As Passed by the Senate

128th General Assembly
Regular Session
2009-2010
Sub. H. B. No. 338


Representatives Book, Uecker 

Cosponsors: Representatives Evans, Domenick, Harwood, Okey, Bolon, Oelslager, Huffman, Mecklenborg, Coley, Stebelton, Blessing, Bubp, Carney, Chandler, Combs, Daniels, DeBose, DeGeeter, Derickson, Dodd, Garland, Gerberry, Harris, Hite, Koziura, Letson, Luckie, Mallory, Murray, Patten, Sayre, Wachtmann, Weddington, Williams, B., Yuko 

Senators Buehrer, Fedor, Goodman, Harris, Hughes, Miller, D., Morano, Patton, Sawyer, Schiavoni, Seitz, Smith, Strahorn, Turner, Niehaus 



A BILL
To amend sections 1901.01, 1901.02, 1901.03, 1901.07, 1
1901.08, 1901.31, 1901.312, 1901.32, 1901.34, 2
1907.11, 2743.48, 2929.15, 2929.24, 2929.25, 3
2937.07, 4507.02, 4510.11, 4510.12, 4510.16, 4
4549.02, and 4549.021 and to enact section 4510.73 5
of the Revised Code to allow, in certain 6
circumstances, all issues concerning a person's 7
driver's license to be litigated in a single 8
court, to create the Putnam County Municipal Court 9
in Ottawa on January 1, 2011, to establish one 10
full-time judgeship in that court, to provide for 11
the nomination of the judge by petition only, to 12
abolish the Putnam County County Court on that 13
date, to designate the Putnam County Clerk of 14
Courts as the clerk of the Putnam County Municipal 15
Court, to provide for the election for the Putnam 16
County Municipal Court of one full-time judge in 17
2011, to make deputy sheriffs and members of a 18
township or joint township police force ex officio 19
deputy bailiffs of municipal courts, to require 20
the Clerk of the Court of Claims to request that 21
the Controlling Board, within 60 days after the 22
date of the entry of a court's determination that 23
a person is a wrongfully imprisoned individual, 24
pay 50 per cent of a certain specified amount of 25
money to that wrongfully imprisoned individual, to 26
permit a trial judge to impose a prison term or 27
jail time, to extend the duration of a community 28
control sanction, to impose a more restrictive 29
sanction when a felony or a misdemeanant violates 30
any condition of a community control sanction, to 31
allow a judge or magistrate to base a finding on 32
the facts contained in a complaint, to authorize 33
judicial release of misdemeanants who are serving 34
jail sentences, to modify the conditions for 35
increased penalties for the offenses of failure to 36
stop after an accident and failure to stop after a 37
nonpublic road accident, to modify the penalty for 38
repeat offenders under "operating a motor vehicle 39
without a valid license" who never have held a 40
valid driver's or commercial driver's license or 41
permit, and to clarify the manner of sentencing 42
for that offense and three other traffic offenses 43
when they are unclassified misdemeanors.44


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

       Section 1. That sections 1901.01, 1901.02, 1901.03, 1901.07, 45
1901.08, 1901.31, 1901.312, 1901.32, 1901.34, 1907.11, 2743.48, 46
2929.15, 2929.24, 2929.25, 2937.07, 4507.02, 4510.11, 4510.12, 47
4510.16, 4549.02, and 4549.021 be amended and section 4510.73 of 48
the Revised Code be enacted to read as follows:49

       Sec. 1901.01.  (A) There is hereby established a municipal 50
court in each of the following municipal corporations:51

       Akron, Alliance, Ashland, Ashtabula, Athens, Avon Lake, 52
Barberton, Bedford, Bellefontaine, Bellevue, Berea, Bowling Green, 53
Bryan, Bucyrus, Cambridge, Campbell, Canton, Carrollton, Celina, 54
Chardon, Chesapeake, Chillicothe, Cincinnati, Circleville, 55
Cleveland, Cleveland Heights, Columbus, Conneaut, Coshocton, 56
Cuyahoga Falls, Dayton, Defiance, Delaware, East Cleveland, East 57
Liverpool, Eaton, Elyria, Euclid, Fairborn, Fairfield, Findlay, 58
Fostoria, Franklin, Fremont, Gallipolis, Garfield Heights, 59
Georgetown, Girard, Greenville, Hamilton, Hillsboro, Huron, 60
Ironton, Jackson, Kenton, Kettering, Lakewood, Lancaster, Lebanon, 61
Lima, Logan, London, Lorain, Lyndhurst, Mansfield, Marietta, 62
Marion, Marysville, Mason, Massillon, Maumee, Medina, Mentor, 63
Miamisburg, Middletown, Millersburg, Mount Gilead, Mount Vernon, 64
Napoleon, Newark, New Philadelphia, Newton Falls, Niles, Norwalk, 65
Oakwood, Oberlin, Oregon, Ottawa, Painesville, Parma, Perrysburg, 66
Port Clinton, Portsmouth, Ravenna, Rocky River, Sandusky, Shaker 67
Heights, Shelby, Sidney, South Euclid, Springfield, Steubenville, 68
Struthers, Sylvania, Tiffin, Toledo, Troy, Upper Sandusky, Urbana, 69
Vandalia, Van Wert, Vermilion, Wadsworth, Wapakoneta, Warren, City 70
of Washington in Fayette county, to be known as Washington Court 71
House, Willoughby, Wilmington, Wooster, Xenia, Youngstown, and 72
Zanesville.73

       (B) There is hereby established a municipal court within 74
Clermont county in Batavia or in any other municipal corporation 75
or unincorporated territory within Clermont county that is 76
selected by the legislative authority of the Clermont county 77
municipal court. The municipal court established by this division 78
is a continuation of the municipal court previously established in 79
Batavia by this section before the enactment of this division.80

       (C) There is hereby established a municipal court within 81
Columbiana county in Lisbon or in any other municipal corporation 82
or unincorporated territory within Columbiana county, except the 83
municipal corporation of East Liverpool or Liverpool or St. Clair 84
township, that is selected by the judges of the municipal court 85
pursuant to division (I) of section 1901.021 of the Revised Code.86

       (D) Effective January 1, 2008, there is hereby established a 87
municipal court within Erie county in Milan or in any other 88
municipal corporation or unincorporated territory within Erie 89
county that is within the territorial jurisdiction of the Erie 90
county municipal court and is selected by the legislative 91
authority of that court.92

       (E) The Cuyahoga Falls municipal court shall remain in 93
existence until December 31, 2008, and shall be replaced by the 94
Stow municipal court on January 1, 2009.95

       (F) Effective January 1, 2009, there is hereby established a 96
municipal court in the municipal corporation of Stow.97

       Sec. 1901.02.  (A) The municipal courts established by 98
section 1901.01 of the Revised Code have jurisdiction within the 99
corporate limits of their respective municipal corporations, or, 100
for the Clermont county municipal court, the Columbiana county 101
municipal court, and, effective January 1, 2008, the Erie county 102
municipal court, within the municipal corporation or 103
unincorporated territory in which they are established, and are 104
courts of record. Each of the courts shall be styled 105
".................................. municipal court," inserting 106
the name of the municipal corporation, except the following 107
courts, which shall be styled as set forth below:108

       (1) The municipal court established in Chesapeake that shall 109
be styled and known as the "Lawrence county municipal court";110

       (2) The municipal court established in Cincinnati that shall 111
be styled and known as the "Hamilton county municipal court";112

       (3) The municipal court established in Ravenna that shall be 113
styled and known as the "Portage county municipal court";114

       (4) The municipal court established in Athens that shall be 115
styled and known as the "Athens county municipal court";116

       (5) The municipal court established in Columbus that shall be 117
styled and known as the "Franklin county municipal court";118

       (6) The municipal court established in London that shall be 119
styled and known as the "Madison county municipal court";120

       (7) The municipal court established in Newark that shall be 121
styled and known as the "Licking county municipal court";122

       (8) The municipal court established in Wooster that shall be 123
styled and known as the "Wayne county municipal court";124

       (9) The municipal court established in Wapakoneta that shall 125
be styled and known as the "Auglaize county municipal court";126

       (10) The municipal court established in Troy that shall be 127
styled and known as the "Miami county municipal court";128

       (11) The municipal court established in Bucyrus that shall be 129
styled and known as the "Crawford county municipal court";130

       (12) The municipal court established in Logan that shall be 131
styled and known as the "Hocking county municipal court";132

       (13) The municipal court established in Urbana that shall be 133
styled and known as the "Champaign county municipal court";134

       (14) The municipal court established in Jackson that shall be 135
styled and known as the "Jackson county municipal court";136

       (15) The municipal court established in Springfield that 137
shall be styled and known as the "Clark county municipal court";138

       (16) The municipal court established in Kenton that shall be 139
styled and known as the "Hardin county municipal court";140

       (17) The municipal court established within Clermont county 141
in Batavia or in any other municipal corporation or unincorporated 142
territory within Clermont county that is selected by the 143
legislative authority of that court that shall be styled and known 144
as the "Clermont county municipal court";145

       (18) The municipal court established in Wilmington that, 146
beginning July 1, 1992, shall be styled and known as the "Clinton 147
county municipal court";148

       (19) The municipal court established in Port Clinton that 149
shall be styled and known as "the Ottawa county municipal court";150

       (20) The municipal court established in Lancaster that, 151
beginning January 2, 2000, shall be styled and known as the 152
"Fairfield county municipal court";153

       (21) The municipal court established within Columbiana county 154
in Lisbon or in any other municipal corporation or unincorporated 155
territory selected pursuant to division (I) of section 1901.021 of 156
the Revised Code, that shall be styled and known as the 157
"Columbiana county municipal court";158

       (22) The municipal court established in Georgetown that, 159
beginning February 9, 2003, shall be styled and known as the 160
"Brown county municipal court";161

       (23) The municipal court established in Mount Gilead that, 162
beginning January 1, 2003, shall be styled and known as the 163
"Morrow county municipal court";164

       (24) The municipal court established in Greenville that, 165
beginning January 1, 2005, shall be styled and known as the "Darke 166
county municipal court";167

       (25) The municipal court established in Millersburg that, 168
beginning January 1, 2007, shall be styled and known as the 169
"Holmes county municipal court";170

       (26) The municipal court established in Carrollton that, 171
beginning January 1, 2007, shall be styled and known as the 172
"Carroll county municipal court";173

       (27) The municipal court established within Erie county in 174
Milan or established in any other municipal corporation or 175
unincorporated territory that is within Erie county, is within the 176
territorial jurisdiction of that court, and is selected by the 177
legislative authority of that court that, beginning January 1, 178
2008, shall be styled and known as the "Erie county municipal 179
court."180

       (28) The municipal court established in Ottawa that, 181
beginning January 1, 2011, shall be styled and known as the 182
"Putnam county municipal court."183

       (B) In addition to the jurisdiction set forth in division (A) 184
of this section, the municipal courts established by section 185
1901.01 of the Revised Code have jurisdiction as follows:186

       The Akron municipal court has jurisdiction within Bath, 187
Richfield, and Springfield townships, and within the municipal 188
corporations of Fairlawn, Lakemore, and Mogadore, in Summit 189
county.190

       The Alliance municipal court has jurisdiction within 191
Lexington, Marlboro, Paris, and Washington townships in Stark 192
county.193

       The Ashland municipal court has jurisdiction within Ashland 194
county.195

       The Ashtabula municipal court has jurisdiction within 196
Ashtabula, Plymouth, and Saybrook townships in Ashtabula county.197

       The Athens county municipal court has jurisdiction within 198
Athens county.199

       The Auglaize county municipal court has jurisdiction within 200
Auglaize county.201

       The Avon Lake municipal court has jurisdiction within the 202
municipal corporations of Avon and Sheffield in Lorain county.203

       The Barberton municipal court has jurisdiction within 204
Coventry, Franklin, and Green townships, within all of Copley 205
township except within the municipal corporation of Fairlawn, and 206
within the municipal corporations of Clinton and Norton, in Summit 207
county.208

       The Bedford municipal court has jurisdiction within the 209
municipal corporations of Bedford Heights, Oakwood, Glenwillow, 210
Solon, Bentleyville, Chagrin Falls, Moreland Hills, Orange, 211
Warrensville Heights, North Randall, and Woodmere, and within 212
Warrensville and Chagrin Falls townships, in Cuyahoga county.213

       The Bellefontaine municipal court has jurisdiction within 214
Logan county.215

       The Bellevue municipal court has jurisdiction within Lyme and 216
Sherman townships in Huron county and within York township in 217
Sandusky county.218

       The Berea municipal court has jurisdiction within the 219
municipal corporations of Strongsville, Middleburgh Heights, Brook 220
Park, Westview, and Olmsted Falls, and within Olmsted township, in 221
Cuyahoga county.222

       The Bowling Green municipal court has jurisdiction within the 223
municipal corporations of Bairdstown, Bloomdale, Bradner, Custar, 224
Cygnet, Grand Rapids, Haskins, Hoytville, Jerry City, Milton 225
Center, North Baltimore, Pemberville, Portage, Rising Sun, 226
Tontogany, Wayne, and Weston, and within Bloom, Center, Freedom, 227
Grand Rapids, Henry, Jackson, Liberty, Middleton, Milton, 228
Montgomery, Plain, Portage, Washington, Webster, and Weston 229
townships in Wood county.230

       Beginning February 9, 2003, the Brown county municipal court 231
has jurisdiction within Brown county.232

       The Bryan municipal court has jurisdiction within Williams 233
county.234

       The Cambridge municipal court has jurisdiction within 235
Guernsey county.236

       The Campbell municipal court has jurisdiction within 237
Coitsville township in Mahoning county.238

       The Canton municipal court has jurisdiction within Canton, 239
Lake, Nimishillen, Osnaburg, Pike, Plain, and Sandy townships in 240
Stark county.241

       The Carroll county municipal court has jurisdiction within 242
Carroll county.243

       The Celina municipal court has jurisdiction within Mercer 244
county.245

       The Champaign county municipal court has jurisdiction within 246
Champaign county.247

       The Chardon municipal court has jurisdiction within Geauga 248
county.249

       The Chillicothe municipal court has jurisdiction within Ross 250
county.251

       The Circleville municipal court has jurisdiction within 252
Pickaway county.253

       The Clark county municipal court has jurisdiction within 254
Clark county.255

       The Clermont county municipal court has jurisdiction within 256
Clermont county.257

       The Cleveland municipal court has jurisdiction within the 258
municipal corporation of Bratenahl in Cuyahoga county.259

       Beginning July 1, 1992, the Clinton county municipal court 260
has jurisdiction within Clinton county.261

       The Columbiana county municipal court has jurisdiction within 262
all of Columbiana county except within the municipal corporation 263
of East Liverpool and except within Liverpool and St. Clair 264
townships.265

       The Coshocton municipal court has jurisdiction within 266
Coshocton county.267

       The Crawford county municipal court has jurisdiction within 268
Crawford county.269

        Until December 31, 2008, the Cuyahoga Falls municipal court 270
has jurisdiction within Boston, Hudson, Northfield Center, 271
Sagamore Hills, and Twinsburg townships, and within the municipal 272
corporations of Boston Heights, Hudson, Munroe Falls, Northfield, 273
Peninsula, Reminderville, Silver Lake, Stow, Tallmadge, Twinsburg, 274
and Macedonia, in Summit county.275

       Beginning January 1, 2005, the Darke county municipal court 276
has jurisdiction within Darke county except within the municipal 277
corporation of Bradford.278

       The Defiance municipal court has jurisdiction within Defiance 279
county.280

       The Delaware municipal court has jurisdiction within Delaware 281
county.282

       The East Liverpool municipal court has jurisdiction within 283
Liverpool and St. Clair townships in Columbiana county.284

       The Eaton municipal court has jurisdiction within Preble 285
county.286

       The Elyria municipal court has jurisdiction within the 287
municipal corporations of Grafton, LaGrange, and North Ridgeville, 288
and within Elyria, Carlisle, Eaton, Columbia, Grafton, and 289
LaGrange townships, in Lorain county.290

       Beginning January 1, 2008, the Erie county municipal court 291
has jurisdiction within Erie county except within the townships of 292
Florence, Huron, Perkins, and Vermilion and the municipal 293
corporations of Bay View, Castalia, Huron, Sandusky, and 294
Vermilion.295

       The Fairborn municipal court has jurisdiction within the 296
municipal corporation of Beavercreek and within Bath and 297
Beavercreek townships in Greene county.298

       Beginning January 2, 2000, the Fairfield county municipal 299
court has jurisdiction within Fairfield county.300

       The Findlay municipal court has jurisdiction within all of 301
Hancock county except within Washington township.302

       The Fostoria municipal court has jurisdiction within Loudon 303
and Jackson townships in Seneca county, within Washington township 304
in Hancock county, and within Perry township in Wood county.305

       The Franklin municipal court has jurisdiction within Franklin 306
township in Warren county.307

       The Franklin county municipal court has jurisdiction within 308
Franklin county.309

       The Fremont municipal court has jurisdiction within Ballville 310
and Sandusky townships in Sandusky county.311

       The Gallipolis municipal court has jurisdiction within Gallia 312
county.313

       The Garfield Heights municipal court has jurisdiction within 314
the municipal corporations of Maple Heights, Walton Hills, Valley 315
View, Cuyahoga Heights, Newburgh Heights, Independence, and 316
Brecksville in Cuyahoga county.317

       The Girard municipal court has jurisdiction within Liberty, 318
Vienna, and Hubbard townships in Trumbull county.319

       The Hamilton municipal court has jurisdiction within Ross and 320
St. Clair townships in Butler county.321

       The Hamilton county municipal court has jurisdiction within 322
Hamilton county.323

       The Hardin county municipal court has jurisdiction within 324
Hardin county.325

       The Hillsboro municipal court has jurisdiction within all of 326
Highland county except within Madison township.327

       The Hocking county municipal court has jurisdiction within 328
Hocking county.329

       The Holmes county municipal court has jurisdiction within 330
Holmes county.331

       The Huron municipal court has jurisdiction within all of 332
Huron township in Erie county except within the municipal 333
corporation of Sandusky.334

       The Ironton municipal court has jurisdiction within Aid, 335
Decatur, Elizabeth, Hamilton, Lawrence, Upper, and Washington 336
townships in Lawrence county.337

       The Jackson county municipal court has jurisdiction within 338
Jackson county.339

       The Kettering municipal court has jurisdiction within the 340
municipal corporations of Centerville and Moraine, and within 341
Washington township, in Montgomery county.342

       Until January 2, 2000, the Lancaster municipal court has 343
jurisdiction within Fairfield county.344

       The Lawrence county municipal court has jurisdiction within 345
the townships of Fayette, Mason, Perry, Rome, Symmes, Union, and 346
Windsor in Lawrence county.347

       The Lebanon municipal court has jurisdiction within 348
Turtlecreek township in Warren county.349

       The Licking county municipal court has jurisdiction within 350
Licking county.351

       The Lima municipal court has jurisdiction within Allen 352
county.353

       The Lorain municipal court has jurisdiction within the 354
municipal corporation of Sheffield Lake, and within Sheffield 355
township, in Lorain county.356

       The Lyndhurst municipal court has jurisdiction within the 357
municipal corporations of Mayfield Heights, Gates Mills, Mayfield, 358
Highland Heights, and Richmond Heights in Cuyahoga county.359

       The Madison county municipal court has jurisdiction within 360
Madison county.361

       The Mansfield municipal court has jurisdiction within 362
Madison, Springfield, Sandusky, Franklin, Weller, Mifflin, Troy, 363
Washington, Monroe, Perry, Jefferson, and Worthington townships, 364
and within sections 35-36-31 and 32 of Butler township, in 365
Richland county.366

       The Marietta municipal court has jurisdiction within 367
Washington county.368

       The Marion municipal court has jurisdiction within Marion 369
county.370

       The Marysville municipal court has jurisdiction within Union 371
county.372

       The Mason municipal court has jurisdiction within Deerfield 373
township in Warren county.374

       The Massillon municipal court has jurisdiction within 375
Bethlehem, Perry, Sugar Creek, Tuscarawas, Lawrence, and Jackson 376
townships in Stark county.377

       The Maumee municipal court has jurisdiction within the 378
municipal corporations of Waterville and Whitehouse, within 379
Waterville and Providence townships, and within those portions of 380
Springfield, Monclova, and Swanton townships lying south of the 381
northerly boundary line of the Ohio turnpike, in Lucas county.382

       The Medina municipal court has jurisdiction within the 383
municipal corporations of Briarwood Beach, Brunswick, 384
Chippewa-on-the-Lake, and Spencer and within the townships of 385
Brunswick Hills, Chatham, Granger, Hinckley, Lafayette, 386
Litchfield, Liverpool, Medina, Montville, Spencer, and York 387
townships, in Medina county.388

       The Mentor municipal court has jurisdiction within the 389
municipal corporation of Mentor-on-the-Lake in Lake county.390

       The Miami county municipal court has jurisdiction within 391
Miami county and within the part of the municipal corporation of 392
Bradford that is located in Darke county.393

       The Miamisburg municipal court has jurisdiction within the 394
municipal corporations of Germantown and West Carrollton, and 395
within German and Miami townships in Montgomery county.396

       The Middletown municipal court has jurisdiction within 397
Madison township, and within all of Lemon township, except within 398
the municipal corporation of Monroe, in Butler county.399

       Beginning January 1, 2003, the Morrow county municipal court 400
has jurisdiction within Morrow county.401

       The Mount Vernon municipal court has jurisdiction within Knox 402
county.403

       The Napoleon municipal court has jurisdiction within Henry 404
county.405

       The New Philadelphia municipal court has jurisdiction within 406
the municipal corporation of Dover, and within Auburn, Bucks, 407
Fairfield, Goshen, Jefferson, Warren, York, Dover, Franklin, 408
Lawrence, Sandy, Sugarcreek, and Wayne townships in Tuscarawas 409
county.410

       The Newton Falls municipal court has jurisdiction within 411
Bristol, Bloomfield, Lordstown, Newton, Braceville, Southington, 412
Farmington, and Mesopotamia townships in Trumbull county.413

       The Niles municipal court has jurisdiction within the 414
municipal corporation of McDonald, and within Weathersfield 415
township in Trumbull county.416

       The Norwalk municipal court has jurisdiction within all of 417
Huron county except within the municipal corporation of Bellevue 418
and except within Lyme and Sherman townships.419

       The Oberlin municipal court has jurisdiction within the 420
municipal corporations of Amherst, Kipton, Rochester, South 421
Amherst, and Wellington, and within Henrietta, Russia, Camden, 422
Pittsfield, Brighton, Wellington, Penfield, Rochester, and 423
Huntington townships, and within all of Amherst township except 424
within the municipal corporation of Lorain, in Lorain county.425

       The Oregon municipal court has jurisdiction within the 426
municipal corporation of Harbor View, and within Jerusalem 427
township, in Lucas county, and north within Maumee Bay and Lake 428
Erie to the boundary line between Ohio and Michigan between the 429
easterly boundary of the court and the easterly boundary of the 430
Toledo municipal court.431

       The Ottawa county municipal court has jurisdiction within 432
Ottawa county.433

       The Painesville municipal court has jurisdiction within 434
Painesville, Perry, Leroy, Concord, and Madison townships in Lake 435
county.436

       The Parma municipal court has jurisdiction within the 437
municipal corporations of Parma Heights, Brooklyn, Linndale, North 438
Royalton, Broadview Heights, Seven Hills, and Brooklyn Heights in 439
Cuyahoga county.440

       The Perrysburg municipal court has jurisdiction within the 441
municipal corporations of Luckey, Millbury, Northwood, Rossford, 442
and Walbridge, and within Perrysburg, Lake, and Troy townships, in 443
Wood county.444

       The Portage county municipal court has jurisdiction within 445
Portage county.446

       The Portsmouth municipal court has jurisdiction within Scioto 447
county.448

       The Putnam county municipal court has jurisdiction within 449
Putnam county.450

       The Rocky River municipal court has jurisdiction within the 451
municipal corporations of Bay Village, Westlake, Fairview Park, 452
and North Olmsted, and within Riveredge township, in Cuyahoga 453
county.454

       The Sandusky municipal court has jurisdiction within the 455
municipal corporations of Castalia and Bay View, and within 456
Perkins township, in Erie county.457

       The Shaker Heights municipal court has jurisdiction within 458
the municipal corporations of University Heights, Beachwood, 459
Pepper Pike, and Hunting Valley in Cuyahoga county.460

       The Shelby municipal court has jurisdiction within Sharon, 461
Jackson, Cass, Plymouth, and Blooming Grove townships, and within 462
all of Butler township except sections 35-36-31 and 32, in 463
Richland county.464

       The Sidney municipal court has jurisdiction within Shelby 465
county.466

       Beginning January 1, 2009, the Stow municipal court has 467
jurisdiction within Boston, Hudson, Northfield Center, Sagamore 468
Hills, and Twinsburg townships, and within the municipal 469
corporations of Boston Heights, Cuyahoga Falls, Hudson, Munroe 470
Falls, Northfield, Peninsula, Reminderville, Silver Lake, Stow, 471
Tallmadge, Twinsburg, and Macedonia, in Summit county.472

       The Struthers municipal court has jurisdiction within the 473
municipal corporations of Lowellville, New Middleton, and Poland, 474
and within Poland and Springfield townships in Mahoning county.475

       The Sylvania municipal court has jurisdiction within the 476
municipal corporations of Berkey and Holland, and within Sylvania, 477
Richfield, Spencer, and Harding townships, and within those 478
portions of Swanton, Monclova, and Springfield townships lying 479
north of the northerly boundary line of the Ohio turnpike, in 480
Lucas county.481

       The Tiffin municipal court has jurisdiction within Adams, Big 482
Spring, Bloom, Clinton, Eden, Hopewell, Liberty, Pleasant, Reed, 483
Scipio, Seneca, Thompson, and Venice townships in Seneca county.484

       The Toledo municipal court has jurisdiction within Washington 485
township, and within the municipal corporation of Ottawa Hills, in 486
Lucas county.487

       The Upper Sandusky municipal court has jurisdiction within 488
Wyandot county.489

       The Vandalia municipal court has jurisdiction within the 490
municipal corporations of Clayton, Englewood, and Union, and 491
within Butler, Harrison, and Randolph townships, in Montgomery 492
county.493

       The Van Wert municipal court has jurisdiction within Van Wert 494
county.495

       The Vermilion municipal court has jurisdiction within the 496
townships of Vermilion and Florence in Erie county and within all 497
of Brownhelm township except within the municipal corporation of 498
Lorain, in Lorain county.499

       The Wadsworth municipal court has jurisdiction within the 500
municipal corporations of Gloria Glens Park, Lodi, Seville, and 501
Westfield Center, and within Guilford, Harrisville, Homer, Sharon, 502
Wadsworth, and Westfield townships in Medina county.503

       The Warren municipal court has jurisdiction within Warren and 504
Champion townships, and within all of Howland township except 505
within the municipal corporation of Niles, in Trumbull county.506

       The Washington Court House municipal court has jurisdiction 507
within Fayette county.508

       The Wayne county municipal court has jurisdiction within 509
Wayne county.510

       The Willoughby municipal court has jurisdiction within the 511
municipal corporations of Eastlake, Wickliffe, Willowick, 512
Willoughby Hills, Kirtland, Kirtland Hills, Waite Hill, 513
Timberlake, and Lakeline, and within Kirtland township, in Lake 514
county.515

       Through June 30, 1992, the Wilmington municipal court has 516
jurisdiction within Clinton county.517

       The Xenia municipal court has jurisdiction within 518
Caesarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross, 519
Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in 520
Greene county.521

       (C) As used in this section:522

       (1) "Within a township" includes all land, including, but not 523
limited to, any part of any municipal corporation, that is 524
physically located within the territorial boundaries of that 525
township, whether or not that land or municipal corporation is 526
governmentally a part of the township.527

       (2) "Within a municipal corporation" includes all land within 528
the territorial boundaries of the municipal corporation and any 529
townships that are coextensive with the municipal corporation.530

       Sec. 1901.03.  As used in this chapter:531

       (A) "Territory" means the geographical areas within which 532
municipal courts have jurisdiction as provided in sections 1901.01 533
and 1901.02 of the Revised Code.534

       (B) "Legislative authority" means the legislative authority 535
of the municipal corporation in which a municipal court, other 536
than a county-operated municipal court, is located, and means the 537
respective board of county commissioners of the county in which a 538
county-operated municipal court is located.539

       (C) "Chief executive" means the chief executive of the 540
municipal corporation in which a municipal court, other than a 541
county-operated municipal court, is located, and means the 542
respective chairman of the board of county commissioners of the 543
county in which a county-operated municipal court is located.544

       (D) "City treasury" means the treasury of the municipal 545
corporation in which a municipal court, other than a 546
county-operated municipal court, is located.547

       (E) "City treasurer" means the treasurer of the municipal 548
corporation in which a municipal court, other than a 549
county-operated municipal court, is located.550

       (F) "County-operated municipal court" means the Auglaize 551
county, Brown county, Carroll county, Clermont county, Columbiana 552
county, Crawford county, Darke county, Hamilton county, Hocking 553
county, Holmes county, Jackson county, Lawrence county, Madison 554
county, Miami county, Morrow county, Ottawa county, Portage 555
county, Putnam county, or Wayne county municipal court and, 556
effective January 1, 2008, also includes the Erie county municipal 557
court.558

       (G) "A municipal corporation in which a municipal court is 559
located" includes each municipal corporation named in section 560
1901.01 of the Revised Code, but does not include one in which a 561
judge sits pursuant to section 1901.021 of the Revised Code.562

       Sec. 1901.07.  (A) All municipal court judges shall be 563
elected on the nonpartisan ballot for terms of six years. In a 564
municipal court in which only one judge is to be elected in any 565
one year, that judge's term commences on the first day of January 566
after the election. In a municipal court in which two or more 567
judges are to be elected in any one year, their terms commence on 568
successive days beginning the first day of January, following the 569
election, unless otherwise provided by section 1901.08 of the 570
Revised Code.571

       (B) All candidates for municipal court judge may be nominated 572
either by nominating petition or by primary election, except that 573
if the jurisdiction of a municipal court extends only to the 574
corporate limits of the municipal corporation in which the court 575
is located and that municipal corporation operates under a 576
charter, all candidates shall be nominated in the same manner 577
provided in the charter for the office of municipal court judge 578
or, if no specific provisions are made in the charter for the 579
office of municipal court judge, in the same manner as the charter 580
prescribes for the nomination and election of the legislative 581
authority of the municipal corporation.582

        If the jurisdiction of a municipal court extends beyond the 583
corporate limits of the municipal corporation in which it is 584
located or if the jurisdiction of the court does not extend beyond 585
the corporate limits of the municipal corporation in which it is 586
located and no charter provisions apply, all candidates for party 587
nomination to the office of municipal court judge shall file a 588
declaration of candidacy and petition not later than four p.m. of 589
the ninetieth day before the day of the primary election in the 590
form prescribed by section 3513.07 of the Revised Code. The 591
petition shall conform to the requirements provided for those 592
petitions of candidacy contained in section 3513.05 of the Revised 593
Code, except that the petition shall be signed by at least fifty 594
electors of the territory of the court. If no valid declaration of 595
candidacy is filed for nomination as a candidate of a political 596
party for election to the office of municipal court judge, or if 597
the number of persons filing the declarations of candidacy for 598
nominations as candidates of one political party for election to 599
the office does not exceed the number of candidates that that 600
party is entitled to nominate as its candidates for election to 601
the office, no primary election shall be held for the purpose of 602
nominating candidates of that party for election to the office, 603
and the candidates shall be issued certificates of nomination in 604
the manner set forth in section 3513.02 of the Revised Code.605

       If the jurisdiction of a municipal court extends beyond the 606
corporate limits of the municipal corporation in which it is 607
located or if the jurisdiction of the court does not extend beyond 608
the corporate limits of the municipal corporation in which it is 609
located and no charter provisions apply, nonpartisan candidates 610
for the office of municipal court judge shall file nominating 611
petitions not later than four p.m. of the day before the day of 612
the primary election in the form prescribed by section 3513.261 of 613
the Revised Code. The petition shall conform to the requirements 614
provided for those petitions of candidacy contained in section 615
3513.257 of the Revised Code, except that the petition shall be 616
signed by at least fifty electors of the territory of the court.617

       The nominating petition or declaration of candidacy for a 618
municipal court judge shall contain a designation of the term for 619
which the candidate seeks election. At the following regular 620
municipal election, the candidacies of the judges nominated shall 621
be submitted to the electors of the territory on a nonpartisan, 622
judicial ballot in the same manner as provided for judges of the 623
court of common pleas, except that, in a municipal corporation 624
operating under a charter, all candidates for municipal court 625
judge shall be elected in conformity with the charter if 626
provisions are made in the charter for the election of municipal 627
court judges.628

       (C) Notwithstanding divisions (A) and (B) of this section, in 629
the following municipal courts, the judges shall be nominated and 630
elected as follows:631

       (1) In the Cleveland municipal court, the judges shall be 632
nominated only by petition. The petition shall be signed by at 633
least fifty electors of the territory of the court. It shall be in 634
the statutory form and shall be filed in the manner and within the 635
time prescribed by the charter of the city of Cleveland for filing 636
petitions of candidates for municipal offices. Each elector shall 637
have the right to sign petitions for as many candidates as are to 638
be elected, but no more. The judges shall be elected by the 639
electors of the territory of the court in the manner provided by 640
law for the election of judges of the court of common pleas.641

       (2) In the Toledo municipal court, the judges shall be 642
nominated only by petition. The petition shall be signed by at 643
least fifty electors of the territory of the court. It shall be in 644
the statutory form and shall be filed in the manner and within the 645
time prescribed by the charter of the city of Toledo for filing 646
nominating petitions for city council. Each elector shall have the 647
right to sign petitions for as many candidates as are to be 648
elected, but no more. The judges shall be elected by the electors 649
of the territory of the court in the manner provided by law for 650
the election of judges of the court of common pleas.651

       (3) In the Akron municipal court, the judges shall be 652
nominated only by petition. The petition shall be signed by at 653
least fifty electors of the territory of the court. It shall be in 654
statutory form and shall be filed in the manner and within the 655
time prescribed by the charter of the city of Akron for filing 656
nominating petitions of candidates for municipal offices. Each 657
elector shall have the right to sign petitions for as many 658
candidates as are to be elected, but no more. The judges shall be 659
elected by the electors of the territory of the court in the 660
manner provided by law for the election of judges of the court of 661
common pleas.662

       (4) In the Hamilton county municipal court, the judges shall 663
be nominated only by petition. The petition shall be signed by at 664
least fifty electors of the territory of the court, which 665
petitions shall be signed, verified, and filed in the manner and 666
within the time required by law for nominating petitions for 667
members of council of the city of Cincinnati. The judges shall be 668
elected by the electors of the territory of the court at the 669
regular municipal election and in the manner provided by law for 670
the election of judges of the court of common pleas.671

       (5) In the Franklin county municipal court, the judges shall 672
be nominated only by petition. The petition shall be signed by at 673
least fifty electors of the territory of the court. The petition 674
shall be in the statutory form and shall be filed in the manner 675
and within the time prescribed by the charter of the city of 676
Columbus for filing petitions of candidates for municipal offices. 677
The judges shall be elected by the electors of the territory of 678
the court in the manner provided by law for the election of judges 679
of the court of common pleas.680

       (6) In the Auglaize, Brown, Carroll, Clermont, Crawford, 681
Hocking, Jackson, Lawrence, Madison, Miami, Morrow, Putnam, and 682
Wayne county municipal courts, the judges shall be nominated only 683
by petition. The petitions shall be signed by at least fifty 684
electors of the territory of the court and shall conform to the 685
provisions of this section.686

       (D) In the Portage county municipal court, the judges shall 687
be nominated either by nominating petition or by primary election, 688
as provided in division (B) of this section.689

       (E) As used in this section, as to an election for either a 690
full or an unexpired term, "the territory within the jurisdiction 691
of the court" means that territory as it will be on the first day 692
of January after the election.693

       Sec. 1901.08. The number of, and the time for election of, 694
judges of the following municipal courts and the beginning of 695
their terms shall be as follows:696

       In the Akron municipal court, two full-time judges shall be 697
elected in 1951, two full-time judges shall be elected in 1953, 698
one full-time judge shall be elected in 1967, and one full-time 699
judge shall be elected in 1975.700

       In the Alliance municipal court, one full-time judge shall be 701
elected in 1953.702

       In the Ashland municipal court, one full-time judge shall be 703
elected in 1951.704

       In the Ashtabula municipal court, one full-time judge shall 705
be elected in 1953.706

       In the Athens county municipal court, one full-time judge 707
shall be elected in 1967.708

       In the Auglaize county municipal court, one full-time judge 709
shall be elected in 1975.710

       In the Avon Lake municipal court, one part-time judge shall 711
be elected in 1957.712

       In the Barberton municipal court, one full-time judge shall 713
be elected in 1969, and one full-time judge shall be elected in 714
1971.715

       In the Bedford municipal court, one full-time judge shall be 716
elected in 1975, and one full-time judge shall be elected in 1979.717

       In the Bellefontaine municipal court, one full-time judge 718
shall be elected in 1993.719

       In the Bellevue municipal court, one part-time judge shall be 720
elected in 1951.721

       In the Berea municipal court, one full-time judge shall be 722
elected in 2005.723

       In the Bowling Green municipal court, one full-time judge 724
shall be elected in 1983.725

       In the Brown county municipal court, one full-time judge 726
shall be elected in 2005. Beginning February 9, 2003, the 727
part-time judge of the Brown county county court that existed 728
prior to that date whose term commenced on January 2, 2001, shall 729
serve as the full-time judge of the Brown county municipal court 730
until December 31, 2005.731

       In the Bryan municipal court, one full-time judge shall be 732
elected in 1965.733

       In the Cambridge municipal court, one full-time judge shall 734
be elected in 1951.735

       In the Campbell municipal court, one part-time judge shall be 736
elected in 1963.737

       In the Canton municipal court, one full-time judge shall be 738
elected in 1951, one full-time judge shall be elected in 1969, and 739
two full-time judges shall be elected in 1977.740

       In the Carroll county municipal court, one full-time judge 741
shall be elected in 2009. Beginning January 1, 2007, the judge 742
elected in 2006 to the part-time judgeship of the Carroll county 743
county court that existed prior to that date shall serve as the 744
full-time judge of the Carroll county municipal court until 745
December 31, 2009.746

       In the Celina municipal court, one full-time judge shall be 747
elected in 1957.748

       In the Champaign county municipal court, one full-time judge 749
shall be elected in 2001.750

       In the Chardon municipal court, one part-time judge shall be 751
elected in 1963.752

       In the Chillicothe municipal court, one full-time judge shall 753
be elected in 1951, and one full-time judge shall be elected in 754
1977.755

       In the Circleville municipal court, one full-time judge shall 756
be elected in 1953.757

       In the Clark county municipal court, one full-time judge 758
shall be elected in 1989, and two full-time judges shall be 759
elected in 1991. The full-time judges of the Springfield municipal 760
court who were elected in 1983 and 1985 shall serve as the judges 761
of the Clark county municipal court from January 1, 1988, until 762
the end of their respective terms.763

       In the Clermont county municipal court, two full-time judges 764
shall be elected in 1991, and one full-time judge shall be elected 765
in 1999.766

       In the Cleveland municipal court, six full-time judges shall 767
be elected in 1975, three full-time judges shall be elected in 768
1953, and four full-time judges shall be elected in 1955.769

       In the Cleveland Heights municipal court, one full-time judge 770
shall be elected in 1957.771

       In the Clinton county municipal court, one full-time judge 772
shall be elected in 1997. The full-time judge of the Wilmington 773
municipal court who was elected in 1991 shall serve as the judge 774
of the Clinton county municipal court from July 1, 1992, until the 775
end of that judge's term on December 31, 1997.776

       In the Columbiana county municipal court, two full-time 777
judges shall be elected in 2001.778

       In the Conneaut municipal court, one full-time judge shall be 779
elected in 1953.780

       In the Coshocton municipal court, one full-time judge shall 781
be elected in 1951.782

       In the Crawford county municipal court, one full-time judge 783
shall be elected in 1977.784

       In the Cuyahoga Falls municipal court, one full-time judge 785
shall be elected in 1953, and one full-time judge shall be elected 786
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal 787
court shall cease to exist; however, the judges of the Cuyahoga 788
Falls municipal court who were elected pursuant to this section in 789
2003 and 2007 for terms beginning on January 1, 2004, and January 790
1, 2008, respectively, shall serve as full-time judges of the Stow 791
municipal court until December 31, 2009, and December 31, 2013, 792
respectively.793

       In the Darke county municipal court, one full-time judge 794
shall be elected in 2005. Beginning January 1, 2005, the part-time 795
judge of the Darke county county court that existed prior to that 796
date whose term began on January 1, 2001, shall serve as the 797
full-time judge of the Darke county municipal court until December 798
31, 2005.799

       In the Dayton municipal court, three full-time judges shall 800
be elected in 1987, their terms to commence on successive days 801
beginning on the first day of January next after their election, 802
and two full-time judges shall be elected in 1955, their terms to 803
commence on successive days beginning on the second day of January 804
next after their election.805

       In the Defiance municipal court, one full-time judge shall be 806
elected in 1957.807

       In the Delaware municipal court, one full-time judge shall be 808
elected in 1953, and one full-time judge shall be elected in 2007.809

       In the East Cleveland municipal court, one full-time judge 810
shall be elected in 1957.811

       In the East Liverpool municipal court, one full-time judge 812
shall be elected in 1953.813

       In the Eaton municipal court, one full-time judge shall be 814
elected in 1973.815

       In the Elyria municipal court, one full-time judge shall be 816
elected in 1955, and one full-time judge shall be elected in 1973.817

       In the Erie county municipal court, one full-time judge shall 818
be elected in 2007.819

       In the Euclid municipal court, one full-time judge shall be 820
elected in 1951.821

       In the Fairborn municipal court, one full-time judge shall be 822
elected in 1977.823

       In the Fairfield county municipal court, one full-time judge 824
shall be elected in 2003, and one full-time judge shall be elected 825
in 2005.826

       In the Fairfield municipal court, one full-time judge shall 827
be elected in 1989.828

       In the Findlay municipal court, one full-time judge shall be 829
elected in 1955, and one full-time judge shall be elected in 1993.830

       In the Fostoria municipal court, one full-time judge shall be 831
elected in 1975.832

       In the Franklin municipal court, one part-time judge shall be 833
elected in 1951.834

       In the Franklin county municipal court, two full-time judges 835
shall be elected in 1969, three full-time judges shall be elected 836
in 1971, seven full-time judges shall be elected in 1967, one 837
full-time judge shall be elected in 1975, one full-time judge 838
shall be elected in 1991, and one full-time judge shall be elected 839
in 1997.840

       In the Fremont municipal court, one full-time judge shall be 841
elected in 1975.842

       In the Gallipolis municipal court, one full-time judge shall 843
be elected in 1981.844

       In the Garfield Heights municipal court, one full-time judge 845
shall be elected in 1951, and one full-time judge shall be elected 846
in 1981.847

       In the Girard municipal court, one full-time judge shall be 848
elected in 1963.849

       In the Hamilton municipal court, one full-time judge shall be 850
elected in 1953.851

       In the Hamilton county municipal court, five full-time judges 852
shall be elected in 1967, five full-time judges shall be elected 853
in 1971, two full-time judges shall be elected in 1981, and two 854
full-time judges shall be elected in 1983. All terms of judges of 855
the Hamilton county municipal court shall commence on the first 856
day of January next after their election, except that the terms of 857
the additional judges to be elected in 1981 shall commence on 858
January 2, 1982, and January 3, 1982, and that the terms of the 859
additional judges to be elected in 1983 shall commence on January 860
4, 1984, and January 5, 1984.861

       In the Hardin county municipal court, one part-time judge 862
shall be elected in 1989.863

       In the Hillsboro municipal court, one full-time judge shall 864
be elected in 2011. On and after the effective date of this 865
amendmentDecember 30, 2008, the part-time judge of the Hillsboro 866
municipal court who was elected in 2005 shall serve as a full-time 867
judge of the court until the end of that judge's term on December 868
31, 2011.869

       In the Hocking county municipal court, one full-time judge 870
shall be elected in 1977.871

       In the Holmes county municipal court, one full-time judge 872
shall be elected in 2007. Beginning January 1, 2007, the part-time 873
judge of the Holmes county county court that existed prior to that 874
date whose term commenced on January 1, 2007, shall serve as the 875
full-time judge of the Holmes county municipal court until 876
December 31, 2007.877

       In the Huron municipal court, one part-time judge shall be 878
elected in 1967.879

       In the Ironton municipal court, one full-time judge shall be 880
elected in 1951.881

       In the Jackson county municipal court, one full-time judge 882
shall be elected in 2001. On and after March 31, 1997, the 883
part-time judge of the Jackson county municipal court who was 884
elected in 1995 shall serve as a full-time judge of the court 885
until the end of that judge's term on December 31, 2001.886

       In the Kettering municipal court, one full-time judge shall 887
be elected in 1971, and one full-time judge shall be elected in 888
1975.889

       In the Lakewood municipal court, one full-time judge shall be 890
elected in 1955.891

       In the Lancaster municipal court, one full-time judge shall 892
be elected in 1951, and one full-time judge shall be elected in 893
1979. Beginning January 2, 2000, the full-time judges of the 894
Lancaster municipal court who were elected in 1997 and 1999 shall 895
serve as judges of the Fairfield county municipal court until the 896
end of those judges' terms.897

       In the Lawrence county municipal court, one part-time judge 898
shall be elected in 1981.899

       In the Lebanon municipal court, one part-time judge shall be 900
elected in 1955.901

       In the Licking county municipal court, one full-time judge 902
shall be elected in 1951, and one full-time judge shall be elected 903
in 1971.904

       In the Lima municipal court, one full-time judge shall be 905
elected in 1951, and one full-time judge shall be elected in 1967.906

       In the Lorain municipal court, one full-time judge shall be 907
elected in 1953, and one full-time judge shall be elected in 1973.908

       In the Lyndhurst municipal court, one part-time judge shall 909
be elected in 1957.910

       In the Madison county municipal court, one full-time judge 911
shall be elected in 1981.912

       In the Mansfield municipal court, one full-time judge shall 913
be elected in 1951, and one full-time judge shall be elected in 914
1969.915

       In the Marietta municipal court, one full-time judge shall be 916
elected in 1957.917

       In the Marion municipal court, one full-time judge shall be 918
elected in 1951.919

       In the Marysville municipal court, one full-time judge shall 920
be elected in 2011. On and after January 18, 2007, the part-time 921
judge of the Marysville municipal court who was elected in 2005 922
shall serve as a full-time judge of the court until the end of 923
that judge's term on December 31, 2011.924

       In the Mason municipal court, one part-time judge shall be 925
elected in 1965.926

       In the Massillon municipal court, one full-time judge shall 927
be elected in 1953, and one full-time judge shall be elected in 928
1971.929

       In the Maumee municipal court, one full-time judge shall be 930
elected in 1963.931

       In the Medina municipal court, one full-time judge shall be 932
elected in 1957.933

       In the Mentor municipal court, one full-time judge shall be 934
elected in 1971.935

       In the Miami county municipal court, one full-time judge 936
shall be elected in 1975, and one full-time judge shall be elected 937
in 1979.938

       In the Miamisburg municipal court, one part-time judge shall 939
be elected in 1951.940

       In the Middletown municipal court, one full-time judge shall 941
be elected in 1953.942

       In the Morrow county municipal court, one full-time judge 943
shall be elected in 2005. Beginning January 1, 2003, the part-time 944
judge of the Morrow county county court that existed prior to that 945
date shall serve as the full-time judge of the Morrow county 946
municipal court until December 31, 2005.947

       In the Mount Vernon municipal court, one full-time judge 948
shall be elected in 1951.949

       In the Napoleon municipal court, one full-time judge shall be 950
elected in 2005.951

       In the New Philadelphia municipal court, one full-time judge 952
shall be elected in 1975.953

       In the Newton Falls municipal court, one full-time judge 954
shall be elected in 1963.955

       In the Niles municipal court, one full-time judge shall be 956
elected in 1951.957

       In the Norwalk municipal court, one full-time judge shall be 958
elected in 1975.959

       In the Oakwood municipal court, one part-time judge shall be 960
elected in 1953.961

       In the Oberlin municipal court, one full-time judge shall be 962
elected in 1989.963

       In the Oregon municipal court, one full-time judge shall be 964
elected in 1963.965

       In the Ottawa county municipal court, one full-time judge 966
shall be elected in 1995, and the full-time judge of the Port 967
Clinton municipal court who is elected in 1989 shall serve as the 968
judge of the Ottawa county municipal court from February 4, 1994, 969
until the end of that judge's term.970

       In the Painesville municipal court, one full-time judge shall 971
be elected in 1951.972

       In the Parma municipal court, one full-time judge shall be 973
elected in 1951, one full-time judge shall be elected in 1967, and 974
one full-time judge shall be elected in 1971.975

       In the Perrysburg municipal court, one full-time judge shall 976
be elected in 1977.977

       In the Portage county municipal court, two full-time judges 978
shall be elected in 1979, and one full-time judge shall be elected 979
in 1971.980

       In the Port Clinton municipal court, one full-time judge 981
shall be elected in 1953. The full-time judge of the Port Clinton 982
municipal court who is elected in 1989 shall serve as the judge of 983
the Ottawa county municipal court from February 4, 1994, until the 984
end of that judge's term.985

       In the Portsmouth municipal court, one full-time judge shall 986
be elected in 1951, and one full-time judge shall be elected in 987
1985.988

       In the Putnam county municipal court, one full-time judge 989
shall be elected in 2011. Beginning January 1, 2011, the part-time 990
judge of the Putnam county county court that existed prior to that 991
date whose term commenced on January 1, 2007, shall serve as the 992
full-time judge of the Putnam county municipal court until 993
December 31, 2011.994

       In the Rocky River municipal court, one full-time judge shall 995
be elected in 1957, and one full-time judge shall be elected in 996
1971.997

       In the Sandusky municipal court, one full-time judge shall be 998
elected in 1953.999

       In the Shaker Heights municipal court, one full-time judge 1000
shall be elected in 1957.1001

       In the Shelby municipal court, one part-time judge shall be 1002
elected in 1957.1003

       In the Sidney municipal court, one full-time judge shall be 1004
elected in 1995.1005

       In the South Euclid municipal court, one full-time judge 1006
shall be elected in 1999. The part-time judge elected in 1993, 1007
whose term commenced on January 1, 1994, shall serve until 1008
December 31, 1999, and the office of that judge is abolished on 1009
January 1, 2000.1010

       In the Springfield municipal court, two full-time judges 1011
shall be elected in 1985, and one full-time judge shall be elected 1012
in 1983, all of whom shall serve as the judges of the Springfield 1013
municipal court through December 31, 1987, and as the judges of 1014
the Clark county municipal court from January 1, 1988, until the 1015
end of their respective terms.1016

       In the Steubenville municipal court, one full-time judge 1017
shall be elected in 1953.1018

       In the Stow municipal court, one full-time judge shall be 1019
elected in 2009, and one full-time judge shall be elected in 2013. 1020
Beginning January 1, 2009, the judge of the Cuyahoga Falls 1021
municipal court that existed prior to that date whose term 1022
commenced on January 1, 2008, shall serve as a full-time judge of 1023
the Stow municipal court until December 31, 2013. Beginning 1024
January 1, 2009, the judge of the Cuyahoga Falls municipal court 1025
that existed prior to that date whose term commenced on January 1, 1026
2004, shall serve as a full-time judge of the Stow municipal court 1027
until December 31, 2009.1028

       In the Struthers municipal court, one part-time judge shall 1029
be elected in 1963.1030

       In the Sylvania municipal court, one full-time judge shall be 1031
elected in 1963.1032

       In the Tiffin municipal court, one full-time judge shall be 1033
elected in 1953.1034

       In the Toledo municipal court, two full-time judges shall be 1035
elected in 1971, four full-time judges shall be elected in 1975, 1036
and one full-time judge shall be elected in 1973.1037

       In the Upper Sandusky municipal court, one full-time judge 1038
shall be elected in 2011. The part-time judge elected in 2005, 1039
whose term commenced on January 1, 2006, shall serve as a 1040
full-time judge on and after January 1, 2008, until the expiration 1041
of that judge's term on December 31, 2011, and the office of that 1042
judge is abolished on January 1, 2012.1043

       In the Vandalia municipal court, one full-time judge shall be 1044
elected in 1959.1045

       In the Van Wert municipal court, one full-time judge shall be 1046
elected in 1957.1047

       In the Vermilion municipal court, one part-time judge shall 1048
be elected in 1965.1049

       In the Wadsworth municipal court, one full-time judge shall 1050
be elected in 1981.1051

       In the Warren municipal court, one full-time judge shall be 1052
elected in 1951, and one full-time judge shall be elected in 1971.1053

       In the Washington Court House municipal court, one full-time 1054
judge shall be elected in 1999. The part-time judge elected in 1055
1993, whose term commenced on January 1, 1994, shall serve until 1056
December 31, 1999, and the office of that judge is abolished on 1057
January 1, 2000.1058

       In the Wayne county municipal court, one full-time judge 1059
shall be elected in 1975, and one full-time judge shall be elected 1060
in 1979.1061

       In the Willoughby municipal court, one full-time judge shall 1062
be elected in 1951.1063

       In the Wilmington municipal court, one full-time judge shall 1064
be elected in 1991, who shall serve as the judge of the Wilmington 1065
municipal court through June 30, 1992, and as the judge of the 1066
Clinton county municipal court from July 1, 1992, until the end of 1067
that judge's term on December 31, 1997.1068

       In the Xenia municipal court, one full-time judge shall be 1069
elected in 1977.1070

       In the Youngstown municipal court, one full-time judge shall 1071
be elected in 1951, and two full-time judges shall be elected in 1072
1953.1073

       In the Zanesville municipal court, one full-time judge shall 1074
be elected in 1953.1075

       Sec. 1901.31.  The clerk and deputy clerks of a municipal 1076
court shall be selected, be compensated, give bond, and have 1077
powers and duties as follows: 1078

       (A) There shall be a clerk of the court who is appointed or 1079
elected as follows: 1080

       (1)(a) Except in the Akron, Barberton, Toledo, Hamilton 1081
county, Portage county, and Wayne county municipal courts and 1082
through December 31, 2008, the Cuyahoga Falls municipal court, if 1083
the population of the territory equals or exceeds one hundred 1084
thousand at the regular municipal election immediately preceding 1085
the expiration of the term of the present clerk, the clerk shall 1086
be nominated and elected by the qualified electors of the 1087
territory in the manner that is provided for the nomination and 1088
election of judges in section 1901.07 of the Revised Code. 1089

       The clerk so elected shall hold office for a term of six 1090
years, which term shall commence on the first day of January 1091
following the clerk's election and continue until the clerk's 1092
successor is elected and qualified. 1093

       (b) In the Hamilton county municipal court, the clerk of 1094
courts of Hamilton county shall be the clerk of the municipal 1095
court and may appoint an assistant clerk who shall receive the 1096
compensation, payable out of the treasury of Hamilton county in 1097
semimonthly installments, that the board of county commissioners 1098
prescribes. The clerk of courts of Hamilton county, acting as the 1099
clerk of the Hamilton county municipal court and assuming the 1100
duties of that office, shall receive compensation at one-fourth 1101
the rate that is prescribed for the clerks of courts of common 1102
pleas as determined in accordance with the population of the 1103
county and the rates set forth in sections 325.08 and 325.18 of 1104
the Revised Code. This compensation shall be paid from the county 1105
treasury in semimonthly installments and is in addition to the 1106
annual compensation that is received for the performance of the 1107
duties of the clerk of courts of Hamilton county, as provided in 1108
sections 325.08 and 325.18 of the Revised Code. 1109

       (c) In the Portage county and Wayne county municipal courts, 1110
the clerks of courts of Portage county and Wayne county shall be 1111
the clerks, respectively, of the Portage county and Wayne county 1112
municipal courts and may appoint a chief deputy clerk for each 1113
branch that is established pursuant to section 1901.311 of the 1114
Revised Code and assistant clerks as the judges of the municipal 1115
court determine are necessary, all of whom shall receive the 1116
compensation that the legislative authority prescribes. The clerks 1117
of courts of Portage county and Wayne county, acting as the clerks 1118
of the Portage county and Wayne county municipal courts and 1119
assuming the duties of these offices, shall receive compensation 1120
payable from the county treasury in semimonthly installments at 1121
one-fourth the rate that is prescribed for the clerks of courts of 1122
common pleas as determined in accordance with the population of 1123
the county and the rates set forth in sections 325.08 and 325.18 1124
of the Revised Code. 1125

       (d) Except as otherwise provided in division (A)(1)(d) of 1126
this section, in the Akron municipal court, candidates for 1127
election to the office of clerk of the court shall be nominated by 1128
primary election. The primary election shall be held on the day 1129
specified in the charter of the city of Akron for the nomination 1130
of municipal officers. Notwithstanding any contrary provision of 1131
section 3513.05 or 3513.257 of the Revised Code, the declarations 1132
of candidacy and petitions of partisan candidates and the 1133
nominating petitions of independent candidates for the office of 1134
clerk of the Akron municipal court shall be signed by at least 1135
fifty qualified electors of the territory of the court. 1136

       The candidates shall file a declaration of candidacy and 1137
petition, or a nominating petition, whichever is applicable, not 1138
later than four p.m. of the ninetieth day before the day of the 1139
primary election, in the form prescribed by section 3513.07 or 1140
3513.261 of the Revised Code. The declaration of candidacy and 1141
petition, or the nominating petition, shall conform to the 1142
applicable requirements of section 3513.05 or 3513.257 of the 1143
Revised Code. 1144

       If no valid declaration of candidacy and petition is filed by 1145
any person for nomination as a candidate of a particular political 1146
party for election to the office of clerk of the Akron municipal 1147
court, a primary election shall not be held for the purpose of 1148
nominating a candidate of that party for election to that office. 1149
If only one person files a valid declaration of candidacy and 1150
petition for nomination as a candidate of a particular political 1151
party for election to that office, a primary election shall not be 1152
held for the purpose of nominating a candidate of that party for 1153
election to that office, and the candidate shall be issued a 1154
certificate of nomination in the manner set forth in section 1155
3513.02 of the Revised Code. 1156

       Declarations of candidacy and petitions, nominating 1157
petitions, and certificates of nomination for the office of clerk 1158
of the Akron municipal court shall contain a designation of the 1159
term for which the candidate seeks election. At the following 1160
regular municipal election, all candidates for the office shall be 1161
submitted to the qualified electors of the territory of the court 1162
in the manner that is provided in section 1901.07 of the Revised 1163
Code for the election of the judges of the court. The clerk so 1164
elected shall hold office for a term of six years, which term 1165
shall commence on the first day of January following the clerk's 1166
election and continue until the clerk's successor is elected and 1167
qualified. 1168

       (e) Except as otherwise provided in division (A)(1)(e) of 1169
this section, in the Barberton municipal court, candidates for 1170
election to the office of clerk of the court shall be nominated by 1171
primary election. The primary election shall be held on the day 1172
specified in the charter of the city of Barberton for the 1173
nomination of municipal officers. Notwithstanding any contrary 1174
provision of section 3513.05 or 3513.257 of the Revised Code, the 1175
declarations of candidacy and petitions of partisan candidates and 1176
the nominating petitions of independent candidates for the office 1177
of clerk of the Barberton municipal court shall be signed by at 1178
least fifty qualified electors of the territory of the court. 1179

       The candidates shall file a declaration of candidacy and 1180
petition, or a nominating petition, whichever is applicable, not 1181
later than four p.m. of the ninetieth day before the day of the 1182
primary election, in the form prescribed by section 3513.07 or 1183
3513.261 of the Revised Code. The declaration of candidacy and 1184
petition, or the nominating petition, shall conform to the 1185
applicable requirements of section 3513.05 or 3513.257 of the 1186
Revised Code. 1187

       If no valid declaration of candidacy and petition is filed by 1188
any person for nomination as a candidate of a particular political 1189
party for election to the office of clerk of the Barberton 1190
municipal court, a primary election shall not be held for the 1191
purpose of nominating a candidate of that party for election to 1192
that office. If only one person files a valid declaration of 1193
candidacy and petition for nomination as a candidate of a 1194
particular political party for election to that office, a primary 1195
election shall not be held for the purpose of nominating a 1196
candidate of that party for election to that office, and the 1197
candidate shall be issued a certificate of nomination in the 1198
manner set forth in section 3513.02 of the Revised Code. 1199

       Declarations of candidacy and petitions, nominating 1200
petitions, and certificates of nomination for the office of clerk 1201
of the Barberton municipal court shall contain a designation of 1202
the term for which the candidate seeks election. At the following 1203
regular municipal election, all candidates for the office shall be 1204
submitted to the qualified electors of the territory of the court 1205
in the manner that is provided in section 1901.07 of the Revised 1206
Code for the election of the judges of the court. The clerk so 1207
elected shall hold office for a term of six years, which term 1208
shall commence on the first day of January following the clerk's 1209
election and continue until the clerk's successor is elected and 1210
qualified. 1211

       (f)(i) Through December 31, 2008, except as otherwise 1212
provided in division (A)(1)(f)(i) of this section, in the Cuyahoga 1213
Falls municipal court, candidates for election to the office of 1214
clerk of the court shall be nominated by primary election. The 1215
primary election shall be held on the day specified in the charter 1216
of the city of Cuyahoga Falls for the nomination of municipal 1217
officers. Notwithstanding any contrary provision of section 1218
3513.05 or 3513.257 of the Revised Code, the declarations of 1219
candidacy and petitions of partisan candidates and the nominating 1220
petitions of independent candidates for the office of clerk of the 1221
Cuyahoga Falls municipal court shall be signed by at least fifty 1222
qualified electors of the territory of the court. 1223

       The candidates shall file a declaration of candidacy and 1224
petition, or a nominating petition, whichever is applicable, not 1225
later than four p.m. of the ninetieth day before the day of the 1226
primary election, in the form prescribed by section 3513.07 or 1227
3513.261 of the Revised Code. The declaration of candidacy and 1228
petition, or the nominating petition, shall conform to the 1229
applicable requirements of section 3513.05 or 3513.257 of the 1230
Revised Code. 1231

       If no valid declaration of candidacy and petition is filed by 1232
any person for nomination as a candidate of a particular political 1233
party for election to the office of clerk of the Cuyahoga Falls 1234
municipal court, a primary election shall not be held for the 1235
purpose of nominating a candidate of that party for election to 1236
that office. If only one person files a valid declaration of 1237
candidacy and petition for nomination as a candidate of a 1238
particular political party for election to that office, a primary 1239
election shall not be held for the purpose of nominating a 1240
candidate of that party for election to that office, and the 1241
candidate shall be issued a certificate of nomination in the 1242
manner set forth in section 3513.02 of the Revised Code. 1243

       Declarations of candidacy and petitions, nominating 1244
petitions, and certificates of nomination for the office of clerk 1245
of the Cuyahoga Falls municipal court shall contain a designation 1246
of the term for which the candidate seeks election. At the 1247
following regular municipal election, all candidates for the 1248
office shall be submitted to the qualified electors of the 1249
territory of the court in the manner that is provided in section 1250
1901.07 of the Revised Code for the election of the judges of the 1251
court. The clerk so elected shall hold office for a term of six 1252
years, which term shall commence on the first day of January 1253
following the clerk's election and continue until the clerk's 1254
successor is elected and qualified. 1255

       (ii) Division (A)(1)(f)(i) of this section shall have no 1256
effect after December 31, 2008. 1257

       (g) Except as otherwise provided in division (A)(1)(g) of 1258
this section, in the Toledo municipal court, candidates for 1259
election to the office of clerk of the court shall be nominated by 1260
primary election. The primary election shall be held on the day 1261
specified in the charter of the city of Toledo for the nomination 1262
of municipal officers. Notwithstanding any contrary provision of 1263
section 3513.05 or 3513.257 of the Revised Code, the declarations 1264
of candidacy and petitions of partisan candidates and the 1265
nominating petitions of independent candidates for the office of 1266
clerk of the Toledo municipal court shall be signed by at least 1267
fifty qualified electors of the territory of the court. 1268

       The candidates shall file a declaration of candidacy and 1269
petition, or a nominating petition, whichever is applicable, not 1270
later than four p.m. of the ninetieth day before the day of the 1271
primary election, in the form prescribed by section 3513.07 or 1272
3513.261 of the Revised Code. The declaration of candidacy and 1273
petition, or the nominating petition, shall conform to the 1274
applicable requirements of section 3513.05 or 3513.257 of the 1275
Revised Code. 1276

       If no valid declaration of candidacy and petition is filed by 1277
any person for nomination as a candidate of a particular political 1278
party for election to the office of clerk of the Toledo municipal 1279
court, a primary election shall not be held for the purpose of 1280
nominating a candidate of that party for election to that office. 1281
If only one person files a valid declaration of candidacy and 1282
petition for nomination as a candidate of a particular political 1283
party for election to that office, a primary election shall not be 1284
held for the purpose of nominating a candidate of that party for 1285
election to that office, and the candidate shall be issued a 1286
certificate of nomination in the manner set forth in section 1287
3513.02 of the Revised Code. 1288

       Declarations of candidacy and petitions, nominating 1289
petitions, and certificates of nomination for the office of clerk 1290
of the Toledo municipal court shall contain a designation of the 1291
term for which the candidate seeks election. At the following 1292
regular municipal election, all candidates for the office shall be 1293
submitted to the qualified electors of the territory of the court 1294
in the manner that is provided in section 1901.07 of the Revised 1295
Code for the election of the judges of the court. The clerk so 1296
elected shall hold office for a term of six years, which term 1297
shall commence on the first day of January following the clerk's 1298
election and continue until the clerk's successor is elected and 1299
qualified. 1300

       (2)(a) Except for the Alliance, Auglaize county, Brown 1301
county, Columbiana county, Holmes county, Putnam county, Lorain, 1302
Massillon, and Youngstown municipal courts, in a municipal court 1303
for which the population of the territory is less than one hundred 1304
thousand, the clerk shall be appointed by the court, and the clerk 1305
shall hold office until the clerk's successor is appointed and 1306
qualified. 1307

       (b) In the Alliance, Lorain, Massillon, and Youngstown 1308
municipal courts, the clerk shall be elected for a term of office 1309
as described in division (A)(1)(a) of this section. 1310

       (c) In the Auglaize county, Brown county, and Holmes county, 1311
and Putnam county municipal courts, the clerks of courts of 1312
Auglaize county, Brown county, and Holmes county, and Putnam 1313
county shall be the clerks, respectively, of the Auglaize county, 1314
Brown county, and Holmes county, and Putnam county municipal 1315
courts and may appoint a chief deputy clerk for each branch office 1316
that is established pursuant to section 1901.311 of the Revised 1317
Code, and assistant clerks as the judge of the court determines 1318
are necessary, all of whom shall receive the compensation that the 1319
legislative authority prescribes. The clerks of courts of Auglaize 1320
county, Brown county, and Holmes county, and Putnam county, acting 1321
as the clerks of the Auglaize county, Brown county, and Holmes 1322
county, and Putnam county municipal courts and assuming the duties 1323
of these offices, shall receive compensation payable from the 1324
county treasury in semimonthly installments at one-fourth the rate 1325
that is prescribed for the clerks of courts of common pleas as 1326
determined in accordance with the population of the county and the 1327
rates set forth in sections 325.08 and 325.18 of the Revised Code. 1328

       (d) In the Columbiana county municipal court, the clerk of 1329
courts of Columbiana county shall be the clerk of the municipal 1330
court, may appoint a chief deputy clerk for each branch office 1331
that is established pursuant to section 1901.311 of the Revised 1332
Code, and may appoint any assistant clerks that the judges of the 1333
court determine are necessary. All of the chief deputy clerks and 1334
assistant clerks shall receive the compensation that the 1335
legislative authority prescribes. The clerk of courts of 1336
Columbiana county, acting as the clerk of the Columbiana county 1337
municipal court and assuming the duties of that office, shall 1338
receive in either biweekly installments or semimonthly 1339
installments, as determined by the payroll administrator, 1340
compensation payable from the county treasury at one-fourth the 1341
rate that is prescribed for the clerks of courts of common pleas 1342
as determined in accordance with the population of the county and 1343
the rates set forth in sections 325.08 and 325.18 of the Revised 1344
Code. 1345

       (3) During the temporary absence of the clerk due to illness, 1346
vacation, or other proper cause, the court may appoint a temporary 1347
clerk, who shall be paid the same compensation, have the same 1348
authority, and perform the same duties as the clerk. 1349

       (B) Except in the Hamilton county, Portage county, and Wayne 1350
county municipal courts, if a vacancy occurs in the office of the 1351
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal 1352
court or occurs in the office of the clerk of a municipal court 1353
for which the population of the territory equals or exceeds one 1354
hundred thousand because the clerk ceases to hold the office 1355
before the end of the clerk's term or because a clerk-elect fails 1356
to take office, the vacancy shall be filled, until a successor is 1357
elected and qualified, by a person chosen by the residents of the 1358
territory of the court who are members of the county central 1359
committee of the political party by which the last occupant of 1360
that office or the clerk-elect was nominated. Not less than five 1361
nor more than fifteen days after a vacancy occurs, those members 1362
of that county central committee shall meet to make an appointment 1363
to fill the vacancy. At least four days before the date of the 1364
meeting, the chairperson or a secretary of the county central 1365
committee shall notify each such member of that county central 1366
committee by first class mail of the date, time, and place of the 1367
meeting and its purpose. A majority of all such members of that 1368
county central committee constitutes a quorum, and a majority of 1369
the quorum is required to make the appointment. If the office so 1370
vacated was occupied or was to be occupied by a person not 1371
nominated at a primary election, or if the appointment was not 1372
made by the committee members in accordance with this division, 1373
the court shall make an appointment to fill the vacancy. A 1374
successor shall be elected to fill the office for the unexpired 1375
term at the first municipal election that is held more than one 1376
hundred thirty-five days after the vacancy occurred. 1377

       (C)(1) In a municipal court, other than the Auglaize county, 1378
the Brown county, the Columbiana county, the Holmes county, the 1379
Putnam county, and the Lorain municipal courts, for which the 1380
population of the territory is less than one hundred thousand, the 1381
clerk of the municipal court shall receive the annual compensation 1382
that the presiding judge of the court prescribes, if the revenue 1383
of the court for the preceding calendar year, as certified by the 1384
auditor or chief fiscal officer of the municipal corporation in 1385
which the court is located or, in the case of a county-operated 1386
municipal court, the county auditor, is equal to or greater than 1387
the expenditures, including any debt charges, for the operation of 1388
the court payable under this chapter from the city treasury or, in 1389
the case of a county-operated municipal court, the county treasury 1390
for that calendar year, as also certified by the auditor or chief 1391
fiscal officer. If the revenue of a municipal court, other than 1392
the Auglaize county, the Brown county, the Columbiana county, the 1393
Putnam county, and the Lorain municipal courts, for which the 1394
population of the territory is less than one hundred thousand for 1395
the preceding calendar year as so certified is not equal to or 1396
greater than those expenditures for the operation of the court for 1397
that calendar year as so certified, the clerk of a municipal court 1398
shall receive the annual compensation that the legislative 1399
authority prescribes. As used in this division, "revenue" means 1400
the total of all costs and fees that are collected and paid to the 1401
city treasury or, in a county-operated municipal court, the county 1402
treasury by the clerk of the municipal court under division (F) of 1403
this section and all interest received and paid to the city 1404
treasury or, in a county-operated municipal court, the county 1405
treasury in relation to the costs and fees under division (G) of 1406
this section. 1407

       (2) In a municipal court, other than the Hamilton county, 1408
Portage county, and Wayne county municipal courts, for which the 1409
population of the territory is one hundred thousand or more, and 1410
in the Lorain municipal court, the clerk of the municipal court 1411
shall receive annual compensation in a sum equal to eighty-five 1412
per cent of the salary of a judge of the court. 1413

       (3) The compensation of a clerk described in division (C)(1) 1414
or (2) of this section and of the clerk of the Columbiana county 1415
municipal court is payable in either semimonthly installments or 1416
biweekly installments, as determined by the payroll administrator, 1417
from the same sources and in the same manner as provided in 1418
section 1901.11 of the Revised Code, except that the compensation 1419
of the clerk of the Carroll county municipal court is payable in 1420
biweekly installments. 1421

       (D) Before entering upon the duties of the clerk's office, 1422
the clerk of a municipal court shall give bond of not less than 1423
six thousand dollars to be determined by the judges of the court, 1424
conditioned upon the faithful performance of the clerk's duties. 1425

       (E) The clerk of a municipal court may do all of the 1426
following: administer oaths, take affidavits, and issue executions 1427
upon any judgment rendered in the court, including a judgment for 1428
unpaid costs; issue, sign, and attach the seal of the court to all 1429
writs, process, subpoenas, and papers issuing out of the court; 1430
and approve all bonds, sureties, recognizances, and undertakings 1431
fixed by any judge of the court or by law. The clerk may refuse to 1432
accept for filing any pleading or paper submitted for filing by a 1433
person who has been found to be a vexatious litigator under 1434
section 2323.52 of the Revised Code and who has failed to obtain 1435
leave to proceed under that section. The clerk shall do all of the 1436
following: file and safely keep all journals, records, books, and 1437
papers belonging or appertaining to the court; record the 1438
proceedings of the court; perform all other duties that the judges 1439
of the court may prescribe; and keep a book showing all receipts 1440
and disbursements, which book shall be open for public inspection 1441
at all times. 1442

       The clerk shall prepare and maintain a general index, a 1443
docket, and other records that the court, by rule, requires, all 1444
of which shall be the public records of the court. In the docket, 1445
the clerk shall enter, at the time of the commencement of an 1446
action, the names of the parties in full, the names of the 1447
counsel, and the nature of the proceedings. Under proper dates, 1448
the clerk shall note the filing of the complaint, issuing of 1449
summons or other process, returns, and any subsequent pleadings. 1450
The clerk also shall enter all reports, verdicts, orders, 1451
judgments, and proceedings of the court, clearly specifying the 1452
relief granted or orders made in each action. The court may order 1453
an extended record of any of the above to be made and entered, 1454
under the proper action heading, upon the docket at the request of 1455
any party to the case, the expense of which record may be taxed as 1456
costs in the case or may be required to be prepaid by the party 1457
demanding the record, upon order of the court. 1458

       (F) The clerk of a municipal court shall receive, collect, 1459
and issue receipts for all costs, fees, fines, bail, and other 1460
moneys payable to the office or to any officer of the court. The 1461
clerk shall each month disburse to the proper persons or officers, 1462
and take receipts for, all costs, fees, fines, bail, and other 1463
moneys that the clerk collects. Subject to sections 307.515 and 1464
4511.193 of the Revised Code and to any other section of the 1465
Revised Code that requires a specific manner of disbursement of 1466
any moneys received by a municipal court and except for the 1467
Hamilton county, Lawrence county, and Ottawa county municipal 1468
courts, the clerk shall pay all fines received for violation of 1469
municipal ordinances into the treasury of the municipal 1470
corporation the ordinance of which was violated and shall pay all 1471
fines received for violation of township resolutions adopted 1472
pursuant to section 503.52 or 503.53 or Chapter 504. of the 1473
Revised Code into the treasury of the township the resolution of 1474
which was violated. Subject to sections 1901.024 and 4511.193 of 1475
the Revised Code, in the Hamilton county, Lawrence county, and 1476
Ottawa county municipal courts, the clerk shall pay fifty per cent 1477
of the fines received for violation of municipal ordinances and 1478
fifty per cent of the fines received for violation of township 1479
resolutions adopted pursuant to section 503.52 or 503.53 or 1480
Chapter 504. of the Revised Code into the treasury of the county. 1481
Subject to sections 307.515, 4511.19, and 5503.04 of the Revised 1482
Code and to any other section of the Revised Code that requires a 1483
specific manner of disbursement of any moneys received by a 1484
municipal court, the clerk shall pay all fines collected for the 1485
violation of state laws into the county treasury. Except in a 1486
county-operated municipal court, the clerk shall pay all costs and 1487
fees the disbursement of which is not otherwise provided for in 1488
the Revised Code into the city treasury. The clerk of a 1489
county-operated municipal court shall pay the costs and fees the 1490
disbursement of which is not otherwise provided for in the Revised 1491
Code into the county treasury. Moneys deposited as security for 1492
costs shall be retained pending the litigation. The clerk shall 1493
keep a separate account of all receipts and disbursements in civil 1494
and criminal cases, which shall be a permanent public record of 1495
the office. On the expiration of the term of the clerk, the clerk 1496
shall deliver the records to the clerk's successor. The clerk 1497
shall have other powers and duties as are prescribed by rule or 1498
order of the court. 1499

       (G) All moneys paid into a municipal court shall be noted on 1500
the record of the case in which they are paid and shall be 1501
deposited in a state or national bank, or a domestic savings and 1502
loan association, as defined in section 1151.01 of the Revised 1503
Code, that is selected by the clerk. Any interest received upon 1504
the deposits shall be paid into the city treasury, except that, in 1505
a county-operated municipal court, the interest shall be paid into 1506
the treasury of the county in which the court is located. 1507

       On the first Monday in January of each year, the clerk shall 1508
make a list of the titles of all cases in the court that were 1509
finally determined more than one year past in which there remains 1510
unclaimed in the possession of the clerk any funds, or any part of 1511
a deposit for security of costs not consumed by the costs in the 1512
case. The clerk shall give notice of the moneys to the parties who 1513
are entitled to the moneys or to their attorneys of record. All 1514
the moneys remaining unclaimed on the first day of April of each 1515
year shall be paid by the clerk to the city treasurer, except 1516
that, in a county-operated municipal court, the moneys shall be 1517
paid to the treasurer of the county in which the court is located. 1518
The treasurer shall pay any part of the moneys at any time to the 1519
person who has the right to the moneys upon proper certification 1520
of the clerk. 1521

       (H) Deputy clerks of a municipal court other than the Carroll 1522
county municipal court may be appointed by the clerk and shall 1523
receive the compensation, payable in either biweekly installments 1524
or semimonthly installments, as determined by the payroll 1525
administrator, out of the city treasury, that the clerk may 1526
prescribe, except that the compensation of any deputy clerk of a 1527
county-operated municipal court shall be paid out of the treasury 1528
of the county in which the court is located. The judge of the 1529
Carroll county municipal court may appoint deputy clerks for the 1530
court, and the deputy clerks shall receive the compensation, 1531
payable in biweekly installments out of the county treasury, that 1532
the judge may prescribe. Each deputy clerk shall take an oath of 1533
office before entering upon the duties of the deputy clerk's 1534
office and, when so qualified, may perform the duties appertaining 1535
to the office of the clerk. The clerk may require any of the 1536
deputy clerks to give bond of not less than three thousand 1537
dollars, conditioned for the faithful performance of the deputy 1538
clerk's duties. 1539

       (I) For the purposes of this section, whenever the population 1540
of the territory of a municipal court falls below one hundred 1541
thousand but not below ninety thousand, and the population of the 1542
territory prior to the most recent regular federal census exceeded 1543
one hundred thousand, the legislative authority of the municipal 1544
corporation may declare, by resolution, that the territory shall 1545
be considered to have a population of at least one hundred 1546
thousand. 1547

       (J) The clerk or a deputy clerk shall be in attendance at all 1548
sessions of the municipal court, although not necessarily in the 1549
courtroom, and may administer oaths to witnesses and jurors and 1550
receive verdicts.1551

       Sec. 1901.312.  (A) As used in this section, "health care 1552
coverage" has the same meaning as in section 1901.111 of the 1553
Revised Code.1554

       (B) The legislative authority, after consultation with the 1555
clerk and deputy clerks of the municipal court, shall negotiate 1556
and contract for, purchase, or otherwise procure group health care 1557
coverage for the clerk and deputy clerks and their spouses and 1558
dependents from insurance companies authorized to engage in the 1559
business of insurance in this state under Title XXXIX of the 1560
Revised Code or health insuring corporations holding certificates 1561
of authority under Chapter 1751. of the Revised Code, except that 1562
if the county or municipal corporation served by the legislative 1563
authority provides group health care coverage for its employees, 1564
the group health care coverage required by this section shall be 1565
provided, if possible, through the policy or plan under which the 1566
group health care coverage is provided for the county or municipal 1567
corporation employees.1568

       (C) The portion of the costs, premiums, or charges for the 1569
group health care coverage procured pursuant to division (B) of 1570
this section that is not paid by the clerk and deputy clerks of 1571
the municipal court, or all of the costs, premiums, or charges for 1572
the group health care coverage if the clerk and deputy clerks will 1573
not be paying any such portion, shall be paid as follows:1574

       (1) If the municipal court is a county-operated municipal 1575
court, the portion of the costs, premiums, or charges or all of 1576
the costs, premiums, or charges shall be paid out of the treasury 1577
of the county.1578

       (2)(a) If the municipal court is not a county-operated 1579
municipal court, the portion of the costs, premiums, or charges in 1580
connection with the clerk or all of the costs, premiums, or 1581
charges in connection with the clerk shall be paid in three-fifths 1582
and two-fifths shares from the city treasury and appropriate 1583
county treasuries as described in division (C) of section 1901.31 1584
of the Revised Code. The three-fifths share of a city treasury is 1585
subject to apportionment under section 1901.026 of the Revised 1586
Code.1587

       (b) If the municipal court is not a county-operated municipal 1588
court, the portion of the costs, premiums, or charges in 1589
connection with the deputy clerks or all of the costs, premiums, 1590
or charges in connection with the deputy clerks shall be paid from 1591
the city treasury and shall be subject to apportionment under 1592
section 1901.026 of the Revised Code.1593

       (D) This section does not apply to the clerk of the Auglaize 1594
county, Hamilton county, Portage county, Putnam county, or Wayne 1595
county municipal court, if health care coverage is provided to the 1596
clerk by virtue of the clerk's employment as the clerk of the 1597
court of common pleas of Auglaize county, Hamilton county, Portage 1598
county, Putnam county, or Wayne county.1599

       Sec. 1901.32.  (A) The bailiffs and deputy bailiffs of a 1600
municipal court shall be provided for, and their duties are, as 1601
follows:1602

       (1) Except for the Hamilton county municipal court, the court 1603
shall appoint a bailiff who shall receive the annual compensation 1604
that the court prescribes payable in either biweekly installments 1605
or semimonthly installments, as determined by the payroll 1606
administrator, from the same sources and in the same manner as 1607
provided in section 1901.11 of the Revised Code. The court may 1608
provide that the chief of police of the municipal corporation or a 1609
member of the police force be appointed by the court to be the 1610
bailiff of the court. Before entering upon the duties of office, 1611
the bailiff shall take an oath to faithfully perform the duties of 1612
the office and shall give a bond of not less than three thousand 1613
dollars, as the legislative authority prescribes, conditioned for 1614
the faithful performance the duties of chief bailiff.1615

       (2) Except for the Hamilton county municipal court, deputy 1616
bailiffs may be appointed by the court. Deputy bailiffs shall 1617
receive the compensation payable in semimonthly installments out 1618
of the city treasury that the court prescribes, except that the 1619
compensation of deputy bailiffs in a county-operated municipal 1620
court shall be paid out of the treasury of the county in which the 1621
court is located. Each deputy bailiff shall give a bond in an 1622
amount not less than one thousand dollars, and, when so qualified, 1623
may perform the duties pertaining to the office of chief bailiff 1624
of the court.1625

       (3) The bailiff and all deputy bailiffs of the Hamilton 1626
county municipal court shall be appointed by the clerk and shall 1627
receive the compensation payable in semimonthly installments out 1628
of the treasury of Hamilton county that the clerk prescribes. Each 1629
judge of the Hamilton county municipal court may appoint a 1630
courtroom bailiff, each of whom shall receive the compensation 1631
payable in semimonthly installments out of the treasury of 1632
Hamilton county that the court prescribes.1633

       (4) The legislative authority may purchase motor vehicles for 1634
the use of the bailiffs and deputy bailiffs as the court 1635
determines they need to perform the duties of their office. All 1636
expenses, maintenance, and upkeep of the vehicles shall be paid by 1637
the legislative authority upon approval by the court. Any 1638
allowances, costs, and expenses for the operation of private motor 1639
vehicles by bailiffs and deputy bailiffs for official duties, 1640
including the cost of oil, gasoline, and maintenance, shall be 1641
prescribed by the court and, subject to the approval of the 1642
legislative authority, shall be paid from the city treasury, 1643
except that the allowances, costs, and expenses for the bailiffs 1644
and deputy bailiffs of a county-operated municipal court shall be 1645
paid from the treasury of the county in which the court is 1646
located.1647

       (5) Every police officer of any municipal corporation and 1648
police constable of a township within the territory of the court 1649
is ex officio a deputy bailiff of the court in and for the 1650
municipal corporation or township in which commissioned as a 1651
police officer or police constable, and shall perform any duties 1652
in respect to cases within the officerofficer's or constable's 1653
jurisdiction that are required by a judge of the court, or by the 1654
clerk or a bailiff or deputy bailiff of the court, without 1655
additional compensation.1656

       (6) In Putnam county, in addition to the persons who are ex 1657
officio deputy bailiffs under division (A)(5) of this section, 1658
every deputy sheriff of Putnam county is ex officio a deputy 1659
bailiff of the Putnam county municipal court and shall perform 1660
without additional compensation any duties in respect to cases 1661
within the deputy sheriff's jurisdiction that are required by a 1662
judge of the court, by the clerk of the court, or by a bailiff or 1663
deputy bailiff of the court.1664

       (7) The bailiff and deputy bailiffs shall perform for the 1665
court services similar to those performed by the sheriff for the 1666
court of common pleas and shall perform any other duties that are 1667
requested by rule of court.1668

       The bailiff or deputy bailiff may administer oaths to 1669
witnesses and jurors and receive verdicts in the same manner and 1670
form and to the same extent as the clerk or deputy clerks of the 1671
court. The bailiff may approve all undertakings and bonds given in 1672
actions of replevin and all redelivery bonds in attachments.1673

       (B) In the Cleveland municipal court, the chief clerks and 1674
all deputy clerks are in the classified civil service of the city 1675
of Cleveland. The clerk, the chief deputy clerks, the probation 1676
officers, one private secretary, one personal stenographer to the 1677
clerk, and one personal bailiff to each judge are in the 1678
unclassified civil service of the city of Cleveland. Upon demand 1679
of the clerk, the civil service commission of the city of 1680
Cleveland shall certify a list of those eligible for the position 1681
of deputy clerk. From the list, the clerk shall designate chief 1682
clerks and the number of deputy clerks that the legislative 1683
authority determines are necessary.1684

       Except as otherwise provided in this division, the bailiff, 1685
chief deputy bailiffs, and all deputy bailiffs of the Cleveland 1686
municipal court appointed after January 1, 1968, and the chief 1687
housing specialist, housing specialists, and housing division 1688
referees of the housing division of the Cleveland municipal court 1689
appointed under section 1901.331 of the Revised Code are in the 1690
unclassified civil service of the city of Cleveland. All deputy 1691
bailiffs of the housing division of the Cleveland municipal court 1692
appointed pursuant to that section are in the classified civil 1693
service of the city of Cleveland. Upon the demand of the judge of 1694
the housing division of the Cleveland municipal court, the civil 1695
service commission of the city of Cleveland shall certify a list 1696
of those eligible for the position of deputy bailiff of the 1697
housing division. From the list, the judge of the housing division 1698
shall designate the number of deputy bailiffs that the judge 1699
determines are necessary.1700

       The chief deputy clerks, the chief clerks, and all other 1701
deputy clerks of the Cleveland municipal court shall receive the 1702
compensation that the clerk prescribes. Except as provided in 1703
division (A)(4)(a) of section 1901.331 of the Revised Code with 1704
respect to officers and employees of the housing division of the 1705
Cleveland municipal court, the bailiff, all deputy bailiffs, and 1706
assignment room personnel of the Cleveland municipal court shall 1707
receive the compensation that the court prescribes.1708

       Any appointee under sections 1901.01 to 1901.37 of the 1709
Revised Code may be dismissed or discharged by the same power that 1710
appointed the appointee. In the case of the removal of any civil 1711
service appointee under those sections, an appeal may be taken 1712
from the decision of the civil service commission to the court of 1713
common pleas of Cuyahoga county to determine the sufficiency of 1714
the cause of removal. The appeal shall be taken within ten days of 1715
the finding of the commission.1716

       In the Cleveland municipal court, the presiding judge may 1717
appoint on a full-time, per diem, or contractual basis any 1718
official court reporters for the civil branch of the court that 1719
the business of the court requires. The compensation of official 1720
court reporters shall be determined by the presiding judge of the 1721
court. The compensation shall be payable from the city treasury 1722
and from the treasury of Cuyahoga county in the same proportion as 1723
designated in section 1901.11 of the Revised Code for the payment 1724
of compensation of municipal judges. In every trial in which the 1725
services of a court reporter so appointed are requested by the 1726
judge, any party, or the attorney for any party, there shall be 1727
taxed for each day's services of the court reporter a fee in the 1728
same amount as may be taxed for similar services in the court of 1729
common pleas under section 2301.21 of the Revised Code, to be 1730
collected as other costs in the case. The fees so collected shall 1731
be paid quarterly by the clerk into the city treasury and the 1732
treasury of Cuyahoga county in the same proportion as the 1733
compensation for the court reporters is paid from the city and 1734
county treasuries and shall be credited to the general funds of 1735
the city and county treasuries.1736

       (C) In the Hamilton county municipal court, all employees, 1737
including the bailiff, deputy bailiff, and courtroom bailiffs, are 1738
in the unclassified civil service.1739

       Sec. 1901.34.  (A) Except as provided in divisions (B) and 1740
(D) of this section, the village solicitor, city director of law, 1741
or similar chief legal officer for each municipal corporation 1742
within the territory of a municipal court shall prosecute all 1743
cases brought before the municipal court for criminal offenses 1744
occurring within the municipal corporation for which that person 1745
is the solicitor, director of law, or similar chief legal officer. 1746
Except as provided in division (B) of this section, the village 1747
solicitor, city director of law, or similar chief legal officer of 1748
the municipal corporation in which a municipal court is located 1749
shall prosecute all criminal cases brought before the court 1750
arising in the unincorporated areas within the territory of the 1751
municipal court.1752

       (B) The Auglaize county, Brown county, Clermont county, 1753
Hocking county, Holmes county, Jackson county, Morrow county, 1754
Ottawa county, and Portage county, and Putnam county prosecuting 1755
attorneys shall prosecute in municipal court all violations of 1756
state law arising in their respective counties. The Carroll 1757
county, Crawford county, Hamilton county, Madison county, and 1758
Wayne county prosecuting attorneys and beginning January 1, 2008, 1759
the Erie county prosecuting attorney shall prosecute all 1760
violations of state law arising within the unincorporated areas of 1761
their respective counties. The Columbiana county prosecuting 1762
attorney shall prosecute in the Columbiana county municipal court 1763
all violations of state law arising in the county, except for 1764
violations arising in the municipal corporation of East Liverpool, 1765
Liverpool township, or St. Clair township. The Darke county 1766
prosecuting attorney shall prosecute in the Darke county municipal 1767
court all violations of state law arising in the county, except 1768
for violations of state law arising in the municipal corporation 1769
of Greenville and violations of state law arising in the village 1770
of Versailles. The Greene county board of county commissioners may 1771
provide for the prosecution of all violations of state law arising 1772
within the territorial jurisdiction of any municipal court located 1773
in Greene county.1774

       The prosecuting attorney of any county given the duty of 1775
prosecuting in municipal court violations of state law shall 1776
receive no additional compensation for assuming these additional 1777
duties, except that the prosecuting attorney of Hamilton, Portage, 1778
and Wayne counties shall receive compensation at the rate of four 1779
thousand eight hundred dollars per year, and the prosecuting 1780
attorney of Auglaize county shall receive compensation at the rate 1781
of one thousand eight hundred dollars per year, each payable from 1782
the county treasury of the respective counties in semimonthly 1783
installments.1784

       (C) The village solicitor, city director of law, or similar 1785
chief legal officer shall perform the same duties, insofar as they 1786
are applicable to the village solicitor, city director of law, or 1787
similar chief legal officer, as are required of the prosecuting 1788
attorney of the county. The village solicitor, city director of 1789
law, similar chief legal officer or any assistants who may be 1790
appointed shall receive for such services additional compensation 1791
to be paid from the treasury of the county as the board of county 1792
commissioners prescribes.1793

       (D) The prosecuting attorney of any county, other than 1794
Auglaize, Brown, Clermont, Hocking, Holmes, Jackson, Morrow, 1795
Ottawa, or Portage, or Putnam county, may enter into an agreement 1796
with any municipal corporation in the county in which the 1797
prosecuting attorney serves pursuant to which the prosecuting 1798
attorney prosecutes all criminal cases brought before the 1799
municipal court that has territorial jurisdiction over that 1800
municipal corporation for criminal offenses occurring within the 1801
municipal corporation. The prosecuting attorney of Auglaize, 1802
Brown, Clermont, Hocking, Holmes, Jackson, Morrow, Ottawa, or1803
Portage, or Putnam county may enter into an agreement with any 1804
municipal corporation in the county in which the prosecuting 1805
attorney serves pursuant to which the respective prosecuting 1806
attorney prosecutes all cases brought before the Auglaize county, 1807
Brown county, Clermont county, Hocking county, Holmes county, 1808
Jackson county, Morrow county, Ottawa county, or Portage county, 1809
or Putnam county municipal court for violations of the ordinances 1810
of the municipal corporation or for criminal offenses other than 1811
violations of state law occurring within the municipal 1812
corporation. For prosecuting these cases, the prosecuting attorney 1813
and the municipal corporation may agree upon a fee to be paid by 1814
the municipal corporation, which fee shall be paid into the county 1815
treasury, to be used to cover expenses of the office of the 1816
prosecuting attorney.1817

       Sec. 1907.11.  (A) Each county court district shall have the 1818
following county court judges, to be elected as follows:1819

       In the Adams county county court, one part-time judge shall 1820
be elected in 1982.1821

       In the Ashtabula county county court, one part-time judge 1822
shall be elected in 1980, and one part-time judge shall be elected 1823
in 1982.1824

       In the Belmont county county court, one part-time judge shall 1825
be elected in 1992, term to commence on January 1, 1993, and two 1826
part-time judges shall be elected in 1994, terms to commence on 1827
January 1, 1995, and January 2, 1995, respectively.1828

       In the Butler county county court, one part-time judge shall 1829
be elected in 1992, term to commence on January 1, 1993, and two 1830
part-time judges shall be elected in 1994, terms to commence on 1831
January 1, 1995, and January 2, 1995, respectively.1832

        Until December 31, 2007, in the Erie county county court, one 1833
part-time judge shall be elected in 1982. Effective January 1, 1834
2008, the Erie county county court shall cease to exist.1835

       In the Fulton county county court, one part-time judge shall 1836
be elected in 1980, and one part-time judge shall be elected in 1837
1982.1838

       In the Harrison county county court, one part-time judge 1839
shall be elected in 1982.1840

       In the Highland county county court, one part-time judge 1841
shall be elected in 1982.1842

       In the Jefferson county county court, one part-time judge 1843
shall be elected in 1992, term to commence on January 1, 1993, and 1844
two part-time judges shall be elected in 1994, terms to commence 1845
on January 1, 1995, and January 2, 1995, respectively.1846

       In the Mahoning county county court, one part-time judge 1847
shall be elected in 1992, term to commence on January 1, 1993, and 1848
three part-time judges shall be elected in 1994, terms to commence 1849
on January 1, 1995, January 2, 1995, and January 3, 1995, 1850
respectively.1851

       In the Meigs county county court, one part-time judge shall 1852
be elected in 1982.1853

       In the Monroe county county court, one part-time judge shall 1854
be elected in 1982.1855

       In the Montgomery county county court, three part-time judges 1856
shall be elected in 1998, terms to commence on January 1, 1999, 1857
January 2, 1999, and January 3, 1999, respectively, and two 1858
part-time judges shall be elected in 1994, terms to commence on 1859
January 1, 1995, and January 2, 1995, respectively.1860

       In the Morgan county county court, one part-time judge shall 1861
be elected in 1982.1862

       In the Muskingum county county court, one part-time judge 1863
shall be elected in 1980, and one part-time judge shall be elected 1864
in 1982.1865

       In the Noble county county court, one part-time judge shall 1866
be elected in 1982.1867

       In the Paulding county county court, one part-time judge 1868
shall be elected in 1982.1869

       In the Perry county county court, one part-time judge shall 1870
be elected in 1982.1871

       In the Pike county county court, one part-time judge shall be 1872
elected in 1982.1873

       In the Putnam county county court, one part-time judge shall 1874
be elected in 1980, and one part-time judge shall be elected in 1875
1982.1876

       In the Sandusky county county court, two part-time judges 1877
shall be elected in 1994, terms to commence on January 1, 1995, 1878
and January 2, 1995, respectively.1879

       In the Trumbull county county court, one part-time judge 1880
shall be elected in 1992, and one part-time judge shall be elected 1881
in 1994.1882

       In the Tuscarawas county county court, one part-time judge 1883
shall be elected in 1982.1884

       In the Vinton county county court, one part-time judge shall 1885
be elected in 1982.1886

       In the Warren county county court, one part-time judge shall 1887
be elected in 1980, and one part-time judge shall be elected in 1888
1982.1889

       (B)(1) Additional judges shall be elected at the next regular 1890
election for a county court judge as provided in section 1907.13 1891
of the Revised Code.1892

       (2) Vacancies caused by the death or the resignation from, 1893
forfeiture of, or removal from office of a judge shall be filled 1894
in accordance with section 107.08 of the Revised Code, except as 1895
provided in section 1907.15 of the Revised Code.1896

       Sec. 2743.48.  (A) As used in this section and section 1897
2743.49 of the Revised Code, a "wrongfully imprisoned individual" 1898
means an individual who satisfies each of the following:1899

       (1) The individual was charged with a violation of a section 1900
of the Revised Code by an indictment or information prior to, or 1901
on or after, September 24, 1986, and the violation charged was an 1902
aggravated felony or felony.1903

       (2) The individual was found guilty of, but did not plead 1904
guilty to, the particular charge or a lesser-included offense by 1905
the court or jury involved, and the offense of which the 1906
individual was found guilty was an aggravated felony or felony.1907

       (3) The individual was sentenced to an indefinite or definite 1908
term of imprisonment in a state correctional institution for the 1909
offense of which the individual was found guilty.1910

       (4) The individual's conviction was vacated or was dismissed, 1911
or reversed on appeal, the prosecuting attorney in the case cannot 1912
or will not seek any further appeal of right or upon leave of 1913
court, and no criminal proceeding is pending, can be brought, or 1914
will be brought by any prosecuting attorney, city director of law, 1915
village solicitor, or other chief legal officer of a municipal 1916
corporation against the individual for any act associated with 1917
that conviction.1918

       (5) Subsequent to sentencing and during or subsequent to 1919
imprisonment, an error in procedure resulted in the individual's 1920
release, or it was determined by a court of common pleas that the 1921
offense of which the individual was found guilty, including all 1922
lesser-included offenses, either was not committed by the 1923
individual or was not committed by any person.1924

       (B)(1) When a court of common pleas determines, on or after 1925
September 24, 1986, that a person is a wrongfully imprisoned 1926
individual, the court shall provide the person with a copy of this 1927
section and orally inform the person and the person's attorney of 1928
the person's rights under this section to commence a civil action 1929
against the state in the court of claims because of the person's 1930
wrongful imprisonment and to be represented in that civil action 1931
by counsel of the person's own choice.1932

       (2) The court described in division (B)(1) of this section 1933
shall notify the clerk of the court of claims, in writing and 1934
within seven days after the date of the entry of its determination 1935
that the person is a wrongfully imprisoned individual, of the name 1936
and proposed mailing address of the person and of the fact that 1937
the person has the rights to commence a civil action and to have 1938
legal representation as provided in this section. The clerk of the 1939
court of claims shall maintain in the clerk's office a list of 1940
wrongfully imprisoned individuals for whom notices are received 1941
under this section and shall create files in the clerk's office 1942
for each such individual.1943

       (3) Within sixty days after the date of the entry of a court 1944
of common plea's determination that a person is a wrongfully 1945
imprisoned individual, the clerk of the court of claims shall 1946
forward a preliminary judgment to the president of the controlling 1947
board requesting the payment of fifty per cent of the amount 1948
described in division (E)(2)(b) of this section to the wrongfully 1949
imprisoned individual. The board shall take all actions necessary 1950
to cause the payment of that amount out of the emergency purposes 1951
special purpose account of the board.1952

       (C)(1) In a civil action under this section, a wrongfully 1953
imprisoned individual has the right to have counsel of the 1954
individual's own choice.1955

       (2) If a wrongfully imprisoned individual who is the subject 1956
of a court determination as described in division (B)(1) of this 1957
section does not commence a civil action under this section within 1958
six months after the entry of that determination, the clerk of the 1959
court of claims shall send a letter to the wrongfully imprisoned 1960
individual, at the address set forth in the notice received from 1961
the court of common pleas pursuant to division (B)(2) of this 1962
section or to any later address provided by the wrongfully 1963
imprisoned individual, that reminds the wrongfully imprisoned 1964
individual of the wrongfully imprisoned individual's rights under 1965
this section. Until the statute of limitations provided in 1966
division (H) of this section expires and unless the wrongfully 1967
imprisoned individual commences a civil action under this section, 1968
the clerk of the court of claims shall send a similar letter in a 1969
similar manner to the wrongfully imprisoned individual at least 1970
once each three months after the sending of the first reminder.1971

       (D) Notwithstanding any provisions of this chapter to the 1972
contrary, a wrongfully imprisoned individual has and may file a 1973
civil action against the state, in the court of claims, to recover 1974
a sum of money as described in this section, because of the 1975
individual's wrongful imprisonment. The court of claims shall have 1976
exclusive, original jurisdiction over such a civil action. The 1977
civil action shall proceed, be heard, and be determined as 1978
provided in sections 2743.01 to 2743.20 of the Revised Code, 1979
except that if a provision of this section conflicts with a 1980
provision in any of those sections, the provision in this section 1981
controls.1982

       (E)(1) In a civil action as described in division (D) of this 1983
section, the complainant may establish that the claimant is a 1984
wrongfully imprisoned individual by submitting to the court of 1985
claims a certified copy of the judgment entry of the court of 1986
common pleas associated with the claimant's conviction and 1987
sentencing, and a certified copy of the entry of the determination 1988
of a court of common pleas that the claimant is a wrongfully 1989
imprisoned individual. No other evidence shall be required of the 1990
complainant to establish that the claimant is a wrongfully 1991
imprisoned individual, and the claimant shall be irrebuttably 1992
presumed to be a wrongfully imprisoned individual.1993

       (2) In a civil action as described in division (D) of this 1994
section, upon presentation of requisite proof to the court, a 1995
wrongfully imprisoned individual is entitled to receive a sum of 1996
money that equals the total of each of the following amounts:1997

       (a) The amount of any fine or court costs imposed and paid, 1998
and the reasonable attorney's fees and other expenses incurred by 1999
the wrongfully imprisoned individual in connection with all 2000
associated criminal proceedings and appeals, and, if applicable, 2001
in connection with obtaining the wrongfully imprisoned 2002
individual's discharge from confinement in the state correctional 2003
institution;2004

       (b) For each full year of imprisonment in the state 2005
correctional institution for the offense of which the wrongfully 2006
imprisoned individual was found guilty, forty thousand three 2007
hundred thirty dollars or the adjusted amount determined by the 2008
auditor of state pursuant to section 2743.49 of the Revised Code, 2009
and for each part of a year of being so imprisoned, a pro-rated 2010
share of forty thousand three hundred thirty dollars or the 2011
adjusted amount determined by the auditor of state pursuant to 2012
section 2743.49 of the Revised Code;2013

       (c) Any loss of wages, salary, or other earned income that 2014
directly resulted from the wrongfully imprisoned individual's 2015
arrest, prosecution, conviction, and wrongful imprisonment;2016

       (d) The amount of the following cost debts the department of 2017
rehabilitation and correction recovered from the wrongfully 2018
imprisoned individual who was in custody of the department or 2019
under the department's supervision:2020

       (i) Any user fee or copayment for services at a detention 2021
facility, including, but not limited to, a fee or copayment for 2022
sick call visits;2023

       (ii) The cost of housing and feeding the wrongfully 2024
imprisoned individual in a detention facility;2025

       (iii) The cost of supervision of the wrongfully imprisoned 2026
individual;2027

       (iv) The cost of any ancillary services provided to the 2028
wrongfully imprisoned individual.2029

       (F)(1) If the court of claims determines in a civil action as 2030
described in division (D) of this section that the complainant is 2031
a wrongfully imprisoned individual, it shall enter judgment for 2032
the wrongfully imprisoned individual in the amount of the sum of 2033
money to which the wrongfully imprisoned individual is entitled 2034
under division (E)(2) of this section. In determining that sum, 2035
the court of claims shall not take into consideration any expenses 2036
incurred by the state or any of its political subdivisions in 2037
connection with the arrest, prosecution, and imprisonment of the 2038
wrongfully imprisoned individual, including, but not limited to, 2039
expenses for food, clothing, shelter, and medical services. The 2040
court shall reduce that sum by the amount of the payment to the 2041
wrongfully imprisoned individual described in division (B)(3) of 2042
this section.2043

       (2) If the wrongfully imprisoned individual was represented 2044
in the civil action under this section by counsel of the 2045
wrongfully imprisoned individual's own choice, the court of claims 2046
shall include in the judgment entry referred to in division (F)(1) 2047
of this section an award for the reasonable attorney's fees of 2048
that counsel. These fees shall be paid as provided in division (G) 2049
of this section.2050

       (3) The state consents to be sued by a wrongfully imprisoned 2051
individual because the imprisonment was wrongful, and to liability 2052
on its part because of that fact, only as provided in this 2053
section. However, this section does not affect any liability of 2054
the state or of its employees to a wrongfully imprisoned 2055
individual on a claim for relief that is not based on the fact of 2056
the wrongful imprisonment, including, but not limited to, a claim 2057
for relief that arises out of circumstances occurring during the 2058
wrongfully imprisoned individual's confinement in the state 2059
correctional institution.2060

       (G) The clerk of the court of claims shall forward a 2061
certified copy of a judgment under division (F) of this section to 2062
the president of the controlling board. The board shall take all 2063
actions necessary to cause the payment of the judgment out of the 2064
emergency purposes special purpose account of the board.2065

       (H) To be eligible to recover a sum of money as described in 2066
this section because of wrongful imprisonment, a wrongfully 2067
imprisoned individual shall not have been, prior to September 24, 2068
1986, the subject of an act of the general assembly that 2069
authorized an award of compensation for the wrongful imprisonment 2070
or have been the subject of an action before the former sundry 2071
claims board that resulted in an award of compensation for the 2072
wrongful imprisonment. Additionally, to be eligible to so recover, 2073
the wrongfully imprisoned individual shall commence a civil action 2074
under this section in the court of claims no later than two years 2075
after the date of the entry of the determination of a court of 2076
common pleas that the individual is a wrongfully imprisoned 2077
individual.2078

       Sec. 2929.15.  (A)(1) If in sentencing an offender for a 2079
felony the court is not required to impose a prison term, a 2080
mandatory prison term, or a term of life imprisonment upon the 2081
offender, the court may directly impose a sentence that consists 2082
of one or more community control sanctions authorized pursuant to 2083
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the 2084
court is sentencing an offender for a fourth degree felony OVI 2085
offense under division (G)(1) of section 2929.13 of the Revised 2086
Code, in addition to the mandatory term of local incarceration 2087
imposed under that division and the mandatory fine required by 2088
division (B)(3) of section 2929.18 of the Revised Code, the court 2089
may impose upon the offender a community control sanction or 2090
combination of community control sanctions in accordance with 2091
sections 2929.16 and 2929.17 of the Revised Code. If the court is 2092
sentencing an offender for a third or fourth degree felony OVI 2093
offense under division (G)(2) of section 2929.13 of the Revised 2094
Code, in addition to the mandatory prison term or mandatory prison 2095
term and additional prison term imposed under that division, the 2096
court also may impose upon the offender a community control 2097
sanction or combination of community control sanctions under 2098
section 2929.16 or 2929.17 of the Revised Code, but the offender 2099
shall serve all of the prison terms so imposed prior to serving 2100
the community control sanction.2101

        The duration of all community control sanctions imposed upon 2102
an offender under this division shall not exceed five years. If 2103
the offender absconds or otherwise leaves the jurisdiction of the 2104
court in which the offender resides without obtaining permission 2105
from the court or the offender's probation officer to leave the 2106
jurisdiction of the court, or if the offender is confined in any 2107
institution for the commission of any offense while under a 2108
community control sanction, the period of the community control 2109
sanction ceases to run until the offender is brought before the 2110
court for its further action. If the court sentences the offender 2111
to one or more nonresidential sanctions under section 2929.17 of 2112
the Revised Code, the court shall impose as a condition of the 2113
nonresidential sanctions that, during the period of the sanctions, 2114
the offender must abide by the law and must not leave the state 2115
without the permission of the court or the offender's probation 2116
officer. The court may impose any other conditions of release 2117
under a community control sanction that the court considers 2118
appropriate, including, but not limited to, requiring that the 2119
offender not ingest or be injected with a drug of abuse and submit 2120
to random drug testing as provided in division (D) of this section 2121
to determine whether the offender ingested or was injected with a 2122
drug of abuse and requiring that the results of the drug test 2123
indicate that the offender did not ingest or was not injected with 2124
a drug of abuse.2125

       (2)(a) If a court sentences an offender to any community 2126
control sanction or combination of community control sanctions 2127
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the 2128
Revised Code, the court shall place the offender under the general 2129
control and supervision of a department of probation in the county 2130
that serves the court for purposes of reporting to the court a 2131
violation of any condition of the sanctions, any condition of 2132
release under a community control sanction imposed by the court, a 2133
violation of law, or the departure of the offender from this state 2134
without the permission of the court or the offender's probation 2135
officer. Alternatively, if the offender resides in another county 2136
and a county department of probation has been established in that 2137
county or that county is served by a multicounty probation 2138
department established under section 2301.27 of the Revised Code, 2139
the court may request the court of common pleas of that county to 2140
receive the offender into the general control and supervision of 2141
that county or multicounty department of probation for purposes of 2142
reporting to the court a violation of any condition of the 2143
sanctions, any condition of release under a community control 2144
sanction imposed by the court, a violation of law, or the 2145
departure of the offender from this state without the permission 2146
of the court or the offender's probation officer, subject to the 2147
jurisdiction of the trial judge over and with respect to the 2148
person of the offender, and to the rules governing that department 2149
of probation.2150

       If there is no department of probation in the county that 2151
serves the court, the court shall place the offender, regardless 2152
of the offender's county of residence, under the general control 2153
and supervision of the adult parole authority for purposes of 2154
reporting to the court a violation of any of the sanctions, any 2155
condition of release under a community control sanction imposed by 2156
the court, a violation of law, or the departure of the offender 2157
from this state without the permission of the court or the 2158
offender's probation officer.2159

       (b) If the court imposing sentence upon an offender sentences 2160
the offender to any community control sanction or combination of 2161
community control sanctions authorized pursuant to section 2162
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the 2163
offender violates any condition of the sanctions, any condition of 2164
release under a community control sanction imposed by the court, 2165
violates any law, or departs the state without the permission of 2166
the court or the offender's probation officer, the public or 2167
private person or entity that operates or administers the sanction 2168
or the program or activity that comprises the sanction shall 2169
report the violation or departure directly to the sentencing 2170
court, or shall report the violation or departure to the county or 2171
multicounty department of probation with general control and 2172
supervision over the offender under division (A)(2)(a) of this 2173
section or the officer of that department who supervises the 2174
offender, or, if there is no such department with general control 2175
and supervision over the offender under that division, to the 2176
adult parole authority. If the public or private person or entity 2177
that operates or administers the sanction or the program or 2178
activity that comprises the sanction reports the violation or 2179
departure to the county or multicounty department of probation or 2180
the adult parole authority, the department's or authority's 2181
officers may treat the offender as if the offender were on 2182
probation and in violation of the probation, and shall report the 2183
violation of the condition of the sanction, any condition of 2184
release under a community control sanction imposed by the court, 2185
the violation of law, or the departure from the state without the 2186
required permission to the sentencing court.2187

       (3) If an offender who is eligible for community control 2188
sanctions under this section admits to being drug addicted or the 2189
court has reason to believe that the offender is drug addicted, 2190
and if the offense for which the offender is being sentenced was 2191
related to the addiction, the court may require that the offender 2192
be assessed by a properly credentialed professional within a 2193
specified period of time and shall require the professional to 2194
file a written assessment of the offender with the court. If a 2195
court imposes treatment and recovery support services as a 2196
community control sanction, the court shall direct the level and 2197
type of treatment and recovery support services after 2198
consideration of the written assessment, if available at the time 2199
of sentencing, and recommendations of the professional and other 2200
treatment and recovery support services providers.2201

        (4) If an assessment completed pursuant to division (A)(3) of 2202
this section indicates that the offender is addicted to drugs or 2203
alcohol, the court may include in any community control sanction 2204
imposed for a violation of section 2925.02, 2925.03, 2925.04, 2205
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2206
2925.37 of the Revised Code a requirement that the offender 2207
participate in a treatment and recovery support services program 2208
certified under section 3793.06 of the Revised Code or offered by 2209
another properly credentialed program provider.2210

       (B)(1) If the conditions of a community control sanction are 2211
violated or if the offender violates a law or leaves the state 2212
without the permission of the court or the offender's probation 2213
officer, the sentencing court may impose aupon the violator one 2214
or more of the following penalties:2215

       (a) A longer time under the same sanction if the total time 2216
under the sanctions does not exceed the five-year limit specified 2217
in division (A) of this section, may impose a;2218

       (b) A more restrictive sanction under section 2929.16, 2219
2929.17, or 2929.18 of the Revised Code, or may impose a;2220

       (c) A prison term on the offender pursuant to section 2929.14 2221
of the Revised Code. The2222

       (2) The prison term, if any, imposed upon a violator pursuant 2223
to this division shall be within the range of prison terms 2224
available for the offense for which the sanction that was violated 2225
was imposed and shall not exceed the prison term specified in the 2226
notice provided to the offender at the sentencing hearing pursuant 2227
to division (B)(3) of section 2929.19 of the Revised Code. The 2228
court may reduce the longer period of time that the offender is 2229
required to spend under the longer sanction, the more restrictive 2230
sanction, or a prison term imposed pursuant to this division by 2231
the time the offender successfully spent under the sanction that 2232
was initially imposed.2233

       (C) If an offender, for a significant period of time, 2234
fulfills the conditions of a sanction imposed pursuant to section 2235
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary 2236
manner, the court may reduce the period of time under the sanction 2237
or impose a less restrictive sanction, but the court shall not 2238
permit the offender to violate any law or permit the offender to 2239
leave the state without the permission of the court or the 2240
offender's probation officer.2241

       (D)(1) If a court under division (A)(1) of this section 2242
imposes a condition of release under a community control sanction 2243
that requires the offender to submit to random drug testing, the 2244
department of probation or the adult parole authority that has 2245
general control and supervision of the offender under division 2246
(A)(2)(a) of this section may cause the offender to submit to 2247
random drug testing performed by a laboratory or entity that has 2248
entered into a contract with any of the governmental entities or 2249
officers authorized to enter into a contract with that laboratory 2250
or entity under section 341.26, 753.33, or 5120.63 of the Revised 2251
Code.2252

       (2) If no laboratory or entity described in division (D)(1) 2253
of this section has entered into a contract as specified in that 2254
division, the department of probation or the adult parole 2255
authority that has general control and supervision of the offender 2256
under division (A)(2)(a) of this section shall cause the offender 2257
to submit to random drug testing performed by a reputable public 2258
laboratory to determine whether the individual who is the subject 2259
of the drug test ingested or was injected with a drug of abuse.2260

       (3) A laboratory or entity that has entered into a contract 2261
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code 2262
shall perform the random drug tests under division (D)(1) of this 2263
section in accordance with the applicable standards that are 2264
included in the terms of that contract. A public laboratory shall 2265
perform the random drug tests under division (D)(2) of this 2266
section in accordance with the standards set forth in the policies 2267
and procedures established by the department of rehabilitation and 2268
correction pursuant to section 5120.63 of the Revised Code. An 2269
offender who is required under division (A)(1) of this section to 2270
submit to random drug testing as a condition of release under a 2271
community control sanction and whose test results indicate that 2272
the offender ingested or was injected with a drug of abuse shall 2273
pay the fee for the drug test if the department of probation or 2274
the adult parole authority that has general control and 2275
supervision of the offender requires payment of a fee. A 2276
laboratory or entity that performs the random drug testing on an 2277
offender under division (D)(1) or (2) of this section shall 2278
transmit the results of the drug test to the appropriate 2279
department of probation or the adult parole authority that has 2280
general control and supervision of the offender under division 2281
(A)(2)(a) of this section.2282

       Sec. 2929.24.  (A) Except as provided in section 2929.22 or 2283
2929.23 of the Revised Code or division (E) or (F) of this section 2284
and unless another term is required or authorized pursuant to law, 2285
if the sentencing court imposing a sentence upon an offender for a 2286
misdemeanor elects or is required to impose a jail term on the 2287
offender pursuant to this chapter, the court shall impose a 2288
definite jail term that shall be one of the following:2289

       (1) For a misdemeanor of the first degree, not more than one 2290
hundred eighty days;2291

       (2) For a misdemeanor of the second degree, not more than 2292
ninety days;2293

       (3) For a misdemeanor of the third degree, not more than 2294
sixty days;2295

       (4) For a misdemeanor of the fourth degree, not more than 2296
thirty days.2297

       (B)(1) A court that sentences an offender to a jail term 2298
under this section may permit the offender to serve the sentence 2299
in intermittent confinement or may authorize a limited release of 2300
the offender as provided in division (B) of section 2929.26 of the 2301
Revised Code. The court retains jurisdiction over every offender 2302
sentenced to jail to modify the jail sentence imposed at any time, 2303
but the court shall not reduce any mandatory jail term.2304

       (2)(a) If a prosecutor, as defined in section 2935.01 of the 2305
Revised Code, has filed a notice with the court that the 2306
prosecutor wants to be notified about a particular case and if the 2307
court is considering modifying the jail sentence of the offender 2308
in that case, the court shall notify the prosecutor that the court 2309
is considering modifying the jail sentence of the offender in that 2310
case. The prosecutor may request a hearing regarding the court's 2311
consideration of modifying the jail sentence of the offender in 2312
that case, and, if the prosecutor requests a hearing, the court 2313
shall notify the eligible offender of the hearing.2314

        (b) If the prosecutor requests a hearing regarding the 2315
court's consideration of modifying the jail sentence of the 2316
offender in that case, the court shall hold the hearing before 2317
considering whether or not to release the offender from the 2318
offender's jail sentence.2319

       (C) If a court sentences an offender to a jail term under 2320
this section and the court assigns the offender to a county jail 2321
that has established a county jail industry program pursuant to 2322
section 5147.30 of the Revised Code, the court shall specify, as 2323
part of the sentence, whether the offender may be considered for 2324
participation in the program. During the offender's term in the 2325
county jail, the court retains jurisdiction to modify its 2326
specification regarding the offender's participation in the county 2327
jail industry program.2328

       (D) If a person is sentenced to a jail term pursuant to this 2329
section, the court may impose as part of the sentence pursuant to 2330
section 2929.28 of the Revised Code a reimbursement sanction, and, 2331
if the local detention facility in which the term is to be served 2332
is covered by a policy adopted pursuant to section 307.93, 341.14, 2333
341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or 2334
2947.19 of the Revised Code and section 2929.37 of the Revised 2335
Code, both of the following apply:2336

       (1) The court shall specify both of the following as part of 2337
the sentence:2338

       (a) If the person is presented with an itemized bill pursuant 2339
to section 2929.37 of the Revised Code for payment of the costs of 2340
confinement, the person is required to pay the bill in accordance 2341
with that section.2342

       (b) If the person does not dispute the bill described in 2343
division (D)(1)(a) of this section and does not pay the bill by 2344
the times specified in section 2929.37 of the Revised Code, the 2345
clerk of the court may issue a certificate of judgment against the 2346
person as described in that section.2347

       (2) The sentence automatically includes any certificate of 2348
judgment issued as described in division (D)(1)(b) of this 2349
section.2350

       (E) If an offender who is convicted of or pleads guilty to a 2351
violation of division (B) of section 4511.19 of the Revised Code 2352
also is convicted of or also pleads guilty to a specification of 2353
the type described in section 2941.1416 of the Revised Code and if 2354
the court imposes a jail term on the offender for the underlying 2355
offense, the court shall impose upon the offender an additional 2356
definite jail term of not more than six months. The additional 2357
jail term shall not be reduced pursuant to any provision of the 2358
Revised Code. The offender shall serve the additional jail term 2359
consecutively to and prior to the jail term imposed for the 2360
underlying offense and consecutively to any other mandatory term 2361
imposed in relation to the offense.2362

       (F)(1) If an offender is convicted of or pleads guilty to a 2363
misdemeanor violation of section 2907.23, 2907.24, 2907.241, or 2364
2907.25 of the Revised Code and to a specification of the type 2365
described in section 2941.1421 of the Revised Code and if the 2366
court imposes a jail term on the offender for the misdemeanor 2367
violation, the court may impose upon the offender an additional 2368
definite jail term as follows:2369

       (a) Subject to division (F)(1)(b) of this section, an 2370
additional definite jail term of not more than sixty days;2371

       (b) If the offender previously has been convicted of or 2372
pleaded guilty to one or more misdemeanor or felony violations of 2373
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the 2374
Revised Code and also was convicted of or pleaded guilty to a 2375
specification of the type described in section 2941.1421 of the 2376
Revised Code regarding one or more of those violations, an 2377
additional definite jail term of not more than one hundred twenty 2378
days.2379

        (2) In lieu of imposing an additional definite jail term 2380
under division (F)(1) of this section, the court may directly 2381
impose on the offender a sanction that requires the offender to 2382
wear a real-time processing, continual tracking electronic 2383
monitoring device during the period of time specified by the 2384
court. The period of time specified by the court shall equal the 2385
duration of an additional jail term that the court could have 2386
imposed upon the offender under division (F)(1) of this section. A 2387
sanction imposed under this division shall commence on the date 2388
specified by the court, provided that the sanction shall not 2389
commence until after the offender has served the jail term imposed 2390
for the misdemeanor violation of section 2907.23, 2907.24, 2391
2907.241, or 2907.25 of the Revised Code and any residential 2392
sanction imposed for the violation under section 2929.26 of the 2393
Revised Code. A sanction imposed under this division shall be 2394
considered to be a community control sanction for purposes of 2395
section 2929.25 of the Revised Code, and all provisions of the 2396
Revised Code that pertain to community control sanctions shall 2397
apply to a sanction imposed under this division, except to the 2398
extent that they would by their nature be clearly inapplicable. 2399
The offender shall pay all costs associated with a sanction 2400
imposed under this division, including the cost of the use of the 2401
monitoring device.2402

       (G) If an offender is convicted of or pleads guilty to a 2403
misdemeanor violation of section 2903.13 of the Revised Code and 2404
also is convicted of or pleads guilty to a specification of the 2405
type described in section 2941.1423 of the Revised Code that 2406
charges that the victim of the violation was a woman whom the 2407
offender knew was pregnant at the time of the violation, the court 2408
shall impose on the offender a mandatory jail term that is a 2409
definite term of at least thirty days.2410

       Sec. 2929.25.  (A)(1) Except as provided in sections 2929.22 2411
and 2929.23 of the Revised Code or when a jail term is required by 2412
law, in sentencing an offender for a misdemeanor, other than a 2413
minor misdemeanor, the sentencing court may do either of the 2414
following:2415

       (a) Directly impose a sentence that consists of one or more 2416
community control sanctions authorized by section 2929.26, 2417
2929.27, or 2929.28 of the Revised Code. The court may impose any 2418
other conditions of release under a community control sanction 2419
that the court considers appropriate. If the court imposes a jail 2420
term upon the offender, the court may impose any community control 2421
sanction or combination of community control sanctions in addition 2422
to the jail term.2423

       (b) Impose a jail term under section 2929.24 of the Revised 2424
Code from the range of jail terms authorized under that section 2425
for the offense, suspend all or a portion of the jail term 2426
imposed, and place the offender under a community control sanction 2427
or combination of community control sanctions authorized under 2428
section 2929.26, 2929.27, or 2929.28 of the Revised Code.2429

       (2) The duration of all community control sanctions imposed 2430
upon an offender and in effect for an offender at any time shall 2431
not exceed five years.2432

       (3) At sentencing, if a court directly imposes a community 2433
control sanction or combination of community control sanctions 2434
pursuant to division (A)(1)(a) of this section, the court shall 2435
state the duration of the community control sanctions imposed and 2436
shall notify the offender that if any of the conditions of the 2437
community control sanctions are violated the court may do any of 2438
the following:2439

       (a) Impose a longer time under the same community control 2440
sanction if the total time under all of the offender's community 2441
control sanctions does not exceed the five-year limit specified in 2442
division (A)(2) of this section;2443

       (b) Impose a more restrictive community control sanction 2444
under section 2929.26, 2929.27, or 2929.28 of the Revised Code, 2445
but the court is not required to impose any particular sanction or 2446
sanctions;2447

       (c) Impose a definite jail term from the range of jail terms 2448
authorized for the offense under section 2929.24 of the Revised 2449
Code.2450

       (B)(1) If a court sentences an offender to any community 2451
control sanction or combination of community control sanctions 2452
authorized under section 2929.26, 2929.27, or 2929.28 of the 2453
Revised Code, the court shall place the offender under the general 2454
control and supervision of the court or of a department of 2455
probation in the jurisdiction that serves the court for purposes 2456
of reporting to the court a violation of any of the conditions of 2457
the sanctions imposed. If the offender resides in another 2458
jurisdiction and a department of probation has been established to 2459
serve the municipal court or county court in that jurisdiction, 2460
the sentencing court may request the municipal court or the county 2461
court to receive the offender into the general control and 2462
supervision of that department of probation for purposes of 2463
reporting to the sentencing court a violation of any of the 2464
conditions of the sanctions imposed. The sentencing court retains 2465
jurisdiction over any offender whom it sentences for the duration 2466
of the sanction or sanctions imposed.2467

       (2) The sentencing court shall require as a condition of any 2468
community control sanction that the offender abide by the law and 2469
not leave the state without the permission of the court or the 2470
offender's probation officer. In the interests of doing justice, 2471
rehabilitating the offender, and ensuring the offender's good 2472
behavior, the court may impose additional requirements on the 2473
offender. The offender's compliance with the additional 2474
requirements also shall be a condition of the community control 2475
sanction imposed upon the offender.2476

       (C)(1) If the court imposing sentence upon an offender 2477
sentences the offender to any community control sanction or 2478
combination of community control sanctions authorized under 2479
section 2929.26, 2929.27, or 2929.28 of the Revised Code, and if 2480
the offender violates any of the conditions of the sanctions, the 2481
public or private person or entity that supervises or administers 2482
the program or activity that comprises the sanction shall report 2483
the violation directly to the sentencing court or to the 2484
department of probation or probation officer with general control 2485
and supervision over the offender. If the public or private person 2486
or entity reports the violation to the department of probation or 2487
probation officer, the department or officer shall report the 2488
violation to the sentencing court.2489

       (2) If an offender violates any condition of a community 2490
control sanction, the sentencing court may impose upon the 2491
violator aone or more of the following penalties:2492

       (a) A longer time under the same community control sanction 2493
if the total time under all of the community control sanctions 2494
imposed on the violator does not exceed the five-year limit 2495
specified in division (A)(2) of this section or may impose on the 2496
violator a;2497

       (b) A more restrictive community control sanction or;2498

       (c) A combination of community control sanctions, including a 2499
jail term. If2500

       (3) If the court imposes a jail term upon a violator pursuant 2501
to this division (C)(2) of this section, the total time spent in 2502
jail for the misdemeanor offense and the violation of a condition 2503
of the community control sanction shall not exceed the maximum 2504
jail term available for the offense for which the sanction that 2505
was violated was imposed. The court may reduce the longer period 2506
of time that the violator is required to spend under the longer 2507
sanction or the more restrictive sanction imposed under division 2508
(C)(2) of this section by all or part of the time the violator 2509
successfully spent under the sanction that was initially imposed.2510

       (D) Except as otherwise provided in this division, if an 2511
offender, for a significant period of time, fulfills the 2512
conditions of a community control sanction imposed pursuant to 2513
section 2929.26, 2929.27, or 2929.28 of the Revised Code in an 2514
exemplary manner, the court may reduce the period of time under 2515
the community control sanction or impose a less restrictive 2516
community control sanction. Fulfilling the conditions of a 2517
community control sanction does not relieve the offender of a duty 2518
to make restitution under section 2929.28 of the Revised Code.2519

       Sec. 2937.07.  If the offense is a misdemeanor and the 2520
accused pleads guilty to the offense, the court or magistrate 2521
shall receive and enter the plea unless the court or magistrate 2522
believes that it was made through fraud, collusion, or mistake. If 2523
the court or magistrate so believes that it was made through 2524
fraud, collusion, or mistake, the court or magistrate shall enter 2525
a plea of not guilty and set the matter for trial pursuant to 2526
Chapter 2938. of the Revised Code. Upon receiving a plea of 2527
guilty, the court or magistrate shall call for an explanation of 2528
the circumstances of the offense from the affiant or complainant 2529
or the affiant's or complainant's representatives unless the 2530
offense to which the accused is pleading is a minor misdemeanor in 2531
which case the court or magistrate is not required to call for an 2532
explanation of the circumstances of the offense. After hearing the 2533
explanation of circumstances, together with any statement of the 2534
accused or after receiving the plea of guilty if an explanation of 2535
the circumstances of the offense is not required, the court or 2536
magistrate shall proceed to pronounce the sentence or shall 2537
continue the matter for the purpose of imposing the sentence.2538

        A plea to a misdemeanor offense of "no contest" or words of 2539
similar import shall constitute a stipulationan admission of the 2540
truth of the facts alleged in the complaint and that the judge or 2541
magistrate may make a finding of guilty or not guilty from the 2542
explanation of the circumstances of the offense. If the offense to 2543
which the accused is entering a plea of "no contest" is a minor 2544
misdemeanor, the judge or magistrate is not required to call for 2545
an explanation of the circumstances of the offense, and the judge 2546
or magistrate may base a finding on the facts alleged in the 2547
complaint. If a finding of guilty is made, the judge or magistrate 2548
shall impose the sentence or continue the case for sentencing 2549
accordingly. A plea of "no contest" or words of similar import 2550
shall not be construed as an admission of any fact at issue in the 2551
criminal charge in any subsequent civil or criminal action or 2552
proceeding.2553

       Sec. 4507.02.  (A)(1) No person shall permit the operation of 2554
a motor vehicle upon any public or private property used by the 2555
public for purposes of vehicular travel or parking knowing the 2556
operator does not have a valid driver's license issued to the 2557
operator by the registrar of motor vehicles under this chapter or 2558
a valid commercial driver's license issued under Chapter 4506. of 2559
the Revised Code. WhoeverExcept as otherwise provided in this 2560
division, whoever violates this division is guilty of an 2561
unclassified misdemeanor. TheWhen the offense is an unclassified 2562
misdemeanor, the offender shall be sentenced pursuant to sections 2563
2929.21 to 2929.28 of the Revised Code, except that the offender 2564
shall not be sentenced to a jail term; the offender shall not be 2565
sentenced to a community residential sanction pursuant to section 2566
2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of 2567
section 2929.28 of the Revised Code, the offender may be fined up 2568
to one thousand dollars and; and, notwithstanding division (A)(3) 2569
of section 2929.27 of the Revised Code, the offender may be 2570
ordered pursuant to division (B) of that section 2929.27 of the 2571
Revised Code additionally may be ordered to serve a term of 2572
community service of up to five hundred hours. If, within three 2573
years of the offense, the offender previously was convicted of or 2574
pleaded guilty to two or more violations of this section or a 2575
substantially equivalent municipal ordinance within the past three 2576
years, the offense is a misdemeanor of the first degree.2577

       (2) No person shall receive a driver's license, or a 2578
motorcycle operator's endorsement of a driver's or commercial 2579
driver's license, unless and until the person surrenders to the 2580
registrar all valid licenses issued to the person by another 2581
jurisdiction recognized by this state. The registrar shall report 2582
the surrender of a license to the issuing authority, together with 2583
information that a license is now issued in this state. The 2584
registrar shall destroy any such license that is not returned to 2585
the issuing authority. No person shall be permitted to have more 2586
than one valid license at any time.2587

       (B)(1) If a person is convicted of a violation of section 2588
4510.11, 4510.14, 4510.16 when division (B)(3) of that section 2589
applies, or 4510.21 of the Revised Code or if division (F) of 2590
section 4507.164 of the Revised Code applies, the trial judge of 2591
any court, in addition to or independent of any other penalties 2592
provided by law or ordinance, shall impound the identification 2593
license plates of any motor vehicle registered in the name of the 2594
person. If a person is convicted of a violation of section 4510.16 2595
of the Revised Code and division (B)(2) of that section applies, 2596
the trial judge of any court, in addition to or independent of any 2597
other penalties provided by law or ordinance, may impound the 2598
identification license plates of any motor vehicle registered in 2599
the name of the person. The court shall send the impounded license 2600
plates to the registrar, who may retain the license plates until 2601
the driver's or commercial driver's license of the owner has been 2602
reinstated or destroy them pursuant to section 4503.232 of the 2603
Revised Code.2604

       If the license plates of a person convicted of a violation of 2605
any provision of those sections have been impounded in accordance 2606
with the provisions of this division, the court shall notify the 2607
registrar of that action. The notice shall contain the name and 2608
address of the driver, the serial number of the driver's driver's2609
or commercial driver's license, the serial numbers of the license 2610
plates of the motor vehicle, and the length of time for which the 2611
license plates have been impounded. The registrar shall record the 2612
data in the notice as part of the driver's permanent record.2613

       (2) Any motor vehicle owner who has had the license plates of 2614
a motor vehicle impounded pursuant to division (B)(1) of this 2615
section may apply to the registrar, or to a deputy registrar, for 2616
restricted license plates that shall conform to the requirements 2617
of section 4503.231 of the Revised Code. The registrar or deputy 2618
registrar forthwith shall notify the court of the application and, 2619
upon approval of the court, shall issue restricted license plates 2620
to the applicant. Until the driver's or commercial driver's 2621
license of the owner is reinstated, any new license plates issued 2622
to the owner also shall conform to the requirements of section 2623
4503.231 of the Revised Code.2624

       The registrar or deputy registrar shall charge the owner of a 2625
vehicle the fees provided in section 4503.19 of the Revised Code 2626
for restricted license plates that are issued in accordance with 2627
this division, except upon renewal as specified in section 4503.10 2628
of the Revised Code, when the regular fee as provided in section 2629
4503.04 of the Revised Code shall be charged. The registrar or 2630
deputy registrar shall charge the owner of a vehicle the fees 2631
provided in section 4503.19 of the Revised Code whenever 2632
restricted license plates are exchanged, by reason of the 2633
reinstatement of the driver's or commercial driver's license of 2634
the owner, for those ordinarily issued.2635

       (3) If an owner wishes to sell a motor vehicle during the 2636
time the restricted license plates provided under division (B)(2) 2637
of this section are in use, the owner may apply to the court that 2638
impounded the license plates of the motor vehicle for permission 2639
to transfer title to the motor vehicle. If the court is satisfied 2640
that the sale will be made in good faith and not for the purpose 2641
of circumventing the provisions of this section, it may certify 2642
its consent to the owner and to the registrar of motor vehicles 2643
who shall enter notice of the transfer of the title of the motor 2644
vehicle in the vehicle registration record.2645

       If, during the time the restricted license plates provided 2646
under division (B)(2) of this section are in use, the title to a 2647
motor vehicle is transferred by the foreclosure of a chattel 2648
mortgage, a sale upon execution, the cancellation of a conditional 2649
sales contract, or by order of a court, the court shall notify the 2650
registrar of the action and the registrar shall enter notice of 2651
the transfer of the title to the motor vehicle in the vehicle 2652
registration record.2653

       (C) This section is not intended to change or modify any 2654
provision of Chapter 4503. of the Revised Code with respect to the 2655
taxation of motor vehicles or the time within which the taxes on 2656
motor vehicles shall be paid.2657

       Sec. 4510.11.  (A) No person whose driver's or commercial 2658
driver's license or permit or nonresident operating privilege has 2659
been suspended under any provision of the Revised Code, other than 2660
Chapter 4509. of the Revised Code, or under any applicable law in 2661
any other jurisdiction in which the person's license or permit was 2662
issued shall operate any motor vehicle upon the public roads and 2663
highways or upon any public or private property used by the public 2664
for purposes of vehicular travel or parking within this state 2665
during the period of suspension unless the person is granted 2666
limited driving privileges and is operating the vehicle in 2667
accordance with the terms of the limited driving privileges.2668

       (B) No person shall operate any motor vehicle upon a highway 2669
or any public or private property used by the public for purposes 2670
of vehicular travel or parking in this state in violation of any 2671
restriction of the person's driver's or commercial driver's 2672
license or permit imposed under division (D) of section 4506.10 or 2673
under section 4507.14 of the Revised Code.2674

       (C)(1)(a) Except as provided in division (C)(1)(b) of this 2675
section, whoever violates division (A) of this section is guilty 2676
of driving under suspension, a misdemeanor of the first degree. 2677
The court shall impose upon the offender a class seven suspension 2678
of the offender's driver's license, commercial driver's license, 2679
temporary instruction permit, probationary license, or nonresident 2680
operating privilege from the range specified in division (A)(7) of 2681
section 4510.02 of the Revised Code.2682

       (b) If the offender's driver's or commercial driver's license 2683
or permit or nonresident operating privilege has been suspended 2684
under section 3123.58 or 4510.22 of the Revised Code, except as 2685
otherwise provided in this division, a violation of division (A) 2686
of this section is an unclassified misdemeanor. TheWhen the 2687
offense is an unclassified misdemeanor, the offender shall be 2688
sentenced pursuant to sections 2929.21 to 2929.28 of the Revised 2689
Code, except that the offender shall not be sentenced to a jail 2690
term; the offender shall not be sentenced to a community 2691
residential sanction pursuant to section 2929.26 of the Revised 2692
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the 2693
Revised Code, the offender may be fined up to one thousand dollars 2694
and; and, notwithstanding division (A)(3) of section 2929.27 of 2695
the Revised Code, the offender may be ordered pursuant to division 2696
(B) of that section 2929.27 of the Revised Code additionally may 2697
be ordered to serve a term of community service of up to five 2698
hundred hours. If, within three years of the offense, the offender 2699
previously was convicted of or pleaded guilty to two or more 2700
violations of this section or a substantially equivalent municipal 2701
ordinance within the past three years, the offense is a 2702
misdemeanor of the first degree.2703

       (2) Whoever violates division (B) of this section is guilty 2704
of driving in violation of a license restriction, a misdemeanor of 2705
the first degree.2706

       (3) Except as provided in division (C)(4) or (5) of this 2707
section, the court, in addition to any other penalty that it 2708
imposes on the offender and if the vehicle is registered in the 2709
offender's name, shall order the immobilization of the vehicle 2710
involved in the offense for thirty days in accordance with section 2711
4503.233 of the Revised Code and the impoundment of that vehicle's 2712
license plates for thirty days.2713

       (4) If the offender previously has been convicted of or 2714
pleaded guilty to one violation of this section or of a 2715
substantially similar municipal ordinance, the court, in addition 2716
to any other sentence that it imposes on the offender and if the 2717
vehicle is registered in the offender's name, shall order the 2718
immobilization of the vehicle involved in the offense for sixty 2719
days in accordance with section 4503.233 of the Revised Code and 2720
the impoundment of that vehicle's license plates for sixty days.2721

       (5) If the offender previously has been convicted of or 2722
pleaded guilty to two or more violations of this section or of a 2723
substantially similar municipal ordinance, the court, in addition 2724
to any other sentence that it imposes on the offender and if the 2725
vehicle is registered in the offender's name, shall order the 2726
criminal forfeiture of the vehicle involved in the offense to the 2727
state.2728

       (D) Any order for immobilization and impoundment under this 2729
section shall be issued and enforced under section 4503.233 of the 2730
Revised Code. The court shall not release a vehicle from 2731
immobilization ordered under this section unless the court is 2732
presented with current proof of financial responsibility with 2733
respect to that vehicle.2734

       (E) Any order of criminal forfeiture under this section shall 2735
be issued and enforced under section 4503.234 of the Revised Code. 2736
Upon receipt of the copy of the order from the court, neither the 2737
registrar of motor vehicles nor a deputy registrar shall accept 2738
any application for the registration or transfer of registration 2739
of any motor vehicle owned or leased by the person named in the 2740
declaration of forfeiture. The period of registration denial shall 2741
be five years after the date of the order, unless, during that 2742
period, the court having jurisdiction of the offense that led to 2743
the order terminates the forfeiture and notifies the registrar of 2744
the termination. The registrar then shall take necessary measures 2745
to permit the person to register a vehicle owned or leased by the 2746
person or to transfer registration of the vehicle.2747

       Sec. 4510.12.  (A)(1) No person, except those expressly 2748
exempted under sections 4507.03, 4507.04, and 4507.05 of the 2749
Revised Code, shall operate any motor vehicle upon a public road 2750
or highway or any public or private property used by the public 2751
for purposes of vehicular travel or parking in this state unless 2752
the person has a valid driver's license issued under Chapter 4507. 2753
of the Revised Code or a commercial driver's license issued under 2754
Chapter 4506. of the Revised Code.2755

       (2) No person, except a person expressly exempted under 2756
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall 2757
operate any motorcycle upon a public road or highway or any public 2758
or private property used by the public for purposes of vehicular 2759
travel or parking in this state unless the person has a valid 2760
license as a motorcycle operator that was issued upon application 2761
by the registrar of motor vehicles under Chapter 4507. of the 2762
Revised Code. The license shall be in the form of an endorsement, 2763
as determined by the registrar, upon a driver's or commercial 2764
driver's license, if the person has a valid license to operate a 2765
motor vehicle or commercial motor vehicle, or in the form of a 2766
restricted license as provided in section 4507.14 of the Revised 2767
Code, if the person does not have a valid license to operate a 2768
motor vehicle or commercial motor vehicle.2769

       (B) Whoever violates this section is guilty of operating a 2770
motor vehicle without a valid license and shall be punished as 2771
follows:2772

       (1) If the trier of fact finds that the offender never has 2773
held a valid driver's or commercial driver's license issued by 2774
this state or any other jurisdiction, or, in a case involving the 2775
operation of a motorcycle by the offender, if the offender has 2776
never held a valid license as a motorcycle operator, either in the 2777
form of an endorsement upon a driver's or commercial driver's 2778
license or in the form of a restricted license, except as 2779
otherwise provided in this division, the offense is an 2780
unclassified misdemeanor. TheWhen the offense is an unclassified 2781
misdemeanor, the offender shall be sentenced pursuant to sections 2782
2929.21 to 2929.28 of the Revised Code, except that the offender 2783
shall not be sentenced to a jail term; the offender shall not be 2784
sentenced to a community residential sanction pursuant to section 2785
2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of 2786
section 2929.28 of the Revised Code, the offender may be fined up 2787
to one thousand dollars and; and, notwithstanding division (A)(3) 2788
of section 2929.27 of the Revised Code, the offender may be 2789
ordered pursuant to division (B) of that section 2929.27 of the 2790
Revised Code additionally may be ordered to serve a term of 2791
community service of up to five hundred hours. If the offender 2792
previously was convicted of or pleaded guilty to any violation of 2793
this section or a substantially equivalent municipal ordinance, 2794
the offense is a misdemeanor of the first degree.2795

       (2)(a) Subject to division (B)(2)(b) of this section, ifIf2796
the offender's driver's or commercial driver's license or permit 2797
or, in a case involving the operation of a motorcycle by the 2798
offender, the offender's driver's or commercial driver's license 2799
bearing the motorcycle endorsement or the offender's restricted 2800
license was expired at the time of the offense, except as 2801
otherwise provided in this division, the offense is a minor 2802
misdemeanor. If2803

       (b) If, within three years of the offense, the offender 2804
previously was convicted of or pleaded guilty to three or more 2805
violations of this section or a substantially equivalent municipal 2806
ordinance within the past three years, the offense is a 2807
misdemeanor of the first degree.2808

       (C) The court shall not impose a license suspension for a 2809
first violation of this section or if more than three years have 2810
passed since the offender's last violation of this section or a 2811
substantially equivalent municipal ordinance.2812

       (D) If the offender is sentenced under division (B)(2) of 2813
this section, if within three years of the offense the offender 2814
previously was convicted of or pleaded guilty to one or more 2815
violations of this section or a substantially equivalent municipal 2816
ordinance within the past three years, and if the offender's 2817
license was expired for more than six months at the time of the 2818
offense, the court shall impose a class seven suspension of the 2819
offender's driverdriver's license, commercial driver's license, 2820
temporary instruction permit, probationary license, or nonresident 2821
operating privilege from the range specified in division (A)(7) of 2822
section 4510.02 of the Revised Code.2823

       Sec. 4510.16.  (A) No person, whose driver's or commercial 2824
driver's license or temporary instruction permit or nonresident's 2825
operating privilege has been suspended or canceled pursuant to 2826
Chapter 4509. of the Revised Code, shall operate any motor vehicle 2827
within this state, or knowingly permit any motor vehicle owned by 2828
the person to be operated by another person in the state, during 2829
the period of the suspension or cancellation, except as 2830
specifically authorized by Chapter 4509. of the Revised Code. No 2831
person shall operate a motor vehicle within this state, or 2832
knowingly permit any motor vehicle owned by the person to be 2833
operated by another person in the state, during the period in 2834
which the person is required by section 4509.45 of the Revised 2835
Code to file and maintain proof of financial responsibility for a 2836
violation of section 4509.101 of the Revised Code, unless proof of 2837
financial responsibility is maintained with respect to that 2838
vehicle.2839

       (B)(1) Whoever violates this section is guilty of driving 2840
under financial responsibility law suspension or cancellation,. 2841
Except as otherwise provided in this division, the offense is an 2842
unclassified misdemeanor. TheWhen the offense is an unclassified 2843
misdemeanor, the offender shall be sentenced pursuant to sections 2844
2929.21 to 2929.28 of the Revised Code, except that the offender 2845
shall not be sentenced to a jail term; the offender shall not be 2846
sentenced to a community residential sanction pursuant to section 2847
2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of 2848
section 2929.28 of the Revised Code, the offender may be fined up 2849
to one thousand dollars and; and, notwithstanding division (A)(3) 2850
of section 2929.27 of the Revised Code, the offender may be 2851
ordered pursuant to division (B) of that section 2929.27 of the 2852
Revised Code additionally may be ordered to serve a term of 2853
community service of up to five hundred hours. If, within three 2854
years of the offense, the offender previously was convicted of or 2855
pleaded guilty to two or more violations of this section or a 2856
substantially equivalent municipal ordinance within the past three 2857
years, the offense is a misdemeanor of the first degree. The court 2858
shall impose a class seven suspension of the offender's driver's 2859
or commercial driver's license or permit or nonresident operating 2860
privilege for the period of time specified in division (A)(7) of 2861
section 4510.02 of the Revised Code.2862

       (2) If the vehicle is registered in the offender's name and 2863
division (B)(3) of this section does not apply, the court, in 2864
addition to or independent of any other sentence that it imposes 2865
upon the offender, may order the immobilization for no more than 2866
thirty days of the vehicle involved in the offense and the 2867
impoundment for no more than thirty days of the license plates of 2868
that vehicle.2869

       (3) If the vehicle is registered in the offender's name and 2870
if, within five years of the offense, the offender has been 2871
convicted of or pleaded guilty to one violation of this section or 2872
a substantially similar municipal ordinance, the court, in 2873
addition to or independent of any other sentence that it imposes 2874
on the offender, shall order the immobilization for sixty days of 2875
the vehicle involved in the offense and impoundment for sixty days 2876
of the license plates of that vehicle.2877

        If the vehicle is registered in the offender's name and if, 2878
within five years of the offense, the offender has been convicted 2879
of or pleaded guilty to two or more violations of this section or 2880
a substantially similar municipal ordinance, the court, in 2881
addition to or independent of any other sentence that it imposes 2882
upon the offender, shall order the criminal forfeiture to the 2883
state of the vehicle involved in the offense. If title to a motor 2884
vehicle that is subject to an order for criminal forfeiture under 2885
this division is assigned or transferred and division (B)(2) or 2886
(3) of section 4503.234 of the Revised Code applies, in addition 2887
to or independent of any other penalty established by law, the 2888
court may fine the offender the value of the vehicle as determined 2889
by publications of the national auto dealers association. The 2890
proceeds from any fine so imposed shall be distributed in 2891
accordance with division (C)(2) of that section.2892

       (C) Any order for immobilization and impoundment under this 2893
section shall be issued and enforced in accordance with sections 2894
4503.233 and 4507.02 of the Revised Code, as applicable. Any order 2895
of criminal forfeiture shall be issued and enforced in accordance 2896
with section 4503.234 of the Revised Code. The court shall not 2897
release a vehicle from immobilization orders under this section 2898
unless the court is presented with current proof of financial 2899
responsibility with respect to that vehicle.2900

       Sec. 4510.73.  (A) It is the intent of this section to allow 2901
all issues concerning driver's licenses to be litigated in a 2902
single forum, not to eliminate any forum venue in existence on the 2903
effective date of this section.2904

       (B) Notwithstanding any provision of the Revised Code to the 2905
contrary, any court whose jurisdiction has been invoked under this 2906
chapter or any other chapter of the Revised Code regarding a 2907
driver's license matter, other than a matter involving a 2908
commercial driver's license, is hereby conferred concurrent 2909
jurisdiction to adjudicate all issues and appeals regarding that 2910
driver's license matter, including issues of validity, suspension, 2911
and, with regard to any suspension imposed by the bureau of motor 2912
vehicles, driving privileges. Nothing in this section shall be 2913
construed as applying to any issue involving a commercial driver's 2914
license, except that a court may adjudicate an issue that does not 2915
relate to a commercial driver's license but involves a holder of a 2916
commercial driver's license so long as the court does not alter 2917
the status of that holder's commercial driver's license. In the 2918
event that another court has obtained jurisdiction over one or 2919
more driver's license suspensions imposed by the bureau involving 2920
the same driver's license holder, that jurisdiction may not be 2921
divested by an action filed under this section unless that court 2922
transfers its jurisdiction over that holder's driver's license 2923
issue by issuance of a court order.2924

       (C)(1) The court's jurisdiction over a particular driver's 2925
license issue may be invoked by a motion, appeal, or petition 2926
filed by a holder of a driver's license. Any such motion, appeal, 2927
or petition shall state the issue with respect to which the 2928
court's jurisdiction is invoked.2929

       (2) When a court's jurisdiction over a driver's license issue 2930
is properly invoked, that court shall adjudicate all issues and 2931
appeals brought before the court regarding that issue, unless the 2932
motion, appeal, or petition is withdrawn.2933

       (D) Any court whose jurisdiction is invoked under this 2934
section shall have the discretionary authority to issue a stay of 2935
any suspension pending resolution of the matters before the court. 2936
This provision does not alter or eliminate any automatic stay 2937
provision provided for elsewhere in the Revised Code.2938

       (E) Any court whose jurisdiction is invoked under this 2939
section, in its discretion, may order the bureau to renew the 2940
holder's driver's license pending resolution of the matters before 2941
the court, provided that the license is not more than six months 2942
expired prior to the date of application for renewal. The court, 2943
in its discretion, also may order the bureau to renew the holder's 2944
driver's license in its final judgment, provided that the license 2945
is not more than six months expired prior to the date of 2946
application for renewal.2947

       (F) If jurisdiction is invoked under this section in a court 2948
of common pleas or county court, the prosecuting attorney of the 2949
county in which the case is pending shall represent the registrar 2950
in the proceedings; provided, that if the driver's license holder 2951
resides in a municipal corporation that lies within the 2952
jurisdiction of a county court, the city director of law, village 2953
solicitor, or similar chief legal officer of the municipal 2954
corporation shall represent the registrar in the proceedings. In a 2955
municipal court, the registrar shall be represented in the 2956
resulting proceedings as provided in section 1901.34 of the 2957
Revised Code. At the election of the registrar, the attorney 2958
general may enter the proceedings at any time and henceforth 2959
represent the registrar in the case.2960

       (G) Either party may appeal the final judgment of the court. 2961
Any such appeal shall be taken as provided in section 1901.30 or 2962
1907.30 of the Revised Code and shall conform with Chapter 2505. 2963
of the Revised Code.2964

       Sec. 4549.02.  (A) In case of accident to or collision with 2965
persons or property upon any of the public roads or highways, due 2966
to the driving or operation thereon of any motor vehicle, the 2967
person driving or operating the motor vehicle, having knowledge of 2968
the accident or collision, immediately shall stop the driver's or 2969
operator's motor vehicle at the scene of the accident or collision 2970
and shall remain at the scene of the accident or collision until 2971
the driver or operator has given the driver's or operator's name 2972
and address and, if the driver or operator is not the owner, the 2973
name and address of the owner of that motor vehicle, together with 2974
the registered number of that motor vehicle, to any person injured 2975
in the accident or collision or to the operator, occupant, owner, 2976
or attendant of any motor vehicle damaged in the accident or 2977
collision, or to any police officer at the scene of the accident 2978
or collision.2979

       In the event the injured person is unable to comprehend and 2980
record the information required to be given by this section, the 2981
other driver involved in the accident or collision forthwith shall 2982
notify the nearest police authority concerning the location of the 2983
accident or collision, and the driver's name, address, and the 2984
registered number of the motor vehicle the driver was operating, 2985
and then remain at the scene of the accident or collision until a 2986
police officer arrives, unless removed from the scene by an 2987
emergency vehicle operated by a political subdivision or an 2988
ambulance.2989

       If the accident or collision is with an unoccupied or 2990
unattended motor vehicle, the operator who collides with the motor 2991
vehicle shall securely attach the information required to be given 2992
in this section, in writing, to a conspicuous place in or on the 2993
unoccupied or unattended motor vehicle.2994

       (B) Whoever violates division (A) of this section is guilty 2995
of failure to stop after an accident, a misdemeanor of the first 2996
degree. If the violationaccident or collision results in serious 2997
physical harm to a person, failure to stop after an accident is a 2998
felony of the fifth degree. If the violationaccident or collision2999
results in the death of a person, failure to stop after an 3000
accident is a felony of the third degree. The court, in addition 3001
to any other penalties provided by law, shall impose upon the 3002
offender a class five suspension of the offender's driver's 3003
license, commercial driver's license, temporary instruction 3004
permit, probationary license, or nonresident operating privilege 3005
from the range specified in division (A)(5) of section 4510.02 of 3006
the Revised Code. No judge shall suspend the first six months of 3007
suspension of an offender's license, permit, or privilege required 3008
by this division.3009

       Sec. 4549.021.  (A) In case of accident or collision 3010
resulting in injury or damage to persons or property upon any 3011
public or private property other than public roads or highways, 3012
due to the driving or operation thereon of any motor vehicle, the 3013
person driving or operating the motor vehicle, having knowledge of 3014
the accident or collision, shall stop, and, upon request of the 3015
person injured or damaged, or any other person, shall give that 3016
person the driver's or operator's name and address, and, if the 3017
driver or operator is not the owner, the name and address of the 3018
owner of that motor vehicle, together with the registered number 3019
of that motor vehicle, and, if available, exhibit the driver's or 3020
operator's driver's or commercial driver's license.3021

       If the owner or person in charge of the damaged property is 3022
not furnished such information, the driver of the motor vehicle 3023
involved in the accident or collision, within twenty-four hours 3024
after the accident or collision, shall forward to the police 3025
department of the city or village in which the accident or 3026
collision occurred or if it occurred outside the corporate limits 3027
of a city or village to the sheriff of the county in which the 3028
accident or collision occurred the same information required to be 3029
given to the owner or person in control of the damaged property 3030
and give the date, time, and location of the accident or 3031
collision.3032

       If the accident or collision is with an unoccupied or 3033
unattended motor vehicle, the operator who collides with the motor 3034
vehicle shall securely attach the information required to be given 3035
in this section, in writing, to a conspicuous place in or on the 3036
unoccupied or unattended motor vehicle.3037

       (B) Whoever violates division (A) of this section is guilty 3038
of failure to stop after a nonpublic road accident, a misdemeanor 3039
of the first degree. If the violationaccident or collision3040
results in serious physical harm to a person, failure to stop 3041
after a nonpublic road accident is a felony of the fifth degree. 3042
If the violationaccident or collision results in the death of a 3043
person, failure to stop after a nonpublic road accident is a 3044
felony of the third degree. The court, in addition to any other 3045
penalties provided by law, shall impose upon the offender a class 3046
five suspension of the offender's driver's license, commercial 3047
driver's license, temporary instruction permit, probationary 3048
license, or nonresident operating privilege from the range 3049
specified in division (A)(5) of section 4510.02 of the Revised 3050
Code. No judge shall suspend the first six months of suspension of 3051
an offender's license, permit, or privilege required by this 3052
division.3053

       Section 2. That existing sections 1901.01, 1901.02, 1901.03, 3054
1901.07, 1901.08, 1901.31, 1901.312, 1901.32, 1901.34, 1907.11, 3055
2743.48, 2929.15, 2929.24, 2929.25, 2937.07, 4507.02, 4510.11, 3056
4510.12, 4510.16, 4549.02, and 4549.021 of the Revised Code are 3057
hereby repealed.3058

       Section 3. (A) Effective January 1, 2011, the Putnam County 3059
County Court is abolished.3060

       (B) All causes, executions, and other proceedings pending in 3061
the Putnam County County Court at the close of business on 3062
December 31, 2010, shall be transferred to and proceed in the 3063
Putnam County Municipal Court on January 1, 2011, as if originally 3064
instituted in the Putnam County Municipal Court. Parties to those 3065
causes, judgments, executions, and proceedings may make any 3066
amendments to their pleadings that are required to conform them to 3067
the rules of the Putnam County Municipal Court. The Clerk of the 3068
Putnam County County Court or other custodian shall transfer to 3069
the Putnam County Municipal Court all pleadings, orders, entries, 3070
dockets, bonds, papers, records, books, exhibits, files, moneys, 3071
property, and persons that belong to, are in the possession of, or 3072
are subject to the jurisdiction of the Putnam County County Court, 3073
or any officer of that court, at the close of business on December 3074
31, 2010, and that pertain to those causes, judgments, executions, 3075
and proceedings.3076

       (C) All employees of the Putnam County County Court shall be 3077
transferred to and shall become employees of the Putnam County 3078
Municipal Court on January 1, 2011.3079

       (D) Effective January 1, 2011, the part-time judgeship in the 3080
Putnam County County Court is abolished.3081

       Section 4. Sections 1901.01, 1901.02, 1901.03, 1901.07, 3082
1901.08, 1901.31, 1901.312, 1901.32, 1901.34, and 1907.11 of the 3083
Revised Code, as amended by this act, shall take effect January 1, 3084
2011.3085