(h) The state board of pharmacy has adopted a rule pursuant | 86 |
to section 4729.041 of the Revised Code that specifies the amount | 87 |
of salvia divinorum and the amount of salvinorin A that constitute | 88 |
concentrations of salvia divinorum and salvinorin A in a person's | 89 |
urine, in a person's whole blood, or in a person's blood serum or | 90 |
plasma at or above which the person is impaired for purposes of | 91 |
operating or being in physical control of any vessel underway or | 92 |
manipulating any water skis, aquaplane, or similar device on the | 93 |
waters of this state, the rule is in effect, and the person has a | 94 |
concentration of salvia divinorum or salvinorin A of at least that | 95 |
amount so specified by rule in the person's urine, in the person's | 96 |
whole blood, or in the person's blood serum or plasma. | 97 |
(i) The person is under the influence of alcohol, a drug of | 99 |
abuse, or a combination of them, and, as measured by gas | 100 |
chromatography mass spectrometry, the person has a concentration | 101 |
of marihuana metabolite in the person's urine of at least fifteen | 102 |
nanograms of marihuana metabolite per milliliter of the person's | 103 |
urine or has a concentration of marihuana metabolite in the | 104 |
person's whole blood or blood serum or plasma of at least five | 105 |
nanograms of marihuana metabolite per milliliter of the person's | 106 |
whole blood or blood serum or plasma. | 107 |
(b) In any criminal prosecution
or juvenile court
proceeding | 160 |
for a violation of
division (A) or (B) of this
section
or
for an | 161 |
equivalent
offense that is watercraft-related, the court
may | 162 |
admit evidence on
the concentration of
alcohol,
drugs of
abuse, | 163 |
controlled substances, metabolites of a controlled
substance,
or | 164 |
a
combination of
them in the
defendant's
or child's
whole blood, | 165 |
blood serum or
plasma, urine,
or
breath at the time
of the | 166 |
alleged violation as
shown by
chemical
analysis of the
substance | 167 |
withdrawn, or
specimen taken
within
three hours of the
time of the | 168 |
alleged
violation. The three-hour time limit specified
in this | 169 |
division regarding the admission of evidence does not
extend or | 170 |
affect the two-hour time limit specified in division (C)
of | 171 |
section 1547.111 of the Revised Code as the maximum period of | 172 |
time during which a person may consent to a chemical test or tests | 173 |
as described in that section. The court may admit evidence on the | 174 |
concentration of alcohol, drugs of abuse, or a combination of them | 175 |
as described in this division when
a person submits to a blood, | 176 |
breath, urine, or other
bodily substance test at the request of a | 177 |
law enforcement
officer under section 1547.111 of the Revised | 178 |
Code or a blood or
urine sample is obtained pursuant to a search | 179 |
warrant. Only a
physician,
a
registered nurse, an emergency | 180 |
medical technician, or
a qualified
technician,
chemist,
or | 181 |
phlebotomist shall
withdraw blood for the
purpose of
determining
| 182 |
the alcohol, drug, controlled substance,
metabolite of
a | 183 |
controlled substance,
or combination
content
of
the whole
blood, | 184 |
blood serum, or blood plasma. This
limitation
does not
apply to | 185 |
the taking
of breath or urine specimens. A
person
authorized to | 186 |
withdraw blood
under this division may refuse
to
withdraw blood
| 187 |
under
this division
if, in
that person's
opinion, the
physical | 188 |
welfare of the
defendant or
child would be
endangered by | 189 |
withdrawing
blood. | 190 |
(2)
In a criminal prosecution or juvenile court
proceeding | 196 |
for a violation of division (A) of this section or for
an | 197 |
equivalent offense that is watercraft-related, if there
was at | 198 |
the time the
bodily substance was
taken a
concentration of
less | 199 |
than
the
applicable concentration
of
alcohol specified
for a | 200 |
violation of
division (A)(2), (3), (4),
or
(5) of this
section or | 201 |
less than the applicable concentration of a listed controlled | 202 |
substance or a listed metabolite of a controlled substance | 203 |
specified for a violation of division (A)(6) of this section,
that | 204 |
fact may
be considered with other
competent evidence
in | 205 |
determining the
guilt or innocence of the
defendant
or in making | 206 |
an
adjudication
for the child.
This
division
does not limit or | 207 |
affect a
criminal
prosecution or
juvenile court
proceeding for a | 208 |
violation of
division
(B) of this
section or for
a violation of a | 209 |
prohibition
that is
substantially
equivalent to
that division. | 210 |
If the chemical test was administered pursuant to
division | 215 |
(D)(1)(b) of this section, the person tested may have a | 216 |
physician,
a registered nurse,
or
a qualified technician, chemist, | 217 |
or
phlebotomist of the
person's own
choosing administer
a chemical | 218 |
test or tests in
addition to any administered at the
direction of | 219 |
a law enforcement
officer, and shall be so advised.
The failure or | 220 |
inability to
obtain an additional test by a person
shall not | 221 |
preclude the
admission of evidence relating to the test
or tests | 222 |
taken at the
direction of a law enforcement officer. | 223 |
(E)(1) In any criminal prosecution or juvenile court | 224 |
proceeding for a violation of division (A) or (B) of this section, | 225 |
of a municipal ordinance relating
to operating or being in | 226 |
physical control of any vessel underway
or to manipulating any | 227 |
water skis, aquaplane, or similar device on
the waters of this | 228 |
state while under the influence of alcohol, a
drug of abuse, or a | 229 |
combination of them, or of a municipal
ordinance relating to | 230 |
operating or being in physical control of
any vessel underway or | 231 |
to manipulating any water skis, aquaplane,
or similar device on | 232 |
the waters of this state with a prohibited
concentration of | 233 |
alcohol, a controlled substance, or a metabolite
of a controlled | 234 |
substance in the whole blood, blood serum or
plasma, breath, or | 235 |
urine, if a law enforcement officer has
administered a field | 236 |
sobriety test to the operator or person found
to be in physical | 237 |
control of the vessel underway involved in the
violation or the | 238 |
person manipulating the water skis, aquaplane, or
similar device | 239 |
involved in the violation and if it is shown by
clear and | 240 |
convincing evidence that the officer
administered the
test
in | 241 |
substantial compliance with the testing
standards for
reliable, | 242 |
credible, and generally accepted field
sobriety tests
for vehicles | 243 |
that were in effect at the time the
tests were
administered, | 244 |
including, but not limited to, any
testing standards
then in | 245 |
effect that have been set by the
national
highway traffic
safety | 246 |
administration, that by their
nature are not
clearly
inapplicable | 247 |
regarding the operation or
physical control
of
vessels underway or | 248 |
the manipulation of water
skis, aquaplanes,
or
similar devices, | 249 |
all of the following apply: | 250 |
(F)(1)
Subject to division
(F)(3) of this section, in
any | 269 |
criminal prosecution or juvenile court proceeding for a violation | 270 |
of division (A) or (B) of this
section or for an equivalent
| 271 |
offense that is substantially equivalent to either of
those | 272 |
divisions, the court shall
admit as prima-facie
evidence a | 273 |
laboratory report from any
laboratory
personnel issued a permit by | 274 |
the department of health authorizing an analysis as described in | 275 |
this division that
contains an analysis of
the whole blood, blood | 276 |
serum or plasma,
breath, urine, or other
bodily substance tested | 277 |
and that contains
all of the information
specified in this | 278 |
division. The laboratory
report shall contain
all of the | 279 |
following: | 280 |
(3) A report of the type described in division
(F)(1) of
this | 306 |
section shall not be prima-facie evidence of the contents, | 307 |
identity, or amount of any substance if, within seven days after | 308 |
the defendant or child to whom the report pertains or the | 309 |
defendant's
or child's attorney receives a copy of the report, the | 310 |
defendant or child or
the defendant's or child's attorney demands | 311 |
the testimony of the person who
signed the report. The judge in | 312 |
the case may extend the seven-day
time limit in the interest of | 313 |
justice. | 314 |
(G) Except as otherwise provided in this division, any | 315 |
physician, registered nurse, emergency medical technician, or | 316 |
qualified technician,
chemist,
or
phlebotomist who withdraws blood | 317 |
from a person
pursuant to this
section or section 1547.111 of the | 318 |
Revised Code, and a hospital,
first-aid station, or clinic at | 319 |
which
blood is withdrawn from a
person pursuant to this section | 320 |
or section 1547.111 of the Revised
Code, is
immune from criminal
| 321 |
and
civil liability
based upon a
claim of
assault and battery or
| 322 |
any
other
claim that is not
a
claim of
malpractice, for
any
act | 323 |
performed in withdrawing blood
from the
person. The immunity | 324 |
provided in this division also extends to an emergency medical | 325 |
service organization that employs an emergency medical technician | 326 |
who withdraws blood under this section.
The immunity
provided in | 327 |
this division is not
available to
a person who
withdraws blood if | 328 |
the person engages in
willful or
wanton
misconduct. | 329 |
(b) A violation of a municipal ordinance prohibiting a person | 363 |
from operating or being in physical control of any vessel underway | 364 |
or from manipulating any water skis, aquaplane, or similar device | 365 |
on the waters of this state while under the influence of alcohol, | 366 |
a drug of abuse, or a combination of them or prohibiting a person | 367 |
from operating or being in physical control of any vessel underway | 368 |
or from manipulating any water skis, aquaplane, or similar device | 369 |
on the waters of this state with a prohibited concentration of | 370 |
alcohol, a controlled substance, or a metabolite of a controlled | 371 |
substance in the whole blood, blood serum or plasma, breath, or | 372 |
urine; | 373 |
(3) Except as otherwise provided in division (D)(4) of this | 393 |
section, if the offender
previously
has
pleaded guilty to or been | 394 |
convicted of domestic
violence, a violation of
an existing or | 395 |
former municipal ordinance or law of this or any other state or | 396 |
the United States that is
substantially similar to domestic | 397 |
violence,
a violation of
section 2903.14,
2909.06, 2909.07, | 398 |
2911.12, 2911.211,
or 2919.22 of the Revised Code if the victim of | 399 |
the violation was a
family or
household member at the time of the | 400 |
violation, a violation of
an existing or former municipal | 401 |
ordinance or law of this or any other state or the United States | 402 |
that is substantially similar to any of those sections if the | 403 |
victim of the violation was a family or household member at the | 404 |
time of the commission of the violation, or any offense of | 405 |
violence if the victim of the offense was a family or household | 406 |
member at the time of the commission of the offense,
a violation | 407 |
of
division (A) or (B) of this section is a felony of
the
fourth | 408 |
degree, and, if the offender knew that the victim of the violation | 409 |
was pregnant at the time of the violation, the court shall impose | 410 |
a mandatory prison term on the offender pursuant to division | 411 |
(A)(D)(6) of this section, and a violation of division (C) of this | 412 |
section
is a
misdemeanor of the second degree. | 413 |
(4) If the offender previously has pleaded guilty to or been | 414 |
convicted of two or more offenses of domestic violence or two or | 415 |
more violations or offenses of the type described in division | 416 |
(D)(3) of this section involving a person who was a family or | 417 |
household member at the time of the violations or offenses, a | 418 |
violation of division (A) or (B) of this section is a felony of | 419 |
the third degree, and, if the offender knew that the victim of the | 420 |
violation was pregnant at the time of the violation, the court | 421 |
shall impose a mandatory prison term on the offender pursuant to | 422 |
division (A)(D)(6) of this section, and a violation of division | 423 |
(C)
of this section
is a misdemeanor of the first degree. | 424 |
(e) If the violation of division (A) or (B) of this section | 464 |
is a felony of the third degree and the offender, in committing | 465 |
the violation, caused serious physical harm to the pregnant | 466 |
woman's unborn or caused the termination of the pregnant
woman's | 467 |
pregnancy, notwithstanding the range of prison terms
prescribed | 468 |
in section 2929.14 of the Revised Code for a felony of
the third | 469 |
degree, the court shall impose a mandatory prison term
on the | 470 |
offender of either a definite term of one year or one of
the | 471 |
prison terms prescribed in section 2929.14 of the Revised Code | 472 |
for felonies of the third degree. | 473 |
(4) "Termination of the pregnant woman's pregnancy"
has the | 509 |
same meaning as "unlawful termination of another's
pregnancy," as | 510 |
set forth in section 2903.09 of the Revised Code,
as it relates | 511 |
to the pregnant woman. Division (C) of that section
applies | 512 |
regarding the use of the term in this section, except that
the | 513 |
second and third sentences of division (C)(1) of that section | 514 |
shall be construed for purposes of this section as if they | 515 |
included a reference to this section in the listing of Revised | 516 |
Code sections they contain. | 517 |
(a) The collection of any bodily substance of a person by a | 523 |
law enforcement officer, or by another person pursuant to the | 524 |
direction or advice of a law enforcement officer, for purposes of | 525 |
a chemical test or tests of the substance under division (A)(1) of | 526 |
section 1547.111 or division (A)(2) of section 4511.191 of the | 527 |
Revised Code to determine the alcohol, drug, controlled substance, | 528 |
metabolite of a controlled substance, or combination content of | 529 |
the bodily substance; | 530 |
If the offender is eligible to be sentenced to community | 559 |
control sanctions,
the court shall consider the
appropriateness of | 560 |
imposing a financial sanction pursuant to
section 2929.18 of the | 561 |
Revised Code or
a sanction of community service
pursuant to | 562 |
section 2929.17 of the Revised Code
as the sole sanction for the | 563 |
offense. Except as otherwise provided in this
division, if the | 564 |
court is required
to impose a mandatory prison term for the | 565 |
offense for which
sentence is being imposed, the court also shall | 566 |
impose any financial
sanction pursuant to section 2929.18 of the | 567 |
Revised
Code that is required for the offense and may impose any | 568 |
other financial sanction pursuant to that section but may not | 569 |
impose any additional sanction or
combination of sanctions under | 570 |
section 2929.16 or 2929.17 of the
Revised Code. | 571 |
(1) For a fourth degree felony OVI offense for which
sentence | 580 |
is
imposed under division (G)(1) of this section, an
additional | 581 |
community control sanction
or combination of community
control | 582 |
sanctions under section 2929.16 or 2929.17
of the Revised
Code. If | 583 |
the court imposes upon the offender a community control sanction | 584 |
and the offender violates any condition of the community control | 585 |
sanction, the court may take any action prescribed in division (B) | 586 |
of section 2929.15 of the Revised Code relative to the offender, | 587 |
including imposing a prison term on the offender pursuant to that | 588 |
division. | 589 |
(2)(a) If the court makes a finding
described in division | 627 |
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this | 628 |
section and if the court, after
considering the factors set forth | 629 |
in section 2929.12 of the
Revised Code, finds that a prison term | 630 |
is consistent with the purposes and principles of sentencing set | 631 |
forth in section 2929.11 of the Revised
Code and finds that the | 632 |
offender is not amenable to an available
community control | 633 |
sanction, the court shall impose a
prison term upon the offender. | 634 |
(b) Except as provided in division (E), (F), or (G) of this | 635 |
section, if the
court does not make a
finding described in | 636 |
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of | 637 |
this section and if the court, after
considering the factors set | 638 |
forth in section 2929.12 of the
Revised
Code, finds that a | 639 |
community
control sanction or combination of community control | 640 |
sanctions
is consistent with the purposes and principles of | 641 |
sentencing set
forth in section 2929.11 of the
Revised
Code, the | 642 |
court shall impose a
community control sanction or combination of | 643 |
community control
sanctions upon the offender. | 644 |
(C) Except as provided in division (D), (E), (F), or (G) of | 645 |
this
section, in
determining whether to impose a prison
term as a | 646 |
sanction for a felony of the
third degree or a felony drug offense | 647 |
that is a
violation of a provision of
Chapter 2925. of the
Revised | 648 |
Code and that is specified as
being subject to this division for | 649 |
purposes of sentencing, the
sentencing court shall comply with the | 650 |
purposes and principles
of sentencing under section 2929.11 of the | 651 |
Revised
Code and with section 2929.12
of the Revised Code. | 652 |
(D)(1) Except as provided in division (E)
or (F) of this | 653 |
section, for a felony of the first or
second degree, for a
felony | 654 |
drug offense that is a violation
of any provision of
Chapter | 655 |
2925., 3719., or 4729. of the
Revised Code for which a
presumption | 656 |
in favor of
a prison term is specified as being
applicable, and | 657 |
for a violation of division (A)(4) or (B) of section 2907.05 of | 658 |
the Revised Code for which a presumption in favor of a prison term | 659 |
is specified as being applicable, it is presumed
that a prison | 660 |
term is necessary in
order to comply
with the purposes and | 661 |
principles of sentencing
under section 2929.11 of the
Revised | 662 |
Code. Division (D)(2) of this section does not apply to a | 663 |
presumption established under this division for a violation of | 664 |
division (A)(4) of section 2907.05 of the Revised Code. | 665 |
(2) Notwithstanding the
presumption established
under | 666 |
division (D)(1) of this section for the offenses listed in that | 667 |
division other than a violation of division (A)(4) or (B) of | 668 |
section 2907.05 of the Revised Code, the sentencing court
may | 669 |
impose a community control sanction or a combination of
community | 670 |
control
sanctions instead of a prison term on an
offender for a | 671 |
felony of the first or
second degree or for a
felony drug offense | 672 |
that is a violation of any
provision of
Chapter 2925., 3719., or | 673 |
4729. of the Revised Code for which a
presumption in favor of a | 674 |
prison term is specified as being
applicable if
it makes both of | 675 |
the following findings: | 676 |
(E)(1) Except as provided in division
(F) of this section, | 691 |
for any drug offense that is a
violation of any provision of | 692 |
Chapter 2925.
of the Revised Code and that is a felony of the | 693 |
third, fourth, or fifth degree, the applicability of a
presumption | 694 |
under division (D) of this section in favor of a prison
term or of | 695 |
division (B) or (C) of this section in
determining
whether to | 696 |
impose a prison term for the offense shall be
determined as | 697 |
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, | 698 |
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the | 699 |
Revised Code,
whichever is applicable regarding the
violation. | 700 |
(3) A court
that sentences an offender for a drug abuse | 715 |
offense that is a
felony of the third, fourth, or fifth degree | 716 |
may require that the
offender be assessed by a properly | 717 |
credentialed professional
within a specified period of time. The | 718 |
court shall require the
professional to file a written assessment | 719 |
of the offender with the
court. If the offender is eligible for a | 720 |
community control sanction and after considering the written | 721 |
assessment, the court may
impose a community control sanction | 722 |
that includes treatment and recovery support services
authorized | 723 |
by section 3793.02 of the Revised Code. If the court imposes | 724 |
treatment and recovery support services as
a community control | 725 |
sanction, the court shall direct the level and
type of treatment | 726 |
and recovery support services after considering the assessment and | 727 |
recommendation of treatment and recovery support services | 728 |
providers. | 729 |
(F) Notwithstanding divisions (A) to
(E) of this section,
the | 730 |
court shall impose a prison
term or terms under sections
2929.02 | 731 |
to 2929.06, section 2929.14, section 2929.142, or section
2971.03 | 732 |
of the
Revised Code and except as specifically provided in
section | 733 |
2929.20 or 2967.191 of the Revised Code or when parole is | 734 |
authorized for the offense under section 2967.13 of the Revised | 735 |
Code shall not reduce the term or terms pursuant to section | 736 |
2929.20,
section
2967.193, or any other provision of
Chapter 2967. | 737 |
or
Chapter 5120. of
the Revised Code for any of the following | 738 |
offenses: | 739 |
(5) A first, second, or third degree felony drug
offense for | 770 |
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 771 |
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or | 772 |
4729.99 of the Revised Code, whichever is
applicable regarding the | 773 |
violation, requires the imposition of a
mandatory prison term; | 774 |
(6) Any offense that is a first or second degree felony
and | 775 |
that is not set forth in division (F)(1), (2), (3), or (4)
of this | 776 |
section, if the offender previously was convicted of or
pleaded | 777 |
guilty to aggravated murder, murder, any first or
second degree | 778 |
felony, or an offense under an existing or former law
of this | 779 |
state, another state, or the United States that is
or was | 780 |
substantially equivalent to one of those offenses; | 781 |
(16) Kidnapping, abduction, compelling prostitution, | 842 |
promoting prostitution, engaging in a pattern of corrupt activity, | 843 |
illegal use of a minor in a
nudity-oriented material or | 844 |
performance in violation of division (A)(1) or (2) of section | 845 |
2907.323 of the Revised Code, or endangering children in violation | 846 |
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of | 847 |
the Revised Code, if the offender is
convicted of or pleads | 848 |
guilty to a specification as described in
section 2941.1422 of | 849 |
the Revised Code that was included in the
indictment, count in | 850 |
the indictment, or information charging the
offense; | 851 |
(1) If the offender is being sentenced for a fourth degree | 867 |
felony
OVI offense and if the offender has not been convicted of | 868 |
and has not pleaded guilty to a specification of the type | 869 |
described in section 2941.1413 of the Revised Code, the court may | 870 |
impose upon the offender a
mandatory term
of local incarceration | 871 |
of sixty days or one hundred
twenty days as specified
in division | 872 |
(G)(1)(d) of section 4511.19
of
the Revised Code. The court
shall | 873 |
not reduce the term pursuant
to
section 2929.20, 2967.193, or any | 874 |
other provision of the
Revised
Code. The court that imposes a | 875 |
mandatory term of local
incarceration
under this division shall | 876 |
specify whether the term
is to be served in a
jail, a | 877 |
community-based correctional
facility, a halfway house, or an | 878 |
alternative residential facility,
and the
offender shall serve the | 879 |
term in the type of facility
specified
by the court. A mandatory | 880 |
term of local incarceration
imposed
under division (G)(1) of this | 881 |
section is not subject to
any other Revised Code
provision that | 882 |
pertains to a prison
term except as provided in
division (A)(1) | 883 |
of this section. | 884 |
(2) If the offender is being sentenced for a third
degree | 885 |
felony OVI offense,
or if the offender is being sentenced for a | 886 |
fourth degree felony OVI
offense and the court does not impose a | 887 |
mandatory term of local incarceration
under division (G)(1) of | 888 |
this section, the court shall impose upon the
offender a mandatory | 889 |
prison term of one, two, three, four, or five years if the | 890 |
offender also is convicted of or also pleads guilty to a | 891 |
specification of the type described in section 2941.1413 of the | 892 |
Revised Code or shall impose upon the offender a mandatory
prison | 893 |
term of sixty days or one hundred twenty days as specified
in | 894 |
division (G)(1)(d) or (e)
of
section 4511.19 of the Revised Code | 895 |
if the offender has not been convicted of and has not pleaded | 896 |
guilty to a specification of that type. The
court shall not reduce | 897 |
the term pursuant
to section
2929.20,
2967.193, or any other | 898 |
provision of the Revised Code. The offender shall serve the one-, | 899 |
two-, three-, four-, or five-year mandatory prison term | 900 |
consecutively to and prior to the prison term imposed for the | 901 |
underlying offense and consecutively to any other mandatory prison | 902 |
term imposed in relation to the offense. In
no case
shall an | 903 |
offender who once has been sentenced to a
mandatory term
of local | 904 |
incarceration pursuant to division (G)(1)
of this section
for a | 905 |
fourth degree felony OVI offense be
sentenced to another
mandatory | 906 |
term of local incarceration under
that division for any
violation | 907 |
of division
(A) of section 4511.19
of the Revised Code.
In | 908 |
addition to the mandatory prison term described in division (G)(2) | 909 |
of this section, the court may sentence the
offender to
a | 910 |
community control
sanction under section 2929.16 or 2929.17 of
the | 911 |
Revised
Code, but the offender shall serve the prison term prior | 912 |
to serving the community control sanction.
The department of | 913 |
rehabilitation and correction
may place an
offender
sentenced to a | 914 |
mandatory prison term under
this division
in an intensive
program | 915 |
prison established pursuant
to section
5120.033 of the Revised | 916 |
Code if the department gave the
sentencing
judge prior notice of | 917 |
its intent to
place the offender
in an
intensive program prison | 918 |
established under that
section and
if the
judge did not notify the | 919 |
department that the judge
disapproved the
placement. Upon the | 920 |
establishment of the initial
intensive
program prison pursuant to | 921 |
section 5120.033 of the
Revised Code
that is privately operated | 922 |
and managed by a
contractor pursuant to
a contract entered into | 923 |
under section
9.06
of the Revised Code,
both of the following | 924 |
apply: | 925 |
(I) If an offender is being sentenced
for a sexually
oriented | 942 |
offense or a child-victim oriented offense committed on or
after | 943 |
January 1,
1997, the judge
shall
include in the sentence a | 944 |
summary of the
offender's duties imposed under sections 2950.04, | 945 |
2950.041, 2950.05, and
2950.06 of the Revised Code and the | 946 |
duration of the duties. The
judge shall inform the offender, at | 947 |
the
time of sentencing, of
those duties and of their duration. If | 948 |
required
under division
(A)(2) of section 2950.03 of
the
Revised | 949 |
Code, the judge shall perform the
duties specified in that | 950 |
section, or, if required under division (A)(6) of section 2950.03 | 951 |
of the Revised Code, the judge shall perform the duties specified | 952 |
in that division. | 953 |
(2) When considering sentencing factors under this
section
in | 962 |
relation to an offender who is convicted of or pleads
guilty to
an | 963 |
attempt to commit a drug abuse offense for which
the penalty is | 964 |
determined by the amount or number of unit doses
of the controlled | 965 |
substance involved in the drug abuse offense,
the sentencing court | 966 |
shall consider the factors applicable to
the felony category that | 967 |
the drug abuse offense attempted would
be if that drug abuse | 968 |
offense had been committed and had
involved an amount or number of | 969 |
unit doses of the controlled
substance that is within the next | 970 |
lower range of controlled substance amounts
than was involved in | 971 |
the attempt. | 972 |
(L) At the time of sentencing an offender for any sexually | 975 |
oriented offense, if the offender is a
tier III sex | 976 |
offender/child-victim offender relative to that
offense and the | 977 |
offender does not serve a prison term or jail
term, the court may | 978 |
require that the offender be monitored by
means of a global | 979 |
positioning device. If the court requires such
monitoring, the | 980 |
cost of monitoring shall be borne by the offender.
If the | 981 |
offender is indigent, the cost of compliance shall be paid
by the | 982 |
crime victims reparations fund. | 983 |
(B) A test or tests as provided in division (A) of this | 992 |
section may be administered at the direction of a peace officer | 993 |
having reasonable ground to stop or detain the person and, after | 994 |
investigating the circumstances surrounding the operation of the | 995 |
commercial motor vehicle, also having reasonable ground to
believe | 996 |
the person was driving the commercial vehicle
while having a | 997 |
measurable or detectable amount of alcohol or of a
controlled | 998 |
substance or a metabolite of a controlled substance in the | 999 |
person's
whole blood,
blood serum or plasma,
breath, or urine.
Any | 1000 |
such test
shall be
given within two hours
of the time of the | 1001 |
alleged
violation. | 1002 |
(D) If a person refuses to submit to a test after being | 1011 |
warned as provided in division (C) of this section or submits to
a | 1012 |
test that discloses the presence of a controlled substance or a | 1013 |
metabolite of a controlled substance,
an
alcohol concentration of | 1014 |
four-hundredths of one per cent or
more by whole blood or breath, | 1015 |
an alcohol concentration of forty-eight-thousandths of one per | 1016 |
cent or more by blood serum or blood plasma, or an alcohol | 1017 |
concentration of fifty-six-thousandths of one per cent or more by | 1018 |
urine,
the person immediately
shall surrender the person's | 1019 |
commercial
driver's
license to the
peace officer.
The peace | 1020 |
officer shall
forward the license, together with a
sworn report, | 1021 |
to the
registrar of motor vehicles certifying that
the test was | 1022 |
requested
pursuant to division (A) of this section
and that the | 1023 |
person
either refused to submit to testing or
submitted to a test | 1024 |
that
disclosed the presence of a controlled
substance or a | 1025 |
metabolite of a controlled substance or a prohibited alcohol | 1026 |
concentration. The
form and contents of the report required
by | 1027 |
this section shall be
established by the registrar by rule,
but | 1028 |
shall contain the advice
to be read to the driver and a
statement | 1029 |
to be signed by the
driver acknowledging that
the driver has been | 1030 |
read
the advice and
that the form was shown to the driver. | 1031 |
(F) A
test
of a person's whole blood or a person's
blood | 1044 |
serum or plasma given under this section shall comply
with
the | 1045 |
applicable provisions of division (D) of section
4511.19 of
the | 1046 |
Revised Code and any physician, registered nurse, emergency | 1047 |
medical technician,
or qualified
technician, chemist,
or | 1048 |
phlebotomist who withdraws
whole blood
or
blood serum or plasma | 1049 |
from a
person under this section, and any
hospital, first-aid | 1050 |
station,
clinic,
or other facility at which
whole blood
or blood | 1051 |
serum or plasma is withdrawn
from a
person
pursuant to
this | 1052 |
section, is immune from criminal
liability, and
from civil | 1053 |
liability that is based upon a claim of
assault and
battery or | 1054 |
based upon any other claim of malpractice,
for any act
performed | 1055 |
in withdrawing
whole blood
or blood serum or plasma from
the | 1056 |
person. The immunity provided in this division also extends to an | 1057 |
emergency medical service organization that employs an emergency | 1058 |
medical technician who withdraws blood under this section. | 1059 |
(G) When a person submits to a test under this section,
the | 1060 |
results of the test, at the person's request, shall be
made | 1061 |
available
to the person, the person's attorney, or
the
person's | 1062 |
agent, immediately upon completion
of the chemical test analysis. | 1063 |
The person also may have an
additional test administered by a | 1064 |
physician, a registered nurse,
or a qualified technician,
chemist, | 1065 |
or
phlebotomist of the person's own
choosing as
provided
in | 1066 |
division (D) of section 4511.19 of the Revised
Code for tests | 1067 |
administered under that section, and the failure
to obtain such a | 1068 |
test has the same effect as in that division. | 1069 |
(J)(1) Except for civil actions arising out of the
operation | 1078 |
of a motor vehicle and civil actions in which the state
is a | 1079 |
plaintiff, no peace officer of any law enforcement agency
within | 1080 |
this state is liable in compensatory damages in any civil
action | 1081 |
that arises under the Revised Code or common law of this
state for | 1082 |
an injury, death, or loss to person or property caused
in the | 1083 |
performance of official duties under this section and
rules | 1084 |
adopted under this section, unless the officer's actions were | 1085 |
manifestly outside the scope of the officer's employment or | 1086 |
official
responsibilities, or unless the officer acted with | 1087 |
malicious
purpose, in bad faith, or in a wanton or reckless | 1088 |
manner. | 1089 |
(2) Except for civil actions that arise out of the
operation | 1090 |
of a motor vehicle and civil actions in which the state
is a | 1091 |
plaintiff, no peace officer of any law enforcement agency
within | 1092 |
this state is liable in punitive or exemplary damages in
any civil | 1093 |
action that arises under the Revised Code or common law
of this | 1094 |
state for any injury, death, or loss to person or
property caused | 1095 |
in the performance of official duties under
this
section of the | 1096 |
Revised Code and rules adopted under this section,
unless the | 1097 |
officer's actions were manifestly outside the scope of
the | 1098 |
officer's employment or official responsibilities, or
unless the | 1099 |
officer acted with malicious purpose, in bad faith, or in a
wanton | 1100 |
or reckless manner. | 1101 |
(L) The registrar immediately shall
notify a driver who is | 1105 |
subject to disqualification of the disqualification, of
the length | 1106 |
of the disqualification, and that the driver may request a hearing | 1107 |
within thirty days of the mailing of the notice to show cause why | 1108 |
the driver
should not be disqualified from operating a commercial | 1109 |
motor vehicle. If a
request for such a hearing is not made within | 1110 |
thirty days of the mailing of
the
notice, the order of | 1111 |
disqualification is final. The registrar may designate
hearing | 1112 |
examiners who, after affording all parties reasonable notice, | 1113 |
shall
conduct a hearing to determine whether the disqualification | 1114 |
order is supported
by reliable evidence. The registrar shall
adopt | 1115 |
rules to implement this
division. | 1116 |
(I) The person is under the influence of alcohol, a drug of | 1211 |
abuse, or a combination of them, and, as measured by gas | 1212 |
chromatography mass spectrometry, the person has a concentration | 1213 |
of marihuana metabolite in the person's urine of at least fifteen | 1214 |
nanograms of marihuana metabolite per milliliter of the person's | 1215 |
urine or has a concentration of marihuana metabolite in the | 1216 |
person's whole blood or blood serum or plasma of at least five | 1217 |
nanograms of marihuana metabolite per milliliter of the person's | 1218 |
whole blood or blood serum or plasma. | 1219 |
(xi) The state board of pharmacy has adopted a rule pursuant | 1240 |
to section 4729.041 of the Revised Code that specifies the amount | 1241 |
of salvia divinorum and the amount of salvinorin A that constitute | 1242 |
concentrations of salvia divinorum and salvinorin A in a person's | 1243 |
urine, in a person's whole blood, or in a person's blood serum or | 1244 |
plasma at or above which the person is impaired for purposes of | 1245 |
operating any vehicle, streetcar, or trackless trolley within this | 1246 |
state, the rule is in effect, and the person has a concentration | 1247 |
of salvia divinorum or salvinorin A of at least that amount so | 1248 |
specified by rule in the person's urine, in the person's whole | 1249 |
blood, or in the person's blood serum or plasma. | 1250 |
(b) Subsequent to being arrested for operating the vehicle, | 1259 |
streetcar, or trackless trolley as described in division (A)(2)(a) | 1260 |
of this section, being asked by a law enforcement officer to | 1261 |
submit to a chemical test or tests under section 4511.191 of the | 1262 |
Revised Code, and being advised by the officer in accordance with | 1263 |
section 4511.192 of the Revised Code of the consequences of the | 1264 |
person's refusal or submission to the test or tests, refuse to | 1265 |
submit to the test or tests. | 1266 |
(b) In any criminal prosecution or juvenile court
proceeding | 1297 |
for a violation of
division (A) or (B) of this section
or for an | 1298 |
equivalent
offense that is vehicle-related, the court may admit | 1299 |
evidence on the
concentration of
alcohol, drugs of abuse, | 1300 |
controlled substances,
metabolites of a controlled substance, or
| 1301 |
a combination of
them in
the
defendant's
whole blood,
blood serum | 1302 |
or plasma,
breath, urine,
or
other bodily
substance at the time | 1303 |
of the
alleged violation as
shown by
chemical analysis of the
| 1304 |
substance
withdrawn within
three hours of
the time of
the alleged | 1305 |
violation. The three-hour
time limit specified in this division | 1306 |
regarding the admission of
evidence does not extend or affect the | 1307 |
two-hour time limit
specified in division (A) of section 4511.192 | 1308 |
of the Revised Code
as the maximum period of time during which a | 1309 |
person may consent to
a chemical test or tests as described in | 1310 |
that section. The court
may admit evidence on the concentration | 1311 |
of alcohol, drugs of
abuse, or a combination of them as described | 1312 |
in this division when
a person submits to a blood, breath, urine, | 1313 |
or other bodily
substance test at the request of a
law | 1314 |
enforcement officer under
section 4511.191 of the
Revised
Code or | 1315 |
a blood or urine sample is
obtained pursuant to a search warrant. | 1316 |
Only a
physician, a
registered nurse, an emergency medical | 1317 |
technician, or a qualified
technician,
chemist,
or
phlebotomist | 1318 |
shall withdraw a blood sample for
the
purpose of
determining
the | 1319 |
alcohol, drug, controlled substance,
metabolite of
a controlled | 1320 |
substance, or
combination content
of
the whole
blood, blood | 1321 |
serum,
or blood plasma.
This
limitation
does
not
apply to the | 1322 |
taking of breath or urine
specimens. A
person
authorized to | 1323 |
withdraw blood under
this
division may
refuse to
withdraw blood
| 1324 |
under this division, if in
that person's
opinion,
the physical | 1325 |
welfare of
the person would
be
endangered
by the
withdrawing of | 1326 |
blood. | 1327 |
(2) In a criminal prosecution or juvenile court proceeding | 1333 |
for a violation of division (A) of this section
or for an | 1334 |
equivalent offense that is vehicle-related, if there was at the | 1335 |
time the
bodily substance
was
withdrawn a concentration of less | 1336 |
than
the
applicable
concentration of alcohol specified in | 1337 |
divisions (A)(1)(b), (c),
(d), and (e) of this section or less | 1338 |
than the applicable
concentration of a listed controlled | 1339 |
substance or a listed
metabolite of a controlled substance | 1340 |
specified for a violation of
division (A)(1)(j) of this section, | 1341 |
that fact
may be considered
with other
competent evidence
in | 1342 |
determining the guilt or
innocence of the
defendant. This
division | 1343 |
does not limit or
affect
a criminal
prosecution or
juvenile court | 1344 |
proceeding for a
violation of
division (B) of this
section or
for | 1345 |
an equivalent
offense that
is
substantially
equivalent to
that | 1346 |
division. | 1347 |
If the chemical test was obtained pursuant to division | 1352 |
(D)(1)(b) of this section, the person tested may have a physician, | 1353 |
a registered nurse,
or a qualified technician, chemist,
or | 1354 |
phlebotomist of the
person's own
choosing administer a chemical | 1355 |
test or tests,
at the
person's
expense, in addition to any | 1356 |
administered at the request
of a
law enforcement
officer.
If
the | 1357 |
person was under arrest as described in division (A)(5) of | 1358 |
section 4511.191 of the Revised Code, the arresting officer shall | 1359 |
advise the person at the time of the arrest that the person may | 1360 |
have an independent chemical test taken at the person's own | 1361 |
expense. If the person was under arrest other than described in | 1362 |
division (A)(5) of section 4511.191 of the Revised Code, the form | 1363 |
to be read to the person
to be tested, as required
under
section | 1364 |
4511.192 of the Revised
Code, shall state that the person
may have | 1365 |
an
independent test
performed at the person's expense.
The failure | 1366 |
or
inability to
obtain an additional
chemical test by
a person | 1367 |
shall not preclude
the admission of
evidence relating to
the | 1368 |
chemical test or tests
taken at the
request of a
law
enforcement | 1369 |
officer. | 1370 |
(b) In any criminal prosecution or juvenile court proceeding | 1376 |
for a violation of division (A) or (B) of this section, of a | 1377 |
municipal ordinance relating to operating a vehicle while under | 1378 |
the influence of alcohol, a drug of abuse, or alcohol and a drug | 1379 |
of abuse, or of a municipal ordinance relating to operating a | 1380 |
vehicle with a prohibited concentration of alcohol, a controlled | 1381 |
substance, or a metabolite of a controlled substance in the whole | 1382 |
blood,
blood serum or plasma, breath, or urine, if a law | 1383 |
enforcement officer has administered a
field sobriety test to the | 1384 |
operator of the vehicle involved in the
violation and if it is | 1385 |
shown by clear and convincing evidence that
the officer | 1386 |
administered the test in substantial
compliance with
the testing | 1387 |
standards for any reliable, credible,
and generally
accepted field | 1388 |
sobriety
tests that were in effect at
the time the
tests were | 1389 |
administered, including, but not limited
to, any
testing standards | 1390 |
then in effect that were set by the
national
highway traffic | 1391 |
safety administration, all
of the
following apply: | 1392 |
(E)(1)
Subject to division (E)(3) of
this section,
in any | 1411 |
criminal prosecution or juvenile court proceeding for a
violation | 1412 |
of
division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) | 1413 |
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent | 1414 |
offense that is substantially equivalent to any
of those | 1415 |
divisions, a laboratory report from any
laboratory
personnel | 1416 |
issued a permit by the department of health authorizing an | 1417 |
analysis as described in this division that
contains an analysis | 1418 |
of
the whole blood, blood serum or plasma,
breath, urine, or other | 1419 |
bodily substance tested and that contains
all of the information | 1420 |
specified in this division shall be
admitted as prima-facie | 1421 |
evidence of the information and statements
that the report | 1422 |
contains. The laboratory report shall contain all
of the | 1423 |
following: | 1424 |
(3) A report of the type described in division (E)(1) of
this | 1449 |
section shall not be prima-facie evidence of the contents, | 1450 |
identity, or amount
of any substance if, within seven days after | 1451 |
the
defendant to whom the report pertains or the defendant's | 1452 |
attorney
receives a copy of the report, the defendant or the | 1453 |
defendant's
attorney demands the testimony of the person who | 1454 |
signed the
report. The judge in the case may extend the seven-day | 1455 |
time limit
in the interest of justice. | 1456 |
(F) Except as otherwise provided in this division, any | 1457 |
physician, registered nurse, or
qualified
technician, chemist,
or | 1458 |
phlebotomist who
withdraws blood
from a person pursuant
to this | 1459 |
section or section 4511.191 or
4511.192 of the Revised Code, and | 1460 |
any hospital, first-aid
station, or clinic
at which
blood is | 1461 |
withdrawn from a person
pursuant to this
section or section | 1462 |
4511.191 or 4511.192 of the
Revised Code, is
immune from criminal | 1463 |
liability and
civil
liability
based upon a
claim of assault and | 1464 |
battery or
any other
claim that is not
a
claim
of malpractice, for | 1465 |
any
act performed
in withdrawing blood
from
the person. The | 1466 |
immunity provided in
this division also extends to an emergency | 1467 |
medical service
organization that employs an emergency medical | 1468 |
technician who
withdraws blood under this section.
The
immunity | 1469 |
provided
in this division is not
available to a
person
who | 1470 |
withdraws blood
if the person engages in
willful or wanton | 1471 |
misconduct. | 1472 |
(G)(1) Whoever violates any provision of divisions
(A)(1)(a) | 1473 |
to
(i) or (A)(2) of this section is
guilty of
operating a vehicle | 1474 |
under the
influence of alcohol, a drug of abuse, or a
combination | 1475 |
of them.
Whoever violates division (A)(1)(j) of this section is | 1476 |
guilty of operating a vehicle while under the influence of a | 1477 |
listed controlled substance or a listed metabolite of a controlled | 1478 |
substance. The court shall sentence the offender for either | 1479 |
offense under
Chapter 2929. of the
Revised Code, except as | 1480 |
otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of | 1481 |
this section: | 1482 |
(i)
If the sentence is being imposed for a violation of | 1487 |
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1488 |
mandatory jail term
of three consecutive days. As used in
this | 1489 |
division, three consecutive days means seventy-two consecutive | 1490 |
hours.
The court
may sentence an offender to both an
intervention | 1491 |
program and a jail term. The court may impose a jail
term in | 1492 |
addition to the three-day mandatory jail term or intervention | 1493 |
program. However,
in no case shall the cumulative jail term | 1494 |
imposed for the offense
exceed six months. | 1495 |
The court may suspend the execution of the
three-day jail | 1496 |
term under this division if the court, in lieu of that
suspended | 1497 |
term, places the offender under a community control sanction | 1498 |
pursuant to section 2929.25 of the Revised Code and requires the | 1499 |
offender
to
attend, for three consecutive days, a
drivers' | 1500 |
intervention
program certified under section 3793.10 of the | 1501 |
Revised Code.
The
court also may suspend the execution of any | 1502 |
part of the
three-day
jail term under this division if it places | 1503 |
the offender under a community control sanction pursuant to | 1504 |
section 2929.25 of the Revised Code for part of the three days, | 1505 |
requires the offender to
attend for the suspended part of the term | 1506 |
a drivers' intervention
program so certified, and sentences the | 1507 |
offender to a jail term
equal to the remainder of the three | 1508 |
consecutive days that the
offender does not spend attending the | 1509 |
program. The court may
require the offender, as a condition of | 1510 |
community control and in addition
to the required attendance at a | 1511 |
drivers' intervention program, to
attend and satisfactorily | 1512 |
complete any treatment or education
programs that comply with the | 1513 |
minimum standards adopted pursuant
to Chapter 3793. of the Revised | 1514 |
Code by the director of alcohol
and drug addiction services that | 1515 |
the operators of the drivers'
intervention program determine that | 1516 |
the offender should attend and
to report periodically to the court | 1517 |
on the offender's progress in
the programs. The court also may | 1518 |
impose on the offender any other
conditions of community control | 1519 |
that it considers necessary. | 1520 |
(ii)
If the sentence is being imposed for a violation of | 1521 |
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 1522 |
section, except as
otherwise provided in
this division, a | 1523 |
mandatory jail term of at
least three consecutive
days and a | 1524 |
requirement that the offender
attend, for three
consecutive days, | 1525 |
a drivers' intervention
program that is
certified pursuant to | 1526 |
section 3793.10 of the
Revised Code. As
used in this division, | 1527 |
three consecutive days
means seventy-two consecutive
hours. If the | 1528 |
court determines that
the offender is not
conducive to treatment | 1529 |
in a drivers'
intervention program, if the
offender refuses to | 1530 |
attend a drivers'
intervention program, or if the jail at
which | 1531 |
the offender is to
serve the jail term imposed can provide a | 1532 |
driver's intervention
program, the court shall sentence the | 1533 |
offender to a mandatory jail
term of at least six consecutive | 1534 |
days. | 1535 |
The court may require the offender, under a community control | 1536 |
sanction imposed under section 2929.25 of the Revised Code,
to | 1537 |
attend and satisfactorily complete any treatment or
education | 1538 |
programs that comply with the minimum standards adopted
pursuant | 1539 |
to
Chapter 3793. of the Revised Code by the director of
alcohol | 1540 |
and drug addiction services, in addition to the required | 1541 |
attendance at
drivers' intervention program, that the operators of | 1542 |
the drivers' intervention
program determine that
the offender | 1543 |
should attend and to report periodically to the court
on the | 1544 |
offender's progress in the programs. The court also may
impose
any | 1545 |
other conditions of community control on the offender that it | 1546 |
considers necessary. | 1547 |
(i)
If the sentence is being imposed for a violation of | 1563 |
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1564 |
mandatory jail term
of ten consecutive days. The court
shall | 1565 |
impose the ten-day mandatory jail term under this division unless, | 1566 |
subject to division (G)(3) of this section, it instead
imposes a | 1567 |
sentence under that division consisting of both a jail term and a | 1568 |
term of
house arrest with electronic monitoring, with continuous | 1569 |
alcohol monitoring, or with both electronic monitoring and | 1570 |
continuous alcohol monitoring. The court may
impose a
jail term in | 1571 |
addition to the
ten-day mandatory jail term.
The
cumulative jail | 1572 |
term imposed for the offense shall not exceed
six
months. | 1573 |
In addition to the jail term or the term of house arrest with | 1574 |
electronic monitoring or continuous alcohol monitoring or both | 1575 |
types of monitoring and jail term, the court shall require the | 1576 |
offender
to be assessed by an
alcohol and drug treatment program | 1577 |
that is
authorized by
section 3793.02 of the Revised Code, | 1578 |
subject
to division (I) of this section, and shall order the | 1579 |
offender to
follow the treatment recommendations of the program. | 1580 |
The purpose of the assessment is to determine the
degree of the | 1581 |
offender's alcohol usage and to determine whether or
not | 1582 |
treatment is warranted. Upon the request of the court, the
program | 1583 |
shall submit the results of the
assessment to the court, | 1584 |
including
all treatment recommendations
and clinical diagnoses | 1585 |
related to
alcohol use. | 1586 |
(ii)
If the sentence is being imposed for a violation of | 1587 |
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 1588 |
section, except as
otherwise provided in
this division, a | 1589 |
mandatory jail term of
twenty consecutive days. The court
shall | 1590 |
impose the twenty-day
mandatory jail term under
this division | 1591 |
unless, subject to
division (G)(3) of this section,
it instead | 1592 |
imposes a sentence
under that division
consisting of both a jail | 1593 |
term and a term of
house arrest with electronic monitoring, with | 1594 |
continuous alcohol monitoring, or with both electronic monitoring | 1595 |
and continuous alcohol monitoring. The court may impose a
jail | 1596 |
term in
addition to the twenty-day
mandatory jail term. The | 1597 |
cumulative
jail term imposed for the offense shall
not exceed six | 1598 |
months. | 1599 |
In addition to the jail term or the term of house arrest with | 1600 |
electronic monitoring or continuous alcohol monitoring or both | 1601 |
types of monitoring and jail term, the court shall require the | 1602 |
offender
to be assessed by an
alcohol and drug treatment program | 1603 |
that is
authorized by
section 3793.02 of the Revised Code, | 1604 |
subject
to division (I) of this section, and shall order the | 1605 |
offender to
follow the treatment recommendations of the program. | 1606 |
The purpose of the assessment is to determine the
degree of the | 1607 |
offender's alcohol usage and to determine whether or
not | 1608 |
treatment is warranted. Upon the request of the court, the
program | 1609 |
shall submit the
results of the assessment to the court, | 1610 |
including
all treatment
recommendations and clinical diagnoses | 1611 |
related to
alcohol use. | 1612 |
(i)
If the sentence is being imposed for a violation of | 1635 |
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1636 |
mandatory jail term
of thirty consecutive days. The court
shall | 1637 |
impose the thirty-day mandatory jail term under this division | 1638 |
unless, subject to division (G)(3) of this section, it
instead | 1639 |
imposes a sentence under that division consisting of both a jail | 1640 |
term and a term of
house arrest with electronic monitoring, with | 1641 |
continuous alcohol monitoring, or with both electronic monitoring | 1642 |
and continuous alcohol monitoring. The
court may impose a
jail | 1643 |
term in addition to the
thirty-day
mandatory jail term. | 1644 |
Notwithstanding the jail terms
set
forth in sections 2929.21 to | 1645 |
2929.28 of the Revised Code, the additional
jail
term shall not | 1646 |
exceed one year, and the cumulative jail term
imposed
for the | 1647 |
offense shall not exceed
one year. | 1648 |
(ii)
If the sentence is being imposed for a violation of | 1649 |
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 1650 |
section, a mandatory
jail term of
sixty
consecutive days. The | 1651 |
court shall impose the
sixty-day mandatory jail
term under this | 1652 |
division unless, subject
to division (G)(3)
of this section, it | 1653 |
instead imposes a sentence
under that division
consisting of both | 1654 |
a jail term
and a term of
house arrest with electronic monitoring, | 1655 |
with continuous alcohol monitoring, or with both electronic | 1656 |
monitoring and continuous alcohol monitoring. The court may impose | 1657 |
a
jail term in
addition to the sixty-day mandatory jail term.
| 1658 |
Notwithstanding
the jail terms set forth in sections 2929.21 to | 1659 |
2929.28 of the
Revised Code, the additional jail term shall
not | 1660 |
exceed one year,
and the cumulative jail term imposed for the | 1661 |
offense
shall not
exceed one year. | 1662 |
(vi)
In all cases, the court shall order the
offender to | 1680 |
participate in an alcohol and drug
addiction
program
authorized | 1681 |
by section
3793.02 of the Revised
Code, subject to
division (I) | 1682 |
of this
section, and shall order the offender to
follow the | 1683 |
treatment recommendations of the program. The operator
of the | 1684 |
program shall determine and assess the degree of the
offender's | 1685 |
alcohol dependency and shall make recommendations for
treatment. | 1686 |
Upon the request of the court, the program shall submit
the | 1687 |
results of the assessment to the court, including all
treatment | 1688 |
recommendations and clinical diagnoses related to
alcohol use. | 1689 |
(d)
Except as otherwise provided in division
(G)(1)(e)
of | 1690 |
this section, an offender who, within six
years of the offense, | 1691 |
previously has been
convicted of or pleaded guilty to three or
| 1692 |
four violations of division
(A) or (B) of this section or other | 1693 |
equivalent offenses or an offender who, within twenty years of the | 1694 |
offense, previously has been convicted of or pleaded guilty to | 1695 |
five or more violations of that nature is
guilty of a felony of | 1696 |
the fourth degree.
The court shall
sentence the offender to all of | 1697 |
the following: | 1698 |
(i)
If the sentence is being imposed for a violation of | 1699 |
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1700 |
mandatory prison term of one, two, three, four, or five years as | 1701 |
required by and in accordance with division (G)(2) of section | 1702 |
2929.13 of the Revised Code if the offender also is convicted of | 1703 |
or also pleads guilty to a specification of the type described in | 1704 |
section 2941.1413 of the Revised Code or, in the
discretion of
the | 1705 |
court, either a mandatory term of local
incarceration of sixty | 1706 |
consecutive
days in accordance with
division (G)(1) of section | 1707 |
2929.13 of the Revised Code or a
mandatory prison term of sixty | 1708 |
consecutive days in
accordance
with division (G)(2) of that | 1709 |
section if the offender is not convicted of and does not plead | 1710 |
guilty to a specification of that type. If the
court
imposes a | 1711 |
mandatory term of local incarceration, it may impose a
jail
term | 1712 |
in addition to the sixty-day mandatory term, the
cumulative total | 1713 |
of the mandatory
term and the jail term for the
offense
shall not | 1714 |
exceed one year, and, except as provided in division (A)(1) of | 1715 |
section 2929.13 of the Revised Code, no prison term is
authorized | 1716 |
for the
offense. If the court imposes a mandatory
prison term, | 1717 |
notwithstanding
division (A)(4) of section 2929.14 of
the Revised | 1718 |
Code, it also may sentence the offender to a definite
prison term | 1719 |
that shall be not less than six months and not more
than thirty | 1720 |
months and the
prison terms shall be imposed as described
in | 1721 |
division (G)(2) of
section 2929.13 of the Revised Code. If the | 1722 |
court imposes a mandatory prison term or mandatory prison term and | 1723 |
additional prison term, in addition to the term or terms so | 1724 |
imposed, the court also may sentence the offender to a community | 1725 |
control sanction for the offense, but the offender shall serve all | 1726 |
of the prison terms so imposed prior to serving the community | 1727 |
control sanction. | 1728 |
(ii)
If the sentence is being imposed for a violation of | 1729 |
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 1730 |
section, a mandatory prison term of one, two, three, four, or five | 1731 |
years as required by and in accordance with division (G)(2) of | 1732 |
section 2929.13 of the Revised Code if the offender also is | 1733 |
convicted of or also pleads guilty to a specification of the type | 1734 |
described in section 2941.1413 of the Revised Code or, in the | 1735 |
discretion of the
court, either a mandatory term of local | 1736 |
incarceration of one
hundred twenty consecutive days in accordance | 1737 |
with division (G)(1)
of section 2929.13 of the Revised Code or a | 1738 |
mandatory prison
term of one hundred twenty consecutive days in | 1739 |
accordance with division
(G)(2) of that section if the offender is | 1740 |
not convicted of and does not plead guilty to a specification of | 1741 |
that type. If the court
imposes a mandatory
term of local | 1742 |
incarceration, it may impose a
jail term in addition to the one | 1743 |
hundred twenty-day mandatory
term, the cumulative total of the | 1744 |
mandatory term
and the jail term
for
the offense shall not exceed | 1745 |
one year, and, except as provided in division (A)(1) of section | 1746 |
2929.13 of the Revised Code, no prison term is
authorized for the | 1747 |
offense. If the court imposes a mandatory
prison term, | 1748 |
notwithstanding division (A)(4) of section 2929.14 of
the Revised | 1749 |
Code,
it also may sentence the offender to a definite
prison term | 1750 |
that shall be not
less than six months and not more
than thirty | 1751 |
months and the prison terms shall
be imposed as described
in | 1752 |
division (G)(2) of section 2929.13 of the Revised Code. If the | 1753 |
court imposes a mandatory prison term or mandatory prison term and | 1754 |
additional prison term, in addition to the term or terms so | 1755 |
imposed, the court also may sentence the offender to a community | 1756 |
control sanction for the offense, but the offender shall serve all | 1757 |
of the prison terms so imposed prior to serving the community | 1758 |
control sanction. | 1759 |
(vi)
In all cases, the court shall order the
offender to | 1776 |
participate in an alcohol and drug
addiction
program
authorized by | 1777 |
section 3793.02 of the Revised
Code, subject to
division (I) of | 1778 |
this section, and shall order the offender to
follow the | 1779 |
treatment recommendations of the program. The operator
of the | 1780 |
program shall determine and assess the degree of the
offender's | 1781 |
alcohol dependency and shall make recommendations for
treatment. | 1782 |
Upon the request of the court, the program shall submit
the | 1783 |
results of the assessment to the court, including all
treatment | 1784 |
recommendations and clinical diagnoses related to
alcohol use. | 1785 |
(i)
If the offender is being sentenced for a violation of | 1798 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1799 |
mandatory prison term of one, two, three, four, or five years as | 1800 |
required by and in accordance with division (G)(2) of section | 1801 |
2929.13 of the Revised Code if the offender also is convicted of | 1802 |
or also pleads guilty to a specification of the type described in | 1803 |
section 2941.1413 of the Revised Code or a
mandatory
prison term | 1804 |
of sixty consecutive days in
accordance with
division (G)(2) of | 1805 |
section 2929.13 of the Revised Code if the offender is not | 1806 |
convicted of and does not plead guilty to a specification of that | 1807 |
type. The court
may impose a prison term in
addition to the | 1808 |
mandatory
prison term. The cumulative
total of
a sixty-day | 1809 |
mandatory prison term
and the additional prison term for the | 1810 |
offense shall
not exceed
five years. In addition to the mandatory | 1811 |
prison term or mandatory prison term and additional prison term | 1812 |
the court imposes, the court also may sentence the offender to a | 1813 |
community
control sanction for the
offense, but the offender | 1814 |
shall serve all of the prison terms so imposed prior to serving | 1815 |
the community control sanction. | 1816 |
(ii)
If the sentence is being imposed for a violation of | 1817 |
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 1818 |
section, a mandatory prison term of one, two, three, four, or five | 1819 |
years as required by and in accordance with division (G)(2) of | 1820 |
section 2929.13 of the Revised Code if the offender also is | 1821 |
convicted of or also pleads guilty to a specification of the type | 1822 |
described in section 2941.1413 of the Revised Code or a mandatory | 1823 |
prison term of
one
hundred twenty consecutive days in accordance | 1824 |
with division (G)(2)
of section 2929.13 of the Revised Code if the | 1825 |
offender is not convicted of and does not plead guilty to a | 1826 |
specification of that type. The
court may
impose a prison term in | 1827 |
addition to the mandatory
prison term. The cumulative total of a | 1828 |
one hundred twenty-day
mandatory prison term and
the additional | 1829 |
prison term for the
offense shall not exceed five
years. In | 1830 |
addition to the mandatory prison term or mandatory prison term and | 1831 |
additional prison term the court imposes, the court also may | 1832 |
sentence the offender to a community
control sanction for the | 1833 |
offense, but the offender shall serve all of the prison terms so | 1834 |
imposed prior to serving the community control sanction. | 1835 |
(vi)
In all cases, the court shall order the
offender to | 1852 |
participate in an alcohol and drug
addiction
program
authorized | 1853 |
by section 3793.02 of the Revised
Code,
subject to
division (I) | 1854 |
of this section, and shall order the offender to
follow the | 1855 |
treatment recommendations of the program. The operator
of the | 1856 |
program shall determine and assess the degree of the
offender's | 1857 |
alcohol dependency and shall make recommendations for
treatment. | 1858 |
Upon the request of the court, the program shall submit
the | 1859 |
results of the assessment to the court, including all
treatment | 1860 |
recommendations and clinical diagnoses related to
alcohol use. | 1861 |
(3) If an offender is sentenced to a jail term under
division | 1869 |
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and | 1870 |
if,
within sixty days of
sentencing of the offender,
the court | 1871 |
issues a written finding on the record
that, due to the | 1872 |
unavailability of space at the
jail where the offender is required | 1873 |
to serve the term, the offender will not
be able to begin serving | 1874 |
that term within the
sixty-day period following the date of | 1875 |
sentencing, the court may
impose an alternative sentence under | 1876 |
this division that includes a
term of house arrest with electronic | 1877 |
monitoring, with continuous alcohol monitoring, or with both | 1878 |
electronic monitoring and continuous alcohol monitoring. | 1879 |
As an alternative to a mandatory jail term of ten consecutive | 1880 |
days
required by division (G)(1)(b)(i) of this
section, the court, | 1881 |
under this division, may sentence the
offender to five consecutive | 1882 |
days in jail and not less than eighteen consecutive days of house | 1883 |
arrest with electronic monitoring, with continuous alcohol | 1884 |
monitoring, or with both electronic monitoring and continuous | 1885 |
alcohol monitoring. The cumulative total of
the five consecutive | 1886 |
days in
jail and the period of house arrest with electronic | 1887 |
monitoring, continuous alcohol monitoring, or both types of | 1888 |
monitoring shall
not exceed six months. The five
consecutive days | 1889 |
in jail do not
have to be served prior to or
consecutively to the | 1890 |
period of house
arrest. | 1891 |
As an alternative to the mandatory jail term of twenty | 1892 |
consecutive
days required by division (G)(1)(b)(ii)
of
this | 1893 |
section, the
court, under this division, may sentence the offender | 1894 |
to ten consecutive days
in jail and not less than thirty-six | 1895 |
consecutive days of
house arrest with electronic monitoring, with | 1896 |
continuous alcohol monitoring, or with both electronic monitoring | 1897 |
and continuous alcohol monitoring. The
cumulative total of the ten | 1898 |
consecutive days in
jail and the
period of house arrest with | 1899 |
electronic monitoring, continuous alcohol monitoring, or both | 1900 |
types of monitoring shall
not exceed
six months. The ten | 1901 |
consecutive days in jail do not
have to be
served prior to or | 1902 |
consecutively to the period of house
arrest. | 1903 |
As an alternative to a mandatory jail term of thirty | 1904 |
consecutive
days required by division (G)(1)(c)(i) of
this | 1905 |
section, the court,
under this division, may sentence the offender | 1906 |
to fifteen consecutive days in
jail and not less than fifty-five | 1907 |
consecutive days of house arrest with electronic monitoring, with | 1908 |
continuous alcohol monitoring, or with both electronic monitoring | 1909 |
and continuous alcohol monitoring. The
cumulative total of the | 1910 |
fifteen
consecutive days in jail and the
period of house arrest | 1911 |
with electronic monitoring, continuous alcohol monitoring, or both | 1912 |
types of monitoring shall not exceed
one year. The fifteen | 1913 |
consecutive days in jail
do not have to be
served prior to or | 1914 |
consecutively to the period of house arrest. | 1915 |
As an alternative to the mandatory jail term of sixty | 1916 |
consecutive
days required by division (G)(1)(c)(ii)
of
this | 1917 |
section, the
court, under this division, may sentence the offender | 1918 |
to thirty
consecutive days in jail and not less than one hundred | 1919 |
ten
consecutive days of house arrest with electronic monitoring, | 1920 |
with continuous alcohol monitoring, or with both electronic | 1921 |
monitoring and continuous alcohol monitoring.
The
cumulative total | 1922 |
of the thirty consecutive days in jail and
the
period of house | 1923 |
arrest with electronic monitoring, continuous alcohol monitoring, | 1924 |
or both types of monitoring shall not
exceed
one year. The thirty | 1925 |
consecutive days in jail do not have
to be
served prior to or | 1926 |
consecutively to the period of house
arrest. | 1927 |
(4) If an offender's driver's or occupational driver's | 1928 |
license or
permit or nonresident operating privilege is suspended | 1929 |
under division
(G) of this
section and if section 4510.13 of the | 1930 |
Revised Code permits the
court to grant limited driving | 1931 |
privileges, the court may
grant the limited driving privileges
in | 1932 |
accordance with that section. If division (A)(7) of that section | 1933 |
requires that the court impose as a condition of the
privileges | 1934 |
that the
offender must display on the vehicle that is
driven | 1935 |
subject to the privileges
restricted license plates that
are | 1936 |
issued under section 4503.231 of the Revised Code, except
as | 1937 |
provided in division (B) of that section, the court shall impose | 1938 |
that condition as one of the conditions of the limited driving | 1939 |
privileges granted to the offender, except as provided in division | 1940 |
(B) of section 4503.231 of the Revised Code. | 1941 |
(a)
Twenty-five dollars of the fine imposed under division | 1944 |
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under | 1945 |
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the | 1946 |
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten | 1947 |
dollars of the fine imposed under division
(G)(1)(d)(iii) or | 1948 |
(e)(iii)
of this section shall be paid to an enforcement
and | 1949 |
education fund established by the legislative authority of the law | 1950 |
enforcement
agency in this state that primarily was responsible | 1951 |
for the arrest of the
offender, as determined by the court that | 1952 |
imposes the fine. The agency shall
use this share to pay only | 1953 |
those costs it incurs in
enforcing this section or a municipal OVI | 1954 |
ordinance
and in informing the public of the laws governing the | 1955 |
operation of
a vehicle while under the influence of alcohol, the | 1956 |
dangers of
the operation of a vehicle under the influence of | 1957 |
alcohol, and other
information relating to the operation of a | 1958 |
vehicle under the influence of
alcohol and the consumption of | 1959 |
alcoholic beverages. | 1960 |
(b)
Fifty dollars of the fine imposed under division | 1961 |
(G)(1)(a)(iii)
of
this section shall be paid to the political | 1962 |
subdivision that pays the cost of
housing the offender during the | 1963 |
offender's term of incarceration. If the
offender is being | 1964 |
sentenced for a violation of division (A)(1)(a), (b), (c), (d), | 1965 |
(e), or (j) of this section and was confined as a result of the | 1966 |
offense
prior to being
sentenced for the offense but is not | 1967 |
sentenced to a
term of incarceration, the
fifty dollars shall
be | 1968 |
paid to the
political subdivision that paid the cost of housing | 1969 |
the offender
during that period of confinement. The political | 1970 |
subdivision
shall use the share under this division to pay or | 1971 |
reimburse
incarceration or treatment costs it incurs in housing or | 1972 |
providing
drug and alcohol treatment to persons who violate this | 1973 |
section or
a municipal OVI ordinance, costs of any immobilizing or | 1974 |
disabling
device used on the offender's vehicle, and costs of | 1975 |
electronic
house
arrest equipment
needed for persons who violate | 1976 |
this
section. | 1977 |
(d)
One hundred fifteen dollars of the fine imposed under | 1985 |
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the | 1986 |
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty | 1987 |
dollars of the fine imposed under division
(G)(1)(d)(iii) or | 1988 |
(e)(iii)
of this section shall be paid to the political | 1989 |
subdivision
that pays the cost of housing the offender during the | 1990 |
offender's term of
incarceration. The political subdivision shall | 1991 |
use
this share to pay or reimburse incarceration or treatment | 1992 |
costs it incurs in
housing or providing drug and alcohol treatment | 1993 |
to persons who
violate this section or a municipal OVI ordinance, | 1994 |
costs for any
immobilizing or disabling device used on the | 1995 |
offender's vehicle, and costs of electronic house arrest equipment | 1996 |
needed for
persons who violate this section. | 1997 |
(e) Fifty dollars of the fine imposed under divisions | 1998 |
(G)(1)(a)(iii),
(G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii), | 1999 |
and (G)(1)(e)(iii)
of this section shall be deposited into the | 2000 |
special projects fund
of the court in which the offender was | 2001 |
convicted and that is
established under division (E)(1) of | 2002 |
section 2303.201, division
(B)(1) of section 1901.26, or | 2003 |
division (B)(1) of section 1907.24 of the
Revised Code, to be | 2004 |
used
exclusively to cover the cost of
immobilizing or disabling | 2005 |
devices, including certified ignition
interlock devices, and | 2006 |
remote alcohol monitoring devices for
indigent offenders who are | 2007 |
required by a judge to use either of
these devices. If the court | 2008 |
in which
the offender was
convicted does
not have a special | 2009 |
projects fund
that is
established under
division (E)(1) of | 2010 |
section 2303.201,
division (B)(1) of section
1901.26, or | 2011 |
division (B)(1) of section
1907.24 of the Revised Code, the fifty | 2012 |
dollars shall be deposited
into the indigent drivers
interlock | 2013 |
and alcohol monitoring fund
under division (I) of
section | 2014 |
4511.191 of the Revised Code. | 2015 |
(6) If title to a motor vehicle that is subject to an order | 2027 |
of criminal forfeiture under division (G)(1)(c), (d), or (e) of | 2028 |
this section is assigned or transferred and division (B)(2) or (3) | 2029 |
of section 4503.234 of the Revised Code applies, in addition to or | 2030 |
independent of any other penalty established by law, the court may | 2031 |
fine the offender the value of the vehicle as determined by | 2032 |
publications of the national auto dealers association. The | 2033 |
proceeds of any fine so imposed shall be distributed in accordance | 2034 |
with division (C)(2) of that section. | 2035 |
(1) Except as otherwise provided in division (H)(2) of this | 2043 |
section, the offender is guilty of a misdemeanor of the fourth | 2044 |
degree. In
addition to any other sanction imposed for the
offense, | 2045 |
the court shall impose a class six suspension of the
offender's | 2046 |
driver's license, commercial driver's license,
temporary | 2047 |
instruction permit,
probationary license, or nonresident
operating | 2048 |
privilege from the range
specified in division (A)(6) of
section | 2049 |
4510.02 of the Revised Code. | 2050 |
(2) If, within one year of the offense, the offender | 2051 |
previously
has been convicted of or pleaded guilty to one or more | 2052 |
violations of
division (A) or (B) of this section or other | 2053 |
equivalent
offenses, the
offender is guilty of a
misdemeanor of | 2054 |
the third degree. In addition to any
other
sanction imposed
for | 2055 |
the offense, the court shall impose a class
four suspension of the | 2056 |
offender's driver's license, commercial
driver's license, | 2057 |
temporary
instruction permit, probationary
license, or nonresident | 2058 |
operating privilege
from the range
specified in division (A)(4) of | 2059 |
section 4510.02 of the Revised
Code. | 2060 |
(B) An emergency medical
technician-basic may operate,
or be | 2122 |
responsible for operation of, an ambulance and may provide | 2123 |
emergency medical services to patients. In an emergency, an | 2124 |
EMT-basic may determine the nature and
extent of illness or injury | 2125 |
and establish priority for required emergency medical services. | 2126 |
An EMT-basic may render emergency
medical services such as opening | 2127 |
and maintaining an airway, giving positive pressure ventilation, | 2128 |
cardiac resuscitation, electrical interventions with automated | 2129 |
defibrillators to support or correct the cardiac function and | 2130 |
other methods determined by the board, controlling of hemorrhage, | 2131 |
treatment of shock, immobilization of fractures, bandaging, | 2132 |
assisting in childbirth, management of mentally disturbed | 2133 |
patients, initial care of poison and burn patients, and | 2134 |
determining triage of adult and pediatric trauma victims. Where | 2135 |
patients must in an emergency be extricated from entrapment, an | 2136 |
EMT-basic may assess the extent of
injury and render all possible | 2137 |
emergency medical services and protection to the entrapped | 2138 |
patient; provide light rescue services if an ambulance has not | 2139 |
been accompanied by a specialized unit; and after extrication, | 2140 |
provide additional care in sorting of the injured in accordance | 2141 |
with standard emergency procedures. | 2142 |
(2) If communications fail during an emergency situation
or | 2156 |
the required response time prohibits communication, an
EMT-basic | 2157 |
may perform services subject to this division, if, in the
judgment | 2158 |
of the EMT-basic, the life of the patient is in
immediate danger. | 2159 |
Services performed under these circumstances shall be
performed in | 2160 |
accordance with the protocols for triage of adult and pediatric | 2161 |
trauma victims established in
rules adopted under
sections 4765.11 | 2162 |
and 4765.40 of the Revised Code and any applicable
protocols | 2163 |
adopted by the emergency medical
service organization with which | 2164 |
the
EMT-basic is affiliated. | 2165 |
(2) If communications fail during an emergency situation
or | 2195 |
the required response time prohibits communication, an
EMT-I may | 2196 |
perform any of the
services described in division (B)
of this | 2197 |
section, if, in the judgment of the EMT-I, the
life of the patient | 2198 |
is
in immediate danger. Services performed under these | 2199 |
circumstances shall be performed in accordance with the
protocols | 2200 |
for triage of adult and
pediatric trauma victims
established in | 2201 |
rules adopted under sections 4765.11 and 4765.40 of the
Revised | 2202 |
Code and any applicable protocols adopted
by the emergency medical | 2203 |
service organization with which the
EMT-I is affiliated. | 2204 |
(2) If communications fail during an emergency situation
or | 2233 |
the required response time prohibits communication, a
paramedic | 2234 |
may perform any of the services described in division
(B) of this | 2235 |
section, if, in the paramedic's judgment, the
life of the patient | 2236 |
is in immediate danger. Services performed under these | 2237 |
circumstances shall be performed in accordance with the
protocols | 2238 |
for triage of adult and
pediatric trauma victims
established in | 2239 |
rules adopted under sections 4765.11 and 4765.40 of the
Revised | 2240 |
Code and any applicable protocols adopted
by the emergency medical | 2241 |
service organization with which the
paramedic is affiliated. | 2242 |
Section 3. Section 2929.13 of the Revised Code is
presented | 2252 |
in
this act as a composite of the section as amended by
both Am. | 2253 |
Sub. H.B. 130 and Am. Sub. H.B. 280 of
the 127th General | 2254 |
Assembly. The General Assembly, applying the
principle stated in | 2255 |
division (B) of section 1.52 of the Revised
Code that amendments | 2256 |
are to be harmonized if reasonably capable of
simultaneous | 2257 |
operation, finds that the composite is the resulting
version of | 2258 |
the section in effect prior to the effective date of
the section | 2259 |
as presented in this act. | 2260 |