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 |