Sub. H. B. No. 524 As Reported by the House Criminal Justice Committee

As Reported by the House Criminal Justice Committee

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 524

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,	91
2152.02, 2152.18, 2152.26, 2705.031, 2907.24, 2913.02, 2923.122,	92
2925.14, 2925.38, 2947.23, 2949.08, 2953.31, 2953.32, 2953.34,	93
2953.36, 2967.191, 3119.01, 3119.05, 3123.58, 3772.10, 4301.99,	94
4501.02, 4503.233, 4503.234, 4507.02, 4507.164, 4509.06, 4509.101,	95
4510.10, 4510.11, 4510.111, 4510.16, 4510.161, 4510.17, 4510.41,	96
4510.54, 4513.02, 4513.021, 4513.99, 4713.07, 4713.28, 4725.44,	97
4725.48, 4725.52, 4725.53, 4738.04, 4738.07, 4740.05, 4740.06,	98
4740.10, 4747.04, 4747.05, 4747.10, 4747.12, 4749.03, 4749.04,	99
4749.06, 4776.04, 5111.032, 5111.033, 5111.034, 5120.07, 5502.011,	100
and 5743.99 be amended, and sections 2925.141, 2953.25, 4776.021,	101
and 4776.10 of the Revised Code be enacted to read as follows:	102

Sec. 109.57. (A)(1) The superintendent of the bureau of	103
criminal identification and investigation shall procure from	104
wherever procurable and file for record photographs, pictures,	105
descriptions, fingerprints, measurements, and other information	106
that may be pertinent of all persons who have been convicted of	107
committing within this state a felony, any crime constituting a	108
misdemeanor on the first offense and a felony on subsequent	109
offenses, or any misdemeanor described in division (A)(1)(a),	110
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	111
of all children under eighteen years of age who have been	112
adjudicated delinquent children for committing within this state	113
an act that would be a felony or an offense of violence if	114
committed by an adult or who have been convicted of or pleaded	115
guilty to committing within this state a felony or an offense of	116
violence, and of all well-known and habitual criminals. The person	117
in charge of any county, multicounty, municipal, municipal-county,	118
or multicounty-municipal jail or workhouse, community-based	119
correctional facility, halfway house, alternative residential	120
facility, or state correctional institution and the person in	121
charge of any state institution having custody of a person	122
suspected of having committed a felony, any crime constituting a	123
misdemeanor on the first offense and a felony on subsequent	124
offenses, or any misdemeanor described in division (A)(1)(a),	125
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	126
having custody of a child under eighteen years of age with respect	127
to whom there is probable cause to believe that the child may have	128
committed an act that would be a felony or an offense of violence	129
if committed by an adult shall furnish such material to the	130
superintendent of the bureau. Fingerprints, photographs, or other	131
descriptive information of a child who is under eighteen years of	132
age, has not been arrested or otherwise taken into custody for	133
committing an act that would be a felony or an offense of violence	134
who is not in any other category of child specified in this	135
division, if committed by an adult, has not been adjudicated a	136
delinquent child for committing an act that would be a felony or	137
an offense of violence if committed by an adult, has not been	138
convicted of or pleaded guilty to committing a felony or an	139
offense of violence, and is not a child with respect to whom there	140
is probable cause to believe that the child may have committed an	141
act that would be a felony or an offense of violence if committed	142
by an adult shall not be procured by the superintendent or	143
furnished by any person in charge of any county, multicounty,	144
municipal, municipal-county, or multicounty-municipal jail or	145
workhouse, community-based correctional facility, halfway house,	146
alternative residential facility, or state correctional	147
institution, except as authorized in section 2151.313 of the	148
Revised Code.	149

(2) Every clerk of a court of record in this state, other	150
than the supreme court or a court of appeals, shall send to the	151
superintendent of the bureau a weekly report containing a summary	152
of each case involving a felony, involving any crime constituting	153
a misdemeanor on the first offense and a felony on subsequent	154
offenses, involving a misdemeanor described in division (A)(1)(a),	155
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	156
or involving an adjudication in a case in which a child under	157
eighteen years of age was alleged to be a delinquent child for	158
committing an act that would be a felony or an offense of violence	159
if committed by an adult. The clerk of the court of common pleas	160
shall include in the report and summary the clerk sends under this	161
division all information described in divisions (A)(2)(a) to (f)	162
of this section regarding a case before the court of appeals that	163
is served by that clerk. The summary shall be written on the	164
standard forms furnished by the superintendent pursuant to	165
division (B) of this section and shall include the following	166
information:	167

(a) The incident tracking number contained on the standard	168
forms furnished by the superintendent pursuant to division (B) of	169
this section;	170

(b) The style and number of the case;

171

172

(d) The date that the person was convicted of or pleaded	173
guilty to the offense, adjudicated a delinquent child for	174
committing the act that would be a felony or an offense of	175
violence if committed by an adult, found not guilty of the	176
offense, or found not to be a delinquent child for committing an	177
act that would be a felony or an offense of violence if committed	178
by an adult, the date of an entry dismissing the charge, an entry	179
declaring a mistrial of the offense in which the person is	180
discharged, an entry finding that the person or child is not	181
competent to stand trial, or an entry of a nolle prosequi, or the	182
date of any other determination that constitutes final resolution	183
of the case;	184

(e) A statement of the original charge with the section of	185
the Revised Code that was alleged to be violated;	186

(f) If the person or child was convicted, pleaded guilty, or	187
was adjudicated a delinquent child, the sentence or terms of	188
probation imposed or any other disposition of the offender or the	189
delinquent child.	190

If the offense involved the disarming of a law enforcement	191
officer or an attempt to disarm a law enforcement officer, the	192
clerk shall clearly state that fact in the summary, and the	193
superintendent shall ensure that a clear statement of that fact is	194
placed in the bureau's records.	195

(3) The superintendent shall cooperate with and assist	196
sheriffs, chiefs of police, and other law enforcement officers in	197
the establishment of a complete system of criminal identification	198
and in obtaining fingerprints and other means of identification of	199
all persons arrested on a charge of a felony, any crime	200
constituting a misdemeanor on the first offense and a felony on	201
subsequent offenses, or a misdemeanor described in division	202
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	203
Revised Code and of all children under eighteen years of age	204
arrested or otherwise taken into custody for committing an act	205
that would be a felony or an offense of violence if committed by	206
an adult. The superintendent also shall file for record the	207
fingerprint impressions of all persons confined in a county,	208
multicounty, municipal, municipal-county, or multicounty-municipal	209
jail or workhouse, community-based correctional facility, halfway	210
house, alternative residential facility, or state correctional	211
institution for the violation of state laws and of all children	212
under eighteen years of age who are confined in a county,	213
multicounty, municipal, municipal-county, or multicounty-municipal	214
jail or workhouse, community-based correctional facility, halfway	215
house, alternative residential facility, or state correctional	216
institution or in any facility for delinquent children for	217
committing an act that would be a felony or an offense of violence	218
if committed by an adult, and any other information that the	219
superintendent may receive from law enforcement officials of the	220
state and its political subdivisions.	221

(4) The superintendent shall carry out Chapter 2950. of the	222
Revised Code with respect to the registration of persons who are	223
convicted of or plead guilty to a sexually oriented offense or a	224
child-victim oriented offense and with respect to all other duties	225
imposed on the bureau under that chapter.	226

(5) The bureau shall perform centralized recordkeeping	227
functions for criminal history records and services in this state	228
for purposes of the national crime prevention and privacy compact	229
set forth in section 109.571 of the Revised Code and is the	230
criminal history record repository as defined in that section for	231
purposes of that compact. The superintendent or the	232
superintendent's designee is the compact officer for purposes of	233
that compact and shall carry out the responsibilities of the	234
compact officer specified in that compact.	235

(B) The superintendent shall prepare and furnish to every	236
county, multicounty, municipal, municipal-county, or	237
multicounty-municipal jail or workhouse, community-based	238
correctional facility, halfway house, alternative residential	239
facility, or state correctional institution and to every clerk of	240
a court in this state specified in division (A)(2) of this section	241
standard forms for reporting the information required under	242
division (A) of this section. The standard forms that the	243
superintendent prepares pursuant to this division may be in a	244
tangible format, in an electronic format, or in both tangible	245
formats and electronic formats.	246

(C)(1) The superintendent may operate a center for	247
electronic, automated, or other data processing for the storage	248
and retrieval of information, data, and statistics pertaining to	249
criminals and to children under eighteen years of age who are	250
adjudicated delinquent children for committing an act that would	251
be a felony or an offense of violence if committed by an adult,	252
criminal activity, crime prevention, law enforcement, and criminal	253
justice, and may establish and operate a statewide communications	254
network to be known as the Ohio law enforcement gateway to gather	255
and disseminate information, data, and statistics for the use of	256
law enforcement agencies and for other uses specified in this	257
division. The superintendent may gather, store, retrieve, and	258
disseminate information, data, and statistics that pertain to	259
children who are under eighteen years of age and that are gathered	260
pursuant to sections 109.57 to 109.61 of the Revised Code together	261
with information, data, and statistics that pertain to adults and	262
that are gathered pursuant to those sections.	263

(2) The superintendent or the superintendent's designee shall	264
gather information of the nature described in division (C)(1) of	265
this section that pertains to the offense and delinquency history	266
of a person who has been convicted of, pleaded guilty to, or been	267
adjudicated a delinquent child for committing a sexually oriented	268
offense or a child-victim oriented offense for inclusion in the	269
state registry of sex offenders and child-victim offenders	270
maintained pursuant to division (A)(1) of section 2950.13 of the	271
Revised Code and in the internet database operated pursuant to	272
division (A)(13) of that section and for possible inclusion in the	273
internet database operated pursuant to division (A)(11) of that	274
section.	275

(3) In addition to any other authorized use of information,	276
data, and statistics of the nature described in division (C)(1) of	277
this section, the superintendent or the superintendent's designee	278
may provide and exchange the information, data, and statistics	279
pursuant to the national crime prevention and privacy compact as	280
described in division (A)(5) of this section.	281

(4) The attorney general may adopt rules under Chapter 119.	282
of the Revised Code establishing guidelines for the operation of	283
and participation in the Ohio law enforcement gateway. The rules	284
may include criteria for granting and restricting access to	285
information gathered and disseminated through the Ohio law	286
enforcement gateway. The attorney general shall permit the state	287
medical board and board of nursing to access and view, but not	288
alter, information gathered and disseminated through the Ohio law	289
enforcement gateway.	290

The attorney general may appoint a steering committee to	291
advise the attorney general in the operation of the Ohio law	292
enforcement gateway that is comprised of persons who are	293
representatives of the criminal justice agencies in this state	294
that use the Ohio law enforcement gateway and is chaired by the	295
superintendent or the superintendent's designee.	296

(D)(1) The following are not public records under section	297
149.43 of the Revised Code:	298

(a) Information and materials furnished to the superintendent	299
pursuant to division (A) of this section;	300

(b) Information, data, and statistics gathered or	301
disseminated through the Ohio law enforcement gateway pursuant to	302
division (C)(1) of this section;	303

(c) Information and materials furnished to any board or	304
person under division (F) or (G) of this section.	305

(2) The superintendent or the superintendent's designee shall	306
gather and retain information so furnished under division (A) of	307
this section that pertains to the offense and delinquency history	308
of a person who has been convicted of, pleaded guilty to, or been	309
adjudicated a delinquent child for committing a sexually oriented	310
offense or a child-victim oriented offense for the purposes	311
described in division (C)(2) of this section.	312

(E)(1) The attorney general shall adopt rules, in accordance	313
with Chapter 119. of the Revised Code and subject to division	314
(E)(2) of this section, setting forth the procedure by which a	315
person may receive or release information gathered by the	316
superintendent pursuant to division (A) of this section. A	317
reasonable fee may be charged for this service. If a temporary	318
employment service submits a request for a determination of	319
whether a person the service plans to refer to an employment	320
position has been convicted of or pleaded guilty to an offense	321
listed in division (A)(1), (3), (4), (5), or (6) of section	322
109.572 of the Revised Code, the request shall be treated as a	323
single request and only one fee shall be charged.	324

(2) Except as otherwise provided in this division, a rule	325
adopted under division (E)(1) of this section may provide only for	326
the release of information gathered pursuant to division (A) of	327
this section that relates to the conviction of a person, or a	328
person's plea of guilty to, a criminal offense. The superintendent	329
shall not release, and the attorney general shall not adopt any	330
rule under division (E)(1) of this section that permits the	331
release of, any information gathered pursuant to division (A) of	332
this section that relates to an adjudication of a child as a	333
delinquent child, or that relates to a criminal conviction of a	334
person under eighteen years of age if the person's case was	335
transferred back to a juvenile court under division (B)(2) or (3)	336
of section 2152.121 of the Revised Code and the juvenile court	337
imposed a disposition or serious youthful offender disposition	338
upon the person under either division, unless either of the	339
following applies with respect to the adjudication or conviction:	340

(a) The adjudication or conviction was for a violation of	341
section 2903.01 or 2903.02 of the Revised Code.	342

(b) The adjudication or conviction was for a sexually	343
oriented offense, the juvenile court was required to classify the	344
child a juvenile offender registrant for that offense under	345
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	346
classification has not been removed.	347

(F)(1) As used in division (F)(2) of this section, "head	348
start agency" means an entity in this state that has been approved	349
to be an agency for purposes of subchapter II of the "Community	350
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	351
as amended.	352

(2)(a) In addition to or in conjunction with any request that	353
is required to be made under section 109.572, 2151.86, 3301.32,	354
3301.541, division (C) of section 3310.58, or section 3319.39,	355
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	356
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made	357
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the	358
Revised Code, the board of education of any school district; the	359
director of developmental disabilities; any county board of	360
developmental disabilities; any entity under contract with a	361
county board of developmental disabilities; the chief	362
administrator of any chartered nonpublic school; the chief	363
administrator of a registered private provider that is not also a	364
chartered nonpublic school; the chief administrator of any home	365
health agency; the chief administrator of or person operating any	366
child day-care center, type A family day-care home, or type B	367
family day-care home licensed or certified under Chapter 5104. of	368
the Revised Code; the administrator of any type C family day-care	369
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	370
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	371
general assembly; the chief administrator of any head start	372
agency; the executive director of a public children services	373
agency; a private company described in section 3314.41, 3319.392,	374
3326.25, or 3328.20 of the Revised Code; or an employer described	375
in division (J)(2) of section 3327.10 of the Revised Code may	376
request that the superintendent of the bureau investigate and	377
determine, with respect to any individual who has applied for	378
employment in any position after October 2, 1989, or any	379
individual wishing to apply for employment with a board of	380
education may request, with regard to the individual, whether the	381
bureau has any information gathered under division (A) of this	382
section that pertains to that individual. On receipt of the	383
request, subject to division (E)(2) of this section, the	384
superintendent shall determine whether that information exists	385
and, upon request of the person, board, or entity requesting	386
information, also shall request from the federal bureau of	387
investigation any criminal records it has pertaining to that	388
individual. The superintendent or the superintendent's designee	389
also may request criminal history records from other states or the	390
federal government pursuant to the national crime prevention and	391
privacy compact set forth in section 109.571 of the Revised Code.	392
Within thirty days of the date that the superintendent receives a	393
request, subject to division (E)(2) of this section, the	394
superintendent shall send to the board, entity, or person a report	395
of any information that the superintendent determines exists,	396
including information contained in records that have been sealed	397
under section 2953.32 of the Revised Code, and, within thirty days	398
of its receipt, subject to division (E)(2) of this section, shall	399
send the board, entity, or person a report of any information	400
received from the federal bureau of investigation, other than	401
information the dissemination of which is prohibited by federal	402
law.	403

(b) When a board of education or a registered private	404
provider is required to receive information under this section as	405
a prerequisite to employment of an individual pursuant to division	406
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	407
may accept a certified copy of records that were issued by the	408
bureau of criminal identification and investigation and that are	409
presented by an individual applying for employment with the	410
district in lieu of requesting that information itself. In such a	411
case, the board shall accept the certified copy issued by the	412
bureau in order to make a photocopy of it for that individual's	413
employment application documents and shall return the certified	414
copy to the individual. In a case of that nature, a district or	415
provider only shall accept a certified copy of records of that	416
nature within one year after the date of their issuance by the	417
bureau.	418

(c) Notwithstanding division (F)(2)(a) of this section, in	419
the case of a request under section 3319.39, 3319.391, or 3327.10	420
of the Revised Code only for criminal records maintained by the	421
federal bureau of investigation, the superintendent shall not	422
determine whether any information gathered under division (A) of	423
this section exists on the person for whom the request is made.	424

(3) The state board of education may request, with respect to	425
any individual who has applied for employment after October 2,	426
1989, in any position with the state board or the department of	427
education, any information that a school district board of	428
education is authorized to request under division (F)(2) of this	429
section, and the superintendent of the bureau shall proceed as if	430
the request has been received from a school district board of	431
education under division (F)(2) of this section.	432

(4) When the superintendent of the bureau receives a request	433
for information under section 3319.291 of the Revised Code, the	434
superintendent shall proceed as if the request has been received	435
from a school district board of education and shall comply with	436
divisions (F)(2)(a) and (c) of this section.	437

(5) When a recipient of a classroom reading improvement grant	438
paid under section 3301.86 of the Revised Code requests, with	439
respect to any individual who applies to participate in providing	440
any program or service funded in whole or in part by the grant,	441
the information that a school district board of education is	442
authorized to request under division (F)(2)(a) of this section,	443
the superintendent of the bureau shall proceed as if the request	444
has been received from a school district board of education under	445
division (F)(2)(a) of this section.	446

(G) In addition to or in conjunction with any request that is	447
required to be made under section 3701.881, 3712.09, 3721.121,	448
5119.693, or 5119.85 of the Revised Code with respect to an	449
individual who has applied for employment in a position that	450
involves providing direct care to an older adult or adult	451
resident, the chief administrator of a home health agency, hospice	452
care program, home licensed under Chapter 3721. of the Revised	453
Code, adult day-care program operated pursuant to rules adopted	454
under section 3721.04 of the Revised Code, adult foster home, or	455
adult care facility may request that the superintendent of the	456
bureau investigate and determine, with respect to any individual	457
who has applied after January 27, 1997, for employment in a	458
position that does not involve providing direct care to an older	459
adult or adult resident, whether the bureau has any information	460
gathered under division (A) of this section that pertains to that	461
individual.	462

In addition to or in conjunction with any request that is	463
required to be made under section 173.27 of the Revised Code with	464
respect to an individual who has applied for employment in a	465
position that involves providing ombudsperson services to	466
residents of long-term care facilities or recipients of	467
community-based long-term care services, the state long-term care	468
ombudsperson, ombudsperson's designee, or director of health may	469
request that the superintendent investigate and determine, with	470
respect to any individual who has applied for employment in a	471
position that does not involve providing such ombudsperson	472
services, whether the bureau has any information gathered under	473
division (A) of this section that pertains to that applicant.	474

In addition to or in conjunction with any request that is	475
required to be made under section 173.394 of the Revised Code with	476
respect to an individual who has applied for employment in a	477
position that involves providing direct care to an individual, the	478
chief administrator of a community-based long-term care agency may	479
request that the superintendent investigate and determine, with	480
respect to any individual who has applied for employment in a	481
position that does not involve providing direct care, whether the	482
bureau has any information gathered under division (A) of this	483
section that pertains to that applicant.	484

On receipt of a request under this division, the	485
superintendent shall determine whether that information exists	486
and, on request of the individual requesting information, shall	487
also request from the federal bureau of investigation any criminal	488
records it has pertaining to the applicant. The superintendent or	489
the superintendent's designee also may request criminal history	490
records from other states or the federal government pursuant to	491
the national crime prevention and privacy compact set forth in	492
section 109.571 of the Revised Code. Within thirty days of the	493
date a request is received, subject to division (E)(2) of this	494
section, the superintendent shall send to the requester a report	495
of any information determined to exist, including information	496
contained in records that have been sealed under section 2953.32	497
of the Revised Code, and, within thirty days of its receipt, shall	498
send the requester a report of any information received from the	499
federal bureau of investigation, other than information the	500
dissemination of which is prohibited by federal law.	501

(H) Information obtained by a government entity or person	502
under this section is confidential and shall not be released or	503
disseminated.	504

(I) The superintendent may charge a reasonable fee for	505
providing information or criminal records under division (F)(2) or	506
(G) of this section.	507

(J) As used in this section:

508

(1) "Sexually oriented offense" and "child-victim oriented	509
offense" have the same meanings as in section 2950.01 of the	510
Revised Code.	511

(2) "Registered private provider" means a nonpublic school or	512
entity registered with the superintendent of public instruction	513
under section 3310.41 of the Revised Code to participate in the	514
autism scholarship program or section 3310.58 of the Revised Code	515
to participate in the Jon Peterson special needs scholarship	516
program.	517

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	518
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	519
a completed form prescribed pursuant to division (C)(1) of this	520
section, and a set of fingerprint impressions obtained in the	521
manner described in division (C)(2) of this section, the	522
superintendent of the bureau of criminal identification and	523
investigation shall conduct a criminal records check in the manner	524
described in division (B) of this section to determine whether any	525
information exists that indicates that the person who is the	526
subject of the request previously has been convicted of or pleaded	527
guilty to any of the following:	528

(a) A violation of section 2903.01, 2903.02, 2903.03,	529
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	530
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	531
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	532
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	533
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	534
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	535
2925.06, or 3716.11 of the Revised Code, felonious sexual	536
penetration in violation of former section 2907.12 of the Revised	537
Code, a violation of section 2905.04 of the Revised Code as it	538
existed prior to July 1, 1996, a violation of section 2919.23 of	539
the Revised Code that would have been a violation of section	540
2905.04 of the Revised Code as it existed prior to July 1, 1996,	541
had the violation been committed prior to that date, or a	542
violation of section 2925.11 of the Revised Code that is not a	543
minor drug possession offense;	544

(b) A violation of an existing or former law of this state,	545
any other state, or the United States that is substantially	546
equivalent to any of the offenses listed in division (A)(1)(a) of	547
this section.	548

(2) On receipt of a request pursuant to section 5123.081 of	549
the Revised Code with respect to an applicant for employment in	550
any position with the department of developmental disabilities,	551
pursuant to section 5126.28 of the Revised Code with respect to an	552
applicant for employment in any position with a county board of	553
developmental disabilities, or pursuant to section 5126.281 of the	554
Revised Code with respect to an applicant for employment in a	555
direct services position with an entity contracting with a county	556
board for employment, a completed form prescribed pursuant to	557
division (C)(1) of this section, and a set of fingerprint	558
impressions obtained in the manner described in division (C)(2) of	559
this section, the superintendent of the bureau of criminal	560
identification and investigation shall conduct a criminal records	561
check. The superintendent shall conduct the criminal records check	562
in the manner described in division (B) of this section to	563
determine whether any information exists that indicates that the	564
person who is the subject of the request has been convicted of or	565
pleaded guilty to any of the following:	566

(a) A violation of section 2903.01, 2903.02, 2903.03,	567
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	568
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	569
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	570
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	571
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	572
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	573
2925.03, or 3716.11 of the Revised Code;	574

(b) An existing or former municipal ordinance or law of this	575
state, any other state, or the United States that is substantially	576
equivalent to any of the offenses listed in division (A)(2)(a) of	577
this section.	578

(3) On receipt of a request pursuant to section 173.27,	579
173.394, 3712.09, 3721.121, 5119.693, or 5119.85 of the Revised	580
Code, a completed form prescribed pursuant to division (C)(1) of	581
this section, and a set of fingerprint impressions obtained in the	582
manner described in division (C)(2) of this section, the	583
superintendent of the bureau of criminal identification and	584
investigation shall conduct a criminal records check with respect	585
to any person who has applied for employment in a position for	586
which a criminal records check is required by those sections. The	587
superintendent shall conduct the criminal records check in the	588
manner described in division (B) of this section to determine	589
whether any information exists that indicates that the person who	590
is the subject of the request previously has been convicted of or	591
pleaded guilty to any of the following:	592

(a) A violation of section 2903.01, 2903.02, 2903.03,	593
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	594
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	595
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	596
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	597
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	598
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	599
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	600
2925.22, 2925.23, or 3716.11 of the Revised Code;	601

(b) An existing or former law of this state, any other state,	602
or the United States that is substantially equivalent to any of	603
the offenses listed in division (A)(3)(a) of this section.	604

(4) On receipt of a request pursuant to section 3701.881 of	605
the Revised Code with respect to an applicant for employment with	606
a home health agency as a person responsible for the care,	607
custody, or control of a child, a completed form prescribed	608
pursuant to division (C)(1) of this section, and a set of	609
fingerprint impressions obtained in the manner described in	610
division (C)(2) of this section, the superintendent of the bureau	611
of criminal identification and investigation shall conduct a	612
criminal records check. The superintendent shall conduct the	613
criminal records check in the manner described in division (B) of	614
this section to determine whether any information exists that	615
indicates that the person who is the subject of the request	616
previously has been convicted of or pleaded guilty to any of the	617
following:	618

(a) A violation of section 2903.01, 2903.02, 2903.03,	619
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	620
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	621
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	622
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	623
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	624
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	625
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	626
violation of section 2925.11 of the Revised Code that is not a	627
minor drug possession offense;	628

(b) An existing or former law of this state, any other state,	629
or the United States that is substantially equivalent to any of	630
the offenses listed in division (A)(4)(a) of this section.	631

(5) On receipt of a request pursuant to section 5111.032,	632
5111.033, or 5111.034 of the Revised Code, a completed form	633
prescribed pursuant to division (C)(1) of this section, and a set	634
of fingerprint impressions obtained in the manner described in	635
division (C)(2) of this section, the superintendent of the bureau	636
of criminal identification and investigation shall conduct a	637
criminal records check. The superintendent shall conduct the	638
criminal records check in the manner described in division (B) of	639
this section to determine whether any information exists that	640
indicates that the person who is the subject of the request	641
previously has been convicted of, has pleaded guilty to, or has	642
been found eligible for intervention in lieu of conviction for any	643
of the following, regardless of the date of the conviction, the	644
date of entry of the guilty plea, or the date the person was found	645
eligible for intervention in lieu of conviction:	646

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	647
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	648
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	649
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	650
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	651
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	652
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	653
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	654
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	655
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	656
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	657
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	658
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	659
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	660
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141,	661
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code,	662
felonious sexual penetration in violation of former section	663
2907.12 of the Revised Code, a violation of section 2905.04 of the	664
Revised Code as it existed prior to July 1, 1996, a violation of	665
section 2919.23 of the Revised Code that would have been a	666
violation of section 2905.04 of the Revised Code as it existed	667
prior to July 1, 1996, had the violation been committed prior to	668
that date;	669

(b) A violation of an existing or former municipal ordinance	670
or law of this state, any other state, or the United States that	671
is substantially equivalent to any of the offenses listed in	672
division (A)(5)(a) of this section.	673

(6) On receipt of a request pursuant to section 3701.881 of	674
the Revised Code with respect to an applicant for employment with	675
a home health agency in a position that involves providing direct	676
care to an older adult, a completed form prescribed pursuant to	677
division (C)(1) of this section, and a set of fingerprint	678
impressions obtained in the manner described in division (C)(2) of	679
this section, the superintendent of the bureau of criminal	680
identification and investigation shall conduct a criminal records	681
check. The superintendent shall conduct the criminal records check	682
in the manner described in division (B) of this section to	683
determine whether any information exists that indicates that the	684
person who is the subject of the request previously has been	685
convicted of or pleaded guilty to any of the following:	686

(a) A violation of section 2903.01, 2903.02, 2903.03,	687
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	688
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	689
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	690
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	691
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	692
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	693
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	694
2925.22, 2925.23, or 3716.11 of the Revised Code;	695

(b) An existing or former law of this state, any other state,	696
or the United States that is substantially equivalent to any of	697
the offenses listed in division (A)(6)(a) of this section.	698

(7) When conducting a criminal records check upon a request	699
pursuant to section 3319.39 of the Revised Code for an applicant	700
who is a teacher, in addition to the determination made under	701
division (A)(1) of this section, the superintendent shall	702
determine whether any information exists that indicates that the	703
person who is the subject of the request previously has been	704
convicted of or pleaded guilty to any offense specified in section	705
3319.31 of the Revised Code.	706

(8) On receipt of a request pursuant to section 2151.86 of	707
the Revised Code, a completed form prescribed pursuant to division	708
(C)(1) of this section, and a set of fingerprint impressions	709
obtained in the manner described in division (C)(2) of this	710
section, the superintendent of the bureau of criminal	711
identification and investigation shall conduct a criminal records	712
check in the manner described in division (B) of this section to	713
determine whether any information exists that indicates that the	714
person who is the subject of the request previously has been	715
convicted of or pleaded guilty to any of the following:	716

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	717
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	718
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	719
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	720
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	721
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	722
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	723
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	724
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	725
of the Revised Code, a violation of section 2905.04 of the Revised	726
Code as it existed prior to July 1, 1996, a violation of section	727
2919.23 of the Revised Code that would have been a violation of	728
section 2905.04 of the Revised Code as it existed prior to July 1,	729
1996, had the violation been committed prior to that date, a	730
violation of section 2925.11 of the Revised Code that is not a	731
minor drug possession offense, two or more OVI or OVUAC violations	732
committed within the three years immediately preceding the	733
submission of the application or petition that is the basis of the	734
request, or felonious sexual penetration in violation of former	735
section 2907.12 of the Revised Code;	736

(b) A violation of an existing or former law of this state,	737
any other state, or the United States that is substantially	738
equivalent to any of the offenses listed in division (A)(8)(a) of	739
this section.	740

(9) Upon receipt of a request pursuant to section 5104.012 or	741
5104.013 of the Revised Code, a completed form prescribed pursuant	742
to division (C)(1) of this section, and a set of fingerprint	743
impressions obtained in the manner described in division (C)(2) of	744
this section, the superintendent of the bureau of criminal	745
identification and investigation shall conduct a criminal records	746
check in the manner described in division (B) of this section to	747
determine whether any information exists that indicates that the	748
person who is the subject of the request has been convicted of or	749
pleaded guilty to any of the following:	750

(a) A violation of section 2903.01, 2903.02, 2903.03,	751
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	752
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	753
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	754
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	755
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	756
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	757
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	758
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	759
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	760
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	761
3716.11 of the Revised Code, felonious sexual penetration in	762
violation of former section 2907.12 of the Revised Code, a	763
violation of section 2905.04 of the Revised Code as it existed	764
prior to July 1, 1996, a violation of section 2919.23 of the	765
Revised Code that would have been a violation of section 2905.04	766
of the Revised Code as it existed prior to July 1, 1996, had the	767
violation been committed prior to that date, a violation of	768
section 2925.11 of the Revised Code that is not a minor drug	769
possession offense, a violation of section 2923.02 or 2923.03 of	770
the Revised Code that relates to a crime specified in this	771
division, or a second violation of section 4511.19 of the Revised	772
Code within five years of the date of application for licensure or	773
certification.	774

(b) A violation of an existing or former law of this state,	775
any other state, or the United States that is substantially	776
equivalent to any of the offenses or violations described in	777
division (A)(9)(a) of this section.	778

(10) Upon receipt of a request pursuant to section 5153.111	779
of the Revised Code, a completed form prescribed pursuant to	780
division (C)(1) of this section, and a set of fingerprint	781
impressions obtained in the manner described in division (C)(2) of	782
this section, the superintendent of the bureau of criminal	783
identification and investigation shall conduct a criminal records	784
check in the manner described in division (B) of this section to	785
determine whether any information exists that indicates that the	786
person who is the subject of the request previously has been	787
convicted of or pleaded guilty to any of the following:	788

(a) A violation of section 2903.01, 2903.02, 2903.03,	789
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	790
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	791
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	792
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	793
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	794
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	795
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	796
felonious sexual penetration in violation of former section	797
2907.12 of the Revised Code, a violation of section 2905.04 of the	798
Revised Code as it existed prior to July 1, 1996, a violation of	799
section 2919.23 of the Revised Code that would have been a	800
violation of section 2905.04 of the Revised Code as it existed	801
prior to July 1, 1996, had the violation been committed prior to	802
that date, or a violation of section 2925.11 of the Revised Code	803
that is not a minor drug possession offense;	804

(b) A violation of an existing or former law of this state,	805
any other state, or the United States that is substantially	806
equivalent to any of the offenses listed in division (A)(10)(a) of	807
this section.	808

(11) On receipt of a request for a criminal records check	809
from an individual pursuant to section 4749.03 or 4749.06 of the	810
Revised Code, accompanied by a completed copy of the form	811
prescribed in division (C)(1) of this section and a set of	812
fingerprint impressions obtained in a manner described in division	813
(C)(2) of this section, the superintendent of the bureau of	814
criminal identification and investigation shall conduct a criminal	815
records check in the manner described in division (B) of this	816
section to determine whether any information exists indicating	817
that the person who is the subject of the request has been	818
convicted of or pleaded guilty to a felony in this state or in any	819
other state. If the individual indicates that a firearm will be	820
carried in the course of business, the superintendent shall	821
require information from the federal bureau of investigation as	822
described in division (B)(2) of this section. ~~The~~Subject to	823
division (F) of this section, the superintendent shall report the	824
findings of the criminal records check and any information the	825
federal bureau of investigation provides to the director of public	826
safety.	827

(12) On receipt of a request pursuant to section 1321.37,	828
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	829
Code, a completed form prescribed pursuant to division (C)(1) of	830
this section, and a set of fingerprint impressions obtained in the	831
manner described in division (C)(2) of this section, the	832
superintendent of the bureau of criminal identification and	833
investigation shall conduct a criminal records check with respect	834
to any person who has applied for a license, permit, or	835
certification from the department of commerce or a division in the	836
department. The superintendent shall conduct the criminal records	837
check in the manner described in division (B) of this section to	838
determine whether any information exists that indicates that the	839
person who is the subject of the request previously has been	840
convicted of or pleaded guilty to any of the following: a	841
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	842
2925.03 of the Revised Code; any other criminal offense involving	843
theft, receiving stolen property, embezzlement, forgery, fraud,	844
passing bad checks, money laundering, or drug trafficking, or any	845
criminal offense involving money or securities, as set forth in	846
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	847
the Revised Code; or any existing or former law of this state, any	848
other state, or the United States that is substantially equivalent	849
to those offenses.	850

(13) On receipt of a request for a criminal records check	851
from the treasurer of state under section 113.041 of the Revised	852
Code or from an individual under section 4701.08, 4715.101,	853
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	854
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	855
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	856
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	857
4762.031, 4762.06, 4776.021, or 4779.091 of the Revised Code,	858
accompanied by a completed form prescribed under division (C)(1)	859
of this section and a set of fingerprint impressions obtained in	860
the manner described in division (C)(2) of this section, the	861
superintendent of the bureau of criminal identification and	862
investigation shall conduct a criminal records check in the manner	863
described in division (B) of this section to determine whether any	864
information exists that indicates that the person who is the	865
subject of the request has been convicted of or pleaded guilty to	866
any criminal offense in this state or any other state. ~~The~~Subject	867
to division (F) of this section, the superintendent shall send the	868
results of a check requested under section 113.041 of the Revised	869
Code to the treasurer of state and shall send the results of a	870
check requested under any of the other listed sections to the	871
licensing board specified by the individual in the request.	872

(14) On receipt of a request pursuant to section 1121.23,	873
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	874
Code, a completed form prescribed pursuant to division (C)(1) of	875
this section, and a set of fingerprint impressions obtained in the	876
manner described in division (C)(2) of this section, the	877
superintendent of the bureau of criminal identification and	878
investigation shall conduct a criminal records check in the manner	879
described in division (B) of this section to determine whether any	880
information exists that indicates that the person who is the	881
subject of the request previously has been convicted of or pleaded	882
guilty to any criminal offense under any existing or former law of	883
this state, any other state, or the United States.	884

(15) On receipt of a request for a criminal records check	885
from an appointing or licensing authority under section 3772.07 of	886
the Revised Code, a completed form prescribed under division	887
(C)(1) of this section, and a set of fingerprint impressions	888
obtained in the manner prescribed in division (C)(2) of this	889
section, the superintendent of the bureau of criminal	890
identification and investigation shall conduct a criminal records	891
check in the manner described in division (B) of this section to	892
determine whether any information exists that indicates that the	893
person who is the subject of the request previously has been	894
convicted of or pleaded guilty or no contest to any offense under	895
any existing or former law of this state, any other state, or the	896
United States that is a disqualifying offense as defined in	897
section 3772.07 of the Revised Code or substantially equivalent to	898
such an offense.	899

(16) ~~Not~~Subject to division (F) of this section, not later	900
than thirty days after the date the superintendent receives a	901
request of a type described in division (A)(1), (2), (3), (4),	902
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this	903
section, the completed form, and the fingerprint impressions, the	904
superintendent shall send the person, board, or entity that made	905
the request any information, other than information the	906
dissemination of which is prohibited by federal law, the	907
superintendent determines exists with respect to the person who is	908
the subject of the request that indicates that the person	909
previously has been convicted of or pleaded guilty to any offense	910
listed or described in division (A)(1), (2), (3), (4), (5), (6),	911
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as	912
appropriate. ~~The~~Subject to division (F) of this section, the	913
superintendent shall send the person, board, or entity that made	914
the request a copy of the list of offenses specified in division	915
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),	916
(14), or (15) of this section, as appropriate. If the request was	917
made under section 3701.881 of the Revised Code with regard to an	918
applicant who may be both responsible for the care, custody, or	919
control of a child and involved in providing direct care to an	920
older adult, the superintendent shall provide a list of the	921
offenses specified in divisions (A)(4) and (6) of this section.	922

~~Not~~Subject to division (F) of this section, not later than	923
thirty days after the superintendent receives a request for a	924
criminal records check pursuant to section 113.041 of the Revised	925
Code, the completed form, and the fingerprint impressions, the	926
superintendent shall send the treasurer of state any information,	927
other than information the dissemination of which is prohibited by	928
federal law, the superintendent determines exist with respect to	929
the person who is the subject of the request that indicates that	930
the person previously has been convicted of or pleaded guilty to	931
any criminal offense in this state or any other state.	932

(B) ~~The~~Subject to division (F) of this section, the	933
superintendent shall conduct any criminal records check requested	934
under section 113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03,	935
1163.05, 1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47,	936
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	937
3721.121, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121,	938
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	939
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	940
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	941
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	942
4776.021, 4779.091, 5104.012, 5104.013, 5111.032, 5111.033,	943
5111.034, 5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or	944
5153.111 of the Revised Code as follows:	945

(1) The superintendent shall review or cause to be reviewed	946
any relevant information gathered and compiled by the bureau under	947
division (A) of section 109.57 of the Revised Code that relates to	948
the person who is the subject of the request, including, if the	949
criminal records check was requested under section 113.041,	950
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	951
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	952
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	953
3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032,	954
5111.033, 5111.034, 5119.693, 5119.85, 5123.081, 5126.28,	955
5126.281, or 5153.111 of the Revised Code, any relevant	956
information contained in records that have been sealed under	957
section 2953.32 of the Revised Code;	958

(2) If the request received by the superintendent asks for	959
information from the federal bureau of investigation, the	960
superintendent shall request from the federal bureau of	961
investigation any information it has with respect to the person	962
who is the subject of the request, including fingerprint-based	963
checks of national crime information databases as described in 42	964
U.S.C. 671 if the request is made pursuant to section 2151.86,	965
5104.012, or 5104.013 of the Revised Code or if any other Revised	966
Code section requires fingerprint-based checks of that nature, and	967
shall review or cause to be reviewed any information the	968
superintendent receives from that bureau. If a request under	969
section 3319.39 of the Revised Code asks only for information from	970
the federal bureau of investigation, the superintendent shall not	971
conduct the review prescribed by division (B)(1) of this section.	972

(3) The superintendent or the superintendent's designee may	973
request criminal history records from other states or the federal	974
government pursuant to the national crime prevention and privacy	975
compact set forth in section 109.571 of the Revised Code.	976

(C)(1) The superintendent shall prescribe a form to obtain	977
the information necessary to conduct a criminal records check from	978
any person for whom a criminal records check is requested under	979
section 113.041 of the Revised Code or required by section 121.08,	980
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	981
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	982
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08,	983
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	984
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	985
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	986
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	987
4761.051, 4762.031, 4762.06, 4763.05, 4776.021, 4779.091,	988
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693,	989
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	990
Code. The form that the superintendent prescribes pursuant to this	991
division may be in a tangible format, in an electronic format, or	992
in both tangible and electronic formats.	993

(2) The superintendent shall prescribe standard impression	994
sheets to obtain the fingerprint impressions of any person for	995
whom a criminal records check is requested under section 113.041	996
of the Revised Code or required by section 121.08, 173.27,	997
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	998
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	999
3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101,	1000
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1001
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1002
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1003
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	1004
4761.051, 4762.031, 4762.06, 4763.05, 4776.021, 4779.091,	1005
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693,	1006
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	1007
Code. Any person for whom a records check is requested under or	1008
required by any of those sections shall obtain the fingerprint	1009
impressions at a county sheriff's office, municipal police	1010
department, or any other entity with the ability to make	1011
fingerprint impressions on the standard impression sheets	1012
prescribed by the superintendent. The office, department, or	1013
entity may charge the person a reasonable fee for making the	1014
impressions. The standard impression sheets the superintendent	1015
prescribes pursuant to this division may be in a tangible format,	1016
in an electronic format, or in both tangible and electronic	1017
formats.	1018

(3) Subject to division (D) of this section, the	1019
superintendent shall prescribe and charge a reasonable fee for	1020
providing a criminal records check requested under section	1021
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	1022
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	1023
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	1024
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	1025
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	1026
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	1027
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	1028
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4776.021,	1029
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	1030
5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the	1031
Revised Code. The person making a criminal records request under	1032
any of those sections shall pay the fee prescribed pursuant to	1033
this division. A person making a request under section 3701.881 of	1034
the Revised Code for a criminal records check for an applicant who	1035
may be both responsible for the care, custody, or control of a	1036
child and involved in providing direct care to an older adult	1037
shall pay one fee for the request. In the case of a request under	1038
section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or	1039
5111.032 of the Revised Code, the fee shall be paid in the manner	1040
specified in that section.	1041

(4) The superintendent of the bureau of criminal	1042
identification and investigation may prescribe methods of	1043
forwarding fingerprint impressions and information necessary to	1044
conduct a criminal records check, which methods shall include, but	1045
not be limited to, an electronic method.	1046

(D) A determination whether any information exists that	1047
indicates that a person previously has been convicted of or	1048
pleaded guilty to any offense listed or described in division	1049
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1050
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	1051
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15)	1052
of this section, or that indicates that a person previously has	1053
been convicted of or pleaded guilty to any criminal offense in	1054
this state or any other state regarding a criminal records check	1055
of a type described in division (A)(13) of this section, and that	1056
is made by the superintendent with respect to information	1057
considered in a criminal records check in accordance with this	1058
section is valid for the person who is the subject of the criminal	1059
records check for a period of one year from the date upon which	1060
the superintendent makes the determination. During the period in	1061
which the determination in regard to a person is valid, if another	1062
request under this section is made for a criminal records check	1063
for that person, the superintendent shall provide the information	1064
that is the basis for the superintendent's initial determination	1065
at a lower fee than the fee prescribed for the initial criminal	1066
records check.	1067

(E) When the superintendent receives a request for	1068
information from a registered private provider, the superintendent	1069
shall proceed as if the request was received from a school	1070
district board of education under section 3319.39 of the Revised	1071
Code. The superintendent shall apply division (A)(7) of this	1072
section to any such request for an applicant who is a teacher.	1073

(F)(1) All information regarding the results of a criminal	1074
records check conducted under this section that the superintendent	1075
reports or sends under division (A)(11), (13), or (16) of this	1076
section to the director of public safety, the treasurer of state,	1077
or the person, board, or entity that made the request for the	1078
criminal records check shall relate to the conviction of the	1079
subject person, or the subject person's plea of guilty to, a	1080
criminal offense.	1081

(2) Division (F)(1) of this section does not limit, restrict,	1082
or preclude the superintendent's release of information that	1083
relates to an adjudication of a child as a delinquent child, or	1084
that relates to a criminal conviction of a person under eighteen	1085
years of age if the person's case was transferred back to a	1086
juvenile court under division (B)(2) or (3) of section 2152.121 of	1087
the Revised Code and the juvenile court imposed a disposition or	1088
serious youthful offender disposition upon the person under either	1089
division, if either of the following applies with respect to the	1090
adjudication or conviction:	1091

(a) The adjudication or conviction was for a violation of	1092
section 2903.01 or 2903.02 of the Revised Code.	1093

(b) The adjudication or conviction was for a sexually	1094
oriented offense, as defined in section 2950.01 of the Revised	1095
Code, the juvenile court was required to classify the child a	1096
juvenile offender registrant for that offense under section	1097
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	1098
classification has not been removed.	1099

(G) As used in this section:

1100

(1) "Criminal records check" means any criminal records check	1101
conducted by the superintendent of the bureau of criminal	1102
identification and investigation in accordance with division (B)	1103
of this section.	1104

(2) "Minor drug possession offense" has the same meaning as	1105
in section 2925.01 of the Revised Code.	1106

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

1107

(4) "OVI or OVUAC violation" means a violation of section	1108
4511.19 of the Revised Code or a violation of an existing or	1109
former law of this state, any other state, or the United States	1110
that is substantially equivalent to section 4511.19 of the Revised	1111
Code.	1112

(5) "Registered private provider" means a nonpublic school or	1113
entity registered with the superintendent of public instruction	1114
under section 3310.41 of the Revised Code to participate in the	1115
autism scholarship program or section 3310.58 of the Revised Code	1116
to participate in the Jon Peterson special needs scholarship	1117
program.	1118

Sec. 109.578. (A) On receipt of a request pursuant to section	1119
505.381, 737.081, 737.221, or 4765.301 of the Revised Code, a	1120
completed form prescribed pursuant to division (C)(1) of this	1121
section, and a set of fingerprint impressions obtained in the	1122
manner described in division (C)(2) of this section, the	1123
superintendent of the bureau of criminal identification and	1124
investigation shall conduct a criminal records check in the manner	1125
described in division (B) of this section to determine whether any	1126
information exists that indicates that the person who is the	1127
subject of the request previously has been convicted of or pleaded	1128
guilty to any of the following:	1129

(1) A felony;

1130

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

1131

(3) A violation of an existing or former law of this state,	1132
any other state, or the United States that is substantially	1133
equivalent to any of the offenses listed in division (A)(1) or (2)	1134
of this section.	1135

(B) ~~The~~Subject to division (E) of this section, the	1136
superintendent shall conduct any criminal records check pursuant	1137
to division (A) of this section as follows:	1138

(1) The superintendent shall review or cause to be reviewed	1139
any relevant information gathered and compiled by the bureau under	1140
division (A) of section 109.57 of the Revised Code that relates to	1141
the person who is the subject of the request, including any	1142
relevant information contained in records that have been sealed	1143
under section 2953.32 of the Revised Code.	1144

(2) If the request received by the superintendent asks for	1145
information from the federal bureau of investigation, the	1146
superintendent shall request from the federal bureau of	1147
investigation any information it has with respect to the person	1148
who is the subject of the request and shall review or cause to be	1149
reviewed any information the superintendent receives from that	1150
bureau.	1151

(C)(1) The superintendent shall prescribe a form to obtain	1152
the information necessary to conduct a criminal records check from	1153
any person for whom a criminal records check is requested pursuant	1154
to section 505.381, 737.081, 737.221, or 4765.301 of the Revised	1155
Code. The form that the superintendent prescribes pursuant to this	1156
division may be in a tangible format, in an electronic format, or	1157
in both tangible and electronic formats.	1158

(2) The superintendent shall prescribe standard impression	1159
sheets to obtain the fingerprint impressions of any person for	1160
whom a criminal records check is requested pursuant to section	1161
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any	1162
person for whom a records check is requested pursuant to any of	1163
those sections shall obtain the fingerprint impressions at a	1164
county sheriff's office, a municipal police department, or any	1165
other entity with the ability to make fingerprint impressions on	1166
the standard impression sheets prescribed by the superintendent.	1167
The office, department, or entity may charge the person a	1168
reasonable fee for making the impressions. The standard impression	1169
sheets the superintendent prescribes pursuant to this division may	1170
be in a tangible format, in an electronic format, or in both	1171
tangible and electronic formats.	1172

(3) Subject to division (D) of this section, the	1173
superintendent shall prescribe and charge a reasonable fee for	1174
providing a criminal records check requested under section	1175
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The	1176
person making the criminal records request shall pay the fee	1177
prescribed pursuant to this division.	1178

(4) The superintendent may prescribe methods of forwarding	1179
fingerprint impressions and information necessary to conduct a	1180
criminal records check. The methods shall include, but are not	1181
limited to, an electronic method.	1182

(D) A determination whether any information exists that	1183
indicates that a person previously has been convicted of or	1184
pleaded guilty to any offense listed or described in division (A)	1185
of this section and that the superintendent made with respect to	1186
information considered in a criminal records check in accordance	1187
with this section is valid for the person who is the subject of	1188
the criminal records check for a period of one year from the date	1189
upon which the superintendent makes the determination. During the	1190
period in which the determination in regard to a person is valid,	1191
if another request under this section is made for a criminal	1192
records check for that person, the superintendent shall provide	1193
the information that is the basis for the superintendent's initial	1194
determination at a lower fee than the fee prescribed for the	1195
initial criminal records check.	1196

(E)(1) All information regarding the results of a criminal	1197
records check conducted under this section that the superintendent	1198
reports or sends under this section to the person, board, or	1199
entity that made the request for the criminal records check shall	1200
relate to the conviction of the subject person, or the subject	1201
person's plea of guilty to, a criminal offense.	1202

(2) Division (E)(1) of this section does not limit, restrict,	1203
or preclude the superintendent's release of information that	1204
relates to an adjudication of a child as a delinquent child, or	1205
that relates to a criminal conviction of a person under eighteen	1206
years of age if the person's case was transferred back to a	1207
juvenile court under division (B)(2) or (3) of section 2152.121 of	1208
the Revised Code and the juvenile court imposed a disposition or	1209
serious youthful offender disposition upon the person under either	1210
division, if either of the following applies with respect to the	1211
adjudication or conviction:	1212

(a) The adjudication or conviction was for a violation of	1213
section 2903.01 or 2903.02 of the Revised Code.	1214

(b) The adjudication or conviction was for a sexually	1215
oriented offense, as defined in section 2950.01 of the Revised	1216
Code, the juvenile court was required to classify the child a	1217
juvenile offender registrant for that offense under section	1218
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	1219
classification has not been removed.	1220

(F) As used in this section, "criminal records check" means	1221
any criminal records check conducted by the superintendent of the	1222
bureau of criminal identification and investigation in accordance	1223
with division (B) of this section.	1224

Sec. 2151.356. (A) The records of a case in which a person	1225
was adjudicated a delinquent child for committing a violation of	1226
section 2903.01, 2903.02, or 2907.02~~, 2907.03, or 2907.05~~ of the	1227
Revised Code shall not be sealed under this section.	1228

(B)(1) The juvenile court shall promptly order the immediate	1229
sealing of records pertaining to a juvenile in any of the	1230
following circumstances:	1231

(a) If the court receives a record from a public office or	1232
agency under division (B)(2) of this section;	1233

(b) If a person was brought before or referred to the court	1234
for allegedly committing a delinquent or unruly act and the case	1235
was resolved without the filing of a complaint against the person	1236
with respect to that act pursuant to section 2151.27 of the	1237
Revised Code;	1238

(c) If a person was charged with violating division (E)(1) of	1239
section 4301.69 of the Revised Code and the person has	1240
successfully completed a diversion program under division	1241
(E)(2)(a) of section 4301.69 of the Revised Code with respect to	1242
that charge;	1243

(d) If a complaint was filed against a person alleging that	1244
the person was a delinquent child, an unruly child, or a juvenile	1245
traffic offender and the court dismisses the complaint after a	1246
trial on the merits of the case or finds the person not to be a	1247
delinquent child, an unruly child, or a juvenile traffic offender;	1248

(e) Notwithstanding division (C) of this section and subject	1249
to section 2151.358 of the Revised Code, if a person has been	1250
adjudicated an unruly child, that person has attained eighteen	1251
years of age, and the person is not under the jurisdiction of the	1252
court in relation to a complaint alleging the person to be a	1253
delinquent child.	1254

(2) The appropriate public office or agency shall immediately	1255
deliver all original records at that public office or agency	1256
pertaining to a juvenile to the court, if the person was arrested	1257
or taken into custody for allegedly committing a delinquent or	1258
unruly act, no complaint was filed against the person with respect	1259
to the commission of the act pursuant to section 2151.27 of the	1260
Revised Code, and the person was not brought before or referred to	1261
the court for the commission of the act. The records delivered to	1262
the court as required under this division shall not include	1263
fingerprints, DNA specimens, and DNA records described under	1264
division (A)(3) of section 2151.357 of the Revised Code.	1265

(C)(1) The juvenile court shall consider the sealing of	1266
records pertaining to a juvenile upon the court's own motion or	1267
upon the application of a person if the person has been	1268
adjudicated a delinquent child for committing an act other than a	1269
violation of section 2903.01, 2903.02, or 2907.02~~, 2907.03, or~~	1270
~~2907.05~~ of the Revised Code, an unruly child, or a juvenile	1271
traffic offender and if, at the time of the motion or application,	1272
the person is not under the jurisdiction of the court in relation	1273
to a complaint alleging the person to be a delinquent child. The	1274
court shall not require a fee for the filing of the application.	1275
The motion or application may be made at any time after ~~two years~~	1276
~~after the later of~~six months after any of the following events	1277
occur:	1278

(a) The termination of any order made by the court in	1279
relation to the adjudication;	1280

(b) The unconditional discharge of the person from the	1281
department of youth services with respect to a dispositional order	1282
made in relation to the adjudication or from an institution or	1283
facility to which the person was committed pursuant to a	1284
dispositional order made in relation to the adjudication;	1285

(c) The court enters an order under section 2152.84 or	1286
2152.85 of the Revised Code that contains a determination that the	1287
child is no longer a juvenile offender registrant.	1288

(2) In making the determination whether to seal records	1289
pursuant to division (C)(1) of this section, all of the following	1290
apply:	1291

(a) The court may require a person filing an application	1292
under division (C)(1) of this section to submit any relevant	1293
documentation to support the application.	1294

(b) The court may cause an investigation to be made to	1295
determine if the person who is the subject of the proceedings has	1296
been rehabilitated to a satisfactory degree.	1297

(c) The court shall promptly notify the prosecuting attorney	1298
of any proceedings to seal records initiated pursuant to division	1299
(C)(1) of this section.	1300

(d)(i) The prosecuting attorney may file a response with the	1301
court within thirty days of receiving notice of the sealing	1302
proceedings.	1303

(ii) If the prosecuting attorney does not file a response	1304
with the court or if the prosecuting attorney files a response but	1305
indicates that the prosecuting attorney does not object to the	1306
sealing of the records, the court may order the records of the	1307
person that are under consideration to be sealed without	1308
conducting a hearing on the motion or application. If the court	1309
decides in its discretion to conduct a hearing on the motion or	1310
application, the court shall conduct the hearing within thirty	1311
days after making that decision and shall give notice, by regular	1312
mail, of the date, time, and location of the hearing to the	1313
prosecuting attorney and to the person who is the subject of the	1314
records under consideration.	1315

(iii) If the prosecuting attorney files a response with the	1316
court that indicates that the prosecuting attorney objects to the	1317
sealing of the records, the court shall conduct a hearing on the	1318
motion or application within thirty days after the court receives	1319
the response. The court shall give notice, by regular mail, of the	1320
date, time, and location of the hearing to the prosecuting	1321
attorney and to the person who is the subject of the records under	1322
consideration.	1323

(e) After conducting a hearing in accordance with division	1324
(C)(2)(d) of this section or after due consideration when a	1325
hearing is not conducted, except as provided in division (B)(1)(c)	1326
of this section, the court may order the records of the person	1327
that are the subject of the motion or application to be sealed if	1328
it finds that the person has been rehabilitated to a satisfactory	1329
degree. In determining whether the person has been rehabilitated	1330
to a satisfactory degree, the court may consider all of the	1331
following:	1332

(i) The age of the person;

1333

(ii) The nature of the case;

1334

(iii) The cessation or continuation of delinquent, unruly, or	1335
criminal behavior;	1336

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

1337

(v) The granting of a new tier classification or	1338
declassification from the juvenile offender registry pursuant to	1339
section 2152.85 of the Revised Code, except for public	1340
registry-qualified juvenile offender registrants;	1341

(vi) Any other circumstances that may relate to the	1342
rehabilitation of the person who is the subject of the records	1343
under consideration.	1344

(D)(1)(a) The juvenile court shall provide verbal notice to a	1345
person whose records are sealed under division (B) of this	1346
section, if that person is present in the court at the time the	1347
court issues a sealing order, that explains what sealing a record	1348
means, states that the person may apply to have those records	1349
expunged under section 2151.358 of the Revised Code, and explains	1350
what expunging a record means.	1351

(b) The juvenile court shall provide written notice to a	1352
person whose records are sealed under division (B) of this section	1353
by regular mail to the person's last known address, if that person	1354
is not present in the court at the time the court issues a sealing	1355
order and if the court does not seal the person's record upon the	1356
court's own motion, that explains what sealing a record means,	1357
states that the person may apply to have those records expunged	1358
under section 2151.358 of the Revised Code, and explains what	1359
expunging a record means.	1360

(2) Upon final disposition of a case in which a person has	1361
been adjudicated a delinquent child for committing an act other	1362
than a violation of section 2903.01, 2903.02, or 2907.02~~, 2907.03,~~	1363
~~or 2907.05~~ of the Revised Code, an unruly child, or a juvenile	1364
traffic offender, the juvenile court shall provide written notice	1365
to the person that does all of the following:	1366

(a) States that the person may apply to the court for an	1367
order to seal the record;	1368

(b) Explains what sealing a record means;

1369

(c) States that the person may apply to the court for an	1370
order to expunge the record under section 2151.358 of the Revised	1371
Code;	1372

(d) Explains what expunging a record means.

1373

(3) The department of youth services and any other	1374
institution or facility that unconditionally discharges a person	1375
who has been adjudicated a delinquent child, an unruly child, or a	1376
juvenile traffic offender shall immediately give notice of the	1377
discharge to the court that committed the person. The court shall	1378
note the date of discharge on a separate record of discharges of	1379
those natures.	1380

Sec. 2152.02. As used in this chapter:

1381

(A) "Act charged" means the act that is identified in a	1382
complaint, indictment, or information alleging that a child is a	1383
delinquent child.	1384

(B) "Admitted to a department of youth services facility"	1385
includes admission to a facility operated, or contracted for, by	1386
the department and admission to a comparable facility outside this	1387
state by another state or the United States.	1388

(C)(1) "Child" means a person who is under eighteen years of	1389
age, except as otherwise provided in divisions (C)(2) to ~~(7)~~(8) of	1390
this section.	1391

(2) Subject to division (C)(3) of this section, any person	1392
who violates a federal or state law or a municipal ordinance prior	1393
to attaining eighteen years of age shall be deemed a "child"	1394
irrespective of that person's age at the time the complaint with	1395
respect to that violation is filed or the hearing on the complaint	1396
is held.	1397

(3) Any person who, while under eighteen years of age,	1398
commits an act that would be a felony if committed by an adult and	1399
who is not taken into custody or apprehended for that act until	1400
after the person attains twenty-one years of age is not a child in	1401
relation to that act.	1402

(4) Except as otherwise provided in ~~division~~divisions (C)(5)	1403
and (7) of this section, any person whose case is transferred for	1404
criminal prosecution pursuant to section 2152.12 of the Revised	1405
Code shall be deemed after the transfer not to be a child in the	1406
transferred case.	1407

(5) Any person whose case is transferred for criminal	1408
prosecution pursuant to section 2152.12 of the Revised Code and	1409
who subsequently is convicted of or pleads guilty to a felony in	1410
that case, unless a serious youthful offender dispositional	1411
sentence is imposed on the child for that offense under division	1412
(B)(2) or (3) of section 2152.121 of the Revised Code and the	1413
adult portion of that sentence is not invoked pursuant to section	1414
2152.14 of the Revised Code, and any person who is adjudicated a	1415
delinquent child for the commission of an act, who has a serious	1416
youthful offender dispositional sentence imposed for the act	1417
pursuant to section 2152.13 of the Revised Code, and whose adult	1418
portion of the dispositional sentence is invoked pursuant to	1419
section 2152.14 of the Revised Code, shall be deemed after the	1420
~~transfer~~conviction, plea, or invocation not to be a child in any	1421
case in which a complaint is filed against the person.	1422

(6) The juvenile court has jurisdiction over a person who is	1423
adjudicated a delinquent child or juvenile traffic offender prior	1424
to attaining eighteen years of age until the person attains	1425
twenty-one years of age, and, for purposes of that jurisdiction	1426
related to that adjudication, except as otherwise provided in this	1427
division, a person who is so adjudicated a delinquent child or	1428
juvenile traffic offender shall be deemed a "child" until the	1429
person attains twenty-one years of age. If a person is so	1430
adjudicated a delinquent child or juvenile traffic offender and	1431
the court makes a disposition of the person under this chapter, at	1432
any time after the person attains ~~eighteen~~twenty-one years of	1433
age, the places at which the person may be held under that	1434
disposition are not limited to places authorized under this	1435
chapter solely for confinement of children, and the person may be	1436
confined under that disposition, in accordance with division	1437
(F)(2) of section 2152.26 of the Revised Code, in places other	1438
than those authorized under this chapter solely for confinement of	1439
children.	1440

(7) The juvenile court has jurisdiction over any person whose	1441
case is transferred for criminal prosecution solely for the	1442
purpose of detaining the person as authorized in division (F)(1)	1443
or (4) of section 2152.26 of the Revised Code unless the person is	1444
convicted of or pleads guilty to a felony in the adult court.	1445

(8) Any person who, while eighteen years of age, violates	1446
division (A)(1) or (2) of section 2919.27 of the Revised Code by	1447
violating a protection order issued or consent agreement approved	1448
under section 2151.34 or 3113.31 of the Revised Code shall be	1449
considered a child for the purposes of that violation of section	1450
2919.27 of the Revised Code.	1451

(D) "Chronic truant" means any child of compulsory school age	1452
who is absent without legitimate excuse for absence from the	1453
public school the child is supposed to attend for seven or more	1454
consecutive school days, ten or more school days in one school	1455
month, or fifteen or more school days in a school year.	1456

(E) "Community corrections facility," "public safety beds,"	1457
"release authority," and "supervised release" have the same	1458
meanings as in section 5139.01 of the Revised Code.	1459

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

1460

(1) Any child, except a juvenile traffic offender, who	1461
violates any law of this state or the United States, or any	1462
ordinance of a political subdivision of the state, that would be	1463
an offense if committed by an adult;	1464

(2) Any child who violates any lawful order of the court made	1465
under this chapter or under Chapter 2151. of the Revised Code	1466
other than an order issued under section 2151.87 of the Revised	1467
Code;	1468

(3) Any child who violates division (C) of section 2907.39,	1469
division (A) of section 2923.211, or division (C)(1) or (D) of	1470
section 2925.55 of the Revised Code;	1471

(4) Any child who is a habitual truant and who previously has	1472
been adjudicated an unruly child for being a habitual truant;	1473

(5) Any child who is a chronic truant.

1474

(G) "Discretionary serious youthful offender" means a person	1475
who is eligible for a discretionary SYO and who is not transferred	1476
to adult court under a mandatory or discretionary transfer.	1477

(H) "Discretionary SYO" means a case in which the juvenile	1478
court, in the juvenile court's discretion, may impose a serious	1479
youthful offender disposition under section 2152.13 of the Revised	1480
Code.	1481

(I) "Discretionary transfer" means that the juvenile court	1482
has discretion to transfer a case for criminal prosecution under	1483
division (B) of section 2152.12 of the Revised Code.	1484

(J) "Drug abuse offense," "felony drug abuse offense," and	1485
"minor drug possession offense" have the same meanings as in	1486
section 2925.01 of the Revised Code.	1487

(K) "Electronic monitoring" and "electronic monitoring	1488
device" have the same meanings as in section 2929.01 of the	1489
Revised Code.	1490

(L) "Economic loss" means any economic detriment suffered by	1491
a victim of a delinquent act or juvenile traffic offense as a	1492
direct and proximate result of the delinquent act or juvenile	1493
traffic offense and includes any loss of income due to lost time	1494
at work because of any injury caused to the victim and any	1495
property loss, medical cost, or funeral expense incurred as a	1496
result of the delinquent act or juvenile traffic offense.	1497
"Economic loss" does not include non-economic loss or any punitive	1498
or exemplary damages.	1499

(M) "Firearm" has the same meaning as in section 2923.11 of	1500
the Revised Code.	1501

(N) "Juvenile traffic offender" means any child who violates	1502
any traffic law, traffic ordinance, or traffic regulation of this	1503
state, the United States, or any political subdivision of this	1504
state, other than a resolution, ordinance, or regulation of a	1505
political subdivision of this state the violation of which is	1506
required to be handled by a parking violations bureau or a joint	1507
parking violations bureau pursuant to Chapter 4521. of the Revised	1508
Code.	1509

(O) A "legitimate excuse for absence from the public school	1510
the child is supposed to attend" has the same meaning as in	1511
section 2151.011 of the Revised Code.	1512

(P) "Mandatory serious youthful offender" means a person who	1513
is eligible for a mandatory SYO and who is not transferred to	1514
adult court under a mandatory or discretionary transfer and also	1515
includes, for purposes of imposition of a mandatory serious	1516
youthful dispositional sentence under section 2152.13 of the	1517
Revised Code, a person upon whom a juvenile court is required to	1518
impose such a sentence under division (B)(3) of section 2152.121	1519
of the Revised Code.	1520

(Q) "Mandatory SYO" means a case in which the juvenile court	1521
is required to impose a mandatory serious youthful offender	1522
disposition under section 2152.13 of the Revised Code.	1523

(R) "Mandatory transfer" means that a case is required to be	1524
transferred for criminal prosecution under division (A) of section	1525
2152.12 of the Revised Code.	1526

(S) "Mental illness" has the same meaning as in section	1527
5122.01 of the Revised Code.	1528

(T) "Mentally retarded person" has the same meaning as in	1529
section 5123.01 of the Revised Code.	1530

(U) "Monitored time" and "repeat violent offender" have the	1531
same meanings as in section 2929.01 of the Revised Code.	1532

(V) "Of compulsory school age" has the same meaning as in	1533
section 3321.01 of the Revised Code.	1534

(W) "Public record" has the same meaning as in section 149.43	1535
of the Revised Code.	1536

(X) "Serious youthful offender" means a person who is	1537
eligible for a mandatory SYO or discretionary SYO but who is not	1538
transferred to adult court under a mandatory or discretionary	1539
transfer and also includes, for purposes of imposition of a	1540
mandatory serious youthful dispositional sentence under section	1541
2152.13 of the Revised Code, a person upon whom a juvenile court	1542
is required to impose such a sentence under division (B)(3) of	1543
section 2152.121 of the Revised Code.	1544

(Y) "Sexually oriented offense," "juvenile offender	1545
registrant," "child-victim oriented offense," "tier I sex	1546
offender/child-victim offender," "tier II sex	1547
offender/child-victim offender," "tier III sex	1548
offender/child-victim offender," and "public registry-qualified	1549
juvenile offender registrant" have the same meanings as in section	1550
2950.01 of the Revised Code.	1551

(Z) "Traditional juvenile" means a case that is not	1552
transferred to adult court under a mandatory or discretionary	1553
transfer, that is eligible for a disposition under sections	1554
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	1555
that is not eligible for a disposition under section 2152.13 of	1556
the Revised Code.	1557

(AA) "Transfer" means the transfer for criminal prosecution	1558
of a case involving the alleged commission by a child of an act	1559
that would be an offense if committed by an adult from the	1560
juvenile court to the appropriate court that has jurisdiction of	1561
the offense.	1562

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

1563

(1) A violation of section 2903.01 or 2903.02 of the Revised	1564
Code;	1565

(2) A violation of section 2923.02 of the Revised Code	1566
involving an attempt to commit aggravated murder or murder.	1567

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

1568

(1) A violation of section 2903.03, 2905.01, 2907.02,	1569
2909.02, 2911.01, or 2911.11 of the Revised Code;	1570

(2) A violation of section 2903.04 of the Revised Code that	1571
is a felony of the first degree;	1572

(3) A violation of section 2907.12 of the Revised Code as it	1573
existed prior to September 3, 1996.	1574

(DD) "Non-economic loss" means nonpecuniary harm suffered by	1575
a victim of a delinquent act or juvenile traffic offense as a	1576
result of or related to the delinquent act or juvenile traffic	1577
offense, including, but not limited to, pain and suffering; loss	1578
of society, consortium, companionship, care, assistance,	1579
attention, protection, advice, guidance, counsel, instruction,	1580
training, or education; mental anguish; and any other intangible	1581
loss.	1582

Sec. 2152.18. (A) When a juvenile court commits a delinquent	1583
child to the custody of the department of youth services pursuant	1584
to this chapter, the court shall not designate the specific	1585
institution in which the department is to place the child but	1586
instead shall specify that the child is to be institutionalized in	1587
a secure facility.	1588

(B) When a juvenile court commits a delinquent child to the	1589
custody of the department of youth services pursuant to this	1590
chapter, the court shall state in the order of commitment the	1591
total number of days that the child has been ~~held in detention~~	1592
confined in connection with the delinquent child complaint upon	1593
which the order of commitment is based. The court shall not	1594
include days that the child has been under electronic monitoring	1595
or house arrest or days that the child has been confined in a	1596
halfway house. The department shall reduce the minimum period of	1597
institutionalization that was ordered by both the total number of	1598
days that the child has been so ~~held in detention~~confined as	1599
stated by the court in the order of commitment and the total	1600
number of any additional days that the child has been ~~held in~~	1601
~~detention~~confined subsequent to the order of commitment but prior	1602
to the transfer of physical custody of the child to the	1603
department.	1604

(C)(1) When a juvenile court commits a delinquent child to	1605
the custody of the department of youth services pursuant to this	1606
chapter, the court shall provide the department with the child's	1607
medical records, a copy of the report of any mental examination of	1608
the child ordered by the court, the Revised Code section or	1609
sections the child violated and the degree of each violation, the	1610
warrant to convey the child to the department, a copy of the	1611
court's journal entry ordering the commitment of the child to the	1612
legal custody of the department, a copy of the arrest record	1613
pertaining to the act for which the child was adjudicated a	1614
delinquent child, a copy of any victim impact statement pertaining	1615
to the act, and any other information concerning the child that	1616
the department reasonably requests. The court also shall complete	1617
the form for the standard predisposition investigation report that	1618
the department furnishes pursuant to section 5139.04 of the	1619
Revised Code and provide the department with the completed form.	1620

The department may refuse to accept physical custody of a	1621
delinquent child who is committed to the legal custody of the	1622
department until the court provides to the department the	1623
documents specified in this division. No officer or employee of	1624
the department who refuses to accept physical custody of a	1625
delinquent child who is committed to the legal custody of the	1626
department shall be subject to prosecution or contempt of court	1627
for the refusal if the court fails to provide the documents	1628
specified in this division at the time the court transfers the	1629
physical custody of the child to the department.	1630

(2) Within twenty working days after the department of youth	1631
services receives physical custody of a delinquent child from a	1632
juvenile court, the court shall provide the department with a	1633
certified copy of the child's birth certificate and the child's	1634
social security number or, if the court made all reasonable	1635
efforts to obtain the information but was unsuccessful, with	1636
documentation of the efforts it made to obtain the information.	1637

(3) If an officer is preparing pursuant to section 2947.06 or	1638
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	1639
investigation report pertaining to a person, the department shall	1640
make available to the officer, for use in preparing the report,	1641
any records or reports it possesses regarding that person that it	1642
received from a juvenile court pursuant to division (C)(1) of this	1643
section or that pertain to the treatment of that person after the	1644
person was committed to the custody of the department as a	1645
delinquent child.	1646

(D)(1) Within ten days after an adjudication that a child is	1647
a delinquent child, the court shall give written notice of the	1648
adjudication to the superintendent of a city, local, exempted	1649
village, or joint vocational school district, and to the principal	1650
of the school the child attends, if the basis of the adjudication	1651
was the commission of an act that would be a criminal offense if	1652
committed by an adult, if the act was committed by the delinquent	1653
child when the child was fourteen years of age or older, and if	1654
the act is any of the following:	1655

(a) An act that would be a felony or an offense of violence	1656
if committed by an adult, an act in the commission of which the	1657
child used or brandished a firearm, or an act that is a violation	1658
of section 2907.06, 2907.07, 2907.08, 2907.09, 2907.24, or	1659
2907.241 of the Revised Code and that would be a misdemeanor if	1660
committed by an adult;	1661

(b) A violation of section 2923.12 of the Revised Code or of	1662
a substantially similar municipal ordinance that would be a	1663
misdemeanor if committed by an adult and that was committed on	1664
property owned or controlled by, or at an activity held under the	1665
auspices of, the board of education of that school district;	1666

(c) A violation of division (A) of section 2925.03 or 2925.11	1667
of the Revised Code that would be a misdemeanor if committed by an	1668
adult, that was committed on property owned or controlled by, or	1669
at an activity held under the auspices of, the board of education	1670
of that school district, and that is not a minor drug possession	1671
offense;	1672

(d) An act that would be a criminal offense if committed by	1673
an adult and that results in serious physical harm to persons or	1674
serious physical harm to property while the child is at school, on	1675
any other property owned or controlled by the board, or at an	1676
interscholastic competition, an extracurricular event, or any	1677
other school program or activity;	1678

(e) Complicity in any violation described in division	1679
(D)(1)(a), (b), (c), or (d) of this section that was alleged to	1680
have been committed in the manner described in division (D)(1)(a),	1681
(b), (c), or (d) of this section, regardless of whether the act of	1682
complicity was committed on property owned or controlled by, or at	1683
an activity held under the auspices of, the board of education of	1684
that school district.	1685

(2) The notice given pursuant to division (D)(1) of this	1686
section shall include the name of the child who was adjudicated to	1687
be a delinquent child, the child's age at the time the child	1688
committed the act that was the basis of the adjudication, and	1689
identification of the violation of the law or ordinance that was	1690
the basis of the adjudication.	1691

(3) Within fourteen days after committing a delinquent child	1692
to the custody of the department of youth services, the court	1693
shall give notice to the school attended by the child of the	1694
child's commitment by sending to that school a copy of the court's	1695
journal entry ordering the commitment. As soon as possible after	1696
receipt of the notice described in this division, the school shall	1697
provide the department with the child's school transcript.	1698
However, the department shall not refuse to accept a child	1699
committed to it, and a child committed to it shall not be held in	1700
a county or district detention facility, because of a school's	1701
failure to provide the school transcript that it is required to	1702
provide under this division.	1703

(4) Within fourteen days after discharging or releasing a	1704
child from an institution under its control, the department of	1705
youth services shall provide the court and the superintendent of	1706
the school district in which the child is entitled to attend	1707
school under section 3313.64 or 3313.65 of the Revised Code with	1708
the following:	1709

(a) An updated copy of the child's school transcript;

1710

(b) A report outlining the child's behavior in school while	1711
in the custody of the department;	1712

(c) The child's current individualized education program, as	1713
defined in section 3323.01 of the Revised Code, if such a program	1714
has been developed for the child;	1715

(d) A summary of the institutional record of the child's	1716
behavior.	1717

The department also shall provide the court with a copy of	1718
any portion of the child's institutional record that the court	1719
specifically requests, within five working days of the request.	1720

(E) At any hearing at which a child is adjudicated a	1721
delinquent child or as soon as possible after the hearing, the	1722
court shall notify all victims of the delinquent act who may be	1723
entitled to a recovery under any of the following sections of the	1724
right of the victims to recover, pursuant to section 3109.09 of	1725
the Revised Code, compensatory damages from the child's parents;	1726
of the right of the victims to recover, pursuant to section	1727
3109.10 of the Revised Code, compensatory damages from the child's	1728
parents for willful and malicious assaults committed by the child;	1729
and of the right of the victims to recover an award of reparations	1730
pursuant to sections 2743.51 to 2743.72 of the Revised Code.	1731

Sec. 2152.26. (A) Except as provided in divisions (B) and	1732
(F) of this section, a child alleged to be or adjudicated a	1733
delinquent child or a juvenile traffic offender may be held only	1734
in the following places:	1735

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

1736

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

1737

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

1738

(B) In addition to the places listed in division (A) of this	1739
section, a child alleged to be or adjudicated a delinquent child	1740
or a person described in division (C)(7) of section 2152.02 of the	1741
Revised Code may be held in a detention facility for delinquent	1742
children that is under the direction or supervision of the court	1743
or other public authority or of a private agency and approved by	1744
the court and a child adjudicated a delinquent child may be held	1745
in accordance with division (F)(2) of this section in a facility	1746
of a type specified in that division. Division (B) of this section	1747
does not apply to a child alleged to be or adjudicated a	1748
delinquent child for chronic truancy, unless the child violated a	1749
lawful court order made pursuant to division (A)(6) of section	1750
2152.19 of the Revised Code. Division (B) of this section also	1751
does not apply to a child alleged to be or adjudicated a	1752
delinquent child for being an habitual truant who previously has	1753
been adjudicated an unruly child for being an habitual truant,	1754
unless the child violated a lawful court order made pursuant to	1755
division (C)(1)(e) of section 2151.354 of the Revised Code.	1756

(C)(1) Except as provided under division (C)(1) of section	1757
2151.311 of the Revised Code or division (A)(5) of section 2152.21	1758
of the Revised Code, a child alleged to be or adjudicated a	1759
juvenile traffic offender may not be held in any of the following	1760
facilities:	1761

(a) A state correctional institution, county, multicounty, or	1762
municipal jail or workhouse, or other place in which an adult	1763
convicted of crime, under arrest, or charged with a crime is held.	1764

(b) A secure correctional facility.

1765

(2) Except as provided under this section, sections 2151.56	1766
to 2151.59, and divisions (A)(5) and (6) of section 2152.21 of the	1767
Revised Code, a child alleged to be or adjudicated a juvenile	1768
traffic offender may not be held for more than twenty-four hours	1769
in a detention facility.	1770

(D) Except as provided in division (F) of this section or in	1771
division (C) of section 2151.311, in division (C)(2) of section	1772
5139.06 and section 5120.162, or in division (B) of section	1773
5120.16 of the Revised Code, a child who is alleged to be or is	1774
adjudicated a delinquent child or a person described in division	1775
(C)(7) of section 2152.02 of the Revised Code may not be held in a	1776
state correctional institution, county, multicounty, or municipal	1777
jail or workhouse, or other place where an adult convicted of	1778
crime, under arrest, or charged with crime is held.	1779

(E) Unless the detention is pursuant to division (F) of this	1780
section or division (C) of section 2151.311, division (C)(2) of	1781
section 5139.06 and section 5120.162, or division (B) of section	1782
5120.16 of the Revised Code, the official in charge of the	1783
institution, jail, workhouse, or other facility shall inform the	1784
court immediately when a ~~child,~~person who is or appears to be	1785
under the age of eighteen years, or a person who is charged with a	1786
violation of an order of a juvenile court or a violation of	1787
probation or parole conditions imposed by a juvenile court and who	1788
is or appears to be between the ages of eighteen and twenty-one	1789
years, is received at the facility, and shall deliver the ~~child~~	1790
person to the court upon request or transfer the ~~child~~person to	1791
a detention facility designated by the court.	1792

(F)(1) If a case is transferred to another court for criminal	1793
prosecution pursuant to section 2152.12 of the Revised Code and	1794
the alleged offender is a person described in division (C)(7) of	1795
section 2152.02 of the Revised Code, the ~~child~~person may not be	1796
transferred for detention pending the criminal prosecution in a	1797
jail or other facility ~~in accordance with the law governing the~~	1798
~~detention of persons charged with crime~~except under the	1799
circumstances described in division (F)(4) of this section. Any	1800
child so held in accordance with division (F)(3) of this section	1801
shall be confined in a manner that keeps the child beyond the	1802
~~range of touch~~sight and sound of all adult detainees. The child	1803
shall be supervised at all times during the detention.	1804

(2) If a person is adjudicated a delinquent child or juvenile	1805
traffic offender or is a person described in division (C)(7) of	1806
section 2152.02 of the Revised Code and the court makes a	1807
disposition of the person under this chapter, at any time after	1808
the person attains ~~eighteen~~twenty-one years of age, the person	1809
may be held under that disposition or under the circumstances	1810
described in division (F)(4) of this section in places other than	1811
those specified in division (A) of this section, including, but	1812
not limited to, a county, multicounty, or municipal jail or	1813
workhouse, or other place where an adult convicted of crime, under	1814
arrest, or charged with crime is held.	1815

(3)(a) A person alleged to be a delinquent child may be held	1816
in places other than those specified in division (A) of this	1817
section, including, but not limited to, a county, multicounty, or	1818
municipal jail, if the delinquent act that the child allegedly	1819
committed would be a felony if committed by an adult, and if	1820
either of the following applies:	1821

(i) The person attains ~~eighteen~~twenty-one years of age	1822
before the person is arrested or apprehended for that act.	1823

(ii) The person is arrested or apprehended for that act	1824
before the person attains ~~eighteen~~twenty-one years of age, but	1825
the person attains ~~eighteen~~twenty-one years of age before the	1826
court orders a disposition in the case.	1827

(b) If, pursuant to division (F)(3)(a) of this section, a	1828
person is held in a place other than a place specified in division	1829
(A) of this section, the person has the same rights to bail as an	1830
adult charged with the same offense who is confined in a jail	1831
pending trial.	1832

(4)(a) Any person whose case is transferred for criminal	1833
prosecution pursuant to section 2151.10 or 2152.12 of the Revised	1834
Code or any person who has attained the age of eighteen years but	1835
has not attained the age of twenty-one years and who is being held	1836
in a place specified in division (B) of this section may be held	1837
under that disposition or charge in places other than those	1838
specified in division (B) of this section, including a county,	1839
multicounty, or municipal jail or workhouse, or other place where	1840
an adult under arrest or charged with crime is held if the	1841
juvenile court, upon its own motion or upon motion by the	1842
prosecutor and after notice and hearing, establishes by a	1843
preponderance of the evidence and makes written findings that the	1844
youth is a threat to the safety and security of the facility.	1845
Evidence that the youth is a threat to the safety and security of	1846
the facility may include, but is not limited to, whether the youth	1847
has done any of the following:	1848

(i) Injured or created an imminent danger to the life or	1849
health of another youth or staff member in the facility or program	1850
by violent behavior;	1851

(ii) Escaped from the facility or program in which the youth	1852
is being held on more than one occasion;	1853

(iii) Established a pattern of disruptive behavior as	1854
verified by a written record that the youth's behavior is not	1855
conducive to the established policies and procedures of the	1856
facility or program in which the youth is being held.	1857

(b) If the prosecutor submits a motion requesting that the	1858
person be held in a place other than those specified in division	1859
(B) of this section or if the court submits its own motion, the	1860
juvenile court shall hold a hearing within five days of the filing	1861
of the motion, and, in determining whether a place other than	1862
those specified in division (B) of this section is the appropriate	1863
place of confinement for the person, the court shall consider the	1864
following factors:	1865

(i) The age of the person;

1866

(ii) Whether the person would be deprived of contact with	1867
other people for a significant portion of the day or would not	1868
have access to recreational facilities or age-appropriate	1869
educational opportunities in order to provide physical separation	1870
from adults;	1871

(iii) The person's current emotional state, intelligence, and	1872
developmental maturity, including any emotional and psychological	1873
trauma, and the risk to the person in an adult facility, which may	1874
be evidenced by mental health or psychological assessments or	1875
screenings made available to the prosecuting attorney and the	1876
defense counsel;	1877

(iv) Whether detention in a juvenile facility would	1878
adequately serve the need for community protection pending the	1879
outcome of the criminal proceeding;	1880

(v) The relative ability of the available adult and juvenile	1881
detention facilities to meet the needs of the person, including	1882
the person's need for age-appropriate mental health and	1883
educational services delivered by individuals specifically trained	1884
to deal with youth;	1885

(vi) Whether the person presents an imminent risk of	1886
self-inflicted harm or an imminent risk of harm to others within a	1887
juvenile facility;	1888

(vii) Any other factors the juvenile court considers to be	1889
relevant.	1890

(c) If the juvenile court determines that a place other than	1891
those specified in division (B) of this section is the appropriate	1892
place for confinement of a person pursuant to division (F)(4)(a)	1893
of this section, the person may petition the juvenile court for a	1894
review hearing thirty days after the initial confinement decision,	1895
thirty days after any subsequent review hearing, or at any time	1896
after the initial confinement decision upon an emergency petition	1897
by the youth due to the youth facing an imminent danger from	1898
others or the youth's self. Upon receipt of the petition, the	1899
juvenile court has discretion over whether to conduct the review	1900
hearing and may set the matter for a review hearing if the youth	1901
has alleged facts or circumstances that, if true, would warrant	1902
reconsideration of the youth's placement in a place other than	1903
those specified in division (B) of this section based on the	1904
factors listed in division (F)(4)(b) of this section.	1905

(d) Upon the admission of a person described in division	1906
(F)(4)(a) of this section to a place other than those specified in	1907
division (B) of this section, the facility shall advise the person	1908
of the person's right to request a review hearing as described in	1909
division (F)(4)(d) of this section.	1910

(e) Any person transferred under division (F)(4)(a) of this	1911
section to a place other than those specified in division (B) of	1912
this section shall be confined in a manner that keeps the person	1913
beyond sight and sound of all adult detainees. The person shall be	1914
supervised at all times during the detention.	1915

Sec. 2705.031. (A) As used in this section, "Title IV-D	1916
case" has the same meaning as in section 3125.01 of the Revised	1917
Code.	1918

(B)(1) Any party who has a legal claim to any support ordered	1919
for a child, spouse, or former spouse may initiate a contempt	1920
action for failure to pay the support. In Title IV-D cases, the	1921
contempt action for failure to pay support also may be initiated	1922
by an attorney retained by the party who has the legal claim, the	1923
prosecuting attorney, or an attorney of the department of job and	1924
family services or the child support enforcement agency.	1925

(2) Any parent who is granted parenting time rights under a	1926
parenting time order or decree issued pursuant to section 3109.051	1927
or 3109.12 of the Revised Code, any person who is granted	1928
visitation rights under a visitation order or decree issued	1929
pursuant to section 3109.051, 3109.11, or 3109.12 of the Revised	1930
Code or pursuant to any other provision of the Revised Code, or	1931
any other person who is subject to any parenting time or	1932
visitation order or decree, may initiate a contempt action for a	1933
failure to comply with, or an interference with, the order or	1934
decree.	1935

(C) In any contempt action initiated pursuant to division (B)	1936
of this section, the accused shall appear upon the summons and	1937
order to appear that is issued by the court. The summons shall	1938
include all of the following:	1939

(1) Notice that failure to appear may result in the issuance	1940
of an order of arrest, and in cases involving alleged failure to	1941
pay support, the issuance of an order for the payment of support	1942
by withholding an amount from the personal earnings of the accused	1943
or by withholding or deducting an amount from some other asset of	1944
the accused;	1945

(2) Notice that the accused has a right to counsel, and that	1946
if indigent, the accused must apply for a public defender or court	1947
appointed counsel within three business days after receipt of the	1948
summons;	1949

(3) Notice that the court may refuse to grant a continuance	1950
at the time of the hearing for the purpose of the accused	1951
obtaining counsel, if the accused fails to make a good faith	1952
effort to retain counsel or to obtain a public defender;	1953

(4) Notice of the potential penalties that could be imposed	1954
upon the accused, if the accused is found guilty of contempt for	1955
failure to pay support or for a failure to comply with, or an	1956
interference with, a parenting time or visitation order or decree;	1957

(5) Notice that the court may grant limited driving	1958
privileges under section 4510.021 of the Revised Code pursuant to	1959
a request made by the accused, if the driver's license was	1960
suspended based on a notice issued pursuant to section 3123.54 of	1961
the Revised Code by the child support enforcement agency and if	1962
the request is accompanied by a recent noncertified copy of a	1963
driver's abstract from the registrar of motor vehicles.	1964

(D) If the accused is served as required by the Rules of	1965
Civil Procedure or by any special statutory proceedings that are	1966
relevant to the case, the court may order the attachment of the	1967
person of the accused upon failure to appear as ordered by the	1968
court.	1969

(E) The imposition of any penalty for contempt under section	1970
2705.05 of the Revised Code shall not eliminate any obligation of	1971
the accused to pay any past, present, or future support obligation	1972
or any obligation of the accused to comply with or refrain from	1973
interfering with the parenting time or visitation order or decree.	1974
The court shall have jurisdiction to make a finding of contempt	1975
for the failure to pay support and to impose the penalties set	1976
forth in section 2705.05 of the Revised Code in all cases in which	1977
past due support is at issue even if the duty to pay support has	1978
terminated, and shall have jurisdiction to make a finding of	1979
contempt for a failure to comply with, or an interference with, a	1980
parenting time or visitation order or decree and to impose the	1981
penalties set forth in section 2705.05 of the Revised Code in all	1982
cases in which the failure or interference is at issue even if the	1983
parenting time or visitation order or decree no longer is in	1984
effect.	1985

Sec. 2907.24. (A) No person shall solicit another to engage	1986
with such other person in sexual activity for hire.	1987

(B) No person, with knowledge that the person has tested	1988
positive as a carrier of a virus that causes acquired	1989
immunodeficiency syndrome, shall engage in conduct in violation of	1990
division (A) of this section.	1991

(C)(1) Whoever violates division (A) of this section is	1992
guilty of soliciting, a misdemeanor of the third degree.	1993

(2) Whoever violates division (B) of this section is guilty	1994
of engaging in solicitation after a positive HIV test. If the	1995
offender commits the violation prior to July 1, 1996, engaging in	1996
solicitation after a positive HIV test is a felony of the second	1997
degree. If the offender commits the violation on or after July 1,	1998
1996, engaging in solicitation after a positive HIV test is a	1999
felony of the third degree.	2000

(D) If a person is convicted of or pleads guilty to a	2001
violation of any provision of this section, an attempt to commit a	2002
violation of any provision of this section, or a violation of or	2003
an attempt to commit a violation of a municipal ordinance that is	2004
substantially equivalent to any provision of this section and if	2005
the person, in committing or attempting to commit the violation,	2006
was in, was on, or used a motor vehicle, the court, in addition to	2007
or independent of all other penalties imposed for the violation,	2008
~~shall~~may impose upon the offender a class six suspension of the	2009
person's driver's license, commercial driver's license, temporary	2010
instruction permit, probationary license, or nonresident operating	2011
privilege from the range specified in division (A)(6) of section	2012
4510.02 of the Revised Code. In lieu of imposing upon the offender	2013
the class six suspension, the court instead may require the	2014
offender to perform community service for a number of hours	2015
determined by the court.	2016

Sec. 2913.02. (A) No person, with purpose to deprive the	2017
owner of property or services, shall knowingly obtain or exert	2018
control over either the property or services in any of the	2019
following ways:	2020

(1) Without the consent of the owner or person authorized to	2021
give consent;	2022

(2) Beyond the scope of the express or implied consent of the	2023
owner or person authorized to give consent;	2024

(3) By deception;

2025

(4) By threat;

2026

(5) By intimidation.

2027

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

2028

(2) Except as otherwise provided in this division or division	2029
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of	2030
this section is petty theft, a misdemeanor of the first degree. If	2031
the value of the property or services stolen is one thousand	2032
dollars or more and is less than seven thousand five hundred	2033
dollars or if the property stolen is any of the property listed in	2034
section 2913.71 of the Revised Code, a violation of this section	2035
is theft, a felony of the fifth degree. If the value of the	2036
property or services stolen is seven thousand five hundred dollars	2037
or more and is less than one hundred fifty thousand dollars, a	2038
violation of this section is grand theft, a felony of the fourth	2039
degree. If the value of the property or services stolen is one	2040
hundred fifty thousand dollars or more and is less than seven	2041
hundred fifty thousand dollars, a violation of this section is	2042
aggravated theft, a felony of the third degree. If the value of	2043
the property or services is seven hundred fifty thousand dollars	2044
or more and is less than one million five hundred thousand	2045
dollars, a violation of this section is aggravated theft, a felony	2046
of the second degree. If the value of the property or services	2047
stolen is one million five hundred thousand dollars or more, a	2048
violation of this section is aggravated theft of one million five	2049
hundred thousand dollars or more, a felony of the first degree.	2050

(3) Except as otherwise provided in division (B)(4), (5),	2051
(6), (7), or (8) of this section, if the victim of the offense is	2052
an elderly person or disabled adult, a violation of this section	2053
is theft from an elderly person or disabled adult, and division	2054
(B)(3) of this section applies. Except as otherwise provided in	2055
this division, theft from an elderly person or disabled adult is a	2056
felony of the fifth degree. If the value of the property or	2057
services stolen is one thousand dollars or more and is less than	2058
seven thousand five hundred dollars, theft from an elderly person	2059
or disabled adult is a felony of the fourth degree. If the value	2060
of the property or services stolen is seven thousand five hundred	2061
dollars or more and is less than thirty-seven thousand five	2062
hundred dollars, theft from an elderly person or disabled adult is	2063
a felony of the third degree. If the value of the property or	2064
services stolen is thirty-seven thousand five hundred dollars or	2065
more and is less than one hundred fifty thousand dollars, theft	2066
from an elderly person or disabled adult is a felony of the second	2067
degree. If the value of the property or services stolen is one	2068
hundred fifty thousand dollars or more, theft from an elderly	2069
person or disabled adult is a felony of the first degree.	2070

(4) If the property stolen is a firearm or dangerous	2071
ordnance, a violation of this section is grand theft. Except as	2072
otherwise provided in this division, grand theft when the property	2073
stolen is a firearm or dangerous ordnance is a felony of the third	2074
degree, and there is a presumption in favor of the court imposing	2075
a prison term for the offense. If the firearm or dangerous	2076
ordnance was stolen from a federally licensed firearms dealer,	2077
grand theft when the property stolen is a firearm or dangerous	2078
ordnance is a felony of the first degree. The offender shall serve	2079
a prison term imposed for grand theft when the property stolen is	2080
a firearm or dangerous ordnance consecutively to any other prison	2081
term or mandatory prison term previously or subsequently imposed	2082
upon the offender.	2083

(5) If the property stolen is a motor vehicle, a violation of	2084
this section is grand theft of a motor vehicle, a felony of the	2085
fourth degree.	2086

(6) If the property stolen is any dangerous drug, a violation	2087
of this section is theft of drugs, a felony of the fourth degree,	2088
or, if the offender previously has been convicted of a felony drug	2089
abuse offense, a felony of the third degree.	2090

(7) If the property stolen is a police dog or horse or an	2091
assistance dog and the offender knows or should know that the	2092
property stolen is a police dog or horse or an assistance dog, a	2093
violation of this section is theft of a police dog or horse or an	2094
assistance dog, a felony of the third degree.	2095

(8) If the property stolen is anhydrous ammonia, a violation	2096
of this section is theft of anhydrous ammonia, a felony of the	2097
third degree.	2098

(9) In addition to the penalties described in division (B)(2)	2099
of this section, if the offender committed the violation by	2100
causing a motor vehicle to leave the premises of an establishment	2101
at which gasoline is offered for retail sale without the offender	2102
making full payment for gasoline that was dispensed into the fuel	2103
tank of the motor vehicle or into another container, the court may	2104
do one of the following:	2105

(a) Unless division (B)(9)(b) of this section applies,	2106
suspend for not more than six months the offender's driver's	2107
license, probationary driver's license, commercial driver's	2108
license, temporary instruction permit, or nonresident operating	2109
privilege;	2110

(b) If the offender's driver's license, probationary driver's	2111
license, commercial driver's license, temporary instruction	2112
permit, or nonresident operating privilege has previously been	2113
suspended pursuant to division (B)(9)(a) of this section, impose a	2114
class seven suspension of the offender's license, permit, or	2115
privilege from the range specified in division (A)(7) of section	2116
4510.02 of the Revised Code, provided that the suspension shall be	2117
for at least six months.	2118

(c) The court, in lieu of suspending the offender's driver's	2119
or commercial driver's license, probationary driver's license,	2120
temporary instruction permit, or nonresident operating privilege	2121
pursuant to division (B)(9)(a) or (b) of this section, instead may	2122
require the offender to perform community service for a number of	2123
hours determined by the court.	2124

(10) In addition to the penalties described in division	2125
(B)(2) of this section, if the offender committed the violation by	2126
stealing rented property or rental services, the court may order	2127
that the offender make restitution pursuant to section 2929.18 or	2128
2929.28 of the Revised Code. Restitution may include, but is not	2129
limited to, the cost of repairing or replacing the stolen	2130
property, or the cost of repairing the stolen property and any	2131
loss of revenue resulting from deprivation of the property due to	2132
theft of rental services that is less than or equal to the actual	2133
value of the property at the time it was rented. Evidence of	2134
intent to commit theft of rented property or rental services shall	2135
be determined pursuant to the provisions of section 2913.72 of the	2136
Revised Code.	2137

(C) The sentencing court that suspends an offender's license,	2138
permit, or nonresident operating privilege under division (B)(9)	2139
of this section may grant the offender limited driving privileges	2140
during the period of the suspension in accordance with Chapter	2141
4510. of the Revised Code.	2142

Sec. 2923.122. (A) No person shall knowingly convey, or	2143
attempt to convey, a deadly weapon or dangerous ordnance into a	2144
school safety zone.	2145

(B) No person shall knowingly possess a deadly weapon or	2146
dangerous ordnance in a school safety zone.	2147

(C) No person shall knowingly possess an object in a school	2148
safety zone if both of the following apply:	2149

(1) The object is indistinguishable from a firearm, whether	2150
or not the object is capable of being fired.	2151

(2) The person indicates that the person possesses the object	2152
and that it is a firearm, or the person knowingly displays or	2153
brandishes the object and indicates that it is a firearm.	2154

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

2155

(a) An officer, agent, or employee of this or any other state	2156
or the United States, or a law enforcement officer, who is	2157
authorized to carry deadly weapons or dangerous ordnance and is	2158
acting within the scope of the officer's, agent's, or employee's	2159
duties, a security officer employed by a board of education or	2160
governing body of a school during the time that the security	2161
officer is on duty pursuant to that contract of employment, or any	2162
other person who has written authorization from the board of	2163
education or governing body of a school to convey deadly weapons	2164
or dangerous ordnance into a school safety zone or to possess a	2165
deadly weapon or dangerous ordnance in a school safety zone and	2166
who conveys or possesses the deadly weapon or dangerous ordnance	2167
in accordance with that authorization;	2168

(b) Any person who is employed in this state, who is	2169
authorized to carry deadly weapons or dangerous ordnance, and who	2170
is subject to and in compliance with the requirements of section	2171
109.801 of the Revised Code, unless the appointing authority of	2172
the person has expressly specified that the exemption provided in	2173
division (D)(1)(b) of this section does not apply to the person.	2174

(2) Division (C) of this section does not apply to premises	2175
upon which home schooling is conducted. Division (C) of this	2176
section also does not apply to a school administrator, teacher, or	2177
employee who possesses an object that is indistinguishable from a	2178
firearm for legitimate school purposes during the course of	2179
employment, a student who uses an object that is indistinguishable	2180
from a firearm under the direction of a school administrator,	2181
teacher, or employee, or any other person who with the express	2182
prior approval of a school administrator possesses an object that	2183
is indistinguishable from a firearm for a legitimate purpose,	2184
including the use of the object in a ceremonial activity, a play,	2185
reenactment, or other dramatic presentation, or a ROTC activity or	2186
another similar use of the object.	2187

(3) This section does not apply to a person who conveys or	2188
attempts to convey a handgun into, or possesses a handgun in, a	2189
school safety zone if, at the time of that conveyance, attempted	2190
conveyance, or possession of the handgun, all of the following	2191
apply:	2192

(a) The person does not enter into a school building or onto	2193
school premises and is not at a school activity.	2194

(b) The person is carrying a valid license or temporary	2195
emergency license to carry a concealed handgun issued to the	2196
person under section 2923.125 or 2923.1213 of the Revised Code or	2197
a license to carry a concealed handgun that was issued by another	2198
state with which the attorney general has entered into a	2199
reciprocity agreement under section 109.69 of the Revised Code.	2200

(c) The person is in the school safety zone in accordance	2201
with 18 U.S.C. 922(q)(2)(B).	2202

(d) The person is not knowingly in a place described in	2203
division (B)(1) or (B)(3) to (10) of section 2923.126 of the	2204
Revised Code.	2205

(4) This section does not apply to a person who conveys or	2206
attempts to convey a handgun into, or possesses a handgun in, a	2207
school safety zone if at the time of that conveyance, attempted	2208
conveyance, or possession of the handgun all of the following	2209
apply:	2210

(a) The person is carrying a valid license or temporary	2211
emergency license to carry a concealed handgun issued to the	2212
person under section 2923.125 or 2923.1213 of the Revised Code or	2213
a license to carry a concealed handgun that was issued by another	2214
state with which the attorney general has entered into a	2215
reciprocity agreement under section 109.69 of the Revised Code.	2216

(b) The person is the driver or passenger in a motor vehicle	2217
and is in the school safety zone while immediately in the process	2218
of picking up or dropping off a child.	2219

(c) The person is not in violation of section 2923.16 of the	2220
Revised Code.	2221

(E)(1) Whoever violates division (A) or (B) of this section	2222
is guilty of illegal conveyance or possession of a deadly weapon	2223
or dangerous ordnance in a school safety zone. Except as otherwise	2224
provided in this division, illegal conveyance or possession of a	2225
deadly weapon or dangerous ordnance in a school safety zone is a	2226
felony of the fifth degree. If the offender previously has been	2227
convicted of a violation of this section, illegal conveyance or	2228
possession of a deadly weapon or dangerous ordnance in a school	2229
safety zone is a felony of the fourth degree.	2230

(2) Whoever violates division (C) of this section is guilty	2231
of illegal possession of an object indistinguishable from a	2232
firearm in a school safety zone. Except as otherwise provided in	2233
this division, illegal possession of an object indistinguishable	2234
from a firearm in a school safety zone is a misdemeanor of the	2235
first degree. If the offender previously has been convicted of a	2236
violation of this section, illegal possession of an object	2237
indistinguishable from a firearm in a school safety zone is a	2238
felony of the fifth degree.	2239

(F)(1) In addition to any other penalty imposed upon a person	2240
who is convicted of or pleads guilty to a violation of this	2241
section and subject to division (F)(2) of this section, if the	2242
offender has not attained nineteen years of age, regardless of	2243
whether the offender is attending or is enrolled in a school	2244
operated by a board of education or for which the state board of	2245
education prescribes minimum standards under section 3301.07 of	2246
the Revised Code, the court shall impose upon the offender a class	2247
four suspension of the offender's probationary driver's license,	2248
restricted license, driver's license, commercial driver's license,	2249
temporary instruction permit, or probationary commercial driver's	2250
license that then is in effect from the range specified in	2251
division (A)(4) of section 4510.02 of the Revised Code and shall	2252
deny the offender the issuance of any permit or license of that	2253
type during the period of the suspension.	2254

If the offender is not a resident of this state, the court	2255
shall impose a class four suspension of the nonresident operating	2256
privilege of the offender from the range specified in division	2257
(A)(4) of section 4510.02 of the Revised Code.	2258

(2) If the offender shows good cause why the court should not	2259
suspend one of the types of licenses, permits, or privileges	2260
specified in division (F)(1) of this section or deny the issuance	2261
of one of the temporary instruction permits specified in that	2262
division, the court in its discretion may choose not to impose the	2263
suspension, revocation, or denial required in that division, but	2264
the court, in its discretion, instead may require the offender to	2265
perform community service for a number of hours determined by the	2266
court.	2267

(G) As used in this section, "object that is	2268
indistinguishable from a firearm" means an object made,	2269
constructed, or altered so that, to a reasonable person without	2270
specialized training in firearms, the object appears to be a	2271
firearm.	2272

Sec. 2925.14. (A) As used in this section, "drug	2273
paraphernalia" means any equipment, product, or material of any	2274
kind that is used by the offender, intended by the offender for	2275
use, or designed for use, in propagating, cultivating, growing,	2276
harvesting, manufacturing, compounding, converting, producing,	2277
processing, preparing, testing, analyzing, packaging, repackaging,	2278
storing, containing, concealing, injecting, ingesting, inhaling,	2279
or otherwise introducing into the human body, a controlled	2280
substance in violation of this chapter. "Drug paraphernalia"	2281
includes, but is not limited to, any of the following equipment,	2282
products, or materials that are used by the offender, intended by	2283
the offender for use, or designed by the offender for use, in any	2284
of the following manners:	2285

(1) A kit for propagating, cultivating, growing, or	2286
harvesting any species of a plant that is a controlled substance	2287
or from which a controlled substance can be derived;	2288

(2) A kit for manufacturing, compounding, converting,	2289
producing, processing, or preparing a controlled substance;	2290

(3) Any object, instrument, or device for manufacturing,	2291
compounding, converting, producing, processing, or preparing	2292
methamphetamine;	2293

(4) An isomerization device for increasing the potency of any	2294
species of a plant that is a controlled substance;	2295

(5) Testing equipment for identifying, or analyzing the	2296
strength, effectiveness, or purity of, a controlled substance;	2297

(6) A scale or balance for weighing or measuring a controlled	2298
substance;	2299

(7) A diluent or adulterant, such as quinine hydrochloride,	2300
mannitol, mannite, dextrose, or lactose, for cutting a controlled	2301
substance;	2302

(8) A separation gin or sifter for removing twigs and seeds	2303
from, or otherwise cleaning or refining, marihuana;	2304

(9) A blender, bowl, container, spoon, or mixing device for	2305
compounding a controlled substance;	2306

(10) A capsule, balloon, envelope, or container for packaging	2307
small quantities of a controlled substance;	2308

(11) A container or device for storing or concealing a	2309
controlled substance;	2310

(12) A hypodermic syringe, needle, or instrument for	2311
parenterally injecting a controlled substance into the human body;	2312

(13) An object, instrument, or device for ingesting,	2313
inhaling, or otherwise introducing into the human body, marihuana,	2314
cocaine, hashish, or hashish oil, such as a metal, wooden,	2315
acrylic, glass, stone, plastic, or ceramic pipe, with or without a	2316
screen, permanent screen, hashish head, or punctured metal bowl;	2317
water pipe; carburetion tube or device; smoking or carburetion	2318
mask; roach clip or similar object used to hold burning material,	2319
such as a marihuana cigarette, that has become too small or too	2320
short to be held in the hand; miniature cocaine spoon, or cocaine	2321
vial; chamber pipe; carburetor pipe; electric pipe; air driver	2322
pipe; chillum; bong; or ice pipe or chiller.	2323

(B) In determining if any equipment, product, or material is	2324
drug paraphernalia, a court or law enforcement officer shall	2325
consider, in addition to other relevant factors, the following:	2326

(1) Any statement by the owner, or by anyone in control, of	2327
the equipment, product, or material, concerning its use;	2328

(2) The proximity in time or space of the equipment, product,	2329
or material, or of the act relating to the equipment, product, or	2330
material, to a violation of any provision of this chapter;	2331

(3) The proximity of the equipment, product, or material to	2332
any controlled substance;	2333

(4) The existence of any residue of a controlled substance on	2334
the equipment, product, or material;	2335

(5) Direct or circumstantial evidence of the intent of the	2336
owner, or of anyone in control, of the equipment, product, or	2337
material, to deliver it to any person whom the owner or person in	2338
control of the equipment, product, or material knows intends to	2339
use the object to facilitate a violation of any provision of this	2340
chapter. A finding that the owner, or anyone in control, of the	2341
equipment, product, or material, is not guilty of a violation of	2342
any other provision of this chapter does not prevent a finding	2343
that the equipment, product, or material was intended or designed	2344
by the offender for use as drug paraphernalia.	2345

(6) Any oral or written instruction provided with the	2346
equipment, product, or material concerning its use;	2347

(7) Any descriptive material accompanying the equipment,	2348
product, or material and explaining or depicting its use;	2349

(8) National or local advertising concerning the use of the	2350
equipment, product, or material;	2351

(9) The manner and circumstances in which the equipment,	2352
product, or material is displayed for sale;	2353

(10) Direct or circumstantial evidence of the ratio of the	2354
sales of the equipment, product, or material to the total sales of	2355
the business enterprise;	2356

(11) The existence and scope of legitimate uses of the	2357
equipment, product, or material in the community;	2358

(12) Expert testimony concerning the use of the equipment,	2359
product, or material.	2360

(C)(1) NoSubject to division (D)(2) of this section, no	2361
person shall knowingly use, or possess with purpose to use, drug	2362
paraphernalia.	2363

(2) No person shall knowingly sell, or possess or manufacture	2364
with purpose to sell, drug paraphernalia, if the person knows or	2365
reasonably should know that the equipment, product, or material	2366
will be used as drug paraphernalia.	2367

(3) No person shall place an advertisement in any newspaper,	2368
magazine, handbill, or other publication that is published and	2369
printed and circulates primarily within this state, if the person	2370
knows that the purpose of the advertisement is to promote the	2371
illegal sale in this state of the equipment, product, or material	2372
that the offender intended or designed for use as drug	2373
paraphernalia.	2374

(D)(1) This section does not apply to manufacturers, licensed	2375
health professionals authorized to prescribe drugs, pharmacists,	2376
owners of pharmacies, and other persons whose conduct is in	2377
accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731.,	2378
and 4741. of the Revised Code. This section shall not be construed	2379
to prohibit the possession or use of a hypodermic as authorized by	2380
section 3719.172 of the Revised Code.	2381

(2) Division (C)(1) of this section does not apply to a	2382
person's use, or possession with purpose to use, any drug	2383
paraphernalia that is equipment, a product, or material of any	2384
kind that is used by the person, intended by the person for use,	2385
or designed for use in storing, containing, concealing, injecting,	2386
ingesting, inhaling, or otherwise introducing into the human body	2387
marihuana.	2388

(E) Notwithstanding Chapter 2981. of the Revised Code, any	2389
drug paraphernalia that was used, possessed, sold, or manufactured	2390
in a violation of this section shall be seized, after a conviction	2391
for that violation shall be forfeited, and upon forfeiture shall	2392
be disposed of pursuant to division (B) of section 2981.12 of the	2393
Revised Code.	2394

(F)(1) Whoever violates division (C)(1) of this section is	2395
guilty of illegal use or possession of drug paraphernalia, a	2396
misdemeanor of the fourth degree.	2397

(2) Except as provided in division (F)(3) of this section,	2398
whoever violates division (C)(2) of this section is guilty of	2399
dealing in drug paraphernalia, a misdemeanor of the second degree.	2400

(3) Whoever violates division (C)(2) of this section by	2401
selling drug paraphernalia to a juvenile is guilty of selling drug	2402
paraphernalia to juveniles, a misdemeanor of the first degree.	2403

(4) Whoever violates division (C)(3) of this section is	2404
guilty of illegal advertising of drug paraphernalia, a misdemeanor	2405
of the second degree.	2406

(G) In addition to any other sanction imposed upon an	2407
offender for a violation of this section, the court shall suspend	2408
for not less than six months or more than five years the	2409
offender's driver's or commercial driver's license or permit. If	2410
the offender is a professionally licensed person, in addition to	2411
any other sanction imposed for a violation of this section, the	2412
court immediately shall comply with section 2925.38 of the Revised	2413
Code.	2414

Sec. 2925.141. (A) As used in this section, "drug	2415
paraphernalia" has the same meaning as in section 2925.14 of the	2416
Revised Code.	2417

(B) In determining if any equipment, product, or material is	2418
drug paraphernalia, a court or law enforcement officer shall	2419
consider, in addition to other relevant factors, all factors	2420
identified in division (B) of section 2925.14 of the Revised Code.	2421

(C) No person shall knowingly use, or possess with purpose to	2422
use, any drug paraphernalia that is equipment, a product, or	2423
material of any kind that is used by the person, intended by the	2424
person for use, or designed for use in storing, containing,	2425
concealing, injecting, ingesting, inhaling, or otherwise	2426
introducing into the human body marihuana.	2427

(D) This section does not apply to any person identified in	2428
division (D)(1) of section 2925.14 of the Revised Code, and it	2429
shall not be construed to prohibit the possession or use of a	2430
hypodermic as authorized by section 3719.172 of the Revised Code.	2431

(E) Division (E) of section 2925.14 of the Revised Code	2432
applies with respect to any drug paraphernalia that was used or	2433
possessed in violation of this section.	2434

(F) Whoever violates division (C) of this section is guilty	2435
of illegal use or possession of marihuana drug paraphernalia, a	2436
minor misdemeanor.	2437

(G) In addition to any other sanction imposed upon an	2438
offender for a violation of this section, the court shall suspend	2439
for not less than six months or more than five years the	2440
offender's driver's or commercial driver's license or permit. If	2441
the offender is a professionally licensed person, in addition to	2442
any other sanction imposed for a violation of this section, the	2443
court immediately shall comply with section 2925.38 of the Revised	2444
Code.	2445

Sec. 2925.38. If a person who is convicted of or pleads	2446
guilty to a violation of section 2925.02, 2925.03, 2925.04,	2447
2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14,	2448
2925.141, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37	2449
of the Revised Code is a professionally licensed person, in	2450
addition to any other sanctions imposed for the violation, the	2451
court, except as otherwise provided in this section, immediately	2452
shall transmit a certified copy of the judgment entry of	2453
conviction to the regulatory or licensing board or agency that has	2454
the administrative authority to suspend or revoke the offender's	2455
professional license. If the professionally licensed person who is	2456
convicted of or pleads guilty to a violation of any section listed	2457
in this section is a person who has been admitted to the bar by	2458
order of the supreme court in compliance with its prescribed and	2459
published rules, in addition to any other sanctions imposed for	2460
the violation, the court immediately shall transmit a certified	2461
copy of the judgment entry of conviction to the secretary of the	2462
board of commissioners on grievances and discipline of the supreme	2463
court and to either the disciplinary counsel or the president,	2464
secretary, and chairperson of each certified grievance committee.	2465

Sec. 2947.23. (A)(1)(a) In all criminal cases, including	2466
violations of ordinances, the judge or magistrate shall include in	2467
the sentence the costs of prosecution, including any costs under	2468
section 2947.231 of the Revised Code, and render a judgment	2469
against the defendant for such costs. At the time the judge or	2470
magistrate imposes sentence, the judge or magistrate shall notify	2471
the defendant of both of the following:	2472

~~(a)~~(i) If the defendant fails to pay that judgment or fails	2473
to timely make payments towards that judgment under a payment	2474
schedule approved by the court, the court may order the defendant	2475
to perform community service in an amount of not more than forty	2476
hours per month until the judgment is paid or until the court is	2477
satisfied that the defendant is in compliance with the approved	2478
payment schedule.	2479

~~(b)~~(ii) If the court orders the defendant to perform the	2480
community service, the defendant will receive credit upon the	2481
judgment at the specified hourly credit rate per hour of community	2482
service performed, and each hour of community service performed	2483
will reduce the judgment by that amount.	2484

(b) The failure of a judge or magistrate to notify the	2485
defendant pursuant to division (A)(1)(a) of this section does not	2486
negate or limit the authority of the court to order the defendant	2487
to perform community service if the defendant fails to pay the	2488
judgment described in that division or to timely make payments	2489
toward that judgment under an approved payment plan.	2490

(2) The following shall apply in all criminal cases:

2491

(a) If a jury has been sworn at the trial of a case, the fees	2492
of the jurors shall be included in the costs, which shall be paid	2493
to the public treasury from which the jurors were paid.	2494

(b) If a jury has not been sworn at the trial of a case	2495
because of a defendant's failure to appear without good cause, the	2496
costs incurred in summoning jurors for that particular trial may	2497
be included in the costs of prosecution. If the costs incurred in	2498
summoning jurors are assessed against the defendant, those costs	2499
shall be paid to the public treasury from which the jurors were	2500
paid.	2501

(B) If a judge or magistrate has reason to believe that a	2502
defendant has failed to pay the judgment described in division (A)	2503
of this section or has failed to timely make payments towards that	2504
judgment under a payment schedule approved by the judge or	2505
magistrate, the judge or magistrate shall hold a hearing to	2506
determine whether to order the offender to perform community	2507
service for that failure. The judge or magistrate shall notify	2508
both the defendant and the prosecuting attorney of the place,	2509
time, and date of the hearing and shall give each an opportunity	2510
to present evidence. If, after the hearing, the judge or	2511
magistrate determines that the defendant has failed to pay the	2512
judgment or to timely make payments under the payment schedule and	2513
that imposition of community service for the failure is	2514
appropriate, the judge or magistrate may order the offender to	2515
perform community service in an amount of not more than forty	2516
hours per month until the judgment is paid or until the judge or	2517
magistrate is satisfied that the offender is in compliance with	2518
the approved payment schedule. If the judge or magistrate orders	2519
the defendant to perform community service under this division,	2520
the defendant shall receive credit upon the judgment at the	2521
specified hourly credit rate per hour of community service	2522
performed, and each hour of community service performed shall	2523
reduce the judgment by that amount. Except for the credit and	2524
reduction provided in this division, ordering an offender to	2525
perform community service under this division does not lessen the	2526
amount of the judgment and does not preclude the state from taking	2527
any other action to execute the judgment.	2528

(C) As used in this section, "specified hourly credit rate"	2529
means the wage rate that is specified in 26 U.S.C.A. 206(a)(1)	2530
under the federal Fair Labor Standards Act of 1938, that then is	2531
in effect, and that an employer subject to that provision must pay	2532
per hour to each of the employer's employees who is subject to	2533
that provision.	2534

Sec. 2949.08. (A) When a person who is convicted of or	2535
pleads guilty to a felony is sentenced to a community residential	2536
sanction in a community-based correctional facility pursuant to	2537
section 2929.16 of the Revised Code or when a person who is	2538
convicted of or pleads guilty to a felony or a misdemeanor is	2539
sentenced to a term of imprisonment in a jail, the judge or	2540
magistrate shall order the person into the custody of the sheriff	2541
or constable, and the sheriff or constable shall deliver the	2542
person with the record of the person's conviction to the jailer,	2543
administrator, or keeper, in whose custody the person shall remain	2544
until the term of imprisonment expires or the person is otherwise	2545
legally discharged.	2546

(B) The record of the person's conviction shall specify the	2547
total number of days, if any, that the person was confined for any	2548
reason arising out of the offense for which the person was	2549
convicted and sentenced prior to delivery to the jailer,	2550
administrator, or keeper under this section. The record shall be	2551
used to determine any reduction of sentence under division (C) of	2552
this section.	2553

(C)(1) If the person is sentenced to a jail for a felony or a	2554
misdemeanor, the jailer in charge of a jail shall reduce the	2555
sentence of a person delivered into the jailer's custody pursuant	2556
to division (A) of this section by the total number of days the	2557
person was confined for any reason arising out of the offense for	2558
which the person was convicted and sentenced, including	2559
confinement in lieu of bail while awaiting trial, confinement for	2560
examination to determine the person's competence to stand trial or	2561
to determine sanity, ~~and~~ confinement while awaiting transportation	2562
to the place where the person is to serve the sentence, and	2563
confinement in a juvenile facility.	2564

(2) If the person is sentenced to a community-based	2565
correctional facility for a felony, the total amount of time that	2566
a person shall be confined in a community-based correctional	2567
facility, in a jail, and for any reason arising out of the offense	2568
for which the person was convicted and sentenced prior to delivery	2569
to the jailer, administrator, or keeper shall not exceed the	2570
maximum prison term available for that offense. Any term in a jail	2571
shall be reduced first pursuant to division (C)(1) of this section	2572
by the total number of days the person was confined prior to	2573
delivery to the jailer, administrator, or keeper. Only after the	2574
term in a jail has been entirely reduced may the term in a	2575
community-based correctional facility be reduced pursuant to this	2576
division. This division does not affect the limitations placed on	2577
the duration of a term in a jail or a community-based correctional	2578
facility under divisions (A)(1), (2), and (3) of section 2929.16	2579
of the Revised Code.	2580

(D) For purposes of divisions (B) and (C) of this section, a	2581
person shall be considered to have been confined for a day if the	2582
person was confined for any period or periods of time totaling	2583
more than eight hours during that day.	2584

(E) As used in this section, "community-based correctional	2585
facility" and "jail" have the same meanings as in section 2929.01	2586
of the Revised Code.	2587

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

2588

(1) "Collateral sanction" means a penalty, disability, or	2589
disadvantage that is related to employment or occupational	2590
licensing, however denominated, as a result of the individual's	2591
conviction of or plea of guilty to an offense and that applies by	2592
operation of law in this state whether or not the penalty,	2593
disability, or disadvantage is included in the sentence or	2594
judgment imposed.	2595

"Collateral sanction" does not include imprisonment,	2596
probation, parole, supervised release, forfeiture, restitution,	2597
fine, assessment, or costs of prosecution.	2598

(2) "Decision-maker" includes, but is not limited to, the	2599
state acting through a department, agency, board, commission, or	2600
instrumentality established by the law of this state for the	2601
exercise of any function of government, a political subdivision,	2602
an educational institution, or a government contractor or	2603
subcontractor made subject to this section by contract, law, or	2604
ordinance.	2605

(3) "Department-funded program" means a residential or	2606
nonresidential program that is not a term in a state correctional	2607
institution, that is funded in whole or part by the department of	2608
rehabilitation and correction, and that is imposed as a sanction	2609
for an offense, as part of a sanction that is imposed for an	2610
offense, or as a term or condition of any sanction that is imposed	2611
for an offense.	2612

(4) "Designee" means the person designated by the deputy	2613
director of the division of parole and community services to	2614
perform the duties designated in division (B) of this section.	2615

(5) "Division of parole and community services" means the	2616
division of parole and community services of the department of	2617
rehabilitation and correction.	2618

(6) "Offense" means any felony or misdemeanor under the laws	2619
of this state.	2620

(7) "Political subdivision" has the same meaning as in	2621
section 2969.21 of the Revised Code.	2622

(B)(1) After the provisions of this division become operative	2623
as described in division (J) of this section, an individual who is	2624
subject to one or more collateral sanctions as a result of being	2625
convicted of or pleading guilty to an offense and who either has	2626
served a term in a state correctional institution for any offense	2627
or has spent time in a department-funded program for any offense	2628
may file a petition with the designee of the deputy director of	2629
the division of parole and community services for a certificate of	2630
qualification for employment.	2631

(2) After the provisions of this division become operative as	2632
described in division (J) of this section, an individual who is	2633
subject to one or more collateral sanctions as a result of being	2634
convicted of or pleading guilty to an offense and who is not in a	2635
category described in division (B)(1) of this section may file a	2636
petition with the court of common pleas of the county in which the	2637
person resides or with the designee of the deputy director of the	2638
division of parole and community services for a certificate of	2639
qualification for employment.	2640

(3) A petition under division (B)(1) or (2) of this section	2641
shall be made on a copy of the form prescribed by the division of	2642
parole and community services under division (J) of this section	2643
and shall contain all of the information described in division (F)	2644
of this section.	2645

(4) An individual may file a petition under division (B)(1)	2646
or (2) of this section at any time after the expiration of	2647
whichever of the following is applicable:	2648

(a) If the offense that resulted in the collateral sanction	2649
from which the individual seeks relief is a felony, at any time	2650
after the expiration of one year from the date of release of the	2651
individual from any period of incarceration in a state or local	2652
correctional facility that was imposed for that offense and all	2653
periods of supervision imposed after release from the period of	2654
incarceration or, if the individual was not incarcerated for that	2655
offense, at any time after the expiration of one year from the	2656
date of the individual's final release from all other sanctions	2657
imposed for that offense.	2658

(b) If the offense that resulted in the collateral sanction	2659
from which the individual seeks relief is a misdemeanor, at any	2660
time after the expiration of six months from the date of release	2661
of the individual from any period of incarceration in a local	2662
correctional facility that was imposed for that offense and all	2663
periods of supervision imposed after release from the period of	2664
incarceration or, if the individual was not incarcerated for that	2665
offense, at any time after the expiration of six months from the	2666
date of the final release of the individual from all sanctions	2667
imposed for that offense including any period of supervision.	2668

(5)(a) A designee that receives a petition for a	2669
certification of qualification for employment from an individual	2670
under division (B)(1) or (2) of this section shall review the	2671
petition to determine whether it is complete. If the petition is	2672
complete, the designee shall forward the petition, and any other	2673
information the designee possesses that relates to the petition,	2674
to the court of common pleas of the county in which the individual	2675
resides.	2676

(b) A court of common pleas that receives a petition for a	2677
certificate of qualification for employment from an individual	2678
under division (B)(2) of this section, or that is forwarded a	2679
petition for such a certificate under division (B)(5)(a) of this	2680
section, shall attempt to determine all other courts in this state	2681
in which the individual was convicted of or pleaded guilty to an	2682
offense other than the offense from which the individual is	2683
seeking relief. The court that receives or is forwarded the	2684
petition shall notify all other courts in this state that it	2685
determines under this division were courts in which the individual	2686
was convicted of or pleaded guilty to an offense other than the	2687
offense from which the individual is seeking relief that the	2688
individual has filed the petition and that the court may send	2689
comments regarding the possible issuance of the certificate.	2690

A court of common pleas that receives a petition for a	2691
certificate of qualification for employment under division (B)(2)	2692
of this section shall notify the prosecuting attorney of the	2693
county in which the individual resides that the individual has	2694
filed the petition.	2695

(C)(1) Upon receiving a petition for a certificate of	2696
qualification for employment filed by an individual under division	2697
(B)(2) of this section or being forwarded a petition for such a	2698
certificate under division (B)(5)(a) of this section, the court	2699
shall review the individual's petition, the individual's criminal	2700
history, all filings submitted by the prosecutor or by the victim	2701
in accordance with rules adopted by the division of parole and	2702
community services, and all other relevant evidence. The court may	2703
order any report, investigation, or disclosure by the individual	2704
that the court believes is necessary for the court to reach a	2705
decision on whether to approve the individual's petition for a	2706
certificate of qualification for employment.	2707

(2) Upon receiving a petition for a certificate of	2708
qualification for employment filed by an individual under division	2709
(B)(2) of this section or being forwarded a petition for such a	2710
certificate under division (B)(5)(a) of this section, except as	2711
otherwise provided in this division, the court shall decide	2712
whether to issue the certificate within sixty days after the court	2713
receives or is forwarded the completed petition and all	2714
information requested for the court to make that decision. Upon	2715
request of the individual who filed the petition, the court may	2716
extend the sixty-day period specified in this division.	2717

(3) Subject to division (C)(5) of this section, a court that	2718
receives an individual's petition for a certificate of	2719
qualification for employment under division (B)(2) of this section	2720
or that is forwarded a petition for such a certificate under	2721
division (B)(5)(a) of this section may issue a certificate of	2722
qualification for employment, at the court's discretion, if the	2723
court finds that the individual has established all of the	2724
following by a preponderance of the evidence:	2725

(a) Granting the petition will materially assist the	2726
individual in obtaining employment or occupational licensing.	2727

(b) The individual has a substantial need for the relief	2728
requested in order to live a law-abiding life.	2729

(c) Granting the petition would not pose an unreasonable risk	2730
to the safety of the public or any individual.	2731

(4) The submission of an incomplete petition by an individual	2732
shall not be grounds for the designee or court to deny the	2733
petition.	2734

(5) A court that receives an individual's petition for a	2735
certificate of qualification for employment under division (B)(2)	2736
of this section or that is forwarded a petition for such a	2737
certificate under division (B)(5)(a) of this section shall not	2738
issue a certificate of qualification for employment that grants	2739
the individual relief from any of the following collateral	2740
sanctions:	2741

(a) Requirements imposed by Chapter 2950. of the Revised Code	2742
and rules adopted under sections 2950.13 and 2950.132 of the	2743
Revised Code;	2744

(b) A driver's license, commercial driver's license, or	2745
probationary license suspension, cancellation, or revocation	2746
pursuant to section 4510.037, 4510.07, 4511.19, or 4511.191 of the	2747
Revised Code if the relief sought is available pursuant to section	2748
4510.021 or division (B) of section 4510.13 of the Revised Code;	2749

(c) Restrictions on employment as a prosecutor or law	2750
enforcement officer;	2751

(d) The denial, ineligibility, or automatic suspension of a	2752
license that is imposed upon an individual applying for or holding	2753
a license as a health care professional under Title XLVII of the	2754
Revised Code if the individual is convicted of, pleads guilty to,	2755
is subject to a judicial finding of eligibility for intervention	2756
in lieu of conviction in this state under section 2951.041 of the	2757
Revised Code, or is subject to treatment or intervention in lieu	2758
of conviction for a violation of section 2903.01, 2903.02,	2759
2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02,	2760
2911.01, 2911.11, or 2919.123 of the Revised Code;	2761

(e) The immediate suspension of a license, certificate, or	2762
evidence of registration that is imposed upon an individual	2763
holding a license as a health care professional under Title XLVII	2764
of the Revised Code pursuant to division (C) of section 3719.121	2765
of the Revised Code;	2766

(f) The denial or ineligibility for employment in a pain	2767
clinic under division (B)(4) of section 4729.552 of the Revised	2768
Code;	2769

(g) The mandatory suspension of a license that is imposed on	2770
an individual applying for or holding a license as a health care	2771
professional under Title XLVII of the Revised Code pursuant to	2772
section 3123.43 of the Revised Code.	2773

(6) If a court that receives an individual's petition for a	2774
certificate of qualification for employment under division (B)(2)	2775
of this section or that is forwarded a petition for such a	2776
certificate under division (B)(5)(a) of this section denies the	2777
petition, the court shall provide written notice to the individual	2778
of the court's denial. The court may place conditions on the	2779
individual regarding the individual's filing of any subsequent	2780
petition for a certificate of qualification for employment. The	2781
written notice must notify the individual of any conditions placed	2782
on the individual's filing of a subsequent petition for a	2783
certificate of qualification for employment.	2784

If a court of common pleas that receives an individual's	2785
petition for a certificate of qualification for employment under	2786
division (B)(2) of this section or that is forwarded a petition	2787
for such a certificate under division (B)(5)(a) of this section	2788
denies the petition, the individual may appeal the decision to the	2789
court of appeals only if the individual alleges that the denial	2790
was an abuse of discretion on the part of the court of common	2791
pleas.	2792

(D) A certificate of qualification for employment issued to	2793
an individual lifts the automatic bar of a collateral sanction,	2794
and a decision-maker may consider on a case-by-case basis whether	2795
to grant or deny the issuance or restoration of an occupational	2796
license or an employment opportunity, notwithstanding the	2797
individual's possession of the certificate, without, however,	2798
reconsidering or rejecting any finding made by a designee or court	2799
under division (C)(3) of this section.	2800

(E) A certificate of qualification for employment does not	2801
grant the individual to whom the certificate was issued relief	2802
from the mandatory civil impacts identified in division (A)(1) of	2803
section 2961.01 or division (B) of section 2961.02 of the Revised	2804
Code.	2805

(F) A petition for a certificate of qualification for	2806
employment filed by an individual under division (B)(1) or (2) of	2807
this section shall include all of the following:	2808

(1) The individual's name, date of birth, and social security	2809
number;	2810

(2) All aliases of the individual and all social security	2811
numbers associated with those aliases;	2812

(3) The individual's residence address, including the city,	2813
county, and state of residence and zip code;	2814

(4) The length of time that the individual has been a	2815
resident of this state, expressed in years and months of	2816
residence;	2817

(5) The name or type of each collateral sanction from which	2818
the individual is requesting a certificate of qualification for	2819
employment;	2820

(6) A summary of the individual's criminal history with	2821
respect to each offense that is a disqualification from employment	2822
or licensing in an occupation or profession, including the years	2823
of each conviction or plea of guilty for each of those offenses;	2824

(7) A summary of the individual's employment history,	2825
specifying the name of, and dates of employment with, each	2826
employer;	2827

(8) Verifiable references and endorsements;

2828

(9) The name of one or more immediate family members of the	2829
individual, or other persons with whom the individual has a close	2830
relationship, who support the individual's reentry plan;	2831

(10) A summary of the reason the individual believes the	2832
certificate of qualification for employment should be granted;	2833

(11) Any other information required by rule by the department	2834
of rehabilitation and correction.	2835

(G)(1) In a judicial or administrative proceeding alleging	2836
negligence or other fault, a certificate of qualification for	2837
employment issued to an individual under this section may be	2838
introduced as evidence of a person's due care in hiring,	2839
retaining, licensing, leasing to, admitting to a school or	2840
program, or otherwise transacting business or engaging in activity	2841
with the individual to whom the certificate of qualification for	2842
employment was issued if the person knew of the certificate at the	2843
time of the alleged negligence or other fault.	2844

(2) In any proceeding on a claim against an employer for	2845
negligent hiring, a certificate of qualification for employment	2846
issued to an individual under this section shall provide immunity	2847
for the employer as to the claim if the employer knew of the	2848
certificate at the time of the alleged negligence.	2849

(3) If an employer hires an individual who has been issued a	2850
certificate of qualification for employment under this section, if	2851
the individual, after being hired, subsequently demonstrates	2852
dangerousness or is convicted of or pleads guilty to a felony, and	2853
if the employer retains the individual as an employee after the	2854
demonstration of dangerousness or the conviction or guilty plea,	2855
the employer may be held liable in a civil action that is based on	2856
or relates to the retention of the individual as an employee only	2857
if it is proved by a preponderance of the evidence that the person	2858
having hiring and firing responsibility for the employer had	2859
actual knowledge that the employee was dangerous or had been	2860
convicted of or pleaded guilty to the felony and was willful in	2861
retaining the individual as an employee after the demonstration of	2862
dangerousness or the conviction or guilty plea of which the person	2863
has actual knowledge.	2864

(H) A certificate of qualification for employment issued	2865
under this section shall be presumptively revoked if the	2866
individual to whom the certificate of qualification for employment	2867
was issued is convicted of or pleads guilty to a felony offense	2868
committed subsequent to the issuance of the certificate of	2869
qualification for employment.	2870

(I) A designee's forwarding, or failure to forward, a	2871
petition for a certificate of qualification for employment to a	2872
court or a court's issuance, or failure to issue, a petition for a	2873
certificate of qualification for employment to an individual under	2874
division (B) of this section does not give rise to a claim for	2875
damages against the department of rehabilitation and correction or	2876
court.	2877

(J) Not later than ninety days after the effective date of	2878
this section, the division of parole and community services shall	2879
adopt rules in accordance with Chapter 119. of the Revised Code	2880
for the implementation and administration of this section and	2881
shall prescribe the form for the petition to be used under	2882
division (B)(1) or (2) of this section. The form for the petition	2883
shall include places for all of the information specified in	2884
division (F) of this section. Upon the adoption of the rules, the	2885
provisions of divisions (A) to (I) of this section become	2886
operative.	2887

(K) The department of rehabilitation and correction shall	2888
conduct a study to determine the manner for transferring the	2889
mechanism for the issuance of a certificate of qualification for	2890
employment created by this section to an electronic database	2891
established and maintained by the department. The database to	2892
which the mechanism is to be transferred shall include granted	2893
certificates and revoked certificates and shall be designed to	2894
track the number of certificates granted and revoked, the	2895
industries, occupations, and professions with respect to which the	2896
certificates have been most applicable, the types of employers	2897
that have accepted the certificates, and the recidivism rates of	2898
individuals who have been issued the certificates. Not later than	2899
the date that is one year after the effective date of this	2900
section, the department of rehabilitation and correction shall	2901
submit to the general assembly and the governor a report that	2902
contains the results of the study and recommendations for	2903
transferring the mechanism for the issuance of certificate of	2904
qualification for employment created by this section to an	2905
electronic database established and maintained by the department.	2906

(L) The department of rehabilitation and correction, in	2907
conjunction with the Ohio judicial conference, shall conduct a	2908
study to determine whether the application process for	2909
certificates of qualification for employment created by this	2910
section is feasible based upon the caseload capacity of the	2911
department and the courts of common pleas. Not later than the date	2912
that is one year after the effective date of this section, the	2913
department shall submit to the general assembly a report that	2914
contains the results of the study and any recommendations for	2915
improvement of the application process.	2916

Sec. 2953.31. As used in sections 2953.31 to 2953.36 of the	2917
Revised Code:	2918

(A) "~~First~~Eligible offender" means anyone who has been	2919
convicted of an offense in this state or any other jurisdiction	2920
and who ~~previously or subsequently has not been convicted of the~~	2921
~~same or a different offense~~has not more than one felony	2922
conviction, not more than two misdemeanor convictions if the	2923
convictions are not of the same offense, or not more than one	2924
felony conviction and one misdemeanor conviction in this state or	2925
any other jurisdiction. When two or more convictions result from	2926
or are connected with the same act or result from offenses	2927
committed at the same time, they shall be counted as one	2928
conviction. When two or three convictions result from the same	2929
indictment, information, or complaint, from the same plea of	2930
guilty, or from the same official proceeding, and result from	2931
related criminal acts that were committed within a three-month	2932
period but do not result from the same act or from offenses	2933
committed at the same time, they shall be counted as one	2934
conviction, provided that a court may decide as provided in	2935
division (C)(1)(a) of section 2953.32 of the Revised Code that it	2936
is not in the public interest for the two or three convictions to	2937
be counted as one conviction.	2938

For purposes of, and except as otherwise provided in, this	2939
division, a conviction for a minor misdemeanor, for a violation of	2940
any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the	2941
Revised Code, or for a violation of a municipal ordinance that is	2942
substantially similar to any section in those chapters is not a	2943
~~previous or subsequent~~ conviction. However, a conviction for a	2944
violation of section 4511.19, 4511.251, 4549.02, 4549.021,	2945
4549.03, 4549.042, or 4549.62 or sections 4549.41 to 4549.46 of	2946
the Revised Code, for a violation of section 4510.11 or 4510.14 of	2947
the Revised Code that is based upon the offender's operation of a	2948
vehicle during a suspension imposed under section 4511.191 or	2949
4511.196 of the Revised Code, for a violation of a substantially	2950
equivalent municipal ordinance, for a felony violation of Title	2951
XLV of the Revised Code, or for a violation of a substantially	2952
equivalent former law of this state or former municipal ordinance	2953
shall be considered a ~~previous or subsequent~~ conviction.	2954

(B) "Prosecutor" means the county prosecuting attorney, city	2955
director of law, village solicitor, or similar chief legal	2956
officer, who has the authority to prosecute a criminal case in the	2957
court in which the case is filed.	2958

(C) "Bail forfeiture" means the forfeiture of bail by a	2959
defendant who is arrested for the commission of a misdemeanor,	2960
other than a defendant in a traffic case as defined in Traffic	2961
Rule 2, if the forfeiture is pursuant to an agreement with the	2962
court and prosecutor in the case.	2963

(D) "Official records" has the same meaning as in division	2964
(D) of section 2953.51 of the Revised Code.	2965

(E) "Official proceeding" has the same meaning as in section	2966
2921.01 of the Revised Code.	2967

(F) "Community control sanction" has the same meaning as in	2968
section 2929.01 of the Revised Code.	2969

(G) "Post-release control" and "post-release control	2970
sanction" have the same meanings as in section 2967.01 of the	2971
Revised Code.	2972

(H) "DNA database," "DNA record," and "law enforcement	2973
agency" have the same meanings as in section 109.573 of the	2974
Revised Code.	2975

(I) "Fingerprints filed for record" means any fingerprints	2976
obtained by the superintendent of the bureau of criminal	2977
identification and investigation pursuant to sections 109.57 and	2978
109.571 of the Revised Code.	2979

Sec. 2953.32. (A)(1) Except as provided in section 2953.61	2980
of the Revised Code, ~~a first~~an eligible offender may apply to the	2981
sentencing court if convicted in this state, or to a court of	2982
common pleas if convicted in another state or in a federal court,	2983
for the sealing of the conviction record. Application may be made	2984
at the expiration of three years after the offender's final	2985
discharge if convicted of a felony, or at the expiration of one	2986
year after the offender's final discharge if convicted of a	2987
misdemeanor.	2988

(2) Any person who has been arrested for any misdemeanor	2989
offense and who has effected a bail forfeiture may apply to the	2990
court in which the misdemeanor criminal case was pending when bail	2991
was forfeited for the sealing of the record of the case. Except as	2992
provided in section 2953.61 of the Revised Code, the application	2993
may be filed at any time after the expiration of one year from the	2994
date on which the bail forfeiture was entered upon the minutes of	2995
the court or the journal, whichever entry occurs first.	2996

(B) Upon the filing of an application under this section, the	2997
court shall set a date for a hearing and shall notify the	2998
prosecutor for the case of the hearing on the application. The	2999
prosecutor may object to the granting of the application by filing	3000
an objection with the court prior to the date set for the hearing.	3001
The prosecutor shall specify in the objection the reasons for	3002
believing a denial of the application is justified. The court	3003
shall direct its regular probation officer, a state probation	3004
officer, or the department of probation of the county in which the	3005
applicant resides to make inquiries and written reports as the	3006
court requires concerning the applicant. If the applicant was	3007
convicted of or pleaded guilty to a violation of division (A)(2)	3008
or (B) of section 2919.21 of the Revised Code, the probation	3009
officer or county department of probation that the court directed	3010
to make inquiries concerning the applicant shall contact the child	3011
support enforcement agency enforcing the applicant's obligations	3012
under the child support order to inquire about the offender's	3013
compliance with the child support order.	3014

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

3015

(a) Determine whether the applicant is ~~a first~~an eligible	3016
offender or whether the forfeiture of bail was agreed to by the	3017
applicant and the prosecutor in the case. If the applicant applies	3018
as ~~a first~~an eligible offender pursuant to division (A)(1) of	3019
this section and has two or three convictions that result from the	3020
same indictment, information, or complaint, from the same plea of	3021
guilty, or from the same official proceeding, and result from	3022
related criminal acts that were committed within a three-month	3023
period but do not result from the same act or from offenses	3024
committed at the same time, in making its determination under this	3025
division, the court initially shall determine whether it is not in	3026
the public interest for the two or three convictions to be counted	3027
as one conviction. If the court determines that it is not in the	3028
public interest for the two or three convictions to be counted as	3029
one conviction, the court shall determine that the applicant is	3030
not ~~a first~~an eligible offender; if the court does not make that	3031
determination, the court shall determine that the offender is a	3032
~~first~~an eligible offender.	3033

(b) Determine whether criminal proceedings are pending	3034
against the applicant;	3035

(c) If the applicant is ~~a first~~an eligible offender who	3036
applies pursuant to division (A)(1) of this section, determine	3037
whether the applicant has been rehabilitated to the satisfaction	3038
of the court;	3039

(d) If the prosecutor has filed an objection in accordance	3040
with division (B) of this section, consider the reasons against	3041
granting the application specified by the prosecutor in the	3042
objection;	3043

(e) Weigh the interests of the applicant in having the	3044
records pertaining to the applicant's conviction sealed against	3045
the legitimate needs, if any, of the government to maintain those	3046
records.	3047

(2) If the court determines, after complying with division	3048
(C)(1) of this section, that the applicant is ~~a first~~an eligible	3049
offender or the subject of a bail forfeiture, that no criminal	3050
proceeding is pending against the applicant, and that the	3051
interests of the applicant in having the records pertaining to the	3052
applicant's conviction or bail forfeiture sealed are not	3053
outweighed by any legitimate governmental needs to maintain those	3054
records, and that the rehabilitation of an applicant who is a	3055
~~first~~an eligible offender applying pursuant to division (A)(1) of	3056
this section has been attained to the satisfaction of the court,	3057
the court, except as provided in divisions (G) and (H) of this	3058
section, shall order all official records pertaining to the case	3059
sealed and, except as provided in division (F) of this section,	3060
all index references to the case deleted and, in the case of bail	3061
forfeitures, shall dismiss the charges in the case. The	3062
proceedings in the case shall be considered not to have occurred	3063
and the conviction or bail forfeiture of the person who is the	3064
subject of the proceedings shall be sealed, except that upon	3065
conviction of a subsequent offense, the sealed record of prior	3066
conviction or bail forfeiture may be considered by the court in	3067
determining the sentence or other appropriate disposition,	3068
including the relief provided for in sections 2953.31 to 2953.33	3069
of the Revised Code.	3070

(3) Upon the filing of an application under this section, the	3071
applicant, unless indigent, shall pay a fee of fifty dollars. The	3072
court shall pay thirty dollars of the fee into the state treasury.	3073
It shall pay twenty dollars of the fee into the county general	3074
revenue fund if the sealed conviction or bail forfeiture was	3075
pursuant to a state statute, or into the general revenue fund of	3076
the municipal corporation involved if the sealed conviction or	3077
bail forfeiture was pursuant to a municipal ordinance.	3078

(D) Inspection of the sealed records included in the order	3079
may be made only by the following persons or for the following	3080
purposes:	3081

(1) By a law enforcement officer or prosecutor, or the	3082
assistants of either, to determine whether the nature and	3083
character of the offense with which a person is to be charged	3084
would be affected by virtue of the person's previously having been	3085
convicted of a crime;	3086

(2) By the parole or probation officer of the person who is	3087
the subject of the records, for the exclusive use of the officer	3088
in supervising the person while on parole or under a community	3089
control sanction or a post-release control sanction, and in making	3090
inquiries and written reports as requested by the court or adult	3091
parole authority;	3092

(3) Upon application by the person who is the subject of the	3093
records, by the persons named in the application;	3094

(4) By a law enforcement officer who was involved in the	3095
case, for use in the officer's defense of a civil action arising	3096
out of the officer's involvement in that case;	3097

(5) By a prosecuting attorney or the prosecuting attorney's	3098
assistants, to determine a defendant's eligibility to enter a	3099
pre-trial diversion program established pursuant to section	3100
2935.36 of the Revised Code;	3101

(6) By any law enforcement agency or any authorized employee	3102
of a law enforcement agency or by the department of rehabilitation	3103
and correction as part of a background investigation of a person	3104
who applies for employment with the agency as a law enforcement	3105
officer or with the department as a corrections officer;	3106

(7) By any law enforcement agency or any authorized employee	3107
of a law enforcement agency, for the purposes set forth in, and in	3108
the manner provided in, section 2953.321 of the Revised Code;	3109

(8) By the bureau of criminal identification and	3110
investigation or any authorized employee of the bureau for the	3111
purpose of providing information to a board or person pursuant to	3112
division (F) or (G) of section 109.57 of the Revised Code;	3113

(9) By the bureau of criminal identification and	3114
investigation or any authorized employee of the bureau for the	3115
purpose of performing a criminal history records check on a person	3116
to whom a certificate as prescribed in section 109.77 of the	3117
Revised Code is to be awarded;	3118

(10) By the bureau of criminal identification and	3119
investigation or any authorized employee of the bureau for the	3120
purpose of conducting a criminal records check of an individual	3121
pursuant to division (B) of section 109.572 of the Revised Code	3122
that was requested pursuant to any of the sections identified in	3123
division (B)(1) of that section;	3124

(11) By the bureau of criminal identification and	3125
investigation, an authorized employee of the bureau, a sheriff, or	3126
an authorized employee of a sheriff in connection with a criminal	3127
records check described in section 311.41 of the Revised Code;	3128

(12) By the attorney general or an authorized employee of the	3129
attorney general or a court for purposes of determining a person's	3130
classification pursuant to Chapter 2950. of the Revised Code.	3131

When the nature and character of the offense with which a	3132
person is to be charged would be affected by the information, it	3133
may be used for the purpose of charging the person with an	3134
offense.	3135

(E) In any criminal proceeding, proof of any otherwise	3136
admissible prior conviction may be introduced and proved,	3137
notwithstanding the fact that for any such prior conviction an	3138
order of sealing previously was issued pursuant to sections	3139
2953.31 to 2953.36 of the Revised Code.	3140

(F) The person or governmental agency, office, or department	3141
that maintains sealed records pertaining to convictions or bail	3142
forfeitures that have been sealed pursuant to this section may	3143
maintain a manual or computerized index to the sealed records. The	3144
index shall contain only the name of, and alphanumeric identifiers	3145
that relate to, the persons who are the subject of the sealed	3146
records, the word "sealed," and the name of the person, agency,	3147
office, or department that has custody of the sealed records, and	3148
shall not contain the name of the crime committed. The index shall	3149
be made available by the person who has custody of the sealed	3150
records only for the purposes set forth in divisions (C), (D), and	3151
(E) of this section.	3152

(G) Notwithstanding any provision of this section or section	3153
2953.33 of the Revised Code that requires otherwise, a board of	3154
education of a city, local, exempted village, or joint vocational	3155
school district that maintains records of an individual who has	3156
been permanently excluded under sections 3301.121 and 3313.662 of	3157
the Revised Code is permitted to maintain records regarding a	3158
conviction that was used as the basis for the individual's	3159
permanent exclusion, regardless of a court order to seal the	3160
record. An order issued under this section to seal the record of a	3161
conviction does not revoke the adjudication order of the	3162
superintendent of public instruction to permanently exclude the	3163
individual who is the subject of the sealing order. An order	3164
issued under this section to seal the record of a conviction of an	3165
individual may be presented to a district superintendent as	3166
evidence to support the contention that the superintendent should	3167
recommend that the permanent exclusion of the individual who is	3168
the subject of the sealing order be revoked. Except as otherwise	3169
authorized by this division and sections 3301.121 and 3313.662 of	3170
the Revised Code, any school employee in possession of or having	3171
access to the sealed conviction records of an individual that were	3172
the basis of a permanent exclusion of the individual is subject to	3173
section 2953.35 of the Revised Code.	3174

(H) For purposes of sections 2953.31 to 2953.36 of the	3175
Revised Code, DNA records collected in the DNA database and	3176
fingerprints filed for record by the superintendent of the bureau	3177
of criminal identification and investigation shall not be sealed	3178
unless the superintendent receives a certified copy of a final	3179
court order establishing that the offender's conviction has been	3180
overturned. For purposes of this section, a court order is not	3181
"final" if time remains for an appeal or application for	3182
discretionary review with respect to the order.	3183

Sec. 2953.34. Nothing in sections 2953.31 to 2953.33 of the	3184
Revised Code precludes ~~a first~~an eligible offender from taking an	3185
appeal or seeking any relief from ~~his~~the eligible offender's	3186
conviction or from relying on it in lieu of any subsequent	3187
prosecution for the same offense.	3188

Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised	3189
Code do not apply to any of the following:	3190

(A) Convictions when the offender is subject to a mandatory	3191
prison term;	3192

(B) Convictions under section 2907.02, 2907.03, 2907.04,	3193
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section	3194
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised	3195
Code, or a conviction for a violation of a municipal ordinance	3196
that is substantially similar to any section contained in any of	3197
those chapters;	3198

(C) Convictions of an offense of violence when the offense is	3199
a misdemeanor of the first degree or a felony and when the offense	3200
is not a violation of section 2917.03 of the Revised Code and is	3201
not a violation of section 2903.13, 2917.01, or 2917.31 of the	3202
Revised Code that is a misdemeanor of the first degree;	3203

(D) Convictions on or after ~~the effective date of this~~	3204
~~amendment~~October 10, 2007, under section 2907.07 of the Revised	3205
Code or a conviction on or after ~~the effective date of this~~	3206
~~amendment~~October 10, 2007, for a violation of a municipal	3207
ordinance that is substantially similar to that section;	3208

(E) Convictions on or after ~~the effective date of this~~	3209
~~amendment~~October 10, 2007, under section 2907.08, 2907.09,	3210
2907.21, 2907.22, 2907.23, 2907.31, 2907.311, 2907.32, or 2907.33	3211
of the Revised Code when the victim of the offense was under	3212
eighteen years of age;	3213

(F) Convictions of an offense in circumstances in which the	3214
victim of the offense was under eighteen years of age when the	3215
offense is a misdemeanor of the first degree or a felony, except	3216
for convictions under section 2919.21 of the Revised Code;	3217

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

3218

(H) Bail forfeitures in a traffic case as defined in Traffic	3219
Rule 2.	3220

Sec. 2967.191. The department of rehabilitation and	3221
correction shall reduce the stated prison term of a prisoner or,	3222
if the prisoner is serving a term for which there is parole	3223
eligibility, the minimum and maximum term or the parole	3224
eligibility date of the prisoner by the total number of days that	3225
the prisoner was confined for any reason arising out of the	3226
offense for which the prisoner was convicted and sentenced,	3227
including confinement in lieu of bail while awaiting trial,	3228
confinement for examination to determine the prisoner's competence	3229
to stand trial or sanity, ~~and~~ confinement while awaiting	3230
transportation to the place where the prisoner is to serve the	3231
prisoner's prison term, and confinement in a juvenile facility.	3232

Sec. 3119.01. (A) As used in the Revised Code, "child	3233
support enforcement agency" means a child support enforcement	3234
agency designated under former section 2301.35 of the Revised Code	3235
prior to October 1, 1997, or a private or government entity	3236
designated as a child support enforcement agency under section	3237
307.981 of the Revised Code.	3238

(B) As used in this chapter and Chapters 3121., 3123., and	3239
3125. of the Revised Code:	3240

(1) "Administrative child support order" means any order	3241
issued by a child support enforcement agency for the support of a	3242
child pursuant to section 3109.19 or 3111.81 of the Revised Code	3243
or former section 3111.211 of the Revised Code, section 3111.21 of	3244
the Revised Code as that section existed prior to January 1, 1998,	3245
or section 3111.20 or 3111.22 of the Revised Code as those	3246
sections existed prior to March 22, 2001.	3247

(2) "Child support order" means either a court child support	3248
order or an administrative child support order.	3249

(3) "Obligee" means the person who is entitled to receive the	3250
support payments under a support order.	3251

(4) "Obligor" means the person who is required to pay support	3252
under a support order.	3253

(5) "Support order" means either an administrative child	3254
support order or a court support order.	3255

3256

(1) "Combined gross income" means the combined gross income	3257
of both parents.	3258

(2) "Court child support order" means any order issued by a	3259
court for the support of a child pursuant to Chapter 3115. of the	3260
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,	3261
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13,	3262
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised	3263
Code, or division (B) of former section 3113.21 of the Revised	3264
Code.	3265

(3) "Court support order" means either a court child support	3266
order or an order for the support of a spouse or former spouse	3267
issued pursuant to Chapter 3115. of the Revised Code, section	3268
3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B)	3269
of former section 3113.21 of the Revised Code.	3270

(4) "Extraordinary medical expenses" means any uninsured	3271
medical expenses incurred for a child during a calendar year that	3272
exceed one hundred dollars.	3273

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

3274

(a) For a parent who is employed to full capacity, the gross	3275
income of the parent;	3276

(b) For a parent who is unemployed or underemployed, the sum	3277
of the gross income of the parent and any potential income of the	3278
parent.	3279

(6) "Insurer" means any person authorized under Title XXXIX	3280
of the Revised Code to engage in the business of insurance in this	3281
state, any health insuring corporation, and any legal entity that	3282
is self-insured and provides benefits to its employees or members.	3283

(7) "Gross income" means, except as excluded in division	3284
(C)(7) of this section, the total of all earned and unearned	3285
income from all sources during a calendar year, whether or not the	3286
income is taxable, and includes income from salaries, wages,	3287
overtime pay, and bonuses to the extent described in division (D)	3288
of section 3119.05 of the Revised Code; commissions; royalties;	3289
tips; rents; dividends; severance pay; pensions; interest; trust	3290
income; annuities; social security benefits, including retirement,	3291
disability, and survivor benefits that are not means-tested;	3292
workers' compensation benefits; unemployment insurance benefits;	3293
disability insurance benefits; benefits that are not means-tested	3294
and that are received by and in the possession of the veteran who	3295
is the beneficiary for any service-connected disability under a	3296
program or law administered by the United States department of	3297
veterans' affairs or veterans' administration; spousal support	3298
actually received; and all other sources of income. "Gross income"	3299
includes income of members of any branch of the United States	3300
armed services or national guard, including, amounts representing	3301
base pay, basic allowance for quarters, basic allowance for	3302
subsistence, supplemental subsistence allowance, cost of living	3303
adjustment, specialty pay, variable housing allowance, and pay for	3304
training or other types of required drills; self-generated income;	3305
and potential cash flow from any source.	3306

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

3307

(a) Benefits received from means-tested government	3308
administered programs, including Ohio works first; prevention,	3309
retention, and contingency; means-tested veterans' benefits;	3310
supplemental security income; supplemental nutrition assistance	3311
program; disability financial assistance; or other assistance for	3312
which eligibility is determined on the basis of income or assets;	3313

(b) Benefits for any service-connected disability under a	3314
program or law administered by the United States department of	3315
veterans' affairs or veterans' administration that are not	3316
means-tested, that have not been distributed to the veteran who is	3317
the beneficiary of the benefits, and that are in the possession of	3318
the United States department of veterans' affairs or veterans'	3319
administration;	3320

(c) Child support received for children who were not born or	3321
adopted during the marriage at issue;	3322

(d) Amounts paid for mandatory deductions from wages such as	3323
union dues but not taxes, social security, or retirement in lieu	3324
of social security;	3325

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

3326

(f) Adoption assistance and foster care maintenance payments	3327
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.	3328
501, 42 U.S.C.A. 670 (1980), as amended.	3329

(8) "Nonrecurring or unsustainable income or cash flow item"	3330
means an income or cash flow item the parent receives in any year	3331
or for any number of years not to exceed three years that the	3332
parent does not expect to continue to receive on a regular basis.	3333
"Nonrecurring or unsustainable income or cash flow item" does not	3334
include a lottery prize award that is not paid in a lump sum or	3335
any other item of income or cash flow that the parent receives or	3336
expects to receive for each year for a period of more than three	3337
years or that the parent receives and invests or otherwise uses to	3338
produce income or cash flow for a period of more than three years.	3339

(9)(a) "Ordinary and necessary expenses incurred in	3340
generating gross receipts" means actual cash items expended by the	3341
parent or the parent's business and includes depreciation expenses	3342
of business equipment as shown on the books of a business entity.	3343

(b) Except as specifically included in "ordinary and	3344
necessary expenses incurred in generating gross receipts" by	3345
division (C)(9)(a) of this section, "ordinary and necessary	3346
expenses incurred in generating gross receipts" does not include	3347
depreciation expenses and other noncash items that are allowed as	3348
deductions on any federal tax return of the parent or the parent's	3349
business.	3350

(10) "Personal earnings" means compensation paid or payable	3351
for personal services, however denominated, and includes wages,	3352
salary, commissions, bonuses, draws against commissions, profit	3353
sharing, vacation pay, or any other compensation.	3354

(11) "Potential income" means both of the following for a	3355
parent who the court pursuant to a court support order, or a child	3356
support enforcement agency pursuant to an administrative child	3357
support order, determines is voluntarily unemployed or voluntarily	3358
underemployed:	3359

(a) Imputed income that the court or agency determines the	3360
parent would have earned if fully employed as determined from the	3361
following criteria:	3362

(i) The parent's prior employment experience;

3363

(ii) The parent's education;

3364

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

3365

(iv) The availability of employment in the geographic area in	3366
which the parent resides;	3367

(v) The prevailing wage and salary levels in the geographic	3368
area in which the parent resides;	3369

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

3370

(vii) Whether there is evidence that the parent has the	3371
ability to earn the imputed income;	3372

(viii) The age and special needs of the child for whom child	3373
support is being calculated under this section;	3374

(ix) The parent's increased earning capacity because of	3375
experience;	3376

(x) The parent's decreased earning capacity because of a	3377
felony conviction;	3378

(xi) Any other relevant factor.

3379

(b) Imputed income from any nonincome-producing assets of a	3380
parent, as determined from the local passbook savings rate or	3381
another appropriate rate as determined by the court or agency, not	3382
to exceed the rate of interest specified in division (A) of	3383
section 1343.03 of the Revised Code, if the income is significant.	3384

(12) "Schedule" means the basic child support schedule set	3385
forth in section 3119.021 of the Revised Code.	3386

(13) "Self-generated income" means gross receipts received by	3387
a parent from self-employment, proprietorship of a business, joint	3388
ownership of a partnership or closely held corporation, and rents	3389
minus ordinary and necessary expenses incurred by the parent in	3390
generating the gross receipts. "Self-generated income" includes	3391
expense reimbursements or in-kind payments received by a parent	3392
from self-employment, the operation of a business, or rents,	3393
including company cars, free housing, reimbursed meals, and other	3394
benefits, if the reimbursements are significant and reduce	3395
personal living expenses.	3396

(14) "Split parental rights and responsibilities" means a	3397
situation in which there is more than one child who is the subject	3398
of an allocation of parental rights and responsibilities and each	3399
parent is the residential parent and legal custodian of at least	3400
one of those children.	3401

(15) "Worksheet" means the applicable worksheet that is used	3402
to calculate a parent's child support obligation as set forth in	3403
sections 3119.022 and 3119.023 of the Revised Code.	3404

Sec. 3119.05. When a court computes the amount of child	3405
support required to be paid under a court child support order or a	3406
child support enforcement agency computes the amount of child	3407
support to be paid pursuant to an administrative child support	3408
order, all of the following apply:	3409

(A) The parents' current and past income and personal	3410
earnings shall be verified by electronic means or with suitable	3411
documents, including, but not limited to, paystubs, employer	3412
statements, receipts and expense vouchers related to	3413
self-generated income, tax returns, and all supporting	3414
documentation and schedules for the tax returns.	3415

(B) The amount of any pre-existing child support obligation	3416
of a parent under a child support order and the amount of any	3417
court-ordered spousal support actually paid shall be deducted from	3418
the gross income of that parent to the extent that payment under	3419
the child support order or that payment of the court-ordered	3420
spousal support is verified by supporting documentation.	3421

(C) If other minor children who were born to the parent and a	3422
person other than the other parent who is involved in the	3423
immediate child support determination live with the parent, the	3424
court or agency shall deduct an amount from that parent's gross	3425
income that equals the number of such minor children times the	3426
federal income tax exemption for such children less child support	3427
received for them for the year, not exceeding the federal income	3428
tax exemption.	3429

(D) When the court or agency calculates the gross income of a	3430
parent, it shall include the lesser of the following as income	3431
from overtime and bonuses:	3432

(1) The yearly average of all overtime, commissions, and	3433
bonuses received during the three years immediately prior to the	3434
time when the person's child support obligation is being computed;	3435

(2) The total overtime, commissions, and bonuses received	3436
during the year immediately prior to the time when the person's	3437
child support obligation is being computed.	3438

(E) When the court or agency calculates the gross income of a	3439
parent, it shall not include any income earned by the spouse of	3440
that parent.	3441

(F) The court shall issue a separate order for extraordinary	3442
medical or dental expenses, including, but not limited to,	3443
orthodontia, psychological, appropriate private education, and	3444
other expenses, and may consider the expenses in adjusting a child	3445
support order.	3446

(G) When a court or agency calculates the amount of child	3447
support to be paid pursuant to a court child support order or an	3448
administrative child support order, if the combined gross income	3449
of both parents is an amount that is between two amounts set forth	3450
in the first column of the schedule, the court or agency may use	3451
the basic child support obligation that corresponds to the higher	3452
of the two amounts in the first column of the schedule, use the	3453
basic child support obligation that corresponds to the lower of	3454
the two amounts in the first column of the schedule, or calculate	3455
a basic child support obligation that is between those two amounts	3456
and corresponds proportionally to the parents' actual combined	3457
gross income.	3458

(H) When the court or agency calculates gross income, the	3459
court or agency, when appropriate, may average income over a	3460
reasonable period of years.	3461

(I) AUnless it would be unjust or inappropriate and	3462
therefore not in the best interests of the child, a court or	3463
agency shall not determine a parent ~~receiving means-tested public~~	3464
~~assistance benefits~~ to be voluntarily unemployed or underemployed	3465
and shall not impute income to that parent~~, unless not making such~~	3466
~~determination and not imputing income would be unjust,~~	3467
~~inappropriate, and not in the best interest of the child~~if either	3468
of the following conditions exist:	3469

(1) The parent is receiving recurring monetary income from	3470
means-tested public assistance benefits, including cash assistance	3471
payments under the Ohio works first program established under	3472
Chapter 5107. of the Revised Code, financial assistance under the	3473
disability financial assistance program established under Chapter	3474
5115. of the Revised Code, supplemental security income, or	3475
means-tested veterans' benefits;	3476

(2) The parent is incarcerated or institutionalized for a	3477
period of twelve months or more with no other available assets,	3478
unless the parent is incarcerated for an offense relating to the	3479
abuse or neglect of a child who is the subject of the support	3480
order or an offense under Title XXIX of the Revised Code when the	3481
obligee or a child who is the subject of the support order is a	3482
victim of the offense.	3483

(J) When a court or agency requires a parent to pay an amount	3484
for that parent's failure to support a child for a period of time	3485
prior to the date the court modifies or issues a court child	3486
support order or an agency modifies or issues an administrative	3487
child support order for the current support of the child, the	3488
court or agency shall calculate that amount using the basic child	3489
support schedule, worksheets, and child support laws in effect,	3490
and the incomes of the parents as they existed, for that prior	3491
period of time.	3492

(K) A court or agency may disregard a parent's additional	3493
income from overtime or additional employment when the court or	3494
agency finds that the additional income was generated primarily to	3495
support a new or additional family member or members, or under	3496
other appropriate circumstances.	3497

(L) If both parents involved in the immediate child support	3498
determination have a prior order for support relative to a minor	3499
child or children born to both parents, the court or agency shall	3500
collect information about the existing order or orders and	3501
consider those together with the current calculation for support	3502
to ensure that the total of all orders for all children of the	3503
parties does not exceed the amount that would have been ordered if	3504
all children were addressed in a single judicial or administrative	3505
proceeding.	3506

Sec. 3123.58. (A) On receipt of a notice pursuant to section	3507
3123.54 of the Revised Code, the registrar of motor vehicles shall	3508
determine whether the individual named in the notice holds or has	3509
applied for a driver's license or commercial driver's license,	3510
motorcycle operator's license or endorsement, or temporary	3511
instruction permit or commercial driver's temporary instruction	3512
permit. If the registrar determines that the individual holds or	3513
has applied for a license, permit, or endorsement and the	3514
individual is the individual named in the notice and does not	3515
receive a notice pursuant to section 3123.56 or 3123.57 of the	3516
Revised Code, the registrar immediately shall provide notice of	3517
the determination to each deputy registrar. The registrar or a	3518
deputy registrar may not issue to the individual a driver's or	3519
commercial driver's license, motorcycle operator's license or	3520
endorsement, or temporary instruction permit or commercial	3521
driver's temporary instruction permit and may not renew for the	3522
individual a driver's or commercial driver's license, motorcycle	3523
operator's license or endorsement, or commercial driver's	3524
temporary instruction permit. The registrar or a deputy registrar	3525
also shall impose a class F suspension of the license, permit, or	3526
endorsement held by the individual under division (B)(6) of	3527
section 4510.02 of the Revised Code.	3528

(B)(1) A court may grant an individual whose license, permit,	3529
or endorsement is suspended under this section limited driving	3530
privileges in accordance with division (B) of section 4510.021 of	3531
the Revised Code pursuant to a request made during an action for	3532
contempt initiated under section 2705.031 of the Revised Code.	3533
Prior to granting privileges under this division, the court shall	3534
request the accused to provide the court with a recent	3535
noncertified copy of a driver's abstract from the registrar of	3536
motor vehicles and shall request the child support enforcement	3537
agency that issued the notice pursuant to section 3123.54 of the	3538
Revised Code relative to the individual to advise the court,	3539
either in person through a representative testifying at a hearing	3540
or through a written document, the position of the agency relative	3541
to the issue of the granting of privileges to the individual. The	3542
court, in determining whether to grant the individual privileges	3543
under this division, shall take into consideration the position of	3544
the agency, but the court is not bound by the position of the	3545
agency.	3546

(2) A court that grants limited driving privileges to a	3547
person under division (B)(1) of this section shall deliver to the	3548
person a permit card, in a form to be prescribed by the court,	3549
setting forth the date on which the limited privileges will become	3550
effective, the purposes for which the person may drive, the times	3551
and places at which the person may drive, and any other conditions	3552
imposed upon the person's use of a motor vehicle.	3553

(3) The court immediately shall notify the registrar, in	3554
writing, of a grant of limited driving privileges under division	3555
(B)(1) of this section. The notification shall specify the date on	3556
which the limited driving privileges will become effective, the	3557
purposes for which the person may drive, and any other conditions	3558
imposed upon the person's use of a motor vehicle.	3559

(C) If a person who has been granted limited driving	3560
privileges under division (B)(1) of this section is convicted of,	3561
pleads guilty to, or is adjudicated in juvenile court of having	3562
committed a violation of Chapter 4510. of the Revised Code or any	3563
similar municipal ordinance during the period of which the person	3564
was granted limited driving privileges, the person's limited	3565
driving privileges shall be suspended immediately pending a	3566
reinstatement hearing.	3567

Sec. 3772.10. (A) In determining whether to grant or maintain	3568
the privilege of a casino operator, management company, holding	3569
company, key employee, casino gaming employee, or gaming-related	3570
vendor license, the Ohio casino control commission shall consider	3571
all of the following, as applicable:	3572

(1) The reputation, experience, and financial integrity of	3573
the applicant, its holding company, if applicable, and any other	3574
person that directly or indirectly controls the applicant;	3575

(2) The financial ability of the applicant to purchase and	3576
maintain adequate liability and casualty insurance and to provide	3577
an adequate surety bond;	3578

(3) The past and present compliance of the applicant and its	3579
affiliates or affiliated companies with casino-related licensing	3580
requirements in this state or any other jurisdiction, including	3581
whether the applicant has a history of noncompliance with the	3582
casino licensing requirements of any jurisdiction;	3583

(4) If the applicant has been indicted, convicted, pleaded	3584
guilty or no contest, or forfeited bail concerning any criminal	3585
offense under the laws of any jurisdiction, either felony or	3586
misdemeanor, not including traffic violations;	3587

(5) If the applicant has filed, or had filed against it a	3588
proceeding for bankruptcy or has ever been involved in any formal	3589
process to adjust, defer, suspend, or otherwise work out the	3590
payment of any debt;	3591

(6) If the applicant has been served with a complaint or	3592
other notice filed with any public body regarding a payment of any	3593
tax required under federal, state, or local law that has been	3594
delinquent for one or more years;	3595

(7) If the applicant is or has been a defendant in litigation	3596
involving its business practices;	3597

(8) If awarding a license would undermine the public's	3598
confidence in the casino gaming industry in this state;	3599

(9) If the applicant meets other standards for the issuance	3600
of a license that the commission adopts by rule, which shall not	3601
be arbitrary, capricious, or contradictory to the expressed	3602
provisions of this chapter.	3603

(B) All applicants for a license under this chapter shall	3604
establish their suitability for a license by clear and convincing	3605
evidence. If the commission determines that a person is eligible	3606
under this chapter to be issued a license as a casino operator,	3607
management company, holding company, key employee, casino gaming	3608
employee, or gaming-related vendor, the commission shall issue	3609
such license for not more than three years, as determined by	3610
commission rule, if all other requirements of this chapter have	3611
been satisfied.	3612

(C) The commission shall not issue a casino operator,	3613
management company, holding company, key employee, casino gaming	3614
employee, or gaming-related vendor license under this chapter to	3615
an applicant if:	3616

(1) The applicant has been convicted of a disqualifying	3617
offense, as defined in section 3772.07 of the Revised Code.	3618

(2) The applicant has submitted an application for license	3619
under this chapter that contains false information.	3620

(3) The applicant is a commission member.

3621

(4) The applicant owns an ownership interest that is unlawful	3622
under this chapter, unless waived by the commission.	3623

(5) The applicant violates specific rules adopted by the	3624
commission related to denial of licensure.	3625

(6) The applicant is a member of or employed by a gaming	3626
regulatory body of a governmental unit in this state, another	3627
state, or the federal government, or is employed by a governmental	3628
unit of this state. This division does not prohibit a casino	3629
operator from hiring special duty law enforcement officers if the	3630
officers are not specifically involved in gaming-related	3631
regulatory functions.	3632

(7) The commission otherwise determines the applicant is	3633
ineligible for the license.	3634

(D)(1) The commission shall investigate the qualifications of	3635
each applicant under this chapter before any license is issued and	3636
before any finding with regard to acts or transactions for which	3637
commission approval is required is made. The commission shall	3638
continue to observe the conduct of all licensees and all other	3639
persons having a material involvement directly or indirectly with	3640
a casino operator, management company, or holding company to	3641
ensure that licenses are not issued to or held by, or that there	3642
is not any material involvement with a casino operator, management	3643
company, or holding company by, an unqualified, disqualified, or	3644
unsuitable person or a person whose operations are conducted in an	3645
unsuitable manner or in unsuitable or prohibited places or	3646
locations.	3647

(2) The executive director may recommend to the commission	3648
that it deny any application, or limit, condition, or restrict, or	3649
suspend or revoke, any license or finding, or impose any fine upon	3650
any licensee or other person according to this chapter and the	3651
rules adopted thereunder.	3652

(3) A license issued under this chapter is a revocable	3653
privilege. No licensee has a vested right in or under any license	3654
issued under this chapter. The initial determination of the	3655
commission to deny, or to limit, condition, or restrict, a license	3656
may be appealed under section 2505.03 of the Revised Code.	3657

(E)(1) An institutional investor otherwise required to be	3658
found suitable or qualified under this chapter and the rules	3659
adopted under this chapter shall be presumed suitable or qualified	3660
upon submitting documentation sufficient to establish	3661
qualifications as an institutional investor and upon certifying	3662
all of the following:	3663

(a) The institutional investor owns, holds, or controls	3664
publicly traded securities issued by a licensee or holding,	3665
intermediate, or parent company of a licensee or in the ordinary	3666
course of business for investment purposes only.	3667

(b) The institutional investor does not exercise influence	3668
over the affairs of the issuer of such securities nor over any	3669
licensed subsidiary of the issuer of such securities.	3670

(c) The institutional investor does not intend to exercise	3671
influence over the affairs of the issuer of such securities, nor	3672
over any licensed subsidiary of the issuer of such securities, in	3673
the future, and that it agrees to notify the commission in writing	3674
within thirty days if such intent changes.	3675

(2) The exercise of voting privileges with regard to publicly	3676
traded securities shall not be deemed to constitute the exercise	3677
of influence over the affairs of a licensee.	3678

(3) The commission shall rescind the presumption of	3679
suitability for an institutional investor at any time if the	3680
institutional investor exercises or intends to exercise influence	3681
or control over the affairs of the licensee.	3682

(4) This division shall not be construed to preclude the	3683
commission from investigating the suitability or qualifications of	3684
an institutional investor if the commission becomes aware of facts	3685
or information that may result in the institutional investor being	3686
found unsuitable or disqualified.	3687

(F) Information provided on the application shall be used as	3688
a basis for a thorough background investigation of each applicant.	3689
A false or incomplete application is cause for denial of a license	3690
by the commission. All applicants and licensees shall consent to	3691
inspections, searches, and seizures and to the disclosure to the	3692
commission and its agents of confidential records, including tax	3693
records, held by any federal, state, or local agency, credit	3694
bureau, or financial institution and to provide handwriting	3695
exemplars, photographs, fingerprints, and information as	3696
authorized in this chapter and in rules adopted by the commission.	3697

(G) The commission shall provide a written statement to each	3698
applicant for a license under this chapter who is denied the	3699
license that describes the reason or reasons for which the	3700
applicant was denied the license.	3701

(H) Not later than January 31 in each calendar year, the	3702
commission shall provide to the general assembly and the governor	3703
a report that, for each type of license issued under this chapter,	3704
specifies the number of applications made in the preceding	3705
calendar year for each type of such license, the number of	3706
applications denied in the preceding calendar year for each type	3707
of such license, and the reasons for those denials. The	3708
information regarding the reasons for the denials shall specify	3709
each reason that resulted in, or that was a factor resulting in,	3710
denial for each type of license issued under this chapter and, for	3711
each of those reasons, the total number of denials for each such	3712
type that involved that reason.	3713

Sec. 4301.99. (A) Whoever violates section 4301.47, 4301.48,	3714
4301.49, 4301.62, or 4301.70 or division (C) of section 4301.65 or	3715
division (B) of section 4301.691 of the Revised Code is guilty of	3716
a minor misdemeanor.	3717

(B) Whoever violates section 4301.15, division (A)(2) or (C)	3718
of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I)	3719
of section 4301.631, or section 4301.64 or 4301.67 of the Revised	3720
Code is guilty of a misdemeanor of the fourth degree.	3721

If an offender who violates section 4301.64 of the Revised	3722
Code was under the age of eighteen years at the time of the	3723
offense, the court, in addition to any other penalties it imposes	3724
upon the offender, ~~shall~~may suspend the offender's temporary	3725
instruction permit, probationary driver's license, or driver's	3726
license for a period of not less than six months and not more than	3727
one year. In lieu of suspending the offender's temporary	3728
instruction permit, probationary driver's license, or driver's	3729
license, the court instead may require the offender to perform	3730
community service for a number of hours determined by the court.	3731
If the offender is fifteen years and six months of age or older	3732
and has not been issued a temporary instruction permit or	3733
probationary driver's license, the offender shall not be eligible	3734
to be issued such a license or permit for a period of six months.	3735
If the offender has not attained the age of fifteen years and six	3736
months, the offender shall not be eligible to be issued a	3737
temporary instruction permit until the offender attains the age of	3738
sixteen years.	3739

(C) Whoever violates division (D) of section 4301.21, section	3740
4301.251, 4301.58, 4301.59, 4301.60, 4301.633, 4301.66, 4301.68,	3741
or 4301.74, division (B), (C), (D), (E)(1), or (F) of section	3742
4301.69, or division (C), (D), (E), (F), (G), or (I) of section	3743
4301.691 of the Revised Code is guilty of a misdemeanor of the	3744
first degree.	3745

If an offender who violates division (E)(1) of section	3746
4301.69 of the Revised Code was under the age of eighteen years at	3747
the time of the offense and the offense occurred while the	3748
offender was the operator of or a passenger in a motor vehicle,	3749
the court, in addition to any other penalties it imposes upon the	3750
offender, shall suspend the offender's temporary instruction	3751
permit or probationary driver's license for a period of not less	3752
than six months and not more than one year. If the offender is	3753
fifteen years and six months of age or older and has not been	3754
issued a temporary instruction permit or probationary driver's	3755
license, the offender shall not be eligible to be issued such a	3756
license or permit for a period of six months. If the offender has	3757
not attained the age of fifteen years and six months, the offender	3758
shall not be eligible to be issued a temporary instruction permit	3759
until the offender attains the age of sixteen years.	3760

(D) Whoever violates division (B) of section 4301.14, or	3761
division (A)(1) or (3) or (B) of section 4301.22 of the Revised	3762
Code is guilty of a misdemeanor of the third degree.	3763

(E) Whoever violates section 4301.63 or division (B) of	3764
section 4301.631 of the Revised Code shall be fined not less than	3765
twenty-five nor more than one hundred dollars. The court imposing	3766
a fine for a violation of section 4301.63 or division (B) of	3767
section 4301.631 of the Revised Code may order that the fine be	3768
paid by the performance of public work at a reasonable hourly rate	3769
established by the court. The court shall designate the time	3770
within which the public work shall be completed.	3771

(F)(1) Whoever violates section 4301.634 of the Revised Code	3772
is guilty of a misdemeanor of the first degree. If, in committing	3773
a first violation of that section, the offender presented to the	3774
permit holder or the permit holder's employee or agent a false,	3775
fictitious, or altered identification card, a false or fictitious	3776
driver's license purportedly issued by any state, or a driver's	3777
license issued by any state that has been altered, the offender is	3778
guilty of a misdemeanor of the first degree and shall be fined not	3779
less than two hundred fifty and not more than one thousand	3780
dollars, and may be sentenced to a term of imprisonment of not	3781
more than six months.	3782

(2) On a second violation in which, for the second time, the	3783
offender presented to the permit holder or the permit holder's	3784
employee or agent a false, fictitious, or altered identification	3785
card, a false or fictitious driver's license purportedly issued by	3786
any state, or a driver's license issued by any state that has been	3787
altered, the offender is guilty of a misdemeanor of the first	3788
degree and shall be fined not less than five hundred nor more than	3789
one thousand dollars, and may be sentenced to a term of	3790
imprisonment of not more than six months. The court also may	3791
impose a class seven suspension of the offender's driver's or	3792
commercial driver's license or permit or nonresident operating	3793
privilege from the range specified in division (A)(7) of section	3794
4510.02 of the Revised Code.	3795

(3) On a third or subsequent violation in which, for the	3796
third or subsequent time, the offender presented to the permit	3797
holder or the permit holder's employee or agent a false,	3798
fictitious, or altered identification card, a false or fictitious	3799
driver's license purportedly issued by any state, or a driver's	3800
license issued by any state that has been altered, the offender is	3801
guilty of a misdemeanor of the first degree and shall be fined not	3802
less than five hundred nor more than one thousand dollars, and may	3803
be sentenced to a term of imprisonment of not more than six	3804
months. ~~The~~Except as provided in this division, the court also	3805
~~shall~~may impose a class six suspension of the offender's driver's	3806
or commercial driver's license or permit or nonresident operating	3807
privilege from the range specified in division (A)(6) of section	3808
4510.02 of the Revised Code, and the court may order that the	3809
suspension or denial remain in effect until the offender attains	3810
the age of twenty-one years. The court ~~also~~, in lieu of suspending	3811
the offender's temporary instruction permit, probationary driver's	3812
license, or driver's license, instead may order the offender to	3813
perform a determinate number of hours of community service, with	3814
the court determining the actual number of hours and the nature of	3815
the community service the offender shall perform.	3816

(G) Whoever violates section 4301.636 of the Revised Code is	3817
guilty of a felony of the fifth degree.	3818

(H) Whoever violates division (A)(1) of section 4301.22 of	3819
the Revised Code is guilty of a misdemeanor, shall be fined not	3820
less than five hundred and not more than one thousand dollars,	3821
and, in addition to the fine, may be imprisoned for a definite	3822
term of not more than sixty days.	3823

(I) Whoever violates division (A) of section 4301.69 or	3824
division (H) of section 4301.691 of the Revised Code is guilty of	3825
a misdemeanor, shall be fined not less than five hundred and not	3826
more than one thousand dollars, and, in addition to the fine, may	3827
be imprisoned for a definite term of not more than six months.	3828

(J) Whoever violates division (B) of section 4301.65 of the	3829
Revised Code is guilty of a misdemeanor of the third degree. For a	3830
second or subsequent violation occurring within a period of five	3831
consecutive years after the first violation, a person is guilty of	3832
a misdemeanor of the first degree.	3833

Sec. 4501.02. (A) There is hereby created in the department	3834
of public safety a bureau of motor vehicles, which shall be	3835
administered by a registrar of motor vehicles. The registrar shall	3836
be appointed by the director of public safety and shall serve at	3837
the director's pleasure.	3838

The registrar shall administer the laws of the state relative	3839
to the registration of and certificates of title for motor	3840
vehicles, and the licensing of motor vehicle dealers, motor	3841
vehicle leasing dealers, distributors, and salespersons, and of	3842
motor vehicle salvage dealers, salvage motor vehicle auctions, and	3843
salvage motor vehicle pools. The registrar also shall, in	3844
accordance with section 4503.61 of the Revised Code, take those	3845
steps necessary to enter this state into membership in the	3846
international registration plan and carry out the registrar's	3847
other duties under that section. The registrar, with the approval	3848
of the director of public safety, may do all of the following:	3849

(1) Adopt such forms and rules as are necessary to carry out	3850
all laws the registrar is required to administer;	3851

(2) Appoint such number of assistants, deputies, clerks,	3852
stenographers, and other employees as are necessary to carry out	3853
such laws;	3854

(3) Acquire or lease such facilities as are necessary to	3855
carry out the duties of the registrar's office;	3856

(4) Apply for, allocate, disburse, and account for grants	3857
made available under federal law or from other federal, state, or	3858
private sources;	3859

(5) Establish accounts in a bank or depository and deposit	3860
any funds collected by the registrar in those accounts to the	3861
credit of "state of Ohio, bureau of motor vehicles." Within three	3862
days after the deposit of funds in such an account, the registrar	3863
shall draw on that account in favor of the treasurer of state. The	3864
registrar may reserve funds against the draw to the treasurer of	3865
state to the extent reasonably necessary to ensure that the	3866
deposited items are not dishonored. The registrar may pay any	3867
service charge usually collected by the bank or depository;	3868

(6) Develop rules that establish disqualifying offenses for	3869
licensure as a motor vehicle salvage dealer pursuant to sections	3870
4738.04, 4738.07, and 4776.10 of the Revised Code.	3871

The registrar shall give a bond for the faithful performance	3872
of the registrar's duties in such amount and with such security as	3873
the director approves. When in the opinion of the director it is	3874
advisable, any deputy or other employee may be required to give	3875
bond in such amount and with such security as the director	3876
approves. In the discretion of the director, the bonds authorized	3877
to be taken on deputies or other employees may be individual,	3878
schedule, or blanket bonds.	3879

The director of public safety may investigate the activities	3880
of the bureau and have access to its records at any time, and the	3881
registrar shall make a report to the director at any time upon	3882
request.	3883

All laws relating to the licensing of motor vehicle dealers,	3884
motor vehicle leasing dealers, distributors, and salespersons, and	3885
of motor vehicle salvage dealers, salvage motor vehicle auctions,	3886
and salvage motor vehicle pools, designating and granting power to	3887
the registrar shall be liberally construed to the end that the	3888
practice or commission of fraud in the business of selling motor	3889
vehicles and of disposing of salvage motor vehicles may be	3890
prohibited and prevented.	3891

(B) There is hereby created in the department of public	3892
safety a division of emergency medical services, which shall be	3893
administered by an executive director of emergency medical	3894
services appointed under section 4765.03 of the Revised Code.	3895

Sec. 4503.233. (A)(1) If a court is required to order the	3896
immobilization of a vehicle for a specified period of time	3897
pursuant to section 4510.11, 4510.14, ~~4510.16,~~ 4510.161, 4510.41,	3898
4511.19, 4511.193, or 4511.203 of the Revised Code, the court,	3899
subject to section 4503.235 of the Revised Code, shall issue the	3900
immobilization order in accordance with this division and for the	3901
period of time specified in the particular section, and the	3902
immobilization under the order shall be in accordance with this	3903
section. The court, at the time of sentencing the offender for the	3904
offense relative to which the immobilization order is issued or as	3905
soon thereafter as is practicable, shall give a copy of the order	3906
to the offender or the offender's counsel. The court promptly	3907
shall send a copy of the order to the registrar on a form	3908
prescribed by the registrar and to the person or agency it	3909
designates to execute the order.	3910

The order shall indicate the date on which it is issued,	3911
shall identify the vehicle that is subject to the order, and shall	3912
specify all of the following:	3913

(a) The period of the immobilization;

3914

(b) The place at which the court determines that the	3915
immobilization shall be carried out, provided that the court shall	3916
not determine and shall not specify that the immobilization is to	3917
be carried out at any place other than a commercially operated	3918
private storage lot, a place owned by a law enforcement or other	3919
government agency, or a place to which one of the following	3920
applies:	3921

(i) The place is leased by or otherwise under the control of	3922
a law enforcement or other government agency.	3923

(ii) The place is owned by the offender, the offender's	3924
spouse, or a parent or child of the offender.	3925

(iii) The place is owned by a private person or entity, and,	3926
prior to the issuance of the order, the private entity or person	3927
that owns the place, or the authorized agent of that private	3928
entity or person, has given express written consent for the	3929
immobilization to be carried out at that place.	3930

(iv) The place is a public street or highway on which the	3931
vehicle is parked in accordance with the law.	3932

(c) The person or agency designated by the court to execute	3933
the order, which shall be either the law enforcement agency that	3934
employs the law enforcement officer who seized the vehicle, a	3935
bailiff of the court, another person the court determines to be	3936
appropriate to execute the order, or the law enforcement agency	3937
with jurisdiction over the place of residence of the vehicle	3938
owner;	3939

(d) That neither the registrar nor a deputy registrar will be	3940
permitted to accept an application for the license plate	3941
registration of any motor vehicle in the name of the vehicle owner	3942
until the immobilization fee is paid.	3943

(2) The person or agency the court designates to immobilize	3944
the vehicle shall seize or retain that vehicle's license plates	3945
and forward them to the bureau of motor vehicles.	3946

(3) In all cases, the offender shall be assessed an	3947
immobilization fee of one hundred dollars, and the immobilization	3948
fee shall be paid to the registrar before the vehicle may be	3949
released to the offender. Neither the registrar nor a deputy	3950
registrar shall accept an application for the registration of any	3951
motor vehicle in the name of the offender until the immobilization	3952
fee is paid.	3953

(4) If the vehicle subject to the order is immobilized	3954
pursuant to the order and is found being operated upon any street	3955
or highway in this state during the immobilization period, it	3956
shall be seized, removed from the street or highway, and	3957
criminally forfeited and disposed of pursuant to section 4503.234	3958
of the Revised Code.	3959

(5) The registrar shall deposit the immobilization fee into	3960
the law enforcement reimbursement fund created by section 4501.19	3961
of the Revised Code. Money in the fund shall be expended only as	3962
provided in division (A)(5) of this section. If the court	3963
designated in the order a court bailiff or another appropriate	3964
person other than a law enforcement officer to immobilize the	3965
vehicle, the amount of the fee deposited into the law enforcement	3966
reimbursement fund shall be paid out to the county treasury if the	3967
court that issued the order is a county court, to the treasury of	3968
the municipal corporation served by the court if the court that	3969
issued the order is a mayor's court, or to the city treasury of	3970
the legislative authority of the court, both as defined in section	3971
1901.03 of the Revised Code, if the court that issued the order is	3972
a municipal court. If the court designated a law enforcement	3973
agency to immobilize the vehicle and if the law enforcement agency	3974
immobilizes the vehicle, the amount of the fee deposited into the	3975
law enforcement reimbursement fund shall be paid out to the law	3976
enforcement agency to reimburse the agency for the costs it incurs	3977
in obtaining immobilization equipment and, if required, in sending	3978
an officer or other person to search for and locate the vehicle	3979
specified in the immobilization order and to immobilize the	3980
vehicle.	3981

In addition to the immobilization fee required to be paid	3982
under division (A)(3) of this section, the offender may be charged	3983
expenses or charges incurred in the removal and storage of the	3984
immobilized vehicle.	3985

(B) If a court issues an immobilization order under division	3986
(A)(1) of this section, the person or agency designated by the	3987
court to execute the immobilization order promptly shall	3988
immobilize or continue the immobilization of the vehicle at the	3989
place specified by the court in the order. The registrar shall not	3990
authorize the release of the vehicle or authorize the issuance of	3991
new identification license plates for the vehicle at the end of	3992
the immobilization period until the immobilization fee has been	3993
paid.	3994

(C) Upon receipt of the license plates for a vehicle under	3995
this section, the registrar shall destroy the license plates. At	3996
the end of the immobilization period and upon the payment of the	3997
immobilization fee that must be paid under this section, the	3998
registrar shall authorize the release of the vehicle and authorize	3999
the issuance, upon the payment of the same fee as is required for	4000
the replacement of lost, mutilated, or destroyed license plates	4001
and certificates of registration, of new license plates and, if	4002
necessary, a new certificate of registration to the offender for	4003
the vehicle in question.	4004

(D)(1) If a court issues an immobilization order under	4005
division (A) of this section, the immobilization period commences	4006
on the day on which the vehicle in question is immobilized. If the	4007
vehicle in question had been seized under section 4510.41 or	4008
4511.195 of the Revised Code, the time between the seizure and the	4009
beginning of the immobilization period shall be credited against	4010
the immobilization period specified in the immobilization order	4011
issued under division (A) of this section. No vehicle that is	4012
immobilized under this section is eligible to have restricted	4013
license plates under section 4503.231 of the Revised Code issued	4014
for that vehicle.	4015

(2) If a court issues an immobilization order under division	4016
(A) of this section, if the vehicle subject to the order is	4017
immobilized under the order, and if the vehicle is found being	4018
operated upon any street or highway of this state during the	4019
immobilization period, it shall be seized, removed from the street	4020
or highway, and criminally forfeited, and disposed of pursuant to	4021
section 4503.234 of the Revised Code. No vehicle that is forfeited	4022
under this provision shall be considered contraband for purposes	4023
of Chapter 2981. of the Revised Code, but shall be held by the law	4024
enforcement agency that employs the officer who seized it for	4025
disposal in accordance with section 4503.234 of the Revised Code.	4026

(3) If a court issues an immobilization order under division	4027
(A) of this section, and if the vehicle is not claimed within	4028
seven days after the end of the period of immobilization or if the	4029
offender has not paid the immobilization fee, the person or agency	4030
that immobilized the vehicle shall send a written notice to the	4031
offender at the offender's last known address informing the	4032
offender of the date on which the period of immobilization ended,	4033
that the offender has twenty days after the date of the notice to	4034
pay the immobilization fee and obtain the release of the vehicle,	4035
and that if the offender does not pay the fee and obtain the	4036
release of the vehicle within that twenty-day period, the vehicle	4037
will be forfeited under section 4503.234 of the Revised Code to	4038
the entity that is entitled to the immobilization fee.	4039

(4) An offender whose motor vehicle is subject to an	4040
immobilization order issued under division (A) of this section	4041
shall not sell the motor vehicle without approval of the court	4042
that issued the order. If such an offender wishes to sell the	4043
motor vehicle during the immobilization period, the offender shall	4044
apply to the court that issued the immobilization order for	4045
permission to assign the title to the vehicle. If the court is	4046
satisfied that the sale will be in good faith and not for the	4047
purpose of circumventing the provisions of division (A)(1) of this	4048
section, it may certify its consent to the offender and to the	4049
registrar. Upon receipt of the court's consent, the registrar	4050
shall enter the court's notice in the offender's vehicle license	4051
plate registration record.	4052

If, during a period of immobilization under an immobilization	4053
order issued under division (A) of this section, the title to the	4054
immobilized motor vehicle is transferred by the foreclosure of a	4055
chattel mortgage, a sale upon execution, the cancellation of a	4056
conditional sales contract, or an order of a court, the involved	4057
court shall notify the registrar of the action, and the registrar	4058
shall enter the court's notice in the offender's vehicle license	4059
plate registration record.	4060

Nothing in this section shall be construed as requiring the	4061
registrar or the clerk of the court of common pleas to note upon	4062
the certificate of title records any prohibition regarding the	4063
sale of a motor vehicle.	4064

(5) If the title to a motor vehicle that is subject to an	4065
immobilization order under division (A) of this section is	4066
assigned or transferred without court approval between the time of	4067
arrest of the offender who committed the offense for which such an	4068
order is to be issued and the time of the actual immobilization of	4069
the vehicle, the court shall order that, for a period of two years	4070
from the date of the order, neither the registrar nor any deputy	4071
registrar shall accept an application for the registration of any	4072
motor vehicle in the name of the offender whose vehicle was	4073
assigned or transferred without court approval. The court shall	4074
notify the registrar of the order on a form prescribed by the	4075
registrar for that purpose.	4076

(6) If the title to a motor vehicle that is subject to an	4077
immobilization order under division (A) of this section is	4078
assigned or transferred without court approval in violation of	4079
division (D)(4) of this section, then, in addition to or	4080
independent of any other penalty established by law, the court may	4081
fine the offender the value of the vehicle as determined by	4082
publications of the national auto dealers association. The	4083
proceeds from any fine so imposed shall be distributed in the same	4084
manner as the proceeds of the sale of a forfeited vehicle are	4085
distributed pursuant to division (C)(2) of section 4503.234 of the	4086
Revised Code.	4087

(E)(1) The court with jurisdiction over the case, after	4088
notice to all interested parties including lienholders, and after	4089
an opportunity for them to be heard, if the offender fails to	4090
appear in person, without good cause, or if the court finds that	4091
the offender does not intend to seek release of the vehicle at the	4092
end of the period of immobilization or that the offender is not or	4093
will not be able to pay the expenses and charges incurred in its	4094
removal and storage, may order that title to the vehicle be	4095
transferred, in order of priority, first into the name of the	4096
entity entitled to the immobilization fee under division (A)(5) of	4097
this section, next into the name of a lienholder, or lastly, into	4098
the name of the owner of the place of storage.	4099

A lienholder that receives title under a court order shall do	4100
so on the condition that it pay any expenses or charges incurred	4101
in the vehicle's removal and storage. If the entity that receives	4102
title to the vehicle is the entity that is entitled to the	4103
immobilization fee under division (A)(5) of this section, it shall	4104
receive title on the condition that it pay any lien on the	4105
vehicle. The court shall not order that title be transferred to	4106
any person or entity other than the owner of the place of storage	4107
if the person or entity refuses to receive the title. Any person	4108
or entity that receives title may either keep title to the vehicle	4109
or may dispose of the vehicle in any legal manner that it	4110
considers appropriate, including assignment of the certificate of	4111
title to the motor vehicle to a salvage dealer or a scrap metal	4112
processing facility. The person or entity shall not transfer the	4113
vehicle to the person who is the vehicle's immediate previous	4114
owner.	4115

If the person or entity assigns the motor vehicle to a	4116
salvage dealer or scrap metal processing facility, the person or	4117
entity shall send the assigned certificate of title to the motor	4118
vehicle to the clerk of the court of common pleas of the county in	4119
which the salvage dealer or scrap metal processing facility is	4120
located. The person or entity shall mark the face of the	4121
certificate of title with the words "FOR DESTRUCTION" and shall	4122
deliver a photocopy of the certificate of title to the salvage	4123
dealer or scrap metal processing facility for its records.	4124

(2) Whenever a court issues an order under division (E)(1) of	4125
this section, the court also shall order removal of the license	4126
plates from the vehicle and cause them to be sent to the registrar	4127
if they have not already been sent to the registrar. Thereafter,	4128
no further proceedings shall take place under this section, but	4129
the offender remains liable for payment of the immobilization fee	4130
described in division (A)(3) of this section if an immobilization	4131
order previously had been issued by the court.	4132

(3) Prior to initiating a proceeding under division (E)(1) of	4133
this section, and upon payment of the fee under division (B) of	4134
section 4505.14 of the Revised Code, any interested party may	4135
cause a search to be made of the public records of the bureau of	4136
motor vehicles or the clerk of the court of common pleas, to	4137
ascertain the identity of any lienholder of the vehicle. The	4138
initiating party shall furnish this information to the clerk of	4139
the court with jurisdiction over the case, and the clerk shall	4140
provide notice to the vehicle owner, the defendant, any	4141
lienholder, and any other interested parties listed by the	4142
initiating party, at the last known address supplied by the	4143
initiating party, by certified mail or, at the option of the	4144
initiating party, by personal service or ordinary mail.	4145

As used in this section, "interested party" includes the	4146
offender, all lienholders, the owner of the place of storage, the	4147
person or entity that caused the vehicle to be removed, and the	4148
person or entity, if any, entitled to the immobilization fee under	4149
division (A)(5) of this section.	4150

Sec. 4503.234. (A) If a court orders the criminal forfeiture	4151
of a vehicle pursuant to section 4503.233, 4503.236, 4510.11,	4152
4510.14, ~~4510.16,~~ 4510.161, 4510.41, 4511.19, 4511.193, or	4153
4511.203 of the Revised Code, the order shall be issued and	4154
enforced in accordance with this division, subject to division (B)	4155
of this section. An order of criminal forfeiture issued under this	4156
division shall authorize an appropriate law enforcement agency to	4157
seize the vehicle ordered criminally forfeited upon the terms and	4158
conditions that the court determines proper. No vehicle ordered	4159
criminally forfeited pursuant to this division shall be considered	4160
contraband for purposes of Chapter 2981. of the Revised Code, but	4161
the law enforcement agency that employs the officer who seized it	4162
shall hold the vehicle for disposal in accordance with this	4163
section. A forfeiture order may be issued only after the offender	4164
has been provided with an opportunity to be heard. The prosecuting	4165
attorney shall give the offender written notice of the possibility	4166
of forfeiture by sending a copy of the relevant uniform traffic	4167
ticket or other written notice to the offender not less than seven	4168
days prior to the date of issuance of the forfeiture order. A	4169
vehicle is subject to an order of criminal forfeiture pursuant to	4170
this division upon the conviction of the offender of or plea of	4171
guilty by the offender to a violation of division (A) of section	4172
4503.236, section 4510.11, 4510.14, ~~4510.16,~~ or 4511.203, or	4173
division (A) of section 4511.19 of the Revised Code, or a	4174
municipal ordinance that is substantially equivalent to any of	4175
those sections or divisions.	4176

(B)(1) Prior to the issuance of an order of criminal	4177
forfeiture pursuant to this section, the law enforcement agency	4178
that employs the law enforcement officer who seized the vehicle	4179
shall conduct or cause to be conducted a search of the appropriate	4180
public records that relate to the vehicle and shall make or cause	4181
to be made reasonably diligent inquiries to identify any	4182
lienholder or any person or entity with an ownership interest in	4183
the vehicle. The court that is to issue the forfeiture order also	4184
shall cause a notice of the potential order relative to the	4185
vehicle and of the expected manner of disposition of the vehicle	4186
after its forfeiture to be sent to any lienholder or person who is	4187
known to the court to have any right, title, or interest in the	4188
vehicle. The court shall give the notice by certified mail, return	4189
receipt requested, or by personal service.	4190

(2) No order of criminal forfeiture shall be issued pursuant	4191
to this section if a lienholder or other person with an ownership	4192
interest in the vehicle establishes to the court, by a	4193
preponderance of the evidence after filing a motion with the	4194
court, that the lienholder or other person neither knew nor should	4195
have known after a reasonable inquiry that the vehicle would be	4196
used or involved, or likely would be used or involved, in the	4197
violation resulting in the issuance of the order of criminal	4198
forfeiture or the violation of the order of immobilization issued	4199
under section 4503.233 of the Revised Code, that the lienholder or	4200
other person did not expressly or impliedly consent to the use or	4201
involvement of the vehicle in that violation, and that the lien or	4202
ownership interest was perfected pursuant to law prior to the	4203
seizure of the vehicle under section 4503.236, 4510.41, 4511.195,	4204
or 4511.203 of the Revised Code. If the lienholder or holder of	4205
the ownership interest satisfies the court that these criteria	4206
have been met, the court shall preserve the lienholder's or other	4207
person's lien or interest, and the court either shall return the	4208
vehicle to the holder, or shall order that the proceeds of any	4209
sale held pursuant to division (C)(2) of this section be paid to	4210
the lienholder or holder of the interest less the costs of	4211
seizure, storage, and maintenance of the vehicle. The court shall	4212
not return a vehicle to a lienholder or a holder of an ownership	4213
interest unless the lienholder or holder submits an affidavit to	4214
the court that states that the lienholder or holder will not	4215
return the vehicle to the person from whom the vehicle was seized	4216
pursuant to the order of criminal forfeiture or to any member of	4217
that person's family and will not otherwise knowingly permit that	4218
person or any member of that person's family to obtain possession	4219
of the vehicle.	4220

(3) No order of criminal forfeiture shall be issued pursuant	4221
to this section if a person with an interest in the vehicle	4222
establishes to the court, by a preponderance of the evidence after	4223
filing a motion with the court, that the person neither knew nor	4224
should have known after a reasonable inquiry that the vehicle had	4225
been used or was involved in the violation resulting in the	4226
issuance of the order of criminal forfeiture or the violation of	4227
the order of immobilization issued under section 4503.233 of the	4228
Revised Code, that the person did not expressly or impliedly	4229
consent to the use or involvement of the vehicle in that	4230
violation, that the interest was perfected in good faith and for	4231
value pursuant to law between the time of the arrest of the	4232
offender and the final disposition of the criminal charge in	4233
question, and that the vehicle was in the possession of the	4234
interest holder at the time of the perfection of the interest. If	4235
the court is satisfied that the interest holder has met these	4236
criteria, the court shall preserve the interest holder's interest,	4237
and the court either shall return the vehicle to the interest	4238
holder or order that the proceeds of any sale held pursuant to	4239
division (C) of this section be paid to the holder of the interest	4240
less the costs of seizure, storage, and maintenance of the	4241
vehicle. The court shall not return a vehicle to an interest	4242
holder unless the holder submits an affidavit to the court stating	4243
that the holder will not return the vehicle to the person from	4244
whom the holder acquired the holder's interest, nor to any member	4245
of that person's family, and the holder will not otherwise	4246
knowingly permit that person or any member of that person's family	4247
to obtain possession of the vehicle.	4248

(C) A vehicle ordered criminally forfeited to the state	4249
pursuant to this section shall be disposed of as follows:	4250

(1) It shall be given to the law enforcement agency that	4251
employs the law enforcement officer who seized the vehicle, if	4252
that agency desires to have it;	4253

(2) If a vehicle is not disposed of pursuant to division	4254
(C)(1) of this section, the vehicle shall be sold, without	4255
appraisal, if the value of the vehicle is two thousand dollars or	4256
more as determined by publications of the national auto dealer's	4257
association, at a public auction to the highest bidder for cash.	4258
Prior to the sale, the prosecuting attorney in the case shall	4259
cause a notice of the proposed sale to be given in accordance with	4260
law. The court shall cause notice of the sale of the vehicle to be	4261
published in a newspaper of general circulation in the county in	4262
which the court is located at least seven days prior to the date	4263
of the sale. The proceeds of a sale under this division or	4264
division (F) of this section shall be applied in the following	4265
order:	4266

(a) First, they shall be applied to the payment of the costs	4267
incurred in connection with the seizure, storage, and maintenance	4268
of, and provision of security for, the vehicle, any proceeding	4269
arising out of the forfeiture, and if any, the sale.	4270

(b) Second, the remaining proceeds after compliance with	4271
division (C)(2)(a) of this section, shall be applied to the	4272
payment of the value of any lien or ownership interest in the	4273
vehicle preserved under division (B) of this section.	4274

(c) Third, the remaining proceeds, after compliance with	4275
divisions (C)(2)(a) and (b) of this section, shall be applied to	4276
the appropriate funds in accordance with divisions (B) and (C) of	4277
section 2981.13 of the Revised Code, provided that the total of	4278
the amount so deposited under this division shall not exceed one	4279
thousand dollars. The remaining proceeds deposited under this	4280
division shall be used only for the purposes authorized by those	4281
divisions and division (D) of that section.	4282

(d) Fourth, the remaining proceeds after compliance with	4283
divisions (C)(2)(a) and (b) of this section and after deposit of a	4284
total amount of one thousand dollars under division (C)(2)(c) of	4285
this section shall be applied so that fifty per cent of those	4286
remaining proceeds is paid into the reparation fund established by	4287
section 2743.191 of the Revised Code, twenty-five per cent is paid	4288
into the drug abuse resistance education programs fund created by	4289
division (F)(2)(e) of section 4511.191 of the Revised Code and	4290
shall be used only for the purposes authorized by division	4291
(F)(2)(e) of that section, and twenty-five per cent is applied to	4292
the appropriate funds in accordance with divisions (B) and (C) of	4293
section 2981.13 of the Revised Code. The proceeds deposited into	4294
any fund described in section 2981.13 of the Revised Code shall be	4295
used only for the purposes authorized by divisions (B)(4)(c), (C),	4296
and (D) of that section.	4297

(D) Except as provided in division (E) of section 4511.203 of	4298
the Revised Code and notwithstanding any other provision of law,	4299
neither the registrar of motor vehicles nor any deputy registrar	4300
shall accept an application for the registration of any motor	4301
vehicle in the name of any person, or register any motor vehicle	4302
in the name of any person, if both of the following apply:	4303

(1) Any vehicle registered in the person's name was	4304
criminally forfeited under this section and section 4503.233,	4305
4503.236, 4510.10, 4510.11, 4510.14, ~~4510.16,~~ 4510.41, 4511.19,	4306
4511.193, or 4511.203 of the Revised Code;	4307

(2) Less than five years have expired since the issuance of	4308
the most recent order of criminal forfeiture issued in relation to	4309
a vehicle registered in the person's name.	4310

(E) If a court orders the criminal forfeiture to the state of	4311
a vehicle pursuant to section 4503.233, 4503.236, 4510.10,	4312
4510.11, 4510.14, ~~4510.16,~~ 4510.161, 4510.41, 4511.19, 4511.193,	4313
or 4511.203 of the Revised Code, the title to the motor vehicle is	4314
assigned or transferred, and division (B)(2) or (3) of this	4315
section applies, in addition to or independent of any other	4316
penalty established by law, the court may fine the offender the	4317
value of the vehicle as determined by publications of the national	4318
auto dealer's association. The proceeds from any fine imposed	4319
under this division shall be distributed in accordance with	4320
division (C)(2) of this section.	4321

(F) As used in this section and divisions (B)(4)(c), (C), and	4322
(D) of section 2981.13 of the Revised Code in relation to proceeds	4323
of the sale of a vehicle under division (C) of this section,	4324
"prosecuting attorney" includes the prosecuting attorney, village	4325
solicitor, city director of law, or similar chief legal officer of	4326
a municipal corporation who prosecutes the case resulting in the	4327
conviction or guilty plea in question.	4328

(G) If the vehicle to be forfeited has an average retail	4329
value of less than two thousand dollars as determined by	4330
publications of the national auto dealer's association, no public	4331
auction is required to be held. In such a case, the court may	4332
direct that the vehicle be disposed of in any manner that it	4333
considers appropriate, including assignment of the certificate of	4334
title to the motor vehicle to a salvage dealer or a scrap metal	4335
processing facility. The court shall not transfer the vehicle to	4336
the person who is the vehicle's immediate previous owner.	4337

If the court assigns the motor vehicle to a salvage dealer or	4338
scrap metal processing facility and the court is in possession of	4339
the certificate of title to the motor vehicle, it shall send the	4340
assigned certificate of title to the motor vehicle to the clerk of	4341
the court of common pleas of the county in which the salvage	4342
dealer or scrap metal processing facility is located. The court	4343
shall mark the face of the certificate of title with the words	4344
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate	4345
of title to the salvage dealer or scrap metal processing facility	4346
for its records.	4347

If the court is not in possession of the certificate of title	4348
to the motor vehicle, the court shall issue an order transferring	4349
ownership of the motor vehicle to a salvage dealer or scrap metal	4350
processing facility, send the order to the clerk of the court of	4351
common pleas of the county in which the salvage dealer or scrap	4352
metal processing facility is located, and send a photocopy of the	4353
order to the salvage dealer or scrap metal processing facility for	4354
its records. The clerk shall make the proper notations or entries	4355
in the clerk's records concerning the disposition of the motor	4356
vehicle.	4357

Sec. 4507.02. (A)(1) No person shall permit the operation of	4358
a motor vehicle upon any public or private property used by the	4359
public for purposes of vehicular travel or parking knowing the	4360
operator does not have a valid driver's license issued to the	4361
operator by the registrar of motor vehicles under this chapter or	4362
a valid commercial driver's license issued under Chapter 4506. of	4363
the Revised Code. Except as otherwise provided in this division,	4364
whoever violates this division is guilty of an unclassified	4365
misdemeanor. When the offense is an unclassified misdemeanor, the	4366
offender shall be sentenced pursuant to sections 2929.21 to	4367
2929.28 of the Revised Code, except that the offender shall not be	4368
sentenced to a jail term; the offender shall not be sentenced to a	4369
community residential sanction pursuant to section 2929.26 of the	4370
Revised Code; notwithstanding division (A)(2)(a) of section	4371
2929.28 of the Revised Code, the offender may be fined up to one	4372
thousand dollars; and, notwithstanding division (A)(3) of section	4373
2929.27 of the Revised Code, the offender may be ordered pursuant	4374
to division (C) of that section to serve a term of community	4375
service of up to five hundred hours. The failure of an offender to	4376
complete a term of community service imposed by the court may be	4377
punished as indirect criminal contempt under division (A) of	4378
section 2705.02 of the Revised Code that may be filed in the	4379
underlying case.	4380

If, within three years of the offense, the offender	4381
previously has been convicted of or pleaded guilty to two or more	4382
violations of this section or a substantially equivalent municipal	4383
ordinance, the offense is a misdemeanor of the first degree.	4384

(2) No person shall receive a driver's license, or a	4385
motorcycle operator's endorsement of a driver's or commercial	4386
driver's license, unless and until the person surrenders to the	4387
registrar all valid licenses issued to the person by another	4388
jurisdiction recognized by this state. The registrar shall report	4389
the surrender of a license to the issuing authority, together with	4390
information that a license is now issued in this state. The	4391
registrar shall destroy any such license that is not returned to	4392
the issuing authority. No person shall be permitted to have more	4393
than one valid license at any time.	4394

(B)(1) If a person is convicted of a violation of section	4395
4510.11, 4510.14, ~~4510.16 when division (G)(2) and (3) of that~~	4396
~~section applies,~~ or 4510.21 of the Revised Code or if division	4397
~~(F)~~(E) of section 4507.164 of the Revised Code applies, the trial	4398
judge of any court, in addition to or independent of any other	4399
penalties provided by law or ordinance, may impound the	4400
identification license plates of any motor vehicle registered in	4401
the name of the person. ~~If a person is convicted of a violation of~~	4402
~~section 4510.16 of the Revised Code and division (G)(1) of that~~	4403
~~section applies, the trial judge of any court, in addition to or~~	4404
~~independent of any other penalties provided by law or ordinance,~~	4405
~~may impound the identification license plates of any motor vehicle~~	4406
~~registered in the name of the person.~~ The court shall send the	4407
impounded license plates to the registrar, who may retain the	4408
license plates until the driver's or commercial driver's license	4409
of the owner has been reinstated or destroy them pursuant to	4410
section 4503.232 of the Revised Code.	4411

If the license plates of a person convicted of a violation of	4412
any provision of those sections have been impounded in accordance	4413
with the provisions of this division, the court shall notify the	4414
registrar of that action. The notice shall contain the name and	4415
address of the driver, the serial number of the driver's or	4416
commercial driver's license, the serial numbers of the license	4417
plates of the motor vehicle, and the length of time for which the	4418
license plates have been impounded. The registrar shall record the	4419
data in the notice as part of the driver's permanent record.	4420

(2) Any motor vehicle owner who has had the license plates of	4421
a motor vehicle impounded pursuant to division (B)(1) of this	4422
section may apply to the registrar, or to a deputy registrar, for	4423
restricted license plates that shall conform to the requirements	4424
of section 4503.231 of the Revised Code. The registrar or deputy	4425
registrar forthwith shall notify the court of the application and,	4426
upon approval of the court, shall issue restricted license plates	4427
to the applicant. Until the driver's or commercial driver's	4428
license of the owner is reinstated, any new license plates issued	4429
to the owner also shall conform to the requirements of section	4430
4503.231 of the Revised Code.	4431

The registrar or deputy registrar shall charge the owner of a	4432
vehicle the fees provided in section 4503.19 of the Revised Code	4433
for restricted license plates that are issued in accordance with	4434
this division, except upon renewal as specified in section 4503.10	4435
of the Revised Code, when the regular fee as provided in section	4436
4503.04 of the Revised Code shall be charged. The registrar or	4437
deputy registrar shall charge the owner of a vehicle the fees	4438
provided in section 4503.19 of the Revised Code whenever	4439
restricted license plates are exchanged, by reason of the	4440
reinstatement of the driver's or commercial driver's license of	4441
the owner, for those ordinarily issued.	4442

(3) If an owner wishes to sell a motor vehicle during the	4443
time the restricted license plates provided under division (B)(2)	4444
of this section are in use, the owner may apply to the court that	4445
impounded the license plates of the motor vehicle for permission	4446
to transfer title to the motor vehicle. If the court is satisfied	4447
that the sale will be made in good faith and not for the purpose	4448
of circumventing the provisions of this section, it may certify	4449
its consent to the owner and to the registrar of motor vehicles	4450
who shall enter notice of the transfer of the title of the motor	4451
vehicle in the vehicle registration record.	4452

If, during the time the restricted license plates provided	4453
under division (B)(2) of this section are in use, the title to a	4454
motor vehicle is transferred by the foreclosure of a chattel	4455
mortgage, a sale upon execution, the cancellation of a conditional	4456
sales contract, or by order of a court, the court shall notify the	4457
registrar of the action and the registrar shall enter notice of	4458
the transfer of the title to the motor vehicle in the vehicle	4459
registration record.	4460

(C) This section is not intended to change or modify any	4461
provision of Chapter 4503. of the Revised Code with respect to the	4462
taxation of motor vehicles or the time within which the taxes on	4463
motor vehicles shall be paid.	4464

Sec. 4507.164. (A) Except as provided in divisions (C) to	4465
(E) of this section, when the license of any person is suspended	4466
pursuant to any provision of the Revised Code other than division	4467
(G) of section 4511.19 of the Revised Code and other than section	4468
4510.07 of the Revised Code for a violation of a municipal OVI	4469
ordinance, the trial judge may impound the identification license	4470
plates of any motor vehicle registered in the name of the person.	4471

(B)(1) When the license of any person is suspended pursuant	4472
to division (G)(1)(a) of section 4511.19 of the Revised Code, or	4473
pursuant to section 4510.07 of the Revised Code for a municipal	4474
OVI offense when the suspension is equivalent in length to the	4475
suspension under division (G) of section 4511.19 of the Revised	4476
Code that is specified in this division, the trial judge of the	4477
court of record or the mayor of the mayor's court that suspended	4478
the license may impound the identification license plates of any	4479
motor vehicle registered in the name of the person.	4480

(2) When the license of any person is suspended pursuant to	4481
division (G)(1)(b) of section 4511.19 of the Revised Code, or	4482
pursuant to section 4510.07 of the Revised Code for a municipal	4483
OVI offense when the suspension is equivalent in length to the	4484
suspension under division (G) of section 4511.19 of the Revised	4485
Code that is specified in this division, the trial judge of the	4486
court of record that suspended the license shall order the	4487
impoundment of the identification license plates of the motor	4488
vehicle the offender was operating at the time of the offense and	4489
the immobilization of that vehicle in accordance with section	4490
4503.233 and division (G)(1)(b) of section 4511.19 or division	4491
(C)(2)(a) of section 4511.193 of the Revised Code and may impound	4492
the identification license plates of any other motor vehicle	4493
registered in the name of the person whose license is suspended.	4494

(3) When the license of any person is suspended pursuant to	4495
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	4496
Code, or pursuant to section 4510.07 of the Revised Code for a	4497
municipal OVI offense when the suspension is equivalent in length	4498
to the suspension under division (G) of section 4511.19 of the	4499
Revised Code that is specified in this division, the trial judge	4500
of the court of record that suspended the license shall order the	4501
criminal forfeiture to the state of the motor vehicle the offender	4502
was operating at the time of the offense in accordance with	4503
section 4503.234 and division (G)(1)(c), (d), or (e) of section	4504
4511.19 or division (C)(2)(b) of section 4511.193 of the Revised	4505
Code and may impound the identification license plates of any	4506
other motor vehicle registered in the name of the person whose	4507
license is suspended.	4508

(C)(1) When a person is convicted of or pleads guilty to a	4509
violation of section 4510.14 of the Revised Code or a	4510
substantially equivalent municipal ordinance and division (B)(1)	4511
or (2) of section 4510.14 or division ~~(C)~~(B)(1) or (2) of section	4512
4510.161 of the Revised Code applies, the trial judge of the court	4513
of record or the mayor of the mayor's court that imposes sentence	4514
shall order the immobilization of the vehicle the person was	4515
operating at the time of the offense and the impoundment of its	4516
identification license plates in accordance with section 4503.233	4517
and division (B)(1) or (2) of section 4510.14 or division	4518
~~(C)~~(B)(1) or (2) of section 4510.161 of the Revised Code and may	4519
impound the identification license plates of any other vehicle	4520
registered in the name of that person.	4521

(2) When a person is convicted of or pleads guilty to a	4522
violation of section 4510.14 of the Revised Code or a	4523
substantially equivalent municipal ordinance and division (B)(3)	4524
of section 4510.14 or division ~~(C)~~(B)(3) of section 4510.161 of	4525
the Revised Code applies, the trial judge of the court of record	4526
that imposes sentence shall order the criminal forfeiture to the	4527
state of the vehicle the person was operating at the time of the	4528
offense in accordance with section 4503.234 and division (B)(3) of	4529
section 4510.14 or division ~~(C)~~(B)(3) of section 4510.161 of the	4530
Revised Code and may impound the identification license plates of	4531
any other vehicle registered in the name of that person.	4532

(D) ~~When a person is convicted of or pleads guilty to a~~	4533
~~violation of division (A) of section 4510.16 of the Revised Code~~	4534
~~or a substantially equivalent municipal ordinance, division (D) or~~	4535
~~(G) of section 4510.16 or division (B) of section 4510.161 of the~~	4536
~~Revised Code applies in determining whether the immobilization of~~	4537
~~the vehicle the person was operating at the time of the offense~~	4538
~~and the impoundment of its identification license plates or the~~	4539
~~criminal forfeiture to the state of the vehicle the person was~~	4540
~~operating at the time of the offense is authorized or required.~~	4541
~~The trial judge of the court of record or the mayor of the mayor's~~	4542
~~court that imposes sentence may impound the identification license~~	4543
~~plates of any other vehicle registered in the name of that person.~~	4544

~~(E)~~(1) When a person is convicted of or pleads guilty to a	4545
violation of section 4511.203 of the Revised Code and the person	4546
is sentenced pursuant to division (C)(3)(a) or (b) of section	4547
4511.203 of the Revised Code, the trial judge of the court of	4548
record or the mayor of the mayor's court that imposes sentence	4549
shall order the immobilization of the vehicle that was involved in	4550
the commission of the offense and the impoundment of its	4551
identification license plates in accordance with division	4552
(C)(3)(a) or (b) of section 4511.203 and section 4503.233 of the	4553
Revised Code and may impound the identification license plates of	4554
any other vehicle registered in the name of that person.	4555

(2) When a person is convicted of or pleads guilty to a	4556
violation of section 4511.203 of the Revised Code and the person	4557
is sentenced pursuant to division (C)(3)(c) of section 4511.203 of	4558
the Revised Code, the trial judge of the court of record or the	4559
mayor of the mayor's court that imposes sentence shall order the	4560
criminal forfeiture to the state of the vehicle that was involved	4561
in the commission of the offense in accordance with division	4562
(C)(3)(c) of section 4511.203 and section 4503.234 of the Revised	4563
Code and may impound the identification license plates of any	4564
other vehicle registered in the name of that person.	4565

~~(F)~~(E) Except as provided in section 4503.233 or 4503.234 of	4566
the Revised Code, when the certificate of registration, the	4567
identification license plates, or both have been impounded,	4568
division (B) of section 4507.02 of the Revised Code is applicable.	4569

~~(G)~~(F) As used in this section, "municipal OVI offense" has	4570
the same meaning as in section 4511.181 of the Revised Code.	4571

Sec. 4509.06. (A) The driver of any motor vehicle which is	4572
in any manner involved in a motor vehicle accident within six	4573
months of the accident may forward a written report of the	4574
accident to the registrar of motor vehicles on a form prescribed	4575
by the registrar alleging that a driver or owner of any other	4576
vehicle involved in the accident was uninsured at the time of the	4577
accident.	4578

(B) Upon receipt of the accident report, the registrar shall	4579
send a notice by regular mail to the driver and owner alleged to	4580
be uninsured requiring the person to give evidence that the person	4581
had proof of financial responsibility in effect at the time of the	4582
accident.	4583

(C) Within thirty days after the mailing of the notice by the	4584
registrar, the driver of the vehicle alleged to be uninsured shall	4585
forward a report together with acceptable proof of financial	4586
responsibility to the registrar in a form prescribed by the	4587
registrar. The forwarding of the report by the owner of the motor	4588
vehicle involved in the accident is deemed compliance with this	4589
section by the driver. This section does not change or modify the	4590
duties of the driver or operator of a motor vehicle as set forth	4591
in section 4549.02 of the Revised Code.	4592

~~(D) In accordance with sections 4509.01 to 4509.78 of the~~	4593
~~Revised Code, the registrar shall suspend the license of any~~	4594
~~person who fails to give acceptable proof of financial~~	4595
~~responsibility as required in this section.~~	4596

Sec. 4509.101. (A)(1) No person shall operate, or permit the	4597
operation of, a motor vehicle in this state, unless proof of	4598
financial responsibility is maintained continuously throughout the	4599
registration period with respect to that vehicle, or, in the case	4600
of a driver who is not the owner, with respect to that driver's	4601
operation of that vehicle.	4602

(2) Whoever violates division (A)(1) of this section shall be	4603
subject to the following civil penalties:	4604

(a) Subject to divisions (A)(2)(b) and (c) of this section, a	4605
class E(F) suspension of the person's driver's license,	4606
commercial driver's license, temporary instruction permit,	4607
probationary license, or nonresident operating privilege for the	4608
period of time specified in division (B)~~(5)~~(6) of section 4510.02	4609
of the Revised Code and impoundment of the person's license. ~~The~~	4610
~~court may grant limited driving privileges to the person only if~~	4611
~~the person presents proof of financial responsibility and has~~	4612
~~complied with division (A)(5) of this section.~~	4613

(b) If, within five years of the violation, the person's	4614
operating privileges are again suspended and the person's license	4615
again is impounded for a violation of division (A)(1) of this	4616
section, a class C suspension of the person's driver's license,	4617
commercial driver's license, temporary instruction permit,	4618
probationary license, or nonresident operating privilege for the	4619
period of time specified in division (B)(3) of section 4510.02 of	4620
the Revised Code. The court may grant limited driving privileges	4621
to the person only if the person presents proof of financial	4622
responsibility and has complied with division (A)(5) of this	4623
section, and no court may grant limited driving privileges for the	4624
first fifteen days of the suspension.	4625

(c) If, within five years of the violation, the person's	4626
operating privileges are suspended and the person's license is	4627
impounded two or more times for a violation of division (A)(1) of	4628
this section, a class B suspension of the person's driver's	4629
license, commercial driver's license, temporary instruction	4630
permit, probationary license, or nonresident operating privilege	4631
for the period of time specified in division (B)(2) of section	4632
4510.02 of the Revised Code. NoThe court may grant limited	4633
driving privileges to the person only if the person presents proof	4634
of financial responsibility and has complied with division (A)(5)	4635
of this section, except that no court may grant limited driving	4636
privileges ~~during~~for the first thirty days of the suspension.	4637

(d) In addition to the suspension of an owner's license under	4638
division (A)(2)(a), (b), or (c) of this section, the suspension of	4639
the rights of the owner to register the motor vehicle and the	4640
impoundment of the owner's certificate of registration and license	4641
plates until the owner complies with division (A)(5) of this	4642
section.	4643

(3) A person to whom this state has issued a certificate of	4644
registration for a motor vehicle or a license to operate a motor	4645
vehicle or who is determined to have operated any motor vehicle or	4646
permitted the operation in this state of a motor vehicle owned by	4647
the person shall be required to verify the existence of proof of	4648
financial responsibility covering the operation of the motor	4649
vehicle or the person's operation of the motor vehicle under any	4650
of the following circumstances:	4651

(a) The person or a motor vehicle owned by the person is	4652
involved in a traffic accident that requires the filing of an	4653
accident report under section 4509.06 of the Revised Code.	4654

(b) The person receives a traffic ticket indicating that	4655
proof of the maintenance of financial responsibility was not	4656
produced upon the request of a peace officer or state highway	4657
patrol trooper made in accordance with division (D)(2) of this	4658
section.	4659

(c) Whenever, in accordance with rules adopted by the	4660
registrar, the person is randomly selected by the registrar and	4661
requested to provide such verification.	4662

(4) An order of the registrar that suspends and impounds a	4663
license or registration, or both, shall state the date on or	4664
before which the person is required to surrender the person's	4665
license or certificate of registration and license plates. The	4666
person is deemed to have surrendered the license or certificate of	4667
registration and license plates, in compliance with the order, if	4668
the person does either of the following:	4669

(a) On or before the date specified in the order, personally	4670
delivers the license or certificate of registration and license	4671
plates, or causes the delivery of the items, to the registrar;	4672

(b) Mails the license or certificate of registration and	4673
license plates to the registrar in an envelope or container	4674
bearing a postmark showing a date no later than the date specified	4675
in the order.	4676

(5) Except as provided in division (A)(6) or (L) of this	4677
section, the registrar shall not restore any operating privileges	4678
or registration rights suspended under this section, return any	4679
license, certificate of registration, or license plates impounded	4680
under this section, or reissue license plates under section	4681
4503.232 of the Revised Code, if the registrar destroyed the	4682
impounded license plates under that section, or reissue a license	4683
under section 4510.52 of the Revised Code, if the registrar	4684
destroyed the suspended license under that section, unless the	4685
rights are not subject to suspension or revocation under any other	4686
law and unless the person, in addition to complying with all other	4687
conditions required by law for reinstatement of the operating	4688
privileges or registration rights, complies with all of the	4689
following:	4690

(a) Pays to the registrar or an eligible deputy registrar a	4691
financial responsibility reinstatement fee of one hundred dollars	4692
for the first violation of division (A)(1) of this section, three	4693
hundred dollars for a second violation of that division, and six	4694
hundred dollars for a third or subsequent violation of that	4695
division;	4696

(b) If the person has not voluntarily surrendered the	4697
license, certificate, or license plates in compliance with the	4698
order, pays to the registrar or an eligible deputy registrar a	4699
financial responsibility nonvoluntary compliance fee in an amount,	4700
not to exceed fifty dollars, determined by the registrar;	4701

(c) Files and continuously maintains proof of financial	4702
responsibility under sections 4509.44 to 4509.65 of the Revised	4703
Code;	4704

(d) Pays a deputy registrar a service fee of ten dollars to	4705
compensate the deputy registrar for services performed under this	4706
section. The deputy registrar shall retain eight dollars of the	4707
service fee and shall transmit the reinstatement fee, any	4708
nonvoluntary compliance fee, and two dollars of the service fee to	4709
the registrar in the manner the registrar shall determine.	4710

(6) If the registrar issues an order under division (A)(2) of	4711
this section resulting from the failure of a person to respond to	4712
a financial responsibility random verification request under	4713
division (A)(3)(c) of this section and the person successfully	4714
maintains an affirmative defense to a violation of section 4510.16	4715
of the Revised Code or is determined by the registrar or a deputy	4716
registrar to have been in compliance with division (A)(1) of this	4717
section at the time of the initial financial responsibility random	4718
verification request, the registrar shall do both of the	4719
following:	4720

(a) Terminate the order of suspension or impoundment;

4721

(b) Restore the operating privileges and registration rights	4722
of the person without payment of the fees established in divisions	4723
(A)(5)(a) and (b) of this section and without a requirement to	4724
file proof of financial responsibility.	4725

(B)(1) Every party required to file an accident report under	4726
section 4509.06 of the Revised Code also shall include with the	4727
report a document described in division (G)(1) of this section.	4728

If the registrar determines, within forty-five days after the	4729
report is filed, that an operator or owner has violated division	4730
(A)(1) of this section, the registrar shall do all of the	4731
following:	4732

(a) Order the impoundment, with respect to the motor vehicle	4733
involved, required under division (A)(2)(d) of this section, of	4734
the certificate of registration and license plates of any owner	4735
who has violated division (A)(1) of this section;	4736

(b) Order the suspension required under division (A)(2)(a),	4737
(b), or (c) of this section of the license of any operator or	4738
owner who has violated division (A)(1) of this section;	4739

(c) Record the name and address of the person whose	4740
certificate of registration and license plates have been impounded	4741
or are under an order of impoundment, or whose license has been	4742
suspended or is under an order of suspension; the serial number of	4743
the person's license; the serial numbers of the person's	4744
certificate of registration and license plates; and the person's	4745
social security account number, if assigned, or, where the motor	4746
vehicle is used for hire or principally in connection with any	4747
established business, the person's federal taxpayer identification	4748
number. The information shall be recorded in such a manner that it	4749
becomes a part of the person's permanent record, and assists the	4750
registrar in monitoring compliance with the orders of suspension	4751
or impoundment.	4752

(d) Send written notification to every person to whom the	4753
order pertains, at the person's last known address as shown on the	4754
records of the bureau. The person, within ten days after the date	4755
of the mailing of the notification, shall surrender to the	4756
registrar, in a manner set forth in division (A)(4) of this	4757
section, any certificate of registration and registration plates	4758
under an order of impoundment, or any license under an order of	4759
suspension.	4760

(2) The registrar shall issue any order under division (B)(1)	4761
of this section without a hearing. Any person adversely affected	4762
by the order, within ten days after the issuance of the order, may	4763
request an administrative hearing before the registrar, who shall	4764
provide the person with an opportunity for a hearing in accordance	4765
with this paragraph. A request for a hearing does not operate as a	4766
suspension of the order. The scope of the hearing shall be limited	4767
to whether the person in fact demonstrated to the registrar proof	4768
of financial responsibility in accordance with this section. The	4769
registrar shall determine the date, time, and place of any	4770
hearing, provided that the hearing shall be held, and an order	4771
issued or findings made, within thirty days after the registrar	4772
receives a request for a hearing. If requested by the person in	4773
writing, the registrar may designate as the place of hearing the	4774
county seat of the county in which the person resides or a place	4775
within fifty miles of the person's residence. The person shall pay	4776
the cost of the hearing before the registrar, if the registrar's	4777
order of suspension or impoundment is upheld.	4778

(C) Any order of suspension or impoundment issued under this	4779
section or division (B) of section 4509.37 of the Revised Code may	4780
be terminated at any time if the registrar determines upon a	4781
showing of proof of financial responsibility that the operator or	4782
owner of the motor vehicle was in compliance with division (A)(1)	4783
of this section at the time of the traffic offense, motor vehicle	4784
inspection, or accident that resulted in the order against the	4785
person. A determination may be made without a hearing. This	4786
division does not apply unless the person shows good cause for the	4787
person's failure to present satisfactory proof of financial	4788
responsibility to the registrar prior to the issuance of the	4789
order.	4790

(D)(1) For the purpose of enforcing this section, every peace	4791
officer is deemed an agent of the registrar.	4792

(a) Except as provided in division (D)(1)(b) of this section,	4793
any peace officer who, in the performance of the peace officer's	4794
duties as authorized by law, becomes aware of a person whose	4795
license is under an order of suspension, or whose certificate of	4796
registration and license plates are under an order of impoundment,	4797
pursuant to this section, may confiscate the license, certificate	4798
of registration, and license plates, and return them to the	4799
registrar.	4800

(b) Any peace officer who, in the performance of the peace	4801
officer's duties as authorized by law, becomes aware of a person	4802
whose license is under an order of suspension, or whose	4803
certificate of registration and license plates are under an order	4804
of impoundment resulting from failure to respond to a financial	4805
responsibility random verification, shall not, for that reason,	4806
arrest the owner or operator or seize the vehicle or license	4807
plates. Instead, the peace officer shall issue a citation for a	4808
violation of section 4510.16 of the Revised Code specifying the	4809
circumstances as failure to respond to a financial responsibility	4810
random verification.	4811

(2) A peace officer shall request the owner or operator of a	4812
motor vehicle to produce proof of financial responsibility in a	4813
manner described in division (G) of this section at the time the	4814
peace officer acts to enforce the traffic laws of this state and	4815
during motor vehicle inspections conducted pursuant to section	4816
4513.02 of the Revised Code.	4817

(3) A peace officer shall indicate on every traffic ticket	4818
whether the person receiving the traffic ticket produced proof of	4819
the maintenance of financial responsibility in response to the	4820
officer's request under division (D)(2) of this section. The peace	4821
officer shall inform every person who receives a traffic ticket	4822
and who has failed to produce proof of the maintenance of	4823
financial responsibility that the person must submit proof to the	4824
traffic violations bureau with any payment of a fine and costs for	4825
the ticketed violation or, if the person is to appear in court for	4826
the violation, the person must submit proof to the court.	4827

(4)(a) If a person who has failed to produce proof of the	4828
maintenance of financial responsibility appears in court for a	4829
ticketed violation, the court may permit the defendant to present	4830
evidence of proof of financial responsibility to the court at such	4831
time and in such manner as the court determines to be necessary or	4832
appropriate. In a manner prescribed by the registrar, the clerk of	4833
courts shall provide the registrar with the identity of any person	4834
who fails to submit proof of the maintenance of financial	4835
responsibility pursuant to division (D)(3) of this section.	4836

(b) If a person who has failed to produce proof of the	4837
maintenance of financial responsibility also fails to submit that	4838
proof to the traffic violations bureau with payment of a fine and	4839
costs for the ticketed violation, the traffic violations bureau,	4840
in a manner prescribed by the registrar, shall notify the	4841
registrar of the identity of that person.	4842

(5)(a) Upon receiving notice from a clerk of courts or	4843
traffic violations bureau pursuant to division (D)(4) of this	4844
section, the registrar shall order the suspension of the license	4845
of the person required under division (A)(2)(a), (b), or (c) of	4846
this section and the impoundment of the person's certificate of	4847
registration and license plates required under division (A)(2)(d)	4848
of this section, effective thirty days after the date of the	4849
mailing of notification. The registrar also shall notify the	4850
person that the person must present the registrar with proof of	4851
financial responsibility in accordance with this section,	4852
surrender to the registrar the person's certificate of	4853
registration, license plates, and license, or submit a statement	4854
subject to section 2921.13 of the Revised Code that the person did	4855
not operate or permit the operation of the motor vehicle at the	4856
time of the offense. Notification shall be in writing and shall be	4857
sent to the person at the person's last known address as shown on	4858
the records of the bureau of motor vehicles. The person, within	4859
fifteen days after the date of the mailing of notification, shall	4860
present proof of financial responsibility, surrender the	4861
certificate of registration, license plates, and license to the	4862
registrar in a manner set forth in division (A)(4) of this	4863
section, or submit the statement required under this section	4864
together with other information the person considers appropriate.	4865

If the registrar does not receive proof or the person does	4866
not surrender the certificate of registration, license plates, and	4867
license, in accordance with this division, the registrar shall	4868
permit the order for the suspension of the license of the person	4869
and the impoundment of the person's certificate of registration	4870
and license plates to take effect.	4871

(b) In the case of a person who presents, within the	4872
fifteen-day period, documents to show proof of financial	4873
responsibility, the registrar shall terminate the order of	4874
suspension and the impoundment of the registration and license	4875
plates required under division (A)(2)(d) of this section and shall	4876
send written notification to the person, at the person's last	4877
known address as shown on the records of the bureau.	4878

(c) Any person adversely affected by the order of the	4879
registrar under division (D)(5)(a) or (b) of this section, within	4880
ten days after the issuance of the order, may request an	4881
administrative hearing before the registrar, who shall provide the	4882
person with an opportunity for a hearing in accordance with this	4883
paragraph. A request for a hearing does not operate as a	4884
suspension of the order. The scope of the hearing shall be limited	4885
to whether, at the time of the hearing, the person presents proof	4886
of financial responsibility covering the vehicle and whether the	4887
person is eligible for an exemption in accordance with this	4888
section or any rule adopted under it. The registrar shall	4889
determine the date, time, and place of any hearing; provided, that	4890
the hearing shall be held, and an order issued or findings made,	4891
within thirty days after the registrar receives a request for a	4892
hearing. If requested by the person in writing, the registrar may	4893
designate as the place of hearing the county seat of the county in	4894
which the person resides or a place within fifty miles of the	4895
person's residence. Such person shall pay the cost of the hearing	4896
before the registrar, if the registrar's order of suspension or	4897
impoundment under division (D)(5)(a) or (b) of this section is	4898
upheld.	4899

(6) A peace officer may charge an owner or operator of a	4900
motor vehicle with a violation of section 4510.16 of the Revised	4901
Code when the owner or operator fails to show proof of the	4902
maintenance of financial responsibility pursuant to a peace	4903
officer's request under division (D)(2) of this section, if a	4904
check of the owner or operator's driving record indicates that the	4905
owner or operator, at the time of the operation of the motor	4906
vehicle, is required to file and maintain proof of financial	4907
responsibility under section 4509.45 of the Revised Code for a	4908
previous violation of this chapter.	4909

(7) Any forms used by law enforcement agencies in	4910
administering this section shall be prescribed, supplied, and paid	4911
for by the registrar.	4912

(8) No peace officer, law enforcement agency employing a	4913
peace officer, or political subdivision or governmental agency	4914
that employs a peace officer shall be liable in a civil action for	4915
damages or loss to persons arising out of the performance of any	4916
duty required or authorized by this section.	4917

(9) As used in this division and divisions (E) and (G) of	4918
this section, "peace officer" has the meaning set forth in section	4919
2935.01 of the Revised Code.	4920

(E) All fees, except court costs, fees paid to a deputy	4921
registrar, and those portions of the financial responsibility	4922
reinstatement fees as otherwise specified in this division,	4923
collected under this section shall be paid into the state treasury	4924
to the credit of the financial responsibility compliance fund. The	4925
financial responsibility compliance fund shall be used exclusively	4926
to cover costs incurred by the bureau in the administration of	4927
this section and sections 4503.20, 4507.212, and 4509.81 of the	4928
Revised Code, and by any law enforcement agency employing any	4929
peace officer who returns any license, certificate of	4930
registration, and license plates to the registrar pursuant to	4931
division (C) of this section, except that the director of budget	4932
and management may transfer excess money from the financial	4933
responsibility compliance fund to the state bureau of motor	4934
vehicles fund if the registrar determines that the amount of money	4935
in the financial responsibility compliance fund exceeds the amount	4936
required to cover such costs incurred by the bureau or a law	4937
enforcement agency and requests the director to make the transfer.	4938

Of each financial responsibility reinstatement fee the	4939
registrar collects pursuant to division (A)(5)(a) of this section	4940
or receives from a deputy registrar under division (A)(5)(d) of	4941
this section, the registrar shall deposit twenty-five dollars of	4942
each one-hundred-dollar reinstatement fee, fifty dollars of each	4943
three-hundred-dollar reinstatement fee, and one hundred dollars of	4944
each six-hundred-dollar reinstatement fee into the state treasury	4945
to the credit of the indigent defense support fund created by	4946
section 120.08 of the Revised Code.	4947

All investment earnings of the financial responsibility	4948
compliance fund shall be credited to the fund.	4949

(F) Chapter 119. of the Revised Code applies to this section	4950
only to the extent that any provision in that chapter is not	4951
clearly inconsistent with this section.	4952

(G)(1) The registrar, court, traffic violations bureau, or	4953
peace officer may require proof of financial responsibility to be	4954
demonstrated by use of a standard form prescribed by the	4955
registrar. If the use of a standard form is not required, a person	4956
may demonstrate proof of financial responsibility under this	4957
section by presenting to the traffic violations bureau, court,	4958
registrar, or peace officer any of the following documents or a	4959
copy of the documents:	4960

(a) A financial responsibility identification card as	4961
provided in section 4509.103 of the Revised Code;	4962

(b) A certificate of proof of financial responsibility on a	4963
form provided and approved by the registrar for the filing of an	4964
accident report required to be filed under section 4509.06 of the	4965
Revised Code;	4966

(c) A policy of liability insurance, a declaration page of a	4967
policy of liability insurance, or liability bond, if the policy or	4968
bond complies with section 4509.20 or sections 4509.49 to 4509.61	4969
of the Revised Code;	4970

(d) A bond or certification of the issuance of a bond as	4971
provided in section 4509.59 of the Revised Code;	4972

(e) A certificate of deposit of money or securities as	4973
provided in section 4509.62 of the Revised Code;	4974

(f) A certificate of self-insurance as provided in section	4975
4509.72 of the Revised Code.	4976

(2) If a person fails to demonstrate proof of financial	4977
responsibility in a manner described in division (G)(1) of this	4978
section, the person may demonstrate proof of financial	4979
responsibility under this section by any other method that the	4980
court or the bureau, by reason of circumstances in a particular	4981
case, may consider appropriate.	4982

(3) A motor carrier certificated by the interstate commerce	4983
commission or by the public utilities commission may demonstrate	4984
proof of financial responsibility by providing a statement	4985
designating the motor carrier's operating authority and averring	4986
that the insurance coverage required by the certificating	4987
authority is in full force and effect.	4988

(4)(a) A finding by the registrar or court that a person is	4989
covered by proof of financial responsibility in the form of an	4990
insurance policy or surety bond is not binding upon the named	4991
insurer or surety or any of its officers, employees, agents, or	4992
representatives and has no legal effect except for the purpose of	4993
administering this section.	4994

(b) The preparation and delivery of a financial	4995
responsibility identification card or any other document	4996
authorized to be used as proof of financial responsibility under	4997
this division does not do any of the following:	4998

(i) Create any liability or estoppel against an insurer or	4999
surety, or any of its officers, employees, agents, or	5000
representatives;	5001

(ii) Constitute an admission of the existence of, or of any	5002
liability or coverage under, any policy or bond;	5003

(iii) Waive any defenses or counterclaims available to an	5004
insurer, surety, agent, employee, or representative in an action	5005
commenced by an insured or third-party claimant upon a cause of	5006
action alleged to have arisen under an insurance policy or surety	5007
bond or by reason of the preparation and delivery of a document	5008
for use as proof of financial responsibility.	5009

(c) Whenever it is determined by a final judgment in a	5010
judicial proceeding that an insurer or surety, which has been	5011
named on a document accepted by a court or the registrar as proof	5012
of financial responsibility covering the operation of a motor	5013
vehicle at the time of an accident or offense, is not liable to	5014
pay a judgment for injuries or damages resulting from such	5015
operation, the registrar, notwithstanding any previous contrary	5016
finding, shall forthwith suspend the operating privileges and	5017
registration rights of the person against whom the judgment was	5018
rendered as provided in division (A)(2) of this section.	5019

(H) In order for any document described in division (G)(1)(b)	5020
of this section to be used for the demonstration of proof of	5021
financial responsibility under this section, the document shall	5022
state the name of the insured or obligor, the name of the insurer	5023
or surety company, and the effective and expiration dates of the	5024
financial responsibility, and designate by explicit description or	5025
by appropriate reference all motor vehicles covered which may	5026
include a reference to fleet insurance coverage.	5027

(I) For purposes of this section, "owner" does not include a	5028
licensed motor vehicle leasing dealer as defined in section	5029
4517.01 of the Revised Code, but does include a motor vehicle	5030
renting dealer as defined in section 4549.65 of the Revised Code.	5031
Nothing in this section or in section 4509.51 of the Revised Code	5032
shall be construed to prohibit a motor vehicle renting dealer from	5033
entering into a contractual agreement with a person whereby the	5034
person renting the motor vehicle agrees to be solely responsible	5035
for maintaining proof of financial responsibility, in accordance	5036
with this section, with respect to the operation, maintenance, or	5037
use of the motor vehicle during the period of the motor vehicle's	5038
rental.	5039

(J) The purpose of this section is to require the maintenance	5040
of proof of financial responsibility with respect to the operation	5041
of motor vehicles on the highways of this state, so as to minimize	5042
those situations in which persons are not compensated for injuries	5043
and damages sustained in motor vehicle accidents. The general	5044
assembly finds that this section contains reasonable civil	5045
penalties and procedures for achieving this purpose.	5046

(K) Nothing in this section shall be construed to be subject	5047
to section 4509.78 of the Revised Code.	5048

(L)(1) The registrar may terminate any suspension imposed	5049
under this section and not require the owner to comply with	5050
divisions (A)(5)(a), (b), and (c) of this section if the registrar	5051
with or without a hearing determines that the owner of the vehicle	5052
has established by clear and convincing evidence that all of the	5053
following apply:	5054

(a) The owner customarily maintains proof of financial	5055
responsibility.	5056

(b) Proof of financial responsibility was not in effect for	5057
the vehicle on the date in question for one of the following	5058
reasons:	5059

(i) The vehicle was inoperable.

5060

(ii) The vehicle is operated only seasonally, and the date in	5061
question was outside the season of operation.	5062

(iii) A person other than the vehicle owner or driver was at	5063
fault for the lapse of proof of financial responsibility through	5064
no fault of the owner or driver.	5065

(iv) The lapse of proof of financial responsibility was	5066
caused by excusable neglect under circumstances that are not	5067
likely to recur and do not suggest a purpose to evade the	5068
requirements of this chapter.	5069

(2) The registrar may grant an owner or driver relief for a	5070
reason specified in division (L)(1)(b)(i) or (ii) of this section	5071
whenever the owner or driver is randomly selected to verify the	5072
existence of proof of financial responsibility for such a vehicle.	5073
However, the registrar may grant an owner or driver relief for a	5074
reason specified in division (L)(1)(b)(iii) or (iv) of this	5075
section only if the owner or driver has not previously been	5076
granted relief under division (L)(1)(b)(iii) or (iv) of this	5077
section.	5078

(M) The registrar shall adopt rules in accordance with	5079
Chapter 119. of the Revised Code that are necessary to administer	5080
and enforce this section. The rules shall include procedures for	5081
the surrender of license plates upon failure to maintain proof of	5082
financial responsibility and provisions relating to reinstatement	5083
of registration rights, acceptable forms of proof of financial	5084
responsibility, and verification of the existence of financial	5085
responsibility during the period of registration.	5086

Sec. 4510.10. (A) As used in this section, "reinstatement	5087
fees" means the fees that are required under section 4507.1612,	5088
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other	5089
provision of the Revised Code, or under a schedule established by	5090
the bureau of motor vehicles, in order to reinstate a driver's or	5091
commercial driver's license or permit or nonresident operating	5092
privilege of an offender under a suspension.	5093

(B) Reinstatement fees are those fees that compensate the	5094
bureau of motor vehicles for suspensions, cancellations, or	5095
disqualifications of a person's driving privileges and to	5096
compensate the bureau and other agencies in their administration	5097
of programs intended to reduce and eliminate threats to public	5098
safety through education, treatment, and other activities. The	5099
registrar of motor vehicles shall not reinstate a driver's or	5100
commercial driver's license or permit or nonresident operating	5101
privilege of a person until the person has paid all reinstatement	5102
fees and has complied with all conditions for each suspension,	5103
cancellation, or disqualification incurred by that person.	5104

(C) When a municipal court or county court determines in a	5105
pending case involving an offender that the offender cannot	5106
reasonably pay reinstatement fees due and owing by the offender	5107
relative to one or more suspensions that have been or will be	5108
imposed by the bureau of motor vehicles or by a court of this	5109
state, the court, by order, may undertake an installment payment	5110
plan or a payment extension plan for the payment of reinstatement	5111
fees due and owing to the bureau in that pending case. The court	5112
shall establish an installment payment plan or a payment extension	5113
plan under this division in accordance with the requirements of	5114
divisions (D)(1) and (2) of this section.	5115

(D) Independent of the provisions of division (C) of this	5116
section, an offender who cannot reasonably pay reinstatement fees	5117
due and owing by the offender relative to a suspension that has	5118
been imposed on the offender may file a petition in the municipal	5119
court, county court, or, if the person is under the age of	5120
eighteen, the juvenile division of the court of common pleas in	5121
whose jurisdiction the person resides or, if the person is not a	5122
resident of this state, in the Franklin county municipal court or	5123
juvenile division of the Franklin county court of common pleas for	5124
an order that does either of the following, in order of	5125
preference:	5126

(1) Establishes a reasonable payment plan of not less than	5127
fifty dollars per month, to be paid by the offender to the	5128
registrar of motor vehicles or an eligible deputy registrar, in	5129
all succeeding months until all reinstatement fees required of the	5130
offender are paid in full. If the person is making payments to a	5131
deputy registrar, the deputy registrar shall collect a service fee	5132
of ten dollars each time the deputy registrar collects a payment	5133
to compensate the deputy registrar for services performed under	5134
this section. The deputy registrar shall retain eight dollars of	5135
the service fee and shall transmit the reinstatement payments,	5136
plus two dollars of each service fee, to the registrar in the	5137
manner the registrar shall determine.	5138

(2) If the offender, but for the payment of the reinstatement	5139
fees, otherwise would be entitled to operate a vehicle in this	5140
state or to obtain reinstatement of the offender's operating	5141
privileges, permits the offender to operate a motor vehicle, as	5142
authorized by the court, until a future date upon which date all	5143
reinstatement fees must be paid in full. A payment extension	5144
granted under this division shall not exceed one hundred eighty	5145
days, and any operating privileges granted under this division	5146
shall be solely for the purpose of permitting the offender	5147
occupational or "family necessity" privileges in order to enable	5148
the offender to reasonably acquire the delinquent reinstatement	5149
fees due and owing.	5150

(E) If a municipal court, county court, or juvenile division	5151
enters an order of the type described in division (C) or division	5152
(D)(1) or (2) of this section, the court, at any time after the	5153
issuance of the order, may determine that a change of	5154
circumstances has occurred and may amend the order as justice	5155
requires, provided that the amended order also shall be an order	5156
that is permitted under division (C) or division (D)(1) or (2) of	5157
this section.	5158

(F) If a court enters an order of the type described in	5159
division (C), (D)(1), (D)(2), or (E) of this section, during the	5160
pendency of the order, the offender in relation to whom it applies	5161
is not subject to prosecution for failing to pay the reinstatement	5162
fees covered by the order.	5163

(G) In addition to divisions (A) to (F) of this section, the	5164
registrar, with the approval of the director of public safety and	5165
in accordance with Chapter 119. of the Revised Code, may adopt	5166
rules that permit a person to pay reinstatement fees in	5167
installments in accordance with this division. The rules may	5168
contain any of the following provisions:	5169

(1) A schedule establishing a minimum monthly payment amount;

5170

(2) If the person otherwise would have valid driving	5171
privileges but for the payment of the reinstatement fees, the	5172
registrar may record the person's driving privileges as "valid" so	5173
long as the person's installments are current.	5174

(3) If the person's installments are not current, the	5175
registrar may record the person's driving privileges as	5176
"suspended" or "failure to reinstate," as appropriate.	5177

(4) Any other provision the registrar reasonably may	5178
prescribe.	5179

(H) Reinstatement fees are debts that may be discharged in	5180
bankruptcy.	5181

Sec. 4510.11. (A) Except as provided in division (B) of this	5182
section and in sections 4510.111 and 4510.16 of the Revised Code,	5183
no person whose driver's or commercial driver's license or permit	5184
or nonresident operating privilege has been suspended under any	5185
provision of the Revised Code, other than Chapter 4509. of the	5186
Revised Code, or under any applicable law in any other	5187
jurisdiction in which the person's license or permit was issued,	5188
shall operate any motor vehicle upon the public roads and highways	5189
or upon any public or private property used by the public for	5190
purposes of vehicular travel or parking within this state during	5191
the period of suspension unless the person is granted limited	5192
driving privileges and is operating the vehicle in accordance with	5193
the terms of the limited driving privileges.	5194

(B) No person shall operate any motor vehicle upon a highway	5195
or any public or private property used by the public for purposes	5196
of vehicular travel or parking in this state in violation of any	5197
restriction of the person's driver's or commercial driver's	5198
license or permit imposed under division (D) of section 4506.10 or	5199
under section 4507.14 of the Revised Code.	5200

(C) Upon the request or motion of the prosecuting authority,	5201
a noncertified copy of the law enforcement automated data system	5202
report or a noncertified copy of a record of the registrar of	5203
motor vehicles that shows the name, date of birth, and social	5204
security number of a person charged with a violation of division	5205
(A) or (B) of this section may be admitted into evidence as	5206
prima-facie evidence that the license of the person was under	5207
suspension at the time of the alleged violation of division (A) of	5208
this section or the person operated a motor vehicle in violation	5209
of a restriction at the time of the alleged violation of division	5210
(B) of this section. The person charged with a violation of	5211
division (A) or (B) of this section may offer evidence to rebut	5212
this prima-facie evidence.	5213

(D)(1) Whoever violates division (A) or (B) of this section	5214
is guilty of a misdemeanor of the first degree. The court may	5215
impose upon the offender a class seven suspension of the	5216
offender's driver's license, commercial driver's license,	5217
temporary instruction permit, probationary license, or nonresident	5218
operating privilege from the range specified in division (A)(7) of	5219
section 4510.02 of the Revised Code.	5220

(2)(a) Except as provided in division (D)(2)(b) or (c) of	5221
this section, the court, in addition to any other penalty that it	5222
imposes on the offender and if the vehicle is registered in the	5223
offender's name and if, within three years of the offense, the	5224
offender previously has been convicted of or pleaded guilty to one	5225
violation of this section or section 4510.111 or 4510.16 of the	5226
Revised Code, or a substantially equivalent municipal ordinance,	5227
the court, in addition to or independent of any other sentence	5228
that it imposes upon the offender, may order the immobilization of	5229
the vehicle involved in the offense for thirty days and the	5230
impoundment of that vehicle's license plates for thirty days in	5231
accordance with section 4503.233 of the Revised Code.	5232

(b) If the vehicle is registered in the offender's name and	5233
if, within three years of the offense, the offender previously has	5234
been convicted of or pleaded guilty to two violations of this	5235
section, or any combination of two violations of this section or	5236
section 4510.111 or 4510.16 of the Revised Code, or of a	5237
substantially similar municipal ordinance, the court, in addition	5238
to any other sentence that it imposes on the offender, may order	5239
the immobilization of the vehicle involved in the offense for	5240
sixty days and the impoundment of that vehicle's license plates	5241
for sixty days in accordance with section 4503.233 of the Revised	5242
Code.	5243

(c) If the vehicle is registered in the offender's name and	5244
if, within three years of the offense, the offender previously has	5245
been convicted of or pleaded guilty to three or more violations of	5246
this section, or any combination of three or more violations of	5247
this section or section 4510.111 or 4510.16 of the Revised Code,	5248
or of a substantially similar municipal ordinance, the court, in	5249
addition to any other sentence that it imposes on the offender,	5250
may order the criminal forfeiture of the vehicle involved in the	5251
offense to the state.	5252

(E) Any order for immobilization and impoundment under this	5253
section shall be issued and enforced under sections 4503.233 and	5254
4507.02 of the Revised Code, as applicable. The court shall not	5255
release a vehicle from immobilization ordered under this section	5256
unless the court is presented with current proof of financial	5257
responsibility with respect to that vehicle.	5258

(F) Any order of criminal forfeiture under this section shall	5259
be issued and enforced under section 4503.234 of the Revised Code.	5260
Upon receipt of the copy of the order from the court, neither the	5261
registrar of motor vehicles nor a deputy registrar shall accept	5262
any application for the registration or transfer of registration	5263
of any motor vehicle owned or leased by the person named in the	5264
declaration of forfeiture. The period of registration denial shall	5265
be five years after the date of the order, unless, during that	5266
period, the court having jurisdiction of the offense that led to	5267
the order terminates the forfeiture and notifies the registrar of	5268
the termination. The registrar then shall take necessary measures	5269
to permit the person to register a vehicle owned or leased by the	5270
person or to transfer registration of the vehicle.	5271

(G) The offender shall provide the court with proof of	5272
financial responsibility as defined in section 4509.01 of the	5273
Revised Code. If the offender fails to provide that proof of	5274
financial responsibility, then, in addition to any other penalties	5275
provided by law, the court may order restitution pursuant to	5276
section 2929.28 of the Revised Code in an amount not exceeding	5277
five thousand dollars for any economic loss arising from an	5278
accident or collision that was the direct and proximate result of	5279
the offender's operation of the vehicle before, during, or after	5280
committing the offense for which the offender is sentenced under	5281
this section.	5282

Sec. 4510.111. (A) No person shall operate any motor vehicle	5283
upon a highway or any public or private property used by the	5284
public for purposes of vehicular travel or parking in this state	5285
whose driver's or commercial driver's license has been suspended	5286
pursuant to section 2151.354, 2151.87, 2935.27, 3123.58, 4301.99,	5287
4510.032, 4510.22, or 4510.33 of the Revised Code ~~for failing to~~	5288
~~appear in court or to pay a fine, resulting in license forfeiture~~.	5289

(B) ~~No person shall operate any motor vehicle upon a highway~~	5290
~~or any public or private property used by the public for purposes~~	5291
~~of vehicular travel or parking in this state whose driver's or~~	5292
~~commercial driver's license has been suspended pursuant to section~~	5293
~~3123.58 of the Revised Code for being in default in payment of~~	5294
~~child support.~~	5295

~~(C)~~ Upon the request or motion of the prosecuting authority,	5296
a noncertified copy of the law enforcement automated data system	5297
report or a noncertified copy of a record of the registrar of	5298
motor vehicles that shows the name, date of birth, and social	5299
security number of a person charged with a violation of division	5300
(A) ~~or (B)~~ of this section may be admitted into evidence as	5301
prima-facie evidence that the license of the person was under	5302
suspension at the time of the alleged violation of division (A) or	5303
~~(B)~~ of this section. The person charged with a violation of	5304
division (A) ~~or (B)~~ of this section may offer evidence to rebut	5305
this prima-facie evidence.	5306

~~(D)~~(C) Whoever violates division (A) ~~or (B)~~ of this section	5307
is guilty of driving under suspension, and shall be punished as	5308
provided in division (D) of this section.	5309

(1) Except as otherwise provided in division (D)(2) of this	5310
section, the offense is an unclassified misdemeanor. The offender	5311
shall be sentenced pursuant to sections 2929.21 to 2929.28 of the	5312
Revised Code, except that the offender shall not be sentenced to a	5313
jail term; the offender shall not be sentenced to a community	5314
residential sanction pursuant to section 2929.26 of the Revised	5315
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the	5316
Revised Code, the offender may be fined up to one thousand	5317
dollars; and, notwithstanding division (A)(3) of section 2929.27	5318
of the Revised Code, the offender may be ordered pursuant to	5319
division (C) of that section to serve a term of community service	5320
of up to five hundred hours. The failure of an offender to	5321
complete a term of community service imposed by the court may be	5322
punished as indirect criminal contempt under division (A) of	5323
section 2705.02 of the Revised Code that may be filed in the	5324
underlying case.	5325

(2) If, within three years of the offense, the offender	5326
previously was convicted of or pleaded guilty to two or more	5327
violations of division (A) ~~or (B)~~ of this section, or any	5328
combination of two or more violations of division (A) ~~or (B~~) of	5329
this section or section 4510.11 or 4510.16 of the Revised Code, or	5330
a substantially equivalent municipal ordinance, the offense is a	5331
misdemeanor of the ~~first~~fourth degree. ~~The offender shall provide~~	5332
~~the court with proof of financial responsibility as defined in~~	5333
~~section 4509.01 of the Revised Code. If the offender fails to~~	5334
~~provide that proof of financial responsibility, then, in addition~~	5335
~~to any penalties provided by law, the court may order restitution~~	5336
~~pursuant to section 2929.28 of the Revised Code in an amount not~~	5337
~~exceeding five thousand dollars for any economic loss arising from~~	5338
~~an accident or collision that was the direct and proximate result~~	5339
~~of the offender's operation of the vehicle before, during, or~~	5340
~~after committing the offense for which the offender is sentenced~~	5341
~~under this section.~~	5342

~~(3) In all cases, the court may impose a class seven~~	5343
~~suspension of the offender's driver's or commercial driver's~~	5344
~~license or permit or nonresident operating privilege from the~~	5345
~~range of time specified in division (A)(7) of section 4507.02 of~~	5346
~~the Revised Code.~~	5347

~~(4)(a) In all cases, if the vehicle is registered in the~~	5348
~~offender's name and if, within three years of the offense, the~~	5349
~~offender previously has been convicted of or pleaded guilty to one~~	5350
~~violation of division (A) or (B) of this section or section~~	5351
~~4510.11 or 4510.16 of the Revised Code, or a substantially~~	5352
~~equivalent municipal ordinance, the court, in addition to any~~	5353
~~other sentence that it imposes upon the offender, may order the~~	5354
~~immobilization of the vehicle involved in the offense for thirty~~	5355
~~days and the impoundment of that vehicle's license plates for~~	5356
~~thirty days in accordance with section 4503.233 of the Revised~~	5357
~~Code.~~	5358

~~(b) In all cases, if the vehicle is registered in the~~	5359
~~offender's name and if, within three years of the offense, the~~	5360
~~offender previously has been convicted of or pleaded guilty to two~~	5361
~~violations of division (A) or (B) of this section, or any~~	5362
~~combination of two violations of division (A) or (B) of this~~	5363
~~section or section 4510.11 or 4510.16 of the Revised Code, or a~~	5364
~~substantially equivalent municipal ordinance, the court, in~~	5365
~~addition to any other sentence that it imposes upon the offender,~~	5366
~~may order the immobilization of the vehicle involved in the~~	5367
~~offense for sixty days and the impoundment of that vehicle's~~	5368
~~license plates for sixty days in accordance with section 4503.233~~	5369
~~of the Revised Code.~~	5370

~~(c) In all cases, if the vehicle is registered in the~~	5371
~~offender's name and if, within three years of the offense, the~~	5372
~~offender previously has been convicted of or pleaded guilty to~~	5373
~~three or more violations of this section, or any combination of~~	5374
~~three or more violations of this section or section 4510.11 or~~	5375
~~4510.16 of the Revised Code, or a substantially equivalent~~	5376
~~municipal ordinance, the court, in addition to any other sentence~~	5377
~~that it imposes upon the offender, may order the criminal~~	5378
~~forfeiture of the vehicle involved in the offense to the state.~~	5379

~~(E) An order for immobilization and impoundment under this~~	5380
~~section shall be issued and enforced under sections 4503.233 and~~	5381
~~4507.02 of the Revised Code, as applicable. The court shall not~~	5382
~~release a motor vehicle from immobilization ordered under this~~	5383
~~section unless the court is presented with current proof of~~	5384
~~financial responsibility with respect to that motor vehicle.~~	5385

~~(F) An order for criminal forfeiture under this section shall~~	5386
~~be issued and enforced under section 4503.234 of the Revised Code.~~	5387
~~Upon receipt of a copy of the order from the court, neither the~~	5388
~~registrar of motor vehicles nor a deputy registrar shall accept~~	5389
~~any application for the registration or transfer of registration~~	5390
~~of any motor vehicle owned or leased by the person named in the~~	5391
~~declaration of forfeiture. The period of registration denial shall~~	5392
~~be five years after the date of the order unless, during that~~	5393
~~period, the court having jurisdiction of the offense that led to~~	5394
~~the order terminates the forfeiture and notifies the registrar of~~	5395
~~the termination. The registrar then shall take the necessary~~	5396
~~measures to permit the person to register a vehicle owned or~~	5397
~~leased by the person or to transfer registration of the vehicle.~~	5398

Sec. 4510.16. (A) No person, whose driver's or commercial	5399
driver's license or temporary instruction permit or nonresident's	5400
operating privilege has been suspended or canceled pursuant to	5401
Chapter 4509. of the Revised Code, shall operate any motor vehicle	5402
within this state, or knowingly permit any motor vehicle owned by	5403
the person to be operated by another person in the state, during	5404
the period of the suspension or cancellation, except as	5405
specifically authorized by Chapter 4509. of the Revised Code. No	5406
person shall operate a motor vehicle within this state, or	5407
knowingly permit any motor vehicle owned by the person to be	5408
operated by another person in the state, during the period in	5409
which the person is required by section 4509.45 of the Revised	5410
Code to file and maintain proof of financial responsibility for a	5411
violation of section 4509.101 of the Revised Code, unless proof of	5412
financial responsibility is maintained with respect to that	5413
vehicle.	5414

(B) No person shall operate any motor vehicle upon a highway	5415
or any public or private property used by the public for purposes	5416
of vehicular travel or parking in this state if the person's	5417
driver's or commercial driver's license or temporary instruction	5418
permit or nonresident operating privilege has been suspended	5419
pursuant to section 4509.37 or 4509.40 of the Revised Code for	5420
nonpayment of a judgment.	5421

(C) Upon the request or motion of the prosecuting authority,	5422
a noncertified copy of the law enforcement automated data system	5423
report or a noncertified copy of a record of the registrar of	5424
motor vehicles that shows the name, date of birth, and social	5425
security number of a person charged with a violation of division	5426
(A) or (B) of this section may be admitted into evidence as	5427
prima-facie evidence that the license of the person was under	5428
either a financial responsibility law suspension at the time of	5429
the alleged violation of division (A) of this section or a	5430
nonpayment of judgment suspension at the time of the alleged	5431
violation of division (B) of this section. The person charged with	5432
a violation of division (A) or (B) of this section may offer	5433
evidence to rebut this prima-facie evidence.	5434

(D) Whoever violates division (A) of this section is guilty	5435
of driving under financial responsibility law suspension or	5436
cancellation and shall be punished as provided in divisions (D) to	5437
(I) of this section. Whoever violates division (B) of this section	5438
is guilty of driving under a nonpayment of judgment suspension and	5439
shall be punished as provided in divisions (D) to (I) of this	5440
section.	5441

(1) Except as otherwise provided in division (D)(2) of this	5442
section, the offense is an unclassified misdemeanor. When the	5443
offense is an unclassified misdemeanor, the offender shall be	5444
sentenced pursuant to sections 2929.21 to 2929.28 of the Revised	5445
Code, except that the offender shall not be sentenced to a jail	5446
term; the offender shall not be sentenced to a community	5447
residential sanction pursuant to section 2929.26 of the Revised	5448
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the	5449
Revised Code, the offender may be fined up to one thousand	5450
dollars; and, notwithstanding division (A)(3) of section 2929.27	5451
of the Revised Code, the offender may be ordered pursuant to	5452
division (C) of that section to serve a term of community service	5453
of up to five hundred hours. The failure of an offender to	5454
complete a term of community service imposed by the court may be	5455
punished as indirect criminal contempt under division (A) of	5456
section 2705.02 of the Revised Code that may be filed in the	5457
underlying case.	5458

(2) If, within three years of the offense, the offender	5459
previously was convicted of or pleaded guilty to two or more	5460
violations of this section, or any combination of two violations	5461
of this section or section 4510.11 or 4510.111 of the Revised	5462
Code, or a substantially equivalent municipal ordinance, the	5463
offense is a misdemeanor of the ~~first~~fourth degree.	5464

~~(E) The offender shall provide the court with proof of~~	5465
~~financial responsibility as defined in section 4509.01 of the~~	5466
~~Revised Code. If the offender fails to provide that proof of~~	5467
~~financial responsibility, then, in addition to any other penalties~~	5468
~~provided by law, the court may order restitution pursuant to~~	5469
~~section 2929.28 of the Revised Code in an amount not exceeding~~	5470
~~five thousand dollars for any economic loss arising from an~~	5471
~~accident or collision that was the direct and proximate result of~~	5472
~~the offender's operation of the vehicle before, during, or after~~	5473
~~committing the offense for which the offender is sentenced under~~	5474
~~this section.~~	5475

~~(F) The court may impose a class seven suspension of the~~	5476
~~offender's driver's or commercial driver's license or permit or~~	5477
~~nonresident operating privilege from the range of time specified~~	5478
~~in division (A)(7) of section 4510.02 of the Revised Code.~~	5479

~~(G)(1) If the vehicle is registered in the offender's name~~	5480
~~and if, within three years of the offense, the offender previously~~	5481
~~has been convicted of or pleaded guilty to one violation of~~	5482
~~division (A) or (B) of this section or section 4510.11 or 4510.111~~	5483
~~of the Revised Code or a substantially equivalent municipal~~	5484
~~ordinance, the court, in addition to or independent of any other~~	5485
~~sentence that it imposes upon the offender, may order the~~	5486
~~immobilization for thirty days of the vehicle involved in the~~	5487
~~offense and the impoundment for thirty days of the license plates~~	5488
~~of that vehicle in accordance with section 4503.233 of the Revised~~	5489
~~Code.~~	5490

~~(2) If the vehicle is registered in the offender's name and~~	5491
~~if, within three years of the offense, the offender has been~~	5492
~~convicted of or pleaded guilty to two violations of division (A)~~	5493
~~or (B) of this section or section 4510.11 or 4510.111 of the~~	5494
~~Revised Code, or any combination of two violations of this section~~	5495
~~or section 4510.11 or 4510.111 of the Revised Code, or a~~	5496
~~substantially similar municipal ordinance, the court, in addition~~	5497
~~to or independent of any other sentence that it imposes on the~~	5498
~~offender, may order the immobilization for sixty days of the~~	5499
~~vehicle involved in the offense and the impoundment for sixty days~~	5500
~~of the license plates of that vehicle in accordance with section~~	5501
~~4503.233 of the Revised Code.~~	5502

~~(3) If the vehicle is registered in the offender's name and~~	5503
~~if, within three years of the offense, the offender has been~~	5504
~~convicted of or pleaded guilty to three or more violations of this~~	5505
~~section or section 4510.11 or 4510.111 of the Revised Code, or any~~	5506
~~combination of three or more violations of this section or section~~	5507
~~4510.11 or 4510.111 of the Revised Code, or a substantially~~	5508
~~similar municipal ordinance, the court, in addition to or~~	5509
~~independent of any other sentence that it imposes upon the~~	5510
~~offender, may order the criminal forfeiture to the state of the~~	5511
~~vehicle involved in the offense. If title to a motor vehicle that~~	5512
~~is subject to an order for criminal forfeiture under this division~~	5513
~~is assigned or transferred and division (B)(2) or (3) of section~~	5514
~~4503.234 of the Revised Code applies, in addition to or~~	5515
~~independent of any other penalty established by law, the court may~~	5516
~~fine the offender the value of the vehicle as determined by~~	5517
~~publications of the national automobile dealers association. The~~	5518
~~proceeds from any fine so imposed shall be distributed in~~	5519
~~accordance with division (C)(2) of that section.~~	5520

~~(H) Any order for immobilization and impoundment under this~~	5521
~~section shall be issued and enforced in accordance with sections~~	5522
~~4503.233 and 4507.02 of the Revised Code, as applicable. The court~~	5523
~~shall not release a vehicle from immobilization ordered under this~~	5524
~~section unless the court is presented with current proof of~~	5525
~~financial responsibility with respect to that vehicle.~~	5526

~~(I) An order for criminal forfeiture under this section shall~~	5527
~~be issued and enforced under section 4503.234 of the Revised Code.~~	5528
~~Upon receipt of a copy of the order from the court, neither the~~	5529
~~registrar of motor vehicles nor a deputy registrar shall accept~~	5530
~~any application for the registration or transfer of registration~~	5531
~~of any motor vehicle owned or leased by the person named in the~~	5532
~~declaration of forfeiture. The period of registration denial shall~~	5533
~~be five years after the date of the order unless, during that~~	5534
~~period, the court having jurisdiction of the offense that led to~~	5535
~~the order terminates the forfeiture and notifies the registrar of~~	5536
~~the termination. The registrar then shall take the necessary~~	5537
~~measures to permit the person to register a vehicle owned or~~	5538
~~leased by the person or to transfer registration of the vehicle.~~	5539

Sec. 4510.161. (A) The requirements and sanctions imposed by	5540
divisions (B) and (C) of this section are an adjunct to and derive	5541
from the state's exclusive authority over the registration and	5542
titling of motor vehicles and do not comprise a part of the	5543
criminal sentence to be imposed upon a person who violates a	5544
municipal ordinance that is substantially equivalent to section	5545
4510.14 ~~or to division (A) of section 4510.16~~ of the Revised Code.	5546

(B) ~~If a person is convicted of or pleads guilty to a~~	5547
~~violation of a municipal ordinance that is substantially~~	5548
~~equivalent to division (A) of section 4510.16 of the Revised Code~~	5549
~~or former division (B)(1) of section 4507.02 of the Revised Code~~	5550
~~or a municipal ordinance that is substantially equivalent to~~	5551
~~either of those divisions, the court, in addition to or~~	5552
~~independent of any sentence that it imposes upon the offender for~~	5553
~~the offense, may do whichever of the following is applicable:~~	5554

~~(1) If the vehicle is registered in the offender's name and~~	5555
~~if, within three years of the current offense, the offender~~	5556
~~previously has been convicted of or pleaded guilty to one~~	5557
~~violation of this section or section 4510.11, 4510.111, or 4510.16~~	5558
~~of the Revised Code or a substantially equivalent municipal~~	5559
~~ordinance, the court, in addition to or independent of any other~~	5560
~~sentence that it imposes upon the offender, may order the~~	5561
~~immobilization of the vehicle involved in the offense for thirty~~	5562
~~days and the impoundment of that vehicle's license plates for~~	5563
~~thirty days in accordance with section 4503.233 of the Revised~~	5564
~~Code.~~	5565

~~(2) If the vehicle is registered in the offender's name and~~	5566
~~if, within three years of the current offense, the offender~~	5567
~~previously has been convicted of or pleaded guilty to two~~	5568
~~violations of this section or any combination of two violations of~~	5569
~~this section or section 4510.11, 4510.111, or 4510.16 of the~~	5570
~~Revised Code, or a substantially equivalent municipal ordinance,~~	5571
~~the court, in addition to or independent of any other sentence~~	5572
~~that it imposes upon the offender, may order the immobilization~~	5573
~~for sixty days of the vehicle involved in the offense and the~~	5574
~~impoundment of that vehicle's license plates for sixty days in~~	5575
~~accordance with section 4503.233 of the Revised Code.~~	5576

~~(3) If the vehicle is registered in the offender's name and~~	5577
~~if, within three years of the current offense, the offender~~	5578
~~previously has been convicted of or pleaded guilty to three or~~	5579
~~more violations of this section or any combination of three or~~	5580
~~more violations of this section or section 4510.11, 4510.111, or~~	5581
~~4510.16 of the Revised Code, or a substantially equivalent~~	5582
~~municipal ordinance, the court may order the criminal forfeiture~~	5583
~~to the state of the vehicle the offender was operating at the time~~	5584
~~of the offense. If title to a motor vehicle that is subject to an~~	5585
~~order for criminal forfeiture under this division is assigned or~~	5586
~~transferred and division (B)(2) or (3) of section 4503.234 of the~~	5587
~~Revised Code applies, in addition to or independent of any other~~	5588
~~penalty established by law, the court may fine the offender the~~	5589
~~value of the motor vehicle as determined by publications of the~~	5590
~~national automobile dealers association. The proceeds from any~~	5591
~~fine so imposed shall be distributed in accordance with division~~	5592
~~(C)(2) of that section.~~	5593

~~(C)~~ If a person is convicted of or pleads guilty to a	5594
violation of a municipal ordinance that is substantially	5595
equivalent to section 4510.14 of the Revised Code, the court, in	5596
addition to and independent of any sentence that it imposes upon	5597
the offender for the offense, if the vehicle the offender was	5598
operating at the time of the offense is registered in the	5599
offender's name, shall do whichever of the following is	5600
applicable:	5601

(1) If, within six years of the current offense, the offender	5602
has not been convicted of or pleaded guilty to a violation of	5603
section 4510.14 or former division (D)(2) of section 4507.02 of	5604
the Revised Code or a municipal ordinance that is substantially	5605
equivalent to that section or former division, the court shall	5606
order the immobilization for thirty days of the vehicle involved	5607
in the offense and the impoundment for thirty days of the license	5608
plates of that vehicle in accordance with section 4503.233 of the	5609
Revised Code.	5610

(2) If, within six years of the current offense, the offender	5611
has been convicted of or pleaded guilty to one violation of	5612
section 4510.14 or former division (D)(2) of section 4507.02 of	5613
the Revised Code or a municipal ordinance that is substantially	5614
equivalent to that section or former division, the court shall	5615
order the immobilization for sixty days of the vehicle involved in	5616
the offense and the impoundment for sixty days of the license	5617
plates of that vehicle in accordance with section 4503.233 of the	5618
Revised Code.	5619

(3) If, within six years of the current offense, the offender	5620
has been convicted of or pleaded guilty to two or more violations	5621
of section 4510.14 or former division (D)(2) of section 4507.02 of	5622
the Revised Code or a municipal ordinance that is substantially	5623
equivalent to that section or former division, the court shall	5624
order the criminal forfeiture to the state of the vehicle the	5625
offender was operating at the time of the offense.	5626

~~(D)~~(C) An order for immobilization and impoundment of a	5627
vehicle under this section shall be issued and enforced in	5628
accordance with sections 4503.233 and 4507.02 of the Revised Code,	5629
as applicable. The court shall not release a vehicle from	5630
immobilization ordered under this section unless the court is	5631
presented with current proof of financial responsibility with	5632
respect to that vehicle.	5633

~~(E)~~(D) An order for criminal forfeiture of a vehicle under	5634
this section shall be issued and enforced under section 4503.234	5635
of the Revised Code. Upon receipt of a copy of the order from the	5636
court, neither the registrar of motor vehicles nor a deputy	5637
registrar shall accept any application for the registration or	5638
transfer of registration of any motor vehicle owned or leased by	5639
the person named in the declaration of forfeiture. The period of	5640
registration denial shall be five years after the date of the	5641
order unless, during that period, the court having jurisdiction of	5642
the offense that led to the order terminates the forfeiture and	5643
notifies the registrar of the termination. The registrar then	5644
shall take the necessary measures to permit the person to register	5645
a vehicle owned or leased by the person or to transfer	5646
registration of the vehicle.	5647

Sec. 4510.17. (A) The registrar of motor vehicles shall	5648
impose a class D suspension of the person's driver's license,	5649
commercial driver's license, temporary instruction permit,	5650
probationary license, or nonresident operating privilege for the	5651
period of time specified in division (B)(4) of section 4510.02 of	5652
the Revised Code on any person who is a resident of this state and	5653
is convicted of or pleads guilty to a violation of a statute of	5654
any other state or any federal statute that is substantially	5655
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,	5656
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.141, 2925.22,	5657
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised	5658
Code. Upon receipt of a report from a court, court clerk, or other	5659
official of any other state or from any federal authority that a	5660
resident of this state was convicted of or pleaded guilty to an	5661
offense described in this division, the registrar shall send a	5662
notice by regular first class mail to the person, at the person's	5663
last known address as shown in the records of the bureau of motor	5664
vehicles, informing the person of the suspension, that the	5665
suspension will take effect twenty-one days from the date of the	5666
notice, and that, if the person wishes to appeal the suspension or	5667
denial, the person must file a notice of appeal within twenty-one	5668
days of the date of the notice requesting a hearing on the matter.	5669
If the person requests a hearing, the registrar shall hold the	5670
hearing not more than forty days after receipt by the registrar of	5671
the notice of appeal. The filing of a notice of appeal does not	5672
stay the operation of the suspension that must be imposed pursuant	5673
to this division. The scope of the hearing shall be limited to	5674
whether the person actually was convicted of or pleaded guilty to	5675
the offense for which the suspension is to be imposed.	5676

The suspension the registrar is required to impose under this	5677
division shall end either on the last day of the class D	5678
suspension period or of the suspension of the person's nonresident	5679
operating privilege imposed by the state or federal court,	5680
whichever is earlier.	5681

The registrar shall subscribe to or otherwise participate in	5682
any information system or register, or enter into reciprocal and	5683
mutual agreements with other states and federal authorities, in	5684
order to facilitate the exchange of information with other states	5685
and the United States government regarding persons who plead	5686
guilty to or are convicted of offenses described in this division	5687
and therefore are subject to the suspension or denial described in	5688
this division.	5689

(B) The registrar shall impose a class D suspension of the	5690
person's driver's license, commercial driver's license, temporary	5691
instruction permit, probationary license, or nonresident operating	5692
privilege for the period of time specified in division (B)(4) of	5693
section 4510.02 of the Revised Code on any person who is a	5694
resident of this state and is convicted of or pleads guilty to a	5695
violation of a statute of any other state or a municipal ordinance	5696
of a municipal corporation located in any other state that is	5697
substantially similar to section 4511.19 of the Revised Code. Upon	5698
receipt of a report from another state made pursuant to section	5699
4510.61 of the Revised Code indicating that a resident of this	5700
state was convicted of or pleaded guilty to an offense described	5701
in this division, the registrar shall send a notice by regular	5702
first class mail to the person, at the person's last known address	5703
as shown in the records of the bureau of motor vehicles, informing	5704
the person of the suspension, that the suspension or denial will	5705
take effect twenty-one days from the date of the notice, and that,	5706
if the person wishes to appeal the suspension, the person must	5707
file a notice of appeal within twenty-one days of the date of the	5708
notice requesting a hearing on the matter. If the person requests	5709
a hearing, the registrar shall hold the hearing not more than	5710
forty days after receipt by the registrar of the notice of appeal.	5711
The filing of a notice of appeal does not stay the operation of	5712
the suspension that must be imposed pursuant to this division. The	5713
scope of the hearing shall be limited to whether the person	5714
actually was convicted of or pleaded guilty to the offense for	5715
which the suspension is to be imposed.	5716

The suspension the registrar is required to impose under this	5717
division shall end either on the last day of the class D	5718
suspension period or of the suspension of the person's nonresident	5719
operating privilege imposed by the state or federal court,	5720
whichever is earlier.	5721

(C) The registrar shall impose a class D suspension of the	5722
child's driver's license, commercial driver's license, temporary	5723
instruction permit, or nonresident operating privilege for the	5724
period of time specified in division (B)(4) of section 4510.02 of	5725
the Revised Code on any child who is a resident of this state and	5726
is convicted of or pleads guilty to a violation of a statute of	5727
any other state or any federal statute that is substantially	5728
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,	5729
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.141, 2925.22,	5730
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised	5731
Code. Upon receipt of a report from a court, court clerk, or other	5732
official of any other state or from any federal authority that a	5733
child who is a resident of this state was convicted of or pleaded	5734
guilty to an offense described in this division, the registrar	5735
shall send a notice by regular first class mail to the child, at	5736
the child's last known address as shown in the records of the	5737
bureau of motor vehicles, informing the child of the suspension,	5738
that the suspension or denial will take effect twenty-one days	5739
from the date of the notice, and that, if the child wishes to	5740
appeal the suspension, the child must file a notice of appeal	5741
within twenty-one days of the date of the notice requesting a	5742
hearing on the matter. If the child requests a hearing, the	5743
registrar shall hold the hearing not more than forty days after	5744
receipt by the registrar of the notice of appeal. The filing of a	5745
notice of appeal does not stay the operation of the suspension	5746
that must be imposed pursuant to this division. The scope of the	5747
hearing shall be limited to whether the child actually was	5748
convicted of or pleaded guilty to the offense for which the	5749
suspension is to be imposed.	5750

The suspension the registrar is required to impose under this	5751
division shall end either on the last day of the class D	5752
suspension period or of the suspension of the child's nonresident	5753
operating privilege imposed by the state or federal court,	5754
whichever is earlier. If the child is a resident of this state who	5755
is sixteen years of age or older and does not have a current,	5756
valid Ohio driver's or commercial driver's license or permit, the	5757
notice shall inform the child that the child will be denied	5758
issuance of a driver's or commercial driver's license or permit	5759
for six months beginning on the date of the notice. If the child	5760
has not attained the age of sixteen years on the date of the	5761
notice, the notice shall inform the child that the period of	5762
denial of six months shall commence on the date the child attains	5763
the age of sixteen years.	5764

The registrar shall subscribe to or otherwise participate in	5765
any information system or register, or enter into reciprocal and	5766
mutual agreements with other states and federal authorities, in	5767
order to facilitate the exchange of information with other states	5768
and the United States government regarding children who are	5769
residents of this state and plead guilty to or are convicted of	5770
offenses described in this division and therefore are subject to	5771
the suspension or denial described in this division.	5772

(D) The registrar shall impose a class D suspension of the	5773
child's driver's license, commercial driver's license, temporary	5774
instruction permit, probationary license, or nonresident operating	5775
privilege for the period of time specified in division (B)(4) of	5776
section 4510.02 of the Revised Code on any child who is a resident	5777
of this state and is convicted of or pleads guilty to a violation	5778
of a statute of any other state or a municipal ordinance of a	5779
municipal corporation located in any other state that is	5780
substantially similar to section 4511.19 of the Revised Code. Upon	5781
receipt of a report from another state made pursuant to section	5782
4510.61 of the Revised Code indicating that a child who is a	5783
resident of this state was convicted of or pleaded guilty to an	5784
offense described in this division, the registrar shall send a	5785
notice by regular first class mail to the child, at the child's	5786
last known address as shown in the records of the bureau of motor	5787
vehicles, informing the child of the suspension, that the	5788
suspension will take effect twenty-one days from the date of the	5789
notice, and that, if the child wishes to appeal the suspension,	5790
the child must file a notice of appeal within twenty-one days of	5791
the date of the notice requesting a hearing on the matter. If the	5792
child requests a hearing, the registrar shall hold the hearing not	5793
more than forty days after receipt by the registrar of the notice	5794
of appeal. The filing of a notice of appeal does not stay the	5795
operation of the suspension that must be imposed pursuant to this	5796
division. The scope of the hearing shall be limited to whether the	5797
child actually was convicted of or pleaded guilty to the offense	5798
for which the suspension is to be imposed.	5799

The suspension the registrar is required to impose under this	5800
division shall end either on the last day of the class D	5801
suspension period or of the suspension of the child's nonresident	5802
operating privilege imposed by the state or federal court,	5803
whichever is earlier. If the child is a resident of this state who	5804
is sixteen years of age or older and does not have a current,	5805
valid Ohio driver's or commercial driver's license or permit, the	5806
notice shall inform the child that the child will be denied	5807
issuance of a driver's or commercial driver's license or permit	5808
for six months beginning on the date of the notice. If the child	5809
has not attained the age of sixteen years on the date of the	5810
notice, the notice shall inform the child that the period of	5811
denial of six months shall commence on the date the child attains	5812
the age of sixteen years.	5813

(E) Any person whose license or permit has been suspended	5814
pursuant to this section may file a petition in the municipal or	5815
county court, or in case the person is under eighteen years of	5816
age, the juvenile court, in whose jurisdiction the person resides,	5817
agreeing to pay the cost of the proceedings and alleging that the	5818
suspension would seriously affect the person's ability to continue	5819
the person's employment. Upon satisfactory proof that there is	5820
reasonable cause to believe that the suspension would seriously	5821
affect the person's ability to continue the person's employment,	5822
the judge may grant the person limited driving privileges during	5823
the period during which the suspension otherwise would be imposed,	5824
except that the judge shall not grant limited driving privileges	5825
for employment as a driver of a commercial motor vehicle to any	5826
person who would be disqualified from operating a commercial motor	5827
vehicle under section 4506.16 of the Revised Code if the violation	5828
had occurred in this state, or during any of the following periods	5829
of time:	5830

(1) The first fifteen days of a suspension under division (B)	5831
or (D) of this section, if the person has not been convicted	5832
within six years of the date of the offense giving rise to the	5833
suspension under this section of a violation of any of the	5834
following:	5835

(a) Section 4511.19 of the Revised Code, or a municipal	5836
ordinance relating to operating a vehicle while under the	5837
influence of alcohol, a drug of abuse, or alcohol and a drug of	5838
abuse;	5839

(b) A municipal ordinance relating to operating a motor	5840
vehicle with a prohibited concentration of alcohol, a controlled	5841
substance, or a metabolite of a controlled substance in the whole	5842
blood, blood serum or plasma, breath, or urine;	5843

(c) Section 2903.04 of the Revised Code in a case in which	5844
the person was subject to the sanctions described in division (D)	5845
of that section;	5846

(d) Division (A)(1) of section 2903.06 or division (A)(1) of	5847
section 2903.08 of the Revised Code or a municipal ordinance that	5848
is substantially similar to either of those divisions;	5849

(e) Division (A)(2), (3), or (4) of section 2903.06, division	5850
(A)(2) of section 2903.08, or as it existed prior to March 23,	5851
2000, section 2903.07 of the Revised Code, or a municipal	5852
ordinance that is substantially similar to any of those divisions	5853
or that former section, in a case in which the jury or judge found	5854
that the person was under the influence of alcohol, a drug of	5855
abuse, or alcohol and a drug of abuse.	5856

(2) The first thirty days of a suspension under division (B)	5857
or (D) of this section, if the person has been convicted one time	5858
within six years of the date of the offense giving rise to the	5859
suspension under this section of any violation identified in	5860
division (E)(1) of this section.	5861

(3) The first one hundred eighty days of a suspension under	5862
division (B) or (D) of this section, if the person has been	5863
convicted two times within six years of the date of the offense	5864
giving rise to the suspension under this section of any violation	5865
identified in division (E)(1) of this section.	5866

(4) No limited driving privileges may be granted if the	5867
person has been convicted three or more times within five years of	5868
the date of the offense giving rise to a suspension under division	5869
(B) or (D) of this section of any violation identified in division	5870
(E)(1) of this section.	5871

If a person petitions for limited driving privileges under	5872
division (E) of this section, the registrar shall be represented	5873
by the county prosecutor of the county in which the person resides	5874
if the petition is filed in a juvenile court or county court,	5875
except that if the person resides within a city or village that is	5876
located within the jurisdiction of the county in which the	5877
petition is filed, the city director of law or village solicitor	5878
of that city or village shall represent the registrar. If the	5879
petition is filed in a municipal court, the registrar shall be	5880
represented as provided in section 1901.34 of the Revised Code.	5881

In granting limited driving privileges under division (E) of	5882
this section, the court may impose any condition it considers	5883
reasonable and necessary to limit the use of a vehicle by the	5884
person. The court shall deliver to the person a permit card, in a	5885
form to be prescribed by the court, setting forth the time, place,	5886
and other conditions limiting the person's use of a motor vehicle.	5887
The grant of limited driving privileges shall be conditioned upon	5888
the person's having the permit in the person's possession at all	5889
times during which the person is operating a vehicle.	5890

A person granted limited driving privileges who operates a	5891
vehicle for other than limited purposes, in violation of any	5892
condition imposed by the court or without having the permit in the	5893
person's possession, is guilty of a violation of section 4510.11	5894
of the Revised Code.	5895

(F) As used in divisions (C) and (D) of this section:

5896

(1) "Child" means a person who is under the age of eighteen	5897
years, except that any person who violates a statute or ordinance	5898
described in division (C) or (D) of this section prior to	5899
attaining eighteen years of age shall be deemed a "child"	5900
irrespective of the person's age at the time the complaint or	5901
other equivalent document is filed in the other state or a	5902
hearing, trial, or other proceeding is held in the other state on	5903
the complaint or other equivalent document, and irrespective of	5904
the person's age when the period of license suspension or denial	5905
prescribed in division (C) or (D) of this section is imposed.	5906

(2) "Is convicted of or pleads guilty to" means, as it	5907
relates to a child who is a resident of this state, that in a	5908
proceeding conducted in a state or federal court located in	5909
another state for a violation of a statute or ordinance described	5910
in division (C) or (D) of this section, the result of the	5911
proceeding is any of the following:	5912

(a) Under the laws that govern the proceedings of the court,	5913
the child is adjudicated to be or admits to being a delinquent	5914
child or a juvenile traffic offender for a violation described in	5915
division (C) or (D) of this section that would be a crime if	5916
committed by an adult;	5917

(b) Under the laws that govern the proceedings of the court,	5918
the child is convicted of or pleads guilty to a violation	5919
described in division (C) or (D) of this section;	5920

(c) Under the laws that govern the proceedings of the court,	5921
irrespective of the terminology utilized in those laws, the result	5922
of the court's proceedings is the functional equivalent of	5923
division (F)(2)(a) or (b) of this section.	5924

Sec. 4510.41. (A) As used in this section:

5925

(1) "Arrested person" means a person who is arrested for a	5926
violation of section 4510.14~~, 4510.16,~~ or 4511.203 of the Revised	5927
Code, or a municipal ordinance that is substantially equivalent to	5928
~~any~~either of those sections, and whose arrest results in a	5929
vehicle being seized under division (B) of this section.	5930

(2) "Vehicle owner" means either of the following:

5931

(a) The person in whose name is registered, at the time of	5932
the seizure, a vehicle that is seized under division (B) of this	5933
section;	5934

(b) A person to whom the certificate of title to a vehicle	5935
that is seized under division (B) of this section has been	5936
assigned and who has not obtained a certificate of title to the	5937
vehicle in that person's name, but who is deemed by the court as	5938
being the owner of the vehicle at the time the vehicle was seized	5939
under division (B) of this section.	5940

(3) "Interested party" includes the owner of a vehicle seized	5941
under this section, all lienholders, the arrested person, the	5942
owner of the place of storage at which a vehicle seized under this	5943
section is stored, and the person or entity that caused the	5944
vehicle to be removed.	5945

(B)(1) If a person is arrested for a violation of section	5946
4510.14 or 4511.203 of the Revised Code or a municipal ordinance	5947
that is substantially equivalent to either of those sections ~~or if~~	5948
~~a person is arrested for a violation of section 4510.16 of the~~	5949
~~Revised Code or a municipal ordinance that is substantially~~	5950
~~equivalent to that section and if division (G)(2) of section~~	5951
~~4510.16 or division (B) of section 4510.161 of the Revised Code~~	5952
~~applies~~, the arresting officer or another officer of the law	5953
enforcement agency that employs the arresting officer, in addition	5954
to any action that the arresting officer is required or authorized	5955
to take by any other provision of law, shall seize the vehicle	5956
that the person was operating at the time of, or that was involved	5957
in, the alleged offense if the vehicle is registered in the	5958
arrested person's name and its license plates. A law enforcement	5959
agency that employs a law enforcement officer who makes an arrest	5960
of a type that is described in this division and that involves a	5961
rented or leased vehicle that is being rented or leased for a	5962
period of thirty days or less shall notify, within twenty-four	5963
hours after the officer makes the arrest, the lessor or owner of	5964
the vehicle regarding the circumstances of the arrest and the	5965
location at which the vehicle may be picked up. At the time of the	5966
seizure of the vehicle, the law enforcement officer who made the	5967
arrest shall give the arrested person written notice that the	5968
vehicle and its license plates have been seized; that the vehicle	5969
either will be kept by the officer's law enforcement agency or	5970
will be immobilized at least until the person's initial appearance	5971
on the charge of the offense for which the arrest was made; that,	5972
at the initial appearance, the court in certain circumstances may	5973
order that the vehicle and license plates be released to the	5974
arrested person until the disposition of that charge; that, if the	5975
arrested person is convicted of that charge, the court generally	5976
must order the immobilization of the vehicle and the impoundment	5977
of its license plates or the forfeiture of the vehicle; and that	5978
the arrested person may be charged expenses or charges incurred	5979
under this section and section 4503.233 of the Revised Code for	5980
the removal and storage of the vehicle.	5981

(2) The arresting officer or a law enforcement officer of the	5982
agency that employs the arresting officer shall give written	5983
notice of the seizure under division (B)(1) of this section to the	5984
court that will conduct the initial appearance of the arrested	5985
person on the charges arising out of the arrest. Upon receipt of	5986
the notice, the court promptly shall determine whether the	5987
arrested person is the vehicle owner. If the court determines that	5988
the arrested person is not the vehicle owner, it promptly shall	5989
send by regular mail written notice of the seizure to the	5990
vehicle's registered owner. The written notice shall contain all	5991
of the information required by division (B)(1) of this section to	5992
be in a notice to be given to the arrested person and also shall	5993
specify the date, time, and place of the arrested person's initial	5994
appearance. The notice also shall inform the vehicle owner that if	5995
title to a motor vehicle that is subject to an order for criminal	5996
forfeiture under this section is assigned or transferred and	5997
division (B)(2) or (3) of section 4503.234 of the Revised Code	5998
applies, the court may fine the arrested person the value of the	5999
vehicle. The notice also shall state that if the vehicle is	6000
immobilized under division (A) of section 4503.233 of the Revised	6001
Code, seven days after the end of the period of immobilization a	6002
law enforcement agency will send the vehicle owner a notice,	6003
informing the owner that if the release of the vehicle is not	6004
obtained in accordance with division (D)(3) of section 4503.233 of	6005
the Revised Code, the vehicle shall be forfeited. The notice also	6006
shall inform the vehicle owner that the owner may be charged	6007
expenses or charges incurred under this section and section	6008
4503.233 of the Revised Code for the removal and storage of the	6009
vehicle.	6010

The written notice that is given to the arrested person also	6011
shall state that if the person is convicted of or pleads guilty to	6012
the offense and the court issues an immobilization and impoundment	6013
order relative to that vehicle, division (D)(4) of section	6014
4503.233 of the Revised Code prohibits the vehicle from being sold	6015
during the period of immobilization without the prior approval of	6016
the court.	6017

(3) At or before the initial appearance, the vehicle owner	6018
may file a motion requesting the court to order that the vehicle	6019
and its license plates be released to the vehicle owner. Except as	6020
provided in this division and subject to the payment of expenses	6021
or charges incurred in the removal and storage of the vehicle, the	6022
court, in its discretion, then may issue an order releasing the	6023
vehicle and its license plates to the vehicle owner. Such an order	6024
may be conditioned upon such terms as the court determines	6025
appropriate, including the posting of a bond in an amount	6026
determined by the court. If the arrested person is not the vehicle	6027
owner and if the vehicle owner is not present at the arrested	6028
person's initial appearance, and if the court believes that the	6029
vehicle owner was not provided with adequate notice of the initial	6030
appearance, the court, in its discretion, may allow the vehicle	6031
owner to file a motion within seven days of the initial	6032
appearance. If the court allows the vehicle owner to file such a	6033
motion after the initial appearance, the extension of time granted	6034
by the court does not extend the time within which the initial	6035
appearance is to be conducted. If the court issues an order for	6036
the release of the vehicle and its license plates, a copy of the	6037
order shall be made available to the vehicle owner. If the vehicle	6038
owner presents a copy of the order to the law enforcement agency	6039
that employs the law enforcement officer who arrested the arrested	6040
person, the law enforcement agency promptly shall release the	6041
vehicle and its license plates to the vehicle owner upon payment	6042
by the vehicle owner of any expenses or charges incurred in the	6043
removal or storage of the vehicle.	6044

(4) A vehicle seized under division (B)(1) of this section	6045
either shall be towed to a place specified by the law enforcement	6046
agency that employs the arresting officer to be safely kept by the	6047
agency at that place for the time and in the manner specified in	6048
this section or shall be otherwise immobilized for the time and in	6049
the manner specified in this section. A law enforcement officer of	6050
that agency shall remove the identification license plates of the	6051
vehicle, and they shall be safely kept by the agency for the time	6052
and in the manner specified in this section. No vehicle that is	6053
seized and either towed or immobilized pursuant to this division	6054
shall be considered contraband for purposes of Chapter 2981. of	6055
the Revised Code. The vehicle shall not be immobilized at any	6056
place other than a commercially operated private storage lot, a	6057
place owned by a law enforcement or other government agency, or a	6058
place to which one of the following applies:	6059

(a) The place is leased by or otherwise under the control of	6060
a law enforcement or other government agency.	6061

(b) The place is owned by the arrested person, the arrested	6062
person's spouse, or a parent or child of the arrested person.	6063

(c) The place is owned by a private person or entity, and,	6064
prior to the immobilization, the private entity or person that	6065
owns the place, or the authorized agent of that private entity or	6066
person, has given express written consent for the immobilization	6067
to be carried out at that place.	6068

(d) The place is a public street or highway on which the	6069
vehicle is parked in accordance with the law.	6070

(C)(1) A vehicle seized under division (B)(1) of this section	6071
shall be safely kept at the place to which it is towed or	6072
otherwise moved by the law enforcement agency that employs the	6073
arresting officer until the initial appearance of the arrested	6074
person relative to the charge in question. The license plates of	6075
the vehicle that are removed pursuant to division (B)(1) of this	6076
section shall be safely kept by the law enforcement agency that	6077
employs the arresting officer until at least the initial	6078
appearance of the arrested person relative to the charge in	6079
question.	6080

(2)(a) At the initial appearance or not less than seven days	6081
prior to the date of final disposition, the court shall notify the	6082
arrested person that, if title to a motor vehicle that is subject	6083
to an order for criminal forfeiture under this section is assigned	6084
or transferred and division (B)(2) or (3) of section 4503.234 of	6085
the Revised Code applies, the court may fine the arrested person	6086
the value of the vehicle. If, at the initial appearance, the	6087
arrested person pleads guilty to the violation of section 4510.14,	6088
~~4510.16,~~ or 4511.203 of the Revised Code, or a municipal ordinance	6089
that is substantially equivalent to ~~any~~either of those sections	6090
or pleads no contest to and is convicted of the violation, the	6091
following sentencing provisions apply:	6092

(i) If the person violated section 4510.14 of the Revised	6093
Code or a municipal ordinance that is substantially equivalent to	6094
that section, the court shall impose sentence upon the person as	6095
provided by law or ordinance; the court shall order the	6096
immobilization of the vehicle the arrested person was operating at	6097
the time of, or that was involved in, the offense if registered in	6098
the arrested person's name and the impoundment of its license	6099
plates under sections 4503.233 and 4510.14 of the Revised Code or	6100
the criminal forfeiture to the state of the vehicle if registered	6101
in the arrested person's name under sections 4503.234 and 4510.14	6102
of the Revised Code, whichever is applicable; and the vehicle and	6103
its license plates shall not be returned or released to the	6104
arrested person.	6105

(ii) If the person violated section 4511.203 of the Revised	6106
Code or a municipal ordinance that is substantially equivalent to	6107
that section, ~~or violated section 4510.16 of the Revised Code or a~~	6108
~~municipal ordinance that is substantially equivalent to that~~	6109
~~section and division (G)(2) of section 4510.16 or division (B) of~~	6110
~~section 4510.161 of the Revised Code applies,~~ the court shall	6111
impose sentence upon the person as provided by law or ordinance;	6112
the court may order the immobilization of the vehicle the arrested	6113
person was operating at the time of, or that was involved in, the	6114
offense if registered in the arrested person's name and the	6115
impoundment of its license plates under section 4503.233 and	6116
section ~~4510.16, 4510.161, or~~ 4511.203 of the Revised Code or the	6117
criminal forfeiture to the state of the vehicle if registered in	6118
the arrested person's name under section 4503.234 and section	6119
~~4510.16, 4510.161, or~~ 4511.203 of the Revised Code, whichever is	6120
applicable; and the vehicle and its license plates shall not be	6121
returned or released to the arrested person.	6122

~~(ii) If the person violated section 4510.16 of the Revised~~	6123
~~Code or a municipal ordinance that is substantially equivalent to~~	6124
~~that section and division (G)(1) of section 4510.16 or division~~	6125
~~(B) of section 4510.161 applies, the court shall impose sentence~~	6126
~~upon the person as provided by law or ordinance and may order the~~	6127
~~immobilization of the vehicle the person was operating at the time~~	6128
~~of, or that was involved in, the offense if it is registered in~~	6129
~~the arrested person's name and the impoundment of its license~~	6130
~~plates under section 4503.233 and section 4510.16 or 4510.161 of~~	6131
~~the Revised Code, and the vehicle and its license plates shall not~~	6132
~~be returned or released to the arrested person.~~	6133

(b) If, at any time, the charge that the arrested person	6134
violated section 4510.14~~, 4510.16,~~ or 4511.203 of the Revised	6135
Code, or a municipal ordinance that is substantially equivalent to	6136
~~any~~either of those sections is dismissed for any reason, the	6137
court shall order that the vehicle seized at the time of the	6138
arrest and its license plates immediately be released to the	6139
person.	6140

(D) If a vehicle and its license plates are seized under	6141
division (B)(1) of this section and are not returned or released	6142
to the arrested person pursuant to division (C) of this section,	6143
the vehicle and its license plates shall be retained until the	6144
final disposition of the charge in question. Upon the final	6145
disposition of that charge, the court shall do whichever of the	6146
following is applicable:	6147

(1) If the arrested person is convicted of or pleads guilty	6148
to the violation of section 4510.14 of the Revised Code or a	6149
municipal ordinance that is substantially equivalent to that	6150
section, the court shall impose sentence upon the person as	6151
provided by law or ordinance and shall order the immobilization of	6152
the vehicle the person was operating at the time of, or that was	6153
involved in, the offense if it is registered in the arrested	6154
person's name and the impoundment of its license plates under	6155
sections 4503.233 and 4510.14 of the Revised Code or the criminal	6156
forfeiture of the vehicle if it is registered in the arrested	6157
person's name under sections 4503.234 and 4510.14 of the Revised	6158
Code, whichever is applicable.	6159

(2) If the arrested person is convicted of or pleads guilty	6160
to the violation of section 4511.203 of the Revised Code, or a	6161
municipal ordinance that is substantially equivalent to that	6162
section, ~~or to the violation of section 4510.16 of the Revised~~	6163
~~Code or a municipal ordinance that is substantially equivalent to~~	6164
~~that section and division (F)(2) of section 4510.16 or division~~	6165
~~(B) of section 4510.161 of the Revised Code applies,~~ the court	6166
shall impose sentence upon the person as provided by law or	6167
ordinance and may order the immobilization of the vehicle the	6168
person was operating at the time of, or that was involved in, the	6169
offense if it is registered in the arrested person's name and the	6170
impoundment of its license plates under section 4503.233 and	6171
section ~~4510.16, 4510.161, or~~ 4511.203 of the Revised Code or the	6172
criminal forfeiture of the vehicle if it is registered in the	6173
arrested person's name under section 4503.234 and section ~~4510.16,~~	6174
~~4510.161, or~~ 4511.203 of the Revised Code, whichever is	6175
applicable.	6176

~~(2) If the person violated section 4510.16 of the Revised~~	6177
~~Code or a municipal ordinance that is substantially equivalent to~~	6178
~~that section and division (G)(1) of section 4510.16 or division~~	6179
~~(B) of section 4510.161 applies, the court shall impose sentence~~	6180
~~upon the person as provided by law or ordinance and may order the~~	6181
~~immobilization of the vehicle the person was operating at the time~~	6182
~~of, or that was involved in, the offense if it is registered in~~	6183
~~the person's name and the impoundment of its license plates under~~	6184
~~section 4503.233 and section 4510.16 or 4510.161 of the Revised~~	6185
~~Code.~~	6186

(3) If the arrested person is found not guilty of the	6187
violation of section 4510.14~~, 4510.16,~~ or 4511.203 of the Revised	6188
Code, or a municipal ordinance that is substantially equivalent to	6189
~~any~~either of those sections, the court shall order that the	6190
vehicle and its license plates immediately be released to the	6191
arrested person.	6192

(4) If the charge that the arrested person violated section	6193
4510.14~~, 4510.16,~~ or 4511.203 of the Revised Code, or a municipal	6194
ordinance that is substantially equivalent to ~~any~~either of those	6195
sections is dismissed for any reason, the court shall order that	6196
the vehicle and its license plates immediately be released to the	6197
arrested person.	6198

(5) If the impoundment of the vehicle was not authorized	6199
under this section, the court shall order that the vehicle and its	6200
license plates be returned immediately to the arrested person or,	6201
if the arrested person is not the vehicle owner, to the vehicle	6202
owner and shall order that the state or political subdivision of	6203
the law enforcement agency served by the law enforcement officer	6204
who seized the vehicle pay all expenses and charges incurred in	6205
its removal and storage.	6206

(E) If a vehicle is seized under division (B)(2) of this	6207
section, the time between the seizure of the vehicle and either	6208
its release to the arrested person pursuant to division (C) of	6209
this section or the issuance of an order of immobilization of the	6210
vehicle under section 4503.233 of the Revised Code shall be	6211
credited against the period of immobilization ordered by the	6212
court.	6213

(F)(1) Except as provided in division (D)(4) of this section,	6214
the arrested person may be charged expenses or charges incurred in	6215
the removal and storage of the immobilized vehicle. The court with	6216
jurisdiction over the case, after notice to all interested	6217
parties, including lienholders, and after an opportunity for them	6218
to be heard, if the court finds that the arrested person does not	6219
intend to seek release of the vehicle at the end of the period of	6220
immobilization under section 4503.233 of the Revised Code or that	6221
the arrested person is not or will not be able to pay the expenses	6222
and charges incurred in its removal and storage, may order that	6223
title to the vehicle be transferred, in order of priority, first	6224
into the name of the person or entity that removed it, next into	6225
the name of a lienholder, or lastly into the name of the owner of	6226
the place of storage.	6227

Any lienholder that receives title under a court order shall	6228
do so on the condition that it pay any expenses or charges	6229
incurred in the vehicle's removal and storage. If the person or	6230
entity that receives title to the vehicle is the person or entity	6231
that removed it, the person or entity shall receive title on the	6232
condition that it pay any lien on the vehicle. The court shall not	6233
order that title be transferred to any person or entity other than	6234
the owner of the place of storage if the person or entity refuses	6235
to receive the title. Any person or entity that receives title	6236
either may keep title to the vehicle or may dispose of the vehicle	6237
in any legal manner that it considers appropriate, including	6238
assignment of the certificate of title to the motor vehicle to a	6239
salvage dealer or a scrap metal processing facility. The person or	6240
entity shall not transfer the vehicle to the person who is the	6241
vehicle's immediate previous owner.	6242

If the person or entity that receives title assigns the motor	6243
vehicle to a salvage dealer or scrap metal processing facility,	6244
the person or entity shall send the assigned certificate of title	6245
to the motor vehicle to the clerk of the court of common pleas of	6246
the county in which the salvage dealer or scrap metal processing	6247
facility is located. The person or entity shall mark the face of	6248
the certificate of title with the words "FOR DESTRUCTION" and	6249
shall deliver a photocopy of the certificate of title to the	6250
salvage dealer or scrap metal processing facility for its records.	6251

(2) Whenever a court issues an order under division (F)(1) of	6252
this section, the court also shall order removal of the license	6253
plates from the vehicle and cause them to be sent to the registrar	6254
if they have not already been sent to the registrar. Thereafter,	6255
no further proceedings shall take place under this section or	6256
under section 4503.233 of the Revised Code.	6257

(3) Prior to initiating a proceeding under division (F)(1) of	6258
this section, and upon payment of the fee under division (B) of	6259
section 4505.14, any interested party may cause a search to be	6260
made of the public records of the bureau of motor vehicles or the	6261
clerk of the court of common pleas, to ascertain the identity of	6262
any lienholder of the vehicle. The initiating party shall furnish	6263
this information to the clerk of the court with jurisdiction over	6264
the case, and the clerk shall provide notice to the arrested	6265
person, any lienholder, and any other interested parties listed by	6266
the initiating party, at the last known address supplied by the	6267
initiating party, by certified mail, or, at the option of the	6268
initiating party, by personal service or ordinary mail.	6269

Sec. 4510.54. (A) Except as provided in division (F) of this	6270
section, a person whose driver's or commercial driver's license	6271
has been suspended for life under a class one suspension or as	6272
otherwise provided by law or has been suspended for a period in	6273
excess of fifteen years under a class two suspension may file a	6274
motion with the sentencing court for modification or termination	6275
of the suspension. The person filing the motion shall demonstrate	6276
all of the following:	6277

(1) One of the following applies:

6278

(a) At least fifteen years have elapsed since the suspension	6279
began.	6280

~~(2) For~~, and, for the past fifteen years, the person has not	6281
been found guilty of any felony, any offense involving a moving	6282
violation under federal law, the law of this state, or the law of	6283
any of its political subdivisions, or any violation of a	6284
suspension under this chapter or a substantially equivalent	6285
municipal ordinance.	6286

(b) At least five years have elapsed since the suspension	6287
began, and, for the past five years, the person has not been found	6288
guilty of any offense involving a moving violation under the law	6289
of this state, the law of any of its political subdivisions, or	6290
federal law, any violation of section 2903.06 or 2903.08 of the	6291
Revised Code, or any violation of a suspension under this chapter	6292
or a substantially equivalent municipal ordinance.	6293

~~(3)~~(2) The person has proof of financial responsibility, a	6294
policy of liability insurance in effect that meets the minimum	6295
standard set forth in section 4509.51 of the Revised Code, or	6296
proof, to the satisfaction of the registrar of motor vehicles,	6297
that the person is able to respond in damages in an amount at	6298
least equal to the minimum amounts specified in that section.	6299

~~(4)~~(3) If the suspension was imposed because the person was	6300
under the influence of alcohol, a drug of abuse, or combination of	6301
them at the time of the offense or because at the time of the	6302
offense the person's whole blood, blood serum or plasma, breath,	6303
or urine contained at least the concentration of alcohol specified	6304
in division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	6305
Revised Code or at least the concentration of a listed controlled	6306
substance or a listed metabolite of a controlled substance	6307
specified in division (A)(1)(j) of section 4511.19 of the Revised	6308
Code, the person also shall demonstrate all of the following:	6309

(a) The person successfully completed an alcohol, drug, or	6310
alcohol and drug treatment program.	6311

(b) The person has not abused alcohol or other drugs for a	6312
period satisfactory to the court.	6313

(c) For the past fifteen years, the person has not been found	6314
guilty of any alcohol-related or drug-related offense.	6315

(B) Upon receipt of a motion for modification or termination	6316
of the suspension under this section, the court may schedule a	6317
hearing on the motion. The court may deny the motion without a	6318
hearing but shall not grant the motion without a hearing. If the	6319
court denies a motion without a hearing, the court may consider a	6320
subsequent motion filed under this section by that person. If a	6321
court denies the motion after a hearing, the court shall not	6322
consider a subsequent motion for that person. The court shall hear	6323
only one motion filed by a person under this section. If	6324
scheduled, the hearing shall be conducted in open court within	6325
ninety days after the date on which the motion is filed.	6326

(C) The court shall notify the person whose license was	6327
suspended and the prosecuting attorney of the date, time, and	6328
location of the hearing. Upon receipt of the notice from the	6329
court, the prosecuting attorney shall notify the victim or the	6330
victim's representative of the date, time, and location of the	6331
hearing.	6332

(D) At any hearing under this section, the person who seeks	6333
modification or termination of the suspension has the burden to	6334
demonstrate, under oath, that the person meets the requirements of	6335
division (A) of this section. At the hearing, the court shall	6336
afford the offender or the offender's counsel an opportunity to	6337
present oral or written information relevant to the motion. The	6338
court shall afford a similar opportunity to provide relevant	6339
information to the prosecuting attorney and the victim or victim's	6340
representative.	6341

Before ruling on the motion, the court shall take into	6342
account the person's driving record, the nature of the offense	6343
that led to the suspension, and the impact of the offense on any	6344
victim. In addition, if the offender is eligible for modification	6345
or termination of the suspension under division (A)~~(2)~~(1)(a) of	6346
this section, the court shall consider whether the person	6347
committed any other offense while under suspension and determine	6348
whether the offense is relevant to a determination under this	6349
section. The court may modify or terminate the suspension subject	6350
to any considerations it considers proper if it finds that	6351
allowing the person to drive is not likely to present a danger to	6352
the public. After the court makes a ruling on a motion filed under	6353
this section, the prosecuting attorney shall notify the victim or	6354
the victim's representative of the court's ruling.	6355

(E) If a court modifies a person's license suspension under	6356
this section and the person subsequently is found guilty of any	6357
moving violation or of any substantially equivalent municipal	6358
ordinance that carries as a possible penalty the suspension of a	6359
person's driver's or commercial driver's license, the court may	6360
reimpose the class one or other lifetime suspension, or the class	6361
two suspension, whichever is applicable.	6362

(F) This section does not apply to any person whose driver's	6363
or commercial driver's license or permit or nonresident operating	6364
privilege has been suspended for life under a class one suspension	6365
imposed under division (B)(3) of section 2903.06 or section	6366
2903.08 of the Revised Code or a class two suspension imposed	6367
under division (C) of section 2903.06 or section 2903.11, 2923.02,	6368
or 2929.02 of the Revised Code.	6369

Sec. 4513.02. (A) No person shall drive or move, or cause or	6370
knowingly permit to be driven or moved, on any highway any vehicle	6371
or combination of vehicles which is in such unsafe condition as to	6372
endanger any person.	6373

(B) When directed by any state highway patrol trooper, the	6374
operator of any motor vehicle shall stop and submit such motor	6375
vehicle to an inspection under division (B)(1) or (2) of this	6376
section, as appropriate, and such tests as are necessary.	6377

(1) Any motor vehicle not subject to inspection by the public	6378
utilities commission shall be inspected and tested to determine	6379
whether it is unsafe or not equipped as required by law, or that	6380
its equipment is not in proper adjustment or repair, or in	6381
violation of the equipment provisions of Chapter 4513. of the	6382
Revised Code.	6383

Such inspection shall be made with respect to the brakes,	6384
lights, turn signals, steering, horns and warning devices, glass,	6385
mirrors, exhaust system, windshield wipers, tires, and such other	6386
items of equipment as designated by the superintendent of the	6387
state highway patrol by rule or regulation adopted pursuant to	6388
sections 119.01 to 119.13 of the Revised Code.	6389

Upon determining that a motor vehicle is in safe operating	6390
condition and its equipment in conformity with Chapter 4513. of	6391
the Revised Code, the inspecting officer shall issue to the	6392
operator an official inspection sticker, which shall be in such	6393
form as the superintendent prescribes except that its color shall	6394
vary from year to year.	6395

(2) Any motor vehicle subject to inspection by the public	6396
utilities commission shall be inspected and tested in accordance	6397
with rules adopted by the commission. Upon determining that the	6398
vehicle and operator are in compliance with rules adopted by the	6399
commission, the inspecting officer shall issue to the operator an	6400
appropriate official inspection sticker.	6401

(C) The superintendent of the state highway patrol, pursuant	6402
to sections 119.01 to 119.13 of the Revised Code, shall determine	6403
and promulgate standards for any inspection program conducted by a	6404
political subdivision of this state. These standards shall exempt	6405
licensed collector's vehicles and historical motor vehicles from	6406
inspection. Any motor vehicle bearing a valid certificate of	6407
inspection issued by another state or a political subdivision of	6408
this state whose inspection program conforms to the	6409
superintendent's standards, and any licensed collector's vehicle	6410
or historical motor vehicle which is not in a condition which	6411
endangers the safety of persons or property, shall be exempt from	6412
the tests provided in division (B) of this section.	6413

(D) Every person, firm, association, or corporation that, in	6414
the conduct of its business, owns and operates not less than	6415
fifteen motor vehicles in this state that are not subject to	6416
regulation by the public utilities commission and that, for the	6417
purpose of storing, repairing, maintaining, and servicing such	6418
motor vehicles, equips and operates one or more service	6419
departments within this state, may file with the superintendent of	6420
the state highway patrol applications for permits for such service	6421
departments as official inspection stations for its own motor	6422
vehicles. Upon receiving an application for each such service	6423
department, and after determining that it is properly equipped and	6424
has competent personnel to perform the inspections referred to in	6425
this section, the superintendent shall issue the necessary	6426
inspection stickers and permit to operate as an official	6427
inspection station. Any such person who has had one or more	6428
service departments so designated as official inspection stations	6429
may have motor vehicles that are owned and operated by the person	6430
and that are not subject to regulation by the public utilities	6431
commission, excepting private passenger cars owned by the person	6432
or the person's employees, inspected at such service department;	6433
and any motor vehicle bearing a valid certificate of inspection	6434
issued by such service department shall be exempt from the tests	6435
provided in division (B) of this section.	6436

No permit for an official inspection station shall be	6437
assigned or transferred or used at any location other than therein	6438
designated, and every such permit shall be posted in a conspicuous	6439
place at the location designated.	6440

If a person, firm, association, or corporation owns and	6441
operates fifteen or more motor vehicles in the conduct of business	6442
and is subject to regulation by the public utilities commission,	6443
that person, firm, association, or corporation is not eligible to	6444
apply to the superintendent for permits to enable any of its	6445
service departments to serve as official inspection stations for	6446
its own motor vehicles.	6447

(E) When any motor vehicle is found to be unsafe for	6448
operation, the inspecting officer may order it removed from the	6449
highway and not operated, except for purposes of removal and	6450
repair, until it has been repaired pursuant to a repair order as	6451
provided in division (F) of this section.	6452

(F) When any motor vehicle is found to be defective or in	6453
violation of Chapter 4513. of the Revised Code, the inspecting	6454
officer may issue a repair order, in such form and containing such	6455
information as the superintendent shall prescribe, to the owner or	6456
operator of the motor vehicle. The owner or operator shall	6457
thereupon obtain such repairs as are required and shall, as	6458
directed by the inspecting officer, return the repair order	6459
together with proof of compliance with its provisions. When any	6460
motor vehicle or operator subject to rules of the public utilities	6461
commission fails the inspection, the inspecting officer shall	6462
issue an appropriate order to obtain compliance with such rules.	6463

(G) Sections 4513.01 to 4513.37 of the Revised Code, with	6464
respect to equipment on vehicles, do not apply to implements of	6465
husbandry, road machinery, road rollers, or agricultural tractors	6466
except as made applicable to such articles of machinery.	6467

(H) ~~Except as otherwise provided in this division, whoever~~	6468
Whoever violates this section is guilty of a minor misdemeanor. If	6469
~~the offender previously has been convicted of a violation of this~~	6470
~~section, whoever violates this section is guilty of a misdemeanor~~	6471
~~of the third degree.~~	6472

Sec. 4513.021. (A) As used in this section:

6473

(1) "Passenger car" means any motor vehicle with motive	6474
power, designed for carrying ten persons or less, except a	6475
multipurpose passenger vehicle or motorcycle.	6476

(2) "Multipurpose passenger vehicle" means a motor vehicle	6477
with motive power, except a motorcycle, designed to carry ten	6478
persons or less, that is constructed either on a truck chassis or	6479
with special features for occasional off-road operation.	6480

(3) "Truck" means every motor vehicle, except trailers and	6481
semitrailers, designed and used to carry property and having a	6482
gross vehicle weight rating of ten thousand pounds or less.	6483

(4) "Manufacturer" has the same meaning as in section 4501.01	6484
of the Revised Code.	6485

(5) "Gross vehicle weight rating" means the manufacturer's	6486
gross vehicle weight rating established for that vehicle.	6487

(B) The director of public safety, in accordance with Chapter	6488
119. of the Revised Code, shall adopt rules in conformance with	6489
standards of the vehicle equipment safety commission, that shall	6490
govern the maximum bumper height or, in the absence of bumpers and	6491
in cases where bumper heights have been lowered or modified, the	6492
maximum height to the bottom of the frame rail, of any passenger	6493
car, multipurpose passenger vehicle, or truck.	6494

(C) No person shall operate upon a street or highway any	6495
passenger car, multipurpose passenger vehicle, or truck registered	6496
in this state that does not conform to the requirements of this	6497
section or to any applicable rule adopted pursuant to this	6498
section.	6499

(D) No person shall modify any motor vehicle registered in	6500
this state in such a manner as to cause the vehicle body or	6501
chassis to come in contact with the ground, expose the fuel tank	6502
to damage from collision, or cause the wheels to come in contact	6503
with the body under normal operation, and no person shall	6504
disconnect any part of the original suspension system of the	6505
vehicle to defeat the safe operation of that system.	6506

(E) Nothing contained in this section or in the rules adopted	6507
pursuant to this section shall be construed to prohibit either of	6508
the following:	6509

(1) The installation upon a passenger car, multipurpose	6510
passenger vehicle, or truck registered in this state of heavy duty	6511
equipment, including shock absorbers and overload springs;	6512

(2) The operation on a street or highway of a passenger car,	6513
multipurpose passenger vehicle, or truck registered in this state	6514
with normal wear to the suspension system if the normal wear does	6515
not adversely affect the control of the vehicle.	6516

(F) This section and the rules adopted pursuant to it do not	6517
apply to any specially designed or modified passenger car,	6518
multipurpose passenger vehicle, or truck when operated off a	6519
street or highway in races and similar events.	6520

(G) ~~Except as otherwise provided in this division, whoever~~	6521
Whoever violates this section is guilty of a minor misdemeanor. If	6522
~~the offender previously has been convicted of a violation of this~~	6523
~~section, whoever violates this section is guilty of a misdemeanor~~	6524
~~of the third degree.~~	6525

Sec. 4513.99. (A) Any violation of section 4513.10,	6526
4513.182, 4513.20, 4513.201, 4513.202, 4513.25, 4513.26, 4513.27,	6527
4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the Revised Code	6528
shall be punished under division (B) of this section.	6529

(B) Whoever violates the sections of this chapter that are	6530
specifically required to be punished under this division, or any	6531
provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of	6532
the Revised Code for which violation no penalty is otherwise	6533
provided, is guilty of a minor misdemeanor ~~on a first offense; on~~	6534
~~a second offense within one year after the first offense, the~~	6535
~~person is guilty of a misdemeanor of the fourth degree; on each~~	6536
~~subsequent offense within one year after the first offense, the~~	6537
~~person is guilty of a misdemeanor of the third degree~~.	6538

Sec. 4713.07. The state board of cosmetology shall do all of	6539
the following:	6540

(A) Prescribe and make available application forms to be used	6541
by persons seeking admission to an examination conducted under	6542
section 4713.24 of the Revised Code or a license issued under this	6543
chapter;	6544

(B) Prescribe and make available application forms to be used	6545
by persons seeking renewal of a license issued under this chapter;	6546

(C) Report to the proper prosecuting officer all violations	6547
of section 4713.14 of the Revised Code of which the board is	6548
aware;	6549

(D) Submit a written report annually to the governor that	6550
provides all of the following:	6551

(1) A discussion of the conditions in this state of the	6552
branches of cosmetology;	6553

(2) A brief summary of the board's proceedings during the	6554
year the report covers;	6555

(3) A statement of all money that the board received and	6556
expended during the year the report covers.	6557

(E) Keep a record of all of the following:

6558

(1) The board's proceedings;

6559

(2) The name and last known address of each person issued a	6560
license under section 4713.28, 4713.30, 4713.31, 4713.34, or	6561
4713.39 of the Revised Code;	6562

(3) The name and address of each salon issued a license under	6563
section 4713.41 of the Revised Code and each school of cosmetology	6564
issued a license under section 4713.44 of the Revised Code;	6565

(4) The name and address of each tanning facility issued a	6566
permit under section 4713.48 of the Revised Code;	6567

(5) The date and number of each license and permit that the	6568
board issues;	6569

(F) Assist ex-offenders and military veterans who hold	6570
licenses issued by the board to find employment within salons or	6571
other facilities within this state;	6572

(G) All other duties that this chapter imposes on the board.

6573

Sec. 4713.28. The state board of cosmetology shall issue a	6574
practicing license to an applicant who, except as provided in	6575
section 4713.30 of the Revised Code, satisfies all of the	6576
following applicable conditions:	6577

(A) Is at least sixteen years of age;

6578

(B) Is of good moral character;

6579

(C) Has the equivalent of an Ohio public school tenth grade	6580
education;	6581

(D) Passes an examination conducted under section 4713.24 of	6582
the Revised Code for the branch of cosmetology the applicant seeks	6583
to practice;	6584

(E) Pays to the board the applicable fee;

6585

(F) In the case of an applicant for an initial cosmetologist	6586
license, has successfully completed at least fifteen hundred hours	6587
of board-approved cosmetology training in a school of cosmetology	6588
licensed in this state, except that only one thousand hours of	6589
board-approved cosmetology training in a school of cosmetology	6590
licensed in this state is required of a person licensed as a	6591
barber under Chapter 4709. of the Revised Code;	6592

(G) In the case of an applicant for an initial esthetician	6593
license, has successfully completed at least six hundred hours of	6594
board-approved esthetics training in a school of cosmetology	6595
licensed in this state;	6596

(H) In the case of an applicant for an initial hair designer	6597
license, has successfully completed at least one thousand two	6598
hundred hours of board-approved hair designer training in a school	6599
of cosmetology licensed in this state, except that only one	6600
thousand hours of board-approved hair designer training in a	6601
school of cosmetology licensed in this state is required of a	6602
person licensed as a barber under Chapter 4709. of the Revised	6603
Code;	6604

(I) In the case of an applicant for an initial manicurist	6605
license, has successfully completed at least two hundred hours of	6606
board-approved manicurist training in a school of cosmetology	6607
licensed in this state;	6608

(J) In the case of an applicant for an initial natural hair	6609
stylist license, has successfully completed at least four hundred	6610
fifty hours of instruction in subjects relating to sanitation,	6611
scalp care, anatomy, hair styling, communication skills, and laws	6612
and rules governing the practice of cosmetology;	6613

(K) The board shall not deny a license to any applicant based	6614
on prior incarceration or conviction for any crime. If the board	6615
denies an individual a license or license renewal, the reasons for	6616
such denial shall be put in writing.	6617

Sec. 4725.44. (A) The Ohio optical dispensers board shall be	6618
responsible for the administration of sections 4725.40 to 4725.59	6619
of the Revised Code and, in particular, shall process applications	6620
for licensure as licensed dispensing opticians and ocularists;	6621
schedule, administer, and supervise the qualifying examinations	6622
for licensure or contract with a testing service to schedule,	6623
administer, and supervise the qualifying examination for	6624
licensure; issue licenses to qualified individuals; revoke and	6625
suspend licenses; and maintain adequate records with respect to	6626
its operations and responsibilities.	6627

(B) The board shall adopt, amend, or rescind rules, pursuant	6628
to Chapter 119. of the Revised Code, for the licensure of	6629
dispensing opticians and ocularists, and such other rules as are	6630
required by or necessary to carry out the responsibilities imposed	6631
by sections 4725.40 to 4725.59 of the Revised Code, including	6632
rules establishing criminal records check requirements under	6633
section 4776.03 of the Revised Code and rules establishing	6634
disqualifying offenses for licensure as a dispensing optician or	6635
certification as an apprentice dispensing optician pursuant to	6636
sections 4725.48, 4725.52, 4725.53, and 4776.10 of the Revised	6637
Code.	6638

(C) The board shall have no authority to adopt rules	6639
governing the employment of dispensing opticians, the location or	6640
number of optical stores, advertising of optical products or	6641
services, or the manner in which optical products can be	6642
displayed.	6643

Sec. 4725.48. (A) Any person who desires to engage in	6644
optical dispensing, except as provided in section 4725.47 of the	6645
Revised Code, shall file a properly completed written application	6646
for an examination with the Ohio optical dispensers board or with	6647
the testing service the board has contracted with pursuant to	6648
section 4725.49 of the Revised Code. The application for	6649
examination shall be made on a form provided by the board or	6650
testing service and shall be accompanied by an examination fee the	6651
board shall establish by rule. Applicants must return the	6652
application to the board or testing service at least sixty days	6653
prior to the date the examination is scheduled to be administered.	6654

(B) Except as provided in section 4725.47 of the Revised	6655
Code, any person who desires to engage in optical dispensing shall	6656
file a properly completed written application for a license with	6657
the board with a licensure application fee of fifty dollars.	6658

No person shall be eligible to apply for a license under this	6659
division, unless the person is at least eighteen years of age~~, is~~	6660
~~of good moral character~~, is free of contagious or infectious	6661
disease, has received a passing score, as determined by the board,	6662
on the examination administered under division (A) of this	6663
section, is a graduate of an accredited high school of any state,	6664
or has received an equivalent education and has successfully	6665
completed either of the following:	6666

(1) Two years of supervised experience under a licensed	6667
dispensing optician, optometrist, or physician engaged in the	6668
practice of ophthalmology, up to one year of which may be	6669
continuous experience of not less than thirty hours a week in an	6670
optical laboratory;	6671

(2) A two-year college level program in optical dispensing	6672
that has been approved by the board and that includes, but is not	6673
limited to, courses of study in mathematics, science, English,	6674
anatomy and physiology of the eye, applied optics, ophthalmic	6675
optics, measurement and inspection of lenses, lens grinding and	6676
edging, ophthalmic lens design, keratometry, and the fitting and	6677
adjusting of spectacle lenses and frames and contact lenses,	6678
including methods of fitting contact lenses and post-fitting care.	6679

(C) Any person who desires to obtain a license to practice as	6680
an ocularist shall file a properly completed written application	6681
with the board accompanied by the appropriate fee and proof that	6682
the applicant has met the requirements for licensure. The board	6683
shall establish, by rule, the application fee and the minimum	6684
requirements for licensure, including education, examination, or	6685
experience standards recognized by the board as national standards	6686
for ocularists. The board shall issue a license to practice as an	6687
ocularist to an applicant who satisfies the requirements of this	6688
division and rules adopted pursuant to this division.	6689

(D)(1) Subject to divisions (D)(2), (3), and (4) of this	6690
section, the board shall not adopt, maintain, renew, or enforce	6691
any rule that precludes an individual from receiving or renewing a	6692
license as a dispensing optician issued under sections 4725.40 to	6693
4725.59 of the Revised Code due to any past criminal activity or	6694
interpretation of moral character, unless the individual has	6695
committed a crime of moral turpitude or a disqualifying offense as	6696
those terms are defined in section 4776.10 of the Revised Code. If	6697
the board denies an individual a license or license renewal, the	6698
reasons for such denial shall be put in writing.	6699

(2) Except as otherwise provided in this division, if an	6700
individual applying for a license has been convicted of or pleaded	6701
guilty to a misdemeanor that is not a crime of moral turpitude or	6702
a disqualifying offense less than one year prior to making the	6703
application, the board may use its discretion in granting or	6704
denying the individual a license. Except as otherwise provided in	6705
this division, if an individual applying for a license has been	6706
convicted of or pleaded guilty to a felony that is not a crime of	6707
moral turpitude or a disqualifying offense less than three years	6708
prior to making the application, the board may use its discretion	6709
in granting or denying the individual a license. The provisions in	6710
this paragraph do not apply with respect to any offense unless the	6711
board, prior to the effective date of this amendment, was required	6712
or authorized to deny the application based on that offense.	6713

In all other circumstances, the board shall follow the	6714
procedures it adopts by rule that conform to division (D)(1) of	6715
this section.	6716

(3) In considering a renewal of an individual's license, the	6717
board shall not consider any conviction or plea of guilty prior to	6718
the initial licensing. However, the board may consider a	6719
conviction or plea of guilty if it occurred after the individual	6720
was initially licensed, or after the most recent license renewal.	6721

(4) The board may grant an individual a conditional license	6722
that lasts for one year. After the one-year period has expired,	6723
the license is no longer considered conditional, and the	6724
individual shall be considered fully licensed.	6725

Sec. 4725.52. Any licensed dispensing optician may supervise	6726
a maximum of three apprentices who shall be permitted to engage in	6727
optical dispensing only under the supervision of the licensed	6728
dispensing optician.	6729

To serve as an apprentice, a person shall register with the	6730
Ohio optical dispensers board either on a form provided by the	6731
board or in the form of a statement giving the name and address of	6732
the supervising licensed dispensing optician, the location at	6733
which the apprentice will be employed, and any other information	6734
required by the board. For the duration of the apprenticeship, the	6735
apprentice shall register annually on the form provided by the	6736
board or in the form of a statement.	6737

Each apprentice shall pay an initial registration fee of	6738
twenty dollars. For each registration renewal thereafter, each	6739
apprentice shall pay a registration renewal fee of twenty dollars.	6740

The board shall not deny registration as an apprentice under	6741
this section to any individual based on the individual's past	6742
criminal history or an interpretation of moral character unless	6743
the individual has committed a disqualifying offense or crime of	6744
moral turpitude as those terms are defined in section 4776.10 of	6745
the Revised Code. Except as otherwise provided in this division,	6746
if an individual applying for a registration has been convicted of	6747
or pleaded guilty to a misdemeanor that is not a crime of moral	6748
turpitude or a disqualifying offense less than one year prior to	6749
making the application, the board may use its discretion in	6750
granting or denying the individual a registration. Except as	6751
otherwise provided in this division, if an individual applying for	6752
a registration has been convicted of or pleaded guilty to a felony	6753
that is not a crime of moral turpitude or a disqualifying offense	6754
less than three years prior to making the application, the board	6755
may use its discretion in granting or denying the individual a	6756
registration. The provisions in this paragraph do not apply with	6757
respect to any offense unless the board, prior to the effective	6758
date of this amendment, was required or authorized to deny the	6759
registration based on that offense.	6760

In all other circumstances, the board shall follow the	6761
procedures it adopts by rule that conform to this section. In	6762
considering a renewal of an individual's registration, the board	6763
shall not consider any conviction or plea of guilty prior to the	6764
initial registration. However, the board may consider a conviction	6765
or plea of guilty if it occurred after the individual was	6766
initially registered, or after the most recent registration	6767
renewal. If the board denies an individual for a registration or	6768
registration renewal, the reasons for such denial shall be put in	6769
writing. Additionally, the board may grant an individual a	6770
conditional registration that lasts for one year. After the	6771
one-year period has expired, the registration is no longer	6772
considered conditional, and the individual shall be considered	6773
fully registered.	6774

A person who is gaining experience under the supervision of a	6775
licensed optometrist or ophthalmologist that would qualify the	6776
person under division (B)(1) of section 4725.48 of the Revised	6777
Code to take the examination for optical dispensing is not	6778
required to register with the board.	6779

Sec. 4725.53. (A) The Ohio optical dispensers board, by a	6780
majority vote of its members, may refuse to grant a license and,	6781
in accordance with Chapter 119. of the Revised Code, may suspend	6782
or revoke the license of a licensed dispensing optician or impose	6783
a fine or order restitution pursuant to division (B) of this	6784
section on any of the following grounds:	6785

(1) Conviction of a ~~felony or a~~ crime involving moral	6786
turpitude or a disqualifying offense as those terms are defined in	6787
section 4776.10 of the Revised Code;	6788

(2) Obtaining or attempting to obtain a license by fraud or	6789
deception;	6790

(3) Obtaining any fee or making any sale of an optical aid by	6791
means of fraud or misrepresentation;	6792

(4) Habitual indulgence in the use of controlled substances	6793
or other habit-forming drugs, or in the use of alcoholic liquors	6794
to an extent that affects professional competency;	6795

(5) Finding by a court of competent jurisdiction that the	6796
applicant or licensee is incompetent by reason of mental illness	6797
and no subsequent finding by the court of competency;	6798

(6) Finding by a court of law that the licensee is guilty of	6799
incompetence or negligence in the dispensing of optical aids;	6800

(7) Knowingly permitting or employing a person whose license	6801
has been suspended or revoked or an unlicensed person to engage in	6802
optical dispensing;	6803

(8) Permitting another person to use ~~his~~the licensee's	6804
license;	6805

(9) Engaging in optical dispensing not pursuant to the	6806
prescription of a licensed physician or licensed optometrist, but	6807
nothing in this section shall prohibit the duplication or	6808
replacement of previously prepared optical aids, except contact	6809
lenses shall not be duplicated or replaced without a written	6810
prescription;	6811

(10) Violation of sections 4725.40 to 4725.59 of the Revised	6812
Code;	6813

(11) Waiving the payment of all or any part of a deductible	6814
or copayment that a patient, pursuant to a health insurance or	6815
health care policy, contract, or plan that covers optical	6816
dispensing services, would otherwise be required to pay if the	6817
waiver is used as an enticement to a patient or group of patients	6818
to receive health care services from that provider.	6819

(12) Advertising that hethe licensee will waive the payment	6820
of all or any part of a deductible or copayment that a patient,	6821
pursuant to a health insurance or health care policy, contract, or	6822
plan that covers optical dispensing services, would otherwise be	6823
required to pay.	6824

(B) The board may impose a fine of not more than five hundred	6825
dollars for a first occurrence of an action that is grounds for	6826
discipline under this section and of not less than five hundred	6827
nor more than one thousand dollars for a subsequent occurrence, or	6828
may order the licensee to make restitution to a person who has	6829
suffered a financial loss as a result of the licensee's failure to	6830
comply with sections 4725.40 to 4725.59 of the Revised Code.	6831

(C) Notwithstanding divisions (A)(11) and (12) of this	6832
section, sanctions shall not be imposed against any licensee who	6833
waives deductibles and copayments:	6834

(1) In compliance with the health benefit plan that expressly	6835
allows such a practice. Waiver of the deductibles or copays shall	6836
be made only with the full ~~knowlege~~knowledge and consent of the	6837
plan purchaser, payer, and third-party administrator. Such consent	6838
shall be made available to the board upon request.	6839

(2) For professional services rendered to any other person	6840
licensed pursuant to this chapter to the extent allowed by this	6841
chapter and the rules of the board.	6842

Sec. 4738.04. Each person applying for a motor vehicle	6843
salvage dealer license or a salvage motor vehicle auction license	6844
or a salvage motor vehicle pool license shall make out and deliver	6845
to the registrar of motor vehicles, upon a blank to be furnished	6846
by the registrar for that purpose, a separate application for	6847
license for each county in which the business is to be conducted.	6848
The application for each type of license shall be in the form	6849
prescribed by the registrar and shall be signed and sworn to by	6850
the applicant. The application for a license for a motor vehicle	6851
salvage dealer, a salvage motor vehicle auction, or salvage motor	6852
vehicle pool, in addition to other information as is required by	6853
the registrar, shall include the following:	6854

(A) Name of applicant and location of principal place of	6855
business;	6856

(B) Name or style under which business is to be conducted	6857
and, if a corporation, the state of incorporation;	6858

(C) Name and address of each owner or partner and, if a	6859
corporation, the names of the officers and directors;	6860

(D) The county in which the business is to be conducted and	6861
the address of each place of business therein;	6862

(E) A financial statement of the applicant showing the true	6863
financial condition as of a date not earlier than six months prior	6864
to the date of the application;	6865

(F) A statement of the previous history, record, and	6866
association of the applicant and of each owner, partner, officer,	6867
and director, which statement shall be sufficient to establish to	6868
the satisfaction of the registrar the reputation in business of	6869
the applicant;	6870

(G) A statement showing whether the applicant has previously	6871
been convicted of a ~~felony~~crime of moral turpitude or a	6872
disqualifying offense as those terms are defined in section	6873
4776.10 of the Revised Code;	6874

(H) A statement showing whether the applicant has previously	6875
applied for a license under this chapter and the result of the	6876
application, and whether the applicant has ever been the holder of	6877
any such license which was revoked or suspended;	6878

(I) If the applicant is a corporation or partnership, a	6879
statement showing whether any of the partners, officers, or	6880
directors have been refused a license under this chapter, or have	6881
been the holder of any such license which was revoked or	6882
suspended.	6883

Sec. 4738.07. ~~The~~(A) Except as otherwise provided in	6884
division (B) of this section, the registrar of motor vehicles	6885
shall deny the application of any person for a license under this	6886
chapter and refuse to issue ~~him~~the person a license if the	6887
registrar finds that the applicant:	6888

~~(A)~~(1) Has made false statement of a material fact in ~~his~~the	6889
individual's application;	6890

~~(B)~~(2) Has not complied with sections 4738.01 to 4738.15 of	6891
the Revised Code:	6892

~~(C)~~(3) Is of bad business repute or has habitually defaulted	6893
on financial obligations;	6894

~~(D)~~(4) Has been convicted of or pleaded guilty to a ~~felony~~	6895
crime of moral turpitude or a disqualifying offense as defined in	6896
section 4776.10 of the Revised Code;	6897

~~(E)~~(5) Has been guilty of a fraudulent act in connection with	6898
dealing in salvage motor vehicles or when operating as a motor	6899
vehicle salvage dealer, salvage motor vehicle auction, or salvage	6900
motor vehicle pool;	6901

~~(F)~~(6) Is insolvent;

6902

~~(G)~~(7) Is of insufficient responsibility to assure the prompt	6903
payment of any final judgments which might reasonably be entered	6904
against ~~him~~the individual because of the transaction of ~~his~~the	6905
individual's business during the period of the license applied	6906
for;	6907

~~(H)~~(8) Has no established place of business;

6908

~~(I)~~(9) Has less than twelve months prior to said application,	6909
been denied a license under this chapter.	6910

(B)(1) Except as otherwise provided in this division, the	6911
registrar of motor vehicles may grant, but is not required to	6912
grant, the application of any person for a license under this	6913
chapter if the registrar finds that the applicant has been	6914
convicted of or pleaded guilty to either of the following:	6915

(a) A misdemeanor that is not a crime of moral turpitude or a	6916
disqualifying offense less than a year prior to the person's	6917
initial application;	6918

(b) A felony that is not a crime of moral turpitude or a	6919
disqualifying offense less than three years prior to the person's	6920
application.	6921

(2) The provisions in division (B)(1) of this section do not	6922
apply with respect to any offense unless the registrar, prior to	6923
the effective date of this amendment, was required or authorized	6924
to deny the registration based on that offense.	6925

(3) In considering a renewal of an individual's license, the	6926
registrar shall not consider any conviction or plea of guilty	6927
prior to the initial licensing. However, the registrar may	6928
consider a conviction or plea of guilty if it occurred after the	6929
individual was initially licensed, or after the most recent	6930
license renewal.	6931

(C) The registrar may grant a person a conditional license	6932
that lasts for one year. After the one-year period has expired,	6933
the license is no longer considered conditional, and the person	6934
shall be considered fully licensed.	6935

(D) If the applicant is a corporation or partnership, the	6936
registrar may refuse to issue a license if any officer, director,	6937
or partner of the applicant has been guilty of any act or omission	6938
which would be cause for refusing or revoking a license issued to	6939
the officer, director, or partner as an individual. The	6940
registrar's finding may be based upon facts contained in the	6941
application or upon any other information which he may have.	6942
Immediately upon denying an application for any of the reasons in	6943
this section, the registrar shall enter a final order together	6944
with ~~his~~the registrar's findings and certify the same to the	6945
motor vehicle salvage dealer's licensing board.	6946

(E) If the registrar refuses an application for a license,	6947
the reasons for such refusal shall be put in writing. An applicant	6948
who has been refused a license may appeal from the action of the	6949
registrar to the motor vehicle salvage dealer's licensing board in	6950
the manner prescribed in section 4738.12 of the Revised Code.	6951

(F) The registrar of motor vehicles shall not adopt,	6952
maintain, renew, or enforce any rule, or otherwise preclude in any	6953
way, an individual from receiving or renewing a license under this	6954
chapter due to any past criminal activity or interpretation of	6955
moral character, except as pursuant to division (A)(4), (5), and	6956
(B) of this section. If the registrar denies an individual a	6957
license or license renewal, the reasons for such denial shall be	6958
put in writing.	6959

Sec. 4740.05. (A) Each section of the Ohio construction	6960
industry licensing board, other than the administrative section,	6961
shall do all of the following:	6962

(1) Adopt rules in accordance with Chapter 119. of the	6963
Revised Code that are limited to the following:	6964

(a) Criteria for the section to use in evaluating the	6965
qualifications of an individual;	6966

(b) Criteria for the section to use in deciding whether to	6967
authorize the administrative section to issue, renew, suspend,	6968
revoke, or refuse to issue or renew a license;	6969

(c) The determinations and approvals the section makes under	6970
the reciprocity provision of section 4740.08 of the Revised Code;	6971

(d) Criteria for continuing education courses conducted	6972
pursuant to this chapter;	6973

(e) A requirement that persons seeking approval to provide	6974
continuing education courses submit the required information to	6975
the appropriate section of the board at least thirty days, but not	6976
more than one year, prior to the date on which the course is	6977
proposed to be offered;	6978

(f) A prohibition against any person providing a continuing	6979
education course unless the administrative section of the board	6980
approved that person not more than one year prior to the date the	6981
course is offered;	6982

(g) A list of disqualifying offenses pursuant to sections	6983
4740.06, 4740.10, and 4776.10 of the Revised Code.	6984

(2) Investigate allegations in reference to violations of	6985
this chapter and the rules adopted pursuant to it that pertain to	6986
the section and determine by rule a procedure to conduct	6987
investigations and hearings on these allegations;	6988

(3) Maintain a record of its proceedings;

6989

(4) Grant approval to a person to offer continuing education	6990
courses pursuant to rules the board adopts;	6991

(5) As required, do all things necessary to carry out this	6992
chapter.	6993

(B) In accordance with rules they establish, the trade	6994
sections of the board shall authorize the administrative section	6995
to issue, renew, suspend, revoke, or refuse to issue or renew	6996
licenses for the classes of contractors for which each has primary	6997
responsibility as set forth in section 4740.02 of the Revised	6998
Code.	6999

(C) Each trade section of the board shall establish or	7000
approve a continuing education curriculum for license renewal for	7001
each class of contractors for which the section has primary	7002
responsibility. No curriculum may require more than five hours per	7003
year in specific course requirements. No contractor may be	7004
required to take more than ten hours per year in continuing	7005
education courses. The ten hours shall be the aggregate of hours	7006
of continuing education for all licenses the contractor holds.	7007

Sec. 4740.06. (A) Any individual who applies for a license	7008
shall file a written application with the appropriate section of	7009
the Ohio construction industry licensing board, accompanied with	7010
the application fee as determined pursuant to section 4740.09 of	7011
the Revised Code. The individual shall file the application not	7012
more than sixty days nor less than thirty days prior to the date	7013
of the examination. The application shall be on the form the	7014
section prescribes and verified by the applicant's oath. The	7015
applicant shall provide information satisfactory to the section	7016
showing that the applicant meets the requirements of division (B)	7017
of this section.	7018

(B) To qualify to take an examination, an individual shall:

7019

(1) Be at least eighteen years of age;

7020

(2) Be a United States citizen or legal alien who produces	7021
valid documentation to demonstrate the individual is a legal	7022
resident of the United States;	7023

(3) Either have been a tradesperson in the type of licensed	7024
trade for which the application is filed for not less than five	7025
years immediately prior to the date the application is filed, be a	7026
currently registered engineer in this state with three years of	7027
business experience in the construction industry in the trade for	7028
which the engineer is applying to take an examination, or have	7029
other experience acceptable to the appropriate section of the	7030
board;	7031

(4) Maintain contractor's liability insurance, including	7032
without limitation, complete operations coverage, in an amount the	7033
appropriate section of the board determines;	7034

(5) Not have done any of the following:

7035

(a) Been convicted of or pleaded guilty to a ~~misdemeanor~~	7036
~~involving~~crime of moral turpitude or ~~of any felony~~a	7037
disqualifying offense as those terms are defined in section	7038
4776.10 of the Revised Code;	7039

(b) Violated this chapter or any rule adopted pursuant to it;

7040

(c) Obtained or renewed a license issued pursuant to this	7041
chapter, or any order, ruling, or authorization of the board or a	7042
section of the board by fraud, misrepresentation, or deception;	7043

(d) Engaged in fraud, misrepresentation, or deception in the	7044
conduct of business.	7045

(C) When an applicant for licensure as a contractor in a	7046
licensed trade meets the qualifications set forth in division (B)	7047
of this section and passes the required examination, the	7048
appropriate section of the board, within ninety days after the	7049
application was filed, shall authorize the administrative section	7050
of the board to license the applicant for the type of contractor's	7051
license for which the applicant qualifies. A section of the board	7052
may withdraw its authorization to the administrative section for	7053
issuance of a license for good cause shown, on the condition that	7054
notice of that withdrawal is given prior to the administrative	7055
section's issuance of the license.	7056

(D) All licenses a contractor holds pursuant to this chapter	7057
shall expire annually on the same date, which shall be the	7058
expiration date of the original license the contractor holds. An	7059
individual holding a valid, unexpired license may renew the	7060
license, without reexamination, by submitting an application to	7061
the appropriate section of the board not more than ninety calendar	7062
days before the expiration of the license, along with the renewal	7063
fee the section requires and proof of compliance with the	7064
applicable continuing education requirements. The applicant shall	7065
provide information in the renewal application satisfactory to	7066
demonstrate to the appropriate section that the applicant	7067
continues to meet the requirements of division (B) of this	7068
section.	7069

Upon application and within one calendar year after a license	7070
has expired, a section may waive any of the requirements for	7071
renewal of a license upon finding that an applicant substantially	7072
meets the renewal requirements or that failure to timely apply for	7073
renewal is due to excusable neglect. A section that waives	7074
requirements for renewal of a license may impose conditions upon	7075
the licensee and assess a late filing fee of not more than double	7076
the usual renewal fee. An applicant shall satisfy any condition	7077
the section imposes before a license is reissued.	7078

(E) An individual holding a valid license may request the	7079
section of the board that authorized that license to place the	7080
license in inactive status under conditions, and for a period of	7081
time, as that section determines.	7082

(F) Except for the ninety-day extension provided for a	7083
license assigned to a business entity under division (D) of	7084
section 4740.07 of the Revised Code, a license held by an	7085
individual immediately terminates upon the death of the	7086
individual.	7087

(G) Nothing in any license issued by the Ohio construction	7088
industry licensing board shall be construed to limit or eliminate	7089
any requirement of or any license issued by the Ohio fire marshal.	7090

(H)(1) Subject to divisions (H)(2), (3), and (4) of this	7091
section, no trade section of the board shall adopt, maintain,	7092
renew, or enforce any rule, or otherwise preclude in any way, an	7093
individual from receiving or renewing a license under this chapter	7094
due to any past criminal activity or interpretation of moral	7095
character, except as pursuant to division (B)(5)(a) of this	7096
section. If the section denies an individual a license or license	7097
renewal, the reasons for such denial shall be put in writing.	7098

(2) Except as otherwise provided in this division, if an	7099
individual applying for a license has been convicted of or pleaded	7100
guilty to a misdemeanor that is not a crime of moral turpitude or	7101
a disqualifying offense less than one year prior to making the	7102
application, the section may use its discretion in granting or	7103
denying the individual a license. Except as otherwise provided in	7104
this division, if an individual applying for a license has been	7105
convicted of or pleaded guilty to a felony that is not a crime of	7106
moral turpitude or a disqualifying offense less than three years	7107
prior to making the application, the section may use its	7108
discretion in granting or denying the individual a license. The	7109
provisions in this paragraph do not apply with respect to any	7110
offense unless the section, prior to the effective date of this	7111
amendment, was required or authorized to deny the application	7112
based on that offense.	7113

In all other circumstances, the section shall follow the	7114
procedures it adopts by rule that conform to division (H)(1) of	7115
this section.	7116

(3) In considering a renewal of an individual's license, the	7117
section shall not consider any conviction or plea of guilty prior	7118
to the initial licensing. However, the board may consider a	7119
conviction or plea of guilty if it occurred after the individual	7120
was initially licensed, or after the most recent license renewal.	7121

(4) The section may grant an individual a conditional license	7122
that lasts for one year. After the one-year period has expired,	7123
the license is no longer considered conditional, and the	7124
individual shall be considered fully licensed.	7125

Sec. 4740.10. (A) The appropriate section of the Ohio	7126
construction industry licensing board, upon an affirmative vote of	7127
four of its members, may take any of the following actions against	7128
a licensee who violates Chapter 4740. of the Revised Code:	7129

(1) Impose a fine on the licensee, not exceeding one thousand	7130
dollars per violation per day;	7131

(2) Direct the administrative section to suspend the	7132
licensee's license for a period of time the section establishes;	7133

(3) Direct the administrative section to revoke the	7134
licensee's license;	7135

(4) Require the licensee to complete additional continuing	7136
education course work. Any continuing education course work	7137
completed pursuant to this division may not count toward any other	7138
continuing education requirements this chapter establishes.	7139

(5) Direct the administrative section to refuse to issue or	7140
renew a license if the section finds that the applicant or	7141
licensee has done any of the following:	7142

(a) Been convicted of a ~~misdemeanor involving~~crime of moral	7143
turpitude or a ~~felony~~disqualifying offense as those terms are	7144
defined in section 4776.10 of the Revised Code;	7145

(b) Violated any provision of this chapter or the rules	7146
adopted pursuant thereto;	7147

(c) Obtained a license or any order, ruling, or authorization	7148
of the board by fraud, misrepresentation, or deception;	7149

(d) Engaged in fraud, misrepresentation, or deception in the	7150
conduct of business.	7151

(B) The appropriate section of the board shall determine the	7152
length of time that a license is to be suspended and whether or	7153
when an individual whose license has been revoked may apply for	7154
reinstatement. The appropriate section of the board may accept or	7155
refuse an application for reinstatement and may require an	7156
examination for reinstatement.	7157

(C) The appropriate section of the board may investigate any	7158
alleged violation of this chapter or the rules adopted pursuant to	7159
it. If, after an investigation, a section determines that any	7160
person has engaged or is engaging in any practice that violates	7161
this chapter or the rules adopted pursuant to it, that section may	7162
apply to the court of common pleas of the county in which the	7163
violation occurred or is occurring for an injunction or other	7164
appropriate relief to enjoin or terminate the violation.	7165

(D) Any person who wishes to make a complaint against a	7166
person who holds a license shall submit the complaint in writing	7167
to the appropriate section of the board within three years after	7168
the date of the action or event upon which the complaint is based.	7169

Sec. 4747.04. The hearing aid dealers and fitters licensing	7170
board shall meet annually to elect a ~~chairman~~chairperson and a	7171
~~vice-chairman~~vice-chairperson, who shall act as ~~chairman~~	7172
chairperson in the absence of the ~~chairman~~chairperson. A majority	7173
of the board constitutes a quorum. The board shall meet when	7174
called by the ~~chairman~~chairperson. The board shall:	7175

(A) Adopt rules for the transaction of its business;

7176

(B) Design and prepare qualifying examinations for licensing	7177
of hearing aid dealers, fitters, and trainees;	7178

(C) Determine whether persons holding similar valid licenses	7179
from other states or jurisdictions shall be required to take and	7180
successfully pass the appropriate qualifying examination as a	7181
condition for licensing in this state;	7182

(D) Determine whether charges made against any licensee	7183
warrant a hearing before the board;	7184

(E) Hold hearings to determine the truth and circumstances of	7185
all charges filed in writing with the board against any licensee	7186
and determine whether any license held by any person shall be	7187
revoked, suspended, or reissued;	7188

(F) Determine and specify the length of time each license	7189
that is suspended or revoked shall remain suspended or revoked;	7190

(G) Advise and assist the department of health in all matters	7191
relating to this chapter;	7192

(H) Deposit all payments collected under this chapter into	7193
the general operations fund created under section 3701.83 of the	7194
Revised Code to be used in administering and enforcing this	7195
chapter;	7196

(I) Establish a list of disqualifying offenses for licensure	7197
as a hearing aid dealer or fitter, or for a hearing aid dealer or	7198
fitter trainee permit, pursuant to sections 4747.05, 4747.10,	7199
4747.12, and 4776.10 of the Revised Code.	7200

Nothing in this section shall be interpreted as granting to	7201
the hearing aid dealers and fitters licensing board the right to	7202
restrict advertising which is not false or misleading, or to	7203
prohibit or in any way restrict a hearing aid dealer or fitter	7204
from renting or leasing space from any person, firm or corporation	7205
in a mercantile establishment for the purpose of using such space	7206
for the lawful sale of hearing aids or to prohibit a mercantile	7207
establishment from selling hearing aids if the sale would be	7208
otherwise lawful under this chapter.	7209

Sec. 4747.05. (A) The hearing aid dealers and fitters	7210
licensing board shall issue to each applicant, within sixty days	7211
of receipt of a properly completed application and payment of two	7212
hundred sixty-two dollars, a hearing aid dealer's or fitter's	7213
license if the applicant, if an individual:	7214

(1) Is at least eighteen years of age;

7215

(2) ~~Is a person of good moral character~~Has not committed a	7216
disqualifying offense or a crime of moral turpitude, as those	7217
terms are defined in section 4776.10 of the Revised Code;	7218

(3) Is free of contagious or infectious disease;

7219

(4) Has successfully passed a qualifying examination	7220
specified and administered by the board.	7221

(B) If the applicant is a firm, partnership, association, or	7222
corporation, the application, in addition to such information as	7223
the board requires, shall be accompanied by an application for a	7224
license for each person, whether owner or employee, of the firm,	7225
partnership, association, or corporation, who engages in dealing	7226
in or fitting of hearing aids, or shall contain a statement that	7227
such applications are submitted separately. No firm, partnership,	7228
association, or corporation licensed pursuant to this chapter	7229
shall permit any unlicensed person to sell or fit hearing aids.	7230

(C)(1) Subject to divisions (C)(2), (3), and (4) of this	7231
section, the board shall not adopt, maintain, renew, or enforce	7232
any rule that precludes an individual from receiving or renewing a	7233
license issued under this chapter due to any past criminal	7234
activity or interpretation of moral character, unless the	7235
individual has committed a crime of moral turpitude or a	7236
disqualifying offense as those terms are defined in section	7237
4776.10 of the Revised Code. If the board denies an individual a	7238
license or license renewal, the reasons for such denial shall be	7239
put in writing.	7240

(2) Except as otherwise provided in this division, if an	7241
individual applying for a license has been convicted of or pleaded	7242
guilty to a misdemeanor that is not a crime of moral turpitude or	7243
a disqualifying offense less than one year prior to making the	7244
application, the board may use the board's discretion in granting	7245
or denying the individual a license. Except as otherwise provided	7246
in this division, if an individual applying for a license has been	7247
convicted of or pleaded guilty to a felony that is not a crime of	7248
moral turpitude or a disqualifying offense less than three years	7249
prior to making the application, the board may use the board's	7250
discretion in granting or denying the individual a license. The	7251
provisions in this paragraph do not apply with respect to any	7252
offense unless the board, prior to the effective date of this	7253
amendment, was required or authorized to deny the application	7254
based on that offense.	7255

In all other circumstances, the board shall follow the	7256
procedures it adopts by rule that conform to division (C)(1) of	7257
this section.	7258

(3) In considering a renewal of an individual's license, the	7259
board shall not consider any conviction or plea of guilty prior to	7260
the initial licensing. However, the board may consider a	7261
conviction or plea of guilty if it occurred after the individual	7262
was initially licensed, or after the most recent license renewal.	7263

(4) The board may grant an individual a conditional license	7264
that lasts for one year. After the one-year period has expired,	7265
the license is no longer considered conditional, and the	7266
individual shall be considered fully licensed.	7267

(D) Each license issued expires on the thirtieth day of	7268
January of the year following that in which it was issued.	7269

Sec. 4747.10. Each person currently engaged in training to	7270
become a licensed hearing aid dealer or fitter shall apply to the	7271
hearing aid dealers and fitters licensing board for a hearing aid	7272
dealer's and fitter's trainee permit. The board shall issue to	7273
each applicant within thirty days of receipt of a properly	7274
completed application and payment of one hundred fifty dollars, a	7275
trainee permit if such applicant ismeets all of the following	7276
criteria:	7277

(A) AtIs at least eighteen years of age;

7278

(B) ~~The~~Is the holder of a diploma from an accredited high	7279
school, or possesses an equivalent education;	7280

(C) ~~A person of good moral character~~Has not committed a	7281
disqualifying offense or a crime of moral turpitude, as those	7282
terms are defined in section 4776.10 of the Revised Code;	7283

(D) ~~Free~~Is free of contagious or infectious disease.

7284

Subject to the next paragraph, the board shall not deny a	7285
trainee permit issued under this section to any individual based	7286
on the individual's past criminal history or an interpretation of	7287
moral character unless the individual has committed a	7288
disqualifying offense or crime of moral turpitude as those terms	7289
are defined in section 4776.10 of the Revised Code. Except as	7290
otherwise provided in this paragraph, if an individual applying	7291
for a trainee permit has been convicted of or pleaded guilty to a	7292
misdemeanor that is not a crime of moral turpitude or a	7293
disqualifying offense less than one year prior to making the	7294
application, the board may use the board's discretion in granting	7295
or denying the individual a trainee permit. Except as otherwise	7296
provided in this paragraph, if an individual applying for a	7297
trainee permit has been convicted of or pleaded guilty to a felony	7298
that is not a crime of moral turpitude or a disqualifying offense	7299
less than three years prior to making the application, the board	7300
may use the board's discretion in granting or denying the	7301
individual a trainee permit. The provisions in this paragraph do	7302
not apply with respect to any offense unless the board, prior to	7303
the effective date of this amendment, was required or authorized	7304
to deny the application based on that offense.	7305

In all other circumstances not described in the preceding	7306
paragraph, the board shall follow the procedures it adopts by rule	7307
that conform to this section.	7308

In considering a renewal of an individual's trainee permit,	7309
the board shall not consider any conviction or plea of guilty	7310
prior to the issuance of the initial trainee permit. However, the	7311
board may consider a conviction or plea of guilty if it occurred	7312
after the individual was initially granted the trainee permit, or	7313
after the most recent trainee permit renewal. If the board denies	7314
an individual for a trainee permit or renewal, the reasons for	7315
such denial shall be put in writing. Additionally, the board may	7316
grant an individual a conditional trainee permit that lasts for	7317
one year. After the one-year period has expired, the permit is no	7318
longer considered conditional, and the individual shall be	7319
considered to be granted a full trainee permit.	7320

Each trainee permit issued by the board expires one year from	7321
the date it was first issued, and may be renewed once if the	7322
trainee has not successfully completed the qualifying requirements	7323
for licensing as a hearing aid dealer or fitter before the	7324
expiration date of such permit. The board shall issue a renewed	7325
permit to each applicant upon receipt of a properly completed	7326
application and payment of one hundred five dollars. No person	7327
holding a trainee permit shall engage in the practice of dealing	7328
in or fitting of hearing aids except while under supervision by a	7329
licensed hearing aid dealer or fitter.	7330

Sec. 4747.12. The hearing aid dealers and fitters licensing	7331
board may revoke or suspend a license or permit if the person who	7332
holds such license or permit:	7333

(A) Is convicted of a ~~felony~~disqualifying offense or a	7334
~~misdemeanor involving~~crime of moral turpitude as those terms are	7335
defined in section 4776.10 of the Revised Code. The record of	7336
conviction, or a copy thereof certified by the clerk of the court	7337
or by the judge in whose court the conviction occurs, is	7338
conclusive evidence of such conviction;	7339

(B) Procured a license or permit by fraud or deceit practiced	7340
upon the board;	7341

(C) Obtained any fee or made any sale of a hearing aid by	7342
fraud or misrepresentation;	7343

(D) Knowingly employed any person without a license or a	7344
person whose license was suspended or revoked to engage in the	7345
fitting or sale of hearing aids;	7346

(E) Used or caused or promoted the use of any advertising	7347
matter, promotional literature, testimonial, guarantee, warranty,	7348
label, brand, insignia, or any other representation, however	7349
disseminated or published, which is misleading, deceptive, or	7350
untruthful;	7351

(F) Advertised a particular model or type of hearing aid for	7352
sale when purchasers or prospective purchasers responding to the	7353
advertisement cannot purchase the specified model or type of	7354
hearing aid;	7355

(G) Represented or advertised that the service or advice of a	7356
person licensed to practice medicine will be used or made	7357
available in the selection, fitting, adjustment, maintenance, or	7358
repair of hearing aids when such is not true, or using the words	7359
"doctor," "clinic," or similar words, abbreviations, or symbols	7360
which connote the medical profession when such use is not	7361
accurate;	7362

(H) Is found by the board to be a person of habitual	7363
intemperance or gross immorality;	7364

(I) Advertised a manufacturer's product or used a	7365
manufacturer's name or trademark in a manner which suggested the	7366
existence of a relationship with the manufacturer which did not or	7367
does not exist;	7368

(J) Fitted or sold, or attempted to fit or sell, a hearing	7369
aid to a person without first utilizing the appropriate procedures	7370
and instruments required for proper fitting of hearing aids;	7371

(K) Engaged in the fitting and sale of hearing aids under a	7372
false name or an alias;	7373

(L) Engaged in the practice of dealing in or fitting of	7374
hearing aids while suffering from a contagious or infectious	7375
disease;	7376

(M) Was found by the board to be guilty of gross incompetence	7377
or negligence in the fitting or sale of hearing aids;	7378

(N) Permitted another person to use ~~his~~the licensee's	7379
license.	7380

Sec. 4749.03. (A)(1) Any individual, including a partner in	7381
a partnership, may be licensed as a private investigator under a	7382
class B license, or as a security guard provider under a class C	7383
license, or as a private investigator and a security guard	7384
provider under a class A license, if the individual meets all of	7385
the following requirements:	7386

(a) Has a good reputation for integrity, has not been	7387
convicted of a ~~felony~~disqualifying offense as defined in section	7388
4776.10 of the Revised Code within the last ~~twenty~~three years or	7389
any ~~offense involving~~crime of moral turpitude as that term is	7390
defined in section 4776.10 of the Revised Code, and has not been	7391
adjudicated incompetent for the purpose of holding the license, as	7392
provided in section 5122.301 of the Revised Code, without having	7393
been restored to legal capacity for that purpose.	7394

(b) Depending upon the class of license for which application	7395
is made, for a continuous period of at least two years immediately	7396
preceding application for a license, has been engaged in	7397
investigatory or security services work for a law enforcement or	7398
other public agency engaged in investigatory activities, or for a	7399
private investigator or security guard provider, or engaged in the	7400
practice of law, or has acquired equivalent experience as	7401
determined by rule of the director of public safety.	7402

(c) Demonstrates competency as a private investigator or	7403
security guard provider by passing an examination devised for this	7404
purpose by the director, except that any individually licensed	7405
person who qualifies a corporation for licensure shall not be	7406
required to be reexamined if the person qualifies the corporation	7407
in the same capacity that the person was individually licensed.	7408

(d) Submits evidence of comprehensive general liability	7409
insurance coverage, or other equivalent guarantee approved by the	7410
director in such form and in principal amounts satisfactory to the	7411
director, but not less than one hundred thousand dollars for each	7412
person and three hundred thousand dollars for each occurrence for	7413
bodily injury liability, and one hundred thousand dollars for	7414
property damage liability.	7415

(e) Pays the requisite examination and license fees.

7416

(2) A corporation may be licensed as a private investigator	7417
under a class B license, or as a security guard provider under a	7418
class C license, or as a private investigator and a security guard	7419
provider under a class A license, if an application for licensure	7420
is filed by an officer of the corporation and the officer, another	7421
officer, or the qualifying agent of the corporation satisfies the	7422
requirements of divisions (A)(1) and (F)(1) of this section.	7423
Officers and the statutory agent of a corporation shall be	7424
determined in accordance with Chapter 1701. of the Revised Code.	7425

(3) At least one partner in a partnership shall be licensed	7426
as a private investigator, or as a security guard provider, or as	7427
a private investigator and a security guard provider. Partners in	7428
a partnership shall be determined as provided for in Chapter 1775.	7429
or 1776. of the Revised Code.	7430

(B) An application for a class A, B, or C license shall be	7431
completed in the form the director prescribes. In the case of an	7432
individual, the application shall state the applicant's name,	7433
birth date, citizenship, physical description, current residence,	7434
residences for the preceding ten years, current employment,	7435
employment for the preceding seven years, experience	7436
qualifications, the location of each of the applicant's offices in	7437
this state, and any other information that is necessary in order	7438
for the director to comply with the requirements of this chapter.	7439
In the case of a corporation, the application shall state the name	7440
of the officer or qualifying agent filing the application; the	7441
state in which the corporation is incorporated and the date of	7442
incorporation; the states in which the corporation is authorized	7443
to transact business; the name of its qualifying agent; the name	7444
of the officer or qualifying agent of the corporation who	7445
satisfies the requirements of divisions (A)(1) and (F)(1) of this	7446
section and the birth date, citizenship, physical description,	7447
current residence, residences for the preceding ten years, current	7448
employment, employment for the preceding seven years, and	7449
experience qualifications of that officer or qualifying agent; and	7450
other information that the director requires. A corporation may	7451
specify in its application information relative to one or more	7452
individuals who satisfy the requirements of divisions (A)(1) and	7453
(F)(1) of this section.	7454

The application described in this division shall be	7455
accompanied by all of the following:	7456

(1) One recent full-face photograph of the applicant or, in	7457
the case of a corporation, of each officer or qualifying agent	7458
specified in the application as satisfying the requirements of	7459
divisions (A)(1) and (F)(1) of this section;	7460

(2) Character references from at least five reputable	7461
citizens for the applicant or, in the case of a corporation, for	7462
each officer or qualifying agent specified in the application as	7463
satisfying the requirements of divisions (A)(1) and (F)(1) of this	7464
section, each of whom has known the applicant, officer, or	7465
qualifying agent for at least five years preceding the	7466
application, and none of whom are connected with the applicant,	7467
officer, or qualifying agent by blood or marriage;	7468

(3) An examination fee of twenty-five dollars for the	7469
applicant or, in the case of a corporation, for each officer or	7470
qualifying agent specified in the application as satisfying the	7471
requirements of divisions (A)(1) and (F)(1) of this section, and a	7472
license fee in the amount the director determines, not to exceed	7473
three hundred seventy-five dollars. The license fee shall be	7474
refunded if a license is not issued.	7475

(C)(1) Each individual applying for a license and each	7476
individual specified by a corporation as an officer or qualifying	7477
agent in an application shall submit one complete set of	7478
fingerprints directly to the superintendent of the bureau of	7479
criminal identification and investigation for the purpose of	7480
conducting a criminal records check. The individual shall provide	7481
the fingerprints using a method the superintendent prescribes	7482
pursuant to division (C)(2) of section 109.572 of the Revised Code	7483
and fill out the form the superintendent prescribes pursuant to	7484
division (C)(1) of section 109.572 of the Revised Code. An	7485
applicant who intends to carry a firearm as defined in section	7486
2923.11 of the Revised Code in the course of business or	7487
employment shall so notify the superintendent. This notification	7488
is in addition to any other requirement related to carrying a	7489
firearm that applies to the applicant. The individual or	7490
corporation requesting the criminal records check shall pay the	7491
fee the superintendent prescribes.	7492

(2) The superintendent shall conduct the criminal records	7493
check as set forth in division (B) of section 109.572 of the	7494
Revised Code. If an applicant intends to carry a firearm in the	7495
course of business or employment, the superintendent shall make a	7496
request to the federal bureau of investigation for any information	7497
and review the information the bureau provides pursuant to	7498
division (B)(2) of section 109.572 of the Revised Code. The	7499
superintendent shall submit all results of the completed	7500
investigation to the director of public safety.	7501

(3) If the director determines that the applicant, officer,	7502
or qualifying agent meets the requirements of divisions (A)(1)(a),	7503
(b), and (d) of this section and that an officer or qualifying	7504
agent meets the requirement of division (F)(1) of this section,	7505
the director shall notify the applicant, officer, or agent of the	7506
time and place for the examination. If the director determines	7507
that an applicant does not meet the requirements of divisions	7508
(A)(1)(a), (b), and (d) of this section, the director shall notify	7509
the applicant that the applicant's application is refused and	7510
refund the license fee. If the director determines that none of	7511
the individuals specified in the application of a corporation as	7512
satisfying the requirements of divisions (A)(1) and (F)(1) of this	7513
section meet the requirements of divisions (A)(1)(a), (b), and (d)	7514
and (F)(1) of this section, the director shall notify the	7515
corporation that its application is refused and refund the license	7516
fee. If the bureau assesses the director a fee for any	7517
investigation, the director, in addition to any other fee assessed	7518
pursuant to this chapter, may assess the applicant, officer, or	7519
qualifying agent, as appropriate, a fee that is equal to the fee	7520
assessed by the bureau.	7521

(4)(a) Subject to divisions (C)(4)(b), (c), and (d) of this	7522
section, the director shall not adopt, maintain, renew, or enforce	7523
any rule, or otherwise preclude in any way, an individual from	7524
receiving or renewing a license under this chapter due to any past	7525
criminal activity or interpretation of moral character, except as	7526
pursuant to division (A)(1)(a) of this section. If the director	7527
denies an individual a license or license renewal, the reasons for	7528
such denial shall be put in writing.	7529

(b) Except as otherwise provided in this division, if an	7530
individual applying for a license has been convicted of or pleaded	7531
guilty to a misdemeanor that is not a crime of moral turpitude or	7532
a disqualifying offense less than one year prior to making the	7533
application, the director may use the director's discretion in	7534
granting or denying the individual a license. Except as otherwise	7535
provided in this division, if an individual applying for a license	7536
has been convicted of or pleaded guilty to a felony that is not a	7537
crime of moral turpitude or a disqualifying offense less than	7538
three years prior to making the application, the director may use	7539
the director's discretion in granting or denying the individual a	7540
license. The provisions in this paragraph do not apply with	7541
respect to any offense unless the director, prior to the effective	7542
date of this amendment, was required or authorized to deny the	7543
application based on that offense.	7544

In all other circumstances, the director shall follow the	7545
procedures the director adopts by rule that conform to division	7546
(C)(4)(a) of this section.	7547

(c) In considering a renewal of an individual's license, the	7548
director shall not consider any conviction or plea of guilty prior	7549
to the initial licensing. However, the director may consider a	7550
conviction or plea of guilty if it occurred after the individual	7551
was initially licensed, or after the most recent license renewal.	7552

(d) The director may grant an individual a conditional	7553
license that lasts for one year. After the one-year period has	7554
expired, the license is no longer considered conditional, and the	7555
individual shall be considered fully licensed.	7556

(D) If upon application, investigation, and examination, the	7557
director finds that the applicant or, in the case of a	7558
corporation, any officer or qualifying agent specified in the	7559
application as satisfying the requirements of divisions (A)(1) and	7560
(F)(1) of this section, meets the applicable requirements, the	7561
director shall issue the applicant or the corporation a class A,	7562
B, or C license. The director also shall issue an identification	7563
card to an applicant, but not an officer or qualifying agent of a	7564
corporation, who meets the applicable requirements. The license	7565
and identification card shall state the licensee's name, the	7566
classification of the license, the location of the licensee's	7567
principal place of business in this state, and the expiration date	7568
of the license, and, in the case of a corporation, it also shall	7569
state the name of each officer or qualifying agent who satisfied	7570
the requirements of divisions (A)(1) and (F)(1) of this section.	7571

Licenses expire on the first day of March following the date	7572
of initial issue, and on the first day of March of each year	7573
thereafter. Annual renewals shall be according to the standard	7574
renewal procedures contained in Chapter 4745. of the Revised Code,	7575
upon payment of an annual renewal fee the director determines, not	7576
to exceed two hundred seventy-five dollars. No license shall be	7577
renewed if the licensee or, in the case of a corporation, each	7578
officer or qualifying agent who qualified the corporation for	7579
licensure no longer meets the applicable requirements of this	7580
section. No license shall be renewed unless the licensee provides	7581
evidence of workers' compensation risk coverage and unemployment	7582
compensation insurance coverage, other than for clerical employees	7583
and excepting sole proprietors who are exempted therefrom, as	7584
provided for in Chapters 4123. and 4141. of the Revised Code,	7585
respectively, as well as the licensee's state tax identification	7586
number. No reexamination shall be required for renewal of a	7587
current license.	7588

For purposes of this chapter, a class A, B, or C license	7589
issued to a corporation shall be considered as also having	7590
licensed the individuals who qualified the corporation for	7591
licensure, for as long as they are associated with the	7592
corporation.	7593

For purposes of this division, "sole proprietor" means an	7594
individual licensed under this chapter who does not employ any	7595
other individual.	7596

(E) The director may issue a duplicate copy of a license	7597
issued under this section for the purpose of replacement of a	7598
lost, spoliated, or destroyed license, upon payment of a fee the	7599
director determines, not exceeding twenty-five dollars. Any change	7600
in license classification requires new application and application	7601
fees.	7602

(F)(1) In order to qualify a corporation for a class A, B, or	7603
C license, an officer or qualifying agent may qualify another	7604
corporation for similar licensure, provided that the officer or	7605
qualifying agent is actively engaged in the business of both	7606
corporations.	7607

(2) Each officer or qualifying agent who qualifies a	7608
corporation for class A, B, or C licensure shall surrender any	7609
personal license of a similar nature that the officer or	7610
qualifying agent possesses.	7611

(3) Upon written notification to the director, completion of	7612
an application similar to that for original licensure, surrender	7613
of the corporation's current license, and payment of a	7614
twenty-five-dollar fee, a corporation's class A, B, or C license	7615
may be transferred to another corporation.	7616

(4) Upon written notification to the director, completion of	7617
an application similar to that for an individual seeking class A,	7618
B, or C licensure, payment of a twenty-five-dollar fee, and, if	7619
the individual was the only individual that qualified a	7620
corporation for licensure, surrender of the corporation's license,	7621
any officer or qualifying agent who qualified a corporation for	7622
licensure under this chapter may obtain a similar license in the	7623
individual's own name without reexamination. A request by an	7624
officer or qualifying agent for an individual license shall not	7625
affect a corporation's license unless the individual is the only	7626
individual that qualified the corporation for licensure or all the	7627
other individuals who qualified the corporation for licensure	7628
submit such requests.	7629

(G) If a corporation is for any reason no longer associated	7630
with an individual who qualified it for licensure under this	7631
chapter, an officer of the corporation shall notify the director	7632
of that fact by certified mail, return receipt requested, within	7633
ten days after the association terminates. If the notification is	7634
so given, the individual was the only individual that qualified	7635
the corporation for licensure, and the corporation submits the	7636
name of another officer or qualifying agent to qualify the	7637
corporation for the license within thirty days after the	7638
association terminates, the corporation may continue to operate in	7639
the business of private investigation, the business of security	7640
services, or both businesses in this state under that license for	7641
ninety days after the association terminates. If the officer or	7642
qualifying agent whose name is submitted satisfies the	7643
requirements of divisions (A)(1) and (F)(1) of this section, the	7644
director shall issue a new license to the corporation within that	7645
ninety-day period. The names of more than one individual may be	7646
submitted.	7647

Sec. 4749.04. (A) The director of public safety may revoke,	7648
suspend, or refuse to renew, when a renewal form has been	7649
submitted, the license of any private investigator or security	7650
guard provider, or the registration of any employee of a private	7651
investigator or security guard provider, for any of the following:	7652

(1) Violation of any of the provisions of division (B) or (C)	7653
of section 4749.13 of the Revised Code;	7654

(2) Conviction of a ~~felony or~~disqualifying offense as	7655
defined in section 4776.10 of the Revised Code if the offense	7656
occurred within the last three years;	7657

(3) Conviction of a crime involving moral turpitude as	7658
defined in section 4776.10 of the Revised Code;	7659

(4) Conviction of an offense that occurred after the	7660
individual was initially licensed, or after the most recent	7661
renewal.	7662

~~(3)~~(5) Violation of any rule of the director governing	7663
private investigators, the business of private investigation,	7664
security guard providers, or the business of security services;	7665

~~(4)~~(6) Testifying falsely under oath, or suborning perjury,	7666
in any judicial proceeding;	7667

~~(5)~~(7) Failure to satisfy the requirements specified in	7668
division (D) of section 4749.03 of the Revised Code.	7669

Any person whose license or registration is revoked,	7670
suspended, or not renewed when a renewal form is submitted may	7671
appeal in accordance with Chapter 119. of the Revised Code.	7672

(B) In lieu of suspending, revoking, or refusing to renew the	7673
class A, B, or C license, or of suspending, revoking, or refusing	7674
to renew the registration of an employee of a class A, B, or C	7675
licensee, the director may impose a civil penalty of not more than	7676
one hundred dollars for each calendar day of a violation of any of	7677
the provisions of this section or of division (B) or (C) of	7678
section 4749.13 of the Revised Code or of a violation of any rule	7679
of the director governing private investigators, the business of	7680
private investigation, security guard providers, or the business	7681
of security services.	7682

Sec. 4749.06. (A) Each class A, B, or C licensee shall	7683
register the licensee's investigator or security guard employees,	7684
with the department of public safety, which shall maintain a	7685
record of each licensee and registered employee and make it	7686
available, upon request, to any law enforcement agency. The class	7687
A, B, or C licensee shall file an application to register a new	7688
employee no sooner than three days nor later than seven calendar	7689
days after the date on which the employee is hired.	7690

(B)(1) Each employee's registration application shall be	7691
accompanied by one recent photograph of the employee, the	7692
employee's physical description, and the registration fee the	7693
director determines, not to exceed forty dollars.	7694

(2) The employee shall submit one complete set of	7695
fingerprints directly to the superintendent of the bureau of	7696
criminal identification and investigation for the purpose of	7697
conducting a criminal records check. The employee shall provide	7698
the fingerprints using a method the superintendent prescribes	7699
pursuant to division (C)(2) of section 109.572 of the Revised Code	7700
and fill out the form the superintendent prescribes pursuant to	7701
division (C)(1) of section 109.572 of the Revised Code. An	7702
employee who intends to carry a firearm as defined in section	7703
2923.11 of the Revised Code in the course of business or	7704
employment shall so notify the superintendent. This notification	7705
is in addition to any other requirement related to carrying a	7706
firearm that applies to the employee. The individual or	7707
corporation requesting the criminal records check shall pay the	7708
fee the superintendent prescribes.	7709

The superintendent shall conduct the criminal records check	7710
as set forth in division (B) of section 109.572 of the Revised	7711
Code. If an employee intends to carry a firearm in the course of	7712
business or employment, pursuant to division (B)(2) of section	7713
109.572 of the Revised Code the superintendent shall make a	7714
request of the federal bureau of investigation for any information	7715
and review the information the bureau provides. The superintendent	7716
shall submit all results of the completed investigation to the	7717
director of public safety.	7718

(3) If, after investigation, the bureau finds that the	7719
employee has not been convicted of a ~~felony~~disqualifying offense	7720
as defined in section 4776.10 of the Revised Code within the last	7721
~~twenty~~three years, the director shall issue to the employee an	7722
identification card bearing the license number and signature of	7723
the licensee, which in the case of a corporation shall be the	7724
signature of its president or its qualifying agent, and containing	7725
the employee's name, address, age, physical description, and right	7726
thumb print or other identifying mark as the director prescribes,	7727
a recent photograph of the employee, and the employee's signature.	7728
The director may issue a duplicate of a lost, spoliated, or	7729
destroyed identification card issued under this section, upon	7730
payment of a fee fixed by the director, not exceeding five	7731
dollars.	7732

(C) Except as provided in division (E) of this section, no	7733
class A, B, or C licensee shall permit an employee, other than an	7734
individual who qualified a corporation for licensure, to engage in	7735
the business of private investigation, the business of security	7736
services, or both businesses until the employee receives an	7737
identification card from the department, except that pending the	7738
issuance of an identification card, a class A, B, or C licensee	7739
may offer for hire security guard or investigator employees	7740
provided the licensee obtains a waiver from the person who	7741
receives, for hire, security guard or investigative services,	7742
acknowledging that the person is aware the employees have not	7743
completed their registration and agreeing to their employment.	7744

(D) If a class A, B, or C licensee, or a registered employee	7745
of a class A, B, or C licensee, intends to carry a firearm, as	7746
defined in section 2923.11 of the Revised Code, in the course of	7747
engaging in the business or employment, the licensee or registered	7748
employee shall satisfactorily complete a firearms basic training	7749
program that includes twenty hours of handgun training and five	7750
hours of training in the use of other firearms, if any other	7751
firearm is to be used, or equivalency training, if authorized, or	7752
shall be a former peace officer who previously had successfully	7753
completed a firearms training course, shall receive a certificate	7754
of satisfactory completion of that program or written evidence of	7755
approval of the equivalency training, shall file an application	7756
for registration, shall receive a firearm-bearer notation on the	7757
licensee's or registered employee's identification card, and shall	7758
annually requalify on a firearms range, all as described in	7759
division (A) of section 4749.10 of the Revised Code. A private	7760
investigator, security guard provider, or employee is authorized	7761
to carry a firearm only in accordance with that division.	7762

(E) This section does not apply to commissioned peace	7763
officers, as defined in division (B) of section 2935.01 of the	7764
Revised Code, working for, either as an employee or independent	7765
contractor, a class A, B, or C licensee. For purposes of this	7766
chapter, a commissioned peace officer is an employee exempt from	7767
registration.	7768

(F) The registration of an investigator or security guard	7769
employee expires annually on the anniversary date of its initial	7770
issuance. Annual renewals shall be made pursuant to procedures the	7771
director establishes by rule and upon payment of a renewal fee the	7772
director determines, not to exceed thirty-five dollars. The	7773
director shall not renew the registration of any investigator or	7774
security guard employee who no longer meets the requirements of	7775
this section. No background check is required for annual renewal,	7776
but an investigator or security guard employee shall report any	7777
~~felony~~ conviction of a disqualifying offense to the employer and	7778
the director of public safety as a condition of continued	7779
registration.	7780

Sec. 4776.021. (A) As used in this section and section	7781
4776.04 of the Revised Code, "trainee license" means a license,	7782
certificate, registration, permit, card, or other authority that	7783
is issued or conferred by any agency described in division (B) of	7784
this section that authorizes the holder to engage as a trainee in	7785
a profession, occupation, or occupational activity, or to operate	7786
as a trainee certain specific equipment, machinery, or premises,	7787
over which the agency described in division (B) of this section	7788
has jurisdiction.	7789

(B) Except as provided in division (E) of this section, if	7790
any licensing agency issues trainee licenses, or if any agency	7791
that issues licenses under Chapter 3772., 4729., 4738., 4747., or	7792
4749. of the Revised Code issues trainee licenses, an applicant	7793
for a trainee license from the licensing agency or other specified	7794
agency, in addition to any other eligibility requirements for the	7795
license, shall submit a request to the bureau of criminal	7796
identification and investigation for a criminal records check of	7797
the applicant. Division (A) of section 4776.02 of the Revised Code	7798
applies with respect to a request required under this division.	7799

(C) Upon receipt of the completed form, the set of	7800
fingerprint impressions, and the fee provided for in division (B)	7801
of this section and division (A) of section 4776.02 of the Revised	7802
Code, the superintendent of the bureau of criminal identification	7803
and investigation shall conduct a criminal records check of the	7804
applicant under division (B) of section 109.572 of the Revised	7805
Code. Upon completion of the criminal records check, the	7806
superintendent shall report the results of the criminal records	7807
check and any information the federal bureau of investigation	7808
provides to the licensing agency or the agency that issues	7809
licenses under Chapter 3772., 4729., 4738., 4747., or 4749. of the	7810
Revised Code that was identified in the request for a criminal	7811
records check.	7812

(D) Except as provided in division (E) of this section, no	7813
licensing agency that issues trainee licenses, and no agency that	7814
issues licenses under Chapter 3772., 4729., 4738., 4747., or 4749.	7815
of the Revised Code and that issues trainee licenses shall issue a	7816
trainee license to an applicant if the licensing agency or other	7817
agency determines that the applicant would not be eligible for	7818
issuance of a license, certificate, registration, permit, card, or	7819
other authority to engage in the profession, occupation, or	7820
occupational activity for which the trainee license would apply,	7821
or for issuance of a license, certificate, registration, permit,	7822
card, or other authority to operate certain specific equipment,	7823
machinery, or premises with respect to which the trainee license	7824
would apply, whichever is applicable.	7825

(E) Divisions (B) to (D) of this section do not apply with	7826
respect to any person who is participating in an apprenticeship or	7827
training program operated by or under contract with the department	7828
of rehabilitation and correction.	7829

Sec. 4776.04. The results of any criminal records check	7830
conducted pursuant to a request made under this chapter and any	7831
report containing those results, including any information the	7832
federal bureau of investigation provides, are not public records	7833
for purposes of section 149.43 of the Revised Code and shall not	7834
be made available to any person or for any purpose other than as	7835
follows:	7836

(A) If the request for the criminal records check was	7837
submitted by an applicant for an initial license or restored	7838
license, as follows:	7839

(1) The superintendent of the bureau of criminal	7840
identification and investigation shall make the results available	7841
to the licensing agency for use in determining, under the agency's	7842
authorizing chapter of the Revised Code, whether the applicant who	7843
is the subject of the criminal records check should be granted a	7844
license under that chapter.	7845

(2) The licensing agency shall make the results available to	7846
the applicant who is the subject of the criminal records check.	7847

(B) If the request for the criminal records check was	7848
submitted by a person seeking to satisfy the criteria for being a	7849
qualified pharmacy technician that are specified in section	7850
4729.42 of the Revised Code or a person seeking to satisfy the	7851
requirements to be an employee of a pain management clinic as	7852
specified in section 4729.552 of the Revised Code, the	7853
superintendent of the bureau of criminal identification and	7854
investigation shall make the results available in accordance with	7855
the following:	7856

(1) The superintendent shall make the results of the criminal	7857
records check, including any information the federal bureau of	7858
investigation provides, available to the person who submitted the	7859
request and is the subject of the criminal records check.	7860

(2) The superintendent shall make the results of the portion	7861
of the criminal records check performed by the bureau of criminal	7862
identification and investigation under division (B)(1) of section	7863
109.572 of the Revised Code available to the employer or potential	7864
employer specified in the request of the person who submitted the	7865
request and shall send a letter of the type described in division	7866
(B)(2) of section 4776.02 of the Revised Code to that employer or	7867
potential employer regarding the information provided by the	7868
federal bureau of investigation that contains one of the types of	7869
statements described in that division.	7870

(C) If the request for the criminal records check was	7871
submitted by an applicant for a trainee license under section	7872
4776.021 of the Revised Code, as follows:	7873

(1) The superintendent of the bureau of criminal	7874
identification and investigation shall make the results available	7875
to the licensing agency or other agency identified in division (B)	7876
of section 4776.021 of the Revised Code for use in determining,	7877
under the agency's authorizing chapter of the Revised Code and	7878
division (D) of section 4776.021 of the Revised Code, whether the	7879
applicant who is the subject of the criminal records check should	7880
be granted a trainee license under that chapter and that division.	7881

(2) The licensing agency or other agency identified in	7882
division (B) of section 4776.021 of the Revised Code shall make	7883
the results available to the applicant who is the subject of the	7884
criminal records check.	7885

Sec. 4776.10. As used in Chapters 4713., 4738., 4740., 4747.,	7886
and 4749. and sections 4725.40 to 4725.59 of the Revised Code:	7887

(A) "Crime of moral turpitude" or "moral turpitude" means all	7888
of the following:	7889

(1) A violation of section 2903.01 or 2903.02 of the Revised	7890
Code;	7891

(2) A sexually oriented offense as defined in section 2950.01	7892
of the Revised Code;	7893

(3) An offense that is an offense of violence as defined in	7894
section 2901.01 of the Revised Code, if the offense is a felony of	7895
the first or second degree;	7896

(4) Complicity in committing an offense described in division	7897
(A)(1) of this section;	7898

(5) An attempt or conspiracy to commit or complicity in	7899
committing any offense described in division (A)(1), (2), (3), or	7900
(4) of this section if the attempt, conspiracy, or complicity is a	7901
felony of the first or second degree;	7902

(6) A violation of any former law of this state, any existing	7903
or former law applicable in a military court or in an Indian	7904
tribal court, or any existing or former law of any nation other	7905
than the United States that is or was substantially equivalent to	7906
any offense listed in division (A)(1), (2), (3), (4), or (5) of	7907
this section.	7908

(B) "Direct nexus" means that the nature of the offense for	7909
which the individual was convicted or to which the individual	7910
pleaded guilty has a direct bearing on the fitness or ability of	7911
the individual to perform one or more of the duties or	7912
responsibilities necessarily related to a particular occupation,	7913
profession, or trade.	7914

(C) "Disqualifying offense" means an offense that is a felony	7915
and that has a direct nexus to an individual's proposed or current	7916
field of licensure, certification, or employment.	7917

Sec. 5111.032. (A) As used in this section:

7918

(1) "Criminal records check" has the same meaning as in	7919
section 109.572 of the Revised Code.	7920

(2) "Department" includes a designee of the department of job	7921
and family services.	7922

(3) "Owner" means a person who has an ownership interest in a	7923
provider in an amount designated by the department of job and	7924
family services in rules adopted under this section.	7925

(4) "Provider" means a person, institution, or entity that	7926
has a provider agreement with the department of job and family	7927
services pursuant to Title XIX of the "Social Security Act," 49	7928
~~State~~Stat. 620 (1965), 42 U.S.C. 1396, as amended.	7929

(B)(1) Except as provided in division (B)(2) of this section,	7930
the department of job and family services may require that any	7931
provider, applicant to be a provider, employee or prospective	7932
employee of a provider, owner or prospective owner of a provider,	7933
officer or prospective officer of a provider, or board member or	7934
prospective board member of a provider submit to a criminal	7935
records check as a condition of obtaining a provider agreement,	7936
continuing to hold a provider agreement, being employed by a	7937
provider, having an ownership interest in a provider, or being an	7938
officer or board member of a provider. The department may	7939
designate the categories of persons who are subject to the	7940
criminal records check requirement. The department shall designate	7941
the times at which the criminal records checks must be conducted.	7942

(2) The section does not apply to providers, applicants to be	7943
providers, employees of a provider, or prospective employees of a	7944
provider who are subject to criminal records checks under section	7945
5111.033 or 5111.034 of the Revised Code.	7946

(C)(1) The department shall inform each provider or applicant	7947
to be a provider whether the provider or applicant is subject to a	7948
criminal records check requirement under division (B) of this	7949
section. For providers, the information shall be given at times	7950
designated in rules adopted under this section. For applicants to	7951
be providers, the information shall be given at the time of	7952
initial application. When the information is given, the department	7953
shall specify which of the provider's or applicant's employees or	7954
prospective employees, owners or prospective owners, officers or	7955
prospective officers, or board members or prospective board	7956
members are subject to the criminal records check requirement.	7957

(2) At times designated in rules adopted under this section,	7958
a provider that is subject to the criminal records check	7959
requirement shall inform each person specified by the department	7960
under division (C)(1) of this section that the person is required,	7961
as applicable, to submit to a criminal records check for final	7962
consideration for employment in a full-time, part-time, or	7963
temporary position; as a condition of continued employment; or as	7964
a condition of becoming or continuing to be an officer, board	7965
member or owner of a provider.	7966

(D)(1) If a provider or applicant to be a provider is subject	7967
to a criminal records check under this section, the department	7968
shall require the conduct of a criminal records check by the	7969
superintendent of the bureau of criminal identification and	7970
investigation. If a provider or applicant to be a provider for	7971
whom a criminal records check is required does not present proof	7972
of having been a resident of this state for the five-year period	7973
immediately prior to the date the criminal records check is	7974
requested or provide evidence that within that five-year period	7975
the superintendent has requested information about the individual	7976
from the federal bureau of investigation in a criminal records	7977
check, the department shall require the provider or applicant to	7978
request that the superintendent obtain information from the	7979
federal bureau of investigation as part of the criminal records	7980
check of the provider or applicant. Even if a provider or	7981
applicant for whom a criminal records check request is required	7982
presents proof of having been a resident of this state for the	7983
five-year period, the department may require that the provider or	7984
applicant request that the superintendent obtain information from	7985
the federal bureau of investigation and include it in the criminal	7986
records check of the provider or applicant.	7987

(2) A provider shall require the conduct of a criminal	7988
records check by the superintendent with respect to each of the	7989
persons specified by the department under division (C)(1) of this	7990
section. If the person for whom a criminal records check is	7991
required does not present proof of having been a resident of this	7992
state for the five-year period immediately prior to the date the	7993
criminal records check is requested or provide evidence that	7994
within that five-year period the superintendent of the bureau of	7995
criminal identification and investigation has requested	7996
information about the individual from the federal bureau of	7997
investigation in a criminal records check, the individual shall	7998
request that the superintendent obtain information from the	7999
federal bureau of investigation as part of the criminal records	8000
check of the individual. Even if an individual for whom a criminal	8001
records check request is required presents proof of having been a	8002
resident of this state for the five-year period, the department	8003
may require the provider to request that the superintendent obtain	8004
information from the federal bureau of investigation and include	8005
it in the criminal records check of the person.	8006

(E)(1) Criminal records checks required under this section	8007
for providers or applicants to be providers shall be obtained as	8008
follows:	8009

(a) The department shall provide each provider or applicant	8010
information about accessing and completing the form prescribed	8011
pursuant to division (C)(1) of section 109.572 of the Revised Code	8012
and the standard fingerprint impression sheet prescribed pursuant	8013
to division (C)(2) of that section.	8014

(b) The provider or applicant shall submit the required form	8015
and one complete set of fingerprint impressions directly to the	8016
superintendent for purposes of conducting the criminal records	8017
check using the applicable methods prescribed by division (C) of	8018
section 109.572 of the Revised Code. The applicant or provider	8019
shall pay all fees associated with obtaining the criminal records	8020
check.	8021

(c) The superintendent shall conduct the criminal records	8022
check in accordance with section 109.572 of the Revised Code. The	8023
provider or applicant shall instruct the superintendent to submit	8024
the report of the criminal records check directly to the director	8025
of job and family services.	8026

(2) Criminal records checks required under this section for	8027
persons specified by the department under division (C)(1) of this	8028
section shall be obtained as follows:	8029

(a) The provider shall give to each person subject to	8030
criminal records check requirement information about accessing and	8031
completing the form prescribed pursuant to division (C)(1) of	8032
section 109.572 of the Revised Code and the standard fingerprint	8033
impression sheet prescribed pursuant to division (C)(2) of that	8034
section.	8035

(b) The person shall submit the required form and one	8036
complete set of fingerprint impressions directly to the	8037
superintendent for purposes of conducting the criminal records	8038
check using the applicable methods prescribed by division (C) of	8039
section 109.572 of the Revised Code. The person shall pay all fees	8040
associated with obtaining the criminal records check.	8041

(c) The superintendent shall conduct the criminal records	8042
check in accordance with section 109.572 of the Revised Code. The	8043
person subject to the criminal records check shall instruct the	8044
superintendent to submit the report of the criminal records check	8045
directly to the provider. The department may require the provider	8046
to submit the report to the department.	8047

(F) If a provider or applicant to be a provider is given the	8048
information specified in division (E)(1)(a) of this section but	8049
fails to obtain a criminal records check, the department shall, as	8050
applicable, terminate the provider agreement or deny the	8051
application to be a provider.	8052

If a person is given the information specified in division	8053
(E)(2)(a) of this section but fails to obtain a criminal records	8054
check, the provider shall not, as applicable, permit the person to	8055
be an employee, owner, officer, or board member of the provider.	8056

(G) Except as provided in rules adopted under division (J) of	8057
this section, the department shall terminate the provider	8058
agreement of a provider or the department shall not issue a	8059
provider agreement to an applicant if the provider or applicant is	8060
subject to a criminal records check under this section and the	8061
provider or applicant has been convicted of, has pleaded guilty	8062
to, or has been found eligible for intervention in lieu of	8063
conviction for any of the following, regardless of the date of the	8064
conviction, the date of entry of the guilty plea, or the date the	8065
applicant or provider was found eligible for intervention in lieu	8066
of conviction:	8067

(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	8068
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	8069
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	8070
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	8071
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	8072
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	8073
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	8074
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	8075
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	8076
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	8077
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	8078
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	8079
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	8080
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	8081
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141,	8082
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code,	8083
felonious sexual penetration in violation of former section	8084
2907.12 of the Revised Code, a violation of section 2905.04 of the	8085
Revised Code as it existed prior to July 1, 1996, a violation of	8086
section 2919.23 of the Revised Code that would have been a	8087
violation of section 2905.04 of the Revised Code as it existed	8088
prior to July 1, 1996, had the violation been committed prior to	8089
that date;	8090

(2) A violation of an existing or former municipal ordinance	8091
or law of this state, any other state, or the United States that	8092
is substantially equivalent to any of the offenses listed in	8093
division (G)(1) of this section.	8094

(H)(1)(a) Except as provided in rules adopted under division	8095
(J) of this section and subject to division (H)(2) of this	8096
section, no provider shall permit a person to be an employee,	8097
owner, officer, or board member of the provider if the person is	8098
subject to a criminal records check under this section and the	8099
person has been convicted of, has pleaded guilty to, or has been	8100
found eligible for intervention in lieu of conviction for any of	8101
the offenses specified in division (G)(1) or (2) of this section.	8102

(b) No provider shall employ a person who has been excluded	8103
from participating in the medicaid program, the medicare program	8104
operated pursuant to Title XVIII of the "Social Security Act," or	8105
any other federal health care program.	8106

(2)(a) A provider may employ conditionally a person for whom	8107
a criminal records check is required under this section prior to	8108
obtaining the results of a criminal records check regarding the	8109
person, but only if the person submits a request for a criminal	8110
records check not later than five business days after the	8111
individual begins conditional employment.	8112

(b) A provider that employs a person conditionally under	8113
authority of division (H)(2)(a) of this section shall terminate	8114
the person's employment if the results of the criminal records	8115
check request are not obtained within the period ending sixty days	8116
after the date the request is made. Regardless of when the results	8117
of the criminal records check are obtained, if the results	8118
indicate that the individual has been convicted of, has pleaded	8119
guilty to, or has been found eligible for intervention in lieu of	8120
conviction for any of the offenses specified in division (G)(1) or	8121
(2) of this section, the provider shall terminate the person's	8122
employment unless the provider chooses to employ the individual	8123
pursuant to division (J) of this section.	8124

(I) The report of a criminal records check conducted pursuant	8125
to this section is not a public record for the purposes of section	8126
149.43 of the Revised Code and shall not be made available to any	8127
person other than the following:	8128

(1) The person who is the subject of the criminal records	8129
check or the person's representative;	8130

(2) The director of job and family services and the staff of	8131
the department in the administration of the medicaid program;	8132

(3) A court, hearing officer, or other necessary individual	8133
involved in a case dealing with the denial or termination of a	8134
provider agreement;	8135

(4) A court, hearing officer, or other necessary individual	8136
involved in a case dealing with a person's denial of employment,	8137
termination of employment, or employment or unemployment benefits.	8138

(J) The department may adopt rules in accordance with Chapter	8139
119. of the Revised Code to implement this section. The rules may	8140
specify circumstances under which the department may continue a	8141
provider agreement or issue a provider agreement to an applicant	8142
when the provider or applicant has been convicted of, has pleaded	8143
guilty to, or has been found eligible for intervention in lieu of	8144
conviction for any of the offenses specified in division (G)(1) or	8145
(2) of this section. The rules may also specify circumstances	8146
under which a provider may permit a person to be an employee,	8147
owner, officer, or board member of the provider, when the person	8148
has been convicted of, has pleaded guilty to, or has been found	8149
eligible for intervention in lieu of conviction for any of the	8150
offenses specified in division (G)(1) or (2) of this section.	8151

Sec. 5111.033. (A) As used in this section:

8152

(1) "Applicant" means a person who is under final	8153
consideration for employment or, after September 26, 2003, an	8154
existing employee with a waiver agency in a full-time, part-time,	8155
or temporary position that involves providing home and	8156
community-based waiver services to a person with disabilities.	8157
"Applicant" also means an existing employee with a waiver agency	8158
in a full-time, part-time, or temporary position that involves	8159
providing home and community-based waiver services to a person	8160
with disabilities after September 26, 2003.	8161

(2) "Criminal records check" has the same meaning as in	8162
section 109.572 of the Revised Code.	8163

(3) "Waiver agency" means a person or government entity that	8164
is not certified under the medicare program and is accredited by	8165
the community health accreditation program or the joint commission	8166
on accreditation of health care organizations or a company that	8167
provides home and community-based waiver services to persons with	8168
disabilities through department of job and family services	8169
administered home and community-based waiver programs.	8170

(4) "Home and community-based waiver services" means services	8171
furnished under the provision of 42 C.F.R. 441, subpart G, that	8172
permit individuals to live in a home setting rather than a nursing	8173
facility or hospital. Home and community-based waiver services are	8174
approved by the centers for medicare and medicaid for specific	8175
populations and are not otherwise available under the medicaid	8176
state plan.	8177

(B)(1) The chief administrator of a waiver agency shall	8178
require each applicant to request that the superintendent of the	8179
bureau of criminal identification and investigation conduct a	8180
criminal records check with respect to the applicant. If an	8181
applicant for whom a criminal records check request is required	8182
under this division does not present proof of having been a	8183
resident of this state for the five-year period immediately prior	8184
to the date the criminal records check is requested or provide	8185
evidence that within that five-year period the superintendent has	8186
requested information about the applicant from the federal bureau	8187
of investigation in a criminal records check, the chief	8188
administrator shall require the applicant to request that the	8189
superintendent obtain information from the federal bureau of	8190
investigation as part of the criminal records check of the	8191
applicant. Even if an applicant for whom a criminal records check	8192
request is required under this division presents proof of having	8193
been a resident of this state for the five-year period, the chief	8194
administrator may require the applicant to request that the	8195
superintendent include information from the federal bureau of	8196
investigation in the criminal records check.	8197

(2) The chief administrator shall provide the following to	8198
each applicant for whom a criminal records check request is	8199
required under division (B)(1) of this section:	8200

(a) Information about accessing, completing, and forwarding	8201
to the superintendent of the bureau of criminal identification and	8202
investigation the form prescribed pursuant to division (C)(1) of	8203
section 109.572 of the Revised Code and the standard fingerprint	8204
impression sheet prescribed pursuant to division (C)(2) of that	8205
section;	8206

(b) Written notification that the applicant is to instruct	8207
the superintendent to submit the completed report of the criminal	8208
records check directly to the chief administrator.	8209

(3) An applicant given information and notification under	8210
divisions (B)(2)(a) and (b) of this section who fails to access,	8211
complete, and forward to the superintendent the form or the	8212
standard fingerprint impression sheet, or who fails to instruct	8213
the superintendent to submit the completed report of the criminal	8214
records check directly to the chief administrator, shall not be	8215
employed in any position in a waiver agency for which a criminal	8216
records check is required by this section.	8217

(C)(1) Except as provided in rules adopted by the department	8218
of job and family services in accordance with division (F) of this	8219
section and subject to division (C)(2) of this section, no waiver	8220
agency shall employ a person in a position that involves providing	8221
home and community-based waiver services to persons with	8222
disabilities if the person has been convicted of, has pleaded	8223
guilty to, or has been found eligible for intervention in lieu of	8224
conviction for any of the following, regardless of the date of the	8225
conviction, the date of entry of the guilty plea, or the date the	8226
person was found eligible for intervention in lieu of conviction:	8227

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	8228
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	8229
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	8230
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	8231
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	8232
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	8233
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	8234
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	8235
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	8236
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	8237
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	8238
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	8239
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	8240
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	8241
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141,	8242
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code,	8243
felonious sexual penetration in violation of former section	8244
2907.12 of the Revised Code, a violation of section 2905.04 of the	8245
Revised Code as it existed prior to July 1, 1996, a violation of	8246
section 2919.23 of the Revised Code that would have been a	8247
violation of section 2905.04 of the Revised Code as it existed	8248
prior to July 1, 1996, had the violation been committed prior to	8249
that date;	8250

(b) A violation of an existing or former municipal ordinance	8251
or law of this state, any other state, or the United States that	8252
is substantially equivalent to any of the offenses listed in	8253
division (C)(1)(a) of this section.	8254

(2)(a) A waiver agency may employ conditionally an applicant	8255
for whom a criminal records check request is required under	8256
division (B) of this section prior to obtaining the results of a	8257
criminal records check regarding the individual, provided that the	8258
agency shall require the individual to request a criminal records	8259
check regarding the individual in accordance with division (B)(1)	8260
of this section not later than five business days after the	8261
individual begins conditional employment.	8262

(b) A waiver agency that employs an individual conditionally	8263
under authority of division (C)(2)(a) of this section shall	8264
terminate the individual's employment if the results of the	8265
criminal records check request under division (B) of this section,	8266
other than the results of any request for information from the	8267
federal bureau of investigation, are not obtained within the	8268
period ending sixty days after the date the request is made.	8269
Regardless of when the results of the criminal records check are	8270
obtained, if the results indicate that the individual has been	8271
convicted of, has pleaded guilty to, or has been found eligible	8272
for intervention in lieu of conviction for any of the offenses	8273
listed or described in division (C)(1) of this section, the agency	8274
shall terminate the individual's employment unless the agency	8275
chooses to employ the individual pursuant to division (F) of this	8276
section.	8277

(D)(1) The fee prescribed pursuant to division (C)(3) of	8278
section 109.572 of the Revised Code for each criminal records	8279
check conducted pursuant to a request made under division (B) of	8280
this section shall be paid to the bureau of criminal	8281
identification and investigation by the applicant or the waiver	8282
agency.	8283

(2) If a waiver agency pays the fee, it may charge the	8284
applicant a fee not exceeding the amount the agency pays under	8285
division (D)(1) of this section. An agency may collect a fee only	8286
if the agency notifies the person at the time of initial	8287
application for employment of the amount of the fee and that,	8288
unless the fee is paid, the person will not be considered for	8289
employment.	8290

(E) The report of any criminal records check conducted	8291
pursuant to a request made under this section is not a public	8292
record for the purposes of section 149.43 of the Revised Code and	8293
shall not be made available to any person other than the	8294
following:	8295

(1) The individual who is the subject of the criminal records	8296
check or the individual's representative;	8297

(2) The chief administrator of the agency requesting the	8298
criminal records check or the administrator's representative;	8299

(3) An administrator at the department;

8300

(4) A court, hearing officer, or other necessary individual	8301
involved in a case dealing with a denial of employment of the	8302
applicant or dealing with employment or unemployment benefits of	8303
the applicant.	8304

(F) The department shall adopt rules in accordance with	8305
Chapter 119. of the Revised Code to implement this section. The	8306
rules shall specify circumstances under which a waiver agency may	8307
employ a person who has been convicted of, has pleaded guilty to,	8308
or has been found eligible for intervention in lieu of conviction	8309
for an offense listed or described in division (C)(1) of this	8310
section.	8311

(G) The chief administrator of a waiver agency shall inform	8312
each person, at the time of initial application for a position	8313
that involves providing home and community-based waiver services	8314
to a person with a disability, that the person is required to	8315
provide a set of fingerprint impressions and that a criminal	8316
records check is required to be conducted if the person comes	8317
under final consideration for employment.	8318

(H)(1) A person who, on September 26, 2003, is an employee of	8319
a waiver agency in a full-time, part-time, or temporary position	8320
that involves providing home and community-based waiver services	8321
to a person with disabilities shall comply with this section	8322
within sixty days after September 26, 2003, unless division (H)(2)	8323
of this section applies.	8324

(2) This section shall not apply to a person to whom all of	8325
the following apply:	8326

(a) On September 26, 2003, the person is an employee of a	8327
waiver agency in a full-time, part-time, or temporary position	8328
that involves providing home and community-based waiver services	8329
to a person with disabilities.	8330

(b) The person previously had been the subject of a criminal	8331
background check relating to that position;	8332

(c) The person has been continuously employed in that	8333
position since that criminal background check had been conducted.	8334

Sec. 5111.034. (A) As used in this section:

8335

(1) "Anniversary date" means the later of the effective date	8336
of the provider agreement relating to the independent provider or	8337
sixty days after September 26, 2003.	8338

(2) "Criminal records check" has the same meaning as in	8339
section 109.572 of the Revised Code.	8340

(3) "Department" includes a designee of the department of job	8341
and family services.	8342

(4) "Independent provider" means a person who is submitting	8343
an application for a provider agreement or who has a provider	8344
agreement as an independent provider in a department of job and	8345
family services administered home and community-based services	8346
program providing home and community-based waiver services to	8347
consumers with disabilities.	8348

(5) "Home and community-based waiver services" has the same	8349
meaning as in section 5111.033 of the Revised Code.	8350

(B)(1) The department of job and family services shall inform	8351
each independent provider, at the time of initial application for	8352
a provider agreement that involves providing home and	8353
community-based waiver services to consumers with disabilities,	8354
that the independent provider is required to provide a set of	8355
fingerprint impressions and that a criminal records check is	8356
required to be conducted if the person is to become an independent	8357
provider in a department administered home and community-based	8358
waiver program.	8359

(2) Beginning on September 26, 2003, the department shall	8360
inform each enrolled medicaid independent provider on or before	8361
time of the anniversary date of the provider agreement that	8362
involves providing home and community-based waiver services to	8363
consumers with disabilities that the independent provider is	8364
required to provide a set of fingerprint impressions and that a	8365
criminal records check is required to be conducted.	8366

(C)(1) The department shall require the independent provider	8367
to complete a criminal records check prior to entering into a	8368
provider agreement with the independent provider and at least	8369
annually thereafter. If an independent provider for whom a	8370
criminal records check is required under this division does not	8371
present proof of having been a resident of this state for the	8372
five-year period immediately prior to the date the criminal	8373
records check is requested or provide evidence that within that	8374
five-year period the superintendent of the bureau of criminal	8375
identification and investigation has requested information about	8376
the independent provider from the federal bureau of investigation	8377
in a criminal records check, the department shall request that the	8378
independent provider obtain through the superintendent a criminal	8379
records request from the federal bureau of investigation as part	8380
of the criminal records check of the independent provider. Even if	8381
an independent provider for whom a criminal records check request	8382
is required under this division presents proof of having been a	8383
resident of this state for the five-year period, the department	8384
may request that the independent provider obtain information	8385
through the superintendent from the federal bureau of	8386
investigation in the criminal records check.	8387

(2) The department shall provide the following to each	8388
independent provider for whom a criminal records check request is	8389
required under division (C)(1) of this section:	8390

(a) Information about accessing, completing, and forwarding	8391
to the superintendent of the bureau of criminal identification and	8392
investigation the form prescribed pursuant to division (C)(1) of	8393
section 109.572 of the Revised Code and the standard fingerprint	8394
impression sheet prescribed pursuant to division (C)(2) of that	8395
section;	8396

(b) Written notification that the independent provider is to	8397
instruct the superintendent to submit the completed report of the	8398
criminal records check directly to the department.	8399

(3) An independent provider given information and	8400
notification under divisions (C)(2)(a) and (b) of this section who	8401
fails to access, complete, and forward to the superintendent the	8402
form or the standard fingerprint impression sheet, or who fails to	8403
instruct the superintendent to submit the completed report of the	8404
criminal records check directly to the department, shall not be	8405
approved as an independent provider.	8406

(D) Except as provided in rules adopted by the department in	8407
accordance with division (G) of this section, the department shall	8408
not issue a new provider agreement to, and shall terminate an	8409
existing provider agreement of, an independent provider if the	8410
person has been convicted of, has pleaded guilty to, or has been	8411
found eligible for intervention in lieu of conviction for any of	8412
the following, regardless of the date of the conviction, the date	8413
of entry of the guilty plea, or the date the person was found	8414
eligible for intervention in lieu of conviction:	8415

(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	8416
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	8417
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	8418
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	8419
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	8420
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	8421
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	8422
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	8423
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	8424
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	8425
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	8426
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	8427
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	8428
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	8429
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141,	8430
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code,	8431
felonious sexual penetration in violation of former section	8432
2907.12 of the Revised Code, a violation of section 2905.04 of the	8433
Revised Code as it existed prior to July 1, 1996, a violation of	8434
section 2919.23 of the Revised Code that would have been a	8435
violation of section 2905.04 of the Revised Code as it existed	8436
prior to July 1, 1996, had the violation been committed prior to	8437
that date;	8438

(2) A violation of an existing or former municipal ordinance	8439
or law of this state, any other state, or the United States that	8440
is substantially equivalent to any of the offenses listed in	8441
division (D)(1) of this section.	8442

(E) Each independent provider shall pay to the bureau of	8443
criminal identification and investigation the fee prescribed	8444
pursuant to division (C)(3) of section 109.572 of the Revised Code	8445
for each criminal records check conducted pursuant to a request	8446
made under division (C) of this section.	8447

(F) The report of any criminal records check conducted by the	8448
bureau of criminal identification and investigation in accordance	8449
with section 109.572 of the Revised Code and pursuant to a request	8450
made under division (C) of this section is not a public record for	8451
the purposes of section 149.43 of the Revised Code and shall not	8452
be made available to any person other than the following:	8453

(1) The person who is the subject of the criminal records	8454
check or the person's representative;	8455

(2) An administrator at the department or the administrator's	8456
representative;	8457

(3) A court, hearing officer, or other necessary individual	8458
involved in a case dealing with a denial or termination of a	8459
provider agreement related to the criminal records check.	8460

(G) The department shall adopt rules in accordance with	8461
Chapter 119. of the Revised Code to implement this section. The	8462
rules shall specify circumstances under which the department may	8463
either issue a provider agreement to an independent provider or	8464
allow an independent provider to maintain an existing provider	8465
agreement when the independent provider has been convicted of, has	8466
pleaded guilty to, or has been found eligible for intervention in	8467
lieu of conviction for an offense listed or described in division	8468
(D)(1) or (2) of this section.	8469

Sec. 5120.07. (A) There is hereby created the ex-offender	8470
reentry coalition consisting of the following ~~seventeen~~eighteen	8471
members or their designees:	8472

(1) The director of rehabilitation and correction;

8473

(2) The director of aging;

8474

(3) The director of alcohol and drug addiction services;

8475

(4) The director of development;

8476

(5) The superintendent of public instruction;

8477

(6) The director of health;

8478

(7) The director of job and family services;

8479

(8) The director of mental health;

8480

(9) The director of developmental disabilities;

8481

(10) The director of public safety;

8482

(11) The director of youth services;

8483

(12) The chancellor of the Ohio board of regents;

8484

(13) A representative or member of the governor's staff;

8485

(14) The director of the rehabilitation services commission;

8486

(15) The director of the department of commerce;

8487

(16) The executive director of a health care licensing board	8488
created under Title XLVII of the Revised Code, as appointed by the	8489
chairperson of the coalition;	8490

(17) The director of veterans services;

8491

(18) An ex-offender appointed by the director of	8492
rehabilitation and correction.	8493

(B) The members of the coalition shall serve without	8494
compensation. The director of rehabilitation and correction or the	8495
director's designee shall be the chairperson of the coalition.	8496

(C) In consultation with persons interested and involved in	8497
the reentry of ex-offenders into the community, including but not	8498
limited to, service providers, community-based organizations, and	8499
local governments, the coalition shall identify and examine social	8500
service barriers and other obstacles to the reentry of	8501
ex-offenders into the community. Not later than one year after	8502
April 7, 2009, and on or before the same date of each year	8503
thereafter, the coalition shall submit to the speaker of the house	8504
of representatives and the president of the senate a report,	8505
including recommendations for legislative action, the activities	8506
of the coalition, and the barriers affecting the successful	8507
reentry of ex-offenders into the community. The report shall	8508
analyze the effects of those barriers on ex-offenders and on their	8509
children and other family members in various areas, including but	8510
not limited to, the following:	8511

(1) Admission to public and other housing;

8512

(2) Child support obligations and procedures;

8513

(3) Parental incarceration and family reunification;

8514

(4) Social security benefits, veterans' benefits, food	8515
stamps, and other forms of public assistance;	8516

(5) Employment;

8517

(6) Education programs and financial assistance;

8518

(7) Substance abuse, mental health, and sex offender	8519
treatment programs and financial assistance;	8520

(8) Civic and political participation;

8521

(9) Other collateral consequences under the Revised Code or	8522
the Ohio administrative code law that may result from a criminal	8523
conviction.	8524

(D)(1) The report shall also include the following	8525
information:	8526

(a) Identification of state appropriations for reentry	8527
programs;	8528

(b) Identification of other funding sources for reentry	8529
programs that are not funded by the state;	8530

(2) The coalition shall gather information about reentry	8531
programs in a repository maintained and made available by the	8532
coalition. Where available, the information shall include the	8533
following:	8534

(a) The amount of funding received;

8535

(b) The number of program participants;

8536

(c) The composition of the program, including program goals,	8537
methods for measuring success, and program success rate;	8538

(d) The type of post-program tracking that is utilized;

8539

(e) Information about employment rates and recidivism rates	8540
of ex-offenders.	8541

(E) The coalition shall cease to exist on December 31, 2014.

8542

Sec. 5502.011. (A) As used in this section, "department of	8543
public safety" and "department" include all divisions within the	8544
department of public safety.	8545

(B) The director ~~of the department~~ of public safety is the	8546
chief executive and administrative officer of the department. The	8547
director may establish policies governing the department, the	8548
performance of its employees and officers, the conduct of its	8549
business, and the custody, use, and preservation of departmental	8550
records, papers, books, documents, and property. The director also	8551
may authorize and approve investigations to be conducted by any of	8552
the department's divisions. Whenever the Revised Code imposes a	8553
duty upon or requires an action of the department, the director	8554
may perform the action or duty in the name of the department or	8555
direct such performance to be performed by the director's	8556
designee.	8557

(C) In addition to any other duties enumerated in the Revised	8558
Code, the director or the director's designee shall do all of the	8559
following:	8560

(1) Administer and direct the performance of the duties of	8561
the department;	8562

(2) Pursuant to Chapter 119. of the Revised Code, approve,	8563
adopt, and prescribe such forms and rules as are necessary to	8564
carry out the duties of the department;	8565

(3) On behalf of the department and in addition to any	8566
authority the Revised Code otherwise grants to the department,	8567
have the authority and responsibility for approving and entering	8568
into contracts, agreements, and other business arrangements;	8569

(4) Make appointments for the department as needed to comply	8570
with requirements of the Revised Code;	8571

(5) Approve employment actions of the department, including	8572
appointments, promotions, discipline, investigations, and	8573
terminations;	8574

(6) Accept, hold, and use, for the benefit of the department,	8575
any gift, donation, bequest, or devise, and may agree to and	8576
perform all conditions of the gift, donation, bequest, or devise,	8577
that are not contrary to law;	8578

(7) Apply for, allocate, disburse, and account for grants	8579
made available under federal law or from other federal, state, or	8580
private sources;	8581

(8) Develop a list of disqualifying offenses for licensure as	8582
a private investigator or a security guard provider pursuant to	8583
sections 4749.03, 4749.04, 4749.10, and 4776.10 of the Revised	8584
Code;	8585

(9) Do all other acts necessary or desirable to carry out	8586
this chapter.	8587

(D)(1) The director of public safety may assess a reasonable	8588
fee, plus the amount of any charge or fee passed on from a	8589
financial institution, on a drawer or indorser for each of the	8590
following:	8591

(a) A check, draft, or money order that is returned or	8592
dishonored;	8593

(b) An automatic bank transfer that is declined, due to	8594
insufficient funds or for any other reason;	8595

(c) Any financial transaction device that is returned or	8596
dishonored for any reason.	8597

(2) The director shall deposit any fee collected under this	8598
division in an appropriate fund as determined by the director	8599
based on the tax, fee, or fine being paid.	8600

(3) As used in this division, "financial transaction device"	8601
has the same meaning as in section 113.40 of the Revised Code.	8602

(E) The director shall establish a homeland security advisory	8603
council to advise the director on homeland security, including	8604
homeland security funding efforts. The advisory council shall	8605
include, but not be limited to, state and local government	8606
officials who have homeland security or emergency management	8607
responsibilities and who represent first responders. The director	8608
shall appoint the members of the council, who shall serve without	8609
compensation.	8610

(F) The director of public safety shall adopt rules in	8611
accordance with Chapter 119. of the Revised Code as required by	8612
section 2909.28 of the Revised Code and division (A)(1) of section	8613
2909.32 of the Revised Code. The director shall adopt rules as	8614
required by division (D) of section 2909.32 of the Revised Code,	8615
division (E) of section 2909.33 of the Revised Code, and division	8616
(D) of section 2909.34 of the Revised Code. The director may adopt	8617
rules pursuant to division (A)(2) of section 2909.32 of the	8618
Revised Code, division (A)(2) of section 2909.33 of the Revised	8619
Code, and division (A)(2) of section 2909.34 of the Revised Code.	8620

Sec. 5743.99. (A)(1) Except as provided in division (A)(2)	8621
of this section, whoever violates section 5743.10, 5743.11, or	8622
5743.12 or division (C) of section 5743.54 of the Revised Code is	8623
guilty of a misdemeanor of the first degree. If the offender has	8624
been previously convicted of an offense under this division,	8625
violation is a felony of the fourth degree.	8626

(2) Unless the total number of cigarettes exceeds one	8627
thousand two hundred, an individual who violates section 5743.10	8628
of the Revised Code is guilty of a minor misdemeanor. If the	8629
offender has been previously convicted of an offense under this	8630
division, violation is a misdemeanor of the first degree.	8631

(B) Whoever violates section 5743.111, 5743.112, 5743.13,	8632
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a	8633
felony of the fourth degree. If the offender has been previously	8634
convicted of an offense under this division, violation is a felony	8635
of the second degree.	8636

(C) Whoever violates section 5743.41 or 5743.42 of the	8637
Revised Code is guilty of a misdemeanor of the fourth degree. If	8638
the offender has been previously convicted of an offense under	8639
this division, violation is a misdemeanor of the third degree.	8640

(D) Whoever violates section 5743.21 of the Revised Code is	8641
guilty of a misdemeanor of the first degree. If the offender has	8642
been previously convicted of an offense under this division,	8643
violation is a felony of the fifth degree.	8644

(E) Whoever violates division (F) of section 5743.03 of the	8645
Revised Code is guilty of a misdemeanor of the fourth degree.	8646

(F) Whoever violates any provision of this chapter, or any	8647
rule promulgated by the tax commissioner under authority of this	8648
chapter, for the violation of which no penalty is provided	8649
elsewhere, is guilty of a misdemeanor of the fourth degree.	8650

(G) In addition to any other penalty imposed upon a person	8651
convicted of a violation of section 5743.112 or 5743.60 of the	8652
Revised Code who was the operator of a motor vehicle used in the	8653
violation, the court ~~shall~~may suspend for not less than thirty	8654
days or more than three years the offender's driver's license,	8655
commercial driver's license, temporary instruction permit,	8656
probationary license, or nonresident operating privilege. ~~The~~If	8657
the court imposes such a suspension, the court shall send a copy	8658
of its suspension order and determination to the registrar of	8659
motor vehicles, and the registrar, pursuant to the order and	8660
determination, shall impose a suspension of the same duration. No	8661
judge shall suspend the first thirty days of suspension of an	8662
offender's license, permit, or privilege required by this	8663
division. The court, in lieu of suspending the offender's driver's	8664
or commercial driver's license or permit or nonresident operating	8665
privilege, instead may require the offender to perform community	8666
service for a number of hours determined by the court.	8667

Section 2. That existing sections 109.57, 109.572, 109.578,	8668
2151.356, 2152.02, 2152.18, 2152.26, 2705.031, 2907.24, 2913.02,	8669
2923.122, 2925.14, 2925.38, 2947.23, 2949.08, 2953.31, 2953.32,	8670
2953.34, 2953.36, 2967.191, 3119.01, 3119.05, 3123.58, 3772.10,	8671
4301.99, 4501.02, 4503.233, 4503.234, 4507.02, 4507.164, 4509.06,	8672
4509.101, 4510.10, 4510.11, 4510.111, 4510.16, 4510.161, 4510.17,	8673
4510.41, 4510.54, 4513.02, 4513.021, 4513.99, 4713.07, 4713.28,	8674
4725.44, 4725.48, 4725.52, 4725.53, 4738.04, 4738.07, 4740.05,	8675
4740.06, 4740.10, 4747.04, 4747.05, 4747.10, 4747.12, 4749.03,	8676
4749.04, 4749.06, 4776.04, 5111.032, 5111.033, 5111.034, 5120.07,	8677
5502.011, and 5743.99 of the Revised Code are hereby repealed.	8678

Section 3. The Department of Public Safety shall conduct a	8679
study on the advisability and feasibility of there being held in	8680
this state a one-time amnesty program for the payment of fees and	8681
fines owed by persons who have pleaded guilty to or been convicted	8682
of motor vehicle traffic and equipment offenses or have had their	8683
driver's license, commercial driver's license, or temporary	8684
instruction permit suspended for any reason by this state. The	8685
Department may confer with any public or private organization or	8686
entity that the Department determines could be of assistance to	8687
the Department in conducting the study. The Department shall study	8688
all aspects of such a program, including its scope, duration, the	8689
amounts or percentages of fees or fines persons would be permitted	8690
to pay under the program, and which persons would be eligible to	8691
participate in the program.	8692

Not later than six months after the effective date of this	8693
section, the Department shall issue a report containing the	8694
results of the study. The Department shall furnish copies of its	8695
report to the Governor, the Ohio Senate, and the Ohio House of	8696
Representatives.	8697

Section 4. The General Assembly, applying the principle	8698
stated in division (B) of section 1.52 of the Revised Code that	8699
amendments are to be harmonized if reasonably capable of	8700
simultaneous operation, finds that the following sections,	8701
presented in this act as composites of the sections as amended by	8702
the acts indicated, are the resulting versions of the sections in	8703
effect prior to the effective date of the sections as presented in	8704
this act:	8705

Section 149.43 of the Revised Code as amended by both Sub.	8706
H.B. 64 and Am. Sub. H.B. 153 of the 129th General Assembly.	8707

Section 4503.234 of the Revised Code as amended by both Sub.	8708
H.B. 241 and Am. Sub. H.B. 461 of the 126th General Assembly.	8709

Section 4507.164 of the Revised Code as amended by both Sub.	8710
H.B. 5 and Am. Sub. H.B. 153 of the 129th General Assembly.	8711

Section 5. The amendment of section 5120.07 of the Revised	8712
Code is not intended to supersede the earlier repeal, with delayed	8713
effective date, of that section.	8714