Cosponsors:
Senators Schaffer, Wagoner, Grendell, Gibbs, Harris, Husted, Patton, Stewart, Turner, Wilson
Representatives Beck, Blair, Blessing, Bubp, Coley, Combs, Derickson, Dodd, Domenick, Evans, Garland, Gerberry, Grossman, Hackett, Harris, Harwood, Heard, Hottinger, Luckie, Mandel, McGregor, Weddington, Zehringer
Sec. 109.561. There is hereby established within the bureau | 24 |
of criminal identification and investigation a preservation of | 25 |
biological evidence task force. The task force shall consist of | 26 |
officers and employees of the bureau; a representative from the | 27 |
Ohio prosecutors association; a representative from the Ohio state | 28 |
coroners association; a representative from the Ohio association | 29 |
of chiefs of police; a representative from the Ohio public | 30 |
defenders office, in consultation with the Ohio innocence project; | 31 |
a representative from the division of criminal justice services of | 32 |
the department of public safety; and a representative from the | 33 |
buckeye state sheriffs association. The task force shall perform | 34 |
the duties and functions specified in division (C) of section | 35 |
2933.82 of the Revised Code. | 36 |
(h) The state board of pharmacy has adopted a rule pursuant | 106 |
to section 4729.041 of the Revised Code that specifies the amount | 107 |
of salvia divinorum and the amount of salvinorin A that constitute | 108 |
concentrations of salvia divinorum and salvinorin A in a person's | 109 |
urine, in a person's whole blood, or in a person's blood serum or | 110 |
plasma at or above which the person is impaired for purposes of | 111 |
operating or being in physical control of any vessel underway or | 112 |
manipulating any water skis, aquaplane, or similar device on the | 113 |
waters of this state, the rule is in effect, and the person has a | 114 |
concentration of salvia divinorum or salvinorin A of at least that | 115 |
amount so specified by rule in the person's urine, in the person's | 116 |
whole blood, or in the person's blood serum or plasma. | 117 |
(i) The person is under the influence of alcohol, a drug of | 119 |
abuse, or a combination of them, and, as measured by gas | 120 |
chromatography mass spectrometry, the person has a concentration | 121 |
of marihuana metabolite in the person's urine of at least fifteen | 122 |
nanograms of marihuana metabolite per milliliter of the person's | 123 |
urine or has a concentration of marihuana metabolite in the | 124 |
person's whole blood or blood serum or plasma of at least five | 125 |
nanograms of marihuana metabolite per milliliter of the person's | 126 |
whole blood or blood serum or plasma. | 127 |
(b) In any criminal prosecution or juvenile court proceeding | 180 |
for a violation of division (A) or (B) of this section or for an | 181 |
equivalent offense that is watercraft-related, the court may admit | 182 |
evidence on the concentration of alcohol, drugs of abuse, | 183 |
controlled substances, metabolites of a controlled substance, or a | 184 |
combination of them in the defendant's or child's whole blood, | 185 |
blood serum or plasma, urine, or breath at the time of the alleged | 186 |
violation as shown by chemical analysis of the substance | 187 |
withdrawn, or specimen taken within three hours of the time of the | 188 |
alleged violation. The three-hour time limit specified in this | 189 |
division regarding the admission of evidence does not extend or | 190 |
affect the two-hour time limit specified in division (C) of | 191 |
section 1547.111 of the Revised Code as the maximum period of time | 192 |
during which a person may consent to a chemical test or tests as | 193 |
described in that section. The court may admit evidence on the | 194 |
concentration of alcohol, drugs of abuse, or a combination of them | 195 |
as described in this division when a person submits to a blood, | 196 |
breath, urine, or other bodily substance test at the request of a | 197 |
law enforcement officer under section 1547.111 of the Revised Code | 198 |
or a blood or urine sample is obtained pursuant to a search | 199 |
warrant. Only a physician, a registered nurse, an emergency | 200 |
medical technician-intermediate, an emergency medical | 201 |
technician-paramedic, or a qualified technician, chemist, or | 202 |
phlebotomist shall withdraw blood for the purpose of determining
| 203 |
the alcohol, drug, controlled substance, metabolite of a | 204 |
controlled substance, or combination content of the whole blood, | 205 |
blood serum, or blood plasma. This limitation does not apply to | 206 |
the taking of breath or urine specimens. A person authorized to | 207 |
withdraw blood under this division may refuse to withdraw blood
| 208 |
under this division if, in that person's opinion, the physical | 209 |
welfare of the defendant or child would be endangered by | 210 |
withdrawing blood. | 211 |
(2) In a criminal prosecution or juvenile court proceeding | 217 |
for a violation of division (A) of this section or for an | 218 |
equivalent offense that is watercraft-related, if there was at the | 219 |
time the bodily substance was taken a concentration of less than | 220 |
the applicable concentration of alcohol specified for a violation | 221 |
of division (A)(2), (3), (4), or (5) of this section or less than | 222 |
the applicable concentration of a listed controlled substance or a | 223 |
listed metabolite of a controlled substance specified for a | 224 |
violation of division (A)(6) of this section, that fact may be | 225 |
considered with other competent evidence in determining the guilt | 226 |
or innocence of the defendant or in making an adjudication for the | 227 |
child. This division does not limit or affect a criminal | 228 |
prosecution or juvenile court proceeding for a violation of | 229 |
division (B) of this section or for a violation of a prohibition | 230 |
that is substantially equivalent to that division. | 231 |
If the chemical test was administered pursuant to division | 236 |
(D)(1)(b) of this section, the person tested may have a physician, | 237 |
a registered nurse, or a qualified technician, chemist, or | 238 |
phlebotomist of the person's own choosing administer a chemical | 239 |
test or tests in addition to any administered at the direction of | 240 |
a law enforcement officer, and shall be so advised. The failure or | 241 |
inability to obtain an additional test by a person shall not | 242 |
preclude the admission of evidence relating to the test or tests | 243 |
taken at the direction of a law enforcement officer. | 244 |
(E)(1) In any criminal prosecution or juvenile court | 245 |
proceeding for a violation of division (A) or (B) of this section, | 246 |
of a municipal ordinance relating to operating or being in | 247 |
physical control of any vessel underway or to manipulating any | 248 |
water skis, aquaplane, or similar device on the waters of this | 249 |
state while under the influence of alcohol, a drug of abuse, or a | 250 |
combination of them, or of a municipal ordinance relating to | 251 |
operating or being in physical control of any vessel underway or | 252 |
to manipulating any water skis, aquaplane, or similar device on | 253 |
the waters of this state with a prohibited concentration of | 254 |
alcohol, a controlled substance, or a metabolite of a controlled | 255 |
substance in the whole blood, blood serum or plasma, breath, or | 256 |
urine, if a law enforcement officer has administered a field | 257 |
sobriety test to the operator or person found to be in physical | 258 |
control of the vessel underway involved in the violation or the | 259 |
person manipulating the water skis, aquaplane, or similar device | 260 |
involved in the violation and if it is shown by clear and | 261 |
convincing evidence that the officer administered the test in | 262 |
substantial compliance with the testing standards for reliable, | 263 |
credible, and generally accepted field sobriety tests for vehicles | 264 |
that were in effect at the time the tests were administered, | 265 |
including, but not limited to, any testing standards then in | 266 |
effect that have been set by the national highway traffic safety | 267 |
administration, that by their nature are not clearly inapplicable | 268 |
regarding the operation or physical control of vessels underway or | 269 |
the manipulation of water skis, aquaplanes, or similar devices, | 270 |
all of the following apply: | 271 |
(F)(1) Subject to division (F)(3) of this section, in any | 290 |
criminal prosecution or juvenile court proceeding for a violation | 291 |
of division (A) or (B) of this section or for an equivalent | 292 |
offense that is substantially equivalent to either of those | 293 |
divisions, the court shall admit as prima-facie evidence a | 294 |
laboratory report from any laboratory personnel issued a permit by | 295 |
the department of health authorizing an analysis as described in | 296 |
this division that contains an analysis of the whole blood, blood | 297 |
serum or plasma, breath, urine, or other bodily substance tested | 298 |
and that contains all of the information specified in this | 299 |
division. The laboratory report shall contain all of the | 300 |
following: | 301 |
(3) A report of the type described in division (F)(1) of this | 327 |
section shall not be prima-facie evidence of the contents, | 328 |
identity, or amount of any substance if, within seven days after | 329 |
the defendant or child to whom the report pertains or the | 330 |
defendant's or child's attorney receives a copy of the report, the | 331 |
defendant or child or the defendant's or child's attorney demands | 332 |
the testimony of the person who signed the report. The judge in | 333 |
the case may extend the seven-day time limit in the interest of | 334 |
justice. | 335 |
(G) Except as otherwise provided in this division, any | 336 |
physician, registered nurse, emergency medical | 337 |
technician-intermediate, emergency medical technician-paramedic, | 338 |
or qualified technician, chemist, or phlebotomist who withdraws | 339 |
blood from a person pursuant to this section or section 1547.111 | 340 |
of the Revised Code, and a hospital, first-aid station, or clinic | 341 |
at which blood is withdrawn from a person pursuant to this section | 342 |
or section 1547.111 of the Revised Code, is immune from criminal | 343 |
and civil liability based upon a claim of assault and battery or | 344 |
any other claim that is not a claim of malpractice, for any act | 345 |
performed in withdrawing blood from the person. The immunity | 346 |
provided in this division also extends to an emergency medical | 347 |
service organization that employs an emergency medical | 348 |
technician-intermediate, an emergency medical technician-paramedic | 349 |
who withdraws blood under this section. The immunity provided in | 350 |
this division is not available to a person who withdraws blood if | 351 |
the person engages in willful or wanton misconduct. | 352 |
(b) A violation of a municipal ordinance prohibiting a person | 386 |
from operating or being in physical control of any vessel underway | 387 |
or from manipulating any water skis, aquaplane, or similar device | 388 |
on the waters of this state while under the influence of alcohol, | 389 |
a drug of abuse, or a combination of them or prohibiting a person | 390 |
from operating or being in physical control of any vessel underway | 391 |
or from manipulating any water skis, aquaplane, or similar device | 392 |
on the waters of this state with a prohibited concentration of | 393 |
alcohol, a controlled substance, or a metabolite of a controlled | 394 |
substance in the whole blood, blood serum or plasma, breath, or | 395 |
urine; | 396 |
(3) Except as otherwise provided in division (D)(4) of this | 420 |
section, if the offender previously has pleaded guilty to or been | 421 |
convicted of domestic violence, a violation of an existing or | 422 |
former municipal ordinance or law of this or any other state or | 423 |
the United States that is substantially similar to domestic | 424 |
violence, a violation of section 2903.14, 2909.06, 2909.07, | 425 |
2911.12, 2911.211, or 2919.22 of the Revised Code if the victim of | 426 |
the violation was a family or household member at the time of the | 427 |
violation, a violation of an existing or former municipal | 428 |
ordinance or law of this or any other state or the United States | 429 |
that is substantially similar to any of those sections if the | 430 |
victim of the violation was a family or household member at the | 431 |
time of the commission of the violation, or any offense of | 432 |
violence if the victim of the offense was a family or household | 433 |
member at the time of the commission of the offense, a violation | 434 |
of division (A) or (B) of this section is a felony of the fourth | 435 |
degree, and, if the offender knew that the victim of the violation | 436 |
was pregnant at the time of the violation, the court shall impose | 437 |
a mandatory prison term on the offender pursuant to division | 438 |
(A)(D)(6) of this section, and a violation of division (C) of this | 439 |
section is a misdemeanor of the second degree. | 440 |
(4) If the offender previously has pleaded guilty to or been | 441 |
convicted of two or more offenses of domestic violence or two or | 442 |
more violations or offenses of the type described in division | 443 |
(D)(3) of this section involving a person who was a family or | 444 |
household member at the time of the violations or offenses, a | 445 |
violation of division (A) or (B) of this section is a felony of | 446 |
the third degree, and, if the offender knew that the victim of the | 447 |
violation was pregnant at the time of the violation, the court | 448 |
shall impose a mandatory prison term on the offender pursuant to | 449 |
division (A)(D)(6) of this section, and a violation of division | 450 |
(C) of this section is a misdemeanor of the first degree. | 451 |
(e) If the violation of division (A) or (B) of this section | 490 |
is a felony of the third degree and the offender, in committing | 491 |
the violation, caused serious physical harm to the pregnant | 492 |
woman's unborn or caused the termination of the pregnant woman's | 493 |
pregnancy, notwithstanding the range of prison terms prescribed in | 494 |
section 2929.14 of the Revised Code for a felony of the third | 495 |
degree, the court shall impose a mandatory prison term on the | 496 |
offender of either a definite term of one year or one of the | 497 |
prison terms prescribed in section 2929.14 of the Revised Code for | 498 |
felonies of the third degree. | 499 |
(4) "Termination of the pregnant woman's pregnancy" has the | 536 |
same meaning as "unlawful termination of another's pregnancy," as | 537 |
set forth in section 2903.09 of the Revised Code, as it relates to | 538 |
the pregnant woman. Division (C) of that section applies regarding | 539 |
the use of the term in this section, except that the second and | 540 |
third sentences of division (C)(1) of that section shall be | 541 |
construed for purposes of this section as if they included a | 542 |
reference to this section in the listing of Revised Code sections | 543 |
they contain. | 544 |
(a) The collection of any bodily substance of a person by a | 550 |
law enforcement officer, or by another person pursuant to the | 551 |
direction or advice of a law enforcement officer, for purposes of | 552 |
a chemical test or tests of the substance under division (A)(1) of | 553 |
section 1547.111 or division (A)(2) of section 4511.191 of the | 554 |
Revised Code to determine the alcohol, drug, controlled substance, | 555 |
metabolite of a controlled substance, or combination content of | 556 |
the bodily substance; | 557 |
If the offender is eligible to be sentenced to community | 586 |
control sanctions, the court shall consider the appropriateness of | 587 |
imposing a financial sanction pursuant to section 2929.18 of the | 588 |
Revised Code or a sanction of community service pursuant to | 589 |
section 2929.17 of the Revised Code as the sole sanction for the | 590 |
offense. Except as otherwise provided in this division, if the | 591 |
court is required to impose a mandatory prison term for the | 592 |
offense for which sentence is being imposed, the court also shall | 593 |
impose any financial sanction pursuant to section 2929.18 of the | 594 |
Revised Code that is required for the offense and may impose any | 595 |
other financial sanction pursuant to that section but may not | 596 |
impose any additional sanction or combination of sanctions under | 597 |
section 2929.16 or 2929.17 of the Revised Code. | 598 |
(1) For a fourth degree felony OVI offense for which sentence | 607 |
is imposed under division (G)(1) of this section, an additional | 608 |
community control sanction or combination of community control | 609 |
sanctions under section 2929.16 or 2929.17 of the Revised Code. If | 610 |
the court imposes upon the offender a community control sanction | 611 |
and the offender violates any condition of the community control | 612 |
sanction, the court may take any action prescribed in division (B) | 613 |
of section 2929.15 of the Revised Code relative to the offender, | 614 |
including imposing a prison term on the offender pursuant to that | 615 |
division. | 616 |
(2)(a) If the court makes a finding described in division | 654 |
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this | 655 |
section and if the court, after considering the factors set forth | 656 |
in section 2929.12 of the Revised Code, finds that a prison term | 657 |
is consistent with the purposes and principles of sentencing set | 658 |
forth in section 2929.11 of the Revised Code and finds that the | 659 |
offender is not amenable to an available community control | 660 |
sanction, the court shall impose a prison term upon the offender. | 661 |
(b) Except as provided in division (E), (F), or (G) of this | 662 |
section, if the court does not make a finding described in | 663 |
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of | 664 |
this section and if the court, after considering the factors set | 665 |
forth in section 2929.12 of the Revised Code, finds that a | 666 |
community control sanction or combination of community control | 667 |
sanctions is consistent with the purposes and principles of | 668 |
sentencing set forth in section 2929.11 of the Revised Code, the | 669 |
court shall impose a community control sanction or combination of | 670 |
community control sanctions upon the offender. | 671 |
(C) Except as provided in division (D), (E), (F), or (G) of | 672 |
this section, in determining whether to impose a prison term as a | 673 |
sanction for a felony of the third degree or a felony drug offense | 674 |
that is a violation of a provision of Chapter 2925. of the Revised | 675 |
Code and that is specified as being subject to this division for | 676 |
purposes of sentencing, the sentencing court shall comply with the | 677 |
purposes and principles of sentencing under section 2929.11 of the | 678 |
Revised Code and with section 2929.12 of the Revised Code. | 679 |
(D)(1) Except as provided in division (E) or (F) of this | 680 |
section, for a felony of the first or second degree, for a felony | 681 |
drug offense that is a violation of any provision of Chapter | 682 |
2925., 3719., or 4729. of the Revised Code for which a presumption | 683 |
in favor of a prison term is specified as being applicable, and | 684 |
for a violation of division (A)(4) or (B) of section 2907.05 of | 685 |
the Revised Code for which a presumption in favor of a prison term | 686 |
is specified as being applicable, it is presumed that a prison | 687 |
term is necessary in order to comply with the purposes and | 688 |
principles of sentencing under section 2929.11 of the Revised | 689 |
Code. Division (D)(2) of this section does not apply to a | 690 |
presumption established under this division for a violation of | 691 |
division (A)(4) of section 2907.05 of the Revised Code. | 692 |
(2) Notwithstanding the presumption established under | 693 |
division (D)(1) of this section for the offenses listed in that | 694 |
division other than a violation of division (A)(4) or (B) of | 695 |
section 2907.05 of the Revised Code, the sentencing court may | 696 |
impose a community control sanction or a combination of community | 697 |
control sanctions instead of a prison term on an offender for a | 698 |
felony of the first or second degree or for a felony drug offense | 699 |
that is a violation of any provision of Chapter 2925., 3719., or | 700 |
4729. of the Revised Code for which a presumption in favor of a | 701 |
prison term is specified as being applicable if it makes both of | 702 |
the following findings: | 703 |
(E)(1) Except as provided in division (F) of this section, | 718 |
for any drug offense that is a violation of any provision of | 719 |
Chapter 2925. of the Revised Code and that is a felony of the | 720 |
third, fourth, or fifth degree, the applicability of a presumption | 721 |
under division (D) of this section in favor of a prison term or of | 722 |
division (B) or (C) of this section in determining whether to | 723 |
impose a prison term for the offense shall be determined as | 724 |
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 725 |
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the | 726 |
Revised Code, whichever is applicable regarding the violation. | 727 |
(3) A court that sentences an offender for a drug abuse | 742 |
offense that is a felony of the third, fourth, or fifth degree may | 743 |
require that the offender be assessed by a properly credentialed | 744 |
professional within a specified period of time. The court shall | 745 |
require the professional to file a written assessment of the | 746 |
offender with the court. If the offender is eligible for a | 747 |
community control sanction and after considering the written | 748 |
assessment, the court may impose a community control sanction that | 749 |
includes treatment and recovery support services authorized by | 750 |
section 3793.02 of the Revised Code. If the court imposes | 751 |
treatment and recovery support services as a community control | 752 |
sanction, the court shall direct the level and type of treatment | 753 |
and recovery support services after considering the assessment and | 754 |
recommendation of treatment and recovery support services | 755 |
providers. | 756 |
(F) Notwithstanding divisions (A) to (E) of this section, the | 757 |
court shall impose a prison term or terms under sections 2929.02 | 758 |
to 2929.06, section 2929.14, section 2929.142, or section 2971.03 | 759 |
of the Revised Code and except as specifically provided in section | 760 |
2929.20 or 2967.191 of the Revised Code or when parole is | 761 |
authorized for the offense under section 2967.13 of the Revised | 762 |
Code shall not reduce the term or terms pursuant to section | 763 |
2929.20, section 2967.193, or any other provision of Chapter 2967. | 764 |
or Chapter 5120. of the Revised Code for any of the following | 765 |
offenses: | 766 |
(5) A first, second, or third degree felony drug offense for | 797 |
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 798 |
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or | 799 |
4729.99 of the Revised Code, whichever is applicable regarding the | 800 |
violation, requires the imposition of a mandatory prison term; | 801 |
(6) Any offense that is a first or second degree felony and | 802 |
that is not set forth in division (F)(1), (2), (3), or (4) of this | 803 |
section, if the offender previously was convicted of or pleaded | 804 |
guilty to aggravated murder, murder, any first or second degree | 805 |
felony, or an offense under an existing or former law of this | 806 |
state, another state, or the United States that is or was | 807 |
substantially equivalent to one of those offenses; | 808 |
(16) Kidnapping, abduction, compelling prostitution, | 869 |
promoting prostitution, engaging in a pattern of corrupt activity, | 870 |
illegal use of a minor in a nudity-oriented material or | 871 |
performance in violation of division (A)(1) or (2) of section | 872 |
2907.323 of the Revised Code, or endangering children in violation | 873 |
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of | 874 |
the Revised Code, if the offender is convicted of or pleads guilty | 875 |
to a specification as described in section 2941.1422 of the | 876 |
Revised Code that was included in the indictment, count in the | 877 |
indictment, or information charging the offense; | 878 |
(1) If the offender is being sentenced for a fourth degree | 894 |
felony OVI offense and if the offender has not been convicted of | 895 |
and has not pleaded guilty to a specification of the type | 896 |
described in section 2941.1413 of the Revised Code, the court may | 897 |
impose upon the offender a mandatory term of local incarceration | 898 |
of sixty days or one hundred twenty days as specified in division | 899 |
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall | 900 |
not reduce the term pursuant to section 2929.20, 2967.193, or any | 901 |
other provision of the Revised Code. The court that imposes a | 902 |
mandatory term of local incarceration under this division shall | 903 |
specify whether the term is to be served in a jail, a | 904 |
community-based correctional facility, a halfway house, or an | 905 |
alternative residential facility, and the offender shall serve the | 906 |
term in the type of facility specified by the court. A mandatory | 907 |
term of local incarceration imposed under division (G)(1) of this | 908 |
section is not subject to any other Revised Code provision that | 909 |
pertains to a prison term except as provided in division (A)(1) of | 910 |
this section. | 911 |
(2) If the offender is being sentenced for a third degree | 912 |
felony OVI offense, or if the offender is being sentenced for a | 913 |
fourth degree felony OVI offense and the court does not impose a | 914 |
mandatory term of local incarceration under division (G)(1) of | 915 |
this section, the court shall impose upon the offender a mandatory | 916 |
prison term of one, two, three, four, or five years if the | 917 |
offender also is convicted of or also pleads guilty to a | 918 |
specification of the type described in section 2941.1413 of the | 919 |
Revised Code or shall impose upon the offender a mandatory prison | 920 |
term of sixty days or one hundred twenty days as specified in | 921 |
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code | 922 |
if the offender has not been convicted of and has not pleaded | 923 |
guilty to a specification of that type. The court shall not reduce | 924 |
the term pursuant to section 2929.20, 2967.193, or any other | 925 |
provision of the Revised Code. The offender shall serve the one-, | 926 |
two-, three-, four-, or five-year mandatory prison term | 927 |
consecutively to and prior to the prison term imposed for the | 928 |
underlying offense and consecutively to any other mandatory prison | 929 |
term imposed in relation to the offense. In no case shall an | 930 |
offender who once has been sentenced to a mandatory term of local | 931 |
incarceration pursuant to division (G)(1) of this section for a | 932 |
fourth degree felony OVI offense be sentenced to another mandatory | 933 |
term of local incarceration under that division for any violation | 934 |
of division (A) of section 4511.19 of the Revised Code. In | 935 |
addition to the mandatory prison term described in division (G)(2) | 936 |
of this section, the court may sentence the offender to a | 937 |
community control sanction under section 2929.16 or 2929.17 of the | 938 |
Revised Code, but the offender shall serve the prison term prior | 939 |
to serving the community control sanction. The department of | 940 |
rehabilitation and correction may place an offender sentenced to a | 941 |
mandatory prison term under this division in an intensive program | 942 |
prison established pursuant to section 5120.033 of the Revised | 943 |
Code if the department gave the sentencing judge prior notice of | 944 |
its intent to place the offender in an intensive program prison | 945 |
established under that section and if the judge did not notify the | 946 |
department that the judge disapproved the placement. Upon the | 947 |
establishment of the initial intensive program prison pursuant to | 948 |
section 5120.033 of the Revised Code that is privately operated | 949 |
and managed by a contractor pursuant to a contract entered into | 950 |
under section 9.06 of the Revised Code, both of the following | 951 |
apply: | 952 |
(I) If an offender is being sentenced for a sexually oriented | 969 |
offense or a child-victim oriented offense committed on or after | 970 |
January 1, 1997, the judge shall include in the sentence a summary | 971 |
of the offender's duties imposed under sections 2950.04, 2950.041, | 972 |
2950.05, and 2950.06 of the Revised Code and the duration of the | 973 |
duties. The judge shall inform the offender, at the time of | 974 |
sentencing, of those duties and of their duration. If required | 975 |
under division (A)(2) of section 2950.03 of the Revised Code, the | 976 |
judge shall perform the duties specified in that section, or, if | 977 |
required under division (A)(6) of section 2950.03 of the Revised | 978 |
Code, the judge shall perform the duties specified in that | 979 |
division. | 980 |
(2) When considering sentencing factors under this section in | 989 |
relation to an offender who is convicted of or pleads guilty to an | 990 |
attempt to commit a drug abuse offense for which the penalty is | 991 |
determined by the amount or number of unit doses of the controlled | 992 |
substance involved in the drug abuse offense, the sentencing court | 993 |
shall consider the factors applicable to the felony category that | 994 |
the drug abuse offense attempted would be if that drug abuse | 995 |
offense had been committed and had involved an amount or number of | 996 |
unit doses of the controlled substance that is within the next | 997 |
lower range of controlled substance amounts than was involved in | 998 |
the attempt. | 999 |
(L) At the time of sentencing an offender for any sexually | 1002 |
oriented offense, if the offender is a tier III sex | 1003 |
offender/child-victim offender relative to that offense and the | 1004 |
offender does not serve a prison term or jail term, the court may | 1005 |
require that the offender be monitored by means of a global | 1006 |
positioning device. If the court requires such monitoring, the | 1007 |
cost of monitoring shall be borne by the offender. If the offender | 1008 |
is indigent, the cost of compliance shall be paid by the crime | 1009 |
victims reparations fund. | 1010 |
(b) The definition of "biological evidence" set forth in | 1020 |
division (A)(1)(a) of this section applies whether the material in | 1021 |
question is cataloged separately, such as on a slide or swab or in | 1022 |
a test tube, or is present on other evidence, including, but not | 1023 |
limited to, clothing, ligatures, bedding or other household | 1024 |
material, drinking cups or containers, or cigarettes. | 1025 |
(B)(1) Each governmental evidence-retention entity that | 1042 |
secures any biological evidence in relation to an investigation or | 1043 |
prosecution of a criminal offense or delinquent act that is a | 1044 |
violation of section 2903.01, 2903.02, or 2903.03, a violation of | 1045 |
section 2903.04 or 2903.06 that is a felony of the first or second | 1046 |
degree, a violation of section 2907.02 or 2907.03 or division | 1047 |
(A)(4) or (B) of section 2907.05 of the Revised Code, or an | 1048 |
attempt to commit a violation of section 2907.02 of the Revised | 1049 |
Code shall secure the biological evidence for whichever of the | 1050 |
following periods of time is applicable: | 1051 |
(c) If any person is convicted of or pleads guilty to the | 1062 |
offense, or is adjudicated a delinquent child for committing the | 1063 |
delinquent act, for the earlier of the following: (i) the | 1064 |
expiration of the latest of the following periods of time that | 1065 |
apply to the person: the period of time that the person is | 1066 |
incarcerated, is in a department of youth services institution or | 1067 |
other juvenile facility, is under a community control sanction for | 1068 |
that offense, is under any order of disposition for that act, is | 1069 |
on probation or parole for that offense, is under judicial release | 1070 |
or supervised release for that act, is under post-release control | 1071 |
for that offense, is involved in civil litigation in connection | 1072 |
with that offense or act, or is subject to registration and other | 1073 |
duties imposed for that offense or act under sections 2950.04, | 1074 |
2950.041, 2950.05, and 2950.06 of the Revised Code or (ii) thirty | 1075 |
years. If after the period of thirty years the person remains | 1076 |
incarcerated, then the governmental evidence-retention entity | 1077 |
shall secure the biological evidence until the person is released | 1078 |
from incarceration or dies. | 1079 |
(2) This section applies to evidence likely to contain | 1080 |
biological material that was in the possession of any governmental | 1081 |
evidence-retention entity during the investigation and prosecution | 1082 |
of a criminal case or delinquent child case involving a violation | 1083 |
of section 2903.01, 2903.02, or 2903.03, a violation of section | 1084 |
2903.04 or 2903.06 that is a felony of the first or second degree, | 1085 |
a violation of section 2907.02 or 2907.03 or of division (A)(4) or | 1086 |
(B) of section 2907.05 of the Revised Code, or an attempt to | 1087 |
commit a violation of section 2907.02 of the Revised Code. | 1088 |
(4) Upon written request by the defendant in a criminal case | 1093 |
or the alleged delinquent child in a delinquent child case | 1094 |
involving a violation of section 2903.01, 2903.02, or 2903.03, a | 1095 |
violation of section 2903.04 or 2903.06 that is a felony of the | 1096 |
first or second degree, a violation of section 2907.02 or 2907.03 | 1097 |
or of division (A)(4) or (B) of section 2907.05 of the Revised | 1098 |
Code, or an attempt to commit a violation of section 2907.02 of | 1099 |
the Revised Code, a governmental evidence-retention entity that | 1100 |
possesses biological evidence shall prepare an inventory of the | 1101 |
biological evidence that has been preserved in connection with the | 1102 |
defendant's criminal case or the alleged delinquent child's | 1103 |
delinquent child case. | 1104 |
(i) All persons who remain in custody, incarcerated, in a | 1116 |
department of youth services institution or other juvenile | 1117 |
facility, under a community control sanction, under any order of | 1118 |
disposition, on probation or parole, under judicial release or | 1119 |
supervised release, under post-release control, involved in civil | 1120 |
litigation, or subject to registration and other duties imposed | 1121 |
for that offense or act under sections 2950.04, 2950.041, 2950.05, | 1122 |
and 2950.06 of the Revised Code as a result of a criminal | 1123 |
conviction, delinquency adjudication, or commitment related to the | 1124 |
evidence in question; | 1125 |
(6) Except as otherwise provided in division (B)(7) of this | 1143 |
section, if, after providing notice under division (B)(5)(b) of | 1144 |
this section of its intent to destroy evidence, a governmental | 1145 |
evidence-retention entity receives a written request for retention | 1146 |
of the evidence from any person to whom the notice is provided, | 1147 |
the governmental evidence-retention entity shall retain the | 1148 |
evidence while the person referred to in division (B)(5)(b)(i) of | 1149 |
this section remains in custody, incarcerated, in a department of | 1150 |
youth services institution or other juvenile facility, under a | 1151 |
community control sanction, under any order of disposition, on | 1152 |
probation or parole, under judicial release or supervised release, | 1153 |
under post-release control, involved in civil litigation, or | 1154 |
subject to registration and other duties imposed for that offense | 1155 |
or act under sections 2950.04, 2950.041, 2950.05, and 2950.06 of | 1156 |
the Revised Code as a result of a criminal conviction, delinquency | 1157 |
adjudication, or commitment related to the evidence in question. | 1158 |
(7) A governmental evidence-retention entity that possesses | 1159 |
biological evidence that includes biological material may destroy | 1160 |
the evidence five years after a person pleads guilty or no contest | 1161 |
to a violation of section 2903.01, 2903.02, or 2903.03, a | 1162 |
violation of 2903.04 or 2903.06 that is a felony of the first or | 1163 |
second degree, a violation of section 2907.02, 2907.03, division | 1164 |
(A)(4) or (B) of section 2907.05, or an attempt to commit a | 1165 |
violation of section 2907.02 of the Revised Code and all appeals | 1166 |
have been exhausted unless, upon a motion to the court by the | 1167 |
person who pleaded guilty or no contest or the person's attorney | 1168 |
and notice to those persons described in division (B)(5)(b) of | 1169 |
this section requesting that the evidence not be destroyed, the | 1170 |
court finds good cause as to why that evidence must be retained. | 1171 |
(8) A governmental evidence-retention entity shall not be | 1172 |
required to preserve physical evidence pursuant to this section | 1173 |
that is of such a size, bulk, or physical character as to render | 1174 |
retention impracticable. When retention of physical evidence that | 1175 |
otherwise would be required to be retained pursuant to this | 1176 |
section is impracticable as described in this division, the | 1177 |
governmental evidence-retention entity that otherwise would be | 1178 |
required to retain the physical evidence shall remove and preserve | 1179 |
portions of the material evidence likely to contain biological | 1180 |
evidence related to the offense, in a quantity sufficient to | 1181 |
permit future DNA testing before returning or disposing of that | 1182 |
physical evidence. | 1183 |
(B) A test or tests as provided in division (A) of this | 1213 |
section may be administered at the direction of a peace officer | 1214 |
having reasonable ground to stop or detain the person and, after | 1215 |
investigating the circumstances surrounding the operation of the | 1216 |
commercial motor vehicle, also having reasonable ground to believe | 1217 |
the person was driving the commercial vehicle while having a | 1218 |
measurable or detectable amount of alcohol or of a controlled | 1219 |
substance or a metabolite of a controlled substance in the | 1220 |
person's whole blood, blood serum or plasma, breath, or urine. Any | 1221 |
such test shall be given within two hours of the time of the | 1222 |
alleged violation. | 1223 |
(D) If a person refuses to submit to a test after being | 1232 |
warned as provided in division (C) of this section or submits to a | 1233 |
test that discloses the presence of a controlled substance or a | 1234 |
metabolite of a controlled substance, an alcohol concentration of | 1235 |
four-hundredths of one per cent or more by whole blood or breath, | 1236 |
an alcohol concentration of forty-eight-thousandths of one per | 1237 |
cent or more by blood serum or blood plasma, or an alcohol | 1238 |
concentration of fifty-six-thousandths of one per cent or more by | 1239 |
urine, the person immediately shall surrender the person's | 1240 |
commercial driver's license to the peace officer. The peace | 1241 |
officer shall forward the license, together with a sworn report, | 1242 |
to the registrar of motor vehicles certifying that the test was | 1243 |
requested pursuant to division (A) of this section and that the | 1244 |
person either refused to submit to testing or submitted to a test | 1245 |
that disclosed the presence of a controlled substance or a | 1246 |
metabolite of a controlled substance or a prohibited alcohol | 1247 |
concentration. The form and contents of the report required by | 1248 |
this section shall be established by the registrar by rule, but | 1249 |
shall contain the advice to be read to the driver and a statement | 1250 |
to be signed by the driver acknowledging that the driver has been | 1251 |
read the advice and that the form was shown to the driver. | 1252 |
(F) A test of a person's whole blood or a person's blood | 1265 |
serum or plasma given under this section shall comply with the | 1266 |
applicable provisions of division (D) of section 4511.19 of the | 1267 |
Revised Code and any physician, registered nurse, emergency | 1268 |
medical technician-intermediate, emergency medical | 1269 |
technician-paramedic, or qualified technician, chemist, or | 1270 |
phlebotomist who withdraws whole blood or blood serum or plasma | 1271 |
from a person under this section, and any hospital, first-aid | 1272 |
station, clinic, or other facility at which whole blood or blood | 1273 |
serum or plasma is withdrawn from a person pursuant to this | 1274 |
section, is immune from criminal liability, and from civil | 1275 |
liability that is based upon a claim of assault and battery or | 1276 |
based upon any other claim of malpractice, for any act performed | 1277 |
in withdrawing whole blood or blood serum or plasma from the | 1278 |
person. The immunity provided in this division also extends to an | 1279 |
emergency medical service organization that employs an emergency | 1280 |
medical technician-intermediate or emergency medical | 1281 |
technician-paramedic who withdraws blood under this section. | 1282 |
(G) When a person submits to a test under this section, the | 1283 |
results of the test, at the person's request, shall be made | 1284 |
available to the person, the person's attorney, or the person's | 1285 |
agent, immediately upon completion of the chemical test analysis. | 1286 |
The person also may have an additional test administered by a | 1287 |
physician, a registered nurse, or a qualified technician, chemist, | 1288 |
or phlebotomist of the person's own choosing as provided in | 1289 |
division (D) of section 4511.19 of the Revised Code for tests | 1290 |
administered under that section, and the failure to obtain such a | 1291 |
test has the same effect as in that division. | 1292 |
(J)(1) Except for civil actions arising out of the operation | 1301 |
of a motor vehicle and civil actions in which the state is a | 1302 |
plaintiff, no peace officer of any law enforcement agency within | 1303 |
this state is liable in compensatory damages in any civil action | 1304 |
that arises under the Revised Code or common law of this state for | 1305 |
an injury, death, or loss to person or property caused in the | 1306 |
performance of official duties under this section and rules | 1307 |
adopted under this section, unless the officer's actions were | 1308 |
manifestly outside the scope of the officer's employment or | 1309 |
official responsibilities, or unless the officer acted with | 1310 |
malicious purpose, in bad faith, or in a wanton or reckless | 1311 |
manner. | 1312 |
(2) Except for civil actions that arise out of the operation | 1313 |
of a motor vehicle and civil actions in which the state is a | 1314 |
plaintiff, no peace officer of any law enforcement agency within | 1315 |
this state is liable in punitive or exemplary damages in any civil | 1316 |
action that arises under the Revised Code or common law of this | 1317 |
state for any injury, death, or loss to person or property caused | 1318 |
in the performance of official duties under this section of the | 1319 |
Revised Code and rules adopted under this section, unless the | 1320 |
officer's actions were manifestly outside the scope of the | 1321 |
officer's employment or official responsibilities, or unless the | 1322 |
officer acted with malicious purpose, in bad faith, or in a wanton | 1323 |
or reckless manner. | 1324 |
(L) The registrar immediately shall notify a driver who is | 1328 |
subject to disqualification of the disqualification, of the length | 1329 |
of the disqualification, and that the driver may request a hearing | 1330 |
within thirty days of the mailing of the notice to show cause why | 1331 |
the driver should not be disqualified from operating a commercial | 1332 |
motor vehicle. If a request for such a hearing is not made within | 1333 |
thirty days of the mailing of the notice, the order of | 1334 |
disqualification is final. The registrar may designate hearing | 1335 |
examiners who, after affording all parties reasonable notice, | 1336 |
shall conduct a hearing to determine whether the disqualification | 1337 |
order is supported by reliable evidence. The registrar shall adopt | 1338 |
rules to implement this division. | 1339 |
(I) The person is under the influence of alcohol, a drug of | 1438 |
abuse, or a combination of them, and, as measured by gas | 1439 |
chromatography mass spectrometry, the person has a concentration | 1440 |
of marihuana metabolite in the person's urine of at least fifteen | 1441 |
nanograms of marihuana metabolite per milliliter of the person's | 1442 |
urine or has a concentration of marihuana metabolite in the | 1443 |
person's whole blood or blood serum or plasma of at least five | 1444 |
nanograms of marihuana metabolite per milliliter of the person's | 1445 |
whole blood or blood serum or plasma. | 1446 |
(xi) The state board of pharmacy has adopted a rule pursuant | 1467 |
to section 4729.041 of the Revised Code that specifies the amount | 1468 |
of salvia divinorum and the amount of salvinorin A that constitute | 1469 |
concentrations of salvia divinorum and salvinorin A in a person's | 1470 |
urine, in a person's whole blood, or in a person's blood serum or | 1471 |
plasma at or above which the person is impaired for purposes of | 1472 |
operating any vehicle, streetcar, or trackless trolley within this | 1473 |
state, the rule is in effect, and the person has a concentration | 1474 |
of salvia divinorum or salvinorin A of at least that amount so | 1475 |
specified by rule in the person's urine, in the person's whole | 1476 |
blood, or in the person's blood serum or plasma. | 1477 |
(b) Subsequent to being arrested for operating the vehicle, | 1486 |
streetcar, or trackless trolley as described in division (A)(2)(a) | 1487 |
of this section, being asked by a law enforcement officer to | 1488 |
submit to a chemical test or tests under section 4511.191 of the | 1489 |
Revised Code, and being advised by the officer in accordance with | 1490 |
section 4511.192 of the Revised Code of the consequences of the | 1491 |
person's refusal or submission to the test or tests, refuse to | 1492 |
submit to the test or tests. | 1493 |
(b) In any criminal prosecution or juvenile court proceeding | 1524 |
for a violation of division (A) or (B) of this section or for an | 1525 |
equivalent offense that is vehicle-related, the court may admit | 1526 |
evidence on the concentration of alcohol, drugs of abuse, | 1527 |
controlled substances, metabolites of a controlled substance, or
| 1528 |
a combination of them in the defendant's whole blood, blood serum | 1529 |
or plasma, breath, urine, or other bodily substance at the time of | 1530 |
the alleged violation as shown by chemical analysis of the | 1531 |
substance withdrawn within three hours of the time of the alleged | 1532 |
violation. The three-hour time limit specified in this division | 1533 |
regarding the admission of
evidence does not extend or affect the | 1534 |
two-hour time limit specified in division (A) of section 4511.192 | 1535 |
of the Revised Code as the maximum period of time during which a | 1536 |
person may consent to a chemical test or tests as described in | 1537 |
that section. The court may admit evidence on the concentration of | 1538 |
alcohol, drugs of abuse, or a combination of them as described in | 1539 |
this division when a person submits to a blood, breath, urine, or | 1540 |
other bodily substance test at the request of a law enforcement | 1541 |
officer under section 4511.191 of the Revised Code or a blood or | 1542 |
urine sample is obtained pursuant to a search warrant. Only a | 1543 |
physician, a registered nurse, an emergency medical | 1544 |
technician-intermediate, an emergency medical | 1545 |
technician-paramedic, or a qualified technician, chemist, or | 1546 |
phlebotomist shall withdraw a blood sample for the purpose of | 1547 |
determining the alcohol, drug, controlled substance, metabolite of | 1548 |
a controlled substance, or combination content of the whole blood, | 1549 |
blood serum, or blood plasma. This limitation does not apply to | 1550 |
the taking of breath or urine specimens. A person authorized to | 1551 |
withdraw blood under this division may refuse to withdraw blood | 1552 |
under this division, if in that person's opinion, the physical | 1553 |
welfare of the person would be endangered by the withdrawing of | 1554 |
blood. | 1555 |
(2) In a criminal prosecution or juvenile court proceeding | 1565 |
for a violation of division (A) of this section or for an | 1566 |
equivalent offense that is vehicle-related, if there was at the | 1567 |
time the bodily substance was withdrawn a concentration of less | 1568 |
than the applicable concentration of alcohol specified in | 1569 |
divisions (A)(1)(b), (c), (d), and (e) of this section or less | 1570 |
than the applicable concentration of a listed controlled substance | 1571 |
or a listed metabolite of a controlled substance specified for a | 1572 |
violation of division (A)(1)(j) of this section, that fact may be | 1573 |
considered with other competent evidence in determining the guilt | 1574 |
or innocence of the defendant. This division does not limit or | 1575 |
affect a criminal prosecution or juvenile court proceeding for a | 1576 |
violation of division (B) of this section or for an equivalent | 1577 |
offense that is substantially equivalent to that division. | 1578 |
If the chemical test was obtained pursuant to division | 1583 |
(D)(1)(b) of this section, the person tested may have a physician, | 1584 |
a registered nurse, or a qualified technician, chemist, or | 1585 |
phlebotomist of the person's own choosing administer a chemical | 1586 |
test or tests, at the person's expense, in addition to any | 1587 |
administered at the request of a law enforcement officer. If the | 1588 |
person was under arrest as described in division (A)(5) of section | 1589 |
4511.191 of the Revised Code, the arresting officer shall advise | 1590 |
the person at the time of the arrest that the person may have an | 1591 |
independent chemical test taken at the person's own expense. If | 1592 |
the person was under arrest other than described in division | 1593 |
(A)(5) of section 4511.191 of the Revised Code, the form to be | 1594 |
read to the person to be tested, as required under section | 1595 |
4511.192 of the Revised Code, shall state that the person may have | 1596 |
an independent test performed at the person's expense. The failure | 1597 |
or inability to obtain an additional chemical test by a person | 1598 |
shall not preclude the admission of evidence relating to the | 1599 |
chemical test or tests taken at the request of a law enforcement | 1600 |
officer. | 1601 |
(b) In any criminal prosecution or juvenile court proceeding | 1607 |
for a violation of division (A) or (B) of this section, of a | 1608 |
municipal ordinance relating to operating a vehicle while under | 1609 |
the influence of alcohol, a drug of abuse, or alcohol and a drug | 1610 |
of abuse, or of a municipal ordinance relating to operating a | 1611 |
vehicle with a prohibited concentration of alcohol, a controlled | 1612 |
substance, or a metabolite of a controlled substance in the whole | 1613 |
blood, blood serum or plasma, breath, or urine, if a law | 1614 |
enforcement officer has administered a field sobriety test to the | 1615 |
operator of the vehicle involved in the violation and if it is | 1616 |
shown by clear and convincing evidence that the officer | 1617 |
administered the test in substantial compliance with the testing | 1618 |
standards for any reliable, credible, and generally accepted field | 1619 |
sobriety tests that were in effect at the time the tests were | 1620 |
administered, including, but not limited to, any testing standards | 1621 |
then in effect that were set by the national highway traffic | 1622 |
safety administration, all of the following apply: | 1623 |
(E)(1) Subject to division (E)(3) of this section, in any | 1642 |
criminal prosecution or juvenile court proceeding for a violation | 1643 |
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) | 1644 |
or (B)(1), (2), (3), or (4) of this section or for an equivalent | 1645 |
offense that is substantially equivalent to any of those | 1646 |
divisions, a laboratory report from any laboratory personnel | 1647 |
issued a permit by the department of health authorizing an | 1648 |
analysis as described in this division that contains an analysis | 1649 |
of the whole blood, blood serum or plasma, breath, urine, or other | 1650 |
bodily substance tested and that contains all of the information | 1651 |
specified in this division shall be admitted as prima-facie | 1652 |
evidence of the information and statements that the report | 1653 |
contains. The laboratory report shall contain all of the | 1654 |
following: | 1655 |
(3) A report of the type described in division (E)(1) of this | 1680 |
section shall not be prima-facie evidence of the contents, | 1681 |
identity, or amount of any substance if, within seven days after | 1682 |
the defendant to whom the report pertains or the defendant's | 1683 |
attorney receives a copy of the report, the defendant or the | 1684 |
defendant's attorney demands the testimony of the person who | 1685 |
signed the report. The judge in the case may extend the seven-day | 1686 |
time limit in the interest of justice. | 1687 |
(F) Except as otherwise provided in this division, any | 1688 |
physician, registered nurse, emergency medical | 1689 |
technician-intermediate, emergency medical technician-paramedic, | 1690 |
or qualified technician, chemist, or phlebotomist who withdraws | 1691 |
blood from a person pursuant to this section or section 4511.191 | 1692 |
or 4511.192 of the Revised Code, and any hospital, first-aid | 1693 |
station, or clinic at which blood is withdrawn from a person | 1694 |
pursuant to this section or section 4511.191 or 4511.192 of the | 1695 |
Revised Code, is immune from criminal liability and civil | 1696 |
liability based upon a claim of assault and battery or any other | 1697 |
claim that is not a claim of malpractice, for any act performed in | 1698 |
withdrawing blood from the person. The immunity provided in this | 1699 |
division also extends to an emergency medical service organization | 1700 |
that employs an emergency medical technician-intermediate or | 1701 |
emergency medical technician-paramedic who withdraws blood under | 1702 |
this section. The immunity provided in this division is not | 1703 |
available to a person who withdraws blood if the person engages in | 1704 |
willful or wanton misconduct. | 1705 |
(G)(1) Whoever violates any provision of divisions (A)(1)(a) | 1710 |
to (i) or (A)(2) of this section is guilty of operating a vehicle | 1711 |
under the influence of alcohol, a drug of abuse, or a combination | 1712 |
of them. Whoever violates division (A)(1)(j) of this section is | 1713 |
guilty of operating a vehicle while under the influence of a | 1714 |
listed controlled substance or a listed metabolite of a controlled | 1715 |
substance. The court shall sentence the offender for either | 1716 |
offense under Chapter 2929. of the Revised Code, except as | 1717 |
otherwise authorized or required by divisions (G)(1)(a) to (e) of | 1718 |
this section: | 1719 |
(i) If the sentence is being imposed for a violation of | 1724 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1725 |
mandatory jail term of three consecutive days. As used in this | 1726 |
division, three consecutive days means seventy-two consecutive | 1727 |
hours. The court may sentence an offender to both an intervention | 1728 |
program and a jail term. The court may impose a jail term in | 1729 |
addition to the three-day mandatory jail term or intervention | 1730 |
program. However, in no case shall the cumulative jail term | 1731 |
imposed for the offense exceed six months. | 1732 |
The court may suspend the execution of the three-day jail | 1733 |
term under this division if the court, in lieu of that suspended | 1734 |
term, places the offender under a community control sanction | 1735 |
pursuant to section 2929.25 of the Revised Code and requires the | 1736 |
offender to attend, for three consecutive days, a drivers' | 1737 |
intervention program certified under section 3793.10 of the | 1738 |
Revised Code. The court also may suspend the execution of any part | 1739 |
of the three-day jail term under this division if it places the | 1740 |
offender under a community control sanction pursuant to section | 1741 |
2929.25 of the Revised Code for part of the three days, requires | 1742 |
the offender to attend for the suspended part of the term a | 1743 |
drivers' intervention program so certified, and sentences the | 1744 |
offender to a jail term equal to the remainder of the three | 1745 |
consecutive days that the offender does not spend attending the | 1746 |
program. The court may require the offender, as a condition of | 1747 |
community control and in addition to the required attendance at a | 1748 |
drivers' intervention program, to attend and satisfactorily | 1749 |
complete any treatment or education programs that comply with the | 1750 |
minimum standards adopted pursuant to Chapter 3793. of the Revised | 1751 |
Code by the director of alcohol and drug addiction services that | 1752 |
the operators of the drivers' intervention program determine that | 1753 |
the offender should attend and to report periodically to the court | 1754 |
on the offender's progress in the programs. The court also may | 1755 |
impose on the offender any other conditions of community control | 1756 |
that it considers necessary. | 1757 |
(ii) If the sentence is being imposed for a violation of | 1758 |
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 1759 |
section, except as otherwise provided in this division, a | 1760 |
mandatory jail term of at least three consecutive days and a | 1761 |
requirement that the offender attend, for three consecutive days, | 1762 |
a drivers' intervention program that is certified pursuant to | 1763 |
section 3793.10 of the Revised Code. As used in this division, | 1764 |
three consecutive days means seventy-two consecutive hours. If the | 1765 |
court determines that the offender is not conducive to treatment | 1766 |
in a drivers' intervention program, if the offender refuses to | 1767 |
attend a drivers' intervention program, or if the jail at which | 1768 |
the offender is to serve the jail term imposed can provide a | 1769 |
driver's intervention program, the court shall sentence the | 1770 |
offender to a mandatory jail term of at least six consecutive | 1771 |
days. | 1772 |
The court may require the offender, under a community control | 1773 |
sanction imposed under section 2929.25 of the Revised Code, to | 1774 |
attend and satisfactorily complete any treatment or education | 1775 |
programs that comply with the minimum standards adopted pursuant | 1776 |
to Chapter 3793. of the Revised Code by the director of alcohol | 1777 |
and drug addiction services, in addition to the required | 1778 |
attendance at drivers' intervention program, that the operators of | 1779 |
the drivers' intervention program determine that the offender | 1780 |
should attend and to report periodically to the court on the | 1781 |
offender's progress in the programs. The court also may impose any | 1782 |
other conditions of community control on the offender that it | 1783 |
considers necessary. | 1784 |
(i) If the sentence is being imposed for a violation of | 1799 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1800 |
mandatory jail term of ten consecutive days. The court shall | 1801 |
impose the ten-day mandatory jail term under this division unless, | 1802 |
subject to division (G)(3) of this section, it instead imposes a | 1803 |
sentence under that division consisting of both a jail term and a | 1804 |
term of house arrest with electronic monitoring, with continuous | 1805 |
alcohol monitoring, or with both electronic monitoring and | 1806 |
continuous alcohol monitoring. The court may impose a jail term in | 1807 |
addition to the ten-day mandatory jail term. The cumulative jail | 1808 |
term imposed for the offense shall not exceed six months. | 1809 |
In addition to the jail term or the term of house arrest with | 1810 |
electronic monitoring or continuous alcohol monitoring or both | 1811 |
types of monitoring and jail term, the court shall require the | 1812 |
offender to be assessed by an alcohol and drug treatment program | 1813 |
that is authorized by section 3793.02 of the Revised Code, subject | 1814 |
to division (I) of this section, and shall order the offender to | 1815 |
follow the treatment recommendations of the program. The purpose | 1816 |
of the assessment is to determine the degree of the offender's | 1817 |
alcohol usage and to determine whether or not treatment is | 1818 |
warranted. Upon the request of the court, the program shall submit | 1819 |
the results of the assessment to the court, including all | 1820 |
treatment recommendations and clinical diagnoses related to | 1821 |
alcohol use. | 1822 |
(ii) If the sentence is being imposed for a violation of | 1823 |
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 1824 |
section, except as otherwise provided in this division, a | 1825 |
mandatory jail term of twenty consecutive days. The court shall | 1826 |
impose the twenty-day mandatory jail term under this division | 1827 |
unless, subject to division (G)(3) of this section, it instead | 1828 |
imposes a sentence under that division consisting of both a jail | 1829 |
term and a term of house arrest with electronic monitoring, with | 1830 |
continuous alcohol monitoring, or with both electronic monitoring | 1831 |
and continuous alcohol monitoring. The court may impose a jail | 1832 |
term in addition to the twenty-day mandatory jail term. The | 1833 |
cumulative jail term imposed for the offense shall not exceed six | 1834 |
months. | 1835 |
In addition to the jail term or the term of house arrest with | 1836 |
electronic monitoring or continuous alcohol monitoring or both | 1837 |
types of monitoring and jail term, the court shall require the | 1838 |
offender to be assessed by an alcohol and drug treatment program | 1839 |
that is authorized by section 3793.02 of the Revised Code, subject | 1840 |
to division (I) of this section, and shall order the offender to | 1841 |
follow the treatment recommendations of the program. The purpose | 1842 |
of the assessment is to determine the degree of the offender's | 1843 |
alcohol usage and to determine whether or not treatment is | 1844 |
warranted. Upon the request of the court, the program shall submit | 1845 |
the results of the assessment to the court, including all | 1846 |
treatment recommendations and clinical diagnoses related to | 1847 |
alcohol use. | 1848 |
(i) If the sentence is being imposed for a violation of | 1871 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1872 |
mandatory jail term of thirty consecutive days. The court shall | 1873 |
impose the thirty-day mandatory jail term under this division | 1874 |
unless, subject to division (G)(3) of this section, it instead | 1875 |
imposes a sentence under that division consisting of both a jail | 1876 |
term and a term of house arrest with electronic monitoring, with | 1877 |
continuous alcohol monitoring, or with both electronic monitoring | 1878 |
and continuous alcohol monitoring. The court may impose a jail | 1879 |
term in addition to the thirty-day mandatory jail term. | 1880 |
Notwithstanding the jail terms set forth in sections 2929.21 to | 1881 |
2929.28 of the Revised Code, the additional jail term shall not | 1882 |
exceed one year, and the cumulative jail term imposed for the | 1883 |
offense shall not exceed one year. | 1884 |
(ii) If the sentence is being imposed for a violation of | 1885 |
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 1886 |
section, a mandatory jail term of sixty consecutive days. The | 1887 |
court shall impose the sixty-day mandatory jail term under this | 1888 |
division unless, subject to division (G)(3) of this section, it | 1889 |
instead imposes a sentence under that division consisting of both | 1890 |
a jail term and a term of house arrest with electronic monitoring, | 1891 |
with continuous alcohol monitoring, or with both electronic | 1892 |
monitoring and continuous alcohol monitoring. The court may impose | 1893 |
a jail term in addition to the sixty-day mandatory jail term.
| 1894 |
Notwithstanding the jail terms set forth in sections 2929.21 to | 1895 |
2929.28 of the Revised Code, the additional jail term shall not | 1896 |
exceed one year, and the cumulative jail term imposed for the | 1897 |
offense shall not exceed one year. | 1898 |
(vi) In all cases, the court shall order the offender to | 1916 |
participate in an alcohol and drug addiction program authorized by | 1917 |
section 3793.02 of the Revised Code, subject to division (I) of | 1918 |
this section, and shall order the offender to follow the treatment | 1919 |
recommendations of the program. The operator of the program shall | 1920 |
determine and assess the degree of the offender's alcohol | 1921 |
dependency and shall make recommendations for treatment. Upon the | 1922 |
request of the court, the program shall submit the results of the | 1923 |
assessment to the court, including all treatment recommendations | 1924 |
and clinical diagnoses related to alcohol use. | 1925 |
(d) Except as otherwise provided in division (G)(1)(e) of | 1926 |
this section, an offender who, within six years of the offense, | 1927 |
previously has been convicted of or pleaded guilty to three or | 1928 |
four violations of division (A) or (B) of this section or other | 1929 |
equivalent offenses or an offender who, within twenty years of the | 1930 |
offense, previously has been convicted of or pleaded guilty to | 1931 |
five or more violations of that nature is guilty of a felony of | 1932 |
the fourth degree. The court shall sentence the offender to all of | 1933 |
the following: | 1934 |
(i) If the sentence is being imposed for a violation of | 1935 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1936 |
mandatory prison term of one, two, three, four, or five years as | 1937 |
required by and in accordance with division (G)(2) of section | 1938 |
2929.13 of the Revised Code if the offender also is convicted of | 1939 |
or also pleads guilty to a specification of the type described in | 1940 |
section 2941.1413 of the Revised Code or, in the discretion of the | 1941 |
court, either a mandatory term of local incarceration of sixty | 1942 |
consecutive days in accordance with division (G)(1) of section | 1943 |
2929.13 of the Revised Code or a mandatory prison term of sixty | 1944 |
consecutive days in accordance with division (G)(2) of that | 1945 |
section if the offender is not convicted of and does not plead | 1946 |
guilty to a specification of that type. If the court imposes a | 1947 |
mandatory term of local incarceration, it may impose a jail term | 1948 |
in addition to the sixty-day mandatory term, the cumulative total | 1949 |
of the mandatory term and the jail term for the offense shall not | 1950 |
exceed one year, and, except as provided in division (A)(1) of | 1951 |
section 2929.13 of the Revised Code, no prison term is authorized | 1952 |
for the offense. If the court imposes a mandatory prison term, | 1953 |
notwithstanding division (A)(4) of section 2929.14 of the Revised | 1954 |
Code, it also may sentence the offender to a definite prison term | 1955 |
that shall be not less than six months and not more than thirty | 1956 |
months and the prison terms shall be imposed as described in | 1957 |
division (G)(2) of section 2929.13 of the Revised Code. If the | 1958 |
court imposes a mandatory prison term or mandatory prison term and | 1959 |
additional prison term, in addition to the term or terms so | 1960 |
imposed, the court also may sentence the offender to a community | 1961 |
control sanction for the offense, but the offender shall serve all | 1962 |
of the prison terms so imposed prior to serving the community | 1963 |
control sanction. | 1964 |
(ii) If the sentence is being imposed for a violation of | 1965 |
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 1966 |
section, a mandatory prison term of one, two, three, four, or five | 1967 |
years as required by and in accordance with division (G)(2) of | 1968 |
section 2929.13 of the Revised Code if the offender also is | 1969 |
convicted of or also pleads guilty to a specification of the type | 1970 |
described in section 2941.1413 of the Revised Code or, in the | 1971 |
discretion of the court, either a mandatory term of local | 1972 |
incarceration of one hundred twenty consecutive days in accordance | 1973 |
with division (G)(1) of section 2929.13 of the Revised Code or a | 1974 |
mandatory prison term of one hundred twenty consecutive days in | 1975 |
accordance with division (G)(2) of that section if the offender is | 1976 |
not convicted of and does not plead guilty to a specification of | 1977 |
that type. If the court imposes a mandatory term of local | 1978 |
incarceration, it may impose a jail term in addition to the one | 1979 |
hundred twenty-day mandatory term, the cumulative total of the | 1980 |
mandatory term and the jail term for the offense shall not exceed | 1981 |
one year, and, except as provided in division (A)(1) of section | 1982 |
2929.13 of the Revised Code, no prison term is authorized for the | 1983 |
offense. If the court imposes a mandatory prison term, | 1984 |
notwithstanding division (A)(4) of section 2929.14 of the Revised | 1985 |
Code, it also may sentence the offender to a definite prison term | 1986 |
that shall be not less than six months and not more than thirty | 1987 |
months and the prison terms shall be imposed as described in | 1988 |
division (G)(2) of section 2929.13 of the Revised Code. If the | 1989 |
court imposes a mandatory prison term or mandatory prison term and | 1990 |
additional prison term, in addition to the term or terms so | 1991 |
imposed, the court also may sentence the offender to a community | 1992 |
control sanction for the offense, but the offender shall serve all | 1993 |
of the prison terms so imposed prior to serving the community | 1994 |
control sanction. | 1995 |
(vi) In all cases, the court shall order the offender to | 2012 |
participate in an alcohol and drug addiction program authorized by | 2013 |
section 3793.02 of the Revised Code, subject to division (I) of | 2014 |
this section, and shall order the offender to follow the treatment | 2015 |
recommendations of the program. The operator of the program shall | 2016 |
determine and assess the degree of the offender's alcohol | 2017 |
dependency and shall make recommendations for treatment. Upon the | 2018 |
request of the court, the program shall submit the results of the | 2019 |
assessment to the court, including all treatment recommendations | 2020 |
and clinical diagnoses related to alcohol use. | 2021 |
(i) If the offender is being sentenced for a violation of | 2034 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 2035 |
mandatory prison term of one, two, three, four, or five years as | 2036 |
required by and in accordance with division (G)(2) of section | 2037 |
2929.13 of the Revised Code if the offender also is convicted of | 2038 |
or also pleads guilty to a specification of the type described in | 2039 |
section 2941.1413 of the Revised Code or a mandatory prison term | 2040 |
of sixty consecutive days in accordance with division (G)(2) of | 2041 |
section 2929.13 of the Revised Code if the offender is not | 2042 |
convicted of and does not plead guilty to a specification of that | 2043 |
type. The court may impose a prison term in addition to the | 2044 |
mandatory prison term. The cumulative total of a sixty-day | 2045 |
mandatory prison term and the additional prison term for the | 2046 |
offense shall not exceed five years. In addition to the mandatory | 2047 |
prison term or mandatory prison term and additional prison term | 2048 |
the court imposes, the court also may sentence the offender to a | 2049 |
community control sanction for the offense, but the offender shall | 2050 |
serve all of the prison terms so imposed prior to serving the | 2051 |
community control sanction. | 2052 |
(ii) If the sentence is being imposed for a violation of | 2053 |
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 2054 |
section, a mandatory prison term of one, two, three, four, or five | 2055 |
years as required by and in accordance with division (G)(2) of | 2056 |
section 2929.13 of the Revised Code if the offender also is | 2057 |
convicted of or also pleads guilty to a specification of the type | 2058 |
described in section 2941.1413 of the Revised Code or a mandatory | 2059 |
prison term of one hundred twenty consecutive days in accordance | 2060 |
with division (G)(2) of section 2929.13 of the Revised Code if the | 2061 |
offender is not convicted of and does not plead guilty to a | 2062 |
specification of that type. The court may impose a prison term in | 2063 |
addition to the mandatory prison term. The cumulative total of a | 2064 |
one hundred twenty-day mandatory prison term and the additional | 2065 |
prison term for the offense shall not exceed five years. In | 2066 |
addition to the mandatory prison term or mandatory prison term and | 2067 |
additional prison term the court imposes, the court also may | 2068 |
sentence the offender to a community control sanction for the | 2069 |
offense, but the offender shall serve all of the prison terms so | 2070 |
imposed prior to serving the community control sanction. | 2071 |
(vi) In all cases, the court shall order the offender to | 2088 |
participate in an alcohol and drug addiction program authorized by | 2089 |
section 3793.02 of the Revised Code, subject to division (I) of | 2090 |
this section, and shall order the offender to follow the treatment | 2091 |
recommendations of the program. The operator of the program shall | 2092 |
determine and assess the degree of the offender's alcohol | 2093 |
dependency and shall make recommendations for treatment. Upon the | 2094 |
request of the court, the program shall submit the results of the | 2095 |
assessment to the court, including all treatment recommendations | 2096 |
and clinical diagnoses related to alcohol use. | 2097 |
(3) If an offender is sentenced to a jail term under division | 2105 |
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and | 2106 |
if, within sixty days of sentencing of the offender, the court | 2107 |
issues a written finding on the record that, due to the | 2108 |
unavailability of space at the jail where the offender is required | 2109 |
to serve the term, the offender will not be able to begin serving | 2110 |
that term within the sixty-day period following the date of | 2111 |
sentencing, the court may impose an alternative sentence under | 2112 |
this division that includes a term of house arrest with electronic | 2113 |
monitoring, with continuous alcohol monitoring, or with both | 2114 |
electronic monitoring and continuous alcohol monitoring. | 2115 |
As an alternative to a mandatory jail term of ten consecutive | 2116 |
days required by division (G)(1)(b)(i) of this section, the court, | 2117 |
under this division, may sentence the offender to five consecutive | 2118 |
days in jail and not less than eighteen consecutive days of house | 2119 |
arrest with electronic monitoring, with continuous alcohol | 2120 |
monitoring, or with both electronic monitoring and continuous | 2121 |
alcohol monitoring. The cumulative total of the five consecutive | 2122 |
days in jail and the period of house arrest with electronic | 2123 |
monitoring, continuous alcohol monitoring, or both types of | 2124 |
monitoring shall not exceed six months. The five consecutive days | 2125 |
in jail do not have to be served prior to or consecutively to the | 2126 |
period of house arrest. | 2127 |
As an alternative to the mandatory jail term of twenty | 2128 |
consecutive days required by division (G)(1)(b)(ii) of this | 2129 |
section, the court, under this division, may sentence the offender | 2130 |
to ten consecutive days in jail and not less than thirty-six | 2131 |
consecutive days of house arrest with electronic monitoring, with | 2132 |
continuous alcohol monitoring, or with both electronic monitoring | 2133 |
and continuous alcohol monitoring. The cumulative total of the ten | 2134 |
consecutive days in jail and the period of house arrest with | 2135 |
electronic monitoring, continuous alcohol monitoring, or both | 2136 |
types of monitoring shall not exceed six months. The ten | 2137 |
consecutive days in jail do not have to be served prior to or | 2138 |
consecutively to the period of house arrest. | 2139 |
As an alternative to a mandatory jail term of thirty | 2140 |
consecutive days required by division (G)(1)(c)(i) of this | 2141 |
section, the court, under this division, may sentence the offender | 2142 |
to fifteen consecutive days in jail and not less than fifty-five | 2143 |
consecutive days of house arrest with electronic monitoring, with | 2144 |
continuous alcohol monitoring, or with both electronic monitoring | 2145 |
and continuous alcohol monitoring. The cumulative total of the | 2146 |
fifteen consecutive days in jail and the period of house arrest | 2147 |
with electronic monitoring, continuous alcohol monitoring, or both | 2148 |
types of monitoring shall not exceed one year. The fifteen | 2149 |
consecutive days in jail do not have to be served prior to or | 2150 |
consecutively to the period of house arrest. | 2151 |
As an alternative to the mandatory jail term of sixty | 2152 |
consecutive days required by division (G)(1)(c)(ii) of this | 2153 |
section, the court, under this division, may sentence the offender | 2154 |
to thirty consecutive days in jail and not less than one hundred | 2155 |
ten consecutive days of house arrest with electronic monitoring, | 2156 |
with continuous alcohol monitoring, or with both electronic | 2157 |
monitoring and continuous alcohol monitoring. The cumulative total | 2158 |
of the thirty consecutive days in jail and the period of house | 2159 |
arrest with electronic monitoring, continuous alcohol monitoring, | 2160 |
or both types of monitoring shall not exceed one year. The thirty | 2161 |
consecutive days in jail do not have to be served prior to or | 2162 |
consecutively to the period of house arrest. | 2163 |
(4) If an offender's driver's or occupational driver's | 2164 |
license or permit or nonresident operating privilege is suspended | 2165 |
under division (G) of this section and if section 4510.13 of the | 2166 |
Revised Code permits the court to grant limited driving | 2167 |
privileges, the court may grant the limited driving privileges in | 2168 |
accordance with that section. If division (A)(7) of that section | 2169 |
requires that the court impose as a condition of the privileges | 2170 |
that the offender must display on the vehicle that is driven | 2171 |
subject to the privileges restricted license plates that are | 2172 |
issued under section 4503.231 of the Revised Code, except as | 2173 |
provided in division (B) of that section, the court shall impose | 2174 |
that condition as one of the conditions of the limited driving | 2175 |
privileges granted to the offender, except as provided in division | 2176 |
(B) of section 4503.231 of the Revised Code. | 2177 |
(a) Twenty-five dollars of the fine imposed under division | 2180 |
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under | 2181 |
division (G)(1)(b)(iii), one hundred twenty-three dollars of the | 2182 |
fine imposed under division (G)(1)(c)(iii), and two hundred ten | 2183 |
dollars of the fine imposed under division (G)(1)(d)(iii) or | 2184 |
(e)(iii) of this section shall be paid to an enforcement and | 2185 |
education fund established by the legislative authority of the law | 2186 |
enforcement agency in this state that primarily was responsible | 2187 |
for the arrest of the offender, as determined by the court that | 2188 |
imposes the fine. The agency shall use this share to pay only | 2189 |
those costs it incurs in enforcing this section or a municipal OVI | 2190 |
ordinance and in informing the public of the laws governing the | 2191 |
operation of a vehicle while under the influence of alcohol, the | 2192 |
dangers of the operation of a vehicle under the influence of | 2193 |
alcohol, and other information relating to the operation of a | 2194 |
vehicle under the influence of alcohol and the consumption of | 2195 |
alcoholic beverages. | 2196 |
(b) Fifty dollars of the fine imposed under division | 2197 |
(G)(1)(a)(iii) of this section shall be paid to the political | 2198 |
subdivision that pays the cost of housing the offender during the | 2199 |
offender's term of incarceration. If the offender is being | 2200 |
sentenced for a violation of division (A)(1)(a), (b), (c), (d), | 2201 |
(e), or (j) of this section and was confined as a result of the | 2202 |
offense prior to being sentenced for the offense but is not | 2203 |
sentenced to a term of incarceration, the fifty dollars shall be | 2204 |
paid to the political subdivision that paid the cost of housing | 2205 |
the offender during that period of confinement. The political | 2206 |
subdivision shall use the share under this division to pay or | 2207 |
reimburse incarceration or treatment costs it incurs in housing or | 2208 |
providing drug and alcohol treatment to persons who violate this | 2209 |
section or a municipal OVI ordinance, costs of any immobilizing or | 2210 |
disabling device used on the offender's vehicle, and costs of | 2211 |
electronic house arrest equipment needed for persons who violate | 2212 |
this section. | 2213 |
(d) One hundred fifteen dollars of the fine imposed under | 2221 |
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the | 2222 |
fine imposed under division (G)(1)(c)(iii), and four hundred forty | 2223 |
dollars of the fine imposed under division (G)(1)(d)(iii) or | 2224 |
(e)(iii) of this section shall be paid to the political | 2225 |
subdivision that pays the cost of housing the offender during the | 2226 |
offender's term of incarceration. The political subdivision shall | 2227 |
use this share to pay or reimburse incarceration or treatment | 2228 |
costs it incurs in housing or providing drug and alcohol treatment | 2229 |
to persons who violate this section or a municipal OVI ordinance, | 2230 |
costs for any immobilizing or disabling device used on the | 2231 |
offender's vehicle, and costs of electronic house arrest equipment | 2232 |
needed for persons who violate this section. | 2233 |
(e) Fifty dollars of the fine imposed under divisions | 2234 |
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii), | 2235 |
and (G)(1)(e)(iii) of this section shall be deposited into the | 2236 |
special projects fund of the court in which the offender was | 2237 |
convicted and that is established under division (E)(1) of section | 2238 |
2303.201, division (B)(1) of section 1901.26, or division (B)(1) | 2239 |
of section 1907.24 of the Revised Code, to be used exclusively to | 2240 |
cover the cost of immobilizing or disabling devices, including | 2241 |
certified ignition interlock devices, and remote alcohol | 2242 |
monitoring devices for indigent offenders who are required by a | 2243 |
judge to use either of these devices. If the court in which the | 2244 |
offender was convicted does not have a special projects fund that | 2245 |
is established under division (E)(1) of section 2303.201, division | 2246 |
(B)(1) of section 1901.26, or division (B)(1) of section 1907.24 | 2247 |
of the Revised Code, the fifty dollars shall be deposited into the | 2248 |
indigent drivers interlock and alcohol monitoring fund under | 2249 |
division (I) of section 4511.191 of the Revised Code. | 2250 |
(6) If title to a motor vehicle that is subject to an order | 2262 |
of criminal forfeiture under division (G)(1)(c), (d), or (e) of | 2263 |
this section is assigned or transferred and division (B)(2) or (3) | 2264 |
of section 4503.234 of the Revised Code applies, in addition to or | 2265 |
independent of any other penalty established by law, the court may | 2266 |
fine the offender the value of the vehicle as determined by | 2267 |
publications of the national auto dealers association. The | 2268 |
proceeds of any fine so imposed shall be distributed in accordance | 2269 |
with division (C)(2) of that section. | 2270 |
(1) Except as otherwise provided in division (H)(2) of this | 2278 |
section, the offender is guilty of a misdemeanor of the fourth | 2279 |
degree. In addition to any other sanction imposed for the offense, | 2280 |
the court shall impose a class six suspension of the offender's | 2281 |
driver's license, commercial driver's license, temporary | 2282 |
instruction permit, probationary license, or nonresident operating | 2283 |
privilege from the range specified in division (A)(6) of section | 2284 |
4510.02 of the Revised Code. | 2285 |
(2) If, within one year of the offense, the offender | 2286 |
previously has been convicted of or pleaded guilty to one or more | 2287 |
violations of division (A) or (B) of this section or other | 2288 |
equivalent offenses, the offender is guilty of a misdemeanor of | 2289 |
the third degree. In addition to any other sanction imposed for | 2290 |
the offense, the court shall impose a class four suspension of the | 2291 |
offender's driver's license, commercial driver's license, | 2292 |
temporary instruction permit, probationary license, or nonresident | 2293 |
operating privilege from the range specified in division (A)(4) of | 2294 |
section 4510.02 of the Revised Code. | 2295 |
(2) If communications fail during an emergency situation or | 2376 |
the required response time prohibits communication, an EMT-I may | 2377 |
perform any of the services described in division (B) of this | 2378 |
section, if, in the judgment of the EMT-I, the life of the patient | 2379 |
is in immediate danger. Services performed under these | 2380 |
circumstances shall be performed in accordance with the protocols | 2381 |
for triage of adult and pediatric trauma victims established in | 2382 |
rules adopted under sections 4765.11 and 4765.40 of the Revised | 2383 |
Code and any applicable protocols adopted by the emergency medical | 2384 |
service organization with which the EMT-I is affiliated. | 2385 |
(2) If communications fail during an emergency situation or | 2415 |
the required response time prohibits communication, a paramedic | 2416 |
may perform any of the services described in division (B) of this | 2417 |
section, if, in the paramedic's judgment, the life of the patient | 2418 |
is in immediate danger. Services performed under these | 2419 |
circumstances shall be performed in accordance with the protocols | 2420 |
for triage of adult and pediatric trauma victims established in | 2421 |
rules adopted under sections 4765.11 and 4765.40 of the Revised | 2422 |
Code and any applicable protocols adopted by the emergency medical | 2423 |
service organization with which the paramedic is affiliated. | 2424 |