S. B. No. 252 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 252

Senator Coughlin

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,	62
120.14, 120.15, 120.16, 120.18, 120.24, 120.25, 120.26, 120.28,	63
120.33, 120.36, 309.08, 341.23, 341.33, 503.44, 503.46, 504.04,	64
504.05, 504.06, 504.08, 504.15, 705.14, 705.55, 733.40, 733.44,	65
733.51, 733.52, 743.14, 753.02, 753.021, 753.04, 753.08, 925.31,	66
955.99, 1901.021, 1901.024, 1901.026, 1901.04, 1901.08, 1901.11,	67
1901.181, 1901.31, 1905.29, 1907.012, 1923.01, 1923.02, 1923.10,	68
2152.021, 2152.03, 2152.16, 2152.18, 2152.21, 2152.41, 2325.15,	69
2335.06, 2335.08, 2335.09, 2743.51, 2743.60, 2743.70, 2901.01,	70
2903.04, 2903.06, 2903.08, 2903.212, 2903.213, 2903.214, 2907.24,	71
2907.27, 2907.28, 2907.41, 2913.01, 2915.01, 2917.11, 2917.41,	72
2919.25, 2919.251, 2919.26, 2919.271, 2921.25, 2921.51, 2921.52,	73
2929.142, 2929.21, 2930.01, 2931.01, 2933.02, 2933.03, 2933.04,	74
2933.05, 2933.06, 2933.10, 2935.01, 2935.03, 2935.13, 2935.14,	75
2935.17, 2935.27, 2935.33, 2935.36, 2937.08, 2937.221, 2937.23,	76
2937.46, 2937.99, 2938.02, 2938.04, 2941.51, 2945.17, 2947.23,	77
2949.02, 2950.01, 2951.041, 2953.02, 2953.03, 2953.07, 2953.09,	78
2953.31, 2953.36, 3113.31, 3301.88, 3313.662, 3319.20, 3319.31,	79
3327.10, 3345.23, 3375.50, 3375.51, 3397.41, 3397.43, 4112.02,	80
4113.52, 4301.252, 4501.11, 4503.13, 4503.233, 4503.234, 4506.07,	81
4506.15, 4506.18, 4507.02, 4507.06, 4507.091, 4507.164, 4509.33,	82
4509.35, 4510.01, 4510.03, 4510.031, 4510.032, 4510.034, 4510.036,	83
4510.038, 4510.04, 4510.05, 4510.07, 4510.11, 4510.12, 4510.13,	84
4510.14, 4510.15, 4510.16, 4510.161, 4510.17, 4510.22, 4510.31,	85
4510.41, 4510.43, 4510.53, 4510.54, 4511.01, 4511.181, 4511.19,	86
4511.191, 4511.192, 4511.193, 4511.194, 4511.195, 4511.196,	87
4511.197, 4511.203, 4511.211, 4511.512, 4511.63, 4511.69, 4511.75,	88
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, 4511.79, 4511.81,	89
4513.263, 4513.35, 4513.37, 4521.01, 4549.17, 4730.31, 4731.223,	90
4760.15, 4762.15, 4999.06, 5104.09, 5123.081, 5126.28, 5309.54,	91
5321.05, 5502.61, and 5503.04 be amended, section 1905.29 (737.34)	92
be amended for the purpose of adopting a new section number as	93
indicated in parentheses, and sections 1901.42, 1905.41, 1905.42,	94
1905.43, 1905.44, 1905.45, 1905.46, 1905.47, 1905.48, 1905.49,	95
1905.50, 1905.51, 1905.52, 1905.53, 1905.54, 1905.55, 1905.56,	96
1905.57, and 1907.25 of the Revised Code be enacted to read as	97
follows:	98

Sec. 109.42. (A) The attorney general shall prepare and have	99
printed a pamphlet that contains a compilation of all statutes	100
relative to victim's rights in which the attorney general lists	101
and explains the statutes in the form of a victim's bill of	102
rights. The attorney general shall distribute the pamphlet to all	103
sheriffs, marshals, municipal corporation and township police	104
departments, constables, and other law enforcement agencies, to	105
all prosecuting attorneys, city directors of law, village	106
solicitors, and other similar chief legal officers of municipal	107
corporations, and to organizations that represent or provide	108
services for victims of crime. The victim's bill of rights set	109
forth in the pamphlet shall contain a description of all of the	110
rights of victims that are provided for in Chapter 2930. or in any	111
other section of the Revised Code and shall include, but not be	112
limited to, all of the following:	113

(1) The right of a victim or a victim's representative to	114
attend a proceeding before a grand jury, in a juvenile case, or in	115
a criminal case pursuant to a subpoena without being discharged	116
from the victim's or representative's employment, having the	117
victim's or representative's employment terminated, having the	118
victim's or representative's pay decreased or withheld, or	119
otherwise being punished, penalized, or threatened as a result of	120
time lost from regular employment because of the victim's or	121
representative's attendance at the proceeding pursuant to the	122
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	123
2945.451 of the Revised Code;	124

(2) The potential availability pursuant to section 2151.359	125
or 2152.61 of the Revised Code of a forfeited recognizance to pay	126
damages caused by a child when the delinquency of the child or	127
child's violation of probation or community control is found to be	128
proximately caused by the failure of the child's parent or	129
guardian to subject the child to reasonable parental authority or	130
to faithfully discharge the conditions of probation or community	131
control;	132

(3) The availability of awards of reparations pursuant to	133
sections 2743.51 to 2743.72 of the Revised Code for injuries	134
caused by criminal offenses;	135

(4) The right of the victim in certain criminal or juvenile	136
cases or a victim's representative to receive, pursuant to section	137
2930.06 of the Revised Code, notice of the date, time, and place	138
of the trial or delinquency proceeding in the case or, if there	139
will not be a trial or delinquency proceeding, information from	140
the prosecutor, as defined in section 2930.01 of the Revised Code,	141
regarding the disposition of the case;	142

(5) The right of the victim in certain criminal or juvenile	143
cases or a victim's representative to receive, pursuant to section	144
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	145
name of the person charged with the violation, the case or docket	146
number assigned to the charge, and a telephone number or numbers	147
that can be called to obtain information about the disposition of	148
the case;	149

(6) The right of the victim in certain criminal or juvenile	150
cases or of the victim's representative pursuant to section	151
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	152
terms set by the court as authorized under section 2930.14 of the	153
Revised Code, to make a statement about the victimization and, if	154
applicable, a statement relative to the sentencing or disposition	155
of the offender;	156

(7) The opportunity to obtain a court order, pursuant to	157
section 2945.04 of the Revised Code, to prevent or stop the	158
commission of the offense of intimidation of a crime victim or	159
witness or an offense against the person or property of the	160
complainant, or of the complainant's ward or child;	161

(8) The right of the victim in certain criminal or juvenile	162
cases or a victim's representative pursuant to sections 2151.38,	163
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	164
receive notice of a pending motion for judicial release or early	165
release of the person who committed the offense against the	166
victim, to make an oral or written statement at the court hearing	167
on the motion, and to be notified of the court's decision on the	168
motion;	169

(9) The right of the victim in certain criminal or juvenile	170
cases or a victim's representative pursuant to section 2930.16,	171
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	172
of any pending commutation, pardon, parole, transitional control,	173
discharge, other form of authorized release, post-release control,	174
or supervised release for the person who committed the offense	175
against the victim or any application for release of that person	176
and to send a written statement relative to the victimization and	177
the pending action to the adult parole authority or the release	178
authority of the department of youth services;	179

(10) The right of the victim to bring a civil action pursuant	180
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	181
from the offender's profit fund;	182

(11) The right, pursuant to section 3109.09 of the Revised	183
Code, to maintain a civil action to recover compensatory damages	184
not exceeding ten thousand dollars and costs from the parent of a	185
minor who willfully damages property through the commission of an	186
act that would be a theft offense, as defined in section 2913.01	187
of the Revised Code, if committed by an adult;	188

(12) The right, pursuant to section 3109.10 of the Revised	189
Code, to maintain a civil action to recover compensatory damages	190
not exceeding ten thousand dollars and costs from the parent of a	191
minor who willfully and maliciously assaults a person;	192

(13) The possibility of receiving restitution from an	193
offender or a delinquent child pursuant to section 2152.20,	194
2929.18, or 2929.28 of the Revised Code;	195

(14) The right of the victim in certain criminal or juvenile	196
cases or a victim's representative, pursuant to section 2930.16 of	197
the Revised Code, to receive notice of the escape from confinement	198
or custody of the person who committed the offense, to receive	199
that notice from the custodial agency of the person at the	200
victim's last address or telephone number provided to the	201
custodial agency, and to receive notice that, if either the	202
victim's address or telephone number changes, it is in the	203
victim's interest to provide the new address or telephone number	204
to the custodial agency;	205

(15) The right of a victim of domestic violence to seek the	206
issuance of a civil protection order pursuant to section 3113.31	207
of the Revised Code, the right of a victim of a violation of	208
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	209
of the Revised Code, a violation of a substantially similar	210
municipal ordinance or township resolution, or an offense of	211
violence who is a family or household member of the offender at	212
the time of the offense to seek the issuance of a temporary	213
protection order pursuant to section 2919.26 of the Revised Code,	214
and the right of both types of victims to be accompanied by a	215
victim advocate during court proceedings;	216

(16) The right of a victim of a sexually oriented offense or	217
of a child-victim oriented offense that is committed by a person	218
who is convicted of, pleads guilty to, or is adjudicated a	219
delinquent child for committing the offense and who is in a	220
category specified in division (B) of section 2950.10 of the	221
Revised Code to receive, pursuant to that section, notice that	222
the person has registered with a sheriff under section 2950.04,	223
2950.041, or 2950.05 of the Revised Code and notice of the	224
person's name, the person's residence that is registered, and the	225
offender's school, institution of higher education, or place of	226
employment address or addresses that are registered, the person's	227
photograph, and a summary of the manner in which the victim must	228
make a request to receive the notice. As used in this division,	229
"sexually oriented offense" and "child-victim oriented offense"	230
have the same meanings as in section 2950.01 of the Revised Code.	231

(17) The right of a victim of certain sexually violent	232
offenses committed by an offender who also is convicted of or	233
pleads guilty to a sexually violent predator specification and who	234
is sentenced to a prison term pursuant to division (A)(3) of	235
section 2971.03 of the Revised Code, of a victim of a violation of	236
division (A)(1)(b) of section 2907.02 of the Revised Code	237
committed on or after January 2, 2007, by an offender who is	238
sentenced for the violation pursuant to division (B)(1)(a), (b),	239
or (c) of section 2971.03 of the Revised Code, of a victim of an	240
attempted rape committed on or after January 2, 2007, by an	241
offender who also is convicted of or pleads guilty to a	242
specification of the type described in section 2941.1418,	243
2941.1419, or 2941.1420 of the Revised Code and is sentenced for	244
the violation pursuant to division (B)(2)(a), (b), or (c) of	245
section 2971.03 of the Revised Code, and of a victim of an offense	246
that is described in division (B)(3)(a), (b), (c), or (d) of	247
section 2971.03 of the Revised Code and is committed by an	248
offender who is sentenced pursuant to one of those divisions to	249
receive, pursuant to section 2930.16 of the Revised Code, notice	250
of a hearing to determine whether to modify the requirement that	251
the offender serve the entire prison term in a state correctional	252
facility, whether to continue, revise, or revoke any existing	253
modification of that requirement, or whether to terminate the	254
prison term. As used in this division, "sexually violent offense"	255
and "sexually violent predator specification" have the same	256
meanings as in section 2971.01 of the Revised Code.	257

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	258
prosecuting attorney, assistant prosecuting attorney, city	259
director of law, assistant city director of law, village	260
solicitor, assistant village solicitor, or similar chief legal	261
officer of a municipal corporation or an assistant of any of those	262
officers who prosecutes an offense committed in this state, upon	263
first contact with the victim of the offense, the victim's family,	264
or the victim's dependents, shall give the victim, the victim's	265
family, or the victim's dependents a copy of the pamphlet prepared	266
pursuant to division (A) of this section and explain, upon	267
request, the information in the pamphlet to the victim, the	268
victim's family, or the victim's dependents.	269

(b) Subject to division (B)(1)(c) of this section, a law	270
enforcement agency that investigates an offense or delinquent act	271
committed in this state shall give the victim of the offense or	272
delinquent act, the victim's family, or the victim's dependents a	273
copy of the pamphlet prepared pursuant to division (A) of this	274
section at one of the following times:	275

(i) Upon first contact with the victim, the victim's family,	276
or the victim's dependents;	277

(ii) If the offense or delinquent act is an offense of	278
violence, if the circumstances of the offense or delinquent act	279
and the condition of the victim, the victim's family, or the	280
victim's dependents indicate that the victim, the victim's family,	281
or the victim's dependents will not be able to understand the	282
significance of the pamphlet upon first contact with the agency,	283
and if the agency anticipates that it will have an additional	284
contact with the victim, the victim's family, or the victim's	285
dependents, upon the agency's second contact with the victim, the	286
victim's family, or the victim's dependents.	287

If the agency does not give the victim, the victim's family,	288
or the victim's dependents a copy of the pamphlet upon first	289
contact with them and does not have a second contact with the	290
victim, the victim's family, or the victim's dependents, the	291
agency shall mail a copy of the pamphlet to the victim, the	292
victim's family, or the victim's dependents at their last known	293
address.	294

(c) In complying on and after December 9, 1994, with the	295
duties imposed by division (B)(1)(a) or (b) of this section, an	296
official or a law enforcement agency shall use copies of the	297
pamphlet that are in the official's or agency's possession on	298
December 9, 1994, until the official or agency has distributed all	299
of those copies. After the official or agency has distributed all	300
of those copies, the official or agency shall use only copies of	301
the pamphlet that contain at least the information described in	302
divisions (A)(1) to (17) of this section.	303

(2) The failure of a law enforcement agency or of a	304
prosecuting attorney, assistant prosecuting attorney, city	305
director of law, assistant city director of law, village	306
solicitor, assistant village solicitor, or similar chief legal	307
officer of a municipal corporation or an assistant to any of those	308
officers to give, as required by division (B)(1) of this section,	309
the victim of an offense or delinquent act, the victim's family,	310
or the victim's dependents a copy of the pamphlet prepared	311
pursuant to division (A) of this section does not give the victim,	312
the victim's family, the victim's dependents, or a victim's	313
representative any rights under section 2743.51 to 2743.72,	314
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	315
Revised Code or under any other provision of the Revised Code and	316
does not affect any right under those sections.	317

(3) A law enforcement agency, a prosecuting attorney or	318
assistant prosecuting attorney, or a city director of law,	319
assistant city director of law, village solicitor, assistant	320
village solicitor, or similar chief legal officer of a municipal	321
corporation that distributes a copy of the pamphlet prepared	322
pursuant to division (A) of this section shall not be required to	323
distribute a copy of an information card or other printed material	324
provided by the clerk of the court of claims pursuant to section	325
2743.71 of the Revised Code.	326

(C) The cost of printing and distributing the pamphlet	327
prepared pursuant to division (A) of this section shall be paid	328
out of the reparations fund, created pursuant to section 2743.191	329
of the Revised Code, in accordance with division (D) of that	330
section.	331

(D) As used in this section:

332

(1) "Victim's representative" has the same meaning as in	333
section 2930.01 of the Revised Code;	334

(2) "Victim advocate" has the same meaning as in section	335
2919.26 of the Revised Code.	336

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	337
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013	338
of the Revised Code, a completed form prescribed pursuant to	339
division (C)(1) of this section, and a set of fingerprint	340
impressions obtained in the manner described in division (C)(2) of	341
this section, the superintendent of the bureau of criminal	342
identification and investigation shall conduct a criminal records	343
check in the manner described in division (B) of this section to	344
determine whether any information exists that indicates that the	345
person who is the subject of the request previously has been	346
convicted of or pleaded guilty to any of the following:	347

(a) A violation of section 2903.01, 2903.02, 2903.03,	348
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	349
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	350
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	351
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	352
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	353
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	354
2925.06, or 3716.11 of the Revised Code, felonious sexual	355
penetration in violation of former section 2907.12 of the Revised	356
Code, a violation of section 2905.04 of the Revised Code as it	357
existed prior to July 1, 1996, a violation of section 2919.23 of	358
the Revised Code that would have been a violation of section	359
2905.04 of the Revised Code as it existed prior to July 1, 1996,	360
had the violation been committed prior to that date, or a	361
violation of section 2925.11 of the Revised Code that is not a	362
minor drug possession offense;	363

(b) A violation of an existing or former law of this state,	364
any other state, or the United States that is substantially	365
equivalent to any of the offenses listed in division (A)(1)(a) of	366
this section.	367

(2) On receipt of a request pursuant to section 5123.081 of	368
the Revised Code with respect to an applicant for employment in	369
any position with the department of mental retardation and	370
developmental disabilities, pursuant to section 5126.28 of the	371
Revised Code with respect to an applicant for employment in any	372
position with a county board of mental retardation and	373
developmental disabilities, or pursuant to section 5126.281 of the	374
Revised Code with respect to an applicant for employment in a	375
direct services position with an entity contracting with a county	376
board for employment, a completed form prescribed pursuant to	377
division (C)(1) of this section, and a set of fingerprint	378
impressions obtained in the manner described in division (C)(2) of	379
this section, the superintendent of the bureau of criminal	380
identification and investigation shall conduct a criminal records	381
check. The superintendent shall conduct the criminal records check	382
in the manner described in division (B) of this section to	383
determine whether any information exists that indicates that the	384
person who is the subject of the request has been convicted of or	385
pleaded guilty to any of the following:	386

(a) A violation of section 2903.01, 2903.02, 2903.03,	387
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	388
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	389
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	390
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	391
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	392
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	393
2925.03, or 3716.11 of the Revised Code;	394

(b) An existing or former municipal ordinance, township	395
resolution, or law of this state, any other state, or the United	396
States that is substantially equivalent to any of the offenses	397
listed in division (A)(2)(a) of this section.	398

(3) On receipt of a request pursuant to section 173.27,	399
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	400
completed form prescribed pursuant to division (C)(1) of this	401
section, and a set of fingerprint impressions obtained in the	402
manner described in division (C)(2) of this section, the	403
superintendent of the bureau of criminal identification and	404
investigation shall conduct a criminal records check with respect	405
to any person who has applied for employment in a position for	406
which a criminal records check is required by those sections. The	407
superintendent shall conduct the criminal records check in the	408
manner described in division (B) of this section to determine	409
whether any information exists that indicates that the person who	410
is the subject of the request previously has been convicted of or	411
pleaded guilty to any of the following:	412

(a) A violation of section 2903.01, 2903.02, 2903.03,	413
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	414
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	415
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	416
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	417
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	418
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	419
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	420
2925.22, 2925.23, or 3716.11 of the Revised Code;	421

(b) An existing or former law of this state, any other state,	422
or the United States that is substantially equivalent to any of	423
the offenses listed in division (A)(3)(a) of this section.	424

(4) On receipt of a request pursuant to section 3701.881 of	425
the Revised Code with respect to an applicant for employment with	426
a home health agency as a person responsible for the care,	427
custody, or control of a child, a completed form prescribed	428
pursuant to division (C)(1) of this section, and a set of	429
fingerprint impressions obtained in the manner described in	430
division (C)(2) of this section, the superintendent of the bureau	431
of criminal identification and investigation shall conduct a	432
criminal records check. The superintendent shall conduct the	433
criminal records check in the manner described in division (B) of	434
this section to determine whether any information exists that	435
indicates that the person who is the subject of the request	436
previously has been convicted of or pleaded guilty to any of the	437
following:	438

(a) A violation of section 2903.01, 2903.02, 2903.03,	439
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	440
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	441
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	442
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	443
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	444
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	445
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	446
violation of section 2925.11 of the Revised Code that is not a	447
minor drug possession offense;	448

(b) An existing or former law of this state, any other state,	449
or the United States that is substantially equivalent to any of	450
the offenses listed in division (A)(4)(a) of this section.	451

(5) On receipt of a request pursuant to section 5111.032,	452
5111.033, or 5111.034 of the Revised Code, a completed form	453
prescribed pursuant to division (C)(1) of this section, and a set	454
of fingerprint impressions obtained in the manner described in	455
division (C)(2) of this section, the superintendent of the bureau	456
of criminal identification and investigation shall conduct a	457
criminal records check. The superintendent shall conduct the	458
criminal records check in the manner described in division (B) of	459
this section to determine whether any information exists that	460
indicates that the person who is the subject of the request	461
previously has been convicted of, has pleaded guilty to, or has	462
been found eligible for intervention in lieu of conviction for	463
any of the following:	464

(a) A violation of section 2903.01, 2903.02, 2903.03,	465
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	466
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	467
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	468
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	469
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	470
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	471
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	472
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	473
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	474
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	475
3716.11 of the Revised Code, felonious sexual penetration in	476
violation of former section 2907.12 of the Revised Code, a	477
violation of section 2905.04 of the Revised Code as it existed	478
prior to July 1, 1996, a violation of section 2919.23 of the	479
Revised Code that would have been a violation of section 2905.04	480
of the Revised Code as it existed prior to July 1, 1996, had the	481
violation been committed prior to that date;	482

(b) An existing or former law of this state, any other state,	483
or the United States that is substantially equivalent to any of	484
the offenses listed in division (A)(5)(a) of this section.	485

(6) On receipt of a request pursuant to section 3701.881 of	486
the Revised Code with respect to an applicant for employment with	487
a home health agency in a position that involves providing direct	488
care to an older adult, a completed form prescribed pursuant to	489
division (C)(1) of this section, and a set of fingerprint	490
impressions obtained in the manner described in division (C)(2) of	491
this section, the superintendent of the bureau of criminal	492
identification and investigation shall conduct a criminal records	493
check. The superintendent shall conduct the criminal records check	494
in the manner described in division (B) of this section to	495
determine whether any information exists that indicates that the	496
person who is the subject of the request previously has been	497
convicted of or pleaded guilty to any of the following:	498

(a) A violation of section 2903.01, 2903.02, 2903.03,	499
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	500
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	501
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	502
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	503
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	504
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	505
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	506
2925.22, 2925.23, or 3716.11 of the Revised Code;	507

(b) An existing or former law of this state, any other state,	508
or the United States that is substantially equivalent to any of	509
the offenses listed in division (A)(6)(a) of this section.	510

(7) When conducting a criminal records check upon a request	511
pursuant to section 3319.39 of the Revised Code for an applicant	512
who is a teacher, in addition to the determination made under	513
division (A)(1) of this section, the superintendent shall	514
determine whether any information exists that indicates that the	515
person who is the subject of the request previously has been	516
convicted of or pleaded guilty to any offense specified in section	517
3319.31 of the Revised Code.	518

(8) On a request pursuant to section 2151.86 of the Revised	519
Code, a completed form prescribed pursuant to division (C)(1) of	520
this section, and a set of fingerprint impressions obtained in the	521
manner described in division (C)(2) of this section, the	522
superintendent of the bureau of criminal identification and	523
investigation shall conduct a criminal records check in the manner	524
described in division (B) of this section to determine whether any	525
information exists that indicates that the person who is the	526
subject of the request previously has been convicted of or pleaded	527
guilty to any of the following:	528

(a) A violation of section 2903.01, 2903.02, 2903.03,	529
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	530
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	531
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	532
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	533
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	534
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	535
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	536
violation of section 2905.04 of the Revised Code as it existed	537
prior to July 1, 1996, a violation of section 2919.23 of the	538
Revised Code that would have been a violation of section 2905.04	539
of the Revised Code as it existed prior to July 1, 1996, had the	540
violation been committed prior to that date, a violation of	541
section 2925.11 of the Revised Code that is not a minor drug	542
possession offense, or felonious sexual penetration in violation	543
of former section 2907.12 of the Revised Code;	544

(b) A violation of an existing or former law of this state,	545
any other state, or the United States that is substantially	546
equivalent to any of the offenses listed in division (A)(8)(a) of	547
this section.	548

(9) When conducting a criminal records check on a request	549
pursuant to section 5104.013 of the Revised Code for a person who	550
is an owner, licensee, or administrator of a child day-care center	551
or type A family day-care home, an authorized provider of a	552
certified type B family day-care home, or an adult residing in a	553
type A or certified type B home, or when conducting a criminal	554
records check or a request pursuant to section 5104.012 of the	555
Revised Code for a person who is an applicant for employment in a	556
center, type A home, or certified type B home, the superintendent,	557
in addition to the determination made under division (A)(1) of	558
this section, shall determine whether any information exists that	559
indicates that the person has been convicted of or pleaded guilty	560
to any of the following:	561

(a) A violation of section 2913.02, 2913.03, 2913.04,	562
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	563
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	564
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	565
2921.13, or 2923.01 of the Revised Code, a violation of section	566
2923.02 or 2923.03 of the Revised Code that relates to a crime	567
specified in this division or division (A)(1)(a) of this section,	568
or a second violation of section 4511.19 of the Revised Code	569
within five years of the date of application for licensure or	570
certification.	571

(b) A violation of an existing or former law of this state,	572
any other state, or the United States that is substantially	573
equivalent to any of the offenses or violations described in	574
division (A)(9)(a) of this section.	575

(10) Upon receipt of a request pursuant to section 5153.111	576
of the Revised Code, a completed form prescribed pursuant to	577
division (C)(1) of this section, and a set of fingerprint	578
impressions obtained in the manner described in division (C)(2) of	579
this section, the superintendent of the bureau of criminal	580
identification and investigation shall conduct a criminal records	581
check in the manner described in division (B) of this section to	582
determine whether any information exists that indicates that the	583
person who is the subject of the request previously has been	584
convicted of or pleaded guilty to any of the following:	585

(a) A violation of section 2903.01, 2903.02, 2903.03,	586
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	587
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	588
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	589
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	590
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	591
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	592
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	593
felonious sexual penetration in violation of former section	594
2907.12 of the Revised Code, a violation of section 2905.04 of the	595
Revised Code as it existed prior to July 1, 1996, a violation of	596
section 2919.23 of the Revised Code that would have been a	597
violation of section 2905.04 of the Revised Code as it existed	598
prior to July 1, 1996, had the violation been committed prior to	599
that date, or a violation of section 2925.11 of the Revised Code	600
that is not a minor drug possession offense;	601

(b) A violation of an existing or former law of this state,	602
any other state, or the United States that is substantially	603
equivalent to any of the offenses listed in division (A)(10)(a) of	604
this section.	605

(11) On receipt of a request for a criminal records check	606
from an individual pursuant to section 4749.03 or 4749.06 of the	607
Revised Code, accompanied by a completed copy of the form	608
prescribed in division (C)(1) of this section and a set of	609
fingerprint impressions obtained in a manner described in division	610
(C)(2) of this section, the superintendent of the bureau of	611
criminal identification and investigation shall conduct a criminal	612
records check in the manner described in division (B) of this	613
section to determine whether any information exists indicating	614
that the person who is the subject of the request has been	615
convicted of or pleaded guilty to a felony in this state or in any	616
other state. If the individual indicates that a firearm will be	617
carried in the course of business, the superintendent shall	618
require information from the federal bureau of investigation as	619
described in division (B)(2) of this section. The superintendent	620
shall report the findings of the criminal records check and any	621
information the federal bureau of investigation provides to the	622
director of public safety.	623

(12) On receipt of a request pursuant to section 1322.03,	624
1322.031, or 4763.05 of the Revised Code, a completed form	625
prescribed pursuant to division (C)(1) of this section, and a set	626
of fingerprint impressions obtained in the manner described in	627
division (C)(2) of this section, the superintendent of the bureau	628
of criminal identification and investigation shall conduct a	629
criminal records check with respect to any person who has applied	630
for a license, permit, or certification from the department of	631
commerce or a division in the department. The superintendent shall	632
conduct the criminal records check in the manner described in	633
division (B) of this section to determine whether any information	634
exists that indicates that the person who is the subject of the	635
request previously has been convicted of or pleaded guilty to any	636
of the following: a violation of section 2913.02, 2913.11,	637
2913.31, 2913.51, or 2925.03 of the Revised Code; any other	638
criminal offense involving theft, receiving stolen property,	639
embezzlement, forgery, fraud, passing bad checks, money	640
laundering, or drug trafficking, or any criminal offense involving	641
money or securities, as set forth in Chapters 2909., 2911., 2913.,	642
2915., 2921., 2923., and 2925. of the Revised Code; or any	643
existing or former law of this state, any other state, or the	644
United States that is substantially equivalent to those offenses.	645

(13) Not later than thirty days after the date the	646
superintendent receives the request, completed form, and	647
fingerprint impressions, the superintendent shall send the person,	648
board, or entity that made the request any information, other than	649
information the dissemination of which is prohibited by federal	650
law, the superintendent determines exists with respect to the	651
person who is the subject of the request that indicates that the	652
person previously has been convicted of or pleaded guilty to any	653
offense listed or described in division (A)(1), (2), (3), (4),	654
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as	655
appropriate. The superintendent shall send the person, board, or	656
entity that made the request a copy of the list of offenses	657
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	658
(9), (10), (11), or (12) of this section, as appropriate. If the	659
request was made under section 3701.881 of the Revised Code with	660
regard to an applicant who may be both responsible for the care,	661
custody, or control of a child and involved in providing direct	662
care to an older adult, the superintendent shall provide a list of	663
the offenses specified in divisions (A)(4) and (6) of this	664
section.	665

(B) The superintendent shall conduct any criminal records	666
check requested under section 121.08, 173.27, 173.394, 1322.03,	667
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	668
3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,	669
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	670
5153.111 of the Revised Code as follows:	671

(1) The superintendent shall review or cause to be reviewed	672
any relevant information gathered and compiled by the bureau under	673
division (A) of section 109.57 of the Revised Code that relates to	674
the person who is the subject of the request, including any	675
relevant information contained in records that have been sealed	676
under section 2953.32 of the Revised Code;	677

(2) If the request received by the superintendent asks for	678
information from the federal bureau of investigation, the	679
superintendent shall request from the federal bureau of	680
investigation any information it has with respect to the person	681
who is the subject of the request and shall review or cause to be	682
reviewed any information the superintendent receives from that	683
bureau.	684

(3) The superintendent or the superintendent's designee may	685
request criminal history records from other states or the federal	686
government pursuant to the national crime prevention and privacy	687
compact set forth in section 109.571 of the Revised Code.	688

(C)(1) The superintendent shall prescribe a form to obtain	689
the information necessary to conduct a criminal records check from	690
any person for whom a criminal records check is required by	691
section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	692
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	693
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032,	694
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	695
the Revised Code. The form that the superintendent prescribes	696
pursuant to this division may be in a tangible format, in an	697
electronic format, or in both tangible and electronic formats.	698

(2) The superintendent shall prescribe standard impression	699
sheets to obtain the fingerprint impressions of any person for	700
whom a criminal records check is required by section 121.08,	701
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	702
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	703
4763.05, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	704
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any	705
person for whom a records check is required by any of those	706
sections shall obtain the fingerprint impressions at a county	707
sheriff's office, municipal police department, or any other	708
entity with the ability to make fingerprint impressions on the	709
standard impression sheets prescribed by the superintendent. The	710
office, department, or entity may charge the person a reasonable	711
fee for making the impressions. The standard impression sheets the	712
superintendent prescribes pursuant to this division may be in a	713
tangible format, in an electronic format, or in both tangible and	714
electronic formats.	715

(3) Subject to division (D) of this section, the	716
superintendent shall prescribe and charge a reasonable fee for	717
providing a criminal records check requested under section 121.08,	718
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	719
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	720
4763.05, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	721
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	722
person making a criminal records request under section 121.08,	723
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	724
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	725
4763.05, 5104.012, 5104.013, 5111.033, 5111.034, 5123.081,	726
5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the	727
fee prescribed pursuant to this division. A person making a	728
request under section 3701.881 of the Revised Code for a criminal	729
records check for an applicant who may be both responsible for	730
the care, custody, or control of a child and involved in	731
providing direct care to an older adult shall pay one fee for the	732
request. In the case of a request under section 5111.032 of the	733
Revised Code, the fee shall be paid in the manner specified in	734
that section.	735

(4) The superintendent of the bureau of criminal	736
identification and investigation may prescribe methods of	737
forwarding fingerprint impressions and information necessary to	738
conduct a criminal records check, which methods shall include, but	739
not be limited to, an electronic method.	740

(D) A determination whether any information exists that	741
indicates that a person previously has been convicted of or	742
pleaded guilty to any offense listed or described in division	743
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	744
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	745
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this	746
section that is made by the superintendent with respect to	747
information considered in a criminal records check in accordance	748
with this section is valid for the person who is the subject of	749
the criminal records check for a period of one year from the date	750
upon which the superintendent makes the determination. During the	751
period in which the determination in regard to a person is valid,	752
if another request under this section is made for a criminal	753
records check for that person, the superintendent shall provide	754
the information that is the basis for the superintendent's	755
initial determination at a lower fee than the fee prescribed for	756
the initial criminal records check.	757

(E) As used in this section:

758

(1) "Criminal records check" means any criminal records check	759
conducted by the superintendent of the bureau of criminal	760
identification and investigation in accordance with division (B)	761
of this section.	762

(2) "Minor drug possession offense" has the same meaning as	763
in section 2925.01 of the Revised Code.	764

(3) "Older adult" means a person age sixty or older.

765

Sec. 109.60. (A)(1) The sheriffs of the several counties and	766
the ~~chiefs of police~~chief law enforcement officers of ~~cities~~	767
municipal corporations and townships, immediately upon the arrest	768
of any person for any felony, on suspicion of any felony, for a	769
crime constituting a misdemeanor on the first offense and a felony	770
on subsequent offenses, or for any misdemeanor described in	771
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised	772
Code, and immediately upon the arrest or taking into custody of	773
any child under eighteen years of age for committing an act that	774
would be a felony or an offense of violence if committed by an	775
adult or upon probable cause to believe that a child of that age	776
may have committed an act that would be a felony or an offense of	777
violence if committed by an adult, shall take the person's or	778
child's fingerprints, or cause the same to be taken, according to	779
the fingerprint system of identification on the forms furnished by	780
the superintendent of the bureau of criminal identification and	781
investigation, and immediately shall forward copies of the	782
completed forms, any other description that may be required, and	783
the history of the offense committed to the bureau to be	784
classified and filed and to the clerk of the court having	785
jurisdiction over the prosecution of the offense or over the	786
adjudication relative to the act.	787

(2) If a sheriff or chief ~~of police~~law enforcement officer	788
has not taken, or caused to be taken, a person's or child's	789
fingerprints in accordance with division (A)(1) of this section by	790
the time of the arraignment or first appearance of the person or	791
child, the court shall order the person or child to appear before	792
the sheriff or chief ~~of police~~law enforcement officer within	793
twenty-four hours to have the person's or child's fingerprints	794
taken. The sheriff or chief ~~of police~~law enforcement officer	795
shall take the person's or child's fingerprints, or cause the	796
fingerprints to be taken, according to the fingerprint system of	797
identification on the forms furnished by the superintendent of the	798
bureau of criminal identification and investigation and,	799
immediately after the person's or child's arraignment or first	800
appearance, forward copies of the completed forms, any other	801
description that may be required, and the history of the offense	802
committed to the bureau to be classified and filed and to the	803
clerk of the court.	804

(3) Every court with jurisdiction over a case involving a	805
person or child with respect to whom division (A)(1) of this	806
section requires a sheriff or chief ~~of police~~law enforcement	807
officer to take the person's or child's fingerprints shall inquire	808
at the time of the person's or child's sentencing or adjudication	809
whether or not the person or child has been fingerprinted pursuant	810
to division (A)(1) or (2) of this section for the original arrest	811
upon which the sentence or adjudication is based. If the person or	812
child was not fingerprinted for the original arrest upon which the	813
sentence or adjudication is based, the court shall order the	814
person or child to appear before the sheriff or chief ~~of police~~	815
law enforcement officer within twenty-four hours to have the	816
person's or child's fingerprints taken. The sheriff or chief of	817
~~police~~law enforcement officer shall take the person's or child's	818
fingerprints, or cause the fingerprints to be taken, according to	819
the fingerprint system of identification on the forms furnished by	820
the superintendent of the bureau of criminal identification and	821
investigation and immediately forward copies of the completed	822
forms, any other description that may be required, and the history	823
of the offense committed to the bureau to be classified and filed	824
and to the clerk of the court.	825

(4) If a person or child is in the custody of a law	826
enforcement agency or a detention facility, as defined in section	827
2921.01 of the Revised Code, and the chief law enforcement officer	828
or chief administrative officer of the detention facility	829
discovers that a warrant has been issued or a bill of information	830
has been filed alleging the person or child to have committed an	831
offense or act other than the offense or act for which the person	832
or child is in custody, and the other alleged offense or act is	833
one for which fingerprints are to be taken pursuant to division	834
(A)(1) of this section, the law enforcement agency or detention	835
facility shall take the fingerprints of the person or child, or	836
cause the fingerprints to be taken, according to the fingerprint	837
system of identification on the forms furnished by the	838
superintendent of the bureau of criminal identification and	839
investigation and immediately forward copies of the completed	840
forms, any other description that may be required, and the history	841
of the offense committed to the bureau to be classified and filed	842
and to the clerk of the court that issued the warrant or with	843
which the bill of information was filed.	844

(5) If an accused is found not guilty of the offense charged	845
or a nolle prosequi is entered in any case, or if any accused	846
child under eighteen years of age is found not to be a delinquent	847
child for committing an act that would be a felony or an offense	848
of violence if committed by an adult or not guilty of the felony	849
or offense of violence charged or a nolle prosequi is entered in	850
that case, the fingerprints and description shall be given to the	851
accused upon the accused's request.	852

(6) The superintendent shall compare the description received	853
with those already on file in the bureau, and, if the	854
superintendent finds that the person arrested or taken into	855
custody has a criminal record or a record as a delinquent child	856
for having committed an act that would be a felony or an offense	857
of violence if committed by an adult or is a fugitive from justice	858
or wanted by any jurisdiction in this or another state, the United	859
States, or a foreign country for any offense, the superintendent	860
at once shall inform the arresting officer, the officer taking the	861
person into custody, or the chief administrative officer of the	862
county, multicounty, municipal, municipal-county, or	863
multicounty-municipal jail or workhouse, community-based	864
correctional facility, halfway house, alternative residential	865
facility, or state correctional institution in which the person or	866
child is in custody of that fact and give appropriate notice to	867
the proper authorities in the jurisdiction in which the person is	868
wanted, or, if that jurisdiction is a foreign country, give	869
appropriate notice to federal authorities for transmission to the	870
foreign country. The names, under which each person whose	871
identification is filed is known, shall be alphabetically indexed	872
by the superintendent.	873

(B) Division (A) of this section does not apply to a violator	874
of a ~~city~~municipal ordinance or township resolution unless the	875
officers have reason to believe that the violator is a past	876
offender or the crime is one constituting a misdemeanor on the	877
first offense and a felony on subsequent offenses, or unless it is	878
advisable for the purpose of subsequent identification. This	879
section does not apply to any child under eighteen years of age	880
who was not arrested or otherwise taken into custody for	881
committing an act that would be a felony or an offense of violence	882
if committed by an adult or upon probable cause to believe that a	883
child of that age may have committed an act that would be a felony	884
or an offense of violence if committed by an adult, except as	885
provided in section 2151.313 of the Revised Code.	886

(C)(1) For purposes of division (C) of this section, a law	887
enforcement agency shall be considered to have arrested a person	888
if any law enforcement officer who is employed by, appointed by,	889
or serves that agency arrests the person. As used in division (C)	890
of this section:	891

(a) "Illegal methamphetamine manufacturing laboratory" has	892
the same meaning as in section 3745.13 of the Revised Code.	893

(b) "Methamphetamine or a methamphetamine product" means	894
methamphetamine, any salt, isomer, or salt of an isomer of	895
methamphetamine, or any compound, mixture, preparation, or	896
substance containing methamphetamine or any salt, isomer, or salt	897
of an isomer of methamphetamine.	898

(2) Each law enforcement agency that, in any calendar year,	899
arrests any person for a violation of section 2925.04 of the	900
Revised Code that is based on the manufacture of methamphetamine	901
or a methamphetamine product, a violation of section 2925.041 of	902
the Revised Code that is based on the possession of chemicals	903
sufficient to produce methamphetamine or a methamphetamine	904
product, or a violation of any other provision of Chapter 2925. or	905
3719. of the Revised Code that is based on the possession of	906
chemicals sufficient to produce methamphetamine or a	907
methamphetamine product shall prepare an annual report covering	908
the calendar year that contains the information specified in	909
division (C)(3) of this section relative to all arrests for	910
violations of those sections committed under those circumstances	911
during that calendar year and relative to illegal methamphetamine	912
manufacturing laboratories, dump sites, and chemical caches as	913
specified in that division and shall send the annual report, not	914
later than the first day of March in the calendar year following	915
the calendar year covered by the report, to the bureau of criminal	916
identification and investigation.	917

The law enforcement agency shall write any annual report	918
prepared and filed under this division on the standard forms	919
furnished by the superintendent of the bureau of criminal	920
identification and investigation pursuant to division (C)(4) of	921
this section. The annual report shall be a statistical report, and	922
nothing in the report or in the information it contains shall	923
identify, or enable the identification of, any person who was	924
arrested and whose arrest is included in the information contained	925
in the report. The annual report in the possession of the bureau	926
and the information it contains are public records for the purpose	927
of section 149.43 of the Revised Code.	928

(3) The annual report prepared and filed by a law enforcement	929
agency under division (C)(2) of this section shall contain all of	930
the following information for the calendar year covered by the	931
report:	932

(a) The total number of arrests made by the agency in that	933
calendar year for a violation of section 2925.04 of the Revised	934
Code that is based on the manufacture of methamphetamine or a	935
methamphetamine product, a violation of section 2925.041 of the	936
Revised Code that is based on the possession of chemicals	937
sufficient to produce methamphetamine or a methamphetamine	938
product, or a violation of any other provision of Chapter 2925. or	939
3719. of the Revised Code that is based on the possession of	940
chemicals sufficient to produce methamphetamine or a	941
methamphetamine product;	942

(b) The total number of illegal methamphetamine manufacturing	943
laboratories at which one or more of the arrests reported under	944
division (C)(3)(a) of this section occurred, or that were	945
discovered in that calendar year within the territory served by	946
the agency but at which none of the arrests reported under	947
division (C)(3)(a) of this section occurred;	948

(c) The total number of dump sites and chemical caches that	949
are, or that are reasonably believed to be, related to illegal	950
methamphetamine manufacturing and that were discovered in that	951
calendar year within the territory served by the agency.	952

(4) The superintendent of the bureau of criminal	953
identification and investigation shall prepare and furnish to each	954
law enforcement agency in this state standard forms for making the	955
annual reports required by division (C)(2) of this section. The	956
standard forms that the superintendent prepares pursuant to this	957
division may be in a tangible format, in an electronic format, or	958
in both a tangible format and an electronic format.	959

(5) The annual report required by division (C)(2) of this	960
section is separate from, and in addition to, any report,	961
materials, or information required under division (A) of this	962
section or under any other provision of sections 109.57 to 109.62	963
of the Revised Code.	964

Sec. 120.03. (A) The Ohio public defender commission shall	965
appoint the state public defender, who shall serve at the pleasure	966
of the commission.	967

(B) The Ohio public defender commission shall establish rules	968
for the conduct of the offices of the county and joint county	969
public defenders and for the conduct of county appointed counsel	970
systems in the state. These rules shall include, but are not	971
limited to, the following:	972

(1) Standards of indigency and minimum qualifications for	973
legal representation by a public defender or appointed counsel. In	974
establishing standards of indigency and determining who is	975
eligible for legal representation by a public defender or	976
appointed counsel, the commission shall consider an indigent	977
person to be an individual who at the time ~~his~~the person's need	978
is determined is unable to provide for the payment of an attorney	979
and all other necessary expenses of representation. Release on	980
bail shall not prevent a person from being determined to be	981
indigent.	982

(2) Standards for the hiring of outside counsel;

983

(3) Standards for contracts by a public defender with law	984
schools, legal aid societies, and nonprofit organizations for	985
providing counsel;	986

(4) Standards for the qualifications, training, and size of	987
the legal and supporting staff for a public defender, facilities,	988
and other requirements needed to maintain and operate an office of	989
a public defender;	990

(5) Minimum caseload standards;

991

(6) Procedures for the assessment and collection of the costs	992
of legal representation that is provided by public defenders or	993
appointed counsel;	994

(7) Standards and guidelines for determining whether a client	995
is able to make an up-front contribution toward the cost of ~~his~~	996
the client's legal representation;	997

(8) Procedures for the collection of up-front contributions	998
from clients who are able to contribute toward the cost of their	999
legal representation, as determined pursuant to the standards and	1000
guidelines developed under division (B)(7) of this section. All of	1001
such up-front contributions shall be paid into the appropriate	1002
county fund.	1003

(9) Standards for contracts between a board of county	1004
commissioners, a county public defender commission, or a joint	1005
county public defender commission and a municipal corporation or	1006
township for the legal representation of indigent persons charged	1007
with violations of the ordinances of the municipal corporation or	1008
resolutions of the township.	1009

(C) The Ohio public defender commission shall adopt rules	1010
prescribing minimum qualifications of counsel appointed pursuant	1011
to this chapter or appointed by the courts. Without limiting its	1012
general authority to prescribe different qualifications for	1013
different categories of appointed counsel, the commission shall	1014
prescribe, by rule, special qualifications for counsel and	1015
co-counsel appointed in capital cases.	1016

(D) In administering the office of the Ohio public defender	1017
commission:	1018

(1) The commission shall do the following:

1019

(a) Approve an annual operating budget;

1020

(b) Make an annual report to the governor, the general	1021
assembly, and the supreme court of Ohio on the operation of the	1022
state public defender's office, the county appointed counsel	1023
systems, and the county and joint county public defenders'	1024
offices.	1025

(2) The commission may do the following:

1026

(a) Accept the services of volunteer workers and consultants	1027
at no compensation other than reimbursement of actual and	1028
necessary expenses;	1029

(b) Prepare and publish statistical and case studies and	1030
other data pertinent to the legal representation of indigent	1031
persons;	1032

(c) Conduct programs having a general objective of training	1033
and educating attorneys and others in the legal representation of	1034
indigent persons.	1035

(E) There is hereby established in the state treasury the	1036
public defender training fund for the deposit of fees received by	1037
the Ohio public defender commission from educational seminars, and	1038
the sale of publications, on topics concerning criminal law and	1039
procedure. Expenditures from this fund shall be made only for the	1040
operation of activities authorized by division (D)(2)(c) of this	1041
section.	1042

(F)(1) In accordance with sections 109.02, 109.07, and	1043
109.361 to 109.366 of the Revised Code, but subject to division	1044
(E) of section 120.06 of the Revised Code, the attorney general	1045
shall represent or provide for the representation of the Ohio	1046
public defender commission, the state public defender, assistant	1047
state public defenders, and other employees of the commission or	1048
the state public defender.	1049

(2) Subject to division (E) of section 120.06 of the Revised	1050
Code, the attorney general shall represent or provide for the	1051
representation of attorneys described in division (C) of section	1052
120.41 of the Revised Code in malpractice or other civil actions	1053
or proceedings that arise from alleged actions or omissions	1054
related to responsibilities derived pursuant to this chapter, or	1055
in civil actions that are based upon alleged violations of the	1056
constitution or statutes of the United States, including section	1057
1983 of Title 42 of the United States Code, 93 Stat. 1284 (1979),	1058
42 U.S.C.A. 1983, as amended, and that arise from alleged actions	1059
or omissions related to responsibilities derived pursuant to this	1060
chapter. For purposes of the representation, sections 109.361 to	1061
109.366 of the Revised Code shall apply to an attorney described	1062
in division (C) of section 120.41 of the Revised Code as if hethe	1063
attorney were an officer or employee, as defined in section 109.36	1064
of the Revised Code, and the Ohio public defender commission or	1065
the state public defender, whichever contracted with the attorney,	1066
shall be considered ~~his~~the attorney's employer.	1067

Sec. 120.14. (A)(1) Except as provided in division (A)(2) of	1068
this section, the county public defender commission shall appoint	1069
the county public defender and may remove ~~him~~the county public	1070
defender from office only for good cause.	1071

(2) If a county public defender commission contracts with the	1072
state public defender or with one or more nonprofit organizations	1073
for the state public defender or the organizations to provide all	1074
of the services that the county public defender is required or	1075
permitted to provide by this chapter, the commission shall not	1076
appoint a county public defender.	1077

(B) The commission shall determine the qualifications and	1078
size of the supporting staff and facilities and other requirements	1079
needed to maintain and operate the office of the county public	1080
defender.	1081

(C) In administering the office of county public defender,	1082
the commission shall:	1083

(1) Recommend to the county commissioners an annual operating	1084
budget which is subject to the review, amendment, and approval of	1085
the board of county commissioners;	1086

(2)(a) Make an annual report to the county commissioners and	1087
the Ohio public defender commission on the operation of the county	1088
public defender's office, including complete and detailed	1089
information on finances and costs that separately states costs and	1090
expenses that are reimbursable under section 120.35 of the Revised	1091
Code, and any other data and information requested by the state	1092
public defender;	1093

(b) Make monthly reports relating to reimbursement and	1094
associated case data pursuant to the rules of the Ohio public	1095
defender commission to the board of county commissioners and the	1096
Ohio public defender commission on the total costs of the public	1097
defender's office.	1098

(3) Cooperate with the Ohio public defender commission in	1099
maintaining the standards established by rules of the Ohio public	1100
defender commission pursuant to divisions (B) and (C) of section	1101
120.03 of the Revised Code, and cooperate with the state public	1102
defender in ~~his~~the state public defender's programs providing	1103
technical aid and assistance to county systems.	1104

(D) The commission may accept the services of volunteer	1105
workers and consultants at no compensation except reimbursement	1106
for actual and necessary expenses.	1107

(E) The commission may contract with any municipal	1108
corporation or township, within the county served by the county	1109
public defender, for the county public defender to provide legal	1110
representation for indigent persons who are charged with a	1111
violation of the ordinances of the municipal corporation or	1112
resolutions of the township.	1113

(F) A county public defender commission, with the approval of	1114
the board of county commissioners regarding all provisions that	1115
pertain to the financing of defense counsel for indigent persons,	1116
may contract with the state public defender or with any nonprofit	1117
organization, the primary purpose of which is to provide legal	1118
representation to indigent persons, for the state public defender	1119
or the organization to provide all or any part of the services	1120
that a county public defender is required or permitted to provide	1121
by this chapter. A contract entered into pursuant to this division	1122
may provide for payment for the services provided on a per case,	1123
hourly, or fixed contract basis. The state public defender and any	1124
nonprofit organization that contracts with a county public	1125
defender commission pursuant to this division shall do all of the	1126
following:	1127

(1) Comply with all standards established by the rules of the	1128
Ohio public defender commission;	1129

(2) Comply with all standards established by the state public	1130
defender;	1131

(3) Comply with all statutory duties and other laws	1132
applicable to county public defenders.	1133

Sec. 120.15. (A) The county public defender shall be	1134
appointed by the county public defender commission for a term not	1135
to exceed four years. HeThe county public defender shall be an	1136
attorney with a minimum of two years experience in the practice of	1137
law and be admitted to the practice of law in Ohio at least one	1138
year prior to ~~his~~ appointment.	1139

(B) In carrying out the responsibilities and performing the	1140
duties of ~~his~~ office, the county public defender shall:	1141

(1) Maintain an office, approved by the commission, provided	1142
with a library of adequate size, considering the needs of the	1143
office and the accessibility of other libraries, and other	1144
necessary facilities and equipment;	1145

(2) Keep and maintain financial records of all cases handled	1146
and develop records for use in the calculation of direct and	1147
indirect costs in the operation of the office and report monthly	1148
pursuant to the rules of the Ohio public defender commission to	1149
the county public defender commission and to the Ohio public	1150
defender commission on all relevant data on the operations of the	1151
office, costs, projected needs, and recommendations for	1152
legislation or amendments to court rules, as may be appropriate to	1153
improve the criminal justice system;	1154

(3) Collect all moneys due from contracts with municipal	1155
corporations and townships or for reimbursement for legal services	1156
under this chapter and institute such actions in court for the	1157
collection of such sums as hethe county public defender considers	1158
advisable. All moneys collected or received by the public	1159
defender shall be paid into the county treasury to the credit of	1160
the general revenue fund.	1161

(4) Appoint assistant county public defenders and all other	1162
personnel necessary to the functioning of the county public	1163
defender's office, subject to the authority of the county public	1164
defender commission to determine the size and qualifications of	1165
the staff pursuant to division (B) of section 120.14 of the	1166
Revised Code. All assistant county public defenders shall be	1167
admitted to the practice of law in Ohio, and may be appointed on a	1168
full or part-time basis.	1169

(C) The county public defender may exercise the rights	1170
authorized in division (C) of section 120.04 of the Revised Code.	1171

(D) The county public defender shall determine indigency of	1172
persons, subject to review by the court, in the same manner as	1173
provided in section 120.05 of the Revised Code. Each monthly	1174
report submitted to the board of county commissioners and the	1175
state public defender shall include a certification by the county	1176
public defender that all persons provided representation by the	1177
county public defender's office during the month covered by the	1178
report were indigent under the standards of the Ohio public	1179
defender commission.	1180

Sec. 120.16. (A)(1) The county public defender shall provide	1181
legal representation to indigent adults and juveniles who are	1182
charged with the commission of an offense or act that is a	1183
violation of a state statute and for which the penalty or any	1184
possible adjudication includes the potential loss of liberty and	1185
in postconviction proceedings as defined in this section.	1186

(2) The county public defender may provide legal	1187
representation to indigent adults and juveniles charged with the	1188
violation of an ordinance of a municipal corporation or resolution	1189
of a township for which the penalty or any possible adjudication	1190
includes the potential loss of liberty, if the county public	1191
defender commission has contracted with the municipal corporation	1192
or township to provide legal representation for indigent persons	1193
charged with a violation of an ordinance of the municipal	1194
corporation or resolution of the township.	1195

(B) The county public defender shall provide the legal	1196
representation authorized by division (A) of this section at every	1197
stage of the proceedings following arrest, detention, service of	1198
summons, or indictment.	1199

(C) The county public defender may request the state public	1200
defender to prosecute any appeal or other remedy before or after	1201
conviction that the county public defender decides is in the	1202
interests of justice, and may provide legal representation in	1203
parole and probation revocation matters and matters relating to	1204
the revocation of community control or post-release control under	1205
a community control sanction or post-release control sanction.	1206

(D) The county public defender shall not be required to	1207
prosecute any appeal, postconviction remedy, or other proceeding,	1208
unless the county public defender is first satisfied there is	1209
arguable merit to the proceeding.	1210

(E) Nothing in this section shall prevent a court from	1211
appointing counsel other than the county public defender or from	1212
allowing an indigent person to select the indigent person's own	1213
personal counsel to represent the indigent person. A court may	1214
also appoint counsel or allow an indigent person to select the	1215
indigent person's own personal counsel to assist the county public	1216
defender as co-counsel when the interests of justice so require.	1217

(F) Information as to the right to legal representation by	1218
the county public defender or assigned counsel shall be afforded	1219
to an accused person immediately upon arrest, when brought before	1220
a magistrate, or when formally charged, whichever occurs first.	1221

(G) If a court appoints the office of the county public	1222
defender to represent a petitioner in a postconviction relief	1223
proceeding under section 2953.21 of the Revised Code, the	1224
petitioner has received a sentence of death, and the proceeding	1225
relates to that sentence, all of the attorneys who represent the	1226
petitioner in the proceeding pursuant to the appointment, whether	1227
an assistant county public defender or the county public defender,	1228
shall be certified under Rule 20 of the Rules of Superintendence	1229
for the Courts of Ohio to represent indigent defendants charged	1230
with or convicted of an offense for which the death penalty can be	1231
or has been imposed.	1232

(H) As used in this section:

1233

(1) "Community control sanction" has the same meaning as in	1234
section 2929.01 of the Revised Code.	1235

(2) "Post-release control sanction" has the same meaning as	1236
in section 2967.01 of the Revised Code.	1237

Sec. 120.18. (A) The county public defender commission's	1238
report to the board of county commissioners shall be audited by	1239
the county auditor. The board of county commissioners, after	1240
review and approval of the audited report, may then certify it to	1241
the state public defender for reimbursement. If a request for the	1242
reimbursement of any operating expenditure incurred by a county	1243
public defender office is not received by the state public	1244
defender within sixty days after the end of the calendar month in	1245
which the expenditure is incurred, the state public defender shall	1246
not pay the requested reimbursement, unless the county has	1247
requested, and the state public defender has granted, an extension	1248
of the sixty-day time limit. Each request for reimbursement shall	1249
include a certification by the county public defender that the	1250
persons provided representation by the county public defender's	1251
office during the period covered by the report were indigent and,	1252
for each person provided representation during that period, a	1253
financial disclosure form completed by the person on a form	1254
prescribed by the state public defender. The state public defender	1255
shall also review the report and, in accordance with the	1256
standards, guidelines, and maximums established pursuant to	1257
divisions (B)(7) and (8) of section 120.04 of the Revised Code,	1258
prepare a voucher for fifty per cent of the total cost of each	1259
county public defender's office for the period of time covered by	1260
the certified report and a voucher for fifty per cent of the costs	1261
and expenses that are reimbursable under section 120.35 of the	1262
Revised Code, if any, or, if the amount of money appropriated by	1263
the general assembly to reimburse counties for the operation of	1264
county public defender offices, joint county public defender	1265
offices, and county appointed counsel systems is not sufficient to	1266
pay fifty per cent of the total cost of all of the offices and	1267
systems, for the lesser amount required by section 120.34 of the	1268
Revised Code. For the purposes of this section, "total cost" means	1269
total expenses minus costs and expenses reimbursable under section	1270
120.35 of the Revised Code and any funds received by the county	1271
public defender commission pursuant to a contract, except a	1272
contract entered into with a municipal corporation or township	1273
pursuant to division (E) of section 120.14 of the Revised Code,	1274
gift, or grant.	1275

(B) If the county public defender fails to maintain the	1276
standards for the conduct of the office established by rules of	1277
the Ohio public defender commission pursuant to divisions (B) and	1278
(C) of section 120.03 or the standards established by the state	1279
public defender pursuant to division (B)(7) of section 120.04 of	1280
the Revised Code, the Ohio public defender commission shall notify	1281
the county public defender commission and the board of county	1282
commissioners of the county that the county public defender has	1283
failed to comply with its rules or the standards of the state	1284
public defender. Unless the county public defender commission or	1285
the county public defender corrects the conduct of the county	1286
public defender's office to comply with the rules and standards	1287
within ninety days after the date of the notice, the state public	1288
defender may deny payment of all or part of the county's	1289
reimbursement from the state provided for in division (A) of this	1290
section.	1291

Sec. 120.24. (A)(1) Except as provided in division (A)(2) of	1292
this section, the joint county public defender commission shall	1293
appoint the joint county public defender and may remove ~~him~~the	1294
joint county public defender from office only for good cause.	1295

(2) If a joint county public defender commission contracts	1296
with the state public defender or with one or more nonprofit	1297
organizations for the state public defender or the organizations	1298
to provide all of the services that the joint county public	1299
defender is required or permitted to provide by this chapter, the	1300
commission shall not appoint a joint county public defender.	1301

(B) The commission shall determine the qualifications and	1302
size of the supporting staff and facilities and other requirements	1303
needed to maintain and operate the office.	1304

(C) In administering the office of joint county public	1305
defender, the commission shall:	1306

(1) Recommend to the boards of county commissioners in the	1307
district an annual operating budget which is subject to the	1308
review, amendment, and approval of the boards of county	1309
commissioners in the district;	1310

(2)(a) Make an annual report to the boards of county	1311
commissioners in the district and the Ohio public defender	1312
commission on the operation of the public defender's office,	1313
including complete and detailed information on finances and costs	1314
that separately states costs and expenses that are reimbursable	1315
under section 120.35 of the Revised Code, and such other data and	1316
information requested by the state public defender;	1317

(b) Make monthly reports relating to reimbursement and	1318
associated case data pursuant to the rules of the Ohio public	1319
defender commission to the boards of county commissioners in the	1320
district and the Ohio public defender commission on the total	1321
costs of the public defender's office.	1322

(3) Cooperate with the Ohio public defender commission in	1323
maintaining the standards established by rules of the Ohio public	1324
defender commission pursuant to divisions (B) and (C) of section	1325
120.03 of the Revised Code, and cooperate with the state public	1326
defender in ~~his~~the state public defender's programs providing	1327
technical aid and assistance to county systems.	1328

(D) The commission may accept the services of volunteer	1329
workers and consultants at no compensation except reimbursement	1330
for actual and necessary expenses.	1331

(E) The commission may contract with any municipal	1332
corporation or township, within the counties served by the joint	1333
county public defender, for the joint county public defender to	1334
provide legal representation for indigent persons who are charged	1335
with a violation of the ordinances of the municipal corporation or	1336
resolutions of the township.	1337

(F) A joint county public defender commission, with the	1338
approval of each participating board of county commissioners	1339
regarding all provisions that pertain to the financing of defense	1340
counsel for indigent persons, may contract with the state public	1341
defender or with any nonprofit organization, the primary purpose	1342
of which is to provide legal representation to indigent persons,	1343
for the state public defender or the organization to provide all	1344
or any part of the services that a joint county public defender is	1345
required or permitted to provide by this chapter. A contract	1346
entered into pursuant to this division may provide for payment for	1347
the services provided on a per case, hourly, or fixed contract	1348
basis. The state public defender and any nonprofit organization	1349
that contracts with a joint county public defender commission	1350
pursuant to this division shall do all of the following:	1351

(1) Comply with all standards established by the rules of the	1352
Ohio public defender commission;	1353

(2) Comply with all standards established by the Ohio public	1354
defender;	1355

(3) Comply with all statutory duties and other laws	1356
applicable to joint county public defenders.	1357

Sec. 120.25. (A) The joint county public defender shall be	1358
appointed by the joint county public defender commission for a	1359
term not to exceed four years. HeThe joint county public defender	1360
shall be an attorney with a minimum of two years experience in the	1361
practice of law and be admitted to the practice of law in Ohio at	1362
least one year prior to ~~his~~ appointment.	1363

(B) In carrying out the responsibilities and performing the	1364
duties of ~~his~~ office, the joint county public defender shall:	1365

(1) Maintain an office, approved by the commission, provided	1366
with a library of adequate size, considering the needs of the	1367
office and the accessibility of other libraries, and other	1368
necessary facilities and equipment;	1369

(2) Keep and maintain financial records of all cases handled	1370
and develop records for use in the calculation of direct and	1371
indirect costs in the operation of the office, and report monthly	1372
pursuant to the rules of the Ohio public defender commission to	1373
the joint county defender commission and to the Ohio public	1374
defender commission on all relevant data on the operations of the	1375
office, costs, projected needs, and recommendations for	1376
legislation or amendments to court rules, as may be appropriate to	1377
improve the criminal justice system;	1378

(3) Collect all moneys due from contracts with municipal	1379
corporations and townships or for reimbursement for legal services	1380
under this chapter and institute such actions in court for the	1381
collection of such sums as hethe public defender considers	1382
advisable. The public defender shall pay into the treasury of each	1383
county in the district, to the credit of the general revenue fund,	1384
the county's proportionate share of all moneys collected or	1385
received by ~~him~~the public defender.	1386

(4) Appoint assistant joint county public defenders and all	1387
other personnel necessary to the functioning of the joint county	1388
public defender office, subject to the authority of the joint	1389
county public defender commission to determine the size and	1390
qualifications of the staff pursuant to division (B) of section	1391
120.24 of the Revised Code. All assistant joint county public	1392
defenders shall be admitted to the practice of law in Ohio, and	1393
may be appointed on a full or part-time basis.	1394

(C) The joint county public defender may exercise the rights	1395
authorized in division (C) of section 120.04 of the Revised Code.	1396

(D) The joint county public defender shall determine	1397
indigency of persons, subject to review by the court, in the same	1398
manner as provided in section 120.05 of the Revised Code. Each	1399
monthly report submitted to the board of county commissioners and	1400
the state public defender shall include a certification by the	1401
joint county public defender that all persons provided	1402
representation by the joint county public defender's office during	1403
the month covered by the report were indigent under the standards	1404
of the Ohio public defender commission.	1405

Sec. 120.26. (A)(1) The joint county public defender shall	1406
provide legal representation to indigent adults and juveniles who	1407
are charged with the commission of an offense or act that is a	1408
violation of a state statute and for which the penalty or any	1409
possible adjudication includes the potential loss of liberty and	1410
in postconviction proceedings as defined in this section.	1411

(2) The joint county public defender may provide legal	1412
representation to indigent adults and juveniles charged with the	1413
violation of an ordinance of a municipal corporation or resolution	1414
of a township for which the penalty or any possible adjudication	1415
includes the potential loss of liberty, if the joint county public	1416
defender commission has contracted with the municipal corporation	1417
or township to provide legal representation for indigent persons	1418
charged with a violation of an ordinance of the municipal	1419
corporation or resolution of the township.	1420

(B) The joint county public defender shall provide the legal	1421
representation authorized by division (A) of this section at every	1422
stage of the proceedings following arrest, detention, service of	1423
summons, or indictment.	1424

(C) The joint county public defender may request the Ohio	1425
public defender to prosecute any appeal or other remedy before or	1426
after conviction that the joint county public defender decides is	1427
in the interests of justice and may provide legal representation	1428
in parole and probation revocation matters and matters relating to	1429
the revocation of community control or post-release control under	1430
a community control sanction or post-release control sanction.	1431

(D) The joint county public defender shall not be required to	1432
prosecute any appeal, postconviction remedy, or other proceeding,	1433
unless the joint county public defender is first satisfied that	1434
there is arguable merit to the proceeding.	1435

(E) Nothing in this section shall prevent a court from	1436
appointing counsel other than the joint county public defender or	1437
from allowing an indigent person to select the indigent person's	1438
own personal counsel to represent the indigent person. A court may	1439
also appoint counsel or allow an indigent person to select the	1440
indigent person's own personal counsel to assist the joint county	1441
public defender as co-counsel when the interests of justice so	1442
require.	1443

(F) Information as to the right to legal representation by	1444
the joint county public defender or assigned counsel shall be	1445
afforded to an accused person immediately upon arrest, when	1446
brought before a magistrate, or when formally charged, whichever	1447
occurs first.	1448

(G) If a court appoints the office of the joint county public	1449
defender to represent a petitioner in a postconviction relief	1450
proceeding under section 2953.21 of the Revised Code, the	1451
petitioner has received a sentence of death, and the proceeding	1452
relates to that sentence, all of the attorneys who represent the	1453
petitioner in the proceeding pursuant to the appointment, whether	1454
an assistant joint county defender or the joint county public	1455
defender, shall be certified under Rule 20 of the Rules of	1456
Superintendence for the Courts of Ohio to represent indigent	1457
defendants charged with or convicted of an offense for which the	1458
death penalty can be or has been imposed.	1459

(H) As used in this section:

1460

(1) "Community control sanction" has the same meaning as in	1461
section 2929.01 of the Revised Code.	1462

(2) "Post-release control sanction" has the same meaning as	1463
in section 2967.01 of the Revised Code.	1464

Sec. 120.28. (A) The joint county public defender	1465
commission's report to the joint board of county commissioners	1466
shall be audited by the fiscal officer of the district. The joint	1467
board of county commissioners, after review and approval of the	1468
audited report, may then certify it to the state public defender	1469
for reimbursement. If a request for the reimbursement of any	1470
operating expenditure incurred by a joint county public defender	1471
office is not received by the state public defender within sixty	1472
days after the end of the calendar month in which the expenditure	1473
is incurred, the state public defender shall not pay the requested	1474
reimbursement, unless the joint board of county commissioners has	1475
requested, and the state public defender has granted, an extension	1476
of the sixty-day time limit. Each request for reimbursement shall	1477
include a certification by the joint county public defender that	1478
all persons provided representation by the joint county public	1479
defender's office during the period covered by the request were	1480
indigent and, for each person provided representation during that	1481
period, a financial disclosure form completed by the person on a	1482
form prescribed by the state public defender. The state public	1483
defender shall also review the report and, in accordance with the	1484
standards, guidelines, and maximums established pursuant to	1485
divisions (B)(7) and (8) of section 120.04 of the Revised Code,	1486
prepare a voucher for fifty per cent of the total cost of each	1487
joint county public defender's office for the period of time	1488
covered by the certified report and a voucher for fifty per cent	1489
of the costs and expenses that are reimbursable under section	1490
120.35 of the Revised Code, if any, or, if the amount of money	1491
appropriated by the general assembly to reimburse counties for the	1492
operation of county public defender offices, joint county public	1493
defender offices, and county appointed counsel systems is not	1494
sufficient to pay fifty per cent of the total cost of all of the	1495
offices and systems, for the lesser amount required by section	1496
120.34 of the Revised Code. For purposes of this section, "total	1497
cost" means total expenses minus costs and expenses reimbursable	1498
under section 120.35 of the Revised Code and any funds received by	1499
the joint county public defender commission pursuant to a	1500
contract, except a contract entered into with a municipal	1501
corporation or township pursuant to division (E) of section 120.24	1502
of the Revised Code, gift, or grant. Each county in the district	1503
shall be entitled to a share of such state reimbursement in	1504
proportion to the percentage of the total cost it has agreed to	1505
pay.	1506

(B) If the joint county public defender fails to maintain the	1507
standards for the conduct of the office established by the rules	1508
of the Ohio public defender commission pursuant to divisions (B)	1509
and (C) of section 120.03 or the standards established by the	1510
state public defender pursuant to division (B)(7) of section	1511
120.04 of the Revised Code, the Ohio public defender commission	1512
shall notify the joint county public defender commission and the	1513
board of county commissioners of each county in the district that	1514
the joint county public defender has failed to comply with its	1515
rules or the standards of the state public defender. Unless the	1516
joint public defender commission or the joint county public	1517
defender corrects the conduct of the joint county public	1518
defender's office to comply with the rules and standards within	1519
ninety days after the date of the notice, the state public	1520
defender may deny all or part of the counties' reimbursement from	1521
the state provided for in division (A) of this section.	1522

Sec. 120.33. (A) In lieu of using a county public defender	1523
or joint county public defender to represent indigent persons in	1524
the proceedings set forth in division (A) of section 120.16 of the	1525
Revised Code, the board of county commissioners of any county may	1526
adopt a resolution to pay counsel who are either personally	1527
selected by the indigent person or appointed by the court. The	1528
resolution shall include those provisions the board of county	1529
commissioners considers necessary to provide effective	1530
representation of indigent persons in any proceeding for which	1531
counsel is provided under this section. The resolution shall	1532
include provisions for contracts with any municipal corporation or	1533
township under which the municipal corporation or township shall	1534
reimburse the county for counsel appointed to represent indigent	1535
persons charged with violations of the ordinances of the municipal	1536
corporation or resolutions of the township.	1537

(1) In a county that adopts a resolution to pay counsel, an	1538
indigent person shall have the right to do either of the	1539
following:	1540

(a) To select the person's own personal counsel to represent	1541
the person in any proceeding included within the provisions of the	1542
resolution;	1543

(b) To request the court to appoint counsel to represent the	1544
person in such a proceeding.	1545

(2) The court having jurisdiction over the proceeding in a	1546
county that adopts a resolution to pay counsel shall, after	1547
determining that the person is indigent and entitled to legal	1548
representation under this section, do either of the following:	1549

(a) By signed journal entry recorded on its docket, enter the	1550
name of the lawyer selected by the indigent person as counsel of	1551
record;	1552

(b) Appoint counsel for the indigent person if the person has	1553
requested the court to appoint counsel and, by signed journal	1554
entry recorded on its dockets, enter the name of the lawyer	1555
appointed for the indigent person as counsel of record.	1556

(3) The board of county commissioners shall establish a	1557
schedule of fees by case or on an hourly basis to be paid to	1558
counsel for legal services provided pursuant to a resolution	1559
adopted under this section. Prior to establishing the schedule,	1560
the board of county commissioners shall request the bar	1561
association or associations of the county to submit a proposed	1562
schedule. The schedule submitted shall be subject to the review,	1563
amendment, and approval of the board of county commissioners.	1564

(4) Counsel selected by the indigent person or appointed by	1565
the court at the request of an indigent person in a county that	1566
adopts a resolution to pay counsel, except for counsel appointed	1567
to represent a person charged with any violation of an ordinance	1568
of a municipal corporation, or a resolution of a township, that	1569
has not contracted with the county commissioners for the payment	1570
of appointed counsel, shall be paid by the county and shall	1571
receive the compensation and expenses the court approves. Each	1572
request for payment shall be accompanied by a financial	1573
disclosure form and an affidavit of indigency that are completed	1574
by the indigent person on forms prescribed by the state public	1575
defender. Compensation and expenses shall not exceed the amounts	1576
fixed by the board of county commissioners in the schedule adopted	1577
pursuant to division (A)(3) of this section. No court shall	1578
approve compensation and expenses that exceed the amount fixed	1579
pursuant to division (A)(3) of this section.	1580

The fees and expenses approved by the court shall not be	1581
taxed as part of the costs and shall be paid by the county.	1582
However, if the person represented has, or may reasonably be	1583
expected to have, the means to meet some part of the cost of the	1584
services rendered to the person, the person shall pay the county	1585
an amount that the person reasonably can be expected to pay.	1586
Pursuant to section 120.04 of the Revised Code, the county shall	1587
pay to the state public defender a percentage of the payment	1588
received from the person in an amount proportionate to the	1589
percentage of the costs of the person's case that were paid to the	1590
county by the state public defender pursuant to this section. The	1591
money paid to the state public defender shall be credited to the	1592
client payment fund created pursuant to division (B)(5) of section	1593
120.04 of the Revised Code.	1594

The county auditor shall draw a warrant on the county	1595
treasurer for the payment of counsel in the amount fixed by the	1596
court, plus the expenses the court fixes and certifies to the	1597
auditor. The county auditor shall report periodically, but not	1598
less than annually, to the board of county commissioners and to	1599
the state public defender the amounts paid out pursuant to the	1600
approval of the court. The board of county commissioners, after	1601
review and approval of the auditor's report, or the county	1602
auditor, with permission from and notice to the board of county	1603
commissioners, may then certify it to the state public defender	1604
for reimbursement. The state public defender may pay a requested	1605
reimbursement only if the request for reimbursement is	1606
accompanied by a financial disclosure form and an affidavit of	1607
indigency completed by the indigent person on forms prescribed by	1608
the state public defender or if the court certifies by electronic	1609
signature as prescribed by the state public defender that a	1610
financial disclosure form and affidavit of indigency have been	1611
completed by the indigent person and are available for	1612
inspection. If a request for the reimbursement of the cost of	1613
counsel in any case is not received by the state public defender	1614
within ninety days after the end of the calendar month in which	1615
the case is finally disposed of by the court, unless the county	1616
has requested and the state public defender has granted an	1617
extension of the ninety-day limit, the state public defender	1618
shall not pay the requested reimbursement. The state public	1619
defender shall also review the report and, in accordance with the	1620
standards, guidelines, and maximums established pursuant to	1621
divisions (B)(7) and (8) of section 120.04 of the Revised Code,	1622
prepare a voucher for fifty per cent of the total cost of each	1623
county appointed counsel system in the period of time covered by	1624
the certified report and a voucher for fifty per cent of the costs	1625
and expenses that are reimbursable under section 120.35 of the	1626
Revised Code, if any, or, if the amount of money appropriated by	1627
the general assembly to reimburse counties for the operation of	1628
county public defender offices, joint county public defender	1629
offices, and county appointed counsel systems is not sufficient to	1630
pay fifty per cent of the total cost of all of the offices and	1631
systems other than costs and expenses that are reimbursable under	1632
section 120.35 of the Revised Code, for the lesser amount required	1633
by section 120.34 of the Revised Code.	1634

(5) If any county appointed counsel system fails to maintain	1635
the standards for the conduct of the system established by the	1636
rules of the Ohio public defender commission pursuant to divisions	1637
(B) and (C) of section 120.03 or the standards established by the	1638
state public defender pursuant to division (B)(7) of section	1639
120.04 of the Revised Code, the Ohio public defender commission	1640
shall notify the board of county commissioners of the county that	1641
the county appointed counsel system has failed to comply with its	1642
rules or the standards of the state public defender. Unless the	1643
board of county commissioners corrects the conduct of its	1644
appointed counsel system to comply with the rules and standards	1645
within ninety days after the date of the notice, the state public	1646
defender may deny all or part of the county's reimbursement from	1647
the state provided for in division (A)(4) of this section.	1648

(B) In lieu of using a county public defender or joint county	1649
public defender to represent indigent persons in the proceedings	1650
set forth in division (A) of section 120.16 of the Revised Code,	1651
and in lieu of adopting the resolution and following the procedure	1652
described in division (A) of this section, the board of county	1653
commissioners of any county may contract with the state public	1654
defender for the state public defender's legal representation of	1655
indigent persons. A contract entered into pursuant to this	1656
division may provide for payment for the services provided on a	1657
per case, hourly, or fixed contract basis.	1658

(C) If a court appoints an attorney pursuant to this section	1659
to represent a petitioner in a postconviction relief proceeding	1660
under section 2953.21 of the Revised Code, the petitioner has	1661
received a sentence of death, and the proceeding relates to that	1662
sentence, the attorney who represents the petitioner in the	1663
proceeding pursuant to the appointment shall be certified under	1664
Rule 20 of the Rules of Superintendence for the Courts of Ohio to	1665
represent indigent defendants charged with or convicted of an	1666
offense for which the death penalty can be or has been imposed.	1667

Sec. 120.36. (A)(1) Subject to division (A)(2), (3), (4),	1668
(5), or (6) of this section, if a person who is a defendant in a	1669
criminal case or a party in a case in juvenile court requests or	1670
is provided a state public defender, a county or joint county	1671
public defender, or any other counsel appointed by the court, the	1672
court in which the criminal case is initially filed or the	1673
juvenile court, whichever is applicable, shall assess, unless the	1674
application fee is waived or reduced, a non-refundable application	1675
fee of twenty-five dollars.	1676

The court shall direct the person to pay the application fee	1677
to the clerk of court. The person shall pay the application fee to	1678
the clerk of court at the time the person files an affidavit of	1679
indigency or a financial disclosure form with the court, a state	1680
public defender, a county or joint county public defender, or any	1681
other counsel appointed by the court or within seven days of that	1682
date. If the person does not pay the application fee within that	1683
seven-day period, the court shall assess the application fee at	1684
sentencing or at the final disposition of the case.	1685

(2) For purposes of this section, a criminal case includes	1686
any case involving a violation of any provision of the Revised	1687
Code or, of an ordinance of a municipal corporation, or of a	1688
resolution of a township for which the potential penalty includes	1689
loss of liberty and includes any contempt proceeding in which a	1690
court may impose a term of imprisonment.	1691

(3) In a juvenile court proceeding, the court shall not	1692
assess the application fee against a child if the court appoints a	1693
guardian ad litem for the child or the court appoints an attorney	1694
to represent the child at the request of a guardian ad litem.	1695

(4) The court shall not assess an application fee for a	1696
postconviction proceeding or when the defendant files an appeal.	1697

(5)(a) Except when the court assesses an application fee	1698
pursuant to division (A)(5)(b) of this section, the court shall	1699
assess an application fee when a person is charged with a	1700
violation of a community control sanction or a violation of a	1701
post-release control sanction.	1702

(b) If a charge of violating a community control sanction or	1703
post-release control sanction described in division (A)(5)(a) of	1704
this section results in a person also being charged with violating	1705
any provision of the Revised Code or, an ordinance of a municipal	1706
corporation, or a resolution of a township, the court shall only	1707
assess an application fee for the case that results from the	1708
additional charge.	1709

(6) If a case is transferred from one court to another court	1710
and the person failed to pay the application fee to the court that	1711
initially assessed the application fee, the court that initially	1712
assessed the fee shall remove the assessment, and the court to	1713
which the case was transferred shall assess the application fee.	1714

(7) The court shall assess an application fee pursuant to	1715
this section one time per case. For purposes of assessing the	1716
application fee, a case means one complete proceeding or trial	1717
held in one court for a person on an indictment, information,	1718
complaint, petition, citation, writ, motion, or other document	1719
initiating a case that arises out of a single incident or a series	1720
of related incidents, or when one individual is charged with two	1721
or more offenses that the court handles simultaneously. The court	1722
may waive or reduce the fee for a specific person in a specific	1723
case upon a finding that the person lacks financial resources that	1724
are sufficient to pay the fee or that payment of the fee would	1725
result in an undue hardship.	1726

(B) No court, state public defender, county or joint county	1727
public defender, or other counsel appointed by the court shall	1728
deny a person the assistance of counsel solely due to the person's	1729
failure to pay the application fee assessed pursuant to division	1730
(A) of this section. A person's present inability, failure, or	1731
refusal to pay the application fee shall not disqualify that	1732
person from legal representation.	1733

(C) The application fee assessed pursuant to division (A) of	1734
this section is separate from and in addition to any other amount	1735
assessed against a person who is found to be able to contribute	1736
toward the cost of the person's legal representation pursuant to	1737
division (D) of section 2941.51 of the Revised Code.	1738

(D) The clerk of the court that assessed the fees shall	1739
forward all application fees collected pursuant to this section to	1740
the county treasurer for deposit in the county treasury. The	1741
county shall retain eighty per cent of the application fees so	1742
collected to offset the costs of providing legal representation to	1743
indigent persons. Not later than the last day of each month, the	1744
county auditor shall remit twenty per cent of the application fees	1745
so collected in the previous month to the state public defender.	1746
The state public defender shall deposit the remitted fees into the	1747
state treasury to the credit of the client payment fund created	1748
pursuant to division (B)(5) of section 120.04 of the Revised Code.	1749
The state public defender may use that money in accordance with	1750
that section.	1751

(E) On or before the twentieth day of each month beginning in	1752
February of the year 2007, each clerk of court shall provide to	1753
the state public defender a report including all of the following:	1754

(1) The number of persons in the previous month who requested	1755
or were provided a state public defender, county or joint county	1756
public defender, or other counsel appointed by the court;	1757

(2) The number of persons in the previous month for whom the	1758
court waived the application fee pursuant to division (A) of this	1759
section;	1760

(3) The dollar value of the application fees assessed	1761
pursuant to division (A) of this section in the previous month;	1762

(4) The amount of assessed application fees collected in the	1763
previous month;	1764

(5) The balance of unpaid assessed application fees at the	1765
open and close of the previous month.	1766

(F) As used in this section:

1767

(1) "Clerk of court" means the clerk of the court of common	1768
pleas of the county, the clerk of the juvenile court of the	1769
county, the clerk of the domestic relations division of the court	1770
of common pleas of the county, the clerk of the probate court of	1771
the county, the clerk of a municipal court in the county, the	1772
clerk of a county-operated municipal court, or the clerk of a	1773
county court in the county, whichever is applicable.	1774

(2) "County-operated municipal court" has the same meaning as	1775
in section 1901.03 of the Revised Code.	1776

Sec. 309.08. (A) The prosecuting attorney may inquire into	1777
the commission of crimes within the county. The prosecuting	1778
attorney shall prosecute, on behalf of the state, all complaints,	1779
suits, and controversies in which the state is a party, except for	1780
those required to be prosecuted by a special prosecutor pursuant	1781
to section 177.03 of the Revised Code or by the attorney general	1782
pursuant to section 109.83 of the Revised Code, and other suits,	1783
matters, and controversies that the prosecuting attorney is	1784
required to prosecute within or outside the county, in the probate	1785
court, court of common pleas, and court of appeals. In conjunction	1786
with the attorney general, the prosecuting attorney shall	1787
prosecute in the supreme court cases arising in the prosecuting	1788
attorney's county, except for those cases required to be	1789
prosecuted by a special prosecutor pursuant to section 177.03 of	1790
the Revised Code or by the attorney general pursuant to section	1791
109.83 of the Revised Code.	1792

In every case of conviction, the prosecuting attorney	1793
forthwith shall cause execution to be issued for the fine and	1794
costs, or costs only, as the case may be, and faithfully shall	1795
urge the collection until it is effected or found to be	1796
impracticable to collect. The prosecuting attorney forthwith shall	1797
pay to the county treasurer all moneys belonging to the state or	1798
county which come into the prosecuting attorney's possession.	1799

The prosecuting attorney or an assistant prosecuting attorney	1800
of a county may participate, as a member of the investigatory	1801
staff of an organized crime task force established under section	1802
177.02 of the Revised Code that has jurisdiction in that county,	1803
in an investigation of organized criminal activity under sections	1804
177.01 to 177.03 of the Revised Code.	1805

(B) The prosecuting attorney may pay a reward to a person who	1806
has volunteered any tip or information to a law enforcement agency	1807
in the county concerning a drug-related offense that is planned to	1808
occur, is occurring, or has occurred, in whole or in part, in the	1809
county. The prosecuting attorney may provide for the payment, out	1810
of the following sources, of rewards to a person who has	1811
volunteered tips and information to a law enforcement agency in	1812
the county concerning a drug-related offense that is planned to	1813
occur, is occurring, or has occurred, in whole or in part, in the	1814
county:	1815

(1) The law enforcement trust fund established by the	1816
prosecuting attorney pursuant to division (C)(1) of section	1817
2981.13 of the Revised Code;	1818

(2) The portion of any mandatory fines imposed pursuant to	1819
divisions (B)(1) and (2) of section 2929.18 or Chapter 2925. of	1820
the Revised Code that is paid to the prosecuting attorney pursuant	1821
to that division or chapter, the portion of any additional fines	1822
imposed under division (A) of section 2929.18 of the Revised Code	1823
that is paid to the prosecuting attorney pursuant to that	1824
division, or the portion of any fines imposed pursuant to division	1825
(A) of section 2925.42 of the Revised Code that is paid to the	1826
prosecuting attorney pursuant to division (B) of that section;	1827

(3) The furtherance of justice fund allowed to the	1828
prosecuting attorney under section 325.12 of the Revised Code or	1829
any additional funds allowed to the prosecuting attorney under	1830
section 325.13 of the Revised Code;	1831

(4) Any other moneys lawfully in the possession or control of	1832
the prosecuting attorney.	1833

(C) As used in division (B) of this section, "drug-related	1834
offense" means any violation of Chapter 2925. or 3719. of the	1835
Revised Code or, any violation of a municipal ordinance that is	1836
substantially equivalent to any section in either of those	1837
chapters, or any violation of a township resolution that is	1838
substantially equivalent to any section in Chapter 2925. of the	1839
Revised Code.	1840

Sec. 341.23. (A) The board of county commissioners of any	1841
county or the legislative authority of any municipal corporation	1842
or township in which there is no workhouse may agree with the	1843
legislative authority of any municipal corporation or other	1844
authority having control of the workhouse of any other city, or	1845
with the directors of any district of a joint city and county	1846
workhouse or county workhouse, upon terms on which persons	1847
convicted of a misdemeanor by any court or magistrate of a county	1848
or, municipal corporation, or township having no workhouse, may be	1849
received into that workhouse, under sentence of the court or	1850
magistrate. The board or legislative authority may pay the	1851
expenses incurred under the agreement out of the general fund of	1852
that county or, municipal corporation, or township, upon the	1853
certificate of the proper officer of the workhouse.	1854

(B) The sheriff or other officer transporting any person to	1855
the workhouse described in division (A) of this section shall	1856
receive six cents per mile for the sheriff or officer, going and	1857
returning, five cents per mile for transporting the convict, and	1858
five cents per mile, going and coming, for the service of each	1859
deputy, to be allowed as in cases in which a person is transported	1860
to a state correctional institution. The number of miles shall be	1861
computed by the usual routes of travel and, in state cases, shall	1862
be paid out of the general fund of the county, on the allowance of	1863
the board, and for the violation of the ordinances of any	1864
municipal corporation,or resolutions of any township shall be	1865
paid by that municipal corporation or township on the order of its	1866
legislative authority.	1867

(C) Pursuant to section 2929.37 of the Revised Code, the	1868
board of county commissioners, the directors of the district of a	1869
joint city and county workhouse or county workhouse, or the	1870
legislative authority of the municipal corporation may require a	1871
person who was convicted of an offense and who is confined in a	1872
workhouse as provided in division (A) of this section, to	1873
reimburse the county, district, or municipal corporation, as the	1874
case may be, for its expenses incurred by reason of the person's	1875
confinement.	1876

(D) Notwithstanding any contrary provision in this section or	1877
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	1878
appropriate board of county commissioners and legislative	1879
authorities may include in their agreement entered into under	1880
division (A) of this section a policy that complies with section	1881
2929.38 of the Revised Code and that requires any person who is	1882
not indigent and who is confined in the county, city, district, or	1883
joint city and county workhouse under this section to pay a	1884
reception fee, a fee for any medical treatment or service	1885
requested by and provided to that person, or the fee for a random	1886
drug test assessed under division (E) of section 341.26 of the	1887
Revised Code.	1888

(E) If a person who has been convicted of or pleaded guilty	1889
to an offense is incarcerated in the workhouse as provided in	1890
division (A) of this section, at the time of reception and at	1891
other times the person in charge of the operation of the workhouse	1892
determines to be appropriate, the person in charge of the	1893
operation of the workhouse may cause the convicted offender to be	1894
examined and tested for tuberculosis, HIV infection, hepatitis,	1895
including but not limited to hepatitis A, B, and C, and other	1896
contagious diseases. The person in charge of the operation of the	1897
workhouse may cause a convicted offender in the workhouse who	1898
refuses to be tested or treated for tuberculosis, HIV infection,	1899
hepatitis, including but not limited to hepatitis A, B, and C, or	1900
another contagious disease to be tested and treated involuntarily.	1901

Sec. 341.33. Imprisonment under the ordinances of a	1902
municipal corporation~~, in addition to the manner provided for in~~	1903
~~section 1905.35 of the Revised Code,~~ may be in a county	1904
rehabilitation work camp, provided an agreement for the use of	1905
~~such~~the camp has been entered into between the board of county	1906
commissioners of the county wherein ~~such~~the camp is located and	1907
the legislative authority of ~~such~~the municipal corporation.	1908

Sec. 503.44. If a board of township trustees has adopted a	1909
resolution under section 503.41 of the Revised Code, it shall deny	1910
any application for a permit to operate a massage establishment or	1911
revoke a previously issued permit, for any of the following	1912
reasons:	1913

(A) Falsification of any of the information required for the	1914
application or failure to fully complete the application;	1915

(B) Failure to cooperate with any required health or safety	1916
inspection;	1917

(C) Any one of the persons named on the application is under	1918
the age of eighteen;	1919

(D) Any one of the persons named on the application has been	1920
convicted of or pleaded guilty to any violation of Chapter 2907.	1921
of the Revised Code, or any violation of any municipal ordinance	1922
or township resolution that is substantially equivalent to any	1923
offense contained in Chapter 2907. of the Revised Code, within	1924
five years preceding the application;	1925

(E) Any ~~masseur or masseuse~~massager employed at the licensed	1926
massage establishment has been convicted of or pleaded guilty to a	1927
violation of division (D) of section 503.42 of the Revised Code.	1928

Sec. 503.46. If a board of township trustees has adopted a	1929
resolution under section 503.41 of the Revised Code, it shall deny	1930
the application for a ~~masseur or masseuse~~massager license or	1931
revoke a previously issued license for any of the following	1932
reasons:	1933

(A) Falsification of any of the information required for the	1934
application or failure to fully complete the application;	1935

(B) The applicant is under the age of twenty-one.

1936

(C) The applicant has been convicted of or pleaded guilty to	1937
any violation of Chapter 2907. of the Revised Code, or violation	1938
of any municipal ordinance or township resolution that is	1939
substantially equivalent to any offense contained in Chapter 2907.	1940
of the Revised Code, within five years preceding the application.	1941

(D) The applicant has been convicted of or pleaded guilty to	1942
a violation of division (D) of section 503.42 of the Revised Code.	1943

Sec. 504.04. (A) A township that adopts a limited home rule	1944
government may do all of the following by resolution, provided	1945
that in a township that does not have a community court any of	1946
these resolutions, other than a resolution to supply water or	1947
sewer services in accordance with sections 504.18 to 504.20 of the	1948
Revised Code, may be enforced only by the imposition of civil	1949
fines as authorized in this chapter:	1950

(1) Exercise all powers of local self-government within the	1951
unincorporated area of the township, other than powers that are in	1952
conflict with general laws, except that the township shall comply	1953
with the requirements and prohibitions of this chapter, and shall	1954
enact no taxes other than those authorized by general law, and	1955
except that no resolution adopted pursuant to this chapter shall	1956
encroach upon the powers, duties, and privileges of elected	1957
township officers or change, alter, combine, eliminate, or	1958
otherwise modify the form or structure of the township government	1959
unless the change is required or permitted by this chapter;	1960

(2) Adopt and enforce within the unincorporated area of the	1961
township local police, sanitary, and other similar regulations	1962
that are not in conflict with general laws or otherwise prohibited	1963
by division (B) of this section;	1964

(3) Supply water and sewer services to users within the	1965
unincorporated area of the township in accordance with sections	1966
504.18 to 504.20 of the Revised Code;	1967

(4) Adopt and enforce within the unincorporated area of the	1968
township any resolution of a type described in section 503.52 or	1969
503.60 of the Revised Code.	1970

(B) No resolution adopted pursuant to this chapter shall do	1971
any of the following:	1972

(1) ~~Create~~In a township that does not have a community	1973
court, create a criminal offense or impose criminal penalties,	1974
except as authorized by division (A) of this section or by section	1975
503.52 of the Revised Code;	1976

(2) Impose civil fines other than as authorized by this	1977
chapter;	1978

(3) Establish or revise subdivision regulations, road	1979
construction standards, urban sediment rules, or storm water and	1980
drainage regulations, except as provided in section 504.21 of the	1981
Revised Code;	1982

(4) Establish or revise building standards, building codes,	1983
and other standard codes except as provided in section 504.13 of	1984
the Revised Code;	1985

(5) Increase, decrease, or otherwise alter the powers or	1986
duties of a township under any other chapter of the Revised Code	1987
pertaining to agriculture or the conservation or development of	1988
natural resources;	1989

(6) Establish regulations affecting hunting, trapping,	1990
fishing, or the possession, use, or sale of firearms;	1991

(7) Establish or revise water or sewer regulations, except in	1992
accordance with section 504.18, 504.19, or 504.21 of the Revised	1993
Code.	1994

Nothing in this chapter shall be construed as affecting the	1995
powers of counties with regard to the subjects listed in divisions	1996
(B)(3) to (5) of this section.	1997

(C) Under a limited home rule government, all officers shall	1998
have the qualifications, and be nominated, elected, or appointed,	1999
as provided in Chapter 505. of the Revised Code, except that the	2000
board of township trustees shall appoint a full-time or part-time	2001
law director pursuant to section 504.15 of the Revised Code, and	2002
except that a five-member board of township trustees approved for	2003
the township before September 26, 2003, shall continue to serve as	2004
the legislative authority with successive members serving for	2005
four-year terms of office until a termination of a limited home	2006
rule government under section 504.03 of the Revised Code.	2007

(D) In case of conflict between resolutions enacted by a	2008
board of township trustees and municipal ordinances or	2009
resolutions, the ordinance or resolution enacted by the municipal	2010
corporation prevails. In case of conflict between resolutions	2011
enacted by a board of township trustees and any county resolution,	2012
the resolution enacted by the board of township trustees prevails.	2013

(E) The board of trustees of a township that has a community	2014
court established under division (B) or (C) of section 1905.43 of	2015
the Revised Code may adopt resolutions that create criminal	2016
offenses that are substantially equivalent to offenses contained	2017
in Title XXIX or Title XLV of the Revised Code and that impose	2018
criminal penalties for those offenses to the same extent as the	2019
legislative authority of a municipal corporation. The board of	2020
trustees may not provide for both a criminal penalty and a civil	2021
fine for a violation of a resolution.	2022

Sec. 504.05. The board of township trustees may impose a	2023
civil fine for a violation of a resolution that is adopted	2024
pursuant to this chapter,and that does not create a criminal	2025
offense and may graduate the amount of the fine based on the	2026
number of previous violations of the resolution. No fine shall	2027
exceed one thousand dollars. Any resolution that imposes a fine	2028
shall clearly state the amount of the fine for the first and for	2029
subsequent violations.	2030

Sec. 504.06. (A) Peace officers serving the township	2031
pursuant to section 504.16 of the Revised Code may issue citations	2032
to persons who violate township resolutions that are adopted	2033
pursuant to this chapter and that are enforced by the imposition	2034
of civil fines. Each citation shall contain provisions that:	2035

(1) Advise the person upon whom it is served that the person	2036
must answer in relation to the violation charged in the citation	2037
within fourteen days after the citation is served upon the person;	2038

(2) Indicate the allowable answers that may be made and that	2039
the person will be afforded a court hearing if the person denies	2040
in the person's answer having committed the violation;	2041

(3) Specify that the answer must be made in person or by mail	2042
to the township fiscal officer;	2043

(4) Indicate the amount of the fine that arises from the	2044
violation.	2045

(B) A peace officer who issues a citation for a violation of	2046
a township resolution that is enforced by the imposition of a	2047
civil fine shall complete the citation by identifying the	2048
violation charged and by indicating the date, time, and place of	2049
the violation charged. The officer shall sign the citation, affirm	2050
the facts that it contains, and without unnecessary delay file the	2051
original citation with the court having jurisdiction over the	2052
violation. A copy of a citation issued pursuant to this section	2053
shall be served pursuant to the Rules of Civil Procedure upon the	2054
person who violated the resolution. No peace officer is entitled	2055
to receive witness fees in a cause prosecuted under a township	2056
resolution adopted pursuant to this chapter.	2057

Sec. 504.08. To enforce a township resolution that is	2058
adopted under this chapter and that may be enforced by the	2059
imposition of a civil fine, a board of township trustees may	2060
authorize the township law director to do any of the following:	2061

(A) File for injunctive relief if the violation of the	2062
resolution is a matter of health or safety;	2063

(B) File for a lien upon the property of a violator if the	2064
violation relates to the use of the property and if the violator	2065
has failed to pay a fine imposed pursuant to section 504.07 of the	2066
Revised Code within ten days after the judgment imposing the fine	2067
has become final. The unpaid fine shall be entered on the tax	2068
duplicate and is a lien upon the property from and after the date	2069
of entry and shall be collected as other taxes, returned to the	2070
township, and placed in the township general fund.	2071

(C) Take any measure for the collection of an unpaid money	2072
judgment that is authorized by division (D) of section 504.07 of	2073
the Revised Code.	2074

Sec. 504.15. (A) Unless the board of township trustees acts	2075
as authorized by division (B) of this section, in each township	2076
that adopts the limited self-government form of township	2077
government, the board of township trustees shall appoint a	2078
full-time or part-time township law director, who shall be an	2079
attorney licensed to practice law in this state. The board of	2080
township trustees shall set the salary of the township law	2081
director. The township law director shall be the legal advisor to	2082
the board of township trustees, the township administrator, and	2083
all other township officers, and any of them may require written	2084
opinions or instructions from the township law director in matters	2085
connected with their official duties. Subject to division (E) of	2086
section 503.52 of the Revised Code, the township law director	2087
shall prosecute and defend all suits and actions that any such	2088
officer or board directs or to which an officer or board is a	2089
party, and the township law director shall prosecute any violation	2090
of a township resolution, as provided in this chapter. The	2091
township law director shall review all resolutions as to form	2092
prior to their introduction by a township trustee. Additional	2093
legal counsel may be employed as provided in division (B) of	2094
section 309.09 of the Revised Code.	2095

(B) The board of township trustees may enter into a contract	2096
with the prosecuting attorney of the county to have the	2097
prosecuting attorney serve as the township law director, with the	2098
consent of the board of county commissioners.	2099

(C) Nothing in this section confers any of the powers or	2100
duties of a prosecuting attorney under section 309.08 of the	2101
Revised Code upon a township law director.	2102

(D) Nothing in this section limits or affects the operation	2103
of division (E) of section 503.52 of the Revised Code.	2104

(E) The township law director of an urban township, or the	2105
prosecuting attorney of the county pursuant to a contract entered	2106
into under division (B) of this section, shall prosecute persons	2107
who violate resolutions that are adopted under section 504.04 of	2108
the Revised Code and that create criminal offenses. If the board	2109
of township trustees of an urban township has not entered into a	2110
contract under division (B) of this section for the prosecution of	2111
persons who violate resolutions that create criminal offenses, the	2112
board may enter into a contract with the chief legal officer of a	2113
municipal corporation with which the township has created a	2114
community court by contract for the prosecution of persons who	2115
violate resolutions that are adopted under section 504.04 of the	2116
Revised Code and that create criminal offenses.	2117

Sec. 705.14. Except as otherwise provided in section 705.53	2118
of the Revised Code, at the first meeting following each regular	2119
municipal election, the legislative authority of a municipal	2120
corporation shall elect one of its members as ~~chairman~~chairperson	2121
and one other member as ~~vice-chairman~~vice-chairperson. The	2122
~~chairman~~chairperson shall preside at meetings of the legislative	2123
authority and perform ~~such~~any duties asthat are imposed upon ~~him~~	2124
the chairperson, as presiding officer, by the legislative	2125
authority. ~~In municipal corporations in which a municipal court is~~	2126
~~not otherwise provided, the chairman shall perform all of the~~	2127
~~general duties provided in section 733.30 of the Revised Code,~~	2128
~~shall have such jurisdiction as is provided by section 1905.20 of~~	2129
~~the Revised Code, and shall be styled "police justice" in the~~	2130
~~performance of all judicial duties, and in such style he shall~~	2131
~~sign all processes and judicial records during the time he serves.~~	2132
~~He shall keep a docket in which he shall enter all cases brought~~	2133
~~before him. Such docket shall be provided by and be the property~~	2134
~~of the municipal corporation. At the end of each month, such~~	2135
~~police justice shall make a report to the legislative authority of~~	2136
~~all cases brought before him.~~	2137

When the ~~chairman~~chairperson of the legislative authority or	2138
~~police justice~~ is absent from the municipal corporation, or is	2139
unable to perform ~~his~~official duties, or in case of death,	2140
resignation, or removal, the ~~vice-chairman~~vice-chairperson shall	2141
act as ~~chairman~~chairperson and perform all of the duties provided	2142
for ~~chairman and police justice~~the chairperson, pending any	2143
future meeting of the legislative authority at which it may select	2144
one of its members, who has been elected as provided in sections	2145
705.31 and 705.32 of the Revised Code, to become the ~~chairman and~~	2146
~~police justice~~chairperson for the period of time that ~~such~~	2147
~~chairman~~the chairperson is absent from the municipal corporation,	2148
or is incapacitated for any cause, or in the event of ~~his~~ death,	2149
resignation, or removal. The member so selected shall become the	2150
~~chairman~~chairperson of the legislative authority ~~and police~~	2151
~~justice~~ for the unexpired term.	2152

Sec. 705.55. The powers conferred upon municipal	2153
corporations by the Ohio Constitution and any additional powers	2154
conferred upon municipal corporations by the general assembly,	2155
shall be exercised by the council, unless the exercise of such	2156
powers is expressly conferred upon some other authority of the	2157
municipal corporation or reserved to the people ~~thereof~~of the	2158
municipal corporation. ~~In municipal corporations in which a~~	2159
~~municipal court is not provided by law, each councilman may~~	2160
~~perform all of the general duties of mayors, as provided in~~	2161
~~section 733.30 of the Revised Code, and shall have such~~	2162
~~jurisdiction as is provided by section 1905.20 of the Revised~~	2163
~~Code. The member of council elected chairman shall perform all~~	2164
~~judicial functions.~~	2165

Sec. 733.40. Except as otherwise provided in section	2166
4511.193 of the Revised Code, all fines, forfeitures, and costs in	2167
ordinance cases and all fees that are collected by the mayor or by	2168
the clerk of the community court of a municipal corporation, that	2169
in any manner come into the mayor's hands, or that are due the	2170
mayor or a marshal, chief of police, or other officer of the	2171
municipal corporation, any other fees and expenses that have been	2172
advanced out of the treasury of the municipal corporation, and	2173
all money received by the mayor for the use of the municipal	2174
corporation shall be paid by the mayor or by the clerk of the	2175
community court into the treasury of the municipal corporation on	2176
the first Monday of each month. At the first regular meeting of	2177
the legislative authority each month, the mayor and the clerk of	2178
the community court shall submit a full statement of all money	2179
received, from whom and for what purposes received, and when paid	2180
into the treasury. Except as otherwise provided by sections	2181
3375.50 to 3375.52 or 4511.19 of the Revised Code, all fines, and	2182
forfeitures collected by the ~~mayor~~clerk of the community court	2183
in state cases, together with all fees and expenses collected	2184
that have been advanced out of the county treasury, shall be paid	2185
by the ~~mayor~~clerk to the county treasury on the first business	2186
day of each month. Except as otherwise provided by sections	2187
3375.50 to 3375.52 or 4511.19 of the Revised Code, the ~~mayor~~clerk	2188
of the community court shall pay all court costs and fees	2189
collected by the ~~mayor~~clerk in state cases into the municipal	2190
treasury on the first business day of each month.	2191

This section does not apply to fines collected by a ~~mayor's~~	2192
clerk of a community court for violations of division (B) of	2193
section 4513.263 of the Revised Code, or for violations of any	2194
municipal ordinance that is substantively comparable to that	2195
division, all of which shall be forwarded to the treasurer of	2196
state as provided in division (E) of section 4513.263 of the	2197
Revised Code.	2198

Sec. 733.44. The treasurer of a municipal corporation shall	2199
demand and receive, from the county treasurer, taxes levied and	2200
assessments made and certified to the county auditor by the	2201
legislative authority of ~~such~~the municipal corporation and placed	2202
on the tax list by ~~such~~the county auditor for collection, moneys,	2203
from persons authorized to collect or required to pay them,	2204
accruing to the municipal corporation from any judgments, fines,	2205
penalties, forfeitures, licenses, costs taxed in ~~mayor's~~community	2206
court, and debts due the municipal corporation. Such funds shall	2207
be disbursed by the treasurer on the order of any person	2208
authorized by law or ordinance to issue orders therefor.	2209

Sec. 733.51. The city director of law shall prepare all	2210
contracts, bonds, and other instruments in writing in which the	2211
city is concerned, and shall serve the several directors and	2212
officers provided in Title VII of the Revised Code as legal	2213
counsel and attorney.	2214

The director of law shall be prosecuting attorney of the	2215
~~mayor's~~community court. When the legislative authority of the	2216
city allows assistants to the director of law, hethe director of	2217
law may designate the assistants to act as prosecuting attorneys	2218
of the ~~mayor's~~community court. The person designated shall be	2219
subject to the approval of the legislative authority.	2220

Sec. 733.52. The city director of law as prosecuting	2221
attorney of the ~~mayor's~~community court shall prosecute all cases	2222
brought before the court, and shall perform the same duties, as	2223
far as they are applicable ~~thereto~~to the city director of law, as	2224
required of the prosecuting attorney of the county.	2225

The director of law or the assistants whom hethe director of	2226
law designates to act as prosecuting attorneys of the ~~mayor's~~	2227
community court shall receive ~~such~~the compensation for the	2228
service provided by this section asthat the legislative authority	2229
of the city prescribes, and ~~such~~any additional compensation as	2230
that the board of county commissioners allows.	2231

~~Sec. 1905.29.~~ Sec. 737.34. (A) The mayor of a municipal	2232
corporation has within the corporate limits all the powers	2233
conferred upon sheriffs to suppress disorder and keep the peace.	2234

(B) The mayor of a municipal corporation, and, in ~~his~~the	2235
mayor's absence, the president of the legislative authority of the	2236
municipal corporation, may grant to officials of adjoining or	2237
contiguous townships the temporary use of the municipal	2238
corporation prison, station house, or watchhouse to confine	2239
criminals or other persons dangerous to the peace of the	2240
community, until they can be ~~safety~~safely removed to the county	2241
jail, or other place of security.	2242

Sec. 743.14. All ordinances, except those relative to	2243
taxation or assessment, resolutions, rules, and regulations	2244
relative to the construction, maintenance, and operation of water	2245
works, mains, hydrants, and service pipes and connections, and the	2246
protection ~~thereof~~of water works, mains, hydrants, and service	2247
pipes and connections, shall operate in a similar manner in the	2248
territory outside the municipal corporation when the extensions	2249
mentioned in sections 743.12 and 743.13 of the Revised Code have	2250
been made, and for the enforcement thereof the jurisdiction of the	2251
~~mayor~~community court, if the municipal corporation has a	2252
community court, and police shall extend into and over such	2253
territory.	2254

Sec. 753.02. (A) The legislative authority of a municipal	2255
corporation shall provide by ordinance for sustaining all persons	2256
sentenced to or confined in a prison or station house at the	2257
expense of the municipal corporation, and in counties where	2258
prisons or station houses are in quarters leased from the board of	2259
county commissioners, may contract with the board for the care and	2260
maintenance of those persons by the sheriff or other person	2261
charged with the care and maintenance of county prisoners. On the	2262
presentation of bills for food, sustenance, and necessary	2263
supplies, to the proper officer, certified by the person whom the	2264
legislative authority designates, the officer shall audit the	2265
bills under the rules prescribed by the legislative authority, and	2266
draw the officer's order on the treasurer of the municipal	2267
corporation in favor of the person presenting the bill.	2268

(B) Pursuant to section 2929.37 of the Revised Code, the	2269
legislative authority of the municipal corporation may require a	2270
person who was convicted of an offense and who is confined in a	2271
prison or station house as provided in division (A) of this	2272
section, or a person who was convicted of an offense and who is	2273
confined in the county jail as provided in division (A) of section	2274
~~1905.35~~1905.57 of the Revised Code, to reimburse the municipal	2275
corporation for its expenses incurred by reason of the person's	2276
confinement.	2277

(C) Notwithstanding any contrary provision in this section or	2278
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	2279
legislative authority of the municipal corporation may establish a	2280
policy that complies with section 2929.38 of the Revised Code and	2281
that requires any person who is not indigent and who is confined	2282
in a prison or station house to pay a reception fee, a fee for any	2283
medical treatment or service requested by and provided to that	2284
person, or the fee for a random drug test assessed under division	2285
(E) of section 753.33 of the Revised Code.	2286

(D) If a person who has been convicted of or pleaded guilty	2287
to an offense is sentenced to a term of imprisonment in a prison	2288
or station house as described in division (A) of this section, or	2289
if a person who has been arrested for an offense, and who has been	2290
denied bail or has had bail set and has not been released on bail	2291
is confined in a prison or station house as described in division	2292
(A) of this section pending trial, at the time of reception and at	2293
other times the person in charge of the operation of the prison or	2294
station house determines to be appropriate, the person in charge	2295
of the operation of the prison or station house may cause the	2296
convicted or accused offender to be examined and tested for	2297
tuberculosis, HIV infection, hepatitis, including, but not limited	2298
to, hepatitis A, B, and C, and other contagious diseases. The	2299
person in charge of the operation of the prison or station house	2300
may cause a convicted or accused offender in the prison or station	2301
house who refuses to be tested or treated for tuberculosis, HIV	2302
infection, hepatitis, including, but not limited to, hepatitis A,	2303
B, and C, or another contagious disease to be tested and treated	2304
involuntarily.	2305

Sec. 753.021. (A) For each person who is confined in a	2306
prison or station house as provided in section 753.02 of the	2307
Revised Code or in a county jail as provided in division (A) of	2308
section ~~1905.35~~1905.57 of the Revised Code, the municipal	2309
corporation may make a determination as to whether the person is	2310
covered under a health insurance or health care policy, contract,	2311
or plan and, if the person has such coverage, what terms and	2312
conditions are imposed by it for the filing and payment of claims.	2313

(B) If, pursuant to division (A) of this section, it is	2314
determined that the person is covered under a policy, contract, or	2315
plan and, while that coverage is in force, the prison, station	2316
house, or county jail renders or arranges for the rendering of	2317
health care services to the person, in accordance with the terms	2318
and conditions of the policy, contract, or plan, then the person,	2319
municipal corporation, or provider of the health care services, as	2320
appropriate under the terms and conditions of the policy,	2321
contract, or plan, shall promptly submit a claim for payment for	2322
the health care services to the appropriate third-party payer and	2323
shall designate, or make any other arrangement necessary to	2324
ensure, that payment of any amount due on the claim be made to the	2325
municipal corporation or the provider, as the case may be.	2326

(C) Any payment made to the municipal corporation pursuant to	2327
division (B) of this section shall be paid into the treasury of	2328
the municipal corporation.	2329

(D) This section also applies to any person who is under the	2330
custody of a law enforcement officer, as defined in section	2331
2901.01 of the Revised Code, prior to the person's confinement in	2332
the prison, station house, or county jail.	2333

Sec. 753.04. (A) When a person over sixteen years of age is	2334
convicted of an offense under the law of this state or an	2335
ordinance of a municipal corporation, and the tribunal before	2336
which the conviction is had is authorized by law to commit the	2337
offender to the county jail or municipal corporation prison, the	2338
court~~, mayor, or judge of the county court, as the case may be,~~	2339
may sentence the offender to a workhouse.	2340

When a commitment is made from a municipal corporation or	2341
township in the county, other than in a municipal corporation	2342
having a workhouse, the legislative authority of the municipal	2343
corporation or the board of township trustees shall transmit with	2344
the mittimus a sum of money equal to not less than seventy cents	2345
per day for the time of the commitment, to be placed in the hands	2346
of the superintendent of a workhouse for the care and maintenance	2347
of the prisoner.	2348

(B) Pursuant to section 2929.37 of the Revised Code, the	2349
legislative authority of the municipal corporation or the board of	2350
township trustees may require a person who is convicted of an	2351
offense and who is confined in a workhouse as provided in division	2352
(A) of this section, to reimburse the municipal corporation or the	2353
township, as the case may be, for its expenses incurred by reason	2354
of the person's confinement.	2355

(C) Notwithstanding any contrary provision in this section or	2356
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	2357
legislative authority of the municipal corporation or board of	2358
township trustees may establish a policy that complies with	2359
section 2929.38 of the Revised Code and that requires any person	2360
who is not indigent and who is confined in the workhouse under	2361
division (A) of this section to pay a reception fee, a fee for any	2362
medical treatment or service requested by and provided to that	2363
person, or the fee for a random drug test assessed under division	2364
(E) of section 753.33 of the Revised Code.	2365

(D) If a person who has been convicted of or pleaded guilty	2366
to an offense is incarcerated in a workhouse or if a person who	2367
has been arrested for an offense, and who has not been denied bail	2368
or has had bail set and has not been released on bail is confined	2369
in a workhouse pending trial, at the time of reception and at	2370
other times the person in charge of the operation of the workhouse	2371
determines to be appropriate, the person in charge of the	2372
operation of the workhouse may cause the convicted or accused	2373
offender to be examined and tested for tuberculosis, HIV	2374
infection, hepatitis, including, but not limited to, hepatitis A,	2375
B, and C, and other contagious diseases. The person in charge of	2376
the operation of the workhouse may cause a convicted or accused	2377
offender in the workhouse who refuses to be tested or treated for	2378
tuberculosis, HIV infection, hepatitis, including, but not limited	2379
to, hepatitis A, B, and C, or another contagious disease to be	2380
tested and treated involuntarily.	2381

Sec. 753.08. The officer having the execution of the final	2382
sentence of a court~~, magistrate, or mayor~~ shall cause the	2383
convicted person to be conveyed to the workhouse as soon as	2384
practicable after the sentence is pronounced, and all officers	2385
shall be paid the fees ~~therefor~~for so conveying the convicted	2386
person allowed by law for similar services in other cases. Such	2387
fees shall be paid~~, when the sentence is by the court,~~ from the	2388
county treasury or, ~~and when by~~if the ~~magistrate~~court is the	2389
community court of a township, from the township treasury.	2390

Sec. 925.31. Judges of the county courts, ~~mayors,~~ municipal	2391
courts, and courts of common pleas and magistrates of the	2392
community courts have jurisdiction in sections 925.21 to 925.32,	2393
~~inclusive,~~ of the Revised Code. The director of agriculture and	2394
~~such~~any other employees of the department of agriculture ~~as he~~	2395
that the director designates, police officers, constables,	2396
sheriffs, and deputy sheriffs shall enforce ~~such~~those sections.	2397
Certificates of inspection issued by authorized inspectors of the	2398
department or a sample of a container, label, invoice, bill of	2399
lading, or any other written matter pertaining to a specific	2400
container of any fruit or vegetable ~~which~~that does not comply	2401
with sections 925.21 to 925.32~~, inclusive,~~ of the Revised Code,	2402
are prima-facie evidence of the facts contained therein in any of	2403
said courts when properly identified by the testimony of an agent	2404
of the director.	2405

Sec. 955.99. (A)(1) Whoever violates division (E) of section	2406
955.11 of the Revised Code because of a failure to comply with	2407
division (B) of that section is guilty of a minor misdemeanor.	2408

(2) Whoever violates division (E) of section 955.11 of the	2409
Revised Code because of a failure to comply with division (C) or	2410
(D) of that section is guilty of a minor misdemeanor on a first	2411
offense and of a misdemeanor of the fourth degree on each	2412
subsequent offense.	2413

(B) Whoever violates section 955.10, 955.23, 955.24, or	2414
955.25 of the Revised Code is guilty of a minor misdemeanor.	2415

(C) Whoever violates section 955.261, 955.39, or 955.50 of	2416
the Revised Code is guilty of a minor misdemeanor on a first	2417
offense and of a misdemeanor of the fourth degree on each	2418
subsequent offense.	2419

(D) Whoever violates division (F) of section 955.16 or	2420
division (B) of section 955.43 of the Revised Code is guilty of a	2421
misdemeanor of the fourth degree.	2422

(E)(1) Whoever violates section 955.21 or division (B) or (C)	2423
of section 955.22 of the Revised Code ~~shall be fined not less than~~	2424
~~twenty-five dollars or more than one hundred dollars~~is guilty of	2425
a minor misdemeanor on a first offense, and of a misdemeanor of	2426
the fourth degree on each subsequent offense ~~shall be fined not~~	2427
~~less than seventy-five dollars or more than two hundred fifty~~	2428
~~dollars and may be imprisoned for not more than thirty days~~.	2429

(2) In addition to the penalties prescribed in division	2430
(E)(1) of this section, if the offender is guilty of a violation	2431
of division (B) or (C) of section 955.22 of the Revised Code, the	2432
court may order the offender to personally supervise the dog that	2433
the offender owns, keeps, or harbors, to cause that dog to	2434
complete dog obedience training, or to do both.	2435

(F) If a violation of division (D) of section 955.22 of the	2436
Revised Code involves a dangerous dog, whoever violates that	2437
division is guilty of a misdemeanor of the fourth degree on a	2438
first offense and of a misdemeanor of the third degree on each	2439
subsequent offense. Additionally, the court may order the offender	2440
to personally supervise the dangerous dog that the offender owns,	2441
keeps, or harbors, to cause that dog to complete dog obedience	2442
training, or to do both, and the court may order the offender to	2443
obtain liability insurance pursuant to division (E) of section	2444
955.22 of the Revised Code. The court, in the alternative, may	2445
order the dangerous dog to be humanely destroyed by a licensed	2446
veterinarian, the county dog warden, or the county humane society.	2447

(G) If a violation of division (D) of section 955.22 of the	2448
Revised Code involves a vicious dog, whoever violates that	2449
division is guilty of one of the following:	2450

(1) A felony of the fourth degree on a first or subsequent	2451
offense if the dog kills or seriously injures a person.	2452
Additionally, the court shall order that the vicious dog be	2453
humanely destroyed by a licensed veterinarian, the county dog	2454
warden, or the county humane society.	2455

(2) A misdemeanor of the first degree on a first offense and	2456
a felony of the fourth degree on each subsequent offense.	2457
Additionally, the court may order the vicious dog to be humanely	2458
destroyed by a licensed veterinarian, the county dog warden, or	2459
the county humane society.	2460

(3) A misdemeanor of the first degree if the dog causes	2461
injury, other than killing or serious injury, to any person.	2462

(H) Whoever violates division (A)(2) of section 955.01 or	2463
division (E) of section 955.22 of the Revised Code is guilty of a	2464
misdemeanor of the first degree.	2465

(I) Whoever violates division (C) of section 955.221 of the	2466
Revised Code is guilty of a minor misdemeanor. Each day of	2467
continued violation constitutes a separate offense. Fines levied	2468
and collected for violations of that division shall be distributed	2469
by the ~~mayor or~~ clerk of the community, municipal, or county court	2470
in accordance with section 733.40, division (F) of section	2471
1901.31, or division (C) of section 1907.20 of the Revised Code to	2472
the treasury of the county, township, or municipal corporation	2473
whose resolution or ordinance was violated.	2474

(J) Whoever violates division (F)(1), (2), or (3) of section	2475
955.22 of the Revised Code is guilty of a felony of the fourth	2476
degree. Additionally, the court shall order that the vicious dog	2477
be humanely destroyed by a licensed veterinarian, the county dog	2478
warden, or the county humane society.	2479

Sec. 1901.021. (A) The judge or judges of any municipal	2480
court established under division (A) of section 1901.01 of the	2481
Revised Code having territorial jurisdiction outside the corporate	2482
limits of the municipal corporation in which it is located may sit	2483
outside the corporate limits of the municipal corporation within	2484
the area of its territorial jurisdiction.	2485

(B) Two or more of the judges of the Hamilton county	2486
municipal court shall be assigned by the presiding judge of the	2487
court to sit outside the municipal corporation of Cincinnati.	2488

(C) Two of the judges of the Portage county municipal court	2489
shall sit within the municipal corporation of Ravenna, and one of	2490
the judges shall sit within the municipal corporation of Kent. The	2491
judges may sit in other incorporated areas of Portage county.	2492

(D) One of the judges of the Wayne county municipal court	2493
shall sit within the municipal corporation of Wooster, and one	2494
shall sit within the municipal corporation of Orrville. Both	2495
judges may sit in other incorporated areas of Wayne county.	2496

(E) The judge of the Auglaize county municipal court shall	2497
sit within the municipal corporations of Wapakoneta and St. Marys	2498
and may sit in other incorporated areas in Auglaize county.	2499

(F) At least one of the judges of the Miami county municipal	2500
court shall sit within the municipal corporations of Troy, Piqua,	2501
and Tipp City, and the judges may sit in other incorporated areas	2502
of Miami county.	2503

(G) The judge of the Crawford county municipal court shall	2504
sit within the municipal corporations of Bucyrus and Galion and	2505
may sit in other incorporated areas in Crawford county.	2506

(H) The judge of the Jackson county municipal court shall sit	2507
within the municipal corporations of Jackson and Wellston and may	2508
sit in other incorporated areas in Jackson county.	2509

(I) Each judge of the Columbiana county municipal court may	2510
sit within the municipal corporation of Lisbon, Salem, or East	2511
Palestine until the judges jointly select a central location	2512
within the territorial jurisdiction of the court. When the judges	2513
select a central location, the judges shall sit at that location.	2514

(J) In any municipal court, other than the Hamilton county	2515
municipal court, that has more than one judge, the decision for	2516
one or more judges to sit outside the corporate limits of the	2517
municipal corporation shall be made by rule of the court as	2518
provided in division (C) of sections 1901.14 and 1901.16 of the	2519
Revised Code.	2520

(K) The assignment of a judge to sit in a municipal	2521
corporation other than that in which the court is located does not	2522
affect the jurisdiction of the ~~mayor except as provided in section~~	2523
~~1905.01 of the Revised Code~~community court, if any, in that	2524
municipal corporation.	2525

(L) The judges of the Clermont county municipal court may sit	2526
in any municipal corporation or unincorporated territory within	2527
Clermont county.	2528

Sec. 1901.024. (A) The board of county commissioners of	2529
Hamilton county shall pay all of the costs of operation of the	2530
Hamilton county municipal court. Subject to division (F)(2) of	2531
section 1901.31 and to sections 3375.50, 3375.53, 4511.19,	2532
4511.193, and 5503.04 of the Revised Code and to any other section	2533
of the Revised Code that requires a specific manner of	2534
disbursement of any moneys received by a municipal court, the	2535
county shall receive all of the costs, fees, and other moneys,	2536
except fines collected for violations of municipal ordinances and	2537
for violations of township resolutions adopted pursuant to Chapter	2538
504. of the Revised Code, that are received by the Hamilton county	2539
municipal court and shall receive fifty per cent of all of the	2540
fines for violations of municipal ordinances and for violations of	2541
township resolutions adopted pursuant to Chapter 504. of the	2542
Revised Code that are received by the court.	2543

(B) The board of county commissioners of Lawrence county	2544
shall pay all of the costs of operation of the Lawrence county	2545
municipal court. Subject to division (F)(2) of section 1901.31 and	2546
to sections 3375.50, 3375.53, 4511.19, 4511.193, and 5503.04 of	2547
the Revised Code and to any other section of the Revised Code that	2548
requires a specific manner of disbursement of any moneys received	2549
by a municipal court, the county shall receive all of the costs,	2550
fees, and other moneys, except fines collected for violations of	2551
municipal ordinances and for violations of township resolutions	2552
adopted pursuant to Chapter 504. of the Revised Code, that are	2553
received by the Lawrence county municipal court and shall receive	2554
fifty per cent of all of the fines for violations of municipal	2555
ordinances and for violations of township resolutions adopted	2556
pursuant to Chapter 504. of the Revised Code that are received by	2557
the court.	2558

(C) The board of county commissioners of Ottawa county shall	2559
pay all of the costs of operation of the Ottawa county municipal	2560
court. Subject to division (F)(2) of section 1901.31 and to	2561
sections 3375.50, 3375.53, 4511.19, 4511.193, and 5503.04 of the	2562
Revised Code and to any other section of the Revised Code that	2563
requires a specific manner of disbursement of any moneys received	2564
by a municipal court, the county shall receive all of the costs,	2565
fees, and other moneys, except fines collected for violations of	2566
municipal ordinances and for violations of township resolutions	2567
adopted pursuant to Chapter 504. of the Revised Code, that are	2568
received by the Ottawa county municipal court and shall receive	2569
fifty per cent of all of the fines for violations of municipal	2570
ordinances and for violations of township resolutions adopted	2571
pursuant to Chapter 504. of the Revised Code that are received by	2572
the court.	2573

(D) The board of county commissioners of a county in which a	2574
county-operated municipal court is located shall pay all of the	2575
costs of operation of the municipal court. The county in which a	2576
county-operated municipal court that is not subject to division	2577
(A), (B), or (C) of this section is located shall receive all of	2578
the costs, fees, and other moneys, except fines collected for	2579
violations of municipal ordinances and for violations of township	2580
resolutions adopted pursuant to Chapter 504. of the Revised Code	2581
and except as provided in division (F)(2) of section 1901.31 and	2582
sections 3375.50, 3375.53, and 5503.04 of the Revised Code and in	2583
any other section of the Revised Code that requires a specific	2584
manner of disbursement of any moneys received by a municipal	2585
court, that are received by the court.	2586

Sec. 1901.026. (A) The current operating costs of a	2587
municipal court, other than a county-operated municipal court,	2588
that has territorial jurisdiction under section 1901.02 or	2589
1901.182 of the Revised Code that extends beyond the corporate	2590
limits of the municipal corporation in which the court is located	2591
shall be apportioned pursuant to this section among all of the	2592
municipal corporations and townships that are within the territory	2593
of the court. Each municipal corporation and each township within	2594
the territory of the municipal court shall be assigned a	2595
proportionate share of the current operating costs of the	2596
municipal court that is equal to the percentage of the total	2597
criminal and civil caseload of the municipal court that arose in	2598
that municipal corporation or township. Each municipal corporation	2599
and each township then shall be liable for its assigned	2600
proportionate share of the current operating costs of the court,	2601
subject to division (B) of this section.	2602

For purposes of this section, the criminal and civil caseload	2603
that arose in a municipal corporation or township is the total	2604
number of criminal cases filed in the municipal court during the	2605
preceding calendar year that arose out of offenses that occurred	2606
in the municipal corporation or township and the total number of	2607
civil cases filed in the municipal court during the preceding	2608
calendar year in which the address of the majority of the	2609
defendants that are designated in the caption of the case and that	2610
have addresses within municipal corporations or townships within	2611
the territory of the court is within the municipal corporation or	2612
township or, if there is no majority of such defendants, in which	2613
the address of the first such defendant is within the municipal	2614
corporation or township. In determining the caseload that arose in	2615
a municipal corporation that had a legally functioning mayor's	2616
court from January 1, 2008, through December 31, 2008, and that	2617
does not have a community court, the cases that could have been	2618
heard in the mayor's court had that court not been abolished shall	2619
be excluded.	2620

(B) A municipal corporation or township within the territory	2621
of a municipal court is not required to pay that part of its	2622
proportionate share of the current operating costs of the court,	2623
as determined in accordance with division (A) of this section,	2624
that exceeds the total amount of costs, fees, fines, bail, or	2625
other moneys that was disbursed by the clerk of the court under	2626
division (F) of section 1901.31 of the Revised Code, to the	2627
municipal corporation or township during the period for which its	2628
proportionate share of the current operating costs was determined.	2629
The municipal corporation in which the court is located is liable,	2630
in addition to its proportionate share, for any part of the	2631
proportionate share of a municipal corporation or township that	2632
the municipal corporation or township is not required to pay under	2633
this division.	2634

(C) The auditors or chief fiscal officers of each of the	2635
municipal corporations and townships within the territory of a	2636
municipal court for which the current operating costs are	2637
apportioned under this section shall meet not less than once each	2638
six months at the office of the auditor or chief fiscal officer of	2639
the municipal corporation in which the court is located to	2640
determine the proportionate share due from each municipal	2641
corporation and each township, to determine whether any municipal	2642
corporation or township is not required to pay any part of its	2643
proportionate share under division (B) of this section, and to	2644
adjust accounts. The meetings shall be held at the direction of	2645
the auditor or chief fiscal officer of the municipal corporation	2646
in which the court is located, and the auditor or chief fiscal	2647
officer shall preside at the meetings. The proportionate share of	2648
each of the municipal corporations and townships, as reduced or	2649
increased in accordance with division (B) of this section, is	2650
payable from the general fund of the municipal corporation or	2651
township or from any other fund designated or funds appropriated	2652
for the purpose of paying the particular municipal corporation's	2653
or township's proportionate share of the current operating costs	2654
of the court.	2655

The court of common pleas of the county in which a municipal	2656
court for which the current operating costs are apportioned under	2657
this section is located has jurisdiction over any civil action	2658
that is commenced to determine the current operating costs of the	2659
court, the proportionate share of the current operating costs to	2660
be paid by a particular municipal corporation or township within	2661
the territory of the court, or whether a municipal corporation or	2662
township is not required to pay any part of its proportionate	2663
share under division (B) of this section.	2664

(D) For purposes of this section:

2665

(1) "Operating costs" means the figure that is derived by	2666
subtracting the total of all costs that are collected and paid to	2667
the city treasury by the clerk of the municipal court pursuant to	2668
division (F) of section 1901.31 of the Revised Code and all	2669
interest received and paid to the city treasury in relation to the	2670
costs pursuant to division (G) of section 1901.31 of the Revised	2671
Code from the total of the amounts payable from the city treasury	2672
for the operation of the court pursuant to sections 1901.10,	2673
1901.11, 1901.111, 1901.12, 1901.31, 1901.311, 1901.312, 1901.32,	2674
1901.33, 1901.331, 1901.36, 1901.37, and 1901.38 of the Revised	2675
Code, other than any amounts payable from the city treasury for	2676
the operation of the court involving construction, capital	2677
improvements, rent, or the provision of heat and light.	2678

(2) "Township" means a township that has adopted a limited	2679
home rule government pursuant to Chapter 504. of the Revised Code.	2680

(3) "Criminal caseload" when used in regard to a township	2681
means cases arising from a violation of a township resolution for	2682
which a fine is imposed under Chapter 504. of the Revised Code.	2683

Sec. 1901.04. Upon the institution of a municipal court	2684
~~other than the Brown county municipal court or the Morrow county~~	2685
~~municipal court~~, the jurisdiction of the ~~mayor~~community court, if	2686
one exists, in all civil and criminal causes terminates within the	2687
municipal corporation in which the municipal court is located. ~~The~~	2688
~~institution of the Brown county municipal court or the Morrow~~	2689
~~county municipal court does not terminate or affect the~~	2690
~~jurisdiction of the mayor of Georgetown or the mayor of Mount~~	2691
~~Gilead, respectively, in any civil or criminal cause. Upon the~~	2692
~~institution of either court, the mayor of Georgetown and the mayor~~	2693
~~of Mount Gilead retain jurisdiction in causes as described in~~	2694
~~section 1905.01 of the Revised Code. Those mayors shall exercise~~	2695
~~that jurisdiction concurrently with the municipal court.~~ Upon the	2696
institution of a municipal court, all ~~mayors~~community courts of	2697
municipal corporations within the territory other than the	2698
municipal corporation in which the court is located may retain any	2699
jurisdiction that is now provided in all criminal causes involving	2700
violation of ordinances of their respective municipal corporations	2701
and in all criminal causes involving moving traffic violations	2702
occurring on state highways located within their respective	2703
municipal corporations, to be exercised concurrently with the	2704
municipal court.	2705

Upon the institution of a municipal court, the jurisdiction	2706
of county courts in all civil and criminal causes terminates in	2707
any township or municipal corporation that is entirely within the	2708
territory.	2709

Upon the institution of a municipal court, all causes,	2710
judgments, executions, and proceedings then pending in community	2711
courts ~~of mayors~~ and county courts within the territory as to	2712
which their jurisdiction is terminated by this section shall	2713
proceed in the municipal court as if originally instituted in the	2714
municipal court. The parties may make any amendments to their	2715
pleadings that are required to conform to the rules of the	2716
municipal court.	2717

In all cases over which the municipal court is given	2718
jurisdiction and for which the jurisdiction of county courts and	2719
~~the~~community courts ~~of mayors~~ is terminated by this section upon	2720
the institution of the municipal court, the pleadings, orders,	2721
entries, dockets, bonds, papers, records, books, exhibits, files,	2722
moneys, property, and persons that belong to, are in the	2723
possession of, or are subject to the jurisdiction of the community	2724
courts ~~of mayors~~ or county courts or any officer of either court	2725
and that are in any municipal corporation or township ~~which~~that	2726
is entirely within the territory of a municipal court shall be	2727
transferred by their custodian to the municipal court. If a part	2728
of any township that was within the jurisdiction of a county court	2729
is included within the territory of a municipal court, all	2730
pleadings, orders, entries, dockets, bonds, papers, records,	2731
books, exhibits, files, moneys, property, and persons that belong	2732
to, are in the possession of, or are subject to the jurisdiction	2733
of the county court or any officer of the county court and that	2734
pertain to causes, judgments, executions, and proceedings then	2735
pending in the county court and arising from the court's	2736
jurisdiction in that part of the township within the territory of	2737
the municipal court shall be transferred by their custodian to the	2738
municipal court.	2739

~~The termination of a municipal court reinstates the~~	2740
~~jurisdiction of the mayor of the municipal corporation in which~~	2741
~~the terminated municipal court was located, if the jurisdiction of~~	2742
~~the mayor was terminated by this section.~~	2743

Sec. 1901.08. The number of, and the time for election of,	2744
judges of the following municipal courts and the beginning of	2745
their terms shall be as follows:	2746

In the Akron municipal court, two full-time judges shall be	2747
elected in 1951, two full-time judges shall be elected in 1953,	2748
one full-time judge shall be elected in 1967, and one full-time	2749
judge shall be elected in 1975.	2750

In the Alliance municipal court, one full-time judge shall be	2751
elected in 1953.	2752

In the Ashland municipal court, one full-time judge shall be	2753
elected in 1951.	2754

In the Ashtabula municipal court, one full-time judge shall	2755
be elected in 1953.	2756

In the Athens county municipal court, one full-time judge	2757
shall be elected in 1967.	2758

In the Auglaize county municipal court, one full-time judge	2759
shall be elected in 1975.	2760

In the Avon Lake municipal court, one part-time judge shall	2761
be elected in 1957.	2762

In the Barberton municipal court, one full-time judge shall	2763
be elected in 1969, and one full-time judge shall be elected in	2764
1971.	2765

In the Bedford municipal court, one full-time judge shall be	2766
elected in 1975, and one full-time judge shall be elected in 1979.	2767

In the Bellefontaine municipal court, one full-time judge	2768
shall be elected in 1993.	2769

In the Bellevue municipal court, one part-time judge shall be	2770
elected in 1951.	2771

In the Berea municipal court, one full-time judge shall be	2772
elected in 2005.	2773

In the Bowling Green municipal court, one full-time judge	2774
shall be elected in 1983.	2775

In the Brown county municipal court, one full-time judge	2776
shall be elected in 2005. Beginning February 9, 2003, the	2777
part-time judge of the Brown county county court that existed	2778
prior to that date whose term commenced on January 2, 2001, shall	2779
serve as the full-time judge of the Brown county municipal court	2780
until December 31, 2005.	2781

In the Bryan municipal court, one full-time judge shall be	2782
elected in 1965.	2783

In the Cambridge municipal court, one full-time judge shall	2784
be elected in 1951.	2785

In the Campbell municipal court, one part-time judge shall be	2786
elected in 1963.	2787

In the Canton municipal court, one full-time judge shall be	2788
elected in 1951, one full-time judge shall be elected in 1969, and	2789
two full-time judges shall be elected in 1977.	2790

In the Carroll county municipal court, one full-time judge	2791
shall be elected in 2009. Beginning January 1, 2007, the judge	2792
elected in 2006 to the part-time judgeship of the Carroll county	2793
county court that existed prior to that date shall serve as the	2794
full-time judge of the Carroll county municipal court until	2795
December 31, 2009.	2796

In the Celina municipal court, one full-time judge shall be	2797
elected in 1957.	2798

In the Champaign county municipal court, one full-time judge	2799
shall be elected in 2001.	2800

In the Chardon municipal court, one ~~part-time~~full-time judge	2801
shall be elected in ~~1963~~2011. On and after January 1, 2008, the	2802
part-time judge of the Chardon municipal court who was elected in	2803
2005 shall serve as the full-time judge of the court until the end	2804
of that judge's term on December 31, 2011.	2805

In the Chillicothe municipal court, one full-time judge shall	2806
be elected in 1951, and one full-time judge shall be elected in	2807
1977.	2808

In the Circleville municipal court, one full-time judge shall	2809
be elected in 1953.	2810

In the Clark county municipal court, one full-time judge	2811
shall be elected in 1989, and two full-time judges shall be	2812
elected in 1991. The full-time judges of the Springfield municipal	2813
court who were elected in 1983 and 1985 shall serve as the judges	2814
of the Clark county municipal court from January 1, 1988, until	2815
the end of their respective terms.	2816

In the Clermont county municipal court, two full-time judges	2817
shall be elected in 1991, and one full-time judge shall be elected	2818
in 1999.	2819

In the Cleveland municipal court, six full-time judges shall	2820
be elected in 1975, three full-time judges shall be elected in	2821
1953, and four full-time judges shall be elected in 1955.	2822

In the Cleveland Heights municipal court, one full-time judge	2823
shall be elected in 1957.	2824

In the Clinton county municipal court, one full-time judge	2825
shall be elected in 1997. The full-time judge of the Wilmington	2826
municipal court who was elected in 1991 shall serve as the judge	2827
of the Clinton county municipal court from July 1, 1992, until the	2828
end of that judge's term on December 31, 1997.	2829

In the Columbiana county municipal court, two full-time	2830
judges shall be elected in 2001.	2831

In the Conneaut municipal court, one full-time judge shall be	2832
elected in 1953.	2833

In the Coshocton municipal court, one full-time judge shall	2834
be elected in 1951.	2835

In the Crawford county municipal court, one full-time judge	2836
shall be elected in 1977.	2837

In the Cuyahoga Falls municipal court, one full-time judge	2838
shall be elected in 1953, and one full-time judge shall be elected	2839
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal	2840
court shall cease to exist; however, the judges of the Cuyahoga	2841
Falls municipal court who were elected pursuant to this section in	2842
2003 and 2007 for terms beginning on January 1, 2004, and January	2843
1, 2008, respectively, shall serve as full-time judges of the Stow	2844
municipal court until December 31, 2009, and December 31, 2013,	2845
respectively.	2846

In the Darke county municipal court, one full-time judge	2847
shall be elected in 2005. Beginning January 1, 2005, the part-time	2848
judge of the Darke county county court that existed prior to that	2849
date whose term began on January 1, 2001, shall serve as the	2850
full-time judge of the Darke county municipal court until December	2851
31, 2005.	2852

In the Dayton municipal court, three full-time judges shall	2853
be elected in 1987, their terms to commence on successive days	2854
beginning on the first day of January next after their election,	2855
and two full-time judges shall be elected in 1955, their terms to	2856
commence on successive days beginning on the second day of January	2857
next after their election.	2858

In the Defiance municipal court, one full-time judge shall be	2859
elected in 1957.	2860

In the Delaware municipal court, one full-time judge shall be	2861
elected in 1953, and one full-time judge shall be elected in 2007.	2862

In the East Cleveland municipal court, one full-time judge	2863
shall be elected in 1957.	2864

In the East Liverpool municipal court, one full-time judge	2865
shall be elected in 1953.	2866

In the Eaton municipal court, one full-time judge shall be	2867
elected in 1973.	2868

In the Elyria municipal court, one full-time judge shall be	2869
elected in 1955, and one full-time judge shall be elected in 1973.	2870

In the Erie county municipal court, one full-time judge shall	2871
be elected in 2007.	2872

In the Euclid municipal court, one full-time judge shall be	2873
elected in 1951.	2874

In the Fairborn municipal court, one full-time judge shall be	2875
elected in 1977.	2876

In the Fairfield county municipal court, one full-time judge	2877
shall be elected in 2003, and one full-time judge shall be elected	2878
in 2005.	2879

In the Fairfield municipal court, one full-time judge shall	2880
be elected in 1989.	2881

In the Findlay municipal court, one full-time judge shall be	2882
elected in 1955, and one full-time judge shall be elected in 1993.	2883

In the Fostoria municipal court, one full-time judge shall be	2884
elected in 1975.	2885

In the Franklin municipal court, one part-time judge shall be	2886
elected in 1951.	2887

In the Franklin county municipal court, two full-time judges	2888
shall be elected in 1969, three full-time judges shall be elected	2889
in 1971, seven full-time judges shall be elected in 1967, one	2890
full-time judge shall be elected in 1975, one full-time judge	2891
shall be elected in 1991, and one full-time judge shall be elected	2892
in 1997.	2893

In the Fremont municipal court, one full-time judge shall be	2894
elected in 1975.	2895

In the Gallipolis municipal court, one full-time judge shall	2896
be elected in 1981.	2897

In the Garfield Heights municipal court, one full-time judge	2898
shall be elected in 1951, and one full-time judge shall be elected	2899
in 1981.	2900

In the Girard municipal court, one full-time judge shall be	2901
elected in 1963.	2902

In the Hamilton municipal court, one full-time judge shall be	2903
elected in 1953.	2904

In the Hamilton county municipal court, five full-time judges	2905
shall be elected in 1967, five full-time judges shall be elected	2906
in 1971, two full-time judges shall be elected in 1981, and two	2907
full-time judges shall be elected in 1983. All terms of judges of	2908
the Hamilton county municipal court shall commence on the first	2909
day of January next after their election, except that the terms of	2910
the additional judges to be elected in 1981 shall commence on	2911
January 2, 1982, and January 3, 1982, and that the terms of the	2912
additional judges to be elected in 1983 shall commence on January	2913
4, 1984, and January 5, 1984.	2914

In the Hardin county municipal court, one part-time judge	2915
shall be elected in 1989.	2916

In the Hillsboro municipal court, one part-time judge shall	2917
be elected in 1957.	2918

In the Hocking county municipal court, one full-time judge	2919
shall be elected in 1977.	2920

In the Holmes county municipal court, one full-time judge	2921
shall be elected in 2007. Beginning January 1, 2007, the part-time	2922
judge of the Holmes county county court that existed prior to that	2923
date whose term commenced on January 1, 2007, shall serve as the	2924
full-time judge of the Holmes county municipal court until	2925
December 31, 2007.	2926

In the Huron municipal court, one part-time judge shall be	2927
elected in 1967.	2928

In the Ironton municipal court, one full-time judge shall be	2929
elected in 1951.	2930

In the Jackson county municipal court, one full-time judge	2931
shall be elected in 2001. On and after March 31, 1997, the	2932
part-time judge of the Jackson county municipal court who was	2933
elected in 1995 shall serve as a full-time judge of the court	2934
until the end of that judge's term on December 31, 2001.	2935

In the Kettering municipal court, one full-time judge shall	2936
be elected in 1971, and one full-time judge shall be elected in	2937
1975.	2938

In the Lakewood municipal court, one full-time judge shall be	2939
elected in 1955.	2940

In the Lancaster municipal court, one full-time judge shall	2941
be elected in 1951, and one full-time judge shall be elected in	2942
1979. Beginning January 2, 2000, the full-time judges of the	2943
Lancaster municipal court who were elected in 1997 and 1999 shall	2944
serve as judges of the Fairfield county municipal court until the	2945
end of those judges' terms.	2946

In the Lawrence county municipal court, one part-time judge	2947
shall be elected in 1981.	2948

In the Lebanon municipal court, one part-time judge shall be	2949
elected in 1955.	2950

In the Licking county municipal court, one full-time judge	2951
shall be elected in 1951, and one full-time judge shall be elected	2952
in 1971.	2953

In the Lima municipal court, one full-time judge shall be	2954
elected in 1951, and one full-time judge shall be elected in 1967.	2955

In the Lorain municipal court, one full-time judge shall be	2956
elected in 1953, and one full-time judge shall be elected in 1973.	2957

In the Lyndhurst municipal court, one ~~part-time~~full-time	2958
judge shall be elected in ~~1957~~2011. On and after January 1, 2008,	2959
the part-time judge of the Lyndhurst municipal court who was	2960
elected in 2005 shall serve as the full-time judge of the court	2961
until the end of that judge's term on December 31, 2011.	2962

In the Madison county municipal court, one full-time judge	2963
shall be elected in 1981.	2964

In the Mansfield municipal court, one full-time judge shall	2965
be elected in 1951, and one full-time judge shall be elected in	2966
1969.	2967

In the Marietta municipal court, one full-time judge shall be	2968
elected in 1957.	2969

In the Marion municipal court, one full-time judge shall be	2970
elected in 1951.	2971

In the Marysville municipal court, one full-time judge shall	2972
be elected in 2011. On and after January 18, 2007, the part-time	2973
judge of the Marysville municipal court who was elected in 2005	2974
shall serve as a full-time judge of the court until the end of	2975
that judge's term on December 31, 2011.	2976

In the Mason municipal court, one part-time judge shall be	2977
elected in 1965.	2978

In the Massillon municipal court, one full-time judge shall	2979
be elected in 1953, and one full-time judge shall be elected in	2980
1971.	2981

In the Maumee municipal court, one full-time judge shall be	2982
elected in 1963.	2983

In the Medina municipal court, one full-time judge shall be	2984
elected in 1957.	2985

In the Mentor municipal court, one full-time judge shall be	2986
elected in 1971.	2987

In the Miami county municipal court, one full-time judge	2988
shall be elected in 1975, and one full-time judge shall be elected	2989
in 1979.	2990

In the Miamisburg municipal court, one ~~part-time~~full-time	2991
judge shall be elected in ~~1951~~2011. On and after January 1, 2008,	2992
the part-time judge of the Miamisburg municipal court who was	2993
elected in 2005 shall serve as the full-time judge of the court	2994
until the end of that judge's term on December 31, 2011.	2995

In the Middletown municipal court, one full-time judge shall	2996
be elected in 1953.	2997

In the Morrow county municipal court, one full-time judge	2998
shall be elected in 2005. Beginning January 1, 2003, the part-time	2999
judge of the Morrow county county court that existed prior to that	3000
date shall serve as the full-time judge of the Morrow county	3001
municipal court until December 31, 2005.	3002

In the Mount Vernon municipal court, one full-time judge	3003
shall be elected in 1951.	3004

In the Napoleon municipal court, one full-time judge shall be	3005
elected in 2005.	3006

In the New Philadelphia municipal court, one full-time judge	3007
shall be elected in 1975.	3008

In the Newton Falls municipal court, one full-time judge	3009
shall be elected in 1963.	3010

In the Niles municipal court, one full-time judge shall be	3011
elected in 1951.	3012

In the Norwalk municipal court, one full-time judge shall be	3013
elected in 1975.	3014

In the Oakwood municipal court, one part-time judge shall be	3015
elected in 1953.	3016

In the Oberlin municipal court, one full-time judge shall be	3017
elected in 1989.	3018

In the Oregon municipal court, one full-time judge shall be	3019
elected in 1963.	3020

In the Ottawa county municipal court, one full-time judge	3021
shall be elected in 1995, and the full-time judge of the Port	3022
Clinton municipal court who is elected in 1989 shall serve as the	3023
judge of the Ottawa county municipal court from February 4, 1994,	3024
until the end of that judge's term.	3025

In the Painesville municipal court, one full-time judge shall	3026
be elected in 1951.	3027

In the Parma municipal court, one full-time judge shall be	3028
elected in 1951, one full-time judge shall be elected in 1967, and	3029
one full-time judge shall be elected in 1971.	3030

In the Perrysburg municipal court, one full-time judge shall	3031
be elected in 1977.	3032

In the Portage county municipal court, two full-time judges	3033
shall be elected in 1979, and one full-time judge shall be elected	3034
in 1971.	3035

In the Port Clinton municipal court, one full-time judge	3036
shall be elected in 1953. The full-time judge of the Port Clinton	3037
municipal court who is elected in 1989 shall serve as the judge of	3038
the Ottawa county municipal court from February 4, 1994, until the	3039
end of that judge's term.	3040

In the Portsmouth municipal court, one full-time judge shall	3041
be elected in 1951, and one full-time judge shall be elected in	3042
1985.	3043

In the Rocky River municipal court, one full-time judge shall	3044
be elected in 1957, and one full-time judge shall be elected in	3045
1971.	3046

In the Sandusky municipal court, one full-time judge shall be	3047
elected in 1953.	3048

In the Shaker Heights municipal court, one full-time judge	3049
shall be elected in 1957.	3050

In the Shelby municipal court, one part-time judge shall be	3051
elected in 1957.	3052

In the Sidney municipal court, one full-time judge shall be	3053
elected in 1995.	3054

In the South Euclid municipal court, one full-time judge	3055
shall be elected in 1999. The part-time judge elected in 1993,	3056
whose term commenced on January 1, 1994, shall serve until	3057
December 31, 1999, and the office of that judge is abolished on	3058
January 1, 2000.	3059

In the Springfield municipal court, two full-time judges	3060
shall be elected in 1985, and one full-time judge shall be elected	3061
in 1983, all of whom shall serve as the judges of the Springfield	3062
municipal court through December 31, 1987, and as the judges of	3063
the Clark county municipal court from January 1, 1988, until the	3064
end of their respective terms.	3065

In the Steubenville municipal court, one full-time judge	3066
shall be elected in 1953.	3067

In the Stow municipal court, one full-time judge shall be	3068
elected in 2009, and one full-time judge shall be elected in 2013.	3069
Beginning January 1, 2009, the judge of the Cuyahoga Falls	3070
municipal court that existed prior to that date whose term	3071
commenced on January 1, 2008, shall serve as a full-time judge of	3072
the Stow municipal court until December 31, 2013. Beginning	3073
January 1, 2009, the judge of the Cuyahoga Falls municipal court	3074
that existed prior to that date whose term commenced on January 1,	3075
2004, shall serve as a full-time judge of the Stow municipal court	3076
until December 31, 2009.	3077

In the Struthers municipal court, one part-time judge shall	3078
be elected in 1963.	3079

In the Sylvania municipal court, one full-time judge shall be	3080
elected in 1963.	3081

In the Tiffin municipal court, one full-time judge shall be	3082
elected in 1953.	3083

In the Toledo municipal court, two full-time judges shall be	3084
elected in 1971, four full-time judges shall be elected in 1975,	3085
and one full-time judge shall be elected in 1973.	3086

In the Upper Sandusky municipal court, one part-time judge	3087
shall be elected in 1957.	3088

In the Vandalia municipal court, one full-time judge shall be	3089
elected in 1959.	3090

In the Van Wert municipal court, one full-time judge shall be	3091
elected in 1957.	3092

In the Vermilion municipal court, one part-time judge shall	3093
be elected in 1965.	3094

In the Wadsworth municipal court, one full-time judge shall	3095
be elected in 1981.	3096

In the Warren municipal court, one full-time judge shall be	3097
elected in 1951, and one full-time judge shall be elected in 1971.	3098

In the Washington Court House municipal court, one full-time	3099
judge shall be elected in 1999. The part-time judge elected in	3100
1993, whose term commenced on January 1, 1994, shall serve until	3101
December 31, 1999, and the office of that judge is abolished on	3102
January 1, 2000.	3103

In the Wayne county municipal court, one full-time judge	3104
shall be elected in 1975, and one full-time judge shall be elected	3105
in 1979.	3106

In the Willoughby municipal court, one full-time judge shall	3107
be elected in 1951.	3108

In the Wilmington municipal court, one full-time judge shall	3109
be elected in 1991, who shall serve as the judge of the Wilmington	3110
municipal court through June 30, 1992, and as the judge of the	3111
Clinton county municipal court from July 1, 1992, until the end of	3112
that judge's term on December 31, 1997.	3113

In the Xenia municipal court, one full-time judge shall be	3114
elected in 1977.	3115

In the Youngstown municipal court, one full-time judge shall	3116
be elected in 1951, and two full-time judges shall be elected in	3117
1953.	3118

In the Zanesville municipal court, one full-time judge shall	3119
be elected in 1953.	3120

Sec. 1901.11. (A)(1) Beginning July 1, 1997, judges	3121
designated as part-time judges by section 1901.08 of the Revised	3122
Code~~, other than part-time judges to whom division (B)(1)(a) of~~	3123
~~this section applies,~~ shall receive as compensation thirty-five	3124
thousand five hundred dollars each year in addition to the	3125
compensation payable from the state treasury under division (A)(6)	3126
of section 141.04 of the Revised Code.	3127

(2) Part-time judges shall be disqualified from the practice	3128
of law only as to matters pending or originating in the courts in	3129
which they serve during their terms of office.	3130

(B)(1)(a) Judges designated as full-time judges by section	3131
1901.08 of the Revised Code~~, and all judges of territories having~~	3132
~~a population of more than fifty thousand regardless of~~	3133
~~designation,~~ are subject to section 4705.01 of the Revised Code	3134
and, pursuant to division (C) of this section~~, beginning July 1,~~	3135
~~1997,~~ shall receive as compensation sixty-one thousand seven	3136
hundred fifty dollars per annum.	3137

(b) ~~These~~Full-time judges also shall receive, in accordance	3138
with division (B) of section 141.04 of the Revised Code, the	3139
compensation described in division (A)(5) of that section from the	3140
state treasury.	3141

(2) The presiding judge of a municipal court who is also the	3142
administrative judge of the court, shall receive, pursuant to	3143
division (C) of this section, an additional one thousand five	3144
hundred dollars per annum.	3145

(C) The compensation of municipal judges that is described in	3146
divisions (A)(1) and (B)(1)(a) and (2) of this section may be paid	3147
in either biweekly installments or semimonthly installments, as	3148
determined by the payroll administrator, three-fifths of the	3149
amount being payable from the city treasury and two-fifths of the	3150
amount being payable from the treasury of the county in which the	3151
municipal corporation is situated, except that all of the	3152
compensation of the judges of a county-operated municipal court	3153
that is described in divisions (A)(1) and (B)(1)(a) and (2) of	3154
this section shall be payable out of the treasury of the county in	3155
which the court is located. If the territory is located in two or	3156
more counties, a total of two-fifths of the amount that is	3157
described in divisions (A)(1) and (B)(1)(a) and (2) of this	3158
section shall be payable by all of the counties in proportionate	3159
shares from the treasury of each of the counties in accordance	3160
with the respective populations of that portion of each of the	3161
several counties within the jurisdiction of the court.	3162

(D) No municipal judge shall hold any other office of trust	3163
or profit under the authority of this state or the United States.	3164

(E) As used in this section, "compensation" does not include	3165
any portion of the cost, premium, or charge for sickness and	3166
accident insurance or other coverage of hospitalization, surgical	3167
care, major medical care, disability, dental care, eye care,	3168
medical care, hearing aids, and prescription drugs, or any	3169
combination of those benefits or services, covering a judge of a	3170
municipal court and paid on the judge's behalf by a governmental	3171
entity.	3172

Sec. 1901.181. (A)(1) Except as otherwise provided in this	3173
division and division (A)(2) of this section and subject to	3174
division ~~(C)~~(B) of this section, if a municipal court has a	3175
housing or environmental division, the division has exclusive	3176
jurisdiction within the territory of the court in any civil action	3177
to enforce any local building, housing, air pollution, sanitation,	3178
health, fire, zoning, or safety code, ordinance, or regulation	3179
applicable to premises used or intended for use as a place of	3180
human habitation, buildings, structures, or any other real	3181
property subject to any such code, ordinance, or regulation, and,	3182
except in the environmental division of the Franklin county	3183
municipal court, in any civil action commenced pursuant to Chapter	3184
1923. or 5321. or sections 5303.03 to 5303.07 of the Revised Code.	3185
Except as otherwise provided in division (A)(2) of this section	3186
and subject to section 1901.20 of the Revised Code and to division	3187
~~(C)~~(B) of this section, the housing or environmental division of a	3188
municipal court has exclusive jurisdiction within the territory of	3189
the court in any criminal action for a violation of any local	3190
building, housing, air pollution, sanitation, health, fire,	3191
zoning, or safety code, ordinance, or regulation applicable to	3192
premises used or intended for use as a place of human habitation,	3193
buildings, structures, or any other real property subject to any	3194
such code, ordinance, or regulation. Except as otherwise provided	3195
in division (A)(2) of this section and subject to division ~~(C)~~(B)	3196
of this section, the housing or environmental division of a	3197
municipal court also has exclusive jurisdiction within the	3198
territory of the court in any civil action as described in	3199
division (B)(1) of section 3767.41 of the Revised Code that	3200
relates to a public nuisance. To the extent any provision of this	3201
chapter conflicts or is inconsistent with a provision of section	3202
3767.41 of the Revised Code, the provision of that section shall	3203
control in a civil action described in division (B)(1) of that	3204
section.	3205

(2) If a municipal court has an environmental division, if	3206
~~the mayor of~~ any municipal corporation within the territory of the	3207
municipal court conducts a ~~mayor's~~community court, and if any	3208
action described in division (A)(1) of this section as being	3209
within the jurisdiction of the environmental division otherwise is	3210
within the jurisdiction of the ~~mayor's~~community court, as set	3211
forth in section ~~1905.01~~1905.43 or 1905.44 of the Revised Code,	3212
the jurisdiction of the environmental division over the action is	3213
concurrent with the jurisdiction of that ~~mayor's~~community court	3214
over the action.	3215

(B)(1) If the judge of the environmental division of the	3216
Franklin county municipal court or the judge of the housing	3217
division of a municipal court is on vacation, sick, absent, or is	3218
unavailable because of recusal or another reason, the	3219
administrative judge of the court, in accordance with the Rules of	3220
Superintendence for Municipal Courts and County Courts, shall	3221
assign another judge or judges of the court to handle any action	3222
or proceeding or, if necessary, all actions and proceedings of the	3223
division during the time that its judge is unavailable.	3224

(2) The Franklin county municipal court may adopt, by rule,	3225
procedures for other judges of the court to handle particular	3226
proceedings arising out of actions within the jurisdiction of the	3227
environmental division of the court when the judge of that	3228
division is unable for any reason to handle a particular	3229
proceeding at the time, or within the time period, necessary for a	3230
timely or appropriate disposition of the proceeding. Upon the	3231
adoption of and in accordance with those rules, any judge of the	3232
court may handle any proceeding that arises out of an action	3233
within the jurisdiction of the environmental division of the	3234
court.	3235

Sec. 1901.31. The clerk and deputy clerks of a municipal	3236
court shall be selected, be compensated, give bond, and have	3237
powers and duties as follows:	3238

(A) There shall be a clerk of the court who is appointed or	3239
elected as follows:	3240

(1)(a) Except in the Akron, Barberton, Toledo, Hamilton	3241
county, Portage county, and Wayne county municipal courts and	3242
through December 31, 2008, the Cuyahoga Falls municipal court, if	3243
the population of the territory equals or exceeds one hundred	3244
thousand at the regular municipal election immediately preceding	3245
the expiration of the term of the present clerk, the clerk shall	3246
be nominated and elected by the qualified electors of the	3247
territory in the manner that is provided for the nomination and	3248
election of judges in section 1901.07 of the Revised Code.	3249

The clerk so elected shall hold office for a term of six	3250
years, which term shall commence on the first day of January	3251
following the clerk's election and continue until the clerk's	3252
successor is elected and qualified.	3253

(b) In the Hamilton county municipal court, the clerk of	3254
courts of Hamilton county shall be the clerk of the municipal	3255
court and may appoint an assistant clerk who shall receive the	3256
compensation, payable out of the treasury of Hamilton county in	3257
semimonthly installments, that the board of county commissioners	3258
prescribes. The clerk of courts of Hamilton county, acting as the	3259
clerk of the Hamilton county municipal court and assuming the	3260
duties of that office, shall receive compensation at one-fourth	3261
the rate that is prescribed for the clerks of courts of common	3262
pleas as determined in accordance with the population of the	3263
county and the rates set forth in sections 325.08 and 325.18 of	3264
the Revised Code. This compensation shall be paid from the county	3265
treasury in semimonthly installments and is in addition to the	3266
annual compensation that is received for the performance of the	3267
duties of the clerk of courts of Hamilton county, as provided in	3268
sections 325.08 and 325.18 of the Revised Code.	3269

(c) In the Portage county and Wayne county municipal courts,	3270
the clerks of courts of Portage county and Wayne county shall be	3271
the clerks, respectively, of the Portage county and Wayne county	3272
municipal courts and may appoint a chief deputy clerk for each	3273
branch that is established pursuant to section 1901.311 of the	3274
Revised Code and assistant clerks as the judges of the municipal	3275
court determine are necessary, all of whom shall receive the	3276
compensation that the legislative authority prescribes. The clerks	3277
of courts of Portage county and Wayne county, acting as the clerks	3278
of the Portage county and Wayne county municipal courts and	3279
assuming the duties of these offices, shall receive compensation	3280
payable from the county treasury in semimonthly installments at	3281
one-fourth the rate that is prescribed for the clerks of courts of	3282
common pleas as determined in accordance with the population of	3283
the county and the rates set forth in sections 325.08 and 325.18	3284
of the Revised Code.	3285

(d) Except as otherwise provided in division (A)(1)(d) of	3286
this section, in the Akron municipal court, candidates for	3287
election to the office of clerk of the court shall be nominated by	3288
primary election. The primary election shall be held on the day	3289
specified in the charter of the city of Akron for the nomination	3290
of municipal officers. Notwithstanding any contrary provision of	3291
section 3513.05 or 3513.257 of the Revised Code, the declarations	3292
of candidacy and petitions of partisan candidates and the	3293
nominating petitions of independent candidates for the office of	3294
clerk of the Akron municipal court shall be signed by at least	3295
fifty qualified electors of the territory of the court.	3296

The candidates shall file a declaration of candidacy and	3297
petition, or a nominating petition, whichever is applicable, not	3298
later than four p.m. of the seventy-fifth day before the day of	3299
the primary election, in the form prescribed by section 3513.07 or	3300
3513.261 of the Revised Code. The declaration of candidacy and	3301
petition, or the nominating petition, shall conform to the	3302
applicable requirements of section 3513.05 or 3513.257 of the	3303
Revised Code.	3304

If no valid declaration of candidacy and petition is filed by	3305
any person for nomination as a candidate of a particular political	3306
party for election to the office of clerk of the Akron municipal	3307
court, a primary election shall not be held for the purpose of	3308
nominating a candidate of that party for election to that office.	3309
If only one person files a valid declaration of candidacy and	3310
petition for nomination as a candidate of a particular political	3311
party for election to that office, a primary election shall not be	3312
held for the purpose of nominating a candidate of that party for	3313
election to that office, and the candidate shall be issued a	3314
certificate of nomination in the manner set forth in section	3315
3513.02 of the Revised Code.	3316

Declarations of candidacy and petitions, nominating	3317
petitions, and certificates of nomination for the office of clerk	3318
of the Akron municipal court shall contain a designation of the	3319
term for which the candidate seeks election. At the following	3320
regular municipal election, all candidates for the office shall be	3321
submitted to the qualified electors of the territory of the court	3322
in the manner that is provided in section 1901.07 of the Revised	3323
Code for the election of the judges of the court. The clerk so	3324
elected shall hold office for a term of six years, which term	3325
shall commence on the first day of January following the clerk's	3326
election and continue until the clerk's successor is elected and	3327
qualified.	3328

(e) Except as otherwise provided in division (A)(1)(e) of	3329
this section, in the Barberton municipal court, candidates for	3330
election to the office of clerk of the court shall be nominated by	3331
primary election. The primary election shall be held on the day	3332
specified in the charter of the city of Barberton for the	3333
nomination of municipal officers. Notwithstanding any contrary	3334
provision of section 3513.05 or 3513.257 of the Revised Code, the	3335
declarations of candidacy and petitions of partisan candidates and	3336
the nominating petitions of independent candidates for the office	3337
of clerk of the Barberton municipal court shall be signed by at	3338
least fifty qualified electors of the territory of the court.	3339

The candidates shall file a declaration of candidacy and	3340
petition, or a nominating petition, whichever is applicable, not	3341
later than four p.m. of the seventy-fifth day before the day of	3342
the primary election, in the form prescribed by section 3513.07 or	3343
3513.261 of the Revised Code. The declaration of candidacy and	3344
petition, or the nominating petition, shall conform to the	3345
applicable requirements of section 3513.05 or 3513.257 of the	3346
Revised Code.	3347

If no valid declaration of candidacy and petition is filed by	3348
any person for nomination as a candidate of a particular political	3349
party for election to the office of clerk of the Barberton	3350
municipal court, a primary election shall not be held for the	3351
purpose of nominating a candidate of that party for election to	3352
that office. If only one person files a valid declaration of	3353
candidacy and petition for nomination as a candidate of a	3354
particular political party for election to that office, a primary	3355
election shall not be held for the purpose of nominating a	3356
candidate of that party for election to that office, and the	3357
candidate shall be issued a certificate of nomination in the	3358
manner set forth in section 3513.02 of the Revised Code.	3359

Declarations of candidacy and petitions, nominating	3360
petitions, and certificates of nomination for the office of clerk	3361
of the Barberton municipal court shall contain a designation of	3362
the term for which the candidate seeks election. At the following	3363
regular municipal election, all candidates for the office shall be	3364
submitted to the qualified electors of the territory of the court	3365
in the manner that is provided in section 1901.07 of the Revised	3366
Code for the election of the judges of the court. The clerk so	3367
elected shall hold office for a term of six years, which term	3368
shall commence on the first day of January following the clerk's	3369
election and continue until the clerk's successor is elected and	3370
qualified.	3371

(f)(i) Through December 31, 2008, except as otherwise	3372
provided in division (A)(1)(f)(i) of this section, in the Cuyahoga	3373
Falls municipal court, candidates for election to the office of	3374
clerk of the court shall be nominated by primary election. The	3375
primary election shall be held on the day specified in the charter	3376
of the city of Cuyahoga Falls for the nomination of municipal	3377
officers. Notwithstanding any contrary provision of section	3378
3513.05 or 3513.257 of the Revised Code, the declarations of	3379
candidacy and petitions of partisan candidates and the nominating	3380
petitions of independent candidates for the office of clerk of the	3381
Cuyahoga Falls municipal court shall be signed by at least fifty	3382
qualified electors of the territory of the court.	3383

The candidates shall file a declaration of candidacy and	3384
petition, or a nominating petition, whichever is applicable, not	3385
later than four p.m. of the seventy-fifth day before the day of	3386
the primary election, in the form prescribed by section 3513.07 or	3387
3513.261 of the Revised Code. The declaration of candidacy and	3388
petition, or the nominating petition, shall conform to the	3389
applicable requirements of section 3513.05 or 3513.257 of the	3390
Revised Code.	3391

If no valid declaration of candidacy and petition is filed by	3392
any person for nomination as a candidate of a particular political	3393
party for election to the office of clerk of the Cuyahoga Falls	3394
municipal court, a primary election shall not be held for the	3395
purpose of nominating a candidate of that party for election to	3396
that office. If only one person files a valid declaration of	3397
candidacy and petition for nomination as a candidate of a	3398
particular political party for election to that office, a primary	3399
election shall not be held for the purpose of nominating a	3400
candidate of that party for election to that office, and the	3401
candidate shall be issued a certificate of nomination in the	3402
manner set forth in section 3513.02 of the Revised Code.	3403

Declarations of candidacy and petitions, nominating	3404
petitions, and certificates of nomination for the office of clerk	3405
of the Cuyahoga Falls municipal court shall contain a designation	3406
of the term for which the candidate seeks election. At the	3407
following regular municipal election, all candidates for the	3408
office shall be submitted to the qualified electors of the	3409
territory of the court in the manner that is provided in section	3410
1901.07 of the Revised Code for the election of the judges of the	3411
court. The clerk so elected shall hold office for a term of six	3412
years, which term shall commence on the first day of January	3413
following the clerk's election and continue until the clerk's	3414
successor is elected and qualified.	3415

(ii) Division (A)(1)(f)(i) of this section shall have no	3416
effect after December 31, 2008.	3417

(g) Except as otherwise provided in division (A)(1)(g) of	3418
this section, in the Toledo municipal court, candidates for	3419
election to the office of clerk of the court shall be nominated by	3420
primary election. The primary election shall be held on the day	3421
specified in the charter of the city of Toledo for the nomination	3422
of municipal officers. Notwithstanding any contrary provision of	3423
section 3513.05 or 3513.257 of the Revised Code, the declarations	3424
of candidacy and petitions of partisan candidates and the	3425
nominating petitions of independent candidates for the office of	3426
clerk of the Toledo municipal court shall be signed by at least	3427
fifty qualified electors of the territory of the court.	3428

The candidates shall file a declaration of candidacy and	3429
petition, or a nominating petition, whichever is applicable, not	3430
later than four p.m. of the seventy-fifth day before the day of	3431
the primary election, in the form prescribed by section 3513.07 or	3432
3513.261 of the Revised Code. The declaration of candidacy and	3433
petition, or the nominating petition, shall conform to the	3434
applicable requirements of section 3513.05 or 3513.257 of the	3435
Revised Code.	3436

If no valid declaration of candidacy and petition is filed by	3437
any person for nomination as a candidate of a particular political	3438
party for election to the office of clerk of the Toledo municipal	3439
court, a primary election shall not be held for the purpose of	3440
nominating a candidate of that party for election to that office.	3441
If only one person files a valid declaration of candidacy and	3442
petition for nomination as a candidate of a particular political	3443
party for election to that office, a primary election shall not be	3444
held for the purpose of nominating a candidate of that party for	3445
election to that office, and the candidate shall be issued a	3446
certificate of nomination in the manner set forth in section	3447
3513.02 of the Revised Code.	3448

Declarations of candidacy and petitions, nominating	3449
petitions, and certificates of nomination for the office of clerk	3450
of the Toledo municipal court shall contain a designation of the	3451
term for which the candidate seeks election. At the following	3452
regular municipal election, all candidates for the office shall be	3453
submitted to the qualified electors of the territory of the court	3454
in the manner that is provided in section 1901.07 of the Revised	3455
Code for the election of the judges of the court. The clerk so	3456
elected shall hold office for a term of six years, which term	3457
shall commence on the first day of January following the clerk's	3458
election and continue until the clerk's successor is elected and	3459
qualified.	3460

(2)(a) Except for the Alliance, Auglaize county, Brown	3461
county, Columbiana county, Holmes county, Lorain, Massillon, and	3462
Youngstown municipal courts, in a municipal court for which the	3463
population of the territory is less than one hundred thousand, the	3464
clerk shall be appointed by the court, and the clerk shall hold	3465
office until the clerk's successor is appointed and qualified.	3466

(b) In the Alliance, Lorain, Massillon, and Youngstown	3467
municipal courts, the clerk shall be elected for a term of office	3468
as described in division (A)(1)(a) of this section.	3469

(c) In the Auglaize county, Brown county, and Holmes county	3470
municipal courts, the clerks of courts of Auglaize county, Brown	3471
county, and Holmes county shall be the clerks, respectively, of	3472
the Auglaize county, Brown county, and Holmes county municipal	3473
courts and may appoint a chief deputy clerk for each branch office	3474
that is established pursuant to section 1901.311 of the Revised	3475
Code, and assistant clerks as the judge of the court determines	3476
are necessary, all of whom shall receive the compensation that the	3477
legislative authority prescribes. The clerks of courts of Auglaize	3478
county, Brown county, and Holmes county, acting as the clerks of	3479
the Auglaize county, Brown county, and Holmes county municipal	3480
courts and assuming the duties of these offices, shall receive	3481
compensation payable from the county treasury in semimonthly	3482
installments at one-fourth the rate that is prescribed for the	3483
clerks of courts of common pleas as determined in accordance with	3484
the population of the county and the rates set forth in sections	3485
325.08 and 325.18 of the Revised Code.	3486

(d) In the Columbiana county municipal court, the clerk of	3487
courts of Columbiana county shall be the clerk of the municipal	3488
court, may appoint a chief deputy clerk for each branch office	3489
that is established pursuant to section 1901.311 of the Revised	3490
Code, and may appoint any assistant clerks that the judges of the	3491
court determine are necessary. All of the chief deputy clerks and	3492
assistant clerks shall receive the compensation that the	3493
legislative authority prescribes. The clerk of courts of	3494
Columbiana county, acting as the clerk of the Columbiana county	3495
municipal court and assuming the duties of that office, shall	3496
receive in either biweekly installments or semimonthly	3497
installments, as determined by the payroll administrator,	3498
compensation payable from the county treasury at one-fourth the	3499
rate that is prescribed for the clerks of courts of common pleas	3500
as determined in accordance with the population of the county and	3501
the rates set forth in sections 325.08 and 325.18 of the Revised	3502
Code.	3503

(3) During the temporary absence of the clerk due to illness,	3504
vacation, or other proper cause, the court may appoint a temporary	3505
clerk, who shall be paid the same compensation, have the same	3506
authority, and perform the same duties as the clerk.	3507

(B) Except in the Hamilton county, Portage county, and Wayne	3508
county municipal courts, if a vacancy occurs in the office of the	3509
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal	3510
court or occurs in the office of the clerk of a municipal court	3511
for which the population of the territory equals or exceeds one	3512
hundred thousand because the clerk ceases to hold the office	3513
before the end of the clerk's term or because a clerk-elect fails	3514
to take office, the vacancy shall be filled, until a successor is	3515
elected and qualified, by a person chosen by the residents of the	3516
territory of the court who are members of the county central	3517
committee of the political party by which the last occupant of	3518
that office or the clerk-elect was nominated. Not less than five	3519
nor more than fifteen days after a vacancy occurs, those members	3520
of that county central committee shall meet to make an appointment	3521
to fill the vacancy. At least four days before the date of the	3522
meeting, the chairperson or a secretary of the county central	3523
committee shall notify each such member of that county central	3524
committee by first class mail of the date, time, and place of the	3525
meeting and its purpose. A majority of all such members of that	3526
county central committee constitutes a quorum, and a majority of	3527
the quorum is required to make the appointment. If the office so	3528
vacated was occupied or was to be occupied by a person not	3529
nominated at a primary election, or if the appointment was not	3530
made by the committee members in accordance with this division,	3531
the court shall make an appointment to fill the vacancy. A	3532
successor shall be elected to fill the office for the unexpired	3533
term at the first municipal election that is held more than one	3534
hundred twenty days after the vacancy occurred.	3535

(C)(1) In a municipal court, other than the Auglaize county,	3536
the Brown county, the Columbiana county, the Holmes county, and	3537
the Lorain municipal courts, for which the population of the	3538
territory is less than one hundred thousand, the clerk of the	3539
municipal court shall receive the annual compensation that the	3540
presiding judge of the court prescribes, if the revenue of the	3541
court for the preceding calendar year, as certified by the auditor	3542
or chief fiscal officer of the municipal corporation in which the	3543
court is located or, in the case of a county-operated municipal	3544
court, the county auditor, is equal to or greater than the	3545
expenditures, including any debt charges, for the operation of the	3546
court payable under this chapter from the city treasury or, in the	3547
case of a county-operated municipal court, the county treasury for	3548
that calendar year, as also certified by the auditor or chief	3549
fiscal officer. If the revenue of a municipal court, other than	3550
the Auglaize county, the Brown county, the Columbiana county, and	3551
the Lorain municipal courts, for which the population of the	3552
territory is less than one hundred thousand for the preceding	3553
calendar year as so certified is not equal to or greater than	3554
those expenditures for the operation of the court for that	3555
calendar year as so certified, the clerk of a municipal court	3556
shall receive the annual compensation that the legislative	3557
authority prescribes. As used in this division, "revenue" means	3558
the total of all costs and fees that are collected and paid to the	3559
city treasury or, in a county-operated municipal court, the county	3560
treasury by the clerk of the municipal court under division (F) of	3561
this section and all interest received and paid to the city	3562
treasury or, in a county-operated municipal court, the county	3563
treasury in relation to the costs and fees under division (G) of	3564
this section.	3565

(2) In a municipal court, other than the Hamilton county,	3566
Portage county, and Wayne county municipal courts, for which the	3567
population of the territory is one hundred thousand or more, and	3568
in the Lorain municipal court, the clerk of the municipal court	3569
shall receive annual compensation in a sum equal to eighty-five	3570
per cent of the salary of a judge of the court.	3571

(3) The compensation of a clerk described in division (C)(1)	3572
or (2) of this section is payable in semimonthly installments from	3573
the same sources and in the same manner as provided in section	3574
1901.11 of the Revised Code, except that the compensation of the	3575
clerk of the Carroll county municipal court is payable in biweekly	3576
installments.	3577

(D) Before entering upon the duties of the clerk's office,	3578
the clerk of a municipal court shall give bond of not less than	3579
six thousand dollars to be determined by the judges of the court,	3580
conditioned upon the faithful performance of the clerk's duties.	3581

(E) The clerk of a municipal court may do all of the	3582
following: administer oaths, take affidavits, and issue executions	3583
upon any judgment rendered in the court, including a judgment for	3584
unpaid costs; issue, sign, and attach the seal of the court to all	3585
writs, process, subpoenas, and papers issuing out of the court;	3586
and approve all bonds, sureties, recognizances, and undertakings	3587
fixed by any judge of the court or by law. The clerk may refuse to	3588
accept for filing any pleading or paper submitted for filing by a	3589
person who has been found to be a vexatious litigator under	3590
section 2323.52 of the Revised Code and who has failed to obtain	3591
leave to proceed under that section. The clerk shall do all of the	3592
following: file and safely keep all journals, records, books, and	3593
papers belonging or appertaining to the court; record the	3594
proceedings of the court; perform all other duties that the judges	3595
of the court may prescribe; and keep a book showing all receipts	3596
and disbursements, which book shall be open for public inspection	3597
at all times.	3598

The clerk shall prepare and maintain a general index, a	3599
docket, and other records that the court, by rule, requires, all	3600
of which shall be the public records of the court. In the docket,	3601
the clerk shall enter, at the time of the commencement of an	3602
action, the names of the parties in full, the names of the	3603
counsel, and the nature of the proceedings. Under proper dates,	3604
the clerk shall note the filing of the complaint, issuing of	3605
summons or other process, returns, and any subsequent pleadings.	3606
The clerk also shall enter all reports, verdicts, orders,	3607
judgments, and proceedings of the court, clearly specifying the	3608
relief granted or orders made in each action. The court may order	3609
an extended record of any of the above to be made and entered,	3610
under the proper action heading, upon the docket at the request of	3611
any party to the case, the expense of which record may be taxed as	3612
costs in the case or may be required to be prepaid by the party	3613
demanding the record, upon order of the court.	3614

(F) ~~The~~(1) Except as provided otherwise in division (F)(2)	3615
of this section, the clerk of a municipal court shall receive,	3616
collect, and issue receipts for all costs, fees, fines, bail, and	3617
other moneys payable to the office or to any officer of the court	3618
in accordance with division (F)(1) of this section. The clerk	3619
shall each month disburse to the proper persons or officers, and	3620
take receipts for, all costs, fees, fines, bail, and other moneys	3621
that the clerk collects. Subject to sections 3375.50 and 4511.193	3622
of the Revised Code and to any other section of the Revised Code	3623
that requires a specific manner of disbursement of any moneys	3624
received by a municipal court and except for the Hamilton county,	3625
Lawrence county, and Ottawa county municipal courts, the clerk	3626
shall pay all fines received for violation of municipal ordinances	3627
into the treasury of the municipal corporation the ordinance of	3628
which was violated and shall pay all fines received for violation	3629
of township resolutions adopted pursuant to section 503.52 or	3630
503.53 or Chapter 504. of the Revised Code into the treasury of	3631
the township the resolution of which was violated. Subject to	3632
sections 1901.024 and 4511.193 of the Revised Code, in the	3633
Hamilton county, Lawrence county, and Ottawa county municipal	3634
courts, the clerk shall pay fifty per cent of the fines received	3635
for violation of municipal ordinances and fifty per cent of the	3636
fines received for violation of township resolutions adopted	3637
pursuant to section 503.52 or 503.53 or Chapter 504. of the	3638
Revised Code into the treasury of the county. Subject to sections	3639
3375.50, 3375.53, 4511.19, and 5503.04 of the Revised Code and to	3640
any other section of the Revised Code that requires a specific	3641
manner of disbursement of any moneys received by a municipal	3642
court, the clerk shall pay all fines collected for the violation	3643
of state laws into the county treasury. Except in a	3644
county-operated municipal court, the clerk shall pay all costs and	3645
fees the disbursement of which is not otherwise provided for in	3646
the Revised Code into the city treasury. The clerk of a	3647
county-operated municipal court shall pay the costs and fees the	3648
disbursement of which is not otherwise provided for in the Revised	3649
Code into the county treasury. Moneys deposited as security for	3650
costs shall be retained pending the litigation. The clerk shall	3651
keep a separate account of all receipts and disbursements in civil	3652
and criminal cases, which shall be a permanent public record of	3653
the office. On the expiration of the term of the clerk, the clerk	3654
shall deliver the records to the clerk's successor. The clerk	3655
shall have other powers and duties as are prescribed by rule or	3656
order of the court.	3657

(2)(a) The clerk of a municipal court shall pay to the	3658
treasurer of a municipal corporation one-half of all costs, fees,	3659
and fines collected as a result of summonses issued by law	3660
enforcement officers of the municipal corporation in cases that	3661
before January 1, 2009, would have been heard in the mayor's court	3662
of the municipal corporation and that would have been payable to	3663
the municipal treasury if either of the following applies:	3664

(i) The mayor's court was abolished, the cases in that	3665
mayor's court were transferred to the municipal court under	3666
division (B) of section 1905.42 of the Revised Code, the	3667
municipal corporation had its own police force at the time of	3668
abolition of the mayor's court, and the municipal corporation has	3669
a population of more than five hundred according to the most	3670
recent federal decennial census.	3671

(ii) The legislative authority of the municipal corporation	3672
elected to transfer its cases to the municipal court under	3673
division (C)(1)(b) of section 1905.42 of the Revised Code.	3674

(b) The clerk shall disburse one-half of such costs, fees,	3675
and fines in accordance with division (F)(1) of this section.	3676

(G) All moneys paid into a municipal court shall be noted on	3677
the record of the case in which they are paid and shall be	3678
deposited in a state or national bank, or a domestic savings and	3679
loan association, as defined in section 1151.01 of the Revised	3680
Code, that is selected by the clerk. Any interest received upon	3681
the deposits shall be paid into the city treasury, except that, in	3682
a county-operated municipal court, the interest shall be paid into	3683
the treasury of the county in which the court is located.	3684

On the first Monday in January of each year, the clerk shall	3685
make a list of the titles of all cases in the court that were	3686
finally determined more than one year past in which there remains	3687
unclaimed in the possession of the clerk any funds, or any part of	3688
a deposit for security of costs not consumed by the costs in the	3689
case. The clerk shall give notice of the moneys to the parties who	3690
are entitled to the moneys or to their attorneys of record. All	3691
the moneys remaining unclaimed on the first day of April of each	3692
year shall be paid by the clerk to the city treasurer, except	3693
that, in a county-operated municipal court, the moneys shall be	3694
paid to the treasurer of the county in which the court is located.	3695
The treasurer shall pay any part of the moneys at any time to the	3696
person who has the right to the moneys upon proper certification	3697
of the clerk.	3698

(H) Deputy clerks of a municipal court other than the Carroll	3699
county municipal court may be appointed by the clerk and shall	3700
receive the compensation, payable in either biweekly installments	3701
or semimonthly installments, as determined by the payroll	3702
administrator, out of the city treasury, that the clerk may	3703
prescribe, except that the compensation of any deputy clerk of a	3704
county-operated municipal court shall be paid out of the treasury	3705
of the county in which the court is located. The judge of the	3706
Carroll county municipal court may appoint deputy clerks for the	3707
court, and the deputy clerks shall receive the compensation,	3708
payable in biweekly installments out of the county treasury, that	3709
the judge may prescribe. Each deputy clerk shall take an oath of	3710
office before entering upon the duties of the deputy clerk's	3711
office and, when so qualified, may perform the duties appertaining	3712
to the office of the clerk. The clerk may require any of the	3713
deputy clerks to give bond of not less than three thousand	3714
dollars, conditioned for the faithful performance of the deputy	3715
clerk's duties.	3716

(I) For the purposes of this section, whenever the population	3717
of the territory of a municipal court falls below one hundred	3718
thousand but not below ninety thousand, and the population of the	3719
territory prior to the most recent regular federal census exceeded	3720
one hundred thousand, the legislative authority of the municipal	3721
corporation may declare, by resolution, that the territory shall	3722
be considered to have a population of at least one hundred	3723
thousand.	3724

(J) The clerk or a deputy clerk shall be in attendance at all	3725
sessions of the municipal court, although not necessarily in the	3726
courtroom, and may administer oaths to witnesses and jurors and	3727
receive verdicts.	3728

Sec. 1901.42. The chief of police, or a police officer	3729
designated by the chief of police, of the city or village in which	3730
a municipal court is located or the marshal of the village in	3731
which a municipal court is located shall attend the sittings of	3732
the municipal court to execute the orders and process of the court	3733
and to preserve order in it. The chief of police, designated	3734
police officer, or marshal shall execute and return all writs and	3735
process directed to the chief, officer, or marshal by the court.	3736
The jurisdiction of the chief of police, designated police	3737
officer, or marshal in the execution of the writs and process of	3738
the court is coextensive with the county in criminal cases and in	3739
cases of violations of ordinances of the municipal corporation.	3740

Sec. 1905.41. (A) There is hereby created on January 1,	3741
2009, a community court in each municipal corporation that on the	3742
effective date of this section has a legally functioning mayor's	3743
court, according to the most recent federal decennial census has a	3744
population of one thousand six hundred or more, and elects	3745
pursuant to division (C) of section 1905.42 of the Revised Code to	3746
have a community court.	3747

(B) A community court is a court of record and is subject to	3748
superintendence by the supreme court and rules prescribed by the	3749
supreme court under Section 5 of Article IV of the Ohio	3750
Constitution.	3751

(C)(1) The judge of the municipal court or county court that	3752
has territorial jurisdiction over the municipal corporation in	3753
which a community court is located, or the administrative judge	3754
of the court if the court has more than one judge, after	3755
consulting with the mayor and the legislative authority of the	3756
municipal corporation shall appoint one or more magistrates to	3757
preside over the community court. If the municipal corporation	3758
lies within the territorial jurisdiction of more than one	3759
municipal court or county court, the judge or administrative judge	3760
of the court that has within its territory the largest number of	3761
residents of the municipal corporation after consulting with the	3762
legislative authority of the municipal corporation shall appoint	3763
the magistrate or magistrates. No person shall be appointed as a	3764
community court magistrate unless the person has been admitted to	3765
the practice of law in this state and, for a total of at least	3766
four years preceding the person's appointment or the commencement	3767
of the person's service as magistrate, has been engaged in the	3768
practice of law in this state or served as a judge of a court of	3769
record in any jurisdiction in the United States, or both. A	3770
magistrate of a community court shall serve at the pleasure of	3771
the appointing judge or that judge's successor. If a municipal	3772
corporation that has a community court lies within the territorial	3773
jurisdiction of more than one municipal or county court and if a	3774
decennial census shows that the largest number of residents of	3775
the municipal corporation no longer reside in the territory of	3776
the appointing judge's court, the magistrate or magistrates of	3777
the community court shall serve at the pleasure of the judge or	3778
administrative judge of the court that according to the census has	3779
within its territory the largest number of residents of the	3780
municipal corporation or that judge's successor.	3781

(2) The legislative authority of a municipal corporation in	3782
which a community court that is created pursuant to this section	3783
is located may by resolution recommend to the judge having	3784
authority to appoint the magistrates of the court that a	3785
magistrate be removed from office if the legislative authority	3786
believes that the magistrate is not performing the magistrate's	3787
official duties in accordance with standards for magistrates	3788
established by the supreme court.	3789

(D) The legislative authority of a municipal corporation that	3790
has a community court that is created pursuant to this section	3791
shall appoint a clerk of the community court. The clerk shall	3792
serve at the pleasure of the legislative authority and shall	3793
receive compensation as set by the legislative authority. The	3794
compensation shall be payable in semimonthly installments from the	3795
treasury of the municipal corporation. Before entering upon the	3796
duties of the office, an appointed clerk shall give bond of not	3797
less than five thousand dollars, as determined by the legislative	3798
authority of the municipal corporation, conditioned upon the	3799
faithful performance of the clerk's duties. The clerk shall have	3800
the same powers and duties as a clerk of a county court.	3801

Sec. 1905.42. (A) All mayor's courts shall cease to exist at	3802
the end of the day on December 31, 2008.	3803

(B) All proceedings pending in the mayor's court of a	3804
municipal corporation that on December 31, 2008, had a population	3805
of less than one thousand six hundred according to the most recent	3806
federal decennial census, except for proceedings in a mayor's	3807
court that is located on an island in Lake Erie, shall be	3808
transferred to the municipal court or the county court that has	3809
territorial jurisdiction over that municipal corporation.	3810

(C)(1) Within ninety days after the effective date of this	3811
section, the legislative authority of a municipal corporation that	3812
had a legally functioning mayor's court on that effective date and	3813
either is located on an island in Lake Erie or according to the	3814
most recent federal decennial census has a population of one	3815
thousand six hundred or more shall elect to do one of the	3816
following:	3817

(a) To have a community court;

3818

(b) To not have a community court and to have all proceedings	3819
pending in the mayor's court transferred to the municipal court or	3820
county court that has territorial jurisdiction over the municipal	3821
corporation.	3822

(2) A legislative authority shall make an election under	3823
division (C)(1) of this section by resolution adopted and filed	3824
with the supreme court and with the municipal court or county	3825
court that has territorial jurisdiction over the municipal	3826
corporation not later than ninety days after the effective date	3827
of this section. If a legislative authority of a municipal	3828
corporation fails to make a timely election under division (C) of	3829
this section, the municipal corporation shall not have a	3830
community court, and all proceedings pending on December 31,	3831
2008, in the mayor's court of that municipal corporation shall be	3832
transferred to the municipal court or county court that has	3833
territorial jurisdiction over the municipal corporation.	3834

(D) At any time after January 1, 2009, the legislative	3835
authority of a municipal corporation that does not have a	3836
community court and that has a population of one thousand six	3837
hundred or more according to the most recent federal decennial	3838
census may adopt a resolution electing to establish a community	3839
court and file the resolution with the supreme court. Upon the	3840
filing of the resolution with the supreme court, the community	3841
court is established and shall hear and determine cases within its	3842
jurisdiction that arise on and after the establishment of the	3843
court.	3844

(E)(1) Except as provided in division (E)(2) of this section,	3845
if the population of a municipal corporation served by a community	3846
court that is created pursuant to this section falls below one	3847
thousand six hundred according to the most recent federal	3848
decennial census, the community court shall cease to exist sixty	3849
days after the official release of the census, and all causes,	3850
executions, and other proceedings then pending in the community	3851
court shall be transferred to the municipal court or county court	3852
that has territorial jurisdiction over the municipal corporation.	3853
The causes, executions, and other proceedings shall proceed as if	3854
originally instituted in the transferee court. Parties to those	3855
causes, executions, and proceedings may make any amendments to	3856
their pleadings that are required to conform them to the rules of	3857
the transferee court. The clerk or other custodian of the records	3858
of the community court shall transfer to the transferee court all	3859
pleadings, orders, entries, dockets, bonds, papers, records,	3860
books, exhibits, files, moneys, property, and persons that belong	3861
to, are in the possession of, or are subject to the jurisdiction	3862
of the community court, or any officer of that court, at the	3863
close of business on the sixtieth day after the release of the	3864
census and that pertain to those causes, executions, and	3865
proceedings.	3866

(2) If the population of a municipal corporation served by a	3867
community court that is created pursuant to this section falls	3868
below one thousand six hundred according to the most recent	3869
federal decennial census, the legislative authority of the	3870
municipal corporation may by resolution adopted and filed with	3871
the supreme court not later than thirty days after the official	3872
release of the census request that the supreme court authorize	3873
the continued existence of the community court until the next	3874
federal decennial census. The supreme court, after considering	3875
the population of the municipal corporation, the caseload of the	3876
community court, and any other factors that it considers	3877
relevant, shall determine whether the community court should	3878
continue to exist and shall serve written notice of its	3879
determination on the legislative authority of the municipal	3880
corporation. If the supreme court determines that the community	3881
court should not continue to exist, the community court shall	3882
cease to exist sixty days after service of the supreme court's	3883
determination, and all causes, executions, and other proceedings	3884
then pending in the community court shall be transferred to the	3885
appropriate municipal court or county court in the manner provided	3886
in division (E)(1) of this section.	3887

(F) Division (E) of this section does not apply to a	3888
municipal corporation or community court that is located on an	3889
island in Lake Erie.	3890

(G) Nothing in this section shall preclude a municipal	3891
corporation from seeking the establishment pursuant to statute of	3892
a municipal court for the municipal corporation.	3893

Sec. 1905.43. (A) As used in this section, "urban township"	3894
means a township that has a population of fifteen thousand or	3895
more and that adopts a limited home rule government under section	3896
504.01 of the Revised Code.	3897

(B)(1) On or after January 1, 2009, the legislative authority	3898
of an urban township may establish a community court by adopting a	3899
resolution to establish a community court and filing the	3900
resolution with the supreme court. Upon the filing of the	3901
resolution with the supreme court, the community court is	3902
established and shall hear and determine cases within its	3903
jurisdiction that arise on and after the establishment of the	3904
court. The community court shall have jurisdiction to hear and	3905
determine all of the following:	3906

(a) Noncriminal cases arising under resolutions adopted	3907
pursuant to section 504.04 of the Revised Code by the urban	3908
township that establishes the court;	3909

(b) Forcible entry and detainer actions brought under Chapter	3910
1923. of the Revised Code that arise within the township;	3911

(c) Criminal actions arising under resolutions adopted	3912
pursuant to section 503.52 or 503.53 or division (E) of section	3913
504.04 of the Revised Code by the urban township that establishes	3914
the court, provided that jurisdiction is subject to the same	3915
limitations and conditions that apply to the community court of a	3916
municipal corporation under sections 1905.44 and 1905.45 of the	3917
Revised Code.	3918

(2) A community court of an urban township has jurisdiction	3919
within the township, excluding the territory of any municipal	3920
corporation within the township that has its own community court.	3921

(3) The judge of the municipal court or county court that has	3922
territorial jurisdiction over the urban township in which a	3923
community court is located, or the administrative judge of the	3924
court if the court has more than one judge, shall appoint a	3925
magistrate to preside over the community court. If the township	3926
lies within the territorial jurisdiction of more than one	3927
municipal court or county court, the judge or administrative judge	3928
of the court that has within its territory the largest number of	3929
residents of the township shall appoint the magistrate. No person	3930
shall be appointed as a community court magistrate unless the	3931
person has been admitted to the practice of law in this state and,	3932
for a total of at least four years preceding the person's	3933
appointment or the commencement of the person's service as	3934
magistrate, has been engaged in the practice of law in this state	3935
or served as a judge of a court of record in any jurisdiction in	3936
the United States, or both. The magistrate of a community court	3937
shall serve at the pleasure of the appointing judge or that	3938
judge's successor. If a township lies within the territorial	3939
jurisdiction of more than one municipal court or county court and	3940
if a decennial census shows that the largest number of residents	3941
of the township no longer reside in the territory of the	3942
appointing judge's court, the magistrate shall serve at the	3943
pleasure of the judge or administrative judge of the court that	3944
according to the census has within its territory the largest	3945
number of residents of the township or that judge's successor.	3946

(4) The legislative authority of an urban township that has a	3947
community court, with the concurrence of the magistrate of that	3948
court, may appoint a clerk of the community court. The clerk shall	3949
serve at the pleasure of the legislative authority and shall	3950
receive compensation as set by the legislative authority. The	3951
compensation shall be payable in semimonthly installments from the	3952
treasury of the township. Before entering upon the duties of the	3953
office, an appointed clerk shall give bond of not less than five	3954
thousand dollars, as determined by the legislative authority of	3955
the township, conditioned upon the faithful performance of the	3956
clerk's duties. The clerk shall have the same powers and duties as	3957
a clerk of a county court.	3958

(C)(1) Within ninety days after the effective date of this	3959
section, the legislative authority of a municipal corporation that	3960
had a legally functioning mayor's court on that effective date or	3961
on December 31, 2008, whichever is earlier, and according to the	3962
most recent federal decennial census had a population of less than	3963
one thousand six hundred and the legislative authority of an urban	3964
township may by municipal ordinance and township resolution agree	3965
to enter into a contract for the creation on or after January 1,	3966
2009, of a community court having territorial jurisdiction over	3967
the municipal corporation and the unincorporated areas of the	3968
township if the territory of the municipal corporation adjoins the	3969
territory of the township and all of the territory of the	3970
municipal corporation and of the township is within the	3971
territorial jurisdiction of a single municipal court or county	3972
court. The ordinance and resolution shall express the intent to	3973
enter into the contract and shall indicate the other municipal	3974
corporation or township with which the municipal corporation or	3975
township intends to contract. The municipal corporation shall	3976
provide a copy of the ordinance and the township shall provide a	3977
copy of the resolution to the supreme court.	3978

(2) Within ninety days after the effective date of this	3979
section, the legislative authority of a municipal corporation that	3980
had a legally functioning mayor's court on that effective date or	3981
on December 31, 2008, whichever is earlier, and according to the	3982
most recent federal decennial census had a population of less than	3983
one thousand six hundred and the legislative authority of a	3984
municipal corporation that elects to have a community court under	3985
division (C)(1) of section 1905.42 of the Revised Code may by	3986
ordinance adopted by each of the municipal corporations agree to	3987
enter into a contract for the creation on or after January 1,	3988
2009, of a community court having territorial jurisdiction over	3989
both municipal corporations if the territory of the municipal	3990
corporations adjoin and all of the territory of the two municipal	3991
corporations is within the territorial jurisdiction of a single	3992
municipal court or county court. Each ordinance shall express the	3993
intent to enter into the contract and shall indicate the other	3994
municipal corporation with which the municipal corporation intends	3995
to contract. Each municipal corporation shall provide a copy of	3996
its ordinance to the supreme court.	3997

(3) Within ninety days after the effective date of this	3998
section, the legislative authorities of two municipal corporations	3999
that elect to have a community court under division (C)(1) of	4000
section 1905.42 of the Revised Code may by ordinance adopted by	4001
each of the municipal corporations agree to enter into a contract	4002
for the creation on or after January 1, 2009, of a community court	4003
having territorial jurisdiction over both municipal corporations	4004
if the territory of the municipal corporations adjoin and all of	4005
the territory of the municipal corporations is within the	4006
territorial jurisdiction of a single municipal court or county	4007
court. Each ordinance shall express the intent to enter into the	4008
contract and shall indicate the other municipal corporation with	4009
which the municipal corporation intends to contract. Each	4010
municipal corporation shall provide a copy of its ordinance to the	4011
supreme court.	4012

(D) The legislative authority of each of the contracting	4013
municipal corporations and townships shall approve a contract	4014
creating a community court under division (C) of this section and	4015
shall approve the contract within one hundred eighty days after	4016
the effective date of this section. The contract shall provide for	4017
all of the following:	4018

(1) The location of the community court;

4019

(2) The manner in which the costs of establishing and	4020
operating the court will be shared and the manner in which the	4021
money collected by the court will be distributed, which shall be	4022
consistent with all provisions of the Revised Code that require	4023
the distribution of portions of that money to specific funds;	4024

(3) The manner in which employees of the court other than the	4025
magistrate or magistrates shall be appointed;	4026

(4) The police officer who will attend or who will designate	4027
an officer to attend sittings of the court for the purposes set	4028
forth in section 1905.47 of the Revised Code.	4029

(E)(1) Before the legislative authority of a municipal	4030
corporation or urban township passes an ordinance or resolution	4031
approving a contract to create a community court pursuant to this	4032
section, the legislative authority of each contracting municipal	4033
corporation or township shall hold a public hearing concerning the	4034
contract and shall provide public notice at least thirty days in	4035
advance of the time and place of the public hearing in a	4036
newspaper of general circulation within the territory of the	4037
contracting municipal corporation or township. A board of	4038
township trustees may provide additional notice to township	4039
residents in accordance with section 9.03 of the Revised Code,	4040
and any additional notice shall include the public hearing	4041
announcement, a summary of the terms of the contract, a statement	4042
that the entire text of the contract is on file for public	4043
examination in the office of the township fiscal officer, and	4044
information pertaining to any tax changes that will or may occur	4045
as a result of the contract.	4046

(2) During the thirty-day period prior to the public hearing,	4047
a copy of the text of the contract shall be on file for public	4048
examination in the office of the clerk of the legislative	4049
authority of the municipal corporation or of the township fiscal	4050
officer. The public hearing shall allow for public comment and	4051
recommendations from the public on the proposed contract. The	4052
contracting municipal corporations and townships may include in	4053
the contract any of those recommendations prior to the approval of	4054
the contract.	4055

(F) The legislative authority of a municipal corporation or	4056
urban township may enter into a contract to create a community	4057
court pursuant to this section by adopting an ordinance or	4058
resolution approving the contract. The legislative authority shall	4059
provide a copy of the ordinance or resolution and of the contract	4060
to the supreme court.	4061

(G) Any resolution of a board of township trustees that	4062
approves a contract to create a community court pursuant to this	4063
section shall be subject to a referendum of the electors of the	4064
township. When a referendum petition that is signed by ten per	4065
cent of the number of electors in the township who voted for the	4066
office of governor at the most recent general election for the	4067
office of governor and that orders that the resolution be	4068
submitted to the electors of the township for their approval or	4069
rejection is presented to the board of township trustees within	4070
thirty days after the board of township trustees adopted the	4071
resolution, the board of township trustees shall, after ten days	4072
and not later than four p.m. of the seventy-fifth day before the	4073
election, certify the text of the resolution to the board of	4074
elections. The board of elections shall submit the resolution to	4075
the electors of the township for their approval or rejection at	4076
the next general, primary, or special election occurring	4077
subsequent to seventy-five days after the certifying of the	4078
petition to the board of elections. The board shall notify the	4079
supreme court of the results of the referendum.	4080

(H) A contract entered into pursuant to this section may be	4081
amended, and it may be renewed, canceled, or terminated as	4082
provided in the contract.	4083

(I) A community court created pursuant to a contract entered	4084
into under this section shall have with regard to each contracting	4085
municipal corporation the jurisdiction set forth in section	4086
1905.44 of the Revised Code and with regard to each contracting	4087
urban township the jurisdiction set forth in division (B) of this	4088
section.	4089

(J) The judge of the municipal court or county court that has	4090
territorial jurisdiction over all of the territory of the	4091
municipal corporations or of the municipal corporation and	4092
township that create a community court pursuant to division (C) of	4093
this section, or the administrative judge of the court if the	4094
court has more than one judge, shall appoint a magistrate to	4095
preside over the community court. No person shall be appointed as	4096
the community court magistrate unless the person has been admitted	4097
to the practice of law in this state and, for a total of at least	4098
four years preceding the person's appointment or the commencement	4099
of the person's service as magistrate, has been engaged in the	4100
practice of law in this state or served as a judge of a court of	4101
record in any jurisdiction in the United States, or both. The	4102
magistrate shall serve at the pleasure of the appointing judge or	4103
that judge's successor.	4104

(K) The provisions of this chapter apply to all community	4105
courts established pursuant to this section except where the	4106
context of a provision clearly indicates that the provision is not	4107
applicable to a particular type of community court.	4108

Sec. 1905.44. (A) Except as provided in divisions (B), (C),	4109
and (E) of this section, a community court established pursuant to	4110
section 1905.42 of the Revised Code has jurisdiction to hear and	4111
determine any prosecution for the violation of an ordinance of	4112
the municipal corporation, to hear and determine forcible entry	4113
and detainer actions brought under Chapter 1923. of the Revised	4114
Code, to hear and determine any case involving a violation of a	4115
vehicle parking or standing ordinance of the municipal	4116
corporation unless the violation is required to be handled by a	4117
parking violations bureau or joint parking violations bureau	4118
pursuant to Chapter 4521. of the Revised Code, and to hear and	4119
determine all criminal causes involving any moving traffic	4120
violation occurring on a state highway located within the	4121
boundaries of the municipal corporation.	4122

(B)(1) A community court established pursuant to section	4123
1905.42 of the Revised Code has jurisdiction to hear and	4124
determine prosecutions involving a violation of an ordinance of	4125
the municipal corporation relating to operating a vehicle while	4126
under the influence of alcohol, a drug of abuse, or a combination	4127
of them or relating to operating a vehicle with a prohibited	4128
concentration of alcohol, a controlled substance, or a metabolite	4129
of a controlled substance in the whole blood, blood serum or	4130
plasma, breath, or urine and to hear and determine criminal causes	4131
involving a violation of section 4511.19 of the Revised Code that	4132
occur on a state highway located within the boundaries of the	4133
municipal corporation only if the person charged with the	4134
violation, within six years of the date of the violation charged,	4135
has not been convicted of or pleaded guilty to any of the	4136
following:	4137

(a) A violation of an ordinance of any municipal corporation	4138
relating to operating a vehicle while under the influence of	4139
alcohol, a drug of abuse, or a combination of them or relating to	4140
operating a vehicle with a prohibited concentration of alcohol, a	4141
controlled substance, or a metabolite of a controlled substance in	4142
the whole blood, blood serum or plasma, breath, or urine;	4143

(b) A violation of section 4511.19 of the Revised Code;

4144

(c) A violation of any ordinance of any municipal	4145
corporation or of any section of the Revised Code that regulates	4146
the operation of vehicles, streetcars, and trackless trolleys upon	4147
the highways or streets in a case to which all of the following	4148
apply:	4149

(i) In the case in which the conviction was obtained or the	4150
plea of guilty was entered, the person had been charged with a	4151
violation of an ordinance of a type described in division	4152
(B)(1)(a) of this section or with a violation of section 4511.19	4153
of the Revised Code.	4154

(ii) The charge of the violation described in division	4155
(B)(1)(c)(i) of this section was dismissed or reduced.	4156

(iii) The violation of which the person was convicted or to	4157
which the person pleaded guilty arose out of the same facts and	4158
circumstances and the same act as did the charge that was	4159
dismissed or reduced.	4160

(d) A violation of a statute of the United States or of any	4161
other state or a municipal ordinance of a municipal corporation	4162
located in any other state that is substantially similar to	4163
section 4511.19 of the Revised Code.	4164

(2) A community court established pursuant to section 1905.42	4165
of the Revised Code does not have jurisdiction to hear and	4166
determine any prosecution or criminal cause involving a violation	4167
described in division (B)(1)(a) or (b) of this section, regardless	4168
of where the violation occurred, if the person charged with the	4169
violation, within six years of the violation charged, has been	4170
convicted of or pleaded guilty to any violation listed in division	4171
(B)(1)(a), (b), (c), or (d) of this section.	4172

If a magistrate of a community court established pursuant to	4173
section 1905.42 of the Revised Code determines in hearing a	4174
prosecution involving a violation of an ordinance of the	4175
municipal corporation the magistrate serves relating to operating	4176
a vehicle while under the influence of alcohol, a drug of abuse,	4177
or a combination of them or relating to operating a vehicle with a	4178
prohibited concentration of alcohol, a controlled substance, or a	4179
metabolite of a controlled substance in the whole blood, blood	4180
serum or plasma, breath, or urine or in hearing a criminal cause	4181
involving a violation of section 4511.19 of the Revised Code that	4182
the person charged, within six years of the violation charged, has	4183
been convicted of or pleaded guilty to any violation listed in	4184
division (B)(1)(a), (b), (c), or (d) of this section, the	4185
magistrate immediately shall transfer the case in accordance with	4186
section 1905.45 of the Revised Code to the county court or	4187
municipal court with jurisdiction over the violation charged.	4188

(C)(1) A community court established pursuant to section	4189
1905.42 of the Revised Code has jurisdiction to hear and	4190
determine prosecutions involving a violation of a municipal	4191
ordinance that is substantially equivalent to division (A) of	4192
section 4510.14 or section 4510.16 of the Revised Code and to hear	4193
and determine criminal causes that involve a moving traffic	4194
violation that involve a violation of division (A) of section	4195
4510.14 or section 4510.16 of the Revised Code and that occur on a	4196
state highway located within the boundaries of the municipal	4197
corporation only if all of the following apply regarding the	4198
violation and the person charged:	4199

(a) Regarding a violation of section 4510.16 of the Revised	4200
Code or a violation of a municipal ordinance that is substantially	4201
equivalent to that division, the person charged with the	4202
violation, within six years of the date of the violation charged,	4203
has not been convicted of or pleaded guilty to any of the	4204
following:	4205

(i) A violation of section 4510.16 of the Revised Code;

4206

(ii) A violation of a municipal ordinance that is	4207
substantially equivalent to section 4510.16 of the Revised Code;	4208

(iii) A violation of any municipal ordinance or section of	4209
the Revised Code that regulates the operation of vehicles,	4210
streetcars, and trackless trolleys upon the highways or streets in	4211
a case in which, after a charge against the person of a violation	4212
of a type described in division (C)(1)(a)(i) or (ii) of this	4213
section was dismissed or reduced, the person is convicted of or	4214
pleads guilty to a violation that arose out of the same facts and	4215
circumstances and the same act as did the charge that was	4216
dismissed or reduced.	4217

(b) Regarding a violation of division (A) of section 4510.14	4218
of the Revised Code or a violation of a municipal ordinance that	4219
is substantially equivalent to that division, the person charged	4220
with the violation, within six years of the date of the violation	4221
charged, has not been convicted of or pleaded guilty to any of the	4222
following:	4223

(i) A violation of division (A) of section 4510.14 of the	4224
Revised Code;	4225

(ii) A violation of a municipal ordinance that is	4226
substantially equivalent to division (A) of section 4510.14 of the	4227
Revised Code;	4228

(iii) A violation of any municipal ordinance or section of	4229
the Revised Code that regulates the operation of vehicles,	4230
streetcars, and trackless trolleys upon the highways or streets in	4231
a case in which, after a chargeagainst the person of a violation	4232
of a type described in division (C)(1)(b)(i) or (ii) of this	4233
section was dismissed or reduced, the person is convicted of or	4234
pleads guilty to a violation that arose out of the same facts and	4235
circumstances and the same act as did the charge that was	4236
dismissed or reduced.	4237

(2) A community court established pursuant to section 1905.42	4238
of the Revised Code does not have jurisdiction to hear and	4239
determine any prosecution or criminal cause involving a violation	4240
described in division (C)(1)(a)(i) or (ii) of this section if the	4241
person charged with the violation, within six years of the	4242
violation charged, has been convicted of or pleaded guilty to any	4243
violation listed in division (C)(1)(a)(i), (ii), or (iii) of this	4244
section and does not have jurisdiction to hear and determine any	4245
prosecution or criminal cause involving a violation described in	4246
division (C)(1)(b)(i) or (ii) of this section if the person	4247
charged with the violation, within six years of the violation	4248
charged, has been convicted of or pleaded guilty to any violation	4249
listed in division (C)(1)(b)(i), (ii), or (iii) of this section.	4250

(3) If a magistrate of a community court established pursuant	4251
to section 1905.42 of the Revised Code hears a prosecution	4252
involving a violation of an ordinance of the municipal	4253
corporation the magistrate serves that is substantially equivalent	4254
to division (A) of section 4510.14 or section 4510.16 of the	4255
Revised Code or a violation of division (A) of section 4510.14 or	4256
section 4510.16 of the Revised Code and determines that under	4257
division (C)(2) of this section community courts do not have	4258
jurisdiction of the prosecution, the magistrate immediately shall	4259
transfer the case in accordance with section 1905.45 of the	4260
Revised Code to the county court or municipal court with	4261
jurisdiction over the violation.	4262

(D)(1) A community court established pursuant to section	4263
1905.42 of the Revised Code does not have jurisdiction to hear	4264
and determine any prosecution or criminal use involving any of the	4265
following:	4266

(a) A violation of section 2919.25 or 2919.27 of the Revised	4267
Code;	4268

(b) A violation of section 2903.11, 2903.12, 2903.13,	4269
2903.211, or 2911.211 of the Revised Code that involves a person	4270
who was a family or household member of the defendant at the time	4271
of the violation;	4272

(c) A violation of a municipal ordinance that is	4273
substantially equivalent to an offense described in division	4274
(E)(1)(a) or (b) of this section and that involves a person who	4275
was a family or household member of the defendant at the time of	4276
the violation.	4277

(2) A community court established pursuant to section 1905.42	4278
of the Revised Code does not have jurisdiction to hear and	4279
determine a motion filed pursuant to section 2919.26 of the	4280
Revised Code or filed pursuant to a municipal ordinance that is	4281
substantially equivalent to that section or to issue a protection	4282
order pursuant to that section or a substantially equivalent	4283
municipal ordinance.	4284

(3) A community court established pursuant to section 1905.42	4285
of the Revised Code has jurisdiction to hear and determine all of	4286
the following:	4287

(a) Cases arising under sections 925.21 to 925.32 of the	4289
Revised Code as provided in section 925.31 of the Revised Code;	4290

(b) If the municipal corporation lies within the territory of	4291
an urban township that has a community court, cases within the	4292
subject-matter jurisdiction of the community court of the township	4293
that arise within the municipal corporation;	4294

(c) Cases related to public utilities extending beyond the	4295
limits of a municipal corporation, as provided in section 743.14	4296
of the Revised Code.	4297

(4) The exercise of jurisdiction by a community court is	4298
subject to the defendant's right to demand a trial by jury	4299
pursuant to sections 1923.10, 2937.08, and 2938.04 of the Revised	4300
Code.	4301

(E) In keeping a docket and files, a community court shall	4302
be governed by the laws pertaining to municipal courts.	4303

(F) As used in this section, "family or household member"	4304
has the same meaning as in section 2919.25 of the Revised Code.	4305

Sec. 1905.45. (A)(1) If a person who is charged with a	4306
violation of a law, ordinance, or resolution is brought before a	4307
community court and the violation charged is not within the	4308
jurisdiction of the court as set forth in section 1905.43 or	4309
1905.44 of the Revised Code, the court promptly shall transfer	4310
the case to the municipal court, county court, or court of common	4311
pleas with jurisdiction over the alleged violation and shall	4312
require the person to post an appearance bond in accordance with	4313
the bond schedule of that court.	4314

(2) If a person who is charged with a violation of a law,	4315
ordinance, or resolution is brought before a community court and	4316
the violation charged is within the jurisdiction of the court as	4317
set forth in section 1905.43 or 1905.44 of the Revised Code, the	4318
court, at any time prior to the final disposition of the case,	4319
may transfer it to the municipal court, county court, or court of	4320
common pleas with concurrent jurisdiction over the alleged	4321
violation. If a community court transfers a case under this	4322
division, the court shall require the person charged to post an	4323
appearance bond in accordance with the bond schedule of the court	4324
to which the case is transferred.	4325

(B) Upon the transfer of a case by a community court under	4326
division (A) of this section, all of the following apply:	4327

(1) The court shall certify all papers filed in the case,	4328
together with a transcript of all proceedings, accrued costs to	4329
date, and the recognizance given, to the court to which the case	4330
is transferred.	4331

(2) All further proceedings under the charge, complaint,	4332
information, or indictment in the transferred case shall be	4333
discontinued in the community court and shall be conducted in the	4334
court to which the case is transferred in accordance with the	4335
provisions governing proceedings in that court.	4336

(3) If the case is transferred to a municipal court that has	4337
an environmental division and the case is within the jurisdiction	4338
of the environmental division as set forth in division (A)(1) of	4339
section 1901.181 of the Revised Code, the case after the transfer	4340
shall be within the exclusive jurisdiction of the environmental	4341
division of the municipal court to which it is transferred. In all	4342
other situations, the case after the transfer shall be within the	4343
exclusive jurisdiction of the court to which it is transferred.	4344

Sec. 1905.46. A magistrate, clerk, or deputy clerk of a	4345
community court shall not be concerned as counsel or agent in the	4346
prosecution or defense of any case before the court.	4347

Sec. 1905.47. (A) As used in this section, "police officer"	4348
means any of the following:	4349

(1) The chief law enforcement officer of the municipal	4350
corporation in which a community court established pursuant to	4351
section 1905.42 of the Revised Code is located or a law	4352
enforcement officer of that municipal corporation designated by	4353
the chief;	4354

(2) The chief law enforcement officer of the township in	4355
which a community court established under division (B) of section	4356
1905.43 of the Revised Code is located or a law enforcement	4357
officer of that township designated by the chief;	4358

(3) A law enforcement officer of a municipal corporation or	4359
township within the territorial jurisdiction of a community court	4360
created under division (C) of section 1905.43 of the Revised Code	4361
as provided for in the contract creating the court.	4362

(B) A police officer shall attend the sittings of the	4363
community court to execute the orders and process of the court	4364
and to preserve order in it. The police officer shall execute and	4365
return all writs and process directed to the police officer by	4366
the court. The jurisdiction of the police officer in the	4367
execution of the writs and process of the court is coextensive	4368
with the county. In serving the writs and process of the court	4369
and taxing costs on them, the police officer shall be governed	4370
by the laws pertaining to constables. The fees of the court are	4371
the same as those allowed in the municipal court or county court	4372
within whose jurisdiction the territory of the community court is	4373
located. There shall be allowed and taxed for services of the	4374
police officer the same fees and expense as those allowed	4375
constables.	4376

Sec. 1905.48. (A) When two municipal corporations adjoin	4377
each other on opposite sides of the line of any railroad, the	4378
boundary line between the municipal corporations, except where	4379
otherwise established by law, is along the middle of the right of	4380
way of the railroad.	4381

(B) When the line of a railroad adjoins or forms a part of	4382
the boundary line of a municipal corporation and the middle of the	4383
railroad right of way does not form the boundary line under	4384
division (A) of this section, the municipal corporation has	4385
jurisdiction over the entire width of the right of way of the line	4386
of the railroad for the punishment of the violation of the	4387
ordinances of the municipal corporation.	4388

Sec. 1905.49. A magistrate of a community court shall award	4389
and issue all writs and process that are necessary to enforce the	4390
administration of justice throughout the territorial jurisdiction	4391
of the court. The magistrate shall subscribe the magistrate's name	4392
to all writs, process, transcripts, and other official papers.	4393

Sec. 1905.50. A magistrate of a community court shall	4394
suspend in accordance with sections 4510.02, 4510.07, and 4511.19	4395
of the Revised Code the driver's or commercial driver's license or	4396
permit or nonresident operating privilege of any person who is	4397
convicted of or pleads guilty to a violation of division (A) of	4398
section 4511.19 of the Revised Code, of a municipal ordinance	4399
relating to operating a vehicle while under the influence of	4400
alcohol, a drug of abuse, or a combination of them, or of a	4401
municipal ordinance or township resolution relating to operating a	4402
vehicle with a prohibited concentration of alcohol, a controlled	4403
substance, or a metabolite of a controlled substance in the whole	4404
blood, blood serum or plasma, breath, or urine that is	4405
substantially equivalent to division (A) of section 4511.19 of	4406
the Revised Code. A magistrate of a community court shall	4407
suspend in accordance with sections 4510.02, 4510.07, and 4511.19	4408
of the Revised Code the driver's or commercial driver's license	4409
or permit or nonresident operating privilege of any person who is	4410
convicted of or pleads guilty to a violation of division (B) of	4411
section 4511.19 of the Revised Code or of a municipal ordinance	4412
relating to operating a vehicle with a prohibited concentration	4413
of alcohol in the whole blood, blood serum or plasma, breath, or	4414
urine that is substantially equivalent to division (B) of section	4415
4511.19 of the Revised Code.	4416

Suspension of a commercial driver's license under this	4417
section shall be concurrent with any period of disqualification or	4418
suspension under section 3123.58 or 4506.16 of the Revised Code.	4419
No person who is disqualified for life from holding a commercial	4420
driver's license under section 4506.16 of the Revised Code shall	4421
be issued a driver's license under Chapter 4507. of the Revised	4422
Code during the period for which the commercial driver's license	4423
was suspended under this section, and no person whose commercial	4424
driver's license is suspended under this section shall be issued a	4425
driver's license under Chapter 4507. of the Revised Code during	4426
the period of the suspension.	4427

Sec. 1905.51. Each magistrate of a community court shall	4428
keep a docket. A magistrate shall not retain or receive for the	4429
magistrate's own use any of the fines, forfeitures, fees, or costs	4430
the magistrate collects. A magistrate shall account for and	4431
dispose of all fines, forfeitures, fees, and costs the magistrate	4432
collects as provided in section 733.40 of the Revised Code.	4433

A magistrate of a community court shall be paid a fixed	4434
annual salary that the legislative authority of the municipal	4435
corporation provides under sections 731.08 and 731.13 of the	4436
Revised Code or that the legislative authority of the township	4437
provides under section 504.04 of the Revised Code.	4438

A magistrate of a community court shall keep an office that	4439
is provided by the legislative authority of the municipal	4440
corporation or township at a convenient place in the municipal	4441
corporation or township.	4442

The municipal corporation or township shall pay the costs of	4443
operating the community court.	4444

Sec. 1905.52. (A) Any party to an action in a community	4445
court may file written objections to the magistrate's decision	4446
with the clerk of the court in accordance with Civil Rule 53.	4447

(B) Any appeal from a decision of a judge made pursuant to an	4448
objection filed under division (A) of this section shall be taken	4449
to the court of appeals of the appellate district in which the	4450
community court is located.	4451

(C) Within ten days from the time a judge renders a decision	4452
and judgment, the appellant shall file with the community court a	4453
written notice of appeal designating the order or judgment	4454
appealed from and the court to which the appeal is taken. All	4455
further proceedings in the community court shall be stayed from	4456
the time of filing the notice of appeal.	4457

(D) Upon the filing of the notice of appeal, the clerk of the	4458
community court shall deliver the certified transcript of the	4459
proceedings, the original papers used on the trial, the written	4460
objections to the magistrate's decision, and the decision of the	4461
judge on review to the court to which the appeal is taken within	4462
fifteen days from the rendition of the decision and judgment	4463
appealed from. Upon receipt of the transcript and papers, the	4464
clerk of the court of appeals shall file them and docket the	4465
appeal.	4466

Sec. 1905.53. A community court magistrate presiding at any	4467
trial under this chapter may punish contempts and compel the	4468
attendance of witnesses.	4469

Sec. 1905.54. (A) When a fine is the whole or part of a	4470
sentence, a community court may order the person sentenced to	4471
remain confined in a county jail or workhouse of the municipal	4472
corporation until the fine is paid or secured to be paid or the	4473
offender is legally discharged if the offender is financially	4474
able to pay the fine and refuses to do so.	4475

(B) When a fine imposed for the violation of an ordinance of	4476
a municipal corporation or a resolution of a township is not paid,	4477
the party convicted may by order of the magistrate of the	4478
community court or other proper authority or on process issued	4479
for the purpose be committed until the fine and the costs of	4480
prosecution are paid or until the party convicted is legally	4481
discharged if the offender is financially able to pay the fine	4482
and refuses to do so.	4483

Sec. 1905.55. Fines, penalties, and forfeitures may in all	4484
cases and in addition to any other mode provided be recovered by	4485
action before any judge of a county court or any other court of	4486
competent jurisdiction in the name of the proper municipal	4487
corporation or township and for its use. In any action in which a	4488
pleading is necessary, it is sufficient if the petition sets	4489
forth generally the amount claimed to be due in respect to the	4490
violation of the ordinance of the municipal corporation or	4491
resolution of the township. The petition shall refer to the title	4492
of the ordinance or resolution, state the date of its adoption or	4493
passage, and show as near as is practicable the true time of the	4494
alleged violation.	4495

Sec. 1905.56. Imprisonment under the ordinances of a	4496
municipal corporation or resolutions of a township shall be in the	4497
workhouse or other jail of the municipal corporation or township.	4498
Any municipal corporation or township not provided with a	4499
workhouse or other jail may for the purpose of imprisonment use	4500
the county jail at the expense of the municipal corporation or	4501
township until the municipal corporation or township is provided	4502
with a prison, house of correction, or workhouse. Persons so	4503
imprisoned in the county jail are under the charge of the	4504
sheriff. The sheriff shall receive and hold the persons in the	4505
manner prescribed by the ordinances of the municipal corporation	4506
or resolutions of the township until the persons are legally	4507
discharged.	4508

Sec. 1905.57. If, by the attorney general's own inquiries or	4509
as a result of complaints, the attorney general has reasonable	4510
cause to believe that a mayor, municipal corporation, or other	4511
person is operating a mayor's court or community court that is not	4512
authorized by the Revised Code, the attorney general may bring an	4513
action in the court of common pleas of the county in which the	4514
mayor's court or community court is located to enjoin the	4515
operation of the mayor's court or community court.	4516

Sec. 1907.012. In addition to other jurisdiction granted a	4517
county court in the Revised Code, a county court has jurisdiction	4518
over violations of township resolutions adopted pursuant to	4519
section 503.52 or 503.53 or Chapter 504. of the Revised Code. For	4520
procedural purposes, a case in which a person is charged with the	4521
violation of a township resolution shall be treated as a civil	4522
case, except as otherwise provided in the Revised Code and except	4523
that a violation of a township resolution that is adopted pursuant	4524
to section 503.52 or 503.53 or division (E) of section 504.04 of	4525
the Revised Code and that creates a criminal offense or imposes	4526
criminal penalties shall be treated as a criminal case.	4527

Sec. 1907.25. The sheriff of the county in which a county	4528
court is located, or a deputy sheriff of that county designated by	4529
the sheriff, shall attend the sittings of the county court to	4530
execute the orders and process of the court and to preserve order	4531
in it. The sheriff or deputy sheriff shall execute and return all	4532
writs and process directed to the sheriff or deputy sheriff by the	4533
court. The jurisdiction of the sheriff or deputy sheriff in the	4534
execution of the writs and process of the court is coextensive	4535
with the county in criminal cases and in cases of violations of	4536
ordinances of a municipal corporation.	4537

Sec. 1923.01. (A) As provided in this chapter, any judge of	4538
a county or municipal court or a court of common pleas or	4539
magistrate of a community court, within the judge's or	4540
magistrate's proper area of jurisdiction, may inquire about	4541
persons who make unlawful and forcible entry into lands or	4542
tenements and detain them, and about persons who make a lawful and	4543
peaceable entry into lands or tenements and hold them unlawfully	4544
and by force. If, upon the inquiry, it is found that an unlawful	4545
and forcible entry has been made and the lands or tenements are	4546
detained, or that, after a lawful entry, lands or tenements are	4547
held unlawfully and by force, a judge or magistrate shall cause	4548
the plaintiff in an action under this chapter to have restitution	4549
of the lands or tenements.	4550

(B) An action shall be brought under this chapter within two	4551
years after the cause of action accrues.	4552

4553

(1) "Tenant" means a person who is entitled under a rental	4554
agreement to the use or occupancy of premises, other than premises	4555
located in a manufactured home park, to the exclusion of others,	4556
except that as used in division (A)(6) of section 1923.02 and	4557
section 1923.051 of the Revised Code, "tenant" includes a	4558
manufactured home park resident.	4559

(2) "Landlord" means the owner, lessor, or sublessor of	4560
premises, or the agent or person the landlord authorizes to manage	4561
premises or to receive rent from a tenant under a rental	4562
agreement, except, if required by the facts of the action to which	4563
the term is applied, "landlord" means a park operator.	4564

(3) "Resident" has the same meaning as in section 3733.01 of	4565
the Revised Code.	4566

(4) "Residential premises" has the same meaning as in section	4567
5321.01 of the Revised Code, except, if required by the facts of	4568
the action to which the term is applied, "residential premises"	4569
has the same meaning as in section 3733.01 of the Revised Code.	4570

(5) "Rental agreement" means any agreement or lease, written	4571
or oral, that establishes or modifies the terms, conditions,	4572
rules, or other provisions concerning the use or occupancy of	4573
premises by one of the parties to the agreement or lease, except	4574
that "rental agreement," as used in division (A)(13) of section	4575
1923.02 of the Revised Code and where the context requires as used	4576
in this chapter, means a rental agreement as defined in division	4577
(D) of section 5322.01 of the Revised Code.	4578

(6) "Controlled substance" has the same meaning as in section	4579
3719.01 of the Revised Code.	4580

(7) "School premises" has the same meaning as in section	4581
2925.01 of the Revised Code.	4582

(8) "Sexually oriented offense" and "child-victim oriented	4583
offense" have the same meanings as in section 2950.01 of the	4584
Revised Code.	4585

(9) "Recreational vehicle" and "mobile home" have the same	4586
meanings as in section 4501.01 of the Revised Code.	4587

(10) "Manufactured home" has the same meaning as in section	4588
3781.06 of the Revised Code.	4589

(11) "Manufactured home park" has the same meaning as in	4590
section 3733.01 of the Revised Code and also means any tract of	4591
land upon which one or two manufactured or mobile homes used for	4592
habitation are parked, either free of charge or for revenue	4593
purposes, pursuant to rental agreements between the owners of the	4594
manufactured or mobile homes and the owner of the tract of land.	4595

(12) "Park operator" has the same meaning as in section	4596
3733.01 of the Revised Code and also means a landlord of premises	4597
upon which one or two manufactured or mobile homes used for	4598
habitation are parked, either free of charge or for revenue	4599
purposes, pursuant to rental agreements between the owners of the	4600
manufactured or mobile homes and a landlord who is not licensed as	4601
a manufactured home park operator pursuant to Chapter 3733. of the	4602
Revised Code.	4603

(13) "Personal property" means tangible personal property	4604
other than a manufactured home, mobile home, or recreational	4605
vehicle that is the subject of an action under this chapter.	4606

(14) "Preschool or child day-care center premises" has the	4607
same meaning as in section 2950.034 of the Revised Code.	4608

Sec. 1923.02. (A) Proceedings under this chapter may be had	4609
as follows:	4610

(1) Against tenants or manufactured home park residents	4611
holding over their terms;	4612

(2) Against tenants or manufactured home park residents in	4613
possession under an oral tenancy, who are in default in the	4614
payment of rent as provided in division (B) of this section;	4615

(3) In sales of real estate, on executions, orders, or other	4616
judicial process, when the judgment debtor was in possession at	4617
the time of the rendition of the judgment or decree, by virtue of	4618
which the sale was made;	4619

(4) In sales by executors, administrators, or guardians, and	4620
on partition, when any of the parties to the complaint were in	4621
possession at the commencement of the action, after the sales, so	4622
made on execution or otherwise, have been examined by the proper	4623
court and adjudged legal;	4624

(5) When the defendant is an occupier of lands or tenements,	4625
without color of title, and the complainant has the right of	4626
possession to them;	4627

(6) In any other case of the unlawful and forcible detention	4628
of lands or tenements. For purposes of this division, in addition	4629
to any other type of unlawful and forcible detention of lands or	4630
tenements, such a detention may be determined to exist when both	4631
of the following apply:	4632

(a) A tenant fails to vacate residential premises within	4633
three days after both of the following occur:	4634

(i) The tenant's landlord has actual knowledge of or has	4635
reasonable cause to believe that the tenant, any person in the	4636
tenant's household, or any person on the premises with the consent	4637
of the tenant previously has or presently is engaged in a	4638
violation of Chapter 2925. or 3719. of the Revised Code, or of a	4639
municipal ordinance or township resolution that is substantially	4640
similar to any section in either of those chapters, which involves	4641
a controlled substance and which occurred in, is occurring in, or	4642
otherwise was or is connected with the premises, whether or not	4643
the tenant or other person has been charged with, has pleaded	4644
guilty to or been convicted of, or has been determined to be a	4645
delinquent child for an act that, if committed by an adult, would	4646
be a violation as described in this division. For purposes of this	4647
division, a landlord has "actual knowledge of or has reasonable	4648
cause to believe" that a tenant, any person in the tenant's	4649
household, or any person on the premises with the consent of the	4650
tenant previously has or presently is engaged in a violation as	4651
described in this division if a search warrant was issued pursuant	4652
to Criminal Rule 41 or Chapter 2933. of the Revised Code; the	4653
affidavit presented to obtain the warrant named or described the	4654
tenant or person as the individual to be searched and particularly	4655
described the tenant's premises as the place to be searched, named	4656
or described one or more controlled substances to be searched for	4657
and seized, stated substantially the offense under Chapter 2925.	4658
or 3719. of the Revised Code or the substantially similar	4659
municipal ordinance or township resolution that occurred in, is	4660
occurring in, or otherwise was or is connected with the tenant's	4661
premises, and states the factual basis for the affiant's belief	4662
that the controlled substances are located on the tenant's	4663
premises; the warrant was properly executed by a law enforcement	4664
officer and any controlled substance described in the affidavit	4665
was found by that officer during the search and seizure; and,	4666
subsequent to the search and seizure, the landlord was informed by	4667
that or another law enforcement officer of the fact that the	4668
tenant or person has or presently is engaged in a violation as	4669
described in this division and it occurred in, is occurring in, or	4670
otherwise was or is connected with the tenant's premises.	4671

(ii) The landlord gives the tenant the notice required by	4672
division (C) of section 5321.17 of the Revised Code.	4673

(b) The court determines, by a preponderance of the evidence,	4674
that the tenant, any person in the tenant's household, or any	4675
person on the premises with the consent of the tenant previously	4676
has or presently is engaged in a violation as described in	4677
division (A)(6)(a)(i) of this section.	4678

(7) In cases arising out of Chapter 5313. of the Revised	4679
Code. In those cases, the court has the authority to declare a	4680
forfeiture of the vendee's rights under a land installment	4681
contract and to grant any other claims arising out of the	4682
contract.	4683

(8) Against tenants who have breached an obligation that is	4684
imposed by section 5321.05 of the Revised Code, other than the	4685
obligation specified in division (A)(9) of that section, and that	4686
materially affects health and safety. Prior to the commencement of	4687
an action under this division, notice shall be given to the tenant	4688
and compliance secured with section 5321.11 of the Revised Code.	4689

(9) Against tenants who have breached an obligation imposed	4690
upon them by a written rental agreement;	4691

(10) Against manufactured home park residents who have	4692
defaulted in the payment of rent or breached the terms of a rental	4693
agreement with a park operator. Nothing in this division	4694
precludes the commencement of an action under division (A)(12) of	4695
this section when the additional circumstances described in that	4696
division apply.	4697

(11) Against manufactured home park residents who have	4698
committed two material violations of the rules of the manufactured	4699
home park, of the public health council, or of applicable state	4700
and local health and safety codes and who have been notified of	4701
the violations in compliance with section 3733.13 of the Revised	4702
Code;	4703

(12) Against a manufactured home park resident, or the estate	4704
of a manufactured home park resident, who as a result of death or	4705
otherwise has been absent from the manufactured home park for a	4706
period of thirty consecutive days prior to the commencement of an	4707
action under this division and whose manufactured home or mobile	4708
home, or recreational vehicle that is parked in the manufactured	4709
home park, has been left unoccupied for that thirty-day period,	4710
without notice to the park operator and without payment of rent	4711
due under the rental agreement with the park operator;	4712

(13) Against occupants of self-service storage facilities, as	4713
defined in division (A) of section 5322.01 of the Revised Code,	4714
who have breached the terms of a rental agreement or violated	4715
section 5322.04 of the Revised Code;	4716

(14) Against any resident or occupant who, pursuant to a	4717
rental agreement, resides in or occupies residential premises	4718
located within one thousand feet of any school premises or	4719
preschool or child day-care center premises and to whom both of	4720
the following apply:	4721

(a) The resident's or occupant's name appears on the state	4722
registry of sex offenders and child-victim offenders maintained	4723
under section 2950.13 of the Revised Code.	4724

(b) The state registry of sex offenders and child-victim	4725
offenders indicates that the resident or occupant was convicted of	4726
or pleaded guilty to a sexually oriented offense or a	4727
child-victim oriented offense in a criminal prosecution and was	4728
not sentenced to a serious youthful offender dispositional	4729
sentence for that offense.	4730

(15) Against any tenant who permits any person to occupy	4731
residential premises located within one thousand feet of any	4732
school premises or preschool or child day-care center premises if	4733
both of the following apply to the person:	4734

(a) The person's name appears on the state registry of sex	4735
offenders and child-victim offenders maintained under section	4736
2950.13 of the Revised Code.	4737

(b) The state registry of sex offenders and child-victim	4738
offenders indicates that the person was convicted of or pleaded	4739
guilty to a sexually oriented offense or a child-victim oriented	4740
offense in a criminal prosecution and was not sentenced to a	4741
serious youthful offender dispositional sentence for that	4742
offense.	4743

(B) If a tenant or manufactured home park resident holding	4744
under an oral tenancy is in default in the payment of rent, the	4745
tenant or resident forfeits the right of occupancy, and the	4746
landlord may, at the landlord's option, terminate the tenancy by	4747
notifying the tenant or resident, as provided in section 1923.04	4748
of the Revised Code, to leave the premises, for the restitution of	4749
which an action may then be brought under this chapter.	4750

(C)(1) If a tenant or any other person with the tenant's	4751
permission resides in or occupies residential premises that are	4752
located within one thousand feet of any school premises and is a	4753
resident or occupant of the type described in division (A)(14) of	4754
this section or a person of the type described in division (A)(15)	4755
of this section, the landlord for those residential premises, upon	4756
discovery that the tenant or other person is a resident, occupant,	4757
or person of that nature, may terminate the rental agreement or	4758
tenancy for those residential premises by notifying the tenant and	4759
all other occupants, as provided in section 1923.04 of the Revised	4760
Code, to leave the premises.	4761

(2) If a landlord is authorized to terminate a rental	4762
agreement or tenancy pursuant to division (C)(1) of this section	4763
but does not so terminate the rental agreement or tenancy, the	4764
landlord is not liable in a tort or other civil action in damages	4765
for any injury, death, or loss to person or property that	4766
allegedly result from that decision.	4767

(D) This chapter does not apply to a student tenant as	4768
defined by division (H) of section 5321.01 of the Revised Code	4769
when the college or university proceeds to terminate a rental	4770
agreement pursuant to section 5321.031 of the Revised Code.	4771

Sec. 1923.10. (A) If a jury is demanded by either party in an	4772
action under this chapter, until the impaneling of the jury, the	4773
proceedings shall be in all respects as in other cases. The jury	4774
shall be sworn to try and determine whether the complaint, naming	4775
the plaintiff, about to be presented to them, is true according to	4776
the evidence. If the jury finds that the complaint is true, it	4777
shall render a general verdict against the defendant. If the jury	4778
finds that the complaint is not true, it shall render a general	4779
verdict in favor of the defendant. If the jury finds that the	4780
complaint is true in part, it shall render a verdict setting forth	4781
the facts that it finds are true.	4782

(B) If a jury is demanded by either party in an action in	4783
this chapter in a community court, the court promptly shall	4784
transfer the case to the municipal court or county court with	4785
jurisdiction over the action. Upon the transfer of the case, the	4786
court shall certify all papers filed in the case, together with a	4787
transcript of all proceedings and accrued costs to date, to the	4788
court to which the case is transferred. All further proceedings in	4789
the transferred case shall be discontinued in the community court	4790
and shall be conducted in the court to which the case is	4791
transferred in accordance with division (A) of this section and	4792
the provisions governing proceedings in that court.	4793

Sec. 2152.021. (A)(1) Subject to division (A)(2) of this	4794
section, any person having knowledge of a child who appears to be	4795
a juvenile traffic offender or to be a delinquent child may file a	4796
sworn complaint with respect to that child in the juvenile court	4797
of the county in which the child has a residence or legal	4798
settlement or in which the traffic offense or delinquent act	4799
allegedly occurred. The sworn complaint may be upon information	4800
and belief, and, in addition to the allegation that the child is a	4801
delinquent child or a juvenile traffic offender, the complaint	4802
shall allege the particular facts upon which the allegation that	4803
the child is a delinquent child or a juvenile traffic offender is	4804
based.	4805

If a child appears to be a delinquent child who is eligible	4806
for a serious youthful offender dispositional sentence under	4807
section 2152.11 of the Revised Code and if the prosecuting	4808
attorney desires to seek a serious youthful offender dispositional	4809
sentence under section 2152.13 of the Revised Code in regard to	4810
the child, the prosecuting attorney of the county in which the	4811
alleged delinquency occurs may initiate a case in the juvenile	4812
court of the county by presenting the case to a grand jury for	4813
indictment, by charging the child in a bill of information as a	4814
serious youthful offender pursuant to section 2152.13 of the	4815
Revised Code, by requesting a serious youthful offender	4816
dispositional sentence in the original complaint alleging that the	4817
child is a delinquent child, or by filing with the juvenile court	4818
a written notice of intent to seek a serious youthful offender	4819
dispositional sentence.	4820

(2) Any person having knowledge of a child who appears to be	4821
a delinquent child for being an habitual or chronic truant may	4822
file a sworn complaint with respect to that child and the parent,	4823
guardian, or other person having care of the child in the juvenile	4824
court of the county in which the child has a residence or legal	4825
settlement or in which the child is supposed to attend public	4826
school. The sworn complaint may be upon information and belief and	4827
shall contain the following allegations:	4828

(a) That the child is a delinquent child for being a chronic	4829
truant or an habitual truant who previously has been adjudicated	4830
an unruly child for being a habitual truant and, in addition, the	4831
particular facts upon which that allegation is based;	4832

(b) That the parent, guardian, or other person having care of	4833
the child has failed to cause the child's attendance at school in	4834
violation of section 3321.38 of the Revised Code and, in addition,	4835
the particular facts upon which that allegation is based.	4836

(B) Any person with standing under applicable law may file a	4837
complaint for the determination of any other matter over which the	4838
juvenile court is given jurisdiction by section 2151.23 of the	4839
Revised Code. The complaint shall be filed in the county in which	4840
the child who is the subject of the complaint is found or was last	4841
known to be found.	4842

(C) Within ten days after the filing of a complaint or the	4843
issuance of an indictment, the court shall give written notice of	4844
the filing of the complaint or the issuance of an indictment and	4845
of the substance of the complaint or indictment to the	4846
superintendent of a city, local, exempted village, or joint	4847
vocational school district if the complaint or indictment alleges	4848
that a child committed an act that would be a criminal offense if	4849
committed by an adult, that the child was sixteen years of age or	4850
older at the time of the commission of the alleged act, and that	4851
the alleged act is any of the following:	4852

(1) A violation of section 2923.122 of the Revised Code that	4853
relates to property owned or controlled by, or to an activity held	4854
under the auspices of, the board of education of that school	4855
district;	4856

(2) A violation of section 2923.12 of the Revised Code, of a	4857
substantially similar municipal ordinance or township resolution,	4858
or of section 2925.03 of the Revised Code that was committed on	4859
property owned or controlled by, or at an activity held under the	4860
auspices of, the board of education of that school district;	4861

(3) A violation of section 2925.11 of the Revised Code that	4862
was committed on property owned or controlled by, or at an	4863
activity held under the auspices of, the board of education of	4864
that school district, other than a violation of that section that	4865
would be a minor drug possession offense if committed by an adult;	4866

(4) A violation of section 2903.01, 2903.02, 2903.03,	4867
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised	4868
Code, or a violation of former section 2907.12 of the Revised	4869
Code, that was committed on property owned or controlled by, or at	4870
an activity held under the auspices of, the board of education of	4871
that school district, if the victim at the time of the commission	4872
of the alleged act was an employee of the board of education of	4873
that school district;	4874

(5) Complicity in any violation described in division (C)(1),	4875
(2), (3), or (4) of this section that was alleged to have been	4876
committed in the manner described in division (C)(1), (2), (3), or	4877
(4) of this section, regardless of whether the act of complicity	4878
was committed on property owned or controlled by, or at an	4879
activity held under the auspices of, the board of education of	4880
that school district.	4881

(D) A public children services agency, acting pursuant to a	4882
complaint or an action on a complaint filed under this section, is	4883
not subject to the requirements of section 3127.23 of the Revised	4884
Code.	4885

(E) For purposes of the record to be maintained by the clerk	4886
under division (B) of section 2152.71 of the Revised Code, when a	4887
complaint is filed that alleges that a child is a delinquent	4888
child, the court shall determine if the victim of the alleged	4889
delinquent act was sixty-five years of age or older or permanently	4890
and totally disabled at the time of the alleged commission of the	4891
act.	4892

Sec. 2152.03. When a child is arrested under any charge,	4893
complaint, affidavit, or indictment for a felony or a misdemeanor,	4894
proceedings regarding the child initially shall be in the juvenile	4895
court in accordance with this chapter. If the child is taken	4896
before a judge of a county court, a ~~mayor~~magistrate of a	4897
community court, a judge of a municipal court, or a judge of a	4898
court of common pleas other than a juvenile court, the judge of	4899
the county court, ~~mayor~~magistrate of the community court, judge	4900
of the municipal court, or judge of the court of common pleas	4901
shall transfer the case to the juvenile court, and, upon the	4902
transfer, the proceedings shall be in accordance with this	4903
chapter. Upon the transfer, all further proceedings under the	4904
charge, complaint, information, or indictment shall be	4905
discontinued in the court of the judge of the county court, ~~mayor~~	4906
magistrate of the community court, municipal judge, or judge of	4907
the court of common pleas other than a juvenile court subject to	4908
section 2152.12 of the Revised Code. The case relating to the	4909
child then shall be within the exclusive jurisdiction of the	4910
juvenile court, subject to section 2152.12 of the Revised Code.	4911

Sec. 2152.16. (A)(1) If a child is adjudicated a delinquent	4912
child for committing an act that would be a felony if committed by	4913
an adult, the juvenile court may commit the child to the legal	4914
custody of the department of youth services for secure confinement	4915
as follows:	4916

(a) For an act that would be aggravated murder or murder if	4917
committed by an adult, until the offender attains twenty-one years	4918
of age;	4919

(b) For a violation of section 2923.02 of the Revised Code	4920
that involves an attempt to commit an act that would be aggravated	4921
murder or murder if committed by an adult, a minimum period of six	4922
to seven years as prescribed by the court and a maximum period not	4923
to exceed the child's attainment of twenty-one years of age;	4924

(c) For a violation of section 2903.03, 2905.01, 2909.02, or	4925
2911.01 or division (A) of section 2903.04 of the Revised Code or	4926
for a violation of any provision of section 2907.02 of the Revised	4927
Code other than division (A)(1)(b) of that section when the sexual	4928
conduct or insertion involved was consensual and when the victim	4929
of the violation of division (A)(1)(b) of that section was older	4930
than the delinquent child, was the same age as the delinquent	4931
child, or was less than three years younger than the delinquent	4932
child, for an indefinite term consisting of a minimum period of	4933
one to three years, as prescribed by the court, and a maximum	4934
period not to exceed the child's attainment of twenty-one years of	4935
age;	4936

(d) If the child is adjudicated a delinquent child for	4937
committing an act that is not described in division (A)(1)(b) or	4938
(c) of this section and that would be a felony of the first or	4939
second degree if committed by an adult, for an indefinite term	4940
consisting of a minimum period of one year and a maximum period	4941
not to exceed the child's attainment of twenty-one years of age.	4942

(e) For committing an act that would be a felony of the	4943
third, fourth, or fifth degree if committed by an adult or for a	4944
violation of division (A) of section 2923.211 of the Revised Code,	4945
for an indefinite term consisting of a minimum period of six	4946
months and a maximum period not to exceed the child's attainment	4947
of twenty-one years of age.	4948

(2) In each case in which a court makes a disposition under	4949
this section, the court retains control over the commitment for	4950
the minimum period specified by the court in divisions (A)(1)(a)	4951
to (e) of this section. During the minimum period, the department	4952
of youth services shall not move the child to a nonsecure setting	4953
without the permission of the court that imposed the disposition.	4954

(B)(1) Subject to division (B)(2) of this section, if a	4955
delinquent child is committed to the department of youth services	4956
under this section, the department may release the child at any	4957
time after the minimum period specified by the court in division	4958
(A)(1) of this section ends.	4959

(2) A commitment under this section is subject to a	4960
supervised release or to a discharge of the child from the custody	4961
of the department for medical reasons pursuant to section 5139.54	4962
of the Revised Code, but, during the minimum period specified by	4963
the court in division (A)(1) of this section, the department shall	4964
obtain court approval of a supervised release or discharge under	4965
that section.	4966

(C) If a child is adjudicated a delinquent child, at the	4967
dispositional hearing and prior to making any disposition pursuant	4968
to this section, the court shall determine whether the delinquent	4969
child previously has been adjudicated a delinquent child for a	4970
violation of a law or, ordinance, or resolution. If the delinquent	4971
child previously has been adjudicated a delinquent child for a	4972
violation of a law or, ordinance, or resolution, the court, for	4973
purposes of entering an order of disposition of the delinquent	4974
child under this section, shall consider the previous delinquent	4975
child adjudication as a conviction of a violation of the law or,	4976
ordinance, or resolution in determining the degree of the offense	4977
the current act would be had it been committed by an adult. This	4978
division also shall apply in relation to the imposition of any	4979
financial sanction under section 2152.19 of the Revised Code.	4980

Sec. 2152.18. (A) When a juvenile court commits a delinquent	4981
child to the custody of the department of youth services pursuant	4982
to this chapter, the court shall not designate the specific	4983
institution in which the department is to place the child but	4984
instead shall specify that the child is to be institutionalized in	4985
a secure facility.	4986

(B) When a juvenile court commits a delinquent child to the	4987
custody of the department of youth services pursuant to this	4988
chapter, the court shall state in the order of commitment the	4989
total number of days that the child has been held in detention in	4990
connection with the delinquent child complaint upon which the	4991
order of commitment is based. The department shall reduce the	4992
minimum period of institutionalization that was ordered by both	4993
the total number of days that the child has been so held in	4994
detention as stated by the court in the order of commitment and	4995
the total number of any additional days that the child has been	4996
held in detention subsequent to the order of commitment but prior	4997
to the transfer of physical custody of the child to the	4998
department.	4999

(C)(1) When a juvenile court commits a delinquent child to	5000
the custody of the department of youth services pursuant to this	5001
chapter, the court shall provide the department with the child's	5002
medical records, a copy of the report of any mental examination of	5003
the child ordered by the court, the Revised Code section or	5004
sections the child violated and the degree of each violation, the	5005
warrant to convey the child to the department, a copy of the	5006
court's journal entry ordering the commitment of the child to the	5007
legal custody of the department, a copy of the arrest record	5008
pertaining to the act for which the child was adjudicated a	5009
delinquent child, a copy of any victim impact statement pertaining	5010
to the act, and any other information concerning the child that	5011
the department reasonably requests. The court also shall complete	5012
the form for the standard predisposition investigation report that	5013
the department furnishes pursuant to section 5139.04 of the	5014
Revised Code and provide the department with the completed form.	5015

The department may refuse to accept physical custody of a	5016
delinquent child who is committed to the legal custody of the	5017
department until the court provides to the department the	5018
documents specified in this division. No officer or employee of	5019
the department who refuses to accept physical custody of a	5020
delinquent child who is committed to the legal custody of the	5021
department shall be subject to prosecution or contempt of court	5022
for the refusal if the court fails to provide the documents	5023
specified in this division at the time the court transfers the	5024
physical custody of the child to the department.	5025

(2) Within twenty working days after the department of youth	5026
services receives physical custody of a delinquent child from a	5027
juvenile court, the court shall provide the department with a	5028
certified copy of the child's birth certificate and the child's	5029
social security number or, if the court made all reasonable	5030
efforts to obtain the information but was unsuccessful, with	5031
documentation of the efforts it made to obtain the information.	5032

(3) If an officer is preparing pursuant to section 2947.06 or	5033
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	5034
investigation report pertaining to a person, the department shall	5035
make available to the officer, for use in preparing the report,	5036
any records or reports it possesses regarding that person that it	5037
received from a juvenile court pursuant to division (C)(1) of this	5038
section or that pertain to the treatment of that person after the	5039
person was committed to the custody of the department as a	5040
delinquent child.	5041

(D)(1) Within ten days after an adjudication that a child is	5042
a delinquent child, the court shall give written notice of the	5043
adjudication to the superintendent of a city, local, exempted	5044
village, or joint vocational school district, and to the principal	5045
of the school the child attends, if the basis of the adjudication	5046
was the commission of an act that would be a criminal offense if	5047
committed by an adult, if the act was committed by the delinquent	5048
child when the child was fourteen years of age or older, and if	5049
the act is any of the following:	5050

(a) An act that would be a felony or an offense of violence	5051
if committed by an adult, an act in the commission of which the	5052
child used or brandished a firearm, or an act that is a violation	5053
of section 2907.06, 2907.07, 2907.08, 2907.09, 2907.24, or	5054
2907.241 of the Revised Code and that would be a misdemeanor if	5055
committed by an adult;	5056

(b) A violation of section 2923.12 of the Revised Code or of	5057
a substantially similar municipal ordinance or township resolution	5058
that would be a misdemeanor if committed by an adult and that was	5059
committed on property owned or controlled by, or at an activity	5060
held under the auspices of, the board of education of that school	5061
district;	5062

(c) A violation of division (A) of section 2925.03 or 2925.11	5063
of the Revised Code that would be a misdemeanor if committed by an	5064
adult, that was committed on property owned or controlled by, or	5065
at an activity held under the auspices of, the board of education	5066
of that school district, and that is not a minor drug possession	5067
offense;	5068

(d) An act that would be a criminal offense if committed by	5069
an adult and that results in serious physical harm to persons or	5070
serious physical harm to property while the child is at school, on	5071
any other property owned or controlled by the board, or at an	5072
interscholastic competition, an extracurricular event, or any	5073
other school program or activity;	5074

(e) Complicity in any violation described in division	5075
(D)(1)(a), (b), (c), or (d) of this section that was alleged to	5076
have been committed in the manner described in division (D)(1)(a),	5077
(b), (c), or (d) of this section, regardless of whether the act of	5078
complicity was committed on property owned or controlled by, or at	5079
an activity held under the auspices of, the board of education of	5080
that school district.	5081

(2) The notice given pursuant to division (D)(1) of this	5082
section shall include the name of the child who was adjudicated to	5083
be a delinquent child, the child's age at the time the child	5084
committed the act that was the basis of the adjudication, and	5085
identification of the violation of the law or ordinance that was	5086
the basis of the adjudication.	5087

(3) Within fourteen days after committing a delinquent child	5088
to the custody of the department of youth services, the court	5089
shall give notice to the school attended by the child of the	5090
child's commitment by sending to that school a copy of the court's	5091
journal entry ordering the commitment. As soon as possible after	5092
receipt of the notice described in this division, the school shall	5093
provide the department with the child's school transcript.	5094
However, the department shall not refuse to accept a child	5095
committed to it, and a child committed to it shall not be held in	5096
a county or district detention facility, because of a school's	5097
failure to provide the school transcript that it is required to	5098
provide under this division.	5099

(4) Within fourteen days after discharging or releasing a	5100
child from an institution under its control, the department of	5101
youth services shall provide the court and the superintendent of	5102
the school district in which the child is entitled to attend	5103
school under section 3313.64 or 3313.65 of the Revised Code with	5104
the following:	5105

(a) An updated copy of the child's school transcript;

5106

(b) A report outlining the child's behavior in school while	5107
in the custody of the department;	5108

(c) The child's current individualized education program, as	5109
defined in section 3323.01 of the Revised Code, if such a program	5110
has been developed for the child;	5111

(d) A summary of the institutional record of the child's	5112
behavior.	5113

The department also shall provide the court with a copy of	5114
any portion of the child's institutional record that the court	5115
specifically requests, within five working days of the request.	5116

(E) At any hearing at which a child is adjudicated a	5117
delinquent child or as soon as possible after the hearing, the	5118
court shall notify all victims of the delinquent act who may be	5119
entitled to a recovery under any of the following sections of the	5120
right of the victims to recover, pursuant to section 3109.09 of	5121
the Revised Code, compensatory damages from the child's parents;	5122
of the right of the victims to recover, pursuant to section	5123
3109.10 of the Revised Code, compensatory damages from the child's	5124
parents for willful and malicious assaults committed by the child;	5125
and of the right of the victims to recover an award of reparations	5126
pursuant to sections 2743.51 to 2743.72 of the Revised Code.	5127

Sec. 2152.21. (A) Unless division (C) of this section	5128
applies, if a child is adjudicated a juvenile traffic offender,	5129
the court may make any of the following orders of disposition:	5130

(1) Impose costs and one or more financial sanctions in	5131
accordance with section 2152.20 of the Revised Code;	5132

(2) Suspend the child's driver's license, probationary	5133
driver's license, or temporary instruction permit for a definite	5134
period not exceeding two years or suspend the registration of all	5135
motor vehicles registered in the name of the child for a definite	5136
period not exceeding two years. A child whose license or permit	5137
is so suspended is ineligible for issuance of a license or permit	5138
during the period of suspension. At the end of the period of	5139
suspension, the child shall not be reissued a license or permit	5140
until the child has paid any applicable reinstatement fee and	5141
complied with all requirements governing license reinstatement.	5142

(3) Place the child on community control;

5143

(4) If the child is adjudicated a juvenile traffic offender	5144
for an act other than an act that would be a minor misdemeanor if	5145
committed by an adult and other than an act that could be disposed	5146
of by the juvenile traffic violations bureau serving the court	5147
under Traffic Rule 13.1 if the court has established a juvenile	5148
traffic violations bureau, require the child to make restitution	5149
pursuant to division (A)(3) of section 2152.20 of the Revised	5150
Code;	5151

(5)(a) If the child is adjudicated a juvenile traffic	5152
offender for committing a violation of division (A) of section	5153
4511.19 of the Revised Code or of a municipal ordinance or	5154
township resolution that is substantially equivalent to that	5155
division, commit the child, for not longer than five days, to	5156
either of the following:	5157

(i) The temporary custody of a detention facility or district	5158
detention facility established under section 2152.41 of the	5159
Revised Code;	5160

(ii) The temporary custody of any school, camp, institution,	5161
or other facility for children operated in whole or in part for	5162
the care of juvenile traffic offenders of that nature by the	5163
county, by a district organized under section 2151.65 or 2152.41	5164
of the Revised Code, or by a private agency or organization within	5165
the state that is authorized and qualified to provide the care,	5166
treatment, or placement required.	5167

(b) If an order of disposition committing a child to the	5168
temporary custody of a home, school, camp, institution, or other	5169
facility of that nature is made under division (A)(5)(a) of this	5170
section, the length of the commitment shall not be reduced or	5171
diminished as a credit for any time that the child was held in a	5172
place of detention or shelter care, or otherwise was detained,	5173
prior to entry of the order of disposition.	5174

(6) If, after making a disposition under divisions (A)(1) to	5175
(5) of this section, the court finds upon further hearing that the	5176
child has failed to comply with the orders of the court and the	5177
child's operation of a motor vehicle constitutes the child a	5178
danger to the child and to others, the court may make any	5179
disposition authorized by divisions (A)(1), (4), (5), and (8) of	5180
section 2152.19 of the Revised Code, except that the child may not	5181
be committed to or placed in a secure correctional facility unless	5182
authorized by division (A)(5) of this section, and commitment to	5183
or placement in a detention facility may not exceed twenty-four	5184
hours.	5185

(B) If a child is adjudicated a juvenile traffic offender for	5186
violating division (A) or (B) of section 4511.19 of the Revised	5187
Code, in addition to any order of disposition made under division	5188
(A) of this section, the court shall impose a class six suspension	5189
of the temporary instruction permit, probationary driver's	5190
license, or driver's license issued to the child from the range	5191
specified in division (A)(6) of section 4510.02 of the Revised	5192
Code. The court, in its discretion, may terminate the suspension	5193
if the child attends and satisfactorily completes a drug abuse or	5194
alcohol abuse education, intervention, or treatment program	5195
specified by the court. During the time the child is attending a	5196
program as described in this division, the court shall retain the	5197
child's temporary instruction permit, probationary driver's	5198
license, or driver's license issued, and the court shall return	5199
the permit or license if it terminates the suspension as described	5200
in this division.	5201

(C) If a child is adjudicated a juvenile traffic offender for	5202
violating division (B)(1) of section 4513.263 of the Revised Code,	5203
the court shall impose the appropriate fine set forth in division	5204
(G) of that section. If a child is adjudicated a juvenile traffic	5205
offender for violating division (B)(3) of section 4513.263 of the	5206
Revised Code and if the child is sixteen years of age or older,	5207
the court shall impose the fine set forth in division (G)(2) of	5208
that section. If a child is adjudicated a juvenile traffic	5209
offender for violating division (B)(3) of section 4513.263 of the	5210
Revised Code and if the child is under sixteen years of age, the	5211
court shall not impose a fine but may place the child on probation	5212
or community control.	5213

(D) A juvenile traffic offender is subject to sections	5214
4509.01 to 4509.78 of the Revised Code.	5215

Sec. 2152.41. (A) Upon the recommendation of the judge, the	5216
board of county commissioners shall provide, by purchase, lease,	5217
construction, or otherwise, a detention facility that shall be	5218
within a convenient distance of the juvenile court. The facility	5219
shall not be used for the confinement of adults charged with	5220
criminal offenses. The facility may be used to detain alleged	5221
delinquent children until final disposition for evaluation	5222
pursuant to section 2152.04 of the Revised Code, to confine	5223
children who are adjudicated delinquent children and placed in the	5224
facility pursuant to division (A)(3) of section 2152.19 of the	5225
Revised Code, and to confine children who are adjudicated juvenile	5226
traffic offenders and committed to the facility under division	5227
(A)(5) or (6) of section 2152.21 of the Revised Code.	5228

(B) Upon the joint recommendation of the juvenile judges of	5229
two or more neighboring counties, the boards of county	5230
commissioners of the counties shall form themselves into a joint	5231
board and proceed to organize a district for the establishment and	5232
support of a detention facility for the use of the juvenile courts	5233
of those counties, in which alleged delinquent children may be	5234
detained as provided in division (A) of this section, by using a	5235
site or buildings already established in one of the counties or by	5236
providing for the purchase of a site and the erection of the	5237
necessary buildings on the site.	5238

A child who is adjudicated to be a juvenile traffic offender	5239
for having committed a violation of division (A) of section	5240
4511.19 of the Revised Code or of a municipal ordinance or	5241
township resolution that is substantially comparable to that	5242
division may be confined in a detention facility or district	5243
detention facility pursuant to division (A)(5) of section 2152.21	5244
of the Revised Code, provided the child is kept separate and apart	5245
from alleged delinquent children.	5246

Except as otherwise provided by law, district detention	5247
facilities shall be established, operated, maintained, and managed	5248
in the same manner so far as applicable as county detention	5249
facilities.	5250

Members of the board of county commissioners who meet by	5251
appointment to consider the organization of a district detention	5252
home, upon presentation of properly certified accounts, shall be	5253
paid their necessary expenses upon a warrant drawn by the county	5254
auditor of their county.	5255

The county auditor of the county having the greatest	5256
population or, with the unanimous concurrence of the county	5257
auditors of the counties composing a district, the auditor of the	5258
county in which the detention facility is located shall be the	5259
fiscal officer of a detention facility district. The county	5260
auditors of the several counties composing a detention facility	5261
district shall meet at the district detention facility, not less	5262
than once in six months, to review accounts and to transact any	5263
other duties in connection with the institution that pertain to	5264
the business of their office.	5265

(C) In any county in which there is no detention facility or	5266
that is not served by a district detention facility, the juvenile	5267
court may enter into a contract, subject to the approval of the	5268
board of county commissioners, with another juvenile court,	5269
another county's detention facility, or a joint county detention	5270
facility. Alternately, the board of county commissioners shall	5271
provide funds for the boarding of children, who would be eligible	5272
for detention under division (A) of this section, temporarily in	5273
private homes or in certified foster homes approved by the court	5274
for a period not exceeding sixty days or until final disposition	5275
of their cases, whichever comes first. The court also may arrange	5276
with any public children services agency or private child placing	5277
agency to receive, or private noncustodial agency for temporary	5278
care of, children within the jurisdiction of the court.	5279

If the court arranges for the board of children temporarily	5280
detained in certified foster homes or through any private child	5281
placing agency, the county shall pay a reasonable sum to be fixed	5282
by the court for the board of those children. In order to have	5283
certified foster homes available for service, an agreed monthly	5284
subsidy may be paid and a fixed rate per day for care of children	5285
actually residing in the certified foster home.	5286

(D) The board of county commissioners of any county within a	5287
detention facility district, upon the recommendation of the	5288
juvenile court of that county, may withdraw from the district and	5289
sell or lease its right, title, and interest in the site,	5290
buildings, furniture, and equipment of the facility to any	5291
counties in the district, at any price and upon any such terms	5292
that are agreed upon among the boards of county commissioners of	5293
the counties concerned. Section 307.10 of the Revised Code does	5294
not apply to this division. The net proceeds of any sale or lease	5295
under this division shall be paid into the treasury of the	5296
withdrawing county.	5297

The members of the board of trustees of a district detention	5298
facility who are residents of a county withdrawing from the	5299
district are deemed to have resigned their positions upon the	5300
completion of the withdrawal procedure provided by this division.	5301
The vacancies then created shall be filled as provided in this	5302
section.	5303

(E) The children to be admitted for care in a county or	5304
district detention facility established under this section, the	5305
period during which they shall be cared for in the facility, and	5306
the removal and transfer of children from the facility shall be	5307
determined by the juvenile court that ordered the child's	5308
detention.	5309

Sec. 2325.15. When a judgment, ~~including judgments rendered~~	5310
~~by a judge of a county court or mayor,~~ a transcript of which has	5311
been filed in the court of common pleas for execution, is dormant,	5312
or when a finding for money in equitable proceedings remains	5313
unpaid in whole or in part, under the order of the court ~~therein~~	5314
that made the finding, ~~such~~the judgment may be revived, or ~~such~~	5315
the finding may be made subject to execution in the same manner as	5316
are judgments at law ~~are~~, either in the manner prescribed for	5317
reviving actions before judgment, or by action in the court in	5318
which ~~such~~the judgment was rendered or finding made, or in which	5319
transcript of judgment was filed.	5320

Sec. 2335.06. Each witness in civil cases shall receive the	5321
following fees:	5322

(A) Twelve dollars for each full day's attendance and six	5323
dollars for each half day's attendance at a court of record,	5324
~~mayor's court,~~ or before a person authorized to take depositions,	5325
to be taxed in the bill of costs. Each witness shall also receive	5326
ten cents for each mile necessarily traveled to and from ~~his~~the	5327
witness's place of residence to the place of giving ~~his~~ testimony,	5328
to be taxed in the bill of costs.	5329

(B) For attending a coroner's inquest, the same fees and	5330
mileage provided by division (A) of this section, payable from the	5331
county treasury on the certificate of the coroner.	5332

(C) As used in this section, "full day's attendance" means a	5333
day on which a witness is required or requested to be present at	5334
proceedings before and after twelve noon regardless of whether he	5335
the witness actually testifies; "half day's attendance" means a	5336
day on which a witness is required or requested to be present at	5337
proceedings either before or after twelve noon, but not both,	5338
regardless of whether hethe witness actually testifies.	5339

Sec. 2335.08. Each witness attending, under recognizance or	5340
subpoena issued by order of the prosecuting attorney or defendant,	5341
before the grand jury or any court ~~of record,~~ in criminal causes,	5342
shall be allowed the same fees as provided by section 2335.06 of	5343
the Revised Code in civil causes, to be taxed in only one cause	5344
when ~~such~~the witness is attending in more causes than one on the	5345
same days, unless otherwise directed by special order of the	5346
court. When certified to the county auditor by the clerk of the	5347
court, ~~such~~the fees shall be paid from the county treasury, and	5348
except as to the grand jury, taxed in the bill of costs. Each	5349
witness attending before a judge of a county court,or magistrate,	5350
~~or mayor,~~ under subpoena in criminal cases, shall be allowed the	5351
fees provided by ~~such~~that section for witnesses in the court of	5352
common pleas. In state cases ~~such~~the fees shall be paid out of	5353
the county treasury, and in ordinance and resolution cases they	5354
shall be paid out of the treasury of the municipal corporation or	5355
township, upon the certificates of the judge or magistrate, and	5356
they shall be taxed in the bill of costs.	5357

When the fees enumerated by this section have been collected	5358
from the judgment debtor, they shall be paid to the public	5359
treasury from which ~~such~~the fees were advanced.	5360

Sec. 2335.09. Whenever, in any criminal proceeding or	5361
prosecution for the violation of an ordinance or resolution, or in	5362
a hearing before a coroner, an interpreter is necessary, the	5363
judge, magistrate, or coroner may appoint interpreters, who shall	5364
receive fees as witnesses in the case or proceeding. ~~Such~~The	5365
fees shall be taxed and paid as provided by sections 2335.05 to	5366
2335.08~~, inclusive,~~ of the Revised Code for other witness fees.	5367
This section shall not apply if, by law, an interpreter is	5368
otherwise provided.	5369

Sec. 2743.51. As used in sections 2743.51 to 2743.72 of the	5370
Revised Code:	5371

(A) "Claimant" means both of the following categories of	5372
persons:	5373

(1) Any of the following persons who claim an award of	5374
reparations under sections 2743.51 to 2743.72 of the Revised Code:	5375

(a) A victim who was one of the following at the time of the	5376
criminally injurious conduct:	5377

(i) A resident of the United States;

5378

(ii) A resident of a foreign country the laws of which permit	5379
residents of this state to recover compensation as victims of	5380
offenses committed in that country.	5381

(b) A dependent of a deceased victim who is described in	5382
division (A)(1)(a) of this section;	5383

(c) A third person, other than a collateral source, who	5384
legally assumes or voluntarily pays the obligations of a victim,	5385
or of a dependent of a victim, who is described in division	5386
(A)(1)(a) of this section, which obligations are incurred as a	5387
result of the criminally injurious conduct that is the subject of	5388
the claim and may include, but are not limited to, medical or	5389
burial expenses;	5390

(d) A person who is authorized to act on behalf of any person	5391
who is described in division (A)(1)(a), (b), or (c) of this	5392
section;	5393

(e) The estate of a deceased victim who is described in	5394
division (A)(1)(a) of this section.	5395

(2) Any of the following persons who claim an award of	5396
reparations under sections 2743.51 to 2743.72 of the Revised Code:	5397

(a) A victim who had a permanent place of residence within	5398
this state at the time of the criminally injurious conduct and	5399
who, at the time of the criminally injurious conduct, complied	5400
with any one of the following:	5401

(i) Had a permanent place of employment in this state;

5402

(ii) Was a member of the regular armed forces of the United	5403
States or of the United States coast guard or was a full-time	5404
member of the Ohio organized militia or of the United States army	5405
reserve, naval reserve, or air force reserve;	5406

(iii) Was retired and receiving social security or any other	5407
retirement income;	5408

(iv) Was sixty years of age or older;

5409

(v) Was temporarily in another state for the purpose of	5410
receiving medical treatment;	5411

(vi) Was temporarily in another state for the purpose of	5412
performing employment-related duties required by an employer	5413
located within this state as an express condition of employment or	5414
employee benefits;	5415

(vii) Was temporarily in another state for the purpose of	5416
receiving occupational, vocational, or other job-related training	5417
or instruction required by an employer located within this state	5418
as an express condition of employment or employee benefits;	5419

(viii) Was a full-time student at an academic institution,	5420
college, or university located in another state;	5421

(ix) Had not departed the geographical boundaries of this	5422
state for a period exceeding thirty days or with the intention of	5423
becoming a citizen of another state or establishing a permanent	5424
place of residence in another state.	5425

(b) A dependent of a deceased victim who is described in	5426
division (A)(2)(a) of this section;	5427

(c) A third person, other than a collateral source, who	5428
legally assumes or voluntarily pays the obligations of a victim,	5429
or of a dependent of a victim, who is described in division	5430
(A)(2)(a) of this section, which obligations are incurred as a	5431
result of the criminally injurious conduct that is the subject of	5432
the claim and may include, but are not limited to, medical or	5433
burial expenses;	5434

(d) A person who is authorized to act on behalf of any person	5435
who is described in division (A)(2)(a), (b), or (c) of this	5436
section;	5437

(e) The estate of a deceased victim who is described in	5438
division (A)(2)(a) of this section.	5439

(B) "Collateral source" means a source of benefits or	5440
advantages for economic loss otherwise reparable that the victim	5441
or claimant has received, or that is readily available to the	5442
victim or claimant, from any of the following sources:	5443

(1) The offender;

5444

(2) The government of the United States or any of its	5445
agencies, a state or any of its political subdivisions, or an	5446
instrumentality of two or more states, unless the law providing	5447
for the benefits or advantages makes them excess or secondary to	5448
benefits under sections 2743.51 to 2743.72 of the Revised Code;	5449

(3) Social security, medicare, and medicaid;

5450

(4) State-required, temporary, nonoccupational disability	5451
insurance;	5452

(5) Workers' compensation;

5453

(6) Wage continuation programs of any employer;

5454

(7) Proceeds of a contract of insurance payable to the victim	5455
for loss that the victim sustained because of the criminally	5456
injurious conduct;	5457

(8) A contract providing prepaid hospital and other health	5458
care services, or benefits for disability;	5459

(9) That portion of the proceeds of all contracts of	5460
insurance payable to the claimant on account of the death of the	5461
victim that exceeds fifty thousand dollars;	5462

(10) Any compensation recovered or recoverable under the laws	5463
of another state, district, territory, or foreign country because	5464
the victim was the victim of an offense committed in that state,	5465
district, territory, or country.	5466

"Collateral source" does not include any money, or the	5467
monetary value of any property, that is subject to sections	5468
2969.01 to 2969.06 of the Revised Code or that is received as a	5469
benefit from the Ohio public safety officers death benefit fund	5470
created by section 742.62 of the Revised Code.	5471

(C) "Criminally injurious conduct" means one of the	5472
following:	5473

(1) For the purposes of any person described in division	5474
(A)(1) of this section, any conduct that occurs or is attempted in	5475
this state; poses a substantial threat of personal injury or	5476
death; and is punishable by fine, imprisonment, or death, or would	5477
be so punishable but for the fact that the person engaging in the	5478
conduct lacked capacity to commit the crime under the laws of this	5479
state. Criminally injurious conduct does not include conduct	5480
arising out of the ownership, maintenance, or use of a motor	5481
vehicle, except when any of the following applies:	5482

(a) The person engaging in the conduct intended to cause	5483
personal injury or death;	5484

(b) The person engaging in the conduct was using the vehicle	5485
to flee immediately after committing a felony or an act that would	5486
constitute a felony but for the fact that the person engaging in	5487
the conduct lacked the capacity to commit the felony under the	5488
laws of this state;	5489

(c) The person engaging in the conduct was using the vehicle	5490
in a manner that constitutes an OVI violation;	5491

(d) The conduct occurred on or after July 25, 1990, and the	5492
person engaging in the conduct was using the vehicle in a manner	5493
that constitutes a violation of section 2903.08 of the Revised	5494
Code;	5495

(e) The person engaging in the conduct acted in a manner that	5496
caused serious physical harm to a person and that constituted a	5497
violation of section 4549.02 or 4549.021 of the Revised Code.	5498

(2) For the purposes of any person described in division	5499
(A)(2) of this section, any conduct that occurs or is attempted in	5500
another state, district, territory, or foreign country; poses a	5501
substantial threat of personal injury or death; and is punishable	5502
by fine, imprisonment, or death, or would be so punishable but for	5503
the fact that the person engaging in the conduct lacked capacity	5504
to commit the crime under the laws of the state, district,	5505
territory, or foreign country in which the conduct occurred or was	5506
attempted. Criminally injurious conduct does not include conduct	5507
arising out of the ownership, maintenance, or use of a motor	5508
vehicle, except when any of the following applies:	5509

(a) The person engaging in the conduct intended to cause	5510
personal injury or death;	5511

(b) The person engaging in the conduct was using the vehicle	5512
to flee immediately after committing a felony or an act that would	5513
constitute a felony but for the fact that the person engaging in	5514
the conduct lacked the capacity to commit the felony under the	5515
laws of the state, district, territory, or foreign country in	5516
which the conduct occurred or was attempted;	5517

(c) The person engaging in the conduct was using the vehicle	5518
in a manner that constitutes an OVI violation;	5519

(d) The conduct occurred on or after July 25, 1990, the	5520
person engaging in the conduct was using the vehicle in a manner	5521
that constitutes a violation of any law of the state, district,	5522
territory, or foreign country in which the conduct occurred, and	5523
that law is substantially similar to a violation of section	5524
2903.08 of the Revised Code;	5525

(e) The person engaging in the conduct acted in a manner that	5526
caused serious physical harm to a person and that constituted a	5527
violation of any law of the state, district, territory, or foreign	5528
country in which the conduct occurred, and that law is	5529
substantially similar to section 4549.02 or 4549.021 of the	5530
Revised Code.	5531

(3) For the purposes of any person described in division	5532
(A)(1) or (2) of this section, terrorism that occurs within or	5533
outside the territorial jurisdiction of the United States.	5534

(D) "Dependent" means an individual wholly or partially	5535
dependent upon the victim for care and support, and includes a	5536
child of the victim born after the victim's death.	5537

(E) "Economic loss" means economic detriment consisting only	5538
of allowable expense, work loss, funeral expense, unemployment	5539
benefits loss, replacement services loss, cost of crime scene	5540
cleanup, and cost of evidence replacement. If criminally injurious	5541
conduct causes death, economic loss includes a dependent's	5542
economic loss and a dependent's replacement services loss.	5543
Noneconomic detriment is not economic loss; however, economic loss	5544
may be caused by pain and suffering or physical impairment.	5545

(F)(1) "Allowable expense" means reasonable charges incurred	5546
for reasonably needed products, services, and accommodations,	5547
including those for medical care, rehabilitation, rehabilitative	5548
occupational training, and other remedial treatment and care and	5549
including replacement costs for eyeglasses and other corrective	5550
lenses. It does not include that portion of a charge for a room in	5551
a hospital, clinic, convalescent home, nursing home, or any other	5552
institution engaged in providing nursing care and related services	5553
in excess of a reasonable and customary charge for semiprivate	5554
accommodations, unless accommodations other than semiprivate	5555
accommodations are medically required.	5556

(2) An immediate family member of a victim of criminally	5557
injurious conduct that consists of a homicide, a sexual assault,	5558
domestic violence, or a severe and permanent incapacitating injury	5559
resulting in paraplegia or a similar life-altering condition, who	5560
requires psychiatric care or counseling as a result of the	5561
criminally injurious conduct, may be reimbursed for that care or	5562
counseling as an allowable expense through the victim's	5563
application. The cumulative allowable expense for care or	5564
counseling of that nature shall not exceed two thousand five	5565
hundred dollars for each immediate family member of a victim of	5566
that type and seven thousand five hundred dollars in the aggregate	5567
for all immediate family members of a victim of that type.	5568

(3) A family member of a victim who died as a proximate	5569
result of criminally injurious conduct may be reimbursed as an	5570
allowable expense through the victim's application for wages lost	5571
and travel expenses incurred in order to attend criminal justice	5572
proceedings arising from the criminally injurious conduct. The	5573
cumulative allowable expense for wages lost and travel expenses	5574
incurred by a family member to attend criminal justice proceedings	5575
shall not exceed five hundred dollars for each family member of	5576
the victim and two thousand dollars in the aggregate for all	5577
family members of the victim.	5578

(4) "Allowable expense" includes attorney's fees not	5579
exceeding two thousand five hundred dollars, at a rate not	5580
exceeding one hundred fifty dollars per hour, incurred to	5581
successfully obtain a restraining order, custody order, or other	5582
order to physically separate a victim from an offender, if the	5583
attorney has not received payment under section 2743.65 of the	5584
Revised Code for assisting a claimant with an application for an	5585
award of reparations under sections 2743.51 to 2743.72 of the	5586
Revised Code.	5587

(G) "Work loss" means loss of income from work that the	5588
injured person would have performed if the person had not been	5589
injured and expenses reasonably incurred by the person to obtain	5590
services in lieu of those the person would have performed for	5591
income, reduced by any income from substitute work actually	5592
performed by the person, or by income the person would have earned	5593
in available appropriate substitute work that the person was	5594
capable of performing but unreasonably failed to undertake.	5595

(H) "Replacement services loss" means expenses reasonably	5596
incurred in obtaining ordinary and necessary services in lieu of	5597
those the injured person would have performed, not for income, but	5598
for the benefit of the person's self or family, if the person had	5599
not been injured.	5600

(I) "Dependent's economic loss" means loss after a victim's	5601
death of contributions of things of economic value to the victim's	5602
dependents, not including services they would have received from	5603
the victim if the victim had not suffered the fatal injury, less	5604
expenses of the dependents avoided by reason of the victim's	5605
death. If a minor child of a victim is adopted after the victim's	5606
death, the minor child continues after the adoption to incur a	5607
dependent's economic loss as a result of the victim's death. If	5608
the surviving spouse of a victim remarries, the surviving spouse	5609
continues after the remarriage to incur a dependent's economic	5610
loss as a result of the victim's death.	5611

(J) "Dependent's replacement services loss" means loss	5612
reasonably incurred by dependents after a victim's death in	5613
obtaining ordinary and necessary services in lieu of those the	5614
victim would have performed for their benefit if the victim had	5615
not suffered the fatal injury, less expenses of the dependents	5616
avoided by reason of the victim's death and not subtracted in	5617
calculating the dependent's economic loss. If a minor child of a	5618
victim is adopted after the victim's death, the minor child	5619
continues after the adoption to incur a dependent's replacement	5620
services loss as a result of the victim's death. If the surviving	5621
spouse of a victim remarries, the surviving spouse continues after	5622
the remarriage to incur a dependent's replacement services loss as	5623
a result of the victim's death.	5624

(K) "Noneconomic detriment" means pain, suffering,	5625
inconvenience, physical impairment, or other nonpecuniary damage.	5626

(L) "Victim" means a person who suffers personal injury or	5627
death as a result of any of the following:	5628

(1) Criminally injurious conduct;

5629

(2) The good faith effort of any person to prevent criminally	5630
injurious conduct;	5631

(3) The good faith effort of any person to apprehend a person	5632
suspected of engaging in criminally injurious conduct.	5633

(M) "Contributory misconduct" means any conduct of the	5634
claimant or of the victim through whom the claimant claims an	5635
award of reparations that is unlawful or intentionally tortious	5636
and that, without regard to the conduct's proximity in time or	5637
space to the criminally injurious conduct, has a causal	5638
relationship to the criminally injurious conduct that is the basis	5639
of the claim.	5640

(N)(1) "Funeral expense" means any reasonable charges that	5641
are not in excess of seven thousand five hundred dollars per	5642
funeral and that are incurred for expenses directly related to a	5643
victim's funeral, cremation, or burial and any wages lost or	5644
travel expenses incurred by a family member of a victim in order	5645
to attend the victim's funeral, cremation, or burial.	5646

(2) An award for funeral expenses shall be applied first to	5647
expenses directly related to the victim's funeral, cremation, or	5648
burial. An award for wages lost or travel expenses incurred by a	5649
family member of the victim shall not exceed five hundred dollars	5650
for each family member and shall not exceed in the aggregate the	5651
difference between seven thousand five hundred dollars and	5652
expenses that are reimbursed by the program and that are directly	5653
related to the victim's funeral, cremation, or burial.	5654

(O) "Unemployment benefits loss" means a loss of unemployment	5655
benefits pursuant to Chapter 4141. of the Revised Code when the	5656
loss arises solely from the inability of a victim to meet the able	5657
to work, available for suitable work, or the actively seeking	5658
suitable work requirements of division (A)(4)(a) of section	5659
4141.29 of the Revised Code.	5660

(P) "OVI violation" means any of the following:

5661

(1) A violation of section 4511.19 of the Revised Code, of	5662
any municipal ordinance prohibiting the operation of a vehicle	5663
while under the influence of alcohol, a drug of abuse, or a	5664
combination of them, or of any municipal ordinance prohibiting the	5665
operation of a vehicle with a prohibited concentration of alcohol,	5666
a controlled substance, or a metabolite of a controlled substance	5667
in the whole blood, blood serum or plasma, breath, or urine;	5668

(2) A violation of division (A)(1) of section 2903.06 of the	5669
Revised Code;	5670

(3) A violation of division (A)(2), (3), or (4) of section	5671
2903.06 of the Revised Code or of a municipal ordinance or	5672
township resolution substantially similar to any of those	5673
divisions, if the offender was under the influence of alcohol, a	5674
drug of abuse, or a combination of them, at the time of the	5675
commission of the offense;	5676

(4) For purposes of any person described in division (A)(2)	5677
of this section, a violation of any law of the state, district,	5678
territory, or foreign country in which the criminally injurious	5679
conduct occurred, if that law is substantially similar to a	5680
violation described in division (P)(1) or (2) of this section or	5681
if that law is substantially similar to a violation described in	5682
division (P)(3) of this section and the offender was under the	5683
influence of alcohol, a drug of abuse, or a combination of them,	5684
at the time of the commission of the offense.	5685

(Q) "Pendency of the claim" for an original reparations	5686
application or supplemental reparations application means the	5687
period of time from the date the criminally injurious conduct upon	5688
which the application is based occurred until the date a final	5689
decision, order, or judgment concerning that original reparations	5690
application or supplemental reparations application is issued.	5691

(R) "Terrorism" means any activity to which all of the	5692
following apply:	5693

(1) The activity involves a violent act or an act that is	5694
dangerous to human life.	5695

(2) The act described in division (R)(1) of this section is	5696
committed within the territorial jurisdiction of the United States	5697
and is a violation of the criminal laws of the United States, this	5698
state, or any other state or the act described in division (R)(1)	5699
of this section is committed outside the territorial jurisdiction	5700
of the United States and would be a violation of the criminal laws	5701
of the United States, this state, or any other state if committed	5702
within the territorial jurisdiction of the United States.	5703

(3) The activity appears to be intended to do any of the	5704
following:	5705

(a) Intimidate or coerce a civilian population;

5706

(b) Influence the policy of any government by intimidation or	5707
coercion;	5708

(c) Affect the conduct of any government by assassination or	5709
kidnapping.	5710

(4) The activity occurs primarily outside the territorial	5711
jurisdiction of the United States or transcends the national	5712
boundaries of the United States in terms of the means by which the	5713
activity is accomplished, the person or persons that the activity	5714
appears intended to intimidate or coerce, or the area or locale in	5715
which the perpetrator or perpetrators of the activity operate or	5716
seek asylum.	5717

(S) "Transcends the national boundaries of the United States"	5718
means occurring outside the territorial jurisdiction of the United	5719
States in addition to occurring within the territorial	5720
jurisdiction of the United States.	5721

(T) "Cost of crime scene cleanup" means reasonable and	5722
necessary costs of cleaning the scene and repairing, for the	5723
purpose of personal security, property damaged at the scene where	5724
the criminally injurious conduct occurred, not to exceed seven	5725
hundred fifty dollars in the aggregate per claim.	5726

(U) "Cost of evidence replacement" means costs for	5727
replacement of property confiscated for evidentiary purposes	5728
related to the criminally injurious conduct, not to exceed seven	5729
hundred fifty dollars in the aggregate per claim.	5730

(V) "Provider" means any person who provides a victim or	5731
claimant with a product, service, or accommodations that are an	5732
allowable expense or a funeral expense.	5733

(W) "Immediate family member" means an individual who resided	5734
in the same permanent household as a victim at the time of the	5735
criminally injurious conduct and who is related to the victim by	5736
affinity or consanguinity.	5737

(X) "Family member" means an individual who is related to a	5738
victim by affinity or consanguinity.	5739

Sec. 2743.60. (A) The attorney general, a court of claims	5740
panel of commissioners, or a judge of the court of claims shall	5741
not make or order an award of reparations to any claimant who, if	5742
the victim of the criminally injurious conduct was an adult, did	5743
not file an application for an award of reparations within two	5744
years after the date of the occurrence of the criminally injurious	5745
conduct that caused the injury or death for which the victim is	5746
seeking an award of reparations or who, if the victim of that	5747
criminally injurious conduct was a minor, did not file an	5748
application for an award of reparations within the period provided	5749
by division (B)(1) of section 2743.56 of the Revised Code. An	5750
award of reparations shall not be made to a claimant if the	5751
criminally injurious conduct upon which the claimant bases a claim	5752
was not reported to a law enforcement officer or agency within	5753
seventy-two hours after the occurrence of the conduct, unless it	5754
is determined that good cause existed for the failure to report	5755
the conduct within the seventy-two-hour period.	5756

(B)(1) The attorney general, a panel of commissioners, or a	5757
judge of the court of claims shall not make or order an award of	5758
reparations to a claimant if any of the following apply:	5759

(a) The claimant is the offender or an accomplice of the	5760
offender who committed the criminally injurious conduct, or the	5761
award would unjustly benefit the offender or accomplice.	5762

(b) Except as provided in division (B)(2) of this section,	5763
both of the following apply:	5764

(i) The victim was a passenger in a motor vehicle and knew or	5765
reasonably should have known that the driver was under the	5766
influence of alcohol, a drug of abuse, or both.	5767

(ii) The claimant is seeking compensation for injuries	5768
proximately caused by the driver described in division	5769
(B)(1)(b)(i) of this section being under the influence of alcohol,	5770
a drug of abuse, or both.	5771

5772

(i) The victim was under the influence of alcohol, a drug of	5773
abuse, or both and was a passenger in a motor vehicle and, if	5774
sober, should have reasonably known that the driver was under the	5775
influence of alcohol, a drug of abuse, or both.	5776

(ii) The claimant is seeking compensation for injuries	5777
proximately caused by the driver described in division	5778
(B)(1)(b)(i) of this section being under the influence of alcohol,	5779
a drug of abuse, or both.	5780

(2) Division (B)(1)(b) of this section does not apply if on	5781
the date of the occurrence of the criminally injurious conduct,	5782
the victim was under sixteen years of age or was at least sixteen	5783
years of age but less than eighteen years of age and was riding	5784
with a parent, guardian, or care-provider.	5785

(C) The attorney general, a panel of commissioners, or a	5786
judge of the court of claims, upon a finding that the claimant or	5787
victim has not fully cooperated with appropriate law enforcement	5788
agencies, may deny a claim or reconsider and reduce an award of	5789
reparations.	5790

(D) The attorney general, a panel of commissioners, or a	5791
judge of the court of claims shall reduce an award of reparations	5792
or deny a claim for an award of reparations that is otherwise	5793
payable to a claimant to the extent that the economic loss upon	5794
which the claim is based is recouped from other persons, including	5795
collateral sources. If an award is reduced or a claim is denied	5796
because of the expected recoupment of all or part of the economic	5797
loss of the claimant from a collateral source, the amount of the	5798
award or the denial of the claim shall be conditioned upon the	5799
claimant's economic loss being recouped by the collateral source.	5800
If the award or denial is conditioned upon the recoupment of the	5801
claimant's economic loss from a collateral source and it is	5802
determined that the claimant did not unreasonably fail to present	5803
a timely claim to the collateral source and will not receive all	5804
or part of the expected recoupment, the claim may be reopened and	5805
an award may be made in an amount equal to the amount of expected	5806
recoupment that it is determined the claimant will not receive	5807
from the collateral source.	5808

If the claimant recoups all or part of the economic loss upon	5809
which the claim is based from any other person or entity,	5810
including a collateral source, the attorney general may recover	5811
pursuant to section 2743.72 of the Revised Code the part of the	5812
award that represents the economic loss for which the claimant	5813
received the recoupment from the other person or entity.	5814

(E)(1) Except as otherwise provided in division (E)(2) of	5815
this section, the attorney general, a panel of commissioners, or a	5816
judge of the court of claims shall not make an award to a claimant	5817
if any of the following applies:	5818

(a) The victim was convicted of a felony within ten years	5819
prior to the criminally injurious conduct that gave rise to the	5820
claim or is convicted of a felony during the pendency of the	5821
claim.	5822

(b) The claimant was convicted of a felony within ten years	5823
prior to the criminally injurious conduct that gave rise to the	5824
claim or is convicted of a felony during the pendency of the	5825
claim.	5826

(c) It is proved by a preponderance of the evidence that the	5827
victim or the claimant engaged, within ten years prior to the	5828
criminally injurious conduct that gave rise to the claim or during	5829
the pendency of the claim, in an offense of violence, a violation	5830
of section 2925.03 of the Revised Code, or any substantially	5831
similar offense that also would constitute a felony under the laws	5832
of this state, another state, or the United States.	5833

(d) The claimant was convicted of a violation of section	5834
2919.22 or 2919.25 of the Revised Code, or of any state law or,	5835
municipal ordinance, or township resolution substantially similar	5836
to either section, within ten years prior to the criminally	5837
injurious conduct that gave rise to the claim or during the	5838
pendency of the claim.	5839

(e) It is proved by a preponderance of the evidence that the	5840
victim at the time of the criminally injurious conduct that gave	5841
rise to the claim engaged in conduct that was a felony violation	5842
of section 2925.11 of the Revised Code or engaged in any	5843
substantially similar conduct that would constitute a felony under	5844
the laws of this state, another state, or the United States.	5845

(2) The attorney general, a panel of commissioners, or a	5846
judge of the court of claims may make an award to a minor	5847
dependent of a deceased victim for dependent's economic loss or	5848
for counseling pursuant to division (F)(2) of section 2743.51 of	5849
the Revised Code if the minor dependent is not ineligible under	5850
division (E)(1) of this section due to the minor dependent's	5851
criminal history and if the victim was not killed while engaging	5852
in illegal conduct that contributed to the criminally injurious	5853
conduct that gave rise to the claim. For purposes of this section,	5854
the use of illegal drugs by the deceased victim shall not be	5855
deemed to have contributed to the criminally injurious conduct	5856
that gave rise to the claim.	5857

(F) In determining whether to make an award of reparations	5858
pursuant to this section, the attorney general or panel of	5859
commissioners shall consider whether there was contributory	5860
misconduct by the victim or the claimant. The attorney general, a	5861
panel of commissioners, or a judge of the court of claims shall	5862
reduce an award of reparations or deny a claim for an award of	5863
reparations to the extent it is determined to be reasonable	5864
because of the contributory misconduct of the claimant or the	5865
victim.	5866

When the attorney general decides whether a claim should be	5867
denied because of an allegation of contributory misconduct, the	5868
burden of proof on the issue of that alleged contributory	5869
misconduct shall be upon the claimant, if either of the following	5870
apply:	5871

(1) The victim was convicted of a felony more than ten years	5872
prior to the criminally injurious conduct that is the subject of	5873
the claim or has a record of felony arrests under the laws of this	5874
state, another state, or the United States.	5875

(2) There is good cause to believe that the victim engaged in	5876
an ongoing course of criminal conduct within five years or less of	5877
the criminally injurious conduct that is the subject of the claim.	5878

(G) The attorney general, a panel of commissioners, or a	5879
judge of the court of claims shall not make an award of	5880
reparations to a claimant if the criminally injurious conduct that	5881
caused the injury or death that is the subject of the claim	5882
occurred to a victim who was an adult and while the victim, after	5883
being convicted of or pleading guilty to an offense, was serving a	5884
sentence of imprisonment in any detention facility, as defined in	5885
section 2921.01 of the Revised Code.	5886

(H) If a claimant unreasonably fails to present a claim	5887
timely to a source of benefits or advantages that would have been	5888
a collateral source and that would have reimbursed the claimant	5889
for all or a portion of a particular expense, the attorney	5890
general, a panel of commissioners, or a judge of the court of	5891
claims may reduce an award of reparations or deny a claim for an	5892
award of reparations to the extent that it is reasonable to do so.	5893

(I) Reparations payable to a victim and to all other	5894
claimants sustaining economic loss because of injury to or the	5895
death of that victim shall not exceed fifty thousand dollars in	5896
the aggregate. If the attorney general, a panel of commissioners,	5897
or a judge of the court of claims reduces an award under division	5898
(F) of this section, the maximum aggregate amount of reparations	5899
payable under this division shall be reduced proportionately to	5900
the reduction under division (F) of this section.	5901

Sec. 2743.70. (A)(1) The court, in which any person is	5902
convicted of or pleads guilty to any offense other than a traffic	5903
offense that is not a moving violation, shall impose the following	5904
sum as costs in the case in addition to any other court costs that	5905
the court is required by law to impose upon the offender:	5906

(a) Thirty dollars, if the offense is a felony;

5907

(b) Nine dollars, if the offense is a misdemeanor.

5908

The court shall not waive the payment of the thirty or nine	5909
dollars court costs, unless the court determines that the offender	5910
is indigent and waives the payment of all court costs imposed upon	5911
the indigent offender. All such moneys shall be transmitted on the	5912
first business day of each month by the clerk of the court to the	5913
treasurer of state and deposited by the treasurer in the	5914
reparations fund.	5915

(2) The juvenile court in which a child is found to be a	5916
delinquent child or a juvenile traffic offender for an act which,	5917
if committed by an adult, would be an offense other than a traffic	5918
offense that is not a moving violation, shall impose the following	5919
sum as costs in the case in addition to any other court costs that	5920
the court is required or permitted by law to impose upon the	5921
delinquent child or juvenile traffic offender:	5922

(a) Thirty dollars, if the act, if committed by an adult,	5923
would be a felony;	5924

(b) Nine dollars, if the act, if committed by an adult, would	5925
be a misdemeanor.	5926

The thirty or nine dollars court costs shall be collected in	5927
all cases unless the court determines the juvenile is indigent and	5928
waives the payment of all court costs, or enters an order on its	5929
journal stating that it has determined that the juvenile is	5930
indigent, that no other court costs are to be taxed in the case,	5931
and that the payment of the thirty or nine dollars court costs is	5932
waived. All such moneys collected during a month shall be	5933
transmitted on or before the twentieth day of the following month	5934
by the clerk of the court to the treasurer of state and deposited	5935
by the treasurer in the reparations fund.	5936

(B) Whenever a person is charged with any offense other than	5937
a traffic offense that is not a moving violation and posts bail	5938
pursuant to sections 2937.22 to 2937.46 of the Revised Code,	5939
Criminal Rule 46, or Traffic Rule 4, the court shall add to the	5940
amount of the bail the thirty or nine dollars required to be paid	5941
by division (A)(1) of this section. The thirty or nine dollars	5942
shall be retained by the clerk of the court until the person is	5943
convicted, pleads guilty, forfeits bail, is found not guilty, or	5944
has the charges dismissed. If the person is convicted, pleads	5945
guilty, or forfeits bail, the clerk shall transmit the thirty or	5946
nine dollars to the treasurer of state, who shall deposit it in	5947
the reparations fund. If the person is found not guilty or the	5948
charges are dismissed, the clerk shall return the thirty or nine	5949
dollars to the person.	5950

(C) No person shall be placed or held in jail for failing to	5951
pay the additional thirty or nine dollars court costs or bail that	5952
are required to be paid by this section.	5953

(D) As used in this section:

5954

(1) "Moving violation" means any violation of any statute or,	5955
ordinance, or resolution, other than section 4513.263 of the	5956
Revised Code or an ordinance or resolution that is substantially	5957
equivalent to that section, that regulates the operation of	5958
vehicles, streetcars, or trackless trolleys on highways or streets	5959
or that regulates size or load limitations or fitness requirements	5960
of vehicles. "Moving violation" does not include the violation of	5961
any statute or, ordinance, or resolution that regulates	5962
pedestrians or the parking of vehicles.	5963

(2) "Bail" means cash, a check, a money order, a credit card,	5964
or any other form of money that is posted by or for an offender	5965
pursuant to sections 2937.22 to 2937.46 of the Revised Code,	5966
Criminal Rule 46, or Traffic Rule 4 to prevent the offender from	5967
being placed or held in a detention facility, as defined in	5968
section 2921.01 of the Revised Code.	5969

Sec. 2901.01. (A) As used in the Revised Code:

5970

(1) "Force" means any violence, compulsion, or constraint	5971
physically exerted by any means upon or against a person or thing.	5972

(2) "Deadly force" means any force that carries a substantial	5973
risk that it will proximately result in the death of any person.	5974

(3) "Physical harm to persons" means any injury, illness, or	5975
other physiological impairment, regardless of its gravity or	5976
duration.	5977

(4) "Physical harm to property" means any tangible or	5978
intangible damage to property that, in any degree, results in loss	5979
to its value or interferes with its use or enjoyment. "Physical	5980
harm to property" does not include wear and tear occasioned by	5981
normal use.	5982

(5) "Serious physical harm to persons" means any of the	5983
following:	5984

(a) Any mental illness or condition of such gravity as would	5985
normally require hospitalization or prolonged psychiatric	5986
treatment;	5987

(b) Any physical harm that carries a substantial risk of	5988
death;	5989

(c) Any physical harm that involves some permanent	5990
incapacity, whether partial or total, or that involves some	5991
temporary, substantial incapacity;	5992

(d) Any physical harm that involves some permanent	5993
disfigurement or that involves some temporary, serious	5994
disfigurement;	5995

(e) Any physical harm that involves acute pain of such	5996
duration as to result in substantial suffering or that involves	5997
any degree of prolonged or intractable pain.	5998

(6) "Serious physical harm to property" means any physical	5999
harm to property that does either of the following:	6000

(a) Results in substantial loss to the value of the property	6001
or requires a substantial amount of time, effort, or money to	6002
repair or replace;	6003

(b) Temporarily prevents the use or enjoyment of the property	6004
or substantially interferes with its use or enjoyment for an	6005
extended period of time.	6006

(7) "Risk" means a significant possibility, as contrasted	6007
with a remote possibility, that a certain result may occur or that	6008
certain circumstances may exist.	6009

(8) "Substantial risk" means a strong possibility, as	6010
contrasted with a remote or significant possibility, that a	6011
certain result may occur or that certain circumstances may exist.	6012

(9) "Offense of violence" means any of the following:

6013

(a) A violation of section 2903.01, 2903.02, 2903.03,	6014
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,	6015
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,	6016
2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01,	6017
2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or	6018
2923.161, of division (A)(1), (2), or (3) of section 2911.12, or	6019
of division (B)(1), (2), (3), or (4) of section 2919.22 of the	6020
Revised Code or felonious sexual penetration in violation of	6021
former section 2907.12 of the Revised Code;	6022

(b) A violation of an existing or former municipal ordinance,	6023
township resolution, or law of this or any other state or the	6024
United States, substantially equivalent to any section, division,	6025
or offense listed in division (A)(9)(a) of this section;	6026

(c) An offense, other than a traffic offense, under an	6027
existing or former municipal ordinance, township resolution, or	6028
law of this or any other state or the United States, committed	6029
purposely or knowingly, and involving physical harm to persons or	6030
a risk of serious physical harm to persons;	6031

(d) A conspiracy or attempt to commit, or complicity in	6032
committing, any offense under division (A)(9)(a), (b), or (c) of	6033
this section.	6034

(10)(a) "Property" means any property, real or personal,	6035
tangible or intangible, and any interest or license in that	6036
property. "Property" includes, but is not limited to, cable	6037
television service, other telecommunications service,	6038
telecommunications devices, information service, computers, data,	6039
computer software, financial instruments associated with	6040
computers, other documents associated with computers, or copies of	6041
the documents, whether in machine or human readable form, trade	6042
secrets, trademarks, copyrights, patents, and property protected	6043
by a trademark, copyright, or patent. "Financial instruments	6044
associated with computers" include, but are not limited to,	6045
checks, drafts, warrants, money orders, notes of indebtedness,	6046
certificates of deposit, letters of credit, bills of credit or	6047
debit cards, financial transaction authorization mechanisms,	6048
marketable securities, or any computer system representations of	6049
any of them.	6050

(b) As used in division (A)(10) of this section, "trade	6051
secret" has the same meaning as in section 1333.61 of the Revised	6052
Code, and "telecommunications service" and "information service"	6053
have the same meanings as in section 2913.01 of the Revised Code.	6054

(c) As used in divisions (A)(10) and (13) of this section,	6055
"cable television service," "computer," "computer software,"	6056
"computer system," "computer network," "data," and	6057
"telecommunications device" have the same meanings as in section	6058
2913.01 of the Revised Code.	6059

(11) "Law enforcement officer" means any of the following:

6060

(a) A sheriff, deputy sheriff, constable, police officer of a	6061
township or joint township police district, marshal, deputy	6062
marshal, municipal police officer, member of a police force	6063
employed by a metropolitan housing authority under division (D) of	6064
section 3735.31 of the Revised Code, or state highway patrol	6065
trooper;	6066

(b) An officer, agent, or employee of the state or any of its	6067
agencies, instrumentalities, or political subdivisions, upon whom,	6068
by statute, a duty to conserve the peace or to enforce all or	6069
certain laws is imposed and the authority to arrest violators is	6070
conferred, within the limits of that statutory duty and authority;	6071

(c) A mayor, in the mayor's capacity as chief conservator of	6072
the peace within the mayor's municipal corporation;	6073

(d) A member of an auxiliary police force organized by	6074
county, township, or municipal law enforcement authorities, within	6075
the scope of the member's appointment or commission;	6076

(e) A person lawfully called pursuant to section 311.07 of	6077
the Revised Code to aid a sheriff in keeping the peace, for the	6078
purposes and during the time when the person is called;	6079

(f) A person appointed by a mayor pursuant to section 737.01	6080
of the Revised Code as a special patrolling officer during riot or	6081
emergency, for the purposes and during the time when the person is	6082
appointed;	6083

(g) A member of the organized militia of this state or the	6084
armed forces of the United States, lawfully called to duty to aid	6085
civil authorities in keeping the peace or protect against domestic	6086
violence;	6087

(h) A prosecuting attorney, assistant prosecuting attorney,	6088
secret service officer, or municipal prosecutor;	6089

(i) A veterans' home police officer appointed under section	6090
5907.02 of the Revised Code;	6091

(j) A member of a police force employed by a regional transit	6092
authority under division (Y) of section 306.35 of the Revised	6093
Code;	6094

(k) A special police officer employed by a port authority	6095
under section 4582.04 or 4582.28 of the Revised Code;	6096

(l) The house of representatives sergeant at arms if the	6097
house of representatives sergeant at arms has arrest authority	6098
pursuant to division (E)(1) of section 101.311 of the Revised Code	6099
and an assistant house of representatives sergeant at arms;	6100

(m) A special police officer employed by a municipal	6101
corporation at a municipal airport, or other municipal air	6102
navigation facility, that has scheduled operations, as defined in	6103
section 119.3 of Title 14 of the Code of Federal Regulations, 14	6104
C.F.R. 119.3, as amended, and that is required to be under a	6105
security program and is governed by aviation security rules of the	6106
transportation security administration of the United States	6107
department of transportation as provided in Parts 1542. and 1544.	6108
of Title 49 of the Code of Federal Regulations, as amended.	6109

(12) "Privilege" means an immunity, license, or right	6110
conferred by law, bestowed by express or implied grant, arising	6111
out of status, position, office, or relationship, or growing out	6112
of necessity.	6113

(13) "Contraband" means any property that is illegal for a	6114
person to acquire or possess under a statute, ordinance,	6115
resolution, or rule, or that a trier of fact lawfully determines	6116
to be illegal to possess by reason of the property's involvement	6117
in an offense. "Contraband" includes, but is not limited to, all	6118
of the following:	6119

(a) Any controlled substance, as defined in section 3719.01	6120
of the Revised Code, or any device or paraphernalia;	6121

(b) Any unlawful gambling device or paraphernalia;

6122

6123

(14) A person is "not guilty by reason of insanity" relative	6124
to a charge of an offense only if the person proves, in the manner	6125
specified in section 2901.05 of the Revised Code, that at the time	6126
of the commission of the offense, the person did not know, as a	6127
result of a severe mental disease or defect, the wrongfulness of	6128
the person's acts.	6129

(B)(1)(a) Subject to division (B)(2) of this section, as used	6130
in any section contained in Title XXIX of the Revised Code that	6131
sets forth a criminal offense, "person" includes all of the	6132
following:	6133

(i) An individual, corporation, business trust, estate,	6134
trust, partnership, and association;	6135

(ii) An unborn human who is viable.

6136

(b) As used in any section contained in Title XXIX of the	6137
Revised Code that does not set forth a criminal offense, "person"	6138
includes an individual, corporation, business trust, estate,	6139
trust, partnership, and association.	6140

6141

(i) "Unborn human" means an individual organism of the	6142
species Homo sapiens from fertilization until live birth.	6143

(ii) "Viable" means the stage of development of a human fetus	6144
at which there is a realistic possibility of maintaining and	6145
nourishing of a life outside the womb with or without temporary	6146
artificial life-sustaining support.	6147

(2) Notwithstanding division (B)(1)(a) of this section, in no	6148
case shall the portion of the definition of the term "person" that	6149
is set forth in division (B)(1)(a)(ii) of this section be applied	6150
or construed in any section contained in Title XXIX of the Revised	6151
Code that sets forth a criminal offense in any of the following	6152
manners:	6153

(a) Except as otherwise provided in division (B)(2)(a) of	6154
this section, in a manner so that the offense prohibits or is	6155
construed as prohibiting any pregnant woman or her physician from	6156
performing an abortion with the consent of the pregnant woman,	6157
with the consent of the pregnant woman implied by law in a medical	6158
emergency, or with the approval of one otherwise authorized by law	6159
to consent to medical treatment on behalf of the pregnant woman.	6160
An abortion that violates the conditions described in the	6161
immediately preceding sentence may be punished as a violation of	6162
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	6163
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	6164
of the Revised Code, as applicable. An abortion that does not	6165
violate the conditions described in the second immediately	6166
preceding sentence, but that does violate section 2919.12,	6167
division (B) of section 2919.13, or section 2919.151, 2919.17, or	6168
2919.18 of the Revised Code, may be punished as a violation of	6169
section 2919.12, division (B) of section 2919.13, or section	6170
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	6171
Consent is sufficient under this division if it is of the type	6172
otherwise adequate to permit medical treatment to the pregnant	6173
woman, even if it does not comply with section 2919.12 of the	6174
Revised Code.	6175

(b) In a manner so that the offense is applied or is	6176
construed as applying to a woman based on an act or omission of	6177
the woman that occurs while she is or was pregnant and that	6178
results in any of the following:	6179

(i) Her delivery of a stillborn baby;

6180

(ii) Her causing, in any other manner, the death in utero of	6181
a viable, unborn human that she is carrying;	6182

(iii) Her causing the death of her child who is born alive	6183
but who dies from one or more injuries that are sustained while	6184
the child is a viable, unborn human;	6185

(iv) Her causing her child who is born alive to sustain one	6186
or more injuries while the child is a viable, unborn human;	6187

(v) Her causing, threatening to cause, or attempting to	6188
cause, in any other manner, an injury, illness, or other	6189
physiological impairment, regardless of its duration or gravity,	6190
or a mental illness or condition, regardless of its duration or	6191
gravity, to a viable, unborn human that she is carrying.	6192

6193

(1) "School safety zone" consists of a school, school	6194
building, school premises, school activity, and school bus.	6195

(2) "School," "school building," and "school premises" have	6196
the same meanings as in section 2925.01 of the Revised Code.	6197

(3) "School activity" means any activity held under the	6198
auspices of a board of education of a city, local, exempted	6199
village, joint vocational, or cooperative education school	6200
district; a governing authority of a community school established	6201
under Chapter 3314. of the Revised Code; a governing board of an	6202
educational service center, or the governing body of a school for	6203
which the state board of education prescribes minimum standards	6204
under section 3301.07 of the Revised Code.	6205

(4) "School bus" has the same meaning as in section 4511.01	6206
of the Revised Code.	6207

Sec. 2903.04. (A) No person shall cause the death of another	6208
or the unlawful termination of another's pregnancy as a proximate	6209
result of the offender's committing or attempting to commit a	6210
felony.	6211

(B) No person shall cause the death of another or the	6212
unlawful termination of another's pregnancy as a proximate result	6213
of the offender's committing or attempting to commit a misdemeanor	6214
of any degree, a regulatory offense, or a minor misdemeanor other	6215
than a violation of any section contained in Title XLV of the	6216
Revised Code that is a minor misdemeanor and other than a	6217
violation of an ordinance of a municipal corporation or a	6218
resolution of a township that, regardless of the penalty set by	6219
ordinance or resolution for the violation, is substantially	6220
equivalent to any section contained in Title XLV of the Revised	6221
Code that is a minor misdemeanor.	6222

(C) Whoever violates this section is guilty of involuntary	6223
manslaughter. Violation of division (A) of this section is a	6224
felony of the first degree. Violation of division (B) of this	6225
section is a felony of the third degree.	6226

(D) If an offender is convicted of or pleads guilty to a	6227
violation of division (A) or (B) of this section and if the	6228
felony, misdemeanor, or regulatory offense that the offender	6229
committed or attempted to commit, that proximately resulted in the	6230
death of the other person or the unlawful termination of another's	6231
pregnancy, and that is the basis of the offender's violation of	6232
division (A) or (B) of this section was a violation of division	6233
(A) or (B) of section 4511.19 of the Revised Code or of a	6234
substantially equivalent municipal ordinance or township	6235
resolution or included, as an element of that felony, misdemeanor,	6236
or regulatory offense, the offender's operation or participation	6237
in the operation of a snowmobile, locomotive, watercraft, or	6238
aircraft while the offender was under the influence of alcohol, a	6239
drug of abuse, or alcohol and a drug of abuse, both of the	6240
following apply:	6241

(1) The court shall impose a class one suspension of the	6242
offender's driver's or commercial driver's license or permit or	6243
nonresident operating privilege as specified in division (A)(1) of	6244
section 4510.02 of the Revised Code.	6245

(2) The court shall impose a mandatory prison term for the	6246
violation of division (A) or (B) of this section from the range of	6247
prison terms authorized for the level of the offense under section	6248
2929.14 of the Revised Code.	6249

Sec. 2903.06. (A) No person, while operating or	6250
participating in the operation of a motor vehicle, motorcycle,	6251
snowmobile, locomotive, watercraft, or aircraft, shall cause the	6252
death of another or the unlawful termination of another's	6253
pregnancy in any of the following ways:	6254

(1)(a) As the proximate result of committing a violation of	6255
division (A) of section 4511.19 of the Revised Code or of a	6256
substantially equivalent municipal ordinance or township	6257
resolution;	6258

(b) As the proximate result of committing a violation of	6259
division (A) of section 1547.11 of the Revised Code or of a	6260
substantially equivalent municipal ordinance;	6261

(c) As the proximate result of committing a violation of	6262
division (A)(3) of section 4561.15 of the Revised Code or of a	6263
substantially equivalent municipal ordinance or township	6264
resolution.	6265

(2) In one of the following ways:

6266

(a) Recklessly;

6267

(b) As the proximate result of committing, while operating or	6268
participating in the operation of a motor vehicle or motorcycle in	6269
a construction zone, a reckless operation offense, provided that	6270
this division applies only if the person whose death is caused or	6271
whose pregnancy is unlawfully terminated is in the construction	6272
zone at the time of the offender's commission of the reckless	6273
operation offense in the construction zone and does not apply as	6274
described in division (F) of this section.	6275

(3) In one of the following ways:

6276

(a) Negligently;

6277

(b) As the proximate result of committing, while operating or	6278
participating in the operation of a motor vehicle or motorcycle in	6279
a construction zone, a speeding offense, provided that this	6280
division applies only if the person whose death is caused or whose	6281
pregnancy is unlawfully terminated is in the construction zone at	6282
the time of the offender's commission of the speeding offense in	6283
the construction zone and does not apply as described in division	6284
(F) of this section.	6285

(4) As the proximate result of committing a violation of any	6286
provision of any section contained in Title XLV of the Revised	6287
Code that is a minor misdemeanor or of a municipal ordinance or	6288
township resolution that, regardless of the penalty set by	6289
ordinance for the violation, is substantially equivalent to any	6290
provision of any section contained in Title XLV of the Revised	6291
Code that is a minor misdemeanor.	6292

(B)(1) Whoever violates division (A)(1) or (2) of this	6293
section is guilty of aggravated vehicular homicide and shall be	6294
punished as provided in divisions (B)(2) and (3) of this section.	6295

(2)(a) Except as otherwise provided in division (B)(2)(b) or	6296
(c) of this section, aggravated vehicular homicide committed in	6297
violation of division (A)(1) of this section is a felony of the	6298
second degree and the court shall impose a mandatory prison term	6299
on the offender as described in division (E) of this section.	6300

(b) Except as otherwise provided in division (B)(2)(c) of	6301
this section, aggravated vehicular homicide committed in violation	6302
of division (A)(1) of this section is a felony of the first	6303
degree, and the court shall impose a mandatory prison term on the	6304
offender as described in division (E) of this section, if any of	6305
the following apply:	6306

(i) At the time of the offense, the offender was driving	6307
under a suspension imposed under Chapter 4510. or any other	6308
provision of the Revised Code.	6309

(ii) The offender previously has been convicted of or pleaded	6310
guilty to a violation of this section.	6311

(iii) The offender previously has been convicted of or	6312
pleaded guilty to any traffic-related homicide, manslaughter, or	6313
assault offense.	6314

(c) Aggravated vehicular homicide committed in violation of	6315
division (A)(1) of this section is a felony of the first degree,	6316
and the court shall sentence the offender to a mandatory prison	6317
term as provided in section 2929.142 of the Revised Code and	6318
described in division (E) of this section if any of the following	6319
apply:	6320

(i) The offender previously has been convicted of or pleaded	6321
guilty to three or more prior violations of section 4511.19 of the	6322
Revised Code or of a substantially equivalent municipal ordinance	6323
or township resolution within the previous six years.	6324

(ii) The offender previously has been convicted of or pleaded	6325
guilty to three or more prior violations of division (A) of	6326
section 1547.11 of the Revised Code or of a substantially	6327
equivalent municipal ordinance within the previous six years.	6328

(iii) The offender previously has been convicted of or	6329
pleaded guilty to three or more prior violations of division	6330
(A)(3) of section 4561.15 of the Revised Code or of a	6331
substantially equivalent municipal ordinance or township	6332
resolution within the previous six years.	6333

(iv) The offender previously has been convicted of or pleaded	6334
guilty to three or more prior violations of division (A)(1) of	6335
this section within the previous six years.	6336

(v) The offender previously has been convicted of or pleaded	6337
guilty to three or more prior violations of division (A)(1) of	6338
section 2903.08 of the Revised Code within the previous six years.	6339

(vi) The offender previously has been convicted of or pleaded	6340
guilty to three or more prior violations of section 2903.04 of the	6341
Revised Code within the previous six years in circumstances in	6342
which division (D) of that section applied regarding the	6343
violations.	6344

(vii) The offender previously has been convicted of or	6345
pleaded guilty to three or more violations of any combination of	6346
the offenses listed in division (B)(2)(c)(i), (ii), (iii), (iv),	6347
(v), or (vi) of this section within the previous six years.	6348

(viii) The offender previously has been convicted of or	6349
pleaded guilty to a second or subsequent felony violation of	6350
division (A) of section 4511.19 of the Revised Code.	6351

(d) In addition to any other sanctions imposed pursuant to	6352
division (B)(2)(a), (b), or (c) of this section for aggravated	6353
vehicular homicide committed in violation of division (A)(1) of	6354
this section, the court shall impose upon the offender a class one	6355
suspension of the offender's driver's license, commercial driver's	6356
license, temporary instruction permit, probationary license, or	6357
nonresident operating privilege as specified in division (A)(1) of	6358
section 4510.02 of the Revised Code.	6359

(3) Except as otherwise provided in this division, aggravated	6360
vehicular homicide committed in violation of division (A)(2) of	6361
this section is a felony of the third degree. Aggravated vehicular	6362
homicide committed in violation of division (A)(2) of this section	6363
is a felony of the second degree if, at the time of the offense,	6364
the offender was driving under a suspension imposed under Chapter	6365
4510. or any other provision of the Revised Code or if the	6366
offender previously has been convicted of or pleaded guilty to a	6367
violation of this section or any traffic-related homicide,	6368
manslaughter, or assault offense. The court shall impose a	6369
mandatory prison term on the offender when required by division	6370
(E) of this section.	6371

In addition to any other sanctions imposed pursuant to this	6372
division for a violation of division (A)(2) of this section, the	6373
court shall impose upon the offender a class two suspension of the	6374
offender's driver's license, commercial driver's license,	6375
temporary instruction permit, probationary license, or nonresident	6376
operating privilege from the range specified in division (A)(2) of	6377
section 4510.02 of the Revised Code or, if the offender previously	6378
has been convicted of or pleaded guilty to a traffic-related	6379
murder, felonious assault, or attempted murder offense, a class	6380
one suspension of the offender's driver's license, commercial	6381
driver's license, temporary instruction permit, probationary	6382
license, or nonresident operating privilege as specified in	6383
division (A)(1) of that section.	6384

(C) Whoever violates division (A)(3) of this section is	6385
guilty of vehicular homicide. Except as otherwise provided in this	6386
division, vehicular homicide is a misdemeanor of the first degree.	6387
Vehicular homicide committed in violation of division (A)(3) of	6388
this section is a felony of the fourth degree if, at the time of	6389
the offense, the offender was driving under a suspension or	6390
revocation imposed under Chapter 4507. or any other provision of	6391
the Revised Code or if the offender previously has been convicted	6392
of or pleaded guilty to a violation of this section or any	6393
traffic-related homicide, manslaughter, or assault offense. The	6394
court shall impose a mandatory jail term or a mandatory prison	6395
term on the offender when required by division (E) of this	6396
section.	6397

In addition to any other sanctions imposed pursuant to this	6398
division, the court shall impose upon the offender a class four	6399
suspension of the offender's driver's license, commercial driver's	6400
license, temporary instruction permit, probationary license, or	6401
nonresident operating privilege from the range specified in	6402
division (A)(4) of section 4510.02 of the Revised Code, or, if the	6403
offender previously has been convicted of or pleaded guilty to a	6404
violation of this section or any traffic-related homicide,	6405
manslaughter, or assault offense, a class three suspension of the	6406
offender's driver's license, commercial driver's license,	6407
temporary instruction permit, probationary license, or nonresident	6408
operating privilege from the range specified in division (A)(3) of	6409
that section, or, if the offender previously has been convicted of	6410
or pleaded guilty to a traffic-related murder, felonious assault,	6411
or attempted murder offense, a class two suspension of the	6412
offender's driver's license, commercial driver's license,	6413
temporary instruction permit, probationary license, or nonresident	6414
operating privilege as specified in division (A)(2) of that	6415
section.	6416

(D) Whoever violates division (A)(4) of this section is	6417
guilty of vehicular manslaughter. Except as otherwise provided in	6418
this division, vehicular manslaughter is a misdemeanor of the	6419
second degree. Vehicular manslaughter is a misdemeanor of the	6420
first degree if, at the time of the offense, the offender was	6421
driving under a suspension imposed under Chapter 4510. or any	6422
other provision of the Revised Code or if the offender previously	6423
has been convicted of or pleaded guilty to a violation of this	6424
section or any traffic-related homicide, manslaughter, or assault	6425
offense.	6426

In addition to any other sanctions imposed pursuant to this	6427
division, the court shall impose upon the offender a class six	6428
suspension of the offender's driver's license, commercial driver's	6429
license, temporary instruction permit, probationary license, or	6430
nonresident operating privilege from the range specified in	6431
division (A)(6) of section 4510.02 of the Revised Code or, if the	6432
offender previously has been convicted of or pleaded guilty to a	6433
violation of this section, any traffic-related homicide,	6434
manslaughter, or assault offense, or a traffic-related murder,	6435
felonious assault, or attempted murder offense, a class four	6436
suspension of the offender's driver's license, commercial driver's	6437
license, temporary instruction permit, probationary license, or	6438
nonresident operating privilege from the range specified in	6439
division (A)(4) of that section.	6440

(E) The court shall impose a mandatory prison term on an	6441
offender who is convicted of or pleads guilty to a violation of	6442
division (A)(1) of this section. If division (B)(2)(c)(i), (ii),	6443
(iii), (iv), (v), (vi), (vii), or (viii) of this section applies	6444
to an offender who is convicted of or pleads guilty to the	6445
violation of division (A)(1) of this section, the court shall	6446
impose the mandatory prison term pursuant to section 2929.142 of	6447
the Revised Code. The court shall impose a mandatory jail term of	6448
at least fifteen days on an offender who is convicted of or pleads	6449
guilty to a misdemeanor violation of division (A)(3)(b) of this	6450
section and may impose upon the offender a longer jail term as	6451
authorized pursuant to section 2929.24 of the Revised Code. The	6452
court shall impose a mandatory prison term on an offender who is	6453
convicted of or pleads guilty to a violation of division (A)(2) or	6454
(3)(a) of this section or a felony violation of division (A)(3)(b)	6455
of this section if either of the following applies:	6456

(1) The offender previously has been convicted of or pleaded	6457
guilty to a violation of this section or section 2903.08 of the	6458
Revised Code.	6459

(2) At the time of the offense, the offender was driving	6460
under suspension under Chapter 4510. or any other provision of the	6461
Revised Code.	6462

(F) Divisions (A)(2)(b) and (3)(b) of this section do not	6463
apply in a particular construction zone unless signs of the type	6464
described in section 2903.081 of the Revised Code are erected in	6465
that construction zone in accordance with the guidelines and	6466
design specifications established by the director of	6467
transportation under section 5501.27 of the Revised Code. The	6468
failure to erect signs of the type described in section 2903.081	6469
of the Revised Code in a particular construction zone in	6470
accordance with those guidelines and design specifications does	6471
not limit or affect the application of division (A)(1), (A)(2)(a),	6472
(A)(3)(a), or (A)(4) of this section in that construction zone or	6473
the prosecution of any person who violates any of those divisions	6474
in that construction zone.	6475

(G)(1) As used in this section:

6476

(a) "Mandatory prison term" and "mandatory jail term" have	6477
the same meanings as in section 2929.01 of the Revised Code.	6478

(b) "Traffic-related homicide, manslaughter, or assault	6479
offense" means a violation of section 2903.04 of the Revised Code	6480
in circumstances in which division (D) of that section applies, a	6481
violation of section 2903.06 or 2903.08 of the Revised Code, or a	6482
violation of section 2903.06, 2903.07, or 2903.08 of the Revised	6483
Code as they existed prior to March 23, 2000.	6484

(c) "Construction zone" has the same meaning as in section	6485
5501.27 of the Revised Code.	6486

(d) "Reckless operation offense" means a violation of section	6487
4511.20 of the Revised Code or a municipal ordinance or township	6488
resolution substantially equivalent to section 4511.20 of the	6489
Revised Code.	6490

(e) "Speeding offense" means a violation of section 4511.21	6491
of the Revised Code or a municipal ordinance pertaining to speed.	6492

(f) "Traffic-related murder, felonious assault, or attempted	6493
murder offense" means a violation of section 2903.01 or 2903.02 of	6494
the Revised Code in circumstances in which the offender used a	6495
motor vehicle as the means to commit the violation, a violation of	6496
division (A)(2) of section 2903.11 of the Revised Code in	6497
circumstances in which the deadly weapon used in the commission of	6498
the violation is a motor vehicle, or an attempt to commit	6499
aggravated murder or murder in violation of section 2923.02 of the	6500
Revised Code in circumstances in which the offender used a motor	6501
vehicle as the means to attempt to commit the aggravated murder or	6502
murder.	6503

(g) "Motor vehicle" has the same meaning as in section	6504
4501.01 of the Revised Code.	6505

(2) For the purposes of this section, when a penalty or	6506
suspension is enhanced because of a prior or current violation of	6507
a specified law or a prior or current specified offense, the	6508
reference to the violation of the specified law or the specified	6509
offense includes any violation of any substantially equivalent	6510
municipal ordinance, township resolution, former law of this	6511
state, or current or former law of another state or the United	6512
States.	6513

Sec. 2903.08. (A) No person, while operating or	6514
participating in the operation of a motor vehicle, motorcycle,	6515
snowmobile, locomotive, watercraft, or aircraft, shall cause	6516
serious physical harm to another person or another's unborn in any	6517
of the following ways:	6518

(1)(a) As the proximate result of committing a violation of	6519
division (A) of section 4511.19 of the Revised Code or of a	6520
substantially equivalent municipal ordinance or township	6521
resolution;	6522

(b) As the proximate result of committing a violation of	6523
division (A) of section 1547.11 of the Revised Code or of a	6524
substantially equivalent municipal ordinance;	6525

(c) As the proximate result of committing a violation of	6526
division (A)(3) of section 4561.15 of the Revised Code or of a	6527
substantially equivalent municipal ordinance or township	6528
resolution.	6529

(2) In one of the following ways:

6530

(a) As the proximate result of committing, while operating or	6531
participating in the operation of a motor vehicle or motorcycle in	6532
a construction zone, a reckless operation offense, provided that	6533
this division applies only if the person to whom the serious	6534
physical harm is caused or to whose unborn the serious physical	6535
harm is caused is in the construction zone at the time of the	6536
offender's commission of the reckless operation offense in the	6537
construction zone and does not apply as described in division (E)	6538
of this section;	6539

(b) Recklessly.

6540

(3) As the proximate result of committing, while operating or	6541
participating in the operation of a motor vehicle or motorcycle in	6542
a construction zone, a speeding offense, provided that this	6543
division applies only if the person to whom the serious physical	6544
harm is caused or to whose unborn the serious physical harm is	6545
caused is in the construction zone at the time of the offender's	6546
commission of the speeding offense in the construction zone and	6547
does not apply as described in division (E) of this section.	6548

(B)(1) Whoever violates division (A)(1) of this section is	6549
guilty of aggravated vehicular assault. Except as otherwise	6550
provided in this division, aggravated vehicular assault is a	6551
felony of the third degree. Aggravated vehicular assault is a	6552
felony of the second degree if any of the following apply:	6553

(a) At the time of the offense, the offender was driving	6554
under a suspension imposed under Chapter 4510. or any other	6555
provision of the Revised Code.	6556

(b) The offender previously has been convicted of or pleaded	6557
guilty to a violation of this section.	6558

(c) The offender previously has been convicted of or pleaded	6559
guilty to any traffic-related homicide, manslaughter, or assault	6560
offense.	6561

(d) The offender previously has been convicted of or pleaded	6562
guilty to three or more prior violations of section 4511.19 of the	6563
Revised Code or a substantially equivalent municipal ordinance or	6564
township resolution within the previous six years.	6565

(e) The offender previously has been convicted of or pleaded	6566
guilty to three or more prior violations of division (A) of	6567
section 1547.11 of the Revised Code or of a substantially	6568
equivalent municipal ordinance within the previous six years.	6569

(f) The offender previously has been convicted of or pleaded	6570
guilty to three or more prior violations of division (A)(3) of	6571
section 4561.15 of the Revised Code or of a substantially	6572
equivalent municipal ordinance or township resolution within the	6573
previous six years.	6574

(g) The offender previously has been convicted of or pleaded	6575
guilty to three or more prior violations of any combination of the	6576
offenses listed in division (B)(1)(d), (e), or (f) of this	6577
section.	6578

(h) The offender previously has been convicted of or pleaded	6579
guilty to a second or subsequent felony violation of division (A)	6580
of section 4511.19 of the Revised Code.	6581

(2) In addition to any other sanctions imposed pursuant to	6582
division (B)(1) of this section, except as otherwise provided in	6583
this division, the court shall impose upon the offender a class	6584
three suspension of the offender's driver's license, commercial	6585
driver's license, temporary instruction permit, probationary	6586
license, or nonresident operating privilege from the range	6587
specified in division (A)(3) of section 4510.02 of the Revised	6588
Code. If the offender previously has been convicted of or pleaded	6589
guilty to a violation of this section, any traffic-related	6590
homicide, manslaughter, or assault offense, or any traffic-related	6591
murder, felonious assault, or attempted murder offense, the court	6592
shall impose either a class two suspension of the offender's	6593
driver's license, commercial driver's license, temporary	6594
instruction permit, probationary license, or nonresident operating	6595
privilege from the range specified in division (A)(2) of that	6596
section or a class one suspension as specified in division (A)(1)	6597
of that section.	6598

(C)(1) Whoever violates division (A)(2) or (3) of this	6599
section is guilty of vehicular assault and shall be punished as	6600
provided in divisions (C)(2) and (3) of this section.	6601

(2) Except as otherwise provided in this division, vehicular	6602
assault committed in violation of division (A)(2) of this section	6603
is a felony of the fourth degree. Vehicular assault committed in	6604
violation of division (A)(2) of this section is a felony of the	6605
third degree if, at the time of the offense, the offender was	6606
driving under a suspension imposed under Chapter 4510. or any	6607
other provision of the Revised Code, if the offender previously	6608
has been convicted of or pleaded guilty to a violation of this	6609
section or any traffic-related homicide, manslaughter, or assault	6610
offense, or if, in the same course of conduct that resulted in the	6611
violation of division (A)(2) of this section, the offender also	6612
violated section 4549.02, 4549.021, or 4549.03 of the Revised	6613
Code.	6614

In addition to any other sanctions imposed, the court shall	6615
impose upon the offender a class four suspension of the offender's	6616
driver's license, commercial driver's license, temporary	6617
instruction permit, probationary license, or nonresident operating	6618
privilege from the range specified in division (A)(4) of section	6619
4510.02 of the Revised Code or, if the offender previously has	6620
been convicted of or pleaded guilty to a violation of this	6621
section, any traffic-related homicide, manslaughter, or assault	6622
offense, or any traffic-related murder, felonious assault, or	6623
attempted murder offense, a class three suspension of the	6624
offender's driver's license, commercial driver's license,	6625
temporary instruction permit, probationary license, or nonresident	6626
operating privilege from the range specified in division (A)(3) of	6627
that section.	6628

(3) Except as otherwise provided in this division, vehicular	6629
assault committed in violation of division (A)(3) of this section	6630
is a misdemeanor of the first degree. Vehicular assault committed	6631
in violation of division (A)(3) of this section is a felony of the	6632
fourth degree if, at the time of the offense, the offender was	6633
driving under a suspension imposed under Chapter 4510. or any	6634
other provision of the Revised Code or if the offender previously	6635
has been convicted of or pleaded guilty to a violation of this	6636
section or any traffic-related homicide, manslaughter, or assault	6637
offense.	6638

In addition to any other sanctions imposed, the court shall	6639
impose upon the offender a class four suspension of the offender's	6640
driver's license, commercial driver's license, temporary	6641
instruction permit, probationary license, or nonresident operating	6642
privilege from the range specified in division (A)(4) of section	6643
4510.02 of the Revised Code or, if the offender previously has	6644
been convicted of or pleaded guilty to a violation of this	6645
section, any traffic-related homicide, manslaughter, or assault	6646
offense, or any traffic-related murder, felonious assault, or	6647
attempted murder offense, a class three suspension of the	6648
offender's driver's license, commercial driver's license,	6649
temporary instruction permit, probationary license, or nonresident	6650
operating privilege from the range specified in division (A)(3) of	6651
section 4510.02 of the Revised Code.	6652

(D)(1) The court shall impose a mandatory prison term on an	6653
offender who is convicted of or pleads guilty to a violation of	6654
division (A)(1) of this section.	6655

(2) The court shall impose a mandatory prison term on an	6656
offender who is convicted of or pleads guilty to a violation of	6657
division (A)(2) of this section or a felony violation of division	6658
(A)(3) of this section if either of the following applies:	6659

(a) The offender previously has been convicted of or pleaded	6660
guilty to a violation of this section or section 2903.06 of the	6661
Revised Code.	6662

(b) At the time of the offense, the offender was driving	6663
under suspension under Chapter 4510. or any other provision of the	6664
Revised Code.	6665

(3) The court shall impose a mandatory jail term of at least	6666
seven days on an offender who is convicted of or pleads guilty to	6667
a misdemeanor violation of division (A)(3) of this section and may	6668
impose upon the offender a longer jail term as authorized pursuant	6669
to section 2929.24 of the Revised Code.	6670

(E) Divisions (A)(2)(a) and (3) of this section do not apply	6671
in a particular construction zone unless signs of the type	6672
described in section 2903.081 of the Revised Code are erected in	6673
that construction zone in accordance with the guidelines and	6674
design specifications established by the director of	6675
transportation under section 5501.27 of the Revised Code. The	6676
failure to erect signs of the type described in section 2903.081	6677
of the Revised Code in a particular construction zone in	6678
accordance with those guidelines and design specifications does	6679
not limit or affect the application of division (A)(1) or (2)(b)	6680
of this section in that construction zone or the prosecution of	6681
any person who violates either of those divisions in that	6682
construction zone.	6683

(F) As used in this section:

6684

(1) "Mandatory prison term" and "mandatory jail term" have	6685
the same meanings as in section 2929.01 of the Revised Code.	6686

(2) "Traffic-related homicide, manslaughter, or assault	6687
offense" and "traffic-related murder, felonious assault, or	6688
attempted murder offense" have the same meanings as in section	6689
2903.06 of the Revised Code.	6690

(3) "Construction zone" has the same meaning as in section	6691
5501.27 of the Revised Code.	6692

(4) "Reckless operation offense" and "speeding offense" have	6693
the same meanings as in section 2903.06 of the Revised Code.	6694

(G) For the purposes of this section, when a penalty or	6695
suspension is enhanced because of a prior or current violation of	6696
a specified law or a prior or current specified offense, the	6697
reference to the violation of the specified law or the specified	6698
offense includes any violation of any substantially equivalent	6699
municipal ordinance, township resolution, former law of this	6700
state, or current or former law of another state or the United	6701
States.	6702

Sec. 2903.212. (A) Except when the complaint involves a	6703
person who is a family or household member as defined in section	6704
2919.25 of the Revised Code, if a person is charged with a	6705
violation of section 2903.21, 2903.211, 2903.22, or 2911.211 of	6706
the Revised Code, a violation of a municipal ordinance or township	6707
resolution that is substantially similar to one of those sections,	6708
or a sexually oriented offense and if the person, at the time of	6709
the alleged violation, was subject to the terms of any order	6710
issued pursuant to section 2903.213~~, 2933.08,~~ or 2945.04 of the	6711
Revised Code or previously had been convicted of or pleaded	6712
guilty to a violation of section 2903.21, 2903.211, 2903.22, or	6713
2911.211 of the Revised Code that involves the same complainant,	6714
a violation of a municipal ordinance or township resolution that	6715
is substantially similar to one of those sections and that	6716
involves the same complainant, or a sexually oriented offense	6717
that involves the same complainant, the court shall consider all	6718
of the following, in addition to any other circumstances	6719
considered by the court and notwithstanding any provisions to the	6720
contrary contained in Criminal Rule 46, before setting the amount	6721
and conditions of the bail for the person:	6722

(1) Whether the person has a history of violence toward the	6723
complainant or a history of other violent acts;	6724

(2) The mental health of the person;

6725

(3) Whether the person has a history of violating the orders	6726
of any court or governmental entity;	6727

(4) Whether the person is potentially a threat to any other	6728
person;	6729

(5) Whether setting bail at a high level will interfere with	6730
any treatment or counseling that the person is undergoing.	6731

(B) Any court that has jurisdiction over violations of	6732
section 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised	6733
Code, violations of a municipal ordinance or township resolution	6734
that is substantially similar to one of those sections, or	6735
sexually oriented offenses may set a schedule for bail to be used	6736
in cases involving those violations. The schedule shall require	6737
that a judge consider all of the factors listed in division (A)	6738
of this section and may require judges to set bail at a certain	6739
level or impose other reasonable conditions related to a release	6740
on bail or on recognizance if the history of the alleged offender	6741
or the circumstances of the alleged offense meet certain criteria	6742
in the schedule.	6743

(C) As used in this section, "sexually oriented offense" has	6744
the same meaning as in section 2950.01 of the Revised Code.	6745

Sec. 2903.213. (A) Except when the complaint involves a	6746
person who is a family or household member as defined in section	6747
2919.25 of the Revised Code, upon the filing of a complaint that	6748
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	6749
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	6750
a municipal ordinance or township resolution substantially similar	6751
to section 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the	6752
Revised Code, or the commission of a sexually oriented offense,	6753
the complainant, the alleged victim, or a family or household	6754
member of an alleged victim may file a motion that requests the	6755
issuance of a protection order as a pretrial condition of release	6756
of the alleged offender, in addition to any bail set under	6757
Criminal Rule 46. The motion shall be filed with the clerk of the	6758
court that has jurisdiction of the case at any time after the	6759
filing of the complaint. If the complaint involves a person who is	6760
a family or household member, the complainant, the alleged victim,	6761
or the family or household member may file a motion for a	6762
temporary protection order pursuant to section 2919.26 of the	6763
Revised Code.	6764

(B) A motion for a protection order under this section shall	6765
be prepared on a form that is provided by the clerk of the court,	6766
and the form shall be substantially as follows:	6767

"Motion for Protection Order	6768

............................	6769

Name and address of court	6770

State of Ohio	6771

No. ..........

6772

.............................	6773

Name of Defendant	6774

(Name of person), moves the court to issue a protection order	6775
containing terms designed to ensure the safety and protection of	6776
the complainant or the alleged victim in the above-captioned case,	6777
in relation to the named defendant, pursuant to its authority to	6778
issue a protection order under section 2903.213 of the Revised	6779
Code.	6780

A complaint, a copy of which has been attached to this	6781
motion, has been filed in this court charging the named defendant	6782
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	6783
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	6784
a municipal ordinance or township resolution substantially similar	6785
to section 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the	6786
Revised Code, or the commission of a sexually oriented offense.	6787

I understand that I must appear before the court, at a time	6788
set by the court not later than the next day that the court is in	6789
session after the filing of this motion, for a hearing on the	6790
motion, and that any protection order granted pursuant to this	6791
motion is a pretrial condition of release and is effective only	6792
until the disposition of the criminal proceeding arising out of	6793
the attached complaint or until the issuance under section	6794
2903.214 of the Revised Code of a protection order arising out of	6795
the same activities as those that were the basis of the attached	6796
complaint.	6797

.....................................	6798

Signature of person	6799

.....................................	6800

Address of person"	6801

(C)(1) As soon as possible after the filing of a motion that	6802
requests the issuance of a protection order under this section,	6803
but not later than the next day that the court is in session after	6804
the filing of the motion, the court shall conduct a hearing to	6805
determine whether to issue the order. The person who requested the	6806
order shall appear before the court and provide the court with the	6807
information that it requests concerning the basis of the motion.	6808
If the court finds that the safety and protection of the	6809
complainant or the alleged victim may be impaired by the continued	6810
presence of the alleged offender, the court may issue a protection	6811
order under this section, as a pretrial condition of release, that	6812
contains terms designed to ensure the safety and protection of the	6813
complainant or the alleged victim, including a requirement that	6814
the alleged offender refrain from entering the residence, school,	6815
business, or place of employment of the complainant or the alleged	6816
victim.	6817

(2)(a) If the court issues a protection order under this	6818
section that includes a requirement that the alleged offender	6819
refrain from entering the residence, school, business, or place of	6820
employment of the complainant or the alleged victim, the order	6821
shall clearly state that the order cannot be waived or nullified	6822
by an invitation to the alleged offender from the complainant, the	6823
alleged victim, or a family or household member to enter the	6824
residence, school, business, or place of employment or by the	6825
alleged offender's entry into one of those places otherwise upon	6826
the consent of the complainant, the alleged victim, or a family or	6827
household member.	6828

(b) Division (C)(2)(a) of this section does not limit any	6829
discretion of a court to determine that an alleged offender	6830
charged with a violation of section 2919.27 of the Revised Code,	6831
with a violation of a municipal ordinance or township resolution	6832
substantially equivalent to that section, or with contempt of	6833
court, which charge is based on an alleged violation of a	6834
protection order issued under this section, did not commit the	6835
violation or was not in contempt of court.	6836

(D)(1) Except when the complaint involves a person who is a	6837
family or household member as defined in section 2919.25 of the	6838
Revised Code, upon the filing of a complaint that alleges a	6839
violation specified in division (A) of this section, the court,	6840
upon its own motion, may issue a protection order under this	6841
section as a pretrial condition of release of the alleged offender	6842
if it finds that the safety and protection of the complainant or	6843
the alleged victim may be impaired by the continued presence of	6844
the alleged offender.	6845

(2) If the court issues a protection order under this section	6846
as an ex parte order, it shall conduct, as soon as possible after	6847
the issuance of the order but not later than the next day that the	6848
court is in session after its issuance, a hearing to determine	6849
whether the order should remain in effect, be modified, or be	6850
revoked. The hearing shall be conducted under the standards set	6851
forth in division (C) of this section.	6852

(3) If a municipal court or a county court issues a	6853
protection order under this section and if, subsequent to the	6854
issuance of the order, the alleged offender who is the subject of	6855
the order is bound over to the court of common pleas for	6856
prosecution of a felony arising out of the same activities as	6857
those that were the basis of the complaint upon which the order is	6858
based, notwithstanding the fact that the order was issued by a	6859
municipal court or county court, the order shall remain in effect,	6860
as though it were an order of the court of common pleas, while the	6861
charges against the alleged offender are pending in the court of	6862
common pleas, for the period of time described in division (E)(2)	6863
of this section, and the court of common pleas has exclusive	6864
jurisdiction to modify the order issued by the municipal court or	6865
county court. This division applies when the alleged offender is	6866
bound over to the court of common pleas as a result of the person	6867
waiving a preliminary hearing on the felony charge, as a result of	6868
the municipal court or county court having determined at a	6869
preliminary hearing that there is probable cause to believe that	6870
the felony has been committed and that the alleged offender	6871
committed it, as a result of the alleged offender having been	6872
indicted for the felony, or in any other manner.	6873

(E) A protection order that is issued as a pretrial condition	6874
of release under this section:	6875

(1) Is in addition to, but shall not be construed as a part	6876
of, any bail set under Criminal Rule 46;	6877

(2) Is effective only until the disposition, by the court	6878
that issued the order or, in the circumstances described in	6879
division (D)(3) of this section, by the court of common pleas to	6880
which the alleged offender is bound over for prosecution, of the	6881
criminal proceeding arising out of the complaint upon which the	6882
order is based or until the issuance under section 2903.214 of the	6883
Revised Code of a protection order arising out of the same	6884
activities as those that were the basis of the complaint filed	6885
under this section;	6886

(3) Shall not be construed as a finding that the alleged	6887
offender committed the alleged offense and shall not be introduced	6888
as evidence of the commission of the offense at the trial of the	6889
alleged offender on the complaint upon which the order is based.	6890

(F) A person who meets the criteria for bail under Criminal	6891
Rule 46 and who, if required to do so pursuant to that rule,	6892
executes or posts bond or deposits cash or securities as bail,	6893
shall not be held in custody pending a hearing before the court on	6894
a motion requesting a protection order under this section.	6895

(G)(1) A copy of a protection order that is issued under this	6896
section shall be issued by the court to the complainant, to the	6897
alleged victim, to the person who requested the order, to the	6898
defendant, and to all law enforcement agencies that have	6899
jurisdiction to enforce the order. The court shall direct that a	6900
copy of the order be delivered to the defendant on the same day	6901
that the order is entered. If a municipal court or a county court	6902
issues a protection order under this section and if, subsequent to	6903
the issuance of the order, the defendant who is the subject of the	6904
order is bound over to the court of common pleas for prosecution	6905
as described in division (D)(3) of this section, the municipal	6906
court or county court shall direct that a copy of the order be	6907
delivered to the court of common pleas to which the defendant is	6908
bound over.	6909

(2) All law enforcement agencies shall establish and maintain	6910
an index for the protection orders delivered to the agencies	6911
pursuant to division (G)(1) of this section. With respect to each	6912
order delivered, each agency shall note on the index the date and	6913
time of the agency's receipt of the order.	6914

(3) Regardless of whether the petitioner has registered the	6915
protection order in the county in which the officer's agency has	6916
jurisdiction, any officer of a law enforcement agency shall	6917
enforce a protection order issued pursuant to this section in	6918
accordance with the provisions of the order.	6919

(H) Upon a violation of a protection order issued pursuant to	6920
this section, the court may issue another protection order under	6921
this section, as a pretrial condition of release, that modifies	6922
the terms of the order that was violated.	6923

(I) Notwithstanding any provision of law to the contrary and	6924
regardless of whether a protection order is issued or a consent	6925
agreement is approved by a court of another county or by a court	6926
of another state, no court or unit of state or local government	6927
shall charge any fee, cost, deposit, or money in connection with	6928
the filing of a motion pursuant to this section, in connection	6929
with the filing, issuance, registration, or service of a	6930
protection order or consent agreement, or for obtaining certified	6931
copies of a protection order or consent agreement.	6932

(J) As used in this section, "sexually oriented offense" has	6933
the same meaning as in section 2950.01 of the Revised Code.	6934

Sec. 2903.214. (A) As used in this section:

6935

(1) "Court" means the court of common pleas of the county in	6936
which the person to be protected by the protection order resides.	6937

(2) "Victim advocate" means a person who provides support and	6938
assistance for a person who files a petition under this section.	6939

(3) "Family or household member" has the same meaning as in	6940
section 3113.31 of the Revised Code.	6941

(4) "Protection order issued by a court of another state" has	6942
the same meaning as in section 2919.27 of the Revised Code.	6943

(5) "Sexually oriented offense" has the same meaning as in	6944
section 2950.01 of the Revised Code.	6945

(B) The court has jurisdiction over all proceedings under	6946
this section.	6947

(C) A person may seek relief under this section for the	6948
person, or any parent or adult household member may seek relief	6949
under this section on behalf of any other family or household	6950
member, by filing a petition with the court. The petition shall	6951
contain or state both of the following:	6952

(1) An allegation that the respondent engaged in a violation	6953
of section 2903.211 of the Revised Code against the person to be	6954
protected by the protection order or committed a sexually oriented	6955
offense against the person to be protected by the protection	6956
order, including a description of the nature and extent of the	6957
violation;	6958

(2) A request for relief under this section.

6959

(D)(1) If a person who files a petition pursuant to this	6960
section requests an ex parte order, the court shall hold an ex	6961
parte hearing as soon as possible after the petition is filed, but	6962
not later than the next day that the court is in session after the	6963
petition is filed. The court, for good cause shown at the ex	6964
parte hearing, may enter any temporary orders, with or without	6965
bond, that the court finds necessary for the safety and protection	6966
of the person to be protected by the order. Immediate and present	6967
danger to the person to be protected by the protection order	6968
constitutes good cause for purposes of this section. Immediate and	6969
present danger includes, but is not limited to, situations in	6970
which the respondent has threatened the person to be protected by	6971
the protection order with bodily harm or in which the respondent	6972
previously has been convicted of or pleaded guilty to a violation	6973
of section 2903.211 of the Revised Code or a sexually oriented	6974
offense against the person to be protected by the protection	6975
order.	6976

(2)(a) If the court, after an ex parte hearing, issues a	6977
protection order described in division (E) of this section, the	6978
court shall schedule a full hearing for a date that is within ten	6979
court days after the ex parte hearing. The court shall give the	6980
respondent notice of, and an opportunity to be heard at, the full	6981
hearing. The court shall hold the full hearing on the date	6982
scheduled under this division unless the court grants a	6983
continuance of the hearing in accordance with this division. Under	6984
any of the following circumstances or for any of the following	6985
reasons, the court may grant a continuance of the full hearing to	6986
a reasonable time determined by the court:	6987

(i) Prior to the date scheduled for the full hearing under	6988
this division, the respondent has not been served with the	6989
petition filed pursuant to this section and notice of the full	6990
hearing.	6991

(ii) The parties consent to the continuance.

6992

(iii) The continuance is needed to allow a party to obtain	6993
counsel.	6994

(iv) The continuance is needed for other good cause.

6995

(b) An ex parte order issued under this section does not	6996
expire because of a failure to serve notice of the full hearing	6997
upon the respondent before the date set for the full hearing under	6998
division (D)(2)(a) of this section or because the court grants a	6999
continuance under that division.	7000

(3) If a person who files a petition pursuant to this section	7001
does not request an ex parte order, or if a person requests an ex	7002
parte order but the court does not issue an ex parte order after	7003
an ex parte hearing, the court shall proceed as in a normal civil	7004
action and grant a full hearing on the matter.	7005

(E)(1) After an ex parte or full hearing, the court may issue	7006
any protection order, with or without bond, that contains terms	7007
designed to ensure the safety and protection of the person to be	7008
protected by the protection order, including, but not limited to,	7009
a requirement that the respondent refrain from entering the	7010
residence, school, business, or place of employment of the	7011
petitioner or family or household member. If the court includes a	7012
requirement that the respondent refrain from entering the	7013
residence, school, business, or place of employment of the	7014
petitioner or family or household member in the order, it also	7015
shall include in the order provisions of the type described in	7016
division (E)(5) of this section.	7017

(2)(a) Any protection order issued pursuant to this section	7018
shall be valid until a date certain but not later than five years	7019
from the date of its issuance.	7020

(b) Any protection order issued pursuant to this section may	7021
be renewed in the same manner as the original order was issued.	7022

(3) A court may not issue a protection order that requires a	7023
petitioner to do or to refrain from doing an act that the court	7024
may require a respondent to do or to refrain from doing under	7025
division (E)(1) of this section unless all of the following apply:	7026

(a) The respondent files a separate petition for a protection	7027
order in accordance with this section.	7028

(b) The petitioner is served with notice of the respondent's	7029
petition at least forty-eight hours before the court holds a	7030
hearing with respect to the respondent's petition, or the	7031
petitioner waives the right to receive this notice.	7032

(c) If the petitioner has requested an ex parte order	7033
pursuant to division (D) of this section, the court does not delay	7034
any hearing required by that division beyond the time specified in	7035
that division in order to consolidate the hearing with a hearing	7036
on the petition filed by the respondent.	7037

(d) After a full hearing at which the respondent presents	7038
evidence in support of the request for a protection order and the	7039
petitioner is afforded an opportunity to defend against that	7040
evidence, the court determines that the petitioner has committed a	7041
violation of section 2903.211 of the Revised Code against the	7042
person to be protected by the protection order issued pursuant to	7043
this section, has committed a sexually oriented offense against	7044
the person to be protected by the protection order, or has	7045
violated a protection order issued pursuant to section 2903.213 of	7046
the Revised Code relative to the person to be protected by the	7047
protection order issued pursuant to this section.	7048

(4) No protection order issued pursuant to this section shall	7049
in any manner affect title to any real property.	7050

(5)(a) If the court issues a protection order under this	7051
section that includes a requirement that the alleged offender	7052
refrain from entering the residence, school, business, or place of	7053
employment of the petitioner or a family or household member, the	7054
order shall clearly state that the order cannot be waived or	7055
nullified by an invitation to the alleged offender from the	7056
complainant to enter the residence, school, business, or place of	7057
employment or by the alleged offender's entry into one of those	7058
places otherwise upon the consent of the petitioner or family or	7059
household member.	7060

(b) Division (E)(5)(a) of this section does not limit any	7061
discretion of a court to determine that an alleged offender	7062
charged with a violation of section 2919.27 of the Revised Code,	7063
with a violation of a municipal ordinance or township resolution	7064
substantially equivalent to that section, or with contempt of	7065
court, which charge is based on an alleged violation of a	7066
protection order issued under this section, did not commit the	7067
violation or was not in contempt of court.	7068

(F)(1) The court shall cause the delivery of a copy of any	7069
protection order that is issued under this section to the	7070
petitioner, to the respondent, and to all law enforcement agencies	7071
that have jurisdiction to enforce the order. The court shall	7072
direct that a copy of the order be delivered to the respondent on	7073
the same day that the order is entered.	7074

(2) All law enforcement agencies shall establish and maintain	7075
an index for the protection orders delivered to the agencies	7076
pursuant to division (F)(1) of this section. With respect to each	7077
order delivered, each agency shall note on the index the date and	7078
time that it received the order.	7079

(3) Regardless of whether the petitioner has registered the	7080
protection order in the county in which the officer's agency has	7081
jurisdiction pursuant to division (M) of this section, any officer	7082
of a law enforcement agency shall enforce a protection order	7083
issued pursuant to this section by any court in this state in	7084
accordance with the provisions of the order, including removing	7085
the respondent from the premises, if appropriate.	7086

(G) Any proceeding under this section shall be conducted in	7087
accordance with the Rules of Civil Procedure, except that a	7088
protection order may be obtained under this section with or	7089
without bond. An order issued under this section, other than an	7090
ex parte order, that grants a protection order, or that refuses to	7091
grant a protection order, is a final, appealable order. The	7092
remedies and procedures provided in this section are in addition	7093
to, and not in lieu of, any other available civil or criminal	7094
remedies.	7095

(H) The filing of proceedings under this section does not	7096
excuse a person from filing any report or giving any notice	7097
required by section 2151.421 of the Revised Code or by any other	7098
law.	7099

(I) Any law enforcement agency that investigates an alleged	7100
violation of section 2903.211 of the Revised Code or an alleged	7101
commission of a sexually oriented offense shall provide	7102
information to the victim and the family or household members of	7103
the victim regarding the relief available under this section and	7104
section 2903.213 of the Revised Code.	7105

(J) Notwithstanding any provision of law to the contrary and	7106
regardless of whether a protection order is issued or a consent	7107
agreement is approved by a court of another county or by a court	7108
of another state, no court or unit of state or local government	7109
shall charge any fee, cost, deposit, or money in connection with	7110
the filing of a petition pursuant to this section, in connection	7111
with the filing, issuance, registration, or service of a	7112
protection order or consent agreement, or for obtaining a	7113
certified copy of a protection order or consent agreement.	7114

(K)(1) A person who violates a protection order issued under	7115
this section is subject to the following sanctions:	7116

(a) Criminal prosecution for a violation of section 2919.27	7117
of the Revised Code, if the violation of the protection order	7118
constitutes a violation of that section;	7119

(b) Punishment for contempt of court.

7120

(2) The punishment of a person for contempt of court for	7121
violation of a protection order issued under this section does not	7122
bar criminal prosecution of the person for a violation of section	7123
2919.27 of the Revised Code. However, a person punished for	7124
contempt of court is entitled to credit for the punishment imposed	7125
upon conviction of a violation of that section, and a person	7126
convicted of a violation of that section shall not subsequently be	7127
punished for contempt of court arising out of the same activity.	7128

(L) In all stages of a proceeding under this section, a	7129
petitioner may be accompanied by a victim advocate.	7130

(M)(1) A petitioner who obtains a protection order under this	7131
section or a protection order under section 2903.213 of the	7132
Revised Code may provide notice of the issuance or approval of the	7133
order to the judicial and law enforcement officials in any county	7134
other than the county in which the order is issued by registering	7135
that order in the other county pursuant to division (M)(2) of this	7136
section and filing a copy of the registered order with a law	7137
enforcement agency in the other county in accordance with that	7138
division. A person who obtains a protection order issued by a	7139
court of another state may provide notice of the issuance of the	7140
order to the judicial and law enforcement officials in any county	7141
of this state by registering the order in that county pursuant to	7142
section 2919.272 of the Revised Code and filing a copy of the	7143
registered order with a law enforcement agency in that county.	7144

(2) A petitioner may register a protection order issued	7145
pursuant to this section or section 2903.213 of the Revised Code	7146
in a county other than the county in which the court that issued	7147
the order is located in the following manner:	7148

(a) The petitioner shall obtain a certified copy of the order	7149
from the clerk of the court that issued the order and present that	7150
certified copy to the clerk of the court of common pleas or the	7151
clerk of a municipal court or county court in the county in which	7152
the order is to be registered.	7153

(b) Upon accepting the certified copy of the order for	7154
registration, the clerk of the court of common pleas, municipal	7155
court, or county court shall place an endorsement of registration	7156
on the order and give the petitioner a copy of the order that	7157
bears that proof of registration.	7158

(3) The clerk of each court of common pleas, municipal court,	7159
or county court shall maintain a registry of certified copies of	7160
protection orders that have been issued by courts in other	7161
counties pursuant to this section or section 2903.213 of the	7162
Revised Code and that have been registered with the clerk.	7163

Sec. 2907.24. (A) No person shall solicit another to engage	7164
with such other person in sexual activity for hire.	7165

(B) No person, with knowledge that the person has tested	7166
positive as a carrier of a virus that causes acquired	7167
immunodeficiency syndrome, shall engage in conduct in violation of	7168
division (A) of this section.	7169

(C)(1) Whoever violates division (A) of this section is	7170
guilty of soliciting, a misdemeanor of the third degree.	7171

(2) Whoever violates division (B) of this section is guilty	7172
of engaging in solicitation after a positive HIV test. If the	7173
offender commits the violation prior to July 1, 1996, engaging in	7174
solicitation after a positive HIV test is a felony of the second	7175
degree. If the offender commits the violation on or after July 1,	7176
1996, engaging in solicitation after a positive HIV test is a	7177
felony of the third degree.	7178

(D) If a person is convicted of or pleads guilty to a	7179
violation of any provision of this section, an attempt to commit a	7180
violation of any provision of this section, or a violation of or	7181
an attempt to commit a violation of a municipal ordinance or	7182
township resolution that is substantially equivalent to any	7183
provision of this section and if the person, in committing or	7184
attempting to commit the violation, was in, was on, or used a	7185
motor vehicle, the court, in addition to or independent of all	7186
other penalties imposed for the violation, shall impose upon the	7187
offender a class six suspension of the person's driver's license,	7188
commercial driver's license, temporary instruction permit,	7189
probationary license, or nonresident operating privilege from the	7190
range specified in division (A)(6) of section 4510.02 of the	7191
Revised Code.	7192

Sec. 2907.27. (A)(1) If a person is charged with a violation	7193
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or	7194
2907.25 of the Revised Code or with a violation of a municipal	7195
ordinance or township resolution that is substantially equivalent	7196
to any of those sections, the arresting authorities or a court,	7197
upon the request of the prosecutor in the case or upon the request	7198
of the victim, shall cause the accused to submit to one or more	7199
appropriate tests to determine if the accused is suffering from a	7200
venereal disease.	7201

(2) If the accused is found to be suffering from a venereal	7202
disease in an infectious stage, the accused shall be required to	7203
submit to medical treatment for that disease. The cost of the	7204
medical treatment shall be charged to and paid by the accused who	7205
undergoes the treatment. If the accused is indigent, the court	7206
shall order the accused to report to a facility operated by a city	7207
health district or a general health district for treatment. If the	7208
accused is convicted of or pleads guilty to the offense with which	7209
the accused is charged and is placed under a community control	7210
sanction, a condition of community control shall be that the	7211
offender submit to and faithfully follow a course of medical	7212
treatment for the venereal disease. If the offender does not seek	7213
the required medical treatment, the court may revoke the	7214
offender's community control and order the offender to undergo	7215
medical treatment during the period of the offender's	7216
incarceration and to pay the cost of that treatment.	7217

(B)(1)(a) Notwithstanding the requirements for informed	7218
consent in section 3701.242 of the Revised Code, if a person is	7219
charged with a violation of division (B) of section 2903.11 or of	7220
section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24,	7221
2907.241, or 2907.25 of the Revised Code or with a violation of a	7222
municipal ordinance or township resolution that is substantially	7223
equivalent to that division or any of those sections, the court,	7224
upon the request of the prosecutor in the case, upon the request	7225
of the victim, or upon the request of any other person whom the	7226
court reasonably believes had contact with the accused in	7227
circumstances related to the violation that could have resulted in	7228
the transmission to that person of a virus that causes acquired	7229
immunodeficiency syndrome, shall cause the accused to submit to	7230
one or more tests designated by the director of health under	7231
section 3701.241 of the Revised Code to determine if the accused	7232
is a carrier of a virus that causes acquired immunodeficiency	7233
syndrome. The court, upon the request of the prosecutor in the	7234
case, upon the request of the victim with the agreement of the	7235
prosecutor, or upon the request of any other person with the	7236
agreement of the prosecutor, may cause an accused who is charged	7237
with a violation of any other section of the Revised Code or with	7238
a violation of any other municipal ordinance to submit to one or	7239
more tests so designated by the director of health if the	7240
circumstances of the violation indicate probable cause to believe	7241
that the accused, if the accused is infected with the virus that	7242
causes acquired immunodeficiency syndrome, might have transmitted	7243
the virus to any of the following persons in committing the	7244
violation:	7245

(i) In relation to a request made by the prosecuting	7246
attorney, to the victim or to any other person;	7247

(ii) In relation to a request made by the victim, to the	7248
victim making the request;	7249

(iii) In relation to a request made by any other person, to	7250
the person making the request.	7251

(b) The results of a test performed under division (B)(1)(a)	7252
of this section shall be communicated in confidence to the court,	7253
and the court shall inform the accused of the result. The court	7254
shall inform the victim that the test was performed and that the	7255
victim has a right to receive the results on request. If the test	7256
was performed upon the request of a person other than the	7257
prosecutor in the case and other than the victim, the court shall	7258
inform the person who made the request that the test was performed	7259
and that the person has a right to receive the results upon	7260
request. Additionally, regardless of who made the request that was	7261
the basis of the test being performed, if the court reasonably	7262
believes that, in circumstances related to the violation, a person	7263
other than the victim had contact with the accused that could have	7264
resulted in the transmission of the virus to that person, the	7265
court may inform that person that the test was performed and that	7266
the person has a right to receive the results of the test on	7267
request. If the accused tests positive for a virus that causes	7268
acquired immunodeficiency syndrome, the test results shall be	7269
reported to the department of health in accordance with section	7270
3701.24 of the Revised Code and to the sheriff, head of the state	7271
correctional institution, or other person in charge of any jail or	7272
prison in which the accused is incarcerated. If the accused tests	7273
positive for a virus that causes acquired immunodeficiency	7274
syndrome and the accused was charged with, and was convicted of or	7275
pleaded guilty to, a violation of section 2907.24, 2907.241, or	7276
2907.25 of the Revised Code or a violation of a municipal	7277
ordinance or township resolution that is substantially equivalent	7278
to any of those sections, the test results also shall be reported	7279
to the law enforcement agency that arrested the accused, and the	7280
law enforcement agency may use the test results as the basis for	7281
any future charge of a violation of division (B) of any of those	7282
sections or a violation of a municipal ordinance or township	7283
resolution that is substantially equivalent to division (B) of any	7284
of those sections. No other disclosure of the test results or the	7285
fact that a test was performed shall be made, other than as	7286
evidence in a grand jury proceeding or as evidence in a judicial	7287
proceeding in accordance with the Rules of Evidence. If the test	7288
result is negative, and the charge has not been dismissed or if	7289
the accused has been convicted of the charge or a different	7290
offense arising out of the same circumstances as the offense	7291
charged, the court shall order that the test be repeated not	7292
earlier than three months nor later than six months after the	7293
original test.	7294

(2) If an accused who is free on bond refuses to submit to a	7295
test ordered by the court pursuant to division (B)(1) of this	7296
section, the court may order that the accused's bond be revoked	7297
and that the accused be incarcerated until the test is performed.	7298
If an accused who is incarcerated refuses to submit to a test	7299
ordered by the court pursuant to division (B)(1) of this section,	7300
the court shall order the person in charge of the jail or prison	7301
in which the accused is incarcerated to take any action necessary	7302
to facilitate the performance of the test, including the forcible	7303
restraint of the accused for the purpose of drawing blood to be	7304
used in the test.	7305

(3) A state agency, a political subdivision of the state, or	7306
an employee of a state agency or of a political subdivision of the	7307
state is immune from liability in a civil action to recover	7308
damages for injury, death, or loss to person or property allegedly	7309
caused by any act or omission in connection with the performance	7310
of the duties required under division (B)(2) of this section	7311
unless the acts or omissions are with malicious purpose, in bad	7312
faith, or in a wanton or reckless manner.	7313

(C) As used in this section, "community control sanction" has	7314
the same meaning as in section 2929.01 of the Revised Code.	7315

Sec. 2907.28. (A) Any cost incurred by a hospital or	7316
emergency medical facility in conducting a medical examination of	7317
a victim of an offense under any provision of sections 2907.02 to	7318
2907.06 of the Revised Code for the purpose of gathering physical	7319
evidence for a possible prosecution, including the cost of any	7320
antibiotics administered as part of the examination, shall be paid	7321
out of the reparations fund established pursuant to section	7322
2743.191 of the Revised Code, subject to the following conditions:	7323

(1) The hospital or emergency facility shall follow a	7324
protocol for conducting such medical examinations that is	7325
identified by the attorney general in rule adopted in accordance	7326
with Chapter 119. of the Revised Code.	7327

(2) The hospital or emergency facility shall submit requests	7328
for payment to the attorney general on a monthly basis, through a	7329
procedure determined by the attorney general and on forms approved	7330
by the attorney general. The requests shall identify the number of	7331
sexual assault examinations performed and shall verify that all	7332
required protocols were met for each examination form submitted	7333
for payment in the request.	7334

(3) The attorney general shall review all requests for	7335
payment that are submitted under division (A)(2) of this section	7336
and shall submit for payment as described in division (A)(5) of	7337
this section all requests that meet the requirements of this	7338
section.	7339

(4) The hospital or emergency facility shall accept a flat	7340
fee payment for conducting each examination in the amount	7341
determined by the attorney general pursuant to Chapter 119. of the	7342
Revised Code as payment in full for any cost incurred in	7343
conducting a medical examination and test of a victim of an	7344
offense under any provision of sections 2907.02 to 2907.06 of the	7345
Revised Code for the purpose of gathering physical evidence for a	7346
possible prosecution of a person. The attorney general shall	7347
determine a flat fee payment amount to be paid under this division	7348
that is reasonable.	7349

(5) In approving a payment under this section, the attorney	7350
general shall order the payment against the state. The payment	7351
shall be accomplished only through the following procedure, and	7352
the procedure may be enforced through a mandamus action and a writ	7353
of mandamus directed to the appropriate official:	7354

(a) The attorney general shall provide for payment in the	7355
amount set forth in the order.	7356

(b) The expense of the payment of the amount described in	7357
this section shall be charged against all available unencumbered	7358
moneys in the reparations fund.	7359

(B) No costs incurred by a hospital or emergency facility in	7360
conducting a medical examination and test of any victim of an	7361
offense under any provision of sections 2907.02 to 2907.06 of the	7362
Revised Code for the purpose of gathering physical evidence for a	7363
possible prosecution of a person shall be billed or charged	7364
directly or indirectly to the victim or the victim's insurer.	7365

(C) Any cost incurred by a hospital or emergency medical	7366
facility in conducting a medical examination and test of any	7367
person who is charged with a violation of division (B) of section	7368
2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.24,	7369
2907.241, or 2907.25 of the Revised Code or with a violation of a	7370
municipal ordinance or township resolution that is substantially	7371
equivalent to that division or any of those sections, pursuant to	7372
division (B) of section 2907.27 of the Revised Code, shall be	7373
charged to and paid by the accused who undergoes the examination	7374
and test, unless the court determines that the accused is unable	7375
to pay, in which case the cost shall be charged to and paid by the	7376
municipal corporation in which the offense allegedly was	7377
committed, ~~or charged to and paid~~by the township in which the	7378
offense allegedly was committed if the offense is a violation of	7379
a township resolution, or by the county if the offense allegedly	7380
was committed within an unincorporated area and is not a violation	7381
of a township resolution. If separate counts of an alleged offense	7382
or alleged separate offenses under section 2907.02, 2907.03,	7383
2907.04, 2907.05, 2907.24, 2907.241, or 2907.25 of the Revised	7384
Code or under a municipal ordinance or township resolution that is	7385
substantially equivalent to any of those sections took place in	7386
more than one municipal corporation or more than one	7387
unincorporated area, or both, the local governments shall share	7388
the cost of the examination and test. If a hospital or other	7389
emergency medical facility has submitted charges for the cost of a	7390
medical examination and test to an accused and has been unable to	7391
collect payment for the charges after making good faith attempts	7392
to collect for a period of six months or more, the cost shall be	7393
charged to and paid by the appropriate municipal corporation or	7394
county as specified in division (C) of this section.	7395

Sec. 2907.41. (A) Subject to division (D) of this section, a	7396
person who is charged with the commission of any sexually oriented	7397
offense or with a violation of section 2907.09 of the Revised Code	7398
shall appear before the court for the setting of bail if the	7399
person charged previously was convicted of or pleaded guilty to a	7400
sexually oriented offense, a violation of section 2907.09 of the	7401
Revised Code, or a violation of an existing or former municipal	7402
ordinance, township resolution, or law of this or any other state	7403
or the United States that is substantially similar to section	7404
2907.09 of the Revised Code.	7405

(B) To the extent that information about any of the following	7406
is available to the court, the court, in addition to any other	7407
circumstances considered by the court and notwithstanding any	7408
provisions to the contrary contained in Criminal Rule 46, shall	7409
consider all of the following before setting bail for a person who	7410
appears before the court pursuant to division (A) of this section:	7411

(1) Whether the person previously has been adjudicated a	7412
sexual predator or child-victim predator pursuant to Chapter 2950.	7413
of the Revised Code, previously has been determined to be a	7414
habitual sex offender or habitual child-victim offender pursuant	7415
to that ~~Chapter~~chapter, has a history of committing sexually	7416
oriented offenses or child-victim oriented offenses, or has a	7417
history of committing violations of section 2907.09 of the Revised	7418
Code or violations of an existing or former municipal ordinance,	7419
township resolution, or law of this or any other state or the	7420
United States that is substantially similar to that section;	7421

(2) The mental health of the person;

7422

(3) Whether the person has a history of violating the orders	7423
of any court or governmental entity;	7424

(4) Whether the person is potentially a threat to any other	7425
person;	7426

(5) Whether the person has access to deadly weapons or a	7427
history of using deadly weapons;	7428

(6) Whether the person has a history of abusing alcohol or	7429
any controlled substance;	7430

(7) The severity of the alleged conduct of the person that is	7431
the basis of the offense, including but not limited to, the	7432
duration of the alleged conduct, and whether the alleged conduct	7433
involved physical injury, assault, violence, or forcible entry to	7434
gain access to an alleged victim;	7435

(8) Whether the person has exhibited obsessive or controlling	7436
behaviors toward another person, including, but not limited to,	7437
stalking, surveillance, or isolation of another person;	7438

(9) Whether the person has expressed suicidal or homicidal	7439
ideations;	7440

(10) Any information contained in the complaint and any	7441
police reports, affidavits, or other documents accompanying the	7442
complaint.	7443

(C) Any court that has jurisdiction over charges alleging the	7444
commission of a sexually oriented offense or a violation of	7445
section 2907.09 of the Revised Code, in circumstances in which the	7446
person charged previously was convicted of or pleaded guilty to	7447
any of the offenses or violations described in division (A) of	7448
this section, may set a schedule for bail to be used in cases	7449
involving those offenses and violations. The schedule shall	7450
require that a judge consider all of the factors listed in	7451
division (B) of this section and may require judges to set bail at	7452
a certain level if the history of the alleged offender or the	7453
circumstances of the alleged offense meet certain criteria in the	7454
schedule.	7455

(D)(1) Upon the court's own motion or the motion of a party	7456
and upon any terms that the court may direct, a court may permit a	7457
person who is required to appear before it by division (A) of this	7458
section to appear by video conferencing equipment.	7459

(2) If, in the opinion of the court, the appearance in person	7460
or by video conferencing equipment of a person who is charged with	7461
a misdemeanor and who is required to appear before the court by	7462
division (A) of this section is not practicable, the court may	7463
waive the appearance and release the person on bail in accordance	7464
with the court's schedule for bail set under division (C) of this	7465
section or, if the court has not set a schedule for bail under	7466
that division, on one or both of the following types of bail in an	7467
amount set by the court:	7468

(a) A bail bond secured by a deposit of ten per cent of the	7469
amount of the bond in cash;	7470

(b) A surety bond, a bond secured by real estate or	7471
securities as allowed by law, or the deposit of cash, at the	7472
option of the person.	7473

(3) Division (A) of this section does not create a right in a	7474
person to appear before the court for the setting of bail or	7475
prohibit a court from requiring any person charged with a sexually	7476
oriented offense or a violation of section 2907.09 of the Revised	7477
Code who is not described in that division from appearing before	7478
the court for the setting of bail.	7479

(E) As used in this section, "child-victim oriented offense,"	7480
"child-victim predator," "habitual child-victim offender,"	7481
"habitual sex offender," "sexually oriented offense," and "sexual	7482
predator" have the same meanings as in section 2950.01 of the	7483
Revised Code.	7484

Sec. 2913.01. As used in this chapter, unless the context	7485
requires that a term be given a different meaning:	7486

(A) "Deception" means knowingly deceiving another or causing	7487
another to be deceived by any false or misleading representation,	7488
by withholding information, by preventing another from acquiring	7489
information, or by any other conduct, act, or omission that	7490
creates, confirms, or perpetuates a false impression in another,	7491
including a false impression as to law, value, state of mind, or	7492
other objective or subjective fact.	7493

(B) "Defraud" means to knowingly obtain, by deception, some	7494
benefit for oneself or another, or to knowingly cause, by	7495
deception, some detriment to another.	7496

7497

(1) Withhold property of another permanently, or for a period	7498
that appropriates a substantial portion of its value or use, or	7499
with purpose to restore it only upon payment of a reward or other	7500
consideration;	7501

(2) Dispose of property so as to make it unlikely that the	7502
owner will recover it;	7503

(3) Accept, use, or appropriate money, property, or services,	7504
with purpose not to give proper consideration in return for the	7505
money, property, or services, and without reasonable justification	7506
or excuse for not giving proper consideration.	7507

(D) "Owner" means, unless the context requires a different	7508
meaning, any person, other than the actor, who is the owner of,	7509
who has possession or control of, or who has any license or	7510
interest in property or services, even though the ownership,	7511
possession, control, license, or interest is unlawful.	7512

(E) "Services" include labor, personal services, professional	7513
services, public utility services including wireless service as	7514
defined in division (F)(1) of section 4931.40 of the Revised Code,	7515
common carrier services, and food, drink, transportation,	7516
entertainment, and cable television services and, for purposes of	7517
section 2913.04 of the Revised Code, include cable services as	7518
defined in that section.	7519

(F) "Writing" means any computer software, document, letter,	7520
memorandum, note, paper, plate, data, film, or other thing having	7521
in or upon it any written, typewritten, or printed matter, and any	7522
token, stamp, seal, credit card, badge, trademark, label, or other	7523
symbol of value, right, privilege, license, or identification.	7524

(G) "Forge" means to fabricate or create, in whole or in part	7525
and by any means, any spurious writing, or to make, execute,	7526
alter, complete, reproduce, or otherwise purport to authenticate	7527
any writing, when the writing in fact is not authenticated by that	7528
conduct.	7529

(H) "Utter" means to issue, publish, transfer, use, put or	7530
send into circulation, deliver, or display.	7531

(I) "Coin machine" means any mechanical or electronic device	7532
designed to do both of the following:	7533

(1) Receive a coin, bill, or token made for that purpose;

7534

(2) In return for the insertion or deposit of a coin, bill,	7535
or token, automatically dispense property, provide a service, or	7536
grant a license.	7537

(J) "Slug" means an object that, by virtue of its size,	7538
shape, composition, or other quality, is capable of being inserted	7539
or deposited in a coin machine as an improper substitute for a	7540
genuine coin, bill, or token made for that purpose.	7541

(K) "Theft offense" means any of the following:

7542

(1) A violation of section 2911.01, 2911.02, 2911.11,	7543
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	7544
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	7545
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	7546
2913.47, former section 2913.47 or 2913.48, or section 2913.51,	7547
2915.05, or 2921.41 of the Revised Code;	7548

(2) A violation of an existing or former municipal ordinance	7549
or law of this or any other state, or of the United States,	7550
substantially equivalent to any section listed in division (K)(1)	7551
of this section or a violation of section 2913.41, 2913.81, or	7552
2915.06 of the Revised Code as it existed prior to July 1, 1996;	7553

(3) An offense under an existing or former municipal	7554
ordinance, township resolution, or law of this or any other state,	7555
or of the United States, involving robbery, burglary, breaking and	7556
entering, theft, embezzlement, wrongful conversion, forgery,	7557
counterfeiting, deceit, or fraud;	7558

(4) A conspiracy or attempt to commit, or complicity in	7559
committing, any offense under division (K)(1), (2), or (3) of this	7560
section.	7561

(L) "Computer services" includes, but is not limited to, the	7562
use of a computer system, computer network, computer program, data	7563
that is prepared for computer use, or data that is contained	7564
within a computer system or computer network.	7565

(M) "Computer" means an electronic device that performs	7566
logical, arithmetic, and memory functions by the manipulation of	7567
electronic or magnetic impulses. "Computer" includes, but is not	7568
limited to, all input, output, processing, storage, computer	7569
program, or communication facilities that are connected, or	7570
related, in a computer system or network to an electronic device	7571
of that nature.	7572

(N) "Computer system" means a computer and related devices,	7573
whether connected or unconnected, including, but not limited to,	7574
data input, output, and storage devices, data communications	7575
links, and computer programs and data that make the system capable	7576
of performing specified special purpose data processing tasks.	7577

(O) "Computer network" means a set of related and remotely	7578
connected computers and communication facilities that includes	7579
more than one computer system that has the capability to transmit	7580
among the connected computers and communication facilities through	7581
the use of computer facilities.	7582

(P) "Computer program" means an ordered set of data	7583
representing coded instructions or statements that, when executed	7584
by a computer, cause the computer to process data.	7585

(Q) "Computer software" means computer programs, procedures,	7586
and other documentation associated with the operation of a	7587
computer system.	7588

(R) "Data" means a representation of information, knowledge,	7589
facts, concepts, or instructions that are being or have been	7590
prepared in a formalized manner and that are intended for use in a	7591
computer, computer system, or computer network. For purposes of	7592
section 2913.47 of the Revised Code, "data" has the additional	7593
meaning set forth in division (A) of that section.	7594

(S) "Cable television service" means any services provided by	7595
or through the facilities of any cable television system or other	7596
similar closed circuit coaxial cable communications system, or any	7597
microwave or similar transmission service used in connection with	7598
any cable television system or other similar closed circuit	7599
coaxial cable communications system.	7600

(T) "Gain access" means to approach, instruct, communicate	7601
with, store data in, retrieve data from, or otherwise make use of	7602
any resources of a computer, computer system, or computer network,	7603
or any cable service or cable system both as defined in section	7604
2913.04 of the Revised Code.	7605

(U) "Credit card" includes, but is not limited to, a card,	7606
code, device, or other means of access to a customer's account for	7607
the purpose of obtaining money, property, labor, or services on	7608
credit, or for initiating an electronic fund transfer at a	7609
point-of-sale terminal, an automated teller machine, or a cash	7610
dispensing machine. It also includes a county procurement card	7611
issued under section 301.29 of the Revised Code.	7612

(V) "Electronic fund transfer" has the same meaning as in 92	7613
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	7614

(W) "Rented property" means personal property in which the	7615
right of possession and use of the property is for a short and	7616
possibly indeterminate term in return for consideration; the	7617
rentee generally controls the duration of possession of the	7618
property, within any applicable minimum or maximum term; and the	7619
amount of consideration generally is determined by the duration of	7620
possession of the property.	7621

(X) "Telecommunication" means the origination, emission,	7622
dissemination, transmission, or reception of data, images,	7623
signals, sounds, or other intelligence or equivalence of	7624
intelligence of any nature over any communications system by any	7625
method, including, but not limited to, a fiber optic, electronic,	7626
magnetic, optical, digital, or analog method.	7627

(Y) "Telecommunications device" means any instrument,	7628
equipment, machine, or other device that facilitates	7629
telecommunication, including, but not limited to, a computer,	7630
computer network, computer chip, computer circuit, scanner,	7631
telephone, cellular telephone, pager, personal communications	7632
device, transponder, receiver, radio, modem, or device that	7633
enables the use of a modem.	7634

(Z) "Telecommunications service" means the providing,	7635
allowing, facilitating, or generating of any form of	7636
telecommunication through the use of a telecommunications device	7637
over a telecommunications system.	7638

(AA) "Counterfeit telecommunications device" means a	7639
telecommunications device that, alone or with another	7640
telecommunications device, has been altered, constructed,	7641
manufactured, or programmed to acquire, intercept, receive, or	7642
otherwise facilitate the use of a telecommunications service or	7643
information service without the authority or consent of the	7644
provider of the telecommunications service or information service.	7645
"Counterfeit telecommunications device" includes, but is not	7646
limited to, a clone telephone, clone microchip, tumbler telephone,	7647
or tumbler microchip; a wireless scanning device capable of	7648
acquiring, intercepting, receiving, or otherwise facilitating the	7649
use of telecommunications service or information service without	7650
immediate detection; or a device, equipment, hardware, or software	7651
designed for, or capable of, altering or changing the electronic	7652
serial number in a wireless telephone.	7653

(BB)(1) "Information service" means, subject to division	7654
(BB)(2) of this section, the offering of a capability for	7655
generating, acquiring, storing, transforming, processing,	7656
retrieving, utilizing, or making available information via	7657
telecommunications, including, but not limited to, electronic	7658
publishing.	7659

(2) "Information service" does not include any use of a	7660
capability of a type described in division (BB)(1) of this section	7661
for the management, control, or operation of a telecommunications	7662
system or the management of a telecommunications service.	7663

(CC) "Elderly person" means a person who is sixty-five years	7664
of age or older.	7665

(DD) "Disabled adult" means a person who is eighteen years of	7666
age or older and has some impairment of body or mind that makes	7667
the person unable to work at any substantially remunerative	7668
employment that the person otherwise would be able to perform and	7669
that will, with reasonable probability, continue for a period of	7670
at least twelve months without any present indication of recovery	7671
from the impairment, or who is eighteen years of age or older and	7672
has been certified as permanently and totally disabled by an	7673
agency of this state or the United States that has the function of	7674
so classifying persons.	7675

(EE) "Firearm" and "dangerous ordnance" have the same	7676
meanings as in section 2923.11 of the Revised Code.	7677

(FF) "Motor vehicle" has the same meaning as in section	7678
4501.01 of the Revised Code.	7679

(GG) "Dangerous drug" has the same meaning as in section	7680
4729.01 of the Revised Code.	7681

(HH) "Drug abuse offense" has the same meaning as in section	7682
2925.01 of the Revised Code.	7683

(II)(1) "Computer hacking" means any of the following:

7684

(a) Gaining access or attempting to gain access to all or	7685
part of a computer, computer system, or a computer network without	7686
express or implied authorization with the intent to defraud or	7687
with intent to commit a crime;	7688

(b) Misusing computer or network services including, but not	7689
limited to, mail transfer programs, file transfer programs, proxy	7690
servers, and web servers by performing functions not authorized by	7691
the owner of the computer, computer system, or computer network or	7692
other person authorized to give consent. As used in this division,	7693
"misuse of computer and network services" includes, but is not	7694
limited to, the unauthorized use of any of the following:	7695

(i) Mail transfer programs to send mail to persons other than	7696
the authorized users of that computer or computer network;	7697

(ii) File transfer program proxy services or proxy servers to	7698
access other computers, computer systems, or computer networks;	7699

(iii) Web servers to redirect users to other web pages or web	7700
servers.	7701

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	7702
using a group of computer programs commonly known as "port	7703
scanners" or "probes" to intentionally access any computer,	7704
computer system, or computer network without the permission of the	7705
owner of the computer, computer system, or computer network or	7706
other person authorized to give consent. The group of computer	7707
programs referred to in this division includes, but is not limited	7708
to, those computer programs that use a computer network to access	7709
a computer, computer system, or another computer network to	7710
determine any of the following: the presence or types of computers	7711
or computer systems on a network; the computer network's	7712
facilities and capabilities; the availability of computer or	7713
network services; the presence or versions of computer software	7714
including, but not limited to, operating systems, computer	7715
services, or computer contaminants; the presence of a known	7716
computer software deficiency that can be used to gain unauthorized	7717
access to a computer, computer system, or computer network; or any	7718
other information about a computer, computer system, or computer	7719
network not necessary for the normal and lawful operation of the	7720
computer initiating the access.	7721

(ii) The group of computer programs referred to in division	7722
(II)(1)(c)(i) of this section does not include standard computer	7723
software used for the normal operation, administration,	7724
management, and test of a computer, computer system, or computer	7725
network including, but not limited to, domain name services, mail	7726
transfer services, and other operating system services, computer	7727
programs commonly called "ping," "tcpdump," and "traceroute" and	7728
other network monitoring and management computer software, and	7729
computer programs commonly known as "nslookup" and "whois" and	7730
other systems administration computer software.	7731

(d) The intentional use of a computer, computer system, or a	7732
computer network in a manner that exceeds any right or permission	7733
granted by the owner of the computer, computer system, or computer	7734
network or other person authorized to give consent.	7735

(2) "Computer hacking" does not include the introduction of a	7736
computer contaminant, as defined in section 2909.02 of the Revised	7737
Code, into a computer, computer system, computer program, or	7738
computer network.	7739

(JJ) "Police dog or horse" has the same meaning as in section	7740
2921.321 of the Revised Code.	7741

(KK) "Anhydrous ammonia" is a compound formed by the	7742
combination of two gaseous elements, nitrogen and hydrogen, in the	7743
manner described in this division. Anhydrous ammonia is one part	7744
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	7745
weight is fourteen parts nitrogen to three parts hydrogen, which	7746
is approximately eighty-two per cent nitrogen to eighteen per cent	7747
hydrogen.	7748

(LL) "Assistance dog" has the same meaning as in section	7749
955.011 of the Revised Code.	7750

(MM) "Federally licensed firearms dealer" has the same	7751
meaning as in section 5502.63 of the Revised Code.	7752

Sec. 2915.01. As used in this chapter:

7753

(A) "Bookmaking" means the business of receiving or paying	7754
off bets.	7755

(B) "Bet" means the hazarding of anything of value upon the	7756
result of an event, undertaking, or contingency, but does not	7757
include a bona fide business risk.	7758

(C) "Scheme of chance" means a slot machine, lottery, numbers	7759
game, pool conducted for profit, or other scheme in which a	7760
participant gives a valuable consideration for a chance to win a	7761
prize, but does not include bingo, a skill-based amusement	7762
machine, or a pool not conducted for profit.	7763

(D) "Game of chance" means poker, craps, roulette, or other	7764
game in which a player gives anything of value in the hope of	7765
gain, the outcome of which is determined largely by chance, but	7766
does not include bingo.	7767

(E) "Game of chance conducted for profit" means any game of	7768
chance designed to produce income for the person who conducts or	7769
operates the game of chance, but does not include bingo.	7770

(F) "Gambling device" means any of the following:

7771

(1) A book, totalizer, or other equipment for recording bets;

7772

(2) A ticket, token, or other device representing a chance,	7773
share, or interest in a scheme of chance or evidencing a bet;	7774

(3) A deck of cards, dice, gaming table, roulette wheel, slot	7775
machine, or other apparatus designed for use in connection with a	7776
game of chance;	7777

(4) Any equipment, device, apparatus, or paraphernalia	7778
specially designed for gambling purposes;	7779

(5) Bingo supplies sold or otherwise provided, or used, in	7780
violation of this chapter.	7781

(G) "Gambling offense" means any of the following:

7782

(1) A violation of section 2915.02, 2915.03, 2915.04,	7783
2915.05, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091,	7784
2915.092, 2915.10, or 2915.11 of the Revised Code;	7785

(2) A violation of an existing or former municipal ordinance,	7786
township resolution, or law of this or any other state or the	7787
United States substantially equivalent to any section listed in	7788
division (G)(1) of this section or a violation of section 2915.06	7789
of the Revised Code as it existed prior to July 1, 1996;	7790

(3) An offense under an existing or former municipal	7791
ordinance, township resolution, or law of this or any other state	7792
or the United States, of which gambling is an element;	7793

(4) A conspiracy or attempt to commit, or complicity in	7794
committing, any offense under division (G)(1), (2), or (3) of this	7795
section.	7796

(H) Except as otherwise provided in this chapter, "charitable	7797
organization" means any tax exempt religious, educational,	7798
veteran's, fraternal, sporting, service, nonprofit medical,	7799
volunteer rescue service, volunteer firefighter's, senior	7800
citizen's, historic railroad educational, youth athletic, amateur	7801
athletic, or youth athletic park organization. An organization is	7802
tax exempt if the organization is, and has received from the	7803
internal revenue service a determination letter that currently is	7804
in effect stating that the organization is, exempt from federal	7805
income taxation under subsection 501(a) and described in	7806
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	7807
501(c)(19) of the Internal Revenue Code, or if the organization is	7808
a sporting organization that is exempt from federal income	7809
taxation under subsection 501(a) and is described in subsection	7810
501(c)(7) of the Internal Revenue Code. To qualify as a charitable	7811
organization, an organization, except a volunteer rescue service	7812
or volunteer ~~fire fighter's~~firefighter's organization, shall have	7813
been in continuous existence as such in this state for a period of	7814
two years immediately preceding either the making of an	7815
application for a bingo license under section 2915.08 of the	7816
Revised Code or the conducting of any game of chance as provided	7817
in division (D) of section 2915.02 of the Revised Code. A	7818
charitable organization that is exempt from federal income	7819
taxation under subsection 501(a) and described in subsection	7820
501(c)(3) of the Internal Revenue Code and that is created by a	7821
veteran's organization, a fraternal organization, or a sporting	7822
organization does not have to have been in continuous existence as	7823
such in this state for a period of two years immediately preceding	7824
either the making of an application for a bingo license under	7825
section 2915.08 of the Revised Code or the conducting of any game	7826
of chance as provided in division (D) of section 2915.02 of the	7827
Revised Code.	7828

(I) "Religious organization" means any church, body of	7829
communicants, or group that is not organized or operated for	7830
profit and that gathers in common membership for regular worship	7831
and religious observances.	7832

(J) "Educational organization" means any organization within	7833
this state that is not organized for profit, the primary purpose	7834
of which is to educate and develop the capabilities of individuals	7835
through instruction by means of operating or contributing to the	7836
support of a school, academy, college, or university.	7837

(K) "Veteran's organization" means any individual post or	7838
state headquarters of a national veteran's association or an	7839
auxiliary unit of any individual post of a national veteran's	7840
association, which post, state headquarters, or auxiliary unit has	7841
been in continuous existence in this state for at least two years	7842
and incorporated as a nonprofit corporation and either has	7843
received a letter from the state headquarters of the national	7844
veteran's association indicating that the individual post or	7845
auxiliary unit is in good standing with the national veteran's	7846
association or has received a letter from the national veteran's	7847
association indicating that the state headquarters is in good	7848
standing with the national veteran's association. As used in this	7849
division, "national veteran's association" means any veteran's	7850
association that has been in continuous existence as such for a	7851
period of at least five years and either is incorporated by an act	7852
of the United States congress or has a national dues-paying	7853
membership of at least five thousand persons.	7854

(L) "Volunteer firefighter's organization" means any	7855
organization of volunteer firefighters, as defined in section	7856
146.01 of the Revised Code, that is organized and operated	7857
exclusively to provide financial support for a volunteer fire	7858
department or a volunteer fire company and that is recognized or	7859
ratified by a county, municipal corporation, or township.	7860

(M) "Fraternal organization" means any society, order, state	7861
headquarters, or association within this state, except a college	7862
or high school fraternity, that is not organized for profit, that	7863
is a branch, lodge, or chapter of a national or state	7864
organization, that exists exclusively for the common business or	7865
sodality of its members, and that has been in continuous existence	7866
in this state for a period of five years.	7867

(N) "Volunteer rescue service organization" means any	7868
organization of volunteers organized to function as an emergency	7869
medical service organization, as defined in section 4765.01 of the	7870
Revised Code.	7871

(O) "Service organization" means either of the following:

7872

(1) Any organization, not organized for profit, that is	7873
organized and operated exclusively to provide, or to contribute to	7874
the support of organizations or institutions organized and	7875
operated exclusively to provide, medical and therapeutic services	7876
for persons who are crippled, born with birth defects, or have any	7877
other mental or physical defect or those organized and operated	7878
exclusively to protect, or to contribute to the support of	7879
organizations or institutions organized and operated exclusively	7880
to protect, animals from inhumane treatment or provide immediate	7881
shelter to victims of domestic violence;	7882

(2) Any organization that is described in subsection	7883
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	7884
and is either a governmental unit or an organization that is tax	7885
exempt under subsection 501(a) and described in subsection	7886
501(c)(3) of the Internal Revenue Code and that is an	7887
organization, not organized for profit, that is organized and	7888
operated primarily to provide, or to contribute to the support of	7889
organizations or institutions organized and operated primarily to	7890
provide, medical and therapeutic services for persons who are	7891
crippled, born with birth defects, or have any other mental or	7892
physical defect.	7893

(P) "Nonprofit medical organization" means either of the	7894
following:	7895

(1) Any organization that has been incorporated as a	7896
nonprofit corporation for at least five years and that has	7897
continuously operated and will be operated exclusively to provide,	7898
or to contribute to the support of organizations or institutions	7899
organized and operated exclusively to provide, hospital, medical,	7900
research, or therapeutic services for the public;	7901

(2) Any organization that is described and qualified under	7902
subsection 501(c)(3) of the Internal Revenue Code, that has been	7903
incorporated as a nonprofit corporation for at least five years,	7904
and that has continuously operated and will be operated primarily	7905
to provide, or to contribute to the support of organizations or	7906
institutions organized and operated primarily to provide,	7907
hospital, medical, research, or therapeutic services for the	7908
public.	7909

(Q) "Senior citizen's organization" means any private	7910
organization, not organized for profit, that is organized and	7911
operated exclusively to provide recreational or social services	7912
for persons who are fifty-five years of age or older and that is	7913
described and qualified under subsection 501(c)(3) of the Internal	7914
Revenue Code.	7915

(R) "Charitable bingo game" means any bingo game described in	7916
division (S)(1) or (2) of this section that is conducted by a	7917
charitable organization that has obtained a license pursuant to	7918
section 2915.08 of the Revised Code and the proceeds of which are	7919
used for a charitable purpose.	7920

(S) "Bingo" means either of the following:

7921

(1) A game with all of the following characteristics:

7922

(a) The participants use bingo cards or sheets, including	7923
paper formats and electronic representation or image formats, that	7924
are divided into twenty-five spaces arranged in five horizontal	7925
and five vertical rows of spaces, with each space, except the	7926
central space, being designated by a combination of a letter and a	7927
number and with the central space being designated as a free	7928
space.	7929

(b) The participants cover the spaces on the bingo cards or	7930
sheets that correspond to combinations of letters and numbers that	7931
are announced by a bingo game operator.	7932

(c) A bingo game operator announces combinations of letters	7933
and numbers that appear on objects that a bingo game operator	7934
selects by chance, either manually or mechanically, from a	7935
receptacle that contains seventy-five objects at the beginning of	7936
each game, each object marked by a different combination of a	7937
letter and a number that corresponds to one of the seventy-five	7938
possible combinations of a letter and a number that can appear on	7939
the bingo cards or sheets.	7940

(d) The winner of the bingo game includes any participant who	7941
properly announces during the interval between the announcements	7942
of letters and numbers as described in division (S)(1)(c) of this	7943
section, that a predetermined and preannounced pattern of spaces	7944
has been covered on a bingo card or sheet being used by the	7945
participant.	7946

(2) Instant bingo, punch boards, and raffles.

7947

(T) "Conduct" means to back, promote, organize, manage, carry	7948
on, sponsor, or prepare for the operation of bingo or a game of	7949
chance.	7950

(U) "Bingo game operator" means any person, except security	7951
personnel, who performs work or labor at the site of bingo,	7952
including, but not limited to, collecting money from participants,	7953
handing out bingo cards or sheets or objects to cover spaces on	7954
bingo cards or sheets, selecting from a receptacle the objects	7955
that contain the combination of letters and numbers that appear on	7956
bingo cards or sheets, calling out the combinations of letters and	7957
numbers, distributing prizes, selling or redeeming instant bingo	7958
tickets or cards, supervising the operation of a punch board,	7959
selling raffle tickets, selecting raffle tickets from a receptacle	7960
and announcing the winning numbers in a raffle, and preparing,	7961
selling, and serving food or beverages.	7962

(V) "Participant" means any person who plays bingo.

7963

(W) "Bingo session" means a period that includes both of the	7964
following:	7965

(1) Not to exceed five continuous hours for the conduct of	7966
one or more games described in division (S)(1) of this section,	7967
instant bingo, and seal cards;	7968

(2) A period for the conduct of instant bingo and seal cards	7969
for not more than two hours before and not more than two hours	7970
after the period described in division (W)(1) of this section.	7971

(X) "Gross receipts" means all money or assets, including	7972
admission fees, that a person receives from bingo without the	7973
deduction of any amounts for prizes paid out or for the expenses	7974
of conducting bingo. "Gross receipts" does not include any money	7975
directly taken in from the sale of food or beverages by a	7976
charitable organization conducting bingo, or by a bona fide	7977
auxiliary unit or society of a charitable organization conducting	7978
bingo, provided all of the following apply:	7979

(1) The auxiliary unit or society has been in existence as a	7980
bona fide auxiliary unit or society of the charitable organization	7981
for at least two years prior to conducting bingo.	7982

(2) The person who purchases the food or beverage receives	7983
nothing of value except the food or beverage and items customarily	7984
received with the purchase of that food or beverage.	7985

(3) The food and beverages are sold at customary and	7986
reasonable prices.	7987

(Y) "Security personnel" includes any person who either is a	7988
sheriff, deputy sheriff, marshal, deputy marshal, township	7989
constable, or member of an organized police department of a	7990
municipal corporation or has successfully completed a peace	7991
officer's training course pursuant to sections 109.71 to 109.79 of	7992
the Revised Code and who is hired to provide security for the	7993
premises on which bingo is conducted.	7994

(Z) "Charitable purpose" means that the net profit of bingo,	7995
other than instant bingo, is used by, or is given, donated, or	7996
otherwise transferred to, any of the following:	7997

(1) Any organization that is described in subsection	7998
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	7999
and is either a governmental unit or an organization that is tax	8000
exempt under subsection 501(a) and described in subsection	8001
501(c)(3) of the Internal Revenue Code;	8002

(2) A veteran's organization that is a post, chapter, or	8003
organization of veterans, or an auxiliary unit or society of, or a	8004
trust or foundation for, any such post, chapter, or organization	8005
organized in the United States or any of its possessions, at least	8006
seventy-five per cent of the members of which are veterans and	8007
substantially all of the other members of which are individuals	8008
who are spouses, widows, or widowers of veterans, or such	8009
individuals, provided that no part of the net earnings of such	8010
post, chapter, or organization inures to the benefit of any	8011
private shareholder or individual, and further provided that the	8012
net profit is used by the post, chapter, or organization for the	8013
charitable purposes set forth in division (B)(12) of section	8014
5739.02 of the Revised Code, is used for awarding scholarships to	8015
or for attendance at an institution mentioned in division (B)(12)	8016
of section 5739.02 of the Revised Code, is donated to a	8017
governmental agency, or is used for nonprofit youth activities,	8018
the purchase of United States or Ohio flags that are donated to	8019
schools, youth groups, or other bona fide nonprofit organizations,	8020
promotion of patriotism, or disaster relief;	8021

(3) A fraternal organization that has been in continuous	8022
existence in this state for fifteen years and that uses the net	8023
profit exclusively for religious, charitable, scientific,	8024
literary, or educational purposes, or for the prevention of	8025
cruelty to children or animals, if contributions for such use	8026
would qualify as a deductible charitable contribution under	8027
subsection 170 of the Internal Revenue Code;	8028

(4) A volunteer firefighter's organization that uses the net	8029
profit for the purposes set forth in division (L) of this section.	8030

(AA) "Internal Revenue Code" means the "Internal Revenue Code	8031
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	8032
amended.	8033

(BB) "Youth athletic organization" means any organization,	8034
not organized for profit, that is organized and operated	8035
exclusively to provide financial support to, or to operate,	8036
athletic activities for persons who are twenty-one years of age or	8037
younger by means of sponsoring, organizing, operating, or	8038
contributing to the support of an athletic team, club, league, or	8039
association.	8040

(CC) "Youth athletic park organization" means any	8041
organization, not organized for profit, that satisfies both of the	8042
following:	8043

(1) It owns, operates, and maintains playing fields that	8044
satisfy both of the following:	8045

(a) The playing fields are used at least one hundred days per	8046
year for athletic activities by one or more organizations, not	8047
organized for profit, each of which is organized and operated	8048
exclusively to provide financial support to, or to operate,	8049
athletic activities for persons who are eighteen years of age or	8050
younger by means of sponsoring, organizing, operating, or	8051
contributing to the support of an athletic team, club, league, or	8052
association.	8053

(b) The playing fields are not used for any profit-making	8054
activity at any time during the year.	8055

(2) It uses the proceeds of bingo it conducts exclusively for	8056
the operation, maintenance, and improvement of its playing fields	8057
of the type described in division (CC)(1) of this section.	8058

(DD) "Amateur athletic organization" means any organization,	8059
not organized for profit, that is organized and operated	8060
exclusively to provide financial support to, or to operate,	8061
athletic activities for persons who are training for amateur	8062
athletic competition that is sanctioned by a national governing	8063
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	8064
3045, 36 U.S.C.A. 373.	8065

(EE) "Bingo supplies" means bingo cards or sheets; instant	8066
bingo tickets or cards; electronic bingo aids; raffle tickets;	8067
punch boards; seal cards; instant bingo ticket dispensers; and	8068
devices for selecting or displaying the combination of bingo	8069
letters and numbers or raffle tickets. Items that are "bingo	8070
supplies" are not gambling devices if sold or otherwise provided,	8071
and used, in accordance with this chapter. For purposes of this	8072
chapter, "bingo supplies" are not to be considered equipment used	8073
to conduct a bingo game.	8074

(FF) "Instant bingo" means a form of bingo that uses folded	8075
or banded tickets or paper cards with perforated break-open tabs,	8076
a face of which is covered or otherwise hidden from view to	8077
conceal a number, letter, or symbol, or set of numbers, letters,	8078
or symbols, some of which have been designated in advance as prize	8079
winners. "Instant bingo" includes seal cards. "Instant bingo" does	8080
not include any device that is activated by the insertion of a	8081
coin, currency, token, or an equivalent, and that contains as one	8082
of its components a video display monitor that is capable of	8083
displaying numbers, letters, symbols, or characters in winning or	8084
losing combinations.	8085

(GG) "Seal card" means a form of instant bingo that uses	8086
instant bingo tickets in conjunction with a board or placard that	8087
contains one or more seals that, when removed or opened, reveal	8088
predesignated winning numbers, letters, or symbols.	8089

(HH) "Raffle" means a form of bingo in which the one or more	8090
prizes are won by one or more persons who have purchased a raffle	8091
ticket. The one or more winners of the raffle are determined by	8092
drawing a ticket stub or other detachable section from a	8093
receptacle containing ticket stubs or detachable sections	8094
corresponding to all tickets sold for the raffle.	8095

(II) "Punch board" means a board containing a number of holes	8096
or receptacles of uniform size in which are placed, mechanically	8097
and randomly, serially numbered slips of paper that may be punched	8098
or drawn from the hole or receptacle when used in conjunction with	8099
instant bingo. A player may punch or draw the numbered slips of	8100
paper from the holes or receptacles and obtain the prize	8101
established for the game if the number drawn corresponds to a	8102
winning number or, if the punch board includes the use of a seal	8103
card, a potential winning number.	8104

(JJ) "Gross profit" means gross receipts minus the amount	8105
actually expended for the payment of prize awards.	8106

(KK) "Net profit" means gross profit minus expenses.

8107

(LL) "Expenses" means the reasonable amount of gross profit	8108
actually expended for all of the following:	8109

(1) The purchase or lease of bingo supplies;

8110

(2) The annual license fee required under section 2915.08 of	8111
the Revised Code;	8112

(3) Bank fees and service charges for a bingo session or game	8113
account described in section 2915.10 of the Revised Code;	8114

(4) Audits and accounting services;

8115

(5) Safes;

8116

(6) Cash registers;

8117

(7) Hiring security personnel;

8118

(8) Advertising bingo;

8119

(9) Renting premises in which to conduct a bingo session;

8120

(10) Tables and chairs;

8121

(11) Expenses for maintaining and operating a charitable	8122
organization's facilities, including, but not limited to, a post	8123
home, club house, lounge, tavern, or canteen and any grounds	8124
attached to the post home, club house, lounge, tavern, or canteen;	8125

(12) Any other product or service directly related to the	8126
conduct of bingo that is authorized in rules adopted by the	8127
attorney general under division (B)(1) of section 2915.08 of the	8128
Revised Code.	8129

(MM) "Person" has the same meaning as in section 1.59 of the	8130
Revised Code and includes any firm or any other legal entity,	8131
however organized.	8132

(NN) "Revoke" means to void permanently all rights and	8133
privileges of the holder of a license issued under section	8134
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	8135
gaming license issued by another jurisdiction.	8136

(OO) "Suspend" means to interrupt temporarily all rights and	8137
privileges of the holder of a license issued under section	8138
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	8139
gaming license issued by another jurisdiction.	8140

(PP) "Distributor" means any person who purchases or obtains	8141
bingo supplies and who does either of the following:	8142

(1) Sells, offers for sale, or otherwise provides or offers	8143
to provide the bingo supplies to another person for use in this	8144
state;	8145

(2) Modifies, converts, adds to, or removes parts from the	8146
bingo supplies to further their promotion or sale for use in this	8147
state.	8148

(QQ) "Manufacturer" means any person who assembles completed	8149
bingo supplies from raw materials, other items, or subparts or who	8150
modifies, converts, adds to, or removes parts from bingo supplies	8151
to further their promotion or sale.	8152

(RR) "Gross annual revenues" means the annual gross receipts	8153
derived from the conduct of bingo described in division (S)(1) of	8154
this section plus the annual net profit derived from the conduct	8155
of bingo described in division (S)(2) of this section.	8156

(SS) "Instant bingo ticket dispenser" means a mechanical	8157
device that dispenses an instant bingo ticket or card as the sole	8158
item of value dispensed and that has the following	8159
characteristics:	8160

(1) It is activated upon the insertion of United States	8161
currency.	8162

(2) It performs no gaming functions.

8163

(3) It does not contain a video display monitor or generate	8164
noise.	8165

(4) It is not capable of displaying any numbers, letters,	8166
symbols, or characters in winning or losing combinations.	8167

(5) It does not simulate or display rolling or spinning	8168
reels.	8169

(6) It is incapable of determining whether a dispensed bingo	8170
ticket or card is a winning or nonwinning ticket or card and	8171
requires a winning ticket or card to be paid by a bingo game	8172
operator.	8173

(7) It may provide accounting and security features to aid in	8174
accounting for the instant bingo tickets or cards it dispenses.	8175

(8) It is not part of an electronic network and is not	8176
interactive.	8177

(TT)(1) "Electronic bingo aid" means an electronic device	8178
used by a participant to monitor bingo cards or sheets purchased	8179
at the time and place of a bingo session and that does all of the	8180
following:	8181

(a) It provides a means for a participant to input numbers	8182
and letters announced by a bingo caller.	8183

(b) It compares the numbers and letters entered by the	8184
participant to the bingo faces previously stored in the memory of	8185
the device.	8186

8187

(2) "Electronic bingo aid" does not include any device into	8188
which a coin, currency, token, or an equivalent is inserted to	8189
activate play.	8190

(UU) "Deal of instant bingo tickets" means a single game of	8191
instant bingo tickets all with the same serial number.	8192

(VV)(1) "Slot machine" ~~machine~~ means either of the following:

8193

(a) Any mechanical, electronic, video, or digital device that	8194
is capable of accepting anything of value, directly or indirectly,	8195
from or on behalf of a player who gives the thing of value in the	8196
hope of gain, the outcome of which is determined largely or wholly	8197
by chance;	8198

(b) Any mechanical, electronic, video, or digital device that	8199
is capable of accepting anything of value, directly or indirectly,	8200
from or on behalf of a player to conduct or dispense bingo or a	8201
scheme or game of chance.	8202

(2) "Slot machine" does not include a skill-based amusement	8203
machine.	8204

(WW) "Net profit from the proceeds of the sale of instant	8205
bingo" means gross profit minus the ordinary, necessary, and	8206
reasonable expense expended for the purchase of instant bingo	8207
supplies.	8208

(XX) "Charitable instant bingo organization" means an	8209
organization that is exempt from federal income taxation under	8210
subsection 501(a) and described in subsection 501(c)(3) of the	8211
Internal Revenue Code and is a charitable organization as defined	8212
in this section. A "charitable instant bingo organization" does	8213
not include a charitable organization that is exempt from federal	8214
income taxation under subsection 501(a) and described in	8215
subsection 501(c)(3) of the Internal Revenue Code and that is	8216
created by a veteran's organization, a fraternal organization, or	8217
a sporting organization in regards to bingo conducted or assisted	8218
by a veteran's organization, a fraternal organization, or a	8219
sporting organization pursuant to section 2915.13 of the Revised	8220
Code.	8221

(YY) "Game flare" means the board or placard that accompanies	8222
each deal of instant bingo tickets and that has printed on or	8223
affixed to it the following information for the game:	8224

(1) The name of the game;

8225

(2) The manufacturer's name or distinctive logo;

8226

(3) The form number;

8227

(4) The ticket count;

8228

(5) The prize structure, including the number of winning	8229
instant bingo tickets by denomination and the respective winning	8230
symbol or number combinations for the winning instant bingo	8231
tickets;	8232

(6) The cost per play;

8233

(7) The serial number of the game.

8234

(ZZ) "Historic railroad educational organization" means an	8235
organization that is exempt from federal income taxation under	8236
subsection 501(a) and described in subsection 501(c)(3) of the	8237
Internal Revenue Code, that owns in fee simple the tracks and the	8238
right of way of a historic railroad that the organization restores	8239
or maintains and on which the organization provides excursions as	8240
part of a program to promote tourism and educate visitors	8241
regarding the role of railroad transportation in Ohio history, and	8242
that received as donations from a charitable organization that	8243
holds a license to conduct bingo under this chapter an amount	8244
equal to at least fifty per cent of that licensed charitable	8245
organization's net proceeds from the conduct of bingo during each	8246
of the five years preceding June 30, 2003. "Historic railroad"	8247
means all or a portion of the tracks and right-of-way of a	8248
railroad that was owned and operated by a for-profit common	8249
carrier in this state at any time prior to January 1, 1950.	8250

(AAA)(1) "Skill-based amusement machine" means a skill-based	8251
amusement device, such as a mechanical, electronic, video, or	8252
digital device, or machine, whether or not the skill-based	8253
amusement machine requires payment for use through a coin or bill	8254
validator or other payment of consideration or value to	8255
participate in the machine's offering or to activate the machine,	8256
provided that all of the following apply:	8257

(a) The machine involves a task, game, play, contest,	8258
competition, or tournament in which the player actively	8259
participates in the task, game, play, contest, competition, or	8260
tournament.	8261

(b) The outcome of an individual's play and participation is	8262
not determined largely or wholly by chance.	8263

(c) The outcome of play during a game is not controlled by a	8264
person not actively participating in the game.	8265

(2) All of the following apply to any machine that is	8266
operated as described in division (AAA)(1) of this section:	8267

(a) As used in this section, "task," "game," and "play" mean	8268
one event from the initial activation of the machine until the	8269
results of play are determined without payment of additional	8270
consideration. An individual utilizing a machine that involves a	8271
single task, game, play, contest, competition, or tournament may	8272
be awarded prizes based on the results of play.	8273

(b) Advance play for a single task, game, play, contest,	8274
competition, or tournament participation may be purchased. The	8275
cost of the contest, competition, or tournament participation may	8276
be greater than a single non-contest, competition, or tournament	8277
play.	8278

(c) To the extent that the machine is used in a contest,	8279
competition, or tournament, that contest, competition, or	8280
tournament has a defined starting and ending date and is open to	8281
participants in competition for scoring and ranking results toward	8282
the awarding of prizes that are stated prior to the start of the	8283
contest, competition, or tournament.	8284

(BBB) "Pool not conducted for profit" means a scheme in which	8285
a participant gives a valuable consideration for a chance to win a	8286
prize and the total amount of consideration wagered is distributed	8287
to a participant or participants.	8288

(CCC) "Sporting organization" means a hunting, fishing, or	8289
trapping organization, other than a college or high school	8290
fraternity or sorority, that is not organized for profit, that is	8291
affiliated with a state or national sporting organization,	8292
including but not limited to, the Ohio ~~League~~league of sportsmen,	8293
and that has been in continuous existence in this state for a	8294
period of three years.	8295

(DDD) "Community action agency" has the same meaning as in	8296
section 122.66 of the Revised Code.	8297

Sec. 2917.11. (A) No person shall recklessly cause	8298
inconvenience, annoyance, or alarm to another by doing any of the	8299
following:	8300

(1) Engaging in fighting, in threatening harm to persons or	8301
property, or in violent or turbulent behavior;	8302

(2) Making unreasonable noise or an offensively coarse	8303
utterance, gesture, or display or communicating unwarranted and	8304
grossly abusive language to any person;	8305

(3) Insulting, taunting, or challenging another, under	8306
circumstances in which that conduct is likely to provoke a violent	8307
response;	8308

(4) Hindering or preventing the movement of persons on a	8309
public street, road, highway, or right-of-way, or to, from,	8310
within, or upon public or private property, so as to interfere	8311
with the rights of others, and by any act that serves no lawful	8312
and reasonable purpose of the offender;	8313

(5) Creating a condition that is physically offensive to	8314
persons or that presents a risk of physical harm to persons or	8315
property, by any act that serves no lawful and reasonable purpose	8316
of the offender.	8317

(B) No person, while voluntarily intoxicated, shall do either	8318
of the following:	8319

(1) In a public place or in the presence of two or more	8320
persons, engage in conduct likely to be offensive or to cause	8321
inconvenience, annoyance, or alarm to persons of ordinary	8322
sensibilities, which conduct the offender, if the offender were	8323
not intoxicated, should know is likely to have that effect on	8324
others;	8325

(2) Engage in conduct or create a condition that presents a	8326
risk of physical harm to the offender or another, or to the	8327
property of another.	8328

(C) Violation of any statute or, ordinance, or resolution of	8329
which an element is operating a motor vehicle, locomotive,	8330
watercraft, aircraft, or other vehicle while under the influence	8331
of alcohol or any drug of abuse, is not a violation of division	8332
(B) of this section.	8333

(D) If a person appears to an ordinary observer to be	8334
intoxicated, it is probable cause to believe that person is	8335
voluntarily intoxicated for purposes of division (B) of this	8336
section.	8337

(E)(1) Whoever violates this section is guilty of disorderly	8338
conduct.	8339

(2) Except as otherwise provided in division (E)(3) of this	8340
section, disorderly conduct is a minor misdemeanor.	8341

(3) Disorderly conduct is a misdemeanor of the fourth degree	8342
if any of the following applies:	8343

(a) The offender persists in disorderly conduct after	8344
reasonable warning or request to desist.	8345

(b) The offense is committed in the vicinity of a school or	8346
in a school safety zone.	8347

(c) The offense is committed in the presence of any law	8348
enforcement officer, firefighter, rescuer, medical person,	8349
emergency medical services person, or other authorized person who	8350
is engaged in the person's duties at the scene of a fire,	8351
accident, disaster, riot, or emergency of any kind.	8352

(d) The offense is committed in the presence of any emergency	8353
facility person who is engaged in the person's duties in an	8354
emergency facility.	8355

(F) As used in this section:

8356

(1) "Emergency medical services person" is the singular of	8357
"emergency medical services personnel" as defined in section	8358
2133.21 of the Revised Code.	8359

(2) "Emergency facility person" is the singular of "emergency	8360
facility personnel" as defined in section 2909.04 of the Revised	8361
Code.	8362

(3) "Emergency facility" has the same meaning as in section	8363
2909.04 of the Revised Code.	8364

(4) "Committed in the vicinity of a school" has the same	8365
meaning as in section 2925.01 of the Revised Code.	8366

Sec. 2917.41. (A) No person shall evade the payment of the	8367
known fares of a public transportation system.	8368

(B) No person shall alter any transfer, pass, ticket, or	8369
token of a public transportation system with the purpose of	8370
evading the payment of fares or of defrauding the system.	8371

(C) No person shall do any of the following while in any	8372
facility or on any vehicle of a public transportation system:	8373

(1) Play sound equipment without the proper use of a private	8374
earphone;	8375

(2) Smoke, eat, or drink in any area where the activity is	8376
clearly marked as being prohibited;	8377

(3) Expectorate upon a person, facility, or vehicle.

8378

(D) No person shall write, deface, draw, or otherwise mark on	8379
any facility or vehicle of a public transportation system.	8380

(E) No person shall fail to comply with a lawful order of a	8381
public transportation system police officer, and no person shall	8382
resist, obstruct, or abuse a public transportation police officer	8383
in the performance of the officer's duties.	8384

(F) Whoever violates this section is guilty of misconduct	8385
involving a public transportation system.	8386

(1) Violation of division (A), (B), or (E) of this section is	8387
a misdemeanor of the fourth degree.	8388

(2) Violation of division (C) of this section is a minor	8389
misdemeanor on a first offense. If a person previously has been	8390
convicted of or pleaded guilty to a violation of any division of	8391
this section or of a municipal ordinance or township resolution	8392
that is substantially similar to any division of this section,	8393
violation of division (C) of this section is a misdemeanor of the	8394
fourth degree.	8395

(3) Violation of division (D) of this section is a	8396
misdemeanor of the third degree.	8397

(G) Notwithstanding any other provision of law, seventy-five	8398
per cent of each fine paid to satisfy a sentence imposed for a	8399
violation of this section shall be deposited into the treasury of	8400
the county in which the violation occurred and twenty-five per	8401
cent shall be deposited with the county transit board, regional	8402
transit authority, or regional transit commission that operates	8403
the public transportation system involved in the violation, unless	8404
the board of county commissioners operates the public	8405
transportation system, in which case one hundred per cent of each	8406
fine shall be deposited into the treasury of the county.	8407

(H) As used in this section, "public transportation system"	8408
means a county transit system operated in accordance with sections	8409
306.01 to 306.13 of the Revised Code, a regional transit authority	8410
operated in accordance with sections 306.30 to 306.71 of the	8411
Revised Code, or a regional transit commission operated in	8412
accordance with sections 306.80 to 306.90 of the Revised Code.	8413

Sec. 2919.25. (A) No person shall knowingly cause or attempt	8414
to cause physical harm to a family or household member.	8415

(B) No person shall recklessly cause serious physical harm to	8416
a family or household member.	8417

(C) No person, by threat of force, shall knowingly cause a	8418
family or household member to believe that the offender will cause	8419
imminent physical harm to the family or household member.	8420

(D)(1) Whoever violates this section is guilty of domestic	8421
violence.	8422

(2) Except as otherwise provided in division (D)(3) or (4) of	8423
this section, a violation of division (C) of this section is a	8424
misdemeanor of the fourth degree, and a violation of division (A)	8425
or (B) of this section is a misdemeanor of the first degree.	8426

(3) Except as otherwise provided in division (D)(4) of this	8427
section, if the offender previously has pleaded guilty to or been	8428
convicted of domestic violence, a violation of an existing or	8429
former municipal ordinance, township resolution, or law of this or	8430
any other state or the United States that is substantially similar	8431
to domestic violence, a violation of section 2903.14, 2909.06,	8432
2909.07, 2911.12, 2911.211, or 2919.22 of the Revised Code if the	8433
victim of the violation was a family or household member at the	8434
time of the violation, a violation of an existing or former	8435
municipal ordinance, township resolution, or law of this or any	8436
other state or the United States that is substantially similar to	8437
any of those sections if the victim of the violation was a family	8438
or household member at the time of the commission of the	8439
violation, or any offense of violence if the victim of the offense	8440
was a family or household member at the time of the commission of	8441
the offense, a violation of division (A) or (B) of this section is	8442
a felony of the fourth degree, and a violation of division (C) of	8443
this section is a misdemeanor of the second degree.	8444

(4) If the offender previously has pleaded guilty to or been	8445
convicted of two or more offenses of domestic violence or two or	8446
more violations or offenses of the type described in division	8447
(D)(3) of this section involving a person who was a family or	8448
household member at the time of the violations or offenses, a	8449
violation of division (A) or (B) of this section is a felony of	8450
the third degree, and a violation of division (C) of this section	8451
is a misdemeanor of the first degree.	8452

(E) Notwithstanding any provision of law to the contrary, no	8453
court or unit of state or local government shall charge any fee,	8454
cost, deposit, or money in connection with the filing of charges	8455
against a person alleging that the person violated this section or	8456
a municipal ordinance or township resolution substantially similar	8457
to this section or in connection with the prosecution of any	8458
charges so filed.	8459

(F) As used in this section and sections 2919.251 and 2919.26	8460
of the Revised Code:	8461

(1) "Family or household member" means any of the following:

8462

(a) Any of the following who is residing or has resided with	8463
the offender:	8464

(i) A spouse, a person living as a spouse, or a former spouse	8465
of the offender;	8466

(ii) A parent or a child of the offender, or another person	8467
related by consanguinity or affinity to the offender;	8468

(iii) A parent or a child of a spouse, person living as a	8469
spouse, or former spouse of the offender, or another person	8470
related by consanguinity or affinity to a spouse, person living as	8471
a spouse, or former spouse of the offender.	8472

(b) The natural parent of any child of whom the offender is	8473
the other natural parent or is the putative other natural parent.	8474

(2) "Person living as a spouse" means a person who is living	8475
or has lived with the offender in a common law marital	8476
relationship, who otherwise is cohabiting with the offender, or	8477
who otherwise has cohabited with the offender within five years	8478
prior to the date of the alleged commission of the act in	8479
question.	8480

Sec. 2919.251. (A) Subject to division (D) of this section,	8481
a person who is charged with the commission of any offense of	8482
violence shall appear before the court for the setting of bail if	8483
the alleged victim of the offense charged was a family or	8484
household member at the time of the offense and if any of the	8485
following applies:	8486

(1) The person charged, at the time of the alleged offense,	8487
was subject to the terms of a protection order issued or consent	8488
agreement approved pursuant to section 2919.26 or 3113.31 of the	8489
Revised Code or previously was convicted of or pleaded guilty to a	8490
violation of section 2919.25 of the Revised Code or a violation of	8491
section 2919.27 of the Revised Code involving a protection order	8492
or consent agreement of that type, a violation of an existing or	8493
former municipal ordinance, township resolution, or law of this or	8494
any other state or the United States that is substantially similar	8495
to either section, a violation of section 2909.06, 2909.07,	8496
2911.12, or 2911.211 of the Revised Code if the victim of the	8497
violation was a family or household member at the time of the	8498
violation, a violation of an existing or former municipal	8499
ordinance, township resolution, or law of this or any other state	8500
or the United States that is substantially similar to any of those	8501
sections if the victim of the violation was a family or household	8502
member at the time of the commission of the violation, or any	8503
offense of violence if the victim of the offense was a family or	8504
household member at the time of the offense;	8505

(2) The arresting officer indicates in a police report or	8506
other document accompanying the complaint any of the following:	8507

(a) That the arresting officer observed on the alleged victim	8508
objective manifestations of physical harm that the arresting	8509
officer reasonably believes are a result of the alleged offense;	8510

(b) That the arresting officer reasonably believes that the	8511
person had on the person's person at the time of the alleged	8512
offense a deadly weapon or dangerous ordnance;	8513

(c) That the arresting officer reasonably believes that the	8514
person presents a credible threat of serious physical harm to the	8515
alleged victim or to any other person if released on bail before	8516
trial.	8517

(B) To the extent that information about any of the following	8518
is available to the court, the court shall consider all of the	8519
following, in addition to any other circumstances considered by	8520
the court and notwithstanding any provisions to the contrary	8521
contained in Criminal Rule 46, before setting bail for a person	8522
who appears before the court pursuant to division (A) of this	8523
section:	8524

(1) Whether the person has a history of domestic violence or	8525
a history of other violent acts;	8526

(2) The mental health of the person;

8527

(3) Whether the person has a history of violating the orders	8528
of any court or governmental entity;	8529

(4) Whether the person is potentially a threat to any other	8530
person;	8531

(5) Whether the person has access to deadly weapons or a	8532
history of using deadly weapons;	8533

(6) Whether the person has a history of abusing alcohol or	8534
any controlled substance;	8535

(7) The severity of the alleged violence that is the basis of	8536
the offense, including but not limited to, the duration of the	8537
alleged violent incident, and whether the alleged violent incident	8538
involved serious physical injury, sexual assault, strangulation,	8539
abuse during the alleged victim's pregnancy, abuse of pets, or	8540
forcible entry to gain access to the alleged victim;	8541

(8) Whether a separation of the person from the alleged	8542
victim or a termination of the relationship between the person and	8543
the alleged victim has recently occurred or is pending;	8544

(9) Whether the person has exhibited obsessive or controlling	8545
behaviors toward the alleged victim, including but not limited to,	8546
stalking, surveillance, or isolation of the alleged victim;	8547

(10) Whether the person has expressed suicidal or homicidal	8548
ideations;	8549

(11) Any information contained in the complaint and any	8550
police reports, affidavits, or other documents accompanying the	8551
complaint.	8552

(C) Any court that has jurisdiction over charges alleging the	8553
commission of an offense of violence in circumstances in which the	8554
alleged victim of the offense was a family or household member at	8555
the time of the offense may set a schedule for bail to be used in	8556
cases involving those offenses. The schedule shall require that a	8557
judge consider all of the factors listed in division (B) of this	8558
section and may require judges to set bail at a certain level if	8559
the history of the alleged offender or the circumstances of the	8560
alleged offense meet certain criteria in the schedule.	8561

(D)(1) Upon the court's own motion or the motion of a party	8562
and upon any terms that the court may direct, a court may permit a	8563
person who is required to appear before it by division (A) of this	8564
section to appear by video conferencing equipment.	8565

(2) If in the opinion of the court the appearance in person	8566
or by video conferencing equipment of a person who is charged with	8567
a misdemeanor and who is required to appear before the court by	8568
division (A) of this section is not practicable, the court may	8569
waive the appearance and release the person on bail in accordance	8570
with the court's schedule for bail set under division (C) of this	8571
section or, if the court has not set a schedule for bail under	8572
that division, on one or both of the following types of bail in an	8573
amount set by the court:	8574

(a) A bail bond secured by a deposit of ten per cent of the	8575
amount of the bond in cash;	8576

(b) A surety bond, a bond secured by real estate or	8577
securities as allowed by law, or the deposit of cash, at the	8578
option of the person.	8579

(3) Division (A) of this section does not create a right in a	8580
person to appear before the court for the setting of bail or	8581
prohibit a court from requiring any person charged with an offense	8582
of violence who is not described in that division from appearing	8583
before the court for the setting of bail.	8584

(E) As used in this section:

8585

(1) "Controlled substance" has the same meaning as in section	8586
3719.01 of the Revised Code.	8587

(2) "Dangerous ordnance" and "deadly weapon" have the same	8588
meanings as in section 2923.11 of the Revised Code.	8589

Sec. 2919.26. (A)(1) Upon the filing of a complaint that	8590
alleges a violation of section 2909.06, 2909.07, 2911.12, or	8591
2911.211 of the Revised Code if the alleged victim of the	8592
violation was a family or household member at the time of the	8593
violation, a violation of a municipal ordinance or township	8594
resolution that is substantially similar to any of those sections	8595
if the alleged victim of the violation was a family or household	8596
member at the time of the violation, any offense of violence if	8597
the alleged victim of the offense was a family or household member	8598
at the time of the commission of the offense, or any sexually	8599
oriented offense if the alleged victim of the offense was a family	8600
or household member at the time of the commission of the offense,	8601
the complainant, the alleged victim, or a family or household	8602
member of an alleged victim may file, or, if in an emergency the	8603
alleged victim is unable to file, a person who made an arrest for	8604
the alleged violation or offense under section 2935.03 of the	8605
Revised Code may file on behalf of the alleged victim, a motion	8606
that requests the issuance of a temporary protection order as a	8607
pretrial condition of release of the alleged offender, in addition	8608
to any bail set under Criminal Rule 46. The motion shall be filed	8609
with the clerk of the court that has jurisdiction of the case at	8610
any time after the filing of the complaint.	8611

(2) For purposes of section 2930.09 of the Revised Code, all	8612
stages of a proceeding arising out of a complaint alleging the	8613
commission of a violation, offense of violence, or sexually	8614
oriented offense described in division (A)(1) of this section,	8615
including all proceedings on a motion for a temporary protection	8616
order, are critical stages of the case, and a victim may be	8617
accompanied by a victim advocate or another person to provide	8618
support to the victim as provided in that section.	8619

(B) The motion shall be prepared on a form that is provided	8620
by the clerk of the court, which form shall be substantially as	8621
follows:	8622

"MOTION FOR TEMPORARY PROTECTION ORDER	8623

.......................... Court	8624

Name and address of court	8625

State of Ohio	8626

No. ..........

8627

.................	8628

Name of Defendant	8629

(name of person), moves the court to issue a temporary protection	8630
order containing terms designed to ensure the safety and	8631
protection of the complainant, alleged victim, and other family or	8632
household members, in relation to the named defendant, pursuant to	8633
its authority to issue such an order under section 2919.26 of the	8634
Revised Code.	8635

A complaint, a copy of which has been attached to this	8636
motion, has been filed in this court charging the named defendant	8637
with .......................... (name of the specified violation,	8638
the offense of violence, or sexually oriented offense charged) in	8639
circumstances in which the victim was a family or household member	8640
in violation of (section of the Revised Code designating the	8641
specified violation, offense of violence, or sexually oriented	8642
offense charged), or charging the named defendant with a violation	8643
of a municipal ordinance or township resolution that is	8644
substantially similar to ........................ (section of the	8645
Revised Code designating the specified violation, offense of	8646
violence, or sexually oriented offense charged) involving a family	8647
or household member.	8648

I understand that I must appear before the court, at a time	8649
set by the court within twenty-four hours after the filing of this	8650
motion, for a hearing on the motion or that, if I am unable to	8651
appear because of hospitalization or a medical condition resulting	8652
from the offense alleged in the complaint, a person who can	8653
provide information about my need for a temporary protection order	8654
must appear before the court in lieu of my appearing in court. I	8655
understand that any temporary protection order granted pursuant to	8656
this motion is a pretrial condition of release and is effective	8657
only until the disposition of the criminal proceeding arising out	8658
of the attached complaint, or the issuance of a civil protection	8659
order or the approval of a consent agreement, arising out of the	8660
same activities as those that were the basis of the complaint,	8661
under section 3113.31 of the Revised Code.	8662

..........................................	8663

Signature of person	8664

(or signature of the arresting officer who filed the motion on	8665
behalf of the alleged victim)	8666

..........................................	8667

Address of person (or office address of the arresting officer who	8668
filed the motion on behalf of the alleged victim)"	8669

(C)(1) As soon as possible after the filing of a motion that	8670
requests the issuance of a temporary protection order, but not	8671
later than twenty-four hours after the filing of the motion, the	8672
court shall conduct a hearing to determine whether to issue the	8673
order. The person who requested the order shall appear before the	8674
court and provide the court with the information that it requests	8675
concerning the basis of the motion. If the person who requested	8676
the order is unable to appear and if the court finds that the	8677
failure to appear is because of the person's hospitalization or	8678
medical condition resulting from the offense alleged in the	8679
complaint, another person who is able to provide the court with	8680
the information it requests may appear in lieu of the person who	8681
requested the order. If the court finds that the safety and	8682
protection of the complainant, alleged victim, or any other family	8683
or household member of the alleged victim may be impaired by the	8684
continued presence of the alleged offender, the court may issue a	8685
temporary protection order, as a pretrial condition of release,	8686
that contains terms designed to ensure the safety and protection	8687
of the complainant, alleged victim, or the family or household	8688
member, including a requirement that the alleged offender refrain	8689
from entering the residence, school, business, or place of	8690
employment of the complainant, alleged victim, or the family or	8691
household member.	8692

(2)(a) If the court issues a temporary protection order that	8693
includes a requirement that the alleged offender refrain from	8694
entering the residence, school, business, or place of employment	8695
of the complainant, the alleged victim, or the family or household	8696
member, the order shall state clearly that the order cannot be	8697
waived or nullified by an invitation to the alleged offender from	8698
the complainant, alleged victim, or family or household member to	8699
enter the residence, school, business, or place of employment or	8700
by the alleged offender's entry into one of those places otherwise	8701
upon the consent of the complainant, alleged victim, or family or	8702
household member.	8703

(b) Division (C)(2)(a) of this section does not limit any	8704
discretion of a court to determine that an alleged offender	8705
charged with a violation of section 2919.27 of the Revised Code,	8706
with a violation of a municipal ordinance or township resolution	8707
substantially equivalent to that section, or with contempt of	8708
court, which charge is based on an alleged violation of a	8709
temporary protection order issued under this section, did not	8710
commit the violation or was not in contempt of court.	8711

(D)(1) Upon the filing of a complaint that alleges a	8712
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the	8713
Revised Code if the alleged victim of the violation was a family	8714
or household member at the time of the violation, a violation of a	8715
municipal ordinance or township resolution that is substantially	8716
similar to any of those sections if the alleged victim of the	8717
violation was a family or household member at the time of the	8718
violation, any offense of violence if the alleged victim of the	8719
offense was a family or household member at the time of the	8720
commission of the offense, or any sexually oriented offense if the	8721
alleged victim of the offense was a family or household member at	8722
the time of the commission of the offense, the court, upon its own	8723
motion, may issue a temporary protection order as a pretrial	8724
condition of release if it finds that the safety and protection of	8725
the complainant, alleged victim, or other family or household	8726
member of the alleged offender may be impaired by the continued	8727
presence of the alleged offender.	8728

(2) If the court issues a temporary protection order under	8729
this section as an ex parte order, it shall conduct, as soon as	8730
possible after the issuance of the order, a hearing in the	8731
presence of the alleged offender not later than the next day on	8732
which the court is scheduled to conduct business after the day on	8733
which the alleged offender was arrested or at the time of the	8734
appearance of the alleged offender pursuant to summons to	8735
determine whether the order should remain in effect, be modified,	8736
or be revoked. The hearing shall be conducted under the standards	8737
set forth in division (C) of this section.	8738

(3) An order issued under this section shall contain only	8739
those terms authorized in orders issued under division (C) of this	8740
section.	8741

(4) If a municipal court or a county court issues a temporary	8742
protection order under this section and if, subsequent to the	8743
issuance of the order, the alleged offender who is the subject of	8744
the order is bound over to the court of common pleas for	8745
prosecution of a felony arising out of the same activities as	8746
those that were the basis of the complaint upon which the order is	8747
based, notwithstanding the fact that the order was issued by a	8748
municipal court or county court, the order shall remain in effect,	8749
as though it were an order of the court of common pleas, while the	8750
charges against the alleged offender are pending in the court of	8751
common pleas, for the period of time described in division (E)(2)	8752
of this section, and the court of common pleas has exclusive	8753
jurisdiction to modify the order issued by the municipal court or	8754
county court. This division applies when the alleged offender is	8755
bound over to the court of common pleas as a result of the person	8756
waiving a preliminary hearing on the felony charge, as a result of	8757
the municipal court or county court having determined at a	8758
preliminary hearing that there is probable cause to believe that	8759
the felony has been committed and that the alleged offender	8760
committed it, as a result of the alleged offender having been	8761
indicted for the felony, or in any other manner.	8762

(E) A temporary protection order that is issued as a pretrial	8763
condition of release under this section:	8764

(1) Is in addition to, but shall not be construed as a part	8765
of, any bail set under Criminal Rule 46;	8766

(2) Is effective only until the occurrence of either of the	8767
following:	8768

(a) The disposition, by the court that issued the order or,	8769
in the circumstances described in division (D)(4) of this section,	8770
by the court of common pleas to which the alleged offender is	8771
bound over for prosecution, of the criminal proceeding arising out	8772
of the complaint upon which the order is based;	8773

(b) The issuance of a protection order or the approval of a	8774
consent agreement, arising out of the same activities as those	8775
that were the basis of the complaint upon which the order is	8776
based, under section 3113.31 of the Revised Code;	8777

(3) Shall not be construed as a finding that the alleged	8778
offender committed the alleged offense, and shall not be	8779
introduced as evidence of the commission of the offense at the	8780
trial of the alleged offender on the complaint upon which the	8781
order is based.	8782

(F) A person who meets the criteria for bail under Criminal	8783
Rule 46 and who, if required to do so pursuant to that rule,	8784
executes or posts bond or deposits cash or securities as bail,	8785
shall not be held in custody pending a hearing before the court on	8786
a motion requesting a temporary protection order.	8787

(G)(1) A copy of any temporary protection order that is	8788
issued under this section shall be issued by the court to the	8789
complainant, to the alleged victim, to the person who requested	8790
the order, to the defendant, and to all law enforcement agencies	8791
that have jurisdiction to enforce the order. The court shall	8792
direct that a copy of the order be delivered to the defendant on	8793
the same day that the order is entered. If a municipal court or a	8794
county court issues a temporary protection order under this	8795
section and if, subsequent to the issuance of the order, the	8796
defendant who is the subject of the order is bound over to the	8797
court of common pleas for prosecution as described in division	8798
(D)(4) of this section, the municipal court or county court shall	8799
direct that a copy of the order be delivered to the court of	8800
common pleas to which the defendant is bound over.	8801

(2) All law enforcement agencies shall establish and maintain	8802
an index for the temporary protection orders delivered to the	8803
agencies pursuant to division (G)(1) of this section. With	8804
respect to each order delivered, each agency shall note on the	8805
index, the date and time of the receipt of the order by the	8806
agency.	8807

(3) A complainant, alleged victim, or other person who	8808
obtains a temporary protection order under this section may	8809
provide notice of the issuance of the temporary protection order	8810
to the judicial and law enforcement officials in any county other	8811
than the county in which the order is issued by registering that	8812
order in the other county in accordance with division (N) of	8813
section 3113.31 of the Revised Code and filing a copy of the	8814
registered protection order with a law enforcement agency in the	8815
other county in accordance with that division.	8816

(4) Any officer of a law enforcement agency shall enforce a	8817
temporary protection order issued by any court in this state in	8818
accordance with the provisions of the order, including removing	8819
the defendant from the premises, regardless of whether the order	8820
is registered in the county in which the officer's agency has	8821
jurisdiction as authorized by division (G)(3) of this section.	8822

(H) Upon a violation of a temporary protection order, the	8823
court may issue another temporary protection order, as a pretrial	8824
condition of release, that modifies the terms of the order that	8825
was violated.	8826

(I)(1) As used in divisions (I)(1) and (2) of this section,	8827
"defendant" means a person who is alleged in a complaint to have	8828
committed a violation, offense of violence, or sexually oriented	8829
offense of the type described in division (A) of this section.	8830

(2) If a complaint is filed that alleges that a person	8831
committed a violation, offense of violence, or sexually oriented	8832
offense of the type described in division (A) of this section, the	8833
court may not issue a temporary protection order under this	8834
section that requires the complainant, the alleged victim, or	8835
another family or household member of the defendant to do or	8836
refrain from doing an act that the court may require the defendant	8837
to do or refrain from doing under a temporary protection order	8838
unless both of the following apply:	8839

(a) The defendant has filed a separate complaint that alleges	8840
that the complainant, alleged victim, or other family or household	8841
member in question who would be required under the order to do or	8842
refrain from doing the act committed a violation or offense of	8843
violence of the type described in division (A) of this section.	8844

(b) The court determines that both the complainant, alleged	8845
victim, or other family or household member in question who would	8846
be required under the order to do or refrain from doing the act	8847
and the defendant acted primarily as aggressors, that neither the	8848
complainant, alleged victim, or other family or household member	8849
in question who would be required under the order to do or refrain	8850
from doing the act nor the defendant acted primarily in	8851
self-defense, and, in accordance with the standards and criteria	8852
of this section as applied in relation to the separate complaint	8853
filed by the defendant, that it should issue the order to require	8854
the complainant, alleged victim, or other family or household	8855
member in question to do or refrain from doing the act.	8856

(J) Notwithstanding any provision of law to the contrary and	8857
regardless of whether a protection order is issued or a consent	8858
agreement is approved by a court of another county or a court of	8859
another state, no court or unit of state or local government shall	8860
charge any fee, cost, deposit, or money in connection with the	8861
filing of a motion pursuant to this section, in connection with	8862
the filing, issuance, registration, or service of a protection	8863
order or consent agreement, or for obtaining a certified copy of a	8864
protection order or consent agreement.	8865

(K) As used in this section:

8866

(1) "Sexually oriented offense" has the same meaning as in	8867
section 2950.01 of the Revised Code.	8868

(2) "Victim advocate" means a person who provides support and	8869
assistance for a victim of an offense during court proceedings.	8870

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	8871
violation of section 2919.27 of the Revised Code or of a municipal	8872
ordinance or township resolution that is substantially similar to	8873
that section, the court may order an evaluation of the mental	8874
condition of the defendant if the court determines that either of	8875
the following criteria apply:	8876

(i) If the alleged violation is a violation of a protection	8877
order issued or consent agreement approved pursuant to section	8878
2919.26 or 3113.31 of the Revised Code, that the violation	8879
allegedly involves conduct by the defendant that caused physical	8880
harm to the person or property of a family or household member	8881
covered by the order or agreement, or conduct by the defendant	8882
that caused a family or household member to believe that the	8883
defendant would cause physical harm to that member or that	8884
member's property.	8885

(ii) If the alleged violation is a violation of a protection	8886
order issued pursuant to section 2903.213 or 2903.214 of the	8887
Revised Code or a protection order issued by a court of another	8888
state, that the violation allegedly involves conduct by the	8889
defendant that caused physical harm to the person or property of	8890
the person covered by the order, or conduct by the defendant that	8891
caused the person covered by the order to believe that the	8892
defendant would cause physical harm to that person or that	8893
person's property.	8894

(b) If a defendant is charged with a violation of section	8895
2903.211 of the Revised Code or of a municipal ordinance or	8896
township resolution that is substantially similar to that section,	8897
the court may order an evaluation of the mental condition of the	8898
defendant.	8899

(2) An evaluation ordered under division (A)(1) of this	8900
section shall be completed no later than thirty days from the date	8901
the order is entered pursuant to that division. In that order, the	8902
court shall do either of the following:	8903

(a) Order that the evaluation of the mental condition of the	8904
defendant be preceded by an examination conducted either by a	8905
forensic center that is designated by the department of mental	8906
health to conduct examinations and make evaluations of defendants	8907
charged with violations of section 2903.211 or 2919.27 of the	8908
Revised Code or of substantially similar municipal ordinances or	8909
township resolutions in the area in which the court is located, or	8910
by any other program or facility that is designated by the	8911
department of mental health or the department of mental	8912
retardation and developmental disabilities to conduct examinations	8913
and make evaluations of defendants charged with violations of	8914
section 2903.211 or 2919.27 of the Revised Code or of	8915
substantially similar municipal ordinances or township	8916
resolutions, and that is operated by either department or is	8917
certified by either department as being in compliance with the	8918
standards established under division (I) of section 5119.01 of the	8919
Revised Code or division (C) of section 5123.04 of the Revised	8920
Code.	8921

(b) Designate a center, program, or facility other than one	8922
designated by the department of mental health or the department of	8923
mental retardation and developmental disabilities, as described in	8924
division (A)(2)(a) of this section, to conduct the evaluation and	8925
preceding examination of the mental condition of the defendant.	8926

Whether the court acts pursuant to division (A)(2)(a) or (b)	8927
of this section, the court may designate examiners other than the	8928
personnel of the center, program, facility, or department involved	8929
to make the evaluation and preceding examination of the mental	8930
condition of the defendant.	8931

(B) If the court considers that additional evaluations of the	8932
mental condition of a defendant are necessary following the	8933
evaluation authorized by division (A) of this section, the court	8934
may order up to two additional similar evaluations. These	8935
evaluations shall be completed no later than thirty days from the	8936
date the applicable court order is entered. If more than one	8937
evaluation of the mental condition of the defendant is ordered	8938
under this division, the prosecutor and the defendant may	8939
recommend to the court an examiner whom each prefers to perform	8940
one of the evaluations and preceding examinations.	8941

(C)(1) The court may order a defendant who has been released	8942
on bail to submit to an examination under division (A) or (B) of	8943
this section. The examination shall be conducted either at the	8944
detention facility in which the defendant would have been confined	8945
if the defendant had not been released on bail, or, if so	8946
specified by the center, program, facility, or examiners involved,	8947
at the premises of the center, program, or facility. Additionally,	8948
the examination shall be conducted at the times established by the	8949
examiners involved. If such a defendant refuses to submit to an	8950
examination or a complete examination as required by the court or	8951
the center, program, facility, or examiners involved, the court	8952
may amend the conditions of the bail of the defendant and order	8953
the sheriff to take the defendant into custody and deliver the	8954
defendant to the detention facility in which the defendant would	8955
have been confined if the defendant had not been released on bail,	8956
or, if so specified by the center, program, facility, or examiners	8957
involved, to the premises of the center, program, or facility, for	8958
purposes of the examination.	8959

(2) A defendant who has not been released on bail shall be	8960
examined at the detention facility in which the defendant is	8961
confined or, if so specified by the center, program, facility, or	8962
examiners involved, at the premises of the center, program, or	8963
facility.	8964

(D) The examiner of the mental condition of a defendant under	8965
division (A) or (B) of this section shall file a written report	8966
with the court within thirty days after the entry of an order for	8967
the evaluation of the mental condition of the defendant. The	8968
report shall contain the findings of the examiner; the facts in	8969
reasonable detail on which the findings are based; the opinion of	8970
the examiner as to the mental condition of the defendant; the	8971
opinion of the examiner as to whether the defendant represents a	8972
substantial risk of physical harm to other persons as manifested	8973
by evidence of recent homicidal or other violent behavior,	8974
evidence of recent threats that placed other persons in reasonable	8975
fear of violent behavior and serious physical harm, or evidence of	8976
present dangerousness; and the opinion of the examiner as to the	8977
types of treatment or counseling that the defendant needs. The	8978
court shall provide copies of the report to the prosecutor and	8979
defense counsel.	8980

(E) The costs of any evaluation and preceding examination of	8981
a defendant that is ordered pursuant to division (A) or (B) of	8982
this section shall be taxed as court costs in the criminal case.	8983

(F) If the examiner considers it necessary in order to make	8984
an accurate evaluation of the mental condition of a defendant, an	8985
examiner under division (A) or (B) of this section may request any	8986
family or household member of the defendant to provide the	8987
examiner with information. A family or household member may, but	8988
is not required to, provide information to the examiner upon	8989
receipt of the request.	8990

(G) As used in this section:

8991

(1) "Bail" includes a recognizance.

8992

(2) "Examiner" means a psychiatrist, a licensed independent	8993
social worker who is employed by a forensic center that is	8994
certified as being in compliance with the standards established	8995
under division (I) of section 5119.01 or division (C) of section	8996
5123.04 of the Revised Code, a licensed professional clinical	8997
counselor who is employed at a forensic center that is certified	8998
as being in compliance with such standards, or a licensed clinical	8999
psychologist, except that in order to be an examiner, a licensed	9000
clinical psychologist shall meet the criteria of division (I)(1)	9001
of section 5122.01 of the Revised Code or be employed to conduct	9002
examinations by the department of mental health or by a forensic	9003
center certified as being in compliance with the standards	9004
established under division (I) of section 5119.01 or division (C)	9005
of section 5123.04 of the Revised Code that is designated by the	9006
department of mental health.	9007

(3) "Family or household member" has the same meaning as in	9008
section 2919.25 of the Revised Code.	9009

(4) "Prosecutor" has the same meaning as in section 2935.01	9010
of the Revised Code.	9011

(5) "Psychiatrist" and "licensed clinical psychologist" have	9012
the same meanings as in section 5122.01 of the Revised Code.	9013

(6) "Protection order issued by a court of another state" has	9014
the same meaning as in section 2919.27 of the Revised Code.	9015

Sec. 2921.25. (A) No judge ~~of a~~or community court ~~of record,~~	9016
~~or mayor presiding over a mayor's court,~~magistrate shall order a	9017
peace officer, parole officer, prosecuting attorney, assistant	9018
prosecuting attorney, correctional employee, or youth services	9019
employee who is a witness in a criminal case, to disclose the	9020
peace officer's, parole officer's, prosecuting attorney's,	9021
assistant prosecuting attorney's, correctional employee's, or	9022
youth services employee's home address during the peace officer's,	9023
parole officer's, prosecuting attorney's, assistant prosecuting	9024
attorney's, correctional employee's, or youth services employee's	9025
examination in the case, unless the judge or ~~mayor~~magistrate	9026
determines that the defendant has a right to the disclosure.	9027

(B) As used in this section:

9028

(1) "Peace officer" has the same meaning as in section	9029
2935.01 of the Revised Code.	9030

(2) "Correctional employee" and "youth services employee"	9031
have the same meanings as in section 149.43 of the Revised Code.	9032

Sec. 2921.51. (A) As used in this section:

9033

(1) "Peace officer" means a sheriff, deputy sheriff, marshal,	9034
deputy marshal, member of the organized police department of a	9035
municipal corporation, or township constable, who is employed by a	9036
political subdivision of this state, a member of a police force	9037
employed by a metropolitan housing authority under division (D) of	9038
section 3735.31 of the Revised Code, a member of a police force	9039
employed by a regional transit authority under division (Y) of	9040
section 306.35 of the Revised Code, a state university law	9041
enforcement officer appointed under section 3345.04 of the Revised	9042
Code, a veterans' home police officer appointed under section	9043
5907.02 of the Revised Code, a special police officer employed by	9044
a port authority under section 4582.04 or 4582.28 of the Revised	9045
Code, or a state highway patrol trooper and whose primary duties	9046
are to preserve the peace, to protect life and property, and to	9047
enforce the laws, ordinances, resolutions, or rules of the state	9048
or any of its political subdivisions.	9049

(2) "Private police officer" means any security guard,	9050
special police officer, private detective, or other person who is	9051
privately employed in a police capacity.	9052

(3) "Federal law enforcement officer" means an employee of	9053
the United States who serves in a position the duties of which are	9054
primarily the investigation, apprehension, or detention of	9055
individuals suspected or convicted of offenses under the criminal	9056
laws of the United States.	9057

(4) "Impersonate" means to act the part of, assume the	9058
identity of, wear the uniform or any part of the uniform of, or	9059
display the identification of a particular person or of a member	9060
of a class of persons with purpose to make another person believe	9061
that the actor is that particular person or is a member of that	9062
class of persons.	9063

(5) "Investigator of the bureau of criminal identification	9064
and investigation" has the same meaning as in section 2903.11 of	9065
the Revised Code.	9066

(B) No person shall impersonate a peace officer, private	9067
police officer, ~~or a~~ federal law enforcement officer, or	9068
investigator of the bureau of criminal identification and	9069
investigation.	9070

(C) No person, by impersonating a peace officer, private	9071
police officer, ~~or a~~ federal law enforcement officer, or	9072
investigator of the bureau of criminal identification and	9073
investigation, shall arrest or detain any person, search any	9074
person, or search the property of any person.	9075

(D) No person, with purpose to commit or facilitate the	9076
commission of an offense, shall impersonate a peace officer,	9077
private police officer, a federal law enforcement officer,	9078
officer, agent, or employee of the state, or investigator of the	9079
bureau of criminal identification and investigation.	9080

(E) No person shall commit a felony while impersonating a	9081
peace officer, private police officer, a federal law enforcement	9082
officer, officer, agent, or employee of the state, or	9083
investigator of the bureau of criminal identification and	9084
investigation.	9085

(F) It is an affirmative defense to a charge under division	9086
(B) of this section that the impersonation of the peace officer,	9087
private police officer, or investigator of the bureau of criminal	9088
identification and investigation was for a lawful purpose.	9089

(G) Whoever violates division (B) of this section is guilty	9090
of a misdemeanor of the fourth degree. Whoever violates division	9091
(C) or (D) of this section is guilty of a misdemeanor of the first	9092
degree. If the purpose of a violation of division (D) of this	9093
section is to commit or facilitate the commission of a felony, a	9094
violation of division (D) is a felony of the fourth degree.	9095
Whoever violates division (E) of this section is guilty of a	9096
felony of the third degree.	9097

Sec. 2921.52. (A) As used in this section:

9098

(1) "Lawfully issued" means adopted, issued, or rendered in	9099
accordance with the United States constitution, the constitution	9100
of a state, and the applicable statutes, rules, regulations,	9101
resolutions, and ordinances of the United States, a state, and the	9102
political subdivisions of a state.	9103

(2) "State" means a state of the United States, including	9104
without limitation, the state legislature, the highest court of	9105
the state that has statewide jurisdiction, the offices of all	9106
elected state officers, and all departments, boards, offices,	9107
commissions, agencies, institutions, and other instrumentalities	9108
of the state. "State" does not include the political subdivisions	9109
of the state.	9110

(3) "Political subdivisions" means municipal corporations,	9111
townships, counties, school districts, and all other bodies	9112
corporate and politic that are organized under state law and are	9113
responsible for governmental activities only in geographical areas	9114
smaller than that of a state.	9115

(4) "Sham legal process" means an instrument that meets all	9116
of the following conditions:	9117

(a) It is not lawfully issued.

9118

(b) It purports to do any of the following:

9119

(i) To be a summons, subpoena, judgment, or order of a court,	9120
a law enforcement officer, or a legislative, executive, or	9121
administrative body.	9122

(ii) To assert jurisdiction over or determine the legal or	9123
equitable status, rights, duties, powers, or privileges of any	9124
person or property.	9125

(iii) To require or authorize the search, seizure,	9126
indictment, arrest, trial, or sentencing of any person or	9127
property.	9128

(c) It is designed to make another person believe that it is	9129
lawfully issued.	9130

(B) No person shall, knowing the sham legal process to be	9131
sham legal process, do any of the following:	9132

(1) Knowingly issue, display, deliver, distribute, or	9133
otherwise use sham legal process;	9134

(2) Knowingly use sham legal process to arrest, detain,	9135
search, or seize any person or the property of another person;	9136

(3) Knowingly commit or facilitate the commission of an	9137
offense, using sham legal process;	9138

(4) Knowingly commit a felony by using sham legal process.

9139

(C) It is an affirmative defense to a charge under division	9140
(B)(1) or (2) of this section that the use of sham legal process	9141
was for a lawful purpose.	9142

(D) Whoever violates this section is guilty of using sham	9143
legal process. A violation of division (B)(1) of this section is a	9144
misdemeanor of the fourth degree. A violation of division (B)(2)	9145
or (3) of this section is a misdemeanor of the first degree,	9146
except that, if the purpose of a violation of division (B)(3) of	9147
this section is to commit or facilitate the commission of a	9148
felony, a violation of division (B)(3) of this section is a felony	9149
of the fourth degree. A violation of division (B)(4) of this	9150
section is a felony of the third degree.	9151

(E) A person who violates this section is liable in a civil	9152
action to any person harmed by the violation for injury, death, or	9153
loss to person or property incurred as a result of the commission	9154
of the offense and for reasonable attorney's fees, court costs,	9155
and other expenses incurred as a result of prosecuting the civil	9156
action commenced under this division. A civil action under this	9157
division is not the exclusive remedy of a person who incurs	9158
injury, death, or loss to person or property as a result of a	9159
violation of this section.	9160

Sec. 2929.142. Notwithstanding the definite prison term	9161
specified in division (A) of section 2929.14 of the Revised Code	9162
for a felony of the first degree, if an offender is convicted of	9163
or pleads guilty to aggravated vehicular homicide in violation of	9164
division (A)(1) of section 2903.06 of the Revised Code, the court	9165
shall impose upon the offender a mandatory prison term of ten,	9166
eleven, twelve, thirteen, fourteen, or fifteen years if any of the	9167
following apply:	9168

(A) The offender previously has been convicted of or pleaded	9169
guilty to three or more prior violations of section 4511.19 of the	9170
Revised Code or of a substantially equivalent municipal ordinance	9171
or township resolution within the previous six years.	9172

(B) The offender previously has been convicted of or pleaded	9173
guilty to three or more prior violations of division (A) of	9174
section 1547.11 of the Revised Code or of a substantially	9175
equivalent municipal ordinance within the previous six years.	9176

(C) The offender previously has been convicted of or pleaded	9177
guilty to three or more prior violations of division (A)(3) of	9178
section 4561.15 of the Revised Code or of a substantially	9179
equivalent municipal ordinance or township resolution within the	9180
previous six years.	9181

(D) The offender previously has been convicted of or pleaded	9182
guilty to three or more prior violations of division (A)(1) of	9183
section 2903.06 of the Revised Code.	9184

(E) The offender previously has been convicted of or pleaded	9185
guilty to three or more prior violations of division (A)(1) of	9186
section 2903.08 of the Revised Code.	9187

(F) The offender previously has been convicted of or pleaded	9188
guilty to three or more prior violations of section 2903.04 of the	9189
Revised Code in circumstances in which division (D) of that	9190
section applied regarding the violations.	9191

(G) The offender previously has been convicted of or pleaded	9192
guilty to three or more violations of any combination of the	9193
offenses listed in division (A), (B), (C), (D), (E), or (F) of	9194
this section.	9195

(H) The offender previously has been convicted of or pleaded	9196
guilty to a second or subsequent felony violation of division (A)	9197
of section 4511.19 of the Revised Code.	9198

Sec. 2929.21. (A) A court that sentences an offender for a	9199
misdemeanor or minor misdemeanor violation of any provision of the	9200
Revised Code, or of any municipal ordinance or township resolution	9201
that is substantially similar to a misdemeanor or minor	9202
misdemeanor violation of a provision of the Revised Code, shall be	9203
guided by the overriding purposes of misdemeanor sentencing. The	9204
overriding purposes of misdemeanor sentencing are to protect the	9205
public from future crime by the offender and others and to punish	9206
the offender. To achieve those purposes, the sentencing court	9207
shall consider the impact of the offense upon the victim and the	9208
need for changing the offender's behavior, rehabilitating the	9209
offender, and making restitution to the victim of the offense, the	9210
public, or the victim and the public.	9211

(B) A sentence imposed for a misdemeanor or minor misdemeanor	9212
violation of a Revised Code provision or for a violation of a	9213
municipal ordinance that is subject to division (A) of this	9214
section shall be reasonably calculated to achieve the two	9215
overriding purposes of misdemeanor sentencing set forth in	9216
division (A) of this section, commensurate with and not demeaning	9217
to the seriousness of the offender's conduct and its impact upon	9218
the victim, and consistent with sentences imposed for similar	9219
offenses committed by similar offenders.	9220

(C) A court that imposes a sentence upon an offender for a	9221
misdemeanor or minor misdemeanor violation of a Revised Code	9222
provision or for a violation of a municipal ordinance that is	9223
subject to division (A) of this section shall not base the	9224
sentence upon the race, ethnic background, gender, or religion of	9225
the offender.	9226

(D) Divisions (A) and (B) of this section shall not apply to	9227
any offense that is disposed of by a traffic violations bureau of	9228
any court pursuant to Traffic Rule 13 and shall not apply to any	9229
violation of any provision of the Revised Code that is a minor	9230
misdemeanor and that is disposed of without a court appearance.	9231
Divisions (A) to (C) of this section do not affect any penalties	9232
established by a municipal corporation for a violation of its	9233
ordinances.	9234

Sec. 2930.01. As used in this chapter:

9235

(A) "Crime" means any of the following:

9236

(1) A felony;

9237

(2) A violation of section 2903.05, 2903.06, 2903.13,	9238
2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the	9239
Revised Code, a violation of section 2903.07 of the Revised Code	9240
as it existed prior to March 23, 2000, or a violation of a	9241
substantially equivalent municipal ordinance or township	9242
resolution;	9243

(3) A violation of division (A) or (B) of section 4511.19,	9244
division (A) or (B) of section 1547.11, or division (A)(3) of	9245
section 4561.15 of the Revised Code or of a municipal ordinance or	9246
township resolution substantially similar to any of those	9247
divisions that is the proximate cause of a vehicle, streetcar,	9248
trackless trolley, aquatic device, or aircraft accident in which	9249
the victim receives injuries for which the victim receives medical	9250
treatment either at the scene of the accident by emergency medical	9251
services personnel or at a hospital, ambulatory care facility,	9252
physician's office, specialist's office, or other medical care	9253
facility.	9254

(4) A motor vehicle accident to which both of the following	9255
apply:	9256

(a) The motor vehicle accident is caused by a violation of a	9257
provision of the Revised Code that is a misdemeanor of the first	9258
degree or higher.	9259

(b) As a result of the motor vehicle accident, the victim	9260
receives injuries for which the victim receives medical treatment	9261
either at the scene of the accident by emergency medical services	9262
personnel or at a hospital, ambulatory care facility, physician's	9263
office, specialist's office, or other medical care facility.	9264

(B) "Custodial agency" means one of the following:

9265

(1) The entity that has custody of a defendant or an alleged	9266
juvenile offender who is incarcerated for a crime, is under	9267
detention for the commission of a specified delinquent act, or who	9268
is detained after a finding of incompetence to stand trial or not	9269
guilty by reason of insanity relative to a crime, including any of	9270
the following:	9271

(a) The department of rehabilitation and correction or the	9272
adult parole authority;	9273

(b) A county sheriff;

9274

(c) The entity that administers a jail, as defined in section	9275
2929.01 of the Revised Code;	9276

(d) The entity that administers a community-based	9277
correctional facility and program or a district community-based	9278
correctional facility and program;	9279

(e) The department of mental health or other entity to which	9280
a defendant found incompetent to stand trial or not guilty by	9281
reason of insanity is committed.	9282

(2) The entity that has custody of an alleged juvenile	9283
offender pursuant to an order of disposition of a juvenile court,	9284
including the department of youth services or a school, camp,	9285
institution, or other facility operated for the care of delinquent	9286
children.	9287

(C) "Defendant" means a person who is alleged to be the	9288
perpetrator of a crime in a police report or in a complaint,	9289
indictment, or information that charges the commission of a crime	9290
and that provides the basis for the criminal prosecution and	9291
subsequent proceedings to which this chapter makes reference.	9292

(D) "Member of the victim's family" means a spouse, child,	9293
stepchild, sibling, parent, stepparent, grandparent, or other	9294
relative of a victim but does not include a person who is charged	9295
with, convicted of, or adjudicated to be a delinquent child for	9296
the crime or specified delinquent act against the victim or	9297
another crime or specified delinquent act arising from the same	9298
conduct, criminal episode, or plan.	9299

(E) "Prosecutor" means one of the following:

9300

(1) With respect to a criminal case, it has the same meaning	9301
as in section 2935.01 of the Revised Code and also includes the	9302
attorney general and, when appropriate, the employees of any	9303
person listed in section 2935.01 of the Revised Code or of the	9304
attorney general.	9305

(2) With respect to a delinquency proceeding, it includes any	9306
person listed in division (C) of section 2935.01 of the Revised	9307
Code or an employee of a person listed in that division who	9308
prosecutes a delinquency proceeding.	9309

(F) "Public agency" means an office, agency, department,	9310
bureau, or other governmental entity of the state or of a	9311
political subdivision of the state.	9312

(G) "Public official" has the same meaning as in section	9313
2921.01 of the Revised Code.	9314

(H) "Victim" means either of the following:

9315

(1) A person who is identified as the victim of a crime or	9316
specified delinquent act in a police report or in a complaint,	9317
indictment, or information that charges the commission of a crime	9318
and that provides the basis for the criminal prosecution or	9319
delinquency proceeding and subsequent proceedings to which this	9320
chapter makes reference.	9321

(2) A person who receives injuries as a result of a vehicle,	9322
streetcar, trackless trolley, aquatic device, or aircraft accident	9323
that is proximately caused by a violation described in division	9324
(A)(3) of this section or a motor vehicle accident that is	9325
proximately caused by a violation described in division (A)(4) of	9326
this section and who receives medical treatment as described in	9327
division (A)(3) or (4) of this section, whichever is applicable.	9328

(I) "Victim's representative" means a member of the victim's	9329
family or another person who pursuant to the authority of section	9330
2930.02 of the Revised Code exercises the rights of a victim under	9331
this chapter.	9332

(J) "Court" means a court of common pleas, juvenile court,	9333
municipal court, or county court.	9334

(K) "Delinquency proceeding" means all proceedings in a	9335
juvenile court that are related to a case in which a complaint has	9336
been filed alleging that a child is a delinquent child.	9337

(L) "Case" means a delinquency proceeding and all related	9338
activity or a criminal prosecution and all related activity.	9339

(M) The "defense" means the defense against criminal charges	9340
in a criminal prosecution or the defense against a delinquent	9341
child complaint in a delinquency proceeding.	9342

(N) The "prosecution" means the prosecution of criminal	9343
charges in a criminal prosecution or the prosecution of a	9344
delinquent child complaint in a delinquency proceeding.	9345

(O) "Specified delinquent act" means any of the following:

9346

(1) An act committed by a child that if committed by an adult	9347
would be a felony;	9348

(2) An act committed by a child that is a violation of a	9349
section listed in division (A)(1) or (2) of this section or is a	9350
violation of a substantially equivalent municipal ordinance or	9351
township resolution;	9352

(3) An act committed by a child that is described in division	9353
(A)(3) or (4) of this section.	9354

(P)(1) "Alleged juvenile offender" means a child who is	9355
alleged to have committed a specified delinquent act in a police	9356
report or in a complaint in juvenile court that charges the	9357
commission of a specified delinquent act and that provides the	9358
basis for the delinquency proceeding and all subsequent	9359
proceedings to which this chapter makes reference.	9360

(2) As used in divisions (O) and (P)(1) of this section,	9361
"child" has the same meaning as in section 2151.011 of the Revised	9362
Code.	9363

(Q) "Motor vehicle accident" means any accident involving a	9364
motor vehicle.	9365

(R) "Motor vehicle" has the same meaning as in section	9366
4509.01 of the Revised Code.	9367

(S) "Aircraft" has the same meaning as in section 4561.01 of	9368
the Revised Code.	9369

(T) "Aquatic device" means any vessel, or any water skis,	9370
aquaplane, or similar device.	9371

(U) "Vehicle," "streetcar," and "trackless trolley" have the	9372
same meanings as in section 4511.01 of the Revised Code.	9373

(V) "Vehicle, streetcar, trackless trolley, aquatic device,	9374
or aircraft accident" means any accident involving a vehicle,	9375
streetcar, trackless trolley, aquatic device, or aircraft.	9376

(W) "Vessel" has the same meaning as in section 1547.01 of	9377
the Revised Code.	9378

Sec. 2931.01. As used in Chapters 2931. to 2953. of the	9379
Revised Code:	9380

(A) "Magistrate" includes county court judges, ~~police~~	9381
~~justices, mayors of municipal corporation~~community court	9382
magistrates, and judges of other courts inferior to the court of	9383
common pleas.	9384

(B) "Judge" does not include the probate judge.

9385

9386

(D) "Clerk" does not include the clerk of the probate court.

9387

Sec. 2933.02. When a complaint is made in writing and upon	9388
oath, filed with a municipal or, county, or community court ~~or a~~	9389
~~mayor sitting as the judge of a mayor's court~~, and states that the	9390
complainant has just cause to fear and fears that another	9391
individual will commit an offense against the person or property	9392
of the complainant or ~~his~~the ward or child of the complainant, a	9393
municipal or county court judge or ~~mayor~~community court	9394
magistrate shall issue to the sheriff or to any other appropriate	9395
peace officer, as defined in section 2935.01 of the Revised Code,	9396
within the territorial jurisdiction of the court, a warrant in the	9397
name of the state that commands ~~him~~the sheriff or peace officer	9398
forthwith to arrest and take the individual complained of before	9399
the court to answer the complaint.	9400

Sec. 2933.03. Warrants issued under section 2933.02 of the	9401
Revised Code shall be substantially in the following form:	9402

The State of Ohio, .......... County, ss:	9403

To the sheriff or other appropriate peace officer, greeting:	9404

Whereas, a complaint has been filed by one C.D., in writing	9405
and upon oath, stating that hesuch individual has just cause to	9406
fear and does fear that one E.F. will (here state the threatened	9407
injury or violence according to the fact as sworn to).	9408

~~These~~You are therefore ~~to command you~~commanded to forthwith	9409
arrest E.F. and bring ~~him~~such individual before this court to	9410
show cause why hesuch individual should not ~~find surety~~post a	9411
cash or security bond with the court in a sum fixed by the judge	9412
to keep the peace and be of good behavior toward the citizens of	9413
the state generally, and C.D. especially, and for ~~his~~such	9414
individual's appearance before the proper court.	9415

Given under my hand, this ..... day of ....................

9416

		A.B., Judge, ............... County Court;		9417
		Judge, .................. Municipal Court;		9418
		~~Mayor~~ Magistrate, .................... ~~Mayor's~~ Community Court		9419

Sec. 2933.04. When the accused inis brought before the	9420
municipal, county, or ~~mayor's~~community court pursuant to sections	9421
2933.02 and 2933.03 of the Revised Code, hethe accused shall be	9422
heard in ~~his~~the accused's own defense. If it is necessary for	9423
just cause to adjourn the hearing, the municipal or county court	9424
judge or ~~mayor~~community court magistrate involved may order such	9425
adjournment. The judge or ~~mayor~~magistrate also may direct the	9426
sheriff or other peace officer having custody of the accused to	9427
detain ~~him~~the accused in the county jail or other appropriate	9428
detention facility until the cause of delay is removed, unless a	9429
bond in a sum fixed by the judge or ~~mayor but not to exceed five~~	9430
~~hundred dollars~~magistrate, with sufficient surety, is given by	9431
the accused. A delay shall not exceed two days.	9432

Sec. 2933.05. The municipal or county court judge or ~~mayor~~	9433
~~sitting as the judge of a mayor's court~~community court	9434
magistrate, upon the appearance of the parties pursuant to	9435
sections 2933.02 to 2933.04 of the Revised Code, shall hear the	9436
witnesses under oath and do one of the following:	9437

(A) Discharge the accused, render judgment against the	9438
complainant for costs, and award execution for the costs;	9439

(B) Order the accused to enter into a bond ~~of not less than~~	9440
~~fifty or more than five hundred dollars~~in a sum fixed by the	9441
judge or magistrate, with sufficient surety, to keep the peace	9442
and be of good behavior for such time as may be just, render	9443
judgment against ~~him~~the accused for costs, and award execution	9444
for the costs.	9445

In default of such bond, the judge or ~~mayor~~magistrate shall	9446
commit the accused to the county jail or other appropriate	9447
detention facility, until such order is complied with or hethe	9448
accused is discharged.	9449

Sec. 2933.06. The accused under sections 2933.02 to 2933.05	9450
of the Revised Code may appeal from the decision of a municipal or	9451
county court judge or community court magistrate to the	9452
appropriate court of appeals ~~or from the decision of a mayor~~	9453
~~sitting as the judge of a mayor's court to the appropriate~~	9454
~~municipal or county court~~. An appeal ~~from the decision of a~~	9455
~~municipal or county court judge to the appropriate court of~~	9456
~~appeals~~ shall be only as to questions of law and, to the extent	9457
~~that sections 2933.06 to 2933.09 of the Revised Code do~~this	9458
section does not contain relevant provisions, shall be made and	9459
proceed in accordance with the Rules of Appellate Procedure. An	9460
~~appeal from the decision of a mayor sitting as the judge of a~~	9461
~~mayor's court to the appropriate municipal or county court shall~~	9462
~~be as to questions of law and fact, and shall be made and proceed~~	9463
~~in accordance with sections 2933.06 to 2933.09 of the Revised~~	9464
~~Code.~~	9465

In connection with ~~either type of~~an appeal, the accused	9466
shall file with the clerk of the municipal, county, or ~~mayor's~~	9467
community court, within ten days after the decision is rendered,	9468
an appeal bond in a sum to be fixed by the judge or ~~mayor at not~~	9469
~~less than fifty or more than five hundred dollars~~magistrate,	9470
with surety to be approved by the judge or ~~mayor~~magistrate,	9471
conditioned that, pending the determination of the appeal, the	9472
accused will keep the peace and will be of good behavior generally	9473
and especially towards the person named in the complaint. Upon the	9474
filing of the appeal bond, the clerk of the municipal, county, or	9475
~~mayor's~~community court forthwith shall make a certified	9476
transcript of the proceedings in the action, the appeal bond to	9477
be included. Upon the payment by the appellant of the fee for the	9478
transcript, the clerk immediately shall file the transcript and	9479
all the original papers in the action in the office of the clerk	9480
of the appellate court.	9481

Sec. 2933.10. Whoever, in the presence of a municipal or	9482
county court judge, or ~~a mayor sitting as the judge of a mayor's~~	9483
~~court~~community court magistrate, makes an affray, threatens to	9484
beat or kill another or to commit an offense against the person or	9485
property of another, or contends with angry words to the	9486
disturbance of the peace, may be ordered without process or other	9487
proof to enter into a bond under section 2933.05 of the Revised	9488
Code. In default of such a bond, the person may be committed under	9489
that section.	9490

Sec. 2935.01. As used in this chapter:

9491

(A) "Magistrate" has the same meaning as in section 2931.01	9492
of the Revised Code.	9493

(B) "Peace officer" includes, except as provided in section	9494
2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal;	9495
deputy marshal; member of the organized police department of any	9496
municipal corporation, including a member of the organized police	9497
department of a municipal corporation in an adjoining state	9498
serving in Ohio under a contract pursuant to section 737.04 of the	9499
Revised Code; member of a police force employed by a metropolitan	9500
housing authority under division (D) of section 3735.31 of the	9501
Revised Code; member of a police force employed by a regional	9502
transit authority under division (Y) of section 306.05 of the	9503
Revised Code; state university law enforcement officer appointed	9504
under section 3345.04 of the Revised Code; enforcement agent of	9505
the department of public safety designated under section 5502.14	9506
of the Revised Code; employee of the department of taxation to	9507
whom investigation powers have been delegated under section	9508
5743.45 of the Revised Code; employee of the department of natural	9509
resources who is a natural resources law enforcement staff officer	9510
designated pursuant to section 1501.013 of the Revised Code, a	9511
forest officer designated pursuant to section 1503.29 of the	9512
Revised Code, a preserve officer designated pursuant to section	9513
1517.10 of the Revised Code, a wildlife officer designated	9514
pursuant to section 1531.13 of the Revised Code, a park officer	9515
designated pursuant to section 1541.10 of the Revised Code, or a	9516
state watercraft officer designated pursuant to section 1547.521	9517
of the Revised Code; individual designated to perform law	9518
enforcement duties under section 511.232, 1545.13, or 6101.75 of	9519
the Revised Code; veterans' home police officer appointed under	9520
section 5907.02 of the Revised Code; special police officer	9521
employed by a port authority under section 4582.04 or 4582.28 of	9522
the Revised Code; police constable of any township; police officer	9523
of a township or joint township police district; a special police	9524
officer employed by a municipal corporation at a municipal	9525
airport, or other municipal air navigation facility, that has	9526
scheduled operations, as defined in section 119.3 of Title 14 of	9527
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and	9528
that is required to be under a security program and is governed by	9529
aviation security rules of the transportation security	9530
administration of the United States department of transportation	9531
as provided in Parts 1542. and 1544. of Title 49 of the Code of	9532
Federal Regulations, as amended; the house of representatives	9533
sergeant at arms if the house of representatives sergeant at arms	9534
has arrest authority pursuant to division (E)(1) of section	9535
101.311 of the Revised Code; and an assistant house of	9536
representatives sergeant at arms; officer or employee of the	9537
bureau of criminal identification and investigation established	9538
pursuant to section 109.51 of the Revised Code who has been	9539
awarded a certificate by the executive director of the Ohio peace	9540
officer training commission attesting to the officer's or	9541
employee's satisfactory completion of an approved state, county,	9542
municipal, or department of natural resources peace officer basic	9543
training program and who is providing assistance upon request to a	9544
law enforcement officer or emergency assistance to a peace officer	9545
pursuant to section 109.54 or 109.541 of the Revised Code; and,	9546
for the purpose of arrests within those areas, for the purposes of	9547
Chapter 5503. of the Revised Code, and the filing of and service	9548
of process relating to those offenses witnessed or investigated by	9549
them, the superintendent and troopers of the state highway patrol.	9550

(C) "Prosecutor" includes the county prosecuting attorney and	9551
any assistant prosecutor designated to assist the county	9552
prosecuting attorney, and, in the case of courts inferior to	9553
courts of common pleas, includes the village solicitor, city	9554
director of law, or similar chief legal officer of a municipal	9555
corporation, any such officer's assistants, or any attorney	9556
designated by the prosecuting attorney of the county to appear for	9557
the prosecution of a given case.	9558

(D) "Offense," except where the context specifically	9559
indicates otherwise, includes felonies, misdemeanors, and	9560
violations of ordinances and resolutions of municipal	9561
corporations, townships, and other public bodies authorized by law	9562
to adopt penal regulations.	9563

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	9564
deputy marshal, municipal police officer, township constable,	9565
police officer of a township or joint township police district,	9566
member of a police force employed by a metropolitan housing	9567
authority under division (D) of section 3735.31 of the Revised	9568
Code, member of a police force employed by a regional transit	9569
authority under division (Y) of section 306.35 of the Revised	9570
Code, state university law enforcement officer appointed under	9571
section 3345.04 of the Revised Code, veterans' home police officer	9572
appointed under section 5907.02 of the Revised Code, special	9573
police officer employed by a port authority under section 4582.04	9574
or 4582.28 of the Revised Code, or a special police officer	9575
employed by a municipal corporation at a municipal airport, or	9576
other municipal air navigation facility, that has scheduled	9577
operations, as defined in section 119.3 of Title 14 of the Code of	9578
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	9579
required to be under a security program and is governed by	9580
aviation security rules of the transportation security	9581
administration of the United States department of transportation	9582
as provided in Parts 1542. and 1544. of Title 49 of the Code of	9583
Federal Regulations, as amended, shall arrest and detain, until a	9584
warrant can be obtained, a person found violating, within the	9585
limits of the political subdivision, metropolitan housing	9586
authority housing project, regional transit authority facilities	9587
or areas of a municipal corporation that have been agreed to by a	9588
regional transit authority and a municipal corporation located	9589
within its territorial jurisdiction, college, university,	9590
veterans' home operated under Chapter 5907. of the Revised Code,	9591
port authority, or municipal airport or other municipal air	9592
navigation facility, in which the peace officer is appointed,	9593
employed, or elected, a law of this state, an ordinance of a	9594
municipal corporation, or a resolution of a township.	9595

(2) A peace officer of the department of natural resources or	9596
an individual designated to perform law enforcement duties under	9597
section 511.232, 1545.13, or 6101.75 of the Revised Code shall	9598
arrest and detain, until a warrant can be obtained, a person found	9599
violating, within the limits of the peace officer's or	9600
individual's territorial jurisdiction, a law of this state.	9601

(3) The house sergeant at arms if the house sergeant at arms	9602
has arrest authority pursuant to division (E)(1) of section	9603
101.311 of the Revised Code and an assistant house sergeant at	9604
arms shall arrest and detain, until a warrant can be obtained, a	9605
person found violating, within the limits of the sergeant at	9606
arms's or assistant sergeant at arms's territorial jurisdiction	9607
specified in division (D)(1)(a) of section 101.311 of the Revised	9608
Code or while providing security pursuant to division (D)(1)(f) of	9609
section 101.311 of the Revised Code, a law of this state, an	9610
ordinance of a municipal corporation, or a resolution of a	9611
township.	9612

(B)(1) When there is reasonable ground to believe that an	9613
offense of violence, the offense of criminal child enticement as	9614
defined in section 2905.05 of the Revised Code, the offense of	9615
public indecency as defined in section 2907.09 of the Revised	9616
Code, the offense of domestic violence as defined in section	9617
2919.25 of the Revised Code, the offense of violating a protection	9618
order as defined in section 2919.27 of the Revised Code, the	9619
offense of menacing by stalking as defined in section 2903.211 of	9620
the Revised Code, the offense of aggravated trespass as defined in	9621
section 2911.211 of the Revised Code, a theft offense as defined	9622
in section 2913.01 of the Revised Code, or a felony drug abuse	9623
offense as defined in section 2925.01 of the Revised Code, has	9624
been committed within the limits of the political subdivision,	9625
metropolitan housing authority housing project, regional transit	9626
authority facilities or those areas of a municipal corporation	9627
that have been agreed to by a regional transit authority and a	9628
municipal corporation located within its territorial jurisdiction,	9629
college, university, veterans' home operated under Chapter 5907.	9630
of the Revised Code, port authority, or municipal airport or other	9631
municipal air navigation facility, in which the peace officer is	9632
appointed, employed, or elected or within the limits of the	9633
territorial jurisdiction of the peace officer, a peace officer	9634
described in division (A) of this section may arrest and detain	9635
until a warrant can be obtained any person who the peace officer	9636
has reasonable cause to believe is guilty of the violation.	9637

(2) For purposes of division (B)(1) of this section, the	9638
execution of any of the following constitutes reasonable ground to	9639
believe that the offense alleged in the statement was committed	9640
and reasonable cause to believe that the person alleged in the	9641
statement to have committed the offense is guilty of the	9642
violation:	9643

(a) A written statement by a person alleging that an alleged	9644
offender has committed the offense of menacing by stalking or	9645
aggravated trespass;	9646

(b) A written statement by the administrator of the	9647
interstate compact on mental health appointed under section	9648
5119.51 of the Revised Code alleging that a person who had been	9649
hospitalized, institutionalized, or confined in any facility under	9650
an order made pursuant to or under authority of section 2945.37,	9651
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	9652
Revised Code has escaped from the facility, from confinement in a	9653
vehicle for transportation to or from the facility, or from	9654
supervision by an employee of the facility that is incidental to	9655
hospitalization, institutionalization, or confinement in the	9656
facility and that occurs outside of the facility, in violation of	9657
section 2921.34 of the Revised Code;	9658

(c) A written statement by the administrator of any facility	9659
in which a person has been hospitalized, institutionalized, or	9660
confined under an order made pursuant to or under authority of	9661
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	9662
2945.402 of the Revised Code alleging that the person has escaped	9663
from the facility, from confinement in a vehicle for	9664
transportation to or from the facility, or from supervision by an	9665
employee of the facility that is incidental to hospitalization,	9666
institutionalization, or confinement in the facility and that	9667
occurs outside of the facility, in violation of section 2921.34 of	9668
the Revised Code.	9669

(3)(a) For purposes of division (B)(1) of this section, a	9670
peace officer described in division (A) of this section has	9671
reasonable grounds to believe that the offense of domestic	9672
violence or the offense of violating a protection order has been	9673
committed and reasonable cause to believe that a particular person	9674
is guilty of committing the offense if any of the following	9675
occurs:	9676

(i) A person executes a written statement alleging that the	9677
person in question has committed the offense of domestic violence	9678
or the offense of violating a protection order against the person	9679
who executes the statement or against a child of the person who	9680
executes the statement.	9681

(ii) No written statement of the type described in division	9682
(B)(3)(a)(i) of this section is executed, but the peace officer,	9683
based upon the peace officer's own knowledge and observation of	9684
the facts and circumstances of the alleged incident of the offense	9685
of domestic violence or the alleged incident of the offense of	9686
violating a protection order or based upon any other information,	9687
including, but not limited to, any reasonably trustworthy	9688
information given to the peace officer by the alleged victim of	9689
the alleged incident of the offense or any witness of the alleged	9690
incident of the offense, concludes that there are reasonable	9691
grounds to believe that the offense of domestic violence or the	9692
offense of violating a protection order has been committed and	9693
reasonable cause to believe that the person in question is guilty	9694
of committing the offense.	9695

(iii) No written statement of the type described in division	9696
(B)(3)(a)(i) of this section is executed, but the peace officer	9697
witnessed the person in question commit the offense of domestic	9698
violence or the offense of violating a protection order.	9699

(b) If pursuant to division (B)(3)(a) of this section a peace	9700
officer has reasonable grounds to believe that the offense of	9701
domestic violence or the offense of violating a protection order	9702
has been committed and reasonable cause to believe that a	9703
particular person is guilty of committing the offense, it is the	9704
preferred course of action in this state that the officer arrest	9705
and detain that person pursuant to division (B)(1) of this section	9706
until a warrant can be obtained.	9707

If pursuant to division (B)(3)(a) of this section a peace	9708
officer has reasonable grounds to believe that the offense of	9709
domestic violence or the offense of violating a protection order	9710
has been committed and reasonable cause to believe that family or	9711
household members have committed the offense against each other,	9712
it is the preferred course of action in this state that the	9713
officer, pursuant to division (B)(1) of this section, arrest and	9714
detain until a warrant can be obtained the family or household	9715
member who committed the offense and whom the officer has	9716
reasonable cause to believe is the primary physical aggressor.	9717
There is no preferred course of action in this state regarding any	9718
other family or household member who committed the offense and	9719
whom the officer does not have reasonable cause to believe is the	9720
primary physical aggressor, but, pursuant to division (B)(1) of	9721
this section, the peace officer may arrest and detain until a	9722
warrant can be obtained any other family or household member who	9723
committed the offense and whom the officer does not have	9724
reasonable cause to believe is the primary physical aggressor.	9725

(c) If a peace officer described in division (A) of this	9726
section does not arrest and detain a person whom the officer has	9727
reasonable cause to believe committed the offense of domestic	9728
violence or the offense of violating a protection order when it is	9729
the preferred course of action in this state pursuant to division	9730
(B)(3)(b) of this section that the officer arrest that person, the	9731
officer shall articulate in the written report of the incident	9732
required by section 2935.032 of the Revised Code a clear statement	9733
of the officer's reasons for not arresting and detaining that	9734
person until a warrant can be obtained.	9735

(d) In determining for purposes of division (B)(3)(b) of this	9736
section which family or household member is the primary physical	9737
aggressor in a situation in which family or household members have	9738
committed the offense of domestic violence or the offense of	9739
violating a protection order against each other, a peace officer	9740
described in division (A) of this section, in addition to any	9741
other relevant circumstances, should consider all of the	9742
following:	9743

(i) Any history of domestic violence or of any other violent	9744
acts by either person involved in the alleged offense that the	9745
officer reasonably can ascertain;	9746

(ii) If violence is alleged, whether the alleged violence was	9747
caused by a person acting in self-defense;	9748

(iii) Each person's fear of physical harm, if any, resulting	9749
from the other person's threatened use of force against any person	9750
or resulting from the other person's use or history of the use of	9751
force against any person, and the reasonableness of that fear;	9752

(iv) The comparative severity of any injuries suffered by the	9753
persons involved in the alleged offense.	9754

(e)(i) A peace officer described in division (A) of this	9755
section shall not require, as a prerequisite to arresting or	9756
charging a person who has committed the offense of domestic	9757
violence or the offense of violating a protection order, that the	9758
victim of the offense specifically consent to the filing of	9759
charges against the person who has committed the offense or sign a	9760
complaint against the person who has committed the offense.	9761

(ii) If a person is arrested for or charged with committing	9762
the offense of domestic violence or the offense of violating a	9763
protection order and if the victim of the offense does not	9764
cooperate with the involved law enforcement or prosecuting	9765
authorities in the prosecution of the offense or, subsequent to	9766
the arrest or the filing of the charges, informs the involved law	9767
enforcement or prosecuting authorities that the victim does not	9768
wish the prosecution of the offense to continue or wishes to drop	9769
charges against the alleged offender relative to the offense, the	9770
involved prosecuting authorities, in determining whether to	9771
continue with the prosecution of the offense or whether to dismiss	9772
charges against the alleged offender relative to the offense and	9773
notwithstanding the victim's failure to cooperate or the victim's	9774
wishes, shall consider all facts and circumstances that are	9775
relevant to the offense, including, but not limited to, the	9776
statements and observations of the peace officers who responded to	9777
the incident that resulted in the arrest or filing of the charges	9778
and of all witnesses to that incident.	9779

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	9780
this section whether to arrest a person pursuant to division	9781
(B)(1) of this section, a peace officer described in division (A)	9782
of this section shall not consider as a factor any possible	9783
shortage of cell space at the detention facility to which the	9784
person will be taken subsequent to the person's arrest or any	9785
possibility that the person's arrest might cause, contribute to,	9786
or exacerbate overcrowding at that detention facility or at any	9787
other detention facility.	9788

(g) If a peace officer described in division (A) of this	9789
section intends pursuant to divisions (B)(3)(a) to (g) of this	9790
section to arrest a person pursuant to division (B)(1) of this	9791
section and if the officer is unable to do so because the person	9792
is not present, the officer promptly shall seek a warrant for the	9793
arrest of the person.	9794

(h) If a peace officer described in division (A) of this	9795
section responds to a report of an alleged incident of the offense	9796
of domestic violence or an alleged incident of the offense of	9797
violating a protection order and if the circumstances of the	9798
incident involved the use or threatened use of a deadly weapon or	9799
any person involved in the incident brandished a deadly weapon	9800
during or in relation to the incident, the deadly weapon that was	9801
used, threatened to be used, or brandished constitutes contraband,	9802
and, to the extent possible, the officer shall seize the deadly	9803
weapon as contraband pursuant to Chapter 2981. of the Revised	9804
Code. Upon the seizure of a deadly weapon pursuant to division	9805
(B)(3)(h) of this section, section 2981.12 of the Revised Code	9806
shall apply regarding the treatment and disposition of the deadly	9807
weapon. For purposes of that section, the "underlying criminal	9808
offense" that was the basis of the seizure of a deadly weapon	9809
under division (B)(3)(h) of this section and to which the deadly	9810
weapon had a relationship is any of the following that is	9811
applicable:	9812

(i) The alleged incident of the offense of domestic violence	9813
or the alleged incident of the offense of violating a protection	9814
order to which the officer who seized the deadly weapon responded;	9815

(ii) Any offense that arose out of the same facts and	9816
circumstances as the report of the alleged incident of the offense	9817
of domestic violence or the alleged incident of the offense of	9818
violating a protection order to which the officer who seized the	9819
deadly weapon responded.	9820

(4) If, in the circumstances described in divisions (B)(3)(a)	9821
to (g) of this section, a peace officer described in division (A)	9822
of this section arrests and detains a person pursuant to division	9823
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	9824
this section, a peace officer described in division (A) of this	9825
section seizes a deadly weapon, the officer, to the extent	9826
described in and in accordance with section 9.86 or 2744.03 of the	9827
Revised Code, is immune in any civil action for damages for	9828
injury, death, or loss to person or property that arises from or	9829
is related to the arrest and detention or the seizure.	9830

(C) When there is reasonable ground to believe that a	9831
violation of division (A)(1), (2), (3), (4), or (5) of section	9832
4506.15 or a violation of section 4511.19 of the Revised Code has	9833
been committed by a person operating a motor vehicle subject to	9834
regulation by the public utilities commission of Ohio under Title	9835
XLIX of the Revised Code, a peace officer with authority to	9836
enforce that provision of law may stop or detain the person whom	9837
the officer has reasonable cause to believe was operating the	9838
motor vehicle in violation of the division or section and, after	9839
investigating the circumstances surrounding the operation of the	9840
vehicle, may arrest and detain the person.	9841

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	9842
municipal police officer, member of a police force employed by a	9843
metropolitan housing authority under division (D) of section	9844
3735.31 of the Revised Code, member of a police force employed by	9845
a regional transit authority under division (Y) of section 306.35	9846
of the Revised Code, special police officer employed by a port	9847
authority under section 4582.04 or 4582.28 of the Revised Code,	9848
special police officer employed by a municipal corporation at a	9849
municipal airport or other municipal air navigation facility	9850
described in division (A) of this section, township constable,	9851
police officer of a township or joint township police district,	9852
state university law enforcement officer appointed under section	9853
3345.04 of the Revised Code, peace officer of the department of	9854
natural resources, individual designated to perform law	9855
enforcement duties under section 511.232, 1545.13, or 6101.75 of	9856
the Revised Code, the house sergeant at arms if the house sergeant	9857
at arms has arrest authority pursuant to division (E)(1) of	9858
section 101.311 of the Revised Code, or an assistant house	9859
sergeant at arms is authorized by division (A) or (B) of this	9860
section to arrest and detain, within the limits of the political	9861
subdivision, metropolitan housing authority housing project,	9862
regional transit authority facilities or those areas of a	9863
municipal corporation that have been agreed to by a regional	9864
transit authority and a municipal corporation located within its	9865
territorial jurisdiction, port authority, municipal airport or	9866
other municipal air navigation facility, college, or university in	9867
which the officer is appointed, employed, or elected or within the	9868
limits of the territorial jurisdiction of the peace officer, a	9869
person until a warrant can be obtained, the peace officer, outside	9870
the limits of that territory, may pursue, arrest, and detain that	9871
person until a warrant can be obtained if all of the following	9872
apply:	9873

(1) The pursuit takes place without unreasonable delay after	9874
the offense is committed;	9875

(2) The pursuit is initiated within the limits of the	9876
political subdivision, metropolitan housing authority housing	9877
project, regional transit authority facilities or those areas of a	9878
municipal corporation that have been agreed to by a regional	9879
transit authority and a municipal corporation located within its	9880
territorial jurisdiction, port authority, municipal airport or	9881
other municipal air navigation facility, college, or university in	9882
which the peace officer is appointed, employed, or elected or	9883
within the limits of the territorial jurisdiction of the peace	9884
officer;	9885

(3) The offense involved is a felony, a misdemeanor of the	9886
first degree or a substantially equivalent municipal ordinance or	9887
township resolution, a misdemeanor of the second degree or a	9888
substantially equivalent municipal ordinance or township	9889
resolution, or any offense for which points are chargeable	9890
pursuant to section 4510.036 of the Revised Code.	9891

(E) In addition to the authority granted under division (A)	9892
or (B) of this section:	9893

(1) A sheriff or deputy sheriff may arrest and detain, until	9894
a warrant can be obtained, any person found violating section	9895
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	9896
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	9897
portion of any street or highway that is located immediately	9898
adjacent to the boundaries of the county in which the sheriff or	9899
deputy sheriff is elected or appointed.	9900

(2) A member of the police force of a township police	9901
district created under section 505.48 of the Revised Code, a	9902
member of the police force of a joint township police district	9903
created under section 505.481 of the Revised Code, or a township	9904
constable appointed in accordance with section 509.01 of the	9905
Revised Code, who has received a certificate from the Ohio peace	9906
officer training commission under section 109.75 of the Revised	9907
Code, may arrest and detain, until a warrant can be obtained, any	9908
person found violating any section or chapter of the Revised Code	9909
listed in division (E)(1) of this section, other than sections	9910
4513.33 and 4513.34 of the Revised Code, on the portion of any	9911
street or highway that is located immediately adjacent to the	9912
boundaries of the township police district or joint township	9913
police district, in the case of a member of a township police	9914
district or joint township police district police force, or the	9915
unincorporated territory of the township, in the case of a	9916
township constable. However, if the population of the township	9917
that created the township police district served by the member's	9918
police force, or the townships that created the joint township	9919
police district served by the member's police force, or the	9920
township that is served by the township constable, is sixty	9921
thousand or less, the member of the township police district or	9922
joint police district police force or the township constable may	9923
not make an arrest under division (E)(2) of this section on a	9924
state highway that is included as part of the interstate system.	9925

(3) A police officer or village marshal appointed, elected,	9926
or employed by a municipal corporation may arrest and detain,	9927
until a warrant can be obtained, any person found violating any	9928
section or chapter of the Revised Code listed in division (E)(1)	9929
of this section on the portion of any street or highway that is	9930
located immediately adjacent to the boundaries of the municipal	9931
corporation in which the police officer or village marshal is	9932
appointed, elected, or employed.	9933

(4) A peace officer of the department of natural resources or	9934
an individual designated to perform law enforcement duties under	9935
section 511.232, 1545.13, or 6101.75 of the Revised Code may	9936
arrest and detain, until a warrant can be obtained, any person	9937
found violating any section or chapter of the Revised Code listed	9938
in division (E)(1) of this section, other than sections 4513.33	9939
and 4513.34 of the Revised Code, on the portion of any street or	9940
highway that is located immediately adjacent to the boundaries of	9941
the lands and waters that constitute the territorial jurisdiction	9942
of the peace officer.	9943

(F)(1) A department of mental health special police officer	9944
or a department of mental retardation and developmental	9945
disabilities special police officer may arrest without a warrant	9946
and detain until a warrant can be obtained any person found	9947
committing on the premises of any institution under the	9948
jurisdiction of the particular department a misdemeanor under a	9949
law of the state.	9950

A department of mental health special police officer or a	9951
department of mental retardation and developmental disabilities	9952
special police officer may arrest without a warrant and detain	9953
until a warrant can be obtained any person who has been	9954
hospitalized, institutionalized, or confined in an institution	9955
under the jurisdiction of the particular department pursuant to or	9956
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	9957
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	9958
found committing on the premises of any institution under the	9959
jurisdiction of the particular department a violation of section	9960
2921.34 of the Revised Code that involves an escape from the	9961
premises of the institution.	9962

(2)(a) If a department of mental health special police	9963
officer or a department of mental retardation and developmental	9964
disabilities special police officer finds any person who has been	9965
hospitalized, institutionalized, or confined in an institution	9966
under the jurisdiction of the particular department pursuant to or	9967
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	9968
2945.40, 2945.401, or 2945.402 of the Revised Code committing a	9969
violation of section 2921.34 of the Revised Code that involves an	9970
escape from the premises of the institution, or if there is	9971
reasonable ground to believe that a violation of section 2921.34	9972
of the Revised Code has been committed that involves an escape	9973
from the premises of an institution under the jurisdiction of the	9974
department of mental health or the department of mental	9975
retardation and developmental disabilities and if a department of	9976
mental health special police officer or a department of mental	9977
retardation and developmental disabilities special police officer	9978
has reasonable cause to believe that a particular person who has	9979
been hospitalized, institutionalized, or confined in the	9980
institution pursuant to or under authority of section 2945.37,	9981
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	9982
Revised Code is guilty of the violation, the special police	9983
officer, outside of the premises of the institution, may pursue,	9984
arrest, and detain that person for that violation of section	9985
2921.34 of the Revised Code, until a warrant can be obtained, if	9986
both of the following apply:	9987

(i) The pursuit takes place without unreasonable delay after	9988
the offense is committed;	9989

(ii) The pursuit is initiated within the premises of the	9990
institution from which the violation of section 2921.34 of the	9991
Revised Code occurred.	9992

(b) For purposes of division (F)(2)(a) of this section, the	9993
execution of a written statement by the administrator of the	9994
institution in which a person had been hospitalized,	9995
institutionalized, or confined pursuant to or under authority of	9996
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	9997
2945.402 of the Revised Code alleging that the person has escaped	9998
from the premises of the institution in violation of section	9999
2921.34 of the Revised Code constitutes reasonable ground to	10000
believe that the violation was committed and reasonable cause to	10001
believe that the person alleged in the statement to have committed	10002
the offense is guilty of the violation.	10003

(G) As used in this section:

10004

(1) A "department of mental health special police officer"	10005
means a special police officer of the department of mental health	10006
designated under section 5119.14 of the Revised Code who is	10007
certified by the Ohio peace officer training commission under	10008
section 109.77 of the Revised Code as having successfully	10009
completed an approved peace officer basic training program.	10010

(2) A "department of mental retardation and developmental	10011
disabilities special police officer" means a special police	10012
officer of the department of mental retardation and developmental	10013
disabilities designated under section 5123.13 of the Revised Code	10014
who is certified by the Ohio peace officer training council under	10015
section 109.77 of the Revised Code as having successfully	10016
completed an approved peace officer basic training program.	10017

(3) "Deadly weapon" has the same meaning as in section	10018
2923.11 of the Revised Code.	10019

(4) "Family or household member" has the same meaning as in	10020
section 2919.25 of the Revised Code.	10021

(5) "Street" or "highway" has the same meaning as in section	10022
4511.01 of the Revised Code.	10023

(6) "Interstate system" has the same meaning as in section	10024
5516.01 of the Revised Code.	10025

(7) "Peace officer of the department of natural resources"	10026
means an employee of the department of natural resources who is a	10027
natural resources law enforcement staff officer designated	10028
pursuant to section 1501.013 of the Revised Code, a forest officer	10029
designated pursuant to section 1503.29 of the Revised Code, a	10030
preserve officer designated pursuant to section 1517.10 of the	10031
Revised Code, a wildlife officer designated pursuant to section	10032
1531.13 of the Revised Code, a park officer designated pursuant to	10033
section 1541.10 of the Revised Code, or a state watercraft officer	10034
designated pursuant to section 1547.521 of the Revised Code.	10035

(8) "Portion of any street or highway" means all lanes of the	10036
street or highway irrespective of direction of travel, including	10037
designated turn lanes, and any berm, median, or shoulder.	10038

Sec. 2935.13. Upon the arrest of any person pursuant to	10039
warrant, hethe person shall forthwith be taken before the court	10040
or magistrate issuing the same, if such court be in session or	10041
such magistrate available, and proceedings had as provided in	10042
sections 2937.01 to 2937.46, inclusive, of the Revised Code. If	10043
such court be not in session and a misdemeanor or violation of an	10044
ordinance ~~violation~~or resolution is charged, hethe defendant	10045
shall be taken before the clerk or deputy clerk of the court and	10046
let to bail, as provided in sections 2937.22 to 2937.46,	10047
~~inclusive,~~ of the Revised Code, if the magistrate be not	10048
available, or if the defendant is arrested in a county other than	10049
that of the issuing court or magistrate hethe defendant shall	10050
forthwith be taken before the most convenient magistrate, clerk,	10051
or deputy clerk of a court ~~of record~~, and there let to bail for	10052
~~his~~the defendant's appearance before the issuing court or	10053
magistrate within a reasonable time to be set by such clerk.	10054

Sec. 2935.14. If the person arrested is unable to offer	10055
sufficient bail or, if the offense charged be a felony, hethe	10056
person arrested shall, prior to being confined or removed from the	10057
county of arrest, as the case may be, be speedily permitted	10058
facilities to communicate with an attorney at law of ~~his~~the	10059
person's own choice, or to communicate with at least one relative	10060
or other person for the purpose of obtaining counsel (or in cases	10061
of misdemeanors or ~~ordinance~~ violation of an ordinance or	10062
resolution for the purpose of arranging bail). HeThe person	10063
arrested shall not thereafter be confined or removed from the	10064
county or from the situs of initial detention until such attorney	10065
has had reasonable opportunity to confer with ~~him~~the person	10066
privately, or other person to arrange bail, under such security	10067
measures as may be necessary under the circumstances.	10068

Whoever, being a police officer in charge of a prisoner, or	10069
the custodian of any jail or place of confinement, violates this	10070
section shall be fined not less than one hundred nor more than	10071
five hundred dollars or imprisoned not more than thirty days, or	10072
both.	10073

Sec. 2935.17. (A) An affidavit in either of the following	10074
forms is sufficient:	10075

(1) "State of Ohio,	10076

........................... County, ss:	10077

Before me, A.B., personally came C.D., who being duly sworn	10078
according to law deposes and says that on or about the day of	10079
..........., ....., at the county of .......... one E.F. (here	10080
describe the offense as nearly according to the nature thereof as	10081
the case will admit, in ordinary concise language) C.D.	10082

Sworn to and subscribed before me this ........ day of	10083
.........., ....	10084

	A.B., County Judge		10085
	Clerk of ............. Court"		10086

(2) "State of Ohio,	10087

........................... County, ss:	10088

Before me, A.B., personally came C.D., who being duly sworn	10089
according to law says that on or about the ...... day of	10090
........., ...., one E.F. did: (here listing several common	10091
offenses, plainly but tersely described as: fail to stop at stop	10092
sign, pass at crest of grade, etc., with a ruled box before each,	10093
and then showing an X or distinctive mark in front of the offense	10094
claimed to be committed). C.D.	10095

Sworn to before me and subscribed in my presence this ........ day	10096
of ........, ....	10097

	A.B., County Judge		10098
	Clerk of ............. Court"		10099

(B) A complaint in the following form is sufficient:

10100

"State of Ohio,	10101

........................... County, ss:	10102

The undersigned (assistant) prosecuting attorney of	10103
.......... County complains that on or about the ..... day of	10104
............., ...., one E.F. did (here describing the offense	10105
committed as above) based on affidavit of .................. filed	10106
with me.	10107

	..............................		10108
	Prosecuting Attorney/City		10109
	Director of Law"		10110

Provided, that the supreme court of Ohio, may, by rule,	10111
provide for the uniform type and language to be used in any	10112
affidavit or complaint to be filed in any court inferior to the	10113
court of common pleas for violations of the motor vehicle and	10114
traffic acts and related ordinances and resolutions and in any	10115
notice to violator to appear in such courts, and may require that	10116
such forms and no other, shall be received in such courts, and	10117
issued to violators.	10118

Sec. 2935.27. (A)(1) If a law enforcement officer issues a	10119
citation to a person pursuant to section 2935.26 of the Revised	10120
Code and if the minor misdemeanor offense for which the citation	10121
is issued is an act prohibited by Chapter 4511., 4513., or 4549.	10122
of the Revised Code or an act prohibited by any municipal	10123
ordinance or township resolution that is substantially similar to	10124
any section contained in Chapter 4511., 4513., or 4549. of the	10125
Revised Code, the officer shall inform the person, if the person	10126
has a current valid Ohio driver's or commercial driver's license,	10127
of the possible consequences of the person's actions as required	10128
under division (E) of this section, and also shall inform the	10129
person that the person is required either to appear at the time	10130
and place stated in the citation or to comply with division (C) of	10131
section 2935.26 of the Revised Code.	10132

(2) If the person is an Ohio resident but does not have a	10133
current valid Ohio driver's or commercial driver's license or if	10134
the person is a resident of a state that is not a member of the	10135
nonresident violator compact of which this state is a member	10136
pursuant to section 4510.71 of the Revised Code, and if the court,	10137
by local rule, has prescribed a procedure for the setting of a	10138
reasonable security pursuant to division (F) of this section,	10139
security shall be set in accordance with that local rule and that	10140
division.	10141

A court by local rule may prescribe a procedure for the	10142
setting of reasonable security as described in this division. As	10143
an alternative to this procedure, a court by local rule may	10144
prescribe a procedure for the setting of a reasonable security by	10145
the person without the person appearing before the court.	10146

(B) A person who has security set under division (A)(2) of	10147
this section shall be given a receipt or other evidence of the	10148
deposit of the security by the court.	10149

(C) Upon compliance with division (C) of section 2935.26 of	10150
the Revised Code by a person who was issued a citation, the clerk	10151
of the court shall notify the court. The court shall immediately	10152
return any sum of money, license, or other security deposited in	10153
relation to the citation to the person, or to any other person who	10154
deposited the security.	10155

(D) If a person who has a current valid Ohio driver's or	10156
commercial driver's license and who was issued a citation fails to	10157
appear at the time and place specified on the citation, fails to	10158
comply with division (C) of section 2935.26 of the Revised Code,	10159
or fails to comply with or satisfy any judgment of the court	10160
within the time allowed by the court, the court shall declare the	10161
forfeiture of the person's license. Thirty days after the	10162
declaration of forfeiture, the court shall enter information	10163
relative to the forfeiture on a form approved and furnished by the	10164
registrar of motor vehicles, and forward the form to the	10165
registrar. The registrar shall suspend the person's driver's or	10166
commercial driver's license, send written notification of the	10167
suspension to the person at the person's last known address, and	10168
order the person to surrender the person's driver's or commercial	10169
driver's license to the registrar within forty-eight hours. No	10170
valid driver's or commercial driver's license shall be granted to	10171
the person until the court having jurisdiction of the offense that	10172
led to the forfeiture orders that the forfeiture be terminated.	10173
The court shall so order if the person, after having failed to	10174
appear in court at the required time and place to answer the	10175
charge or after having pleaded guilty to or been found guilty of	10176
the violation and having failed within the time allowed by the	10177
court to pay the fine imposed by the court, thereafter appears to	10178
answer the charge and pays any fine imposed by the court or pays	10179
the fine originally imposed by the court. The court shall inform	10180
the registrar of the termination of the forfeiture by entering	10181
information relative to the termination on a form approved and	10182
furnished by the registrar and sending the form to the registrar	10183
as provided in this division. The person shall pay to the bureau	10184
of motor vehicles a fifteen-dollar reinstatement fee to cover the	10185
costs of the bureau in administering this section. The registrar	10186
shall deposit the fees so paid into the state bureau of motor	10187
vehicles fund created by section 4501.25 of the Revised Code.	10188

In addition, upon receipt of the copy of the declaration of	10189
forfeiture from the court, neither the registrar nor any deputy	10190
registrar shall accept any application for the registration or	10191
transfer of registration of any motor vehicle owned or leased by	10192
the person named in the declaration of forfeiture until the court	10193
having jurisdiction of the offense that led to the forfeiture	10194
orders that the forfeiture be terminated. However, for a motor	10195
vehicle leased by a person named in a declaration of forfeiture,	10196
the registrar shall not implement the preceding sentence until the	10197
registrar adopts procedures for that implementation under section	10198
4503.39 of the Revised Code. Upon receipt by the registrar of an	10199
order terminating the forfeiture, the registrar shall take such	10200
measures as may be necessary to permit the person to register a	10201
motor vehicle owned or leased by the person or to transfer the	10202
registration of such a motor vehicle, if the person later makes	10203
application to take such action and the person otherwise is	10204
eligible to register the motor vehicle or to transfer the	10205
registration of it.	10206

The registrar is not required to give effect to any	10207
declaration of forfeiture or order terminating a forfeiture unless	10208
the order is transmitted to the registrar by means of an	10209
electronic transfer system. The registrar shall not restore the	10210
person's driving or vehicle registration privileges until the	10211
person pays the reinstatement fee as provided in this division.	10212

If the person who was issued the citation fails to appear at	10213
the time and place specified on the citation and fails to comply	10214
with division (C) of section 2935.26 of the Revised Code and the	10215
person has deposited a sum of money or other security in relation	10216
to the citation under division (A)(2) of this section, the deposit	10217
immediately shall be forfeited to the court.	10218

This section does not preclude further action as authorized	10219
by division (F) of section 2935.26 of the Revised Code.	10220

(E) A law enforcement officer who issues a person a minor	10221
misdemeanor citation for an act prohibited by Chapter 4511.,	10222
4513., or 4549. of the Revised Code or an act prohibited by a	10223
municipal ordinance or township resolution that is substantially	10224
similar to any section contained in Chapter 4511., 4513., or 4549.	10225
of the Revised Code shall inform the person that if the person	10226
does not appear at the time and place stated on the citation or	10227
does not comply with division (C) of section 2935.26 of the	10228
Revised Code, the person's driver's or commercial driver's license	10229
will be suspended, the person will not be eligible for the	10230
reissuance of the license or the issuance of a new license or the	10231
issuance of a certificate of registration for a motor vehicle	10232
owned or leased by the person, until the person appears and	10233
complies with all orders of the court. The person also is subject	10234
to any applicable criminal penalties.	10235

(F) A court setting security under division (A)(2) of this	10236
section shall do so in conformity with sections 2937.22 and	10237
2937.23 of the Revised Code and the Rules of Criminal Procedure.	10238

Sec. 2935.33. (A) If a person charged with a misdemeanor is	10239
taken before a judge of a court of record and if it appears to the	10240
judge that the person is an alcoholic or is suffering from acute	10241
alcohol intoxication and that the person would benefit from	10242
services provided by an alcohol and drug addiction program	10243
certified under Chapter 3793. of the Revised Code, the judge may	10244
place the person temporarily in a program certified under that	10245
chapter in the area in which the court has jurisdiction for	10246
inpatient care and treatment for an indefinite period not	10247
exceeding five days. The commitment does not limit the right to	10248
release on bail. The judge may dismiss a charge of a violation of	10249
division (B) of section 2917.11 of the Revised Code or of a	10250
municipal ordinance or township resolution substantially	10251
equivalent to that division if the defendant complies with all the	10252
conditions of treatment ordered by the court.	10253

The court may order that any fines or court costs collected	10254
by the court from defendants who have received inpatient care from	10255
an alcohol and drug addiction program be paid, for the benefit of	10256
the program, to the board of alcohol, drug addiction, and mental	10257
health services of the alcohol, drug addiction, and mental health	10258
service district in which the program is located or to the	10259
director of alcohol and drug addiction services.	10260

(B) If a person is being sentenced for a violation of	10261
division (B) of section 2917.11 or section 4511.19 of the Revised	10262
Code, a misdemeanor violation of section 2919.25 of the Revised	10263
Code, a misdemeanor violation of section 2919.27 of the Revised	10264
Code involving a protection order issued or consent agreement	10265
approved pursuant to section 2919.26 or 3113.31 of the Revised	10266
Code, or a violation of a municipal ordinance or township	10267
resolution substantially equivalent to that division or any of	10268
those sections and if it appears to the judge at the time of	10269
sentencing that the person is an alcoholic or is suffering from	10270
acute alcohol intoxication and that, in lieu of imprisonment, the	10271
person would benefit from services provided by an alcohol and drug	10272
addiction program certified under Chapter 3793. of the Revised	10273
Code, the court may commit the person to close supervision in any	10274
facility in the area in which the court has jurisdiction that is,	10275
or is operated by, such a program. Such close supervision may	10276
include outpatient services and part-time release, except that a	10277
person convicted of a violation of division (A) of section 4511.19	10278
of the Revised Code shall be confined to the facility for at least	10279
three days and except that a person convicted of a misdemeanor	10280
violation of section 2919.25 of the Revised Code, a misdemeanor	10281
violation of section 2919.27 of the Revised Code involving a	10282
protection order issued or consent agreement approved pursuant to	10283
section 2919.26 or 3113.31 of the Revised Code, or a violation of	10284
a substantially equivalent municipal ordinance or township	10285
resolution shall be confined to the facility in accordance with	10286
the order of commitment. A commitment of a person to a facility	10287
for purposes of close supervision shall not exceed the maximum	10288
term for which the person could be imprisoned.	10289

(C) A law enforcement officer who finds a person subject to	10290
prosecution for violation of division (B) of section 2917.11 of	10291
the Revised Code or a municipal ordinance or township resolution	10292
substantially equivalent to that division and who has reasonable	10293
cause to believe that the person is an alcoholic or is suffering	10294
from acute alcohol intoxication and would benefit from immediate	10295
treatment immediately may place the person in an alcohol and drug	10296
addiction program certified under Chapter 3793. of the Revised	10297
Code in the area in which the person is found, for emergency	10298
treatment, in lieu of other arrest procedures, for a maximum	10299
period of forty-eight hours. During that time, if the person	10300
desires to leave such custody, the person shall be released	10301
forthwith.	10302

(D) As used in this section:

10303

(1) "Alcoholic" has the same meaning as in section 3793.01 of	10304
the Revised Code;	10305

(2) "Acute alcohol intoxication" means a heavy consumption of	10306
alcohol over a relatively short period of time, resulting in	10307
dysfunction of the brain centers controlling behavior, speech, and	10308
memory and causing characteristic withdrawal symptoms.	10309

Sec. 2935.36. (A) The prosecuting attorney may establish	10310
pre-trial diversion programs for adults who are accused of	10311
committing criminal offenses and whom the prosecuting attorney	10312
believes probably will not offend again. The prosecuting attorney	10313
may require, as a condition of an accused's participation in the	10314
program, the accused to pay a reasonable fee for supervision	10315
services that include, but are not limited to, monitoring and drug	10316
testing. The programs shall be operated pursuant to written	10317
standards approved by journal entry by the presiding judge or, in	10318
courts with only one judge, the judge of the court of common pleas	10319
and shall not be applicable to any of the following:	10320

(1) Repeat offenders or dangerous offenders;

10321

(2) Persons accused of an offense of violence, of a violation	10322
of section 2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31,	10323
2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02,	10324
2921.11, 2921.12, 2921.32, or 2923.20 of the Revised Code, or of a	10325
violation of section 2905.01, 2905.02, or 2919.23 of the Revised	10326
Code that, had it occurred prior to July 1, 1996, would have been	10327
a violation of section 2905.04 of the Revised Code as it existed	10328
prior to that date, with the exception that the prosecuting	10329
attorney may permit persons accused of any such offense to enter a	10330
pre-trial diversion program, if the prosecuting attorney finds any	10331
of the following:	10332

(a) The accused did not cause, threaten, or intend serious	10333
physical harm to any person;	10334

(b) The offense was the result of circumstances not likely to	10335
recur;	10336

(c) The accused has no history of prior delinquency or	10337
criminal activity;	10338

(d) The accused has led a law-abiding life for a substantial	10339
time before commission of the alleged offense;	10340

(e) Substantial grounds tending to excuse or justify the	10341
alleged offense.	10342

(3) Persons accused of a violation of Chapter 2925. or 3719.	10343
of the Revised Code;	10344

(4) Drug dependent persons or persons in danger of becoming	10345
drug dependent persons, as defined in section 3719.011 of the	10346
Revised Code. However, this division does not affect the	10347
eligibility of such persons for intervention in lieu of conviction	10348
pursuant to section 2951.041 of the Revised Code.	10349

(5) Persons accused of a violation of section 4511.19 of the	10350
Revised Code or a violation of any substantially similar municipal	10351
ordinance or township resolution.	10352

(B) An accused who enters a diversion program shall do all of	10353
the following:	10354

(1) Waive, in writing and contingent upon the accused's	10355
successful completion of the program, the accused's right to a	10356
speedy trial, the preliminary hearing, the time period within	10357
which the grand jury may consider an indictment against the	10358
accused, and arraignment, unless the hearing, indictment, or	10359
arraignment has already occurred;	10360

(2) Agree, in writing, to the tolling while in the program of	10361
all periods of limitation established by statutes or rules of	10362
court, that are applicable to the offense with which the accused	10363
is charged and to the conditions of the diversion program	10364
established by the prosecuting attorney;	10365

(3) Agree, in writing, to pay any reasonable fee for	10366
supervision services established by the prosecuting attorney.	10367

(C) The trial court, upon the application of the prosecuting	10368
attorney, shall order the release from confinement of any accused	10369
who has agreed to enter a pre-trial diversion program and shall	10370
discharge and release any existing bail and release any sureties	10371
on recognizances and shall release the accused on a recognizance	10372
bond conditioned upon the accused's compliance with the terms of	10373
the diversion program. The prosecuting attorney shall notify every	10374
victim of the crime and the arresting officers of the prosecuting	10375
attorney's intent to permit the accused to enter a pre-trial	10376
diversion program. The victim of the crime and the arresting	10377
officers shall have the opportunity to file written objections	10378
with the prosecuting attorney prior to the commencement of the	10379
pre-trial diversion program.	10380

(D) If the accused satisfactorily completes the diversion	10381
program, the prosecuting attorney shall recommend to the trial	10382
court that the charges against the accused be dismissed, and the	10383
court, upon the recommendation of the prosecuting attorney, shall	10384
dismiss the charges. If the accused chooses not to enter the	10385
prosecuting attorney's diversion program, or if the accused	10386
violates the conditions of the agreement pursuant to which the	10387
accused has been released, the accused may be brought to trial	10388
upon the charges in the manner provided by law, and the waiver	10389
executed pursuant to division (B)(1) of this section shall be void	10390
on the date the accused is removed from the program for the	10391
violation.	10392

(E) As used in this section:

10393

(1) "Repeat offender" means a person who has a history of	10394
persistent criminal activity and whose character and condition	10395
reveal a substantial risk that the person will commit another	10396
offense. It is prima-facie evidence that a person is a repeat	10397
offender if any of the following applies:	10398

(a) Having been convicted of one or more offenses of violence	10399
and having been imprisoned pursuant to sentence for any such	10400
offense, the person commits a subsequent offense of violence;	10401

(b) Having been convicted of one or more sexually oriented	10402
offenses or child-victim oriented offenses, both as defined in	10403
section 2950.01 of the Revised Code, and having been imprisoned	10404
pursuant to sentence for one or more of those offenses, the person	10405
commits a subsequent sexually oriented offense or child-victim	10406
oriented offense;	10407

(c) Having been convicted of one or more theft offenses as	10408
defined in section 2913.01 of the Revised Code and having been	10409
imprisoned pursuant to sentence for one or more of those theft	10410
offenses, the person commits a subsequent theft offense;	10411

(d) Having been convicted of one or more felony drug abuse	10412
offenses as defined in section 2925.01 of the Revised Code and	10413
having been imprisoned pursuant to sentence for one or more of	10414
those felony drug abuse offenses, the person commits a subsequent	10415
felony drug abuse offense;	10416

(e) Having been convicted of two or more felonies and having	10417
been imprisoned pursuant to sentence for one or more felonies, the	10418
person commits a subsequent offense;	10419

(f) Having been convicted of three or more offenses of any	10420
type or degree other than traffic offenses, alcoholic intoxication	10421
offenses, or minor misdemeanors and having been imprisoned	10422
pursuant to sentence for any such offense, the person commits a	10423
subsequent offense.	10424

(2) "Dangerous offender" means a person who has committed an	10425
offense, whose history, character, and condition reveal a	10426
substantial risk that the person will be a danger to others, and	10427
whose conduct has been characterized by a pattern of repetitive,	10428
compulsive, or aggressive behavior with heedless indifference to	10429
the consequences.	10430

Sec. 2937.08. Upon a plea of not guilty or a plea of once in	10431
jeopardy, if the charge be a misdemeanor in a court ~~of record~~	10432
other than a community court, the court shall proceed to set the	10433
matter for trial at a future time, pursuant to Chapter 2938. of	10434
the Revised Code, and shall let accused to bail pending such	10435
trial. Or hethe court may, but only if both prosecutor and	10436
accused expressly consent, set the matter for trial forthwith.	10437

Upon the entry of such pleas to a charge of misdemeanor in a	10438
community court ~~not of record~~, the magistrate shall forthwith set	10439
the matter for future trial or, with the consent of both state and	10440
defendant may set trial forthwith, both pursuant to Chapter 2938.	10441
of the Revised Code, provided that if the nature of the offense is	10442
such that right to jury trial exists, such matter shall not be	10443
tried before ~~him~~the magistrate unless the accused, by writing	10444
subscribed by ~~him~~the accused, waives a jury and consents to be	10445
tried by the magistrate.	10446

If the defendant in such event does not waive right to jury	10447
trial, then the magistrate shall require the accused to enter into	10448
recognizance to appear before athe municipal court ~~of record in~~	10449
~~the~~or county~~, set by such magistrate~~court that has territorial	10450
jurisdiction over the municipal corporation in which the community	10451
court is located, and the magistrate shall thereupon certify all	10452
papers filed, together with transcript of proceedings and accrued	10453
costs to date, and such recognizance if given, to such ~~designated~~	10454
court ~~of record~~. Such transfer shall not require the filing of	10455
indictment or information and trial shall proceed in the	10456
transferee court pursuant to Chapter 2938. of the Revised Code.	10457

Sec. 2937.221. (A) A person arrested without warrant for any	10458
violation listed in division (B) of this section, and having a	10459
current valid Ohio driver's or commercial driver's license, if the	10460
person has been notified of the possible consequences of the	10461
person's actions as required by division (C) of this section, may	10462
post bond by depositing the license with the arresting officer if	10463
the officer and person so choose, or with the local court having	10464
jurisdiction if the court and person so choose. The license may be	10465
used as bond only during the period for which it is valid.	10466

When an arresting officer accepts the driver's or commercial	10467
driver's license as bond, the officer shall note the date, time,	10468
and place of the court appearance on "the violator's notice to	10469
appear," and the notice shall serve as a valid Ohio driver's or	10470
commercial driver's license until the date and time appearing	10471
thereon. The arresting officer immediately shall forward the	10472
license to the appropriate court.	10473

When a local court accepts the license as bond or continues	10474
the case to another date and time, it shall provide the person	10475
with a card in a form approved by the registrar of motor vehicles	10476
setting forth the license number, name, address, the date and time	10477
of the court appearance, and a statement that the license is being	10478
held as bond. The card shall serve as a valid license until the	10479
date and time contained in the card.	10480

The court may accept other bond at any time and return the	10481
license to the person. The court shall return the license to the	10482
person when judgment is satisfied, including, but not limited to,	10483
compliance with any court orders, unless a suspension or	10484
cancellation is part of the penalty imposed.	10485

Neither "the violator's notice to appear" nor a court-	10486
granted card shall continue driving privileges beyond the	10487
expiration date of the license.	10488

If the person arrested fails to appear in court at the date	10489
and time set by the court or fails to satisfy the judgment of the	10490
court, including, but not limited to, compliance with all court	10491
orders within the time allowed by the court, the court may declare	10492
the forfeiture of the person's license. Thirty days after the	10493
declaration of the forfeiture, the court shall forward the	10494
person's license to the registrar. The court also shall enter	10495
information relative to the forfeiture on a form approved and	10496
furnished by the registrar and send the form to the registrar. The	10497
registrar shall suspend the person's license and send written	10498
notification of the suspension to the person at the person's last	10499
known address. No valid driver's or commercial driver's license	10500
shall be granted to the person until the court having jurisdiction	10501
orders that the forfeiture be terminated. The court shall inform	10502
the registrar of the termination of the forfeiture by entering	10503
information relative to the termination on a form approved and	10504
furnished by the registrar and sending the form to the registrar.	10505
Upon the termination, the person shall pay to the bureau of motor	10506
vehicles a reinstatement fee of fifteen dollars to cover the costs	10507
of the bureau in administering this section. The registrar shall	10508
deposit the fees so paid into the state bureau of motor vehicles	10509
fund created by section 4501.25 of the Revised Code.	10510

In addition, upon receipt from the court of the copy of the	10511
declaration of forfeiture, neither the registrar nor any deputy	10512
registrar shall accept any application for the registration or	10513
transfer of registration of any motor vehicle owned by or leased	10514
in the name of the person named in the declaration of forfeiture	10515
until the court having jurisdiction over the offense that led to	10516
the suspension issues an order terminating the forfeiture.	10517
However, for a motor vehicle leased in the name of a person named	10518
in a declaration of forfeiture, the registrar shall not implement	10519
the preceding sentence until the registrar adopts procedures for	10520
that implementation under section 4503.39 of the Revised Code.	10521
Upon receipt by the registrar of such an order, the registrar also	10522
shall take the measures necessary to permit the person to register	10523
a motor vehicle the person owns or leases or to transfer the	10524
registration of a motor vehicle the person owns or leases if the	10525
person later makes a proper application and otherwise is eligible	10526
to be issued or to transfer a motor vehicle registration.	10527

(B) Division (A) of this section applies to persons arrested	10528
for violation of:	10529

(1) Any of the provisions of Chapter 4511. or 4513. of the	10530
Revised Code, except sections 4511.19, 4511.20, 4511.251, and	10531
4513.36 of the Revised Code;	10532

(2) Any municipal ordinance or township resolution	10533
substantially similar to a section included in division (B)(1) of	10534
this section;	10535

(3) Any bylaw, rule, or regulation of the Ohio turnpike	10536
commission substantially similar to a section included in division	10537
(B)(1) of this section.	10538

Division (A) of this section does not apply to those persons	10539
issued a citation for the commission of a minor misdemeanor under	10540
section 2935.26 of the Revised Code.	10541

(C) No license shall be accepted as bond by an arresting	10542
officer or by a court under this section until the officer or	10543
court has notified the person that, if the person deposits the	10544
license with the officer or court and either does not appear on	10545
the date and at the time set by the officer or the court, if the	10546
court sets a time, or does not satisfy any judgment rendered,	10547
including, but not limited to, compliance with all court orders,	10548
the license will be suspended, and the person will not be eligible	10549
for reissuance of the license or issuance of a new license, or the	10550
issuance of a certificate of registration for a motor vehicle	10551
owned or leased by the person until the person appears and	10552
complies with any order issued by the court. The person also is	10553
subject to any criminal penalties that may apply to the person.	10554

(D) The registrar shall not restore the person's driving or	10555
vehicle registration privileges until the person pays the	10556
reinstatement fee as provided in this section.	10557

Sec. 2937.23. (A)(1) In a case involving a felony or a	10558
violation of section 2903.11, 2903.12, or 2903.13 of the Revised	10559
Code when the victim of the offense is a peace officer, the judge	10560
or magistrate shall fix the amount of bail.	10561

(2) In a case involving a misdemeanor or a violation of a	10562
municipal ordinance and not involving a felony or a violation of	10563
section 2903.11, 2903.12, or 2903.13 of the Revised Code when the	10564
victim of the offense is a peace officer, the judge, magistrate,	10565
or clerk of the court may fix the amount of bail and may do so in	10566
accordance with a schedule previously fixed by the judge or	10567
magistrate. If the judge, magistrate, or clerk of the court is not	10568
readily available, the sheriff, deputy sheriff, marshal, deputy	10569
marshal, police officer, or jailer having custody of the person	10570
charged may fix the amount of bail in accordance with a schedule	10571
previously fixed by the judge or magistrate and shall take the	10572
bail only in the county courthouse, the municipal or township	10573
building, or the county or municipal jail.	10574

(3) In all cases, the bail shall be fixed with consideration	10575
of the seriousness of the offense charged, the previous criminal	10576
record of the defendant, and the probability of the defendant	10577
appearing at the trial of the case.	10578

(B) In any case involving an alleged violation of section	10579
2903.211 of the Revised Code or of a municipal ordinance or	10580
township resolution that is substantially similar to that section,	10581
the court shall determine whether it will order an evaluation of	10582
the mental condition of the defendant pursuant to section 2919.271	10583
of the Revised Code and, if it decides to so order, shall issue	10584
the order requiring the evaluation before it sets bail for the	10585
person charged with the violation. In any case involving an	10586
alleged violation of section 2919.27 of the Revised Code or of a	10587
municipal ordinance or township resolution that is substantially	10588
similar to that section and in which the court finds that either	10589
of the following criteria applies, the court shall determine	10590
whether it will order an evaluation of the mental condition of the	10591
defendant pursuant to section 2919.271 of the Revised Code and, if	10592
it decides to so order, shall issue the order requiring that	10593
evaluation before it sets bail for the person charged with the	10594
violation:	10595

(1) Regarding an alleged violation of a protection order	10596
issued or consent agreement approved pursuant to section 2919.26	10597
or 3113.31 of the Revised Code, that the violation allegedly	10598
involves conduct by the defendant that caused physical harm to the	10599
person or property of a family or household member covered by the	10600
order or agreement or conduct by that defendant that caused a	10601
family or household member to believe that the defendant would	10602
cause physical harm to that member or that member's property;	10603

(2) Regarding an alleged violation of a protection order	10604
issued pursuant to section 2903.213 or 2903.214 of the Revised	10605
Code, or a protection order issued by a court of another state, as	10606
defined in section 2919.27 of the Revised Code, that the violation	10607
allegedly involves conduct by the defendant that caused physical	10608
harm to the person or property of the person covered by the order	10609
or conduct by that defendant that caused the person covered by the	10610
order to believe that the defendant would cause physical harm to	10611
that person or that person's property.	10612

(C) As used in this section, "peace officer" has the same	10613
meaning as in section 2935.01 of the Revised Code.	10614

Sec. 2937.46. (A) The supreme court of Ohio, in the interest	10615
of uniformity of procedure in the various courts and for the	10616
purpose of promoting prompt and efficient disposition of cases	10617
arising under the traffic laws of this state and related	10618
ordinances and resolutions, may make uniform rules for practice	10619
and procedure in courts inferior to the court of common pleas not	10620
inconsistent with the provisions of Chapter 2937. of the Revised	10621
Code, including, but not limited to:	10622

(1) Separation of arraignment and trial of traffic and other	10623
types of cases;	10624

(2) Consolidation of cases for trial;

10625

(3) Transfer of cases within the same county for the purpose	10626
of trial;	10627

(4) Designation of special referees for hearings or for	10628
receiving pleas or bail at times when courts are not in session;	10629

(5) Fixing of reasonable bonds, and disposition of cases in	10630
which bonds have been forfeited.	10631

(B) Except as otherwise specified in division (N) of section	10632
4511.19 of the Revised Code, all of the rules described in	10633
division (A) of this section, when promulgated by the supreme	10634
court, shall be fully binding on all courts inferior to the court	10635
of common pleas and on the court of common pleas in relation to	10636
felony violations of division (A) of section 4511.19 of the	10637
Revised Code and shall effect a cancellation of any local court	10638
rules inconsistent with the supreme court's rules.	10639

Sec. 2937.99. (A) No person shall fail to appear as	10640
required, after having been released pursuant to section 2937.29	10641
of the Revised Code. Whoever violates this section is guilty of	10642
failure to appear and shall be punished as set forth in division	10643
(B) or (C) of this section.	10644

(B) If the release was in connection with a felony charge or	10645
pending appeal after conviction of a felony, failure to appear is	10646
a felony of the fourth degree.	10647

(C) If the release was in connection with a misdemeanor	10648
charge or for appearance as a witness, failure to appear is a	10649
misdemeanor of the first degree.	10650

(D) This section does not apply to misdemeanors and related	10651
ordinance and resolution offenses arising under Chapters 4501.,	10652
4503., 4505., 4507., 4509., 4510., 4511., 4513., 4517., 4549., and	10653
5577. of the Revised Code, except that this section does apply to	10654
violations of sections 4511.19, 4549.02, and 4549.021 of the	10655
Revised Code and ordinance and resolution offenses related to	10656
sections 4511.19, 4549.02, and 4549.021 of the Revised Code.	10657

Sec. 2938.02. The provisions of Chapter 2938. of the Revised	10658
Code shall apply to trial on the merits of any misdemeanor,	10659
ordinance or resolution offense, prosecution for the violation of	10660
any rule or regulation of any governmental body authorized to	10661
adopt penal regulations, or to complaints to keep the peace, which	10662
may be instituted in and retained for trial on the merits in any	10663
court or before any magistrate inferior to the court of common	10664
pleas; provided that in juvenile courts, where the conduct of any	10665
person under the age of eighteen years is made the subject of	10666
inquiry and for which special provision is made by Chapter 2151.	10667
or 2152. of the Revised Code, such matters shall be tried,	10668
adjusted, or disposed of pursuant to Chapter 2151. or 2152. of the	10669
Revised Code.	10670

Sec. 2938.04. In courts ~~of record~~other than community	10671
courts, the right to trial by jury as defined in section 2945.17	10672
of the Revised Code shall be claimed by making demand in writing	10673
therefor and filing the same with the clerk of the court not less	10674
than three days prior to the date set for trial or on the day	10675
following receipt of notice whichever is the later. Failure to	10676
claim jury trial as provided in this section is a complete waiver	10677
of right thereto. In community courts ~~not of record~~ jury trial may	10678
not be had, but failure to waive jury in writing where right to	10679
jury trial may be asserted shall require the magistrate to certify	10680
such case to aanother court ~~of record~~ as provided in section	10681
1923.10 or 2937.08 of the Revised Code.	10682

Sec. 2941.51. (A) Counsel appointed to a case or selected by	10683
an indigent person under division (E) of section 120.16 or	10684
division (E) of section 120.26 of the Revised Code, or otherwise	10685
appointed by the court, except for counsel appointed by the court	10686
to provide legal representation for a person charged with a	10687
violation of an ordinance of a municipal corporation or resolution	10688
of a township, shall be paid for their services by the county the	10689
compensation and expenses that the trial court approves. Each	10690
request for payment shall be accompanied by a financial disclosure	10691
form and an affidavit of indigency that are completed by the	10692
indigent person on forms prescribed by the state public defender.	10693
Compensation and expenses shall not exceed the amounts fixed by	10694
the board of county commissioners pursuant to division (B) of this	10695
section.	10696

(B) The board of county commissioners shall establish a	10697
schedule of fees by case or on an hourly basis to be paid by the	10698
county for legal services provided by appointed counsel. Prior to	10699
establishing such schedule, the board shall request the bar	10700
association or associations of the county to submit a proposed	10701
schedule. The schedule submitted shall be subject to the review,	10702
amendment, and approval of the board of county commissioners.	10703

(C) In a case where counsel have been appointed to conduct an	10704
appeal under Chapter 120. of the Revised Code, such compensation	10705
shall be fixed by the court of appeals or the supreme court, as	10706
provided in divisions (A) and (B) of this section.	10707

(D) The fees and expenses approved by the court under this	10708
section shall not be taxed as part of the costs and shall be paid	10709
by the county. However, if the person represented has, or	10710
reasonably may be expected to have, the means to meet some part of	10711
the cost of the services rendered to the person, the person shall	10712
pay the county an amount that the person reasonably can be	10713
expected to pay. Pursuant to section 120.04 of the Revised Code,	10714
the county shall pay to the state public defender a percentage of	10715
the payment received from the person in an amount proportionate to	10716
the percentage of the costs of the person's case that were paid to	10717
the county by the state public defender pursuant to this section.	10718
The money paid to the state public defender shall be credited to	10719
the client payment fund created pursuant to division (B)(5) of	10720
section 120.04 of the Revised Code.	10721

(E) The county auditor shall draw a warrant on the county	10722
treasurer for the payment of such counsel in the amount fixed by	10723
the court, plus the expenses that the court fixes and certifies to	10724
the auditor. The county auditor shall report periodically, but not	10725
less than annually, to the board of county commissioners and to	10726
the Ohio public defender commission the amounts paid out pursuant	10727
to the approval of the court under this section, separately	10728
stating costs and expenses that are reimbursable under section	10729
120.35 of the Revised Code. The board, after review and approval	10730
of the auditor's report, may then certify it to the state public	10731
defender for reimbursement. The request for reimbursement shall be	10732
accompanied by a financial disclosure form completed by each	10733
indigent person for whom counsel was provided on a form prescribed	10734
by the state public defender. The state public defender shall	10735
review the report and, in accordance with the standards,	10736
guidelines, and maximums established pursuant to divisions (B)(7)	10737
and (8) of section 120.04 of the Revised Code, pay fifty per cent	10738
of the total cost, other than costs and expenses that are	10739
reimbursable under section 120.35 of the Revised Code, if any, of	10740
paying appointed counsel in each county and pay fifty per cent of	10741
costs and expenses that are reimbursable under section 120.35 of	10742
the Revised Code, if any, to the board.	10743

(F) If any county system for paying appointed counsel fails	10744
to maintain the standards for the conduct of the system	10745
established by the rules of the Ohio public defender commission	10746
pursuant to divisions (B) and (C) of section 120.03 of the Revised	10747
Code or the standards established by the state public defender	10748
pursuant to division (B)(7) of section 120.04 of the Revised Code,	10749
the commission shall notify the board of county commissioners of	10750
the county that the county system for paying appointed counsel has	10751
failed to comply with its rules. Unless the board corrects the	10752
conduct of its appointed counsel system to comply with the rules	10753
within ninety days after the date of the notice, the state public	10754
defender may deny all or part of the county's reimbursement from	10755
the state provided for in this section.	10756

Sec. 2945.17. (A) At any trial, in any court, for the	10757
violation of any statute of this state, ~~or of~~ any ordinance of any	10758
municipal corporation, or any resolution of any township, except	10759
as provided in divisions (B) and (C) of this section, the accused	10760
has the right to be tried by a jury.	10761

(B) The right to be tried by a jury that is granted under	10762
division (A) of this section does not apply to a violation of a	10763
statute or, ordinance, or resolution that is any of the following:	10764

(1) A violation that is a minor misdemeanor;

10765

(2) A violation for which the potential penalty does not	10766
include the possibility of a prison term or jail term and for	10767
which the possible fine does not exceed one thousand dollars.	10768

(C) Division (A) of this section does not apply to, and there	10769
is no right to a jury trial for, a person who is the subject of a	10770
complaint filed under section 2151.27 of the Revised Code against	10771
both a child and the parent, guardian, or other person having care	10772
of the child.	10773

Sec. 2947.23. (A)(1) In all criminal cases, including	10774
violations of ordinances or resolutions, the judge or magistrate	10775
shall include in the sentence the costs of prosecution and render	10776
a judgment against the defendant for such costs. At the time the	10777
judge or magistrate imposes sentence, the judge or magistrate	10778
shall notify the defendant of both of the following:	10779

(a) If the defendant fails to pay that judgment or fails to	10780
timely make payments towards that judgment under a payment	10781
schedule approved by the court, the court may order the defendant	10782
to perform community service in an amount of not more than forty	10783
hours per month until the judgment is paid or until the court is	10784
satisfied that the defendant is in compliance with the approved	10785
payment schedule.	10786

(b) If the court orders the defendant to perform the	10787
community service, the defendant will receive credit upon the	10788
judgment at the specified hourly credit rate per hour of community	10789
service performed, and each hour of community service performed	10790
will reduce the judgment by that amount.	10791

(2) The following shall apply in all criminal cases:

10792

(a) If a jury has been sworn at the trial of a case, the fees	10793
of the jurors shall be included in the costs, which shall be paid	10794
to the public treasury from which the jurors were paid.	10795

(b) If a jury has not been sworn at the trial of a case	10796
because of a defendant's failure to appear without good cause, the	10797
costs incurred in summoning jurors for that particular trial may	10798
be included in the costs of prosecution. If the costs incurred in	10799
summoning jurors are assessed against the defendant, those costs	10800
shall be paid to the public treasury from which the jurors were	10801
paid.	10802

(B) If a judge or magistrate has reason to believe that a	10803
defendant has failed to pay the judgment described in division (A)	10804
of this section or has failed to timely make payments towards that	10805
judgment under a payment schedule approved by the judge or	10806
magistrate, the judge or magistrate shall hold a hearing to	10807
determine whether to order the offender to perform community	10808
service for that failure. The judge or magistrate shall notify	10809
both the defendant and the prosecuting attorney of the place,	10810
time, and date of the hearing and shall give each an opportunity	10811
to present evidence. If, after the hearing, the judge or	10812
magistrate determines that the defendant has failed to pay the	10813
judgment or to timely make payments under the payment schedule and	10814
that imposition of community service for the failure is	10815
appropriate, the judge or magistrate may order the offender to	10816
perform community service in an amount of not more than forty	10817
hours per month until the judgment is paid or until the judge or	10818
magistrate is satisfied that the offender is in compliance with	10819
the approved payment schedule. If the judge or magistrate orders	10820
the defendant to perform community service under this division,	10821
the defendant shall receive credit upon the judgment at the	10822
specified hourly credit rate per hour of community service	10823
performed, and each hour of community service performed shall	10824
reduce the judgment by that amount. Except for the credit and	10825
reduction provided in this division, ordering an offender to	10826
perform community service under this division does not lessen the	10827
amount of the judgment and does not preclude the state from taking	10828
any other action to execute the judgment.	10829

(C) As used in this section, "specified hourly credit rate"	10830
means the wage rate that is specified in 26 U.S.C.A. 206(a)(1)	10831
under the federal Fair Labor Standards Act of 1938, that then is	10832
in effect, and that an employer subject to that provision must pay	10833
per hour to each of the employer's employees who is subject to	10834
that provision.	10835

Sec. 2949.02. (A) If a person is convicted of any bailable	10836
offense, including, but not limited to, a violation of an	10837
ordinance of a municipal corporation or resolution of a township,	10838
in a municipal or county court or in a court of common pleas and	10839
if the person gives to the trial judge or magistrate a written	10840
notice of the person's intention to file or apply for leave to	10841
file an appeal to the court of appeals, the trial judge or	10842
magistrate may suspend, subject to division (A)(2)(b) of section	10843
2953.09 of the Revised Code, execution of the sentence or judgment	10844
imposed for any fixed time that will give the person time either	10845
to prepare and file, or to apply for leave to file, the appeal. In	10846
all bailable cases, except as provided in division (B) of this	10847
section, the trial judge or magistrate may release the person on	10848
bail in accordance with Criminal Rule 46, and the bail shall at	10849
least be conditioned that the person will appeal without delay and	10850
abide by the judgment and sentence of the court.	10851

(B) Notwithstanding any provision of Criminal Rule 46 to the	10852
contrary, a trial judge of a court of common pleas shall not	10853
release on bail pursuant to division (A) of this section a person	10854
who is convicted of a bailable offense if the person is sentenced	10855
to imprisonment for life or if that offense is a violation of	10856
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2905.01,	10857
2905.02, 2905.11, 2907.02, 2909.02, 2911.01, 2911.02, or 2911.11	10858
of the Revised Code or is felonious sexual penetration in	10859
violation of former section 2907.12 of the Revised Code.	10860

(C) If a trial judge of a court of common pleas is prohibited	10861
by division (B) of this section from releasing on bail pursuant to	10862
division (A) of this section a person who is convicted of a	10863
bailable offense and not sentenced to imprisonment for life, the	10864
appropriate court of appeals or two judges of it, upon motion of	10865
such a person and for good cause shown, may release the person on	10866
bail in accordance with Appellate Rule 8 and Criminal Rule 46, and	10867
the bail shall at least be conditioned as described in division	10868
(A) of this section.	10869

Sec. 2950.01. As used in this chapter, unless the context	10870
clearly requires otherwise:	10871

(A) "Sexually oriented offense" means any of the following	10872
violations or offenses committed by a person, regardless of the	10873
person's age:	10874

(1) A violation of section 2907.02, 2907.03, 2907.05,	10875
2907.06, 2907.07, 2907.08, 2907.21, 2907.32, 2907.321, 2907.322,	10876
or 2907.323 of the Revised Code;	10877

(2) A violation of section 2907.04 of the Revised Code when	10878
the offender is less than four years older than the other person	10879
with whom the offender engaged in sexual conduct, the other person	10880
did not consent to the sexual conduct, and the offender previously	10881
has not been convicted of or pleaded guilty to a violation of	10882
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	10883
violation of former section 2907.12 of the Revised Code;	10884

(3) A violation of section 2907.04 of the Revised Code when	10885
the offender is at least four years older than the other person	10886
with whom the offender engaged in sexual conduct or when the	10887
offender is less than four years older than the other person with	10888
whom the offender engaged in sexual conduct and the offender	10889
previously has been convicted of or pleaded guilty to a violation	10890
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	10891
violation of former section 2907.12 of the Revised Code;	10892

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	10893
the Revised Code when the violation was committed with a sexual	10894
motivation;	10895

(5) A violation of division (A) of section 2903.04 of the	10896
Revised Code when the offender committed or attempted to commit	10897
the felony that is the basis of the violation with a sexual	10898
motivation;	10899

(6) A violation of division (A)(3) of section 2903.211 of the	10900
Revised Code;	10901

(7) A violation of division (A)(1), (2), (3), or (5) of	10902
section 2905.01 of the Revised Code when the offense is committed	10903
with a sexual motivation;	10904

(8) A violation of division (A)(4) of section 2905.01 of the	10905
Revised Code;	10906

(9) A violation of division (B) of section 2905.01 of the	10907
Revised Code when the victim of the offense is under eighteen	10908
years of age and the offender is not a parent of the victim of the	10909
offense;	10910

(10) A violation of division (B) of section 2905.02, of	10911
division (B) of section 2905.03, of division (B) of section	10912
2905.05, or of division (B)(5) of section 2919.22 of the Revised	10913
Code;	10914

(11) A violation of any former law of this state, any	10915
existing or former municipal ordinance, township resolution, or	10916
law of another state or the United States, any existing or former	10917
law applicable in a military court or in an Indian tribal court,	10918
or any existing or former law of any nation other than the United	10919
States that is or was substantially equivalent to any offense	10920
listed in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	10921
(9), or (10) of this section;	10922

(12) Any attempt to commit, conspiracy to commit, or	10923
complicity in committing any offense listed in division (A)(1),	10924
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of this	10925
section.	10926

(B)(1) "Sex offender" means, subject to division (B)(2) of	10927
this section, a person who is convicted of, pleads guilty to, has	10928
been convicted of, has pleaded guilty to, is adjudicated a	10929
delinquent child for committing, or has been adjudicated a	10930
delinquent child for committing any sexually oriented offense.	10931

(2) "Sex offender" does not include a person who is convicted	10932
of, pleads guilty to, has been convicted of, has pleaded guilty	10933
to, is adjudicated a delinquent child for committing, or has been	10934
adjudicated a delinquent child for committing a sexually oriented	10935
offense if the offense involves consensual sexual conduct or	10936
consensual sexual contact and either of the following applies:	10937

(a) The victim of the sexually oriented offense was eighteen	10938
years of age or older and at the time of the sexually oriented	10939
offense was not under the custodial authority of the person who is	10940
convicted of, pleads guilty to, has been convicted of, has pleaded	10941
guilty to, is adjudicated a delinquent child for committing, or	10942
has been adjudicated a delinquent child for committing the	10943
sexually oriented offense.	10944

(b) The victim of the offense was thirteen years of age or	10945
older, and the person who is convicted of, pleads guilty to, has	10946
been convicted of, has pleaded guilty to, is adjudicated a	10947
delinquent child for committing, or has been adjudicated a	10948
delinquent child for committing the sexually oriented offense is	10949
not more than four years older than the victim.	10950

(C) "Child-victim oriented offense" means any of the	10951
following violations or offenses committed by a person, regardless	10952
of the person's age, when the victim is under eighteen years of	10953
age and is not a child of the person who commits the violation:	10954

(1) A violation of division (A)(1), (2), (3), or (5) of	10955
section 2905.01 of the Revised Code when the violation is not	10956
included in division (A)(7) of this section;	10957

(2) A violation of division (A) of section 2905.02, division	10958
(A) of section 2905.03, or division (A) of section 2905.05 of the	10959
Revised Code;	10960

(3) A violation of any former law of this state, any existing	10961
or former municipal ordinance, township resolution, or law of	10962
another state or the United States, any existing or former law	10963
applicable in a military court or in an Indian tribal court, or	10964
any existing or former law of any nation other than the United	10965
States that is or was substantially equivalent to any offense	10966
listed in division (C)(1) or (2) of this section;	10967

(4) Any attempt to commit, conspiracy to commit, or	10968
complicity in committing any offense listed in division (C)(1),	10969
(2), or (3) of this section.	10970

(D) "Child-victim offender" means a person who is convicted	10971
of, pleads guilty to, has been convicted of, has pleaded guilty	10972
to, is adjudicated a delinquent child for committing, or has been	10973
adjudicated a delinquent child for committing any child-victim	10974
oriented offense.	10975

(E) "Tier I sex offender/child-victim offender" means any of	10976
the following:	10977

(1) A sex offender who is convicted of, pleads guilty to, has	10978
been convicted of, or has pleaded guilty to any of the following	10979
sexually oriented offenses:	10980

(a) A violation of section 2907.06, 2907.07, 2907.08, or	10981
2907.32 of the Revised Code;	10982

(b) A violation of section 2907.04 of the Revised Code when	10983
the offender is less than four years older than the other person	10984
with whom the offender engaged in sexual conduct, the other person	10985
did not consent to the sexual conduct, and the offender previously	10986
has not been convicted of or pleaded guilty to a violation of	10987
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	10988
violation of former section 2907.12 of the Revised Code;	10989

(c) A violation of division (A)(1), (2), (3), or (5) of	10990
section 2907.05 of the Revised Code;	10991

(d) A violation of division (A)(3) of section 2907.323 of the	10992
Revised Code;	10993

(e) A violation of division (A)(3) of section 2903.211, of	10994
division (B) of section 2905.03, or of division (B) of section	10995
2905.05 of the Revised Code;	10996

(f) A violation of any former law of this state, any existing	10997
or former municipal ordinance, township resolution, or law of	10998
another state or the United States, any existing or former law	10999
applicable in a military court or in an Indian tribal court, or	11000
any existing or former law of any nation other than the United	11001
States, that is or was substantially equivalent to any offense	11002
listed in division (E)(1)(a), (b), (c), (d), or (e) of this	11003
section;	11004

(g) Any attempt to commit, conspiracy to commit, or	11005
complicity in committing any offense listed in division (E)(1)(a),	11006
(b), (c), (d), (e), or (f) of this section.	11007

(2) A child-victim offender who is convicted of, pleads	11008
guilty to, has been convicted of, or has pleaded guilty to a	11009
child-victim oriented offense and who is not within either	11010
category of child-victim offender described in division (F)(2) or	11011
(G)(2) of this section.	11012

(3) A sex offender who is adjudicated a delinquent child for	11013
committing or has been adjudicated a delinquent child for	11014
committing any sexually oriented offense and who a juvenile court,	11015
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	11016
Revised Code, classifies a tier I sex offender/child-victim	11017
offender relative to the offense.	11018

(4) A child-victim offender who is adjudicated a delinquent	11019
child for committing or has been adjudicated a delinquent child	11020
for committing any child-victim oriented offense and who a	11021
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	11022
2152.85 of the Revised Code, classifies a tier I sex	11023
offender/child-victim offender relative to the offense.	11024

(F) "Tier II sex offender/child-victim offender" means any of	11025
the following:	11026

(1) A sex offender who is convicted of, pleads guilty to, has	11027
been convicted of, or has pleaded guilty to any of the following	11028
sexually oriented offenses:	11029

(a) A violation of section 2907.21, 2907.321, or 2907.322 of	11030
the Revised Code;	11031

(b) A violation of section 2907.04 of the Revised Code when	11032
the offender is at least four years older than the other person	11033
with whom the offender engaged in sexual conduct, or when the	11034
offender is less than four years older than the other person with	11035
whom the offender engaged in sexual conduct and the offender	11036
previously has been convicted of or pleaded guilty to a violation	11037
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	11038
former section 2907.12 of the Revised Code;	11039

(c) A violation of division (A)(4) of section 2907.05 or of	11040
division (A)(1) or (2) of section 2907.323 of the Revised Code;	11041

(d) A violation of division (A)(1), (2), (3), or (5) of	11042
section 2905.01 of the Revised Code when the offense is committed	11043
with a sexual motivation;	11044

(e) A violation of division (A)(4) of section 2905.01 of the	11045
Revised Code when the victim of the offense is eighteen years of	11046
age or older;	11047

(f) A violation of division (B) of section 2905.02 or of	11048
division (B)(5) of section 2919.22 of the Revised Code;	11049

(g) A violation of any former law of this state, any existing	11050
or former municipal ordinance, township resolution, or law of	11051
another state or the United States, any existing or former law	11052
applicable in a military court or in an Indian tribal court, or	11053
any existing or former law of any nation other than the United	11054
States that is or was substantially equivalent to any offense	11055
listed in division (F)(1)(a), (b), (c), (d), (e), or (f) of this	11056
section;	11057

(h) Any attempt to commit, conspiracy to commit, or	11058
complicity in committing any offense listed in division (F)(1)(a),	11059
(b), (c), (d), (e), (f), or (g) of this section;	11060

(i) Any sexually oriented offense that is committed after the	11061
sex offender previously has been convicted of, pleaded guilty to,	11062
or has been adjudicated a delinquent child for committing any	11063
sexually oriented offense or child-victim oriented offense for	11064
which the offender was classified a tier I sex	11065
offender/child-victim offender.	11066

(2) A child-victim offender who is convicted of, pleads	11067
guilty to, has been convicted of, or has pleaded guilty to any	11068
child-victim oriented offense when the child-victim oriented	11069
offense is committed after the child-victim offender previously	11070
has been convicted of, pleaded guilty to, or been adjudicated a	11071
delinquent child for committing any sexually oriented offense or	11072
child-victim oriented offense for which the offender was	11073
classified a tier I sex offender/child-victim offender.	11074

(3) A sex offender who is adjudicated a delinquent child for	11075
committing or has been adjudicated a delinquent child for	11076
committing any sexually oriented offense and who a juvenile court,	11077
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	11078
Revised Code, classifies a tier II sex offender/child-victim	11079
offender relative to the offense.	11080

(4) A child-victim offender who is adjudicated a delinquent	11081
child for committing or has been adjudicated a delinquent child	11082
for committing any child-victim oriented offense and whom a	11083
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	11084
2152.85 of the Revised Code, classifies a tier II sex	11085
offender/child-victim offender relative to the current offense.	11086

(5) A sex offender or child-victim offender who is not in any	11087
category of tier II sex offender/child-victim offender set forth	11088
in division (F)(1), (2), (3), or (4) of this section, who prior to	11089
January 1, 2008, was adjudicated a delinquent child for committing	11090
a sexually oriented offense or child-victim oriented offense, and	11091
who prior to that date was determined to be a habitual sex	11092
offender or determined to be a habitual child-victim offender,	11093
unless either of the following applies:	11094

(a) The sex offender or child-victim offender is reclassified	11095
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	11096
tier I sex offender/child-victim offender or a tier III sex	11097
offender/child-victim offender relative to the offense.	11098

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	11099
2152.84, or 2152.85 of the Revised Code, classifies the child a	11100
tier I sex offender/child-victim offender or a tier III sex	11101
offender/child-victim offender relative to the offense.	11102

(G) "Tier III sex offender/child-victim offender" means any	11103
of the following:	11104

(1) A sex offender who is convicted of, pleads guilty to, has	11105
been convicted of, or has pleaded guilty to any of the following	11106
sexually oriented offenses:	11107

(a) A violation of section 2907.02 or 2907.03 of the Revised	11108
Code;	11109

(b) A violation of division (B) of section 2907.05 of the	11110
Revised Code;	11111

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	11112
the Revised Code when the violation was committed with a sexual	11113
motivation;	11114

(d) A violation of division (A) of section 2903.04 of the	11115
Revised Code when the offender committed or attempted to commit	11116
the felony that is the basis of the violation with a sexual	11117
motivation;	11118

(e) A violation of division (A)(4) of section 2905.01 of the	11119
Revised Code when the victim of the offense is under eighteen	11120
years of age;	11121

(f) A violation of division (B) of section 2905.01 of the	11122
Revised Code when the victim of the offense is under eighteen	11123
years of age and the offender is not a parent of the victim of the	11124
offense;	11125

(g) A violation of any former law of this state, any existing	11126
or former municipal ordinance, township resolution, or law of	11127
another state or the United States, any existing or former law	11128
applicable in a military court or in an Indian tribal court, or	11129
any existing or former law of any nation other than the United	11130
States that is or was substantially equivalent to any offense	11131
listed in division (G)(1)(a), (b), (c), (d), (e), or (f) of this	11132
section;	11133

(h) Any attempt to commit, conspiracy to commit, or	11134
complicity in committing any offense listed in division (G)(1)(a),	11135
(b), (c), (d), (e), (f), or (g) of this section;	11136

(i) Any sexually oriented offense that is committed after the	11137
sex offender previously has been convicted of, pleaded guilty to,	11138
or been adjudicated a delinquent child for committing any sexually	11139
oriented offense or child-victim oriented offense for which the	11140
offender was classified a tier II sex offender/child-victim	11141
offender or a tier III sex offender/child-victim offender.	11142

(2) A child-victim offender who is convicted of, pleads	11143
guilty to, has been convicted of, or has pleaded guilty to any	11144
child-victim oriented offense when the child-victim oriented	11145
offense is committed after the child-victim offender previously	11146
has been convicted of, pleaded guilty to, or been adjudicated a	11147
delinquent child for committing any sexually oriented offense or	11148
child-victim oriented offense for which the offender was	11149
classified a tier II sex offender/child-victim offender or a tier	11150
III sex offender/child-victim offender.	11151

(3) A sex offender who is adjudicated a delinquent child for	11152
committing or has been adjudicated a delinquent child for	11153
committing any sexually oriented offense and who a juvenile court,	11154
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	11155
Revised Code, classifies a tier III sex offender/child-victim	11156
offender relative to the offense.	11157

(4) A child-victim offender who is adjudicated a delinquent	11158
child for committing or has been adjudicated a delinquent child	11159
for committing any child-victim oriented offense and whom a	11160
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	11161
2152.85 of the Revised Code, classifies a tier III sex	11162
offender/child-victim offender relative to the current offense.	11163

(5) A sex offender or child-victim offender who is not in	11164
any category of tier III sex offender/child-victim offender set	11165
forth in division (G)(1), (2), (3), or (4) of this section, who	11166
prior to January 1, 2008, was convicted of or pleaded guilty to a	11167
sexually oriented offense or child-victim oriented offense or was	11168
adjudicated a delinquent child for committing a sexually oriented	11169
offense or child-victim oriented offense and classified a juvenile	11170
offender registrant, and who prior to that date was adjudicated a	11171
sexual predator or adjudicated a child-victim predator, unless	11172
either of the following applies:	11173

(a) The sex offender or child-victim offender is reclassified	11174
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	11175
tier I sex offender/child-victim offender or a tier II sex	11176
offender/child-victim offender relative to the offense.	11177

(b) The sex offender or child-victim offender is a delinquent	11178
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	11179
2152.84, or 2152.85 of the Revised Code, classifies the child a	11180
tier I sex offender/child-victim offender or a tier II sex	11181
offender/child-victim offender relative to the offense.	11182

(6) A sex offender who is convicted of, pleads guilty to, was	11183
convicted of, or pleaded guilty to a sexually oriented offense, if	11184
the sexually oriented offense and the circumstances in which it	11185
was committed are such that division (F) of section 2971.03 of the	11186
Revised Code automatically classifies the offender as a tier III	11187
sex offender/child-victim offender;	11188

(7) A sex offender or child-victim offender who is convicted	11189
of, pleads guilty to, was convicted of, pleaded guilty to, is	11190
adjudicated a delinquent child for committing, or was adjudicated	11191
a delinquent child for committing a sexually oriented offense or	11192
child-victim offense in another state, in a federal court,	11193
military court, or Indian tribal court, or in a court in any	11194
nation other than the United States if both of the following	11195
apply:	11196

(a) Under the law of the jurisdiction in which the offender	11197
was convicted or pleaded guilty or the delinquent child was	11198
adjudicated, the offender or delinquent child is in a category	11199
substantially equivalent to a category of tier III sex	11200
offender/child-victim offender described in division (G)(1), (2),	11201
(3), (4), (5), or (6) of this section.	11202

(b) Subsequent to the conviction, plea of guilty, or	11203
adjudication in the other jurisdiction, the offender or delinquent	11204
child resides, has temporary domicile, attends school or an	11205
institution of higher education, is employed, or intends to reside	11206
in this state in any manner and for any period of time that	11207
subjects the offender or delinquent child to a duty to register or	11208
provide notice of intent to reside under section 2950.04 or	11209
2950.041 of the Revised Code.	11210

(H) "Confinement" includes, but is not limited to, a	11211
community residential sanction imposed pursuant to section 2929.16	11212
or 2929.26 of the Revised Code.	11213

(I) "Prosecutor" has the same meaning as in section 2935.01	11214
of the Revised Code.	11215

(J) "Supervised release" means a release of an offender from	11216
a prison term, a term of imprisonment, or another type of	11217
confinement that satisfies either of the following conditions:	11218

(1) The release is on parole, a conditional pardon, under a	11219
community control sanction, under transitional control, or under a	11220
post-release control sanction, and it requires the person to	11221
report to or be supervised by a parole officer, probation officer,	11222
field officer, or another type of supervising officer.	11223

(2) The release is any type of release that is not described	11224
in division (J)(1) of this section and that requires the person	11225
to report to or be supervised by a probation officer, a parole	11226
officer, a field officer, or another type of supervising officer.	11227

(K) "Sexually violent predator specification," "sexually	11228
violent predator," "sexually violent offense," "sexual motivation	11229
specification," "designated homicide, assault, or kidnapping	11230
offense," and "violent sex offense" have the same meanings as in	11231
section 2971.01 of the Revised Code.	11232

(L) "Post-release control sanction" and "transitional	11233
control" have the same meanings as in section 2967.01 of the	11234
Revised Code.	11235

(M) "Juvenile offender registrant" means a person who is	11236
adjudicated a delinquent child for committing on or after January	11237
1, 2002, a sexually oriented offense or a child-victim oriented	11238
offense, who is fourteen years of age or older at the time of	11239
committing the offense, and who a juvenile court judge, pursuant	11240
to an order issued under section 2152.82, 2152.83, 2152.84,	11241
2152.85, or 2152.86 of the Revised Code, classifies a juvenile	11242
offender registrant and specifies has a duty to comply with	11243
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	11244
Code. "Juvenile offender registrant" includes a person who prior	11245
to January 1, 2008, was a "juvenile offender registrant" under	11246
the definition of the term in existence prior to January 1, 2008,	11247
and a person who prior to July 31, 2003, was a "juvenile sex	11248
offender registrant" under the former definition of that former	11249
term.	11250

(N) "Public registry-qualified juvenile offender registrant"	11251
means a person who is adjudicated a delinquent child and on whom	11252
a juvenile court has imposed a serious youthful offender	11253
dispositional sentence under section 2152.13 of the Revised Code	11254
before, on, or after January 1, 2008, and to whom all of the	11255
following apply:	11256

(1) The person is adjudicated a delinquent child for	11257
committing, attempting to commit, conspiring to commit, or	11258
complicity in committing one of the following acts:	11259

(a) A violation of section 2907.02 of the Revised Code,	11260
division (B) of section 2907.05 of the Revised Code, or section	11261
2907.03 of the Revised Code if the victim of the violation was	11262
less than twelve years of age;	11263

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	11264
the Revised Code that was committed with a purpose to gratify the	11265
sexual needs or desires of the child.	11266

(2) The person was fourteen, fifteen, sixteen, or seventeen	11267
years of age at the time of committing the act.	11268

(3) A juvenile court judge, pursuant to an order issued under	11269
section 2152.86 of the Revised Code, classifies the person a	11270
juvenile offender registrant, specifies the person has a duty to	11271
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	11272
Code, and classifies the person a public registry-qualified	11273
juvenile offender registrant, and the classification of the person	11274
as a public registry-qualified juvenile offender registrant has	11275
not been terminated pursuant to division (D) of section 2152.86 of	11276
the Revised Code.	11277

(O) "Secure facility" means any facility that is designed and	11278
operated to ensure that all of its entrances and exits are locked	11279
and under the exclusive control of its staff and to ensure that,	11280
because of that exclusive control, no person who is	11281
institutionalized or confined in the facility may leave the	11282
facility without permission or supervision.	11283

(P) "Out-of-state juvenile offender registrant" means a	11284
person who is adjudicated a delinquent child in a court in another	11285
state, in a federal court, military court, or Indian tribal court,	11286
or in a court in any nation other than the United States for	11287
committing a sexually oriented offense or a child-victim oriented	11288
offense, who on or after January 1, 2002, moves to and resides in	11289
this state or temporarily is domiciled in this state for more than	11290
five days, and who has a duty under section 2950.04 or 2950.041	11291
of the Revised Code to register in this state and the duty to	11292
otherwise comply with that applicable section and sections	11293
2950.05 and 2950.06 of the Revised Code. "Out-of-state juvenile	11294
offender registrant" includes a person who prior to January 1,	11295
2008, was an "out-of-state juvenile offender registrant" under	11296
the definition of the term in existence prior to January 1, 2008,	11297
and a person who prior to July 31, 2003, was an "out-of-state	11298
juvenile sex offender registrant" under the former definition of	11299
that former term.	11300

(Q) "Juvenile court judge" includes a magistrate to whom the	11301
juvenile court judge confers duties pursuant to division (A)(15)	11302
of section 2151.23 of the Revised Code.	11303

(R) "Adjudicated a delinquent child for committing a	11304
sexually oriented offense" includes a child who receives a serious	11305
youthful offender dispositional sentence under section 2152.13 of	11306
the Revised Code for committing a sexually oriented offense.	11307

(S) "School" and "school premises" have the same meanings as	11308
in section 2925.01 of the Revised Code.	11309

(T) "Residential premises" means the building in which a	11310
residential unit is located and the grounds upon which that	11311
building stands, extending to the perimeter of the property.	11312
"Residential premises" includes any type of structure in which a	11313
residential unit is located, including, but not limited to,	11314
multi-unit buildings and mobile and manufactured homes.	11315

(U) "Residential unit" means a dwelling unit for residential	11316
use and occupancy, and includes the structure or part of a	11317
structure that is used as a home, residence, or sleeping place by	11318
one person who maintains a household or two or more persons who	11319
maintain a common household. "Residential unit" does not include	11320
a halfway house or a community-based correctional facility.	11321

(V) "Multi-unit building" means a building in which is	11322
located more than twelve residential units that have entry doors	11323
that open directly into the unit from a hallway that is shared	11324
with one or more other units. A residential unit is not considered	11325
located in a multi-unit building if the unit does not have an	11326
entry door that opens directly into the unit from a hallway that	11327
is shared with one or more other units or if the unit is in a	11328
building that is not a multi-unit building as described in this	11329
division.	11330

(W) "Community control sanction" has the same meaning as in	11331
section 2929.01 of the Revised Code.	11332

(X) "Halfway house" and "community-based correctional	11333
facility" have the same meanings as in section 2929.01 of the	11334
Revised Code.	11335

Sec. 2951.041. (A)(1) If an offender is charged with a	11336
criminal offense and the court has reason to believe that drug or	11337
alcohol usage by the offender was a factor leading to the	11338
offender's criminal behavior, the court may accept, prior to the	11339
entry of a guilty plea, the offender's request for intervention in	11340
lieu of conviction. The request shall include a waiver of the	11341
defendant's right to a speedy trial, the preliminary hearing, the	11342
time period within which the grand jury may consider an indictment	11343
against the offender, and arraignment, unless the hearing,	11344
indictment, or arraignment has already occurred. The court may	11345
reject an offender's request without a hearing. If the court	11346
elects to consider an offender's request, the court shall conduct	11347
a hearing to determine whether the offender is eligible under this	11348
section for intervention in lieu of conviction and shall stay all	11349
criminal proceedings pending the outcome of the hearing. If the	11350
court schedules a hearing, the court shall order an assessment of	11351
the offender for the purpose of determining the offender's	11352
eligibility for intervention in lieu of conviction and	11353
recommending an appropriate intervention plan.	11354

(2) The victim notification provisions of division (C) of	11355
section 2930.08 of the Revised Code apply in relation to any	11356
hearing held under division (A)(1) of this section.	11357

(B) An offender is eligible for intervention in lieu of	11358
conviction if the court finds all of the following:	11359

(1) The offender previously has not been convicted of or	11360
pleaded guilty to a felony, previously has not been through	11361
intervention in lieu of conviction under this section or any	11362
similar regimen, and is charged with a felony for which the court,	11363
upon conviction, would impose sentence under division (B)(2)(b) of	11364
section 2929.13 of the Revised Code or with a misdemeanor.	11365

(2) The offense is not a felony of the first, second, or	11366
third degree, is not an offense of violence, is not a violation of	11367
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	11368
not a violation of division (A)(1) of section 2903.08 of the	11369
Revised Code, is not a violation of division (A) of section	11370
4511.19 of the Revised Code or a municipal ordinance or township	11371
resolution that is substantially similar to that division, and is	11372
not an offense for which a sentencing court is required to impose	11373
a mandatory prison term, a mandatory term of local incarceration,	11374
or a mandatory term of imprisonment in a jail.	11375

(3) The offender is not charged with a violation of section	11376
2925.02, 2925.03, 2925.04, or 2925.06 of the Revised Code and is	11377
not charged with a violation of section 2925.11 of the Revised	11378
Code that is a felony of the first, second, or third degree.	11379

(4) The offender is not charged with a violation of section	11380
2925.11 of the Revised Code that is a felony of the fourth degree,	11381
or the offender is charged with a violation of that section that	11382
is a felony of the fourth degree and the prosecutor in the case	11383
has recommended that the offender be classified as being eligible	11384
for intervention in lieu of conviction under this section.	11385

(5) The offender has been assessed by an appropriately	11386
licensed provider, certified facility, or licensed and	11387
credentialed professional, including, but not limited to, a	11388
program licensed by the department of alcohol and drug addiction	11389
services pursuant to section 3793.11 of the Revised Code, a	11390
program certified by that department pursuant to section 3793.06	11391
of the Revised Code, a public or private hospital, the United	11392
States department of veterans affairs, another appropriate agency	11393
of the government of the United States, or a licensed physician,	11394
psychiatrist, psychologist, independent social worker,	11395
professional counselor, or chemical dependency counselor for the	11396
purpose of determining the offender's eligibility for intervention	11397
in lieu of conviction and recommending an appropriate intervention	11398
plan.	11399

(6) The offender's drug or alcohol usage was a factor leading	11400
to the criminal offense with which the offender is charged,	11401
intervention in lieu of conviction would not demean the	11402
seriousness of the offense, and intervention would substantially	11403
reduce the likelihood of any future criminal activity.	11404

(7) The alleged victim of the offense was not sixty-five	11405
years of age or older, permanently and totally disabled, under	11406
thirteen years of age, or a peace officer engaged in the officer's	11407
official duties at the time of the alleged offense.	11408

(8) If the offender is charged with a violation of section	11409
2925.24 of the Revised Code, the alleged violation did not result	11410
in physical harm to any person, and the offender previously has	11411
not been treated for drug abuse.	11412

(9) The offender is willing to comply with all terms and	11413
conditions imposed by the court pursuant to division (D) of this	11414
section.	11415

(C) At the conclusion of a hearing held pursuant to division	11416
(A) of this section, the court shall enter its determination as to	11417
whether the offender is eligible for intervention in lieu of	11418
conviction and as to whether to grant the offender's request. If	11419
the court finds under division (B) of this section that the	11420
offender is eligible for intervention in lieu of conviction and	11421
grants the offender's request, the court shall accept the	11422
offender's plea of guilty and waiver of the defendant's right to a	11423
speedy trial, the preliminary hearing, the time period within	11424
which the grand jury may consider an indictment against the	11425
offender, and arraignment, unless the hearing, indictment, or	11426
arraignment has already occurred. In addition, the court then may	11427
stay all criminal proceedings and order the offender to comply	11428
with all terms and conditions imposed by the court pursuant to	11429
division (D) of this section. If the court finds that the offender	11430
is not eligible or does not grant the offender's request, the	11431
criminal proceedings against the offender shall proceed as if the	11432
offender's request for intervention in lieu of conviction had not	11433
been made.	11434

(D) If the court grants an offender's request for	11435
intervention in lieu of conviction, the court shall place the	11436
offender under the general control and supervision of the county	11437
probation department, the adult parole authority, or another	11438
appropriate local probation or court services agency, if one	11439
exists, as if the offender was subject to a community control	11440
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	11441
Revised Code. The court shall establish an intervention plan for	11442
the offender. The terms and conditions of the intervention plan	11443
shall require the offender, for at least one year from the date on	11444
which the court grants the order of intervention in lieu of	11445
conviction, to abstain from the use of illegal drugs and alcohol	11446
and to submit to regular random testing for drug and alcohol use	11447
and may include any other treatment terms and conditions, or terms	11448
and conditions similar to community control sanctions, that are	11449
ordered by the court.	11450

(E) If the court grants an offender's request for	11451
intervention in lieu of conviction and the court finds that the	11452
offender has successfully completed the intervention plan for the	11453
offender, including the requirement that the offender abstain from	11454
using drugs and alcohol for a period of at least one year from the	11455
date on which the court granted the order of intervention in lieu	11456
of conviction and all other terms and conditions ordered by the	11457
court, the court shall dismiss the proceedings against the	11458
offender. Successful completion of the intervention plan and	11459
period of abstinence under this section shall be without	11460
adjudication of guilt and is not a criminal conviction for	11461
purposes of any disqualification or disability imposed by law and	11462
upon conviction of a crime, and the court may order the sealing of	11463
records related to the offense in question in the manner provided	11464
in sections 2953.31 to 2953.36 of the Revised Code.	11465

(F) If the court grants an offender's request for	11466
intervention in lieu of conviction and the offender fails to	11467
comply with any term or condition imposed as part of the	11468
intervention plan for the offender, the supervising authority for	11469
the offender promptly shall advise the court of this failure, and	11470
the court shall hold a hearing to determine whether the offender	11471
failed to comply with any term or condition imposed as part of the	11472
plan. If the court determines that the offender has failed to	11473
comply with any of those terms and conditions, it shall enter a	11474
finding of guilty and shall impose an appropriate sanction under	11475
Chapter 2929. of the Revised Code.	11476

(G) As used in this section:

11477

(1) "Community control sanction" has the same meaning as in	11478
section 2929.01 of the Revised Code.	11479

(2) "Intervention in lieu of conviction" means any	11480
court-supervised activity that complies with this section.	11481

(3) "Peace officer" has the same meaning as in section	11482
2935.01 of the Revised Code.	11483

Sec. 2953.02. In a capital case in which a sentence of death	11484
is imposed for an offense committed before January 1, 1995, and in	11485
any other criminal case, including a conviction for the violation	11486
of an ordinance of a municipal corporation or a resolution of a	11487
township, the judgment or final order of a court of record	11488
inferior to the court of appeals may be reviewed in the court of	11489
appeals. A final order of an administrative officer or agency may	11490
be reviewed in the court of common pleas. A judgment or final	11491
order of the court of appeals involving a question arising under	11492
the Constitution of the United States or of this state may be	11493
appealed to the supreme court as a matter of right. This right of	11494
appeal from judgments and final orders of the court of appeals	11495
shall extend to cases in which a sentence of death is imposed for	11496
an offense committed before January 1, 1995, and in which the	11497
death penalty has been affirmed, felony cases in which the supreme	11498
court has directed the court of appeals to certify its record, and	11499
in all other criminal cases of public or general interest wherein	11500
the supreme court has granted a motion to certify the record of	11501
the court of appeals. In a capital case in which a sentence of	11502
death is imposed for an offense committed on or after January 1,	11503
1995, the judgment or final order may be appealed from the trial	11504
court directly to the supreme court as a matter of right. The	11505
supreme court in criminal cases shall not be required to determine	11506
as to the weight of the evidence, except that, in cases in which a	11507
sentence of death is imposed for an offense committed on or after	11508
January 1, 1995, and in which the question of the weight of the	11509
evidence to support the judgment has been raised on appeal, the	11510
supreme court shall determine as to the weight of the evidence to	11511
support the judgment and shall determine as to the weight of the	11512
evidence to support the sentence of death as provided in section	11513
2929.05 of the Revised Code.	11514

Sec. 2953.03. (A) If a motion for a new trial is filed	11515
pursuant to Criminal Rule 33 by a defendant who is convicted of a	11516
misdemeanor under the Revised Code or an ordinance of a municipal	11517
corporation or resolution of a township, and if that defendant was	11518
on bail at the time of the conviction of that offense, the trial	11519
judge or magistrate shall suspend execution of the sentence or	11520
judgment imposed pending the determination on the motion for a new	11521
trial and shall determine the amount and nature of any bail that	11522
is required of the defendant in accordance with Criminal Rule 46.	11523

(B) If a notice of appeal is filed pursuant to the Rules of	11524
Appellate Procedure or Chapter 1905. of the Revised Code by a	11525
defendant who is convicted in a municipal, county, or ~~mayor's~~	11526
community court or a court of common pleas of a misdemeanor under	11527
the Revised Code or, an ordinance of a municipal corporation, or a	11528
resolution of a township, if that defendant was on bail at the	11529
time of the conviction of that offense, and if execution of the	11530
sentence or judgment imposed is suspended, the trial court or	11531
magistrate or the court in which the appeal is being prosecuted	11532
shall determine the amount and nature of any bail that is	11533
required of the defendant ~~as follows:~~	11534

~~(1) In the case of an appeal to a court of appeals by a~~	11535
~~defendant who is convicted in a municipal or county court or a~~	11536
~~court of common pleas,~~ in accordance with Appellate Rule 8 and	11537
Criminal Rule 46;	11538

~~(2) In the case of an appeal to a municipal or county court~~	11539
~~by a defendant who is convicted in a mayor's court, in accordance~~	11540
~~with Criminal Rule 46~~.	11541

Sec. 2953.07. (A) Upon the hearing of an appeal ~~other than~~	11542
~~an appeal from a mayor's court~~, the appellate court may affirm the	11543
judgment or reverse it, in whole or in part, or modify it, and	11544
order the accused to be discharged or grant a new trial. The	11545
appellate court may remand the accused for the sole purpose of	11546
correcting a sentence imposed contrary to law, provided that, on	11547
an appeal of a sentence imposed upon a person who is convicted of	11548
or pleads guilty to a felony that is brought under section 2953.08	11549
of the Revised Code, division (G) of that section applies to the	11550
court. If the judgment is reversed, the appellant shall recover	11551
from the appellee all court costs incurred to secure the reversal,	11552
including the cost of transcripts. In capital cases, when the	11553
judgment is affirmed and the day fixed for the execution is	11554
passed, the appellate court shall appoint a day for it, and the	11555
clerk of the appellate court shall issue a warrant under the seal	11556
of the appellate court, to the sheriff of the proper county, or	11557
the warden of the appropriate state correctional institution,	11558
commanding the sheriff or warden to carry the sentence into	11559
execution on the day so appointed. The sheriff or warden shall	11560
execute and return the warrant as in other cases, and the clerk	11561
shall record the warrant and return.	11562

(B) As used in this section, "appellate court" means, for a	11563
case in which a sentence of death is imposed for an offense	11564
committed before January 1, 1995, both the court of appeals and	11565
the supreme court, and for a case in which a sentence of death is	11566
imposed for an offense committed on or after January 1, 1995, the	11567
supreme court.	11568

Sec. 2953.09. (A)(1) Upon filing an appeal in the supreme	11569
court, the execution of the sentence or judgment imposed in cases	11570
of felony is suspended.	11571

(2)(a) If a notice of appeal is filed pursuant to the Rules	11572
of Appellate Procedure by a defendant who is convicted in a	11573
municipal orcourt, county court, community court, or a court of	11574
common pleas of a felony or misdemeanor under the Revised Code or,	11575
an ordinance of a municipal corporation, or a resolution of a	11576
township, the filing of the notice of appeal does not suspend	11577
execution of the sentence or judgment imposed. However, consistent	11578
with divisions (A)(2)(b), (B), and (C) of this section, Appellate	11579
Rule 8, and Criminal Rule 46, the municipal or county court, court	11580
of common pleas, or court of appeals may suspend execution of the	11581
sentence or judgment imposed during the pendency of the appeal and	11582
shall determine whether that defendant is entitled to bail and the	11583
amount and nature of any bail that is required. The bail shall at	11584
least be conditioned that the defendant will prosecute the appeal	11585
without delay and abide by the judgment and sentence of the court.	11586

(b)(i) A court of common pleas or court of appeals may	11587
suspend the execution of a sentence of death imposed for an	11588
offense committed before January 1, 1995, only if no date for	11589
execution has been set by the supreme court, good cause is shown	11590
for the suspension, the defendant files a motion requesting the	11591
suspension, and notice has been given to the prosecuting attorney	11592
of the appropriate county.	11593

(ii) A court of common pleas may suspend the execution of a	11594
sentence of death imposed for an offense committed on or after	11595
January 1, 1995, only if no date for execution has been set by the	11596
supreme court, good cause is shown, the defendant files a motion	11597
requesting the suspension, and notice has been given to the	11598
prosecuting attorney of the appropriate county.	11599

(iii) A court of common pleas or court of appeals may suspend	11600
the execution of the sentence or judgment imposed for a felony in	11601
a capital case in which a sentence of death is not imposed only if	11602
no date for execution of the sentence has been set by the supreme	11603
court, good cause is shown for the suspension, the defendant files	11604
a motion requesting the suspension, and only after notice has been	11605
given to the prosecuting attorney of the appropriate county.	11606

(B) Notwithstanding any provision of Criminal Rule 46 to the	11607
contrary, a trial judge of a court of common pleas shall not	11608
release on bail pursuant to division (A)(2)(a) of this section a	11609
defendant who is convicted of a bailable offense if the defendant	11610
is sentenced to imprisonment for life or if that offense is a	11611
violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,	11612
2905.01, 2905.02, 2905.11, 2907.02, 2909.02, 2911.01, 2911.02, or	11613
2911.11 of the Revised Code or is felonious sexual penetration in	11614
violation of former section 2907.12 of the Revised Code.	11615

(C) If a trial judge of a court of common pleas is prohibited	11616
by division (B) of this section from releasing on bail pursuant to	11617
division (A)(2)(a) of this section a defendant who is convicted of	11618
a bailable offense and not sentenced to imprisonment for life, the	11619
appropriate court of appeals or two judges of it, upon motion of	11620
the defendant and for good cause shown, may release the defendant	11621
on bail in accordance with division (A)(2) of this section.	11622

Sec. 2953.31. As used in sections 2953.31 to 2953.36 of the	11623
Revised Code:	11624

(A) "First offender" means anyone who has been convicted of	11625
an offense in this state or any other jurisdiction and who	11626
previously or subsequently has not been convicted of the same or a	11627
different offense in this state or any other jurisdiction. When	11628
two or more convictions result from or are connected with the same	11629
act or result from offenses committed at the same time, they shall	11630
be counted as one conviction. When two or three convictions result	11631
from the same indictment, information, or complaint, from the same	11632
plea of guilty, or from the same official proceeding, and result	11633
from related criminal acts that were committed within a	11634
three-month period but do not result from the same act or from	11635
offenses committed at the same time, they shall be counted as one	11636
conviction, provided that a court may decide as provided in	11637
division (C)(1)(a) of section 2953.32 of the Revised Code that it	11638
is not in the public interest for the two or three convictions to	11639
be counted as one conviction.	11640

For purposes of, and except as otherwise provided in, this	11641
division, a conviction for a minor misdemeanor, for a violation of	11642
any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the	11643
Revised Code, or for a violation of a municipal ordinance or	11644
township resolution that is substantially similar to any section	11645
in those chapters is not a previous or subsequent conviction.	11646
However, a conviction for a violation of section 4511.19,	11647
4511.251, 4549.02, 4549.021, 4549.03, 4549.042, or 4549.62 or	11648
sections 4549.41 to 4549.46 of the Revised Code, for a violation	11649
of section 4510.11 or 4510.14 of the Revised Code that is based	11650
upon the offender's operation of a vehicle during a suspension	11651
imposed under section 4511.191 or 4511.196 of the Revised Code,	11652
for a violation of a substantially equivalent municipal ordinance	11653
or township resolution, for a felony violation of Title XLV of the	11654
Revised Code, or for a violation of a substantially equivalent	11655
former law of this state or former municipal ordinance or township	11656
resolution shall be considered a previous or subsequent	11657
conviction.	11658

(B) "Prosecutor" means the county prosecuting attorney, city	11659
director of law, village solicitor, or similar chief legal	11660
officer, who has the authority to prosecute a criminal case in the	11661
court in which the case is filed.	11662

(C) "Bail forfeiture" means the forfeiture of bail by a	11663
defendant who is arrested for the commission of a misdemeanor,	11664
other than a defendant in a traffic case as defined in Traffic	11665
Rule 2, if the forfeiture is pursuant to an agreement with the	11666
court and prosecutor in the case.	11667

(D) "Official records" has the same meaning as in division	11668
(D) of section 2953.51 of the Revised Code.	11669

(E) "Official proceeding" has the same meaning as in section	11670
2921.01 of the Revised Code.	11671

(F) "Community control sanction" has the same meaning as in	11672
section 2929.01 of the Revised Code.	11673

(G) "Post-release control" and "post-release control	11674
sanction" have the same meanings as in section 2967.01 of the	11675
Revised Code.	11676

Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised	11677
Code do not apply to any of the following:	11678

(A) Convictions when the offender is subject to a mandatory	11679
prison term;	11680

(B) Convictions under section 2907.02, 2907.03, 2907.04,	11681
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section	11682
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised	11683
Code, or a conviction for a violation of a municipal ordinance or	11684
township resolution that is substantially similar to any section	11685
contained in any of those chapters;	11686

(C) Convictions of an offense of violence when the offense	11687
is a misdemeanor of the first degree or a felony and when the	11688
offense is not a violation of section 2917.03 of the Revised Code	11689
and is not a violation of section 2903.13, 2917.01, or 2917.31 of	11690
the Revised Code that is a misdemeanor of the first degree;	11691

(D) Convictions on or after ~~the effective date of this~~	11692
~~amendment~~October 10, 2007, under section 2907.07 of the Revised	11693
Code or a conviction on or after ~~the effective date of this~~	11694
~~amendment~~October 10, 2007, for a violation of a municipal	11695
ordinance that is substantially similar to that section;	11696

(E) Convictions on or after ~~the effective date of this~~	11697
~~amendment~~October 10, 2007, under section 2907.08, 2907.09,	11698
2907.21, 2907.22, 2907.23, 2907.31, 2907.311, 2907.32, or	11699
2907.33 of the Revised Code when the victim of the offense was	11700
under eighteen years of age;	11701

(F) Convictions of an offense in circumstances in which the	11702
victim of the offense was under eighteen years of age when the	11703
offense is a misdemeanor of the first degree or a felony;	11704

(G) Convictions of a felony of the first or second degree;

11705

(H) Bail forfeitures in a traffic case as defined in Traffic	11706
Rule 2.	11707

Sec. 3113.31. (A) As used in this section:

11708

(1) "Domestic violence" means the occurrence of one or more	11709
of the following acts against a family or household member:	11710

(a) Attempting to cause or recklessly causing bodily injury;

11711

(b) Placing another person by the threat of force in fear of	11712
imminent serious physical harm or committing a violation of	11713
section 2903.211 or 2911.211 of the Revised Code;	11714

(c) Committing any act with respect to a child that would	11715
result in the child being an abused child, as defined in section	11716
2151.031 of the Revised Code;	11717

(d) Committing a sexually oriented offense.

11718

(2) "Court" means the domestic relations division of the	11719
court of common pleas in counties that have a domestic relations	11720
division, and the court of common pleas in counties that do not	11721
have a domestic relations division.	11722

(3) "Family or household member" means any of the following:

11723

(a) Any of the following who is residing with or has resided	11724
with the respondent:	11725

(i) A spouse, a person living as a spouse, or a former spouse	11726
of the respondent;	11727

(ii) A parent or a child of the respondent, or another person	11728
related by consanguinity or affinity to the respondent;	11729

(iii) A parent or a child of a spouse, person living as a	11730
spouse, or former spouse of the respondent, or another person	11731
related by consanguinity or affinity to a spouse, person living as	11732
a spouse, or former spouse of the respondent.	11733

(b) The natural parent of any child of whom the respondent is	11734
the other natural parent or is the putative other natural parent.	11735

(4) "Person living as a spouse" means a person who is living	11736
or has lived with the respondent in a common law marital	11737
relationship, who otherwise is cohabiting with the respondent, or	11738
who otherwise has cohabited with the respondent within five years	11739
prior to the date of the alleged occurrence of the act in	11740
question.	11741

(5) "Victim advocate" means a person who provides support and	11742
assistance for a person who files a petition under this section.	11743

(6) "Sexually oriented offense" has the same meaning as in	11744
section 2950.01 of the Revised Code.	11745

(B) The court has jurisdiction over all proceedings under	11746
this section. The petitioner's right to relief under this section	11747
is not affected by the petitioner's leaving the residence or	11748
household to avoid further domestic violence.	11749

(C) A person may seek relief under this section on the	11750
person's own behalf, or any parent or adult household member may	11751
seek relief under this section on behalf of any other family or	11752
household member, by filing a petition with the court. The	11753
petition shall contain or state:	11754

(1) An allegation that the respondent engaged in domestic	11755
violence against a family or household member of the respondent,	11756
including a description of the nature and extent of the domestic	11757
violence;	11758

(2) The relationship of the respondent to the petitioner, and	11759
to the victim if other than the petitioner;	11760

(3) A request for relief under this section.

11761

(D)(1) If a person who files a petition pursuant to this	11762
section requests an ex parte order, the court shall hold an ex	11763
parte hearing on the same day that the petition is filed. The	11764
court, for good cause shown at the ex parte hearing, may enter any	11765
temporary orders, with or without bond, including, but not limited	11766
to, an order described in division (E)(1)(a), (b), or (c) of this	11767
section, that the court finds necessary to protect the family or	11768
household member from domestic violence. Immediate and present	11769
danger of domestic violence to the family or household member	11770
constitutes good cause for purposes of this section. Immediate and	11771
present danger includes, but is not limited to, situations in	11772
which the respondent has threatened the family or household member	11773
with bodily harm, in which the respondent has threatened the	11774
family or household member with a sexually oriented offense, or in	11775
which the respondent previously has been convicted of or pleaded	11776
guilty to an offense that constitutes domestic violence against	11777
the family or household member.	11778

(2)(a) If the court, after an ex parte hearing, issues an	11779
order described in division (E)(1)(b) or (c) of this section, the	11780
court shall schedule a full hearing for a date that is within	11781
seven court days after the ex parte hearing. If any other type of	11782
protection order that is authorized under division (E) of this	11783
section is issued by the court after an ex parte hearing, the	11784
court shall schedule a full hearing for a date that is within ten	11785
court days after the ex parte hearing. The court shall give the	11786
respondent notice of, and an opportunity to be heard at, the full	11787
hearing. The court shall hold the full hearing on the date	11788
scheduled under this division unless the court grants a	11789
continuance of the hearing in accordance with this division. Under	11790
any of the following circumstances or for any of the following	11791
reasons, the court may grant a continuance of the full hearing to	11792
a reasonable time determined by the court:	11793

(i) Prior to the date scheduled for the full hearing under	11794
this division, the respondent has not been served with the	11795
petition filed pursuant to this section and notice of the full	11796
hearing.	11797

(ii) The parties consent to the continuance.

11798

(iii) The continuance is needed to allow a party to obtain	11799
counsel.	11800

(iv) The continuance is needed for other good cause.

11801

(b) An ex parte order issued under this section does not	11802
expire because of a failure to serve notice of the full hearing	11803
upon the respondent before the date set for the full hearing under	11804
division (D)(2)(a) of this section or because the court grants a	11805
continuance under that division.	11806

(3) If a person who files a petition pursuant to this section	11807
does not request an ex parte order, or if a person requests an ex	11808
parte order but the court does not issue an ex parte order after	11809
an ex parte hearing, the court shall proceed as in a normal civil	11810
action and grant a full hearing on the matter.	11811

(E)(1) After an ex parte or full hearing, the court may grant	11812
any protection order, with or without bond, or approve any consent	11813
agreement to bring about a cessation of domestic violence against	11814
the family or household members. The order or agreement may:	11815

(a) Direct the respondent to refrain from abusing or from	11816
committing sexually oriented offenses against the family or	11817
household members;	11818

(b) Grant possession of the residence or household to the	11819
petitioner or other family or household member, to the exclusion	11820
of the respondent, by evicting the respondent, when the residence	11821
or household is owned or leased solely by the petitioner or other	11822
family or household member, or by ordering the respondent to	11823
vacate the premises, when the residence or household is jointly	11824
owned or leased by the respondent, and the petitioner or other	11825
family or household member;	11826

(c) When the respondent has a duty to support the petitioner	11827
or other family or household member living in the residence or	11828
household and the respondent is the sole owner or lessee of the	11829
residence or household, grant possession of the residence or	11830
household to the petitioner or other family or household member,	11831
to the exclusion of the respondent, by ordering the respondent to	11832
vacate the premises, or, in the case of a consent agreement, allow	11833
the respondent to provide suitable, alternative housing;	11834

(d) Temporarily allocate parental rights and responsibilities	11835
for the care of, or establish temporary parenting time rights with	11836
regard to, minor children, if no other court has determined, or is	11837
determining, the allocation of parental rights and	11838
responsibilities for the minor children or parenting time rights;	11839

(e) Require the respondent to maintain support, if the	11840
respondent customarily provides for or contributes to the support	11841
of the family or household member, or if the respondent has a duty	11842
to support the petitioner or family or household member;	11843

(f) Require the respondent, petitioner, victim of domestic	11844
violence, or any combination of those persons, to seek counseling;	11845

(g) Require the respondent to refrain from entering the	11846
residence, school, business, or place of employment of the	11847
petitioner or family or household member;	11848

(h) Grant other relief that the court considers equitable and	11849
fair, including, but not limited to, ordering the respondent to	11850
permit the use of a motor vehicle by the petitioner or other	11851
family or household member and the apportionment of household and	11852
family personal property.	11853

(2) If a protection order has been issued pursuant to this	11854
section in a prior action involving the respondent and the	11855
petitioner or one or more of the family or household members or	11856
victims, the court may include in a protection order that it	11857
issues a prohibition against the respondent returning to the	11858
residence or household. If it includes a prohibition against the	11859
respondent returning to the residence or household in the order,	11860
it also shall include in the order provisions of the type	11861
described in division (E)(7) of this section. This division does	11862
not preclude the court from including in a protection order or	11863
consent agreement, in circumstances other than those described in	11864
this division, a requirement that the respondent be evicted from	11865
or vacate the residence or household or refrain from entering the	11866
residence, school, business, or place of employment of the	11867
petitioner or a family or household member, and, if the court	11868
includes any requirement of that type in an order or agreement,	11869
the court also shall include in the order provisions of the type	11870
described in division (E)(7) of this section.	11871

(3)(a) Any protection order issued or consent agreement	11872
approved under this section shall be valid until a date certain,	11873
but not later than five years from the date of its issuance or	11874
approval unless modified or terminated as provided in division	11875
(E)(8) of this section.	11876

(b) Subject to the limitation on the duration of an order or	11877
agreement set forth in division (E)(3)(a) of this section, any	11878
order under division (E)(1)(d) of this section shall terminate on	11879
the date that a court in an action for divorce, dissolution of	11880
marriage, or legal separation brought by the petitioner or	11881
respondent issues an order allocating parental rights and	11882
responsibilities for the care of children or on the date that a	11883
juvenile court in an action brought by the petitioner or	11884
respondent issues an order awarding legal custody of minor	11885
children. Subject to the limitation on the duration of an order or	11886
agreement set forth in division (E)(3)(a) of this section, any	11887
order under division (E)(1)(e) of this section shall terminate on	11888
the date that a court in an action for divorce, dissolution of	11889
marriage, or legal separation brought by the petitioner or	11890
respondent issues a support order or on the date that a juvenile	11891
court in an action brought by the petitioner or respondent issues	11892
a support order.	11893

(c) Any protection order issued or consent agreement approved	11894
pursuant to this section may be renewed in the same manner as the	11895
original order or agreement was issued or approved.	11896

(4) A court may not issue a protection order that requires a	11897
petitioner to do or to refrain from doing an act that the court	11898
may require a respondent to do or to refrain from doing under	11899
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	11900
section unless all of the following apply:	11901

(a) The respondent files a separate petition for a protection	11902
order in accordance with this section.	11903

(b) The petitioner is served notice of the respondent's	11904
petition at least forty-eight hours before the court holds a	11905
hearing with respect to the respondent's petition, or the	11906
petitioner waives the right to receive this notice.	11907

(c) If the petitioner has requested an ex parte order	11908
pursuant to division (D) of this section, the court does not delay	11909
any hearing required by that division beyond the time specified in	11910
that division in order to consolidate the hearing with a hearing	11911
on the petition filed by the respondent.	11912

(d) After a full hearing at which the respondent presents	11913
evidence in support of the request for a protection order and the	11914
petitioner is afforded an opportunity to defend against that	11915
evidence, the court determines that the petitioner has committed	11916
an act of domestic violence or has violated a temporary protection	11917
order issued pursuant to section 2919.26 of the Revised Code, that	11918
both the petitioner and the respondent acted primarily as	11919
aggressors, and that neither the petitioner nor the respondent	11920
acted primarily in self-defense.	11921

(5) No protection order issued or consent agreement approved	11922
under this section shall in any manner affect title to any real	11923
property.	11924

(6)(a) If a petitioner, or the child of a petitioner, who	11925
obtains a protection order or consent agreement pursuant to	11926
division (E)(1) of this section or a temporary protection order	11927
pursuant to section 2919.26 of the Revised Code and is the subject	11928
of a parenting time order issued pursuant to section 3109.051 or	11929
3109.12 of the Revised Code or a visitation or companionship order	11930
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	11931
Revised Code or division (E)(1)(d) of this section granting	11932
parenting time rights to the respondent, the court may require the	11933
public children services agency of the county in which the court	11934
is located to provide supervision of the respondent's exercise of	11935
parenting time or visitation or companionship rights with respect	11936
to the child for a period not to exceed nine months, if the court	11937
makes the following findings of fact:	11938

(i) The child is in danger from the respondent;

11939

(ii) No other person or agency is available to provide the	11940
supervision.	11941

(b) A court that requires an agency to provide supervision	11942
pursuant to division (E)(6)(a) of this section shall order the	11943
respondent to reimburse the agency for the cost of providing the	11944
supervision, if it determines that the respondent has sufficient	11945
income or resources to pay that cost.	11946

(7)(a) If a protection order issued or consent agreement	11947
approved under this section includes a requirement that the	11948
respondent be evicted from or vacate the residence or household or	11949
refrain from entering the residence, school, business, or place of	11950
employment of the petitioner or a family or household member, the	11951
order or agreement shall state clearly that the order or agreement	11952
cannot be waived or nullified by an invitation to the respondent	11953
from the petitioner or other family or household member to enter	11954
the residence, school, business, or place of employment or by the	11955
respondent's entry into one of those places otherwise upon the	11956
consent of the petitioner or other family or household member.	11957

(b) Division (E)(7)(a) of this section does not limit any	11958
discretion of a court to determine that a respondent charged with	11959
a violation of section 2919.27 of the Revised Code, with a	11960
violation of a municipal ordinance or township resolution	11961
substantially equivalent to that section, or with contempt of	11962
court, which charge is based on an alleged violation of a	11963
protection order issued or consent agreement approved under this	11964
section, did not commit the violation or was not in contempt of	11965
court.	11966

(8)(a) The court may modify or terminate as provided in	11967
division (E)(8) of this section a protection order or consent	11968
agreement that was issued after a full hearing under this section.	11969
The court that issued the protection order or approved the consent	11970
agreement shall hear a motion for modification or termination of	11971
the protection order or consent agreement pursuant to division	11972
(E)(8) of this section.	11973

(b) Either the petitioner or the respondent of the original	11974
protection order or consent agreement may bring a motion for	11975
modification or termination of a protection order or consent	11976
agreement that was issued or approved after a full hearing. The	11977
court shall require notice of the motion to be made as provided by	11978
the Rules of Civil Procedure. If the petitioner for the original	11979
protection order or consent agreement has requested that the	11980
petitioner's address be kept confidential, the court shall not	11981
disclose the address to the respondent of the original protection	11982
order or consent agreement or any other person, except as	11983
otherwise required by law. The moving party has the burden of	11984
proof to show, by a preponderance of the evidence, that	11985
modification or termination of the protection order or consent	11986
agreement is appropriate because either the protection order or	11987
consent agreement is no longer needed or because the terms of the	11988
original protection order or consent agreement are no longer	11989
appropriate.	11990

(c) In considering whether to modify or terminate a	11991
protection order or consent agreement issued or approved under	11992
this section, the court shall consider all relevant factors,	11993
including, but not limited to, the following:	11994

(i) Whether the petitioner consents to modification or	11995
termination of the protection order or consent agreement;	11996

(ii) Whether the petitioner fears the respondent;

11997

(iii) The current nature of the relationship between the	11998
petitioner and the respondent;	11999

(iv) The circumstances of the petitioner and respondent,	12000
including the relative proximity of the petitioner's and	12001
respondent's workplaces and residences and whether the petitioner	12002
and respondent have minor children together;	12003

(v) Whether the respondent has complied with the terms and	12004
conditions of the original protection order or consent agreement;	12005

(vi) Whether the respondent has a continuing involvement with	12006
illegal drugs or alcohol;	12007

(vii) Whether the respondent has been convicted of or pleaded	12008
guilty to an offense of violence since the issuance of the	12009
protection order or approval of the consent agreement;	12010

(viii) Whether any other protection orders, consent	12011
agreements, restraining orders, or no contact orders have been	12012
issued against the respondent pursuant to this section, section	12013
2919.26 of the Revised Code, any other provision of state law, or	12014
the law of any other state;	12015

(ix) Whether the respondent has participated in any domestic	12016
violence treatment, intervention program, or other counseling	12017
addressing domestic violence and whether the respondent has	12018
completed the treatment, program, or counseling;	12019

(x) The time that has elapsed since the protection order was	12020
issued or since the consent agreement was approved;	12021

(xi) The age and health of the respondent;

12022

(xii) When the last incident of abuse, threat of harm, or	12023
commission of a sexually oriented offense occurred or other	12024
relevant information concerning the safety and protection of the	12025
petitioner or other protected parties.	12026

(d) If a protection order or consent agreement is modified or	12027
terminated as provided in division (E)(8) of this section, the	12028
court shall issue copies of the modified or terminated order or	12029
agreement as provided in division (F) of this section. A	12030
petitioner may also provide notice of the modification or	12031
termination to the judicial and law enforcement officials in any	12032
county other than the county in which the order or agreement is	12033
modified or terminated as provided in division (N) of this	12034
section.	12035

(e) If the respondent moves for modification or termination	12036
of a protection order or consent agreement pursuant to this	12037
section, the court may assess costs against the respondent for the	12038
filing of the motion.	12039

(F)(1) A copy of any protection order, or consent agreement,	12040
that is issued, approved, modified, or terminated under this	12041
section shall be issued by the court to the petitioner, to the	12042
respondent, and to all law enforcement agencies that have	12043
jurisdiction to enforce the order or agreement. The court shall	12044
direct that a copy of an order be delivered to the respondent on	12045
the same day that the order is entered.	12046

(2) All law enforcement agencies shall establish and maintain	12047
an index for the protection orders and the approved consent	12048
agreements delivered to the agencies pursuant to division (F)(1)	12049
of this section. With respect to each order and consent agreement	12050
delivered, each agency shall note on the index the date and time	12051
that it received the order or consent agreement.	12052

(3) Regardless of whether the petitioner has registered the	12053
order or agreement in the county in which the officer's agency has	12054
jurisdiction pursuant to division (N) of this section, any officer	12055
of a law enforcement agency shall enforce a protection order	12056
issued or consent agreement approved by any court in this state in	12057
accordance with the provisions of the order or agreement,	12058
including removing the respondent from the premises, if	12059
appropriate.	12060

(G) Any proceeding under this section shall be conducted in	12061
accordance with the Rules of Civil Procedure, except that an order	12062
under this section may be obtained with or without bond. An order	12063
issued under this section, other than an ex parte order, that	12064
grants a protection order or approves a consent agreement, that	12065
refuses to grant a protection order or approve a consent agreement	12066
that modifies or terminates a protection order or consent	12067
agreement, or that refuses to modify or terminate a protection	12068
order or consent agreement, is a final, appealable order. The	12069
remedies and procedures provided in this section are in addition	12070
to, and not in lieu of, any other available civil or criminal	12071
remedies.	12072

(H) The filing of proceedings under this section does not	12073
excuse a person from filing any report or giving any notice	12074
required by section 2151.421 of the Revised Code or by any other	12075
law. When a petition under this section alleges domestic violence	12076
against minor children, the court shall report the fact, or cause	12077
reports to be made, to a county, township, or municipal peace	12078
officer under section 2151.421 of the Revised Code.	12079

(I) Any law enforcement agency that investigates a domestic	12080
dispute shall provide information to the family or household	12081
members involved regarding the relief available under this section	12082
and section 2919.26 of the Revised Code.	12083

(J) Notwithstanding any provision of law to the contrary and	12084
regardless of whether a protection order is issued or a consent	12085
agreement is approved by a court of another county or a court of	12086
another state, no court or unit of state or local government shall	12087
charge any fee, cost, deposit, or money in connection with the	12088
filing of a petition pursuant to this section or in connection	12089
with the filing, issuance, registration, or service of a	12090
protection order or consent agreement, or for obtaining a	12091
certified copy of a protection order or consent agreement.	12092

(K)(1) The court shall comply with Chapters 3119., 3121.,	12093
3123., and 3125. of the Revised Code when it makes or modifies an	12094
order for child support under this section.	12095

(2) If any person required to pay child support under an	12096
order made under this section on or after April 15, 1985, or	12097
modified under this section on or after December 31, 1986, is	12098
found in contempt of court for failure to make support payments	12099
under the order, the court that makes the finding, in addition to	12100
any other penalty or remedy imposed, shall assess all court costs	12101
arising out of the contempt proceeding against the person and	12102
require the person to pay any reasonable attorney's fees of any	12103
adverse party, as determined by the court, that arose in relation	12104
to the act of contempt.	12105

(L)(1) A person who violates a protection order issued or a	12106
consent agreement approved under this section is subject to the	12107
following sanctions:	12108

(a) Criminal prosecution for a violation of section 2919.27	12109
of the Revised Code, if the violation of the protection order or	12110
consent agreement constitutes a violation of that section;	12111

(b) Punishment for contempt of court.

12112

(2) The punishment of a person for contempt of court for	12113
violation of a protection order issued or a consent agreement	12114
approved under this section does not bar criminal prosecution of	12115
the person for a violation of section 2919.27 of the Revised Code.	12116
However, a person punished for contempt of court is entitled to	12117
credit for the punishment imposed upon conviction of a violation	12118
of that section, and a person convicted of a violation of that	12119
section shall not subsequently be punished for contempt of court	12120
arising out of the same activity.	12121

(M) In all stages of a proceeding under this section, a	12122
petitioner may be accompanied by a victim advocate.	12123

(N)(1) A petitioner who obtains a protection order or consent	12124
agreement under this section or a temporary protection order under	12125
section 2919.26 of the Revised Code may provide notice of the	12126
issuance or approval of the order or agreement to the judicial and	12127
law enforcement officials in any county other than the county in	12128
which the order is issued or the agreement is approved by	12129
registering that order or agreement in the other county pursuant	12130
to division (N)(2) of this section and filing a copy of the	12131
registered order or registered agreement with a law enforcement	12132
agency in the other county in accordance with that division. A	12133
person who obtains a protection order issued by a court of another	12134
state may provide notice of the issuance of the order to the	12135
judicial and law enforcement officials in any county of this state	12136
by registering the order in that county pursuant to section	12137
2919.272 of the Revised Code and filing a copy of the registered	12138
order with a law enforcement agency in that county.	12139

(2) A petitioner may register a temporary protection order,	12140
protection order, or consent agreement in a county other than the	12141
county in which the court that issued the order or approved the	12142
agreement is located in the following manner:	12143

(a) The petitioner shall obtain a certified copy of the order	12144
or agreement from the clerk of the court that issued the order or	12145
approved the agreement and present that certified copy to the	12146
clerk of the court of common pleas or the clerk of a municipal	12147
court or county court in the county in which the order or	12148
agreement is to be registered.	12149

(b) Upon accepting the certified copy of the order or	12150
agreement for registration, the clerk of the court of common	12151
pleas, municipal court, or county court shall place an endorsement	12152
of registration on the order or agreement and give the petitioner	12153
a copy of the order or agreement that bears that proof of	12154
registration.	12155

(3) The clerk of each court of common pleas, the clerk of	12156
each municipal court, and the clerk of each county court shall	12157
maintain a registry of certified copies of temporary protection	12158
orders, protection orders, or consent agreements that have been	12159
issued or approved by courts in other counties and that have been	12160
registered with the clerk.	12161

Sec. 3301.88. (A) A recipient of a grant under section	12162
3301.86 of the Revised Code may request from the bureau of	12163
criminal identification and investigation a criminal records check	12164
on any individual, other than an individual described in division	12165
(B) of this section, who applies to participate in providing	12166
directly to children any program or service funded in whole or in	12167
part by the grant. If a recipient elects to request a criminal	12168
records check, the request shall consist of a request for the	12169
information a school district board of education may request under	12170
division (F)(2)(a) of section 109.57 of the Revised Code and shall	12171
be accompanied by one of the following identification options:	12172

(1) The form and standard impression sheet prescribed by the	12173
bureau under division (C) of section 109.572 of the Revised Code;	12174

(2) A form prescribed by the bureau on which is specified the	12175
individual's name, social security number, and date of birth.	12176

(B) A grant recipient shall not request a criminal records	12177
check under division (A) of this section with respect to any	12178
individual who furnishes the grant recipient with a certified copy	12179
of a report of a criminal records check completed by the bureau	12180
within one year prior to applying to participate in providing	12181
programs or services under the grant.	12182

(C) Except as provided in rules adopted under division (G)(2)	12183
of this section, a grant recipient shall not allow an individual	12184
to participate in providing directly to children any program or	12185
service funded in whole or in part by the grant if the information	12186
requested under this section from the bureau indicates that the	12187
individual has ever pleaded guilty to or been found guilty by a	12188
jury or court of any of the following:	12189

(1) A felony;

12190

(2) A violation of section 2903.16, 2903.34, 2905.05,	12191
2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.23, 2907.25,	12192
2907.31, 2919.12, 2919.22, 2919.24, 2925.04, or 3716.11 of the	12193
Revised Code; a violation of section 2905.04 of the Revised Code	12194
as it existed prior to July 1, 1996; or a violation of section	12195
2919.23 of the Revised Code that would have been a violation of	12196
section 2905.04 of the Revised Code as it existed prior to July 1,	12197
1996, had it been committed prior to that date;	12198

(3) An offense of violence;

12199

(4) A theft offense, as defined in section 2913.01 of the	12200
Revised Code;	12201

(5) A drug abuse offense, as defined in section 2925.01 of	12202
the Revised Code;	12203

(6) A violation of an existing or former ordinance of a	12204
municipal corporation, resolution of a township, or law of the	12205
United States or another state that is substantively comparable	12206
to an offense listed in divisions (C)(1) to (5) of this section.	12207

(D) A grant recipient that elects to request criminal	12208
records checks may conditionally allow an individual to	12209
participate in providing programs or services directly to children	12210
until the criminal records check is completed and the grant	12211
recipient receives the results. If the results of the criminal	12212
records check indicate that the individual has been convicted of	12213
or pleaded guilty to an offense listed in division (C) of this	12214
section, the grant recipient shall not allow the individual to	12215
further participate in providing directly to children any program	12216
or service funded in whole or in part by the grant, except as	12217
provided in the rules adopted under division (G)(2) of this	12218
section.	12219

(E) The report of any criminal records check conducted in	12220
accordance with division (F)(5) of section 109.57 of the Revised	12221
Code pursuant to a request under this section is not a public	12222
record for purposes of section 149.43 of the Revised Code. The	12223
report shall not be made available to any person other than the	12224
individual who is the subject of the criminal records check or the	12225
individual's representative, the grant recipient or the grant	12226
recipient's representative, and any court, hearing officer, or	12227
other necessary individual in a case dealing with the denial of	12228
the individual's participation in a program or service funded by a	12229
grant awarded under section 3301.86 of the Revised Code.	12230

(F) The department of education shall reimburse each grant	12231
recipient for each criminal records check the actual amount paid	12232
by the grant recipient for the portion of the criminal records	12233
check conducted by the bureau of criminal identification and	12234
investigation. Reimbursement shall be paid under this division	12235
only for criminal records checks on individuals who apply to	12236
participate in providing directly to children any program or	12237
service funded in whole or in part by the grant. To receive it,	12238
the grant recipient must submit information to the department in	12239
the form and manner required by the department. The reimbursement	12240
is in addition to the grant awarded to the recipient under section	12241
3301.86 of the Revised Code.	12242

(G) The state board of education shall adopt rules in	12243
accordance with Chapter 119. of the Revised Code:	12244

(1) Prescribing the form and manner in which grant recipients	12245
must submit information to the department to receive reimbursement	12246
under division (F) of this section;	12247

(2) Specifying circumstances under which a grant recipient	12248
may allow an individual whose criminal records check report	12249
indicates that the individual has been convicted of or pleaded	12250
guilty to an offense listed in division (C) of this section, but	12251
who meets standards in regard to rehabilitation set forth in the	12252
rules, to participate in providing directly to children any	12253
program or service funded in whole or in part by the grant.	12254

Sec. 3313.662. (A) The superintendent of public instruction,	12255
pursuant to this section and the adjudication procedures of	12256
section 3301.121 of the Revised Code, may issue an adjudication	12257
order that permanently excludes a pupil from attending any of the	12258
public schools of this state if the pupil is convicted of, or	12259
adjudicated a delinquent child for, committing, when the pupil was	12260
sixteen years of age or older, an act that would be a criminal	12261
offense if committed by an adult and if the act is any of the	12262
following:	12263

(1) A violation of section 2923.122 of the Revised Code;

12264

(2) A violation of section 2923.12 of the Revised Code, of a	12265
substantially similar municipal ordinance or township resolution,	12266
or of section 2925.03 of the Revised Code that was committed on	12267
property owned or controlled by, or at an activity held under the	12268
auspices of, a board of education of a city, local, exempted	12269
village, or joint vocational school district;	12270

(3) A violation of section 2925.11 of the Revised Code, other	12271
than a violation of that section that would be a minor drug	12272
possession offense, that was committed on property owned or	12273
controlled by, or at an activity held under the auspices of, the	12274
board of education of a city, local, exempted village, or joint	12275
vocational school district;	12276

(4) A violation of section 2903.01, 2903.02, 2903.03,	12277
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 or of former	12278
section 2907.12 of the Revised Code that was committed on property	12279
owned or controlled by, or at an activity held under the auspices	12280
of, a board of education of a city, local, exempted village, or	12281
joint vocational school district, if the victim at the time of the	12282
commission of the act was an employee of that board of education;	12283

(5) Complicity in any violation described in division (A)(1),	12284
(2), (3), or (4) of this section that was alleged to have been	12285
committed in the manner described in division (A)(1), (2), (3), or	12286
(4) of this section, regardless of whether the act of complicity	12287
was committed on property owned or controlled by, or at an	12288
activity held under the auspices of, a board of education of a	12289
city, local, exempted village, or joint vocational school	12290
district.	12291

(B) A pupil may be suspended or expelled in accordance with	12292
section 3313.66 of the Revised Code prior to being permanently	12293
excluded from public school attendance under this section and	12294
section 3301.121 of the Revised Code.	12295

(C)(1) If the superintendent of a city, local, exempted	12296
village, or joint vocational school district in which a pupil	12297
attends school obtains or receives proof that the pupil has been	12298
convicted of committing when the pupil was sixteen years of age or	12299
older a violation listed in division (A) of this section or	12300
adjudicated a delinquent child for the commission when the pupil	12301
was sixteen years of age or older of a violation listed in	12302
division (A) of this section, the superintendent may issue to the	12303
board of education of the school district a request that the pupil	12304
be permanently excluded from public school attendance, if both of	12305
the following apply:	12306

(a) After obtaining or receiving proof of the conviction or	12307
adjudication, the superintendent or the superintendent's designee	12308
determines that the pupil's continued attendance in school may	12309
endanger the health and safety of other pupils or school employees	12310
and gives the pupil and the pupil's parent, guardian, or custodian	12311
written notice that the superintendent intends to recommend to the	12312
board of education that the board adopt a resolution requesting	12313
the superintendent of public instruction to permanently exclude	12314
the pupil from public school attendance.	12315

(b) The superintendent or the superintendent's designee	12316
forwards to the board of education the superintendent's written	12317
recommendation that includes the determinations the superintendent	12318
or designee made pursuant to division (C)(1)(a) of this section	12319
and a copy of the proof the superintendent received showing that	12320
the pupil has been convicted of or adjudicated a delinquent child	12321
for a violation listed in division (A) of this section that was	12322
committed when the pupil was sixteen years of age or older.	12323

(2) Within fourteen days after receipt of a recommendation	12324
from the superintendent pursuant to division (C)(1)(b) of this	12325
section that a pupil be permanently excluded from public school	12326
attendance, the board of education of a city, local, exempted	12327
village, or joint vocational school district, after review and	12328
consideration of all of the following available information, may	12329
adopt a resolution requesting the superintendent of public	12330
instruction to permanently exclude the pupil who is the subject of	12331
the recommendation from public school attendance:	12332

(a) The academic record of the pupil and a record of any	12333
extracurricular activities in which the pupil previously was	12334
involved;	12335

(b) The disciplinary record of the pupil and any available	12336
records of the pupil's prior behavioral problems other than the	12337
behavioral problems contained in the disciplinary record;	12338

12339

(d) The pupil's response to the imposition of prior	12340
discipline and sanctions imposed for behavioral problems;	12341

(e) Evidence regarding the seriousness of and any aggravating	12342
factors related to the offense that is the basis of the resolution	12343
seeking permanent exclusion;	12344

(f) Any mitigating circumstances surrounding the offense that	12345
gave rise to the request for permanent exclusion;	12346

(g) Evidence regarding the probable danger posed to the	12347
health and safety of other pupils or of school employees by the	12348
continued presence of the pupil in a public school setting;	12349

(h) Evidence regarding the probable disruption of the	12350
teaching of any school district's graded course of study by the	12351
continued presence of the pupil in a public school setting;	12352

(i) Evidence regarding the availability of alternative	12353
sanctions of a less serious nature than permanent exclusion that	12354
would enable the pupil to remain in a public school setting	12355
without posing a significant danger to the health and safety of	12356
other pupils or of school employees and without posing a threat of	12357
the disruption of the teaching of any district's graded course of	12358
study.	12359

(3) If the board does not adopt a resolution requesting the	12360
superintendent of public instruction to permanently exclude the	12361
pupil, it immediately shall send written notice of that fact to	12362
the superintendent who sought the resolution, to the pupil who was	12363
the subject of the proposed resolution, and to that pupil's	12364
parent, guardian, or custodian.	12365

(D)(1) Upon adoption of a resolution under division (C) of	12366
this section, the board of education immediately shall forward to	12367
the superintendent of public instruction the written resolution,	12368
proof of the conviction or adjudication that is the basis of the	12369
resolution, a copy of the pupil's entire school record, and any	12370
other relevant information and shall forward a copy of the	12371
resolution to the pupil who is the subject of the recommendation	12372
and to that pupil's parent, guardian, or custodian.	12373

(2) The board of education that adopted and forwarded the	12374
resolution requesting the permanent exclusion of the pupil to the	12375
superintendent of public instruction promptly shall designate a	12376
representative of the school district to present the case for	12377
permanent exclusion to the superintendent or the referee appointed	12378
by the superintendent. The representative of the school district	12379
may be an attorney admitted to the practice of law in this state.	12380
At the adjudication hearing held pursuant to section 3301.121 of	12381
the Revised Code, the representative of the school district shall	12382
present evidence in support of the requested permanent exclusion.	12383

(3) Upon receipt of a board of education's resolution	12384
requesting the permanent exclusion of a pupil from public school	12385
attendance, the superintendent of public instruction, in	12386
accordance with the adjudication procedures of section 3301.121 of	12387
the Revised Code, promptly shall issue an adjudication order that	12388
either permanently excludes the pupil from attending any of the	12389
public schools of this state or that rejects the resolution of the	12390
board of education.	12391

(E) Notwithstanding any provision of section 3313.64 of the	12392
Revised Code or an order of any court of this state that otherwise	12393
requires the admission of the pupil to a school, no school	12394
official in a city, local, exempted village, or joint vocational	12395
school district knowingly shall admit to any school in the school	12396
district a pupil who has been permanently excluded from public	12397
school attendance by the superintendent of public instruction.	12398

(F)(1)(a) Upon determining that the school attendance of a	12399
pupil who has been permanently excluded from public school	12400
attendance no longer will endanger the health and safety of other	12401
students or school employees, the superintendent of any city,	12402
local, exempted village, or joint vocational school district in	12403
which the pupil desires to attend school may issue to the board of	12404
education of the school district a recommendation, including the	12405
reasons for the recommendation, that the permanent exclusion of a	12406
pupil be revoked and the pupil be allowed to return to the public	12407
schools of the state.	12408

If any violation which in whole or in part gave rise to the	12409
permanent exclusion of any pupil involved the pupil's bringing a	12410
firearm to a school operated by the board of education of a school	12411
district or onto any other property owned or operated by such a	12412
board, no superintendent shall recommend under this division an	12413
effective date for the revocation of the pupil's permanent	12414
exclusion that is less than one year after the date on which the	12415
last such firearm incident occurred. However, on a case-by-case	12416
basis, a superintendent may recommend an earlier effective date	12417
for such a revocation for any of the reasons for which the	12418
superintendent may reduce the one-year expulsion requirement in	12419
division (B)(2) of section 3313.66 of the Revised Code.	12420

(b) Upon receipt of the recommendation of the superintendent	12421
that a permanent exclusion of a pupil be revoked, the board of	12422
education of a city, local, exempted village, or joint vocational	12423
school district may adopt a resolution by a majority vote of its	12424
members requesting the superintendent of public instruction to	12425
revoke the permanent exclusion of the pupil. Upon adoption of the	12426
resolution, the board of education shall forward a copy of the	12427
resolution, the reasons for the resolution, and any other relevant	12428
information to the superintendent of public instruction.	12429

(c) Upon receipt of a resolution of a board of education	12430
requesting the revocation of a permanent exclusion of a pupil, the	12431
superintendent of public instruction, in accordance with the	12432
adjudication procedures of Chapter 119. of the Revised Code, shall	12433
issue an adjudication order that revokes the permanent exclusion	12434
of the pupil from public school attendance or that rejects the	12435
resolution of the board of education.	12436

(2)(a) A pupil who has been permanently excluded pursuant to	12437
this section and section 3301.121 of the Revised Code may request	12438
the superintendent of any city, local, exempted village, or joint	12439
vocational school district in which the pupil desires to attend	12440
school to admit the pupil on a probationary basis for a period not	12441
to exceed ninety school days. Upon receiving the request, the	12442
superintendent may enter into discussions with the pupil and with	12443
the pupil's parent, guardian, or custodian or a person designated	12444
by the pupil's parent, guardian, or custodian to develop a	12445
probationary admission plan designed to assist the pupil's	12446
probationary admission to the school. The plan may include a	12447
treatment program, a behavioral modification program, or any other	12448
program reasonably designed to meet the educational needs of the	12449
child and the disciplinary requirements of the school.	12450

If any violation which in whole or in part gave rise to the	12451
permanent exclusion of the pupil involved the pupil's bringing a	12452
firearm to a school operated by the board of education of any	12453
school district or onto any other property owned or operated by	12454
such a board, no plan developed under this division for the pupil	12455
shall include an effective date for the probationary admission of	12456
the pupil that is less than one year after the date on which the	12457
last such firearm incident occurred except that on a case-by-case	12458
basis, a plan may include an earlier effective date for such an	12459
admission for any of the reasons for which the superintendent of	12460
the district may reduce the one-year expulsion requirement in	12461
division (B)(2) of section 3313.66 of the Revised Code.	12462

(b) If the superintendent of a school district, a pupil, and	12463
the pupil's parent, guardian, or custodian or a person designated	12464
by the pupil's parent, guardian, or custodian agree upon a	12465
probationary admission plan prepared pursuant to division	12466
(F)(2)(a) of this section, the superintendent of the school	12467
district shall issue to the board of education of the school	12468
district a recommendation that the pupil be allowed to attend	12469
school within the school district under probationary admission,	12470
the reasons for the recommendation, and a copy of the agreed upon	12471
probationary admission plan. Within fourteen days after the board	12472
of education receives the recommendation, reasons, and plan, the	12473
board may adopt the recommendation by a majority vote of its	12474
members. If the board adopts the recommendation, the pupil may	12475
attend school under probationary admission within that school	12476
district for a period not to exceed ninety days or any additional	12477
probationary period permitted under divisions (F)(2)(d) and (e) of	12478
this section in accordance with the probationary admission plan	12479
prepared pursuant to division (F)(2)(a) of this section.	12480

(c) If a pupil who is permitted to attend school under	12481
probationary admission pursuant to division (F)(2)(b) of this	12482
section fails to comply with the probationary admission plan	12483
prepared pursuant to division (F)(2)(a) of this section, the	12484
superintendent of the school district immediately may remove the	12485
pupil from the school and issue to the board of education of the	12486
school district a recommendation that the probationary admission	12487
be revoked. Within five days after the board of education receives	12488
the recommendation, the board may adopt the recommendation to	12489
revoke the pupil's probationary admission by a majority vote of	12490
its members. If a majority of the board does not adopt the	12491
recommendation to revoke the pupil's probationary admission, the	12492
pupil shall continue to attend school in compliance with the	12493
pupil's probationary admission plan.	12494

(d) If a pupil who is permitted to attend school under	12495
probationary admission pursuant to division (F)(2)(b) of this	12496
section complies with the probationary admission plan prepared	12497
pursuant to division (F)(2)(a) of this section, the pupil or the	12498
pupil's parent, guardian, or custodian, at any time before the	12499
expiration of the ninety-day probationary admission period, may	12500
request the superintendent of the school district to extend the	12501
terms and period of the pupil's probationary admission for a	12502
period not to exceed ninety days or to issue a recommendation	12503
pursuant to division (F)(1) of this section that the pupil's	12504
permanent exclusion be revoked and the pupil be allowed to return	12505
to the public schools of this state.	12506

(e) If a pupil is granted an extension of the pupil's	12507
probationary admission pursuant to division (F)(2)(d) of this	12508
section, the pupil or the pupil's parent, guardian, or custodian,	12509
in the manner described in that division, may request, and the	12510
superintendent and board, in the manner described in that	12511
division, may recommend and grant, subsequent probationary	12512
admission periods not to exceed ninety days each. If a pupil who	12513
is permitted to attend school under an extension of a probationary	12514
admission plan complies with the probationary admission plan	12515
prepared pursuant to the extension, the pupil or the pupil's	12516
parent, guardian, or custodian may request a revocation of the	12517
pupil's permanent exclusion in the manner described in division	12518
(F)(2)(d) of this section.	12519

(f) Any extension of a probationary admission requested by a	12520
pupil or a pupil's parent, guardian, or custodian pursuant to	12521
divisions (F)(2)(d) or (e) of this section shall be subject to the	12522
adoption and approval of a probationary admission plan in the	12523
manner described in divisions (F)(2)(a) and (b) of this section	12524
and may be terminated as provided in division (F)(2)(c) of this	12525
section.	12526

(g) If the pupil has complied with any probationary admission	12527
plan and the superintendent issues a recommendation that seeks	12528
revocation of the pupil's permanent exclusion pursuant to division	12529
(F)(1) of this section, the pupil's compliance with any	12530
probationary admission plan may be considered along with other	12531
relevant factors in any determination or adjudication conducted	12532
pursuant to division (F)(1) of this section.	12533

(G)(1) Except as provided in division (G)(2) of this section,	12534
any information regarding the permanent exclusion of a pupil shall	12535
be included in the pupil's official records and shall be included	12536
in any records sent to any school district that requests the	12537
pupil's records.	12538

(2) When a pupil who has been permanently excluded from	12539
public school attendance reaches the age of twenty-two or when the	12540
permanent exclusion of a pupil has been revoked, all school	12541
districts that maintain records regarding the pupil's permanent	12542
exclusion shall remove all references to the exclusion from the	12543
pupil's file and shall destroy them.	12544

A pupil who has reached the age of twenty-two or whose	12545
permanent exclusion has been revoked may send a written notice to	12546
the superintendent of any school district maintaining records of	12547
the pupil's permanent exclusion requesting the superintendent to	12548
ensure that the records are removed from the pupil's file and	12549
destroyed. Upon receipt of the request and a determination that	12550
the pupil is twenty-two years of age or older or that the pupil's	12551
permanent exclusion has been revoked, the superintendent shall	12552
ensure that the records are removed from the pupil's file and	12553
destroyed.	12554

(H)(1) This section does not apply to any of the following:

12555

(a) An institution that is a residential facility, that	12556
receives and cares for children, that is maintained by the	12557
department of youth services, and that operates a school chartered	12558
by the state board of education under section 3301.16 of the	12559
Revised Code;	12560

(b) Any on-premises school operated by an out-of-home care	12561
entity, other than a school district, that is chartered by the	12562
state board of education under section 3301.16 of the Revised	12563
Code;	12564

(c) Any school operated in connection with an out-of-home	12565
care entity or a nonresidential youth treatment program that	12566
enters into a contract or agreement with a school district for the	12567
provision of educational services in a setting other than a	12568
setting that is a building or structure owned or controlled by the	12569
board of education of the school district during normal school	12570
hours.	12571

(2) This section does not prohibit any person who has been	12572
permanently excluded pursuant to this section and section 3301.121	12573
of the Revised Code from seeking a certificate of high school	12574
equivalence. A person who has been permanently excluded may be	12575
permitted to participate in a course of study in preparation for	12576
the tests of general educational development, except that the	12577
person shall not participate during normal school hours in that	12578
course of study in any building or structure owned or controlled	12579
by the board of education of a school district.	12580

(3) This section does not relieve any school district from	12581
any requirement under section 2151.362 or 3313.64 of the Revised	12582
Code to pay for the cost of educating any child who has been	12583
permanently excluded pursuant to this section and section 3301.121	12584
of the Revised Code.	12585

(I) As used in this section:

12586

(1) "Permanently exclude" means to forever prohibit an	12587
individual from attending any public school in this state that is	12588
operated by a city, local, exempted village, or joint vocational	12589
school district.	12590

(2) "Permanent exclusion" means the prohibition of a pupil	12591
forever from attending any public school in this state that is	12592
operated by a city, local, exempted village, or joint vocational	12593
school district.	12594

(3) "Out-of-home care" has the same meaning as in section	12595
2151.011 of the Revised Code.	12596

(4) "Certificate of high school equivalence" has the same	12597
meaning as in section 4109.06 of the Revised Code.	12598

(5) "Nonresidential youth treatment program" means a program	12599
designed to provide services to persons under the age of eighteen	12600
in a setting that does not regularly provide long-term overnight	12601
care, including settlement houses, diversion and prevention	12602
programs, run-away centers, and alternative education programs.	12603

(6) "Firearm" has the same meaning as provided pursuant to	12604
the "Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C.	12605
8001(a)(2).	12606

(7) "Minor drug possession offense" has the same meaning as	12607
in section 2925.01 of the Revised Code.	12608

Sec. 3319.20. Whenever an employee of a board of education,	12609
other than an employee who is a license holder to whom section	12610
3319.52 of the Revised Code applies, is convicted of or pleads	12611
guilty to a felony, a violation of section 2907.04 or 2907.06 or	12612
of division (A) or (B) of section 2907.07 of the Revised Code, an	12613
offense of violence, theft offense, or drug abuse offense that is	12614
not a minor misdemeanor, or a violation of an ordinance of a	12615
municipal corporation or resolution of a township that is	12616
substantively comparable to a felony or to a violation or offense	12617
of that nature, the prosecutor in the case, on forms prescribed	12618
and furnished by the state board of education, shall notify the	12619
employing board of education of the employee's name and residence	12620
address, the fact that the employee was convicted of or pleaded	12621
guilty to the specified offense, the section of the Revised Code	12622
or the municipal ordinance violated, and the sentence imposed by	12623
the court.	12624

The prosecutor shall give the notification required by this	12625
section no earlier than the fifth day following the expiration of	12626
the period within which the employee may file a notice of appeal	12627
from the judgment of the trial court under Appellate Rule 4(B) and	12628
no later than the eighth day following the expiration of that	12629
period. The notification also shall indicate whether the employee	12630
appealed the conviction, and, if applicable, the court in which	12631
the appeal will be heard. If the employee is permitted, by leave	12632
of court pursuant to Appellate Rule 5, to appeal the judgment of	12633
the trial court subsequent to the expiration of the period for	12634
filing a notice of appeal under Appellate Rule 4(B), the	12635
prosecutor promptly shall notify the employing board of education	12636
of the appeal and the court in which the appeal will be heard.	12637

As used in this section, "theft offense" has the same meaning	12638
as in section 2913.01 of the Revised Code, "drug abuse offense"	12639
has the same meaning as in section 2925.01 of the Revised Code,	12640
and "prosecutor" has the same meaning as in section 2935.01 of the	12641
Revised Code.	12642

Sec. 3319.31. (A) As used in this section and sections	12643
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	12644
means a certificate, license, or permit described in this chapter	12645
or in division (B) of section 3301.071 or in section 3301.074 of	12646
the Revised Code.	12647

(B) For any of the following reasons, the state board of	12648
education, in accordance with Chapter 119. and section 3319.311 of	12649
the Revised Code, may refuse to issue a license to an applicant,	12650
may limit a license it issues to an applicant, or may suspend,	12651
revoke, or limit a license that has been issued to any person:	12652

(1) Engaging in an immoral act, incompetence, negligence, or	12653
conduct that is unbecoming to the applicant's or person's	12654
position;	12655

(2) A plea of guilty to, a finding of guilt by a jury or	12656
court of, or a conviction of any of the following:	12657

(a) A felony;

12658

(b) A violation of section 2907.04 or 2907.06 or division (A)	12659
or (B) of section 2907.07 of the Revised Code;	12660

12661

(d) A theft offense, as defined in section 2913.01 of the	12662
Revised Code;	12663

(e) A drug abuse offense, as defined in section 2925.01 of	12664
the Revised Code, that is not a minor misdemeanor;	12665

(f) A violation of an ordinance of a municipal corporation or	12666
resolution of a township that is substantively comparable to an	12667
offense listed in divisions (B)(2)(a) to (e) of this section.	12668

(C) The state board may take action under division (B) of	12669
this section on the basis of substantially comparable conduct	12670
occurring in a jurisdiction outside this state or occurring before	12671
a person applies for or receives any license.	12672

(D) The state board may adopt rules in accordance with	12673
Chapter 119. of the Revised Code to carry out this section and	12674
section 3319.311 of the Revised Code.	12675

Sec. 3327.10. (A) No person shall be employed as driver of a	12676
school bus or motor van, owned and operated by any school district	12677
or educational service center or privately owned and operated	12678
under contract with any school district or service center in this	12679
state, who has not received a certificate from the educational	12680
service center governing board in case such person is employed by	12681
a service center or by a local school district under the	12682
supervision of the service center governing board, or by the	12683
superintendent of schools, in case such person is employed by the	12684
board of a city or exempted village school district, certifying	12685
that such person is at least eighteen years of age and is of good	12686
moral character and is qualified physically and otherwise for such	12687
position. The service center governing board or the	12688
superintendent, as the case may be, shall provide for an annual	12689
physical examination that conforms with rules adopted by the state	12690
board of education of each driver to ascertain the driver's	12691
physical fitness for such employment. Any certificate may be	12692
revoked by the authority granting the same on proof that the	12693
holder has been guilty of failing to comply with division (D)(1)	12694
of this section, or upon a conviction or a guilty plea for a	12695
violation, or any other action, that results in a loss or	12696
suspension of driving rights. Failure to comply with such division	12697
may be cause for disciplinary action or termination of employment	12698
under division (C) of section 3319.081, or section 124.34 of the	12699
Revised Code.	12700

(B) No person shall be employed as driver of a school bus or	12701
motor van not subject to the rules of the department of education	12702
pursuant to division (A) of this section who has not received a	12703
certificate from the school administrator or contractor certifying	12704
that such person is at least eighteen years of age, is of good	12705
moral character, and is qualified physically and otherwise for	12706
such position. Each driver shall have an annual physical	12707
examination which conforms to the state highway patrol rules,	12708
ascertaining the driver's physical fitness for such employment.	12709
The examination shall be performed by one of the following:	12710

(1) A person licensed under Chapter 4731. of the Revised Code	12711
or by another state to practice medicine and surgery or	12712
osteopathic medicine and surgery;	12713

(2) A physician assistant;

12714

(3) A certified nurse practitioner;

12715

(4) A clinical nurse specialist;

12716

(5) A certified nurse-midwife.

12717

Any written documentation of the physical examination shall	12718
be completed by the individual who performed the examination.	12719

Any certificate may be revoked by the authority granting the	12720
same on proof that the holder has been guilty of failing to comply	12721
with division (D)(2) of this section.	12722

(C) Any person who drives a school bus or motor van must give	12723
satisfactory and sufficient bond except a driver who is an	12724
employee of a school district and who drives a bus or motor van	12725
owned by the school district.	12726

(D) No person employed as driver of a school bus or motor van	12727
under this section who is convicted of a traffic violation or who	12728
has had the person's commercial driver's license suspended shall	12729
drive a school bus or motor van until the person has filed a	12730
written notice of the conviction or suspension, as follows:	12731

(1) If the person is employed under division (A) of this	12732
section, the person shall file the notice with the superintendent,	12733
or a person designated by the superintendent, of the school	12734
district for which the person drives a school bus or motor van as	12735
an employee or drives a privately owned and operated school bus or	12736
motor van under contract.	12737

(2) If employed under division (B) of this section, the	12738
person shall file the notice with the employing school	12739
administrator or contractor, or a person designated by the	12740
administrator or contractor.	12741

(E) In addition to resulting in possible revocation of a	12742
certificate as authorized by divisions (A) and (B) of this	12743
section, violation of division (D) of this section is a minor	12744
misdemeanor.	12745

(F)(1) Not later than thirty days after June 30, 2007, each	12746
owner of a school bus or motor van shall obtain the complete	12747
driving record for each person who is currently employed or	12748
otherwise authorized to drive the school bus or motor van. An	12749
owner of a school bus or motor van shall not permit a person to	12750
operate the school bus or motor van for the first time before the	12751
owner has obtained the person's complete driving record.	12752
Thereafter, the owner of a school bus or motor van shall obtain	12753
the person's driving record not less frequently than semiannually	12754
if the person remains employed or otherwise authorized to drive	12755
the school bus or motor van. An owner of a school bus or motor	12756
van shall not permit a person to resume operating a school bus or	12757
motor van, after an interruption of one year or longer, before the	12758
owner has obtained the person's complete driving record.	12759

(2) The owner of a school bus or motor van shall not permit a	12760
person to operate the school bus or motor van for six years after	12761
the date on which the person pleads guilty to or is convicted of	12762
a violation of section 4511.19 of the Revised Code or a	12763
substantially equivalent municipal ordinance or township	12764
resolution.	12765

(3) An owner of a school bus or motor van shall not permit	12766
any person to operate such a vehicle unless the person meets all	12767
other requirements contained in rules adopted by the state board	12768
of education prescribing qualifications of drivers of school	12769
buses and other student transportation.	12770

(G) No superintendent of a school district, educational	12771
service center, community school, or public or private employer	12772
shall permit the operation of a vehicle used for pupil	12773
transportation within this state by an individual unless both of	12774
the following apply:	12775

(1) Information pertaining to that driver has been submitted	12776
to the department of education, pursuant to procedures adopted by	12777
that department. Information to be reported shall include the name	12778
of the employer or school district, name of the driver, driver	12779
license number, date of birth, date of hire, status of physical	12780
evaluation, and status of training.	12781

(2) A criminal records check, including information from the	12782
federal bureau of investigation, has been completed and received	12783
by the superintendent or public or private employer.	12784

(H) A person, school district, educational service center,	12785
community school, nonpublic school, or other public or nonpublic	12786
entity that owns a school bus or motor van, or that contracts with	12787
another entity to operate a school bus or motor van, may impose	12788
more stringent restrictions on drivers than those prescribed in	12789
this section, in any other section of the Revised Code, and in	12790
rules adopted by the state board.	12791

(I) For qualified drivers who, on ~~the effective date of this~~	12792
~~amendment~~July 1, 2007, are employed by the owner of a school bus	12793
or motor van to drive the school bus or motor van, any instance	12794
in which the driver was convicted of or pleaded guilty to a	12795
violation of section 4511.19 of the Revised Code or a	12796
substantially equivalent municipal ordinance or township	12797
resolution prior to two years prior to ~~the effective date of~~	12798
~~this amendment~~July 1, 2007, shall not be considered a	12799
disqualifying event with respect to division (F) of this	12800
section.	12801

Sec. 3345.23. (A) The conviction of a student, faculty or	12802
staff member, or employee of a college or university which	12803
receives any state funds in support thereof, of any offense	12804
covered by division (D) of this section, automatically effects the	12805
student's, faculty or staff member's, or employee's dismissal from	12806
such college or university, except as provided in division (E) of	12807
this section. A student dismissed pursuant to this section may be	12808
readmitted or admitted to any other college or university which	12809
receives state funds in support thereof, in the discretion of the	12810
board of trustees, but only upon the lapse of one calendar year	12811
following the student's dismissal, and only upon terms of strict	12812
disciplinary probation. The contract, if any, of a faculty or	12813
staff member or employee dismissed pursuant to this section is	12814
terminated thereby. A faculty or staff member or employee	12815
dismissed pursuant to this section may be re-employed by any such	12816
college or university, in the discretion of the board of trustees,	12817
but only upon the lapse of one calendar year following the faculty	12818
or staff member's or employee's dismissal.	12819

(B) Upon conviction of a student, faculty or staff member, or	12820
employee of a college or university which receives any state funds	12821
in support thereof, of any offense covered by division (D) of this	12822
section, the court shall immediately notify the college or	12823
university of such conviction. The president, or other	12824
administrative official designated by the board of trustees, shall	12825
immediately notify such person of the person's dismissal. The	12826
notice shall be in writing and shall be mailed by certified mail	12827
to the person's address as shown in both the court and the	12828
university records. If such person has been suspended pursuant to	12829
section 3345.22 of the Revised Code, and not permitted to return	12830
to the college or university, the period of the person's dismissal	12831
shall run from the date of such suspension.	12832

(C) No degrees or honors shall be conferred upon, no	12833
instructional credit or grades shall be given to, and no student	12834
assistance, scholarship funds, salaries, or wages shall be paid or	12835
credited to any student, faculty or staff member, or employee, in	12836
respect of the period such person is properly under dismissal	12837
pursuant to this section or under suspension pursuant to section	12838
3345.22 of the Revised Code.	12839

(D) Without limiting the grounds for dismissal, suspension,	12840
or other disciplinary action against a student, faculty or staff	12841
member, or employee of a college or university which receives any	12842
state funds in support thereof, the commission of an offense of	12843
violence as defined in division (A)(9)(a) of section 2901.01 of	12844
the Revised Code or a substantially equivalent offense under a	12845
municipal ordinance or township resolution, which offense is	12846
committed on or affects persons or property on such college or	12847
university, or which offense is committed in the immediate	12848
vicinity of a college or university with respect to which an	12849
emergency has been declared and is in effect pursuant to section	12850
3345.26 of the Revised Code, is cause for dismissal pursuant to	12851
this section or for suspension pursuant to section 3345.22 of the	12852
Revised Code. Criminal cases resulting from arrests for offenses	12853
covered by division (D) of this section shall take precedence over	12854
all civil matters and proceedings and over all other criminal	12855
cases.	12856

(E) If a final judicial determination results in an	12857
acquittal, or if the conviction is reversed on appeal, the	12858
student, faculty or staff member, or employee shall be reinstated	12859
and the college or university shall expunge the record of the	12860
student's, faculty or staff member's, or employee's dismissal from	12861
the student's, faculty or staff member's, or employee's college or	12862
university records, and the dismissal shall be deemed never to	12863
have occurred.	12864

Sec. 3375.50. ~~All~~Subject to division (F)(2) of section	12865
1901.31 of the Revised Code, all fines and penalties collected by,	12866
and moneys arising from forfeited bail in, a municipal court for	12867
offenses and misdemeanors brought for prosecution in the name of a	12868
municipal corporation under one of its penal ordinances or in the	12869
name of a township under one of its penal resolutions, where there	12870
is in force a state statute under which the offense might be	12871
prosecuted, or brought for prosecution in the name of the state,	12872
except a portion of such fines, penalties, and moneys which, plus	12873
all costs collected monthly in such state cases, equal the	12874
compensation allowed by the board of county commissioners to the	12875
judges of the municipal court, its clerk, and the prosecuting	12876
attorney of such court in state cases, shall be retained by the	12877
clerk of such municipal court, and be paid by ~~him~~the clerk	12878
forthwith, each month, to the board of trustees of the law library	12879
association in the county in which such municipal corporation or	12880
township is located. The sum so retained and paid by the clerk of	12881
the municipal court to the board of trustees of such law library	12882
association shall, in no month, be less than twenty-five per cent	12883
of the amount of such fines, penalties, and moneys received in	12884
that month, without deducting the amount of the allowance of the	12885
board of county commissioners to the judges, clerk, and	12886
prosecuting attorney.	12887

The total amount paid under this section in any one calendar	12888
year by the clerks of all municipal courts in any one county to	12889
the board of trustees of such law library association shall in no	12890
event exceed the following amounts:	12891

(A) In counties having a population of fifty thousand or	12892
less, seventy-five hundred dollars and the maximum amount paid by	12893
any of such courts shall not exceed four thousand dollars in any	12894
calendar year.	12895

(B) In counties having a population in excess of fifty	12896
thousand but not in excess of one hundred thousand, eight thousand	12897
dollars and the maximum amount paid by any of such courts shall	12898
not exceed five thousand five hundred dollars in any calendar	12899
year.	12900

(C) In counties having a population in excess of one hundred	12901
thousand but not in excess of one hundred fifty thousand, ten	12902
thousand dollars and the maximum amount paid by any of such courts	12903
shall not exceed seven thousand dollars in any calendar year.	12904

(D) In counties having a population of in excess of one	12905
hundred fifty thousand, fifteen thousand dollars in any calendar	12906
year. The maximum amount to be paid by each such clerk shall be	12907
determined by the county auditor in December of each year for the	12908
next succeeding calendar year, and shall bear the same ratio to	12909
the total amount payable under this section from the clerks of all	12910
municipal courts in such county as the total fines, costs, and	12911
forfeitures received by the corresponding municipal court, bear to	12912
the total fines, costs, and forfeitures received by all the	12913
municipal courts in the county, as shown for the last complete	12914
year of actual receipts, on the latest available budgets of such	12915
municipal courts. Payments in the full amounts provided in this	12916
section shall be made monthly by each clerk in each calendar year	12917
until the maximum amount for such year has been paid. When such	12918
amount, so determined by the auditor, has been paid to the board	12919
of trustees of such law library association, then no further	12920
payments shall be required in that calendar year from the clerk of	12921
such court.	12922

(E) This section does not apply to fines collected by a	12923
municipal court for violations of division (B) of section 4513.263	12924
of the Revised Code, or for violations of any municipal ordinance	12925
or township resolution that is substantively comparable to that	12926
division, all of which shall be forwarded to the treasurer of	12927
state as provided in division (E) of section 4513.263 of the	12928
Revised Code.	12929

Sec. 3375.51. Fifty per cent of all moneys collected by a	12930
county court accruing from fines, penalties, and forfeited bail,	12931
unless otherwise distributed by law, shall be paid to the board of	12932
trustees of the law library association of the county by the	12933
county treasurer, upon the voucher of the county auditor within	12934
thirty days after such moneys have been paid into the county	12935
treasury by the clerk of the county court.	12936

This section does not apply to fines collected by a county	12937
court for violations of division (B) of section 4513.263 of the	12938
Revised Code, or for violations of any municipal ordinance or	12939
township resolution that is substantively comparable to that	12940
division, all of which shall be forwarded to the treasurer of	12941
state as provided in division (E) of section 4513.263 of the	12942
Revised Code.	12943

Sec. 3937.41. (A) As used in this section:

12944

(1) "Ambulance" has the same meaning as in section 4765.01 of	12945
the Revised Code and also includes private ambulance companies	12946
under contract to a municipal corporation, township, or county.	12947

(2) "Emergency vehicle" means any of the following:

12948

(a) Any vehicle, as defined in section 4511.01 of the Revised	12949
Code, that is an emergency vehicle of a municipal, township, or	12950
county department or public utility corporation and that is	12951
identified as such as required by law, the director of public	12952
safety, or local authorities;	12953

(b) Any motor vehicle, as defined in section 4511.01 of the	12954
Revised Code, when commandeered by a police officer;	12955

(c) Any vehicle, as defined in section 4511.01 of the Revised	12956
Code, that is an emergency vehicle of a qualified nonprofit	12957
corporation police department established pursuant to section	12958
1702.80 of the Revised Code and that is identified as an emergency	12959
vehicle;	12960

(d) Any vehicle, as defined in section 4511.01 of the Revised	12961
Code, that is an emergency vehicle of a proprietary police	12962
department or security department of a hospital operated by a	12963
public hospital agency or a nonprofit hospital agency that employs	12964
police officers under section 4973.17 of the Revised Code, and	12965
that is identified as an emergency vehicle.	12966

(3) "Firefighter" means any regular, paid, member of a	12967
lawfully constituted fire department of a municipal corporation or	12968
township.	12969

(4) "Law enforcement officer" means a sheriff, deputy	12970
sheriff, constable, marshal, deputy marshal, municipal or township	12971
police officer, state highway patrol trooper, police officer	12972
employed by a qualified nonprofit police department pursuant to	12973
section 1702.80 of the Revised Code, or police officer employed by	12974
a proprietary police department or security department of a	12975
hospital operated by a public hospital agency or nonprofit	12976
hospital agency pursuant to section 4973.17 of the Revised Code.	12977

(5) "Motor vehicle accident" means any accident involving a	12978
motor vehicle which results in bodily injury to any person, or	12979
damage to the property of any person.	12980

(B) No insurer shall consider the circumstance that an	12981
applicant or policyholder has been involved in a motor vehicle	12982
accident while in the pursuit of the applicant's or policyholder's	12983
official duties as a law enforcement officer, firefighter, or	12984
operator of an emergency vehicle or ambulance, while operating a	12985
vehicle engaged in mowing or snow and ice removal as a county,	12986
township, or department of transportation employee, or while	12987
operating a vehicle while engaged in the pursuit of the	12988
applicant's or policyholder's official duties as a member of the	12989
motor carrier enforcement unit of the state highway patrol under	12990
section 5503.34 of the Revised Code, as a basis for doing either	12991
of the following:	12992

(1) Refusing to issue or deliver a policy of insurance upon a	12993
private automobile, or increasing the rate to be charged for such	12994
a policy;	12995

(2) Increasing the premium rate, canceling, or failing to	12996
renew an existing policy of insurance upon a private automobile.	12997

(C) Any applicant or policyholder affected by an action of an	12998
insurer in violation of this section may appeal to the	12999
superintendent of insurance. After a hearing held upon not less	13000
than ten days' notice to the applicant or policyholder and to the	13001
insurer and if the superintendent determines that the insurer has	13002
violated this section, the superintendent may direct the issuance	13003
of a policy, decrease the premium rate on a policy, or reinstate	13004
insurance coverage.	13005

(D) The employer of the law enforcement officer, firefighter,	13006
or operator of an emergency vehicle or ambulance, operator of a	13007
vehicle engaged in mowing or snow and ice removal, or operator of	13008
a vehicle who is a member of the motor carrier enforcement unit,	13009
except as otherwise provided in division (F) of this section,	13010
shall certify to the state highway patrol or law enforcement	13011
agency that investigates the accident whether the officer,	13012
firefighter, or operator of an emergency vehicle or ambulance,	13013
operator of a vehicle engaged in mowing or snow and ice removal,	13014
or operator of a vehicle who is a member of the motor carrier	13015
enforcement unit, was engaged in the performance of the person's	13016
official duties as such employee at the time of the accident. The	13017
employer shall designate an official authorized to make the	13018
certifications. The state highway patrol or law enforcement agency	13019
shall include the certification in any report of the accident	13020
forwarded to the department of public safety pursuant to sections	13021
5502.11 and 5502.12 of the Revised Code and shall forward the	13022
certification to the department if received after the report of	13023
the accident has been forwarded to the department. The registrar	13024
of motor vehicles shall not include an accident in a certified	13025
abstract of information under division (A) of section 4509.05 of	13026
the Revised Code, if the person involved has been so certified as	13027
having been engaged in the performance of the person's official	13028
duties at the time of the accident.	13029

(E) Division (B) of this section does not apply to an insurer	13030
whose policy covers the motor vehicle at the time the motor	13031
vehicle is involved in an accident described in division (B) of	13032
this section.	13033

(F) Division (B) of this section does not apply if an	13034
applicant or policyholder, on the basis of the applicant's or	13035
policyholder's involvement in an accident described in that	13036
division, is convicted of or pleads guilty or no contest to a	13037
violation of section 4511.19 of the Revised Code or a municipal	13038
OVI ordinance or township OVI resolution as defined in section	13039
4511.181 of the Revised Code.	13040

Sec. 3937.43. (A) As used in this section:

13041

(1) "Automobile insurance policies" has the same meaning as	13042
in section 3937.30 of the Revised Code.	13043

(2) "Moving violation" means any violation of any statute or	13044
ordinance that regulates the operation of vehicles, streetcars, or	13045
trackless trolleys on highways or streets or that regulates size	13046
or load limitations or fitness requirements of vehicles. "Moving	13047
violation" does not include the violation of any statute,	13048
resolution, or ordinance that regulates pedestrians or the parking	13049
of vehicles.	13050

(3) "Community control sanction" has the same meaning as in	13051
section 2929.01 of the Revised Code.	13052

(B) Every rating plan or schedule of rates for automobile	13053
insurance policies that is filed with the superintendent of	13054
insurance shall provide for an appropriate reduction in premium	13055
charges for any insured or applicant for insurance under the	13056
following conditions:	13057

(1) The applicant or insured is sixty years of age or older;

13058

(2) The applicant or insured successfully completes a motor	13059
vehicle accident prevention course, which includes classroom	13060
instruction and the passing of an examination in accordance with	13061
both of the following:	13062

(a) The department of public safety shall approve the course	13063
and the examination. However, the department shall not approve any	13064
correspondence course or any other course that does not provide	13065
classroom instruction.	13066

(b) The examination shall include an actual demonstration of	13067
the applicant's or insured's ability to exercise ordinary and	13068
reasonable control in the operation of a motor vehicle.	13069

(3) The applicant or insured submits to the insurer a	13070
certificate that is issued by the sponsor of the motor vehicle	13071
accident prevention course and attests to the successful	13072
completion of the course by the applicant or insured;	13073

(4) The insurer may consider the driving record of the	13074
applicant or insured in accordance with divisions (C) and (D) of	13075
this section.	13076

(C) In determining whether to grant a reduction in premium	13077
charges in accordance with this section, the insurer may consider	13078
the driving record of the insured or applicant for a three-year	13079
period prior to the successful completion of a motor vehicle	13080
accident prevention course.	13081

(D)(1) Subject to division (D)(2) of this section, every	13082
reduction in premium charges granted in accordance with this	13083
section shall be effective for an insured for a three-year period	13084
after each successful completion of a motor vehicle accident	13085
prevention course.	13086

(2) As a condition of maintaining a reduction in premium	13087
charges granted in accordance with this section, an insurer may	13088
require that the insured, during the three-year period for which	13089
the reduction has been granted, neither be involved in an accident	13090
for which the insured is primarily at fault, nor be convicted of	13091
more than one moving violation.	13092

(E) A reduction in premium charges granted in accordance with	13093
this section shall not become effective until the first full term	13094
of coverage following the successful completion of a motor vehicle	13095
accident prevention course in accordance with division (B) of this	13096
section.	13097

(F) The director of the department of public safety shall	13098
adopt rules in accordance with Chapter 119. of the Revised Code	13099
that are necessary to carry out the duties of the department under	13100
this section.	13101

(G) This section does not apply to any automobile insurance	13102
policy issued under an assigned risk plan pursuant to section	13103
4509.70 of the Revised Code.	13104

(H) This section does not apply to circumstances in which the	13105
motor vehicle accident prevention course is required by a court as	13106
a condition of a community control sanction imposed for a moving	13107
violation.	13108

Sec. 4112.02. It shall be an unlawful discriminatory	13109
practice:	13110

(A) For any employer, because of the race, color, religion,	13111
sex, national origin, disability, age, or ancestry of any person,	13112
to discharge without just cause, to refuse to hire, or otherwise	13113
to discriminate against that person with respect to hire, tenure,	13114
terms, conditions, or privileges of employment, or any matter	13115
directly or indirectly related to employment.	13116

(B) For an employment agency or personnel placement service,	13117
because of race, color, religion, sex, national origin,	13118
disability, age, or ancestry, to do any of the following:	13119

(1) Refuse or fail to accept, register, classify properly, or	13120
refer for employment, or otherwise discriminate against any	13121
person;	13122

(2) Comply with a request from an employer for referral of	13123
applicants for employment if the request directly or indirectly	13124
indicates that the employer fails to comply with the provisions of	13125
sections 4112.01 to 4112.07 of the Revised Code.	13126

13127

(1) Limit or classify its membership on the basis of race,	13128
color, religion, sex, national origin, disability, age, or	13129
ancestry;	13130

(2) Discriminate against, limit the employment opportunities	13131
of, or otherwise adversely affect the employment status, wages,	13132
hours, or employment conditions of any person as an employee	13133
because of race, color, religion, sex, national origin,	13134
disability, age, or ancestry.	13135

(D) For any employer, labor organization, or joint	13136
labor-management committee controlling apprentice training	13137
programs to discriminate against any person because of race,	13138
color, religion, sex, national origin, disability, or ancestry in	13139
admission to, or employment in, any program established to provide	13140
apprentice training.	13141

(E) Except where based on a bona fide occupational	13142
qualification certified in advance by the commission, for any	13143
employer, employment agency, personnel placement service, or labor	13144
organization, prior to employment or admission to membership, to	13145
do any of the following:	13146

(1) Elicit or attempt to elicit any information concerning	13147
the race, color, religion, sex, national origin, disability, age,	13148
or ancestry of an applicant for employment or membership;	13149

(2) Make or keep a record of the race, color, religion, sex,	13150
national origin, disability, age, or ancestry of any applicant for	13151
employment or membership;	13152

(3) Use any form of application for employment, or personnel	13153
or membership blank, seeking to elicit information regarding race,	13154
color, religion, sex, national origin, disability, age, or	13155
ancestry; but an employer holding a contract containing a	13156
nondiscrimination clause with the government of the United States,	13157
or any department or agency of that government, may require an	13158
employee or applicant for employment to furnish documentary proof	13159
of United States citizenship and may retain that proof in the	13160
employer's personnel records and may use photographic or	13161
fingerprint identification for security purposes;	13162

(4) Print or publish or cause to be printed or published any	13163
notice or advertisement relating to employment or membership	13164
indicating any preference, limitation, specification, or	13165
discrimination, based upon race, color, religion, sex, national	13166
origin, disability, age, or ancestry;	13167

(5) Announce or follow a policy of denying or limiting,	13168
through a quota system or otherwise, employment or membership	13169
opportunities of any group because of the race, color, religion,	13170
sex, national origin, disability, age, or ancestry of that group;	13171

(6) Utilize in the recruitment or hiring of persons any	13172
employment agency, personnel placement service, training school or	13173
center, labor organization, or any other employee-referring source	13174
known to discriminate against persons because of their race,	13175
color, religion, sex, national origin, disability, age, or	13176
ancestry.	13177

(F) For any person seeking employment to publish or cause to	13178
be published any advertisement that specifies or in any manner	13179
indicates that person's race, color, religion, sex, national	13180
origin, disability, age, or ancestry, or expresses a limitation or	13181
preference as to the race, color, religion, sex, national origin,	13182
disability, age, or ancestry of any prospective employer.	13183

(G) For any proprietor or any employee, keeper, or manager of	13184
a place of public accommodation to deny to any person, except for	13185
reasons applicable alike to all persons regardless of race, color,	13186
religion, sex, national origin, disability, age, or ancestry, the	13187
full enjoyment of the accommodations, advantages, facilities, or	13188
privileges of the place of public accommodation.	13189

(H) For any person to do any of the following:

13190

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	13191
or finance housing accommodations, refuse to negotiate for the	13192
sale or rental of housing accommodations, or otherwise deny or	13193
make unavailable housing accommodations because of race, color,	13194
religion, sex, familial status, ancestry, disability, or national	13195
origin;	13196

(2) Represent to any person that housing accommodations are	13197
not available for inspection, sale, or rental, when in fact they	13198
are available, because of race, color, religion, sex, familial	13199
status, ancestry, disability, or national origin;	13200

(3) Discriminate against any person in the making or	13201
purchasing of loans or the provision of other financial assistance	13202
for the acquisition, construction, rehabilitation, repair, or	13203
maintenance of housing accommodations, or any person in the making	13204
or purchasing of loans or the provision of other financial	13205
assistance that is secured by residential real estate, because of	13206
race, color, religion, sex, familial status, ancestry, disability,	13207
or national origin or because of the racial composition of the	13208
neighborhood in which the housing accommodations are located,	13209
provided that the person, whether an individual, corporation, or	13210
association of any type, lends money as one of the principal	13211
aspects or incident to the person's principal business and not	13212
only as a part of the purchase price of an owner-occupied	13213
residence the person is selling nor merely casually or	13214
occasionally to a relative or friend;	13215

(4) Discriminate against any person in the terms or	13216
conditions of selling, transferring, assigning, renting, leasing,	13217
or subleasing any housing accommodations or in furnishing	13218
facilities, services, or privileges in connection with the	13219
ownership, occupancy, or use of any housing accommodations,	13220
including the sale of fire, extended coverage, or homeowners	13221
insurance, because of race, color, religion, sex, familial status,	13222
ancestry, disability, or national origin or because of the racial	13223
composition of the neighborhood in which the housing	13224
accommodations are located;	13225

(5) Discriminate against any person in the terms or	13226
conditions of any loan of money, whether or not secured by	13227
mortgage or otherwise, for the acquisition, construction,	13228
rehabilitation, repair, or maintenance of housing accommodations	13229
because of race, color, religion, sex, familial status, ancestry,	13230
disability, or national origin or because of the racial	13231
composition of the neighborhood in which the housing	13232
accommodations are located;	13233

(6) Refuse to consider without prejudice the combined income	13234
of both husband and wife for the purpose of extending mortgage	13235
credit to a married couple or either member of a married couple;	13236

(7) Print, publish, or circulate any statement or	13237
advertisement, or make or cause to be made any statement or	13238
advertisement, relating to the sale, transfer, assignment, rental,	13239
lease, sublease, or acquisition of any housing accommodations, or	13240
relating to the loan of money, whether or not secured by mortgage	13241
or otherwise, for the acquisition, construction, rehabilitation,	13242
repair, or maintenance of housing accommodations, that indicates	13243
any preference, limitation, specification, or discrimination based	13244
upon race, color, religion, sex, familial status, ancestry,	13245
disability, or national origin, or an intention to make any such	13246
preference, limitation, specification, or discrimination;	13247

(8) Except as otherwise provided in division (H)(8) or (17)	13248
of this section, make any inquiry, elicit any information, make or	13249
keep any record, or use any form of application containing	13250
questions or entries concerning race, color, religion, sex,	13251
familial status, ancestry, disability, or national origin in	13252
connection with the sale or lease of any housing accommodations or	13253
the loan of any money, whether or not secured by mortgage or	13254
otherwise, for the acquisition, construction, rehabilitation,	13255
repair, or maintenance of housing accommodations. Any person may	13256
make inquiries, and make and keep records, concerning race, color,	13257
religion, sex, familial status, ancestry, disability, or national	13258
origin for the purpose of monitoring compliance with this chapter.	13259

(9) Include in any transfer, rental, or lease of housing	13260
accommodations any restrictive covenant, or honor or exercise, or	13261
attempt to honor or exercise, any restrictive covenant;	13262

(10) Induce or solicit, or attempt to induce or solicit, a	13263
housing accommodations listing, sale, or transaction by	13264
representing that a change has occurred or may occur with respect	13265
to the racial, religious, sexual, familial status, or ethnic	13266
composition of the block, neighborhood, or other area in which the	13267
housing accommodations are located, or induce or solicit, or	13268
attempt to induce or solicit, a housing accommodations listing,	13269
sale, or transaction by representing that the presence or	13270
anticipated presence of persons of any race, color, religion, sex,	13271
familial status, ancestry, disability, or national origin, in the	13272
block, neighborhood, or other area will or may have results	13273
including, but not limited to, the following:	13274

(a) The lowering of property values;

13275

(b) A change in the racial, religious, sexual, familial	13276
status, or ethnic composition of the block, neighborhood, or other	13277
area;	13278

(c) An increase in criminal or antisocial behavior in the	13279
block, neighborhood, or other area;	13280

(d) A decline in the quality of the schools serving the	13281
block, neighborhood, or other area.	13282

(11) Deny any person access to or membership or participation	13283
in any multiple-listing service, real estate brokers'	13284
organization, or other service, organization, or facility relating	13285
to the business of selling or renting housing accommodations, or	13286
discriminate against any person in the terms or conditions of that	13287
access, membership, or participation, on account of race, color,	13288
religion, sex, familial status, national origin, disability, or	13289
ancestry;	13290

(12) Coerce, intimidate, threaten, or interfere with any	13291
person in the exercise or enjoyment of, or on account of that	13292
person's having exercised or enjoyed or having aided or encouraged	13293
any other person in the exercise or enjoyment of, any right	13294
granted or protected by division (H) of this section;	13295

(13) Discourage or attempt to discourage the purchase by a	13296
prospective purchaser of housing accommodations, by representing	13297
that any block, neighborhood, or other area has undergone or might	13298
undergo a change with respect to its religious, racial, sexual,	13299
familial status, or ethnic composition;	13300

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	13301
or finance, or otherwise deny or withhold, a burial lot from any	13302
person because of the race, color, sex, familial status, age,	13303
ancestry, disability, or national origin of any prospective owner	13304
or user of the lot;	13305

(15) Discriminate in the sale or rental of, or otherwise make	13306
unavailable or deny, housing accommodations to any buyer or renter	13307
because of a disability of any of the following:	13308

(a) The buyer or renter;

13309

(b) A person residing in or intending to reside in the	13310
housing accommodations after they are sold, rented, or made	13311
available;	13312

(c) Any individual associated with the person described in	13313
division (H)(15)(b) of this section.	13314

(16) Discriminate in the terms, conditions, or privileges of	13315
the sale or rental of housing accommodations to any person or in	13316
the provision of services or facilities to any person in	13317
connection with the housing accommodations because of a disability	13318
of any of the following:	13319

(a) That person;

13320

(b) A person residing in or intending to reside in the	13321
housing accommodations after they are sold, rented, or made	13322
available;	13323

(c) Any individual associated with the person described in	13324
division (H)(16)(b) of this section.	13325

(17) Except as otherwise provided in division (H)(17) of this	13326
section, make an inquiry to determine whether an applicant for the	13327
sale or rental of housing accommodations, a person residing in or	13328
intending to reside in the housing accommodations after they are	13329
sold, rented, or made available, or any individual associated with	13330
that person has a disability, or make an inquiry to determine the	13331
nature or severity of a disability of the applicant or such a	13332
person or individual. The following inquiries may be made of all	13333
applicants for the sale or rental of housing accommodations,	13334
regardless of whether they have disabilities:	13335

(a) An inquiry into an applicant's ability to meet the	13336
requirements of ownership or tenancy;	13337

(b) An inquiry to determine whether an applicant is qualified	13338
for housing accommodations available only to persons with	13339
disabilities or persons with a particular type of disability;	13340

(c) An inquiry to determine whether an applicant is qualified	13341
for a priority available to persons with disabilities or persons	13342
with a particular type of disability;	13343

(d) An inquiry to determine whether an applicant currently	13344
uses a controlled substance in violation of section 2925.11 of the	13345
Revised Code or a substantively comparable municipal ordinance or	13346
township resolution;	13347

(e) An inquiry to determine whether an applicant at any time	13348
has been convicted of or pleaded guilty to any offense, an element	13349
of which is the illegal sale, offer to sell, cultivation,	13350
manufacture, other production, shipment, transportation, delivery,	13351
or other distribution of a controlled substance.	13352

(18)(a) Refuse to permit, at the expense of a person with a	13353
disability, reasonable modifications of existing housing	13354
accommodations that are occupied or to be occupied by the person	13355
with a disability, if the modifications may be necessary to afford	13356
the person with a disability full enjoyment of the housing	13357
accommodations. This division does not preclude a landlord of	13358
housing accommodations that are rented or to be rented to a	13359
disabled tenant from conditioning permission for a proposed	13360
modification upon the disabled tenant's doing one or more of the	13361
following:	13362

(i) Providing a reasonable description of the proposed	13363
modification and reasonable assurances that the proposed	13364
modification will be made in a workerlike manner and that any	13365
required building permits will be obtained prior to the	13366
commencement of the proposed modification;	13367

(ii) Agreeing to restore at the end of the tenancy the	13368
interior of the housing accommodations to the condition they were	13369
in prior to the proposed modification, but subject to reasonable	13370
wear and tear during the period of occupancy, if it is reasonable	13371
for the landlord to condition permission for the proposed	13372
modification upon the agreement;	13373

(iii) Paying into an interest-bearing escrow account that is	13374
in the landlord's name, over a reasonable period of time, a	13375
reasonable amount of money not to exceed the projected costs at	13376
the end of the tenancy of the restoration of the interior of the	13377
housing accommodations to the condition they were in prior to the	13378
proposed modification, but subject to reasonable wear and tear	13379
during the period of occupancy, if the landlord finds the account	13380
reasonably necessary to ensure the availability of funds for the	13381
restoration work. The interest earned in connection with an escrow	13382
account described in this division shall accrue to the benefit of	13383
the disabled tenant who makes payments into the account.	13384

(b) A landlord shall not condition permission for a proposed	13385
modification upon a disabled tenant's payment of a security	13386
deposit that exceeds the customarily required security deposit of	13387
all tenants of the particular housing accommodations.	13388

(19) Refuse to make reasonable accommodations in rules,	13389
policies, practices, or services when necessary to afford a person	13390
with a disability equal opportunity to use and enjoy a dwelling	13391
unit, including associated public and common use areas;	13392

(20) Fail to comply with the standards and rules adopted	13393
under division (A) of section 3781.111 of the Revised Code;	13394

(21) Discriminate against any person in the selling,	13395
brokering, or appraising of real property because of race, color,	13396
religion, sex, familial status, ancestry, disability, or national	13397
origin;	13398

(22) Fail to design and construct covered multifamily	13399
dwellings for first occupancy on or after June 30, 1992, in	13400
accordance with the following conditions:	13401

(a) The dwellings shall have at least one building entrance	13402
on an accessible route, unless it is impractical to do so because	13403
of the terrain or unusual characteristics of the site.	13404

(b) With respect to dwellings that have a building entrance	13405
on an accessible route, all of the following apply:	13406

(i) The public use areas and common use areas of the	13407
dwellings shall be readily accessible to and usable by persons	13408
with a disability.	13409

(ii) All the doors designed to allow passage into and within	13410
all premises shall be sufficiently wide to allow passage by	13411
persons with a disability who are in wheelchairs.	13412

(iii) All premises within covered multifamily dwelling units	13413
shall contain an accessible route into and through the dwelling;	13414
all light switches, electrical outlets, thermostats, and other	13415
environmental controls within such units shall be in accessible	13416
locations; the bathroom walls within such units shall contain	13417
reinforcements to allow later installation of grab bars; and the	13418
kitchens and bathrooms within such units shall be designed and	13419
constructed in a manner that enables an individual in a wheelchair	13420
to maneuver about such rooms.	13421

For purposes of division (H)(22) of this section, "covered	13422
multifamily dwellings" means buildings consisting of four or more	13423
units if such buildings have one or more elevators and ground	13424
floor units in other buildings consisting of four or more units.	13425

(I) For any person to discriminate in any manner against any	13426
other person because that person has opposed any unlawful	13427
discriminatory practice defined in this section or because that	13428
person has made a charge, testified, assisted, or participated in	13429
any manner in any investigation, proceeding, or hearing under	13430
sections 4112.01 to 4112.07 of the Revised Code.	13431

(J) For any person to aid, abet, incite, compel, or coerce	13432
the doing of any act declared by this section to be an unlawful	13433
discriminatory practice, to obstruct or prevent any person from	13434
complying with this chapter or any order issued under it, or to	13435
attempt directly or indirectly to commit any act declared by this	13436
section to be an unlawful discriminatory practice.	13437

(K)(1) Nothing in division (H) of this section shall bar any	13438
religious or denominational institution or organization, or any	13439
nonprofit charitable or educational organization that is operated,	13440
supervised, or controlled by or in connection with a religious	13441
organization, from limiting the sale, rental, or occupancy of	13442
housing accommodations that it owns or operates for other than a	13443
commercial purpose to persons of the same religion, or from giving	13444
preference in the sale, rental, or occupancy of such housing	13445
accommodations to persons of the same religion, unless membership	13446
in the religion is restricted on account of race, color, or	13447
national origin.	13448

(2) Nothing in division (H) of this section shall bar any	13449
bona fide private or fraternal organization that, incidental to	13450
its primary purpose, owns or operates lodgings for other than a	13451
commercial purpose, from limiting the rental or occupancy of the	13452
lodgings to its members or from giving preference to its members.	13453

(3) Nothing in division (H) of this section limits the	13454
applicability of any reasonable local, state, or federal	13455
restrictions regarding the maximum number of occupants permitted	13456
to occupy housing accommodations. Nothing in that division	13457
prohibits the owners or managers of housing accommodations from	13458
implementing reasonable occupancy standards based on the number	13459
and size of sleeping areas or bedrooms and the overall size of a	13460
dwelling unit, provided that the standards are not implemented to	13461
circumvent the purposes of this chapter and are formulated,	13462
implemented, and interpreted in a manner consistent with this	13463
chapter and any applicable local, state, or federal restrictions	13464
regarding the maximum number of occupants permitted to occupy	13465
housing accommodations.	13466

(4) Nothing in division (H) of this section requires that	13467
housing accommodations be made available to an individual whose	13468
tenancy would constitute a direct threat to the health or safety	13469
of other individuals or whose tenancy would result in substantial	13470
physical damage to the property of others.	13471

(5) Nothing in division (H) of this section pertaining to	13472
discrimination on the basis of familial status shall be construed	13473
to apply to any of the following:	13474

(a) Housing accommodations provided under any state or	13475
federal program that have been determined under the "Fair Housing	13476
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	13477
amended, to be specifically designed and operated to assist	13478
elderly persons;	13479

(b) Housing accommodations intended for and solely occupied	13480
by persons who are sixty-two years of age or older;	13481

(c) Housing accommodations intended and operated for	13482
occupancy by at least one person who is fifty-five years of age or	13483
older per unit, as determined under the "Fair Housing Amendments	13484
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	13485

(L) Nothing in divisions (A) to (E) of this section shall be	13486
construed to require a person with a disability to be employed or	13487
trained under circumstances that would significantly increase the	13488
occupational hazards affecting either the person with a	13489
disability, other employees, the general public, or the facilities	13490
in which the work is to be performed, or to require the employment	13491
or training of a person with a disability in a job that requires	13492
the person with a disability routinely to undertake any task, the	13493
performance of which is substantially and inherently impaired by	13494
the person's disability.	13495

(M) Nothing in divisions (H)(1) to (18) of this section shall	13496
be construed to require any person selling or renting property to	13497
modify the property in any way or to exercise a higher degree of	13498
care for a person with a disability, to relieve any person with a	13499
disability of any obligation generally imposed on all persons	13500
regardless of disability in a written lease, rental agreement, or	13501
contract of purchase or sale, or to forbid distinctions based on	13502
the inability to fulfill the terms and conditions, including	13503
financial obligations, of the lease, agreement, or contract.	13504

(N) An aggrieved individual may enforce the individual's	13505
rights relative to discrimination on the basis of age as provided	13506
for in this section by instituting a civil action, within one	13507
hundred eighty days after the alleged unlawful discriminatory	13508
practice occurred, in any court with jurisdiction for any legal or	13509
equitable relief that will effectuate the individual's rights.	13510

A person who files a civil action under this division is	13511
barred, with respect to the practices complained of, from	13512
instituting a civil action under section 4112.14 of the Revised	13513
Code and from filing a charge with the commission under section	13514
4112.05 of the Revised Code.	13515

(O) With regard to age, it shall not be an unlawful	13516
discriminatory practice and it shall not constitute a violation of	13517
division (A) of section 4112.14 of the Revised Code for any	13518
employer, employment agency, joint labor-management committee	13519
controlling apprenticeship training programs, or labor	13520
organization to do any of the following:	13521

(1) Establish bona fide employment qualifications reasonably	13522
related to the particular business or occupation that may include	13523
standards for skill, aptitude, physical capability, intelligence,	13524
education, maturation, and experience;	13525

(2) Observe the terms of a bona fide seniority system or any	13526
bona fide employee benefit plan, including, but not limited to, a	13527
retirement, pension, or insurance plan, that is not a subterfuge	13528
to evade the purposes of this section. However, no such employee	13529
benefit plan shall excuse the failure to hire any individual, and	13530
no such seniority system or employee benefit plan shall require or	13531
permit the involuntary retirement of any individual, because of	13532
the individual's age except as provided for in the "Age	13533
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	13534
29 U.S.C.A. 623, as amended by the "Age Discrimination in	13535
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	13536
623, as amended.	13537

(3) Retire an employee who has attained sixty-five years of	13538
age who, for the two-year period immediately before retirement, is	13539
employed in a bona fide executive or a high policymaking position,	13540
if the employee is entitled to an immediate nonforfeitable annual	13541
retirement benefit from a pension, profit-sharing, savings, or	13542
deferred compensation plan, or any combination of those plans, of	13543
the employer of the employee, which equals, in the aggregate, at	13544
least forty-four thousand dollars, in accordance with the	13545
conditions of the "Age Discrimination in Employment Act Amendment	13546
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	13547
Discrimination in Employment Act Amendments of 1986," 100 Stat.	13548
3342, 29 U.S.C.A. 631, as amended;	13549

(4) Observe the terms of any bona fide apprenticeship program	13550
if the program is registered with the Ohio apprenticeship council	13551
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	13552
approved by the federal committee on apprenticeship of the United	13553
States department of labor.	13554

(P) Nothing in this chapter prohibiting age discrimination	13555
and nothing in division (A) of section 4112.14 of the Revised Code	13556
shall be construed to prohibit the following:	13557

(1) The designation of uniform age the attainment of which is	13558
necessary for public employees to receive pension or other	13559
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	13560
or 5505. of the Revised Code;	13561

(2) The mandatory retirement of uniformed patrol officers of	13562
the state highway patrol as provided in section 5505.16 of the	13563
Revised Code;	13564

(3) The maximum age requirements for appointment as a patrol	13565
officer in the state highway patrol established by section 5503.01	13566
of the Revised Code;	13567

(4) The maximum age requirements established for original	13568
appointment to a police department or fire department in sections	13569
124.41 and 124.42 of the Revised Code;	13570

(5) Any maximum age not in conflict with federal law that may	13571
be established by a municipal charter, municipal ordinance, or	13572
resolution of a board of township trustees for original	13573
appointment as a police officer or firefighter;	13574

(6) Any mandatory retirement provision not in conflict with	13575
federal law of a municipal charter, municipal ordinance, or	13576
resolution of a board of township trustees pertaining to police	13577
officers and firefighters;	13578

(7) Until January 1, 1994, the mandatory retirement of any	13579
employee who has attained seventy years of age and who is serving	13580
under a contract of unlimited tenure, or similar arrangement	13581
providing for unlimited tenure, at an institution of higher	13582
education as defined in the "Education Amendments of 1980," 94	13583
Stat. 1503, 20 U.S.C.A. 1141(a).	13584

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	13585
section, for purposes of divisions (A) to (E) of this section, a	13586
disability does not include any physiological disorder or	13587
condition, mental or psychological disorder, or disease or	13588
condition caused by an illegal use of any controlled substance by	13589
an employee, applicant, or other person, if an employer,	13590
employment agency, personnel placement service, labor	13591
organization, or joint labor-management committee acts on the	13592
basis of that illegal use.	13593

(b) Division (Q)(1)(a) of this section does not apply to an	13594
employee, applicant, or other person who satisfies any of the	13595
following:	13596

(i) The employee, applicant, or other person has successfully	13597
completed a supervised drug rehabilitation program and no longer	13598
is engaging in the illegal use of any controlled substance, or the	13599
employee, applicant, or other person otherwise successfully has	13600
been rehabilitated and no longer is engaging in that illegal use.	13601

(ii) The employee, applicant, or other person is	13602
participating in a supervised drug rehabilitation program and no	13603
longer is engaging in the illegal use of any controlled substance.	13604

(iii) The employee, applicant, or other person is erroneously	13605
regarded as engaging in the illegal use of any controlled	13606
substance, but the employee, applicant, or other person is not	13607
engaging in that illegal use.	13608

(2) Divisions (A) to (E) of this section do not prohibit an	13609
employer, employment agency, personnel placement service, labor	13610
organization, or joint labor-management committee from doing any	13611
of the following:	13612

(a) Adopting or administering reasonable policies or	13613
procedures, including, but not limited to, testing for the illegal	13614
use of any controlled substance, that are designed to ensure that	13615
an individual described in division (Q)(1)(b)(i) or (ii) of this	13616
section no longer is engaging in the illegal use of any controlled	13617
substance;	13618

(b) Prohibiting the illegal use of controlled substances and	13619
the use of alcohol at the workplace by all employees;	13620

(c) Requiring that employees not be under the influence of	13621
alcohol or not be engaged in the illegal use of any controlled	13622
substance at the workplace;	13623

(d) Requiring that employees behave in conformance with the	13624
requirements established under "The Drug-Free Workplace Act of	13625
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	13626

(e) Holding an employee who engages in the illegal use of any	13627
controlled substance or who is an alcoholic to the same	13628
qualification standards for employment or job performance, and the	13629
same behavior, to which the employer, employment agency, personnel	13630
placement service, labor organization, or joint labor-management	13631
committee holds other employees, even if any unsatisfactory	13632
performance or behavior is related to an employee's illegal use of	13633
a controlled substance or alcoholism;	13634

(f) Exercising other authority recognized in the "Americans	13635
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	13636
as amended, including, but not limited to, requiring employees to	13637
comply with any applicable federal standards.	13638

(3) For purposes of this chapter, a test to determine the	13639
illegal use of any controlled substance does not include a medical	13640
examination.	13641

(4) Division (Q) of this section does not encourage,	13642
prohibit, or authorize, and shall not be construed as encouraging,	13643
prohibiting, or authorizing, the conduct of testing for the	13644
illegal use of any controlled substance by employees, applicants,	13645
or other persons, or the making of employment decisions based on	13646
the results of that type of testing.	13647

" Sec. 4113.52. (A)(1)(a) If an employee becomes aware in the	13648
course of the employee's employment of a violation of any state or	13649
federal statute or any ordinance, resolution, or regulation of a	13650
political subdivision that the employee's employer has authority	13651
to correct, and the employee reasonably believes that the	13652
violation is a criminal offense that is likely to cause an	13653
imminent risk of physical harm to persons or a hazard to public	13654
health or safety, a felony, or an improper solicitation for a	13655
contribution, the employee orally shall notify the employee's	13656
supervisor or other responsible officer of the employee's employer	13657
of the violation and subsequently shall file with that supervisor	13658
or officer a written report that provides sufficient detail to	13659
identify and describe the violation. If the employer does not	13660
correct the violation or make a reasonable and good faith effort	13661
to correct the violation within twenty-four hours after the oral	13662
notification or the receipt of the report, whichever is earlier,	13663
the employee may file a written report that provides sufficient	13664
detail to identify and describe the violation with the prosecuting	13665
authority of the county or municipal corporation where the	13666
violation occurred, with a peace officer, with the inspector	13667
general if the violation is within the inspector general's	13668
jurisdiction, or with any other appropriate public official or	13669
agency that has regulatory authority over the employer and the	13670
industry, trade, or business in which the employer is engaged.	13671

(b) If an employee makes a report under division (A)(1)(a) of	13672
this section, the employer, within twenty-four hours after the	13673
oral notification was made or the report was received or by the	13674
close of business on the next regular business day following the	13675
day on which the oral notification was made or the report was	13676
received, whichever is later, shall notify the employee, in	13677
writing, of any effort of the employer to correct the alleged	13678
violation or hazard or of the absence of the alleged violation or	13679
hazard.	13680

(2) If an employee becomes aware in the course of the	13681
employee's employment of a violation of chapter 3704., 3734.,	13682
6109., or 6111. of the Revised Code that is a criminal offense,	13683
the employee directly may notify, either orally or in writing, any	13684
appropriate public official or agency that has regulatory	13685
authority over the employer and the industry, trade, or business	13686
in which the employer is engaged.	13687

(3) If an employee becomes aware in the course of the	13688
employee's employment of a violation by a fellow employee of any	13689
state or federal statute, any ordinance, resolution, or regulation	13690
of a political subdivision, or any work rule or company policy of	13691
the employee's employer and the employee reasonably believes that	13692
the violation is a criminal offense that is likely to cause an	13693
imminent risk of physical harm to persons or a hazard to public	13694
health or safety, a felony, or an improper solicitation for a	13695
contribution, the employee orally shall notify the employee's	13696
supervisor or other responsible officer of the employee's employer	13697
of the violation and subsequently shall file with that supervisor	13698
or officer a written report that provides sufficient detail to	13699
identify and describe the violation.	13700

(B) Except as otherwise provided in division (C) of this	13701
section, no employer shall take any disciplinary or retaliatory	13702
action against an employee for making any report authorized by	13703
division (A)(1) or (2) of this section, or as a result of the	13704
employee's having made any inquiry or taken any other action to	13705
ensure the accuracy of any information reported under either such	13706
division. No employer shall take any disciplinary or retaliatory	13707
action against an employee for making any report authorized by	13708
division (A)(3) of this section if the employee made a reasonable	13709
and good faith effort to determine the accuracy of any information	13710
so reported, or as a result of the employee's having made any	13711
inquiry or taken any other action to ensure the accuracy of any	13712
information reported under that division. For purposes of this	13713
division, disciplinary or retaliatory action by the employer	13714
includes, without limitation, doing any of the following:	13715

(1) Removing or suspending the employee from employment;

13716

(2) Withholding from the employee salary increases or	13717
employee benefits to which the employee is otherwise entitled;	13718

(3) Transferring or reassigning the employee;

13719

(4) Denying the employee a promotion that otherwise would	13720
have been received;	13721

(5) Reducing the employee in pay or position.

13722

(C) An employee shall make a reasonable and good faith effort	13723
to determine the accuracy of any information reported under	13724
division (A)(1) or (2) of this section. If the employee who makes	13725
a report under either division fails to make such an effort, the	13726
employee may be subject to disciplinary action by the employee's	13727
employer, including suspension or removal, for reporting	13728
information without a reasonable basis to do so under division	13729
(A)(1) or (2) of this section.	13730

(D) If an employer takes any disciplinary or retaliatory	13731
action against an employee as a result of the employee's having	13732
filed a report under division (A) of this section, the employee	13733
may bring a civil action for appropriate injunctive relief or for	13734
the remedies set forth in division (E) of this section, or both,	13735
within one hundred eighty days after the date the disciplinary or	13736
retaliatory action was taken, in a court of common pleas in	13737
accordance with the Rules of Civil Procedure. A civil action under	13738
this division is not available to an employee as a remedy for any	13739
disciplinary or retaliatory action taken by an appointing	13740
authority against the employee as a result of the employee's	13741
having filed a report under division (A) of section 124.341 of the	13742
Revised Code.	13743

(E) The court, in rendering a judgment for the employee in an	13744
action brought pursuant to division (D) of this section, may	13745
order, as it determines appropriate, reinstatement of the employee	13746
to the same position that the employee held at the time of the	13747
disciplinary or retaliatory action and at the same site of	13748
employment or to a comparable position at that site, the payment	13749
of back wages, full reinstatement of fringe benefits and seniority	13750
rights, or any combination of these remedies. The court also may	13751
award the prevailing party all or a portion of the costs of	13752
litigation and, if the employee who brought the action prevails in	13753
the action, may award the prevailing employee reasonable	13754
attorney's fees, witness fees, and fees for experts who testify at	13755
trial, in an amount the court determines appropriate. If the court	13756
determines that an employer deliberately has violated division (B)	13757
of this section, the court, in making an award of back pay, may	13758
include interest at the rate specified in section 1343.03 of the	13759
Revised Code.	13760

(F) Any report filed with the inspector general under this	13761
section shall be filed as a complaint in accordance with section	13762
121.46 of the Revised Code.	13763

(G) As used in this section:

13764

(1) "Contribution" has the same meaning as in section 3517.01	13765
of the Revised Code.	13766

(2) "Improper solicitation for a contribution" means a	13767
solicitation for a contribution that satisfies all of the	13768
following:	13769

(a) The solicitation violates division (B), (C), or (D) of	13770
section 3517.092 of the Revised Code;	13771

(b) The solicitation is made in person by a public official	13772
or by an employee who has a supervisory role within the public	13773
office;	13774

(c) The public official or employee knowingly made the	13775
solicitation, and the solicitation violates division (B), (C), or	13776
(D) of section 3517.092 of the Revised Code;	13777

(d) The employee reporting the solicitation is an employee of	13778
the same public office as the public official or the employee with	13779
the supervisory role who is making the solicitation.	13780

Sec. 4301.252. (A)(1) Except as provided in divisions	13781
(A)(2)(d), (B), and (C) of this section, when the liquor control	13782
commission determines that the permit of any permit holder is to	13783
be suspended under Title XLIII of the Revised Code or any rule of	13784
the commission, the commission may issue an order allowing a	13785
permit holder to elect to pay a forfeiture for each day of the	13786
suspension in accordance with division (A)(2) of this section,	13787
rather than to suspend operations under the permit holder's permit	13788
issued for the premises at which the violation occurred.	13789

(2)(a) If the permit holder has not violated, at the premises	13790
for which the permit holder's permit was issued, any provision of	13791
Title XLIII of the Revised Code or rule of the commission during	13792
the preceding two years, the amount of the forfeiture for each day	13793
for the suspension shall be from one hundred to two hundred	13794
dollars.	13795

(b) If the permit holder has violated, at the premises for	13796
which the permit holder's permit was issued, any provision of	13797
Title XLIII of the Revised Code or rule of the commission for	13798
which the permit holder has been disciplined by the commission not	13799
more than one other time during the preceding two years, the	13800
amount of the forfeiture for each day of the suspension shall be	13801
from two hundred to four hundred dollars.	13802

(c) Except as provided under division (A)(2)(e) of this	13803
section, if the permit holder has violated, at the premises for	13804
which the permit holder's permit was issued, any provision of	13805
Title XLIII of the Revised Code or rule of the commission for	13806
which the permit holder has been disciplined by the commission	13807
more than once, but not more than twice, during the preceding two	13808
years, the commission shall establish the amount of the forfeiture	13809
for each day of the suspension, but the amount shall be not less	13810
than three hundred dollars for each day of suspension.	13811

(d) If the permit holder has violated, at the premises for	13812
which the permit holder's permit was issued, any provision of	13813
Title XLIII of the Revised Code or rule of the commission for	13814
which the permit holder has been disciplined by the commission	13815
more than twice during the preceding two years, the commission may	13816
suspend or revoke the permit issued for the premises at which the	13817
violation occurred, or the commission shall establish the amount	13818
of the forfeiture for each day of a suspension, but the amount	13819
shall not be less than five hundred dollars for each day of	13820
suspension. The commission, and not the permit holder, shall	13821
determine whether the permit holder shall pay the forfeiture so	13822
established for a suspension instead of having the permit holder's	13823
permit suspended or revoked.	13824

(e) If the permit holder has committed, at the premises for	13825
which the permit holder's permit was issued, a gambling offense as	13826
defined in section 2915.01, a drug abuse offense as defined in	13827
section 2925.01, or an offense described in section 2907.07,	13828
2907.21, 2907.22, 2907.23, 2907.24, or 2907.25, division (A) or	13829
(B) of section 4301.22, or section 4301.69 of the Revised Code or	13830
a municipal ordinance or township resolution substantially	13831
equivalent to any offense defined or described in a section or	13832
division listed in division (A)(2)(e) of this section for which	13833
the permit holder has been disciplined by the commission more than	13834
once, but not more than twice, during the preceding two years, the	13835
commission may suspend or revoke the permit issued for the	13836
premises at which the violation occurred. A person does not have	13837
to plead guilty to or be convicted of an offense defined or	13838
described in a section or division listed in division (A)(2)(e) of	13839
this section in order for this division to apply.	13840

(3) When the commission issues an order allowing a permit	13841
holder the option of paying a forfeiture rather than suspending	13842
operations under the permit holder's permit issued for the	13843
premises at which the violation occurred, the order shall notify	13844
the permit holder of the option of paying a forfeiture. The order	13845
shall state the number of days for which the permit may be	13846
suspended, that the permit holder has twenty-one days after the	13847
date on which the order is sent to pay the full amount of the	13848
forfeiture by bank check, certified check, or money order, and	13849
that, if the permit holder does not do so, the permit holder's	13850
permit issued for the premises at which the violation occurred	13851
shall be suspended for the period stated in the order. If the	13852
permit holder fails to pay the full amount of the forfeiture by	13853
bank check, certified check, or money order within twenty-one days	13854
after the date on which the order is sent, the commission shall	13855
issue an order suspending the permit holder's permit issued for	13856
the premises at which the violation occurred for the period stated	13857
in the order allowing payment of a forfeiture. The suspension	13858
shall be effective on the twenty-eighth day after the date on	13859
which the order allowing the payment of a forfeiture is sent. Even	13860
a permit holder who pays a forfeiture may file an appeal under	13861
section 119.12 of the Revised Code. A permit holder shall be	13862
considered to have paid a forfeiture when the permit holder's bank	13863
check, certified check, or money order is received by the	13864
commission in Columbus. Upon receipt of a permit holder's bank	13865
check, certified check, or money order under this division, the	13866
commission shall promptly notify the division of liquor control of	13867
its receipt.	13868

(B) No permit holder shall be permitted to pay a forfeiture	13869
instead of having the permit holder's permit issued for the	13870
premises at which the violation occurred suspended if the	13871
suspension is ordered for the reasons stated in division (A)(6) of	13872
section 4301.25 of the Revised Code.	13873

(C) When the evidence and the nature of any violation of	13874
Title XLIII of the Revised Code show that continued operation of	13875
the permit premises presents a clear and present danger to public	13876
health and safety, or if the commission finds, upon reliable,	13877
probative, and substantial evidence, that the statutory elements	13878
of a felony committed in connection with the operation of the	13879
permit premises are present in the action for which the permit	13880
holder is being disciplined, the commission may suspend the permit	13881
issued for the premises at which the violation occurred and shall	13882
not allow the permit holder to pay a forfeiture instead of	13883
suspending the permit holder's permit operations.	13884

(D) Except as provided in this division, when the commission	13885
determines that the permit of any permit holder is to be revoked	13886
under Title XLIII of the Revised Code or any rule of the	13887
commission, the commission may issue an order allowing a permit	13888
holder to elect to pay a forfeiture rather than to revoke the	13889
permit holder's permit issued for the premises at which the	13890
violation occurred.	13891

When the commission issues an order allowing a permit holder	13892
the option of paying a forfeiture rather than revoking the permit	13893
holder's permit, the order shall notify the permit holder of the	13894
option of paying a forfeiture. The order shall state the effective	13895
date of the revocation of the permit holder's permit as	13896
twenty-eight days after the date on which the order is sent, that	13897
the permit holder has twenty-one days after the date on which the	13898
order is sent to pay the full amount of the forfeiture by bank	13899
check, certified check, or money order, and that, if the permit	13900
holder does not do so, the permit holder's permit issued for the	13901
premises at which the violation occurred shall be revoked on the	13902
effective date stated in the order. If the permit holder fails to	13903
pay the full amount of the forfeiture by bank check, certified	13904
check, or money order within twenty-one days after the date on	13905
which the order is sent, the commission shall issue an order	13906
revoking the permit holder's permit issued for the premises at	13907
which the violation occurred. The revocation shall be effective	13908
on the twenty-eighth day after the date on which the order	13909
allowing the payment of a forfeiture is sent. A permit holder	13910
shall be considered to have paid a forfeiture when the permit	13911
holder's bank check, certified check, or money order is received	13912
by the commission in Columbus. Upon receipt of a permit holder's	13913
bank check, certified check, or money order, the commission shall	13914
promptly notify the division of liquor control of its receipt.	13915

When the evidence and the nature of any violation of Title	13916
XLIII of the Revised Code show that continued operation of the	13917
permit premises presents a clear and present danger to public	13918
health and safety, or if the commission finds, upon reliable,	13919
probative, and substantial evidence, that the statutory elements	13920
of a felony committed in connection with the operation of the	13921
permit premises are present in the action for which the permit	13922
holder is being disciplined, the commission may revoke the permit	13923
issued for the premises at which the violation occurred and shall	13924
not allow the permit holder to pay a forfeiture instead of	13925
revoking the permit holder's permit.	13926

No permit holder shall be permitted to pay a forfeiture	13927
instead of having the permit holder's permit issued for the	13928
premises at which the violation occurred revoked if the revocation	13929
is ordered for the reasons stated in division (A)(6) or (B) of	13930
section 4301.25 of the Revised Code.	13931

Sec. 4501.11. (A) There is hereby created in the state	13932
treasury the security, investigations, and policing fund.	13933
Notwithstanding section 5503.04 of the Revised Code, no fines	13934
collected from or money arising from bonds or bail forfeited by	13935
persons apprehended or arrested by state highway patrol troopers	13936
shall be credited to the general revenue fund until sufficient	13937
revenue to fund appropriations for the activities described under	13938
division (B) of this section are credited to the security,	13939
investigations, and policing fund. All investment earnings of the	13940
security, investigations, and policing fund shall be credited to	13941
that fund.	13942

This division does not apply to fines for violations of	13943
division (B) of section 4513.263 of the Revised Code, or to fines	13944
for violations of any municipal ordinance or township resolution	13945
that is substantively comparable to that division, which fines	13946
shall be delivered to the treasurer of state as provided in	13947
division (E) of section 4513.263 of the Revised Code.	13948

(B) The money credited to the security, investigations, and	13949
policing fund shall be used to pay the costs of:	13950

(1) Providing security for the governor, other officials and	13951
dignitaries, the capitol square, and other state property pursuant	13952
to division (E) of section 5503.02 of the Revised Code;	13953

(2) Undertaking major criminal investigations that involve	13954
state property interests;	13955

(3) Providing traffic control and security for the Ohio	13956
expositions commission on a full-time, year-round basis;	13957

(4) Performing nonhighway-related duties of the state highway	13958
patrol at the Ohio state fair;	13959

(5) Coordinating homeland security activities.

13960

Sec. 4503.13. (A) A municipal court, county court, or	13961
~~mayor's~~community court, at the court's discretion, may order the	13962
clerk of the court to send to the registrar of motor vehicles a	13963
report containing the name, address, and such other information as	13964
the registrar may require by rule, of any person for whom an	13965
arrest warrant has been issued by that court and is outstanding.	13966

Upon receipt of such a report, the registrar shall enter the	13967
information contained in the report into the records of the bureau	13968
of motor vehicles. Neither the registrar nor any deputy registrar	13969
shall issue a certificate of registration for a motor vehicle	13970
owner or lessee, when a lessee is determinable under procedures	13971
established by the registrar under division (E) of this section,	13972
who is named in the report until the registrar receives	13973
notification from the municipal court, county court, or ~~mayor's~~	13974
community court that there are no outstanding arrest warrants in	13975
the name of the person. The registrar also shall send a notice to	13976
the person who is named in the report, via regular first class	13977
mail sent to the person's last known address as shown in the	13978
records of the bureau, informing the person that neither the	13979
registrar nor any deputy registrar is permitted to issue a	13980
certificate of registration for a motor vehicle in the name of the	13981
person until the registrar receives notification that there are no	13982
outstanding arrest warrants in the name of the person.	13983

(B) A clerk who reports an outstanding arrest warrant in	13984
accordance with division (A) of this section immediately shall	13985
notify the registrar when the warrant has been executed and	13986
returned to the issuing court or has been canceled.	13987

Upon receipt of such notification, the registrar shall charge	13988
and collect from the person named in the executed or canceled	13989
arrest warrant a processing fee of fifteen dollars to cover the	13990
costs of the bureau in administering this section. The registrar	13991
shall deposit all such processing fees into the state bureau of	13992
motor vehicles fund created by section 4501.25 of the Revised	13993
Code.	13994

Upon payment of the processing fee, the registrar shall cause	13995
the report of that outstanding arrest warrant to be removed from	13996
the records of the bureau and, if there are no other outstanding	13997
arrest warrants issued by a municipal court, county court, or	13998
~~mayor's~~community court in the name of the person and the person	13999
otherwise is eligible to be issued a certificate of registration	14000
for a motor vehicle, the registrar or a deputy registrar may issue	14001
a certificate of registration for a motor vehicle in the name of	14002
the person named in the executed or canceled arrest warrant.	14003

(C) Neither the registrar, any employee of the bureau, a	14004
deputy registrar, nor any employee of a deputy registrar is	14005
personally liable for damages or injuries resulting from any error	14006
made by a clerk in entering information contained in a report	14007
submitted to the registrar under this section.	14008

(D) Any information submitted to the registrar by a clerk	14009
under this section shall be transmitted by means of an electronic	14010
data transfer system.	14011

(E) The registrar shall determine the procedures and	14012
information necessary to implement this section in regard to motor	14013
vehicle lessees. Division (A) of this section shall not apply to	14014
cases involving a motor vehicle lessee until such procedures are	14015
established.	14016

Sec. 4503.233. (A)(1) If a court orders the immobilization	14017
of a vehicle for a specified period of time pursuant to section	14018
4510.11, 4510.14, 4510.16, 4510.161, 4510.41, 4511.19, 4511.193,	14019
or 4511.203 of the Revised Code, the court shall issue the	14020
immobilization order in accordance with this division and for the	14021
period of time specified in the particular section, and the	14022
immobilization under the order shall be in accordance with this	14023
section. The court, at the time of sentencing the offender for the	14024
offense relative to which the immobilization order is issued or as	14025
soon thereafter as is practicable, shall give a copy of the order	14026
to the offender or the offender's counsel. The court promptly	14027
shall send a copy of the order to the registrar on a form	14028
prescribed by the registrar and to the person or agency it	14029
designates to execute the order.	14030

The order shall indicate the date on which it is issued,	14031
shall identify the vehicle that is subject to the order, and shall	14032
specify all of the following:	14033

(a) The period of the immobilization;

14034

(b) The place at which the court determines that the	14035
immobilization shall be carried out, provided that the court shall	14036
not determine and shall not specify that the immobilization is to	14037
be carried out at any place other than a commercially operated	14038
private storage lot, a place owned by a law enforcement or other	14039
government agency, or a place to which one of the following	14040
applies:	14041

(i) The place is leased by or otherwise under the control of	14042
a law enforcement or other government agency.	14043

(ii) The place is owned by the offender, the offender's	14044
spouse, or a parent or child of the offender.	14045

(iii) The place is owned by a private person or entity, and,	14046
prior to the issuance of the order, the private entity or person	14047
that owns the place, or the authorized agent of that private	14048
entity or person, has given express written consent for the	14049
immobilization to be carried out at that place.	14050

(iv) The place is a public street or highway on which the	14051
vehicle is parked in accordance with the law.	14052

(c) The person or agency designated by the court to execute	14053
the order, which shall be either the law enforcement agency that	14054
employs the law enforcement officer who seized the vehicle, a	14055
bailiff of the court, another person the court determines to be	14056
appropriate to execute the order, or the law enforcement agency	14057
with jurisdiction over the place of residence of the vehicle	14058
owner;	14059

(d) That neither the registrar nor a deputy registrar will be	14060
permitted to accept an application for the license plate	14061
registration of any motor vehicle in the name of the vehicle owner	14062
until the immobilization fee is paid.	14063

(2) The person or agency the court designates to immobilize	14064
the vehicle shall seize or retain that vehicle's license plates	14065
and forward them to the bureau of motor vehicles.	14066

(3) In all cases, the offender shall be assessed an	14067
immobilization fee of one hundred dollars, and the immobilization	14068
fee shall be paid to the registrar before the vehicle may be	14069
released to the offender. Neither the registrar nor a deputy	14070
registrar shall accept an application for the registration of any	14071
motor vehicle in the name of the offender until the immobilization	14072
fee is paid.	14073

(4) If the vehicle subject to the order is immobilized	14074
pursuant to the order and is found being operated upon any street	14075
or highway in this state during the immobilization period, it	14076
shall be seized, removed from the street or highway, and	14077
criminally forfeited and disposed of pursuant to section 4503.234	14078
of the Revised Code.	14079

(5) The registrar shall deposit the immobilization fee into	14080
the law enforcement reimbursement fund created by section 4501.19	14081
of the Revised Code. Money in the fund shall be expended only as	14082
provided in division (A)(5) of this section. If the court	14083
designated in the order a court bailiff or another appropriate	14084
person other than a law enforcement officer to immobilize the	14085
vehicle, the amount of the fee deposited into the law enforcement	14086
reimbursement fund shall be paid out to the county treasury if the	14087
court that issued the order is a county court, to the treasury of	14088
the municipal corporation served by the court if the court that	14089
issued the order is a ~~mayor's~~community court, or to the city	14090
treasury of the legislative authority of the court, both as	14091
defined in section 1901.03 of the Revised Code, if the court that	14092
issued the order is a municipal court. If the court designated a	14093
law enforcement agency to immobilize the vehicle and if the law	14094
enforcement agency immobilizes the vehicle, the amount of the fee	14095
deposited into the law enforcement reimbursement fund shall be	14096
paid out to the law enforcement agency to reimburse the agency for	14097
the costs it incurs in obtaining immobilization equipment and, if	14098
required, in sending an officer or other person to search for and	14099
locate the vehicle specified in the immobilization order and to	14100
immobilize the vehicle.	14101

In addition to the immobilization fee required to be paid	14102
under division (A)(3) of this section, the offender may be charged	14103
expenses or charges incurred in the removal and storage of the	14104
immobilized vehicle.	14105

(B) If a court issues an immobilization order under division	14106
(A)(1) of this section, the person or agency designated by the	14107
court to execute the immobilization order promptly shall	14108
immobilize or continue the immobilization of the vehicle at the	14109
place specified by the court in the order. The registrar shall not	14110
authorize the release of the vehicle or authorize the issuance of	14111
new identification license plates for the vehicle at the end of	14112
the immobilization period until the immobilization fee has been	14113
paid.	14114

(C) Upon receipt of the license plates for a vehicle under	14115
this section, the registrar shall destroy the license plates. At	14116
the end of the immobilization period and upon the payment of the	14117
immobilization fee that must be paid under this section, the	14118
registrar shall authorize the release of the vehicle and authorize	14119
the issuance, upon the payment of the same fee as is required for	14120
the replacement of lost, mutilated, or destroyed license plates	14121
and certificates of registration, of new license plates and, if	14122
necessary, a new certificate of registration to the offender for	14123
the vehicle in question.	14124

(D)(1) If a court issues an immobilization order under	14125
division (A) of this section, the immobilization period commences	14126
on the day on which the vehicle in question is immobilized. If the	14127
vehicle in question had been seized under section 4510.41 or	14128
4511.195 of the Revised Code, the time between the seizure and the	14129
beginning of the immobilization period shall be credited against	14130
the immobilization period specified in the immobilization order	14131
issued under division (A) of this section. No vehicle that is	14132
immobilized under this section is eligible to have restricted	14133
license plates under section 4503.231 of the Revised Code issued	14134
for that vehicle.	14135

(2) If a court issues an immobilization order under division	14136
(A) of this section, if the vehicle subject to the order is	14137
immobilized under the order, and if the vehicle is found being	14138
operated upon any street or highway of this state during the	14139
immobilization period, it shall be seized, removed from the street	14140
or highway, and criminally forfeited, and disposed of pursuant to	14141
section 4503.234 of the Revised Code. No vehicle that is forfeited	14142
under this provision shall be considered contraband for purposes	14143
of Chapter 2981. of the Revised Code, but shall be held by the law	14144
enforcement agency that employs the officer who seized it for	14145
disposal in accordance with section 4503.234 of the Revised Code.	14146

(3) If a court issues an immobilization order under division	14147
(A) of this section, and if the vehicle is not claimed within	14148
seven days after the end of the period of immobilization or if the	14149
offender has not paid the immobilization fee, the person or agency	14150
that immobilized the vehicle shall send a written notice to the	14151
offender at the offender's last known address informing the	14152
offender of the date on which the period of immobilization ended,	14153
that the offender has twenty days after the date of the notice to	14154
pay the immobilization fee and obtain the release of the vehicle,	14155
and that if the offender does not pay the fee and obtain the	14156
release of the vehicle within that twenty-day period, the vehicle	14157
will be forfeited under section 4503.234 of the Revised Code to	14158
the entity that is entitled to the immobilization fee.	14159

(4) An offender whose motor vehicle is subject to an	14160
immobilization order issued under division (A) of this section	14161
shall not sell the motor vehicle without approval of the court	14162
that issued the order. If such an offender wishes to sell the	14163
motor vehicle during the immobilization period, the offender shall	14164
apply to the court that issued the immobilization order for	14165
permission to assign the title to the vehicle. If the court is	14166
satisfied that the sale will be in good faith and not for the	14167
purpose of circumventing the provisions of division (A)(1) of this	14168
section, it may certify its consent to the offender and to the	14169
registrar. Upon receipt of the court's consent, the registrar	14170
shall enter the court's notice in the offender's vehicle license	14171
plate registration record.	14172

If, during a period of immobilization under an immobilization	14173
order issued under division (A) of this section, the title to the	14174
immobilized motor vehicle is transferred by the foreclosure of a	14175
chattel mortgage, a sale upon execution, the cancellation of a	14176
conditional sales contract, or an order of a court, the involved	14177
court shall notify the registrar of the action, and the registrar	14178
shall enter the court's notice in the offender's vehicle license	14179
plate registration record.	14180

Nothing in this section shall be construed as requiring the	14181
registrar or the clerk of the court of common pleas to note upon	14182
the certificate of title records any prohibition regarding the	14183
sale of a motor vehicle.	14184

(5) If the title to a motor vehicle that is subject to an	14185
immobilization order under division (A) of this section is	14186
assigned or transferred without court approval between the time of	14187
arrest of the offender who committed the offense for which such an	14188
order is to be issued and the time of the actual immobilization of	14189
the vehicle, the court shall order that, for a period of two years	14190
from the date of the order, neither the registrar nor any deputy	14191
registrar shall accept an application for the registration of any	14192
motor vehicle in the name of the offender whose vehicle was	14193
assigned or transferred without court approval. The court shall	14194
notify the registrar of the order on a form prescribed by the	14195
registrar for that purpose.	14196

(6) If the title to a motor vehicle that is subject to an	14197
immobilization order under division (A) of this section is	14198
assigned or transferred without court approval in violation of	14199
division (D)(4) of this section, then, in addition to or	14200
independent of any other penalty established by law, the court may	14201
fine the offender the value of the vehicle as determined by	14202
publications of the national auto dealers association. The	14203
proceeds from any fine so imposed shall be distributed in the same	14204
manner as the proceeds of the sale of a forfeited vehicle are	14205
distributed pursuant to division (C)(2) of section 4503.234 of the	14206
Revised Code.	14207

(E)(1) The court with jurisdiction over the case, after	14208
notice to all interested parties including lienholders, and after	14209
an opportunity for them to be heard, if the offender fails to	14210
appear in person, without good cause, or if the court finds that	14211
the offender does not intend to seek release of the vehicle at the	14212
end of the period of immobilization or that the offender is not or	14213
will not be able to pay the expenses and charges incurred in its	14214
removal and storage, may order that title to the vehicle be	14215
transferred, in order of priority, first into the name of the	14216
entity entitled to the immobilization fee under division (A)(5) of	14217
this section, next into the name of a lienholder, or lastly, into	14218
the name of the owner of the place of storage.	14219

A lienholder that receives title under a court order shall do	14220
so on the condition that it pay any expenses or charges incurred	14221
in the vehicle's removal and storage. If the entity that receives	14222
title to the vehicle is the entity that is entitled to the	14223
immobilization fee under division (A)(5) of this section, it shall	14224
receive title on the condition that it pay any lien on the	14225
vehicle. The court shall not order that title be transferred to	14226
any person or entity other than the owner of the place of storage	14227
if the person or entity refuses to receive the title. Any person	14228
or entity that receives title may either keep title to the vehicle	14229
or may dispose of the vehicle in any legal manner that it	14230
considers appropriate, including assignment of the certificate of	14231
title to the motor vehicle to a salvage dealer or a scrap metal	14232
processing facility. The person or entity shall not transfer the	14233
vehicle to the person who is the vehicle's immediate previous	14234
owner.	14235

If the person or entity assigns the motor vehicle to a	14236
salvage dealer or scrap metal processing facility, the person or	14237
entity shall send the assigned certificate of title to the motor	14238
vehicle to the clerk of the court of common pleas of the county in	14239
which the salvage dealer or scrap metal processing facility is	14240
located. The person or entity shall mark the face of the	14241
certificate of title with the words "FOR DESTRUCTION" and shall	14242
deliver a photocopy of the certificate of title to the salvage	14243
dealer or scrap metal processing facility for its records.	14244

(2) Whenever a court issues an order under division (E)(1) of	14245
this section, the court also shall order removal of the license	14246
plates from the vehicle and cause them to be sent to the registrar	14247
if they have not already been sent to the registrar. Thereafter,	14248
no further proceedings shall take place under this section, but	14249
the offender remains liable for payment of the immobilization fee	14250
described in division (A)(3) of this section if an immobilization	14251
order previously had been issued by the court.	14252

(3) Prior to initiating a proceeding under division (E)(1) of	14253
this section, and upon payment of the fee under division (B) of	14254
section 4505.14 of the Revised Code, any interested party may	14255
cause a search to be made of the public records of the bureau of	14256
motor vehicles or the clerk of the court of common pleas, to	14257
ascertain the identity of any lienholder of the vehicle. The	14258
initiating party shall furnish this information to the clerk of	14259
the court with jurisdiction over the case, and the clerk shall	14260
provide notice to the vehicle owner, the defendant, any	14261
lienholder, and any other interested parties listed by the	14262
initiating party, at the last known address supplied by the	14263
initiating party, by certified mail or, at the option of the	14264
initiating party, by personal service or ordinary mail.	14265

As used in this section, "interested party" includes the	14266
offender, all lienholders, the owner of the place of storage, the	14267
person or entity that caused the vehicle to be removed, and the	14268
person or entity, if any, entitled to the immobilization fee under	14269
division (A)(5) of this section.	14270

Sec. 4503.234. (A) If a court orders the criminal forfeiture	14271
of a vehicle pursuant to section 4503.233, 4503.236, 4510.11,	14272
4510.14, 4510.16, 4510.161, 4510.41, 4511.19, 4511.193, or	14273
4511.203 of the Revised Code, the order shall be issued and	14274
enforced in accordance with this division, subject to division (B)	14275
of this section. An order of criminal forfeiture issued under this	14276
division shall authorize an appropriate law enforcement agency to	14277
seize the vehicle ordered criminally forfeited upon the terms and	14278
conditions that the court determines proper. No vehicle ordered	14279
criminally forfeited pursuant to this division shall be considered	14280
contraband for purposes of Chapter 2981. of the Revised Code, but	14281
the law enforcement agency that employs the officer who seized it	14282
shall hold the vehicle for disposal in accordance with this	14283
section. A forfeiture order may be issued only after the offender	14284
has been provided with an opportunity to be heard. The prosecuting	14285
attorney shall give the offender written notice of the possibility	14286
of forfeiture by sending a copy of the relevant uniform traffic	14287
ticket or other written notice to the offender not less than seven	14288
days prior to the date of issuance of the forfeiture order. A	14289
vehicle is subject to an order of criminal forfeiture pursuant to	14290
this division upon the conviction of the offender of or plea of	14291
guilty by the offender to a violation of division (A) of section	14292
4503.236, section 4510.11, 4510.14, 4510.16, or 4511.203, or	14293
division (A) of section 4511.19 of the Revised Code, or a	14294
municipal ordinance or township resolution that is substantially	14295
equivalent to any of those sections or divisions.	14296

(B)(1) Prior to the issuance of an order of criminal	14297
forfeiture pursuant to this section, the law enforcement agency	14298
that employs the law enforcement officer who seized the vehicle	14299
shall conduct or cause to be conducted a search of the appropriate	14300
public records that relate to the vehicle and shall make or cause	14301
to be made reasonably diligent inquiries to identify any	14302
lienholder or any person or entity with an ownership interest in	14303
the vehicle. The court that is to issue the forfeiture order also	14304
shall cause a notice of the potential order relative to the	14305
vehicle and of the expected manner of disposition of the vehicle	14306
after its forfeiture to be sent to any lienholder or person who is	14307
known to the court to have any right, title, or interest in the	14308
vehicle. The court shall give the notice by certified mail, return	14309
receipt requested, or by personal service.	14310

(2) No order of criminal forfeiture shall be issued pursuant	14311
to this section if a lienholder or other person with an ownership	14312
interest in the vehicle establishes to the court, by a	14313
preponderance of the evidence after filing a motion with the	14314
court, that the lienholder or other person neither knew nor should	14315
have known after a reasonable inquiry that the vehicle would be	14316
used or involved, or likely would be used or involved, in the	14317
violation resulting in the issuance of the order of criminal	14318
forfeiture or the violation of the order of immobilization issued	14319
under section 4503.233 of the Revised Code, that the lienholder or	14320
other person did not expressly or impliedly consent to the use or	14321
involvement of the vehicle in that violation, and that the lien or	14322
ownership interest was perfected pursuant to law prior to the	14323
seizure of the vehicle under section 4503.236, 4510.41, 4511.195,	14324
or 4511.203 of the Revised Code. If the lienholder or holder of	14325
the ownership interest satisfies the court that these criteria	14326
have been met, the court shall preserve the lienholder's or other	14327
person's lien or interest, and the court either shall return the	14328
vehicle to the holder, or shall order that the proceeds of any	14329
sale held pursuant to division (C)(2) of this section be paid to	14330
the lienholder or holder of the interest less the costs of	14331
seizure, storage, and maintenance of the vehicle. The court shall	14332
not return a vehicle to a lienholder or a holder of an ownership	14333
interest unless the lienholder or holder submits an affidavit to	14334
the court that states that the lienholder or holder will not	14335
return the vehicle to the person from whom the vehicle was seized	14336
pursuant to the order of criminal forfeiture or to any member of	14337
that person's family and will not otherwise knowingly permit that	14338
person or any member of that person's family to obtain possession	14339
of the vehicle.	14340

(3) No order of criminal forfeiture shall be issued pursuant	14341
to this section if a person with an interest in the vehicle	14342
establishes to the court, by a preponderance of the evidence after	14343
filing a motion with the court, that the person neither knew nor	14344
should have known after a reasonable inquiry that the vehicle had	14345
been used or was involved in the violation resulting in the	14346
issuance of the order of criminal forfeiture or the violation of	14347
the order of immobilization issued under section 4503.233 of the	14348
Revised Code, that the person did not expressly or impliedly	14349
consent to the use or involvement of the vehicle in that	14350
violation, that the interest was perfected in good faith and for	14351
value pursuant to law between the time of the arrest of the	14352
offender and the final disposition of the criminal charge in	14353
question, and that the vehicle was in the possession of the	14354
interest holder at the time of the perfection of the interest. If	14355
the court is satisfied that the interest holder has met these	14356
criteria, the court shall preserve the interest holder's interest,	14357
and the court either shall return the vehicle to the interest	14358
holder or order that the proceeds of any sale held pursuant to	14359
division (C) of this section be paid to the holder of the interest	14360
less the costs of seizure, storage, and maintenance of the	14361
vehicle. The court shall not return a vehicle to an interest	14362
holder unless the holder submits an affidavit to the court stating	14363
that the holder will not return the vehicle to the person from	14364
whom the holder acquired the holder's interest, nor to any member	14365
of that person's family, and the holder will not otherwise	14366
knowingly permit that person or any member of that person's family	14367
to obtain possession of the vehicle.	14368

(C) A vehicle ordered criminally forfeited to the state	14369
pursuant to this section shall be disposed of as follows:	14370

(1) It shall be given to the law enforcement agency that	14371
employs the law enforcement officer who seized the vehicle, if	14372
that agency desires to have it;	14373

(2) If a vehicle is not disposed of pursuant to division	14374
(C)(1) of this section, the vehicle shall be sold, without	14375
appraisal, if the value of the vehicle is two thousand dollars or	14376
more as determined by publications of the national auto dealer's	14377
association, at a public auction to the highest bidder for cash.	14378
Prior to the sale, the prosecuting attorney in the case shall	14379
cause a notice of the proposed sale to be given in accordance with	14380
law. The court shall cause notice of the sale of the vehicle to be	14381
published in a newspaper of general circulation in the county in	14382
which the court is located at least seven days prior to the date	14383
of the sale. The proceeds of a sale under this division or	14384
division (F) of this section shall be applied in the following	14385
order:	14386

(a) First, they shall be applied to the payment of the costs	14387
incurred in connection with the seizure, storage, and maintenance	14388
of, and provision of security for, the vehicle, any proceeding	14389
arising out of the forfeiture, and if any, the sale.	14390

(b) Second, the remaining proceeds after compliance with	14391
division (C)(2)(a) of this section, shall be applied to the	14392
payment of the value of any lien or ownership interest in the	14393
vehicle preserved under division (B) of this section.	14394

(c) Third, the remaining proceeds, after compliance with	14395
divisions (C)(2)(a) and (b) of this section, shall be applied to	14396
the appropriate funds in accordance with divisions (B) and (C) of	14397
section 2981.13 of the Revised Code, provided that the total of	14398
the amount so deposited under this division shall not exceed one	14399
thousand dollars. The remaining proceeds deposited under this	14400
division shall be used only for the purposes authorized by those	14401
divisions and division (D) of that section.	14402

(d) Fourth, the remaining proceeds after compliance with	14403
divisions (C)(2)(a) and (b) of this section and after deposit of a	14404
total amount of one thousand dollars under division (C)(2)(c) of	14405
this section shall be applied so that fifty per cent of those	14406
remaining proceeds is paid into the reparation fund established by	14407
section 2743.191 of the Revised Code, twenty-five per cent is paid	14408
into the drug abuse resistance education programs fund created by	14409
division (F)(2)(e) of section 4511.191 of the Revised Code and	14410
shall be used only for the purposes authorized by division	14411
(F)(2)(e) of that section, and twenty-five per cent is applied to	14412
the appropriate funds in accordance with divisions (B) and (C) of	14413
section 2981.13 of the Revised Code. The proceeds deposited into	14414
any fund described in section 2981.13 of the Revised Code shall be	14415
used only for the purposes authorized by divisions (B)(4)(c), (C),	14416
and (D) of that section.	14417

(D) Except as provided in division (E) of section 4511.203 of	14418
the Revised Code and notwithstanding any other provision of law,	14419
neither the registrar of motor vehicles nor any deputy registrar	14420
shall accept an application for the registration of any motor	14421
vehicle in the name of any person, or register any motor vehicle	14422
in the name of any person, if both of the following apply:	14423

(1) Any vehicle registered in the person's name was	14424
criminally forfeited under this section and section 4503.233,	14425
4503.236, 4510.10, 4510.11, 4510.14, 4510.16, 4510.41, 4511.19,	14426
4511.193, or 4511.203 of the Revised Code;	14427

(2) Less than five years have expired since the issuance of	14428
the most recent order of criminal forfeiture issued in relation to	14429
a vehicle registered in the person's name.	14430

(E) If a court orders the criminal forfeiture to the state of	14431
a vehicle pursuant to section 4503.233, 4503.236, 4510.10,	14432
4510.11, 4510.14, 4510.16, 4510.161, 4510.41, 4511.19, 4511.193,	14433
or 4511.203 of the Revised Code, the title to the motor vehicle is	14434
assigned or transferred, and division (B)(2) or (3) of this	14435
section applies, in addition to or independent of any other	14436
penalty established by law, the court may fine the offender the	14437
value of the vehicle as determined by publications of the national	14438
auto dealer's association. The proceeds from any fine imposed	14439
under this division shall be distributed in accordance with	14440
division (C)(2) of this section.	14441

(F) As used in this section and divisions (B)(4)(c), (C), and	14442
(D) of section 2981.13 of the Revised Code in relation to	14443
proceeds of the sale of a vehicle under division (C) of this	14444
section, "prosecuting attorney" includes the prosecuting	14445
attorney, village solicitor, city director of law, or similar	14446
chief legal officer of a municipal corporation who prosecutes the	14447
case resulting in the conviction or guilty plea in question.	14448

(G) If the vehicle to be forfeited has an average retail	14449
value of less than two thousand dollars as determined by	14450
publications of the national auto dealer's association, no public	14451
auction is required to be held. In such a case, the court may	14452
direct that the vehicle be disposed of in any manner that it	14453
considers appropriate, including assignment of the certificate of	14454
title to the motor vehicle to a salvage dealer or a scrap metal	14455
processing facility. The court shall not transfer the vehicle to	14456
the person who is the vehicle's immediate previous owner.	14457

If the court assigns the motor vehicle to a salvage dealer or	14458
scrap metal processing facility and the court is in possession of	14459
the certificate of title to the motor vehicle, it shall send the	14460
assigned certificate of title to the motor vehicle to the clerk of	14461
the court of common pleas of the county in which the salvage	14462
dealer or scrap metal processing facility is located. The court	14463
shall mark the face of the certificate of title with the words	14464
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate	14465
of title to the salvage dealer or scrap metal processing facility	14466
for its records.	14467

If the court is not in possession of the certificate of title	14468
to the motor vehicle, the court shall issue an order transferring	14469
ownership of the motor vehicle to a salvage dealer or scrap metal	14470
processing facility, send the order to the clerk of the court of	14471
common pleas of the county in which the salvage dealer or scrap	14472
metal processing facility is located, and send a photocopy of the	14473
order to the salvage dealer or scrap metal processing facility for	14474
its records. The clerk shall make the proper notations or entries	14475
in the clerk's records concerning the disposition of the motor	14476
vehicle.	14477

Sec. 4506.07. (A) Every application for a commercial	14478
driver's license, restricted commercial driver's license, or a	14479
commercial driver's temporary instruction permit, or a duplicate	14480
of such a license, shall be made upon a form approved and	14481
furnished by the registrar of motor vehicles. Except as provided	14482
in section 4506.24 of the Revised Code in regard to a restricted	14483
commercial driver's license, the application shall be signed by	14484
the applicant and shall contain the following information:	14485

(1) The applicant's name, date of birth, social security	14486
account number, sex, general description including height, weight,	14487
and color of hair and eyes, current residence, duration of	14488
residence in this state, country of citizenship, and occupation;	14489

(2) Whether the applicant previously has been licensed to	14490
operate a commercial motor vehicle or any other type of motor	14491
vehicle in another state or a foreign jurisdiction and, if so,	14492
when, by what state, and whether the license or driving privileges	14493
currently are suspended or revoked in any jurisdiction, or the	14494
applicant otherwise has been disqualified from operating a	14495
commercial motor vehicle, or is subject to an out-of-service order	14496
issued under this chapter or any similar law of another state or a	14497
foreign jurisdiction and, if so, the date of, locations involved,	14498
and reason for the suspension, revocation, disqualification, or	14499
out-of-service order;	14500

(3) Whether the applicant is afflicted with or suffering from	14501
any physical or mental disability or disease that prevents the	14502
applicant from exercising reasonable and ordinary control over a	14503
motor vehicle while operating it upon a highway or is or has been	14504
subject to any condition resulting in episodic impairment of	14505
consciousness or loss of muscular control and, if so, the nature	14506
and extent of the disability, disease, or condition, and the names	14507
and addresses of the physicians attending the applicant;	14508

(4) Whether the applicant has obtained a medical examiner's	14509
certificate as required by this chapter;	14510

(5) Whether the applicant has pending a citation for	14511
violation of any motor vehicle law or, ordinance, or resolution	14512
except a parking violation and, if so, a description of the	14513
citation, the court having jurisdiction of the offense, and the	14514
date when the offense occurred;	14515

(6) Whether the applicant wishes to certify willingness to	14516
make an anatomical donation under section 2108.04 of the Revised	14517
Code, which shall be given no consideration in the issuance of a	14518
license;	14519

(7) On and after May 1, 1993, whether the applicant has	14520
executed a valid durable power of attorney for health care	14521
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	14522
executed a declaration governing the use or continuation, or the	14523
withholding or withdrawal, of life-sustaining treatment pursuant	14524
to sections 2133.01 to 2133.15 of the Revised Code and, if the	14525
applicant has executed either type of instrument, whether the	14526
applicant wishes the license issued to indicate that the applicant	14527
has executed the instrument.	14528

(B) Every applicant shall certify, on a form approved and	14529
furnished by the registrar, all of the following:	14530

(1) That the motor vehicle in which the applicant intends to	14531
take the driving skills test is representative of the type of	14532
motor vehicle that the applicant expects to operate as a driver;	14533

(2) That the applicant is not subject to any disqualification	14534
or out-of-service order, or license suspension, revocation, or	14535
cancellation, under the laws of this state, of another state, or	14536
of a foreign jurisdiction and does not have more than one driver's	14537
license issued by this or another state or a foreign jurisdiction;	14538

(3) Any additional information, certification, or evidence	14539
that the registrar requires by rule in order to ensure that the	14540
issuance of a commercial driver's license to the applicant is in	14541
compliance with the law of this state and with federal law.	14542

(C) Every applicant shall execute a form, approved and	14543
furnished by the registrar, under which the applicant consents to	14544
the release by the registrar of information from the applicant's	14545
driving record.	14546

(D) The registrar or a deputy registrar, in accordance with	14547
section 3503.11 of the Revised Code, shall register as an elector	14548
any applicant for a commercial driver's license or for a renewal	14549
or duplicate of such a license under this chapter, if the	14550
applicant is eligible and wishes to be registered as an elector.	14551
The decision of an applicant whether to register as an elector	14552
shall be given no consideration in the decision of whether to	14553
issue the applicant a license or a renewal or duplicate.	14554

(E) The registrar or a deputy registrar, in accordance with	14555
section 3503.11 of the Revised Code, shall offer the opportunity	14556
of completing a notice of change of residence or change of name to	14557
any applicant for a commercial driver's license or for a renewal	14558
or duplicate of such a license who is a resident of this state, if	14559
the applicant is a registered elector who has changed the	14560
applicant's residence or name and has not filed such a notice.	14561

(F) In considering any application submitted pursuant to this	14562
section, the bureau of motor vehicles may conduct any inquiries	14563
necessary to ensure that issuance or renewal of a commercial	14564
driver's license would not violate any provision of the Revised	14565
Code or federal law.	14566

Sec. 4506.15. (A) No person shall do any of the following:

14567

(1) Drive a commercial motor vehicle while having a	14568
measurable or detectable amount of alcohol or of a controlled	14569
substance in the person's blood, breath, or urine;	14570

(2) Drive a commercial motor vehicle while having an alcohol	14571
concentration of four-hundredths of one per cent or more by whole	14572
blood or breath;	14573

(3) Drive a commercial motor vehicle while having an alcohol	14574
concentration of forty-eight-thousandths of one per cent or more	14575
by blood serum or blood plasma;	14576

(4) Drive a commercial motor vehicle while having an alcohol	14577
concentration of fifty-six-thousandths of one per cent or more by	14578
urine;	14579

(5) Drive a motor vehicle while under the influence of a	14580
controlled substance;	14581

(6) Use a motor vehicle in the commission of a felony;

14582

(7) Refuse to submit to a test under section 4506.17 of the	14583
Revised Code;	14584

(8) Operate a commercial motor vehicle while the person's	14585
commercial driving privileges are revoked, suspended, canceled, or	14586
disqualified;	14587

(9) Cause a fatality ~~though~~through the negligent operation	14588
of a commercial motor vehicle, including, but not limited to, the	14589
offenses of aggravated vehicular homicide, vehicular homicide, and	14590
vehicular manslaughter;	14591

(10) Use a motor vehicle in the commission of a felony	14592
involving the manufacture, distribution, or dispensing of a	14593
controlled substance as defined in section 3719.01 of the Revised	14594
Code or the possession with intent to manufacture, distribute, or	14595
dispense a controlled substance;	14596

(11) Drive a commercial motor vehicle in violation of any	14597
provision of sections 4511.61 to 4511.63 of the Revised Code or	14598
any federal or local law or, ordinance, or resolution pertaining	14599
to railroad-highway grade crossings;	14600

(12) Violate any prohibition described in divisions (A)(2) to	14601
(11) of this section while transporting hazardous materials.	14602

(B) Whoever violates this section is guilty of a misdemeanor	14603
of the first degree.	14604

Sec. 4506.18. (A) Any driver who holds a commercial driver's	14605
license issued by this state and is convicted in another state or	14606
a foreign jurisdiction of violating any law or, ordinance, or	14607
resolution relating to motor vehicle traffic control, other than a	14608
parking violation, shall provide written notice of that conviction	14609
within thirty days after the date of conviction to the bureau of	14610
motor vehicles and to the driver's employer in accordance with the	14611
provisions of 49 C.F.R. 383, subpart C, as amended.	14612

(B) Whoever violates this section is guilty of a misdemeanor	14613
of the first degree.	14614

Sec. 4507.02. (A)(1) No person shall permit the operation of	14615
a motor vehicle upon any public or private property used by the	14616
public for purposes of vehicular travel or parking knowing the	14617
operator does not have a valid driver's license issued to the	14618
operator by the registrar of motor vehicles under this chapter or	14619
a valid commercial driver's license issued under Chapter 4506. of	14620
the Revised Code. Whoever violates this division is guilty of a	14621
misdemeanor of the first degree.	14622

(2) No person shall receive a driver's license, or a	14623
motorcycle operator's endorsement of a driver's or commercial	14624
driver's license, unless and until the person surrenders to the	14625
registrar all valid licenses issued to the person by another	14626
jurisdiction recognized by this state. The registrar shall report	14627
the surrender of a license to the issuing authority, together with	14628
information that a license is now issued in this state. The	14629
registrar shall destroy any such license that is not returned to	14630
the issuing authority. No person shall be permitted to have more	14631
than one valid license at any time.	14632

(B)(1) If a person is convicted of a violation of section	14633
4510.11, 4510.14, 4510.16 when division (B)(3) of that section	14634
applies, or 4510.21 of the Revised Code or if division (F) of	14635
section 4507.164 of the Revised Code applies, the trial judge of	14636
any court, in addition to or independent of any other penalties	14637
provided by law or, ordinance, or resolution, shall impound the	14638
identification license plates of any motor vehicle registered in	14639
the name of the person. If a person is convicted of a violation of	14640
section 4510.16 of the Revised Code and division (B)(2) of that	14641
section applies, the trial judge of any court, in addition to or	14642
independent of any other penalties provided by law or, ordinance,	14643
or resolution, may impound the identification license plates of	14644
any motor vehicle registered in the name of the person. The court	14645
shall send the impounded license plates to the registrar, who may	14646
retain the license plates until the driver's or commercial	14647
driver's license of the owner has been reinstated or destroy them	14648
pursuant to section 4503.232 of the Revised Code.	14649

If the license plates of a person convicted of a violation of	14650
any provision of those sections have been impounded in accordance	14651
with the provisions of this division, the court shall notify the	14652
registrar of that action. The notice shall contain the name and	14653
address of the driver, the serial number of the driver's driver's	14654
or commercial driver's license, the serial numbers of the license	14655
plates of the motor vehicle, and the length of time for which the	14656
license plates have been impounded. The registrar shall record the	14657
data in the notice as part of the driver's permanent record.	14658

(2) Any motor vehicle owner who has had the license plates of	14659
a motor vehicle impounded pursuant to division (B)(1) of this	14660
section may apply to the registrar, or to a deputy registrar, for	14661
restricted license plates that shall conform to the requirements	14662
of section 4503.231 of the Revised Code. The registrar or deputy	14663
registrar forthwith shall notify the court of the application and,	14664
upon approval of the court, shall issue restricted license plates	14665
to the applicant. Until the driver's or commercial driver's	14666
license of the owner is reinstated, any new license plates issued	14667
to the owner also shall conform to the requirements of section	14668
4503.231 of the Revised Code.	14669

The registrar or deputy registrar shall charge the owner of a	14670
vehicle the fees provided in section 4503.19 of the Revised Code	14671
for restricted license plates that are issued in accordance with	14672
this division, except upon renewal as specified in section 4503.10	14673
of the Revised Code, when the regular fee as provided in section	14674
4503.04 of the Revised Code shall be charged. The registrar or	14675
deputy registrar shall charge the owner of a vehicle the fees	14676
provided in section 4503.19 of the Revised Code whenever	14677
restricted license plates are exchanged, by reason of the	14678
reinstatement of the driver's or commercial driver's license of	14679
the owner, for those ordinarily issued.	14680

(3) If an owner wishes to sell a motor vehicle during the	14681
time the restricted license plates provided under division (B)(2)	14682
of this section are in use, the owner may apply to the court that	14683
impounded the license plates of the motor vehicle for permission	14684
to transfer title to the motor vehicle. If the court is satisfied	14685
that the sale will be made in good faith and not for the purpose	14686
of circumventing the provisions of this section, it may certify	14687
its consent to the owner and to the registrar of motor vehicles	14688
who shall enter notice of the transfer of the title of the motor	14689
vehicle in the vehicle registration record.	14690

If, during the time the restricted license plates provided	14691
under division (B)(2) of this section are in use, the title to a	14692
motor vehicle is transferred by the foreclosure of a chattel	14693
mortgage, a sale upon execution, the cancellation of a conditional	14694
sales contract, or by order of a court, the court shall notify the	14695
registrar of the action and the registrar shall enter notice of	14696
the transfer of the title to the motor vehicle in the vehicle	14697
registration record.	14698

(C) This section is not intended to change or modify any	14699
provision of Chapter 4503. of the Revised Code with respect to the	14700
taxation of motor vehicles or the time within which the taxes on	14701
motor vehicles shall be paid.	14702

Sec. 4507.06. (A)(1) Every application for a driver's	14703
license or motorcycle operator's license or endorsement, or	14704
duplicate of any such license or endorsement, shall be made upon	14705
the approved form furnished by the registrar of motor vehicles and	14706
shall be signed by the applicant.	14707

Every application shall state the following:

14708

(a) The applicant's name, date of birth, social security	14709
number if such has been assigned, sex, general description,	14710
including height, weight, color of hair, and eyes, residence	14711
address, including county of residence, duration of residence in	14712
this state, and country of citizenship;	14713

(b) Whether the applicant previously has been licensed as an	14714
operator, chauffeur, driver, commercial driver, or motorcycle	14715
operator and, if so, when, by what state, and whether such license	14716
is suspended or canceled at the present time and, if so, the date	14717
of and reason for the suspension or cancellation;	14718

(c) Whether the applicant is now or ever has been afflicted	14719
with epilepsy, or whether the applicant now is suffering from any	14720
physical or mental disability or disease and, if so, the nature	14721
and extent of the disability or disease, giving the names and	14722
addresses of physicians then or previously in attendance upon the	14723
applicant;	14724

(d) Whether an applicant for a duplicate driver's license, or	14725
duplicate license containing a motorcycle operator endorsement has	14726
pending a citation for violation of any motor vehicle law or,	14727
ordinance, or resolution, a description of any such citation	14728
pending, and the date of the citation;	14729

(e) Whether the applicant wishes to certify willingness to	14730
make an anatomical gift under section 2108.04 of the Revised Code,	14731
which shall be given no consideration in the issuance of a license	14732
or endorsement;	14733

(f) Whether the applicant has executed a valid durable power	14734
of attorney for health care pursuant to sections 1337.11 to	14735
1337.17 of the Revised Code or has executed a declaration	14736
governing the use or continuation, or the withholding or	14737
withdrawal, of life-sustaining treatment pursuant to sections	14738
2133.01 to 2133.15 of the Revised Code and, if the applicant has	14739
executed either type of instrument, whether the applicant wishes	14740
the applicant's license to indicate that the applicant has	14741
executed the instrument.	14742

(2) Every applicant for a driver's license shall be	14743
photographed in color at the time the application for the license	14744
is made. The application shall state any additional information	14745
that the registrar requires.	14746

(B) The registrar or a deputy registrar, in accordance with	14747
section 3503.11 of the Revised Code, shall register as an elector	14748
any person who applies for a driver's license or motorcycle	14749
operator's license or endorsement under division (A) of this	14750
section, or for a renewal or duplicate of the license or	14751
endorsement, if the applicant is eligible and wishes to be	14752
registered as an elector. The decision of an applicant whether to	14753
register as an elector shall be given no consideration in the	14754
decision of whether to issue the applicant a license or	14755
endorsement, or a renewal or duplicate.	14756

(C) The registrar or a deputy registrar, in accordance with	14757
section 3503.11 of the Revised Code, shall offer the opportunity	14758
of completing a notice of change of residence or change of name to	14759
any applicant for a driver's license or endorsement under division	14760
(A) of this section, or for a renewal or duplicate of the license	14761
or endorsement, if the applicant is a registered elector who has	14762
changed the applicant's residence or name and has not filed such a	14763
notice.	14764

Sec. 4507.091. (A) A municipal court, county court, or	14765
~~mayor's~~community court, at the court's discretion, may order the	14766
clerk of the court to send to the registrar of motor vehicles a	14767
report containing the name, address, and such other information as	14768
the registrar may require by rule, of any person for whom an	14769
arrest warrant has been issued by that court and is outstanding.	14770

Upon receipt of such a report, the registrar shall enter the	14771
information contained in the report into the records of the bureau	14772
of motor vehicles. Neither the registrar nor any deputy registrar	14773
shall issue a temporary instruction permit or driver's or	14774
commercial driver's license to the person named in the report, or	14775
renew the driver's or commercial driver's license of such person,	14776
until the registrar receives notification from the municipal	14777
court, county court, or mayor's court that there are no	14778
outstanding arrest warrants in the name of the person. The	14779
registrar also shall send a notice to the person who is named in	14780
the report, via regular first class mail sent to the person's last	14781
known address as shown in the records of the bureau, informing the	14782
person that neither the registrar nor any deputy registrar is	14783
permitted to issue a temporary instruction permit or driver's or	14784
commercial driver's license to the person, or renew the driver's	14785
or commercial driver's license of the person, until the registrar	14786
receives notification that there are no outstanding arrest	14787
warrants in the name of the person.	14788

(B) A clerk who reports an outstanding arrest warrant in	14789
accordance with division (A) of this section immediately shall	14790
notify the registrar when the warrant has been executed and	14791
returned to the issuing court or has been canceled. The clerk	14792
shall charge and collect from the person named in the executed or	14793
canceled arrest warrant a processing fee of fifteen dollars to	14794
cover the costs of the bureau in administering this section. The	14795
clerk shall transmit monthly all such processing fees to the	14796
registrar for deposit into the state bureau of motor vehicles fund	14797
created by section 4501.25 of the Revised Code.	14798

Upon receipt of such notification, the registrar shall cause	14799
the report of that outstanding arrest warrant to be removed from	14800
the records of the bureau and, if there are no other outstanding	14801
arrest warrants issued by a municipal court, county court, or	14802
~~mayor's~~community court in the name of the person and the person	14803
otherwise is eligible to be issued a driver's or commercial	14804
driver's license or to have such a license renewed, the registrar	14805
or a deputy registrar may issue a driver's license or commercial	14806
driver's license to the person named in the executed or canceled	14807
arrest warrant, or renew the driver's or commercial driver's	14808
license of such person.	14809

(C) Neither the registrar, any employee of the bureau, a	14810
deputy registrar, nor any employee of a deputy registrar is	14811
personally liable for damages or injuries resulting from any error	14812
made by a clerk in entering information contained in a report	14813
submitted to the registrar under this section.	14814

(D) Any information submitted to the registrar by a clerk	14815
under this section shall be transmitted by means of an electronic	14816
data transfer system.	14817

Sec. 4507.164. (A) Except as provided in divisions (C) to	14818
(E) of this section, when the license of any person is suspended	14819
pursuant to any provision of the Revised Code other than division	14820
(G) of section 4511.19 of the Revised Code and other than section	14821
4510.07 of the Revised Code for a violation of a municipal OVI	14822
ordinance or township OVI resolution, the trial judge may impound	14823
the identification license plates of any motor vehicle registered	14824
in the name of the person.	14825

(B)(1) When the license of any person is suspended pursuant	14826
to division (G)(1)(a) of section 4511.19 of the Revised Code, or	14827
pursuant to section 4510.07 of the Revised Code for a municipal	14828
OVI offense or township OVI offense when the suspension is	14829
equivalent in length to the suspension under division (G) of	14830
section 4511.19 of the Revised Code that is specified in this	14831
division, the trial judge of the court ~~of record~~ or the ~~mayor~~	14832
magistrate of the ~~mayor's~~community court that suspended the	14833
license may impound the identification license plates of any	14834
motor vehicle registered in the name of the person.	14835

(2) When the license of any person is suspended pursuant to	14836
division (G)(1)(b) of section 4511.19 of the Revised Code, or	14837
pursuant to section 4510.07 of the Revised Code for a municipal	14838
OVI offense or township OVI offense when the suspension is	14839
equivalent in length to the suspension under division (G) of	14840
section 4511.19 of the Revised Code that is specified in this	14841
division, the trial judge of the court of record that suspended	14842
the license shall order the impoundment of the identification	14843
license plates of the motor vehicle the offender was operating at	14844
the time of the offense and the immobilization of that vehicle in	14845
accordance with section 4503.233 and division (G)(1)(b) of section	14846
4511.19 or division (B)(2)(a) of section 4511.193 of the Revised	14847
Code and may impound the identification license plates of any	14848
other motor vehicle registered in the name of the person whose	14849
license is suspended.	14850

(3) When the license of any person is suspended pursuant to	14851
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	14852
Code, or pursuant to section 4510.07 of the Revised Code for a	14853
municipal OVI offense or township OVI offense when the suspension	14854
is equivalent in length to the suspension under division (G) of	14855
section 4511.19 of the Revised Code that is specified in this	14856
division, the trial judge of the court of record that suspended	14857
the license shall order the criminal forfeiture to the state of	14858
the motor vehicle the offender was operating at the time of the	14859
offense in accordance with section 4503.234 and division	14860
(G)(1)(c), (d), or (e) of section 4511.19 or division (B)(2)(b) of	14861
section 4511.193 of the Revised Code and may impound the	14862
identification license plates of any other motor vehicle	14863
registered in the name of the person whose license is suspended.	14864

(C)(1) When a person is convicted of or pleads guilty to a	14865
violation of section 4510.14 of the Revised Code or a	14866
substantially equivalent municipal ordinance or township	14867
resolution and division (B)(1) or (2) of section 4510.14 or	14868
division (C)(1) or (2) of section 4510.161 of the Revised Code	14869
applies, the trial judge of the court ~~of record~~ or the ~~mayor~~	14870
magistrate of the ~~mayor's~~community court that imposes sentence	14871
shall order the immobilization of the vehicle the person was	14872
operating at the time of the offense and the impoundment of its	14873
identification license plates in accordance with section 4503.233	14874
and division (B)(1) or (2) of section 4510.14 or division (C)(1)	14875
or (2) of section 4510.161 of the Revised Code and may impound	14876
the identification license plates of any other vehicle registered	14877
in the name of that person.	14878

(2) When a person is convicted of or pleads guilty to a	14879
violation of section 4510.14 of the Revised Code or a	14880
substantially equivalent municipal ordinance or township	14881
resolution and division (B)(3) of section 4510.14 or division	14882
(C)(3) of section 4510.161 of the Revised Code applies, the trial	14883
judge of the court of record that imposes sentence shall order the	14884
criminal forfeiture to the state of the vehicle the person was	14885
operating at the time of the offense in accordance with section	14886
4503.234 and division (B)(3) of section 4510.14 or division (C)(3)	14887
of section 4510.161 of the Revised Code and may impound the	14888
identification license plates of any other vehicle registered in	14889
the name of that person.	14890

(D)~~(1)~~ When a person is convicted of or pleads guilty to a	14891
violation of division (A) of section 4510.16 of the Revised Code	14892
or a substantially equivalent municipal ordinance or township	14893
resolution, division (B) of section 4510.16 or division (B) of	14894
section 4510.161 of the Revised Code applies in determining	14895
whether the immobilization of the vehicle the person was operating	14896
at the time of the offense and the impoundment of its	14897
identification license plates or the criminal forfeiture to the	14898
state of the vehicle the person was operating at the time of the	14899
offense is authorized or required. The trial judge of the court	14900
~~of record~~ or the ~~mayor~~magistrate of the ~~mayor's~~community court	14901
that imposes sentence may impound the identification license	14902
plates of any other vehicle registered in the name of that person.	14903

(E)(1) When a person is convicted of or pleads guilty to a	14904
violation of section 4511.203 of the Revised Code and the person	14905
is sentenced pursuant to division (C)(1) or (2) of section	14906
4511.203 of the Revised Code, the trial judge of the court of	14907
~~record~~ or the ~~mayor~~magistrate of the ~~mayor's~~community court that	14908
imposes sentence shall order the immobilization of the vehicle	14909
that was involved in the commission of the offense and the	14910
impoundment of its identification license plates in accordance	14911
with division (C)(1) or (2) of section 4511.203 and section	14912
4503.233 of the Revised Code and may impound the identification	14913
license plates of any other vehicle registered in the name of that	14914
person.	14915

(2) When a person is convicted of or pleads guilty to a	14916
violation of section 4511.203 of the Revised Code and the person	14917
is sentenced pursuant to division (C)(3) of section 4511.203 of	14918
the Revised Code, the trial judge of the court ~~of record~~ or the	14919
~~mayor~~magistrate of the ~~mayor's~~community court that imposes	14920
sentence shall order the criminal forfeiture to the state of the	14921
vehicle that was involved in the commission of the offense in	14922
accordance with division (C)(3) of section 4511.203 and section	14923
4503.234 of the Revised Code and may impound the identification	14924
license plates of any other vehicle registered in the name of that	14925
person.	14926

(F) Except as provided in section 4503.233 or 4503.234 of the	14927
Revised Code, when the certificate of registration, the	14928
identification license plates, or both have been impounded,	14929
division (B) of section 4507.02 of the Revised Code is applicable.	14930

(G) As used in this section, "municipal OVI offense" ~~has~~and	14931
"township OVI offense" have the same ~~meaning~~meanings as in	14932
section 4511.181 of the Revised Code.	14933

Sec. 4509.33. If a nonresident by final order or judgment of	14934
a court of record ~~or mayor's court~~ is convicted of, or forfeits	14935
bail or collateral deposited to secure an appearance for trial	14936
for, any offense for which the suspension of a license is	14937
provided, the registrar of motor vehicles shall impose a	14938
suspension of the privilege of the nonresident to operate a motor	14939
vehicle for the same period for which suspension of a license by a	14940
court of record is authorized by the applicable section of the	14941
Revised Code. The suspension shall remain in effect until the	14942
expiration of the period so ordered and thereafter until the	14943
nonresident gives and thereafter maintains proof of financial	14944
responsibility in accordance with section 4509.45 of the Revised	14945
Code.	14946

The registrar shall also suspend the privilege of the use in	14947
this state of every motor vehicle owned by the nonresident, except	14948
that the registrar shall not suspend the privilege if the owner	14949
has given or immediately gives and thereafter maintains proof of	14950
financial responsibility with respect to all motor vehicles owned	14951
by the nonresident. The registrar shall restore such privilege of	14952
a nonresident owner when the owner gives and thereafter maintains	14953
proof of financial responsibility in accordance with section	14954
4509.45 of the Revised Code.	14955

Sec. 4509.35. Whenever any person fails within thirty days	14956
to satisfy a judgment rendered within this state, upon the written	14957
request of the judgment creditor or the judgment creditor's	14958
attorney, the clerk of the court ~~which~~that rendered the judgment,	14959
or the ~~judge of the~~community court ~~or mayor of the mayor's court~~	14960
magistrate if the judgment is rendered by a community court that	14961
has no clerk, immediately shall forward a certified copy of the	14962
judgment to the registrar of motor vehicles.	14963

Whenever any nonresident has been convicted of an offense for	14964
which the court is required to impose a license suspension under	14965
any provision of the Revised Code or has forfeited bail given to	14966
secure the nonresident's appearance for trial upon a charge of any	14967
offense for which the court is required to impose a license	14968
suspension under any provision of the Revised Code, the clerk of	14969
~~every~~the court ~~of record and the mayor of every mayor's~~, or the	14970
community court magistrate if the license suspension is imposed by	14971
a community court that has no clerk, immediately shall forward to	14972
the registrar a certified copy or transcript of the conviction or	14973
order forfeiture of bail.	14974

Sec. 4510.01. As used in this title and in Title XXIX of the	14975
Revised Code:	14976

(A) "Cancel" or "cancellation" means the annulment or	14977
termination by the bureau of motor vehicles of a driver's license,	14978
commercial driver's license, temporary instruction permit,	14979
probationary license, or nonresident operating privilege because	14980
it was obtained unlawfully, issued in error, altered, or willfully	14981
destroyed, or because the holder no longer is entitled to the	14982
license, permit, or privilege.	14983

(B) "Drug abuse offense," "cocaine," and "L.S.D." have the	14984
same meanings as in section 2925.01 of the Revised Code.	14985

(C) "Ignition interlock device" means a device approved by	14986
the director of public safety that connects a breath analyzer to a	14987
motor vehicle's ignition system, that is constantly available to	14988
monitor the concentration by weight of alcohol in the breath of	14989
any person attempting to start that motor vehicle by using its	14990
ignition system, and that deters starting the motor vehicle by use	14991
of its ignition system unless the person attempting to start the	14992
vehicle provides an appropriate breath sample for the device and	14993
the device determines that the concentration by weight of alcohol	14994
in the person's breath is below a preset level.	14995

(D) "Immobilizing or disabling device" means a device	14996
approved by the director of public safety that may be ordered by a	14997
court to be used by an offender as a condition of limited driving	14998
privileges. "Immobilizing or disabling device" includes an	14999
ignition interlock device, and any prototype device that is used	15000
according to protocols designed to ensure efficient and effective	15001
monitoring of limited driving privileges granted by a court to an	15002
offender.	15003

(E) "Moving violation" means any violation of any statute or,	15004
ordinance, or township resolution that regulates the operation of	15005
vehicles, streetcars, or trackless trolleys on the highways or	15006
streets. "Moving violation" does not include a violation of	15007
section 4513.263 of the Revised Code or a substantially equivalent	15008
municipal ordinance or township resolution, a violation of any	15009
statute or, ordinance, or township resolution regulating	15010
pedestrians or the parking of vehicles, vehicle size or load	15011
limitations, vehicle fitness requirements, or vehicle	15012
registration.	15013

(F) "Municipal OVI ordinance," ~~and~~ "municipal OVI offense,"	15014
"township OVI resolution," and "township OVI offense" have the	15015
same meanings as in section 4511.181 of the Revised Code.	15016

(G) "Prototype device" means any testing device to monitor	15017
limited driving privileges that has not yet been approved or	15018
disapproved by the director of public safety.	15019

(H) "Suspend" or "suspension" means the permanent or	15020
temporary withdrawal, by action of a court or the bureau of motor	15021
vehicles, of a driver's license, commercial driver's license,	15022
temporary instruction permit, probationary license, or nonresident	15023
operating privilege for the period of the suspension or the	15024
permanent or temporary withdrawal of the privilege to obtain a	15025
license, permit, or privilege of that type for the period of the	15026
suspension.	15027

(I) "Controlled substance" and "marihuana" have the same	15028
meanings as in section 3719.01 of the Revised Code.	15029

Sec. 4510.03. (A) Every ~~county court judge, mayor of a~~	15030
~~mayor's court, and~~ clerk of a court ~~of record~~, or judge or	15031
community court magistrate if the court has no clerk, shall keep a	15032
full record of every case in which a person is charged with any	15033
violation of any provision of sections 4511.01 to 4511.771 or	15034
4513.01 to 4513.36 of the Revised Code or of any other law or,	15035
ordinance, or resolution regulating the operation of vehicles,	15036
streetcars, and trackless trolleys on highways or streets.	15037

(B) If a person is convicted of or forfeits bail in relation	15038
to a violation of any section listed in division (A) of this	15039
section or a violation of any other law or, ordinance, or	15040
resolution regulating the operation of vehicles, streetcars, and	15041
trackless trolleys on highways or streets, the ~~county court~~ judge,	15042
~~mayor of a mayor's court~~community court magistrate, or clerk,	15043
within ten days after the conviction or bail forfeiture, shall	15044
prepare and immediately forward to the bureau of motor vehicles an	15045
abstract, certified by the preparer to be true and correct, of the	15046
court record covering the case in which the person was convicted	15047
or forfeited bail. Every court ~~of record~~ also shall forward to	15048
the bureau of motor vehicles an abstract of the court record as	15049
described in division (C) of this section upon the conviction of	15050
any person of aggravated vehicular homicide or vehicular homicide	15051
or of a felony in the commission of which a vehicle was used.	15052

(C) Each abstract required by this section shall be made upon	15053
a form approved and furnished by the bureau and shall include the	15054
name and address of the person charged, the number of the person's	15055
driver's or commercial driver's license, probationary driver's	15056
license, or temporary instruction permit, the registration number	15057
of the vehicle involved, the nature of the offense, the date of	15058
the offense, the date of hearing, the plea, the judgment, or	15059
whether bail was forfeited, and the amount of the fine or	15060
forfeiture.	15061

Sec. 4510.031. (A) A United States district court that has	15062
jurisdiction within this state may utilize the provisions of	15063
section 4510.03 of the Revised Code in regard to any case in which	15064
a person is charged with any violation of any provision of	15065
sections 4511.01 to 4511.771 or 4513.01 to 4513.36 of the Revised	15066
Code or of any other law or, ordinance, or resolution regulating	15067
the operation of vehicles, streetcars, and trackless trolleys on	15068
highways or streets located on federal property within this state.	15069
The court also may forward to the bureau an abstract upon the	15070
conviction of any person of aggravated vehicular homicide or	15071
vehicular homicide or of a felony in the commission of which a	15072
vehicle was used.	15073

(B) If a United States district court acts under this	15074
section, it shall follow the procedures established in section	15075
4510.03 of the Revised Code.	15076

(C) The bureau of motor vehicles shall accept and process an	15077
abstract received from a United States district court under this	15078
section in the same manner as it accepts and processes an abstract	15079
received from a county court judge, ~~mayor of a mayor's~~community	15080
court magistrate, or clerk of a court ~~of record~~.	15081

Sec. 4510.032. (A) If a person is charged with a violation	15082
of section 4511.19 of the Revised Code or a violation of any	15083
municipal OVI ordinance or township OVI resolution; if that charge	15084
is dismissed or reduced; if the person is convicted of or	15085
forfeits bail in relation to a violation of any other section of	15086
the Revised Code or of any ordinance that regulates the operation	15087
of vehicles, streetcars, and trackless trolleys on highways and	15088
streets but that does not relate to operating a vehicle while	15089
under the influence of alcohol, a drug of abuse, or a combination	15090
of them or to operating a vehicle with a prohibited concentration	15091
of alcohol, a controlled substance, or a metabolite of a	15092
controlled substance in the whole blood, blood serum or plasma,	15093
breath, or urine; and if the violation of which the person was	15094
convicted or in relation to which the person forfeited bail arose	15095
out of the same facts and circumstances and the same act as did	15096
the charge that was dismissed or reduced, the abstract prepared	15097
under section 4510.03 of the Revised Code also shall set forth the	15098
charge that was dismissed or reduced, indicate that it was	15099
dismissed or reduced, and indicate that the violation resulting in	15100
the conviction or bail forfeiture arose out of the same facts and	15101
circumstances and the same act as did the charge that was	15102
dismissed or reduced.	15103

(B) If a charge against a person of a violation of division	15104
(A) of section 4510.11, division (A) of section 4510.14, or	15105
division (A) of section 4510.16 of the Revised Code or any	15106
municipal ordinance or township resolution that is substantially	15107
equivalent to any of those divisions is dismissed or reduced and	15108
if the person is convicted of or forfeits bail in relation to a	15109
violation of any other section of the Revised Code or any other	15110
ordinance that regulates the operation of vehicles, streetcars,	15111
and trackless trolleys on highways and streets that arose out of	15112
the same facts and circumstances as did the charge that was	15113
dismissed or reduced, the abstract also shall set forth the charge	15114
that was dismissed or reduced, indicate that it was dismissed or	15115
reduced, and indicate that the violation resulting in the	15116
conviction or bail forfeiture arose out of the same facts and	15117
circumstances and the same act as did the charge that was	15118
dismissed or reduced.	15119

(C)(1) If a child has been adjudicated an unruly or	15120
delinquent child or a juvenile traffic offender for having	15121
committed any act that if committed by an adult would be a drug	15122
abuse offense or any violation of division (B) of section 2917.11	15123
or of section 4511.19 of the Revised Code, the court shall notify	15124
the bureau, by means of an abstract of the court record as	15125
described in divisions (B) and (C) of section 4510.03 of the	15126
Revised Code, within ten days after the adjudication.	15127

(2) If a court requires a child to attend a drug abuse or	15128
alcohol abuse education, intervention, or treatment program, the	15129
abstract required by division (C)(1) of this section and forwarded	15130
to the bureau also shall include the name and address of the	15131
operator of the program and the date that the child entered the	15132
program. If the child satisfactorily completes the program, the	15133
court, immediately upon receipt of the information, shall send to	15134
the bureau an updated abstract that also shall contain the date on	15135
which the child satisfactorily completed the program.	15136

Sec. 4510.034. (A) Division (B) of this section applies in	15137
relation to persons who are convicted of or plead guilty to any of	15138
the following:	15139

(1) A violation of division (A) of section 4510.11, division	15140
(A) of section 4510.14, or division (A) of section 4510.16 of the	15141
Revised Code;	15142

(2) A violation of a municipal ordinance or township	15143
resolution substantially equivalent to any division set forth in	15144
division (A)(1) of this section;	15145

(3) A violation of division (A) of section 4511.19 of the	15146
Revised Code or a violation of section 4511.203 of the Revised	15147
Code;	15148

(4) A violation of a municipal OVI ordinance or township OVI	15149
resolution.	15150

(B) If a person is convicted of or pleads guilty to any	15151
violation set forth in division (A) of this section and if	15152
division (D) of section 4503.234 of the Revised Code prohibits the	15153
registrar of motor vehicles and all deputy registrars from	15154
accepting an application for the registration of, or registering,	15155
any motor vehicle in the name of that person, the abstract	15156
prepared pursuant to section 4510.03, 4510.031, or 4510.032 of the	15157
Revised Code shall specifically set forth these facts and clearly	15158
indicate the date on which the order of criminal forfeiture was	15159
issued or would have been issued but for the operation of section	15160
4503.234 of the Revised Code. If the registrar receives an	15161
abstract containing this information relating to a person, the	15162
registrar, in accordance with sections 4503.12 and 4503.234 of the	15163
Revised Code, shall take all necessary measures to prevent the	15164
registrar's office or any deputy registrar from accepting from the	15165
person, for the period of time ending five years after the date on	15166
which the order was issued or would have been issued and as	15167
described in section 4503.234 of the Revised Code, any new	15168
application for the registration of any motor vehicle in the name	15169
of the person.	15170

Sec. 4510.036. (A) The bureau of motor vehicles shall record	15171
within ten days, after receipt, and shall keep at its main office,	15172
all abstracts received under this section or section 4510.03,	15173
4510.031, 4510.032, or 4510.034 of the Revised Code and shall	15174
maintain records of convictions and bond forfeitures for any	15175
violation of a state law ~~or a~~, municipal ordinance, or township	15176
resolution regulating the operation of vehicles, streetcars, and	15177
trackless trolleys on highways and streets, except a violation	15178
related to parking a motor vehicle.	15179

(B) Every court of record ~~or mayor's court~~ before which a	15180
person is charged with a violation for which points are chargeable	15181
by this section shall assess and transcribe to the abstract of	15182
conviction that is furnished by the bureau to the court the number	15183
of points chargeable by this section in the correct space assigned	15184
on the reporting form. A United States district court that has	15185
jurisdiction within this state and before which a person is	15186
charged with a violation for which points are chargeable by this	15187
section may assess and transcribe to the abstract of conviction	15188
report that is furnished by the bureau the number of points	15189
chargeable by this section in the correct space assigned on the	15190
reporting form. If the federal court so assesses and transcribes	15191
the points chargeable for the offense and furnishes the report to	15192
the bureau, the bureau shall record the points in the same manner	15193
as those assessed and transcribed by a court of record ~~or mayor's~~	15194
~~court~~.	15195

(C) A court shall assess the following points for an offense	15196
based on the following formula:	15197

(1) Aggravated vehicular homicide, vehicular homicide,	15198
vehicular manslaughter, aggravated vehicular assault, or vehicular	15199
assault when the offense involves the operation of a vehicle,	15200
streetcar, or trackless trolley on a highway or street ..........	15201
6 points	15202

(2) A violation of section 2921.331 of the Revised Code or	15203
any ordinance or resolution prohibiting the willful fleeing or	15204
eluding of a law enforcement officer .......... 6 points	15205

(3) A violation of section 4549.02 or 4549.021 of the Revised	15206
Code or any ordinance or resolution requiring the driver of a	15207
vehicle to stop and disclose identity at the scene of an accident	15208
.......... 6 points	15209

(4) A violation of section 4511.251 of the Revised Code or	15210
any ordinance or resolution prohibiting street racing .......... 6	15211
points	15212

(5) A violation of section 4510.11, 4510.14, 4510.16, or	15213
4510.21 of the Revised Code or any ordinance or resolution	15214
prohibiting the operation of a motor vehicle while the driver's or	15215
commercial driver's license is under suspension .......... 6	15216
points	15217

(6) A violation of division (A) of section 4511.19 of the	15218
Revised Code, any ordinance or resolution prohibiting the	15219
operation of a vehicle while under the influence of alcohol, a	15220
drug of abuse, or a combination of them, or any ordinance or	15221
resolution substantially equivalent to division (A) of section	15222
4511.19 of the Revised Code prohibiting the operation of a vehicle	15223
with a prohibited concentration of alcohol, a controlled	15224
substance, or a metabolite of a controlled substance in the whole	15225
blood, blood serum or plasma, breath, or urine .......... 6 points	15226

(7) A violation of section 2913.03 of the Revised Code that	15227
does not involve an aircraft or motorboat or any ordinance or	15228
resolution prohibiting the operation of a vehicle without the	15229
consent of the owner .......... 6 points	15230

(8) Any offense under the motor vehicle laws of this state	15231
that is a felony, or any other felony in the commission of which a	15232
motor vehicle was used .......... 6 points	15233

(9) A violation of division (B) of section 4511.19 of the	15234
Revised Code or any ordinance or resolution substantially	15235
equivalent to that division prohibiting the operation of a vehicle	15236
with a prohibited concentration of alcohol in the whole blood,	15237
blood serum or plasma, breath, or urine .......... 4 points	15238

(10) A violation of section 4511.20 of the Revised Code or	15239
any ordinance or resolution prohibiting the operation of a motor	15240
vehicle in willful or wanton disregard of the safety of persons or	15241
property .......... 4 points	15242

(11) A violation of any law or, ordinance, or resolution	15243
pertaining to speed:	15244

(a) Notwithstanding divisions (C)(11)(b) and (c) of this	15245
section, when the speed exceeds the lawful speed limit by thirty	15246
miles per hour or more .......... 4 points	15247

(b) When the speed exceeds the lawful speed limit of	15248
fifty-five miles per hour or more by more than ten miles per hour	15249
.......... 2 points	15250

(c) When the speed exceeds the lawful speed limit of less	15251
than fifty-five miles per hour by more than five miles per hour	15252
.......... 2 points	15253

(d) When the speed does not exceed the amounts set forth in	15254
divisions (C)(11)(a), (b), or (c) of this section .......... 0	15255
points	15256

(12) Operating a motor vehicle in violation of a restriction	15257
imposed by the registrar .......... 2 points	15258

(13) All other moving violations reported under this section	15259
.......... 2 points	15260

(D) Upon receiving notification from the proper court,	15261
including a United States district court that has jurisdiction	15262
within this state, the bureau shall delete any points entered for	15263
a bond forfeiture if the driver is acquitted of the offense for	15264
which bond was posted.	15265

(E) If a person is convicted of or forfeits bail for two or	15266
more offenses arising out of the same facts and points are	15267
chargeable for each of the offenses, points shall be charged for	15268
only the conviction or bond forfeiture for which the greater	15269
number of points is chargeable, and, if the number of points	15270
chargeable for each offense is equal, only one offense shall be	15271
recorded, and points shall be charged only for that offense.	15272

Sec. 4510.038. (A) Any person whose driver's or commercial	15273
driver's license or permit is suspended or who is granted limited	15274
driving privileges under section 4510.037, under division (H) of	15275
section 4511.19, or under section 4510.07 of the Revised Code for	15276
a violation of a municipal ordinance or township resolution that	15277
is substantially equivalent to division (B) of section 4511.19 of	15278
the Revised Code is not eligible to retain the license, or to have	15279
the driving privileges reinstated, until each of the following has	15280
occurred:	15281

(1) The person successfully completes a course of remedial	15282
driving instruction approved by the director of public safety. A	15283
minimum of twenty-five per cent of the number of hours of	15284
instruction included in the course shall be devoted to instruction	15285
on driver attitude.	15286

The course also shall devote a number of hours to instruction	15287
in the area of alcohol and drugs and the operation of vehicles.	15288
The instruction shall include, but not be limited to, a review of	15289
the laws governing the operation of a vehicle while under the	15290
influence of alcohol, drugs, or a combination of them, the dangers	15291
of operating a vehicle while under the influence of alcohol,	15292
drugs, or a combination of them, and other information relating to	15293
the operation of vehicles and the consumption of alcoholic	15294
beverages and use of drugs. The director, in consultation with the	15295
director of alcohol and drug addiction services, shall prescribe	15296
the content of the instruction. The number of hours devoted to the	15297
area of alcohol and drugs and the operation of vehicles shall	15298
comprise a minimum of twenty-five per cent of the number of hours	15299
of instruction included in the course.	15300

(2) The person is examined in the manner provided for in	15301
section 4507.20 of the Revised Code, and found by the registrar of	15302
motor vehicles to be qualified to operate a motor vehicle;	15303

(3) The person gives and maintains proof of financial	15304
responsibility, in accordance with section 4509.45 of the Revised	15305
Code.	15306

(B) Any course of remedial driving instruction the director	15307
of public safety approves under this section shall require its	15308
students to attend at least fifty per cent of the course in	15309
person. The director shall not approve any course of remedial	15310
driving instruction that permits its students to take more than	15311
fifty per cent of the course in any other manner, including via	15312
video teleconferencing or the internet.	15313

Sec. 4510.04. It is an affirmative defense to any	15314
prosecution brought under section 4510.11, 4510.14, 4510.16, or	15315
4510.21 of the Revised Code or under any substantially equivalent	15316
municipal ordinance or township resolution that the alleged	15317
offender drove under suspension, without a valid permit or	15318
driver's or commercial driver's license, or in violation of a	15319
restriction because of a substantial emergency, and because no	15320
other person was reasonably available to drive in response to the	15321
emergency.	15322

It is an affirmative defense to any prosecution brought under	15323
section 4510.16 of the Revised Code that the order of suspension	15324
resulted from the failure of the alleged offender to respond to a	15325
financial responsibility random verification request under	15326
division (A)(3)(c) of section 4509.101 of the Revised Code and	15327
that, at the time of the initial financial responsibility random	15328
verification request, the alleged offender was in compliance with	15329
division (A)(1) of section 4509.101 of the Revised Code as shown	15330
by proof of financial responsibility that was in effect at the	15331
time of that request.	15332

Sec. 4510.05. Except as otherwise provided in section	15333
4510.07 or in any other provision of the Revised Code, whenever an	15334
offender is convicted of or pleads guilty to a violation of a	15335
municipal ordinance or township resolution that is substantially	15336
similar to a provision of the Revised Code, and a court is	15337
permitted or required to suspend a person's driver's or commercial	15338
driver's license or permit for a violation of that provision, a	15339
court, in addition to any other penalties authorized by law, may	15340
suspend the offender's driver's or commercial driver's license or	15341
permit or nonresident operating privileges for the period of time	15342
the court determines appropriate, but the period of suspension	15343
imposed for the violation of the municipal ordinance or township	15344
resolution shall not exceed the period of suspension that is	15345
permitted or required to be imposed for the violation of the	15346
provision of the Revised Code to which the municipal ordinance or	15347
township resolution is substantially similar.	15348

Sec. 4510.07. The court imposing a sentence upon an offender	15349
for any violation of a municipal ordinance or township resolution	15350
that is substantially equivalent to a violation of section 2903.06	15351
or 2907.24 of the Revised Code or for any violation of a municipal	15352
OVI ordinance or township OVI resolution also shall impose a	15353
suspension of the offender's driver's license, commercial driver's	15354
license, temporary instruction permit, probationary license, or	15355
nonresident operating privilege from the range specified in	15356
division (B) of section 4510.02 of the Revised Code that is	15357
equivalent in length to the suspension required for a violation of	15358
section 2903.06 or 2907.24 or division (A) or (B) of section	15359
4511.19 of the Revised Code under similar circumstances.	15360

Sec. 4510.11. (A) No person whose driver's or commercial	15361
driver's license or permit or nonresident operating privilege has	15362
been suspended under any provision of the Revised Code, other than	15363
Chapter 4509. of the Revised Code, or under any applicable law in	15364
any other jurisdiction in which the person's license or permit was	15365
issued shall operate any motor vehicle upon the public roads and	15366
highways or upon any public or private property used by the public	15367
for purposes of vehicular travel or parking within this state	15368
during the period of suspension unless the person is granted	15369
limited driving privileges and is operating the vehicle in	15370
accordance with the terms of the limited driving privileges.	15371

(B) No person shall operate any motor vehicle upon a highway	15372
or any public or private property used by the public for purposes	15373
of vehicular travel or parking in this state in violation of any	15374
restriction of the person's driver's or commercial driver's	15375
license or permit imposed under division (D) of section 4506.10 or	15376
under section 4507.14 of the Revised Code.	15377

(C)(1) Whoever violates this section is guilty of driving	15378
under suspension or in violation of a license restriction, a	15379
misdemeanor of the first degree. The court shall impose upon the	15380
offender a class seven suspension of the offender's driver's	15381
license, commercial driver's license, temporary instruction	15382
permit, probationary license, or nonresident operating privilege	15383
from the range specified in division (A)(7) of section 4510.02 of	15384
the Revised Code.	15385

(2) Except as provided in division (C)(3) or (4) of this	15386
section, the court, in addition to any other penalty that it	15387
imposes on the offender and if the vehicle is registered in the	15388
offender's name, shall order the immobilization of the vehicle	15389
involved in the offense for thirty days in accordance with section	15390
4503.233 of the Revised Code and the impoundment of that vehicle's	15391
license plates for thirty days.	15392

(3) If the offender previously has been convicted of or	15393
pleaded guilty to one violation of this section or of a	15394
substantially similar municipal ordinance or township resolution,	15395
the court, in addition to any other sentence that it imposes on	15396
the offender and if the vehicle is registered in the offender's	15397
name, shall order the immobilization of the vehicle involved in	15398
the offense for sixty days in accordance with section 4503.233 of	15399
the Revised Code and the impoundment of that vehicle's license	15400
plates for sixty days.	15401

(4) If the offender previously has been convicted of or	15402
pleaded guilty to two or more violations of this section or of a	15403
substantially similar municipal ordinance or township resolution,	15404
the court, in addition to any other sentence that it imposes on	15405
the offender and if the vehicle is registered in the offender's	15406
name, shall order the criminal forfeiture of the vehicle involved	15407
in the offense to the state.	15408

(D) Any order for immobilization and impoundment under this	15409
section shall be issued and enforced under section 4503.233 of the	15410
Revised Code. The court shall not release a vehicle from	15411
immobilization ordered under this section unless the court is	15412
presented with current proof of financial responsibility with	15413
respect to that vehicle.	15414

(E) Any order of criminal forfeiture under this section shall	15415
be issued and enforced under section 4503.234 of the Revised Code.	15416
Upon receipt of the copy of the order from the court, neither the	15417
registrar of motor vehicles nor a deputy registrar shall accept	15418
any application for the registration or transfer of registration	15419
of any motor vehicle owned or leased by the person named in the	15420
declaration of forfeiture. The period of registration denial shall	15421
be five years after the date of the order, unless, during that	15422
period, the court having jurisdiction of the offense that led to	15423
the order terminates the forfeiture and notifies the registrar of	15424
the termination. The registrar then shall take necessary measures	15425
to permit the person to register a vehicle owned or leased by the	15426
person or to transfer registration of the vehicle.	15427

Sec. 4510.12. (A)(1) No person, except those expressly	15428
exempted under sections 4507.03, 4507.04, and 4507.05 of the	15429
Revised Code, shall operate any motor vehicle upon a public road	15430
or highway or any public or private property used by the public	15431
for purposes of vehicular travel or parking in this state unless	15432
the person has a valid driver's license issued under Chapter 4507.	15433
of the Revised Code or a commercial driver's license issued under	15434
Chapter 4506. of the Revised Code.	15435

(2) No person, except a person expressly exempted under	15436
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall	15437
operate any motorcycle upon a public road or highway or any public	15438
or private property used by the public for purposes of vehicular	15439
travel or parking in this state unless the person has a valid	15440
license as a motorcycle operator that was issued upon application	15441
by the registrar of motor vehicles under Chapter 4507. of the	15442
Revised Code. The license shall be in the form of an endorsement,	15443
as determined by the registrar, upon a driver's or commercial	15444
driver's license, if the person has a valid license to operate a	15445
motor vehicle or commercial motor vehicle, or in the form of a	15446
restricted license as provided in section 4507.14 of the Revised	15447
Code, if the person does not have a valid license to operate a	15448
motor vehicle or commercial motor vehicle.	15449

(B) Whoever violates this section is guilty of operating a	15450
motor vehicle without a valid license and shall be punished as	15451
follows:	15452

(1) If the trier of fact finds that the offender never has	15453
held a valid driver's or commercial driver's license issued by	15454
this state or any other jurisdiction, the offense is a misdemeanor	15455
of the first degree.	15456

(2)(a) Subject to division (B)(2)(b) of this section, if the	15457
offender's driver's or commercial driver's license or permit was	15458
expired at the time of the offense for no more than six months,	15459
the offense is a minor misdemeanor and if the offender's driver's	15460
or commercial driver's license or permit was expired at the time	15461
of the offense for more than six months, the offense is a	15462
misdemeanor of the fourth degree.	15463

(b)(i) If the offender previously was convicted of or pleaded	15464
guilty to one violation of this section or a substantially	15465
equivalent municipal ordinance or township resolution within the	15466
past three years, the offense is a misdemeanor of the third	15467
degree.	15468

(ii) If the offender previously was convicted of or pleaded	15469
guilty to two violations of this section or a substantially	15470
equivalent municipal ordinance or township resolution within the	15471
past three years, the offense is a misdemeanor of the second	15472
degree.	15473

(iii) If the offender previously was convicted of or pleaded	15474
guilty to three or more violations of this section or a	15475
substantially equivalent municipal ordinance or township	15476
resolution within the past three years, the offense is a	15477
misdemeanor of the first degree.	15478

(C) The court shall not impose a license suspension for a	15479
first violation of this section or if more than three years have	15480
passed since the offender's last violation of this section or a	15481
substantially equivalent municipal ordinance or township	15482
resolution.	15483

(D) If the offender was convicted of or pleaded guilty to one	15484
or more violations of this section or a substantially equivalent	15485
municipal ordinance or township resolution within the past three	15486
years, and if the offender's license was expired for more than six	15487
months at the time of the offense, the court shall impose a class	15488
seven suspension of the offender's driver license, commercial	15489
driver's license, temporary instruction permit, probationary	15490
license, or nonresident operating privilege from the range	15491
specified in division (A)(7) of section 4510.02 of the Revised	15492
Code.	15493

Sec. 4510.13. (A)(1) Divisions (A)(2) to (7) of this section	15494
apply to a judge or ~~mayor~~a community court magistrate regarding	15495
the suspension of, or the grant of limited driving privileges	15496
during a suspension of, an offender's driver's or commercial	15497
driver's license or permit or nonresident operating privilege	15498
imposed under division (G) or (H) of section 4511.19 of the	15499
Revised Code, under division (B) or (C) of section 4511.191 of the	15500
Revised Code, or under section 4510.07 of the Revised Code for a	15501
conviction of a violation of a municipal OVI ordinance or township	15502
OVI resolution.	15503

(2) No judge ~~or mayor~~and no community court magistrate shall	15504
suspend the following portions of the suspension of an offender's	15505
driver's or commercial driver's license or permit or nonresident	15506
operating privilege imposed under division (G) or (H) of section	15507
4511.19 of the Revised Code or under section 4510.07 of the	15508
Revised Code for a conviction of a violation of a municipal OVI	15509
ordinance or township OVI resolution, provided that division	15510
(A)(2) of this section does not limit a court ~~or mayor~~ in	15511
crediting any period of suspension imposed pursuant to division	15512
(B) or (C) of section 4511.191 of the Revised Code against any	15513
time of judicial suspension imposed pursuant to section 4511.19	15514
or 4510.07 of the Revised Code, as described in divisions (B)(2)	15515
and (C)(2) of section 4511.191 of the Revised Code:	15516

(a) The first six months of a suspension imposed under	15517
division (G)(1)(a) of section 4511.19 of the Revised Code or of a	15518
comparable length suspension imposed under section 4510.07 of the	15519
Revised Code;	15520

(b) The first year of a suspension imposed under division	15521
(G)(1)(b) or (c) of section 4511.19 of the Revised Code or of a	15522
comparable length suspension imposed under section 4510.07 of the	15523
Revised Code;	15524

(c) The first three years of a suspension imposed under	15525
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	15526
or of a comparable length suspension imposed under section 4510.07	15527
of the Revised Code;	15528

(d) The first sixty days of a suspension imposed under	15529
division (H) of section 4511.19 of the Revised Code or of a	15530
comparable length suspension imposed under section 4510.07 of the	15531
Revised Code.	15532

(3) No judge ~~or mayor~~and no community court magistrate shall	15533
grant limited driving privileges to an offender whose driver's or	15534
commercial driver's license or permit or nonresident operating	15535
privilege has been suspended under division (G) or (H) of section	15536
4511.19 of the Revised Code, under division (C) of section	15537
4511.191 of the Revised Code, or under section 4510.07 of the	15538
Revised Code for a municipal OVI conviction or township OVI	15539
conviction if the offender, within the preceding six years, has	15540
been convicted of or pleaded guilty to three or more violations	15541
of one or more of the Revised Code sections, municipal	15542
ordinances, township resolutions, statutes of the United States	15543
or another state, or municipal ordinances of a municipal	15544
corporation or township resolutions of a township of another state	15545
that are identified in divisions ~~(G)(2)(b) to (h)~~(A)(1) to (7) of	15546
section ~~2919.22~~4511.181 of the Revised Code.	15547

Additionally, no judge ~~or mayor~~and no community court	15548
magistrate shall grant limited driving privileges to an offender	15549
whose driver's or commercial driver's license or permit or	15550
nonresident operating privilege has been suspended under division	15551
(B) of section 4511.191 of the Revised Code if the offender,	15552
within the preceding six years, has refused three previous	15553
requests to consent to a chemical test of the person's whole	15554
blood, blood serum or plasma, breath, or urine to determine its	15555
alcohol content.	15556

(4) No judge ~~or mayor~~and no community court magistrate shall	15557
grant limited driving privileges for employment as a driver of	15558
commercial motor vehicles to an offender whose driver's or	15559
commercial driver's license or permit or nonresident operating	15560
privilege has been suspended under division (G) or (H) of section	15561
4511.19 of the Revised Code, under division (B) or (C) of section	15562
4511.191 of the Revised Code, or under section 4510.07 of the	15563
Revised Code for a municipal OVI conviction if the offender is	15564
disqualified from operating a commercial motor vehicle, or whose	15565
license or permit has been suspended, under section 3123.58 or	15566
4506.16 of the Revised Code.	15567

(5) No judge ~~or mayor~~and no community court magistrate shall	15568
grant limited driving privileges to an offender whose driver's or	15569
commercial driver's license or permit or nonresident operating	15570
privilege has been suspended under division (G) or (H) of section	15571
4511.19 of the Revised Code, under division (C) of section	15572
4511.191 of the Revised Code, or under section 4510.07 of the	15573
Revised Code for a conviction of a violation of a municipal OVI	15574
ordinance or township OVI resolution during any of the following	15575
periods of time:	15576

(a) The first fifteen days of a suspension imposed under	15577
division (G)(1)(a) of section 4511.19 of the Revised Code or a	15578
comparable length suspension imposed under section 4510.07 of the	15579
Revised Code, or of a suspension imposed under division (C)(1)(a)	15580
of section 4511.191 of the Revised Code. On or after the sixteenth	15581
day of the suspension, the court may grant limited driving	15582
privileges, but the court may require that the offender shall not	15583
exercise the privileges unless the vehicles the offender operates	15584
are equipped with immobilizing or disabling devices that monitor	15585
the offender's alcohol consumption or any other type of	15586
immobilizing or disabling devices, except as provided in division	15587
(C) of section 4510.43 of the Revised Code.	15588

(b) The first thirty days of a suspension imposed under	15589
division (G)(1)(b) of section 4511.19 of the Revised Code or a	15590
comparable length suspension imposed under section 4510.07 of the	15591
Revised Code, or of a suspension imposed under division (C)(1)(b)	15592
of section 4511.191 of the Revised Code. On or after the	15593
thirty-first day of suspension, the court may grant limited	15594
driving privileges, but the court may require that the offender	15595
shall not exercise the privileges unless the vehicles the offender	15596
operates are equipped with immobilizing or disabling devices that	15597
monitor the offender's alcohol consumption or any other type of	15598
immobilizing or disabling devices, except as provided in division	15599
(C) of section 4510.43 of the Revised Code.	15600

(c) The first sixty days of a suspension imposed under	15601
division (H) of section 4511.19 of the Revised Code or a	15602
comparable length suspension imposed under section 4510.07 of the	15603
Revised Code.	15604

(d) The first one hundred eighty days of a suspension imposed	15605
under division (G)(1)(c) of section 4511.19 of the Revised Code or	15606
a comparable length suspension imposed under section 4510.07 of	15607
the Revised Code, or of a suspension imposed under division	15608
(C)(1)(c) of section 4511.191 of the Revised Code. The judge or	15609
magistrate may grant limited driving privileges on or after the	15610
one hundred eighty-first day of the suspension only if the judge,	15611
at the time of granting the privileges, also issues an order	15612
prohibiting the offender, while exercising the privileges during	15613
the period commencing with the one hundred eighty-first day of	15614
suspension and ending with the first year of suspension, from	15615
operating any motor vehicle unless it is equipped with an	15616
immobilizing or disabling device that monitors the offender's	15617
alcohol consumption. After the first year of the suspension, the	15618
court may authorize the offender to continue exercising the	15619
privileges in vehicles that are not equipped with immobilizing or	15620
disabling devices that monitor the offender's alcohol consumption,	15621
except as provided in division (C) of section 4510.43 of the	15622
Revised Code. If the offender does not petition for limited	15623
driving privileges until after the first year of suspension, the	15624
judge or magistrate may grant limited driving privileges without	15625
requiring the use of an immobilizing or disabling device that	15626
monitors the offender's alcohol consumption.	15627

(e) The first three years of a suspension imposed under	15628
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	15629
or a comparable length suspension imposed under section 4510.07 of	15630
the Revised Code, or of a suspension imposed under division	15631
(C)(1)(d) of section 4511.191 of the Revised Code. The judge or	15632
magistrate may grant limited driving privileges after the first	15633
three years of suspension only if the judge or magistrate, at the	15634
time of granting the privileges, also issues an order prohibiting	15635
the offender from operating any motor vehicle, for the period of	15636
suspension following the first three years of suspension, unless	15637
the motor vehicle is equipped with an immobilizing or disabling	15638
device that monitors the offender's alcohol consumption, except as	15639
provided in division (C) of section 4510.43 of the Revised Code.	15640

(6) No judge ~~or mayor~~and no community court magistrate shall	15641
grant limited driving privileges to an offender whose driver's or	15642
commercial driver's license or permit or nonresident operating	15643
privilege has been suspended under division (B) of section	15644
4511.191 of the Revised Code during any of the following periods	15645
of time:	15646

(a) The first thirty days of suspension imposed under	15647
division (B)(1)(a) of section 4511.191 of the Revised Code;	15648

(b) The first ninety days of suspension imposed under	15649
division (B)(1)(b) of section 4511.191 of the Revised Code;	15650

(c) The first year of suspension imposed under division	15651
(B)(1)(c) of section 4511.191 of the Revised Code;	15652

(d) The first three years of suspension imposed under	15653
division (B)(1)(d) of section 4511.191 of the Revised Code.	15654

(7) In any case in which a judge or ~~mayor~~a community court	15655
magistrate grants limited driving privileges to an offender whose	15656
driver's or commercial driver's license or permit or nonresident	15657
operating privilege has been suspended under division (G)(1)(b),	15658
(c), (d), or (e) of section 4511.19 of the Revised Code, under	15659
division (G)(1)(a) of section 4511.19 of the Revised Code for a	15660
violation of division (A)(1)(f), (g), (h), or (i) of that section,	15661
or under section 4510.07 of the Revised Code for a municipal OVI	15662
conviction for which sentence would have been imposed under	15663
division (G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section	15664
4511.19 of the Revised Code had the offender been charged with and	15665
convicted of a violation of section 4511.19 of the Revised Code	15666
instead of a violation of the municipal OVI ordinance or township	15667
OVI resolution, the judge or ~~mayor~~magistrate shall impose as a	15668
condition of the privileges that the offender must display on the	15669
vehicle that is driven subject to the privileges restricted	15670
license plates that are issued under section 4503.231 of the	15671
Revised Code, except as provided in division (B) of that section.	15672

(B) Any person whose driver's or commercial driver's license	15673
or permit or nonresident operating privilege has been suspended	15674
pursuant to section 4511.19 or 4511.191 of the Revised Code or	15675
under section 4510.07 of the Revised Code for a violation of a	15676
municipal OVI ordinance or township OVI resolution may file a	15677
petition for limited driving privileges during the suspension. The	15678
person shall file the petition in the court that has jurisdiction	15679
over the place of arrest. Subject to division (A) of this section,	15680
the court may grant the person limited driving privileges during	15681
the period during which the suspension otherwise would be imposed.	15682
However, the court shall not grant the privileges for employment	15683
as a driver of a commercial motor vehicle to any person who is	15684
disqualified from operating a commercial motor vehicle under	15685
section 4506.16 of the Revised Code or during any of the periods	15686
prescribed by division (A) of this section.	15687

(C)(1) After a driver's or commercial driver's license or	15688
permit or nonresident operating privilege has been suspended	15689
pursuant to section 2903.06, 2903.08, 2903.11, 2907.24, 2921.331,	15690
2923.02, 2929.02, 4511.19, 4511.251, 4549.02, 4549.021, or 5743.99	15691
of the Revised Code, any provision of Chapter 2925. of the Revised	15692
Code, or section 4510.07 of the Revised Code for a violation of a	15693
municipal OVI ordinance or township OVI resolution, the judge of	15694
the court or ~~mayor~~magistrate of the ~~mayor's~~community court that	15695
suspended the license, permit, or privilege shall cause the	15696
offender to deliver to the court the license or permit. The	15697
judge, ~~mayor~~magistrate, or clerk of the court ~~or mayor's court~~	15698
shall forward to the registrar the license or permit together	15699
with notice of the action of the court.	15700

(2) A suspension of a commercial driver's license under any	15701
section or chapter identified in division (C)(1) of this section	15702
shall be concurrent with any period of suspension or	15703
disqualification under section 3123.58 or 4506.16 of the Revised	15704
Code. No person who is disqualified for life from holding a	15705
commercial driver's license under section 4506.16 of the Revised	15706
Code shall be issued a driver's license under this chapter during	15707
the period for which the commercial driver's license was suspended	15708
under this section, and no person whose commercial driver's	15709
license is suspended under any section or chapter identified in	15710
division (C)(1) of this section shall be issued a driver's license	15711
under Chapter 4507. of the Revised Code during the period of the	15712
suspension.	15713

(3) No judge ~~or mayor~~and no community court magistrate shall	15714
suspend any class one suspension, or any portion of any class one	15715
suspension, imposed under section 2903.04, 2903.06, 2903.08, or	15716
2921.331 of the Revised Code. No judge or mayor shall suspend the	15717
first thirty days of any class two, class three, class four, class	15718
five, or class six suspension imposed under section 2903.06,	15719
2903.08, 2903.11, 2923.02, or 2929.02 of the Revised Code.	15720

(D) The judge of the court or ~~mayor~~magistrate of the ~~mayor's~~	15721
community court shall credit any time during which an offender was	15722
subject to an administrative suspension of the offender's driver's	15723
or commercial driver's license or permit or nonresident operating	15724
privilege imposed pursuant to section 4511.191 or 4511.192 of the	15725
Revised Code or a suspension imposed by a judge, referee, or ~~mayor~~	15726
magistrate pursuant to division (B)(1) or (2) of section 4511.196	15727
of the Revised Code against the time to be served under a related	15728
suspension imposed pursuant to any section or chapter identified	15729
in division (C)(1) of this section.	15730

(E) The judge or ~~mayor~~magistrate shall notify the bureau of	15731
motor vehicles of any determinations made pursuant to this section	15732
and of any suspension imposed pursuant to any section or chapter	15733
identified in division (C)(1) of this section.	15734

(F)(1) If a court issues an immobilizing or disabling device	15735
order under section 4510.43 of the Revised Code, the order shall	15736
authorize the offender during the specified period to operate a	15737
motor vehicle only if it is equipped with an immobilizing or	15738
disabling device, except as provided in division (C) of that	15739
section. The court shall provide the offender with a copy of an	15740
immobilizing or disabling device order issued under section	15741
4510.43 of the Revised Code, and the offender shall use the copy	15742
of the order in lieu of an Ohio driver's or commercial driver's	15743
license or permit until the registrar or a deputy registrar issues	15744
the offender a restricted license.	15745

An order issued under section 4510.43 of the Revised Code	15746
does not authorize or permit the offender to whom it has been	15747
issued to operate a vehicle during any time that the offender's	15748
driver's or commercial driver's license or permit is suspended	15749
under any other provision of law.	15750

(2) An offender may present an immobilizing or disabling	15751
device order to the registrar or to a deputy registrar. Upon	15752
presentation of the order to the registrar or a deputy registrar,	15753
the registrar or deputy registrar shall issue the offender a	15754
restricted license. A restricted license issued under this	15755
division shall be identical to an Ohio driver's license, except	15756
that it shall have printed on its face a statement that the	15757
offender is prohibited during the period specified in the court	15758
order from operating any motor vehicle that is not equipped with	15759
an immobilizing or disabling device. The date of commencement and	15760
the date of termination of the period of suspension shall be	15761
indicated conspicuously upon the face of the license.	15762

Sec. 4510.14. (A) No person whose driver's or commercial	15763
driver's license or permit or nonresident operating privilege has	15764
been suspended under section 4511.19, 4511.191, or 4511.196 of the	15765
Revised Code or under section 4510.07 of the Revised Code for a	15766
conviction of a violation of a municipal OVI ordinance or township	15767
OVI resolution shall operate any motor vehicle upon the public	15768
roads or highways within this state during the period of the	15769
suspension.	15770

(B) Whoever violates this section is guilty of driving under	15771
OVI suspension. The court shall sentence the offender under	15772
Chapter 2929. of the Revised Code, subject to the differences	15773
authorized or required by this section.	15774

(1) Except as otherwise provided in division (B)(2) or (3) of	15775
this section, driving under OVI suspension is a misdemeanor of the	15776
first degree. The court shall sentence the offender to all of the	15777
following:	15778

(a) A mandatory jail term of three consecutive days. The	15779
three-day term shall be imposed, unless, subject to division (C)	15780
of this section, the court instead imposes a sentence of not less	15781
than thirty consecutive days of house arrest with electronic	15782
monitoring. A period of house arrest with electronic monitoring	15783
imposed under this division shall not exceed six months. If the	15784
court imposes a mandatory three-day jail term under this division,	15785
the court may impose a jail term in addition to that term,	15786
provided that in no case shall the cumulative jail term imposed	15787
for the offense exceed six months.	15788

(b) A fine of not less than two hundred fifty and not more	15789
than one thousand dollars;	15790

15791

(d) If the vehicle the offender was operating at the time of	15792
the offense is registered in the offender's name, immobilization	15793
for thirty days of the offender's vehicle and impoundment for	15794
thirty days of the identification license plates of that vehicle.	15795
The order for immobilization and impoundment shall be issued and	15796
enforced in accordance with section 4503.233 of the Revised Code.	15797

(2) If, within six years of the offense, the offender	15798
previously has been convicted of or pleaded guilty to one	15799
violation of this section or one equivalent offense, driving under	15800
OVI suspension is a misdemeanor of the first degree. The court	15801
shall sentence the offender to all of the following:	15802

(a) A mandatory jail term of ten consecutive days.	15803
Notwithstanding the jail terms provided in sections 2929.21 to	15804
2929.28 of the Revised Code, the court may sentence the offender	15805
to a longer jail term of not more than one year. The ten-day	15806
mandatory jail term shall be imposed unless, subject to division	15807
(C) of this section, the court instead imposes a sentence of not	15808
less than ninety consecutive days of house arrest with electronic	15809
monitoring. The period of house arrest with electronic monitoring	15810
shall not exceed one year.	15811

(b) Notwithstanding the fines provided for in Chapter 2929.	15812
of the Revised Code, a fine of not less than five hundred and not	15813
more than two thousand five hundred dollars;	15814

15815

(d) If the vehicle the offender was operating at the time of	15816
the offense is registered in the offender's name, immobilization	15817
of the offender's vehicle for sixty days and the impoundment for	15818
sixty days of the identification license plates of that vehicle.	15819
The order for immobilization and impoundment shall be issued and	15820
enforced in accordance with section 4503.233 of the Revised Code.	15821

(3) If, within six years of the offense, the offender	15822
previously has been convicted of or pleaded guilty to two or more	15823
violations of this section or two or more equivalent offenses,	15824
driving under OVI suspension is a misdemeanor. The court shall	15825
sentence the offender to all of the following:	15826

(a) A mandatory jail term of thirty consecutive days.	15827
Notwithstanding the jail terms provided in sections 2929.21 to	15828
2929.28 of the Revised Code, the court may sentence the offender	15829
to a longer jail term of not more than one year. The court shall	15830
not sentence the offender to a term of house arrest with	15831
electronic monitoring in lieu of the mandatory portion of the jail	15832
term.	15833

(b) Notwithstanding the fines set forth in Chapter 2929. of	15834
the Revised Code, a fine of not less than five hundred and not	15835
more than two thousand five hundred dollars;	15836

15837

(d) If the vehicle the offender was operating at the time of	15838
the offense is registered in the offender's name, criminal	15839
forfeiture to the state of the offender's vehicle. The order of	15840
criminal forfeiture shall be issued and enforced in accordance	15841
with section 4503.234 of the Revised Code. If title to a motor	15842
vehicle that is subject to an order for criminal forfeiture under	15843
this division is assigned or transferred and division (B)(2) or	15844
(3) of section 4503.234 of the Revised Code applies, the court may	15845
fine the offender the value of the vehicle as determined by	15846
publications of the national auto dealer's association. The	15847
proceeds from any fine so imposed shall be distributed in	15848
accordance with division (C)(2) of section 4503.234 of the Revised	15849
Code.	15850

(C) No court shall impose an alternative sentence of house	15851
arrest with electronic monitoring under division (B)(1) or (2) of	15852
this section unless, within sixty days of the date of sentencing,	15853
the court issues a written finding on the record that, due to the	15854
unavailability of space at the jail where the offender is required	15855
to serve the jail term imposed, the offender will not be able to	15856
begin serving that term within the sixty-day period following the	15857
date of sentencing.	15858

An offender sentenced under this section to a period of house	15859
arrest with electronic monitoring shall be permitted work release	15860
during that period.	15861

(D) Fifty per cent of any fine imposed by a court under	15862
division (B)(1), (2), or (3) of this section shall be deposited	15863
into the county indigent drivers alcohol treatment fund or	15864
municipal indigent drivers alcohol treatment fund under the	15865
control of that court, as created by the county or municipal	15866
corporation pursuant to division (H) of section 4511.191 of the	15867
Revised Code.	15868

(E) In addition to or independent of all other penalties	15869
provided by law or, ordinance, or resolution, the trial judge of	15870
any court ~~of record~~ or the ~~mayor~~magistrate of a ~~mayor's~~community	15871
court shall impose on an offender who is convicted of or pleads	15872
guilty to a violation of this section a class seven suspension of	15873
the offender's driver's or commercial driver's license or permit	15874
or nonresident operating privilege from the range specified in	15875
division (A)(7) of section 4510.02 of the Revised Code.	15876

When permitted as specified in section 4510.021 of the	15877
Revised Code, if the court grants limited driving privileges	15878
during a suspension imposed under this section, the privileges	15879
shall be granted on the additional condition that the offender	15880
must display restricted license plates, issued under section	15881
4503.231 of the Revised Code, on the vehicle driven subject to the	15882
privileges, except as provided in division (B) of that section.	15883

A suspension of a commercial driver's license under this	15884
section shall be concurrent with any period of suspension or	15885
disqualification under section 3123.58 or 4506.16 of the Revised	15886
Code. No person who is disqualified for life from holding a	15887
commercial driver's license under section 4506.16 of the Revised	15888
Code shall be issued a driver's license under Chapter 4507. of the	15889
Revised Code during the period for which the commercial driver's	15890
license was suspended under this section, and no person whose	15891
commercial driver's license is suspended under this section shall	15892
be issued a driver's license under Chapter 4507. of the Revised	15893
Code during the period of the suspension.	15894

(F) As used in this section:

15895

(1) "Electronic monitoring" has the same meaning as in	15896
section 2929.01 of the Revised Code.	15897

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

15898

(a) A violation of a municipal ordinance, township	15899
resolution, law of another state, or law of the United States that	15900
is substantially equivalent to division (A) of this section;	15901

(b) A violation of a former law of this state that was	15902
substantially equivalent to division (A) of this section.	15903

(3) "Jail" has the same meaning as in section 2929.01 of the	15904
Revised Code.	15905

(4) "Mandatory jail term" means the mandatory term in jail of	15906
three, ten, or thirty consecutive days that must be imposed under	15907
division (B)(1), (2), or (3) of this section upon an offender	15908
convicted of a violation of division (A) of this section and in	15909
relation to which all of the following apply:	15910

(a) Except as specifically authorized under this section, the	15911
term must be served in a jail.	15912

(b) Except as specifically authorized under this section, the	15913
term cannot be suspended, reduced, or otherwise modified pursuant	15914
to any provision of the Revised Code.	15915

Sec. 4510.15. Whenever a person is found guilty under the	15916
laws of this state, or under any ordinance or resolution of any	15917
political subdivision of this state, of operating a motor vehicle	15918
in violation of any such law or, ordinance or resolution relating	15919
to reckless operation, the trial court of any court of record, in	15920
addition to or independent of all other penalties provided by law,	15921
may impose a class five suspension of the offender's driver's or	15922
commercial driver's license or permit or nonresident operating	15923
privilege from the range specified in division (A)(5) of section	15924
4510.02 of the Revised Code.	15925

Suspension of a commercial driver's license under this	15926
section shall be concurrent with any period of suspension	15927
disqualification under section 3123.58 or 4506.16 of the Revised	15928
Code. No person who is disqualified for life from holding a	15929
commercial driver's license under section 4506.16 of the Revised	15930
Code shall be issued a driver's license under Chapter 4507. of the	15931
Revised Code during the period for which the commercial driver's	15932
license was suspended under this section, and no person whose	15933
commercial driver's license is suspended under this section shall	15934
be issued a driver's license under Chapter 4507. of the Revised	15935
Code during the period of the suspension.	15936

Sec. 4510.16. (A) No person, whose driver's or commercial	15937
driver's license or temporary instruction permit or nonresident's	15938
operating privilege has been suspended or canceled pursuant to	15939
Chapter 4509. of the Revised Code, shall operate any motor vehicle	15940
within this state, or knowingly permit any motor vehicle owned by	15941
the person to be operated by another person in the state, during	15942
the period of the suspension or cancellation, except as	15943
specifically authorized by Chapter 4509. of the Revised Code. No	15944
person shall operate a motor vehicle within this state, or	15945
knowingly permit any motor vehicle owned by the person to be	15946
operated by another person in the state, during the period in	15947
which the person is required by section 4509.45 of the Revised	15948
Code to file and maintain proof of financial responsibility for a	15949
violation of section 4509.101 of the Revised Code, unless proof of	15950
financial responsibility is maintained with respect to that	15951
vehicle.	15952

(B)(1) Whoever violates this section is guilty of driving	15953
under financial responsibility law suspension or cancellation, a	15954
misdemeanor of the first degree. The court shall impose a class	15955
seven suspension of the offender's driver's or commercial driver's	15956
license or permit or nonresident operating privilege for the	15957
period of time specified in division (A)(7) of section 4510.02 of	15958
the Revised Code.	15959

(2) If the vehicle is registered in the offender's name and	15960
division (B)(3) of this section does not apply, the court, in	15961
addition to or independent of any other sentence that it imposes	15962
upon the offender, may order the immobilization for no more than	15963
thirty days of the vehicle involved in the offense and the	15964
impoundment for no more than thirty days of the license plates of	15965
that vehicle.	15966

(3) If the vehicle is registered in the offender's name and	15967
if, within five years of the offense, the offender has been	15968
convicted of or pleaded guilty to one violation of this section or	15969
a substantially similar municipal ordinance or township	15970
resolution, the court, in addition to or independent of any other	15971
sentence that it imposes on the offender, shall order the	15972
immobilization for sixty days of the vehicle involved in the	15973
offense and impoundment for sixty days of the license plates of	15974
that vehicle.	15975

If the vehicle is registered in the offender's name and if,	15976
within five years of the offense, the offender has been convicted	15977
of or pleaded guilty to two or more violations of this section or	15978
a substantially similar municipal ordinance or township	15979
resolution, the court, in addition to or independent of any other	15980
sentence that it imposes upon the offender, shall order the	15981
criminal forfeiture to the state of the vehicle involved in the	15982
offense. If title to a motor vehicle that is subject to an order	15983
for criminal forfeiture under this division is assigned or	15984
transferred and division (B)(2) or (3) of section 4503.234 of the	15985
Revised Code applies, in addition to or independent of any other	15986
penalty established by law, the court may fine the offender the	15987
value of the vehicle as determined by publications of the national	15988
auto dealers association. The proceeds from any fine so imposed	15989
shall be distributed in accordance with division (C)(2) of that	15990
section.	15991

(C) Any order for immobilization and impoundment under this	15992
section shall be issued and enforced in accordance with sections	15993
4503.233 and 4507.02 of the Revised Code, as applicable. Any order	15994
of criminal forfeiture shall be issued and enforced in accordance	15995
with section 4503.234 of the Revised Code. The court shall not	15996
release a vehicle from immobilization orders under this section	15997
unless the court is presented with current proof of financial	15998
responsibility with respect to that vehicle.	15999

Sec. 4510.161. (A) The requirements and sanctions imposed by	16000
divisions (B) and (C) of this section are an adjunct to and derive	16001
from the state's exclusive authority over the registration and	16002
titling of motor vehicles and do not comprise a part of the	16003
criminal sentence to be imposed upon a person who violates a	16004
municipal ordinance or township resolution that is substantially	16005
equivalent to section 4510.14 or to division (A) of section	16006
4510.16 of the Revised Code.	16007

(B)(1) If a person is convicted of or pleads guilty to a	16008
violation of a municipal ordinance or township resolution that is	16009
substantially equivalent to division (A) of section 4510.16 of the	16010
Revised Code, if the vehicle the offender was operating at the	16011
time of the offense is registered in the offender's name, and if	16012
division (B)(2) of this section does not apply, the court, in	16013
addition to or independent of any sentence that it imposes upon	16014
the offender for the offense, may order the immobilization for not	16015
more than thirty days of the vehicle the offender was operating at	16016
the time of the offense and the impoundment for not more than	16017
thirty days of the identification license plates of that vehicle.	16018

(2) If a person is convicted of or pleads guilty to a	16019
violation of a municipal ordinance or township resolution that is	16020
substantially equivalent to division (A) of section 4510.16 of the	16021
Revised Code and if, within five years of the current offense, the	16022
offender has been convicted of or pleaded guilty to one or more	16023
violations of division (A) of section 4510.16 or former division	16024
(B)(1) of section 4507.02 of the Revised Code or a municipal	16025
ordinance or township resolution that is substantially equivalent	16026
to either division, the court, in addition to or independent of	16027
any sentence that it imposes upon the offender for the offense,	16028
shall do whichever of the following is applicable:	16029

(a) If, within five years of the current offense, the	16030
offender has been convicted of or pleaded guilty to one such	16031
violation, the court shall order the immobilization for sixty	16032
days of the vehicle the offender was operating at the time of the	16033
offense and the impoundment for sixty days of the identification	16034
license plates of that vehicle.	16035

(b) If, within five years of the current offense, the	16036
offender has been convicted of or pleaded guilty to two or more	16037
such violations, the court shall order the criminal forfeiture to	16038
the state of the vehicle the offender was operating at the time of	16039
the offense.	16040

(C) If a person is convicted of or pleads guilty to a	16041
violation of a municipal ordinance or township resolution that is	16042
substantially equivalent to section 4510.14 of the Revised Code,	16043
the court, in addition to and independent of any sentence that it	16044
imposes upon the offender for the offense, if the vehicle the	16045
offender was operating at the time of the offense is registered in	16046
the offender's name, shall do whichever of the following is	16047
applicable:	16048

(1) If, within five years of the current offense, the	16049
offender has not been convicted of or pleaded guilty to a	16050
violation of section 4510.14 or former division (D)(2) of section	16051
4507.02 of the Revised Code or a municipal ordinance or township	16052
resolution that is substantially equivalent to that section or	16053
former division, the court shall order the immobilization for	16054
thirty days of the vehicle the offender was operating at the time	16055
of the offense and the impoundment for thirty days of the	16056
identification license plates of that vehicle.	16057

(2) If, within five years of the current offense, the	16058
offender has been convicted of or pleaded guilty to one violation	16059
of section 4510.14 or former division (D)(2) of section 4507.02 of	16060
the Revised Code or a municipal ordinance or township resolution	16061
that is substantially equivalent to that section or former	16062
division, the court shall order the immobilization for sixty days	16063
of the vehicle the offender was operating at the time of the	16064
offense and the impoundment for sixty days of the identification	16065
license plates of that vehicle.	16066

(3) If, within five years of the current offense, the	16067
offender has been convicted of or pleaded guilty to two or more	16068
violations of section 4510.14 or former division (D)(2) of section	16069
4507.02 of the Revised Code or a municipal ordinance or township	16070
resolution that is substantially equivalent to that section or	16071
former division, the court shall order the criminal forfeiture to	16072
the state of the vehicle the offender was operating at the time of	16073
the offense.	16074

(D) An order of criminal forfeiture issued pursuant to this	16075
section shall be issued and enforced in accordance with section	16076
4503.234 of the Revised Code. An order for the immobilization and	16077
impoundment of a vehicle issued pursuant to this section shall be	16078
issued and enforced in accordance with section 4503.233 of the	16079
Revised Code.	16080

Sec. 4510.17. (A) The registrar of motor vehicles shall	16081
impose a class D suspension of the person's driver's license,	16082
commercial driver's license, temporary instruction permit,	16083
probationary license, or nonresident operating privilege for the	16084
period of time specified in division (B)(4) of section 4510.02 of	16085
the Revised Code on any person who is a resident of this state and	16086
is convicted of or pleads guilty to a violation of a statute of	16087
any other state or any federal statute that is substantially	16088
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,	16089
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23,	16090
2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code. Upon	16091
receipt of a report from a court, court clerk, or other official	16092
of any other state or from any federal authority that a resident	16093
of this state was convicted of or pleaded guilty to an offense	16094
described in this division, the registrar shall send a notice by	16095
regular first class mail to the person, at the person's last known	16096
address as shown in the records of the bureau of motor vehicles,	16097
informing the person of the suspension, that the suspension will	16098
take effect twenty-one days from the date of the notice, and that,	16099
if the person wishes to appeal the suspension or denial, the	16100
person must file a notice of appeal within twenty-one days of the	16101
date of the notice requesting a hearing on the matter. If the	16102
person requests a hearing, the registrar shall hold the hearing	16103
not more than forty days after receipt by the registrar of the	16104
notice of appeal. The filing of a notice of appeal does not stay	16105
the operation of the suspension that must be imposed pursuant to	16106
this division. The scope of the hearing shall be limited to	16107
whether the person actually was convicted of or pleaded guilty to	16108
the offense for which the suspension is to be imposed.	16109

The suspension the registrar is required to impose under this	16110
division shall end either on the last day of the class D	16111
suspension period or of the suspension of the person's nonresident	16112
operating privilege imposed by the state or federal court,	16113
whichever is earlier.	16114

The registrar shall subscribe to or otherwise participate in	16115
any information system or register, or enter into reciprocal and	16116
mutual agreements with other states and federal authorities, in	16117
order to facilitate the exchange of information with other states	16118
and the United States government regarding persons who plead	16119
guilty to or are convicted of offenses described in this division	16120
and therefore are subject to the suspension or denial described in	16121
this division.	16122

(B) The registrar shall impose a class D suspension of the	16123
person's driver's license, commercial driver's license, temporary	16124
instruction permit, probationary license, or nonresident operating	16125
privilege for the period of time specified in division (B)(4) of	16126
section 4510.02 of the Revised Code on any person who is a	16127
resident of this state and is convicted of or pleads guilty to a	16128
violation of a statute of any other state or a municipal ordinance	16129
of a municipal corporation or township resolution or similar local	16130
law of a township or similar political subdivision located in any	16131
other state that is substantially similar to section 4511.19 of	16132
the Revised Code. Upon receipt of a report from another state made	16133
pursuant to section 4510.61 of the Revised Code indicating that a	16134
resident of this state was convicted of or pleaded guilty to an	16135
offense described in this division, the registrar shall send a	16136
notice by regular first class mail to the person, at the person's	16137
last known address as shown in the records of the bureau of motor	16138
vehicles, informing the person of the suspension, that the	16139
suspension or denial will take effect twenty-one days from the	16140
date of the notice, and that, if the person wishes to appeal the	16141
suspension, the person must file a notice of appeal within	16142
twenty-one days of the date of the notice requesting a hearing on	16143
the matter. If the person requests a hearing, the registrar shall	16144
hold the hearing not more than forty days after receipt by the	16145
registrar of the notice of appeal. The filing of a notice of	16146
appeal does not stay the operation of the suspension that must be	16147
imposed pursuant to this division. The scope of the hearing shall	16148
be limited to whether the person actually was convicted of or	16149
pleaded guilty to the offense for which the suspension is to be	16150
imposed.	16151

The suspension the registrar is required to impose under this	16152
division shall end either on the last day of the class D	16153
suspension period or of the suspension of the person's nonresident	16154
operating privilege imposed by the state or federal court,	16155
whichever is earlier.	16156

(C) The registrar shall impose a class D suspension of the	16157
child's driver's license, commercial driver's license, temporary	16158
instruction permit, or nonresident operating privilege for the	16159
period of time specified in division (B)(4) of section 4510.02 of	16160
the Revised Code on any child who is a resident of this state and	16161
is convicted of or pleads guilty to a violation of a statute of	16162
any other state or any federal statute that is substantially	16163
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,	16164
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23,	16165
2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code. Upon	16166
receipt of a report from a court, court clerk, or other official	16167
of any other state or from any federal authority that a child who	16168
is a resident of this state was convicted of or pleaded guilty to	16169
an offense described in this division, the registrar shall send a	16170
notice by regular first class mail to the child, at the child's	16171
last known address as shown in the records of the bureau of motor	16172
vehicles, informing the child of the suspension, that the	16173
suspension or denial will take effect twenty-one days from the	16174
date of the notice, and that, if the child wishes to appeal the	16175
suspension, the child must file a notice of appeal within	16176
twenty-one days of the date of the notice requesting a hearing on	16177
the matter. If the child requests a hearing, the registrar shall	16178
hold the hearing not more than forty days after receipt by the	16179
registrar of the notice of appeal. The filing of a notice of	16180
appeal does not stay the operation of the suspension that must be	16181
imposed pursuant to this division. The scope of the hearing shall	16182
be limited to whether the child actually was convicted of or	16183
pleaded guilty to the offense for which the suspension is to be	16184
imposed.	16185

The suspension the registrar is required to impose under this	16186
division shall end either on the last day of the class D	16187
suspension period or of the suspension of the child's nonresident	16188
operating privilege imposed by the state or federal court,	16189
whichever is earlier. If the child is a resident of this state who	16190
is sixteen years of age or older and does not have a current,	16191
valid Ohio driver's or commercial driver's license or permit, the	16192
notice shall inform the child that the child will be denied	16193
issuance of a driver's or commercial driver's license or permit	16194
for six months beginning on the date of the notice. If the child	16195
has not attained the age of sixteen years on the date of the	16196
notice, the notice shall inform the child that the period of	16197
denial of six months shall commence on the date the child attains	16198
the age of sixteen years.	16199

The registrar shall subscribe to or otherwise participate in	16200
any information system or register, or enter into reciprocal and	16201
mutual agreements with other states and federal authorities, in	16202
order to facilitate the exchange of information with other states	16203
and the United States government regarding children who are	16204
residents of this state and plead guilty to or are convicted of	16205
offenses described in this division and therefore are subject to	16206
the suspension or denial described in this division.	16207

(D) The registrar shall impose a class D suspension of the	16208
child's driver's license, commercial driver's license, temporary	16209
instruction permit, probationary license, or nonresident operating	16210
privilege for the period of time specified in division (B)(4) of	16211
section 4510.02 of the Revised Code on any child who is a resident	16212
of this state and is convicted of or pleads guilty to a violation	16213
of a statute of any other state or a municipal ordinance of a	16214
municipal corporation or township resolution or similar local law	16215
of a township or similar political subdivision located in any	16216
other state that is substantially similar to section 4511.19 of	16217
the Revised Code. Upon receipt of a report from another state made	16218
pursuant to section 4510.61 of the Revised Code indicating that a	16219
child who is a resident of this state was convicted of or pleaded	16220
guilty to an offense described in this division, the registrar	16221
shall send a notice by regular first class mail to the child, at	16222
the child's last known address as shown in the records of the	16223
bureau of motor vehicles, informing the child of the suspension,	16224
that the suspension will take effect twenty-one days from the date	16225
of the notice, and that, if the child wishes to appeal the	16226
suspension, the child must file a notice of appeal within	16227
twenty-one days of the date of the notice requesting a hearing on	16228
the matter. If the child requests a hearing, the registrar shall	16229
hold the hearing not more than forty days after receipt by the	16230
registrar of the notice of appeal. The filing of a notice of	16231
appeal does not stay the operation of the suspension that must be	16232
imposed pursuant to this division. The scope of the hearing shall	16233
be limited to whether the child actually was convicted of or	16234
pleaded guilty to the offense for which the suspension is to be	16235
imposed.	16236

The suspension the registrar is required to impose under this	16237
division shall end either on the last day of the class D	16238
suspension period or of the suspension of the child's nonresident	16239
operating privilege imposed by the state or federal court,	16240
whichever is earlier. If the child is a resident of this state who	16241
is sixteen years of age or older and does not have a current,	16242
valid Ohio driver's or commercial driver's license or permit, the	16243
notice shall inform the child that the child will be denied	16244
issuance of a driver's or commercial driver's license or permit	16245
for six months beginning on the date of the notice. If the child	16246
has not attained the age of sixteen years on the date of the	16247
notice, the notice shall inform the child that the period of	16248
denial of six months shall commence on the date the child attains	16249
the age of sixteen years.	16250

(E) Any person whose license or permit has been suspended	16251
pursuant to this section may file a petition in the municipal or	16252
county court, or in case the person is under eighteen years of	16253
age, the juvenile court, in whose jurisdiction the person resides,	16254
agreeing to pay the cost of the proceedings and alleging that the	16255
suspension would seriously affect the person's ability to continue	16256
the person's employment. Upon satisfactory proof that there is	16257
reasonable cause to believe that the suspension would seriously	16258
affect the person's ability to continue the person's employment,	16259
the judge may grant the person limited driving privileges during	16260
the period during which the suspension otherwise would be imposed,	16261
except that the judge shall not grant limited driving privileges	16262
for employment as a driver of a commercial motor vehicle to any	16263
person who would be disqualified from operating a commercial motor	16264
vehicle under section 4506.16 of the Revised Code if the violation	16265
had occurred in this state, or during any of the following periods	16266
of time:	16267

(1) The first fifteen days of a suspension under division (B)	16268
or (D) of this section, if the person has not been convicted	16269
within six years of the date of the offense giving rise to the	16270
suspension under this section of a violation of any of the	16271
following:	16272

(a) Section 4511.19 of the Revised Code, or a municipal	16273
ordinance relating to operating a vehicle while under the	16274
influence of alcohol, a drug of abuse, or alcohol and a drug of	16275
abuse;	16276

(b) A municipal ordinance relating to operating a motor	16277
vehicle with a prohibited concentration of alcohol, a controlled	16278
substance, or a metabolite of a controlled substance in the whole	16279
blood, blood serum or plasma, breath, or urine;	16280

(c) Section 2903.04 of the Revised Code in a case in which	16281
the person was subject to the sanctions described in division (D)	16282
of that section;	16283

(d) Division (A)(1) of section 2903.06 or division (A)(1) of	16284
section 2903.08 of the Revised Code or a municipal ordinance or	16285
township resolution that is substantially similar to either of	16286
those divisions;	16287

(e) Division (A)(2), (3), or (4) of section 2903.06, division	16288
(A)(2) of section 2903.08, or as it existed prior to March 23,	16289
2000, section 2903.07 of the Revised Code, or a municipal	16290
ordinance or township resolution that is substantially similar to	16291
any of those divisions or that former section, in a case in which	16292
the jury or judge found that the person was under the influence of	16293
alcohol, a drug of abuse, or alcohol and a drug of abuse.	16294

(2) The first thirty days of a suspension under division (B)	16295
or (D) of this section, if the person has been convicted one time	16296
within six years of the date of the offense giving rise to the	16297
suspension under this section of any violation identified in	16298
division (E)(1) of this section.	16299

(3) The first one hundred eighty days of a suspension under	16300
division (B) or (D) of this section, if the person has been	16301
convicted two times within six years of the date of the offense	16302
giving rise to the suspension under this section of any violation	16303
identified in division (E)(1) of this section.	16304

(4) No limited driving privileges may be granted if the	16305
person has been convicted three or more times within five years of	16306
the date of the offense giving rise to a suspension under division	16307
(B) or (D) of this section of any violation identified in division	16308
(E)(1) of this section.	16309

If a person petitions for limited driving privileges under	16310
division (E) of this section, the registrar shall be represented	16311
by the county prosecutor of the county in which the person resides	16312
if the petition is filed in a juvenile court or county court,	16313
except that if the person resides within a city or village that is	16314
located within the jurisdiction of the county in which the	16315
petition is filed, the city director of law or village solicitor	16316
of that city or village shall represent the registrar. If the	16317
petition is filed in a municipal court, the registrar shall be	16318
represented as provided in section 1901.34 of the Revised Code.	16319

In granting limited driving privileges under division (E) of	16320
this section, the court may impose any condition it considers	16321
reasonable and necessary to limit the use of a vehicle by the	16322
person. The court shall deliver to the person a permit card, in a	16323
form to be prescribed by the court, setting forth the time, place,	16324
and other conditions limiting the person's use of a motor vehicle.	16325
The grant of limited driving privileges shall be conditioned upon	16326
the person's having the permit in the person's possession at all	16327
times during which the person is operating a vehicle.	16328

A person granted limited driving privileges who operates a	16329
vehicle for other than limited purposes, in violation of any	16330
condition imposed by the court or without having the permit in the	16331
person's possession, is guilty of a violation of section 4510.11	16332
of the Revised Code.	16333

(F) As used in divisions (C) and (D) of this section:

16334

(1) "Child" means a person who is under the age of eighteen	16335
years, except that any person who violates a statute or ordinance	16336
described in division (C) or (D) of this section prior to	16337
attaining eighteen years of age shall be deemed a "child"	16338
irrespective of the person's age at the time the complaint or	16339
other equivalent document is filed in the other state or a	16340
hearing, trial, or other proceeding is held in the other state on	16341
the complaint or other equivalent document, and irrespective of	16342
the person's age when the period of license suspension or denial	16343
prescribed in division (C) or (D) of this section is imposed.	16344

(2) "Is convicted of or pleads guilty to" means, as it	16345
relates to a child who is a resident of this state, that in a	16346
proceeding conducted in a state or federal court located in	16347
another state for a violation of a statute or ordinance described	16348
in division (C) or (D) of this section, the result of the	16349
proceeding is any of the following:	16350

(a) Under the laws that govern the proceedings of the court,	16351
the child is adjudicated to be or admits to being a delinquent	16352
child or a juvenile traffic offender for a violation described in	16353
division (C) or (D) of this section that would be a crime if	16354
committed by an adult;	16355

(b) Under the laws that govern the proceedings of the court,	16356
the child is convicted of or pleads guilty to a violation	16357
described in division (C) or (D) of this section;	16358

(c) Under the laws that govern the proceedings of the court,	16359
irrespective of the terminology utilized in those laws, the result	16360
of the court's proceedings is the functional equivalent of	16361
division (F)(2)(a) or (b) of this section.	16362

Sec. 4510.22. (A) If a person who has a current valid Ohio	16363
driver's, commercial driver's license, or temporary instruction	16364
permit is charged with a violation of any provision in sections	16365
4511.01 to 4511.76, 4511.84, 4513.01 to 4513.65, or 4549.01 to	16366
4549.65 of the Revised Code that is classified as a misdemeanor of	16367
the first, second, third, or fourth degree or with a violation of	16368
any substantially equivalent municipal ordinance or township	16369
resolution and if the person either fails to appear in court at	16370
the required time and place to answer the charge or pleads guilty	16371
to or is found guilty of the violation and fails within the time	16372
allowed by the court to pay the fine imposed by the court, the	16373
court shall declare the forfeiture of the person's license.	16374
Thirty days after the declaration of forfeiture, the court shall	16375
inform the registrar of motor vehicles of the forfeiture by	16376
entering information relative to the of forfeiture on a form	16377
approved and furnished by the registrar and sending the form to	16378
the registrar. The court also shall forward the person's license,	16379
if it is in the possession of the court, to the registrar.	16380

The registrar shall impose a class F suspension of the	16381
person's driver's or commercial driver's license, or temporary	16382
instruction permit for the period of time specified in division	16383
(B)(6) of section 4510.02 of the Revised Code on any person who is	16384
named in a declaration received by the registrar under this	16385
section. The registrar shall send written notification of the	16386
suspension to the person at the person's last known address and,	16387
if the person is in possession of the license, order the person to	16388
surrender the person's license or permit to the registrar within	16389
forty-eight hours.	16390

No valid driver's or commercial driver's license shall be	16391
granted to the person after the suspension, unless the court	16392
having jurisdiction of the offense that led to the suspension	16393
orders that the forfeiture be terminated. The court shall order	16394
the termination of the forfeiture if the person thereafter appears	16395
to answer the charge and pays any fine imposed by the court or	16396
pays the fine originally imposed by the court. The court shall	16397
inform the registrar of the termination of the forfeiture by	16398
entering information relative to the termination on a form	16399
approved and furnished by the registrar and sending the form to	16400
the registrar. The person shall pay to the bureau of motor	16401
vehicles a fifteen-dollar reinstatement fee to cover the costs of	16402
the bureau in administering this section. The registrar shall	16403
deposit the fee into the state bureau of motor vehicles fund	16404
created by section 4501.25 of the Revised Code.	16405

(B) In addition to suspending the driver's or commercial	16406
driver's license or permit of the person named in a declaration of	16407
forfeiture, the registrar, upon receipt from the court of the copy	16408
of the declaration of forfeiture, shall take any measures that may	16409
be necessary to ensure that neither the registrar nor any deputy	16410
registrar accepts any application for the registration or transfer	16411
of registration of any motor vehicle owned or leased by the person	16412
named in the declaration of forfeiture. However, for a motor	16413
vehicle leased by a person named in a declaration of forfeiture,	16414
the registrar shall not implement the preceding sentence until the	16415
registrar adopts procedures for that implementation under section	16416
4503.39 of the Revised Code. The period of denial of registration	16417
or transfer shall continue until such time as the court having	16418
jurisdiction of the offense that led to the suspension orders the	16419
forfeiture be terminated. Upon receipt by the registrar of an	16420
order terminating the forfeiture, the registrar also shall take	16421
any measures that may be necessary to permit the person to	16422
register a motor vehicle owned or leased by the person or to	16423
transfer the registration of such a motor vehicle, if the person	16424
later makes application to take such action and otherwise is	16425
eligible to register the motor vehicle or to transfer its	16426
registration.	16427

The registrar shall not be required to give effect to any	16428
declaration of forfeiture or order terminating a forfeiture	16429
provided by a court under this section unless the information	16430
contained in the declaration or order is transmitted to the	16431
registrar by means of an electronic transfer system. The registrar	16432
shall not restore the person's driving or vehicle registration	16433
privileges until the person pays the reinstatement fee as provided	16434
in this section.	16435

The period of denial relating to the issuance or transfer of	16436
a certificate of registration for a motor vehicle imposed pursuant	16437
to this division remains in effect until the person pays any fine	16438
imposed by the court relative to the offense.	16439

Sec. 4510.31. (A)(1) Except as provided in division (C) of	16440
this section, the registrar of motor vehicles shall suspend the	16441
probationary driver's license, restricted license, or temporary	16442
instruction permit issued to any person when the person has been	16443
convicted of, pleaded guilty to, or been adjudicated in juvenile	16444
court of having committed, prior to the person's eighteenth	16445
birthday, any of the following:	16446

(a) Three separate violations of section 2903.06, 2903.08,	16447
2921.331, 4511.12, 4511.13, 4511.15, 4511.191, 4511.20, 4511.201,	16448
4511.202, 4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, 4511.57	16449
to 4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the Revised	16450
Code, section 4510.14 of the Revised Code involving a suspension	16451
imposed under section 4511.191 or 4511.196 of the Revised Code,	16452
section 2903.04 of the Revised Code in a case in which the person	16453
would have been subject to the sanctions described in division (D)	16454
of that section had the person been convicted of the violation of	16455
that section, former section 2903.07 of the Revised Code, or any	16456
municipal ordinances similarly relating to the offenses referred	16457
to in those sections;	16458

(b) One violation of section 4511.19 of the Revised Code or a	16459
substantially similar municipal ordinance or township resolution;	16460

(c) Two separate violations of any of the Revised Code	16461
sections referred to in division (A)(1)(a) of this section, or any	16462
municipal ordinance or township resolution that is substantially	16463
similar to any of those sections.	16464

(2) Any person whose license or permit is suspended under	16465
division (A)(1)(a), (b), or (c) of this section shall mail or	16466
deliver the person's probationary driver's license, restricted	16467
license, or temporary instruction permit to the registrar within	16468
fourteen days of notification of the suspension. The registrar	16469
shall retain the license or permit during the period of the	16470
suspension. A suspension pursuant to division (A)(1)(a) of this	16471
section shall be a class C suspension, a suspension pursuant to	16472
division (A)(1)(b) of this section shall be a class D suspension,	16473
and a suspension pursuant to division (A)(1)(c) of this section	16474
shall be a class E suspension, all for the periods of time	16475
specified in division (B) of section 4510.02 of the Revised Code.	16476
If the person's probationary driver's license, restricted license,	16477
or temporary instruction permit is under suspension on the date	16478
the court imposes sentence upon the person for a violation	16479
described in division (A)(1)(b) of this section, the suspension	16480
shall take effect on the next day immediately following the end of	16481
that period of suspension. If the person is sixteen years of age	16482
or older and pleads guilty to or is convicted of a violation	16483
described in division (A)(1)(b) of this section and the person	16484
does not have a current, valid probationary driver's license,	16485
restricted license, or temporary instruction permit, the registrar	16486
shall deny the issuance to the person of a probationary driver's	16487
license, restricted license, driver's license, commercial driver's	16488
license, or temporary instruction permit, as the case may be, for	16489
six months beginning on the date the court imposes sentence upon	16490
the person for the violation. If the person has not attained the	16491
age of sixteen years on the date the court imposes sentence upon	16492
the person for the violation, the period of denial shall commence	16493
on the date the person attains the age of sixteen years.	16494

(3) The registrar shall suspend the person's license or	16495
permit under division (A) of this section regardless of whether	16496
the disposition of the case in juvenile court occurred after the	16497
person's eighteenth birthday.	16498

(B) The registrar also shall impose a class D suspension for	16499
the period of time specified in division (B)(4) of section 4510.02	16500
of the Revised Code of the temporary instruction permit or	16501
probationary driver's license of any person under the age of	16502
eighteen who has been adjudicated an unruly child, delinquent	16503
child, or juvenile traffic offender for having committed any act	16504
that if committed by an adult would be a drug abuse offense or a	16505
violation of division (B) of section 2917.11 of the Revised Code.	16506
The registrar, in the registrar's discretion, may terminate the	16507
suspension if the child, at the discretion of the court, attends	16508
and satisfactorily completes a drug abuse or alcohol abuse	16509
education, intervention, or treatment program specified by the	16510
court. Any person whose temporary instruction permit or	16511
probationary driver's license is suspended under this division	16512
shall mail or deliver the person's permit or license to the	16513
registrar within fourteen days of notification of the suspension.	16514
The registrar shall retain the permit or license during the period	16515
of the suspension.	16516

(C)(1) Except as provided in division (C)(3) of this section,	16517
for any person who is convicted of, pleads guilty to, or is	16518
adjudicated in juvenile court of having committed a second or	16519
third violation of section 4511.12, 4511.13, 4511.15, 4511.20 to	16520
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or	16521
4511.75 of the Revised Code or any similar municipal ordinances	16522
and whose license or permit is suspended under division (A)(1)(a)	16523
or (c) of this section, the court in which the second or third	16524
conviction, finding, plea, or adjudication resulting in the	16525
suspension was made, upon petition of the person, may grant the	16526
person limited driving privileges during the period during which	16527
the suspension otherwise would be imposed under division (A)(1)(a)	16528
or (c) of this section if the court finds reasonable cause to	16529
believe that the suspension will seriously affect the person's	16530
ability to continue in employment, educational training,	16531
vocational training, or treatment. In granting the limited driving	16532
privileges, the court shall specify the purposes, times, and	16533
places of the privileges and may impose any other conditions upon	16534
the person's driving a motor vehicle that the court considers	16535
reasonable and necessary.	16536

A court that grants limited driving privileges to a person	16537
under this division shall retain the person's probationary	16538
driver's license, restricted license, or temporary instruction	16539
permit during the period the license or permit is suspended and	16540
also during the period for which limited driving privileges are	16541
granted, and shall deliver to the person a permit card, in a form	16542
to be prescribed by the court, setting forth the date on which the	16543
limited driving privileges will become effective, the purposes for	16544
which the person may drive, the times and places at which the	16545
person may drive, and any other conditions imposed upon the	16546
person's use of a motor vehicle.	16547

The court immediately shall notify the registrar, in writing,	16548
of a grant of limited driving privileges under this division. The	16549
notification shall specify the date on which the limited driving	16550
privileges will become effective, the purposes for which the	16551
person may drive, the times and places at which the person may	16552
drive, and any other conditions imposed upon the person's use of a	16553
motor vehicle. The registrar shall not suspend the probationary	16554
driver's license, restricted license, or temporary instruction	16555
permit of any person pursuant to division (A) of this section	16556
during any period for which the person has been granted limited	16557
driving privileges as provided in this division, if the registrar	16558
has received the notification described in this division from the	16559
court.	16560

(2) Except as provided in division (C)(3) of this section, in	16561
any case in which the temporary instruction permit or probationary	16562
driver's license of a person under eighteen years of age has been	16563
suspended under division (A) or (B) of this section or any other	16564
provision of law, the court may grant the person limited driving	16565
privileges for the purpose of the person's practicing of driving	16566
with the person's parent, guardian, or other custodian during the	16567
period of the suspension. Any grant of limited driving privileges	16568
under this division shall comply with division (D) of section	16569
4510.021 of the Revised Code.	16570

(3) A court shall not grant limited driving privileges to a	16571
person identified in division (C)(1) or (2) of this section if the	16572
person, within the preceding six years, has been convicted of,	16573
pleaded guilty to, or adjudicated in juvenile court of having	16574
committed three or more violations of one or more of the divisions	16575
or sections set forth in divisions (G)(2)(b) to (g) of section	16576
2919.22 of the Revised Code.	16577

(D) If a person who has been granted limited driving	16578
privileges under division (C) of this section is convicted of,	16579
pleads guilty to, or is adjudicated in juvenile court of having	16580
committed, a violation of Chapter 4510. of the Revised Code, or a	16581
subsequent violation of any of the sections of the Revised Code	16582
listed in division (A)(1)(a) of this section or any similar	16583
municipal ordinance during the period for which the person was	16584
granted limited driving privileges, the court that granted the	16585
limited driving privileges shall suspend the person's permit card.	16586
The court or the clerk of the court immediately shall forward the	16587
person's probationary driver's license, restricted license, or	16588
temporary instruction permit together with written notification of	16589
the court's action to the registrar. Upon receipt of the license	16590
or permit and notification, the registrar shall impose a class C	16591
suspension of the person's probationary driver's license,	16592
restricted license, or temporary instruction permit for the period	16593
of time specified in division (B)(3) of section 4510.02 of the	16594
Revised Code. The registrar shall retain the license or permit	16595
during the period of suspension, and no further limited driving	16596
privileges shall be granted during that period.	16597

(E) No application for a driver's or commercial driver's	16598
license shall be received from any person whose probationary	16599
driver's license, restricted license, or temporary instruction	16600
permit has been suspended under this section until each of the	16601
following has occurred:	16602

(1) The suspension period has expired;

16603

(2) A temporary instruction permit or commercial driver's	16604
license temporary instruction permit has been issued;	16605

(3) The person successfully completes a juvenile driver	16606
improvement program approved by the registrar under section	16607
4510.311 of the Revised Code;	16608

(4) The applicant has submitted to the examination for a	16609
driver's license as provided for in section 4507.11 or a	16610
commercial driver's license as provided in Chapter 4506. of the	16611
Revised Code.	16612

Sec. 4510.41. (A) As used in this section:

16613

(1) "Arrested person" means a person who is arrested for a	16614
violation of section 4510.14, 4510.16, or 4511.203 of the Revised	16615
Code, or a municipal ordinance or township resolution that is	16616
substantially equivalent to any of those sections, and whose	16617
arrest results in a vehicle being seized under division (B) of	16618
this section.	16619

(2) "Vehicle owner" means either of the following:

16620

(a) The person in whose name is registered, at the time of	16621
the seizure, a vehicle that is seized under division (B) of this	16622
section;	16623

(b) A person to whom the certificate of title to a vehicle	16624
that is seized under division (B) of this section has been	16625
assigned and who has not obtained a certificate of title to the	16626
vehicle in that person's name, but who is deemed by the court as	16627
being the owner of the vehicle at the time the vehicle was seized	16628
under division (B) of this section.	16629

(3) "Interested party" includes the owner of a vehicle seized	16630
under this section, all lienholders, the arrested person, the	16631
owner of the place of storage at which a vehicle seized under this	16632
section is stored, and the person or entity that caused the	16633
vehicle to be removed.	16634

(B)(1) If a person is arrested for a violation of section	16635
4510.14 or 4511.203 of the Revised Code or a municipal ordinance	16636
or township resolution that is substantially equivalent to either	16637
of those sections or if a person is arrested for a violation of	16638
section 4510.16 of the Revised Code or a municipal ordinance or	16639
township resolution that is substantially equivalent to that	16640
section and if division (B)(3) of section 4510.16 or division	16641
(B)(2) of section 4510.161 of the Revised Code applies, the	16642
arresting officer or another officer of the law enforcement agency	16643
that employs the arresting officer, in addition to any action that	16644
the arresting officer is required or authorized to take by any	16645
other provision of law, shall seize the vehicle that the person	16646
was operating at the time of, or that was involved in, the alleged	16647
offense if the vehicle is registered in the arrested person's name	16648
and its license plates. A law enforcement agency that employs a	16649
law enforcement officer who makes an arrest of a type that is	16650
described in this division and that involves a rented or leased	16651
vehicle that is being rented or leased for a period of thirty days	16652
or less shall notify, within twenty-four hours after the officer	16653
makes the arrest, the lessor or owner of the vehicle regarding the	16654
circumstances of the arrest and the location at which the vehicle	16655
may be picked up. At the time of the seizure of the vehicle, the	16656
law enforcement officer who made the arrest shall give the	16657
arrested person written notice that the vehicle and its license	16658
plates have been seized; that the vehicle either will be kept by	16659
the officer's law enforcement agency or will be immobilized at	16660
least until the person's initial appearance on the charge of the	16661
offense for which the arrest was made; that, at the initial	16662
appearance, the court in certain circumstances may order that the	16663
vehicle and license plates be released to the arrested person	16664
until the disposition of that charge; that, if the arrested person	16665
is convicted of that charge, the court generally must order the	16666
immobilization of the vehicle and the impoundment of its license	16667
plates or the forfeiture of the vehicle; and that the arrested	16668
person may be charged expenses or charges incurred under this	16669
section and section 4503.233 of the Revised Code for the removal	16670
and storage of the vehicle.	16671

(2) The arresting officer or a law enforcement officer of the	16672
agency that employs the arresting officer shall give written	16673
notice of the seizure under division (B)(1) of this section to the	16674
court that will conduct the initial appearance of the arrested	16675
person on the charges arising out of the arrest. Upon receipt of	16676
the notice, the court promptly shall determine whether the	16677
arrested person is the vehicle owner. If the court determines that	16678
the arrested person is not the vehicle owner, it promptly shall	16679
send by regular mail written notice of the seizure to the	16680
vehicle's registered owner. The written notice shall contain all	16681
of the information required by division (B)(1) of this section to	16682
be in a notice to be given to the arrested person and also shall	16683
specify the date, time, and place of the arrested person's initial	16684
appearance. The notice also shall inform the vehicle owner that if	16685
title to a motor vehicle that is subject to an order for criminal	16686
forfeiture under this section is assigned or transferred and	16687
division (B)(2) or (3) of section 4503.234 of the Revised Code	16688
applies, the court may fine the arrested person the value of the	16689
vehicle. The notice also shall state that if the vehicle is	16690
immobilized under division (A) of section 4503.233 of the Revised	16691
Code, seven days after the end of the period of immobilization a	16692
law enforcement agency will send the vehicle owner a notice,	16693
informing the owner that if the release of the vehicle is not	16694
obtained in accordance with division (D)(3) of section 4503.233 of	16695
the Revised Code, the vehicle shall be forfeited. The notice also	16696
shall inform the vehicle owner that the owner may be charged	16697
expenses or charges incurred under this section and section	16698
4503.233 of the Revised Code for the removal and storage of the	16699
vehicle.	16700

The written notice that is given to the arrested person also	16701
shall state that if the person is convicted of or pleads guilty to	16702
the offense and the court issues an immobilization and impoundment	16703
order relative to that vehicle, division (D)(4) of section	16704
4503.233 of the Revised Code prohibits the vehicle from being sold	16705
during the period of immobilization without the prior approval of	16706
the court.	16707

(3) At or before the initial appearance, the vehicle owner	16708
may file a motion requesting the court to order that the vehicle	16709
and its license plates be released to the vehicle owner. Except as	16710
provided in this division and subject to the payment of expenses	16711
or charges incurred in the removal and storage of the vehicle, the	16712
court, in its discretion, then may issue an order releasing the	16713
vehicle and its license plates to the vehicle owner. Such an order	16714
may be conditioned upon such terms as the court determines	16715
appropriate, including the posting of a bond in an amount	16716
determined by the court. If the arrested person is not the vehicle	16717
owner and if the vehicle owner is not present at the arrested	16718
person's initial appearance, and if the court believes that the	16719
vehicle owner was not provided with adequate notice of the initial	16720
appearance, the court, in its discretion, may allow the vehicle	16721
owner to file a motion within seven days of the initial	16722
appearance. If the court allows the vehicle owner to file such a	16723
motion after the initial appearance, the extension of time granted	16724
by the court does not extend the time within which the initial	16725
appearance is to be conducted. If the court issues an order for	16726
the release of the vehicle and its license plates, a copy of the	16727
order shall be made available to the vehicle owner. If the vehicle	16728
owner presents a copy of the order to the law enforcement agency	16729
that employs the law enforcement officer who arrested the arrested	16730
person, the law enforcement agency promptly shall release the	16731
vehicle and its license plates to the vehicle owner upon payment	16732
by the vehicle owner of any expenses or charges incurred in the	16733
removal or storage of the vehicle.	16734

(4) A vehicle seized under division (B)(1) of this section	16735
either shall be towed to a place specified by the law enforcement	16736
agency that employs the arresting officer to be safely kept by the	16737
agency at that place for the time and in the manner specified in	16738
this section or shall be otherwise immobilized for the time and in	16739
the manner specified in this section. A law enforcement officer of	16740
that agency shall remove the identification license plates of the	16741
vehicle, and they shall be safely kept by the agency for the time	16742
and in the manner specified in this section. No vehicle that is	16743
seized and either towed or immobilized pursuant to this division	16744
shall be considered contraband for purposes of Chapter 2981. of	16745
the Revised Code. The vehicle shall not be immobilized at any	16746
place other than a commercially operated private storage lot, a	16747
place owned by a law enforcement or other government agency, or a	16748
place to which one of the following applies:	16749

(a) The place is leased by or otherwise under the control of	16750
a law enforcement or other government agency.	16751

(b) The place is owned by the arrested person, the arrested	16752
person's spouse, or a parent or child of the arrested person.	16753

(c) The place is owned by a private person or entity, and,	16754
prior to the immobilization, the private entity or person that	16755
owns the place, or the authorized agent of that private entity or	16756
person, has given express written consent for the immobilization	16757
to be carried out at that place.	16758

(d) The place is a public street or highway on which the	16759
vehicle is parked in accordance with the law.	16760

(C)(1) A vehicle seized under division (B)(1) of this section	16761
shall be safely kept at the place to which it is towed or	16762
otherwise moved by the law enforcement agency that employs the	16763
arresting officer until the initial appearance of the arrested	16764
person relative to the charge in question. The license plates of	16765
the vehicle that are removed pursuant to division (B)(1) of this	16766
section shall be safely kept by the law enforcement agency that	16767
employs the arresting officer until at least the initial	16768
appearance of the arrested person relative to the charge in	16769
question.	16770

(2)(a) At the initial appearance or not less than seven days	16771
prior to the date of final disposition, the court shall notify the	16772
arrested person that, if title to a motor vehicle that is subject	16773
to an order for criminal forfeiture under this section is assigned	16774
or transferred and division (B)(2) or (3) of section 4503.234 of	16775
the Revised Code applies, the court may fine the arrested person	16776
the value of the vehicle. If, at the initial appearance, the	16777
arrested person pleads guilty to the violation of section 4510.14,	16778
4510.16, or 4511.203 of the Revised Code, or a municipal ordinance	16779
or township resolution that is substantially equivalent to any of	16780
those sections or pleads no contest to and is convicted of the	16781
violation, the following sentencing provisions apply:	16782

(i) If the person violated section 4510.14 or 4511.203 of the	16783
Revised Code or a municipal ordinance or township resolution that	16784
is substantially equivalent to either of those sections, or	16785
violated section 4510.16 of the Revised Code or a municipal	16786
ordinance or township resolution that is substantially equivalent	16787
to that section and division (B)(3) of section 4510.16 or division	16788
(B)(2) of section 4510.161 of the Revised Code applies, the court	16789
shall impose sentence upon the person as provided by law or	16790
ordinance; the court shall order the immobilization of the vehicle	16791
the arrested person was operating at the time of, or that was	16792
involved in, the offense if registered in the arrested person's	16793
name and the impoundment of its license plates under section	16794
4503.233 and section 4510.14, 4510.16, 4510.161, or 4511.203 of	16795
the Revised Code or the criminal forfeiture to the state of the	16796
vehicle if registered in the arrested person's name under section	16797
4503.234 and section 4510.14, 4510.16, 4510.161, or 4511.203 of	16798
the Revised Code, whichever is applicable; and the vehicle and its	16799
license plates shall not be returned or released to the arrested	16800
person.	16801

(ii) If the person violated section 4510.16 of the Revised	16802
Code or a municipal ordinance or township resolution that is	16803
substantially equivalent to that section and division (B)(2) of	16804
section 4510.16 or division (B)(1) of section 4510.161 applies,	16805
the court shall impose sentence upon the person as provided by law	16806
or ordinance and may order the immobilization of the vehicle the	16807
person was operating at the time of, or that was involved in, the	16808
offense if it is registered in the arrested person's name and the	16809
impoundment of its license plates under section 4503.233 and	16810
section 4510.16 or 4510.161 of the Revised Code, and the vehicle	16811
and its license plates shall not be returned or released to the	16812
arrested person.	16813

(b) If, at any time, the charge that the arrested person	16814
violated section 4510.14, 4510.16, or 4511.203 of the Revised	16815
Code, or a municipal ordinance or township resolution that is	16816
substantially equivalent to any of those sections is dismissed for	16817
any reason, the court shall order that the vehicle seized at the	16818
time of the arrest and its license plates immediately be released	16819
to the person.	16820

(D) If a vehicle and its license plates are seized under	16821
division (B)(1) of this section and are not returned or released	16822
to the arrested person pursuant to division (C) of this section,	16823
the vehicle and its license plates shall be retained until the	16824
final disposition of the charge in question. Upon the final	16825
disposition of that charge, the court shall do whichever of the	16826
following is applicable:	16827

(1) If the arrested person is convicted of or pleads guilty	16828
to the violation of section 4510.14 or 4511.203 of the Revised	16829
Code, or a municipal ordinance or township resolution that is	16830
substantially equivalent to either of those sections, or to the	16831
violation of section 4510.16 of the Revised Code or a municipal	16832
ordinance or township resolution that is substantially equivalent	16833
to that section and division (B)(3) of section 4510.16 or division	16834
(B)(2) of section 4510.161 of the Revised Code applies, the court	16835
shall impose sentence upon the person as provided by law or	16836
ordinance and shall order the immobilization of the vehicle the	16837
person was operating at the time of, or that was involved in, the	16838
offense if it is registered in the arrested person's name and the	16839
impoundment of its license plates under section 4503.233 and	16840
section 4510.14, 4510.16, 4510.161, or 4511.203 of the Revised	16841
Code or the criminal forfeiture of the vehicle if it is registered	16842
in the arrested person's name under section 4503.234 and section	16843
4510.14, 4510.16, 4510.161, or 4511.203 of the Revised Code,	16844
whichever is applicable.	16845

(2) If the person violated section 4510.16 of the Revised	16846
Code or a municipal ordinance or township resolution that is	16847
substantially equivalent to that section and division (B)(2) of	16848
section 4510.16 or division (B)(1) of section 4510.161 applies,	16849
the court shall impose sentence upon the person as provided by law	16850
or ordinance and may order the immobilization of the vehicle the	16851
person was operating at the time of, or that was involved in, the	16852
offense if it is registered in the person's name and the	16853
impoundment of its license plates under section 4503.233 and	16854
section 4510.16 or 4510.161 of the Revised Code.	16855

(3) If the arrested person is found not guilty of the	16856
violation of section 4510.14, 4510.16, or 4511.203 of the Revised	16857
Code, or a municipal ordinance or township resolution that is	16858
substantially equivalent to any of those sections, the court shall	16859
order that the vehicle and its license plates immediately be	16860
released to the arrested person.	16861

(4) If the charge that the arrested person violated section	16862
4510.14, 4510.16, or 4511.203 of the Revised Code, or a municipal	16863
ordinance or township resolution that is substantially equivalent	16864
to any of those sections is dismissed for any reason, the court	16865
shall order that the vehicle and its license plates immediately be	16866
released to the arrested person.	16867

(5) If the impoundment of the vehicle was not authorized	16868
under this section, the court shall order that the vehicle and its	16869
license plates be returned immediately to the arrested person or,	16870
if the arrested person is not the vehicle owner, to the vehicle	16871
owner and shall order that the state or political subdivision of	16872
the law enforcement agency served by the law enforcement officer	16873
who seized the vehicle pay all expenses and charges incurred in	16874
its removal and storage.	16875

(E) If a vehicle is seized under division (B)(2) of this	16876
section, the time between the seizure of the vehicle and either	16877
its release to the arrested person pursuant to division (C) of	16878
this section or the issuance of an order of immobilization of the	16879
vehicle under section 4503.233 of the Revised Code shall be	16880
credited against the period of immobilization ordered by the	16881
court.	16882

(F)(1) Except as provided in division (D)(4) of this section,	16883
the arrested person may be charged expenses or charges incurred in	16884
the removal and storage of the immobilized vehicle. The court with	16885
jurisdiction over the case, after notice to all interested	16886
parties, including lienholders, and after an opportunity for them	16887
to be heard, if the court finds that the arrested person does not	16888
intend to seek release of the vehicle at the end of the period of	16889
immobilization under section 4503.233 of the Revised Code or that	16890
the arrested person is not or will not be able to pay the expenses	16891
and charges incurred in its removal and storage, may order that	16892
title to the vehicle be transferred, in order of priority, first	16893
into the name of the person or entity that removed it, next into	16894
the name of a lienholder, or lastly into the name of the owner of	16895
the place of storage.	16896

Any lienholder that receives title under a court order shall	16897
do so on the condition that it pay any expenses or charges	16898
incurred in the vehicle's removal and storage. If the person or	16899
entity that receives title to the vehicle is the person or entity	16900
that removed it, the person or entity shall receive title on the	16901
condition that it pay any lien on the vehicle. The court shall not	16902
order that title be transferred to any person or entity other than	16903
the owner of the place of storage if the person or entity refuses	16904
to receive the title. Any person or entity that receives title	16905
either may keep title to the vehicle or may dispose of the vehicle	16906
in any legal manner that it considers appropriate, including	16907
assignment of the certificate of title to the motor vehicle to a	16908
salvage dealer or a scrap metal processing facility. The person or	16909
entity shall not transfer the vehicle to the person who is the	16910
vehicle's immediate previous owner.	16911

If the person or entity that receives title assigns the motor	16912
vehicle to a salvage dealer or scrap metal processing facility,	16913
the person or entity shall send the assigned certificate of title	16914
to the motor vehicle to the clerk of the court of common pleas of	16915
the county in which the salvage dealer or scrap metal processing	16916
facility is located. The person or entity shall mark the face of	16917
the certificate of title with the words "FOR DESTRUCTION" and	16918
shall deliver a photocopy of the certificate of title to the	16919
salvage dealer or scrap metal processing facility for its records.	16920

(2) Whenever a court issues an order under division (F)(1) of	16921
this section, the court also shall order removal of the license	16922
plates from the vehicle and cause them to be sent to the registrar	16923
if they have not already been sent to the registrar. Thereafter,	16924
no further proceedings shall take place under this section or	16925
under section 4503.233 of the Revised Code.	16926

(3) Prior to initiating a proceeding under division (F)(1) of	16927
this section, and upon payment of the fee under division (B) of	16928
section 4505.14, any interested party may cause a search to be	16929
made of the public records of the bureau of motor vehicles or the	16930
clerk of the court of common pleas, to ascertain the identity of	16931
any lienholder of the vehicle. The initiating party shall furnish	16932
this information to the clerk of the court with jurisdiction over	16933
the case, and the clerk shall provide notice to the arrested	16934
person, any lienholder, and any other interested parties listed by	16935
the initiating party, at the last known address supplied by the	16936
initiating party, by certified mail, or, at the option of the	16937
initiating party, by personal service or ordinary mail.	16938

Sec. 4510.43. (A)(1) The director of public safety, upon	16939
consultation with the director of health and in accordance with	16940
Chapter 119. of the Revised Code, shall certify immobilizing and	16941
disabling devices and shall publish and make available to the	16942
courts, without charge, a list of approved devices together with	16943
information about the manufacturers of the devices and where they	16944
may be obtained. The manufacturer of an immobilizing or disabling	16945
device shall pay the cost of obtaining the certification of the	16946
device to the director of public safety, and the director shall	16947
deposit the payment in the drivers' treatment and intervention	16948
fund established by sections 4511.19 and 4511.191 of the Revised	16949
Code.	16950

(2) The director of public safety, in accordance with Chapter	16951
119. of the Revised Code, shall adopt and publish rules setting	16952
forth the requirements for obtaining the certification of an	16953
immobilizing or disabling device. The director of public safety	16954
shall not certify an immobilizing or disabling device under this	16955
section unless it meets the requirements specified and published	16956
by the director in the rules adopted pursuant to this division. A	16957
certified device may consist of an ignition interlock device, an	16958
ignition blocking device initiated by time or magnetic or	16959
electronic encoding, an activity monitor, or any other device that	16960
reasonably assures compliance with an order granting limited	16961
driving privileges.	16962

The requirements for an immobilizing or disabling device that	16963
is an ignition interlock device shall include provisions for	16964
setting a minimum and maximum calibration range and shall include,	16965
but shall not be limited to, specifications that the device	16966
complies with all of the following:	16967

(a) It does not impede the safe operation of the vehicle.

16968

(b) It has features that make circumvention difficult and	16969
that do not interfere with the normal use of the vehicle.	16970

(c) It correlates well with established measures of alcohol	16971
impairment.	16972

(d) It works accurately and reliably in an unsupervised	16973
environment.	16974

(e) It is resistant to tampering and shows evidence of	16975
tampering if tampering is attempted.	16976

(f) It is difficult to circumvent and requires premeditation	16977
to do so.	16978

(g) It minimizes inconvenience to a sober user.

16979

(h) It requires a proper, deep-lung breath sample or other	16980
accurate measure of the concentration by weight of alcohol in the	16981
breath.	16982

(i) It operates reliably over the range of automobile	16983
environments.	16984

(j) It is made by a manufacturer who is covered by product	16985
liability insurance.	16986

(3) The director of public safety may adopt, in whole or in	16987
part, the guidelines, rules, regulations, studies, or independent	16988
laboratory tests performed and relied upon by other states, or	16989
their agencies or commissions, in the certification or approval of	16990
immobilizing or disabling devices.	16991

(4) The director of public safety shall adopt rules in	16992
accordance with Chapter 119. of the Revised Code for the design of	16993
a warning label that shall be affixed to each immobilizing or	16994
disabling device upon installation. The label shall contain a	16995
warning that any person tampering, circumventing, or otherwise	16996
misusing the device is subject to a fine, imprisonment, or both	16997
and may be subject to civil liability.	16998

(B) A court considering the use of a prototype device in a	16999
pilot program shall advise the director of public safety, thirty	17000
days before the use, of the prototype device and its protocol,	17001
methodology, manufacturer, and licensor, lessor, other agent, or	17002
owner, and the length of the court's pilot program. A prototype	17003
device shall not be used for a violation of section 4510.14 or	17004
4511.19 of the Revised Code, a violation of a municipal OVI	17005
ordinance or township OVI resolution, or in relation to a	17006
suspension imposed under section 4511.191 of the Revised Code. A	17007
court that uses a prototype device in a pilot program,	17008
periodically during the existence of the program and within	17009
fourteen days after termination of the program, shall report in	17010
writing to the director of public safety regarding the	17011
effectiveness of the prototype device and the program.	17012

(C) If a person has been granted limited driving privileges	17013
with a condition of the privileges being that the motor vehicle	17014
that is operated under the privileges must be equipped with an	17015
immobilizing or disabling device, the person may operate a motor	17016
vehicle that is owned by the person's employer only if the person	17017
is required to operate that motor vehicle in the course and scope	17018
of the offender's employment. Such a person may operate that	17019
vehicle without the installation of an immobilizing or disabling	17020
device, provided that the employer has been notified that the	17021
person has limited driving privileges and of the nature of the	17022
restriction and further provided that the person has proof of the	17023
employer's notification in the person's possession while operating	17024
the employer's vehicle for normal business duties. A motor vehicle	17025
owned by a business that is partly or entirely owned or controlled	17026
by a person with limited driving privileges is not a motor vehicle	17027
owned by an employer, for purposes of this division.	17028

Sec. 4510.53. (A) Upon receipt of any driver's or commercial	17029
driver's license or permit that has been suspended under section	17030
4511.19 or 4511.191 of the Revised Code, the registrar of motor	17031
vehicles, notwithstanding any other provision of law that purports	17032
to require the registrar to retain the license or permit, may	17033
destroy the license or permit.	17034

(B)(1) Subject to division (B)(2) of this section, if a	17035
driver's or commercial driver's license or permit that has been	17036
suspended under section 4511.19 or 4511.191 of the Revised Code is	17037
delivered to the registrar and if the registrar destroys the	17038
license or permit under authority of division (A) of this section,	17039
the registrar shall reissue or authorize the reissuance of a	17040
driver's or commercial driver's license to the person, free of	17041
payment of any type of fee or charge, if either of the following	17042
applies:	17043

(a) The person appeals the suspension of the license or	17044
permit at or within thirty days of the person's initial	17045
appearance, pursuant to section 4511.197 of the Revised Code, the	17046
judge of the court ~~of record~~ or the ~~mayor~~magistrate of the	17047
~~mayor's~~community court who conducts the initial appearance	17048
terminates the suspension, and the judge or ~~mayor~~magistrate does	17049
not suspend the license or permit under section 4511.196 of the	17050
Revised Code;	17051

(b) The person appeals the suspension of the license or	17052
permit at or within thirty days of the person's initial	17053
appearance, pursuant to section 4511.197 of the Revised Code, the	17054
judge of the court of record or the ~~mayor~~magistrate of the	17055
~~mayor's~~community court who conducts the initial appearance does	17056
not terminate the suspension, the person appeals the judge's or	17057
mayor's decision not to terminate the suspension that is made at	17058
the initial appearance, and upon appeal of the decision, the	17059
suspension is terminated.	17060

(2) Division (B)(1) of this section applies only if the	17061
driver's or commercial driver's license that was destroyed would	17062
have been valid at the time in question, if it had not been	17063
destroyed as permitted by division (A) of this section.	17064

(C) A driver's or commercial driver's license or permit	17065
issued to a person pursuant to division (B)(1) of this section	17066
shall bear the same expiration date as the expiration date that	17067
appeared on the license it replaces.	17068

Sec. 4510.54. (A) Except as provided in division (F) of this	17069
section, a person whose driver's or commercial driver's license	17070
has been suspended for life under a class one suspension or as	17071
otherwise provided by law or has been suspended for a period in	17072
excess of fifteen years under a class two suspension may file a	17073
motion with the sentencing court for modification or termination	17074
of the suspension. The person filing the motion shall demonstrate	17075
all of the following:	17076

(1) At least fifteen years have elapsed since the suspension	17077
began.	17078

(2) For the past fifteen years, the person has not been found	17079
guilty of any felony, any offense involving a moving violation	17080
under federal law, the law of this state, or the law of any of its	17081
political subdivisions, or any violation of a suspension under	17082
this chapter or a substantially equivalent municipal ordinance or	17083
township resolution.	17084

(3) The person has proof of financial responsibility, a	17085
policy of liability insurance in effect that meets the minimum	17086
standard set forth in section 4509.51 of the Revised Code, or	17087
proof, to the satisfaction of the registrar of motor vehicles,	17088
that the person is able to respond in damages in an amount at	17089
least equal to the minimum amounts specified in that section.	17090

(4) If the suspension was imposed because the person was	17091
under the influence of alcohol, a drug of abuse, or combination of	17092
them at the time of the offense or because at the time of the	17093
offense the person's whole blood, blood serum or plasma, breath,	17094
or urine contained at least the concentration of alcohol specified	17095
in division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	17096
Revised Code or at least the concentration of a listed controlled	17097
substance or a listed metabolite of a controlled substance	17098
specified in division (A)(1)(j) of section 4511.19 of the Revised	17099
Code, the person also shall demonstrate all of the following:	17100

(a) The person successfully completed an alcohol, drug, or	17101
alcohol and drug treatment program.	17102

(b) The person has not abused alcohol or other drugs for a	17103
period satisfactory to the court.	17104

(c) For the past fifteen years, the person has not been found	17105
guilty of any alcohol-related or drug-related offense.	17106

(B) Upon receipt of a motion for modification or termination	17107
of the suspension under this section, the court may schedule a	17108
hearing on the motion. The court may deny the motion without a	17109
hearing but shall not grant the motion without a hearing. If the	17110
court denies a motion without a hearing, the court may consider a	17111
subsequent motion filed under this section by that person. If a	17112
court denies the motion after a hearing, the court shall not	17113
consider a subsequent motion for that person. The court shall hear	17114
only one motion filed by a person under this section. If	17115
scheduled, the hearing shall be conducted in open court within	17116
ninety days after the date on which the motion is filed.	17117

(C) The court shall notify the person whose license was	17118
suspended and the prosecuting attorney of the date, time, and	17119
location of the hearing. Upon receipt of the notice from the	17120
court, the prosecuting attorney shall notify the victim or the	17121
victim's representative of the date, time, and location of the	17122
hearing.	17123

(D) At any hearing under this section, the person who seeks	17124
modification or termination of the suspension has the burden to	17125
demonstrate, under oath, that the person meets the requirements of	17126
division (A) of this section. At the hearing, the court shall	17127
afford the offender or the offender's counsel an opportunity to	17128
present oral or written information relevant to the motion. The	17129
court shall afford a similar opportunity to provide relevant	17130
information to the prosecuting attorney and the victim or victim's	17131
representative.	17132

Before ruling on the motion, the court shall take into	17133
account the person's driving record, the nature of the offense	17134
that led to the suspension, and the impact of the offense on any	17135
victim. In addition, if the offender is eligible for modification	17136
or termination of the suspension under division (A)(2) of this	17137
section, the court shall consider whether the person committed any	17138
other offense while under suspension and determine whether the	17139
offense is relevant to a determination under this section. The	17140
court may modify or terminate the suspension subject to any	17141
considerations it considers proper if it finds that allowing the	17142
person to drive is not likely to present a danger to the public.	17143
After the court makes a ruling on a motion filed under this	17144
section, the prosecuting attorney shall notify the victim or the	17145
victim's representative of the court's ruling.	17146

(E) If a court modifies a person's license suspension under	17147
this section and the person subsequently is found guilty of any	17148
moving violation or of any substantially equivalent municipal	17149
ordinance or township resolution that carries as a possible	17150
penalty the suspension of a person's driver's or commercial	17151
driver's license, the court may reimpose the class one or other	17152
lifetime suspension, or the class two suspension, whichever is	17153
applicable.	17154

(F) This section does not apply to any person whose driver's	17155
or commercial driver's license or permit or nonresident operating	17156
privilege has been suspended for life under a class one suspension	17157
imposed under division (B)(3) of section 2903.06 or section	17158
2903.08 of the Revised Code or a class two suspension imposed	17159
under division (C) of section 2903.06 or section 2903.11, 2923.02,	17160
or 2929.02 of the Revised Code.	17161

Sec. 4511.01. As used in this chapter and in Chapter 4513.	17162
of the Revised Code:	17163

(A) "Vehicle" means every device, including a motorized	17164
bicycle, in, upon, or by which any person or property may be	17165
transported or drawn upon a highway, except that "vehicle" does	17166
not include any motorized wheelchair, any electric personal	17167
assistive mobility device, any device that is moved by power	17168
collected from overhead electric trolley wires or that is used	17169
exclusively upon stationary rails or tracks, or any device, other	17170
than a bicycle, that is moved by human power.	17171

(B) "Motor vehicle" means every vehicle propelled or drawn by	17172
power other than muscular power or power collected from overhead	17173
electric trolley wires, except motorized bicycles, road rollers,	17174
traction engines, power shovels, power cranes, and other equipment	17175
used in construction work and not designed for or employed in	17176
general highway transportation, hole-digging machinery,	17177
well-drilling machinery, ditch-digging machinery, farm machinery,	17178
and trailers designed and used exclusively to transport a boat	17179
between a place of storage and a marina, or in and around a	17180
marina, when drawn or towed on a street or highway for a distance	17181
of no more than ten miles and at a speed of twenty-five miles per	17182
hour or less.	17183

(C) "Motorcycle" means every motor vehicle, other than a	17184
tractor, having a saddle for the use of the operator and designed	17185
to travel on not more than three wheels in contact with the	17186
ground, including, but not limited to, motor vehicles known as	17187
"motor-driven cycle," "motor scooter," or "motorcycle" without	17188
regard to weight or brake horsepower.	17189

(D) "Emergency vehicle" means emergency vehicles of	17190
municipal, township, or county departments or public utility	17191
corporations when identified as such as required by law, the	17192
director of public safety, or local authorities, and motor	17193
vehicles when commandeered by a police officer.	17194

(E) "Public safety vehicle" means any of the following:

17195

(1) Ambulances, including private ambulance companies under	17196
contract to a municipal corporation, township, or county, and	17197
private ambulances and nontransport vehicles bearing license	17198
plates issued under section 4503.49 of the Revised Code;	17199

(2) Motor vehicles used by public law enforcement officers or	17200
other persons sworn to enforce the criminal and traffic laws of	17201
the state;	17202

(3) Any motor vehicle when properly identified as required by	17203
the director of public safety, when used in response to fire	17204
emergency calls or to provide emergency medical service to ill or	17205
injured persons, and when operated by a duly qualified person who	17206
is a member of a volunteer rescue service or a volunteer fire	17207
department, and who is on duty pursuant to the rules or directives	17208
of that service. The state fire marshal shall be designated by the	17209
director of public safety as the certifying agency for all public	17210
safety vehicles described in division (E)(3) of this section.	17211

(4) Vehicles used by fire departments, including motor	17212
vehicles when used by volunteer fire fighters responding to	17213
emergency calls in the fire department service when identified as	17214
required by the director of public safety.	17215

Any vehicle used to transport or provide emergency medical	17216
service to an ill or injured person, when certified as a public	17217
safety vehicle, shall be considered a public safety vehicle when	17218
transporting an ill or injured person to a hospital regardless of	17219
whether such vehicle has already passed a hospital.	17220

(5) Vehicles used by the motor carrier enforcement unit for	17221
the enforcement of orders and rules of the public utilities	17222
commission as specified in section 5503.34 of the Revised Code.	17223

(F) "School bus" means every bus designed for carrying more	17224
than nine passengers that is owned by a public, private, or	17225
governmental agency or institution of learning and operated for	17226
the transportation of children to or from a school session or a	17227
school function, or owned by a private person and operated for	17228
compensation for the transportation of children to or from a	17229
school session or a school function, provided "school bus" does	17230
not include a bus operated by a municipally owned transportation	17231
system, a mass transit company operating exclusively within the	17232
territorial limits of a municipal corporation, or within such	17233
limits and the territorial limits of municipal corporations	17234
immediately contiguous to such municipal corporation, nor a common	17235
passenger carrier certified by the public utilities commission	17236
unless such bus is devoted exclusively to the transportation of	17237
children to and from a school session or a school function, and	17238
"school bus" does not include a van or bus used by a licensed	17239
child day-care center or type A family day-care home to transport	17240
children from the child day-care center or type A family day-care	17241
home to a school if the van or bus does not have more than fifteen	17242
children in the van or bus at any time.	17243

(G) "Bicycle" means every device, other than a tricycle	17244
designed solely for use as a play vehicle by a child, propelled	17245
solely by human power upon which any person may ride having either	17246
two tandem wheels, or one wheel in the front and two wheels in the	17247
rear, any of which is more than fourteen inches in diameter.	17248

(H) "Motorized bicycle" means any vehicle having either two	17249
tandem wheels or one wheel in the front and two wheels in the	17250
rear, that is capable of being pedaled and is equipped with a	17251
helper motor of not more than fifty cubic centimeters piston	17252
displacement that produces no more than one brake horsepower and	17253
is capable of propelling the vehicle at a speed of no greater than	17254
twenty miles per hour on a level surface.	17255

(I) "Commercial tractor" means every motor vehicle having	17256
motive power designed or used for drawing other vehicles and not	17257
so constructed as to carry any load thereon, or designed or used	17258
for drawing other vehicles while carrying a portion of such other	17259
vehicles, or load thereon, or both.	17260

(J) "Agricultural tractor" means every self-propelling	17261
vehicle designed or used for drawing other vehicles or wheeled	17262
machinery but having no provision for carrying loads independently	17263
of such other vehicles, and used principally for agricultural	17264
purposes.	17265

(K) "Truck" means every motor vehicle, except trailers and	17266
semitrailers, designed and used to carry property.	17267

(L) "Bus" means every motor vehicle designed for carrying	17268
more than nine passengers and used for the transportation of	17269
persons other than in a ridesharing arrangement, and every motor	17270
vehicle, automobile for hire, or funeral car, other than a taxicab	17271
or motor vehicle used in a ridesharing arrangement, designed and	17272
used for the transportation of persons for compensation.	17273

(M) "Trailer" means every vehicle designed or used for	17274
carrying persons or property wholly on its own structure and for	17275
being drawn by a motor vehicle, including any such vehicle when	17276
formed by or operated as a combination of a "semitrailer" and a	17277
vehicle of the dolly type, such as that commonly known as a	17278
"trailer dolly," a vehicle used to transport agricultural produce	17279
or agricultural production materials between a local place of	17280
storage or supply and the farm when drawn or towed on a street or	17281
highway at a speed greater than twenty-five miles per hour, and a	17282
vehicle designed and used exclusively to transport a boat between	17283
a place of storage and a marina, or in and around a marina, when	17284
drawn or towed on a street or highway for a distance of more than	17285
ten miles or at a speed of more than twenty-five miles per hour.	17286

(N) "Semitrailer" means every vehicle designed or used for	17287
carrying persons or property with another and separate motor	17288
vehicle so that in operation a part of its own weight or that of	17289
its load, or both, rests upon and is carried by another vehicle.	17290

(O) "Pole trailer" means every trailer or semitrailer	17291
attached to the towing vehicle by means of a reach, pole, or by	17292
being boomed or otherwise secured to the towing vehicle, and	17293
ordinarily used for transporting long or irregular shaped loads	17294
such as poles, pipes, or structural members capable, generally, of	17295
sustaining themselves as beams between the supporting connections.	17296

(P) "Railroad" means a carrier of persons or property	17297
operating upon rails placed principally on a private right-of-way.	17298

(Q) "Railroad train" means a steam engine or an electric or	17299
other motor, with or without cars coupled thereto, operated by a	17300
railroad.	17301

(R) "Streetcar" means a car, other than a railroad train, for	17302
transporting persons or property, operated upon rails principally	17303
within a street or highway.	17304

(S) "Trackless trolley" means every car that collects its	17305
power from overhead electric trolley wires and that is not	17306
operated upon rails or tracks.	17307

(T) "Explosives" means any chemical compound or mechanical	17308
mixture that is intended for the purpose of producing an explosion	17309
that contains any oxidizing and combustible units or other	17310
ingredients in such proportions, quantities, or packing that an	17311
ignition by fire, by friction, by concussion, by percussion, or by	17312
a detonator of any part of the compound or mixture may cause such	17313
a sudden generation of highly heated gases that the resultant	17314
gaseous pressures are capable of producing destructive effects on	17315
contiguous objects, or of destroying life or limb. Manufactured	17316
articles shall not be held to be explosives when the individual	17317
units contain explosives in such limited quantities, of such	17318
nature, or in such packing, that it is impossible to procure a	17319
simultaneous or a destructive explosion of such units, to the	17320
injury of life, limb, or property by fire, by friction, by	17321
concussion, by percussion, or by a detonator, such as fixed	17322
ammunition for small arms, firecrackers, or safety fuse matches.	17323

(U) "Flammable liquid" means any liquid that has a flash	17324
point of seventy degrees fahrenheit, or less, as determined by a	17325
tagliabue or equivalent closed cup test device.	17326

(V) "Gross weight" means the weight of a vehicle plus the	17327
weight of any load thereon.	17328

(W) "Person" means every natural person, firm,	17329
co-partnership, association, or corporation.	17330

(X) "Pedestrian" means any natural person afoot.

17331

(Y) "Driver or operator" means every person who drives or is	17332
in actual physical control of a vehicle, trackless trolley, or	17333
streetcar.	17334

(Z) "Police officer" means every officer authorized to direct	17335
or regulate traffic, or to make arrests for violations of traffic	17336
regulations.	17337

(AA) "Local authorities" means every county, municipal, and	17338
other local board or body having authority to adopt police	17339
regulations under the constitution and laws of this state.	17340

(BB) "Street" or "highway" means the entire width between the	17341
boundary lines of every way open to the use of the public as a	17342
thoroughfare for purposes of vehicular travel.	17343

(CC) "Controlled-access highway" means every street or	17344
highway in respect to which owners or occupants of abutting lands	17345
and other persons have no legal right of access to or from the	17346
same except at such points only and in such manner as may be	17347
determined by the public authority having jurisdiction over such	17348
street or highway.	17349

(DD) "Private road or driveway" means every way or place in	17350
private ownership used for vehicular travel by the owner and those	17351
having express or implied permission from the owner but not by	17352
other persons.	17353

(EE) "Roadway" means that portion of a highway improved,	17354
designed, or ordinarily used for vehicular travel, except the berm	17355
or shoulder. If a highway includes two or more separate roadways	17356
the term "roadway" means any such roadway separately but not all	17357
such roadways collectively.	17358

(FF) "Sidewalk" means that portion of a street between the	17359
curb lines, or the lateral lines of a roadway, and the adjacent	17360
property lines, intended for the use of pedestrians.	17361

(GG) "Laned highway" means a highway the roadway of which is	17362
divided into two or more clearly marked lanes for vehicular	17363
traffic.	17364

(HH) "Through highway" means every street or highway as	17365
provided in section 4511.65 of the Revised Code.	17366

(II) "State highway" means a highway under the jurisdiction	17367
of the department of transportation, outside the limits of	17368
municipal corporations, provided that the authority conferred upon	17369
the director of transportation in section 5511.01 of the Revised	17370
Code to erect state highway route markers and signs directing	17371
traffic shall not be modified by sections 4511.01 to 4511.79 and	17372
4511.99 of the Revised Code.	17373

(JJ) "State route" means every highway that is designated	17374
with an official state route number and so marked.	17375

(KK) "Intersection" means:

17376

(1) The area embraced within the prolongation or connection	17377
of the lateral curb lines, or, if none, then the lateral boundary	17378
lines of the roadways of two highways which join one another at,	17379
or approximately at, right angles, or the area within which	17380
vehicles traveling upon different highways joining at any other	17381
angle may come in conflict.	17382

(2) Where a highway includes two roadways thirty feet or more	17383
apart, then every crossing of each roadway of such divided highway	17384
by an intersecting highway shall be regarded as a separate	17385
intersection. If an intersecting highway also includes two	17386
roadways thirty feet or more apart, then every crossing of two	17387
roadways of such highways shall be regarded as a separate	17388
intersection.	17389

(3) The junction of an alley with a street or highway, or	17390
with another alley, shall not constitute an intersection.	17391

(LL) "Crosswalk" means:

17392

(1) That part of a roadway at intersections ordinarily	17393
included within the real or projected prolongation of property	17394
lines and curb lines or, in the absence of curbs, the edges of the	17395
traversable roadway;	17396

(2) Any portion of a roadway at an intersection or elsewhere,	17397
distinctly indicated for pedestrian crossing by lines or other	17398
markings on the surface;	17399

(3) Notwithstanding divisions (LL)(1) and (2) of this	17400
section, there shall not be a crosswalk where local authorities	17401
have placed signs indicating no crossing.	17402

(MM) "Safety zone" means the area or space officially set	17403
apart within a roadway for the exclusive use of pedestrians and	17404
protected or marked or indicated by adequate signs as to be	17405
plainly visible at all times.	17406

(NN) "Business district" means the territory fronting upon a	17407
street or highway, including the street or highway, between	17408
successive intersections within municipal corporations where fifty	17409
per cent or more of the frontage between such successive	17410
intersections is occupied by buildings in use for business, or	17411
within or outside municipal corporations where fifty per cent or	17412
more of the frontage for a distance of three hundred feet or more	17413
is occupied by buildings in use for business, and the character of	17414
such territory is indicated by official traffic control devices.	17415

(OO) "Residence district" means the territory, not comprising	17416
a business district, fronting on a street or highway, including	17417
the street or highway, where, for a distance of three hundred feet	17418
or more, the frontage is improved with residences or residences	17419
and buildings in use for business.	17420

(PP) "Urban district" means the territory contiguous to and	17421
including any street or highway which is built up with structures	17422
devoted to business, industry, or dwelling houses situated at	17423
intervals of less than one hundred feet for a distance of a	17424
quarter of a mile or more, and the character of such territory is	17425
indicated by official traffic control devices.	17426

(QQ) "Traffic control devices" means all flaggers, signs,	17427
signals, markings, and devices placed or erected by authority of a	17428
public body or official having jurisdiction, for the purpose of	17429
regulating, warning, or guiding traffic, including signs denoting	17430
names of streets and highways.	17431

(RR) "Traffic control signal" means any device, whether	17432
manually, electrically, or mechanically operated, by which traffic	17433
is alternately directed to stop, to proceed, to change direction,	17434
or not to change direction.	17435

(SS) "Railroad sign or signal" means any sign, signal, or	17436
device erected by authority of a public body or official or by a	17437
railroad and intended to give notice of the presence of railroad	17438
tracks or the approach of a railroad train.	17439

(TT) "Traffic" means pedestrians, ridden or herded animals,	17440
vehicles, streetcars, trackless trolleys, and other devices,	17441
either singly or together, while using any highway for purposes of	17442
travel.	17443

(UU) "Right-of-way" means either of the following, as the	17444
context requires:	17445

(1) The right of a vehicle, streetcar, trackless trolley, or	17446
pedestrian to proceed uninterruptedly in a lawful manner in the	17447
direction in which it or the individual is moving in preference to	17448
another vehicle, streetcar, trackless trolley, or pedestrian	17449
approaching from a different direction into its or the	17450
individual's path;	17451

(2) A general term denoting land, property, or the interest	17452
therein, usually in the configuration of a strip, acquired for or	17453
devoted to transportation purposes. When used in this context,	17454
right-of-way includes the roadway, shoulders or berm, ditch, and	17455
slopes extending to the right-of-way limits under the control of	17456
the state or local authority.	17457

(VV) "Rural mail delivery vehicle" means every vehicle used	17458
to deliver United States mail on a rural mail delivery route.	17459

(WW) "Funeral escort vehicle" means any motor vehicle,	17460
including a funeral hearse, while used to facilitate the movement	17461
of a funeral procession.	17462

(XX) "Alley" means a street or highway intended to provide	17463
access to the rear or side of lots or buildings in urban districts	17464
and not intended for the purpose of through vehicular traffic, and	17465
includes any street or highway that has been declared an "alley"	17466
by the legislative authority of the municipal corporation in which	17467
such street or highway is located.	17468

(YY) "Freeway" means a divided multi-lane highway for through	17469
traffic with all crossroads separated in grade and with full	17470
control of access.	17471

(ZZ) "Expressway" means a divided arterial highway for	17472
through traffic with full or partial control of access with an	17473
excess of fifty per cent of all crossroads separated in grade.	17474

(AAA) "Thruway" means a through highway whose entire roadway	17475
is reserved for through traffic and on which roadway parking is	17476
prohibited.	17477

(BBB) "Stop intersection" means any intersection at one or	17478
more entrances of which stop signs are erected.	17479

(CCC) "Arterial street" means any United States or state	17480
numbered route, controlled access highway, or other major radial	17481
or circumferential street or highway designated by local	17482
authorities within their respective jurisdictions as part of a	17483
major arterial system of streets or highways.	17484

(DDD) "Ridesharing arrangement" means the transportation of	17485
persons in a motor vehicle where such transportation is incidental	17486
to another purpose of a volunteer driver and includes ridesharing	17487
arrangements known as carpools, vanpools, and buspools.	17488

(EEE) "Motorized wheelchair" means any self-propelled vehicle	17489
designed for, and used by, a handicapped person and that is	17490
incapable of a speed in excess of eight miles per hour.	17491

(FFF) "Child day-care center" and "type A family day-care	17492
home" have the same meanings as in section 5104.01 of the Revised	17493
Code.	17494

(GGG) "Multi-wheel agricultural tractor" means a type of	17495
agricultural tractor that has two or more wheels or tires on each	17496
side of one axle at the rear of the tractor, is designed or used	17497
for drawing other vehicles or wheeled machinery, has no provision	17498
for carrying loads independently of the drawn vehicles or	17499
machinery, and is used principally for agricultural purposes.	17500

(HHH) "Operate" means to cause or have caused movement of a	17501
vehicle, streetcar, or trackless trolley.	17502

(III) "Predicate motor vehicle or traffic offense" means any	17503
of the following:	17504

(1) A violation of section 4511.03, 4511.051, 4511.12,	17505
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	17506
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	17507
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	17508
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	17509
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	17510
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	17511
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	17512
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	17513
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	17514
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	17515

(2) A violation of division (A)(2) of section 4511.17,	17516
divisions (A) to (D) of section 4511.51, or division (A) of	17517
section 4511.74 of the Revised Code;	17518

(3) A violation of any provision of sections 4511.01 to	17519
4511.76 of the Revised Code for which no penalty otherwise is	17520
provided in the section that contains the provision violated;	17521

(4) A violation of a municipal ordinance or township	17522
resolution that is substantially similar to any section or	17523
provision set forth or described in division (III)(1), (2), or (3)	17524
of this section.	17525

Sec. 4511.181. As used in sections 4511.181 to 4511.197 of	17526
the Revised Code:	17527

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

17528

(1) A violation of division (A) or (B) of section 4511.19 of	17529
the Revised Code;	17530

(2) A violation of a municipal OVI ordinance or township OVI	17531
resolution;	17532

(3) A violation of section 2903.04 of the Revised Code in a	17533
case in which the offender was subject to the sanctions described	17534
in division (D) of that section;	17535

(4) A violation of division (A)(1) of section 2903.06 or	17536
2903.08 of the Revised Code or a municipal ordinance or township	17537
resolution that is substantially equivalent to either of those	17538
divisions;	17539

(5) A violation of division (A)(2), (3), or (4) of section	17540
2903.06, division (A)(2) of section 2903.08, or former section	17541
2903.07 of the Revised Code, or a municipal ordinance or township	17542
resolution that is substantially equivalent to any of those	17543
divisions or that former section, in a case in which a judge or	17544
jury as the trier of fact found that the offender was under the	17545
influence of alcohol, a drug of abuse, or a combination of them;	17546

(6) A violation of an existing or former municipal ordinance	17547
or township resolution, law of another state, or law of the United	17548
States that is substantially equivalent to division (A) or (B) of	17549
section 4511.19 of the Revised Code;	17550

(7) A violation of a former law of this state that was	17551
substantially equivalent to division (A) or (B) of section 4511.19	17552
of the Revised Code.	17553

(B) "Mandatory jail term" means the mandatory term in jail of	17554
three, six, ten, twenty, thirty, or sixty days that must be	17555
imposed under division (G)(1)(a), (b), or (c) of section 4511.19	17556
of the Revised Code upon an offender convicted of a violation of	17557
division (A) of that section and in relation to which all of the	17558
following apply:	17559

(1) Except as specifically authorized under section 4511.19	17560
of the Revised Code, the term must be served in a jail.	17561

(2) Except as specifically authorized under section 4511.19	17562
of the Revised Code, the term cannot be suspended, reduced, or	17563
otherwise modified pursuant to sections 2929.21 to 2929.28 or any	17564
other provision of the Revised Code.	17565

(C) "Municipal OVI ordinance" and "municipal OVI offense"	17566
mean any municipal ordinance prohibiting a person from operating a	17567
vehicle while under the influence of alcohol, a drug of abuse, or	17568
a combination of them or prohibiting a person from operating a	17569
vehicle with a prohibited concentration of alcohol, a controlled	17570
substance, or a metabolite of a controlled substance in the whole	17571
blood, blood serum or plasma, breath, or urine.	17572

(D) "Township OVI resolution" and "township OVI offense" mean	17573
any township resolution prohibiting a person from operating a	17574
vehicle while under the influence of alcohol, a drug of abuse, or	17575
a combination of them or prohibiting a person from operating a	17576
vehicle with a prohibited concentration of alcohol, a controlled	17577
substance, or a metabolite of a controlled substance in the whole	17578
blood, blood serum or plasma, breath, or urine.	17579

(E) "Community residential sanction," "jail," "mandatory	17580
prison term," "mandatory term of local incarceration," "sanction,"	17581
and "prison term" have the same meanings as in section 2929.01 of	17582
the Revised Code.	17583

~~(E)~~(F) "Drug of abuse" has the same meaning as in section	17584
4506.01 of the Revised Code.	17585

Sec. 4511.19. (A)(1) No person shall operate any vehicle,	17586
streetcar, or trackless trolley within this state, if, at the time	17587
of the operation, any of the following apply:	17588

(a) The person is under the influence of alcohol, a drug of	17589
abuse, or a combination of them.	17590

(b) The person has a concentration of eight-hundredths of one	17591
per cent or more but less than seventeen-hundredths of one per	17592
cent by weight per unit volume of alcohol in the person's whole	17593
blood.	17594

(c) The person has a concentration of ninety-six-thousandths	17595
of one per cent or more but less than two hundred four-thousandths	17596
of one per cent by weight per unit volume of alcohol in the	17597
person's blood serum or plasma.	17598

(d) The person has a concentration of eight-hundredths of one	17599
gram or more but less than seventeen-hundredths of one gram by	17600
weight of alcohol per two hundred ten liters of the person's	17601
breath.	17602

(e) The person has a concentration of eleven-hundredths of	17603
one gram or more but less than two hundred	17604
thirty-eight-thousandths of one gram by weight of alcohol per one	17605
hundred milliliters of the person's urine.	17606

(f) The person has a concentration of seventeen-hundredths of	17607
one per cent or more by weight per unit volume of alcohol in the	17608
person's whole blood.	17609

(g) The person has a concentration of two hundred	17610
four-thousandths of one per cent or more by weight per unit volume	17611
of alcohol in the person's blood serum or plasma.	17612

(h) The person has a concentration of seventeen-hundredths of	17613
one gram or more by weight of alcohol per two hundred ten liters	17614
of the person's breath.	17615

(i) The person has a concentration of two hundred	17616
thirty-eight-thousandths of one gram or more by weight of alcohol	17617
per one hundred milliliters of the person's urine.	17618

(j) Except as provided in division (K) of this section, the	17619
person has a concentration of any of the following controlled	17620
substances or metabolites of a controlled substance in the	17621
person's whole blood, blood serum or plasma, or urine that equals	17622
or exceeds any of the following:	17623

(i) The person has a concentration of amphetamine in the	17624
person's urine of at least five hundred nanograms of amphetamine	17625
per milliliter of the person's urine or has a concentration of	17626
amphetamine in the person's whole blood or blood serum or plasma	17627
of at least one hundred nanograms of amphetamine per milliliter of	17628
the person's whole blood or blood serum or plasma.	17629

(ii) The person has a concentration of cocaine in the	17630
person's urine of at least one hundred fifty nanograms of cocaine	17631
per milliliter of the person's urine or has a concentration of	17632
cocaine in the person's whole blood or blood serum or plasma of at	17633
least fifty nanograms of cocaine per milliliter of the person's	17634
whole blood or blood serum or plasma.	17635

(iii) The person has a concentration of cocaine metabolite in	17636
the person's urine of at least one hundred fifty nanograms of	17637
cocaine metabolite per milliliter of the person's urine or has a	17638
concentration of cocaine metabolite in the person's whole blood or	17639
blood serum or plasma of at least fifty nanograms of cocaine	17640
metabolite per milliliter of the person's whole blood or blood	17641
serum or plasma.	17642

(iv) The person has a concentration of heroin in the person's	17643
urine of at least two thousand nanograms of heroin per milliliter	17644
of the person's urine or has a concentration of heroin in the	17645
person's whole blood or blood serum or plasma of at least fifty	17646
nanograms of heroin per milliliter of the person's whole blood or	17647
blood serum or plasma.	17648

(v) The person has a concentration of heroin metabolite	17649
(6-monoacetyl morphine) in the person's urine of at least ten	17650
nanograms of heroin metabolite (6-monoacetyl morphine) per	17651
milliliter of the person's urine or has a concentration of heroin	17652
metabolite (6-monoacetyl morphine) in the person's whole blood or	17653
blood serum or plasma of at least ten nanograms of heroin	17654
metabolite (6-monoacetyl morphine) per milliliter of the person's	17655
whole blood or blood serum or plasma.	17656

(vi) The person has a concentration of L.S.D. in the person's	17657
urine of at least twenty-five nanograms of L.S.D. per milliliter	17658
of the person's urine or a concentration of L.S.D. in the person's	17659
whole blood or blood serum or plasma of at least ten nanograms of	17660
L.S.D. per milliliter of the person's whole blood or blood serum	17661
or plasma.	17662

(vii) The person has a concentration of marihuana in the	17663
person's urine of at least ten nanograms of marihuana per	17664
milliliter of the person's urine or has a concentration of	17665
marihuana in the person's whole blood or blood serum or plasma of	17666
at least two nanograms of marihuana per milliliter of the person's	17667
whole blood or blood serum or plasma.	17668

(viii) Either of the following applies:

17669

(I) The person is under the influence of alcohol, a drug of	17670
abuse, or a combination of them, and, as measured by gas	17671
chromatography mass spectrometry, the person has a concentration	17672
of marihuana metabolite in the person's urine of at least fifteen	17673
nanograms of marihuana metabolite per milliliter of the person's	17674
urine or has a concentration of marihuana metabolite in the	17675
person's whole blood or blood serum or plasma of at least five	17676
nanograms of marihuana metabolite per milliliter of the person's	17677
whole blood or blood serum or plasma.	17678

(II) As measured by gas chromatography mass spectrometry, the	17679
person has a concentration of marihuana metabolite in the person's	17680
urine of at least thirty-five nanograms of marihuana metabolite	17681
per milliliter of the person's urine or has a concentration of	17682
marihuana metabolite in the person's whole blood or blood serum or	17683
plasma of at least fifty nanograms of marihuana metabolite per	17684
milliliter of the person's whole blood or blood serum or plasma.	17685

(ix) The person has a concentration of methamphetamine in the	17686
person's urine of at least five hundred nanograms of	17687
methamphetamine per milliliter of the person's urine or has a	17688
concentration of methamphetamine in the person's whole blood or	17689
blood serum or plasma of at least one hundred nanograms of	17690
methamphetamine per milliliter of the person's whole blood or	17691
blood serum or plasma.	17692

(x) The person has a concentration of phencyclidine in the	17693
person's urine of at least twenty-five nanograms of phencyclidine	17694
per milliliter of the person's urine or has a concentration of	17695
phencyclidine in the person's whole blood or blood serum or plasma	17696
of at least ten nanograms of phencyclidine per milliliter of the	17697
person's whole blood or blood serum or plasma.	17698

(2) No person who, within twenty years of the conduct	17699
described in division (A)(2)(a) of this section, previously has	17700
been convicted of or pleaded guilty to a violation of this	17701
division, division (A)(1) or (B) of this section, or a municipal	17702
OVI offense shall do both of the following:	17703

(a) Operate any vehicle, streetcar, or trackless trolley	17704
within this state while under the influence of alcohol, a drug of	17705
abuse, or a combination of them;	17706

(b) Subsequent to being arrested for operating the vehicle,	17707
streetcar, or trackless trolley as described in division (A)(2)(a)	17708
of this section, being asked by a law enforcement officer to	17709
submit to a chemical test or tests under section 4511.191 of the	17710
Revised Code, and being advised by the officer in accordance with	17711
section 4511.192 of the Revised Code of the consequences of the	17712
person's refusal or submission to the test or tests, refuse to	17713
submit to the test or tests.	17714

(B) No person under twenty-one years of age shall operate any	17715
vehicle, streetcar, or trackless trolley within this state, if, at	17716
the time of the operation, any of the following apply:	17717

(1) The person has a concentration of at least two-hundredths	17718
of one per cent but less than eight-hundredths of one per cent by	17719
weight per unit volume of alcohol in the person's whole blood.	17720

(2) The person has a concentration of at least	17721
three-hundredths of one per cent but less than	17722
ninety-six-thousandths of one per cent by weight per unit volume	17723
of alcohol in the person's blood serum or plasma.	17724

(3) The person has a concentration of at least two-hundredths	17725
of one gram but less than eight-hundredths of one gram by weight	17726
of alcohol per two hundred ten liters of the person's breath.	17727

(4) The person has a concentration of at least twenty-eight	17728
one-thousandths of one gram but less than eleven-hundredths of one	17729
gram by weight of alcohol per one hundred milliliters of the	17730
person's urine.	17731

(C) In any proceeding arising out of one incident, a person	17732
may be charged with a violation of division (A)(1)(a) or (A)(2)	17733
and a violation of division (B)(1), (2), or (3) of this section,	17734
but the person may not be convicted of more than one violation of	17735
these divisions.	17736

(D)(1)(a) In any criminal prosecution or juvenile court	17737
proceeding for a violation of division (A)(1)(a) of this section	17738
or for an equivalent offense, the result of any test of any blood	17739
or urine withdrawn and analyzed at any health care provider, as	17740
defined in section 2317.02 of the Revised Code, may be admitted	17741
with expert testimony to be considered with any other relevant and	17742
competent evidence in determining the guilt or innocence of the	17743
defendant.	17744

(b) In any criminal prosecution or juvenile court proceeding	17745
for a violation of division (A) or (B) of this section or for an	17746
equivalent offense, the court may admit evidence on the	17747
concentration of alcohol, drugs of abuse, controlled substances,	17748
metabolites of a controlled substance, or a combination of them in	17749
the defendant's whole blood, blood serum or plasma, breath, urine,	17750
or other bodily substance at the time of the alleged violation as	17751
shown by chemical analysis of the substance withdrawn within	17752
three hours of the time of the alleged violation. The three-hour	17753
time limit specified in this division regarding the admission of	17754
evidence does not extend or affect the two-hour time limit	17755
specified in division (A) of section 4511.192 of the Revised Code	17756
as the maximum period of time during which a person may consent to	17757
a chemical test or tests as described in that section. The court	17758
may admit evidence on the concentration of alcohol, drugs of	17759
abuse, or a combination of them as described in this division when	17760
a person submits to a blood, breath, urine, or other bodily	17761
substance test at the request of a law enforcement officer under	17762
section 4511.191 of the Revised Code or a blood or urine sample is	17763
obtained pursuant to a search warrant. Only a physician, a	17764
registered nurse, or a qualified technician, chemist, or	17765
phlebotomist shall withdraw a blood sample for the purpose of	17766
determining the alcohol, drug, controlled substance, metabolite of	17767
a controlled substance, or combination content of the whole	17768
blood, blood serum, or blood plasma. This limitation does not	17769
apply to the taking of breath or urine specimens. A person	17770
authorized to withdraw blood under this division may refuse to	17771
withdraw blood under this division, if in that person's opinion,	17772
the physical welfare of the person would be endangered by the	17773
withdrawing of blood.	17774

The bodily substance withdrawn under division (D)(1)(b) of	17775
this section shall be analyzed in accordance with methods approved	17776
by the director of health by an individual possessing a valid	17777
permit issued by the director pursuant to section 3701.143 of the	17778
Revised Code.	17779

(2) In a criminal prosecution or juvenile court proceeding	17780
for a violation of division (A) of this section or for an	17781
equivalent offense, if there was at the time the bodily substance	17782
was withdrawn a concentration of less than the applicable	17783
concentration of alcohol specified in divisions (A)(1)(b), (c),	17784
(d), and (e) of this section or less than the applicable	17785
concentration of a listed controlled substance or a listed	17786
metabolite of a controlled substance specified for a violation of	17787
division (A)(1)(j) of this section, that fact may be considered	17788
with other competent evidence in determining the guilt or	17789
innocence of the defendant. This division does not limit or affect	17790
a criminal prosecution or juvenile court proceeding for a	17791
violation of division (B) of this section or for an equivalent	17792
offense that is substantially equivalent to that division.	17793

(3) Upon the request of the person who was tested, the	17794
results of the chemical test shall be made available to the person	17795
or the person's attorney, immediately upon the completion of the	17796
chemical test analysis.	17797

If the chemical test was obtained pursuant to division	17798
(D)(1)(b) of this section, the person tested may have a physician,	17799
a registered nurse, or a qualified technician, chemist, or	17800
phlebotomist of the person's own choosing administer a chemical	17801
test or tests, at the person's expense, in addition to any	17802
administered at the request of a law enforcement officer. The form	17803
to be read to the person to be tested, as required under section	17804
4511.192 of the Revised Code, shall state that the person may have	17805
an independent test performed at the person's expense. The failure	17806
or inability to obtain an additional chemical test by a person	17807
shall not preclude the admission of evidence relating to the	17808
chemical test or tests taken at the request of a law enforcement	17809
officer.	17810

(4)(a) As used in divisions (D)(4)(b) and (c) of this	17811
section, "national highway traffic safety administration" means	17812
the national highway traffic safety administration established as	17813
an administration of the United States department of	17814
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	17815

(b) In any criminal prosecution or juvenile court proceeding	17816
for a violation of division (A) or (B) of this section, of a	17817
municipal ordinance or township resolution relating to operating a	17818
vehicle while under the influence of alcohol, a drug of abuse, or	17819
alcohol and a drug of abuse, or of a municipal ordinance or	17820
township resolution relating to operating a vehicle with a	17821
prohibited concentration of alcohol, a controlled substance, or a	17822
metabolite of a controlled substance in the blood, breath, or	17823
urine, if a law enforcement officer has administered a field	17824
sobriety test to the operator of the vehicle involved in the	17825
violation and if it is shown by clear and convincing evidence that	17826
the officer administered the test in substantial compliance with	17827
the testing standards for any reliable, credible, and generally	17828
accepted field sobriety tests that were in effect at the time the	17829
tests were administered, including, but not limited to, any	17830
testing standards then in effect that were set by the national	17831
highway traffic safety administration, all of the following apply:	17832

(i) The officer may testify concerning the results of the	17833
field sobriety test so administered.	17834

(ii) The prosecution may introduce the results of the field	17835
sobriety test so administered as evidence in any proceedings in	17836
the criminal prosecution or juvenile court proceeding.	17837

(iii) If testimony is presented or evidence is introduced	17838
under division (D)(4)(b)(i) or (ii) of this section and if the	17839
testimony or evidence is admissible under the Rules of Evidence,	17840
the court shall admit the testimony or evidence and the trier of	17841
fact shall give it whatever weight the trier of fact considers to	17842
be appropriate.	17843

(c) Division (D)(4)(b) of this section does not limit or	17844
preclude a court, in its determination of whether the arrest of a	17845
person was supported by probable cause or its determination of any	17846
other matter in a criminal prosecution or juvenile court	17847
proceeding of a type described in that division, from considering	17848
evidence or testimony that is not otherwise disallowed by division	17849
(D)(4)(b) of this section.	17850

(E)(1) Subject to division (E)(3) of this section, in any	17851
criminal prosecution or juvenile court proceeding for a violation	17852
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)	17853
or (B)(1), (2), (3), or (4) of this section or for an equivalent	17854
offense that is substantially equivalent to any of those	17855
divisions, a laboratory report from any laboratory personnel	17856
issued a permit by the department of health authorizing an	17857
analysis as described in this division that contains an analysis	17858
of the whole blood, blood serum or plasma, breath, urine, or other	17859
bodily substance tested and that contains all of the information	17860
specified in this division shall be admitted as prima-facie	17861
evidence of the information and statements that the report	17862
contains. The laboratory report shall contain all of the	17863
following:	17864

(a) The signature, under oath, of any person who performed	17865
the analysis;	17866

(b) Any findings as to the identity and quantity of alcohol,	17867
a drug of abuse, a controlled substance, a metabolite of a	17868
controlled substance, or a combination of them that was found;	17869

(c) A copy of a notarized statement by the laboratory	17870
director or a designee of the director that contains the name of	17871
each certified analyst or test performer involved with the report,	17872
the analyst's or test performer's employment relationship with the	17873
laboratory that issued the report, and a notation that performing	17874
an analysis of the type involved is part of the analyst's or test	17875
performer's regular duties;	17876

(d) An outline of the analyst's or test performer's	17877
education, training, and experience in performing the type of	17878
analysis involved and a certification that the laboratory	17879
satisfies appropriate quality control standards in general and, in	17880
this particular analysis, under rules of the department of health.	17881

(2) Notwithstanding any other provision of law regarding the	17882
admission of evidence, a report of the type described in division	17883
(E)(1) of this section is not admissible against the defendant to	17884
whom it pertains in any proceeding, other than a preliminary	17885
hearing or a grand jury proceeding, unless the prosecutor has	17886
served a copy of the report on the defendant's attorney or, if the	17887
defendant has no attorney, on the defendant.	17888

(3) A report of the type described in division (E)(1) of this	17889
section shall not be prima-facie evidence of the contents,	17890
identity, or amount of any substance if, within seven days after	17891
the defendant to whom the report pertains or the defendant's	17892
attorney receives a copy of the report, the defendant or the	17893
defendant's attorney demands the testimony of the person who	17894
signed the report. The judge in the case may extend the seven-day	17895
time limit in the interest of justice.	17896

(F) Except as otherwise provided in this division, any	17897
physician, registered nurse, or qualified technician, chemist, or	17898
phlebotomist who withdraws blood from a person pursuant to this	17899
section, and any hospital, first-aid station, or clinic at which	17900
blood is withdrawn from a person pursuant to this section, is	17901
immune from criminal liability and civil liability based upon a	17902
claim of assault and battery or any other claim that is not a	17903
claim of malpractice, for any act performed in withdrawing blood	17904
from the person. The immunity provided in this division is not	17905
available to a person who withdraws blood if the person engages in	17906
willful or wanton misconduct.	17907

(G)(1) Whoever violates any provision of divisions (A)(1)(a)	17908
to (i) or (A)(2) of this section is guilty of operating a vehicle	17909
under the influence of alcohol, a drug of abuse, or a combination	17910
of them. Whoever violates division (A)(1)(j) of this section is	17911
guilty of operating a vehicle while under the influence of a	17912
listed controlled substance or a listed metabolite of a controlled	17913
substance. The court shall sentence the offender for either	17914
offense under Chapter 2929. of the Revised Code, except as	17915
otherwise authorized or required by divisions (G)(1)(a) to (e) of	17916
this section:	17917

(a) Except as otherwise provided in division (G)(1)(b), (c),	17918
(d), or (e) of this section, the offender is guilty of a	17919
misdemeanor of the first degree, and the court shall sentence the	17920
offender to all of the following:	17921

(i) If the sentence is being imposed for a violation of	17922
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	17923
mandatory jail term of three consecutive days. As used in this	17924
division, three consecutive days means seventy-two consecutive	17925
hours. The court may sentence an offender to both an intervention	17926
program and a jail term. The court may impose a jail term in	17927
addition to the three-day mandatory jail term or intervention	17928
program. However, in no case shall the cumulative jail term	17929
imposed for the offense exceed six months.	17930

The court may suspend the execution of the three-day jail	17931
term under this division if the court, in lieu of that suspended	17932
term, places the offender under a community control sanction	17933
pursuant to section 2929.25 of the Revised Code and requires the	17934
offender to attend, for three consecutive days, a drivers'	17935
intervention program certified under section 3793.10 of the	17936
Revised Code. The court also may suspend the execution of any	17937
part of the three-day jail term under this division if it places	17938
the offender under a community control sanction pursuant to	17939
section 2929.25 of the Revised Code for part of the three days,	17940
requires the offender to attend for the suspended part of the term	17941
a drivers' intervention program so certified, and sentences the	17942
offender to a jail term equal to the remainder of the three	17943
consecutive days that the offender does not spend attending the	17944
program. The court may require the offender, as a condition of	17945
community control and in addition to the required attendance at a	17946
drivers' intervention program, to attend and satisfactorily	17947
complete any treatment or education programs that comply with the	17948
minimum standards adopted pursuant to Chapter 3793. of the Revised	17949
Code by the director of alcohol and drug addiction services that	17950
the operators of the drivers' intervention program determine that	17951
the offender should attend and to report periodically to the court	17952
on the offender's progress in the programs. The court also may	17953
impose on the offender any other conditions of community control	17954
that it considers necessary.	17955

(ii) If the sentence is being imposed for a violation of	17956
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	17957
section, except as otherwise provided in this division, a	17958
mandatory jail term of at least three consecutive days and a	17959
requirement that the offender attend, for three consecutive days,	17960
a drivers' intervention program that is certified pursuant to	17961
section 3793.10 of the Revised Code. As used in this division,	17962
three consecutive days means seventy-two consecutive hours. If the	17963
court determines that the offender is not conducive to treatment	17964
in a drivers' intervention program, if the offender refuses to	17965
attend a drivers' intervention program, or if the jail at which	17966
the offender is to serve the jail term imposed can provide a	17967
driver's intervention program, the court shall sentence the	17968
offender to a mandatory jail term of at least six consecutive	17969
days.	17970

The court may require the offender, under a community control	17971
sanction imposed under section 2929.25 of the Revised Code, to	17972
attend and satisfactorily complete any treatment or education	17973
programs that comply with the minimum standards adopted pursuant	17974
to Chapter 3793. of the Revised Code by the director of alcohol	17975
and drug addiction services, in addition to the required	17976
attendance at drivers' intervention program, that the operators of	17977
the drivers' intervention program determine that the offender	17978
should attend and to report periodically to the court on the	17979
offender's progress in the programs. The court also may impose any	17980
other conditions of community control on the offender that it	17981
considers necessary.	17982

(iii) In all cases, a fine of not less than two hundred fifty	17983
and not more than one thousand dollars;	17984

(iv) In all cases, a class five license suspension of the	17985
offender's driver's or commercial driver's license or permit or	17986
nonresident operating privilege from the range specified in	17987
division (A)(5) of section 4510.02 of the Revised Code. The court	17988
may grant limited driving privileges relative to the suspension	17989
under sections 4510.021 and 4510.13 of the Revised Code.	17990

(b) Except as otherwise provided in division (G)(1)(e) of	17991
this section, an offender who, within six years of the offense,	17992
previously has been convicted of or pleaded guilty to one	17993
violation of division (A) or (B) of this section or one other	17994
equivalent offense is guilty of a misdemeanor of the first degree.	17995
The court shall sentence the offender to all of the following:	17996

(i) If the sentence is being imposed for a violation of	17997
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	17998
mandatory jail term of ten consecutive days. The court shall	17999
impose the ten-day mandatory jail term under this division unless,	18000
subject to division (G)(3) of this section, it instead imposes a	18001
sentence under that division consisting of both a jail term and a	18002
term of house arrest with electronic monitoring, with continuous	18003
alcohol monitoring, or with both electronic monitoring and	18004
continuous alcohol monitoring. The court may impose a jail term in	18005
addition to the ten-day mandatory jail term. The cumulative jail	18006
term imposed for the offense shall not exceed six months.	18007

In addition to the jail term or the term of house arrest with	18008
electronic monitoring or continuous alcohol monitoring or both	18009
types of monitoring and jail term, the court may require the	18010
offender to attend a drivers' intervention program that is	18011
certified pursuant to section 3793.10 of the Revised Code. If the	18012
operator of the program determines that the offender is alcohol	18013
dependent, the program shall notify the court, and, subject to	18014
division (I) of this section, the court shall order the offender	18015
to obtain treatment through an alcohol and drug addiction program	18016
authorized by section 3793.02 of the Revised Code.	18017

(ii) If the sentence is being imposed for a violation of	18018
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	18019
section, except as otherwise provided in this division, a	18020
mandatory jail term of twenty consecutive days. The court shall	18021
impose the twenty-day mandatory jail term under this division	18022
unless, subject to division (G)(3) of this section, it instead	18023
imposes a sentence under that division consisting of both a jail	18024
term and a term of house arrest with electronic monitoring, with	18025
continuous alcohol monitoring, or with both electronic monitoring	18026
and continuous alcohol monitoring. The court may impose a jail	18027
term in addition to the twenty-day mandatory jail term. The	18028
cumulative jail term imposed for the offense shall not exceed six	18029
months.	18030

In addition to the jail term or the term of house arrest with	18031
electronic monitoring or continuous alcohol monitoring or both	18032
types of monitoring and jail term, the court may require the	18033
offender to attend a driver's intervention program that is	18034
certified pursuant to section 3793.10 of the Revised Code. If the	18035
operator of the program determines that the offender is alcohol	18036
dependent, the program shall notify the court, and, subject to	18037
division (I) of this section, the court shall order the offender	18038
to obtain treatment through an alcohol and drug addiction program	18039
authorized by section 3793.02 of the Revised Code.	18040

(iii) In all cases, notwithstanding the fines set forth in	18041
Chapter 2929. of the Revised Code, a fine of not less than three	18042
hundred fifty and not more than one thousand five hundred dollars;	18043

(iv) In all cases, a class four license suspension of the	18044
offender's driver's license, commercial driver's license,	18045
temporary instruction permit, probationary license, or nonresident	18046
operating privilege from the range specified in division (A)(4) of	18047
section 4510.02 of the Revised Code. The court may grant limited	18048
driving privileges relative to the suspension under sections	18049
4510.021 and 4510.13 of the Revised Code.	18050

(v) In all cases, if the vehicle is registered in the	18051
offender's name, immobilization of the vehicle involved in the	18052
offense for ninety days in accordance with section 4503.233 of the	18053
Revised Code and impoundment of the license plates of that vehicle	18054
for ninety days.	18055

(c) Except as otherwise provided in division (G)(1)(e) of	18056
this section, an offender who, within six years of the offense,	18057
previously has been convicted of or pleaded guilty to two	18058
violations of division (A) or (B) of this section or other	18059
equivalent offenses is guilty of a misdemeanor. The court shall	18060
sentence the offender to all of the following:	18061

(i) If the sentence is being imposed for a violation of	18062
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	18063
mandatory jail term of thirty consecutive days. The court shall	18064
impose the thirty-day mandatory jail term under this division	18065
unless, subject to division (G)(3) of this section, it instead	18066
imposes a sentence under that division consisting of both a jail	18067
term and a term of house arrest with electronic monitoring, with	18068
continuous alcohol monitoring, or with both electronic monitoring	18069
and continuous alcohol monitoring. The court may impose a jail	18070
term in addition to the thirty-day mandatory jail term.	18071
Notwithstanding the jail terms set forth in sections 2929.21 to	18072
2929.28 of the Revised Code, the additional jail term shall not	18073
exceed one year, and the cumulative jail term imposed for the	18074
offense shall not exceed one year.	18075

(ii) If the sentence is being imposed for a violation of	18076
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	18077
section, a mandatory jail term of sixty consecutive days. The	18078
court shall impose the sixty-day mandatory jail term under this	18079
division unless, subject to division (G)(3) of this section, it	18080
instead imposes a sentence under that division consisting of both	18081
a jail term and a term of house arrest with electronic monitoring,	18082
with continuous alcohol monitoring, or with both electronic	18083
monitoring and continuous alcohol monitoring. The court may impose	18084
a jail term in addition to the sixty-day mandatory jail term.	18085
Notwithstanding the jail terms set forth in sections 2929.21 to	18086
2929.28 of the Revised Code, the additional jail term shall not	18087
exceed one year, and the cumulative jail term imposed for the	18088
offense shall not exceed one year.	18089

(iii) In all cases, notwithstanding the fines set forth in	18090
Chapter 2929. of the Revised Code, a fine of not less than five	18091
hundred fifty and not more than two thousand five hundred dollars;	18092

(iv) In all cases, a class three license suspension of the	18093
offender's driver's license, commercial driver's license,	18094
temporary instruction permit, probationary license, or nonresident	18095
operating privilege from the range specified in division (A)(3) of	18096
section 4510.02 of the Revised Code. The court may grant limited	18097
driving privileges relative to the suspension under sections	18098
4510.021 and 4510.13 of the Revised Code.	18099

(v) In all cases, if the vehicle is registered in the	18100
offender's name, criminal forfeiture of the vehicle involved in	18101
the offense in accordance with section 4503.234 of the Revised	18102
Code. Division (G)(6) of this section applies regarding any	18103
vehicle that is subject to an order of criminal forfeiture under	18104
this division.	18105

(vi) In all cases, participation in an alcohol and drug	18106
addiction program authorized by section 3793.02 of the Revised	18107
Code, subject to division (I) of this section.	18108

(d) Except as otherwise provided in division (G)(1)(e) of	18109
this section, an offender who, within six years of the offense,	18110
previously has been convicted of or pleaded guilty to three or	18111
four violations of division (A) or (B) of this section or other	18112
equivalent offenses or an offender who, within twenty years of the	18113
offense, previously has been convicted of or pleaded guilty to	18114
five or more violations of that nature is guilty of a felony of	18115
the fourth degree. The court shall sentence the offender to all of	18116
the following:	18117

(i) If the sentence is being imposed for a violation of	18118
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	18119
mandatory prison term of one, two, three, four, or five years as	18120
required by and in accordance with division (G)(2) of section	18121
2929.13 of the Revised Code if the offender also is convicted of	18122
or also pleads guilty to a specification of the type described in	18123
section 2941.1413 of the Revised Code or, in the discretion of the	18124
court, either a mandatory term of local incarceration of sixty	18125
consecutive days in accordance with division (G)(1) of section	18126
2929.13 of the Revised Code or a mandatory prison term of sixty	18127
consecutive days in accordance with division (G)(2) of that	18128
section if the offender is not convicted of and does not plead	18129
guilty to a specification of that type. If the court imposes a	18130
mandatory term of local incarceration, it may impose a jail term	18131
in addition to the sixty-day mandatory term, the cumulative total	18132
of the mandatory term and the jail term for the offense shall not	18133
exceed one year, and, except as provided in division (A)(1) of	18134
section 2929.13 of the Revised Code, no prison term is authorized	18135
for the offense. If the court imposes a mandatory prison term,	18136
notwithstanding division (A)(4) of section 2929.14 of the Revised	18137
Code, it also may sentence the offender to a definite prison term	18138
that shall be not less than six months and not more than thirty	18139
months and the prison terms shall be imposed as described in	18140
division (G)(2) of section 2929.13 of the Revised Code. If the	18141
court imposes a mandatory prison term or mandatory prison term and	18142
additional prison term, in addition to the term or terms so	18143
imposed, the court also may sentence the offender to a community	18144
control sanction for the offense, but the offender shall serve all	18145
of the prison terms so imposed prior to serving the community	18146
control sanction.	18147

(ii) If the sentence is being imposed for a violation of	18148
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	18149
section, a mandatory prison term of one, two, three, four, or five	18150
years as required by and in accordance with division (G)(2) of	18151
section 2929.13 of the Revised Code if the offender also is	18152
convicted of or also pleads guilty to a specification of the type	18153
described in section 2941.1413 of the Revised Code or, in the	18154
discretion of the court, either a mandatory term of local	18155
incarceration of one hundred twenty consecutive days in accordance	18156
with division (G)(1) of section 2929.13 of the Revised Code or a	18157
mandatory prison term of one hundred twenty consecutive days in	18158
accordance with division (G)(2) of that section if the offender is	18159
not convicted of and does not plead guilty to a specification of	18160
that type. If the court imposes a mandatory term of local	18161
incarceration, it may impose a jail term in addition to the one	18162
hundred twenty-day mandatory term, the cumulative total of the	18163
mandatory term and the jail term for the offense shall not exceed	18164
one year, and, except as provided in division (A)(1) of section	18165
2929.13 of the Revised Code, no prison term is authorized for the	18166
offense. If the court imposes a mandatory prison term,	18167
notwithstanding division (A)(4) of section 2929.14 of the Revised	18168
Code, it also may sentence the offender to a definite prison term	18169
that shall be not less than six months and not more than thirty	18170
months and the prison terms shall be imposed as described in	18171
division (G)(2) of section 2929.13 of the Revised Code. If the	18172
court imposes a mandatory prison term or mandatory prison term and	18173
additional prison term, in addition to the term or terms so	18174
imposed, the court also may sentence the offender to a community	18175
control sanction for the offense, but the offender shall serve all	18176
of the prison terms so imposed prior to serving the community	18177
control sanction.	18178

(iii) In all cases, notwithstanding section 2929.18 of the	18179
Revised Code, a fine of not less than eight hundred nor more than	18180
ten thousand dollars;	18181

(iv) In all cases, a class two license suspension of the	18182
offender's driver's license, commercial driver's license,	18183
temporary instruction permit, probationary license, or nonresident	18184
operating privilege from the range specified in division (A)(2) of	18185
section 4510.02 of the Revised Code. The court may grant limited	18186
driving privileges relative to the suspension under sections	18187
4510.021 and 4510.13 of the Revised Code.	18188

(v) In all cases, if the vehicle is registered in the	18189
offender's name, criminal forfeiture of the vehicle involved in	18190
the offense in accordance with section 4503.234 of the Revised	18191
Code. Division (G)(6) of this section applies regarding any	18192
vehicle that is subject to an order of criminal forfeiture under	18193
this division.	18194

(vi) In all cases, participation in an alcohol and drug	18195
addiction program authorized by section 3793.02 of the Revised	18196
Code, subject to division (I) of this section.	18197

(vii) In all cases, if the court sentences the offender to a	18198
mandatory term of local incarceration, in addition to the	18199
mandatory term, the court, pursuant to section 2929.17 of the	18200
Revised Code, may impose a term of house arrest with electronic	18201
monitoring. The term shall not commence until after the offender	18202
has served the mandatory term of local incarceration.	18203

(e) An offender who previously has been convicted of or	18204
pleaded guilty to a violation of division (A) of this section that	18205
was a felony, regardless of when the violation and the conviction	18206
or guilty plea occurred, is guilty of a felony of the third	18207
degree. The court shall sentence the offender to all of the	18208
following:	18209

(i) If the offender is being sentenced for a violation of	18210
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	18211
mandatory prison term of one, two, three, four, or five years as	18212
required by and in accordance with division (G)(2) of section	18213
2929.13 of the Revised Code if the offender also is convicted of	18214
or also pleads guilty to a specification of the type described in	18215
section 2941.1413 of the Revised Code or a mandatory prison term	18216
of sixty consecutive days in accordance with division (G)(2) of	18217
section 2929.13 of the Revised Code if the offender is not	18218
convicted of and does not plead guilty to a specification of that	18219
type. The court may impose a prison term in addition to the	18220
mandatory prison term. The cumulative total of a sixty-day	18221
mandatory prison term and the additional prison term for the	18222
offense shall not exceed five years. In addition to the mandatory	18223
prison term or mandatory prison term and additional prison term	18224
the court imposes, the court also may sentence the offender to a	18225
community control sanction for the offense, but the offender	18226
shall serve all of the prison terms so imposed prior to serving	18227
the community control sanction.	18228

(ii) If the sentence is being imposed for a violation of	18229
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	18230
section, a mandatory prison term of one, two, three, four, or five	18231
years as required by and in accordance with division (G)(2) of	18232
section 2929.13 of the Revised Code if the offender also is	18233
convicted of or also pleads guilty to a specification of the type	18234
described in section 2941.1413 of the Revised Code or a mandatory	18235
prison term of one hundred twenty consecutive days in accordance	18236
with division (G)(2) of section 2929.13 of the Revised Code if the	18237
offender is not convicted of and does not plead guilty to a	18238
specification of that type. The court may impose a prison term in	18239
addition to the mandatory prison term. The cumulative total of a	18240
one hundred twenty-day mandatory prison term and the additional	18241
prison term for the offense shall not exceed five years. In	18242
addition to the mandatory prison term or mandatory prison term and	18243
additional prison term the court imposes, the court also may	18244
sentence the offender to a community control sanction for the	18245
offense, but the offender shall serve all of the prison terms so	18246
imposed prior to serving the community control sanction.	18247

(iii) In all cases, notwithstanding section 2929.18 of the	18248
Revised Code, a fine of not less than eight hundred nor more than	18249
ten thousand dollars;	18250

(iv) In all cases, a class two license suspension of the	18251
offender's driver's license, commercial driver's license,	18252
temporary instruction permit, probationary license, or nonresident	18253
operating privilege from the range specified in division (A)(2) of	18254
section 4510.02 of the Revised Code. The court may grant limited	18255
driving privileges relative to the suspension under sections	18256
4510.021 and 4510.13 of the Revised Code.	18257

(v) In all cases, if the vehicle is registered in the	18258
offender's name, criminal forfeiture of the vehicle involved in	18259
the offense in accordance with section 4503.234 of the Revised	18260
Code. Division (G)(6) of this section applies regarding any	18261
vehicle that is subject to an order of criminal forfeiture under	18262
this division.	18263

(vi) In all cases, participation in an alcohol and drug	18264
addiction program authorized by section 3793.02 of the Revised	18265
Code, subject to division (I) of this section.	18266

(2) An offender who is convicted of or pleads guilty to a	18267
violation of division (A) of this section and who subsequently	18268
seeks reinstatement of the driver's or occupational driver's	18269
license or permit or nonresident operating privilege suspended	18270
under this section as a result of the conviction or guilty plea	18271
shall pay a reinstatement fee as provided in division (F)(2) of	18272
section 4511.191 of the Revised Code.	18273

(3) If an offender is sentenced to a jail term under division	18274
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	18275
if, within sixty days of sentencing of the offender, the court	18276
issues a written finding on the record that, due to the	18277
unavailability of space at the jail where the offender is required	18278
to serve the term, the offender will not be able to begin serving	18279
that term within the sixty-day period following the date of	18280
sentencing, the court may impose an alternative sentence under	18281
this division that includes a term of house arrest with electronic	18282
monitoring, with continuous alcohol monitoring, or with both	18283
electronic monitoring and continuous alcohol monitoring.	18284

As an alternative to a mandatory jail term of ten consecutive	18285
days required by division (G)(1)(b)(i) of this section, the court,	18286
under this division, may sentence the offender to five consecutive	18287
days in jail and not less than eighteen consecutive days of house	18288
arrest with electronic monitoring, with continuous alcohol	18289
monitoring, or with both electronic monitoring and continuous	18290
alcohol monitoring. The cumulative total of the five consecutive	18291
days in jail and the period of house arrest with electronic	18292
monitoring, continuous alcohol monitoring, or both types of	18293
monitoring shall not exceed six months. The five consecutive days	18294
in jail do not have to be served prior to or consecutively to the	18295
period of house arrest.	18296

As an alternative to the mandatory jail term of twenty	18297
consecutive days required by division (G)(1)(b)(ii) of this	18298
section, the court, under this division, may sentence the offender	18299
to ten consecutive days in jail and not less than thirty-six	18300
consecutive days of house arrest with electronic monitoring, with	18301
continuous alcohol monitoring, or with both electronic monitoring	18302
and continuous alcohol monitoring. The cumulative total of the ten	18303
consecutive days in jail and the period of house arrest with	18304
electronic monitoring, continuous alcohol monitoring, or both	18305
types of monitoring shall not exceed six months. The ten	18306
consecutive days in jail do not have to be served prior to or	18307
consecutively to the period of house arrest.	18308

As an alternative to a mandatory jail term of thirty	18309
consecutive days required by division (G)(1)(c)(i) of this	18310
section, the court, under this division, may sentence the offender	18311
to fifteen consecutive days in jail and not less than fifty-five	18312
consecutive days of house arrest with electronic monitoring, with	18313
continuous alcohol monitoring, or with both electronic monitoring	18314
and continuous alcohol monitoring. The cumulative total of the	18315
fifteen consecutive days in jail and the period of house arrest	18316
with electronic monitoring, continuous alcohol monitoring, or both	18317
types of monitoring shall not exceed one year. The fifteen	18318
consecutive days in jail do not have to be served prior to or	18319
consecutively to the period of house arrest.	18320

As an alternative to the mandatory jail term of sixty	18321
consecutive days required by division (G)(1)(c)(ii) of this	18322
section, the court, under this division, may sentence the offender	18323
to thirty consecutive days in jail and not less than one hundred	18324
ten consecutive days of house arrest with electronic monitoring,	18325
with continuous alcohol monitoring, or with both electronic	18326
monitoring and continuous alcohol monitoring. The cumulative total	18327
of the thirty consecutive days in jail and the period of house	18328
arrest with electronic monitoring, continuous alcohol monitoring,	18329
or both types of monitoring shall not exceed one year. The thirty	18330
consecutive days in jail do not have to be served prior to or	18331
consecutively to the period of house arrest.	18332

(4) If an offender's driver's or occupational driver's	18333
license or permit or nonresident operating privilege is suspended	18334
under division (G) of this section and if section 4510.13 of the	18335
Revised Code permits the court to grant limited driving	18336
privileges, the court may grant the limited driving privileges in	18337
accordance with that section. If division (A)(7) of that section	18338
requires that the court impose as a condition of the privileges	18339
that the offender must display on the vehicle that is driven	18340
subject to the privileges restricted license plates that are	18341
issued under section 4503.231 of the Revised Code, except as	18342
provided in division (B) of that section, the court shall impose	18343
that condition as one of the conditions of the limited driving	18344
privileges granted to the offender, except as provided in division	18345
(B) of section 4503.231 of the Revised Code.	18346

(5) Fines imposed under this section for a violation of	18347
division (A) of this section shall be distributed as follows:	18348

(a) Twenty-five dollars of the fine imposed under division	18349
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	18350
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	18351
fine imposed under division (G)(1)(c)(iii), and two hundred ten	18352
dollars of the fine imposed under division (G)(1)(d)(iii) or	18353
(e)(iii) of this section shall be paid to an enforcement and	18354
education fund established by the legislative authority of the law	18355
enforcement agency in this state that primarily was responsible	18356
for the arrest of the offender, as determined by the court that	18357
imposes the fine. The agency shall use this share to pay only	18358
those costs it incurs in enforcing this section or a municipal OVI	18359
ordinance or township OVI resolution and in informing the public	18360
of the laws governing the operation of a vehicle while under the	18361
influence of alcohol, the dangers of the operation of a vehicle	18362
under the influence of alcohol, and other information relating to	18363
the operation of a vehicle under the influence of alcohol and the	18364
consumption of alcoholic beverages.	18365

(b) Fifty dollars of the fine imposed under division	18366
(G)(1)(a)(iii) of this section shall be paid to the political	18367
subdivision that pays the cost of housing the offender during the	18368
offender's term of incarceration. If the offender is being	18369
sentenced for a violation of division (A)(1)(a), (b), (c), (d),	18370
(e), or (j) of this section and was confined as a result of the	18371
offense prior to being sentenced for the offense but is not	18372
sentenced to a term of incarceration, the fifty dollars shall be	18373
paid to the political subdivision that paid the cost of housing	18374
the offender during that period of confinement. The political	18375
subdivision shall use the share under this division to pay or	18376
reimburse incarceration or treatment costs it incurs in housing or	18377
providing drug and alcohol treatment to persons who violate this	18378
section or a municipal OVI ordinance or township OVI resolution,	18379
costs of any immobilizing or disabling device used on the	18380
offender's vehicle, and costs of electronic house arrest equipment	18381
needed for persons who violate this section.	18382

(c) Twenty-five dollars of the fine imposed under division	18383
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	18384
division (G)(1)(b)(iii) of this section shall be deposited into	18385
the county or municipal indigent drivers' alcohol treatment fund	18386
under the control of that court, as created by the county or	18387
municipal corporation under division (N) of section 4511.191 of	18388
the Revised Code.	18389

(d) One hundred fifteen dollars of the fine imposed under	18390
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	18391
fine imposed under division (G)(1)(c)(iii), and four hundred forty	18392
dollars of the fine imposed under division (G)(1)(d)(iii) or	18393
(e)(iii) of this section shall be paid to the political	18394
subdivision that pays the cost of housing the offender during the	18395
offender's term of incarceration. The political subdivision shall	18396
use this share to pay or reimburse incarceration or treatment	18397
costs it incurs in housing or providing drug and alcohol treatment	18398
to persons who violate this section or a municipal OVI ordinance	18399
or township OVI resolution, costs for any immobilizing or	18400
disabling device used on the offender's vehicle, and costs of	18401
electronic house arrest equipment needed for persons who violate	18402
this section.	18403

(e) The balance of the fine imposed under division	18404
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	18405
section shall be disbursed as otherwise provided by law.	18406

(6) If title to a motor vehicle that is subject to an order	18407
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	18408
this section is assigned or transferred and division (B)(2) or (3)	18409
of section 4503.234 of the Revised Code applies, in addition to or	18410
independent of any other penalty established by law, the court may	18411
fine the offender the value of the vehicle as determined by	18412
publications of the national auto dealers association. The	18413
proceeds of any fine so imposed shall be distributed in accordance	18414
with division (C)(2) of that section.	18415

(7) As used in division (G) of this section, "electronic	18416
monitoring," "mandatory prison term," and "mandatory term of local	18417
incarceration" have the same meanings as in section 2929.01 of the	18418
Revised Code.	18419

(H) Whoever violates division (B) of this section is guilty	18420
of operating a vehicle after underage alcohol consumption and	18421
shall be punished as follows:	18422

(1) Except as otherwise provided in division (H)(2) of this	18423
section, the offender is guilty of a misdemeanor of the fourth	18424
degree. In addition to any other sanction imposed for the offense,	18425
the court shall impose a class six suspension of the offender's	18426
driver's license, commercial driver's license, temporary	18427
instruction permit, probationary license, or nonresident operating	18428
privilege from the range specified in division (A)(6) of section	18429
4510.02 of the Revised Code.	18430

(2) If, within one year of the offense, the offender	18431
previously has been convicted of or pleaded guilty to one or more	18432
violations of division (A) or (B) of this section or other	18433
equivalent offenses, the offender is guilty of a misdemeanor of	18434
the third degree. In addition to any other sanction imposed for	18435
the offense, the court shall impose a class four suspension of the	18436
offender's driver's license, commercial driver's license,	18437
temporary instruction permit, probationary license, or nonresident	18438
operating privilege from the range specified in division (A)(4) of	18439
section 4510.02 of the Revised Code.	18440

(3) If the offender also is convicted of or also pleads	18441
guilty to a specification of the type described in section	18442
2941.1416 of the Revised Code and if the court imposes a jail term	18443
for the violation of division (B) of this section, the court shall	18444
impose upon the offender an additional definite jail term pursuant	18445
to division (E) of section 2929.24 of the Revised Code.	18446

(I)(1) No court shall sentence an offender to an alcohol	18447
treatment program under this section unless the treatment program	18448
complies with the minimum standards for alcohol treatment programs	18449
adopted under Chapter 3793. of the Revised Code by the director of	18450
alcohol and drug addiction services.	18451

(2) An offender who stays in a drivers' intervention program	18452
or in an alcohol treatment program under an order issued under	18453
this section shall pay the cost of the stay in the program.	18454
However, if the court determines that an offender who stays in an	18455
alcohol treatment program under an order issued under this section	18456
is unable to pay the cost of the stay in the program, the court	18457
may order that the cost be paid from the court's indigent drivers'	18458
alcohol treatment fund.	18459

(J) If a person whose driver's or commercial driver's license	18460
or permit or nonresident operating privilege is suspended under	18461
this section files an appeal regarding any aspect of the person's	18462
trial or sentence, the appeal itself does not stay the operation	18463
of the suspension.	18464

(K) Division (A)(1)(j) of this section does not apply to a	18465
person who operates a vehicle, streetcar, or trackless trolley	18466
while the person has a concentration of a listed controlled	18467
substance or a listed metabolite of a controlled substance in the	18468
person's whole blood, blood serum or plasma, or urine that equals	18469
or exceeds the amount specified in that division, if both of the	18470
following apply:	18471

(1) The person obtained the controlled substance pursuant to	18472
a prescription issued by a licensed health professional authorized	18473
to prescribe drugs.	18474

(2) The person injected, ingested, or inhaled the controlled	18475
substance in accordance with the health professional's directions.	18476

(L) The prohibited concentrations of a controlled substance	18477
or a metabolite of a controlled substance listed in division	18478
(A)(1)(j) of this section also apply in a prosecution of a	18479
violation of division (D) of section 2923.16 of the Revised Code	18480
in the same manner as if the offender is being prosecuted for a	18481
prohibited concentration of alcohol.	18482

(M) All terms defined in section 4510.01 of the Revised Code	18483
apply to this section. If the meaning of a term defined in section	18484
4510.01 of the Revised Code conflicts with the meaning of the same	18485
term as defined in section 4501.01 or 4511.01 of the Revised Code,	18486
the term as defined in section 4510.01 of the Revised Code applies	18487
to this section.	18488

(N)(1) The Ohio Traffic Rules in effect on January 1, 2004,	18489
as adopted by the supreme court under authority of section 2937.46	18490
of the Revised Code, do not apply to felony violations of this	18491
section. Subject to division (N)(2) of this section, the Rules of	18492
Criminal Procedure apply to felony violations of this section.	18493

(2) If, on or after January 1, 2004, the supreme court	18494
modifies the Ohio Traffic Rules to provide procedures to govern	18495
felony violations of this section, the modified rules shall apply	18496
to felony violations of this section.	18497

Sec. 4511.191. (A)(1) "Physical control" has the same	18498
meaning as in section 4511.194 of the Revised Code.	18499

(2) Any person who operates a vehicle, streetcar, or	18500
trackless trolley upon a highway or any public or private property	18501
used by the public for vehicular travel or parking within this	18502
state or who is in physical control of a vehicle, streetcar, or	18503
trackless trolley shall be deemed to have given consent to a	18504
chemical test or tests of the person's whole blood, blood serum or	18505
plasma, breath, or urine to determine the alcohol, drug of abuse,	18506
controlled substance, metabolite of a controlled substance, or	18507
combination content of the person's whole blood, blood serum or	18508
plasma, breath, or urine if arrested for a violation of division	18509
(A) or (B) of section 4511.19 of the Revised Code, section	18510
4511.194 of the Revised Code or a substantially equivalent	18511
municipal ordinance or township resolution, or a municipal OVI	18512
ordinance or township OVI resolution.	18513

(3) The chemical test or tests under division (A)(2) of this	18514
section shall be administered at the request of a law enforcement	18515
officer having reasonable grounds to believe the person was	18516
operating or in physical control of a vehicle, streetcar, or	18517
trackless trolley in violation of a division, section, or	18518
ordinance identified in division (A)(2) of this section. The law	18519
enforcement agency by which the officer is employed shall	18520
designate which of the tests shall be administered.	18521

(4) Any person who is dead or unconscious, or who otherwise	18522
is in a condition rendering the person incapable of refusal, shall	18523
be deemed to have consented as provided in division (A)(2) of this	18524
section, and the test or tests may be administered, subject to	18525
sections 313.12 to 313.16 of the Revised Code.	18526

(B)(1) Upon receipt of the sworn report of a law enforcement	18527
officer who arrested a person for a violation of division (A) or	18528
(B) of section 4511.19 of the Revised Code, section 4511.194 of	18529
the Revised Code or a substantially equivalent municipal ordinance	18530
or township resolution, or a municipal OVI ordinance or township	18531
OVI resolution that was completed and sent to the registrar and a	18532
court pursuant to section 4511.192 of the Revised Code in regard	18533
to a person who refused to take the designated chemical test, the	18534
registrar shall enter into the registrar's records the fact that	18535
the person's driver's or commercial driver's license or permit or	18536
nonresident operating privilege was suspended by the arresting	18537
officer under this division and that section and the period of the	18538
suspension, as determined under this section. The suspension shall	18539
be subject to appeal as provided in section 4511.197 of the	18540
Revised Code. The suspension shall be for whichever of the	18541
following periods applies:	18542

(a) Except when division (B)(1)(b), (c), or (d) of this	18543
section applies and specifies a different class or length of	18544
suspension, the suspension shall be a class C suspension for the	18545
period of time specified in division (B)(3) of section 4510.02 of	18546
the Revised Code.	18547

(b) If the arrested person, within six years of the date on	18548
which the person refused the request to consent to the chemical	18549
test, had refused one previous request to consent to a chemical	18550
test, the suspension shall be a class B suspension imposed for the	18551
period of time specified in division (B)(2) of section 4510.02 of	18552
the Revised Code.	18553

(c) If the arrested person, within six years of the date on	18554
which the person refused the request to consent to the chemical	18555
test, had refused two previous requests to consent to a chemical	18556
test, the suspension shall be a class A suspension imposed for the	18557
period of time specified in division (B)(1) of section 4510.02 of	18558
the Revised Code.	18559

(d) If the arrested person, within six years of the date on	18560
which the person refused the request to consent to the chemical	18561
test, had refused three or more previous requests to consent to a	18562
chemical test, the suspension shall be for five years.	18563

(2) The registrar shall terminate a suspension of the	18564
driver's or commercial driver's license or permit of a resident or	18565
of the operating privilege of a nonresident, or a denial of a	18566
driver's or commercial driver's license or permit, imposed	18567
pursuant to division (B)(1) of this section upon receipt of notice	18568
that the person has entered a plea of guilty to, or that the	18569
person has been convicted after entering a plea of no contest to,	18570
operating a vehicle in violation of section 4511.19 of the Revised	18571
Code or in violation of a municipal OVI ordinance or township OVI	18572
resolution, if the offense for which the conviction is had or the	18573
plea is entered arose from the same incident that led to the	18574
suspension or denial.	18575

The registrar shall credit against any judicial suspension of	18576
a person's driver's or commercial driver's license or permit or	18577
nonresident operating privilege imposed pursuant to section	18578
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	18579
Revised Code for a violation of a municipal OVI ordinance or	18580
township OVI resolution, any time during which the person serves a	18581
related suspension imposed pursuant to division (B)(1) of this	18582
section.	18583

(C)(1) Upon receipt of the sworn report of the law	18584
enforcement officer who arrested a person for a violation of	18585
division (A) or (B) of section 4511.19 of the Revised Code or a	18586
municipal OVI ordinance or township OVI resolution that was	18587
completed and sent to the registrar and a court pursuant to	18588
section 4511.192 of the Revised Code in regard to a person whose	18589
test results indicate that the person's whole blood, blood serum	18590
or plasma, breath, or urine contained at least the concentration	18591
of alcohol specified in division (A)(1)(b), (c), (d), or (e) of	18592
section 4511.19 of the Revised Code or at least the concentration	18593
of a listed controlled substance or a listed metabolite of a	18594
controlled substance specified in division (A)(1)(j) of section	18595
4511.19 of the Revised Code, the registrar shall enter into the	18596
registrar's records the fact that the person's driver's or	18597
commercial driver's license or permit or nonresident operating	18598
privilege was suspended by the arresting officer under this	18599
division and section 4511.192 of the Revised Code and the period	18600
of the suspension, as determined under divisions (F)(1) to (4) of	18601
this section. The suspension shall be subject to appeal as	18602
provided in section 4511.197 of the Revised Code. The suspension	18603
described in this division does not apply to, and shall not be	18604
imposed upon, a person arrested for a violation of section	18605
4511.194 of the Revised Code or a substantially equivalent	18606
municipal ordinance or township resolution who submits to a	18607
designated chemical test. The suspension shall be for whichever of	18608
the following periods applies:	18609

(a) Except when division (C)(1)(b), (c), or (d) of this	18610
section applies and specifies a different period, the suspension	18611
shall be a class E suspension imposed for the period of time	18612
specified in division (B)(5) of section 4510.02 of the Revised	18613
Code.	18614

(b) The suspension shall be a class C suspension for the	18615
period of time specified in division (B)(3) of section 4510.02 of	18616
the Revised Code if the person has been convicted of or pleaded	18617
guilty to, within six years of the date the test was conducted,	18618
one violation of division (A) or (B) of section 4511.19 of the	18619
Revised Code or one other equivalent offense.	18620

(c) If, within six years of the date the test was conducted,	18621
the person has been convicted of or pleaded guilty to two	18622
violations of a statute or ordinance described in division	18623
(C)(1)(b) of this section, the suspension shall be a class B	18624
suspension imposed for the period of time specified in division	18625
(B)(2) of section 4510.02 of the Revised Code.	18626

(d) If, within six years of the date the test was conducted,	18627
the person has been convicted of or pleaded guilty to more than	18628
two violations of a statute or ordinance described in division	18629
(C)(1)(b) of this section, the suspension shall be a class A	18630
suspension imposed for the period of time specified in division	18631
(B)(1) of section 4510.02 of the Revised Code.	18632

(2) The registrar shall terminate a suspension of the	18633
driver's or commercial driver's license or permit of a resident or	18634
of the operating privilege of a nonresident, or a denial of a	18635
driver's or commercial driver's license or permit, imposed	18636
pursuant to division (C)(1) of this section upon receipt of notice	18637
that the person has entered a plea of guilty to, or that the	18638
person has been convicted after entering a plea of no contest to,	18639
operating a vehicle in violation of section 4511.19 of the Revised	18640
Code or in violation of a municipal OVI ordinance or township OVI	18641
resolution, if the offense for which the conviction is had or the	18642
plea is entered arose from the same incident that led to the	18643
suspension or denial.	18644

The registrar shall credit against any judicial suspension of	18645
a person's driver's or commercial driver's license or permit or	18646
nonresident operating privilege imposed pursuant to section	18647
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	18648
Revised Code for a violation of a municipal OVI ordinance or	18649
township OVI resolution, any time during which the person serves a	18650
related suspension imposed pursuant to division (C)(1) of this	18651
section.	18652

(D)(1) A suspension of a person's driver's or commercial	18653
driver's license or permit or nonresident operating privilege	18654
under this section for the time described in division (B) or (C)	18655
of this section is effective immediately from the time at which	18656
the arresting officer serves the notice of suspension upon the	18657
arrested person. Any subsequent finding that the person is not	18658
guilty of the charge that resulted in the person being requested	18659
to take the chemical test or tests under division (A) of this	18660
section does not affect the suspension.	18661

(2) If a person is arrested for operating a vehicle,	18662
streetcar, or trackless trolley in violation of division (A) or	18663
(B) of section 4511.19 of the Revised Code or a municipal OVI	18664
ordinance or township OVI resolution, or for being in physical	18665
control of a vehicle, streetcar, or trackless trolley in	18666
violation of section 4511.194 of the Revised Code or a	18667
substantially equivalent municipal ordinance or township	18668
resolution, regardless of whether the person's driver's or	18669
commercial driver's license or permit or nonresident operating	18670
privilege is or is not suspended under division (B) or (C) of this	18671
section or Chapter 4510. of the Revised Code, the person's initial	18672
appearance on the charge resulting from the arrest shall be held	18673
within five days of the person's arrest or the issuance of the	18674
citation to the person, subject to any continuance granted by the	18675
court pursuant to section 4511.197 of the Revised Code regarding	18676
the issues specified in that division.	18677

(E) When it finally has been determined under the procedures	18678
of this section and sections 4511.192 to 4511.197 of the Revised	18679
Code that a nonresident's privilege to operate a vehicle within	18680
this state has been suspended, the registrar shall give	18681
information in writing of the action taken to the motor vehicle	18682
administrator of the state of the person's residence and of any	18683
state in which the person has a license.	18684

(F) At the end of a suspension period under this section,	18685
under section 4511.194, section 4511.196, or division (G) of	18686
section 4511.19 of the Revised Code, or under section 4510.07 of	18687
the Revised Code for a violation of a municipal OVI ordinance or	18688
township OVI resolution and upon the request of the person whose	18689
driver's or commercial driver's license or permit was suspended	18690
and who is not otherwise subject to suspension, cancellation, or	18691
disqualification, the registrar shall return the driver's or	18692
commercial driver's license or permit to the person upon the	18693
occurrence of all of the conditions specified in divisions (F)(1)	18694
and (2) of this section:	18695

(1) A showing that the person has proof of financial	18696
responsibility, a policy of liability insurance in effect that	18697
meets the minimum standards set forth in section 4509.51 of the	18698
Revised Code, or proof, to the satisfaction of the registrar, that	18699
the person is able to respond in damages in an amount at least	18700
equal to the minimum amounts specified in section 4509.51 of the	18701
Revised Code.	18702

(2) Subject to the limitation contained in division (F)(3) of	18703
this section, payment by the person to the bureau of motor	18704
vehicles of a license reinstatement fee of four hundred	18705
twenty-five dollars, which fee shall be deposited in the state	18706
treasury and credited as follows:	18707

(a) One hundred twelve dollars and fifty cents shall be	18708
credited to the statewide treatment and prevention fund created by	18709
section 4301.30 of the Revised Code. The fund shall be used to	18710
pay the costs of driver treatment and intervention programs	18711
operated pursuant to sections 3793.02 and 3793.10 of the Revised	18712
Code. The director of alcohol and drug addiction services shall	18713
determine the share of the fund that is to be allocated to alcohol	18714
and drug addiction programs authorized by section 3793.02 of the	18715
Revised Code, and the share of the fund that is to be allocated to	18716
drivers' intervention programs authorized by section 3793.10 of	18717
the Revised Code.	18718

(b) Seventy-five dollars shall be credited to the reparations	18719
fund created by section 2743.191 of the Revised Code.	18720

(c) Thirty-seven dollars and fifty cents shall be credited to	18721
the indigent drivers alcohol treatment fund, which is hereby	18722
established. Except as otherwise provided in division (F)(2)(c) of	18723
this section, moneys in the fund shall be distributed by the	18724
department of alcohol and drug addiction services to the county	18725
indigent drivers alcohol treatment funds, the county juvenile	18726
indigent drivers alcohol treatment funds, and the municipal	18727
indigent drivers alcohol treatment funds that are required to be	18728
established by counties and municipal corporations pursuant to	18729
this section, and shall be used only to pay the cost of an alcohol	18730
and drug addiction treatment program attended by an offender or	18731
juvenile traffic offender who is ordered to attend an alcohol and	18732
drug addiction treatment program by a county, juvenile, or	18733
municipal court judge and who is determined by the county,	18734
juvenile, or municipal court judge not to have the means to pay	18735
for the person's attendance at the program or to pay the costs	18736
specified in division (H)(4) of this section in accordance with	18737
that division. In addition, a county, juvenile, or municipal court	18738
judge may use moneys in the county indigent drivers alcohol	18739
treatment fund, county juvenile indigent drivers alcohol treatment	18740
fund, or municipal indigent drivers alcohol treatment fund to pay	18741
for the cost of the continued use of an electronic continuous	18742
alcohol monitoring device as described in divisions (H)(3) and (4)	18743
of this section. Moneys in the fund that are not distributed to a	18744
county indigent drivers alcohol treatment fund, a county juvenile	18745
indigent drivers alcohol treatment fund, or a municipal indigent	18746
drivers alcohol treatment fund under division (H) of this section	18747
because the director of alcohol and drug addiction services does	18748
not have the information necessary to identify the county or	18749
municipal corporation where the offender or juvenile offender was	18750
arrested may be transferred by the director of budget and	18751
management to the statewide treatment and prevention fund created	18752
by section 4301.30 of the Revised Code, upon certification of the	18753
amount by the director of alcohol and drug addiction services.	18754

(d) Seventy-five dollars shall be credited to the Ohio	18755
rehabilitation services commission established by section 3304.12	18756
of the Revised Code, to the services for rehabilitation fund,	18757
which is hereby established. The fund shall be used to match	18758
available federal matching funds where appropriate, and for any	18759
other purpose or program of the commission to rehabilitate people	18760
with disabilities to help them become employed and independent.	18761

(e) Seventy-five dollars shall be deposited into the state	18762
treasury and credited to the drug abuse resistance education	18763
programs fund, which is hereby established, to be used by the	18764
attorney general for the purposes specified in division (F)(4) of	18765
this section.	18766

(f) Thirty dollars shall be credited to the state bureau of	18767
motor vehicles fund created by section 4501.25 of the Revised	18768
Code.	18769

(g) Twenty dollars shall be credited to the trauma and	18770
emergency medical services grants fund created by section 4513.263	18771
of the Revised Code.	18772

(3) If a person's driver's or commercial driver's license or	18773
permit is suspended under this section, under section 4511.196 or	18774
division (G) of section 4511.19 of the Revised Code, under section	18775
4510.07 of the Revised Code for a violation of a municipal OVI	18776
ordinance or township OVI resolution or under any combination of	18777
the suspensions described in division (F)(3) of this section, and	18778
if the suspensions arise from a single incident or a single set of	18779
facts and circumstances, the person is liable for payment of, and	18780
shall be required to pay to the bureau, only one reinstatement fee	18781
of four hundred twenty-five dollars. The reinstatement fee shall	18782
be distributed by the bureau in accordance with division (F)(2) of	18783
this section.	18784

(4) The attorney general shall use amounts in the drug abuse	18785
resistance education programs fund to award grants to law	18786
enforcement agencies to establish and implement drug abuse	18787
resistance education programs in public schools. Grants awarded to	18788
a law enforcement agency under this section shall be used by the	18789
agency to pay for not more than fifty per cent of the amount of	18790
the salaries of law enforcement officers who conduct drug abuse	18791
resistance education programs in public schools. The attorney	18792
general shall not use more than six per cent of the amounts the	18793
attorney general's office receives under division (F)(2)(e) of	18794
this section to pay the costs it incurs in administering the grant	18795
program established by division (F)(2)(e) of this section and in	18796
providing training and materials relating to drug abuse resistance	18797
education programs.	18798

The attorney general shall report to the governor and the	18799
general assembly each fiscal year on the progress made in	18800
establishing and implementing drug abuse resistance education	18801
programs. These reports shall include an evaluation of the	18802
effectiveness of these programs.	18803

(G) Suspension of a commercial driver's license under	18804
division (B) or (C) of this section shall be concurrent with any	18805
period of disqualification under section 3123.611 or 4506.16 of	18806
the Revised Code or any period of suspension under section 3123.58	18807
of the Revised Code. No person who is disqualified for life from	18808
holding a commercial driver's license under section 4506.16 of the	18809
Revised Code shall be issued a driver's license under Chapter	18810
4507. of the Revised Code during the period for which the	18811
commercial driver's license was suspended under division (B) or	18812
(C) of this section. No person whose commercial driver's license	18813
is suspended under division (B) or (C) of this section shall be	18814
issued a driver's license under Chapter 4507. of the Revised Code	18815
during the period of the suspension.	18816

(H)(1) Each county shall establish an indigent drivers	18817
alcohol treatment fund, each county shall establish a juvenile	18818
indigent drivers alcohol treatment fund, and each municipal	18819
corporation in which there is a municipal court shall establish an	18820
indigent drivers alcohol treatment fund. All revenue that the	18821
general assembly appropriates to the indigent drivers alcohol	18822
treatment fund for transfer to a county indigent drivers alcohol	18823
treatment fund, a county juvenile indigent drivers alcohol	18824
treatment fund, or a municipal indigent drivers alcohol treatment	18825
fund, all portions of fees that are paid under division (F) of	18826
this section and that are credited under that division to the	18827
indigent drivers alcohol treatment fund in the state treasury for	18828
a county indigent drivers alcohol treatment fund, a county	18829
juvenile indigent drivers alcohol treatment fund, or a municipal	18830
indigent drivers alcohol treatment fund, and all portions of fines	18831
that are specified for deposit into a county or municipal indigent	18832
drivers alcohol treatment fund by section 4511.193 of the Revised	18833
Code shall be deposited into that county indigent drivers alcohol	18834
treatment fund, county juvenile indigent drivers alcohol treatment	18835
fund, or municipal indigent drivers alcohol treatment fund in	18836
accordance with division (H)(2) of this section. Additionally, all	18837
portions of fines that are paid for a violation of section 4511.19	18838
of the Revised Code or of any prohibition contained in Chapter	18839
4510. of the Revised Code, and that are required under section	18840
4511.19 or any provision of Chapter 4510. of the Revised Code to	18841
be deposited into a county indigent drivers alcohol treatment fund	18842
or municipal indigent drivers alcohol treatment fund shall be	18843
deposited into the appropriate fund in accordance with the	18844
applicable division.	18845

(2) That portion of the license reinstatement fee that is	18846
paid under division (F) of this section and that is credited under	18847
that division to the indigent drivers alcohol treatment fund shall	18848
be deposited into a county indigent drivers alcohol treatment	18849
fund, a county juvenile indigent drivers alcohol treatment fund,	18850
or a municipal indigent drivers alcohol treatment fund as follows:	18851

(a) If the suspension in question was imposed under this	18852
section, that portion of the fee shall be deposited as follows:	18853

(i) If the fee is paid by a person who was charged in a	18854
county court with the violation that resulted in the suspension,	18855
the portion shall be deposited into the county indigent drivers	18856
alcohol treatment fund under the control of that court;	18857

(ii) If the fee is paid by a person who was charged in a	18858
juvenile court with the violation that resulted in the suspension,	18859
the portion shall be deposited into the county juvenile indigent	18860
drivers alcohol treatment fund established in the county served by	18861
the court;	18862

(iii) If the fee is paid by a person who was charged in a	18863
municipal court with the violation that resulted in the	18864
suspension, the portion shall be deposited into the municipal	18865
indigent drivers alcohol treatment fund under the control of that	18866
court.	18867

(b) If the suspension in question was imposed under section	18868
4511.19 of the Revised Code or under section 4510.07 of the	18869
Revised Code for a violation of a municipal OVI ordinance or	18870
township OVI resolution, that portion of the fee shall be	18871
deposited as follows:	18872

(i) If the fee is paid by a person whose license or permit	18873
was suspended by a county court, the portion shall be deposited	18874
into the county indigent drivers alcohol treatment fund under the	18875
control of that court;	18876

(ii) If the fee is paid by a person whose license or permit	18877
was suspended by a municipal court, the portion shall be deposited	18878
into the municipal indigent drivers alcohol treatment fund under	18879
the control of that court.	18880

(3) Expenditures from a county indigent drivers alcohol	18881
treatment fund, a county juvenile indigent drivers alcohol	18882
treatment fund, or a municipal indigent drivers alcohol treatment	18883
fund shall be made only upon the order of a county, juvenile, or	18884
municipal court judge and only for payment of the cost of the	18885
attendance at an alcohol and drug addiction treatment program of a	18886
person who is convicted of, or found to be a juvenile traffic	18887
offender by reason of, a violation of division (A) of section	18888
4511.19 of the Revised Code or a substantially similar municipal	18889
ordinance or township resolution, who is ordered by the court to	18890
attend the alcohol and drug addiction treatment program, and who	18891
is determined by the court to be unable to pay the cost of	18892
attendance at the treatment program or for payment of the costs	18893
specified in division (H)(4) of this section in accordance with	18894
that division. The alcohol and drug addiction services board or	18895
the board of alcohol, drug addiction, and mental health services	18896
established pursuant to section 340.02 or 340.021 of the Revised	18897
Code and serving the alcohol, drug addiction, and mental health	18898
service district in which the court is located shall administer	18899
the indigent drivers alcohol treatment program of the court. When	18900
a court orders an offender or juvenile traffic offender to attend	18901
an alcohol and drug addiction treatment program, the board shall	18902
determine which program is suitable to meet the needs of the	18903
offender or juvenile traffic offender, and when a suitable program	18904
is located and space is available at the program, the offender or	18905
juvenile traffic offender shall attend the program designated by	18906
the board. A reasonable amount not to exceed five per cent of the	18907
amounts credited to and deposited into the county indigent drivers	18908
alcohol treatment fund, the county juvenile indigent drivers	18909
alcohol treatment fund, or the municipal indigent drivers alcohol	18910
treatment fund serving every court whose program is administered	18911
by that board shall be paid to the board to cover the costs it	18912
incurs in administering those indigent drivers alcohol treatment	18913
programs.	18914

In addition, a county, juvenile, or municipal court judge may	18915
use moneys in the county indigent drivers alcohol treatment fund,	18916
county juvenile indigent drivers alcohol treatment fund, or	18917
municipal indigent drivers alcohol treatment fund to pay for the	18918
continued use of an electronic continuous alcohol monitoring	18919
device by an offender or juvenile traffic offender, in conjunction	18920
with a treatment program approved by the department of alcohol and	18921
drug addiction services, when such use is determined clinically	18922
necessary by the treatment program and when the court determines	18923
that the offender or juvenile traffic offender is unable to pay	18924
all or part of the daily monitoring of the device.	18925

(4) If a county, juvenile, or municipal court determines, in	18926
consultation with the alcohol and drug addiction services board or	18927
the board of alcohol, drug addiction, and mental health services	18928
established pursuant to section 340.02 or 340.021 of the Revised	18929
Code and serving the alcohol, drug addiction, and mental health	18930
district in which the court is located, that the funds in the	18931
county indigent drivers alcohol treatment fund, the county	18932
juvenile indigent drivers alcohol treatment fund, or the municipal	18933
indigent drivers alcohol treatment fund under the control of the	18934
court are more than sufficient to satisfy the purpose for which	18935
the fund was established, as specified in divisions (H)(1) to (3)	18936
of this section, the court may declare a surplus in the fund. If	18937
the court declares a surplus in the fund, the court may expend the	18938
amount of the surplus in the fund for:	18939

(a) Alcohol and drug abuse assessment and treatment of	18940
persons who are charged in the court with committing a criminal	18941
offense or with being a delinquent child or juvenile traffic	18942
offender and in relation to whom both of the following apply:	18943

(i) The court determines that substance abuse was a	18944
contributing factor leading to the criminal or delinquent activity	18945
or the juvenile traffic offense with which the person is charged.	18946

(ii) The court determines that the person is unable to pay	18947
the cost of the alcohol and drug abuse assessment and treatment	18948
for which the surplus money will be used.	18949

(b) All or part of the cost of purchasing electronic	18950
continuous alcohol monitoring devices to be used in conjunction	18951
with division (H)(3) of this section.	18952

Sec. 4511.192. (A) The arresting law enforcement officer	18953
shall give advice in accordance with this section to any person	18954
under arrest for a violation of division (A) or (B) of section	18955
4511.19 of the Revised Code, section 4511.194 of the Revised Code	18956
or a substantially equivalent municipal ordinance or township	18957
resolution, or a municipal OVI ordinance or township OVI	18958
resolution. The officer shall give that advice in a written form	18959
that contains the information described in division (B) of this	18960
section and shall read the advice to the person. The form shall	18961
contain a statement that the form was shown to the person under	18962
arrest and read to the person by the arresting officer. One or	18963
more persons shall witness the arresting officer's reading of the	18964
form, and the witnesses shall certify to this fact by signing the	18965
form. The person must submit to the chemical test or tests,	18966
subsequent to the request of the arresting officer, within two	18967
hours of the time of the alleged violation and, if the person does	18968
not submit to the test or tests within that two-hour time limit,	18969
the failure to submit automatically constitutes a refusal to	18970
submit to the test or tests.	18971

(B) If a person is under arrest as described in division (A)	18972
of this section, before the person may be requested to submit to a	18973
chemical test or tests to determine the alcohol, drug of abuse,	18974
controlled substance, metabolite of a controlled substance, or	18975
combination content of the person's whole blood, blood serum or	18976
plasma, breath, or urine, the arresting officer shall read the	18977
following form to the person:	18978

"You now are under arrest for (specifically state the offense	18979
under state law or a substantially equivalent municipal ordinance	18980
or township resolution for which the person was arrested -	18981
operating a vehicle under the influence of alcohol, a drug, or a	18982
combination of them; operating a vehicle while under the influence	18983
of a listed controlled substance or a listed metabolite of a	18984
controlled substance; operating a vehicle after underage alcohol	18985
consumption; or having physical control of a vehicle while under	18986
the influence).	18987

If you refuse to take any chemical test required by law, your	18988
Ohio driving privileges will be suspended immediately, and you	18989
will have to pay a fee to have the privileges reinstated. If you	18990
have a prior conviction of OVI, OVUAC, or operating a vehicle	18991
while under the influence of a listed controlled substance or a	18992
listed metabolite of a controlled substance under state or	18993
municipal law within the preceding twenty years, you now are under	18994
arrest for state OVI, and, if you refuse to take a chemical test,	18995
you will face increased penalties if you subsequently are	18996
convicted of the state OVI.	18997

(Read this part unless the person is under arrest for solely	18998
having physical control of a vehicle while under the influence.)	18999
If you take any chemical test required by law and are found to be	19000
at or over the prohibited amount of alcohol, a controlled	19001
substance, or a metabolite of a controlled substance in your whole	19002
blood, blood serum or plasma, breath, or urine as set by law, your	19003
Ohio driving privileges will be suspended immediately, and you	19004
will have to pay a fee to have the privileges reinstated.	19005

If you take a chemical test, you may have an independent	19006
chemical test taken at your own expense."	19007

(C) If the arresting law enforcement officer does not ask a	19008
person under arrest as described in division (A) of this section	19009
to submit to a chemical test or tests under section 4511.191 of	19010
the Revised Code, the arresting officer shall seize the Ohio or	19011
out-of-state driver's or commercial driver's license or permit of	19012
the person and immediately forward it to the court in which the	19013
arrested person is to appear on the charge. If the arrested person	19014
is not in possession of the person's license or permit or it is	19015
not in the person's vehicle, the officer shall order the person to	19016
surrender it to the law enforcement agency that employs the	19017
officer within twenty-four hours after the arrest, and, upon the	19018
surrender, the agency immediately shall forward the license or	19019
permit to the court in which the person is to appear on the	19020
charge. Upon receipt of the license or permit, the court shall	19021
retain it pending the arrested person's initial appearance and any	19022
action taken under section 4511.196 of the Revised Code.	19023

(D)(1) If a law enforcement officer asks a person under	19024
arrest as described in division (A) of this section to submit to a	19025
chemical test or tests under section 4511.191 of the Revised Code,	19026
if the officer advises the person in accordance with this section	19027
of the consequences of the person's refusal or submission, and if	19028
either the person refuses to submit to the test or tests or,	19029
unless the arrest was for a violation of section 4511.194 of the	19030
Revised Code or a substantially equivalent municipal ordinance or	19031
township resolution, the person submits to the test or tests and	19032
the test results indicate a prohibited concentration of alcohol, a	19033
controlled substance, or a metabolite of a controlled substance in	19034
the person's whole blood, blood serum or plasma, breath, or urine	19035
at the time of the alleged offense, the arresting officer shall do	19036
all of the following:	19037

(a) On behalf of the registrar of motor vehicles, notify the	19038
person that, independent of any penalties or sanctions imposed	19039
upon the person, the person's Ohio driver's or commercial driver's	19040
license or permit or nonresident operating privilege is suspended	19041
immediately, that the suspension will last at least until the	19042
person's initial appearance on the charge, which will be held	19043
within five days after the date of the person's arrest or the	19044
issuance of a citation to the person, and that the person may	19045
appeal the suspension at the initial appearance or during the	19046
period of time ending thirty days after that initial appearance;	19047

(b) Seize the driver's or commercial driver's license or	19048
permit of the person and immediately forward it to the registrar.	19049
If the arrested person is not in possession of the person's	19050
license or permit or it is not in the person's vehicle, the	19051
officer shall order the person to surrender it to the law	19052
enforcement agency that employs the officer within twenty-four	19053
hours after the person is given notice of the suspension, and,	19054
upon the surrender, the officer's employing agency immediately	19055
shall forward the license or permit to the registrar.	19056

(c) Verify the person's current residence and, if it differs	19057
from that on the person's driver's or commercial driver's license	19058
or permit, notify the registrar of the change;	19059

(d) Send to the registrar, within forty-eight hours after the	19060
arrest of the person, a sworn report that includes all of the	19061
following statements:	19062

(i) That the officer had reasonable grounds to believe that,	19063
at the time of the arrest, the arrested person was operating a	19064
vehicle, streetcar, or trackless trolley in violation of division	19065
(A) or (B) of section 4511.19 of the Revised Code or a municipal	19066
OVI ordinance or for being in physical control of a stationary	19067
vehicle, streetcar, or trackless trolley in violation of section	19068
4511.194 of the Revised Code or a substantially equivalent	19069
municipal ordinance or township resolution;	19070

(ii) That the person was arrested and charged with a	19071
violation of division (A) or (B) of section 4511.19 of the Revised	19072
Code, section 4511.194 of the Revised Code or a substantially	19073
equivalent municipal ordinance or township resolution, or a	19074
municipal OVI ordinance or township OVI resolution;	19075

(iii) That the officer asked the person to take the	19076
designated chemical test or tests, advised the person in	19077
accordance with this section of the consequences of submitting to,	19078
or refusing to take, the test or tests, and gave the person the	19079
form described in division (B) of this section;	19080

(iv) That either the person refused to submit to the chemical	19081
test or tests or, unless the arrest was for a violation of section	19082
4511.194 of the Revised Code or a substantially equivalent	19083
municipal ordinance or township resolution, the person submitted	19084
to the chemical test or tests and the test results indicate a	19085
prohibited concentration of alcohol, a controlled substance, or a	19086
metabolite of a controlled substance in the person's whole blood,	19087
blood serum or plasma, breath, or urine at the time of the alleged	19088
offense.	19089

(2) Division (D)(1) of this section does not apply to a	19090
person who is arrested for a violation of section 4511.194 of the	19091
Revised Code or a substantially equivalent municipal ordinance or	19092
township resolution, who is asked by a law enforcement officer to	19093
submit to a chemical test or tests under section 4511.191 of the	19094
Revised Code, and who submits to the test or tests, regardless of	19095
the amount of alcohol, a controlled substance, or a metabolite of	19096
a controlled substance that the test results indicate is present	19097
in the person's whole blood, blood serum or plasma, breath, or	19098
urine.	19099

(E) The arresting officer shall give the officer's sworn	19100
report that is completed under this section to the arrested person	19101
at the time of the arrest, or the registrar of motor vehicles	19102
shall send the report to the person by regular first class mail as	19103
soon as possible after receipt of the report, but not later than	19104
fourteen days after receipt of it. An arresting officer may give	19105
an unsworn report to the arrested person at the time of the arrest	19106
provided the report is complete when given to the arrested person	19107
and subsequently is sworn to by the arresting officer. As soon as	19108
possible, but not later than forty-eight hours after the arrest of	19109
the person, the arresting officer shall send a copy of the sworn	19110
report to the court in which the arrested person is to appear on	19111
the charge for which the person was arrested.	19112

(F) The sworn report of an arresting officer completed under	19113
this section is prima-facie proof of the information and	19114
statements that it contains. It shall be admitted and considered	19115
as prima-facie proof of the information and statements that it	19116
contains in any appeal under section 4511.197 of the Revised Code	19117
relative to any suspension of a person's driver's or commercial	19118
driver's license or permit or nonresident operating privilege that	19119
results from the arrest covered by the report.	19120

Sec. 4511.193. (A) ~~Twenty-five~~Subject to division (F)(2) of	19121
section 1901.31 of the Revised Code, twenty-five dollars of any	19122
fine imposed for a violation of a municipal OVI ordinance or	19123
township OVI resolution shall be deposited into the municipal or	19124
county indigent drivers alcohol treatment fund created pursuant	19125
to division (H) of section 4511.191 of the Revised Code in	19126
accordance with this section and section 733.40, divisions (A)	19127
and (B) of section 1901.024, division (F) of section 1901.31, or	19128
division (C) of section 1907.20 of the Revised Code. Regardless	19129
of whether the fine is imposed by a municipal court, a ~~mayor's~~	19130
community court, or a juvenile court, if the fine was imposed for	19131
a violation of an ordinance of a municipal corporation or	19132
resolution of a township that is within the jurisdiction of a	19133
municipal court, the twenty-five dollars that is subject to this	19134
section shall be deposited into the indigent drivers alcohol	19135
treatment fund of the municipal corporation in which is located	19136
the municipal court that has jurisdiction over that municipal	19137
corporation. Regardless of whether the fine is imposed by a county	19138
court, a ~~mayor's~~community court, or a juvenile court, if the	19139
fine was imposed for a violation of an ordinance of a municipal	19140
corporation or resolution of a township that is within the	19141
jurisdiction of a county court, the twenty-five dollars that is	19142
subject to this section shall be deposited into the indigent	19143
drivers alcohol treatment fund of the county in which is located	19144
the county court that has jurisdiction over that municipal	19145
corporation. The deposit shall be made in accordance with section	19146
733.40, divisions (A) and (B) of section 1901.024, division (F) of	19147
section 1901.31, or division (C) of section 1907.20 of the Revised	19148
Code.	19149

(B)(1) The requirements and sanctions imposed by divisions	19150
(B)(1) and (2) of this section are an adjunct to and derive from	19151
the state's exclusive authority over the registration and titling	19152
of motor vehicles and do not comprise a part of the criminal	19153
sentence to be imposed upon a person who violates a municipal OVI	19154
ordinance or township OVI resolution.	19155

(2) If a person is convicted of or pleads guilty to a	19156
violation of a municipal OVI ordinance or township OVI resolution,	19157
if the vehicle the offender was operating at the time of the	19158
offense is registered in the offender's name, and if, within six	19159
years of the current offense, the offender has been convicted of	19160
or pleaded guilty to one or more violations of division (A) or (B)	19161
of section 4511.19 of the Revised Code or one or more other	19162
equivalent offenses, the court, in addition to and independent of	19163
any sentence that it imposes upon the offender for the offense,	19164
shall do whichever of the following is applicable:	19165

(a) Except as otherwise provided in division (B)(2)(b) of	19166
this section, if, within six years of the current offense, the	19167
offender has been convicted of or pleaded guilty to one violation	19168
described in division (B)(2) of this section, the court shall	19169
order the immobilization for ninety days of that vehicle and the	19170
impoundment for ninety days of the license plates of that vehicle.	19171
The order for the immobilization and impoundment shall be issued	19172
and enforced in accordance with section 4503.233 of the Revised	19173
Code.	19174

(b) If, within six years of the current offense, the offender	19175
has been convicted of or pleaded guilty to two or more violations	19176
described in division (B)(2) of this section, or if the offender	19177
previously has been convicted of or pleaded guilty to a violation	19178
of division (A) of section 4511.19 of the Revised Code under	19179
circumstances in which the violation was a felony and regardless	19180
of when the violation and the conviction or guilty plea occurred,	19181
the court shall order the criminal forfeiture to the state of that	19182
vehicle. The order of criminal forfeiture shall be issued and	19183
enforced in accordance with section 4503.234 of the Revised Code.	19184

Sec. 4511.194. (A) As used in this section:

19185

(1) "National highway traffic safety administration" has the	19186
same meaning as in section 4511.19 of the Revised Code.	19187

(2) "Physical control" means being in the driver's position	19188
of the front seat of a vehicle or in the driver's position of a	19189
streetcar or trackless trolley and having possession of the	19190
vehicle's, streetcar's, or trackless trolley's ignition key or	19191
other ignition device.	19192

(B) No person shall be in physical control of a vehicle,	19193
streetcar, or trackless trolley if, at the time of the physical	19194
control, any of the following apply:	19195

(1) The person is under the influence of alcohol, a drug of	19196
abuse, or a combination of them.	19197

(2) The person's whole blood, blood serum or plasma, breath,	19198
or urine contains at least the concentration of alcohol specified	19199
in division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	19200
Revised Code.	19201

(3) Except as provided in division (E) of this section, the	19202
person has a concentration of a listed controlled substance or a	19203
listed metabolite of a controlled substance in the person's whole	19204
blood, blood serum or plasma, or urine that equals or exceeds the	19205
concentration specified in division (A)(1)(j) of section 4511.19	19206
of the Revised Code.	19207

(C)(1) In any criminal prosecution or juvenile court	19208
proceeding for a violation of this section or a substantially	19209
equivalent municipal ordinance or township resolution, if a law	19210
enforcement officer has administered a field sobriety test to the	19211
person in physical control of the vehicle involved in the	19212
violation and if it is shown by clear and convincing evidence that	19213
the officer administered the test in substantial compliance with	19214
the testing standards for any reliable, credible, and generally	19215
accepted field sobriety tests that were in effect at the time the	19216
tests were administered, including, but not limited to, any	19217
testing standards then in effect that were set by the national	19218
highway traffic safety administration, all of the following apply:	19219

(a) The officer may testify concerning the results of the	19220
field sobriety test so administered.	19221

(b) The prosecution may introduce the results of the field	19222
sobriety test so administered as evidence in any proceedings in	19223
the criminal prosecution or juvenile court proceeding.	19224

(c) If testimony is presented or evidence is introduced under	19225
division (C)(1)(a) or (b) of this section and if the testimony or	19226
evidence is admissible under the Rules of Evidence, the court	19227
shall admit the testimony or evidence, and the trier of fact shall	19228
give it whatever weight the trier of fact considers to be	19229
appropriate.	19230

(2) Division (C)(1) of this section does not limit or	19231
preclude a court, in its determination of whether the arrest of a	19232
person was supported by probable cause or its determination of any	19233
other matter in a criminal prosecution or juvenile court	19234
proceeding of a type described in that division, from considering	19235
evidence or testimony that is not otherwise disallowed by division	19236
(C)(1) of this section.	19237

(D) Whoever violates this section is guilty of having	19238
physical control of a vehicle while under the influence, a	19239
misdemeanor of the first degree. In addition to other sanctions	19240
imposed, the court may impose on the offender a class seven	19241
suspension of the offender's driver's license, commercial driver's	19242
license, temporary instruction permit, probationary license, or	19243
nonresident operating privilege from the range specified in	19244
division (A)(7) of section 4510.02 of the Revised Code.	19245

(E) Division (B)(3) of this section does not apply to a	19246
person who is in physical control of a vehicle, streetcar, or	19247
trackless trolley while the person has a concentration of a listed	19248
controlled substance or a listed metabolite of a controlled	19249
substance in the person's whole blood, blood serum or plasma, or	19250
urine that equals or exceeds the amount specified in division	19251
(A)(1)(j) of section 4511.19 of the Revised Code, if both of the	19252
following apply:	19253

(1) The person obtained the controlled substance pursuant to	19254
a prescription issued by a licensed health professional authorized	19255
to prescribe drugs.	19256

(2) The person injected, ingested, or inhaled the controlled	19257
substance in accordance with the health professional's directions.	19258

Sec. 4511.195. (A) As used in this section:

19259

(1) "Arrested person" means a person who is arrested for a	19260
violation of division (A) of section 4511.19 of the Revised Code	19261
or a municipal OVI ordinance or township OVI resolution and whose	19262
arrest results in a vehicle being seized under division (B) of	19263
this section.	19264

(2) "Vehicle owner" means either of the following:

19265

(a) The person in whose name is registered, at the time of	19266
the seizure, a vehicle that is seized under division (B) of this	19267
section;	19268

(b) A person to whom the certificate of title to a vehicle	19269
that is seized under division (B) of this section has been	19270
assigned and who has not obtained a certificate of title to the	19271
vehicle in that person's name, but who is deemed by the court as	19272
being the owner of the vehicle at the time the vehicle was seized	19273
under division (B) of this section.	19274

(3) "Interested party" includes the owner of a vehicle seized	19275
under this section, all lienholders, the arrested person, the	19276
owner of the place of storage at which a vehicle seized under this	19277
section is stored, and the person or entity that caused the	19278
vehicle to be removed.	19279

(B)(1) The arresting officer or another officer of the law	19280
enforcement agency that employs the arresting officer, in addition	19281
to any action that the arresting officer is required or authorized	19282
to take by section 4511.19 or 4511.191 of the Revised Code or by	19283
any other provision of law, shall seize the vehicle that a person	19284
was operating at the time of the alleged offense and its license	19285
plates if the vehicle is registered in the arrested person's name	19286
and if either of the following applies:	19287

(a) The person is arrested for a violation of division (A) of	19288
section 4511.19 of the Revised Code or of a municipal OVI	19289
ordinance or township OVI resolution and, within six years of the	19290
alleged violation, the person previously has been convicted of or	19291
pleaded guilty to one or more violations of division (A) or (B) of	19292
section 4511.19 of the Revised Code or one or more other	19293
equivalent offenses.	19294

(b) The person is arrested for a violation of division (A) of	19295
section 4511.19 of the Revised Code or of a municipal OVI	19296
ordinance or township OVI resolution and the person previously has	19297
been convicted of or pleaded guilty to a violation of division (A)	19298
of section 4511.19 of the Revised Code under circumstances in	19299
which the violation was a felony, regardless of when the prior	19300
felony violation of division (A) of section 4511.19 of the Revised	19301
Code and the conviction or guilty plea occurred.	19302

(2) A law enforcement agency that employs a law enforcement	19303
officer who makes an arrest of a type that is described in	19304
division (B)(1) of this section and that involves a rented or	19305
leased vehicle that is being rented or leased for a period of	19306
thirty days or less shall notify, within twenty-four hours after	19307
the officer makes the arrest, the lessor or owner of the vehicle	19308
regarding the circumstances of the arrest and the location at	19309
which the vehicle may be picked up. At the time of the seizure of	19310
the vehicle, the law enforcement officer who made the arrest shall	19311
give the arrested person written notice that the vehicle and its	19312
license plates have been seized; that the vehicle either will be	19313
kept by the officer's law enforcement agency or will be	19314
immobilized at least until the operator's initial appearance on	19315
the charge of the offense for which the arrest was made; that, at	19316
the initial appearance, the court in certain circumstances may	19317
order that the vehicle and license plates be released to the	19318
arrested person until the disposition of that charge; and that, if	19319
the arrested person is convicted of that charge, the court	19320
generally must order the immobilization of the vehicle and the	19321
impoundment of its license plates, or the forfeiture of the	19322
vehicle.	19323

(3) The arresting officer or a law enforcement officer of the	19324
agency that employs the arresting officer shall give written	19325
notice of the seizure to the court that will conduct the initial	19326
appearance of the arrested person on the charges arising out of	19327
the arrest. Upon receipt of the notice, the court promptly shall	19328
determine whether the arrested person is the vehicle owner. If the	19329
court determines that the arrested person is not the vehicle	19330
owner, it promptly shall send by regular mail written notice of	19331
the seizure to the vehicle's registered owner. The written notice	19332
shall contain all of the information required by division (B)(2)	19333
of this section to be in a notice to be given to the arrested	19334
person and also shall specify the date, time, and place of the	19335
arrested person's initial appearance. The notice also shall	19336
inform the vehicle owner that if title to a motor vehicle that is	19337
subject to an order for criminal forfeiture under this section is	19338
assigned or transferred and division (B)(2) or (3) of section	19339
4503.234 of the Revised Code applies, the court may fine the	19340
arrested person the value of the vehicle. The notice also shall	19341
state that if the vehicle is immobilized under division (A) of	19342
section 4503.233 of the Revised Code, seven days after the end of	19343
the period of immobilization a law enforcement agency will send	19344
the vehicle owner a notice, informing the owner that if the	19345
release of the vehicle is not obtained in accordance with division	19346
(D)(3) of section 4503.233 of the Revised Code, the vehicle shall	19347
be forfeited. The notice also shall inform the vehicle owner that	19348
the vehicle owner may be charged expenses or charges incurred	19349
under this section and section 4503.233 of the Revised Code for	19350
the removal and storage of the vehicle.	19351

The written notice that is given to the arrested person also	19352
shall state that if the person is convicted of or pleads guilty to	19353
the offense and the court issues an immobilization and impoundment	19354
order relative to that vehicle, division (D)(4) of section	19355
4503.233 of the Revised Code prohibits the vehicle from being sold	19356
during the period of immobilization without the prior approval of	19357
the court.	19358

(4) At or before the initial appearance, the vehicle owner	19359
may file a motion requesting the court to order that the vehicle	19360
and its license plates be released to the vehicle owner. Except as	19361
provided in this division and subject to the payment of expenses	19362
or charges incurred in the removal and storage of the vehicle, the	19363
court, in its discretion, then may issue an order releasing the	19364
vehicle and its license plates to the vehicle owner. Such an order	19365
may be conditioned upon such terms as the court determines	19366
appropriate, including the posting of a bond in an amount	19367
determined by the court. If the arrested person is not the vehicle	19368
owner and if the vehicle owner is not present at the arrested	19369
person's initial appearance, and if the court believes that the	19370
vehicle owner was not provided with adequate notice of the initial	19371
appearance, the court, in its discretion, may allow the vehicle	19372
owner to file a motion within seven days of the initial	19373
appearance. If the court allows the vehicle owner to file such a	19374
motion after the initial appearance, the extension of time granted	19375
by the court does not extend the time within which the initial	19376
appearance is to be conducted. If the court issues an order for	19377
the release of the vehicle and its license plates, a copy of the	19378
order shall be made available to the vehicle owner. If the vehicle	19379
owner presents a copy of the order to the law enforcement agency	19380
that employs the law enforcement officer who arrested the arrested	19381
person, the law enforcement agency promptly shall release the	19382
vehicle and its license plates to the vehicle owner upon payment	19383
by the vehicle owner of any expenses or charges incurred in the	19384
removal and storage of the vehicle.	19385

(5) A vehicle seized under division (B)(1) of this section	19386
either shall be towed to a place specified by the law enforcement	19387
agency that employs the arresting officer to be safely kept by the	19388
agency at that place for the time and in the manner specified in	19389
this section or shall be otherwise immobilized for the time and in	19390
the manner specified in this section. A law enforcement officer of	19391
that agency shall remove the identification license plates of the	19392
vehicle, and they shall be safely kept by the agency for the time	19393
and in the manner specified in this section. No vehicle that is	19394
seized and either towed or immobilized pursuant to this division	19395
shall be considered contraband for purposes of Chapter 2981. of	19396
the Revised Code. The vehicle shall not be immobilized at any	19397
place other than a commercially operated private storage lot, a	19398
place owned by a law enforcement agency or other government	19399
agency, or a place to which one of the following applies:	19400

(a) The place is leased by or otherwise under the control of	19401
a law enforcement agency or other government agency.	19402

(b) The place is owned by the vehicle operator, the vehicle	19403
operator's spouse, or a parent or child of the vehicle operator.	19404

(c) The place is owned by a private person or entity, and,	19405
prior to the immobilization, the private entity or person that	19406
owns the place, or the authorized agent of that private entity or	19407
person, has given express written consent for the immobilization	19408
to be carried out at that place.	19409

(d) The place is a street or highway on which the vehicle is	19410
parked in accordance with the law.	19411

(C)(1) A vehicle seized under division (B) of this section	19412
shall be safely kept at the place to which it is towed or	19413
otherwise moved by the law enforcement agency that employs the	19414
arresting officer until the initial appearance of the arrested	19415
person relative to the charge in question. The license plates of	19416
the vehicle that are removed pursuant to division (B) of this	19417
section shall be safely kept by the law enforcement agency that	19418
employs the arresting officer until the initial appearance of the	19419
arrested person relative to the charge in question.	19420

(2)(a) At the initial appearance or not less than seven days	19421
prior to the date of final disposition, the court shall notify the	19422
arrested person that, if title to a motor vehicle that is subject	19423
to an order for criminal forfeiture under this section is assigned	19424
or transferred and division (B)(2) or (3) of section 4503.234 of	19425
the Revised Code applies, the court may fine the arrested person	19426
the value of the vehicle. If, at the initial appearance, the	19427
arrested person pleads guilty to the violation of division (A) of	19428
section 4511.19 of the Revised Code or of the municipal OVI	19429
ordinance or township OVI resolution or pleads no contest to and	19430
is convicted of the violation, the court shall impose sentence	19431
upon the person as provided by law or ordinance; the court shall	19432
order the immobilization of the vehicle the arrested person was	19433
operating at the time of the offense if registered in the arrested	19434
person's name and the impoundment of its license plates under	19435
section 4503.233 and section 4511.19 or 4511.193 of the Revised	19436
Code or the criminal forfeiture to the state of the vehicle if	19437
registered in the arrested person's name under section 4503.234	19438
and section 4511.19 or 4511.193 of the Revised Code, whichever is	19439
applicable; and the vehicle and its license plates shall not be	19440
returned or released to the arrested person.	19441

(b) If, at any time, the charge that the arrested person	19442
violated division (A) of section 4511.19 of the Revised Code or	19443
the municipal OVI ordinance or township OVI resolution is	19444
dismissed for any reason, the court shall order that the vehicle	19445
seized at the time of the arrest and its license plates	19446
immediately be released to the person.	19447

(D) If a vehicle and its license plates are seized under	19448
division (B) of this section and are not returned or released to	19449
the arrested person pursuant to division (C) of this section, the	19450
vehicle and its license plates shall be retained until the final	19451
disposition of the charge in question. Upon the final disposition	19452
of that charge, the court shall do whichever of the following is	19453
applicable:	19454

(1) If the arrested person is convicted of or pleads guilty	19455
to the violation of division (A) of section 4511.19 of the Revised	19456
Code or of the municipal OVI ordinance or township OVI resolution,	19457
the court shall impose sentence upon the person as provided by law	19458
or, ordinance, or resolution and shall order the immobilization of	19459
the vehicle the person was operating at the time of the offense if	19460
it is registered in the arrested person's name and the impoundment	19461
of its license plates under section 4503.233 and section 4511.19	19462
or 4511.193 of the Revised Code, or the criminal forfeiture of the	19463
vehicle if it is registered in the arrested person's name under	19464
section 4503.234 and section 4511.19 or 4511.193 of the Revised	19465
Code, whichever is applicable.	19466

(2) If the arrested person is found not guilty of the	19467
violation of division (A) of section 4511.19 of the Revised Code	19468
or of the municipal OVI ordinance or township OVI resolution, the	19469
court shall order that the vehicle and its license plates	19470
immediately be released to the arrested person.	19471

(3) If the charge that the arrested person violated division	19472
(A) of section 4511.19 of the Revised Code or the municipal OVI	19473
ordinance or township OVI resolution is dismissed for any reason,	19474
the court shall order that the vehicle and its license plates	19475
immediately be released to the arrested person.	19476

(4) If the impoundment of the vehicle was not authorized	19477
under this section, the court shall order that the vehicle and its	19478
license plates be returned immediately to the arrested person or,	19479
if the arrested person is not the vehicle owner, to the vehicle	19480
owner, and shall order that the state or political subdivision of	19481
the law enforcement agency served by the law enforcement officer	19482
who seized the vehicle pay all expenses and charges incurred in	19483
its removal and storage.	19484

(E) If a vehicle is seized under division (B) of this	19485
section, the time between the seizure of the vehicle and either	19486
its release to the arrested person under division (C) of this	19487
section or the issuance of an order of immobilization of the	19488
vehicle under section 4503.233 of the Revised Code shall be	19489
credited against the period of immobilization ordered by the	19490
court.	19491

(F)(1) Except as provided in division (D)(4) of this section,	19492
the arrested person may be charged expenses or charges incurred in	19493
the removal and storage of the immobilized vehicle. The court with	19494
jurisdiction over the case, after notice to all interested	19495
parties, including lienholders, and after an opportunity for them	19496
to be heard, if the court finds that the arrested person does not	19497
intend to seek release of the vehicle at the end of the period of	19498
immobilization under section 4503.233 of the Revised Code or that	19499
the arrested person is not or will not be able to pay the expenses	19500
and charges incurred in its removal and storage, may order that	19501
title to the vehicle be transferred, in order of priority, first	19502
into the name of the person or entity that removed it, next into	19503
the name of a lienholder, or lastly into the name of the owner of	19504
the place of storage.	19505

Any lienholder that receives title under a court order shall	19506
do so on the condition that it pay any expenses or charges	19507
incurred in the vehicle's removal and storage. If the person or	19508
entity that receives title to the vehicle is the person or entity	19509
that removed it, the person or entity shall receive title on the	19510
condition that it pay any lien on the vehicle. The court shall not	19511
order that title be transferred to any person or entity other than	19512
the owner of the place of storage if the person or entity refuses	19513
to receive the title. Any person or entity that receives title	19514
either may keep title to the vehicle or may dispose of the vehicle	19515
in any legal manner that it considers appropriate, including	19516
assignment of the certificate of title to the motor vehicle to a	19517
salvage dealer or a scrap metal processing facility. The person or	19518
entity shall not transfer the vehicle to the person who is the	19519
vehicle's immediate previous owner.	19520

If the person or entity that receives title assigns the motor	19521
vehicle to a salvage dealer or scrap metal processing facility,	19522
the person or entity shall send the assigned certificate of title	19523
to the motor vehicle to the clerk of the court of common pleas of	19524
the county in which the salvage dealer or scrap metal processing	19525
facility is located. The person or entity shall mark the face of	19526
the certificate of title with the words "FOR DESTRUCTION" and	19527
shall deliver a photocopy of the certificate of title to the	19528
salvage dealer or scrap metal processing facility for its records.	19529

(2) Whenever a court issues an order under division (F)(1) of	19530
this section, the court also shall order removal of the license	19531
plates from the vehicle and cause them to be sent to the registrar	19532
of motor vehicles if they have not already been sent to the	19533
registrar. Thereafter, no further proceedings shall take place	19534
under this section or under section 4503.233 of the Revised Code.	19535

(3) Prior to initiating a proceeding under division (F)(1) of	19536
this section, and upon payment of the fee under division (B) of	19537
section 4505.14 of the Revised Code, any interested party may	19538
cause a search to be made of the public records of the bureau of	19539
motor vehicles or the clerk of the court of common pleas, to	19540
ascertain the identity of any lienholder of the vehicle. The	19541
initiating party shall furnish this information to the clerk of	19542
the court with jurisdiction over the case, and the clerk shall	19543
provide notice to the arrested person, any lienholder, and any	19544
other interested parties listed by the initiating party, at the	19545
last known address supplied by the initiating party, by certified	19546
mail or, at the option of the initiating party, by personal	19547
service or ordinary mail.	19548

Sec. 4511.196. (A) If a person is arrested for being in	19549
physical control of a vehicle, streetcar, or trackless trolley in	19550
violation of section 4511.194 of the Revised Code or a	19551
substantially equivalent municipal ordinance or township	19552
resolution, or for operating a vehicle, streetcar, or trackless	19553
trolley in violation of division (A) or (B) of section 4511.19 of	19554
the Revised Code or a municipal OVI ordinance or township OVI	19555
resolution, regardless of whether the person's driver's or	19556
commercial driver's license or permit or nonresident operating	19557
privilege is or is not suspended under section 4511.191 of the	19558
Revised Code, the person's initial appearance on the charge	19559
resulting from the arrest shall be held within five days of the	19560
person's arrest or the issuance of the citation to the person.	19561

(B)(1) If a person is arrested as described in division (A)	19562
of this section, if the person's driver's or commercial driver's	19563
license or permit or nonresident operating privilege has been	19564
suspended under section 4511.191 of the Revised Code in relation	19565
to that arrest, if the person appeals the suspension in accordance	19566
with section 4511.197 of the Revised Code, and if the judge,	19567
magistrate, or mayor terminates the suspension in accordance with	19568
that section, the judge, magistrate, or mayor, at any time prior	19569
to adjudication on the merits of the charge resulting from the	19570
arrest, may impose a new suspension of the person's license,	19571
permit, or nonresident operating privilege, notwithstanding the	19572
termination, if the judge, magistrate, or mayor determines that	19573
the person's continued driving will be a threat to public safety.	19574

(2) If a person is arrested as described in division (A) of	19575
this section and if the person's driver's or commercial driver's	19576
license or permit or nonresident operating privilege has not been	19577
suspended under section 4511.191 of the Revised Code in relation	19578
to that arrest, the judge, magistrate, or mayor, at any time prior	19579
to the adjudication on the merits of the charge resulting from the	19580
arrest, may impose a suspension of the person's license, permit,	19581
or nonresident operating privilege if the judge, magistrate, or	19582
mayor determines that the person's continued driving will be a	19583
threat to public safety.	19584

(C) A suspension under division (B)(1) or (2) of this section	19585
shall continue until the complaint on the charge resulting from	19586
the arrest is adjudicated on the merits. A court that imposes a	19587
suspension under division (B)(2) of this section shall send the	19588
person's driver's license or permit to the registrar of motor	19589
vehicles. If the court possesses the license or permit of a person	19590
in the category described in division (B)(2) of this section and	19591
the court does not impose a suspension under that division, the	19592
court shall return the license or permit to the person if the	19593
license or permit has not otherwise been suspended or cancelled.	19594

Any time during which the person serves a suspension of the	19595
person's license, permit, or privilege that is imposed pursuant to	19596
division (B)(1) or (2) of this section shall be credited against	19597
any period of judicial suspension of the person's license, permit,	19598
or privilege that is imposed under division (G) of section 4511.19	19599
of the Revised Code or under section 4510.07 of the Revised Code	19600
for a violation of a municipal ordinance substantially equivalent	19601
to division (A) of section 4511.19 of the Revised Code.	19602

(D) If a person is arrested and charged with a violation of	19603
section 2903.08 of the Revised Code or a violation of section	19604
2903.06 of the Revised Code that is a felony offense, the judge at	19605
the person's initial appearance, preliminary hearing, or	19606
arraignment may suspend the person's driver's or commercial	19607
driver's license or permit or nonresident operating privilege if	19608
the judge determines at any of those proceedings that the person's	19609
continued driving will be a threat to public safety.	19610

A suspension imposed under this division shall continue until	19611
the indictment or information alleging the violation specified in	19612
this division is adjudicated on the merits. A court that imposes a	19613
suspension under this division shall send the person's driver's or	19614
commercial driver's license or permit to the registrar.	19615

Sec. 4511.197. (A) If a person is arrested for operating a	19616
vehicle, streetcar, or trackless trolley in violation of division	19617
(A) or (B) of section 4511.19 of the Revised Code or a municipal	19618
OVI ordinance or township OVI resolution or for being in physical	19619
control of a vehicle, streetcar, or trackless trolley in violation	19620
of section 4511.194 of the Revised Code or a substantially	19621
equivalent municipal ordinance or township resolution and if the	19622
person's driver's or commercial driver's license or permit or	19623
nonresident operating privilege is suspended under section	19624
4511.191 of the Revised Code, the person may appeal the	19625
suspension at the person's initial appearance on the charge	19626
resulting from the arrest or within the period ending thirty days	19627
after the person's initial appearance on that charge, in the court	19628
in which the person will appear on that charge. If the person	19629
appeals the suspension, the appeal itself does not stay the	19630
operation of the suspension. If the person appeals the suspension,	19631
either the person or the registrar of motor vehicles may request a	19632
continuance of the appeal, and the court may grant the	19633
continuance. The court also may continue the appeal on its own	19634
motion. Neither the request for, nor the granting of, a	19635
continuance stays the suspension that is the subject of the	19636
appeal, unless the court specifically grants a stay.	19637

(B) A person shall file an appeal under division (A) of this	19638
section in the municipal court, county court, juvenile court,	19639
~~mayor's~~community court, or court of common pleas that has	19640
jurisdiction over the charge in relation to which the person was	19641
arrested.	19642

(C) If a person appeals a suspension under division (A) of	19643
this section, the scope of the appeal is limited to determining	19644
whether one or more of the following conditions have not been met:	19645

(1) Whether the arresting law enforcement officer had	19646
reasonable ground to believe the arrested person was operating a	19647
vehicle, streetcar, or trackless trolley in violation of division	19648
(A) or (B) of section 4511.19 of the Revised Code or a municipal	19649
OVI ordinance or township OVI resolution or was in physical	19650
control of a vehicle, streetcar, or trackless trolley in violation	19651
of section 4511.194 of the Revised Code or a substantially	19652
equivalent municipal ordinance or township resolution and whether	19653
the arrested person was in fact placed under arrest;	19654

(2) Whether the law enforcement officer requested the	19655
arrested person to submit to the chemical test or tests designated	19656
pursuant to division (A) of section 4511.191 of the Revised Code;	19657

(3) Whether the arresting officer informed the arrested	19658
person of the consequences of refusing to be tested or of	19659
submitting to the test or tests;	19660

(4) Whichever of the following is applicable:

19661

(a) Whether the arrested person refused to submit to the	19662
chemical test or tests requested by the officer;	19663

(b) Whether the arrest was for a violation of division (A) or	19664
(B) of section 4511.19 of the Revised Code or a municipal OVI	19665
ordinance or township OVI resolution and, if it was, whether the	19666
chemical test results indicate that the arrested person's whole	19667
blood contained a concentration of eight-hundredths of one per	19668
cent or more by weight of alcohol, the person's blood serum or	19669
plasma contained a concentration of ninety-six-thousandths of one	19670
per cent or more by weight of alcohol, the person's breath	19671
contained a concentration of eight-hundredths of one gram or more	19672
by weight of alcohol per two hundred ten liters of the person's	19673
breath, or the person's urine contained a concentration of	19674
eleven-hundredths of one gram or more by weight of alcohol per	19675
one hundred milliliters of the person's urine at the time of the	19676
alleged offense.	19677

(D) A person who appeals a suspension under division (A) of	19678
this section has the burden of proving, by a preponderance of the	19679
evidence, that one or more of the conditions specified in division	19680
(C) of this section has not been met. If, during the appeal, the	19681
judge or magistrate of the court ~~or the mayor of the mayor's court~~	19682
determines that all of those conditions have been met, the judge,	19683
or magistrate~~, or mayor~~ shall uphold the suspension, continue the	19684
suspension, and notify the registrar of motor vehicles of the	19685
decision on a form approved by the registrar.	19686

Except as otherwise provided in this section, if a suspension	19687
imposed under section 4511.191 of the Revised Code is upheld on	19688
appeal or if the subject person does not appeal the suspension	19689
under division (A) of this section, the suspension shall continue	19690
until the complaint alleging the violation for which the person	19691
was arrested and in relation to which the suspension was imposed	19692
is adjudicated on the merits or terminated pursuant to law. If the	19693
suspension was imposed under division (B)(1) of section 4511.191	19694
of the Revised Code and it is continued under this section, any	19695
subsequent finding that the person is not guilty of the charge	19696
that resulted in the person being requested to take the chemical	19697
test or tests under division (A) of section 4511.191 of the	19698
Revised Code does not terminate or otherwise affect the	19699
suspension. If the suspension was imposed under division (C) of	19700
section 4511.191 of the Revised Code in relation to an alleged	19701
misdemeanor violation of division (A) or (B) of section 4511.19 of	19702
the Revised Code or of a municipal OVI ordinance or township OVI	19703
resolution and it is continued under this section, the suspension	19704
shall terminate if, for any reason, the person subsequently is	19705
found not guilty of the charge that resulted in the person taking	19706
the chemical test or tests.	19707

If, during the appeal, the judge or magistrate of the trial	19708
court ~~or the mayor of the mayor's court~~ determines that one or	19709
more of the conditions specified in division (C) of this section	19710
have not been met, the judge,or magistrate~~, or mayor~~ shall	19711
terminate the suspension, subject to the imposition of a new	19712
suspension under division (B) of section 4511.196 of the Revised	19713
Code; shall notify the registrar of motor vehicles of the decision	19714
on a form approved by the registrar; and, except as provided in	19715
division (B) of section 4511.196 of the Revised Code, shall order	19716
the registrar to return the driver's or commercial driver's	19717
license or permit to the person or to take any other measures that	19718
may be necessary, if the license or permit was destroyed under	19719
section 4510.53 of the Revised Code, to permit the person to	19720
obtain a replacement driver's or commercial driver's license or	19721
permit from the registrar or a deputy registrar in accordance with	19722
that section. The court also shall issue to the person a court	19723
order, valid for not more than ten days from the date of issuance,	19724
granting the person operating privileges for that period.	19725

(E) Any person whose driver's or commercial driver's license	19726
or permit or nonresident operating privilege has been suspended	19727
pursuant to section 4511.191 of the Revised Code may file a	19728
petition requesting limited driving privileges in the common pleas	19729
court, municipal court, county court, ~~mayor's~~community court, or	19730
juvenile court with jurisdiction over the related criminal or	19731
delinquency case. The petition may be filed at any time	19732
subsequent to the date on which the arresting law enforcement	19733
officer serves the notice of suspension upon the arrested person	19734
but no later than thirty days after the arrested person's initial	19735
appearance or arraignment. Upon the making of the request, limited	19736
driving privileges may be granted under sections 4510.021 and	19737
4510.13 of the Revised Code, regardless of whether the person	19738
appeals the suspension under this section or appeals the decision	19739
of the court on the appeal, and, if the person has so appealed the	19740
suspension or decision, regardless of whether the matter has been	19741
heard or decided by the court. The person shall pay the costs of	19742
the proceeding, notify the registrar of the filing of the	19743
petition, and send the registrar a copy of the petition.	19744

The court may not grant the person limited driving privileges	19745
when prohibited by section 4510.13 or 4511.191 of the Revised	19746
Code.	19747

(F) Any person whose driver's or commercial driver's license	19748
or permit has been suspended under section 4511.19 of the Revised	19749
Code or under section 4510.07 of the Revised Code for a conviction	19750
of a municipal OVI offense or township OVI resolution and who	19751
desires to retain the license or permit during the pendency of an	19752
appeal, at the time sentence is pronounced, shall notify the court	19753
~~of record or mayor's court~~ that suspended the license or permit of	19754
the person's intention to appeal. If the person so notifies the	19755
court, the court~~, mayor,~~ or clerk of the court shall retain the	19756
license or permit until the appeal is perfected, and, if execution	19757
of sentence is stayed, the license or permit shall be returned to	19758
the person to be held by the person during the pendency of the	19759
appeal. If the appeal is not perfected or is dismissed or	19760
terminated in an affirmance of the conviction, then the license	19761
or permit shall be taken up by the court~~, mayor,~~ or clerk, at the	19762
time of putting the sentence into execution, and the court shall	19763
proceed in the same manner as if no appeal was taken.	19764

(G) Except as otherwise provided in this division, if a	19765
person whose driver's or commercial driver's license or permit or	19766
nonresident operating privilege was suspended under section	19767
4511.191 of the Revised Code appeals the suspension under division	19768
(A) of this section, the prosecuting attorney of the county in	19769
which the arrest occurred shall represent the registrar of motor	19770
vehicles in the appeal. If the arrest occurred within a municipal	19771
corporation or urban township within the jurisdiction of the court	19772
in which the appeal is conducted, the ~~city director of law,~~	19773
~~village solicitor, or other~~ chief legal officer of that municipal	19774
corporation or urban township shall represent the registrar. If	19775
the appeal is conducted in a municipal court, the registrar shall	19776
be represented as provided in section 1901.34 of the Revised	19777
Code. If the appeal is conducted in a ~~mayor's~~community court,	19778
the city director of law, village solicitor, or other chief legal	19779
officer of the municipal corporation or urban township that	19780
operates that ~~mayor's~~community court shall represent the	19781
registrar.	19782

(H) The court shall give information in writing of any action	19783
taken under this section to the registrar of motor vehicles.	19784

(I) When it finally has been determined under the procedures	19785
of this section that a nonresident's privilege to operate a	19786
vehicle within this state has been suspended, the registrar of	19787
motor vehicles shall give information in writing of the action	19788
taken to the motor vehicle administrator of the state of the	19789
nonresident's residence and of any state in which the nonresident	19790
has a license.	19791

Sec. 4511.203. (A) No person shall permit a motor vehicle	19792
owned by the person or under the person's control to be driven by	19793
another if any of the following apply:	19794

(1) The offender knows or has reasonable cause to believe	19795
that the other person does not have a valid driver's or commercial	19796
driver's license or permit or valid nonresident driving	19797
privileges.	19798

(2) The offender knows or has reasonable cause to believe	19799
that the other person's driver's or commercial driver's license or	19800
permit or nonresident operating privileges have been suspended or	19801
canceled under Chapter 4510. or any other provision of the Revised	19802
Code.	19803

(3) The offender knows or has reasonable cause to believe	19804
that the other person's act of driving the motor vehicle would	19805
violate any prohibition contained in Chapter 4509. of the Revised	19806
Code.	19807

(4) The offender knows or has reasonable cause to believe	19808
that the other person's act of driving would violate section	19809
4511.19 of the Revised Code or any substantially equivalent	19810
municipal ordinance or township resolution.	19811

(B) Without limiting or precluding the consideration of any	19812
other evidence in determining whether a violation of division	19813
(A)(1), (2), (3), or (4) of this section has occurred, it shall be	19814
prima-facie evidence that the offender knows or has reasonable	19815
cause to believe that the operator of the motor vehicle owned by	19816
the offender or under the offender's control is in a category	19817
described in division (A)(1), (2), (3), or (4) of this section if	19818
any of the following applies:	19819

(1) Regarding an operator allegedly in the category described	19820
in division (A)(1) or (3) of this section, the offender and the	19821
operator of the motor vehicle reside in the same household and are	19822
related by consanguinity or affinity.	19823

(2) Regarding an operator allegedly in the category described	19824
in division (A)(2) of this section, the offender and the operator	19825
of the motor vehicle reside in the same household, and the	19826
offender knows or has reasonable cause to believe that the	19827
operator has been charged with or convicted of any violation of	19828
law or ordinance, or has committed any other act or omission, that	19829
would or could result in the suspension or cancellation of the	19830
operator's license, permit, or privilege.	19831

(3) Regarding an operator allegedly in the category described	19832
in division (A)(4) of this section, the offender and the operator	19833
of the motor vehicle occupied the motor vehicle together at the	19834
time of the offense.	19835

(C) Whoever violates this section is guilty of wrongful	19836
entrustment of a motor vehicle, a misdemeanor of the first degree.	19837
In addition to the penalties imposed under Chapter 2929. of the	19838
Revised Code, the court shall impose a class seven suspension of	19839
the offender's driver's license, commercial driver's license,	19840
temporary instruction permit, probationary license, or nonresident	19841
operating privilege from the range specified in division (A)(7) of	19842
section 4510.02 of the Revised Code, and, if the vehicle involved	19843
in the offense is registered in the name of the offender, the	19844
court shall order one of the following:	19845

(1) Except as otherwise provided in division (C)(2) or (3) of	19846
this section, the court shall order, for thirty days, the	19847
immobilization of the vehicle involved in the offense and the	19848
impoundment of that vehicle's license plates. The order shall be	19849
issued and enforced under section 4503.233 of the Revised Code.	19850

(2) If the offender previously has been convicted of or	19851
pleaded guilty to one violation of this section or a substantially	19852
equivalent municipal ordinance or township resolution, the court	19853
shall order, for sixty days, the immobilization of the vehicle	19854
involved in the offense and the impoundment of that vehicle's	19855
license plates. The order shall be issued and enforced under	19856
section 4503.233 of the Revised Code.	19857

(3) If the offender previously has been convicted of or	19858
pleaded guilty to two or more violations of this section or a	19859
substantially equivalent municipal ordinance or township	19860
resolution, the court shall order the criminal forfeiture to the	19861
state of the vehicle involved in the offense. The order shall be	19862
issued and enforced under section 4503.234 of the Revised Code.	19863

If title to a motor vehicle that is subject to an order for	19864
criminal forfeiture under this division is assigned or transferred	19865
and division (B)(2) or (3) of section 4503.234 of the Revised Code	19866
applies, in addition to or independent of any other penalty	19867
established by law, the court may fine the offender the value of	19868
the vehicle as determined by publications of the national auto	19869
dealer's association. The proceeds from any fine imposed under	19870
this division shall be distributed in accordance with division	19871
(C)(2) of section 4503.234 of the Revised Code.	19872

(D) If a court orders the immobilization of a vehicle under	19873
division (C) of this section, the court shall not release the	19874
vehicle from the immobilization before the termination of the	19875
period of immobilization ordered unless the court is presented	19876
with current proof of financial responsibility with respect to	19877
that vehicle.	19878

(E) If a court orders the criminal forfeiture of a vehicle	19879
under division (C) of this section, upon receipt of the order from	19880
the court, neither the registrar of motor vehicles nor any deputy	19881
registrar shall accept any application for the registration or	19882
transfer of registration of any motor vehicle owned or leased by	19883
the person named in the order. The period of denial shall be five	19884
years after the date the order is issued, unless, during that	19885
five-year period, the court with jurisdiction of the offense that	19886
resulted in the order terminates the forfeiture and notifies the	19887
registrar of the termination. If the court terminates the	19888
forfeiture and notifies the registrar, the registrar shall take	19889
all necessary measures to permit the person to register a vehicle	19890
owned or leased by the person or to transfer the registration of	19891
the vehicle.	19892

(F) This section does not apply to motor vehicle rental	19893
dealers or motor vehicle leasing dealers, as defined in section	19894
4549.65 of the Revised Code.	19895

(G) Evidence of a conviction of, plea of guilty to, or	19896
adjudication as a delinquent child for a violation of this section	19897
or a substantially similar municipal ordinance or township	19898
resolution shall not be admissible as evidence in any civil action	19899
that involves the offender or delinquent child who is the subject	19900
of the conviction, plea, or adjudication and that arises from the	19901
wrongful entrustment of a motor vehicle.	19902

(H) As used in this section, a vehicle is owned by a person	19903
if, at the time of a violation of this section, the vehicle is	19904
registered in the person's name.	19905

Sec. 4511.211. (A) The owner of a private road or driveway	19906
located in a private residential area containing twenty or more	19907
dwelling units may establish a speed limit on the road or driveway	19908
by complying with all of the following requirements:	19909

(1) The speed limit is not less than twenty-five miles per	19910
hour and is indicated by a sign that is in a proper position, is	19911
sufficiently legible to be seen by an ordinarily observant person,	19912
and meets the specifications for the basic speed limit sign	19913
included in the manual adopted by the department of transportation	19914
pursuant to section 4511.09 of the Revised Code;	19915

(2) The owner has posted a sign at the entrance of the	19916
private road or driveway that is in plain view and clearly informs	19917
persons entering the road or driveway that they are entering	19918
private property, a speed limit has been established for the road	19919
or driveway, and the speed limit is enforceable by law enforcement	19920
officers under state law.	19921

(B) No person shall operate a vehicle upon a private road or	19922
driveway as provided in division (A) of this section at a speed	19923
exceeding any speed limit established and posted pursuant to that	19924
division.	19925

(C) When a speed limit is established and posted in	19926
accordance with division (A) of this section, any law enforcement	19927
officer may apprehend a person violating the speed limit of the	19928
residential area by utilizing any of the means described in	19929
section 4511.091 of the Revised Code or by any other accepted	19930
method of determining the speed of a motor vehicle and may stop	19931
and charge the person with exceeding the speed limit.	19932

(D) Points shall be assessed for violation of a speed limit	19933
established and posted in accordance with division (A) of this	19934
section in accordance with section 4510.036 of the Revised Code.	19935

(E) As used in this section:

19936

(1) "Owner" includes but is not limited to a person who holds	19937
title to the real property in fee simple, a condominium owners'	19938
association, a property owner's association, the board of	19939
directors or trustees of a private community, and a nonprofit	19940
corporation governing a private community.	19941

(2) "Private residential area containing twenty or more	19942
dwelling units" does not include a Chautauqua assembly as defined	19943
in section 4511.90 of the Revised Code.	19944

(F) A violation of division (B) of this section is one of the	19945
following:	19946

(1) Except as otherwise provided in divisions (F)(2) and (3)	19947
of this section, a minor misdemeanor;	19948

(2) If, within one year of the offense, the offender	19949
previously has been convicted of or pleaded guilty to two	19950
violations of division (B) of this section or of any municipal	19951
ordinance or township resolution that is substantially similar to	19952
division (B) of this section, a misdemeanor of the fourth degree;	19953

(3) If, within one year of the offense, the offender	19954
previously has been convicted of or pleaded guilty to three or	19955
more violations of division (B) of this section or of any	19956
municipal ordinance or township resolution that is substantially	19957
similar to division (B) of this section, a misdemeanor of the	19958
third degree.	19959

Sec. 4511.512. (A)(1) Electric personal assistive mobility	19960
devices may be operated on the public streets, highways,	19961
sidewalks, and paths and portions of roadways set aside for the	19962
exclusive use of bicycles in accordance with this section.	19963

(2) Except as otherwise provided in this section, those	19964
sections of this chapter that by their nature are applicable to an	19965
electric personal assistive mobility device apply to the device	19966
and the person operating it whenever it is operated upon any	19967
public street, highway, sidewalk, or path or upon any portion of a	19968
roadway set aside for the exclusive use of bicycles.	19969

(3) A local authority may regulate or prohibit the operation	19970
of electric personal assistive mobility devices on public streets,	19971
highways, sidewalks, and paths, and portions of roadways set aside	19972
for the exclusive use of bicycles, under its jurisdiction.	19973

(B) No operator of an electric personal assistive mobility	19974
device shall do any of the following:	19975

(1) Fail to yield the right-of-way to all pedestrians and	19976
human-powered vehicles at all times;	19977

(2) Fail to give an audible signal before overtaking and	19978
passing a pedestrian;	19979

(3) Operate the device at night unless the device or its	19980
operator is equipped with or wearing both of the following:	19981

(a) A lamp pointing to the front that emits a white light	19982
visible from a distance of not less than five hundred feet;	19983

(b) A red reflector facing the rear that is visible from all	19984
distances from one hundred feet to six hundred feet when directly	19985
in front of lawful lower beams of head lamps on a motor vehicle.	19986

(4) Operate the device on any portion of a street or highway	19987
that has an established speed limit of fifty-five miles per hour	19988
or more;	19989

(5) Operate the device upon any path set aside for the	19990
exclusive use of pedestrians or other specialized use when an	19991
appropriate sign giving notice of the specialized use is posted on	19992
the path;	19993

(6) If under eighteen years of age, operate the device unless	19994
wearing a protective helmet on the person's head with the chin	19995
strap properly fastened;	19996

(7) If under sixteen years of age, operate the device unless,	19997
during the operation, the person is under the direct visual and	19998
audible supervision of another person who is eighteen years of age	19999
or older and is responsible for the immediate care of the person	20000
under sixteen years of age.	20001

(C) No person who is under fourteen years of age shall	20002
operate an electric personal assistive mobility device.	20003

(D) No person shall distribute or sell an electric personal	20004
assistive mobility device unless the device is accompanied by a	20005
written statement that is substantially equivalent to the	20006
following: "WARNING: TO REDUCE THE RISK OF SERIOUS INJURY, USE	20007
ONLY WHILE WEARING FULL PROTECTIVE EQUIPMENT – HELMET, WRIST	20008
GUARDS, ELBOW PADS, AND KNEE PADS."	20009

(E) Nothing in this section affects or shall be construed to	20010
affect any rule of the director of natural resources or a board of	20011
park district commissioners governing the operation of vehicles on	20012
lands under the control of the director or board, as applicable.	20013

(F)(1) Whoever violates division (B) or (C) of this section	20014
is guilty of a minor misdemeanor and shall be punished as follows:	20015

(a) The offender shall be fined ten dollars.

20016

(b) If the offender previously has been convicted of or	20017
pleaded guilty to a violation of division (B) or (C) of this	20018
section or a substantially similar municipal ordinance or township	20019
resolution, the court, in addition to imposing the fine required	20020
under division (F)(1) of this section, shall do one of the	20021
following:	20022

(i) Order the impoundment for not less than one day but not	20023
more than thirty days of the electric personal assistive mobility	20024
device that was involved in the current violation of that	20025
division. The court shall order the device to be impounded at a	20026
safe indoor location designated by the court and may assess	20027
storage fees of not more than five dollars per day, provided the	20028
total storage, processing, and release fees assessed against the	20029
offender or the device in connection with the device's impoundment	20030
or subsequent release shall not exceed fifty dollars.	20031

(ii) If the court does not issue an impoundment order	20032
pursuant to division (F)(1)(b)(i) of this section, issue an order	20033
prohibiting the offender from operating any electric personal	20034
assistive mobility device on the public streets, highways,	20035
sidewalks, and paths and portions of roadways set aside for the	20036
exclusive use of bicycles for not less than one day but not more	20037
than thirty days.	20038

(2) Whoever violates division (D) of this section is guilty	20039
of a minor misdemeanor.	20040

Sec. 4511.63. (A) Except as provided in division (B) of this	20041
section, the operator of any bus, any school vehicle, or any	20042
vehicle transporting a material or materials required to be	20043
placarded under 49 C.F.R. Parts 100-185, before crossing at grade	20044
any track of a railroad, shall stop the vehicle and, while so	20045
stopped, shall listen through an open door or open window and look	20046
in both directions along the track for any approaching train, and	20047
for signals indicating the approach of a train, and shall proceed	20048
only upon exercising due care after stopping, looking, and	20049
listening as required by this section. Upon proceeding, the	20050
operator of such a vehicle shall cross only in a gear that will	20051
ensure there will be no necessity for changing gears while	20052
traversing the crossing and shall not shift gears while crossing	20053
the tracks.	20054

(B) This section does not apply at grade crossings when the	20055
public utilities commission has authorized and approved an exempt	20056
crossing as provided in this division.	20057

(1) Any local authority may file an application with the	20058
commission requesting the approval of an exempt crossing. Upon	20059
receipt of such a request, the commission shall authorize a	20060
limited period for the filing of comments by any party regarding	20061
the application and then shall conduct a public hearing in the	20062
community seeking the exempt crossing designation. The commission	20063
shall provide appropriate prior public notice of the comment	20064
period and the public hearing. By registered mail, the commission	20065
shall notify each railroad operating over the crossing of the	20066
comment period.	20067

(2) After considering any comments or other information	20068
received, the commission may approve or reject the application. By	20069
order, the commission may establish conditions for the exempt	20070
crossing designation, including compliance with division (b) of 49	20071
C.F.R. Part 392.10, when applicable. An exempt crossing	20072
designation becomes effective only when appropriate signs giving	20073
notice of the exempt designation are erected at the crossing as	20074
ordered by the commission and any other conditions ordered by the	20075
commission are satisfied.	20076

(3) By order, the commission may rescind any exempt crossing	20077
designation made under this section if the commission finds that a	20078
condition at the exempt crossing has changed to such an extent	20079
that the continuation of the exempt crossing designation	20080
compromises public safety. The commission may conduct a public	20081
hearing to investigate and determine whether to rescind the exempt	20082
crossing designation. If the commission rescinds the designation,	20083
it shall order the removal of any exempt crossing signs and may	20084
make any other necessary order.	20085

20086

(1) "School vehicle" means any vehicle used for the	20087
transportation of pupils to and from a school or school-related	20088
function if the vehicle is owned or operated by, or operated under	20089
contract with, a public or nonpublic school.	20090

(2) "Bus" means any vehicle originally designed by its	20091
manufacturer to transport sixteen or more passengers, including	20092
the driver, or carries sixteen or more passengers, including the	20093
driver.	20094

(3) "Exempt crossing" means a highway rail grade crossing	20095
authorized and approved by the public utilities commission under	20096
division (B) of this section at which vehicles may cross without	20097
making the stop otherwise required by this section.	20098

(D) Except as otherwise provided in this division, whoever	20099
violates this section is guilty of a minor misdemeanor. If the	20100
offender previously has been convicted of or pleaded guilty to one	20101
or more violations of this section or section 4511.76, 4511.761,	20102
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a	20103
municipal ordinance or township resolution that is substantially	20104
similar to any of those sections, whoever violates this section is	20105
guilty of a misdemeanor of the fourth degree.	20106

Sec. 4511.69. (A) Every vehicle stopped or parked upon a	20107
roadway where there is an adjacent curb shall be stopped or parked	20108
with the right-hand wheels of the vehicle parallel with and not	20109
more than twelve inches from the right-hand curb, unless it is	20110
impossible to approach so close to the curb; in such case the stop	20111
shall be made as close to the curb as possible and only for the	20112
time necessary to discharge and receive passengers or to load or	20113
unload merchandise. Local authorities by ordinance may permit	20114
angle parking on any roadway under their jurisdiction, except that	20115
angle parking shall not be permitted on a state route within a	20116
municipal corporation unless an unoccupied roadway width of not	20117
less than twenty-five feet is available for free-moving traffic.	20118

(B) Local authorities by ordinance may permit parking of	20119
vehicles with the left-hand wheels adjacent to and within twelve	20120
inches of the left-hand curb of a one-way roadway.	20121

(C) No vehicle or trackless trolley shall be stopped or	20122
parked on a road or highway with the vehicle or trackless trolley	20123
facing in a direction other than the direction of travel on that	20124
side of the road or highway.	20125

(D) Notwithstanding any statute or any rule, resolution, or	20126
ordinance adopted by any local authority, air compressors,	20127
tractors, trucks, and other equipment, while being used in the	20128
construction, reconstruction, installation, repair, or removal of	20129
facilities near, on, over, or under a street or highway, may stop,	20130
stand, or park where necessary in order to perform such work,	20131
provided a flagperson is on duty or warning signs or lights are	20132
displayed as may be prescribed by the director of transportation.	20133

(E) Special parking locations and privileges for persons with	20134
disabilities that limit or impair the ability to walk, also known	20135
as handicapped parking spaces or disability parking spaces, shall	20136
be provided and designated by all political subdivisions and by	20137
the state and all agencies and instrumentalities thereof at all	20138
offices and facilities, where parking is provided, whether owned,	20139
rented, or leased, and at all publicly owned parking garages. The	20140
locations shall be designated through the posting of an elevated	20141
sign, whether permanently affixed or movable, imprinted with the	20142
international symbol of access and shall be reasonably close to	20143
exits, entrances, elevators, and ramps. All elevated signs posted	20144
in accordance with this division and division (C) of section	20145
3781.111 of the Revised Code shall be mounted on a fixed or	20146
movable post, and the distance from the ground to the top edge of	20147
the sign shall measure five feet. If a new sign or a replacement	20148
sign designating a special parking location is posted on or after	20149
October 14, 1999, there also shall be affixed upon the surface of	20150
that sign or affixed next to the designating sign a notice that	20151
states the fine applicable for the offense of parking a motor	20152
vehicle in the special designated parking location if the motor	20153
vehicle is not legally entitled to be parked in that location.	20154

(F)(1) No person shall stop, stand, or park any motor vehicle	20155
at special parking locations provided under division (E) of this	20156
section or at special clearly marked parking locations provided in	20157
or on privately owned parking lots, parking garages, or other	20158
parking areas and designated in accordance with that division,	20159
unless one of the following applies:	20160

(a) The motor vehicle is being operated by or for the	20161
transport of a person with a disability that limits or impairs the	20162
ability to walk and is displaying a valid removable windshield	20163
placard or special license plates;	20164

(b) The motor vehicle is being operated by or for the	20165
transport of a handicapped person and is displaying a parking card	20166
or special handicapped license plates.	20167

(2) Any motor vehicle that is parked in a special marked	20168
parking location in violation of division (F)(1)(a) or (b) of this	20169
section may be towed or otherwise removed from the parking	20170
location by the law enforcement agency of the political	20171
subdivision in which the parking location is located. A motor	20172
vehicle that is so towed or removed shall not be released to its	20173
owner until the owner presents proof of ownership of the motor	20174
vehicle and pays all towing and storage fees normally imposed by	20175
that political subdivision for towing and storing motor vehicles.	20176
If the motor vehicle is a leased vehicle, it shall not be released	20177
to the lessee until the lessee presents proof that that person is	20178
the lessee of the motor vehicle and pays all towing and storage	20179
fees normally imposed by that political subdivision for towing and	20180
storing motor vehicles.	20181

(3) If a person is charged with a violation of division	20182
(F)(1)(a) or (b) of this section, it is an affirmative defense to	20183
the charge that the person suffered an injury not more than	20184
seventy-two hours prior to the time the person was issued the	20185
ticket or citation and that, because of the injury, the person	20186
meets at least one of the criteria contained in division (A)(1) of	20187
section 4503.44 of the Revised Code.	20188

(G) When a motor vehicle is being operated by or for the	20189
transport of a person with a disability that limits or impairs the	20190
ability to walk and is displaying a removable windshield placard	20191
or a temporary removable windshield placard or special license	20192
plates, or when a motor vehicle is being operated by or for the	20193
transport of a handicapped person and is displaying a parking card	20194
or special handicapped license plates, the motor vehicle is	20195
permitted to park for a period of two hours in excess of the legal	20196
parking period permitted by local authorities, except where local	20197
ordinances or police rules provide otherwise or where the vehicle	20198
is parked in such a manner as to be clearly a traffic hazard.	20199

(H) No owner of an office, facility, or parking garage where	20200
special parking locations are required to be designated in	20201
accordance with division (E) of this section shall fail to	20202
properly mark the special parking locations in accordance with	20203
that division or fail to maintain the markings of the special	20204
locations, including the erection and maintenance of the fixed or	20205
movable signs.	20206

(I) Nothing in this section shall be construed to require a	20207
person or organization to apply for a removable windshield placard	20208
or special license plates if the parking card or special license	20209
plates issued to the person or organization under prior law have	20210
not expired or been surrendered or revoked.	20211

(J)(1) Whoever violates division (A) or (C) of this section	20212
is guilty of a minor misdemeanor.	20213

(2)(a) Whoever violates division (F)(1)(a) or (b) of this	20214
section is guilty of a misdemeanor and shall be punished as	20215
provided in division (J)(2)(a) and (b) of this section. Except as	20216
otherwise provided in division (J)(2)(a) of this section, an	20217
offender who violates division (F)(1)(a) or (b) of this section	20218
shall be fined not less than two hundred fifty nor more than five	20219
hundred dollars. An offender who violates division (F)(1)(a) or	20220
(b) of this section shall be fined not more than one hundred	20221
dollars if the offender, prior to sentencing, proves either of the	20222
following to the satisfaction of the court:	20223

(i) At the time of the violation of division (F)(1)(a) of	20224
this section, the offender or the person for whose transport the	20225
motor vehicle was being operated had been issued a removable	20226
windshield placard that then was valid or special license plates	20227
that then were valid but the offender or the person neglected to	20228
display the placard or license plates as described in division	20229
(F)(1)(a) of this section.	20230

(ii) At the time of the violation of division (F)(1)(b) of	20231
this section, the offender or the person for whose transport the	20232
motor vehicle was being operated had been issued a parking card	20233
that then was valid or special handicapped license plates that	20234
then were valid but the offender or the person neglected to	20235
display the card or license plates as described in division	20236
(F)(1)(b) of this section.	20237

(b) In no case shall an offender who violates division	20238
(F)(1)(a) or (b) of this section be sentenced to any term of	20239
imprisonment.	20240

An arrest or conviction for a violation of division (F)(1)(a)	20241
or (b) of this section does not constitute a criminal record and	20242
need not be reported by the person so arrested or convicted in	20243
response to any inquiries contained in any application for	20244
employment, license, or other right or privilege, or made in	20245
connection with the person's appearance as a witness.	20246

The clerk of the court shall pay every fine collected under	20247
division (J)(2) of this section to the political subdivision in	20248
which the violation occurred. Except as provided in division	20249
(J)(2) of this section, the political subdivision shall use the	20250
fine moneys it receives under division (J)(2) of this section to	20251
pay the expenses it incurs in complying with the signage and	20252
notice requirements contained in division (E) of this section. The	20253
political subdivision may use up to fifty per cent of each fine it	20254
receives under division (J)(2) of this section to pay the costs of	20255
educational, advocacy, support, and assistive technology programs	20256
for persons with disabilities, and for public improvements within	20257
the political subdivision that benefit or assist persons with	20258
disabilities, if governmental agencies or nonprofit organizations	20259
offer the programs.	20260

(3) Whoever violates division (H) of this section shall be	20261
punished as follows:	20262

(a) Except as otherwise provided in division (J)(3) of this	20263
section, the offender shall be issued a warning.	20264

(b) If the offender previously has been convicted of or	20265
pleaded guilty to a violation of division (H) of this section or	20266
of a municipal ordinance or township resolution that is	20267
substantially similar to that division, the offender shall not be	20268
issued a warning but shall be fined not more than twenty-five	20269
dollars for each parking location that is not properly marked or	20270
whose markings are not properly maintained.	20271

(K) As used in this section:

20272

(1) "Handicapped person" means any person who has lost the	20273
use of one or both legs or one or both arms, who is blind, deaf,	20274
or so severely handicapped as to be unable to move without the aid	20275
of crutches or a wheelchair, or whose mobility is restricted by a	20276
permanent cardiovascular, pulmonary, or other handicapping	20277
condition.	20278

(2) "Person with a disability that limits or impairs the	20279
ability to walk" has the same meaning as in section 4503.44 of the	20280
Revised Code.	20281

(3) "Special license plates" and "removable windshield	20282
placard" mean any license plates or removable windshield placard	20283
or temporary removable windshield placard issued under section	20284
4503.41 or 4503.44 of the Revised Code, and also mean any	20285
substantially similar license plates or removable windshield	20286
placard or temporary removable windshield placard issued by a	20287
state, district, country, or sovereignty.	20288

Sec. 4511.75. (A) The driver of a vehicle, streetcar, or	20289
trackless trolley upon meeting or overtaking from either direction	20290
any school bus stopped for the purpose of receiving or discharging	20291
any school child, person attending programs offered by community	20292
boards of mental health and county boards of mental retardation	20293
and developmental disabilities, or child attending a program	20294
offered by a head start agency, shall stop at least ten feet from	20295
the front or rear of the school bus and shall not proceed until	20296
such school bus resumes motion, or until signaled by the school	20297
bus driver to proceed.	20298

It is no defense to a charge under this division that the	20299
school bus involved failed to display or be equipped with an	20300
automatically extended stop warning sign as required by division	20301
(B) of this section.	20302

(B) Every school bus shall be equipped with amber and red	20303
visual signals meeting the requirements of section 4511.771 of the	20304
Revised Code, and an automatically extended stop warning sign of a	20305
type approved by the state board of education, which shall be	20306
actuated by the driver of the bus whenever but only whenever the	20307
bus is stopped or stopping on the roadway for the purpose of	20308
receiving or discharging school children, persons attending	20309
programs offered by community boards of mental health and county	20310
boards of mental retardation and developmental disabilities, or	20311
children attending programs offered by head start agencies. A	20312
school bus driver shall not actuate the visual signals or the stop	20313
warning sign in designated school bus loading areas where the bus	20314
is entirely off the roadway or at school buildings when children	20315
or persons attending programs offered by community boards of	20316
mental health and county boards of mental retardation and	20317
developmental disabilities are loading or unloading at curbside or	20318
at buildings when children attending programs offered by head	20319
start agencies are loading or unloading at curbside. The visual	20320
signals and stop warning sign shall be synchronized or otherwise	20321
operated as required by rule of the board.	20322

(C) Where a highway has been divided into four or more	20323
traffic lanes, a driver of a vehicle, streetcar, or trackless	20324
trolley need not stop for a school bus approaching from the	20325
opposite direction which has stopped for the purpose of receiving	20326
or discharging any school child, persons attending programs	20327
offered by community boards of mental health and county boards of	20328
mental retardation and developmental disabilities, or children	20329
attending programs offered by head start agencies. The driver of	20330
any vehicle, streetcar, or trackless trolley overtaking the school	20331
bus shall comply with division (A) of this section.	20332

(D) School buses operating on divided highways or on highways	20333
with four or more traffic lanes shall receive and discharge all	20334
school children, persons attending programs offered by community	20335
boards of mental health and county boards of mental retardation	20336
and developmental disabilities, and children attending programs	20337
offered by head start agencies on their residence side of the	20338
highway.	20339

(E) No school bus driver shall start the driver's bus until	20340
after any child, person attending programs offered by community	20341
boards of mental health and county boards of mental retardation	20342
and developmental disabilities, or child attending a program	20343
offered by a head start agency who may have alighted therefrom has	20344
reached a place of safety on the child's or person's residence	20345
side of the road.	20346

(F)(1) Whoever violates division (A) of this section may be	20347
fined an amount not to exceed five hundred dollars. A person who	20348
is issued a citation for a violation of division (A) of this	20349
section is not permitted to enter a written plea of guilty and	20350
waive the person's right to contest the citation in a trial but	20351
instead must appear in person in the proper court to answer the	20352
charge.	20353

(2) In addition to and independent of any other penalty	20354
provided by law, the court ~~or mayor~~ may impose upon an offender	20355
who violates this section a class seven suspension of the	20356
offender's driver's license, commercial driver's license,	20357
temporary instruction permit, probationary license, or nonresident	20358
operating privilege from the range specified in division (A)(7) of	20359
section 4510.02 of the Revised Code. When a license is suspended	20360
under this section, the court ~~or mayor~~ shall cause the offender to	20361
deliver the license to the court, and the court or clerk of the	20362
court immediately shall forward the license to the registrar of	20363
motor vehicles, together with notice of the court's action.	20364

(G) As used in this section:

20365

(1) "Head start agency" has the same meaning as in section	20366
3301.32 of the Revised Code.	20367

(2) "School bus," as used in relation to children who attend	20368
a program offered by a head start agency, means a bus that is	20369
owned and operated by a head start agency, is equipped with an	20370
automatically extended stop warning sign of a type approved by the	20371
state board of education, is painted the color and displays the	20372
markings described in section 4511.77 of the Revised Code, and is	20373
equipped with amber and red visual signals meeting the	20374
requirements of section 4511.771 of the Revised Code, irrespective	20375
of whether or not the bus has fifteen or more children aboard at	20376
any time. "School bus" does not include a van owned and operated	20377
by a head start agency, irrespective of its color, lights, or	20378
markings.	20379

Sec. 4511.76. (A) The department of public safety, by and	20380
with the advice of the superintendent of public instruction, shall	20381
adopt and enforce rules relating to the construction, design, and	20382
equipment, including lighting equipment required by section	20383
4511.771 of the Revised Code, of all school buses both publicly	20384
and privately owned and operated in this state.	20385

(B) The department of education, by and with the advice of	20386
the director of public safety, shall adopt and enforce rules	20387
relating to the operation of all vehicles used for pupil	20388
transportation.	20389

(C) No person shall operate a vehicle used for pupil	20390
transportation within this state in violation of the rules of the	20391
department of education or the department of public safety. No	20392
person, being the owner thereof or having the supervisory	20393
responsibility therefor, shall permit the operation of a vehicle	20394
used for pupil transportation within this state in violation of	20395
the rules of the department of education or the department of	20396
public safety.	20397

(D) The department of public safety shall adopt and enforce	20398
rules relating to the issuance of a license under section 4511.763	20399
of the Revised Code. The rules may relate to the moral character	20400
of the applicant; the condition of the equipment to be operated;	20401
the liability and property damage insurance carried by the	20402
applicant; the posting of satisfactory and sufficient bond; and	20403
such other rules as the director of public safety determines	20404
reasonably necessary for the safety of the pupils to be	20405
transported.	20406

(E) As used in this section, "vehicle used for pupil	20407
transportation" means any vehicle that is identified as such by	20408
the department of education by rule and that is subject to Chapter	20409
3301-83 of the Administrative Code.	20410

(F) Except as otherwise provided in this division, whoever	20411
violates this section is guilty of a minor misdemeanor. If the	20412
offender previously has been convicted of or pleaded guilty to one	20413
or more violations of this section or section 4511.63, 4511.761,	20414
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a	20415
municipal ordinance or township resolution that is substantially	20416
similar to any of those sections, whoever violates this section is	20417
guilty of a misdemeanor of the fourth degree.	20418

Sec. 4511.761. (A) The state highway patrol shall inspect	20419
every school bus to ascertain whether its construction, design,	20420
and equipment comply with the regulations adopted pursuant to	20421
section 4511.76 of the Revised Code and all other provisions of	20422
law.	20423

The superintendent of the state highway patrol shall adopt a	20424
distinctive inspection decal not less than twelve inches in size,	20425
and bearing the date of the inspection, which shall be affixed to	20426
the outside surface of each side of each school bus which upon	20427
such inspection is found to comply with the regulations adopted	20428
pursuant to section 4511.76 of the Revised Code. The appearance of	20429
said decal shall be changed from year to year as to shape and	20430
color in order to provide easy visual inspection.	20431

No person shall operate, nor shall any person being the owner	20432
thereof or having supervisory responsibility therefor permit the	20433
operation of, a school bus within this state unless there are	20434
displayed thereon the decals issued by the state highway patrol	20435
bearing the proper date of inspection for the calendar year for	20436
which the inspection decals were issued.	20437

(B) Except as otherwise provided in this division, whoever	20438
violates this section is guilty of a minor misdemeanor. If the	20439
offender previously has been convicted of or pleaded guilty to one	20440
or more violations of this section or section 4511.63, 4511.76,	20441
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a	20442
municipal ordinance or township resolution that is substantially	20443
similar to any of those sections, whoever violates this section is	20444
guilty of a misdemeanor of the fourth degree.	20445

(C) Whenever a person is found guilty in a court of record of	20446
a violation of this section, the trial judge, in addition to or	20447
independent of all other penalties provided by law, may suspend	20448
for any period of time not exceeding three years, or cancel the	20449
license of any person, partnership, association, or corporation,	20450
issued under section 4511.763 of the Revised Code.	20451

Sec. 4511.762. (A) Except as provided in division (B) of	20452
this section, no person who is the owner of a bus that previously	20453
was registered as a school bus that is used or is to be used	20454
exclusively for purposes other than the transportation of	20455
children, shall operate the bus or permit it to be operated within	20456
this state unless the bus has been painted a color different from	20457
that prescribed for school buses by section 4511.77 of the Revised	20458
Code and painted in such a way that the words "stop" and "school	20459
bus" are obliterated.	20460

(B) Any church bus that previously was registered as a school	20461
bus and is registered under section 4503.07 of the Revised Code	20462
may retain the paint color prescribed for school buses by section	20463
4511.77 of the Revised Code if the bus complies with all of the	20464
following:	20465

(1) The words "school bus" required by section 4511.77 of the	20466
Revised Code are covered or obliterated and the bus is marked on	20467
the front and rear with the words "church bus" painted in black	20468
lettering not less than ten inches in height;	20469

(2) The automatically extended stop warning sign required by	20470
section 4511.75 of the Revised Code is removed and the word "stop"	20471
required by section 4511.77 of the Revised Code is covered or	20472
obliterated;	20473

(3) The flashing red and amber lights required by section	20474
4511.771 of the Revised Code are covered or removed;	20475

(4) The inspection decal required by section 4511.761 of the	20476
Revised Code is covered or removed;	20477

(5) The identification number assigned under section 4511.764	20478
of the Revised Code and marked in black lettering on the front and	20479
rear of the bus is covered or obliterated.	20480

(C) Except as otherwise provided in this division, whoever	20481
violates this section is guilty of a minor misdemeanor. If the	20482
offender previously has been convicted of or pleaded guilty to one	20483
or more violations of this section or section 4511.63, 4511.76,	20484
4511.761, 4511.764, 4511.77, or 4511.79 of the Revised Code or a	20485
municipal ordinance or township resolution that is substantially	20486
similar to any of those sections, whoever violates this section is	20487
guilty of a misdemeanor of the fourth degree.	20488

(D) Whenever a person is found guilty in a court of record of	20489
a violation of this section, the trial judge, in addition to or	20490
independent of all other penalties provided by law, may suspend	20491
for any period of time not exceeding three years, or cancel the	20492
license of any person, partnership, association, or corporation,	20493
issued under section 4511.763 of the Revised Code.	20494

Sec. 4511.764. (A) The superintendent of the state highway	20495
patrol shall require school buses to be registered, in the name of	20496
the owner, with the state highway patrol on forms and in	20497
accordance with regulations as the superintendent may adopt.	20498

When the superintendent is satisfied that the registration	20499
has been completed, the superintendent shall assign an identifying	20500
number to each school bus registered in accordance with this	20501
section. The number so assigned shall be marked on the front and	20502
rear of the vehicle in black lettering not less than six inches in	20503
height and will remain unchanged as long as the ownership of that	20504
vehicle remains the same.	20505

No person shall operate, nor shall any person, being the	20506
owner thereof or having supervisory responsibility therefor,	20507
permit the operation of a school bus within this state unless	20508
there is displayed thereon an identifying number in accordance	20509
with this section.	20510

(B) Except as otherwise provided in this division, whoever	20511
violates this section is guilty of a minor misdemeanor. If the	20512
offender previously has been convicted of or pleaded guilty to one	20513
or more violations of section 4511.63, 4511.76, 4511.761,	20514
4511.762, 4511.77, or 4511.79 of the Revised Code or a municipal	20515
ordinance or township resolution that is substantially similar to	20516
any of those sections, whoever violates this section is guilty of	20517
a misdemeanor of the fourth degree.	20518

Sec. 4511.77. (A) No person shall operate, nor shall any	20519
person being the owner thereof or having supervisory	20520
responsibility therefor permit the operation of, a school bus	20521
within this state unless it is painted national school bus yellow	20522
and is marked on both front and rear with the words "school bus"	20523
in black lettering not less than eight inches in height and on the	20524
rear of the bus with the word "stop" in black lettering not less	20525
than ten inches in height.	20526

(B) Except as otherwise provided in this division, whoever	20527
violates this section is guilty of a minor misdemeanor. If the	20528
offender previously has been convicted of or pleaded guilty to one	20529
or more violations of this section or section 4511.63, 4511.76,	20530
4511.761, 4511.762, 4511.764, or 4511.79 of the Revised Code or a	20531
municipal ordinance or township resolution that is substantially	20532
similar to any of those sections, whoever violates this section is	20533
guilty of a misdemeanor of the fourth degree.	20534

(C) Whenever a person is found guilty in a court of record of	20535
a violation of this section, the trial judge, in addition to or	20536
independent of all other penalties provided by law, may suspend	20537
for any period of time not exceeding three years, or cancel the	20538
license of any person, partnership, association, or corporation,	20539
issued under section 4511.763 of the Revised Code.	20540

Sec. 4511.79. (A) No person shall drive a "commercial motor	20541
vehicle" as defined in section 4506.01 of the Revised Code, or a	20542
"commercial car" or "commercial tractor," as defined in section	20543
4501.01 of the Revised Code, while the person's ability or	20544
alertness is so impaired by fatigue, illness, or other causes that	20545
it is unsafe for the person to drive such vehicle. No driver shall	20546
use any drug which would adversely affect the driver's ability or	20547
alertness.	20548

(B) No owner, as defined in section 4501.01 of the Revised	20549
Code, of a "commercial motor vehicle," "commercial car," or	20550
"commercial tractor," or a person employing or otherwise directing	20551
the driver of such vehicle, shall require or knowingly permit a	20552
driver in any such condition described in division (A) of this	20553
section to drive such vehicle upon any street or highway.	20554

(C) Except as otherwise provided in this division, whoever	20555
violates this section is guilty of a minor misdemeanor. If the	20556
offender previously has been convicted of or pleaded guilty to one	20557
or more violations of this section or section 4511.63, 4511.76,	20558
4511.761, 4511.762, 4511.764, or 4511.77 of the Revised Code or a	20559
municipal ordinance or township resolution that is substantially	20560
similar to any of those sections, whoever violates this section is	20561
guilty of a misdemeanor of the fourth degree.	20562

Sec. 4511.81. (A) When any child who is in either or both of	20563
the following categories is being transported in a motor vehicle,	20564
other than a taxicab or public safety vehicle as defined in	20565
section 4511.01 of the Revised Code, that is required by the	20566
United States department of transportation to be equipped with	20567
seat belts at the time of manufacture or assembly, the operator of	20568
the motor vehicle shall have the child properly secured in	20569
accordance with the manufacturer's instructions in a child	20570
restraint system that meets federal motor vehicle safety	20571
standards:	20572

(1) A child who is less than four years of age;

20573

(2) A child who weighs less than forty pounds.

20574

(B) When any child who is in either or both of the following	20575
categories is being transported in a motor vehicle, other than a	20576
taxicab, that is owned, leased, or otherwise under the control of	20577
a nursery school, kindergarten, or day-care center, the operator	20578
of the motor vehicle shall have the child properly secured in	20579
accordance with the manufacturer's instructions in a child	20580
restraint system that meets federal motor vehicle safety	20581
standards:	20582

(1) A child who is less than four years of age;

20583

(2) A child who weighs less than forty pounds.

20584

(C) When any child who is at least four years of age but not	20585
older than fifteen years of age is being transported in a motor	20586
vehicle, other than a taxicab or public safety vehicle as defined	20587
in section 4511.01 of the Revised Code, that is required by the	20588
United States department of transportation to be equipped with	20589
seat belts at the time of manufacture or assembly, the operator of	20590
the motor vehicle shall have the child properly restrained either	20591
in accordance with the manufacturer's instructions in a child	20592
restraint system that meets federal motor vehicle safety standards	20593
or in an occupant restraining device as defined in section	20594
4513.263 of the Revised Code.	20595

(D) Notwithstanding any provision of law to the contrary, no	20596
law enforcement officer shall cause an operator of a motor vehicle	20597
being operated on any street or highway to stop the motor vehicle	20598
for the sole purpose of determining whether a violation of	20599
division (C) of this section has been or is being committed or for	20600
the sole purpose of issuing a ticket, citation, or summons for a	20601
violation of that nature or causing the arrest of or commencing a	20602
prosecution of a person for a violation of that nature, and no law	20603
enforcement officer shall view the interior or visually inspect	20604
any automobile being operated on any street or highway for the	20605
sole purpose of determining whether a violation of that nature has	20606
been or is being committed.	20607

(E) The director of public safety shall adopt such rules as	20608
are necessary to carry out this section.	20609

(F) The failure of an operator of a motor vehicle to secure a	20610
child in a child restraint system or in an occupant restraining	20611
device as required by this section is not negligence imputable to	20612
the child, is not admissible as evidence in any civil action	20613
involving the rights of the child against any other person	20614
allegedly liable for injuries to the child, is not to be used as a	20615
basis for a criminal prosecution of the operator of the motor	20616
vehicle other than a prosecution for a violation of this section,	20617
and is not admissible as evidence in any criminal action involving	20618
the operator of the motor vehicle other than a prosecution for a	20619
violation of this section.	20620

(G) This section does not apply when an emergency exists that	20621
threatens the life of any person operating a motor vehicle and to	20622
whom this section otherwise would apply or the life of any child	20623
who otherwise would be required to be restrained under this	20624
section.	20625

(H) There is hereby created in the state treasury the "child	20626
highway safety fund," consisting of fines imposed pursuant to	20627
division (J)(1) of this section for violations of divisions (A),	20628
(B), and (C) of this section. The money in the fund shall be used	20629
by the department of health only to defray the cost of designating	20630
hospitals as pediatric trauma centers under section 3727.081 of	20631
the Revised Code and to establish and administer a child highway	20632
safety program. The purpose of the program shall be to educate the	20633
public about child restraint systems generally and the importance	20634
of their proper use. The program also shall include a process for	20635
providing child restraint systems to persons who meet the	20636
eligibility criteria established by the department, and a	20637
toll-free telephone number the public may utilize to obtain	20638
information about child restraint systems and their proper use.	20639

(I) The director of health, in accordance with Chapter 119.	20640
of the Revised Code, shall adopt any rules necessary to carry out	20641
this section, including rules establishing the criteria a person	20642
must meet in order to receive a child restraint system under the	20643
department's child restraint system program; provided that rules	20644
relating to the verification of pediatric trauma centers shall not	20645
be adopted under this section.	20646

(J)(1) Whoever violates division (A), (B), or (C) of this	20647
section shall be punished as follows:	20648

(a) Except as otherwise provided in division (J)(1)(b) of	20649
this section, the offender is guilty of a minor misdemeanor and	20650
shall be fined not less than twenty-five dollars.	20651

(b) If the offender previously has been convicted of or	20652
pleaded guilty to a violation of division (A), (B), or (C) of this	20653
section or of a municipal ordinance or township resolution that is	20654
substantially similar to any of those divisions, the offender is	20655
guilty of a misdemeanor of the fourth degree.	20656

(2) All fines imposed pursuant to division (J)(1) of this	20657
section shall be forwarded to the treasurer of state for deposit	20658
in the "child highway safety fund" created by division (H) of this	20659
section.	20660

Sec. 4513.263. (A) As used in this section and in section	20661
4513.99 of the Revised Code:	20662

(1) "Automobile" means any commercial tractor, passenger car,	20663
commercial car, or truck that is required to be factory-equipped	20664
with an occupant restraining device for the operator or any	20665
passenger by regulations adopted by the United States secretary of	20666
transportation pursuant to the "National Traffic and Motor Vehicle	20667
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	20668

(2) "Occupant restraining device" means a seat safety belt,	20669
shoulder belt, harness, or other safety device for restraining a	20670
person who is an operator of or passenger in an automobile and	20671
that satisfies the minimum federal vehicle safety standards	20672
established by the United States department of transportation.	20673

(3) "Passenger" means any person in an automobile, other than	20674
its operator, who is occupying a seating position for which an	20675
occupant restraining device is provided.	20676

(4) "Commercial tractor," "passenger car," and "commercial	20677
car" have the same meanings as in section 4501.01 of the Revised	20678
Code.	20679

(5) "Vehicle" and "motor vehicle," as used in the definitions	20680
of the terms set forth in division (A)(4) of this section, have	20681
the same meanings as in section 4511.01 of the Revised Code.	20682

(6) "Tort action" means a civil action for damages for	20683
injury, death, or loss to person or property. "Tort action"	20684
includes a product liability claim, as defined in section 2307.71	20685
of the Revised Code, and an asbestos claim, as defined in section	20686
2307.91 of the Revised Code, but does not include a civil action	20687
for damages for breach of contract or another agreement between	20688
persons.	20689

(B) No person shall do any of the following:

20690

(1) Operate an automobile on any street or highway unless	20691
that person is wearing all of the available elements of a properly	20692
adjusted occupant restraining device, or operate a school bus that	20693
has an occupant restraining device installed for use in its	20694
operator's seat unless that person is wearing all of the available	20695
elements of the device, as properly adjusted;	20696

(2) Operate an automobile on any street or highway unless	20697
each passenger in the automobile who is subject to the requirement	20698
set forth in division (B)(3) of this section is wearing all of the	20699
available elements of a properly adjusted occupant restraining	20700
device;	20701

(3) Occupy, as a passenger, a seating position on the front	20702
seat of an automobile being operated on any street or highway	20703
unless that person is wearing all of the available elements of a	20704
properly adjusted occupant restraining device;	20705

(4) Operate a taxicab on any street or highway unless all	20706
factory-equipped occupant restraining devices in the taxicab are	20707
maintained in usable form.	20708

(C) Division (B)(3) of this section does not apply to a	20709
person who is required by section 4511.81 of the Revised Code to	20710
be secured in a child restraint device. Division (B)(1) of this	20711
section does not apply to a person who is an employee of the	20712
United States postal service or of a newspaper home delivery	20713
service, during any period in which the person is engaged in the	20714
operation of an automobile to deliver mail or newspapers to	20715
addressees. Divisions (B)(1) and (3) of this section do not apply	20716
to a person who has an affidavit signed by a physician licensed to	20717
practice in this state under Chapter 4731. of the Revised Code or	20718
a chiropractor licensed to practice in this state under Chapter	20719
4734. of the Revised Code that states that the person has a	20720
physical impairment that makes use of an occupant restraining	20721
device impossible or impractical.	20722

(D) Notwithstanding any provision of law to the contrary, no	20723
law enforcement officer shall cause an operator of an automobile	20724
being operated on any street or highway to stop the automobile for	20725
the sole purpose of determining whether a violation of division	20726
(B) of this section has been or is being committed or for the sole	20727
purpose of issuing a ticket, citation, or summons for a violation	20728
of that nature or causing the arrest of or commencing a	20729
prosecution of a person for a violation of that nature, and no law	20730
enforcement officer shall view the interior or visually inspect	20731
any automobile being operated on any street or highway for the	20732
sole purpose of determining whether a violation of that nature has	20733
been or is being committed.	20734

(E) ~~All~~Subject to division (F)(2) of section 1901.31 of the	20735
Revised Code, all fines collected for violations of division (B)	20736
of this section, or for violations of any ordinance or resolution	20737
of a political subdivision that is substantively comparable to	20738
that division, shall be forwarded to the treasurer of state for	20739
deposit as follows:	20740

(1) Eight per cent shall be deposited into the seat belt	20741
education fund, which is hereby created in the state treasury, and	20742
shall be used by the department of public safety to establish a	20743
seat belt education program.	20744

(2) Eight per cent shall be deposited into the elementary	20745
school program fund, which is hereby created in the state	20746
treasury, and shall be used by the department of public safety to	20747
establish and administer elementary school programs that encourage	20748
seat safety belt use.	20749

(3) Two per cent shall be deposited into the Ohio medical	20750
transportation trust fund created by section 4766.05 of the	20751
Revised Code.	20752

(4) Twenty-eight per cent shall be deposited into the trauma	20753
and emergency medical services fund, which is hereby created in	20754
the state treasury, and shall be used by the department of public	20755
safety for the administration of the division of emergency medical	20756
services and the state board of emergency medical services.	20757

(5) Fifty-four per cent shall be deposited into the trauma	20758
and emergency medical services grants fund, which is hereby	20759
created in the state treasury, and shall be used by the state	20760
board of emergency medical services to make grants, in accordance	20761
with section 4765.07 of the Revised Code and rules the board	20762
adopts under section 4765.11 of the Revised Code.	20763

(F)(1) Subject to division (F)(2) of this section, the	20764
failure of a person to wear all of the available elements of a	20765
properly adjusted occupant restraining device in violation of	20766
division (B)(1) or (3) of this section or the failure of a person	20767
to ensure that each minor who is a passenger of an automobile	20768
being operated by that person is wearing all of the available	20769
elements of a properly adjusted occupant restraining device in	20770
violation of division (B)(2) of this section shall not be	20771
considered or used by the trier of fact in a tort action as	20772
evidence of negligence or contributory negligence. But, the trier	20773
of fact may determine based on evidence admitted consistent with	20774
the Ohio ~~rules~~Rules of ~~evidence~~Evidence that the failure	20775
contributed to the harm alleged in the tort action and may	20776
diminish a recovery of compensatory damages that represents	20777
noneconomic loss, as defined in section 2307.011 of the Revised	20778
Code, in a tort action that could have been recovered but for the	20779
plaintiff's failure to wear all of the available elements of a	20780
properly adjusted occupant restraining device. Evidence of that	20781
failure shall not be used as a basis for a criminal prosecution of	20782
the person other than a prosecution for a violation of this	20783
section; and shall not be admissible as evidence in a criminal	20784
action involving the person other than a prosecution for a	20785
violation of this section.	20786

(2) If, at the time of an accident involving a passenger car	20787
equipped with occupant restraining devices, any occupant of the	20788
passenger car who sustained injury or death was not wearing an	20789
available occupant restraining device, was not wearing all of the	20790
available elements of such a device, or was not wearing such a	20791
device as properly adjusted, then, consistent with the Rules of	20792
Evidence, the fact that the occupant was not wearing the available	20793
occupant restraining device, was not wearing all of the available	20794
elements of such a device, or was not wearing such a device as	20795
properly adjusted is admissible in evidence in relation to any	20796
claim for relief in a tort action to the extent that the claim for	20797
relief satisfies all of the following:	20798

(a) It seeks to recover damages for injury or death to the	20799
occupant.	20800

(b) The defendant in question is the manufacturer, designer,	20801
distributor, or seller of the passenger car.	20802

(c) The claim for relief against the defendant in question is	20803
that the injury or death sustained by the occupant was enhanced or	20804
aggravated by some design defect in the passenger car or that the	20805
passenger car was not crashworthy.	20806

(G)(1) Whoever violates division (B)(1) of this section shall	20807
be fined thirty dollars.	20808

(2) Whoever violates division (B)(3) of this section shall be	20809
fined twenty dollars.	20810

(3) Except as otherwise provided in this division, whoever	20811
violates division (B)(4) of this section is guilty of a minor	20812
misdemeanor. If the offender previously has been convicted of or	20813
pleaded guilty to a violation of division (B)(4) of this section,	20814
whoever violates division (B)(4) of this section is guilty of a	20815
misdemeanor of the third degree.	20816

Sec. 4513.35. (A) All fines collected under sections 4511.01	20817
to 4511.78, 4511.99, and 4513.01 to 4513.37 of the Revised Code	20818
shall be paid into the county treasury and, with the exception of	20819
that portion distributed under section 3375.53 of the Revised	20820
Code, shall be placed to the credit of the fund for the	20821
maintenance and repair of the highways within that county, except	20822
that:	20823

(1) All fines for violations of division (B) of section	20824
4513.263 shall be delivered to the treasurer of state as provided	20825
in division (E) of section 4513.263 of the Revised Code.	20826

(2) All fines collected from, or moneys arising from bonds	20827
forfeited by, persons apprehended or arrested by state highway	20828
patrolmen shall be distributed as provided in section 5503.04 of	20829
the Revised Code.	20830

(3)(a) Subject to division (E) of section 4513.263 of the	20831
Revised Code and except as otherwise provided in division	20832
(A)(3)(b) of this section, one-half of all fines collected from,	20833
and one-half of all moneys arising from bonds forfeited by,	20834
persons apprehended or arrested by a township constable or other	20835
township police officer shall be paid to the township treasury to	20836
be placed to the credit of the general fund.	20837

(b) All fines collected from, and all moneys arising from	20838
bonds forfeited by, persons apprehended or arrested by a township	20839
constable or other township police officer pursuant to division	20840
(B)(2) of section 4513.39 of the Revised Code for a violation of	20841
section 4511.21 of the Revised Code or any other law, ordinance,	20842
or regulation pertaining to speed that occurred on a highway	20843
included as part of the interstate system, as defined in section	20844
5516.01 of the Revised Code, shall be paid into the county	20845
treasury and be credited as provided in the first paragraph of	20846
this section.	20847

(B) Notwithstanding any other provision of this section or of	20848
any other section of the Revised Code:	20849

(1) All fines collected from, and all moneys arising from	20850
bonds forfeited by, persons arrested under division (E)(1) or (2)	20851
of section 2935.03 of the Revised Code are deemed to be collected,	20852
and to arise, from arrests made within the jurisdiction in which	20853
the arresting officer is appointed, elected, or employed, for	20854
violations of one of the sections or chapters of the Revised Code	20855
listed in division (E)(1) of that section and shall be distributed	20856
accordingly.	20857

(2) All fines collected from, and all moneys arising from	20858
bonds forfeited by, persons arrested under division (E)(3) of	20859
section 2935.03 of the Revised Code are deemed to be collected,	20860
and to arise, from arrests made within the jurisdiction in which	20861
the arresting officer is appointed, elected, or employed, for	20862
violations of municipal ordinances or township resolutions that	20863
are substantially equivalent to one of the sections or one of the	20864
provisions of one of the chapters of the Revised Code listed in	20865
division (E)(1) of that section and for violations of one of the	20866
sections or one of the provisions of one of the chapters of the	20867
Revised Code listed in division (E)(1) of that section, and shall	20868
be distributed accordingly.	20869

Sec. 4513.37. Every ~~county~~ court ~~judge, mayor, and~~ clerk of	20870
~~a court of record~~ shall keep a full record of every case in which	20871
a person is charged with any violation of sections 4511.01 to	20872
4511.78, section 4511.99, and sections 4513.01 to 4513.37 of the	20873
Revised Code, or of any other law or, ordinance, or resolution	20874
regulating the operation of vehicles, streetcars, and trackless	20875
trolleys on highways.	20876

Within ten days after the conviction or forfeiture of bail of	20877
a person upon a charge of violating any of such sections or other	20878
law or, ordinance, or resolution regulating the operation of	20879
vehicles, streetcars, and trackless trolleys on highways, ~~said~~	20880
~~judge, mayor, or~~the clerk shall prepare and immediately forward	20881
to the department of public safety an abstract of the court record	20882
covering the case in which ~~said~~the person was convicted for	20883
forfeited bail, which abstract must be certified by the person	20884
required to prepare the same to be true and correct.	20885

~~Said~~The abstract shall be made upon a form approved and	20886
furnished by the department and shall include the name and address	20887
of the party charged, the number of ~~his~~the party's driver's or	20888
commercial driver's license, the registration number of the	20889
vehicle involved, the nature of the offense, the date of hearing,	20890
the plea, the judgment, or whether bail forfeited, and the amount	20891
of the fine or forfeiture.	20892

Every court ~~of record~~clerk shall also forward a like report	20893
to the department upon the conviction of any person of	20894
manslaughter or other felony in the commission of which a vehicle	20895
was used.	20896

The failure, refusal, or neglect of ~~such officer~~a court	20897
clerk to comply with this section constitutes misconduct in office	20898
and is ground for removal therefrom.	20899

The department shall keep all abstracts received under this	20900
section at its main office.	20901

Sec. 4521.01. As used in this chapter:

20902

(A) "Parking infraction" means a violation of any ordinance,	20903
resolution, or regulation enacted by a local authority that	20904
regulates the standing or parking of vehicles and that is	20905
authorized pursuant to section 505.17 or 4511.07 of the Revised	20906
Code, or a violation of any ordinance, resolution, or regulation	20907
enacted by a local authority as authorized by this chapter, if the	20908
local authority in either of these cases also has enacted an	20909
ordinance, resolution, or regulation of the type described in	20910
division (A) of section 4521.02 of the Revised Code in relation to	20911
the particular regulatory ordinance, resolution, or regulation.	20912

(B) "Vehicle" has the same meaning as in section 4511.01 of	20913
the Revised Code.	20914

(C) "Court" means a municipal court, county court, juvenile	20915
court, or ~~mayor's~~community court, unless specifically identified	20916
as one of these courts, in which case it means the specifically	20917
identified court.	20918

(D) "Local authority" means every county, municipal	20919
corporation, township, or other local board or body having	20920
authority to adopt police regulations pursuant to the constitution	20921
and laws of this state.	20922

(E) "Disability parking space" means a motor vehicle parking	20923
location that is reserved for the exclusive standing or parking of	20924
a vehicle that is operated by or on behalf of a person with a	20925
disability that limits or impairs the ability to walk and displays	20926
a placard or license plates issued under section 4503.44 of the	20927
Revised Code.	20928

(F) "Person with a disability that limits or impairs the	20929
ability to walk" has the same meaning as in section 4503.44 of the	20930
Revised Code.	20931

Sec. 4549.17. (A) No law enforcement officer employed by a	20932
law enforcement agency of a municipal corporation, township, or	20933
joint township police district shall issue any citation, summons,	20934
or ticket for a violation of section 4511.21 of the Revised Code	20935
or a substantially similar municipal ordinance or township	20936
resolution or for a violation of section 5577.04 of the Revised	20937
Code or a substantially similar municipal ordinance, if all of the	20938
following apply:	20939

(1) The citation, summons, or ticket would be issued for a	20940
violation described in division (A) of this section that occurs on	20941
a freeway that is part of the interstate system;	20942

(2) The municipal corporation, township, or joint township	20943
police district that employs the law enforcement officer has less	20944
than eight hundred eighty yards of the freeway that is part of the	20945
interstate system within its jurisdiction;	20946

(3) The law enforcement officer must travel outside the	20947
boundaries of the municipal corporation, township, or joint	20948
township police district that employs ~~him~~the officer in order to	20949
enter onto the freeway;	20950

(4) The law enforcement officer travels onto the freeway for	20951
the primary purpose of issuing citations, summonses, or tickets	20952
for violations of section 4511.21 of the Revised Code or a	20953
substantially similar municipal ordinance or township resolution	20954
or for violations of section 5577.04 of the Revised Code or a	20955
substantially similar municipal ordinance or township resolution.	20956

(B) As used in this section, "interstate system" has the same	20957
meaning as in section 5516.01 of the Revised Code.	20958

Sec. 4730.31. (A) As used in this section, "prosecutor" has	20959
the same meaning as in section 2935.01 of the Revised Code.	20960

(B) Whenever any person holding a valid certificate issued	20961
pursuant to this chapter pleads guilty to, is subject to a	20962
judicial finding of guilt of, or is subject to a judicial finding	20963
of eligibility for intervention in lieu of conviction for a	20964
violation of Chapter 2907., 2925., or 3719. of the Revised Code or	20965
of any substantively comparable ordinance of a municipal	20966
corporation or resolution of a township in connection with	20967
practicing as a physician assistant, the prosecutor in the case	20968
shall, on forms prescribed and provided by the state medical	20969
board, promptly notify the board of the conviction. Within thirty	20970
days of receipt of such information, the board shall initiate	20971
action in accordance with Chapter 119. of the Revised Code to	20972
determine whether to suspend or revoke the certificate under	20973
section 4730.25 of the Revised Code.	20974

(C) The prosecutor in any case against any person holding a	20975
valid certificate issued pursuant to this chapter shall, on forms	20976
prescribed and provided by the state medical board, notify the	20977
board of any of the following:	20978

(1) A plea of guilty to, a judicial finding of guilt of, or	20979
judicial finding of eligibility for intervention in lieu of	20980
conviction for a felony, or a case where the trial court issues an	20981
order of dismissal upon technical or procedural grounds of a	20982
felony charge;	20983

(2) A plea of guilty to, a judicial finding of guilt of, or	20984
judicial finding or eligibility for intervention in lieu of	20985
conviction for a misdemeanor committed in the course of practice,	20986
or a case where the trial court issues an order of dismissal upon	20987
technical or procedural grounds of a charge of a misdemeanor, if	20988
the alleged act was committed in the course of practice;	20989

(3) A plea of guilty to, a judicial finding of guilt of, or	20990
judicial finding of eligibility for intervention in lieu of	20991
conviction for a misdemeanor involving moral turpitude, or a case	20992
where the trial court issues an order of dismissal upon technical	20993
or procedural grounds of a charge of a misdemeanor involving moral	20994
turpitude.	20995

The report shall include the name and address of the	20996
certificate holder, the nature of the offense for which the action	20997
was taken, and the certified court documents recording the action.	20998

Sec. 4731.223. (A) As used in this section, "prosecutor" has	20999
the same meaning as in section 2935.01 of the Revised Code.	21000

(B) Whenever any person holding a valid certificate issued	21001
pursuant to this chapter pleads guilty to, is subject to a	21002
judicial finding of guilt of, or is subject to a judicial finding	21003
of eligibility for intervention in lieu of conviction for a	21004
violation of Chapter 2907., 2925., or 3719. of the Revised Code or	21005
of any substantively comparable ordinance of a municipal	21006
corporation or resolution of a township in connection with the	21007
person's practice, or for a second or subsequent time pleads	21008
guilty to, or is subject to a judicial finding of guilt of, a	21009
violation of section 2919.123 of the Revised Code, the prosecutor	21010
in the case, on forms prescribed and provided by the state medical	21011
board, shall promptly notify the board of the conviction or guilty	21012
plea. Within thirty days of receipt of that information, the board	21013
shall initiate action in accordance with Chapter 119. of the	21014
Revised Code to determine whether to suspend or revoke the	21015
certificate under section 4731.22 of the Revised Code.	21016

(C) The prosecutor in any case against any person holding a	21017
valid certificate issued pursuant to this chapter, on forms	21018
prescribed and provided by the state medical board, shall notify	21019
the board of any of the following:	21020

(1) A plea of guilty to, a finding of guilt by a jury or	21021
court of, or judicial finding of eligibility for intervention in	21022
lieu of conviction for a felony, or a case in which the trial	21023
court issues an order of dismissal upon technical or procedural	21024
grounds of a felony charge;	21025

(2) A plea of guilty to, a finding of guilt by a jury or	21026
court of, or judicial finding of eligibility for intervention in	21027
lieu of conviction for a misdemeanor committed in the course of	21028
practice, or a case in which the trial court issues an order of	21029
dismissal upon technical or procedural grounds of a charge of a	21030
misdemeanor, if the alleged act was committed in the course of	21031
practice;	21032

(3) A plea of guilty to, a finding of guilt by a jury or	21033
court of, or judicial finding of eligibility for intervention in	21034
lieu of conviction for a misdemeanor involving moral turpitude, or	21035
a case in which the trial court issues an order of dismissal upon	21036
technical or procedural grounds of a charge of a misdemeanor	21037
involving moral turpitude.	21038

The report shall include the name and address of the	21039
certificate holder, the nature of the offense for which the action	21040
was taken, and the certified court documents recording the action.	21041

Sec. 4760.15. (A) As used in this section, "prosecutor" has	21042
the same meaning as in section 2935.01 of the Revised Code.	21043

(B) Whenever any person holding a valid certificate issued	21044
pursuant to this chapter pleads guilty to, is subject to a	21045
judicial finding of guilt of, or is subject to a judicial finding	21046
of eligibility for intervention in lieu of conviction for a	21047
violation of Chapter 2907., 2925., or 3719. of the Revised Code or	21048
of any substantively comparable ordinance of a municipal	21049
corporation or resolution of a township in connection with the	21050
person's practice, the prosecutor in the case, on forms prescribed	21051
and provided by the state medical board, shall promptly notify the	21052
board of the conviction. Within thirty days of receipt of that	21053
information, the board shall initiate action in accordance with	21054
Chapter 119. of the Revised Code to determine whether to suspend	21055
or revoke the certificate under section 4760.13 of the Revised	21056
Code.	21057

(C) The prosecutor in any case against any person holding a	21058
valid certificate of registration issued pursuant to this chapter,	21059
on forms prescribed and provided by the state medical board, shall	21060
notify the board of any of the following:	21061

(1) A plea of guilty to, a finding of guilt by a jury or	21062
court of, or judicial finding of eligibility for intervention in	21063
lieu of conviction for a felony, or a case in which the trial	21064
court issues an order of dismissal upon technical or procedural	21065
grounds of a felony charge;	21066

(2) A plea of guilty to, a finding of guilt by a jury or	21067
court of, or judicial finding of eligibility for intervention in	21068
lieu of conviction for a misdemeanor committed in the course of	21069
practice, or a case in which the trial court issues an order of	21070
dismissal upon technical or procedural grounds of a charge of a	21071
misdemeanor, if the alleged act was committed in the course of	21072
practice;	21073

(3) A plea of guilty to, a finding of guilt by a jury or	21074
court of, or judicial finding of eligibility for intervention in	21075
lieu of conviction for a misdemeanor involving moral turpitude, or	21076
a case in which the trial court issues an order of dismissal upon	21077
technical or procedural grounds of a charge of a misdemeanor	21078
involving moral turpitude.	21079

The report shall include the name and address of the	21080
certificate holder, the nature of the offense for which the action	21081
was taken, and the certified court documents recording the action.	21082

Sec. 4762.15. (A) As used in this section, "prosecutor" has	21083
the same meaning as in section 2935.01 of the Revised Code.	21084

(B) Whenever any person holding a valid certificate issued	21085
pursuant to this chapter pleads guilty to, is subject to a	21086
judicial finding of guilt of, or is subject to a judicial finding	21087
of eligibility for intervention in lieu of conviction for a	21088
violation of Chapter 2907., 2925., or 3719. of the Revised Code or	21089
of any substantively comparable ordinance of a municipal	21090
corporation or resolution of a township in connection with the	21091
person's practice, the prosecutor in the case, on forms prescribed	21092
and provided by the state medical board, shall promptly notify the	21093
board of the conviction. Within thirty days of receipt of that	21094
information, the board shall initiate action in accordance with	21095
Chapter 119. of the Revised Code to determine whether to suspend	21096
or revoke the certificate under section 4762.13 of the Revised	21097
Code.	21098

(C) The prosecutor in any case against any person holding a	21099
valid certificate issued pursuant to this chapter, on forms	21100
prescribed and provided by the state medical board, shall notify	21101
the board of any of the following:	21102

(1) A plea of guilty to, a finding of guilt by a jury or	21103
court of, or judicial finding of eligibility for intervention in	21104
lieu of conviction for a felony, or a case in which the trial	21105
court issues an order of dismissal upon technical or procedural	21106
grounds of a felony charge;	21107

(2) A plea of guilty to, a finding of guilt by a jury or	21108
court of, or judicial finding of eligibility for intervention in	21109
lieu of conviction for a misdemeanor committed in the course of	21110
practice, or a case in which the trial court issues an order of	21111
dismissal upon technical or procedural grounds of a charge of a	21112
misdemeanor, if the alleged act was committed in the course of	21113
practice;	21114

(3) A plea of guilty to, a finding of guilt by a jury or	21115
court of, or judicial finding of eligibility for intervention in	21116
lieu of conviction for a misdemeanor involving moral turpitude, or	21117
a case in which the trial court issues an order of dismissal upon	21118
technical or procedural grounds of a charge of a misdemeanor	21119
involving moral turpitude.	21120

The report shall include the name and address of the	21121
certificate holder, the nature of the offense for which the action	21122
was taken, and the certified court documents recording the action.	21123

Sec. 4999.06. No superintendent, trainmaster, or other	21124
employee of a railroad shall send or cause to be sent outside of	21125
yard limits, a passenger train of ~~not more than~~ five or fewer	21126
cars, any one of which carries passengers, with a crew consisting	21127
of less than one engineer, one ~~fireman~~firefighter, one conductor,	21128
and one ~~brakeman~~brakeperson. If four of ~~said~~the cars are day	21129
coaches carrying passengers, or if in a train of more than five	21130
cars, three or more cars are day coaches carrying passengers, of	21131
or if in a train of more than six cars, four cars carrying	21132
passengers, or if in a train of more than seven cars, two or more	21133
cars are carrying passengers, ofor if in any train, six or more	21134
cars are carrying passengers, ~~such~~the crew shall consist of at	21135
least one additional ~~brakeman~~brakeperson, regularly employed as	21136
such. When ~~such~~the train consists of more than two cars, either	21137
of which carries passengers, no such superintendent, trainmaster,	21138
or other employee shall require a ~~brakeman~~brakeperson to perform	21139
the duties of baggage master or express agent. Whoever violates	21140
this section shall be fined not less than twenty-five dollars for	21141
each offense.	21142

For the purpose of this section, a combination mail or	21143
baggage and passenger car is a day coach, but straight dining cars	21144
and private cars are not cars carrying passengers.	21145

This section does not apply to trains picking up a car	21146
between terminals in this state, or to cars propelled by	21147
electricity.	21148

~~Mayors~~Community court magistrates and county court judges	21149
have jurisdiction under this section. The public utilities	21150
commission shall enforce this section.	21151

Sec. 5104.09. (A)(1) Except as provided in rules adopted	21152
pursuant to division (D) of this section:	21153

(a) No individual who has been convicted of or pleaded guilty	21154
to a violation of section 2903.01, 2903.02, 2903.03, 2903.04,	21155
2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 2903.34,	21156
2905.01, 2905.02, 2905.04, 2905.05, 2905.11, 2907.02, 2907.03,	21157
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,	21158
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	21159
2907.323, 2909.02, 2909.03, 2909.04, 2909.05, 2911.01, 2911.02,	21160
2911.11, 2911.12, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12,	21161
2919.24, 2919.25, 2921.03, 2921.34, 2921.35, 2923.12, 2923.13,	21162
2923.161, 2919.22, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	21163
3716.11 of the Revised Code, a violation of section 2925.11 of the	21164
Revised Code that is not a minor drug possession offense, as	21165
defined in section 2925.01 of the Revised Code, felonious sexual	21166
penetration in violation of former section 2907.12 of the Revised	21167
Code, or a violation of an existing or former law or, ordinance of	21168
any municipal corporation, resolution of any township, this state,	21169
any other state, or the United States that is substantially	21170
equivalent to any of those violations shall be certified as an	21171
in-home aide or be employed in any capacity in or own or operate a	21172
child day-care center, type A family day-care home, type B family	21173
day-care home, or certified type B family day-care home.	21174

(b) No individual who has been convicted of or pleaded guilty	21175
to a violation of section 2913.02, 2913.03, 2913.04, 2913.041,	21176
2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33,	21177
2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441,	21178
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or	21179
2923.01 of the Revised Code, a violation of section 2923.02 or	21180
2923.03 of the Revised Code that relates to a crime specified in	21181
this division or division (A)(1)(a) of this section, a second	21182
violation of section 4511.19 of the Revised Code within five years	21183
of the date of operation of the child day-care center or family	21184
day-care home, or two violations of section 4511.19 of the Revised	21185
Code during operation of the center or home, or a violation of an	21186
existing or former law of this state, any other state, or the	21187
United States that is substantially equivalent to any of those	21188
violations shall own or operate a child day-care center, type A	21189
family day-care home, type B family day-care home, or certified	21190
type B family day-care home.	21191

(2) Each employee of a child day-care center and type A home	21192
and every person eighteen years of age or older residing in a type	21193
A home shall sign a statement on forms prescribed by the director	21194
of job and family services attesting to the fact that the employee	21195
or resident person has not been convicted of or pleaded guilty to	21196
any offense set forth in division (A)(1)(a) of this section and	21197
that no child has been removed from the employee's or resident	21198
person's home pursuant to section 2151.353 of the Revised Code.	21199
Each licensee of a type A home shall sign a statement on a form	21200
prescribed by the director attesting to the fact that no person	21201
who resides at the type A home and who is under the age of	21202
eighteen has been adjudicated a delinquent child for committing a	21203
violation of any section listed in division (A)(1)(a) of this	21204
section. The statements shall be kept on file at the center or	21205
type A home.	21206

(3) Each in-home aide and every person eighteen years of age	21207
or older residing in a certified type B home shall sign a	21208
statement on forms prescribed by the director of job and family	21209
services attesting that the aide or resident person has not been	21210
convicted of or pleaded guilty to any offense set forth in	21211
division (A)(1)(a) of this section and that no child has been	21212
removed from the aide's or resident person's home pursuant to	21213
section 2151.353 of the Revised Code. Each authorized provider	21214
shall sign a statement on forms prescribed by the director	21215
attesting that the provider has not been convicted of or pleaded	21216
guilty to any offense set forth in division (A)(1)(a) or (b) of	21217
this section and that no child has been removed from the	21218
provider's home pursuant to section 2151.353 of the Revised Code.	21219
Each authorized provider shall sign a statement on a form	21220
prescribed by the director attesting to the fact that no person	21221
who resides at the certified type B home and who is under the age	21222
of eighteen has been adjudicated a delinquent child for committing	21223
a violation of any section listed in division (A)(1)(a) of this	21224
section. The statements shall be kept on file at the county	21225
department of job and family services.	21226

(4) Each administrator and licensee of a center or type A	21227
home shall sign a statement on a form prescribed by the director	21228
of job and family services attesting that the administrator or	21229
licensee has not been convicted of or pleaded guilty to any	21230
offense set forth in division (A)(1)(a) or (b) of this section and	21231
that no child has been removed from the administrator's or	21232
licensee's home pursuant to section 2151.353 of the Revised Code.	21233
The statement shall be kept on file at the center or type A home.	21234

(B) No in-home aide, no administrator, licensee, authorized	21235
provider, or employee of a center, type A home, or certified type	21236
B home, and no person eighteen years of age or older residing in a	21237
type A home or certified type B home shall withhold information	21238
from, or falsify information on, any statement required pursuant	21239
to division (A)(2), (3), or (4) of this section.	21240

(C) No administrator, licensee, or child-care staff member	21241
shall discriminate in the enrollment of children in a child	21242
day-care center upon the basis of race, color, religion, sex, or	21243
national origin.	21244

(D) The director of job and family services shall adopt rules	21245
pursuant to Chapter 119. of the Revised Code to implement this	21246
section, including rules specifying exceptions to the prohibition	21247
in division (A)(1) of this section for persons who have been	21248
convicted of an offense listed in that division but meet	21249
rehabilitation standards set by the department.	21250

Sec. 5123.081. (A) As used in this section:

21251

(1) "Applicant" means a person who is under final	21252
consideration for appointment to or employment with the department	21253
of mental retardation and developmental disabilities, including,	21254
but not limited to, a person who is being transferred to the	21255
department and an employee who is being recalled or reemployed	21256
after a layoff.	21257

(2) "Criminal records check" has the same meaning as in	21258
section 109.572 of the Revised Code.	21259

(3) "Minor drug possession offense" has the same meaning as	21260
in section 2925.01 of the Revised Code.	21261

(B) The director of mental retardation and developmental	21262
disabilities shall request the superintendent of the bureau of	21263
criminal identification and investigation to conduct a criminal	21264
records check with respect to each applicant, except that the	21265
director is not required to request a criminal records check for	21266
an employee of the department who is being considered for a	21267
different position or is returning after a leave of absence or	21268
seasonal break in employment, as long as the director has no	21269
reason to believe that the employee has committed any of the	21270
offenses listed or described in division (E) of this section.	21271

If the applicant does not present proof that the applicant	21272
has been a resident of this state for the five-year period	21273
immediately prior to the date upon which the criminal records	21274
check is requested, the director shall request that the	21275
superintendent of the bureau obtain information from the federal	21276
bureau of investigation as a part of the criminal records check	21277
for the applicant. If the applicant presents proof that the	21278
applicant has been a resident of this state for that five-year	21279
period, the director may request that the superintendent of the	21280
bureau include information from the federal bureau of	21281
investigation in the criminal records check. For purposes of this	21282
division, an applicant may provide proof of residency in this	21283
state by presenting, with a notarized statement asserting that the	21284
applicant has been a resident of this state for that five-year	21285
period, a valid driver's license, notification of registration as	21286
an elector, a copy of an officially filed federal or state tax	21287
form identifying the applicant's permanent residence, or any other	21288
document the director considers acceptable.	21289

(C) The director shall provide to each applicant a copy of	21290
the form prescribed pursuant to division (C)(1) of section 109.572	21291
of the Revised Code, provide to each applicant a standard	21292
impression sheet to obtain fingerprint impressions prescribed	21293
pursuant to division (C)(2) of section 109.572 of the Revised	21294
Code, obtain the completed form and impression sheet from each	21295
applicant, and forward the completed form and impression sheet to	21296
the superintendent of the bureau of criminal identification and	21297
investigation at the time the criminal records check is requested.	21298

Any applicant who receives pursuant to this division a copy	21299
of the form prescribed pursuant to division (C)(1) of section	21300
109.572 of the Revised Code and a copy of an impression sheet	21301
prescribed pursuant to division (C)(2) of that section and who is	21302
requested to complete the form and provide a set of fingerprint	21303
impressions shall complete the form or provide all the information	21304
necessary to complete the form and shall provide the material with	21305
the impressions of the applicant's fingerprints. If an applicant,	21306
upon request, fails to provide the information necessary to	21307
complete the form or fails to provide impressions of the	21308
applicant's fingerprints, the director shall not employ the	21309
applicant.	21310

(D) The director may request any other state or federal	21311
agency to supply the director with a written report regarding the	21312
criminal record of each applicant. With regard to an applicant who	21313
becomes a department employee, if the employee holds an	21314
occupational or professional license or other credentials, the	21315
director may request that the state or federal agency that	21316
regulates the employee's occupation or profession supply the	21317
director with a written report of any information pertaining to	21318
the employee's criminal record that the agency obtains in the	21319
course of conducting an investigation or in the process of	21320
renewing the employee's license or other credentials.	21321

(E) Except as provided in division (K)(2) of this section and	21322
in rules adopted by the director in accordance with division (M)	21323
of this section, the director shall not employ a person to fill a	21324
position with the department who has been convicted of or pleaded	21325
guilty to any of the following:	21326

(1) A violation of section 2903.01, 2903.02, 2903.03,	21327
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	21328
2903.341, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	21329
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	21330
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	21331
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	21332
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	21333
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	21334
section 2905.04 of the Revised Code as it existed prior to July 1,	21335
1996, a violation of section 2919.23 of the Revised Code that	21336
would have been a violation of section 2905.04 of the Revised Code	21337
as it existed prior to July 1, 1996, had the violation occurred	21338
prior to that date, a violation of section 2925.11 of the Revised	21339
Code that is not a minor drug possession offense, or felonious	21340
sexual penetration in violation of former section 2907.12 of the	21341
Revised Code;	21342

(2) A felony contained in the Revised Code that is not listed	21343
in this division, if the felony bears a direct and substantial	21344
relationship to the duties and responsibilities of the position	21345
being filled;	21346

(3) Any offense contained in the Revised Code constituting a	21347
misdemeanor of the first degree on the first offense and a felony	21348
on a subsequent offense, if the offense bears a direct and	21349
substantial relationship to the position being filled and the	21350
nature of the services being provided by the department;	21351

(4) A violation of an existing or former municipal ordinance,	21352
township resolution, or law of this state, any other state, or the	21353
United States, if the offense is substantially equivalent to any	21354
of the offenses listed or described in division (E)(1), (2), or	21355
(3) of this section.	21356

(F) Prior to employing an applicant, the director shall	21357
require the applicant to submit a statement with the applicant's	21358
signature attesting that the applicant has not been convicted of	21359
or pleaded guilty to any of the offenses listed or described in	21360
division (E) of this section. The director also shall require the	21361
applicant to sign an agreement under which the applicant agrees to	21362
notify the director within fourteen calendar days if, while	21363
employed with the department, the applicant is ever formally	21364
charged with, convicted of, or pleads guilty to any of the	21365
offenses listed or described in division (E) of this section. The	21366
agreement shall inform the applicant that failure to report formal	21367
charges, a conviction, or a guilty plea may result in being	21368
dismissed from employment.	21369

(G) The director shall pay to the bureau of criminal	21370
identification and investigation the fee prescribed pursuant to	21371
division (C)(3) of section 109.572 of the Revised Code for each	21372
criminal records check requested and conducted pursuant to this	21373
section.	21374

(H)(1) Any report obtained pursuant to this section is not a	21375
public record for purposes of section 149.43 of the Revised Code	21376
and shall not be made available to any person, other than the	21377
applicant who is the subject of the records check or criminal	21378
records check or the applicant's representative, the department or	21379
its representative, a county board of mental retardation and	21380
developmental disabilities, and any court, hearing officer, or	21381
other necessary individual involved in a case dealing with the	21382
denial of employment to the applicant or the denial, suspension,	21383
or revocation of a certificate or evidence of registration under	21384
section 5123.082 of the Revised Code.	21385

(2) An individual for whom the director has obtained reports	21386
under this section may submit a written request to the director to	21387
have copies of the reports sent to any state agency, entity of	21388
local government, or private entity. The individual shall specify	21389
in the request the agencies or entities to which the copies are to	21390
be sent. On receiving the request, the director shall send copies	21391
of the reports to the agencies or entities specified.	21392

The director may request that a state agency, entity of local	21393
government, or private entity send copies to the director of any	21394
report regarding a records check or criminal records check that	21395
the agency or entity possesses, if the director obtains the	21396
written consent of the individual who is the subject of the	21397
report.	21398

(I) The director shall request the registrar of motor	21399
vehicles to supply the director with a certified abstract	21400
regarding the record of convictions for violations of motor	21401
vehicle laws of each applicant who will be required by the	21402
applicant's employment to transport individuals with mental	21403
retardation or a developmental disability or to operate the	21404
department's vehicles for any other purpose. For each abstract	21405
provided under this section, the director shall pay the amount	21406
specified in section 4509.05 of the Revised Code.	21407

(J) The director shall provide each applicant with a copy of	21408
any report or abstract obtained about the applicant under this	21409
section.	21410

(K)(1) The director shall inform each person, at the time of	21411
the person's initial application for employment, that the person	21412
is required to provide a set of impressions of the person's	21413
fingerprints and that a criminal records check is required to be	21414
conducted and satisfactorily completed in accordance with section	21415
109.572 of the Revised Code if the person comes under final	21416
consideration for employment as a precondition to employment in a	21417
position.	21418

(2) The director may employ an applicant pending receipt of	21419
reports requested under this section. The director shall terminate	21420
employment of any such applicant if it is determined from the	21421
reports that the applicant failed to inform the director that the	21422
applicant had been convicted of or pleaded guilty to any of the	21423
offenses listed or described in division (E) of this section.	21424

(L) The director may charge an applicant a fee for costs the	21425
director incurs in obtaining reports, abstracts, or fingerprint	21426
impressions under this section. A fee charged under this division	21427
shall not exceed the amount of the fees the director pays under	21428
divisions (G) and (I) of this section. If a fee is charged under	21429
this division, the director shall notify the applicant of the	21430
amount of the fee at the time of the applicant's initial	21431
application for employment and that, unless the fee is paid, the	21432
director will not consider the applicant for employment.	21433

(M) The director shall adopt rules in accordance with Chapter	21434
119. of the Revised Code to implement this section, including	21435
rules specifying circumstances under which the director may employ	21436
a person who has been convicted of or pleaded guilty to an offense	21437
listed or described in division (E) of this section but who meets	21438
standards in regard to rehabilitation set by the director.	21439

Sec. 5126.28. (A) As used in this section:

21440

(1) "Applicant" means a person who is under final	21441
consideration for appointment to or employment in a position with	21442
a county board of mental retardation and developmental	21443
disabilities, including, but not limited to, a person who is being	21444
transferred to the county board and an employee who is being	21445
recalled or reemployed after a layoff.	21446

(2) "Criminal records check" has the same meaning as in	21447
section 109.572 of the Revised Code.	21448

(3) "Minor drug possession offense" has the same meaning as	21449
in section 2925.01 of the Revised Code.	21450

(B) The superintendent of a county board of mental	21451
retardation and developmental disabilities shall request the	21452
superintendent of the bureau of criminal identification and	21453
investigation to conduct a criminal records check with respect to	21454
any applicant who has applied to the board for employment in any	21455
position, except that a county board superintendent is not	21456
required to request a criminal records check for an employee of	21457
the board who is being considered for a different position or is	21458
returning after a leave of absence or seasonal break in	21459
employment, as long as the superintendent has no reason to believe	21460
that the employee has committed any of the offenses listed or	21461
described in division (E) of this section.	21462

If the applicant does not present proof that the applicant	21463
has been a resident of this state for the five-year period	21464
immediately prior to the date upon which the criminal records	21465
check is requested, the county board superintendent shall request	21466
that the superintendent of the bureau obtain information from the	21467
federal bureau of investigation as a part of the criminal records	21468
check for the applicant. If the applicant presents proof that the	21469
applicant has been a resident of this state for that five-year	21470
period, the county board superintendent may request that the	21471
superintendent of the bureau include information from the federal	21472
bureau of investigation in the criminal records check. For	21473
purposes of this division, an applicant may provide proof of	21474
residency in this state by presenting, with a notarized statement	21475
asserting that the applicant has been a resident of this state for	21476
that five-year period, a valid driver's license, notification of	21477
registration as an elector, a copy of an officially filed federal	21478
or state tax form identifying the applicant's permanent residence,	21479
or any other document the superintendent considers acceptable.	21480

(C) The county board superintendent shall provide to each	21481
applicant a copy of the form prescribed pursuant to division	21482
(C)(1) of section 109.572 of the Revised Code, provide to each	21483
applicant a standard impression sheet to obtain fingerprint	21484
impressions prescribed pursuant to division (C)(2) of section	21485
109.572 of the Revised Code, obtain the completed form and	21486
impression sheet from each applicant, and forward the completed	21487
form and impression sheet to the superintendent of the bureau of	21488
criminal identification and investigation at the time the criminal	21489
records check is requested.	21490

Any applicant who receives pursuant to this division a copy	21491
of the form prescribed pursuant to division (C)(1) of section	21492
109.572 of the Revised Code and a copy of an impression sheet	21493
prescribed pursuant to division (C)(2) of that section and who is	21494
requested to complete the form and provide a set of fingerprint	21495
impressions shall complete the form or provide all the information	21496
necessary to complete the form and shall provide the impression	21497
sheet with the impressions of the applicant's fingerprints. If an	21498
applicant, upon request, fails to provide the information	21499
necessary to complete the form or fails to provide impressions of	21500
the applicant's fingerprints, the county board superintendent	21501
shall not employ that applicant.	21502

(D) A county board superintendent may request any other state	21503
or federal agency to supply the board with a written report	21504
regarding the criminal record of each applicant. With regard to an	21505
applicant who becomes a board employee, if the employee holds an	21506
occupational or professional license or other credentials, the	21507
superintendent may request that the state or federal agency that	21508
regulates the employee's occupation or profession supply the board	21509
with a written report of any information pertaining to the	21510
employee's criminal record that the agency obtains in the course	21511
of conducting an investigation or in the process of renewing the	21512
employee's license or other credentials.	21513

(E) Except as provided in division (K)(2) of this section and	21514
in rules adopted by the department of mental retardation and	21515
developmental disabilities in accordance with division (M) of this	21516
section, no county board of mental retardation and developmental	21517
disabilities shall employ a person to fill a position with the	21518
board who has been convicted of or pleaded guilty to any of the	21519
following:	21520

(1) A violation of section 2903.01, 2903.02, 2903.03,	21521
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	21522
2903.341, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	21523
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	21524
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	21525
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	21526
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	21527
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	21528
section 2905.04 of the Revised Code as it existed prior to July 1,	21529
1996, a violation of section 2919.23 of the Revised Code that	21530
would have been a violation of section 2905.04 of the Revised Code	21531
as it existed prior to July 1, 1996, had the violation occurred	21532
prior to that date, a violation of section 2925.11 of the Revised	21533
Code that is not a minor drug possession offense, or felonious	21534
sexual penetration in violation of former section 2907.12 of the	21535
Revised Code;	21536

(2) A felony contained in the Revised Code that is not listed	21537
in this division, if the felony bears a direct and substantial	21538
relationship to the duties and responsibilities of the position	21539
being filled;	21540

(3) Any offense contained in the Revised Code constituting a	21541
misdemeanor of the first degree on the first offense and a felony	21542
on a subsequent offense, if the offense bears a direct and	21543
substantial relationship to the position being filled and the	21544
nature of the services being provided by the county board;	21545

(4) A violation of an existing or former municipal ordinance,	21546
township resolution, or law of this state, any other state, or the	21547
United States, if the offense is substantially equivalent to any	21548
of the offenses listed or described in division (E)(1), (2), or	21549
(3) of this section.	21550

(F) Prior to employing an applicant, the county board	21551
superintendent shall require the applicant to submit a statement	21552
with the applicant's signature attesting that the applicant has	21553
not been convicted of or pleaded guilty to any of the offenses	21554
listed or described in division (E) of this section. The	21555
superintendent also shall require the applicant to sign an	21556
agreement under which the applicant agrees to notify the	21557
superintendent within fourteen calendar days if, while employed by	21558
the board, the applicant is ever formally charged with, convicted	21559
of, or pleads guilty to any of the offenses listed or described in	21560
division (E) of this section. The agreement shall inform the	21561
applicant that failure to report formal charges, a conviction, or	21562
a guilty plea may result in being dismissed from employment.	21563

(G) A county board of mental retardation and developmental	21564
disabilities shall pay to the bureau of criminal identification	21565
and investigation the fee prescribed pursuant to division (C)(3)	21566
of section 109.572 of the Revised Code for each criminal records	21567
check requested and conducted pursuant to this section.	21568

(H)(1) Any report obtained pursuant to this section is not a	21569
public record for purposes of section 149.43 of the Revised Code	21570
and shall not be made available to any person, other than the	21571
applicant who is the subject of the records check or criminal	21572
records check or the applicant's representative, the board	21573
requesting the records check or criminal records check or its	21574
representative, the department of mental retardation and	21575
developmental disabilities, and any court, hearing officer, or	21576
other necessary individual involved in a case dealing with the	21577
denial of employment to the applicant or the denial, suspension,	21578
or revocation of a certificate or evidence of registration under	21579
section 5126.25 of the Revised Code.	21580

(2) An individual for whom a county board superintendent has	21581
obtained reports under this section may submit a written request	21582
to the county board to have copies of the reports sent to any	21583
state agency, entity of local government, or private entity. The	21584
individual shall specify in the request the agencies or entities	21585
to which the copies are to be sent. On receiving the request, the	21586
county board shall send copies of the reports to the agencies or	21587
entities specified.	21588

A county board may request that a state agency, entity of	21589
local government, or private entity send copies to the board of	21590
any report regarding a records check or criminal records check	21591
that the agency or entity possesses, if the county board obtains	21592
the written consent of the individual who is the subject of the	21593
report.	21594

(I) Each county board superintendent shall request the	21595
registrar of motor vehicles to supply the superintendent with a	21596
certified abstract regarding the record of convictions for	21597
violations of motor vehicle laws of each applicant who will be	21598
required by the applicant's employment to transport individuals	21599
with mental retardation or developmental disabilities or to	21600
operate the board's vehicles for any other purpose. For each	21601
abstract provided under this section, the board shall pay the	21602
amount specified in section 4509.05 of the Revised Code.	21603

(J) The county board superintendent shall provide each	21604
applicant with a copy of any report or abstract obtained about the	21605
applicant under this section. At the request of the director of	21606
mental retardation and developmental disabilities, the	21607
superintendent also shall provide the director with a copy of a	21608
report or abstract obtained under this section.	21609

(K)(1) The county board superintendent shall inform each	21610
person, at the time of the person's initial application for	21611
employment, that the person is required to provide a set of	21612
impressions of the person's fingerprints and that a criminal	21613
records check is required to be conducted and satisfactorily	21614
completed in accordance with section 109.572 of the Revised Code	21615
if the person comes under final consideration for appointment or	21616
employment as a precondition to employment in a position.	21617

(2) A board may employ an applicant pending receipt of	21618
reports requested under this section. The board shall terminate	21619
employment of any such applicant if it is determined from the	21620
reports that the applicant failed to inform the county board that	21621
the applicant had been convicted of or pleaded guilty to any of	21622
the offenses listed or described in division (E) of this section.	21623

(L) The board may charge an applicant a fee for costs it	21624
incurs in obtaining reports, abstracts, or fingerprint impressions	21625
under this section. A fee charged under this division shall not	21626
exceed the amount of the fees the board pays under divisions (G)	21627
and (I) of this section. If a fee is charged under this division,	21628
the board shall notify the applicant of the amount of the fee at	21629
the time of the applicant's initial application for employment and	21630
that, unless the fee is paid, the board will not consider the	21631
applicant for employment.	21632

(M) The department of mental retardation and developmental	21633
disabilities shall adopt rules pursuant to Chapter 119. of the	21634
Revised Code to implement this section and section 5126.281 of the	21635
Revised Code, including rules specifying circumstances under which	21636
a county board or contracting entity may hire a person who has	21637
been convicted of or pleaded guilty to an offense listed or	21638
described in division (E) of this section but who meets standards	21639
in regard to rehabilitation set by the department. The rules may	21640
not authorize a county board or contracting entity to hire an	21641
individual who is included in the registry established under	21642
section 5123.52 of the Revised Code.	21643

Sec. 5309.54. Whenever any transcript from the docket of a	21644
judge of a county court ~~or mayor~~, magistrate of a community court,	21645
or other officer or tribunal ~~which~~that may render judgments, is	21646
filed in the office of the clerk of the court of common pleas for	21647
a lien, the party, or ~~his~~the party's agent or attorney, filing	21648
~~such~~the transcript shall notify the clerk whether the land upon	21649
which the lien is sought is registered. If ~~such~~the land is	21650
registered, in addition to the fee required for such filing, ~~such~~	21651
the party shall pay ~~such~~the clerk's fee for a certificate ~~which~~	21652
that the clerk shall thereupon issue to ~~such~~the party under ~~such~~	21653
the clerk's hand and the seal of the court of common pleas stating	21654
the number of the case, parties, date of the judgment, amount of	21655
judgment, and costs, and the exact time when filed in ~~his~~the	21656
clerk's office, and the volume and page where entered. The party	21657
receiving ~~such~~the certificate shall file it with the county	21658
recorder, who shall make notation of the filing and enter a	21659
memorial thereof on the last registered certificate of title for	21660
~~such~~the land. No lien shall attach to any registered land under	21661
~~such~~the transcript until ~~such~~the certificate is filed with the	21662
recorder and noted by ~~him~~the recorder.	21663

Sec. 5321.05. (A) A tenant who is a party to a rental	21664
agreement shall do all of the following:	21665

(1) Keep that part of the premises that hethe tenant	21666
occupies and uses safe and sanitary;	21667

(2) Dispose of all rubbish, garbage, and other waste in a	21668
clean, safe, and sanitary manner;	21669

(3) Keep all plumbing fixtures in the dwelling unit or used	21670
by ~~him~~the tenant as clean as their condition permits;	21671

(4) Use and operate all electrical and plumbing fixtures	21672
properly;	21673

(5) Comply with the requirements imposed on tenants by all	21674
applicable state and local housing, health, and safety codes;	21675

(6) Personally refrain and forbid any other person who is on	21676
the premises with ~~his~~the tenant's permission from intentionally	21677
or negligently destroying, defacing, damaging, or removing any	21678
fixture, appliance, or other part of the premises;	21679

(7) Maintain in good working order and condition any range,	21680
~~regrigerator~~refrigerator, washer, dryer, dishwasher, or other	21681
appliances supplied by the landlord and required to be maintained	21682
by the tenant under the terms and conditions of a written rental	21683
agreement;	21684

(8) Conduct ~~himself~~self and require other persons on the	21685
premises with ~~his~~the tenant's consent to conduct themselves in a	21686
manner that will not disturb ~~his~~the tenant's neighbors' peaceful	21687
enjoyment of the premises;	21688

(9) Conduct ~~himself~~self, and require persons in ~~his~~the	21689
tenant's household and persons on the premises with ~~his~~the	21690
tenant's consent to conduct themselves, in connection with the	21691
premises so as not to violate the prohibitions contained in	21692
Chapters 2925. and 3719. of the Revised Code, or in municipal	21693
ordinances or township resolutions that are substantially similar	21694
to any section in either of those chapters, which relate to	21695
controlled substances.	21696

(B) The tenant shall not unreasonably withhold consent for	21697
the landlord to enter into the dwelling unit in order to inspect	21698
the premises, make ordinary, necessary, or agreed repairs,	21699
decorations, alterations, or improvements, deliver parcels that	21700
are too large for the tenant's mail facilities, supply necessary	21701
or agreed services, or exhibit the dwelling unit to prospective or	21702
actual purchasers, mortgagees, tenants, ~~workmen~~workers, or	21703
contractors.	21704

(C)(1) If the tenant violates any provision of this section,	21705
other than division (A)(9) of this section, the landlord may	21706
recover any actual damages that result from the violation together	21707
with reasonable attorney's fees. This remedy is in addition to any	21708
right of the landlord to terminate the rental agreement, to	21709
maintain an action for the possession of the premises, or to	21710
obtain injunctive relief to compel access under division (B) of	21711
this section.	21712

(2) If the tenant violates division (A)(9) of this section	21713
and if the landlord has actual knowledge of or has reasonable	21714
cause to believe that the tenant, any person in the tenant's	21715
household, or any person on the premises with the consent of the	21716
tenant previously has or presently is engaged in a violation as	21717
described in division (A)(6)(a)(i) of section 1923.02 of the	21718
Revised Code, whether or not the tenant or other person has been	21719
charged with, has pleaded guilty to or been convicted of, or has	21720
been determined to be a delinquent child for an act that, if	21721
committed by an adult, would be a violation as described in that	21722
division, then the landlord promptly shall give the notice	21723
required by division (C) of section 5321.17 of the Revised Code.	21724
If the tenant fails to vacate the premises within three days after	21725
the giving of that notice, then the landlord promptly shall comply	21726
with division (A)(9) of section 5321.04 of the Revised Code. For	21727
purposes of this division, actual knowledge or reasonable cause to	21728
believe as described in this division shall be determined in	21729
accordance with division (A)(6)(a)(i) of section 1923.02 of the	21730
Revised Code.	21731

Sec. 5502.61. As used in sections 5502.61 to 5502.66 of the	21732
Revised Code:	21733

(A) "Federal criminal justice acts" means any federal law	21734
that authorizes financial assistance and other forms of assistance	21735
to be given by the federal government to the states to be used for	21736
the improvement of the criminal and juvenile justice systems of	21737
the states.	21738

(B)(1) "Criminal justice system" includes all of the	21739
functions of the following:	21740

(a) The state highway patrol, county sheriff offices,	21741
municipal and township police departments, and all other law	21742
enforcement agencies;	21743

(b) The courts of appeals, courts of common pleas, municipal	21744
courts, county courts, and ~~mayor's~~community courts, when dealing	21745
with criminal cases;	21746

(c) The prosecuting attorneys, city directors of law, village	21747
solicitors, and other prosecuting authorities when prosecuting or	21748
otherwise handling criminal cases, and the county and joint county	21749
public defenders and other public defender agencies or offices;	21750

(d) The department of rehabilitation and correction,	21751
probation departments, county and municipal jails and workhouses,	21752
and any other department, agency, or facility that is concerned	21753
with the rehabilitation or correction of criminal offenders;	21754

(e) Any public or private agency whose purposes include the	21755
prevention of crime or the diversion, adjudication, detention, or	21756
rehabilitation of criminal offenders;	21757

(f) Any public or private agency, the purposes of which	21758
include assistance to crime victims or witnesses.	21759

(2) The inclusion of any public or private agency, the	21760
purposes of which include assistance to crime victims or	21761
witnesses, as part of the criminal justice system pursuant to	21762
division (B)(1) of this section does not limit, and shall not be	21763
construed as limiting, the discretion or authority of the attorney	21764
general with respect to crime victim assistance and criminal	21765
justice programs.	21766

(C) "Juvenile justice system" includes all of the functions	21767
of the juvenile courts, the department of youth services, any	21768
public or private agency whose purposes include the prevention of	21769
delinquency or the diversion, adjudication, detention, or	21770
rehabilitation of delinquent children, and any of the functions of	21771
the criminal justice system that are applicable to children.	21772

(D) "Comprehensive plan" means a document that coordinates,	21773
evaluates, and otherwise assists, on an annual or multi-year	21774
basis, any of the functions of the criminal and juvenile justice	21775
systems of the state or a specified area of the state, that	21776
conforms to the priorities of the state with respect to criminal	21777
and juvenile justice systems, and that conforms with the	21778
requirements of all federal criminal justice acts. These functions	21779
may include, but are not limited to, any of the following:	21780

(1) Crime and delinquency prevention;

21781

(2) Identification, detection, apprehension, and detention of	21782
persons charged with criminal offenses or delinquent acts;	21783

(3) Assistance to crime victims or witnesses, except that the	21784
comprehensive plan does not include the functions of the attorney	21785
general pursuant to sections 109.91 and 109.92 of the Revised	21786
Code;	21787

(4) Adjudication or diversion of persons charged with	21788
criminal offenses or delinquent acts;	21789

(5) Custodial treatment of criminal offenders, delinquent	21790
children, or both;	21791

(6) Institutional and noninstitutional rehabilitation of	21792
criminal offenders, delinquent children, or both.	21793

(E) "Metropolitan county criminal justice services agency"	21794
means an agency that is established pursuant to division (A) of	21795
section 5502.64 of the Revised Code.	21796

(F) "Administrative planning district" means a district that	21797
is established pursuant to division (A) or (B) of section 5502.66	21798
of the Revised Code.	21799

(G) "Criminal justice coordinating council" means a criminal	21800
justice services agency that is established pursuant to division	21801
(D) of section 5502.66 of the Revised Code.	21802

(H) "Local elected official" means any person who is a member	21803
of a board of county commissioners or township trustees or of a	21804
city or village council, judge of the court of common pleas, a	21805
municipal court, or a county court, sheriff, county coroner,	21806
prosecuting attorney, city director of law, village solicitor, or	21807
mayor.	21808

(I) "Juvenile justice coordinating council" means a juvenile	21809
justice services agency that is established pursuant to division	21810
(D) of section 5502.66 of the Revised Code.	21811

(J) "Mcgruff house program" means a program in which	21812
individuals or families volunteer to have their homes or other	21813
buildings serve as places of temporary refuge for children and to	21814
display the mcgruff house symbol identifying the home or building	21815
as that type of place.	21816

(K) "Mcgruff house symbol" means the symbol that is	21817
characterized by the image of "mcgruff," the crime dog, and the	21818
slogan "take a bite out of crime," and that has been adopted by	21819
the national crime prevention council as the symbol of its	21820
national citizens' crime prevention campaign.	21821

(L) "Sponsoring agency" means any of the following:

21822

(1) The board of education of any city, local, or exempted	21823
village school district;	21824

(2) The governing board of any educational service center;

21825

(3) The governing authority of any chartered nonpublic	21826
school;	21827

(4) The police department of any municipal corporation,	21828
township, township police district, or joint township police	21829
district;	21830

(5) The office of any township constable or county sheriff.

21831

Sec. 5503.04. ~~Forty-five~~Subject to division (F)(2) of	21832
section 1901.31 of the Revised Code, forty-five per cent of the	21833
fines collected from or moneys arising from bail forfeited by	21834
persons apprehended or arrested by state highway patrol troopers	21835
shall be paid into the state treasury to be credited to the	21836
general revenue fund, five per cent shall be paid into the state	21837
treasury to be credited to the trauma and emergency medical	21838
services grants fund created by division (E) of section 4513.263	21839
of the Revised Code, and fifty per cent shall be paid into the	21840
treasury of the municipal corporation where the case is	21841
prosecuted, if in a ~~mayor's~~community court. If the prosecution is	21842
in a trial court outside a municipal corporation, or outside the	21843
territorial jurisdiction of a municipal court, the fifty per cent	21844
of the fines and moneys that is not paid into the state treasury	21845
shall be paid into the treasury of the county where the case is	21846
prosecuted. The fines and moneys paid into a county treasury and	21847
the fines and moneys paid into the treasury of a municipal	21848
corporation shall be deposited one-half to the same fund and	21849
expended in the same manner as is the revenue received from the	21850
registration of motor vehicles, and one-half to the general fund	21851
of such county or municipal corporation.	21852

If the prosecution is in a municipal court, forty-five per	21853
cent of the fines and moneys shall be paid into the state treasury	21854
to be credited to the general revenue fund, five per cent shall be	21855
paid into the state treasury to be credited to the trauma and	21856
emergency medical services grants fund created by division (E) of	21857
section 4513.263 of the Revised Code, ten per cent shall be paid	21858
into the county treasury to be credited to the general fund of the	21859
county, and forty per cent shall be paid into the municipal	21860
treasury to be credited to the general fund of the municipal	21861
corporation. In the Auglaize county, Clermont county, Crawford	21862
county, Hocking county, Jackson county, Lawrence county, Madison	21863
county, Miami county, Ottawa county, Portage county, and Wayne	21864
county municipal courts, that portion of money otherwise paid into	21865
the municipal treasury shall be paid into the county treasury.	21866

The trial court shall make remittance of the fines and moneys	21867
as prescribed in this section, and at the same time as the	21868
remittance is made of the state's portion to the state treasury,	21869
the trial court shall notify the superintendent of the state	21870
highway patrol of the case and the amount covered by the	21871
remittance.	21872

This section does not apply to fines for violations of	21873
division (B) of section 4513.263 of the Revised Code, or for	21874
violations of any municipal ordinance or township resolution that	21875
is substantively comparable to that division, all of which,	21876
subject to division (F)(2) of section 1901.31 of the Revised	21877
Code, shall be delivered to the treasurer of state as provided in	21878
division (E) of section 4513.263 of the Revised Code.	21879

Section 2. That existing sections 109.42, 109.572, 109.60,	21880
120.03, 120.14, 120.15, 120.16, 120.18, 120.24, 120.25, 120.26,	21881
120.28, 120.33, 120.36, 309.08, 341.23, 341.33, 503.44, 503.46,	21882
504.04, 504.05, 504.06, 504.08, 504.15, 705.14, 705.55, 733.40,	21883
733.44, 733.51, 733.52, 743.14, 753.02, 753.021, 753.04, 753.08,	21884
925.31, 955.99, 1901.021, 1901.024, 1901.026, 1901.04, 1901.08,	21885
1901.11, 1901.181, 1901.31, 1905.29, 1907.012, 1923.01, 1923.02,	21886
1923.10, 2152.021, 2152.03, 2152.16, 2152.18, 2152.21, 2152.41,	21887
2325.15, 2335.06, 2335.08, 2335.09, 2743.51, 2743.60, 2743.70,	21888
2901.01, 2903.04, 2903.06, 2903.08, 2903.212, 2903.213, 2903.214,	21889
2907.24, 2907.27, 2907.28, 2907.41, 2913.01, 2915.01, 2917.11,	21890
2917.41, 2919.25, 2919.251, 2919.26, 2919.271, 2921.25, 2921.51,	21891
2921.52, 2929.142, 2929.21, 2930.01, 2931.01, 2933.02, 2933.03,	21892
2933.04, 2933.05, 2933.06, 2933.10, 2935.01, 2935.03, 2935.13,	21893
2935.14, 2935.17, 2935.27, 2935.33, 2935.36, 2937.08, 2937.221,	21894
2937.23, 2937.46, 2937.99, 2938.02, 2938.04, 2941.51, 2945.17,	21895
2947.23, 2949.02, 2950.01, 2951.041, 2953.02, 2953.03, 2953.07,	21896
2953.09, 2953.31, 2953.36, 3113.31, 3301.88, 3313.662, 3319.20,	21897
3319.31, 3327.10, 3345.23, 3375.50, 3375.51, 3397.41, 3397.43,	21898
4112.02, 4113.52, 4301.252, 4501.11, 4503.13, 4503.233, 4503.234,	21899
4506.07, 4506.15, 4506.18, 4507.02, 4507.06, 4507.091, 4507.164,	21900
4509.33, 4509.35, 4510.01, 4510.03, 4510.031, 4510.032, 4510.034,	21901
4510.036, 4510.038, 4510.04, 4510.05, 4510.07, 4510.11, 4510.12,	21902
4510.13, 4510.14, 4510.15, 4510.16, 4510.161, 4510.17, 4510.22,	21903
4510.31, 4510.41, 4510.43, 4510.53, 4510.54, 4511.01, 4511.181,	21904
4511.19, 4511.191, 4511.192, 4511.193, 4511.194, 4511.195,	21905
4511.196, 4511.197, 4511.203, 4511.211, 4511.512, 4511.63,	21906
4511.69, 4511.75, 4511.76, 4511.761, 4511.762, 4511.764, 4511.77,	21907
4511.79, 4511.81, 4513.263, 4513.35, 4513.37, 4521.01, 4549.17,	21908
4730.31, 4731.223, 4760.15, 4762.15, 4999.06, 5104.09, 5123.081,	21909
5126.28, 5309.54, 5321.05, 5502.61, and 5503.04 and sections	21910
1905.01, 1905.02, 1905.03, 1905.031, 1905.032, 1905.033, 1905.04,	21911
1905.05, 1905.08, 1905.17, 1905.20, 1905.201, 1905.21, 1905.22,	21912
1905.23, 1905.24, 1905.25, 1905.26, 1905.28, 1905.30, 1905.31,	21913
1905.32, 1905.34, 1905.35, 1905.36, 1905.37, 2933.07, 2933.08,	21914
and 2933.09of the Revised Code are hereby repealed.	21915

Section 3. Sections 1 and 2 of this act, except for sections	21916
1905.41 and 1905.42 of the Revised Code, shall take effect on	21917
January 1, 2009.	21918

Section 4. (A) Effective January 1, 2009, all mayor's courts	21919
are abolished.	21920

(B) All causes, executions, and other proceedings pending in	21921
a mayor's court at the close of business on December 31, 2008,	21922
shall be transferred to and proceed in the appropriate municipal	21923
court, county court, or community court pursuant to sections	21924
1905.41 and 1905.42 of the Revised Code on January 1, 2009, as if	21925
originally instituted in that court. Parties to those causes,	21926
executions, and proceedings may make any amendments to their	21927
pleadings that are required to conform them to the rules of	21928
transferee court. The clerk or other custodian of each mayor's	21929
court shall transfer to the appropriate municipal, county, or	21930
community court all pleadings, orders, entries, dockets, bonds,	21931
papers, records, books, exhibits, files, moneys, property, and	21932
persons that belong to, are in the possession of, or are subject	21933
to the jurisdiction of the mayor's court, or any officer of that	21934
court, at the close of business on December 31, 2008, and that	21935
pertain to those causes, executions, and proceedings.	21936

Section 5. Section 1923.01 of the Revised Code as amended by	21937
both Sub. H.B. 56 and Am. Sub. S.B. 10 of the 127th General	21938
Assembly.	21939

Section 1923.02 of the Revised Code as amended by both Sub.	21940
H.B. 56 and Am. Sub. S.B. 10 of the 127th General Assembly.	21941

Section 2921.51 of the Revised Code as amended by both Sub.	21942
H.B. 259 and Sub. S.B. 281 of the 126th General Assembly.	21943

Section 2935.01 of the Revised Code as amended by both Sub.	21944
H.B. 545 and H.B. 675 of the 124th General Assembly.	21945

Section 2935.36 of the Revised Code as amended by both Am.	21946
Sub. H.B. 95 and Am. Sub. S.B. 5 of the 125th General Assembly.	21947

Section 2937.23 of the Revised Code as amended by both Sub.	21948
H.B. 202 and Am. S.B. 142 of the 123rd General Assembly.	21949

Section 2953.07 of the Revised Code as amended by both Am.	21950
Sub. S.B. 2 and Am. Sub. S.B. 4 of the 121st General Assembly.	21951

Section 4503.13 of the Revised Code as amended by Am. Sub.	21952
H.B. 490 of the 124th General Assembly and Am. Sub. H.B. 230 of	21953
the 125th General Assembly.	21954

Sections 4503.233, 4503.234, and 4510.41 of the Revised Code	21955
as amended by both Sub. H.B. 241 and Am. Sub. H.B. 461 of the	21956
126th General Assembly. The General Assembly, applying the	21957
principle stated in division (B) of section 1.52 of the Revised	21958
Code that amendments are to be harmonized if reasonably capable	21959
of simultaneous operation, finds that the composites are the	21960
resulting versions of the sections in effect prior to the	21961
effective date of the sections as presented in this act.	21962