As Reported by the House Criminal Justice Committee
129th General Assembly | Regular Session | 2011-2012 |
| |
Representatives McGregor, Heard
Cosponsors:
Representatives Williams, Sears, Garland, Driehaus, Brenner, Fedor, Yuko, Winburn, Antonio, Phillips, Letson, Conditt
A BILL
To amend sections 109.57, 109.572, 109.578, 2151.356,
2152.02, 2152.18, 2152.26, 2705.031, 2907.24,
2913.02, 2923.122, 2925.14, 2925.38, 2947.23,
2949.08, 2953.31, 2953.32, 2953.34, 2953.36,
2967.191, 3119.01, 3119.05, 3123.58, 3772.10,
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, 4510.17, 4510.41,
4510.54, 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, 4776.04, 5111.032, 5111.033,
5111.034, 5120.07, 5502.011, and 5743.99, and to
enact sections 2925.141, 2953.25, 4776.021, and
4776.10 of the Revised Code to exclude most
juvenile proceedings and adjudications from
criminal records checks; 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 make the use
or possession with purpose to use drug
paraphernalia with marihuana a minor misdemeanor;
to provide that a court's failure to warn an
offender at sentencing about the possibility that
the court may order community service if the
offender fails to pay the costs of prosecution
does not negate or limit the authority of the
court to so order community service; 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 and establish a procedure for the review
of such petitions; to permit the court of common
pleas of the individual's county of residence to
issue a certificate of qualification for
employment; to permit decision-makers to consider
on a case-by-case basis whether to grant or deny
the issuance or restoration of an occupational
license or employment opportunity to an offender
who has been issued such a certificate regardless
of the offender's possession of the certificate
and without reconsidering or rejecting any finding
made by the issuing court; to provide for the
revocation of a certificate of qualification for
employment; 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 modify 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 Department of Public
Safety 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 provide for criminal records checks
and a license issuance restriction regarding
applicants for a trainee license for a profession
or occupation; to require the Casino Control
Commission to notify each applicant for a license
from the Commission who is denied the license of
the reasons for the denial and to provide an
annual report to the General Assembly and Governor
that specifies the number of license applications
denied in the year and the reasons for the denial;
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 109.57, 109.572, 109.578, 2151.356,
2152.02, 2152.18, 2152.26, 2705.031, 2907.24, 2913.02, 2923.122,
2925.14, 2925.38, 2947.23, 2949.08, 2953.31, 2953.32, 2953.34,
2953.36, 2967.191, 3119.01, 3119.05, 3123.58, 3772.10, 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, 4510.17, 4510.41,
4510.54, 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, 4776.04, 5111.032, 5111.033, 5111.034, 5120.07, 5502.011,
and 5743.99 be amended, and sections 2925.141, 2953.25, 4776.021,
and 4776.10 of the Revised Code be enacted to read as follows:
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from
wherever procurable and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other information
that may be pertinent of all persons who have been convicted of
committing within this state a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a),
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,
of all children under eighteen years of age who have been
adjudicated delinquent children for committing within this state
an act that would be a felony or an offense of violence if
committed by an adult or who have been convicted of or pleaded
guilty to committing within this state a felony or an offense of
violence, and of all well-known and habitual criminals. The person
in charge of any county, multicounty, municipal, municipal-county,
or multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a),
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or
having custody of a child under eighteen years of age with respect
to whom there is probable cause to believe that the child may have
committed an act that would be a felony or an offense of violence
if committed by an adult shall furnish such material to the
superintendent of the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of
age, has not been arrested or otherwise taken into custody for
committing an act that would be a felony or an offense of violence
who is not in any other category of child specified in this
division, if committed by an adult, has not been adjudicated a
delinquent child for committing an act that would be a felony or
an offense of violence if committed by an adult, has not been
convicted of or pleaded guilty to committing a felony or an
offense of violence, and is not a child with respect to whom there
is probable cause to believe that the child may have committed an
act that would be a felony or an offense of violence if committed
by an adult shall not be procured by the superintendent or
furnished by any person in charge of any county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or
workhouse, community-based correctional facility, halfway house,
alternative residential facility, or state correctional
institution, except as authorized in section 2151.313 of the
Revised Code.
(2) Every clerk of a court of record in this state, other
than the supreme court or a court of appeals, shall send to the
superintendent of the bureau a weekly report containing a summary
of each case involving a felony, involving any crime constituting
a misdemeanor on the first offense and a felony on subsequent
offenses, involving a misdemeanor described in division (A)(1)(a),
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,
or involving an adjudication in a case in which a child under
eighteen years of age was alleged to be a delinquent child for
committing an act that would be a felony or an offense of violence
if committed by an adult. The clerk of the court of common pleas
shall include in the report and summary the clerk sends under this
division all information described in divisions (A)(2)(a) to (f)
of this section regarding a case before the court of appeals that
is served by that clerk. The summary shall be written on the
standard forms furnished by the superintendent pursuant to
division (B) of this section and shall include the following
information:
(a) The incident tracking number contained on the standard
forms furnished by the superintendent pursuant to division (B) of
this section;
(b) The style and number of the case;
(c) The date of arrest, offense, summons, or arraignment;
(d) The date that the person was convicted of or pleaded
guilty to the offense, adjudicated a delinquent child for
committing the act that would be a felony or an offense of
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an
act that would be a felony or an offense of violence if committed
by an adult, the date of an entry dismissing the charge, an entry
declaring a mistrial of the offense in which the person is
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the
date of any other determination that constitutes final resolution
of the case;
(e) A statement of the original charge with the section of
the Revised Code that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or
was adjudicated a delinquent child, the sentence or terms of
probation imposed or any other disposition of the offender or the
delinquent child.
If the offense involved the disarming of a law enforcement
officer or an attempt to disarm a law enforcement officer, the
clerk shall clearly state that fact in the summary, and the
superintendent shall ensure that a clear statement of that fact is
placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs, chiefs of police, and other law enforcement officers in
the establishment of a complete system of criminal identification
and in obtaining fingerprints and other means of identification of
all persons arrested on a charge of a felony, any crime
constituting a misdemeanor on the first offense and a felony on
subsequent offenses, or a misdemeanor described in division
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the
Revised Code and of all children under eighteen years of age
arrested or otherwise taken into custody for committing an act
that would be a felony or an offense of violence if committed by
an adult. The superintendent also shall file for record the
fingerprint impressions of all persons confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution for the violation of state laws and of all children
under eighteen years of age who are confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution or in any facility for delinquent children for
committing an act that would be a felony or an offense of violence
if committed by an adult, and any other information that the
superintendent may receive from law enforcement officials of the
state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of the
Revised Code with respect to the registration of persons who are
convicted of or plead guilty to a sexually oriented offense or a
child-victim oriented offense and with respect to all other duties
imposed on the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping
functions for criminal history records and services in this state
for purposes of the national crime prevention and privacy compact
set forth in section 109.571 of the Revised Code and is the
criminal history record repository as defined in that section for
purposes of that compact. The superintendent or the
superintendent's designee is the compact officer for purposes of
that compact and shall carry out the responsibilities of the
compact officer specified in that compact.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution and to every clerk of
a court in this state specified in division (A)(2) of this section
standard forms for reporting the information required under
division (A) of this section. The standard forms that the
superintendent prepares pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible
formats and electronic formats.
(C)(1) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are
adjudicated delinquent children for committing an act that would
be a felony or an offense of violence if committed by an adult,
criminal activity, crime prevention, law enforcement, and criminal
justice, and may establish and operate a statewide communications
network to be known as the Ohio law enforcement gateway to gather
and disseminate information, data, and statistics for the use of
law enforcement agencies and for other uses specified in this
division. The superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to
children who are under eighteen years of age and that are gathered
pursuant to sections 109.57 to 109.61 of the Revised Code together
with information, data, and statistics that pertain to adults and
that are gathered pursuant to those sections.
(2) The superintendent or the superintendent's designee shall
gather information of the nature described in division (C)(1) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for inclusion in the
state registry of sex offenders and child-victim offenders
maintained pursuant to division (A)(1) of section 2950.13 of the
Revised Code and in the internet database operated pursuant to
division (A)(13) of that section and for possible inclusion in the
internet database operated pursuant to division (A)(11) of that
section.
(3) In addition to any other authorized use of information,
data, and statistics of the nature described in division (C)(1) of
this section, the superintendent or the superintendent's designee
may provide and exchange the information, data, and statistics
pursuant to the national crime prevention and privacy compact as
described in division (A)(5) of this section.
(4) The attorney general may adopt rules under Chapter 119.
of the Revised Code establishing guidelines for the operation of
and participation in the Ohio law enforcement gateway. The rules
may include criteria for granting and restricting access to
information gathered and disseminated through the Ohio law
enforcement gateway. The attorney general shall permit the state
medical board and board of nursing to access and view, but not
alter, information gathered and disseminated through the Ohio law
enforcement gateway.
The attorney general may appoint a steering committee to
advise the attorney general in the operation of the Ohio law
enforcement gateway that is comprised of persons who are
representatives of the criminal justice agencies in this state
that use the Ohio law enforcement gateway and is chaired by the
superintendent or the superintendent's designee.
(D)(1) The following are not public records under section
149.43 of the Revised Code:
(a) Information and materials furnished to the superintendent
pursuant to division (A) of this section;
(b) Information, data, and statistics gathered or
disseminated through the Ohio law enforcement gateway pursuant to
division (C)(1) of this section;
(c) Information and materials furnished to any board or
person under division (F) or (G) of this section.
(2) The superintendent or the superintendent's designee shall
gather and retain information so furnished under division (A) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for the purposes
described in division (C)(2) of this section.
(E)(1) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code and subject to division
(E)(2) of this section, setting forth the procedure by which a
person may receive or release information gathered by the
superintendent pursuant to division (A) of this section. A
reasonable fee may be charged for this service. If a temporary
employment service submits a request for a determination of
whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), (5), or (6) of section
109.572 of the Revised Code, the request shall be treated as a
single request and only one fee shall be charged.
(2) Except as otherwise provided in this division, a rule
adopted under division (E)(1) of this section may provide only for
the release of information gathered pursuant to division (A) of
this section that relates to the conviction of a person, or a
person's plea of guilty to, a criminal offense. The superintendent
shall not release, and the attorney general shall not adopt any
rule under division (E)(1) of this section that permits the
release of, any information gathered pursuant to division (A) of
this section that relates to an adjudication of a child as a
delinquent child, or that relates to a criminal conviction of a
person under eighteen years of age if the person's case was
transferred back to a juvenile court under division (B)(2) or (3)
of section 2152.121 of the Revised Code and the juvenile court
imposed a disposition or serious youthful offender disposition
upon the person under either division, unless either of the
following applies with respect to the adjudication or conviction:
(a) The adjudication or conviction was for a violation of
section 2903.01 or 2903.02 of the Revised Code.
(b) The adjudication or conviction was for a sexually
oriented offense, the juvenile court was required to classify the
child a juvenile offender registrant for that offense under
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that
classification has not been removed.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been approved
to be an agency for purposes of subchapter II of the "Community
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,
as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, division (C) of section 3310.58, or section 3319.39,
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the
Revised Code, the board of education of any school district; the
director of developmental disabilities; any county board of
developmental disabilities; any entity under contract with a
county board of developmental disabilities; the chief
administrator of any chartered nonpublic school; the chief
administrator of a registered private provider that is not also a
chartered nonpublic school; the chief administrator of any home
health agency; the chief administrator of or person operating any
child day-care center, type A family day-care home, or type B
family day-care home licensed or certified under Chapter 5104. of
the Revised Code; the administrator of any type C family day-care
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start
agency; the executive director of a public children services
agency; a private company described in section 3314.41, 3319.392,
3326.25, or 3328.20 of the Revised Code; or an employer described
in division (J)(2) of section 3327.10 of the Revised Code may
request that the superintendent of the bureau investigate and
determine, with respect to any individual who has applied for
employment in any position after October 2, 1989, or any
individual wishing to apply for employment with a board of
education may request, with regard to the individual, whether the
bureau has any information gathered under division (A) of this
section that pertains to that individual. On receipt of the
request, subject to division (E)(2) of this section, the
superintendent shall determine whether that information exists
and, upon request of the person, board, or entity requesting
information, also shall request from the federal bureau of
investigation any criminal records it has pertaining to that
individual. The superintendent or the superintendent's designee
also may request criminal history records from other states or the
federal government pursuant to the national crime prevention and
privacy compact set forth in section 109.571 of the Revised Code.
Within thirty days of the date that the superintendent receives a
request, subject to division (E)(2) of this section, the
superintendent shall send to the board, entity, or person a report
of any information that the superintendent determines exists,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty days
of its receipt, subject to division (E)(2) of this section, shall
send the board, entity, or person a report of any information
received from the federal bureau of investigation, other than
information the dissemination of which is prohibited by federal
law.
(b) When a board of education or a registered private
provider is required to receive information under this section as
a prerequisite to employment of an individual pursuant to division
(C) of section 3310.58 or section 3319.39 of the Revised Code, it
may accept a certified copy of records that were issued by the
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a
case, the board shall accept the certified copy issued by the
bureau in order to make a photocopy of it for that individual's
employment application documents and shall return the certified
copy to the individual. In a case of that nature, a district or
provider only shall accept a certified copy of records of that
nature within one year after the date of their issuance by the
bureau.
(c) Notwithstanding division (F)(2)(a) of this section, in
the case of a request under section 3319.39, 3319.391, or 3327.10
of the Revised Code only for criminal records maintained by the
federal bureau of investigation, the superintendent shall not
determine whether any information gathered under division (A) of
this section exists on the person for whom the request is made.
(3) The state board of education may request, with respect to
any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2) of this
section, and the superintendent of the bureau shall proceed as if
the request has been received from a school district board of
education under division (F)(2) of this section.
(4) When the superintendent of the bureau receives a request
for information under section 3319.291 of the Revised Code, the
superintendent shall proceed as if the request has been received
from a school district board of education and shall comply with
divisions (F)(2)(a) and (c) of this section.
(5) When a recipient of a classroom reading improvement grant
paid under section 3301.86 of the Revised Code requests, with
respect to any individual who applies to participate in providing
any program or service funded in whole or in part by the grant,
the information that a school district board of education is
authorized to request under division (F)(2)(a) of this section,
the superintendent of the bureau shall proceed as if the request
has been received from a school district board of education under
division (F)(2)(a) of this section.
(G) In addition to or in conjunction with any request that is
required to be made under section 3701.881, 3712.09, 3721.121,
5119.693, or 5119.85 of the Revised Code with respect to an
individual who has applied for employment in a position that
involves providing direct care to an older adult or adult
resident, the chief administrator of a home health agency, hospice
care program, home licensed under Chapter 3721. of the Revised
Code, adult day-care program operated pursuant to rules adopted
under section 3721.04 of the Revised Code, adult foster home, or
adult care facility may request that the superintendent of the
bureau investigate and determine, with respect to any individual
who has applied after January 27, 1997, for employment in a
position that does not involve providing direct care to an older
adult or adult resident, whether the bureau has any information
gathered under division (A) of this section that pertains to that
individual.
In addition to or in conjunction with any request that is
required to be made under section 173.27 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing ombudsperson services to
residents of long-term care facilities or recipients of
community-based long-term care services, the state long-term care
ombudsperson, ombudsperson's designee, or director of health may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing such ombudsperson
services, whether the bureau has any information gathered under
division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is
required to be made under section 173.394 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing direct care to an individual, the
chief administrator of a community-based long-term care agency may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing direct care, whether the
bureau has any information gathered under division (A) of this
section that pertains to that applicant.
On receipt of a request under this division, the
superintendent shall determine whether that information exists
and, on request of the individual requesting information, shall
also request from the federal bureau of investigation any criminal
records it has pertaining to the applicant. The superintendent or
the superintendent's designee also may request criminal history
records from other states or the federal government pursuant to
the national crime prevention and privacy compact set forth in
section 109.571 of the Revised Code. Within thirty days of the
date a request is received, subject to division (E)(2) of this
section, the superintendent shall send to the requester a report
of any information determined to exist, including information
contained in records that have been sealed under section 2953.32
of the Revised Code, and, within thirty days of its receipt, shall
send the requester a report of any information received from the
federal bureau of investigation, other than information the
dissemination of which is prohibited by federal law.
(H) Information obtained by a government entity or person
under this section is confidential and shall not be released or
disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2) or
(G) of this section.
(J) As used in this section:
(1) "Sexually oriented offense" and "child-victim oriented
offense" have the same meanings as in section 2950.01 of the
Revised Code.
(2) "Registered private provider" means a nonpublic school or
entity registered with the superintendent of public instruction
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code
to participate in the Jon Peterson special needs scholarship
program.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,
a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section.
(2) On receipt of a request pursuant to section 5123.081 of
the Revised Code with respect to an applicant for employment in
any position with the department of developmental disabilities,
pursuant to section 5126.28 of the Revised Code with respect to an
applicant for employment in any position with a county board of
developmental disabilities, or pursuant to section 5126.281 of the
Revised Code with respect to an applicant for employment in a
direct services position with an entity contracting with a county
board for employment, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(2)(a) of
this section.
(3) On receipt of a request pursuant to section 173.27,
173.394, 3712.09, 3721.121, 5119.693, or 5119.85 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for employment in a position for
which a criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency as a person responsible for the care,
custody, or control of a child, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.032,
5111.033, or 5111.034 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set
of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of, has pleaded guilty to, or has
been found eligible for intervention in lieu of conviction for any
of the following, regardless of the date of the conviction, the
date of entry of the guilty plea, or the date the person was found
eligible for intervention in lieu of conviction:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141,
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date;
(b) A violation of an existing or former municipal ordinance
or law of this state, any other state, or the United States that
is substantially equivalent to any of the offenses listed in
division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency in a position that involves providing direct
care to an older adult, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request
pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, in addition to the determination made under
division (A)(1) of this section, the superintendent shall
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any offense specified in section
3319.31 of the Revised Code.
(8) On receipt of a request pursuant to section 2151.86 of
the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11
of the Revised Code, a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, a violation of section
2919.23 of the Revised Code that would have been a violation of
section 2905.04 of the Revised Code as it existed prior to July 1,
1996, had the violation been committed prior to that date, a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense, two or more OVI or OVUAC violations
committed within the three years immediately preceding the
submission of the application or petition that is the basis of the
request, or felonious sexual penetration in violation of former
section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(8)(a) of
this section.
(9) Upon receipt of a request pursuant to section 5104.012 or
5104.013 of the Revised Code, a completed form prescribed pursuant
to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, a violation of section 2923.02 or 2923.03 of
the Revised Code that relates to a crime specified in this
division, or a second violation of section 4511.19 of the Revised
Code within five years of the date of application for licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(10)(a) of
this section.
(11) On receipt of a request for a criminal records check
from an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. The Subject to
division (F) of this section, the superintendent shall report the
findings of the criminal records check and any information the
federal bureau of investigation provides to the director of public
safety.
(12) On receipt of a request pursuant to section 1321.37,
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for a license, permit, or
certification from the department of commerce or a division in the
department. The superintendent shall conduct the criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following: a
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or
2925.03 of the Revised Code; any other criminal offense involving
theft, receiving stolen property, embezzlement, forgery, fraud,
passing bad checks, money laundering, or drug trafficking, or any
criminal offense involving money or securities, as set forth in
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of
the Revised Code; or any existing or former law of this state, any
other state, or the United States that is substantially equivalent
to those offenses.
(13) On receipt of a request for a criminal records check
from the treasurer of state under section 113.041 of the Revised
Code or from an individual under section 4701.08, 4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,
4762.031, 4762.06, 4776.021, or 4779.091 of the Revised Code,
accompanied by a completed form prescribed under division (C)(1)
of this section and a set of fingerprint impressions obtained in
the manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request has been convicted of or pleaded guilty to
any criminal offense in this state or any other state. The Subject
to division (F) of this section, the superintendent shall send the
results of a check requested under section 113.041 of the Revised
Code to the treasurer of state and shall send the results of a
check requested under any of the other listed sections to the
licensing board specified by the individual in the request.
(14) On receipt of a request pursuant to section 1121.23,
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any criminal offense under any existing or former law of
this state, any other state, or the United States.
(15) On receipt of a request for a criminal records check
from an appointing or licensing authority under section 3772.07 of
the Revised Code, a completed form prescribed under division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner prescribed in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty or no contest to any offense under
any existing or former law of this state, any other state, or the
United States that is a disqualifying offense as defined in
section 3772.07 of the Revised Code or substantially equivalent to
such an offense.
(16) Not Subject to division (F) of this section, not later
than thirty days after the date the superintendent receives a
request of a type described in division (A)(1), (2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this
section, the completed form, and the fingerprint impressions, the
superintendent shall send the person, board, or entity that made
the request any information, other than information the
dissemination of which is prohibited by federal law, the
superintendent determines exists with respect to the person who is
the subject of the request that indicates that the person
previously has been convicted of or pleaded guilty to any offense
listed or described in division (A)(1), (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as
appropriate. The Subject to division (F) of this section, the
superintendent shall send the person, board, or entity that made
the request a copy of the list of offenses specified in division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),
(14), or (15) of this section, as appropriate. If the request was
made under section 3701.881 of the Revised Code with regard to an
applicant who may be both responsible for the care, custody, or
control of a child and involved in providing direct care to an
older adult, the superintendent shall provide a list of the
offenses specified in divisions (A)(4) and (6) of this section.
Not Subject to division (F) of this section, not later than
thirty days after the superintendent receives a request for a
criminal records check pursuant to section 113.041 of the Revised
Code, the completed form, and the fingerprint impressions, the
superintendent shall send the treasurer of state any information,
other than information the dissemination of which is prohibited by
federal law, the superintendent determines exist with respect to
the person who is the subject of the request that indicates that
the person previously has been convicted of or pleaded guilty to
any criminal offense in this state or any other state.
(B) The Subject to division (F) of this section, the
superintendent shall conduct any criminal records check requested
under section 113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03,
1163.05, 1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47,
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,
3721.121, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121,
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,
4776.021, 4779.091, 5104.012, 5104.013, 5111.032, 5111.033,
5111.034, 5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or
5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including, if the
criminal records check was requested under section 113.041,
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,
3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032,
5111.033, 5111.034, 5119.693, 5119.85, 5123.081, 5126.28,
5126.281, or 5153.111 of the Revised Code, any relevant
information contained in records that have been sealed under
section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request, including fingerprint-based
checks of national crime information databases as described in 42
U.S.C. 671 if the request is made pursuant to section 2151.86,
5104.012, or 5104.013 of the Revised Code or if any other Revised
Code section requires fingerprint-based checks of that nature, and
shall review or cause to be reviewed any information the
superintendent receives from that bureau. If a request under
section 3319.39 of the Revised Code asks only for information from
the federal bureau of investigation, the superintendent shall not
conduct the review prescribed by division (B)(1) of this section.
(3) The superintendent or the superintendent's designee may
request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is requested under
section 113.041 of the Revised Code or required by section 121.08,
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08,
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4776.021, 4779.091,
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693,
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised
Code. The form that the superintendent prescribes pursuant to this
division may be in a tangible format, in an electronic format, or
in both tangible and electronic formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is requested under section 113.041
of the Revised Code or required by section 121.08, 173.27,
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4776.021, 4779.091,
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693,
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised
Code. Any person for whom a records check is requested under or
required by any of those sections shall obtain the fingerprint
impressions at a county sheriff's office, municipal police
department, or any other entity with the ability to make
fingerprint impressions on the standard impression sheets
prescribed by the superintendent. The office, department, or
entity may charge the person a reasonable fee for making the
impressions. The standard impression sheets the superintendent
prescribes pursuant to this division may be in a tangible format,
in an electronic format, or in both tangible and electronic
formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4776.021,
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,
5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the
Revised Code. The person making a criminal records request under
any of those sections shall pay the fee prescribed pursuant to
this division. A person making a request under section 3701.881 of
the Revised Code for a criminal records check for an applicant who
may be both responsible for the care, custody, or control of a
child and involved in providing direct care to an older adult
shall pay one fee for the request. In the case of a request under
section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or
5111.032 of the Revised Code, the fee shall be paid in the manner
specified in that section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15)
of this section, or that indicates that a person previously has
been convicted of or pleaded guilty to any criminal offense in
this state or any other state regarding a criminal records check
of a type described in division (A)(13) of this section, and that
is made by the superintendent with respect to information
considered in a criminal records check in accordance with this
section is valid for the person who is the subject of the criminal
records check for a period of one year from the date upon which
the superintendent makes the determination. During the period in
which the determination in regard to a person is valid, if another
request under this section is made for a criminal records check
for that person, the superintendent shall provide the information
that is the basis for the superintendent's initial determination
at a lower fee than the fee prescribed for the initial criminal
records check.
(E) When the superintendent receives a request for
information from a registered private provider, the superintendent
shall proceed as if the request was received from a school
district board of education under section 3319.39 of the Revised
Code. The superintendent shall apply division (A)(7) of this
section to any such request for an applicant who is a teacher.
(F)(1) All information regarding the results of a criminal
records check conducted under this section that the superintendent
reports or sends under division (A)(11), (13), or (16) of this
section to the director of public safety, the treasurer of state,
or the person, board, or entity that made the request for the
criminal records check shall relate to the conviction of the
subject person, or the subject person's plea of guilty to, a
criminal offense.
(2) Division (F)(1) of this section does not limit, restrict,
or preclude the superintendent's release of information that
relates to an adjudication of a child as a delinquent child, or
that relates to a criminal conviction of a person under eighteen
years of age if the person's case was transferred back to a
juvenile court under division (B)(2) or (3) of section 2152.121 of
the Revised Code and the juvenile court imposed a disposition or
serious youthful offender disposition upon the person under either
division, if either of the following applies with respect to the
adjudication or conviction:
(a) The adjudication or conviction was for a violation of
section 2903.01 or 2903.02 of the Revised Code.
(b) The adjudication or conviction was for a sexually
oriented offense, as defined in section 2950.01 of the Revised
Code, the juvenile court was required to classify the child a
juvenile offender registrant for that offense under section
2152.82, 2152.83, or 2152.86 of the Revised Code, and that
classification has not been removed.
(G) As used in this section:
(1) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2) "Minor drug possession offense" has the same meaning as
in section 2925.01 of the Revised Code.
(3) "Older adult" means a person age sixty or older.
(4) "OVI or OVUAC violation" means a violation of section
4511.19 of the Revised Code or a violation of an existing or
former law of this state, any other state, or the United States
that is substantially equivalent to section 4511.19 of the Revised
Code.
(5) "Registered private provider" means a nonpublic school or
entity registered with the superintendent of public instruction
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code
to participate in the Jon Peterson special needs scholarship
program.
Sec. 109.578. (A) On receipt of a request pursuant to section
505.381, 737.081, 737.221, or 4765.301 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any of the following:
(2) A violation of section 2909.03 of the Revised Code;
(3) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1) or (2)
of this section.
(B) The Subject to division (E) of this section, the
superintendent shall conduct any criminal records check pursuant
to division (A) of this section as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including any
relevant information contained in records that have been sealed
under section 2953.32 of the Revised Code.
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request and shall review or cause to be
reviewed any information the superintendent receives from that
bureau.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is requested pursuant
to section 505.381, 737.081, 737.221, or 4765.301 of the Revised
Code. The form that the superintendent prescribes pursuant to this
division may be in a tangible format, in an electronic format, or
in both tangible and electronic formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is requested pursuant to section
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any
person for whom a records check is requested pursuant to any of
those sections shall obtain the fingerprint impressions at a
county sheriff's office, a municipal police department, or any
other entity with the ability to make fingerprint impressions on
the standard impression sheets prescribed by the superintendent.
The office, department, or entity may charge the person a
reasonable fee for making the impressions. The standard impression
sheets the superintendent prescribes pursuant to this division may
be in a tangible format, in an electronic format, or in both
tangible and electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The
person making the criminal records request shall pay the fee
prescribed pursuant to this division.
(4) The superintendent may prescribe methods of forwarding
fingerprint impressions and information necessary to conduct a
criminal records check. The methods shall include, but are not
limited to, an electronic method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division (A)
of this section and that the superintendent made with respect to
information considered in a criminal records check in accordance
with this section is valid for the person who is the subject of
the criminal records check for a period of one year from the date
upon which the superintendent makes the determination. During the
period in which the determination in regard to a person is valid,
if another request under this section is made for a criminal
records check for that person, the superintendent shall provide
the information that is the basis for the superintendent's initial
determination at a lower fee than the fee prescribed for the
initial criminal records check.
(E)(1) All information regarding the results of a criminal
records check conducted under this section that the superintendent
reports or sends under this section to the person, board, or
entity that made the request for the criminal records check shall
relate to the conviction of the subject person, or the subject
person's plea of guilty to, a criminal offense.
(2) Division (E)(1) of this section does not limit, restrict,
or preclude the superintendent's release of information that
relates to an adjudication of a child as a delinquent child, or
that relates to a criminal conviction of a person under eighteen
years of age if the person's case was transferred back to a
juvenile court under division (B)(2) or (3) of section 2152.121 of
the Revised Code and the juvenile court imposed a disposition or
serious youthful offender disposition upon the person under either
division, if either of the following applies with respect to the
adjudication or conviction:
(a) The adjudication or conviction was for a violation of
section 2903.01 or 2903.02 of the Revised Code.
(b) The adjudication or conviction was for a sexually
oriented offense, as defined in section 2950.01 of the Revised
Code, the juvenile court was required to classify the child a
juvenile offender registrant for that offense under section
2152.82, 2152.83, or 2152.86 of the Revised Code, and that
classification has not been removed.
(F) As used in this section, "criminal records check" means
any criminal records check conducted by the superintendent of the
bureau of criminal identification and investigation in accordance
with division (B) of this section.
Sec. 2151.356. (A) The records of a case in which a person
was adjudicated a delinquent child for committing a violation of
section 2903.01, 2903.02, or 2907.02, 2907.03, or 2907.05 of the
Revised Code shall not be sealed under this section.
(B)(1) The juvenile court shall promptly order the immediate
sealing of records pertaining to a juvenile in any of the
following circumstances:
(a) If the court receives a record from a public office or
agency under division (B)(2) of this section;
(b) If a person was brought before or referred to the court
for allegedly committing a delinquent or unruly act and the case
was resolved without the filing of a complaint against the person
with respect to that act pursuant to section 2151.27 of the
Revised Code;
(c) If a person was charged with violating division (E)(1) of
section 4301.69 of the Revised Code and the person has
successfully completed a diversion program under division
(E)(2)(a) of section 4301.69 of the Revised Code with respect to
that charge;
(d) If a complaint was filed against a person alleging that
the person was a delinquent child, an unruly child, or a juvenile
traffic offender and the court dismisses the complaint after a
trial on the merits of the case or finds the person not to be a
delinquent child, an unruly child, or a juvenile traffic offender;
(e) Notwithstanding division (C) of this section and subject
to section 2151.358 of the Revised Code, if a person has been
adjudicated an unruly child, that person has attained eighteen
years of age, and the person is not under the jurisdiction of the
court in relation to a complaint alleging the person to be a
delinquent child.
(2) The appropriate public office or agency shall immediately
deliver all original records at that public office or agency
pertaining to a juvenile to the court, if the person was arrested
or taken into custody for allegedly committing a delinquent or
unruly act, no complaint was filed against the person with respect
to the commission of the act pursuant to section 2151.27 of the
Revised Code, and the person was not brought before or referred to
the court for the commission of the act. The records delivered to
the court as required under this division shall not include
fingerprints, DNA specimens, and DNA records described under
division (A)(3) of section 2151.357 of the Revised Code.
(C)(1) The juvenile court shall consider the sealing of
records pertaining to a juvenile upon the court's own motion or
upon the application of a person if the person has been
adjudicated a delinquent child for committing an act other than a
violation of section 2903.01, 2903.02, or 2907.02, 2907.03, or
2907.05 of the Revised Code, an unruly child, or a juvenile
traffic offender and if, at the time of the motion or application,
the person is not under the jurisdiction of the court in relation
to a complaint alleging the person to be a delinquent child. The
court shall not require a fee for the filing of the application.
The motion or application may be made at any time after two years
after the later of six months after any of the following events
occur:
(a) The termination of any order made by the court in
relation to the adjudication;
(b) The unconditional discharge of the person from the
department of youth services with respect to a dispositional order
made in relation to the adjudication or from an institution or
facility to which the person was committed pursuant to a
dispositional order made in relation to the adjudication;
(c) The court enters an order under section 2152.84 or
2152.85 of the Revised Code that contains a determination that the
child is no longer a juvenile offender registrant.
(2) In making the determination whether to seal records
pursuant to division (C)(1) of this section, all of the following
apply:
(a) The court may require a person filing an application
under division (C)(1) of this section to submit any relevant
documentation to support the application.
(b) The court may cause an investigation to be made to
determine if the person who is the subject of the proceedings has
been rehabilitated to a satisfactory degree.
(c) The court shall promptly notify the prosecuting attorney
of any proceedings to seal records initiated pursuant to division
(C)(1) of this section.
(d)(i) The prosecuting attorney may file a response with the
court within thirty days of receiving notice of the sealing
proceedings.
(ii) If the prosecuting attorney does not file a response
with the court or if the prosecuting attorney files a response but
indicates that the prosecuting attorney does not object to the
sealing of the records, the court may order the records of the
person that are under consideration to be sealed without
conducting a hearing on the motion or application. If the court
decides in its discretion to conduct a hearing on the motion or
application, the court shall conduct the hearing within thirty
days after making that decision and shall give notice, by regular
mail, of the date, time, and location of the hearing to the
prosecuting attorney and to the person who is the subject of the
records under consideration.
(iii) If the prosecuting attorney files a response with the
court that indicates that the prosecuting attorney objects to the
sealing of the records, the court shall conduct a hearing on the
motion or application within thirty days after the court receives
the response. The court shall give notice, by regular mail, of the
date, time, and location of the hearing to the prosecuting
attorney and to the person who is the subject of the records under
consideration.
(e) After conducting a hearing in accordance with division
(C)(2)(d) of this section or after due consideration when a
hearing is not conducted, except as provided in division (B)(1)(c)
of this section, the court may order the records of the person
that are the subject of the motion or application to be sealed if
it finds that the person has been rehabilitated to a satisfactory
degree. In determining whether the person has been rehabilitated
to a satisfactory degree, the court may consider all of the
following:
(i) The age of the person;
(ii) The nature of the case;
(iii) The cessation or continuation of delinquent, unruly, or
criminal behavior;
(iv) The education and employment history of the person;
(v) The granting of a new tier classification or
declassification from the juvenile offender registry pursuant to
section 2152.85 of the Revised Code, except for public
registry-qualified juvenile offender registrants;
(vi) Any other circumstances that may relate to the
rehabilitation of the person who is the subject of the records
under consideration.
(D)(1)(a) The juvenile court shall provide verbal notice to a
person whose records are sealed under division (B) of this
section, if that person is present in the court at the time the
court issues a sealing order, that explains what sealing a record
means, states that the person may apply to have those records
expunged under section 2151.358 of the Revised Code, and explains
what expunging a record means.
(b) The juvenile court shall provide written notice to a
person whose records are sealed under division (B) of this section
by regular mail to the person's last known address, if that person
is not present in the court at the time the court issues a sealing
order and if the court does not seal the person's record upon the
court's own motion, that explains what sealing a record means,
states that the person may apply to have those records expunged
under section 2151.358 of the Revised Code, and explains what
expunging a record means.
(2) Upon final disposition of a case in which a person has
been adjudicated a delinquent child for committing an act other
than a violation of section 2903.01, 2903.02, or 2907.02, 2907.03,
or 2907.05 of the Revised Code, an unruly child, or a juvenile
traffic offender, the juvenile court shall provide written notice
to the person that does all of the following:
(a) States that the person may apply to the court for an
order to seal the record;
(b) Explains what sealing a record means;
(c) States that the person may apply to the court for an
order to expunge the record under section 2151.358 of the Revised
Code;
(d) Explains what expunging a record means.
(3) The department of youth services and any other
institution or facility that unconditionally discharges a person
who has been adjudicated a delinquent child, an unruly child, or a
juvenile traffic offender shall immediately give notice of the
discharge to the court that committed the person. The court shall
note the date of discharge on a separate record of discharges of
those natures.
Sec. 2152.02. As used in this chapter:
(A) "Act charged" means the act that is identified in a
complaint, indictment, or information alleging that a child is a
delinquent child.
(B) "Admitted to a department of youth services facility"
includes admission to a facility operated, or contracted for, by
the department and admission to a comparable facility outside this
state by another state or the United States.
(C)(1) "Child" means a person who is under eighteen years of
age, except as otherwise provided in divisions (C)(2) to (7)(8) of
this section.
(2) Subject to division (C)(3) of this section, any person
who violates a federal or state law or a municipal ordinance prior
to attaining eighteen years of age shall be deemed a "child"
irrespective of that person's age at the time the complaint with
respect to that violation is filed or the hearing on the complaint
is held.
(3) Any person who, while under eighteen years of age,
commits an act that would be a felony if committed by an adult and
who is not taken into custody or apprehended for that act until
after the person attains twenty-one years of age is not a child in
relation to that act.
(4) Except as otherwise provided in division divisions (C)(5)
and (7) of this section, any person whose case is transferred for
criminal prosecution pursuant to section 2152.12 of the Revised
Code shall be deemed after the transfer not to be a child in the
transferred case.
(5) Any person whose case is transferred for criminal
prosecution pursuant to section 2152.12 of the Revised Code and
who subsequently is convicted of or pleads guilty to a felony in
that case, unless a serious youthful offender dispositional
sentence is imposed on the child for that offense under division
(B)(2) or (3) of section 2152.121 of the Revised Code and the
adult portion of that sentence is not invoked pursuant to section
2152.14 of the Revised Code, and any person who is adjudicated a
delinquent child for the commission of an act, who has a serious
youthful offender dispositional sentence imposed for the act
pursuant to section 2152.13 of the Revised Code, and whose adult
portion of the dispositional sentence is invoked pursuant to
section 2152.14 of the Revised Code, shall be deemed after the
transfer conviction, plea, or invocation not to be a child in any
case in which a complaint is filed against the person.
(6) The juvenile court has jurisdiction over a person who is
adjudicated a delinquent child or juvenile traffic offender prior
to attaining eighteen years of age until the person attains
twenty-one years of age, and, for purposes of that jurisdiction
related to that adjudication, except as otherwise provided in this
division, a person who is so adjudicated a delinquent child or
juvenile traffic offender shall be deemed a "child" until the
person attains twenty-one years of age. If a person is so
adjudicated a delinquent child or juvenile traffic offender and
the court makes a disposition of the person under this chapter, at
any time after the person attains eighteen twenty-one years of
age, the places at which the person may be held under that
disposition are not limited to places authorized under this
chapter solely for confinement of children, and the person may be
confined under that disposition, in accordance with division
(F)(2) of section 2152.26 of the Revised Code, in places other
than those authorized under this chapter solely for confinement of
children.
(7) The juvenile court has jurisdiction over any person whose
case is transferred for criminal prosecution solely for the
purpose of detaining the person as authorized in division (F)(1)
or (4) of section 2152.26 of the Revised Code unless the person is
convicted of or pleads guilty to a felony in the adult court.
(8) Any person who, while eighteen years of age, violates
division (A)(1) or (2) of section 2919.27 of the Revised Code by
violating a protection order issued or consent agreement approved
under section 2151.34 or 3113.31 of the Revised Code shall be
considered a child for the purposes of that violation of section
2919.27 of the Revised Code.
(D) "Chronic truant" means any child of compulsory school age
who is absent without legitimate excuse for absence from the
public school the child is supposed to attend for seven or more
consecutive school days, ten or more school days in one school
month, or fifteen or more school days in a school year.
(E) "Community corrections facility," "public safety beds,"
"release authority," and "supervised release" have the same
meanings as in section 5139.01 of the Revised Code.
(F) "Delinquent child" includes any of the following:
(1) Any child, except a juvenile traffic offender, who
violates any law of this state or the United States, or any
ordinance of a political subdivision of the state, that would be
an offense if committed by an adult;
(2) Any child who violates any lawful order of the court made
under this chapter or under Chapter 2151. of the Revised Code
other than an order issued under section 2151.87 of the Revised
Code;
(3) Any child who violates division (C) of section 2907.39,
division (A) of section 2923.211, or division (C)(1) or (D) of
section 2925.55 of the Revised Code;
(4) Any child who is a habitual truant and who previously has
been adjudicated an unruly child for being a habitual truant;
(5) Any child who is a chronic truant.
(G) "Discretionary serious youthful offender" means a person
who is eligible for a discretionary SYO and who is not transferred
to adult court under a mandatory or discretionary transfer.
(H) "Discretionary SYO" means a case in which the juvenile
court, in the juvenile court's discretion, may impose a serious
youthful offender disposition under section 2152.13 of the Revised
Code.
(I) "Discretionary transfer" means that the juvenile court
has discretion to transfer a case for criminal prosecution under
division (B) of section 2152.12 of the Revised Code.
(J) "Drug abuse offense," "felony drug abuse offense," and
"minor drug possession offense" have the same meanings as in
section 2925.01 of the Revised Code.
(K) "Electronic monitoring" and "electronic monitoring
device" have the same meanings as in section 2929.01 of the
Revised Code.
(L) "Economic loss" means any economic detriment suffered by
a victim of a delinquent act or juvenile traffic offense as a
direct and proximate result of the delinquent act or juvenile
traffic offense and includes any loss of income due to lost time
at work because of any injury caused to the victim and any
property loss, medical cost, or funeral expense incurred as a
result of the delinquent act or juvenile traffic offense.
"Economic loss" does not include non-economic loss or any punitive
or exemplary damages.
(M) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
(N) "Juvenile traffic offender" means any child who violates
any traffic law, traffic ordinance, or traffic regulation of this
state, the United States, or any political subdivision of this
state, other than a resolution, ordinance, or regulation of a
political subdivision of this state the violation of which is
required to be handled by a parking violations bureau or a joint
parking violations bureau pursuant to Chapter 4521. of the Revised
Code.
(O) A "legitimate excuse for absence from the public school
the child is supposed to attend" has the same meaning as in
section 2151.011 of the Revised Code.
(P) "Mandatory serious youthful offender" means a person who
is eligible for a mandatory SYO and who is not transferred to
adult court under a mandatory or discretionary transfer and also
includes, for purposes of imposition of a mandatory serious
youthful dispositional sentence under section 2152.13 of the
Revised Code, a person upon whom a juvenile court is required to
impose such a sentence under division (B)(3) of section 2152.121
of the Revised Code.
(Q) "Mandatory SYO" means a case in which the juvenile court
is required to impose a mandatory serious youthful offender
disposition under section 2152.13 of the Revised Code.
(R) "Mandatory transfer" means that a case is required to be
transferred for criminal prosecution under division (A) of section
2152.12 of the Revised Code.
(S) "Mental illness" has the same meaning as in section
5122.01 of the Revised Code.
(T) "Mentally retarded person" has the same meaning as in
section 5123.01 of the Revised Code.
(U) "Monitored time" and "repeat violent offender" have the
same meanings as in section 2929.01 of the Revised Code.
(V) "Of compulsory school age" has the same meaning as in
section 3321.01 of the Revised Code.
(W) "Public record" has the same meaning as in section 149.43
of the Revised Code.
(X) "Serious youthful offender" means a person who is
eligible for a mandatory SYO or discretionary SYO but who is not
transferred to adult court under a mandatory or discretionary
transfer and also includes, for purposes of imposition of a
mandatory serious youthful dispositional sentence under section
2152.13 of the Revised Code, a person upon whom a juvenile court
is required to impose such a sentence under division (B)(3) of
section 2152.121 of the Revised Code.
(Y) "Sexually oriented offense," "juvenile offender
registrant," "child-victim oriented offense," "tier I sex
offender/child-victim offender," "tier II sex
offender/child-victim offender," "tier III sex
offender/child-victim offender," and "public registry-qualified
juvenile offender registrant" have the same meanings as in section
2950.01 of the Revised Code.
(Z) "Traditional juvenile" means a case that is not
transferred to adult court under a mandatory or discretionary
transfer, that is eligible for a disposition under sections
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and
that is not eligible for a disposition under section 2152.13 of
the Revised Code.
(AA) "Transfer" means the transfer for criminal prosecution
of a case involving the alleged commission by a child of an act
that would be an offense if committed by an adult from the
juvenile court to the appropriate court that has jurisdiction of
the offense.
(BB) "Category one offense" means any of the following:
(1) A violation of section 2903.01 or 2903.02 of the Revised
Code;
(2) A violation of section 2923.02 of the Revised Code
involving an attempt to commit aggravated murder or murder.
(CC) "Category two offense" means any of the following:
(1) A violation of section 2903.03, 2905.01, 2907.02,
2909.02, 2911.01, or 2911.11 of the Revised Code;
(2) A violation of section 2903.04 of the Revised Code that
is a felony of the first degree;
(3) A violation of section 2907.12 of the Revised Code as it
existed prior to September 3, 1996.
(DD) "Non-economic loss" means nonpecuniary harm suffered by
a victim of a delinquent act or juvenile traffic offense as a
result of or related to the delinquent act or juvenile traffic
offense, including, but not limited to, pain and suffering; loss
of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education; mental anguish; and any other intangible
loss.
Sec. 2152.18. (A) When a juvenile court commits a delinquent
child to the custody of the department of youth services pursuant
to this chapter, the court shall not designate the specific
institution in which the department is to place the child but
instead shall specify that the child is to be institutionalized in
a secure facility.
(B) When a juvenile court commits a delinquent child to the
custody of the department of youth services pursuant to this
chapter, the court shall state in the order of commitment the
total number of days that the child has been held in detention
confined in connection with the delinquent child complaint upon
which the order of commitment is based. The court shall not
include days that the child has been under electronic monitoring
or house arrest or days that the child has been confined in a
halfway house. The department shall reduce the minimum period of
institutionalization that was ordered by both the total number of
days that the child has been so held in detention confined as
stated by the court in the order of commitment and the total
number of any additional days that the child has been
held in
detention confined subsequent to the order of commitment but prior
to the transfer of physical custody of the child to the
department.
(C)(1) When a juvenile court commits a delinquent child to
the custody of the department of youth services pursuant to this
chapter, the court shall provide the department with the child's
medical records, a copy of the report of any mental examination of
the child ordered by the court, the Revised Code section or
sections the child violated and the degree of each violation, the
warrant to convey the child to the department, a copy of the
court's journal entry ordering the commitment of the child to the
legal custody of the department, a copy of the arrest record
pertaining to the act for which the child was adjudicated a
delinquent child, a copy of any victim impact statement pertaining
to the act, and any other information concerning the child that
the department reasonably requests. The court also shall complete
the form for the standard predisposition investigation report that
the department furnishes pursuant to section 5139.04 of the
Revised Code and provide the department with the completed form.
The department may refuse to accept physical custody of a
delinquent child who is committed to the legal custody of the
department until the court provides to the department the
documents specified in this division. No officer or employee of
the department who refuses to accept physical custody of a
delinquent child who is committed to the legal custody of the
department shall be subject to prosecution or contempt of court
for the refusal if the court fails to provide the documents
specified in this division at the time the court transfers the
physical custody of the child to the department.
(2) Within twenty working days after the department of youth
services receives physical custody of a delinquent child from a
juvenile court, the court shall provide the department with a
certified copy of the child's birth certificate and the child's
social security number or, if the court made all reasonable
efforts to obtain the information but was unsuccessful, with
documentation of the efforts it made to obtain the information.
(3) If an officer is preparing pursuant to section 2947.06 or
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the department shall
make available to the officer, for use in preparing the report,
any records or reports it possesses regarding that person that it
received from a juvenile court pursuant to division (C)(1) of this
section or that pertain to the treatment of that person after the
person was committed to the custody of the department as a
delinquent child.
(D)(1) Within ten days after an adjudication that a child is
a delinquent child, the court shall give written notice of the
adjudication to the superintendent of a city, local, exempted
village, or joint vocational school district, and to the principal
of the school the child attends, if the basis of the adjudication
was the commission of an act that would be a criminal offense if
committed by an adult, if the act was committed by the delinquent
child when the child was fourteen years of age or older, and if
the act is any of the following:
(a) An act that would be a felony or an offense of violence
if committed by an adult, an act in the commission of which the
child used or brandished a firearm, or an act that is a violation
of section 2907.06, 2907.07, 2907.08, 2907.09, 2907.24, or
2907.241 of the Revised Code and that would be a misdemeanor if
committed by an adult;
(b) A violation of section 2923.12 of the Revised Code or of
a substantially similar municipal ordinance that would be a
misdemeanor if committed by an adult and that was committed on
property owned or controlled by, or at an activity held under the
auspices of, the board of education of that school district;
(c) A violation of division (A) of section 2925.03 or 2925.11
of the Revised Code that would be a misdemeanor if committed by an
adult, that was committed on property owned or controlled by, or
at an activity held under the auspices of, the board of education
of that school district, and that is not a minor drug possession
offense;
(d) An act that would be a criminal offense if committed by
an adult and that results in serious physical harm to persons or
serious physical harm to property while the child is at school, on
any other property owned or controlled by the board, or at an
interscholastic competition, an extracurricular event, or any
other school program or activity;
(e) Complicity in any violation described in division
(D)(1)(a), (b), (c), or (d) of this section that was alleged to
have been committed in the manner described in division (D)(1)(a),
(b), (c), or (d) of this section, regardless of whether the act of
complicity was committed on property owned or controlled by, or at
an activity held under the auspices of, the board of education of
that school district.
(2) The notice given pursuant to division (D)(1) of this
section shall include the name of the child who was adjudicated to
be a delinquent child, the child's age at the time the child
committed the act that was the basis of the adjudication, and
identification of the violation of the law or ordinance that was
the basis of the adjudication.
(3) Within fourteen days after committing a delinquent child
to the custody of the department of youth services, the court
shall give notice to the school attended by the child of the
child's commitment by sending to that school a copy of the court's
journal entry ordering the commitment. As soon as possible after
receipt of the notice described in this division, the school shall
provide the department with the child's school transcript.
However, the department shall not refuse to accept a child
committed to it, and a child committed to it shall not be held in
a county or district detention facility, because of a school's
failure to provide the school transcript that it is required to
provide under this division.
(4) Within fourteen days after discharging or releasing a
child from an institution under its control, the department of
youth services shall provide the court and the superintendent of
the school district in which the child is entitled to attend
school under section 3313.64 or 3313.65 of the Revised Code with
the following:
(a) An updated copy of the child's school transcript;
(b) A report outlining the child's behavior in school while
in the custody of the department;
(c) The child's current individualized education program, as
defined in section 3323.01 of the Revised Code, if such a program
has been developed for the child;
(d) A summary of the institutional record of the child's
behavior.
The department also shall provide the court with a copy of
any portion of the child's institutional record that the court
specifically requests, within five working days of the request.
(E) At any hearing at which a child is adjudicated a
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act who may be
entitled to a recovery under any of the following sections of the
right of the victims to recover, pursuant to section 3109.09 of
the Revised Code, compensatory damages from the child's parents;
of the right of the victims to recover, pursuant to section
3109.10 of the Revised Code, compensatory damages from the child's
parents for willful and malicious assaults committed by the child;
and of the right of the victims to recover an award of reparations
pursuant to sections 2743.51 to 2743.72 of the Revised Code.
Sec. 2152.26. (A) Except as provided in divisions (B) and
(F) of this section, a child alleged to be or adjudicated a
delinquent child or a juvenile traffic offender may be held only
in the following places:
(1) A certified foster home or a home approved by the court;
(2) A facility operated by a certified child welfare agency;
(3) Any other suitable place designated by the court.
(B) In addition to the places listed in division (A) of this
section, a child alleged to be or adjudicated a delinquent child
or a person described in division (C)(7) of section 2152.02 of the
Revised Code may be held in a detention facility for delinquent
children that is under the direction or supervision of the court
or other public authority or of a private agency and approved by
the court and a child adjudicated a delinquent child may be held
in accordance with division (F)(2) of this section in a facility
of a type specified in that division. Division (B) of this section
does not apply to a child alleged to be or adjudicated a
delinquent child for chronic truancy, unless the child violated a
lawful court order made pursuant to division (A)(6) of section
2152.19 of the Revised Code. Division (B) of this section also
does not apply to a child alleged to be or adjudicated a
delinquent child for being an habitual truant who previously has
been adjudicated an unruly child for being an habitual truant,
unless the child violated a lawful court order made pursuant to
division (C)(1)(e) of section 2151.354 of the Revised Code.
(C)(1) Except as provided under division (C)(1) of section
2151.311 of the Revised Code or division (A)(5) of section 2152.21
of the Revised Code, a child alleged to be or adjudicated a
juvenile traffic offender may not be held in any of the following
facilities:
(a) A state correctional institution, county, multicounty, or
municipal jail or workhouse, or other place in which an adult
convicted of crime, under arrest, or charged with a crime is held.
(b) A secure correctional facility.
(2) Except as provided under this section, sections 2151.56
to 2151.59, and divisions (A)(5) and (6) of section 2152.21 of the
Revised Code, a child alleged to be or adjudicated a juvenile
traffic offender may not be held for more than twenty-four hours
in a detention facility.
(D) Except as provided in division (F) of this section or in
division (C) of section 2151.311, in division (C)(2) of section
5139.06 and section 5120.162, or in division (B) of section
5120.16 of the Revised Code, a child who is alleged to be or is
adjudicated a delinquent child or a person described in division
(C)(7) of section 2152.02 of the Revised Code may not be held in a
state correctional institution, county, multicounty, or municipal
jail or workhouse, or other place where an adult convicted of
crime, under arrest, or charged with crime is held.
(E) Unless the detention is pursuant to division (F) of this
section or division (C) of section 2151.311, division (C)(2) of
section 5139.06 and section 5120.162, or division (B) of section
5120.16 of the Revised Code, the official in charge of the
institution, jail, workhouse, or other facility shall inform the
court immediately when a child, person who is or appears to be
under the age of eighteen years, or a person who is charged with a
violation of an order of a juvenile court or a violation of
probation or parole conditions imposed by a juvenile court and who
is or appears to be between the ages of eighteen and twenty-one
years, is received at the facility, and shall deliver the child
person to the court upon request or transfer the
child person to
a detention facility designated by the court.
(F)(1) If a case is transferred to another court for criminal
prosecution pursuant to section 2152.12 of the Revised Code and
the alleged offender is a person described in division (C)(7) of
section 2152.02 of the Revised Code, the
child person may not be
transferred for detention pending the criminal prosecution in a
jail or other facility in accordance with the law governing the
detention of persons charged with crime except under the
circumstances described in division (F)(4) of this section. Any
child
so held in accordance with division (F)(3) of this section
shall be confined in a manner that keeps the child beyond the
range of touch sight and sound of all adult detainees. The child
shall be supervised at all times during the detention.
(2) If a person is adjudicated a delinquent child or juvenile
traffic offender or is a person described in division (C)(7) of
section 2152.02 of the Revised Code and the court makes a
disposition of the person under this chapter, at any time after
the person attains eighteen twenty-one years of age, the person
may be held under that disposition or under the circumstances
described in division (F)(4) of this section in places other than
those specified in division (A) of this section, including, but
not limited to, a county, multicounty, or municipal jail or
workhouse, or other place where an adult convicted of crime, under
arrest, or charged with crime is held.
(3)(a) A person alleged to be a delinquent child may be held
in places other than those specified in division (A) of this
section, including, but not limited to, a county, multicounty, or
municipal jail, if the delinquent act that the child allegedly
committed would be a felony if committed by an adult, and if
either of the following applies:
(i) The person attains eighteen twenty-one years of age
before the person is arrested or apprehended for that act.
(ii) The person is arrested or apprehended for that act
before the person attains eighteen twenty-one years of age, but
the person attains eighteen twenty-one years of age before the
court orders a disposition in the case.
(b) If, pursuant to division (F)(3)(a) of this section, a
person is held in a place other than a place specified in division
(A) of this section, the person has the same rights to bail as an
adult charged with the same offense who is confined in a jail
pending trial.
(4)(a) Any person whose case is transferred for criminal
prosecution pursuant to section 2151.10 or 2152.12 of the Revised
Code or any person who has attained the age of eighteen years but
has not attained the age of twenty-one years and who is being held
in a place specified in division (B) of this section may be held
under that disposition or charge in places other than those
specified in division (B) of this section, including a county,
multicounty, or municipal jail or workhouse, or other place where
an adult under arrest or charged with crime is held if the
juvenile court, upon its own motion or upon motion by the
prosecutor and after notice and hearing, establishes by a
preponderance of the evidence and makes written findings that the
youth is a threat to the safety and security of the facility.
Evidence that the youth is a threat to the safety and security of
the facility may include, but is not limited to, whether the youth
has done any of the following:
(i) Injured or created an imminent danger to the life or
health of another youth or staff member in the facility or program
by violent behavior;
(ii) Escaped from the facility or program in which the youth
is being held on more than one occasion;
(iii) Established a pattern of disruptive behavior as
verified by a written record that the youth's behavior is not
conducive to the established policies and procedures of the
facility or program in which the youth is being held.
(b) If the prosecutor submits a motion requesting that the
person be held in a place other than those specified in division
(B) of this section or if the court submits its own motion, the
juvenile court shall hold a hearing within five days of the filing
of the motion, and, in determining whether a place other than
those specified in division (B) of this section is the appropriate
place of confinement for the person, the court shall consider the
following factors:
(i) The age of the person;
(ii) Whether the person would be deprived of contact with
other people for a significant portion of the day or would not
have access to recreational facilities or age-appropriate
educational opportunities in order to provide physical separation
from adults;
(iii) The person's current emotional state, intelligence, and
developmental maturity, including any emotional and psychological
trauma, and the risk to the person in an adult facility, which may
be evidenced by mental health or psychological assessments or
screenings made available to the prosecuting attorney and the
defense counsel;
(iv) Whether detention in a juvenile facility would
adequately serve the need for community protection pending the
outcome of the criminal proceeding;
(v) The relative ability of the available adult and juvenile
detention facilities to meet the needs of the person, including
the person's need for age-appropriate mental health and
educational services delivered by individuals specifically trained
to deal with youth;
(vi) Whether the person presents an imminent risk of
self-inflicted harm or an imminent risk of harm to others within a
juvenile facility;
(vii) Any other factors the juvenile court considers to be
relevant.
(c) If the juvenile court determines that a place other than
those specified in division (B) of this section is the appropriate
place for confinement of a person pursuant to division (F)(4)(a)
of this section, the person may petition the juvenile court for a
review hearing thirty days after the initial confinement decision,
thirty days after any subsequent review hearing, or at any time
after the initial confinement decision upon an emergency petition
by the youth due to the youth facing an imminent danger from
others or the youth's self. Upon receipt of the petition, the
juvenile court has discretion over whether to conduct the review
hearing and may set the matter for a review hearing if the youth
has alleged facts or circumstances that, if true, would warrant
reconsideration of the youth's placement in a place other than
those specified in division (B) of this section based on the
factors listed in division (F)(4)(b) of this section.
(d) Upon the admission of a person described in division
(F)(4)(a) of this section to a place other than those specified in
division (B) of this section, the facility shall advise the person
of the person's right to request a review hearing as described in
division (F)(4)(d) of this section.
(e) Any person transferred under division (F)(4)(a) of this
section to a place other than those specified in division (B) of
this section shall be confined in a manner that keeps the person
beyond sight and sound of all adult detainees. The person shall be
supervised at all times during the detention.
Sec. 2705.031. (A) As used in this section, "Title IV-D
case" has the same meaning as in section 3125.01 of the Revised
Code.
(B)(1) Any party who has a legal claim to any support ordered
for a child, spouse, or former spouse may initiate a contempt
action for failure to pay the support. In Title IV-D cases, the
contempt action for failure to pay support also may be initiated
by an attorney retained by the party who has the legal claim, the
prosecuting attorney, or an attorney of the department of job and
family services or the child support enforcement agency.
(2) Any parent who is granted parenting time rights under a
parenting time order or decree issued pursuant to section 3109.051
or 3109.12 of the Revised Code, any person who is granted
visitation rights under a visitation order or decree issued
pursuant to section 3109.051, 3109.11, or 3109.12 of the Revised
Code or pursuant to any other provision of the Revised Code, or
any other person who is subject to any parenting time or
visitation order or decree, may initiate a contempt action for a
failure to comply with, or an interference with, the order or
decree.
(C) In any contempt action initiated pursuant to division (B)
of this section, the accused shall appear upon the summons and
order to appear that is issued by the court. The summons shall
include all of the following:
(1) Notice that failure to appear may result in the issuance
of an order of arrest, and in cases involving alleged failure to
pay support, the issuance of an order for the payment of support
by withholding an amount from the personal earnings of the accused
or by withholding or deducting an amount from some other asset of
the accused;
(2) Notice that the accused has a right to counsel, and that
if indigent, the accused must apply for a public defender or court
appointed counsel within three business days after receipt of the
summons;
(3) Notice that the court may refuse to grant a continuance
at the time of the hearing for the purpose of the accused
obtaining counsel, if the accused fails to make a good faith
effort to retain counsel or to obtain a public defender;
(4) Notice of the potential penalties that could be imposed
upon the accused, if the accused is found guilty of contempt for
failure to pay support or for a failure to comply with, or an
interference with, a parenting time or visitation order or decree;
(5) Notice that the court may grant limited driving
privileges under section 4510.021 of the Revised Code pursuant to
a request made by the accused, if the driver's license was
suspended based on a notice issued pursuant to section 3123.54 of
the Revised Code by the child support enforcement agency and if
the request is accompanied by a recent noncertified copy of a
driver's abstract from the registrar of motor vehicles.
(D) If the accused is served as required by the Rules of
Civil Procedure or by any special statutory proceedings that are
relevant to the case, the court may order the attachment of the
person of the accused upon failure to appear as ordered by the
court.
(E) The imposition of any penalty for contempt under section
2705.05 of the Revised Code shall not eliminate any obligation of
the accused to pay any past, present, or future support obligation
or any obligation of the accused to comply with or refrain from
interfering with the parenting time or visitation order or decree.
The court shall have jurisdiction to make a finding of contempt
for the failure to pay support and to impose the penalties set
forth in section 2705.05 of the Revised Code in all cases in which
past due support is at issue even if the duty to pay support has
terminated, and shall have jurisdiction to make a finding of
contempt for a failure to comply with, or an interference with, a
parenting time or visitation order or decree and to impose the
penalties set forth in section 2705.05 of the Revised Code in all
cases in which the failure or interference is at issue even if the
parenting time or visitation order or decree no longer is in
effect.
Sec. 2907.24. (A) No person shall solicit another to engage
with such other person in sexual activity for hire.
(B) No person, with knowledge that the person has tested
positive as a carrier of a virus that causes acquired
immunodeficiency syndrome, shall engage in conduct in violation of
division (A) of this section.
(C)(1) Whoever violates division (A) of this section is
guilty of soliciting, a misdemeanor of the third degree.
(2) Whoever violates division (B) of this section is guilty
of engaging in solicitation after a positive HIV test. If the
offender commits the violation prior to July 1, 1996, engaging in
solicitation after a positive HIV test is a felony of the second
degree. If the offender commits the violation on or after July 1,
1996, engaging in solicitation after a positive HIV test is a
felony of the third degree.
(D) If a person is convicted of or pleads guilty to a
violation of any provision of this section, an attempt to commit a
violation of any provision of this section, or a violation of or
an attempt to commit a violation of a municipal ordinance that is
substantially equivalent to any provision of this section and if
the person, in committing or attempting to commit the violation,
was in, was on, or used a motor vehicle, the court, in addition to
or independent of all other penalties imposed for the violation,
shall may impose upon the offender a class six suspension of the
person's driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege from the range specified in division (A)(6) of section
4510.02 of the Revised Code. In lieu of imposing upon the offender
the class six suspension, the court instead may require the
offender to perform community service for a number of hours
determined by the court.
Sec. 2913.02. (A) No person, with purpose to deprive the
owner of property or services, shall knowingly obtain or exert
control over either the property or services in any of the
following ways:
(1) Without the consent of the owner or person authorized to
give consent;
(2) Beyond the scope of the express or implied consent of the
owner or person authorized to give consent;
(B)(1) Whoever violates this section is guilty of theft.
(2) Except as otherwise provided in this division or division
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of
this section is petty theft, a misdemeanor of the first degree. If
the value of the property or services stolen is one thousand
dollars or more and is less than seven thousand five hundred
dollars or if the property stolen is any of the property listed in
section 2913.71 of the Revised Code, a violation of this section
is theft, a felony of the fifth degree. If the value of the
property or services stolen is seven thousand five hundred dollars
or more and is less than one hundred fifty thousand dollars, a
violation of this section is grand theft, a felony of the fourth
degree. If the value of the property or services stolen is one
hundred fifty thousand dollars or more and is less than seven
hundred fifty thousand dollars, a violation of this section is
aggravated theft, a felony of the third degree. If the value of
the property or services is seven hundred fifty thousand dollars
or more and is less than one million five hundred thousand
dollars, a violation of this section is aggravated theft, a felony
of the second degree. If the value of the property or services
stolen is one million five hundred thousand dollars or more, a
violation of this section is aggravated theft of one million five
hundred thousand dollars or more, a felony of the first degree.
(3) Except as otherwise provided in division (B)(4), (5),
(6), (7), or (8) of this section, if the victim of the offense is
an elderly person or disabled adult, a violation of this section
is theft from an elderly person or disabled adult, and division
(B)(3) of this section applies. Except as otherwise provided in
this division, theft from an elderly person or disabled adult is a
felony of the fifth degree. If the value of the property or
services stolen is one thousand dollars or more and is less than
seven thousand five hundred dollars, theft from an elderly person
or disabled adult is a felony of the fourth degree. If the value
of the property or services stolen is seven thousand five hundred
dollars or more and is less than thirty-seven thousand five
hundred dollars, theft from an elderly person or disabled adult is
a felony of the third degree. If the value of the property or
services stolen is thirty-seven thousand five hundred dollars or
more and is less than one hundred fifty thousand dollars, theft
from an elderly person or disabled adult is a felony of the second
degree. If the value of the property or services stolen is one
hundred fifty thousand dollars or more, theft from an elderly
person or disabled adult is a felony of the first degree.
(4) If the property stolen is a firearm or dangerous
ordnance, a violation of this section is grand theft. Except as
otherwise provided in this division, grand theft when the property
stolen is a firearm or dangerous ordnance is a felony of the third
degree, and there is a presumption in favor of the court imposing
a prison term for the offense. If the firearm or dangerous
ordnance was stolen from a federally licensed firearms dealer,
grand theft when the property stolen is a firearm or dangerous
ordnance is a felony of the first degree. The offender shall serve
a prison term imposed for grand theft when the property stolen is
a firearm or dangerous ordnance consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(5) If the property stolen is a motor vehicle, a violation of
this section is grand theft of a motor vehicle, a felony of the
fourth degree.
(6) If the property stolen is any dangerous drug, a violation
of this section is theft of drugs, a felony of the fourth degree,
or, if the offender previously has been convicted of a felony drug
abuse offense, a felony of the third degree.
(7) If the property stolen is a police dog or horse or an
assistance dog and the offender knows or should know that the
property stolen is a police dog or horse or an assistance dog, a
violation of this section is theft of a police dog or horse or an
assistance dog, a felony of the third degree.
(8) If the property stolen is anhydrous ammonia, a violation
of this section is theft of anhydrous ammonia, a felony of the
third degree.
(9) In addition to the penalties described in division (B)(2)
of this section, if the offender committed the violation by
causing a motor vehicle to leave the premises of an establishment
at which gasoline is offered for retail sale without the offender
making full payment for gasoline that was dispensed into the fuel
tank of the motor vehicle or into another container, the court may
do one of the following:
(a) Unless division (B)(9)(b) of this section applies,
suspend for not more than six months the offender's driver's
license, probationary driver's license, commercial driver's
license, temporary instruction permit, or nonresident operating
privilege;
(b) If the offender's driver's license, probationary driver's
license, commercial driver's license, temporary instruction
permit, or nonresident operating privilege has previously been
suspended pursuant to division (B)(9)(a) of this section, impose a
class seven suspension of the offender's license, permit, or
privilege from the range specified in division (A)(7) of section
4510.02 of the Revised Code, provided that the suspension shall be
for at least six months.
(c) The court, in lieu of suspending the offender's driver's
or commercial driver's license, probationary driver's license,
temporary instruction permit, or nonresident operating privilege
pursuant to division (B)(9)(a) or (b) of this section, instead may
require the offender to perform community service for a number of
hours determined by the court.
(10) In addition to the penalties described in division
(B)(2) of this section, if the offender committed the violation by
stealing rented property or rental services, the court may order
that the offender make restitution pursuant to section 2929.18 or
2929.28 of the Revised Code. Restitution may include, but is not
limited to, the cost of repairing or replacing the stolen
property, or the cost of repairing the stolen property and any
loss of revenue resulting from deprivation of the property due to
theft of rental services that is less than or equal to the actual
value of the property at the time it was rented. Evidence of
intent to commit theft of rented property or rental services shall
be determined pursuant to the provisions of section 2913.72 of the
Revised Code.
(C) The sentencing court that suspends an offender's license,
permit, or nonresident operating privilege under division (B)(9)
of this section may grant the offender limited driving privileges
during the period of the suspension in accordance with Chapter
4510. of the Revised Code.
Sec. 2923.122. (A) No person shall knowingly convey, or
attempt to convey, a deadly weapon or dangerous ordnance into a
school safety zone.
(B) No person shall knowingly possess a deadly weapon or
dangerous ordnance in a school safety zone.
(C) No person shall knowingly possess an object in a school
safety zone if both of the following apply:
(1) The object is indistinguishable from a firearm, whether
or not the object is capable of being fired.
(2) The person indicates that the person possesses the object
and that it is a firearm, or the person knowingly displays or
brandishes the object and indicates that it is a firearm.
(D)(1) This section does not apply to any of the following:
(a) An officer, agent, or employee of this or any other state
or the United States, or a law enforcement officer, who is
authorized to carry deadly weapons or dangerous ordnance and is
acting within the scope of the officer's, agent's, or employee's
duties, a security officer employed by a board of education or
governing body of a school during the time that the security
officer is on duty pursuant to that contract of employment, or any
other person who has written authorization from the board of
education or governing body of a school to convey deadly weapons
or dangerous ordnance into a school safety zone or to possess a
deadly weapon or dangerous ordnance in a school safety zone and
who conveys or possesses the deadly weapon or dangerous ordnance
in accordance with that authorization;
(b) Any person who is employed in this state, who is
authorized to carry deadly weapons or dangerous ordnance, and who
is subject to and in compliance with the requirements of section
109.801 of the Revised Code, unless the appointing authority of
the person has expressly specified that the exemption provided in
division (D)(1)(b) of this section does not apply to the person.
(2) Division (C) of this section does not apply to premises
upon which home schooling is conducted. Division (C) of this
section also does not apply to a school administrator, teacher, or
employee who possesses an object that is indistinguishable from a
firearm for legitimate school purposes during the course of
employment, a student who uses an object that is indistinguishable
from a firearm under the direction of a school administrator,
teacher, or employee, or any other person who with the express
prior approval of a school administrator possesses an object that
is indistinguishable from a firearm for a legitimate purpose,
including the use of the object in a ceremonial activity, a play,
reenactment, or other dramatic presentation, or a ROTC activity or
another similar use of the object.
(3) This section does not apply to a person who conveys or
attempts to convey a handgun into, or possesses a handgun in, a
school safety zone if, at the time of that conveyance, attempted
conveyance, or possession of the handgun, all of the following
apply:
(a) The person does not enter into a school building or onto
school premises and is not at a school activity.
(b) The person is carrying a valid license or temporary
emergency license to carry a concealed handgun issued to the
person under section 2923.125 or 2923.1213 of the Revised Code or
a license to carry a concealed handgun that was issued by another
state with which the attorney general has entered into a
reciprocity agreement under section 109.69 of the Revised Code.
(c) The person is in the school safety zone in accordance
with 18 U.S.C. 922(q)(2)(B).
(d) The person is not knowingly in a place described in
division (B)(1) or (B)(3) to (10) of section 2923.126 of the
Revised Code.
(4) This section does not apply to a person who conveys or
attempts to convey a handgun into, or possesses a handgun in, a
school safety zone if at the time of that conveyance, attempted
conveyance, or possession of the handgun all of the following
apply:
(a) The person is carrying a valid license or temporary
emergency license to carry a concealed handgun issued to the
person under section 2923.125 or 2923.1213 of the Revised Code or
a license to carry a concealed handgun that was issued by another
state with which the attorney general has entered into a
reciprocity agreement under section 109.69 of the Revised Code.
(b) The person is the driver or passenger in a motor vehicle
and is in the school safety zone while immediately in the process
of picking up or dropping off a child.
(c) The person is not in violation of section 2923.16 of the
Revised Code.
(E)(1) Whoever violates division (A) or (B) of this section
is guilty of illegal conveyance or possession of a deadly weapon
or dangerous ordnance in a school safety zone. Except as otherwise
provided in this division, illegal conveyance or possession of a
deadly weapon or dangerous ordnance in a school safety zone is a
felony of the fifth degree. If the offender previously has been
convicted of a violation of this section, illegal conveyance or
possession of a deadly weapon or dangerous ordnance in a school
safety zone is a felony of the fourth degree.
(2) Whoever violates division (C) of this section is guilty
of illegal possession of an object indistinguishable from a
firearm in a school safety zone. Except as otherwise provided in
this division, illegal possession of an object indistinguishable
from a firearm in a school safety zone is a misdemeanor of the
first degree. If the offender previously has been convicted of a
violation of this section, illegal possession of an object
indistinguishable from a firearm in a school safety zone is a
felony of the fifth degree.
(F)(1) In addition to any other penalty imposed upon a person
who is convicted of or pleads guilty to a violation of this
section and subject to division (F)(2) of this section, if the
offender has not attained nineteen years of age, regardless of
whether the offender is attending or is enrolled in a school
operated by a board of education or for which the state board of
education prescribes minimum standards under section 3301.07 of
the Revised Code, the court shall impose upon the offender a class
four suspension of the offender's probationary driver's license,
restricted license, driver's license, commercial driver's license,
temporary instruction permit, or probationary commercial driver's
license that then is in effect from the range specified in
division (A)(4) of section 4510.02 of the Revised Code and shall
deny the offender the issuance of any permit or license of that
type during the period of the suspension.
If the offender is not a resident of this state, the court
shall impose a class four suspension of the nonresident operating
privilege of the offender from the range specified in division
(A)(4) of section 4510.02 of the Revised Code.
(2) If the offender shows good cause why the court should not
suspend one of the types of licenses, permits, or privileges
specified in division (F)(1) of this section or deny the issuance
of one of the temporary instruction permits specified in that
division, the court in its discretion may choose not to impose the
suspension, revocation, or denial required in that division, but
the court, in its discretion, instead may require the offender to
perform community service for a number of hours determined by the
court.
(G) As used in this section, "object that is
indistinguishable from a firearm" means an object made,
constructed, or altered so that, to a reasonable person without
specialized training in firearms, the object appears to be a
firearm.
Sec. 2925.14. (A) As used in this section, "drug
paraphernalia" means any equipment, product, or material of any
kind that is used by the offender, intended by the offender for
use, or designed for use, in propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling,
or otherwise introducing into the human body, a controlled
substance in violation of this chapter. "Drug paraphernalia"
includes, but is not limited to, any of the following equipment,
products, or materials that are used by the offender, intended by
the offender for use, or designed by the offender for use, in any
of the following manners:
(1) A kit for propagating, cultivating, growing, or
harvesting any species of a plant that is a controlled substance
or from which a controlled substance can be derived;
(2) A kit for manufacturing, compounding, converting,
producing, processing, or preparing a controlled substance;
(3) Any object, instrument, or device for manufacturing,
compounding, converting, producing, processing, or preparing
methamphetamine;
(4) An isomerization device for increasing the potency of any
species of a plant that is a controlled substance;
(5) Testing equipment for identifying, or analyzing the
strength, effectiveness, or purity of, a controlled substance;
(6) A scale or balance for weighing or measuring a controlled
substance;
(7) A diluent or adulterant, such as quinine hydrochloride,
mannitol, mannite, dextrose, or lactose, for cutting a controlled
substance;
(8) A separation gin or sifter for removing twigs and seeds
from, or otherwise cleaning or refining, marihuana;
(9) A blender, bowl, container, spoon, or mixing device for
compounding a controlled substance;
(10) A capsule, balloon, envelope, or container for packaging
small quantities of a controlled substance;
(11) A container or device for storing or concealing a
controlled substance;
(12) A hypodermic syringe, needle, or instrument for
parenterally injecting a controlled substance into the human body;
(13) An object, instrument, or device for ingesting,
inhaling, or otherwise introducing into the human body, marihuana,
cocaine, hashish, or hashish oil, such as a metal, wooden,
acrylic, glass, stone, plastic, or ceramic pipe, with or without a
screen, permanent screen, hashish head, or punctured metal bowl;
water pipe; carburetion tube or device; smoking or carburetion
mask; roach clip or similar object used to hold burning material,
such as a marihuana cigarette, that has become too small or too
short to be held in the hand; miniature cocaine spoon, or cocaine
vial; chamber pipe; carburetor pipe; electric pipe; air driver
pipe; chillum; bong; or ice pipe or chiller.
(B) In determining if any equipment, product, or material is
drug paraphernalia, a court or law enforcement officer shall
consider, in addition to other relevant factors, the following:
(1) Any statement by the owner, or by anyone in control, of
the equipment, product, or material, concerning its use;
(2) The proximity in time or space of the equipment, product,
or material, or of the act relating to the equipment, product, or
material, to a violation of any provision of this chapter;
(3) The proximity of the equipment, product, or material to
any controlled substance;
(4) The existence of any residue of a controlled substance on
the equipment, product, or material;
(5) Direct or circumstantial evidence of the intent of the
owner, or of anyone in control, of the equipment, product, or
material, to deliver it to any person whom the owner or person in
control of the equipment, product, or material knows intends to
use the object to facilitate a violation of any provision of this
chapter. A finding that the owner, or anyone in control, of the
equipment, product, or material, is not guilty of a violation of
any other provision of this chapter does not prevent a finding
that the equipment, product, or material was intended or designed
by the offender for use as drug paraphernalia.
(6) Any oral or written instruction provided with the
equipment, product, or material concerning its use;
(7) Any descriptive material accompanying the equipment,
product, or material and explaining or depicting its use;
(8) National or local advertising concerning the use of the
equipment, product, or material;
(9) The manner and circumstances in which the equipment,
product, or material is displayed for sale;
(10) Direct or circumstantial evidence of the ratio of the
sales of the equipment, product, or material to the total sales of
the business enterprise;
(11) The existence and scope of legitimate uses of the
equipment, product, or material in the community;
(12) Expert testimony concerning the use of the equipment,
product, or material.
(C)(1) No Subject to division (D)(2) of this section, no
person shall knowingly use, or possess with purpose to use, drug
paraphernalia.
(2) No person shall knowingly sell, or possess or manufacture
with purpose to sell, drug paraphernalia, if the person knows or
reasonably should know that the equipment, product, or material
will be used as drug paraphernalia.
(3) No person shall place an advertisement in any newspaper,
magazine, handbill, or other publication that is published and
printed and circulates primarily within this state, if the person
knows that the purpose of the advertisement is to promote the
illegal sale in this state of the equipment, product, or material
that the offender intended or designed for use as drug
paraphernalia.
(D)(1) This section does not apply to manufacturers, licensed
health professionals authorized to prescribe drugs, pharmacists,
owners of pharmacies, and other persons whose conduct is in
accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731.,
and 4741. of the Revised Code. This section shall not be construed
to prohibit the possession or use of a hypodermic as authorized by
section 3719.172 of the Revised Code.
(2) Division (C)(1) of this section does not apply to a
person's use, or possession with purpose to use, any drug
paraphernalia that is equipment, a product, or material of any
kind that is used by the person, intended by the person for use,
or designed for use in storing, containing, concealing, injecting,
ingesting, inhaling, or otherwise introducing into the human body
marihuana.
(E) Notwithstanding Chapter 2981. of the Revised Code, any
drug paraphernalia that was used, possessed, sold, or manufactured
in a violation of this section shall be seized, after a conviction
for that violation shall be forfeited, and upon forfeiture shall
be disposed of pursuant to division (B) of section 2981.12 of the
Revised Code.
(F)(1) Whoever violates division (C)(1) of this section is
guilty of illegal use or possession of drug paraphernalia, a
misdemeanor of the fourth degree.
(2) Except as provided in division (F)(3) of this section,
whoever violates division (C)(2) of this section is guilty of
dealing in drug paraphernalia, a misdemeanor of the second degree.
(3) Whoever violates division (C)(2) of this section by
selling drug paraphernalia to a juvenile is guilty of selling drug
paraphernalia to juveniles, a misdemeanor of the first degree.
(4) Whoever violates division (C)(3) of this section is
guilty of illegal advertising of drug paraphernalia, a misdemeanor
of the second degree.
(G) In addition to any other sanction imposed upon an
offender for a violation of this section, the court shall suspend
for not less than six months or more than five years the
offender's driver's or commercial driver's license or permit. If
the offender is a professionally licensed person, in addition to
any other sanction imposed for a violation of this section, the
court immediately shall comply with section 2925.38 of the Revised
Code.
Sec. 2925.141. (A) As used in this section, "drug
paraphernalia" has the same meaning as in section 2925.14 of the
Revised Code.
(B) In determining if any equipment, product, or material is
drug paraphernalia, a court or law enforcement officer shall
consider, in addition to other relevant factors, all factors
identified in division (B) of section 2925.14 of the Revised Code.
(C) No person shall knowingly use, or possess with purpose to
use, any drug paraphernalia that is equipment, a product, or
material of any kind that is used by the person, intended by the
person for use, or designed for use in storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise
introducing into the human body marihuana.
(D) This section does not apply to any person identified in
division (D)(1) of section 2925.14 of the Revised Code, and it
shall not be construed to prohibit the possession or use of a
hypodermic as authorized by section 3719.172 of the Revised Code.
(E) Division (E) of section 2925.14 of the Revised Code
applies with respect to any drug paraphernalia that was used or
possessed in violation of this section.
(F) Whoever violates division (C) of this section is guilty
of illegal use or possession of marihuana drug paraphernalia, a
minor misdemeanor.
(G) In addition to any other sanction imposed upon an
offender for a violation of this section, the court shall suspend
for not less than six months or more than five years the
offender's driver's or commercial driver's license or permit. If
the offender is a professionally licensed person, in addition to
any other sanction imposed for a violation of this section, the
court immediately shall comply with section 2925.38 of the Revised
Code.
Sec. 2925.38. If a person who is convicted of or pleads
guilty to a violation of section 2925.02, 2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14,
2925.141, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37
of the Revised Code is a professionally licensed person, in
addition to any other sanctions imposed for the violation, the
court, except as otherwise provided in this section, immediately
shall transmit a certified copy of the judgment entry of
conviction to the regulatory or licensing board or agency that has
the administrative authority to suspend or revoke the offender's
professional license. If the professionally licensed person who is
convicted of or pleads guilty to a violation of any section listed
in this section is a person who has been admitted to the bar by
order of the supreme court in compliance with its prescribed and
published rules, in addition to any other sanctions imposed for
the violation, the court immediately shall transmit a certified
copy of the judgment entry of conviction to the secretary of the
board of commissioners on grievances and discipline of the supreme
court and to either the disciplinary counsel or the president,
secretary, and chairperson of each certified grievance committee.
Sec. 2947.23. (A)(1)(a) In all criminal cases, including
violations of ordinances, the judge or magistrate shall include in
the sentence the costs of prosecution, including any costs under
section 2947.231 of the Revised Code, and render a judgment
against the defendant for such costs. At the time the judge or
magistrate imposes sentence, the judge or magistrate shall notify
the defendant of both of the following:
(a)(i) If the defendant fails to pay that judgment or fails
to timely make payments towards that judgment under a payment
schedule approved by the court, the court may order the defendant
to perform community service in an amount of not more than forty
hours per month until the judgment is paid or until the court is
satisfied that the defendant is in compliance with the approved
payment schedule.
(b)(ii) If the court orders the defendant to perform the
community service, the defendant will receive credit upon the
judgment at the specified hourly credit rate per hour of community
service performed, and each hour of community service performed
will reduce the judgment by that amount.
(b) The failure of a judge or magistrate to notify the
defendant pursuant to division (A)(1)(a) of this section does not
negate or limit the authority of the court to order the defendant
to perform community service if the defendant fails to pay the
judgment described in that division or to timely make payments
toward that judgment under an approved payment plan.
(2) The following shall apply in all criminal cases:
(a) If a jury has been sworn at the trial of a case, the fees
of the jurors shall be included in the costs, which shall be paid
to the public treasury from which the jurors were paid.
(b) If a jury has not been sworn at the trial of a case
because of a defendant's failure to appear without good cause, the
costs incurred in summoning jurors for that particular trial may
be included in the costs of prosecution. If the costs incurred in
summoning jurors are assessed against the defendant, those costs
shall be paid to the public treasury from which the jurors were
paid.
(B) If a judge or magistrate has reason to believe that a
defendant has failed to pay the judgment described in division (A)
of this section or has failed to timely make payments towards that
judgment under a payment schedule approved by the judge or
magistrate, the judge or magistrate shall hold a hearing to
determine whether to order the offender to perform community
service for that failure. The judge or magistrate shall notify
both the defendant and the prosecuting attorney of the place,
time, and date of the hearing and shall give each an opportunity
to present evidence. If, after the hearing, the judge or
magistrate determines that the defendant has failed to pay the
judgment or to timely make payments under the payment schedule and
that imposition of community service for the failure is
appropriate, the judge or magistrate may order the offender to
perform community service in an amount of not more than forty
hours per month until the judgment is paid or until the judge or
magistrate is satisfied that the offender is in compliance with
the approved payment schedule. If the judge or magistrate orders
the defendant to perform community service under this division,
the defendant shall receive credit upon the judgment at the
specified hourly credit rate per hour of community service
performed, and each hour of community service performed shall
reduce the judgment by that amount. Except for the credit and
reduction provided in this division, ordering an offender to
perform community service under this division does not lessen the
amount of the judgment and does not preclude the state from taking
any other action to execute the judgment.
(C) As used in this section, "specified hourly credit rate"
means the wage rate that is specified in 26 U.S.C.A. 206(a)(1)
under the federal Fair Labor Standards Act of 1938, that then is
in effect, and that an employer subject to that provision must pay
per hour to each of the employer's employees who is subject to
that provision.
Sec. 2949.08. (A) When a person who is convicted of or
pleads guilty to a felony is sentenced to a community residential
sanction in a community-based correctional facility pursuant to
section 2929.16 of the Revised Code or when a person who is
convicted of or pleads guilty to a felony or a misdemeanor is
sentenced to a term of imprisonment in a jail, the judge or
magistrate shall order the person into the custody of the sheriff
or constable, and the sheriff or constable shall deliver the
person with the record of the person's conviction to the jailer,
administrator, or keeper, in whose custody the person shall remain
until the term of imprisonment expires or the person is otherwise
legally discharged.
(B) The record of the person's conviction shall specify the
total number of days, if any, that the person was confined for any
reason arising out of the offense for which the person was
convicted and sentenced prior to delivery to the jailer,
administrator, or keeper under this section. The record shall be
used to determine any reduction of sentence under division (C) of
this section.
(C)(1) If the person is sentenced to a jail for a felony or a
misdemeanor, the jailer in charge of a jail shall reduce the
sentence of a person delivered into the jailer's custody pursuant
to division (A) of this section by the total number of days the
person was confined for any reason arising out of the offense for
which the person was convicted and sentenced, including
confinement in lieu of bail while awaiting trial, confinement for
examination to determine the person's competence to stand trial or
to determine sanity, and confinement while awaiting transportation
to the place where the person is to serve the sentence, and
confinement in a juvenile facility.
(2) If the person is sentenced to a community-based
correctional facility for a felony, the total amount of time that
a person shall be confined in a community-based correctional
facility, in a jail, and for any reason arising out of the offense
for which the person was convicted and sentenced prior to delivery
to the jailer, administrator, or keeper shall not exceed the
maximum prison term available for that offense. Any term in a jail
shall be reduced first pursuant to division (C)(1) of this section
by the total number of days the person was confined prior to
delivery to the jailer, administrator, or keeper. Only after the
term in a jail has been entirely reduced may the term in a
community-based correctional facility be reduced pursuant to this
division. This division does not affect the limitations placed on
the duration of a term in a jail or a community-based correctional
facility under divisions (A)(1), (2), and (3) of section 2929.16
of the Revised Code.
(D) For purposes of divisions (B) and (C) of this section, a
person shall be considered to have been confined for a day if the
person was confined for any period or periods of time totaling
more than eight hours during that day.
(E) As used in this section, "community-based correctional
facility" and "jail" have the same meanings as in section 2929.01
of the Revised Code.
Sec. 2953.25. (A) As used in this section:
(1) "Collateral sanction" means a penalty, disability, or
disadvantage that is related to employment or occupational
licensing, however denominated, as a result of the individual's
conviction of or plea of guilty to an offense and that applies by
operation of law in this state whether or not the penalty,
disability, or disadvantage is included in the sentence or
judgment imposed.
"Collateral sanction" does not include imprisonment,
probation, parole, supervised release, forfeiture, restitution,
fine, assessment, or costs of prosecution.
(2) "Decision-maker" includes, but is not limited to, the
state acting through a department, agency, board, commission, or
instrumentality established by the law of this state for the
exercise of any function of government, a political subdivision,
an educational institution, or a government contractor or
subcontractor made subject to this section by contract, law, or
ordinance.
(3) "Department-funded program" means a residential or
nonresidential program that is not a term in a state correctional
institution, that is funded in whole or part by the department of
rehabilitation and correction, and that is imposed as a sanction
for an offense, as part of a sanction that is imposed for an
offense, or as a term or condition of any sanction that is imposed
for an offense.
(4) "Designee" means the person designated by the deputy
director of the division of parole and community services to
perform the duties designated in division (B) of this section.
(5) "Division of parole and community services" means the
division of parole and community services of the department of
rehabilitation and correction.
(6) "Offense" means any felony or misdemeanor under the laws
of this state.
(7) "Political subdivision" has the same meaning as in
section 2969.21 of the Revised Code.
(B)(1) After the provisions of this division become operative
as described in division (J) of this section, an individual who is
subject to one or more collateral sanctions as a result of being
convicted of or pleading guilty to an offense and who either has
served a term in a state correctional institution for any offense
or has spent time in a department-funded program for any offense
may file a petition with the designee of the deputy director of
the division of parole and community services for a certificate of
qualification for employment.
(2) After the provisions of this division become operative as
described in division (J) of this section, an individual who is
subject to one or more collateral sanctions as a result of being
convicted of or pleading guilty to an offense and who is not in a
category described in division (B)(1) of this section may file a
petition with the court of common pleas of the county in which the
person resides or with the designee of the deputy director of the
division of parole and community services for a certificate of
qualification for employment.
(3) A petition under division (B)(1) or (2) of this section
shall be made on a copy of the form prescribed by the division of
parole and community services under division (J) of this section
and shall contain all of the information described in division (F)
of this section.
(4) An individual may file a petition under division (B)(1)
or (2) of this section at any time after the expiration of
whichever of the following is applicable:
(a) If the offense that resulted in the collateral sanction
from which the individual seeks relief is a felony, at any time
after the expiration of one year from the date of release of the
individual from any period of incarceration in a state or local
correctional facility that was imposed for that offense and all
periods of supervision imposed after release from the period of
incarceration or, if the individual was not incarcerated for that
offense, at any time after the expiration of one year from the
date of the individual's final release from all other sanctions
imposed for that offense.
(b) If the offense that resulted in the collateral sanction
from which the individual seeks relief is a misdemeanor, at any
time after the expiration of six months from the date of release
of the individual from any period of incarceration in a local
correctional facility that was imposed for that offense and all
periods of supervision imposed after release from the period of
incarceration or, if the individual was not incarcerated for that
offense, at any time after the expiration of six months from the
date of the final release of the individual from all sanctions
imposed for that offense including any period of supervision.
(5)(a) A designee that receives a petition for a
certification of qualification for employment from an individual
under division (B)(1) or (2) of this section shall review the
petition to determine whether it is complete. If the petition is
complete, the designee shall forward the petition, and any other
information the designee possesses that relates to the petition,
to the court of common pleas of the county in which the individual
resides.
(b) A court of common pleas that receives a petition for a
certificate of qualification for employment from an individual
under division (B)(2) of this section, or that is forwarded a
petition for such a certificate under division (B)(5)(a) of this
section, shall attempt to determine all other courts in this state
in which the individual was convicted of or pleaded guilty to an
offense other than the offense from which the individual is
seeking relief. The court that receives or is forwarded the
petition shall notify all other courts in this state that it
determines under this division were courts in which the individual
was convicted of or pleaded guilty to an offense other than the
offense from which the individual is seeking relief that the
individual has filed the petition and that the court may send
comments regarding the possible issuance of the certificate.
A court of common pleas that receives a petition for a
certificate of qualification for employment under division (B)(2)
of this section shall notify the prosecuting attorney of the
county in which the individual resides that the individual has
filed the petition.
(C)(1) Upon receiving a petition for a certificate of
qualification for employment filed by an individual under division
(B)(2) of this section or being forwarded a petition for such a
certificate under division (B)(5)(a) of this section, the court
shall review the individual's petition, the individual's criminal
history, all filings submitted by the prosecutor or by the victim
in accordance with rules adopted by the division of parole and
community services, and all other relevant evidence. The court may
order any report, investigation, or disclosure by the individual
that the court believes is necessary for the court to reach a
decision on whether to approve the individual's petition for a
certificate of qualification for employment.
(2) Upon receiving a petition for a certificate of
qualification for employment filed by an individual under division
(B)(2) of this section or being forwarded a petition for such a
certificate under division (B)(5)(a) of this section, except as
otherwise provided in this division, the court shall decide
whether to issue the certificate within sixty days after the court
receives or is forwarded the completed petition and all
information requested for the court to make that decision. Upon
request of the individual who filed the petition, the court may
extend the sixty-day period specified in this division.
(3) Subject to division (C)(5) of this section, a court that
receives an individual's petition for a certificate of
qualification for employment under division (B)(2) of this section
or that is forwarded a petition for such a certificate under
division (B)(5)(a) of this section may issue a certificate of
qualification for employment, at the court's discretion, if the
court finds that the individual has established all of the
following by a preponderance of the evidence:
(a) Granting the petition will materially assist the
individual in obtaining employment or occupational licensing.
(b) The individual has a substantial need for the relief
requested in order to live a law-abiding life.
(c) Granting the petition would not pose an unreasonable risk
to the safety of the public or any individual.
(4) The submission of an incomplete petition by an individual
shall not be grounds for the designee or court to deny the
petition.
(5) A court that receives an individual's petition for a
certificate of qualification for employment under division (B)(2)
of this section or that is forwarded a petition for such a
certificate under division (B)(5)(a) of this section shall not
issue a certificate of qualification for employment that grants
the individual relief from any of the following collateral
sanctions:
(a) Requirements imposed by Chapter 2950. of the Revised Code
and rules adopted under sections 2950.13 and 2950.132 of the
Revised Code;
(b) A driver's license, commercial driver's license, or
probationary license suspension, cancellation, or revocation
pursuant to section 4510.037, 4510.07, 4511.19, or 4511.191 of the
Revised Code if the relief sought is available pursuant to section
4510.021 or division (B) of section 4510.13 of the Revised Code;
(c) Restrictions on employment as a prosecutor or law
enforcement officer;
(d) The denial, ineligibility, or automatic suspension of a
license that is imposed upon an individual applying for or holding
a license as a health care professional under Title XLVII of the
Revised Code if the individual is convicted of, pleads guilty to,
is subject to a judicial finding of eligibility for intervention
in lieu of conviction in this state under section 2951.041 of the
Revised Code, or is subject to treatment or intervention in lieu
of conviction for a violation of section 2903.01, 2903.02,
2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02,
2911.01, 2911.11, or 2919.123 of the Revised Code;
(e) The immediate suspension of a license, certificate, or
evidence of registration that is imposed upon an individual
holding a license as a health care professional under Title XLVII
of the Revised Code pursuant to division (C) of section 3719.121
of the Revised Code;
(f) The denial or ineligibility for employment in a pain
clinic under division (B)(4) of section 4729.552 of the Revised
Code;
(g) The mandatory suspension of a license that is imposed on
an individual applying for or holding a license as a health care
professional under Title XLVII of the Revised Code pursuant to
section 3123.43 of the Revised Code.
(6) If a court that receives an individual's petition for a
certificate of qualification for employment under division (B)(2)
of this section or that is forwarded a petition for such a
certificate under division (B)(5)(a) of this section denies the
petition, the court shall provide written notice to the individual
of the court's denial. The court may place conditions on the
individual regarding the individual's filing of any subsequent
petition for a certificate of qualification for employment. The
written notice must notify the individual of any conditions placed
on the individual's filing of a subsequent petition for a
certificate of qualification for employment.
If a court of common pleas that receives an individual's
petition for a certificate of qualification for employment under
division (B)(2) of this section or that is forwarded a petition
for such a certificate under division (B)(5)(a) of this section
denies the petition, the individual may appeal the decision to the
court of appeals only if the individual alleges that the denial
was an abuse of discretion on the part of the court of common
pleas.
(D) A certificate of qualification for employment issued to
an individual lifts the automatic bar of a collateral sanction,
and a decision-maker may consider on a case-by-case basis whether
to grant or deny the issuance or restoration of an occupational
license or an employment opportunity, notwithstanding the
individual's possession of the certificate, without, however,
reconsidering or rejecting any finding made by a designee or court
under division (C)(3) of this section.
(E) A certificate of qualification for employment does not
grant the individual to whom the certificate was issued relief
from the mandatory civil impacts identified in division (A)(1) of
section 2961.01 or division (B) of section 2961.02 of the Revised
Code.
(F) A petition for a certificate of qualification for
employment filed by an individual under division (B)(1) or (2) of
this section shall include all of the following:
(1) The individual's name, date of birth, and social security
number;
(2) All aliases of the individual and all social security
numbers associated with those aliases;
(3) The individual's residence address, including the city,
county, and state of residence and zip code;
(4) The length of time that the individual has been a
resident of this state, expressed in years and months of
residence;
(5) The name or type of each collateral sanction from which
the individual is requesting a certificate of qualification for
employment;
(6) A summary of the individual's criminal history with
respect to each offense that is a disqualification from employment
or licensing in an occupation or profession, including the years
of each conviction or plea of guilty for each of those offenses;
(7) A summary of the individual's employment history,
specifying the name of, and dates of employment with, each
employer;
(8) Verifiable references and endorsements;
(9) The name of one or more immediate family members of the
individual, or other persons with whom the individual has a close
relationship, who support the individual's reentry plan;
(10) A summary of the reason the individual believes the
certificate of qualification for employment should be granted;
(11) Any other information required by rule by the department
of rehabilitation and correction.
(G)(1) In a judicial or administrative proceeding alleging
negligence or other fault, a certificate of qualification for
employment issued to an individual under this section may be
introduced as evidence of a person's due care in hiring,
retaining, licensing, leasing to, admitting to a school or
program, or otherwise transacting business or engaging in activity
with the individual to whom the certificate of qualification for
employment was issued if the person knew of the certificate at the
time of the alleged negligence or other fault.
(2) In any proceeding on a claim against an employer for
negligent hiring, a certificate of qualification for employment
issued to an individual under this section shall provide immunity
for the employer as to the claim if the employer knew of the
certificate at the time of the alleged negligence.
(3) If an employer hires an individual who has been issued a
certificate of qualification for employment under this section, if
the individual, after being hired, subsequently demonstrates
dangerousness or is convicted of or pleads guilty to a felony, and
if the employer retains the individual as an employee after the
demonstration of dangerousness or the conviction or guilty plea,
the employer may be held liable in a civil action that is based on
or relates to the retention of the individual as an employee only
if it is proved by a preponderance of the evidence that the person
having hiring and firing responsibility for the employer had
actual knowledge that the employee was dangerous or had been
convicted of or pleaded guilty to the felony and was willful in
retaining the individual as an employee after the demonstration of
dangerousness or the conviction or guilty plea of which the person
has actual knowledge.
(H) A certificate of qualification for employment issued
under this section shall be presumptively revoked if the
individual to whom the certificate of qualification for employment
was issued is convicted of or pleads guilty to a felony offense
committed subsequent to the issuance of the certificate of
qualification for employment.
(I) A designee's forwarding, or failure to forward, a
petition for a certificate of qualification for employment to a
court or a court's issuance, or failure to issue, a petition for a
certificate of qualification for employment to an individual under
division (B) of this section does not give rise to a claim for
damages against the department of rehabilitation and correction or
court.
(J) Not later than ninety days after the effective date of
this section, the division of parole and community services shall
adopt rules in accordance with Chapter 119. of the Revised Code
for the implementation and administration of this section and
shall prescribe the form for the petition to be used under
division (B)(1) or (2) of this section. The form for the petition
shall include places for all of the information specified in
division (F) of this section. Upon the adoption of the rules, the
provisions of divisions (A) to (I) of this section become
operative.
(K) The department of rehabilitation and correction shall
conduct a study to determine the manner for transferring the
mechanism for the issuance of a certificate of qualification for
employment created by this section to an electronic database
established and maintained by the department. The database to
which the mechanism is to be transferred shall include granted
certificates and revoked certificates and shall be designed to
track the number of certificates granted and revoked, the
industries, occupations, and professions with respect to which the
certificates have been most applicable, the types of employers
that have accepted the certificates, and the recidivism rates of
individuals who have been issued the certificates. Not later than
the date that is one year after the effective date of this
section, the department of rehabilitation and correction shall
submit to the general assembly and the governor a report that
contains the results of the study and recommendations for
transferring the mechanism for the issuance of certificate of
qualification for employment created by this section to an
electronic database established and maintained by the department.
(L) The department of rehabilitation and correction, in
conjunction with the Ohio judicial conference, shall conduct a
study to determine whether the application process for
certificates of qualification for employment created by this
section is feasible based upon the caseload capacity of the
department and the courts of common pleas. Not later than the date
that is one year after the effective date of this section, the
department shall submit to the general assembly a report that
contains the results of the study and any recommendations for
improvement of the application process.
Sec. 2953.31. As used in sections 2953.31 to 2953.36 of the
Revised Code:
(A) "First Eligible offender" means anyone who has been
convicted of an offense in this state or any other jurisdiction
and who
previously or subsequently has not been convicted of the
same or a different offense has not more than one felony
conviction, not more than two misdemeanor convictions if the
convictions are not of the same offense, or not more than one
felony conviction and one misdemeanor conviction in this state or
any other jurisdiction. When two or more convictions result from
or are connected with the same act or result from offenses
committed at the same time, they shall be counted as one
conviction. When two or three convictions result from the same
indictment, information, or complaint, from the same plea of
guilty, or from the same official proceeding, and result from
related criminal acts that were committed within a three-month
period but do not result from the same act or from offenses
committed at the same time, they shall be counted as one
conviction, provided that a court may decide as provided in
division (C)(1)(a) of section 2953.32 of the Revised Code that it
is not in the public interest for the two or three convictions to
be counted as one conviction.
For purposes of, and except as otherwise provided in, this
division, a conviction for a minor misdemeanor, for a violation of
any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the
Revised Code, or for a violation of a municipal ordinance that is
substantially similar to any section in those chapters is not a
previous or subsequent conviction. However, a conviction for a
violation of section 4511.19, 4511.251, 4549.02, 4549.021,
4549.03, 4549.042, or 4549.62 or sections 4549.41 to 4549.46 of
the Revised Code, for a violation of section 4510.11 or 4510.14 of
the Revised Code that is based upon the offender's operation of a
vehicle during a suspension imposed under section 4511.191 or
4511.196 of the Revised Code, for a violation of a substantially
equivalent municipal ordinance, for a felony violation of Title
XLV of the Revised Code, or for a violation of a substantially
equivalent former law of this state or former municipal ordinance
shall be considered a previous or subsequent conviction.
(B) "Prosecutor" means the county prosecuting attorney, city
director of law, village solicitor, or similar chief legal
officer, who has the authority to prosecute a criminal case in the
court in which the case is filed.
(C) "Bail forfeiture" means the forfeiture of bail by a
defendant who is arrested for the commission of a misdemeanor,
other than a defendant in a traffic case as defined in Traffic
Rule 2, if the forfeiture is pursuant to an agreement with the
court and prosecutor in the case.
(D) "Official records" has the same meaning as in division
(D) of section 2953.51 of the Revised Code.
(E) "Official proceeding" has the same meaning as in section
2921.01 of the Revised Code.
(F) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(G) "Post-release control" and "post-release control
sanction" have the same meanings as in section 2967.01 of the
Revised Code.
(H) "DNA database," "DNA record," and "law enforcement
agency" have the same meanings as in section 109.573 of the
Revised Code.
(I) "Fingerprints filed for record" means any fingerprints
obtained by the superintendent of the bureau of criminal
identification and investigation pursuant to sections 109.57 and
109.571 of the Revised Code.
Sec. 2953.32. (A)(1) Except as provided in section 2953.61
of the Revised Code, a first an eligible offender may apply to the
sentencing court if convicted in this state, or to a court of
common pleas if convicted in another state or in a federal court,
for the sealing of the conviction record. Application may be made
at the expiration of three years after the offender's final
discharge if convicted of a felony, or at the expiration of one
year after the offender's final discharge if convicted of a
misdemeanor.
(2) Any person who has been arrested for any misdemeanor
offense and who has effected a bail forfeiture may apply to the
court in which the misdemeanor criminal case was pending when bail
was forfeited for the sealing of the record of the case. Except as
provided in section 2953.61 of the Revised Code, the application
may be filed at any time after the expiration of one year from the
date on which the bail forfeiture was entered upon the minutes of
the court or the journal, whichever entry occurs first.
(B) Upon the filing of an application under this section, the
court shall set a date for a hearing and shall notify the
prosecutor for the case of the hearing on the application. The
prosecutor may object to the granting of the application by filing
an objection with the court prior to the date set for the hearing.
The prosecutor shall specify in the objection the reasons for
believing a denial of the application is justified. The court
shall direct its regular probation officer, a state probation
officer, or the department of probation of the county in which the
applicant resides to make inquiries and written reports as the
court requires concerning the applicant. If the applicant was
convicted of or pleaded guilty to a violation of division (A)(2)
or (B) of section 2919.21 of the Revised Code, the probation
officer or county department of probation that the court directed
to make inquiries concerning the applicant shall contact the child
support enforcement agency enforcing the applicant's obligations
under the child support order to inquire about the offender's
compliance with the child support order.
(C)(1) The court shall do each of the following:
(a) Determine whether the applicant is a first an eligible
offender or whether the forfeiture of bail was agreed to by the
applicant and the prosecutor in the case. If the applicant applies
as a first an eligible offender pursuant to division (A)(1) of
this section and has two or three convictions that result from the
same indictment, information, or complaint, from the same plea of
guilty, or from the same official proceeding, and result from
related criminal acts that were committed within a three-month
period but do not result from the same act or from offenses
committed at the same time, in making its determination under this
division, the court initially shall determine whether it is not in
the public interest for the two or three convictions to be counted
as one conviction. If the court determines that it is not in the
public interest for the two or three convictions to be counted as
one conviction, the court shall determine that the applicant is
not a first an eligible offender; if the court does not make that
determination, the court shall determine that the offender is a
first an eligible offender.
(b) Determine whether criminal proceedings are pending
against the applicant;
(c) If the applicant is a first an eligible offender who
applies pursuant to division (A)(1) of this section, determine
whether the applicant has been rehabilitated to the satisfaction
of the court;
(d) If the prosecutor has filed an objection in accordance
with division (B) of this section, consider the reasons against
granting the application specified by the prosecutor in the
objection;
(e) Weigh the interests of the applicant in having the
records pertaining to the applicant's conviction sealed against
the legitimate needs, if any, of the government to maintain those
records.
(2) If the court determines, after complying with division
(C)(1) of this section, that the applicant is a first an eligible
offender or the subject of a bail forfeiture, that no criminal
proceeding is pending against the applicant, and that the
interests of the applicant in having the records pertaining to the
applicant's conviction or bail forfeiture sealed are not
outweighed by any legitimate governmental needs to maintain those
records, and that the rehabilitation of an applicant who is a
first an eligible offender applying pursuant to division (A)(1) of
this section has been attained to the satisfaction of the court,
the court, except as provided in divisions (G) and (H) of this
section, shall order all official records pertaining to the case
sealed and, except as provided in division (F) of this section,
all index references to the case deleted and, in the case of bail
forfeitures, shall dismiss the charges in the case. The
proceedings in the case shall be considered not to have occurred
and the conviction or bail forfeiture of the person who is the
subject of the proceedings shall be sealed, except that upon
conviction of a subsequent offense, the sealed record of prior
conviction or bail forfeiture may be considered by the court in
determining the sentence or other appropriate disposition,
including the relief provided for in sections 2953.31 to 2953.33
of the Revised Code.
(3) Upon the filing of an application under this section, the
applicant, unless indigent, shall pay a fee of fifty dollars. The
court shall pay thirty dollars of the fee into the state treasury.
It shall pay twenty dollars of the fee into the county general
revenue fund if the sealed conviction or bail forfeiture was
pursuant to a state statute, or into the general revenue fund of
the municipal corporation involved if the sealed conviction or
bail forfeiture was pursuant to a municipal ordinance.
(D) Inspection of the sealed records included in the order
may be made only by the following persons or for the following
purposes:
(1) By a law enforcement officer or prosecutor, or the
assistants of either, to determine whether the nature and
character of the offense with which a person is to be charged
would be affected by virtue of the person's previously having been
convicted of a crime;
(2) By the parole or probation officer of the person who is
the subject of the records, for the exclusive use of the officer
in supervising the person while on parole or under a community
control sanction or a post-release control sanction, and in making
inquiries and written reports as requested by the court or adult
parole authority;
(3) Upon application by the person who is the subject of the
records, by the persons named in the application;
(4) By a law enforcement officer who was involved in the
case, for use in the officer's defense of a civil action arising
out of the officer's involvement in that case;
(5) By a prosecuting attorney or the prosecuting attorney's
assistants, to determine a defendant's eligibility to enter a
pre-trial diversion program established pursuant to section
2935.36 of the Revised Code;
(6) By any law enforcement agency or any authorized employee
of a law enforcement agency or by the department of rehabilitation
and correction as part of a background investigation of a person
who applies for employment with the agency as a law enforcement
officer or with the department as a corrections officer;
(7) By any law enforcement agency or any authorized employee
of a law enforcement agency, for the purposes set forth in, and in
the manner provided in, section 2953.321 of the Revised Code;
(8) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of providing information to a board or person pursuant to
division (F) or (G) of section 109.57 of the Revised Code;
(9) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of performing a criminal history records check on a person
to whom a certificate as prescribed in section 109.77 of the
Revised Code is to be awarded;
(10) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of conducting a criminal records check of an individual
pursuant to division (B) of section 109.572 of the Revised Code
that was requested pursuant to any of the sections identified in
division (B)(1) of that section;
(11) By the bureau of criminal identification and
investigation, an authorized employee of the bureau, a sheriff, or
an authorized employee of a sheriff in connection with a criminal
records check described in section 311.41 of the Revised Code;
(12) By the attorney general or an authorized employee of the
attorney general or a court for purposes of determining a person's
classification pursuant to Chapter 2950. of the Revised Code.
When the nature and character of the offense with which a
person is to be charged would be affected by the information, it
may be used for the purpose of charging the person with an
offense.
(E) In any criminal proceeding, proof of any otherwise
admissible prior conviction may be introduced and proved,
notwithstanding the fact that for any such prior conviction an
order of sealing previously was issued pursuant to sections
2953.31 to 2953.36 of the Revised Code.
(F) The person or governmental agency, office, or department
that maintains sealed records pertaining to convictions or bail
forfeitures that have been sealed pursuant to this section may
maintain a manual or computerized index to the sealed records. The
index shall contain only the name of, and alphanumeric identifiers
that relate to, the persons who are the subject of the sealed
records, the word "sealed," and the name of the person, agency,
office, or department that has custody of the sealed records, and
shall not contain the name of the crime committed. The index shall
be made available by the person who has custody of the sealed
records only for the purposes set forth in divisions (C), (D), and
(E) of this section.
(G) Notwithstanding any provision of this section or section
2953.33 of the Revised Code that requires otherwise, a board of
education of a city, local, exempted village, or joint vocational
school district that maintains records of an individual who has
been permanently excluded under sections 3301.121 and 3313.662 of
the Revised Code is permitted to maintain records regarding a
conviction that was used as the basis for the individual's
permanent exclusion, regardless of a court order to seal the
record. An order issued under this section to seal the record of a
conviction does not revoke the adjudication order of the
superintendent of public instruction to permanently exclude the
individual who is the subject of the sealing order. An order
issued under this section to seal the record of a conviction of an
individual may be presented to a district superintendent as
evidence to support the contention that the superintendent should
recommend that the permanent exclusion of the individual who is
the subject of the sealing order be revoked. Except as otherwise
authorized by this division and sections 3301.121 and 3313.662 of
the Revised Code, any school employee in possession of or having
access to the sealed conviction records of an individual that were
the basis of a permanent exclusion of the individual is subject to
section 2953.35 of the Revised Code.
(H) For purposes of sections 2953.31 to 2953.36 of the
Revised Code, DNA records collected in the DNA database and
fingerprints filed for record by the superintendent of the bureau
of criminal identification and investigation shall not be sealed
unless the superintendent receives a certified copy of a final
court order establishing that the offender's conviction has been
overturned. For purposes of this section, a court order is not
"final" if time remains for an appeal or application for
discretionary review with respect to the order.
Sec. 2953.34. Nothing in sections 2953.31 to 2953.33 of the
Revised Code precludes a first an eligible offender from taking an
appeal or seeking any relief from
his the eligible offender's
conviction or from relying on it in lieu of any subsequent
prosecution for the same offense.
Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised
Code do not apply to any of the following:
(A) Convictions when the offender is subject to a mandatory
prison term;
(B) Convictions under section 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised
Code, or a conviction for a violation of a municipal ordinance
that is substantially similar to any section contained in any of
those chapters;
(C) Convictions of an offense of violence when the offense is
a misdemeanor of the first degree or a felony and when the offense
is not a violation of section 2917.03 of the Revised Code and is
not a violation of section 2903.13, 2917.01, or 2917.31 of the
Revised Code that is a misdemeanor of the first degree;
(D) Convictions on or after the effective date of this
amendment October 10, 2007, under section 2907.07 of the Revised
Code or a conviction on or after the effective date of this
amendment October 10, 2007, for a violation of a municipal
ordinance that is substantially similar to that section;
(E) Convictions on or after the effective date of this
amendment October 10, 2007, under section 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.31, 2907.311, 2907.32, or 2907.33
of the Revised Code when the victim of the offense was under
eighteen years of age;
(F) Convictions of an offense in circumstances in which the
victim of the offense was under eighteen years of age when the
offense is a misdemeanor of the first degree or a felony, except
for convictions under section 2919.21 of the Revised Code;
(G) Convictions of a felony of the first or second degree;
(H) Bail forfeitures in a traffic case as defined in Traffic
Rule 2.
Sec. 2967.191. The department of rehabilitation and
correction shall reduce the stated prison term of a prisoner or,
if the prisoner is serving a term for which there is parole
eligibility, the minimum and maximum term or the parole
eligibility date of the prisoner by the total number of days that
the prisoner was confined for any reason arising out of the
offense for which the prisoner was convicted and sentenced,
including confinement in lieu of bail while awaiting trial,
confinement for examination to determine the prisoner's competence
to stand trial or sanity, and confinement while awaiting
transportation to the place where the prisoner is to serve the
prisoner's prison term, and confinement in a juvenile facility.
Sec. 3119.01. (A) As used in the Revised Code, "child
support enforcement agency" means a child support enforcement
agency designated under former section 2301.35 of the Revised Code
prior to October 1, 1997, or a private or government entity
designated as a child support enforcement agency under section
307.981 of the Revised Code.
(B) As used in this chapter and Chapters 3121., 3123., and
3125. of the Revised Code:
(1) "Administrative child support order" means any order
issued by a child support enforcement agency for the support of a
child pursuant to section 3109.19 or 3111.81 of the Revised Code
or former section 3111.211 of the Revised Code, section 3111.21 of
the Revised Code as that section existed prior to January 1, 1998,
or section 3111.20 or 3111.22 of the Revised Code as those
sections existed prior to March 22, 2001.
(2) "Child support order" means either a court child support
order or an administrative child support order.
(3) "Obligee" means the person who is entitled to receive the
support payments under a support order.
(4) "Obligor" means the person who is required to pay support
under a support order.
(5) "Support order" means either an administrative child
support order or a court support order.
(C) As used in this chapter:
(1) "Combined gross income" means the combined gross income
of both parents.
(2) "Court child support order" means any order issued by a
court for the support of a child pursuant to Chapter 3115. of the
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13,
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised
Code, or division (B) of former section 3113.21 of the Revised
Code.
(3) "Court support order" means either a court child support
order or an order for the support of a spouse or former spouse
issued pursuant to Chapter 3115. of the Revised Code, section
3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B)
of former section 3113.21 of the Revised Code.
(4) "Extraordinary medical expenses" means any uninsured
medical expenses incurred for a child during a calendar year that
exceed one hundred dollars.
(5) "Income" means either of the following:
(a) For a parent who is employed to full capacity, the gross
income of the parent;
(b) For a parent who is unemployed or underemployed, the sum
of the gross income of the parent and any potential income of the
parent.
(6) "Insurer" means any person authorized under Title XXXIX
of the Revised Code to engage in the business of insurance in this
state, any health insuring corporation, and any legal entity that
is self-insured and provides benefits to its employees or members.
(7) "Gross income" means, except as excluded in division
(C)(7) of this section, the total of all earned and unearned
income from all sources during a calendar year, whether or not the
income is taxable, and includes income from salaries, wages,
overtime pay, and bonuses to the extent described in division (D)
of section 3119.05 of the Revised Code; commissions; royalties;
tips; rents; dividends; severance pay; pensions; interest; trust
income; annuities; social security benefits, including retirement,
disability, and survivor benefits that are not means-tested;
workers' compensation benefits; unemployment insurance benefits;
disability insurance benefits; benefits that are not means-tested
and that are received by and in the possession of the veteran who
is the beneficiary for any service-connected disability under a
program or law administered by the United States department of
veterans' affairs or veterans' administration; spousal support
actually received; and all other sources of income. "Gross income"
includes income of members of any branch of the United States
armed services or national guard, including, amounts representing
base pay, basic allowance for quarters, basic allowance for
subsistence, supplemental subsistence allowance, cost of living
adjustment, specialty pay, variable housing allowance, and pay for
training or other types of required drills; self-generated income;
and potential cash flow from any source.
"Gross income" does not include any of the following:
(a) Benefits received from means-tested government
administered programs, including Ohio works first; prevention,
retention, and contingency; means-tested veterans' benefits;
supplemental security income; supplemental nutrition assistance
program; disability financial assistance; or other assistance for
which eligibility is determined on the basis of income or assets;
(b) Benefits for any service-connected disability under a
program or law administered by the United States department of
veterans' affairs or veterans' administration that are not
means-tested, that have not been distributed to the veteran who is
the beneficiary of the benefits, and that are in the possession of
the United States department of veterans' affairs or veterans'
administration;
(c) Child support received for children who were not born or
adopted during the marriage at issue;
(d) Amounts paid for mandatory deductions from wages such as
union dues but not taxes, social security, or retirement in lieu
of social security;
(e) Nonrecurring or unsustainable income or cash flow items;
(f) Adoption assistance and foster care maintenance payments
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.
501, 42 U.S.C.A. 670 (1980), as amended.
(8) "Nonrecurring or unsustainable income or cash flow item"
means an income or cash flow item the parent receives in any year
or for any number of years not to exceed three years that the
parent does not expect to continue to receive on a regular basis.
"Nonrecurring or unsustainable income or cash flow item" does not
include a lottery prize award that is not paid in a lump sum or
any other item of income or cash flow that the parent receives or
expects to receive for each year for a period of more than three
years or that the parent receives and invests or otherwise uses to
produce income or cash flow for a period of more than three years.
(9)(a) "Ordinary and necessary expenses incurred in
generating gross receipts" means actual cash items expended by the
parent or the parent's business and includes depreciation expenses
of business equipment as shown on the books of a business entity.
(b) Except as specifically included in "ordinary and
necessary expenses incurred in generating gross receipts" by
division (C)(9)(a) of this section, "ordinary and necessary
expenses incurred in generating gross receipts" does not include
depreciation expenses and other noncash items that are allowed as
deductions on any federal tax return of the parent or the parent's
business.
(10) "Personal earnings" means compensation paid or payable
for personal services, however denominated, and includes wages,
salary, commissions, bonuses, draws against commissions, profit
sharing, vacation pay, or any other compensation.
(11) "Potential income" means both of the following for a
parent who the court pursuant to a court support order, or a child
support enforcement agency pursuant to an administrative child
support order, determines is voluntarily unemployed or voluntarily
underemployed:
(a) Imputed income that the court or agency determines the
parent would have earned if fully employed as determined from the
following criteria:
(i) The parent's prior employment experience;
(ii) The parent's education;
(iii) The parent's physical and mental disabilities, if any;
(iv) The availability of employment in the geographic area in
which the parent resides;
(v) The prevailing wage and salary levels in the geographic
area in which the parent resides;
(vi) The parent's special skills and training;
(vii) Whether there is evidence that the parent has the
ability to earn the imputed income;
(viii) The age and special needs of the child for whom child
support is being calculated under this section;
(ix) The parent's increased earning capacity because of
experience;
(x) The parent's decreased earning capacity because of a
felony conviction;
(xi) Any other relevant factor.
(b) Imputed income from any nonincome-producing assets of a
parent, as determined from the local passbook savings rate or
another appropriate rate as determined by the court or agency, not
to exceed the rate of interest specified in division (A) of
section 1343.03 of the Revised Code, if the income is significant.
(12) "Schedule" means the basic child support schedule set
forth in section 3119.021 of the Revised Code.
(13) "Self-generated income" means gross receipts received by
a parent from self-employment, proprietorship of a business, joint
ownership of a partnership or closely held corporation, and rents
minus ordinary and necessary expenses incurred by the parent in
generating the gross receipts. "Self-generated income" includes
expense reimbursements or in-kind payments received by a parent
from self-employment, the operation of a business, or rents,
including company cars, free housing, reimbursed meals, and other
benefits, if the reimbursements are significant and reduce
personal living expenses.
(14) "Split parental rights and responsibilities" means a
situation in which there is more than one child who is the subject
of an allocation of parental rights and responsibilities and each
parent is the residential parent and legal custodian of at least
one of those children.
(15) "Worksheet" means the applicable worksheet that is used
to calculate a parent's child support obligation as set forth in
sections 3119.022 and 3119.023 of the Revised Code.
Sec. 3119.05. When a court computes the amount of child
support required to be paid under a court child support order or a
child support enforcement agency computes the amount of child
support to be paid pursuant to an administrative child support
order, all of the following apply:
(A) The parents' current and past income and personal
earnings shall be verified by electronic means or with suitable
documents, including, but not limited to, paystubs, employer
statements, receipts and expense vouchers related to
self-generated income, tax returns, and all supporting
documentation and schedules for the tax returns.
(B) The amount of any pre-existing child support obligation
of a parent under a child support order and the amount of any
court-ordered spousal support actually paid shall be deducted from
the gross income of that parent to the extent that payment under
the child support order or that payment of the court-ordered
spousal support is verified by supporting documentation.
(C) If other minor children who were born to the parent and a
person other than the other parent who is involved in the
immediate child support determination live with the parent, the
court or agency shall deduct an amount from that parent's gross
income that equals the number of such minor children times the
federal income tax exemption for such children less child support
received for them for the year, not exceeding the federal income
tax exemption.
(D) When the court or agency calculates the gross income of a
parent, it shall include the lesser of the following as income
from overtime and bonuses:
(1) The yearly average of all overtime, commissions, and
bonuses received during the three years immediately prior to the
time when the person's child support obligation is being computed;
(2) The total overtime, commissions, and bonuses received
during the year immediately prior to the time when the person's
child support obligation is being computed.
(E) When the court or agency calculates the gross income of a
parent, it shall not include any income earned by the spouse of
that parent.
(F) The court shall issue a separate order for extraordinary
medical or dental expenses, including, but not limited to,
orthodontia, psychological, appropriate private education, and
other expenses, and may consider the expenses in adjusting a child
support order.
(G) When a court or agency calculates the amount of child
support to be paid pursuant to a court child support order or an
administrative child support order, if the combined gross income
of both parents is an amount that is between two amounts set forth
in the first column of the schedule, the court or agency may use
the basic child support obligation that corresponds to the higher
of the two amounts in the first column of the schedule, use the
basic child support obligation that corresponds to the lower of
the two amounts in the first column of the schedule, or calculate
a basic child support obligation that is between those two amounts
and corresponds proportionally to the parents' actual combined
gross income.
(H) When the court or agency calculates gross income, the
court or agency, when appropriate, may average income over a
reasonable period of years.
(I) A Unless it would be unjust or inappropriate and
therefore not in the best interests of the child, a court or
agency shall not determine a parent receiving means-tested public
assistance benefits to be voluntarily unemployed or underemployed
and shall not impute income to that parent, unless not making such
determination and not imputing income would be unjust,
inappropriate, and not in the best interest of the child if either
of the following conditions exist:
(1) The parent is receiving recurring monetary income from
means-tested public assistance benefits, including cash assistance
payments under the Ohio works first program established under
Chapter 5107. of the Revised Code, financial assistance under the
disability financial assistance program established under Chapter
5115. of the Revised Code, supplemental security income, or
means-tested veterans' benefits;
(2) The parent is incarcerated or institutionalized for a
period of twelve months or more with no other available assets,
unless the parent is incarcerated for an offense relating to the
abuse or neglect of a child who is the subject of the support
order or an offense under Title XXIX of the Revised Code when the
obligee or a child who is the subject of the support order is a
victim of the offense.
(J) When a court or agency requires a parent to pay an amount
for that parent's failure to support a child for a period of time
prior to the date the court modifies or issues a court child
support order or an agency modifies or issues an administrative
child support order for the current support of the child, the
court or agency shall calculate that amount using the basic child
support schedule, worksheets, and child support laws in effect,
and the incomes of the parents as they existed, for that prior
period of time.
(K) A court or agency may disregard a parent's additional
income from overtime or additional employment when the court or
agency finds that the additional income was generated primarily to
support a new or additional family member or members, or under
other appropriate circumstances.
(L) If both parents involved in the immediate child support
determination have a prior order for support relative to a minor
child or children born to both parents, the court or agency shall
collect information about the existing order or orders and
consider those together with the current calculation for support
to ensure that the total of all orders for all children of the
parties does not exceed the amount that would have been ordered if
all children were addressed in a single judicial or administrative
proceeding.
Sec. 3123.58. (A) On receipt of a notice pursuant to section
3123.54 of the Revised Code, the registrar of motor vehicles shall
determine whether the individual named in the notice holds or has
applied for a driver's license or commercial driver's license,
motorcycle operator's license or endorsement, or temporary
instruction permit or commercial driver's temporary instruction
permit. If the registrar determines that the individual holds or
has applied for a license, permit, or endorsement and the
individual is the individual named in the notice and does not
receive a notice pursuant to section 3123.56 or 3123.57 of the
Revised Code, the registrar immediately shall provide notice of
the determination to each deputy registrar. The registrar or a
deputy registrar may not issue to the individual a driver's or
commercial driver's license, motorcycle operator's license or
endorsement, or temporary instruction permit or commercial
driver's temporary instruction permit and may not renew for the
individual a driver's or commercial driver's license, motorcycle
operator's license or endorsement, or commercial driver's
temporary instruction permit. The registrar or a deputy registrar
also shall impose a class F suspension of the license, permit, or
endorsement held by the individual under division (B)(6) of
section 4510.02 of the Revised Code.
(B)(1) A court may grant an individual whose license, permit,
or endorsement is suspended under this section limited driving
privileges in accordance with division (B) of section 4510.021 of
the Revised Code pursuant to a request made during an action for
contempt initiated under section 2705.031 of the Revised Code.
Prior to granting privileges under this division, the court shall
request the accused to provide the court with a recent
noncertified copy of a driver's abstract from the registrar of
motor vehicles and shall request the child support enforcement
agency that issued the notice pursuant to section 3123.54 of the
Revised Code relative to the individual to advise the court,
either in person through a representative testifying at a hearing
or through a written document, the position of the agency relative
to the issue of the granting of privileges to the individual. The
court, in determining whether to grant the individual privileges
under this division, shall take into consideration the position of
the agency, but the court is not bound by the position of the
agency.
(2) A court that grants limited driving privileges to a
person under division (B)(1) of this section shall deliver to the
person a permit card, in a form to be prescribed by the court,
setting forth the date on which the limited privileges will become
effective, the purposes for which the person may drive, the times
and places at which the person may drive, and any other conditions
imposed upon the person's use of a motor vehicle.
(3) The court immediately shall notify the registrar, in
writing, of a grant of limited driving privileges under division
(B)(1) of this section. The notification shall specify the date on
which the limited driving privileges will become effective, the
purposes for which the person may drive, and any other conditions
imposed upon the person's use of a motor vehicle.
(C) If a person who has been granted limited driving
privileges under division (B)(1) of this section is convicted of,
pleads guilty to, or is adjudicated in juvenile court of having
committed a violation of Chapter 4510. of the Revised Code or any
similar municipal ordinance during the period of which the person
was granted limited driving privileges, the person's limited
driving privileges shall be suspended immediately pending a
reinstatement hearing.
Sec. 3772.10. (A) In determining whether to grant or maintain
the privilege of a casino operator, management company, holding
company, key employee, casino gaming employee, or gaming-related
vendor license, the Ohio casino control commission shall consider
all of the following, as applicable:
(1) The reputation, experience, and financial integrity of
the applicant, its holding company, if applicable, and any other
person that directly or indirectly controls the applicant;
(2) The financial ability of the applicant to purchase and
maintain adequate liability and casualty insurance and to provide
an adequate surety bond;
(3) The past and present compliance of the applicant and its
affiliates or affiliated companies with casino-related licensing
requirements in this state or any other jurisdiction, including
whether the applicant has a history of noncompliance with the
casino licensing requirements of any jurisdiction;
(4) If the applicant has been indicted, convicted, pleaded
guilty or no contest, or forfeited bail concerning any criminal
offense under the laws of any jurisdiction, either felony or
misdemeanor, not including traffic violations;
(5) If the applicant has filed, or had filed against it a
proceeding for bankruptcy or has ever been involved in any formal
process to adjust, defer, suspend, or otherwise work out the
payment of any debt;
(6) If the applicant has been served with a complaint or
other notice filed with any public body regarding a payment of any
tax required under federal, state, or local law that has been
delinquent for one or more years;
(7) If the applicant is or has been a defendant in litigation
involving its business practices;
(8) If awarding a license would undermine the public's
confidence in the casino gaming industry in this state;
(9) If the applicant meets other standards for the issuance
of a license that the commission adopts by rule, which shall not
be arbitrary, capricious, or contradictory to the expressed
provisions of this chapter.
(B) All applicants for a license under this chapter shall
establish their suitability for a license by clear and convincing
evidence. If the commission determines that a person is eligible
under this chapter to be issued a license as a casino operator,
management company, holding company, key employee, casino gaming
employee, or gaming-related vendor, the commission shall issue
such license for not more than three years, as determined by
commission rule, if all other requirements of this chapter have
been satisfied.
(C) The commission shall not issue a casino operator,
management company, holding company, key employee, casino gaming
employee, or gaming-related vendor license under this chapter to
an applicant if:
(1) The applicant has been convicted of a disqualifying
offense, as defined in section 3772.07 of the Revised Code.
(2) The applicant has submitted an application for license
under this chapter that contains false information.
(3) The applicant is a commission member.
(4) The applicant owns an ownership interest that is unlawful
under this chapter, unless waived by the commission.
(5) The applicant violates specific rules adopted by the
commission related to denial of licensure.
(6) The applicant is a member of or employed by a gaming
regulatory body of a governmental unit in this state, another
state, or the federal government, or is employed by a governmental
unit of this state. This division does not prohibit a casino
operator from hiring special duty law enforcement officers if the
officers are not specifically involved in gaming-related
regulatory functions.
(7) The commission otherwise determines the applicant is
ineligible for the license.
(D)(1) The commission shall investigate the qualifications of
each applicant under this chapter before any license is issued and
before any finding with regard to acts or transactions for which
commission approval is required is made. The commission shall
continue to observe the conduct of all licensees and all other
persons having a material involvement directly or indirectly with
a casino operator, management company, or holding company to
ensure that licenses are not issued to or held by, or that there
is not any material involvement with a casino operator, management
company, or holding company by, an unqualified, disqualified, or
unsuitable person or a person whose operations are conducted in an
unsuitable manner or in unsuitable or prohibited places or
locations.
(2) The executive director may recommend to the commission
that it deny any application, or limit, condition, or restrict, or
suspend or revoke, any license or finding, or impose any fine upon
any licensee or other person according to this chapter and the
rules adopted thereunder.
(3) A license issued under this chapter is a revocable
privilege. No licensee has a vested right in or under any license
issued under this chapter. The initial determination of the
commission to deny, or to limit, condition, or restrict, a license
may be appealed under section 2505.03 of the Revised Code.
(E)(1) An institutional investor otherwise required to be
found suitable or qualified under this chapter and the rules
adopted under this chapter shall be presumed suitable or qualified
upon submitting documentation sufficient to establish
qualifications as an institutional investor and upon certifying
all of the following:
(a) The institutional investor owns, holds, or controls
publicly traded securities issued by a licensee or holding,
intermediate, or parent company of a licensee or in the ordinary
course of business for investment purposes only.
(b) The institutional investor does not exercise influence
over the affairs of the issuer of such securities nor over any
licensed subsidiary of the issuer of such securities.
(c) The institutional investor does not intend to exercise
influence over the affairs of the issuer of such securities, nor
over any licensed subsidiary of the issuer of such securities, in
the future, and that it agrees to notify the commission in writing
within thirty days if such intent changes.
(2) The exercise of voting privileges with regard to publicly
traded securities shall not be deemed to constitute the exercise
of influence over the affairs of a licensee.
(3) The commission shall rescind the presumption of
suitability for an institutional investor at any time if the
institutional investor exercises or intends to exercise influence
or control over the affairs of the licensee.
(4) This division shall not be construed to preclude the
commission from investigating the suitability or qualifications of
an institutional investor if the commission becomes aware of facts
or information that may result in the institutional investor being
found unsuitable or disqualified.
(F) Information provided on the application shall be used as
a basis for a thorough background investigation of each applicant.
A false or incomplete application is cause for denial of a license
by the commission. All applicants and licensees shall consent to
inspections, searches, and seizures and to the disclosure to the
commission and its agents of confidential records, including tax
records, held by any federal, state, or local agency, credit
bureau, or financial institution and to provide handwriting
exemplars, photographs, fingerprints, and information as
authorized in this chapter and in rules adopted by the commission.
(G) The commission shall provide a written statement to each
applicant for a license under this chapter who is denied the
license that describes the reason or reasons for which the
applicant was denied the license.
(H) Not later than January 31 in each calendar year, the
commission shall provide to the general assembly and the governor
a report that, for each type of license issued under this chapter,
specifies the number of applications made in the preceding
calendar year for each type of such license, the number of
applications denied in the preceding calendar year for each type
of such license, and the reasons for those denials. The
information regarding the reasons for the denials shall specify
each reason that resulted in, or that was a factor resulting in,
denial for each type of license issued under this chapter and, for
each of those reasons, the total number of denials for each such
type that involved that reason.
Sec. 4301.99. (A) Whoever violates section 4301.47, 4301.48,
4301.49, 4301.62, or 4301.70 or division (C) of section 4301.65 or
division (B) of section 4301.691 of the Revised Code is guilty of
a minor misdemeanor.
(B) Whoever violates section 4301.15, division (A)(2) or (C)
of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I)
of section 4301.631, or section 4301.64 or 4301.67 of the Revised
Code is guilty of a misdemeanor of the fourth degree.
If an offender who violates section 4301.64 of the Revised
Code was under the age of eighteen years at the time of the
offense, the court, in addition to any other penalties it imposes
upon the offender, shall may suspend the offender's temporary
instruction permit, probationary driver's license, or driver's
license for a period of not less than six months and not more than
one year. In lieu of suspending the offender's temporary
instruction permit, probationary driver's license, or driver's
license, the court instead may require the offender to perform
community service for a number of hours determined by the court.
If the offender is fifteen years and six months of age or older
and has not been issued a temporary instruction permit or
probationary driver's license, the offender shall not be eligible
to be issued such a license or permit for a period of six months.
If the offender has not attained the age of fifteen years and six
months, the offender shall not be eligible to be issued a
temporary instruction permit until the offender attains the age of
sixteen years.
(C) Whoever violates division (D) of section 4301.21, section
4301.251, 4301.58, 4301.59, 4301.60, 4301.633, 4301.66, 4301.68,
or 4301.74, division (B), (C), (D), (E)(1), or (F) of section
4301.69, or division (C), (D), (E), (F), (G), or (I) of section
4301.691 of the Revised Code is guilty of a misdemeanor of the
first degree.
If an offender who violates division (E)(1) of section
4301.69 of the Revised Code was under the age of eighteen years at
the time of the offense and the offense occurred while the
offender was the operator of or a passenger in a motor vehicle,
the court, in addition to any other penalties it imposes upon the
offender, shall suspend the offender's temporary instruction
permit or probationary driver's license for a period of not less
than six months and not more than one year. If the offender is
fifteen years and six months of age or older and has not been
issued a temporary instruction permit or probationary driver's
license, the offender shall not be eligible to be issued such a
license or permit for a period of six months. If the offender has
not attained the age of fifteen years and six months, the offender
shall not be eligible to be issued a temporary instruction permit
until the offender attains the age of sixteen years.
(D) Whoever violates division (B) of section 4301.14, or
division (A)(1) or (3) or (B) of section 4301.22 of the Revised
Code is guilty of a misdemeanor of the third degree.
(E) Whoever violates section 4301.63 or division (B) of
section 4301.631 of the Revised Code shall be fined not less than
twenty-five nor more than one hundred dollars. The court imposing
a fine for a violation of section 4301.63 or division (B) of
section 4301.631 of the Revised Code may order that the fine be
paid by the performance of public work at a reasonable hourly rate
established by the court. The court shall designate the time
within which the public work shall be completed.
(F)(1) Whoever violates section 4301.634 of the Revised Code
is guilty of a misdemeanor of the first degree. If, in committing
a first violation of that section, the offender presented to the
permit holder or the permit holder's employee or agent a false,
fictitious, or altered identification card, a false or fictitious
driver's license purportedly issued by any state, or a driver's
license issued by any state that has been altered, the offender is
guilty of a misdemeanor of the first degree and shall be fined not
less than two hundred fifty and not more than one thousand
dollars, and may be sentenced to a term of imprisonment of not
more than six months.
(2) On a second violation in which, for the second time, the
offender presented to the permit holder or the permit holder's
employee or agent a false, fictitious, or altered identification
card, a false or fictitious driver's license purportedly issued by
any state, or a driver's license issued by any state that has been
altered, the offender is guilty of a misdemeanor of the first
degree and shall be fined not less than five hundred nor more than
one thousand dollars, and may be sentenced to a term of
imprisonment of not more than six months. The court also may
impose a class seven suspension of the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege from the range specified in division (A)(7) of section
4510.02 of the Revised Code.
(3) On a third or subsequent violation in which, for the
third or subsequent time, the offender presented to the permit
holder or the permit holder's employee or agent a false,
fictitious, or altered identification card, a false or fictitious
driver's license purportedly issued by any state, or a driver's
license issued by any state that has been altered, the offender is
guilty of a misdemeanor of the first degree and shall be fined not
less than five hundred nor more than one thousand dollars, and may
be sentenced to a term of imprisonment of not more than six
months. The Except as provided in this division, the court also
shall may impose a class six suspension of the offender's driver's
or commercial driver's license or permit or nonresident operating
privilege from the range specified in division (A)(6) of section
4510.02 of the Revised Code, and the court may order that the
suspension or denial remain in effect until the offender attains
the age of twenty-one years. The court
also, in lieu of suspending
the offender's temporary instruction permit, probationary driver's
license, or driver's license, instead may order the offender to
perform a determinate number of hours of community service, with
the court determining the actual number of hours and the nature of
the community service the offender shall perform.
(G) Whoever violates section 4301.636 of the Revised Code is
guilty of a felony of the fifth degree.
(H) Whoever violates division (A)(1) of section 4301.22 of
the Revised Code is guilty of a misdemeanor, shall be fined not
less than five hundred and not more than one thousand dollars,
and, in addition to the fine, may be imprisoned for a definite
term of not more than sixty days.
(I) Whoever violates division (A) of section 4301.69 or
division (H) of section 4301.691 of the Revised Code is guilty of
a misdemeanor, shall be fined not less than five hundred and not
more than one thousand dollars, and, in addition to the fine, may
be imprisoned for a definite term of not more than six months.
(J) Whoever violates division (B) of section 4301.65 of the
Revised Code is guilty of a misdemeanor of the third degree. For a
second or subsequent violation occurring within a period of five
consecutive years after the first violation, a person is guilty of
a misdemeanor of the first degree.
Sec. 4501.02. (A) There is hereby created in the department
of public safety a bureau of motor vehicles, which shall be
administered by a registrar of motor vehicles. The registrar shall
be appointed by the director of public safety and shall serve at
the director's pleasure.
The registrar shall administer the laws of the state relative
to the registration of and certificates of title for motor
vehicles, and the licensing of motor vehicle dealers, motor
vehicle leasing dealers, distributors, and salespersons, and of
motor vehicle salvage dealers, salvage motor vehicle auctions, and
salvage motor vehicle pools. The registrar also shall, in
accordance with section 4503.61 of the Revised Code, take those
steps necessary to enter this state into membership in the
international registration plan and carry out the registrar's
other duties under that section. The registrar, with the approval
of the director of public safety, may do all of the following:
(1) Adopt such forms and rules as are necessary to carry out
all laws the registrar is required to administer;
(2) Appoint such number of assistants, deputies, clerks,
stenographers, and other employees as are necessary to carry out
such laws;
(3) Acquire or lease such facilities as are necessary to
carry out the duties of the registrar's office;
(4) Apply for, allocate, disburse, and account for grants
made available under federal law or from other federal, state, or
private sources;
(5) Establish accounts in a bank or depository and deposit
any funds collected by the registrar in those accounts to the
credit of "state of Ohio, bureau of motor vehicles." Within three
days after the deposit of funds in such an account, the registrar
shall draw on that account in favor of the treasurer of state. The
registrar may reserve funds against the draw to the treasurer of
state to the extent reasonably necessary to ensure that the
deposited items are not dishonored. The registrar may pay any
service charge usually collected by the bank or depository;
(6) Develop rules that establish disqualifying offenses for
licensure as a motor vehicle salvage dealer pursuant to sections
4738.04, 4738.07, and 4776.10 of the Revised Code.
The registrar shall give a bond for the faithful performance
of the registrar's duties in such amount and with such security as
the director approves. When in the opinion of the director it is
advisable, any deputy or other employee may be required to give
bond in such amount and with such security as the director
approves. In the discretion of the director, the bonds authorized
to be taken on deputies or other employees may be individual,
schedule, or blanket bonds.
The director of public safety may investigate the activities
of the bureau and have access to its records at any time, and the
registrar shall make a report to the director at any time upon
request.
All laws relating to the licensing of motor vehicle dealers,
motor vehicle leasing dealers, distributors, and salespersons, and
of motor vehicle salvage dealers, salvage motor vehicle auctions,
and salvage motor vehicle pools, designating and granting power to
the registrar shall be liberally construed to the end that the
practice or commission of fraud in the business of selling motor
vehicles and of disposing of salvage motor vehicles may be
prohibited and prevented.
(B) There is hereby created in the department of public
safety a division of emergency medical services, which shall be
administered by an executive director of emergency medical
services appointed under section 4765.03 of the Revised Code.
Sec. 4503.233. (A)(1) If a court is required to order the
immobilization of a vehicle for a specified period of time
pursuant to section 4510.11, 4510.14,
4510.16, 4510.161, 4510.41,
4511.19, 4511.193, or 4511.203 of the Revised Code, the court,
subject to section 4503.235 of the Revised Code, shall issue the
immobilization order in accordance with this division and for the
period of time specified in the particular section, and the
immobilization under the order shall be in accordance with this
section. The court, at the time of sentencing the offender for the
offense relative to which the immobilization order is issued or as
soon thereafter as is practicable, shall give a copy of the order
to the offender or the offender's counsel. The court promptly
shall send a copy of the order to the registrar on a form
prescribed by the registrar and to the person or agency it
designates to execute the order.
The order shall indicate the date on which it is issued,
shall identify the vehicle that is subject to the order, and shall
specify all of the following:
(a) The period of the immobilization;
(b) The place at which the court determines that the
immobilization shall be carried out, provided that the court shall
not determine and shall not specify that the immobilization is to
be carried out at any place other than a commercially operated
private storage lot, a place owned by a law enforcement or other
government agency, or a place to which one of the following
applies:
(i) The place is leased by or otherwise under the control of
a law enforcement or other government agency.
(ii) The place is owned by the offender, the offender's
spouse, or a parent or child of the offender.
(iii) The place is owned by a private person or entity, and,
prior to the issuance of the order, the private entity or person
that owns the place, or the authorized agent of that private
entity or person, has given express written consent for the
immobilization to be carried out at that place.
(iv) The place is a public street or highway on which the
vehicle is parked in accordance with the law.
(c) The person or agency designated by the court to execute
the order, which shall be either the law enforcement agency that
employs the law enforcement officer who seized the vehicle, a
bailiff of the court, another person the court determines to be
appropriate to execute the order, or the law enforcement agency
with jurisdiction over the place of residence of the vehicle
owner;
(d) That neither the registrar nor a deputy registrar will be
permitted to accept an application for the license plate
registration of any motor vehicle in the name of the vehicle owner
until the immobilization fee is paid.
(2) The person or agency the court designates to immobilize
the vehicle shall seize or retain that vehicle's license plates
and forward them to the bureau of motor vehicles.
(3) In all cases, the offender shall be assessed an
immobilization fee of one hundred dollars, and the immobilization
fee shall be paid to the registrar before the vehicle may be
released to the offender. Neither the registrar nor a deputy
registrar shall accept an application for the registration of any
motor vehicle in the name of the offender until the immobilization
fee is paid.
(4) If the vehicle subject to the order is immobilized
pursuant to the order and is found being operated upon any street
or highway in this state during the immobilization period, it
shall be seized, removed from the street or highway, and
criminally forfeited and disposed of pursuant to section 4503.234
of the Revised Code.
(5) The registrar shall deposit the immobilization fee into
the law enforcement reimbursement fund created by section 4501.19
of the Revised Code. Money in the fund shall be expended only as
provided in division (A)(5) of this section. If the court
designated in the order a court bailiff or another appropriate
person other than a law enforcement officer to immobilize the
vehicle, the amount of the fee deposited into the law enforcement
reimbursement fund shall be paid out to the county treasury if the
court that issued the order is a county court, to the treasury of
the municipal corporation served by the court if the court that
issued the order is a mayor's court, or to the city treasury of
the legislative authority of the court, both as defined in section
1901.03 of the Revised Code, if the court that issued the order is
a municipal court. If the court designated a law enforcement
agency to immobilize the vehicle and if the law enforcement agency
immobilizes the vehicle, the amount of the fee deposited into the
law enforcement reimbursement fund shall be paid out to the law
enforcement agency to reimburse the agency for the costs it incurs
in obtaining immobilization equipment and, if required, in sending
an officer or other person to search for and locate the vehicle
specified in the immobilization order and to immobilize the
vehicle.
In addition to the immobilization fee required to be paid
under division (A)(3) of this section, the offender may be charged
expenses or charges incurred in the removal and storage of the
immobilized vehicle.
(B) If a court issues an immobilization order under division
(A)(1) of this section, the person or agency designated by the
court to execute the immobilization order promptly shall
immobilize or continue the immobilization of the vehicle at the
place specified by the court in the order. The registrar shall not
authorize the release of the vehicle or authorize the issuance of
new identification license plates for the vehicle at the end of
the immobilization period until the immobilization fee has been
paid.
(C) Upon receipt of the license plates for a vehicle under
this section, the registrar shall destroy the license plates. At
the end of the immobilization period and upon the payment of the
immobilization fee that must be paid under this section, the
registrar shall authorize the release of the vehicle and authorize
the issuance, upon the payment of the same fee as is required for
the replacement of lost, mutilated, or destroyed license plates
and certificates of registration, of new license plates and, if
necessary, a new certificate of registration to the offender for
the vehicle in question.
(D)(1) If a court issues an immobilization order under
division (A) of this section, the immobilization period commences
on the day on which the vehicle in question is immobilized. If the
vehicle in question had been seized under section 4510.41 or
4511.195 of the Revised Code, the time between the seizure and the
beginning of the immobilization period shall be credited against
the immobilization period specified in the immobilization order
issued under division (A) of this section. No vehicle that is
immobilized under this section is eligible to have restricted
license plates under section 4503.231 of the Revised Code issued
for that vehicle.
(2) If a court issues an immobilization order under division
(A) of this section, if the vehicle subject to the order is
immobilized under the order, and if the vehicle is found being
operated upon any street or highway of this state during the
immobilization period, it shall be seized, removed from the street
or highway, and criminally forfeited, and disposed of pursuant to
section 4503.234 of the Revised Code. No vehicle that is forfeited
under this provision shall be considered contraband for purposes
of Chapter 2981. of the Revised Code, but shall be held by the law
enforcement agency that employs the officer who seized it for
disposal in accordance with section 4503.234 of the Revised Code.
(3) If a court issues an immobilization order under division
(A) of this section, and if the vehicle is not claimed within
seven days after the end of the period of immobilization or if the
offender has not paid the immobilization fee, the person or agency
that immobilized the vehicle shall send a written notice to the
offender at the offender's last known address informing the
offender of the date on which the period of immobilization ended,
that the offender has twenty days after the date of the notice to
pay the immobilization fee and obtain the release of the vehicle,
and that if the offender does not pay the fee and obtain the
release of the vehicle within that twenty-day period, the vehicle
will be forfeited under section 4503.234 of the Revised Code to
the entity that is entitled to the immobilization fee.
(4) An offender whose motor vehicle is subject to an
immobilization order issued under division (A) of this section
shall not sell the motor vehicle without approval of the court
that issued the order. If such an offender wishes to sell the
motor vehicle during the immobilization period, the offender shall
apply to the court that issued the immobilization order for
permission to assign the title to the vehicle. If the court is
satisfied that the sale will be in good faith and not for the
purpose of circumventing the provisions of division (A)(1) of this
section, it may certify its consent to the offender and to the
registrar. Upon receipt of the court's consent, the registrar
shall enter the court's notice in the offender's vehicle license
plate registration record.
If, during a period of immobilization under an immobilization
order issued under division (A) of this section, the title to the
immobilized motor vehicle is transferred by the foreclosure of a
chattel mortgage, a sale upon execution, the cancellation of a
conditional sales contract, or an order of a court, the involved
court shall notify the registrar of the action, and the registrar
shall enter the court's notice in the offender's vehicle license
plate registration record.
Nothing in this section shall be construed as requiring the
registrar or the clerk of the court of common pleas to note upon
the certificate of title records any prohibition regarding the
sale of a motor vehicle.
(5) If the title to a motor vehicle that is subject to an
immobilization order under division (A) of this section is
assigned or transferred without court approval between the time of
arrest of the offender who committed the offense for which such an
order is to be issued and the time of the actual immobilization of
the vehicle, the court shall order that, for a period of two years
from the date of the order, neither the registrar nor any deputy
registrar shall accept an application for the registration of any
motor vehicle in the name of the offender whose vehicle was
assigned or transferred without court approval. The court shall
notify the registrar of the order on a form prescribed by the
registrar for that purpose.
(6) If the title to a motor vehicle that is subject to an
immobilization order under division (A) of this section is
assigned or transferred without court approval in violation of
division (D)(4) of this section, then, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the vehicle as determined by
publications of the national auto dealers association. The
proceeds from any fine so imposed shall be distributed in the same
manner as the proceeds of the sale of a forfeited vehicle are
distributed pursuant to division (C)(2) of section 4503.234 of the
Revised Code.
(E)(1) The court with jurisdiction over the case, after
notice to all interested parties including lienholders, and after
an opportunity for them to be heard, if the offender fails to
appear in person, without good cause, or if the court finds that
the offender does not intend to seek release of the vehicle at the
end of the period of immobilization or that the offender is not or
will not be able to pay the expenses and charges incurred in its
removal and storage, may order that title to the vehicle be
transferred, in order of priority, first into the name of the
entity entitled to the immobilization fee under division (A)(5) of
this section, next into the name of a lienholder, or lastly, into
the name of the owner of the place of storage.
A lienholder that receives title under a court order shall do
so on the condition that it pay any expenses or charges incurred
in the vehicle's removal and storage. If the entity that receives
title to the vehicle is the entity that is entitled to the
immobilization fee under division (A)(5) of this section, it shall
receive title on the condition that it pay any lien on the
vehicle. The court shall not order that title be transferred to
any person or entity other than the owner of the place of storage
if the person or entity refuses to receive the title. Any person
or entity that receives title may either keep title to the vehicle
or may dispose of the vehicle in any legal manner that it
considers appropriate, including assignment of the certificate of
title to the motor vehicle to a salvage dealer or a scrap metal
processing facility. The person or entity shall not transfer the
vehicle to the person who is the vehicle's immediate previous
owner.
If the person or entity assigns the motor vehicle to a
salvage dealer or scrap metal processing facility, the person or
entity shall send the assigned certificate of title to the motor
vehicle to the clerk of the court of common pleas of the county in
which the salvage dealer or scrap metal processing facility is
located. The person or entity shall mark the face of the
certificate of title with the words "FOR DESTRUCTION" and shall
deliver a photocopy of the certificate of title to the salvage
dealer or scrap metal processing facility for its records.
(2) Whenever a court issues an order under division (E)(1) of
this section, the court also shall order removal of the license
plates from the vehicle and cause them to be sent to the registrar
if they have not already been sent to the registrar. Thereafter,
no further proceedings shall take place under this section, but
the offender remains liable for payment of the immobilization fee
described in division (A)(3) of this section if an immobilization
order previously had been issued by the court.
(3) Prior to initiating a proceeding under division (E)(1) of
this section, and upon payment of the fee under division (B) of
section 4505.14 of the Revised Code, any interested party may
cause a search to be made of the public records of the bureau of
motor vehicles or the clerk of the court of common pleas, to
ascertain the identity of any lienholder of the vehicle. The
initiating party shall furnish this information to the clerk of
the court with jurisdiction over the case, and the clerk shall
provide notice to the vehicle owner, the defendant, any
lienholder, and any other interested parties listed by the
initiating party, at the last known address supplied by the
initiating party, by certified mail or, at the option of the
initiating party, by personal service or ordinary mail.
As used in this section, "interested party" includes the
offender, all lienholders, the owner of the place of storage, the
person or entity that caused the vehicle to be removed, and the
person or entity, if any, entitled to the immobilization fee under
division (A)(5) of this section.
Sec. 4503.234. (A) If a court orders the criminal forfeiture
of a vehicle pursuant to section 4503.233, 4503.236, 4510.11,
4510.14, 4510.16, 4510.161, 4510.41, 4511.19, 4511.193, or
4511.203 of the Revised Code, the order shall be issued and
enforced in accordance with this division, subject to division (B)
of this section. An order of criminal forfeiture issued under this
division shall authorize an appropriate law enforcement agency to
seize the vehicle ordered criminally forfeited upon the terms and
conditions that the court determines proper. No vehicle ordered
criminally forfeited pursuant to this division shall be considered
contraband for purposes of Chapter 2981. of the Revised Code, but
the law enforcement agency that employs the officer who seized it
shall hold the vehicle for disposal in accordance with this
section. A forfeiture order may be issued only after the offender
has been provided with an opportunity to be heard. The prosecuting
attorney shall give the offender written notice of the possibility
of forfeiture by sending a copy of the relevant uniform traffic
ticket or other written notice to the offender not less than seven
days prior to the date of issuance of the forfeiture order. A
vehicle is subject to an order of criminal forfeiture pursuant to
this division upon the conviction of the offender of or plea of
guilty by the offender to a violation of division (A) of section
4503.236, section 4510.11, 4510.14,
4510.16, or 4511.203, or
division (A) of section 4511.19 of the Revised Code, or a
municipal ordinance that is substantially equivalent to any of
those sections or divisions.
(B)(1) Prior to the issuance of an order of criminal
forfeiture pursuant to this section, the law enforcement agency
that employs the law enforcement officer who seized the vehicle
shall conduct or cause to be conducted a search of the appropriate
public records that relate to the vehicle and shall make or cause
to be made reasonably diligent inquiries to identify any
lienholder or any person or entity with an ownership interest in
the vehicle. The court that is to issue the forfeiture order also
shall cause a notice of the potential order relative to the
vehicle and of the expected manner of disposition of the vehicle
after its forfeiture to be sent to any lienholder or person who is
known to the court to have any right, title, or interest in the
vehicle. The court shall give the notice by certified mail, return
receipt requested, or by personal service.
(2) No order of criminal forfeiture shall be issued pursuant
to this section if a lienholder or other person with an ownership
interest in the vehicle establishes to the court, by a
preponderance of the evidence after filing a motion with the
court, that the lienholder or other person neither knew nor should
have known after a reasonable inquiry that the vehicle would be
used or involved, or likely would be used or involved, in the
violation resulting in the issuance of the order of criminal
forfeiture or the violation of the order of immobilization issued
under section 4503.233 of the Revised Code, that the lienholder or
other person did not expressly or impliedly consent to the use or
involvement of the vehicle in that violation, and that the lien or
ownership interest was perfected pursuant to law prior to the
seizure of the vehicle under section 4503.236, 4510.41, 4511.195,
or 4511.203 of the Revised Code. If the lienholder or holder of
the ownership interest satisfies the court that these criteria
have been met, the court shall preserve the lienholder's or other
person's lien or interest, and the court either shall return the
vehicle to the holder, or shall order that the proceeds of any
sale held pursuant to division (C)(2) of this section be paid to
the lienholder or holder of the interest less the costs of
seizure, storage, and maintenance of the vehicle. The court shall
not return a vehicle to a lienholder or a holder of an ownership
interest unless the lienholder or holder submits an affidavit to
the court that states that the lienholder or holder will not
return the vehicle to the person from whom the vehicle was seized
pursuant to the order of criminal forfeiture or to any member of
that person's family and will not otherwise knowingly permit that
person or any member of that person's family to obtain possession
of the vehicle.
(3) No order of criminal forfeiture shall be issued pursuant
to this section if a person with an interest in the vehicle
establishes to the court, by a preponderance of the evidence after
filing a motion with the court, that the person neither knew nor
should have known after a reasonable inquiry that the vehicle had
been used or was involved in the violation resulting in the
issuance of the order of criminal forfeiture or the violation of
the order of immobilization issued under section 4503.233 of the
Revised Code, that the person did not expressly or impliedly
consent to the use or involvement of the vehicle in that
violation, that the interest was perfected in good faith and for
value pursuant to law between the time of the arrest of the
offender and the final disposition of the criminal charge in
question, and that the vehicle was in the possession of the
interest holder at the time of the perfection of the interest. If
the court is satisfied that the interest holder has met these
criteria, the court shall preserve the interest holder's interest,
and the court either shall return the vehicle to the interest
holder or order that the proceeds of any sale held pursuant to
division (C) of this section be paid to the holder of the interest
less the costs of seizure, storage, and maintenance of the
vehicle. The court shall not return a vehicle to an interest
holder unless the holder submits an affidavit to the court stating
that the holder will not return the vehicle to the person from
whom the holder acquired the holder's interest, nor to any member
of that person's family, and the holder will not otherwise
knowingly permit that person or any member of that person's family
to obtain possession of the vehicle.
(C) A vehicle ordered criminally forfeited to the state
pursuant to this section shall be disposed of as follows:
(1) It shall be given to the law enforcement agency that
employs the law enforcement officer who seized the vehicle, if
that agency desires to have it;
(2) If a vehicle is not disposed of pursuant to division
(C)(1) of this section, the vehicle shall be sold, without
appraisal, if the value of the vehicle is two thousand dollars or
more as determined by publications of the national auto dealer's
association, at a public auction to the highest bidder for cash.
Prior to the sale, the prosecuting attorney in the case shall
cause a notice of the proposed sale to be given in accordance with
law. The court shall cause notice of the sale of the vehicle to be
published in a newspaper of general circulation in the county in
which the court is located at least seven days prior to the date
of the sale. The proceeds of a sale under this division or
division (F) of this section shall be applied in the following
order:
(a) First, they shall be applied to the payment of the costs
incurred in connection with the seizure, storage, and maintenance
of, and provision of security for, the vehicle, any proceeding
arising out of the forfeiture, and if any, the sale.
(b) Second, the remaining proceeds after compliance with
division (C)(2)(a) of this section, shall be applied to the
payment of the value of any lien or ownership interest in the
vehicle preserved under division (B) of this section.
(c) Third, the remaining proceeds, after compliance with
divisions (C)(2)(a) and (b) of this section, shall be applied to
the appropriate funds in accordance with divisions (B) and (C) of
section 2981.13 of the Revised Code, provided that the total of
the amount so deposited under this division shall not exceed one
thousand dollars. The remaining proceeds deposited under this
division shall be used only for the purposes authorized by those
divisions and division (D) of that section.
(d) Fourth, the remaining proceeds after compliance with
divisions (C)(2)(a) and (b) of this section and after deposit of a
total amount of one thousand dollars under division (C)(2)(c) of
this section shall be applied so that fifty per cent of those
remaining proceeds is paid into the reparation fund established by
section 2743.191 of the Revised Code, twenty-five per cent is paid
into the drug abuse resistance education programs fund created by
division (F)(2)(e) of section 4511.191 of the Revised Code and
shall be used only for the purposes authorized by division
(F)(2)(e) of that section, and twenty-five per cent is applied to
the appropriate funds in accordance with divisions (B) and (C) of
section 2981.13 of the Revised Code. The proceeds deposited into
any fund described in section 2981.13 of the Revised Code shall be
used only for the purposes authorized by divisions (B)(4)(c), (C),
and (D) of that section.
(D) Except as provided in division (E) of section 4511.203 of
the Revised Code and notwithstanding any other provision of law,
neither the registrar of motor vehicles nor any deputy registrar
shall accept an application for the registration of any motor
vehicle in the name of any person, or register any motor vehicle
in the name of any person, if both of the following apply:
(1) Any vehicle registered in the person's name was
criminally forfeited under this section and section 4503.233,
4503.236, 4510.10, 4510.11, 4510.14, 4510.16, 4510.41, 4511.19,
4511.193, or 4511.203 of the Revised Code;
(2) Less than five years have expired since the issuance of
the most recent order of criminal forfeiture issued in relation to
a vehicle registered in the person's name.
(E) If a court orders the criminal forfeiture to the state of
a vehicle pursuant to section 4503.233, 4503.236, 4510.10,
4510.11, 4510.14,
4510.16, 4510.161, 4510.41, 4511.19, 4511.193,
or 4511.203 of the Revised Code, the title to the motor vehicle is
assigned or transferred, and division (B)(2) or (3) of this
section applies, in addition to or independent of any other
penalty established by law, the court may fine the offender the
value of the vehicle as determined by publications of the national
auto dealer's association. The proceeds from any fine imposed
under this division shall be distributed in accordance with
division (C)(2) of this section.
(F) As used in this section and divisions (B)(4)(c), (C), and
(D) of section 2981.13 of the Revised Code in relation to proceeds
of the sale of a vehicle under division (C) of this section,
"prosecuting attorney" includes the prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer of
a municipal corporation who prosecutes the case resulting in the
conviction or guilty plea in question.
(G) If the vehicle to be forfeited has an average retail
value of less than two thousand dollars as determined by
publications of the national auto dealer's association, no public
auction is required to be held. In such a case, the court may
direct that the vehicle be disposed of in any manner that it
considers appropriate, including assignment of the certificate of
title to the motor vehicle to a salvage dealer or a scrap metal
processing facility. The court shall not transfer the vehicle to
the person who is the vehicle's immediate previous owner.
If the court assigns the motor vehicle to a salvage dealer or
scrap metal processing facility and the court is in possession of
the certificate of title to the motor vehicle, it shall send the
assigned certificate of title to the motor vehicle to the clerk of
the court of common pleas of the county in which the salvage
dealer or scrap metal processing facility is located. The court
shall mark the face of the certificate of title with the words
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate
of title to the salvage dealer or scrap metal processing facility
for its records.
If the court is not in possession of the certificate of title
to the motor vehicle, the court shall issue an order transferring
ownership of the motor vehicle to a salvage dealer or scrap metal
processing facility, send the order to the clerk of the court of
common pleas of the county in which the salvage dealer or scrap
metal processing facility is located, and send a photocopy of the
order to the salvage dealer or scrap metal processing facility for
its records. The clerk shall make the proper notations or entries
in the clerk's records concerning the disposition of the motor
vehicle.
Sec. 4507.02. (A)(1) No person shall permit the operation of
a motor vehicle upon any public or private property used by the
public for purposes of vehicular travel or parking knowing the
operator does not have a valid driver's license issued to the
operator by the registrar of motor vehicles under this chapter or
a valid commercial driver's license issued under Chapter 4506. of
the Revised Code. Except as otherwise provided in this division,
whoever violates this division is guilty of an unclassified
misdemeanor. When the offense is an unclassified misdemeanor, the
offender shall be sentenced pursuant to sections 2929.21 to
2929.28 of the Revised Code, except that the offender shall not be
sentenced to a jail term; the offender shall not be sentenced to a
community residential sanction pursuant to section 2929.26 of the
Revised Code; notwithstanding division (A)(2)(a) of section
2929.28 of the Revised Code, the offender may be fined up to one
thousand dollars; and, notwithstanding division (A)(3) of section
2929.27 of the Revised Code, the offender may be ordered pursuant
to division (C) of that section to serve a term of community
service of up to five hundred hours. The failure of an offender to
complete a term of community service imposed by the court may be
punished as indirect criminal contempt under division (A) of
section 2705.02 of the Revised Code that may be filed in the
underlying case.
If, within three years of the offense, the offender
previously has been convicted of or pleaded guilty to two or more
violations of this section or a substantially equivalent municipal
ordinance, the offense is a misdemeanor of the first degree.
(2) No person shall receive a driver's license, or a
motorcycle operator's endorsement of a driver's or commercial
driver's license, unless and until the person surrenders to the
registrar all valid licenses issued to the person by another
jurisdiction recognized by this state. The registrar shall report
the surrender of a license to the issuing authority, together with
information that a license is now issued in this state. The
registrar shall destroy any such license that is not returned to
the issuing authority. No person shall be permitted to have more
than one valid license at any time.
(B)(1) If a person is convicted of a violation of section
4510.11, 4510.14, 4510.16 when division (G)(2) and (3) of that
section applies, or 4510.21 of the Revised Code or if division
(F)(E) of section 4507.164 of the Revised Code applies, the trial
judge of any court, in addition to or independent of any other
penalties provided by law or ordinance, may impound the
identification license plates of any motor vehicle registered in
the name of the person. If a person is convicted of a violation of
section 4510.16 of the Revised Code and division (G)(1) of that
section applies, the trial judge of any court, in addition to or
independent of any other penalties provided by law or ordinance,
may impound the identification license plates of any motor vehicle
registered in the name of the person. The court shall send the
impounded license plates to the registrar, who may retain the
license plates until the driver's or commercial driver's license
of the owner has been reinstated or destroy them pursuant to
section 4503.232 of the Revised Code.
If the license plates of a person convicted of a violation of
any provision of those sections have been impounded in accordance
with the provisions of this division, the court shall notify the
registrar of that action. The notice shall contain the name and
address of the driver, the serial number of the driver's or
commercial driver's license, the serial numbers of the license
plates of the motor vehicle, and the length of time for which the
license plates have been impounded. The registrar shall record the
data in the notice as part of the driver's permanent record.
(2) Any motor vehicle owner who has had the license plates of
a motor vehicle impounded pursuant to division (B)(1) of this
section may apply to the registrar, or to a deputy registrar, for
restricted license plates that shall conform to the requirements
of section 4503.231 of the Revised Code. The registrar or deputy
registrar forthwith shall notify the court of the application and,
upon approval of the court, shall issue restricted license plates
to the applicant. Until the driver's or commercial driver's
license of the owner is reinstated, any new license plates issued
to the owner also shall conform to the requirements of section
4503.231 of the Revised Code.
The registrar or deputy registrar shall charge the owner of a
vehicle the fees provided in section 4503.19 of the Revised Code
for restricted license plates that are issued in accordance with
this division, except upon renewal as specified in section 4503.10
of the Revised Code, when the regular fee as provided in section
4503.04 of the Revised Code shall be charged. The registrar or
deputy registrar shall charge the owner of a vehicle the fees
provided in section 4503.19 of the Revised Code whenever
restricted license plates are exchanged, by reason of the
reinstatement of the driver's or commercial driver's license of
the owner, for those ordinarily issued.
(3) If an owner wishes to sell a motor vehicle during the
time the restricted license plates provided under division (B)(2)
of this section are in use, the owner may apply to the court that
impounded the license plates of the motor vehicle for permission
to transfer title to the motor vehicle. If the court is satisfied
that the sale will be made in good faith and not for the purpose
of circumventing the provisions of this section, it may certify
its consent to the owner and to the registrar of motor vehicles
who shall enter notice of the transfer of the title of the motor
vehicle in the vehicle registration record.
If, during the time the restricted license plates provided
under division (B)(2) of this section are in use, the title to a
motor vehicle is transferred by the foreclosure of a chattel
mortgage, a sale upon execution, the cancellation of a conditional
sales contract, or by order of a court, the court shall notify the
registrar of the action and the registrar shall enter notice of
the transfer of the title to the motor vehicle in the vehicle
registration record.
(C) This section is not intended to change or modify any
provision of Chapter 4503. of the Revised Code with respect to the
taxation of motor vehicles or the time within which the taxes on
motor vehicles shall be paid.
Sec. 4507.164. (A) Except as provided in divisions (C) to
(E) of this section, when the license of any person is suspended
pursuant to any provision of the Revised Code other than division
(G) of section 4511.19 of the Revised Code and other than section
4510.07 of the Revised Code for a violation of a municipal OVI
ordinance, the trial judge may impound the identification license
plates of any motor vehicle registered in the name of the person.
(B)(1) When the license of any person is suspended pursuant
to division (G)(1)(a) of section 4511.19 of the Revised Code, or
pursuant to section 4510.07 of the Revised Code for a municipal
OVI offense when the suspension is equivalent in length to the
suspension under division (G) of section 4511.19 of the Revised
Code that is specified in this division, the trial judge of the
court of record or the mayor of the mayor's court that suspended
the license may impound the identification license plates of any
motor vehicle registered in the name of the person.
(2) When the license of any person is suspended pursuant to
division (G)(1)(b) of section 4511.19 of the Revised Code, or
pursuant to section 4510.07 of the Revised Code for a municipal
OVI offense when the suspension is equivalent in length to the
suspension under division (G) of section 4511.19 of the Revised
Code that is specified in this division, the trial judge of the
court of record that suspended the license shall order the
impoundment of the identification license plates of the motor
vehicle the offender was operating at the time of the offense and
the immobilization of that vehicle in accordance with section
4503.233 and division (G)(1)(b) of section 4511.19 or division
(C)(2)(a) of section 4511.193 of the Revised Code and may impound
the identification license plates of any other motor vehicle
registered in the name of the person whose license is suspended.
(3) When the license of any person is suspended pursuant to
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised
Code, or pursuant to section 4510.07 of the Revised Code for a
municipal OVI offense when the suspension is equivalent in length
to the suspension under division (G) of section 4511.19 of the
Revised Code that is specified in this division, the trial judge
of the court of record that suspended the license shall order the
criminal forfeiture to the state of the motor vehicle the offender
was operating at the time of the offense in accordance with
section 4503.234 and division (G)(1)(c), (d), or (e) of section
4511.19 or division (C)(2)(b) of section 4511.193 of the Revised
Code and may impound the identification license plates of any
other motor vehicle registered in the name of the person whose
license is suspended.
(C)(1) When a person is convicted of or pleads guilty to a
violation of section 4510.14 of the Revised Code or a
substantially equivalent municipal ordinance and division (B)(1)
or (2) of section 4510.14 or division (C)(B)(1) or (2) of section
4510.161 of the Revised Code applies, the trial judge of the court
of record or the mayor of the mayor's court that imposes sentence
shall order the immobilization of the vehicle the person was
operating at the time of the offense and the impoundment of its
identification license plates in accordance with section 4503.233
and division (B)(1) or (2) of section 4510.14 or division
(C)(B)(1) or (2) of section 4510.161 of the Revised Code and may
impound the identification license plates of any other vehicle
registered in the name of that person.
(2) When a person is convicted of or pleads guilty to a
violation of section 4510.14 of the Revised Code or a
substantially equivalent municipal ordinance and division (B)(3)
of section 4510.14 or division (C)(B)(3) of section 4510.161 of
the Revised Code applies, the trial judge of the court of record
that imposes sentence shall order the criminal forfeiture to the
state of the vehicle the person was operating at the time of the
offense in accordance with section 4503.234 and division (B)(3) of
section 4510.14 or division (C)(B)(3) of section 4510.161 of the
Revised Code and may impound the identification license plates of
any other vehicle registered in the name of that person.
(D) When a person is convicted of or pleads guilty to a
violation of division (A) of section 4510.16 of the Revised Code
or a substantially equivalent municipal ordinance, division (D) or
(G) of section 4510.16 or division (B) of section 4510.161 of the
Revised Code applies in determining whether the immobilization of
the vehicle the person was operating at the time of the offense
and the impoundment of its identification license plates or the
criminal forfeiture to the state of the vehicle the person was
operating at the time of the offense is authorized or required.
The trial judge of the court of record or the mayor of the mayor's
court that imposes sentence may impound the identification license
plates of any other vehicle registered in the name of that person.
(E)(1) When a person is convicted of or pleads guilty to a
violation of section 4511.203 of the Revised Code and the person
is sentenced pursuant to division (C)(3)(a) or (b) of section
4511.203 of the Revised Code, the trial judge of the court of
record or the mayor of the mayor's court that imposes sentence
shall order the immobilization of the vehicle that was involved in
the commission of the offense and the impoundment of its
identification license plates in accordance with division
(C)(3)(a) or (b) of section 4511.203 and section 4503.233 of the
Revised Code and may impound the identification license plates of
any other vehicle registered in the name of that person.
(2) When a person is convicted of or pleads guilty to a
violation of section 4511.203 of the Revised Code and the person
is sentenced pursuant to division (C)(3)(c) of section 4511.203 of
the Revised Code, the trial judge of the court of record or the
mayor of the mayor's court that imposes sentence shall order the
criminal forfeiture to the state of the vehicle that was involved
in the commission of the offense in accordance with division
(C)(3)(c) of section 4511.203 and section 4503.234 of the Revised
Code and may impound the identification license plates of any
other vehicle registered in the name of that person.
(F)(E) Except as provided in section 4503.233 or 4503.234 of
the Revised Code, when the certificate of registration, the
identification license plates, or both have been impounded,
division (B) of section 4507.02 of the Revised Code is applicable.
(G)(F) As used in this section, "municipal OVI offense" has
the same meaning as in section 4511.181 of the Revised Code.
Sec. 4509.06. (A) The driver of any motor vehicle which is
in any manner involved in a motor vehicle accident within six
months of the accident may forward a written report of the
accident to the registrar of motor vehicles on a form prescribed
by the registrar alleging that a driver or owner of any other
vehicle involved in the accident was uninsured at the time of the
accident.
(B) Upon receipt of the accident report, the registrar shall
send a notice by regular mail to the driver and owner alleged to
be uninsured requiring the person to give evidence that the person
had proof of financial responsibility in effect at the time of the
accident.
(C) Within thirty days after the mailing of the notice by the
registrar, the driver of the vehicle alleged to be uninsured shall
forward a report together with acceptable proof of financial
responsibility to the registrar in a form prescribed by the
registrar. The forwarding of the report by the owner of the motor
vehicle involved in the accident is deemed compliance with this
section by the driver. This section does not change or modify the
duties of the driver or operator of a motor vehicle as set forth
in section 4549.02 of the Revised Code.
(D) In accordance with sections 4509.01 to 4509.78 of the
Revised Code, the registrar shall suspend the license of any
person who fails to give acceptable proof of financial
responsibility as required in this section.
Sec. 4509.101. (A)(1) No person shall operate, or permit the
operation of, a motor vehicle in this state, unless proof of
financial responsibility is maintained continuously throughout the
registration period with respect to that vehicle, or, in the case
of a driver who is not the owner, with respect to that driver's
operation of that vehicle.
(2) Whoever violates division (A)(1) of this section shall be
subject to the following civil penalties:
(a) Subject to divisions (A)(2)(b) and (c) of this section, a
class E (F) suspension of the person's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege for the
period of time specified in division (B)(5)(6) of section 4510.02
of the Revised Code and impoundment of the person's license. The
court may grant limited driving privileges to the person only if
the person presents proof of financial responsibility and has
complied with division (A)(5) of this section.
(b) If, within five years of the violation, the person's
operating privileges are again suspended and the person's license
again is impounded for a violation of division (A)(1) of this
section, a class C suspension of the person's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege for the
period of time specified in division (B)(3) of section 4510.02 of
the Revised Code. The court may grant limited driving privileges
to the person only if the person presents proof of financial
responsibility and has complied with division (A)(5) of this
section, and no court may grant limited driving privileges for the
first fifteen days of the suspension.
(c) If, within five years of the violation, the person's
operating privileges are suspended and the person's license is
impounded two or more times for a violation of division (A)(1) of
this section, a class B suspension of the person's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
for the period of time specified in division (B)(2) of section
4510.02 of the Revised Code. No The court may grant limited
driving privileges to the person only if the person presents proof
of financial responsibility and has complied with division (A)(5)
of this section, except that no court may grant limited driving
privileges during for the first thirty days of the suspension.
(d) In addition to the suspension of an owner's license under
division (A)(2)(a), (b), or (c) of this section, the suspension of
the rights of the owner to register the motor vehicle and the
impoundment of the owner's certificate of registration and license
plates until the owner complies with division (A)(5) of this
section.
(3) A person to whom this state has issued a certificate of
registration for a motor vehicle or a license to operate a motor
vehicle or who is determined to have operated any motor vehicle or
permitted the operation in this state of a motor vehicle owned by
the person shall be required to verify the existence of proof of
financial responsibility covering the operation of the motor
vehicle or the person's operation of the motor vehicle under any
of the following circumstances:
(a) The person or a motor vehicle owned by the person is
involved in a traffic accident that requires the filing of an
accident report under section 4509.06 of the Revised Code.
(b) The person receives a traffic ticket indicating that
proof of the maintenance of financial responsibility was not
produced upon the request of a peace officer or state highway
patrol trooper made in accordance with division (D)(2) of this
section.
(c) Whenever, in accordance with rules adopted by the
registrar, the person is randomly selected by the registrar and
requested to provide such verification.
(4) An order of the registrar that suspends and impounds a
license or registration, or both, shall state the date on or
before which the person is required to surrender the person's
license or certificate of registration and license plates. The
person is deemed to have surrendered the license or certificate of
registration and license plates, in compliance with the order, if
the person does either of the following:
(a) On or before the date specified in the order, personally
delivers the license or certificate of registration and license
plates, or causes the delivery of the items, to the registrar;
(b) Mails the license or certificate of registration and
license plates to the registrar in an envelope or container
bearing a postmark showing a date no later than the date specified
in the order.
(5) Except as provided in division (A)(6) or (L) of this
section, the registrar shall not restore any operating privileges
or registration rights suspended under this section, return any
license, certificate of registration, or license plates impounded
under this section, or reissue license plates under section
4503.232 of the Revised Code, if the registrar destroyed the
impounded license plates under that section, or reissue a license
under section 4510.52 of the Revised Code, if the registrar
destroyed the suspended license under that section, unless the
rights are not subject to suspension or revocation under any other
law and unless the person, in addition to complying with all other
conditions required by law for reinstatement of the operating
privileges or registration rights, complies with all of the
following:
(a) Pays to the registrar or an eligible deputy registrar a
financial responsibility reinstatement fee of one hundred dollars
for the first violation of division (A)(1) of this section, three
hundred dollars for a second violation of that division, and six
hundred dollars for a third or subsequent violation of that
division;
(b) If the person has not voluntarily surrendered the
license, certificate, or license plates in compliance with the
order, pays to the registrar or an eligible deputy registrar a
financial responsibility nonvoluntary compliance fee in an amount,
not to exceed fifty dollars, determined by the registrar;
(c) Files and continuously maintains proof of financial
responsibility under sections 4509.44 to 4509.65 of the Revised
Code;
(d) Pays a deputy registrar a service fee of ten dollars to
compensate the deputy registrar for services performed under this
section. The deputy registrar shall retain eight dollars of the
service fee and shall transmit the reinstatement fee, any
nonvoluntary compliance fee, and two dollars of the service fee to
the registrar in the manner the registrar shall determine.
(6) If the registrar issues an order under division (A)(2) of
this section resulting from the failure of a person to respond to
a financial responsibility random verification request under
division (A)(3)(c) of this section and the person successfully
maintains an affirmative defense to a violation of section 4510.16
of the Revised Code or is determined by the registrar or a deputy
registrar to have been in compliance with division (A)(1) of this
section at the time of the initial financial responsibility random
verification request, the registrar shall do both of the
following:
(a) Terminate the order of suspension or impoundment;
(b) Restore the operating privileges and registration rights
of the person without payment of the fees established in divisions
(A)(5)(a) and (b) of this section and without a requirement to
file proof of financial responsibility.
(B)(1) Every party required to file an accident report under
section 4509.06 of the Revised Code also shall include with the
report a document described in division (G)(1) of this section.
If the registrar determines, within forty-five days after the
report is filed, that an operator or owner has violated division
(A)(1) of this section, the registrar shall do all of the
following:
(a) Order the impoundment, with respect to the motor vehicle
involved, required under division (A)(2)(d) of this section, of
the certificate of registration and license plates of any owner
who has violated division (A)(1) of this section;
(b) Order the suspension required under division (A)(2)(a),
(b), or (c) of this section of the license of any operator or
owner who has violated division (A)(1) of this section;
(c) Record the name and address of the person whose
certificate of registration and license plates have been impounded
or are under an order of impoundment, or whose license has been
suspended or is under an order of suspension; the serial number of
the person's license; the serial numbers of the person's
certificate of registration and license plates; and the person's
social security account number, if assigned, or, where the motor
vehicle is used for hire or principally in connection with any
established business, the person's federal taxpayer identification
number. The information shall be recorded in such a manner that it
becomes a part of the person's permanent record, and assists the
registrar in monitoring compliance with the orders of suspension
or impoundment.
(d) Send written notification to every person to whom the
order pertains, at the person's last known address as shown on the
records of the bureau. The person, within ten days after the date
of the mailing of the notification, shall surrender to the
registrar, in a manner set forth in division (A)(4) of this
section, any certificate of registration and registration plates
under an order of impoundment, or any license under an order of
suspension.
(2) The registrar shall issue any order under division (B)(1)
of this section without a hearing. Any person adversely affected
by the order, within ten days after the issuance of the order, may
request an administrative hearing before the registrar, who shall
provide the person with an opportunity for a hearing in accordance
with this paragraph. A request for a hearing does not operate as a
suspension of the order. The scope of the hearing shall be limited
to whether the person in fact demonstrated to the registrar proof
of financial responsibility in accordance with this section. The
registrar shall determine the date, time, and place of any
hearing, provided that the hearing shall be held, and an order
issued or findings made, within thirty days after the registrar
receives a request for a hearing. If requested by the person in
writing, the registrar may designate as the place of hearing the
county seat of the county in which the person resides or a place
within fifty miles of the person's residence. The person shall pay
the cost of the hearing before the registrar, if the registrar's
order of suspension or impoundment is upheld.
(C) Any order of suspension or impoundment issued under this
section or division (B) of section 4509.37 of the Revised Code may
be terminated at any time if the registrar determines upon a
showing of proof of financial responsibility that the operator or
owner of the motor vehicle was in compliance with division (A)(1)
of this section at the time of the traffic offense, motor vehicle
inspection, or accident that resulted in the order against the
person. A determination may be made without a hearing. This
division does not apply unless the person shows good cause for the
person's failure to present satisfactory proof of financial
responsibility to the registrar prior to the issuance of the
order.
(D)(1) For the purpose of enforcing this section, every peace
officer is deemed an agent of the registrar.
(a) Except as provided in division (D)(1)(b) of this section,
any peace officer who, in the performance of the peace officer's
duties as authorized by law, becomes aware of a person whose
license is under an order of suspension, or whose certificate of
registration and license plates are under an order of impoundment,
pursuant to this section, may confiscate the license, certificate
of registration, and license plates, and return them to the
registrar.
(b) Any peace officer who, in the performance of the peace
officer's duties as authorized by law, becomes aware of a person
whose license is under an order of suspension, or whose
certificate of registration and license plates are under an order
of impoundment resulting from failure to respond to a financial
responsibility random verification, shall not, for that reason,
arrest the owner or operator or seize the vehicle or license
plates. Instead, the peace officer shall issue a citation for a
violation of section 4510.16 of the Revised Code specifying the
circumstances as failure to respond to a financial responsibility
random verification.
(2) A peace officer shall request the owner or operator of a
motor vehicle to produce proof of financial responsibility in a
manner described in division (G) of this section at the time the
peace officer acts to enforce the traffic laws of this state and
during motor vehicle inspections conducted pursuant to section
4513.02 of the Revised Code.
(3) A peace officer shall indicate on every traffic ticket
whether the person receiving the traffic ticket produced proof of
the maintenance of financial responsibility in response to the
officer's request under division (D)(2) of this section. The peace
officer shall inform every person who receives a traffic ticket
and who has failed to produce proof of the maintenance of
financial responsibility that the person must submit proof to the
traffic violations bureau with any payment of a fine and costs for
the ticketed violation or, if the person is to appear in court for
the violation, the person must submit proof to the court.
(4)(a) If a person who has failed to produce proof of the
maintenance of financial responsibility appears in court for a
ticketed violation, the court may permit the defendant to present
evidence of proof of financial responsibility to the court at such
time and in such manner as the court determines to be necessary or
appropriate. In a manner prescribed by the registrar, the clerk of
courts shall provide the registrar with the identity of any person
who fails to submit proof of the maintenance of financial
responsibility pursuant to division (D)(3) of this section.
(b) If a person who has failed to produce proof of the
maintenance of financial responsibility also fails to submit that
proof to the traffic violations bureau with payment of a fine and
costs for the ticketed violation, the traffic violations bureau,
in a manner prescribed by the registrar, shall notify the
registrar of the identity of that person.
(5)(a) Upon receiving notice from a clerk of courts or
traffic violations bureau pursuant to division (D)(4) of this
section, the registrar shall order the suspension of the license
of the person required under division (A)(2)(a), (b), or (c) of
this section and the impoundment of the person's certificate of
registration and license plates required under division (A)(2)(d)
of this section, effective thirty days after the date of the
mailing of notification. The registrar also shall notify the
person that the person must present the registrar with proof of
financial responsibility in accordance with this section,
surrender to the registrar the person's certificate of
registration, license plates, and license, or submit a statement
subject to section 2921.13 of the Revised Code that the person did
not operate or permit the operation of the motor vehicle at the
time of the offense. Notification shall be in writing and shall be
sent to the person at the person's last known address as shown on
the records of the bureau of motor vehicles. The person, within
fifteen days after the date of the mailing of notification, shall
present proof of financial responsibility, surrender the
certificate of registration, license plates, and license to the
registrar in a manner set forth in division (A)(4) of this
section, or submit the statement required under this section
together with other information the person considers appropriate.
If the registrar does not receive proof or the person does
not surrender the certificate of registration, license plates, and
license, in accordance with this division, the registrar shall
permit the order for the suspension of the license of the person
and the impoundment of the person's certificate of registration
and license plates to take effect.
(b) In the case of a person who presents, within the
fifteen-day period, documents to show proof of financial
responsibility, the registrar shall terminate the order of
suspension and the impoundment of the registration and license
plates required under division (A)(2)(d) of this section and shall
send written notification to the person, at the person's last
known address as shown on the records of the bureau.
(c) Any person adversely affected by the order of the
registrar under division (D)(5)(a) or (b) of this section, within
ten days after the issuance of the order, may request an
administrative hearing before the registrar, who shall provide the
person with an opportunity for a hearing in accordance with this
paragraph. A request for a hearing does not operate as a
suspension of the order. The scope of the hearing shall be limited
to whether, at the time of the hearing, the person presents proof
of financial responsibility covering the vehicle and whether the
person is eligible for an exemption in accordance with this
section or any rule adopted under it. The registrar shall
determine the date, time, and place of any hearing; provided, that
the hearing shall be held, and an order issued or findings made,
within thirty days after the registrar receives a request for a
hearing. If requested by the person in writing, the registrar may
designate as the place of hearing the county seat of the county in
which the person resides or a place within fifty miles of the
person's residence. Such person shall pay the cost of the hearing
before the registrar, if the registrar's order of suspension or
impoundment under division (D)(5)(a) or (b) of this section is
upheld.
(6) A peace officer may charge an owner or operator of a
motor vehicle with a violation of section 4510.16 of the Revised
Code when the owner or operator fails to show proof of the
maintenance of financial responsibility pursuant to a peace
officer's request under division (D)(2) of this section, if a
check of the owner or operator's driving record indicates that the
owner or operator, at the time of the operation of the motor
vehicle, is required to file and maintain proof of financial
responsibility under section 4509.45 of the Revised Code for a
previous violation of this chapter.
(7) Any forms used by law enforcement agencies in
administering this section shall be prescribed, supplied, and paid
for by the registrar.
(8) No peace officer, law enforcement agency employing a
peace officer, or political subdivision or governmental agency
that employs a peace officer shall be liable in a civil action for
damages or loss to persons arising out of the performance of any
duty required or authorized by this section.
(9) As used in this division and divisions (E) and (G) of
this section, "peace officer" has the meaning set forth in section
2935.01 of the Revised Code.
(E) All fees, except court costs, fees paid to a deputy
registrar, and those portions of the financial responsibility
reinstatement fees as otherwise specified in this division,
collected under this section shall be paid into the state treasury
to the credit of the financial responsibility compliance fund. The
financial responsibility compliance fund shall be used exclusively
to cover costs incurred by the bureau in the administration of
this section and sections 4503.20, 4507.212, and 4509.81 of the
Revised Code, and by any law enforcement agency employing any
peace officer who returns any license, certificate of
registration, and license plates to the registrar pursuant to
division (C) of this section, except that the director of budget
and management may transfer excess money from the financial
responsibility compliance fund to the state bureau of motor
vehicles fund if the registrar determines that the amount of money
in the financial responsibility compliance fund exceeds the amount
required to cover such costs incurred by the bureau or a law
enforcement agency and requests the director to make the transfer.
Of each financial responsibility reinstatement fee the
registrar collects pursuant to division (A)(5)(a) of this section
or receives from a deputy registrar under division (A)(5)(d) of
this section, the registrar shall deposit twenty-five dollars of
each one-hundred-dollar reinstatement fee, fifty dollars of each
three-hundred-dollar reinstatement fee, and one hundred dollars of
each six-hundred-dollar reinstatement fee into the state treasury
to the credit of the indigent defense support fund created by
section 120.08 of the Revised Code.
All investment earnings of the financial responsibility
compliance fund shall be credited to the fund.
(F) Chapter 119. of the Revised Code applies to this section
only to the extent that any provision in that chapter is not
clearly inconsistent with this section.
(G)(1) The registrar, court, traffic violations bureau, or
peace officer may require proof of financial responsibility to be
demonstrated by use of a standard form prescribed by the
registrar. If the use of a standard form is not required, a person
may demonstrate proof of financial responsibility under this
section by presenting to the traffic violations bureau, court,
registrar, or peace officer any of the following documents or a
copy of the documents:
(a) A financial responsibility identification card as
provided in section 4509.103 of the Revised Code;
(b) A certificate of proof of financial responsibility on a
form provided and approved by the registrar for the filing of an
accident report required to be filed under section 4509.06 of the
Revised Code;
(c) A policy of liability insurance, a declaration page of a
policy of liability insurance, or liability bond, if the policy or
bond complies with section 4509.20 or sections 4509.49 to 4509.61
of the Revised Code;
(d) A bond or certification of the issuance of a bond as
provided in section 4509.59 of the Revised Code;
(e) A certificate of deposit of money or securities as
provided in section 4509.62 of the Revised Code;
(f) A certificate of self-insurance as provided in section
4509.72 of the Revised Code.
(2) If a person fails to demonstrate proof of financial
responsibility in a manner described in division (G)(1) of this
section, the person may demonstrate proof of financial
responsibility under this section by any other method that the
court or the bureau, by reason of circumstances in a particular
case, may consider appropriate.
(3) A motor carrier certificated by the interstate commerce
commission or by the public utilities commission may demonstrate
proof of financial responsibility by providing a statement
designating the motor carrier's operating authority and averring
that the insurance coverage required by the certificating
authority is in full force and effect.
(4)(a) A finding by the registrar or court that a person is
covered by proof of financial responsibility in the form of an
insurance policy or surety bond is not binding upon the named
insurer or surety or any of its officers, employees, agents, or
representatives and has no legal effect except for the purpose of
administering this section.
(b) The preparation and delivery of a financial
responsibility identification card or any other document
authorized to be used as proof of financial responsibility under
this division does not do any of the following:
(i) Create any liability or estoppel against an insurer or
surety, or any of its officers, employees, agents, or
representatives;
(ii) Constitute an admission of the existence of, or of any
liability or coverage under, any policy or bond;
(iii) Waive any defenses or counterclaims available to an
insurer, surety, agent, employee, or representative in an action
commenced by an insured or third-party claimant upon a cause of
action alleged to have arisen under an insurance policy or surety
bond or by reason of the preparation and delivery of a document
for use as proof of financial responsibility.
(c) Whenever it is determined by a final judgment in a
judicial proceeding that an insurer or surety, which has been
named on a document accepted by a court or the registrar as proof
of financial responsibility covering the operation of a motor
vehicle at the time of an accident or offense, is not liable to
pay a judgment for injuries or damages resulting from such
operation, the registrar, notwithstanding any previous contrary
finding, shall forthwith suspend the operating privileges and
registration rights of the person against whom the judgment was
rendered as provided in division (A)(2) of this section.
(H) In order for any document described in division (G)(1)(b)
of this section to be used for the demonstration of proof of
financial responsibility under this section, the document shall
state the name of the insured or obligor, the name of the insurer
or surety company, and the effective and expiration dates of the
financial responsibility, and designate by explicit description or
by appropriate reference all motor vehicles covered which may
include a reference to fleet insurance coverage.
(I) For purposes of this section, "owner" does not include a
licensed motor vehicle leasing dealer as defined in section
4517.01 of the Revised Code, but does include a motor vehicle
renting dealer as defined in section 4549.65 of the Revised Code.
Nothing in this section or in section 4509.51 of the Revised Code
shall be construed to prohibit a motor vehicle renting dealer from
entering into a contractual agreement with a person whereby the
person renting the motor vehicle agrees to be solely responsible
for maintaining proof of financial responsibility, in accordance
with this section, with respect to the operation, maintenance, or
use of the motor vehicle during the period of the motor vehicle's
rental.
(J) The purpose of this section is to require the maintenance
of proof of financial responsibility with respect to the operation
of motor vehicles on the highways of this state, so as to minimize
those situations in which persons are not compensated for injuries
and damages sustained in motor vehicle accidents. The general
assembly finds that this section contains reasonable civil
penalties and procedures for achieving this purpose.
(K) Nothing in this section shall be construed to be subject
to section 4509.78 of the Revised Code.
(L)(1) The registrar may terminate any suspension imposed
under this section and not require the owner to comply with
divisions (A)(5)(a), (b), and (c) of this section if the registrar
with or without a hearing determines that the owner of the vehicle
has established by clear and convincing evidence that all of the
following apply:
(a) The owner customarily maintains proof of financial
responsibility.
(b) Proof of financial responsibility was not in effect for
the vehicle on the date in question for one of the following
reasons:
(i) The vehicle was inoperable.
(ii) The vehicle is operated only seasonally, and the date in
question was outside the season of operation.
(iii) A person other than the vehicle owner or driver was at
fault for the lapse of proof of financial responsibility through
no fault of the owner or driver.
(iv) The lapse of proof of financial responsibility was
caused by excusable neglect under circumstances that are not
likely to recur and do not suggest a purpose to evade the
requirements of this chapter.
(2) The registrar may grant an owner or driver relief for a
reason specified in division (L)(1)(b)(i) or (ii) of this section
whenever the owner or driver is randomly selected to verify the
existence of proof of financial responsibility for such a vehicle.
However, the registrar may grant an owner or driver relief for a
reason specified in division (L)(1)(b)(iii) or (iv) of this
section only if the owner or driver has not previously been
granted relief under division (L)(1)(b)(iii) or (iv) of this
section.
(M) The registrar shall adopt rules in accordance with
Chapter 119. of the Revised Code that are necessary to administer
and enforce this section. The rules shall include procedures for
the surrender of license plates upon failure to maintain proof of
financial responsibility and provisions relating to reinstatement
of registration rights, acceptable forms of proof of financial
responsibility, and verification of the existence of financial
responsibility during the period of registration.
Sec. 4510.10. (A) As used in this section, "reinstatement
fees" means the fees that are required under section 4507.1612,
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other
provision of the Revised Code, or under a schedule established by
the bureau of motor vehicles, in order to reinstate a driver's or
commercial driver's license or permit or nonresident operating
privilege of an offender under a suspension.
(B) Reinstatement fees are those fees that compensate the
bureau of motor vehicles for suspensions, cancellations, or
disqualifications of a person's driving privileges and to
compensate the bureau and other agencies in their administration
of programs intended to reduce and eliminate threats to public
safety through education, treatment, and other activities. The
registrar of motor vehicles shall not reinstate a driver's or
commercial driver's license or permit or nonresident operating
privilege of a person until the person has paid all reinstatement
fees and has complied with all conditions for each suspension,
cancellation, or disqualification incurred by that person.
(C) When a municipal court or county court determines in a
pending case involving an offender that the offender cannot
reasonably pay reinstatement fees due and owing by the offender
relative to one or more suspensions that have been or will be
imposed by the bureau of motor vehicles or by a court of this
state, the court, by order, may undertake an installment payment
plan or a payment extension plan for the payment of reinstatement
fees due and owing to the bureau in that pending case. The court
shall establish an installment payment plan or a payment extension
plan under this division in accordance with the requirements of
divisions (D)(1) and (2) of this section.
(D) Independent of the provisions of division (C) of this
section, an offender who cannot reasonably pay reinstatement fees
due and owing by the offender relative to a suspension that has
been imposed on the offender may file a petition in the municipal
court, county court, or, if the person is under the age of
eighteen, the juvenile division of the court of common pleas in
whose jurisdiction the person resides or, if the person is not a
resident of this state, in the Franklin county municipal court or
juvenile division of the Franklin county court of common pleas for
an order that does either of the following, in order of
preference:
(1) Establishes a reasonable payment plan of not less than
fifty dollars per month, to be paid by the offender to the
registrar of motor vehicles or an eligible deputy registrar, in
all succeeding months until all reinstatement fees required of the
offender are paid in full. If the person is making payments to a
deputy registrar, the deputy registrar shall collect a service fee
of ten dollars each time the deputy registrar collects a payment
to compensate the deputy registrar for services performed under
this section. The deputy registrar shall retain eight dollars of
the service fee and shall transmit the reinstatement payments,
plus two dollars of each service fee, to the registrar in the
manner the registrar shall determine.
(2) If the offender, but for the payment of the reinstatement
fees, otherwise would be entitled to operate a vehicle in this
state or to obtain reinstatement of the offender's operating
privileges, permits the offender to operate a motor vehicle, as
authorized by the court, until a future date upon which date all
reinstatement fees must be paid in full. A payment extension
granted under this division shall not exceed one hundred eighty
days, and any operating privileges granted under this division
shall be solely for the purpose of permitting the offender
occupational or "family necessity" privileges in order to enable
the offender to reasonably acquire the delinquent reinstatement
fees due and owing.
(E) If a municipal court, county court, or juvenile division
enters an order of the type described in division (C) or division
(D)(1) or (2) of this section, the court, at any time after the
issuance of the order, may determine that a change of
circumstances has occurred and may amend the order as justice
requires, provided that the amended order also shall be an order
that is permitted under division (C) or division (D)(1) or (2) of
this section.
(F) If a court enters an order of the type described in
division (C), (D)(1), (D)(2), or (E) of this section, during the
pendency of the order, the offender in relation to whom it applies
is not subject to prosecution for failing to pay the reinstatement
fees covered by the order.
(G) In addition to divisions (A) to (F) of this section, the
registrar, with the approval of the director of public safety and
in accordance with Chapter 119. of the Revised Code, may adopt
rules that permit a person to pay reinstatement fees in
installments in accordance with this division. The rules may
contain any of the following provisions:
(1) A schedule establishing a minimum monthly payment amount;
(2) If the person otherwise would have valid driving
privileges but for the payment of the reinstatement fees, the
registrar may record the person's driving privileges as "valid" so
long as the person's installments are current.
(3) If the person's installments are not current, the
registrar may record the person's driving privileges as
"suspended" or "failure to reinstate," as appropriate.
(4) Any other provision the registrar reasonably may
prescribe.
(H) Reinstatement fees are debts that may be discharged in
bankruptcy.
Sec. 4510.11. (A) Except as provided in division (B) of this
section and in sections 4510.111 and 4510.16 of the Revised Code,
no person whose driver's or commercial driver's license or permit
or nonresident operating privilege has been suspended under any
provision of the Revised Code, other than Chapter 4509. of the
Revised Code, or under any applicable law in any other
jurisdiction in which the person's license or permit was issued,
shall operate any motor vehicle upon the public roads and highways
or upon any public or private property used by the public for
purposes of vehicular travel or parking within this state during
the period of suspension unless the person is granted limited
driving privileges and is operating the vehicle in accordance with
the terms of the limited driving privileges.
(B) No person shall operate any motor vehicle upon a highway
or any public or private property used by the public for purposes
of vehicular travel or parking in this state in violation of any
restriction of the person's driver's or commercial driver's
license or permit imposed under division (D) of section 4506.10 or
under section 4507.14 of the Revised Code.
(C) Upon the request or motion of the prosecuting authority,
a noncertified copy of the law enforcement automated data system
report or a noncertified copy of a record of the registrar of
motor vehicles that shows the name, date of birth, and social
security number of a person charged with a violation of division
(A) or (B) of this section may be admitted into evidence as
prima-facie evidence that the license of the person was under
suspension at the time of the alleged violation of division (A) of
this section or the person operated a motor vehicle in violation
of a restriction at the time of the alleged violation of division
(B) of this section. The person charged with a violation of
division (A) or (B) of this section may offer evidence to rebut
this prima-facie evidence.
(D)(1) Whoever violates division (A) or (B) of this section
is guilty of a misdemeanor of the first degree. The court may
impose upon the offender a class seven suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(7) of
section 4510.02 of the Revised Code.
(2)(a) Except as provided in division (D)(2)(b) or (c) of
this section, the court, in addition to any other penalty that it
imposes on the offender and if the vehicle is registered in the
offender's name and if, within three years of the offense, the
offender previously has been convicted of or pleaded guilty to one
violation of this section or section 4510.111 or 4510.16 of the
Revised Code, or a substantially equivalent municipal ordinance,
the court, in addition to or independent of any other sentence
that it imposes upon the offender, may order the immobilization of
the vehicle involved in the offense for thirty days and the
impoundment of that vehicle's license plates for thirty days in
accordance with section 4503.233 of the Revised Code.
(b) If the vehicle is registered in the offender's name and
if, within three years of the offense, the offender previously has
been convicted of or pleaded guilty to two violations of this
section, or any combination of two violations of this section or
section 4510.111 or 4510.16 of the Revised Code, or of a
substantially similar municipal ordinance, the court, in addition
to any other sentence that it imposes on the offender, may order
the immobilization of the vehicle involved in the offense for
sixty days and the impoundment of that vehicle's license plates
for sixty days in accordance with section 4503.233 of the Revised
Code.
(c) If the vehicle is registered in the offender's name and
if, within three years of the offense, the offender previously has
been convicted of or pleaded guilty to three or more violations of
this section, or any combination of three or more violations of
this section or section 4510.111 or 4510.16 of the Revised Code,
or of a substantially similar municipal ordinance, the court, in
addition to any other sentence that it imposes on the offender,
may order the criminal forfeiture of the vehicle involved in the
offense to the state.
(E) Any order for immobilization and impoundment under this
section shall be issued and enforced under sections 4503.233 and
4507.02 of the Revised Code, as applicable. The court shall not
release a vehicle from immobilization ordered under this section
unless the court is presented with current proof of financial
responsibility with respect to that vehicle.
(F) Any order of criminal forfeiture under this section shall
be issued and enforced under section 4503.234 of the Revised Code.
Upon receipt of the copy of the order from the court, neither the
registrar of motor vehicles nor a deputy registrar shall accept
any application for the registration or transfer of registration
of any motor vehicle owned or leased by the person named in the
declaration of forfeiture. The period of registration denial shall
be five years after the date of the order, unless, during that
period, the court having jurisdiction of the offense that led to
the order terminates the forfeiture and notifies the registrar of
the termination. The registrar then shall take necessary measures
to permit the person to register a vehicle owned or leased by the
person or to transfer registration of the vehicle.
(G) The offender shall provide the court with proof of
financial responsibility as defined in section 4509.01 of the
Revised Code. If the offender fails to provide that proof of
financial responsibility, then, in addition to any other penalties
provided by law, the court may order restitution pursuant to
section 2929.28 of the Revised Code in an amount not exceeding
five thousand dollars for any economic loss arising from an
accident or collision that was the direct and proximate result of
the offender's operation of the vehicle before, during, or after
committing the offense for which the offender is sentenced under
this section.
Sec. 4510.111. (A) No person shall operate any motor vehicle
upon a highway or any public or private property used by the
public for purposes of vehicular travel or parking in this state
whose driver's or commercial driver's license has been suspended
pursuant to section 2151.354, 2151.87, 2935.27, 3123.58, 4301.99,
4510.032, 4510.22, or 4510.33 of the Revised Code for failing to
appear in court or to pay a fine, resulting in license forfeiture.
(B) No person shall operate any motor vehicle upon a highway
or any public or private property used by the public for purposes
of vehicular travel or parking in this state whose driver's or
commercial driver's license has been suspended pursuant to section
3123.58 of the Revised Code for being in default in payment of
child support.
(C) Upon the request or motion of the prosecuting authority,
a noncertified copy of the law enforcement automated data system
report or a noncertified copy of a record of the registrar of
motor vehicles that shows the name, date of birth, and social
security number of a person charged with a violation of division
(A) or (B) of this section may be admitted into evidence as
prima-facie evidence that the license of the person was under
suspension at the time of the alleged violation of division (A) or
(B) of this section. The person charged with a violation of
division (A) or (B) of this section may offer evidence to rebut
this prima-facie evidence.
(D)(C) Whoever violates division (A) or (B) of this section
is guilty of driving under suspension, and shall be punished as
provided in division (D) of this section.
(1) Except as otherwise provided in division (D)(2) of this
section, the offense is an unclassified misdemeanor. The offender
shall be sentenced pursuant to sections 2929.21 to 2929.28 of the
Revised Code, except that the offender shall not be sentenced to a
jail term; the offender shall not be sentenced to a community
residential sanction pursuant to section 2929.26 of the Revised
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the
Revised Code, the offender may be fined up to one thousand
dollars; and, notwithstanding division (A)(3) of section 2929.27
of the Revised Code, the offender may be ordered pursuant to
division (C) of that section to serve a term of community service
of up to five hundred hours. The failure of an offender to
complete a term of community service imposed by the court may be
punished as indirect criminal contempt under division (A) of
section 2705.02 of the Revised Code that may be filed in the
underlying case.
(2) If, within three years of the offense, the offender
previously was convicted of or pleaded guilty to two or more
violations of division (A) or (B) of this section, or any
combination of two or more violations of division (A) or (B) of
this section or section 4510.11 or 4510.16 of the Revised Code, or
a substantially equivalent municipal ordinance, the offense is a
misdemeanor of the first fourth degree. The offender shall provide
the court with proof of financial responsibility as defined in
section 4509.01 of the Revised Code. If the offender fails to
provide that proof of financial responsibility, then, in addition
to any penalties provided by law, the court may order restitution
pursuant to section 2929.28 of the Revised Code in an amount not
exceeding five thousand dollars for any economic loss arising from
an accident or collision that was the direct and proximate result
of the offender's operation of the vehicle before, during, or
after committing the offense for which the offender is sentenced
under this section.
(3) In all cases, the court may impose a class seven
suspension of the offender's driver's or commercial driver's
license or permit or nonresident operating privilege from the
range of time specified in division (A)(7) of section 4507.02 of
the Revised Code.
(4)(a) In all cases, if the vehicle is registered in the
offender's name and if, within three years of the offense, the
offender previously has been convicted of or pleaded guilty to one
violation of division (A) or (B) of this section or section
4510.11 or 4510.16 of the Revised Code, or a substantially
equivalent municipal ordinance, the court, in addition to any
other sentence that it imposes upon the offender, may order the
immobilization of the vehicle involved in the offense for thirty
days and the impoundment of that vehicle's license plates for
thirty days in accordance with section 4503.233 of the Revised
Code.
(b) In all cases, if the vehicle is registered in the
offender's name and if, within three years of the offense, the
offender previously has been convicted of or pleaded guilty to two
violations of division (A) or (B) of this section, or any
combination of two violations of division (A) or (B) of this
section or section 4510.11 or 4510.16 of the Revised Code, or a
substantially equivalent municipal ordinance, the court, in
addition to any other sentence that it imposes upon the offender,
may order the immobilization of the vehicle involved in the
offense for sixty days and the impoundment of that vehicle's
license plates for sixty days in accordance with section 4503.233
of the Revised Code.
(c) In all cases, if the vehicle is registered in the
offender's name and if, within three years of the offense, the
offender previously has been convicted of or pleaded guilty to
three or more violations of this section, or any combination of
three or more violations of this section or section 4510.11 or
4510.16 of the Revised Code, or a substantially equivalent
municipal ordinance, the court, in addition to any other sentence
that it imposes upon the offender, may order the criminal
forfeiture of the vehicle involved in the offense to the state.
(E) An order for immobilization and impoundment under this
section shall be issued and enforced under sections 4503.233 and
4507.02 of the Revised Code, as applicable. The court shall not
release a motor vehicle from immobilization ordered under this
section unless the court is presented with current proof of
financial responsibility with respect to that motor vehicle.
(F) An order for criminal forfeiture under this section shall
be issued and enforced under section 4503.234 of the Revised Code.
Upon receipt of a copy of the order from the court, neither the
registrar of motor vehicles nor a deputy registrar shall accept
any application for the registration or transfer of registration
of any motor vehicle owned or leased by the person named in the
declaration of forfeiture. The period of registration denial shall
be five years after the date of the order unless, during that
period, the court having jurisdiction of the offense that led to
the order terminates the forfeiture and notifies the registrar of
the termination. The registrar then shall take the necessary
measures to permit the person to register a vehicle owned or
leased by the person or to transfer registration of the vehicle.
Sec. 4510.16. (A) No person, whose driver's or commercial
driver's license or temporary instruction permit or nonresident's
operating privilege has been suspended or canceled pursuant to
Chapter 4509. of the Revised Code, shall operate any motor vehicle
within this state, or knowingly permit any motor vehicle owned by
the person to be operated by another person in the state, during
the period of the suspension or cancellation, except as
specifically authorized by Chapter 4509. of the Revised Code. No
person shall operate a motor vehicle within this state, or
knowingly permit any motor vehicle owned by the person to be
operated by another person in the state, during the period in
which the person is required by section 4509.45 of the Revised
Code to file and maintain proof of financial responsibility for a
violation of section 4509.101 of the Revised Code, unless proof of
financial responsibility is maintained with respect to that
vehicle.
(B) No person shall operate any motor vehicle upon a highway
or any public or private property used by the public for purposes
of vehicular travel or parking in this state if the person's
driver's or commercial driver's license or temporary instruction
permit or nonresident operating privilege has been suspended
pursuant to section 4509.37 or 4509.40 of the Revised Code for
nonpayment of a judgment.
(C) Upon the request or motion of the prosecuting authority,
a noncertified copy of the law enforcement automated data system
report or a noncertified copy of a record of the registrar of
motor vehicles that shows the name, date of birth, and social
security number of a person charged with a violation of division
(A) or (B) of this section may be admitted into evidence as
prima-facie evidence that the license of the person was under
either a financial responsibility law suspension at the time of
the alleged violation of division (A) of this section or a
nonpayment of judgment suspension at the time of the alleged
violation of division (B) of this section. The person charged with
a violation of division (A) or (B) of this section may offer
evidence to rebut this prima-facie evidence.
(D) Whoever violates division (A) of this section is guilty
of driving under financial responsibility law suspension or
cancellation and shall be punished as provided in divisions (D) to
(I) of this section. Whoever violates division (B) of this section
is guilty of driving under a nonpayment of judgment suspension and
shall be punished as provided in divisions (D) to (I) of this
section.
(1) Except as otherwise provided in division (D)(2) of this
section, the offense is an unclassified misdemeanor. When the
offense is an unclassified misdemeanor, the offender shall be
sentenced pursuant to sections 2929.21 to 2929.28 of the Revised
Code, except that the offender shall not be sentenced to a jail
term; the offender shall not be sentenced to a community
residential sanction pursuant to section 2929.26 of the Revised
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the
Revised Code, the offender may be fined up to one thousand
dollars; and, notwithstanding division (A)(3) of section 2929.27
of the Revised Code, the offender may be ordered pursuant to
division (C) of that section to serve a term of community service
of up to five hundred hours. The failure of an offender to
complete a term of community service imposed by the court may be
punished as indirect criminal contempt under division (A) of
section 2705.02 of the Revised Code that may be filed in the
underlying case.
(2) If, within three years of the offense, the offender
previously was convicted of or pleaded guilty to two or more
violations of this section, or any combination of two violations
of this section or section 4510.11 or 4510.111 of the Revised
Code, or a substantially equivalent municipal ordinance, the
offense is a misdemeanor of the first fourth degree.
(E) The offender shall provide the court with proof of
financial responsibility as defined in section 4509.01 of the
Revised Code. If the offender fails to provide that proof of
financial responsibility, then, in addition to any other penalties
provided by law, the court may order restitution pursuant to
section 2929.28 of the Revised Code in an amount not exceeding
five thousand dollars for any economic loss arising from an
accident or collision that was the direct and proximate result of
the offender's operation of the vehicle before, during, or after
committing the offense for which the offender is sentenced under
this section.
(F) The court may impose a class seven suspension of the
offender's driver's or commercial driver's license or permit or
nonresident operating privilege from the range of time specified
in division (A)(7) of section 4510.02 of the Revised Code.
(G)(1) If the vehicle is registered in the offender's name
and if, within three years of the offense, the offender previously
has been convicted of or pleaded guilty to one violation of
division (A) or (B) of this section or section 4510.11 or 4510.111
of the Revised Code or a substantially equivalent municipal
ordinance, the court, in addition to or independent of any other
sentence that it imposes upon the offender, may order the
immobilization for thirty days of the vehicle involved in the
offense and the impoundment for thirty days of the license plates
of that vehicle in accordance with section 4503.233 of the Revised
Code.
(2) If the vehicle is registered in the offender's name and
if, within three years of the offense, the offender has been
convicted of or pleaded guilty to two violations of division (A)
or (B) of this section or section 4510.11 or 4510.111 of the
Revised Code, or any combination of two violations of this section
or section 4510.11 or 4510.111 of the Revised Code, or a
substantially similar municipal ordinance, the court, in addition
to or independent of any other sentence that it imposes on the
offender, may order the immobilization for sixty days of the
vehicle involved in the offense and the impoundment for sixty days
of the license plates of that vehicle in accordance with section
4503.233 of the Revised Code.
(3) If the vehicle is registered in the offender's name and
if, within three years of the offense, the offender has been
convicted of or pleaded guilty to three or more violations of this
section or section 4510.11 or 4510.111 of the Revised Code, or any
combination of three or more violations of this section or section
4510.11 or 4510.111 of the Revised Code, or a substantially
similar municipal ordinance, the court, in addition to or
independent of any other sentence that it imposes upon the
offender, may order the criminal forfeiture to the state of the
vehicle involved in the offense. If title to a motor vehicle that
is subject to an order for criminal forfeiture under this division
is assigned or transferred and division (B)(2) or (3) of section
4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the vehicle as determined by
publications of the national automobile dealers association. The
proceeds from any fine so imposed shall be distributed in
accordance with division (C)(2) of that section.
(H) Any order for immobilization and impoundment under this
section shall be issued and enforced in accordance with sections
4503.233 and 4507.02 of the Revised Code, as applicable. The court
shall not release a vehicle from immobilization ordered under this
section unless the court is presented with current proof of
financial responsibility with respect to that vehicle.
(I) An order for criminal forfeiture under this section shall
be issued and enforced under section 4503.234 of the Revised Code.
Upon receipt of a copy of the order from the court, neither the
registrar of motor vehicles nor a deputy registrar shall accept
any application for the registration or transfer of registration
of any motor vehicle owned or leased by the person named in the
declaration of forfeiture. The period of registration denial shall
be five years after the date of the order unless, during that
period, the court having jurisdiction of the offense that led to
the order terminates the forfeiture and notifies the registrar of
the termination. The registrar then shall take the necessary
measures to permit the person to register a vehicle owned or
leased by the person or to transfer registration of the vehicle.
Sec. 4510.161. (A) The requirements and sanctions imposed by
divisions (B) and (C) of this section are an adjunct to and derive
from the state's exclusive authority over the registration and
titling of motor vehicles and do not comprise a part of the
criminal sentence to be imposed upon a person who violates a
municipal ordinance that is substantially equivalent to section
4510.14 or to division (A) of section 4510.16 of the Revised Code.
(B) If a person is convicted of or pleads guilty to a
violation of a municipal ordinance that is substantially
equivalent to division (A) of section 4510.16 of the Revised Code
or former division (B)(1) of section 4507.02 of the Revised Code
or a municipal ordinance that is substantially equivalent to
either of those divisions, the court, in addition to or
independent of any sentence that it imposes upon the offender for
the offense, may do whichever of the following is applicable:
(1) If the vehicle is registered in the offender's name and
if, within three years of the current offense, the offender
previously has been convicted of or pleaded guilty to one
violation of this section or section 4510.11, 4510.111, or 4510.16
of the Revised Code or a substantially equivalent municipal
ordinance, the court, in addition to or independent of any other
sentence that it imposes upon the offender, may order the
immobilization of the vehicle involved in the offense for thirty
days and the impoundment of that vehicle's license plates for
thirty days in accordance with section 4503.233 of the Revised
Code.
(2) If the vehicle is registered in the offender's name and
if, within three years of the current offense, the offender
previously has been convicted of or pleaded guilty to two
violations of this section or any combination of two violations of
this section or section 4510.11, 4510.111, or 4510.16 of the
Revised Code, or a substantially equivalent municipal ordinance,
the court, in addition to or independent of any other sentence
that it imposes upon the offender, may order the immobilization
for sixty days of the vehicle involved in the offense and the
impoundment of that vehicle's license plates for sixty days in
accordance with section 4503.233 of the Revised Code.
(3) If the vehicle is registered in the offender's name and
if, within three years of the current offense, the offender
previously has been convicted of or pleaded guilty to three or
more violations of this section or any combination of three or
more violations of this section or section 4510.11, 4510.111, or
4510.16 of the Revised Code, or a substantially equivalent
municipal ordinance, the court may order the criminal forfeiture
to the state of the vehicle the offender was operating at the time
of the offense. If title to a motor vehicle that is subject to an
order for criminal forfeiture under this division is assigned or
transferred and division (B)(2) or (3) of section 4503.234 of the
Revised Code applies, in addition to or independent of any other
penalty established by law, the court may fine the offender the
value of the motor vehicle as determined by publications of the
national automobile dealers association. The proceeds from any
fine so imposed shall be distributed in accordance with division
(C)(2) of that section.
(C) If a person is convicted of or pleads guilty to a
violation of a municipal ordinance that is substantially
equivalent to section 4510.14 of the Revised Code, the court, in
addition to and independent of any sentence that it imposes upon
the offender for the offense, if the vehicle the offender was
operating at the time of the offense is registered in the
offender's name, shall do whichever of the following is
applicable:
(1) If, within six years of the current offense, the offender
has not been convicted of or pleaded guilty to a violation of
section 4510.14 or former division (D)(2) of section 4507.02 of
the Revised Code or a municipal ordinance that is substantially
equivalent to that section or former division, the court shall
order the immobilization for thirty days of the vehicle involved
in the offense and the impoundment for thirty days of the license
plates of that vehicle in accordance with section 4503.233 of the
Revised Code.
(2) If, within six years of the current offense, the offender
has been convicted of or pleaded guilty to one violation of
section 4510.14 or former division (D)(2) of section 4507.02 of
the Revised Code or a municipal ordinance that is substantially
equivalent to that section or former division, the court shall
order the immobilization for sixty days of the vehicle involved in
the offense and the impoundment for sixty days of the license
plates of that vehicle in accordance with section 4503.233 of the
Revised Code.
(3) If, within six years of the current offense, the offender
has been convicted of or pleaded guilty to two or more violations
of section 4510.14 or former division (D)(2) of section 4507.02 of
the Revised Code or a municipal ordinance that is substantially
equivalent to that section or former division, the court shall
order the criminal forfeiture to the state of the vehicle the
offender was operating at the time of the offense.
(D)(C) An order for immobilization and impoundment of a
vehicle under this section shall be issued and enforced in
accordance with sections 4503.233 and 4507.02 of the Revised Code,
as applicable. The court shall not release a vehicle from
immobilization ordered under this section unless the court is
presented with current proof of financial responsibility with
respect to that vehicle.
(E)(D) An order for criminal forfeiture of a vehicle under
this section shall be issued and enforced under section 4503.234
of the Revised Code. Upon receipt of a copy of the order from the
court, neither the registrar of motor vehicles nor a deputy
registrar shall accept any application for the registration or
transfer of registration of any motor vehicle owned or leased by
the person named in the declaration of forfeiture. The period of
registration denial shall be five years after the date of the
order unless, during that period, the court having jurisdiction of
the offense that led to the order terminates the forfeiture and
notifies the registrar of the termination. The registrar then
shall take the necessary measures to permit the person to register
a vehicle owned or leased by the person or to transfer
registration of the vehicle.
Sec. 4510.17. (A) The registrar of motor vehicles shall
impose a class D suspension of the person's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege for the
period of time specified in division (B)(4) of section 4510.02 of
the Revised Code on any person who is a resident of this state and
is convicted of or pleads guilty to a violation of a statute of
any other state or any federal statute that is substantially
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.141, 2925.22,
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised
Code. Upon receipt of a report from a court, court clerk, or other
official of any other state or from any federal authority that a
resident of this state was convicted of or pleaded guilty to an
offense described in this division, the registrar shall send a
notice by regular first class mail to the person, at the person's
last known address as shown in the records of the bureau of motor
vehicles, informing the person of the suspension, that the
suspension will take effect twenty-one days from the date of the
notice, and that, if the person wishes to appeal the suspension or
denial, the person must file a notice of appeal within twenty-one
days of the date of the notice requesting a hearing on the matter.
If the person requests a hearing, the registrar shall hold the
hearing not more than forty days after receipt by the registrar of
the notice of appeal. The filing of a notice of appeal does not
stay the operation of the suspension that must be imposed pursuant
to this division. The scope of the hearing shall be limited to
whether the person actually was convicted of or pleaded guilty to
the offense for which the suspension is to be imposed.
The suspension the registrar is required to impose under this
division shall end either on the last day of the class D
suspension period or of the suspension of the person's nonresident
operating privilege imposed by the state or federal court,
whichever is earlier.
The registrar shall subscribe to or otherwise participate in
any information system or register, or enter into reciprocal and
mutual agreements with other states and federal authorities, in
order to facilitate the exchange of information with other states
and the United States government regarding persons who plead
guilty to or are convicted of offenses described in this division
and therefore are subject to the suspension or denial described in
this division.
(B) The registrar shall impose a class D suspension of the
person's driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege for the period of time specified in division (B)(4) of
section 4510.02 of the Revised Code on any person who is a
resident of this state and is convicted of or pleads guilty to a
violation of a statute of any other state or a municipal ordinance
of a municipal corporation located in any other state that is
substantially similar to section 4511.19 of the Revised Code. Upon
receipt of a report from another state made pursuant to section
4510.61 of the Revised Code indicating that a resident of this
state was convicted of or pleaded guilty to an offense described
in this division, the registrar shall send a notice by regular
first class mail to the person, at the person's last known address
as shown in the records of the bureau of motor vehicles, informing
the person of the suspension, that the suspension or denial will
take effect twenty-one days from the date of the notice, and that,
if the person wishes to appeal the suspension, the person must
file a notice of appeal within twenty-one days of the date of the
notice requesting a hearing on the matter. If the person requests
a hearing, the registrar shall hold the hearing not more than
forty days after receipt by the registrar of the notice of appeal.
The filing of a notice of appeal does not stay the operation of
the suspension that must be imposed pursuant to this division. The
scope of the hearing shall be limited to whether the person
actually was convicted of or pleaded guilty to the offense for
which the suspension is to be imposed.
The suspension the registrar is required to impose under this
division shall end either on the last day of the class D
suspension period or of the suspension of the person's nonresident
operating privilege imposed by the state or federal court,
whichever is earlier.
(C) The registrar shall impose a class D suspension of the
child's driver's license, commercial driver's license, temporary
instruction permit, or nonresident operating privilege for the
period of time specified in division (B)(4) of section 4510.02 of
the Revised Code on any child who is a resident of this state and
is convicted of or pleads guilty to a violation of a statute of
any other state or any federal statute that is substantially
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.141, 2925.22,
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised
Code. Upon receipt of a report from a court, court clerk, or other
official of any other state or from any federal authority that a
child who is a resident of this state was convicted of or pleaded
guilty to an offense described in this division, the registrar
shall send a notice by regular first class mail to the child, at
the child's last known address as shown in the records of the
bureau of motor vehicles, informing the child of the suspension,
that the suspension or denial will take effect twenty-one days
from the date of the notice, and that, if the child wishes to
appeal the suspension, the child must file a notice of appeal
within twenty-one days of the date of the notice requesting a
hearing on the matter. If the child requests a hearing, the
registrar shall hold the hearing not more than forty days after
receipt by the registrar of the notice of appeal. The filing of a
notice of appeal does not stay the operation of the suspension
that must be imposed pursuant to this division. The scope of the
hearing shall be limited to whether the child actually was
convicted of or pleaded guilty to the offense for which the
suspension is to be imposed.
The suspension the registrar is required to impose under this
division shall end either on the last day of the class D
suspension period or of the suspension of the child's nonresident
operating privilege imposed by the state or federal court,
whichever is earlier. If the child is a resident of this state who
is sixteen years of age or older and does not have a current,
valid Ohio driver's or commercial driver's license or permit, the
notice shall inform the child that the child will be denied
issuance of a driver's or commercial driver's license or permit
for six months beginning on the date of the notice. If the child
has not attained the age of sixteen years on the date of the
notice, the notice shall inform the child that the period of
denial of six months shall commence on the date the child attains
the age of sixteen years.
The registrar shall subscribe to or otherwise participate in
any information system or register, or enter into reciprocal and
mutual agreements with other states and federal authorities, in
order to facilitate the exchange of information with other states
and the United States government regarding children who are
residents of this state and plead guilty to or are convicted of
offenses described in this division and therefore are subject to
the suspension or denial described in this division.
(D) The registrar shall impose a class D suspension of the
child's driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege for the period of time specified in division (B)(4) of
section 4510.02 of the Revised Code on any child who is a resident
of this state and is convicted of or pleads guilty to a violation
of a statute of any other state or a municipal ordinance of a
municipal corporation located in any other state that is
substantially similar to section 4511.19 of the Revised Code. Upon
receipt of a report from another state made pursuant to section
4510.61 of the Revised Code indicating that a child who is a
resident of this state was convicted of or pleaded guilty to an
offense described in this division, the registrar shall send a
notice by regular first class mail to the child, at the child's
last known address as shown in the records of the bureau of motor
vehicles, informing the child of the suspension, that the
suspension will take effect twenty-one days from the date of the
notice, and that, if the child wishes to appeal the suspension,
the child must file a notice of appeal within twenty-one days of
the date of the notice requesting a hearing on the matter. If the
child requests a hearing, the registrar shall hold the hearing not
more than forty days after receipt by the registrar of the notice
of appeal. The filing of a notice of appeal does not stay the
operation of the suspension that must be imposed pursuant to this
division. The scope of the hearing shall be limited to whether the
child actually was convicted of or pleaded guilty to the offense
for which the suspension is to be imposed.
The suspension the registrar is required to impose under this
division shall end either on the last day of the class D
suspension period or of the suspension of the child's nonresident
operating privilege imposed by the state or federal court,
whichever is earlier. If the child is a resident of this state who
is sixteen years of age or older and does not have a current,
valid Ohio driver's or commercial driver's license or permit, the
notice shall inform the child that the child will be denied
issuance of a driver's or commercial driver's license or permit
for six months beginning on the date of the notice. If the child
has not attained the age of sixteen years on the date of the
notice, the notice shall inform the child that the period of
denial of six months shall commence on the date the child attains
the age of sixteen years.
(E) Any person whose license or permit has been suspended
pursuant to this section may file a petition in the municipal or
county court, or in case the person is under eighteen years of
age, the juvenile court, in whose jurisdiction the person resides,
agreeing to pay the cost of the proceedings and alleging that the
suspension would seriously affect the person's ability to continue
the person's employment. Upon satisfactory proof that there is
reasonable cause to believe that the suspension would seriously
affect the person's ability to continue the person's employment,
the judge may grant the person limited driving privileges during
the period during which the suspension otherwise would be imposed,
except that the judge shall not grant limited driving privileges
for employment as a driver of a commercial motor vehicle to any
person who would be disqualified from operating a commercial motor
vehicle under section 4506.16 of the Revised Code if the violation
had occurred in this state, or during any of the following periods
of time:
(1) The first fifteen days of a suspension under division (B)
or (D) of this section, if the person has not been convicted
within six years of the date of the offense giving rise to the
suspension under this section of a violation of any of the
following:
(a) Section 4511.19 of the Revised Code, or a municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse;
(b) A municipal ordinance relating to operating a motor
vehicle with a prohibited concentration of alcohol, a controlled
substance, or a metabolite of a controlled substance in the whole
blood, blood serum or plasma, breath, or urine;
(c) Section 2903.04 of the Revised Code in a case in which
the person was subject to the sanctions described in division (D)
of that section;
(d) Division (A)(1) of section 2903.06 or division (A)(1) of
section 2903.08 of the Revised Code or a municipal ordinance that
is substantially similar to either of those divisions;
(e) Division (A)(2), (3), or (4) of section 2903.06, division
(A)(2) of section 2903.08, or as it existed prior to March 23,
2000, section 2903.07 of the Revised Code, or a municipal
ordinance that is substantially similar to any of those divisions
or that former section, in a case in which the jury or judge found
that the person was under the influence of alcohol, a drug of
abuse, or alcohol and a drug of abuse.
(2) The first thirty days of a suspension under division (B)
or (D) of this section, if the person has been convicted one time
within six years of the date of the offense giving rise to the
suspension under this section of any violation identified in
division (E)(1) of this section.
(3) The first one hundred eighty days of a suspension under
division (B) or (D) of this section, if the person has been
convicted two times within six years of the date of the offense
giving rise to the suspension under this section of any violation
identified in division (E)(1) of this section.
(4) No limited driving privileges may be granted if the
person has been convicted three or more times within five years of
the date of the offense giving rise to a suspension under division
(B) or (D) of this section of any violation identified in division
(E)(1) of this section.
If a person petitions for limited driving privileges under
division (E) of this section, the registrar shall be represented
by the county prosecutor of the county in which the person resides
if the petition is filed in a juvenile court or county court,
except that if the person resides within a city or village that is
located within the jurisdiction of the county in which the
petition is filed, the city director of law or village solicitor
of that city or village shall represent the registrar. If the
petition is filed in a municipal court, the registrar shall be
represented as provided in section 1901.34 of the Revised Code.
In granting limited driving privileges under division (E) of
this section, the court may impose any condition it considers
reasonable and necessary to limit the use of a vehicle by the
person. The court shall deliver to the person a permit card, in a
form to be prescribed by the court, setting forth the time, place,
and other conditions limiting the person's use of a motor vehicle.
The grant of limited driving privileges shall be conditioned upon
the person's having the permit in the person's possession at all
times during which the person is operating a vehicle.
A person granted limited driving privileges who operates a
vehicle for other than limited purposes, in violation of any
condition imposed by the court or without having the permit in the
person's possession, is guilty of a violation of section 4510.11
of the Revised Code.
(F) As used in divisions (C) and (D) of this section:
(1) "Child" means a person who is under the age of eighteen
years, except that any person who violates a statute or ordinance
described in division (C) or (D) of this section prior to
attaining eighteen years of age shall be deemed a "child"
irrespective of the person's age at the time the complaint or
other equivalent document is filed in the other state or a
hearing, trial, or other proceeding is held in the other state on
the complaint or other equivalent document, and irrespective of
the person's age when the period of license suspension or denial
prescribed in division (C) or (D) of this section is imposed.
(2) "Is convicted of or pleads guilty to" means, as it
relates to a child who is a resident of this state, that in a
proceeding conducted in a state or federal court located in
another state for a violation of a statute or ordinance described
in division (C) or (D) of this section, the result of the
proceeding is any of the following:
(a) Under the laws that govern the proceedings of the court,
the child is adjudicated to be or admits to being a delinquent
child or a juvenile traffic offender for a violation described in
division (C) or (D) of this section that would be a crime if
committed by an adult;
(b) Under the laws that govern the proceedings of the court,
the child is convicted of or pleads guilty to a violation
described in division (C) or (D) of this section;
(c) Under the laws that govern the proceedings of the court,
irrespective of the terminology utilized in those laws, the result
of the court's proceedings is the functional equivalent of
division (F)(2)(a) or (b) of this section.
Sec. 4510.41. (A) As used in this section:
(1) "Arrested person" means a person who is arrested for a
violation of section 4510.14, 4510.16, or 4511.203 of the Revised
Code, or a municipal ordinance that is substantially equivalent to
any either of those sections, and whose arrest results in a
vehicle being seized under division (B) of this section.
(2) "Vehicle owner" means either of the following:
(a) The person in whose name is registered, at the time of
the seizure, a vehicle that is seized under division (B) of this
section;
(b) A person to whom the certificate of title to a vehicle
that is seized under division (B) of this section has been
assigned and who has not obtained a certificate of title to the
vehicle in that person's name, but who is deemed by the court as
being the owner of the vehicle at the time the vehicle was seized
under division (B) of this section.
(3) "Interested party" includes the owner of a vehicle seized
under this section, all lienholders, the arrested person, the
owner of the place of storage at which a vehicle seized under this
section is stored, and the person or entity that caused the
vehicle to be removed.
(B)(1) If a person is arrested for a violation of section
4510.14 or 4511.203 of the Revised Code or a municipal ordinance
that is substantially equivalent to either of those sections or if
a person is arrested for a violation of section 4510.16 of the
Revised Code or a municipal ordinance that is substantially
equivalent to that section and if division (G)(2) of section
4510.16 or division (B) of section 4510.161 of the Revised Code
applies, the arresting officer or another officer of the law
enforcement agency that employs the arresting officer, in addition
to any action that the arresting officer is required or authorized
to take by any other provision of law, shall seize the vehicle
that the person was operating at the time of, or that was involved
in, the alleged offense if the vehicle is registered in the
arrested person's name and its license plates. A law enforcement
agency that employs a law enforcement officer who makes an arrest
of a type that is described in this division and that involves a
rented or leased vehicle that is being rented or leased for a
period of thirty days or less shall notify, within twenty-four
hours after the officer makes the arrest, the lessor or owner of
the vehicle regarding the circumstances of the arrest and the
location at which the vehicle may be picked up. At the time of the
seizure of the vehicle, the law enforcement officer who made the
arrest shall give the arrested person written notice that the
vehicle and its license plates have been seized; that the vehicle
either will be kept by the officer's law enforcement agency or
will be immobilized at least until the person's initial appearance
on the charge of the offense for which the arrest was made; that,
at the initial appearance, the court in certain circumstances may
order that the vehicle and license plates be released to the
arrested person until the disposition of that charge; that, if the
arrested person is convicted of that charge, the court generally
must order the immobilization of the vehicle and the impoundment
of its license plates or the forfeiture of the vehicle; and that
the arrested person may be charged expenses or charges incurred
under this section and section 4503.233 of the Revised Code for
the removal and storage of the vehicle.
(2) The arresting officer or a law enforcement officer of the
agency that employs the arresting officer shall give written
notice of the seizure under division (B)(1) of this section to the
court that will conduct the initial appearance of the arrested
person on the charges arising out of the arrest. Upon receipt of
the notice, the court promptly shall determine whether the
arrested person is the vehicle owner. If the court determines that
the arrested person is not the vehicle owner, it promptly shall
send by regular mail written notice of the seizure to the
vehicle's registered owner. The written notice shall contain all
of the information required by division (B)(1) of this section to
be in a notice to be given to the arrested person and also shall
specify the date, time, and place of the arrested person's initial
appearance. The notice also shall inform the vehicle owner that if
title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and
division (B)(2) or (3) of section 4503.234 of the Revised Code
applies, the court may fine the arrested person the value of the
vehicle. The notice also shall state that if the vehicle is
immobilized under division (A) of section 4503.233 of the Revised
Code, seven days after the end of the period of immobilization a
law enforcement agency will send the vehicle owner a notice,
informing the owner that if the release of the vehicle is not
obtained in accordance with division (D)(3) of section 4503.233 of
the Revised Code, the vehicle shall be forfeited. The notice also
shall inform the vehicle owner that the owner may be charged
expenses or charges incurred under this section and section
4503.233 of the Revised Code for the removal and storage of the
vehicle.
The written notice that is given to the arrested person also
shall state that if the person is convicted of or pleads guilty to
the offense and the court issues an immobilization and impoundment
order relative to that vehicle, division (D)(4) of section
4503.233 of the Revised Code prohibits the vehicle from being sold
during the period of immobilization without the prior approval of
the court.
(3) At or before the initial appearance, the vehicle owner
may file a motion requesting the court to order that the vehicle
and its license plates be released to the vehicle owner. Except as
provided in this division and subject to the payment of expenses
or charges incurred in the removal and storage of the vehicle, the
court, in its discretion, then may issue an order releasing the
vehicle and its license plates to the vehicle owner. Such an order
may be conditioned upon such terms as the court determines
appropriate, including the posting of a bond in an amount
determined by the court. If the arrested person is not the vehicle
owner and if the vehicle owner is not present at the arrested
person's initial appearance, and if the court believes that the
vehicle owner was not provided with adequate notice of the initial
appearance, the court, in its discretion, may allow the vehicle
owner to file a motion within seven days of the initial
appearance. If the court allows the vehicle owner to file such a
motion after the initial appearance, the extension of time granted
by the court does not extend the time within which the initial
appearance is to be conducted. If the court issues an order for
the release of the vehicle and its license plates, a copy of the
order shall be made available to the vehicle owner. If the vehicle
owner presents a copy of the order to the law enforcement agency
that employs the law enforcement officer who arrested the arrested
person, the law enforcement agency promptly shall release the
vehicle and its license plates to the vehicle owner upon payment
by the vehicle owner of any expenses or charges incurred in the
removal or storage of the vehicle.
(4) A vehicle seized under division (B)(1) of this section
either shall be towed to a place specified by the law enforcement
agency that employs the arresting officer to be safely kept by the
agency at that place for the time and in the manner specified in
this section or shall be otherwise immobilized for the time and in
the manner specified in this section. A law enforcement officer of
that agency shall remove the identification license plates of the
vehicle, and they shall be safely kept by the agency for the time
and in the manner specified in this section. No vehicle that is
seized and either towed or immobilized pursuant to this division
shall be considered contraband for purposes of Chapter 2981. of
the Revised Code. The vehicle shall not be immobilized at any
place other than a commercially operated private storage lot, a
place owned by a law enforcement or other government agency, or a
place to which one of the following applies:
(a) The place is leased by or otherwise under the control of
a law enforcement or other government agency.
(b) The place is owned by the arrested person, the arrested
person's spouse, or a parent or child of the arrested person.
(c) The place is owned by a private person or entity, and,
prior to the immobilization, the private entity or person that
owns the place, or the authorized agent of that private entity or
person, has given express written consent for the immobilization
to be carried out at that place.
(d) The place is a public street or highway on which the
vehicle is parked in accordance with the law.
(C)(1) A vehicle seized under division (B)(1) of this section
shall be safely kept at the place to which it is towed or
otherwise moved by the law enforcement agency that employs the
arresting officer until the initial appearance of the arrested
person relative to the charge in question. The license plates of
the vehicle that are removed pursuant to division (B)(1) of this
section shall be safely kept by the law enforcement agency that
employs the arresting officer until at least the initial
appearance of the arrested person relative to the charge in
question.
(2)(a) At the initial appearance or not less than seven days
prior to the date of final disposition, the court shall notify the
arrested person that, if title to a motor vehicle that is subject
to an order for criminal forfeiture under this section is assigned
or transferred and division (B)(2) or (3) of section 4503.234 of
the Revised Code applies, the court may fine the arrested person
the value of the vehicle. If, at the initial appearance, the
arrested person pleads guilty to the violation of section 4510.14,
4510.16, or 4511.203 of the Revised Code, or a municipal ordinance
that is substantially equivalent to any either of those sections
or pleads no contest to and is convicted of the violation, the
following sentencing provisions apply:
(i) If the person violated section 4510.14 of the Revised
Code or a municipal ordinance that is substantially equivalent to
that section, the court shall impose sentence upon the person as
provided by law or ordinance; the court shall order the
immobilization of the vehicle the arrested person was operating at
the time of, or that was involved in, the offense if registered in
the arrested person's name and the impoundment of its license
plates under sections 4503.233 and 4510.14 of the Revised Code or
the criminal forfeiture to the state of the vehicle if registered
in the arrested person's name under sections 4503.234 and 4510.14
of the Revised Code, whichever is applicable; and the vehicle and
its license plates shall not be returned or released to the
arrested person.
(ii) If the person violated section 4511.203 of the Revised
Code or a municipal ordinance that is substantially equivalent to
that section, or violated section 4510.16 of the Revised Code or a
municipal ordinance that is substantially equivalent to that
section and division (G)(2) of section 4510.16 or division (B) of
section 4510.161 of the Revised Code applies, the court shall
impose sentence upon the person as provided by law or ordinance;
the court may order the immobilization of the vehicle the arrested
person was operating at the time of, or that was involved in, the
offense if registered in the arrested person's name and the
impoundment of its license plates under section 4503.233 and
section 4510.16, 4510.161, or 4511.203 of the Revised Code or the
criminal forfeiture to the state of the vehicle if registered in
the arrested person's name under section 4503.234 and section
4510.16, 4510.161, or 4511.203 of the Revised Code, whichever is
applicable; and the vehicle and its license plates shall not be
returned or released to the arrested person.
(ii) If the person violated section 4510.16 of the Revised
Code or a municipal ordinance that is substantially equivalent to
that section and division (G)(1) of section 4510.16 or division
(B) of section 4510.161 applies, the court shall impose sentence
upon the person as provided by law or ordinance and may order the
immobilization of the vehicle the person was operating at the time
of, or that was involved in, the offense if it is registered in
the arrested person's name and the impoundment of its license
plates under section 4503.233 and section 4510.16 or 4510.161 of
the Revised Code, and the vehicle and its license plates shall not
be returned or released to the arrested person.
(b) If, at any time, the charge that the arrested person
violated section 4510.14, 4510.16, or 4511.203 of the Revised
Code, or a municipal ordinance that is substantially equivalent to
any either of those sections is dismissed for any reason, the
court shall order that the vehicle seized at the time of the
arrest and its license plates immediately be released to the
person.
(D) If a vehicle and its license plates are seized under
division (B)(1) of this section and are not returned or released
to the arrested person pursuant to division (C) of this section,
the vehicle and its license plates shall be retained until the
final disposition of the charge in question. Upon the final
disposition of that charge, the court shall do whichever of the
following is applicable:
(1) If the arrested person is convicted of or pleads guilty
to the violation of section 4510.14 of the Revised Code or a
municipal ordinance that is substantially equivalent to that
section, the court shall impose sentence upon the person as
provided by law or ordinance and shall order the immobilization of
the vehicle the person was operating at the time of, or that was
involved in, the offense if it is registered in the arrested
person's name and the impoundment of its license plates under
sections 4503.233 and 4510.14 of the Revised Code or the criminal
forfeiture of the vehicle if it is registered in the arrested
person's name under sections 4503.234 and 4510.14 of the Revised
Code, whichever is applicable.
(2) If the arrested person is convicted of or pleads guilty
to the violation of section 4511.203 of the Revised Code, or a
municipal ordinance that is substantially equivalent to that
section, or to the violation of section 4510.16 of the Revised
Code or a municipal ordinance that is substantially equivalent to
that section and division (F)(2) of section 4510.16 or division
(B) of section 4510.161 of the Revised Code applies, the court
shall impose sentence upon the person as provided by law or
ordinance and may order the immobilization of the vehicle the
person was operating at the time of, or that was involved in, the
offense if it is registered in the arrested person's name and the
impoundment of its license plates under section 4503.233 and
section 4510.16, 4510.161, or 4511.203 of the Revised Code or the
criminal forfeiture of the vehicle if it is registered in the
arrested person's name under section 4503.234 and section 4510.16,
4510.161, or 4511.203 of the Revised Code, whichever is
applicable.
(2) If the person violated section 4510.16 of the Revised
Code or a municipal ordinance that is substantially equivalent to
that section and division (G)(1) of section 4510.16 or division
(B) of section 4510.161 applies, the court shall impose sentence
upon the person as provided by law or ordinance and may order the
immobilization of the vehicle the person was operating at the time
of, or that was involved in, the offense if it is registered in
the person's name and the impoundment of its license plates under
section 4503.233 and section 4510.16 or 4510.161 of the Revised
Code.
(3) If the arrested person is found not guilty of the
violation of section 4510.14, 4510.16, or 4511.203 of the Revised
Code, or a municipal ordinance that is substantially equivalent to
any either of those sections, the court shall order that the
vehicle and its license plates immediately be released to the
arrested person.
(4) If the charge that the arrested person violated section
4510.14, 4510.16, or 4511.203 of the Revised Code, or a municipal
ordinance that is substantially equivalent to any either of those
sections is dismissed for any reason, the court shall order that
the vehicle and its license plates immediately be released to the
arrested person.
(5) If the impoundment of the vehicle was not authorized
under this section, the court shall order that the vehicle and its
license plates be returned immediately to the arrested person or,
if the arrested person is not the vehicle owner, to the vehicle
owner and shall order that the state or political subdivision of
the law enforcement agency served by the law enforcement officer
who seized the vehicle pay all expenses and charges incurred in
its removal and storage.
(E) If a vehicle is seized under division (B)(2) of this
section, the time between the seizure of the vehicle and either
its release to the arrested person pursuant to division (C) of
this section or the issuance of an order of immobilization of the
vehicle under section 4503.233 of the Revised Code shall be
credited against the period of immobilization ordered by the
court.
(F)(1) Except as provided in division (D)(4) of this section,
the arrested person may be charged expenses or charges incurred in
the removal and storage of the immobilized vehicle. The court with
jurisdiction over the case, after notice to all interested
parties, including lienholders, and after an opportunity for them
to be heard, if the court finds that the arrested person does not
intend to seek release of the vehicle at the end of the period of
immobilization under section 4503.233 of the Revised Code or that
the arrested person is not or will not be able to pay the expenses
and charges incurred in its removal and storage, may order that
title to the vehicle be transferred, in order of priority, first
into the name of the person or entity that removed it, next into
the name of a lienholder, or lastly into the name of the owner of
the place of storage.
Any lienholder that receives title under a court order shall
do so on the condition that it pay any expenses or charges
incurred in the vehicle's removal and storage. If the person or
entity that receives title to the vehicle is the person or entity
that removed it, the person or entity shall receive title on the
condition that it pay any lien on the vehicle. The court shall not
order that title be transferred to any person or entity other than
the owner of the place of storage if the person or entity refuses
to receive the title. Any person or entity that receives title
either may keep title to the vehicle or may dispose of the vehicle
in any legal manner that it considers appropriate, including
assignment of the certificate of title to the motor vehicle to a
salvage dealer or a scrap metal processing facility. The person or
entity shall not transfer the vehicle to the person who is the
vehicle's immediate previous owner.
If the person or entity that receives title assigns the motor
vehicle to a salvage dealer or scrap metal processing facility,
the person or entity shall send the assigned certificate of title
to the motor vehicle to the clerk of the court of common pleas of
the county in which the salvage dealer or scrap metal processing
facility is located. The person or entity shall mark the face of
the certificate of title with the words "FOR DESTRUCTION" and
shall deliver a photocopy of the certificate of title to the
salvage dealer or scrap metal processing facility for its records.
(2) Whenever a court issues an order under division (F)(1) of
this section, the court also shall order removal of the license
plates from the vehicle and cause them to be sent to the registrar
if they have not already been sent to the registrar. Thereafter,
no further proceedings shall take place under this section or
under section 4503.233 of the Revised Code.
(3) Prior to initiating a proceeding under division (F)(1) of
this section, and upon payment of the fee under division (B) of
section 4505.14, any interested party may cause a search to be
made of the public records of the bureau of motor vehicles or the
clerk of the court of common pleas, to ascertain the identity of
any lienholder of the vehicle. The initiating party shall furnish
this information to the clerk of the court with jurisdiction over
the case, and the clerk shall provide notice to the arrested
person, any lienholder, and any other interested parties listed by
the initiating party, at the last known address supplied by the
initiating party, by certified mail, or, at the option of the
initiating party, by personal service or ordinary mail.
Sec. 4510.54. (A) Except as provided in division (F) of this
section, a person whose driver's or commercial driver's license
has been suspended for life under a class one suspension or as
otherwise provided by law or has been suspended for a period in
excess of fifteen years under a class two suspension may file a
motion with the sentencing court for modification or termination
of the suspension. The person filing the motion shall demonstrate
all of the following:
(1) One of the following applies:
(a) At least fifteen years have elapsed since the suspension
began.
(2) For, and, for the past fifteen years, the person has not
been found guilty of any felony, any offense involving a moving
violation under federal law, the law of this state, or the law of
any of its political subdivisions, or any violation of a
suspension under this chapter or a substantially equivalent
municipal ordinance.
(b) At least five years have elapsed since the suspension
began, and, for the past five years, the person has not been found
guilty of any offense involving a moving violation under the law
of this state, the law of any of its political subdivisions, or
federal law, any violation of section 2903.06 or 2903.08 of the
Revised Code, or any violation of a suspension under this chapter
or a substantially equivalent municipal ordinance.
(3)(2) The person has proof of financial responsibility, a
policy of liability insurance in effect that meets the minimum
standard set forth in section 4509.51 of the Revised Code, or
proof, to the satisfaction of the registrar of motor vehicles,
that the person is able to respond in damages in an amount at
least equal to the minimum amounts specified in that section.
(4)(3) If the suspension was imposed because the person was
under the influence of alcohol, a drug of abuse, or combination of
them at the time of the offense or because at the time of the
offense the person's whole blood, blood serum or plasma, breath,
or urine contained at least the concentration of alcohol specified
in division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code or at least the concentration of a listed controlled
substance or a listed metabolite of a controlled substance
specified in division (A)(1)(j) of section 4511.19 of the Revised
Code, the person also shall demonstrate all of the following:
(a) The person successfully completed an alcohol, drug, or
alcohol and drug treatment program.
(b) The person has not abused alcohol or other drugs for a
period satisfactory to the court.
(c) For the past fifteen years, the person has not been found
guilty of any alcohol-related or drug-related offense.
(B) Upon receipt of a motion for modification or termination
of the suspension under this section, the court may schedule a
hearing on the motion. The court may deny the motion without a
hearing but shall not grant the motion without a hearing. If the
court denies a motion without a hearing, the court may consider a
subsequent motion filed under this section by that person. If a
court denies the motion after a hearing, the court shall not
consider a subsequent motion for that person. The court shall hear
only one motion filed by a person under this section. If
scheduled, the hearing shall be conducted in open court within
ninety days after the date on which the motion is filed.
(C) The court shall notify the person whose license was
suspended and the prosecuting attorney of the date, time, and
location of the hearing. Upon receipt of the notice from the
court, the prosecuting attorney shall notify the victim or the
victim's representative of the date, time, and location of the
hearing.
(D) At any hearing under this section, the person who seeks
modification or termination of the suspension has the burden to
demonstrate, under oath, that the person meets the requirements of
division (A) of this section. At the hearing, the court shall
afford the offender or the offender's counsel an opportunity to
present oral or written information relevant to the motion. The
court shall afford a similar opportunity to provide relevant
information to the prosecuting attorney and the victim or victim's
representative.
Before ruling on the motion, the court shall take into
account the person's driving record, the nature of the offense
that led to the suspension, and the impact of the offense on any
victim. In addition, if the offender is eligible for modification
or termination of the suspension under division (A)(2)(1)(a) of
this section, the court shall consider whether the person
committed any other offense while under suspension and determine
whether the offense is relevant to a determination under this
section. The court may modify or terminate the suspension subject
to any considerations it considers proper if it finds that
allowing the person to drive is not likely to present a danger to
the public. After the court makes a ruling on a motion filed under
this section, the prosecuting attorney shall notify the victim or
the victim's representative of the court's ruling.
(E) If a court modifies a person's license suspension under
this section and the person subsequently is found guilty of any
moving violation or of any substantially equivalent municipal
ordinance that carries as a possible penalty the suspension of a
person's driver's or commercial driver's license, the court may
reimpose the class one or other lifetime suspension, or the class
two suspension, whichever is applicable.
(F) This section does not apply to any person whose driver's
or commercial driver's license or permit or nonresident operating
privilege has been suspended for life under a class one suspension
imposed under division (B)(3) of section 2903.06 or section
2903.08 of the Revised Code or a class two suspension imposed
under division (C) of section 2903.06 or section 2903.11, 2923.02,
or 2929.02 of the Revised Code.
Sec. 4513.02. (A) No person shall drive or move, or cause or
knowingly permit to be driven or moved, on any highway any vehicle
or combination of vehicles which is in such unsafe condition as to
endanger any person.
(B) When directed by any state highway patrol trooper, the
operator of any motor vehicle shall stop and submit such motor
vehicle to an inspection under division (B)(1) or (2) of this
section, as appropriate, and such tests as are necessary.
(1) Any motor vehicle not subject to inspection by the public
utilities commission shall be inspected and tested to determine
whether it is unsafe or not equipped as required by law, or that
its equipment is not in proper adjustment or repair, or in
violation of the equipment provisions of Chapter 4513. of the
Revised Code.
Such inspection shall be made with respect to the brakes,
lights, turn signals, steering, horns and warning devices, glass,
mirrors, exhaust system, windshield wipers, tires, and such other
items of equipment as designated by the superintendent of the
state highway patrol by rule or regulation adopted pursuant to
sections 119.01 to 119.13 of the Revised Code.
Upon determining that a motor vehicle is in safe operating
condition and its equipment in conformity with Chapter 4513. of
the Revised Code, the inspecting officer shall issue to the
operator an official inspection sticker, which shall be in such
form as the superintendent prescribes except that its color shall
vary from year to year.
(2) Any motor vehicle subject to inspection by the public
utilities commission shall be inspected and tested in accordance
with rules adopted by the commission. Upon determining that the
vehicle and operator are in compliance with rules adopted by the
commission, the inspecting officer shall issue to the operator an
appropriate official inspection sticker.
(C) The superintendent of the state highway patrol, pursuant
to sections 119.01 to 119.13 of the Revised Code, shall determine
and promulgate standards for any inspection program conducted by a
political subdivision of this state. These standards shall exempt
licensed collector's vehicles and historical motor vehicles from
inspection. Any motor vehicle bearing a valid certificate of
inspection issued by another state or a political subdivision of
this state whose inspection program conforms to the
superintendent's standards, and any licensed collector's vehicle
or historical motor vehicle which is not in a condition which
endangers the safety of persons or property, shall be exempt from
the tests provided in division (B) of this section.
(D) Every person, firm, association, or corporation that, in
the conduct of its business, owns and operates not less than
fifteen motor vehicles in this state that are not subject to
regulation by the public utilities commission and that, for the
purpose of storing, repairing, maintaining, and servicing such
motor vehicles, equips and operates one or more service
departments within this state, may file with the superintendent of
the state highway patrol applications for permits for such service
departments as official inspection stations for its own motor
vehicles. Upon receiving an application for each such service
department, and after determining that it is properly equipped and
has competent personnel to perform the inspections referred to in
this section, the superintendent shall issue the necessary
inspection stickers and permit to operate as an official
inspection station. Any such person who has had one or more
service departments so designated as official inspection stations
may have motor vehicles that are owned and operated by the person
and that are not subject to regulation by the public utilities
commission, excepting private passenger cars owned by the person
or the person's employees, inspected at such service department;
and any motor vehicle bearing a valid certificate of inspection
issued by such service department shall be exempt from the tests
provided in division (B) of this section.
No permit for an official inspection station shall be
assigned or transferred or used at any location other than therein
designated, and every such permit shall be posted in a conspicuous
place at the location designated.
If a person, firm, association, or corporation owns and
operates fifteen or more motor vehicles in the conduct of business
and is subject to regulation by the public utilities commission,
that person, firm, association, or corporation is not eligible to
apply to the superintendent for permits to enable any of its
service departments to serve as official inspection stations for
its own motor vehicles.
(E) When any motor vehicle is found to be unsafe for
operation, the inspecting officer may order it removed from the
highway and not operated, except for purposes of removal and
repair, until it has been repaired pursuant to a repair order as
provided in division (F) of this section.
(F) When any motor vehicle is found to be defective or in
violation of Chapter 4513. of the Revised Code, the inspecting
officer may issue a repair order, in such form and containing such
information as the superintendent shall prescribe, to the owner or
operator of the motor vehicle. The owner or operator shall
thereupon obtain such repairs as are required and shall, as
directed by the inspecting officer, return the repair order
together with proof of compliance with its provisions. When any
motor vehicle or operator subject to rules of the public utilities
commission fails the inspection, the inspecting officer shall
issue an appropriate order to obtain compliance with such rules.
(G) Sections 4513.01 to 4513.37 of the Revised Code, with
respect to equipment on vehicles, do not apply to implements of
husbandry, road machinery, road rollers, or agricultural tractors
except as made applicable to such articles of machinery.
(H)
Except as otherwise provided in this division, whoever
Whoever violates this section is guilty of a minor misdemeanor. If
the offender previously has been convicted of a violation of this
section, whoever violates this section is guilty of a misdemeanor
of the third degree.
Sec. 4513.021. (A) As used in this section:
(1) "Passenger car" means any motor vehicle with motive
power, designed for carrying ten persons or less, except a
multipurpose passenger vehicle or motorcycle.
(2) "Multipurpose passenger vehicle" means a motor vehicle
with motive power, except a motorcycle, designed to carry ten
persons or less, that is constructed either on a truck chassis or
with special features for occasional off-road operation.
(3) "Truck" means every motor vehicle, except trailers and
semitrailers, designed and used to carry property and having a
gross vehicle weight rating of ten thousand pounds or less.
(4) "Manufacturer" has the same meaning as in section 4501.01
of the Revised Code.
(5) "Gross vehicle weight rating" means the manufacturer's
gross vehicle weight rating established for that vehicle.
(B) The director of public safety, in accordance with Chapter
119. of the Revised Code, shall adopt rules in conformance with
standards of the vehicle equipment safety commission, that shall
govern the maximum bumper height or, in the absence of bumpers and
in cases where bumper heights have been lowered or modified, the
maximum height to the bottom of the frame rail, of any passenger
car, multipurpose passenger vehicle, or truck.
(C) No person shall operate upon a street or highway any
passenger car, multipurpose passenger vehicle, or truck registered
in this state that does not conform to the requirements of this
section or to any applicable rule adopted pursuant to this
section.
(D) No person shall modify any motor vehicle registered in
this state in such a manner as to cause the vehicle body or
chassis to come in contact with the ground, expose the fuel tank
to damage from collision, or cause the wheels to come in contact
with the body under normal operation, and no person shall
disconnect any part of the original suspension system of the
vehicle to defeat the safe operation of that system.
(E) Nothing contained in this section or in the rules adopted
pursuant to this section shall be construed to prohibit either of
the following:
(1) The installation upon a passenger car, multipurpose
passenger vehicle, or truck registered in this state of heavy duty
equipment, including shock absorbers and overload springs;
(2) The operation on a street or highway of a passenger car,
multipurpose passenger vehicle, or truck registered in this state
with normal wear to the suspension system if the normal wear does
not adversely affect the control of the vehicle.
(F) This section and the rules adopted pursuant to it do not
apply to any specially designed or modified passenger car,
multipurpose passenger vehicle, or truck when operated off a
street or highway in races and similar events.
(G)
Except as otherwise provided in this division, whoever
Whoever violates this section is guilty of a minor misdemeanor. If
the offender previously has been convicted of a violation of this
section, whoever violates this section is guilty of a misdemeanor
of the third degree.
Sec. 4513.99. (A) Any violation of section 4513.10,
4513.182, 4513.20, 4513.201, 4513.202, 4513.25, 4513.26, 4513.27,
4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the Revised Code
shall be punished under division (B) of this section.
(B) Whoever violates the sections of this chapter that are
specifically required to be punished under this division, or any
provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of
the Revised Code for which violation no penalty is otherwise
provided, is guilty of a minor misdemeanor
on a first offense; on
a second offense within one year after the first offense, the
person is guilty of a misdemeanor of the fourth degree; on each
subsequent offense within one year after the first offense, the
person is guilty of a misdemeanor of the third degree.
Sec. 4713.07. The state board of cosmetology shall do all of
the following:
(A) Prescribe and make available application forms to be used
by persons seeking admission to an examination conducted under
section 4713.24 of the Revised Code or a license issued under this
chapter;
(B) Prescribe and make available application forms to be used
by persons seeking renewal of a license issued under this chapter;
(C) Report to the proper prosecuting officer all violations
of section 4713.14 of the Revised Code of which the board is
aware;
(D) Submit a written report annually to the governor that
provides all of the following:
(1) A discussion of the conditions in this state of the
branches of cosmetology;
(2) A brief summary of the board's proceedings during the
year the report covers;
(3) A statement of all money that the board received and
expended during the year the report covers.
(E) Keep a record of all of the following:
(1) The board's proceedings;
(2) The name and last known address of each person issued a
license under section 4713.28, 4713.30, 4713.31, 4713.34, or
4713.39 of the Revised Code;
(3) The name and address of each salon issued a license under
section 4713.41 of the Revised Code and each school of cosmetology
issued a license under section 4713.44 of the Revised Code;
(4) The name and address of each tanning facility issued a
permit under section 4713.48 of the Revised Code;
(5) The date and number of each license and permit that the
board issues;
(F) Assist ex-offenders and military veterans who hold
licenses issued by the board to find employment within salons or
other facilities within this state;
(G) All other duties that this chapter imposes on the board.
Sec. 4713.28. The state board of cosmetology shall issue a
practicing license to an applicant who, except as provided in
section 4713.30 of the Revised Code, satisfies all of the
following applicable conditions:
(A) Is at least sixteen years of age;
(B) Is of good moral character;
(C) Has the equivalent of an Ohio public school tenth grade
education;
(D) Passes an examination conducted under section 4713.24 of
the Revised Code for the branch of cosmetology the applicant seeks
to practice;
(E) Pays to the board the applicable fee;
(F) In the case of an applicant for an initial cosmetologist
license, has successfully completed at least fifteen hundred hours
of board-approved cosmetology training in a school of cosmetology
licensed in this state, except that only one thousand hours of
board-approved cosmetology training in a school of cosmetology
licensed in this state is required of a person licensed as a
barber under Chapter 4709. of the Revised Code;
(G) In the case of an applicant for an initial esthetician
license, has successfully completed at least six hundred hours of
board-approved esthetics training in a school of cosmetology
licensed in this state;
(H) In the case of an applicant for an initial hair designer
license, has successfully completed at least one thousand two
hundred hours of board-approved hair designer training in a school
of cosmetology licensed in this state, except that only one
thousand hours of board-approved hair designer training in a
school of cosmetology licensed in this state is required of a
person licensed as a barber under Chapter 4709. of the Revised
Code;
(I) In the case of an applicant for an initial manicurist
license, has successfully completed at least two hundred hours of
board-approved manicurist training in a school of cosmetology
licensed in this state;
(J) In the case of an applicant for an initial natural hair
stylist license, has successfully completed at least four hundred
fifty hours of instruction in subjects relating to sanitation,
scalp care, anatomy, hair styling, communication skills, and laws
and rules governing the practice of cosmetology;
(K) The board shall not deny a license to any applicant based
on prior incarceration or conviction for any crime. If the board
denies an individual a license or license renewal, the reasons for
such denial shall be put in writing.
Sec. 4725.44. (A) The Ohio optical dispensers board shall be
responsible for the administration of sections 4725.40 to 4725.59
of the Revised Code and, in particular, shall process applications
for licensure as licensed dispensing opticians and ocularists;
schedule, administer, and supervise the qualifying examinations
for licensure or contract with a testing service to schedule,
administer, and supervise the qualifying examination for
licensure; issue licenses to qualified individuals; revoke and
suspend licenses; and maintain adequate records with respect to
its operations and responsibilities.
(B) The board shall adopt, amend, or rescind rules, pursuant
to Chapter 119. of the Revised Code, for the licensure of
dispensing opticians and ocularists, and such other rules as are
required by or necessary to carry out the responsibilities imposed
by sections 4725.40 to 4725.59 of the Revised Code, including
rules establishing criminal records check requirements under
section 4776.03 of the Revised Code and rules establishing
disqualifying offenses for licensure as a dispensing optician or
certification as an apprentice dispensing optician pursuant to
sections 4725.48, 4725.52, 4725.53, and 4776.10 of the Revised
Code.
(C) The board shall have no authority to adopt rules
governing the employment of dispensing opticians, the location or
number of optical stores, advertising of optical products or
services, or the manner in which optical products can be
displayed.
Sec. 4725.48. (A) Any person who desires to engage in
optical dispensing, except as provided in section 4725.47 of the
Revised Code, shall file a properly completed written application
for an examination with the Ohio optical dispensers board or with
the testing service the board has contracted with pursuant to
section 4725.49 of the Revised Code. The application for
examination shall be made on a form provided by the board or
testing service and shall be accompanied by an examination fee the
board shall establish by rule. Applicants must return the
application to the board or testing service at least sixty days
prior to the date the examination is scheduled to be administered.
(B) Except as provided in section 4725.47 of the Revised
Code, any person who desires to engage in optical dispensing shall
file a properly completed written application for a license with
the board with a licensure application fee of fifty dollars.
No person shall be eligible to apply for a license under this
division, unless the person is at least eighteen years of age, is
of good moral character, is free of contagious or infectious
disease, has received a passing score, as determined by the board,
on the examination administered under division (A) of this
section, is a graduate of an accredited high school of any state,
or has received an equivalent education and has successfully
completed either of the following:
(1) Two years of supervised experience under a licensed
dispensing optician, optometrist, or physician engaged in the
practice of ophthalmology, up to one year of which may be
continuous experience of not less than thirty hours a week in an
optical laboratory;
(2) A two-year college level program in optical dispensing
that has been approved by the board and that includes, but is not
limited to, courses of study in mathematics, science, English,
anatomy and physiology of the eye, applied optics, ophthalmic
optics, measurement and inspection of lenses, lens grinding and
edging, ophthalmic lens design, keratometry, and the fitting and
adjusting of spectacle lenses and frames and contact lenses,
including methods of fitting contact lenses and post-fitting care.
(C) Any person who desires to obtain a license to practice as
an ocularist shall file a properly completed written application
with the board accompanied by the appropriate fee and proof that
the applicant has met the requirements for licensure. The board
shall establish, by rule, the application fee and the minimum
requirements for licensure, including education, examination, or
experience standards recognized by the board as national standards
for ocularists. The board shall issue a license to practice as an
ocularist to an applicant who satisfies the requirements of this
division and rules adopted pursuant to this division.
(D)(1) Subject to divisions (D)(2), (3), and (4) of this
section, the board shall not adopt, maintain, renew, or enforce
any rule that precludes an individual from receiving or renewing a
license as a dispensing optician issued under sections 4725.40 to
4725.59 of the Revised Code due to any past criminal activity or
interpretation of moral character, unless the individual has
committed a crime of moral turpitude or a disqualifying offense as
those terms are defined in section 4776.10 of the Revised Code. If
the board denies an individual a license or license renewal, the
reasons for such denial shall be put in writing.
(2) Except as otherwise provided in this division, if an
individual applying for a license has been convicted of or pleaded
guilty to a misdemeanor that is not a crime of moral turpitude or
a disqualifying offense less than one year prior to making the
application, the board may use its discretion in granting or
denying the individual a license. Except as otherwise provided in
this division, if an individual applying for a license has been
convicted of or pleaded guilty to a felony that is not a crime of
moral turpitude or a disqualifying offense less than three years
prior to making the application, the board may use its discretion
in granting or denying the individual a license. The provisions in
this paragraph do not apply with respect to any offense unless the
board, prior to the effective date of this amendment, was required
or authorized to deny the application based on that offense.
In all other circumstances, the board shall follow the
procedures it adopts by rule that conform to division (D)(1) of
this section.
(3) In considering a renewal of an individual's license, the
board shall not consider any conviction or plea of guilty prior to
the initial licensing. However, the board may consider a
conviction or plea of guilty if it occurred after the individual
was initially licensed, or after the most recent license renewal.
(4) The board may grant an individual a conditional license
that lasts for one year. After the one-year period has expired,
the license is no longer considered conditional, and the
individual shall be considered fully licensed.
Sec. 4725.52. Any licensed dispensing optician may supervise
a maximum of three apprentices who shall be permitted to engage in
optical dispensing only under the supervision of the licensed
dispensing optician.
To serve as an apprentice, a person shall register with the
Ohio optical dispensers board either on a form provided by the
board or in the form of a statement giving the name and address of
the supervising licensed dispensing optician, the location at
which the apprentice will be employed, and any other information
required by the board. For the duration of the apprenticeship, the
apprentice shall register annually on the form provided by the
board or in the form of a statement.
Each apprentice shall pay an initial registration fee of
twenty dollars. For each registration renewal thereafter, each
apprentice shall pay a registration renewal fee of twenty dollars.
The board shall not deny registration as an apprentice under
this section to any individual based on the individual's past
criminal history or an interpretation of moral character unless
the individual has committed a disqualifying offense or crime of
moral turpitude as those terms are defined in section 4776.10 of
the Revised Code. Except as otherwise provided in this division,
if an individual applying for a registration has been convicted of
or pleaded guilty to a misdemeanor that is not a crime of moral
turpitude or a disqualifying offense less than one year prior to
making the application, the board may use its discretion in
granting or denying the individual a registration. Except as
otherwise provided in this division, if an individual applying for
a registration has been convicted of or pleaded guilty to a felony
that is not a crime of moral turpitude or a disqualifying offense
less than three years prior to making the application, the board
may use its discretion in granting or denying the individual a
registration. The provisions in this paragraph do not apply with
respect to any offense unless the board, prior to the effective
date of this amendment, was required or authorized to deny the
registration based on that offense.
In all other circumstances, the board shall follow the
procedures it adopts by rule that conform to this section. In
considering a renewal of an individual's registration, the board
shall not consider any conviction or plea of guilty prior to the
initial registration. However, the board may consider a conviction
or plea of guilty if it occurred after the individual was
initially registered, or after the most recent registration
renewal. If the board denies an individual for a registration or
registration renewal, the reasons for such denial shall be put in
writing. Additionally, the board may grant an individual a
conditional registration that lasts for one year. After the
one-year period has expired, the registration is no longer
considered conditional, and the individual shall be considered
fully registered.
A person who is gaining experience under the supervision of a
licensed optometrist or ophthalmologist that would qualify the
person under division (B)(1) of section 4725.48 of the Revised
Code to take the examination for optical dispensing is not
required to register with the board.
Sec. 4725.53. (A) The Ohio optical dispensers board, by a
majority vote of its members, may refuse to grant a license and,
in accordance with Chapter 119. of the Revised Code, may suspend
or revoke the license of a licensed dispensing optician or impose
a fine or order restitution pursuant to division (B) of this
section on any of the following grounds:
(1) Conviction of a felony or a crime involving moral
turpitude or a disqualifying offense as those terms are defined in
section 4776.10 of the Revised Code;
(2) Obtaining or attempting to obtain a license by fraud or
deception;
(3) Obtaining any fee or making any sale of an optical aid by
means of fraud or misrepresentation;
(4) Habitual indulgence in the use of controlled substances
or other habit-forming drugs, or in the use of alcoholic liquors
to an extent that affects professional competency;
(5) Finding by a court of competent jurisdiction that the
applicant or licensee is incompetent by reason of mental illness
and no subsequent finding by the court of competency;
(6) Finding by a court of law that the licensee is guilty of
incompetence or negligence in the dispensing of optical aids;
(7) Knowingly permitting or employing a person whose license
has been suspended or revoked or an unlicensed person to engage in
optical dispensing;
(8) Permitting another person to use his the licensee's
license;
(9) Engaging in optical dispensing not pursuant to the
prescription of a licensed physician or licensed optometrist, but
nothing in this section shall prohibit the duplication or
replacement of previously prepared optical aids, except contact
lenses shall not be duplicated or replaced without a written
prescription;
(10) Violation of sections 4725.40 to 4725.59 of the Revised
Code;
(11) Waiving the payment of all or any part of a deductible
or copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers optical
dispensing services, would otherwise be required to pay if the
waiver is used as an enticement to a patient or group of patients
to receive health care services from that provider.
(12) Advertising that he the licensee will waive the payment
of all or any part of a deductible or copayment that a patient,
pursuant to a health insurance or health care policy, contract, or
plan that covers optical dispensing services, would otherwise be
required to pay.
(B) The board may impose a fine of not more than five hundred
dollars for a first occurrence of an action that is grounds for
discipline under this section and of not less than five hundred
nor more than one thousand dollars for a subsequent occurrence, or
may order the licensee to make restitution to a person who has
suffered a financial loss as a result of the licensee's failure to
comply with sections 4725.40 to 4725.59 of the Revised Code.
(C) Notwithstanding divisions (A)(11) and (12) of this
section, sanctions shall not be imposed against any licensee who
waives deductibles and copayments:
(1) In compliance with the health benefit plan that expressly
allows such a practice. Waiver of the deductibles or copays shall
be made only with the full knowlege knowledge and consent of the
plan purchaser, payer, and third-party administrator. Such consent
shall be made available to the board upon request.
(2) For professional services rendered to any other person
licensed pursuant to this chapter to the extent allowed by this
chapter and the rules of the board.
Sec. 4738.04. Each person applying for a motor vehicle
salvage dealer license or a salvage motor vehicle auction license
or a salvage motor vehicle pool license shall make out and deliver
to the registrar of motor vehicles, upon a blank to be furnished
by the registrar for that purpose, a separate application for
license for each county in which the business is to be conducted.
The application for each type of license shall be in the form
prescribed by the registrar and shall be signed and sworn to by
the applicant. The application for a license for a motor vehicle
salvage dealer, a salvage motor vehicle auction, or salvage motor
vehicle pool, in addition to other information as is required by
the registrar, shall include the following:
(A) Name of applicant and location of principal place of
business;
(B) Name or style under which business is to be conducted
and, if a corporation, the state of incorporation;
(C) Name and address of each owner or partner and, if a
corporation, the names of the officers and directors;
(D) The county in which the business is to be conducted and
the address of each place of business therein;
(E) A financial statement of the applicant showing the true
financial condition as of a date not earlier than six months prior
to the date of the application;
(F) A statement of the previous history, record, and
association of the applicant and of each owner, partner, officer,
and director, which statement shall be sufficient to establish to
the satisfaction of the registrar the reputation in business of
the applicant;
(G) A statement showing whether the applicant has previously
been convicted of a felony crime of moral turpitude or a
disqualifying offense as those terms are defined in section
4776.10 of the Revised Code;
(H) A statement showing whether the applicant has previously
applied for a license under this chapter and the result of the
application, and whether the applicant has ever been the holder of
any such license which was revoked or suspended;
(I) If the applicant is a corporation or partnership, a
statement showing whether any of the partners, officers, or
directors have been refused a license under this chapter, or have
been the holder of any such license which was revoked or
suspended.
Sec. 4738.07. The (A) Except as otherwise provided in
division (B) of this section, the registrar of motor vehicles
shall deny the application of any person for a license under this
chapter and refuse to issue him the person a license if the
registrar finds that the applicant:
(A)(1) Has made false statement of a material fact in his the
individual's application;
(B)(2) Has not complied with sections 4738.01 to 4738.15 of
the Revised Code:
(C)(3) Is of bad business repute or has habitually defaulted
on financial obligations;
(D)(4) Has been convicted of or pleaded guilty to a felony
crime of moral turpitude or a disqualifying offense as defined in
section 4776.10 of the Revised Code;
(E)(5) Has been guilty of a fraudulent act in connection with
dealing in salvage motor vehicles or when operating as a motor
vehicle salvage dealer, salvage motor vehicle auction, or salvage
motor vehicle pool;
(G)(7) Is of insufficient responsibility to assure the prompt
payment of any final judgments which might reasonably be entered
against him the individual because of the transaction of his the
individual's business during the period of the license applied
for;
(H)(8) Has no established place of business;
(I)(9) Has less than twelve months prior to said application,
been denied a license under this chapter.
(B)(1) Except as otherwise provided in this division, the
registrar of motor vehicles may grant, but is not required to
grant, the application of any person for a license under this
chapter if the registrar finds that the applicant has been
convicted of or pleaded guilty to either of the following:
(a) A misdemeanor that is not a crime of moral turpitude or a
disqualifying offense less than a year prior to the person's
initial application;
(b) A felony that is not a crime of moral turpitude or a
disqualifying offense less than three years prior to the person's
application.
(2) The provisions in division (B)(1) of this section do not
apply with respect to any offense unless the registrar, prior to
the effective date of this amendment, was required or authorized
to deny the registration based on that offense.
(3) In considering a renewal of an individual's license, the
registrar shall not consider any conviction or plea of guilty
prior to the initial licensing. However, the registrar may
consider a conviction or plea of guilty if it occurred after the
individual was initially licensed, or after the most recent
license renewal.
(C) The registrar may grant a person a conditional license
that lasts for one year. After the one-year period has expired,
the license is no longer considered conditional, and the person
shall be considered fully licensed.
(D) If the applicant is a corporation or partnership, the
registrar may refuse to issue a license if any officer, director,
or partner of the applicant has been guilty of any act or omission
which would be cause for refusing or revoking a license issued to
the officer, director, or partner as an individual. The
registrar's finding may be based upon facts contained in the
application or upon any other information which he may have.
Immediately upon denying an application for any of the reasons in
this section, the registrar shall enter a final order together
with his the registrar's findings and certify the same to the
motor vehicle salvage dealer's licensing board.
(E) If the registrar refuses an application for a license,
the reasons for such refusal shall be put in writing. An applicant
who has been refused a license may appeal from the action of the
registrar to the motor vehicle salvage dealer's licensing board in
the manner prescribed in section 4738.12 of the Revised Code.
(F) The registrar of motor vehicles shall not adopt,
maintain, renew, or enforce any rule, or otherwise preclude in any
way, an individual from receiving or renewing a license under this
chapter due to any past criminal activity or interpretation of
moral character, except as pursuant to division (A)(4), (5), and
(B) of this section. If the registrar denies an individual a
license or license renewal, the reasons for such denial shall be
put in writing.
Sec. 4740.05. (A) Each section of the Ohio construction
industry licensing board, other than the administrative section,
shall do all of the following:
(1) Adopt rules in accordance with Chapter 119. of the
Revised Code that are limited to the following:
(a) Criteria for the section to use in evaluating the
qualifications of an individual;
(b) Criteria for the section to use in deciding whether to
authorize the administrative section to issue, renew, suspend,
revoke, or refuse to issue or renew a license;
(c) The determinations and approvals the section makes under
the reciprocity provision of section 4740.08 of the Revised Code;
(d) Criteria for continuing education courses conducted
pursuant to this chapter;
(e) A requirement that persons seeking approval to provide
continuing education courses submit the required information to
the appropriate section of the board at least thirty days, but not
more than one year, prior to the date on which the course is
proposed to be offered;
(f) A prohibition against any person providing a continuing
education course unless the administrative section of the board
approved that person not more than one year prior to the date the
course is offered;
(g) A list of disqualifying offenses pursuant to sections
4740.06, 4740.10, and 4776.10 of the Revised Code.
(2) Investigate allegations in reference to violations of
this chapter and the rules adopted pursuant to it that pertain to
the section and determine by rule a procedure to conduct
investigations and hearings on these allegations;
(3) Maintain a record of its proceedings;
(4) Grant approval to a person to offer continuing education
courses pursuant to rules the board adopts;
(5) As required, do all things necessary to carry out this
chapter.
(B) In accordance with rules they establish, the trade
sections of the board shall authorize the administrative section
to issue, renew, suspend, revoke, or refuse to issue or renew
licenses for the classes of contractors for which each has primary
responsibility as set forth in section 4740.02 of the Revised
Code.
(C) Each trade section of the board shall establish or
approve a continuing education curriculum for license renewal for
each class of contractors for which the section has primary
responsibility. No curriculum may require more than five hours per
year in specific course requirements. No contractor may be
required to take more than ten hours per year in continuing
education courses. The ten hours shall be the aggregate of hours
of continuing education for all licenses the contractor holds.
Sec. 4740.06. (A) Any individual who applies for a license
shall file a written application with the appropriate section of
the Ohio construction industry licensing board, accompanied with
the application fee as determined pursuant to section 4740.09 of
the Revised Code. The individual shall file the application not
more than sixty days nor less than thirty days prior to the date
of the examination. The application shall be on the form the
section prescribes and verified by the applicant's oath. The
applicant shall provide information satisfactory to the section
showing that the applicant meets the requirements of division (B)
of this section.
(B) To qualify to take an examination, an individual shall:
(1) Be at least eighteen years of age;
(2) Be a United States citizen or legal alien who produces
valid documentation to demonstrate the individual is a legal
resident of the United States;
(3) Either have been a tradesperson in the type of licensed
trade for which the application is filed for not less than five
years immediately prior to the date the application is filed, be a
currently registered engineer in this state with three years of
business experience in the construction industry in the trade for
which the engineer is applying to take an examination, or have
other experience acceptable to the appropriate section of the
board;
(4) Maintain contractor's liability insurance, including
without limitation, complete operations coverage, in an amount the
appropriate section of the board determines;
(5) Not have done any of the following:
(a) Been convicted of or pleaded guilty to a misdemeanor
involving crime of moral turpitude or of any felony a
disqualifying offense as those terms are defined in section
4776.10 of the Revised Code;
(b) Violated this chapter or any rule adopted pursuant to it;
(c) Obtained or renewed a license issued pursuant to this
chapter, or any order, ruling, or authorization of the board or a
section of the board by fraud, misrepresentation, or deception;
(d) Engaged in fraud, misrepresentation, or deception in the
conduct of business.
(C) When an applicant for licensure as a contractor in a
licensed trade meets the qualifications set forth in division (B)
of this section and passes the required examination, the
appropriate section of the board, within ninety days after the
application was filed, shall authorize the administrative section
of the board to license the applicant for the type of contractor's
license for which the applicant qualifies. A section of the board
may withdraw its authorization to the administrative section for
issuance of a license for good cause shown, on the condition that
notice of that withdrawal is given prior to the administrative
section's issuance of the license.
(D) All licenses a contractor holds pursuant to this chapter
shall expire annually on the same date, which shall be the
expiration date of the original license the contractor holds. An
individual holding a valid, unexpired license may renew the
license, without reexamination, by submitting an application to
the appropriate section of the board not more than ninety calendar
days before the expiration of the license, along with the renewal
fee the section requires and proof of compliance with the
applicable continuing education requirements. The applicant shall
provide information in the renewal application satisfactory to
demonstrate to the appropriate section that the applicant
continues to meet the requirements of division (B) of this
section.
Upon application and within one calendar year after a license
has expired, a section may waive any of the requirements for
renewal of a license upon finding that an applicant substantially
meets the renewal requirements or that failure to timely apply for
renewal is due to excusable neglect. A section that waives
requirements for renewal of a license may impose conditions upon
the licensee and assess a late filing fee of not more than double
the usual renewal fee. An applicant shall satisfy any condition
the section imposes before a license is reissued.
(E) An individual holding a valid license may request the
section of the board that authorized that license to place the
license in inactive status under conditions, and for a period of
time, as that section determines.
(F) Except for the ninety-day extension provided for a
license assigned to a business entity under division (D) of
section 4740.07 of the Revised Code, a license held by an
individual immediately terminates upon the death of the
individual.
(G) Nothing in any license issued by the Ohio construction
industry licensing board shall be construed to limit or eliminate
any requirement of or any license issued by the Ohio fire marshal.
(H)(1) Subject to divisions (H)(2), (3), and (4) of this
section, no trade section of the board shall adopt, maintain,
renew, or enforce any rule, or otherwise preclude in any way, an
individual from receiving or renewing a license under this chapter
due to any past criminal activity or interpretation of moral
character, except as pursuant to division (B)(5)(a) of this
section. If the section denies an individual a license or license
renewal, the reasons for such denial shall be put in writing.
(2) Except as otherwise provided in this division, if an
individual applying for a license has been convicted of or pleaded
guilty to a misdemeanor that is not a crime of moral turpitude or
a disqualifying offense less than one year prior to making the
application, the section may use its discretion in granting or
denying the individual a license. Except as otherwise provided in
this division, if an individual applying for a license has been
convicted of or pleaded guilty to a felony that is not a crime of
moral turpitude or a disqualifying offense less than three years
prior to making the application, the section may use its
discretion in granting or denying the individual a license. The
provisions in this paragraph do not apply with respect to any
offense unless the section, prior to the effective date of this
amendment, was required or authorized to deny the application
based on that offense.
In all other circumstances, the section shall follow the
procedures it adopts by rule that conform to division (H)(1) of
this section.
(3) In considering a renewal of an individual's license, the
section shall not consider any conviction or plea of guilty prior
to the initial licensing. However, the board may consider a
conviction or plea of guilty if it occurred after the individual
was initially licensed, or after the most recent license renewal.
(4) The section may grant an individual a conditional license
that lasts for one year. After the one-year period has expired,
the license is no longer considered conditional, and the
individual shall be considered fully licensed.
Sec. 4740.10. (A) The appropriate section of the Ohio
construction industry licensing board, upon an affirmative vote of
four of its members, may take any of the following actions against
a licensee who violates Chapter 4740. of the Revised Code:
(1) Impose a fine on the licensee, not exceeding one thousand
dollars per violation per day;
(2) Direct the administrative section to suspend the
licensee's license for a period of time the section establishes;
(3) Direct the administrative section to revoke the
licensee's license;
(4) Require the licensee to complete additional continuing
education course work. Any continuing education course work
completed pursuant to this division may not count toward any other
continuing education requirements this chapter establishes.
(5) Direct the administrative section to refuse to issue or
renew a license if the section finds that the applicant or
licensee has done any of the following:
(a) Been convicted of a misdemeanor involving crime of moral
turpitude or a felony disqualifying offense as those terms are
defined in section 4776.10 of the Revised Code;
(b) Violated any provision of this chapter or the rules
adopted pursuant thereto;
(c) Obtained a license or any order, ruling, or authorization
of the board by fraud, misrepresentation, or deception;
(d) Engaged in fraud, misrepresentation, or deception in the
conduct of business.
(B) The appropriate section of the board shall determine the
length of time that a license is to be suspended and whether or
when an individual whose license has been revoked may apply for
reinstatement. The appropriate section of the board may accept or
refuse an application for reinstatement and may require an
examination for reinstatement.
(C) The appropriate section of the board may investigate any
alleged violation of this chapter or the rules adopted pursuant to
it. If, after an investigation, a section determines that any
person has engaged or is engaging in any practice that violates
this chapter or the rules adopted pursuant to it, that section may
apply to the court of common pleas of the county in which the
violation occurred or is occurring for an injunction or other
appropriate relief to enjoin or terminate the violation.
(D) Any person who wishes to make a complaint against a
person who holds a license shall submit the complaint in writing
to the appropriate section of the board within three years after
the date of the action or event upon which the complaint is based.
Sec. 4747.04. The hearing aid dealers and fitters licensing
board shall meet annually to elect a chairman
chairperson and a
vice-chairman vice-chairperson, who shall act as chairman
chairperson in the absence of the
chairman chairperson. A majority
of the board constitutes a quorum. The board shall meet when
called by the chairman
chairperson. The board shall:
(A) Adopt rules for the transaction of its business;
(B) Design and prepare qualifying examinations for licensing
of hearing aid dealers, fitters, and trainees;
(C) Determine whether persons holding similar valid licenses
from other states or jurisdictions shall be required to take and
successfully pass the appropriate qualifying examination as a
condition for licensing in this state;
(D) Determine whether charges made against any licensee
warrant a hearing before the board;
(E) Hold hearings to determine the truth and circumstances of
all charges filed in writing with the board against any licensee
and determine whether any license held by any person shall be
revoked, suspended, or reissued;
(F) Determine and specify the length of time each license
that is suspended or revoked shall remain suspended or revoked;
(G) Advise and assist the department of health in all matters
relating to this chapter;
(H) Deposit all payments collected under this chapter into
the general operations fund created under section 3701.83 of the
Revised Code to be used in administering and enforcing this
chapter;
(I) Establish a list of disqualifying offenses for licensure
as a hearing aid dealer or fitter, or for a hearing aid dealer or
fitter trainee permit, pursuant to sections 4747.05, 4747.10,
4747.12, and 4776.10 of the Revised Code.
Nothing in this section shall be interpreted as granting to
the hearing aid dealers and fitters licensing board the right to
restrict advertising which is not false or misleading, or to
prohibit or in any way restrict a hearing aid dealer or fitter
from renting or leasing space from any person, firm or corporation
in a mercantile establishment for the purpose of using such space
for the lawful sale of hearing aids or to prohibit a mercantile
establishment from selling hearing aids if the sale would be
otherwise lawful under this chapter.
Sec. 4747.05. (A) The hearing aid dealers and fitters
licensing board shall issue to each applicant, within sixty days
of receipt of a properly completed application and payment of two
hundred sixty-two dollars, a hearing aid dealer's or fitter's
license if the applicant, if an individual:
(1) Is at least eighteen years of age;
(2) Is a person of good moral character Has not committed a
disqualifying offense or a crime of moral turpitude, as those
terms are defined in section 4776.10 of the Revised Code;
(3) Is free of contagious or infectious disease;
(4) Has successfully passed a qualifying examination
specified and administered by the board.
(B) If the applicant is a firm, partnership, association, or
corporation, the application, in addition to such information as
the board requires, shall be accompanied by an application for a
license for each person, whether owner or employee, of the firm,
partnership, association, or corporation, who engages in dealing
in or fitting of hearing aids, or shall contain a statement that
such applications are submitted separately. No firm, partnership,
association, or corporation licensed pursuant to this chapter
shall permit any unlicensed person to sell or fit hearing aids.
(C)(1) Subject to divisions (C)(2), (3), and (4) of this
section, the board shall not adopt, maintain, renew, or enforce
any rule that precludes an individual from receiving or renewing a
license issued under this chapter due to any past criminal
activity or interpretation of moral character, unless the
individual has committed a crime of moral turpitude or a
disqualifying offense as those terms are defined in section
4776.10 of the Revised Code. If the board denies an individual a
license or license renewal, the reasons for such denial shall be
put in writing.
(2) Except as otherwise provided in this division, if an
individual applying for a license has been convicted of or pleaded
guilty to a misdemeanor that is not a crime of moral turpitude or
a disqualifying offense less than one year prior to making the
application, the board may use the board's discretion in granting
or denying the individual a license. Except as otherwise provided
in this division, if an individual applying for a license has been
convicted of or pleaded guilty to a felony that is not a crime of
moral turpitude or a disqualifying offense less than three years
prior to making the application, the board may use the board's
discretion in granting or denying the individual a license. The
provisions in this paragraph do not apply with respect to any
offense unless the board, prior to the effective date of this
amendment, was required or authorized to deny the application
based on that offense.
In all other circumstances, the board shall follow the
procedures it adopts by rule that conform to division (C)(1) of
this section.
(3) In considering a renewal of an individual's license, the
board shall not consider any conviction or plea of guilty prior to
the initial licensing. However, the board may consider a
conviction or plea of guilty if it occurred after the individual
was initially licensed, or after the most recent license renewal.
(4) The board may grant an individual a conditional license
that lasts for one year. After the one-year period has expired,
the license is no longer considered conditional, and the
individual shall be considered fully licensed.
(D) Each license issued expires on the thirtieth day of
January of the year following that in which it was issued.
Sec. 4747.10. Each person currently engaged in training to
become a licensed hearing aid dealer or fitter shall apply to the
hearing aid dealers and fitters licensing board for a hearing aid
dealer's and fitter's trainee permit. The board shall issue to
each applicant within thirty days of receipt of a properly
completed application and payment of one hundred fifty dollars, a
trainee permit if such applicant is meets all of the following
criteria:
(A) At Is at least eighteen years of age;
(B) The Is the holder of a diploma from an accredited high
school, or possesses an equivalent education;
(C) A person of good moral character Has not committed a
disqualifying offense or a crime of moral turpitude, as those
terms are defined in section 4776.10 of the Revised Code;
(D) Free Is free of contagious or infectious disease.
Subject to the next paragraph, the board shall not deny a
trainee permit issued under this section to any individual based
on the individual's past criminal history or an interpretation of
moral character unless the individual has committed a
disqualifying offense or crime of moral turpitude as those terms
are defined in section 4776.10 of the Revised Code. Except as
otherwise provided in this paragraph, if an individual applying
for a trainee permit has been convicted of or pleaded guilty to a
misdemeanor that is not a crime of moral turpitude or a
disqualifying offense less than one year prior to making the
application, the board may use the board's discretion in granting
or denying the individual a trainee permit. Except as otherwise
provided in this paragraph, if an individual applying for a
trainee permit has been convicted of or pleaded guilty to a felony
that is not a crime of moral turpitude or a disqualifying offense
less than three years prior to making the application, the board
may use the board's discretion in granting or denying the
individual a trainee permit. The provisions in this paragraph do
not apply with respect to any offense unless the board, prior to
the effective date of this amendment, was required or authorized
to deny the application based on that offense.
In all other circumstances not described in the preceding
paragraph, the board shall follow the procedures it adopts by rule
that conform to this section.
In considering a renewal of an individual's trainee permit,
the board shall not consider any conviction or plea of guilty
prior to the issuance of the initial trainee permit. However, the
board may consider a conviction or plea of guilty if it occurred
after the individual was initially granted the trainee permit, or
after the most recent trainee permit renewal. If the board denies
an individual for a trainee permit or renewal, the reasons for
such denial shall be put in writing. Additionally, the board may
grant an individual a conditional trainee permit that lasts for
one year. After the one-year period has expired, the permit is no
longer considered conditional, and the individual shall be
considered to be granted a full trainee permit.
Each trainee permit issued by the board expires one year from
the date it was first issued, and may be renewed once if the
trainee has not successfully completed the qualifying requirements
for licensing as a hearing aid dealer or fitter before the
expiration date of such permit. The board shall issue a renewed
permit to each applicant upon receipt of a properly completed
application and payment of one hundred five dollars. No person
holding a trainee permit shall engage in the practice of dealing
in or fitting of hearing aids except while under supervision by a
licensed hearing aid dealer or fitter.
Sec. 4747.12. The hearing aid dealers and fitters licensing
board may revoke or suspend a license or permit if the person who
holds such license or permit:
(A) Is convicted of a felony disqualifying offense or a
misdemeanor involving crime of moral turpitude as those terms are
defined in section 4776.10 of the Revised Code. The record of
conviction, or a copy thereof certified by the clerk of the court
or by the judge in whose court the conviction occurs, is
conclusive evidence of such conviction;
(B) Procured a license or permit by fraud or deceit practiced
upon the board;
(C) Obtained any fee or made any sale of a hearing aid by
fraud or misrepresentation;
(D) Knowingly employed any person without a license or a
person whose license was suspended or revoked to engage in the
fitting or sale of hearing aids;
(E) Used or caused or promoted the use of any advertising
matter, promotional literature, testimonial, guarantee, warranty,
label, brand, insignia, or any other representation, however
disseminated or published, which is misleading, deceptive, or
untruthful;
(F) Advertised a particular model or type of hearing aid for
sale when purchasers or prospective purchasers responding to the
advertisement cannot purchase the specified model or type of
hearing aid;
(G) Represented or advertised that the service or advice of a
person licensed to practice medicine will be used or made
available in the selection, fitting, adjustment, maintenance, or
repair of hearing aids when such is not true, or using the words
"doctor," "clinic," or similar words, abbreviations, or symbols
which connote the medical profession when such use is not
accurate;
(H) Is found by the board to be a person of habitual
intemperance or gross immorality;
(I) Advertised a manufacturer's product or used a
manufacturer's name or trademark in a manner which suggested the
existence of a relationship with the manufacturer which did not or
does not exist;
(J) Fitted or sold, or attempted to fit or sell, a hearing
aid to a person without first utilizing the appropriate procedures
and instruments required for proper fitting of hearing aids;
(K) Engaged in the fitting and sale of hearing aids under a
false name or an alias;
(L) Engaged in the practice of dealing in or fitting of
hearing aids while suffering from a contagious or infectious
disease;
(M) Was found by the board to be guilty of gross incompetence
or negligence in the fitting or sale of hearing aids;
(N) Permitted another person to use his the licensee's
license.
Sec. 4749.03. (A)(1) Any individual, including a partner in
a partnership, may be licensed as a private investigator under a
class B license, or as a security guard provider under a class C
license, or as a private investigator and a security guard
provider under a class A license, if the individual meets all of
the following requirements:
(a) Has a good reputation for integrity, has not been
convicted of a felony disqualifying offense as defined in section
4776.10 of the Revised Code within the last twenty three years or
any offense involving crime of moral turpitude as that term is
defined in section 4776.10 of the Revised Code, and has not been
adjudicated incompetent for the purpose of holding the license, as
provided in section 5122.301 of the Revised Code, without having
been restored to legal capacity for that purpose.
(b) Depending upon the class of license for which application
is made, for a continuous period of at least two years immediately
preceding application for a license, has been engaged in
investigatory or security services work for a law enforcement or
other public agency engaged in investigatory activities, or for a
private investigator or security guard provider, or engaged in the
practice of law, or has acquired equivalent experience as
determined by rule of the director of public safety.
(c) Demonstrates competency as a private investigator or
security guard provider by passing an examination devised for this
purpose by the director, except that any individually licensed
person who qualifies a corporation for licensure shall not be
required to be reexamined if the person qualifies the corporation
in the same capacity that the person was individually licensed.
(d) Submits evidence of comprehensive general liability
insurance coverage, or other equivalent guarantee approved by the
director in such form and in principal amounts satisfactory to the
director, but not less than one hundred thousand dollars for each
person and three hundred thousand dollars for each occurrence for
bodily injury liability, and one hundred thousand dollars for
property damage liability.
(e) Pays the requisite examination and license fees.
(2) A corporation may be licensed as a private investigator
under a class B license, or as a security guard provider under a
class C license, or as a private investigator and a security guard
provider under a class A license, if an application for licensure
is filed by an officer of the corporation and the officer, another
officer, or the qualifying agent of the corporation satisfies the
requirements of divisions (A)(1) and (F)(1) of this section.
Officers and the statutory agent of a corporation shall be
determined in accordance with Chapter 1701. of the Revised Code.
(3) At least one partner in a partnership shall be licensed
as a private investigator, or as a security guard provider, or as
a private investigator and a security guard provider. Partners in
a partnership shall be determined as provided for in Chapter 1775.
or 1776. of the Revised Code.
(B) An application for a class A, B, or C license shall be
completed in the form the director prescribes. In the case of an
individual, the application shall state the applicant's name,
birth date, citizenship, physical description, current residence,
residences for the preceding ten years, current employment,
employment for the preceding seven years, experience
qualifications, the location of each of the applicant's offices in
this state, and any other information that is necessary in order
for the director to comply with the requirements of this chapter.
In the case of a corporation, the application shall state the name
of the officer or qualifying agent filing the application; the
state in which the corporation is incorporated and the date of
incorporation; the states in which the corporation is authorized
to transact business; the name of its qualifying agent; the name
of the officer or qualifying agent of the corporation who
satisfies the requirements of divisions (A)(1) and (F)(1) of this
section and the birth date, citizenship, physical description,
current residence, residences for the preceding ten years, current
employment, employment for the preceding seven years, and
experience qualifications of that officer or qualifying agent; and
other information that the director requires. A corporation may
specify in its application information relative to one or more
individuals who satisfy the requirements of divisions (A)(1) and
(F)(1) of this section.
The application described in this division shall be
accompanied by all of the following:
(1) One recent full-face photograph of the applicant or, in
the case of a corporation, of each officer or qualifying agent
specified in the application as satisfying the requirements of
divisions (A)(1) and (F)(1) of this section;
(2) Character references from at least five reputable
citizens for the applicant or, in the case of a corporation, for
each officer or qualifying agent specified in the application as
satisfying the requirements of divisions (A)(1) and (F)(1) of this
section, each of whom has known the applicant, officer, or
qualifying agent for at least five years preceding the
application, and none of whom are connected with the applicant,
officer, or qualifying agent by blood or marriage;
(3) An examination fee of twenty-five dollars for the
applicant or, in the case of a corporation, for each officer or
qualifying agent specified in the application as satisfying the
requirements of divisions (A)(1) and (F)(1) of this section, and a
license fee in the amount the director determines, not to exceed
three hundred seventy-five dollars. The license fee shall be
refunded if a license is not issued.
(C)(1) Each individual applying for a license and each
individual specified by a corporation as an officer or qualifying
agent in an application shall submit one complete set of
fingerprints directly to the superintendent of the bureau of
criminal identification and investigation for the purpose of
conducting a criminal records check. The individual shall provide
the fingerprints using a method the superintendent prescribes
pursuant to division (C)(2) of section 109.572 of the Revised Code
and fill out the form the superintendent prescribes pursuant to
division (C)(1) of section 109.572 of the Revised Code. An
applicant who intends to carry a firearm as defined in section
2923.11 of the Revised Code in the course of business or
employment shall so notify the superintendent. This notification
is in addition to any other requirement related to carrying a
firearm that applies to the applicant. The individual or
corporation requesting the criminal records check shall pay the
fee the superintendent prescribes.
(2) The superintendent shall conduct the criminal records
check as set forth in division (B) of section 109.572 of the
Revised Code. If an applicant intends to carry a firearm in the
course of business or employment, the superintendent shall make a
request to the federal bureau of investigation for any information
and review the information the bureau provides pursuant to
division (B)(2) of section 109.572 of the Revised Code. The
superintendent shall submit all results of the completed
investigation to the director of public safety.
(3) If the director determines that the applicant, officer,
or qualifying agent meets the requirements of divisions (A)(1)(a),
(b), and (d) of this section and that an officer or qualifying
agent meets the requirement of division (F)(1) of this section,
the director shall notify the applicant, officer, or agent of the
time and place for the examination. If the director determines
that an applicant does not meet the requirements of divisions
(A)(1)(a), (b), and (d) of this section, the director shall notify
the applicant that the applicant's application is refused and
refund the license fee. If the director determines that none of
the individuals specified in the application of a corporation as
satisfying the requirements of divisions (A)(1) and (F)(1) of this
section meet the requirements of divisions (A)(1)(a), (b), and (d)
and (F)(1) of this section, the director shall notify the
corporation that its application is refused and refund the license
fee. If the bureau assesses the director a fee for any
investigation, the director, in addition to any other fee assessed
pursuant to this chapter, may assess the applicant, officer, or
qualifying agent, as appropriate, a fee that is equal to the fee
assessed by the bureau.
(4)(a) Subject to divisions (C)(4)(b), (c), and (d) of this
section, the director shall not adopt, maintain, renew, or enforce
any rule, or otherwise preclude in any way, an individual from
receiving or renewing a license under this chapter due to any past
criminal activity or interpretation of moral character, except as
pursuant to division (A)(1)(a) of this section. If the director
denies an individual a license or license renewal, the reasons for
such denial shall be put in writing.
(b) Except as otherwise provided in this division, if an
individual applying for a license has been convicted of or pleaded
guilty to a misdemeanor that is not a crime of moral turpitude or
a disqualifying offense less than one year prior to making the
application, the director may use the director's discretion in
granting or denying the individual a license. Except as otherwise
provided in this division, if an individual applying for a license
has been convicted of or pleaded guilty to a felony that is not a
crime of moral turpitude or a disqualifying offense less than
three years prior to making the application, the director may use
the director's discretion in granting or denying the individual a
license. The provisions in this paragraph do not apply with
respect to any offense unless the director, prior to the effective
date of this amendment, was required or authorized to deny the
application based on that offense.
In all other circumstances, the director shall follow the
procedures the director adopts by rule that conform to division
(C)(4)(a) of this section.
(c) In considering a renewal of an individual's license, the
director shall not consider any conviction or plea of guilty prior
to the initial licensing. However, the director may consider a
conviction or plea of guilty if it occurred after the individual
was initially licensed, or after the most recent license renewal.
(d) The director may grant an individual a conditional
license that lasts for one year. After the one-year period has
expired, the license is no longer considered conditional, and the
individual shall be considered fully licensed.
(D) If upon application, investigation, and examination, the
director finds that the applicant or, in the case of a
corporation, any officer or qualifying agent specified in the
application as satisfying the requirements of divisions (A)(1) and
(F)(1) of this section, meets the applicable requirements, the
director shall issue the applicant or the corporation a class A,
B, or C license. The director also shall issue an identification
card to an applicant, but not an officer or qualifying agent of a
corporation, who meets the applicable requirements. The license
and identification card shall state the licensee's name, the
classification of the license, the location of the licensee's
principal place of business in this state, and the expiration date
of the license, and, in the case of a corporation, it also shall
state the name of each officer or qualifying agent who satisfied
the requirements of divisions (A)(1) and (F)(1) of this section.
Licenses expire on the first day of March following the date
of initial issue, and on the first day of March of each year
thereafter. Annual renewals shall be according to the standard
renewal procedures contained in Chapter 4745. of the Revised Code,
upon payment of an annual renewal fee the director determines, not
to exceed two hundred seventy-five dollars. No license shall be
renewed if the licensee or, in the case of a corporation, each
officer or qualifying agent who qualified the corporation for
licensure no longer meets the applicable requirements of this
section. No license shall be renewed unless the licensee provides
evidence of workers' compensation risk coverage and unemployment
compensation insurance coverage, other than for clerical employees
and excepting sole proprietors who are exempted therefrom, as
provided for in Chapters 4123. and 4141. of the Revised Code,
respectively, as well as the licensee's state tax identification
number. No reexamination shall be required for renewal of a
current license.
For purposes of this chapter, a class A, B, or C license
issued to a corporation shall be considered as also having
licensed the individuals who qualified the corporation for
licensure, for as long as they are associated with the
corporation.
For purposes of this division, "sole proprietor" means an
individual licensed under this chapter who does not employ any
other individual.
(E) The director may issue a duplicate copy of a license
issued under this section for the purpose of replacement of a
lost, spoliated, or destroyed license, upon payment of a fee the
director determines, not exceeding twenty-five dollars. Any change
in license classification requires new application and application
fees.
(F)(1) In order to qualify a corporation for a class A, B, or
C license, an officer or qualifying agent may qualify another
corporation for similar licensure, provided that the officer or
qualifying agent is actively engaged in the business of both
corporations.
(2) Each officer or qualifying agent who qualifies a
corporation for class A, B, or C licensure shall surrender any
personal license of a similar nature that the officer or
qualifying agent possesses.
(3) Upon written notification to the director, completion of
an application similar to that for original licensure, surrender
of the corporation's current license, and payment of a
twenty-five-dollar fee, a corporation's class A, B, or C license
may be transferred to another corporation.
(4) Upon written notification to the director, completion of
an application similar to that for an individual seeking class A,
B, or C licensure, payment of a twenty-five-dollar fee, and, if
the individual was the only individual that qualified a
corporation for licensure, surrender of the corporation's license,
any officer or qualifying agent who qualified a corporation for
licensure under this chapter may obtain a similar license in the
individual's own name without reexamination. A request by an
officer or qualifying agent for an individual license shall not
affect a corporation's license unless the individual is the only
individual that qualified the corporation for licensure or all the
other individuals who qualified the corporation for licensure
submit such requests.
(G) If a corporation is for any reason no longer associated
with an individual who qualified it for licensure under this
chapter, an officer of the corporation shall notify the director
of that fact by certified mail, return receipt requested, within
ten days after the association terminates. If the notification is
so given, the individual was the only individual that qualified
the corporation for licensure, and the corporation submits the
name of another officer or qualifying agent to qualify the
corporation for the license within thirty days after the
association terminates, the corporation may continue to operate in
the business of private investigation, the business of security
services, or both businesses in this state under that license for
ninety days after the association terminates. If the officer or
qualifying agent whose name is submitted satisfies the
requirements of divisions (A)(1) and (F)(1) of this section, the
director shall issue a new license to the corporation within that
ninety-day period. The names of more than one individual may be
submitted.
Sec. 4749.04. (A) The director of public safety may revoke,
suspend, or refuse to renew, when a renewal form has been
submitted, the license of any private investigator or security
guard provider, or the registration of any employee of a private
investigator or security guard provider, for any of the following:
(1) Violation of any of the provisions of division (B) or (C)
of section 4749.13 of the Revised Code;
(2) Conviction of a felony or disqualifying offense as
defined in section 4776.10 of the Revised Code if the offense
occurred within the last three years;
(3) Conviction of a crime involving moral turpitude as
defined in section 4776.10 of the Revised Code;
(4) Conviction of an offense that occurred after the
individual was initially licensed, or after the most recent
renewal.
(3)(5) Violation of any rule of the director governing
private investigators, the business of private investigation,
security guard providers, or the business of security services;
(4)(6) Testifying falsely under oath, or suborning perjury,
in any judicial proceeding;
(5)(7) Failure to satisfy the requirements specified in
division (D) of section 4749.03 of the Revised Code.
Any person whose license or registration is revoked,
suspended, or not renewed when a renewal form is submitted may
appeal in accordance with Chapter 119. of the Revised Code.
(B) In lieu of suspending, revoking, or refusing to renew the
class A, B, or C license, or of suspending, revoking, or refusing
to renew the registration of an employee of a class A, B, or C
licensee, the director may impose a civil penalty of not more than
one hundred dollars for each calendar day of a violation of any of
the provisions of this section or of division (B) or (C) of
section 4749.13 of the Revised Code or of a violation of any rule
of the director governing private investigators, the business of
private investigation, security guard providers, or the business
of security services.
Sec. 4749.06. (A) Each class A, B, or C licensee shall
register the licensee's investigator or security guard employees,
with the department of public safety, which shall maintain a
record of each licensee and registered employee and make it
available, upon request, to any law enforcement agency. The class
A, B, or C licensee shall file an application to register a new
employee no sooner than three days nor later than seven calendar
days after the date on which the employee is hired.
(B)(1) Each employee's registration application shall be
accompanied by one recent photograph of the employee, the
employee's physical description, and the registration fee the
director determines, not to exceed forty dollars.
(2) The employee shall submit one complete set of
fingerprints directly to the superintendent of the bureau of
criminal identification and investigation for the purpose of
conducting a criminal records check. The employee shall provide
the fingerprints using a method the superintendent prescribes
pursuant to division (C)(2) of section 109.572 of the Revised Code
and fill out the form the superintendent prescribes pursuant to
division (C)(1) of section 109.572 of the Revised Code. An
employee who intends to carry a firearm as defined in section
2923.11 of the Revised Code in the course of business or
employment shall so notify the superintendent. This notification
is in addition to any other requirement related to carrying a
firearm that applies to the employee. The individual or
corporation requesting the criminal records check shall pay the
fee the superintendent prescribes.
The superintendent shall conduct the criminal records check
as set forth in division (B) of section 109.572 of the Revised
Code. If an employee intends to carry a firearm in the course of
business or employment, pursuant to division (B)(2) of section
109.572 of the Revised Code the superintendent shall make a
request of the federal bureau of investigation for any information
and review the information the bureau provides. The superintendent
shall submit all results of the completed investigation to the
director of public safety.
(3) If, after investigation, the bureau finds that the
employee has not been convicted of a felony disqualifying offense
as defined in section 4776.10 of the Revised Code within the last
twenty three years, the director shall issue to the employee an
identification card bearing the license number and signature of
the licensee, which in the case of a corporation shall be the
signature of its president or its qualifying agent, and containing
the employee's name, address, age, physical description, and right
thumb print or other identifying mark as the director prescribes,
a recent photograph of the employee, and the employee's signature.
The director may issue a duplicate of a lost, spoliated, or
destroyed identification card issued under this section, upon
payment of a fee fixed by the director, not exceeding five
dollars.
(C) Except as provided in division (E) of this section, no
class A, B, or C licensee shall permit an employee, other than an
individual who qualified a corporation for licensure, to engage in
the business of private investigation, the business of security
services, or both businesses until the employee receives an
identification card from the department, except that pending the
issuance of an identification card, a class A, B, or C licensee
may offer for hire security guard or investigator employees
provided the licensee obtains a waiver from the person who
receives, for hire, security guard or investigative services,
acknowledging that the person is aware the employees have not
completed their registration and agreeing to their employment.
(D) If a class A, B, or C licensee, or a registered employee
of a class A, B, or C licensee, intends to carry a firearm, as
defined in section 2923.11 of the Revised Code, in the course of
engaging in the business or employment, the licensee or registered
employee shall satisfactorily complete a firearms basic training
program that includes twenty hours of handgun training and five
hours of training in the use of other firearms, if any other
firearm is to be used, or equivalency training, if authorized, or
shall be a former peace officer who previously had successfully
completed a firearms training course, shall receive a certificate
of satisfactory completion of that program or written evidence of
approval of the equivalency training, shall file an application
for registration, shall receive a firearm-bearer notation on the
licensee's or registered employee's identification card, and shall
annually requalify on a firearms range, all as described in
division (A) of section 4749.10 of the Revised Code. A private
investigator, security guard provider, or employee is authorized
to carry a firearm only in accordance with that division.
(E) This section does not apply to commissioned peace
officers, as defined in division (B) of section 2935.01 of the
Revised Code, working for, either as an employee or independent
contractor, a class A, B, or C licensee. For purposes of this
chapter, a commissioned peace officer is an employee exempt from
registration.
(F) The registration of an investigator or security guard
employee expires annually on the anniversary date of its initial
issuance. Annual renewals shall be made pursuant to procedures the
director establishes by rule and upon payment of a renewal fee the
director determines, not to exceed thirty-five dollars. The
director shall not renew the registration of any investigator or
security guard employee who no longer meets the requirements of
this section. No background check is required for annual renewal,
but an investigator or security guard employee shall report any
felony conviction of a disqualifying offense to the employer and
the director of public safety as a condition of continued
registration.
Sec. 4776.021. (A) As used in this section and section
4776.04 of the Revised Code, "trainee license" means a license,
certificate, registration, permit, card, or other authority that
is issued or conferred by any agency described in division (B) of
this section that authorizes the holder to engage as a trainee in
a profession, occupation, or occupational activity, or to operate
as a trainee certain specific equipment, machinery, or premises,
over which the agency described in division (B) of this section
has jurisdiction.
(B) Except as provided in division (E) of this section, if
any licensing agency issues trainee licenses, or if any agency
that issues licenses under Chapter 3772., 4729., 4738., 4747., or
4749. of the Revised Code issues trainee licenses, an applicant
for a trainee license from the licensing agency or other specified
agency, in addition to any other eligibility requirements for the
license, shall submit a request to the bureau of criminal
identification and investigation for a criminal records check of
the applicant. Division (A) of section 4776.02 of the Revised Code
applies with respect to a request required under this division.
(C) Upon receipt of the completed form, the set of
fingerprint impressions, and the fee provided for in division (B)
of this section and division (A) of section 4776.02 of the Revised
Code, the superintendent of the bureau of criminal identification
and investigation shall conduct a criminal records check of the
applicant under division (B) of section 109.572 of the Revised
Code. Upon completion of the criminal records check, the
superintendent shall report the results of the criminal records
check and any information the federal bureau of investigation
provides to the licensing agency or the agency that issues
licenses under Chapter 3772., 4729., 4738., 4747., or 4749. of the
Revised Code that was identified in the request for a criminal
records check.
(D) Except as provided in division (E) of this section, no
licensing agency that issues trainee licenses, and no agency that
issues licenses under Chapter 3772., 4729., 4738., 4747., or 4749.
of the Revised Code and that issues trainee licenses shall issue a
trainee license to an applicant if the licensing agency or other
agency determines that the applicant would not be eligible for
issuance of a license, certificate, registration, permit, card, or
other authority to engage in the profession, occupation, or
occupational activity for which the trainee license would apply,
or for issuance of a license, certificate, registration, permit,
card, or other authority to operate certain specific equipment,
machinery, or premises with respect to which the trainee license
would apply, whichever is applicable.
(E) Divisions (B) to (D) of this section do not apply with
respect to any person who is participating in an apprenticeship or
training program operated by or under contract with the department
of rehabilitation and correction.
Sec. 4776.04. The results of any criminal records check
conducted pursuant to a request made under this chapter and any
report containing those results, including any information the
federal bureau of investigation provides, are not public records
for purposes of section 149.43 of the Revised Code and shall not
be made available to any person or for any purpose other than as
follows:
(A) If the request for the criminal records check was
submitted by an applicant for an initial license or restored
license, as follows:
(1) The superintendent of the bureau of criminal
identification and investigation shall make the results available
to the licensing agency for use in determining, under the agency's
authorizing chapter of the Revised Code, whether the applicant who
is the subject of the criminal records check should be granted a
license under that chapter.
(2) The licensing agency shall make the results available to
the applicant who is the subject of the criminal records check.
(B) If the request for the criminal records check was
submitted by a person seeking to satisfy the criteria for being a
qualified pharmacy technician that are specified in section
4729.42 of the Revised Code or a person seeking to satisfy the
requirements to be an employee of a pain management clinic as
specified in section 4729.552 of the Revised Code, the
superintendent of the bureau of criminal identification and
investigation shall make the results available in accordance with
the following:
(1) The superintendent shall make the results of the criminal
records check, including any information the federal bureau of
investigation provides, available to the person who submitted the
request and is the subject of the criminal records check.
(2) The superintendent shall make the results of the portion
of the criminal records check performed by the bureau of criminal
identification and investigation under division (B)(1) of section
109.572 of the Revised Code available to the employer or potential
employer specified in the request of the person who submitted the
request and shall send a letter of the type described in division
(B)(2) of section 4776.02 of the Revised Code to that employer or
potential employer regarding the information provided by the
federal bureau of investigation that contains one of the types of
statements described in that division.
(C) If the request for the criminal records check was
submitted by an applicant for a trainee license under section
4776.021 of the Revised Code, as follows:
(1) The superintendent of the bureau of criminal
identification and investigation shall make the results available
to the licensing agency or other agency identified in division (B)
of section 4776.021 of the Revised Code for use in determining,
under the agency's authorizing chapter of the Revised Code and
division (D) of section 4776.021 of the Revised Code, whether the
applicant who is the subject of the criminal records check should
be granted a trainee license under that chapter and that division.
(2) The licensing agency or other agency identified in
division (B) of section 4776.021 of the Revised Code shall make
the results available to the applicant who is the subject of the
criminal records check.
Sec. 4776.10. As used in Chapters 4713., 4738., 4740., 4747.,
and 4749. and sections 4725.40 to 4725.59 of the Revised Code:
(A) "Crime of moral turpitude" or "moral turpitude" means all
of the following:
(1) A violation of section 2903.01 or 2903.02 of the Revised
Code;
(2) A sexually oriented offense as defined in section 2950.01
of the Revised Code;
(3) An offense that is an offense of violence as defined in
section 2901.01 of the Revised Code, if the offense is a felony of
the first or second degree;
(4) Complicity in committing an offense described in division
(A)(1) of this section;
(5) An attempt or conspiracy to commit or complicity in
committing any offense described in division (A)(1), (2), (3), or
(4) of this section if the attempt, conspiracy, or complicity is a
felony of the first or second degree;
(6) A violation of any former law of this state, any existing
or former law applicable in a military court or in an Indian
tribal court, or any existing or former law of any nation other
than the United States that is or was substantially equivalent to
any offense listed in division (A)(1), (2), (3), (4), or (5) of
this section.
(B) "Direct nexus" means that the nature of the offense for
which the individual was convicted or to which the individual
pleaded guilty has a direct bearing on the fitness or ability of
the individual to perform one or more of the duties or
responsibilities necessarily related to a particular occupation,
profession, or trade.
(C) "Disqualifying offense" means an offense that is a felony
and that has a direct nexus to an individual's proposed or current
field of licensure, certification, or employment.
Sec. 5111.032. (A) As used in this section:
(1) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(2) "Department" includes a designee of the department of job
and family services.
(3) "Owner" means a person who has an ownership interest in a
provider in an amount designated by the department of job and
family services in rules adopted under this section.
(4) "Provider" means a person, institution, or entity that
has a provider agreement with the department of job and family
services pursuant to Title XIX of the "Social Security Act," 49
State Stat. 620 (1965), 42 U.S.C. 1396, as amended.
(B)(1) Except as provided in division (B)(2) of this section,
the department of job and family services may require that any
provider, applicant to be a provider, employee or prospective
employee of a provider, owner or prospective owner of a provider,
officer or prospective officer of a provider, or board member or
prospective board member of a provider submit to a criminal
records check as a condition of obtaining a provider agreement,
continuing to hold a provider agreement, being employed by a
provider, having an ownership interest in a provider, or being an
officer or board member of a provider. The department may
designate the categories of persons who are subject to the
criminal records check requirement. The department shall designate
the times at which the criminal records checks must be conducted.
(2) The section does not apply to providers, applicants to be
providers, employees of a provider, or prospective employees of a
provider who are subject to criminal records checks under section
5111.033 or 5111.034 of the Revised Code.
(C)(1) The department shall inform each provider or applicant
to be a provider whether the provider or applicant is subject to a
criminal records check requirement under division (B) of this
section. For providers, the information shall be given at times
designated in rules adopted under this section. For applicants to
be providers, the information shall be given at the time of
initial application. When the information is given, the department
shall specify which of the provider's or applicant's employees or
prospective employees, owners or prospective owners, officers or
prospective officers, or board members or prospective board
members are subject to the criminal records check requirement.
(2) At times designated in rules adopted under this section,
a provider that is subject to the criminal records check
requirement shall inform each person specified by the department
under division (C)(1) of this section that the person is required,
as applicable, to submit to a criminal records check for final
consideration for employment in a full-time, part-time, or
temporary position; as a condition of continued employment; or as
a condition of becoming or continuing to be an officer, board
member or owner of a provider.
(D)(1) If a provider or applicant to be a provider is subject
to a criminal records check under this section, the department
shall require the conduct of a criminal records check by the
superintendent of the bureau of criminal identification and
investigation. If a provider or applicant to be a provider for
whom a criminal records check is required does not present proof
of having been a resident of this state for the five-year period
immediately prior to the date the criminal records check is
requested or provide evidence that within that five-year period
the superintendent has requested information about the individual
from the federal bureau of investigation in a criminal records
check, the department shall require the provider or applicant to
request that the superintendent obtain information from the
federal bureau of investigation as part of the criminal records
check of the provider or applicant. Even if a provider or
applicant for whom a criminal records check request is required
presents proof of having been a resident of this state for the
five-year period, the department may require that the provider or
applicant request that the superintendent obtain information from
the federal bureau of investigation and include it in the criminal
records check of the provider or applicant.
(2) A provider shall require the conduct of a criminal
records check by the superintendent with respect to each of the
persons specified by the department under division (C)(1) of this
section. If the person for whom a criminal records check is
required does not present proof of having been a resident of this
state for the five-year period immediately prior to the date the
criminal records check is requested or provide evidence that
within that five-year period the superintendent of the bureau of
criminal identification and investigation has requested
information about the individual from the federal bureau of
investigation in a criminal records check, the individual shall
request that the superintendent obtain information from the
federal bureau of investigation as part of the criminal records
check of the individual. Even if an individual for whom a criminal
records check request is required presents proof of having been a
resident of this state for the five-year period, the department
may require the provider to request that the superintendent obtain
information from the federal bureau of investigation and include
it in the criminal records check of the person.
(E)(1) Criminal records checks required under this section
for providers or applicants to be providers shall be obtained as
follows:
(a) The department shall provide each provider or applicant
information about accessing and completing the form prescribed
pursuant to division (C)(1) of section 109.572 of the Revised Code
and the standard fingerprint impression sheet prescribed pursuant
to division (C)(2) of that section.
(b) The provider or applicant shall submit the required form
and one complete set of fingerprint impressions directly to the
superintendent for purposes of conducting the criminal records
check using the applicable methods prescribed by division (C) of
section 109.572 of the Revised Code. The applicant or provider
shall pay all fees associated with obtaining the criminal records
check.
(c) The superintendent shall conduct the criminal records
check in accordance with section 109.572 of the Revised Code. The
provider or applicant shall instruct the superintendent to submit
the report of the criminal records check directly to the director
of job and family services.
(2) Criminal records checks required under this section for
persons specified by the department under division (C)(1) of this
section shall be obtained as follows:
(a) The provider shall give to each person subject to
criminal records check requirement information about accessing and
completing the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and the standard fingerprint
impression sheet prescribed pursuant to division (C)(2) of that
section.
(b) The person shall submit the required form and one
complete set of fingerprint impressions directly to the
superintendent for purposes of conducting the criminal records
check using the applicable methods prescribed by division (C) of
section 109.572 of the Revised Code. The person shall pay all fees
associated with obtaining the criminal records check.
(c) The superintendent shall conduct the criminal records
check in accordance with section 109.572 of the Revised Code. The
person subject to the criminal records check shall instruct the
superintendent to submit the report of the criminal records check
directly to the provider. The department may require the provider
to submit the report to the department.
(F) If a provider or applicant to be a provider is given the
information specified in division (E)(1)(a) of this section but
fails to obtain a criminal records check, the department shall, as
applicable, terminate the provider agreement or deny the
application to be a provider.
If a person is given the information specified in division
(E)(2)(a) of this section but fails to obtain a criminal records
check, the provider shall not, as applicable, permit the person to
be an employee, owner, officer, or board member of the provider.
(G) Except as provided in rules adopted under division (J) of
this section, the department shall terminate the provider
agreement of a provider or the department shall not issue a
provider agreement to an applicant if the provider or applicant is
subject to a criminal records check under this section and the
provider or applicant has been convicted of, has pleaded guilty
to, or has been found eligible for intervention in lieu of
conviction for any of the following, regardless of the date of the
conviction, the date of entry of the guilty plea, or the date the
applicant or provider was found eligible for intervention in lieu
of conviction:
(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141,
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date;
(2) A violation of an existing or former municipal ordinance
or law of this state, any other state, or the United States that
is substantially equivalent to any of the offenses listed in
division (G)(1) of this section.
(H)(1)(a) Except as provided in rules adopted under division
(J) of this section and subject to division (H)(2) of this
section, no provider shall permit a person to be an employee,
owner, officer, or board member of the provider if the person is
subject to a criminal records check under this section and the
person has been convicted of, has pleaded guilty to, or has been
found eligible for intervention in lieu of conviction for any of
the offenses specified in division (G)(1) or (2) of this section.
(b) No provider shall employ a person who has been excluded
from participating in the medicaid program, the medicare program
operated pursuant to Title XVIII of the "Social Security Act," or
any other federal health care program.
(2)(a) A provider may employ conditionally a person for whom
a criminal records check is required under this section prior to
obtaining the results of a criminal records check regarding the
person, but only if the person submits a request for a criminal
records check not later than five business days after the
individual begins conditional employment.
(b) A provider that employs a person conditionally under
authority of division (H)(2)(a) of this section shall terminate
the person's employment if the results of the criminal records
check request are not obtained within the period ending sixty days
after the date the request is made. Regardless of when the results
of the criminal records check are obtained, if the results
indicate that the individual has been convicted of, has pleaded
guilty to, or has been found eligible for intervention in lieu of
conviction for any of the offenses specified in division (G)(1) or
(2) of this section, the provider shall terminate the person's
employment unless the provider chooses to employ the individual
pursuant to division (J) of this section.
(I) The report of a criminal records check conducted pursuant
to this section is not a public record for the purposes of section
149.43 of the Revised Code and shall not be made available to any
person other than the following:
(1) The person who is the subject of the criminal records
check or the person's representative;
(2) The director of job and family services and the staff of
the department in the administration of the medicaid program;
(3) A court, hearing officer, or other necessary individual
involved in a case dealing with the denial or termination of a
provider agreement;
(4) A court, hearing officer, or other necessary individual
involved in a case dealing with a person's denial of employment,
termination of employment, or employment or unemployment benefits.
(J) The department may adopt rules in accordance with Chapter
119. of the Revised Code to implement this section. The rules may
specify circumstances under which the department may continue a
provider agreement or issue a provider agreement to an applicant
when the provider or applicant has been convicted of, has pleaded
guilty to, or has been found eligible for intervention in lieu of
conviction for any of the offenses specified in division (G)(1) or
(2) of this section. The rules may also specify circumstances
under which a provider may permit a person to be an employee,
owner, officer, or board member of the provider, when the person
has been convicted of, has pleaded guilty to, or has been found
eligible for intervention in lieu of conviction for any of the
offenses specified in division (G)(1) or (2) of this section.
Sec. 5111.033. (A) As used in this section:
(1) "Applicant" means a person who is under final
consideration for employment or, after September 26, 2003, an
existing employee with a waiver agency in a full-time, part-time,
or temporary position that involves providing home and
community-based waiver services to a person with disabilities.
"Applicant" also means an existing employee with a waiver agency
in a full-time, part-time, or temporary position that involves
providing home and community-based waiver services to a person
with disabilities after September 26, 2003.
(2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(3) "Waiver agency" means a person or government entity that
is not certified under the medicare program and is accredited by
the community health accreditation program or the joint commission
on accreditation of health care organizations or a company that
provides home and community-based waiver services to persons with
disabilities through department of job and family services
administered home and community-based waiver programs.
(4) "Home and community-based waiver services" means services
furnished under the provision of 42 C.F.R. 441, subpart G, that
permit individuals to live in a home setting rather than a nursing
facility or hospital. Home and community-based waiver services are
approved by the centers for medicare and medicaid for specific
populations and are not otherwise available under the medicaid
state plan.
(B)(1) The chief administrator of a waiver agency shall
require each applicant to request that the superintendent of the
bureau of criminal identification and investigation conduct a
criminal records check with respect to the applicant. If an
applicant for whom a criminal records check request is required
under this division does not present proof of having been a
resident of this state for the five-year period immediately prior
to the date the criminal records check is requested or provide
evidence that within that five-year period the superintendent has
requested information about the applicant from the federal bureau
of investigation in a criminal records check, the chief
administrator shall require the applicant to request that the
superintendent obtain information from the federal bureau of
investigation as part of the criminal records check of the
applicant. Even if an applicant for whom a criminal records check
request is required under this division presents proof of having
been a resident of this state for the five-year period, the chief
administrator may require the applicant to request that the
superintendent include information from the federal bureau of
investigation in the criminal records check.
(2) The chief administrator shall provide the following to
each applicant for whom a criminal records check request is
required under division (B)(1) of this section:
(a) Information about accessing, completing, and forwarding
to the superintendent of the bureau of criminal identification and
investigation the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and the standard fingerprint
impression sheet prescribed pursuant to division (C)(2) of that
section;
(b) Written notification that the applicant is to instruct
the superintendent to submit the completed report of the criminal
records check directly to the chief administrator.
(3) An applicant given information and notification under
divisions (B)(2)(a) and (b) of this section who fails to access,
complete, and forward to the superintendent the form or the
standard fingerprint impression sheet, or who fails to instruct
the superintendent to submit the completed report of the criminal
records check directly to the chief administrator, shall not be
employed in any position in a waiver agency for which a criminal
records check is required by this section.
(C)(1) Except as provided in rules adopted by the department
of job and family services in accordance with division (F) of this
section and subject to division (C)(2) of this section, no waiver
agency shall employ a person in a position that involves providing
home and community-based waiver services to persons with
disabilities if the person has been convicted of, has pleaded
guilty to, or has been found eligible for intervention in lieu of
conviction for any of the following, regardless of the date of the
conviction, the date of entry of the guilty plea, or the date the
person was found eligible for intervention in lieu of conviction:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141,
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date;
(b) A violation of an existing or former municipal ordinance
or law of this state, any other state, or the United States that
is substantially equivalent to any of the offenses listed in
division (C)(1)(a) of this section.
(2)(a) A waiver agency may employ conditionally an applicant
for whom a criminal records check request is required under
division (B) of this section prior to obtaining the results of a
criminal records check regarding the individual, provided that the
agency shall require the individual to request a criminal records
check regarding the individual in accordance with division (B)(1)
of this section not later than five business days after the
individual begins conditional employment.
(b) A waiver agency that employs an individual conditionally
under authority of division (C)(2)(a) of this section shall
terminate the individual's employment if the results of the
criminal records check request under division (B) of this section,
other than the results of any request for information from the
federal bureau of investigation, are not obtained within the
period ending sixty days after the date the request is made.
Regardless of when the results of the criminal records check are
obtained, if the results indicate that the individual has been
convicted of, has pleaded guilty to, or has been found eligible
for intervention in lieu of conviction for any of the offenses
listed or described in division (C)(1) of this section, the agency
shall terminate the individual's employment unless the agency
chooses to employ the individual pursuant to division (F) of this
section.
(D)(1) The fee prescribed pursuant to division (C)(3) of
section 109.572 of the Revised Code for each criminal records
check conducted pursuant to a request made under division (B) of
this section shall be paid to the bureau of criminal
identification and investigation by the applicant or the waiver
agency.
(2) If a waiver agency pays the fee, it may charge the
applicant a fee not exceeding the amount the agency pays under
division (D)(1) of this section. An agency may collect a fee only
if the agency notifies the person at the time of initial
application for employment of the amount of the fee and that,
unless the fee is paid, the person will not be considered for
employment.
(E) The report of any criminal records check conducted
pursuant to a request made under this section is not a public
record for the purposes of section 149.43 of the Revised Code and
shall not be made available to any person other than the
following:
(1) The individual who is the subject of the criminal records
check or the individual's representative;
(2) The chief administrator of the agency requesting the
criminal records check or the administrator's representative;
(3) An administrator at the department;
(4) A court, hearing officer, or other necessary individual
involved in a case dealing with a denial of employment of the
applicant or dealing with employment or unemployment benefits of
the applicant.
(F) The department shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section. The
rules shall specify circumstances under which a waiver agency may
employ a person who has been convicted of, has pleaded guilty to,
or has been found eligible for intervention in lieu of conviction
for an offense listed or described in division (C)(1) of this
section.
(G) The chief administrator of a waiver agency shall inform
each person, at the time of initial application for a position
that involves providing home and community-based waiver services
to a person with a disability, that the person is required to
provide a set of fingerprint impressions and that a criminal
records check is required to be conducted if the person comes
under final consideration for employment.
(H)(1) A person who, on September 26, 2003, is an employee of
a waiver agency in a full-time, part-time, or temporary position
that involves providing home and community-based waiver services
to a person with disabilities shall comply with this section
within sixty days after September 26, 2003, unless division (H)(2)
of this section applies.
(2) This section shall not apply to a person to whom all of
the following apply:
(a) On September 26, 2003, the person is an employee of a
waiver agency in a full-time, part-time, or temporary position
that involves providing home and community-based waiver services
to a person with disabilities.
(b) The person previously had been the subject of a criminal
background check relating to that position;
(c) The person has been continuously employed in that
position since that criminal background check had been conducted.
Sec. 5111.034. (A) As used in this section:
(1) "Anniversary date" means the later of the effective date
of the provider agreement relating to the independent provider or
sixty days after September 26, 2003.
(2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(3) "Department" includes a designee of the department of job
and family services.
(4) "Independent provider" means a person who is submitting
an application for a provider agreement or who has a provider
agreement as an independent provider in a department of job and
family services administered home and community-based services
program providing home and community-based waiver services to
consumers with disabilities.
(5) "Home and community-based waiver services" has the same
meaning as in section 5111.033 of the Revised Code.
(B)(1) The department of job and family services shall inform
each independent provider, at the time of initial application for
a provider agreement that involves providing home and
community-based waiver services to consumers with disabilities,
that the independent provider is required to provide a set of
fingerprint impressions and that a criminal records check is
required to be conducted if the person is to become an independent
provider in a department administered home and community-based
waiver program.
(2) Beginning on September 26, 2003, the department shall
inform each enrolled medicaid independent provider on or before
time of the anniversary date of the provider agreement that
involves providing home and community-based waiver services to
consumers with disabilities that the independent provider is
required to provide a set of fingerprint impressions and that a
criminal records check is required to be conducted.
(C)(1) The department shall require the independent provider
to complete a criminal records check prior to entering into a
provider agreement with the independent provider and at least
annually thereafter. If an independent provider for whom a
criminal records check is required under this division does not
present proof of having been a resident of this state for the
five-year period immediately prior to the date the criminal
records check is requested or provide evidence that within that
five-year period the superintendent of the bureau of criminal
identification and investigation has requested information about
the independent provider from the federal bureau of investigation
in a criminal records check, the department shall request that the
independent provider obtain through the superintendent a criminal
records request from the federal bureau of investigation as part
of the criminal records check of the independent provider. Even if
an independent provider for whom a criminal records check request
is required under this division presents proof of having been a
resident of this state for the five-year period, the department
may request that the independent provider obtain information
through the superintendent from the federal bureau of
investigation in the criminal records check.
(2) The department shall provide the following to each
independent provider for whom a criminal records check request is
required under division (C)(1) of this section:
(a) Information about accessing, completing, and forwarding
to the superintendent of the bureau of criminal identification and
investigation the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and the standard fingerprint
impression sheet prescribed pursuant to division (C)(2) of that
section;
(b) Written notification that the independent provider is to
instruct the superintendent to submit the completed report of the
criminal records check directly to the department.
(3) An independent provider given information and
notification under divisions (C)(2)(a) and (b) of this section who
fails to access, complete, and forward to the superintendent the
form or the standard fingerprint impression sheet, or who fails to
instruct the superintendent to submit the completed report of the
criminal records check directly to the department, shall not be
approved as an independent provider.
(D) Except as provided in rules adopted by the department in
accordance with division (G) of this section, the department shall
not issue a new provider agreement to, and shall terminate an
existing provider agreement of, an independent provider if the
person has been convicted of, has pleaded guilty to, or has been
found eligible for intervention in lieu of conviction for any of
the following, regardless of the date of the conviction, the date
of entry of the guilty plea, or the date the person was found
eligible for intervention in lieu of conviction:
(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141,
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date;
(2) A violation of an existing or former municipal ordinance
or law of this state, any other state, or the United States that
is substantially equivalent to any of the offenses listed in
division (D)(1) of this section.
(E) Each independent provider shall pay to the bureau of
criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised Code
for each criminal records check conducted pursuant to a request
made under division (C) of this section.
(F) The report of any criminal records check conducted by the
bureau of criminal identification and investigation in accordance
with section 109.572 of the Revised Code and pursuant to a request
made under division (C) of this section is not a public record for
the purposes of section 149.43 of the Revised Code and shall not
be made available to any person other than the following:
(1) The person who is the subject of the criminal records
check or the person's representative;
(2) An administrator at the department or the administrator's
representative;
(3) A court, hearing officer, or other necessary individual
involved in a case dealing with a denial or termination of a
provider agreement related to the criminal records check.
(G) The department shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section. The
rules shall specify circumstances under which the department may
either issue a provider agreement to an independent provider or
allow an independent provider to maintain an existing provider
agreement when the independent provider has been convicted of, has
pleaded guilty to, or has been found eligible for intervention in
lieu of conviction for an offense listed or described in division
(D)(1) or (2) of this section.
Sec. 5120.07. (A) There is hereby created the ex-offender
reentry coalition consisting of the following seventeen eighteen
members or their designees:
(1) The director of rehabilitation and correction;
(2) The director of aging;
(3) The director of alcohol and drug addiction services;
(4) The director of development;
(5) The superintendent of public instruction;
(6) The director of health;
(7) The director of job and family services;
(8) The director of mental health;
(9) The director of developmental disabilities;
(10) The director of public safety;
(11) The director of youth services;
(12) The chancellor of the Ohio board of regents;
(13) A representative or member of the governor's staff;
(14) The director of the rehabilitation services commission;
(15) The director of the department of commerce;
(16) The executive director of a health care licensing board
created under Title XLVII of the Revised Code, as appointed by the
chairperson of the coalition;
(17) The director of veterans services;
(18) An ex-offender appointed by the director of
rehabilitation and correction.
(B) The members of the coalition shall serve without
compensation. The director of rehabilitation and correction or the
director's designee shall be the chairperson of the coalition.
(C) In consultation with persons interested and involved in
the reentry of ex-offenders into the community, including but not
limited to, service providers, community-based organizations, and
local governments, the coalition shall identify and examine social
service barriers and other obstacles to the reentry of
ex-offenders into the community. Not later than one year after
April 7, 2009, and on or before the same date of each year
thereafter, the coalition shall submit to the speaker of the house
of representatives and the president of the senate a report,
including recommendations for legislative action, the activities
of the coalition, and the barriers affecting the successful
reentry of ex-offenders into the community. The report shall
analyze the effects of those barriers on ex-offenders and on their
children and other family members in various areas, including but
not limited to, the following:
(1) Admission to public and other housing;
(2) Child support obligations and procedures;
(3) Parental incarceration and family reunification;
(4) Social security benefits, veterans' benefits, food
stamps, and other forms of public assistance;
(6) Education programs and financial assistance;
(7) Substance abuse, mental health, and sex offender
treatment programs and financial assistance;
(8) Civic and political participation;
(9) Other collateral consequences under the Revised Code or
the Ohio administrative code law that may result from a criminal
conviction.
(D)(1) The report shall also include the following
information:
(a) Identification of state appropriations for reentry
programs;
(b) Identification of other funding sources for reentry
programs that are not funded by the state;
(2) The coalition shall gather information about reentry
programs in a repository maintained and made available by the
coalition. Where available, the information shall include the
following:
(a) The amount of funding received;
(b) The number of program participants;
(c) The composition of the program, including program goals,
methods for measuring success, and program success rate;
(d) The type of post-program tracking that is utilized;
(e) Information about employment rates and recidivism rates
of ex-offenders.
(E) The coalition shall cease to exist on December 31, 2014.
Sec. 5502.011. (A) As used in this section, "department of
public safety" and "department" include all divisions within the
department of public safety.
(B) The director of the department of public safety is the
chief executive and administrative officer of the department. The
director may establish policies governing the department, the
performance of its employees and officers, the conduct of its
business, and the custody, use, and preservation of departmental
records, papers, books, documents, and property. The director also
may authorize and approve investigations to be conducted by any of
the department's divisions. Whenever the Revised Code imposes a
duty upon or requires an action of the department, the director
may perform the action or duty in the name of the department or
direct such performance to be performed by the director's
designee.
(C) In addition to any other duties enumerated in the Revised
Code, the director or the director's designee shall do all of the
following:
(1) Administer and direct the performance of the duties of
the department;
(2) Pursuant to Chapter 119. of the Revised Code, approve,
adopt, and prescribe such forms and rules as are necessary to
carry out the duties of the department;
(3) On behalf of the department and in addition to any
authority the Revised Code otherwise grants to the department,
have the authority and responsibility for approving and entering
into contracts, agreements, and other business arrangements;
(4) Make appointments for the department as needed to comply
with requirements of the Revised Code;
(5) Approve employment actions of the department, including
appointments, promotions, discipline, investigations, and
terminations;
(6) Accept, hold, and use, for the benefit of the department,
any gift, donation, bequest, or devise, and may agree to and
perform all conditions of the gift, donation, bequest, or devise,
that are not contrary to law;
(7) Apply for, allocate, disburse, and account for grants
made available under federal law or from other federal, state, or
private sources;
(8) Develop a list of disqualifying offenses for licensure as
a private investigator or a security guard provider pursuant to
sections 4749.03, 4749.04, 4749.10, and 4776.10 of the Revised
Code;
(9) Do all other acts necessary or desirable to carry out
this chapter.
(D)(1) The director of public safety may assess a reasonable
fee, plus the amount of any charge or fee passed on from a
financial institution, on a drawer or indorser for each of the
following:
(a) A check, draft, or money order that is returned or
dishonored;
(b) An automatic bank transfer that is declined, due to
insufficient funds or for any other reason;
(c) Any financial transaction device that is returned or
dishonored for any reason.
(2) The director shall deposit any fee collected under this
division in an appropriate fund as determined by the director
based on the tax, fee, or fine being paid.
(3) As used in this division, "financial transaction device"
has the same meaning as in section 113.40 of the Revised Code.
(E) The director shall establish a homeland security advisory
council to advise the director on homeland security, including
homeland security funding efforts. The advisory council shall
include, but not be limited to, state and local government
officials who have homeland security or emergency management
responsibilities and who represent first responders. The director
shall appoint the members of the council, who shall serve without
compensation.
(F) The director of public safety shall adopt rules in
accordance with Chapter 119. of the Revised Code as required by
section 2909.28 of the Revised Code and division (A)(1) of section
2909.32 of the Revised Code. The director shall adopt rules as
required by division (D) of section 2909.32 of the Revised Code,
division (E) of section 2909.33 of the Revised Code, and division
(D) of section 2909.34 of the Revised Code. The director may adopt
rules pursuant to division (A)(2) of section 2909.32 of the
Revised Code, division (A)(2) of section 2909.33 of the Revised
Code, and division (A)(2) of section 2909.34 of the Revised Code.
Sec. 5743.99. (A)(1) Except as provided in division (A)(2)
of this section, whoever violates section 5743.10, 5743.11, or
5743.12 or division (C) of section 5743.54 of the Revised Code is
guilty of a misdemeanor of the first degree. If the offender has
been previously convicted of an offense under this division,
violation is a felony of the fourth degree.
(2) Unless the total number of cigarettes exceeds one
thousand two hundred, an individual who violates section 5743.10
of the Revised Code is guilty of a minor misdemeanor. If the
offender has been previously convicted of an offense under this
division, violation is a misdemeanor of the first degree.
(B) Whoever violates section 5743.111, 5743.112, 5743.13,
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a
felony of the fourth degree. If the offender has been previously
convicted of an offense under this division, violation is a felony
of the second degree.
(C) Whoever violates section 5743.41 or 5743.42 of the
Revised Code is guilty of a misdemeanor of the fourth degree. If
the offender has been previously convicted of an offense under
this division, violation is a misdemeanor of the third degree.
(D) Whoever violates section 5743.21 of the Revised Code is
guilty of a misdemeanor of the first degree. If the offender has
been previously convicted of an offense under this division,
violation is a felony of the fifth degree.
(E) Whoever violates division (F) of section 5743.03 of the
Revised Code is guilty of a misdemeanor of the fourth degree.
(F) Whoever violates any provision of this chapter, or any
rule promulgated by the tax commissioner under authority of this
chapter, for the violation of which no penalty is provided
elsewhere, is guilty of a misdemeanor of the fourth degree.
(G) In addition to any other penalty imposed upon a person
convicted of a violation of section 5743.112 or 5743.60 of the
Revised Code who was the operator of a motor vehicle used in the
violation, the court shall may suspend for not less than thirty
days or more than three years the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege.
The If
the court imposes such a suspension, the court shall send a copy
of its suspension order and determination to the registrar of
motor vehicles, and the registrar, pursuant to the order and
determination, shall impose a suspension of the same duration. No
judge shall suspend the first thirty days of suspension of an
offender's license, permit, or privilege required by this
division. The court, in lieu of suspending the offender's driver's
or commercial driver's license or permit or nonresident operating
privilege, instead may require the offender to perform community
service for a number of hours determined by the court.
Section 2. That existing sections 109.57, 109.572, 109.578,
2151.356, 2152.02, 2152.18, 2152.26, 2705.031, 2907.24, 2913.02,
2923.122, 2925.14, 2925.38, 2947.23, 2949.08, 2953.31, 2953.32,
2953.34, 2953.36, 2967.191, 3119.01, 3119.05, 3123.58, 3772.10,
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, 4510.17,
4510.41, 4510.54, 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, 4776.04, 5111.032, 5111.033, 5111.034, 5120.07,
5502.011, and 5743.99 of the Revised Code are hereby repealed.
Section 3. The Department of Public Safety shall conduct a
study on the advisability and feasibility of there being held in
this state a one-time amnesty program for the payment of fees and
fines owed by persons who have pleaded guilty to or been convicted
of motor vehicle traffic and equipment offenses or have had their
driver's license, commercial driver's license, or temporary
instruction permit suspended for any reason by this state. The
Department may confer with any public or private organization or
entity that the Department determines could be of assistance to
the Department in conducting the study. The Department shall study
all aspects of such a program, including its scope, duration, the
amounts or percentages of fees or fines persons would be permitted
to pay under the program, and which persons would be eligible to
participate in the program.
Not later than six months after the effective date of this
section, the Department shall issue a report containing the
results of the study. The Department shall furnish copies of its
report to the Governor, the Ohio Senate, and the Ohio House of
Representatives.
Section 4. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following sections,
presented in this act as composites of the sections as amended by
the acts indicated, are the resulting versions of the sections in
effect prior to the effective date of the sections as presented in
this act:
Section 149.43 of the Revised Code as amended by both Sub.
H.B. 64 and Am. Sub. H.B. 153 of the 129th General Assembly.
Section 4503.234 of the Revised Code as amended by both Sub.
H.B. 241 and Am. Sub. H.B. 461 of the 126th General Assembly.
Section 4507.164 of the Revised Code as amended by both Sub.
H.B. 5 and Am. Sub. H.B. 153 of the 129th General Assembly.
Section 5. The amendment of section 5120.07 of the Revised
Code is not intended to supersede the earlier repeal, with delayed
effective date, of that section.