Section 1. That sections 117.091, 2329.66, 2901.02, 2929.18, | 29 |
2929.24, 2929.25, 2929.27, 2929.28, 2951.02, 4507.02, 4507.164, | 30 |
4507.35, 4510.036, 4510.037, 4510.11, 4510.12, 4510.14, 4510.16, | 31 |
4510.161, 4510.21, 4510.22, 4510.41, 4511.19, 4511.203, 4549.02, | 32 |
4549.021, and 4549.03 be amended and sections 2746.01, 2746.02, | 33 |
2746.03, 2746.04, 2746.05, 2746.06, 2746.07, 2746.08, 2746.09, and | 34 |
4510.111 of the Revised Code be enacted to read as follows: | 35 |
Sec. 117.091. For the purpose of discharging the duties of | 36 |
the auditor of state, the auditor of state may appoint any | 37 |
investigators that are necessary. The auditor of state shall not | 38 |
appoint a person as an investigator under this section unless the | 39 |
person holds a valid certificate from the Ohio peace officer | 40 |
training council. While engaged in the scope of the investigator's | 41 |
duties in enforcing this chapter, an investigator appointed under | 42 |
this section has all of the powers and authority of a peace | 43 |
officer under the laws of this state, except for the power and | 44 |
authority to carry a concealed weapon. | 45 |
(1)(a) In the case of a judgment or order regarding money | 49 |
owed for health care services rendered or health care supplies | 50 |
provided to the person or a dependent of the person, one parcel or | 51 |
item of real or personal property that the person or a dependent | 52 |
of the person uses as a residence. Division (A)(1)(a) of this | 53 |
section does not preclude, affect, or invalidate the creation | 54 |
under this chapter of a judgment lien upon the exempted property | 55 |
but only delays the enforcement of the lien until the property is | 56 |
sold or otherwise transferred by the owner or in accordance with | 57 |
other applicable laws to a person or entity other than the | 58 |
surviving spouse or surviving minor children of the judgment | 59 |
debtor. Every person who is domiciled in this state may hold | 60 |
exempt from a judgment lien created pursuant to division (A)(1)(a) | 61 |
of this section the person's interest, not to exceed twenty | 62 |
thousand two hundred dollars, in the exempted property. | 63 |
(3) The person's interest, not to exceed four hundred | 70 |
dollars, in cash on hand, money due and payable, money to become | 71 |
due within ninety days, tax refunds, and money on deposit with a | 72 |
bank, savings and loan association, credit union, public utility, | 73 |
landlord, or other person, other than personal earnings. | 74 |
(4)(a) The person's interest, not to exceed five hundred | 75 |
twenty-five dollars in any particular item or ten thousand seven | 76 |
hundred seventy-five dollars in aggregate value, in household | 77 |
furnishings, household goods, wearing apparel, appliances, books, | 78 |
animals, crops, musical instruments, firearms, and hunting and | 79 |
fishing equipment that are held primarily for the personal, | 80 |
family, or household use of the person; | 81 |
(10)(a) Except in cases in which the person was convicted of | 128 |
or pleaded guilty to a violation of section 2921.41 of the Revised | 129 |
Code and in which an order for the withholding of restitution from | 130 |
payments was issued under division (C)(2)(b) of that section, in | 131 |
cases in which an order for withholding was issued under section | 132 |
2907.15 of the Revised Code, in cases in which an order for | 133 |
forfeiture was issued under division (A) or (B) of section | 134 |
2929.192 of the Revised Code, and in cases in which an order was | 135 |
issued under 2929.193 of the Revised Code, and only to the extent | 136 |
provided in the order, and except as provided in sections | 137 |
3105.171, 3105.63, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 | 138 |
of the Revised Code, the person's right to a pension, benefit, | 139 |
annuity, retirement allowance, or accumulated contributions, the | 140 |
person's right to a participant account in any deferred | 141 |
compensation program offered by the Ohio public employees deferred | 142 |
compensation board, a government unit, or a municipal corporation, | 143 |
or the person's other accrued or accruing rights, as exempted by | 144 |
section 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or | 145 |
5505.22 of the Revised Code, and the person's right to benefits | 146 |
from the Ohio public safety officers death benefit fund; | 147 |
(b) Except as provided in sections 3119.80, 3119.81, 3121.02, | 148 |
3121.03, and 3123.06 of the Revised Code, the person's right to | 149 |
receive a payment under any pension, annuity, or similar plan or | 150 |
contract, not including a payment from a stock bonus or | 151 |
profit-sharing plan or a payment included in division (A)(6)(b) or | 152 |
(10)(a) of this section, on account of illness, disability, death, | 153 |
age, or length of service, to the extent reasonably necessary for | 154 |
the support of the person and any of the person's dependents, | 155 |
except if all the following apply: | 156 |
(c) Except for any portion of the assets that were deposited | 164 |
for the purpose of evading the payment of any debt and except as | 165 |
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 166 |
3123.06 of the Revised Code, the person's right in the assets held | 167 |
in, or to receive any payment under, any individual retirement | 168 |
account, individual retirement annuity, "Roth IRA," or education | 169 |
individual retirement account that provides benefits by reason of | 170 |
illness, disability, death, or age, to the extent that the assets, | 171 |
payments, or benefits described in division (A)(10)(c) of this | 172 |
section are attributable to any of the following: | 173 |
(iii) Contributions of the person that are within the | 185 |
applicable limits on rollover contributions under subsections 219, | 186 |
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B), | 187 |
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986," | 188 |
100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 189 |
(d) Except for any portion of the assets that were deposited | 190 |
for the purpose of evading the payment of any debt and except as | 191 |
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 192 |
3123.06 of the Revised Code, the person's right in the assets held | 193 |
in, or to receive any payment under, any Keogh or "H.R. 10" plan | 194 |
that provides benefits by reason of illness, disability, death, or | 195 |
age, to the extent reasonably necessary for the support of the | 196 |
person and any of the person's dependents. | 197 |
(c) Except in cases in which the person who receives the | 211 |
payment is an inmate, as defined in section 2969.21 of the Revised | 212 |
Code, and in which the payment resulted from a civil action or | 213 |
appeal against a government entity or employee, as defined in | 214 |
section 2969.21 of the Revised Code, a payment, not to exceed | 215 |
twenty thousand two hundred dollars, on account of personal bodily | 216 |
injury, not including pain and suffering or compensation for | 217 |
actual pecuniary loss, of the person or an individual for whom the | 218 |
person is a dependent; | 219 |
(a) If paid weekly, thirty times the current federal minimum | 228 |
hourly wage; if paid biweekly, sixty times the current federal | 229 |
minimum hourly wage; if paid semimonthly, sixty-five times the | 230 |
current federal minimum hourly wage; or if paid monthly, one | 231 |
hundred thirty times the current federal minimum hourly wage that | 232 |
is in effect at the time the earnings are payable, as prescribed | 233 |
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 234 |
U.S.C. 206(a)(1), as amended; | 235 |
(B) On April 1, 2010, and on the first day of April in each | 256 |
third calendar year after 2010, the Ohio judicial conference shall | 257 |
adjust each dollar amount set forth in this section shall be | 258 |
adjusted, when determining the amount that is exempt from | 259 |
execution, garnishment, attachment, or sale pursuant to this | 260 |
section, to reflect the change in the consumer price index for all | 261 |
urban consumers, as published by the United States department of | 262 |
labor, or, if that index is no longer published, a generally | 263 |
available comparable index, for the three-year period ending on | 264 |
the thirty-first day of December of the preceding year. Any | 265 |
adjustments required by this division shall be rounded to the | 266 |
nearest twenty-five dollars. | 267 |
The Ohio judicial conference shall prepare a memorandum | 268 |
specifying the adjusted dollar amounts. The judicial conference | 269 |
shall transmit the memorandum to the director of the legislative | 270 |
service commission, and the director shall publish the memorandum | 271 |
in the register of Ohio. (Publication of the memorandum in the | 272 |
register of Ohio shall continue until the next memorandum | 273 |
specifying an adjustment is so published.) The judicial conference | 274 |
also may publish the memorandum in any other manner it concludes | 275 |
will be reasonably likely to inform persons who are affected by | 276 |
its adjustment of the dollar amounts. | 277 |
(J) In a case in which a person is convicted of or pleads | 438 |
guilty to any offense other than a parking violation or in which a | 439 |
child is found to be a delinquent child or a juvenile traffic | 440 |
offender for an act that, if committed by an adult, would be an | 441 |
offense other than a parking violation, additional costs and bail, | 442 |
if applicable, as provided in sections 2743.70 and 2949.091 of the | 443 |
Revised Code, but subject to waiver as provided in section | 444 |
2949.092 of the Revised Code; | 445 |
(K) In a case in which a person is convicted of or pleads | 446 |
guilty to a moving violation or in which a child is found to be a | 447 |
juvenile traffic offender for an act which, if committed by an | 448 |
adult, would be a moving violation, additional costs and bail, if | 449 |
applicable, as provided in sections 2949.093 and 2949.094 of the | 450 |
Revised Code, but subject to waiver as provided in section | 451 |
2949.092 of the Revised Code; | 452 |
(B) Additional fees to computerize the court, make available | 523 |
computerized legal research services, computerize the office of | 524 |
the clerk of the court, provide financial assistance to legal aid | 525 |
societies, support the office of the state public defender, fund | 526 |
shelters for victims of domestic violence, and special projects of | 527 |
the court, as provided in section 2303.201 and, for a court that | 528 |
has a domestic relations division, section 2301.031 of the Revised | 529 |
Code; | 530 |
Sec. 2746.06. In addition to any applicable fees or costs | 591 |
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised | 592 |
Code or any other applicable provision of law, and subject to any | 593 |
waiver of fees for combat zone casualties under section 2101.164 | 594 |
of the Revised Code and any reduction of fees under section | 595 |
2101.20 of the Revised Code, a probate court shall tax as costs or | 596 |
otherwise require the payment of fees for the following services | 597 |
rendered or as compensation for the following persons or any other | 598 |
of the following fees that are applicable in a particular case: | 599 |
(A) Offenses include aggravated murder, murder, felonies of | 717 |
the first, second, third, fourth, and fifth degree, misdemeanors | 718 |
of the first, second, third, and fourth degree, minor | 719 |
misdemeanors, and offenses not specifically classified. | 720 |
Sec. 2929.18. (A) Except as otherwise provided in this | 746 |
division and in addition to imposing court costs pursuant to | 747 |
section 2947.23 of the Revised Code, the court imposing a sentence | 748 |
upon an offender for a felony may sentence the offender to any | 749 |
financial sanction or combination of financial sanctions | 750 |
authorized under this section or, in the circumstances specified | 751 |
in section 2929.32 of the Revised Code, may impose upon the | 752 |
offender a fine in accordance with that section. Financial | 753 |
sanctions that may be imposed pursuant to this section include, | 754 |
but are not limited to, the following: | 755 |
(1) Restitution by the offender to the victim of the | 756 |
offender's crime or any survivor of the victim, in an amount based | 757 |
on the victim's economic loss. If the court imposes restitution, | 758 |
the court shall order that the restitution be made to the victim | 759 |
in open court, to the adult probation department that serves the | 760 |
county on behalf of the victim, to the clerk of courts, or to | 761 |
another agency designated by the court. If the court imposes | 762 |
restitution, at sentencing, the court shall determine the amount | 763 |
of restitution to be made by the offender. If the court imposes | 764 |
restitution, the court may base the amount of restitution it | 765 |
orders on an amount recommended by the victim, the offender, a | 766 |
presentence investigation report, estimates or receipts indicating | 767 |
the cost of repairing or replacing property, and other | 768 |
information, provided that the amount the court orders as | 769 |
restitution shall not exceed the amount of the economic loss | 770 |
suffered by the victim as a direct and proximate result of the | 771 |
commission of the offense. If the court decides to impose | 772 |
restitution, the court shall hold a hearing on restitution if the | 773 |
offender, victim, or survivor disputes the amount. All restitution | 774 |
payments shall be credited against any recovery of economic loss | 775 |
in a civil action brought by the victim or any survivor of the | 776 |
victim against the offender. | 777 |
(2) Except as provided in division (B)(1), (3), or (4) of | 787 |
this section, a fine payable by the offender to the state, to a | 788 |
political subdivision, or as described in division (B)(2) of this | 789 |
section to one or more law enforcement agencies, with the amount | 790 |
of the fine based on a standard percentage of the offender's daily | 791 |
income over a period of time determined by the court and based | 792 |
upon the seriousness of the offense. A fine ordered under this | 793 |
division shall not exceed the maximum conventional fine amount | 794 |
authorized for the level of the offense under division (A)(3) of | 795 |
this section. | 796 |
(b) If the offender is sentenced to a sanction of confinement | 831 |
pursuant to section 2929.14 or 2929.16 of the Revised Code that is | 832 |
to be served in a facility operated by a board of county | 833 |
commissioners, a legislative authority of a municipal corporation, | 834 |
or another local governmental entity, if, pursuant to section | 835 |
307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56, | 836 |
or 2947.19 of the Revised Code and section 2929.37 of the Revised | 837 |
Code, the board, legislative authority, or other local | 838 |
governmental entity requires prisoners to reimburse the county, | 839 |
municipal corporation, or other entity for its expenses incurred | 840 |
by reason of the prisoner's confinement, and if the court does not | 841 |
impose a financial sanction under division (A)(5)(a)(ii) of this | 842 |
section, confinement costs may be assessed pursuant to section | 843 |
2929.37 of the Revised Code. In addition, the offender may be | 844 |
required to pay the fees specified in section 2929.38 of the | 845 |
Revised Code in accordance with that section. | 846 |
(B)(1) For a first, second, or third degree felony violation | 849 |
of any provision of Chapter 2925., 3719., or 4729. of the Revised | 850 |
Code, the sentencing court shall impose upon the offender a | 851 |
mandatory fine of at least one-half of, but not more than, the | 852 |
maximum statutory fine amount authorized for the level of the | 853 |
offense pursuant to division (A)(3) of this section. If an | 854 |
offender alleges in an affidavit filed with the court prior to | 855 |
sentencing that the offender is indigent and unable to pay the | 856 |
mandatory fine and if the court determines the offender is an | 857 |
indigent person and is unable to pay the mandatory fine described | 858 |
in this division, the court shall not impose the mandatory fine | 859 |
upon the offender. | 860 |
(4) Notwithstanding any fine otherwise authorized or required | 874 |
to be imposed under division (A)(2) or (3) or (B)(1) of this | 875 |
section or section 2929.31 of the Revised Code for a violation of | 876 |
section 2925.03 of the Revised Code, in addition to any penalty or | 877 |
sanction imposed for that offense under section 2925.03 or | 878 |
sections 2929.11 to 2929.18 of the Revised Code and in addition to | 879 |
the forfeiture of property in connection with the offense as | 880 |
prescribed in Chapter 2981. of the Revised Code, the court that | 881 |
sentences an offender for a violation of section 2925.03 of the | 882 |
Revised Code may impose upon the offender a fine in addition to | 883 |
any fine imposed under division (A)(2) or (3) of this section and | 884 |
in addition to any mandatory fine imposed under division (B)(1) of | 885 |
this section. The fine imposed under division (B)(4) of this | 886 |
section shall be used as provided in division (H) of section | 887 |
2925.03 of the Revised Code. A fine imposed under division (B)(4) | 888 |
of this section shall not exceed whichever of the following is | 889 |
applicable: | 890 |
(b) If the offender has no interest in any property of the | 897 |
type described in division (B)(4)(a) of this section or if it is | 898 |
not possible to ascertain whether the offender has an interest in | 899 |
any property of that type in which the offender may have an | 900 |
interest, the amount of the mandatory fine for the offense imposed | 901 |
under division (B)(1) of this section or, if no mandatory fine is | 902 |
imposed under division (B)(1) of this section, the amount of the | 903 |
fine authorized for the level of the offense imposed under | 904 |
division (A)(3) of this section. | 905 |
(5) Prior to imposing a fine under division (B)(4) of this | 906 |
section, the court shall determine whether the offender has an | 907 |
interest in any property of the type described in division | 908 |
(B)(4)(a) of this section. Except as provided in division (B)(6) | 909 |
or (7) of this section, a fine that is authorized and imposed | 910 |
under division (B)(4) of this section does not limit or affect the | 911 |
imposition of the penalties and sanctions for a violation of | 912 |
section 2925.03 of the Revised Code prescribed under those | 913 |
sections or sections 2929.11 to 2929.18 of the Revised Code and | 914 |
does not limit or affect a forfeiture of property in connection | 915 |
with the offense as prescribed in Chapter 2981. of the Revised | 916 |
Code. | 917 |
(6) If the sum total of a mandatory fine amount imposed for a | 918 |
first, second, or third degree felony violation of section 2925.03 | 919 |
of the Revised Code under division (B)(1) of this section plus the | 920 |
amount of any fine imposed under division (B)(4) of this section | 921 |
does not exceed the maximum statutory fine amount authorized for | 922 |
the level of the offense under division (A)(3) of this section or | 923 |
section 2929.31 of the Revised Code, the court may impose a fine | 924 |
for the offense in addition to the mandatory fine and the fine | 925 |
imposed under division (B)(4) of this section. The sum total of | 926 |
the amounts of the mandatory fine, the fine imposed under division | 927 |
(B)(4) of this section, and the additional fine imposed under | 928 |
division (B)(6) of this section shall not exceed the maximum | 929 |
statutory fine amount authorized for the level of the offense | 930 |
under division (A)(3) of this section or section 2929.31 of the | 931 |
Revised Code. The clerk of the court shall pay any fine that is | 932 |
imposed under division (B)(6) of this section to the county, | 933 |
township, municipal corporation, park district as created pursuant | 934 |
to section 511.18 or 1545.04 of the Revised Code, or state law | 935 |
enforcement agencies in this state that primarily were responsible | 936 |
for or involved in making the arrest of, and in prosecuting, the | 937 |
offender pursuant to division (F) of section 2925.03 of the | 938 |
Revised Code. | 939 |
(8)(a) If an offender who is convicted of or pleads guilty to | 948 |
a violation of section 2905.01, 2905.02, 2907.21, 2907.22, or | 949 |
2923.32, division (A)(1) or (2) of section 2907.323, or division | 950 |
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised | 951 |
Code also is convicted of or pleads guilty to a specification of | 952 |
the type described in section 2941.1422 of the Revised Code that | 953 |
charges that the offender knowingly committed the offense in | 954 |
furtherance of human trafficking, the sentencing court shall | 955 |
sentence the offender to a financial sanction of restitution by | 956 |
the offender to the victim or any survivor of the victim, with the | 957 |
restitution including the costs of housing, counseling, and | 958 |
medical and legal assistance incurred by the victim as a direct | 959 |
result of the offense and the greater of the following: | 960 |
(C)(1) The offender shall pay reimbursements imposed upon the | 975 |
offender pursuant to division (A)(5)(a) of this section to pay the | 976 |
costs incurred by the department of rehabilitation and correction | 977 |
in operating a prison or other facility used to confine offenders | 978 |
pursuant to sanctions imposed under section 2929.14, 2929.142, or | 979 |
2929.16 of the Revised Code to the treasurer of state. The | 980 |
treasurer of state shall deposit the reimbursements in the | 981 |
confinement cost reimbursement fund that is hereby created in the | 982 |
state treasury. The department of rehabilitation and correction | 983 |
shall use the amounts deposited in the fund to fund the operation | 984 |
of facilities used to confine offenders pursuant to sections | 985 |
2929.14, 2929.142, and 2929.16 of the Revised Code. | 986 |
(2) Except as provided in section 2951.021 of the Revised | 987 |
Code, the offender shall pay reimbursements imposed upon the | 988 |
offender pursuant to division (A)(5)(a) of this section to pay the | 989 |
costs incurred by a county pursuant to any sanction imposed under | 990 |
this section or section 2929.16 or 2929.17 of the Revised Code or | 991 |
in operating a facility used to confine offenders pursuant to a | 992 |
sanction imposed under section 2929.16 of the Revised Code to the | 993 |
county treasurer. The county treasurer shall deposit the | 994 |
reimbursements in the sanction cost reimbursement fund that each | 995 |
board of county commissioners shall create in its county treasury. | 996 |
The county shall use the amounts deposited in the fund to pay the | 997 |
costs incurred by the county pursuant to any sanction imposed | 998 |
under this section or section 2929.16 or 2929.17 of the Revised | 999 |
Code or in operating a facility used to confine offenders pursuant | 1000 |
to a sanction imposed under section 2929.16 of the Revised Code. | 1001 |
(3) Except as provided in section 2951.021 of the Revised | 1002 |
Code, the offender shall pay reimbursements imposed upon the | 1003 |
offender pursuant to division (A)(5)(a) of this section to pay the | 1004 |
costs incurred by a municipal corporation pursuant to any sanction | 1005 |
imposed under this section or section 2929.16 or 2929.17 of the | 1006 |
Revised Code or in operating a facility used to confine offenders | 1007 |
pursuant to a sanction imposed under section 2929.16 of the | 1008 |
Revised Code to the treasurer of the municipal corporation. The | 1009 |
treasurer shall deposit the reimbursements in a special fund that | 1010 |
shall be established in the treasury of each municipal | 1011 |
corporation. The municipal corporation shall use the amounts | 1012 |
deposited in the fund to pay the costs incurred by the municipal | 1013 |
corporation pursuant to any sanction imposed under this section or | 1014 |
section 2929.16 or 2929.17 of the Revised Code or in operating a | 1015 |
facility used to confine offenders pursuant to a sanction imposed | 1016 |
under section 2929.16 of the Revised Code. | 1017 |
(D) Except as otherwise provided in this division, a | 1023 |
financial sanction imposed pursuant to division (A) or (B) of this | 1024 |
section is a judgment in favor of the state or a political | 1025 |
subdivision in which the court that imposed the financial sanction | 1026 |
is located, and the offender subject to the financial sanction is | 1027 |
the judgment debtor. A financial sanction of reimbursement imposed | 1028 |
pursuant to division (A)(5)(a)(ii) of this section upon an | 1029 |
offender who is incarcerated in a state facility or a municipal | 1030 |
jail is a judgment in favor of the state or the municipal | 1031 |
corporation, and the offender subject to the financial sanction is | 1032 |
the judgment debtor. A financial sanction of reimbursement imposed | 1033 |
upon an offender pursuant to this section for costs incurred by a | 1034 |
private provider of sanctions is a judgment in favor of the | 1035 |
private provider, and the offender subject to the financial | 1036 |
sanction is the judgment debtor. A financial sanction of | 1037 |
restitution imposed pursuant to division (A)(1) or (B)(8) of this | 1038 |
section is an order in favor of the victim of the offender's | 1039 |
criminal act that can be collected through a certificate of | 1040 |
judgment as described in division (D)(1) of this section, through | 1041 |
execution as described in division (D)(1)(2) of this section, or | 1042 |
through an order as described in division (D)(2)(3) of this | 1043 |
section, and the offender shall be considered for purposes of the | 1044 |
collection as the judgment debtor. Imposition of a financial | 1045 |
sanction and execution on the judgment does not preclude any other | 1046 |
power of the court to impose or enforce sanctions on the offender. | 1047 |
Once the financial sanction is imposed as a judgment or order | 1048 |
under this division, the victim, private provider, state, or | 1049 |
political subdivision may
bring an action to do any of the | 1050 |
following: | 1051 |
(F) Each court imposing a financial sanction upon an offender | 1081 |
under this section or under section 2929.32 of the Revised Code | 1082 |
may designate the clerk of the court or another person to collect | 1083 |
the financial sanction. The clerk or other person authorized by | 1084 |
law or the court to collect the financial sanction may enter into | 1085 |
contracts with one or more public agencies or private vendors for | 1086 |
the collection of, amounts due under the financial sanction | 1087 |
imposed pursuant to this section or section 2929.32 of the Revised | 1088 |
Code. Before entering into a contract for the collection of | 1089 |
amounts due from an offender pursuant to any financial sanction | 1090 |
imposed pursuant to this section or section 2929.32 of the Revised | 1091 |
Code, a court shall comply with sections 307.86 to 307.92 of the | 1092 |
Revised Code. | 1093 |
(2)(a) If a prosecutor, as defined in section 2935.01 of the | 1126 |
Revised Code, has filed a notice with the court that the | 1127 |
prosecutor wants to be notified about a particular case and if the | 1128 |
court is considering modifying the jail sentence of the offender | 1129 |
in that case, the court shall notify the prosecutor that the court | 1130 |
is considering modifying the jail sentence of the offender in that | 1131 |
case. The prosecutor may request a hearing regarding the court's | 1132 |
consideration of modifying the jail sentence of the offender in | 1133 |
that case, and, if the prosecutor requests a hearing, the court | 1134 |
shall notify the eligible offender of the hearing. | 1135 |
(C) If a court sentences an offender to a jail term under | 1141 |
this section and the court assigns the offender to a county jail | 1142 |
that has established a county jail industry program pursuant to | 1143 |
section 5147.30 of the Revised Code, the court shall specify, as | 1144 |
part of the sentence, whether the offender may be considered for | 1145 |
participation in the program. During the offender's term in the | 1146 |
county jail, the court retains jurisdiction to modify its | 1147 |
specification regarding the offender's participation in the county | 1148 |
jail industry program. | 1149 |
(D) If a person is sentenced to a jail term pursuant to this | 1150 |
section, the court may impose as part of the sentence pursuant to | 1151 |
section 2929.28 of the Revised Code a reimbursement sanction, and, | 1152 |
if the local detention facility in which the term is to be served | 1153 |
is covered by a policy adopted pursuant to section 307.93, 341.14, | 1154 |
341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or | 1155 |
2947.19 of the Revised Code and section 2929.37 of the Revised | 1156 |
Code, both of the following apply: | 1157 |
(E) If an offender who is convicted of or pleads guilty to a | 1172 |
violation of division (B) of section 4511.19 of the Revised Code | 1173 |
also is convicted of or also pleads guilty to a specification of | 1174 |
the type described in section 2941.1416 of the Revised Code and if | 1175 |
the court imposes a jail term on the offender for the underlying | 1176 |
offense, the court shall impose upon the offender an additional | 1177 |
definite jail term of not more than six months. The additional | 1178 |
jail term shall not be reduced pursuant to any provision of the | 1179 |
Revised Code. The offender shall serve the additional jail term | 1180 |
consecutively to and prior to the jail term imposed for the | 1181 |
underlying offense and consecutively to any other mandatory term | 1182 |
imposed in relation to the offense. | 1183 |
(b) If the offender previously has been convicted of or | 1193 |
pleaded guilty to one or more misdemeanor or felony violations of | 1194 |
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the | 1195 |
Revised Code and also was convicted of or pleaded guilty to a | 1196 |
specification of the type described in section 2941.1421 of the | 1197 |
Revised Code regarding one or more of those violations, an | 1198 |
additional definite jail term of not more than one hundred twenty | 1199 |
days. | 1200 |
(2) In lieu of imposing an additional definite jail term | 1201 |
under division (F)(1) of this section, the court may directly | 1202 |
impose on the offender a sanction that requires the offender to | 1203 |
wear a real-time processing, continual tracking electronic | 1204 |
monitoring device during the period of time specified by the | 1205 |
court. The period of time specified by the court shall equal the | 1206 |
duration of an additional jail term that the court could have | 1207 |
imposed upon the offender under division (F)(1) of this section. A | 1208 |
sanction imposed under this division shall commence on the date | 1209 |
specified by the court, provided that the sanction shall not | 1210 |
commence until after the offender has served the jail term imposed | 1211 |
for the misdemeanor violation of section 2907.23, 2907.24, | 1212 |
2907.241, or 2907.25 of the Revised Code and any residential | 1213 |
sanction imposed for the violation under section 2929.26 of the | 1214 |
Revised Code. A sanction imposed under this division shall be | 1215 |
considered to be a community control sanction for purposes of | 1216 |
section 2929.25 of the Revised Code, and all provisions of the | 1217 |
Revised Code that pertain to community control sanctions shall | 1218 |
apply to a sanction imposed under this division, except to the | 1219 |
extent that they would by their nature be clearly inapplicable. | 1220 |
The offender shall pay all costs associated with a sanction | 1221 |
imposed under this division, including the cost of the use of the | 1222 |
monitoring device. | 1223 |
(H) If a court sentences an offender to a jail term under | 1232 |
this section, the sentencing court retains jurisdiction over the | 1233 |
offender and the jail term. Upon motion of either party or upon | 1234 |
the court's own motion, the court, in the court's sole discretion | 1235 |
and as the circumstances warrant, may substitute one or more | 1236 |
community control sanctions under section 2929.26 or 2929.27 of | 1237 |
the Revised Code for any jail days that are not mandatory jail | 1238 |
days. | 1239 |
(B) If a court sentences an offender to any community control | 1280 |
sanction or combination of community control sanctions pursuant to | 1281 |
division (A)(1)(a) of this section, the sentencing court retains | 1282 |
jurisdiction over the offender and the period of community control | 1283 |
for the duration of the period of community control. Upon the | 1284 |
motion of either party or on the court's own motion, the court, in | 1285 |
the court's sole discretion and as the circumstances warrant, may | 1286 |
modify the community control sanctions or conditions of release | 1287 |
previously imposed, substitute a community control sanction or | 1288 |
condition of release for another community control sanction or | 1289 |
condition of release previously imposed, or impose an additional | 1290 |
community control sanction or condition of release. | 1291 |
(C)(1) If a court sentences an offender to any community | 1292 |
control sanction or combination of community control sanctions | 1293 |
authorized under section 2929.26, 2929.27, or 2929.28 of the | 1294 |
Revised Code, the court shall place the offender under the general | 1295 |
control and supervision of the court or of a department of | 1296 |
probation in the jurisdiction that serves the court for purposes | 1297 |
of reporting to the court a violation of any of the conditions of | 1298 |
the sanctions imposed. If the offender resides in another | 1299 |
jurisdiction and a department of probation has been established to | 1300 |
serve the municipal court or county court in that jurisdiction, | 1301 |
the sentencing court may request the municipal court or the county | 1302 |
court to receive the offender into the general control and | 1303 |
supervision of that department of probation for purposes of | 1304 |
reporting to the sentencing court a violation of any of the | 1305 |
conditions of the sanctions imposed. The sentencing court retains | 1306 |
jurisdiction over any offender whom it sentences for the duration | 1307 |
of the sanction or sanctions imposed. | 1308 |
(2) The sentencing court shall require as a condition of any | 1309 |
community control sanction that the offender abide by the law and | 1310 |
not leave the state without the permission of the court or the | 1311 |
offender's probation officer. In the interests of doing justice, | 1312 |
rehabilitating the offender, and ensuring the offender's good | 1313 |
behavior, the court may impose additional requirements on the | 1314 |
offender. The offender's compliance with the additional | 1315 |
requirements also shall be a condition of the community control | 1316 |
sanction imposed upon the offender. | 1317 |
(C)(D)(1) If the court imposing sentence upon an offender | 1318 |
sentences the offender to any community control sanction or | 1319 |
combination of community control sanctions authorized under | 1320 |
section 2929.26, 2929.27, or 2929.28 of the Revised Code, and if | 1321 |
the offender violates any of the conditions of the sanctions, the | 1322 |
public or private person or entity that supervises or administers | 1323 |
the program or activity that comprises the sanction shall report | 1324 |
the violation directly to the sentencing court or to the | 1325 |
department of probation or probation officer with general control | 1326 |
and supervision over the offender. If the public or private person | 1327 |
or entity reports the violation to the department of probation or | 1328 |
probation officer, the department or officer shall report the | 1329 |
violation to the sentencing court. | 1330 |
(3) If the court imposes a jail term upon a violator pursuant | 1341 |
to division (C)(D)(2) of this section, the total time spent in | 1342 |
jail for the misdemeanor offense and the violation of a condition | 1343 |
of the community control sanction shall not exceed the maximum | 1344 |
jail term available for the offense for which the sanction that | 1345 |
was violated was imposed. The court may reduce the longer period | 1346 |
of time that the violator is required to spend under the longer | 1347 |
sanction or the more restrictive sanction imposed under division | 1348 |
(C)(D)(2) of this section by all or part of the time the violator | 1349 |
successfully spent under the sanction that was initially imposed. | 1350 |
(D)(E) Except as otherwise provided in this division, if an | 1351 |
offender, for a significant period of time, fulfills the | 1352 |
conditions of a community control sanction imposed pursuant to | 1353 |
section 2929.26, 2929.27, or 2929.28 of the Revised Code in an | 1354 |
exemplary manner, the court may reduce the period of time under | 1355 |
the community control sanction or impose a less restrictive | 1356 |
community control sanction. Fulfilling the conditions of a | 1357 |
community control sanction does not relieve the offender of a duty | 1358 |
to make restitution under section 2929.28 of the Revised Code. | 1359 |
(14) A requirement that the offender obtain counseling if the | 1395 |
offense is a violation of section 2919.25 or a violation of | 1396 |
section 2903.13 of the Revised Code involving a person who was a | 1397 |
family or household member at the time of the violation, if the | 1398 |
offender committed the offense in the vicinity of one or more | 1399 |
children who are not victims of the offense, and if the offender | 1400 |
or the victim of the offense is a parent, guardian, custodian, or | 1401 |
person in loco parentis of one or more of those children. This | 1402 |
division does not limit the court in requiring that the offender | 1403 |
obtain counseling for any offense or in any circumstance not | 1404 |
specified in this division. | 1405 |
(B) If the court imposes a term of community service pursuant | 1406 |
to division (A)(3) of this section, the offender may request that | 1407 |
the court modify the sentence to authorize the offender to make a | 1408 |
reasonable contribution, as determined by the court, to the | 1409 |
general fund of the county, municipality, or other local entity | 1410 |
that provides funding to the court. The court may grant the | 1411 |
request if the offender demonstrates a change in circumstances | 1412 |
from the date the court imposes the sentence or that the | 1413 |
modification would otherwise be in the interests of justice. If | 1414 |
the court grants the request, the offender shall make a reasonable | 1415 |
contribution to the court, and the clerk of the court shall | 1416 |
deposit that contribution into the general fund of the county, | 1417 |
municipality, or other local entity that provides funding to the | 1418 |
court. If more than one entity provides funding to the court, the | 1419 |
clerk shall deposit a percentage of the reasonable contribution | 1420 |
equal to the percentage of funding the entity provides to the | 1421 |
court in that entity's general fund. | 1422 |
Sec. 2929.28. (A) In addition to imposing court costs | 1439 |
pursuant to section 2947.23 of the Revised Code, the court | 1440 |
imposing a sentence upon an offender for a misdemeanor, including | 1441 |
a minor misdemeanor, may sentence the offender to any financial | 1442 |
sanction or combination of financial sanctions authorized under | 1443 |
this section. If the court in its discretion imposes one or more | 1444 |
financial sanctions, the financial sanctions that may be imposed | 1445 |
pursuant to this section include, but are not limited to, the | 1446 |
following: | 1447 |
(1) Unless the misdemeanor offense is a minor misdemeanor or | 1448 |
could be disposed of by the traffic violations bureau serving the | 1449 |
court under Traffic Rule 13, restitution by the offender to the | 1450 |
victim of the offender's crime or any survivor of the victim, in | 1451 |
an amount based on the victim's economic loss. The court may not | 1452 |
impose restitution as a sanction pursuant to this division if the | 1453 |
offense is a minor misdemeanor or could be disposed of by the | 1454 |
traffic violations bureau serving the court under Traffic Rule 13. | 1455 |
If the court requires restitution, the court shall order that the | 1456 |
restitution be made to the victim in open court or to the adult | 1457 |
probation department that serves the jurisdiction or the clerk of | 1458 |
the court on behalf of the victim. | 1459 |
If the court imposes restitution, the court shall determine | 1460 |
the amount of restitution to be paid by the offender. If the court | 1461 |
imposes restitution, the court may base the amount of restitution | 1462 |
it orders on an amount recommended by the victim, the offender, a | 1463 |
presentence investigation report, estimates or receipts indicating | 1464 |
the cost of repairing or replacing property, and other | 1465 |
information, provided that the amount the court orders as | 1466 |
restitution shall not exceed the amount of the economic loss | 1467 |
suffered by the victim as a direct and proximate result of the | 1468 |
commission of the offense. If the court decides to impose | 1469 |
restitution, the court shall hold an evidentiary hearing on | 1470 |
restitution if the offender, victim, or survivor disputes the | 1471 |
amount of restitution. If the court holds an evidentiary hearing, | 1472 |
at the hearing the victim or survivor has the burden to prove by a | 1473 |
preponderance of the evidence the amount of restitution sought | 1474 |
from the offender. | 1475 |
(b) The amount of reimbursement ordered under division | 1523 |
(A)(3)(a) of this section shall not exceed the total amount of | 1524 |
reimbursement the offender is able to pay and shall not exceed the | 1525 |
actual cost of the sanctions. The court may collect any amount of | 1526 |
reimbursement the offender is required to pay under that division. | 1527 |
If the court does not order reimbursement under that division, | 1528 |
confinement costs may be assessed pursuant to a repayment policy | 1529 |
adopted under section 2929.37 of the Revised Code. In addition, | 1530 |
the offender may be required to pay the fees specified in section | 1531 |
2929.38 of the Revised Code in accordance with that section. | 1532 |
If the court determines that the offender is indigent and | 1538 |
unable to pay the financial sanction or court costs, the court | 1539 |
shall consider imposing and may impose a term of community service | 1540 |
under division (A) of section 2929.27 of the Revised Code in lieu | 1541 |
of imposing a financial sanction or court costs. If the court does | 1542 |
not determine that the offender is indigent, the court may impose | 1543 |
a term of community service under division (A) of section 2929.27 | 1544 |
of the Revised Code in lieu of or in addition to imposing a | 1545 |
financial sanction under this section and in addition to imposing | 1546 |
court costs. The court may order community service for a minor | 1547 |
misdemeanor pursuant to division (C)(D) of section 2929.27 of the | 1548 |
Revised Code in lieu of or in addition to imposing a financial | 1549 |
sanction under this section and in addition to imposing court | 1550 |
costs. If a person fails to pay a financial sanction or court | 1551 |
costs, the court may order community service in lieu of the | 1552 |
financial sanction or court costs. | 1553 |
(C)(1) The offender shall pay reimbursements imposed upon the | 1554 |
offender pursuant to division (A)(3) of this section to pay the | 1555 |
costs incurred by a county pursuant to any sanction imposed under | 1556 |
this section or section 2929.26 or 2929.27 of the Revised Code or | 1557 |
in operating a facility used to confine offenders pursuant to a | 1558 |
sanction imposed under section 2929.26 of the Revised Code to the | 1559 |
county treasurer. The county treasurer shall deposit the | 1560 |
reimbursements in the county's general fund. The county shall use | 1561 |
the amounts deposited in the fund to pay the costs incurred by the | 1562 |
county pursuant to any sanction imposed under this section or | 1563 |
section 2929.26 or 2929.27 of the Revised Code or in operating a | 1564 |
facility used to confine offenders pursuant to a sanction imposed | 1565 |
under section 2929.26 of the Revised Code. | 1566 |
(2) The offender shall pay reimbursements imposed upon the | 1567 |
offender pursuant to division (A)(3) of this section to pay the | 1568 |
costs incurred by a municipal corporation pursuant to any sanction | 1569 |
imposed under this section or section 2929.26 or 2929.27 of the | 1570 |
Revised Code or in operating a facility used to confine offenders | 1571 |
pursuant to a sanction imposed under section 2929.26 of the | 1572 |
Revised Code to the treasurer of the municipal corporation. The | 1573 |
treasurer shall deposit the reimbursements in the municipal | 1574 |
corporation's general fund. The municipal corporation shall use | 1575 |
the amounts deposited in the fund to pay the costs incurred by the | 1576 |
municipal corporation pursuant to any sanction imposed under this | 1577 |
section or section 2929.26 or 2929.27 of the Revised Code or in | 1578 |
operating a facility used to confine offenders pursuant to a | 1579 |
sanction imposed under section 2929.26 of the Revised Code. | 1580 |
(D) Except as otherwise provided in this division, a | 1585 |
financial sanction imposed under division (A) of this section is a | 1586 |
judgment in favor of the state or the political subdivision that | 1587 |
operates the court that imposed the financial sanction, and the | 1588 |
offender subject to the financial sanction is the judgment debtor. | 1589 |
A financial sanction of reimbursement imposed pursuant to division | 1590 |
(A)(3)(a)(i) of this section upon an offender is a judgment in | 1591 |
favor of the entity administering the community control sanction, | 1592 |
and the offender subject to the financial sanction is the judgment | 1593 |
debtor. A financial sanction of reimbursement imposed pursuant to | 1594 |
division (A)(3)(a)(ii) of this section upon an offender confined | 1595 |
in a jail or other residential facility is a judgment in favor of | 1596 |
the entity operating the jail or other residential facility, and | 1597 |
the offender subject to the financial sanction is the judgment | 1598 |
debtor. A financial sanction of restitution imposed pursuant to | 1599 |
division (A)(1) of this section is an order in favor of the victim | 1600 |
of the offender's criminal act that can be collected through
a | 1601 |
certificate of judgment as described in division (D)(1) of this | 1602 |
section, through execution as described in division (D)(1)(2) of | 1603 |
this section, or through an order as described in division | 1604 |
(D)(2)(3) of this section, and the offender shall be considered | 1605 |
for purposes of the collection as the judgment debtor. | 1606 |
(2) Permit payment of all or any portion of the sanction in | 1635 |
installments, by financial transaction device if the court is a | 1636 |
county court or a municipal court operated by a county, by credit | 1637 |
or debit card or by another electronic transfer if the court is a | 1638 |
municipal court not operated by a county, or by any other | 1639 |
reasonable method, in any time, and on any terms that court | 1640 |
considers just, except that the maximum time permitted for payment | 1641 |
shall not exceed five years. If the court is a county court or a | 1642 |
municipal court operated by a county, the acceptance of payments | 1643 |
by any financial transaction device shall be governed by the | 1644 |
policy adopted by the board of county commissioners of the county | 1645 |
pursuant to section 301.28 of the Revised Code. If the court is a | 1646 |
municipal court not operated by a county, the clerk may pay any | 1647 |
fee associated with processing an electronic transfer out of | 1648 |
public money or may charge the fee to the offender. | 1649 |
Sec. 2951.02. (A) During the period of a misdemeanor | 1656 |
offender's community control sanction or during the period of a | 1657 |
felony offender's nonresidential sanction, authorized probation | 1658 |
officers who are engaged within the scope of their supervisory | 1659 |
duties or responsibilities may search, with or without a warrant, | 1660 |
the person of the offender, the place of residence of the | 1661 |
offender, and a motor vehicle, another item of tangible or | 1662 |
intangible personal property, or other real property in which the | 1663 |
offender has a right, title, or interest or for which the offender | 1664 |
has the express or implied permission of a person with a right, | 1665 |
title, or interest to use, occupy, or possess if the probation | 1666 |
officers have reasonable grounds to believe that the offender is | 1667 |
not abiding by the law or otherwise is not complying with the | 1668 |
conditions of the misdemeanor offender's community control | 1669 |
sanction or the conditions of the felony offender's nonresidential | 1670 |
sanction. If a felony offender who is sentenced to a | 1671 |
nonresidential sanction is under the general control and | 1672 |
supervision of the adult parole authority, as described in | 1673 |
division (A)(2)(a) of section 2929.15 of the Revised Code, adult | 1674 |
parole authority field officers with supervisory responsibilities | 1675 |
over the felony offender shall have the same search authority | 1676 |
relative to the felony offender during the period of the sanction | 1677 |
that is described under this division for probation officers. The | 1678 |
court that places the misdemeanor offender under a community | 1679 |
control sanction pursuant to section 2929.25 of the Revised Code | 1680 |
or that sentences the felony offender to a nonresidential sanction | 1681 |
pursuant to section 2929.17 of the Revised Code shall provide the | 1682 |
offender with a written notice that informs the offender that | 1683 |
authorized probation officers or adult parole authority field | 1684 |
officers with supervisory responsibilities over the offender who | 1685 |
are engaged within the scope of their supervisory duties or | 1686 |
responsibilities may conduct those types of searches during the | 1687 |
period of community control sanction or the nonresidential | 1688 |
sanction if they have reasonable grounds to believe that the | 1689 |
offender is not abiding by the law or otherwise is not complying | 1690 |
with the conditions of the offender's community control sanction | 1691 |
or nonresidential sanction. | 1692 |
(B) If an offender is convicted of or pleads guilty to a | 1693 |
misdemeanor, the court may require the offender, as a condition of | 1694 |
the offender's sentence of a community control sanction, to | 1695 |
perform supervised community service work in accordance with this | 1696 |
division. If an offender is convicted of or pleads guilty to a | 1697 |
felony, the court, pursuant to sections 2929.15 and 2929.17 of the | 1698 |
Revised Code, may impose a sanction that requires the offender to | 1699 |
perform supervised community service work in accordance with this | 1700 |
division. The supervised community service work shall be under the | 1701 |
authority of health districts, park districts, counties, municipal | 1702 |
corporations, townships, other political subdivisions of the | 1703 |
state, or agencies of the state or any of its political | 1704 |
subdivisions, or under the authority of charitable organizations | 1705 |
that render services to the community or its citizens, in | 1706 |
accordance with this division. The court may require an offender | 1707 |
who is ordered to perform the work to pay to it a reasonable fee | 1708 |
to cover the costs of the offender's participation in the work, | 1709 |
including, but not limited to, the costs of procuring a policy or | 1710 |
policies of liability insurance to cover the period during which | 1711 |
the offender will perform the work. | 1712 |
(2) An agency, political subdivision, or charitable | 1733 |
organization must agree to accept the offender for the work before | 1734 |
the court requires the offender to perform the work for the | 1735 |
entity. A court shall not require an offender to perform | 1736 |
supervised community service work for an agency, political | 1737 |
subdivision, or charitable organization at a location that is an | 1738 |
unreasonable distance from the offender's residence or domicile, | 1739 |
unless the offender is provided with transportation to the | 1740 |
location where the work is to be performed. | 1741 |
(3) A court may enter into an agreement with a county | 1742 |
department of job and family services for the management, | 1743 |
placement, and supervision of offenders eligible for community | 1744 |
service work in work activities, developmental activities, and | 1745 |
alternative work activities under sections 5107.40 to 5107.69 of | 1746 |
the Revised Code. If a court and a county department of job and | 1747 |
family services have entered into an agreement of that nature, the | 1748 |
clerk of that court is authorized to pay directly to the county | 1749 |
department all or a portion of the fees collected by the court | 1750 |
pursuant to this division in accordance with the terms of its | 1751 |
agreement. | 1752 |
(4) Community service work that a court requires under this | 1753 |
division shall be supervised by an official of the agency, | 1754 |
political subdivision, or charitable organization for which the | 1755 |
work is performed or by a person designated by the agency, | 1756 |
political subdivision, or charitable organization. The official or | 1757 |
designated person shall be qualified for the supervision by | 1758 |
education, training, or experience, and periodically shall report, | 1759 |
in writing, to the court and to the offender's probation officer | 1760 |
concerning the conduct of the offender in performing the work. | 1761 |
(5) The total of any period of supervised community service | 1762 |
work imposed on an offender under division (B) of this section | 1763 |
plus the period of all other sanctions imposed pursuant to | 1764 |
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised | 1765 |
Code for a felony, or pursuant to sections 2929.25, 2929.26, | 1766 |
2929.27, and 2929.28 of the Revised Code for a misdemeanor, shall | 1767 |
not exceed five years. | 1768 |
(C)(1) If an offender is convicted of a violation of section | 1769 |
4511.19 of the Revised Code, a municipal ordinance relating to | 1770 |
operating a vehicle while under the influence of alcohol, a drug | 1771 |
of abuse, or a combination of them, or a municipal ordinance | 1772 |
relating to operating a vehicle with a prohibited concentration of | 1773 |
alcohol, a controlled substance, or a metabolite of a controlled | 1774 |
substance in the whole blood, blood serum or plasma, breath, or | 1775 |
urine, the court may require, as a condition of a community | 1776 |
control sanction, any suspension of a driver's or commercial | 1777 |
driver's license or permit or nonresident operating privilege, and | 1778 |
all other penalties provided by law or by ordinance, that the | 1779 |
offender operate only a motor vehicle equipped with an ignition | 1780 |
interlock device that is certified pursuant to section 4510.43 of | 1781 |
the Revised Code. | 1782 |
(2) If a court requires an offender, as a condition of a | 1783 |
community control sanction pursuant to division (C)(1) of this | 1784 |
section, to operate only a motor vehicle equipped with an ignition | 1785 |
interlock device that is certified pursuant to section 4510.43 of | 1786 |
the Revised Code, the offender immediately shall surrender the | 1787 |
offender's driver's or commercial driver's license or permit to | 1788 |
the court. Upon the receipt of the offender's license or permit, | 1789 |
the court shall issue an order authorizing the offender to operate | 1790 |
a motor vehicle equipped with a certified ignition interlock | 1791 |
device, deliver the offender's license or permit to the bureau of | 1792 |
motor vehicles, and include in the abstract of the case forwarded | 1793 |
to the bureau pursuant to section 4510.036 of the Revised Code the | 1794 |
conditions of the community control sanction imposed pursuant to | 1795 |
division (C)(1) of this section. The court shall give the offender | 1796 |
a copy of its order, and that copy shall be used by the offender | 1797 |
in lieu of a driver's or commercial driver's license or permit | 1798 |
until the bureau issues a restricted license to the offender. | 1799 |
(3) Upon receipt of an offender's driver's or commercial | 1800 |
driver's license or permit pursuant to division (C)(2) of this | 1801 |
section, the bureau of motor vehicles shall issue a restricted | 1802 |
license to the offender. The restricted license shall be identical | 1803 |
to the surrendered license, except that it shall have printed on | 1804 |
its face a statement that the offender is prohibited from | 1805 |
operating a motor vehicle that is not equipped with an ignition | 1806 |
interlock device that is certified pursuant to section 4510.43 of | 1807 |
the Revised Code. The bureau shall deliver the offender's | 1808 |
surrendered license or permit to the court upon receipt of a court | 1809 |
order requiring it to do so, or reissue the offender's license or | 1810 |
permit under section 4510.52 of the Revised Code if the registrar | 1811 |
destroyed the offender's license or permit under that section. The | 1812 |
offender shall surrender the restricted license to the court upon | 1813 |
receipt of the offender's surrendered license or permit. | 1814 |
(4) If an offender violates a requirement of the court | 1815 |
imposed under division (C)(1) of this section, the court may | 1816 |
impose a class seven suspension of the offender's driver's or | 1817 |
commercial driver's license or permit or nonresident operating | 1818 |
privilege from the range specified in division (A)(7) of section | 1819 |
4510.02 of the Revised Code. On a second or subsequent violation, | 1820 |
the court may impose a class four suspension of the offender's | 1821 |
driver's or commercial driver's license or permit or nonresident | 1822 |
operating privilege from the range specified in division (A)(4) of | 1823 |
section 4510.02 of the Revised Code. | 1824 |
Sec. 4507.02. (A)(1) No person shall permit the operation of | 1825 |
a motor vehicle upon any public or private property used by the | 1826 |
public for purposes of vehicular travel or parking knowing the | 1827 |
operator does not have a valid driver's license issued to the | 1828 |
operator by the registrar of motor vehicles under this chapter or | 1829 |
a valid commercial driver's license issued under Chapter 4506. of | 1830 |
the Revised Code. Except as otherwise provided in this division, | 1831 |
whoever violates this division is guilty of an unclassified | 1832 |
misdemeanor. When the offense is an unclassified misdemeanor, the | 1833 |
offender shall be sentenced pursuant to sections 2929.21 to | 1834 |
2929.28 of the Revised Code, except that the offender shall not be | 1835 |
sentenced to a jail term; the offender shall not be sentenced to a | 1836 |
community residential sanction pursuant to section 2929.26 of the | 1837 |
Revised Code; notwithstanding division (A)(2)(a) of section | 1838 |
2929.28 of the Revised Code, the offender may be fined up to one | 1839 |
thousand dollars; and, notwithstanding division (A)(3) of section | 1840 |
2929.27 of the Revised Code, the offender may be ordered pursuant | 1841 |
to division (B)(C) of that section to serve a term of community | 1842 |
service of up to five hundred hours. IfThe failure of an offender | 1843 |
to complete a term of community service imposed by the court may | 1844 |
be punished as indirect criminal contempt under division (A) of | 1845 |
section 2705.02 of the Revised Code that may be filed in the | 1846 |
underlying case. | 1847 |
(2) No person shall receive a driver's license, or a | 1853 |
motorcycle operator's endorsement of a driver's or commercial | 1854 |
driver's license, unless and until the person surrenders to the | 1855 |
registrar all valid licenses issued to the person by another | 1856 |
jurisdiction recognized by this state. The registrar shall report | 1857 |
the surrender of a license to the issuing authority, together with | 1858 |
information that a license is now issued in this state. The | 1859 |
registrar shall destroy any such license that is not returned to | 1860 |
the issuing authority. No person shall be permitted to have more | 1861 |
than one valid license at any time. | 1862 |
(B)(1) If a person is convicted of a violation of section | 1863 |
4510.11, 4510.14, 4510.16 when division (B)(G)(2) and (3) of that | 1864 |
section applies, or 4510.21 of the Revised Code or if division (F) | 1865 |
of section 4507.164 of the Revised Code applies, the trial judge | 1866 |
of any court, in addition to or independent of any other penalties | 1867 |
provided by law or ordinance, shallmay impound the identification | 1868 |
license plates of any motor vehicle registered in the name of the | 1869 |
person. If a person is convicted of a violation of section 4510.16 | 1870 |
of the Revised Code and division (B)(2)(G)(1) of that section | 1871 |
applies, the trial judge of any court, in addition to or | 1872 |
independent of any other penalties provided by law or ordinance, | 1873 |
may impound the identification license plates of any motor vehicle | 1874 |
registered in the name of the person. The court shall send the | 1875 |
impounded license plates to the registrar, who may retain the | 1876 |
license plates until the driver's or commercial driver's license | 1877 |
of the owner has been reinstated or destroy them pursuant to | 1878 |
section 4503.232 of the Revised Code. | 1879 |
If the license plates of a person convicted of a violation of | 1880 |
any provision of those sections have been impounded in accordance | 1881 |
with the provisions of this division, the court shall notify the | 1882 |
registrar of that action. The notice shall contain the name and | 1883 |
address of the driver, the serial number of the driver's or | 1884 |
commercial driver's license, the serial numbers of the license | 1885 |
plates of the motor vehicle, and the length of time for which the | 1886 |
license plates have been impounded. The registrar shall record the | 1887 |
data in the notice as part of the driver's permanent record. | 1888 |
(2) Any motor vehicle owner who has had the license plates of | 1889 |
a motor vehicle impounded pursuant to division (B)(1) of this | 1890 |
section may apply to the registrar, or to a deputy registrar, for | 1891 |
restricted license plates that shall conform to the requirements | 1892 |
of section 4503.231 of the Revised Code. The registrar or deputy | 1893 |
registrar forthwith shall notify the court of the application and, | 1894 |
upon approval of the court, shall issue restricted license plates | 1895 |
to the applicant. Until the driver's or commercial driver's | 1896 |
license of the owner is reinstated, any new license plates issued | 1897 |
to the owner also shall conform to the requirements of section | 1898 |
4503.231 of the Revised Code. | 1899 |
The registrar or deputy registrar shall charge the owner of a | 1900 |
vehicle the fees provided in section 4503.19 of the Revised Code | 1901 |
for restricted license plates that are issued in accordance with | 1902 |
this division, except upon renewal as specified in section 4503.10 | 1903 |
of the Revised Code, when the regular fee as provided in section | 1904 |
4503.04 of the Revised Code shall be charged. The registrar or | 1905 |
deputy registrar shall charge the owner of a vehicle the fees | 1906 |
provided in section 4503.19 of the Revised Code whenever | 1907 |
restricted license plates are exchanged, by reason of the | 1908 |
reinstatement of the driver's or commercial driver's license of | 1909 |
the owner, for those ordinarily issued. | 1910 |
(3) If an owner wishes to sell a motor vehicle during the | 1911 |
time the restricted license plates provided under division (B)(2) | 1912 |
of this section are in use, the owner may apply to the court that | 1913 |
impounded the license plates of the motor vehicle for permission | 1914 |
to transfer title to the motor vehicle. If the court is satisfied | 1915 |
that the sale will be made in good faith and not for the purpose | 1916 |
of circumventing the provisions of this section, it may certify | 1917 |
its consent to the owner and to the registrar of motor vehicles | 1918 |
who shall enter notice of the transfer of the title of the motor | 1919 |
vehicle in the vehicle registration record. | 1920 |
If, during the time the restricted license plates provided | 1921 |
under division (B)(2) of this section are in use, the title to a | 1922 |
motor vehicle is transferred by the foreclosure of a chattel | 1923 |
mortgage, a sale upon execution, the cancellation of a conditional | 1924 |
sales contract, or by order of a court, the court shall notify the | 1925 |
registrar of the action and the registrar shall enter notice of | 1926 |
the transfer of the title to the motor vehicle in the vehicle | 1927 |
registration record. | 1928 |
(B)(1) When the license of any person is suspended pursuant | 1940 |
to division (G)(1)(a) of section 4511.19 of the Revised Code, or | 1941 |
pursuant to section 4510.07 of the Revised Code for a municipal | 1942 |
OVI offense when the suspension is equivalent in length to the | 1943 |
suspension under division (G) of section 4511.19 of the Revised | 1944 |
Code that is specified in this division, the trial judge of the | 1945 |
court of record or the mayor of the mayor's court that suspended | 1946 |
the license may impound the identification license plates of any | 1947 |
motor vehicle registered in the name of the person. | 1948 |
(2) When the license of any person is suspended pursuant to | 1949 |
division (G)(1)(b) of section 4511.19 of the Revised Code, or | 1950 |
pursuant to section 4510.07 of the Revised Code for a municipal | 1951 |
OVI offense when the suspension is equivalent in length to the | 1952 |
suspension under division (G) of section 4511.19 of the Revised | 1953 |
Code that is specified in this division, the trial judge of the | 1954 |
court of record that suspended the license shall order the | 1955 |
impoundment of the identification license plates of the motor | 1956 |
vehicle the offender was operating at the time of the offense and | 1957 |
the immobilization of that vehicle in accordance with section | 1958 |
4503.233 and division (G)(1)(b) of section 4511.19 or division | 1959 |
(B)(2)(a) of section 4511.193 of the Revised Code and may impound | 1960 |
the identification license plates of any other motor vehicle | 1961 |
registered in the name of the person whose license is suspended. | 1962 |
(3) When the license of any person is suspended pursuant to | 1963 |
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised | 1964 |
Code, or pursuant to section 4510.07 of the Revised Code for a | 1965 |
municipal OVI offense when the suspension is equivalent in length | 1966 |
to the suspension under division (G) of section 4511.19 of the | 1967 |
Revised Code that is specified in this division, the trial judge | 1968 |
of the court of record that suspended the license shall order the | 1969 |
criminal forfeiture to the state of the motor vehicle the offender | 1970 |
was operating at the time of the offense in accordance with | 1971 |
section 4503.234 and division (G)(1)(c), (d), or (e) of section | 1972 |
4511.19 or division (B)(2)(b) of section 4511.193 of the Revised | 1973 |
Code and may impound the identification license plates of any | 1974 |
other motor vehicle registered in the name of the person whose | 1975 |
license is suspended. | 1976 |
(C)(1) When a person is convicted of or pleads guilty to a | 1977 |
violation of section 4510.14 of the Revised Code or a | 1978 |
substantially equivalent municipal ordinance and division (B)(1) | 1979 |
or (2) of section 4510.14 or division (C)(1) or (2) of section | 1980 |
4510.161 of the Revised Code applies, the trial judge of the court | 1981 |
of record or the mayor of the mayor's court that imposes sentence | 1982 |
shall order the immobilization of the vehicle the person was | 1983 |
operating at the time of the offense and the impoundment of its | 1984 |
identification license plates in accordance with section 4503.233 | 1985 |
and division (B)(1) or (2) of section 4510.14 or division (C)(1) | 1986 |
or (2) of section 4510.161 of the Revised Code and may impound the | 1987 |
identification license plates of any other vehicle registered in | 1988 |
the name of that person. | 1989 |
(2) When a person is convicted of or pleads guilty to a | 1990 |
violation of section 4510.14 of the Revised Code or a | 1991 |
substantially equivalent municipal ordinance and division (B)(3) | 1992 |
of section 4510.14 or division (C)(3) of section 4510.161 of the | 1993 |
Revised Code applies, the trial judge of the court of record that | 1994 |
imposes sentence shall order the criminal forfeiture to the state | 1995 |
of the vehicle the person was operating at the time of the offense | 1996 |
in accordance with section 4503.234 and division (B)(3) of section | 1997 |
4510.14 or division (C)(3) of section 4510.161 of the Revised Code | 1998 |
and may impound the identification license plates of any other | 1999 |
vehicle registered in the name of that person. | 2000 |
(D)(1) When a person is convicted of or pleads guilty to a | 2001 |
violation of division (A) of section 4510.16 of the Revised Code | 2002 |
or a substantially equivalent municipal ordinance, division
(B)(D) | 2003 |
or (G) of section 4510.16 or division (B) of section 4510.161 of | 2004 |
the Revised Code applies in determining whether the immobilization | 2005 |
of the vehicle the person was operating at the time of the offense | 2006 |
and the impoundment of its identification license plates or the | 2007 |
criminal forfeiture to the state of the vehicle the person was | 2008 |
operating at the time of the offense is authorized or required. | 2009 |
The trial judge of the court of record or the mayor of the mayor's | 2010 |
court that imposes sentence may impound the identification license | 2011 |
plates of any other vehicle registered in the name of that person. | 2012 |
(E)(1) When a person is convicted of or pleads guilty to a | 2013 |
violation of section 4511.203 of the Revised Code and the person | 2014 |
is sentenced pursuant to division (C)(1)(3)(a) or
(2)(b) of | 2015 |
section 4511.203 of the Revised Code, the trial judge of the court | 2016 |
of record or the mayor of the mayor's court that imposes sentence | 2017 |
shall order the immobilization of the vehicle that was involved in | 2018 |
the commission of the offense and the impoundment of its | 2019 |
identification license plates in accordance with division | 2020 |
(C)(1)(3)(a) or
(2)(b) of section 4511.203 and section 4503.233 of | 2021 |
the Revised Code and may impound the identification license plates | 2022 |
of any other vehicle registered in the name of that person. | 2023 |
(2) When a person is convicted of or pleads guilty to a | 2024 |
violation of section 4511.203 of the Revised Code and the person | 2025 |
is sentenced pursuant to division (C)(3)(c) of section 4511.203 of | 2026 |
the Revised Code, the trial judge of the court of record or the | 2027 |
mayor of the mayor's court that imposes sentence shall order the | 2028 |
criminal forfeiture to the state of the vehicle that was involved | 2029 |
in the commission of the offense in accordance with division | 2030 |
(C)(3)(c) of section 4511.203 and section 4503.234 of the Revised | 2031 |
Code and may impound the identification license plates of any | 2032 |
other vehicle registered in the name of that person. | 2033 |
Sec. 4507.35. (A) The operator of a motor vehicle shall | 2040 |
display the operator's driver's license, or furnish satisfactory | 2041 |
proof that the operator has a driver's license, upon demand of any | 2042 |
peace officer or of any person damaged or injured in any collision | 2043 |
in which the licensee may be involved. When a demand is properly | 2044 |
made and the operator has the operator's driver's license on or | 2045 |
about the operator's person, the operator shall not refuse to | 2046 |
display the license. A person's failure to furnish satisfactory | 2047 |
evidence that the person is licensed under this chapter when the | 2048 |
person does not have the person's license on or about the person's | 2049 |
person shall be prima-facie evidence of the person's not having | 2050 |
obtained a driver's license. | 2051 |
(B)
Whoever(1) Except as provided in division (B)(2) of this | 2052 |
section, whoever violates this section is guilty of an | 2053 |
unclassified misdemeanor. When the offense is an unclassified | 2054 |
misdemeanor, the offender shall be sentenced pursuant to sections | 2055 |
2929.21 to 2929.28 of the Revised Code, except that the offender | 2056 |
shall not be sentenced to a jail term; the offender shall not be | 2057 |
sentenced to a community residential sanction pursuant to section | 2058 |
2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of | 2059 |
section 2929.28 of the Revised Code, the offender may be fined up | 2060 |
to one thousand dollars; and, notwithstanding division (A)(3) of | 2061 |
section 2929.27 of the Revised Code, the offender may be ordered | 2062 |
pursuant to division (C) of that section to serve a term of | 2063 |
community service of up to five hundred hours. The failure of an | 2064 |
offender to complete a term of community service imposed by the | 2065 |
court may be punished as indirect criminal contempt under division | 2066 |
(A) of section 2705.02 of the Revised Code that may be filed in | 2067 |
the underlying case. | 2068 |
Sec. 4510.036. (A) The bureau of motor vehicles shall record | 2073 |
within ten days, after receipt, and shall keep at its main office, | 2074 |
all abstracts received under this section or section 4510.03, | 2075 |
4510.031, 4510.032, or 4510.034 of the Revised Code and shall | 2076 |
maintain records of convictions and bond forfeitures for any | 2077 |
violation of a state law or a municipal ordinance regulating the | 2078 |
operation of vehicles, streetcars, and trackless trolleys on | 2079 |
highways and streets, except a violation related to parking a | 2080 |
motor vehicle. | 2081 |
(B) Every court of record or mayor's court before which a | 2082 |
person is charged with a violation for which points are chargeable | 2083 |
by this section shall assess and transcribe to the abstract of | 2084 |
conviction that is furnished by the bureau to the court the number | 2085 |
of points chargeable by this section in the correct space assigned | 2086 |
on the reporting form. A United States district court that has | 2087 |
jurisdiction within this state and before which a person is | 2088 |
charged with a violation for which points are chargeable by this | 2089 |
section may assess and transcribe to the abstract of conviction | 2090 |
report that is furnished by the bureau the number of points | 2091 |
chargeable by this section in the correct space assigned on the | 2092 |
reporting form. If the federal court so assesses and transcribes | 2093 |
the points chargeable for the offense and furnishes the report to | 2094 |
the bureau, the bureau shall record the points in the same manner | 2095 |
as those assessed and transcribed by a court of record or mayor's | 2096 |
court. | 2097 |
(6) A violation of section 4510.14 of the Revised Code, or | 2119 |
any ordinance prohibiting the operation of a motor vehicle upon | 2120 |
the public roads or highways within this state while the driver's | 2121 |
or commercial driver's license of the person is under suspension | 2122 |
and the suspension was imposed under section 4511.19, 4511.191, or | 2123 |
4511.196 of the Revised Code or section 4510.07 of the Revised | 2124 |
Code due to a conviction for a violation of a municipal OVI | 2125 |
ordinance or any ordinance prohibiting the operation of a motor | 2126 |
vehicle while the driver's or commercial driver's license is under | 2127 |
suspension for an OVI offense .......... 6 points | 2128 |
(7) A violation of division (A) of section 4511.19 of the | 2129 |
Revised Code, any ordinance prohibiting the operation of a vehicle | 2130 |
while under the influence of alcohol, a drug of abuse, or a | 2131 |
combination of them, or any ordinance substantially equivalent to | 2132 |
division (A) of section 4511.19 of the Revised Code prohibiting | 2133 |
the operation of a vehicle with a prohibited concentration of | 2134 |
alcohol, a controlled substance, or a metabolite of a controlled | 2135 |
substance in the whole blood, blood serum or plasma, breath, or | 2136 |
urine .......... 6 points | 2137 |
(E) If a person is convicted of or forfeits bail for two or | 2183 |
more offenses arising out of the same facts and points are | 2184 |
chargeable for each of the offenses, points shall be charged for | 2185 |
only the conviction or bond forfeiture for which the greater | 2186 |
number of points is chargeable, and, if the number of points | 2187 |
chargeable for each offense is equal, only one offense shall be | 2188 |
recorded, and points shall be charged only for that offense. | 2189 |
Sec. 4510.037. (A) When the registrar of motor vehicles | 2190 |
determines that the total points charged against any person under | 2191 |
section 4510.036 of the Revised Code exceed five, the registrar | 2192 |
shall send a warning letter to the person at the person's last | 2193 |
known address by regular mail. The warning letter shall list the | 2194 |
reported violations that are the basis of the points charged, list | 2195 |
the number of points charged for each violation, and outline the | 2196 |
suspension provisions of this section. | 2197 |
(B) When the registrar determines that the total points | 2198 |
charged against any person under section 4510.036 of the Revised | 2199 |
Code within any two-year period beginning on the date of the first | 2200 |
conviction within the two-year period is equal to twelve or more, | 2201 |
the registrar shall send a written notice to the person at the | 2202 |
person's last known address by regular mail. The notice shall list | 2203 |
the reported violations that are the basis of the points charged, | 2204 |
list the number of points charged for each violation, and state | 2205 |
that, because the total number of points charged against the | 2206 |
person within the applicable two-year period is equal to twelve or | 2207 |
more, the registrar is imposing a class D suspension of the | 2208 |
person's driver's or commercial driver's license or permit or | 2209 |
nonresident operating privileges for the period of time specified | 2210 |
in division (B)(4) of section 4510.02 of the Revised Code. The | 2211 |
notice also shall state that the suspension is effective on the | 2212 |
twentieth day after the mailing of the notice, unless the person | 2213 |
files a petition appealing the determination and suspension in the | 2214 |
municipal court, county court, or, if the person is under the age | 2215 |
of eighteen, the juvenile division of the court of common pleas in | 2216 |
whose jurisdiction the person resides or, if the person is not a | 2217 |
resident of this state, in the Franklin county municipal court or | 2218 |
juvenile division of the Franklin county court of common pleas. By | 2219 |
filing the appeal of the determination and suspension, the person | 2220 |
agrees to pay the cost of the proceedings in the appeal of the | 2221 |
determination and suspension and alleges that the person can show | 2222 |
cause why the person's driver's or commercial driver's license or | 2223 |
permit or nonresident operating privileges should not be | 2224 |
suspended. | 2225 |
(C)(1) Any person against whom at least two but less than | 2226 |
twelve points have been charged under section 4510.036 of the | 2227 |
Revised Code may enroll in a course of remedial driving | 2228 |
instruction that is approved by the director of public safety. | 2229 |
Upon the person's completion of an approved course of remedial | 2230 |
driving instruction, the person may apply to the registrar on a | 2231 |
form prescribed by the registrar for a credit of two points on the | 2232 |
person's driving record. Upon receipt of the application and proof | 2233 |
of completion of the approved remedial driving course, the | 2234 |
registrar shall approve the two-point credit. The registrar shall | 2235 |
not approve any credits for a person who completes an approved | 2236 |
course of remedial driving instruction pursuant to a judge's order | 2237 |
under section 4510.02 of the Revised Code. | 2238 |
(D) When a judge of a court of record suspends a person's | 2245 |
driver's or commercial driver's license or permit or nonresident | 2246 |
operating privilege and charges points against the person under | 2247 |
section 4510.036 of the Revised Code for the offense that resulted | 2248 |
in the suspension, the registrar shall credit that period of | 2249 |
suspension against the time of any subsequent suspension imposed | 2250 |
under this section for which those points were used to impose the | 2251 |
subsequent suspension. When a United States district court that | 2252 |
has jurisdiction within this state suspends a person's driver's or | 2253 |
commercial driver's license or permit or nonresident operating | 2254 |
privileges pursuant to the "Assimilative Crimes Act," 102 Stat. | 2255 |
4381 (1988), 18 U.S.C.A. 13, as amended, the district court | 2256 |
prepares an abstract pursuant to section 4510.031 of the Revised | 2257 |
Code, and the district court charges points against the person | 2258 |
under section 4510.036 of the Revised Code for the offense that | 2259 |
resulted in the suspension, the registrar shall credit the period | 2260 |
of suspension imposed by the district court against the time of | 2261 |
any subsequent suspension imposed under this section for which the | 2262 |
points were used to impose the subsequent suspension. | 2263 |
(E) The registrar, upon the written request of a licensee who | 2264 |
files a petition under division (B) of this section, shall furnish | 2265 |
the licensee a certified copy of the registrar's record of the | 2266 |
convictions and bond forfeitures of the person. This record shall | 2267 |
include the name, address, and date of birth of the licensee; the | 2268 |
name of the court in which each conviction or bail forfeiture took | 2269 |
place; the nature of the offense that was the basis of the | 2270 |
conviction or bond forfeiture; and any other information that the | 2271 |
registrar considers necessary. If the record indicates that twelve | 2272 |
points or more have been charged against the person within a | 2273 |
two-year period, it is prima-facie evidence that the person is a | 2274 |
repeat traffic offender, and the registrar shall suspend the | 2275 |
person's driver's or commercial driver's license or permit or | 2276 |
nonresident operating privilege pursuant to division (B) of this | 2277 |
section. | 2278 |
(F) If a petition is filed under division (B) of this section | 2287 |
in a county court, the prosecuting attorney of the county in which | 2288 |
the case is pending shall represent the registrar in the | 2289 |
proceedings, except that, if the petitioner resides in a municipal | 2290 |
corporation within the jurisdiction of the county court, the city | 2291 |
director of law, village solicitor, or other chief legal officer | 2292 |
of the municipal corporation shall represent the registrar in the | 2293 |
proceedings. If a petition is filed under division (B) of this | 2294 |
section in a municipal court, the registrar shall be represented | 2295 |
in the resulting proceedings as provided in section 1901.34 of the | 2296 |
Revised Code. | 2297 |
(G) If the court determines from the evidence submitted that | 2298 |
a person who filed a petition under division (B) of this section | 2299 |
has failed to show cause why the person's driver's or commercial | 2300 |
driver's license or permit or nonresident operating privileges | 2301 |
should not be suspended, the court shall assess against the person | 2302 |
the cost of the proceedings in the appeal of the determination and | 2303 |
suspension and shall impose the applicable suspension under this | 2304 |
section or suspend all or a portion of the suspension and impose | 2305 |
any conditions upon the person that the court considers proper or | 2306 |
impose upon the person a community control sanction pursuant to | 2307 |
section 2929.15 or 2929.25 of the Revised Code. If the court | 2308 |
determines from the evidence submitted that a person who filed a | 2309 |
petition under division (B) of this section has shown cause why | 2310 |
the person's driver's or commercial driver's license or permit or | 2311 |
nonresident operating privileges should not be suspended, the | 2312 |
costs of the appeal proceeding shall be paid out of the county | 2313 |
treasury of the county in which the proceedings were held. | 2314 |
(I) Upon the termination of any suspension or other penalty | 2321 |
imposed under this section involving the surrender of license or | 2322 |
permit and upon the request of the person whose license or permit | 2323 |
was suspended or surrendered, the registrar shall return the | 2324 |
license or permit to the person upon determining that the person | 2325 |
has complied with all provisions of section 4510.038 of the | 2326 |
Revised Code or, if the registrar destroyed the license or permit | 2327 |
pursuant to section 4510.52 of the Revised Code, shall reissue the | 2328 |
person's license or permit. | 2329 |
(J) Any person whose driver's or commercial driver's license | 2330 |
or permit or nonresident operating privileges are suspended as a | 2331 |
repeat traffic offender under this section and who, during the | 2332 |
suspension, operates any motor vehicle upon any public roads and | 2333 |
highways is guilty of driving under a twelve-point suspension, a | 2334 |
misdemeanor of the first degree, and the. The court shall sentence | 2335 |
the offender to a minimum term of three days in jail. No court | 2336 |
shall suspend the first three days of jail time imposed pursuant | 2337 |
to this division. | 2338 |
Sec. 4510.11. (A) NoExcept as provided in division (B) of | 2350 |
this section, no person whose driver's or commercial driver's | 2351 |
license or permit or nonresident operating privilege has been | 2352 |
suspended under any provision of the Revised Code, other than | 2353 |
Chapter 4509. of the Revised Code, or under any applicable law in | 2354 |
any other jurisdiction in which the person's license or permit was | 2355 |
issued shall operate any motor vehicle upon the public roads and | 2356 |
highways or upon any public or private property used by the public | 2357 |
for purposes of vehicular travel or parking within this state | 2358 |
during the period of suspension unless the person is granted | 2359 |
limited driving privileges and is operating the vehicle in | 2360 |
accordance with the terms of the limited driving privileges. | 2361 |
(C) Upon the request or motion of the prosecuting authority, | 2368 |
a noncertified copy of the law enforcement automated data system | 2369 |
report or a noncertified copy of a record of the registrar of | 2370 |
motor vehicles that shows the name, date of birth, and social | 2371 |
security number of a person charged with a violation of division | 2372 |
(A) or (B) of this section may be admitted into evidence as | 2373 |
prima-facie evidence that the license of the person was under | 2374 |
suspension at the time of the alleged violation of division (A) of | 2375 |
this section or the person operated a motor vehicle in violation | 2376 |
of a restriction at the time of the alleged violation of division | 2377 |
(B) of this section. The person charged with a violation of | 2378 |
division (A) or (B) of this section may offer evidence to rebut | 2379 |
this prima-facie evidence. | 2380 |
(D)(1)(a) Except as provided in division (C)(1)(b) of this | 2381 |
section, whoeverWhoever violates division (A) or (B) of this | 2382 |
section is guilty of driving under suspension, a misdemeanor of | 2383 |
the first degree. The court shallmay impose upon the offender a | 2384 |
class seven suspension of the offender's driver's license, | 2385 |
commercial driver's license, temporary instruction permit, | 2386 |
probationary license, or nonresident operating privilege from the | 2387 |
range specified in division (A)(7) of section 4510.02 of the | 2388 |
Revised Code. | 2389 |
(b) If the offender's driver's or commercial driver's license | 2390 |
or permit or nonresident operating privilege has been suspended | 2391 |
under section 3123.58 or 4510.22 of the Revised Code, except as | 2392 |
otherwise provided in this division, a violation of division (A) | 2393 |
of this section is an unclassified misdemeanor. When the offense | 2394 |
is an unclassified misdemeanor, the offender shall be sentenced | 2395 |
pursuant to sections 2929.21 to 2929.28 of the Revised Code, | 2396 |
except that the offender shall not be sentenced to a jail term; | 2397 |
the offender shall not be sentenced to a community residential | 2398 |
sanction pursuant to section 2929.26 of the Revised Code; | 2399 |
notwithstanding division (A)(2)(a) of section 2929.28 of the | 2400 |
Revised Code, the offender may be fined up to one thousand | 2401 |
dollars; and, notwithstanding division (A)(3) of section 2929.27 | 2402 |
of the Revised Code, the offender may be ordered pursuant to | 2403 |
division (B) of that section to serve a term of community service | 2404 |
of up to five hundred hours. If, within three years of the | 2405 |
offense, the offender previously was convicted of or pleaded | 2406 |
guilty to two or more violations of this section or a | 2407 |
substantially equivalent municipal ordinance, the offense is a | 2408 |
misdemeanor of the first degree. | 2409 |
(3)(a) Except as provided in division (C)(4)(D)(2)(b) or | 2413 |
(5)(c) of this section, the court, in addition to any other | 2414 |
penalty that it imposes on the offender and if the vehicle is | 2415 |
registered in the offender's name and if, within three years of | 2416 |
the offense, the offender previously has been convicted of or | 2417 |
pleaded guilty to one violation of this section or section | 2418 |
4510.111 or 4510.16 of the Revised Code, or a substantially | 2419 |
equivalent municipal ordinance, the court, in addition to or | 2420 |
independent of any other sentence that it imposes upon the | 2421 |
offender, shallmay order the immobilization of the vehicle | 2422 |
involved in the offense for thirty days and the impoundment of | 2423 |
that vehicle's license plates for thirty days in accordance with | 2424 |
section 4503.233 of the Revised Code and the impoundment of that | 2425 |
vehicle's license plates for thirty days. | 2426 |
(4)(b) If the vehicle is registered in the offender's name | 2427 |
and if, within three years of the offense, the offender previously | 2428 |
has been convicted of or pleaded guilty to one violationtwo | 2429 |
violations of this section, or any combination of two violations | 2430 |
of this section or section 4510.111 or 4510.16 of the Revised | 2431 |
Code, or of a substantially similar municipal ordinance, the | 2432 |
court, in addition to any other sentence that it imposes on the | 2433 |
offender and if the vehicle is registered in the offender's name, | 2434 |
shallmay order the immobilization of the vehicle involved in the | 2435 |
offense for sixty days and the impoundment of that vehicle's | 2436 |
license plates for sixty days in accordance with section 4503.233 | 2437 |
of the Revised Code and the impoundment of that vehicle's license | 2438 |
plates for sixty days. | 2439 |
(5)(c) If the vehicle is registered in the offender's name | 2440 |
and if, within three years of the offense, the offender previously | 2441 |
has been convicted of or pleaded guilty to twothree or more | 2442 |
violations of this section, or any combination of three or more | 2443 |
violations of this section or section 4510.111 or 4510.16 of the | 2444 |
Revised Code, or of a substantially similar municipal ordinance, | 2445 |
the court, in addition to any other sentence that it imposes on | 2446 |
the offender and if the vehicle is registered in the offender's | 2447 |
name, shallmay order the criminal forfeiture of the vehicle | 2448 |
involved in the offense to the state. | 2449 |
(E)(F) Any order of criminal forfeiture under this section | 2456 |
shall be issued and enforced under section 4503.234 of the Revised | 2457 |
Code. Upon receipt of the copy of the order from the court, | 2458 |
neither the registrar of motor vehicles nor a deputy registrar | 2459 |
shall accept any application for the registration or transfer of | 2460 |
registration of any motor vehicle owned or leased by the person | 2461 |
named in the declaration of forfeiture. The period of registration | 2462 |
denial shall be five years after the date of the order, unless, | 2463 |
during that period, the court having jurisdiction of the offense | 2464 |
that led to the order terminates the forfeiture and notifies the | 2465 |
registrar of the termination. The registrar then shall take | 2466 |
necessary measures to permit the person to register a vehicle | 2467 |
owned or leased by the person or to transfer registration of the | 2468 |
vehicle. | 2469 |
(G) The offender shall provide the court with proof of | 2470 |
financial responsibility as defined in section 4509.01 of the | 2471 |
Revised Code. If the offender fails to provide that proof of | 2472 |
financial responsibility, then, in addition to any other penalties | 2473 |
provided by law, the court may order restitution pursuant to | 2474 |
section 2929.28 of the Revised Code in an amount not exceeding | 2475 |
five thousand dollars for any economic loss arising from an | 2476 |
accident or collision that was the direct and proximate result of | 2477 |
the offender's operation of the vehicle before, during, or after | 2478 |
committing the offense for which the offender is sentenced under | 2479 |
this section. | 2480 |
(C) Upon the request or motion of the prosecuting authority, | 2493 |
a noncertified copy of the law enforcement automated data system | 2494 |
report or a noncertified copy of a record of the registrar of | 2495 |
motor vehicles that shows the name, date of birth, and social | 2496 |
security number of a person charged with a violation of division | 2497 |
(A) or (B) of this section may be admitted into evidence as | 2498 |
prima-facie evidence that the license of the person was under | 2499 |
suspension at the time of the alleged violation of division (A) or | 2500 |
(B) of this section. The person charged with a violation of | 2501 |
division (A) or (B) of this section may offer evidence to rebut | 2502 |
this prima-facie evidence. | 2503 |
(1) Except as otherwise provided in division (D)(2) of this | 2507 |
section, the offense is an unclassified misdemeanor. The offender | 2508 |
shall be sentenced pursuant to sections 2929.21 to 2929.28 of the | 2509 |
Revised Code, except that the offender shall not be sentenced to a | 2510 |
jail term; the offender shall not be sentenced to a community | 2511 |
residential sanction pursuant to section 2929.26 of the Revised | 2512 |
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the | 2513 |
Revised Code, the offender may be fined up to one thousand | 2514 |
dollars; and, notwithstanding division (A)(3) of section 2929.27 | 2515 |
of the Revised Code, the offender may be ordered pursuant to | 2516 |
division (C) of that section to serve a term of community service | 2517 |
of up to five hundred hours. The failure of an offender to | 2518 |
complete a term of community service imposed by the court may be | 2519 |
punished as indirect criminal contempt under division (A) of | 2520 |
section 2705.02 of the Revised Code that may be filed in the | 2521 |
underlying case. | 2522 |
(2) If, within three years of the offense, the offender | 2523 |
previously was convicted of or pleaded guilty to two or more | 2524 |
violations of division (A) or (B) of this section, or any | 2525 |
combination of two or more violations of division (A) or (B) of | 2526 |
this section or section 4510.11 or 4510.16 of the Revised Code, or | 2527 |
a substantially equivalent municipal ordinance, the offense is a | 2528 |
misdemeanor of the first degree. The offender shall provide the | 2529 |
court with proof of financial responsibility as defined in section | 2530 |
4509.01 of the Revised Code. If the offender fails to provide that | 2531 |
proof of financial responsibility, then, in addition to any | 2532 |
penalties provided by law, the court may order restitution | 2533 |
pursuant to section 2929.28 of the Revised Code in an amount not | 2534 |
exceeding five thousand dollars for any economic loss arising from | 2535 |
an accident or collision that was the direct and proximate result | 2536 |
of the offender's operation of the vehicle before, during, or | 2537 |
after committing the offense for which the offender is sentenced | 2538 |
under this section. | 2539 |
(4)(a) In all cases, if the vehicle is registered in the | 2545 |
offender's name and if, within three years of the offense, the | 2546 |
offender previously has been convicted of or pleaded guilty to one | 2547 |
violation of division (A) or (B) of this section or section | 2548 |
4510.11 or 4510.16 of the Revised Code, or a substantially | 2549 |
equivalent municipal ordinance, the court, in addition to any | 2550 |
other sentence that it imposes upon the offender, may order the | 2551 |
immobilization of the vehicle involved in the offense for thirty | 2552 |
days and the impoundment of that vehicle's license plates for | 2553 |
thirty days in accordance with section 4503.233 of the Revised | 2554 |
Code. | 2555 |
(b) In all cases, if the vehicle is registered in the | 2556 |
offender's name and if, within three years of the offense, the | 2557 |
offender previously has been convicted of or pleaded guilty to two | 2558 |
violations of division (A) or (B) of this section, or any | 2559 |
combination of two violations of division (A) or (B) of this | 2560 |
section or section 4510.11 or 4510.16 of the Revised Code, or a | 2561 |
substantially equivalent municipal ordinance, the court, in | 2562 |
addition to any other sentence that it imposes upon the offender, | 2563 |
may order the immobilization of the vehicle involved in the | 2564 |
offense for sixty days and the impoundment of that vehicle's | 2565 |
license plates for sixty days in accordance with section 4503.233 | 2566 |
of the Revised Code. | 2567 |
(c) In all cases, if the vehicle is registered in the | 2568 |
offender's name and if, within three years of the offense, the | 2569 |
offender previously has been convicted of or pleaded guilty to | 2570 |
three or more violations of this section, or any combination of | 2571 |
three or more violations of this section or section 4510.11 or | 2572 |
4510.16 of the Revised Code, or a substantially equivalent | 2573 |
municipal ordinance, the court, in addition to any other sentence | 2574 |
that it imposes upon the offender, may order the criminal | 2575 |
forfeiture of the vehicle involved in the offense to the state. | 2576 |
(F) An order for criminal forfeiture under this section shall | 2583 |
be issued and enforced under section 4503.234 of the Revised Code. | 2584 |
Upon receipt of a copy of the order from the court, neither the | 2585 |
registrar of motor vehicles nor a deputy registrar shall accept | 2586 |
any application for the registration or transfer of registration | 2587 |
of any motor vehicle owned or leased by the person named in the | 2588 |
declaration of forfeiture. The period of registration denial shall | 2589 |
be five years after the date of the order unless, during that | 2590 |
period, the court having jurisdiction of the offense that led to | 2591 |
the order terminates the forfeiture and notifies the registrar of | 2592 |
the termination. The registrar then shall take the necessary | 2593 |
measures to permit the person to register a vehicle owned or | 2594 |
leased by the person or to transfer registration of the vehicle. | 2595 |
Sec. 4510.12. (A)(1) No person, except those expressly | 2596 |
exempted under sections 4507.03, 4507.04, and 4507.05 of the | 2597 |
Revised Code, shall operate any motor vehicle upon a public road | 2598 |
or highway or any public or private property used by the public | 2599 |
for purposes of vehicular travel or parking in this state unless | 2600 |
the person has a valid driver's license issued under Chapter 4507. | 2601 |
of the Revised Code or a commercial driver's license issued under | 2602 |
Chapter 4506. of the Revised Code. | 2603 |
(2) No person, except a person expressly exempted under | 2604 |
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall | 2605 |
operate any motorcycle upon a public road or highway or any public | 2606 |
or private property used by the public for purposes of vehicular | 2607 |
travel or parking in this state unless the person has a valid | 2608 |
license as a motorcycle operator that was issued upon application | 2609 |
by the registrar of motor vehicles under Chapter 4507. of the | 2610 |
Revised Code. The license shall be in the form of an endorsement, | 2611 |
as determined by the registrar, upon a driver's or commercial | 2612 |
driver's license, if the person has a valid license to operate a | 2613 |
motor vehicle or commercial motor vehicle, or in the form of a | 2614 |
restricted license as provided in section 4507.14 of the Revised | 2615 |
Code, if the person does not have a valid license to operate a | 2616 |
motor vehicle or commercial motor vehicle. | 2617 |
(B) Upon the request or motion of the prosecuting authority, | 2618 |
a noncertified copy of the law enforcement automated data system | 2619 |
report or a noncertified copy of a record of the registrar of | 2620 |
motor vehicles that shows the name, date of birth, and social | 2621 |
security number of a person charged with a violation of division | 2622 |
(A)(1) or (2) of this section may be admitted into evidence as | 2623 |
prima-facie evidence that the person did not have either a valid | 2624 |
driver's or commercial driver's license at the time of the alleged | 2625 |
violation of division (A)(1) of this section or a valid license as | 2626 |
a motorcycle operator either in the form of an endorsement upon a | 2627 |
driver's or commercial driver's license or a restricted license at | 2628 |
the time of the alleged violation of division (A)(2) of this | 2629 |
section. The person charged with a violation of division (A)(1) or | 2630 |
(2) of this section may offer evidence to rebut this prima-facie | 2631 |
evidence. | 2632 |
(1) If the trier of fact finds that the offender never has | 2636 |
held a valid driver's or commercial driver's license issued by | 2637 |
this state or any other jurisdiction, or, in a case involving the | 2638 |
operation of a motorcycle by the offender, if the offender has | 2639 |
never held a valid license as a motorcycle operator, either in the | 2640 |
form of an endorsement upon a driver's or commercial driver's | 2641 |
license or in the form of a restricted license, except as | 2642 |
otherwise provided in this division, the offense is an | 2643 |
unclassified misdemeanor. When the offense is an unclassified | 2644 |
misdemeanor, the offender shall be sentenced pursuant to sections | 2645 |
2929.21 to 2929.28 of the Revised Code, except that the offender | 2646 |
shall not be sentenced to a jail term; the offender shall not be | 2647 |
sentenced to a community residential sanction pursuant to section | 2648 |
2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of | 2649 |
section 2929.28 of the Revised Code, the offender may be fined up | 2650 |
to one thousand dollars; and, notwithstanding division (A)(3) of | 2651 |
section 2929.27 of the Revised Code, the offender may be ordered | 2652 |
pursuant to division (B)(C) of that section to serve a term of | 2653 |
community service of up to five hundred hours. The failure of an | 2654 |
offender to complete a term of community service imposed by the | 2655 |
court may be punished as indirect criminal contempt under division | 2656 |
(A) of section 2705.02 of the Revised Code that may be filed in | 2657 |
the underlying case. If the offender previously washas been | 2658 |
convicted of or pleaded guilty to any violation of this section or | 2659 |
a substantially equivalent municipal ordinance, the offense is a | 2660 |
misdemeanor of the first degree. | 2661 |
(2) If the offender's driver's or commercial driver's license | 2662 |
or permit or, in a case involving the operation of a motorcycle by | 2663 |
the offender, the offender's driver's or commercial driver's | 2664 |
license bearing the motorcycle endorsement or the offender's | 2665 |
restricted license was expired at the time of the offense, except | 2666 |
as otherwise provided in this division, the offense is a minor | 2667 |
misdemeanor. If, within three years of the offense, the offender | 2668 |
previously washas been convicted of or pleaded guilty to three | 2669 |
two or more violations of this section or a substantially | 2670 |
equivalent municipal ordinance, the offense is a misdemeanor of | 2671 |
the first degree. | 2672 |
(D)(E) If the offender is sentenced under division (B)(C)(2) | 2677 |
of this section, if within three years of the offense the offender | 2678 |
previously was convicted of or pleaded guilty to one or more | 2679 |
violations of this section or a substantially equivalent municipal | 2680 |
ordinance, and if the offender's license was expired for more than | 2681 |
six months at the time of the offense, the court shallmay impose | 2682 |
a class seven suspension of the offender's driver's license, | 2683 |
commercial driver's license, temporary instruction permit, | 2684 |
probationary license, or nonresident operating privilege from the | 2685 |
range specified in division (A)(7) of section 4510.02 of the | 2686 |
Revised Code. | 2687 |
(a) A mandatory jail term of three consecutive days. The | 2703 |
three-day term shall be imposed, unless, subject to division (C) | 2704 |
of this section, the court instead imposes a sentence of not less | 2705 |
than thirty consecutive days of house arrest with electronic | 2706 |
monitoring. A period of house arrest with electronic monitoring | 2707 |
imposed under this division shall not exceed six months. If the | 2708 |
court imposes a mandatory three-day jail term under this division, | 2709 |
the court may impose a jail term in addition to that term, | 2710 |
provided that in no case shall the cumulative jail term imposed | 2711 |
for the offense exceed six months. | 2712 |
(a) A mandatory jail term of ten consecutive days. | 2727 |
Notwithstanding the jail terms provided in sections 2929.21 to | 2728 |
2929.28 of the Revised Code, the court may sentence the offender | 2729 |
to a longer jail term of not more than one year. The ten-day | 2730 |
mandatory jail term shall be imposed unless, subject to division | 2731 |
(C) of this section, the court instead imposes a sentence of not | 2732 |
less than ninety consecutive days of house arrest with electronic | 2733 |
monitoring. The period of house arrest with electronic monitoring | 2734 |
shall not exceed one year. | 2735 |
(d) If the vehicle the offender was operating at the time of | 2762 |
the offense is registered in the offender's name, criminal | 2763 |
forfeiture to the state of the offender's vehicle. The order of | 2764 |
criminal forfeiture shall be issued and enforced in accordance | 2765 |
with section 4503.234 of the Revised Code. If title to a motor | 2766 |
vehicle that is subject to an order for criminal forfeiture under | 2767 |
this division is assigned or transferred and division (B)(2) or | 2768 |
(3) of section 4503.234 of the Revised Code applies, the court may | 2769 |
fine the offender the value of the vehicle as determined by | 2770 |
publications of the national auto dealer'sautomobile dealers | 2771 |
association. The proceeds from any fine so imposed shall be | 2772 |
distributed in accordance with division (C)(2) of section 4503.234 | 2773 |
of the Revised Code. | 2774 |
(C) No court shall impose an alternative sentence of house | 2775 |
arrest with electronic monitoring under division (B)(1) or (2) of | 2776 |
this section unless, within sixty days of the date of sentencing, | 2777 |
the court issues a written finding on the record that, due to the | 2778 |
unavailability of space at the jail where the offender is required | 2779 |
to serve the jail term imposed, the offender will not be able to | 2780 |
begin serving that term within the sixty-day period following the | 2781 |
date of sentencing. | 2782 |
When permitted as specified in section 4510.021 of the | 2801 |
Revised Code, if the court grants limited driving privileges | 2802 |
during a suspension imposed under this section, the privileges | 2803 |
shall be granted on the additional condition that the offender | 2804 |
must display restricted license plates, issued under section | 2805 |
4503.231 of the Revised Code, on the vehicle driven subject to the | 2806 |
privileges, except as provided in division (B) of that section. | 2807 |
A suspension of a commercial driver's license under this | 2808 |
section shall be concurrent with any period of suspension or | 2809 |
disqualification under section 3123.58 or 4506.16 of the Revised | 2810 |
Code. No person who is disqualified for life from holding a | 2811 |
commercial driver's license under section 4506.16 of the Revised | 2812 |
Code shall be issued a driver's license under Chapter 4507. of the | 2813 |
Revised Code during the period for which the commercial driver's | 2814 |
license was suspended under this section, and no person whose | 2815 |
commercial driver's license is suspended under this section shall | 2816 |
be issued a driver's license under Chapter 4507. of the Revised | 2817 |
Code during the period of the suspension. | 2818 |
(F) The offender shall provide the court with proof of | 2819 |
financial responsibility as defined in section 4509.01 of the | 2820 |
Revised Code. If the offender fails to provide that proof of | 2821 |
financial responsibility, then, in addition to any other penalties | 2822 |
provided by law, the court may order restitution pursuant to | 2823 |
section 2929.28 of the Revised Code in an amount not exceeding | 2824 |
five thousand dollars for any economic loss arising from an | 2825 |
accident or collision that was the direct and proximate result of | 2826 |
the offender's operation of the vehicle before, during, or after | 2827 |
committing the offense that is a misdemeanor of the first degree | 2828 |
under this section for which the offender is sentenced. | 2829 |
Sec. 4510.16. (A) No person, whose driver's or commercial | 2851 |
driver's license or temporary instruction permit or nonresident's | 2852 |
operating privilege has been suspended or canceled pursuant to | 2853 |
Chapter 4509. of the Revised Code, shall operate any motor vehicle | 2854 |
within this state, or knowingly permit any motor vehicle owned by | 2855 |
the person to be operated by another person in the state, during | 2856 |
the period of the suspension or cancellation, except as | 2857 |
specifically authorized by Chapter 4509. of the Revised Code. No | 2858 |
person shall operate a motor vehicle within this state, or | 2859 |
knowingly permit any motor vehicle owned by the person to be | 2860 |
operated by another person in the state, during the period in | 2861 |
which the person is required by section 4509.45 of the Revised | 2862 |
Code to file and maintain proof of financial responsibility for a | 2863 |
violation of section 4509.101 of the Revised Code, unless proof of | 2864 |
financial responsibility is maintained with respect to that | 2865 |
vehicle. | 2866 |
(C) Upon the request or motion of the prosecuting authority, | 2874 |
a noncertified copy of the law enforcement automated data system | 2875 |
report or a noncertified copy of a record of the registrar of | 2876 |
motor vehicles that shows the name, date of birth, and social | 2877 |
security number of a person charged with a violation of division | 2878 |
(A) or (B) of this section may be admitted into evidence as | 2879 |
prima-facie evidence that the license of the person was under | 2880 |
either a financial responsibility law suspension at the time of | 2881 |
the alleged violation of division (A) of this section or a | 2882 |
nonpayment of judgment suspension at the time of the alleged | 2883 |
violation of division (B) of this section. The person charged with | 2884 |
a violation of division (A) or (B) of this section may offer | 2885 |
evidence to rebut this prima-facie evidence. | 2886 |
(1) Except as otherwise provided in this division (D)(2) of | 2894 |
this section, the offense is an unclassified misdemeanor. When the | 2895 |
offense is an unclassified misdemeanor, the offender shall be | 2896 |
sentenced pursuant to sections 2929.21 to 2929.28 of the Revised | 2897 |
Code, except that the offender shall not be sentenced to a jail | 2898 |
term; the offender shall not be sentenced to a community | 2899 |
residential sanction pursuant to section 2929.26 of the Revised | 2900 |
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the | 2901 |
Revised Code, the offender may be fined up to one thousand | 2902 |
dollars; and, notwithstanding division (A)(3) of section 2929.27 | 2903 |
of the Revised Code, the offender may be ordered pursuant to | 2904 |
division (B)(C) of that section to serve a term of community | 2905 |
service of up to five hundred hours. IfThe failure of an offender | 2906 |
to complete a term of community service imposed by the court may | 2907 |
be punished as indirect criminal contempt under division (A) of | 2908 |
section 2705.02 of the Revised Code that may be filed in the | 2909 |
underlying case. | 2910 |
(E) The offender shall provide the court with proof of | 2917 |
financial responsibility as defined in section 4509.01 of the | 2918 |
Revised Code. If the offender fails to provide that proof of | 2919 |
financial responsibility, then, in addition to any other penalties | 2920 |
provided by law, the court may order restitution pursuant to | 2921 |
section 2929.28 of the Revised Code in an amount not exceeding | 2922 |
five thousand dollars for any economic loss arising from an | 2923 |
accident or collision that was the direct and proximate result of | 2924 |
the offender's operation of the vehicle before, during, or after | 2925 |
committing the offense for which the offender is sentenced under | 2926 |
this section. | 2927 |
(2)(G)(1) If the vehicle is registered in the offender's name | 2933 |
and
division (B)(3) of this section does not applyif, within | 2934 |
three years of the offense, the offender previously has been | 2935 |
convicted of or pleaded guilty to one violation of division (A) or | 2936 |
(B) of this section or section 4510.11 or 4510.111 of the Revised | 2937 |
Code or a substantially equivalent municipal ordinance, the court, | 2938 |
in addition to or independent of any other sentence that it | 2939 |
imposes upon the offender, may order the immobilization for no | 2940 |
more than thirty days of the vehicle involved in the offense and | 2941 |
the impoundment for no more than thirty days of the license plates | 2942 |
of that vehicle in accordance with section 4503.233 of the Revised | 2943 |
Code. | 2944 |
(3)(2) If the vehicle is registered in the offender's name | 2945 |
and if, within fivethree years of the offense, the offender has | 2946 |
been convicted of or pleaded guilty to one violationtwo | 2947 |
violations of division (A) or (B) of this section or
section | 2948 |
4510.11 or 4510.111 of the Revised Code, or any combination of two | 2949 |
violations of this section or section 4510.11 or 4510.111 of the | 2950 |
Revised Code, or a substantially similar municipal ordinance, the | 2951 |
court, in addition to or independent of any other sentence that it | 2952 |
imposes on the offender, shallmay order the immobilization for | 2953 |
sixty days of the vehicle involved in the offense and the | 2954 |
impoundment for sixty days of the license plates of that vehicle | 2955 |
in accordance with section 4503.233 of the Revised Code. | 2956 |
(3) If the vehicle is registered in the offender's name and | 2957 |
if, within fivethree years of the offense, the offender has been | 2958 |
convicted of or pleaded guilty to twothree or more violations of | 2959 |
this section or
section 4510.11 or 4510.111 of the Revised Code, | 2960 |
or any combination of three or more violations of this section or | 2961 |
section 4510.11 or 4510.111 of the Revised Code, or a | 2962 |
substantially similar municipal ordinance, the court, in addition | 2963 |
to or independent of any other sentence that it imposes upon the | 2964 |
offender, shallmay order the criminal forfeiture to the state of | 2965 |
the vehicle involved in the offense. If title to a motor vehicle | 2966 |
that is subject to an order for criminal forfeiture under this | 2967 |
division is assigned or transferred and division (B)(2) or (3) of | 2968 |
section 4503.234 of the Revised Code applies, in addition to or | 2969 |
independent of any other penalty established by law, the court may | 2970 |
fine the offender the value of the vehicle as determined by | 2971 |
publications of the national autoautomobile dealers association. | 2972 |
The proceeds from any fine so imposed shall be distributed in | 2973 |
accordance with division (C)(2) of that section. | 2974 |
(I) An order for criminal forfeiture under this section shall | 2983 |
be issued and enforced under section 4503.234 of the Revised Code. | 2984 |
Upon receipt of a copy of the order from the court, neither the | 2985 |
registrar of motor vehicles nor a deputy registrar shall accept | 2986 |
any application for the registration or transfer of registration | 2987 |
of any motor vehicle owned or leased by the person named in the | 2988 |
declaration of forfeiture. The period of registration denial shall | 2989 |
be five years after the date of the order unless, during that | 2990 |
period, the court having jurisdiction of the offense that led to | 2991 |
the order terminates the forfeiture and notifies the registrar of | 2992 |
the termination. The registrar then shall take the necessary | 2993 |
measures to permit the person to register a vehicle owned or | 2994 |
leased by the person or to transfer registration of the vehicle. | 2995 |
(B)(1) If a person is convicted of or pleads guilty to a | 3003 |
violation of a municipal ordinance that is substantially | 3004 |
equivalent to division (A) of section 4510.16 of the Revised Code, | 3005 |
if the vehicle the offender was operating at the time of the | 3006 |
offense is registered in the offender's name, and if division | 3007 |
(B)(2) of this section does not apply, the court, in addition to | 3008 |
or independent of any sentence that it imposes upon the offender | 3009 |
for the offense, may order the immobilization for not more than | 3010 |
thirty days of the vehicle the offender was operating at the time | 3011 |
of the offense and the impoundment for not more than thirty days | 3012 |
of the identification license plates of that vehicle. | 3013 |
(2) If a person is convicted of or pleads guilty to a | 3014 |
violation of a municipal ordinance that is substantially | 3015 |
equivalent to division (A) of section 4510.16 of the Revised Code | 3016 |
and if, within five years of the current offense, the offender has | 3017 |
been convicted of or pleaded guilty to one or more violations of | 3018 |
division (A) of section 4510.16 or former division (B)(1) of | 3019 |
section 4507.02 of the Revised Code or a municipal ordinance that | 3020 |
is substantially equivalent to either
divisionof those divisions, | 3021 |
the court, in addition to or independent of any sentence that it | 3022 |
imposes upon the offender for the offense, shallmay do whichever | 3023 |
of the following is applicable: | 3024 |
(a)(1) If the vehicle is registered in the offender's name | 3025 |
and if, within three years of the current offense, the offender | 3026 |
previously has been convicted of or pleaded guilty to one | 3027 |
violation of this section or section 4510.11, 4510.111, or 4510.16 | 3028 |
of the Revised Code or a substantially equivalent municipal | 3029 |
ordinance, the court, in addition to or independent of any other | 3030 |
sentence that it imposes upon the offender, may order the | 3031 |
immobilization of the vehicle involved in the offense for thirty | 3032 |
days and the impoundment of that vehicle's license plates for | 3033 |
thirty days in accordance with section 4503.233 of the Revised | 3034 |
Code. | 3035 |
(2) If the vehicle is registered in the offender's name and | 3036 |
if, within fivethree years of the current offense, the offender | 3037 |
previously has been convicted of or pleaded guilty to one such | 3038 |
violationtwo violations of this section or any combination of two | 3039 |
violations of this section or section 4510.11, 4510.111, or | 3040 |
4510.16 of the Revised Code, or a substantially equivalent | 3041 |
municipal ordinance, the court
shall, in addition to or | 3042 |
independent of any other sentence that it imposes upon the | 3043 |
offender, may order the immobilization for sixty days of the | 3044 |
vehicle the offender was operating at the time ofinvolved in the | 3045 |
offense and the impoundment of that vehicle's license plates for | 3046 |
sixty days of the identification license plates of that vehiclein | 3047 |
accordance with section 4503.233 of the Revised Code. | 3048 |
(b)(3) If the vehicle is registered in the offender's name | 3049 |
and if, within fivethree years of the current offense, the | 3050 |
offender previously has been convicted of or pleaded guilty to two | 3051 |
three or more such violations of this section or any combination | 3052 |
of three or more violations of this section or section 4510.11, | 3053 |
4510.111, or 4510.16 of the Revised Code, or a substantially | 3054 |
equivalent municipal ordinance, the court shallmay order the | 3055 |
criminal forfeiture to the state of the vehicle the offender was | 3056 |
operating at the time of the offense. If title to a motor vehicle | 3057 |
that is subject to an order for criminal forfeiture under this | 3058 |
division is assigned or transferred and division (B)(2) or (3) of | 3059 |
section 4503.234 of the Revised Code applies, in addition to or | 3060 |
independent of any other penalty established by law, the court may | 3061 |
fine the offender the value of the motor vehicle as determined by | 3062 |
publications of the national automobile dealers association. The | 3063 |
proceeds from any fine so imposed shall be distributed in | 3064 |
accordance with division (C)(2) of that section. | 3065 |
(1) If, within fivesix years of the current offense, the | 3074 |
offender has not been convicted of or pleaded guilty to a | 3075 |
violation of section 4510.14 or former division (D)(2) of section | 3076 |
4507.02 of the Revised Code or a municipal ordinance that is | 3077 |
substantially equivalent to that section or former division, the | 3078 |
court shall order the immobilization for thirty days of the | 3079 |
vehicle the offender was operating at the time ofinvolved in the | 3080 |
offense and the impoundment for thirty days of the
identification | 3081 |
license plates of that vehicle in accordance with section 4503.233 | 3082 |
of the Revised Code. | 3083 |
(2) If, within fivesix years of the current offense, the | 3084 |
offender has been convicted of or pleaded guilty to one violation | 3085 |
of section 4510.14 or former division (D)(2) of section 4507.02 of | 3086 |
the Revised Code or a municipal ordinance that is substantially | 3087 |
equivalent to that section or former division, the court shall | 3088 |
order the immobilization for sixty days of the vehicle the | 3089 |
offender was operating at the time ofinvolved in the offense and | 3090 |
the impoundment for sixty days of the identification license | 3091 |
plates of that vehicle in accordance with section 4503.233 of the | 3092 |
Revised Code. | 3093 |
(D) An order of criminal forfeiture issued pursuant to this | 3101 |
section shall be issued and enforced in accordance with section | 3102 |
4503.234 of the Revised Code. An order for the immobilization and | 3103 |
impoundment of a vehicle issued pursuant tounder this section | 3104 |
shall be issued and enforced in accordance with
sectionsections | 3105 |
4503.233 and 4507.02 of the Revised Code, as applicable. The court | 3106 |
shall not release a vehicle from immobilization ordered under this | 3107 |
section unless the court is presented with current proof of | 3108 |
financial responsibility with respect to that vehicle. | 3109 |
(E) An order for criminal forfeiture of a vehicle under this | 3110 |
section shall be issued and enforced under section 4503.234 of the | 3111 |
Revised Code. Upon receipt of a copy of the order from the court, | 3112 |
neither the registrar of motor vehicles nor a deputy registrar | 3113 |
shall accept any application for the registration or transfer of | 3114 |
registration of any motor vehicle owned or leased by the person | 3115 |
named in the declaration of forfeiture. The period of registration | 3116 |
denial shall be five years after the date of the order unless, | 3117 |
during that period, the court having jurisdiction of the offense | 3118 |
that led to the order terminates the forfeiture and notifies the | 3119 |
registrar of the termination. The registrar then shall take the | 3120 |
necessary measures to permit the person to register a vehicle | 3121 |
owned or leased by the person or to transfer registration of the | 3122 |
vehicle. | 3123 |
Sec. 4510.21. (A) No person whose driver's license, | 3124 |
commercial driver's license, temporary instruction permit, or | 3125 |
nonresident's operating privilege has been suspended shall operate | 3126 |
any motor vehicle upon a public road or highway or any public or | 3127 |
private property after the suspension has expired unless the | 3128 |
person has complied with all license reinstatement requirements | 3129 |
imposed by the court, the bureau of motor vehicles, or another | 3130 |
provision of the Revised Code. | 3131 |
(B) Upon the request or motion of the prosecuting authority, | 3132 |
a noncertified copy of the law enforcement automated data system | 3133 |
report or a noncertified copy of a record of the registrar of | 3134 |
motor vehicles that shows the name, date of birth, and social | 3135 |
security number of a person charged with a violation of division | 3136 |
(A) of this section may be admitted into evidence as prima-facie | 3137 |
evidence that the license of the person had not been reinstated by | 3138 |
the person at the time of the alleged violation of division (A) of | 3139 |
this section. The person charged with a violation of division (A) | 3140 |
of this section may offer evidence to rebut this prima-facie | 3141 |
evidence. | 3142 |
(1) Except as provided in division (C)(2) of this section, | 3145 |
whoever violates division (A) of this section is guilty of an | 3146 |
unclassified misdemeanor. When the offense is an unclassified | 3147 |
misdemeanor, the offender shall be sentenced pursuant to sections | 3148 |
2929.21 to 2929.28 of the Revised Code, except that the offender | 3149 |
shall not be sentenced to a jail term; the offender shall not be | 3150 |
sentenced to a community residential sanction pursuant to section | 3151 |
2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of | 3152 |
section 2929.28 of the Revised Code, the offender may be fined up | 3153 |
to one thousand dollars; and, notwithstanding division (A)(3) of | 3154 |
section 2929.27 of the Revised Code, the offender may be ordered | 3155 |
pursuant to division (C) of that section to serve a term of | 3156 |
community service of up to five hundred hours. The failure of an | 3157 |
offender to complete a term of community service imposed by the | 3158 |
court may be punished as indirect criminal contempt under division | 3159 |
(A) of section 2705.02 of the Revised Code that may be filed in | 3160 |
the underlying case. | 3161 |
Sec. 4510.22. (A) If a person who has a current valid Ohio | 3173 |
driver's, commercial driver's license, or temporary instruction | 3174 |
permit is charged with a violation of any provision in sections | 3175 |
4503.11, 4503.12, 4503.182, 4503.21, 4507.02, 4507.05, 4507.35, | 3176 |
4510.11, 4510.111, 4510.12, 4510.16, 4510.21, 4511.01 to 4511.76, | 3177 |
4511.81, 4511.82, 4511.84, 4513.01 to 4513.65, or 4549.01 to | 3178 |
4549.65 of the Revised Code that is classified as a misdemeanor of | 3179 |
the first, second, third, or fourth degree or with a violation of | 3180 |
any substantially equivalent municipal ordinance and if the person | 3181 |
either fails to appear in court at the required time and place to | 3182 |
answer the charge or pleads guilty to or is found guilty of the | 3183 |
violation and fails within the time allowed by the court to pay | 3184 |
the fine imposed by the court, the court shallmay declare the | 3185 |
forfeiture of the person's license. Thirty days after thesuch a | 3186 |
declaration of forfeiture, the court shall inform the registrar of | 3187 |
motor vehicles of the forfeiture by entering information relative | 3188 |
to the forfeiture on a form approved and furnished by the | 3189 |
registrar and sending the form to the registrar. The court also | 3190 |
shall forward the person's license, if it is in the possession of | 3191 |
the court, to the registrar. | 3192 |
The registrar shall impose a class F suspension of the | 3193 |
person's driver's or commercial driver's license, or temporary | 3194 |
instruction permit for the period of time specified in division | 3195 |
(B)(6) of section 4510.02 of the Revised Code on any person who is | 3196 |
named in a declaration received by the registrar under this | 3197 |
section. The registrar shall send written notification of the | 3198 |
suspension to the person at the person's last known address and, | 3199 |
if the person is in possession of the license, order the person to | 3200 |
surrender the person's license or permit to the registrar within | 3201 |
forty-eight hours. | 3202 |
No valid driver's or commercial driver's license shall be | 3203 |
granted to the person after the suspension, unless the court | 3204 |
having jurisdiction of the offense that led to the suspension | 3205 |
orders that the forfeiture be terminated. The court shall order | 3206 |
the termination of the forfeiture if the person thereafter appears | 3207 |
to answer the charge and pays any fine imposed by the court or | 3208 |
pays the fine originally imposed by the court. The court shall | 3209 |
inform the registrar of the termination of the forfeiture by | 3210 |
entering information relative to the termination on a form | 3211 |
approved and furnished by the registrar and sending the form to | 3212 |
the registrar. The person shall pay to the registrar of motor | 3213 |
vehicles or an eligible deputy registrar a twenty-five-dollar | 3214 |
reinstatement fee. In addition, each deputy registrar shall | 3215 |
collect a service fee of ten dollars to compensate the deputy | 3216 |
registrar for services performed under this section. The deputy | 3217 |
registrar shall retain eight dollars of the service fee and shall | 3218 |
transmit the reinstatement fee, plus two dollars of the service | 3219 |
fee, to the registrar in the manner the registrar shall determine. | 3220 |
The registrar shall deposit fifteen dollars of the reinstatement | 3221 |
fee into the state treasury to the credit of the state bureau of | 3222 |
motor vehicles fund created by section 4501.25 of the Revised Code | 3223 |
to cover the costs of the bureau in administering this section and | 3224 |
shall deposit ten dollars of the fee into the state treasury to | 3225 |
the credit of the indigent defense support fund created by section | 3226 |
120.08 of the Revised Code. | 3227 |
(B) In addition to suspending the driver's or commercial | 3228 |
driver's license or permit of the person named in a declaration of | 3229 |
forfeiture, the registrar, upon receipt from the court of the copy | 3230 |
of the declaration of forfeiture, shall take any measures that may | 3231 |
be necessary to ensure that neither the registrar nor any deputy | 3232 |
registrar accepts any application for the registration or transfer | 3233 |
of registration of any motor vehicle owned or leased by the person | 3234 |
named in the declaration of forfeiture. However, for a motor | 3235 |
vehicle leased by a person named in a declaration of forfeiture, | 3236 |
the registrar shall not implement the preceding sentence until the | 3237 |
registrar adopts procedures for that implementation under section | 3238 |
4503.39 of the Revised Code. The period of denial of registration | 3239 |
or transfer shall continue until such time as the court having | 3240 |
jurisdiction of the offense that led to the suspension orders the | 3241 |
forfeiture be terminated. Upon receipt by the registrar of an | 3242 |
order terminating the forfeiture, the registrar also shall take | 3243 |
any measures that may be necessary to permit the person to | 3244 |
register a motor vehicle owned or leased by the person or to | 3245 |
transfer the registration of such a motor vehicle, if the person | 3246 |
later makes application to take such action and otherwise is | 3247 |
eligible to register the motor vehicle or to transfer its | 3248 |
registration. | 3249 |
(B)(1) If a person is arrested for a violation of section | 3283 |
4510.14 or 4511.203 of the Revised Code or a municipal ordinance | 3284 |
that is substantially equivalent to either of those sections or if | 3285 |
a person is arrested for a violation of section 4510.16 of the | 3286 |
Revised Code or a municipal ordinance that is substantially | 3287 |
equivalent to that section and if division (B)(3)(G)(2) of section | 3288 |
4510.16 or division (B)(2) of section 4510.161 of the Revised Code | 3289 |
applies, the arresting officer or another officer of the law | 3290 |
enforcement agency that employs the arresting officer, in addition | 3291 |
to any action that the arresting officer is required or authorized | 3292 |
to take by any other provision of law, shall seize the vehicle | 3293 |
that the person was operating at the time of, or that was involved | 3294 |
in, the alleged offense if the vehicle is registered in the | 3295 |
arrested person's name and its license plates. A law enforcement | 3296 |
agency that employs a law enforcement officer who makes an arrest | 3297 |
of a type that is described in this division and that involves a | 3298 |
rented or leased vehicle that is being rented or leased for a | 3299 |
period of thirty days or less shall notify, within twenty-four | 3300 |
hours after the officer makes the arrest, the lessor or owner of | 3301 |
the vehicle regarding the circumstances of the arrest and the | 3302 |
location at which the vehicle may be picked up. At the time of the | 3303 |
seizure of the vehicle, the law enforcement officer who made the | 3304 |
arrest shall give the arrested person written notice that the | 3305 |
vehicle and its license plates have been seized; that the vehicle | 3306 |
either will be kept by the officer's law enforcement agency or | 3307 |
will be immobilized at least until the person's initial appearance | 3308 |
on the charge of the offense for which the arrest was made; that, | 3309 |
at the initial appearance, the court in certain circumstances may | 3310 |
order that the vehicle and license plates be released to the | 3311 |
arrested person until the disposition of that charge; that, if the | 3312 |
arrested person is convicted of that charge, the court generally | 3313 |
must order the immobilization of the vehicle and the impoundment | 3314 |
of its license plates or the forfeiture of the vehicle; and that | 3315 |
the arrested person may be charged expenses or charges incurred | 3316 |
under this section and section 4503.233 of the Revised Code for | 3317 |
the removal and storage of the vehicle. | 3318 |
(2) The arresting officer or a law enforcement officer of the | 3319 |
agency that employs the arresting officer shall give written | 3320 |
notice of the seizure under division (B)(1) of this section to the | 3321 |
court that will conduct the initial appearance of the arrested | 3322 |
person on the charges arising out of the arrest. Upon receipt of | 3323 |
the notice, the court promptly shall determine whether the | 3324 |
arrested person is the vehicle owner. If the court determines that | 3325 |
the arrested person is not the vehicle owner, it promptly shall | 3326 |
send by regular mail written notice of the seizure to the | 3327 |
vehicle's registered owner. The written notice shall contain all | 3328 |
of the information required by division (B)(1) of this section to | 3329 |
be in a notice to be given to the arrested person and also shall | 3330 |
specify the date, time, and place of the arrested person's initial | 3331 |
appearance. The notice also shall inform the vehicle owner that if | 3332 |
title to a motor vehicle that is subject to an order for criminal | 3333 |
forfeiture under this section is assigned or transferred and | 3334 |
division (B)(2) or (3) of section 4503.234 of the Revised Code | 3335 |
applies, the court may fine the arrested person the value of the | 3336 |
vehicle. The notice also shall state that if the vehicle is | 3337 |
immobilized under division (A) of section 4503.233 of the Revised | 3338 |
Code, seven days after the end of the period of immobilization a | 3339 |
law enforcement agency will send the vehicle owner a notice, | 3340 |
informing the owner that if the release of the vehicle is not | 3341 |
obtained in accordance with division (D)(3) of section 4503.233 of | 3342 |
the Revised Code, the vehicle shall be forfeited. The notice also | 3343 |
shall inform the vehicle owner that the owner may be charged | 3344 |
expenses or charges incurred under this section and section | 3345 |
4503.233 of the Revised Code for the removal and storage of the | 3346 |
vehicle. | 3347 |
(3) At or before the initial appearance, the vehicle owner | 3355 |
may file a motion requesting the court to order that the vehicle | 3356 |
and its license plates be released to the vehicle owner. Except as | 3357 |
provided in this division and subject to the payment of expenses | 3358 |
or charges incurred in the removal and storage of the vehicle, the | 3359 |
court, in its discretion, then may issue an order releasing the | 3360 |
vehicle and its license plates to the vehicle owner. Such an order | 3361 |
may be conditioned upon such terms as the court determines | 3362 |
appropriate, including the posting of a bond in an amount | 3363 |
determined by the court. If the arrested person is not the vehicle | 3364 |
owner and if the vehicle owner is not present at the arrested | 3365 |
person's initial appearance, and if the court believes that the | 3366 |
vehicle owner was not provided with adequate notice of the initial | 3367 |
appearance, the court, in its discretion, may allow the vehicle | 3368 |
owner to file a motion within seven days of the initial | 3369 |
appearance. If the court allows the vehicle owner to file such a | 3370 |
motion after the initial appearance, the extension of time granted | 3371 |
by the court does not extend the time within which the initial | 3372 |
appearance is to be conducted. If the court issues an order for | 3373 |
the release of the vehicle and its license plates, a copy of the | 3374 |
order shall be made available to the vehicle owner. If the vehicle | 3375 |
owner presents a copy of the order to the law enforcement agency | 3376 |
that employs the law enforcement officer who arrested the arrested | 3377 |
person, the law enforcement agency promptly shall release the | 3378 |
vehicle and its license plates to the vehicle owner upon payment | 3379 |
by the vehicle owner of any expenses or charges incurred in the | 3380 |
removal or storage of the vehicle. | 3381 |
(4) A vehicle seized under division (B)(1) of this section | 3382 |
either shall be towed to a place specified by the law enforcement | 3383 |
agency that employs the arresting officer to be safely kept by the | 3384 |
agency at that place for the time and in the manner specified in | 3385 |
this section or shall be otherwise immobilized for the time and in | 3386 |
the manner specified in this section. A law enforcement officer of | 3387 |
that agency shall remove the identification license plates of the | 3388 |
vehicle, and they shall be safely kept by the agency for the time | 3389 |
and in the manner specified in this section. No vehicle that is | 3390 |
seized and either towed or immobilized pursuant to this division | 3391 |
shall be considered contraband for purposes of Chapter 2981. of | 3392 |
the Revised Code. The vehicle shall not be immobilized at any | 3393 |
place other than a commercially operated private storage lot, a | 3394 |
place owned by a law enforcement or other government agency, or a | 3395 |
place to which one of the following applies: | 3396 |
(C)(1) A vehicle seized under division (B)(1) of this section | 3408 |
shall be safely kept at the place to which it is towed or | 3409 |
otherwise moved by the law enforcement agency that employs the | 3410 |
arresting officer until the initial appearance of the arrested | 3411 |
person relative to the charge in question. The license plates of | 3412 |
the vehicle that are removed pursuant to division (B)(1) of this | 3413 |
section shall be safely kept by the law enforcement agency that | 3414 |
employs the arresting officer until at least the initial | 3415 |
appearance of the arrested person relative to the charge in | 3416 |
question. | 3417 |
(2)(a) At the initial appearance or not less than seven days | 3418 |
prior to the date of final disposition, the court shall notify the | 3419 |
arrested person that, if title to a motor vehicle that is subject | 3420 |
to an order for criminal forfeiture under this section is assigned | 3421 |
or transferred and division (B)(2) or (3) of section 4503.234 of | 3422 |
the Revised Code applies, the court may fine the arrested person | 3423 |
the value of the vehicle. If, at the initial appearance, the | 3424 |
arrested person pleads guilty to the violation of section 4510.14, | 3425 |
4510.16, or 4511.203 of the Revised Code, or a municipal ordinance | 3426 |
that is substantially equivalent to any of those sections or | 3427 |
pleads no contest to and is convicted of the violation, the | 3428 |
following sentencing provisions apply: | 3429 |
(i) If the person violated section 4510.14 orof the Revised | 3430 |
Code or a municipal ordinance that is substantially equivalent to | 3431 |
that section, the court shall impose sentence upon the person as | 3432 |
provided by law or ordinance; the court shall order the | 3433 |
immobilization of the vehicle the arrested person was operating at | 3434 |
the time of, or that was involved in, the offense if registered in | 3435 |
the arrested person's name and the impoundment of its license | 3436 |
plates under sections 4503.233 and 4510.14 of the Revised Code or | 3437 |
the criminal forfeiture to the state of the vehicle if registered | 3438 |
in the arrested person's name under sections 4503.234 and 4510.14 | 3439 |
of the Revised Code, whichever is applicable; and the vehicle and | 3440 |
its license plates shall not be returned or released to the | 3441 |
arrested person. | 3442 |
If the person violated section 4511.203 of the Revised Code | 3443 |
or a municipal ordinance that is substantially equivalent to | 3444 |
either of those sectionsthat section, or violated section 4510.16 | 3445 |
of the Revised Code or a municipal ordinance that is substantially | 3446 |
equivalent to that section and division (B)(3)(G)(2) of section | 3447 |
4510.16 or division (B)(2) of section 4510.161 of the Revised Code | 3448 |
applies, the court shall impose sentence upon the person as | 3449 |
provided by law or ordinance; the court shallmay order the | 3450 |
immobilization of the vehicle the arrested person was operating at | 3451 |
the time of, or that was involved in, the offense if registered in | 3452 |
the arrested person's name and the impoundment of its license | 3453 |
plates under section 4503.233 and section 4510.14, 4510.16, | 3454 |
4510.161, or 4511.203 of the Revised Code or the criminal | 3455 |
forfeiture to the state of the vehicle if registered in the | 3456 |
arrested person's name under section 4503.234 and section 4510.14, | 3457 |
4510.16, 4510.161, or 4511.203 of the Revised Code, whichever is | 3458 |
applicable; and the vehicle and its license plates shall not be | 3459 |
returned or released to the arrested person. | 3460 |
(ii) If the person violated section 4510.16 of the Revised | 3461 |
Code or a municipal ordinance that is substantially equivalent to | 3462 |
that section and division (B)(2)(G)(1) of section 4510.16 or | 3463 |
division (B)(1) of section 4510.161 applies, the court shall | 3464 |
impose sentence upon the person as provided by law or ordinance | 3465 |
and may order the immobilization of the vehicle the person was | 3466 |
operating at the time of, or that was involved in, the offense if | 3467 |
it is registered in the arrested person's name and the impoundment | 3468 |
of its license plates under section 4503.233 and section 4510.16 | 3469 |
or 4510.161 of the Revised Code, and the vehicle and its license | 3470 |
plates shall not be returned or released to the arrested person. | 3471 |
(1) If the arrested person is convicted of or pleads guilty | 3485 |
to the violation of section 4510.14 orof the Revised Code or a | 3486 |
municipal ordinance that is substantially equivalent to that | 3487 |
section, the court shall impose sentence upon the person as | 3488 |
provided by law or ordinance and shall order the immobilization of | 3489 |
the vehicle the person was operating at the time of, or that was | 3490 |
involved in, the offense if it is registered in the arrested | 3491 |
person's name and the impoundment of its license plates under | 3492 |
sections 4503.233 and 4510.14 of the Revised Code or the criminal | 3493 |
forfeiture of the vehicle if it is registered in the arrested | 3494 |
person's name under sections 4503.234 and 4510.14 of the Revised | 3495 |
Code, whichever is applicable. | 3496 |
If the arrested person is convicted of or pleads guilty to | 3497 |
the violation of section 4511.203 of the Revised Code, or a | 3498 |
municipal ordinance that is substantially equivalent to either of | 3499 |
those sectionsthat section, or to the violation of section | 3500 |
4510.16 of the Revised Code or a municipal ordinance that is | 3501 |
substantially equivalent to that section and division (B)(3)(F)(2) | 3502 |
of section 4510.16 or division (B)(2) of section 4510.161 of the | 3503 |
Revised Code applies, the court shall impose sentence upon the | 3504 |
person as provided by law or ordinance and shallmay order the | 3505 |
immobilization of the vehicle the person was operating at the time | 3506 |
of, or that was involved in, the offense if it is registered in | 3507 |
the arrested person's name and the impoundment of its license | 3508 |
plates under section 4503.233 and section 4510.14, 4510.16, | 3509 |
4510.161, or 4511.203 of the Revised Code or the criminal | 3510 |
forfeiture of the vehicle if it is registered in the arrested | 3511 |
person's name under section 4503.234 and section 4510.14, 4510.16, | 3512 |
4510.161, or 4511.203 of the Revised Code, whichever is | 3513 |
applicable. | 3514 |
(2) If the person violated section 4510.16 of the Revised | 3515 |
Code or a municipal ordinance that is substantially equivalent to | 3516 |
that section and division (B)(2)(G)(1) of section 4510.16 or | 3517 |
division (B)(1) of section 4510.161 applies, the court shall | 3518 |
impose sentence upon the person as provided by law or ordinance | 3519 |
and may order the immobilization of the vehicle the person was | 3520 |
operating at the time of, or that was involved in, the offense if | 3521 |
it is registered in the person's name and the impoundment of its | 3522 |
license plates under section 4503.233 and section 4510.16 or | 3523 |
4510.161 of the Revised Code. | 3524 |
(F)(1) Except as provided in division (D)(4) of this section, | 3551 |
the arrested person may be charged expenses or charges incurred in | 3552 |
the removal and storage of the immobilized vehicle. The court with | 3553 |
jurisdiction over the case, after notice to all interested | 3554 |
parties, including lienholders, and after an opportunity for them | 3555 |
to be heard, if the court finds that the arrested person does not | 3556 |
intend to seek release of the vehicle at the end of the period of | 3557 |
immobilization under section 4503.233 of the Revised Code or that | 3558 |
the arrested person is not or will not be able to pay the expenses | 3559 |
and charges incurred in its removal and storage, may order that | 3560 |
title to the vehicle be transferred, in order of priority, first | 3561 |
into the name of the person or entity that removed it, next into | 3562 |
the name of a lienholder, or lastly into the name of the owner of | 3563 |
the place of storage. | 3564 |
Any lienholder that receives title under a court order shall | 3565 |
do so on the condition that it pay any expenses or charges | 3566 |
incurred in the vehicle's removal and storage. If the person or | 3567 |
entity that receives title to the vehicle is the person or entity | 3568 |
that removed it, the person or entity shall receive title on the | 3569 |
condition that it pay any lien on the vehicle. The court shall not | 3570 |
order that title be transferred to any person or entity other than | 3571 |
the owner of the place of storage if the person or entity refuses | 3572 |
to receive the title. Any person or entity that receives title | 3573 |
either may keep title to the vehicle or may dispose of the vehicle | 3574 |
in any legal manner that it considers appropriate, including | 3575 |
assignment of the certificate of title to the motor vehicle to a | 3576 |
salvage dealer or a scrap metal processing facility. The person or | 3577 |
entity shall not transfer the vehicle to the person who is the | 3578 |
vehicle's immediate previous owner. | 3579 |
If the person or entity that receives title assigns the motor | 3580 |
vehicle to a salvage dealer or scrap metal processing facility, | 3581 |
the person or entity shall send the assigned certificate of title | 3582 |
to the motor vehicle to the clerk of the court of common pleas of | 3583 |
the county in which the salvage dealer or scrap metal processing | 3584 |
facility is located. The person or entity shall mark the face of | 3585 |
the certificate of title with the words "FOR DESTRUCTION" and | 3586 |
shall deliver a photocopy of the certificate of title to the | 3587 |
salvage dealer or scrap metal processing facility for its records. | 3588 |
(3) Prior to initiating a proceeding under division (F)(1) of | 3595 |
this section, and upon payment of the fee under division (B) of | 3596 |
section 4505.14, any interested party may cause a search to be | 3597 |
made of the public records of the bureau of motor vehicles or the | 3598 |
clerk of the court of common pleas, to ascertain the identity of | 3599 |
any lienholder of the vehicle. The initiating party shall furnish | 3600 |
this information to the clerk of the court with jurisdiction over | 3601 |
the case, and the clerk shall provide notice to the arrested | 3602 |
person, any lienholder, and any other interested parties listed by | 3603 |
the initiating party, at the last known address supplied by the | 3604 |
initiating party, by certified mail, or, at the option of the | 3605 |
initiating party, by personal service or ordinary mail. | 3606 |
(I) The person is under the influence of alcohol, a drug of | 3691 |
abuse, or a combination of them, and, as measured by gas | 3692 |
chromatography mass spectrometry, the person has a concentration | 3693 |
of marihuana metabolite in the person's urine of at least fifteen | 3694 |
nanograms of marihuana metabolite per milliliter of the person's | 3695 |
urine or has a concentration of marihuana metabolite in the | 3696 |
person's whole blood or blood serum or plasma of at least five | 3697 |
nanograms of marihuana metabolite per milliliter of the person's | 3698 |
whole blood or blood serum or plasma. | 3699 |
(xi) The state board of pharmacy has adopted a rule pursuant | 3720 |
to section 4729.041 of the Revised Code that specifies the amount | 3721 |
of salvia divinorum and the amount of salvinorin A that constitute | 3722 |
concentrations of salvia divinorum and salvinorin A in a person's | 3723 |
urine, in a person's whole blood, or in a person's blood serum or | 3724 |
plasma at or above which the person is impaired for purposes of | 3725 |
operating any vehicle, streetcar, or trackless trolley within this | 3726 |
state, the rule is in effect, and the person has a concentration | 3727 |
of salvia divinorum or salvinorin A of at least that amount so | 3728 |
specified by rule in the person's urine, in the person's whole | 3729 |
blood, or in the person's blood serum or plasma. | 3730 |
(b) Subsequent to being arrested for operating the vehicle, | 3739 |
streetcar, or trackless trolley as described in division (A)(2)(a) | 3740 |
of this section, being asked by a law enforcement officer to | 3741 |
submit to a chemical test or tests under section 4511.191 of the | 3742 |
Revised Code, and being advised by the officer in accordance with | 3743 |
section 4511.192 of the Revised Code of the consequences of the | 3744 |
person's refusal or submission to the test or tests, refuse to | 3745 |
submit to the test or tests. | 3746 |
(D)(1)(a) In any criminal prosecution or juvenile court | 3769 |
proceeding for a violation of division (A)(1)(a) of this section | 3770 |
or for an equivalent offense that is vehicle-related, the result | 3771 |
of any test of any blood or urine withdrawn and analyzed at any | 3772 |
health care provider, as defined in section 2317.02 of the Revised | 3773 |
Code, may be admitted with expert testimony to be considered with | 3774 |
any other relevant and competent evidence in determining the guilt | 3775 |
or innocence of the defendant. | 3776 |
(b) In any criminal prosecution or juvenile court proceeding | 3777 |
for a violation of division (A) or (B) of this section or for an | 3778 |
equivalent offense that is vehicle-related, the court may admit | 3779 |
evidence on the concentration of alcohol, drugs of abuse, | 3780 |
controlled substances, metabolites of a controlled substance, or a | 3781 |
combination of them in the defendant's whole blood, blood serum or | 3782 |
plasma, breath, urine, or other bodily substance at the time of | 3783 |
the alleged violation as shown by chemical analysis of the | 3784 |
substance withdrawn within three hours of the time of the alleged | 3785 |
violation. The three-hour time limit specified in this division | 3786 |
regarding the admission of evidence does not extend or affect the | 3787 |
two-hour time limit specified in division (A) of section 4511.192 | 3788 |
of the Revised Code as the maximum period of time during which a | 3789 |
person may consent to a chemical test or tests as described in | 3790 |
that section. The court may admit evidence on the concentration of | 3791 |
alcohol, drugs of abuse, or a combination of them as described in | 3792 |
this division when a person submits to a blood, breath, urine, or | 3793 |
other bodily substance test at the request of a law enforcement | 3794 |
officer under section 4511.191 of the Revised Code or a blood or | 3795 |
urine sample is obtained pursuant to a search warrant. Only a | 3796 |
physician, a registered nurse, an emergency medical | 3797 |
technician-intermediate, an emergency medical | 3798 |
technician-paramedic, or a qualified technician, chemist, or | 3799 |
phlebotomist shall withdraw a blood sample for the purpose of | 3800 |
determining the alcohol, drug, controlled substance, metabolite of | 3801 |
a controlled substance, or combination content of the whole blood, | 3802 |
blood serum, or blood plasma. This limitation does not apply to | 3803 |
the taking of breath or urine specimens. A person authorized to | 3804 |
withdraw blood under this division may refuse to withdraw blood | 3805 |
under this division, if in that person's opinion, the physical | 3806 |
welfare of the person would be endangered by the withdrawing of | 3807 |
blood. | 3808 |
(2) In a criminal prosecution or juvenile court proceeding | 3818 |
for a violation of division (A) of this section or for an | 3819 |
equivalent offense that is vehicle-related, if there was at the | 3820 |
time the bodily substance was withdrawn a concentration of less | 3821 |
than the applicable concentration of alcohol specified in | 3822 |
divisions (A)(1)(b), (c), (d), and (e) of this section or less | 3823 |
than the applicable concentration of a listed controlled substance | 3824 |
or a listed metabolite of a controlled substance specified for a | 3825 |
violation of division (A)(1)(j) of this section, that fact may be | 3826 |
considered with other competent evidence in determining the guilt | 3827 |
or innocence of the defendant. This division does not limit or | 3828 |
affect a criminal prosecution or juvenile court proceeding for a | 3829 |
violation of division (B) of this section or for an equivalent | 3830 |
offense that is substantially equivalent to that division. | 3831 |
If the chemical test was obtained pursuant to division | 3836 |
(D)(1)(b) of this section, the person tested may have a physician, | 3837 |
a registered nurse, or a qualified technician, chemist, or | 3838 |
phlebotomist of the person's own choosing administer a chemical | 3839 |
test or tests, at the person's expense, in addition to any | 3840 |
administered at the request of a law enforcement officer. If the | 3841 |
person was under arrest as described in division (A)(5) of section | 3842 |
4511.191 of the Revised Code, the arresting officer shall advise | 3843 |
the person at the time of the arrest that the person may have an | 3844 |
independent chemical test taken at the person's own expense. If | 3845 |
the person was under arrest other than described in division | 3846 |
(A)(5) of section 4511.191 of the Revised Code, the form to be | 3847 |
read to the person to be tested, as required under section | 3848 |
4511.192 of the Revised Code, shall state that the person may have | 3849 |
an independent test performed at the person's expense. The failure | 3850 |
or inability to obtain an additional chemical test by a person | 3851 |
shall not preclude the admission of evidence relating to the | 3852 |
chemical test or tests taken at the request of a law enforcement | 3853 |
officer. | 3854 |
(b) In any criminal prosecution or juvenile court proceeding | 3860 |
for a violation of division (A) or (B) of this section, of a | 3861 |
municipal ordinance relating to operating a vehicle while under | 3862 |
the influence of alcohol, a drug of abuse, or alcohol and a drug | 3863 |
of abuse, or of a municipal ordinance relating to operating a | 3864 |
vehicle with a prohibited concentration of alcohol, a controlled | 3865 |
substance, or a metabolite of a controlled substance in the whole | 3866 |
blood, blood serum or plasma, breath, or urine, if a law | 3867 |
enforcement officer has administered a field sobriety test to the | 3868 |
operator of the vehicle involved in the violation and if it is | 3869 |
shown by clear and convincing evidence that the officer | 3870 |
administered the test in substantial compliance with the testing | 3871 |
standards for any reliable, credible, and generally accepted field | 3872 |
sobriety tests that were in effect at the time the tests were | 3873 |
administered, including, but not limited to, any testing standards | 3874 |
then in effect that were set by the national highway traffic | 3875 |
safety administration, all of the following apply: | 3876 |
(E)(1) Subject to division (E)(3) of this section, in any | 3895 |
criminal prosecution or juvenile court proceeding for a violation | 3896 |
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) | 3897 |
or (B)(1), (2), (3), or (4) of this section or for an equivalent | 3898 |
offense that is substantially equivalent to any of those | 3899 |
divisions, a laboratory report from any laboratory personnel | 3900 |
issued a permit by the department of health authorizing an | 3901 |
analysis as described in this division that contains an analysis | 3902 |
of the whole blood, blood serum or plasma, breath, urine, or other | 3903 |
bodily substance tested and that contains all of the information | 3904 |
specified in this division shall be admitted as prima-facie | 3905 |
evidence of the information and statements that the report | 3906 |
contains. The laboratory report shall contain all of the | 3907 |
following: | 3908 |
(2) Notwithstanding any other provision of law regarding the | 3926 |
admission of evidence, a report of the type described in division | 3927 |
(E)(1) of this section is not admissible against the defendant to | 3928 |
whom it pertains in any proceeding, other than a preliminary | 3929 |
hearing or a grand jury proceeding, unless the prosecutor has | 3930 |
served a copy of the report on the defendant's attorney or, if the | 3931 |
defendant has no attorney, on the defendant. | 3932 |
(3) A report of the type described in division (E)(1) of this | 3933 |
section shall not be prima-facie evidence of the contents, | 3934 |
identity, or amount of any substance if, within seven days after | 3935 |
the defendant to whom the report pertains or the defendant's | 3936 |
attorney receives a copy of the report, the defendant or the | 3937 |
defendant's attorney demands the testimony of the person who | 3938 |
signed the report. The judge in the case may extend the seven-day | 3939 |
time limit in the interest of justice. | 3940 |
(F) Except as otherwise provided in this division, any | 3941 |
physician, registered nurse, emergency medical | 3942 |
technician-intermediate, emergency medical technician-paramedic, | 3943 |
or qualified technician, chemist, or phlebotomist who withdraws | 3944 |
blood from a person pursuant to this section or section 4511.191 | 3945 |
or 4511.192 of the Revised Code, and any hospital, first-aid | 3946 |
station, or clinic at which blood is withdrawn from a person | 3947 |
pursuant to this section or section 4511.191 or 4511.192 of the | 3948 |
Revised Code, is immune from criminal liability and civil | 3949 |
liability based upon a claim of assault and battery or any other | 3950 |
claim that is not a claim of malpractice, for any act performed in | 3951 |
withdrawing blood from the person. The immunity provided in this | 3952 |
division also extends to an emergency medical service organization | 3953 |
that employs an emergency medical technician-intermediate or | 3954 |
emergency medical technician-paramedic who withdraws blood under | 3955 |
this section. The immunity provided in this division is not | 3956 |
available to a person who withdraws blood if the person engages in | 3957 |
willful or wanton misconduct. | 3958 |
(G)(1) Whoever violates any provision of divisions (A)(1)(a) | 3963 |
to (i) or (A)(2) of this section is guilty of operating a vehicle | 3964 |
under the influence of alcohol, a drug of abuse, or a combination | 3965 |
of them. Whoever violates division (A)(1)(j) of this section is | 3966 |
guilty of operating a vehicle while under the influence of a | 3967 |
listed controlled substance or a listed metabolite of a controlled | 3968 |
substance. The court shall sentence the offender for either | 3969 |
offense under Chapter 2929. of the Revised Code, except as | 3970 |
otherwise authorized or required by divisions (G)(1)(a) to (e) of | 3971 |
this section: | 3972 |
(i) If the sentence is being imposed for a violation of | 3977 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 3978 |
mandatory jail term of three consecutive days. As used in this | 3979 |
division, three consecutive days means seventy-two consecutive | 3980 |
hours. The court may sentence an offender to both an intervention | 3981 |
program and a jail term. The court may impose a jail term in | 3982 |
addition to the three-day mandatory jail term or intervention | 3983 |
program. However, in no case shall the cumulative jail term | 3984 |
imposed for the offense exceed six months. | 3985 |
The court may suspend the execution of the three-day jail | 3986 |
term under this division if the court, in lieu of that suspended | 3987 |
term, places the offender under a community control sanction | 3988 |
pursuant to section 2929.25 of the Revised Code and requires the | 3989 |
offender to attend, for three consecutive days, a drivers' | 3990 |
intervention program certified under section 3793.10 of the | 3991 |
Revised Code. The court also may suspend the execution of any part | 3992 |
of the three-day jail term under this division if it places the | 3993 |
offender under a community control sanction pursuant to section | 3994 |
2929.25 of the Revised Code for part of the three days, requires | 3995 |
the offender to attend for the suspended part of the term a | 3996 |
drivers' intervention program so certified, and sentences the | 3997 |
offender to a jail term equal to the remainder of the three | 3998 |
consecutive days that the offender does not spend attending the | 3999 |
program. The court may require the offender, as a condition of | 4000 |
community control and in addition to the required attendance at a | 4001 |
drivers' intervention program, to attend and satisfactorily | 4002 |
complete any treatment or education programs that comply with the | 4003 |
minimum standards adopted pursuant to Chapter 3793. of the Revised | 4004 |
Code by the director of alcohol and drug addiction services that | 4005 |
the operators of the drivers' intervention program determine that | 4006 |
the offender should attend and to report periodically to the court | 4007 |
on the offender's progress in the programs. The court also may | 4008 |
impose on the offender any other conditions of community control | 4009 |
that it considers necessary. | 4010 |
(ii) If the sentence is being imposed for a violation of | 4011 |
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 4012 |
section, except as otherwise provided in this division, a | 4013 |
mandatory jail term of at least three consecutive days and a | 4014 |
requirement that the offender attend, for three consecutive days, | 4015 |
a drivers' intervention program that is certified pursuant to | 4016 |
section 3793.10 of the Revised Code. As used in this division, | 4017 |
three consecutive days means seventy-two consecutive hours. If the | 4018 |
court determines that the offender is not conducive to treatment | 4019 |
in a drivers' intervention program, if the offender refuses to | 4020 |
attend a drivers' intervention program, or if the jail at which | 4021 |
the offender is to serve the jail term imposed can provide a | 4022 |
driver's intervention program, the court shall sentence the | 4023 |
offender to a mandatory jail term of at least six consecutive | 4024 |
days. | 4025 |
The court may require the offender, under a community control | 4026 |
sanction imposed under section 2929.25 of the Revised Code, to | 4027 |
attend and satisfactorily complete any treatment or education | 4028 |
programs that comply with the minimum standards adopted pursuant | 4029 |
to Chapter 3793. of the Revised Code by the director of alcohol | 4030 |
and drug addiction services, in addition to the required | 4031 |
attendance at drivers' intervention program, that the operators of | 4032 |
the drivers' intervention program determine that the offender | 4033 |
should attend and to report periodically to the court on the | 4034 |
offender's progress in the programs. The court also may impose any | 4035 |
other conditions of community control on the offender that it | 4036 |
considers necessary. | 4037 |
(i) If the sentence is being imposed for a violation of | 4052 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 4053 |
mandatory jail term of ten consecutive days. The court shall | 4054 |
impose the ten-day mandatory jail term under this division unless, | 4055 |
subject to division (G)(3) of this section, it instead imposes a | 4056 |
sentence under that division consisting of both a jail term and a | 4057 |
term of house arrest with electronic monitoring, with continuous | 4058 |
alcohol monitoring, or with both electronic monitoring and | 4059 |
continuous alcohol monitoring. The court may impose a jail term in | 4060 |
addition to the ten-day mandatory jail term. The cumulative jail | 4061 |
term imposed for the offense shall not exceed six months. | 4062 |
In addition to the jail term or the term of house arrest with | 4063 |
electronic monitoring or continuous alcohol monitoring or both | 4064 |
types of monitoring and jail term, the court shall require the | 4065 |
offender to be assessed by an alcohol and drug treatment program | 4066 |
that is authorized by section 3793.02 of the Revised Code, subject | 4067 |
to division (I) of this section, and shall order the offender to | 4068 |
follow the treatment recommendations of the program. The purpose | 4069 |
of the assessment is to determine the degree of the offender's | 4070 |
alcohol usage and to determine whether or not treatment is | 4071 |
warranted. Upon the request of the court, the program shall submit | 4072 |
the results of the assessment to the court, including all | 4073 |
treatment recommendations and clinical diagnoses related to | 4074 |
alcohol use. | 4075 |
(ii) If the sentence is being imposed for a violation of | 4076 |
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 4077 |
section, except as otherwise provided in this division, a | 4078 |
mandatory jail term of twenty consecutive days. The court shall | 4079 |
impose the twenty-day mandatory jail term under this division | 4080 |
unless, subject to division (G)(3) of this section, it instead | 4081 |
imposes a sentence under that division consisting of both a jail | 4082 |
term and a term of house arrest with electronic monitoring, with | 4083 |
continuous alcohol monitoring, or with both electronic monitoring | 4084 |
and continuous alcohol monitoring. The court may impose a jail | 4085 |
term in addition to the twenty-day mandatory jail term. The | 4086 |
cumulative jail term imposed for the offense shall not exceed six | 4087 |
months. | 4088 |
In addition to the jail term or the term of house arrest with | 4089 |
electronic monitoring or continuous alcohol monitoring or both | 4090 |
types of monitoring and jail term, the court shall require the | 4091 |
offender to be assessed by an alcohol and drug treatment program | 4092 |
that is authorized by section 3793.02 of the Revised Code, subject | 4093 |
to division (I) of this section, and shall order the offender to | 4094 |
follow the treatment recommendations of the program. The purpose | 4095 |
of the assessment is to determine the degree of the offender's | 4096 |
alcohol usage and to determine whether or not treatment is | 4097 |
warranted. Upon the request of the court, the program shall submit | 4098 |
the results of the assessment to the court, including all | 4099 |
treatment recommendations and clinical diagnoses related to | 4100 |
alcohol use. | 4101 |
(iv) In all cases, a class four license suspension of the | 4106 |
offender's driver's license, commercial driver's license, | 4107 |
temporary instruction permit, probationary license, or nonresident | 4108 |
operating privilege from the range specified in division (A)(4) of | 4109 |
section 4510.02 of the Revised Code. The court may grant limited | 4110 |
driving privileges relative to the suspension under sections | 4111 |
4510.021 and 4510.13 of the Revised Code. | 4112 |
(i) If the sentence is being imposed for a violation of | 4124 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 4125 |
mandatory jail term of thirty consecutive days. The court shall | 4126 |
impose the thirty-day mandatory jail term under this division | 4127 |
unless, subject to division (G)(3) of this section, it instead | 4128 |
imposes a sentence under that division consisting of both a jail | 4129 |
term and a term of house arrest with electronic monitoring, with | 4130 |
continuous alcohol monitoring, or with both electronic monitoring | 4131 |
and continuous alcohol monitoring. The court may impose a jail | 4132 |
term in addition to the thirty-day mandatory jail term. | 4133 |
Notwithstanding the jail terms set forth in sections 2929.21 to | 4134 |
2929.28 of the Revised Code, the additional jail term shall not | 4135 |
exceed one year, and the cumulative jail term imposed for the | 4136 |
offense shall not exceed one year. | 4137 |
(ii) If the sentence is being imposed for a violation of | 4138 |
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 4139 |
section, a mandatory jail term of sixty consecutive days. The | 4140 |
court shall impose the sixty-day mandatory jail term under this | 4141 |
division unless, subject to division (G)(3) of this section, it | 4142 |
instead imposes a sentence under that division consisting of both | 4143 |
a jail term and a term of house arrest with electronic monitoring, | 4144 |
with continuous alcohol monitoring, or with both electronic | 4145 |
monitoring and continuous alcohol monitoring. The court may impose | 4146 |
a jail term in addition to the sixty-day mandatory jail term. | 4147 |
Notwithstanding the jail terms set forth in sections 2929.21 to | 4148 |
2929.28 of the Revised Code, the additional jail term shall not | 4149 |
exceed one year, and the cumulative jail term imposed for the | 4150 |
offense shall not exceed one year. | 4151 |
(iv) In all cases, a class three license suspension of the | 4156 |
offender's driver's license, commercial driver's license, | 4157 |
temporary instruction permit, probationary license, or nonresident | 4158 |
operating privilege from the range specified in division (A)(3) of | 4159 |
section 4510.02 of the Revised Code. The court may grant limited | 4160 |
driving privileges relative to the suspension under sections | 4161 |
4510.021 and 4510.13 of the Revised Code. | 4162 |
(vi) In all cases, the court shall order the offender to | 4169 |
participate in an alcohol and drug addiction program authorized by | 4170 |
section 3793.02 of the Revised Code, subject to division (I) of | 4171 |
this section, and shall order the offender to follow the treatment | 4172 |
recommendations of the program. The operator of the program shall | 4173 |
determine and assess the degree of the offender's alcohol | 4174 |
dependency and shall make recommendations for treatment. Upon the | 4175 |
request of the court, the program shall submit the results of the | 4176 |
assessment to the court, including all treatment recommendations | 4177 |
and clinical diagnoses related to alcohol use. | 4178 |
(d) Except as otherwise provided in division (G)(1)(e) of | 4179 |
this section, an offender who, within six years of the offense, | 4180 |
previously has been convicted of or pleaded guilty to three or | 4181 |
four violations of division (A) or (B) of this section or other | 4182 |
equivalent offenses or an offender who, within twenty years of the | 4183 |
offense, previously has been convicted of or pleaded guilty to | 4184 |
five or more violations of that nature is guilty of a felony of | 4185 |
the fourth degree. The court shall sentence the offender to all of | 4186 |
the following: | 4187 |
(i) If the sentence is being imposed for a violation of | 4188 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 4189 |
mandatory prison term of one, two, three, four, or five years as | 4190 |
required by and in accordance with division (G)(2) of section | 4191 |
2929.13 of the Revised Code if the offender also is convicted of | 4192 |
or also pleads guilty to a specification of the type described in | 4193 |
section 2941.1413 of the Revised Code or, in the discretion of the | 4194 |
court, either a mandatory term of local incarceration of sixty | 4195 |
consecutive days in accordance with division (G)(1) of section | 4196 |
2929.13 of the Revised Code or a mandatory prison term of sixty | 4197 |
consecutive days in accordance with division (G)(2) of that | 4198 |
section if the offender is not convicted of and does not plead | 4199 |
guilty to a specification of that type. If the court imposes a | 4200 |
mandatory term of local incarceration, it may impose a jail term | 4201 |
in addition to the sixty-day mandatory term, the cumulative total | 4202 |
of the mandatory term and the jail term for the offense shall not | 4203 |
exceed one year, and, except as provided in division (A)(1) of | 4204 |
section 2929.13 of the Revised Code, no prison term is authorized | 4205 |
for the offense. If the court imposes a mandatory prison term, | 4206 |
notwithstanding division (A)(4) of section 2929.14 of the Revised | 4207 |
Code, it also may sentence the offender to a definite prison term | 4208 |
that shall be not less than six months and not more than thirty | 4209 |
months and the prison terms shall be imposed as described in | 4210 |
division (G)(2) of section 2929.13 of the Revised Code. If the | 4211 |
court imposes a mandatory prison term or mandatory prison term and | 4212 |
additional prison term, in addition to the term or terms so | 4213 |
imposed, the court also may sentence the offender to a community | 4214 |
control sanction for the offense, but the offender shall serve all | 4215 |
of the prison terms so imposed prior to serving the community | 4216 |
control sanction. | 4217 |
(ii) If the sentence is being imposed for a violation of | 4218 |
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 4219 |
section, a mandatory prison term of one, two, three, four, or five | 4220 |
years as required by and in accordance with division (G)(2) of | 4221 |
section 2929.13 of the Revised Code if the offender also is | 4222 |
convicted of or also pleads guilty to a specification of the type | 4223 |
described in section 2941.1413 of the Revised Code or, in the | 4224 |
discretion of the court, either a mandatory term of local | 4225 |
incarceration of one hundred twenty consecutive days in accordance | 4226 |
with division (G)(1) of section 2929.13 of the Revised Code or a | 4227 |
mandatory prison term of one hundred twenty consecutive days in | 4228 |
accordance with division (G)(2) of that section if the offender is | 4229 |
not convicted of and does not plead guilty to a specification of | 4230 |
that type. If the court imposes a mandatory term of local | 4231 |
incarceration, it may impose a jail term in addition to the one | 4232 |
hundred twenty-day mandatory term, the cumulative total of the | 4233 |
mandatory term and the jail term for the offense shall not exceed | 4234 |
one year, and, except as provided in division (A)(1) of section | 4235 |
2929.13 of the Revised Code, no prison term is authorized for the | 4236 |
offense. If the court imposes a mandatory prison term, | 4237 |
notwithstanding division (A)(4) of section 2929.14 of the Revised | 4238 |
Code, it also may sentence the offender to a definite prison term | 4239 |
that shall be not less than six months and not more than thirty | 4240 |
months and the prison terms shall be imposed as described in | 4241 |
division (G)(2) of section 2929.13 of the Revised Code. If the | 4242 |
court imposes a mandatory prison term or mandatory prison term and | 4243 |
additional prison term, in addition to the term or terms so | 4244 |
imposed, the court also may sentence the offender to a community | 4245 |
control sanction for the offense, but the offender shall serve all | 4246 |
of the prison terms so imposed prior to serving the community | 4247 |
control sanction. | 4248 |
(iv) In all cases, a class two license suspension of the | 4252 |
offender's driver's license, commercial driver's license, | 4253 |
temporary instruction permit, probationary license, or nonresident | 4254 |
operating privilege from the range specified in division (A)(2) of | 4255 |
section 4510.02 of the Revised Code. The court may grant limited | 4256 |
driving privileges relative to the suspension under sections | 4257 |
4510.021 and 4510.13 of the Revised Code. | 4258 |
(vi) In all cases, the court shall order the offender to | 4265 |
participate in an alcohol and drug addiction program authorized by | 4266 |
section 3793.02 of the Revised Code, subject to division (I) of | 4267 |
this section, and shall order the offender to follow the treatment | 4268 |
recommendations of the program. The operator of the program shall | 4269 |
determine and assess the degree of the offender's alcohol | 4270 |
dependency and shall make recommendations for treatment. Upon the | 4271 |
request of the court, the program shall submit the results of the | 4272 |
assessment to the court, including all treatment recommendations | 4273 |
and clinical diagnoses related to alcohol use. | 4274 |
(i) If the offender is being sentenced for a violation of | 4287 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 4288 |
mandatory prison term of one, two, three, four, or five years as | 4289 |
required by and in accordance with division (G)(2) of section | 4290 |
2929.13 of the Revised Code if the offender also is convicted of | 4291 |
or also pleads guilty to a specification of the type described in | 4292 |
section 2941.1413 of the Revised Code or a mandatory prison term | 4293 |
of sixty consecutive days in accordance with division (G)(2) of | 4294 |
section 2929.13 of the Revised Code if the offender is not | 4295 |
convicted of and does not plead guilty to a specification of that | 4296 |
type. The court may impose a prison term in addition to the | 4297 |
mandatory prison term. The cumulative total of a sixty-day | 4298 |
mandatory prison term and the additional prison term for the | 4299 |
offense shall not exceed five years. In addition to the mandatory | 4300 |
prison term or mandatory prison term and additional prison term | 4301 |
the court imposes, the court also may sentence the offender to a | 4302 |
community control sanction for the offense, but the offender shall | 4303 |
serve all of the prison terms so imposed prior to serving the | 4304 |
community control sanction. | 4305 |
(ii) If the sentence is being imposed for a violation of | 4306 |
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 4307 |
section, a mandatory prison term of one, two, three, four, or five | 4308 |
years as required by and in accordance with division (G)(2) of | 4309 |
section 2929.13 of the Revised Code if the offender also is | 4310 |
convicted of or also pleads guilty to a specification of the type | 4311 |
described in section 2941.1413 of the Revised Code or a mandatory | 4312 |
prison term of one hundred twenty consecutive days in accordance | 4313 |
with division (G)(2) of section 2929.13 of the Revised Code if the | 4314 |
offender is not convicted of and does not plead guilty to a | 4315 |
specification of that type. The court may impose a prison term in | 4316 |
addition to the mandatory prison term. The cumulative total of a | 4317 |
one hundred twenty-day mandatory prison term and the additional | 4318 |
prison term for the offense shall not exceed five years. In | 4319 |
addition to the mandatory prison term or mandatory prison term and | 4320 |
additional prison term the court imposes, the court also may | 4321 |
sentence the offender to a community control sanction for the | 4322 |
offense, but the offender shall serve all of the prison terms so | 4323 |
imposed prior to serving the community control sanction. | 4324 |
(iv) In all cases, a class two license suspension of the | 4328 |
offender's driver's license, commercial driver's license, | 4329 |
temporary instruction permit, probationary license, or nonresident | 4330 |
operating privilege from the range specified in division (A)(2) of | 4331 |
section 4510.02 of the Revised Code. The court may grant limited | 4332 |
driving privileges relative to the suspension under sections | 4333 |
4510.021 and 4510.13 of the Revised Code. | 4334 |
(vi) In all cases, the court shall order the offender to | 4341 |
participate in an alcohol and drug addiction program authorized by | 4342 |
section 3793.02 of the Revised Code, subject to division (I) of | 4343 |
this section, and shall order the offender to follow the treatment | 4344 |
recommendations of the program. The operator of the program shall | 4345 |
determine and assess the degree of the offender's alcohol | 4346 |
dependency and shall make recommendations for treatment. Upon the | 4347 |
request of the court, the program shall submit the results of the | 4348 |
assessment to the court, including all treatment recommendations | 4349 |
and clinical diagnoses related to alcohol use. | 4350 |
(3) If an offender is sentenced to a jail term under division | 4358 |
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and | 4359 |
if, within sixty days of sentencing of the offender, the court | 4360 |
issues a written finding on the record that, due to the | 4361 |
unavailability of space at the jail where the offender is required | 4362 |
to serve the term, the offender will not be able to begin serving | 4363 |
that term within the sixty-day period following the date of | 4364 |
sentencing, the court may impose an alternative sentence under | 4365 |
this division that includes a term of house arrest with electronic | 4366 |
monitoring, with continuous alcohol monitoring, or with both | 4367 |
electronic monitoring and continuous alcohol monitoring. | 4368 |
As an alternative to a mandatory jail term of ten consecutive | 4369 |
days required by division (G)(1)(b)(i) of this section, the court, | 4370 |
under this division, may sentence the offender to five consecutive | 4371 |
days in jail and not less than eighteen consecutive days of house | 4372 |
arrest with electronic monitoring, with continuous alcohol | 4373 |
monitoring, or with both electronic monitoring and continuous | 4374 |
alcohol monitoring. The cumulative total of the five consecutive | 4375 |
days in jail and the period of house arrest with electronic | 4376 |
monitoring, continuous alcohol monitoring, or both types of | 4377 |
monitoring shall not exceed six months. The five consecutive days | 4378 |
in jail do not have to be served prior to or consecutively to the | 4379 |
period of house arrest. | 4380 |
As an alternative to the mandatory jail term of twenty | 4381 |
consecutive days required by division (G)(1)(b)(ii) of this | 4382 |
section, the court, under this division, may sentence the offender | 4383 |
to ten consecutive days in jail and not less than thirty-six | 4384 |
consecutive days of house arrest with electronic monitoring, with | 4385 |
continuous alcohol monitoring, or with both electronic monitoring | 4386 |
and continuous alcohol monitoring. The cumulative total of the ten | 4387 |
consecutive days in jail and the period of house arrest with | 4388 |
electronic monitoring, continuous alcohol monitoring, or both | 4389 |
types of monitoring shall not exceed six months. The ten | 4390 |
consecutive days in jail do not have to be served prior to or | 4391 |
consecutively to the period of house arrest. | 4392 |
As an alternative to a mandatory jail term of thirty | 4393 |
consecutive days required by division (G)(1)(c)(i) of this | 4394 |
section, the court, under this division, may sentence the offender | 4395 |
to fifteen consecutive days in jail and not less than fifty-five | 4396 |
consecutive days of house arrest with electronic monitoring, with | 4397 |
continuous alcohol monitoring, or with both electronic monitoring | 4398 |
and continuous alcohol monitoring. The cumulative total of the | 4399 |
fifteen consecutive days in jail and the period of house arrest | 4400 |
with electronic monitoring, continuous alcohol monitoring, or both | 4401 |
types of monitoring shall not exceed one year. The fifteen | 4402 |
consecutive days in jail do not have to be served prior to or | 4403 |
consecutively to the period of house arrest. | 4404 |
As an alternative to the mandatory jail term of sixty | 4405 |
consecutive days required by division (G)(1)(c)(ii) of this | 4406 |
section, the court, under this division, may sentence the offender | 4407 |
to thirty consecutive days in jail and not less than one hundred | 4408 |
ten consecutive days of house arrest with electronic monitoring, | 4409 |
with continuous alcohol monitoring, or with both electronic | 4410 |
monitoring and continuous alcohol monitoring. The cumulative total | 4411 |
of the thirty consecutive days in jail and the period of house | 4412 |
arrest with electronic monitoring, continuous alcohol monitoring, | 4413 |
or both types of monitoring shall not exceed one year. The thirty | 4414 |
consecutive days in jail do not have to be served prior to or | 4415 |
consecutively to the period of house arrest. | 4416 |
(4) If an offender's driver's or occupational driver's | 4417 |
license or permit or nonresident operating privilege is suspended | 4418 |
under division (G) of this section and if section 4510.13 of the | 4419 |
Revised Code permits the court to grant limited driving | 4420 |
privileges, the court may grant the limited driving privileges in | 4421 |
accordance with that section. If division (A)(7) of that section | 4422 |
requires that the court impose as a condition of the privileges | 4423 |
that the offender must display on the vehicle that is driven | 4424 |
subject to the privileges restricted license plates that are | 4425 |
issued under section 4503.231 of the Revised Code, except as | 4426 |
provided in division (B) of that section, the court shall impose | 4427 |
that condition as one of the conditions of the limited driving | 4428 |
privileges granted to the offender, except as provided in division | 4429 |
(B) of section 4503.231 of the Revised Code. | 4430 |
(a) Twenty-five dollars of the fine imposed under division | 4433 |
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under | 4434 |
division (G)(1)(b)(iii), one hundred twenty-three dollars of the | 4435 |
fine imposed under division (G)(1)(c)(iii), and two hundred ten | 4436 |
dollars of the fine imposed under division (G)(1)(d)(iii) or | 4437 |
(e)(iii) of this section shall be paid to an enforcement and | 4438 |
education fund established by the legislative authority of the law | 4439 |
enforcement agency in this state that primarily was responsible | 4440 |
for the arrest of the offender, as determined by the court that | 4441 |
imposes the fine. The agency shall use this share to pay only | 4442 |
those costs it incurs in enforcing this section or a municipal OVI | 4443 |
ordinance and in informing the public of the laws governing the | 4444 |
operation of a vehicle while under the influence of alcohol, the | 4445 |
dangers of the operation of a vehicle under the influence of | 4446 |
alcohol, and other information relating to the operation of a | 4447 |
vehicle under the influence of alcohol and the consumption of | 4448 |
alcoholic beverages. | 4449 |
(b) Fifty dollars of the fine imposed under division | 4450 |
(G)(1)(a)(iii) of this section shall be paid to the political | 4451 |
subdivision that pays the cost of housing the offender during the | 4452 |
offender's term of incarceration. If the offender is being | 4453 |
sentenced for a violation of division (A)(1)(a), (b), (c), (d), | 4454 |
(e), or (j) of this section and was confined as a result of the | 4455 |
offense prior to being sentenced for the offense but is not | 4456 |
sentenced to a term of incarceration, the fifty dollars shall be | 4457 |
paid to the political subdivision that paid the cost of housing | 4458 |
the offender during that period of confinement. The political | 4459 |
subdivision shall use the share under this division to pay or | 4460 |
reimburse incarceration or treatment costs it incurs in housing or | 4461 |
providing drug and alcohol treatment to persons who violate this | 4462 |
section or a municipal OVI ordinance, costs of any immobilizing or | 4463 |
disabling device used on the offender's vehicle, and costs of | 4464 |
electronic house arrest equipment needed for persons who violate | 4465 |
this section. | 4466 |
(d) One hundred fifteen dollars of the fine imposed under | 4474 |
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the | 4475 |
fine imposed under division (G)(1)(c)(iii), and four hundred forty | 4476 |
dollars of the fine imposed under division (G)(1)(d)(iii) or | 4477 |
(e)(iii) of this section shall be paid to the political | 4478 |
subdivision that pays the cost of housing the offender during the | 4479 |
offender's term of incarceration. The political subdivision shall | 4480 |
use this share to pay or reimburse incarceration or treatment | 4481 |
costs it incurs in housing or providing drug and alcohol treatment | 4482 |
to persons who violate this section or a municipal OVI ordinance, | 4483 |
costs for any immobilizing or disabling device used on the | 4484 |
offender's vehicle, and costs of electronic house arrest equipment | 4485 |
needed for persons who violate this section. | 4486 |
(e) Fifty dollars of the fine imposed under divisions | 4487 |
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii), | 4488 |
and (G)(1)(e)(iii) of this section shall be deposited into the | 4489 |
special projects fund of the court in which the offender was | 4490 |
convicted and that is established under division (E)(1) of section | 4491 |
2303.201, division (B)(1) of section 1901.26, or division (B)(1) | 4492 |
of section 1907.24 of the Revised Code, to be used exclusively to | 4493 |
cover the cost of immobilizing or disabling devices, including | 4494 |
certified ignition interlock devices, and remote alcohol | 4495 |
monitoring devices for indigent offenders who are required by a | 4496 |
judge to use either of these devices. If the court in which the | 4497 |
offender was convicted does not have a special projects fund that | 4498 |
is established under division (E)(1) of section 2303.201, division | 4499 |
(B)(1) of section 1901.26, or division (B)(1) of section 1907.24 | 4500 |
of the Revised Code, the fifty dollars shall be deposited into the | 4501 |
indigent drivers interlock and alcohol monitoring fund under | 4502 |
division (I) of section 4511.191 of the Revised Code. | 4503 |
(f) Seventy-five dollars of the fine imposed under division | 4504 |
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine | 4505 |
imposed under division (G)(1)(b)(iii), two hundred fifty dollars | 4506 |
of the fine imposed under division (G)(1)(c)(iii), and five | 4507 |
hundred dollars of the fine imposed under division (G)(1)(d)(iii) | 4508 |
or (e)(iii) of this section shall be transmitted to the treasurer | 4509 |
of state for deposit into the indigent defense support fund | 4510 |
established under section 120.08 of the Revised Code. | 4511 |
(6) If title to a motor vehicle that is subject to an order | 4515 |
of criminal forfeiture under division (G)(1)(c), (d), or (e) of | 4516 |
this section is assigned or transferred and division (B)(2) or (3) | 4517 |
of section 4503.234 of the Revised Code applies, in addition to or | 4518 |
independent of any other penalty established by law, the court may | 4519 |
fine the offender the value of the vehicle as determined by | 4520 |
publications of the national autoautomobile dealers association. | 4521 |
The proceeds of any fine so imposed shall be distributed in | 4522 |
accordance with division (C)(2) of that section. | 4523 |
(7) In all cases in which an offender is sentenced under | 4524 |
division (G) of this section, the offender shall provide the court | 4525 |
with proof of financial responsibility as defined in section | 4526 |
4509.01 of the Revised Code. If the offender fails to provide that | 4527 |
proof of financial responsibility, the court, in addition to any | 4528 |
other penalties provided by law, may order restitution pursuant to | 4529 |
section 2929.18 or 2929.28 of the Revised Code in an amount not | 4530 |
exceeding five thousand dollars for any economic loss arising from | 4531 |
an accident or collision that was the direct and proximate result | 4532 |
of the offender's operation of the vehicle before, during, or | 4533 |
after committing the offense for which the offender is sentenced | 4534 |
under division (G) of this section. | 4535 |
(1) Except as otherwise provided in division (H)(2) of this | 4543 |
section, the offender is guilty of a misdemeanor of the fourth | 4544 |
degree. In addition to any other sanction imposed for the offense, | 4545 |
the court shall impose a class six suspension of the offender's | 4546 |
driver's license, commercial driver's license, temporary | 4547 |
instruction permit, probationary license, or nonresident operating | 4548 |
privilege from the range specified in division (A)(6) of section | 4549 |
4510.02 of the Revised Code. | 4550 |
(2) If, within one year of the offense, the offender | 4551 |
previously has been convicted of or pleaded guilty to one or more | 4552 |
violations of division (A) or (B) of this section or other | 4553 |
equivalent offenses, the offender is guilty of a misdemeanor of | 4554 |
the third degree. In addition to any other sanction imposed for | 4555 |
the offense, the court shall impose a class four suspension of the | 4556 |
offender's driver's license, commercial driver's license, | 4557 |
temporary instruction permit, probationary license, or nonresident | 4558 |
operating privilege from the range specified in division (A)(4) of | 4559 |
section 4510.02 of the Revised Code. | 4560 |
(4) The offender shall provide the court with proof of | 4567 |
financial responsibility as defined in section 4509.01 of the | 4568 |
Revised Code. If the offender fails to provide that proof of | 4569 |
financial responsibility, then, in addition to any other penalties | 4570 |
provided by law, the court may order restitution pursuant to | 4571 |
section 2929.28 of the Revised Code in an amount not exceeding | 4572 |
five thousand dollars for any economic loss arising from an | 4573 |
accident or collision that was the direct and proximate result of | 4574 |
the offender's operation of the vehicle before, during, or after | 4575 |
committing the violation of division (B) of this section. | 4576 |
(B) Without limiting or precluding the consideration of any | 4652 |
other evidence in determining whether a violation of division | 4653 |
(A)(1), (2), (3), (4), or (5) of this section has occurred, it | 4654 |
shall be prima-facie evidence that the offender knows or has | 4655 |
reasonable cause to believe that the operator of the motor vehicle | 4656 |
owned by the offender or under the offender's control is in a | 4657 |
category described in division (A)(1), (2), (3), (4), or (5) of | 4658 |
this section if any of the following applies: | 4659 |
(2) Regarding an operator allegedly in the category described | 4664 |
in division (A)(2) of this section, the offender and the operator | 4665 |
of the motor vehicle reside in the same household, and the | 4666 |
offender knows or has reasonable cause to believe that the | 4667 |
operator has been charged with or convicted of any violation of | 4668 |
law or ordinance, or has committed any other act or omission, that | 4669 |
would or could result in the suspension or cancellation of the | 4670 |
operator's license, permit, or privilege. | 4671 |
(1) Except as provided in division (C)(2) of this section, | 4679 |
whoever violates division (A)(1), (2), or (3) of this section is | 4680 |
guilty of an unclassified misdemeanor. When the offense is an | 4681 |
unclassified misdemeanor, the offender shall be sentenced pursuant | 4682 |
to sections 2929.21 to 2929.28 of the Revised Code, except that | 4683 |
the offender shall not be sentenced to a jail term; the offender | 4684 |
shall not be sentenced to a community residential sanction | 4685 |
pursuant to section 2929.26 of the Revised Code; notwithstanding | 4686 |
division (A)(2)(a) of section 2929.28 of the Revised Code, the | 4687 |
offender may be fined up to one thousand dollars; and, | 4688 |
notwithstanding division (A)(3) of section 2929.27 of the Revised | 4689 |
Code, the offender may be ordered pursuant to division (C) of that | 4690 |
section to serve a term of community service of up to five hundred | 4691 |
hours. The failure of an offender to complete a term of community | 4692 |
service imposed by the court may be punished as indirect criminal | 4693 |
contempt under division (A) of section 2705.02 of the Revised Code | 4694 |
that may be filed in the underlying case. | 4695 |
(2)(a) If, within three years of a violation of division | 4696 |
(A)(1), (2), or (3) of this section, the offender previously has | 4697 |
pleaded guilty to or been convicted of two or more violations of | 4698 |
division (A)(1), (2), or (3) of this section or a substantially | 4699 |
equivalent municipal ordinance, the offender is guilty of a | 4700 |
misdemeanor of the first degree. | 4701 |
(3) For any violation of this section, in addition to the | 4704 |
penalties imposed under Chapter 2929. of the Revised Code, the | 4705 |
court
shallmay impose a class seven suspension of the offender's | 4706 |
driver's license, commercial driver's license, temporary | 4707 |
instruction permit, probationary license, or nonresident operating | 4708 |
privilege from the range specified in division (A)(7) of section | 4709 |
4510.02 of the Revised Code, and, if the vehicle involved in the | 4710 |
offense is registered in the name of the offender, the court shall | 4711 |
may order one of the following: | 4712 |
If title to a motor vehicle that is subject to an order for | 4732 |
criminal forfeiture under this division (C)(3)(c) of this section | 4733 |
is assigned or transferred and division (B)(2) or (3) of section | 4734 |
4503.234 of the Revised Code applies, in addition to or | 4735 |
independent of any other penalty established by law, the court may | 4736 |
fine the offender the value of the vehicle as determined by | 4737 |
publications of the national auto dealer'sautomobile dealers | 4738 |
association. The proceeds from any fine imposed under this | 4739 |
division shall be distributed in accordance with division (C)(2) | 4740 |
of section 4503.234 of the Revised Code. | 4741 |
(E) If a court orders the criminal forfeiture of a vehicle | 4748 |
under division (C)(3)(c) of this section, upon receipt of the | 4749 |
order from the court, neither the registrar of motor vehicles nor | 4750 |
any deputy registrar shall accept any application for the | 4751 |
registration or transfer of registration of any motor vehicle | 4752 |
owned or leased by the person named in the order. The period of | 4753 |
denial shall be five years after the date the order is issued, | 4754 |
unless, during that five-year period, the court with jurisdiction | 4755 |
of the offense that resulted in the order terminates the | 4756 |
forfeiture and notifies the registrar of the termination. If the | 4757 |
court terminates the forfeiture and notifies the registrar, the | 4758 |
registrar shall take all necessary measures to permit the person | 4759 |
to register a vehicle owned or leased by the person or to transfer | 4760 |
the registration of the vehicle. | 4761 |
Sec. 4549.02. (A) In case of accident to or collision with | 4775 |
persons or property upon any of the public roads or highways, due | 4776 |
to the driving or operation thereon of any motor vehicle, the | 4777 |
person driving or operating the motor vehicle, having knowledge of | 4778 |
the accident or collision, immediately shall stop the driver's or | 4779 |
operator's motor vehicle at the scene of the accident or collision | 4780 |
and shall remain at the scene of the accident or collision until | 4781 |
the driver or operator has given the driver's or operator's name | 4782 |
and address and, if the driver or operator is not the owner, the | 4783 |
name and address of the owner of that motor vehicle, together with | 4784 |
the registered number of that motor vehicle, to any person injured | 4785 |
in the accident or collision or to the operator, occupant, owner, | 4786 |
or attendant of any motor vehicle damaged in the accident or | 4787 |
collision, or to any police officer at the scene of the accident | 4788 |
or collision. | 4789 |
In the event the injured person is unable to comprehend and | 4790 |
record the information required to be given by this section, the | 4791 |
other driver involved in the accident or collision forthwith shall | 4792 |
notify the nearest police authority concerning the location of the | 4793 |
accident or collision, and the driver's name, address, and the | 4794 |
registered number of the motor vehicle the driver was operating, | 4795 |
and then remain at the scene of the accident or collision until a | 4796 |
police officer arrives, unless removed from the scene by an | 4797 |
emergency vehicle operated by a political subdivision or an | 4798 |
ambulance. | 4799 |
(B) Whoever violates division (A) of this section is guilty | 4805 |
of failure to stop after an accident, a misdemeanor of the first | 4806 |
degree. If the accident or collision results in serious physical | 4807 |
harm to a person, failure to stop after an accident is a felony of | 4808 |
the fifth degree. If the accident or collision results in the | 4809 |
death of a person, failure to stop after an accident is a felony | 4810 |
of the third degree. The court, in addition to any other penalties | 4811 |
provided by law, shall impose upon the offender a class five | 4812 |
suspension of the offender's driver's license, commercial driver's | 4813 |
license, temporary instruction permit, probationary license, or | 4814 |
nonresident operating privilege from the range specified in | 4815 |
division (A)(5) of section 4510.02 of the Revised Code. No judge | 4816 |
shall suspend the first six months of suspension of an offender's | 4817 |
license, permit, or privilege required by this division. | 4818 |
The offender shall provide the court with proof of financial | 4819 |
responsibility as defined in section 4509.01 of the Revised Code. | 4820 |
If the offender fails to provide that proof of financial | 4821 |
responsibility, then, in addition to any other penalties provided | 4822 |
by law, the court may order restitution pursuant to section | 4823 |
2929.18 or 2929.28 of the Revised Code in an amount not exceeding | 4824 |
five thousand dollars for any economic loss arising from an | 4825 |
accident or collision that was the direct and proximate result of | 4826 |
the offender's operation of the motor vehicle before, during, or | 4827 |
after committing the offense charged under this section. | 4828 |
Sec. 4549.021. (A) In case of accident or collision | 4829 |
resulting in injury or damage to persons or property upon any | 4830 |
public or private property other than public roads or highways, | 4831 |
due to the driving or operation thereon of any motor vehicle, the | 4832 |
person driving or operating the motor vehicle, having knowledge of | 4833 |
the accident or collision, shall stop, and, upon request of the | 4834 |
person injured or damaged, or any other person, shall give that | 4835 |
person the driver's or operator's name and address, and, if the | 4836 |
driver or operator is not the owner, the name and address of the | 4837 |
owner of that motor vehicle, together with the registered number | 4838 |
of that motor vehicle, and, if available, exhibit the driver's or | 4839 |
operator's driver's or commercial driver's license. | 4840 |
If the owner or person in charge of the damaged property is | 4841 |
not furnished such information, the driver of the motor vehicle | 4842 |
involved in the accident or collision, within twenty-four hours | 4843 |
after the accident or collision, shall forward to the police | 4844 |
department of the city or village in which the accident or | 4845 |
collision occurred or if it occurred outside the corporate limits | 4846 |
of a city or village to the sheriff of the county in which the | 4847 |
accident or collision occurred the same information required to be | 4848 |
given to the owner or person in control of the damaged property | 4849 |
and give the date, time, and location of the accident or | 4850 |
collision. | 4851 |
(B) Whoever violates division (A) of this section is guilty | 4857 |
of failure to stop after a nonpublic road accident, a misdemeanor | 4858 |
of the first degree. If the accident or collision results in | 4859 |
serious physical harm to a person, failure to stop after a | 4860 |
nonpublic road accident is a felony of the fifth degree. If the | 4861 |
accident or collision results in the death of a person, failure to | 4862 |
stop after a nonpublic road accident is a felony of the third | 4863 |
degree. The court, in addition to any other penalties provided by | 4864 |
law, shall impose upon the offender a class five suspension of the | 4865 |
offender's driver's license, commercial driver's license, | 4866 |
temporary instruction permit, probationary license, or nonresident | 4867 |
operating privilege from the range specified in division (A)(5) of | 4868 |
section 4510.02 of the Revised Code. No judge shall suspend the | 4869 |
first six months of suspension of an offender's license, permit, | 4870 |
or privilege required by this division. | 4871 |
The offender shall provide the court with proof of financial | 4872 |
responsibility as defined in section 4509.01 of the Revised Code. | 4873 |
If the offender fails to provide that proof of financial | 4874 |
responsibility, then, in addition to any other penalties provided | 4875 |
by law, the court may order restitution pursuant to section | 4876 |
2929.18 or 2929.28 of the Revised Code in an amount not exceeding | 4877 |
five thousand dollars for any economic loss arising from an | 4878 |
accident or collision that was the direct and proximate result of | 4879 |
the offender's operation of the motor vehicle before, during, or | 4880 |
after committing the offense charged under this section. | 4881 |
Sec. 4549.03. (A) The driver of any vehicle involved in an | 4882 |
accident resulting in damage to real property, or personal | 4883 |
property attached to real property, legally upon or adjacent to a | 4884 |
public road or highway immediately shall stop and take reasonable | 4885 |
steps to locate and notify the owner or person in charge of the | 4886 |
property of that fact, of the driver's name and address, and of | 4887 |
the registration number of the vehicle the driver is driving and, | 4888 |
upon request and if available, shall exhibit the driver's driver's | 4889 |
or commercial driver's license. | 4890 |
If the owner or person in charge of the property cannot be | 4891 |
located after reasonable search, the driver of the vehicle | 4892 |
involved in the accident resulting in damage to the property, | 4893 |
within twenty-four hours after the accident, shall forward to the | 4894 |
police department of the city or village in which the accident or | 4895 |
collision occurred, or if it occurred outside the corporate limits | 4896 |
of a city or village to the sheriff of the county in which the | 4897 |
accident or collision occurred, the same information required to | 4898 |
be given to the owner or person in control of the property and | 4899 |
give the location of the accident and a description of the damage | 4900 |
insofar as it is known. | 4901 |
The offender shall provide the court with proof of financial | 4905 |
responsibility as defined in section 4509.01 of the Revised Code. | 4906 |
If the offender fails to provide that proof of financial | 4907 |
responsibility, then, in addition to any other penalties provided | 4908 |
by law, the court may order restitution pursuant to section | 4909 |
2929.28 of the Revised Code in an amount not exceeding five | 4910 |
thousand dollars for any economic loss arising from an accident or | 4911 |
collision that was the direct and proximate result of the | 4912 |
offender's operation of the motor vehicle before, during, or after | 4913 |
committing the offense charged under this section. | 4914 |
Section 2. That existing sections 117.091, 2329.66, 2901.02, | 4915 |
2929.18, 2929.24, 2929.25, 2929.27, 2929.28, 2951.02, 4507.02, | 4916 |
4507.164, 4507.35, 4510.036, 4510.037, 4510.11, 4510.12, 4510.14, | 4917 |
4510.16, 4510.161, 4510.21, 4510.22, 4510.41, 4511.19, 4511.203, | 4918 |
4549.02, 4549.021, and 4549.03 of the Revised Code are hereby | 4919 |
repealed. | 4920 |
Section 4. Section 4510.41 of the Revised Code is presented | 4925 |
in this act as a composite of the section as amended by both Sub. | 4926 |
H.B. 241 and Am. Sub. H.B. 461 of the 126th General Assembly. The | 4927 |
General Assembly, applying the principle stated in division (B) of | 4928 |
section 1.52 of the Revised Code that amendments are to be | 4929 |
harmonized if reasonably capable of simultaneous operation, finds | 4930 |
that the composite is the resulting version of the section in | 4931 |
effect prior to the effective date of the section as presented in | 4932 |
this act. | 4933 |