Sec. 2929.14. (A) Except as provided in
division (C), | 20 |
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), or (G) of | 21 |
this
section and except
in relation to an offense for which a | 22 |
sentence
of death or life
imprisonment is to be imposed, if the | 23 |
court
imposing a sentence
upon an offender for a felony elects or | 24 |
is
required to impose a
prison term on the offender pursuant to | 25 |
this
chapter, the court shall
impose a definite prison term that | 26 |
shall
be one of the following: | 27 |
(4) For a felony of the fourth degree, the prison term
shall | 34 |
be six, seven, eight, nine, ten, eleven, twelve, thirteen, | 35 |
fourteen, fifteen, sixteen, seventeen, or eighteen months. | 36 |
(B) Except as provided in division (C),
(D)(1), (D)(2), | 39 |
(D)(3), (D)(5), (D)(6), (D)(7), or (G) of this section, in section | 40 |
2907.02 or 2907.05
of the Revised
Code, or in Chapter
2925. of the | 41 |
Revised Code, if the court
imposing a sentence upon an offender | 42 |
for a felony elects or is
required to impose a prison term on the | 43 |
offender, the court shall
impose the shortest prison term | 44 |
authorized for the offense
pursuant to division (A) of this | 45 |
section, unless
one or more
of
the following applies: | 46 |
(C) Except as provided in division (G) of this section or in | 53 |
Chapter 2925. of
the Revised Code, the court imposing a sentence | 54 |
upon an
offender for a felony may impose the longest prison term | 55 |
authorized for the offense pursuant to division (A) of
this | 56 |
section only upon offenders who committed the worst forms of
the | 57 |
offense, upon offenders who pose the greatest likelihood of | 58 |
committing future crimes, upon certain major drug offenders under | 59 |
division (D)(3) of this section, and upon certain repeat
violent | 60 |
offenders in accordance with division (D)(2) of
this section. | 61 |
(b) If a
court imposes a prison term on
an
offender under | 86 |
division (D)(1)(a) of this section, the prison
term shall not be | 87 |
reduced pursuant to section 2929.20, section 2967.193,
or
any | 88 |
other provision of Chapter 2967. or Chapter 5120. of the
Revised | 89 |
Code. A court shall not
impose more than one prison term on an | 90 |
offender under
division (D)(1)(a) of this section for felonies | 91 |
committed as part of
the same act or transaction. | 92 |
(c) Except as provided in division
(D)(1)(e)
of this
section, | 93 |
if an offender who is convicted of or pleads
guilty to a
violation | 94 |
of section 2923.161 of the
Revised
Code or to a felony
that | 95 |
includes,
as an essential element, purposely or knowingly
causing | 96 |
or
attempting to cause the death of or physical harm to
another, | 97 |
also is convicted of or pleads guilty to a specification
of the | 98 |
type described in section 2941.146 of the
Revised
Code that | 99 |
charges the offender
with committing the offense by discharging a | 100 |
firearm from a
motor vehicle other than a manufactured
home, the | 101 |
court, after imposing
a prison term on the offender for the | 102 |
violation of section
2923.161 of the Revised
Code or for the other | 103 |
felony
offense under division (A), (D)(2), or (D)(3) of this | 104 |
section, shall
impose an additional prison term of five years upon | 105 |
the offender
that shall not be reduced pursuant to section | 106 |
2929.20, section 2967.193, or
any other provision of Chapter 2967. | 107 |
or Chapter 5120. of the Revised Code. A
court shall not impose | 108 |
more than one additional prison term on an offender under
division | 109 |
(D)(1)(c) of this section for felonies committed as
part of the | 110 |
same
act or transaction. If a court imposes an additional prison | 111 |
term on an
offender under division (D)(1)(c) of this section | 112 |
relative to an offense, the court also shall
impose a prison term | 113 |
under division
(D)(1)(a) of this section
relative to the same | 114 |
offense, provided the criteria specified in that division
for | 115 |
imposing an additional prison term are satisfied relative to the | 116 |
offender
and the offense. | 117 |
(d)
If an offender who is convicted of or pleads guilty to | 118 |
an offense
of violence that is a felony also is convicted of or | 119 |
pleads guilty to a
specification of the type described in section | 120 |
2941.1411 of the Revised Code that charges the
offender with | 121 |
wearing or carrying body armor
while committing the felony offense | 122 |
of violence, the court shall
impose on the offender a prison term | 123 |
of two years. The prison
term so imposed shall not be reduced | 124 |
pursuant to section 2929.20,
section 2967.193, or any other | 125 |
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A | 126 |
court shall not impose more
than one prison term
on an offender | 127 |
under division
(D)(1)(d) of this section for
felonies committed as | 128 |
part of
the same act or transaction. If a
court imposes an | 129 |
additional prison
term under division (D)(1)(a)
or (c)
of this | 130 |
section, the
court is not precluded from imposing
an additional | 131 |
prison term under
division (D)(1)(d) of this
section. | 132 |
(e) The court shall not impose any of the
prison terms | 133 |
described in division
(D)(1)(a)
of this section or any of the | 134 |
additional prison terms described in
division (D)(1)(c) of this | 135 |
section upon an
offender for a
violation of section
2923.12 or | 136 |
2923.123 of the Revised Code. The court shall not
impose any of | 137 |
the prison terms described in
division
(D)(1)(a) of this section | 138 |
or any of the additional prison terms
described in division | 139 |
(D)(1)(c) of this section
upon an offender for a violation of | 140 |
section 2923.13 of the
Revised Code unless all of the following | 141 |
apply: | 142 |
(f) If an offender is convicted of or pleads guilty to a
| 148 |
felony that includes, as an essential element, causing or
| 149 |
attempting to cause
the death of or physical
harm to another and
| 150 |
also is convicted of or pleads guilty to a
specification of the
| 151 |
type described in section 2941.1412 of the
Revised Code that
| 152 |
charges the
offender with committing the offense by discharging a
| 153 |
firearm at a
peace officer as defined in section 2935.01 of the
| 154 |
Revised Code or a corrections officer as defined in section | 155 |
2941.1412 of the Revised Code, the court, after imposing a
prison | 156 |
term on the
offender for the felony offense under division (A), | 157 |
(D)(2),
or
(D)(3) of this section, shall impose an additional | 158 |
prison term of
seven years upon the offender that shall not be | 159 |
reduced pursuant
to section 2929.20, section 2967.193, or any | 160 |
other provision of
Chapter 2967. or Chapter 5120. of
the Revised | 161 |
Code. A court
shall
not impose more than one
additional prison | 162 |
term on an
offender
under division (D)(1)(f) of
this section for | 163 |
felonies
committed as
part of the same act or transaction.
If a | 164 |
court
imposes an
additional prison term on an offender under | 165 |
division
(D)(1)(f) of
this section relative to an offense,
the | 166 |
court
shall not impose a
prison term under division (D)(1)(a)
or | 167 |
(c)
of
this section
relative to the same offense. | 168 |
(2)(a) If division (D)(2)(b) of this section does not apply, | 169 |
the
court
may impose on an offender, in addition to the longest | 170 |
prison term
authorized or required for the offense, an additional | 171 |
definite prison term of one, two, three, four, five, six, seven, | 172 |
eight, nine, or ten years if all of the following criteria are | 173 |
met: | 174 |
(ii) The offense of which the offender currently is convicted | 178 |
or to which the offender currently pleads guilty is aggravated | 179 |
murder and the court does not impose a sentence of death or life | 180 |
imprisonment without parole, murder, terrorism and the court does | 181 |
not impose a sentence of life imprisonment without parole, any | 182 |
felony of the first degree that is an offense of violence and the | 183 |
court does not impose a sentence of life imprisonment without | 184 |
parole, or any felony of the second degree that is an offense of | 185 |
violence and the trier of fact finds that the offense involved an | 186 |
attempt to cause or a threat to cause serious physical harm to a | 187 |
person or resulted in serious physical harm to a person. | 188 |
(iv) The court finds that the prison terms imposed pursuant | 191 |
to division (D)(2)(a)(iii) of this section and, if applicable, | 192 |
division (D)(1) or (3) of this section are inadequate to
punish | 193 |
the
offender and protect the public from future crime,
because the | 194 |
applicable factors
under
section 2929.12
of the Revised Code | 195 |
indicating a greater
likelihood of recidivism outweigh
the | 196 |
applicable factors under that section indicating a lesser | 197 |
likelihood of
recidivism. | 198 |
(v) The court finds that the prison terms imposed pursuant to | 199 |
division (D)(2)(a)(iii) of this section and, if applicable, | 200 |
division (D)(1) or (3) of this section are demeaning to the | 201 |
seriousness
of the offense, because one or more of the factors | 202 |
under section
2929.12 of the Revised Code
indicating that the | 203 |
offender's conduct
is more serious than conduct normally | 204 |
constituting the offense are
present, and they outweigh the | 205 |
applicable
factors under that
section indicating that the | 206 |
offender's
conduct is
less serious
than conduct normally | 207 |
constituting the offense. | 208 |
(b) The court shall impose on an offender the longest prison | 209 |
term authorized or required for the offense and shall impose on | 210 |
the offender an additional definite prison term of one, two, | 211 |
three, four, five, six, seven, eight, nine, or ten years if all of | 212 |
the following criteria are met: | 213 |
(ii) The offender within the preceding twenty years has been | 217 |
convicted of or pleaded guilty to three or more offenses described | 218 |
in division (DD)(1) of section 2929.01 of the Revised Code, | 219 |
including all offenses described in that division of which the | 220 |
offender is convicted or to which the offender pleads guilty in | 221 |
the current prosecution and all offenses described in that | 222 |
division of which the offender previously has been convicted or to | 223 |
which the offender previously pleaded guilty, whether prosecuted | 224 |
together or separately. | 225 |
(iii) The offense or offenses of which the offender currently | 226 |
is convicted or to which the offender currently pleads guilty is | 227 |
aggravated murder and the court does not impose a sentence of | 228 |
death or life imprisonment without parole, murder, terrorism and | 229 |
the court does not impose a sentence of life imprisonment without | 230 |
parole, any felony of the first degree that is an offense of | 231 |
violence and the court does not impose a sentence of life | 232 |
imprisonment without parole, or any felony of the second degree | 233 |
that is an offense of violence and the trier of fact finds that | 234 |
the offense involved an attempt to cause or a threat to cause | 235 |
serious physical harm to a person or resulted in serious physical | 236 |
harm to a person. | 237 |
(3)(a) Except when an offender commits a
violation of
section | 251 |
2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for | 252 |
the
violation is life imprisonment or commits a
violation of | 253 |
section
2903.02 of the Revised Code, if the offender
commits a | 254 |
violation of section 2925.03 or 2925.11 of
the Revised
Code and | 255 |
that section classifies the offender as a major drug
offender and | 256 |
requires the
imposition of a ten-year prison term on
the offender, | 257 |
if
the offender commits a felony violation of
section 2925.02, | 258 |
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, | 259 |
4729.37, or
4729.61, division (C) or (D) of
section 3719.172, | 260 |
division
(C) of section 4729.51, or division (J)
of section | 261 |
4729.54
of the Revised Code that includes the sale,
offer to sell, | 262 |
or possession of a schedule
I or II controlled
substance, with the | 263 |
exception of
marihuana, and the
court imposing
sentence upon the | 264 |
offender finds
that the offender is guilty of a
specification of | 265 |
the type
described in section 2941.1410 of the
Revised Code | 266 |
charging
that the offender is a
major drug offender,
if the court | 267 |
imposing sentence upon an offender for
a felony
finds
that the | 268 |
offender is guilty
of corrupt activity with the
most
serious | 269 |
offense in the pattern
of corrupt activity being a
felony
of the | 270 |
first degree, or if the offender is guilty of
an attempted | 271 |
violation of section 2907.02 of the Revised Code and, had the | 272 |
offender completed the violation of section 2907.02 of the Revised | 273 |
Code that was attempted, the offender would have been subject to a | 274 |
sentence of life imprisonment or life imprisonment without parole | 275 |
for the violation of section 2907.02 of the Revised Code, the | 276 |
court shall
impose upon
the offender for the felony violation a | 277 |
ten-year
prison term that
cannot be reduced pursuant to section | 278 |
2929.20 or
Chapter
2967. or 5120. of the Revised Code. | 279 |
(b) The court imposing a prison term on an
offender under | 280 |
division (D)(3)(a) of this
section may impose an additional prison | 281 |
term of one, two, three,
four, five, six, seven, eight, nine, or | 282 |
ten years, if the court,
with respect to the term imposed under | 283 |
division
(D)(3)(a) of this section and, if
applicable, divisions | 284 |
(D)(1) and (2) of this section,
makes both of the findings set | 285 |
forth in divisions
(D)(2)(a)(iv) and (v) of this section. | 286 |
(4) If the offender is being sentenced for a third or fourth | 287 |
degree felony
OVI offense under division (G)(2) of section
2929.13 | 288 |
of the Revised
Code,
the sentencing court shall impose
upon the | 289 |
offender a mandatory prison term in
accordance with that
division. | 290 |
In addition to the mandatory prison term, if the offender is being | 291 |
sentenced for a fourth degree felony OVI offense, the court, | 292 |
notwithstanding division (A)(4) of this section, may sentence the | 293 |
offender to a definite prison term of not less than six months and | 294 |
not more than thirty months, and if the offender is being | 295 |
sentenced for a third degree felony OVI offense, the
sentencing | 296 |
court may sentence the offender to an additional prison
term of | 297 |
any
duration specified in division (A)(3) of this section. In | 298 |
either case, the additional prison term imposed shall be reduced | 299 |
by the sixty or one
hundred twenty days imposed upon the
offender | 300 |
as the mandatory prison term.
The total of the
additional prison | 301 |
term imposed under division (D)(4) of this
section
plus the sixty | 302 |
or one hundred twenty days imposed as the
mandatory prison term | 303 |
shall equal a definite term in the range of six months to thirty | 304 |
months for a fourth degree felony OVI offense and shall equal one | 305 |
of
the authorized prison
terms specified in division (A)(3) of | 306 |
this section for a third degree felony OVI offense. If
the court | 307 |
imposes an additional prison term under division (D)(4) of this | 308 |
section, the offender shall serve the additional prison term after | 309 |
the
offender has served the mandatory prison term required for the | 310 |
offense. In addition to the mandatory prison term or mandatory and | 311 |
additional prison term imposed as described in division (D)(4) of | 312 |
this section, the
court also may sentence the offender to a | 313 |
community
control sanction under
section 2929.16 or 2929.17 of the | 314 |
Revised
Code, but the offender shall serve all of the prison terms | 315 |
so imposed prior to serving the community control sanction. | 316 |
(5) If an offender is convicted of or pleads guilty to a | 322 |
violation of division (A)(1) or (2) of section 2903.06 of the | 323 |
Revised Code and also is convicted of or pleads guilty to a | 324 |
specification of the type described in section 2941.1414 of the | 325 |
Revised Code that charges that the victim of the offense is a | 326 |
peace officer, as defined in section 2935.01 of the Revised Code, | 327 |
the court shall impose on the offender a prison term of five | 328 |
years. If a court imposes a prison term on an offender under | 329 |
division (D)(5) of this section, the prison term shall not be | 330 |
reduced pursuant to section 2929.20, section 2967.193, or any | 331 |
other provision of Chapter 2967. or Chapter 5120. of the Revised | 332 |
Code. A court shall not impose more than one prison term on an | 333 |
offender under division (D)(5) of this section for felonies | 334 |
committed as part of the same act. | 335 |
(6) If an offender is convicted of or pleads guilty to a | 336 |
violation of division (A)(1) or (2) of section 2903.06 of the | 337 |
Revised Code and also is convicted of or pleads guilty to a | 338 |
specification of the type described in section 2941.1415 of the | 339 |
Revised Code that charges that the offender previously has been | 340 |
convicted of or pleaded guilty to three or more violations of | 341 |
division (A)
or (B) of section 4511.19 of the Revised Code or an | 342 |
equivalent
offense, as defined in section 2941.1415 of the Revised | 343 |
Code, or three or more violations of any combination of those | 344 |
divisions and offenses, the
court shall impose on the offender a | 345 |
prison term of three years.
If a court imposes a prison term on an | 346 |
offender under division
(D)(6) of this section, the prison term | 347 |
shall not be reduced
pursuant to section 2929.20, section | 348 |
2967.193, or any other
provision of Chapter 2967. or Chapter 5120. | 349 |
of the Revised Code.
A
court shall not impose more than one prison | 350 |
term on an offender
under division (D)(6) of this section for | 351 |
felonies committed as
part of the same act. | 352 |
(7) If an offender is convicted of or pleads guilty to a | 353 |
sexually oriented offense or a child-victim oriented offense that | 354 |
is a felony and also is convicted of or pleads guilty to a | 355 |
specification of the type described in section 2941.1417 of the | 356 |
Revised Code, the court shall impose on the offender a prison term | 357 |
of five years. This division applies regardless of whether the | 358 |
motor vehicle used in committing the offense, to arrive at the | 359 |
location at which the offense was committed, or to flee | 360 |
immediately after committing the offense as set forth in the | 361 |
specification is owned by the offender or another person or is | 362 |
rented or leased. | 363 |
(E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a | 364 |
mandatory prison term
is imposed
upon an offender pursuant to | 365 |
division (D)(1)(a) of this
section for having a firearm on or | 366 |
about the offender's person or under the
offender's
control while | 367 |
committing a felony, if a mandatory prison term
is imposed
upon an | 368 |
offender pursuant to division (D)(1)(c) of
this section for | 369 |
committing a felony specified in that division by discharging
a | 370 |
firearm from a motor vehicle, or if both types of mandatory prison | 371 |
terms
are imposed, the offender shall serve
any mandatory prison | 372 |
term
imposed under either division
consecutively to any other | 373 |
mandatory prison term imposed under either division
or under | 374 |
division (D)(1)(d) of this
section,
consecutively to and prior to | 375 |
any prison term
imposed for the underlying felony pursuant to | 376 |
division (A),
(D)(2), or (D)(3) of this section or any other | 377 |
section of the Revised Code, and consecutively to any other prison | 378 |
term
or
mandatory prison term previously or subsequently imposed | 379 |
upon the
offender. | 380 |
(b) If a mandatory prison term is imposed upon an offender | 381 |
pursuant to division (D)(1)(d) of this section for
wearing or | 382 |
carrying body armor while committing an offense of violence that | 383 |
is a felony,
the offender shall serve the mandatory
term so | 384 |
imposed consecutively to any other mandatory prison term
imposed | 385 |
under that division or under division (D)(1)(a)
or (c) of
this | 386 |
section, consecutively to and prior to any prison term imposed for | 387 |
the underlying felony under division (A), (D)(2), or
(D)(3)
of | 388 |
this section or any other section of the Revised Code, and | 389 |
consecutively to any other
prison term or mandatory prison term | 390 |
previously or subsequently
imposed upon the offender. | 391 |
(c) If a mandatory prison term is imposed upon an offender | 392 |
pursuant to division (D)(1)(f) of this section, the offender shall | 393 |
serve the mandatory prison term so imposed consecutively to and | 394 |
prior to any prison term imposed for the underlying felony under | 395 |
division (A), (D)(2), or (D)(3) of this section or any other | 396 |
section of the Revised Code, and consecutively to any other prison | 397 |
term or mandatory prison term previously or subsequently imposed | 398 |
upon the offender. | 399 |
(2) If an offender who is an inmate in a jail, prison,
or | 400 |
other residential detention facility violates section 2917.02, | 401 |
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender | 402 |
who is under detention at a detention facility commits a felony | 403 |
violation of section 2923.131 of the Revised Code, or if an | 404 |
offender who is an
inmate in a jail, prison, or other residential | 405 |
detention facility or is under
detention at a detention facility | 406 |
commits another felony while the offender is
an
escapee in | 407 |
violation of
section 2921.34 of the Revised Code, any prison
term | 408 |
imposed upon the offender for one of those violations
shall be | 409 |
served by the offender consecutively to the prison term or term of | 410 |
imprisonment the offender
was serving when the offender committed | 411 |
that offense and to any other prison
term previously or | 412 |
subsequently imposed upon the offender. | 413 |
(3) If a prison term is imposed for a violation of division | 414 |
(B) of section 2911.01 of the Revised
Code, a violation of | 415 |
division (A) of section 2913.02 of the Revised Code in which the | 416 |
stolen property is a firearm or dangerous ordnance, or a felony | 417 |
violation of division
(B) of section 2921.331
of the Revised Code, | 418 |
the offender shall serve that
prison term
consecutively to any | 419 |
other prison term or mandatory prison term
previously or | 420 |
subsequently
imposed upon the offender. | 421 |
(4) If multiple prison terms are imposed on an offender
for | 422 |
convictions of multiple offenses, the court may require the | 423 |
offender to serve the prison terms consecutively if the court | 424 |
finds that the consecutive service is necessary to protect the | 425 |
public from future crime or to punish the offender and that | 426 |
consecutive sentences are not disproportionate to the seriousness | 427 |
of the
offender's conduct and to the danger the offender
poses to | 428 |
the public, and if the court also finds any
of the following: | 429 |
(5) If a mandatory prison term is imposed upon an offender | 444 |
pursuant to division (D)(5) or (6) of this section, the offender | 445 |
shall serve the mandatory prison term consecutively to and prior | 446 |
to any prison term imposed for the underlying violation of | 447 |
division (A)(1) or (2) of section 2903.06 of the Revised Code | 448 |
pursuant to division (A) of this section. If a mandatory prison | 449 |
term is imposed upon an offender pursuant to division (D)(5) of | 450 |
this section, and if a mandatory prison term also is imposed upon | 451 |
the offender pursuant to division (D)(6) of this section in | 452 |
relation to the same violation, the offender shall serve the | 453 |
mandatory prison term imposed pursuant to division (D)(5) of this | 454 |
section consecutively to and prior to the mandatory prison term | 455 |
imposed pursuant to division (D)(6) of this section and | 456 |
consecutively to and prior to any prison term imposed for the | 457 |
underlying violation of division (A)(1) or (2) of section 2903.06 | 458 |
of the Revised Code pursuant to division (A) of this section. | 459 |
(F)(1) If a court imposes a prison term for a felony of the | 469 |
first degree, for a felony of the second degree, for a felony sex | 470 |
offense, or for a felony of the third degree that is not a felony | 471 |
sex offense and in the commission of which the offender caused or | 472 |
threatened to cause physical harm to a person, it shall
include in | 473 |
the sentence a
requirement that the offender be subject
to a | 474 |
period of
post-release control after the offender's release
from | 475 |
imprisonment, in
accordance with that division. If a court imposes | 476 |
a sentence including a prison term of a type described in this | 477 |
division on or after the effective date of this amendmentJuly 11, | 478 |
2006, the failure of a court to include a post-release control | 479 |
requirement in the sentence pursuant to this division does not | 480 |
negate, limit, or otherwise affect the mandatory period of | 481 |
post-release control that is required for the offender under | 482 |
division (B) of section 2967.28 of the Revised Code. Section | 483 |
2929.191 of the Revised Code applies if, prior to the effective | 484 |
date of this amendmentJuly 11, 2006, a court imposed a sentence | 485 |
including a prison term of a type described in this division and | 486 |
failed to include in the sentence pursuant to this division a | 487 |
statement regarding post-release control. | 488 |
(2) If a court
imposes a prison term
for a felony of the | 489 |
third, fourth, or fifth degree that is not subject to division | 490 |
(F)(1) of this section, it
shall include in the sentence a | 491 |
requirement that the
offender be
subject to a period of | 492 |
post-release control after the
offender's release
from | 493 |
imprisonment, in accordance with that
division, if the
parole | 494 |
board determines that a period of
post-release control is | 495 |
necessary. Section 2929.191 of the Revised Code applies if, prior | 496 |
to the effective date of this amendmentJuly 11, 2006, a court | 497 |
imposed a sentence including a prison term of a type described in | 498 |
this division and failed to include in the sentence pursuant to | 499 |
this division a statement regarding post-release control. | 500 |
(G) If a person is convicted of or pleads guilty to a
violent | 501 |
sex
offense or a designated homicide, assault, or kidnapping | 502 |
offense and, in relation to that offense, the offender is | 503 |
adjudicated a sexually violent
predator, the court shall impose | 504 |
sentence upon the offender in
accordance with section 2971.03 of | 505 |
the Revised
Code, and Chapter
2971. of the Revised Code applies | 506 |
regarding the prison term
or
term of life imprisonment without | 507 |
parole imposed upon the offender
and the
service of that term of | 508 |
imprisonment. | 509 |
(I) If an offender who is convicted of or pleads guilty to a | 517 |
felony that is an offense of violence
also is convicted of or | 518 |
pleads guilty to a specification of the
type described in section | 519 |
2941.142 of the
Revised Code that charges the offender with having | 520 |
committed
the felony while participating in a criminal gang, the | 521 |
court shall impose upon
the offender an additional prison term of | 522 |
one, two, or three years. | 523 |
(J) If an offender who is convicted of or pleads guilty to | 524 |
aggravated murder, murder, or a
felony of the first, second, or | 525 |
third degree that is an
offense of violence also is convicted of | 526 |
or pleads guilty to a
specification of the type described in | 527 |
section 2941.143 of the
Revised
Code that charges the offender | 528 |
with having committed the offense in a school safety
zone or | 529 |
towards a person in a school safety zone, the court shall impose | 530 |
upon the offender an additional prison term of two years. The | 531 |
offender shall
serve the additional two years consecutively to and | 532 |
prior to the prison term
imposed for the underlying offense. | 533 |
(K) At the time of sentencing, the court
may recommend the | 534 |
offender for
placement in a program of shock incarceration
under | 535 |
section 5120.031 of the Revised Code or for
placement
in an | 536 |
intensive program prison
under
section 5120.032 of the Revised | 537 |
Code, disapprove placement of the
offender in a program of shock | 538 |
incarceration or
an intensive
program
prison
of that nature, or | 539 |
make
no recommendation on placement of
the offender.
In no case | 540 |
shall
the department of rehabilitation and correction place the | 541 |
offender
in a program or prison of that nature unless the | 542 |
department
determines as specified in section 5120.031 or 5120.032 | 543 |
of the
Revised Code, whichever is applicable, that the offender is | 544 |
eligible for the placement. | 545 |
If the court does not make a recommendation under this | 562 |
division with
respect to an
offender
and if the
department | 563 |
determines as specified in section 5120.031 or 5120.032
of the | 564 |
Revised Code, whichever is applicable, that the offender is | 565 |
eligible for placement in a program or prison of that nature, the | 566 |
department shall screen the offender and
determine if there is an | 567 |
available program of shock incarceration or an
intensive program | 568 |
prison for which the offender is suited. If there is an
available | 569 |
program of shock incarceration or an intensive program prison for | 570 |
which the offender is suited, the department shall notify the | 571 |
court of the
proposed placement of the offender
as specified in | 572 |
section 5120.031 or 5120.032 of the Revised Code and shall include | 573 |
with the notice a brief
description of the placement. The court | 574 |
shall have ten days from receipt of
the notice to disapprove the | 575 |
placement. | 576 |
(C) If a court sentences an offender to a jail term under | 597 |
this
section and the court assigns the offender to a county jail | 598 |
that
has established a county jail industry program pursuant to | 599 |
section
5147.30 of the Revised Code, the court shall specify, as | 600 |
part of
the sentence, whether the offender may be considered for | 601 |
participation in the program. During the offender's term in the | 602 |
county
jail, the court retains jurisdiction to modify its | 603 |
specification
regarding the offender's participation in the county | 604 |
jail industry
program. | 605 |
(D) If a person is sentenced to a jail term
pursuant to this | 606 |
section, the
court may impose as part of the sentence pursuant to | 607 |
section
2929.28 of the Revised Code a reimbursement sanction, and,
| 608 |
if
the
local detention facility in which the term is to be served | 609 |
is covered by a policy adopted
pursuant
to section 307.93, 341.14, | 610 |
341.19, 341.21, 341.23,
753.02, 753.04,
753.16, 2301.56, or | 611 |
2947.19 of the Revised Code
and section
2929.37 of the Revised | 612 |
Code, both of the following
apply: | 613 |
(E)(1) If an offender who is convicted of or pleads guilty to | 628 |
a
violation of division (B) of section 4511.19 of the Revised Code | 629 |
also is convicted of or also pleads guilty to a specification of | 630 |
the type described in section 2941.1416 of the Revised Code and
if | 631 |
the court imposes a
jail term on the offender for the underlying | 632 |
offense, the court shall
impose upon the offender an additional | 633 |
definite jail term of not more than six months. The
additional | 634 |
jail term shall not be reduced pursuant to
any provision of the | 635 |
Revised Code. The offender shall serve the
additional jail term | 636 |
consecutively to and prior to the
jail term imposed for the | 637 |
underlying offense and
consecutively
to any other mandatory term | 638 |
imposed in relation to
the offense. | 639 |
(2) If an offender is convicted of or pleads guilty to a | 640 |
sexually oriented offense or a child-victim oriented offense that | 641 |
is a misdemeanor and also is convicted of or pleads guilty to a | 642 |
specification of the type described in section 2941.1417 of the | 643 |
Revised Code, the court shall impose on the offender a mandatory | 644 |
jail term of one year. The mandatory jail term shall not be | 645 |
reduced pursuant to any provision of the Revised Code. The | 646 |
offender shall serve the mandatory jail term consecutively to and | 647 |
prior to any jail term imposed for the underlying sexually | 648 |
oriented offense or child-victim oriented offense and | 649 |
consecutively to any other mandatory term imposed in relation to | 650 |
that offense. This division applies regardless of whether the | 651 |
motor vehicle used in committing the offense, to arrive at the | 652 |
location at which the offense was committed, or to flee | 653 |
immediately after committing the offense as specified in the | 654 |
specification is owned by the offender or another person or is | 655 |
rented or leased. | 656 |
Sec. 2941.1421. (A) Imposition of a five-year mandatory | 657 |
prison term upon an offender under division (D)(7) of section | 658 |
2929.14 of the Revised Code and imposition of a one-year mandatory | 659 |
jail term upon an offender under division (E)(2) of section | 660 |
2929.24 of the Revised Code is precluded unless the offender is | 661 |
convicted of or pleads guilty to committing a sexually oriented | 662 |
offense or a child-victim oriented offense and unless the | 663 |
indictment, count in the indictment, or information charging the | 664 |
offense specifies that at the time the offender committed the | 665 |
offense an order issued under division (A) of section 2950.15 of | 666 |
the Revised Code applied to the offender, that the offender used a | 667 |
motor vehicle in committing the offense, to arrive at the location | 668 |
at which the offense was committed, or to flee immediately after | 669 |
committing the offense, and that the motor vehicle so used did not | 670 |
display SORN law license plates described in section 4503.237 of | 671 |
the Revised Code. The specification shall be stated at the end of | 672 |
the body of the indictment, count, or information and shall be | 673 |
stated in substantially the following form: | 674 |
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The | 675 |
Grand Jurors (or insert the person's or the prosecuting attorney's | 676 |
name when appropriate) further find and specify that (set forth | 677 |
that, at the time the offender committed the offense, an order | 678 |
issued under division (A) of section 2950.15 of the Revised Code | 679 |
applied to the offender, that the offender used a motor vehicle in | 680 |
committing the offense, to arrive at the location at which the | 681 |
offense was committed, or to flee immediately after committing the | 682 |
offense, and that the motor vehicle so used did not display SORN | 683 |
law license plates described in section 4503.237 of the Revised | 684 |
Code). | 685 |
Sec. 2950.15. (A)(1) In any case in which an offender who is | 689 |
sentenced on or after the effective date of this section for a | 690 |
sexually oriented offense is required to register a residence | 691 |
address pursuant to section 2950.04 of the Revised Code based on | 692 |
that offense, the court shall issue an order prohibiting the | 693 |
offender from operating a motor vehicle upon the public roads and | 694 |
highways or upon any public or private property used by the public | 695 |
for purposes of vehicular travel or parking unless, subject to | 696 |
division (C) of this section, the vehicle the offender is | 697 |
operating displays the sex offender registration and notification | 698 |
law (SORN law) license plates described in section 4503.237 of the | 699 |
Revised Code. The court shall give a copy of the order to the | 700 |
offender. Except as provided in division (B) of this section, the | 701 |
order shall remain in effect for the same period of time | 702 |
prescribed by section 2950.07 of the Revised Code that the | 703 |
offender is required to register a residence address. | 704 |
A separate order shall be issued under this division for each | 705 |
sexually oriented offense for which an offender is sentenced on or | 706 |
after the effective date of this section and for which the | 707 |
offender is required to register a residence address based on that | 708 |
offense. If the offender is required to register a residence | 709 |
address pursuant to section 2950.04 of the Revised Code based on | 710 |
the conviction of or plea of guilty to more than one sexually | 711 |
oriented offense for which sentence is imposed on or after the | 712 |
effective date of this section, the period of time for which the | 713 |
orders issued under this division remain in effect shall be | 714 |
separately calculated for each of the sexually oriented offenses, | 715 |
and the separately calculated periods of time shall be complied | 716 |
with independently. | 717 |
(B) Not sooner than five years after the imposition of an | 724 |
order under division (A) of this section, an offender who is | 725 |
subject to the order may file a petition in the court that issued | 726 |
the order requesting the termination of the order. The court may | 727 |
deny the petition without a hearing but may conduct a hearing on | 728 |
the matter. In making a determination to terminate the order, the | 729 |
court shall consider all relevant factors, including public | 730 |
safety, the interests of justice, and the determinations, | 731 |
findings, and declarations of the general assembly regarding sex | 732 |
offenders and child-victim offenders that are set forth in section | 733 |
2950.02 of the Revised Code. No court shall terminate the order if | 734 |
the person, within the duration of the order, has been convicted | 735 |
of or pleaded guilty to any sexually oriented offense, including | 736 |
any presumptive registration-exempt sexually oriented offense, or | 737 |
any child-victim oriented offense. | 738 |
If more than one order issued under division (A) of this | 739 |
section applies to an offender, the five-year period prescribed in | 740 |
this division shall be applied separately for each of those | 741 |
orders. If more than one order issued under division (A) of this | 742 |
section applies to an offender, the termination of one of those | 743 |
orders under this division does not terminate or affect any of the | 744 |
other orders that apply to the offender. | 745 |
(C)(1) If a court issues an order under division (A) of this | 746 |
section, the offender to whom the order applies may operate a | 747 |
motor vehicle that is owned by the offender's employer only if the | 748 |
offender is required to operate that motor vehicle in the course | 749 |
and scope of the offender's employment. An offender to whom an | 750 |
order issued under division (A) of this section applies and who is | 751 |
required to operate a motor vehicle owned by the offender's | 752 |
employer in the course and scope of the offender's employment may | 753 |
operate that vehicle without displaying on that vehicle SORN law | 754 |
license plates described in section 4503.237 of the Revised Code | 755 |
if the employer has been notified that the offender is subject to | 756 |
the order issued under division (A) of this section and of the | 757 |
nature of and basis for the order and if the offender has proof of | 758 |
the offender's notification in the offender's possession while | 759 |
operating the employer's vehicle for normal business duties. A | 760 |
motor vehicle owned by a business that is partly or entirely owned | 761 |
or controlled by an offender to whom an order issued under | 762 |
division (A) of this section applies is not a motor vehicle owned | 763 |
by an employer for purposes of this division. | 764 |
(2) If a court issues an order under division (A) of this | 765 |
section and if the motor vehicle to be operated by the offender to | 766 |
whom the order applies is registered in a state other thanthis | 767 |
state, the offender may operate that vehicle without displaying on | 768 |
that vehicle SORN law license plates described in section 4503.237 | 769 |
of the Revised Code if, instead of the SORN law license plates, | 770 |
the offender displays on that vehicle a decal, as prescribed by | 771 |
the registrar of motor vehicles, that states that the offender is | 772 |
subject to the order issued under division (A) of this section and | 773 |
of the nature of and basis for the order. The decal shall be | 774 |
displayed on the bottom left corner of the back window of the | 775 |
vehicle or, if there is no back window, on the bottom left corner | 776 |
of the windshield of the vehicle. The bureau of motor vehicles | 777 |
shall adopt rulesproviding for the decentralization of the | 778 |
issuance of decals described in this division, and the rules shall | 779 |
provide for the issuance of the decals by at least one agency in | 780 |
each county. | 781 |
(3) If a court issues an order under division (A) of this | 782 |
section, if the motor vehicle to be operated by the offender to | 783 |
whom the order applies was purchased within the preceding thirty | 784 |
days by the offender or by another person, and if a temporary | 785 |
license placard or windshield sticker has been issued to the | 786 |
purchaser under section 4503.182 and division (A)(2) of section | 787 |
4503.237 of the Revised Code, the offender may operate that | 788 |
vehicle without displaying on that vehicle SORN law license plates | 789 |
described in section 4503.237 of the Revised Code if, instead of | 790 |
the SORN law license plates, the temporary license placard or | 791 |
windshield sticker is displayed on the motor vehicle in accordance | 792 |
with section 4503.182 of the Revised Code, and the motor vehicle | 793 |
is operated in accordance with that section. The offender may | 794 |
operate the motor vehicle under authority of this division until | 795 |
the applicant is provided the SORN law license plates or until the | 796 |
expiration of the thirty-day period described in section 4503.182 | 797 |
of the Revised Code, whichever is earlier. | 798 |
(D) No person to whom an order issued under division (A) of | 799 |
this section applies shall operate a motor vehicle in violation of | 800 |
the order. A person to whom an order issued under division (A) of | 801 |
this section applies and who operates a motor vehicle under | 802 |
authority of division (C) of this section without displaying on | 803 |
that vehicle SORN law license plates described in section 4503.237 | 804 |
of the Revised Code is not in violation of the order issued under | 805 |
division (A) of this section while so operating the motor vehicle. | 806 |
(i) If the most serious sexually oriented offense or | 811 |
child-victim oriented offense that was the basis of the | 812 |
registration, notice of intent to reside, change of address | 813 |
notification, or address verification requirement that was | 814 |
violated under the prohibition is aggravated murder, murder, or a | 815 |
felony of the first, second, or third degree if committed by an | 816 |
adult or a comparable category of offense committed in another | 817 |
jurisdiction, the offender is guilty of a felony of the third | 818 |
degree. | 819 |
(ii) If the most serious sexually oriented
offense or | 820 |
child-victim oriented offense that was the basis of the | 821 |
registration, notice of intent to reside, change of address | 822 |
notification, or address verification requirement that was | 823 |
violated under the prohibition is a felony of the fourth or fifth | 824 |
degree
if committed by an
adult or a comparable category of | 825 |
offense committed in another jurisdiction,
or if the most serious | 826 |
sexually oriented offense or child-victim oriented offense
that | 827 |
was the basis of the registration, notice of intent to reside, | 828 |
change of address
notification, or address verification | 829 |
requirement that was
violated under the prohibition is a | 830 |
misdemeanor
if committed by an
adult or a comparable category of | 831 |
offense committed in another jurisdiction, the offender is guilty | 832 |
of a felony of the same degree or a misdemeanor of the same degree | 833 |
as the most serious sexually oriented offense or child-victim | 834 |
oriented offense that was the basis of the registration, notice of | 835 |
intent to reside, change of address, or address verification | 836 |
requirement that was violated under the prohibition or, if the | 837 |
most serious sexually oriented offense or child-victim oriented | 838 |
offense that was the basis of the registration, notice of intent | 839 |
to reside, change of address, or address verification requirement | 840 |
that was violated under the prohibition was a comparable category | 841 |
of offense committed in another jurisdiction, the offender is | 842 |
guilty of a felony of the same degree or a misdemeanor of the same | 843 |
degree as that offense committed in the other jurisdiction would | 844 |
constitute or would have constituted if it had been committed in | 845 |
this state. | 846 |
(b) If the offender previously has been convicted of or | 847 |
pleaded guilty to, or previously has been adjudicated a delinquent | 848 |
child for committing, a violation of a prohibition in section | 849 |
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, | 850 |
whoever violates a prohibition in section 2950.04, 2950.041, | 851 |
2950.05, or 2950.06 of the Revised Code shall be punished as | 852 |
follows: | 853 |
(i) If the most serious sexually oriented offense or | 854 |
child-victim oriented offense that was the basis of the | 855 |
registration, notice of intent to reside, change of address | 856 |
notification, or address verification requirement that was | 857 |
violated under the prohibition is aggravated murder, murder, or a | 858 |
felony of the first, second, third, or fourth degree if committed | 859 |
by an adult or a comparable category of offense committed in | 860 |
another jurisdiction, the offender is guilty of a felony of the | 861 |
third degree. | 862 |
(ii) If the most serious sexually oriented offense or | 863 |
child-victim oriented offense that was the basis of the | 864 |
registration, notice of intent to reside, change of address | 865 |
notification, or address verification requirement that was | 866 |
violated under the prohibition is a felony of the fifth degree if | 867 |
committed by an adult or a comparable category of offense | 868 |
committed in another jurisdiction, the offender is guilty of a | 869 |
felony of the fourth degree. | 870 |
(iii) If the most serious sexually oriented offense or | 871 |
child-victim oriented offense that was the basis of the | 872 |
registration, notice of intent to reside, change of address | 873 |
notification, or address verification requirement that was | 874 |
violated under the prohibition is a misdemeanor of the first | 875 |
degree if committed by an adult or a comparable category of | 876 |
offense committed in another jurisdiction, the offender is guilty | 877 |
of a felony of the fifth degree. | 878 |
(iv) If the most serious sexually oriented offense or | 879 |
child-victim oriented offense that was the basis of the | 880 |
registration, notice of intent to reside, change of address | 881 |
notification, or address verification requirement that was | 882 |
violated under the prohibition is a misdemeanor other than a | 883 |
misdemeanor of the first degree if committed by an adult or a | 884 |
comparable category of offense committed in another jurisdiction, | 885 |
the offender is guilty of a misdemeanor that is one degree higher | 886 |
than the most serious sexually oriented offense or child-victim | 887 |
oriented offense that was the basis of the registration, change of | 888 |
address, or address verification requirement that was violated | 889 |
under the prohibition or, if the most serious sexually oriented | 890 |
offense or child-victim oriented offense that was the basis of the | 891 |
registration, notice of intent to reside, change of address, or | 892 |
address verification requirement that was violated under the | 893 |
prohibition was a comparable category of offense committed in | 894 |
another jurisdiction, the offender is guilty of a misdemeanor that | 895 |
is one degree higher than the most serious sexually oriented | 896 |
offense or child-victim oriented offense committed in the other | 897 |
jurisdiction would constitute or would have constituted if it had | 898 |
been committed in this state. | 899 |
(2) In addition to
any penalty
or sanction imposed under | 900 |
division (A)(1) of this section or any other provision of law for | 901 |
a violation of a prohibition in section 2950.04, 2950.041, | 902 |
2950.05, or 2950.06 of the Revised Code, if the
offender
or | 903 |
delinquent child is
subject to a community control sanction, is on
| 904 |
parole, is subject to
one or
more
post-release
control sanctions, | 905 |
or is subject to any other
type
of supervised
release at the time | 906 |
of the violation, the
violation shall
constitute a violation of | 907 |
the terms and
conditions
of the
community control sanction, | 908 |
parole, post-release control
sanction, or other
type of supervised | 909 |
release. | 910 |
(3) As used in division (A)(1) of this section, "comparable | 911 |
category of offense committed in another jurisdiction" means a | 912 |
sexually oriented offense or child-victim oriented offense that | 913 |
was the basis of the registration, notice of intent to reside, | 914 |
change of address notification, or address verification | 915 |
requirement that was violated, that is a violation of an existing | 916 |
or former law of another state or the United States, an existing | 917 |
or former law applicable in a military court or in an Indian | 918 |
tribal court, or an existing or former law of any nation other | 919 |
than the United States, and that, if it had been committed in this | 920 |
state, would constitute or would have constituted aggravated | 921 |
murder, murder, or a felony of the first, second, or third degree | 922 |
for purposes of division (A)(1)(a)(i) of this section, a felony of | 923 |
the fourth or fifth degree or a misdemeanor for purposes of | 924 |
division (A)(1)(a)(ii) of this section, aggravated murder, murder, | 925 |
or a felony of the first, second, third, or fourth degree for | 926 |
purposes of division (A)(1)(b)(i) of this section, a felony of the | 927 |
fifth degree for purposes of division (A)(1)(b)(ii) of this | 928 |
section, a misdemeanor of the first degree for purposes of | 929 |
division (A)(1)(b)(iii) of this section, or a misdemeanor other | 930 |
than a misdemeanor of the first degree for purposes of division | 931 |
(A)(1)(b)(iv) of this section. | 932 |
Sec. 4503.237. (A)(1) Upon presentation of an order issued | 949 |
under section 2950.15 of the Revised Code and compliance with all | 950 |
applicable laws relating to the registration of motor vehicles, | 951 |
the registrar shall issue to the applicant sex offender | 952 |
registration and notification law (SORN law) license plates. SORN | 953 |
law license plates may be issued for any vehicle registered in the | 954 |
name of the person named in the order or for any vehicle the | 955 |
person named in the order intends to operate. | 956 |
(2) If a person to whom an order issued under section 2950.15 | 968 |
of the Revised Code applies purchases a motor vehicle or if | 969 |
another person purchases a motor vehicle that a person to whom | 970 |
such an order applies will operate, and if the purchaser presents | 971 |
the order as described in division (A)(1) of this section, the | 972 |
purchaser may be issued a temporary license placard or windshield | 973 |
sticker in accordance with section 4503.182 of the Revised Code. | 974 |
If a temporary license placard or windshield sticker is issued to | 975 |
the purchaser under this division in accordance with section | 976 |
4503.182 of the Revised Code, the person to whom the order issued | 977 |
under section 2950.15 of the Revised Code applies may operate the | 978 |
motor vehicle in accordance with division (C)(3) of section | 979 |
2950.15 of the Revised Code without displaying on that vehicle | 980 |
SORN law license plates. The person may operate the motor vehicle | 981 |
in accordance with that division until the person is provided the | 982 |
SORN law license plates or until the expiration of the thirty-day | 983 |
period described in section 4503.182 of the Revised Code, | 984 |
whichever is earlier. | 985 |
(5) The offender knows or has reasonable cause to believe | 1011 |
that a court order issued under division (A) of section 2950.15 of | 1012 |
the Revised Code applies to the person, the motor vehicle does not | 1013 |
display SORN law license plates as described in section 4503.237 | 1014 |
of the Revised Code, and the offender is not authorized by | 1015 |
division (C) of that section to operate that vehicle without | 1016 |
displaying on that vehicle SORN law license plates. | 1017 |
(B) Without limiting or precluding the consideration of any | 1018 |
other evidence in determining whether a violation of division | 1019 |
(A)(1), (2), (3), or (4) of this section has occurred, it shall be | 1020 |
prima-facie evidence that the offender knows
or
has reasonable | 1021 |
cause to believe that the operator of the motor vehicle owned by | 1022 |
the
offender or
under the
offender's control is in a category | 1023 |
described in division (A)(1), (2), (3), or (4) of this
section if | 1024 |
any of the following applies: | 1025 |
(2) Regarding an operator allegedly in the category
described | 1030 |
in division (A)(2) of this section, the offender and the
operator | 1031 |
of the motor vehicle reside in the same household, and
the | 1032 |
offender knows or has reasonable cause to believe that the | 1033 |
operator has been charged with or convicted of any violation of | 1034 |
law or ordinance, or has committed any other act or omission, that | 1035 |
would or could result in the suspension or cancellation of the | 1036 |
operator's license, permit, or privilege. | 1037 |
(C)
Whoever violates this section is guilty of wrongful | 1042 |
entrustment of a motor vehicle, a misdemeanor of the first degree. | 1043 |
In
addition to the penalties imposed under Chapter 2929. of the | 1044 |
Revised Code, the court
shall impose a class seven suspension
of | 1045 |
the offender's driver's license, commercial driver's license, | 1046 |
temporary
instruction permit, probationary license, or nonresident | 1047 |
operating privilege
from the range specified in division (A)(7) of | 1048 |
section 4510.02 of the Revised Code,
and, if the vehicle involved | 1049 |
in the offense is registered in the name of the
offender, the | 1050 |
court shall
order one of the following: | 1051 |
If title to a motor vehicle that is subject to an order for | 1070 |
criminal forfeiture under this division is assigned or transferred | 1071 |
and
division (B)(2) or (3) of section 4503.234 of the Revised Code | 1072 |
applies, in addition to or independent of any other penalty | 1073 |
established by
law, the court may fine the offender the value of | 1074 |
the vehicle as determined by
publications of the national auto | 1075 |
dealer's association. The proceeds from any fine imposed under | 1076 |
this division shall be distributed in accordance with division | 1077 |
(C)(2)
of section 4503.234 of the Revised Code. | 1078 |
(E)
If a court orders the criminal forfeiture of a vehicle | 1085 |
under
division (C) of this section, upon receipt of the order from | 1086 |
the
court, neither the registrar of motor vehicles nor any deputy | 1087 |
registrar shall
accept any
application for the registration or | 1088 |
transfer of registration of any motor
vehicle owned or leased
by | 1089 |
the person named in the order. The period of denial shall be
five | 1090 |
years after the date the order is issued, unless, during that | 1091 |
five-year period, the court with jurisdiction of the offense that | 1092 |
resulted in the order terminates the forfeiture and notifies the | 1093 |
registrar of the termination. If the court terminates the | 1094 |
forfeiture and notifies the registrar, the registrar shall take | 1095 |
all necessary measures to permit the person to register a vehicle | 1096 |
owned or leased by the person or to transfer the registration of | 1097 |
the vehicle. | 1098 |
(G) Evidence of a conviction of, plea of guilty to, or | 1102 |
adjudication as a delinquent child for a violation of this section | 1103 |
or a substantially similar municipal ordinance shall not be | 1104 |
admissible as evidence in any civil action that involves the | 1105 |
offender or delinquent child who is the subject of the conviction, | 1106 |
plea, or adjudication and that arises from the wrongful | 1107 |
entrustment of a motor vehicle. | 1108 |