As Reported by the Senate Judiciary--Civil Justice Committee

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 5


Representative Huffman 

Cosponsors: Representatives Okey, Murray, Letson, McKenney, Coley, Bubp, Carney, Combs, DeGeeter, Derickson, Foley, Garland, Luckie, Mallory, McClain, Milkovich, O'Brien, Patmon, Pillich, Slaby, Stebelton, Stinziano, Williams Speaker Batchelder 

Senators Seitz, Obhof, Kearney, Wagoner 

A BILL
To amend sections 117.091, 2329.66, 2901.02, 2929.18, 1
2929.24, 2929.25, 2929.27, 2929.28, 2951.02, 2
4507.02, 4507.164, 4507.35, 4510.036, 4510.037, 3
4510.11, 4510.12, 4510.14, 4510.16, 4510.161, 4
4510.21, 4510.22, 4510.41, 4511.19, 4511.203, 5
4549.02, 4549.021, and 4549.03 and to enact 6
sections 2746.01, 2746.02, 2746.03, 2746.04, 7
2746.05, 2746.06, 2746.07, 2746.08, 2746.09, and 8
4510.111 of the Revised Code to require the Ohio 9
Judicial Conference periodically to adjust the 10
dollar amounts specified in the general exemption 11
statute, to provide consolidated references to 12
Revised Code sections that establish costs and 13
fees, other than attorney fees, in the courts of 14
record of this state, to remove the provision 15
specifying that an investigator appointed by the 16
Auditor of State does not have the power and 17
authority to carry a concealed weapon, to modify 18
the penalties for certain offenses relating to the 19
operation of motor vehicles, and to allow for a 20
certificate of judgment to collect a financial 21
reimbursement sanction in certain cases, the 22
modification of a community control sanction, the 23
substitution of a community control sanction for 24
non-mandatory jail days, and the modification of a 25
community service sentence by substituting a 26
contribution to the local entity that funds the 27
court. 28


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

       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

       Sec. 2329.66.  (A) Every person who is domiciled in this 46
state may hold property exempt from execution, garnishment, 47
attachment, or sale to satisfy a judgment or order, as follows:48

       (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

       (b) In the case of all other judgments and orders, the 64
person's interest, not to exceed twenty thousand two hundred 65
dollars, in one parcel or item of real or personal property that 66
the person or a dependent of the person uses as a residence.67

       (2) The person's interest, not to exceed three thousand two 68
hundred twenty-five dollars, in one motor vehicle;69

       (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

        (b) The person's aggregate interest in one or more items of 82
jewelry, not to exceed one thousand three hundred fifty dollars, 83
held primarily for the personal, family, or household use of the 84
person or any of the person's dependents.85

       (5) The person's interest, not to exceed an aggregate of two 86
thousand twenty-five dollars, in all implements, professional 87
books, or tools of the person's profession, trade, or business, 88
including agriculture;89

       (6)(a) The person's interest in a beneficiary fund set apart, 90
appropriated, or paid by a benevolent association or society, as 91
exempted by section 2329.63 of the Revised Code;92

       (b) The person's interest in contracts of life or endowment 93
insurance or annuities, as exempted by section 3911.10 of the 94
Revised Code;95

       (c) The person's interest in a policy of group insurance or 96
the proceeds of a policy of group insurance, as exempted by 97
section 3917.05 of the Revised Code;98

       (d) The person's interest in money, benefits, charity, 99
relief, or aid to be paid, provided, or rendered by a fraternal 100
benefit society, as exempted by section 3921.18 of the Revised 101
Code;102

       (e) The person's interest in the portion of benefits under 103
policies of sickness and accident insurance and in lump sum 104
payments for dismemberment and other losses insured under those 105
policies, as exempted by section 3923.19 of the Revised Code.106

       (7) The person's professionally prescribed or medically 107
necessary health aids;108

       (8) The person's interest in a burial lot, including, but not 109
limited to, exemptions under section 517.09 or 1721.07 of the 110
Revised Code;111

       (9) The person's interest in the following:112

       (a) Moneys paid or payable for living maintenance or rights, 113
as exempted by section 3304.19 of the Revised Code;114

       (b) Workers' compensation, as exempted by section 4123.67 of 115
the Revised Code;116

       (c) Unemployment compensation benefits, as exempted by 117
section 4141.32 of the Revised Code;118

       (d) Cash assistance payments under the Ohio works first 119
program, as exempted by section 5107.75 of the Revised Code;120

       (e) Benefits and services under the prevention, retention, 121
and contingency program, as exempted by section 5108.08 of the 122
Revised Code;123

       (f) Disability financial assistance payments, as exempted by 124
section 5115.06 of the Revised Code;125

       (g) Payments under section 24 or 32 of the "Internal Revenue 126
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.127

       (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

       (i) The plan or contract was established by or under the 157
auspices of an insider that employed the person at the time the 158
person's rights under the plan or contract arose.159

       (ii) The payment is on account of age or length of service.160

       (iii) The plan or contract is not qualified under the 161
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 162
amended.163

       (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

       (i) Contributions of the person that were less than or equal 174
to the applicable limits on deductible contributions to an 175
individual retirement account or individual retirement annuity in 176
the year that the contributions were made, whether or not the 177
person was eligible to deduct the contributions on the person's 178
federal tax return for the year in which the contributions were 179
made;180

       (ii) Contributions of the person that were less than or equal 181
to the applicable limits on contributions to a Roth IRA or 182
education individual retirement account in the year that the 183
contributions were made;184

       (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

       (11) The person's right to receive spousal support, child 198
support, an allowance, or other maintenance to the extent 199
reasonably necessary for the support of the person and any of the 200
person's dependents;201

       (12) The person's right to receive, or moneys received during 202
the preceding twelve calendar months from, any of the following:203

       (a) An award of reparations under sections 2743.51 to 2743.72 204
of the Revised Code, to the extent exempted by division (D) of 205
section 2743.66 of the Revised Code;206

       (b) A payment on account of the wrongful death of an 207
individual of whom the person was a dependent on the date of the 208
individual's death, to the extent reasonably necessary for the 209
support of the person and any of the person's dependents;210

       (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

       (d) A payment in compensation for loss of future earnings of 220
the person or an individual of whom the person is or was a 221
dependent, to the extent reasonably necessary for the support of 222
the debtor and any of the debtor's dependents.223

       (13) Except as provided in sections 3119.80, 3119.81, 224
3121.02, 3121.03, and 3123.06 of the Revised Code, personal 225
earnings of the person owed to the person for services in an 226
amount equal to the greater of the following amounts:227

       (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) Seventy-five per cent of the disposable earnings owed to 236
the person.237

       (14) The person's right in specific partnership property, as 238
exempted by division (B)(3) of section 1775.24 of the Revised Code 239
or the person's rights in a partnership pursuant to section 240
1776.50 of the Revised Code, except as otherwise set forth in 241
section 1776.50 of the Revised Code;242

       (15) A seal and official register of a notary public, as 243
exempted by section 147.04 of the Revised Code;244

       (16) The person's interest in a tuition unit or a payment 245
under section 3334.09 of the Revised Code pursuant to a tuition 246
payment contract, as exempted by section 3334.15 of the Revised 247
Code;248

       (17) Any other property that is specifically exempted from 249
execution, attachment, garnishment, or sale by federal statutes 250
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 251
U.S.C.A. 101, as amended;252

       (18) The person's aggregate interest in any property, not to 253
exceed one thousand seventy-five dollars, except that division 254
(A)(18) of this section applies only in bankruptcy proceedings.255

       (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

       (C) As used in this section:278

       (1) "Disposable earnings" means net earnings after the 279
garnishee has made deductions required by law, excluding the 280
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02, 281
3121.03, or 3123.06 of the Revised Code.282

       (2) "Insider" means:283

       (a) If the person who claims an exemption is an individual, a 284
relative of the individual, a relative of a general partner of the 285
individual, a partnership in which the individual is a general 286
partner, a general partner of the individual, or a corporation of 287
which the individual is a director, officer, or in control;288

       (b) If the person who claims an exemption is a corporation, a 289
director or officer of the corporation; a person in control of the 290
corporation; a partnership in which the corporation is a general 291
partner; a general partner of the corporation; or a relative of a 292
general partner, director, officer, or person in control of the 293
corporation;294

       (c) If the person who claims an exemption is a partnership, a 295
general partner in the partnership; a general partner of the 296
partnership; a person in control of the partnership; a partnership 297
in which the partnership is a general partner; or a relative in, a 298
general partner of, or a person in control of the partnership;299

       (d) An entity or person to which or whom any of the following 300
applies:301

       (i) The entity directly or indirectly owns, controls, or 302
holds with power to vote, twenty per cent or more of the 303
outstanding voting securities of the person who claims an 304
exemption, unless the entity holds the securities in a fiduciary 305
or agency capacity without sole discretionary power to vote the 306
securities or holds the securities solely to secure to debt and 307
the entity has not in fact exercised the power to vote.308

       (ii) The entity is a corporation, twenty per cent or more of 309
whose outstanding voting securities are directly or indirectly 310
owned, controlled, or held with power to vote, by the person who 311
claims an exemption or by an entity to which division (C)(2)(d)(i) 312
of this section applies.313

       (iii) A person whose business is operated under a lease or 314
operating agreement by the person who claims an exemption, or a 315
person substantially all of whose business is operated under an 316
operating agreement with the person who claims an exemption.317

       (iv) The entity operates the business or all or substantially 318
all of the property of the person who claims an exemption under a 319
lease or operating agreement.320

       (e) An insider, as otherwise defined in this section, of a 321
person or entity to which division (C)(2)(d)(i), (ii), (iii), or 322
(iv) of this section applies, as if the person or entity were a 323
person who claims an exemption;324

       (f) A managing agent of the person who claims an exemption.325

       (3) "Participant account" has the same meaning as in section 326
148.01 of the Revised Code.327

       (4) "Government unit" has the same meaning as in section 328
148.06 of the Revised Code.329

       (D) For purposes of this section, "interest" shall be 330
determined as follows:331

       (1) In bankruptcy proceedings, as of the date a petition is 332
filed with the bankruptcy court commencing a case under Title 11 333
of the United States Code;334

       (2) In all cases other than bankruptcy proceedings, as of the 335
date of an appraisal, if necessary under section 2329.68 of the 336
Revised Code, or the issuance of a writ of execution.337

       An interest, as determined under division (D)(1) or (2) of 338
this section, shall not include the amount of any lien otherwise 339
valid pursuant to section 2329.661 of the Revised Code.340

       Sec. 2746.01.  A court of record of this state shall tax as 341
costs or otherwise require the payment of fees for the following 342
services rendered or as compensation for the following persons or 343
any other of the following fees that are applicable in a 344
particular case:345

       (A) Appraisers, commissioners, or arbitrators appointed to 346
make or procure an appraisement or valuation of any property, as 347
provided in section 2335.02 of the Revised Code; 348

       (B) Auctioneers appointed to conduct any public auction of 349
goods, chattels, or lands required to be sold by an officer of the 350
court, as provided in section 2335.021 of the Revised Code; 351

       (C) Commissioners appointed to make partition of lands or to 352
assign dower and appraisers of real or personal property on 353
execution, replevin, or attachment or to fix the value of exempt 354
property, as provided in section 2335.01 of the Revised Code; 355

       (D) Deposit of rent with the clerk of court by a resident of 356
a manufactured home park, as provided in section 3733.121 of the 357
Revised Code, or by a tenant of residential premises, as provided 358
in section 5321.08 of the Revised Code;359

       (E) Interpreters, as provided in section 2335.09 of the 360
Revised Code;361

       (F) Fees in a civil action or appeal commenced by an inmate 362
against a government entity or employee, as provided in section 363
2969.22 of the Revised Code;364

       (G) Procurement of a transcript of a judgment or proceeding 365
or exemplification of a record in an appeal or other civil action, 366
as provided in section 2303.21 of the Revised Code;367

       (H) Publication of an advertisement, notice, or proclamation 368
required to be published by a trustee, assignee, executor, 369
administrator, receiver, or other officer of the court or a party 370
in a case or proceeding, as provided in section 7.13 of the 371
Revised Code;372

       (I) Publication of calendars, motion dockets, legal 373
advertisements, and notices, the fees for which are not fixed by 374
law, as provided in section 2701.09 of the Revised Code;375

       (J) Sheriffs, as provided in section 311.17 of the Revised 376
Code;377

       (K) Township constables or members of the police force of a 378
township police district or joint police district, as provided in 379
section 509.15 of the Revised Code;380

       (L) Witnesses, as follows:381

       (1) Fees and mileage in civil cases, as provided in section 382
2335.06 of the Revised Code;383

       (2) Fees and mileage in criminal cases, as provided in 384
section 2335.08 of the Revised Code;385

       (3) Fees in all cases or proceedings not specified in 386
sections 2335.06 and 2335.08 of the Revised Code, as provided in 387
section 2335.05 of the Revised Code;388

       (4) Fees of municipal police officers in state felony cases, 389
as provided in section 2335.17 of the Revised Code;390

       (5) Fees in arbitration proceedings, as provided in section 391
2711.06 of the Revised Code.392

       (M) In an action to abate a nuisance or to enforce a local 393
code relating to buildings, the expenses of operating and 394
conserving the building, as provided in section 3767.41 of the 395
Revised Code.396

       Sec. 2746.02.  A court of record of this state shall tax as 397
costs or otherwise require the payment of fees for the following 398
services rendered, as compensation for the following persons, or 399
as part of the sentence imposed by the court, or any other of the 400
following fees that are applicable in a particular case:401

       (A) In a felony case, financial sanctions, as provided in 402
section 2929.18 of the Revised Code;403

       (B) In any criminal case, the costs of prosecution, as 404
provided in section 2947.23 of the Revised Code;405

       (C) In a misdemeanor case in which the offender is sentenced 406
to a jail term, the local detention facility is covered by a 407
policy adopted by the facility's governing authority requiring 408
reimbursement for the costs of confinement, and the offender is 409
presented with an itemized bill pursuant to section 2929.37 of the 410
Revised Code for such costs, the costs of confinement, as provided 411
in section 2929.24 of the Revised Code;412

       (D) In a case in which an offender is sentenced for 413
endangering children in violation of section 2919.22 of the 414
Revised Code, the costs of the offender's supervised community 415
service work, as provided in section 2919.22 of the Revised Code;416

       (E) In a case in which a defendant is charged with any of 417
certain sexual assault or prostitution-related offenses and is 418
found to be suffering from a venereal disease in an infectious 419
stage, the cost of medical treatment, as provided in section 420
2907.27 of the Revised Code;421

       (F) In a case in which a defendant is charged with harassment 422
with a bodily substance, the cost of medical testing, as provided 423
in section 2921.38 of the Revised Code; 424

       (G) In a case in which a defendant is charged with violating 425
a protection order in violation of section 2919.27 of the Revised 426
Code or of a municipal ordinance that is substantially similar to 427
that section, the costs of any evaluation and preceding 428
examination of the defendant, as provided in section 2919.271 of 429
the Revised Code;430

       (H) Presentence psychological or psychiatric reports, as 431
provided in section 2947.06 of the Revised Code;432

       (I) In a criminal proceeding, the taking of a deposition of a 433
person who is imprisoned in a detention facility or state 434
correctional institution within this state or who is in the 435
custody of the department of youth services, as provided in 436
section 2945.47 of the Revised Code;437

       (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

       (L) In a case in which a defendant is convicted of abandoning 453
a junk vessel or outboard motor without notifying the appropriate 454
law enforcement officer, the cost incurred by the state or a 455
political subdivision in disposing of the vessel or motor, as 456
provided in section 1547.99 of the Revised Code;457

       (M) The costs of electronic monitoring in the following 458
cases:459

       (1) In a misdemeanor case in which the offender is convicted 460
of any of certain prostitution-related offenses and a 461
specification under section 2941.1421 of the Revised Code, as 462
provided in section 2929.24 of the Revised Code;463

       (2) In a case in which the court issues a criminal protection 464
order against a minor upon a petition alleging that the respondent 465
committed any of certain assault, menacing, or trespass offenses, 466
a sexually oriented offense, or an offense under a municipal 467
ordinance that is substantially equivalent to any of those 468
offenses, as provided in section 2151.34 of the Revised Code;469

       (3) In a case in which the court issues a protection order 470
against an adult upon a petition alleging that the respondent 471
committed menacing by stalking or a sexually oriented offense, as 472
provided in section 2903.214 of the Revised Code;473

       (4) In a case in which an offender is convicted of violating 474
a protection order, as provided in section 2919.27 of the Revised 475
Code;476

       (5) In a case in which the offender is convicted of any 477
sexually oriented offense and is a tier III sex 478
offender/child-victim offender relative to that offense, as 479
provided in section 2929.13 of the Revised Code.480

       (N) In a proceeding for post-conviction relief, a transcript, 481
as provided in section 2953.21 of the Revised Code;482

       (O) In a proceeding for the sealing of a conviction record, 483
the fee provided for in section 2953.32 of the Revised Code.484

       Sec. 2746.03.  In addition to any applicable fees or costs 485
set forth in sections 2746.01 and 2746.02 of the Revised Code or 486
any other applicable provision of law, the supreme court, a court 487
of appeals, or the court of claims shall tax as costs or otherwise 488
require the payment of fees for the following services rendered or 489
as compensation for the following persons or any other of the 490
following fees that are applicable in a particular case:491

       (A) In the supreme court, filing fees, as provided in section 492
2503.17 of the Revised Code;493

       (B) In a court of appeals:494

       (1) Fees collectible by the clerk of a court of common pleas 495
when acting as the clerk of the court of appeals of the county, as 496
provided in section 2303.03 of the Revised Code;497

       (2) Additional filing fees or charges for special projects, 498
programs, or services, as provided in section 2501.16 of the 499
Revised Code;500

       (3) Sheriffs or other officers who serve process, as provided 501
in section 2501.19 of the Revised Code;502

       (4) Shorthand reporters, as provided in section 2501.17 of 503
the Revised Code;504

       (5) The expense of preparing and transcribing the record in 505
an appeal to the tenth district court of appeals from a ruling of 506
the director of health under the certificate of need program, as 507
provided in section 3702.60 of the Revised Code.508

       (C) In the court of claims:509

       (1) The fees provided for in section 2743.09 of the Revised 510
Code;511

       (2) Witness fees and mileage, as provided in section 2743.06 512
of the Revised Code.513

       Sec. 2746.04.  In addition to any applicable fees or costs 514
set forth in sections 2746.01 and 2746.02 of the Revised Code or 515
any other applicable provision of law, a court of common pleas 516
shall tax as costs or otherwise require the payment of fees for 517
the following services rendered or as compensation for the 518
following persons or any other of the following fees that are 519
applicable in a particular case:520

       (A) The fees provided for in section 2303.20 of the Revised 521
Code;522

       (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

       (C) Filing for a divorce decree under section 3105.10 or a 531
decree of dissolution under section 3105.65 of the Revised Code, 532
as provided in section 3109.14 of the Revised Code;533

       (D) Filing of a foreign judgment pursuant to section 2329.022 534
of the Revised Code, as provided in section 2329.025 of the 535
Revised Code;536

       (E) Interpreters, as provided in section 2301.14 of the 537
Revised Code;538

       (F) Jurors in civil actions, as provided in section 2335.28 539
of the Revised Code;540

       (G) Shorthand reporters, as provided in sections 2301.21 and 541
2301.24 of the Revised Code;542

       (H) In a case involving the operation by a nonresident of a 543
vessel upon the waters in this state, or the operation on the 544
waters in this state of a vessel owned by a nonresident if 545
operated with his consent, actual traveling expenses of the 546
defendant, as provided in section 1547.36 of the Revised Code;547

       (I) In a civil case, the expenses of taking a deposition of a 548
person who is imprisoned in a workhouse, juvenile detention 549
facility, jail, or state correctional institution within this 550
state, or who is in the custody of the department of youth 551
services, as provided in section 2317.06 of the Revised Code;552

       (J) In proceedings relating to the examination of a judgment 553
debtor under sections 2333.09 to 2333.27 of the Revised Code, 554
compensation for clerks, sheriffs, referees, receivers, and 555
witnesses, as provided in section 2333.27 of the Revised Code;556

       (K) In an appeal from an order of an agency issued pursuant 557
to an adjudication under section 119.12 of the Revised Code, the 558
expense of preparing and transcribing the record;559

       (L) In a case in which the court issues a protection order 560
upon a petition alleging that the respondent engaged in domestic 561
violence against a family or household member, the cost of 562
supervision of the respondent's exercise of parenting time, 563
visitation, or companionship rights, as provided in section 564
3113.31 of the Revised Code;565

       (M) Upon a petition to have a person involuntarily 566
institutionalized, the costs of appointed counsel for the 567
respondent at a full hearing, as provided in section 5123.76 of 568
the Revised Code;569

       (N) In a case before the domestic relations division of the 570
Hamilton county court of common pleas, the expense of serving a 571
summons, warrant, citation, subpoena, or other writ issued to an 572
officer other than a bailiff, constable, or staff investigator of 573
the division, as provided in section 2301.03 of the Revised Code.574

       Sec. 2746.05.  In addition to any applicable fees or costs 575
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised 576
Code or any other applicable provision of law, a juvenile court 577
shall tax as costs or otherwise require the payment of fees for 578
the following services or as compensation for the following 579
persons:580

       (A) The fees provided for in section 2151.54 of the Revised 581
Code;582

       (B) Additional fees to computerize the court, make available 583
computerized legal research services, and computerize the office 584
of the clerk of the court, as provided in sections 2151.541, 585
2153.081, and 2301.031 of the Revised Code;586

       (C) The costs of house arrest with electronic monitoring, as 587
provided in section 2152.19 of the Revised Code;588

       (D) Witness fees, as provided in section 2151.28 of the 589
Revised Code.590

       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) The fees provided for in sections 2101.16, 2101.17, 600
2101.18, and 2101.32 of the Revised Code;601

       (B) Additional fees to computerize the court, make available 602
computerized legal research services, and computerize the office 603
of the clerk of the court, as provided in section 2101.162 of the 604
Revised Code;605

       (C) In a proceeding upon the assignment of property in trust 606
for the benefit of creditors, the fees provided for in section 607
1313.52 of the Revised Code;608

       (D) The fees allowable to a special master commissioner under 609
section 2101.07 of the Revised Code;610

       (E) In a proceeding filed pursuant to dispute resolution 611
procedures established by rule of the probate judge, a filing fee, 612
as provided in section 2101.163 of the Revised Code;613

       (F) Costs incident to the appointment of a fiduciary, as 614
provided in section 2101.21 of the Revised Code;615

       (G) A fee for solemnizing a marriage, as provided in section 616
2101.27 of the Revised Code;617

       (H) The additional marriage license fee provided for in 618
section 3113.34 of the Revised Code;619

       (I) The fee for deposit of a will provided for in section 620
2107.07 of the Revised Code;621

       (J) In a proceeding for the appointment of a guardian for an 622
alleged incompetent, physicians and other qualified persons to 623
examine, investigate, or represent the alleged incompetent, as 624
provided in section 2111.031 of the Revised Code;625

       (K) In an action to obtain authority to sell real estate, the 626
fees for failure to enter a release and satisfaction provided for 627
in section 2127.19 of the Revised Code;628

       (L) In a proceeding in aid of execution, the fees provided 629
for in section 2333.26 and 2333.27 of the Revised Code.630

       Sec. 2746.07.  In addition to any applicable fees or costs 631
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised 632
Code or any other applicable provision of law, a municipal court 633
shall tax as costs or otherwise require the payment of fees for 634
the following services or as compensation for the following 635
persons:636

       (A) The fees and costs provided for in section 1901.26 of the 637
Revised Code;638

       (B) Additional fees to computerize the court, make available 639
computerized legal research services, and computerize the office 640
of the clerk of the court, as provided in section 1901.261 of the 641
Revised Code;642

       (C) Jurors, as provided in section 1901.25 of the Revised 643
Code;644

       (D) In proceedings in the small claims division, the fees and 645
costs provided for in sections 1925.02, 1925.04, 1925.05, 1925.11, 646
and 1925.15 of the Revised Code;647

       (E) In a case in which an accused is brought before the court 648
pursuant to a warrant to keep the peace, an appeal bond, as 649
provided in section 2933.06 of the Revised Code;650

       (F) In a proceeding filed pursuant to dispute resolution 651
procedures established by rule of the court, a filing fee, as 652
provided in section 1901.262 of the Revised Code;653

       (G) In a case in which the clerk of the Cleveland municipal 654
court files a copy of a defendant's bond with the county recorder, 655
the recording fees and charges, as provided in section 1901.21 of 656
the Revised Code;657

       (H) In a criminal case, the expenses of an evaluation of the 658
defendant's competence to stand trial or the defendant's mental 659
condition at the time of the commission of the offense, as 660
provided in section 2945.37 of the Revised Code.661

       Sec. 2746.08.  In addition to any applicable fees or costs 662
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised 663
Code or any other applicable provision of law, a county court 664
shall tax as costs or otherwise require the payment of fees for 665
the following services rendered or as compensation for the 666
following persons or such other of the following fees as are 667
applicable in a particular case:668

       (A) The fees and costs provided for in section 1907.24 of the 669
Revised Code;670

       (B) Additional fees to computerize the court, make available 671
computerized legal research services, and computerize the office 672
of the clerk of the court, as provided in section 1907.261 of the 673
Revised Code;674

       (C) Arbitrators, as provided in section 1907.42 of the 675
Revised Code;676

       (D) Jurors, as provided in section 1907.28 of the Revised 677
Code;678

       (E) Performing a marriage ceremony, as provided in section 679
1907.26 of the Revised Code;680

       (F) Witnesses, as provided in section 1907.27 of the Revised 681
Code;682

       (G) In proceedings in the small claims division, the fees and 683
costs provided for in sections 1925.02, 1925.04, 1925.05, 1925.11, 684
and 1925.15 of the Revised Code;685

       (H) In a case in which an accused is brought before the court 686
pursuant to a warrant to keep the peace, an appeal bond, as 687
provided in section 2933.06 of the Revised Code;688

       (I) In a proceeding filed pursuant to dispute resolution 689
procedures established by rule of the court, a filing fee, as 690
provided in section 1907.262 of the Revised Code.691

       Sec. 2746.09.  In addition to any other applicable fees or 692
costs set forth in this chapter, a court shall tax as costs or 693
otherwise require the payment of the following fees, costs, or 694
expenses:695

       (A) The costs and expenses of a receiver allowed by the court 696
under section 323.49 of the Revised Code in a proceeding brought 697
by a county treasurer to be appointed receiver for the purposes of 698
collecting taxes and assessments charged upon real estate;699

       (B) The expenses of a referee or receiver allowed by the 700
court under section 1334.08 of the Revised Code in an action 701
brought by the attorney general pursuant to that section for a 702
violation of the business opportunity plans act;703

       (C) The expenses of a referee or receiver allowed by the 704
court under section 1345.07 of the Revised Code in an action 705
brought by the attorney general pursuant to that section for a 706
violation of the consumer sales practices act;707

       (D) The expenses of a master or receiver allowed by the court 708
under section 5311.27 of the Revised Code in an action brought by 709
the attorney general pursuant to that section for a violation of 710
the condominium act;711

       (E) Fees to which a receiver appointed under section 2715.20 712
or 2735.01 of the Revised Code may be entitled;713

       (F) Fees allowed to a receiver under any applicable rule of 714
court.715

       Sec. 2901.02.  As used in the Revised Code:716

       (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

       (B) Aggravated murder when the indictment or the count in the 721
indictment charging aggravated murder contains one or more 722
specifications of aggravating circumstances listed in division (A) 723
of section 2929.04 of Revised Code, and any other offense for 724
which death may be imposed as a penalty, is a capital offense.725

       (C) Aggravated murder and murder are felonies.726

       (D) Regardless of the penalty that may be imposed, any 727
offense specifically classified as a felony is a felony, and any 728
offense specifically classified as a misdemeanor is a misdemeanor.729

       (E) Any offense not specifically classified is a felony if 730
imprisonment for more than one year may be imposed as a penalty.731

       (F) Any offense not specifically classified is a misdemeanor 732
if imprisonment for not more than one year may be imposed as a 733
penalty.734

       (G) Any offense not specifically classified is a minor 735
misdemeanor if the only penalty that may be imposed is one of the 736
following:737

       (1) For an offense committed prior to the effective date of 738
this amendmentJanuary 1, 2004, a fine not exceeding one hundred 739
dollars;740

       (2) For an offense committed on or after the effective date 741
of this amendmentJanuary 1, 2004, a fine not exceeding one 742
hundred fifty dollars, community service under division (C)(D) of 743
section 2929.27 of the Revised Code, or a financial sanction other 744
than a fine under section 2929.28 of the Revised Code.745

       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

        If the court imposes restitution, the court may order that 778
the offender pay a surcharge of not more than five per cent of the 779
amount of the restitution otherwise ordered to the entity 780
responsible for collecting and processing restitution payments.781

       The victim or survivor may request that the prosecutor in the 782
case file a motion, or the offender may file a motion, for 783
modification of the payment terms of any restitution ordered. If 784
the court grants the motion, it may modify the payment terms as it 785
determines appropriate.786

       (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

       (3) Except as provided in division (B)(1), (3), or (4) of 797
this section, a fine payable by the offender to the state, to a 798
political subdivision when appropriate for a felony, or as 799
described in division (B)(2) of this section to one or more law 800
enforcement agencies, in the following amount:801

       (a) For a felony of the first degree, not more than twenty 802
thousand dollars;803

       (b) For a felony of the second degree, not more than fifteen 804
thousand dollars;805

       (c) For a felony of the third degree, not more than ten 806
thousand dollars;807

       (d) For a felony of the fourth degree, not more than five 808
thousand dollars;809

       (e) For a felony of the fifth degree, not more than two 810
thousand five hundred dollars.811

       (4) A state fine or costs as defined in section 2949.111 of 812
the Revised Code.813

       (5)(a) Reimbursement by the offender of any or all of the 814
costs of sanctions incurred by the government, including the 815
following:816

       (i) All or part of the costs of implementing any community 817
control sanction, including a supervision fee under section 818
2951.021 of the Revised Code;819

       (ii) All or part of the costs of confinement under a sanction 820
imposed pursuant to section 2929.14, 2929.142, or 2929.16 of the 821
Revised Code, provided that the amount of reimbursement ordered 822
under this division shall not exceed the total amount of 823
reimbursement the offender is able to pay as determined at a 824
hearing and shall not exceed the actual cost of the confinement;825

       (iii) All or part of the cost of purchasing and using an 826
immobilizing or disabling device, including a certified ignition 827
interlock device, or a remote alcohol monitoring device that a 828
court orders an offender to use under section 4510.13 of the 829
Revised Code.830

       (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

       (c) Reimbursement by the offender for costs pursuant to 847
section 2929.71 of the Revised Code.848

       (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

       (2) Any mandatory fine imposed upon an offender under 861
division (B)(1) of this section and any fine imposed upon an 862
offender under division (A)(2) or (3) of this section for any 863
fourth or fifth degree felony violation of any provision of 864
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 865
to law enforcement agencies pursuant to division (F) of section 866
2925.03 of the Revised Code.867

       (3) For a fourth degree felony OVI offense and for a third 868
degree felony OVI offense, the sentencing court shall impose upon 869
the offender a mandatory fine in the amount specified in division 870
(G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever 871
is applicable. The mandatory fine so imposed shall be disbursed as 872
provided in the division pursuant to which it is imposed.873

       (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

       (a) The total value of any personal or real property in which 891
the offender has an interest and that was used in the course of, 892
intended for use in the course of, derived from, or realized 893
through conduct in violation of section 2925.03 of the Revised 894
Code, including any property that constitutes proceeds derived 895
from that offense;896

       (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

       (7) If the sum total of the amount of a mandatory fine 940
imposed for a first, second, or third degree felony violation of 941
section 2925.03 of the Revised Code plus the amount of any fine 942
imposed under division (B)(4) of this section exceeds the maximum 943
statutory fine amount authorized for the level of the offense 944
under division (A)(3) of this section or section 2929.31 of the 945
Revised Code, the court shall not impose a fine under division 946
(B)(6) of this section.947

       (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

       (i) The gross income or value to the offender of the victim's 961
labor or services;962

       (ii) The value of the victim's labor as guaranteed under the 963
minimum wage and overtime provisions of the "Federal Fair Labor 964
Standards Act of 1938," 52 Stat. 1060, 20 U.S.C. 207, and state 965
labor laws.966

       (b) If a court imposing sentence upon an offender for a 967
felony is required to impose upon the offender a financial 968
sanction of restitution under division (B)(8)(a) of this section, 969
in addition to that financial sanction of restitution, the court 970
may sentence the offender to any other financial sanction or 971
combination of financial sanctions authorized under this section, 972
including a restitution sanction under division (A)(1) of this 973
section.974

       (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

       (4) Except as provided in section 2951.021 of the Revised 1018
Code, the offender shall pay reimbursements imposed pursuant to 1019
division (A)(5)(a) of this section for the costs incurred by a 1020
private provider pursuant to a sanction imposed under this section 1021
or section 2929.16 or 2929.17 of the Revised Code to the provider.1022

       (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, through1041
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

       (1) Obtain from the clerk of the court in which the judgment 1052
was entered a certificate of judgment that shall be in the same 1053
manner and form as a certificate of judgment issued in a civil 1054
action;1055

       (2) Obtain execution of the judgment or order through any 1056
available procedure, including:1057

       (a) An execution against the property of the judgment debtor 1058
under Chapter 2329. of the Revised Code;1059

       (b) An execution against the person of the judgment debtor 1060
under Chapter 2331. of the Revised Code;1061

       (c) A proceeding in aid of execution under Chapter 2333. of 1062
the Revised Code, including:1063

       (i) A proceeding for the examination of the judgment debtor 1064
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27 1065
of the Revised Code;1066

       (ii) A proceeding for attachment of the person of the 1067
judgment debtor under section 2333.28 of the Revised Code;1068

       (iii) A creditor's suit under section 2333.01 of the Revised 1069
Code.1070

       (d) The attachment of the property of the judgment debtor 1071
under Chapter 2715. of the Revised Code;1072

       (e) The garnishment of the property of the judgment debtor 1073
under Chapter 2716. of the Revised Code.1074

       (2)(3) Obtain an order for the assignment of wages of the 1075
judgment debtor under section 1321.33 of the Revised Code.1076

       (E) A court that imposes a financial sanction upon an 1077
offender may hold a hearing if necessary to determine whether the 1078
offender is able to pay the sanction or is likely in the future to 1079
be able to pay it.1080

       (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

       (G) If a court that imposes a financial sanction under 1094
division (A) or (B) of this section finds that an offender 1095
satisfactorily has completed all other sanctions imposed upon the 1096
offender and that all restitution that has been ordered has been 1097
paid as ordered, the court may suspend any financial sanctions 1098
imposed pursuant to this section or section 2929.32 of the Revised 1099
Code that have not been paid.1100

       (H) No financial sanction imposed under this section or 1101
section 2929.32 of the Revised Code shall preclude a victim from 1102
bringing a civil action against the offender.1103

       Sec. 2929.24.  (A) Except as provided in section 2929.22 or 1104
2929.23 of the Revised Code or division (E) or (F) of this section 1105
and unless another term is required or authorized pursuant to law, 1106
if the sentencing court imposing a sentence upon an offender for a 1107
misdemeanor elects or is required to impose a jail term on the 1108
offender pursuant to this chapter, the court shall impose a 1109
definite jail term that shall be one of the following:1110

       (1) For a misdemeanor of the first degree, not more than one 1111
hundred eighty days;1112

       (2) For a misdemeanor of the second degree, not more than 1113
ninety days;1114

       (3) For a misdemeanor of the third degree, not more than 1115
sixty days;1116

       (4) For a misdemeanor of the fourth degree, not more than 1117
thirty days.1118

       (B)(1) A court that sentences an offender to a jail term 1119
under this section may permit the offender to serve the sentence 1120
in intermittent confinement or may authorize a limited release of 1121
the offender as provided in division (B) of section 2929.26 of the 1122
Revised Code. The court retains jurisdiction over every offender 1123
sentenced to jail to modify the jail sentence imposed at any time, 1124
but the court shall not reduce any mandatory jail term.1125

       (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

        (b) If the prosecutor requests a hearing regarding the 1136
court's consideration of modifying the jail sentence of the 1137
offender in that case, the court shall hold the hearing before 1138
considering whether or not to release the offender from the 1139
offender's jail sentence.1140

       (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

       (1) The court shall specify both of the following as part of 1158
the sentence:1159

       (a) If the person is presented with an itemized bill pursuant 1160
to section 2929.37 of the Revised Code for payment of the costs of 1161
confinement, the person is required to pay the bill in accordance 1162
with that section.1163

       (b) If the person does not dispute the bill described in 1164
division (D)(1)(a) of this section and does not pay the bill by 1165
the times specified in section 2929.37 of the Revised Code, the 1166
clerk of the court may issue a certificate of judgment against the 1167
person as described in that section.1168

       (2) The sentence automatically includes any certificate of 1169
judgment issued as described in division (D)(1)(b) of this 1170
section.1171

       (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

       (F)(1) If an offender is convicted of or pleads guilty to a 1184
misdemeanor violation of section 2907.23, 2907.24, 2907.241, or 1185
2907.25 of the Revised Code and to a specification of the type 1186
described in section 2941.1421 of the Revised Code and if the 1187
court imposes a jail term on the offender for the misdemeanor 1188
violation, the court may impose upon the offender an additional 1189
definite jail term as follows:1190

       (a) Subject to division (F)(1)(b) of this section, an 1191
additional definite jail term of not more than sixty days;1192

       (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

       (G) If an offender is convicted of or pleads guilty to a 1224
misdemeanor violation of section 2903.13 of the Revised Code and 1225
also is convicted of or pleads guilty to a specification of the 1226
type described in section 2941.1423 of the Revised Code that 1227
charges that the victim of the violation was a woman whom the 1228
offender knew was pregnant at the time of the violation, the court 1229
shall impose on the offender a mandatory jail term that is a 1230
definite term of at least thirty days.1231

       (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

       Sec. 2929.25.  (A)(1) Except as provided in sections 2929.22 1240
and 2929.23 of the Revised Code or when a jail term is required by 1241
law, in sentencing an offender for a misdemeanor, other than a 1242
minor misdemeanor, the sentencing court may do either of the 1243
following:1244

       (a) Directly impose a sentence that consists of one or more 1245
community control sanctions authorized by section 2929.26, 1246
2929.27, or 2929.28 of the Revised Code. The court may impose any 1247
other conditions of release under a community control sanction 1248
that the court considers appropriate. If the court imposes a jail 1249
term upon the offender, the court may impose any community control 1250
sanction or combination of community control sanctions in addition 1251
to the jail term.1252

       (b) Impose a jail term under section 2929.24 of the Revised 1253
Code from the range of jail terms authorized under that section 1254
for the offense, suspend all or a portion of the jail term 1255
imposed, and place the offender under a community control sanction 1256
or combination of community control sanctions authorized under 1257
section 2929.26, 2929.27, or 2929.28 of the Revised Code.1258

       (2) The duration of all community control sanctions imposed 1259
upon an offender and in effect for an offender at any time shall 1260
not exceed five years.1261

       (3) At sentencing, if a court directly imposes a community 1262
control sanction or combination of community control sanctions 1263
pursuant to division (A)(1)(a) or (B) of this section, the court 1264
shall state the duration of the community control sanctions 1265
imposed and shall notify the offender that if any of the 1266
conditions of the community control sanctions are violated the 1267
court may do any of the following:1268

       (a) Impose a longer time under the same community control 1269
sanction if the total time under all of the offender's community 1270
control sanctions does not exceed the five-year limit specified in 1271
division (A)(2) of this section;1272

       (b) Impose a more restrictive community control sanction 1273
under section 2929.26, 2929.27, or 2929.28 of the Revised Code, 1274
but the court is not required to impose any particular sanction or 1275
sanctions;1276

       (c) Impose a definite jail term from the range of jail terms 1277
authorized for the offense under section 2929.24 of the Revised 1278
Code.1279

       (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

       (2) If an offender violates any condition of a community 1331
control sanction, the sentencing court may impose upon the 1332
violator one or more of the following penalties:1333

       (a) A longer time under the same community control sanction 1334
if the total time under all of the community control sanctions 1335
imposed on the violator does not exceed the five-year limit 1336
specified in division (A)(2) of this section;1337

       (b) A more restrictive community control sanction;1338

       (c) A combination of community control sanctions, including a 1339
jail term. 1340

       (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

       Sec. 2929.27.  (A) Except when a mandatory jail term is 1360
required by law, the court imposing a sentence for a misdemeanor, 1361
other than a minor misdemeanor, may impose upon the offender any 1362
nonresidential sanction or combination of nonresidential sanctions 1363
authorized under this division. Nonresidential sanctions include, 1364
but are not limited to, the following:1365

       (1) A term of day reporting;1366

       (2) A term of house arrest with electronic monitoring or 1367
continuous alcohol monitoring or both electronic monitoring and 1368
continuous alcohol monitoring, a term of electronic monitoring or 1369
continuous alcohol monitoring without house arrest, or a term of 1370
house arrest without electronic monitoring or continuous alcohol 1371
monitoring;1372

       (3) A term of community service of up to five hundred hours 1373
for a misdemeanor of the first degree or two hundred hours for a 1374
misdemeanor of the second, third, or fourth degree;1375

       (4) A term in a drug treatment program with a level of 1376
security for the offender as determined necessary by the court;1377

       (5) A term of intensive probation supervision;1378

       (6) A term of basic probation supervision;1379

       (7) A term of monitored time;1380

       (8) A term of drug and alcohol use monitoring, including 1381
random drug testing;1382

       (9) A curfew term;1383

       (10) A requirement that the offender obtain employment;1384

       (11) A requirement that the offender obtain education or 1385
training;1386

       (12) Provided the court obtains the prior approval of the 1387
victim, a requirement that the offender participate in 1388
victim-offender mediation;1389

       (13) If authorized by law, suspension of the offender's 1390
privilege to operate a motor vehicle, immobilization or forfeiture 1391
of the offender's motor vehicle, a requirement that the offender 1392
obtain a valid motor vehicle operator's license, or any other 1393
related sanction;1394

       (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

       (C) In addition to the sanctions authorized under division 1423
(A) of this section, the court imposing a sentence for a 1424
misdemeanor, other than a minor misdemeanor, upon an offender who 1425
is not required to serve a mandatory jail term may impose any 1426
other sanction that is intended to discourage the offender or 1427
other persons from committing a similar offense if the sanction is 1428
reasonably related to the overriding purposes and principles of 1429
misdemeanor sentencing.1430

       (C)(D) The court imposing a sentence for a minor misdemeanor 1431
may impose a term of community service in lieu of all or part of a 1432
fine. The term of community service imposed for a minor 1433
misdemeanor shall not exceed thirty hours. After imposing a term 1434
of community service, the court may modify the sentence to 1435
authorize a reasonable contribution, as determined by the court, 1436
to the appropriate general fund as provided in division (B) of 1437
this section.1438

       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

       All restitution payments shall be credited against any 1476
recovery of economic loss in a civil action brought by the victim 1477
or any survivor of the victim against the offender. No person may 1478
introduce evidence of an award of restitution under this section 1479
in a civil action for purposes of imposing liability against an 1480
insurer under section 3937.18 of the Revised Code.1481

        If the court imposes restitution, the court may order that 1482
the offender pay a surcharge, of not more than five per cent of 1483
the amount of the restitution otherwise ordered, to the entity 1484
responsible for collecting and processing restitution payments.1485

       The victim or survivor may request that the prosecutor in the 1486
case file a motion, or the offender may file a motion, for 1487
modification of the payment terms of any restitution ordered. If 1488
the court grants the motion, it may modify the payment terms as it 1489
determines appropriate.1490

       (2) A fine of the type described in divisions (A)(2)(a) and 1491
(b) of this section payable to the appropriate entity as required 1492
by law:1493

       (a) A fine in the following amount:1494

       (i) For a misdemeanor of the first degree, not more than one 1495
thousand dollars;1496

       (ii) For a misdemeanor of the second degree, not more than 1497
seven hundred fifty dollars;1498

       (iii) For a misdemeanor of the third degree, not more than 1499
five hundred dollars;1500

       (iv) For a misdemeanor of the fourth degree, not more than 1501
two hundred fifty dollars;1502

       (v) For a minor misdemeanor, not more than one hundred fifty 1503
dollars.1504

       (b) A state fine or cost as defined in section 2949.111 of 1505
the Revised Code.1506

       (3)(a) Reimbursement by the offender of any or all of the 1507
costs of sanctions incurred by the government, including, but not 1508
limited to, the following:1509

       (i) All or part of the costs of implementing any community 1510
control sanction, including a supervision fee under section 1511
2951.021 of the Revised Code;1512

       (ii) All or part of the costs of confinement in a jail or 1513
other residential facility, including, but not limited to, a per 1514
diem fee for room and board, the costs of medical and dental 1515
treatment, and the costs of repairing property damaged by the 1516
offender while confined;1517

       (iii) All or part of the cost of purchasing and using an 1518
immobilizing or disabling device, including a certified ignition 1519
interlock device, or a remote alcohol monitoring device that a 1520
court orders an offender to use under section 4510.13 of the 1521
Revised Code.1522

       (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

       (B) If the court determines a hearing is necessary, the court 1533
may hold a hearing to determine whether the offender is able to 1534
pay the financial sanction imposed pursuant to this section or 1535
court costs or is likely in the future to be able to pay the 1536
sanction or costs.1537

       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

       (3) The offender shall pay reimbursements imposed pursuant to 1581
division (A)(3) of this section for the costs incurred by a 1582
private provider pursuant to a sanction imposed under this section 1583
or section 2929.26 or 2929.27 of the Revised Code to the provider.1584

       (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

       Once the financial sanction is imposed as a judgment or order 1607
under this division, the victim, private provider, state, or 1608
political subdivision may bring an action to do any of the 1609
following:1610

       (1) Obtain from the clerk of the court in which the judgment 1611
was entered a certificate of judgment that shall be in the same 1612
manner and form as a certificate of judgment issued in a civil 1613
action;1614

       (2) Obtain execution of the judgment or order through any 1615
available procedure, including any of the procedures identified in 1616
divisions (D)(1)(a) to (e)and (2) of section 2929.18 of the 1617
Revised Code.1618

       (2)(3) Obtain an order for the assignment of wages of the 1619
judgment debtor under section 1321.33 of the Revised Code.1620

       (E) The civil remedies authorized under division (D) of this 1621
section for the collection of the financial sanction supplement, 1622
but do not preclude, enforcement of the criminal sentence.1623

       (F) Each court imposing a financial sanction upon an offender 1624
under this section may designate the clerk of the court or another 1625
person to collect the financial sanction. The clerk, or another 1626
person authorized by law or the court to collect the financial 1627
sanction may do the following:1628

       (1) Enter into contracts with one or more public agencies or 1629
private vendors for the collection of amounts due under the 1630
sanction. Before entering into a contract for the collection of 1631
amounts due from an offender pursuant to any financial sanction 1632
imposed pursuant to this section, a court shall comply with 1633
sections 307.86 to 307.92 of the Revised Code.1634

       (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

       (3) To defray administrative costs, charge a reasonable fee 1650
to an offender who elects a payment plan rather than a lump sum 1651
payment of any financial sanction.1652

       (G) No financial sanction imposed under this section shall 1653
preclude a victim from bringing a civil action against the 1654
offender.1655

       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

       A court may permit any offender convicted of a felony or a 1713
misdemeanor to satisfy the payment of a fine imposed for the 1714
offense pursuant to section 2929.18 or 2929.28 of the Revised Code 1715
by performing supervised community service work as described in 1716
this division if the offender requests an opportunity to satisfy 1717
the payment by this means and if the court determines that the 1718
offender is financially unable to pay the fine.1719

       After imposing a term of community service, the court may 1720
modify the sentence to authorize a reasonable contribution to the 1721
appropriate general fund as provided in division (B) of section 1722
2929.27 of the Revised Code.1723

       The supervised community service work that may be imposed 1724
under this division shall be subject to the following limitations:1725

       (1) The court shall fix the period of the work and, if 1726
necessary, shall distribute it over weekends or over other 1727
appropriate times that will allow the offender to continue at the 1728
offender's occupation or to care for the offender's family. The 1729
period of the work as fixed by the court shall not exceed in the 1730
aggregate the number of hours of community service imposed by the 1731
court pursuant to section 2929.17 or 2929.27 of the Revised Code.1732

       (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

       If, within three years of the offense, the offender 1848
previously washas been convicted of or pleaded guilty to two or 1849
more violations of this section or a substantially equivalent 1850
municipal ordinance, the offense is a misdemeanor of the first 1851
degree.1852

       (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

       (C) This section is not intended to change or modify any 1929
provision of Chapter 4503. of the Revised Code with respect to the 1930
taxation of motor vehicles or the time within which the taxes on 1931
motor vehicles shall be paid.1932

       Sec. 4507.164.  (A) Except as provided in divisions (C) to 1933
(E) of this section, when the license of any person is suspended 1934
pursuant to any provision of the Revised Code other than division 1935
(G) of section 4511.19 of the Revised Code and other than section 1936
4510.07 of the Revised Code for a violation of a municipal OVI 1937
ordinance, the trial judge may impound the identification license 1938
plates of any motor vehicle registered in the name of the person.1939

       (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

       (F) Except as provided in section 4503.233 or 4503.234 of the 2034
Revised Code, when the certificate of registration, the 2035
identification license plates, or both have been impounded, 2036
division (B) of section 4507.02 of the Revised Code is applicable.2037

       (G) As used in this section, "municipal OVI offense" has the 2038
same meaning as in section 4511.181 of the Revised Code.2039

       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

       (2) If, within three years of the offense, the offender 2069
previously has been convicted of or pleaded guilty to two or more 2070
violations of this section or a substantially equivalent municipal 2071
ordinance, the offense is a misdemeanor of the first degree.2072

       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

       (C) A court shall assess the following points for an offense 2098
based on the following formula:2099

       (1) Aggravated vehicular homicide, vehicular homicide, 2100
vehicular manslaughter, aggravated vehicular assault, or vehicular 2101
assault when the offense involves the operation of a vehicle, 2102
streetcar, or trackless trolley on a highway or street .......... 2103
6 points2104

       (2) A violation of section 2921.331 of the Revised Code or 2105
any ordinance prohibiting the willful fleeing or eluding of a law 2106
enforcement officer .......... 6 points2107

       (3) A violation of section 4549.02 or 4549.021 of the Revised 2108
Code or any ordinance requiring the driver of a vehicle to stop 2109
and disclose identity at the scene of an accident .......... 6 2110
points2111

       (4) A violation of section 4511.251 of the Revised Code or 2112
any ordinance prohibiting street racing .......... 6 points2113

       (5) A violation of section 4510.11, 4510.14, 4510.16, or 2114
4510.214510.037 of the Revised Code or any ordinance prohibiting 2115
the operation of a motor vehicle while the driver's or commercial 2116
driver's license is under a twelve-point suspension .......... 6 2117
points2118

       (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 points2128

       (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 points2137

       (7)(8) A violation of section 2913.03 of the Revised Code 2138
that does not involve an aircraft or motorboat or any ordinance 2139
prohibiting the operation of a vehicle without the consent of the 2140
owner .......... 6 points2141

       (8)(9) Any offense under the motor vehicle laws of this state 2142
that is a felony, or any other felony in the commission of which a 2143
motor vehicle was used .......... 6 points2144

       (9)(10) A violation of division (B) of section 4511.19 of the 2145
Revised Code or any ordinance substantially equivalent to that 2146
division prohibiting the operation of a vehicle with a prohibited 2147
concentration of alcohol in the whole blood, blood serum or 2148
plasma, breath, or urine .......... 4 points2149

       (10)(11) A violation of section 4511.20 of the Revised Code 2150
or any ordinance prohibiting the operation of a motor vehicle in 2151
willful or wanton disregard of the safety of persons or property 2152
.......... 4 points2153

       (11)(12) A violation of any law or ordinance pertaining to 2154
speed:2155

       (a) Notwithstanding divisions (C)(11)(12)(b) and (c) of this 2156
section, when the speed exceeds the lawful speed limit by thirty 2157
miles per hour or more .......... 4 points2158

       (b) When the speed exceeds the lawful speed limit of 2159
fifty-five miles per hour or more by more than ten miles per hour 2160
.......... 2 points2161

       (c) When the speed exceeds the lawful speed limit of less 2162
than fifty-five miles per hour by more than five miles per hour 2163
.......... 2 points2164

       (d) When the speed does not exceed the amounts set forth in 2165
divisions (C)(11)(12)(a), (b), or (c) of this section .......... 0 2166
points2167

       (12)(13) Operating a motor vehicle in violation of a 2168
restriction imposed by the registrar .......... 2 points2169

       (13) All(14) A violation of section 4510.11, 4510.111, 2170
4510.16, or 4510.21 of the Revised Code or any ordinance 2171
prohibiting the operation of a motor vehicle while the driver's or 2172
commercial driver's license is under suspension .......... 2 2173
points2174

       (15) With the exception of violations under section 4510.12 2175
of the Revised Code where no points shall be assessed, all other 2176
moving violations reported under this section .......... 2 points2177

       (D) Upon receiving notification from the proper court, 2178
including a United States district court that has jurisdiction 2179
within this state, the bureau shall delete any points entered for 2180
a bond forfeiture if the driver is acquitted of the offense for 2181
which bond was posted.2182

       (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

       (2) In any three-year period, the registrar shall approve 2239
only one two-point credit on a person's driving record under 2240
division (C)(1) of this section. The registrar shall approve not 2241
more than five two-point credits on a person's driving record 2242
under division (C)(1) of this section during that person's 2243
lifetime.2244

       (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

       In hearing the petition and determining whether the person 2279
filing the petition has shown cause why the person's driver's or 2280
commercial driver's license or permit or nonresident operating 2281
privilege should not be suspended, the court shall decide the 2282
issue on the record certified by the registrar and any additional 2283
relevant, competent, and material evidence that either the 2284
registrar or the person whose license is sought to be suspended 2285
submits.2286

       (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

       (H) Any person whose driver's or commercial driver's license 2315
or permit or nonresident operating privileges are suspended under 2316
this section is not entitled to apply for or receive a new 2317
driver's or commercial driver's license or permit or to request or 2318
be granted nonresident operating privileges during the effective 2319
period of the suspension.2320

       (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

       (K) The registrar, in accordance with specific statutory 2339
authority, may suspend the privilege of driving a motor vehicle on 2340
the public roads and highways of this state that is granted to 2341
nonresidents by section 4507.04 of the Revised Code.2342

       (L) Any course of remedial driving instruction the director 2343
of public safety approves under this section shall require its 2344
students to attend at least fifty per cent of the course in 2345
person. The director shall not approve any course of remedial 2346
driving instruction that permits its students to take more than 2347
fifty per cent of the course in any other manner, including via 2348
video teleconferencing or the internet.2349

       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

       (B) No person shall operate any motor vehicle upon a highway 2362
or any public or private property used by the public for purposes 2363
of vehicular travel or parking in this state in violation of any 2364
restriction of the person's driver's or commercial driver's 2365
license or permit imposed under division (D) of section 4506.10 or 2366
under section 4507.14 of the Revised Code.2367

       (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

       (2) Whoever violates division (B) of this section is guilty 2410
of driving in violation of a license restriction, a misdemeanor of 2411
the first degree.2412

       (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

       (D)(E) Any order for immobilization and impoundment under 2450
this section shall be issued and enforced under sectionsections2451
4503.233 and 4507.02 of the Revised Code, as applicable. The court 2452
shall not release a vehicle from immobilization ordered under this 2453
section unless the court is presented with current proof of 2454
financial responsibility with respect to that vehicle.2455

       (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

       Sec. 4510.111.  (A) No person shall operate any motor vehicle 2481
upon a highway or any public or private property used by the 2482
public for purposes of vehicular travel or parking in this state 2483
whose driver's or commercial driver's license has been suspended 2484
pursuant to section 4510.22 of the Revised Code for failing to 2485
appear in court or to pay a fine, resulting in license forfeiture.2486

       (B) No person shall operate any motor vehicle upon a highway 2487
or any public or private property used by the public for purposes 2488
of vehicular travel or parking in this state whose driver's or 2489
commercial driver's license has been suspended pursuant to section 2490
3123.58 of the Revised Code for being in default in payment of 2491
child support.2492

       (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

       (D) Whoever violates division (A) or (B) of this section is 2504
guilty of driving under suspension and shall be punished as 2505
provided in division (D) of this section.2506

       (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

       (3) In all cases, the court may impose a class seven 2540
suspension of the offender's driver's or commercial driver's 2541
license or permit or nonresident operating privilege from the 2542
range of time specified in division (A)(7) of section 4507.02 of 2543
the Revised Code.2544

       (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

       (E) An order for immobilization and impoundment under this 2577
section shall be issued and enforced under sections 4503.233 and 2578
4507.02 of the Revised Code, as applicable. The court shall not 2579
release a motor vehicle from immobilization ordered under this 2580
section unless the court is presented with current proof of 2581
financial responsibility with respect to that motor vehicle.2582

       (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

       (C) Whoever violates this section is guilty of operating a 2633
motor vehicle or motorcycle without a valid license and shall be 2634
punished as follows:2635

       (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 been2658
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 three2669
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

       (C)(D) The court shall not impose a license suspension for a 2673
first violation of this section or if more than three years have 2674
passed since the offender's last violation of this section or a 2675
substantially equivalent municipal ordinance.2676

       (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

       Sec. 4510.14.  (A) No person whose driver's or commercial 2688
driver's license or permit or nonresident operating privilege has 2689
been suspended under section 4511.19, 4511.191, or 4511.196 of the 2690
Revised Code or under section 4510.07 of the Revised Code for a 2691
conviction of a violation of a municipal OVI ordinance shall 2692
operate any motor vehicle upon the public roads or highways within 2693
this state during the period of the suspension.2694

       (B) Whoever violates this section is guilty of driving under 2695
OVI suspension. The court shall sentence the offender under 2696
Chapter 2929. of the Revised Code, subject to the differences 2697
authorized or required by this section.2698

       (1) Except as otherwise provided in division (B)(2) or (3) of 2699
this section, driving under OVI suspension is a misdemeanor of the 2700
first degree. The court shall sentence the offender to all of the 2701
following:2702

       (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

       (b) A fine of not less than two hundred fifty and not more 2713
than one thousand dollars;2714

       (c) A license suspension under division (E) of this section;2715

       (d) If the vehicle the offender was operating at the time of 2716
the offense is registered in the offender's name, immobilization 2717
for thirty days of the offender's vehicle and impoundment for 2718
thirty days of the identification license plates of that vehicle. 2719
The order for immobilization and impoundment shall be issued and 2720
enforced in accordance with section 4503.233 of the Revised Code.2721

       (2) If, within six years of the offense, the offender 2722
previously has been convicted of or pleaded guilty to one 2723
violation of this section or one equivalent offense, driving under 2724
OVI suspension is a misdemeanor of the first degree. The court 2725
shall sentence the offender to all of the following:2726

       (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

       (b) Notwithstanding the fines provided for in Chapter 2929. 2736
of the Revised Code, a fine of not less than five hundred and not 2737
more than two thousand five hundred dollars;2738

       (c) A license suspension under division (E) of this section;2739

       (d) If the vehicle the offender was operating at the time of 2740
the offense is registered in the offender's name, immobilization 2741
of the offender's vehicle for sixty days and the impoundment for 2742
sixty days of the identification license plates of that vehicle. 2743
The order for immobilization and impoundment shall be issued and 2744
enforced in accordance with section 4503.233 of the Revised Code.2745

       (3) If, within six years of the offense, the offender 2746
previously has been convicted of or pleaded guilty to two or more 2747
violations of this section or two or more equivalent offenses, 2748
driving under OVI suspension is a misdemeanor. The court shall 2749
sentence the offender to all of the following:2750

       (a) A mandatory jail term of thirty consecutive days. 2751
Notwithstanding the jail terms provided in sections 2929.21 to 2752
2929.28 of the Revised Code, the court may sentence the offender 2753
to a longer jail term of not more than one year. The court shall 2754
not sentence the offender to a term of house arrest with 2755
electronic monitoring in lieu of the mandatory portion of the jail 2756
term.2757

       (b) Notwithstanding the fines set forth in Chapter 2929. of 2758
the Revised Code, a fine of not less than five hundred and not 2759
more than two thousand five hundred dollars;2760

       (c) A license suspension under division (E) of this section;2761

       (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 dealers2771
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

       An offender sentenced under this section to a period of house 2783
arrest with electronic monitoring shall be permitted work release 2784
during that period.2785

       (D) Fifty per cent of any fine imposed by a court under 2786
division (B)(1), (2), or (3) of this section shall be deposited 2787
into the county indigent drivers alcohol treatment fund or 2788
municipal indigent drivers alcohol treatment fund under the 2789
control of that court, as created by the county or municipal 2790
corporation pursuant to division (H) of section 4511.191 of the 2791
Revised Code.2792

       (E) In addition to or independent of all other penalties 2793
provided by law or ordinance, the trial judge of any court of 2794
record or the mayor of a mayor's court shall impose on an offender 2795
who is convicted of or pleads guilty to a violation of this 2796
section a class seven suspension of the offender's driver's or 2797
commercial driver's license or permit or nonresident operating 2798
privilege from the range specified in division (A)(7) of section 2799
4510.02 of the Revised Code.2800

       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

       (G) As used in this section:2830

       (1) "Electronic monitoring" has the same meaning as in 2831
section 2929.01 of the Revised Code.2832

       (2) "Equivalent offense" means any of the following:2833

       (a) A violation of a municipal ordinance, law of another 2834
state, or law of the United States that is substantially 2835
equivalent to division (A) of this section;2836

       (b) A violation of a former law of this state that was 2837
substantially equivalent to division (A) of this section.2838

       (3) "Jail" has the same meaning as in section 2929.01 of the 2839
Revised Code.2840

       (4) "Mandatory jail term" means the mandatory term in jail of 2841
three, ten, or thirty consecutive days that must be imposed under 2842
division (B)(1), (2), or (3) of this section upon an offender 2843
convicted of a violation of division (A) of this section and in 2844
relation to which all of the following apply:2845

       (a) Except as specifically authorized under this section, the 2846
term must be served in a jail.2847

       (b) Except as specifically authorized under this section, the 2848
term cannot be suspended, reduced, or otherwise modified pursuant 2849
to any provision of the Revised Code.2850

       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

       (B)(1)No person shall operate any motor vehicle upon a 2867
highway or any public or private property used by the public for 2868
purposes of vehicular travel or parking in this state if the 2869
person's driver's or commercial driver's license or temporary 2870
instruction permit or nonresident operating privilege has been 2871
suspended pursuant to section 4509.37 or 4509.40 of the Revised 2872
Code for nonpayment of a judgment.2873

       (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

       (D) Whoever violates division (A) of this section is guilty 2887
of driving under financial responsibility law suspension or 2888
cancellation and shall be punished as provided in divisions (D) to 2889
(I) of this section. Whoever violates division (B) of this section 2890
is guilty of driving under a nonpayment of judgment suspension and 2891
shall be punished as provided in divisions (D) to (I) of this 2892
section. Except2893

       (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

       (2) If, within three years of the offense, the offender 2911
previously was convicted of or pleaded guilty to two or more 2912
violations of this section, or any combination of two violations 2913
of this section or section 4510.11 or 4510.111 of the Revised 2914
Code, or a substantially equivalent municipal ordinance, the 2915
offense is a misdemeanor of the first degree. The2916

       (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

       (F) The court shallmay impose a class seven suspension of 2928
the offender's driver's or commercial driver's license or permit 2929
or nonresident operating privilege forfrom the periodrange of 2930
time specified in division (A)(7) of section 4510.02 of the 2931
Revised Code.2932

       (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 the2954
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

       (C)(H) Any order for immobilization and impoundment under 2975
this section shall be issued and enforced in accordance with 2976
sections 4503.233 and 4507.02 of the Revised Code, as applicable. 2977
Any order of criminal forfeiture shall be issued and enforced in 2978
accordance with section 4503.234 of the Revised Code. The court 2979
shall not release a vehicle from immobilization ordersordered2980
under this section unless the court is presented with current 2981
proof of financial responsibility with respect to that vehicle.2982

       (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

       Sec. 4510.161.  (A) The requirements and sanctions imposed by 2996
divisions (B) and (C) of this section are an adjunct to and derive 2997
from the state's exclusive authority over the registration and 2998
titling of motor vehicles and do not comprise a part of the 2999
criminal sentence to be imposed upon a person who violates a 3000
municipal ordinance that is substantially equivalent to section 3001
4510.14 or to division (A) of section 4510.16 of the Revised Code.3002

       (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 two3051
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

       (C) If a person is convicted of or pleads guilty to a 3066
violation of a municipal ordinance that is substantially 3067
equivalent to section 4510.14 of the Revised Code, the court, in 3068
addition to and independent of any sentence that it imposes upon 3069
the offender for the offense, if the vehicle the offender was 3070
operating at the time of the offense is registered in the 3071
offender's name, shall do whichever of the following is 3072
applicable:3073

       (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 identification3081
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

       (3) If, within fivesix years of the current offense, the 3094
offender has been convicted of or pleaded guilty to two or more 3095
violations of section 4510.14 or former division (D)(2) of section 3096
4507.02 of the Revised Code or a municipal ordinance that is 3097
substantially equivalent to that section or former division, the 3098
court shall order the criminal forfeiture to the state of the 3099
vehicle the offender was operating at the time of the offense.3100

       (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 sectionsections3105
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

       (C) Whoever violates this section is guilty of failure to 3143
reinstate a license,and shall be punished as follows:3144

       (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

       (2) If, within three years of a violation of division (A) of 3162
this section, the offender previously has pleaded guilty to or 3163
been convicted of two or more violations of division (A) of this 3164
section or a substantially equivalent municipal ordinance, the 3165
offender is guilty of a misdemeanor of the first degree. The3166

       (3) In all cases, the court may impose upon the offender a 3167
class seven suspension of the offender's driver's license, 3168
commercial driver's license, temporary instruction permit, 3169
probationary driver's license, or nonresident operating privilege 3170
from the range specified in division (A)(7) of section 4510.02 of 3171
the Revised Code.3172

       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 a3186
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

       The registrar shall not be required to give effect to any 3250
declaration of forfeiture or order terminating a forfeiture 3251
provided by a court under this section unless the information 3252
contained in the declaration or order is transmitted to the 3253
registrar by means of an electronic transfer system. The registrar 3254
shall not restore the person's driving or vehicle registration 3255
privileges until the person pays the reinstatement fee as provided 3256
in this section.3257

       The period of denial relating to the issuance or transfer of 3258
a certificate of registration for a motor vehicle imposed pursuant 3259
to this division remains in effect until the person pays any fine 3260
imposed by the court relative to the offense.3261

       Sec. 4510.41.  (A) As used in this section:3262

       (1) "Arrested person" means a person who is arrested for a 3263
violation of section 4510.14, 4510.16, or 4511.203 of the Revised 3264
Code, or a municipal ordinance that is substantially equivalent to 3265
any of those sections, and whose arrest results in a vehicle being 3266
seized under division (B) of this section.3267

       (2) "Vehicle owner" means either of the following:3268

       (a) The person in whose name is registered, at the time of 3269
the seizure, a vehicle that is seized under division (B) of this 3270
section;3271

       (b) A person to whom the certificate of title to a vehicle 3272
that is seized under division (B) of this section has been 3273
assigned and who has not obtained a certificate of title to the 3274
vehicle in that person's name, but who is deemed by the court as 3275
being the owner of the vehicle at the time the vehicle was seized 3276
under division (B) of this section.3277

       (3) "Interested party" includes the owner of a vehicle seized 3278
under this section, all lienholders, the arrested person, the 3279
owner of the place of storage at which a vehicle seized under this 3280
section is stored, and the person or entity that caused the 3281
vehicle to be removed.3282

       (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

       The written notice that is given to the arrested person also 3348
shall state that if the person is convicted of or pleads guilty to 3349
the offense and the court issues an immobilization and impoundment 3350
order relative to that vehicle, division (D)(4) of section 3351
4503.233 of the Revised Code prohibits the vehicle from being sold 3352
during the period of immobilization without the prior approval of 3353
the court.3354

       (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

       (a) The place is leased by or otherwise under the control of 3397
a law enforcement or other government agency.3398

       (b) The place is owned by the arrested person, the arrested 3399
person's spouse, or a parent or child of the arrested person.3400

       (c) The place is owned by a private person or entity, and, 3401
prior to the immobilization, the private entity or person that 3402
owns the place, or the authorized agent of that private entity or 3403
person, has given express written consent for the immobilization 3404
to be carried out at that place.3405

       (d) The place is a public street or highway on which the 3406
vehicle is parked in accordance with the law.3407

       (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

       (b) If, at any time, the charge that the arrested person 3472
violated section 4510.14, 4510.16, or 4511.203 of the Revised 3473
Code, or a municipal ordinance that is substantially equivalent to 3474
any of those sections is dismissed for any reason, the court shall 3475
order that the vehicle seized at the time of the arrest and its 3476
license plates immediately be released to the person.3477

       (D) If a vehicle and its license plates are seized under 3478
division (B)(1) of this section and are not returned or released 3479
to the arrested person pursuant to division (C) of this section, 3480
the vehicle and its license plates shall be retained until the 3481
final disposition of the charge in question. Upon the final 3482
disposition of that charge, the court shall do whichever of the 3483
following is applicable:3484

       (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

       (3) If the arrested person is found not guilty of the 3525
violation of section 4510.14, 4510.16, or 4511.203 of the Revised 3526
Code, or a municipal ordinance that is substantially equivalent to 3527
any of those sections, the court shall order that the vehicle and 3528
its license plates immediately be released to the arrested person.3529

       (4) If the charge that the arrested person violated section 3530
4510.14, 4510.16, or 4511.203 of the Revised Code, or a municipal 3531
ordinance that is substantially equivalent to any of those 3532
sections is dismissed for any reason, the court shall order that 3533
the vehicle and its license plates immediately be released to the 3534
arrested person.3535

       (5) If the impoundment of the vehicle was not authorized 3536
under this section, the court shall order that the vehicle and its 3537
license plates be returned immediately to the arrested person or, 3538
if the arrested person is not the vehicle owner, to the vehicle 3539
owner and shall order that the state or political subdivision of 3540
the law enforcement agency served by the law enforcement officer 3541
who seized the vehicle pay all expenses and charges incurred in 3542
its removal and storage.3543

       (E) If a vehicle is seized under division (B)(2) of this 3544
section, the time between the seizure of the vehicle and either 3545
its release to the arrested person pursuant to division (C) of 3546
this section or the issuance of an order of immobilization of the 3547
vehicle under section 4503.233 of the Revised Code shall be 3548
credited against the period of immobilization ordered by the 3549
court.3550

       (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

       (2) Whenever a court issues an order under division (F)(1) of 3589
this section, the court also shall order removal of the license 3590
plates from the vehicle and cause them to be sent to the registrar 3591
if they have not already been sent to the registrar. Thereafter, 3592
no further proceedings shall take place under this section or 3593
under section 4503.233 of the Revised Code.3594

       (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

       Sec. 4511.19.  (A)(1) No person shall operate any vehicle, 3607
streetcar, or trackless trolley within this state, if, at the time 3608
of the operation, any of the following apply:3609

       (a) The person is under the influence of alcohol, a drug of 3610
abuse, or a combination of them.3611

       (b) The person has a concentration of eight-hundredths of one 3612
per cent or more but less than seventeen-hundredths of one per 3613
cent by weight per unit volume of alcohol in the person's whole 3614
blood.3615

       (c) The person has a concentration of ninety-six-thousandths 3616
of one per cent or more but less than two hundred four-thousandths 3617
of one per cent by weight per unit volume of alcohol in the 3618
person's blood serum or plasma.3619

       (d) The person has a concentration of eight-hundredths of one 3620
gram or more but less than seventeen-hundredths of one gram by 3621
weight of alcohol per two hundred ten liters of the person's 3622
breath.3623

       (e) The person has a concentration of eleven-hundredths of 3624
one gram or more but less than two hundred 3625
thirty-eight-thousandths of one gram by weight of alcohol per one 3626
hundred milliliters of the person's urine.3627

       (f) The person has a concentration of seventeen-hundredths of 3628
one per cent or more by weight per unit volume of alcohol in the 3629
person's whole blood.3630

       (g) The person has a concentration of two hundred 3631
four-thousandths of one per cent or more by weight per unit volume 3632
of alcohol in the person's blood serum or plasma.3633

       (h) The person has a concentration of seventeen-hundredths of 3634
one gram or more by weight of alcohol per two hundred ten liters 3635
of the person's breath.3636

       (i) The person has a concentration of two hundred 3637
thirty-eight-thousandths of one gram or more by weight of alcohol 3638
per one hundred milliliters of the person's urine.3639

       (j) Except as provided in division (K) of this section, the 3640
person has a concentration of any of the following controlled 3641
substances or metabolites of a controlled substance in the 3642
person's whole blood, blood serum or plasma, or urine that equals 3643
or exceeds any of the following:3644

       (i) The person has a concentration of amphetamine in the 3645
person's urine of at least five hundred nanograms of amphetamine 3646
per milliliter of the person's urine or has a concentration of 3647
amphetamine in the person's whole blood or blood serum or plasma 3648
of at least one hundred nanograms of amphetamine per milliliter of 3649
the person's whole blood or blood serum or plasma.3650

       (ii) The person has a concentration of cocaine in the 3651
person's urine of at least one hundred fifty nanograms of cocaine 3652
per milliliter of the person's urine or has a concentration of 3653
cocaine in the person's whole blood or blood serum or plasma of at 3654
least fifty nanograms of cocaine per milliliter of the person's 3655
whole blood or blood serum or plasma.3656

       (iii) The person has a concentration of cocaine metabolite in 3657
the person's urine of at least one hundred fifty nanograms of 3658
cocaine metabolite per milliliter of the person's urine or has a 3659
concentration of cocaine metabolite in the person's whole blood or 3660
blood serum or plasma of at least fifty nanograms of cocaine 3661
metabolite per milliliter of the person's whole blood or blood 3662
serum or plasma.3663

       (iv) The person has a concentration of heroin in the person's 3664
urine of at least two thousand nanograms of heroin per milliliter 3665
of the person's urine or has a concentration of heroin in the 3666
person's whole blood or blood serum or plasma of at least fifty 3667
nanograms of heroin per milliliter of the person's whole blood or 3668
blood serum or plasma.3669

       (v) The person has a concentration of heroin metabolite 3670
(6-monoacetyl morphine) in the person's urine of at least ten 3671
nanograms of heroin metabolite (6-monoacetyl morphine) per 3672
milliliter of the person's urine or has a concentration of heroin 3673
metabolite (6-monoacetyl morphine) in the person's whole blood or 3674
blood serum or plasma of at least ten nanograms of heroin 3675
metabolite (6-monoacetyl morphine) per milliliter of the person's 3676
whole blood or blood serum or plasma.3677

       (vi) The person has a concentration of L.S.D. in the person's 3678
urine of at least twenty-five nanograms of L.S.D. per milliliter 3679
of the person's urine or a concentration of L.S.D. in the person's 3680
whole blood or blood serum or plasma of at least ten nanograms of 3681
L.S.D. per milliliter of the person's whole blood or blood serum 3682
or plasma.3683

       (vii) The person has a concentration of marihuana in the 3684
person's urine of at least ten nanograms of marihuana per 3685
milliliter of the person's urine or has a concentration of 3686
marihuana in the person's whole blood or blood serum or plasma of 3687
at least two nanograms of marihuana per milliliter of the person's 3688
whole blood or blood serum or plasma.3689

       (viii) Either of the following applies:3690

        (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

       (II) As measured by gas chromatography mass spectrometry, the 3700
person has a concentration of marihuana metabolite in the person's 3701
urine of at least thirty-five nanograms of marihuana metabolite 3702
per milliliter of the person's urine or has a concentration of 3703
marihuana metabolite in the person's whole blood or blood serum or 3704
plasma of at least fifty nanograms of marihuana metabolite per 3705
milliliter of the person's whole blood or blood serum or plasma.3706

       (ix) The person has a concentration of methamphetamine in the 3707
person's urine of at least five hundred nanograms of 3708
methamphetamine per milliliter of the person's urine or has a 3709
concentration of methamphetamine in the person's whole blood or 3710
blood serum or plasma of at least one hundred nanograms of 3711
methamphetamine per milliliter of the person's whole blood or 3712
blood serum or plasma.3713

       (x) The person has a concentration of phencyclidine in the 3714
person's urine of at least twenty-five nanograms of phencyclidine 3715
per milliliter of the person's urine or has a concentration of 3716
phencyclidine in the person's whole blood or blood serum or plasma 3717
of at least ten nanograms of phencyclidine per milliliter of the 3718
person's whole blood or blood serum or plasma.3719

       (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

       (2) No person who, within twenty years of the conduct 3731
described in division (A)(2)(a) of this section, previously has 3732
been convicted of or pleaded guilty to a violation of this 3733
division, a violation of division (A)(1) or (B) of this section, 3734
or any other equivalent offense shall do both of the following:3735

       (a) Operate any vehicle, streetcar, or trackless trolley 3736
within this state while under the influence of alcohol, a drug of 3737
abuse, or a combination of them;3738

       (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

       (B) No person under twenty-one years of age shall operate any 3747
vehicle, streetcar, or trackless trolley within this state, if, at 3748
the time of the operation, any of the following apply:3749

       (1) The person has a concentration of at least two-hundredths 3750
of one per cent but less than eight-hundredths of one per cent by 3751
weight per unit volume of alcohol in the person's whole blood.3752

       (2) The person has a concentration of at least 3753
three-hundredths of one per cent but less than 3754
ninety-six-thousandths of one per cent by weight per unit volume 3755
of alcohol in the person's blood serum or plasma.3756

       (3) The person has a concentration of at least two-hundredths 3757
of one gram but less than eight-hundredths of one gram by weight 3758
of alcohol per two hundred ten liters of the person's breath.3759

       (4) The person has a concentration of at least twenty-eight 3760
one-thousandths of one gram but less than eleven-hundredths of one 3761
gram by weight of alcohol per one hundred milliliters of the 3762
person's urine.3763

       (C) In any proceeding arising out of one incident, a person 3764
may be charged with a violation of division (A)(1)(a) or (A)(2) 3765
and a violation of division (B)(1), (2), or (3) of this section, 3766
but the person may not be convicted of more than one violation of 3767
these divisions.3768

       (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

       The bodily substance withdrawn under division (D)(1)(b) of 3809
this section shall be analyzed in accordance with methods approved 3810
by the director of health by an individual possessing a valid 3811
permit issued by the director pursuant to section 3701.143 of the 3812
Revised Code.3813

       (c) As used in division (D)(1)(b) of this section, "emergency 3814
medical technician-intermediate" and "emergency medical 3815
technician-paramedic" have the same meanings as in section 4765.01 3816
of the Revised Code.3817

       (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

       (3) Upon the request of the person who was tested, the 3832
results of the chemical test shall be made available to the person 3833
or the person's attorney, immediately upon the completion of the 3834
chemical test analysis.3835

        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

       (4)(a) As used in divisions (D)(4)(b) and (c) of this 3855
section, "national highway traffic safety administration" means 3856
the national highway traffic safety administration established as 3857
an administration of the United States department of 3858
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.3859

       (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

       (i) The officer may testify concerning the results of the 3877
field sobriety test so administered.3878

       (ii) The prosecution may introduce the results of the field 3879
sobriety test so administered as evidence in any proceedings in 3880
the criminal prosecution or juvenile court proceeding.3881

       (iii) If testimony is presented or evidence is introduced 3882
under division (D)(4)(b)(i) or (ii) of this section and if the 3883
testimony or evidence is admissible under the Rules of Evidence, 3884
the court shall admit the testimony or evidence and the trier of 3885
fact shall give it whatever weight the trier of fact considers to 3886
be appropriate.3887

       (c) Division (D)(4)(b) of this section does not limit or 3888
preclude a court, in its determination of whether the arrest of a 3889
person was supported by probable cause or its determination of any 3890
other matter in a criminal prosecution or juvenile court 3891
proceeding of a type described in that division, from considering 3892
evidence or testimony that is not otherwise disallowed by division 3893
(D)(4)(b) of this section.3894

       (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

       (a) The signature, under oath, of any person who performed 3909
the analysis;3910

       (b) Any findings as to the identity and quantity of alcohol, 3911
a drug of abuse, a controlled substance, a metabolite of a 3912
controlled substance, or a combination of them that was found;3913

       (c) A copy of a notarized statement by the laboratory 3914
director or a designee of the director that contains the name of 3915
each certified analyst or test performer involved with the report, 3916
the analyst's or test performer's employment relationship with the 3917
laboratory that issued the report, and a notation that performing 3918
an analysis of the type involved is part of the analyst's or test 3919
performer's regular duties;3920

       (d) An outline of the analyst's or test performer's 3921
education, training, and experience in performing the type of 3922
analysis involved and a certification that the laboratory 3923
satisfies appropriate quality control standards in general and, in 3924
this particular analysis, under rules of the department of health.3925

       (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

       As used in this division, "emergency medical 3959
technician-intermediate" and "emergency medical 3960
technician-paramedic" have the same meanings as in section 4765.01 3961
of the Revised Code.3962

       (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

       (a) Except as otherwise provided in division (G)(1)(b), (c), 3973
(d), or (e) of this section, the offender is guilty of a 3974
misdemeanor of the first degree, and the court shall sentence the 3975
offender to all of the following:3976

       (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

       (iii) In all cases, a fine of not less than three hundred 4038
seventy-five and not more than one thousand seventy-five dollars;4039

       (iv) In all cases, a class five license suspension of the 4040
offender's driver's or commercial driver's license or permit or 4041
nonresident operating privilege from the range specified in 4042
division (A)(5) of section 4510.02 of the Revised Code. The court 4043
may grant limited driving privileges relative to the suspension 4044
under sections 4510.021 and 4510.13 of the Revised Code.4045

       (b) Except as otherwise provided in division (G)(1)(e) of 4046
this section, an offender who, within six years of the offense, 4047
previously has been convicted of or pleaded guilty to one 4048
violation of division (A) or (B) of this section or one other 4049
equivalent offense is guilty of a misdemeanor of the first degree. 4050
The court shall sentence the offender to all of the following:4051

       (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

       (iii) In all cases, notwithstanding the fines set forth in 4102
Chapter 2929. of the Revised Code, a fine of not less than five 4103
hundred twenty-five and not more than one thousand six hundred 4104
twenty-five dollars;4105

       (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

       (v) In all cases, if the vehicle is registered in the 4113
offender's name, immobilization of the vehicle involved in the 4114
offense for ninety days in accordance with section 4503.233 of the 4115
Revised Code and impoundment of the license plates of that vehicle 4116
for ninety days.4117

       (c) Except as otherwise provided in division (G)(1)(e) of 4118
this section, an offender who, within six years of the offense, 4119
previously has been convicted of or pleaded guilty to two 4120
violations of division (A) or (B) of this section or other 4121
equivalent offenses is guilty of a misdemeanor. The court shall 4122
sentence the offender to all of the following:4123

       (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

       (iii) In all cases, notwithstanding the fines set forth in 4152
Chapter 2929. of the Revised Code, a fine of not less than eight 4153
hundred fifty and not more than two thousand seven hundred fifty 4154
dollars;4155

       (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

       (v) In all cases, if the vehicle is registered in the 4163
offender's name, criminal forfeiture of the vehicle involved in 4164
the offense in accordance with section 4503.234 of the Revised 4165
Code. Division (G)(6) of this section applies regarding any 4166
vehicle that is subject to an order of criminal forfeiture under 4167
this division.4168

       (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

       (iii) In all cases, notwithstanding section 2929.18 of the 4249
Revised Code, a fine of not less than one thousand three hundred 4250
fifty nor more than ten thousand five hundred dollars;4251

       (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

       (v) In all cases, if the vehicle is registered in the 4259
offender's name, criminal forfeiture of the vehicle involved in 4260
the offense in accordance with section 4503.234 of the Revised 4261
Code. Division (G)(6) of this section applies regarding any 4262
vehicle that is subject to an order of criminal forfeiture under 4263
this division.4264

       (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

       (vii) In all cases, if the court sentences the offender to a 4275
mandatory term of local incarceration, in addition to the 4276
mandatory term, the court, pursuant to section 2929.17 of the 4277
Revised Code, may impose a term of house arrest with electronic 4278
monitoring. The term shall not commence until after the offender 4279
has served the mandatory term of local incarceration.4280

       (e) An offender who previously has been convicted of or 4281
pleaded guilty to a violation of division (A) of this section that 4282
was a felony, regardless of when the violation and the conviction 4283
or guilty plea occurred, is guilty of a felony of the third 4284
degree. The court shall sentence the offender to all of the 4285
following:4286

       (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

       (iii) In all cases, notwithstanding section 2929.18 of the 4325
Revised Code, a fine of not less than one thousand three hundred 4326
fifty nor more than ten thousand five hundred dollars;4327

       (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

       (v) In all cases, if the vehicle is registered in the 4335
offender's name, criminal forfeiture of the vehicle involved in 4336
the offense in accordance with section 4503.234 of the Revised 4337
Code. Division (G)(6) of this section applies regarding any 4338
vehicle that is subject to an order of criminal forfeiture under 4339
this division.4340

       (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

       (2) An offender who is convicted of or pleads guilty to a 4351
violation of division (A) of this section and who subsequently 4352
seeks reinstatement of the driver's or occupational driver's 4353
license or permit or nonresident operating privilege suspended 4354
under this section as a result of the conviction or guilty plea 4355
shall pay a reinstatement fee as provided in division (F)(2) of 4356
section 4511.191 of the Revised Code.4357

       (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

       (5) Fines imposed under this section for a violation of 4431
division (A) of this section shall be distributed as follows:4432

       (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

       (c) Twenty-five dollars of the fine imposed under division 4467
(G)(1)(a)(iii) and fifty dollars of the fine imposed under 4468
division (G)(1)(b)(iii) of this section shall be deposited into 4469
the county or municipal indigent drivers' alcohol treatment fund 4470
under the control of that court, as created by the county or 4471
municipal corporation under division (F) of section 4511.191 of 4472
the Revised Code.4473

       (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

       (g) The balance of the fine imposed under division 4512
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this 4513
section shall be disbursed as otherwise provided by law.4514

       (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

       (8) As used in division (G) of this section, "electronic 4536
monitoring," "mandatory prison term," and "mandatory term of local 4537
incarceration" have the same meanings as in section 2929.01 of the 4538
Revised Code.4539

       (H) Whoever violates division (B) of this section is guilty 4540
of operating a vehicle after underage alcohol consumption and 4541
shall be punished as follows:4542

       (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

       (3) If the offender also is convicted of or also pleads 4561
guilty to a specification of the type described in section 4562
2941.1416 of the Revised Code and if the court imposes a jail term 4563
for the violation of division (B) of this section, the court shall 4564
impose upon the offender an additional definite jail term pursuant 4565
to division (E) of section 2929.24 of the Revised Code.4566

       (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

       (I)(1) No court shall sentence an offender to an alcohol 4577
treatment program under this section unless the treatment program 4578
complies with the minimum standards for alcohol treatment programs 4579
adopted under Chapter 3793. of the Revised Code by the director of 4580
alcohol and drug addiction services.4581

       (2) An offender who stays in a drivers' intervention program 4582
or in an alcohol treatment program under an order issued under 4583
this section shall pay the cost of the stay in the program. 4584
However, if the court determines that an offender who stays in an 4585
alcohol treatment program under an order issued under this section 4586
is unable to pay the cost of the stay in the program, the court 4587
may order that the cost be paid from the court's indigent drivers' 4588
alcohol treatment fund.4589

       (J) If a person whose driver's or commercial driver's license 4590
or permit or nonresident operating privilege is suspended under 4591
this section files an appeal regarding any aspect of the person's 4592
trial or sentence, the appeal itself does not stay the operation 4593
of the suspension.4594

       (K) Division (A)(1)(j) of this section does not apply to a 4595
person who operates a vehicle, streetcar, or trackless trolley 4596
while the person has a concentration of a listed controlled 4597
substance or a listed metabolite of a controlled substance in the 4598
person's whole blood, blood serum or plasma, or urine that equals 4599
or exceeds the amount specified in that division, if both of the 4600
following apply:4601

       (1) The person obtained the controlled substance pursuant to 4602
a prescription issued by a licensed health professional authorized 4603
to prescribe drugs.4604

       (2) The person injected, ingested, or inhaled the controlled 4605
substance in accordance with the health professional's directions.4606

       (L) The prohibited concentrations of a controlled substance 4607
or a metabolite of a controlled substance listed in division 4608
(A)(1)(j) of this section also apply in a prosecution of a 4609
violation of division (D) of section 2923.16 of the Revised Code 4610
in the same manner as if the offender is being prosecuted for a 4611
prohibited concentration of alcohol.4612

       (M) All terms defined in section 4510.01 of the Revised Code 4613
apply to this section. If the meaning of a term defined in section 4614
4510.01 of the Revised Code conflicts with the meaning of the same 4615
term as defined in section 4501.01 or 4511.01 of the Revised Code, 4616
the term as defined in section 4510.01 of the Revised Code applies 4617
to this section.4618

       (N)(1) The Ohio Traffic Rules in effect on January 1, 2004, 4619
as adopted by the supreme court under authority of section 2937.46 4620
of the Revised Code, do not apply to felony violations of this 4621
section. Subject to division (N)(2) of this section, the Rules of 4622
Criminal Procedure apply to felony violations of this section.4623

       (2) If, on or after January 1, 2004, the supreme court 4624
modifies the Ohio Traffic Rules to provide procedures to govern 4625
felony violations of this section, the modified rules shall apply 4626
to felony violations of this section.4627

       Sec. 4511.203.  (A) No person shall permit a motor vehicle 4628
owned by the person or under the person's control to be driven by 4629
another if any of the following apply:4630

       (1) The offender knows or has reasonable cause to believe 4631
that the other person does not have a valid driver's or commercial 4632
driver's license or permit or valid nonresident driving 4633
privileges.4634

       (2) The offender knows or has reasonable cause to believe 4635
that the other person's driver's or commercial driver's license or 4636
permit or nonresident operating privileges have been suspended or 4637
canceled under Chapter 4510. or any other provision of the Revised 4638
Code.4639

       (3) The offender knows or has reasonable cause to believe 4640
that the other person's act of driving the motor vehicle would 4641
violate any prohibition contained in Chapter 4509. of the Revised 4642
Code.4643

       (4) The offender knows or has reasonable cause to believe 4644
that the other person's act of driving would violate section 4645
4511.19 of the Revised Code or any substantially equivalent 4646
municipal ordinance.4647

       (5) The offender knows or has reasonable cause to believe 4648
that the vehicle is the subject of an immobilization waiver order 4649
issued under section 4503.235 of the Revised Code and the other 4650
person is prohibited from operating the vehicle under that order.4651

       (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

       (1) Regarding an operator allegedly in the category described 4660
in division (A)(1), (3), or (5) of this section, the offender and 4661
the operator of the motor vehicle reside in the same household and 4662
are related by consanguinity or affinity.4663

       (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

       (3) Regarding an operator allegedly in the category described 4672
in division (A)(4) of this section, the offender and the operator 4673
of the motor vehicle occupied the motor vehicle together at the 4674
time of the offense.4675

       (C) Whoever violates this section is guilty of wrongful 4676
entrustment of a motor vehicle,and shall be punished as provided 4677
in divisions (C) to (H) of this section.4678

       (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

       (b) Whoever violates division (A)(4) or (5) of this section 4702
is guilty of a misdemeanor of the first degree. In4703

       (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 shall4711
may order one of the following:4712

       (1)(a) Except as otherwise provided in division (C)(2)(3)(b)4713
or (3)(c) of this section, the court shallmay order, for thirty 4714
days, the immobilization of the vehicle involved in the offense 4715
and the impoundment of that vehicle's license plates. TheIf 4716
issued, the order shall be issued and enforced under section 4717
4503.233 of the Revised Code.4718

       (2)(b) If the offender previously has been convicted of or 4719
pleaded guilty to one violation of this section or a substantially 4720
equivalent municipal ordinance, the court shallmay order, for 4721
sixty days, the immobilization of the vehicle involved in the 4722
offense and the impoundment of that vehicle's license plates. The4723
If issued, the order shall be issued and enforced under section 4724
4503.233 of the Revised Code.4725

       (3)(c) If the offender previously has been convicted of or 4726
pleaded guilty to two or more violations of this section or a 4727
substantially equivalent municipal ordinance, the court shallmay4728
order the criminal forfeiture to the state of the vehicle involved 4729
in the offense. TheIf issued, the order shall be issued and 4730
enforced under section 4503.234 of the Revised Code.4731

       If title to a motor vehicle that is subject to an order for 4732
criminal forfeiture under this division (C)(3)(c) of this section4733
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 dealers4738
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

       (D) If a court orders the immobilization of a vehicle under 4742
division (C)(3)(a) or (b) of this section, the court shall not 4743
release the vehicle from the immobilization before the termination 4744
of the period of immobilization ordered unless the court is 4745
presented with current proof of financial responsibility with 4746
respect to that vehicle.4747

       (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

       (F) This section does not apply to motor vehicle rental 4762
dealers or motor vehicle leasing dealers, as defined in section 4763
4549.65 of the Revised Code.4764

       (G) Evidence of a conviction of, plea of guilty to, or 4765
adjudication as a delinquent child for a violation of this section 4766
or a substantially similar municipal ordinance shall not be 4767
admissible as evidence in any civil action that involves the 4768
offender or delinquent child who is the subject of the conviction, 4769
plea, or adjudication and that arises from the wrongful 4770
entrustment of a motor vehicle.4771

       (H) For purposes of this section, a vehicle is owned by a 4772
person if, at the time of a violation of this section, the vehicle 4773
is registered in the person's name.4774

       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

       If the accident or collision is with an unoccupied or 4800
unattended motor vehicle, the operator who collides with the motor 4801
vehicle shall securely attach the information required to be given 4802
in this section, in writing, to a conspicuous place in or on the 4803
unoccupied or unattended motor vehicle.4804

       (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

       If the accident or collision is with an unoccupied or 4852
unattended motor vehicle, the operator who collides with the motor 4853
vehicle shall securely attach the information required to be given 4854
in this section, in writing, to a conspicuous place in or on the 4855
unoccupied or unattended motor vehicle.4856

       (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

       (B) Whoever violates division (A) of this section is guilty 4902
of failure to stop after an accident involving the property of 4903
others, a misdemeanor of the first degree.4904

       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 3. The Ohio judicial conference shall make and cause 4921
publication of the adjustment required by the amendment to section 4922
2329.66 of the Revised Code as soon as possible but not later than 4923
thirty days after the effective date of this section.4924

       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