H. B. No. 524 As Introduced

As Introduced

129th General Assembly

Regular Session

2011-2012

H. B. No. 524

Representatives McGregor, Heard

Cosponsors: Representatives Williams, Sears, Garland, Driehaus, Brenner, Fedor, Yuko, Winburn, Antonio, Phillips, Letson

A BILL

To amend sections 109.572, 109.578, 149.43, 2151.356,

2151.357, 2152.02, 2152.26, 2901.01, 2907.24,

2913.02, 2923.122, 2925.14, 2949.08, 2953.31,

2953.32, 2953.34, 2953.36, 2967.01, 2967.04,

2967.06, 2967.191, 3119.01, 3119.05, 3123.58,

3772.07, 4301.99, 4501.02, 4503.233, 4503.234,

4507.02, 4507.164, 4509.06, 4509.101, 4510.10,

4510.11, 4510.111, 4510.16, 4510.161, 4510.41,

4513.02, 4513.021, 4513.99, 4713.07, 4713.28,

4725.44, 4725.48, 4725.52, 4725.53, 4738.04,

4738.07, 4740.05, 4740.06, 4740.10, 4747.04,

4747.05, 4747.10, 4747.12, 4749.03, 4749.04,

4749.06, 5120.07, 5502.011, and 5743.99, and to

enact sections 2953.25, 3123.582, and 4776.10 of

the Revised Code to exclude juvenile proceedings

and adjudications from criminal records checks; to

exclude from the definition of "public record" all

records pertaining to an alleged or adjudicated

unruly or delinquent child or juvenile traffic

offender; to ensure that persons sentenced to

confinement receive credit for time served in

juvenile facilities; to expand eligibility for the

sealing of criminal records and to eliminate the

prohibition of the sealing of juvenile records in

certain cases; to define "indigent" for purposes

related to the payment of fines, costs, or fees;

to make the use or possession with purpose to use

drug paraphernalia with marihuana a minor

misdemeanor; to provide for the destruction of the

criminal records and the removal of disabilities

of a person who is pardoned; to permit an

individual subject to civil sanctions as a result

of a conviction of or plea of guilty to a criminal

offense to file a petition for relief from the

sanctions, to establish a procedure for the review

of such petitions; to permit the sentencing court

to issue an order of limited relief; to permit

decision-makers to consider on a case-by-case

basis whether it is appropriate to grant or deny

the issuance or restoration of an occupational

license or employment opportunity; to provide for

the revocation of an order of limited relief; to

increase from eighteen to twenty-one the age at

which certain offenders may be held in places not

authorized for the confinement of children; to

increase the juvenile court's jurisdiction over

certain specified cases solely for the purpose of

detaining a person while the person's case is

heard in adult court; to create a process by which

a prosecutor may file a motion in juvenile court

to request that a person be held in a place other

than those specified for the placement for

children while the person's case is heard in adult

court; to amend the law governing child support;

to reduce the penalty for driving under suspension

if the suspension was imposed as part of the

penalty for certain violations that do not

directly involve the operation of a motor vehicle;

to make changes in certain other driver's license

suspension provisions; to require the Bureau of

Motor Vehicles to study the advisability and

feasibility of a one-time amnesty program for

drivers who have not paid fees or fines owed by

them for motor vehicle offenses and driver's

license suspensions; to define the terms moral

turpitude and disqualifying offense as applied to

certain employment; to add an ex-offender

appointed by the Director of Rehabilitation and

Correction to the Ex-offender Reentry Coalition;

and to prohibit the preclusion of individuals from

obtaining or renewing certain licenses,

certifications, or permits due to any past

criminal history unless the individual had

committed a crime of moral turpitude or a

disqualifying offense.

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

Section 1. That sections 109.572, 109.578, 149.43, 2151.356,	76
2151.357, 2152.02, 2152.26, 2901.01, 2907.24, 2913.02, 2923.122,	77
2925.14, 2949.08, 2953.31, 2953.32, 2953.34, 2953.36, 2967.01,	78
2967.04, 2967.06, 2967.191, 3119.01, 3119.05, 3123.58, 3772.07,	79
4301.99, 4501.02, 4503.233, 4503.234, 4507.02, 4507.164, 4509.06,	80
4509.101, 4510.10, 4510.11, 4510.111, 4510.16, 4510.161, 4510.41,	81
4513.02, 4513.021, 4513.99, 4713.07, 4713.28, 4725.44, 4725.48,	82
4725.52, 4725.53, 4738.04, 4738.07, 4740.05, 4740.06, 4740.10,	83
4747.04, 4747.05, 4747.10, 4747.12, 4749.03, 4749.04, 4749.06,	84
5120.07, 5502.011, and 5743.99 be amended, and sections 2953.25,	85
3123.582, and 4776.10 of the Revised Code be enacted to read as	86
follows:	87

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	88
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	89
a completed form prescribed pursuant to division (C)(1) of this	90
section, and a set of fingerprint impressions obtained in the	91
manner described in division (C)(2) of this section, the	92
superintendent of the bureau of criminal identification and	93
investigation shall conduct a criminal records check in the manner	94
described in division (B) of this section to determine whether any	95
information exists that indicates that the person who is the	96
subject of the request previously has been convicted of or pleaded	97
guilty to any of the following:	98

(a) A violation of section 2903.01, 2903.02, 2903.03,	99
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	100
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	101
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	102
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	103
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	104
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	105
2925.06, or 3716.11 of the Revised Code, felonious sexual	106
penetration in violation of former section 2907.12 of the Revised	107
Code, a violation of section 2905.04 of the Revised Code as it	108
existed prior to July 1, 1996, a violation of section 2919.23 of	109
the Revised Code that would have been a violation of section	110
2905.04 of the Revised Code as it existed prior to July 1, 1996,	111
had the violation been committed prior to that date, or a	112
violation of section 2925.11 of the Revised Code that is not a	113
minor drug possession offense;	114

(b) A violation of an existing or former law of this state,	115
any other state, or the United States that is substantially	116
equivalent to any of the offenses listed in division (A)(1)(a) of	117
this section.	118

(2) On receipt of a request pursuant to section 5123.081 of	119
the Revised Code with respect to an applicant for employment in	120
any position with the department of developmental disabilities,	121
pursuant to section 5126.28 of the Revised Code with respect to an	122
applicant for employment in any position with a county board of	123
developmental disabilities, or pursuant to section 5126.281 of the	124
Revised Code with respect to an applicant for employment in a	125
direct services position with an entity contracting with a county	126
board for employment, a completed form prescribed pursuant to	127
division (C)(1) of this section, and a set of fingerprint	128
impressions obtained in the manner described in division (C)(2) of	129
this section, the superintendent of the bureau of criminal	130
identification and investigation shall conduct a criminal records	131
check. The superintendent shall conduct the criminal records check	132
in the manner described in division (B) of this section to	133
determine whether any information exists that indicates that the	134
person who is the subject of the request has been convicted of or	135
pleaded guilty to any of the following:	136

(a) A violation of section 2903.01, 2903.02, 2903.03,	137
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	138
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	139
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	140
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	141
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	142
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	143
2925.03, or 3716.11 of the Revised Code;	144

(b) An existing or former municipal ordinance or law of this	145
state, any other state, or the United States that is substantially	146
equivalent to any of the offenses listed in division (A)(2)(a) of	147
this section.	148

(3) On receipt of a request pursuant to section 173.27,	149
173.394, 3712.09, 3721.121, 5119.693, or 5119.85 of the Revised	150
Code, a completed form prescribed pursuant to division (C)(1) of	151
this section, and a set of fingerprint impressions obtained in the	152
manner described in division (C)(2) of this section, the	153
superintendent of the bureau of criminal identification and	154
investigation shall conduct a criminal records check with respect	155
to any person who has applied for employment in a position for	156
which a criminal records check is required by those sections. The	157
superintendent shall conduct the criminal records check in the	158
manner described in division (B) of this section to determine	159
whether any information exists that indicates that the person who	160
is the subject of the request previously has been convicted of or	161
pleaded guilty to any of the following:	162

(a) A violation of section 2903.01, 2903.02, 2903.03,	163
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	164
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	165
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	166
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	167
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	168
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	169
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	170
2925.22, 2925.23, or 3716.11 of the Revised Code;	171

(b) An existing or former law of this state, any other state,	172
or the United States that is substantially equivalent to any of	173
the offenses listed in division (A)(3)(a) of this section.	174

(4) On receipt of a request pursuant to section 3701.881 of	175
the Revised Code with respect to an applicant for employment with	176
a home health agency as a person responsible for the care,	177
custody, or control of a child, a completed form prescribed	178
pursuant to division (C)(1) of this section, and a set of	179
fingerprint impressions obtained in the manner described in	180
division (C)(2) of this section, the superintendent of the bureau	181
of criminal identification and investigation shall conduct a	182
criminal records check. The superintendent shall conduct the	183
criminal records check in the manner described in division (B) of	184
this section to determine whether any information exists that	185
indicates that the person who is the subject of the request	186
previously has been convicted of or pleaded guilty to any of the	187
following:	188

(a) A violation of section 2903.01, 2903.02, 2903.03,	189
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	190
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	191
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	192
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	193
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	194
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	195
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	196
violation of section 2925.11 of the Revised Code that is not a	197
minor drug possession offense;	198

(b) An existing or former law of this state, any other state,	199
or the United States that is substantially equivalent to any of	200
the offenses listed in division (A)(4)(a) of this section.	201

(5) On receipt of a request pursuant to section 5111.032,	202
5111.033, or 5111.034 of the Revised Code, a completed form	203
prescribed pursuant to division (C)(1) of this section, and a set	204
of fingerprint impressions obtained in the manner described in	205
division (C)(2) of this section, the superintendent of the bureau	206
of criminal identification and investigation shall conduct a	207
criminal records check. The superintendent shall conduct the	208
criminal records check in the manner described in division (B) of	209
this section to determine whether any information exists that	210
indicates that the person who is the subject of the request	211
previously has been convicted of, has pleaded guilty to, or has	212
been found eligible for intervention in lieu of conviction for any	213
of the following, regardless of the date of the conviction, the	214
date of entry of the guilty plea, or the date the person was found	215
eligible for intervention in lieu of conviction:	216

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	217
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	218
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	219
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	220
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	221
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	222
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	223
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	224
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	225
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	226
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	227
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	228
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	229
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	230
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	231
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual	232
penetration in violation of former section 2907.12 of the Revised	233
Code, a violation of section 2905.04 of the Revised Code as it	234
existed prior to July 1, 1996, a violation of section 2919.23 of	235
the Revised Code that would have been a violation of section	236
2905.04 of the Revised Code as it existed prior to July 1, 1996,	237
had the violation been committed prior to that date;	238

(b) A violation of an existing or former municipal ordinance	239
or law of this state, any other state, or the United States that	240
is substantially equivalent to any of the offenses listed in	241
division (A)(5)(a) of this section.	242

(6) On receipt of a request pursuant to section 3701.881 of	243
the Revised Code with respect to an applicant for employment with	244
a home health agency in a position that involves providing direct	245
care to an older adult, a completed form prescribed pursuant to	246
division (C)(1) of this section, and a set of fingerprint	247
impressions obtained in the manner described in division (C)(2) of	248
this section, the superintendent of the bureau of criminal	249
identification and investigation shall conduct a criminal records	250
check. The superintendent shall conduct the criminal records check	251
in the manner described in division (B) of this section to	252
determine whether any information exists that indicates that the	253
person who is the subject of the request previously has been	254
convicted of or pleaded guilty to any of the following:	255

(a) A violation of section 2903.01, 2903.02, 2903.03,	256
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	257
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	258
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	259
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	260
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	261
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	262
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	263
2925.22, 2925.23, or 3716.11 of the Revised Code;	264

(b) An existing or former law of this state, any other state,	265
or the United States that is substantially equivalent to any of	266
the offenses listed in division (A)(6)(a) of this section.	267

(7) When conducting a criminal records check upon a request	268
pursuant to section 3319.39 of the Revised Code for an applicant	269
who is a teacher, in addition to the determination made under	270
division (A)(1) of this section, the superintendent shall	271
determine whether any information exists that indicates that the	272
person who is the subject of the request previously has been	273
convicted of or pleaded guilty to any offense specified in section	274
3319.31 of the Revised Code.	275

(8) On receipt of a request pursuant to section 2151.86 of	276
the Revised Code, a completed form prescribed pursuant to division	277
(C)(1) of this section, and a set of fingerprint impressions	278
obtained in the manner described in division (C)(2) of this	279
section, the superintendent of the bureau of criminal	280
identification and investigation shall conduct a criminal records	281
check in the manner described in division (B) of this section to	282
determine whether any information exists that indicates that the	283
person who is the subject of the request previously has been	284
convicted of or pleaded guilty to any of the following:	285

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	286
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	287
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	288
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	289
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	290
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	291
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	292
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	293
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	294
of the Revised Code, a violation of section 2905.04 of the Revised	295
Code as it existed prior to July 1, 1996, a violation of section	296
2919.23 of the Revised Code that would have been a violation of	297
section 2905.04 of the Revised Code as it existed prior to July 1,	298
1996, had the violation been committed prior to that date, a	299
violation of section 2925.11 of the Revised Code that is not a	300
minor drug possession offense, two or more OVI or OVUAC violations	301
committed within the three years immediately preceding the	302
submission of the application or petition that is the basis of the	303
request, or felonious sexual penetration in violation of former	304
section 2907.12 of the Revised Code;	305

(b) A violation of an existing or former law of this state,	306
any other state, or the United States that is substantially	307
equivalent to any of the offenses listed in division (A)(8)(a) of	308
this section.	309

(9) Upon receipt of a request pursuant to section 5104.012 or	310
5104.013 of the Revised Code, a completed form prescribed pursuant	311
to division (C)(1) of this section, and a set of fingerprint	312
impressions obtained in the manner described in division (C)(2) of	313
this section, the superintendent of the bureau of criminal	314
identification and investigation shall conduct a criminal records	315
check in the manner described in division (B) of this section to	316
determine whether any information exists that indicates that the	317
person who is the subject of the request has been convicted of or	318
pleaded guilty to any of the following:	319

(a) A violation of section 2903.01, 2903.02, 2903.03,	320
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	321
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	322
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	323
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	324
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	325
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	326
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	327
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	328
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	329
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	330
3716.11 of the Revised Code, felonious sexual penetration in	331
violation of former section 2907.12 of the Revised Code, a	332
violation of section 2905.04 of the Revised Code as it existed	333
prior to July 1, 1996, a violation of section 2919.23 of the	334
Revised Code that would have been a violation of section 2905.04	335
of the Revised Code as it existed prior to July 1, 1996, had the	336
violation been committed prior to that date, a violation of	337
section 2925.11 of the Revised Code that is not a minor drug	338
possession offense, a violation of section 2923.02 or 2923.03 of	339
the Revised Code that relates to a crime specified in this	340
division, or a second violation of section 4511.19 of the Revised	341
Code within five years of the date of application for licensure or	342
certification.	343

(b) A violation of an existing or former law of this state,	344
any other state, or the United States that is substantially	345
equivalent to any of the offenses or violations described in	346
division (A)(9)(a) of this section.	347

(10) Upon receipt of a request pursuant to section 5153.111	348
of the Revised Code, a completed form prescribed pursuant to	349
division (C)(1) of this section, and a set of fingerprint	350
impressions obtained in the manner described in division (C)(2) of	351
this section, the superintendent of the bureau of criminal	352
identification and investigation shall conduct a criminal records	353
check in the manner described in division (B) of this section to	354
determine whether any information exists that indicates that the	355
person who is the subject of the request previously has been	356
convicted of or pleaded guilty to any of the following:	357

(a) A violation of section 2903.01, 2903.02, 2903.03,	358
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	359
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	360
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	361
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	362
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	363
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	364
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	365
felonious sexual penetration in violation of former section	366
2907.12 of the Revised Code, a violation of section 2905.04 of the	367
Revised Code as it existed prior to July 1, 1996, a violation of	368
section 2919.23 of the Revised Code that would have been a	369
violation of section 2905.04 of the Revised Code as it existed	370
prior to July 1, 1996, had the violation been committed prior to	371
that date, or a violation of section 2925.11 of the Revised Code	372
that is not a minor drug possession offense;	373

(b) A violation of an existing or former law of this state,	374
any other state, or the United States that is substantially	375
equivalent to any of the offenses listed in division (A)(10)(a) of	376
this section.	377

(11) On receipt of a request for a criminal records check	378
from an individual pursuant to section 4749.03 or 4749.06 of the	379
Revised Code, accompanied by a completed copy of the form	380
prescribed in division (C)(1) of this section and a set of	381
fingerprint impressions obtained in a manner described in division	382
(C)(2) of this section, the superintendent of the bureau of	383
criminal identification and investigation shall conduct a criminal	384
records check in the manner described in division (B) of this	385
section to determine whether any information exists indicating	386
that the person who is the subject of the request has been	387
convicted of or pleaded guilty to a felony in this state or in any	388
other state. If the individual indicates that a firearm will be	389
carried in the course of business, the superintendent shall	390
require information from the federal bureau of investigation as	391
described in division (B)(2) of this section. The superintendent	392
shall report the findings of the criminal records check and any	393
information the federal bureau of investigation provides to the	394
director of public safety.	395

(12) On receipt of a request pursuant to section 1321.37,	396
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	397
Code, a completed form prescribed pursuant to division (C)(1) of	398
this section, and a set of fingerprint impressions obtained in the	399
manner described in division (C)(2) of this section, the	400
superintendent of the bureau of criminal identification and	401
investigation shall conduct a criminal records check with respect	402
to any person who has applied for a license, permit, or	403
certification from the department of commerce or a division in the	404
department. The superintendent shall conduct the criminal records	405
check in the manner described in division (B) of this section to	406
determine whether any information exists that indicates that the	407
person who is the subject of the request previously has been	408
convicted of or pleaded guilty to any of the following: a	409
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	410
2925.03 of the Revised Code; any other criminal offense involving	411
theft, receiving stolen property, embezzlement, forgery, fraud,	412
passing bad checks, money laundering, or drug trafficking, or any	413
criminal offense involving money or securities, as set forth in	414
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	415
the Revised Code; or any existing or former law of this state, any	416
other state, or the United States that is substantially equivalent	417
to those offenses.	418

(13) On receipt of a request for a criminal records check	419
from the treasurer of state under section 113.041 of the Revised	420
Code or from an individual under section 4701.08, 4715.101,	421
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	422
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	423
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	424
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	425
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	426
a completed form prescribed under division (C)(1) of this section	427
and a set of fingerprint impressions obtained in the manner	428
described in division (C)(2) of this section, the superintendent	429
of the bureau of criminal identification and investigation shall	430
conduct a criminal records check in the manner described in	431
division (B) of this section to determine whether any information	432
exists that indicates that the person who is the subject of the	433
request has been convicted of or pleaded guilty to any criminal	434
offense in this state or any other state. The superintendent shall	435
send the results of a check requested under section 113.041 of the	436
Revised Code to the treasurer of state and shall send the results	437
of a check requested under any of the other listed sections to the	438
licensing board specified by the individual in the request.	439

(14) On receipt of a request pursuant to section 1121.23,	440
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	441
Code, a completed form prescribed pursuant to division (C)(1) of	442
this section, and a set of fingerprint impressions obtained in the	443
manner described in division (C)(2) of this section, the	444
superintendent of the bureau of criminal identification and	445
investigation shall conduct a criminal records check in the manner	446
described in division (B) of this section to determine whether any	447
information exists that indicates that the person who is the	448
subject of the request previously has been convicted of or pleaded	449
guilty to any criminal offense under any existing or former law of	450
this state, any other state, or the United States.	451

(15) On receipt of a request for a criminal records check	452
from an appointing or licensing authority under section 3772.07 of	453
the Revised Code, a completed form prescribed under division	454
(C)(1) of this section, and a set of fingerprint impressions	455
obtained in the manner prescribed in division (C)(2) of this	456
section, the superintendent of the bureau of criminal	457
identification and investigation shall conduct a criminal records	458
check in the manner described in division (B) of this section to	459
determine whether any information exists that indicates that the	460
person who is the subject of the request previously has been	461
convicted of or pleaded guilty or no contest to any offense under	462
any existing or former law of this state, any other state, or the	463
United States that is a disqualifying offense as defined in	464
section 3772.07 of the Revised Code or substantially equivalent to	465
such an offense.	466

(16) Not later than thirty days after the date the	467
superintendent receives a request of a type described in division	468
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),	469
(14), or (15) of this section, the completed form, and the	470
fingerprint impressions, the superintendent shall send the person,	471
board, or entity that made the request any information, other than	472
information the dissemination of which is prohibited by federal	473
law, the superintendent determines exists with respect to the	474
person who is the subject of the request that indicates that the	475
person previously has been convicted of or pleaded guilty to any	476
offense listed or described in division (A)(1), (2), (3), (4),	477
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this	478
section, as appropriate. The superintendent shall send the person,	479
board, or entity that made the request a copy of the list of	480
offenses specified in division (A)(1), (2), (3), (4), (5), (6),	481
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as	482
appropriate. If the request was made under section 3701.881 of the	483
Revised Code with regard to an applicant who may be both	484
responsible for the care, custody, or control of a child and	485
involved in providing direct care to an older adult, the	486
superintendent shall provide a list of the offenses specified in	487
divisions (A)(4) and (6) of this section.	488

Not later than thirty days after the superintendent receives	489
a request for a criminal records check pursuant to section 113.041	490
of the Revised Code, the completed form, and the fingerprint	491
impressions, the superintendent shall send the treasurer of state	492
any information, other than information the dissemination of which	493
is prohibited by federal law, the superintendent determines exist	494
with respect to the person who is the subject of the request that	495
indicates that the person previously has been convicted of or	496
pleaded guilty to any criminal offense in this state or any other	497
state.	498

(B) ~~The~~Subject to division (F) of this section, the	499
superintendent shall conduct any criminal records check requested	500
under section 113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03,	501
1163.05, 1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47,	502
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	503
3721.121, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121,	504
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	505
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	506
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	507
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	508
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	509
5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the	510
Revised Code as follows:	511

(1) The superintendent shall review or cause to be reviewed	512
any relevant information gathered and compiled by the bureau under	513
division (A) of section 109.57 of the Revised Code that relates to	514
the person who is the subject of the request, including, if the	515
criminal records check was requested under section 113.041,	516
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	517
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	518
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	519
3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032,	520
5111.033, 5111.034, 5119.693, 5119.85, 5123.081, 5126.28,	521
5126.281, or 5153.111 of the Revised Code, any relevant	522
information contained in records that have been sealed under	523
section 2953.32 of the Revised Code;	524

(2) If the request received by the superintendent asks for	525
information from the federal bureau of investigation, the	526
superintendent shall request from the federal bureau of	527
investigation any information it has with respect to the person	528
who is the subject of the request, including fingerprint-based	529
checks of national crime information databases as described in 42	530
U.S.C. 671 if the request is made pursuant to section 2151.86,	531
5104.012, or 5104.013 of the Revised Code or if any other Revised	532
Code section requires fingerprint-based checks of that nature, and	533
shall review or cause to be reviewed any information the	534
superintendent receives from that bureau. If a request under	535
section 3319.39 of the Revised Code asks only for information from	536
the federal bureau of investigation, the superintendent shall not	537
conduct the review prescribed by division (B)(1) of this section.	538

(3) The superintendent or the superintendent's designee may	539
request criminal history records from other states or the federal	540
government pursuant to the national crime prevention and privacy	541
compact set forth in section 109.571 of the Revised Code.	542

(C)(1) The superintendent shall prescribe a form to obtain	543
the information necessary to conduct a criminal records check from	544
any person for whom a criminal records check is requested under	545
section 113.041 of the Revised Code or required by section 121.08,	546
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	547
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	548
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08,	549
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	550
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	551
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	552
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	553
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	554
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,	555
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	556
form that the superintendent prescribes pursuant to this division	557
may be in a tangible format, in an electronic format, or in both	558
tangible and electronic formats.	559

(2) The superintendent shall prescribe standard impression	560
sheets to obtain the fingerprint impressions of any person for	561
whom a criminal records check is requested under section 113.041	562
of the Revised Code or required by section 121.08, 173.27,	563
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	564
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	565
3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101,	566
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	567
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	568
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	569
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	570
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	571
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,	572
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any	573
person for whom a records check is requested under or required by	574
any of those sections shall obtain the fingerprint impressions at	575
a county sheriff's office, municipal police department, or any	576
other entity with the ability to make fingerprint impressions on	577
the standard impression sheets prescribed by the superintendent.	578
The office, department, or entity may charge the person a	579
reasonable fee for making the impressions. The standard impression	580
sheets the superintendent prescribes pursuant to this division may	581
be in a tangible format, in an electronic format, or in both	582
tangible and electronic formats.	583

(3) Subject to division (D) of this section, the	584
superintendent shall prescribe and charge a reasonable fee for	585
providing a criminal records check requested under section	586
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	587
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	588
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	589
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	590
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	591
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	592
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	593
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	594
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693,	595
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	596
Code. The person making a criminal records request under any of	597
those sections shall pay the fee prescribed pursuant to this	598
division. A person making a request under section 3701.881 of the	599
Revised Code for a criminal records check for an applicant who may	600
be both responsible for the care, custody, or control of a child	601
and involved in providing direct care to an older adult shall pay	602
one fee for the request. In the case of a request under section	603
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032	604
of the Revised Code, the fee shall be paid in the manner specified	605
in that section.	606

(4) The superintendent of the bureau of criminal	607
identification and investigation may prescribe methods of	608
forwarding fingerprint impressions and information necessary to	609
conduct a criminal records check, which methods shall include, but	610
not be limited to, an electronic method.	611

(D) A determination whether any information exists that	612
indicates that a person previously has been convicted of or	613
pleaded guilty to any offense listed or described in division	614
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	615
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	616
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15)	617
of this section, or that indicates that a person previously has	618
been convicted of or pleaded guilty to any criminal offense in	619
this state or any other state regarding a criminal records check	620
of a type described in division (A)(13) of this section, and that	621
is made by the superintendent with respect to information	622
considered in a criminal records check in accordance with this	623
section is valid for the person who is the subject of the criminal	624
records check for a period of one year from the date upon which	625
the superintendent makes the determination. During the period in	626
which the determination in regard to a person is valid, if another	627
request under this section is made for a criminal records check	628
for that person, the superintendent shall provide the information	629
that is the basis for the superintendent's initial determination	630
at a lower fee than the fee prescribed for the initial criminal	631
records check.	632

(E) When the superintendent receives a request for	633
information from a registered private provider, the superintendent	634
shall proceed as if the request was received from a school	635
district board of education under section 3319.39 of the Revised	636
Code. The superintendent shall apply division (A)(7) of this	637
section to any such request for an applicant who is a teacher.	638

(F) A criminal records check conducted under this section	639
shall not include any proceeding or adjudication in a juvenile	640
court and shall not include any proceeding in criminal court	641
against a person under eighteen years of age or any criminal	642
conviction of a person under eighteen years of age if the	643
proceeding or case was transferred back to the juvenile court	644
under section 2152.121 of the Revised Code.	645

(G) As used in this section:

646

(1) "Criminal records check" means any criminal records check	647
conducted by the superintendent of the bureau of criminal	648
identification and investigation in accordance with division (B)	649
of this section.	650

(2) "Minor drug possession offense" has the same meaning as	651
in section 2925.01 of the Revised Code.	652

(3) "Older adult" means a person age sixty or older.

653

(4) "OVI or OVUAC violation" means a violation of section	654
4511.19 of the Revised Code or a violation of an existing or	655
former law of this state, any other state, or the United States	656
that is substantially equivalent to section 4511.19 of the Revised	657
Code.	658

(5) "Registered private provider" means a nonpublic school or	659
entity registered with the superintendent of public instruction	660
under section 3310.41 of the Revised Code to participate in the	661
autism scholarship program or section 3310.58 of the Revised Code	662
to participate in the Jon Peterson special needs scholarship	663
program.	664

Sec. 109.578. (A) On receipt of a request pursuant to section	665
505.381, 737.081, 737.221, or 4765.301 of the Revised Code, a	666
completed form prescribed pursuant to division (C)(1) of this	667
section, and a set of fingerprint impressions obtained in the	668
manner described in division (C)(2) of this section, the	669
superintendent of the bureau of criminal identification and	670
investigation shall conduct a criminal records check in the manner	671
described in division (B) of this section to determine whether any	672
information exists that indicates that the person who is the	673
subject of the request previously has been convicted of or pleaded	674
guilty to any of the following:	675

(1) A felony;

676

(2) A violation of section 2909.03 of the Revised Code;

677

(3) A violation of an existing or former law of this state,	678
any other state, or the United States that is substantially	679
equivalent to any of the offenses listed in division (A)(1) or (2)	680
of this section.	681

(B) ~~The~~Subject to division (E) of this section, the	682
superintendent shall conduct any criminal records check pursuant	683
to division (A) of this section as follows:	684

(1) The superintendent shall review or cause to be reviewed	685
any relevant information gathered and compiled by the bureau under	686
division (A) of section 109.57 of the Revised Code that relates to	687
the person who is the subject of the request, including any	688
relevant information contained in records that have been sealed	689
under section 2953.32 of the Revised Code.	690

(2) If the request received by the superintendent asks for	691
information from the federal bureau of investigation, the	692
superintendent shall request from the federal bureau of	693
investigation any information it has with respect to the person	694
who is the subject of the request and shall review or cause to be	695
reviewed any information the superintendent receives from that	696
bureau.	697

(C)(1) The superintendent shall prescribe a form to obtain	698
the information necessary to conduct a criminal records check from	699
any person for whom a criminal records check is requested pursuant	700
to section 505.381, 737.081, 737.221, or 4765.301 of the Revised	701
Code. The form that the superintendent prescribes pursuant to this	702
division may be in a tangible format, in an electronic format, or	703
in both tangible and electronic formats.	704

(2) The superintendent shall prescribe standard impression	705
sheets to obtain the fingerprint impressions of any person for	706
whom a criminal records check is requested pursuant to section	707
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any	708
person for whom a records check is requested pursuant to any of	709
those sections shall obtain the fingerprint impressions at a	710
county sheriff's office, a municipal police department, or any	711
other entity with the ability to make fingerprint impressions on	712
the standard impression sheets prescribed by the superintendent.	713
The office, department, or entity may charge the person a	714
reasonable fee for making the impressions. The standard impression	715
sheets the superintendent prescribes pursuant to this division may	716
be in a tangible format, in an electronic format, or in both	717
tangible and electronic formats.	718

(3) Subject to division (D) of this section, the	719
superintendent shall prescribe and charge a reasonable fee for	720
providing a criminal records check requested under section	721
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The	722
person making the criminal records request shall pay the fee	723
prescribed pursuant to this division.	724

(4) The superintendent may prescribe methods of forwarding	725
fingerprint impressions and information necessary to conduct a	726
criminal records check. The methods shall include, but are not	727
limited to, an electronic method.	728

(D) A determination whether any information exists that	729
indicates that a person previously has been convicted of or	730
pleaded guilty to any offense listed or described in division (A)	731
of this section and that the superintendent made with respect to	732
information considered in a criminal records check in accordance	733
with this section is valid for the person who is the subject of	734
the criminal records check for a period of one year from the date	735
upon which the superintendent makes the determination. During the	736
period in which the determination in regard to a person is valid,	737
if another request under this section is made for a criminal	738
records check for that person, the superintendent shall provide	739
the information that is the basis for the superintendent's initial	740
determination at a lower fee than the fee prescribed for the	741
initial criminal records check.	742

(E) A criminal records check conducted under this section	743
shall not include any proceeding or adjudication in a juvenile	744
court and shall not include any proceeding in criminal court	745
against a person under eighteen years of age or any criminal	746
conviction of a person under eighteen years of age if the	747
proceeding or case was transferred back to juvenile court under	748
section 2152.121 of the Revised Code.	749

(F) As used in this section, "criminal records check" means	750
any criminal records check conducted by the superintendent of the	751
bureau of criminal identification and investigation in accordance	752
with division (B) of this section.	753

Sec. 149.43. (A) As used in this section:

754

(1) "Public record" means records kept by any public office,	755
including, but not limited to, state, county, city, village,	756
township, and school district units, and records pertaining to the	757
delivery of educational services by an alternative school in this	758
state kept by the nonprofit or for-profit entity operating the	759
alternative school pursuant to section 3313.533 of the Revised	760
Code. "Public record" does not mean any of the following:	761

(a) Medical records;

762

(b) Records pertaining to probation and parole proceedings or	763
to proceedings related to the imposition of community control	764
sanctions and post-release control sanctions;	765

(c) Records pertaining to actions under section 2151.85 and	766
division (C) of section 2919.121 of the Revised Code and to	767
appeals of actions arising under those sections;	768

(d) Records pertaining to adoption proceedings, including the	769
contents of an adoption file maintained by the department of	770
health under section 3705.12 of the Revised Code;	771

(e) Information in a record contained in the putative father	772
registry established by section 3107.062 of the Revised Code,	773
regardless of whether the information is held by the department of	774
job and family services or, pursuant to section 3111.69 of the	775
Revised Code, the office of child support in the department or a	776
child support enforcement agency;	777

(f) Records listed in division (A) of section 3107.42 of the	778
Revised Code or specified in division (A) of section 3107.52 of	779
the Revised Code;	780

(g) Trial preparation records;

781

(h) Confidential law enforcement investigatory records;

782

(i) Records containing information that is confidential under	783
section 2710.03 or 4112.05 of the Revised Code;	784

(j) DNA records stored in the DNA database pursuant to	785
section 109.573 of the Revised Code;	786

(k) Inmate records released by the department of	787
rehabilitation and correction to the department of youth services	788
or a court of record pursuant to division (E) of section 5120.21	789
of the Revised Code;	790

(l) Records maintained by the department of youth services	791
pertaining to children in its custody released by the department	792
of youth services to the department of rehabilitation and	793
correction pursuant to section 5139.05 of the Revised Code;	794

(m) Intellectual property records;

795

(n) Donor profile records;

796

(o) Records maintained by the department of job and family	797
services pursuant to section 3121.894 of the Revised Code;	798

(p) Peace officer, parole officer, probation officer,	799
bailiff, prosecuting attorney, assistant prosecuting attorney,	800
correctional employee, youth services employee, firefighter, EMT,	801
or investigator of the bureau of criminal identification and	802
investigation residential and familial information;	803

(q) In the case of a county hospital operated pursuant to	804
Chapter 339. of the Revised Code or a municipal hospital operated	805
pursuant to Chapter 749. of the Revised Code, information that	806
constitutes a trade secret, as defined in section 1333.61 of the	807
Revised Code;	808

(r) Information pertaining to the recreational activities of	809
a person under the age of eighteen;	810

(s) Records provided to, statements made by review board	811
members during meetings of, and all work products of a child	812
fatality review board acting under sections 307.621 to 307.629 of	813
the Revised Code, and child fatality review data submitted by the	814
child fatality review board to the department of health or a	815
national child death review database, other than the report	816
prepared pursuant to division (A) of section 307.626 of the	817
Revised Code;	818

(t) Records provided to and statements made by the executive	819
director of a public children services agency or a prosecuting	820
attorney acting pursuant to section 5153.171 of the Revised Code	821
other than the information released under that section;	822

(u) Test materials, examinations, or evaluation tools used in	823
an examination for licensure as a nursing home administrator that	824
the board of examiners of nursing home administrators administers	825
under section 4751.04 of the Revised Code or contracts under that	826
section with a private or government entity to administer;	827

(v) Records the release of which is prohibited by state or	828
federal law;	829

(w) Proprietary information of or relating to any person that	830
is submitted to or compiled by the Ohio venture capital authority	831
created under section 150.01 of the Revised Code;	832

(x) Information reported and evaluations conducted pursuant	833
to section 3701.072 of the Revised Code;	834

(y) Financial statements and data any person submits for any	835
purpose to the Ohio housing finance agency or the controlling	836
board in connection with applying for, receiving, or accounting	837
for financial assistance from the agency, and information that	838
identifies any individual who benefits directly or indirectly from	839
financial assistance from the agency;	840

(z) Records listed in section 5101.29 of the Revised Code;

841

(aa) Discharges recorded with a county recorder under section	842
317.24 of the Revised Code, as specified in division (B)(2) of	843
that section;	844

(bb) Usage information including names and addresses of	845
specific residential and commercial customers of a municipally	846
owned or operated public utility;	847

(cc) Records pertaining to a case or proceeding in which a	848
person was or is alleged to be or adjudicated an unruly or	849
delinquent child or a juvenile traffic offender under Chapter	850
2151. or 2152. of the Revised Code.	851

(2) "Confidential law enforcement investigatory record" means	852
any record that pertains to a law enforcement matter of a	853
criminal, quasi-criminal, civil, or administrative nature, but	854
only to the extent that the release of the record would create a	855
high probability of disclosure of any of the following:	856

(a) The identity of a suspect who has not been charged with	857
the offense to which the record pertains, or of an information	858
source or witness to whom confidentiality has been reasonably	859
promised;	860

(b) Information provided by an information source or witness	861
to whom confidentiality has been reasonably promised, which	862
information would reasonably tend to disclose the source's or	863
witness's identity;	864

(c) Specific confidential investigatory techniques or	865
procedures or specific investigatory work product;	866

(d) Information that would endanger the life or physical	867
safety of law enforcement personnel, a crime victim, a witness, or	868
a confidential information source.	869

(3) "Medical record" means any document or combination of	870
documents, except births, deaths, and the fact of admission to or	871
discharge from a hospital, that pertains to the medical history,	872
diagnosis, prognosis, or medical condition of a patient and that	873
is generated and maintained in the process of medical treatment.	874

(4) "Trial preparation record" means any record that contains	875
information that is specifically compiled in reasonable	876
anticipation of, or in defense of, a civil or criminal action or	877
proceeding, including the independent thought processes and	878
personal trial preparation of an attorney.	879

(5) "Intellectual property record" means a record, other than	880
a financial or administrative record, that is produced or	881
collected by or for faculty or staff of a state institution of	882
higher learning in the conduct of or as a result of study or	883
research on an educational, commercial, scientific, artistic,	884
technical, or scholarly issue, regardless of whether the study or	885
research was sponsored by the institution alone or in conjunction	886
with a governmental body or private concern, and that has not been	887
publicly released, published, or patented.	888

(6) "Donor profile record" means all records about donors or	889
potential donors to a public institution of higher education	890
except the names and reported addresses of the actual donors and	891
the date, amount, and conditions of the actual donation.	892

(7) "Peace officer, parole officer, probation officer,	893
bailiff, prosecuting attorney, assistant prosecuting attorney,	894
correctional employee, youth services employee, firefighter, EMT,	895
or investigator of the bureau of criminal identification and	896
investigation residential and familial information" means any	897
information that discloses any of the following about a peace	898
officer, parole officer, probation officer, bailiff, prosecuting	899
attorney, assistant prosecuting attorney, correctional employee,	900
youth services employee, firefighter, EMT, or investigator of the	901
bureau of criminal identification and investigation:	902

(a) The address of the actual personal residence of a peace	903
officer, parole officer, probation officer, bailiff, assistant	904
prosecuting attorney, correctional employee, youth services	905
employee, firefighter, EMT, or an investigator of the bureau of	906
criminal identification and investigation, except for the state or	907
political subdivision in which the peace officer, parole officer,	908
probation officer, bailiff, assistant prosecuting attorney,	909
correctional employee, youth services employee, firefighter, EMT,	910
or investigator of the bureau of criminal identification and	911
investigation resides;	912

(b) Information compiled from referral to or participation in	913
an employee assistance program;	914

(c) The social security number, the residential telephone	915
number, any bank account, debit card, charge card, or credit card	916
number, or the emergency telephone number of, or any medical	917
information pertaining to, a peace officer, parole officer,	918
probation officer, bailiff, prosecuting attorney, assistant	919
prosecuting attorney, correctional employee, youth services	920
employee, firefighter, EMT, or investigator of the bureau of	921
criminal identification and investigation;	922

(d) The name of any beneficiary of employment benefits,	923
including, but not limited to, life insurance benefits, provided	924
to a peace officer, parole officer, probation officer, bailiff,	925
prosecuting attorney, assistant prosecuting attorney, correctional	926
employee, youth services employee, firefighter, EMT, or	927
investigator of the bureau of criminal identification and	928
investigation by the peace officer's, parole officer's, probation	929
officer's, bailiff's, prosecuting attorney's, assistant	930
prosecuting attorney's, correctional employee's, youth services	931
employee's, firefighter's, EMT's, or investigator of the bureau of	932
criminal identification and investigation's employer;	933

(e) The identity and amount of any charitable or employment	934
benefit deduction made by the peace officer's, parole officer's,	935
probation officer's, bailiff's, prosecuting attorney's, assistant	936
prosecuting attorney's, correctional employee's, youth services	937
employee's, firefighter's, EMT's, or investigator of the bureau of	938
criminal identification and investigation's employer from the	939
peace officer's, parole officer's, probation officer's, bailiff's,	940
prosecuting attorney's, assistant prosecuting attorney's,	941
correctional employee's, youth services employee's, firefighter's,	942
EMT's, or investigator of the bureau of criminal identification	943
and investigation's compensation unless the amount of the	944
deduction is required by state or federal law;	945

(f) The name, the residential address, the name of the	946
employer, the address of the employer, the social security number,	947
the residential telephone number, any bank account, debit card,	948
charge card, or credit card number, or the emergency telephone	949
number of the spouse, a former spouse, or any child of a peace	950
officer, parole officer, probation officer, bailiff, prosecuting	951
attorney, assistant prosecuting attorney, correctional employee,	952
youth services employee, firefighter, EMT, or investigator of the	953
bureau of criminal identification and investigation;	954

(g) A photograph of a peace officer who holds a position or	955
has an assignment that may include undercover or plain clothes	956
positions or assignments as determined by the peace officer's	957
appointing authority.	958

As used in divisions (A)(7) and (B)(9) of this section,	959
"peace officer" has the same meaning as in section 109.71 of the	960
Revised Code and also includes the superintendent and troopers of	961
the state highway patrol; it does not include the sheriff of a	962
county or a supervisory employee who, in the absence of the	963
sheriff, is authorized to stand in for, exercise the authority of,	964
and perform the duties of the sheriff.	965

As used in divisions (A)(7) and (B)(5) of this section,	966
"correctional employee" means any employee of the department of	967
rehabilitation and correction who in the course of performing the	968
employee's job duties has or has had contact with inmates and	969
persons under supervision.	970

As used in divisions (A)(7) and (B)(5) of this section,	971
"youth services employee" means any employee of the department of	972
youth services who in the course of performing the employee's job	973
duties has or has had contact with children committed to the	974
custody of the department of youth services.	975

As used in divisions (A)(7) and (B)(9) of this section,	976
"firefighter" means any regular, paid or volunteer, member of a	977
lawfully constituted fire department of a municipal corporation,	978
township, fire district, or village.	979

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	980
means EMTs-basic, EMTs-I, and paramedics that provide emergency	981
medical services for a public emergency medical service	982
organization. "Emergency medical service organization,"	983
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	984
section 4765.01 of the Revised Code.	985

As used in divisions (A)(7) and (B)(9) of this section,	986
"investigator of the bureau of criminal identification and	987
investigation" has the meaning defined in section 2903.11 of the	988
Revised Code.	989

(8) "Information pertaining to the recreational activities of	990
a person under the age of eighteen" means information that is kept	991
in the ordinary course of business by a public office, that	992
pertains to the recreational activities of a person under the age	993
of eighteen years, and that discloses any of the following:	994

(a) The address or telephone number of a person under the age	995
of eighteen or the address or telephone number of that person's	996
parent, guardian, custodian, or emergency contact person;	997

(b) The social security number, birth date, or photographic	998
image of a person under the age of eighteen;	999

(c) Any medical record, history, or information pertaining to	1000
a person under the age of eighteen;	1001

(d) Any additional information sought or required about a	1002
person under the age of eighteen for the purpose of allowing that	1003
person to participate in any recreational activity conducted or	1004
sponsored by a public office or to use or obtain admission	1005
privileges to any recreational facility owned or operated by a	1006
public office.	1007

(9) "Community control sanction" has the same meaning as in	1008
section 2929.01 of the Revised Code.	1009

(10) "Post-release control sanction" has the same meaning as	1010
in section 2967.01 of the Revised Code.	1011

(11) "Redaction" means obscuring or deleting any information	1012
that is exempt from the duty to permit public inspection or	1013
copying from an item that otherwise meets the definition of a	1014
"record" in section 149.011 of the Revised Code.	1015

(12) "Designee" and "elected official" have the same meanings	1016
as in section 109.43 of the Revised Code.	1017

(B)(1) Upon request and subject to division (B)(8) of this	1018
section, all public records responsive to the request shall be	1019
promptly prepared and made available for inspection to any person	1020
at all reasonable times during regular business hours. Subject to	1021
division (B)(8) of this section, upon request, a public office or	1022
person responsible for public records shall make copies of the	1023
requested public record available at cost and within a reasonable	1024
period of time. If a public record contains information that is	1025
exempt from the duty to permit public inspection or to copy the	1026
public record, the public office or the person responsible for the	1027
public record shall make available all of the information within	1028
the public record that is not exempt. When making that public	1029
record available for public inspection or copying that public	1030
record, the public office or the person responsible for the public	1031
record shall notify the requester of any redaction or make the	1032
redaction plainly visible. A redaction shall be deemed a denial of	1033
a request to inspect or copy the redacted information, except if	1034
federal or state law authorizes or requires a public office to	1035
make the redaction.	1036

(2) To facilitate broader access to public records, a public	1037
office or the person responsible for public records shall organize	1038
and maintain public records in a manner that they can be made	1039
available for inspection or copying in accordance with division	1040
(B) of this section. A public office also shall have available a	1041
copy of its current records retention schedule at a location	1042
readily available to the public. If a requester makes an ambiguous	1043
or overly broad request or has difficulty in making a request for	1044
copies or inspection of public records under this section such	1045
that the public office or the person responsible for the requested	1046
public record cannot reasonably identify what public records are	1047
being requested, the public office or the person responsible for	1048
the requested public record may deny the request but shall provide	1049
the requester with an opportunity to revise the request by	1050
informing the requester of the manner in which records are	1051
maintained by the public office and accessed in the ordinary	1052
course of the public office's or person's duties.	1053

(3) If a request is ultimately denied, in part or in whole,	1054
the public office or the person responsible for the requested	1055
public record shall provide the requester with an explanation,	1056
including legal authority, setting forth why the request was	1057
denied. If the initial request was provided in writing, the	1058
explanation also shall be provided to the requester in writing.	1059
The explanation shall not preclude the public office or the person	1060
responsible for the requested public record from relying upon	1061
additional reasons or legal authority in defending an action	1062
commenced under division (C) of this section.	1063

(4) Unless specifically required or authorized by state or	1064
federal law or in accordance with division (B) of this section, no	1065
public office or person responsible for public records may limit	1066
or condition the availability of public records by requiring	1067
disclosure of the requester's identity or the intended use of the	1068
requested public record. Any requirement that the requester	1069
disclose the requestor's identity or the intended use of the	1070
requested public record constitutes a denial of the request.	1071

(5) A public office or person responsible for public records	1072
may ask a requester to make the request in writing, may ask for	1073
the requester's identity, and may inquire about the intended use	1074
of the information requested, but may do so only after disclosing	1075
to the requester that a written request is not mandatory and that	1076
the requester may decline to reveal the requester's identity or	1077
the intended use and when a written request or disclosure of the	1078
identity or intended use would benefit the requester by enhancing	1079
the ability of the public office or person responsible for public	1080
records to identify, locate, or deliver the public records sought	1081
by the requester.	1082

(6) If any person chooses to obtain a copy of a public record	1083
in accordance with division (B) of this section, the public office	1084
or person responsible for the public record may require that	1085
person to pay in advance the cost involved in providing the copy	1086
of the public record in accordance with the choice made by the	1087
person seeking the copy under this division. The public office or	1088
the person responsible for the public record shall permit that	1089
person to choose to have the public record duplicated upon paper,	1090
upon the same medium upon which the public office or person	1091
responsible for the public record keeps it, or upon any other	1092
medium upon which the public office or person responsible for the	1093
public record determines that it reasonably can be duplicated as	1094
an integral part of the normal operations of the public office or	1095
person responsible for the public record. When the person seeking	1096
the copy makes a choice under this division, the public office or	1097
person responsible for the public record shall provide a copy of	1098
it in accordance with the choice made by the person seeking the	1099
copy. Nothing in this section requires a public office or person	1100
responsible for the public record to allow the person seeking a	1101
copy of the public record to make the copies of the public record.	1102

(7) Upon a request made in accordance with division (B) of	1103
this section and subject to division (B)(6) of this section, a	1104
public office or person responsible for public records shall	1105
transmit a copy of a public record to any person by United States	1106
mail or by any other means of delivery or transmission within a	1107
reasonable period of time after receiving the request for the	1108
copy. The public office or person responsible for the public	1109
record may require the person making the request to pay in advance	1110
the cost of postage if the copy is transmitted by United States	1111
mail or the cost of delivery if the copy is transmitted other than	1112
by United States mail, and to pay in advance the costs incurred	1113
for other supplies used in the mailing, delivery, or transmission.	1114

Any public office may adopt a policy and procedures that it	1115
will follow in transmitting, within a reasonable period of time	1116
after receiving a request, copies of public records by United	1117
States mail or by any other means of delivery or transmission	1118
pursuant to this division. A public office that adopts a policy	1119
and procedures under this division shall comply with them in	1120
performing its duties under this division.	1121

In any policy and procedures adopted under this division, a	1122
public office may limit the number of records requested by a	1123
person that the office will transmit by United States mail to ten	1124
per month, unless the person certifies to the office in writing	1125
that the person does not intend to use or forward the requested	1126
records, or the information contained in them, for commercial	1127
purposes. For purposes of this division, "commercial" shall be	1128
narrowly construed and does not include reporting or gathering	1129
news, reporting or gathering information to assist citizen	1130
oversight or understanding of the operation or activities of	1131
government, or nonprofit educational research.	1132

(8) A public office or person responsible for public records	1133
is not required to permit a person who is incarcerated pursuant to	1134
a criminal conviction or a juvenile adjudication to inspect or to	1135
obtain a copy of any public record concerning a criminal	1136
investigation or prosecution or concerning what would be a	1137
criminal investigation or prosecution if the subject of the	1138
investigation or prosecution were an adult, unless the request to	1139
inspect or to obtain a copy of the record is for the purpose of	1140
acquiring information that is subject to release as a public	1141
record under this section and the judge who imposed the sentence	1142
or made the adjudication with respect to the person, or the	1143
judge's successor in office, finds that the information sought in	1144
the public record is necessary to support what appears to be a	1145
justiciable claim of the person.	1146

(9)(a) Upon written request made and signed by a journalist	1147
on or after December 16, 1999, a public office, or person	1148
responsible for public records, having custody of the records of	1149
the agency employing a specified peace officer, parole officer,	1150
probation officer, bailiff, prosecuting attorney, assistant	1151
prosecuting attorney, correctional employee, youth services	1152
employee, firefighter, EMT, or investigator of the bureau of	1153
criminal identification and investigation shall disclose to the	1154
journalist the address of the actual personal residence of the	1155
peace officer, parole officer, probation officer, bailiff,	1156
prosecuting attorney, assistant prosecuting attorney, correctional	1157
employee, youth services employee, firefighter, EMT, or	1158
investigator of the bureau of criminal identification and	1159
investigation and, if the peace officer's, parole officer's,	1160
probation officer's, bailiff's, prosecuting attorney's, assistant	1161
prosecuting attorney's, correctional employee's, youth services	1162
employee's, firefighter's, EMT's, or investigator of the bureau of	1163
criminal identification and investigation's spouse, former spouse,	1164
or child is employed by a public office, the name and address of	1165
the employer of the peace officer's, parole officer's, probation	1166
officer's, bailiff's, prosecuting attorney's, assistant	1167
prosecuting attorney's, correctional employee's, youth services	1168
employee's, firefighter's, EMT's, or investigator of the bureau of	1169
criminal identification and investigation's spouse, former spouse,	1170
or child. The request shall include the journalist's name and	1171
title and the name and address of the journalist's employer and	1172
shall state that disclosure of the information sought would be in	1173
the public interest.	1174

(b) Division (B)(9)(a) of this section also applies to	1175
journalist requests for customer information maintained by a	1176
municipally owned or operated public utility, other than social	1177
security numbers and any private financial information such as	1178
credit reports, payment methods, credit card numbers, and bank	1179
account information.	1180

(c) As used in division (B)(9) of this section, "journalist"	1181
means a person engaged in, connected with, or employed by any news	1182
medium, including a newspaper, magazine, press association, news	1183
agency, or wire service, a radio or television station, or a	1184
similar medium, for the purpose of gathering, processing,	1185
transmitting, compiling, editing, or disseminating information for	1186
the general public.	1187

(C)(1) If a person allegedly is aggrieved by the failure of a	1188
public office or the person responsible for public records to	1189
promptly prepare a public record and to make it available to the	1190
person for inspection in accordance with division (B) of this	1191
section or by any other failure of a public office or the person	1192
responsible for public records to comply with an obligation in	1193
accordance with division (B) of this section, the person allegedly	1194
aggrieved may commence a mandamus action to obtain a judgment that	1195
orders the public office or the person responsible for the public	1196
record to comply with division (B) of this section, that awards	1197
court costs and reasonable attorney's fees to the person that	1198
instituted the mandamus action, and, if applicable, that includes	1199
an order fixing statutory damages under division (C)(1) of this	1200
section. The mandamus action may be commenced in the court of	1201
common pleas of the county in which division (B) of this section	1202
allegedly was not complied with, in the supreme court pursuant to	1203
its original jurisdiction under Section 2 of Article IV, Ohio	1204
Constitution, or in the court of appeals for the appellate	1205
district in which division (B) of this section allegedly was not	1206
complied with pursuant to its original jurisdiction under Section	1207
3 of Article IV, Ohio Constitution.	1208

If a requestor transmits a written request by hand delivery	1209
or certified mail to inspect or receive copies of any public	1210
record in a manner that fairly describes the public record or	1211
class of public records to the public office or person responsible	1212
for the requested public records, except as otherwise provided in	1213
this section, the requestor shall be entitled to recover the	1214
amount of statutory damages set forth in this division if a court	1215
determines that the public office or the person responsible for	1216
public records failed to comply with an obligation in accordance	1217
with division (B) of this section.	1218

The amount of statutory damages shall be fixed at one hundred	1219
dollars for each business day during which the public office or	1220
person responsible for the requested public records failed to	1221
comply with an obligation in accordance with division (B) of this	1222
section, beginning with the day on which the requester files a	1223
mandamus action to recover statutory damages, up to a maximum of	1224
one thousand dollars. The award of statutory damages shall not be	1225
construed as a penalty, but as compensation for injury arising	1226
from lost use of the requested information. The existence of this	1227
injury shall be conclusively presumed. The award of statutory	1228
damages shall be in addition to all other remedies authorized by	1229
this section.	1230

The court may reduce an award of statutory damages or not	1231
award statutory damages if the court determines both of the	1232
following:	1233

(a) That, based on the ordinary application of statutory law	1234
and case law as it existed at the time of the conduct or	1235
threatened conduct of the public office or person responsible for	1236
the requested public records that allegedly constitutes a failure	1237
to comply with an obligation in accordance with division (B) of	1238
this section and that was the basis of the mandamus action, a	1239
well-informed public office or person responsible for the	1240
requested public records reasonably would believe that the conduct	1241
or threatened conduct of the public office or person responsible	1242
for the requested public records did not constitute a failure to	1243
comply with an obligation in accordance with division (B) of this	1244
section;	1245

(b) That a well-informed public office or person responsible	1246
for the requested public records reasonably would believe that the	1247
conduct or threatened conduct of the public office or person	1248
responsible for the requested public records would serve the	1249
public policy that underlies the authority that is asserted as	1250
permitting that conduct or threatened conduct.	1251

(2)(a) If the court issues a writ of mandamus that orders the	1252
public office or the person responsible for the public record to	1253
comply with division (B) of this section and determines that the	1254
circumstances described in division (C)(1) of this section exist,	1255
the court shall determine and award to the relator all court	1256
costs.	1257

(b) If the court renders a judgment that orders the public	1258
office or the person responsible for the public record to comply	1259
with division (B) of this section, the court may award reasonable	1260
attorney's fees subject to reduction as described in division	1261
(C)(2)(c) of this section. The court shall award reasonable	1262
attorney's fees, subject to reduction as described in division	1263
(C)(2)(c) of this section when either of the following applies:	1264

(i) The public office or the person responsible for the	1265
public records failed to respond affirmatively or negatively to	1266
the public records request in accordance with the time allowed	1267
under division (B) of this section.	1268

(ii) The public office or the person responsible for the	1269
public records promised to permit the relator to inspect or	1270
receive copies of the public records requested within a specified	1271
period of time but failed to fulfill that promise within that	1272
specified period of time.	1273

(c) Court costs and reasonable attorney's fees awarded under	1274
this section shall be construed as remedial and not punitive.	1275
Reasonable attorney's fees shall include reasonable fees incurred	1276
to produce proof of the reasonableness and amount of the fees and	1277
to otherwise litigate entitlement to the fees. The court may	1278
reduce an award of attorney's fees to the relator or not award	1279
attorney's fees to the relator if the court determines both of the	1280
following:	1281

(i) That, based on the ordinary application of statutory law	1282
and case law as it existed at the time of the conduct or	1283
threatened conduct of the public office or person responsible for	1284
the requested public records that allegedly constitutes a failure	1285
to comply with an obligation in accordance with division (B) of	1286
this section and that was the basis of the mandamus action, a	1287
well-informed public office or person responsible for the	1288
requested public records reasonably would believe that the conduct	1289
or threatened conduct of the public office or person responsible	1290
for the requested public records did not constitute a failure to	1291
comply with an obligation in accordance with division (B) of this	1292
section;	1293

(ii) That a well-informed public office or person responsible	1294
for the requested public records reasonably would believe that the	1295
conduct or threatened conduct of the public office or person	1296
responsible for the requested public records as described in	1297
division (C)(2)(c)(i) of this section would serve the public	1298
policy that underlies the authority that is asserted as permitting	1299
that conduct or threatened conduct.	1300

(D) Chapter 1347. of the Revised Code does not limit the	1301
provisions of this section.	1302

(E)(1) To ensure that all employees of public offices are	1303
appropriately educated about a public office's obligations under	1304
division (B) of this section, all elected officials or their	1305
appropriate designees shall attend training approved by the	1306
attorney general as provided in section 109.43 of the Revised	1307
Code. In addition, all public offices shall adopt a public records	1308
policy in compliance with this section for responding to public	1309
records requests. In adopting a public records policy under this	1310
division, a public office may obtain guidance from the model	1311
public records policy developed and provided to the public office	1312
by the attorney general under section 109.43 of the Revised Code.	1313
Except as otherwise provided in this section, the policy may not	1314
limit the number of public records that the public office will	1315
make available to a single person, may not limit the number of	1316
public records that it will make available during a fixed period	1317
of time, and may not establish a fixed period of time before it	1318
will respond to a request for inspection or copying of public	1319
records, unless that period is less than eight hours.	1320

(2) The public office shall distribute the public records	1321
policy adopted by the public office under division (E)(1) of this	1322
section to the employee of the public office who is the records	1323
custodian or records manager or otherwise has custody of the	1324
records of that office. The public office shall require that	1325
employee to acknowledge receipt of the copy of the public records	1326
policy. The public office shall create a poster that describes its	1327
public records policy and shall post the poster in a conspicuous	1328
place in the public office and in all locations where the public	1329
office has branch offices. The public office may post its public	1330
records policy on the internet web site of the public office if	1331
the public office maintains an internet web site. A public office	1332
that has established a manual or handbook of its general policies	1333
and procedures for all employees of the public office shall	1334
include the public records policy of the public office in the	1335
manual or handbook.	1336

(F)(1) The bureau of motor vehicles may adopt rules pursuant	1337
to Chapter 119. of the Revised Code to reasonably limit the number	1338
of bulk commercial special extraction requests made by a person	1339
for the same records or for updated records during a calendar	1340
year. The rules may include provisions for charges to be made for	1341
bulk commercial special extraction requests for the actual cost of	1342
the bureau, plus special extraction costs, plus ten per cent. The	1343
bureau may charge for expenses for redacting information, the	1344
release of which is prohibited by law.	1345

(2) As used in division (F)(1) of this section:

1346

(a) "Actual cost" means the cost of depleted supplies,	1347
records storage media costs, actual mailing and alternative	1348
delivery costs, or other transmitting costs, and any direct	1349
equipment operating and maintenance costs, including actual costs	1350
paid to private contractors for copying services.	1351

(b) "Bulk commercial special extraction request" means a	1352
request for copies of a record for information in a format other	1353
than the format already available, or information that cannot be	1354
extracted without examination of all items in a records series,	1355
class of records, or data base by a person who intends to use or	1356
forward the copies for surveys, marketing, solicitation, or resale	1357
for commercial purposes. "Bulk commercial special extraction	1358
request" does not include a request by a person who gives	1359
assurance to the bureau that the person making the request does	1360
not intend to use or forward the requested copies for surveys,	1361
marketing, solicitation, or resale for commercial purposes.	1362

(c) "Commercial" means profit-seeking production, buying, or	1363
selling of any good, service, or other product.	1364

(d) "Special extraction costs" means the cost of the time	1365
spent by the lowest paid employee competent to perform the task,	1366
the actual amount paid to outside private contractors employed by	1367
the bureau, or the actual cost incurred to create computer	1368
programs to make the special extraction. "Special extraction	1369
costs" include any charges paid to a public agency for computer or	1370
records services.	1371

(3) For purposes of divisions (F)(1) and (2) of this section,	1372
"surveys, marketing, solicitation, or resale for commercial	1373
purposes" shall be narrowly construed and does not include	1374
reporting or gathering news, reporting or gathering information to	1375
assist citizen oversight or understanding of the operation or	1376
activities of government, or nonprofit educational research.	1377

Sec. 2151.356. (A) The records of a case in which a person	1378
was adjudicated a delinquent child for committing a violation of	1379
section 2903.01, 2903.02, or 2907.02~~, 2907.03, or 2907.05~~ of the	1380
Revised Code shall not be sealed under this section.	1381

(B)(1) The juvenile court shall promptly order the immediate	1382
sealing of records pertaining to a juvenile in any of the	1383
following circumstances:	1384

(a) If the court receives a record from a public office or	1385
agency under division (B)(2) of this section;	1386

(b) If a person was brought before or referred to the court	1387
for allegedly committing a delinquent or unruly act and the case	1388
was resolved without the filing of a complaint against the person	1389
with respect to that act pursuant to section 2151.27 of the	1390
Revised Code;	1391

(c) If a person was charged with violating division (E)(1) of	1392
section 4301.69 of the Revised Code and the person has	1393
successfully completed a diversion program under division	1394
(E)(2)(a) of section 4301.69 of the Revised Code with respect to	1395
that charge;	1396

(d) If a complaint was filed against a person alleging that	1397
the person was a delinquent child, an unruly child, or a juvenile	1398
traffic offender and the court dismisses the complaint after a	1399
trial on the merits of the case or finds the person not to be a	1400
delinquent child, an unruly child, or a juvenile traffic offender;	1401

(e) Notwithstanding division (C) of this section and subject	1402
to section 2151.358 of the Revised Code, if a person has been	1403
adjudicated an unruly child, that person has attained eighteen	1404
years of age, and the person is not under the jurisdiction of the	1405
court in relation to a complaint alleging the person to be a	1406
delinquent child.	1407

(2) The appropriate public office or agency shall immediately	1408
deliver all original records at that public office or agency	1409
pertaining to a juvenile to the court, if the person was arrested	1410
or taken into custody for allegedly committing a delinquent or	1411
unruly act, no complaint was filed against the person with respect	1412
to the commission of the act pursuant to section 2151.27 of the	1413
Revised Code, and the person was not brought before or referred to	1414
the court for the commission of the act. The records delivered to	1415
the court as required under this division shall not include	1416
fingerprints, DNA specimens, and DNA records described under	1417
division (A)(3) of section 2151.357 of the Revised Code.	1418

(C)(1) The juvenile court shall consider the sealing of	1419
records pertaining to a juvenile upon the court's own motion or	1420
upon the application of a person if the person has been	1421
adjudicated a delinquent child for committing an act other than a	1422
violation of section 2903.01, 2903.02, or 2907.02~~, 2907.03, or~~	1423
~~2907.05~~ of the Revised Code, an unruly child, or a juvenile	1424
traffic offender and if, at the time of the motion or application,	1425
the person is not under the jurisdiction of the court in relation	1426
to a complaint alleging the person to be a delinquent child. The	1427
court shall not require a fee for the filing of the application.	1428
The motion or application may be made at any time after ~~two years~~	1429
~~after the later of~~each of the following that applies:	1430

(a) The termination of any order made by the court in	1431
relation to the adjudication;	1432

(b) The unconditional discharge of the person from the	1433
department of youth services with respect to a dispositional order	1434
made in relation to the adjudication or from an institution or	1435
facility to which the person was committed pursuant to a	1436
dispositional order made in relation to the adjudication;	1437

(c) The court enters an order under section 2152.84 or	1438
2152.85 of the Revised Code that contains a determination that the	1439
child is no longer a juvenile offender registrant.	1440

(2) In making the determination whether to seal records	1441
pursuant to division (C)(1) of this section, all of the following	1442
apply:	1443

(a) The court may require a person filing an application	1444
under division (C)(1) of this section to submit any relevant	1445
documentation to support the application.	1446

(b) The court may cause an investigation to be made to	1447
determine if the person who is the subject of the proceedings has	1448
been rehabilitated to a satisfactory degree.	1449

(c) The court shall promptly notify the prosecuting attorney	1450
of any proceedings to seal records initiated pursuant to division	1451
(C)(1) of this section.	1452

(d)(i) The prosecuting attorney may file a response with the	1453
court within thirty days of receiving notice of the sealing	1454
proceedings.	1455

(ii) If the prosecuting attorney does not file a response	1456
with the court or if the prosecuting attorney files a response but	1457
indicates that the prosecuting attorney does not object to the	1458
sealing of the records, the court may order the records of the	1459
person that are under consideration to be sealed without	1460
conducting a hearing on the motion or application. If the court	1461
decides in its discretion to conduct a hearing on the motion or	1462
application, the court shall conduct the hearing within thirty	1463
days after making that decision and shall give notice, by regular	1464
mail, of the date, time, and location of the hearing to the	1465
prosecuting attorney and to the person who is the subject of the	1466
records under consideration.	1467

(iii) If the prosecuting attorney files a response with the	1468
court that indicates that the prosecuting attorney objects to the	1469
sealing of the records, the court shall conduct a hearing on the	1470
motion or application within thirty days after the court receives	1471
the response. The court shall give notice, by regular mail, of the	1472
date, time, and location of the hearing to the prosecuting	1473
attorney and to the person who is the subject of the records under	1474
consideration.	1475

(e) After conducting a hearing in accordance with division	1476
(C)(2)(d) of this section or after due consideration when a	1477
hearing is not conducted, except as provided in division (B)(1)(c)	1478
of this section, the court may order the records of the person	1479
that are the subject of the motion or application to be sealed if	1480
it finds that the person has been rehabilitated to a satisfactory	1481
degree. In determining whether the person has been rehabilitated	1482
to a satisfactory degree, the court may consider all of the	1483
following:	1484

(i) The age of the person;

1485

(ii) The nature of the case;

1486

(iii) The cessation or continuation of delinquent, unruly, or	1487
criminal behavior;	1488

(iv) The education and employment history of the person;

1489

(v) The granting of a new tier classification or	1490
declassification from the juvenile offender registry pursuant to	1491
section 2152.85 of the Revised Code, except for public	1492
registry-qualified juvenile offender registrants;	1493

(vi) Any other circumstances that may relate to the	1494
rehabilitation of the person who is the subject of the records	1495
under consideration.	1496

(D)(1)(a) The juvenile court shall provide verbal notice to a	1497
person whose records are sealed under division (B) of this	1498
section, if that person is present in the court at the time the	1499
court issues a sealing order, that explains what sealing a record	1500
means, states that the person may apply to have those records	1501
expunged under section 2151.358 of the Revised Code, and explains	1502
what expunging a record means.	1503

(b) The juvenile court shall provide written notice to a	1504
person whose records are sealed under division (B) of this section	1505
by regular mail to the person's last known address, if that person	1506
is not present in the court at the time the court issues a sealing	1507
order and if the court does not seal the person's record upon the	1508
court's own motion, that explains what sealing a record means,	1509
states that the person may apply to have those records expunged	1510
under section 2151.358 of the Revised Code, and explains what	1511
expunging a record means.	1512

(2) Upon final disposition of a case in which a person has	1513
been adjudicated a delinquent child for committing an act other	1514
than a violation of section 2903.01, 2903.02, or 2907.02~~, 2907.03,~~	1515
~~or 2907.05~~ of the Revised Code, an unruly child, or a juvenile	1516
traffic offender, the juvenile court shall provide written notice	1517
to the person that does all of the following:	1518

(a) States that the person may apply to the court for an	1519
order to seal the record;	1520

(b) Explains what sealing a record means;

1521

(c) States that the person may apply to the court for an	1522
order to expunge the record under section 2151.358 of the Revised	1523
Code;	1524

(d) Explains what expunging a record means.

1525

(3) The department of youth services and any other	1526
institution or facility that unconditionally discharges a person	1527
who has been adjudicated a delinquent child, an unruly child, or a	1528
juvenile traffic offender shall immediately give notice of the	1529
discharge to the court that committed the person. The court shall	1530
note the date of discharge on a separate record of discharges of	1531
those natures.	1532

Sec. 2151.357. (A) If the court orders the records of a	1533
person sealed pursuant to section 2151.356 of the Revised Code,	1534
the person who is subject of the order properly may, and the court	1535
shall, reply that no record exists with respect to the person upon	1536
any inquiry in the matter, and the court, except as provided in	1537
division (D) of this section, shall do all of the following:	1538

(1) Order that the proceedings in a case described in	1539
divisions (B) and (C) of section 2151.356 of the Revised Code be	1540
deemed never to have occurred;	1541

(2) Except as provided in division (C) of this section,	1542
delete all index references to the case and the person so that the	1543
references are permanently irretrievable;	1544

(3) Order that all original records of the case maintained by	1545
any public office or agency, except fingerprints held by a law	1546
enforcement agency, DNA specimens collected pursuant to section	1547
2152.74 of the Revised Code, and DNA records derived from DNA	1548
specimens pursuant to section 109.573 of the Revised Code, be	1549
delivered to the court;	1550

(4) Order each public office or agency, upon the delivering	1551
of records to the court under division (A)(3) of this section, to	1552
expunge remaining records of the case that are the subject of the	1553
sealing order that are maintained by that public office or agency,	1554
except fingerprints, DNA specimens, and DNA records described	1555
under division (A)(3) of this section;	1556

(5) Send notice of the order to seal to any public office or	1557
agency that the court has reason to believe may have a record of	1558
the sealed record;	1559

(6) Seal all of the records delivered to the court under	1560
division (A)(3) of this section, in a separate file in which only	1561
sealed records are maintained.	1562

(B) Except as provided in division (D) of this section, an	1563
order to seal under section 2151.356 of the Revised Code applies	1564
to every public office or agency that has a record relating to the	1565
case, regardless of whether it receives notice of the hearing on	1566
the sealing of the record or a copy of the order. Except as	1567
provided in division (D) of this section, upon the written request	1568
of a person whose record has been sealed and the presentation of a	1569
copy of the order and compliance with division (A)(3) of this	1570
section, a public office or agency shall expunge its record	1571
relating to the case, except a record of the adjudication or	1572
arrest or taking into custody that is maintained for compiling	1573
statistical data and that does not contain any reference to the	1574
person who is the subject of the order.	1575

(C) The court that maintains sealed records pursuant to this	1576
section may maintain a manual or computerized index of the sealed	1577
records and shall make the index available only for the purposes	1578
set forth in division (E) of this section.	1579

(1) Each entry regarding a sealed record in the index of	1580
sealed records shall contain all of the following:	1581

(a) The name of the person who is the subject of the sealed	1582
record;	1583

(b) An alphanumeric identifier relating to the person who is	1584
the subject of the sealed record;	1585

1586

(d) The name of the court that has custody of the sealed	1587
record.	1588

(2) Any entry regarding a sealed record in the index of	1589
sealed records shall not contain either of the following:	1590

(a) The social security number of the person who is subject	1591
of the sealed record;	1592

(b) The name or a description of the act committed.

1593

(D) Notwithstanding any provision of this section that	1594
requires otherwise, a board of education of a city, local,	1595
exempted village, or joint vocational school district that	1596
maintains records of an individual who has been permanently	1597
excluded under sections 3301.121 and 3313.662 of the Revised Code	1598
is permitted to maintain records regarding an adjudication that	1599
the individual is a delinquent child that was used as the basis	1600
for the individual's permanent exclusion, regardless of a court	1601
order to seal the record. An order issued under section 2151.356	1602
of the Revised Code to seal the record of an adjudication that an	1603
individual is a delinquent child does not revoke the adjudication	1604
order of the superintendent of public instruction to permanently	1605
exclude the individual who is the subject of the sealing order. An	1606
order to seal the record of an adjudication that an individual is	1607
a delinquent child may be presented to a district superintendent	1608
as evidence to support the contention that the superintendent	1609
should recommend that the permanent exclusion of the individual	1610
who is the subject of the sealing order be revoked. Except as	1611
otherwise authorized by this division and sections 3301.121 and	1612
3313.662 of the Revised Code, any school employee in possession of	1613
or having access to the sealed adjudication records of an	1614
individual that were the basis of a permanent exclusion of the	1615
individual is subject to division (F) of this section.	1616

(E) Inspection of records that have been ordered sealed under	1617
section 2151.356 of the Revised Code may be made only by the	1618
following persons or for the following purposes:	1619

(1) By the court;

1620

(2) If the records in question pertain to an act that would	1621
be an offense of violence that would be a felony if committed by	1622
an adult, by any law enforcement officer or any prosecutor, or the	1623
assistants of a law enforcement officer or prosecutor, for any	1624
valid law enforcement or prosecutorial purpose;	1625

(3) Upon application by the person who is the subject of the	1626
sealed records, by the person that is named in that application;	1627

(4) If the records in question pertain to an alleged	1628
violation of division (E)(1) of section 4301.69 of the Revised	1629
Code, by any law enforcement officer or any prosecutor, or the	1630
assistants of a law enforcement officer or prosecutor, for the	1631
purpose of determining whether the person is eligible for	1632
diversion under division (E)(2) of section 4301.69 of the Revised	1633
Code;	1634

(5) At the request of a party in a civil action that is based	1635
on a case the records for which are the subject of a sealing order	1636
issued under section 2151.356 of the Revised Code, as needed for	1637
the civil action. The party also may copy the records as needed	1638
for the civil action. The sealed records shall be used solely in	1639
the civil action and are otherwise confidential and subject to the	1640
provisions of this section;	1641

(6) By the attorney general or an authorized employee of the	1642
attorney general or the court for purposes of determining whether	1643
a child is a public registry-qualified juvenile offender	1644
registrant, as defined in section 2950.01 of the Revised Code, for	1645
purposes of Chapter 2950. of the Revised Code.	1646

(F) No officer or employee of the state or any of its	1647
political subdivisions shall knowingly release, disseminate, or	1648
make available for any purpose involving employment, bonding,	1649
licensing, or education to any person or to any department,	1650
agency, or other instrumentality of the state or of any of its	1651
political subdivisions any information or other data concerning	1652
any arrest, taking into custody, complaint, indictment,	1653
information, trial, hearing, adjudication, or correctional	1654
supervision, the records of which have been sealed pursuant to	1655
section 2151.356 of the Revised Code and the release,	1656
dissemination, or making available of which is not expressly	1657
permitted by this section. Whoever violates this division is	1658
guilty of divulging confidential information, a misdemeanor of the	1659
fourth degree.	1660

(G) In any application for employment, license, or other	1661
right or privilege, any appearance as a witness, or any other	1662
inquiry, a person may not be questioned with respect to any arrest	1663
or taking into custody for which the records were sealed. If an	1664
inquiry is made in violation of this division, the person may	1665
respond as if the sealed arrest or taking into custody did not	1666
occur, and the person shall not be subject to any adverse action	1667
because of the arrest or taking into custody or the response.	1668

(H) The judgment rendered by the court under this chapter	1669
shall not impose any of the civil disabilities ordinarily imposed	1670
by conviction of a crime in that the child is not a criminal by	1671
reason of the adjudication, and no child shall be charged with or	1672
convicted of a crime in any court except as provided by this	1673
chapter. The disposition of a child under the judgment rendered or	1674
any evidence given in court shall not operate to disqualify a	1675
child in any future civil service examination, appointment, or	1676
application. Evidence of a judgment rendered and the disposition	1677
of a child under the judgment is not admissible to impeach the	1678
credibility of the child in any action or proceeding. Otherwise,	1679
the disposition of a child under the judgment rendered or any	1680
evidence given in court is admissible as evidence for or against	1681
the child in any action or proceeding in any court in accordance	1682
with the Rules of Evidence and also may be considered by any court	1683
as to the matter of sentence or to the granting of probation, and	1684
a court may consider the judgment rendered and the disposition of	1685
a child under that judgment for purposes of determining whether	1686
the child, for a future criminal conviction or guilty plea, is a	1687
repeat violent offender, as defined in section 2929.01 of the	1688
Revised Code.	1689

Sec. 2152.02. As used in this chapter:

1690

(A) "Act charged" means the act that is identified in a	1691
complaint, indictment, or information alleging that a child is a	1692
delinquent child.	1693

(B) "Admitted to a department of youth services facility"	1694
includes admission to a facility operated, or contracted for, by	1695
the department and admission to a comparable facility outside this	1696
state by another state or the United States.	1697

(C)(1) "Child" means a person who is under eighteen years of	1698
age, except as otherwise provided in divisions (C)(2) to ~~(7)~~(8) of	1699
this section.	1700

(2) Subject to division (C)(3) of this section, any person	1701
who violates a federal or state law or a municipal ordinance prior	1702
to attaining eighteen years of age shall be deemed a "child"	1703
irrespective of that person's age at the time the complaint with	1704
respect to that violation is filed or the hearing on the complaint	1705
is held.	1706

(3) Any person who, while under eighteen years of age,	1707
commits an act that would be a felony if committed by an adult and	1708
who is not taken into custody or apprehended for that act until	1709
after the person attains twenty-one years of age is not a child in	1710
relation to that act.	1711

(4) Except as otherwise provided in ~~division~~divisions (C)(5)	1712
and (7) of this section, any person whose case is transferred for	1713
criminal prosecution pursuant to section 2152.12 of the Revised	1714
Code shall be deemed after the transfer not to be a child in the	1715
transferred case.	1716

(5) Any person whose case is transferred for criminal	1717
prosecution pursuant to section 2152.12 of the Revised Code and	1718
who subsequently is convicted of or pleads guilty to a felony in	1719
that case, unless a serious youthful offender dispositional	1720
sentence is imposed on the child for that offense under division	1721
(B)(2) or (3) of section 2152.121 of the Revised Code and the	1722
adult portion of that sentence is not invoked pursuant to section	1723
2152.14 of the Revised Code, and any person who is adjudicated a	1724
delinquent child for the commission of an act, who has a serious	1725
youthful offender dispositional sentence imposed for the act	1726
pursuant to section 2152.13 of the Revised Code, and whose adult	1727
portion of the dispositional sentence is invoked pursuant to	1728
section 2152.14 of the Revised Code, shall be deemed after the	1729
~~transfer~~conviction, plea, or invocation not to be a child in any	1730
case in which a complaint is filed against the person.	1731

(6) The juvenile court has jurisdiction over a person who is	1732
adjudicated a delinquent child or juvenile traffic offender prior	1733
to attaining eighteen years of age until the person attains	1734
twenty-one years of age, and, for purposes of that jurisdiction	1735
related to that adjudication, except as otherwise provided in this	1736
division, a person who is so adjudicated a delinquent child or	1737
juvenile traffic offender shall be deemed a "child" until the	1738
person attains twenty-one years of age. If a person is so	1739
adjudicated a delinquent child or juvenile traffic offender and	1740
the court makes a disposition of the person under this chapter, at	1741
any time after the person attains ~~eighteen~~twenty-one years of	1742
age, the places at which the person may be held under that	1743
disposition are not limited to places authorized under this	1744
chapter solely for confinement of children, and the person may be	1745
confined under that disposition, in accordance with division	1746
(F)(2) of section 2152.26 of the Revised Code, in places other	1747
than those authorized under this chapter solely for confinement of	1748
children.	1749

(7) The juvenile court has jurisdiction over any person whose	1750
case is transferred for criminal prosecution solely for the	1751
purpose of detaining the person as authorized in division (F)(4)	1752
of section 2152.26 of the Revised Code unless the person is	1753
convicted of or pleads guilty to a felony in the adult court.	1754

(8) Any person who, while eighteen years of age, violates	1755
division (A)(1) or (2) of section 2919.27 of the Revised Code by	1756
violating a protection order issued or consent agreement approved	1757
under section 2151.34 or 3113.31 of the Revised Code shall be	1758
considered a child for the purposes of that violation of section	1759
2919.27 of the Revised Code.	1760

(D) "Chronic truant" means any child of compulsory school age	1761
who is absent without legitimate excuse for absence from the	1762
public school the child is supposed to attend for seven or more	1763
consecutive school days, ten or more school days in one school	1764
month, or fifteen or more school days in a school year.	1765

(E) "Community corrections facility," "public safety beds,"	1766
"release authority," and "supervised release" have the same	1767
meanings as in section 5139.01 of the Revised Code.	1768

(F) "Delinquent child" includes any of the following:

1769

(1) Any child, except a juvenile traffic offender, who	1770
violates any law of this state or the United States, or any	1771
ordinance of a political subdivision of the state, that would be	1772
an offense if committed by an adult;	1773

(2) Any child who violates any lawful order of the court made	1774
under this chapter or under Chapter 2151. of the Revised Code	1775
other than an order issued under section 2151.87 of the Revised	1776
Code;	1777

(3) Any child who violates division (C) of section 2907.39,	1778
division (A) of section 2923.211, or division (C)(1) or (D) of	1779
section 2925.55 of the Revised Code;	1780

(4) Any child who is a habitual truant and who previously has	1781
been adjudicated an unruly child for being a habitual truant;	1782

(5) Any child who is a chronic truant.

1783

(G) "Discretionary serious youthful offender" means a person	1784
who is eligible for a discretionary SYO and who is not transferred	1785
to adult court under a mandatory or discretionary transfer.	1786

(H) "Discretionary SYO" means a case in which the juvenile	1787
court, in the juvenile court's discretion, may impose a serious	1788
youthful offender disposition under section 2152.13 of the Revised	1789
Code.	1790

(I) "Discretionary transfer" means that the juvenile court	1791
has discretion to transfer a case for criminal prosecution under	1792
division (B) of section 2152.12 of the Revised Code.	1793

(J) "Drug abuse offense," "felony drug abuse offense," and	1794
"minor drug possession offense" have the same meanings as in	1795
section 2925.01 of the Revised Code.	1796

(K) "Electronic monitoring" and "electronic monitoring	1797
device" have the same meanings as in section 2929.01 of the	1798
Revised Code.	1799

(L) "Economic loss" means any economic detriment suffered by	1800
a victim of a delinquent act or juvenile traffic offense as a	1801
direct and proximate result of the delinquent act or juvenile	1802
traffic offense and includes any loss of income due to lost time	1803
at work because of any injury caused to the victim and any	1804
property loss, medical cost, or funeral expense incurred as a	1805
result of the delinquent act or juvenile traffic offense.	1806
"Economic loss" does not include non-economic loss or any punitive	1807
or exemplary damages.	1808

(M) "Firearm" has the same meaning as in section 2923.11 of	1809
the Revised Code.	1810

(N) "Juvenile traffic offender" means any child who violates	1811
any traffic law, traffic ordinance, or traffic regulation of this	1812
state, the United States, or any political subdivision of this	1813
state, other than a resolution, ordinance, or regulation of a	1814
political subdivision of this state the violation of which is	1815
required to be handled by a parking violations bureau or a joint	1816
parking violations bureau pursuant to Chapter 4521. of the Revised	1817
Code.	1818

(O) A "legitimate excuse for absence from the public school	1819
the child is supposed to attend" has the same meaning as in	1820
section 2151.011 of the Revised Code.	1821

(P) "Mandatory serious youthful offender" means a person who	1822
is eligible for a mandatory SYO and who is not transferred to	1823
adult court under a mandatory or discretionary transfer and also	1824
includes, for purposes of imposition of a mandatory serious	1825
youthful dispositional sentence under section 2152.13 of the	1826
Revised Code, a person upon whom a juvenile court is required to	1827
impose such a sentence under division (B)(3) of section 2152.121	1828
of the Revised Code.	1829

(Q) "Mandatory SYO" means a case in which the juvenile court	1830
is required to impose a mandatory serious youthful offender	1831
disposition under section 2152.13 of the Revised Code.	1832

(R) "Mandatory transfer" means that a case is required to be	1833
transferred for criminal prosecution under division (A) of section	1834
2152.12 of the Revised Code.	1835

(S) "Mental illness" has the same meaning as in section	1836
5122.01 of the Revised Code.	1837

(T) "Mentally retarded person" has the same meaning as in	1838
section 5123.01 of the Revised Code.	1839

(U) "Monitored time" and "repeat violent offender" have the	1840
same meanings as in section 2929.01 of the Revised Code.	1841

(V) "Of compulsory school age" has the same meaning as in	1842
section 3321.01 of the Revised Code.	1843

(W) "Public record" has the same meaning as in section 149.43	1844
of the Revised Code.	1845

(X) "Serious youthful offender" means a person who is	1846
eligible for a mandatory SYO or discretionary SYO but who is not	1847
transferred to adult court under a mandatory or discretionary	1848
transfer and also includes, for purposes of imposition of a	1849
mandatory serious youthful dispositional sentence under section	1850
2152.13 of the Revised Code, a person upon whom a juvenile court	1851
is required to impose such a sentence under division (B)(3) of	1852
section 2152.121 of the Revised Code.	1853

(Y) "Sexually oriented offense," "juvenile offender	1854
registrant," "child-victim oriented offense," "tier I sex	1855
offender/child-victim offender," "tier II sex	1856
offender/child-victim offender," "tier III sex	1857
offender/child-victim offender," and "public registry-qualified	1858
juvenile offender registrant" have the same meanings as in section	1859
2950.01 of the Revised Code.	1860

(Z) "Traditional juvenile" means a case that is not	1861
transferred to adult court under a mandatory or discretionary	1862
transfer, that is eligible for a disposition under sections	1863
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	1864
that is not eligible for a disposition under section 2152.13 of	1865
the Revised Code.	1866

(AA) "Transfer" means the transfer for criminal prosecution	1867
of a case involving the alleged commission by a child of an act	1868
that would be an offense if committed by an adult from the	1869
juvenile court to the appropriate court that has jurisdiction of	1870
the offense.	1871

(BB) "Category one offense" means any of the following:

1872

(1) A violation of section 2903.01 or 2903.02 of the Revised	1873
Code;	1874

(2) A violation of section 2923.02 of the Revised Code	1875
involving an attempt to commit aggravated murder or murder.	1876

(CC) "Category two offense" means any of the following:

1877

(1) A violation of section 2903.03, 2905.01, 2907.02,	1878
2909.02, 2911.01, or 2911.11 of the Revised Code;	1879

(2) A violation of section 2903.04 of the Revised Code that	1880
is a felony of the first degree;	1881

(3) A violation of section 2907.12 of the Revised Code as it	1882
existed prior to September 3, 1996.	1883

(DD) "Non-economic loss" means nonpecuniary harm suffered by	1884
a victim of a delinquent act or juvenile traffic offense as a	1885
result of or related to the delinquent act or juvenile traffic	1886
offense, including, but not limited to, pain and suffering; loss	1887
of society, consortium, companionship, care, assistance,	1888
attention, protection, advice, guidance, counsel, instruction,	1889
training, or education; mental anguish; and any other intangible	1890
loss.	1891

Sec. 2152.26. (A) Except as provided in divisions (B) and	1892
(F) of this section, a child alleged to be or adjudicated a	1893
delinquent child or a juvenile traffic offender may be held only	1894
in the following places:	1895

(1) A certified foster home or a home approved by the court;

1896

(2) A facility operated by a certified child welfare agency;

1897

(3) Any other suitable place designated by the court.

1898

(B) In addition to the places listed in division (A) of this	1899
section, a child alleged to be or adjudicated a delinquent child	1900
or a person described in division (C)(7) of section 2152.02 of the	1901
Revised Code may be held in a detention facility for delinquent	1902
children that is under the direction or supervision of the court	1903
or other public authority or of a private agency and approved by	1904
the court and a child adjudicated a delinquent child may be held	1905
in accordance with division (F)(2) of this section in a facility	1906
of a type specified in that division. Division (B) of this section	1907
does not apply to a child alleged to be or adjudicated a	1908
delinquent child for chronic truancy, unless the child violated a	1909
lawful court order made pursuant to division (A)(6) of section	1910
2152.19 of the Revised Code. Division (B) of this section also	1911
does not apply to a child alleged to be or adjudicated a	1912
delinquent child for being an habitual truant who previously has	1913
been adjudicated an unruly child for being an habitual truant,	1914
unless the child violated a lawful court order made pursuant to	1915
division (C)(1)(e) of section 2151.354 of the Revised Code.	1916

(C)(1) Except as provided under division (C)(1) of section	1917
2151.311 of the Revised Code or division (A)(5) of section 2152.21	1918
of the Revised Code, a child alleged to be or adjudicated a	1919
juvenile traffic offender may not be held in any of the following	1920
facilities:	1921

(a) A state correctional institution, county, multicounty, or	1922
municipal jail or workhouse, or other place in which an adult	1923
convicted of crime, under arrest, or charged with a crime is held.	1924

(b) A secure correctional facility.

1925

(2) Except as provided under this section, sections 2151.56	1926
to 2151.59, and divisions (A)(5) and (6) of section 2152.21 of the	1927
Revised Code, a child alleged to be or adjudicated a juvenile	1928
traffic offender may not be held for more than twenty-four hours	1929
in a detention facility.	1930

(D) Except as provided in division (F) of this section or in	1931
division (C) of section 2151.311, in division (C)(2) of section	1932
5139.06 and section 5120.162, or in division (B) of section	1933
5120.16 of the Revised Code, a child who is alleged to be or is	1934
adjudicated a delinquent child or a person described in division	1935
(C)(7) of section 2152.02 of the Revised Code may not be held in a	1936
state correctional institution, county, multicounty, or municipal	1937
jail or workhouse, or other place where an adult convicted of	1938
crime, under arrest, or charged with crime is held.	1939

(E) Unless the detention is pursuant to division (F) of this	1940
section or division (C) of section 2151.311, division (C)(2) of	1941
section 5139.06 and section 5120.162, or division (B) of section	1942
5120.16 of the Revised Code, the official in charge of the	1943
institution, jail, workhouse, or other facility shall inform the	1944
court immediately when a child, who is or appears to be under the	1945
age of ~~eighteen~~twenty-one years, is received at the facility, and	1946
shall deliver the child to the court upon request or transfer the	1947
child to a detention facility designated by the court.	1948

(F)(1) If a case is transferred to another court for criminal	1949
prosecution pursuant to section 2152.12 of the Revised Code and	1950
the alleged offender is a person described in division (C)(7) of	1951
section 2152.02 of the Revised Code, the ~~child~~person may not be	1952
transferred for detention pending the criminal prosecution in a	1953
jail or other facility ~~in accordance with the law governing the~~	1954
~~detention of persons charged with crime~~except under the	1955
circumstances described in division (F)(4) of this section. Any	1956
child so held in accordance with division (F)(3) of this section	1957
shall be confined in a manner that keeps the child beyond the	1958
~~range of touch~~sight and sound of all adult detainees. The child	1959
shall be supervised at all times during the detention.	1960

(2) If a person is adjudicated a delinquent child or juvenile	1961
traffic offender or is a person described in division (C)(7) of	1962
section 2152.02 of the Revised Code and the court makes a	1963
disposition of the person under this chapter, at any time after	1964
the person attains ~~eighteen~~twenty-one years of age, the person	1965
may be held under that disposition or under the circumstances	1966
described in division (F)(4) of this section in places other than	1967
those specified in division (A) of this section, including, but	1968
not limited to, a county, multicounty, or municipal jail or	1969
workhouse, or other place where an adult convicted of crime, under	1970
arrest, or charged with crime is held.	1971

(3)(a) A person alleged to be a delinquent child may be held	1972
in places other than those specified in division (A) of this	1973
section, including, but not limited to, a county, multicounty, or	1974
municipal jail, if the delinquent act that the child allegedly	1975
committed would be a felony if committed by an adult, and if	1976
either of the following applies:	1977

(i) The person attains ~~eighteen~~twenty-one years of age	1978
before the person is arrested or apprehended for that act.	1979

(ii) The person is arrested or apprehended for that act	1980
before the person attains ~~eighteen~~twenty-one years of age, but	1981
the person attains ~~eighteen~~twenty-one years of age before the	1982
court orders a disposition in the case.	1983

(b) If, pursuant to division (F)(3)(a) of this section, a	1984
person is held in a place other than a place specified in division	1985
(A) of this section, the person has the same rights to bail as an	1986
adult charged with the same offense who is confined in a jail	1987
pending trial.	1988

(4)(a) Any person whose case is transferred for criminal	1989
prosecution pursuant to section 2151.10 or 2152.12 of the Revised	1990
Code may be held under that disposition in places other than those	1991
specified in division (A) of this section, including a county,	1992
multicounty, or municipal jail or workhouse, or other place where	1993
an adult under arrest or charged with crime is held if the	1994
juvenile court, upon motion by the prosecutor and after notice and	1995
hearing, establishes by a preponderance of the evidence and makes	1996
written findings that the youth has done any of the following:	1997

(i) Injured or created an imminent danger to the life or	1998
health of another youth or staff member in the facility or program	1999
by violent behavior;	2000

(ii) Escaped from the facility or program in which the youth	2001
is being held on more than one occasion;	2002

(iii) Established a pattern of disruptive behavior as	2003
verified by a written record that the youth's behavior is not	2004
conducive to the established policies and procedures of the	2005
facility or program in which the youth is being held.	2006

(b) If the prosecutor submits a motion requesting that the	2007
person be held in a place other than those specified in division	2008
(A) of this section, the juvenile court shall hold a hearing	2009
within five days of the filing of the motion, and, in determining	2010
whether a place other than those specified in division (A) of this	2011
section is the appropriate place of confinement for the person,	2012
the court shall consider the following factors:	2013

(i) The age of the person;

2014

(ii) Whether the person would be deprived of contact with	2015
other people for a significant portion of the day or would not	2016
have access to recreational facilities or age-appropriate	2017
educational opportunities in order to provide physical separation	2018
from adults;	2019

(iii) The person's current emotional state, intelligence, and	2020
developmental maturity, including any emotional and psychological	2021
trauma, and the risk to the person in an adult facility, which may	2022
be evidenced by mental health or psychological assessments or	2023
screenings made available to the prosecuting attorney and the	2024
defense counsel;	2025

(iv) Whether detention in a juvenile facility would	2026
adequately serve the need for community protection pending the	2027
outcome of the criminal proceeding;	2028

(v) The relative ability of the available adult and juvenile	2029
detention facilities to meet the needs of the person, including	2030
the person's need for age-appropriate mental health and	2031
educational services delivered by individuals specifically trained	2032
to deal with youth;	2033

(vi) Whether the person presents an imminent risk of	2034
self-inflicted harm or an imminent risk of harm to others within a	2035
juvenile facility;	2036

(vii) Any other factors the juvenile court considers to be	2037
relevant.	2038

(c) If the juvenile court determines that a place other than	2039
those specified in division (A) of this section is the appropriate	2040
place for confinement of a person pursuant to division (F)(4)(a)	2041
of this section, the person may petition the juvenile court for a	2042
review hearing thirty days after the initial confinement decision	2043
or thirty days after any subsequent review hearing. Upon receipt	2044
of the petition, the juvenile court has discretion over whether to	2045
conduct the review hearing and may set the matter for a review	2046
hearing if the youth has alleged facts or circumstances that, if	2047
true, would warrant reconsideration of the youth's placement in a	2048
place other than those specified in division (A) of this section	2049
based on the factors listed in division (F)(4)(b) of this section.	2050

(d) Upon the admission of a person described in division	2051
(F)(4)(a) of this section to a place other than those specified in	2052
division (A) of this section, the facility shall advise the person	2053
of the person's right to request a review hearing as described in	2054
division (F)(4)(d) of this section.	2055

(e) Any person transferred under division (F)(4)(a) of this	2056
section to a place other than those specified in division (A) of	2057
this section shall be confined in a manner that keeps the person	2058
beyond sight and sound of all adult detainees. The person shall be	2059
supervised at all times during the detention.	2060

Sec. 2901.01. (A) As used in the Revised Code:

2061

(1) "Force" means any violence, compulsion, or constraint	2062
physically exerted by any means upon or against a person or thing.	2063

(2) "Deadly force" means any force that carries a substantial	2064
risk that it will proximately result in the death of any person.	2065

(3) "Physical harm to persons" means any injury, illness, or	2066
other physiological impairment, regardless of its gravity or	2067
duration.	2068

(4) "Physical harm to property" means any tangible or	2069
intangible damage to property that, in any degree, results in loss	2070
to its value or interferes with its use or enjoyment. "Physical	2071
harm to property" does not include wear and tear occasioned by	2072
normal use.	2073

(5) "Serious physical harm to persons" means any of the	2074
following:	2075

(a) Any mental illness or condition of such gravity as would	2076
normally require hospitalization or prolonged psychiatric	2077
treatment;	2078

(b) Any physical harm that carries a substantial risk of	2079
death;	2080

(c) Any physical harm that involves some permanent	2081
incapacity, whether partial or total, or that involves some	2082
temporary, substantial incapacity;	2083

(d) Any physical harm that involves some permanent	2084
disfigurement or that involves some temporary, serious	2085
disfigurement;	2086

(e) Any physical harm that involves acute pain of such	2087
duration as to result in substantial suffering or that involves	2088
any degree of prolonged or intractable pain.	2089

(6) "Serious physical harm to property" means any physical	2090
harm to property that does either of the following:	2091

(a) Results in substantial loss to the value of the property	2092
or requires a substantial amount of time, effort, or money to	2093
repair or replace;	2094

(b) Temporarily prevents the use or enjoyment of the property	2095
or substantially interferes with its use or enjoyment for an	2096
extended period of time.	2097

(7) "Risk" means a significant possibility, as contrasted	2098
with a remote possibility, that a certain result may occur or that	2099
certain circumstances may exist.	2100

(8) "Substantial risk" means a strong possibility, as	2101
contrasted with a remote or significant possibility, that a	2102
certain result may occur or that certain circumstances may exist.	2103

(9) "Offense of violence" means any of the following:

2104

(a) A violation of section 2903.01, 2903.02, 2903.03,	2105
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,	2106
2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03,	2107
2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11,	2108
2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04,	2109
2921.34, or 2923.161, of division (A)(1), (2), or (3) of section	2110
2911.12, or of division (B)(1), (2), (3), or (4) of section	2111
2919.22 of the Revised Code or felonious sexual penetration in	2112
violation of former section 2907.12 of the Revised Code;	2113

(b) A violation of an existing or former municipal ordinance	2114
or law of this or any other state or the United States,	2115
substantially equivalent to any section, division, or offense	2116
listed in division (A)(9)(a) of this section;	2117

(c) An offense, other than a traffic offense, under an	2118
existing or former municipal ordinance or law of this or any other	2119
state or the United States, committed purposely or knowingly, and	2120
involving physical harm to persons or a risk of serious physical	2121
harm to persons;	2122

(d) A conspiracy or attempt to commit, or complicity in	2123
committing, any offense under division (A)(9)(a), (b), or (c) of	2124
this section.	2125

(10)(a) "Property" means any property, real or personal,	2126
tangible or intangible, and any interest or license in that	2127
property. "Property" includes, but is not limited to, cable	2128
television service, other telecommunications service,	2129
telecommunications devices, information service, computers, data,	2130
computer software, financial instruments associated with	2131
computers, other documents associated with computers, or copies of	2132
the documents, whether in machine or human readable form, trade	2133
secrets, trademarks, copyrights, patents, and property protected	2134
by a trademark, copyright, or patent. "Financial instruments	2135
associated with computers" include, but are not limited to,	2136
checks, drafts, warrants, money orders, notes of indebtedness,	2137
certificates of deposit, letters of credit, bills of credit or	2138
debit cards, financial transaction authorization mechanisms,	2139
marketable securities, or any computer system representations of	2140
any of them.	2141

(b) As used in division (A)(10) of this section, "trade	2142
secret" has the same meaning as in section 1333.61 of the Revised	2143
Code, and "telecommunications service" and "information service"	2144
have the same meanings as in section 2913.01 of the Revised Code.	2145

(c) As used in divisions (A)(10) and (13) of this section,	2146
"cable television service," "computer," "computer software,"	2147
"computer system," "computer network," "data," and	2148
"telecommunications device" have the same meanings as in section	2149
2913.01 of the Revised Code.	2150

(11) "Law enforcement officer" means any of the following:

2151

(a) A sheriff, deputy sheriff, constable, police officer of a	2152
township or joint police district, marshal, deputy marshal,	2153
municipal police officer, member of a police force employed by a	2154
metropolitan housing authority under division (D) of section	2155
3735.31 of the Revised Code, or state highway patrol trooper;	2156

(b) An officer, agent, or employee of the state or any of its	2157
agencies, instrumentalities, or political subdivisions, upon whom,	2158
by statute, a duty to conserve the peace or to enforce all or	2159
certain laws is imposed and the authority to arrest violators is	2160
conferred, within the limits of that statutory duty and authority;	2161

(c) A mayor, in the mayor's capacity as chief conservator of	2162
the peace within the mayor's municipal corporation;	2163

(d) A member of an auxiliary police force organized by	2164
county, township, or municipal law enforcement authorities, within	2165
the scope of the member's appointment or commission;	2166

(e) A person lawfully called pursuant to section 311.07 of	2167
the Revised Code to aid a sheriff in keeping the peace, for the	2168
purposes and during the time when the person is called;	2169

(f) A person appointed by a mayor pursuant to section 737.01	2170
of the Revised Code as a special patrolling officer during riot or	2171
emergency, for the purposes and during the time when the person is	2172
appointed;	2173

(g) A member of the organized militia of this state or the	2174
armed forces of the United States, lawfully called to duty to aid	2175
civil authorities in keeping the peace or protect against domestic	2176
violence;	2177

(h) A prosecuting attorney, assistant prosecuting attorney,	2178
secret service officer, or municipal prosecutor;	2179

(i) A veterans' home police officer appointed under section	2180
5907.02 of the Revised Code;	2181

(j) A member of a police force employed by a regional transit	2182
authority under division (Y) of section 306.35 of the Revised	2183
Code;	2184

(k) A special police officer employed by a port authority	2185
under section 4582.04 or 4582.28 of the Revised Code;	2186

(l) The house of representatives sergeant at arms if the	2187
house of representatives sergeant at arms has arrest authority	2188
pursuant to division (E)(1) of section 101.311 of the Revised Code	2189
and an assistant house of representatives sergeant at arms;	2190

(m) A special police officer employed by a municipal	2191
corporation at a municipal airport, or other municipal air	2192
navigation facility, that has scheduled operations, as defined in	2193
section 119.3 of Title 14 of the Code of Federal Regulations, 14	2194
C.F.R. 119.3, as amended, and that is required to be under a	2195
security program and is governed by aviation security rules of the	2196
transportation security administration of the United States	2197
department of transportation as provided in Parts 1542. and 1544.	2198
of Title 49 of the Code of Federal Regulations, as amended.	2199

(12) "Privilege" means an immunity, license, or right	2200
conferred by law, bestowed by express or implied grant, arising	2201
out of status, position, office, or relationship, or growing out	2202
of necessity.	2203

(13) "Contraband" means any property that is illegal for a	2204
person to acquire or possess under a statute, ordinance, or rule,	2205
or that a trier of fact lawfully determines to be illegal to	2206
possess by reason of the property's involvement in an offense.	2207
"Contraband" includes, but is not limited to, all of the	2208
following:	2209

(a) Any controlled substance, as defined in section 3719.01	2210
of the Revised Code, or any device or paraphernalia;	2211

(b) Any unlawful gambling device or paraphernalia;

2212

2213

(14) A person is "not guilty by reason of insanity" relative	2214
to a charge of an offense only if the person proves, in the manner	2215
specified in section 2901.05 of the Revised Code, that at the time	2216
of the commission of the offense, the person did not know, as a	2217
result of a severe mental disease or defect, the wrongfulness of	2218
the person's acts.	2219

(B)(1)(a) Subject to division (B)(2) of this section, as used	2220
in any section contained in Title XXIX of the Revised Code that	2221
sets forth a criminal offense, "person" includes all of the	2222
following:	2223

(i) An individual, corporation, business trust, estate,	2224
trust, partnership, and association;	2225

(ii) An unborn human who is viable.

2226

(b) As used in any section contained in Title XXIX of the	2227
Revised Code that does not set forth a criminal offense, "person"	2228
includes an individual, corporation, business trust, estate,	2229
trust, partnership, and association.	2230

2231

(i) "Unborn human" means an individual organism of the	2232
species Homo sapiens from fertilization until live birth.	2233

(ii) "Viable" means the stage of development of a human fetus	2234
at which there is a realistic possibility of maintaining and	2235
nourishing of a life outside the womb with or without temporary	2236
artificial life-sustaining support.	2237

(2) Notwithstanding division (B)(1)(a) of this section, in no	2238
case shall the portion of the definition of the term "person" that	2239
is set forth in division (B)(1)(a)(ii) of this section be applied	2240
or construed in any section contained in Title XXIX of the Revised	2241
Code that sets forth a criminal offense in any of the following	2242
manners:	2243

(a) Except as otherwise provided in division (B)(2)(a) of	2244
this section, in a manner so that the offense prohibits or is	2245
construed as prohibiting any pregnant woman or her physician from	2246
performing an abortion with the consent of the pregnant woman,	2247
with the consent of the pregnant woman implied by law in a medical	2248
emergency, or with the approval of one otherwise authorized by law	2249
to consent to medical treatment on behalf of the pregnant woman.	2250
An abortion that violates the conditions described in the	2251
immediately preceding sentence may be punished as a violation of	2252
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	2253
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	2254
of the Revised Code, as applicable. An abortion that does not	2255
violate the conditions described in the second immediately	2256
preceding sentence, but that does violate section 2919.12,	2257
division (B) of section 2919.13, or section 2919.151, 2919.17, or	2258
2919.18 of the Revised Code, may be punished as a violation of	2259
section 2919.12, division (B) of section 2919.13, or section	2260
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	2261
Consent is sufficient under this division if it is of the type	2262
otherwise adequate to permit medical treatment to the pregnant	2263
woman, even if it does not comply with section 2919.12 of the	2264
Revised Code.	2265

(b) In a manner so that the offense is applied or is	2266
construed as applying to a woman based on an act or omission of	2267
the woman that occurs while she is or was pregnant and that	2268
results in any of the following:	2269

(i) Her delivery of a stillborn baby;

2270

(ii) Her causing, in any other manner, the death in utero of	2271
a viable, unborn human that she is carrying;	2272

(iii) Her causing the death of her child who is born alive	2273
but who dies from one or more injuries that are sustained while	2274
the child is a viable, unborn human;	2275

(iv) Her causing her child who is born alive to sustain one	2276
or more injuries while the child is a viable, unborn human;	2277

(v) Her causing, threatening to cause, or attempting to	2278
cause, in any other manner, an injury, illness, or other	2279
physiological impairment, regardless of its duration or gravity,	2280
or a mental illness or condition, regardless of its duration or	2281
gravity, to a viable, unborn human that she is carrying.	2282

2283

(1) "School safety zone" consists of a school, school	2284
building, school premises, school activity, and school bus.	2285

(2) "School," "school building," and "school premises" have	2286
the same meanings as in section 2925.01 of the Revised Code.	2287

(3) "School activity" means any activity held under the	2288
auspices of a board of education of a city, local, exempted	2289
village, joint vocational, or cooperative education school	2290
district; a governing authority of a community school established	2291
under Chapter 3314. of the Revised Code; a governing board of an	2292
educational service center, or the governing body of a school for	2293
which the state board of education prescribes minimum standards	2294
under section 3301.07 of the Revised Code.	2295

(4) "School bus" has the same meaning as in section 4511.01	2296
of the Revised Code.	2297

(5) "Indigent," when used in connection with the payment of a	2298
fine, costs, or a fee, means unable to pay the fine, costs, or	2299
fee. There is a rebuttable presumption that a person is indigent	2300
if the person has an income that is equal to or less than the	2301
income set forth in the federal poverty guidelines as revised	2302
annually by the United States department of health and human	2303
services in accordance with section 673(2) of the "Omnibus Budget	2304
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	2305
amended, for a family size equal to the size of the family of the	2306
person whose income is being determined.	2307

Sec. 2907.24. (A) No person shall solicit another to engage	2308
with such other person in sexual activity for hire.	2309

(B) No person, with knowledge that the person has tested	2310
positive as a carrier of a virus that causes acquired	2311
immunodeficiency syndrome, shall engage in conduct in violation of	2312
division (A) of this section.	2313

(C)(1) Whoever violates division (A) of this section is	2314
guilty of soliciting, a misdemeanor of the third degree.	2315

(2) Whoever violates division (B) of this section is guilty	2316
of engaging in solicitation after a positive HIV test. If the	2317
offender commits the violation prior to July 1, 1996, engaging in	2318
solicitation after a positive HIV test is a felony of the second	2319
degree. If the offender commits the violation on or after July 1,	2320
1996, engaging in solicitation after a positive HIV test is a	2321
felony of the third degree.	2322

(D) If a person is convicted of or pleads guilty to a	2323
violation of any provision of this section, an attempt to commit a	2324
violation of any provision of this section, or a violation of or	2325
an attempt to commit a violation of a municipal ordinance that is	2326
substantially equivalent to any provision of this section and if	2327
the person, in committing or attempting to commit the violation,	2328
was in, was on, or used a motor vehicle, the court, in addition to	2329
or independent of all other penalties imposed for the violation,	2330
~~shall~~may impose upon the offender a class six suspension of the	2331
person's driver's license, commercial driver's license, temporary	2332
instruction permit, probationary license, or nonresident operating	2333
privilege from the range specified in division (A)(6) of section	2334
4510.02 of the Revised Code. In lieu of imposing upon the offender	2335
the class six suspension, the court instead may require the	2336
offender to perform community service for a number of hours	2337
determined by the court.	2338

Sec. 2913.02. (A) No person, with purpose to deprive the	2339
owner of property or services, shall knowingly obtain or exert	2340
control over either the property or services in any of the	2341
following ways:	2342

(1) Without the consent of the owner or person authorized to	2343
give consent;	2344

(2) Beyond the scope of the express or implied consent of the	2345
owner or person authorized to give consent;	2346

(3) By deception;

2347

(4) By threat;

2348

(5) By intimidation.

2349

(B)(1) Whoever violates this section is guilty of theft.

2350

(2) Except as otherwise provided in this division or division	2351
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of	2352
this section is petty theft, a misdemeanor of the first degree. If	2353
the value of the property or services stolen is one thousand	2354
dollars or more and is less than seven thousand five hundred	2355
dollars or if the property stolen is any of the property listed in	2356
section 2913.71 of the Revised Code, a violation of this section	2357
is theft, a felony of the fifth degree. If the value of the	2358
property or services stolen is seven thousand five hundred dollars	2359
or more and is less than one hundred fifty thousand dollars, a	2360
violation of this section is grand theft, a felony of the fourth	2361
degree. If the value of the property or services stolen is one	2362
hundred fifty thousand dollars or more and is less than seven	2363
hundred fifty thousand dollars, a violation of this section is	2364
aggravated theft, a felony of the third degree. If the value of	2365
the property or services is seven hundred fifty thousand dollars	2366
or more and is less than one million five hundred thousand	2367
dollars, a violation of this section is aggravated theft, a felony	2368
of the second degree. If the value of the property or services	2369
stolen is one million five hundred thousand dollars or more, a	2370
violation of this section is aggravated theft of one million five	2371
hundred thousand dollars or more, a felony of the first degree.	2372

(3) Except as otherwise provided in division (B)(4), (5),	2373
(6), (7), or (8) of this section, if the victim of the offense is	2374
an elderly person or disabled adult, a violation of this section	2375
is theft from an elderly person or disabled adult, and division	2376
(B)(3) of this section applies. Except as otherwise provided in	2377
this division, theft from an elderly person or disabled adult is a	2378
felony of the fifth degree. If the value of the property or	2379
services stolen is one thousand dollars or more and is less than	2380
seven thousand five hundred dollars, theft from an elderly person	2381
or disabled adult is a felony of the fourth degree. If the value	2382
of the property or services stolen is seven thousand five hundred	2383
dollars or more and is less than thirty-seven thousand five	2384
hundred dollars, theft from an elderly person or disabled adult is	2385
a felony of the third degree. If the value of the property or	2386
services stolen is thirty-seven thousand five hundred dollars or	2387
more and is less than one hundred fifty thousand dollars, theft	2388
from an elderly person or disabled adult is a felony of the second	2389
degree. If the value of the property or services stolen is one	2390
hundred fifty thousand dollars or more, theft from an elderly	2391
person or disabled adult is a felony of the first degree.	2392

(4) If the property stolen is a firearm or dangerous	2393
ordnance, a violation of this section is grand theft. Except as	2394
otherwise provided in this division, grand theft when the property	2395
stolen is a firearm or dangerous ordnance is a felony of the third	2396
degree, and there is a presumption in favor of the court imposing	2397
a prison term for the offense. If the firearm or dangerous	2398
ordnance was stolen from a federally licensed firearms dealer,	2399
grand theft when the property stolen is a firearm or dangerous	2400
ordnance is a felony of the first degree. The offender shall serve	2401
a prison term imposed for grand theft when the property stolen is	2402
a firearm or dangerous ordnance consecutively to any other prison	2403
term or mandatory prison term previously or subsequently imposed	2404
upon the offender.	2405

(5) If the property stolen is a motor vehicle, a violation of	2406
this section is grand theft of a motor vehicle, a felony of the	2407
fourth degree.	2408

(6) If the property stolen is any dangerous drug, a violation	2409
of this section is theft of drugs, a felony of the fourth degree,	2410
or, if the offender previously has been convicted of a felony drug	2411
abuse offense, a felony of the third degree.	2412

(7) If the property stolen is a police dog or horse or an	2413
assistance dog and the offender knows or should know that the	2414
property stolen is a police dog or horse or an assistance dog, a	2415
violation of this section is theft of a police dog or horse or an	2416
assistance dog, a felony of the third degree.	2417

(8) If the property stolen is anhydrous ammonia, a violation	2418
of this section is theft of anhydrous ammonia, a felony of the	2419
third degree.	2420

(9) In addition to the penalties described in division (B)(2)	2421
of this section, if the offender committed the violation by	2422
causing a motor vehicle to leave the premises of an establishment	2423
at which gasoline is offered for retail sale without the offender	2424
making full payment for gasoline that was dispensed into the fuel	2425
tank of the motor vehicle or into another container, the court may	2426
do one of the following:	2427

(a) Unless division (B)(9)(b) of this section applies,	2428
suspend for not more than six months the offender's driver's	2429
license, probationary driver's license, commercial driver's	2430
license, temporary instruction permit, or nonresident operating	2431
privilege;	2432

(b) If the offender's driver's license, probationary driver's	2433
license, commercial driver's license, temporary instruction	2434
permit, or nonresident operating privilege has previously been	2435
suspended pursuant to division (B)(9)(a) of this section, impose a	2436
class seven suspension of the offender's license, permit, or	2437
privilege from the range specified in division (A)(7) of section	2438
4510.02 of the Revised Code, provided that the suspension shall be	2439
for at least six months.	2440

(c) The court, in lieu of suspending the offender's driver's	2441
or commercial driver's license, probationary driver's license,	2442
temporary instruction permit, or nonresident operating privilege	2443
pursuant to division (B)(9)(a) or (b) of this section, instead may	2444
require the offender to perform community service for a number of	2445
hours determined by the court.	2446

(10) In addition to the penalties described in division	2447
(B)(2) of this section, if the offender committed the violation by	2448
stealing rented property or rental services, the court may order	2449
that the offender make restitution pursuant to section 2929.18 or	2450
2929.28 of the Revised Code. Restitution may include, but is not	2451
limited to, the cost of repairing or replacing the stolen	2452
property, or the cost of repairing the stolen property and any	2453
loss of revenue resulting from deprivation of the property due to	2454
theft of rental services that is less than or equal to the actual	2455
value of the property at the time it was rented. Evidence of	2456
intent to commit theft of rented property or rental services shall	2457
be determined pursuant to the provisions of section 2913.72 of the	2458
Revised Code.	2459

(C) The sentencing court that suspends an offender's license,	2460
permit, or nonresident operating privilege under division (B)(9)	2461
of this section may grant the offender limited driving privileges	2462
during the period of the suspension in accordance with Chapter	2463
4510. of the Revised Code.	2464

Sec. 2923.122. (A) No person shall knowingly convey, or	2465
attempt to convey, a deadly weapon or dangerous ordnance into a	2466
school safety zone.	2467

(B) No person shall knowingly possess a deadly weapon or	2468
dangerous ordnance in a school safety zone.	2469

(C) No person shall knowingly possess an object in a school	2470
safety zone if both of the following apply:	2471

(1) The object is indistinguishable from a firearm, whether	2472
or not the object is capable of being fired.	2473

(2) The person indicates that the person possesses the object	2474
and that it is a firearm, or the person knowingly displays or	2475
brandishes the object and indicates that it is a firearm.	2476

(D)(1) This section does not apply to any of the following:

2477

(a) An officer, agent, or employee of this or any other state	2478
or the United States, or a law enforcement officer, who is	2479
authorized to carry deadly weapons or dangerous ordnance and is	2480
acting within the scope of the officer's, agent's, or employee's	2481
duties, a security officer employed by a board of education or	2482
governing body of a school during the time that the security	2483
officer is on duty pursuant to that contract of employment, or any	2484
other person who has written authorization from the board of	2485
education or governing body of a school to convey deadly weapons	2486
or dangerous ordnance into a school safety zone or to possess a	2487
deadly weapon or dangerous ordnance in a school safety zone and	2488
who conveys or possesses the deadly weapon or dangerous ordnance	2489
in accordance with that authorization;	2490

(b) Any person who is employed in this state, who is	2491
authorized to carry deadly weapons or dangerous ordnance, and who	2492
is subject to and in compliance with the requirements of section	2493
109.801 of the Revised Code, unless the appointing authority of	2494
the person has expressly specified that the exemption provided in	2495
division (D)(1)(b) of this section does not apply to the person.	2496

(2) Division (C) of this section does not apply to premises	2497
upon which home schooling is conducted. Division (C) of this	2498
section also does not apply to a school administrator, teacher, or	2499
employee who possesses an object that is indistinguishable from a	2500
firearm for legitimate school purposes during the course of	2501
employment, a student who uses an object that is indistinguishable	2502
from a firearm under the direction of a school administrator,	2503
teacher, or employee, or any other person who with the express	2504
prior approval of a school administrator possesses an object that	2505
is indistinguishable from a firearm for a legitimate purpose,	2506
including the use of the object in a ceremonial activity, a play,	2507
reenactment, or other dramatic presentation, or a ROTC activity or	2508
another similar use of the object.	2509

(3) This section does not apply to a person who conveys or	2510
attempts to convey a handgun into, or possesses a handgun in, a	2511
school safety zone if, at the time of that conveyance, attempted	2512
conveyance, or possession of the handgun, all of the following	2513
apply:	2514

(a) The person does not enter into a school building or onto	2515
school premises and is not at a school activity.	2516

(b) The person is carrying a valid license or temporary	2517
emergency license to carry a concealed handgun issued to the	2518
person under section 2923.125 or 2923.1213 of the Revised Code or	2519
a license to carry a concealed handgun that was issued by another	2520
state with which the attorney general has entered into a	2521
reciprocity agreement under section 109.69 of the Revised Code.	2522

(c) The person is in the school safety zone in accordance	2523
with 18 U.S.C. 922(q)(2)(B).	2524

(d) The person is not knowingly in a place described in	2525
division (B)(1) or (B)(3) to (10) of section 2923.126 of the	2526
Revised Code.	2527

(4) This section does not apply to a person who conveys or	2528
attempts to convey a handgun into, or possesses a handgun in, a	2529
school safety zone if at the time of that conveyance, attempted	2530
conveyance, or possession of the handgun all of the following	2531
apply:	2532

(a) The person is carrying a valid license or temporary	2533
emergency license to carry a concealed handgun issued to the	2534
person under section 2923.125 or 2923.1213 of the Revised Code or	2535
a license to carry a concealed handgun that was issued by another	2536
state with which the attorney general has entered into a	2537
reciprocity agreement under section 109.69 of the Revised Code.	2538

(b) The person is the driver or passenger in a motor vehicle	2539
and is in the school safety zone while immediately in the process	2540
of picking up or dropping off a child.	2541

(c) The person is not in violation of section 2923.16 of the	2542
Revised Code.	2543

(E)(1) Whoever violates division (A) or (B) of this section	2544
is guilty of illegal conveyance or possession of a deadly weapon	2545
or dangerous ordnance in a school safety zone. Except as otherwise	2546
provided in this division, illegal conveyance or possession of a	2547
deadly weapon or dangerous ordnance in a school safety zone is a	2548
felony of the fifth degree. If the offender previously has been	2549
convicted of a violation of this section, illegal conveyance or	2550
possession of a deadly weapon or dangerous ordnance in a school	2551
safety zone is a felony of the fourth degree.	2552

(2) Whoever violates division (C) of this section is guilty	2553
of illegal possession of an object indistinguishable from a	2554
firearm in a school safety zone. Except as otherwise provided in	2555
this division, illegal possession of an object indistinguishable	2556
from a firearm in a school safety zone is a misdemeanor of the	2557
first degree. If the offender previously has been convicted of a	2558
violation of this section, illegal possession of an object	2559
indistinguishable from a firearm in a school safety zone is a	2560
felony of the fifth degree.	2561

(F)(1) In addition to any other penalty imposed upon a person	2562
who is convicted of or pleads guilty to a violation of this	2563
section and subject to division (F)(2) of this section, if the	2564
offender has not attained nineteen years of age, regardless of	2565
whether the offender is attending or is enrolled in a school	2566
operated by a board of education or for which the state board of	2567
education prescribes minimum standards under section 3301.07 of	2568
the Revised Code, the court shall impose upon the offender a class	2569
four suspension of the offender's probationary driver's license,	2570
restricted license, driver's license, commercial driver's license,	2571
temporary instruction permit, or probationary commercial driver's	2572
license that then is in effect from the range specified in	2573
division (A)(4) of section 4510.02 of the Revised Code and shall	2574
deny the offender the issuance of any permit or license of that	2575
type during the period of the suspension.	2576

If the offender is not a resident of this state, the court	2577
shall impose a class four suspension of the nonresident operating	2578
privilege of the offender from the range specified in division	2579
(A)(4) of section 4510.02 of the Revised Code.	2580

(2) If the offender shows good cause why the court should not	2581
suspend one of the types of licenses, permits, or privileges	2582
specified in division (F)(1) of this section or deny the issuance	2583
of one of the temporary instruction permits specified in that	2584
division, the court in its discretion may choose not to impose the	2585
suspension, revocation, or denial required in that division, but	2586
the court, in its discretion, instead may require the offender to	2587
perform community service for a number of hours determined by the	2588
court.	2589

(G) As used in this section, "object that is	2590
indistinguishable from a firearm" means an object made,	2591
constructed, or altered so that, to a reasonable person without	2592
specialized training in firearms, the object appears to be a	2593
firearm.	2594

Sec. 2925.14. (A) As used in this section, "drug	2595
paraphernalia" means any equipment, product, or material of any	2596
kind that is used by the offender, intended by the offender for	2597
use, or designed for use, in propagating, cultivating, growing,	2598
harvesting, manufacturing, compounding, converting, producing,	2599
processing, preparing, testing, analyzing, packaging, repackaging,	2600
storing, containing, concealing, injecting, ingesting, inhaling,	2601
or otherwise introducing into the human body, a controlled	2602
substance in violation of this chapter. "Drug paraphernalia"	2603
includes, but is not limited to, any of the following equipment,	2604
products, or materials that are used by the offender, intended by	2605
the offender for use, or designed by the offender for use, in any	2606
of the following manners:	2607

(1) A kit for propagating, cultivating, growing, or	2608
harvesting any species of a plant that is a controlled substance	2609
or from which a controlled substance can be derived;	2610

(2) A kit for manufacturing, compounding, converting,	2611
producing, processing, or preparing a controlled substance;	2612

(3) Any object, instrument, or device for manufacturing,	2613
compounding, converting, producing, processing, or preparing	2614
methamphetamine;	2615

(4) An isomerization device for increasing the potency of any	2616
species of a plant that is a controlled substance;	2617

(5) Testing equipment for identifying, or analyzing the	2618
strength, effectiveness, or purity of, a controlled substance;	2619

(6) A scale or balance for weighing or measuring a controlled	2620
substance;	2621

(7) A diluent or adulterant, such as quinine hydrochloride,	2622
mannitol, mannite, dextrose, or lactose, for cutting a controlled	2623
substance;	2624

(8) A separation gin or sifter for removing twigs and seeds	2625
from, or otherwise cleaning or refining, marihuana;	2626

(9) A blender, bowl, container, spoon, or mixing device for	2627
compounding a controlled substance;	2628

(10) A capsule, balloon, envelope, or container for packaging	2629
small quantities of a controlled substance;	2630

(11) A container or device for storing or concealing a	2631
controlled substance;	2632

(12) A hypodermic syringe, needle, or instrument for	2633
parenterally injecting a controlled substance into the human body;	2634

(13) An object, instrument, or device for ingesting,	2635
inhaling, or otherwise introducing into the human body, marihuana,	2636
cocaine, hashish, or hashish oil, such as a metal, wooden,	2637
acrylic, glass, stone, plastic, or ceramic pipe, with or without a	2638
screen, permanent screen, hashish head, or punctured metal bowl;	2639
water pipe; carburetion tube or device; smoking or carburetion	2640
mask; roach clip or similar object used to hold burning material,	2641
such as a marihuana cigarette, that has become too small or too	2642
short to be held in the hand; miniature cocaine spoon, or cocaine	2643
vial; chamber pipe; carburetor pipe; electric pipe; air driver	2644
pipe; chillum; bong; or ice pipe or chiller.	2645

(B) In determining if any equipment, product, or material is	2646
drug paraphernalia, a court or law enforcement officer shall	2647
consider, in addition to other relevant factors, the following:	2648

(1) Any statement by the owner, or by anyone in control, of	2649
the equipment, product, or material, concerning its use;	2650

(2) The proximity in time or space of the equipment, product,	2651
or material, or of the act relating to the equipment, product, or	2652
material, to a violation of any provision of this chapter;	2653

(3) The proximity of the equipment, product, or material to	2654
any controlled substance;	2655

(4) The existence of any residue of a controlled substance on	2656
the equipment, product, or material;	2657

(5) Direct or circumstantial evidence of the intent of the	2658
owner, or of anyone in control, of the equipment, product, or	2659
material, to deliver it to any person whom the owner or person in	2660
control of the equipment, product, or material knows intends to	2661
use the object to facilitate a violation of any provision of this	2662
chapter. A finding that the owner, or anyone in control, of the	2663
equipment, product, or material, is not guilty of a violation of	2664
any other provision of this chapter does not prevent a finding	2665
that the equipment, product, or material was intended or designed	2666
by the offender for use as drug paraphernalia.	2667

(6) Any oral or written instruction provided with the	2668
equipment, product, or material concerning its use;	2669

(7) Any descriptive material accompanying the equipment,	2670
product, or material and explaining or depicting its use;	2671

(8) National or local advertising concerning the use of the	2672
equipment, product, or material;	2673

(9) The manner and circumstances in which the equipment,	2674
product, or material is displayed for sale;	2675

(10) Direct or circumstantial evidence of the ratio of the	2676
sales of the equipment, product, or material to the total sales of	2677
the business enterprise;	2678

(11) The existence and scope of legitimate uses of the	2679
equipment, product, or material in the community;	2680

(12) Expert testimony concerning the use of the equipment,	2681
product, or material.	2682

(C)(1) No person shall knowingly use, or possess with purpose	2683
to use, drug paraphernalia.	2684

(2) No person shall knowingly sell, or possess or manufacture	2685
with purpose to sell, drug paraphernalia, if the person knows or	2686
reasonably should know that the equipment, product, or material	2687
will be used as drug paraphernalia.	2688

(3) No person shall place an advertisement in any newspaper,	2689
magazine, handbill, or other publication that is published and	2690
printed and circulates primarily within this state, if the person	2691
knows that the purpose of the advertisement is to promote the	2692
illegal sale in this state of the equipment, product, or material	2693
that the offender intended or designed for use as drug	2694
paraphernalia.	2695

(D) This section does not apply to manufacturers, licensed	2696
health professionals authorized to prescribe drugs, pharmacists,	2697
owners of pharmacies, and other persons whose conduct is in	2698
accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731.,	2699
and 4741. of the Revised Code. This section shall not be construed	2700
to prohibit the possession or use of a hypodermic as authorized by	2701
section 3719.172 of the Revised Code.	2702

(E) Notwithstanding Chapter 2981. of the Revised Code, any	2703
drug paraphernalia that was used, possessed, sold, or manufactured	2704
in a violation of this section shall be seized, after a conviction	2705
for that violation shall be forfeited, and upon forfeiture shall	2706
be disposed of pursuant to division (B) of section 2981.12 of the	2707
Revised Code.	2708

(F)(1) Whoever violates division (C)(1) of this section is	2709
guilty of illegal use or possession of drug paraphernalia,. Except	2710
as otherwise provided in division (F)(1) of this section, illegal	2711
use or possession of drug paraphernalia is a misdemeanor of the	2712
fourth degree. If the offender uses or possesses with purpose to	2713
use the drug paraphernalia with marihuana, illegal use or	2714
possession of drug paraphernalia is a minor misdemeanor.	2715

(2) Except as provided in division (F)(3) of this section,	2716
whoever violates division (C)(2) of this section is guilty of	2717
dealing in drug paraphernalia, a misdemeanor of the second degree.	2718

(3) Whoever violates division (C)(2) of this section by	2719
selling drug paraphernalia to a juvenile is guilty of selling drug	2720
paraphernalia to juveniles, a misdemeanor of the first degree.	2721

(4) Whoever violates division (C)(3) of this section is	2722
guilty of illegal advertising of drug paraphernalia, a misdemeanor	2723
of the second degree.	2724

(G) In addition to any other sanction imposed upon an	2725
offender for a violation of this section, the court shall suspend	2726
for not less than six months or more than five years the	2727
offender's driver's or commercial driver's license or permit. If	2728
the offender is a professionally licensed person, in addition to	2729
any other sanction imposed for a violation of this section, the	2730
court immediately shall comply with section 2925.38 of the Revised	2731
Code.	2732

Sec. 2949.08. (A) When a person who is convicted of or	2733
pleads guilty to a felony is sentenced to a community residential	2734
sanction in a community-based correctional facility pursuant to	2735
section 2929.16 of the Revised Code or when a person who is	2736
convicted of or pleads guilty to a felony or a misdemeanor is	2737
sentenced to a term of imprisonment in a jail, the judge or	2738
magistrate shall order the person into the custody of the sheriff	2739
or constable, and the sheriff or constable shall deliver the	2740
person with the record of the person's conviction to the jailer,	2741
administrator, or keeper, in whose custody the person shall remain	2742
until the term of imprisonment expires or the person is otherwise	2743
legally discharged.	2744

(B) The record of the person's conviction shall specify the	2745
total number of days, if any, that the person was confined for any	2746
reason arising out of the offense for which the person was	2747
convicted and sentenced prior to delivery to the jailer,	2748
administrator, or keeper under this section. The record shall be	2749
used to determine any reduction of sentence under division (C) of	2750
this section.	2751

(C)(1) If the person is sentenced to a jail for a felony or a	2752
misdemeanor, the jailer in charge of a jail shall reduce the	2753
sentence of a person delivered into the jailer's custody pursuant	2754
to division (A) of this section by the total number of days the	2755
person was confined for any reason arising out of the offense for	2756
which the person was convicted and sentenced, including	2757
confinement in lieu of bail while awaiting trial, confinement for	2758
examination to determine the person's competence to stand trial or	2759
to determine sanity, ~~and~~ confinement while awaiting transportation	2760
to the place where the person is to serve the sentence, and	2761
confinement in a juvenile facility.	2762

(2) If the person is sentenced to a community-based	2763
correctional facility for a felony, the total amount of time that	2764
a person shall be confined in a community-based correctional	2765
facility, in a jail, and for any reason arising out of the offense	2766
for which the person was convicted and sentenced prior to delivery	2767
to the jailer, administrator, or keeper shall not exceed the	2768
maximum prison term available for that offense. Any term in a jail	2769
shall be reduced first pursuant to division (C)(1) of this section	2770
by the total number of days the person was confined prior to	2771
delivery to the jailer, administrator, or keeper. Only after the	2772
term in a jail has been entirely reduced may the term in a	2773
community-based correctional facility be reduced pursuant to this	2774
division. This division does not affect the limitations placed on	2775
the duration of a term in a jail or a community-based correctional	2776
facility under divisions (A)(1), (2), and (3) of section 2929.16	2777
of the Revised Code.	2778

(D) For purposes of divisions (B) and (C) of this section, a	2779
person shall be considered to have been confined for a day if the	2780
person was confined for any period or periods of time totaling	2781
more than eight hours during that day.	2782

(E) As used in this section, "community-based correctional	2783
facility" and "jail" have the same meanings as in section 2929.01	2784
of the Revised Code.	2785

Sec. 2953.25. (A) As used in this section:

2786

(1) "Collateral sanction" means a penalty, disability, or	2787
disadvantage that is related to employment or occupational	2788
licensing, however denominated, as a result of the individual's	2789
conviction of or plea of guilty to an offense and that applies by	2790
operation of law in this state whether or not the penalty,	2791
disability, or disadvantage is included in the sentence or	2792
judgment imposed.	2793

"Collateral sanction" does not include imprisonment,	2794
probation, parole, supervised release, forfeiture, restitution,	2795
fine, assessment, or costs of prosecution.	2796

(2) "Decision-maker" includes, but is not limited to, the	2797
state acting through a department, agency, board, commission, or	2798
instrumentality established by the law of this state for the	2799
exercise of any function of government, a political subdivision,	2800
an educational institution, or a government contractor or	2801
subcontractor made subject to this section by contract, law, or	2802
ordinance.	2803

(3) "Designee" means the person designated by the deputy	2804
director of the division of parole and community services of the	2805
department of rehabilitation and correction to perform the duties	2806
designated in division (B) of this section.	2807

(4) "Offense" means any felony or misdemeanor under the laws	2808
of this state.	2809

(5) "Political subdivision" has the same meaning as in	2810
section 2969.21 of the Revised Code.	2811

(B)(1) An individual who is subject to collateral sanctions	2812
as a result of being convicted of or pleading guilty to an offense	2813
may file a petition with the designee of the deputy director of	2814
the division of parole and community services of the department of	2815
rehabilitation and correction for a court order of limited relief.	2816
The individual may file a petition for an order of limited relief	2817
at any time after the individual completes a period of confinement	2818
in a state or local correctional facility.	2819

(2) Upon receiving a petition for an order of limited relief,	2820
the designee shall notify the prosecutor's office that prosecuted	2821
the offense that resulted in the imposition of the collateral	2822
sanction from which the individual seeks relief.	2823

(3)(a) The designee shall review the individual's petition	2824
for an order of limited relief, the individual's criminal history,	2825
all filings submitted by the prosecutor or by the victim in	2826
accordance with rules adopted by the adult parole authority, and	2827
all other relevant evidence. The designee may order any test,	2828
report, investigation, or disclosure by the individual that the	2829
designee believes is necessary for the designee to reach a	2830
decision on whether to forward the individual's petition for an	2831
order of limited relief to the court that sentenced the individual	2832
for the offense that resulted in the imposition of collateral	2833
sanctions on the individual.	2834

(b) If the designee determines that the individual's petition	2835
for an order of limited relief should be considered by the	2836
sentencing court, the designee shall forward the petition to the	2837
sentencing court. The designee shall make all filings, evidence,	2838
reports, investigations, disclosures, and test results that the	2839
designee obtained under division (B)(3)(a) of this section	2840
available to the sentencing court.	2841

(c) If the designee declines to forward the individual's	2842
petition for an order of limited relief to the sentencing court,	2843
the designee shall provide written notice to the individual of the	2844
designee's decision not to forward the petition. The designee may	2845
place conditions on the individual regulating the individual's	2846
filing of any subsequent petition for an order of limited relief.	2847
The written notice shall notify the individual of any conditions	2848
placed on the individual's filing of a new petition for an order	2849
of limited relief.	2850

(C)(1) The court that receives an individual's petition for	2851
an order of limited relief from the designee shall review the	2852
individual's petition.	2853

(2) Subject to division (C)(3) of this section, the court	2854
that receives an individual's petition for an order of limited	2855
relief from the designee may issue an order of limited relief, at	2856
the court's discretion, if the court finds that the individual has	2857
established all of the following by a preponderance of the	2858
evidence:	2859

(a) Granting the petition will materially assist the	2860
individual in obtaining employment, education, housing, public	2861
benefits, or occupational licensing.	2862

(b) The individual has a substantial need for the relief	2863
requested in order to live a law-abiding life.	2864

(c) Granting the petition would not pose an unreasonable risk	2865
to the safety of the public or any individual.	2866

(3) The sentencing court shall not issue an order of limited	2867
relief from any of the following collateral sanctions:	2868

(a) Requirements imposed by Chapter 2950. of the Revised Code	2869
and rules adopted under sections 2950.13 and 2950.132 of the	2870
Revised Code;	2871

(b) A driver's license, commercial driver's license, or	2872
probationary license suspension, cancellation, or revocation	2873
pursuant to section 4510.037, 4510.07, 4511.19, or 4511.191 of the	2874
Revised Code if the relief sought is available pursuant to section	2875
4510.021 or division (B) of section 4510.13 of the Revised Code;	2876

(c) Restrictions on employment as a prosecutor or law	2877
enforcement officer;	2878

(d) The denial, ineligibility, or automatic suspension of a	2879
license that is imposed upon an individual applying for or holding	2880
a license as a health care professional under Title XLVII of the	2881
Revised Code if the individual is convicted of, pleads guilty to,	2882
is subject to a judicial finding of eligibility for intervention	2883
in lieu of conviction in this state under section 2951.041 of the	2884
Revised Code, or is subject to treatment or intervention in lieu	2885
of conviction for a violation of section 2903.01, 2903.02,	2886
2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02,	2887
2911.01, 2911.11, or 2919.123 of the Revised Code;	2888

(e) The immediate suspension of a license, certificate, or	2889
evidence of registration that is imposed upon an individual	2890
holding a license as a health care professional under Title XLVII	2891
of the Revised Code pursuant to division (C) of section 3719.121	2892
of the Revised Code;	2893

(f) The denial or ineligibility for employment in a pain	2894
clinic under division (B)(4) of section 4729.552 of the Revised	2895
Code;	2896

(g) The mandatory suspension of a license that is imposed on	2897
an individual applying for or holding a license as a health care	2898
professional under Title XLVII of the Revised Code pursuant to	2899
section 3123.43 of the Revised Code.	2900

(D) An order of limited relief lifts the automatic bar of a	2901
collateral sanction, and a decision-maker may consider on a	2902
case-by-case basis whether it is appropriate to grant or deny the	2903
issuance or restoration of an occupational license or an	2904
employment opportunity.	2905

(E) An order of limited relief does not grant the individual	2906
to whom the order was issued relief from the mandatory civil	2907
impacts identified in division (A)(1) of section 2961.01 or	2908
division (B) of section 2961.02 of the Revised Code at any time	2909
during the individual's term of supervision.	2910

(F) The adult parole authority may adopt rules in accordance	2911
with Chapter 119. of the Revised Code governing the designee's	2912
performance of the duties assigned to the designee by division (B)	2913
of this section.	2914

(G)(1) In a judicial or administrative proceeding alleging	2915
negligence or other fault, an order of limited relief may be	2916
introduced as evidence of a person's due care in hiring,	2917
retaining, licensing, leasing to, admitting to a school or	2918
program, or otherwise transacting business or engaging in activity	2919
with the individual to whom the order of limited relief was issued	2920
if the person knew of the order at the time of the alleged	2921
negligence or other fault.	2922

(2) In any proceeding on a claim against an employer for	2923
negligent hiring, an order of limited relief shall provide	2924
immunity for the employer as to the claim if the employer knew of	2925
the order at the time of the alleged negligence.	2926

(H) An order of limited relief shall be presumptively revoked	2927
if the individual to whom the order of limited relief was issued	2928
is convicted of or pleads guilty to a felony offense committed	2929
subsequent to the issuance of the order of limited relief.	2930

(I) The designee's forwarding of, or failure to forward, an	2931
individual's petition for an order of limited relief under	2932
division (B) of this section does not give rise to a claim for	2933
damages against the department of rehabilitation and correction.	2934

Sec. 2953.31. As used in sections 2953.31 to 2953.36 of the	2935
Revised Code:	2936

(A) "~~First~~Eligible offender" means anyone who has been	2937
convicted of an offense in this state or any other jurisdiction	2938
and who ~~previously or subsequently has not been convicted of the~~	2939
~~same or a different offense~~has not more than one felony	2940
conviction and not more than one misdemeanor conviction in this	2941
state or any other jurisdiction. When two or more convictions	2942
result from or are connected with the same act or result from	2943
offenses committed at the same time, they shall be counted as one	2944
conviction. When two or three convictions result from the same	2945
indictment, information, or complaint, from the same plea of	2946
guilty, or from the same official proceeding, and result from	2947
related criminal acts that were committed within a three-month	2948
period but do not result from the same act or from offenses	2949
committed at the same time, they shall be counted as one	2950
conviction, provided that a court may decide as provided in	2951
division (C)(1)(a) of section 2953.32 of the Revised Code that it	2952
is not in the public interest for the two or three convictions to	2953
be counted as one conviction.	2954

For purposes of, and except as otherwise provided in, this	2955
division, a conviction for a minor misdemeanor, for a violation of	2956
any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the	2957
Revised Code, or for a violation of a municipal ordinance that is	2958
substantially similar to any section in those chapters is not a	2959
~~previous or subsequent~~ conviction. However, a conviction for a	2960
violation of section 4511.19, 4511.251, 4549.02, 4549.021,	2961
4549.03, 4549.042, or 4549.62 or sections 4549.41 to 4549.46 of	2962
the Revised Code, for a violation of section 4510.11 or 4510.14 of	2963
the Revised Code that is based upon the offender's operation of a	2964
vehicle during a suspension imposed under section 4511.191 or	2965
4511.196 of the Revised Code, for a violation of a substantially	2966
equivalent municipal ordinance, for a felony violation of Title	2967
XLV of the Revised Code, or for a violation of a substantially	2968
equivalent former law of this state or former municipal ordinance	2969
shall be considered a ~~previous or subsequent~~ conviction.	2970

(B) "Prosecutor" means the county prosecuting attorney, city	2971
director of law, village solicitor, or similar chief legal	2972
officer, who has the authority to prosecute a criminal case in the	2973
court in which the case is filed.	2974

(C) "Bail forfeiture" means the forfeiture of bail by a	2975
defendant who is arrested for the commission of a misdemeanor,	2976
other than a defendant in a traffic case as defined in Traffic	2977
Rule 2, if the forfeiture is pursuant to an agreement with the	2978
court and prosecutor in the case.	2979

(D) "Official records" has the same meaning as in division	2980
(D) of section 2953.51 of the Revised Code.	2981

(E) "Official proceeding" has the same meaning as in section	2982
2921.01 of the Revised Code.	2983

(F) "Community control sanction" has the same meaning as in	2984
section 2929.01 of the Revised Code.	2985

(G) "Post-release control" and "post-release control	2986
sanction" have the same meanings as in section 2967.01 of the	2987
Revised Code.	2988

(H) "DNA database," "DNA record," and "law enforcement	2989
agency" have the same meanings as in section 109.573 of the	2990
Revised Code.	2991

(I) "Fingerprints filed for record" means any fingerprints	2992
obtained by the superintendent of the bureau of criminal	2993
identification and investigation pursuant to sections 109.57 and	2994
109.571 of the Revised Code.	2995

Sec. 2953.32. (A)(1) Except as provided in section 2953.61	2996
of the Revised Code, ~~a first~~an eligible offender may apply to the	2997
sentencing court if convicted in this state, or to a court of	2998
common pleas if convicted in another state or in a federal court,	2999
for the sealing of the conviction record. Application may be made	3000
at the expiration of three years after the offender's final	3001
discharge if convicted of a felony, or at the expiration of one	3002
year after the offender's final discharge if convicted of a	3003
misdemeanor.	3004

(2) Any person who has been arrested for any misdemeanor	3005
offense and who has effected a bail forfeiture may apply to the	3006
court in which the misdemeanor criminal case was pending when bail	3007
was forfeited for the sealing of the record of the case. Except as	3008
provided in section 2953.61 of the Revised Code, the application	3009
may be filed at any time after the expiration of one year from the	3010
date on which the bail forfeiture was entered upon the minutes of	3011
the court or the journal, whichever entry occurs first.	3012

(B) Upon the filing of an application under this section, the	3013
court shall set a date for a hearing and shall notify the	3014
prosecutor for the case of the hearing on the application. The	3015
prosecutor may object to the granting of the application by filing	3016
an objection with the court prior to the date set for the hearing.	3017
The prosecutor shall specify in the objection the reasons for	3018
believing a denial of the application is justified. The court	3019
shall direct its regular probation officer, a state probation	3020
officer, or the department of probation of the county in which the	3021
applicant resides to make inquiries and written reports as the	3022
court requires concerning the applicant. If the applicant was	3023
convicted of or pleaded guilty to a violation of division (B) of	3024
section 2919.21 of the Revised Code, the probation officer or	3025
county department of probation that the court directed to make	3026
inquiries concerning the applicant shall contact the child support	3027
enforcement agency enforcing the applicant's obligations under the	3028
child support order to inquire about the offender's compliance	3029
with the child support order.	3030

(C)(1) The court shall do each of the following:

3031

(a) Determine whether the applicant is ~~a first~~an eligible	3032
offender or whether the forfeiture of bail was agreed to by the	3033
applicant and the prosecutor in the case. If the applicant applies	3034
as ~~a first~~an eligible offender pursuant to division (A)(1) of	3035
this section and has two or three convictions that result from the	3036
same indictment, information, or complaint, from the same plea of	3037
guilty, or from the same official proceeding, and result from	3038
related criminal acts that were committed within a three-month	3039
period but do not result from the same act or from offenses	3040
committed at the same time, in making its determination under this	3041
division, the court initially shall determine whether it is not in	3042
the public interest for the two or three convictions to be counted	3043
as one conviction. If the court determines that it is not in the	3044
public interest for the two or three convictions to be counted as	3045
one conviction, the court shall determine that the applicant is	3046
not ~~a first~~an eligible offender; if the court does not make that	3047
determination, the court shall determine that the offender is a	3048
~~first~~an eligible offender.	3049

(b) Determine whether criminal proceedings are pending	3050
against the applicant;	3051

(c) If the applicant is ~~a first~~an eligible offender who	3052
applies pursuant to division (A)(1) of this section, determine	3053
whether the applicant has been rehabilitated to the satisfaction	3054
of the court;	3055

(d) If the prosecutor has filed an objection in accordance	3056
with division (B) of this section, consider the reasons against	3057
granting the application specified by the prosecutor in the	3058
objection;	3059

(e) Weigh the interests of the applicant in having the	3060
records pertaining to the applicant's conviction sealed against	3061
the legitimate needs, if any, of the government to maintain those	3062
records.	3063

(2) If the court determines, after complying with division	3064
(C)(1) of this section, that the applicant is ~~a first~~an eligible	3065
offender or the subject of a bail forfeiture, that no criminal	3066
proceeding is pending against the applicant, and that the	3067
interests of the applicant in having the records pertaining to the	3068
applicant's conviction or bail forfeiture sealed are not	3069
outweighed by any legitimate governmental needs to maintain those	3070
records, and that the rehabilitation of an applicant who is a	3071
~~first~~an eligible offender applying pursuant to division (A)(1) of	3072
this section has been attained to the satisfaction of the court,	3073
the court, except as provided in divisions (G) and (H) of this	3074
section, shall order all official records pertaining to the case	3075
sealed and, except as provided in division (F) of this section,	3076
all index references to the case deleted and, in the case of bail	3077
forfeitures, shall dismiss the charges in the case. The	3078
proceedings in the case shall be considered not to have occurred	3079
and the conviction or bail forfeiture of the person who is the	3080
subject of the proceedings shall be sealed, except that upon	3081
conviction of a subsequent offense, the sealed record of prior	3082
conviction or bail forfeiture may be considered by the court in	3083
determining the sentence or other appropriate disposition,	3084
including the relief provided for in sections 2953.31 to 2953.33	3085
of the Revised Code.	3086

(3) Upon the filing of an application under this section, the	3087
applicant, unless indigent, shall pay a fee of fifty dollars. The	3088
court shall pay thirty dollars of the fee into the state treasury.	3089
It shall pay twenty dollars of the fee into the county general	3090
revenue fund if the sealed conviction or bail forfeiture was	3091
pursuant to a state statute, or into the general revenue fund of	3092
the municipal corporation involved if the sealed conviction or	3093
bail forfeiture was pursuant to a municipal ordinance.	3094

(D) Inspection of the sealed records included in the order	3095
may be made only by the following persons or for the following	3096
purposes:	3097

(1) By a law enforcement officer or prosecutor, or the	3098
assistants of either, to determine whether the nature and	3099
character of the offense with which a person is to be charged	3100
would be affected by virtue of the person's previously having been	3101
convicted of a crime;	3102

(2) By the parole or probation officer of the person who is	3103
the subject of the records, for the exclusive use of the officer	3104
in supervising the person while on parole or under a community	3105
control sanction or a post-release control sanction, and in making	3106
inquiries and written reports as requested by the court or adult	3107
parole authority;	3108

(3) Upon application by the person who is the subject of the	3109
records, by the persons named in the application;	3110

(4) By a law enforcement officer who was involved in the	3111
case, for use in the officer's defense of a civil action arising	3112
out of the officer's involvement in that case;	3113

(5) By a prosecuting attorney or the prosecuting attorney's	3114
assistants, to determine a defendant's eligibility to enter a	3115
pre-trial diversion program established pursuant to section	3116
2935.36 of the Revised Code;	3117

(6) By any law enforcement agency or any authorized employee	3118
of a law enforcement agency or by the department of rehabilitation	3119
and correction as part of a background investigation of a person	3120
who applies for employment with the agency as a law enforcement	3121
officer or with the department as a corrections officer;	3122

(7) By any law enforcement agency or any authorized employee	3123
of a law enforcement agency, for the purposes set forth in, and in	3124
the manner provided in, section 2953.321 of the Revised Code;	3125

(8) By the bureau of criminal identification and	3126
investigation or any authorized employee of the bureau for the	3127
purpose of providing information to a board or person pursuant to	3128
division (F) or (G) of section 109.57 of the Revised Code;	3129

(9) By the bureau of criminal identification and	3130
investigation or any authorized employee of the bureau for the	3131
purpose of performing a criminal history records check on a person	3132
to whom a certificate as prescribed in section 109.77 of the	3133
Revised Code is to be awarded;	3134

(10) By the bureau of criminal identification and	3135
investigation or any authorized employee of the bureau for the	3136
purpose of conducting a criminal records check of an individual	3137
pursuant to division (B) of section 109.572 of the Revised Code	3138
that was requested pursuant to any of the sections identified in	3139
division (B)(1) of that section;	3140

(11) By the bureau of criminal identification and	3141
investigation, an authorized employee of the bureau, a sheriff, or	3142
an authorized employee of a sheriff in connection with a criminal	3143
records check described in section 311.41 of the Revised Code;	3144

(12) By the attorney general or an authorized employee of the	3145
attorney general or a court for purposes of determining a person's	3146
classification pursuant to Chapter 2950. of the Revised Code.	3147

When the nature and character of the offense with which a	3148
person is to be charged would be affected by the information, it	3149
may be used for the purpose of charging the person with an	3150
offense.	3151

(E) In any criminal proceeding, proof of any otherwise	3152
admissible prior conviction may be introduced and proved,	3153
notwithstanding the fact that for any such prior conviction an	3154
order of sealing previously was issued pursuant to sections	3155
2953.31 to 2953.36 of the Revised Code.	3156

(F) The person or governmental agency, office, or department	3157
that maintains sealed records pertaining to convictions or bail	3158
forfeitures that have been sealed pursuant to this section may	3159
maintain a manual or computerized index to the sealed records. The	3160
index shall contain only the name of, and alphanumeric identifiers	3161
that relate to, the persons who are the subject of the sealed	3162
records, the word "sealed," and the name of the person, agency,	3163
office, or department that has custody of the sealed records, and	3164
shall not contain the name of the crime committed. The index shall	3165
be made available by the person who has custody of the sealed	3166
records only for the purposes set forth in divisions (C), (D), and	3167
(E) of this section.	3168

(G) Notwithstanding any provision of this section or section	3169
2953.33 of the Revised Code that requires otherwise, a board of	3170
education of a city, local, exempted village, or joint vocational	3171
school district that maintains records of an individual who has	3172
been permanently excluded under sections 3301.121 and 3313.662 of	3173
the Revised Code is permitted to maintain records regarding a	3174
conviction that was used as the basis for the individual's	3175
permanent exclusion, regardless of a court order to seal the	3176
record. An order issued under this section to seal the record of a	3177
conviction does not revoke the adjudication order of the	3178
superintendent of public instruction to permanently exclude the	3179
individual who is the subject of the sealing order. An order	3180
issued under this section to seal the record of a conviction of an	3181
individual may be presented to a district superintendent as	3182
evidence to support the contention that the superintendent should	3183
recommend that the permanent exclusion of the individual who is	3184
the subject of the sealing order be revoked. Except as otherwise	3185
authorized by this division and sections 3301.121 and 3313.662 of	3186
the Revised Code, any school employee in possession of or having	3187
access to the sealed conviction records of an individual that were	3188
the basis of a permanent exclusion of the individual is subject to	3189
section 2953.35 of the Revised Code.	3190

(H) For purposes of sections 2953.31 to 2953.36 of the	3191
Revised Code, DNA records collected in the DNA database and	3192
fingerprints filed for record by the superintendent of the bureau	3193
of criminal identification and investigation shall not be sealed	3194
unless the superintendent receives a certified copy of a final	3195
court order establishing that the offender's conviction has been	3196
overturned. For purposes of this section, a court order is not	3197
"final" if time remains for an appeal or application for	3198
discretionary review with respect to the order.	3199

Sec. 2953.34. Nothing in sections 2953.31 to 2953.33 of the	3200
Revised Code precludes ~~a first~~an eligible offender from taking an	3201
appeal or seeking any relief from ~~his~~the eligible offender's	3202
conviction or from relying on it in lieu of any subsequent	3203
prosecution for the same offense.	3204

Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised	3205
Code do not apply to any of the following:	3206

(A) Convictions when the offender is subject to a mandatory	3207
prison term;	3208

(B) Convictions under section 2907.02, 2907.03, 2907.04,	3209
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section	3210
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised	3211
Code, or a conviction for a violation of a municipal ordinance	3212
that is substantially similar to any section contained in any of	3213
those chapters;	3214

(C) Convictions of an offense of violence when the offense is	3215
a misdemeanor of the first degree or a felony and when the offense	3216
is not a violation of section 2917.03 of the Revised Code and is	3217
not a violation of section 2903.13, 2917.01, or 2917.31 of the	3218
Revised Code that is a misdemeanor of the first degree;	3219

(D) Convictions on or after ~~the effective date of this~~	3220
~~amendment~~October 10, 2007, under section 2907.07 of the Revised	3221
Code or a conviction on or after ~~the effective date of this~~	3222
~~amendment~~October 10, 2007, for a violation of a municipal	3223
ordinance that is substantially similar to that section;	3224

(E) Convictions on or after ~~the effective date of this~~	3225
~~amendment~~October 10, 2007, under section 2907.08, 2907.09,	3226
2907.21, 2907.22, 2907.23, 2907.31, 2907.311, 2907.32, or 2907.33	3227
of the Revised Code when the victim of the offense was under	3228
eighteen years of age;	3229

(F) Convictions of an offense in circumstances in which the	3230
victim of the offense was under eighteen years of age when the	3231
offense is a misdemeanor of the first degree or a felony, except	3232
for convictions under section 2919.21 of the Revised Code;	3233

(G) Convictions of a felony of the first or second degree;

3234

(H) Bail forfeitures in a traffic case as defined in Traffic	3235
Rule 2.	3236

Sec. 2967.01. As used in this chapter:

3237

(A) "State correctional institution" includes any institution	3238
or facility that is operated by the department of rehabilitation	3239
and correction and that is used for the custody, care, or	3240
treatment of criminal, delinquent, or psychologically or	3241
psychiatrically disturbed offenders.	3242

(B) "Pardon" means the remission of penalty, guilt, and all	3243
criminal and civil disabilities by the governor in accordance with	3244
the power vested in the governor by the constitution.	3245

(C) "Commutation" or "commutation of sentence" means the	3246
substitution by the governor of a lesser for a greater punishment.	3247
A stated prison term may be commuted without the consent of the	3248
convict, except when granted upon the acceptance and performance	3249
by the convict of conditions precedent. After commutation, the	3250
commuted prison term shall be the only one in existence. The	3251
commutation may be stated in terms of commuting from a named	3252
offense to a lesser included offense with a shorter prison term,	3253
in terms of commuting from a stated prison term in months and	3254
years to a shorter prison term in months and years, or in terms of	3255
commuting from any other stated prison term to a shorter prison	3256
term.	3257

(D) "Reprieve" means the temporary suspension by the governor	3258
of the execution of a sentence or prison term. The governor may	3259
grant a reprieve without the consent of and against the will of	3260
the convict.	3261

(E) "Parole" means, regarding a prisoner who is serving a	3262
prison term for aggravated murder or murder, who is serving a	3263
prison term of life imprisonment for rape or for felonious sexual	3264
penetration as it existed under section 2907.12 of the Revised	3265
Code prior to September 3, 1996, or who was sentenced prior to	3266
July 1, 1996, a release of the prisoner from confinement in any	3267
state correctional institution by the adult parole authority that	3268
is subject to the eligibility criteria specified in this chapter	3269
and that is under the terms and conditions, and for the period of	3270
time, prescribed by the authority in its published rules and	3271
official minutes or required by division (A) of section 2967.131	3272
of the Revised Code or another provision of this chapter.	3273

(F) "Head of a state correctional institution" or "head of	3274
the institution" means the resident head of the institution and	3275
the person immediately in charge of the institution, whether	3276
designated warden, superintendent, or any other name by which the	3277
head is known.	3278

(G) "Convict" means a person who has been convicted of a	3279
felony under the laws of this state, whether or not actually	3280
confined in a state correctional institution, unless the person	3281
has been pardoned or has served the person's sentence or prison	3282
term.	3283

(H) "Prisoner" means a person who is in actual confinement in	3284
a state correctional institution.	3285

(I) "Parolee" means any inmate who has been released from	3286
confinement on parole by order of the adult parole authority or	3287
conditionally pardoned, who is under supervision of the adult	3288
parole authority and has not been granted a final release, and who	3289
has not been declared in violation of the inmate's parole by the	3290
authority or is performing the prescribed conditions of a	3291
conditional pardon.	3292

(J) "Releasee" means an inmate who has been released from	3293
confinement pursuant to section 2967.28 of the Revised Code under	3294
a period of post-release control that includes one or more	3295
post-release control sanctions.	3296

(K) "Final release" means a remission by the adult parole	3297
authority of the balance of the sentence or prison term of a	3298
parolee or prisoner or the termination by the authority of a term	3299
of post-release control of a releasee.	3300

(L) "Parole violator" or "release violator" means any parolee	3301
or releasee who has been declared to be in violation of the	3302
condition of parole or post-release control specified in division	3303
(A) or (B) of section 2967.131 of the Revised Code or in violation	3304
of any other term, condition, or rule of the parolee's or	3305
releasee's parole or of the parolee's or releasee's post-release	3306
control sanctions, the determination of which has been made by the	3307
adult parole authority and recorded in its official minutes.	3308

(M) "Administrative release" means a termination of	3309
jurisdiction over a particular sentence or prison term by the	3310
adult parole authority for administrative convenience.	3311

(N) "Post-release control" means a period of supervision by	3312
the adult parole authority after a prisoner's release from	3313
imprisonment that includes one or more post-release control	3314
sanctions imposed under section 2967.28 of the Revised Code.	3315

(O) "Post-release control sanction" means a sanction that is	3316
authorized under sections 2929.16 to 2929.18 of the Revised Code	3317
and that is imposed upon a prisoner upon the prisoner's release	3318
from a prison term.	3319

(P) "Community control sanction," "prison term," "mandatory	3320
prison term," and "stated prison term" have the same meanings as	3321
in section 2929.01 of the Revised Code.	3322

(Q) "Transitional control" means control of a prisoner under	3323
the transitional control program established by the department of	3324
rehabilitation and correction under section 2967.26 of the Revised	3325
Code, if the department establishes a program of that nature under	3326
that section.	3327

(R) "Random drug testing" has the same meaning as in section	3328
5120.63 of the Revised Code.	3329

Sec. 2967.04. (A) A pardon or commutation may be granted	3330
upon ~~such~~any conditions precedent or subsequent asthat the	3331
governor may impose, ~~which~~and the conditions shall be stated in	3332
the warrant. ~~Such~~A pardon or commutation shall not take effect	3333
until the conditions so imposed are accepted by the convict or	3334
prisoner so pardoned or having ~~his~~a sentence commuted, and ~~his~~	3335
the convict's or prisoner's acceptance is indorsed upon the	3336
warrant, signed by ~~him~~the prisoner or convict, and attested by	3337
one witness. ~~Such~~The witness shall go before the clerk of the	3338
court ~~of common pleas~~ in whose office the case, conviction, and	3339
sentence isare recorded and prove the signature of the convict.	3340
The clerk shall thereupon record the warrant, indorsement, and	3341
proof in the journal of the court, which record, or a duly	3342
certified transcript thereof, shall be evidence of ~~such~~the pardon	3343
or commutation, the conditions thereof, and the acceptance of the	3344
conditions. Upon presentation of proof that the conditions of the	3345
conditional pardon have been met, the clerk shall destroy all	3346
paper and electronic records of the case, conviction, and	3347
sentence. The clerk shall then notify all prosecution agencies and	3348
law enforcement agencies that had a part in the convict's charge,	3349
arrest, and any incarceration and the bureau of criminal	3350
identification and investigation of the pardon. Upon receipt of	3351
the notification, the prosecution agencies and law enforcement	3352
agencies and the bureau shall destroy all paper and electronic	3353
records of the case, conviction, and sentence.	3354

(B) An unconditional pardon relieves the person to whom it is	3355
granted of the penalty, the guilt, and all civil and criminal	3356
disabilities arising out of the conviction or convictions from	3357
which it is granted. For purposes of this section, "unconditional	3358
pardon" includes a conditional pardon with respect to which all	3359
conditions have been performed or have transpired. Upon receipt of	3360
a warrant of unconditional pardon, the clerk of court in whose	3361
office the case, conviction, and sentence are recorded shall	3362
record the warrant and destroy all paper and electronic records of	3363
the charge or charges and conviction or convictions. The clerk	3364
shall then notify all prosecution agencies and law enforcement	3365
agencies that had a part in the convict's charge, arrest, and	3366
incarceration and the bureau of criminal identification and	3367
investigation of the pardon. Upon receipt of the notification, the	3368
prosecution agencies and law enforcement agencies and the bureau	3369
shall destroy all paper and electronic records of the case,	3370
conviction, and sentence.	3371

Sec. 2967.06. Warrants of pardon and commutation shall be	3372
issued in triplicate, one to be given to the convict, one to be	3373
filed with the clerk of the court ~~of common pleas~~ in whose office	3374
the case, conviction, and sentence isare recorded, and one to be	3375
filed with the head of the institution in which the convict was	3376
confined, ~~in case he~~if the convict was confined.	3377

All warrants of pardon, whether conditional or otherwise,	3378
shall be recorded by ~~said~~the clerk and the officer of the	3379
institution with whom ~~such~~the warrants and copies are filed, in a	3380
book provided for that purpose, which record shall include the	3381
indorsements on such warrants. A copy of such a warrant with all	3382
indorsements, certified by ~~said~~the clerk under seal, shall be	3383
received in evidence as proof of the facts set forth in such copy	3384
with indorsements.	3385

Sec. 2967.191. The department of rehabilitation and	3386
correction shall reduce the stated prison term of a prisoner or,	3387
if the prisoner is serving a term for which there is parole	3388
eligibility, the minimum and maximum term or the parole	3389
eligibility date of the prisoner by the total number of days that	3390
the prisoner was confined for any reason arising out of the	3391
offense for which the prisoner was convicted and sentenced,	3392
including confinement in lieu of bail while awaiting trial,	3393
confinement for examination to determine the prisoner's competence	3394
to stand trial or sanity, ~~and~~ confinement while awaiting	3395
transportation to the place where the prisoner is to serve the	3396
prisoner's prison term, and confinement in a juvenile facility.	3397

Sec. 3119.01. (A) As used in the Revised Code, "child	3398
support enforcement agency" means a child support enforcement	3399
agency designated under former section 2301.35 of the Revised Code	3400
prior to October 1, 1997, or a private or government entity	3401
designated as a child support enforcement agency under section	3402
307.981 of the Revised Code.	3403

(B) As used in this chapter and Chapters 3121., 3123., and	3404
3125. of the Revised Code:	3405

(1) "Administrative child support order" means any order	3406
issued by a child support enforcement agency for the support of a	3407
child pursuant to section 3109.19 or 3111.81 of the Revised Code	3408
or former section 3111.211 of the Revised Code, section 3111.21 of	3409
the Revised Code as that section existed prior to January 1, 1998,	3410
or section 3111.20 or 3111.22 of the Revised Code as those	3411
sections existed prior to March 22, 2001.	3412

(2) "Child support order" means either a court child support	3413
order or an administrative child support order.	3414

(3) "Obligee" means the person who is entitled to receive the	3415
support payments under a support order.	3416

(4) "Obligor" means the person who is required to pay support	3417
under a support order.	3418

(5) "Support order" means either an administrative child	3419
support order or a court support order.	3420

3421

(1) "Combined gross income" means the combined gross income	3422
of both parents.	3423

(2) "Court child support order" means any order issued by a	3424
court for the support of a child pursuant to Chapter 3115. of the	3425
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,	3426
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13,	3427
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised	3428
Code, or division (B) of former section 3113.21 of the Revised	3429
Code.	3430

(3) "Court support order" means either a court child support	3431
order or an order for the support of a spouse or former spouse	3432
issued pursuant to Chapter 3115. of the Revised Code, section	3433
3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B)	3434
of former section 3113.21 of the Revised Code.	3435

(4) "Extraordinary medical expenses" means any uninsured	3436
medical expenses incurred for a child during a calendar year that	3437
exceed one hundred dollars.	3438

(5) "Income" means either of the following:

3439

(a) For a parent who is employed to full capacity, the gross	3440
income of the parent;	3441

(b) For a parent who is unemployed or underemployed, the sum	3442
of the gross income of the parent and any potential income of the	3443
parent.	3444

(6) "Insurer" means any person authorized under Title XXXIX	3445
of the Revised Code to engage in the business of insurance in this	3446
state, any health insuring corporation, and any legal entity that	3447
is self-insured and provides benefits to its employees or members.	3448

(7) "Gross income" means, except as excluded in division	3449
(C)(7) of this section, the total of all earned and unearned	3450
income from all sources during a calendar year, whether or not the	3451
income is taxable, and includes income from salaries, wages,	3452
overtime pay, and bonuses to the extent described in division (D)	3453
of section 3119.05 of the Revised Code; commissions; royalties;	3454
tips; rents; dividends; severance pay; pensions; interest; trust	3455
income; annuities; social security benefits, including retirement,	3456
disability, and survivor benefits that are not means-tested;	3457
workers' compensation benefits; unemployment insurance benefits;	3458
disability insurance benefits; benefits that are not means-tested	3459
and that are received by and in the possession of the veteran who	3460
is the beneficiary for any service-connected disability under a	3461
program or law administered by the United States department of	3462
veterans' affairs or veterans' administration; spousal support	3463
actually received; and all other sources of income. "Gross income"	3464
includes income of members of any branch of the United States	3465
armed services or national guard, including, amounts representing	3466
base pay, basic allowance for quarters, basic allowance for	3467
subsistence, supplemental subsistence allowance, cost of living	3468
adjustment, specialty pay, variable housing allowance, and pay for	3469
training or other types of required drills; self-generated income;	3470
and potential cash flow from any source.	3471

"Gross income" does not include any of the following:

3472

(a) Benefits received from means-tested government	3473
administered programs, including Ohio works first; prevention,	3474
retention, and contingency; means-tested veterans' benefits;	3475
supplemental security income; supplemental nutrition assistance	3476
program; disability financial assistance; or other assistance for	3477
which eligibility is determined on the basis of income or assets;	3478

(b) Benefits for any service-connected disability under a	3479
program or law administered by the United States department of	3480
veterans' affairs or veterans' administration that are not	3481
means-tested, that have not been distributed to the veteran who is	3482
the beneficiary of the benefits, and that are in the possession of	3483
the United States department of veterans' affairs or veterans'	3484
administration;	3485

(c) Child support received for children who were not born or	3486
adopted during the marriage at issue;	3487

(d) Amounts paid for mandatory deductions from wages such as	3488
union dues but not taxes, social security, or retirement in lieu	3489
of social security;	3490

(e) Nonrecurring or unsustainable income or cash flow items;

3491

(f) Adoption assistance and foster care maintenance payments	3492
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.	3493
501, 42 U.S.C.A. 670 (1980), as amended.	3494

(8) "Nonrecurring or unsustainable income or cash flow item"	3495
means an income or cash flow item the parent receives in any year	3496
or for any number of years not to exceed three years that the	3497
parent does not expect to continue to receive on a regular basis.	3498
"Nonrecurring or unsustainable income or cash flow item" does not	3499
include a lottery prize award that is not paid in a lump sum or	3500
any other item of income or cash flow that the parent receives or	3501
expects to receive for each year for a period of more than three	3502
years or that the parent receives and invests or otherwise uses to	3503
produce income or cash flow for a period of more than three years.	3504

(9)(a) "Ordinary and necessary expenses incurred in	3505
generating gross receipts" means actual cash items expended by the	3506
parent or the parent's business and includes depreciation expenses	3507
of business equipment as shown on the books of a business entity.	3508

(b) Except as specifically included in "ordinary and	3509
necessary expenses incurred in generating gross receipts" by	3510
division (C)(9)(a) of this section, "ordinary and necessary	3511
expenses incurred in generating gross receipts" does not include	3512
depreciation expenses and other noncash items that are allowed as	3513
deductions on any federal tax return of the parent or the parent's	3514
business.	3515

(10) "Personal earnings" means compensation paid or payable	3516
for personal services, however denominated, and includes wages,	3517
salary, commissions, bonuses, draws against commissions, profit	3518
sharing, vacation pay, or any other compensation.	3519

(11) "Potential income" means both of the following for a	3520
parent who the court pursuant to a court support order, or a child	3521
support enforcement agency pursuant to an administrative child	3522
support order, determines is voluntarily unemployed or voluntarily	3523
underemployed:	3524

(a) Imputed income that the court or agency determines the	3525
parent would have earned if fully employed as determined from the	3526
following criteria:	3527

(i) The parent's prior employment experience;

3528

(ii) The parent's education;

3529

(iii) The parent's physical and mental disabilities, if any;

3530

(iv) The availability of employment in the geographic area in	3531
which the parent resides;	3532

(v) The prevailing wage and salary levels in the geographic	3533
area in which the parent resides;	3534

(vi) The parent's special skills and training;

3535

(vii) Whether there is evidence that the parent has the	3536
ability to earn the imputed income;	3537

(viii) The age and special needs of the child for whom child	3538
support is being calculated under this section;	3539

(ix) The parent's increased earning capacity because of	3540
experience;	3541

(x) The parent's decreased earning capacity because of a	3542
felony conviction;	3543

(xi) Any other relevant factor.

3544

(b) Imputed income from any nonincome-producing assets of a	3545
parent, as determined from the local passbook savings rate or	3546
another appropriate rate as determined by the court or agency, not	3547
to exceed the rate of interest specified in division (A) of	3548
section 1343.03 of the Revised Code, if the income is significant.	3549

(12) "Schedule" means the basic child support schedule set	3550
forth in section 3119.021 of the Revised Code.	3551

(13) "Self-generated income" means gross receipts received by	3552
a parent from self-employment, proprietorship of a business, joint	3553
ownership of a partnership or closely held corporation, and rents	3554
minus ordinary and necessary expenses incurred by the parent in	3555
generating the gross receipts. "Self-generated income" includes	3556
expense reimbursements or in-kind payments received by a parent	3557
from self-employment, the operation of a business, or rents,	3558
including company cars, free housing, reimbursed meals, and other	3559
benefits, if the reimbursements are significant and reduce	3560
personal living expenses.	3561

(14) "Split parental rights and responsibilities" means a	3562
situation in which there is more than one child who is the subject	3563
of an allocation of parental rights and responsibilities and each	3564
parent is the residential parent and legal custodian of at least	3565
one of those children.	3566

(15) "Worksheet" means the applicable worksheet that is used	3567
to calculate a parent's child support obligation as set forth in	3568
sections 3119.022 and 3119.023 of the Revised Code.	3569

Sec. 3119.05. When a court computes the amount of child	3570
support required to be paid under a court child support order or a	3571
child support enforcement agency computes the amount of child	3572
support to be paid pursuant to an administrative child support	3573
order, all of the following apply:	3574

(A) The parents' current and past income and personal	3575
earnings shall be verified by electronic means or with suitable	3576
documents, including, but not limited to, paystubs, employer	3577
statements, receipts and expense vouchers related to	3578
self-generated income, tax returns, and all supporting	3579
documentation and schedules for the tax returns.	3580

(B) The amount of any pre-existing child support obligation	3581
of a parent under a child support order and the amount of any	3582
court-ordered spousal support actually paid shall be deducted from	3583
the gross income of that parent to the extent that payment under	3584
the child support order or that payment of the court-ordered	3585
spousal support is verified by supporting documentation.	3586

(C) If other minor children who were born to the parent and a	3587
person other than the other parent who is involved in the	3588
immediate child support determination live with the parent, the	3589
court or agency shall deduct an amount from that parent's gross	3590
income that equals the number of such minor children times the	3591
federal income tax exemption for such children less child support	3592
received for them for the year, not exceeding the federal income	3593
tax exemption.	3594

(D) When the court or agency calculates the gross income of a	3595
parent, it shall include the lesser of the following as income	3596
from overtime and bonuses:	3597

(1) The yearly average of all overtime, commissions, and	3598
bonuses received during the three years immediately prior to the	3599
time when the person's child support obligation is being computed;	3600

(2) The total overtime, commissions, and bonuses received	3601
during the year immediately prior to the time when the person's	3602
child support obligation is being computed.	3603

(E) When the court or agency calculates the gross income of a	3604
parent, it shall not include any income earned by the spouse of	3605
that parent.	3606

(F) The court shall issue a separate order for extraordinary	3607
medical or dental expenses, including, but not limited to,	3608
orthodontia, psychological, appropriate private education, and	3609
other expenses, and may consider the expenses in adjusting a child	3610
support order.	3611

(G) When a court or agency calculates the amount of child	3612
support to be paid pursuant to a court child support order or an	3613
administrative child support order, if the combined gross income	3614
of both parents is an amount that is between two amounts set forth	3615
in the first column of the schedule, the court or agency may use	3616
the basic child support obligation that corresponds to the higher	3617
of the two amounts in the first column of the schedule, use the	3618
basic child support obligation that corresponds to the lower of	3619
the two amounts in the first column of the schedule, or calculate	3620
a basic child support obligation that is between those two amounts	3621
and corresponds proportionally to the parents' actual combined	3622
gross income.	3623

(H) When the court or agency calculates gross income, the	3624
court or agency, when appropriate, may average income over a	3625
reasonable period of years.	3626

(I) AUnless it would be unjust, inappropriate, and not in	3627
the best interest of the child, a court or agency shall not	3628
determine a parent ~~receiving means-tested public assistance~~	3629
~~benefits~~ to be voluntarily unemployed or underemployed and shall	3630
not impute income to that parent~~, unless not making such~~	3631
~~determination and not imputing income would be unjust,~~	3632
~~inappropriate, and not in the best interest of the child~~if either	3633
of the following conditions exist:	3634

(1) The parent is receiving means-tested public assistance	3635
benefits;	3636

(2) The parent is incarcerated or institutionalized for a	3637
period of twelve months or more with no other available assets,	3638
unless the parent is incarcerated for an offense relating to the	3639
abuse or neglect of a child who is the subject of the support	3640
order or an offense under Title XXIX of the Revised Code when the	3641
obligee or a child who is the subject of the support order is a	3642
victim of the offense.	3643

(J) When a court or agency requires a parent to pay an amount	3644
for that parent's failure to support a child for a period of time	3645
prior to the date the court modifies or issues a court child	3646
support order or an agency modifies or issues an administrative	3647
child support order for the current support of the child, the	3648
court or agency shall calculate that amount using the basic child	3649
support schedule, worksheets, and child support laws in effect,	3650
and the incomes of the parents as they existed, for that prior	3651
period of time.	3652

(K) A court or agency may disregard a parent's additional	3653
income from overtime or additional employment when the court or	3654
agency finds that the additional income was generated primarily to	3655
support a new or additional family member or members, or under	3656
other appropriate circumstances.	3657

(L) If both parents involved in the immediate child support	3658
determination have a prior order for support relative to a minor	3659
child or children born to both parents, the court or agency shall	3660
collect information about the existing order or orders and	3661
consider those together with the current calculation for support	3662
to ensure that the total of all orders for all children of the	3663
parties does not exceed the amount that would have been ordered if	3664
all children were addressed in a single judicial or administrative	3665
proceeding.	3666

Sec. 3123.58. (A) On receipt of a notice pursuant to section	3667
3123.54 of the Revised Code, the registrar of motor vehicles shall	3668
determine whether the individual named in the notice holds or has	3669
applied for a driver's license or commercial driver's license,	3670
motorcycle operator's license or endorsement, or temporary	3671
instruction permit or commercial driver's temporary instruction	3672
permit. If the registrar determines that the individual holds or	3673
has applied for a license, permit, or endorsement and the	3674
individual is the individual named in the notice and does not	3675
receive a notice pursuant to section 3123.56 or 3123.57 of the	3676
Revised Code, the registrar immediately shall provide notice of	3677
the determination to each deputy registrar. The registrar or a	3678
deputy registrar may not issue to the individual a driver's or	3679
commercial driver's license, motorcycle operator's license or	3680
endorsement, or temporary instruction permit or commercial	3681
driver's temporary instruction permit and may not renew for the	3682
individual a driver's or commercial driver's license, motorcycle	3683
operator's license or endorsement, or commercial driver's	3684
temporary instruction permit. The registrar or a deputy registrar	3685
also shall impose a class F suspension of the license, permit, or	3686
endorsement held by the individual under division (B)(6) of	3687
section 4510.02 of the Revised Code.	3688

(B) A court may grant an individual whose license, permit, or	3689
endorsement is suspended under this section limited driving	3690
privileges in accordance with division (B) of section 4510.021 of	3691
the Revised Code. Prior to granting privileges under this	3692
division, the court shall request the child support enforcement	3693
agency that issued the notice pursuant to section 3123.54 of the	3694
Revised Code relative to the individual to advise the court,	3695
either in person through a representative testifying at a hearing	3696
or through a written document, the position of the agency relative	3697
to the issue of the granting of privileges to the individual. The	3698
court, in determining whether to grant the individual privileges	3699
under this division, shall take into consideration the position of	3700
the agency, but the court is not bound by the position of the	3701
agency.	3702

Sec. 3123.582. (A) In any case in which a person is charged	3703
with a violation of section 4510.111 of the Revised Code because	3704
the person's driver's or commercial driver's license has been	3705
suspended pursuant to section 3123.58 of the Revised Code, the	3706
prosecuting attorney prosecuting the case shall file a motion with	3707
the court dismissing the case against the person if, at any time,	3708
the prosecuting attorney becomes aware in any manner that the	3709
records of the bureau of motor vehicles indicate that the bureau	3710
received a notice from the proper child support enforcement agency	3711
pursuant to section 3123.57 of the Revised Code informing the	3712
bureau that the operator is no longer out of compliance with a	3713
child support order and the date that the notice lists as being	3714
the date on which the person no longer was out of compliance with	3715
the child support order is not greater than fifteen days after the	3716
date that the person was stopped and charged with the violation of	3717
section 4510.111 of the Revised Code.	3718

(B) In any case in which a law enforcement officer stops a	3719
motor vehicle being operated upon any highway or any private	3720
property used by the public for purposes of vehicular travel or	3721
parking in this state and the records of the bureau indicate that	3722
the driver's or commercial driver's license of the person	3723
operating the vehicle has been suspended pursuant to section	3724
3123.58 of the Revised Code, the law enforcement officer shall	3725
issue to the operator a citation, ticket, or summons for violating	3726
section 4510.111 of the Revised Code. The law enforcement officer	3727
shall not arrest the operator solely for that violation. If the	3728
law enforcement officer issues the person a citation, ticket, or	3729
summons for violating section 4510.111 of the Revised Code because	3730
the person's driver's or commercial driver's license has been	3731
suspended pursuant to section 3123.58 of the Revised Code, at the	3732
time the officer issues the citation, ticket, or summons the	3733
officer shall inform the person that if, not later than fifteen	3734
days after the date the officer issues the person the citation,	3735
ticket, or summons the person goes to the proper child support	3736
enforcement agency and either makes payments or arrangements so	3737
that the operator is no longer out of compliance with the child	3738
support order, the citation, ticket, or summons will be dismissed.	3739

Sec. 3772.07. The following appointing or licensing	3740
authorities shall obtain a criminal records check of the person	3741
who is to be appointed or licensed:	3742

(A) The governor, before appointing an individual as a member	3743
of the commission;	3744

(B) The commission, before appointing an individual as	3745
executive director or a gaming agent;	3746

(C) The commission, before issuing a license for a key	3747
employee or casino gaming employee, and before issuing a license	3748
for each investor, except an institutional investor, for a casino	3749
operator, management company, holding company, or gaming-related	3750
vendor;	3751

(D) The executive director, before appointing an individual	3752
as a professional, technical, or clerical employee of the	3753
commission.	3754

Thereafter, such an appointing or licensing authority shall	3755
obtain a criminal records check of the same individual at	3756
three-year intervals.	3757

The appointing or licensing authority shall provide to each	3758
person of whom a criminal records check is required a copy of the	3759
form and the standard fingerprint impression sheet prescribed	3760
under divisions (C)(1) and (2) of section 109.572 of the Revised	3761
Code. The person shall complete the form and impression sheet and	3762
return them to the appointing or licensing authority. If a person	3763
fails to complete and return the form and impression sheet within	3764
a reasonable time, the person is ineligible to be appointed or	3765
licensed or to continue in the appointment or licensure.	3766

The appointing or licensing authority shall forward the	3767
completed form and impression sheet to the superintendent of the	3768
bureau of criminal identification and investigation. The	3769
appointing or licensing authority shall request the superintendent	3770
also to obtain information from the federal bureau of	3771
investigation, including fingerprint-based checks of the national	3772
crime information databases, and from other states and the federal	3773
government under the national crime prevention and privacy compact	3774
as part of the criminal records check.	3775

The commission shall pay the fee the bureau of criminal	3776
identification and investigation charges for all criminal records	3777
checks conducted under this section. An applicant for a casino	3778
operator, management company, holding company, or gaming-related	3779
vendor license shall reimburse the commission for the amount of	3780
the fee paid on the applicant's behalf. An applicant for a key	3781
employee or casino gaming employee license shall reimburse the	3782
commission for the amount of the fee paid on the applicant's	3783
behalf, unless the applicant is applying at the request of a	3784
casino operator or management company, in which case the casino	3785
operator or management company shall reimburse the commission.	3786

The appointing or licensing authority shall review the	3787
results of a criminal records check. An appointee for a commission	3788
member shall forward the results of the criminal records check to	3789
the president of the senate before the senate advises and consents	3790
to the appointment of the commission member. The appointing or	3791
licensing authority shall not appoint or license or retain the	3792
appointment or licensure of a person a criminal records check	3793
discloses has been convicted of or has pleaded guilty or no	3794
contest to a disqualifying offense. A "disqualifying offense" has	3795
the same meaning as in section 4776.10 of the Revised Code, but	3796
also means any gambling offense, any theft offense, any offense	3797
having an element of fraud or misrepresentation, and any offense	3798
~~having an element~~that is a crime of moral turpitude~~, and any~~	3799
~~felony not otherwise included in the foregoing list, except as~~	3800
~~otherwise provided in section 3772.10 of the Revised Code~~as	3801
defined in section 4776.10 of the Revised Code.	3802

The report of a criminal records check is not a public record	3803
that is open to public inspection and copying. The commission	3804
shall not make the report available to any person other than the	3805
person who was the subject of the criminal records check; an	3806
appointing or licensing authority; a member, the executive	3807
director, or an employee of the commission; or any court or	3808
agency, including a hearing examiner, in a judicial or	3809
administrative proceeding relating to the person's employment with	3810
the entity requesting the criminal records check in which the	3811
criminal records check is relevant.	3812

Sec. 4301.99. (A) Whoever violates section 4301.47, 4301.48,	3813
4301.49, 4301.62, or 4301.70 or division (C) of section 4301.65 or	3814
division (B) of section 4301.691 of the Revised Code is guilty of	3815
a minor misdemeanor.	3816

(B) Whoever violates section 4301.15, division (A)(2) or (C)	3817
of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I)	3818
of section 4301.631, or section 4301.64 or 4301.67 of the Revised	3819
Code is guilty of a misdemeanor of the fourth degree.	3820

If an offender who violates section 4301.64 of the Revised	3821
Code was under the age of eighteen years at the time of the	3822
offense, the court, in addition to any other penalties it imposes	3823
upon the offender, ~~shall~~may suspend the offender's temporary	3824
instruction permit, probationary driver's license, or driver's	3825
license for a period of not less than six months and not more than	3826
one year. In lieu of suspending the offender's temporary	3827
instruction permit, probationary driver's license, or driver's	3828
license, the court instead may require the offender to perform	3829
community service for a number of hours determined by the court.	3830
If the offender is fifteen years and six months of age or older	3831
and has not been issued a temporary instruction permit or	3832
probationary driver's license, the offender shall not be eligible	3833
to be issued such a license or permit for a period of six months.	3834
If the offender has not attained the age of fifteen years and six	3835
months, the offender shall not be eligible to be issued a	3836
temporary instruction permit until the offender attains the age of	3837
sixteen years.	3838

(C) Whoever violates division (D) of section 4301.21, section	3839
4301.251, 4301.58, 4301.59, 4301.60, 4301.633, 4301.66, 4301.68,	3840
or 4301.74, division (B), (C), (D), (E)(1), or (F) of section	3841
4301.69, or division (C), (D), (E), (F), (G), or (I) of section	3842
4301.691 of the Revised Code is guilty of a misdemeanor of the	3843
first degree.	3844

If an offender who violates division (E)(1) of section	3845
4301.69 of the Revised Code was under the age of eighteen years at	3846
the time of the offense and the offense occurred while the	3847
offender was the operator of or a passenger in a motor vehicle,	3848
the court, in addition to any other penalties it imposes upon the	3849
offender, shall suspend the offender's temporary instruction	3850
permit or probationary driver's license for a period of not less	3851
than six months and not more than one year. If the offender is	3852
fifteen years and six months of age or older and has not been	3853
issued a temporary instruction permit or probationary driver's	3854
license, the offender shall not be eligible to be issued such a	3855
license or permit for a period of six months. If the offender has	3856
not attained the age of fifteen years and six months, the offender	3857
shall not be eligible to be issued a temporary instruction permit	3858
until the offender attains the age of sixteen years.	3859

(D) Whoever violates division (B) of section 4301.14, or	3860
division (A)(1) or (3) or (B) of section 4301.22 of the Revised	3861
Code is guilty of a misdemeanor of the third degree.	3862

(E) Whoever violates section 4301.63 or division (B) of	3863
section 4301.631 of the Revised Code shall be fined not less than	3864
twenty-five nor more than one hundred dollars. The court imposing	3865
a fine for a violation of section 4301.63 or division (B) of	3866
section 4301.631 of the Revised Code may order that the fine be	3867
paid by the performance of public work at a reasonable hourly rate	3868
established by the court. The court shall designate the time	3869
within which the public work shall be completed.	3870

(F)(1) Whoever violates section 4301.634 of the Revised Code	3871
is guilty of a misdemeanor of the first degree. If, in committing	3872
a first violation of that section, the offender presented to the	3873
permit holder or the permit holder's employee or agent a false,	3874
fictitious, or altered identification card, a false or fictitious	3875
driver's license purportedly issued by any state, or a driver's	3876
license issued by any state that has been altered, the offender is	3877
guilty of a misdemeanor of the first degree and shall be fined not	3878
less than two hundred fifty and not more than one thousand	3879
dollars, and may be sentenced to a term of imprisonment of not	3880
more than six months.	3881

(2) On a second violation in which, for the second time, the	3882
offender presented to the permit holder or the permit holder's	3883
employee or agent a false, fictitious, or altered identification	3884
card, a false or fictitious driver's license purportedly issued by	3885
any state, or a driver's license issued by any state that has been	3886
altered, the offender is guilty of a misdemeanor of the first	3887
degree and shall be fined not less than five hundred nor more than	3888
one thousand dollars, and may be sentenced to a term of	3889
imprisonment of not more than six months. The court also may	3890
impose a class seven suspension of the offender's driver's or	3891
commercial driver's license or permit or nonresident operating	3892
privilege from the range specified in division (A)(7) of section	3893
4510.02 of the Revised Code.	3894

(3) On a third or subsequent violation in which, for the	3895
third or subsequent time, the offender presented to the permit	3896
holder or the permit holder's employee or agent a false,	3897
fictitious, or altered identification card, a false or fictitious	3898
driver's license purportedly issued by any state, or a driver's	3899
license issued by any state that has been altered, the offender is	3900
guilty of a misdemeanor of the first degree and shall be fined not	3901
less than five hundred nor more than one thousand dollars, and may	3902
be sentenced to a term of imprisonment of not more than six	3903
months. ~~The~~Except as provided in this division, the court also	3904
shall impose a class six suspension of the offender's driver's or	3905
commercial driver's license or permit or nonresident operating	3906
privilege from the range specified in division (A)(6) of section	3907
4510.02 of the Revised Code, and the court may order that the	3908
suspension or denial remain in effect until the offender attains	3909
the age of twenty-one years. The court ~~also~~, in lieu of suspending	3910
the offender's temporary instruction permit, probationary driver's	3911
license, or driver's license, instead may order the offender to	3912
perform a determinate number of hours of community service, with	3913
the court determining the actual number of hours and the nature of	3914
the community service the offender shall perform.	3915

(G) Whoever violates section 4301.636 of the Revised Code is	3916
guilty of a felony of the fifth degree.	3917

(H) Whoever violates division (A)(1) of section 4301.22 of	3918
the Revised Code is guilty of a misdemeanor, shall be fined not	3919
less than five hundred and not more than one thousand dollars,	3920
and, in addition to the fine, may be imprisoned for a definite	3921
term of not more than sixty days.	3922

(I) Whoever violates division (A) of section 4301.69 or	3923
division (H) of section 4301.691 of the Revised Code is guilty of	3924
a misdemeanor, shall be fined not less than five hundred and not	3925
more than one thousand dollars, and, in addition to the fine, may	3926
be imprisoned for a definite term of not more than six months.	3927

(J) Whoever violates division (B) of section 4301.65 of the	3928
Revised Code is guilty of a misdemeanor of the third degree. For a	3929
second or subsequent violation occurring within a period of five	3930
consecutive years after the first violation, a person is guilty of	3931
a misdemeanor of the first degree.	3932

Sec. 4501.02. (A) There is hereby created in the department	3933
of public safety a bureau of motor vehicles, which shall be	3934
administered by a registrar of motor vehicles. The registrar shall	3935
be appointed by the director of public safety and shall serve at	3936
the director's pleasure.	3937

The registrar shall administer the laws of the state relative	3938
to the registration of and certificates of title for motor	3939
vehicles, and the licensing of motor vehicle dealers, motor	3940
vehicle leasing dealers, distributors, and salespersons, and of	3941
motor vehicle salvage dealers, salvage motor vehicle auctions, and	3942
salvage motor vehicle pools. The registrar also shall, in	3943
accordance with section 4503.61 of the Revised Code, take those	3944
steps necessary to enter this state into membership in the	3945
international registration plan and carry out the registrar's	3946
other duties under that section. The registrar, with the approval	3947
of the director of public safety, may do all of the following:	3948

(1) Adopt such forms and rules as are necessary to carry out	3949
all laws the registrar is required to administer;	3950

(2) Appoint such number of assistants, deputies, clerks,	3951
stenographers, and other employees as are necessary to carry out	3952
such laws;	3953

(3) Acquire or lease such facilities as are necessary to	3954
carry out the duties of the registrar's office;	3955

(4) Apply for, allocate, disburse, and account for grants	3956
made available under federal law or from other federal, state, or	3957
private sources;	3958

(5) Establish accounts in a bank or depository and deposit	3959
any funds collected by the registrar in those accounts to the	3960
credit of "state of Ohio, bureau of motor vehicles." Within three	3961
days after the deposit of funds in such an account, the registrar	3962
shall draw on that account in favor of the treasurer of state. The	3963
registrar may reserve funds against the draw to the treasurer of	3964
state to the extent reasonably necessary to ensure that the	3965
deposited items are not dishonored. The registrar may pay any	3966
service charge usually collected by the bank or depository;	3967

(6) Develop rules that establish disqualifying offenses for	3968
licensure as a motor vehicle salvage dealer pursuant to sections	3969
4738.04, 4738.07, and 4776.10 of the Revised Code.	3970

The registrar shall give a bond for the faithful performance	3971
of the registrar's duties in such amount and with such security as	3972
the director approves. When in the opinion of the director it is	3973
advisable, any deputy or other employee may be required to give	3974
bond in such amount and with such security as the director	3975
approves. In the discretion of the director, the bonds authorized	3976
to be taken on deputies or other employees may be individual,	3977
schedule, or blanket bonds.	3978

The director of public safety may investigate the activities	3979
of the bureau and have access to its records at any time, and the	3980
registrar shall make a report to the director at any time upon	3981
request.	3982

All laws relating to the licensing of motor vehicle dealers,	3983
motor vehicle leasing dealers, distributors, and salespersons, and	3984
of motor vehicle salvage dealers, salvage motor vehicle auctions,	3985
and salvage motor vehicle pools, designating and granting power to	3986
the registrar shall be liberally construed to the end that the	3987
practice or commission of fraud in the business of selling motor	3988
vehicles and of disposing of salvage motor vehicles may be	3989
prohibited and prevented.	3990

(B) There is hereby created in the department of public	3991
safety a division of emergency medical services, which shall be	3992
administered by an executive director of emergency medical	3993
services appointed under section 4765.03 of the Revised Code.	3994

Sec. 4503.233. (A)(1) If a court is required to order the	3995
immobilization of a vehicle for a specified period of time	3996
pursuant to section 4510.11, 4510.14, ~~4510.16,~~ 4510.161, 4510.41,	3997
4511.19, 4511.193, or 4511.203 of the Revised Code, the court,	3998
subject to section 4503.235 of the Revised Code, shall issue the	3999
immobilization order in accordance with this division and for the	4000
period of time specified in the particular section, and the	4001
immobilization under the order shall be in accordance with this	4002
section. The court, at the time of sentencing the offender for the	4003
offense relative to which the immobilization order is issued or as	4004
soon thereafter as is practicable, shall give a copy of the order	4005
to the offender or the offender's counsel. The court promptly	4006
shall send a copy of the order to the registrar on a form	4007
prescribed by the registrar and to the person or agency it	4008
designates to execute the order.	4009

The order shall indicate the date on which it is issued,	4010
shall identify the vehicle that is subject to the order, and shall	4011
specify all of the following:	4012

(a) The period of the immobilization;

4013

(b) The place at which the court determines that the	4014
immobilization shall be carried out, provided that the court shall	4015
not determine and shall not specify that the immobilization is to	4016
be carried out at any place other than a commercially operated	4017
private storage lot, a place owned by a law enforcement or other	4018
government agency, or a place to which one of the following	4019
applies:	4020

(i) The place is leased by or otherwise under the control of	4021
a law enforcement or other government agency.	4022

(ii) The place is owned by the offender, the offender's	4023
spouse, or a parent or child of the offender.	4024

(iii) The place is owned by a private person or entity, and,	4025
prior to the issuance of the order, the private entity or person	4026
that owns the place, or the authorized agent of that private	4027
entity or person, has given express written consent for the	4028
immobilization to be carried out at that place.	4029

(iv) The place is a public street or highway on which the	4030
vehicle is parked in accordance with the law.	4031

(c) The person or agency designated by the court to execute	4032
the order, which shall be either the law enforcement agency that	4033
employs the law enforcement officer who seized the vehicle, a	4034
bailiff of the court, another person the court determines to be	4035
appropriate to execute the order, or the law enforcement agency	4036
with jurisdiction over the place of residence of the vehicle	4037
owner;	4038

(d) That neither the registrar nor a deputy registrar will be	4039
permitted to accept an application for the license plate	4040
registration of any motor vehicle in the name of the vehicle owner	4041
until the immobilization fee is paid.	4042

(2) The person or agency the court designates to immobilize	4043
the vehicle shall seize or retain that vehicle's license plates	4044
and forward them to the bureau of motor vehicles.	4045

(3) In all cases, the offender shall be assessed an	4046
immobilization fee of one hundred dollars, and the immobilization	4047
fee shall be paid to the registrar before the vehicle may be	4048
released to the offender. Neither the registrar nor a deputy	4049
registrar shall accept an application for the registration of any	4050
motor vehicle in the name of the offender until the immobilization	4051
fee is paid.	4052

(4) If the vehicle subject to the order is immobilized	4053
pursuant to the order and is found being operated upon any street	4054
or highway in this state during the immobilization period, it	4055
shall be seized, removed from the street or highway, and	4056
criminally forfeited and disposed of pursuant to section 4503.234	4057
of the Revised Code.	4058

(5) The registrar shall deposit the immobilization fee into	4059
the law enforcement reimbursement fund created by section 4501.19	4060
of the Revised Code. Money in the fund shall be expended only as	4061
provided in division (A)(5) of this section. If the court	4062
designated in the order a court bailiff or another appropriate	4063
person other than a law enforcement officer to immobilize the	4064
vehicle, the amount of the fee deposited into the law enforcement	4065
reimbursement fund shall be paid out to the county treasury if the	4066
court that issued the order is a county court, to the treasury of	4067
the municipal corporation served by the court if the court that	4068
issued the order is a mayor's court, or to the city treasury of	4069
the legislative authority of the court, both as defined in section	4070
1901.03 of the Revised Code, if the court that issued the order is	4071
a municipal court. If the court designated a law enforcement	4072
agency to immobilize the vehicle and if the law enforcement agency	4073
immobilizes the vehicle, the amount of the fee deposited into the	4074
law enforcement reimbursement fund shall be paid out to the law	4075
enforcement agency to reimburse the agency for the costs it incurs	4076
in obtaining immobilization equipment and, if required, in sending	4077
an officer or other person to search for and locate the vehicle	4078
specified in the immobilization order and to immobilize the	4079
vehicle.	4080

In addition to the immobilization fee required to be paid	4081
under division (A)(3) of this section, the offender may be charged	4082
expenses or charges incurred in the removal and storage of the	4083
immobilized vehicle.	4084

(B) If a court issues an immobilization order under division	4085
(A)(1) of this section, the person or agency designated by the	4086
court to execute the immobilization order promptly shall	4087
immobilize or continue the immobilization of the vehicle at the	4088
place specified by the court in the order. The registrar shall not	4089
authorize the release of the vehicle or authorize the issuance of	4090
new identification license plates for the vehicle at the end of	4091
the immobilization period until the immobilization fee has been	4092
paid.	4093

(C) Upon receipt of the license plates for a vehicle under	4094
this section, the registrar shall destroy the license plates. At	4095
the end of the immobilization period and upon the payment of the	4096
immobilization fee that must be paid under this section, the	4097
registrar shall authorize the release of the vehicle and authorize	4098
the issuance, upon the payment of the same fee as is required for	4099
the replacement of lost, mutilated, or destroyed license plates	4100
and certificates of registration, of new license plates and, if	4101
necessary, a new certificate of registration to the offender for	4102
the vehicle in question.	4103

(D)(1) If a court issues an immobilization order under	4104
division (A) of this section, the immobilization period commences	4105
on the day on which the vehicle in question is immobilized. If the	4106
vehicle in question had been seized under section 4510.41 or	4107
4511.195 of the Revised Code, the time between the seizure and the	4108
beginning of the immobilization period shall be credited against	4109
the immobilization period specified in the immobilization order	4110
issued under division (A) of this section. No vehicle that is	4111
immobilized under this section is eligible to have restricted	4112
license plates under section 4503.231 of the Revised Code issued	4113
for that vehicle.	4114

(2) If a court issues an immobilization order under division	4115
(A) of this section, if the vehicle subject to the order is	4116
immobilized under the order, and if the vehicle is found being	4117
operated upon any street or highway of this state during the	4118
immobilization period, it shall be seized, removed from the street	4119
or highway, and criminally forfeited, and disposed of pursuant to	4120
section 4503.234 of the Revised Code. No vehicle that is forfeited	4121
under this provision shall be considered contraband for purposes	4122
of Chapter 2981. of the Revised Code, but shall be held by the law	4123
enforcement agency that employs the officer who seized it for	4124
disposal in accordance with section 4503.234 of the Revised Code.	4125

(3) If a court issues an immobilization order under division	4126
(A) of this section, and if the vehicle is not claimed within	4127
seven days after the end of the period of immobilization or if the	4128
offender has not paid the immobilization fee, the person or agency	4129
that immobilized the vehicle shall send a written notice to the	4130
offender at the offender's last known address informing the	4131
offender of the date on which the period of immobilization ended,	4132
that the offender has twenty days after the date of the notice to	4133
pay the immobilization fee and obtain the release of the vehicle,	4134
and that if the offender does not pay the fee and obtain the	4135
release of the vehicle within that twenty-day period, the vehicle	4136
will be forfeited under section 4503.234 of the Revised Code to	4137
the entity that is entitled to the immobilization fee.	4138

(4) An offender whose motor vehicle is subject to an	4139
immobilization order issued under division (A) of this section	4140
shall not sell the motor vehicle without approval of the court	4141
that issued the order. If such an offender wishes to sell the	4142
motor vehicle during the immobilization period, the offender shall	4143
apply to the court that issued the immobilization order for	4144
permission to assign the title to the vehicle. If the court is	4145
satisfied that the sale will be in good faith and not for the	4146
purpose of circumventing the provisions of division (A)(1) of this	4147
section, it may certify its consent to the offender and to the	4148
registrar. Upon receipt of the court's consent, the registrar	4149
shall enter the court's notice in the offender's vehicle license	4150
plate registration record.	4151

If, during a period of immobilization under an immobilization	4152
order issued under division (A) of this section, the title to the	4153
immobilized motor vehicle is transferred by the foreclosure of a	4154
chattel mortgage, a sale upon execution, the cancellation of a	4155
conditional sales contract, or an order of a court, the involved	4156
court shall notify the registrar of the action, and the registrar	4157
shall enter the court's notice in the offender's vehicle license	4158
plate registration record.	4159

Nothing in this section shall be construed as requiring the	4160
registrar or the clerk of the court of common pleas to note upon	4161
the certificate of title records any prohibition regarding the	4162
sale of a motor vehicle.	4163

(5) If the title to a motor vehicle that is subject to an	4164
immobilization order under division (A) of this section is	4165
assigned or transferred without court approval between the time of	4166
arrest of the offender who committed the offense for which such an	4167
order is to be issued and the time of the actual immobilization of	4168
the vehicle, the court shall order that, for a period of two years	4169
from the date of the order, neither the registrar nor any deputy	4170
registrar shall accept an application for the registration of any	4171
motor vehicle in the name of the offender whose vehicle was	4172
assigned or transferred without court approval. The court shall	4173
notify the registrar of the order on a form prescribed by the	4174
registrar for that purpose.	4175

(6) If the title to a motor vehicle that is subject to an	4176
immobilization order under division (A) of this section is	4177
assigned or transferred without court approval in violation of	4178
division (D)(4) of this section, then, in addition to or	4179
independent of any other penalty established by law, the court may	4180
fine the offender the value of the vehicle as determined by	4181
publications of the national auto dealers association. The	4182
proceeds from any fine so imposed shall be distributed in the same	4183
manner as the proceeds of the sale of a forfeited vehicle are	4184
distributed pursuant to division (C)(2) of section 4503.234 of the	4185
Revised Code.	4186

(E)(1) The court with jurisdiction over the case, after	4187
notice to all interested parties including lienholders, and after	4188
an opportunity for them to be heard, if the offender fails to	4189
appear in person, without good cause, or if the court finds that	4190
the offender does not intend to seek release of the vehicle at the	4191
end of the period of immobilization or that the offender is not or	4192
will not be able to pay the expenses and charges incurred in its	4193
removal and storage, may order that title to the vehicle be	4194
transferred, in order of priority, first into the name of the	4195
entity entitled to the immobilization fee under division (A)(5) of	4196
this section, next into the name of a lienholder, or lastly, into	4197
the name of the owner of the place of storage.	4198

A lienholder that receives title under a court order shall do	4199
so on the condition that it pay any expenses or charges incurred	4200
in the vehicle's removal and storage. If the entity that receives	4201
title to the vehicle is the entity that is entitled to the	4202
immobilization fee under division (A)(5) of this section, it shall	4203
receive title on the condition that it pay any lien on the	4204
vehicle. The court shall not order that title be transferred to	4205
any person or entity other than the owner of the place of storage	4206
if the person or entity refuses to receive the title. Any person	4207
or entity that receives title may either keep title to the vehicle	4208
or may dispose of the vehicle in any legal manner that it	4209
considers appropriate, including assignment of the certificate of	4210
title to the motor vehicle to a salvage dealer or a scrap metal	4211
processing facility. The person or entity shall not transfer the	4212
vehicle to the person who is the vehicle's immediate previous	4213
owner.	4214

If the person or entity assigns the motor vehicle to a	4215
salvage dealer or scrap metal processing facility, the person or	4216
entity shall send the assigned certificate of title to the motor	4217
vehicle to the clerk of the court of common pleas of the county in	4218
which the salvage dealer or scrap metal processing facility is	4219
located. The person or entity shall mark the face of the	4220
certificate of title with the words "FOR DESTRUCTION" and shall	4221
deliver a photocopy of the certificate of title to the salvage	4222
dealer or scrap metal processing facility for its records.	4223

(2) Whenever a court issues an order under division (E)(1) of	4224
this section, the court also shall order removal of the license	4225
plates from the vehicle and cause them to be sent to the registrar	4226
if they have not already been sent to the registrar. Thereafter,	4227
no further proceedings shall take place under this section, but	4228
the offender remains liable for payment of the immobilization fee	4229
described in division (A)(3) of this section if an immobilization	4230
order previously had been issued by the court.	4231

(3) Prior to initiating a proceeding under division (E)(1) of	4232
this section, and upon payment of the fee under division (B) of	4233
section 4505.14 of the Revised Code, any interested party may	4234
cause a search to be made of the public records of the bureau of	4235
motor vehicles or the clerk of the court of common pleas, to	4236
ascertain the identity of any lienholder of the vehicle. The	4237
initiating party shall furnish this information to the clerk of	4238
the court with jurisdiction over the case, and the clerk shall	4239
provide notice to the vehicle owner, the defendant, any	4240
lienholder, and any other interested parties listed by the	4241
initiating party, at the last known address supplied by the	4242
initiating party, by certified mail or, at the option of the	4243
initiating party, by personal service or ordinary mail.	4244

As used in this section, "interested party" includes the	4245
offender, all lienholders, the owner of the place of storage, the	4246
person or entity that caused the vehicle to be removed, and the	4247
person or entity, if any, entitled to the immobilization fee under	4248
division (A)(5) of this section.	4249

Sec. 4503.234. (A) If a court orders the criminal forfeiture	4250
of a vehicle pursuant to section 4503.233, 4503.236, 4510.11,	4251
4510.14, ~~4510.16,~~ 4510.161, 4510.41, 4511.19, 4511.193, or	4252
4511.203 of the Revised Code, the order shall be issued and	4253
enforced in accordance with this division, subject to division (B)	4254
of this section. An order of criminal forfeiture issued under this	4255
division shall authorize an appropriate law enforcement agency to	4256
seize the vehicle ordered criminally forfeited upon the terms and	4257
conditions that the court determines proper. No vehicle ordered	4258
criminally forfeited pursuant to this division shall be considered	4259
contraband for purposes of Chapter 2981. of the Revised Code, but	4260
the law enforcement agency that employs the officer who seized it	4261
shall hold the vehicle for disposal in accordance with this	4262
section. A forfeiture order may be issued only after the offender	4263
has been provided with an opportunity to be heard. The prosecuting	4264
attorney shall give the offender written notice of the possibility	4265
of forfeiture by sending a copy of the relevant uniform traffic	4266
ticket or other written notice to the offender not less than seven	4267
days prior to the date of issuance of the forfeiture order. A	4268
vehicle is subject to an order of criminal forfeiture pursuant to	4269
this division upon the conviction of the offender of or plea of	4270
guilty by the offender to a violation of division (A) of section	4271
4503.236, section 4510.11, 4510.14, ~~4510.16,~~ or 4511.203, or	4272
division (A) of section 4511.19 of the Revised Code, or a	4273
municipal ordinance that is substantially equivalent to any of	4274
those sections or divisions.	4275

(B)(1) Prior to the issuance of an order of criminal	4276
forfeiture pursuant to this section, the law enforcement agency	4277
that employs the law enforcement officer who seized the vehicle	4278
shall conduct or cause to be conducted a search of the appropriate	4279
public records that relate to the vehicle and shall make or cause	4280
to be made reasonably diligent inquiries to identify any	4281
lienholder or any person or entity with an ownership interest in	4282
the vehicle. The court that is to issue the forfeiture order also	4283
shall cause a notice of the potential order relative to the	4284
vehicle and of the expected manner of disposition of the vehicle	4285
after its forfeiture to be sent to any lienholder or person who is	4286
known to the court to have any right, title, or interest in the	4287
vehicle. The court shall give the notice by certified mail, return	4288
receipt requested, or by personal service.	4289

(2) No order of criminal forfeiture shall be issued pursuant	4290
to this section if a lienholder or other person with an ownership	4291
interest in the vehicle establishes to the court, by a	4292
preponderance of the evidence after filing a motion with the	4293
court, that the lienholder or other person neither knew nor should	4294
have known after a reasonable inquiry that the vehicle would be	4295
used or involved, or likely would be used or involved, in the	4296
violation resulting in the issuance of the order of criminal	4297
forfeiture or the violation of the order of immobilization issued	4298
under section 4503.233 of the Revised Code, that the lienholder or	4299
other person did not expressly or impliedly consent to the use or	4300
involvement of the vehicle in that violation, and that the lien or	4301
ownership interest was perfected pursuant to law prior to the	4302
seizure of the vehicle under section 4503.236, 4510.41, 4511.195,	4303
or 4511.203 of the Revised Code. If the lienholder or holder of	4304
the ownership interest satisfies the court that these criteria	4305
have been met, the court shall preserve the lienholder's or other	4306
person's lien or interest, and the court either shall return the	4307
vehicle to the holder, or shall order that the proceeds of any	4308
sale held pursuant to division (C)(2) of this section be paid to	4309
the lienholder or holder of the interest less the costs of	4310
seizure, storage, and maintenance of the vehicle. The court shall	4311
not return a vehicle to a lienholder or a holder of an ownership	4312
interest unless the lienholder or holder submits an affidavit to	4313
the court that states that the lienholder or holder will not	4314
return the vehicle to the person from whom the vehicle was seized	4315
pursuant to the order of criminal forfeiture or to any member of	4316
that person's family and will not otherwise knowingly permit that	4317
person or any member of that person's family to obtain possession	4318
of the vehicle.	4319

(3) No order of criminal forfeiture shall be issued pursuant	4320
to this section if a person with an interest in the vehicle	4321
establishes to the court, by a preponderance of the evidence after	4322
filing a motion with the court, that the person neither knew nor	4323
should have known after a reasonable inquiry that the vehicle had	4324
been used or was involved in the violation resulting in the	4325
issuance of the order of criminal forfeiture or the violation of	4326
the order of immobilization issued under section 4503.233 of the	4327
Revised Code, that the person did not expressly or impliedly	4328
consent to the use or involvement of the vehicle in that	4329
violation, that the interest was perfected in good faith and for	4330
value pursuant to law between the time of the arrest of the	4331
offender and the final disposition of the criminal charge in	4332
question, and that the vehicle was in the possession of the	4333
interest holder at the time of the perfection of the interest. If	4334
the court is satisfied that the interest holder has met these	4335
criteria, the court shall preserve the interest holder's interest,	4336
and the court either shall return the vehicle to the interest	4337
holder or order that the proceeds of any sale held pursuant to	4338
division (C) of this section be paid to the holder of the interest	4339
less the costs of seizure, storage, and maintenance of the	4340
vehicle. The court shall not return a vehicle to an interest	4341
holder unless the holder submits an affidavit to the court stating	4342
that the holder will not return the vehicle to the person from	4343
whom the holder acquired the holder's interest, nor to any member	4344
of that person's family, and the holder will not otherwise	4345
knowingly permit that person or any member of that person's family	4346
to obtain possession of the vehicle.	4347

(C) A vehicle ordered criminally forfeited to the state	4348
pursuant to this section shall be disposed of as follows:	4349

(1) It shall be given to the law enforcement agency that	4350
employs the law enforcement officer who seized the vehicle, if	4351
that agency desires to have it;	4352

(2) If a vehicle is not disposed of pursuant to division	4353
(C)(1) of this section, the vehicle shall be sold, without	4354
appraisal, if the value of the vehicle is two thousand dollars or	4355
more as determined by publications of the national auto dealer's	4356
association, at a public auction to the highest bidder for cash.	4357
Prior to the sale, the prosecuting attorney in the case shall	4358
cause a notice of the proposed sale to be given in accordance with	4359
law. The court shall cause notice of the sale of the vehicle to be	4360
published in a newspaper of general circulation in the county in	4361
which the court is located at least seven days prior to the date	4362
of the sale. The proceeds of a sale under this division or	4363
division (F) of this section shall be applied in the following	4364
order:	4365

(a) First, they shall be applied to the payment of the costs	4366
incurred in connection with the seizure, storage, and maintenance	4367
of, and provision of security for, the vehicle, any proceeding	4368
arising out of the forfeiture, and if any, the sale.	4369

(b) Second, the remaining proceeds after compliance with	4370
division (C)(2)(a) of this section, shall be applied to the	4371
payment of the value of any lien or ownership interest in the	4372
vehicle preserved under division (B) of this section.	4373

(c) Third, the remaining proceeds, after compliance with	4374
divisions (C)(2)(a) and (b) of this section, shall be applied to	4375
the appropriate funds in accordance with divisions (B) and (C) of	4376
section 2981.13 of the Revised Code, provided that the total of	4377
the amount so deposited under this division shall not exceed one	4378
thousand dollars. The remaining proceeds deposited under this	4379
division shall be used only for the purposes authorized by those	4380
divisions and division (D) of that section.	4381

(d) Fourth, the remaining proceeds after compliance with	4382
divisions (C)(2)(a) and (b) of this section and after deposit of a	4383
total amount of one thousand dollars under division (C)(2)(c) of	4384
this section shall be applied so that fifty per cent of those	4385
remaining proceeds is paid into the reparation fund established by	4386
section 2743.191 of the Revised Code, twenty-five per cent is paid	4387
into the drug abuse resistance education programs fund created by	4388
division (F)(2)(e) of section 4511.191 of the Revised Code and	4389
shall be used only for the purposes authorized by division	4390
(F)(2)(e) of that section, and twenty-five per cent is applied to	4391
the appropriate funds in accordance with divisions (B) and (C) of	4392
section 2981.13 of the Revised Code. The proceeds deposited into	4393
any fund described in section 2981.13 of the Revised Code shall be	4394
used only for the purposes authorized by divisions (B)(4)(c), (C),	4395
and (D) of that section.	4396

(D) Except as provided in division (E) of section 4511.203 of	4397
the Revised Code and notwithstanding any other provision of law,	4398
neither the registrar of motor vehicles nor any deputy registrar	4399
shall accept an application for the registration of any motor	4400
vehicle in the name of any person, or register any motor vehicle	4401
in the name of any person, if both of the following apply:	4402

(1) Any vehicle registered in the person's name was	4403
criminally forfeited under this section and section 4503.233,	4404
4503.236, 4510.10, 4510.11, 4510.14, ~~4510.16,~~ 4510.41, 4511.19,	4405
4511.193, or 4511.203 of the Revised Code;	4406

(2) Less than five years have expired since the issuance of	4407
the most recent order of criminal forfeiture issued in relation to	4408
a vehicle registered in the person's name.	4409

(E) If a court orders the criminal forfeiture to the state of	4410
a vehicle pursuant to section 4503.233, 4503.236, 4510.10,	4411
4510.11, 4510.14, ~~4510.16,~~ 4510.161, 4510.41, 4511.19, 4511.193,	4412
or 4511.203 of the Revised Code, the title to the motor vehicle is	4413
assigned or transferred, and division (B)(2) or (3) of this	4414
section applies, in addition to or independent of any other	4415
penalty established by law, the court may fine the offender the	4416
value of the vehicle as determined by publications of the national	4417
auto dealer's association. The proceeds from any fine imposed	4418
under this division shall be distributed in accordance with	4419
division (C)(2) of this section.	4420

(F) As used in this section and divisions (B)(4)(c), (C), and	4421
(D) of section 2981.13 of the Revised Code in relation to proceeds	4422
of the sale of a vehicle under division (C) of this section,	4423
"prosecuting attorney" includes the prosecuting attorney, village	4424
solicitor, city director of law, or similar chief legal officer of	4425
a municipal corporation who prosecutes the case resulting in the	4426
conviction or guilty plea in question.	4427

(G) If the vehicle to be forfeited has an average retail	4428
value of less than two thousand dollars as determined by	4429
publications of the national auto dealer's association, no public	4430
auction is required to be held. In such a case, the court may	4431
direct that the vehicle be disposed of in any manner that it	4432
considers appropriate, including assignment of the certificate of	4433
title to the motor vehicle to a salvage dealer or a scrap metal	4434
processing facility. The court shall not transfer the vehicle to	4435
the person who is the vehicle's immediate previous owner.	4436

If the court assigns the motor vehicle to a salvage dealer or	4437
scrap metal processing facility and the court is in possession of	4438
the certificate of title to the motor vehicle, it shall send the	4439
assigned certificate of title to the motor vehicle to the clerk of	4440
the court of common pleas of the county in which the salvage	4441
dealer or scrap metal processing facility is located. The court	4442
shall mark the face of the certificate of title with the words	4443
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate	4444
of title to the salvage dealer or scrap metal processing facility	4445
for its records.	4446

If the court is not in possession of the certificate of title	4447
to the motor vehicle, the court shall issue an order transferring	4448
ownership of the motor vehicle to a salvage dealer or scrap metal	4449
processing facility, send the order to the clerk of the court of	4450
common pleas of the county in which the salvage dealer or scrap	4451
metal processing facility is located, and send a photocopy of the	4452
order to the salvage dealer or scrap metal processing facility for	4453
its records. The clerk shall make the proper notations or entries	4454
in the clerk's records concerning the disposition of the motor	4455
vehicle.	4456

Sec. 4507.02. (A)(1) No person shall permit the operation of	4457
a motor vehicle upon any public or private property used by the	4458
public for purposes of vehicular travel or parking knowing the	4459
operator does not have a valid driver's license issued to the	4460
operator by the registrar of motor vehicles under this chapter or	4461
a valid commercial driver's license issued under Chapter 4506. of	4462
the Revised Code. Except as otherwise provided in this division,	4463
whoever violates this division is guilty of an unclassified	4464
misdemeanor. When the offense is an unclassified misdemeanor, the	4465
offender shall be sentenced pursuant to sections 2929.21 to	4466
2929.28 of the Revised Code, except that the offender shall not be	4467
sentenced to a jail term; the offender shall not be sentenced to a	4468
community residential sanction pursuant to section 2929.26 of the	4469
Revised Code; notwithstanding division (A)(2)(a) of section	4470
2929.28 of the Revised Code, the offender may be fined up to one	4471
thousand dollars; and, notwithstanding division (A)(3) of section	4472
2929.27 of the Revised Code, the offender may be ordered pursuant	4473
to division (C) of that section to serve a term of community	4474
service of up to five hundred hours. The failure of an offender to	4475
complete a term of community service imposed by the court may be	4476
punished as indirect criminal contempt under division (A) of	4477
section 2705.02 of the Revised Code that may be filed in the	4478
underlying case.	4479

If, within three years of the offense, the offender	4480
previously has been convicted of or pleaded guilty to two or more	4481
violations of this section or a substantially equivalent municipal	4482
ordinance, the offense is a misdemeanor of the first degree.	4483

(2) No person shall receive a driver's license, or a	4484
motorcycle operator's endorsement of a driver's or commercial	4485
driver's license, unless and until the person surrenders to the	4486
registrar all valid licenses issued to the person by another	4487
jurisdiction recognized by this state. The registrar shall report	4488
the surrender of a license to the issuing authority, together with	4489
information that a license is now issued in this state. The	4490
registrar shall destroy any such license that is not returned to	4491
the issuing authority. No person shall be permitted to have more	4492
than one valid license at any time.	4493

(B)(1) If a person is convicted of a violation of section	4494
4510.11, 4510.14, ~~4510.16 when division (G)(2) and (3) of that~~	4495
~~section applies,~~ or 4510.21 of the Revised Code or if division	4496
~~(F)~~(E) of section 4507.164 of the Revised Code applies, the trial	4497
judge of any court, in addition to or independent of any other	4498
penalties provided by law or ordinance, may impound the	4499
identification license plates of any motor vehicle registered in	4500
the name of the person. ~~If a person is convicted of a violation of~~	4501
~~section 4510.16 of the Revised Code and division (G)(1) of that~~	4502
~~section applies, the trial judge of any court, in addition to or~~	4503
~~independent of any other penalties provided by law or ordinance,~~	4504
~~may impound the identification license plates of any motor vehicle~~	4505
~~registered in the name of the person.~~ The court shall send the	4506
impounded license plates to the registrar, who may retain the	4507
license plates until the driver's or commercial driver's license	4508
of the owner has been reinstated or destroy them pursuant to	4509
section 4503.232 of the Revised Code.	4510

If the license plates of a person convicted of a violation of	4511
any provision of those sections have been impounded in accordance	4512
with the provisions of this division, the court shall notify the	4513
registrar of that action. The notice shall contain the name and	4514
address of the driver, the serial number of the driver's or	4515
commercial driver's license, the serial numbers of the license	4516
plates of the motor vehicle, and the length of time for which the	4517
license plates have been impounded. The registrar shall record the	4518
data in the notice as part of the driver's permanent record.	4519

(2) Any motor vehicle owner who has had the license plates of	4520
a motor vehicle impounded pursuant to division (B)(1) of this	4521
section may apply to the registrar, or to a deputy registrar, for	4522
restricted license plates that shall conform to the requirements	4523
of section 4503.231 of the Revised Code. The registrar or deputy	4524
registrar forthwith shall notify the court of the application and,	4525
upon approval of the court, shall issue restricted license plates	4526
to the applicant. Until the driver's or commercial driver's	4527
license of the owner is reinstated, any new license plates issued	4528
to the owner also shall conform to the requirements of section	4529
4503.231 of the Revised Code.	4530

The registrar or deputy registrar shall charge the owner of a	4531
vehicle the fees provided in section 4503.19 of the Revised Code	4532
for restricted license plates that are issued in accordance with	4533
this division, except upon renewal as specified in section 4503.10	4534
of the Revised Code, when the regular fee as provided in section	4535
4503.04 of the Revised Code shall be charged. The registrar or	4536
deputy registrar shall charge the owner of a vehicle the fees	4537
provided in section 4503.19 of the Revised Code whenever	4538
restricted license plates are exchanged, by reason of the	4539
reinstatement of the driver's or commercial driver's license of	4540
the owner, for those ordinarily issued.	4541

(3) If an owner wishes to sell a motor vehicle during the	4542
time the restricted license plates provided under division (B)(2)	4543
of this section are in use, the owner may apply to the court that	4544
impounded the license plates of the motor vehicle for permission	4545
to transfer title to the motor vehicle. If the court is satisfied	4546
that the sale will be made in good faith and not for the purpose	4547
of circumventing the provisions of this section, it may certify	4548
its consent to the owner and to the registrar of motor vehicles	4549
who shall enter notice of the transfer of the title of the motor	4550
vehicle in the vehicle registration record.	4551

If, during the time the restricted license plates provided	4552
under division (B)(2) of this section are in use, the title to a	4553
motor vehicle is transferred by the foreclosure of a chattel	4554
mortgage, a sale upon execution, the cancellation of a conditional	4555
sales contract, or by order of a court, the court shall notify the	4556
registrar of the action and the registrar shall enter notice of	4557
the transfer of the title to the motor vehicle in the vehicle	4558
registration record.	4559

(C) This section is not intended to change or modify any	4560
provision of Chapter 4503. of the Revised Code with respect to the	4561
taxation of motor vehicles or the time within which the taxes on	4562
motor vehicles shall be paid.	4563

Sec. 4507.164. (A) Except as provided in divisions (C) to	4564
(E) of this section, when the license of any person is suspended	4565
pursuant to any provision of the Revised Code other than division	4566
(G) of section 4511.19 of the Revised Code and other than section	4567
4510.07 of the Revised Code for a violation of a municipal OVI	4568
ordinance, the trial judge may impound the identification license	4569
plates of any motor vehicle registered in the name of the person.	4570

(B)(1) When the license of any person is suspended pursuant	4571
to division (G)(1)(a) of section 4511.19 of the Revised Code, or	4572
pursuant to section 4510.07 of the Revised Code for a municipal	4573
OVI offense when the suspension is equivalent in length to the	4574
suspension under division (G) of section 4511.19 of the Revised	4575
Code that is specified in this division, the trial judge of the	4576
court of record or the mayor of the mayor's court that suspended	4577
the license may impound the identification license plates of any	4578
motor vehicle registered in the name of the person.	4579

(2) When the license of any person is suspended pursuant to	4580
division (G)(1)(b) of section 4511.19 of the Revised Code, or	4581
pursuant to section 4510.07 of the Revised Code for a municipal	4582
OVI offense when the suspension is equivalent in length to the	4583
suspension under division (G) of section 4511.19 of the Revised	4584
Code that is specified in this division, the trial judge of the	4585
court of record that suspended the license shall order the	4586
impoundment of the identification license plates of the motor	4587
vehicle the offender was operating at the time of the offense and	4588
the immobilization of that vehicle in accordance with section	4589
4503.233 and division (G)(1)(b) of section 4511.19 or division	4590
(C)(2)(a) of section 4511.193 of the Revised Code and may impound	4591
the identification license plates of any other motor vehicle	4592
registered in the name of the person whose license is suspended.	4593

(3) When the license of any person is suspended pursuant to	4594
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	4595
Code, or pursuant to section 4510.07 of the Revised Code for a	4596
municipal OVI offense when the suspension is equivalent in length	4597
to the suspension under division (G) of section 4511.19 of the	4598
Revised Code that is specified in this division, the trial judge	4599
of the court of record that suspended the license shall order the	4600
criminal forfeiture to the state of the motor vehicle the offender	4601
was operating at the time of the offense in accordance with	4602
section 4503.234 and division (G)(1)(c), (d), or (e) of section	4603
4511.19 or division (C)(2)(b) of section 4511.193 of the Revised	4604
Code and may impound the identification license plates of any	4605
other motor vehicle registered in the name of the person whose	4606
license is suspended.	4607

(C)(1) When a person is convicted of or pleads guilty to a	4608
violation of section 4510.14 of the Revised Code or a	4609
substantially equivalent municipal ordinance and division (B)(1)	4610
or (2) of section 4510.14 or division ~~(C)~~(B)(1) or (2) of section	4611
4510.161 of the Revised Code applies, the trial judge of the court	4612
of record or the mayor of the mayor's court that imposes sentence	4613
shall order the immobilization of the vehicle the person was	4614
operating at the time of the offense and the impoundment of its	4615
identification license plates in accordance with section 4503.233	4616
and division (B)(1) or (2) of section 4510.14 or division	4617
~~(C)~~(B)(1) or (2) of section 4510.161 of the Revised Code and may	4618
impound the identification license plates of any other vehicle	4619
registered in the name of that person.	4620

(2) When a person is convicted of or pleads guilty to a	4621
violation of section 4510.14 of the Revised Code or a	4622
substantially equivalent municipal ordinance and division (B)(3)	4623
of section 4510.14 or division ~~(C)~~(B)(3) of section 4510.161 of	4624
the Revised Code applies, the trial judge of the court of record	4625
that imposes sentence shall order the criminal forfeiture to the	4626
state of the vehicle the person was operating at the time of the	4627
offense in accordance with section 4503.234 and division (B)(3) of	4628
section 4510.14 or division ~~(C)~~(B)(3) of section 4510.161 of the	4629
Revised Code and may impound the identification license plates of	4630
any other vehicle registered in the name of that person.	4631

(D) ~~When a person is convicted of or pleads guilty to a~~	4632
~~violation of division (A) of section 4510.16 of the Revised Code~~	4633
~~or a substantially equivalent municipal ordinance, division (D) or~~	4634
~~(G) of section 4510.16 or division (B) of section 4510.161 of the~~	4635
~~Revised Code applies in determining whether the immobilization of~~	4636
~~the vehicle the person was operating at the time of the offense~~	4637
~~and the impoundment of its identification license plates or the~~	4638
~~criminal forfeiture to the state of the vehicle the person was~~	4639
~~operating at the time of the offense is authorized or required.~~	4640
~~The trial judge of the court of record or the mayor of the mayor's~~	4641
~~court that imposes sentence may impound the identification license~~	4642
~~plates of any other vehicle registered in the name of that person.~~	4643

~~(E)~~(1) When a person is convicted of or pleads guilty to a	4644
violation of section 4511.203 of the Revised Code and the person	4645
is sentenced pursuant to division (C)(3)(a) or (b) of section	4646
4511.203 of the Revised Code, the trial judge of the court of	4647
record or the mayor of the mayor's court that imposes sentence	4648
shall order the immobilization of the vehicle that was involved in	4649
the commission of the offense and the impoundment of its	4650
identification license plates in accordance with division	4651
(C)(3)(a) or (b) of section 4511.203 and section 4503.233 of the	4652
Revised Code and may impound the identification license plates of	4653
any other vehicle registered in the name of that person.	4654

(2) When a person is convicted of or pleads guilty to a	4655
violation of section 4511.203 of the Revised Code and the person	4656
is sentenced pursuant to division (C)(3)(c) of section 4511.203 of	4657
the Revised Code, the trial judge of the court of record or the	4658
mayor of the mayor's court that imposes sentence shall order the	4659
criminal forfeiture to the state of the vehicle that was involved	4660
in the commission of the offense in accordance with division	4661
(C)(3)(c) of section 4511.203 and section 4503.234 of the Revised	4662
Code and may impound the identification license plates of any	4663
other vehicle registered in the name of that person.	4664

~~(F)~~(E) Except as provided in section 4503.233 or 4503.234 of	4665
the Revised Code, when the certificate of registration, the	4666
identification license plates, or both have been impounded,	4667
division (B) of section 4507.02 of the Revised Code is applicable.	4668

~~(G)~~(F) As used in this section, "municipal OVI offense" has	4669
the same meaning as in section 4511.181 of the Revised Code.	4670

Sec. 4509.06. (A) The driver of any motor vehicle which is	4671
in any manner involved in a motor vehicle accident within six	4672
months of the accident may forward a written report of the	4673
accident to the registrar of motor vehicles on a form prescribed	4674
by the registrar alleging that a driver or owner of any other	4675
vehicle involved in the accident was uninsured at the time of the	4676
accident.	4677

(B) Upon receipt of the accident report, the registrar shall	4678
send a notice by regular mail to the driver and owner alleged to	4679
be uninsured requiring the person to give evidence that the person	4680
had proof of financial responsibility in effect at the time of the	4681
accident.	4682

(C) Within thirty days after the mailing of the notice by the	4683
registrar, the driver of the vehicle alleged to be uninsured shall	4684
forward a report together with acceptable proof of financial	4685
responsibility to the registrar in a form prescribed by the	4686
registrar. The forwarding of the report by the owner of the motor	4687
vehicle involved in the accident is deemed compliance with this	4688
section by the driver. This section does not change or modify the	4689
duties of the driver or operator of a motor vehicle as set forth	4690
in section 4549.02 of the Revised Code.	4691

~~(D) In accordance with sections 4509.01 to 4509.78 of the~~	4692
~~Revised Code, the registrar shall suspend the license of any~~	4693
~~person who fails to give acceptable proof of financial~~	4694
~~responsibility as required in this section.~~	4695

Sec. 4509.101. (A)(1) No person shall operate, or permit the	4696
operation of, a motor vehicle in this state, unless proof of	4697
financial responsibility is maintained continuously throughout the	4698
registration period with respect to that vehicle, or, in the case	4699
of a driver who is not the owner, with respect to that driver's	4700
operation of that vehicle.	4701

(2) Whoever violates division (A)(1) of this section shall be	4702
subject to the following civil penalties:	4703

(a) Subject to divisions (A)(2)(b) and (c) of this section, a	4704
class E suspension of the person's driver's license, commercial	4705
driver's license, temporary instruction permit, probationary	4706
license, or nonresident operating privilege for the period of time	4707
specified in division (B)(5) of section 4510.02 of the Revised	4708
Code and impoundment of the person's license. The court may grant	4709
limited driving privileges to the person only if the person	4710
presents proof of financial responsibility and has complied with	4711
division (A)(5) of this section.	4712

(b) If, within five years of the violation, the person's	4713
operating privileges are again suspended and the person's license	4714
again is impounded for a violation of division (A)(1) of this	4715
section, a class C suspension of the person's driver's license,	4716
commercial driver's license, temporary instruction permit,	4717
probationary license, or nonresident operating privilege for the	4718
period of time specified in division (B)(3) of section 4510.02 of	4719
the Revised Code. The court may grant limited driving privileges	4720
to the person only if the person presents proof of financial	4721
responsibility and has complied with division (A)(5) of this	4722
section, and no court may grant limited driving privileges for the	4723
first fifteen days of the suspension.	4724

(c) If, within five years of the violation, the person's	4725
operating privileges are suspended and the person's license is	4726
impounded two or more times for a violation of division (A)(1) of	4727
this section, a class B suspension of the person's driver's	4728
license, commercial driver's license, temporary instruction	4729
permit, probationary license, or nonresident operating privilege	4730
for the period of time specified in division (B)(2) of section	4731
4510.02 of the Revised Code. NoThe court may grant limited	4732
driving privileges to the person only if the person presents proof	4733
of financial responsibility and has complied with division (A)(5)	4734
of this section, except that no court may grant limited driving	4735
privileges ~~during~~for the first thirty days of the suspension.	4736

(d) In addition to the suspension of an owner's license under	4737
division (A)(2)(a), (b), or (c) of this section, the suspension of	4738
the rights of the owner to register the motor vehicle and the	4739
impoundment of the owner's certificate of registration and license	4740
plates until the owner complies with division (A)(5) of this	4741
section.	4742

(3) A person to whom this state has issued a certificate of	4743
registration for a motor vehicle or a license to operate a motor	4744
vehicle or who is determined to have operated any motor vehicle or	4745
permitted the operation in this state of a motor vehicle owned by	4746
the person shall be required to verify the existence of proof of	4747
financial responsibility covering the operation of the motor	4748
vehicle or the person's operation of the motor vehicle under any	4749
of the following circumstances:	4750

(a) The person or a motor vehicle owned by the person is	4751
involved in a traffic accident that requires the filing of an	4752
accident report under section 4509.06 of the Revised Code.	4753

(b) The person receives a traffic ticket indicating that	4754
proof of the maintenance of financial responsibility was not	4755
produced upon the request of a peace officer or state highway	4756
patrol trooper made in accordance with division (D)(2) of this	4757
section.	4758

(c) Whenever, in accordance with rules adopted by the	4759
registrar, the person is randomly selected by the registrar and	4760
requested to provide such verification.	4761

(4) An order of the registrar that suspends and impounds a	4762
license or registration, or both, shall state the date on or	4763
before which the person is required to surrender the person's	4764
license or certificate of registration and license plates. The	4765
person is deemed to have surrendered the license or certificate of	4766
registration and license plates, in compliance with the order, if	4767
the person does either of the following:	4768

(a) On or before the date specified in the order, personally	4769
delivers the license or certificate of registration and license	4770
plates, or causes the delivery of the items, to the registrar;	4771

(b) Mails the license or certificate of registration and	4772
license plates to the registrar in an envelope or container	4773
bearing a postmark showing a date no later than the date specified	4774
in the order.	4775

(5) Except as provided in division (A)(6) or (L) of this	4776
section, the registrar shall not restore any operating privileges	4777
or registration rights suspended under this section, return any	4778
license, certificate of registration, or license plates impounded	4779
under this section, or reissue license plates under section	4780
4503.232 of the Revised Code, if the registrar destroyed the	4781
impounded license plates under that section, or reissue a license	4782
under section 4510.52 of the Revised Code, if the registrar	4783
destroyed the suspended license under that section, unless the	4784
rights are not subject to suspension or revocation under any other	4785
law and unless the person, in addition to complying with all other	4786
conditions required by law for reinstatement of the operating	4787
privileges or registration rights, complies with all of the	4788
following:	4789

(a) Pays to the registrar or an eligible deputy registrar a	4790
financial responsibility reinstatement fee of one hundred dollars	4791
for the first violation of division (A)(1) of this section, three	4792
hundred dollars for a second violation of that division, and six	4793
hundred dollars for a third or subsequent violation of that	4794
division;	4795

(b) If the person has not voluntarily surrendered the	4796
license, certificate, or license plates in compliance with the	4797
order, pays to the registrar or an eligible deputy registrar a	4798
financial responsibility nonvoluntary compliance fee in an amount,	4799
not to exceed fifty dollars, determined by the registrar;	4800

(c) Files and continuously maintains proof of financial	4801
responsibility under sections 4509.44 to 4509.65 of the Revised	4802
Code;	4803

(d) Pays a deputy registrar a service fee of ten dollars to	4804
compensate the deputy registrar for services performed under this	4805
section. The deputy registrar shall retain eight dollars of the	4806
service fee and shall transmit the reinstatement fee, any	4807
nonvoluntary compliance fee, and two dollars of the service fee to	4808
the registrar in the manner the registrar shall determine.	4809

(6) If the registrar issues an order under division (A)(2) of	4810
this section resulting from the failure of a person to respond to	4811
a financial responsibility random verification request under	4812
division (A)(3)(c) of this section and the person successfully	4813
maintains an affirmative defense to a violation of section 4510.16	4814
of the Revised Code or is determined by the registrar or a deputy	4815
registrar to have been in compliance with division (A)(1) of this	4816
section at the time of the initial financial responsibility random	4817
verification request, the registrar shall do both of the	4818
following:	4819

(a) Terminate the order of suspension or impoundment;

4820

(b) Restore the operating privileges and registration rights	4821
of the person without payment of the fees established in divisions	4822
(A)(5)(a) and (b) of this section and without a requirement to	4823
file proof of financial responsibility.	4824

(B)(1) Every party required to file an accident report under	4825
section 4509.06 of the Revised Code also shall include with the	4826
report a document described in division (G)(1) of this section.	4827

If the registrar determines, within forty-five days after the	4828
report is filed, that an operator or owner has violated division	4829
(A)(1) of this section, the registrar shall do all of the	4830
following:	4831

(a) Order the impoundment, with respect to the motor vehicle	4832
involved, required under division (A)(2)(d) of this section, of	4833
the certificate of registration and license plates of any owner	4834
who has violated division (A)(1) of this section;	4835

(b) Order the suspension required under division (A)(2)(a),	4836
(b), or (c) of this section of the license of any operator or	4837
owner who has violated division (A)(1) of this section;	4838

(c) Record the name and address of the person whose	4839
certificate of registration and license plates have been impounded	4840
or are under an order of impoundment, or whose license has been	4841
suspended or is under an order of suspension; the serial number of	4842
the person's license; the serial numbers of the person's	4843
certificate of registration and license plates; and the person's	4844
social security account number, if assigned, or, where the motor	4845
vehicle is used for hire or principally in connection with any	4846
established business, the person's federal taxpayer identification	4847
number. The information shall be recorded in such a manner that it	4848
becomes a part of the person's permanent record, and assists the	4849
registrar in monitoring compliance with the orders of suspension	4850
or impoundment.	4851

(d) Send written notification to every person to whom the	4852
order pertains, at the person's last known address as shown on the	4853
records of the bureau. The person, within ten days after the date	4854
of the mailing of the notification, shall surrender to the	4855
registrar, in a manner set forth in division (A)(4) of this	4856
section, any certificate of registration and registration plates	4857
under an order of impoundment, or any license under an order of	4858
suspension.	4859

(2) The registrar shall issue any order under division (B)(1)	4860
of this section without a hearing. Any person adversely affected	4861
by the order, within ten days after the issuance of the order, may	4862
request an administrative hearing before the registrar, who shall	4863
provide the person with an opportunity for a hearing in accordance	4864
with this paragraph. A request for a hearing does not operate as a	4865
suspension of the order. The scope of the hearing shall be limited	4866
to whether the person in fact demonstrated to the registrar proof	4867
of financial responsibility in accordance with this section. The	4868
registrar shall determine the date, time, and place of any	4869
hearing, provided that the hearing shall be held, and an order	4870
issued or findings made, within thirty days after the registrar	4871
receives a request for a hearing. If requested by the person in	4872
writing, the registrar may designate as the place of hearing the	4873
county seat of the county in which the person resides or a place	4874
within fifty miles of the person's residence. The person shall pay	4875
the cost of the hearing before the registrar, if the registrar's	4876
order of suspension or impoundment is upheld.	4877

(C) Any order of suspension or impoundment issued under this	4878
section or division (B) of section 4509.37 of the Revised Code may	4879
be terminated at any time if the registrar determines upon a	4880
showing of proof of financial responsibility that the operator or	4881
owner of the motor vehicle was in compliance with division (A)(1)	4882
of this section at the time of the traffic offense, motor vehicle	4883
inspection, or accident that resulted in the order against the	4884
person. A determination may be made without a hearing. This	4885
division does not apply unless the person shows good cause for the	4886
person's failure to present satisfactory proof of financial	4887
responsibility to the registrar prior to the issuance of the	4888
order.	4889

(D)(1) For the purpose of enforcing this section, every peace	4890
officer is deemed an agent of the registrar.	4891

(a) Except as provided in division (D)(1)(b) of this section,	4892
any peace officer who, in the performance of the peace officer's	4893
duties as authorized by law, becomes aware of a person whose	4894
license is under an order of suspension, or whose certificate of	4895
registration and license plates are under an order of impoundment,	4896
pursuant to this section, may confiscate the license, certificate	4897
of registration, and license plates, and return them to the	4898
registrar.	4899

(b) Any peace officer who, in the performance of the peace	4900
officer's duties as authorized by law, becomes aware of a person	4901
whose license is under an order of suspension, or whose	4902
certificate of registration and license plates are under an order	4903
of impoundment resulting from failure to respond to a financial	4904
responsibility random verification, shall not, for that reason,	4905
arrest the owner or operator or seize the vehicle or license	4906
plates. Instead, the peace officer shall issue a citation for a	4907
violation of section 4510.16 of the Revised Code specifying the	4908
circumstances as failure to respond to a financial responsibility	4909
random verification.	4910

(2) A peace officer shall request the owner or operator of a	4911
motor vehicle to produce proof of financial responsibility in a	4912
manner described in division (G) of this section at the time the	4913
peace officer acts to enforce the traffic laws of this state and	4914
during motor vehicle inspections conducted pursuant to section	4915
4513.02 of the Revised Code.	4916

(3) A peace officer shall indicate on every traffic ticket	4917
whether the person receiving the traffic ticket produced proof of	4918
the maintenance of financial responsibility in response to the	4919
officer's request under division (D)(2) of this section. The peace	4920
officer shall inform every person who receives a traffic ticket	4921
and who has failed to produce proof of the maintenance of	4922
financial responsibility that the person must submit proof to the	4923
traffic violations bureau with any payment of a fine and costs for	4924
the ticketed violation or, if the person is to appear in court for	4925
the violation, the person must submit proof to the court.	4926

(4)(a) If a person who has failed to produce proof of the	4927
maintenance of financial responsibility appears in court for a	4928
ticketed violation, the court may permit the defendant to present	4929
evidence of proof of financial responsibility to the court at such	4930
time and in such manner as the court determines to be necessary or	4931
appropriate. In a manner prescribed by the registrar, the clerk of	4932
courts shall provide the registrar with the identity of any person	4933
who fails to submit proof of the maintenance of financial	4934
responsibility pursuant to division (D)(3) of this section.	4935

(b) If a person who has failed to produce proof of the	4936
maintenance of financial responsibility also fails to submit that	4937
proof to the traffic violations bureau with payment of a fine and	4938
costs for the ticketed violation, the traffic violations bureau,	4939
in a manner prescribed by the registrar, shall notify the	4940
registrar of the identity of that person.	4941

(5)(a) Upon receiving notice from a clerk of courts or	4942
traffic violations bureau pursuant to division (D)(4) of this	4943
section, the registrar shall order the suspension of the license	4944
of the person required under division (A)(2)(a), (b), or (c) of	4945
this section and the impoundment of the person's certificate of	4946
registration and license plates required under division (A)(2)(d)	4947
of this section, effective thirty days after the date of the	4948
mailing of notification. The registrar also shall notify the	4949
person that the person must present the registrar with proof of	4950
financial responsibility in accordance with this section,	4951
surrender to the registrar the person's certificate of	4952
registration, license plates, and license, or submit a statement	4953
subject to section 2921.13 of the Revised Code that the person did	4954
not operate or permit the operation of the motor vehicle at the	4955
time of the offense. Notification shall be in writing and shall be	4956
sent to the person at the person's last known address as shown on	4957
the records of the bureau of motor vehicles. The person, within	4958
fifteen days after the date of the mailing of notification, shall	4959
present proof of financial responsibility, surrender the	4960
certificate of registration, license plates, and license to the	4961
registrar in a manner set forth in division (A)(4) of this	4962
section, or submit the statement required under this section	4963
together with other information the person considers appropriate.	4964

If the registrar does not receive proof or the person does	4965
not surrender the certificate of registration, license plates, and	4966
license, in accordance with this division, the registrar shall	4967
permit the order for the suspension of the license of the person	4968
and the impoundment of the person's certificate of registration	4969
and license plates to take effect.	4970

(b) In the case of a person who presents, within the	4971
fifteen-day period, documents to show proof of financial	4972
responsibility, the registrar shall terminate the order of	4973
suspension and the impoundment of the registration and license	4974
plates required under division (A)(2)(d) of this section and shall	4975
send written notification to the person, at the person's last	4976
known address as shown on the records of the bureau.	4977

(c) Any person adversely affected by the order of the	4978
registrar under division (D)(5)(a) or (b) of this section, within	4979
ten days after the issuance of the order, may request an	4980
administrative hearing before the registrar, who shall provide the	4981
person with an opportunity for a hearing in accordance with this	4982
paragraph. A request for a hearing does not operate as a	4983
suspension of the order. The scope of the hearing shall be limited	4984
to whether, at the time of the hearing, the person presents proof	4985
of financial responsibility covering the vehicle and whether the	4986
person is eligible for an exemption in accordance with this	4987
section or any rule adopted under it. The registrar shall	4988
determine the date, time, and place of any hearing; provided, that	4989
the hearing shall be held, and an order issued or findings made,	4990
within thirty days after the registrar receives a request for a	4991
hearing. If requested by the person in writing, the registrar may	4992
designate as the place of hearing the county seat of the county in	4993
which the person resides or a place within fifty miles of the	4994
person's residence. Such person shall pay the cost of the hearing	4995
before the registrar, if the registrar's order of suspension or	4996
impoundment under division (D)(5)(a) or (b) of this section is	4997
upheld.	4998

(6) A peace officer may charge an owner or operator of a	4999
motor vehicle with a violation of section 4510.16 of the Revised	5000
Code when the owner or operator fails to show proof of the	5001
maintenance of financial responsibility pursuant to a peace	5002
officer's request under division (D)(2) of this section, if a	5003
check of the owner or operator's driving record indicates that the	5004
owner or operator, at the time of the operation of the motor	5005
vehicle, is required to file and maintain proof of financial	5006
responsibility under section 4509.45 of the Revised Code for a	5007
previous violation of this chapter.	5008

(7) Any forms used by law enforcement agencies in	5009
administering this section shall be prescribed, supplied, and paid	5010
for by the registrar.	5011

(8) No peace officer, law enforcement agency employing a	5012
peace officer, or political subdivision or governmental agency	5013
that employs a peace officer shall be liable in a civil action for	5014
damages or loss to persons arising out of the performance of any	5015
duty required or authorized by this section.	5016

(9) As used in this division and divisions (E) and (G) of	5017
this section, "peace officer" has the meaning set forth in section	5018
2935.01 of the Revised Code.	5019

(E) All fees, except court costs, fees paid to a deputy	5020
registrar, and those portions of the financial responsibility	5021
reinstatement fees as otherwise specified in this division,	5022
collected under this section shall be paid into the state treasury	5023
to the credit of the financial responsibility compliance fund. The	5024
financial responsibility compliance fund shall be used exclusively	5025
to cover costs incurred by the bureau in the administration of	5026
this section and sections 4503.20, 4507.212, and 4509.81 of the	5027
Revised Code, and by any law enforcement agency employing any	5028
peace officer who returns any license, certificate of	5029
registration, and license plates to the registrar pursuant to	5030
division (C) of this section, except that the director of budget	5031
and management may transfer excess money from the financial	5032
responsibility compliance fund to the state bureau of motor	5033
vehicles fund if the registrar determines that the amount of money	5034
in the financial responsibility compliance fund exceeds the amount	5035
required to cover such costs incurred by the bureau or a law	5036
enforcement agency and requests the director to make the transfer.	5037

Of each financial responsibility reinstatement fee the	5038
registrar collects pursuant to division (A)(5)(a) of this section	5039
or receives from a deputy registrar under division (A)(5)(d) of	5040
this section, the registrar shall deposit twenty-five dollars of	5041
each one-hundred-dollar reinstatement fee, fifty dollars of each	5042
three-hundred-dollar reinstatement fee, and one hundred dollars of	5043
each six-hundred-dollar reinstatement fee into the state treasury	5044
to the credit of the indigent defense support fund created by	5045
section 120.08 of the Revised Code.	5046

All investment earnings of the financial responsibility	5047
compliance fund shall be credited to the fund.	5048

(F) Chapter 119. of the Revised Code applies to this section	5049
only to the extent that any provision in that chapter is not	5050
clearly inconsistent with this section.	5051

(G)(1) The registrar, court, traffic violations bureau, or	5052
peace officer may require proof of financial responsibility to be	5053
demonstrated by use of a standard form prescribed by the	5054
registrar. If the use of a standard form is not required, a person	5055
may demonstrate proof of financial responsibility under this	5056
section by presenting to the traffic violations bureau, court,	5057
registrar, or peace officer any of the following documents or a	5058
copy of the documents:	5059

(a) A financial responsibility identification card as	5060
provided in section 4509.103 of the Revised Code;	5061

(b) A certificate of proof of financial responsibility on a	5062
form provided and approved by the registrar for the filing of an	5063
accident report required to be filed under section 4509.06 of the	5064
Revised Code;	5065

(c) A policy of liability insurance, a declaration page of a	5066
policy of liability insurance, or liability bond, if the policy or	5067
bond complies with section 4509.20 or sections 4509.49 to 4509.61	5068
of the Revised Code;	5069

(d) A bond or certification of the issuance of a bond as	5070
provided in section 4509.59 of the Revised Code;	5071

(e) A certificate of deposit of money or securities as	5072
provided in section 4509.62 of the Revised Code;	5073

(f) A certificate of self-insurance as provided in section	5074
4509.72 of the Revised Code.	5075

(2) If a person fails to demonstrate proof of financial	5076
responsibility in a manner described in division (G)(1) of this	5077
section, the person may demonstrate proof of financial	5078
responsibility under this section by any other method that the	5079
court or the bureau, by reason of circumstances in a particular	5080
case, may consider appropriate.	5081

(3) A motor carrier certificated by the interstate commerce	5082
commission or by the public utilities commission may demonstrate	5083
proof of financial responsibility by providing a statement	5084
designating the motor carrier's operating authority and averring	5085
that the insurance coverage required by the certificating	5086
authority is in full force and effect.	5087

(4)(a) A finding by the registrar or court that a person is	5088
covered by proof of financial responsibility in the form of an	5089
insurance policy or surety bond is not binding upon the named	5090
insurer or surety or any of its officers, employees, agents, or	5091
representatives and has no legal effect except for the purpose of	5092
administering this section.	5093

(b) The preparation and delivery of a financial	5094
responsibility identification card or any other document	5095
authorized to be used as proof of financial responsibility under	5096
this division does not do any of the following:	5097

(i) Create any liability or estoppel against an insurer or	5098
surety, or any of its officers, employees, agents, or	5099
representatives;	5100

(ii) Constitute an admission of the existence of, or of any	5101
liability or coverage under, any policy or bond;	5102

(iii) Waive any defenses or counterclaims available to an	5103
insurer, surety, agent, employee, or representative in an action	5104
commenced by an insured or third-party claimant upon a cause of	5105
action alleged to have arisen under an insurance policy or surety	5106
bond or by reason of the preparation and delivery of a document	5107
for use as proof of financial responsibility.	5108

(c) Whenever it is determined by a final judgment in a	5109
judicial proceeding that an insurer or surety, which has been	5110
named on a document accepted by a court or the registrar as proof	5111
of financial responsibility covering the operation of a motor	5112
vehicle at the time of an accident or offense, is not liable to	5113
pay a judgment for injuries or damages resulting from such	5114
operation, the registrar, notwithstanding any previous contrary	5115
finding, shall forthwith suspend the operating privileges and	5116
registration rights of the person against whom the judgment was	5117
rendered as provided in division (A)(2) of this section.	5118

(H) In order for any document described in division (G)(1)(b)	5119
of this section to be used for the demonstration of proof of	5120
financial responsibility under this section, the document shall	5121
state the name of the insured or obligor, the name of the insurer	5122
or surety company, and the effective and expiration dates of the	5123
financial responsibility, and designate by explicit description or	5124
by appropriate reference all motor vehicles covered which may	5125
include a reference to fleet insurance coverage.	5126

(I) For purposes of this section, "owner" does not include a	5127
licensed motor vehicle leasing dealer as defined in section	5128
4517.01 of the Revised Code, but does include a motor vehicle	5129
renting dealer as defined in section 4549.65 of the Revised Code.	5130
Nothing in this section or in section 4509.51 of the Revised Code	5131
shall be construed to prohibit a motor vehicle renting dealer from	5132
entering into a contractual agreement with a person whereby the	5133
person renting the motor vehicle agrees to be solely responsible	5134
for maintaining proof of financial responsibility, in accordance	5135
with this section, with respect to the operation, maintenance, or	5136
use of the motor vehicle during the period of the motor vehicle's	5137
rental.	5138

(J) The purpose of this section is to require the maintenance	5139
of proof of financial responsibility with respect to the operation	5140
of motor vehicles on the highways of this state, so as to minimize	5141
those situations in which persons are not compensated for injuries	5142
and damages sustained in motor vehicle accidents. The general	5143
assembly finds that this section contains reasonable civil	5144
penalties and procedures for achieving this purpose.	5145

(K) Nothing in this section shall be construed to be subject	5146
to section 4509.78 of the Revised Code.	5147

(L)(1) The registrar may terminate any suspension imposed	5148
under this section and not require the owner to comply with	5149
divisions (A)(5)(a), (b), and (c) of this section if the registrar	5150
with or without a hearing determines that the owner of the vehicle	5151
has established by clear and convincing evidence that all of the	5152
following apply:	5153

(a) The owner customarily maintains proof of financial	5154
responsibility.	5155

(b) Proof of financial responsibility was not in effect for	5156
the vehicle on the date in question for one of the following	5157
reasons:	5158

(i) The vehicle was inoperable.

5159

(ii) The vehicle is operated only seasonally, and the date in	5160
question was outside the season of operation.	5161

(iii) A person other than the vehicle owner or driver was at	5162
fault for the lapse of proof of financial responsibility through	5163
no fault of the owner or driver.	5164

(iv) The lapse of proof of financial responsibility was	5165
caused by excusable neglect under circumstances that are not	5166
likely to recur and do not suggest a purpose to evade the	5167
requirements of this chapter.	5168

(2) The registrar may grant an owner or driver relief for a	5169
reason specified in division (L)(1)(b)(i) or (ii) of this section	5170
whenever the owner or driver is randomly selected to verify the	5171
existence of proof of financial responsibility for such a vehicle.	5172
However, the registrar may grant an owner or driver relief for a	5173
reason specified in division (L)(1)(b)(iii) or (iv) of this	5174
section only if the owner or driver has not previously been	5175
granted relief under division (L)(1)(b)(iii) or (iv) of this	5176
section.	5177

(M) The registrar shall adopt rules in accordance with	5178
Chapter 119. of the Revised Code that are necessary to administer	5179
and enforce this section. The rules shall include procedures for	5180
the surrender of license plates upon failure to maintain proof of	5181
financial responsibility and provisions relating to reinstatement	5182
of registration rights, acceptable forms of proof of financial	5183
responsibility, and verification of the existence of financial	5184
responsibility during the period of registration.	5185

Sec. 4510.10. (A) As used in this section, "reinstatement	5186
fees" means the fees that are required under section 4507.1612,	5187
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other	5188
provision of the Revised Code, or under a schedule established by	5189
the bureau of motor vehicles, in order to reinstate a driver's or	5190
commercial driver's license or permit or nonresident operating	5191
privilege of an offender under a suspension.	5192

(B) Reinstatement fees are those fees that compensate the	5193
bureau of motor vehicles for suspensions, cancellations, or	5194
disqualifications of a person's driving privileges and to	5195
compensate the bureau and other agencies in their administration	5196
of programs intended to reduce and eliminate threats to public	5197
safety through education, treatment, and other activities. The	5198
registrar of motor vehicles shall not reinstate a driver's or	5199
commercial driver's license or permit or nonresident operating	5200
privilege of a person until the person has paid all reinstatement	5201
fees and has complied with all conditions for each suspension,	5202
cancellation, or disqualification incurred by that person.	5203

(C) When a municipal court or county court determines in a	5204
pending case involving an offender that the offender cannot	5205
reasonably pay reinstatement fees due and owing by the offender	5206
relative to one or more suspensions that have been or will be	5207
imposed by the bureau of motor vehicles or by a court of this	5208
state, the court, by order, may undertake an installment payment	5209
plan or a payment extension plan for the payment of reinstatement	5210
fees due and owing to the bureau in that pending case. The court	5211
shall establish an installment payment plan or a payment extension	5212
plan under this division in accordance with the requirements of	5213
divisions (D)(1) and (2) of this section.	5214

(D) Independent of the provisions of division (C) of this	5215
section, an offender who cannot reasonably pay reinstatement fees	5216
due and owing by the offender relative to a suspension that has	5217
been imposed on the offender may file a petition in the municipal	5218
court, county court, or, if the person is under the age of	5219
eighteen, the juvenile division of the court of common pleas in	5220
whose jurisdiction the person resides or, if the person is not a	5221
resident of this state, in the Franklin county municipal court or	5222
juvenile division of the Franklin county court of common pleas for	5223
an order that does either of the following, in order of	5224
preference:	5225

(1) Establishes a reasonable payment plan of not less than	5226
fifty dollars per month, to be paid by the offender to the	5227
registrar of motor vehicles or an eligible deputy registrar, in	5228
all succeeding months until all reinstatement fees required of the	5229
offender are paid in full. If the person is making payments to a	5230
deputy registrar, the deputy registrar shall collect a service fee	5231
of ten dollars each time the deputy registrar collects a payment	5232
to compensate the deputy registrar for services performed under	5233
this section. The deputy registrar shall retain eight dollars of	5234
the service fee and shall transmit the reinstatement payments,	5235
plus two dollars of each service fee, to the registrar in the	5236
manner the registrar shall determine.	5237

(2) If the offender, but for the payment of the reinstatement	5238
fees, otherwise would be entitled to operate a vehicle in this	5239
state or to obtain reinstatement of the offender's operating	5240
privileges, permits the offender to operate a motor vehicle, as	5241
authorized by the court, until a future date upon which date all	5242
reinstatement fees must be paid in full. A payment extension	5243
granted under this division shall not exceed one hundred eighty	5244
days, and any operating privileges granted under this division	5245
shall be solely for the purpose of permitting the offender	5246
occupational or "family necessity" privileges in order to enable	5247
the offender to reasonably acquire the delinquent reinstatement	5248
fees due and owing.	5249

(E) If a municipal court, county court, or juvenile division	5250
enters an order of the type described in division (C) or division	5251
(D)(1) or (2) of this section, the court, at any time after the	5252
issuance of the order, may determine that a change of	5253
circumstances has occurred and may amend the order as justice	5254
requires, provided that the amended order also shall be an order	5255
that is permitted under division (C) or division (D)(1) or (2) of	5256
this section.	5257

(F) If a court enters an order of the type described in	5258
division (C), (D)(1), (D)(2), or (E) of this section, during the	5259
pendency of the order, the offender in relation to whom it applies	5260
is not subject to prosecution for failing to pay the reinstatement	5261
fees covered by the order.	5262

(G) In addition to divisions (A) to (F) of this section, the	5263
registrar, with the approval of the director of public safety and	5264
in accordance with Chapter 119. of the Revised Code, may adopt	5265
rules that permit a person to pay reinstatement fees in	5266
installments in accordance with this division. The rules may	5267
contain any of the following provisions:	5268

(1) A schedule establishing a minimum monthly payment amount;

5269

(2) If the person otherwise would have valid driving	5270
privileges but for the payment of the reinstatement fees, the	5271
registrar may record the person's driving privileges as "valid" so	5272
long as the person's installments are current.	5273

(3) If the person's installments are not current, the	5274
registrar may record the person's driving privileges as	5275
"suspended" or "failure to reinstate," as appropriate.	5276

(4) Any other provision the registrar reasonably may	5277
prescribe.	5278

(H) Reinstatement fees are debts that may be discharged in	5279
bankruptcy.	5280

Sec. 4510.11. (A) Except as provided in division (B) of this	5281
section and in sections 4510.111 and 4510.16 of the Revised Code,	5282
no person whose driver's or commercial driver's license or permit	5283
or nonresident operating privilege has been suspended under any	5284
provision of the Revised Code, other than Chapter 4509. of the	5285
Revised Code, or under any applicable law in any other	5286
jurisdiction in which the person's license or permit was issued,	5287
shall operate any motor vehicle upon the public roads and highways	5288
or upon any public or private property used by the public for	5289
purposes of vehicular travel or parking within this state during	5290
the period of suspension unless the person is granted limited	5291
driving privileges and is operating the vehicle in accordance with	5292
the terms of the limited driving privileges.	5293

(B) No person shall operate any motor vehicle upon a highway	5294
or any public or private property used by the public for purposes	5295
of vehicular travel or parking in this state in violation of any	5296
restriction of the person's driver's or commercial driver's	5297
license or permit imposed under division (D) of section 4506.10 or	5298
under section 4507.14 of the Revised Code.	5299

(C) Upon the request or motion of the prosecuting authority,	5300
a noncertified copy of the law enforcement automated data system	5301
report or a noncertified copy of a record of the registrar of	5302
motor vehicles that shows the name, date of birth, and social	5303
security number of a person charged with a violation of division	5304
(A) or (B) of this section may be admitted into evidence as	5305
prima-facie evidence that the license of the person was under	5306
suspension at the time of the alleged violation of division (A) of	5307
this section or the person operated a motor vehicle in violation	5308
of a restriction at the time of the alleged violation of division	5309
(B) of this section. The person charged with a violation of	5310
division (A) or (B) of this section may offer evidence to rebut	5311
this prima-facie evidence.	5312

(D)(1) Whoever violates division (A) or (B) of this section	5313
is guilty of a misdemeanor of the first degree. The court may	5314
impose upon the offender a class seven suspension of the	5315
offender's driver's license, commercial driver's license,	5316
temporary instruction permit, probationary license, or nonresident	5317
operating privilege from the range specified in division (A)(7) of	5318
section 4510.02 of the Revised Code.	5319

(2)(a) Except as provided in division (D)(2)(b) or (c) of	5320
this section, the court, in addition to any other penalty that it	5321
imposes on the offender and if the vehicle is registered in the	5322
offender's name and if, within three years of the offense, the	5323
offender previously has been convicted of or pleaded guilty to one	5324
violation of this section or section 4510.111 or 4510.16 of the	5325
Revised Code, or a substantially equivalent municipal ordinance,	5326
the court, in addition to or independent of any other sentence	5327
that it imposes upon the offender, may order the immobilization of	5328
the vehicle involved in the offense for thirty days and the	5329
impoundment of that vehicle's license plates for thirty days in	5330
accordance with section 4503.233 of the Revised Code.	5331

(b) If the vehicle is registered in the offender's name and	5332
if, within three years of the offense, the offender previously has	5333
been convicted of or pleaded guilty to two violations of this	5334
section, or any combination of two violations of this section or	5335
section 4510.111 or 4510.16 of the Revised Code, or of a	5336
substantially similar municipal ordinance, the court, in addition	5337
to any other sentence that it imposes on the offender, may order	5338
the immobilization of the vehicle involved in the offense for	5339
sixty days and the impoundment of that vehicle's license plates	5340
for sixty days in accordance with section 4503.233 of the Revised	5341
Code.	5342

(c)(i) If the vehicle is registered in the offender's name	5343
and if, within three years of the offense, the offender previously	5344
has been convicted of or pleaded guilty to three or more	5345
violations of this section, or any combination of three or more	5346
violations of this section or section 4510.111 or 4510.16 of the	5347
Revised Code, or of a substantially similar municipal ordinance,	5348
the court, in addition to any other sentence that it imposes on	5349
the offender, may order the criminal forfeiture of the vehicle	5350
involved in the offense to the state.	5351

(ii) If the vehicle is registered in the offender's name and	5352
if, at the time the offender violated division (A) of this	5353
section, the offender's driver's or commercial driver's license or	5354
permit or nonresident operating privilege was suspended under	5355
division (B)(2)(d) of section 2903.06 of the Revised Code, the	5356
court shall order the criminal forfeiture of the vehicle involved	5357
in the offense to the state.	5358

(E) Any order for immobilization and impoundment under this	5359
section shall be issued and enforced under sections 4503.233 and	5360
4507.02 of the Revised Code, as applicable. The court shall not	5361
release a vehicle from immobilization ordered under this section	5362
unless the court is presented with current proof of financial	5363
responsibility with respect to that vehicle.	5364

(F) Any order of criminal forfeiture under this section shall	5365
be issued and enforced under section 4503.234 of the Revised Code.	5366
Upon receipt of the copy of the order from the court, neither the	5367
registrar of motor vehicles nor a deputy registrar shall accept	5368
any application for the registration or transfer of registration	5369
of any motor vehicle owned or leased by the person named in the	5370
declaration of forfeiture. The period of registration denial shall	5371
be five years after the date of the order, unless, during that	5372
period, the court having jurisdiction of the offense that led to	5373
the order terminates the forfeiture and notifies the registrar of	5374
the termination. The registrar then shall take necessary measures	5375
to permit the person to register a vehicle owned or leased by the	5376
person or to transfer registration of the vehicle.	5377

(G) The offender shall provide the court with proof of	5378
financial responsibility as defined in section 4509.01 of the	5379
Revised Code. If the offender fails to provide that proof of	5380
financial responsibility, then, in addition to any other penalties	5381
provided by law, the court may order restitution pursuant to	5382
section 2929.28 of the Revised Code in an amount not exceeding	5383
five thousand dollars for any economic loss arising from an	5384
accident or collision that was the direct and proximate result of	5385
the offender's operation of the vehicle before, during, or after	5386
committing the offense for which the offender is sentenced under	5387
this section.	5388

Sec. 4510.111. (A) No person shall operate any motor vehicle	5389
upon a highway or any public or private property used by the	5390
public for purposes of vehicular travel or parking in this state	5391
whose driver's or commercial driver's license has been suspended	5392
pursuant to section 2151.354, 2151.87, 2935.27, 3123.58, 4301.99,	5393
4510.032, 4510.22, or 4510.33 of the Revised Code ~~for failing to~~	5394
~~appear in court or to pay a fine, resulting in license forfeiture~~.	5395

(B) ~~No person shall operate any motor vehicle upon a highway~~	5396
~~or any public or private property used by the public for purposes~~	5397
~~of vehicular travel or parking in this state whose driver's or~~	5398
~~commercial driver's license has been suspended pursuant to section~~	5399
~~3123.58 of the Revised Code for being in default in payment of~~	5400
~~child support.~~	5401

~~(C)~~ Upon the request or motion of the prosecuting authority,	5402
a noncertified copy of the law enforcement automated data system	5403
report or a noncertified copy of a record of the registrar of	5404
motor vehicles that shows the name, date of birth, and social	5405
security number of a person charged with a violation of division	5406
(A) ~~or (B)~~ of this section may be admitted into evidence as	5407
prima-facie evidence that the license of the person was under	5408
suspension at the time of the alleged violation of division (A) or	5409
~~(B)~~ of this section. The person charged with a violation of	5410
division (A) ~~or (B)~~ of this section may offer evidence to rebut	5411
this prima-facie evidence.	5412

~~(D) Whoever~~(C) Except as otherwise provided in this	5413
division, whoever violates division (A) ~~or (B)~~ of this section is	5414
guilty of driving under suspension, and ~~shall be punished as~~	5415
~~provided in division (D) of this section.~~	5416

~~(1) Except as otherwise provided in division (D)(2) of this~~	5417
~~section,~~ the offense is ~~an unclassified~~a minor misdemeanor. ~~The~~	5418
~~offender shall be sentenced pursuant to sections 2929.21 to~~	5419
~~2929.28 of the Revised Code, except that the offender shall not be~~	5420
~~sentenced to a jail term; the offender shall not be sentenced to a~~	5421
~~community residential sanction pursuant to section 2929.26 of the~~	5422
~~Revised Code; notwithstanding division (A)(2)(a) of section~~	5423
~~2929.28 of the Revised Code, the offender may be fined up to one~~	5424
~~thousand dollars; and, notwithstanding division (A)(3) of section~~	5425
~~2929.27 of the Revised Code, the offender may be ordered pursuant~~	5426
~~to division (C) of that section to serve a term of community~~	5427
~~service of up to five hundred hours. The failure of an offender to~~	5428
~~complete a term of community service imposed by the court may be~~	5429
~~punished as indirect criminal contempt under division (A) of~~	5430
~~section 2705.02 of the Revised Code that may be filed in the~~	5431
~~underlying case.~~	5432

~~(2)~~ If, within three years of the offense, the offender	5433
previously was convicted of or pleaded guilty to two or more	5434
violations of division (A) ~~or (B)~~ of this section, or any	5435
combination of two or more violations of division (A) ~~or (B~~) of	5436
this section or section 4510.11 or 4510.16 of the Revised Code, or	5437
a substantially equivalent municipal ordinance, the offense is a	5438
misdemeanor of the ~~first~~fourth degree. ~~The offender shall provide~~	5439
~~the court with proof of financial responsibility as defined in~~	5440
~~section 4509.01 of the Revised Code. If the offender fails to~~	5441
~~provide that proof of financial responsibility, then, in addition~~	5442
~~to any penalties provided by law, the court may order restitution~~	5443
~~pursuant to section 2929.28 of the Revised Code in an amount not~~	5444
~~exceeding five thousand dollars for any economic loss arising from~~	5445
~~an accident or collision that was the direct and proximate result~~	5446
~~of the offender's operation of the vehicle before, during, or~~	5447
~~after committing the offense for which the offender is sentenced~~	5448
~~under this section.~~	5449

~~(3) In all cases, the court may impose a class seven~~	5450
~~suspension of the offender's driver's or commercial driver's~~	5451
~~license or permit or nonresident operating privilege from the~~	5452
~~range of time specified in division (A)(7) of section 4507.02 of~~	5453
~~the Revised Code.~~	5454

~~(4)(a) In all cases, if the vehicle is registered in the~~	5455
~~offender's name and if, within three years of the offense, the~~	5456
~~offender previously has been convicted of or pleaded guilty to one~~	5457
~~violation of division (A) or (B) of this section or section~~	5458
~~4510.11 or 4510.16 of the Revised Code, or a substantially~~	5459
~~equivalent municipal ordinance, the court, in addition to any~~	5460
~~other sentence that it imposes upon the offender, may order the~~	5461
~~immobilization of the vehicle involved in the offense for thirty~~	5462
~~days and the impoundment of that vehicle's license plates for~~	5463
~~thirty days in accordance with section 4503.233 of the Revised~~	5464
~~Code.~~	5465

~~(b) In all cases, if the vehicle is registered in the~~	5466
~~offender's name and if, within three years of the offense, the~~	5467
~~offender previously has been convicted of or pleaded guilty to two~~	5468
~~violations of division (A) or (B) of this section, or any~~	5469
~~combination of two violations of division (A) or (B) of this~~	5470
~~section or section 4510.11 or 4510.16 of the Revised Code, or a~~	5471
~~substantially equivalent municipal ordinance, the court, in~~	5472
~~addition to any other sentence that it imposes upon the offender,~~	5473
~~may order the immobilization of the vehicle involved in the~~	5474
~~offense for sixty days and the impoundment of that vehicle's~~	5475
~~license plates for sixty days in accordance with section 4503.233~~	5476
~~of the Revised Code.~~	5477

~~(c) In all cases, if the vehicle is registered in the~~	5478
~~offender's name and if, within three years of the offense, the~~	5479
~~offender previously has been convicted of or pleaded guilty to~~	5480
~~three or more violations of this section, or any combination of~~	5481
~~three or more violations of this section or section 4510.11 or~~	5482
~~4510.16 of the Revised Code, or a substantially equivalent~~	5483
~~municipal ordinance, the court, in addition to any other sentence~~	5484
~~that it imposes upon the offender, may order the criminal~~	5485
~~forfeiture of the vehicle involved in the offense to the state.~~	5486

~~(E) An order for immobilization and impoundment under this~~	5487
~~section shall be issued and enforced under sections 4503.233 and~~	5488
~~4507.02 of the Revised Code, as applicable. The court shall not~~	5489
~~release a motor vehicle from immobilization ordered under this~~	5490
~~section unless the court is presented with current proof of~~	5491
~~financial responsibility with respect to that motor vehicle.~~	5492

~~(F) An order for criminal forfeiture under this section shall~~	5493
~~be issued and enforced under section 4503.234 of the Revised Code.~~	5494
~~Upon receipt of a copy of the order from the court, neither the~~	5495
~~registrar of motor vehicles nor a deputy registrar shall accept~~	5496
~~any application for the registration or transfer of registration~~	5497
~~of any motor vehicle owned or leased by the person named in the~~	5498
~~declaration of forfeiture. The period of registration denial shall~~	5499
~~be five years after the date of the order unless, during that~~	5500
~~period, the court having jurisdiction of the offense that led to~~	5501
~~the order terminates the forfeiture and notifies the registrar of~~	5502
~~the termination. The registrar then shall take the necessary~~	5503
~~measures to permit the person to register a vehicle owned or~~	5504
~~leased by the person or to transfer registration of the vehicle.~~	5505

Sec. 4510.16. (A) No person, whose driver's or commercial	5506
driver's license or temporary instruction permit or nonresident's	5507
operating privilege has been suspended or canceled pursuant to	5508
Chapter 4509. of the Revised Code, shall operate any motor vehicle	5509
within this state, or knowingly permit any motor vehicle owned by	5510
the person to be operated by another person in the state, during	5511
the period of the suspension or cancellation, except as	5512
specifically authorized by Chapter 4509. of the Revised Code. No	5513
person shall operate a motor vehicle within this state, or	5514
knowingly permit any motor vehicle owned by the person to be	5515
operated by another person in the state, during the period in	5516
which the person is required by section 4509.45 of the Revised	5517
Code to file and maintain proof of financial responsibility for a	5518
violation of section 4509.101 of the Revised Code, unless proof of	5519
financial responsibility is maintained with respect to that	5520
vehicle.	5521

(B) No person shall operate any motor vehicle upon a highway	5522
or any public or private property used by the public for purposes	5523
of vehicular travel or parking in this state if the person's	5524
driver's or commercial driver's license or temporary instruction	5525
permit or nonresident operating privilege has been suspended	5526
pursuant to section 4509.37 or 4509.40 of the Revised Code for	5527
nonpayment of a judgment.	5528

(C) Upon the request or motion of the prosecuting authority,	5529
a noncertified copy of the law enforcement automated data system	5530
report or a noncertified copy of a record of the registrar of	5531
motor vehicles that shows the name, date of birth, and social	5532
security number of a person charged with a violation of division	5533
(A) or (B) of this section may be admitted into evidence as	5534
prima-facie evidence that the license of the person was under	5535
either a financial responsibility law suspension at the time of	5536
the alleged violation of division (A) of this section or a	5537
nonpayment of judgment suspension at the time of the alleged	5538
violation of division (B) of this section. The person charged with	5539
a violation of division (A) or (B) of this section may offer	5540
evidence to rebut this prima-facie evidence.	5541

(D) ~~Whoever~~(1) Except as otherwise provided in division	5542
(D)(1) of this section, whoever violates division (A) of this	5543
section is guilty of driving under financial responsibility law	5544
suspension or cancellation, and ~~shall be punished as provided in~~	5545
~~divisions (D) to (I) of this section. Whoever~~the offense is a	5546
minor misdemeanor. If, within three years of the offense, the	5547
offender previously was convicted of or pleaded guilty to two or	5548
more violations of this section, or any combination of two	5549
violations of this section or section 4510.11 or 4510.111 of the	5550
Revised Code, or a substantially equivalent municipal ordinance,	5551
the offense is a misdemeanor of the fourth degree.	5552

(2) Except as otherwise provided in division (D)(2) of this	5553
section, whoever violates division (B) of this section is guilty	5554
of driving under a nonpayment of judgment suspension, and ~~shall~~	5555
~~be punished as provided in divisions (D) to (I) of this section.~~	5556

~~(1) Except as otherwise provided in division (D)(2) of this~~	5557
~~section,~~ the offense is ~~an unclassified~~a minor misdemeanor. ~~When~~	5558
~~the offense is an unclassified misdemeanor, the offender shall be~~	5559
~~sentenced pursuant to sections 2929.21 to 2929.28 of the Revised~~	5560
~~Code, except that the offender shall not be sentenced to a jail~~	5561
~~term; the offender shall not be sentenced to a community~~	5562
~~residential sanction pursuant to section 2929.26 of the Revised~~	5563
~~Code; notwithstanding division (A)(2)(a) of section 2929.28 of the~~	5564
~~Revised Code, the offender may be fined up to one thousand~~	5565
~~dollars; and, notwithstanding division (A)(3) of section 2929.27~~	5566
~~of the Revised Code, the offender may be ordered pursuant to~~	5567
~~division (C) of that section to serve a term of community service~~	5568
~~of up to five hundred hours. The failure of an offender to~~	5569
~~complete a term of community service imposed by the court may be~~	5570
~~punished as indirect criminal contempt under division (A) of~~	5571
~~section 2705.02 of the Revised Code that may be filed in the~~	5572
~~underlying case.~~	5573

~~(2)~~ If, within three years of the offense, the offender	5574
previously was convicted of or pleaded guilty to two or more	5575
violations of this section, or any combination of two violations	5576
of this section or section 4510.11 or 4510.111 of the Revised	5577
Code, or a substantially equivalent municipal ordinance, the	5578
offense is a misdemeanor of the ~~first~~fourth degree.	5579

~~(E) The offender shall provide the court with proof of~~	5580
~~financial responsibility as defined in section 4509.01 of the~~	5581
~~Revised Code. If the offender fails to provide that proof of~~	5582
~~financial responsibility, then, in addition to any other penalties~~	5583
~~provided by law, the court may order restitution pursuant to~~	5584
~~section 2929.28 of the Revised Code in an amount not exceeding~~	5585
~~five thousand dollars for any economic loss arising from an~~	5586
~~accident or collision that was the direct and proximate result of~~	5587
~~the offender's operation of the vehicle before, during, or after~~	5588
~~committing the offense for which the offender is sentenced under~~	5589
~~this section.~~	5590

~~(F) The court may impose a class seven suspension of the~~	5591
~~offender's driver's or commercial driver's license or permit or~~	5592
~~nonresident operating privilege from the range of time specified~~	5593
~~in division (A)(7) of section 4510.02 of the Revised Code.~~	5594

~~(G)(1) If the vehicle is registered in the offender's name~~	5595
~~and if, within three years of the offense, the offender previously~~	5596
~~has been convicted of or pleaded guilty to one violation of~~	5597
~~division (A) or (B) of this section or section 4510.11 or 4510.111~~	5598
~~of the Revised Code or a substantially equivalent municipal~~	5599
~~ordinance, the court, in addition to or independent of any other~~	5600
~~sentence that it imposes upon the offender, may order the~~	5601
~~immobilization for thirty days of the vehicle involved in the~~	5602
~~offense and the impoundment for thirty days of the license plates~~	5603
~~of that vehicle in accordance with section 4503.233 of the Revised~~	5604
~~Code.~~	5605

~~(2) If the vehicle is registered in the offender's name and~~	5606
~~if, within three years of the offense, the offender has been~~	5607
~~convicted of or pleaded guilty to two violations of division (A)~~	5608
~~or (B) of this section or section 4510.11 or 4510.111 of the~~	5609
~~Revised Code, or any combination of two violations of this section~~	5610
~~or section 4510.11 or 4510.111 of the Revised Code, or a~~	5611
~~substantially similar municipal ordinance, the court, in addition~~	5612
~~to or independent of any other sentence that it imposes on the~~	5613
~~offender, may order the immobilization for sixty days of the~~	5614
~~vehicle involved in the offense and the impoundment for sixty days~~	5615
~~of the license plates of that vehicle in accordance with section~~	5616
~~4503.233 of the Revised Code.~~	5617

~~(3) If the vehicle is registered in the offender's name and~~	5618
~~if, within three years of the offense, the offender has been~~	5619
~~convicted of or pleaded guilty to three or more violations of this~~	5620
~~section or section 4510.11 or 4510.111 of the Revised Code, or any~~	5621
~~combination of three or more violations of this section or section~~	5622
~~4510.11 or 4510.111 of the Revised Code, or a substantially~~	5623
~~similar municipal ordinance, the court, in addition to or~~	5624
~~independent of any other sentence that it imposes upon the~~	5625
~~offender, may order the criminal forfeiture to the state of the~~	5626
~~vehicle involved in the offense. If title to a motor vehicle that~~	5627
~~is subject to an order for criminal forfeiture under this division~~	5628
~~is assigned or transferred and division (B)(2) or (3) of section~~	5629
~~4503.234 of the Revised Code applies, in addition to or~~	5630
~~independent of any other penalty established by law, the court may~~	5631
~~fine the offender the value of the vehicle as determined by~~	5632
~~publications of the national automobile dealers association. The~~	5633
~~proceeds from any fine so imposed shall be distributed in~~	5634
~~accordance with division (C)(2) of that section.~~	5635

~~(H) Any order for immobilization and impoundment under this~~	5636
~~section shall be issued and enforced in accordance with sections~~	5637
~~4503.233 and 4507.02 of the Revised Code, as applicable. The court~~	5638
~~shall not release a vehicle from immobilization ordered under this~~	5639
~~section unless the court is presented with current proof of~~	5640
~~financial responsibility with respect to that vehicle.~~	5641

~~(I) An order for criminal forfeiture under this section shall~~	5642
~~be issued and enforced under section 4503.234 of the Revised Code.~~	5643
~~Upon receipt of a copy of the order from the court, neither the~~	5644
~~registrar of motor vehicles nor a deputy registrar shall accept~~	5645
~~any application for the registration or transfer of registration~~	5646
~~of any motor vehicle owned or leased by the person named in the~~	5647
~~declaration of forfeiture. The period of registration denial shall~~	5648
~~be five years after the date of the order unless, during that~~	5649
~~period, the court having jurisdiction of the offense that led to~~	5650
~~the order terminates the forfeiture and notifies the registrar of~~	5651
~~the termination. The registrar then shall take the necessary~~	5652
~~measures to permit the person to register a vehicle owned or~~	5653
~~leased by the person or to transfer registration of the vehicle.~~	5654

Sec. 4510.161. (A) The requirements and sanctions imposed by	5655
divisions (B) and (C) of this section are an adjunct to and derive	5656
from the state's exclusive authority over the registration and	5657
titling of motor vehicles and do not comprise a part of the	5658
criminal sentence to be imposed upon a person who violates a	5659
municipal ordinance that is substantially equivalent to section	5660
4510.14 ~~or to division (A) of section 4510.16~~ of the Revised Code.	5661

(B) ~~If a person is convicted of or pleads guilty to a~~	5662
~~violation of a municipal ordinance that is substantially~~	5663
~~equivalent to division (A) of section 4510.16 of the Revised Code~~	5664
~~or former division (B)(1) of section 4507.02 of the Revised Code~~	5665
~~or a municipal ordinance that is substantially equivalent to~~	5666
~~either of those divisions, the court, in addition to or~~	5667
~~independent of any sentence that it imposes upon the offender for~~	5668
~~the offense, may do whichever of the following is applicable:~~	5669

~~(1) If the vehicle is registered in the offender's name and~~	5670
~~if, within three years of the current offense, the offender~~	5671
~~previously has been convicted of or pleaded guilty to one~~	5672
~~violation of this section or section 4510.11, 4510.111, or 4510.16~~	5673
~~of the Revised Code or a substantially equivalent municipal~~	5674
~~ordinance, the court, in addition to or independent of any other~~	5675
~~sentence that it imposes upon the offender, may order the~~	5676
~~immobilization of the vehicle involved in the offense for thirty~~	5677
~~days and the impoundment of that vehicle's license plates for~~	5678
~~thirty days in accordance with section 4503.233 of the Revised~~	5679
~~Code.~~	5680

~~(2) If the vehicle is registered in the offender's name and~~	5681
~~if, within three years of the current offense, the offender~~	5682
~~previously has been convicted of or pleaded guilty to two~~	5683
~~violations of this section or any combination of two violations of~~	5684
~~this section or section 4510.11, 4510.111, or 4510.16 of the~~	5685
~~Revised Code, or a substantially equivalent municipal ordinance,~~	5686
~~the court, in addition to or independent of any other sentence~~	5687
~~that it imposes upon the offender, may order the immobilization~~	5688
~~for sixty days of the vehicle involved in the offense and the~~	5689
~~impoundment of that vehicle's license plates for sixty days in~~	5690
~~accordance with section 4503.233 of the Revised Code.~~	5691

~~(3) If the vehicle is registered in the offender's name and~~	5692
~~if, within three years of the current offense, the offender~~	5693
~~previously has been convicted of or pleaded guilty to three or~~	5694
~~more violations of this section or any combination of three or~~	5695
~~more violations of this section or section 4510.11, 4510.111, or~~	5696
~~4510.16 of the Revised Code, or a substantially equivalent~~	5697
~~municipal ordinance, the court may order the criminal forfeiture~~	5698
~~to the state of the vehicle the offender was operating at the time~~	5699
~~of the offense. If title to a motor vehicle that is subject to an~~	5700
~~order for criminal forfeiture under this division is assigned or~~	5701
~~transferred and division (B)(2) or (3) of section 4503.234 of the~~	5702
~~Revised Code applies, in addition to or independent of any other~~	5703
~~penalty established by law, the court may fine the offender the~~	5704
~~value of the motor vehicle as determined by publications of the~~	5705
~~national automobile dealers association. The proceeds from any~~	5706
~~fine so imposed shall be distributed in accordance with division~~	5707
~~(C)(2) of that section.~~	5708

~~(C)~~ If a person is convicted of or pleads guilty to a	5709
violation of a municipal ordinance that is substantially	5710
equivalent to section 4510.14 of the Revised Code, the court, in	5711
addition to and independent of any sentence that it imposes upon	5712
the offender for the offense, if the vehicle the offender was	5713
operating at the time of the offense is registered in the	5714
offender's name, shall do whichever of the following is	5715
applicable:	5716

(1) If, within six years of the current offense, the offender	5717
has not been convicted of or pleaded guilty to a violation of	5718
section 4510.14 or former division (D)(2) of section 4507.02 of	5719
the Revised Code or a municipal ordinance that is substantially	5720
equivalent to that section or former division, the court shall	5721
order the immobilization for thirty days of the vehicle involved	5722
in the offense and the impoundment for thirty days of the license	5723
plates of that vehicle in accordance with section 4503.233 of the	5724
Revised Code.	5725

(2) If, within six years of the current offense, the offender	5726
has been convicted of or pleaded guilty to one violation of	5727
section 4510.14 or former division (D)(2) of section 4507.02 of	5728
the Revised Code or a municipal ordinance that is substantially	5729
equivalent to that section or former division, the court shall	5730
order the immobilization for sixty days of the vehicle involved in	5731
the offense and the impoundment for sixty days of the license	5732
plates of that vehicle in accordance with section 4503.233 of the	5733
Revised Code.	5734

(3) If, within six years of the current offense, the offender	5735
has been convicted of or pleaded guilty to two or more violations	5736
of section 4510.14 or former division (D)(2) of section 4507.02 of	5737
the Revised Code or a municipal ordinance that is substantially	5738
equivalent to that section or former division, the court shall	5739
order the criminal forfeiture to the state of the vehicle the	5740
offender was operating at the time of the offense.	5741

~~(D)~~(C) An order for immobilization and impoundment of a	5742
vehicle under this section shall be issued and enforced in	5743
accordance with sections 4503.233 and 4507.02 of the Revised Code,	5744
as applicable. The court shall not release a vehicle from	5745
immobilization ordered under this section unless the court is	5746
presented with current proof of financial responsibility with	5747
respect to that vehicle.	5748

~~(E)~~(D) An order for criminal forfeiture of a vehicle under	5749
this section shall be issued and enforced under section 4503.234	5750
of the Revised Code. Upon receipt of a copy of the order from the	5751
court, neither the registrar of motor vehicles nor a deputy	5752
registrar shall accept any application for the registration or	5753
transfer of registration of any motor vehicle owned or leased by	5754
the person named in the declaration of forfeiture. The period of	5755
registration denial shall be five years after the date of the	5756
order unless, during that period, the court having jurisdiction of	5757
the offense that led to the order terminates the forfeiture and	5758
notifies the registrar of the termination. The registrar then	5759
shall take the necessary measures to permit the person to register	5760
a vehicle owned or leased by the person or to transfer	5761
registration of the vehicle.	5762

Sec. 4510.41. (A) As used in this section:

5763

(1) "Arrested person" means a person who is arrested for a	5764
violation of section 4510.14~~, 4510.16,~~ or 4511.203 of the Revised	5765
Code, or a municipal ordinance that is substantially equivalent to	5766
~~any~~either of those sections, and whose arrest results in a	5767
vehicle being seized under division (B) of this section.	5768

(2) "Vehicle owner" means either of the following:

5769

(a) The person in whose name is registered, at the time of	5770
the seizure, a vehicle that is seized under division (B) of this	5771
section;	5772

(b) A person to whom the certificate of title to a vehicle	5773
that is seized under division (B) of this section has been	5774
assigned and who has not obtained a certificate of title to the	5775
vehicle in that person's name, but who is deemed by the court as	5776
being the owner of the vehicle at the time the vehicle was seized	5777
under division (B) of this section.	5778

(3) "Interested party" includes the owner of a vehicle seized	5779
under this section, all lienholders, the arrested person, the	5780
owner of the place of storage at which a vehicle seized under this	5781
section is stored, and the person or entity that caused the	5782
vehicle to be removed.	5783

(B)(1) If a person is arrested for a violation of section	5784
4510.14 or 4511.203 of the Revised Code or a municipal ordinance	5785
that is substantially equivalent to either of those sections ~~or if~~	5786
~~a person is arrested for a violation of section 4510.16 of the~~	5787
~~Revised Code or a municipal ordinance that is substantially~~	5788
~~equivalent to that section and if division (G)(2) of section~~	5789
~~4510.16 or division (B) of section 4510.161 of the Revised Code~~	5790
~~applies~~, the arresting officer or another officer of the law	5791
enforcement agency that employs the arresting officer, in addition	5792
to any action that the arresting officer is required or authorized	5793
to take by any other provision of law, shall seize the vehicle	5794
that the person was operating at the time of, or that was involved	5795
in, the alleged offense if the vehicle is registered in the	5796
arrested person's name and its license plates. A law enforcement	5797
agency that employs a law enforcement officer who makes an arrest	5798
of a type that is described in this division and that involves a	5799
rented or leased vehicle that is being rented or leased for a	5800
period of thirty days or less shall notify, within twenty-four	5801
hours after the officer makes the arrest, the lessor or owner of	5802
the vehicle regarding the circumstances of the arrest and the	5803
location at which the vehicle may be picked up. At the time of the	5804
seizure of the vehicle, the law enforcement officer who made the	5805
arrest shall give the arrested person written notice that the	5806
vehicle and its license plates have been seized; that the vehicle	5807
either will be kept by the officer's law enforcement agency or	5808
will be immobilized at least until the person's initial appearance	5809
on the charge of the offense for which the arrest was made; that,	5810
at the initial appearance, the court in certain circumstances may	5811
order that the vehicle and license plates be released to the	5812
arrested person until the disposition of that charge; that, if the	5813
arrested person is convicted of that charge, the court generally	5814
must order the immobilization of the vehicle and the impoundment	5815
of its license plates or the forfeiture of the vehicle; and that	5816
the arrested person may be charged expenses or charges incurred	5817
under this section and section 4503.233 of the Revised Code for	5818
the removal and storage of the vehicle.	5819

(2) The arresting officer or a law enforcement officer of the	5820
agency that employs the arresting officer shall give written	5821
notice of the seizure under division (B)(1) of this section to the	5822
court that will conduct the initial appearance of the arrested	5823
person on the charges arising out of the arrest. Upon receipt of	5824
the notice, the court promptly shall determine whether the	5825
arrested person is the vehicle owner. If the court determines that	5826
the arrested person is not the vehicle owner, it promptly shall	5827
send by regular mail written notice of the seizure to the	5828
vehicle's registered owner. The written notice shall contain all	5829
of the information required by division (B)(1) of this section to	5830
be in a notice to be given to the arrested person and also shall	5831
specify the date, time, and place of the arrested person's initial	5832
appearance. The notice also shall inform the vehicle owner that if	5833
title to a motor vehicle that is subject to an order for criminal	5834
forfeiture under this section is assigned or transferred and	5835
division (B)(2) or (3) of section 4503.234 of the Revised Code	5836
applies, the court may fine the arrested person the value of the	5837
vehicle. The notice also shall state that if the vehicle is	5838
immobilized under division (A) of section 4503.233 of the Revised	5839
Code, seven days after the end of the period of immobilization a	5840
law enforcement agency will send the vehicle owner a notice,	5841
informing the owner that if the release of the vehicle is not	5842
obtained in accordance with division (D)(3) of section 4503.233 of	5843
the Revised Code, the vehicle shall be forfeited. The notice also	5844
shall inform the vehicle owner that the owner may be charged	5845
expenses or charges incurred under this section and section	5846
4503.233 of the Revised Code for the removal and storage of the	5847
vehicle.	5848

The written notice that is given to the arrested person also	5849
shall state that if the person is convicted of or pleads guilty to	5850
the offense and the court issues an immobilization and impoundment	5851
order relative to that vehicle, division (D)(4) of section	5852
4503.233 of the Revised Code prohibits the vehicle from being sold	5853
during the period of immobilization without the prior approval of	5854
the court.	5855

(3) At or before the initial appearance, the vehicle owner	5856
may file a motion requesting the court to order that the vehicle	5857
and its license plates be released to the vehicle owner. Except as	5858
provided in this division and subject to the payment of expenses	5859
or charges incurred in the removal and storage of the vehicle, the	5860
court, in its discretion, then may issue an order releasing the	5861
vehicle and its license plates to the vehicle owner. Such an order	5862
may be conditioned upon such terms as the court determines	5863
appropriate, including the posting of a bond in an amount	5864
determined by the court. If the arrested person is not the vehicle	5865
owner and if the vehicle owner is not present at the arrested	5866
person's initial appearance, and if the court believes that the	5867
vehicle owner was not provided with adequate notice of the initial	5868
appearance, the court, in its discretion, may allow the vehicle	5869
owner to file a motion within seven days of the initial	5870
appearance. If the court allows the vehicle owner to file such a	5871
motion after the initial appearance, the extension of time granted	5872
by the court does not extend the time within which the initial	5873
appearance is to be conducted. If the court issues an order for	5874
the release of the vehicle and its license plates, a copy of the	5875
order shall be made available to the vehicle owner. If the vehicle	5876
owner presents a copy of the order to the law enforcement agency	5877
that employs the law enforcement officer who arrested the arrested	5878
person, the law enforcement agency promptly shall release the	5879
vehicle and its license plates to the vehicle owner upon payment	5880
by the vehicle owner of any expenses or charges incurred in the	5881
removal or storage of the vehicle.	5882

(4) A vehicle seized under division (B)(1) of this section	5883
either shall be towed to a place specified by the law enforcement	5884
agency that employs the arresting officer to be safely kept by the	5885
agency at that place for the time and in the manner specified in	5886
this section or shall be otherwise immobilized for the time and in	5887
the manner specified in this section. A law enforcement officer of	5888
that agency shall remove the identification license plates of the	5889
vehicle, and they shall be safely kept by the agency for the time	5890
and in the manner specified in this section. No vehicle that is	5891
seized and either towed or immobilized pursuant to this division	5892
shall be considered contraband for purposes of Chapter 2981. of	5893
the Revised Code. The vehicle shall not be immobilized at any	5894
place other than a commercially operated private storage lot, a	5895
place owned by a law enforcement or other government agency, or a	5896
place to which one of the following applies:	5897

(a) The place is leased by or otherwise under the control of	5898
a law enforcement or other government agency.	5899

(b) The place is owned by the arrested person, the arrested	5900
person's spouse, or a parent or child of the arrested person.	5901

(c) The place is owned by a private person or entity, and,	5902
prior to the immobilization, the private entity or person that	5903
owns the place, or the authorized agent of that private entity or	5904
person, has given express written consent for the immobilization	5905
to be carried out at that place.	5906

(d) The place is a public street or highway on which the	5907
vehicle is parked in accordance with the law.	5908

(C)(1) A vehicle seized under division (B)(1) of this section	5909
shall be safely kept at the place to which it is towed or	5910
otherwise moved by the law enforcement agency that employs the	5911
arresting officer until the initial appearance of the arrested	5912
person relative to the charge in question. The license plates of	5913
the vehicle that are removed pursuant to division (B)(1) of this	5914
section shall be safely kept by the law enforcement agency that	5915
employs the arresting officer until at least the initial	5916
appearance of the arrested person relative to the charge in	5917
question.	5918

(2)(a) At the initial appearance or not less than seven days	5919
prior to the date of final disposition, the court shall notify the	5920
arrested person that, if title to a motor vehicle that is subject	5921
to an order for criminal forfeiture under this section is assigned	5922
or transferred and division (B)(2) or (3) of section 4503.234 of	5923
the Revised Code applies, the court may fine the arrested person	5924
the value of the vehicle. If, at the initial appearance, the	5925
arrested person pleads guilty to the violation of section 4510.14,	5926
~~4510.16,~~ or 4511.203 of the Revised Code, or a municipal ordinance	5927
that is substantially equivalent to ~~any~~either of those sections	5928
or pleads no contest to and is convicted of the violation, the	5929
following sentencing provisions apply:	5930

(i) If the person violated section 4510.14 of the Revised	5931
Code or a municipal ordinance that is substantially equivalent to	5932
that section, the court shall impose sentence upon the person as	5933
provided by law or ordinance; the court shall order the	5934
immobilization of the vehicle the arrested person was operating at	5935
the time of, or that was involved in, the offense if registered in	5936
the arrested person's name and the impoundment of its license	5937
plates under sections 4503.233 and 4510.14 of the Revised Code or	5938
the criminal forfeiture to the state of the vehicle if registered	5939
in the arrested person's name under sections 4503.234 and 4510.14	5940
of the Revised Code, whichever is applicable; and the vehicle and	5941
its license plates shall not be returned or released to the	5942
arrested person.	5943

(ii) If the person violated section 4511.203 of the Revised	5944
Code or a municipal ordinance that is substantially equivalent to	5945
that section, ~~or violated section 4510.16 of the Revised Code or a~~	5946
~~municipal ordinance that is substantially equivalent to that~~	5947
~~section and division (G)(2) of section 4510.16 or division (B) of~~	5948
~~section 4510.161 of the Revised Code applies,~~ the court shall	5949
impose sentence upon the person as provided by law or ordinance;	5950
the court may order the immobilization of the vehicle the arrested	5951
person was operating at the time of, or that was involved in, the	5952
offense if registered in the arrested person's name and the	5953
impoundment of its license plates under section 4503.233 and	5954
section ~~4510.16, 4510.161, or~~ 4511.203 of the Revised Code or the	5955
criminal forfeiture to the state of the vehicle if registered in	5956
the arrested person's name under section 4503.234 and section	5957
~~4510.16, 4510.161, or~~ 4511.203 of the Revised Code, whichever is	5958
applicable; and the vehicle and its license plates shall not be	5959
returned or released to the arrested person.	5960

~~(ii) If the person violated section 4510.16 of the Revised~~	5961
~~Code or a municipal ordinance that is substantially equivalent to~~	5962
~~that section and division (G)(1) of section 4510.16 or division~~	5963
~~(B) of section 4510.161 applies, the court shall impose sentence~~	5964
~~upon the person as provided by law or ordinance and may order the~~	5965
~~immobilization of the vehicle the person was operating at the time~~	5966
~~of, or that was involved in, the offense if it is registered in~~	5967
~~the arrested person's name and the impoundment of its license~~	5968
~~plates under section 4503.233 and section 4510.16 or 4510.161 of~~	5969
~~the Revised Code, and the vehicle and its license plates shall not~~	5970
~~be returned or released to the arrested person.~~	5971

(b) If, at any time, the charge that the arrested person	5972
violated section 4510.14~~, 4510.16,~~ or 4511.203 of the Revised	5973
Code, or a municipal ordinance that is substantially equivalent to	5974
~~any~~either of those sections is dismissed for any reason, the	5975
court shall order that the vehicle seized at the time of the	5976
arrest and its license plates immediately be released to the	5977
person.	5978

(D) If a vehicle and its license plates are seized under	5979
division (B)(1) of this section and are not returned or released	5980
to the arrested person pursuant to division (C) of this section,	5981
the vehicle and its license plates shall be retained until the	5982
final disposition of the charge in question. Upon the final	5983
disposition of that charge, the court shall do whichever of the	5984
following is applicable:	5985

(1) If the arrested person is convicted of or pleads guilty	5986
to the violation of section 4510.14 of the Revised Code or a	5987
municipal ordinance that is substantially equivalent to that	5988
section, the court shall impose sentence upon the person as	5989
provided by law or ordinance and shall order the immobilization of	5990
the vehicle the person was operating at the time of, or that was	5991
involved in, the offense if it is registered in the arrested	5992
person's name and the impoundment of its license plates under	5993
sections 4503.233 and 4510.14 of the Revised Code or the criminal	5994
forfeiture of the vehicle if it is registered in the arrested	5995
person's name under sections 4503.234 and 4510.14 of the Revised	5996
Code, whichever is applicable.	5997

(2) If the arrested person is convicted of or pleads guilty	5998
to the violation of section 4511.203 of the Revised Code, or a	5999
municipal ordinance that is substantially equivalent to that	6000
section, ~~or to the violation of section 4510.16 of the Revised~~	6001
~~Code or a municipal ordinance that is substantially equivalent to~~	6002
~~that section and division (F)(2) of section 4510.16 or division~~	6003
~~(B) of section 4510.161 of the Revised Code applies,~~ the court	6004
shall impose sentence upon the person as provided by law or	6005
ordinance and may order the immobilization of the vehicle the	6006
person was operating at the time of, or that was involved in, the	6007
offense if it is registered in the arrested person's name and the	6008
impoundment of its license plates under section 4503.233 and	6009
section ~~4510.16, 4510.161, or~~ 4511.203 of the Revised Code or the	6010
criminal forfeiture of the vehicle if it is registered in the	6011
arrested person's name under section 4503.234 and section ~~4510.16,~~	6012
~~4510.161, or~~ 4511.203 of the Revised Code, whichever is	6013
applicable.	6014

~~(2) If the person violated section 4510.16 of the Revised~~	6015
~~Code or a municipal ordinance that is substantially equivalent to~~	6016
~~that section and division (G)(1) of section 4510.16 or division~~	6017
~~(B) of section 4510.161 applies, the court shall impose sentence~~	6018
~~upon the person as provided by law or ordinance and may order the~~	6019
~~immobilization of the vehicle the person was operating at the time~~	6020
~~of, or that was involved in, the offense if it is registered in~~	6021
~~the person's name and the impoundment of its license plates under~~	6022
~~section 4503.233 and section 4510.16 or 4510.161 of the Revised~~	6023
~~Code.~~	6024

(3) If the arrested person is found not guilty of the	6025
violation of section 4510.14~~, 4510.16,~~ or 4511.203 of the Revised	6026
Code, or a municipal ordinance that is substantially equivalent to	6027
~~any~~either of those sections, the court shall order that the	6028
vehicle and its license plates immediately be released to the	6029
arrested person.	6030

(4) If the charge that the arrested person violated section	6031
4510.14~~, 4510.16,~~ or 4511.203 of the Revised Code, or a municipal	6032
ordinance that is substantially equivalent to ~~any~~either of those	6033
sections is dismissed for any reason, the court shall order that	6034
the vehicle and its license plates immediately be released to the	6035
arrested person.	6036

(5) If the impoundment of the vehicle was not authorized	6037
under this section, the court shall order that the vehicle and its	6038
license plates be returned immediately to the arrested person or,	6039
if the arrested person is not the vehicle owner, to the vehicle	6040
owner and shall order that the state or political subdivision of	6041
the law enforcement agency served by the law enforcement officer	6042
who seized the vehicle pay all expenses and charges incurred in	6043
its removal and storage.	6044

(E) If a vehicle is seized under division (B)(2) of this	6045
section, the time between the seizure of the vehicle and either	6046
its release to the arrested person pursuant to division (C) of	6047
this section or the issuance of an order of immobilization of the	6048
vehicle under section 4503.233 of the Revised Code shall be	6049
credited against the period of immobilization ordered by the	6050
court.	6051

(F)(1) Except as provided in division (D)(4) of this section,	6052
the arrested person may be charged expenses or charges incurred in	6053
the removal and storage of the immobilized vehicle. The court with	6054
jurisdiction over the case, after notice to all interested	6055
parties, including lienholders, and after an opportunity for them	6056
to be heard, if the court finds that the arrested person does not	6057
intend to seek release of the vehicle at the end of the period of	6058
immobilization under section 4503.233 of the Revised Code or that	6059
the arrested person is not or will not be able to pay the expenses	6060
and charges incurred in its removal and storage, may order that	6061
title to the vehicle be transferred, in order of priority, first	6062
into the name of the person or entity that removed it, next into	6063
the name of a lienholder, or lastly into the name of the owner of	6064
the place of storage.	6065

Any lienholder that receives title under a court order shall	6066
do so on the condition that it pay any expenses or charges	6067
incurred in the vehicle's removal and storage. If the person or	6068
entity that receives title to the vehicle is the person or entity	6069
that removed it, the person or entity shall receive title on the	6070
condition that it pay any lien on the vehicle. The court shall not	6071
order that title be transferred to any person or entity other than	6072
the owner of the place of storage if the person or entity refuses	6073
to receive the title. Any person or entity that receives title	6074
either may keep title to the vehicle or may dispose of the vehicle	6075
in any legal manner that it considers appropriate, including	6076
assignment of the certificate of title to the motor vehicle to a	6077
salvage dealer or a scrap metal processing facility. The person or	6078
entity shall not transfer the vehicle to the person who is the	6079
vehicle's immediate previous owner.	6080

If the person or entity that receives title assigns the motor	6081
vehicle to a salvage dealer or scrap metal processing facility,	6082
the person or entity shall send the assigned certificate of title	6083
to the motor vehicle to the clerk of the court of common pleas of	6084
the county in which the salvage dealer or scrap metal processing	6085
facility is located. The person or entity shall mark the face of	6086
the certificate of title with the words "FOR DESTRUCTION" and	6087
shall deliver a photocopy of the certificate of title to the	6088
salvage dealer or scrap metal processing facility for its records.	6089

(2) Whenever a court issues an order under division (F)(1) of	6090
this section, the court also shall order removal of the license	6091
plates from the vehicle and cause them to be sent to the registrar	6092
if they have not already been sent to the registrar. Thereafter,	6093
no further proceedings shall take place under this section or	6094
under section 4503.233 of the Revised Code.	6095

(3) Prior to initiating a proceeding under division (F)(1) of	6096
this section, and upon payment of the fee under division (B) of	6097
section 4505.14, any interested party may cause a search to be	6098
made of the public records of the bureau of motor vehicles or the	6099
clerk of the court of common pleas, to ascertain the identity of	6100
any lienholder of the vehicle. The initiating party shall furnish	6101
this information to the clerk of the court with jurisdiction over	6102
the case, and the clerk shall provide notice to the arrested	6103
person, any lienholder, and any other interested parties listed by	6104
the initiating party, at the last known address supplied by the	6105
initiating party, by certified mail, or, at the option of the	6106
initiating party, by personal service or ordinary mail.	6107

Sec. 4513.02. (A) No person shall drive or move, or cause or	6108
knowingly permit to be driven or moved, on any highway any vehicle	6109
or combination of vehicles which is in such unsafe condition as to	6110
endanger any person.	6111

(B) When directed by any state highway patrol trooper, the	6112
operator of any motor vehicle shall stop and submit such motor	6113
vehicle to an inspection under division (B)(1) or (2) of this	6114
section, as appropriate, and such tests as are necessary.	6115

(1) Any motor vehicle not subject to inspection by the public	6116
utilities commission shall be inspected and tested to determine	6117
whether it is unsafe or not equipped as required by law, or that	6118
its equipment is not in proper adjustment or repair, or in	6119
violation of the equipment provisions of Chapter 4513. of the	6120
Revised Code.	6121

Such inspection shall be made with respect to the brakes,	6122
lights, turn signals, steering, horns and warning devices, glass,	6123
mirrors, exhaust system, windshield wipers, tires, and such other	6124
items of equipment as designated by the superintendent of the	6125
state highway patrol by rule or regulation adopted pursuant to	6126
sections 119.01 to 119.13 of the Revised Code.	6127

Upon determining that a motor vehicle is in safe operating	6128
condition and its equipment in conformity with Chapter 4513. of	6129
the Revised Code, the inspecting officer shall issue to the	6130
operator an official inspection sticker, which shall be in such	6131
form as the superintendent prescribes except that its color shall	6132
vary from year to year.	6133

(2) Any motor vehicle subject to inspection by the public	6134
utilities commission shall be inspected and tested in accordance	6135
with rules adopted by the commission. Upon determining that the	6136
vehicle and operator are in compliance with rules adopted by the	6137
commission, the inspecting officer shall issue to the operator an	6138
appropriate official inspection sticker.	6139

(C) The superintendent of the state highway patrol, pursuant	6140
to sections 119.01 to 119.13 of the Revised Code, shall determine	6141
and promulgate standards for any inspection program conducted by a	6142
political subdivision of this state. These standards shall exempt	6143
licensed collector's vehicles and historical motor vehicles from	6144
inspection. Any motor vehicle bearing a valid certificate of	6145
inspection issued by another state or a political subdivision of	6146
this state whose inspection program conforms to the	6147
superintendent's standards, and any licensed collector's vehicle	6148
or historical motor vehicle which is not in a condition which	6149
endangers the safety of persons or property, shall be exempt from	6150
the tests provided in division (B) of this section.	6151

(D) Every person, firm, association, or corporation that, in	6152
the conduct of its business, owns and operates not less than	6153
fifteen motor vehicles in this state that are not subject to	6154
regulation by the public utilities commission and that, for the	6155
purpose of storing, repairing, maintaining, and servicing such	6156
motor vehicles, equips and operates one or more service	6157
departments within this state, may file with the superintendent of	6158
the state highway patrol applications for permits for such service	6159
departments as official inspection stations for its own motor	6160
vehicles. Upon receiving an application for each such service	6161
department, and after determining that it is properly equipped and	6162
has competent personnel to perform the inspections referred to in	6163
this section, the superintendent shall issue the necessary	6164
inspection stickers and permit to operate as an official	6165
inspection station. Any such person who has had one or more	6166
service departments so designated as official inspection stations	6167
may have motor vehicles that are owned and operated by the person	6168
and that are not subject to regulation by the public utilities	6169
commission, excepting private passenger cars owned by the person	6170
or the person's employees, inspected at such service department;	6171
and any motor vehicle bearing a valid certificate of inspection	6172
issued by such service department shall be exempt from the tests	6173
provided in division (B) of this section.	6174

No permit for an official inspection station shall be	6175
assigned or transferred or used at any location other than therein	6176
designated, and every such permit shall be posted in a conspicuous	6177
place at the location designated.	6178

If a person, firm, association, or corporation owns and	6179
operates fifteen or more motor vehicles in the conduct of business	6180
and is subject to regulation by the public utilities commission,	6181
that person, firm, association, or corporation is not eligible to	6182
apply to the superintendent for permits to enable any of its	6183
service departments to serve as official inspection stations for	6184
its own motor vehicles.	6185

(E) When any motor vehicle is found to be unsafe for	6186
operation, the inspecting officer may order it removed from the	6187
highway and not operated, except for purposes of removal and	6188
repair, until it has been repaired pursuant to a repair order as	6189
provided in division (F) of this section.	6190

(F) When any motor vehicle is found to be defective or in	6191
violation of Chapter 4513. of the Revised Code, the inspecting	6192
officer may issue a repair order, in such form and containing such	6193
information as the superintendent shall prescribe, to the owner or	6194
operator of the motor vehicle. The owner or operator shall	6195
thereupon obtain such repairs as are required and shall, as	6196
directed by the inspecting officer, return the repair order	6197
together with proof of compliance with its provisions. When any	6198
motor vehicle or operator subject to rules of the public utilities	6199
commission fails the inspection, the inspecting officer shall	6200
issue an appropriate order to obtain compliance with such rules.	6201

(G) Sections 4513.01 to 4513.37 of the Revised Code, with	6202
respect to equipment on vehicles, do not apply to implements of	6203
husbandry, road machinery, road rollers, or agricultural tractors	6204
except as made applicable to such articles of machinery.	6205

(H) ~~Except as otherwise provided in this division, whoever~~	6206
Whoever violates this section is guilty of a minor misdemeanor. If	6207
~~the offender previously has been convicted of a violation of this~~	6208
~~section, whoever violates this section is guilty of a misdemeanor~~	6209
~~of the third degree.~~	6210

Sec. 4513.021. (A) As used in this section:

6211

(1) "Passenger car" means any motor vehicle with motive	6212
power, designed for carrying ten persons or less, except a	6213
multipurpose passenger vehicle or motorcycle.	6214

(2) "Multipurpose passenger vehicle" means a motor vehicle	6215
with motive power, except a motorcycle, designed to carry ten	6216
persons or less, that is constructed either on a truck chassis or	6217
with special features for occasional off-road operation.	6218

(3) "Truck" means every motor vehicle, except trailers and	6219
semitrailers, designed and used to carry property and having a	6220
gross vehicle weight rating of ten thousand pounds or less.	6221

(4) "Manufacturer" has the same meaning as in section 4501.01	6222
of the Revised Code.	6223

(5) "Gross vehicle weight rating" means the manufacturer's	6224
gross vehicle weight rating established for that vehicle.	6225

(B) The director of public safety, in accordance with Chapter	6226
119. of the Revised Code, shall adopt rules in conformance with	6227
standards of the vehicle equipment safety commission, that shall	6228
govern the maximum bumper height or, in the absence of bumpers and	6229
in cases where bumper heights have been lowered or modified, the	6230
maximum height to the bottom of the frame rail, of any passenger	6231
car, multipurpose passenger vehicle, or truck.	6232

(C) No person shall operate upon a street or highway any	6233
passenger car, multipurpose passenger vehicle, or truck registered	6234
in this state that does not conform to the requirements of this	6235
section or to any applicable rule adopted pursuant to this	6236
section.	6237

(D) No person shall modify any motor vehicle registered in	6238
this state in such a manner as to cause the vehicle body or	6239
chassis to come in contact with the ground, expose the fuel tank	6240
to damage from collision, or cause the wheels to come in contact	6241
with the body under normal operation, and no person shall	6242
disconnect any part of the original suspension system of the	6243
vehicle to defeat the safe operation of that system.	6244

(E) Nothing contained in this section or in the rules adopted	6245
pursuant to this section shall be construed to prohibit either of	6246
the following:	6247

(1) The installation upon a passenger car, multipurpose	6248
passenger vehicle, or truck registered in this state of heavy duty	6249
equipment, including shock absorbers and overload springs;	6250

(2) The operation on a street or highway of a passenger car,	6251
multipurpose passenger vehicle, or truck registered in this state	6252
with normal wear to the suspension system if the normal wear does	6253
not adversely affect the control of the vehicle.	6254

(F) This section and the rules adopted pursuant to it do not	6255
apply to any specially designed or modified passenger car,	6256
multipurpose passenger vehicle, or truck when operated off a	6257
street or highway in races and similar events.	6258

(G) ~~Except as otherwise provided in this division, whoever~~	6259
Whoever violates this section is guilty of a minor misdemeanor. If	6260
~~the offender previously has been convicted of a violation of this~~	6261
~~section, whoever violates this section is guilty of a misdemeanor~~	6262
~~of the third degree.~~	6263

Sec. 4513.99. (A) Any violation of section 4513.10,	6264
4513.182, 4513.20, 4513.201, 4513.202, 4513.25, 4513.26, 4513.27,	6265
4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the Revised Code	6266
shall be punished under division (B) of this section.	6267

(B) Whoever violates the sections of this chapter that are	6268
specifically required to be punished under this division, or any	6269
provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of	6270
the Revised Code for which violation no penalty is otherwise	6271
provided, is guilty of a minor misdemeanor ~~on a first offense; on~~	6272
~~a second offense within one year after the first offense, the~~	6273
~~person is guilty of a misdemeanor of the fourth degree; on each~~	6274
~~subsequent offense within one year after the first offense, the~~	6275
~~person is guilty of a misdemeanor of the third degree~~.	6276

Sec. 4713.07. The state board of cosmetology shall do all of	6277
the following:	6278

(A) Prescribe and make available application forms to be used	6279
by persons seeking admission to an examination conducted under	6280
section 4713.24 of the Revised Code or a license issued under this	6281
chapter;	6282

(B) Prescribe and make available application forms to be used	6283
by persons seeking renewal of a license issued under this chapter;	6284

(C) Report to the proper prosecuting officer all violations	6285
of section 4713.14 of the Revised Code of which the board is	6286
aware;	6287

(D) Submit a written report annually to the governor that	6288
provides all of the following:	6289

(1) A discussion of the conditions in this state of the	6290
branches of cosmetology;	6291

(2) A brief summary of the board's proceedings during the	6292
year the report covers;	6293

(3) A statement of all money that the board received and	6294
expended during the year the report covers.	6295

(E) Keep a record of all of the following:

6296

(1) The board's proceedings;

6297

(2) The name and last known address of each person issued a	6298
license under section 4713.28, 4713.30, 4713.31, 4713.34, or	6299
4713.39 of the Revised Code;	6300

(3) The name and address of each salon issued a license under	6301
section 4713.41 of the Revised Code and each school of cosmetology	6302
issued a license under section 4713.44 of the Revised Code;	6303

(4) The name and address of each tanning facility issued a	6304
permit under section 4713.48 of the Revised Code;	6305

(5) The date and number of each license and permit that the	6306
board issues;	6307

(F) Assist ex-offenders and military veterans who hold	6308
licenses issued by the board to find employment within salons or	6309
other facilities within this state;	6310

(G) All other duties that this chapter imposes on the board.

6311

Sec. 4713.28. The state board of cosmetology shall issue a	6312
practicing license to an applicant who, except as provided in	6313
section 4713.30 of the Revised Code, satisfies all of the	6314
following applicable conditions:	6315

(A) Is at least sixteen years of age;

6316

(B) Is of good moral character;

6317

(C) Has the equivalent of an Ohio public school tenth grade	6318
education;	6319

(D) Passes an examination conducted under section 4713.24 of	6320
the Revised Code for the branch of cosmetology the applicant seeks	6321
to practice;	6322

(E) Pays to the board the applicable fee;

6323

(F) In the case of an applicant for an initial cosmetologist	6324
license, has successfully completed at least fifteen hundred hours	6325
of board-approved cosmetology training in a school of cosmetology	6326
licensed in this state, except that only one thousand hours of	6327
board-approved cosmetology training in a school of cosmetology	6328
licensed in this state is required of a person licensed as a	6329
barber under Chapter 4709. of the Revised Code;	6330

(G) In the case of an applicant for an initial esthetician	6331
license, has successfully completed at least six hundred hours of	6332
board-approved esthetics training in a school of cosmetology	6333
licensed in this state;	6334

(H) In the case of an applicant for an initial hair designer	6335
license, has successfully completed at least one thousand two	6336
hundred hours of board-approved hair designer training in a school	6337
of cosmetology licensed in this state, except that only one	6338
thousand hours of board-approved hair designer training in a	6339
school of cosmetology licensed in this state is required of a	6340
person licensed as a barber under Chapter 4709. of the Revised	6341
Code;	6342

(I) In the case of an applicant for an initial manicurist	6343
license, has successfully completed at least two hundred hours of	6344
board-approved manicurist training in a school of cosmetology	6345
licensed in this state;	6346

(J) In the case of an applicant for an initial natural hair	6347
stylist license, has successfully completed at least four hundred	6348
fifty hours of instruction in subjects relating to sanitation,	6349
scalp care, anatomy, hair styling, communication skills, and laws	6350
and rules governing the practice of cosmetology;	6351

(K) The board shall not deny a license to any applicant based	6352
on prior incarceration or conviction for any crime.	6353

Sec. 4725.44. (A) The Ohio optical dispensers board shall be	6354
responsible for the administration of sections 4725.40 to 4725.59	6355
of the Revised Code and, in particular, shall process applications	6356
for licensure as licensed dispensing opticians and ocularists;	6357
schedule, administer, and supervise the qualifying examinations	6358
for licensure or contract with a testing service to schedule,	6359
administer, and supervise the qualifying examination for	6360
licensure; issue licenses to qualified individuals; revoke and	6361
suspend licenses; and maintain adequate records with respect to	6362
its operations and responsibilities.	6363

(B) The board shall adopt, amend, or rescind rules, pursuant	6364
to Chapter 119. of the Revised Code, for the licensure of	6365
dispensing opticians and ocularists, and such other rules as are	6366
required by or necessary to carry out the responsibilities imposed	6367
by sections 4725.40 to 4725.59 of the Revised Code, including	6368
rules establishing criminal records check requirements under	6369
section 4776.03 of the Revised Code and rules establishing	6370
disqualifying offenses for licensure as a dispensing optician or	6371
certification as an apprentice dispensing optician pursuant to	6372
sections 4725.48, 4725.52, 4725.53, and 4776.10 of the Revised	6373
Code.	6374

(C) The board shall have no authority to adopt rules	6375
governing the employment of dispensing opticians, the location or	6376
number of optical stores, advertising of optical products or	6377
services, or the manner in which optical products can be	6378
displayed.	6379

Sec. 4725.48. (A) Any person who desires to engage in	6380
optical dispensing, except as provided in section 4725.47 of the	6381
Revised Code, shall file a properly completed written application	6382
for an examination with the Ohio optical dispensers board or with	6383
the testing service the board has contracted with pursuant to	6384
section 4725.49 of the Revised Code. The application for	6385
examination shall be made on a form provided by the board or	6386
testing service and shall be accompanied by an examination fee the	6387
board shall establish by rule. Applicants must return the	6388
application to the board or testing service at least sixty days	6389
prior to the date the examination is scheduled to be administered.	6390

(B) Except as provided in section 4725.47 of the Revised	6391
Code, any person who desires to engage in optical dispensing shall	6392
file a properly completed written application for a license with	6393
the board with a licensure application fee of fifty dollars.	6394

No person shall be eligible to apply for a license under this	6395
division, unless the person is at least eighteen years of age~~, is~~	6396
~~of good moral character~~, is free of contagious or infectious	6397
disease, has received a passing score, as determined by the board,	6398
on the examination administered under division (A) of this	6399
section, is a graduate of an accredited high school of any state,	6400
or has received an equivalent education and has successfully	6401
completed either of the following:	6402

(1) Two years of supervised experience under a licensed	6403
dispensing optician, optometrist, or physician engaged in the	6404
practice of ophthalmology, up to one year of which may be	6405
continuous experience of not less than thirty hours a week in an	6406
optical laboratory;	6407

(2) A two-year college level program in optical dispensing	6408
that has been approved by the board and that includes, but is not	6409
limited to, courses of study in mathematics, science, English,	6410
anatomy and physiology of the eye, applied optics, ophthalmic	6411
optics, measurement and inspection of lenses, lens grinding and	6412
edging, ophthalmic lens design, keratometry, and the fitting and	6413
adjusting of spectacle lenses and frames and contact lenses,	6414
including methods of fitting contact lenses and post-fitting care.	6415

(C) Any person who desires to obtain a license to practice as	6416
an ocularist shall file a properly completed written application	6417
with the board accompanied by the appropriate fee and proof that	6418
the applicant has met the requirements for licensure. The board	6419
shall establish, by rule, the application fee and the minimum	6420
requirements for licensure, including education, examination, or	6421
experience standards recognized by the board as national standards	6422
for ocularists. The board shall issue a license to practice as an	6423
ocularist to an applicant who satisfies the requirements of this	6424
division and rules adopted pursuant to this division.	6425

(D) The board shall not adopt, maintain, renew, or enforce	6426
any rule that precludes an individual from receiving or renewing a	6427
license as a dispensing optician issued under sections 4725.40 to	6428
4725.59 of the Revised Code due to any past criminal activity or	6429
interpretation of moral character, unless the individual has	6430
committed a crime of moral turpitude or a disqualifying offense as	6431
those terms are defined in section 4776.10 of the Revised Code.	6432

Sec. 4725.52. Any licensed dispensing optician may supervise	6433
a maximum of three apprentices who shall be permitted to engage in	6434
optical dispensing only under the supervision of the licensed	6435
dispensing optician.	6436

To serve as an apprentice, a person shall register with the	6437
Ohio optical dispensers board either on a form provided by the	6438
board or in the form of a statement giving the name and address of	6439
the supervising licensed dispensing optician, the location at	6440
which the apprentice will be employed, and any other information	6441
required by the board. For the duration of the apprenticeship, the	6442
apprentice shall register annually on the form provided by the	6443
board or in the form of a statement.	6444

Each apprentice shall pay an initial registration fee of	6445
twenty dollars. For each registration renewal thereafter, each	6446
apprentice shall pay a registration renewal fee of twenty dollars.	6447

The board shall not deny certification as an apprentice under	6448
this section to any individual based on the individual's past	6449
criminal history or an interpretation of moral character unless	6450
the individual has committed a disqualifying offense or crime of	6451
moral turpitude as those terms are defined in section 4776.10 of	6452
the Revised Code.	6453

A person who is gaining experience under the supervision of a	6454
licensed optometrist or ophthalmologist that would qualify the	6455
person under division (B)(1) of section 4725.48 of the Revised	6456
Code to take the examination for optical dispensing is not	6457
required to register with the board.	6458

Sec. 4725.53. (A) The Ohio optical dispensers board, by a	6459
majority vote of its members, may refuse to grant a license and,	6460
in accordance with Chapter 119. of the Revised Code, may suspend	6461
or revoke the license of a licensed dispensing optician or impose	6462
a fine or order restitution pursuant to division (B) of this	6463
section on any of the following grounds:	6464

(1) Conviction of a ~~felony or a~~ crime involving moral	6465
turpitude or a disqualifying offense as those terms are defined in	6466
section 4776.10 of the Revised Code;	6467

(2) Obtaining or attempting to obtain a license by fraud or	6468
deception;	6469

(3) Obtaining any fee or making any sale of an optical aid by	6470
means of fraud or misrepresentation;	6471

(4) Habitual indulgence in the use of controlled substances	6472
or other habit-forming drugs, or in the use of alcoholic liquors	6473
to an extent that affects professional competency;	6474

(5) Finding by a court of competent jurisdiction that the	6475
applicant or licensee is incompetent by reason of mental illness	6476
and no subsequent finding by the court of competency;	6477

(6) Finding by a court of law that the licensee is guilty of	6478
incompetence or negligence in the dispensing of optical aids;	6479

(7) Knowingly permitting or employing a person whose license	6480
has been suspended or revoked or an unlicensed person to engage in	6481
optical dispensing;	6482

(8) Permitting another person to use ~~his~~the licensee's	6483
license;	6484

(9) Engaging in optical dispensing not pursuant to the	6485
prescription of a licensed physician or licensed optometrist, but	6486
nothing in this section shall prohibit the duplication or	6487
replacement of previously prepared optical aids, except contact	6488
lenses shall not be duplicated or replaced without a written	6489
prescription;	6490

(10) Violation of sections 4725.40 to 4725.59 of the Revised	6491
Code;	6492

(11) Waiving the payment of all or any part of a deductible	6493
or copayment that a patient, pursuant to a health insurance or	6494
health care policy, contract, or plan that covers optical	6495
dispensing services, would otherwise be required to pay if the	6496
waiver is used as an enticement to a patient or group of patients	6497
to receive health care services from that provider.	6498

(12) Advertising that hethe licensee will waive the payment	6499
of all or any part of a deductible or copayment that a patient,	6500
pursuant to a health insurance or health care policy, contract, or	6501
plan that covers optical dispensing services, would otherwise be	6502
required to pay.	6503

(B) The board may impose a fine of not more than five hundred	6504
dollars for a first occurrence of an action that is grounds for	6505
discipline under this section and of not less than five hundred	6506
nor more than one thousand dollars for a subsequent occurrence, or	6507
may order the licensee to make restitution to a person who has	6508
suffered a financial loss as a result of the licensee's failure to	6509
comply with sections 4725.40 to 4725.59 of the Revised Code.	6510

(C) Notwithstanding divisions (A)(11) and (12) of this	6511
section, sanctions shall not be imposed against any licensee who	6512
waives deductibles and copayments:	6513

(1) In compliance with the health benefit plan that expressly	6514
allows such a practice. Waiver of the deductibles or copays shall	6515
be made only with the full ~~knowlege~~knowledge and consent of the	6516
plan purchaser, payer, and third-party administrator. Such consent	6517
shall be made available to the board upon request.	6518

(2) For professional services rendered to any other person	6519
licensed pursuant to this chapter to the extent allowed by this	6520
chapter and the rules of the board.	6521

Sec. 4738.04. Each person applying for a motor vehicle	6522
salvage dealer license or a salvage motor vehicle auction license	6523
or a salvage motor vehicle pool license shall make out and deliver	6524
to the registrar of motor vehicles, upon a blank to be furnished	6525
by the registrar for that purpose, a separate application for	6526
license for each county in which the business is to be conducted.	6527
The application for each type of license shall be in the form	6528
prescribed by the registrar and shall be signed and sworn to by	6529
the applicant. The application for a license for a motor vehicle	6530
salvage dealer, a salvage motor vehicle auction, or salvage motor	6531
vehicle pool, in addition to other information as is required by	6532
the registrar, shall include the following:	6533

(A) Name of applicant and location of principal place of	6534
business;	6535

(B) Name or style under which business is to be conducted	6536
and, if a corporation, the state of incorporation;	6537

(C) Name and address of each owner or partner and, if a	6538
corporation, the names of the officers and directors;	6539

(D) The county in which the business is to be conducted and	6540
the address of each place of business therein;	6541

(E) A financial statement of the applicant showing the true	6542
financial condition as of a date not earlier than six months prior	6543
to the date of the application;	6544

(F) A statement of the previous history, record, and	6545
association of the applicant and of each owner, partner, officer,	6546
and director, which statement shall be sufficient to establish to	6547
the satisfaction of the registrar the reputation in business of	6548
the applicant;	6549

(G) A statement showing whether the applicant has previously	6550
been convicted of a ~~felony~~crime of moral turpitude or a	6551
disqualifying offense as those terms are defined in section	6552
4776.10 of the Revised Code;	6553

(H) A statement showing whether the applicant has previously	6554
applied for a license under this chapter and the result of the	6555
application, and whether the applicant has ever been the holder of	6556
any such license which was revoked or suspended;	6557

(I) If the applicant is a corporation or partnership, a	6558
statement showing whether any of the partners, officers, or	6559
directors have been refused a license under this chapter, or have	6560
been the holder of any such license which was revoked or	6561
suspended.	6562

Sec. 4738.07. The registrar of motor vehicles shall deny the	6563
application of any person for a license under this chapter and	6564
refuse to issue ~~him~~the person a license if the registrar finds	6565
that the applicant:	6566

(A) Has made false statement of a material fact in ~~his~~the	6567
individual's application;	6568

(B) Has not complied with sections 4738.01 to 4738.15 of the	6569
Revised Code:	6570

(C) Is of bad business repute or has habitually defaulted on	6571
financial obligations;	6572

(D) Has been convicted of a ~~felony~~crime of moral turpitude	6573
or a disqualifying offense as those terms are defined in section	6574
4776.10 of the Revised Code;	6575

(E) Has been guilty of a fraudulent act in connection with	6576
dealing in salvage motor vehicles or when operating as a motor	6577
vehicle salvage dealer, salvage motor vehicle auction, or salvage	6578
motor vehicle pool;	6579

(F) Is insolvent;

6580

(G) Is of insufficient responsibility to assure the prompt	6581
payment of any final judgments which might reasonably be entered	6582
against ~~him~~the individual because of the transaction of ~~his~~the	6583
individual's business during the period of the license applied	6584
for;	6585

(H) Has no established place of business;

6586

(I) Has less than twelve months prior to said application,	6587
been denied a license under this chapter.	6588

If the applicant is a corporation or partnership, the	6589
registrar may refuse to issue a license if any officer, director,	6590
or partner of the applicant has been guilty of any act or omission	6591
which would be cause for refusing or revoking a license issued to	6592
the officer, director, or partner as an individual. The	6593
registrar's finding may be based upon facts contained in the	6594
application or upon any other information which he may have.	6595
Immediately upon denying an application for any of the reasons in	6596
this section, the registrar shall enter a final order together	6597
with ~~his~~the registrar's findings and certify the same to the	6598
motor vehicle salvage dealer's licensing board.	6599

An applicant who has been refused a license may appeal from	6600
the action of the registrar to the motor vehicle salvage dealer's	6601
licensing board in the manner prescribed in section 4738.12 of the	6602
Revised Code.	6603

The registrar of motor vehicles shall not adopt, maintain,	6604
renew, or enforce any rule, or otherwise preclude in any way, an	6605
individual from receiving or renewing a license under this chapter	6606
due to any past criminal activity or interpretation of moral	6607
character, except as pursuant to division (D) of this section.	6608

Sec. 4740.05. (A) Each section of the Ohio construction	6609
industry licensing board, other than the administrative section,	6610
shall do all of the following:	6611

(1) Adopt rules in accordance with Chapter 119. of the	6612
Revised Code that are limited to the following:	6613

(a) Criteria for the section to use in evaluating the	6614
qualifications of an individual;	6615

(b) Criteria for the section to use in deciding whether to	6616
authorize the administrative section to issue, renew, suspend,	6617
revoke, or refuse to issue or renew a license;	6618

(c) The determinations and approvals the section makes under	6619
the reciprocity provision of section 4740.08 of the Revised Code;	6620

(d) Criteria for continuing education courses conducted	6621
pursuant to this chapter;	6622

(e) A requirement that persons seeking approval to provide	6623
continuing education courses submit the required information to	6624
the appropriate section of the board at least thirty days, but not	6625
more than one year, prior to the date on which the course is	6626
proposed to be offered;	6627

(f) A prohibition against any person providing a continuing	6628
education course unless the administrative section of the board	6629
approved that person not more than one year prior to the date the	6630
course is offered;	6631

(g) A list of disqualifying offenses pursuant to sections	6632
4740.06, 4740.10, and 4776.10 of the Revised Code.	6633

(2) Investigate allegations in reference to violations of	6634
this chapter and the rules adopted pursuant to it that pertain to	6635
the section and determine by rule a procedure to conduct	6636
investigations and hearings on these allegations;	6637

(3) Maintain a record of its proceedings;

6638

(4) Grant approval to a person to offer continuing education	6639
courses pursuant to rules the board adopts;	6640

(5) As required, do all things necessary to carry out this	6641
chapter.	6642

(B) In accordance with rules they establish, the trade	6643
sections of the board shall authorize the administrative section	6644
to issue, renew, suspend, revoke, or refuse to issue or renew	6645
licenses for the classes of contractors for which each has primary	6646
responsibility as set forth in section 4740.02 of the Revised	6647
Code.	6648

(C) Each trade section of the board shall establish or	6649
approve a continuing education curriculum for license renewal for	6650
each class of contractors for which the section has primary	6651
responsibility. No curriculum may require more than five hours per	6652
year in specific course requirements. No contractor may be	6653
required to take more than ten hours per year in continuing	6654
education courses. The ten hours shall be the aggregate of hours	6655
of continuing education for all licenses the contractor holds.	6656

Sec. 4740.06. (A) Any individual who applies for a license	6657
shall file a written application with the appropriate section of	6658
the Ohio construction industry licensing board, accompanied with	6659
the application fee as determined pursuant to section 4740.09 of	6660
the Revised Code. The individual shall file the application not	6661
more than sixty days nor less than thirty days prior to the date	6662
of the examination. The application shall be on the form the	6663
section prescribes and verified by the applicant's oath. The	6664
applicant shall provide information satisfactory to the section	6665
showing that the applicant meets the requirements of division (B)	6666
of this section.	6667

(B) To qualify to take an examination, an individual shall:

6668

(1) Be at least eighteen years of age;

6669

(2) Be a United States citizen or legal alien who produces	6670
valid documentation to demonstrate the individual is a legal	6671
resident of the United States;	6672

(3) Either have been a tradesperson in the type of licensed	6673
trade for which the application is filed for not less than five	6674
years immediately prior to the date the application is filed, be a	6675
currently registered engineer in this state with three years of	6676
business experience in the construction industry in the trade for	6677
which the engineer is applying to take an examination, or have	6678
other experience acceptable to the appropriate section of the	6679
board;	6680

(4) Maintain contractor's liability insurance, including	6681
without limitation, complete operations coverage, in an amount the	6682
appropriate section of the board determines;	6683

(5) Not have done any of the following:

6684

(a) Been convicted of or pleaded guilty to a ~~misdemeanor~~	6685
~~involving~~crime of moral turpitude or ~~of any felony~~a	6686
disqualifying offense as those terms are defined in section	6687
4776.10 of the Revised Code;	6688

(b) Violated this chapter or any rule adopted pursuant to it;

6689

(c) Obtained or renewed a license issued pursuant to this	6690
chapter, or any order, ruling, or authorization of the board or a	6691
section of the board by fraud, misrepresentation, or deception;	6692

(d) Engaged in fraud, misrepresentation, or deception in the	6693
conduct of business.	6694

(C) When an applicant for licensure as a contractor in a	6695
licensed trade meets the qualifications set forth in division (B)	6696
of this section and passes the required examination, the	6697
appropriate section of the board, within ninety days after the	6698
application was filed, shall authorize the administrative section	6699
of the board to license the applicant for the type of contractor's	6700
license for which the applicant qualifies. A section of the board	6701
may withdraw its authorization to the administrative section for	6702
issuance of a license for good cause shown, on the condition that	6703
notice of that withdrawal is given prior to the administrative	6704
section's issuance of the license.	6705

(D) All licenses a contractor holds pursuant to this chapter	6706
shall expire annually on the same date, which shall be the	6707
expiration date of the original license the contractor holds. An	6708
individual holding a valid, unexpired license may renew the	6709
license, without reexamination, by submitting an application to	6710
the appropriate section of the board not more than ninety calendar	6711
days before the expiration of the license, along with the renewal	6712
fee the section requires and proof of compliance with the	6713
applicable continuing education requirements. The applicant shall	6714
provide information in the renewal application satisfactory to	6715
demonstrate to the appropriate section that the applicant	6716
continues to meet the requirements of division (B) of this	6717
section.	6718

Upon application and within one calendar year after a license	6719
has expired, a section may waive any of the requirements for	6720
renewal of a license upon finding that an applicant substantially	6721
meets the renewal requirements or that failure to timely apply for	6722
renewal is due to excusable neglect. A section that waives	6723
requirements for renewal of a license may impose conditions upon	6724
the licensee and assess a late filing fee of not more than double	6725
the usual renewal fee. An applicant shall satisfy any condition	6726
the section imposes before a license is reissued.	6727

(E) An individual holding a valid license may request the	6728
section of the board that authorized that license to place the	6729
license in inactive status under conditions, and for a period of	6730
time, as that section determines.	6731

(F) Except for the ninety-day extension provided for a	6732
license assigned to a business entity under division (D) of	6733
section 4740.07 of the Revised Code, a license held by an	6734
individual immediately terminates upon the death of the	6735
individual.	6736

(G) Nothing in any license issued by the Ohio construction	6737
industry licensing board shall be construed to limit or eliminate	6738
any requirement of or any license issued by the Ohio fire marshal.	6739

(H) No trade section of the board shall adopt, maintain,	6740
renew, or enforce any rule, or otherwise preclude in any way, an	6741
individual from receiving or renewing a license under this chapter	6742
due to any past criminal activity or interpretation of moral	6743
character, except as pursuant to division (B)(5)(a) of this	6744
section.	6745

Sec. 4740.10. (A) The appropriate section of the Ohio	6746
construction industry licensing board, upon an affirmative vote of	6747
four of its members, may take any of the following actions against	6748
a licensee who violates Chapter 4740. of the Revised Code:	6749

(1) Impose a fine on the licensee, not exceeding one thousand	6750
dollars per violation per day;	6751

(2) Direct the administrative section to suspend the	6752
licensee's license for a period of time the section establishes;	6753

(3) Direct the administrative section to revoke the	6754
licensee's license;	6755

(4) Require the licensee to complete additional continuing	6756
education course work. Any continuing education course work	6757
completed pursuant to this division may not count toward any other	6758
continuing education requirements this chapter establishes.	6759

(5) Direct the administrative section to refuse to issue or	6760
renew a license if the section finds that the applicant or	6761
licensee has done any of the following:	6762

(a) Been convicted of a ~~misdemeanor involving~~crime of moral	6763
turpitude or a ~~felony~~disqualifying offense as those terms are	6764
defined in section 4776.10 of the Revised Code;	6765

(b) Violated any provision of this chapter or the rules	6766
adopted pursuant thereto;	6767

(c) Obtained a license or any order, ruling, or authorization	6768
of the board by fraud, misrepresentation, or deception;	6769

(d) Engaged in fraud, misrepresentation, or deception in the	6770
conduct of business.	6771

(B) The appropriate section of the board shall determine the	6772
length of time that a license is to be suspended and whether or	6773
when an individual whose license has been revoked may apply for	6774
reinstatement. The appropriate section of the board may accept or	6775
refuse an application for reinstatement and may require an	6776
examination for reinstatement.	6777

(C) The appropriate section of the board may investigate any	6778
alleged violation of this chapter or the rules adopted pursuant to	6779
it. If, after an investigation, a section determines that any	6780
person has engaged or is engaging in any practice that violates	6781
this chapter or the rules adopted pursuant to it, that section may	6782
apply to the court of common pleas of the county in which the	6783
violation occurred or is occurring for an injunction or other	6784
appropriate relief to enjoin or terminate the violation.	6785

(D) Any person who wishes to make a complaint against a	6786
person who holds a license shall submit the complaint in writing	6787
to the appropriate section of the board within three years after	6788
the date of the action or event upon which the complaint is based.	6789

Sec. 4747.04. The hearing aid dealers and fitters licensing	6790
board shall meet annually to elect a ~~chairman~~chairperson and a	6791
~~vice-chairman~~vice-chairperson, who shall act as ~~chairman~~	6792
chairperson in the absence of the ~~chairman~~chairperson. A majority	6793
of the board constitutes a quorum. The board shall meet when	6794
called by the ~~chairman~~chairperson. The board shall:	6795

(A) Adopt rules for the transaction of its business;

6796

(B) Design and prepare qualifying examinations for licensing	6797
of hearing aid dealers, fitters, and trainees;	6798

(C) Determine whether persons holding similar valid licenses	6799
from other states or jurisdictions shall be required to take and	6800
successfully pass the appropriate qualifying examination as a	6801
condition for licensing in this state;	6802

(D) Determine whether charges made against any licensee	6803
warrant a hearing before the board;	6804

(E) Hold hearings to determine the truth and circumstances of	6805
all charges filed in writing with the board against any licensee	6806
and determine whether any license held by any person shall be	6807
revoked, suspended, or reissued;	6808

(F) Determine and specify the length of time each license	6809
that is suspended or revoked shall remain suspended or revoked;	6810

(G) Advise and assist the department of health in all matters	6811
relating to this chapter;	6812

(H) Deposit all payments collected under this chapter into	6813
the general operations fund created under section 3701.83 of the	6814
Revised Code to be used in administering and enforcing this	6815
chapter;	6816

(I) Establish a list of disqualifying offenses for licensure	6817
as a hearing aid dealer or fitter, or for a hearing aid dealer or	6818
fitter trainee permit, pursuant to sections 4747.05, 4747.10,	6819
4747.12, and 4776.10 of the Revised Code.	6820

Nothing in this section shall be interpreted as granting to	6821
the hearing aid dealers and fitters licensing board the right to	6822
restrict advertising which is not false or misleading, or to	6823
prohibit or in any way restrict a hearing aid dealer or fitter	6824
from renting or leasing space from any person, firm or corporation	6825
in a mercantile establishment for the purpose of using such space	6826
for the lawful sale of hearing aids or to prohibit a mercantile	6827
establishment from selling hearing aids if the sale would be	6828
otherwise lawful under this chapter.	6829

Sec. 4747.05. (A) The hearing aid dealers and fitters	6830
licensing board shall issue to each applicant, within sixty days	6831
of receipt of a properly completed application and payment of two	6832
hundred sixty-two dollars, a hearing aid dealer's or fitter's	6833
license if the applicant, if an individual:	6834

(1) Is at least eighteen years of age;

6835

(2) ~~Is a person of good moral character~~Has not committed a	6836
disqualifying offense or a crime of moral turpitude, as those	6837
terms are defined in section 4776.10 of the Revised Code;	6838

(3) Is free of contagious or infectious disease;

6839

(4) Has successfully passed a qualifying examination	6840
specified and administered by the board.	6841

(B) If the applicant is a firm, partnership, association, or	6842
corporation, the application, in addition to such information as	6843
the board requires, shall be accompanied by an application for a	6844
license for each person, whether owner or employee, of the firm,	6845
partnership, association, or corporation, who engages in dealing	6846
in or fitting of hearing aids, or shall contain a statement that	6847
such applications are submitted separately. No firm, partnership,	6848
association, or corporation licensed pursuant to this chapter	6849
shall permit any unlicensed person to sell or fit hearing aids.	6850

(C) The board shall not adopt, maintain, renew, or enforce	6851
any rule that precludes an individual from receiving or renewing a	6852
license issued under this chapter due to any past criminal	6853
activity or interpretation of moral character, unless the	6854
individual has committed a crime of moral turpitude or a	6855
disqualifying offense as those terms are defined in section	6856
4776.10 of the Revised Code.	6857

(D) Each license issued expires on the thirtieth day of	6858
January of the year following that in which it was issued.	6859

Sec. 4747.10. Each person currently engaged in training to	6860
become a licensed hearing aid dealer or fitter shall apply to the	6861
hearing aid dealers and fitters licensing board for a hearing aid	6862
dealer's and fitter's trainee permit. The board shall issue to	6863
each applicant within thirty days of receipt of a properly	6864
completed application and payment of one hundred fifty dollars, a	6865
trainee permit if such applicant ismeets all of the following	6866
criteria:	6867

(A) AtIs at least eighteen years of age;

6868

(B) ~~The~~Is the holder of a diploma from an accredited high	6869
school, or possesses an equivalent education;	6870

(C) ~~A person of good moral character~~Has not committed a	6871
disqualifying offense or a crime of moral turpitude, as those	6872
terms are defined in section 4776.10 of the Revised Code;	6873

(D) ~~Free~~Is free of contagious or infectious disease.

6874

The board shall not deny a trainee permit issued under this	6875
section to any individual based on the individual's past criminal	6876
history or an interpretation of moral character unless the	6877
individual has committed a disqualifying offense or crime of moral	6878
turpitude as those terms are defined in section 4776.10 of the	6879
Revised Code.	6880

Each trainee permit issued by the board expires one year from	6881
the date it was first issued, and may be renewed once if the	6882
trainee has not successfully completed the qualifying requirements	6883
for licensing as a hearing aid dealer or fitter before the	6884
expiration date of such permit. The board shall issue a renewed	6885
permit to each applicant upon receipt of a properly completed	6886
application and payment of one hundred five dollars. No person	6887
holding a trainee permit shall engage in the practice of dealing	6888
in or fitting of hearing aids except while under supervision by a	6889
licensed hearing aid dealer or fitter.	6890

Sec. 4747.12. The hearing aid dealers and fitters licensing	6891
board may revoke or suspend a license or permit if the person who	6892
holds such license or permit:	6893

(A) Is convicted of a ~~felony~~disqualifying offense or a	6894
~~misdemeanor involving~~crime of moral turpitude as those terms are	6895
defined in section 4776.10 of the Revised Code. The record of	6896
conviction, or a copy thereof certified by the clerk of the court	6897
or by the judge in whose court the conviction occurs, is	6898
conclusive evidence of such conviction;	6899

(B) Procured a license or permit by fraud or deceit practiced	6900
upon the board;	6901

(C) Obtained any fee or made any sale of a hearing aid by	6902
fraud or misrepresentation;	6903

(D) Knowingly employed any person without a license or a	6904
person whose license was suspended or revoked to engage in the	6905
fitting or sale of hearing aids;	6906

(E) Used or caused or promoted the use of any advertising	6907
matter, promotional literature, testimonial, guarantee, warranty,	6908
label, brand, insignia, or any other representation, however	6909
disseminated or published, which is misleading, deceptive, or	6910
untruthful;	6911

(F) Advertised a particular model or type of hearing aid for	6912
sale when purchasers or prospective purchasers responding to the	6913
advertisement cannot purchase the specified model or type of	6914
hearing aid;	6915

(G) Represented or advertised that the service or advice of a	6916
person licensed to practice medicine will be used or made	6917
available in the selection, fitting, adjustment, maintenance, or	6918
repair of hearing aids when such is not true, or using the words	6919
"doctor," "clinic," or similar words, abbreviations, or symbols	6920
which connote the medical profession when such use is not	6921
accurate;	6922

(H) Is found by the board to be a person of habitual	6923
intemperance or gross immorality;	6924

(I) Advertised a manufacturer's product or used a	6925
manufacturer's name or trademark in a manner which suggested the	6926
existence of a relationship with the manufacturer which did not or	6927
does not exist;	6928

(J) Fitted or sold, or attempted to fit or sell, a hearing	6929
aid to a person without first utilizing the appropriate procedures	6930
and instruments required for proper fitting of hearing aids;	6931

(K) Engaged in the fitting and sale of hearing aids under a	6932
false name or an alias;	6933

(L) Engaged in the practice of dealing in or fitting of	6934
hearing aids while suffering from a contagious or infectious	6935
disease;	6936

(M) Was found by the board to be guilty of gross incompetence	6937
or negligence in the fitting or sale of hearing aids;	6938

(N) Permitted another person to use ~~his~~the licensee's	6939
license.	6940

Sec. 4749.03. (A)(1) Any individual, including a partner in	6941
a partnership, may be licensed as a private investigator under a	6942
class B license, or as a security guard provider under a class C	6943
license, or as a private investigator and a security guard	6944
provider under a class A license, if the individual meets all of	6945
the following requirements:	6946

(a) Has a good reputation for integrity, has not been	6947
convicted of a ~~felony~~disqualifying offense as defined in section	6948
4776.10 of the Revised Code within the last ~~twenty~~three years or	6949
any ~~offense involving~~crime of moral turpitude as that term is	6950
defined in section 4776.10 of the Revised Code, and has not been	6951
adjudicated incompetent for the purpose of holding the license, as	6952
provided in section 5122.301 of the Revised Code, without having	6953
been restored to legal capacity for that purpose.	6954

(b) Depending upon the class of license for which application	6955
is made, for a continuous period of at least two years immediately	6956
preceding application for a license, has been engaged in	6957
investigatory or security services work for a law enforcement or	6958
other public agency engaged in investigatory activities, or for a	6959
private investigator or security guard provider, or engaged in the	6960
practice of law, or has acquired equivalent experience as	6961
determined by rule of the director of public safety.	6962

(c) Demonstrates competency as a private investigator or	6963
security guard provider by passing an examination devised for this	6964
purpose by the director, except that any individually licensed	6965
person who qualifies a corporation for licensure shall not be	6966
required to be reexamined if the person qualifies the corporation	6967
in the same capacity that the person was individually licensed.	6968

(d) Submits evidence of comprehensive general liability	6969
insurance coverage, or other equivalent guarantee approved by the	6970
director in such form and in principal amounts satisfactory to the	6971
director, but not less than one hundred thousand dollars for each	6972
person and three hundred thousand dollars for each occurrence for	6973
bodily injury liability, and one hundred thousand dollars for	6974
property damage liability.	6975

(e) Pays the requisite examination and license fees.

6976

(2) A corporation may be licensed as a private investigator	6977
under a class B license, or as a security guard provider under a	6978
class C license, or as a private investigator and a security guard	6979
provider under a class A license, if an application for licensure	6980
is filed by an officer of the corporation and the officer, another	6981
officer, or the qualifying agent of the corporation satisfies the	6982
requirements of divisions (A)(1) and (F)(1) of this section.	6983
Officers and the statutory agent of a corporation shall be	6984
determined in accordance with Chapter 1701. of the Revised Code.	6985

(3) At least one partner in a partnership shall be licensed	6986
as a private investigator, or as a security guard provider, or as	6987
a private investigator and a security guard provider. Partners in	6988
a partnership shall be determined as provided for in Chapter 1775.	6989
or 1776. of the Revised Code.	6990

(B) An application for a class A, B, or C license shall be	6991
completed in the form the director prescribes. In the case of an	6992
individual, the application shall state the applicant's name,	6993
birth date, citizenship, physical description, current residence,	6994
residences for the preceding ten years, current employment,	6995
employment for the preceding seven years, experience	6996
qualifications, the location of each of the applicant's offices in	6997
this state, and any other information that is necessary in order	6998
for the director to comply with the requirements of this chapter.	6999
In the case of a corporation, the application shall state the name	7000
of the officer or qualifying agent filing the application; the	7001
state in which the corporation is incorporated and the date of	7002
incorporation; the states in which the corporation is authorized	7003
to transact business; the name of its qualifying agent; the name	7004
of the officer or qualifying agent of the corporation who	7005
satisfies the requirements of divisions (A)(1) and (F)(1) of this	7006
section and the birth date, citizenship, physical description,	7007
current residence, residences for the preceding ten years, current	7008
employment, employment for the preceding seven years, and	7009
experience qualifications of that officer or qualifying agent; and	7010
other information that the director requires. A corporation may	7011
specify in its application information relative to one or more	7012
individuals who satisfy the requirements of divisions (A)(1) and	7013
(F)(1) of this section.	7014

The application described in this division shall be	7015
accompanied by all of the following:	7016

(1) One recent full-face photograph of the applicant or, in	7017
the case of a corporation, of each officer or qualifying agent	7018
specified in the application as satisfying the requirements of	7019
divisions (A)(1) and (F)(1) of this section;	7020

(2) Character references from at least five reputable	7021
citizens for the applicant or, in the case of a corporation, for	7022
each officer or qualifying agent specified in the application as	7023
satisfying the requirements of divisions (A)(1) and (F)(1) of this	7024
section, each of whom has known the applicant, officer, or	7025
qualifying agent for at least five years preceding the	7026
application, and none of whom are connected with the applicant,	7027
officer, or qualifying agent by blood or marriage;	7028

(3) An examination fee of twenty-five dollars for the	7029
applicant or, in the case of a corporation, for each officer or	7030
qualifying agent specified in the application as satisfying the	7031
requirements of divisions (A)(1) and (F)(1) of this section, and a	7032
license fee in the amount the director determines, not to exceed	7033
three hundred seventy-five dollars. The license fee shall be	7034
refunded if a license is not issued.	7035

(C)(1) Each individual applying for a license and each	7036
individual specified by a corporation as an officer or qualifying	7037
agent in an application shall submit one complete set of	7038
fingerprints directly to the superintendent of the bureau of	7039
criminal identification and investigation for the purpose of	7040
conducting a criminal records check. The individual shall provide	7041
the fingerprints using a method the superintendent prescribes	7042
pursuant to division (C)(2) of section 109.572 of the Revised Code	7043
and fill out the form the superintendent prescribes pursuant to	7044
division (C)(1) of section 109.572 of the Revised Code. An	7045
applicant who intends to carry a firearm as defined in section	7046
2923.11 of the Revised Code in the course of business or	7047
employment shall so notify the superintendent. This notification	7048
is in addition to any other requirement related to carrying a	7049
firearm that applies to the applicant. The individual or	7050
corporation requesting the criminal records check shall pay the	7051
fee the superintendent prescribes.	7052

(2) The superintendent shall conduct the criminal records	7053
check as set forth in division (B) of section 109.572 of the	7054
Revised Code. If an applicant intends to carry a firearm in the	7055
course of business or employment, the superintendent shall make a	7056
request to the federal bureau of investigation for any information	7057
and review the information the bureau provides pursuant to	7058
division (B)(2) of section 109.572 of the Revised Code. The	7059
superintendent shall submit all results of the completed	7060
investigation to the director of public safety.	7061

(3) If the director determines that the applicant, officer,	7062
or qualifying agent meets the requirements of divisions (A)(1)(a),	7063
(b), and (d) of this section and that an officer or qualifying	7064
agent meets the requirement of division (F)(1) of this section,	7065
the director shall notify the applicant, officer, or agent of the	7066
time and place for the examination. If the director determines	7067
that an applicant does not meet the requirements of divisions	7068
(A)(1)(a), (b), and (d) of this section, the director shall notify	7069
the applicant that the applicant's application is refused and	7070
refund the license fee. If the director determines that none of	7071
the individuals specified in the application of a corporation as	7072
satisfying the requirements of divisions (A)(1) and (F)(1) of this	7073
section meet the requirements of divisions (A)(1)(a), (b), and (d)	7074
and (F)(1) of this section, the director shall notify the	7075
corporation that its application is refused and refund the license	7076
fee. If the bureau assesses the director a fee for any	7077
investigation, the director, in addition to any other fee assessed	7078
pursuant to this chapter, may assess the applicant, officer, or	7079
qualifying agent, as appropriate, a fee that is equal to the fee	7080
assessed by the bureau.	7081

(4) The superintendent shall not adopt, maintain, renew, or	7082
enforce any rule, or otherwise preclude in any way, an individual	7083
from receiving or renewing a license under this chapter due to any	7084
past criminal activity or interpretation of moral character,	7085
except as pursuant to division (A)(1)(a) of this section.	7086

(D) If upon application, investigation, and examination, the	7087
director finds that the applicant or, in the case of a	7088
corporation, any officer or qualifying agent specified in the	7089
application as satisfying the requirements of divisions (A)(1) and	7090
(F)(1) of this section, meets the applicable requirements, the	7091
director shall issue the applicant or the corporation a class A,	7092
B, or C license. The director also shall issue an identification	7093
card to an applicant, but not an officer or qualifying agent of a	7094
corporation, who meets the applicable requirements. The license	7095
and identification card shall state the licensee's name, the	7096
classification of the license, the location of the licensee's	7097
principal place of business in this state, and the expiration date	7098
of the license, and, in the case of a corporation, it also shall	7099
state the name of each officer or qualifying agent who satisfied	7100
the requirements of divisions (A)(1) and (F)(1) of this section.	7101

Licenses expire on the first day of March following the date	7102
of initial issue, and on the first day of March of each year	7103
thereafter. Annual renewals shall be according to the standard	7104
renewal procedures contained in Chapter 4745. of the Revised Code,	7105
upon payment of an annual renewal fee the director determines, not	7106
to exceed two hundred seventy-five dollars. No license shall be	7107
renewed if the licensee or, in the case of a corporation, each	7108
officer or qualifying agent who qualified the corporation for	7109
licensure no longer meets the applicable requirements of this	7110
section. No license shall be renewed unless the licensee provides	7111
evidence of workers' compensation risk coverage and unemployment	7112
compensation insurance coverage, other than for clerical employees	7113
and excepting sole proprietors who are exempted therefrom, as	7114
provided for in Chapters 4123. and 4141. of the Revised Code,	7115
respectively, as well as the licensee's state tax identification	7116
number. No reexamination shall be required for renewal of a	7117
current license.	7118

For purposes of this chapter, a class A, B, or C license	7119
issued to a corporation shall be considered as also having	7120
licensed the individuals who qualified the corporation for	7121
licensure, for as long as they are associated with the	7122
corporation.	7123

For purposes of this division, "sole proprietor" means an	7124
individual licensed under this chapter who does not employ any	7125
other individual.	7126

(E) The director may issue a duplicate copy of a license	7127
issued under this section for the purpose of replacement of a	7128
lost, spoliated, or destroyed license, upon payment of a fee the	7129
director determines, not exceeding twenty-five dollars. Any change	7130
in license classification requires new application and application	7131
fees.	7132

(F)(1) In order to qualify a corporation for a class A, B, or	7133
C license, an officer or qualifying agent may qualify another	7134
corporation for similar licensure, provided that the officer or	7135
qualifying agent is actively engaged in the business of both	7136
corporations.	7137

(2) Each officer or qualifying agent who qualifies a	7138
corporation for class A, B, or C licensure shall surrender any	7139
personal license of a similar nature that the officer or	7140
qualifying agent possesses.	7141

(3) Upon written notification to the director, completion of	7142
an application similar to that for original licensure, surrender	7143
of the corporation's current license, and payment of a	7144
twenty-five-dollar fee, a corporation's class A, B, or C license	7145
may be transferred to another corporation.	7146

(4) Upon written notification to the director, completion of	7147
an application similar to that for an individual seeking class A,	7148
B, or C licensure, payment of a twenty-five-dollar fee, and, if	7149
the individual was the only individual that qualified a	7150
corporation for licensure, surrender of the corporation's license,	7151
any officer or qualifying agent who qualified a corporation for	7152
licensure under this chapter may obtain a similar license in the	7153
individual's own name without reexamination. A request by an	7154
officer or qualifying agent for an individual license shall not	7155
affect a corporation's license unless the individual is the only	7156
individual that qualified the corporation for licensure or all the	7157
other individuals who qualified the corporation for licensure	7158
submit such requests.	7159

(G) If a corporation is for any reason no longer associated	7160
with an individual who qualified it for licensure under this	7161
chapter, an officer of the corporation shall notify the director	7162
of that fact by certified mail, return receipt requested, within	7163
ten days after the association terminates. If the notification is	7164
so given, the individual was the only individual that qualified	7165
the corporation for licensure, and the corporation submits the	7166
name of another officer or qualifying agent to qualify the	7167
corporation for the license within thirty days after the	7168
association terminates, the corporation may continue to operate in	7169
the business of private investigation, the business of security	7170
services, or both businesses in this state under that license for	7171
ninety days after the association terminates. If the officer or	7172
qualifying agent whose name is submitted satisfies the	7173
requirements of divisions (A)(1) and (F)(1) of this section, the	7174
director shall issue a new license to the corporation within that	7175
ninety-day period. The names of more than one individual may be	7176
submitted.	7177

Sec. 4749.04. (A) The director of public safety may revoke,	7178
suspend, or refuse to renew, when a renewal form has been	7179
submitted, the license of any private investigator or security	7180
guard provider, or the registration of any employee of a private	7181
investigator or security guard provider, for any of the following:	7182

(1) Violation of any of the provisions of division (B) or (C)	7183
of section 4749.13 of the Revised Code;	7184

(2) Conviction of a ~~felony or~~disqualifying offense as	7185
defined in section 4776.10 of the Revised Code if the offense	7186
occurred within the last three years;	7187

(3) Conviction of a crime involving moral turpitude as	7188
defined in section 4776.10 of the Revised Code;	7189

~~(3)~~(4) Violation of any rule of the director governing	7190
private investigators, the business of private investigation,	7191
security guard providers, or the business of security services;	7192

~~(4)~~(5) Testifying falsely under oath, or suborning perjury,	7193
in any judicial proceeding;	7194

~~(5)~~(6) Failure to satisfy the requirements specified in	7195
division (D) of section 4749.03 of the Revised Code.	7196

Any person whose license or registration is revoked,	7197
suspended, or not renewed when a renewal form is submitted may	7198
appeal in accordance with Chapter 119. of the Revised Code.	7199

(B) In lieu of suspending, revoking, or refusing to renew the	7200
class A, B, or C license, or of suspending, revoking, or refusing	7201
to renew the registration of an employee of a class A, B, or C	7202
licensee, the director may impose a civil penalty of not more than	7203
one hundred dollars for each calendar day of a violation of any of	7204
the provisions of this section or of division (B) or (C) of	7205
section 4749.13 of the Revised Code or of a violation of any rule	7206
of the director governing private investigators, the business of	7207
private investigation, security guard providers, or the business	7208
of security services.	7209

Sec. 4749.06. (A) Each class A, B, or C licensee shall	7210
register the licensee's investigator or security guard employees,	7211
with the department of public safety, which shall maintain a	7212
record of each licensee and registered employee and make it	7213
available, upon request, to any law enforcement agency. The class	7214
A, B, or C licensee shall file an application to register a new	7215
employee no sooner than three days nor later than seven calendar	7216
days after the date on which the employee is hired.	7217

(B)(1) Each employee's registration application shall be	7218
accompanied by one recent photograph of the employee, the	7219
employee's physical description, and the registration fee the	7220
director determines, not to exceed forty dollars.	7221

(2) The employee shall submit one complete set of	7222
fingerprints directly to the superintendent of the bureau of	7223
criminal identification and investigation for the purpose of	7224
conducting a criminal records check. The employee shall provide	7225
the fingerprints using a method the superintendent prescribes	7226
pursuant to division (C)(2) of section 109.572 of the Revised Code	7227
and fill out the form the superintendent prescribes pursuant to	7228
division (C)(1) of section 109.572 of the Revised Code. An	7229
employee who intends to carry a firearm as defined in section	7230
2923.11 of the Revised Code in the course of business or	7231
employment shall so notify the superintendent. This notification	7232
is in addition to any other requirement related to carrying a	7233
firearm that applies to the employee. The individual or	7234
corporation requesting the criminal records check shall pay the	7235
fee the superintendent prescribes.	7236

The superintendent shall conduct the criminal records check	7237
as set forth in division (B) of section 109.572 of the Revised	7238
Code. If an employee intends to carry a firearm in the course of	7239
business or employment, pursuant to division (B)(2) of section	7240
109.572 of the Revised Code the superintendent shall make a	7241
request of the federal bureau of investigation for any information	7242
and review the information the bureau provides. The superintendent	7243
shall submit all results of the completed investigation to the	7244
director of public safety.	7245

(3) If, after investigation, the bureau finds that the	7246
employee has not been convicted of a ~~felony~~disqualifying offense	7247
as defined in section 4776.10 of the Revised Code within the last	7248
~~twenty~~three years, the director shall issue to the employee an	7249
identification card bearing the license number and signature of	7250
the licensee, which in the case of a corporation shall be the	7251
signature of its president or its qualifying agent, and containing	7252
the employee's name, address, age, physical description, and right	7253
thumb print or other identifying mark as the director prescribes,	7254
a recent photograph of the employee, and the employee's signature.	7255
The director may issue a duplicate of a lost, spoliated, or	7256
destroyed identification card issued under this section, upon	7257
payment of a fee fixed by the director, not exceeding five	7258
dollars.	7259

(C) Except as provided in division (E) of this section, no	7260
class A, B, or C licensee shall permit an employee, other than an	7261
individual who qualified a corporation for licensure, to engage in	7262
the business of private investigation, the business of security	7263
services, or both businesses until the employee receives an	7264
identification card from the department, except that pending the	7265
issuance of an identification card, a class A, B, or C licensee	7266
may offer for hire security guard or investigator employees	7267
provided the licensee obtains a waiver from the person who	7268
receives, for hire, security guard or investigative services,	7269
acknowledging that the person is aware the employees have not	7270
completed their registration and agreeing to their employment.	7271

(D) If a class A, B, or C licensee, or a registered employee	7272
of a class A, B, or C licensee, intends to carry a firearm, as	7273
defined in section 2923.11 of the Revised Code, in the course of	7274
engaging in the business or employment, the licensee or registered	7275
employee shall satisfactorily complete a firearms basic training	7276
program that includes twenty hours of handgun training and five	7277
hours of training in the use of other firearms, if any other	7278
firearm is to be used, or equivalency training, if authorized, or	7279
shall be a former peace officer who previously had successfully	7280
completed a firearms training course, shall receive a certificate	7281
of satisfactory completion of that program or written evidence of	7282
approval of the equivalency training, shall file an application	7283
for registration, shall receive a firearm-bearer notation on the	7284
licensee's or registered employee's identification card, and shall	7285
annually requalify on a firearms range, all as described in	7286
division (A) of section 4749.10 of the Revised Code. A private	7287
investigator, security guard provider, or employee is authorized	7288
to carry a firearm only in accordance with that division.	7289

(E) This section does not apply to commissioned peace	7290
officers, as defined in division (B) of section 2935.01 of the	7291
Revised Code, working for, either as an employee or independent	7292
contractor, a class A, B, or C licensee. For purposes of this	7293
chapter, a commissioned peace officer is an employee exempt from	7294
registration.	7295

(F) The registration of an investigator or security guard	7296
employee expires annually on the anniversary date of its initial	7297
issuance. Annual renewals shall be made pursuant to procedures the	7298
director establishes by rule and upon payment of a renewal fee the	7299
director determines, not to exceed thirty-five dollars. The	7300
director shall not renew the registration of any investigator or	7301
security guard employee who no longer meets the requirements of	7302
this section. No background check is required for annual renewal,	7303
but an investigator or security guard employee shall report any	7304
~~felony~~ conviction of a disqualifying offense to the employer and	7305
the director of public safety as a condition of continued	7306
registration.	7307

Sec. 4776.10. As used in Chapters 3772., 4713., 4738., 4740.,	7308
4747., and 4749. and sections 4725.40 to 4725.59 of the Revised	7309
Code:	7310

(A) "Crime of moral turpitude" or "moral turpitude" means all	7311
of the following:	7312

(1) A violation of section 2903.01 or 2903.02 of the Revised	7313
Code;	7314

(2) A sexually oriented offense as defined in section 2950.01	7315
of the Revised Code;	7316

(3) An offense that is an offense of violence as defined in	7317
section 2901.01 of the Revised Code, if the offense is a felony of	7318
the first or second degree;	7319

(4) Complicity in committing an offense described in division	7320
(A)(1) of this section;	7321

(5) An attempt or conspiracy to commit or complicity in	7322
committing any offense described in division (A)(1), (2), (3), or	7323
(4) of this section if the attempt, conspiracy, or complicity is a	7324
felony of the first or second degree;	7325

(6) A violation of any former law of this state, any existing	7326
or former municipal ordinance or law of another state or the	7327
United States, any existing or former law applicable in a military	7328
court or in an Indian tribal court, or any existing or former law	7329
of any nation other than the United States that is or was	7330
substantially equivalent to any offense listed in division (A)(1),	7331
(2), (3), (4), or (5) of this section.	7332

(B) "Direct nexus" means that the nature of the offense for	7333
which the individual was convicted or to which the individual	7334
pleaded guilty has a direct bearing on the fitness or ability of	7335
the individual to perform one or more of the duties or	7336
responsibilities necessarily related to a particular occupation,	7337
profession, or trade.	7338

(C) "Disqualifying offense" means an offense that is a felony	7339
and that has a direct nexus to an individual's proposed or current	7340
field of licensure, certification, or employment.	7341

Sec. 5120.07. (A) There is hereby created the ex-offender	7342
reentry coalition consisting of the following ~~seventeen~~eighteen	7343
members or their designees:	7344

(1) The director of rehabilitation and correction;

7345

(2) The director of aging;

7346

(3) The director of alcohol and drug addiction services;

7347

(4) The director of development;

7348

(5) The superintendent of public instruction;

7349

(6) The director of health;

7350

(7) The director of job and family services;

7351

(8) The director of mental health;

7352

(9) The director of developmental disabilities;

7353

(10) The director of public safety;

7354

(11) The director of youth services;

7355

(12) The chancellor of the Ohio board of regents;

7356

(13) A representative or member of the governor's staff;

7357

(14) The director of the rehabilitation services commission;

7358

(15) The director of the department of commerce;

7359

(16) The executive director of a health care licensing board	7360
created under Title XLVII of the Revised Code, as appointed by the	7361
chairperson of the coalition;	7362

(17) The director of veterans services;

7363

(18) An ex-offender appointed by the director of	7364
rehabilitation and correction.	7365

(B) The members of the coalition shall serve without	7366
compensation. The director of rehabilitation and correction or the	7367
director's designee shall be the chairperson of the coalition.	7368

(C) In consultation with persons interested and involved in	7369
the reentry of ex-offenders into the community, including but not	7370
limited to, service providers, community-based organizations, and	7371
local governments, the coalition shall identify and examine social	7372
service barriers and other obstacles to the reentry of	7373
ex-offenders into the community. Not later than one year after	7374
April 7, 2009, and on or before the same date of each year	7375
thereafter, the coalition shall submit to the speaker of the house	7376
of representatives and the president of the senate a report,	7377
including recommendations for legislative action, the activities	7378
of the coalition, and the barriers affecting the successful	7379
reentry of ex-offenders into the community. The report shall	7380
analyze the effects of those barriers on ex-offenders and on their	7381
children and other family members in various areas, including but	7382
not limited to, the following:	7383

(1) Admission to public and other housing;

7384

(2) Child support obligations and procedures;

7385

(3) Parental incarceration and family reunification;

7386

(4) Social security benefits, veterans' benefits, food	7387
stamps, and other forms of public assistance;	7388

(5) Employment;

7389

(6) Education programs and financial assistance;

7390

(7) Substance abuse, mental health, and sex offender	7391
treatment programs and financial assistance;	7392

(8) Civic and political participation;

7393

(9) Other collateral consequences under the Revised Code or	7394
the Ohio administrative code law that may result from a criminal	7395
conviction.	7396

(D)(1) The report shall also include the following	7397
information:	7398

(a) Identification of state appropriations for reentry	7399
programs;	7400

(b) Identification of other funding sources for reentry	7401
programs that are not funded by the state;	7402

(2) The coalition shall gather information about reentry	7403
programs in a repository maintained and made available by the	7404
coalition. Where available, the information shall include the	7405
following:	7406

(a) The amount of funding received;

7407

(b) The number of program participants;

7408

(c) The composition of the program, including program goals,	7409
methods for measuring success, and program success rate;	7410

(d) The type of post-program tracking that is utilized;

7411

(e) Information about employment rates and recidivism rates	7412
of ex-offenders.	7413

(E) The coalition shall cease to exist on December 31, 2014.

7414

Sec. 5502.011. (A) As used in this section, "department of	7415
public safety" and "department" include all divisions within the	7416
department of public safety.	7417

(B) The director ~~of the department~~ of public safety is the	7418
chief executive and administrative officer of the department. The	7419
director may establish policies governing the department, the	7420
performance of its employees and officers, the conduct of its	7421
business, and the custody, use, and preservation of departmental	7422
records, papers, books, documents, and property. The director also	7423
may authorize and approve investigations to be conducted by any of	7424
the department's divisions. Whenever the Revised Code imposes a	7425
duty upon or requires an action of the department, the director	7426
may perform the action or duty in the name of the department or	7427
direct such performance to be performed by the director's	7428
designee.	7429

(C) In addition to any other duties enumerated in the Revised	7430
Code, the director or the director's designee shall do all of the	7431
following:	7432

(1) Administer and direct the performance of the duties of	7433
the department;	7434

(2) Pursuant to Chapter 119. of the Revised Code, approve,	7435
adopt, and prescribe such forms and rules as are necessary to	7436
carry out the duties of the department;	7437

(3) On behalf of the department and in addition to any	7438
authority the Revised Code otherwise grants to the department,	7439
have the authority and responsibility for approving and entering	7440
into contracts, agreements, and other business arrangements;	7441

(4) Make appointments for the department as needed to comply	7442
with requirements of the Revised Code;	7443

(5) Approve employment actions of the department, including	7444
appointments, promotions, discipline, investigations, and	7445
terminations;	7446

(6) Accept, hold, and use, for the benefit of the department,	7447
any gift, donation, bequest, or devise, and may agree to and	7448
perform all conditions of the gift, donation, bequest, or devise,	7449
that are not contrary to law;	7450

(7) Apply for, allocate, disburse, and account for grants	7451
made available under federal law or from other federal, state, or	7452
private sources;	7453

(8) Develop a list of disqualifying offenses for licensure as	7454
a private investigator or a security guard provider pursuant to	7455
sections 4749.03, 4749.04, 4749.10, and 4776.10 of the Revised	7456
Code;	7457

(9) Do all other acts necessary or desirable to carry out	7458
this chapter.	7459

(D)(1) The director of public safety may assess a reasonable	7460
fee, plus the amount of any charge or fee passed on from a	7461
financial institution, on a drawer or indorser for each of the	7462
following:	7463

(a) A check, draft, or money order that is returned or	7464
dishonored;	7465

(b) An automatic bank transfer that is declined, due to	7466
insufficient funds or for any other reason;	7467

(c) Any financial transaction device that is returned or	7468
dishonored for any reason.	7469

(2) The director shall deposit any fee collected under this	7470
division in an appropriate fund as determined by the director	7471
based on the tax, fee, or fine being paid.	7472

(3) As used in this division, "financial transaction device"	7473
has the same meaning as in section 113.40 of the Revised Code.	7474

(E) The director shall establish a homeland security advisory	7475
council to advise the director on homeland security, including	7476
homeland security funding efforts. The advisory council shall	7477
include, but not be limited to, state and local government	7478
officials who have homeland security or emergency management	7479
responsibilities and who represent first responders. The director	7480
shall appoint the members of the council, who shall serve without	7481
compensation.	7482

(F) The director of public safety shall adopt rules in	7483
accordance with Chapter 119. of the Revised Code as required by	7484
section 2909.28 of the Revised Code and division (A)(1) of section	7485
2909.32 of the Revised Code. The director shall adopt rules as	7486
required by division (D) of section 2909.32 of the Revised Code,	7487
division (E) of section 2909.33 of the Revised Code, and division	7488
(D) of section 2909.34 of the Revised Code. The director may adopt	7489
rules pursuant to division (A)(2) of section 2909.32 of the	7490
Revised Code, division (A)(2) of section 2909.33 of the Revised	7491
Code, and division (A)(2) of section 2909.34 of the Revised Code.	7492

Sec. 5743.99. (A)(1) Except as provided in division (A)(2)	7493
of this section, whoever violates section 5743.10, 5743.11, or	7494
5743.12 or division (C) of section 5743.54 of the Revised Code is	7495
guilty of a misdemeanor of the first degree. If the offender has	7496
been previously convicted of an offense under this division,	7497
violation is a felony of the fourth degree.	7498

(2) Unless the total number of cigarettes exceeds one	7499
thousand two hundred, an individual who violates section 5743.10	7500
of the Revised Code is guilty of a minor misdemeanor. If the	7501
offender has been previously convicted of an offense under this	7502
division, violation is a misdemeanor of the first degree.	7503

(B) Whoever violates section 5743.111, 5743.112, 5743.13,	7504
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a	7505
felony of the fourth degree. If the offender has been previously	7506
convicted of an offense under this division, violation is a felony	7507
of the second degree.	7508

(C) Whoever violates section 5743.41 or 5743.42 of the	7509
Revised Code is guilty of a misdemeanor of the fourth degree. If	7510
the offender has been previously convicted of an offense under	7511
this division, violation is a misdemeanor of the third degree.	7512

(D) Whoever violates section 5743.21 of the Revised Code is	7513
guilty of a misdemeanor of the first degree. If the offender has	7514
been previously convicted of an offense under this division,	7515
violation is a felony of the fifth degree.	7516

(E) Whoever violates division (F) of section 5743.03 of the	7517
Revised Code is guilty of a misdemeanor of the fourth degree.	7518

(F) Whoever violates any provision of this chapter, or any	7519
rule promulgated by the tax commissioner under authority of this	7520
chapter, for the violation of which no penalty is provided	7521
elsewhere, is guilty of a misdemeanor of the fourth degree.	7522

(G) In addition to any other penalty imposed upon a person	7523
convicted of a violation of section 5743.112 or 5743.60 of the	7524
Revised Code who was the operator of a motor vehicle used in the	7525
violation, the court ~~shall~~may suspend for not less than thirty	7526
days or more than three years the offender's driver's license,	7527
commercial driver's license, temporary instruction permit,	7528
probationary license, or nonresident operating privilege. ~~The~~If	7529
the court imposes such a suspension, the court shall send a copy	7530
of its suspension order and determination to the registrar of	7531
motor vehicles, and the registrar, pursuant to the order and	7532
determination, shall impose a suspension of the same duration. No	7533
judge shall suspend the first thirty days of suspension of an	7534
offender's license, permit, or privilege required by this	7535
division. The court, in lieu of suspending the offender's driver's	7536
or commercial driver's license or permit or nonresident operating	7537
privilege, instead may require the offender to perform community	7538
service for a number of hours determined by the court.	7539

Section 2. That existing sections 109.572, 109.578, 149.43,	7540
2151.356, 2151.357, 2152.02, 2152.26, 2901.01, 2907.24, 2913.02,	7541
2923.122, 2925.14, 2949.08, 2953.31, 2953.32, 2953.34, 2953.36,	7542
2967.01, 2967.04, 2967.06, 2967.191, 3119.01, 3119.05, 3123.58,	7543
3772.07, 4301.99, 4501.02, 4503.233, 4503.234, 4507.02, 4507.164,	7544
4509.06, 4509.101, 4510.10, 4510.11, 4510.111, 4510.16, 4510.161,	7545
4510.41, 4513.02, 4513.021, 4513.99, 4713.07, 4713.28, 4725.44,	7546
4725.48, 4725.52, 4725.53, 4738.04, 4738.07, 4740.05, 4740.06,	7547
4740.10, 4747.04, 4747.05, 4747.10, 4747.12, 4749.03, 4749.04,	7548
4749.06, 5120.07, 5502.011, and 5743.99 of the Revised Code are	7549
hereby repealed.	7550

Section 3. The Bureau of Motor Vehicles shall conduct a study	7551
on the advisability and feasibility of there being held in this	7552
state a one-time amnesty program for the payment of fees and fines	7553
owed by persons who have pleaded guilty to or been convicted of	7554
motor vehicle traffic and equipment offenses or have had their	7555
driver's license, commercial driver's license, or temporary	7556
instruction permit suspended for any reason by this state. The	7557
Bureau may confer with any public or private organization or	7558
entity that the Bureau determines could be of assistance to the	7559
Bureau in conducting the study. The Bureau shall study all aspects	7560
of such a program, including its scope, duration, the amounts or	7561
percentages of fees or fines persons would be permitted to pay	7562
under the program, and which persons would be eligible to	7563
participate in the program.	7564

Not later than six months after the effective date of this	7565
section, the Bureau shall issue a report containing the results of	7566
the study. The Bureau shall furnish copies of its report to the	7567
Governor, the Ohio Senate, and the Ohio House of Representatives.	7568

Section 4. The General Assembly, applying the principle	7569
stated in division (B) of section 1.52 of the Revised Code that	7570
amendments are to be harmonized if reasonably capable of	7571
simultaneous operation, finds that the following sections,	7572
presented in this act as composites of the sections as amended by	7573
the acts indicated, are the resulting versions of the sections in	7574
effect prior to the effective date of the sections as presented in	7575
this act:	7576

Section 149.43 of the Revised Code as amended by both Sub.	7577
H.B. 64 and Am. Sub. H.B. 153 of the 129th General Assembly.	7578

Section 4503.234 of the Revised Code as amended by both Sub.	7579
H.B. 241 and Am. Sub. H.B. 461 of the 126th General Assembly.	7580

Section 4507.164 of the Revised Code as amended by both Sub.	7581
H.B. 5 and Am. Sub. H.B. 153 of the 129th General Assembly.	7582

Section 5. The amendment of section 5120.07 of the Revised	7583
Code is not intended to supersede the earlier repeal, with delayed	7584
effective date, of that section.	7585