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To amend sections 109.57, 109.572, 109.578, 307.932, | 1 |
2151.356, 2152.02, 2152.12, 2152.121, 2152.18, | 2 |
2152.26, 2152.52, 2152.56, 2152.59, 2301.27, | 3 |
2301.271, 2705.031, 2907.24, 2913.02, 2921.331, | 4 |
2923.122, 2925.03, 2925.04, 2925.14, 2925.38, | 5 |
2929.14, 2929.19, 2929.26, 2929.41, 2947.23, | 6 |
2949.08, 2951.022, 2953.08, 2953.31, 2953.32, | 7 |
2953.34, 2953.36, 2961.22, 2967.191, 2967.193, | 8 |
2967.26, 3119.01, 3119.05, 3123.58, 3772.10, | 9 |
4301.99, 4501.02, 4503.233, 4503.234, 4507.02, | 10 |
4507.164, 4509.06, 4509.101, 4510.10, 4510.11, | 11 |
4510.111, 4510.16, 4510.161, 4510.17, 4510.41, | 12 |
4510.54, 4513.02, 4513.021, 4513.99, 4713.07, | 13 |
4713.28, 4725.44, 4725.48, 4725.52, 4725.53, | 14 |
4738.04, 4738.07, 4740.05, 4740.06, 4740.10, | 15 |
4747.04, 4747.05, 4747.10, 4747.12, 4749.03, | 16 |
4749.04, 4749.06, 4776.04, 5111.032, 5111.033, | 17 |
5111.034, 5120.07, 5149.311, 5502.011, and | 18 |
5743.99, and to enact sections 2925.141, 2953.25, | 19 |
4776.021, and 4776.10 of the Revised Code and to | 20 |
amend Section 5 of Am. Sub. H.B. 86 of the 129th | 21 |
General Assembly to exclude most juvenile | 22 |
proceedings and adjudications from criminal | 23 |
records checks; to ensure that persons sentenced | 24 |
to confinement receive credit for time served in | 25 |
juvenile facilities; to expand eligibility for the | 26 |
sealing of criminal records and to eliminate the | 27 |
prohibition of the sealing of juvenile records in | 28 |
certain cases; to make the use or possession with | 29 |
purpose to use drug paraphernalia with marihuana a | 30 |
minor misdemeanor; to provide that a court's | 31 |
failure to warn an offender at sentencing about | 32 |
the possibility that the court may order community | 33 |
service if the offender fails to pay the costs of | 34 |
prosecution does not negate or limit the authority | 35 |
of the court to so order community service; to | 36 |
permit an individual subject to civil sanctions as | 37 |
a result of a conviction of or plea of guilty to a | 38 |
criminal offense to file a petition for relief | 39 |
from the sanctions and establish a procedure for | 40 |
the review of such petitions; to permit the court | 41 |
of common pleas of the individual's county of | 42 |
residence to issue a certificate of qualification | 43 |
for employment; to permit decision-makers to | 44 |
consider on a case-by-case basis whether to grant | 45 |
or deny the issuance or restoration of an | 46 |
occupational license or employment opportunity to | 47 |
an offender who has been issued such a certificate | 48 |
regardless of the offender's possession of the | 49 |
certificate and without reconsidering or rejecting | 50 |
any finding made by the issuing court; to provide | 51 |
for the revocation of a certificate of | 52 |
qualification for employment; to increase from | 53 |
eighteen to twenty-one the age at which certain | 54 |
offenders may be held in places not authorized for | 55 |
the confinement of children; to increase the | 56 |
juvenile court's jurisdiction over certain | 57 |
specified cases solely for the purpose of | 58 |
detaining a person while the person's case is | 59 |
heard in adult court; to create a process by which | 60 |
a prosecutor may file a motion in juvenile court | 61 |
to request that a person be held in a place other | 62 |
than those specified for the placement for | 63 |
children while the person's case is heard in adult | 64 |
court; to amend the law governing child support; | 65 |
to modify the penalty for driving under suspension | 66 |
if the suspension was imposed as part of the | 67 |
penalty for certain violations that do not | 68 |
directly involve the operation of a motor vehicle; | 69 |
to make changes in certain other driver's license | 70 |
suspension provisions; to require the Department | 71 |
of Public Safety to study the advisability and | 72 |
feasibility of a one-time amnesty program for | 73 |
drivers who have not paid fees or fines owed by | 74 |
them for motor vehicle offenses and driver's | 75 |
license suspensions; to define the terms moral | 76 |
turpitude and disqualifying offense as applied to | 77 |
certain employment; to provide for criminal | 78 |
records checks and a license issuance restriction | 79 |
regarding applicants for a trainee license for a | 80 |
profession or occupation; to require the Casino | 81 |
Control Commission to notify each applicant for a | 82 |
license from the Commission who is denied the | 83 |
license of the reasons for the denial and to | 84 |
provide an annual report to the General Assembly | 85 |
and Governor that specifies the number of license | 86 |
applications denied in the year and the reasons | 87 |
for the denial; to add an ex-offender appointed by | 88 |
the Director of Rehabilitation and Correction to | 89 |
the Ex-offender Reentry Coalition; to increase the | 90 |
time limit for a prosecutor to file a motion in | 91 |
juvenile court that objects to the imposition of a | 92 |
serious youthful offender dispositional sentence; | 93 |
to prohibit competency attainment reports and | 94 |
juvenile bindover evaluation reports from | 95 |
including details of the alleged offense as | 96 |
reported by the child; to require juvenile | 97 |
bindover evaluation reports to be completed within | 98 |
forty-five days unless an extension is granted; to | 99 |
require the Department of Youth Services to | 100 |
develop minimum standards for training of juvenile | 101 |
offender probation officers; to extend the | 102 |
deadline for the Ohio Interagency Task Force on | 103 |
Mental Health and Juvenile Justice to issue a | 104 |
report of its findings and recommendations; to | 105 |
revise the penalties for certain fifth degree | 106 |
felony drug offenses to generally favor not | 107 |
imposing a prison term; to permit the judges of | 108 |
the various courts of the state that supervise a | 109 |
concurrent supervision offender to authorize the | 110 |
chief probation officer to manage concurrent | 111 |
supervision offenders; to expand the availability | 112 |
of the probation improvement and incentive grants | 113 |
to municipal and county courts; to transfer | 114 |
control of the transitional control program from | 115 |
the Adult Parole Authority to the Division of | 116 |
Parole and Community Services; to amend the | 117 |
penalty for failure to comply with an order or | 118 |
signal of a police officer; to eliminate the | 119 |
requirement that a court sentencing a felony | 120 |
offender provide notice of possible eligibility | 121 |
for earning days of credit; and to prohibit the | 122 |
preclusion of individuals from obtaining or | 123 |
renewing certain licenses, certifications, or | 124 |
permits due to any past criminal history unless | 125 |
the individual had committed a crime of moral | 126 |
turpitude or a disqualifying offense. | 127 |
Section 1. That sections 109.57, 109.572, 109.578, 307.932, | 128 |
2151.356, 2152.02, 2152.12, 2152.121, 2152.18, 2152.26, 2152.52, | 129 |
2152.56, 2152.59, 2301.27, 2301.271, 2705.031, 2907.24, 2913.02, | 130 |
2921.331, 2923.122, 2925.03, 2925.04, 2925.14, 2925.38, 2929.14, | 131 |
2929.19, 2929.26, 2929.41, 2947.23, 2949.08, 2951.022, 2953.08, | 132 |
2953.31, 2953.32, 2953.34, 2953.36, 2961.22, 2967.191, 2967.193, | 133 |
2967.26, 3119.01, 3119.05, 3123.58, 3772.10, 4301.99, 4501.02, | 134 |
4503.233, 4503.234, 4507.02, 4507.164, 4509.06, 4509.101, 4510.10, | 135 |
4510.11, 4510.111, 4510.16, 4510.161, 4510.17, 4510.41, 4510.54, | 136 |
4513.02, 4513.021, 4513.99, 4713.07, 4713.28, 4725.44, 4725.48, | 137 |
4725.52, 4725.53, 4738.04, 4738.07, 4740.05, 4740.06, 4740.10, | 138 |
4747.04, 4747.05, 4747.10, 4747.12, 4749.03, 4749.04, 4749.06, | 139 |
4776.04, 5111.032, 5111.033, 5111.034, 5120.07, 5149.311, | 140 |
5502.011, and 5743.99 be amended, and sections 2925.141, 2953.25, | 141 |
4776.021, and 4776.10 of the Revised Code be enacted to read as | 142 |
follows: | 143 |
Sec. 109.57. (A)(1) The superintendent of the bureau of | 144 |
criminal identification and investigation shall procure from | 145 |
wherever procurable and file for record photographs, pictures, | 146 |
descriptions, fingerprints, measurements, and other information | 147 |
that may be pertinent of all persons who have been convicted of | 148 |
committing within this state a felony, any crime constituting a | 149 |
misdemeanor on the first offense and a felony on subsequent | 150 |
offenses, or any misdemeanor described in division (A)(1)(a), | 151 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, | 152 |
of all children under eighteen years of age who have been | 153 |
adjudicated delinquent children for committing within this state | 154 |
an act that would be a felony or an offense of violence if | 155 |
committed by an adult or who have been convicted of or pleaded | 156 |
guilty to committing within this state a felony or an offense of | 157 |
violence, and of all well-known and habitual criminals. The person | 158 |
in charge of any county, multicounty, municipal, municipal-county, | 159 |
or multicounty-municipal jail or workhouse, community-based | 160 |
correctional facility, halfway house, alternative residential | 161 |
facility, or state correctional institution and the person in | 162 |
charge of any state institution having custody of a person | 163 |
suspected of having committed a felony, any crime constituting a | 164 |
misdemeanor on the first offense and a felony on subsequent | 165 |
offenses, or any misdemeanor described in division (A)(1)(a), | 166 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or | 167 |
having custody of a child under eighteen years of age with respect | 168 |
to whom there is probable cause to believe that the child may have | 169 |
committed an act that would be a felony or an offense of violence | 170 |
if committed by an adult shall furnish such material to the | 171 |
superintendent of the bureau. Fingerprints, photographs, or other | 172 |
descriptive information of a child who is under eighteen years of | 173 |
age, has not been arrested or otherwise taken into custody for | 174 |
committing an act that would be a felony or an offense of violence | 175 |
who is not in any other category of child specified in this | 176 |
division, if committed by an adult, has not been adjudicated a | 177 |
delinquent child for committing an act that would be a felony or | 178 |
an offense of violence if committed by an adult, has not been | 179 |
convicted of or pleaded guilty to committing a felony or an | 180 |
offense of violence, and is not a child with respect to whom there | 181 |
is probable cause to believe that the child may have committed an | 182 |
act that would be a felony or an offense of violence if committed | 183 |
by an adult shall not be procured by the superintendent or | 184 |
furnished by any person in charge of any county, multicounty, | 185 |
municipal, municipal-county, or multicounty-municipal jail or | 186 |
workhouse, community-based correctional facility, halfway house, | 187 |
alternative residential facility, or state correctional | 188 |
institution, except as authorized in section 2151.313 of the | 189 |
Revised Code. | 190 |
(2) Every clerk of a court of record in this state, other | 191 |
than the supreme court or a court of appeals, shall send to the | 192 |
superintendent of the bureau a weekly report containing a summary | 193 |
of each case involving a felony, involving any crime constituting | 194 |
a misdemeanor on the first offense and a felony on subsequent | 195 |
offenses, involving a misdemeanor described in division (A)(1)(a), | 196 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, | 197 |
or involving an adjudication in a case in which a child under | 198 |
eighteen years of age was alleged to be a delinquent child for | 199 |
committing an act that would be a felony or an offense of violence | 200 |
if committed by an adult. The clerk of the court of common pleas | 201 |
shall include in the report and summary the clerk sends under this | 202 |
division all information described in divisions (A)(2)(a) to (f) | 203 |
of this section regarding a case before the court of appeals that | 204 |
is served by that clerk. The summary shall be written on the | 205 |
standard forms furnished by the superintendent pursuant to | 206 |
division (B) of this section and shall include the following | 207 |
information: | 208 |
(a) The incident tracking number contained on the standard | 209 |
forms furnished by the superintendent pursuant to division (B) of | 210 |
this section; | 211 |
(b) The style and number of the case; | 212 |
(c) The date of arrest, offense, summons, or arraignment; | 213 |
(d) The date that the person was convicted of or pleaded | 214 |
guilty to the offense, adjudicated a delinquent child for | 215 |
committing the act that would be a felony or an offense of | 216 |
violence if committed by an adult, found not guilty of the | 217 |
offense, or found not to be a delinquent child for committing an | 218 |
act that would be a felony or an offense of violence if committed | 219 |
by an adult, the date of an entry dismissing the charge, an entry | 220 |
declaring a mistrial of the offense in which the person is | 221 |
discharged, an entry finding that the person or child is not | 222 |
competent to stand trial, or an entry of a nolle prosequi, or the | 223 |
date of any other determination that constitutes final resolution | 224 |
of the case; | 225 |
(e) A statement of the original charge with the section of | 226 |
the Revised Code that was alleged to be violated; | 227 |
(f) If the person or child was convicted, pleaded guilty, or | 228 |
was adjudicated a delinquent child, the sentence or terms of | 229 |
probation imposed or any other disposition of the offender or the | 230 |
delinquent child. | 231 |
If the offense involved the disarming of a law enforcement | 232 |
officer or an attempt to disarm a law enforcement officer, the | 233 |
clerk shall clearly state that fact in the summary, and the | 234 |
superintendent shall ensure that a clear statement of that fact is | 235 |
placed in the bureau's records. | 236 |
(3) The superintendent shall cooperate with and assist | 237 |
sheriffs, chiefs of police, and other law enforcement officers in | 238 |
the establishment of a complete system of criminal identification | 239 |
and in obtaining fingerprints and other means of identification of | 240 |
all persons arrested on a charge of a felony, any crime | 241 |
constituting a misdemeanor on the first offense and a felony on | 242 |
subsequent offenses, or a misdemeanor described in division | 243 |
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the | 244 |
Revised Code and of all children under eighteen years of age | 245 |
arrested or otherwise taken into custody for committing an act | 246 |
that would be a felony or an offense of violence if committed by | 247 |
an adult. The superintendent also shall file for record the | 248 |
fingerprint impressions of all persons confined in a county, | 249 |
multicounty, municipal, municipal-county, or multicounty-municipal | 250 |
jail or workhouse, community-based correctional facility, halfway | 251 |
house, alternative residential facility, or state correctional | 252 |
institution for the violation of state laws and of all children | 253 |
under eighteen years of age who are confined in a county, | 254 |
multicounty, municipal, municipal-county, or multicounty-municipal | 255 |
jail or workhouse, community-based correctional facility, halfway | 256 |
house, alternative residential facility, or state correctional | 257 |
institution or in any facility for delinquent children for | 258 |
committing an act that would be a felony or an offense of violence | 259 |
if committed by an adult, and any other information that the | 260 |
superintendent may receive from law enforcement officials of the | 261 |
state and its political subdivisions. | 262 |
(4) The superintendent shall carry out Chapter 2950. of the | 263 |
Revised Code with respect to the registration of persons who are | 264 |
convicted of or plead guilty to a sexually oriented offense or a | 265 |
child-victim oriented offense and with respect to all other duties | 266 |
imposed on the bureau under that chapter. | 267 |
(5) The bureau shall perform centralized recordkeeping | 268 |
functions for criminal history records and services in this state | 269 |
for purposes of the national crime prevention and privacy compact | 270 |
set forth in section 109.571 of the Revised Code and is the | 271 |
criminal history record repository as defined in that section for | 272 |
purposes of that compact. The superintendent or the | 273 |
superintendent's designee is the compact officer for purposes of | 274 |
that compact and shall carry out the responsibilities of the | 275 |
compact officer specified in that compact. | 276 |
(B) The superintendent shall prepare and furnish to every | 277 |
county, multicounty, municipal, municipal-county, or | 278 |
multicounty-municipal jail or workhouse, community-based | 279 |
correctional facility, halfway house, alternative residential | 280 |
facility, or state correctional institution and to every clerk of | 281 |
a court in this state specified in division (A)(2) of this section | 282 |
standard forms for reporting the information required under | 283 |
division (A) of this section. The standard forms that the | 284 |
superintendent prepares pursuant to this division may be in a | 285 |
tangible format, in an electronic format, or in both tangible | 286 |
formats and electronic formats. | 287 |
(C)(1) The superintendent may operate a center for | 288 |
electronic, automated, or other data processing for the storage | 289 |
and retrieval of information, data, and statistics pertaining to | 290 |
criminals and to children under eighteen years of age who are | 291 |
adjudicated delinquent children for committing an act that would | 292 |
be a felony or an offense of violence if committed by an adult, | 293 |
criminal activity, crime prevention, law enforcement, and criminal | 294 |
justice, and may establish and operate a statewide communications | 295 |
network to be known as the Ohio law enforcement gateway to gather | 296 |
and disseminate information, data, and statistics for the use of | 297 |
law enforcement agencies and for other uses specified in this | 298 |
division. The superintendent may gather, store, retrieve, and | 299 |
disseminate information, data, and statistics that pertain to | 300 |
children who are under eighteen years of age and that are gathered | 301 |
pursuant to sections 109.57 to 109.61 of the Revised Code together | 302 |
with information, data, and statistics that pertain to adults and | 303 |
that are gathered pursuant to those sections. | 304 |
(2) The superintendent or the superintendent's designee shall | 305 |
gather information of the nature described in division (C)(1) of | 306 |
this section that pertains to the offense and delinquency history | 307 |
of a person who has been convicted of, pleaded guilty to, or been | 308 |
adjudicated a delinquent child for committing a sexually oriented | 309 |
offense or a child-victim oriented offense for inclusion in the | 310 |
state registry of sex offenders and child-victim offenders | 311 |
maintained pursuant to division (A)(1) of section 2950.13 of the | 312 |
Revised Code and in the internet database operated pursuant to | 313 |
division (A)(13) of that section and for possible inclusion in the | 314 |
internet database operated pursuant to division (A)(11) of that | 315 |
section. | 316 |
(3) In addition to any other authorized use of information, | 317 |
data, and statistics of the nature described in division (C)(1) of | 318 |
this section, the superintendent or the superintendent's designee | 319 |
may provide and exchange the information, data, and statistics | 320 |
pursuant to the national crime prevention and privacy compact as | 321 |
described in division (A)(5) of this section. | 322 |
(4) The attorney general may adopt rules under Chapter 119. | 323 |
of the Revised Code establishing guidelines for the operation of | 324 |
and participation in the Ohio law enforcement gateway. The rules | 325 |
may include criteria for granting and restricting access to | 326 |
information gathered and disseminated through the Ohio law | 327 |
enforcement gateway. The attorney general shall permit the state | 328 |
medical board and board of nursing to access and view, but not | 329 |
alter, information gathered and disseminated through the Ohio law | 330 |
enforcement gateway. | 331 |
The attorney general may appoint a steering committee to | 332 |
advise the attorney general in the operation of the Ohio law | 333 |
enforcement gateway that is comprised of persons who are | 334 |
representatives of the criminal justice agencies in this state | 335 |
that use the Ohio law enforcement gateway and is chaired by the | 336 |
superintendent or the superintendent's designee. | 337 |
(D)(1) The following are not public records under section | 338 |
149.43 of the Revised Code: | 339 |
(a) Information and materials furnished to the superintendent | 340 |
pursuant to division (A) of this section; | 341 |
(b) Information, data, and statistics gathered or | 342 |
disseminated through the Ohio law enforcement gateway pursuant to | 343 |
division (C)(1) of this section; | 344 |
(c) Information and materials furnished to any board or | 345 |
person under division (F) or (G) of this section. | 346 |
(2) The superintendent or the superintendent's designee shall | 347 |
gather and retain information so furnished under division (A) of | 348 |
this section that pertains to the offense and delinquency history | 349 |
of a person who has been convicted of, pleaded guilty to, or been | 350 |
adjudicated a delinquent child for committing a sexually oriented | 351 |
offense or a child-victim oriented offense for the purposes | 352 |
described in division (C)(2) of this section. | 353 |
(E)(1) The attorney general shall adopt rules, in accordance | 354 |
with Chapter 119. of the Revised Code and subject to division | 355 |
(E)(2) of this section, setting forth the procedure by which a | 356 |
person may receive or release information gathered by the | 357 |
superintendent pursuant to division (A) of this section. A | 358 |
reasonable fee may be charged for this service. If a temporary | 359 |
employment service submits a request for a determination of | 360 |
whether a person the service plans to refer to an employment | 361 |
position has been convicted of or pleaded guilty to an offense | 362 |
listed in division (A)(1), (3), (4), (5), or (6) of section | 363 |
109.572 of the Revised Code, the request shall be treated as a | 364 |
single request and only one fee shall be charged. | 365 |
(2) Except as otherwise provided in this division, a rule | 366 |
adopted under division (E)(1) of this section may provide only for | 367 |
the release of information gathered pursuant to division (A) of | 368 |
this section that relates to the conviction of a person, or a | 369 |
person's plea of guilty to, a criminal offense. The superintendent | 370 |
shall not release, and the attorney general shall not adopt any | 371 |
rule under division (E)(1) of this section that permits the | 372 |
release of, any information gathered pursuant to division (A) of | 373 |
this section that relates to an adjudication of a child as a | 374 |
delinquent child, or that relates to a criminal conviction of a | 375 |
person under eighteen years of age if the person's case was | 376 |
transferred back to a juvenile court under division (B)(2) or (3) | 377 |
of section 2152.121 of the Revised Code and the juvenile court | 378 |
imposed a disposition or serious youthful offender disposition | 379 |
upon the person under either division, unless either of the | 380 |
following applies with respect to the adjudication or conviction: | 381 |
(a) The adjudication or conviction was for a violation of | 382 |
section 2903.01 or 2903.02 of the Revised Code. | 383 |
(b) The adjudication or conviction was for a sexually | 384 |
oriented offense, the juvenile court was required to classify the | 385 |
child a juvenile offender registrant for that offense under | 386 |
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that | 387 |
classification has not been removed. | 388 |
(F)(1) As used in division (F)(2) of this section, "head | 389 |
start agency" means an entity in this state that has been approved | 390 |
to be an agency for purposes of subchapter II of the "Community | 391 |
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 392 |
as amended. | 393 |
(2)(a) In addition to or in conjunction with any request | 394 |
that is required to be made under section 109.572, 2151.86, | 395 |
3301.32, 3301.541, division (C) of section 3310.58, or section | 396 |
3319.39, 3319.391, 3327.10, 3701.881, 5104.012, 5104.013, | 397 |
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code or | 398 |
that is made under section 3314.41, 3319.392, 3326.25, or 3328.20 | 399 |
of the Revised Code, the board of education of any school | 400 |
district; the director of developmental disabilities; any county | 401 |
board of developmental disabilities; any entity under contract | 402 |
with a county board of developmental disabilities; the chief | 403 |
administrator of any chartered nonpublic school; the chief | 404 |
administrator of a registered private provider that is not also a | 405 |
chartered nonpublic school; the chief administrator of any home | 406 |
health agency; the chief administrator of or person operating any | 407 |
child day-care center, type A family day-care home, or type B | 408 |
family day-care home licensed or certified under Chapter 5104. of | 409 |
the Revised Code; the administrator of any type C family day-care | 410 |
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st | 411 |
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st | 412 |
general assembly; the chief administrator of any head start | 413 |
agency; the executive director of a public children services | 414 |
agency; a private company described in section 3314.41, 3319.392, | 415 |
3326.25, or 3328.20 of the Revised Code; or an employer described | 416 |
in division (J)(2) of section 3327.10 of the Revised Code may | 417 |
request that the superintendent of the bureau investigate and | 418 |
determine, with respect to any individual who has applied for | 419 |
employment in any position after October 2, 1989, or any | 420 |
individual wishing to apply for employment with a board of | 421 |
education may request, with regard to the individual, whether the | 422 |
bureau has any information gathered under division (A) of this | 423 |
section that pertains to that individual. On receipt of the | 424 |
request, subject to division (E)(2) of this section, the | 425 |
superintendent shall determine whether that information exists | 426 |
and, upon request of the person, board, or entity requesting | 427 |
information, also shall request from the federal bureau of | 428 |
investigation any criminal records it has pertaining to that | 429 |
individual. The superintendent or the superintendent's designee | 430 |
also may request criminal history records from other states or the | 431 |
federal government pursuant to the national crime prevention and | 432 |
privacy compact set forth in section 109.571 of the Revised Code. | 433 |
Within thirty days of the date that the superintendent receives a | 434 |
request, subject to division (E)(2) of this section, the | 435 |
superintendent shall send to the board, entity, or person a report | 436 |
of any information that the superintendent determines exists, | 437 |
including information contained in records that have been sealed | 438 |
under section 2953.32 of the Revised Code, and, within thirty days | 439 |
of its receipt, subject to division (E)(2) of this section, shall | 440 |
send the board, entity, or person a report of any information | 441 |
received from the federal bureau of investigation, other than | 442 |
information the dissemination of which is prohibited by federal | 443 |
law. | 444 |
(b) When a board of education or a registered private | 445 |
provider is required to receive information under this section as | 446 |
a prerequisite to employment of an individual pursuant to division | 447 |
(C) of section 3310.58 or section 3319.39 of the Revised Code, it | 448 |
may accept a certified copy of records that were issued by the | 449 |
bureau of criminal identification and investigation and that are | 450 |
presented by an individual applying for employment with the | 451 |
district in lieu of requesting that information itself. In such a | 452 |
case, the board shall accept the certified copy issued by the | 453 |
bureau in order to make a photocopy of it for that individual's | 454 |
employment application documents and shall return the certified | 455 |
copy to the individual. In a case of that nature, a district or | 456 |
provider only shall accept a certified copy of records of that | 457 |
nature within one year after the date of their issuance by the | 458 |
bureau. | 459 |
(c) Notwithstanding division (F)(2)(a) of this section, in | 460 |
the case of a request under section 3319.39, 3319.391, or 3327.10 | 461 |
of the Revised Code only for criminal records maintained by the | 462 |
federal bureau of investigation, the superintendent shall not | 463 |
determine whether any information gathered under division (A) of | 464 |
this section exists on the person for whom the request is made. | 465 |
(3) The state board of education may request, with respect to | 466 |
any individual who has applied for employment after October 2, | 467 |
1989, in any position with the state board or the department of | 468 |
education, any information that a school district board of | 469 |
education is authorized to request under division (F)(2) of this | 470 |
section, and the superintendent of the bureau shall proceed as if | 471 |
the request has been received from a school district board of | 472 |
education under division (F)(2) of this section. | 473 |
(4) When the superintendent of the bureau receives a request | 474 |
for information under section 3319.291 of the Revised Code, the | 475 |
superintendent shall proceed as if the request has been received | 476 |
from a school district board of education and shall comply with | 477 |
divisions (F)(2)(a) and (c) of this section. | 478 |
(5) When a recipient of a classroom reading improvement grant | 479 |
paid under section 3301.86 of the Revised Code requests, with | 480 |
respect to any individual who applies to participate in providing | 481 |
any program or service funded in whole or in part by the grant, | 482 |
the information that a school district board of education is | 483 |
authorized to request under division (F)(2)(a) of this section, | 484 |
the superintendent of the bureau shall proceed as if the request | 485 |
has been received from a school district board of education under | 486 |
division (F)(2)(a) of this section. | 487 |
(G) In addition to or in conjunction with any request that is | 488 |
required to be made under section 3701.881, 3712.09, 3721.121, | 489 |
5119.693, or 5119.85 of the Revised Code with respect to an | 490 |
individual who has applied for employment in a position that | 491 |
involves providing direct care to an older adult or adult | 492 |
resident, the chief administrator of a home health agency, hospice | 493 |
care program, home licensed under Chapter 3721. of the Revised | 494 |
Code, adult day-care program operated pursuant to rules adopted | 495 |
under section 3721.04 of the Revised Code, adult foster home, or | 496 |
adult care facility may request that the superintendent of the | 497 |
bureau investigate and determine, with respect to any individual | 498 |
who has applied after January 27, 1997, for employment in a | 499 |
position that does not involve providing direct care to an older | 500 |
adult or adult resident, whether the bureau has any information | 501 |
gathered under division (A) of this section that pertains to that | 502 |
individual. | 503 |
In addition to or in conjunction with any request that is | 504 |
required to be made under section 173.27 of the Revised Code with | 505 |
respect to an individual who has applied for employment in a | 506 |
position that involves providing ombudsperson services to | 507 |
residents of long-term care facilities or recipients of | 508 |
community-based long-term care services, the state long-term care | 509 |
ombudsperson, ombudsperson's designee, or director of health may | 510 |
request that the superintendent investigate and determine, with | 511 |
respect to any individual who has applied for employment in a | 512 |
position that does not involve providing such ombudsperson | 513 |
services, whether the bureau has any information gathered under | 514 |
division (A) of this section that pertains to that applicant. | 515 |
In addition to or in conjunction with any request that is | 516 |
required to be made under section 173.394 of the Revised Code with | 517 |
respect to an individual who has applied for employment in a | 518 |
position that involves providing direct care to an individual, the | 519 |
chief administrator of a community-based long-term care agency may | 520 |
request that the superintendent investigate and determine, with | 521 |
respect to any individual who has applied for employment in a | 522 |
position that does not involve providing direct care, whether the | 523 |
bureau has any information gathered under division (A) of this | 524 |
section that pertains to that applicant. | 525 |
On receipt of a request under this division, the | 526 |
superintendent shall determine whether that information exists | 527 |
and, on request of the individual requesting information, shall | 528 |
also request from the federal bureau of investigation any criminal | 529 |
records it has pertaining to the applicant. The superintendent or | 530 |
the superintendent's designee also may request criminal history | 531 |
records from other states or the federal government pursuant to | 532 |
the national crime prevention and privacy compact set forth in | 533 |
section 109.571 of the Revised Code. Within thirty days of the | 534 |
date a request is received, subject to division (E)(2) of this | 535 |
section, the superintendent shall send to the requester a report | 536 |
of any information determined to exist, including information | 537 |
contained in records that have been sealed under section 2953.32 | 538 |
of the Revised Code, and, within thirty days of its receipt, shall | 539 |
send the requester a report of any information received from the | 540 |
federal bureau of investigation, other than information the | 541 |
dissemination of which is prohibited by federal law. | 542 |
(H) Information obtained by a government entity or person | 543 |
under this section is confidential and shall not be released or | 544 |
disseminated. | 545 |
(I) The superintendent may charge a reasonable fee for | 546 |
providing information or criminal records under division (F)(2) or | 547 |
(G) of this section. | 548 |
(J) As used in this section: | 549 |
(1) "Sexually oriented offense" and "child-victim oriented | 550 |
offense" have the same meanings as in section 2950.01 of the | 551 |
Revised Code. | 552 |
(2) "Registered private provider" means a nonpublic school or | 553 |
entity registered with the superintendent of public instruction | 554 |
under section 3310.41 of the Revised Code to participate in the | 555 |
autism scholarship program or section 3310.58 of the Revised Code | 556 |
to participate in the Jon Peterson special needs scholarship | 557 |
program. | 558 |
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 559 |
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, | 560 |
a completed form prescribed pursuant to division (C)(1) of this | 561 |
section, and a set of fingerprint impressions obtained in the | 562 |
manner described in division (C)(2) of this section, the | 563 |
superintendent of the bureau of criminal identification and | 564 |
investigation shall conduct a criminal records check in the manner | 565 |
described in division (B) of this section to determine whether any | 566 |
information exists that indicates that the person who is the | 567 |
subject of the request previously has been convicted of or pleaded | 568 |
guilty to any of the following: | 569 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 570 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 571 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 572 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 573 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 574 |
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 575 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 576 |
2925.06, or 3716.11 of the Revised Code, felonious sexual | 577 |
penetration in violation of former section 2907.12 of the Revised | 578 |
Code, a violation of section 2905.04 of the Revised Code as it | 579 |
existed prior to July 1, 1996, a violation of section 2919.23 of | 580 |
the Revised Code that would have been a violation of section | 581 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, | 582 |
had the violation been committed prior to that date, or a | 583 |
violation of section 2925.11 of the Revised Code that is not a | 584 |
minor drug possession offense; | 585 |
(b) A violation of an existing or former law of this state, | 586 |
any other state, or the United States that is substantially | 587 |
equivalent to any of the offenses listed in division (A)(1)(a) of | 588 |
this section. | 589 |
(2) On receipt of a request pursuant to section 5123.081 of | 590 |
the Revised Code with respect to an applicant for employment in | 591 |
any position with the department of developmental disabilities, | 592 |
pursuant to section 5126.28 of the Revised Code with respect to an | 593 |
applicant for employment in any position with a county board of | 594 |
developmental disabilities, or pursuant to section 5126.281 of the | 595 |
Revised Code with respect to an applicant for employment in a | 596 |
direct services position with an entity contracting with a county | 597 |
board for employment, a completed form prescribed pursuant to | 598 |
division (C)(1) of this section, and a set of fingerprint | 599 |
impressions obtained in the manner described in division (C)(2) of | 600 |
this section, the superintendent of the bureau of criminal | 601 |
identification and investigation shall conduct a criminal records | 602 |
check. The superintendent shall conduct the criminal records check | 603 |
in the manner described in division (B) of this section to | 604 |
determine whether any information exists that indicates that the | 605 |
person who is the subject of the request has been convicted of or | 606 |
pleaded guilty to any of the following: | 607 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 608 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 609 |
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, | 610 |
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, | 611 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 612 |
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, | 613 |
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, | 614 |
2925.03, or 3716.11 of the Revised Code; | 615 |
(b) An existing or former municipal ordinance or law of this | 616 |
state, any other state, or the United States that is substantially | 617 |
equivalent to any of the offenses listed in division (A)(2)(a) of | 618 |
this section. | 619 |
(3) On receipt of a request pursuant to section 173.27, | 620 |
173.394, 3712.09, 3721.121, 5119.693, or 5119.85 of the Revised | 621 |
Code, a completed form prescribed pursuant to division (C)(1) of | 622 |
this section, and a set of fingerprint impressions obtained in the | 623 |
manner described in division (C)(2) of this section, the | 624 |
superintendent of the bureau of criminal identification and | 625 |
investigation shall conduct a criminal records check with respect | 626 |
to any person who has applied for employment in a position for | 627 |
which a criminal records check is required by those sections. The | 628 |
superintendent shall conduct the criminal records check in the | 629 |
manner described in division (B) of this section to determine | 630 |
whether any information exists that indicates that the person who | 631 |
is the subject of the request previously has been convicted of or | 632 |
pleaded guilty to any of the following: | 633 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 634 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 635 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 636 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 637 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 638 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 639 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 640 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 641 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 642 |
(b) An existing or former law of this state, any other state, | 643 |
or the United States that is substantially equivalent to any of | 644 |
the offenses listed in division (A)(3)(a) of this section. | 645 |
(4) On receipt of a request pursuant to section 3701.881 of | 646 |
the Revised Code with respect to an applicant for employment with | 647 |
a home health agency as a person responsible for the care, | 648 |
custody, or control of a child, a completed form prescribed | 649 |
pursuant to division (C)(1) of this section, and a set of | 650 |
fingerprint impressions obtained in the manner described in | 651 |
division (C)(2) of this section, the superintendent of the bureau | 652 |
of criminal identification and investigation shall conduct a | 653 |
criminal records check. The superintendent shall conduct the | 654 |
criminal records check in the manner described in division (B) of | 655 |
this section to determine whether any information exists that | 656 |
indicates that the person who is the subject of the request | 657 |
previously has been convicted of or pleaded guilty to any of the | 658 |
following: | 659 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 660 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 661 |
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, | 662 |
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 663 |
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 664 |
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 665 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 666 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a | 667 |
violation of section 2925.11 of the Revised Code that is not a | 668 |
minor drug possession offense; | 669 |
(b) An existing or former law of this state, any other state, | 670 |
or the United States that is substantially equivalent to any of | 671 |
the offenses listed in division (A)(4)(a) of this section. | 672 |
(5) On receipt of a request pursuant to section 5111.032, | 673 |
5111.033, or 5111.034 of the Revised Code, a completed form | 674 |
prescribed pursuant to division (C)(1) of this section, and a set | 675 |
of fingerprint impressions obtained in the manner described in | 676 |
division (C)(2) of this section, the superintendent of the bureau | 677 |
of criminal identification and investigation shall conduct a | 678 |
criminal records check. The superintendent shall conduct the | 679 |
criminal records check in the manner described in division (B) of | 680 |
this section to determine whether any information exists that | 681 |
indicates that the person who is the subject of the request | 682 |
previously has been convicted of, has pleaded guilty to, or has | 683 |
been found eligible for intervention in lieu of conviction for any | 684 |
of the following, regardless of the date of the conviction, the | 685 |
date of entry of the guilty plea, or the date the person was found | 686 |
eligible for intervention in lieu of conviction: | 687 |
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 688 |
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 689 |
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 690 |
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 691 |
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 692 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 693 |
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 694 |
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 695 |
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 696 |
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 697 |
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 698 |
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 699 |
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 700 |
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 701 |
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141, | 702 |
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code, | 703 |
felonious sexual penetration in violation of former section | 704 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 705 |
Revised Code as it existed prior to July 1, 1996, a violation of | 706 |
section 2919.23 of the Revised Code that would have been a | 707 |
violation of section 2905.04 of the Revised Code as it existed | 708 |
prior to July 1, 1996, had the violation been committed prior to | 709 |
that date; | 710 |
(b) A violation of an existing or former municipal ordinance | 711 |
or law of this state, any other state, or the United States that | 712 |
is substantially equivalent to any of the offenses listed in | 713 |
division (A)(5)(a) of this section. | 714 |
(6) On receipt of a request pursuant to section 3701.881 of | 715 |
the Revised Code with respect to an applicant for employment with | 716 |
a home health agency in a position that involves providing direct | 717 |
care to an older adult, a completed form prescribed pursuant to | 718 |
division (C)(1) of this section, and a set of fingerprint | 719 |
impressions obtained in the manner described in division (C)(2) of | 720 |
this section, the superintendent of the bureau of criminal | 721 |
identification and investigation shall conduct a criminal records | 722 |
check. The superintendent shall conduct the criminal records check | 723 |
in the manner described in division (B) of this section to | 724 |
determine whether any information exists that indicates that the | 725 |
person who is the subject of the request previously has been | 726 |
convicted of or pleaded guilty to any of the following: | 727 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 728 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 729 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 730 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 731 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 732 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 733 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 734 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 735 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 736 |
(b) An existing or former law of this state, any other state, | 737 |
or the United States that is substantially equivalent to any of | 738 |
the offenses listed in division (A)(6)(a) of this section. | 739 |
(7) When conducting a criminal records check upon a request | 740 |
pursuant to section 3319.39 of the Revised Code for an applicant | 741 |
who is a teacher, in addition to the determination made under | 742 |
division (A)(1) of this section, the superintendent shall | 743 |
determine whether any information exists that indicates that the | 744 |
person who is the subject of the request previously has been | 745 |
convicted of or pleaded guilty to any offense specified in section | 746 |
3319.31 of the Revised Code. | 747 |
(8) On receipt of a request pursuant to section 2151.86 of | 748 |
the Revised Code, a completed form prescribed pursuant to division | 749 |
(C)(1) of this section, and a set of fingerprint impressions | 750 |
obtained in the manner described in division (C)(2) of this | 751 |
section, the superintendent of the bureau of criminal | 752 |
identification and investigation shall conduct a criminal records | 753 |
check in the manner described in division (B) of this section to | 754 |
determine whether any information exists that indicates that the | 755 |
person who is the subject of the request previously has been | 756 |
convicted of or pleaded guilty to any of the following: | 757 |
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 758 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, | 759 |
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, | 760 |
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 761 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 762 |
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, | 763 |
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, | 764 |
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, | 765 |
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 | 766 |
of the Revised Code, a violation of section 2905.04 of the Revised | 767 |
Code as it existed prior to July 1, 1996, a violation of section | 768 |
2919.23 of the Revised Code that would have been a violation of | 769 |
section 2905.04 of the Revised Code as it existed prior to July 1, | 770 |
1996, had the violation been committed prior to that date, a | 771 |
violation of section 2925.11 of the Revised Code that is not a | 772 |
minor drug possession offense, two or more OVI or OVUAC violations | 773 |
committed within the three years immediately preceding the | 774 |
submission of the application or petition that is the basis of the | 775 |
request, or felonious sexual penetration in violation of former | 776 |
section 2907.12 of the Revised Code; | 777 |
(b) A violation of an existing or former law of this state, | 778 |
any other state, or the United States that is substantially | 779 |
equivalent to any of the offenses listed in division (A)(8)(a) of | 780 |
this section. | 781 |
(9) Upon receipt of a request pursuant to section 5104.012 or | 782 |
5104.013 of the Revised Code, a completed form prescribed pursuant | 783 |
to division (C)(1) of this section, and a set of fingerprint | 784 |
impressions obtained in the manner described in division (C)(2) of | 785 |
this section, the superintendent of the bureau of criminal | 786 |
identification and investigation shall conduct a criminal records | 787 |
check in the manner described in division (B) of this section to | 788 |
determine whether any information exists that indicates that the | 789 |
person who is the subject of the request has been convicted of or | 790 |
pleaded guilty to any of the following: | 791 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 792 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, | 793 |
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, | 794 |
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, | 795 |
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, | 796 |
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, | 797 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 798 |
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 799 |
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, | 800 |
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, | 801 |
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or | 802 |
3716.11 of the Revised Code, felonious sexual penetration in | 803 |
violation of former section 2907.12 of the Revised Code, a | 804 |
violation of section 2905.04 of the Revised Code as it existed | 805 |
prior to July 1, 1996, a violation of section 2919.23 of the | 806 |
Revised Code that would have been a violation of section 2905.04 | 807 |
of the Revised Code as it existed prior to July 1, 1996, had the | 808 |
violation been committed prior to that date, a violation of | 809 |
section 2925.11 of the Revised Code that is not a minor drug | 810 |
possession offense, a violation of section 2923.02 or 2923.03 of | 811 |
the Revised Code that relates to a crime specified in this | 812 |
division, or a second violation of section 4511.19 of the Revised | 813 |
Code within five years of the date of application for licensure or | 814 |
certification. | 815 |
(b) A violation of an existing or former law of this state, | 816 |
any other state, or the United States that is substantially | 817 |
equivalent to any of the offenses or violations described in | 818 |
division (A)(9)(a) of this section. | 819 |
(10) Upon receipt of a request pursuant to section 5153.111 | 820 |
of the Revised Code, a completed form prescribed pursuant to | 821 |
division (C)(1) of this section, and a set of fingerprint | 822 |
impressions obtained in the manner described in division (C)(2) of | 823 |
this section, the superintendent of the bureau of criminal | 824 |
identification and investigation shall conduct a criminal records | 825 |
check in the manner described in division (B) of this section to | 826 |
determine whether any information exists that indicates that the | 827 |
person who is the subject of the request previously has been | 828 |
convicted of or pleaded guilty to any of the following: | 829 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 830 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 831 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 832 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 833 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 834 |
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 835 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 836 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, | 837 |
felonious sexual penetration in violation of former section | 838 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 839 |
Revised Code as it existed prior to July 1, 1996, a violation of | 840 |
section 2919.23 of the Revised Code that would have been a | 841 |
violation of section 2905.04 of the Revised Code as it existed | 842 |
prior to July 1, 1996, had the violation been committed prior to | 843 |
that date, or a violation of section 2925.11 of the Revised Code | 844 |
that is not a minor drug possession offense; | 845 |
(b) A violation of an existing or former law of this state, | 846 |
any other state, or the United States that is substantially | 847 |
equivalent to any of the offenses listed in division (A)(10)(a) of | 848 |
this section. | 849 |
(11) On receipt of a request for a criminal records check | 850 |
from an individual pursuant to section 4749.03 or 4749.06 of the | 851 |
Revised Code, accompanied by a completed copy of the form | 852 |
prescribed in division (C)(1) of this section and a set of | 853 |
fingerprint impressions obtained in a manner described in division | 854 |
(C)(2) of this section, the superintendent of the bureau of | 855 |
criminal identification and investigation shall conduct a criminal | 856 |
records check in the manner described in division (B) of this | 857 |
section to determine whether any information exists indicating | 858 |
that the person who is the subject of the request has been | 859 |
convicted of or pleaded guilty to a felony in this state or in any | 860 |
other state. If the individual indicates that a firearm will be | 861 |
carried in the course of business, the superintendent shall | 862 |
require information from the federal bureau of investigation as | 863 |
described in division (B)(2) of this section. | 864 |
division (F) of this section, the superintendent shall report the | 865 |
findings of the criminal records check and any information the | 866 |
federal bureau of investigation provides to the director of public | 867 |
safety. | 868 |
(12) On receipt of a request pursuant to section 1321.37, | 869 |
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised | 870 |
Code, a completed form prescribed pursuant to division (C)(1) of | 871 |
this section, and a set of fingerprint impressions obtained in the | 872 |
manner described in division (C)(2) of this section, the | 873 |
superintendent of the bureau of criminal identification and | 874 |
investigation shall conduct a criminal records check with respect | 875 |
to any person who has applied for a license, permit, or | 876 |
certification from the department of commerce or a division in the | 877 |
department. The superintendent shall conduct the criminal records | 878 |
check in the manner described in division (B) of this section to | 879 |
determine whether any information exists that indicates that the | 880 |
person who is the subject of the request previously has been | 881 |
convicted of or pleaded guilty to any of the following: a | 882 |
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or | 883 |
2925.03 of the Revised Code; any other criminal offense involving | 884 |
theft, receiving stolen property, embezzlement, forgery, fraud, | 885 |
passing bad checks, money laundering, or drug trafficking, or any | 886 |
criminal offense involving money or securities, as set forth in | 887 |
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of | 888 |
the Revised Code; or any existing or former law of this state, any | 889 |
other state, or the United States that is substantially equivalent | 890 |
to those offenses. | 891 |
(13) On receipt of a request for a criminal records check | 892 |
from the treasurer of state under section 113.041 of the Revised | 893 |
Code or from an individual under section 4701.08, 4715.101, | 894 |
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 895 |
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 896 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 897 |
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, | 898 |
4762.031, 4762.06, 4776.021, or 4779.091 of the Revised Code, | 899 |
accompanied by a completed form prescribed under division (C)(1) | 900 |
of this section and a set of fingerprint impressions obtained in | 901 |
the manner described in division (C)(2) of this section, the | 902 |
superintendent of the bureau of criminal identification and | 903 |
investigation shall conduct a criminal records check in the manner | 904 |
described in division (B) of this section to determine whether any | 905 |
information exists that indicates that the person who is the | 906 |
subject of the request has been convicted of or pleaded guilty to | 907 |
any criminal offense in this state or any other state. | 908 |
to division (F) of this section, the superintendent shall send the | 909 |
results of a check requested under section 113.041 of the Revised | 910 |
Code to the treasurer of state and shall send the results of a | 911 |
check requested under any of the other listed sections to the | 912 |
licensing board specified by the individual in the request. | 913 |
(14) On receipt of a request pursuant to section 1121.23, | 914 |
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised | 915 |
Code, a completed form prescribed pursuant to division (C)(1) of | 916 |
this section, and a set of fingerprint impressions obtained in the | 917 |
manner described in division (C)(2) of this section, the | 918 |
superintendent of the bureau of criminal identification and | 919 |
investigation shall conduct a criminal records check in the manner | 920 |
described in division (B) of this section to determine whether any | 921 |
information exists that indicates that the person who is the | 922 |
subject of the request previously has been convicted of or pleaded | 923 |
guilty to any criminal offense under any existing or former law of | 924 |
this state, any other state, or the United States. | 925 |
(15) On receipt of a request for a criminal records check | 926 |
from an appointing or licensing authority under section 3772.07 of | 927 |
the Revised Code, a completed form prescribed under division | 928 |
(C)(1) of this section, and a set of fingerprint impressions | 929 |
obtained in the manner prescribed in division (C)(2) of this | 930 |
section, the superintendent of the bureau of criminal | 931 |
identification and investigation shall conduct a criminal records | 932 |
check in the manner described in division (B) of this section to | 933 |
determine whether any information exists that indicates that the | 934 |
person who is the subject of the request previously has been | 935 |
convicted of or pleaded guilty or no contest to any offense under | 936 |
any existing or former law of this state, any other state, or the | 937 |
United States that is a disqualifying offense as defined in | 938 |
section 3772.07 of the Revised Code or substantially equivalent to | 939 |
such an offense. | 940 |
(16) | 941 |
than thirty days after the date the superintendent receives a | 942 |
request of a type described in division (A)(1), (2), (3), (4), | 943 |
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this | 944 |
section, the completed form, and the fingerprint impressions, the | 945 |
superintendent shall send the person, board, or entity that made | 946 |
the request any information, other than information the | 947 |
dissemination of which is prohibited by federal law, the | 948 |
superintendent determines exists with respect to the person who is | 949 |
the subject of the request that indicates that the person | 950 |
previously has been convicted of or pleaded guilty to any offense | 951 |
listed or described in division (A)(1), (2), (3), (4), (5), (6), | 952 |
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as | 953 |
appropriate. | 954 |
superintendent shall send the person, board, or entity that made | 955 |
the request a copy of the list of offenses specified in division | 956 |
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), | 957 |
(14), or (15) of this section, as appropriate. If the request was | 958 |
made under section 3701.881 of the Revised Code with regard to an | 959 |
applicant who may be both responsible for the care, custody, or | 960 |
control of a child and involved in providing direct care to an | 961 |
older adult, the superintendent shall provide a list of the | 962 |
offenses specified in divisions (A)(4) and (6) of this section. | 963 |
| 964 |
thirty days after the superintendent receives a request for a | 965 |
criminal records check pursuant to section 113.041 of the Revised | 966 |
Code, the completed form, and the fingerprint impressions, the | 967 |
superintendent shall send the treasurer of state any information, | 968 |
other than information the dissemination of which is prohibited by | 969 |
federal law, the superintendent determines exist with respect to | 970 |
the person who is the subject of the request that indicates that | 971 |
the person previously has been convicted of or pleaded guilty to | 972 |
any criminal offense in this state or any other state. | 973 |
(B) | 974 |
superintendent shall conduct any criminal records check requested | 975 |
under section 113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, | 976 |
1163.05, 1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, | 977 |
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, | 978 |
3721.121, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121, | 979 |
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, | 980 |
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, | 981 |
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, | 982 |
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, | 983 |
4776.021, 4779.091, 5104.012, 5104.013, 5111.032, 5111.033, | 984 |
5111.034, 5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or | 985 |
5153.111 of the Revised Code as follows: | 986 |
(1) The superintendent shall review or cause to be reviewed | 987 |
any relevant information gathered and compiled by the bureau under | 988 |
division (A) of section 109.57 of the Revised Code that relates to | 989 |
the person who is the subject of the request, including, if the | 990 |
criminal records check was requested under section 113.041, | 991 |
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, | 992 |
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, | 993 |
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, | 994 |
3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032, | 995 |
5111.033, 5111.034, 5119.693, 5119.85, 5123.081, 5126.28, | 996 |
5126.281, or 5153.111 of the Revised Code, any relevant | 997 |
information contained in records that have been sealed under | 998 |
section 2953.32 of the Revised Code; | 999 |
(2) If the request received by the superintendent asks for | 1000 |
information from the federal bureau of investigation, the | 1001 |
superintendent shall request from the federal bureau of | 1002 |
investigation any information it has with respect to the person | 1003 |
who is the subject of the request, including fingerprint-based | 1004 |
checks of national crime information databases as described in 42 | 1005 |
U.S.C. 671 if the request is made pursuant to section 2151.86, | 1006 |
5104.012, or 5104.013 of the Revised Code or if any other Revised | 1007 |
Code section requires fingerprint-based checks of that nature, and | 1008 |
shall review or cause to be reviewed any information the | 1009 |
superintendent receives from that bureau. If a request under | 1010 |
section 3319.39 of the Revised Code asks only for information from | 1011 |
the federal bureau of investigation, the superintendent shall not | 1012 |
conduct the review prescribed by division (B)(1) of this section. | 1013 |
(3) The superintendent or the superintendent's designee may | 1014 |
request criminal history records from other states or the federal | 1015 |
government pursuant to the national crime prevention and privacy | 1016 |
compact set forth in section 109.571 of the Revised Code. | 1017 |
(C)(1) The superintendent shall prescribe a form to obtain | 1018 |
the information necessary to conduct a criminal records check from | 1019 |
any person for whom a criminal records check is requested under | 1020 |
section 113.041 of the Revised Code or required by section 121.08, | 1021 |
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, | 1022 |
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, | 1023 |
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, | 1024 |
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, | 1025 |
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 1026 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 1027 |
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 1028 |
4761.051, 4762.031, 4762.06, 4763.05, 4776.021, 4779.091, | 1029 |
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693, | 1030 |
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised | 1031 |
Code. The form that the superintendent prescribes pursuant to this | 1032 |
division may be in a tangible format, in an electronic format, or | 1033 |
in both tangible and electronic formats. | 1034 |
(2) The superintendent shall prescribe standard impression | 1035 |
sheets to obtain the fingerprint impressions of any person for | 1036 |
whom a criminal records check is requested under section 113.041 | 1037 |
of the Revised Code or required by section 121.08, 173.27, | 1038 |
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, | 1039 |
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, | 1040 |
3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101, | 1041 |
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 1042 |
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 1043 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 1044 |
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 1045 |
4761.051, 4762.031, 4762.06, 4763.05, 4776.021, 4779.091, | 1046 |
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693, | 1047 |
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised | 1048 |
Code. Any person for whom a records check is requested under or | 1049 |
required by any of those sections shall obtain the fingerprint | 1050 |
impressions at a county sheriff's office, municipal police | 1051 |
department, or any other entity with the ability to make | 1052 |
fingerprint impressions on the standard impression sheets | 1053 |
prescribed by the superintendent. The office, department, or | 1054 |
entity may charge the person a reasonable fee for making the | 1055 |
impressions. The standard impression sheets the superintendent | 1056 |
prescribes pursuant to this division may be in a tangible format, | 1057 |
in an electronic format, or in both tangible and electronic | 1058 |
formats. | 1059 |
(3) Subject to division (D) of this section, the | 1060 |
superintendent shall prescribe and charge a reasonable fee for | 1061 |
providing a criminal records check requested under section | 1062 |
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, | 1063 |
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, | 1064 |
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, | 1065 |
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, | 1066 |
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, | 1067 |
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, | 1068 |
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, | 1069 |
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4776.021, | 1070 |
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034, | 1071 |
5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the | 1072 |
Revised Code. The person making a criminal records request under | 1073 |
any of those sections shall pay the fee prescribed pursuant to | 1074 |
this division. A person making a request under section 3701.881 of | 1075 |
the Revised Code for a criminal records check for an applicant who | 1076 |
may be both responsible for the care, custody, or control of a | 1077 |
child and involved in providing direct care to an older adult | 1078 |
shall pay one fee for the request. In the case of a request under | 1079 |
section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or | 1080 |
5111.032 of the Revised Code, the fee shall be paid in the manner | 1081 |
specified in that section. | 1082 |
(4) The superintendent of the bureau of criminal | 1083 |
identification and investigation may prescribe methods of | 1084 |
forwarding fingerprint impressions and information necessary to | 1085 |
conduct a criminal records check, which methods shall include, but | 1086 |
not be limited to, an electronic method. | 1087 |
(D) A determination whether any information exists that | 1088 |
indicates that a person previously has been convicted of or | 1089 |
pleaded guilty to any offense listed or described in division | 1090 |
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or | 1091 |
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b), | 1092 |
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15) | 1093 |
of this section, or that indicates that a person previously has | 1094 |
been convicted of or pleaded guilty to any criminal offense in | 1095 |
this state or any other state regarding a criminal records check | 1096 |
of a type described in division (A)(13) of this section, and that | 1097 |
is made by the superintendent with respect to information | 1098 |
considered in a criminal records check in accordance with this | 1099 |
section is valid for the person who is the subject of the criminal | 1100 |
records check for a period of one year from the date upon which | 1101 |
the superintendent makes the determination. During the period in | 1102 |
which the determination in regard to a person is valid, if another | 1103 |
request under this section is made for a criminal records check | 1104 |
for that person, the superintendent shall provide the information | 1105 |
that is the basis for the superintendent's initial determination | 1106 |
at a lower fee than the fee prescribed for the initial criminal | 1107 |
records check. | 1108 |
(E) When the superintendent receives a request for | 1109 |
information from a registered private provider, the superintendent | 1110 |
shall proceed as if the request was received from a school | 1111 |
district board of education under section 3319.39 of the Revised | 1112 |
Code. The superintendent shall apply division (A)(7) of this | 1113 |
section to any such request for an applicant who is a teacher. | 1114 |
(F)(1) All information regarding the results of a criminal | 1115 |
records check conducted under this section that the superintendent | 1116 |
reports or sends under division (A)(11), (13), or (16) of this | 1117 |
section to the director of public safety, the treasurer of state, | 1118 |
or the person, board, or entity that made the request for the | 1119 |
criminal records check shall relate to the conviction of the | 1120 |
subject person, or the subject person's plea of guilty to, a | 1121 |
criminal offense. | 1122 |
(2) Division (F)(1) of this section does not limit, restrict, | 1123 |
or preclude the superintendent's release of information that | 1124 |
relates to an adjudication of a child as a delinquent child, or | 1125 |
that relates to a criminal conviction of a person under eighteen | 1126 |
years of age if the person's case was transferred back to a | 1127 |
juvenile court under division (B)(2) or (3) of section 2152.121 of | 1128 |
the Revised Code and the juvenile court imposed a disposition or | 1129 |
serious youthful offender disposition upon the person under either | 1130 |
division, if either of the following applies with respect to the | 1131 |
adjudication or conviction: | 1132 |
(a) The adjudication or conviction was for a violation of | 1133 |
section 2903.01 or 2903.02 of the Revised Code. | 1134 |
(b) The adjudication or conviction was for a sexually | 1135 |
oriented offense, as defined in section 2950.01 of the Revised | 1136 |
Code, the juvenile court was required to classify the child a | 1137 |
juvenile offender registrant for that offense under section | 1138 |
2152.82, 2152.83, or 2152.86 of the Revised Code, and that | 1139 |
classification has not been removed. | 1140 |
(G) As used in this section: | 1141 |
(1) "Criminal records check" means any criminal records check | 1142 |
conducted by the superintendent of the bureau of criminal | 1143 |
identification and investigation in accordance with division (B) | 1144 |
of this section. | 1145 |
(2) "Minor drug possession offense" has the same meaning as | 1146 |
in section 2925.01 of the Revised Code. | 1147 |
(3) "Older adult" means a person age sixty or older. | 1148 |
(4) "OVI or OVUAC violation" means a violation of section | 1149 |
4511.19 of the Revised Code or a violation of an existing or | 1150 |
former law of this state, any other state, or the United States | 1151 |
that is substantially equivalent to section 4511.19 of the Revised | 1152 |
Code. | 1153 |
(5) "Registered private provider" means a nonpublic school or | 1154 |
entity registered with the superintendent of public instruction | 1155 |
under section 3310.41 of the Revised Code to participate in the | 1156 |
autism scholarship program or section 3310.58 of the Revised Code | 1157 |
to participate in the Jon Peterson special needs scholarship | 1158 |
program. | 1159 |
Sec. 109.578. (A) On receipt of a request pursuant to section | 1160 |
505.381, 737.081, 737.221, or 4765.301 of the Revised Code, a | 1161 |
completed form prescribed pursuant to division (C)(1) of this | 1162 |
section, and a set of fingerprint impressions obtained in the | 1163 |
manner described in division (C)(2) of this section, the | 1164 |
superintendent of the bureau of criminal identification and | 1165 |
investigation shall conduct a criminal records check in the manner | 1166 |
described in division (B) of this section to determine whether any | 1167 |
information exists that indicates that the person who is the | 1168 |
subject of the request previously has been convicted of or pleaded | 1169 |
guilty to any of the following: | 1170 |
(1) A felony; | 1171 |
(2) A violation of section 2909.03 of the Revised Code; | 1172 |
(3) A violation of an existing or former law of this state, | 1173 |
any other state, or the United States that is substantially | 1174 |
equivalent to any of the offenses listed in division (A)(1) or (2) | 1175 |
of this section. | 1176 |
(B) | 1177 |
superintendent shall conduct any criminal records check pursuant | 1178 |
to division (A) of this section as follows: | 1179 |
(1) The superintendent shall review or cause to be reviewed | 1180 |
any relevant information gathered and compiled by the bureau under | 1181 |
division (A) of section 109.57 of the Revised Code that relates to | 1182 |
the person who is the subject of the request, including any | 1183 |
relevant information contained in records that have been sealed | 1184 |
under section 2953.32 of the Revised Code. | 1185 |
(2) If the request received by the superintendent asks for | 1186 |
information from the federal bureau of investigation, the | 1187 |
superintendent shall request from the federal bureau of | 1188 |
investigation any information it has with respect to the person | 1189 |
who is the subject of the request and shall review or cause to be | 1190 |
reviewed any information the superintendent receives from that | 1191 |
bureau. | 1192 |
(C)(1) The superintendent shall prescribe a form to obtain | 1193 |
the information necessary to conduct a criminal records check from | 1194 |
any person for whom a criminal records check is requested pursuant | 1195 |
to section 505.381, 737.081, 737.221, or 4765.301 of the Revised | 1196 |
Code. The form that the superintendent prescribes pursuant to this | 1197 |
division may be in a tangible format, in an electronic format, or | 1198 |
in both tangible and electronic formats. | 1199 |
(2) The superintendent shall prescribe standard impression | 1200 |
sheets to obtain the fingerprint impressions of any person for | 1201 |
whom a criminal records check is requested pursuant to section | 1202 |
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any | 1203 |
person for whom a records check is requested pursuant to any of | 1204 |
those sections shall obtain the fingerprint impressions at a | 1205 |
county sheriff's office, a municipal police department, or any | 1206 |
other entity with the ability to make fingerprint impressions on | 1207 |
the standard impression sheets prescribed by the superintendent. | 1208 |
The office, department, or entity may charge the person a | 1209 |
reasonable fee for making the impressions. The standard impression | 1210 |
sheets the superintendent prescribes pursuant to this division may | 1211 |
be in a tangible format, in an electronic format, or in both | 1212 |
tangible and electronic formats. | 1213 |
(3) Subject to division (D) of this section, the | 1214 |
superintendent shall prescribe and charge a reasonable fee for | 1215 |
providing a criminal records check requested under section | 1216 |
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The | 1217 |
person making the criminal records request shall pay the fee | 1218 |
prescribed pursuant to this division. | 1219 |
(4) The superintendent may prescribe methods of forwarding | 1220 |
fingerprint impressions and information necessary to conduct a | 1221 |
criminal records check. The methods shall include, but are not | 1222 |
limited to, an electronic method. | 1223 |
(D) A determination whether any information exists that | 1224 |
indicates that a person previously has been convicted of or | 1225 |
pleaded guilty to any offense listed or described in division (A) | 1226 |
of this section and that the superintendent made with respect to | 1227 |
information considered in a criminal records check in accordance | 1228 |
with this section is valid for the person who is the subject of | 1229 |
the criminal records check for a period of one year from the date | 1230 |
upon which the superintendent makes the determination. During the | 1231 |
period in which the determination in regard to a person is valid, | 1232 |
if another request under this section is made for a criminal | 1233 |
records check for that person, the superintendent shall provide | 1234 |
the information that is the basis for the superintendent's initial | 1235 |
determination at a lower fee than the fee prescribed for the | 1236 |
initial criminal records check. | 1237 |
(E)(1) All information regarding the results of a criminal | 1238 |
records check conducted under this section that the superintendent | 1239 |
reports or sends under this section to the person, board, or | 1240 |
entity that made the request for the criminal records check shall | 1241 |
relate to the conviction of the subject person, or the subject | 1242 |
person's plea of guilty to, a criminal offense. | 1243 |
(2) Division (E)(1) of this section does not limit, restrict, | 1244 |
or preclude the superintendent's release of information that | 1245 |
relates to an adjudication of a child as a delinquent child, or | 1246 |
that relates to a criminal conviction of a person under eighteen | 1247 |
years of age if the person's case was transferred back to a | 1248 |
juvenile court under division (B)(2) or (3) of section 2152.121 of | 1249 |
the Revised Code and the juvenile court imposed a disposition or | 1250 |
serious youthful offender disposition upon the person under either | 1251 |
division, if either of the following applies with respect to the | 1252 |
adjudication or conviction: | 1253 |
(a) The adjudication or conviction was for a violation of | 1254 |
section 2903.01 or 2903.02 of the Revised Code. | 1255 |
(b) The adjudication or conviction was for a sexually | 1256 |
oriented offense, as defined in section 2950.01 of the Revised | 1257 |
Code, the juvenile court was required to classify the child a | 1258 |
juvenile offender registrant for that offense under section | 1259 |
2152.82, 2152.83, or 2152.86 of the Revised Code, and that | 1260 |
classification has not been removed. | 1261 |
(F) As used in this section, "criminal records check" means | 1262 |
any criminal records check conducted by the superintendent of the | 1263 |
bureau of criminal identification and investigation in accordance | 1264 |
with division (B) of this section. | 1265 |
Sec. 307.932. (A) As used in this section: | 1266 |
(1) "Division of parole and community services" means the | 1267 |
division of parole and community services of the department of | 1268 |
rehabilitation and correction. | 1269 |
(2) "Eligible offender" means, in relation to a particular | 1270 |
community alternative sentencing center or district community | 1271 |
alternative sentencing center established and operated under | 1272 |
division (E) of this section, an offender who has been convicted | 1273 |
of or pleaded guilty to a qualifying misdemeanor offense, for whom | 1274 |
no provision of the Revised Code or ordinance of a municipal | 1275 |
corporation other than section 4511.19 of the Revised Code, both | 1276 |
section 4510.14 and 4511.19 of the Revised Code, or an ordinance | 1277 |
or ordinances of a municipal corporation that provide the | 1278 |
penalties for a municipal OVI offense or for both a municipal OVI | 1279 |
ordinance and a municipal DUS ordinance of the municipal | 1280 |
corporation requires the imposition of a mandatory jail term for | 1281 |
that qualifying misdemeanor offense, and who is eligible to be | 1282 |
sentenced directly to that center and admitted to it under rules | 1283 |
adopted under division (G) of this section by the board of county | 1284 |
commissioners or affiliated group of boards of county | 1285 |
commissioners that established and operates that center. | 1286 |
(3) "Municipal OVI offense" has the same meaning as in | 1287 |
section 4511.181 of the Revised Code. | 1288 |
(4) "OVI term of confinement" means a term of confinement | 1289 |
imposed for a violation of section 4511.19 of the Revised Code or | 1290 |
for a municipal OVI offense, including any mandatory jail term or | 1291 |
mandatory term of local incarceration imposed for that violation | 1292 |
or offense. | 1293 |
(5) "Community residential sanction" means a community | 1294 |
residential sanction imposed under section 2929.26 of the Revised | 1295 |
Code for a misdemeanor violation of a section of the Revised Code | 1296 |
or a term of confinement imposed for a misdemeanor violation of a | 1297 |
municipal ordinance that is not a jail term. | 1298 |
(6) "Qualifying misdemeanor offense" means a violation of any | 1299 |
section of the Revised Code that is a misdemeanor or a violation | 1300 |
of any ordinance of a municipal corporation located in the county | 1301 |
that is a misdemeanor. | 1302 |
(7) "Municipal DUS offense" means a violation of a municipal | 1303 |
ordinance that is substantially equivalent to section 4510.14 of | 1304 |
the Revised Code. | 1305 |
(B)(1) The board of county commissioners of any county, in | 1306 |
consultation with the sheriff of the county, may formulate a | 1307 |
proposal for a community alternative sentencing center that, upon | 1308 |
implementation by the county or being subcontracted to or operated | 1309 |
by a nonprofit organization, would be used for the confinement of | 1310 |
eligible offenders sentenced directly to the center by a court | 1311 |
located in the county pursuant to a community residential sanction | 1312 |
of not more than thirty days or pursuant to an OVI term of | 1313 |
confinement of not more than sixty days, and for the purpose of | 1314 |
closely monitoring those eligible offenders' adjustment to | 1315 |
community supervision. A board that formulates a proposal pursuant | 1316 |
to this division shall do so by resolution. | 1317 |
(2) The boards of county commissioners of two or more | 1318 |
adjoining or neighboring counties, in consultation with the | 1319 |
sheriffs of each of those counties, may affiliate and formulate by | 1320 |
resolution adopted by each of them a proposal for a district | 1321 |
community alternative sentencing center that, upon implementation | 1322 |
by the counties or being subcontracted to or operated by a | 1323 |
nonprofit organization, would be used for the confinement of | 1324 |
eligible offenders sentenced directly to the center by a court | 1325 |
located in any of those counties pursuant to a community | 1326 |
residential sanction of not more than thirty days or pursuant to | 1327 |
an OVI term of confinement of not more than sixty days, and for | 1328 |
the purpose of closely monitoring those eligible offenders' | 1329 |
adjustment to community supervision. Each board that affiliates | 1330 |
with one or more other boards to formulate a proposal pursuant to | 1331 |
this division shall formulate the proposal by resolution. | 1332 |
(C) Each proposal for a community alternative sentencing | 1333 |
center or a district community alternative sentencing center that | 1334 |
is formulated under division (B)(1) or (2) of this section shall | 1335 |
include proposals for operation of the center and for criteria to | 1336 |
define which offenders are eligible to be sentenced directly to | 1337 |
the center and admitted to it. At a minimum, the proposed criteria | 1338 |
that define which offenders are eligible to be sentenced directly | 1339 |
to the center and admitted to it shall provide all of the | 1340 |
following: | 1341 |
(1) That an offender is eligible to be sentenced directly to | 1342 |
the center and admitted to it if the offender has been convicted | 1343 |
of or pleaded guilty to a qualifying misdemeanor offense and is | 1344 |
sentenced directly to the center for the qualifying misdemeanor | 1345 |
offense pursuant to a community residential sanction of not more | 1346 |
than thirty days or pursuant to an OVI term of confinement of not | 1347 |
more than sixty days by a court that is located in the county or | 1348 |
one of the counties served by the board of county commissioners or | 1349 |
by any of the affiliated group of boards of county commissioners | 1350 |
that submits the proposal; | 1351 |
(2) That, except as otherwise provided in this division, no | 1352 |
offender is eligible to be sentenced directly to the center or | 1353 |
admitted to it if, in addition to the community residential | 1354 |
sanction or OVI term of confinement described in division (C)(1) | 1355 |
of this section, the offender is serving or has been sentenced to | 1356 |
serve any other jail term, prison term, or community residential | 1357 |
sanction. A mandatory jail term or electronic monitoring imposed | 1358 |
in lieu of a mandatory jail term for a violation of section | 1359 |
4511.19 of the Revised Code, for a municipal OVI offense, or for | 1360 |
either such offense and a similar offense that exceeds sixty days | 1361 |
of confinement shall not disqualify the offender from serving | 1362 |
sixty days of the mandatory jail term at the center. | 1363 |
(D) If a proposal for a community alternative sentencing | 1364 |
center or a district community alternative sentencing center that | 1365 |
is formulated under division (B)(1) or (2) of this section | 1366 |
contemplates the use of an existing facility, or a part of an | 1367 |
existing facility, as the center, nothing in this section limits, | 1368 |
restricts, or precludes the use of the facility, the part of the | 1369 |
facility, or any other part of the facility for any purpose other | 1370 |
than as a community alternative sentencing center or district | 1371 |
community alternative sentencing center. | 1372 |
(E) The establishment and operation of a community | 1373 |
alternative sentencing center or district community alternative | 1374 |
sentencing center may be done by subcontracting with a nonprofit | 1375 |
organization for the operation of the center. | 1376 |
If a board of county commissioners or an affiliated group of | 1377 |
boards of county commissioners establishes and operates a | 1378 |
community alternative sentencing center or district community | 1379 |
alternative sentencing center under this division, except as | 1380 |
otherwise provided in this division, the center is not a minimum | 1381 |
security jail under section 341.14, section 753.21, or any other | 1382 |
provision of the Revised Code, is not a jail or alternative | 1383 |
residential facility as defined in section 2929.01 of the Revised | 1384 |
Code, is not required to satisfy or comply with minimum standards | 1385 |
for minimum security jails or other jails that are promulgated | 1386 |
under division (A) of section 5120.10 of the Revised Code, is not | 1387 |
a local detention facility as defined in section 2929.36 of the | 1388 |
Revised Code, and is not a residential unit as defined in section | 1389 |
2950.01 of the Revised Code. The center is a detention facility as | 1390 |
defined in sections 2921.01 and 2923.124 of the Revised Code, and | 1391 |
an eligible offender confined in the center is under detention as | 1392 |
defined in section 2921.01 of the Revised Code. Regarding persons | 1393 |
sentenced directly to the center under an OVI term of confinement | 1394 |
or under both an OVI term of confinement and confinement for a | 1395 |
violation of section 4510.14 of the Revised Code or a municipal | 1396 |
DUS offense, the center shall be considered a "jail" or "local | 1397 |
correctional facility" for purposes of any provision in section | 1398 |
4510.14 or 4511.19 of the Revised Code or in an ordinance of a | 1399 |
municipal corporation that requires a mandatory jail term or | 1400 |
mandatory term of local incarceration for the violation of section | 1401 |
4511.19 of the Revised Code, the violation of both section 4510.14 | 1402 |
and 4511.19 of the Revised Code, the municipal OVI offense, or the | 1403 |
municipal OVI offense and the municipal DUS offense, and a direct | 1404 |
sentence of a person to the center under an OVI term of | 1405 |
confinement or under both an OVI term of confinement and | 1406 |
confinement for a violation of section 4510.14 of the Revised Code | 1407 |
or a municipal DUS offense shall be considered to be a sentence to | 1408 |
a "jail" or "local correctional facility" for purposes of any such | 1409 |
provision in section 4510.14 or 4511.19 of the Revised Code or in | 1410 |
an ordinance of a municipal corporation. | 1411 |
(F)(1) If the board of county commissioners of a county that | 1412 |
is being served by a community alternative sentencing center | 1413 |
established pursuant to division (E) of this section determines | 1414 |
that it no longer wants to be served by the center, the board may | 1415 |
dissolve the center by adopting a resolution evidencing the | 1416 |
determination to dissolve the center. | 1417 |
(2) If the boards of county commissioners of all of the | 1418 |
counties served by any district community alternative sentencing | 1419 |
center established pursuant to division (E) of this section | 1420 |
determine that they no longer want to be served by the center, the | 1421 |
boards may dissolve the center by adopting in each county a | 1422 |
resolution evidencing the determination to dissolve the center. | 1423 |
(3) If at least one, but not all, of the boards of county | 1424 |
commissioners of the counties being served by any district | 1425 |
community alternative sentencing center established pursuant to | 1426 |
division (E) of this section determines that it no longer wants to | 1427 |
be served by the center, the board may terminate its involvement | 1428 |
with the center by adopting a resolution evidencing the | 1429 |
determination to terminate its involvement with the center. If at | 1430 |
least one, but not all, of the boards of county commissioners of | 1431 |
the counties being served by any community alternative sentencing | 1432 |
center terminates its involvement with the center in accordance | 1433 |
with this division, the other boards of county commissioners of | 1434 |
the counties being served by the center may continue to be served | 1435 |
by the center. | 1436 |
(G) Prior to establishing or operating a community | 1437 |
alternative sentencing center or a district community alternative | 1438 |
sentencing center, the board of county commissioners or the | 1439 |
affiliated group of boards of county commissioners that formulated | 1440 |
the proposal shall adopt rules for the operation of the center. | 1441 |
The rules shall include criteria that define which offenders are | 1442 |
eligible to be sentenced directly to the center and admitted to | 1443 |
it. | 1444 |
(H) If a board of county commissioners establishes and | 1445 |
operates a community alternative sentencing center under division | 1446 |
(E) of this section, or an affiliated group of boards of county | 1447 |
commissioners establishes and operates a district community | 1448 |
alternative sentencing center under that division, all of the | 1449 |
following apply: | 1450 |
(1) Any court located within the county served by the board | 1451 |
that establishes and operates a community | 1452 |
sentencing center may directly sentence eligible offenders to the | 1453 |
center pursuant to a community residential sanction of not more | 1454 |
than thirty days or pursuant to an OVI term of confinement, a | 1455 |
combination of an OVI term of confinement and confinement for a | 1456 |
violation of section 4510.14 of the Revised Code, or confinement | 1457 |
for a municipal DUS offense of not more than sixty days. Any court | 1458 |
located within a county served by any of the boards that | 1459 |
establishes and operates a district community | 1460 |
alternative sentencing center may directly sentence eligible | 1461 |
offenders to the center pursuant to a community residential | 1462 |
sanction of not more than thirty days or pursuant to an OVI term | 1463 |
of confinement, a combination of an OVI term of confinement and | 1464 |
confinement for a violation of section 4510.14 of the Revised | 1465 |
Code, or confinement for a municipal DUS offense of not more than | 1466 |
1467 |
(2) Each eligible offender who is sentenced to the center as | 1468 |
described in division (H)(1) of this section and admitted to it | 1469 |
shall be offered during the eligible offender's confinement at the | 1470 |
center educational and vocational services and reentry planning | 1471 |
and may be offered any other treatment and rehabilitative services | 1472 |
that are available and that the court that sentenced the | 1473 |
particular eligible offender to the center and the administrator | 1474 |
of the center determine are appropriate based upon the offense for | 1475 |
which the eligible offender was sentenced to the community | 1476 |
residential sanction and the length of the sanction. | 1477 |
(3) Before accepting an eligible offender sentenced to the | 1478 |
center by a court, the board or the affiliated group of boards | 1479 |
shall enter into an agreement with a political subdivision that | 1480 |
operates that court that addresses the cost and payment of medical | 1481 |
treatment or services received by eligible offenders sentenced by | 1482 |
that court while they are confined in the center. The agreement | 1483 |
may provide for the payment of the costs by the particular | 1484 |
eligible offender who receives the treatment or services, as | 1485 |
described in division (I) of this section. | 1486 |
(4) If a court sentences an eligible offender to a center | 1487 |
under authority of division (H)(1) of this section, immediately | 1488 |
after the sentence is imposed, the eligible offender shall be | 1489 |
taken to the probation department that serves the court. The | 1490 |
department shall handle any preliminary matters regarding the | 1491 |
admission of the eligible offender to the center, including a | 1492 |
determination as to whether the eligible offender may be admitted | 1493 |
to the center under the criteria included in the rules adopted | 1494 |
under division (G) of this section that define which offenders are | 1495 |
eligible to be sentenced and admitted to the center. If the | 1496 |
eligible offender is accepted for admission to the center, the | 1497 |
department shall schedule the eligible offender for the admission | 1498 |
and shall provide for the transportation of the offender to the | 1499 |
center. If an eligible offender who is sentenced to the center | 1500 |
under a community residential sanction is not accepted for | 1501 |
admission to the center for any reason, the nonacceptance shall be | 1502 |
considered a violation of a condition of the community residential | 1503 |
sanction, the eligible offender shall be taken before the court | 1504 |
that imposed the sentence, and the court may proceed as specified | 1505 |
in division (C)(2) of section 2929.25 of the Revised Code based on | 1506 |
the violation or as provided by ordinance of the municipal | 1507 |
corporation based on the violation, whichever is applicable. If an | 1508 |
eligible offender who is sentenced to the center under an OVI term | 1509 |
of confinement is not accepted for admission to the center for any | 1510 |
reason, the eligible offender shall be taken before the court that | 1511 |
imposed the sentence, and the court shall determine the place at | 1512 |
which the offender is to serve the term of confinement. If the | 1513 |
eligible offender is admitted to the center, all of the following | 1514 |
apply: | 1515 |
(a) The admission shall be under the terms and conditions | 1516 |
established by the court and the administrator of the center, and | 1517 |
the court and the administrator of the center shall provide for | 1518 |
the confinement of the eligible offender and supervise the | 1519 |
eligible offender as provided in divisions (H)(4)(b) to (f) of | 1520 |
this section. | 1521 |
(b) The eligible offender shall be confined in the center | 1522 |
during any period of time that the eligible offender is not | 1523 |
actually working at the eligible offender's approved work release | 1524 |
described in division (H)(4)(c) of this section, engaged in | 1525 |
community service activities described in division (H)(4)(d) of | 1526 |
this section, engaged in authorized vocational training or another | 1527 |
authorized educational program, engaged in another program | 1528 |
designated by the administrator of the center, or engaged in other | 1529 |
activities approved by the court and the administrator of the | 1530 |
center. | 1531 |
(c) If the court and the administrator of the center | 1532 |
determine that work release is appropriate based upon the offense | 1533 |
for which the eligible offender was sentenced to the community | 1534 |
residential sanction or OVI term of confinement and the length of | 1535 |
the sanction or term, the eligible offender may be offered work | 1536 |
release from confinement at the center and be released from | 1537 |
confinement while engaged in the work release. | 1538 |
(d) If the administrator of the center determines that | 1539 |
community service is appropriate and if the eligible offender will | 1540 |
be confined for more than ten days at the center, the eligible | 1541 |
offender may be required to participate in community service | 1542 |
activities approved by the political subdivision served by the | 1543 |
court. Community service activities that may be required under | 1544 |
this division may take place in facilities of the political | 1545 |
subdivision that operates the court, in the community, or in both | 1546 |
such locales. The eligible offender shall be released from | 1547 |
confinement while engaged in the community service activities. | 1548 |
Community service activities required under this division shall be | 1549 |
supervised by the court or an official designated by the board of | 1550 |
county commissioners or affiliated group of boards of county | 1551 |
commissioners that established and is operating the center. | 1552 |
Community service activities required under this division shall | 1553 |
not exceed in duration the period for which the eligible offender | 1554 |
will be confined at the center under the community residential | 1555 |
sanction or the OVI term of confinement. | 1556 |
(e) The confinement of the eligible offender in the center | 1557 |
shall be considered for purposes of this division and division | 1558 |
(H)(4)(f) of this section as including any period of time | 1559 |
described in division (H)(4)(b) of this section when the eligible | 1560 |
offender may be outside of the center and shall continue until the | 1561 |
expiration of the community residential sanction, the OVI term of | 1562 |
confinement, or the combination of the OVI term of confinement and | 1563 |
the confinement for the violation of section 4510.14 of the | 1564 |
Revised Code or the municipal DUS ordinance that the eligible | 1565 |
offender is serving upon admission to the center. | 1566 |
(f) After the admission and until the expiration of the | 1567 |
community residential sanction or OVI term of confinement that the | 1568 |
eligible offender is serving upon admission to the center, the | 1569 |
eligible offender shall be considered for purposes of any | 1570 |
provision in Title XXIX of the Revised Code to be serving the | 1571 |
community residential sanction or OVI term of confinement. | 1572 |
(5) The administrator of the center, or the administrator's | 1573 |
designee, shall post a sign as described in division (A)(4) of | 1574 |
section 2923.1212 of the Revised Code in a conspicuous location at | 1575 |
the center. | 1576 |
(I) The board of county commissioners that establishes and | 1577 |
operates a community alternative sentencing center under division | 1578 |
(E) of this section, or the affiliated group of boards of county | 1579 |
commissioners that establishes and operates a district community | 1580 |
alternative sentencing center under that division, may require an | 1581 |
eligible offender who is sentenced directly to the center and | 1582 |
admitted to it to pay to the county served by the board or the | 1583 |
counties served by the affiliated group of boards or the entity | 1584 |
operating the center the reasonable expenses incurred by the | 1585 |
county or counties, whichever is applicable, in supervising or | 1586 |
confining the eligible offender after being sentenced to the | 1587 |
center and admitted. Inability to pay those reasonable expenses | 1588 |
shall not be grounds for refusing to admit an otherwise eligible | 1589 |
offender to the center. | 1590 |
(J)(1) If an eligible offender who is directly sentenced to a | 1591 |
community alternative sentencing center or district community | 1592 |
alternative sentencing center and admitted to the center | 1593 |
successfully completes the service of the community residential | 1594 |
sanction in the center, the administrator of the center shall | 1595 |
notify the court that imposed the sentence, and the court shall | 1596 |
enter into the journal that the eligible offender successfully | 1597 |
completed the service of the sanction. | 1598 |
(2) If an eligible offender who is directly sentenced to a | 1599 |
community alternative sentencing center or district community | 1600 |
alternative sentencing center and admitted to the center violates | 1601 |
any rule established under this section by the board of county | 1602 |
commissioners or the affiliated group of boards of county | 1603 |
commissioners that establishes and operates the center, violates | 1604 |
any condition of the community residential sanction, the OVI term | 1605 |
of confinement, or the combination of the OVI term of confinement | 1606 |
and the confinement for the violation of section 4510.14 of the | 1607 |
Revised Code or the municipal OVI ordinance imposed by the | 1608 |
sentencing court, or otherwise does not successfully complete the | 1609 |
service of the community residential sanction or OVI term of | 1610 |
confinement in the center, the administrator of the center shall | 1611 |
report the violation or failure to successfully complete the | 1612 |
sanction or term directly to the court or to the probation | 1613 |
department or probation officer with general control and | 1614 |
supervision over the eligible offender. A failure to successfully | 1615 |
complete the service of the community residential sanction, the | 1616 |
OVI term of confinement, or the combination of the OVI term of | 1617 |
confinement and the confinement for the violation of section | 1618 |
4510.14 of the Revised Code or the municipal OVI ordinance in the | 1619 |
center shall be considered a violation of a condition of the | 1620 |
community residential sanction or the OVI term of confinement. If | 1621 |
the administrator reports the violation to the probation | 1622 |
department or probation officer, the department or officer shall | 1623 |
report the violation to the court. Upon its receipt under this | 1624 |
division of a report of a violation or failure to complete the | 1625 |
sanction by a person sentenced to the center under a community | 1626 |
residential sanction, the court may proceed as specified in | 1627 |
division (C)(2) of section 2929.25 of the Revised Code based on | 1628 |
the violation or as provided by ordinance of the municipal | 1629 |
corporation based on the violation, whichever is applicable. Upon | 1630 |
its receipt under this division of a report of a violation or | 1631 |
failure to complete the term by a person sentenced to the center | 1632 |
under an OVI term of confinement, the court shall determine the | 1633 |
place at which the offender is to serve the remainder of the term | 1634 |
of confinement. The eligible offender shall receive credit towards | 1635 |
completing the eligible offender's sentence for the time spent in | 1636 |
the center after admission to it. | 1637 |
Sec. 2151.356. (A) The records of a case in which a person | 1638 |
was adjudicated a delinquent child for committing a violation of | 1639 |
section 2903.01, 2903.02, or 2907.02 | 1640 |
Revised Code shall not be sealed under this section. | 1641 |
(B)(1) The juvenile court shall promptly order the immediate | 1642 |
sealing of records pertaining to a juvenile in any of the | 1643 |
following circumstances: | 1644 |
(a) If the court receives a record from a public office or | 1645 |
agency under division (B)(2) of this section; | 1646 |
(b) If a person was brought before or referred to the court | 1647 |
for allegedly committing a delinquent or unruly act and the case | 1648 |
was resolved without the filing of a complaint against the person | 1649 |
with respect to that act pursuant to section 2151.27 of the | 1650 |
Revised Code; | 1651 |
(c) If a person was charged with violating division (E)(1) of | 1652 |
section 4301.69 of the Revised Code and the person has | 1653 |
successfully completed a diversion program under division | 1654 |
(E)(2)(a) of section 4301.69 of the Revised Code with respect to | 1655 |
that charge; | 1656 |
(d) If a complaint was filed against a person alleging that | 1657 |
the person was a delinquent child, an unruly child, or a juvenile | 1658 |
traffic offender and the court dismisses the complaint after a | 1659 |
trial on the merits of the case or finds the person not to be a | 1660 |
delinquent child, an unruly child, or a juvenile traffic offender; | 1661 |
(e) Notwithstanding division (C) of this section and subject | 1662 |
to section 2151.358 of the Revised Code, if a person has been | 1663 |
adjudicated an unruly child, that person has attained eighteen | 1664 |
years of age, and the person is not under the jurisdiction of the | 1665 |
court in relation to a complaint alleging the person to be a | 1666 |
delinquent child. | 1667 |
(2) The appropriate public office or agency shall immediately | 1668 |
deliver all original records at that public office or agency | 1669 |
pertaining to a juvenile to the court, if the person was arrested | 1670 |
or taken into custody for allegedly committing a delinquent or | 1671 |
unruly act, no complaint was filed against the person with respect | 1672 |
to the commission of the act pursuant to section 2151.27 of the | 1673 |
Revised Code, and the person was not brought before or referred to | 1674 |
the court for the commission of the act. The records delivered to | 1675 |
the court as required under this division shall not include | 1676 |
fingerprints, DNA specimens, and DNA records described under | 1677 |
division (A)(3) of section 2151.357 of the Revised Code. | 1678 |
(C)(1) The juvenile court shall consider the sealing of | 1679 |
records pertaining to a juvenile upon the court's own motion or | 1680 |
upon the application of a person if the person has been | 1681 |
adjudicated a delinquent child for committing an act other than a | 1682 |
violation of section 2903.01, 2903.02, or 2907.02 | 1683 |
1684 | |
traffic offender and if, at the time of the motion or application, | 1685 |
the person is not under the jurisdiction of the court in relation | 1686 |
to a complaint alleging the person to be a delinquent child. The | 1687 |
court shall not require a fee for the filing of the application. | 1688 |
The motion or application may be made at any time after | 1689 |
1690 | |
occur: | 1691 |
(a) The termination of any order made by the court in | 1692 |
relation to the adjudication; | 1693 |
(b) The unconditional discharge of the person from the | 1694 |
department of youth services with respect to a dispositional order | 1695 |
made in relation to the adjudication or from an institution or | 1696 |
facility to which the person was committed pursuant to a | 1697 |
dispositional order made in relation to the adjudication; | 1698 |
(c) The court enters an order under section 2152.84 or | 1699 |
2152.85 of the Revised Code that contains a determination that the | 1700 |
child is no longer a juvenile offender registrant. | 1701 |
(2) In making the determination whether to seal records | 1702 |
pursuant to division (C)(1) of this section, all of the following | 1703 |
apply: | 1704 |
(a) The court may require a person filing an application | 1705 |
under division (C)(1) of this section to submit any relevant | 1706 |
documentation to support the application. | 1707 |
(b) The court may cause an investigation to be made to | 1708 |
determine if the person who is the subject of the proceedings has | 1709 |
been rehabilitated to a satisfactory degree. | 1710 |
(c) The court shall promptly notify the prosecuting attorney | 1711 |
of any proceedings to seal records initiated pursuant to division | 1712 |
(C)(1) of this section. | 1713 |
(d)(i) The prosecuting attorney may file a response with the | 1714 |
court within thirty days of receiving notice of the sealing | 1715 |
proceedings. | 1716 |
(ii) If the prosecuting attorney does not file a response | 1717 |
with the court or if the prosecuting attorney files a response but | 1718 |
indicates that the prosecuting attorney does not object to the | 1719 |
sealing of the records, the court may order the records of the | 1720 |
person that are under consideration to be sealed without | 1721 |
conducting a hearing on the motion or application. If the court | 1722 |
decides in its discretion to conduct a hearing on the motion or | 1723 |
application, the court shall conduct the hearing within thirty | 1724 |
days after making that decision and shall give notice, by regular | 1725 |
mail, of the date, time, and location of the hearing to the | 1726 |
prosecuting attorney and to the person who is the subject of the | 1727 |
records under consideration. | 1728 |
(iii) If the prosecuting attorney files a response with the | 1729 |
court that indicates that the prosecuting attorney objects to the | 1730 |
sealing of the records, the court shall conduct a hearing on the | 1731 |
motion or application within thirty days after the court receives | 1732 |
the response. The court shall give notice, by regular mail, of the | 1733 |
date, time, and location of the hearing to the prosecuting | 1734 |
attorney and to the person who is the subject of the records under | 1735 |
consideration. | 1736 |
(e) After conducting a hearing in accordance with division | 1737 |
(C)(2)(d) of this section or after due consideration when a | 1738 |
hearing is not conducted, except as provided in division (B)(1)(c) | 1739 |
of this section, the court may order the records of the person | 1740 |
that are the subject of the motion or application to be sealed if | 1741 |
it finds that the person has been rehabilitated to a satisfactory | 1742 |
degree. In determining whether the person has been rehabilitated | 1743 |
to a satisfactory degree, the court may consider all of the | 1744 |
following: | 1745 |
(i) The age of the person; | 1746 |
(ii) The nature of the case; | 1747 |
(iii) The cessation or continuation of delinquent, unruly, or | 1748 |
criminal behavior; | 1749 |
(iv) The education and employment history of the person; | 1750 |
(v) The granting of a new tier classification or | 1751 |
declassification from the juvenile offender registry pursuant to | 1752 |
section 2152.85 of the Revised Code, except for public | 1753 |
registry-qualified juvenile offender registrants; | 1754 |
(vi) Any other circumstances that may relate to the | 1755 |
rehabilitation of the person who is the subject of the records | 1756 |
under consideration. | 1757 |
(D)(1)(a) The juvenile court shall provide verbal notice to a | 1758 |
person whose records are sealed under division (B) of this | 1759 |
section, if that person is present in the court at the time the | 1760 |
court issues a sealing order, that explains what sealing a record | 1761 |
means, states that the person may apply to have those records | 1762 |
expunged under section 2151.358 of the Revised Code, and explains | 1763 |
what expunging a record means. | 1764 |
(b) The juvenile court shall provide written notice to a | 1765 |
person whose records are sealed under division (B) of this section | 1766 |
by regular mail to the person's last known address, if that person | 1767 |
is not present in the court at the time the court issues a sealing | 1768 |
order and if the court does not seal the person's record upon the | 1769 |
court's own motion, that explains what sealing a record means, | 1770 |
states that the person may apply to have those records expunged | 1771 |
under section 2151.358 of the Revised Code, and explains what | 1772 |
expunging a record means. | 1773 |
(2) Upon final disposition of a case in which a person has | 1774 |
been adjudicated a delinquent child for committing an act other | 1775 |
than a violation of section 2903.01, 2903.02, or 2907.02 | 1776 |
1777 | |
traffic offender, the juvenile court shall provide written notice | 1778 |
to the person that does all of the following: | 1779 |
(a) States that the person may apply to the court for an | 1780 |
order to seal the record; | 1781 |
(b) Explains what sealing a record means; | 1782 |
(c) States that the person may apply to the court for an | 1783 |
order to expunge the record under section 2151.358 of the Revised | 1784 |
Code; | 1785 |
(d) Explains what expunging a record means. | 1786 |
(3) The department of youth services and any other | 1787 |
institution or facility that unconditionally discharges a person | 1788 |
who has been adjudicated a delinquent child, an unruly child, or a | 1789 |
juvenile traffic offender shall immediately give notice of the | 1790 |
discharge to the court that committed the person. The court shall | 1791 |
note the date of discharge on a separate record of discharges of | 1792 |
those natures. | 1793 |
Sec. 2152.02. As used in this chapter: | 1794 |
(A) "Act charged" means the act that is identified in a | 1795 |
complaint, indictment, or information alleging that a child is a | 1796 |
delinquent child. | 1797 |
(B) "Admitted to a department of youth services facility" | 1798 |
includes admission to a facility operated, or contracted for, by | 1799 |
the department and admission to a comparable facility outside this | 1800 |
state by another state or the United States. | 1801 |
(C)(1) "Child" means a person who is under eighteen years of | 1802 |
age, except as otherwise provided in divisions (C)(2) to | 1803 |
this section. | 1804 |
(2) Subject to division (C)(3) of this section, any person | 1805 |
who violates a federal or state law or a municipal ordinance prior | 1806 |
to attaining eighteen years of age shall be deemed a "child" | 1807 |
irrespective of that person's age at the time the complaint with | 1808 |
respect to that violation is filed or the hearing on the complaint | 1809 |
is held. | 1810 |
(3) Any person who, while under eighteen years of age, | 1811 |
commits an act that would be a felony if committed by an adult and | 1812 |
who is not taken into custody or apprehended for that act until | 1813 |
after the person attains twenty-one years of age is not a child in | 1814 |
relation to that act. | 1815 |
(4) Except as otherwise provided in | 1816 |
and (7) of this section, any person whose case is transferred for | 1817 |
criminal prosecution pursuant to section 2152.12 of the Revised | 1818 |
Code shall be deemed after the transfer not to be a child in the | 1819 |
transferred case. | 1820 |
(5) Any person whose case is transferred for criminal | 1821 |
prosecution pursuant to section 2152.12 of the Revised Code and | 1822 |
who subsequently is convicted of or pleads guilty to a felony in | 1823 |
that case, unless a serious youthful offender dispositional | 1824 |
sentence is imposed on the child for that offense under division | 1825 |
(B)(2) or (3) of section 2152.121 of the Revised Code and the | 1826 |
adult portion of that sentence is not invoked pursuant to section | 1827 |
2152.14 of the Revised Code, and any person who is adjudicated a | 1828 |
delinquent child for the commission of an act, who has a serious | 1829 |
youthful offender dispositional sentence imposed for the act | 1830 |
pursuant to section 2152.13 of the Revised Code, and whose adult | 1831 |
portion of the dispositional sentence is invoked pursuant to | 1832 |
section 2152.14 of the Revised Code, shall be deemed after the | 1833 |
1834 | |
case in which a complaint is filed against the person. | 1835 |
(6) The juvenile court has jurisdiction over a person who is | 1836 |
adjudicated a delinquent child or juvenile traffic offender prior | 1837 |
to attaining eighteen years of age until the person attains | 1838 |
twenty-one years of age, and, for purposes of that jurisdiction | 1839 |
related to that adjudication, except as otherwise provided in this | 1840 |
division, a person who is so adjudicated a delinquent child or | 1841 |
juvenile traffic offender shall be deemed a "child" until the | 1842 |
person attains twenty-one years of age. If a person is so | 1843 |
adjudicated a delinquent child or juvenile traffic offender and | 1844 |
the court makes a disposition of the person under this chapter, at | 1845 |
any time after the person attains | 1846 |
age, the places at which the person may be held under that | 1847 |
disposition are not limited to places authorized under this | 1848 |
chapter solely for confinement of children, and the person may be | 1849 |
confined under that disposition, in accordance with division | 1850 |
(F)(2) of section 2152.26 of the Revised Code, in places other | 1851 |
than those authorized under this chapter solely for confinement of | 1852 |
children. | 1853 |
(7) The juvenile court has jurisdiction over any person whose | 1854 |
case is transferred for criminal prosecution solely for the | 1855 |
purpose of detaining the person as authorized in division (F)(1) | 1856 |
or (4) of section 2152.26 of the Revised Code unless the person is | 1857 |
convicted of or pleads guilty to a felony in the adult court. | 1858 |
(8) Any person who, while eighteen years of age, violates | 1859 |
division (A)(1) or (2) of section 2919.27 of the Revised Code by | 1860 |
violating a protection order issued or consent agreement approved | 1861 |
under section 2151.34 or 3113.31 of the Revised Code shall be | 1862 |
considered a child for the purposes of that violation of section | 1863 |
2919.27 of the Revised Code. | 1864 |
(D) "Chronic truant" means any child of compulsory school age | 1865 |
who is absent without legitimate excuse for absence from the | 1866 |
public school the child is supposed to attend for seven or more | 1867 |
consecutive school days, ten or more school days in one school | 1868 |
month, or fifteen or more school days in a school year. | 1869 |
(E) "Community corrections facility," "public safety beds," | 1870 |
"release authority," and "supervised release" have the same | 1871 |
meanings as in section 5139.01 of the Revised Code. | 1872 |
(F) "Delinquent child" includes any of the following: | 1873 |
(1) Any child, except a juvenile traffic offender, who | 1874 |
violates any law of this state or the United States, or any | 1875 |
ordinance of a political subdivision of the state, that would be | 1876 |
an offense if committed by an adult; | 1877 |
(2) Any child who violates any lawful order of the court made | 1878 |
under this chapter or under Chapter 2151. of the Revised Code | 1879 |
other than an order issued under section 2151.87 of the Revised | 1880 |
Code; | 1881 |
(3) Any child who violates division (C) of section 2907.39, | 1882 |
division (A) of section 2923.211, or division (C)(1) or (D) of | 1883 |
section 2925.55 of the Revised Code; | 1884 |
(4) Any child who is a habitual truant and who previously has | 1885 |
been adjudicated an unruly child for being a habitual truant; | 1886 |
(5) Any child who is a chronic truant. | 1887 |
(G) "Discretionary serious youthful offender" means a person | 1888 |
who is eligible for a discretionary SYO and who is not transferred | 1889 |
to adult court under a mandatory or discretionary transfer. | 1890 |
(H) "Discretionary SYO" means a case in which the juvenile | 1891 |
court, in the juvenile court's discretion, may impose a serious | 1892 |
youthful offender disposition under section 2152.13 of the Revised | 1893 |
Code. | 1894 |
(I) "Discretionary transfer" means that the juvenile court | 1895 |
has discretion to transfer a case for criminal prosecution under | 1896 |
division (B) of section 2152.12 of the Revised Code. | 1897 |
(J) "Drug abuse offense," "felony drug abuse offense," and | 1898 |
"minor drug possession offense" have the same meanings as in | 1899 |
section 2925.01 of the Revised Code. | 1900 |
(K) "Electronic monitoring" and "electronic monitoring | 1901 |
device" have the same meanings as in section 2929.01 of the | 1902 |
Revised Code. | 1903 |
(L) "Economic loss" means any economic detriment suffered by | 1904 |
a victim of a delinquent act or juvenile traffic offense as a | 1905 |
direct and proximate result of the delinquent act or juvenile | 1906 |
traffic offense and includes any loss of income due to lost time | 1907 |
at work because of any injury caused to the victim and any | 1908 |
property loss, medical cost, or funeral expense incurred as a | 1909 |
result of the delinquent act or juvenile traffic offense. | 1910 |
"Economic loss" does not include non-economic loss or any punitive | 1911 |
or exemplary damages. | 1912 |
(M) "Firearm" has the same meaning as in section 2923.11 of | 1913 |
the Revised Code. | 1914 |
(N) "Juvenile traffic offender" means any child who violates | 1915 |
any traffic law, traffic ordinance, or traffic regulation of this | 1916 |
state, the United States, or any political subdivision of this | 1917 |
state, other than a resolution, ordinance, or regulation of a | 1918 |
political subdivision of this state the violation of which is | 1919 |
required to be handled by a parking violations bureau or a joint | 1920 |
parking violations bureau pursuant to Chapter 4521. of the Revised | 1921 |
Code. | 1922 |
(O) A "legitimate excuse for absence from the public school | 1923 |
the child is supposed to attend" has the same meaning as in | 1924 |
section 2151.011 of the Revised Code. | 1925 |
(P) "Mandatory serious youthful offender" means a person who | 1926 |
is eligible for a mandatory SYO and who is not transferred to | 1927 |
adult court under a mandatory or discretionary transfer and also | 1928 |
includes, for purposes of imposition of a mandatory serious | 1929 |
youthful dispositional sentence under section 2152.13 of the | 1930 |
Revised Code, a person upon whom a juvenile court is required to | 1931 |
impose such a sentence under division (B)(3) of section 2152.121 | 1932 |
of the Revised Code. | 1933 |
(Q) "Mandatory SYO" means a case in which the juvenile court | 1934 |
is required to impose a mandatory serious youthful offender | 1935 |
disposition under section 2152.13 of the Revised Code. | 1936 |
(R) "Mandatory transfer" means that a case is required to be | 1937 |
transferred for criminal prosecution under division (A) of section | 1938 |
2152.12 of the Revised Code. | 1939 |
(S) "Mental illness" has the same meaning as in section | 1940 |
5122.01 of the Revised Code. | 1941 |
(T) "Mentally retarded person" has the same meaning as in | 1942 |
section 5123.01 of the Revised Code. | 1943 |
(U) "Monitored time" and "repeat violent offender" have the | 1944 |
same meanings as in section 2929.01 of the Revised Code. | 1945 |
(V) "Of compulsory school age" has the same meaning as in | 1946 |
section 3321.01 of the Revised Code. | 1947 |
(W) "Public record" has the same meaning as in section 149.43 | 1948 |
of the Revised Code. | 1949 |
(X) "Serious youthful offender" means a person who is | 1950 |
eligible for a mandatory SYO or discretionary SYO but who is not | 1951 |
transferred to adult court under a mandatory or discretionary | 1952 |
transfer and also includes, for purposes of imposition of a | 1953 |
mandatory serious youthful dispositional sentence under section | 1954 |
2152.13 of the Revised Code, a person upon whom a juvenile court | 1955 |
is required to impose such a sentence under division (B)(3) of | 1956 |
section 2152.121 of the Revised Code. | 1957 |
(Y) "Sexually oriented offense," "juvenile offender | 1958 |
registrant," "child-victim oriented offense," "tier I sex | 1959 |
offender/child-victim offender," "tier II sex | 1960 |
offender/child-victim offender," "tier III sex | 1961 |
offender/child-victim offender," and "public registry-qualified | 1962 |
juvenile offender registrant" have the same meanings as in section | 1963 |
2950.01 of the Revised Code. | 1964 |
(Z) "Traditional juvenile" means a case that is not | 1965 |
transferred to adult court under a mandatory or discretionary | 1966 |
transfer, that is eligible for a disposition under sections | 1967 |
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and | 1968 |
that is not eligible for a disposition under section 2152.13 of | 1969 |
the Revised Code. | 1970 |
(AA) "Transfer" means the transfer for criminal prosecution | 1971 |
of a case involving the alleged commission by a child of an act | 1972 |
that would be an offense if committed by an adult from the | 1973 |
juvenile court to the appropriate court that has jurisdiction of | 1974 |
the offense. | 1975 |
(BB) "Category one offense" means any of the following: | 1976 |
(1) A violation of section 2903.01 or 2903.02 of the Revised | 1977 |
Code; | 1978 |
(2) A violation of section 2923.02 of the Revised Code | 1979 |
involving an attempt to commit aggravated murder or murder. | 1980 |
(CC) "Category two offense" means any of the following: | 1981 |
(1) A violation of section 2903.03, 2905.01, 2907.02, | 1982 |
2909.02, 2911.01, or 2911.11 of the Revised Code; | 1983 |
(2) A violation of section 2903.04 of the Revised Code that | 1984 |
is a felony of the first degree; | 1985 |
(3) A violation of section 2907.12 of the Revised Code as it | 1986 |
existed prior to September 3, 1996. | 1987 |
(DD) "Non-economic loss" means nonpecuniary harm suffered by | 1988 |
a victim of a delinquent act or juvenile traffic offense as a | 1989 |
result of or related to the delinquent act or juvenile traffic | 1990 |
offense, including, but not limited to, pain and suffering; loss | 1991 |
of society, consortium, companionship, care, assistance, | 1992 |
attention, protection, advice, guidance, counsel, instruction, | 1993 |
training, or education; mental anguish; and any other intangible | 1994 |
loss. | 1995 |
Sec. 2152.12. (A)(1)(a) After a complaint has been filed | 1996 |
alleging that a child is a delinquent child for committing an act | 1997 |
that would be aggravated murder, murder, attempted aggravated | 1998 |
murder, or attempted murder if committed by an adult, the juvenile | 1999 |
court at a hearing shall transfer the case if either of the | 2000 |
following applies: | 2001 |
(i) The child was sixteen or seventeen years of age at the | 2002 |
time of the act charged and there is probable cause to believe | 2003 |
that the child committed the act charged. | 2004 |
(ii) The child was fourteen or fifteen years of age at the | 2005 |
time of the act charged, section 2152.10 of the Revised Code | 2006 |
provides that the child is eligible for mandatory transfer, and | 2007 |
there is probable cause to believe that the child committed the | 2008 |
act charged. | 2009 |
(b) After a complaint has been filed alleging that a child is | 2010 |
a delinquent child by reason of committing a category two offense, | 2011 |
the juvenile court at a hearing shall transfer the case if the | 2012 |
child was sixteen or seventeen years of age at the time of the act | 2013 |
charged and either of the following applies: | 2014 |
(i) Division (A)(2)(a) of section 2152.10 of the Revised Code | 2015 |
requires the mandatory transfer of the case, and there is probable | 2016 |
cause to believe that the child committed the act charged. | 2017 |
(ii) Division (A)(2)(b) of section 2152.10 of the Revised | 2018 |
Code requires the mandatory transfer of the case, and there is | 2019 |
probable cause to believe that the child committed the act | 2020 |
charged. | 2021 |
(2) The juvenile court also shall transfer a case in the | 2022 |
circumstances described in division (C)(5) of section 2152.02 of | 2023 |
the Revised Code or if either of the following applies: | 2024 |
(a) A complaint is filed against a child who is eligible for | 2025 |
a discretionary transfer under section 2152.10 of the Revised Code | 2026 |
and who previously was convicted of or pleaded guilty to a felony | 2027 |
in a case that was transferred to a criminal court. | 2028 |
(b) A complaint is filed against a child who is domiciled in | 2029 |
another state alleging that the child is a delinquent child for | 2030 |
committing an act that would be a felony if committed by an adult, | 2031 |
and, if the act charged had been committed in that other state, | 2032 |
the child would be subject to criminal prosecution as an adult | 2033 |
under the law of that other state without the need for a transfer | 2034 |
of jurisdiction from a juvenile, family, or similar noncriminal | 2035 |
court to a criminal court. | 2036 |
(3) If a complaint is filed against a child alleging that the | 2037 |
child is a delinquent child and the case is transferred pursuant | 2038 |
to division (A)(1)(a)(i) or (A)(1)(b)(ii) of this section and if | 2039 |
the child subsequently is convicted of or pleads guilty to an | 2040 |
offense in that case, the sentence to be imposed or disposition to | 2041 |
be made of the child shall be determined in accordance with | 2042 |
section 2152.121 of the Revised Code. | 2043 |
(B) Except as provided in division (A) of this section, after | 2044 |
a complaint has been filed alleging that a child is a delinquent | 2045 |
child for committing an act that would be a felony if committed by | 2046 |
an adult, the juvenile court at a hearing may transfer the case if | 2047 |
the court finds all of the following: | 2048 |
(1) The child was fourteen years of age or older at the time | 2049 |
of the act charged. | 2050 |
(2) There is probable cause to believe that the child | 2051 |
committed the act charged. | 2052 |
(3) The child is not amenable to care or rehabilitation | 2053 |
within the juvenile system, and the safety of the community may | 2054 |
require that the child be subject to adult sanctions. In making | 2055 |
its decision under this division, the court shall consider whether | 2056 |
the applicable factors under division (D) of this section | 2057 |
indicating that the case should be transferred outweigh the | 2058 |
applicable factors under division (E) of this section indicating | 2059 |
that the case should not be transferred. The record shall indicate | 2060 |
the specific factors that were applicable and that the court | 2061 |
weighed. | 2062 |
(C) Before considering a transfer under division (B) of this | 2063 |
section, the juvenile court shall order an investigation into the | 2064 |
child's social history, education, family situation, and any other | 2065 |
factor bearing on whether the child is amenable to juvenile | 2066 |
rehabilitation, including a mental examination of the child by a | 2067 |
public or private agency or a person qualified to make the | 2068 |
examination. The investigation shall be completed and a report on | 2069 |
the investigation shall be submitted to the court as soon as | 2070 |
possible but not more than forty-five calendar days after the | 2071 |
court orders the investigation. The court may grant one or more | 2072 |
extensions for a reasonable length of time. The child may waive | 2073 |
the examination required by this division if the court finds that | 2074 |
the waiver is competently and intelligently made. Refusal to | 2075 |
submit to a mental examination by the child constitutes a waiver | 2076 |
of the examination. | 2077 |
(D) In considering whether to transfer a child under division | 2078 |
(B) of this section, the juvenile court shall consider the | 2079 |
following relevant factors, and any other relevant factors, in | 2080 |
favor of a transfer under that division: | 2081 |
(1) The victim of the act charged suffered physical or | 2082 |
psychological harm, or serious economic harm, as a result of the | 2083 |
alleged act. | 2084 |
(2) The physical or psychological harm suffered by the victim | 2085 |
due to the alleged act of the child was exacerbated because of the | 2086 |
physical or psychological vulnerability or the age of the victim. | 2087 |
(3) The child's relationship with the victim facilitated the | 2088 |
act charged. | 2089 |
(4) The child allegedly committed the act charged for hire or | 2090 |
as a part of a gang or other organized criminal activity. | 2091 |
(5) The child had a firearm on or about the child's person or | 2092 |
under the child's control at the time of the act charged, the act | 2093 |
charged is not a violation of section 2923.12 of the Revised Code, | 2094 |
and the child, during the commission of the act charged, allegedly | 2095 |
used or displayed the firearm, brandished the firearm, or | 2096 |
indicated that the child possessed a firearm. | 2097 |
(6) At the time of the act charged, the child was awaiting | 2098 |
adjudication or disposition as a delinquent child, was under a | 2099 |
community control sanction, or was on parole for a prior | 2100 |
delinquent child adjudication or conviction. | 2101 |
(7) The results of any previous juvenile sanctions and | 2102 |
programs indicate that rehabilitation of the child will not occur | 2103 |
in the juvenile system. | 2104 |
(8) The child is emotionally, physically, or psychologically | 2105 |
mature enough for the transfer. | 2106 |
(9) There is not sufficient time to rehabilitate the child | 2107 |
within the juvenile system. | 2108 |
(E) In considering whether to transfer a child under division | 2109 |
(B) of this section, the juvenile court shall consider the | 2110 |
following relevant factors, and any other relevant factors, | 2111 |
against a transfer under that division: | 2112 |
(1) The victim induced or facilitated the act charged. | 2113 |
(2) The child acted under provocation in allegedly committing | 2114 |
the act charged. | 2115 |
(3) The child was not the principal actor in the act charged, | 2116 |
or, at the time of the act charged, the child was under the | 2117 |
negative influence or coercion of another person. | 2118 |
(4) The child did not cause physical harm to any person or | 2119 |
property, or have reasonable cause to believe that harm of that | 2120 |
nature would occur, in allegedly committing the act charged. | 2121 |
(5) The child previously has not been adjudicated a | 2122 |
delinquent child. | 2123 |
(6) The child is not emotionally, physically, or | 2124 |
psychologically mature enough for the transfer. | 2125 |
(7) The child has a mental illness or is a mentally retarded | 2126 |
person. | 2127 |
(8) There is sufficient time to rehabilitate the child within | 2128 |
the juvenile system and the level of security available in the | 2129 |
juvenile system provides a reasonable assurance of public safety. | 2130 |
(F) If one or more complaints are filed alleging that a child | 2131 |
is a delinquent child for committing two or more acts that would | 2132 |
be offenses if committed by an adult, if a motion is made alleging | 2133 |
that division (A) of this section applies and requires that the | 2134 |
case or cases involving one or more of the acts charged be | 2135 |
transferred for, and if a motion also is made requesting that the | 2136 |
case or cases involving one or more of the acts charged be | 2137 |
transferred pursuant to division (B) of this section, the juvenile | 2138 |
court, in deciding the motions, shall proceed in the following | 2139 |
manner: | 2140 |
(1) Initially, the court shall decide the motion alleging | 2141 |
that division (A) of this section applies and requires that the | 2142 |
case or cases involving one or more of the acts charged be | 2143 |
transferred. | 2144 |
(2) If the court determines that division (A) of this section | 2145 |
applies and requires that the case or cases involving one or more | 2146 |
of the acts charged be transferred, the court shall transfer the | 2147 |
case or cases in accordance with that division. After the transfer | 2148 |
pursuant to division (A) of this section, the court shall decide, | 2149 |
in accordance with division (B) of this section, whether to grant | 2150 |
the motion requesting that the case or cases involving one or more | 2151 |
of the acts charged be transferred pursuant to that division. | 2152 |
Notwithstanding division (B) of this section, prior to | 2153 |
transferring a case pursuant to division (A) of this section, the | 2154 |
court is not required to consider any factor specified in division | 2155 |
(D) or (E) of this section or to conduct an investigation under | 2156 |
division (C) of this section. | 2157 |
(3) If the court determines that division (A) of this section | 2158 |
does not require that the case or cases involving one or more of | 2159 |
the acts charged be transferred, the court shall decide in | 2160 |
accordance with division (B) of this section whether to grant the | 2161 |
motion requesting that the case or cases involving one or more of | 2162 |
the acts charged be transferred pursuant to that division. | 2163 |
(4) No report on an investigation conducted pursuant to | 2164 |
division (C) of this section shall include details of the alleged | 2165 |
offense as reported by the child. | 2166 |
(G) The court shall give notice in writing of the time, | 2167 |
place, and purpose of any hearing held pursuant to division (A) or | 2168 |
(B) of this section to the child's parents, guardian, or other | 2169 |
custodian and to the child's counsel at least three days prior to | 2170 |
the hearing. | 2171 |
(H) No person, either before or after reaching eighteen years | 2172 |
of age, shall be prosecuted as an adult for an offense committed | 2173 |
prior to becoming eighteen years of age, unless the person has | 2174 |
been transferred as provided in division (A) or (B) of this | 2175 |
section or unless division (J) of this section applies. Any | 2176 |
prosecution that is had in a criminal court on the mistaken belief | 2177 |
that the person who is the subject of the case was eighteen years | 2178 |
of age or older at the time of the commission of the offense shall | 2179 |
be deemed a nullity, and the person shall not be considered to | 2180 |
have been in jeopardy on the offense. | 2181 |
(I) Upon the transfer of a case under division (A) or (B) of | 2182 |
this section, the juvenile court shall state the reasons for the | 2183 |
transfer on the record, and shall order the child to enter into a | 2184 |
recognizance with good and sufficient surety for the child's | 2185 |
appearance before the appropriate court for any disposition that | 2186 |
the court is authorized to make for a similar act committed by an | 2187 |
adult. The transfer abates the jurisdiction of the juvenile court | 2188 |
with respect to the delinquent acts alleged in the complaint, and, | 2189 |
upon the transfer, all further proceedings pertaining to the act | 2190 |
charged shall be discontinued in the juvenile court, and the case | 2191 |
then shall be within the jurisdiction of the court to which it is | 2192 |
transferred as described in division (H) of section 2151.23 of the | 2193 |
Revised Code. | 2194 |
(J) If a person under eighteen years of age allegedly commits | 2195 |
an act that would be a felony if committed by an adult and if the | 2196 |
person is not taken into custody or apprehended for that act until | 2197 |
after the person attains twenty-one years of age, the juvenile | 2198 |
court does not have jurisdiction to hear or determine any portion | 2199 |
of the case charging the person with committing that act. In those | 2200 |
circumstances, divisions (A) and (B) of this section do not apply | 2201 |
regarding the act, and the case charging the person with | 2202 |
committing the act shall be a criminal prosecution commenced and | 2203 |
heard in the appropriate court having jurisdiction of the offense | 2204 |
as if the person had been eighteen years of age or older when the | 2205 |
person committed the act. All proceedings pertaining to the act | 2206 |
shall be within the jurisdiction of the court having jurisdiction | 2207 |
of the offense, and that court has all the authority and duties in | 2208 |
the case as it has in other criminal cases in that court. | 2209 |
Sec. 2152.121. (A) If a complaint is filed against a child | 2210 |
alleging that the child is a delinquent child and the case is | 2211 |
transferred pursuant to division (A)(1)(a)(i) or (A)(1)(b)(ii) of | 2212 |
section 2152.12 of the Revised Code, the juvenile court that | 2213 |
transferred the case shall retain jurisdiction for purposes of | 2214 |
making disposition of the child when required under division (B) | 2215 |
of this section. | 2216 |
(B) If a complaint is filed against a child alleging that the | 2217 |
child is a delinquent child, if the case is transferred pursuant | 2218 |
to division (A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of | 2219 |
the Revised Code, and if the child subsequently is convicted of or | 2220 |
pleads guilty to an offense in that case, the sentence to be | 2221 |
imposed or disposition to be made of the child shall be determined | 2222 |
as follows: | 2223 |
(1) The court in which the child is convicted of or pleads | 2224 |
guilty to the offense shall determine whether, had a complaint | 2225 |
been filed in juvenile court alleging that the child was a | 2226 |
delinquent child for committing an act that would be that offense | 2227 |
if committed by an adult, division (A) of section 2152.12 of the | 2228 |
Revised Code would have required mandatory transfer of the case or | 2229 |
division (B) of that section would have allowed discretionary | 2230 |
transfer of the case. The court shall not consider the factor | 2231 |
specified in division (B)(3) of section 2152.12 of the Revised | 2232 |
Code in making its determination under this division. | 2233 |
(2) If the court in which the child is convicted of or pleads | 2234 |
guilty to the offense determines under division (B)(1) of this | 2235 |
section that, had a complaint been filed in juvenile court | 2236 |
alleging that the child was a delinquent child for committing an | 2237 |
act that would be that offense if committed by an adult, division | 2238 |
(A) of section 2152.12 of the Revised Code would not have required | 2239 |
mandatory transfer of the case, and division (B) of that section | 2240 |
would not have allowed discretionary transfer of the case, the | 2241 |
court shall transfer jurisdiction of the case back to the juvenile | 2242 |
court that initially transferred the case, the court and all other | 2243 |
agencies that have any record of the conviction of the child or | 2244 |
the child's guilty plea shall expunge the conviction or guilty | 2245 |
plea and all records of it, the conviction or guilty plea shall be | 2246 |
considered and treated for all purposes other than as provided in | 2247 |
this section to have never occurred, the conviction or guilty plea | 2248 |
shall be considered and treated for all purposes other than as | 2249 |
provided in this section to have been a delinquent child | 2250 |
adjudication of the child, and the juvenile court shall impose one | 2251 |
or more traditional juvenile dispositions upon the child under | 2252 |
sections 2152.19 and 2152.20 of the Revised Code. | 2253 |
(3) If the court in which the child is convicted of or pleads | 2254 |
guilty to the offense determines under division (B)(1) of this | 2255 |
section that, had a complaint been filed in juvenile court | 2256 |
alleging that the child was a delinquent child for committing an | 2257 |
act that would be that offense if committed by an adult, division | 2258 |
(A) of section 2152.12 of the Revised Code would not have required | 2259 |
mandatory transfer of the case but division (B) of that section | 2260 |
would have allowed discretionary transfer of the case, the court | 2261 |
shall determine the sentence it believes should be imposed upon | 2262 |
the child under Chapter 2929. of the Revised Code, shall impose | 2263 |
that sentence upon the child, and shall stay that sentence pending | 2264 |
completion of the procedures specified in this division. Upon | 2265 |
imposition and staying of the sentence, the court shall transfer | 2266 |
jurisdiction of the case back to the juvenile court that initially | 2267 |
transferred the case and the juvenile court shall proceed in | 2268 |
accordance with this division. In no case may the child waive a | 2269 |
right to a hearing of the type described in division (B)(3)(b) of | 2270 |
this section, regarding a motion filed as described in that | 2271 |
division by the prosecuting attorney in the case. Upon transfer of | 2272 |
jurisdiction of the case back to the juvenile court, both of the | 2273 |
following apply: | 2274 |
(a) Except as otherwise provided in division (B)(3)(b) of | 2275 |
this section, the juvenile court shall impose a serious youthful | 2276 |
offender dispositional sentence upon the child under division | 2277 |
(D)(1) of section 2152.13 of the Revised Code. In imposing the | 2278 |
adult portion of that sentence, the juvenile court shall consider | 2279 |
and give preference to the sentence imposed upon the child by the | 2280 |
court in which the child was convicted of or pleaded guilty to the | 2281 |
offense. Upon imposing a serious youthful offender dispositional | 2282 |
sentence upon the child as described in this division, the | 2283 |
juvenile court shall notify the court in which the child was | 2284 |
convicted of or pleaded guilty to the offense, the sentence | 2285 |
imposed upon the child by that court shall terminate, the court | 2286 |
and all other agencies that have any record of the conviction of | 2287 |
the child or the child's guilty plea shall expunge the conviction | 2288 |
or guilty plea and all records of it, the conviction or guilty | 2289 |
plea shall be considered and treated for all purposes other than | 2290 |
as provided in this section to have never occurred, and the | 2291 |
conviction or guilty plea shall be considered and treated for all | 2292 |
purposes other than as provided in this section to have been a | 2293 |
delinquent child adjudication of the child. | 2294 |
(b) | 2295 |
entry regarding the transfer, the prosecuting attorney in the case | 2296 |
may file a motion in the juvenile court that objects to the | 2297 |
imposition of a serious youthful offender dispositional sentence | 2298 |
upon the child and requests that the sentence imposed upon the | 2299 |
child by the court in which the child was convicted of or pleaded | 2300 |
guilty to the offense be invoked. Upon the filing of a motion | 2301 |
under this division, the juvenile court shall hold a hearing to | 2302 |
determine whether the child is not amenable to care or | 2303 |
rehabilitation within the juvenile system and whether the safety | 2304 |
of the community may require that the child be subject solely to | 2305 |
adult sanctions. If the juvenile court at the hearing finds that | 2306 |
the child is not amenable to care or rehabilitation within the | 2307 |
juvenile system or that the safety of the community may require | 2308 |
that the child be subject solely to adult sanctions, the court | 2309 |
shall grant the motion. Absent such a finding, the juvenile court | 2310 |
shall deny the motion. In making its decision under this division, | 2311 |
the juvenile court shall consider the factors listed in division | 2312 |
(D) of section 2152.12 of the Revised Code as factors indicating | 2313 |
that the motion should be granted, shall consider the factors | 2314 |
listed in division (E) of that section as factors indicating that | 2315 |
the motion should not be granted, and shall consider whether the | 2316 |
applicable factors listed in division (D) of that section outweigh | 2317 |
the applicable factors listed in division (E) of that section. | 2318 |
If the juvenile court grants the motion of the prosecuting | 2319 |
attorney under this division, the juvenile court shall transfer | 2320 |
jurisdiction of the case back to the court in which the child was | 2321 |
convicted of or pleaded guilty to the offense, and the sentence | 2322 |
imposed by that court shall be invoked. If the juvenile court | 2323 |
denies the motion of the prosecuting attorney under this section, | 2324 |
the juvenile court shall impose a serious youthful offender | 2325 |
dispositional sentence upon the child in accordance with division | 2326 |
(B)(3)(a) of this section. | 2327 |
(4) If the court in which the child is convicted of or pleads | 2328 |
guilty to the offense determines under division (B)(1) of this | 2329 |
section that, had a complaint been filed in juvenile court | 2330 |
alleging that the child was a delinquent child for committing an | 2331 |
act that would be that offense if committed by an adult, division | 2332 |
(A) of section 2152.12 of the Revised Code would have required | 2333 |
mandatory transfer of the case, the court shall impose sentence | 2334 |
upon the child under Chapter 2929. of the Revised Code. | 2335 |
Sec. 2152.18. (A) When a juvenile court commits a delinquent | 2336 |
child to the custody of the department of youth services pursuant | 2337 |
to this chapter, the court shall not designate the specific | 2338 |
institution in which the department is to place the child but | 2339 |
instead shall specify that the child is to be institutionalized in | 2340 |
a secure facility. | 2341 |
(B) When a juvenile court commits a delinquent child to the | 2342 |
custody of the department of youth services pursuant to this | 2343 |
chapter, the court shall state in the order of commitment the | 2344 |
total number of days that the child has been | 2345 |
confined in connection with the delinquent child complaint upon | 2346 |
which the order of commitment is based. The court shall not | 2347 |
include days that the child has been under electronic monitoring | 2348 |
or house arrest or days that the child has been confined in a | 2349 |
halfway house. The department shall reduce the minimum period of | 2350 |
institutionalization that was ordered by both the total number of | 2351 |
days that the child has been so | 2352 |
stated by the court in the order of commitment and the total | 2353 |
number of any additional days that the child has been
| 2354 |
2355 | |
to the transfer of physical custody of the child to the | 2356 |
department. | 2357 |
(C)(1) When a juvenile court commits a delinquent child to | 2358 |
the custody of the department of youth services pursuant to this | 2359 |
chapter, the court shall provide the department with the child's | 2360 |
medical records, a copy of the report of any mental examination of | 2361 |
the child ordered by the court, the Revised Code section or | 2362 |
sections the child violated and the degree of each violation, the | 2363 |
warrant to convey the child to the department, a copy of the | 2364 |
court's journal entry ordering the commitment of the child to the | 2365 |
legal custody of the department, a copy of the arrest record | 2366 |
pertaining to the act for which the child was adjudicated a | 2367 |
delinquent child, a copy of any victim impact statement pertaining | 2368 |
to the act, and any other information concerning the child that | 2369 |
the department reasonably requests. The court also shall complete | 2370 |
the form for the standard predisposition investigation report that | 2371 |
the department furnishes pursuant to section 5139.04 of the | 2372 |
Revised Code and provide the department with the completed form. | 2373 |
The department may refuse to accept physical custody of a | 2374 |
delinquent child who is committed to the legal custody of the | 2375 |
department until the court provides to the department the | 2376 |
documents specified in this division. No officer or employee of | 2377 |
the department who refuses to accept physical custody of a | 2378 |
delinquent child who is committed to the legal custody of the | 2379 |
department shall be subject to prosecution or contempt of court | 2380 |
for the refusal if the court fails to provide the documents | 2381 |
specified in this division at the time the court transfers the | 2382 |
physical custody of the child to the department. | 2383 |
(2) Within twenty working days after the department of youth | 2384 |
services receives physical custody of a delinquent child from a | 2385 |
juvenile court, the court shall provide the department with a | 2386 |
certified copy of the child's birth certificate and the child's | 2387 |
social security number or, if the court made all reasonable | 2388 |
efforts to obtain the information but was unsuccessful, with | 2389 |
documentation of the efforts it made to obtain the information. | 2390 |
(3) If an officer is preparing pursuant to section 2947.06 or | 2391 |
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence | 2392 |
investigation report pertaining to a person, the department shall | 2393 |
make available to the officer, for use in preparing the report, | 2394 |
any records or reports it possesses regarding that person that it | 2395 |
received from a juvenile court pursuant to division (C)(1) of this | 2396 |
section or that pertain to the treatment of that person after the | 2397 |
person was committed to the custody of the department as a | 2398 |
delinquent child. | 2399 |
(D)(1) Within ten days after an adjudication that a child is | 2400 |
a delinquent child, the court shall give written notice of the | 2401 |
adjudication to the superintendent of a city, local, exempted | 2402 |
village, or joint vocational school district, and to the principal | 2403 |
of the school the child attends, if the basis of the adjudication | 2404 |
was the commission of an act that would be a criminal offense if | 2405 |
committed by an adult, if the act was committed by the delinquent | 2406 |
child when the child was fourteen years of age or older, and if | 2407 |
the act is any of the following: | 2408 |
(a) An act that would be a felony or an offense of violence | 2409 |
if committed by an adult, an act in the commission of which the | 2410 |
child used or brandished a firearm, or an act that is a violation | 2411 |
of section 2907.06, 2907.07, 2907.08, 2907.09, 2907.24, or | 2412 |
2907.241 of the Revised Code and that would be a misdemeanor if | 2413 |
committed by an adult; | 2414 |
(b) A violation of section 2923.12 of the Revised Code or of | 2415 |
a substantially similar municipal ordinance that would be a | 2416 |
misdemeanor if committed by an adult and that was committed on | 2417 |
property owned or controlled by, or at an activity held under the | 2418 |
auspices of, the board of education of that school district; | 2419 |
(c) A violation of division (A) of section 2925.03 or 2925.11 | 2420 |
of the Revised Code that would be a misdemeanor if committed by an | 2421 |
adult, that was committed on property owned or controlled by, or | 2422 |
at an activity held under the auspices of, the board of education | 2423 |
of that school district, and that is not a minor drug possession | 2424 |
offense; | 2425 |
(d) An act that would be a criminal offense if committed by | 2426 |
an adult and that results in serious physical harm to persons or | 2427 |
serious physical harm to property while the child is at school, on | 2428 |
any other property owned or controlled by the board, or at an | 2429 |
interscholastic competition, an extracurricular event, or any | 2430 |
other school program or activity; | 2431 |
(e) Complicity in any violation described in division | 2432 |
(D)(1)(a), (b), (c), or (d) of this section that was alleged to | 2433 |
have been committed in the manner described in division (D)(1)(a), | 2434 |
(b), (c), or (d) of this section, regardless of whether the act of | 2435 |
complicity was committed on property owned or controlled by, or at | 2436 |
an activity held under the auspices of, the board of education of | 2437 |
that school district. | 2438 |
(2) The notice given pursuant to division (D)(1) of this | 2439 |
section shall include the name of the child who was adjudicated to | 2440 |
be a delinquent child, the child's age at the time the child | 2441 |
committed the act that was the basis of the adjudication, and | 2442 |
identification of the violation of the law or ordinance that was | 2443 |
the basis of the adjudication. | 2444 |
(3) Within fourteen days after committing a delinquent child | 2445 |
to the custody of the department of youth services, the court | 2446 |
shall give notice to the school attended by the child of the | 2447 |
child's commitment by sending to that school a copy of the court's | 2448 |
journal entry ordering the commitment. As soon as possible after | 2449 |
receipt of the notice described in this division, the school shall | 2450 |
provide the department with the child's school transcript. | 2451 |
However, the department shall not refuse to accept a child | 2452 |
committed to it, and a child committed to it shall not be held in | 2453 |
a county or district detention facility, because of a school's | 2454 |
failure to provide the school transcript that it is required to | 2455 |
provide under this division. | 2456 |
(4) Within fourteen days after discharging or releasing a | 2457 |
child from an institution under its control, the department of | 2458 |
youth services shall provide the court and the superintendent of | 2459 |
the school district in which the child is entitled to attend | 2460 |
school under section 3313.64 or 3313.65 of the Revised Code with | 2461 |
the following: | 2462 |
(a) An updated copy of the child's school transcript; | 2463 |
(b) A report outlining the child's behavior in school while | 2464 |
in the custody of the department; | 2465 |
(c) The child's current individualized education program, as | 2466 |
defined in section 3323.01 of the Revised Code, if such a program | 2467 |
has been developed for the child; | 2468 |
(d) A summary of the institutional record of the child's | 2469 |
behavior. | 2470 |
The department also shall provide the court with a copy of | 2471 |
any portion of the child's institutional record that the court | 2472 |
specifically requests, within five working days of the request. | 2473 |
(E) At any hearing at which a child is adjudicated a | 2474 |
delinquent child or as soon as possible after the hearing, the | 2475 |
court shall notify all victims of the delinquent act who may be | 2476 |
entitled to a recovery under any of the following sections of the | 2477 |
right of the victims to recover, pursuant to section 3109.09 of | 2478 |
the Revised Code, compensatory damages from the child's parents; | 2479 |
of the right of the victims to recover, pursuant to section | 2480 |
3109.10 of the Revised Code, compensatory damages from the child's | 2481 |
parents for willful and malicious assaults committed by the child; | 2482 |
and of the right of the victims to recover an award of reparations | 2483 |
pursuant to sections 2743.51 to 2743.72 of the Revised Code. | 2484 |
Sec. 2152.26. (A) Except as provided in divisions (B) and | 2485 |
(F) of this section, a child alleged to be or adjudicated a | 2486 |
delinquent child or a juvenile traffic offender may be held only | 2487 |
in the following places: | 2488 |
(1) A certified foster home or a home approved by the court; | 2489 |
(2) A facility operated by a certified child welfare agency; | 2490 |
(3) Any other suitable place designated by the court. | 2491 |
(B) In addition to the places listed in division (A) of this | 2492 |
section, a child alleged to be or adjudicated a delinquent child | 2493 |
or a person described in division (C)(7) of section 2152.02 of the | 2494 |
Revised Code may be held in a detention facility for delinquent | 2495 |
children that is under the direction or supervision of the court | 2496 |
or other public authority or of a private agency and approved by | 2497 |
the court and a child adjudicated a delinquent child may be held | 2498 |
in accordance with division (F)(2) of this section in a facility | 2499 |
of a type specified in that division. Division (B) of this section | 2500 |
does not apply to a child alleged to be or adjudicated a | 2501 |
delinquent child for chronic truancy, unless the child violated a | 2502 |
lawful court order made pursuant to division (A)(6) of section | 2503 |
2152.19 of the Revised Code. Division (B) of this section also | 2504 |
does not apply to a child alleged to be or adjudicated a | 2505 |
delinquent child for being an habitual truant who previously has | 2506 |
been adjudicated an unruly child for being an habitual truant, | 2507 |
unless the child violated a lawful court order made pursuant to | 2508 |
division (C)(1)(e) of section 2151.354 of the Revised Code. | 2509 |
(C)(1) Except as provided under division (C)(1) of section | 2510 |
2151.311 of the Revised Code or division (A)(5) of section 2152.21 | 2511 |
of the Revised Code, a child alleged to be or adjudicated a | 2512 |
juvenile traffic offender may not be held in any of the following | 2513 |
facilities: | 2514 |
(a) A state correctional institution, county, multicounty, or | 2515 |
municipal jail or workhouse, or other place in which an adult | 2516 |
convicted of crime, under arrest, or charged with a crime is held. | 2517 |
(b) A secure correctional facility. | 2518 |
(2) Except as provided under this section, sections 2151.56 | 2519 |
to 2151.59, and divisions (A)(5) and (6) of section 2152.21 of the | 2520 |
Revised Code, a child alleged to be or adjudicated a juvenile | 2521 |
traffic offender may not be held for more than twenty-four hours | 2522 |
in a detention facility. | 2523 |
(D) Except as provided in division (F) of this section or in | 2524 |
division (C) of section 2151.311, in division (C)(2) of section | 2525 |
5139.06 and section 5120.162, or in division (B) of section | 2526 |
5120.16 of the Revised Code, a child who is alleged to be or is | 2527 |
adjudicated a delinquent child or a person described in division | 2528 |
(C)(7) of section 2152.02 of the Revised Code may not be held in a | 2529 |
state correctional institution, county, multicounty, or municipal | 2530 |
jail or workhouse, or other place where an adult convicted of | 2531 |
crime, under arrest, or charged with crime is held. | 2532 |
(E) Unless the detention is pursuant to division (F) of this | 2533 |
section or division (C) of section 2151.311, division (C)(2) of | 2534 |
section 5139.06 and section 5120.162, or division (B) of section | 2535 |
5120.16 of the Revised Code, the official in charge of the | 2536 |
institution, jail, workhouse, or other facility shall inform the | 2537 |
court immediately when a | 2538 |
under the age of eighteen years, or a person who is charged with a | 2539 |
violation of an order of a juvenile court or a violation of | 2540 |
probation or parole conditions imposed by a juvenile court and who | 2541 |
is or appears to be between the ages of eighteen and twenty-one | 2542 |
years, is received at the facility | 2543 |
person to the court upon request or transfer the
| 2544 |
a detention facility designated by the court. | 2545 |
(F)(1) If a case is transferred to another court for criminal | 2546 |
prosecution pursuant to section 2152.12 of the Revised Code and | 2547 |
the alleged offender is a person described in division (C)(7) of | 2548 |
section 2152.02 of the Revised Code, the
| 2549 |
transferred for detention pending the criminal prosecution in a | 2550 |
jail or other facility | 2551 |
2552 | |
circumstances described in division (F)(4) of this section. Any | 2553 |
child
| 2554 |
shall be confined in a manner that keeps the child beyond the | 2555 |
2556 | |
shall be supervised at all times during the detention. | 2557 |
(2) If a person is adjudicated a delinquent child or juvenile | 2558 |
traffic offender or is a person described in division (C)(7) of | 2559 |
section 2152.02 of the Revised Code and the court makes a | 2560 |
disposition of the person under this chapter, at any time after | 2561 |
the person attains | 2562 |
may be held under that disposition or under the circumstances | 2563 |
described in division (F)(4) of this section in places other than | 2564 |
those specified in division (A) of this section, including, but | 2565 |
not limited to, a county, multicounty, or municipal jail or | 2566 |
workhouse, or other place where an adult convicted of crime, under | 2567 |
arrest, or charged with crime is held. | 2568 |
(3)(a) A person alleged to be a delinquent child may be held | 2569 |
in places other than those specified in division (A) of this | 2570 |
section, including, but not limited to, a county, multicounty, or | 2571 |
municipal jail, if the delinquent act that the child allegedly | 2572 |
committed would be a felony if committed by an adult, and if | 2573 |
either of the following applies: | 2574 |
(i) The person attains | 2575 |
before the person is arrested or apprehended for that act. | 2576 |
(ii) The person is arrested or apprehended for that act | 2577 |
before the person attains | 2578 |
the person attains | 2579 |
court orders a disposition in the case. | 2580 |
(b) If, pursuant to division (F)(3)(a) of this section, a | 2581 |
person is held in a place other than a place specified in division | 2582 |
(A) of this section, the person has the same rights to bail as an | 2583 |
adult charged with the same offense who is confined in a jail | 2584 |
pending trial. | 2585 |
(4)(a) Any person whose case is transferred for criminal | 2586 |
prosecution pursuant to section 2151.10 or 2152.12 of the Revised | 2587 |
Code or any person who has attained the age of eighteen years but | 2588 |
has not attained the age of twenty-one years and who is being held | 2589 |
in a place specified in division (B) of this section may be held | 2590 |
under that disposition or charge in places other than those | 2591 |
specified in division (B) of this section, including a county, | 2592 |
multicounty, or municipal jail or workhouse, or other place where | 2593 |
an adult under arrest or charged with crime is held if the | 2594 |
juvenile court, upon its own motion or upon motion by the | 2595 |
prosecutor and after notice and hearing, establishes by a | 2596 |
preponderance of the evidence and makes written findings that the | 2597 |
youth is a threat to the safety and security of the facility. | 2598 |
Evidence that the youth is a threat to the safety and security of | 2599 |
the facility may include, but is not limited to, whether the youth | 2600 |
has done any of the following: | 2601 |
(i) Injured or created an imminent danger to the life or | 2602 |
health of another youth or staff member in the facility or program | 2603 |
by violent behavior; | 2604 |
(ii) Escaped from the facility or program in which the youth | 2605 |
is being held on more than one occasion; | 2606 |
(iii) Established a pattern of disruptive behavior as | 2607 |
verified by a written record that the youth's behavior is not | 2608 |
conducive to the established policies and procedures of the | 2609 |
facility or program in which the youth is being held. | 2610 |
(b) If the prosecutor submits a motion requesting that the | 2611 |
person be held in a place other than those specified in division | 2612 |
(B) of this section or if the court submits its own motion, the | 2613 |
juvenile court shall hold a hearing within five days of the filing | 2614 |
of the motion, and, in determining whether a place other than | 2615 |
those specified in division (B) of this section is the appropriate | 2616 |
place of confinement for the person, the court shall consider the | 2617 |
following factors: | 2618 |
(i) The age of the person; | 2619 |
(ii) Whether the person would be deprived of contact with | 2620 |
other people for a significant portion of the day or would not | 2621 |
have access to recreational facilities or age-appropriate | 2622 |
educational opportunities in order to provide physical separation | 2623 |
from adults; | 2624 |
(iii) The person's current emotional state, intelligence, and | 2625 |
developmental maturity, including any emotional and psychological | 2626 |
trauma, and the risk to the person in an adult facility, which may | 2627 |
be evidenced by mental health or psychological assessments or | 2628 |
screenings made available to the prosecuting attorney and the | 2629 |
defense counsel; | 2630 |
(iv) Whether detention in a juvenile facility would | 2631 |
adequately serve the need for community protection pending the | 2632 |
outcome of the criminal proceeding; | 2633 |
(v) The relative ability of the available adult and juvenile | 2634 |
detention facilities to meet the needs of the person, including | 2635 |
the person's need for age-appropriate mental health and | 2636 |
educational services delivered by individuals specifically trained | 2637 |
to deal with youth; | 2638 |
(vi) Whether the person presents an imminent risk of | 2639 |
self-inflicted harm or an imminent risk of harm to others within a | 2640 |
juvenile facility; | 2641 |
(vii) Any other factors the juvenile court considers to be | 2642 |
relevant. | 2643 |
(c) If the juvenile court determines that a place other than | 2644 |
those specified in division (B) of this section is the appropriate | 2645 |
place for confinement of a person pursuant to division (F)(4)(a) | 2646 |
of this section, the person may petition the juvenile court for a | 2647 |
review hearing thirty days after the initial confinement decision, | 2648 |
thirty days after any subsequent review hearing, or at any time | 2649 |
after the initial confinement decision upon an emergency petition | 2650 |
by the youth due to the youth facing an imminent danger from | 2651 |
others or the youth's self. Upon receipt of the petition, the | 2652 |
juvenile court has discretion over whether to conduct the review | 2653 |
hearing and may set the matter for a review hearing if the youth | 2654 |
has alleged facts or circumstances that, if true, would warrant | 2655 |
reconsideration of the youth's placement in a place other than | 2656 |
those specified in division (B) of this section based on the | 2657 |
factors listed in division (F)(4)(b) of this section. | 2658 |
(d) Upon the admission of a person described in division | 2659 |
(F)(4)(a) of this section to a place other than those specified in | 2660 |
division (B) of this section, the facility shall advise the person | 2661 |
of the person's right to request a review hearing as described in | 2662 |
division (F)(4)(d) of this section. | 2663 |
(e) Any person transferred under division (F)(4)(a) of this | 2664 |
section to a place other than those specified in division (B) of | 2665 |
this section shall be confined in a manner that keeps the person | 2666 |
beyond sight and sound of all adult detainees. The person shall be | 2667 |
supervised at all times during the detention. | 2668 |
Sec. 2152.52. (A)(1) In any proceeding under this chapter | 2669 |
other than a proceeding alleging that a child is an unruly child | 2670 |
or a juvenile traffic offender, any party or the court may move | 2671 |
for a determination regarding the child's competency to | 2672 |
participate in the proceeding. | 2673 |
(2) In any proceeding under this chapter other than a | 2674 |
proceeding alleging that a child is an unruly child or a juvenile | 2675 |
traffic offender, if the child who is the subject of the | 2676 |
proceeding is fourteen years of age or older and if the child is | 2677 |
not otherwise found to be mentally ill, intellectually disabled, | 2678 |
or developmentally disabled, it is rebuttably presumed that the | 2679 |
child does not have a lack of mental capacity. This presumption | 2680 |
applies only in making a determination as to whether the child has | 2681 |
a lack of mental capacity and shall not be used or applicable for | 2682 |
any other purpose. | 2683 |
(B) The court may find a child incompetent to proceed without | 2684 |
ordering an evaluation of the child's competency or holding a | 2685 |
hearing to determine the child's competency if either of the | 2686 |
following applies: | 2687 |
(1) The prosecuting attorney, the child's attorney, and at | 2688 |
least one of the child's parents, guardians, or custodians agree | 2689 |
to the determination. | 2690 |
(2) The court relies on a prior court determination that the | 2691 |
child was incompetent and could not attain competency even if the | 2692 |
child were to participate in competency attainment services. | 2693 |
Sec. 2152.56. (A) Upon completing an evaluation ordered | 2694 |
pursuant to section 2152.53 of the Revised Code, an evaluator | 2695 |
shall submit to the court a written competency assessment report. | 2696 |
The report shall include the evaluator's opinion as to whether the | 2697 |
child, due to mental illness, intellectual disability, or | 2698 |
developmental disability, or otherwise due to a lack of mental | 2699 |
capacity, is | 2700 |
nature and objective of the proceedings against the child or of | 2701 |
assisting in the child's defense. The report shall not include any | 2702 |
opinion as to the child's sanity at the time of the alleged | 2703 |
offense, details of the alleged offense as reported by the child, | 2704 |
or an opinion as to whether the child actually committed the | 2705 |
offense or could have been culpable for committing the offense. | 2706 |
(B) A competency assessment report shall address the child's | 2707 |
capacity to do all of the following: | 2708 |
(1) Comprehend and appreciate the charges or allegations | 2709 |
against the child; | 2710 |
(2) Understand the adversarial nature of the proceedings, | 2711 |
including the role of the judge, defense counsel, prosecuting | 2712 |
attorney, guardian ad litem or court-appointed special assistant, | 2713 |
and witnesses; | 2714 |
(3) Assist in the child's defense and communicate with | 2715 |
counsel; | 2716 |
(4) Comprehend and appreciate the consequences that may be | 2717 |
imposed or result from the proceedings. | 2718 |
(C) A competency assessment report shall include the | 2719 |
evaluator's opinion regarding the extent to which the child's | 2720 |
competency may be impaired by the child's failure to meet one or | 2721 |
more of the criteria listed in division (B) of this section. If | 2722 |
the evaluator concludes that the child's competency is impaired | 2723 |
but that the child may be enabled to understand the nature and | 2724 |
objectives of the proceeding against the child and to assist in | 2725 |
the child's defense with reasonable accommodations, the report | 2726 |
shall include recommendations for those reasonable accommodations | 2727 |
that the court might make. If the evaluator concludes that the | 2728 |
child's competency is so impaired that the child would not be able | 2729 |
to understand the nature and objectives of the proceeding against | 2730 |
the child | 2731 |
shall include an opinion as to the likelihood that the child could | 2732 |
attain competency within the periods set forth in division (D)(2) | 2733 |
of section 2152.59 of the Revised Code. | 2734 |
(D) If the evaluator concludes that the child could likely | 2735 |
attain competency within the periods set forth in division (D)(2) | 2736 |
of section 2152.59 of the Revised Code, the competency assessment | 2737 |
report shall include both of the following: | 2738 |
(1) A recommendation as to the least restrictive setting for | 2739 |
child competency attainment services that is consistent with the | 2740 |
child's ability to attain competency and the safety of both the | 2741 |
child and the community; | 2742 |
(2) A list of the providers of child competency attainment | 2743 |
services known to the evaluator that are located most closely to | 2744 |
the child's current residence. | 2745 |
(E) If the evaluator is unable, within the maximum allowable | 2746 |
time for submission of a competency assessment report under | 2747 |
division (A) of section 2152.57 of the Revised Code, to form an | 2748 |
opinion regarding the extent to which the child's competency may | 2749 |
be impaired by the child's failure to meet one or more of the | 2750 |
criteria listed in division (B) of this section, the evaluator | 2751 |
shall so state in the report. The evaluator shall also include | 2752 |
recommendations for services to support the safety of the child or | 2753 |
the community. | 2754 |
Sec. 2152.59. (A) If after a hearing held pursuant to | 2755 |
section 2152.58 of the Revised Code the court determines that a | 2756 |
child is competent, the court shall proceed with the delinquent | 2757 |
child's proceeding as provided by law. No statement that a child | 2758 |
makes during an evaluation or hearing conducted under sections | 2759 |
2152.51 through 2152.59 of the Revised Code shall be used against | 2760 |
the child on the issue of responsibility or guilt in any child or | 2761 |
adult proceeding. | 2762 |
(B) If after a hearing held pursuant to section 2152.58 of | 2763 |
the Revised Code the court determines that the child is not | 2764 |
competent and cannot attain competency within the period of time | 2765 |
applicable under division (D)(2) of this section, the court shall | 2766 |
dismiss the charges without prejudice, except that the court may | 2767 |
delay dismissal for up to ninety calendar days and do either of | 2768 |
the following: | 2769 |
(1) Refer the matter to a public children services agency and | 2770 |
request that agency determine whether to file an action in | 2771 |
accordance with section 2151.27 of the Revised Code alleging that | 2772 |
the child is a dependent, neglected, or abused child; | 2773 |
(2) Assign court staff to refer the child or the child's | 2774 |
family to the local family and children first council or an agency | 2775 |
funded by the department of mental health or department of | 2776 |
developmental disabilities or otherwise secure services to reduce | 2777 |
the potential that the child would engage in behavior that could | 2778 |
result in delinquent child or other criminal charges. | 2779 |
(C) If after a hearing held pursuant to section 2152.58 of | 2780 |
the Revised Code the court determines that a child is not | 2781 |
competent but could likely attain competency by participating in | 2782 |
services specifically designed to help the child develop | 2783 |
competency, the court may order the child to participate in | 2784 |
services specifically designed to help the child develop | 2785 |
competency at county expense. The court shall name a reliable | 2786 |
provider to deliver the competency attainment services and shall | 2787 |
order the child's parent, guardian, or custodian to contact that | 2788 |
provider by a specified date to arrange for services. | 2789 |
(D) The competency attainment services provided to a child | 2790 |
shall be based on a competency attainment plan described in | 2791 |
division (E)(2) of this section and approved by the court. | 2792 |
Services are subject to the following conditions and time periods | 2793 |
measured from the date the court approves the plan: | 2794 |
(1) Services shall be provided in the least restrictive | 2795 |
setting that is consistent with the child's ability to attain | 2796 |
competency and the safety of both the child and the community. If | 2797 |
the child has been released on temporary or interim orders and | 2798 |
refuses or fails to cooperate with the service provider, the court | 2799 |
may reassess the orders and amend them to require a more | 2800 |
appropriate setting. | 2801 |
(2) No child shall be required to participate in competency | 2802 |
attainment services for longer than is required for the child to | 2803 |
attain competency. The following maximum periods of participation | 2804 |
apply: | 2805 |
(a) If a child is ordered to participate in competency | 2806 |
attainment services that are provided outside of a residential | 2807 |
setting, the child shall not participate in those services for a | 2808 |
period exceeding three months if the child is charged with an act | 2809 |
that would be a misdemeanor if committed by an adult, six months | 2810 |
if the child is charged with an act that would be a felony of the | 2811 |
third, fourth, or fifth degree if committed by an adult, or one | 2812 |
year if the child is charged with an act that would be a felony of | 2813 |
the first or second degree, aggravated murder, or murder if | 2814 |
committed by an adult. | 2815 |
(b) If a child is ordered to receive competency attainment | 2816 |
services that are provided in a residential setting that is | 2817 |
operated solely or in part for the purpose of providing competency | 2818 |
attainment services, the child shall not participate in those | 2819 |
services for a period exceeding forty-five calendar days if the | 2820 |
child is charged with an act that would be a misdemeanor if | 2821 |
committed by an adult, three months if the child is charged with | 2822 |
an act that would be a felony of the third, fourth, or fifth | 2823 |
degree if committed by an adult, six months if the child is | 2824 |
charged with an act that would be a felony of the first or second | 2825 |
degree if committed by an adult, or one year if the child is | 2826 |
charged with an act that would be aggravated murder or murder if | 2827 |
committed by an adult. | 2828 |
(c) If a child is ordered into a residential, detention, or | 2829 |
other secured setting for reasons other than to participate in | 2830 |
competency attainment services and is also ordered to participate | 2831 |
in competency attainment services concurrently, the child shall | 2832 |
participate in the competency attainment services for not longer | 2833 |
than the relevant period set forth in division (D)(2)(a) of this | 2834 |
section. | 2835 |
(d) If a child is ordered to participate in competency | 2836 |
attainment services that require the child to live for some but | 2837 |
not all of the duration of the services in a residential setting | 2838 |
that is operated solely or in part for the purpose of providing | 2839 |
competency attainment services, the child shall participate in the | 2840 |
competency attainment services for not longer than the relevant | 2841 |
period set forth in division (D)(2)(b) of this section. For the | 2842 |
purpose of calculating a time period under division (D)(2)(d) of | 2843 |
this section, two days of participation in a nonresidential | 2844 |
setting shall equal one day of participation in a residential | 2845 |
setting. | 2846 |
(3) A child who receives competency attainment services in a | 2847 |
residential setting that is operated solely or partly for the | 2848 |
purpose of providing competency attainment services is in | 2849 |
detention for purposes of section 2921.34 and division (B) of | 2850 |
section 2152.18 of the Revised Code during the time that the child | 2851 |
resides in the residential setting. | 2852 |
(E)(1) Within ten business days after the court names the | 2853 |
provider responsible for the child's competency attainment | 2854 |
services under division (D) of this section, the court shall | 2855 |
deliver to that provider a copy of each competency assessment | 2856 |
report it has received for review. The provider shall return the | 2857 |
copies of the reports to the court upon the termination of the | 2858 |
services. | 2859 |
(2) Not later than thirty calendar days after the child | 2860 |
contacts the competency attainment services provider under | 2861 |
division (C) of this section, the provider shall submit to the | 2862 |
court a plan for the child to attain competency. The court shall | 2863 |
provide copies of the plan to the prosecuting attorney, the | 2864 |
child's attorney, the child's guardian ad litem, if any, and the | 2865 |
child's parents, guardian, or custodian. | 2866 |
(F) The provider that provides the child's competency | 2867 |
attainment services pursuant to the competency attainment plan | 2868 |
shall submit reports to the court on the following schedule: | 2869 |
(1) A report on the child's progress every thirty calendar | 2870 |
days and on the termination of services | 2871 |
include any details of the alleged offense as reported by the | 2872 |
child. | 2873 |
(2) If the provider determines that the child is not | 2874 |
cooperating to a degree that would allow the services to be | 2875 |
effective to help the child attain competency, a report informing | 2876 |
the court of the determination within three business days after | 2877 |
making the determination; | 2878 |
(3) If the provider determines that the current setting is no | 2879 |
longer the least restrictive setting that is consistent with the | 2880 |
child's ability to attain competency and the safety of both the | 2881 |
child and the community, a report informing the court of the | 2882 |
determination within three business days after making the | 2883 |
determination; | 2884 |
(4) If the provider determines that the child has achieved | 2885 |
the goals of the plan and would be able to understand the nature | 2886 |
and objectives of the proceeding against the child and to assist | 2887 |
in the child's defense, with or without reasonable accommodations | 2888 |
to meet the criteria set forth in division (B) of section 2152.56 | 2889 |
of the Revised Code, a report informing the court of that | 2890 |
determination within three business days after making the | 2891 |
determination. If the provider believes that accommodations would | 2892 |
be necessary or desirable, the report shall include | 2893 |
recommendations for accommodations. | 2894 |
(5) If the provider determines that the child will not | 2895 |
achieve the goals of the plan within the applicable period of time | 2896 |
under division (D)(2) of this section, a report informing the | 2897 |
court of the determination within three business days after making | 2898 |
the determination. The report shall include recommendations for | 2899 |
services for the child that would support the safety of the child | 2900 |
or the community. | 2901 |
(G) The court shall provide copies of any report made under | 2902 |
division (F) of this section to the prosecuting attorney, the | 2903 |
child's attorney, and the child's guardian ad litem, if any. The | 2904 |
court shall provide copies of any report made under division (F) | 2905 |
of this section to the child's parents, guardian, or custodian | 2906 |
unless the court finds that doing so is not in the best interest | 2907 |
of the child. | 2908 |
(H)(1) Within fifteen business days after receiving a report | 2909 |
under division (F) of this section, the court may hold a hearing | 2910 |
to determine if a new order is necessary. To assist in making a | 2911 |
determination under division (H) of this section, the court may | 2912 |
order a new competency evaluation in accordance with section | 2913 |
2152.53 of the Revised Code. Until a new order is issued or the | 2914 |
required period of participation expires, the child shall continue | 2915 |
to participate in competency attainment services. | 2916 |
(2) If after a hearing held under division (H)(1) of this | 2917 |
section the court determines that the child is not making progress | 2918 |
toward competency or is so uncooperative that attainment services | 2919 |
cannot be effective, the court may order a change in setting or | 2920 |
services that would help the child attain competency within the | 2921 |
relevant period of time under division (D)(2) of this section. | 2922 |
(3) If after a hearing held under division (H)(1) of this | 2923 |
section the court determines that the child has not or will not | 2924 |
attain competency within the relevant period of time under | 2925 |
division (D)(2) of this section, the court shall dismiss the | 2926 |
delinquency complaint without prejudice, except that the court may | 2927 |
delay dismissal for up to ninety calendar days and do either of | 2928 |
the following: | 2929 |
(a) Refer the matter to a public children services agency and | 2930 |
request that agency determine whether to file an action in | 2931 |
accordance with section 2151.27 of the Revised Code alleging that | 2932 |
the child is a dependent, neglected, or abused child; | 2933 |
(b) Assign court staff to refer the child or the child's | 2934 |
family to the local family and children first council or an agency | 2935 |
funded by the department of mental health or department of | 2936 |
developmental disabilities or otherwise secure services to reduce | 2937 |
the potential that the child would engage in behavior that could | 2938 |
result in delinquency or other criminal charges. | 2939 |
(4) A dismissal under division (H)(3) of this section does | 2940 |
not preclude a future delinquent child proceeding or criminal | 2941 |
prosecution as provided under section 2151.23 of the Revised Code | 2942 |
if the child eventually attains competency. | 2943 |
(5) If after a hearing held under division (H)(1) of this | 2944 |
section the court determines that the child has attained | 2945 |
competency, the court shall proceed with the delinquent child's | 2946 |
proceeding in accordance with division (A) of this section. | 2947 |
(6) A dismissal under this section does not bar a civil | 2948 |
action based on the acts or omissions that formed the basis of the | 2949 |
complaint. | 2950 |
Sec. 2301.27. (A)(1)(a) The court of common pleas may | 2951 |
establish a county department of probation. The establishment of | 2952 |
the department shall be entered upon the journal of the court, and | 2953 |
the clerk of the court of common pleas shall certify a copy of the | 2954 |
journal entry establishing the department to each elective officer | 2955 |
and board of the county. The department shall consist of a chief | 2956 |
probation officer and the number of other probation officers and | 2957 |
employees, clerks, and stenographers that is fixed from time to | 2958 |
time by the court. The court shall appoint those individuals, fix | 2959 |
their salaries, and supervise their work. | 2960 |
(b) When appointing a chief probation officer, the court | 2961 |
shall do all of the following: | 2962 |
(i) Publicly advertise the position on the court's web site, | 2963 |
including, but not limited to, the job description, qualifications | 2964 |
for the position, and the application requirements; | 2965 |
(ii) Conduct a competitive hiring process that adheres to | 2966 |
state and federal equal employment opportunity laws; | 2967 |
(iii) Review applicants who meet the posted qualifications | 2968 |
and comply with the application requirements. | 2969 |
(c) The court shall not appoint as a probation officer any | 2970 |
person who does not possess the training, experience, and other | 2971 |
qualifications prescribed by the adult parole authority created by | 2972 |
section 5149.02 of the Revised Code or the department of youth | 2973 |
services, as applicable. Probation officers have all the powers of | 2974 |
regular police officers and shall perform any duties that are | 2975 |
designated by the judge or judges of the court. All positions | 2976 |
within the department of probation, except positions held by | 2977 |
probation officers in the juvenile division of a court of common | 2978 |
pleas, shall be in the classified service of the civil service of | 2979 |
the county. | 2980 |
(2) If two or more counties desire to jointly establish a | 2981 |
probation department for those counties, the judges of the courts | 2982 |
of common pleas of those counties may establish a probation | 2983 |
department for those counties. If a probation department is | 2984 |
established pursuant to division (A)(2) of this section to serve | 2985 |
more than one county, the judges of the courts of common pleas | 2986 |
that established the department shall designate the county | 2987 |
treasurer of one of the counties served by the department as the | 2988 |
treasurer to whom probation fees paid under section 2951.021 of | 2989 |
the Revised Code are to be appropriated and transferred under | 2990 |
division (A)(2) of section 321.44 of the Revised Code for deposit | 2991 |
into the multicounty probation services fund established under | 2992 |
division (B) of section 321.44 of the Revised Code. | 2993 |
The cost of the administration and operation of a probation | 2994 |
department established for two or more counties shall be prorated | 2995 |
to the respective counties on the basis of population. | 2996 |
(3) Probation officers shall receive, in addition to their | 2997 |
respective salaries, their necessary and reasonable travel and | 2998 |
other expenses incurred in the performance of their duties. Their | 2999 |
salaries and expenses shall be paid monthly from the county | 3000 |
treasury in the manner provided for the payment of the | 3001 |
compensation of other appointees of the court. | 3002 |
(4) | 3003 |
accordance with a set of minimum standards that are established by | 3004 |
the adult parole authority of the department of rehabilitation and | 3005 |
correction. Probation officers in the juvenile division of a court | 3006 |
of common pleas shall be trained in accordance with a set of | 3007 |
minimum standards that are established by the department of youth | 3008 |
services. | 3009 |
(B)(1)(a) In lieu of establishing a county department of | 3010 |
probation under division (A) of this section and in lieu of | 3011 |
entering into an agreement with the adult parole authority as | 3012 |
described in division (B) of section 2301.32 of the Revised Code, | 3013 |
the court of common pleas may request the board of county | 3014 |
commissioners to contract with, and upon that request the board | 3015 |
may contract with, any nonprofit, public or private agency, | 3016 |
association, or organization for the provision of probation | 3017 |
services and supervisory services for persons placed under | 3018 |
community control sanctions. The contract shall specify that each | 3019 |
individual providing the probation services and supervisory | 3020 |
services shall possess the training, experience, and other | 3021 |
qualifications prescribed by the adult parole authority or the | 3022 |
department of youth services, as applicable. The individuals who | 3023 |
provide the probation services and supervisory services shall not | 3024 |
be included in the classified or unclassified civil service of the | 3025 |
county. | 3026 |
(b) A court of common pleas that has established a county | 3027 |
probation department or has entered into an agreement with the | 3028 |
adult parole authority as described in division (A) or (B) of | 3029 |
section 2301.32 of the Revised Code may request the board of | 3030 |
county commissioners to contract with, and upon that request the | 3031 |
board may contract with, any nonprofit, public or private agency, | 3032 |
association, or organization for the provision of probation | 3033 |
services and supervisory services, including the preparation of | 3034 |
presentence investigation reports to supplement the probation | 3035 |
services and supervisory services provided by the county probation | 3036 |
department or adult parole authority, as applicable. The contract | 3037 |
shall specify that each individual providing the probation | 3038 |
services and supervisory services shall possess the training, | 3039 |
experience, and other qualifications prescribed by the adult | 3040 |
parole authority. The individuals who provide the probation | 3041 |
services and supervisory services shall not be included in the | 3042 |
classified or unclassified civil service of the county. A | 3043 |
nonprofit, public or private agency, association, or organization | 3044 |
providing probation services or supervisory services under this | 3045 |
division is hereby designated a criminal justice agency in the | 3046 |
provision of those services, and as such is authorized by this | 3047 |
state to apply for access to the computerized databases | 3048 |
administered by the national crime information center or the law | 3049 |
enforcement automated data system in Ohio and to other | 3050 |
computerized databases administered for the purpose of making | 3051 |
criminal justice information accessible to state criminal justice | 3052 |
agencies. | 3053 |
(2)(a) In lieu of establishing a county department of | 3054 |
probation under division (A) of this section and in lieu of | 3055 |
entering into an agreement with the adult parole authority as | 3056 |
described in division (B) of section 2301.32 of the Revised Code, | 3057 |
the courts of common pleas of two or more adjoining counties | 3058 |
jointly may request the boards of county commissioners of those | 3059 |
counties to contract with, and upon that request the boards of | 3060 |
county commissioners of two or more adjoining counties jointly may | 3061 |
contract with, any nonprofit, public or private agency, | 3062 |
association, or organization for the provision of probation | 3063 |
services and supervisory services for persons placed under | 3064 |
community control sanctions for those counties. The contract shall | 3065 |
specify that each individual providing the probation services and | 3066 |
supervisory services shall possess the training, experience, and | 3067 |
other qualifications prescribed by the adult parole authority or | 3068 |
the department of youth services, as applicable. The individuals | 3069 |
who provide the probation services and supervisory services shall | 3070 |
not be included in the classified or unclassified civil service of | 3071 |
any of those counties. | 3072 |
(b) The courts of common pleas of two or more adjoining | 3073 |
counties that have jointly established a probation department for | 3074 |
those counties or have entered into an agreement with the adult | 3075 |
parole authority as described in division (A) or (B) of section | 3076 |
2301.32 of the Revised Code may jointly request the board of | 3077 |
county commissioners of each county to contract with, and upon | 3078 |
that request the board may contract with, any nonprofit, public or | 3079 |
private agency, association, or organization for the provision of | 3080 |
probation services and supervisory services, including the | 3081 |
preparation of presentence investigation reports to supplement the | 3082 |
probation services and supervisory services provided by the | 3083 |
probation department or adult parole authority, as applicable. The | 3084 |
contract shall specify that each individual providing the | 3085 |
probation services and supervisory services shall possess the | 3086 |
training, experience, and other qualifications prescribed by the | 3087 |
adult parole authority. The individuals who provide the probation | 3088 |
services and supervisory services shall not be included in the | 3089 |
classified or unclassified civil service of the county. A | 3090 |
nonprofit, public or private agency, association, or organization | 3091 |
providing probation services or supervisory services under this | 3092 |
division is hereby designated a criminal justice agency in the | 3093 |
provision of those services, and as such is authorized by this | 3094 |
state to apply for access to the computerized databases | 3095 |
administered by the national crime information center or the law | 3096 |
enforcement automated data system in Ohio and to other | 3097 |
computerized databases administered for the purpose of making | 3098 |
criminal justice information accessible to state criminal justice | 3099 |
agencies. | 3100 |
(C) The chief probation officer may grant permission to a | 3101 |
probation officer to carry firearms when required in the discharge | 3102 |
of official duties if the probation officer has successfully | 3103 |
completed a basic firearm training program that is approved by the | 3104 |
executive director of the Ohio peace officer training commission. | 3105 |
A probation officer who has been granted permission to carry a | 3106 |
firearm in the discharge of official duties, annually shall | 3107 |
successfully complete a firearms requalification program in | 3108 |
accordance with section 109.801 of the Revised Code. | 3109 |
(D) As used in this section and sections 2301.28 to 2301.32 | 3110 |
of the Revised Code, "community control sanction" has the same | 3111 |
meaning as in section 2929.01 of the Revised Code. | 3112 |
Sec. 2301.271. (A) The adult parole authority of the | 3113 |
department of rehabilitation and correction shall develop minimum | 3114 |
standards for the training of adult probation officers as provided | 3115 |
by section 2301.27 of the Revised Code. The adult parole authority | 3116 |
shall consult and collaborate with the supreme court in developing | 3117 |
the standards. The department of youth services shall develop | 3118 |
minimum standards for the training of probation officers who | 3119 |
supervise juvenile offenders. | 3120 |
(B) Within six months after | 3121 |
3122 | |
correction and, within six months after the effective date of this | 3123 |
amendment, the department of youth services shall make available a | 3124 |
copy of the minimum standards developed by the department, as | 3125 |
applicable, to the following entities: | 3126 |
(1) Every municipal court, county court, and court of common | 3127 |
pleas; | 3128 |
(2) Every probation department. | 3129 |
Sec. 2705.031. (A) As used in this section, "Title IV-D | 3130 |
case" has the same meaning as in section 3125.01 of the Revised | 3131 |
Code. | 3132 |
(B)(1) Any party who has a legal claim to any support ordered | 3133 |
for a child, spouse, or former spouse may initiate a contempt | 3134 |
action for failure to pay the support. In Title IV-D cases, the | 3135 |
contempt action for failure to pay support also may be initiated | 3136 |
by an attorney retained by the party who has the legal claim, the | 3137 |
prosecuting attorney, or an attorney of the department of job and | 3138 |
family services or the child support enforcement agency. | 3139 |
(2) Any parent who is granted parenting time rights under a | 3140 |
parenting time order or decree issued pursuant to section 3109.051 | 3141 |
or 3109.12 of the Revised Code, any person who is granted | 3142 |
visitation rights under a visitation order or decree issued | 3143 |
pursuant to section 3109.051, 3109.11, or 3109.12 of the Revised | 3144 |
Code or pursuant to any other provision of the Revised Code, or | 3145 |
any other person who is subject to any parenting time or | 3146 |
visitation order or decree, may initiate a contempt action for a | 3147 |
failure to comply with, or an interference with, the order or | 3148 |
decree. | 3149 |
(C) In any contempt action initiated pursuant to division (B) | 3150 |
of this section, the accused shall appear upon the summons and | 3151 |
order to appear that is issued by the court. The summons shall | 3152 |
include all of the following: | 3153 |
(1) Notice that failure to appear may result in the issuance | 3154 |
of an order of arrest, and in cases involving alleged failure to | 3155 |
pay support, the issuance of an order for the payment of support | 3156 |
by withholding an amount from the personal earnings of the accused | 3157 |
or by withholding or deducting an amount from some other asset of | 3158 |
the accused; | 3159 |
(2) Notice that the accused has a right to counsel, and that | 3160 |
if indigent, the accused must apply for a public defender or court | 3161 |
appointed counsel within three business days after receipt of the | 3162 |
summons; | 3163 |
(3) Notice that the court may refuse to grant a continuance | 3164 |
at the time of the hearing for the purpose of the accused | 3165 |
obtaining counsel, if the accused fails to make a good faith | 3166 |
effort to retain counsel or to obtain a public defender; | 3167 |
(4) Notice of the potential penalties that could be imposed | 3168 |
upon the accused, if the accused is found guilty of contempt for | 3169 |
failure to pay support or for a failure to comply with, or an | 3170 |
interference with, a parenting time or visitation order or decree; | 3171 |
(5) Notice that the court may grant limited driving | 3172 |
privileges under section 4510.021 of the Revised Code pursuant to | 3173 |
a request made by the accused, if the driver's license was | 3174 |
suspended based on a notice issued pursuant to section 3123.54 of | 3175 |
the Revised Code by the child support enforcement agency and if | 3176 |
the request is accompanied by a recent noncertified copy of a | 3177 |
driver's abstract from the registrar of motor vehicles. | 3178 |
(D) If the accused is served as required by the Rules of | 3179 |
Civil Procedure or by any special statutory proceedings that are | 3180 |
relevant to the case, the court may order the attachment of the | 3181 |
person of the accused upon failure to appear as ordered by the | 3182 |
court. | 3183 |
(E) The imposition of any penalty for contempt under section | 3184 |
2705.05 of the Revised Code shall not eliminate any obligation of | 3185 |
the accused to pay any past, present, or future support obligation | 3186 |
or any obligation of the accused to comply with or refrain from | 3187 |
interfering with the parenting time or visitation order or decree. | 3188 |
The court shall have jurisdiction to make a finding of contempt | 3189 |
for the failure to pay support and to impose the penalties set | 3190 |
forth in section 2705.05 of the Revised Code in all cases in which | 3191 |
past due support is at issue even if the duty to pay support has | 3192 |
terminated, and shall have jurisdiction to make a finding of | 3193 |
contempt for a failure to comply with, or an interference with, a | 3194 |
parenting time or visitation order or decree and to impose the | 3195 |
penalties set forth in section 2705.05 of the Revised Code in all | 3196 |
cases in which the failure or interference is at issue even if the | 3197 |
parenting time or visitation order or decree no longer is in | 3198 |
effect. | 3199 |
Sec. 2907.24. (A) No person shall solicit another to engage | 3200 |
with such other person in sexual activity for hire. | 3201 |
(B) No person, with knowledge that the person has tested | 3202 |
positive as a carrier of a virus that causes acquired | 3203 |
immunodeficiency syndrome, shall engage in conduct in violation of | 3204 |
division (A) of this section. | 3205 |
(C)(1) Whoever violates division (A) of this section is | 3206 |
guilty of soliciting, a misdemeanor of the third degree. | 3207 |
(2) Whoever violates division (B) of this section is guilty | 3208 |
of engaging in solicitation after a positive HIV test. If the | 3209 |
offender commits the violation prior to July 1, 1996, engaging in | 3210 |
solicitation after a positive HIV test is a felony of the second | 3211 |
degree. If the offender commits the violation on or after July 1, | 3212 |
1996, engaging in solicitation after a positive HIV test is a | 3213 |
felony of the third degree. | 3214 |
(D) If a person is convicted of or pleads guilty to a | 3215 |
violation of any provision of this section, an attempt to commit a | 3216 |
violation of any provision of this section, or a violation of or | 3217 |
an attempt to commit a violation of a municipal ordinance that is | 3218 |
substantially equivalent to any provision of this section and if | 3219 |
the person, in committing or attempting to commit the violation, | 3220 |
was in, was on, or used a motor vehicle, the court, in addition to | 3221 |
or independent of all other penalties imposed for the violation, | 3222 |
3223 | |
person's driver's license, commercial driver's license, temporary | 3224 |
instruction permit, probationary license, or nonresident operating | 3225 |
privilege from the range specified in division (A)(6) of section | 3226 |
4510.02 of the Revised Code. In lieu of imposing upon the offender | 3227 |
the class six suspension, the court instead may require the | 3228 |
offender to perform community service for a number of hours | 3229 |
determined by the court. | 3230 |
Sec. 2913.02. (A) No person, with purpose to deprive the | 3231 |
owner of property or services, shall knowingly obtain or exert | 3232 |
control over either the property or services in any of the | 3233 |
following ways: | 3234 |
(1) Without the consent of the owner or person authorized to | 3235 |
give consent; | 3236 |
(2) Beyond the scope of the express or implied consent of the | 3237 |
owner or person authorized to give consent; | 3238 |
(3) By deception; | 3239 |
(4) By threat; | 3240 |
(5) By intimidation. | 3241 |
(B)(1) Whoever violates this section is guilty of theft. | 3242 |
(2) Except as otherwise provided in this division or division | 3243 |
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of | 3244 |
this section is petty theft, a misdemeanor of the first degree. If | 3245 |
the value of the property or services stolen is one thousand | 3246 |
dollars or more and is less than seven thousand five hundred | 3247 |
dollars or if the property stolen is any of the property listed in | 3248 |
section 2913.71 of the Revised Code, a violation of this section | 3249 |
is theft, a felony of the fifth degree. If the value of the | 3250 |
property or services stolen is seven thousand five hundred dollars | 3251 |
or more and is less than one hundred fifty thousand dollars, a | 3252 |
violation of this section is grand theft, a felony of the fourth | 3253 |
degree. If the value of the property or services stolen is one | 3254 |
hundred fifty thousand dollars or more and is less than seven | 3255 |
hundred fifty thousand dollars, a violation of this section is | 3256 |
aggravated theft, a felony of the third degree. If the value of | 3257 |
the property or services is seven hundred fifty thousand dollars | 3258 |
or more and is less than one million five hundred thousand | 3259 |
dollars, a violation of this section is aggravated theft, a felony | 3260 |
of the second degree. If the value of the property or services | 3261 |
stolen is one million five hundred thousand dollars or more, a | 3262 |
violation of this section is aggravated theft of one million five | 3263 |
hundred thousand dollars or more, a felony of the first degree. | 3264 |
(3) Except as otherwise provided in division (B)(4), (5), | 3265 |
(6), (7), or (8) of this section, if the victim of the offense is | 3266 |
an elderly person or disabled adult, a violation of this section | 3267 |
is theft from an elderly person or disabled adult, and division | 3268 |
(B)(3) of this section applies. Except as otherwise provided in | 3269 |
this division, theft from an elderly person or disabled adult is a | 3270 |
felony of the fifth degree. If the value of the property or | 3271 |
services stolen is one thousand dollars or more and is less than | 3272 |
seven thousand five hundred dollars, theft from an elderly person | 3273 |
or disabled adult is a felony of the fourth degree. If the value | 3274 |
of the property or services stolen is seven thousand five hundred | 3275 |
dollars or more and is less than thirty-seven thousand five | 3276 |
hundred dollars, theft from an elderly person or disabled adult is | 3277 |
a felony of the third degree. If the value of the property or | 3278 |
services stolen is thirty-seven thousand five hundred dollars or | 3279 |
more and is less than one hundred fifty thousand dollars, theft | 3280 |
from an elderly person or disabled adult is a felony of the second | 3281 |
degree. If the value of the property or services stolen is one | 3282 |
hundred fifty thousand dollars or more, theft from an elderly | 3283 |
person or disabled adult is a felony of the first degree. | 3284 |
(4) If the property stolen is a firearm or dangerous | 3285 |
ordnance, a violation of this section is grand theft. Except as | 3286 |
otherwise provided in this division, grand theft when the property | 3287 |
stolen is a firearm or dangerous ordnance is a felony of the third | 3288 |
degree, and there is a presumption in favor of the court imposing | 3289 |
a prison term for the offense. If the firearm or dangerous | 3290 |
ordnance was stolen from a federally licensed firearms dealer, | 3291 |
grand theft when the property stolen is a firearm or dangerous | 3292 |
ordnance is a felony of the first degree. The offender shall serve | 3293 |
a prison term imposed for grand theft when the property stolen is | 3294 |
a firearm or dangerous ordnance consecutively to any other prison | 3295 |
term or mandatory prison term previously or subsequently imposed | 3296 |
upon the offender. | 3297 |
(5) If the property stolen is a motor vehicle, a violation of | 3298 |
this section is grand theft of a motor vehicle, a felony of the | 3299 |
fourth degree. | 3300 |
(6) If the property stolen is any dangerous drug, a violation | 3301 |
of this section is theft of drugs, a felony of the fourth degree, | 3302 |
or, if the offender previously has been convicted of a felony drug | 3303 |
abuse offense, a felony of the third degree. | 3304 |
(7) If the property stolen is a police dog or horse or an | 3305 |
assistance dog and the offender knows or should know that the | 3306 |
property stolen is a police dog or horse or an assistance dog, a | 3307 |
violation of this section is theft of a police dog or horse or an | 3308 |
assistance dog, a felony of the third degree. | 3309 |
(8) If the property stolen is anhydrous ammonia, a violation | 3310 |
of this section is theft of anhydrous ammonia, a felony of the | 3311 |
third degree. | 3312 |
(9) In addition to the penalties described in division (B)(2) | 3313 |
of this section, if the offender committed the violation by | 3314 |
causing a motor vehicle to leave the premises of an establishment | 3315 |
at which gasoline is offered for retail sale without the offender | 3316 |
making full payment for gasoline that was dispensed into the fuel | 3317 |
tank of the motor vehicle or into another container, the court may | 3318 |
do one of the following: | 3319 |
(a) Unless division (B)(9)(b) of this section applies, | 3320 |
suspend for not more than six months the offender's driver's | 3321 |
license, probationary driver's license, commercial driver's | 3322 |
license, temporary instruction permit, or nonresident operating | 3323 |
privilege; | 3324 |
(b) If the offender's driver's license, probationary driver's | 3325 |
license, commercial driver's license, temporary instruction | 3326 |
permit, or nonresident operating privilege has previously been | 3327 |
suspended pursuant to division (B)(9)(a) of this section, impose a | 3328 |
class seven suspension of the offender's license, permit, or | 3329 |
privilege from the range specified in division (A)(7) of section | 3330 |
4510.02 of the Revised Code, provided that the suspension shall be | 3331 |
for at least six months. | 3332 |
(c) The court, in lieu of suspending the offender's driver's | 3333 |
or commercial driver's license, probationary driver's license, | 3334 |
temporary instruction permit, or nonresident operating privilege | 3335 |
pursuant to division (B)(9)(a) or (b) of this section, instead may | 3336 |
require the offender to perform community service for a number of | 3337 |
hours determined by the court. | 3338 |
(10) In addition to the penalties described in division | 3339 |
(B)(2) of this section, if the offender committed the violation by | 3340 |
stealing rented property or rental services, the court may order | 3341 |
that the offender make restitution pursuant to section 2929.18 or | 3342 |
2929.28 of the Revised Code. Restitution may include, but is not | 3343 |
limited to, the cost of repairing or replacing the stolen | 3344 |
property, or the cost of repairing the stolen property and any | 3345 |
loss of revenue resulting from deprivation of the property due to | 3346 |
theft of rental services that is less than or equal to the actual | 3347 |
value of the property at the time it was rented. Evidence of | 3348 |
intent to commit theft of rented property or rental services shall | 3349 |
be determined pursuant to the provisions of section 2913.72 of the | 3350 |
Revised Code. | 3351 |
(C) The sentencing court that suspends an offender's license, | 3352 |
permit, or nonresident operating privilege under division (B)(9) | 3353 |
of this section may grant the offender limited driving privileges | 3354 |
during the period of the suspension in accordance with Chapter | 3355 |
4510. of the Revised Code. | 3356 |
Sec. 2921.331. (A) No person shall fail to comply with any | 3357 |
lawful order or direction of any police officer invested with | 3358 |
authority to direct, control, or regulate traffic. | 3359 |
(B) No person shall operate a motor vehicle so as willfully | 3360 |
to elude or flee a police officer after receiving a visible or | 3361 |
audible signal from a police officer to bring the person's motor | 3362 |
vehicle to a stop. | 3363 |
(C)(1) Whoever violates this section is guilty of failure to | 3364 |
comply with an order or signal of a police officer. | 3365 |
(2) A violation of division (A) of this section is a | 3366 |
misdemeanor of the first degree. | 3367 |
(3) Except as provided in divisions (C)(4) and (5) of this | 3368 |
section, a violation of division (B) of this section is a | 3369 |
misdemeanor of the first degree. | 3370 |
(4) Except as provided in division (C)(5) of this section, a | 3371 |
violation of division (B) of this section is a felony of the | 3372 |
fourth degree if the jury or judge as trier of fact finds by proof | 3373 |
beyond a reasonable doubt that, in committing the offense, the | 3374 |
offender was fleeing immediately after the commission of a felony. | 3375 |
(5)(a) A violation of division (B) of this section is a | 3376 |
felony of the third degree if the jury or judge as trier of fact | 3377 |
finds any of the following by proof beyond a reasonable doubt: | 3378 |
(i) The operation of the motor vehicle by the offender was a | 3379 |
proximate cause of serious physical harm to persons or property. | 3380 |
(ii) The operation of the motor vehicle by the offender | 3381 |
caused a substantial risk of serious physical harm to persons or | 3382 |
property. | 3383 |
(b) If a police officer pursues an offender who is violating | 3384 |
division (B) of this section and division (C)(5)(a) of this | 3385 |
section applies, the sentencing court, in determining the | 3386 |
seriousness of an offender's conduct for purposes of sentencing | 3387 |
the offender for a violation of division (B) of this section, | 3388 |
shall consider, along with the factors set forth in sections | 3389 |
2929.12 and 2929.13 of the Revised Code that are required to be | 3390 |
considered, all of the following: | 3391 |
(i) The duration of the pursuit; | 3392 |
(ii) The distance of the pursuit; | 3393 |
(iii) The rate of speed at which the offender operated the | 3394 |
motor vehicle during the pursuit; | 3395 |
(iv) Whether the offender failed to stop for traffic lights | 3396 |
or stop signs during the pursuit; | 3397 |
(v) The number of traffic lights or stop signs for which the | 3398 |
offender failed to stop during the pursuit; | 3399 |
(vi) Whether the offender operated the motor vehicle during | 3400 |
the pursuit without lighted lights during a time when lighted | 3401 |
lights are required; | 3402 |
(vii) Whether the offender committed a moving violation | 3403 |
during the pursuit; | 3404 |
(viii) The number of moving violations the offender committed | 3405 |
during the pursuit; | 3406 |
(ix) Any other relevant factors indicating that the | 3407 |
offender's conduct is more serious than conduct normally | 3408 |
constituting the offense. | 3409 |
(D) If an offender is sentenced pursuant to division (C)(4) | 3410 |
or (5) of this section for a violation of division (B) of this | 3411 |
section, and if the offender is sentenced to a prison term for | 3412 |
that violation, the offender shall serve the prison term | 3413 |
consecutively to any other prison term or mandatory prison term | 3414 |
imposed upon the offender. | 3415 |
(E) In addition to any other sanction imposed for a felony | 3416 |
violation of division (B) of this section, the court shall impose | 3417 |
a class two suspension from the range specified in division (A)(2) | 3418 |
of section 4510.02 of the Revised Code. In addition to any other | 3419 |
sanction imposed for a violation of division (A) of this section | 3420 |
or a misdemeanor violation of division (B) of this section, the | 3421 |
court shall impose a class five suspension from the range | 3422 |
specified in division (A)(5) of section 4510.02 of the Revised | 3423 |
Code. If the offender previously has been found guilty of an | 3424 |
offense under this section, in addition to any other sanction | 3425 |
imposed for the offense, the court shall impose a class one | 3426 |
suspension as described in division (A)(1) of that section. The | 3427 |
court shall not grant limited driving privileges to the offender | 3428 |
on a suspension imposed for a felony violation of this section. | 3429 |
The court may grant limited driving privileges to the offender on | 3430 |
a suspension imposed for a misdemeanor violation of this section | 3431 |
as set forth in section 4510.021 of the Revised Code. No judge | 3432 |
shall suspend the first three years of suspension under a class | 3433 |
two suspension of an offender's license, permit, or privilege | 3434 |
required by this division on any portion of the suspension under a | 3435 |
class one suspension of an offender's license, permit, or | 3436 |
privilege required by this division. | 3437 |
(F) As used in this section: | 3438 |
(1) "Moving violation" has the same meaning as in section | 3439 |
2743.70 of the Revised Code. | 3440 |
(2) "Police officer" has the same meaning as in section | 3441 |
4511.01 of the Revised Code. | 3442 |
Sec. 2923.122. (A) No person shall knowingly convey, or | 3443 |
attempt to convey, a deadly weapon or dangerous ordnance into a | 3444 |
school safety zone. | 3445 |
(B) No person shall knowingly possess a deadly weapon or | 3446 |
dangerous ordnance in a school safety zone. | 3447 |
(C) No person shall knowingly possess an object in a school | 3448 |
safety zone if both of the following apply: | 3449 |
(1) The object is indistinguishable from a firearm, whether | 3450 |
or not the object is capable of being fired. | 3451 |
(2) The person indicates that the person possesses the object | 3452 |
and that it is a firearm, or the person knowingly displays or | 3453 |
brandishes the object and indicates that it is a firearm. | 3454 |
(D)(1) This section does not apply to any of the following: | 3455 |
(a) An officer, agent, or employee of this or any other state | 3456 |
or the United States, or a law enforcement officer, who is | 3457 |
authorized to carry deadly weapons or dangerous ordnance and is | 3458 |
acting within the scope of the officer's, agent's, or employee's | 3459 |
duties, a security officer employed by a board of education or | 3460 |
governing body of a school during the time that the security | 3461 |
officer is on duty pursuant to that contract of employment, or any | 3462 |
other person who has written authorization from the board of | 3463 |
education or governing body of a school to convey deadly weapons | 3464 |
or dangerous ordnance into a school safety zone or to possess a | 3465 |
deadly weapon or dangerous ordnance in a school safety zone and | 3466 |
who conveys or possesses the deadly weapon or dangerous ordnance | 3467 |
in accordance with that authorization; | 3468 |
(b) Any person who is employed in this state, who is | 3469 |
authorized to carry deadly weapons or dangerous ordnance, and who | 3470 |
is subject to and in compliance with the requirements of section | 3471 |
109.801 of the Revised Code, unless the appointing authority of | 3472 |
the person has expressly specified that the exemption provided in | 3473 |
division (D)(1)(b) of this section does not apply to the person. | 3474 |
(2) Division (C) of this section does not apply to premises | 3475 |
upon which home schooling is conducted. Division (C) of this | 3476 |
section also does not apply to a school administrator, teacher, or | 3477 |
employee who possesses an object that is indistinguishable from a | 3478 |
firearm for legitimate school purposes during the course of | 3479 |
employment, a student who uses an object that is indistinguishable | 3480 |
from a firearm under the direction of a school administrator, | 3481 |
teacher, or employee, or any other person who with the express | 3482 |
prior approval of a school administrator possesses an object that | 3483 |
is indistinguishable from a firearm for a legitimate purpose, | 3484 |
including the use of the object in a ceremonial activity, a play, | 3485 |
reenactment, or other dramatic presentation, or a ROTC activity or | 3486 |
another similar use of the object. | 3487 |
(3) This section does not apply to a person who conveys or | 3488 |
attempts to convey a handgun into, or possesses a handgun in, a | 3489 |
school safety zone if, at the time of that conveyance, attempted | 3490 |
conveyance, or possession of the handgun, all of the following | 3491 |
apply: | 3492 |
(a) The person does not enter into a school building or onto | 3493 |
school premises and is not at a school activity. | 3494 |
(b) The person is carrying a valid license or temporary | 3495 |
emergency license to carry a concealed handgun issued to the | 3496 |
person under section 2923.125 or 2923.1213 of the Revised Code or | 3497 |
a license to carry a concealed handgun that was issued by another | 3498 |
state with which the attorney general has entered into a | 3499 |
reciprocity agreement under section 109.69 of the Revised Code. | 3500 |
(c) The person is in the school safety zone in accordance | 3501 |
with 18 U.S.C. 922(q)(2)(B). | 3502 |
(d) The person is not knowingly in a place described in | 3503 |
division (B)(1) or (B)(3) to (10) of section 2923.126 of the | 3504 |
Revised Code. | 3505 |
(4) This section does not apply to a person who conveys or | 3506 |
attempts to convey a handgun into, or possesses a handgun in, a | 3507 |
school safety zone if at the time of that conveyance, attempted | 3508 |
conveyance, or possession of the handgun all of the following | 3509 |
apply: | 3510 |
(a) The person is carrying a valid license or temporary | 3511 |
emergency license to carry a concealed handgun issued to the | 3512 |
person under section 2923.125 or 2923.1213 of the Revised Code or | 3513 |
a license to carry a concealed handgun that was issued by another | 3514 |
state with which the attorney general has entered into a | 3515 |
reciprocity agreement under section 109.69 of the Revised Code. | 3516 |
(b) The person is the driver or passenger in a motor vehicle | 3517 |
and is in the school safety zone while immediately in the process | 3518 |
of picking up or dropping off a child. | 3519 |
(c) The person is not in violation of section 2923.16 of the | 3520 |
Revised Code. | 3521 |
(E)(1) Whoever violates division (A) or (B) of this section | 3522 |
is guilty of illegal conveyance or possession of a deadly weapon | 3523 |
or dangerous ordnance in a school safety zone. Except as otherwise | 3524 |
provided in this division, illegal conveyance or possession of a | 3525 |
deadly weapon or dangerous ordnance in a school safety zone is a | 3526 |
felony of the fifth degree. If the offender previously has been | 3527 |
convicted of a violation of this section, illegal conveyance or | 3528 |
possession of a deadly weapon or dangerous ordnance in a school | 3529 |
safety zone is a felony of the fourth degree. | 3530 |
(2) Whoever violates division (C) of this section is guilty | 3531 |
of illegal possession of an object indistinguishable from a | 3532 |
firearm in a school safety zone. Except as otherwise provided in | 3533 |
this division, illegal possession of an object indistinguishable | 3534 |
from a firearm in a school safety zone is a misdemeanor of the | 3535 |
first degree. If the offender previously has been convicted of a | 3536 |
violation of this section, illegal possession of an object | 3537 |
indistinguishable from a firearm in a school safety zone is a | 3538 |
felony of the fifth degree. | 3539 |
(F)(1) In addition to any other penalty imposed upon a person | 3540 |
who is convicted of or pleads guilty to a violation of this | 3541 |
section and subject to division (F)(2) of this section, if the | 3542 |
offender has not attained nineteen years of age, regardless of | 3543 |
whether the offender is attending or is enrolled in a school | 3544 |
operated by a board of education or for which the state board of | 3545 |
education prescribes minimum standards under section 3301.07 of | 3546 |
the Revised Code, the court shall impose upon the offender a class | 3547 |
four suspension of the offender's probationary driver's license, | 3548 |
restricted license, driver's license, commercial driver's license, | 3549 |
temporary instruction permit, or probationary commercial driver's | 3550 |
license that then is in effect from the range specified in | 3551 |
division (A)(4) of section 4510.02 of the Revised Code and shall | 3552 |
deny the offender the issuance of any permit or license of that | 3553 |
type during the period of the suspension. | 3554 |
If the offender is not a resident of this state, the court | 3555 |
shall impose a class four suspension of the nonresident operating | 3556 |
privilege of the offender from the range specified in division | 3557 |
(A)(4) of section 4510.02 of the Revised Code. | 3558 |
(2) If the offender shows good cause why the court should not | 3559 |
suspend one of the types of licenses, permits, or privileges | 3560 |
specified in division (F)(1) of this section or deny the issuance | 3561 |
of one of the temporary instruction permits specified in that | 3562 |
division, the court in its discretion may choose not to impose the | 3563 |
suspension, revocation, or denial required in that division, but | 3564 |
the court, in its discretion, instead may require the offender to | 3565 |
perform community service for a number of hours determined by the | 3566 |
court. | 3567 |
(G) As used in this section, "object that is | 3568 |
indistinguishable from a firearm" means an object made, | 3569 |
constructed, or altered so that, to a reasonable person without | 3570 |
specialized training in firearms, the object appears to be a | 3571 |
firearm. | 3572 |
Sec. 2925.03. (A) No person shall knowingly do any of the | 3573 |
following: | 3574 |
(1) Sell or offer to sell a controlled substance; | 3575 |
(2) Prepare for shipment, ship, transport, deliver, prepare | 3576 |
for distribution, or distribute a controlled substance, when the | 3577 |
offender knows or has reasonable cause to believe that the | 3578 |
controlled substance is intended for sale or resale by the | 3579 |
offender or another person. | 3580 |
(B) This section does not apply to any of the following: | 3581 |
(1) Manufacturers, licensed health professionals authorized | 3582 |
to prescribe drugs, pharmacists, owners of pharmacies, and other | 3583 |
persons whose conduct is in accordance with Chapters 3719., 4715., | 3584 |
4723., 4729., 4730., 4731., and 4741. of the Revised Code; | 3585 |
(2) If the offense involves an anabolic steroid, any person | 3586 |
who is conducting or participating in a research project involving | 3587 |
the use of an anabolic steroid if the project has been approved by | 3588 |
the United States food and drug administration; | 3589 |
(3) Any person who sells, offers for sale, prescribes, | 3590 |
dispenses, or administers for livestock or other nonhuman species | 3591 |
an anabolic steroid that is expressly intended for administration | 3592 |
through implants to livestock or other nonhuman species and | 3593 |
approved for that purpose under the "Federal Food, Drug, and | 3594 |
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, | 3595 |
and is sold, offered for sale, prescribed, dispensed, or | 3596 |
administered for that purpose in accordance with that act. | 3597 |
(C) Whoever violates division (A) of this section is guilty | 3598 |
of one of the following: | 3599 |
(1) If the drug involved in the violation is any compound, | 3600 |
mixture, preparation, or substance included in schedule I or | 3601 |
schedule II, with the exception of marihuana, | 3602 |
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, | 3603 |
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole, | 3604 |
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, | 3605 |
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, | 3606 |
cocaine, L.S.D., heroin, and hashish, whoever violates division | 3607 |
(A) of this section is guilty of aggravated trafficking in drugs. | 3608 |
The penalty for the offense shall be determined as follows: | 3609 |
(a) Except as otherwise provided in division (C)(1)(b), (c), | 3610 |
(d), (e), or (f) of this section, aggravated trafficking in drugs | 3611 |
is a felony of the fourth degree, and division (C) of section | 3612 |
2929.13 of the Revised Code applies in determining whether to | 3613 |
impose a prison term on the offender. | 3614 |
(b) Except as otherwise provided in division (C)(1)(c), (d), | 3615 |
(e), or (f) of this section, if the offense was committed in the | 3616 |
vicinity of a school or in the vicinity of a juvenile, aggravated | 3617 |
trafficking in drugs is a felony of the third degree, and division | 3618 |
(C) of section 2929.13 of the Revised Code applies in determining | 3619 |
whether to impose a prison term on the offender. | 3620 |
(c) Except as otherwise provided in this division, if the | 3621 |
amount of the drug involved equals or exceeds the bulk amount but | 3622 |
is less than five times the bulk amount, aggravated trafficking in | 3623 |
drugs is a felony of the third degree, and, except as otherwise | 3624 |
provided in this division, there is a presumption for a prison | 3625 |
term for the offense. If aggravated trafficking in drugs is a | 3626 |
felony of the third degree under this division and if the offender | 3627 |
two or more times previously has been convicted of or pleaded | 3628 |
guilty to a felony drug abuse offense, the court shall impose as a | 3629 |
mandatory prison term one of the prison terms prescribed for a | 3630 |
felony of the third degree. If the amount of the drug involved is | 3631 |
within that range and if the offense was committed in the vicinity | 3632 |
of a school or in the vicinity of a juvenile, aggravated | 3633 |
trafficking in drugs is a felony of the second degree, and the | 3634 |
court shall impose as a mandatory prison term one of the prison | 3635 |
terms prescribed for a felony of the second degree. | 3636 |
(d) Except as otherwise provided in this division, if the | 3637 |
amount of the drug involved equals or exceeds five times the bulk | 3638 |
amount but is less than fifty times the bulk amount, aggravated | 3639 |
trafficking in drugs is a felony of the second degree, and the | 3640 |
court shall impose as a mandatory prison term one of the prison | 3641 |
terms prescribed for a felony of the second degree. If the amount | 3642 |
of the drug involved is within that range and if the offense was | 3643 |
committed in the vicinity of a school or in the vicinity of a | 3644 |
juvenile, aggravated trafficking in drugs is a felony of the first | 3645 |
degree, and the court shall impose as a mandatory prison term one | 3646 |
of the prison terms prescribed for a felony of the first degree. | 3647 |
(e) If the amount of the drug involved equals or exceeds | 3648 |
fifty times the bulk amount but is less than one hundred times the | 3649 |
bulk amount and regardless of whether the offense was committed in | 3650 |
the vicinity of a school or in the vicinity of a juvenile, | 3651 |
aggravated trafficking in drugs is a felony of the first degree, | 3652 |
and the court shall impose as a mandatory prison term one of the | 3653 |
prison terms prescribed for a felony of the first degree. | 3654 |
(f) If the amount of the drug involved equals or exceeds one | 3655 |
hundred times the bulk amount and regardless of whether the | 3656 |
offense was committed in the vicinity of a school or in the | 3657 |
vicinity of a juvenile, aggravated trafficking in drugs is a | 3658 |
felony of the first degree, the offender is a major drug offender, | 3659 |
and the court shall impose as a mandatory prison term the maximum | 3660 |
prison term prescribed for a felony of the first degree. | 3661 |
(2) If the drug involved in the violation is any compound, | 3662 |
mixture, preparation, or substance included in schedule III, IV, | 3663 |
or V, whoever violates division (A) of this section is guilty of | 3664 |
trafficking in drugs. The penalty for the offense shall be | 3665 |
determined as follows: | 3666 |
(a) Except as otherwise provided in division (C)(2)(b), (c), | 3667 |
(d), or (e) of this section, trafficking in drugs is a felony of | 3668 |
the fifth degree, and division | 3669 |
Revised Code applies in determining whether to impose a prison | 3670 |
term on the offender. | 3671 |
(b) Except as otherwise provided in division (C)(2)(c), (d), | 3672 |
or (e) of this section, if the offense was committed in the | 3673 |
vicinity of a school or in the vicinity of a juvenile, trafficking | 3674 |
in drugs is a felony of the fourth degree, and division (C) of | 3675 |
section 2929.13 of the Revised Code applies in determining whether | 3676 |
to impose a prison term on the offender. | 3677 |
(c) Except as otherwise provided in this division, if the | 3678 |
amount of the drug involved equals or exceeds the bulk amount but | 3679 |
is less than five times the bulk amount, trafficking in drugs is a | 3680 |
felony of the fourth degree, and division (B) of section 2929.13 | 3681 |
of the Revised Code applies in determining whether to impose a | 3682 |
prison term for the offense. If the amount of the drug involved is | 3683 |
within that range and if the offense was committed in the vicinity | 3684 |
of a school or in the vicinity of a juvenile, trafficking in drugs | 3685 |
is a felony of the third degree, and there is a presumption for a | 3686 |
prison term for the offense. | 3687 |
(d) Except as otherwise provided in this division, if the | 3688 |
amount of the drug involved equals or exceeds five times the bulk | 3689 |
amount but is less than fifty times the bulk amount, trafficking | 3690 |
in drugs is a felony of the third degree, and there is a | 3691 |
presumption for a prison term for the offense. If the amount of | 3692 |
the drug involved is within that range and if the offense was | 3693 |
committed in the vicinity of a school or in the vicinity of a | 3694 |
juvenile, trafficking in drugs is a felony of the second degree, | 3695 |
and there is a presumption for a prison term for the offense. | 3696 |
(e) Except as otherwise provided in this division, if the | 3697 |
amount of the drug involved equals or exceeds fifty times the bulk | 3698 |
amount, trafficking in drugs is a felony of the second degree, and | 3699 |
the court shall impose as a mandatory prison term one of the | 3700 |
prison terms prescribed for a felony of the second degree. If the | 3701 |
amount of the drug involved equals or exceeds fifty times the bulk | 3702 |
amount and if the offense was committed in the vicinity of a | 3703 |
school or in the vicinity of a juvenile, trafficking in drugs is a | 3704 |
felony of the first degree, and the court shall impose as a | 3705 |
mandatory prison term one of the prison terms prescribed for a | 3706 |
felony of the first degree. | 3707 |
(3) If the drug involved in the violation is marihuana or a | 3708 |
compound, mixture, preparation, or substance containing marihuana | 3709 |
other than hashish, whoever violates division (A) of this section | 3710 |
is guilty of trafficking in marihuana. The penalty for the offense | 3711 |
shall be determined as follows: | 3712 |
(a) Except as otherwise provided in division (C)(3)(b), (c), | 3713 |
(d), (e), (f), (g), or (h) of this section, trafficking in | 3714 |
marihuana is a felony of the fifth degree, and division (B) of | 3715 |
section 2929.13 of the Revised Code applies in determining whether | 3716 |
to impose a prison term on the offender. | 3717 |
(b) Except as otherwise provided in division (C)(3)(c), (d), | 3718 |
(e), (f), (g), or (h) of this section, if the offense was | 3719 |
committed in the vicinity of a school or in the vicinity of a | 3720 |
juvenile, trafficking in marihuana is a felony of the fourth | 3721 |
degree, and division (B) of section 2929.13 of the Revised Code | 3722 |
applies in determining whether to impose a prison term on the | 3723 |
offender. | 3724 |
(c) Except as otherwise provided in this division, if the | 3725 |
amount of the drug involved equals or exceeds two hundred grams | 3726 |
but is less than one thousand grams, trafficking in marihuana is a | 3727 |
felony of the fourth degree, and division (B) of section 2929.13 | 3728 |
of the Revised Code applies in determining whether to impose a | 3729 |
prison term on the offender. If the amount of the drug involved is | 3730 |
within that range and if the offense was committed in the vicinity | 3731 |
of a school or in the vicinity of a juvenile, trafficking in | 3732 |
marihuana is a felony of the third degree, and division (C) of | 3733 |
section 2929.13 of the Revised Code applies in determining whether | 3734 |
to impose a prison term on the offender. | 3735 |
(d) Except as otherwise provided in this division, if the | 3736 |
amount of the drug involved equals or exceeds one thousand grams | 3737 |
but is less than five thousand grams, trafficking in marihuana is | 3738 |
a felony of the third degree, and division (C) of section 2929.13 | 3739 |
of the Revised Code applies in determining whether to impose a | 3740 |
prison term on the offender. If the amount of the drug involved is | 3741 |
within that range and if the offense was committed in the vicinity | 3742 |
of a school or in the vicinity of a juvenile, trafficking in | 3743 |
marihuana is a felony of the second degree, and there is a | 3744 |
presumption that a prison term shall be imposed for the offense. | 3745 |
(e) Except as otherwise provided in this division, if the | 3746 |
amount of the drug involved equals or exceeds five thousand grams | 3747 |
but is less than twenty thousand grams, trafficking in marihuana | 3748 |
is a felony of the third degree, and there is a presumption that a | 3749 |
prison term shall be imposed for the offense. If the amount of the | 3750 |
drug involved is within that range and if the offense was | 3751 |
committed in the vicinity of a school or in the vicinity of a | 3752 |
juvenile, trafficking in marihuana is a felony of the second | 3753 |
degree, and there is a presumption that a prison term shall be | 3754 |
imposed for the offense. | 3755 |
(f) Except as otherwise provided in this division, if the | 3756 |
amount of the drug involved equals or exceeds twenty thousand | 3757 |
grams but is less than forty thousand grams, trafficking in | 3758 |
marihuana is a felony of the second degree, and the court shall | 3759 |
impose a mandatory prison term of five, six, seven, or eight | 3760 |
years. If the amount of the drug involved is within that range and | 3761 |
if the offense was committed in the vicinity of a school or in the | 3762 |
vicinity of a juvenile, trafficking in marihuana is a felony of | 3763 |
the first degree, and the court shall impose as a mandatory prison | 3764 |
term the maximum prison term prescribed for a felony of the first | 3765 |
degree. | 3766 |
(g) Except as otherwise provided in this division, if the | 3767 |
amount of the drug involved equals or exceeds forty thousand | 3768 |
grams, trafficking in marihuana is a felony of the second degree, | 3769 |
and the court shall impose as a mandatory prison term the maximum | 3770 |
prison term prescribed for a felony of the second degree. If the | 3771 |
amount of the drug involved equals or exceeds forty thousand grams | 3772 |
and if the offense was committed in the vicinity of a school or in | 3773 |
the vicinity of a juvenile, trafficking in marihuana is a felony | 3774 |
of the first degree, and the court shall impose as a mandatory | 3775 |
prison term the maximum prison term prescribed for a felony of the | 3776 |
first degree. | 3777 |
(h) Except as otherwise provided in this division, if the | 3778 |
offense involves a gift of twenty grams or less of marihuana, | 3779 |
trafficking in marihuana is a minor misdemeanor upon a first | 3780 |
offense and a misdemeanor of the third degree upon a subsequent | 3781 |
offense. If the offense involves a gift of twenty grams or less of | 3782 |
marihuana and if the offense was committed in the vicinity of a | 3783 |
school or in the vicinity of a juvenile, trafficking in marihuana | 3784 |
is a misdemeanor of the third degree. | 3785 |
(4) If the drug involved in the violation is cocaine or a | 3786 |
compound, mixture, preparation, or substance containing cocaine, | 3787 |
whoever violates division (A) of this section is guilty of | 3788 |
trafficking in cocaine. The penalty for the offense shall be | 3789 |
determined as follows: | 3790 |
(a) Except as otherwise provided in division (C)(4)(b), (c), | 3791 |
(d), (e), (f), or (g) of this section, trafficking in cocaine is a | 3792 |
felony of the fifth degree, and division | 3793 |
of the Revised Code applies in determining whether to impose a | 3794 |
prison term on the offender. | 3795 |
(b) Except as otherwise provided in division (C)(4)(c), (d), | 3796 |
(e), (f), or (g) of this section, if the offense was committed in | 3797 |
the vicinity of a school or in the vicinity of a juvenile, | 3798 |
trafficking in cocaine is a felony of the fourth degree, and | 3799 |
division (C) of section 2929.13 of the Revised Code applies in | 3800 |
determining whether to impose a prison term on the offender. | 3801 |
(c) Except as otherwise provided in this division, if the | 3802 |
amount of the drug involved equals or exceeds five grams but is | 3803 |
less than ten grams of cocaine, trafficking in cocaine is a felony | 3804 |
of the fourth degree, and division (B) of section 2929.13 of the | 3805 |
Revised Code applies in determining whether to impose a prison | 3806 |
term for the offense. If the amount of the drug involved is within | 3807 |
that range and if the offense was committed in the vicinity of a | 3808 |
school or in the vicinity of a juvenile, trafficking in cocaine is | 3809 |
a felony of the third degree, and there is a presumption for a | 3810 |
prison term for the offense. | 3811 |
(d) Except as otherwise provided in this division, if the | 3812 |
amount of the drug involved equals or exceeds ten grams but is | 3813 |
less than twenty grams of cocaine, trafficking in cocaine is a | 3814 |
felony of the third degree, and, except as otherwise provided in | 3815 |
this division, there is a presumption for a prison term for the | 3816 |
offense. If trafficking in cocaine is a felony of the third degree | 3817 |
under this division and if the offender two or more times | 3818 |
previously has been convicted of or pleaded guilty to a felony | 3819 |
drug abuse offense, the court shall impose as a mandatory prison | 3820 |
term one of the prison terms prescribed for a felony of the third | 3821 |
degree. If the amount of the drug involved is within that range | 3822 |
and if the offense was committed in the vicinity of a school or in | 3823 |
the vicinity of a juvenile, trafficking in cocaine is a felony of | 3824 |
the second degree, and the court shall impose as a mandatory | 3825 |
prison term one of the prison terms prescribed for a felony of the | 3826 |
second degree. | 3827 |
(e) Except as otherwise provided in this division, if the | 3828 |
amount of the drug involved equals or exceeds twenty grams but is | 3829 |
less than twenty-seven grams of cocaine, trafficking in cocaine is | 3830 |
a felony of the second degree, and the court shall impose as a | 3831 |
mandatory prison term one of the prison terms prescribed for a | 3832 |
felony of the second degree. If the amount of the drug involved is | 3833 |
within that range and if the offense was committed in the vicinity | 3834 |
of a school or in the vicinity of a juvenile, trafficking in | 3835 |
cocaine is a felony of the first degree, and the court shall | 3836 |
impose as a mandatory prison term one of the prison terms | 3837 |
prescribed for a felony of the first degree. | 3838 |
(f) If the amount of the drug involved equals or exceeds | 3839 |
twenty-seven grams but is less than one hundred grams of cocaine | 3840 |
and regardless of whether the offense was committed in the | 3841 |
vicinity of a school or in the vicinity of a juvenile, trafficking | 3842 |
in cocaine is a felony of the first degree, and the court shall | 3843 |
impose as a mandatory prison term one of the prison terms | 3844 |
prescribed for a felony of the first degree. | 3845 |
(g) If the amount of the drug involved equals or exceeds one | 3846 |
hundred grams of cocaine and regardless of whether the offense was | 3847 |
committed in the vicinity of a school or in the vicinity of a | 3848 |
juvenile, trafficking in cocaine is a felony of the first degree, | 3849 |
the offender is a major drug offender, and the court shall impose | 3850 |
as a mandatory prison term the maximum prison term prescribed for | 3851 |
a felony of the first degree. | 3852 |
(5) If the drug involved in the violation is L.S.D. or a | 3853 |
compound, mixture, preparation, or substance containing L.S.D., | 3854 |
whoever violates division (A) of this section is guilty of | 3855 |
trafficking in L.S.D. The penalty for the offense shall be | 3856 |
determined as follows: | 3857 |
(a) Except as otherwise provided in division (C)(5)(b), (c), | 3858 |
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a | 3859 |
felony of the fifth degree, and division | 3860 |
of the Revised Code applies in determining whether to impose a | 3861 |
prison term on the offender. | 3862 |
(b) Except as otherwise provided in division (C)(5)(c), (d), | 3863 |
(e), (f), or (g) of this section, if the offense was committed in | 3864 |
the vicinity of a school or in the vicinity of a juvenile, | 3865 |
trafficking in L.S.D. is a felony of the fourth degree, and | 3866 |
division (C) of section 2929.13 of the Revised Code applies in | 3867 |
determining whether to impose a prison term on the offender. | 3868 |
(c) Except as otherwise provided in this division, if the | 3869 |
amount of the drug involved equals or exceeds ten unit doses but | 3870 |
is less than fifty unit doses of L.S.D. in a solid form or equals | 3871 |
or exceeds one gram but is less than five grams of L.S.D. in a | 3872 |
liquid concentrate, liquid extract, or liquid distillate form, | 3873 |
trafficking in L.S.D. is a felony of the fourth degree, and | 3874 |
division (B) of section 2929.13 of the Revised Code applies in | 3875 |
determining whether to impose a prison term for the offense. If | 3876 |
the amount of the drug involved is within that range and if the | 3877 |
offense was committed in the vicinity of a school or in the | 3878 |
vicinity of a juvenile, trafficking in L.S.D. is a felony of the | 3879 |
third degree, and there is a presumption for a prison term for the | 3880 |
offense. | 3881 |
(d) Except as otherwise provided in this division, if the | 3882 |
amount of the drug involved equals or exceeds fifty unit doses but | 3883 |
is less than two hundred fifty unit doses of L.S.D. in a solid | 3884 |
form or equals or exceeds five grams but is less than twenty-five | 3885 |
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid | 3886 |
distillate form, trafficking in L.S.D. is a felony of the third | 3887 |
degree, and, except as otherwise provided in this division, there | 3888 |
is a presumption for a prison term for the offense. If trafficking | 3889 |
in L.S.D. is a felony of the third degree under this division and | 3890 |
if the offender two or more times previously has been convicted of | 3891 |
or pleaded guilty to a felony drug abuse offense, the court shall | 3892 |
impose as a mandatory prison term one of the prison terms | 3893 |
prescribed for a felony of the third degree. If the amount of the | 3894 |
drug involved is within that range and if the offense was | 3895 |
committed in the vicinity of a school or in the vicinity of a | 3896 |
juvenile, trafficking in L.S.D. is a felony of the second degree, | 3897 |
and the court shall impose as a mandatory prison term one of the | 3898 |
prison terms prescribed for a felony of the second degree. | 3899 |
(e) Except as otherwise provided in this division, if the | 3900 |
amount of the drug involved equals or exceeds two hundred fifty | 3901 |
unit doses but is less than one thousand unit doses of L.S.D. in a | 3902 |
solid form or equals or exceeds twenty-five grams but is less than | 3903 |
one hundred grams of L.S.D. in a liquid concentrate, liquid | 3904 |
extract, or liquid distillate form, trafficking in L.S.D. is a | 3905 |
felony of the second degree, and the court shall impose as a | 3906 |
mandatory prison term one of the prison terms prescribed for a | 3907 |
felony of the second degree. If the amount of the drug involved is | 3908 |
within that range and if the offense was committed in the vicinity | 3909 |
of a school or in the vicinity of a juvenile, trafficking in | 3910 |
L.S.D. is a felony of the first degree, and the court shall impose | 3911 |
as a mandatory prison term one of the prison terms prescribed for | 3912 |
a felony of the first degree. | 3913 |
(f) If the amount of the drug involved equals or exceeds one | 3914 |
thousand unit doses but is less than five thousand unit doses of | 3915 |
L.S.D. in a solid form or equals or exceeds one hundred grams but | 3916 |
is less than five hundred grams of L.S.D. in a liquid concentrate, | 3917 |
liquid extract, or liquid distillate form and regardless of | 3918 |
whether the offense was committed in the vicinity of a school or | 3919 |
in the vicinity of a juvenile, trafficking in L.S.D. is a felony | 3920 |
of the first degree, and the court shall impose as a mandatory | 3921 |
prison term one of the prison terms prescribed for a felony of the | 3922 |
first degree. | 3923 |
(g) If the amount of the drug involved equals or exceeds five | 3924 |
thousand unit doses of L.S.D. in a solid form or equals or exceeds | 3925 |
five hundred grams of L.S.D. in a liquid concentrate, liquid | 3926 |
extract, or liquid distillate form and regardless of whether the | 3927 |
offense was committed in the vicinity of a school or in the | 3928 |
vicinity of a juvenile, trafficking in L.S.D. is a felony of the | 3929 |
first degree, the offender is a major drug offender, and the court | 3930 |
shall impose as a mandatory prison term the maximum prison term | 3931 |
prescribed for a felony of the first degree. | 3932 |
(6) If the drug involved in the violation is heroin or a | 3933 |
compound, mixture, preparation, or substance containing heroin, | 3934 |
whoever violates division (A) of this section is guilty of | 3935 |
trafficking in heroin. The penalty for the offense shall be | 3936 |
determined as follows: | 3937 |
(a) Except as otherwise provided in division (C)(6)(b), (c), | 3938 |
(d), (e), (f), or (g) of this section, trafficking in heroin is a | 3939 |
felony of the fifth degree, and division | 3940 |
of the Revised Code applies in determining whether to impose a | 3941 |
prison term on the offender. | 3942 |
(b) Except as otherwise provided in division (C)(6)(c), (d), | 3943 |
(e), (f), or (g) of this section, if the offense was committed in | 3944 |
the vicinity of a school or in the vicinity of a juvenile, | 3945 |
trafficking in heroin is a felony of the fourth degree, and | 3946 |
division (C) of section 2929.13 of the Revised Code applies in | 3947 |
determining whether to impose a prison term on the offender. | 3948 |
(c) Except as otherwise provided in this division, if the | 3949 |
amount of the drug involved equals or exceeds ten unit doses but | 3950 |
is less than fifty unit doses or equals or exceeds one gram but is | 3951 |
less than five grams, trafficking in heroin is a felony of the | 3952 |
fourth degree, and division (B) of section 2929.13 of the Revised | 3953 |
Code applies in determining whether to impose a prison term for | 3954 |
the offense. If the amount of the drug involved is within that | 3955 |
range and if the offense was committed in the vicinity of a school | 3956 |
or in the vicinity of a juvenile, trafficking in heroin is a | 3957 |
felony of the third degree, and there is a presumption for a | 3958 |
prison term for the offense. | 3959 |
(d) Except as otherwise provided in this division, if the | 3960 |
amount of the drug involved equals or exceeds fifty unit doses but | 3961 |
is less than one hundred unit doses or equals or exceeds five | 3962 |
grams but is less than ten grams, trafficking in heroin is a | 3963 |
felony of the third degree, and there is a presumption for a | 3964 |
prison term for the offense. If the amount of the drug involved is | 3965 |
within that range and if the offense was committed in the vicinity | 3966 |
of a school or in the vicinity of a juvenile, trafficking in | 3967 |
heroin is a felony of the second degree, and there is a | 3968 |
presumption for a prison term for the offense. | 3969 |
(e) Except as otherwise provided in this division, if the | 3970 |
amount of the drug involved equals or exceeds one hundred unit | 3971 |
doses but is less than five hundred unit doses or equals or | 3972 |
exceeds ten grams but is less than fifty grams, trafficking in | 3973 |
heroin is a felony of the second degree, and the court shall | 3974 |
impose as a mandatory prison term one of the prison terms | 3975 |
prescribed for a felony of the second degree. If the amount of the | 3976 |
drug involved is within that range and if the offense was | 3977 |
committed in the vicinity of a school or in the vicinity of a | 3978 |
juvenile, trafficking in heroin is a felony of the first degree, | 3979 |
and the court shall impose as a mandatory prison term one of the | 3980 |
prison terms prescribed for a felony of the first degree. | 3981 |
(f) If the amount of the drug involved equals or exceeds five | 3982 |
hundred unit doses but is less than two thousand five hundred unit | 3983 |
doses or equals or exceeds fifty grams but is less than two | 3984 |
hundred fifty grams and regardless of whether the offense was | 3985 |
committed in the vicinity of a school or in the vicinity of a | 3986 |
juvenile, trafficking in heroin is a felony of the first degree, | 3987 |
and the court shall impose as a mandatory prison term one of the | 3988 |
prison terms prescribed for a felony of the first degree. | 3989 |
(g) If the amount of the drug involved equals or exceeds two | 3990 |
thousand five hundred unit doses or equals or exceeds two hundred | 3991 |
fifty grams and regardless of whether the offense was committed in | 3992 |
the vicinity of a school or in the vicinity of a juvenile, | 3993 |
trafficking in heroin is a felony of the first degree, the | 3994 |
offender is a major drug offender, and the court shall impose as a | 3995 |
mandatory prison term the maximum prison term prescribed for a | 3996 |
felony of the first degree. | 3997 |
(7) If the drug involved in the violation is hashish or a | 3998 |
compound, mixture, preparation, or substance containing hashish, | 3999 |
whoever violates division (A) of this section is guilty of | 4000 |
trafficking in hashish. The penalty for the offense shall be | 4001 |
determined as follows: | 4002 |
(a) Except as otherwise provided in division (C)(7)(b), (c), | 4003 |
(d), (e), (f), or (g) of this section, trafficking in hashish is a | 4004 |
felony of the fifth degree, and division (B) of section 2929.13 of | 4005 |
the Revised Code applies in determining whether to impose a prison | 4006 |
term on the offender. | 4007 |
(b) Except as otherwise provided in division (C)(7)(c), (d), | 4008 |
(e), (f), or (g) of this section, if the offense was committed in | 4009 |
the vicinity of a school or in the vicinity of a juvenile, | 4010 |
trafficking in hashish is a felony of the fourth degree, and | 4011 |
division (B) of section 2929.13 of the Revised Code applies in | 4012 |
determining whether to impose a prison term on the offender. | 4013 |
(c) Except as otherwise provided in this division, if the | 4014 |
amount of the drug involved equals or exceeds ten grams but is | 4015 |
less than fifty grams of hashish in a solid form or equals or | 4016 |
exceeds two grams but is less than ten grams of hashish in a | 4017 |
liquid concentrate, liquid extract, or liquid distillate form, | 4018 |
trafficking in hashish is a felony of the fourth degree, and | 4019 |
division (B) of section 2929.13 of the Revised Code applies in | 4020 |
determining whether to impose a prison term on the offender. If | 4021 |
the amount of the drug involved is within that range and if the | 4022 |
offense was committed in the vicinity of a school or in the | 4023 |
vicinity of a juvenile, trafficking in hashish is a felony of the | 4024 |
third degree, and division (C) of section 2929.13 of the Revised | 4025 |
Code applies in determining whether to impose a prison term on the | 4026 |
offender. | 4027 |
(d) Except as otherwise provided in this division, if the | 4028 |
amount of the drug involved equals or exceeds fifty grams but is | 4029 |
less than two hundred fifty grams of hashish in a solid form or | 4030 |
equals or exceeds ten grams but is less than fifty grams of | 4031 |
hashish in a liquid concentrate, liquid extract, or liquid | 4032 |
distillate form, trafficking in hashish is a felony of the third | 4033 |
degree, and division (C) of section 2929.13 of the Revised Code | 4034 |
applies in determining whether to impose a prison term on the | 4035 |
offender. If the amount of the drug involved is within that range | 4036 |
and if the offense was committed in the vicinity of a school or in | 4037 |
the vicinity of a juvenile, trafficking in hashish is a felony of | 4038 |
the second degree, and there is a presumption that a prison term | 4039 |
shall be imposed for the offense. | 4040 |
(e) Except as otherwise provided in this division, if the | 4041 |
amount of the drug involved equals or exceeds two hundred fifty | 4042 |
grams but is less than one thousand grams of hashish in a solid | 4043 |
form or equals or exceeds fifty grams but is less than two hundred | 4044 |
grams of hashish in a liquid concentrate, liquid extract, or | 4045 |
liquid distillate form, trafficking in hashish is a felony of the | 4046 |
third degree, and there is a presumption that a prison term shall | 4047 |
be imposed for the offense. If the amount of the drug involved is | 4048 |
within that range and if the offense was committed in the vicinity | 4049 |
of a school or in the vicinity of a juvenile, trafficking in | 4050 |
hashish is a felony of the second degree, and there is a | 4051 |
presumption that a prison term shall be imposed for the offense. | 4052 |
(f) Except as otherwise provided in this division, if the | 4053 |
amount of the drug involved equals or exceeds one thousand grams | 4054 |
but is less than two thousand grams of hashish in a solid form or | 4055 |
equals or exceeds two hundred grams but is less than four hundred | 4056 |
grams of hashish in a liquid concentrate, liquid extract, or | 4057 |
liquid distillate form, trafficking in hashish is a felony of the | 4058 |
second degree, and the court shall impose a mandatory prison term | 4059 |
of five, six, seven, or eight years. If the amount of the drug | 4060 |
involved is within that range and if the offense was committed in | 4061 |
the vicinity of a school or in the vicinity of a juvenile, | 4062 |
trafficking in hashish is a felony of the first degree, and the | 4063 |
court shall impose as a mandatory prison term the maximum prison | 4064 |
term prescribed for a felony of the first degree. | 4065 |
(g) Except as otherwise provided in this division, if the | 4066 |
amount of the drug involved equals or exceeds two thousand grams | 4067 |
of hashish in a solid form or equals or exceeds four hundred grams | 4068 |
of hashish in a liquid concentrate, liquid extract, or liquid | 4069 |
distillate form, trafficking in hashish is a felony of the second | 4070 |
degree, and the court shall impose as a mandatory prison term the | 4071 |
maximum prison term prescribed for a felony of the second degree. | 4072 |
If the amount of the drug involved equals or exceeds two thousand | 4073 |
grams of hashish in a solid form or equals or exceeds four hundred | 4074 |
grams of hashish in a liquid concentrate, liquid extract, or | 4075 |
liquid distillate form and if the offense was committed in the | 4076 |
vicinity of a school or in the vicinity of a juvenile, trafficking | 4077 |
in hashish is a felony of the first degree, and the court shall | 4078 |
impose as a mandatory prison term the maximum prison term | 4079 |
prescribed for a felony of the first degree. | 4080 |
(8) If the drug involved in the violation is | 4081 |
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, | 4082 |
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole, | 4083 |
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or | 4084 |
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol or a | 4085 |
compound, mixture, preparation, or substance containing | 4086 |
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, | 4087 |
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole, | 4088 |
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or | 4089 |
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, | 4090 |
whoever violates division (A) of this section is guilty of | 4091 |
trafficking in spice. The penalty for the offense shall be | 4092 |
determined as follows: | 4093 |
(a) Except as otherwise provided in division (C)(8)(b) of | 4094 |
this section, trafficking in spice is a felony of the fifth | 4095 |
degree, and division (C) of section 2929.13 of the Revised Code | 4096 |
applies in determining whether to impose a prison term on the | 4097 |
offender. | 4098 |
(b) If the offense was committed in the vicinity of a school | 4099 |
or in the vicinity of a juvenile, trafficking in spice is a felony | 4100 |
of the fourth degree, and division (C) of section 2929.13 of the | 4101 |
Revised Code applies in determining whether to impose a prison | 4102 |
term on the offender. | 4103 |
(D) In addition to any prison term authorized or required by | 4104 |
division (C) of this section and sections 2929.13 and 2929.14 of | 4105 |
the Revised Code, and in addition to any other sanction imposed | 4106 |
for the offense under this section or sections 2929.11 to 2929.18 | 4107 |
of the Revised Code, the court that sentences an offender who is | 4108 |
convicted of or pleads guilty to a violation of division (A) of | 4109 |
this section shall do all of the following that are applicable | 4110 |
regarding the offender: | 4111 |
(1) If the violation of division (A) of this section is a | 4112 |
felony of the first, second, or third degree, the court shall | 4113 |
impose upon the offender the mandatory fine specified for the | 4114 |
offense under division (B)(1) of section 2929.18 of the Revised | 4115 |
Code unless, as specified in that division, the court determines | 4116 |
that the offender is indigent. Except as otherwise provided in | 4117 |
division (H)(1) of this section, a mandatory fine or any other | 4118 |
fine imposed for a violation of this section is subject to | 4119 |
division (F) of this section. If a person is charged with a | 4120 |
violation of this section that is a felony of the first, second, | 4121 |
or third degree, posts bail, and forfeits the bail, the clerk of | 4122 |
the court shall pay the forfeited bail pursuant to divisions | 4123 |
(D)(1) and (F) of this section, as if the forfeited bail was a | 4124 |
fine imposed for a violation of this section. If any amount of the | 4125 |
forfeited bail remains after that payment and if a fine is imposed | 4126 |
under division (H)(1) of this section, the clerk of the court | 4127 |
shall pay the remaining amount of the forfeited bail pursuant to | 4128 |
divisions (H)(2) and (3) of this section, as if that remaining | 4129 |
amount was a fine imposed under division (H)(1) of this section. | 4130 |
(2) The court shall suspend the driver's or commercial | 4131 |
driver's license or permit of the offender in accordance with | 4132 |
division (G) of this section. | 4133 |
(3) If the offender is a professionally licensed person, the | 4134 |
court immediately shall comply with section 2925.38 of the Revised | 4135 |
Code. | 4136 |
(E) When a person is charged with the sale of or offer to | 4137 |
sell a bulk amount or a multiple of a bulk amount of a controlled | 4138 |
substance, the jury, or the court trying the accused, shall | 4139 |
determine the amount of the controlled substance involved at the | 4140 |
time of the offense and, if a guilty verdict is returned, shall | 4141 |
return the findings as part of the verdict. In any such case, it | 4142 |
is unnecessary to find and return the exact amount of the | 4143 |
controlled substance involved, and it is sufficient if the finding | 4144 |
and return is to the effect that the amount of the controlled | 4145 |
substance involved is the requisite amount, or that the amount of | 4146 |
the controlled substance involved is less than the requisite | 4147 |
amount. | 4148 |
(F)(1) Notwithstanding any contrary provision of section | 4149 |
3719.21 of the Revised Code and except as provided in division (H) | 4150 |
of this section, the clerk of the court shall pay any mandatory | 4151 |
fine imposed pursuant to division (D)(1) of this section and any | 4152 |
fine other than a mandatory fine that is imposed for a violation | 4153 |
of this section pursuant to division (A) or (B)(5) of section | 4154 |
2929.18 of the Revised Code to the county, township, municipal | 4155 |
corporation, park district, as created pursuant to section 511.18 | 4156 |
or 1545.04 of the Revised Code, or state law enforcement agencies | 4157 |
in this state that primarily were responsible for or involved in | 4158 |
making the arrest of, and in prosecuting, the offender. However, | 4159 |
the clerk shall not pay a mandatory fine so imposed to a law | 4160 |
enforcement agency unless the agency has adopted a written | 4161 |
internal control policy under division (F)(2) of this section that | 4162 |
addresses the use of the fine moneys that it receives. Each agency | 4163 |
shall use the mandatory fines so paid to subsidize the agency's | 4164 |
law enforcement efforts that pertain to drug offenses, in | 4165 |
accordance with the written internal control policy adopted by the | 4166 |
recipient agency under division (F)(2) of this section. | 4167 |
(2)(a) Prior to receiving any fine moneys under division | 4168 |
(F)(1) of this section or division (B) of section 2925.42 of the | 4169 |
Revised Code, a law enforcement agency shall adopt a written | 4170 |
internal control policy that addresses the agency's use and | 4171 |
disposition of all fine moneys so received and that provides for | 4172 |
the keeping of detailed financial records of the receipts of those | 4173 |
fine moneys, the general types of expenditures made out of those | 4174 |
fine moneys, and the specific amount of each general type of | 4175 |
expenditure. The policy shall not provide for or permit the | 4176 |
identification of any specific expenditure that is made in an | 4177 |
ongoing investigation. All financial records of the receipts of | 4178 |
those fine moneys, the general types of expenditures made out of | 4179 |
those fine moneys, and the specific amount of each general type of | 4180 |
expenditure by an agency are public records open for inspection | 4181 |
under section 149.43 of the Revised Code. Additionally, a written | 4182 |
internal control policy adopted under this division is such a | 4183 |
public record, and the agency that adopted it shall comply with | 4184 |
it. | 4185 |
(b) Each law enforcement agency that receives in any calendar | 4186 |
year any fine moneys under division (F)(1) of this section or | 4187 |
division (B) of section 2925.42 of the Revised Code shall prepare | 4188 |
a report covering the calendar year that cumulates all of the | 4189 |
information contained in all of the public financial records kept | 4190 |
by the agency pursuant to division (F)(2)(a) of this section for | 4191 |
that calendar year, and shall send a copy of the cumulative | 4192 |
report, no later than the first day of March in the calendar year | 4193 |
following the calendar year covered by the report, to the attorney | 4194 |
general. Each report received by the attorney general is a public | 4195 |
record open for inspection under section 149.43 of the Revised | 4196 |
Code. Not later than the fifteenth day of April in the calendar | 4197 |
year in which the reports are received, the attorney general shall | 4198 |
send to the president of the senate and the speaker of the house | 4199 |
of representatives a written notification that does all of the | 4200 |
following: | 4201 |
(i) Indicates that the attorney general has received from law | 4202 |
enforcement agencies reports of the type described in this | 4203 |
division that cover the previous calendar year and indicates that | 4204 |
the reports were received under this division; | 4205 |
(ii) Indicates that the reports are open for inspection under | 4206 |
section 149.43 of the Revised Code; | 4207 |
(iii) Indicates that the attorney general will provide a copy | 4208 |
of any or all of the reports to the president of the senate or the | 4209 |
speaker of the house of representatives upon request. | 4210 |
(3) As used in division (F) of this section: | 4211 |
(a) "Law enforcement agencies" includes, but is not limited | 4212 |
to, the state board of pharmacy and the office of a prosecutor. | 4213 |
(b) "Prosecutor" has the same meaning as in section 2935.01 | 4214 |
of the Revised Code. | 4215 |
(G) When required under division (D)(2) of this section or | 4216 |
any other provision of this chapter, the court shall suspend for | 4217 |
not less than six months or more than five years the driver's or | 4218 |
commercial driver's license or permit of any person who is | 4219 |
convicted of or pleads guilty to any violation of this section or | 4220 |
any other specified provision of this chapter. If an offender's | 4221 |
driver's or commercial driver's license or permit is suspended | 4222 |
pursuant to this division, the offender, at any time after the | 4223 |
expiration of two years from the day on which the offender's | 4224 |
sentence was imposed or from the day on which the offender finally | 4225 |
was released from a prison term under the sentence, whichever is | 4226 |
later, may file a motion with the sentencing court requesting | 4227 |
termination of the suspension; upon the filing of such a motion | 4228 |
and the court's finding of good cause for the termination, the | 4229 |
court may terminate the suspension. | 4230 |
(H)(1) In addition to any prison term authorized or required | 4231 |
by division (C) of this section and sections 2929.13 and 2929.14 | 4232 |
of the Revised Code, in addition to any other penalty or sanction | 4233 |
imposed for the offense under this section or sections 2929.11 to | 4234 |
2929.18 of the Revised Code, and in addition to the forfeiture of | 4235 |
property in connection with the offense as prescribed in Chapter | 4236 |
2981. of the Revised Code, the court that sentences an offender | 4237 |
who is convicted of or pleads guilty to a violation of division | 4238 |
(A) of this section may impose upon the offender an additional | 4239 |
fine specified for the offense in division (B)(4) of section | 4240 |
2929.18 of the Revised Code. A fine imposed under division (H)(1) | 4241 |
of this section is not subject to division (F) of this section and | 4242 |
shall be used solely for the support of one or more eligible | 4243 |
alcohol and drug addiction programs in accordance with divisions | 4244 |
(H)(2) and (3) of this section. | 4245 |
(2) The court that imposes a fine under division (H)(1) of | 4246 |
this section shall specify in the judgment that imposes the fine | 4247 |
one or more eligible alcohol and drug addiction programs for the | 4248 |
support of which the fine money is to be used. No alcohol and drug | 4249 |
addiction program shall receive or use money paid or collected in | 4250 |
satisfaction of a fine imposed under division (H)(1) of this | 4251 |
section unless the program is specified in the judgment that | 4252 |
imposes the fine. No alcohol and drug addiction program shall be | 4253 |
specified in the judgment unless the program is an eligible | 4254 |
alcohol and drug addiction program and, except as otherwise | 4255 |
provided in division (H)(2) of this section, unless the program is | 4256 |
located in the county in which the court that imposes the fine is | 4257 |
located or in a county that is immediately contiguous to the | 4258 |
county in which that court is located. If no eligible alcohol and | 4259 |
drug addiction program is located in any of those counties, the | 4260 |
judgment may specify an eligible alcohol and drug addiction | 4261 |
program that is located anywhere within this state. | 4262 |
(3) Notwithstanding any contrary provision of section 3719.21 | 4263 |
of the Revised Code, the clerk of the court shall pay any fine | 4264 |
imposed under division (H)(1) of this section to the eligible | 4265 |
alcohol and drug addiction program specified pursuant to division | 4266 |
(H)(2) of this section in the judgment. The eligible alcohol and | 4267 |
drug addiction program that receives the fine moneys shall use the | 4268 |
moneys only for the alcohol and drug addiction services identified | 4269 |
in the application for certification under section 3793.06 of the | 4270 |
Revised Code or in the application for a license under section | 4271 |
3793.11 of the Revised Code filed with the department of alcohol | 4272 |
and drug addiction services by the alcohol and drug addiction | 4273 |
program specified in the judgment. | 4274 |
(4) Each alcohol and drug addiction program that receives in | 4275 |
a calendar year any fine moneys under division (H)(3) of this | 4276 |
section shall file an annual report covering that calendar year | 4277 |
with the court of common pleas and the board of county | 4278 |
commissioners of the county in which the program is located, with | 4279 |
the court of common pleas and the board of county commissioners of | 4280 |
each county from which the program received the moneys if that | 4281 |
county is different from the county in which the program is | 4282 |
located, and with the attorney general. The alcohol and drug | 4283 |
addiction program shall file the report no later than the first | 4284 |
day of March in the calendar year following the calendar year in | 4285 |
which the program received the fine moneys. The report shall | 4286 |
include statistics on the number of persons served by the alcohol | 4287 |
and drug addiction program, identify the types of alcohol and drug | 4288 |
addiction services provided to those persons, and include a | 4289 |
specific accounting of the purposes for which the fine moneys | 4290 |
received were used. No information contained in the report shall | 4291 |
identify, or enable a person to determine the identity of, any | 4292 |
person served by the alcohol and drug addiction program. Each | 4293 |
report received by a court of common pleas, a board of county | 4294 |
commissioners, or the attorney general is a public record open for | 4295 |
inspection under section 149.43 of the Revised Code. | 4296 |
(5) As used in divisions (H)(1) to (5) of this section: | 4297 |
(a) "Alcohol and drug addiction program" and "alcohol and | 4298 |
drug addiction services" have the same meanings as in section | 4299 |
3793.01 of the Revised Code. | 4300 |
(b) "Eligible alcohol and drug addiction program" means an | 4301 |
alcohol and drug addiction program that is certified under section | 4302 |
3793.06 of the Revised Code or licensed under section 3793.11 of | 4303 |
the Revised Code by the department of alcohol and drug addiction | 4304 |
services. | 4305 |
(I) As used in this section, "drug" includes any substance | 4306 |
that is represented to be a drug. | 4307 |
Sec. 2925.04. (A) No person shall knowingly cultivate | 4308 |
marihuana or knowingly manufacture or otherwise engage in any part | 4309 |
of the production of a controlled substance. | 4310 |
(B) This section does not apply to any person listed in | 4311 |
division (B)(1), (2), or (3) of section 2925.03 of the Revised | 4312 |
Code to the extent and under the circumstances described in those | 4313 |
divisions. | 4314 |
(C)(1) Whoever commits a violation of division (A) of this | 4315 |
section that involves any drug other than marihuana is guilty of | 4316 |
illegal manufacture of drugs, and whoever commits a violation of | 4317 |
division (A) of this section that involves marihuana is guilty of | 4318 |
illegal cultivation of marihuana. | 4319 |
(2) Except as otherwise provided in this division, if the | 4320 |
drug involved in the violation of division (A) of this section is | 4321 |
any compound, mixture, preparation, or substance included in | 4322 |
schedule I or II, with the exception of methamphetamine or | 4323 |
marihuana, illegal manufacture of drugs is a felony of the second | 4324 |
degree, and, subject to division (E) of this section, the court | 4325 |
shall impose as a mandatory prison term one of the prison terms | 4326 |
prescribed for a felony of the second degree. | 4327 |
If the drug involved in the violation is any compound, | 4328 |
mixture, preparation, or substance included in schedule I or II, | 4329 |
with the exception of methamphetamine or marihuana, and if the | 4330 |
offense was committed in the vicinity of a juvenile or in the | 4331 |
vicinity of a school, illegal manufacture of drugs is a felony of | 4332 |
the first degree, and, subject to division (E) of this section, | 4333 |
the court shall impose as a mandatory prison term one of the | 4334 |
prison terms prescribed for a felony of the first degree. | 4335 |
(3) If the drug involved in the violation of division (A) of | 4336 |
this section is methamphetamine, the penalty for the violation | 4337 |
shall be determined as follows: | 4338 |
(a) Except as otherwise provided in division (C)(3)(b) of | 4339 |
this section, if the drug involved in the violation is | 4340 |
methamphetamine, illegal manufacture of drugs is a felony of the | 4341 |
second degree, and, subject to division (E) of this section, the | 4342 |
court shall impose a mandatory prison term on the offender | 4343 |
determined in accordance with this division. Except as otherwise | 4344 |
provided in this division, the court shall impose as a mandatory | 4345 |
prison term one of the prison terms prescribed for a felony of the | 4346 |
second degree that is not less than three years. If the offender | 4347 |
previously has been convicted of or pleaded guilty to a violation | 4348 |
of division (A) of this section, a violation of division (B)(6) of | 4349 |
section 2919.22 of the Revised Code, or a violation of division | 4350 |
(A) of section 2925.041 of the Revised Code, the court shall | 4351 |
impose as a mandatory prison term one of the prison terms | 4352 |
prescribed for a felony of the second degree that is not less than | 4353 |
five years. | 4354 |
(b) If the drug involved in the violation is methamphetamine | 4355 |
and if the offense was committed in the vicinity of a juvenile, in | 4356 |
the vicinity of a school, or on public premises, illegal | 4357 |
manufacture of drugs is a felony of the first degree, and, subject | 4358 |
to division (E) of this section, the court shall impose a | 4359 |
mandatory prison term on the offender determined in accordance | 4360 |
with this division. Except as otherwise provided in this division, | 4361 |
the court shall impose as a mandatory prison term one of the | 4362 |
prison terms prescribed for a felony of the first degree that is | 4363 |
not less than four years. If the offender previously has been | 4364 |
convicted of or pleaded guilty to a violation of division (A) of | 4365 |
this section, a violation of division (B)(6) of section 2919.22 of | 4366 |
the Revised Code, or a violation of division (A) of section | 4367 |
2925.041 of the Revised Code, the court shall impose as a | 4368 |
mandatory prison term one of the prison terms prescribed for a | 4369 |
felony of the first degree that is not less than five years. | 4370 |
(4) If the drug involved in the violation of division (A) of | 4371 |
this section is any compound, mixture, preparation, or substance | 4372 |
included in schedule III, IV, or V, illegal manufacture of drugs | 4373 |
is a felony of the third degree or, if the offense was committed | 4374 |
in the vicinity of a school or in the vicinity of a juvenile, a | 4375 |
felony of the second degree, and there is a presumption for a | 4376 |
prison term for the offense. | 4377 |
(5) If the drug involved in the violation is marihuana, the | 4378 |
penalty for the offense shall be determined as follows: | 4379 |
(a) Except as otherwise provided in division (C)(5)(b), (c), | 4380 |
(d), (e), or (f) of this section, illegal cultivation of marihuana | 4381 |
is a minor misdemeanor or, if the offense was committed in the | 4382 |
vicinity of a school or in the vicinity of a juvenile, a | 4383 |
misdemeanor of the fourth degree. | 4384 |
(b) If the amount of marihuana involved equals or exceeds one | 4385 |
hundred grams but is less than two hundred grams, illegal | 4386 |
cultivation of marihuana is a misdemeanor of the fourth degree or, | 4387 |
if the offense was committed in the vicinity of a school or in the | 4388 |
vicinity of a juvenile, a misdemeanor of the third degree. | 4389 |
(c) If the amount of marihuana involved equals or exceeds two | 4390 |
hundred grams but is less than one thousand grams, illegal | 4391 |
cultivation of marihuana is a felony of the fifth degree or, if | 4392 |
the offense was committed in the vicinity of a school or in the | 4393 |
vicinity of a juvenile, a felony of the fourth degree, and | 4394 |
division (B) of section 2929.13 of the Revised Code applies in | 4395 |
determining whether to impose a prison term on the offender. | 4396 |
(d) If the amount of marihuana involved equals or exceeds one | 4397 |
thousand grams but is less than five thousand grams, illegal | 4398 |
cultivation of marihuana is a felony of the third degree or, if | 4399 |
the offense was committed in the vicinity of a school or in the | 4400 |
vicinity of a juvenile, a felony of the second degree, and | 4401 |
division (C) of section 2929.13 of the Revised Code applies in | 4402 |
determining whether to impose a prison term on the offender. | 4403 |
(e) If the amount of marihuana involved equals or exceeds | 4404 |
five thousand grams but is less than twenty thousand grams, | 4405 |
illegal cultivation of marihuana is a felony of the third degree | 4406 |
or, if the offense was committed in the vicinity of a school or in | 4407 |
the vicinity of a juvenile, a felony of the second degree, and | 4408 |
there is a presumption for a prison term for the offense. | 4409 |
(f) Except as otherwise provided in this division, if the | 4410 |
amount of marihuana involved equals or exceeds twenty thousand | 4411 |
grams, illegal cultivation of marihuana is a felony of the second | 4412 |
degree, and the court shall impose as a mandatory prison term the | 4413 |
maximum prison term prescribed for a felony of the second degree. | 4414 |
If the amount of the drug involved equals or exceeds twenty | 4415 |
thousand grams and if the offense was committed in the vicinity of | 4416 |
a school or in the vicinity of a juvenile, illegal cultivation of | 4417 |
marihuana is a felony of the first degree, and the court shall | 4418 |
impose as a mandatory prison term the maximum prison term | 4419 |
prescribed for a felony of the first degree. | 4420 |
(D) In addition to any prison term authorized or required by | 4421 |
division (C) or (E) of this section and sections 2929.13 and | 4422 |
2929.14 of the Revised Code and in addition to any other sanction | 4423 |
imposed for the offense under this section or sections 2929.11 to | 4424 |
2929.18 of the Revised Code, the court that sentences an offender | 4425 |
who is convicted of or pleads guilty to a violation of division | 4426 |
(A) of this section shall do all of the following that are | 4427 |
applicable regarding the offender: | 4428 |
(1) If the violation of division (A) of this section is a | 4429 |
felony of the first, second, or third degree, the court shall | 4430 |
impose upon the offender the mandatory fine specified for the | 4431 |
offense under division (B)(1) of section 2929.18 of the Revised | 4432 |
Code unless, as specified in that division, the court determines | 4433 |
that the offender is indigent. The clerk of the court shall pay a | 4434 |
mandatory fine or other fine imposed for a violation of this | 4435 |
section pursuant to division (A) of section 2929.18 of the Revised | 4436 |
Code in accordance with and subject to the requirements of | 4437 |
division (F) of section 2925.03 of the Revised Code. The agency | 4438 |
that receives the fine shall use the fine as specified in division | 4439 |
(F) of section 2925.03 of the Revised Code. If a person is charged | 4440 |
with a violation of this section that is a felony of the first, | 4441 |
second, or third degree, posts bail, and forfeits the bail, the | 4442 |
clerk shall pay the forfeited bail as if the forfeited bail were a | 4443 |
fine imposed for a violation of this section. | 4444 |
(2) The court shall suspend the offender's driver's or | 4445 |
commercial driver's license or permit in accordance with division | 4446 |
(G) of section 2925.03 of the Revised Code. If an offender's | 4447 |
driver's or commercial driver's license or permit is suspended in | 4448 |
accordance with that division, the offender may request | 4449 |
termination of, and the court may terminate, the suspension in | 4450 |
accordance with that division. | 4451 |
(3) If the offender is a professionally licensed person, the | 4452 |
court immediately shall comply with section 2925.38 of the Revised | 4453 |
Code. | 4454 |
(E) Notwithstanding the prison term otherwise authorized or | 4455 |
required for the offense under division (C) of this section and | 4456 |
sections 2929.13 and 2929.14 of the Revised Code, if the violation | 4457 |
of division (A) of this section involves the sale, offer to sell, | 4458 |
or possession of a schedule I or II controlled substance, with the | 4459 |
exception of marihuana, and if the court imposing sentence upon | 4460 |
the offender finds that the offender as a result of the violation | 4461 |
is a major drug offender and is guilty of a specification of the | 4462 |
type described in section 2941.1410 of the Revised Code, the | 4463 |
court, in lieu of the prison term otherwise authorized or | 4464 |
required, shall impose upon the offender the mandatory prison term | 4465 |
specified in division (B)(3) | 4466 |
Code. | 4467 |
(F) It is an affirmative defense, as provided in section | 4468 |
2901.05 of the Revised Code, to a charge under this section for a | 4469 |
fifth degree felony violation of illegal cultivation of marihuana | 4470 |
that the marihuana that gave rise to the charge is in an amount, | 4471 |
is in a form, is prepared, compounded, or mixed with substances | 4472 |
that are not controlled substances in a manner, or is possessed or | 4473 |
cultivated under any other circumstances that indicate that the | 4474 |
marihuana was solely for personal use. | 4475 |
Notwithstanding any contrary provision of division (F) of | 4476 |
this section, if, in accordance with section 2901.05 of the | 4477 |
Revised Code, a person who is charged with a violation of illegal | 4478 |
cultivation of marihuana that is a felony of the fifth degree | 4479 |
sustains the burden of going forward with evidence of and | 4480 |
establishes by a preponderance of the evidence the affirmative | 4481 |
defense described in this division, the person may be prosecuted | 4482 |
for and may be convicted of or plead guilty to a misdemeanor | 4483 |
violation of illegal cultivation of marihuana. | 4484 |
(G) Arrest or conviction for a minor misdemeanor violation of | 4485 |
this section does not constitute a criminal record and need not be | 4486 |
reported by the person so arrested or convicted in response to any | 4487 |
inquiries about the person's criminal record, including any | 4488 |
inquiries contained in an application for employment, a license, | 4489 |
or any other right or privilege or made in connection with the | 4490 |
person's appearance as a witness. | 4491 |
Sec. 2925.14. (A) As used in this section, "drug | 4492 |
paraphernalia" means any equipment, product, or material of any | 4493 |
kind that is used by the offender, intended by the offender for | 4494 |
use, or designed for use, in propagating, cultivating, growing, | 4495 |
harvesting, manufacturing, compounding, converting, producing, | 4496 |
processing, preparing, testing, analyzing, packaging, repackaging, | 4497 |
storing, containing, concealing, injecting, ingesting, inhaling, | 4498 |
or otherwise introducing into the human body, a controlled | 4499 |
substance in violation of this chapter. "Drug paraphernalia" | 4500 |
includes, but is not limited to, any of the following equipment, | 4501 |
products, or materials that are used by the offender, intended by | 4502 |
the offender for use, or designed by the offender for use, in any | 4503 |
of the following manners: | 4504 |
(1) A kit for propagating, cultivating, growing, or | 4505 |
harvesting any species of a plant that is a controlled substance | 4506 |
or from which a controlled substance can be derived; | 4507 |
(2) A kit for manufacturing, compounding, converting, | 4508 |
producing, processing, or preparing a controlled substance; | 4509 |
(3) Any object, instrument, or device for manufacturing, | 4510 |
compounding, converting, producing, processing, or preparing | 4511 |
methamphetamine; | 4512 |
(4) An isomerization device for increasing the potency of any | 4513 |
species of a plant that is a controlled substance; | 4514 |
(5) Testing equipment for identifying, or analyzing the | 4515 |
strength, effectiveness, or purity of, a controlled substance; | 4516 |
(6) A scale or balance for weighing or measuring a controlled | 4517 |
substance; | 4518 |
(7) A diluent or adulterant, such as quinine hydrochloride, | 4519 |
mannitol, mannite, dextrose, or lactose, for cutting a controlled | 4520 |
substance; | 4521 |
(8) A separation gin or sifter for removing twigs and seeds | 4522 |
from, or otherwise cleaning or refining, marihuana; | 4523 |
(9) A blender, bowl, container, spoon, or mixing device for | 4524 |
compounding a controlled substance; | 4525 |
(10) A capsule, balloon, envelope, or container for packaging | 4526 |
small quantities of a controlled substance; | 4527 |
(11) A container or device for storing or concealing a | 4528 |
controlled substance; | 4529 |
(12) A hypodermic syringe, needle, or instrument for | 4530 |
parenterally injecting a controlled substance into the human body; | 4531 |
(13) An object, instrument, or device for ingesting, | 4532 |
inhaling, or otherwise introducing into the human body, marihuana, | 4533 |
cocaine, hashish, or hashish oil, such as a metal, wooden, | 4534 |
acrylic, glass, stone, plastic, or ceramic pipe, with or without a | 4535 |
screen, permanent screen, hashish head, or punctured metal bowl; | 4536 |
water pipe; carburetion tube or device; smoking or carburetion | 4537 |
mask; roach clip or similar object used to hold burning material, | 4538 |
such as a marihuana cigarette, that has become too small or too | 4539 |
short to be held in the hand; miniature cocaine spoon, or cocaine | 4540 |
vial; chamber pipe; carburetor pipe; electric pipe; air driver | 4541 |
pipe; chillum; bong; or ice pipe or chiller. | 4542 |
(B) In determining if any equipment, product, or material is | 4543 |
drug paraphernalia, a court or law enforcement officer shall | 4544 |
consider, in addition to other relevant factors, the following: | 4545 |
(1) Any statement by the owner, or by anyone in control, of | 4546 |
the equipment, product, or material, concerning its use; | 4547 |
(2) The proximity in time or space of the equipment, product, | 4548 |
or material, or of the act relating to the equipment, product, or | 4549 |
material, to a violation of any provision of this chapter; | 4550 |
(3) The proximity of the equipment, product, or material to | 4551 |
any controlled substance; | 4552 |
(4) The existence of any residue of a controlled substance on | 4553 |
the equipment, product, or material; | 4554 |
(5) Direct or circumstantial evidence of the intent of the | 4555 |
owner, or of anyone in control, of the equipment, product, or | 4556 |
material, to deliver it to any person whom the owner or person in | 4557 |
control of the equipment, product, or material knows intends to | 4558 |
use the object to facilitate a violation of any provision of this | 4559 |
chapter. A finding that the owner, or anyone in control, of the | 4560 |
equipment, product, or material, is not guilty of a violation of | 4561 |
any other provision of this chapter does not prevent a finding | 4562 |
that the equipment, product, or material was intended or designed | 4563 |
by the offender for use as drug paraphernalia. | 4564 |
(6) Any oral or written instruction provided with the | 4565 |
equipment, product, or material concerning its use; | 4566 |
(7) Any descriptive material accompanying the equipment, | 4567 |
product, or material and explaining or depicting its use; | 4568 |
(8) National or local advertising concerning the use of the | 4569 |
equipment, product, or material; | 4570 |
(9) The manner and circumstances in which the equipment, | 4571 |
product, or material is displayed for sale; | 4572 |
(10) Direct or circumstantial evidence of the ratio of the | 4573 |
sales of the equipment, product, or material to the total sales of | 4574 |
the business enterprise; | 4575 |
(11) The existence and scope of legitimate uses of the | 4576 |
equipment, product, or material in the community; | 4577 |
(12) Expert testimony concerning the use of the equipment, | 4578 |
product, or material. | 4579 |
(C)(1) | 4580 |
person shall knowingly use, or possess with purpose to use, drug | 4581 |
paraphernalia. | 4582 |
(2) No person shall knowingly sell, or possess or manufacture | 4583 |
with purpose to sell, drug paraphernalia, if the person knows or | 4584 |
reasonably should know that the equipment, product, or material | 4585 |
will be used as drug paraphernalia. | 4586 |
(3) No person shall place an advertisement in any newspaper, | 4587 |
magazine, handbill, or other publication that is published and | 4588 |
printed and circulates primarily within this state, if the person | 4589 |
knows that the purpose of the advertisement is to promote the | 4590 |
illegal sale in this state of the equipment, product, or material | 4591 |
that the offender intended or designed for use as drug | 4592 |
paraphernalia. | 4593 |
(D)(1) This section does not apply to manufacturers, licensed | 4594 |
health professionals authorized to prescribe drugs, pharmacists, | 4595 |
owners of pharmacies, and other persons whose conduct is in | 4596 |
accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731., | 4597 |
and 4741. of the Revised Code. This section shall not be construed | 4598 |
to prohibit the possession or use of a hypodermic as authorized by | 4599 |
section 3719.172 of the Revised Code. | 4600 |
(2) Division (C)(1) of this section does not apply to a | 4601 |
person's use, or possession with purpose to use, any drug | 4602 |
paraphernalia that is equipment, a product, or material of any | 4603 |
kind that is used by the person, intended by the person for use, | 4604 |
or designed for use in storing, containing, concealing, injecting, | 4605 |
ingesting, inhaling, or otherwise introducing into the human body | 4606 |
marihuana. | 4607 |
(E) Notwithstanding Chapter 2981. of the Revised Code, any | 4608 |
drug paraphernalia that was used, possessed, sold, or manufactured | 4609 |
in a violation of this section shall be seized, after a conviction | 4610 |
for that violation shall be forfeited, and upon forfeiture shall | 4611 |
be disposed of pursuant to division (B) of section 2981.12 of the | 4612 |
Revised Code. | 4613 |
(F)(1) Whoever violates division (C)(1) of this section is | 4614 |
guilty of illegal use or possession of drug paraphernalia, a | 4615 |
misdemeanor of the fourth degree. | 4616 |
(2) Except as provided in division (F)(3) of this section, | 4617 |
whoever violates division (C)(2) of this section is guilty of | 4618 |
dealing in drug paraphernalia, a misdemeanor of the second degree. | 4619 |
(3) Whoever violates division (C)(2) of this section by | 4620 |
selling drug paraphernalia to a juvenile is guilty of selling drug | 4621 |
paraphernalia to juveniles, a misdemeanor of the first degree. | 4622 |
(4) Whoever violates division (C)(3) of this section is | 4623 |
guilty of illegal advertising of drug paraphernalia, a misdemeanor | 4624 |
of the second degree. | 4625 |
(G) In addition to any other sanction imposed upon an | 4626 |
offender for a violation of this section, the court shall suspend | 4627 |
for not less than six months or more than five years the | 4628 |
offender's driver's or commercial driver's license or permit. If | 4629 |
the offender is a professionally licensed person, in addition to | 4630 |
any other sanction imposed for a violation of this section, the | 4631 |
court immediately shall comply with section 2925.38 of the Revised | 4632 |
Code. | 4633 |
Sec. 2925.141. (A) As used in this section, "drug | 4634 |
paraphernalia" has the same meaning as in section 2925.14 of the | 4635 |
Revised Code. | 4636 |
(B) In determining if any equipment, product, or material is | 4637 |
drug paraphernalia, a court or law enforcement officer shall | 4638 |
consider, in addition to other relevant factors, all factors | 4639 |
identified in division (B) of section 2925.14 of the Revised Code. | 4640 |
(C) No person shall knowingly use, or possess with purpose to | 4641 |
use, any drug paraphernalia that is equipment, a product, or | 4642 |
material of any kind that is used by the person, intended by the | 4643 |
person for use, or designed for use in storing, containing, | 4644 |
concealing, injecting, ingesting, inhaling, or otherwise | 4645 |
introducing into the human body marihuana. | 4646 |
(D) This section does not apply to any person identified in | 4647 |
division (D)(1) of section 2925.14 of the Revised Code, and it | 4648 |
shall not be construed to prohibit the possession or use of a | 4649 |
hypodermic as authorized by section 3719.172 of the Revised Code. | 4650 |
(E) Division (E) of section 2925.14 of the Revised Code | 4651 |
applies with respect to any drug paraphernalia that was used or | 4652 |
possessed in violation of this section. | 4653 |
(F) Whoever violates division (C) of this section is guilty | 4654 |
of illegal use or possession of marihuana drug paraphernalia, a | 4655 |
minor misdemeanor. | 4656 |
(G) In addition to any other sanction imposed upon an | 4657 |
offender for a violation of this section, the court shall suspend | 4658 |
for not less than six months or more than five years the | 4659 |
offender's driver's or commercial driver's license or permit. If | 4660 |
the offender is a professionally licensed person, in addition to | 4661 |
any other sanction imposed for a violation of this section, the | 4662 |
court immediately shall comply with section 2925.38 of the Revised | 4663 |
Code. | 4664 |
Sec. 2925.38. If a person who is convicted of or pleads | 4665 |
guilty to a violation of section 2925.02, 2925.03, 2925.04, | 4666 |
2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14, | 4667 |
2925.141, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 | 4668 |
of the Revised Code is a professionally licensed person, in | 4669 |
addition to any other sanctions imposed for the violation, the | 4670 |
court, except as otherwise provided in this section, immediately | 4671 |
shall transmit a certified copy of the judgment entry of | 4672 |
conviction to the regulatory or licensing board or agency that has | 4673 |
the administrative authority to suspend or revoke the offender's | 4674 |
professional license. If the professionally licensed person who is | 4675 |
convicted of or pleads guilty to a violation of any section listed | 4676 |
in this section is a person who has been admitted to the bar by | 4677 |
order of the supreme court in compliance with its prescribed and | 4678 |
published rules, in addition to any other sanctions imposed for | 4679 |
the violation, the court immediately shall transmit a certified | 4680 |
copy of the judgment entry of conviction to the secretary of the | 4681 |
board of commissioners on grievances and discipline of the supreme | 4682 |
court and to either the disciplinary counsel or the president, | 4683 |
secretary, and chairperson of each certified grievance committee. | 4684 |
Sec. 2929.14. (A) Except as provided in division (B)(1), | 4685 |
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G), | 4686 |
(H), or (J) of this section or in division (D)(6) of section | 4687 |
2919.25 of the Revised Code and except in relation to an offense | 4688 |
for which a sentence of death or life imprisonment is to be | 4689 |
imposed, if the court imposing a sentence upon an offender for a | 4690 |
felony elects or is required to impose a prison term on the | 4691 |
offender pursuant to this chapter, the court shall impose a | 4692 |
definite prison term that shall be one of the following: | 4693 |
(1) For a felony of the first degree, the prison term shall | 4694 |
be three, four, five, six, seven, eight, nine, ten, or eleven | 4695 |
years. | 4696 |
(2) For a felony of the second degree, the prison term shall | 4697 |
be two, three, four, five, six, seven, or eight years. | 4698 |
(3)(a) For a felony of the third degree that is a violation | 4699 |
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the | 4700 |
Revised Code or that is a violation of section 2911.02 or 2911.12 | 4701 |
of the Revised Code if the offender previously has been convicted | 4702 |
of or pleaded guilty in two or more separate proceedings to two or | 4703 |
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12 | 4704 |
of the Revised Code, the prison term shall be twelve, eighteen, | 4705 |
twenty-four, thirty, thirty-six, forty-two, forty-eight, | 4706 |
fifty-four, or sixty months. | 4707 |
(b) For a felony of the third degree that is not an offense | 4708 |
for which division (A)(3)(a) of this section applies, the prison | 4709 |
term shall be nine, twelve, eighteen, twenty-four, thirty, or | 4710 |
thirty-six months. | 4711 |
(4) For a felony of the fourth degree, the prison term shall | 4712 |
be six, seven, eight, nine, ten, eleven, twelve, thirteen, | 4713 |
fourteen, fifteen, sixteen, seventeen, or eighteen months. | 4714 |
(5) For a felony of the fifth degree, the prison term shall | 4715 |
be six, seven, eight, nine, ten, eleven, or twelve months. | 4716 |
(B)(1)(a) Except as provided in division (B)(1)(e) of this | 4717 |
section, if an offender who is convicted of or pleads guilty to a | 4718 |
felony also is convicted of or pleads guilty to a specification of | 4719 |
the type described in section 2941.141, 2941.144, or 2941.145 of | 4720 |
the Revised Code, the court shall impose on the offender one of | 4721 |
the following prison terms: | 4722 |
(i) A prison term of six years if the specification is of the | 4723 |
type described in section 2941.144 of the Revised Code that | 4724 |
charges the offender with having a firearm that is an automatic | 4725 |
firearm or that was equipped with a firearm muffler or silencer on | 4726 |
or about the offender's person or under the offender's control | 4727 |
while committing the felony; | 4728 |
(ii) A prison term of three years if the specification is of | 4729 |
the type described in section 2941.145 of the Revised Code that | 4730 |
charges the offender with having a firearm on or about the | 4731 |
offender's person or under the offender's control while committing | 4732 |
the offense and displaying the firearm, brandishing the firearm, | 4733 |
indicating that the offender possessed the firearm, or using it to | 4734 |
facilitate the offense; | 4735 |
(iii) A prison term of one year if the specification is of | 4736 |
the type described in section 2941.141 of the Revised Code that | 4737 |
charges the offender with having a firearm on or about the | 4738 |
offender's person or under the offender's control while committing | 4739 |
the felony. | 4740 |
(b) If a court imposes a prison term on an offender under | 4741 |
division (B)(1)(a) of this section, the prison term shall not be | 4742 |
reduced pursuant to section 2967.19, section 2929.20, section | 4743 |
2967.193, or any other provision of Chapter 2967. or Chapter 5120. | 4744 |
of the Revised Code. Except as provided in division (B)(1)(g) of | 4745 |
this section, a court shall not impose more than one prison term | 4746 |
on an offender under division (B)(1)(a) of this section for | 4747 |
felonies committed as part of the same act or transaction. | 4748 |
(c) Except as provided in division (B)(1)(e) of this section, | 4749 |
if an offender who is convicted of or pleads guilty to a violation | 4750 |
of section 2923.161 of the Revised Code or to a felony that | 4751 |
includes, as an essential element, purposely or knowingly causing | 4752 |
or attempting to cause the death of or physical harm to another, | 4753 |
also is convicted of or pleads guilty to a specification of the | 4754 |
type described in section 2941.146 of the Revised Code that | 4755 |
charges the offender with committing the offense by discharging a | 4756 |
firearm from a motor vehicle other than a manufactured home, the | 4757 |
court, after imposing a prison term on the offender for the | 4758 |
violation of section 2923.161 of the Revised Code or for the other | 4759 |
felony offense under division (A), (B)(2), or (B)(3) of this | 4760 |
section, shall impose an additional prison term of five years upon | 4761 |
the offender that shall not be reduced pursuant to section | 4762 |
2929.20, section 2967.19, section 2967.193, or any other provision | 4763 |
of Chapter 2967. or Chapter 5120. of the Revised Code. A court | 4764 |
shall not impose more than one additional prison term on an | 4765 |
offender under division (B)(1)(c) of this section for felonies | 4766 |
committed as part of the same act or transaction. If a court | 4767 |
imposes an additional prison term on an offender under division | 4768 |
(B)(1)(c) of this section relative to an offense, the court also | 4769 |
shall impose a prison term under division (B)(1)(a) of this | 4770 |
section relative to the same offense, provided the criteria | 4771 |
specified in that division for imposing an additional prison term | 4772 |
are satisfied relative to the offender and the offense. | 4773 |
(d) If an offender who is convicted of or pleads guilty to an | 4774 |
offense of violence that is a felony also is convicted of or | 4775 |
pleads guilty to a specification of the type described in section | 4776 |
2941.1411 of the Revised Code that charges the offender with | 4777 |
wearing or carrying body armor while committing the felony offense | 4778 |
of violence, the court shall impose on the offender a prison term | 4779 |
of two years. The prison term so imposed, subject to divisions (C) | 4780 |
to (I) of section 2967.19 of the Revised Code, shall not be | 4781 |
reduced pursuant to section 2929.20, section 2967.19, section | 4782 |
2967.193, or any other provision of Chapter 2967. or Chapter 5120. | 4783 |
of the Revised Code. A court shall not impose more than one prison | 4784 |
term on an offender under division (B)(1)(d) of this section for | 4785 |
felonies committed as part of the same act or transaction. If a | 4786 |
court imposes an additional prison term under division (B)(1)(a) | 4787 |
or (c) of this section, the court is not precluded from imposing | 4788 |
an additional prison term under division (B)(1)(d) of this | 4789 |
section. | 4790 |
(e) The court shall not impose any of the prison terms | 4791 |
described in division (B)(1)(a) of this section or any of the | 4792 |
additional prison terms described in division (B)(1)(c) of this | 4793 |
section upon an offender for a violation of section 2923.12 or | 4794 |
2923.123 of the Revised Code. The court shall not impose any of | 4795 |
the prison terms described in division (B)(1)(a) or (b) of this | 4796 |
section upon an offender for a violation of section 2923.122 that | 4797 |
involves a deadly weapon that is a firearm other than a dangerous | 4798 |
ordnance, section 2923.16, or section 2923.121 of the Revised | 4799 |
Code. The court shall not impose any of the prison terms described | 4800 |
in division (B)(1)(a) of this section or any of the additional | 4801 |
prison terms described in division (B)(1)(c) of this section upon | 4802 |
an offender for a violation of section 2923.13 of the Revised Code | 4803 |
unless all of the following apply: | 4804 |
(i) The offender previously has been convicted of aggravated | 4805 |
murder, murder, or any felony of the first or second degree. | 4806 |
(ii) Less than five years have passed since the offender was | 4807 |
released from prison or post-release control, whichever is later, | 4808 |
for the prior offense. | 4809 |
(f) If an offender is convicted of or pleads guilty to a | 4810 |
felony that includes, as an essential element, causing or | 4811 |
attempting to cause the death of or physical harm to another and | 4812 |
also is convicted of or pleads guilty to a specification of the | 4813 |
type described in section 2941.1412 of the Revised Code that | 4814 |
charges the offender with committing the offense by discharging a | 4815 |
firearm at a peace officer as defined in section 2935.01 of the | 4816 |
Revised Code or a corrections officer, as defined in section | 4817 |
2941.1412 of the Revised Code, the court, after imposing a prison | 4818 |
term on the offender for the felony offense under division (A), | 4819 |
(B)(2), or (B)(3) of this section, shall impose an additional | 4820 |
prison term of seven years upon the offender that shall not be | 4821 |
reduced pursuant to section 2929.20, section 2967.19, section | 4822 |
2967.193, or any other provision of Chapter 2967. or Chapter 5120. | 4823 |
of the Revised Code. If an offender is convicted of or pleads | 4824 |
guilty to two or more felonies that include, as an essential | 4825 |
element, causing or attempting to cause the death or physical harm | 4826 |
to another and also is convicted of or pleads guilty to a | 4827 |
specification of the type described under division (B)(1)(f) of | 4828 |
this section in connection with two or more of the felonies of | 4829 |
which the offender is convicted or to which the offender pleads | 4830 |
guilty, the sentencing court shall impose on the offender the | 4831 |
prison term specified under division (B)(1)(f) of this section for | 4832 |
each of two of the specifications of which the offender is | 4833 |
convicted or to which the offender pleads guilty and, in its | 4834 |
discretion, also may impose on the offender the prison term | 4835 |
specified under that division for any or all of the remaining | 4836 |
specifications. If a court imposes an additional prison term on an | 4837 |
offender under division (B)(1)(f) of this section relative to an | 4838 |
offense, the court shall not impose a prison term under division | 4839 |
(B)(1)(a) or (c) of this section relative to the same offense. | 4840 |
(g) If an offender is convicted of or pleads guilty to two or | 4841 |
more felonies, if one or more of those felonies are aggravated | 4842 |
murder, murder, attempted aggravated murder, attempted murder, | 4843 |
aggravated robbery, felonious assault, or rape, and if the | 4844 |
offender is convicted of or pleads guilty to a specification of | 4845 |
the type described under division (B)(1)(a) of this section in | 4846 |
connection with two or more of the felonies, the sentencing court | 4847 |
shall impose on the offender the prison term specified under | 4848 |
division (B)(1)(a) of this section for each of the two most | 4849 |
serious specifications of which the offender is convicted or to | 4850 |
which the offender pleads guilty and, in its discretion, also may | 4851 |
impose on the offender the prison term specified under that | 4852 |
division for any or all of the remaining specifications. | 4853 |
(2)(a) If division (B)(2)(b) of this section does not apply, | 4854 |
the court may impose on an offender, in addition to the longest | 4855 |
prison term authorized or required for the offense, an additional | 4856 |
definite prison term of one, two, three, four, five, six, seven, | 4857 |
eight, nine, or ten years if all of the following criteria are | 4858 |
met: | 4859 |
(i) The offender is convicted of or pleads guilty to a | 4860 |
specification of the type described in section 2941.149 of the | 4861 |
Revised Code that the offender is a repeat violent offender. | 4862 |
(ii) The offense of which the offender currently is convicted | 4863 |
or to which the offender currently pleads guilty is aggravated | 4864 |
murder and the court does not impose a sentence of death or life | 4865 |
imprisonment without parole, murder, terrorism and the court does | 4866 |
not impose a sentence of life imprisonment without parole, any | 4867 |
felony of the first degree that is an offense of violence and the | 4868 |
court does not impose a sentence of life imprisonment without | 4869 |
parole, or any felony of the second degree that is an offense of | 4870 |
violence and the trier of fact finds that the offense involved an | 4871 |
attempt to cause or a threat to cause serious physical harm to a | 4872 |
person or resulted in serious physical harm to a person. | 4873 |
(iii) The court imposes the longest prison term for the | 4874 |
offense that is not life imprisonment without parole. | 4875 |
(iv) The court finds that the prison terms imposed pursuant | 4876 |
to division | 4877 |
division | 4878 |
the offender and protect the public from future crime, because the | 4879 |
applicable factors under section 2929.12 of the Revised Code | 4880 |
indicating a greater likelihood of recidivism outweigh the | 4881 |
applicable factors under that section indicating a lesser | 4882 |
likelihood of recidivism. | 4883 |
(v) The court finds that the prison terms imposed pursuant to | 4884 |
division | 4885 |
division | 4886 |
seriousness of the offense, because one or more of the factors | 4887 |
under section 2929.12 of the Revised Code indicating that the | 4888 |
offender's conduct is more serious than conduct normally | 4889 |
constituting the offense are present, and they outweigh the | 4890 |
applicable factors under that section indicating that the | 4891 |
offender's conduct is less serious than conduct normally | 4892 |
constituting the offense. | 4893 |
(b) The court shall impose on an offender the longest prison | 4894 |
term authorized or required for the offense and shall impose on | 4895 |
the offender an additional definite prison term of one, two, | 4896 |
three, four, five, six, seven, eight, nine, or ten years if all of | 4897 |
the following criteria are met: | 4898 |
(i) The offender is convicted of or pleads guilty to a | 4899 |
specification of the type described in section 2941.149 of the | 4900 |
Revised Code that the offender is a repeat violent offender. | 4901 |
(ii) The offender within the preceding twenty years has been | 4902 |
convicted of or pleaded guilty to three or more offenses described | 4903 |
in division (CC)(1) of section 2929.01 of the Revised Code, | 4904 |
including all offenses described in that division of which the | 4905 |
offender is convicted or to which the offender pleads guilty in | 4906 |
the current prosecution and all offenses described in that | 4907 |
division of which the offender previously has been convicted or to | 4908 |
which the offender previously pleaded guilty, whether prosecuted | 4909 |
together or separately. | 4910 |
(iii) The offense or offenses of which the offender currently | 4911 |
is convicted or to which the offender currently pleads guilty is | 4912 |
aggravated murder and the court does not impose a sentence of | 4913 |
death or life imprisonment without parole, murder, terrorism and | 4914 |
the court does not impose a sentence of life imprisonment without | 4915 |
parole, any felony of the first degree that is an offense of | 4916 |
violence and the court does not impose a sentence of life | 4917 |
imprisonment without parole, or any felony of the second degree | 4918 |
that is an offense of violence and the trier of fact finds that | 4919 |
the offense involved an attempt to cause or a threat to cause | 4920 |
serious physical harm to a person or resulted in serious physical | 4921 |
harm to a person. | 4922 |
(c) For purposes of division (B)(2)(b) of this section, two | 4923 |
or more offenses committed at the same time or as part of the same | 4924 |
act or event shall be considered one offense, and that one offense | 4925 |
shall be the offense with the greatest penalty. | 4926 |
(d) A sentence imposed under division (B)(2)(a) or (b) of | 4927 |
this section shall not be reduced pursuant to section 2929.20, | 4928 |
section 2967.19, or section 2967.193, or any other provision of | 4929 |
Chapter 2967. or Chapter 5120. of the Revised Code. The offender | 4930 |
shall serve an additional prison term imposed under this section | 4931 |
consecutively to and prior to the prison term imposed for the | 4932 |
underlying offense. | 4933 |
(e) When imposing a sentence pursuant to division (B)(2)(a) | 4934 |
or (b) of this section, the court shall state its findings | 4935 |
explaining the imposed sentence. | 4936 |
(3) Except when an offender commits a violation of section | 4937 |
2903.01 or 2907.02 of the Revised Code and the penalty imposed for | 4938 |
the violation is life imprisonment or commits a violation of | 4939 |
section 2903.02 of the Revised Code, if the offender commits a | 4940 |
violation of section 2925.03 or 2925.11 of the Revised Code and | 4941 |
that section classifies the offender as a major drug offender | 4942 |
4943 | |
if the offender commits a felony violation of section 2925.02, | 4944 |
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, | 4945 |
4729.37, or 4729.61, division (C) or (D) of section 3719.172, | 4946 |
division (C) of section 4729.51, or division (J) of section | 4947 |
4729.54 of the Revised Code that includes the sale, offer to sell, | 4948 |
or possession of a schedule I or II controlled substance, with the | 4949 |
exception of marihuana, and the court imposing sentence upon the | 4950 |
offender finds that the offender is guilty of a specification of | 4951 |
the type described in section 2941.1410 of the Revised Code | 4952 |
charging that the offender is a major drug offender, if the court | 4953 |
imposing sentence upon an offender for a felony finds that the | 4954 |
offender is guilty of corrupt activity with the most serious | 4955 |
offense in the pattern of corrupt activity being a felony of the | 4956 |
first degree, or if the offender is guilty of an attempted | 4957 |
violation of section 2907.02 of the Revised Code and, had the | 4958 |
offender completed the violation of section 2907.02 of the Revised | 4959 |
Code that was attempted, the offender would have been subject to a | 4960 |
sentence of life imprisonment or life imprisonment without parole | 4961 |
for the violation of section 2907.02 of the Revised Code, the | 4962 |
court shall impose upon the offender for the felony violation a | 4963 |
4964 | |
prescribed for a felony of the first degree that, subject to | 4965 |
divisions (C) to (I) of section 2967.19 of the Revised Code, | 4966 |
cannot be reduced pursuant to section 2929.20, section 2967.19, or | 4967 |
any other provision of Chapter 2967. or 5120. of the Revised Code. | 4968 |
(4) If the offender is being sentenced for a third or fourth | 4969 |
degree felony OVI offense under division (G)(2) of section 2929.13 | 4970 |
of the Revised Code, the sentencing court shall impose upon the | 4971 |
offender a mandatory prison term in accordance with that division. | 4972 |
In addition to the mandatory prison term, if the offender is being | 4973 |
sentenced for a fourth degree felony OVI offense, the court, | 4974 |
notwithstanding division (A)(4) of this section, may sentence the | 4975 |
offender to a definite prison term of not less than six months and | 4976 |
not more than thirty months, and if the offender is being | 4977 |
sentenced for a third degree felony OVI offense, the sentencing | 4978 |
court may sentence the offender to an additional prison term of | 4979 |
any duration specified in division (A)(3) of this section. In | 4980 |
either case, the additional prison term imposed shall be reduced | 4981 |
by the sixty or one hundred twenty days imposed upon the offender | 4982 |
as the mandatory prison term. The total of the additional prison | 4983 |
term imposed under division | 4984 |
sixty or one hundred twenty days imposed as the mandatory prison | 4985 |
term shall equal a definite term in the range of six months to | 4986 |
thirty months for a fourth degree felony OVI offense and shall | 4987 |
equal one of the authorized prison terms specified in division | 4988 |
(A)(3) of this section for a third degree felony OVI offense. If | 4989 |
the court imposes an additional prison term under division (B)(4) | 4990 |
of this section, the offender shall serve the additional prison | 4991 |
term after the offender has served the mandatory prison term | 4992 |
required for the offense. In addition to the mandatory prison term | 4993 |
or mandatory and additional prison term imposed as described in | 4994 |
division (B)(4) of this section, the court also may sentence the | 4995 |
offender to a community control sanction under section 2929.16 or | 4996 |
2929.17 of the Revised Code, but the offender shall serve all of | 4997 |
the prison terms so imposed prior to serving the community control | 4998 |
sanction. | 4999 |
If the offender is being sentenced for a fourth degree felony | 5000 |
OVI offense under division (G)(1) of section 2929.13 of the | 5001 |
Revised Code and the court imposes a mandatory term of local | 5002 |
incarceration, the court may impose a prison term as described in | 5003 |
division (A)(1) of that section. | 5004 |
(5) If an offender is convicted of or pleads guilty to a | 5005 |
violation of division (A)(1) or (2) of section 2903.06 of the | 5006 |
Revised Code and also is convicted of or pleads guilty to a | 5007 |
specification of the type described in section 2941.1414 of the | 5008 |
Revised Code that charges that the victim of the offense is a | 5009 |
peace officer, as defined in section 2935.01 of the Revised Code, | 5010 |
or an investigator of the bureau of criminal identification and | 5011 |
investigation, as defined in section 2903.11 of the Revised Code, | 5012 |
the court shall impose on the offender a prison term of five | 5013 |
years. If a court imposes a prison term on an offender under | 5014 |
division (B)(5) of this section, the prison term, subject to | 5015 |
divisions (C) to (I) of section 2967.19 of the Revised Code, shall | 5016 |
not be reduced pursuant to section 2929.20, section 2967.19, | 5017 |
section 2967.193, or any other provision of Chapter 2967. or | 5018 |
Chapter 5120. of the Revised Code. A court shall not impose more | 5019 |
than one prison term on an offender under division (B)(5) of this | 5020 |
section for felonies committed as part of the same act. | 5021 |
(6) If an offender is convicted of or pleads guilty to a | 5022 |
violation of division (A)(1) or (2) of section 2903.06 of the | 5023 |
Revised Code and also is convicted of or pleads guilty to a | 5024 |
specification of the type described in section 2941.1415 of the | 5025 |
Revised Code that charges that the offender previously has been | 5026 |
convicted of or pleaded guilty to three or more violations of | 5027 |
division (A) or (B) of section 4511.19 of the Revised Code or an | 5028 |
equivalent offense, as defined in section 2941.1415 of the Revised | 5029 |
Code, or three or more violations of any combination of those | 5030 |
divisions and offenses, the court shall impose on the offender a | 5031 |
prison term of three years. If a court imposes a prison term on an | 5032 |
offender under division (B)(6) of this section, the prison term, | 5033 |
subject to divisions (C) to (I) of section 2967.19 of the Revised | 5034 |
Code, shall not be reduced pursuant to section 2929.20, section | 5035 |
2967.19, section 2967.193, or any other provision of Chapter 2967. | 5036 |
or Chapter 5120. of the Revised Code. A court shall not impose | 5037 |
more than one prison term on an offender under division (B)(6) of | 5038 |
this section for felonies committed as part of the same act. | 5039 |
(7)(a) If an offender is convicted of or pleads guilty to a | 5040 |
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or | 5041 |
2923.32, division (A)(1) or (2) of section 2907.323, or division | 5042 |
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised | 5043 |
Code and also is convicted of or pleads guilty to a specification | 5044 |
of the type described in section 2941.1422 of the Revised Code | 5045 |
that charges that the offender knowingly committed the offense in | 5046 |
furtherance of human trafficking, the court shall impose on the | 5047 |
offender a mandatory prison term that is one of the following: | 5048 |
(i) If the offense is a felony of the first degree, a | 5049 |
definite prison term of not less than five years and not greater | 5050 |
than ten years; | 5051 |
(ii) If the offense is a felony of the second or third | 5052 |
degree, a definite prison term of not less than three years and | 5053 |
not greater than the maximum prison term allowed for the offense | 5054 |
by division (A) of section 2929.14 of the Revised Code; | 5055 |
(iii) If the offense is a felony of the fourth or fifth | 5056 |
degree, a definite prison term that is the maximum prison term | 5057 |
allowed for the offense by division (A) of section 2929.14 of the | 5058 |
Revised Code. | 5059 |
(b) Subject to divisions (C) to (I) of section 2967.19 of the | 5060 |
Revised Code, the prison term imposed under division (B)(7)(a) of | 5061 |
this section shall not be reduced pursuant to section 2929.20, | 5062 |
section 2967.19, section 2967.193, or any other provision of | 5063 |
Chapter 2967. of the Revised Code. A court shall not impose more | 5064 |
than one prison term on an offender under division (B)(7)(a) of | 5065 |
this section for felonies committed as part of the same act, | 5066 |
scheme, or plan. | 5067 |
(8) If an offender is convicted of or pleads guilty to a | 5068 |
felony violation of section 2903.11, 2903.12, or 2903.13 of the | 5069 |
Revised Code and also is convicted of or pleads guilty to a | 5070 |
specification of the type described in section 2941.1423 of the | 5071 |
Revised Code that charges that the victim of the violation was a | 5072 |
woman whom the offender knew was pregnant at the time of the | 5073 |
violation, notwithstanding the range of prison terms prescribed in | 5074 |
division (A) of this section for felonies of the same degree as | 5075 |
the violation, the court shall impose on the offender a mandatory | 5076 |
prison term that is either a definite prison term of six months or | 5077 |
one of the prison terms prescribed in section 2929.14 of the | 5078 |
Revised Code for felonies of the same degree as the violation. | 5079 |
(C)(1)(a) Subject to division (C)(1)(b) of this section, if a | 5080 |
mandatory prison term is imposed upon an offender pursuant to | 5081 |
division (B)(1)(a) of this section for having a firearm on or | 5082 |
about the offender's person or under the offender's control while | 5083 |
committing a felony, if a mandatory prison term is imposed upon an | 5084 |
offender pursuant to division (B)(1)(c) of this section for | 5085 |
committing a felony specified in that division by discharging a | 5086 |
firearm from a motor vehicle, or if both types of mandatory prison | 5087 |
terms are imposed, the offender shall serve any mandatory prison | 5088 |
term imposed under either division consecutively to any other | 5089 |
mandatory prison term imposed under either division or under | 5090 |
division (B)(1)(d) of this section, consecutively to and prior to | 5091 |
any prison term imposed for the underlying felony pursuant to | 5092 |
division (A), (B)(2), or (B)(3) of this section or any other | 5093 |
section of the Revised Code, and consecutively to any other prison | 5094 |
term or mandatory prison term previously or subsequently imposed | 5095 |
upon the offender. | 5096 |
(b) If a mandatory prison term is imposed upon an offender | 5097 |
pursuant to division (B)(1)(d) of this section for wearing or | 5098 |
carrying body armor while committing an offense of violence that | 5099 |
is a felony, the offender shall serve the mandatory term so | 5100 |
imposed consecutively to any other mandatory prison term imposed | 5101 |
under that division or under division (B)(1)(a) or (c) of this | 5102 |
section, consecutively to and prior to any prison term imposed for | 5103 |
the underlying felony under division (A), (B)(2), or (B)(3) of | 5104 |
this section or any other section of the Revised Code, and | 5105 |
consecutively to any other prison term or mandatory prison term | 5106 |
previously or subsequently imposed upon the offender. | 5107 |
(c) If a mandatory prison term is imposed upon an offender | 5108 |
pursuant to division (B)(1)(f) of this section, the offender shall | 5109 |
serve the mandatory prison term so imposed consecutively to and | 5110 |
prior to any prison term imposed for the underlying felony under | 5111 |
division (A), (B)(2), or (B)(3) of this section or any other | 5112 |
section of the Revised Code, and consecutively to any other prison | 5113 |
term or mandatory prison term previously or subsequently imposed | 5114 |
upon the offender. | 5115 |
(d) If a mandatory prison term is imposed upon an offender | 5116 |
pursuant to division (B)(7) or (8) of this section, the offender | 5117 |
shall serve the mandatory prison term so imposed consecutively to | 5118 |
any other mandatory prison term imposed under that division or | 5119 |
under any other provision of law and consecutively to any other | 5120 |
prison term or mandatory prison term previously or subsequently | 5121 |
imposed upon the offender. | 5122 |
(2) If an offender who is an inmate in a jail, prison, or | 5123 |
other residential detention facility violates section 2917.02, | 5124 |
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2) | 5125 |
of section 2921.34 of the Revised Code, if an offender who is | 5126 |
under detention at a detention facility commits a felony violation | 5127 |
of section 2923.131 of the Revised Code, or if an offender who is | 5128 |
an inmate in a jail, prison, or other residential detention | 5129 |
facility or is under detention at a detention facility commits | 5130 |
another felony while the offender is an escapee in violation of | 5131 |
division (A)(1) or (2) of section 2921.34 of the Revised Code, any | 5132 |
prison term imposed upon the offender for one of those violations | 5133 |
shall be served by the offender consecutively to the prison term | 5134 |
or term of imprisonment the offender was serving when the offender | 5135 |
committed that offense and to any other prison term previously or | 5136 |
subsequently imposed upon the offender. | 5137 |
(3) If a prison term is imposed for a violation of division | 5138 |
(B) of section 2911.01 of the Revised Code, a violation of | 5139 |
division (A) of section 2913.02 of the Revised Code in which the | 5140 |
stolen property is a firearm or dangerous ordnance, or a felony | 5141 |
violation of division (B) of section 2921.331 of the Revised Code, | 5142 |
the offender shall serve that prison term consecutively to any | 5143 |
other prison term or mandatory prison term previously or | 5144 |
subsequently imposed upon the offender. | 5145 |
(4) If multiple prison terms are imposed on an offender for | 5146 |
convictions of multiple offenses, the court may require the | 5147 |
offender to serve the prison terms consecutively if the court | 5148 |
finds that the consecutive service is necessary to protect the | 5149 |
public from future crime or to punish the offender and that | 5150 |
consecutive sentences are not disproportionate to the seriousness | 5151 |
of the offender's conduct and to the danger the offender poses to | 5152 |
the public, and if the court also finds any of the following: | 5153 |
(a) The offender committed one or more of the multiple | 5154 |
offenses while the offender was awaiting trial or sentencing, was | 5155 |
under a sanction imposed pursuant to section 2929.16, 2929.17, or | 5156 |
2929.18 of the Revised Code, or was under post-release control for | 5157 |
a prior offense. | 5158 |
(b) At least two of the multiple offenses were committed as | 5159 |
part of one or more courses of conduct, and the harm caused by two | 5160 |
or more of the multiple offenses so committed was so great or | 5161 |
unusual that no single prison term for any of the offenses | 5162 |
committed as part of any of the courses of conduct adequately | 5163 |
reflects the seriousness of the offender's conduct. | 5164 |
(c) The offender's history of criminal conduct demonstrates | 5165 |
that consecutive sentences are necessary to protect the public | 5166 |
from future crime by the offender. | 5167 |
(5) If a mandatory prison term is imposed upon an offender | 5168 |
pursuant to division (B)(5) or (6) of this section, the offender | 5169 |
shall serve the mandatory prison term consecutively to and prior | 5170 |
to any prison term imposed for the underlying violation of | 5171 |
division (A)(1) or (2) of section 2903.06 of the Revised Code | 5172 |
pursuant to division (A) of this section or section 2929.142 of | 5173 |
the Revised Code. If a mandatory prison term is imposed upon an | 5174 |
offender pursuant to division (B)(5) of this section, and if a | 5175 |
mandatory prison term also is imposed upon the offender pursuant | 5176 |
to division (B)(6) of this section in relation to the same | 5177 |
violation, the offender shall serve the mandatory prison term | 5178 |
imposed pursuant to division (B)(5) of this section consecutively | 5179 |
to and prior to the mandatory prison term imposed pursuant to | 5180 |
division (B)(6) of this section and consecutively to and prior to | 5181 |
any prison term imposed for the underlying violation of division | 5182 |
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to | 5183 |
division (A) of this section or section 2929.142 of the Revised | 5184 |
Code. | 5185 |
(6) When consecutive prison terms are imposed pursuant to | 5186 |
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2) | 5187 |
of this section, the term to be served is the aggregate of all of | 5188 |
the terms so imposed. | 5189 |
(D)(1) If a court imposes a prison term for a felony of the | 5190 |
first degree, for a felony of the second degree, for a felony sex | 5191 |
offense, or for a felony of the third degree that is not a felony | 5192 |
sex offense and in the commission of which the offender caused or | 5193 |
threatened to cause physical harm to a person, it shall include in | 5194 |
the sentence a requirement that the offender be subject to a | 5195 |
period of post-release control after the offender's release from | 5196 |
imprisonment, in accordance with that division. If a court imposes | 5197 |
a sentence including a prison term of a type described in this | 5198 |
division on or after July 11, 2006, the failure of a court to | 5199 |
include a post-release control requirement in the sentence | 5200 |
pursuant to this division does not negate, limit, or otherwise | 5201 |
affect the mandatory period of post-release control that is | 5202 |
required for the offender under division (B) of section 2967.28 of | 5203 |
the Revised Code. Section 2929.191 of the Revised Code applies if, | 5204 |
prior to July 11, 2006, a court imposed a sentence including a | 5205 |
prison term of a type described in this division and failed to | 5206 |
include in the sentence pursuant to this division a statement | 5207 |
regarding post-release control. | 5208 |
(2) If a court imposes a prison term for a felony of the | 5209 |
third, fourth, or fifth degree that is not subject to division | 5210 |
(D)(1) of this section, it shall include in the sentence a | 5211 |
requirement that the offender be subject to a period of | 5212 |
post-release control after the offender's release from | 5213 |
imprisonment, in accordance with that division, if the parole | 5214 |
board determines that a period of post-release control is | 5215 |
necessary. Section 2929.191 of the Revised Code applies if, prior | 5216 |
to July 11, 2006, a court imposed a sentence including a prison | 5217 |
term of a type described in this division and failed to include in | 5218 |
the sentence pursuant to this division a statement regarding | 5219 |
post-release control. | 5220 |
| 5221 |
5222 | |
5223 | |
5224 | |
5225 | |
5226 | |
5227 | |
5228 | |
5229 | |
5230 | |
5231 | |
5232 | |
5233 | |
5234 | |
5235 | |
5236 | |
5237 |
(E) The court shall impose sentence upon the offender in | 5238 |
accordance with section 2971.03 of the Revised Code, and Chapter | 5239 |
2971. of the Revised Code applies regarding the prison term or | 5240 |
term of life imprisonment without parole imposed upon the offender | 5241 |
and the service of that term of imprisonment if any of the | 5242 |
following apply: | 5243 |
(1) A person is convicted of or pleads guilty to a violent | 5244 |
sex offense or a designated homicide, assault, or kidnapping | 5245 |
offense, and, in relation to that offense, the offender is | 5246 |
adjudicated a sexually violent predator. | 5247 |
(2) A person is convicted of or pleads guilty to a violation | 5248 |
of division (A)(1)(b) of section 2907.02 of the Revised Code | 5249 |
committed on or after January 2, 2007, and either the court does | 5250 |
not impose a sentence of life without parole when authorized | 5251 |
pursuant to division (B) of section 2907.02 of the Revised Code, | 5252 |
or division (B) of section 2907.02 of the Revised Code provides | 5253 |
that the court shall not sentence the offender pursuant to section | 5254 |
2971.03 of the Revised Code. | 5255 |
(3) A person is convicted of or pleads guilty to attempted | 5256 |
rape committed on or after January 2, 2007, and a specification of | 5257 |
the type described in section 2941.1418, 2941.1419, or 2941.1420 | 5258 |
of the Revised Code. | 5259 |
(4) A person is convicted of or pleads guilty to a violation | 5260 |
of section 2905.01 of the Revised Code committed on or after | 5261 |
January 1, 2008, and that section requires the court to sentence | 5262 |
the offender pursuant to section 2971.03 of the Revised Code. | 5263 |
(5) A person is convicted of or pleads guilty to aggravated | 5264 |
murder committed on or after January 1, 2008, and division | 5265 |
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), | 5266 |
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or | 5267 |
(E)(1)(d) of section 2929.03, or division (A) or (B) of section | 5268 |
2929.06 of the Revised Code requires the court to sentence the | 5269 |
offender pursuant to division (B)(3) of section 2971.03 of the | 5270 |
Revised Code. | 5271 |
(6) A person is convicted of or pleads guilty to murder | 5272 |
committed on or after January 1, 2008, and division (B)(2) of | 5273 |
section 2929.02 of the Revised Code requires the court to sentence | 5274 |
the offender pursuant to section 2971.03 of the Revised Code. | 5275 |
(F) If a person who has been convicted of or pleaded guilty | 5276 |
to a felony is sentenced to a prison term or term of imprisonment | 5277 |
under this section, sections 2929.02 to 2929.06 of the Revised | 5278 |
Code, section 2929.142 of the Revised Code, section 2971.03 of the | 5279 |
Revised Code, or any other provision of law, section 5120.163 of | 5280 |
the Revised Code applies regarding the person while the person is | 5281 |
confined in a state correctional institution. | 5282 |
(G) If an offender who is convicted of or pleads guilty to a | 5283 |
felony that is an offense of violence also is convicted of or | 5284 |
pleads guilty to a specification of the type described in section | 5285 |
2941.142 of the Revised Code that charges the offender with having | 5286 |
committed the felony while participating in a criminal gang, the | 5287 |
court shall impose upon the offender an additional prison term of | 5288 |
one, two, or three years. | 5289 |
(H)(1) If an offender who is convicted of or pleads guilty to | 5290 |
aggravated murder, murder, or a felony of the first, second, or | 5291 |
third degree that is an offense of violence also is convicted of | 5292 |
or pleads guilty to a specification of the type described in | 5293 |
section 2941.143 of the Revised Code that charges the offender | 5294 |
with having committed the offense in a school safety zone or | 5295 |
towards a person in a school safety zone, the court shall impose | 5296 |
upon the offender an additional prison term of two years. The | 5297 |
offender shall serve the additional two years consecutively to and | 5298 |
prior to the prison term imposed for the underlying offense. | 5299 |
(2)(a) If an offender is convicted of or pleads guilty to a | 5300 |
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 | 5301 |
of the Revised Code and to a specification of the type described | 5302 |
in section 2941.1421 of the Revised Code and if the court imposes | 5303 |
a prison term on the offender for the felony violation, the court | 5304 |
may impose upon the offender an additional prison term as follows: | 5305 |
(i) Subject to division (H)(2)(a)(ii) of this section, an | 5306 |
additional prison term of one, two, three, four, five, or six | 5307 |
months; | 5308 |
(ii) If the offender previously has been convicted of or | 5309 |
pleaded guilty to one or more felony or misdemeanor violations of | 5310 |
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the | 5311 |
Revised Code and also was convicted of or pleaded guilty to a | 5312 |
specification of the type described in section 2941.1421 of the | 5313 |
Revised Code regarding one or more of those violations, an | 5314 |
additional prison term of one, two, three, four, five, six, seven, | 5315 |
eight, nine, ten, eleven, or twelve months. | 5316 |
(b) In lieu of imposing an additional prison term under | 5317 |
division (H)(2)(a) of this section, the court may directly impose | 5318 |
on the offender a sanction that requires the offender to wear a | 5319 |
real-time processing, continual tracking electronic monitoring | 5320 |
device during the period of time specified by the court. The | 5321 |
period of time specified by the court shall equal the duration of | 5322 |
an additional prison term that the court could have imposed upon | 5323 |
the offender under division (H)(2)(a) of this section. A sanction | 5324 |
imposed under this division shall commence on the date specified | 5325 |
by the court, provided that the sanction shall not commence until | 5326 |
after the offender has served the prison term imposed for the | 5327 |
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 | 5328 |
of the Revised Code and any residential sanction imposed for the | 5329 |
violation under section 2929.16 of the Revised Code. A sanction | 5330 |
imposed under this division shall be considered to be a community | 5331 |
control sanction for purposes of section 2929.15 of the Revised | 5332 |
Code, and all provisions of the Revised Code that pertain to | 5333 |
community control sanctions shall apply to a sanction imposed | 5334 |
under this division, except to the extent that they would by their | 5335 |
nature be clearly inapplicable. The offender shall pay all costs | 5336 |
associated with a sanction imposed under this division, including | 5337 |
the cost of the use of the monitoring device. | 5338 |
(I) | 5339 |
offender for placement in a program of shock incarceration under | 5340 |
section 5120.031 of the Revised Code or for placement in an | 5341 |
intensive program prison under section 5120.032 of the Revised | 5342 |
Code, disapprove placement of the offender in a program of shock | 5343 |
incarceration or an intensive program prison of that nature, or | 5344 |
make no recommendation on placement of the offender. In no case | 5345 |
shall the department of rehabilitation and correction place the | 5346 |
offender in a program or prison of that nature unless the | 5347 |
department determines as specified in section 5120.031 or 5120.032 | 5348 |
of the Revised Code, whichever is applicable, that the offender is | 5349 |
eligible for the placement. | 5350 |
If the court disapproves placement of the offender in a | 5351 |
program or prison of that nature, the department of rehabilitation | 5352 |
and correction shall not place the offender in any program of | 5353 |
shock incarceration or intensive program prison. | 5354 |
If the court recommends placement of the offender in a | 5355 |
program of shock incarceration or in an intensive program prison, | 5356 |
and if the offender is subsequently placed in the recommended | 5357 |
program or prison, the department shall notify the court of the | 5358 |
placement and shall include with the notice a brief description of | 5359 |
the placement. | 5360 |
If the court recommends placement of the offender in a | 5361 |
program of shock incarceration or in an intensive program prison | 5362 |
and the department does not subsequently place the offender in the | 5363 |
recommended program or prison, the department shall send a notice | 5364 |
to the court indicating why the offender was not placed in the | 5365 |
recommended program or prison. | 5366 |
If the court does not make a recommendation under this | 5367 |
division with respect to an offender and if the department | 5368 |
determines as specified in section 5120.031 or 5120.032 of the | 5369 |
Revised Code, whichever is applicable, that the offender is | 5370 |
eligible for placement in a program or prison of that nature, the | 5371 |
department shall screen the offender and determine if there is an | 5372 |
available program of shock incarceration or an intensive program | 5373 |
prison for which the offender is suited. If there is an available | 5374 |
program of shock incarceration or an intensive program prison for | 5375 |
which the offender is suited, the department shall notify the | 5376 |
court of the proposed placement of the offender as specified in | 5377 |
section 5120.031 or 5120.032 of the Revised Code and shall include | 5378 |
with the notice a brief description of the placement. The court | 5379 |
shall have ten days from receipt of the notice to disapprove the | 5380 |
placement. | 5381 |
| 5382 |
aggravated vehicular homicide in violation of division (A)(1) of | 5383 |
section 2903.06 of the Revised Code and division (B)(2)(c) of that | 5384 |
section applies, the person shall be sentenced pursuant to section | 5385 |
2929.142 of the Revised Code. | 5386 |
Sec. 2929.19. (A) The court shall hold a sentencing hearing | 5387 |
before imposing a sentence under this chapter upon an offender who | 5388 |
was convicted of or pleaded guilty to a felony and before | 5389 |
resentencing an offender who was convicted of or pleaded guilty to | 5390 |
a felony and whose case was remanded pursuant to section 2953.07 | 5391 |
or 2953.08 of the Revised Code. At the hearing, the offender, the | 5392 |
prosecuting attorney, the victim or the victim's representative in | 5393 |
accordance with section 2930.14 of the Revised Code, and, with the | 5394 |
approval of the court, any other person may present information | 5395 |
relevant to the imposition of sentence in the case. The court | 5396 |
shall inform the offender of the verdict of the jury or finding of | 5397 |
the court and ask the offender whether the offender has anything | 5398 |
to say as to why sentence should not be imposed upon the offender. | 5399 |
(B)(1) At the sentencing hearing, the court, before imposing | 5400 |
sentence, shall consider the record, any information presented at | 5401 |
the hearing by any person pursuant to division (A) of this | 5402 |
section, and, if one was prepared, the presentence investigation | 5403 |
report made pursuant to section 2951.03 of the Revised Code or | 5404 |
Criminal Rule 32.2, and any victim impact statement made pursuant | 5405 |
to section 2947.051 of the Revised Code. | 5406 |
(2) Subject to division (B)(3) of this section, if the | 5407 |
sentencing court determines at the sentencing hearing that a | 5408 |
prison term is necessary or required, the court shall do all of | 5409 |
the following: | 5410 |
(a) Impose a stated prison term and, if the court imposes a | 5411 |
mandatory prison term, notify the offender that the prison term is | 5412 |
a mandatory prison term; | 5413 |
(b) In addition to any other information, include in the | 5414 |
sentencing entry the name and section reference to the offense or | 5415 |
offenses, the sentence or sentences imposed and whether the | 5416 |
sentence or sentences contain mandatory prison terms, if sentences | 5417 |
are imposed for multiple counts whether the sentences are to be | 5418 |
served concurrently or consecutively, and the name and section | 5419 |
reference of any specification or specifications for which | 5420 |
sentence is imposed and the sentence or sentences imposed for the | 5421 |
specification or specifications; | 5422 |
(c) Notify the offender that the offender will be supervised | 5423 |
under section 2967.28 of the Revised Code after the offender | 5424 |
leaves prison if the offender is being sentenced for a felony of | 5425 |
the first degree or second degree, for a felony sex offense, or | 5426 |
for a felony of the third degree that is not a felony sex offense | 5427 |
and in the commission of which the offender caused or threatened | 5428 |
to cause physical harm to a person. This division applies with | 5429 |
respect to all prison terms imposed for an offense of a type | 5430 |
described in this division, including a term imposed for any such | 5431 |
offense that is a risk reduction sentence, as defined in section | 5432 |
2967.28 of the Revised Code. If a court imposes a sentence | 5433 |
including a prison term of a type described in division (B)(2)(c) | 5434 |
of this section on or after July 11, 2006, the failure of a court | 5435 |
to notify the offender pursuant to division (B)(2)(c) of this | 5436 |
section that the offender will be supervised under section 2967.28 | 5437 |
of the Revised Code after the offender leaves prison or to include | 5438 |
in the judgment of conviction entered on the journal a statement | 5439 |
to that effect does not negate, limit, or otherwise affect the | 5440 |
mandatory period of supervision that is required for the offender | 5441 |
under division (B) of section 2967.28 of the Revised Code. Section | 5442 |
2929.191 of the Revised Code applies if, prior to July 11, 2006, a | 5443 |
court imposed a sentence including a prison term of a type | 5444 |
described in division (B)(2)(c) of this section and failed to | 5445 |
notify the offender pursuant to division (B)(2)(c) of this section | 5446 |
regarding post-release control or to include in the judgment of | 5447 |
conviction entered on the journal or in the sentence a statement | 5448 |
regarding post-release control. | 5449 |
(d) Notify the offender that the offender may be supervised | 5450 |
under section 2967.28 of the Revised Code after the offender | 5451 |
leaves prison if the offender is being sentenced for a felony of | 5452 |
the third, fourth, or fifth degree that is not subject to division | 5453 |
(B)(2)(c) of this section. This division applies with respect to | 5454 |
all prison terms imposed for an offense of a type described in | 5455 |
this division, including a term imposed for any such offense that | 5456 |
is a risk reduction sentence, as defined in section 2967.28 of the | 5457 |
Revised Code. Section 2929.191 of the Revised Code applies if, | 5458 |
prior to July 11, 2006, a court imposed a sentence including a | 5459 |
prison term of a type described in division (B)(2)(d) of this | 5460 |
section and failed to notify the offender pursuant to division | 5461 |
(B)(2)(d) of this section regarding post-release control or to | 5462 |
include in the judgment of conviction entered on the journal or in | 5463 |
the sentence a statement regarding post-release control. | 5464 |
(e) Notify the offender that, if a period of supervision is | 5465 |
imposed following the offender's release from prison, as described | 5466 |
in division (B)(2)(c) or (d) of this section, and if the offender | 5467 |
violates that supervision or a condition of post-release control | 5468 |
imposed under division (B) of section 2967.131 of the Revised | 5469 |
Code, the parole board may impose a prison term, as part of the | 5470 |
sentence, of up to one-half of the stated prison term originally | 5471 |
imposed upon the offender. If a court imposes a sentence including | 5472 |
a prison term on or after July 11, 2006, the failure of a court to | 5473 |
notify the offender pursuant to division (B)(2)(e) of this section | 5474 |
that the parole board may impose a prison term as described in | 5475 |
division (B)(2)(e) of this section for a violation of that | 5476 |
supervision or a condition of post-release control imposed under | 5477 |
division (B) of section 2967.131 of the Revised Code or to include | 5478 |
in the judgment of conviction entered on the journal a statement | 5479 |
to that effect does not negate, limit, or otherwise affect the | 5480 |
authority of the parole board to so impose a prison term for a | 5481 |
violation of that nature if, pursuant to division (D)(1) of | 5482 |
section 2967.28 of the Revised Code, the parole board notifies the | 5483 |
offender prior to the offender's release of the board's authority | 5484 |
to so impose a prison term. Section 2929.191 of the Revised Code | 5485 |
applies if, prior to July 11, 2006, a court imposed a sentence | 5486 |
including a prison term and failed to notify the offender pursuant | 5487 |
to division (B)(2)(e) of this section regarding the possibility of | 5488 |
the parole board imposing a prison term for a violation of | 5489 |
supervision or a condition of post-release control. | 5490 |
(f) Require that the offender not ingest or be injected with | 5491 |
a drug of abuse and submit to random drug testing as provided in | 5492 |
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever | 5493 |
is applicable to the offender who is serving a prison term, and | 5494 |
require that the results of the drug test administered under any | 5495 |
of those sections indicate that the offender did not ingest or was | 5496 |
not injected with a drug of abuse. | 5497 |
(g) | 5498 |
5499 | |
5500 | |
5501 |
(i) Determine, notify the offender of, and include in the | 5502 |
sentencing entry the number of days that the offender has been | 5503 |
confined for any reason arising out of the offense for which the | 5504 |
offender is being sentenced and by which the department of | 5505 |
rehabilitation and correction must reduce the stated prison term | 5506 |
under section 2967.191 of the Revised Code. The court's | 5507 |
calculation shall not include the number of days, if any, that the | 5508 |
offender previously served in the custody of the department of | 5509 |
rehabilitation and correction arising out of the offense for which | 5510 |
the prisoner was convicted and sentenced. | 5511 |
(ii) In making a determination under division (B)(2)(g)(i) of | 5512 |
this section, the court shall consider the arguments of the | 5513 |
parties and conduct a hearing if one is requested. | 5514 |
(iii) The sentencing court retains continuing jurisdiction to | 5515 |
correct any error not previously raised at sentencing in making a | 5516 |
determination under division (B)(2)(g)(i) of this section. The | 5517 |
offender may, at any time after sentencing, file a motion in the | 5518 |
sentencing court to correct any error made in making a | 5519 |
determination under division (B)(2)(g)(i) of this section, and the | 5520 |
court may in its discretion grant or deny that motion. If the | 5521 |
court changes the number of days in its determination or | 5522 |
redetermination, the court shall cause the entry granting that | 5523 |
change to be delivered to the department of rehabilitation and | 5524 |
correction without delay. Sections 2931.15 and 2953.21 of the | 5525 |
Revised Code do not apply to a motion made under this section. | 5526 |
(iv) An inaccurate determination under division (B)(2)(g)(i) | 5527 |
of this section is not grounds for setting aside the offender's | 5528 |
conviction or sentence and does not otherwise render the sentence | 5529 |
void or voidable. | 5530 |
(3)(a) The court shall include in the offender's sentence a | 5531 |
statement that the offender is a tier III sex | 5532 |
offender/child-victim offender, and the court shall comply with | 5533 |
the requirements of section 2950.03 of the Revised Code if any of | 5534 |
the following apply: | 5535 |
(i) The offender is being sentenced for a violent sex offense | 5536 |
or designated homicide, assault, or kidnapping offense that the | 5537 |
offender committed on or after January 1, 1997, and the offender | 5538 |
is adjudicated a sexually violent predator in relation to that | 5539 |
offense. | 5540 |
(ii) The offender is being sentenced for a sexually oriented | 5541 |
offense that the offender committed on or after January 1, 1997, | 5542 |
and the offender is a tier III sex offender/child-victim offender | 5543 |
relative to that offense. | 5544 |
(iii) The offender is being sentenced on or after July 31, | 5545 |
2003, for a child-victim oriented offense, and the offender is a | 5546 |
tier III sex offender/child-victim offender relative to that | 5547 |
offense. | 5548 |
(iv) The offender is being sentenced under section 2971.03 of | 5549 |
the Revised Code for a violation of division (A)(1)(b) of section | 5550 |
2907.02 of the Revised Code committed on or after January 2, 2007. | 5551 |
(v) The offender is sentenced to a term of life without | 5552 |
parole under division (B) of section 2907.02 of the Revised Code. | 5553 |
(vi) The offender is being sentenced for attempted rape | 5554 |
committed on or after January 2, 2007, and a specification of the | 5555 |
type described in section 2941.1418, 2941.1419, or 2941.1420 of | 5556 |
the Revised Code. | 5557 |
(vii) The offender is being sentenced under division | 5558 |
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code | 5559 |
for an offense described in those divisions committed on or after | 5560 |
January 1, 2008. | 5561 |
(b) Additionally, if any criterion set forth in divisions | 5562 |
(B)(3)(a)(i) to (vii) of this section is satisfied, in the | 5563 |
circumstances described in division (E) of section 2929.14 of the | 5564 |
Revised Code, the court shall impose sentence on the offender as | 5565 |
described in that division. | 5566 |
(4) If the sentencing court determines at the sentencing | 5567 |
hearing that a community control sanction should be imposed and | 5568 |
the court is not prohibited from imposing a community control | 5569 |
sanction, the court shall impose a community control sanction. The | 5570 |
court shall notify the offender that, if the conditions of the | 5571 |
sanction are violated, if the offender commits a violation of any | 5572 |
law, or if the offender leaves this state without the permission | 5573 |
of the court or the offender's probation officer, the court may | 5574 |
impose a longer time under the same sanction, may impose a more | 5575 |
restrictive sanction, or may impose a prison term on the offender | 5576 |
and shall indicate the specific prison term that may be imposed as | 5577 |
a sanction for the violation, as selected by the court from the | 5578 |
range of prison terms for the offense pursuant to section 2929.14 | 5579 |
of the Revised Code. | 5580 |
(5) Before imposing a financial sanction under section | 5581 |
2929.18 of the Revised Code or a fine under section 2929.32 of the | 5582 |
Revised Code, the court shall consider the offender's present and | 5583 |
future ability to pay the amount of the sanction or fine. | 5584 |
(6) If the sentencing court sentences the offender to a | 5585 |
sanction of confinement pursuant to section 2929.14 or 2929.16 of | 5586 |
the Revised Code that is to be served in a local detention | 5587 |
facility, as defined in section 2929.36 of the Revised Code, and | 5588 |
if the local detention facility is covered by a policy adopted | 5589 |
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23, | 5590 |
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code | 5591 |
and section 2929.37 of the Revised Code, both of the following | 5592 |
apply: | 5593 |
(a) The court shall specify both of the following as part of | 5594 |
the sentence: | 5595 |
(i) If the offender is presented with an itemized bill | 5596 |
pursuant to section 2929.37 of the Revised Code for payment of the | 5597 |
costs of confinement, the offender is required to pay the bill in | 5598 |
accordance with that section. | 5599 |
(ii) If the offender does not dispute the bill described in | 5600 |
division (B)(6)(a)(i) of this section and does not pay the bill by | 5601 |
the times specified in section 2929.37 of the Revised Code, the | 5602 |
clerk of the court may issue a certificate of judgment against the | 5603 |
offender as described in that section. | 5604 |
(b) The sentence automatically includes any certificate of | 5605 |
judgment issued as described in division (B)(6)(a)(ii) of this | 5606 |
section. | 5607 |
(7) The failure of the court to notify the offender that a | 5608 |
prison term is a mandatory prison term pursuant to division | 5609 |
(B)(2)(a) of this section or to include in the sentencing entry | 5610 |
any information required by division (B)(2)(b) of this section | 5611 |
does not affect the validity of the imposed sentence or sentences. | 5612 |
If the sentencing court notifies the offender at the sentencing | 5613 |
hearing that a prison term is mandatory but the sentencing entry | 5614 |
does not specify that the prison term is mandatory, the court may | 5615 |
complete a corrected journal entry and send copies of the | 5616 |
corrected entry to the offender and the department of | 5617 |
rehabilitation and correction, or, at the request of the state, | 5618 |
the court shall complete a corrected journal entry and send copies | 5619 |
of the corrected entry to the offender and department of | 5620 |
rehabilitation and correction. | 5621 |
(C)(1) If the offender is being sentenced for a fourth degree | 5622 |
felony OVI offense under division (G)(1) of section 2929.13 of the | 5623 |
Revised Code, the court shall impose the mandatory term of local | 5624 |
incarceration in accordance with that division, shall impose a | 5625 |
mandatory fine in accordance with division (B)(3) of section | 5626 |
2929.18 of the Revised Code, and, in addition, may impose | 5627 |
additional sanctions as specified in sections 2929.15, 2929.16, | 5628 |
2929.17, and 2929.18 of the Revised Code. The court shall not | 5629 |
impose a prison term on the offender except that the court may | 5630 |
impose a prison term upon the offender as provided in division | 5631 |
(A)(1) of section 2929.13 of the Revised Code. | 5632 |
(2) If the offender is being sentenced for a third or fourth | 5633 |
degree felony OVI offense under division (G)(2) of section 2929.13 | 5634 |
of the Revised Code, the court shall impose the mandatory prison | 5635 |
term in accordance with that division, shall impose a mandatory | 5636 |
fine in accordance with division (B)(3) of section 2929.18 of the | 5637 |
Revised Code, and, in addition, may impose an additional prison | 5638 |
term as specified in section 2929.14 of the Revised Code. In | 5639 |
addition to the mandatory prison term or mandatory prison term and | 5640 |
additional prison term the court imposes, the court also may | 5641 |
impose a community control sanction on the offender, but the | 5642 |
offender shall serve all of the prison terms so imposed prior to | 5643 |
serving the community control sanction. | 5644 |
(D) The sentencing court, pursuant to division (I)(1) of | 5645 |
section 2929.14 of the Revised Code, may recommend placement of | 5646 |
the offender in a program of shock incarceration under section | 5647 |
5120.031 of the Revised Code or an intensive program prison under | 5648 |
section 5120.032 of the Revised Code, disapprove placement of the | 5649 |
offender in a program or prison of that nature, or make no | 5650 |
recommendation. If the court recommends or disapproves placement, | 5651 |
it shall make a finding that gives its reasons for its | 5652 |
recommendation or disapproval. | 5653 |
Sec. 2929.26. (A) Except when a mandatory jail term is | 5654 |
required by law, the court imposing a sentence for a misdemeanor, | 5655 |
other than a minor misdemeanor, may impose upon the offender any | 5656 |
community residential sanction or combination of community | 5657 |
residential sanctions under this section. Community residential | 5658 |
sanctions include, but are not limited to, the following: | 5659 |
(1) A term of up to one hundred eighty days in a halfway | 5660 |
house or a term in a halfway house not to exceed the longest jail | 5661 |
term available for the offense, whichever is shorter, if the | 5662 |
political subdivision that would have responsibility for paying | 5663 |
the costs of confining the offender in a jail has entered into a | 5664 |
contract with the halfway house for use of the facility for | 5665 |
misdemeanor offenders; | 5666 |
(2) | 5667 |
5668 | |
5669 | |
5670 | |
5671 | |
5672 |
| 5673 |
section 307.932 of the Revised Code, a term of up to sixty days in | 5674 |
a community alternative sentencing center or district community | 5675 |
alternative sentencing center established and operated in | 5676 |
accordance with that section, in the circumstances specified in | 5677 |
that section, with one of the conditions of the sanction being | 5678 |
that the offender complete in the center the entire term imposed. | 5679 |
(B) A sentence to a community residential sanction under | 5680 |
division (A)(3) of this section shall be in accordance with | 5681 |
section 307.932 of the Revised Code. In all other cases, the court | 5682 |
that sentences an offender to a community residential sanction | 5683 |
under this section may do either or both of the following: | 5684 |
(1) Permit the offender to serve the offender's sentence in | 5685 |
intermittent confinement, overnight, on weekends or at any other | 5686 |
time or times that will allow the offender to continue at the | 5687 |
offender's occupation or care for the offender's family; | 5688 |
(2) Authorize the offender to be released so that the | 5689 |
offender may seek or maintain employment, receive education or | 5690 |
training, receive treatment, perform community service, or | 5691 |
otherwise fulfill an obligation imposed by law or by the court. A | 5692 |
release pursuant to this division shall be only for the duration | 5693 |
of time that is needed to fulfill the purpose of the release and | 5694 |
for travel that reasonably is necessary to fulfill the purposes of | 5695 |
the release. | 5696 |
(C) The court may order that a reasonable portion of the | 5697 |
income earned by the offender upon a release pursuant to division | 5698 |
(B) of this section be applied to any financial sanction imposed | 5699 |
under section 2929.28 of the Revised Code. | 5700 |
(D) No court shall sentence any person to a prison term for a | 5701 |
misdemeanor or minor misdemeanor or to a jail term for a minor | 5702 |
misdemeanor. | 5703 |
(E) If a court sentences a person who has been convicted of | 5704 |
or pleaded guilty to a misdemeanor to a community residential | 5705 |
sanction as described in division (A) of this section, at the time | 5706 |
of reception and at other times the person in charge of the | 5707 |
operation of the halfway house, | 5708 |
community alternative sentencing center, district community | 5709 |
alternative sentencing center, or other place at which the | 5710 |
offender will serve the residential sanction determines to be | 5711 |
appropriate, the person in charge of the operation of the halfway | 5712 |
house, | 5713 |
sentencing center, district community alternative sentencing | 5714 |
center, or other place may cause the convicted offender to be | 5715 |
examined and tested for tuberculosis, HIV infection, hepatitis, | 5716 |
including, but not limited to, hepatitis A, B, and C, and other | 5717 |
contagious diseases. The person in charge of the operation of the | 5718 |
halfway house, | 5719 |
alternative sentencing center, district community alternative | 5720 |
sentencing center, or other place at which the offender will serve | 5721 |
the residential sanction may cause a convicted offender in the | 5722 |
halfway house, | 5723 |
alternative sentencing center, district community alternative | 5724 |
sentencing center, or other place who refuses to be tested or | 5725 |
treated for tuberculosis, HIV infection, hepatitis, including, but | 5726 |
not limited to, hepatitis A, B, and C, or another contagious | 5727 |
disease to be tested and treated involuntarily. | 5728 |
(F) A political subdivision may enter into a contract with a | 5729 |
halfway house for use of the halfway house to house misdemeanor | 5730 |
offenders under a sanction imposed under division (A)(1) of this | 5731 |
section. | 5732 |
Sec. 2929.41. (A) Except as provided in division (B) of this | 5733 |
section, division | 5734 |
(E) of section 2971.03 of the Revised Code, a prison term, jail | 5735 |
term, or sentence of imprisonment shall be served concurrently | 5736 |
with any other prison term, jail term, or sentence of imprisonment | 5737 |
imposed by a court of this state, another state, or the United | 5738 |
States. Except as provided in division (B)(3) of this section, a | 5739 |
jail term or sentence of imprisonment for misdemeanor shall be | 5740 |
served concurrently with a prison term or sentence of imprisonment | 5741 |
for felony served in a state or federal correctional institution. | 5742 |
(B)(1) A jail term or sentence of imprisonment for a | 5743 |
misdemeanor shall be served consecutively to any other prison | 5744 |
term, jail term, or sentence of imprisonment when the trial court | 5745 |
specifies that it is to be served consecutively or when it is | 5746 |
imposed for a misdemeanor violation of section 2907.322, 2921.34, | 5747 |
or 2923.131 of the Revised Code. | 5748 |
When consecutive sentences are imposed for misdemeanor under | 5749 |
this division, the term to be served is the aggregate of the | 5750 |
consecutive terms imposed, except that the aggregate term to be | 5751 |
served shall not exceed eighteen months. | 5752 |
(2) If a court of this state imposes a prison term upon the | 5753 |
offender for the commission of a felony and a court of another | 5754 |
state or the United States also has imposed a prison term upon the | 5755 |
offender for the commission of a felony, the court of this state | 5756 |
may order that the offender serve the prison term it imposes | 5757 |
consecutively to any prison term imposed upon the offender by the | 5758 |
court of another state or the United States. | 5759 |
(3) A jail term or sentence of imprisonment imposed for a | 5760 |
misdemeanor violation of section 4510.11, 4510.14, 4510.16, | 5761 |
4510.21, or 4511.19 of the Revised Code shall be served | 5762 |
consecutively to a prison term that is imposed for a felony | 5763 |
violation of section 2903.06, 2903.07, 2903.08, or 4511.19 of the | 5764 |
Revised Code or a felony violation of section 2903.04 of the | 5765 |
Revised Code involving the operation of a motor vehicle by the | 5766 |
offender and that is served in a state correctional institution | 5767 |
when the trial court specifies that it is to be served | 5768 |
consecutively. | 5769 |
When consecutive jail terms or sentences of imprisonment and | 5770 |
prison terms are imposed for one or more misdemeanors and one or | 5771 |
more felonies under this division, the term to be served is the | 5772 |
aggregate of the consecutive terms imposed, and the offender shall | 5773 |
serve all terms imposed for a felony before serving any term | 5774 |
imposed for a misdemeanor. | 5775 |
Sec. 2947.23. (A)(1)(a) In all criminal cases, including | 5776 |
violations of ordinances, the judge or magistrate shall include in | 5777 |
the sentence the costs of prosecution, including any costs under | 5778 |
section 2947.231 of the Revised Code, and render a judgment | 5779 |
against the defendant for such costs. At the time the judge or | 5780 |
magistrate imposes sentence, the judge or magistrate shall notify | 5781 |
the defendant of both of the following: | 5782 |
| 5783 |
to timely make payments towards that judgment under a payment | 5784 |
schedule approved by the court, the court may order the defendant | 5785 |
to perform community service in an amount of not more than forty | 5786 |
hours per month until the judgment is paid or until the court is | 5787 |
satisfied that the defendant is in compliance with the approved | 5788 |
payment schedule. | 5789 |
| 5790 |
community service, the defendant will receive credit upon the | 5791 |
judgment at the specified hourly credit rate per hour of community | 5792 |
service performed, and each hour of community service performed | 5793 |
will reduce the judgment by that amount. | 5794 |
(b) The failure of a judge or magistrate to notify the | 5795 |
defendant pursuant to division (A)(1)(a) of this section does not | 5796 |
negate or limit the authority of the court to order the defendant | 5797 |
to perform community service if the defendant fails to pay the | 5798 |
judgment described in that division or to timely make payments | 5799 |
toward that judgment under an approved payment plan. | 5800 |
(2) The following shall apply in all criminal cases: | 5801 |
(a) If a jury has been sworn at the trial of a case, the fees | 5802 |
of the jurors shall be included in the costs, which shall be paid | 5803 |
to the public treasury from which the jurors were paid. | 5804 |
(b) If a jury has not been sworn at the trial of a case | 5805 |
because of a defendant's failure to appear without good cause, the | 5806 |
costs incurred in summoning jurors for that particular trial may | 5807 |
be included in the costs of prosecution. If the costs incurred in | 5808 |
summoning jurors are assessed against the defendant, those costs | 5809 |
shall be paid to the public treasury from which the jurors were | 5810 |
paid. | 5811 |
(B) If a judge or magistrate has reason to believe that a | 5812 |
defendant has failed to pay the judgment described in division (A) | 5813 |
of this section or has failed to timely make payments towards that | 5814 |
judgment under a payment schedule approved by the judge or | 5815 |
magistrate, the judge or magistrate shall hold a hearing to | 5816 |
determine whether to order the offender to perform community | 5817 |
service for that failure. The judge or magistrate shall notify | 5818 |
both the defendant and the prosecuting attorney of the place, | 5819 |
time, and date of the hearing and shall give each an opportunity | 5820 |
to present evidence. If, after the hearing, the judge or | 5821 |
magistrate determines that the defendant has failed to pay the | 5822 |
judgment or to timely make payments under the payment schedule and | 5823 |
that imposition of community service for the failure is | 5824 |
appropriate, the judge or magistrate may order the offender to | 5825 |
perform community service in an amount of not more than forty | 5826 |
hours per month until the judgment is paid or until the judge or | 5827 |
magistrate is satisfied that the offender is in compliance with | 5828 |
the approved payment schedule. If the judge or magistrate orders | 5829 |
the defendant to perform community service under this division, | 5830 |
the defendant shall receive credit upon the judgment at the | 5831 |
specified hourly credit rate per hour of community service | 5832 |
performed, and each hour of community service performed shall | 5833 |
reduce the judgment by that amount. Except for the credit and | 5834 |
reduction provided in this division, ordering an offender to | 5835 |
perform community service under this division does not lessen the | 5836 |
amount of the judgment and does not preclude the state from taking | 5837 |
any other action to execute the judgment. | 5838 |
(C) As used in this section, "specified hourly credit rate" | 5839 |
means the wage rate that is specified in 26 U.S.C.A. 206(a)(1) | 5840 |
under the federal Fair Labor Standards Act of 1938, that then is | 5841 |
in effect, and that an employer subject to that provision must pay | 5842 |
per hour to each of the employer's employees who is subject to | 5843 |
that provision. | 5844 |
Sec. 2949.08. (A) When a person who is convicted of or | 5845 |
pleads guilty to a felony is sentenced to a community residential | 5846 |
sanction in a community-based correctional facility pursuant to | 5847 |
section 2929.16 of the Revised Code or when a person who is | 5848 |
convicted of or pleads guilty to a felony or a misdemeanor is | 5849 |
sentenced to a term of imprisonment in a jail, the judge or | 5850 |
magistrate shall order the person into the custody of the sheriff | 5851 |
or constable, and the sheriff or constable shall deliver the | 5852 |
person with the record of the person's conviction to the jailer, | 5853 |
administrator, or keeper, in whose custody the person shall remain | 5854 |
until the term of imprisonment expires or the person is otherwise | 5855 |
legally discharged. | 5856 |
(B) The record of the person's conviction shall specify the | 5857 |
total number of days, if any, that the person was confined for any | 5858 |
reason arising out of the offense for which the person was | 5859 |
convicted and sentenced prior to delivery to the jailer, | 5860 |
administrator, or keeper under this section. The record shall be | 5861 |
used to determine any reduction of sentence under division (C) of | 5862 |
this section. | 5863 |
(C)(1) If the person is sentenced to a jail for a felony or a | 5864 |
misdemeanor, the jailer in charge of a jail shall reduce the | 5865 |
sentence of a person delivered into the jailer's custody pursuant | 5866 |
to division (A) of this section by the total number of days the | 5867 |
person was confined for any reason arising out of the offense for | 5868 |
which the person was convicted and sentenced, including | 5869 |
confinement in lieu of bail while awaiting trial, confinement for | 5870 |
examination to determine the person's competence to stand trial or | 5871 |
to determine sanity, | 5872 |
to the place where the person is to serve the sentence, and | 5873 |
confinement in a juvenile facility. | 5874 |
(2) If the person is sentenced to a community-based | 5875 |
correctional facility for a felony, the total amount of time that | 5876 |
a person shall be confined in a community-based correctional | 5877 |
facility, in a jail, and for any reason arising out of the offense | 5878 |
for which the person was convicted and sentenced prior to delivery | 5879 |
to the jailer, administrator, or keeper shall not exceed the | 5880 |
maximum prison term available for that offense. Any term in a jail | 5881 |
shall be reduced first pursuant to division (C)(1) of this section | 5882 |
by the total number of days the person was confined prior to | 5883 |
delivery to the jailer, administrator, or keeper. Only after the | 5884 |
term in a jail has been entirely reduced may the term in a | 5885 |
community-based correctional facility be reduced pursuant to this | 5886 |
division. This division does not affect the limitations placed on | 5887 |
the duration of a term in a jail or a community-based correctional | 5888 |
facility under divisions (A)(1), (2), and (3) of section 2929.16 | 5889 |
of the Revised Code. | 5890 |
(D) For purposes of divisions (B) and (C) of this section, a | 5891 |
person shall be considered to have been confined for a day if the | 5892 |
person was confined for any period or periods of time totaling | 5893 |
more than eight hours during that day. | 5894 |
(E) As used in this section, "community-based correctional | 5895 |
facility" and "jail" have the same meanings as in section 2929.01 | 5896 |
of the Revised Code. | 5897 |
Sec. 2951.022. (A) As used in this section: | 5898 |
(1) "Concurrent supervision offender" means any offender who | 5899 |
has been sentenced to community control for one or more | 5900 |
misdemeanor violations or has been placed under a community | 5901 |
control sanction pursuant to section 2929.16, 2929.17, 2929.18, or | 5902 |
2929.20 of the Revised Code and who is simultaneously subject to | 5903 |
supervision by any of the following: | 5904 |
(a) Two or more municipal courts or county courts in this | 5905 |
state; | 5906 |
(b) Two or more courts of common pleas in this state; | 5907 |
(c) One or more courts of common pleas in this state and one | 5908 |
or more municipal courts or county courts in this state. | 5909 |
"Concurrent supervision offender" does not include a parolee | 5910 |
or releasee. | 5911 |
(2) "Parolee" and "releasee" have the same meanings as in | 5912 |
section 2967.01 of the Revised Code. | 5913 |
(B)(1) Except as otherwise provided in divisions (B)(2), (3), | 5914 |
and (4) of this section, a concurrent supervision offender shall | 5915 |
be supervised by the court of conviction that imposed the longest | 5916 |
possible sentence of incarceration and shall not be supervised by | 5917 |
any other court. | 5918 |
(2) In the case of a concurrent supervision offender subject | 5919 |
to supervision by two or more municipal or county courts in the | 5920 |
same county, the municipal or county court in the territorial | 5921 |
jurisdiction in which the offender resides shall supervise the | 5922 |
offender. In the case of a concurrent supervision offender subject | 5923 |
to supervision by a municipal court or county court and a court of | 5924 |
common pleas for two or more equal possible sentences, the | 5925 |
municipal or county court shall supervise the offender. In the | 5926 |
case of a concurrent supervision offender subject to supervision | 5927 |
by two or more courts of common pleas in separate counties in this | 5928 |
state, the court that lies within the same territorial | 5929 |
jurisdiction in which the offender resides shall supervise the | 5930 |
offender. | 5931 |
(3) Separate courts within the same county may enter into an | 5932 |
agreement or adopt local rules of procedure specifying, generally, | 5933 |
that concurrent supervision offenders will be supervised in a | 5934 |
manner other than that provided for in divisions (B)(1) and (2) of | 5935 |
this section. The judges of the various courts of this state | 5936 |
having authority to supervise a concurrent supervision offender | 5937 |
may by local rule authorize the chief probation officer of that | 5938 |
court to manage concurrent supervision offenders under such terms | 5939 |
and guidelines as are consistent with division (C) of this | 5940 |
section. | 5941 |
(4)(a) The judges of the various courts of this state having | 5942 |
jurisdiction over a concurrent supervision offender may agree by | 5943 |
journal entry to transfer jurisdiction over a concurrent | 5944 |
supervision offender from one court to another court in any manner | 5945 |
the courts consider appropriate, if the offender is supervised by | 5946 |
only a single supervising authority at all times. An agreement to | 5947 |
transfer supervision of an offender under division (B)(4)(a) of | 5948 |
this section shall not take effect until approved by every court | 5949 |
having authority to supervise the offender and may provide for the | 5950 |
transfer of supervision to the offender's jurisdiction of | 5951 |
residence whether or not the offender was subject to supervision | 5952 |
in that jurisdiction prior to transfer. In the case of a | 5953 |
subsequent conviction in a court other than the supervising court, | 5954 |
the supervising court may agree to accept a transfer of | 5955 |
jurisdiction from the court of conviction prior to sentencing and | 5956 |
proceed to sentence the offender according to law. | 5957 |
(b) If the judges of the various courts of this state having | 5958 |
authority to supervise a concurrent supervision offender cannot | 5959 |
reach agreement with respect to the supervision of the offender, | 5960 |
the offender may be subject to concurrent supervision in the | 5961 |
interest of justice upon the courts' consideration of the | 5962 |
provisions set forth in division (C) of this section. | 5963 |
(C) In determining whether a court maintains authority to | 5964 |
supervise an offender or transfers authority to supervise the | 5965 |
offender pursuant to division (B)(3) or (4) of this section, the | 5966 |
court shall consider all of the following: | 5967 |
(1) The safety of the community; | 5968 |
(2) The risk that the offender might reoffend; | 5969 |
(3) The nature of the offenses committed by the offender; | 5970 |
(4) The likelihood that the offender will remain in the | 5971 |
jurisdiction; | 5972 |
(5) The ability of the offender to travel to and from the | 5973 |
offender's residence and place of employment or school to the | 5974 |
offices of the supervising authority; | 5975 |
(6) The resources for residential and nonresidential | 5976 |
sanctions or rehabilitative treatment available to the various | 5977 |
courts having supervising authority; | 5978 |
(7) Any other factors consistent with the purposes of | 5979 |
sentencing. | 5980 |
(D) The court having sole authority over a concurrent | 5981 |
supervision offender pursuant to this section shall have complete | 5982 |
authority for enforcement of any financial obligations imposed by | 5983 |
any other court, shall set a payment schedule consistent with the | 5984 |
offender's ability to pay, and shall cause payments of the | 5985 |
offender's financial obligations to be directed to the sentencing | 5986 |
court in proportion to the total amounts ordered by all sentencing | 5987 |
courts, or as otherwise agreed by the sentencing courts. Financial | 5988 |
obligations include financial sanctions imposed pursuant to | 5989 |
sections 2929.18 and 2929.28 of the Revised Code, court costs, and | 5990 |
any other financial order or fee imposed by a sentencing court. A | 5991 |
supervision fee may be charged only by the agency providing | 5992 |
supervision of the case. | 5993 |
(E) Unless the local residential sanction is suspended, the | 5994 |
offender shall complete any local residential sanction before | 5995 |
jurisdiction is transferred in accordance with this section. The | 5996 |
supervising court shall respect all conditions of supervision | 5997 |
established by a sentencing court, but any conflicting or | 5998 |
inconsistent order of the supervising court shall supersede any | 5999 |
other order of a sentencing court. In the case of a concurrent | 6000 |
supervision offender, the supervising court shall determine when | 6001 |
supervision will be terminated but shall not terminate supervision | 6002 |
until all financial obligations are paid or otherwise resolved. | 6003 |
Any unpaid financial obligation is a judgment in favor of the | 6004 |
state or a political subdivision in which the court that imposed | 6005 |
the financial sanction is located, and the offender subject to the | 6006 |
financial sanction is the judgment debtor pursuant to sections | 6007 |
2929.18 and 2929.28 of the Revised Code. | 6008 |
(F) The adult parole authority and one or more courts may | 6009 |
enter into an agreement whereby a releasee or parolee who is | 6010 |
simultaneously under the supervision of the adult parole authority | 6011 |
and the court or courts is supervised exclusively by either the | 6012 |
authority or a court. | 6013 |
Sec. 2953.08. (A) In addition to any other right to appeal | 6014 |
and except as provided in division (D) of this section, a | 6015 |
defendant who is convicted of or pleads guilty to a felony may | 6016 |
appeal as a matter of right the sentence imposed upon the | 6017 |
defendant on one of the following grounds: | 6018 |
(1) The sentence consisted of or included the maximum prison | 6019 |
term allowed for the offense by division (A) of section 2929.14 or | 6020 |
section 2929.142 of the Revised Code, the maximum prison term was | 6021 |
not required for the offense pursuant to Chapter 2925. or any | 6022 |
other provision of the Revised Code, and the court imposed the | 6023 |
sentence under one of the following circumstances: | 6024 |
(a) The sentence was imposed for only one offense. | 6025 |
(b) The sentence was imposed for two or more offenses arising | 6026 |
out of a single incident, and the court imposed the maximum prison | 6027 |
term for the offense of the highest degree. | 6028 |
(2) The sentence consisted of or included a prison term, the | 6029 |
offense for which it was imposed is a felony of the fourth or | 6030 |
fifth degree or is a felony drug offense that is a violation of a | 6031 |
provision of Chapter 2925. of the Revised Code and that is | 6032 |
specified as being subject to division (B) of section 2929.13 of | 6033 |
the Revised Code for purposes of sentencing, and the court did not | 6034 |
specify at sentencing that it found one or more factors specified | 6035 |
in divisions (B) | 6036 |
Code to apply relative to the defendant. If the court specifies | 6037 |
that it found one or more of those factors to apply relative to | 6038 |
the defendant, the defendant is not entitled under this division | 6039 |
to appeal as a matter of right the sentence imposed upon the | 6040 |
offender. | 6041 |
(3) The person was convicted of or pleaded guilty to a | 6042 |
violent sex offense or a designated homicide, assault, or | 6043 |
kidnapping offense, was adjudicated a sexually violent predator in | 6044 |
relation to that offense, and was sentenced pursuant to division | 6045 |
(A)(3) of section 2971.03 of the Revised Code, if the minimum term | 6046 |
of the indefinite term imposed pursuant to division (A)(3) of | 6047 |
section 2971.03 of the Revised Code is the longest term available | 6048 |
for the offense from among the range of terms listed in section | 6049 |
2929.14 of the Revised Code. As used in this division, "designated | 6050 |
homicide, assault, or kidnapping offense" and "violent sex | 6051 |
offense" have the same meanings as in section 2971.01 of the | 6052 |
Revised Code. As used in this division, "adjudicated a sexually | 6053 |
violent predator" has the same meaning as in section 2929.01 of | 6054 |
the Revised Code, and a person is "adjudicated a sexually violent | 6055 |
predator" in the same manner and the same circumstances as are | 6056 |
described in that section. | 6057 |
(4) The sentence is contrary to law. | 6058 |
(5) The sentence consisted of an additional prison term of | 6059 |
ten years imposed pursuant to division (B)(2)(a) of section | 6060 |
2929.14 of the Revised Code. | 6061 |
(B) In addition to any other right to appeal and except as | 6062 |
provided in division (D) of this section, a prosecuting attorney, | 6063 |
a city director of law, village solicitor, or similar chief legal | 6064 |
officer of a municipal corporation, or the attorney general, if | 6065 |
one of those persons prosecuted the case, may appeal as a matter | 6066 |
of right a sentence imposed upon a defendant who is convicted of | 6067 |
or pleads guilty to a felony or, in the circumstances described in | 6068 |
division (B)(3) of this section the modification of a sentence | 6069 |
imposed upon such a defendant, on any of the following grounds: | 6070 |
(1) The sentence did not include a prison term despite a | 6071 |
presumption favoring a prison term for the offense for which it | 6072 |
was imposed, as set forth in section 2929.13 or Chapter 2925. of | 6073 |
the Revised Code. | 6074 |
(2) The sentence is contrary to law. | 6075 |
(3) The sentence is a modification under section 2929.20 of | 6076 |
the Revised Code of a sentence that was imposed for a felony of | 6077 |
the first or second degree. | 6078 |
(C)(1) In addition to the right to appeal a sentence granted | 6079 |
under division (A) or (B) of this section, a defendant who is | 6080 |
convicted of or pleads guilty to a felony may seek leave to appeal | 6081 |
a sentence imposed upon the defendant on the basis that the | 6082 |
sentencing judge has imposed consecutive sentences under division | 6083 |
(C)(3) of section 2929.14 of the Revised Code and that the | 6084 |
consecutive sentences exceed the maximum prison term allowed by | 6085 |
division (A) of that section for the most serious offense of which | 6086 |
the defendant was convicted. Upon the filing of a motion under | 6087 |
this division, the court of appeals may grant leave to appeal the | 6088 |
sentence if the court determines that the allegation included as | 6089 |
the basis of the motion is true. | 6090 |
(2) A defendant may seek leave to appeal an additional | 6091 |
sentence imposed upon the defendant pursuant to division (B)(2)(a) | 6092 |
or (b) of section 2929.14 of the Revised Code if the additional | 6093 |
sentence is for a definite prison term that is longer than five | 6094 |
years. | 6095 |
(D)(1) A sentence imposed upon a defendant is not subject to | 6096 |
review under this section if the sentence is authorized by law, | 6097 |
has been recommended jointly by the defendant and the prosecution | 6098 |
in the case, and is imposed by a sentencing judge. | 6099 |
(2) Except as provided in division (C)(2) of this section, a | 6100 |
sentence imposed upon a defendant is not subject to review under | 6101 |
this section if the sentence is imposed pursuant to division | 6102 |
(B)(2)(b) of section 2929.14 of the Revised Code. Except as | 6103 |
otherwise provided in this division, a defendant retains all | 6104 |
rights to appeal as provided under this chapter or any other | 6105 |
provision of the Revised Code. A defendant has the right to appeal | 6106 |
under this chapter or any other provision of the Revised Code the | 6107 |
court's application of division (B)(2)(c) of section 2929.14 of | 6108 |
the Revised Code. | 6109 |
(3) A sentence imposed for aggravated murder or murder | 6110 |
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not | 6111 |
subject to review under this section. | 6112 |
(E) A defendant, prosecuting attorney, city director of law, | 6113 |
village solicitor, or chief municipal legal officer shall file an | 6114 |
appeal of a sentence under this section to a court of appeals | 6115 |
within the time limits specified in Rule 4(B) of the Rules of | 6116 |
Appellate Procedure, provided that if the appeal is pursuant to | 6117 |
division (B)(3) of this section, the time limits specified in that | 6118 |
rule shall not commence running until the court grants the motion | 6119 |
that makes the sentence modification in question. A sentence | 6120 |
appeal under this section shall be consolidated with any other | 6121 |
appeal in the case. If no other appeal is filed, the court of | 6122 |
appeals may review only the portions of the trial record that | 6123 |
pertain to sentencing. | 6124 |
(F) On the appeal of a sentence under this section, the | 6125 |
record to be reviewed shall include all of the following, as | 6126 |
applicable: | 6127 |
(1) Any presentence, psychiatric, or other investigative | 6128 |
report that was submitted to the court in writing before the | 6129 |
sentence was imposed. An appellate court that reviews a | 6130 |
presentence investigation report prepared pursuant to section | 6131 |
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in | 6132 |
connection with the appeal of a sentence under this section shall | 6133 |
comply with division (D)(3) of section 2951.03 of the Revised Code | 6134 |
when the appellate court is not using the presentence | 6135 |
investigation report, and the appellate court's use of a | 6136 |
presentence investigation report of that nature in connection with | 6137 |
the appeal of a sentence under this section does not affect the | 6138 |
otherwise confidential character of the contents of that report as | 6139 |
described in division (D)(1) of section 2951.03 of the Revised | 6140 |
Code and does not cause that report to become a public record, as | 6141 |
defined in section 149.43 of the Revised Code, following the | 6142 |
appellate court's use of the report. | 6143 |
(2) The trial record in the case in which the sentence was | 6144 |
imposed; | 6145 |
(3) Any oral or written statements made to or by the court at | 6146 |
the sentencing hearing at which the sentence was imposed; | 6147 |
(4) Any written findings that the court was required to make | 6148 |
in connection with the modification of the sentence pursuant to a | 6149 |
judicial release under division (I) of section 2929.20 of the | 6150 |
Revised Code. | 6151 |
(G)(1) If the sentencing court was required to make the | 6152 |
findings required by division (B) or (D) of section 2929.13 or | 6153 |
division (I) of section 2929.20 of the Revised Code, or to state | 6154 |
the findings of the trier of fact required by division (B)(2)(e) | 6155 |
of section 2929.14 of the Revised Code, relative to the imposition | 6156 |
or modification of the sentence, and if the sentencing court | 6157 |
failed to state the required findings on the record, the court | 6158 |
hearing an appeal under division (A), (B), or (C) of this section | 6159 |
shall remand the case to the sentencing court and instruct the | 6160 |
sentencing court to state, on the record, the required findings. | 6161 |
(2) The court hearing an appeal under division (A), (B), or | 6162 |
(C) of this section shall review the record, including the | 6163 |
findings underlying the sentence or modification given by the | 6164 |
sentencing court. | 6165 |
The appellate court may increase, reduce, or otherwise modify | 6166 |
a sentence that is appealed under this section or may vacate the | 6167 |
sentence and remand the matter to the sentencing court for | 6168 |
resentencing. The appellate court's standard for review is not | 6169 |
whether the sentencing court abused its discretion. The appellate | 6170 |
court may take any action authorized by this division if it | 6171 |
clearly and convincingly finds either of the following: | 6172 |
(a) That the record does not support the sentencing court's | 6173 |
findings under division (B) or (D) of section 2929.13, division | 6174 |
(B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section | 6175 |
2929.20 of the Revised Code, whichever, if any, is relevant; | 6176 |
(b) That the sentence is otherwise contrary to law. | 6177 |
(H) A judgment or final order of a court of appeals under | 6178 |
this section may be appealed, by leave of court, to the supreme | 6179 |
court. | 6180 |
(I)(1) There is hereby established the felony sentence appeal | 6181 |
cost oversight committee, consisting of eight members. One member | 6182 |
shall be the chief justice of the supreme court or a | 6183 |
representative of the court designated by the chief justice, one | 6184 |
member shall be a member of the senate appointed by the president | 6185 |
of the senate, one member shall be a member of the house of | 6186 |
representatives appointed by the speaker of the house of | 6187 |
representatives, one member shall be the director of budget and | 6188 |
management or a representative of the office of budget and | 6189 |
management designated by the director, one member shall be a judge | 6190 |
of a court of appeals, court of common pleas, municipal court, or | 6191 |
county court appointed by the chief justice of the supreme court, | 6192 |
one member shall be the state public defender or a representative | 6193 |
of the office of the state public defender designated by the state | 6194 |
public defender, one member shall be a prosecuting attorney | 6195 |
appointed by the Ohio prosecuting attorneys association, and one | 6196 |
member shall be a county commissioner appointed by the county | 6197 |
commissioners association of Ohio. No more than three of the | 6198 |
appointed members of the committee may be members of the same | 6199 |
political party. | 6200 |
The president of the senate, the speaker of the house of | 6201 |
representatives, the chief justice of the supreme court, the Ohio | 6202 |
prosecuting attorneys association, and the county commissioners | 6203 |
association of Ohio shall make the initial appointments to the | 6204 |
committee of the appointed members no later than ninety days after | 6205 |
July 1, 1996. Of those initial appointments to the committee, the | 6206 |
members appointed by the speaker of the house of representatives | 6207 |
and the Ohio prosecuting attorneys association shall serve a term | 6208 |
ending two years after July 1, 1996, the member appointed by the | 6209 |
chief justice of the supreme court shall serve a term ending three | 6210 |
years after July 1, 1996, and the members appointed by the | 6211 |
president of the senate and the county commissioners association | 6212 |
of Ohio shall serve terms ending four years after July 1, 1996. | 6213 |
Thereafter, terms of office of the appointed members shall be for | 6214 |
four years, with each term ending on the same day of the same | 6215 |
month as did the term that it succeeds. Members may be | 6216 |
reappointed. Vacancies shall be filled in the same manner provided | 6217 |
for original appointments. A member appointed to fill a vacancy | 6218 |
occurring prior to the expiration of the term for which that | 6219 |
member's predecessor was appointed shall hold office as a member | 6220 |
for the remainder of the predecessor's term. An appointed member | 6221 |
shall continue in office subsequent to the expiration date of that | 6222 |
member's term until that member's successor takes office or until | 6223 |
a period of sixty days has elapsed, whichever occurs first. | 6224 |
If the chief justice of the supreme court, the director of | 6225 |
the office of budget and management, or the state public defender | 6226 |
serves as a member of the committee, that person's term of office | 6227 |
as a member shall continue for as long as that person holds office | 6228 |
as chief justice, director of the office of budget and management, | 6229 |
or state public defender. If the chief justice of the supreme | 6230 |
court designates a representative of the court to serve as a | 6231 |
member, the director of budget and management designates a | 6232 |
representative of the office of budget and management to serve as | 6233 |
a member, or the state public defender designates a representative | 6234 |
of the office of the state public defender to serve as a member, | 6235 |
the person so designated shall serve as a member of the commission | 6236 |
for as long as the official who made the designation holds office | 6237 |
as chief justice, director of the office of budget and management, | 6238 |
or state public defender or until that official revokes the | 6239 |
designation. | 6240 |
The chief justice of the supreme court or the representative | 6241 |
of the supreme court appointed by the chief justice shall serve as | 6242 |
chairperson of the committee. The committee shall meet within two | 6243 |
weeks after all appointed members have been appointed and shall | 6244 |
organize as necessary. Thereafter, the committee shall meet at | 6245 |
least once every six months or more often upon the call of the | 6246 |
chairperson or the written request of three or more members, | 6247 |
provided that the committee shall not meet unless moneys have been | 6248 |
appropriated to the judiciary budget administered by the supreme | 6249 |
court specifically for the purpose of providing financial | 6250 |
assistance to counties under division (I)(2) of this section and | 6251 |
the moneys so appropriated then are available for that purpose. | 6252 |
The members of the committee shall serve without | 6253 |
compensation, but, if moneys have been appropriated to the | 6254 |
judiciary budget administered by the supreme court specifically | 6255 |
for the purpose of providing financial assistance to counties | 6256 |
under division (I)(2) of this section, each member shall be | 6257 |
reimbursed out of the moneys so appropriated that then are | 6258 |
available for actual and necessary expenses incurred in the | 6259 |
performance of official duties as a committee member. | 6260 |
(2) The state criminal sentencing commission periodically | 6261 |
shall provide to the felony sentence appeal cost oversight | 6262 |
committee all data the commission collects pursuant to division | 6263 |
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the | 6264 |
data from the state criminal sentencing commission, the felony | 6265 |
sentence appeal cost oversight committee periodically shall review | 6266 |
the data; determine whether any money has been appropriated to the | 6267 |
judiciary budget administered by the supreme court specifically | 6268 |
for the purpose of providing state financial assistance to | 6269 |
counties in accordance with this division for the increase in | 6270 |
expenses the counties experience as a result of the felony | 6271 |
sentence appeal provisions set forth in this section or as a | 6272 |
result of a postconviction relief proceeding brought under | 6273 |
division (A)(2) of section 2953.21 of the Revised Code or an | 6274 |
appeal of a judgment in that proceeding; if it determines that any | 6275 |
money has been so appropriated, determine the total amount of | 6276 |
moneys that have been so appropriated specifically for that | 6277 |
purpose and that then are available for that purpose; and develop | 6278 |
a recommended method of distributing those moneys to the counties. | 6279 |
The committee shall send a copy of its recommendation to the | 6280 |
supreme court. Upon receipt of the committee's recommendation, the | 6281 |
supreme court shall distribute to the counties, based upon that | 6282 |
recommendation, the moneys that have been so appropriated | 6283 |
specifically for the purpose of providing state financial | 6284 |
assistance to counties under this division and that then are | 6285 |
available for that purpose. | 6286 |
Sec. 2953.25. (A) As used in this section: | 6287 |
(1) "Collateral sanction" means a penalty, disability, or | 6288 |
disadvantage that is related to employment or occupational | 6289 |
licensing, however denominated, as a result of the individual's | 6290 |
conviction of or plea of guilty to an offense and that applies by | 6291 |
operation of law in this state whether or not the penalty, | 6292 |
disability, or disadvantage is included in the sentence or | 6293 |
judgment imposed. | 6294 |
"Collateral sanction" does not include imprisonment, | 6295 |
probation, parole, supervised release, forfeiture, restitution, | 6296 |
fine, assessment, or costs of prosecution. | 6297 |
(2) "Decision-maker" includes, but is not limited to, the | 6298 |
state acting through a department, agency, board, commission, or | 6299 |
instrumentality established by the law of this state for the | 6300 |
exercise of any function of government, a political subdivision, | 6301 |
an educational institution, or a government contractor or | 6302 |
subcontractor made subject to this section by contract, law, or | 6303 |
ordinance. | 6304 |
(3) "Department-funded program" means a residential or | 6305 |
nonresidential program that is not a term in a state correctional | 6306 |
institution, that is funded in whole or part by the department of | 6307 |
rehabilitation and correction, and that is imposed as a sanction | 6308 |
for an offense, as part of a sanction that is imposed for an | 6309 |
offense, or as a term or condition of any sanction that is imposed | 6310 |
for an offense. | 6311 |
(4) "Designee" means the person designated by the deputy | 6312 |
director of the division of parole and community services to | 6313 |
perform the duties designated in division (B) of this section. | 6314 |
(5) "Division of parole and community services" means the | 6315 |
division of parole and community services of the department of | 6316 |
rehabilitation and correction. | 6317 |
(6) "Offense" means any felony or misdemeanor under the laws | 6318 |
of this state. | 6319 |
(7) "Political subdivision" has the same meaning as in | 6320 |
section 2969.21 of the Revised Code. | 6321 |
(B)(1) After the provisions of this division become operative | 6322 |
as described in division (J) of this section, an individual who is | 6323 |
subject to one or more collateral sanctions as a result of being | 6324 |
convicted of or pleading guilty to an offense and who either has | 6325 |
served a term in a state correctional institution for any offense | 6326 |
or has spent time in a department-funded program for any offense | 6327 |
may file a petition with the designee of the deputy director of | 6328 |
the division of parole and community services for a certificate of | 6329 |
qualification for employment. | 6330 |
(2) After the provisions of this division become operative as | 6331 |
described in division (J) of this section, an individual who is | 6332 |
subject to one or more collateral sanctions as a result of being | 6333 |
convicted of or pleading guilty to an offense and who is not in a | 6334 |
category described in division (B)(1) of this section may file a | 6335 |
petition with the court of common pleas of the county in which the | 6336 |
person resides or with the designee of the deputy director of the | 6337 |
division of parole and community services for a certificate of | 6338 |
qualification for employment. | 6339 |
(3) A petition under division (B)(1) or (2) of this section | 6340 |
shall be made on a copy of the form prescribed by the division of | 6341 |
parole and community services under division (J) of this section | 6342 |
and shall contain all of the information described in division (F) | 6343 |
of this section. | 6344 |
(4) An individual may file a petition under division (B)(1) | 6345 |
or (2) of this section at any time after the expiration of | 6346 |
whichever of the following is applicable: | 6347 |
(a) If the offense that resulted in the collateral sanction | 6348 |
from which the individual seeks relief is a felony, at any time | 6349 |
after the expiration of one year from the date of release of the | 6350 |
individual from any period of incarceration in a state or local | 6351 |
correctional facility that was imposed for that offense and all | 6352 |
periods of supervision imposed after release from the period of | 6353 |
incarceration or, if the individual was not incarcerated for that | 6354 |
offense, at any time after the expiration of one year from the | 6355 |
date of the individual's final release from all other sanctions | 6356 |
imposed for that offense. | 6357 |
(b) If the offense that resulted in the collateral sanction | 6358 |
from which the individual seeks relief is a misdemeanor, at any | 6359 |
time after the expiration of six months from the date of release | 6360 |
of the individual from any period of incarceration in a local | 6361 |
correctional facility that was imposed for that offense and all | 6362 |
periods of supervision imposed after release from the period of | 6363 |
incarceration or, if the individual was not incarcerated for that | 6364 |
offense, at any time after the expiration of six months from the | 6365 |
date of the final release of the individual from all sanctions | 6366 |
imposed for that offense including any period of supervision. | 6367 |
(5)(a) A designee that receives a petition for a | 6368 |
certification of qualification for employment from an individual | 6369 |
under division (B)(1) or (2) of this section shall review the | 6370 |
petition to determine whether it is complete. If the petition is | 6371 |
complete, the designee shall forward the petition, and any other | 6372 |
information the designee possesses that relates to the petition, | 6373 |
to the court of common pleas of the county in which the individual | 6374 |
resides. | 6375 |
(b) A court of common pleas that receives a petition for a | 6376 |
certificate of qualification for employment from an individual | 6377 |
under division (B)(2) of this section, or that is forwarded a | 6378 |
petition for such a certificate under division (B)(5)(a) of this | 6379 |
section, shall attempt to determine all other courts in this state | 6380 |
in which the individual was convicted of or pleaded guilty to an | 6381 |
offense other than the offense from which the individual is | 6382 |
seeking relief. The court that receives or is forwarded the | 6383 |
petition shall notify all other courts in this state that it | 6384 |
determines under this division were courts in which the individual | 6385 |
was convicted of or pleaded guilty to an offense other than the | 6386 |
offense from which the individual is seeking relief that the | 6387 |
individual has filed the petition and that the court may send | 6388 |
comments regarding the possible issuance of the certificate. | 6389 |
A court of common pleas that receives a petition for a | 6390 |
certificate of qualification for employment under division (B)(2) | 6391 |
of this section shall notify the prosecuting attorney of the | 6392 |
county in which the individual resides that the individual has | 6393 |
filed the petition. | 6394 |
(C)(1) Upon receiving a petition for a certificate of | 6395 |
qualification for employment filed by an individual under division | 6396 |
(B)(2) of this section or being forwarded a petition for such a | 6397 |
certificate under division (B)(5)(a) of this section, the court | 6398 |
shall review the individual's petition, the individual's criminal | 6399 |
history, all filings submitted by the prosecutor or by the victim | 6400 |
in accordance with rules adopted by the division of parole and | 6401 |
community services, and all other relevant evidence. The court may | 6402 |
order any report, investigation, or disclosure by the individual | 6403 |
that the court believes is necessary for the court to reach a | 6404 |
decision on whether to approve the individual's petition for a | 6405 |
certificate of qualification for employment. | 6406 |
(2) Upon receiving a petition for a certificate of | 6407 |
qualification for employment filed by an individual under division | 6408 |
(B)(2) of this section or being forwarded a petition for such a | 6409 |
certificate under division (B)(5)(a) of this section, except as | 6410 |
otherwise provided in this division, the court shall decide | 6411 |
whether to issue the certificate within sixty days after the court | 6412 |
receives or is forwarded the completed petition and all | 6413 |
information requested for the court to make that decision. Upon | 6414 |
request of the individual who filed the petition, the court may | 6415 |
extend the sixty-day period specified in this division. | 6416 |
(3) Subject to division (C)(5) of this section, a court that | 6417 |
receives an individual's petition for a certificate of | 6418 |
qualification for employment under division (B)(2) of this section | 6419 |
or that is forwarded a petition for such a certificate under | 6420 |
division (B)(5)(a) of this section may issue a certificate of | 6421 |
qualification for employment, at the court's discretion, if the | 6422 |
court finds that the individual has established all of the | 6423 |
following by a preponderance of the evidence: | 6424 |
(a) Granting the petition will materially assist the | 6425 |
individual in obtaining employment or occupational licensing. | 6426 |
(b) The individual has a substantial need for the relief | 6427 |
requested in order to live a law-abiding life. | 6428 |
(c) Granting the petition would not pose an unreasonable risk | 6429 |
to the safety of the public or any individual. | 6430 |
(4) The submission of an incomplete petition by an individual | 6431 |
shall not be grounds for the designee or court to deny the | 6432 |
petition. | 6433 |
(5) A court that receives an individual's petition for a | 6434 |
certificate of qualification for employment under division (B)(2) | 6435 |
of this section or that is forwarded a petition for such a | 6436 |
certificate under division (B)(5)(a) of this section shall not | 6437 |
issue a certificate of qualification for employment that grants | 6438 |
the individual relief from any of the following collateral | 6439 |
sanctions: | 6440 |
(a) Requirements imposed by Chapter 2950. of the Revised Code | 6441 |
and rules adopted under sections 2950.13 and 2950.132 of the | 6442 |
Revised Code; | 6443 |
(b) A driver's license, commercial driver's license, or | 6444 |
probationary license suspension, cancellation, or revocation | 6445 |
pursuant to section 4510.037, 4510.07, 4511.19, or 4511.191 of the | 6446 |
Revised Code if the relief sought is available pursuant to section | 6447 |
4510.021 or division (B) of section 4510.13 of the Revised Code; | 6448 |
(c) Restrictions on employment as a prosecutor or law | 6449 |
enforcement officer; | 6450 |
(d) The denial, ineligibility, or automatic suspension of a | 6451 |
license that is imposed upon an individual applying for or holding | 6452 |
a license as a health care professional under Title XLVII of the | 6453 |
Revised Code if the individual is convicted of, pleads guilty to, | 6454 |
is subject to a judicial finding of eligibility for intervention | 6455 |
in lieu of conviction in this state under section 2951.041 of the | 6456 |
Revised Code, or is subject to treatment or intervention in lieu | 6457 |
of conviction for a violation of section 2903.01, 2903.02, | 6458 |
2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, | 6459 |
2911.01, 2911.11, or 2919.123 of the Revised Code; | 6460 |
(e) The immediate suspension of a license, certificate, or | 6461 |
evidence of registration that is imposed upon an individual | 6462 |
holding a license as a health care professional under Title XLVII | 6463 |
of the Revised Code pursuant to division (C) of section 3719.121 | 6464 |
of the Revised Code; | 6465 |
(f) The denial or ineligibility for employment in a pain | 6466 |
clinic under division (B)(4) of section 4729.552 of the Revised | 6467 |
Code; | 6468 |
(g) The mandatory suspension of a license that is imposed on | 6469 |
an individual applying for or holding a license as a health care | 6470 |
professional under Title XLVII of the Revised Code pursuant to | 6471 |
section 3123.43 of the Revised Code. | 6472 |
(6) If a court that receives an individual's petition for a | 6473 |
certificate of qualification for employment under division (B)(2) | 6474 |
of this section or that is forwarded a petition for such a | 6475 |
certificate under division (B)(5)(a) of this section denies the | 6476 |
petition, the court shall provide written notice to the individual | 6477 |
of the court's denial. The court may place conditions on the | 6478 |
individual regarding the individual's filing of any subsequent | 6479 |
petition for a certificate of qualification for employment. The | 6480 |
written notice must notify the individual of any conditions placed | 6481 |
on the individual's filing of a subsequent petition for a | 6482 |
certificate of qualification for employment. | 6483 |
If a court of common pleas that receives an individual's | 6484 |
petition for a certificate of qualification for employment under | 6485 |
division (B)(2) of this section or that is forwarded a petition | 6486 |
for such a certificate under division (B)(5)(a) of this section | 6487 |
denies the petition, the individual may appeal the decision to the | 6488 |
court of appeals only if the individual alleges that the denial | 6489 |
was an abuse of discretion on the part of the court of common | 6490 |
pleas. | 6491 |
(D) A certificate of qualification for employment issued to | 6492 |
an individual lifts the automatic bar of a collateral sanction, | 6493 |
and a decision-maker shall consider on a case-by-case basis | 6494 |
whether to grant or deny the issuance or restoration of an | 6495 |
occupational license or an employment opportunity, notwithstanding | 6496 |
the individual's possession of the certificate, without, however, | 6497 |
reconsidering or rejecting any finding made by a designee or court | 6498 |
under division (C)(3) of this section. | 6499 |
(E) A certificate of qualification for employment does not | 6500 |
grant the individual to whom the certificate was issued relief | 6501 |
from the mandatory civil impacts identified in division (A)(1) of | 6502 |
section 2961.01 or division (B) of section 2961.02 of the Revised | 6503 |
Code. | 6504 |
(F) A petition for a certificate of qualification for | 6505 |
employment filed by an individual under division (B)(1) or (2) of | 6506 |
this section shall include all of the following: | 6507 |
(1) The individual's name, date of birth, and social security | 6508 |
number; | 6509 |
(2) All aliases of the individual and all social security | 6510 |
numbers associated with those aliases; | 6511 |
(3) The individual's residence address, including the city, | 6512 |
county, and state of residence and zip code; | 6513 |
(4) The length of time that the individual has been a | 6514 |
resident of this state, expressed in years and months of | 6515 |
residence; | 6516 |
(5) The name or type of each collateral sanction from which | 6517 |
the individual is requesting a certificate of qualification for | 6518 |
employment; | 6519 |
(6) A summary of the individual's criminal history with | 6520 |
respect to each offense that is a disqualification from employment | 6521 |
or licensing in an occupation or profession, including the years | 6522 |
of each conviction or plea of guilty for each of those offenses; | 6523 |
(7) A summary of the individual's employment history, | 6524 |
specifying the name of, and dates of employment with, each | 6525 |
employer; | 6526 |
(8) Verifiable references and endorsements; | 6527 |
(9) The name of one or more immediate family members of the | 6528 |
individual, or other persons with whom the individual has a close | 6529 |
relationship, who support the individual's reentry plan; | 6530 |
(10) A summary of the reason the individual believes the | 6531 |
certificate of qualification for employment should be granted; | 6532 |
(11) Any other information required by rule by the department | 6533 |
of rehabilitation and correction. | 6534 |
(G)(1) In a judicial or administrative proceeding alleging | 6535 |
negligence or other fault, a certificate of qualification for | 6536 |
employment issued to an individual under this section may be | 6537 |
introduced as evidence of a person's due care in hiring, | 6538 |
retaining, licensing, leasing to, admitting to a school or | 6539 |
program, or otherwise transacting business or engaging in activity | 6540 |
with the individual to whom the certificate of qualification for | 6541 |
employment was issued if the person knew of the certificate at the | 6542 |
time of the alleged negligence or other fault. | 6543 |
(2) In any proceeding on a claim against an employer for | 6544 |
negligent hiring, a certificate of qualification for employment | 6545 |
issued to an individual under this section shall provide immunity | 6546 |
for the employer as to the claim if the employer knew of the | 6547 |
certificate at the time of the alleged negligence. | 6548 |
(3) If an employer hires an individual who has been issued a | 6549 |
certificate of qualification for employment under this section, if | 6550 |
the individual, after being hired, subsequently demonstrates | 6551 |
dangerousness or is convicted of or pleads guilty to a felony, and | 6552 |
if the employer retains the individual as an employee after the | 6553 |
demonstration of dangerousness or the conviction or guilty plea, | 6554 |
the employer may be held liable in a civil action that is based on | 6555 |
or relates to the retention of the individual as an employee only | 6556 |
if it is proved by a preponderance of the evidence that the person | 6557 |
having hiring and firing responsibility for the employer had | 6558 |
actual knowledge that the employee was dangerous or had been | 6559 |
convicted of or pleaded guilty to the felony and was willful in | 6560 |
retaining the individual as an employee after the demonstration of | 6561 |
dangerousness or the conviction or guilty plea of which the person | 6562 |
has actual knowledge. | 6563 |
(H) A certificate of qualification for employment issued | 6564 |
under this section shall be presumptively revoked if the | 6565 |
individual to whom the certificate of qualification for employment | 6566 |
was issued is convicted of or pleads guilty to a felony offense | 6567 |
committed subsequent to the issuance of the certificate of | 6568 |
qualification for employment. | 6569 |
(I) A designee's forwarding, or failure to forward, a | 6570 |
petition for a certificate of qualification for employment to a | 6571 |
court or a court's issuance, or failure to issue, a petition for a | 6572 |
certificate of qualification for employment to an individual under | 6573 |
division (B) of this section does not give rise to a claim for | 6574 |
damages against the department of rehabilitation and correction or | 6575 |
court. | 6576 |
(J) Not later than ninety days after the effective date of | 6577 |
this section, the division of parole and community services shall | 6578 |
adopt rules in accordance with Chapter 119. of the Revised Code | 6579 |
for the implementation and administration of this section and | 6580 |
shall prescribe the form for the petition to be used under | 6581 |
division (B)(1) or (2) of this section. The form for the petition | 6582 |
shall include places for all of the information specified in | 6583 |
division (F) of this section. Upon the adoption of the rules, the | 6584 |
provisions of divisions (A) to (I) of this section become | 6585 |
operative. | 6586 |
(K) The department of rehabilitation and correction shall | 6587 |
conduct a study to determine the manner for transferring the | 6588 |
mechanism for the issuance of a certificate of qualification for | 6589 |
employment created by this section to an electronic database | 6590 |
established and maintained by the department. The database to | 6591 |
which the mechanism is to be transferred shall include granted | 6592 |
certificates and revoked certificates and shall be designed to | 6593 |
track the number of certificates granted and revoked, the | 6594 |
industries, occupations, and professions with respect to which the | 6595 |
certificates have been most applicable, the types of employers | 6596 |
that have accepted the certificates, and the recidivism rates of | 6597 |
individuals who have been issued the certificates. Not later than | 6598 |
the date that is one year after the effective date of this | 6599 |
section, the department of rehabilitation and correction shall | 6600 |
submit to the general assembly and the governor a report that | 6601 |
contains the results of the study and recommendations for | 6602 |
transferring the mechanism for the issuance of certificate of | 6603 |
qualification for employment created by this section to an | 6604 |
electronic database established and maintained by the department. | 6605 |
(L) The department of rehabilitation and correction, in | 6606 |
conjunction with the Ohio judicial conference, shall conduct a | 6607 |
study to determine whether the application process for | 6608 |
certificates of qualification for employment created by this | 6609 |
section is feasible based upon the caseload capacity of the | 6610 |
department and the courts of common pleas. Not later than the date | 6611 |
that is one year after the effective date of this section, the | 6612 |
department shall submit to the general assembly a report that | 6613 |
contains the results of the study and any recommendations for | 6614 |
improvement of the application process. | 6615 |
Sec. 2953.31. As used in sections 2953.31 to 2953.36 of the | 6616 |
Revised Code: | 6617 |
(A) " | 6618 |
convicted of an offense in this state or any other jurisdiction | 6619 |
and who
| 6620 |
6621 | |
conviction, not more than two misdemeanor convictions if the | 6622 |
convictions are not of the same offense, or not more than one | 6623 |
felony conviction and one misdemeanor conviction in this state or | 6624 |
any other jurisdiction. When two or more convictions result from | 6625 |
or are connected with the same act or result from offenses | 6626 |
committed at the same time, they shall be counted as one | 6627 |
conviction. When two or three convictions result from the same | 6628 |
indictment, information, or complaint, from the same plea of | 6629 |
guilty, or from the same official proceeding, and result from | 6630 |
related criminal acts that were committed within a three-month | 6631 |
period but do not result from the same act or from offenses | 6632 |
committed at the same time, they shall be counted as one | 6633 |
conviction, provided that a court may decide as provided in | 6634 |
division (C)(1)(a) of section 2953.32 of the Revised Code that it | 6635 |
is not in the public interest for the two or three convictions to | 6636 |
be counted as one conviction. | 6637 |
For purposes of, and except as otherwise provided in, this | 6638 |
division, a conviction for a minor misdemeanor, for a violation of | 6639 |
any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the | 6640 |
Revised Code, or for a violation of a municipal ordinance that is | 6641 |
substantially similar to any section in those chapters is not a | 6642 |
6643 | |
violation of section 4511.19, 4511.251, 4549.02, 4549.021, | 6644 |
4549.03, 4549.042, or 4549.62 or sections 4549.41 to 4549.46 of | 6645 |
the Revised Code, for a violation of section 4510.11 or 4510.14 of | 6646 |
the Revised Code that is based upon the offender's operation of a | 6647 |
vehicle during a suspension imposed under section 4511.191 or | 6648 |
4511.196 of the Revised Code, for a violation of a substantially | 6649 |
equivalent municipal ordinance, for a felony violation of Title | 6650 |
XLV of the Revised Code, or for a violation of a substantially | 6651 |
equivalent former law of this state or former municipal ordinance | 6652 |
shall be considered a | 6653 |
(B) "Prosecutor" means the county prosecuting attorney, city | 6654 |
director of law, village solicitor, or similar chief legal | 6655 |
officer, who has the authority to prosecute a criminal case in the | 6656 |
court in which the case is filed. | 6657 |
(C) "Bail forfeiture" means the forfeiture of bail by a | 6658 |
defendant who is arrested for the commission of a misdemeanor, | 6659 |
other than a defendant in a traffic case as defined in Traffic | 6660 |
Rule 2, if the forfeiture is pursuant to an agreement with the | 6661 |
court and prosecutor in the case. | 6662 |
(D) "Official records" has the same meaning as in division | 6663 |
(D) of section 2953.51 of the Revised Code. | 6664 |
(E) "Official proceeding" has the same meaning as in section | 6665 |
2921.01 of the Revised Code. | 6666 |
(F) "Community control sanction" has the same meaning as in | 6667 |
section 2929.01 of the Revised Code. | 6668 |
(G) "Post-release control" and "post-release control | 6669 |
sanction" have the same meanings as in section 2967.01 of the | 6670 |
Revised Code. | 6671 |
(H) "DNA database," "DNA record," and "law enforcement | 6672 |
agency" have the same meanings as in section 109.573 of the | 6673 |
Revised Code. | 6674 |
(I) "Fingerprints filed for record" means any fingerprints | 6675 |
obtained by the superintendent of the bureau of criminal | 6676 |
identification and investigation pursuant to sections 109.57 and | 6677 |
109.571 of the Revised Code. | 6678 |
Sec. 2953.32. (A)(1) Except as provided in section 2953.61 | 6679 |
of the Revised Code, | 6680 |
sentencing court if convicted in this state, or to a court of | 6681 |
common pleas if convicted in another state or in a federal court, | 6682 |
for the sealing of the conviction record. Application may be made | 6683 |
at the expiration of three years after the offender's final | 6684 |
discharge if convicted of a felony, or at the expiration of one | 6685 |
year after the offender's final discharge if convicted of a | 6686 |
misdemeanor. | 6687 |
(2) Any person who has been arrested for any misdemeanor | 6688 |
offense and who has effected a bail forfeiture may apply to the | 6689 |
court in which the misdemeanor criminal case was pending when bail | 6690 |
was forfeited for the sealing of the record of the case. Except as | 6691 |
provided in section 2953.61 of the Revised Code, the application | 6692 |
may be filed at any time after the expiration of one year from the | 6693 |
date on which the bail forfeiture was entered upon the minutes of | 6694 |
the court or the journal, whichever entry occurs first. | 6695 |
(B) Upon the filing of an application under this section, the | 6696 |
court shall set a date for a hearing and shall notify the | 6697 |
prosecutor for the case of the hearing on the application. The | 6698 |
prosecutor may object to the granting of the application by filing | 6699 |
an objection with the court prior to the date set for the hearing. | 6700 |
The prosecutor shall specify in the objection the reasons for | 6701 |
believing a denial of the application is justified. The court | 6702 |
shall direct its regular probation officer, a state probation | 6703 |
officer, or the department of probation of the county in which the | 6704 |
applicant resides to make inquiries and written reports as the | 6705 |
court requires concerning the applicant. If the applicant was | 6706 |
convicted of or pleaded guilty to a violation of division (A)(2) | 6707 |
or (B) of section 2919.21 of the Revised Code, the probation | 6708 |
officer or county department of probation that the court directed | 6709 |
to make inquiries concerning the applicant shall contact the child | 6710 |
support enforcement agency enforcing the applicant's obligations | 6711 |
under the child support order to inquire about the offender's | 6712 |
compliance with the child support order. | 6713 |
(C)(1) The court shall do each of the following: | 6714 |
(a) Determine whether the applicant is | 6715 |
offender or whether the forfeiture of bail was agreed to by the | 6716 |
applicant and the prosecutor in the case. If the applicant applies | 6717 |
as | 6718 |
this section and has two or three convictions that result from the | 6719 |
same indictment, information, or complaint, from the same plea of | 6720 |
guilty, or from the same official proceeding, and result from | 6721 |
related criminal acts that were committed within a three-month | 6722 |
period but do not result from the same act or from offenses | 6723 |
committed at the same time, in making its determination under this | 6724 |
division, the court initially shall determine whether it is not in | 6725 |
the public interest for the two or three convictions to be counted | 6726 |
as one conviction. If the court determines that it is not in the | 6727 |
public interest for the two or three convictions to be counted as | 6728 |
one conviction, the court shall determine that the applicant is | 6729 |
not | 6730 |
determination, the court shall determine that the offender is | 6731 |
6732 |
(b) Determine whether criminal proceedings are pending | 6733 |
against the applicant; | 6734 |
(c) If the applicant is | 6735 |
applies pursuant to division (A)(1) of this section, determine | 6736 |
whether the applicant has been rehabilitated to the satisfaction | 6737 |
of the court; | 6738 |
(d) If the prosecutor has filed an objection in accordance | 6739 |
with division (B) of this section, consider the reasons against | 6740 |
granting the application specified by the prosecutor in the | 6741 |
objection; | 6742 |
(e) Weigh the interests of the applicant in having the | 6743 |
records pertaining to the applicant's conviction sealed against | 6744 |
the legitimate needs, if any, of the government to maintain those | 6745 |
records. | 6746 |
(2) If the court determines, after complying with division | 6747 |
(C)(1) of this section, that the applicant is | 6748 |
offender or the subject of a bail forfeiture, that no criminal | 6749 |
proceeding is pending against the applicant, and that the | 6750 |
interests of the applicant in having the records pertaining to the | 6751 |
applicant's conviction or bail forfeiture sealed are not | 6752 |
outweighed by any legitimate governmental needs to maintain those | 6753 |
records, and that the rehabilitation of an applicant who is | 6754 |
6755 | |
this section has been attained to the satisfaction of the court, | 6756 |
the court, except as provided in divisions (G) and (H) of this | 6757 |
section, shall order all official records pertaining to the case | 6758 |
sealed and, except as provided in division (F) of this section, | 6759 |
all index references to the case deleted and, in the case of bail | 6760 |
forfeitures, shall dismiss the charges in the case. The | 6761 |
proceedings in the case shall be considered not to have occurred | 6762 |
and the conviction or bail forfeiture of the person who is the | 6763 |
subject of the proceedings shall be sealed, except that upon | 6764 |
conviction of a subsequent offense, the sealed record of prior | 6765 |
conviction or bail forfeiture may be considered by the court in | 6766 |
determining the sentence or other appropriate disposition, | 6767 |
including the relief provided for in sections 2953.31 to 2953.33 | 6768 |
of the Revised Code. | 6769 |
(3) Upon the filing of an application under this section, the | 6770 |
applicant, unless indigent, shall pay a fee of fifty dollars. The | 6771 |
court shall pay thirty dollars of the fee into the state treasury. | 6772 |
It shall pay twenty dollars of the fee into the county general | 6773 |
revenue fund if the sealed conviction or bail forfeiture was | 6774 |
pursuant to a state statute, or into the general revenue fund of | 6775 |
the municipal corporation involved if the sealed conviction or | 6776 |
bail forfeiture was pursuant to a municipal ordinance. | 6777 |
(D) Inspection of the sealed records included in the order | 6778 |
may be made only by the following persons or for the following | 6779 |
purposes: | 6780 |
(1) By a law enforcement officer or prosecutor, or the | 6781 |
assistants of either, to determine whether the nature and | 6782 |
character of the offense with which a person is to be charged | 6783 |
would be affected by virtue of the person's previously having been | 6784 |
convicted of a crime; | 6785 |
(2) By the parole or probation officer of the person who is | 6786 |
the subject of the records, for the exclusive use of the officer | 6787 |
in supervising the person while on parole or under a community | 6788 |
control sanction or a post-release control sanction, and in making | 6789 |
inquiries and written reports as requested by the court or adult | 6790 |
parole authority; | 6791 |
(3) Upon application by the person who is the subject of the | 6792 |
records, by the persons named in the application; | 6793 |
(4) By a law enforcement officer who was involved in the | 6794 |
case, for use in the officer's defense of a civil action arising | 6795 |
out of the officer's involvement in that case; | 6796 |
(5) By a prosecuting attorney or the prosecuting attorney's | 6797 |
assistants, to determine a defendant's eligibility to enter a | 6798 |
pre-trial diversion program established pursuant to section | 6799 |
2935.36 of the Revised Code; | 6800 |
(6) By any law enforcement agency or any authorized employee | 6801 |
of a law enforcement agency or by the department of rehabilitation | 6802 |
and correction as part of a background investigation of a person | 6803 |
who applies for employment with the agency as a law enforcement | 6804 |
officer or with the department as a corrections officer; | 6805 |
(7) By any law enforcement agency or any authorized employee | 6806 |
of a law enforcement agency, for the purposes set forth in, and in | 6807 |
the manner provided in, section 2953.321 of the Revised Code; | 6808 |
(8) By the bureau of criminal identification and | 6809 |
investigation or any authorized employee of the bureau for the | 6810 |
purpose of providing information to a board or person pursuant to | 6811 |
division (F) or (G) of section 109.57 of the Revised Code; | 6812 |
(9) By the bureau of criminal identification and | 6813 |
investigation or any authorized employee of the bureau for the | 6814 |
purpose of performing a criminal history records check on a person | 6815 |
to whom a certificate as prescribed in section 109.77 of the | 6816 |
Revised Code is to be awarded; | 6817 |
(10) By the bureau of criminal identification and | 6818 |
investigation or any authorized employee of the bureau for the | 6819 |
purpose of conducting a criminal records check of an individual | 6820 |
pursuant to division (B) of section 109.572 of the Revised Code | 6821 |
that was requested pursuant to any of the sections identified in | 6822 |
division (B)(1) of that section; | 6823 |
(11) By the bureau of criminal identification and | 6824 |
investigation, an authorized employee of the bureau, a sheriff, or | 6825 |
an authorized employee of a sheriff in connection with a criminal | 6826 |
records check described in section 311.41 of the Revised Code; | 6827 |
(12) By the attorney general or an authorized employee of the | 6828 |
attorney general or a court for purposes of determining a person's | 6829 |
classification pursuant to Chapter 2950. of the Revised Code. | 6830 |
When the nature and character of the offense with which a | 6831 |
person is to be charged would be affected by the information, it | 6832 |
may be used for the purpose of charging the person with an | 6833 |
offense. | 6834 |
(E) In any criminal proceeding, proof of any otherwise | 6835 |
admissible prior conviction may be introduced and proved, | 6836 |
notwithstanding the fact that for any such prior conviction an | 6837 |
order of sealing previously was issued pursuant to sections | 6838 |
2953.31 to 2953.36 of the Revised Code. | 6839 |
(F) The person or governmental agency, office, or department | 6840 |
that maintains sealed records pertaining to convictions or bail | 6841 |
forfeitures that have been sealed pursuant to this section may | 6842 |
maintain a manual or computerized index to the sealed records. The | 6843 |
index shall contain only the name of, and alphanumeric identifiers | 6844 |
that relate to, the persons who are the subject of the sealed | 6845 |
records, the word "sealed," and the name of the person, agency, | 6846 |
office, or department that has custody of the sealed records, and | 6847 |
shall not contain the name of the crime committed. The index shall | 6848 |
be made available by the person who has custody of the sealed | 6849 |
records only for the purposes set forth in divisions (C), (D), and | 6850 |
(E) of this section. | 6851 |
(G) Notwithstanding any provision of this section or section | 6852 |
2953.33 of the Revised Code that requires otherwise, a board of | 6853 |
education of a city, local, exempted village, or joint vocational | 6854 |
school district that maintains records of an individual who has | 6855 |
been permanently excluded under sections 3301.121 and 3313.662 of | 6856 |
the Revised Code is permitted to maintain records regarding a | 6857 |
conviction that was used as the basis for the individual's | 6858 |
permanent exclusion, regardless of a court order to seal the | 6859 |
record. An order issued under this section to seal the record of a | 6860 |
conviction does not revoke the adjudication order of the | 6861 |
superintendent of public instruction to permanently exclude the | 6862 |
individual who is the subject of the sealing order. An order | 6863 |
issued under this section to seal the record of a conviction of an | 6864 |
individual may be presented to a district superintendent as | 6865 |
evidence to support the contention that the superintendent should | 6866 |
recommend that the permanent exclusion of the individual who is | 6867 |
the subject of the sealing order be revoked. Except as otherwise | 6868 |
authorized by this division and sections 3301.121 and 3313.662 of | 6869 |
the Revised Code, any school employee in possession of or having | 6870 |
access to the sealed conviction records of an individual that were | 6871 |
the basis of a permanent exclusion of the individual is subject to | 6872 |
section 2953.35 of the Revised Code. | 6873 |
(H) For purposes of sections 2953.31 to 2953.36 of the | 6874 |
Revised Code, DNA records collected in the DNA database and | 6875 |
fingerprints filed for record by the superintendent of the bureau | 6876 |
of criminal identification and investigation shall not be sealed | 6877 |
unless the superintendent receives a certified copy of a final | 6878 |
court order establishing that the offender's conviction has been | 6879 |
overturned. For purposes of this section, a court order is not | 6880 |
"final" if time remains for an appeal or application for | 6881 |
discretionary review with respect to the order. | 6882 |
Sec. 2953.34. Nothing in sections 2953.31 to 2953.33 of the | 6883 |
Revised Code precludes | 6884 |
appeal or seeking any relief from
| 6885 |
conviction or from relying on it in lieu of any subsequent | 6886 |
prosecution for the same offense. | 6887 |
Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised | 6888 |
Code do not apply to any of the following: | 6889 |
(A) Convictions when the offender is subject to a mandatory | 6890 |
prison term; | 6891 |
(B) Convictions under section 2907.02, 2907.03, 2907.04, | 6892 |
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section | 6893 |
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised | 6894 |
Code, or a conviction for a violation of a municipal ordinance | 6895 |
that is substantially similar to any section contained in any of | 6896 |
those chapters; | 6897 |
(C) Convictions of an offense of violence when the offense is | 6898 |
a misdemeanor of the first degree or a felony and when the offense | 6899 |
is not a violation of section 2917.03 of the Revised Code and is | 6900 |
not a violation of section 2903.13, 2917.01, or 2917.31 of the | 6901 |
Revised Code that is a misdemeanor of the first degree; | 6902 |
(D) Convictions on or after | 6903 |
6904 | |
Code or a conviction on or after | 6905 |
6906 | |
ordinance that is substantially similar to that section; | 6907 |
(E) Convictions on or after | 6908 |
6909 | |
2907.21, 2907.22, 2907.23, 2907.31, 2907.311, 2907.32, or 2907.33 | 6910 |
of the Revised Code when the victim of the offense was under | 6911 |
eighteen years of age; | 6912 |
(F) Convictions of an offense in circumstances in which the | 6913 |
victim of the offense was under eighteen years of age when the | 6914 |
offense is a misdemeanor of the first degree or a felony, except | 6915 |
for convictions under section 2919.21 of the Revised Code; | 6916 |
(G) Convictions of a felony of the first or second degree; | 6917 |
(H) Bail forfeitures in a traffic case as defined in Traffic | 6918 |
Rule 2. | 6919 |
Sec. 2961.22. (A)(1) Any prisoner serving a prison term in a | 6920 |
state correctional institution who satisfies all of the following | 6921 |
is eligible to apply to the department of rehabilitation and | 6922 |
correction at a time specified in division (A)(2) of this section | 6923 |
and in accordance with division (D) of this section for a | 6924 |
certificate of achievement and employability: | 6925 |
(a) The prisoner has satisfactorily completed one or more | 6926 |
in-prison vocational programs approved by rule by the department | 6927 |
of rehabilitation and correction. | 6928 |
(b) The prisoner has demonstrated exemplary performance as | 6929 |
determined by completion of one or more cognitive or behavioral | 6930 |
improvement programs approved by rule by the department while | 6931 |
incarcerated in a state correctional institution, while under | 6932 |
supervision, or during both periods of time. | 6933 |
(c) The prisoner has completed community service hours. | 6934 |
(d) The prisoner shows other evidence of achievement and | 6935 |
rehabilitation while under the jurisdiction of the department. | 6936 |
(2) An eligible prisoner may apply to the department of | 6937 |
rehabilitation and correction under division (A)(1) of this | 6938 |
section for a certificate of achievement and employability no | 6939 |
earlier than one year prior to the date scheduled for the release | 6940 |
of the prisoner from department custody and no later than the date | 6941 |
of release of the prisoner. | 6942 |
(B)(1) Any prisoner who has been released from a state | 6943 |
correctional institution, who is under supervision on parole or | 6944 |
under a post-release control sanction, and who satisfies all of | 6945 |
the criteria set forth in division (A)(1) of this section is | 6946 |
eligible to apply to the adult parole authority at a time | 6947 |
specified in division (B)(2) of this section and in accordance | 6948 |
with division (D) of this section for a certificate of achievement | 6949 |
and employability. | 6950 |
(2) An eligible prisoner may apply to the adult parole | 6951 |
authority under division (B)(1) of this section for a certificate | 6952 |
of achievement and employability at any time while the prisoner is | 6953 |
under supervision on parole or under a post-release control | 6954 |
sanction. | 6955 |
(C)(1) An eligible prisoner may apply to the department of | 6956 |
rehabilitation and correction or to the adult parole authority at | 6957 |
a time specified in division (A) or (B) of this section, whichever | 6958 |
is applicable, for a certificate of achievement and employability | 6959 |
that grants the prisoner relief from one or more mandatory civil | 6960 |
impacts that would affect a potential job within a field in which | 6961 |
the prisoner trained as part of the prisoner's in-prison | 6962 |
vocational program. The prisoner shall specify the mandatory civil | 6963 |
impacts from which the prisoner is requesting relief under the | 6964 |
certificate. Upon application by a prisoner in accordance with | 6965 |
this division, if the mandatory civil impact of any licensing | 6966 |
agency would be affected by the issuance of the certificate to the | 6967 |
prisoner, the department or authority shall notify the licensing | 6968 |
agency of the filing of the application, provide the licensing | 6969 |
agency with a copy of the application and all evidence that the | 6970 |
department, authority, or court has regarding the prisoner, and | 6971 |
afford the licensing agency with an opportunity to object in | 6972 |
writing to the issuance of the certificate to the prisoner. | 6973 |
(2) Upon application by a prisoner in accordance with | 6974 |
division (C)(1) of this section, the department of rehabilitation | 6975 |
and correction or the adult parole authority, whichever is | 6976 |
applicable, shall consider the application and all objections to | 6977 |
the issuance of a certificate of achievement and employability to | 6978 |
the prisoner, if any, that were made by a licensing agency under | 6979 |
division (C)(1) of this section. If the department or authority | 6980 |
determines that the prisoner is an eligible prisoner, that the | 6981 |
application was filed at a time specified in division (B) of this | 6982 |
section, and that any licensing agency objections to the issuance | 6983 |
of the certificate to the prisoner are not sufficient to deny the | 6984 |
issuance of the certificate to the prisoner, subject to division | 6985 |
(C)(3) of this section, the department or authority shall issue | 6986 |
the prisoner a certificate of achievement and employability that | 6987 |
grants the prisoner relief from the mandatory civil impacts that | 6988 |
are specified in the prisoner's application and that would affect | 6989 |
a potential job within a field in which the prisoner trained as | 6990 |
part of the prisoner's in-prison vocational program. | 6991 |
(3) The mandatory civil impacts identified in division (A)(1) | 6992 |
of section 2961.01 and in division (B) of section 2961.02 of the | 6993 |
Revised Code shall not be affected by any certificate of | 6994 |
achievement and employability issued under this section. No | 6995 |
certificate of achievement and employability issued to a prisoner | 6996 |
under this section grants the prisoner relief from the mandatory | 6997 |
civil impacts identified in division (A)(1) of section 2961.01 and | 6998 |
in division (B) of section 2961.02 of the Revised Code. | 6999 |
| 7000 |
adopt rules that define in-prison vocational programs and | 7001 |
cognitive or behavioral improvement programs that a prisoner may | 7002 |
complete to satisfy the criteria described in divisions (A)(1)(a) | 7003 |
and (b) of this section. | 7004 |
(E) The department of rehabilitation and correction and the | 7005 |
adult parole authority shall not be liable for any claim for | 7006 |
damages arising from the department's or authority's issuance, | 7007 |
denial, or revocation of a certificate of achievement and | 7008 |
employability or for the department's or authority's failure to | 7009 |
revoke a certificate of achievement and employability under the | 7010 |
circumstances described in section 2961.24 of the Revised Code. | 7011 |
Sec. 2967.03. The adult parole authority may exercise its | 7012 |
functions and duties in relation to the pardon, commutation of | 7013 |
sentence, or reprieve of a convict upon direction of the governor | 7014 |
or upon its own initiative. It may exercise its functions and | 7015 |
duties in relation to the parole of a prisoner who is eligible for | 7016 |
parole upon the initiative of the head of the institution in which | 7017 |
the prisoner is confined or upon its own initiative. When a | 7018 |
prisoner becomes eligible for parole, the head of the institution | 7019 |
in which the prisoner is confined shall notify the authority in | 7020 |
the manner prescribed by the authority. The authority may | 7021 |
investigate and examine, or cause the investigation and | 7022 |
examination of, prisoners confined in state correctional | 7023 |
institutions concerning their conduct in the institutions, their | 7024 |
mental and moral qualities and characteristics, their knowledge of | 7025 |
a trade or profession, their former means of livelihood, their | 7026 |
family relationships, and any other matters affecting their | 7027 |
fitness to be at liberty without being a threat to society. | 7028 |
The authority may recommend to the governor the pardon, | 7029 |
commutation of sentence, | 7030 |
convict or prisoner or grant a parole to any prisoner for whom | 7031 |
parole is authorized, if in its judgment there is reasonable | 7032 |
ground to believe that granting a pardon, commutation, | 7033 |
7034 | |
further the interests of justice and be consistent with the | 7035 |
welfare and security of society. However, the authority shall not | 7036 |
recommend a pardon | 7037 |
7038 | |
authority has complied with the applicable notice requirements of | 7039 |
sections 2930.16 and 2967.12 of the Revised Code and until it has | 7040 |
considered any statement made by a victim or a victim's | 7041 |
representative that is relevant to the convict's or prisoner's | 7042 |
case and that was sent to the authority pursuant to section | 7043 |
2930.17 of the Revised Code, any other statement made by a victim | 7044 |
or a victim's representative that is relevant to the convict's or | 7045 |
prisoner's case and that was received by the authority after it | 7046 |
provided notice of the pendency of the action under sections | 7047 |
2930.16 and 2967.12 of the Revised Code, and any written statement | 7048 |
of any person submitted to the court pursuant to division (G) of | 7049 |
section 2967.12 of the Revised Code. If a victim, victim's | 7050 |
representative, or the victim's spouse, parent, sibling, or child | 7051 |
appears at a full board hearing of the parole board and gives | 7052 |
testimony as authorized by section 5149.101 of the Revised Code, | 7053 |
the authority shall consider the testimony in determining whether | 7054 |
to grant a parole. The trial judge and prosecuting attorney of the | 7055 |
trial court in which a person was convicted shall furnish to the | 7056 |
authority, at the request of the authority, a summarized statement | 7057 |
of the facts proved at the trial and of all other facts having | 7058 |
reference to the propriety of recommending a pardon | 7059 |
commutation | 7060 |
with a recommendation for or against a pardon, commutation, | 7061 |
7062 | |
recommendation. The trial judge, the prosecuting attorney, | 7063 |
specified law enforcement agency members, and a representative of | 7064 |
the prisoner may appear at a full board hearing of the parole | 7065 |
board and give testimony in regard to the grant of a parole to the | 7066 |
prisoner as authorized by section 5149.101 of the Revised Code. | 7067 |
All state and local officials shall furnish information to the | 7068 |
authority, when so requested by it in the performance of its | 7069 |
duties. | 7070 |
The adult parole authority shall exercise its functions and | 7071 |
duties in relation to the release of prisoners who are serving a | 7072 |
stated prison term in accordance with section 2967.28 of the | 7073 |
Revised Code. | 7074 |
Sec. 2967.191. The department of rehabilitation and | 7075 |
correction shall reduce the stated prison term of a prisoner or, | 7076 |
if the prisoner is serving a term for which there is parole | 7077 |
eligibility, the minimum and maximum term or the parole | 7078 |
eligibility date of the prisoner by the total number of days that | 7079 |
the prisoner was confined for any reason arising out of the | 7080 |
offense for which the prisoner was convicted and sentenced, | 7081 |
including confinement in lieu of bail while awaiting trial, | 7082 |
confinement for examination to determine the prisoner's competence | 7083 |
to stand trial or sanity, | 7084 |
transportation to the place where the prisoner is to serve the | 7085 |
prisoner's prison term, as determined by the sentencing court | 7086 |
under division (B)(2)(g)(i) of section 2929.19 of the Revised | 7087 |
Code, and confinement in a juvenile facility. The department of | 7088 |
rehabilitation and correction also shall reduce the stated prison | 7089 |
term of a prisoner or, if the prisoner is serving a term for which | 7090 |
there is parole eligibility, the minimum and maximum term or the | 7091 |
parole eligibility date of the prisoner by the total number of | 7092 |
days, if any, that the prisoner previously served in the custody | 7093 |
of the department of rehabilitation and correction arising out of | 7094 |
the offense for which the prisoner was convicted and sentenced. | 7095 |
Sec. 2967.193. (A)(1) Except as provided in division (C) of | 7096 |
this section and subject to the maximum aggregate total specified | 7097 |
in division (A)(2) of this section, a person confined in a state | 7098 |
correctional institution may provisionally earn one day or five | 7099 |
days of credit, based on the category set forth in division | 7100 |
(D)(1), (2), (3), (4), or (5) of this section in which the person | 7101 |
is included, toward satisfaction of the person's stated prison | 7102 |
term for each completed month during which the person productively | 7103 |
participates in an education program, vocational training, | 7104 |
employment in prison industries, treatment for substance abuse, or | 7105 |
any other constructive program developed by the department with | 7106 |
specific standards for performance by prisoners. Except as | 7107 |
provided in division (C) of this section and subject to the | 7108 |
maximum aggregate total specified in division (A)(2) of this | 7109 |
section, a person so confined who successfully completes two | 7110 |
programs or activities of that type may, in addition, | 7111 |
provisionally earn up to five days of credit toward satisfaction | 7112 |
of the person's stated prison term for the successful completion | 7113 |
of the second program or activity. The person shall not be awarded | 7114 |
any provisional days of credit for the successful completion of | 7115 |
the first program or activity or for the successful completion of | 7116 |
any program or activity that is completed after the second program | 7117 |
or activity. At the end of each calendar month in which a prisoner | 7118 |
productively participates in a program or activity listed in this | 7119 |
division or successfully completes a program or activity listed in | 7120 |
this division, the department of rehabilitation and correction | 7121 |
shall determine and record the total number of days credit that | 7122 |
the prisoner provisionally earned in that calendar month. If the | 7123 |
prisoner violates prison rules, the department may deny the | 7124 |
prisoner a credit that otherwise could have been provisionally | 7125 |
awarded to the prisoner or may withdraw one or more credits | 7126 |
previously provisionally earned by the prisoner. Days of credit | 7127 |
provisionally earned by a prisoner shall be finalized and awarded | 7128 |
by the department subject to administrative review by the | 7129 |
department of the prisoner's conduct. | 7130 |
(2) The aggregate days of credit provisionally earned by a | 7131 |
person for program or activity participation and program and | 7132 |
activity completion under this section and the aggregate days of | 7133 |
credit finally credited to a person under this section shall not | 7134 |
exceed eight per cent of the total number of days in the person's | 7135 |
stated prison term. | 7136 |
(B) The department of rehabilitation and correction shall | 7137 |
adopt rules that specify the programs or activities for which | 7138 |
credit may be earned under this section, the criteria for | 7139 |
determining productive participation in, or completion of, the | 7140 |
programs or activities and the criteria for awarding credit, | 7141 |
including criteria for awarding additional credit for successful | 7142 |
program or activity completion, and the criteria for denying or | 7143 |
withdrawing previously provisionally earned credit as a result of | 7144 |
a violation of prison rules. | 7145 |
(C) No person confined in a state correctional institution to | 7146 |
whom any of the following applies shall be awarded any days of | 7147 |
credit under division (A) of this section: | 7148 |
(1) The person is serving a prison term that section 2929.13 | 7149 |
or section 2929.14 of the Revised Code specifies cannot be reduced | 7150 |
pursuant to this section or this | 7151 |
sentence for which section 2967.13 or division (B) of section | 7152 |
2929.143 of the Revised Code specifies that the person is not | 7153 |
entitled to any earned credit under this section. | 7154 |
(2) The person is sentenced to death or is serving a prison | 7155 |
term or a term of life imprisonment for aggravated murder, murder, | 7156 |
or a conspiracy or attempt to commit, or complicity in committing, | 7157 |
aggravated murder or murder. | 7158 |
(3) The person is serving a sentence of life imprisonment | 7159 |
without parole imposed pursuant to section 2929.03 or 2929.06 of | 7160 |
the Revised Code, a prison term or a term of life imprisonment | 7161 |
without parole imposed pursuant to section 2971.03 of the Revised | 7162 |
Code, or a sentence for a sexually oriented offense that was | 7163 |
committed on or after | 7164 |
September 30, 2011. | 7165 |
(D) This division does not apply to a determination of | 7166 |
whether a person confined in a state correctional institution may | 7167 |
earn any days of credit under division (A) of this section for | 7168 |
successful completion of a second program or activity. The | 7169 |
determination of whether a person confined in a state correctional | 7170 |
institution may earn one day of credit or five days of credit | 7171 |
under division (A) of this section for each completed month during | 7172 |
which the person productively participates in a program or | 7173 |
activity specified under that division shall be made in accordance | 7174 |
with the following: | 7175 |
(1) The offender may earn one day of credit under division | 7176 |
(A) of this section, except as provided in division (C) of this | 7177 |
section, if the most serious offense for which the offender is | 7178 |
confined is any of the following that is a felony of the first or | 7179 |
second degree: | 7180 |
(a) A violation of division (A) of section 2903.04 or of | 7181 |
section 2903.03, 2903.11, 2903.15, 2905.01, 2907.24, 2907.25, | 7182 |
2909.02, 2909.09, 2909.10, 2909.101, 2909.26, 2909.27, 2909.29, | 7183 |
2911.01, 2911.02, 2911.11, 2911.12, 2919.13, 2919.151, 2919.22, | 7184 |
2921.34, 2923.01, 2923.131, 2923.162, 2923.32, 2925.24, or 2927.24 | 7185 |
of the Revised Code; | 7186 |
(b) A conspiracy or attempt to commit, or complicity in | 7187 |
committing, any other offense for which the maximum penalty is | 7188 |
imprisonment for life or any offense listed in division (D)(1)(a) | 7189 |
of this section. | 7190 |
(2) The offender may earn one day of credit under division | 7191 |
(A) of this section, except as provided in division (C) of this | 7192 |
section, if the offender is serving a stated prison term that | 7193 |
includes a prison term imposed for a sexually oriented offense | 7194 |
that the offender committed prior to | 7195 |
7196 |
(3) The offender may earn one day of credit under division | 7197 |
(A) of this section, except as provided in division (C) of this | 7198 |
section, if the offender is serving a stated prison term that | 7199 |
includes a prison term imposed for a felony other than carrying a | 7200 |
concealed weapon an essential element of which is any conduct or | 7201 |
failure to act expressly involving any deadly weapon or dangerous | 7202 |
ordnance. | 7203 |
(4) Except as provided in division (C) of this section, if | 7204 |
the most serious offense for which the offender is confined is a | 7205 |
felony of the first or second degree and divisions (D)(1), (2), | 7206 |
and (3) of this section do not apply to the offender, the offender | 7207 |
may earn one day of credit under division (A) of this section if | 7208 |
the offender committed that offense prior to | 7209 |
7210 | |
days of credit under division (A) of this section if the offender | 7211 |
committed that offense on or after | 7212 |
7213 |
(5) Except as provided in division (C) of this section, if | 7214 |
the most serious offense for which the offender is confined is a | 7215 |
felony of the third, fourth, or fifth degree or an unclassified | 7216 |
felony and neither division (D)(2) nor (3) of this section applies | 7217 |
to the offender, the offender may earn one day of credit under | 7218 |
division (A) of this section if the offender committed that | 7219 |
offense prior to | 7220 |
30, 2011, and the offender may earn five days of credit under | 7221 |
division (A) of this section if the offender committed that | 7222 |
offense on or after | 7223 |
30, 2011. | 7224 |
(E) | 7225 |
7226 | |
7227 | |
7228 | |
7229 | |
7230 | |
7231 | |
7232 | |
7233 | |
7234 | |
7235 | |
7236 |
| 7237 |
written feedback of the Ohio prosecuting attorneys association, | 7238 |
the Ohio judicial conference, the Ohio public defender, the Ohio | 7239 |
association of criminal defense lawyers, and other organizations | 7240 |
and associations that have an interest in the operation of the | 7241 |
corrections system and the earned credits program under this | 7242 |
section as part of its evaluation of the program and in | 7243 |
determining whether to modify the program. | 7244 |
| 7245 |
has the same meaning as in section 2950.01 of the Revised Code. | 7246 |
Sec. 2967.26. (A)(1) The department of rehabilitation and | 7247 |
correction, by rule, may establish a transitional control program | 7248 |
for the purpose of closely monitoring a prisoner's adjustment to | 7249 |
community supervision during the final one hundred eighty days of | 7250 |
the prisoner's confinement. If the department establishes a | 7251 |
transitional control program under this division, the | 7252 |
7253 | |
department of rehabilitation and correction may transfer eligible | 7254 |
prisoners to transitional control status under the program during | 7255 |
the final one hundred eighty days of their confinement and under | 7256 |
the terms and conditions established by the department, shall | 7257 |
provide for the confinement as provided in this division of each | 7258 |
eligible prisoner so transferred, and shall supervise each | 7259 |
eligible prisoner so transferred in one or more community control | 7260 |
sanctions. Each eligible prisoner who is transferred to | 7261 |
transitional control status under the program shall be confined in | 7262 |
a suitable facility that is licensed pursuant to division (C) of | 7263 |
section 2967.14 of the Revised Code, or shall be confined in a | 7264 |
residence the department has approved for this purpose and be | 7265 |
monitored pursuant to an electronic monitoring device, as defined | 7266 |
in section 2929.01 of the Revised Code. If the department | 7267 |
establishes a transitional control program under this division, | 7268 |
the rules establishing the program shall include criteria that | 7269 |
define which prisoners are eligible for the program, criteria that | 7270 |
must be satisfied to be approved as a residence that may be used | 7271 |
for confinement under the program of a prisoner that is | 7272 |
transferred to it and procedures for the department to approve | 7273 |
residences that satisfy those criteria, and provisions of the type | 7274 |
described in division (C) of this section. At a minimum, the | 7275 |
criteria that define which prisoners are eligible for the program | 7276 |
shall provide all of the following: | 7277 |
(a) That a prisoner is eligible for the program if the | 7278 |
prisoner is serving a prison term or term of imprisonment for an | 7279 |
offense committed prior to March 17, 1998, and if, at the time at | 7280 |
which eligibility is being determined, the prisoner would have | 7281 |
been eligible for a furlough under this section as it existed | 7282 |
immediately prior to March 17, 1998, or would have been eligible | 7283 |
for conditional release under former section 2967.23 of the | 7284 |
Revised Code as that section existed immediately prior to March | 7285 |
17, 1998; | 7286 |
(b) That no prisoner who is serving a mandatory prison term | 7287 |
is eligible for the program until after expiration of the | 7288 |
mandatory term; | 7289 |
(c) That no prisoner who is serving a prison term or term of | 7290 |
life imprisonment without parole imposed pursuant to section | 7291 |
2971.03 of the Revised Code is eligible for the program. | 7292 |
(2) At least three weeks prior to transferring to | 7293 |
transitional control under this section a prisoner who is serving | 7294 |
a term of imprisonment or prison term for an offense committed on | 7295 |
or after July 1, 1996, the | 7296 |
community services shall give notice of the pendency of the | 7297 |
transfer to transitional control to the court of common pleas of | 7298 |
the county in which the indictment against the prisoner was found | 7299 |
and of the fact that the court may disapprove the transfer of the | 7300 |
prisoner to transitional control and shall include a report | 7301 |
prepared by the head of the state correctional institution in | 7302 |
which the prisoner is confined. The head of the state correctional | 7303 |
institution in which the prisoner is confined, upon the request of | 7304 |
the | 7305 |
services, shall provide to the | 7306 |
the notice sent to the court under this division a report on the | 7307 |
prisoner's conduct in the institution and in any institution from | 7308 |
which the prisoner may have been transferred. The report shall | 7309 |
cover the prisoner's participation in school, vocational training, | 7310 |
work, treatment, and other rehabilitative activities and any | 7311 |
disciplinary action taken against the prisoner. If the court | 7312 |
disapproves of the transfer of the prisoner to transitional | 7313 |
control, the court shall notify the | 7314 |
disapproval within thirty days after receipt of the notice. If the | 7315 |
court timely disapproves the transfer of the prisoner to | 7316 |
transitional control, the | 7317 |
with the transfer. If the court does not timely disapprove the | 7318 |
transfer of the prisoner to transitional control, the | 7319 |
division may transfer the prisoner to transitional control. | 7320 |
(3) If the victim of an offense for which a prisoner was | 7321 |
sentenced to a prison term or term of imprisonment has requested | 7322 |
notification under section 2930.16 of the Revised Code and has | 7323 |
provided the department of rehabilitation and correction with the | 7324 |
victim's name and address, the | 7325 |
parole and community services, at least three weeks prior to | 7326 |
transferring the prisoner to transitional control pursuant to this | 7327 |
section, shall notify the victim of the pendency of the transfer | 7328 |
and of the victim's right to submit a statement to the | 7329 |
division regarding the impact of the transfer of the prisoner to | 7330 |
transitional control. If the victim subsequently submits a | 7331 |
statement of that nature to the | 7332 |
division shall consider the statement in deciding whether to | 7333 |
transfer the prisoner to transitional control. | 7334 |
(4) The department of rehabilitation and correction, at least | 7335 |
three weeks prior to transferring a prisoner to transitional | 7336 |
control pursuant to this section, shall post on the database it | 7337 |
maintains pursuant to section 5120.66 of the Revised Code the | 7338 |
prisoner's name and all of the information specified in division | 7339 |
(A)(1)(c)(iv) of that section. In addition to and independent of | 7340 |
the right of a victim to submit a statement as described in | 7341 |
division (A)(3) of this section or to otherwise make a statement | 7342 |
and in addition to and independent of any other right or duty of a | 7343 |
person to present information or make a statement, any person may | 7344 |
send to the | 7345 |
community services at any time prior to the
| 7346 |
division's transfer of the prisoner to transitional control a | 7347 |
written statement regarding the transfer of the prisoner to | 7348 |
transitional control. In addition to the information, reports, and | 7349 |
statements it considers under divisions (A)(2) and (3) of this | 7350 |
section or that it otherwise considers, the | 7351 |
shall consider each statement submitted in accordance with this | 7352 |
division in deciding whether to transfer the prisoner to | 7353 |
transitional control. | 7354 |
(B) Each prisoner transferred to transitional control under | 7355 |
this section shall be confined in the manner described in division | 7356 |
(A) of this section during any period of time that the prisoner is | 7357 |
not actually working at the prisoner's approved employment, | 7358 |
engaged in a vocational training or another educational program, | 7359 |
engaged in another program designated by the director, or engaged | 7360 |
in other activities approved by the department. | 7361 |
(C) The department of rehabilitation and correction shall | 7362 |
adopt rules for transferring eligible prisoners to transitional | 7363 |
control, supervising and confining prisoners so transferred, | 7364 |
administering the transitional control program in accordance with | 7365 |
this section, and using the moneys deposited into the transitional | 7366 |
control fund established under division (E) of this section. | 7367 |
(D) The department of rehabilitation and correction may adopt | 7368 |
rules for the issuance of passes for the limited purposes | 7369 |
described in this division to prisoners who are transferred to | 7370 |
transitional control under this section. If the department adopts | 7371 |
rules of that nature, the rules shall govern the granting of the | 7372 |
passes and shall provide for the supervision of prisoners who are | 7373 |
temporarily released pursuant to one of those passes. Upon the | 7374 |
adoption of rules under this division, the department may issue | 7375 |
passes to prisoners who are transferred to transitional control | 7376 |
status under this section in accordance with the rules and the | 7377 |
provisions of this division. All passes issued under this division | 7378 |
shall be for a maximum of forty-eight hours and may be issued only | 7379 |
for the following purposes: | 7380 |
(1) To visit a relative in imminent danger of death; | 7381 |
(2) To have a private viewing of the body of a deceased | 7382 |
relative; | 7383 |
(3) To visit with family; | 7384 |
(4) To otherwise aid in the rehabilitation of the prisoner. | 7385 |
(E) The | 7386 |
community services may require a prisoner who is transferred to | 7387 |
transitional control to pay to the division | 7388 |
7389 | |
division in supervising or confining the prisoner while under | 7390 |
transitional control. Inability to pay those reasonable expenses | 7391 |
shall not be grounds for refusing to transfer an otherwise | 7392 |
eligible prisoner to transitional control. Amounts received by the | 7393 |
division of parole and community services under this division | 7394 |
shall be deposited into the transitional control fund, which is | 7395 |
hereby created in the state treasury and which hereby replaces and | 7396 |
succeeds the furlough services fund that formerly existed in the | 7397 |
state treasury. All moneys that remain in the furlough services | 7398 |
fund on March 17, 1998, shall be transferred on that date to the | 7399 |
transitional control fund. The transitional control fund shall be | 7400 |
used solely to pay costs related to the operation of the | 7401 |
transitional control program established under this section. The | 7402 |
director of rehabilitation and correction shall adopt rules in | 7403 |
accordance with section 111.15 of the Revised Code for the use of | 7404 |
the fund. | 7405 |
(F) A prisoner who violates any rule established by the | 7406 |
department of rehabilitation and correction under division (A), | 7407 |
(C), or (D) of this section may be transferred to a state | 7408 |
correctional institution pursuant to rules adopted under division | 7409 |
(A), (C), or (D) of this section, but the prisoner shall receive | 7410 |
credit towards completing the prisoner's sentence for the time | 7411 |
spent under transitional control. | 7412 |
If a prisoner is transferred to transitional control under | 7413 |
this section, upon successful completion of the period of | 7414 |
transitional control, the prisoner may be released on parole or | 7415 |
under post-release control pursuant to section 2967.13 or 2967.28 | 7416 |
of the Revised Code and rules adopted by the department of | 7417 |
rehabilitation and correction. If the prisoner is released under | 7418 |
post-release control, the duration of the post-release control, | 7419 |
the type of post-release control sanctions that may be imposed, | 7420 |
the enforcement of the sanctions, and the treatment of prisoners | 7421 |
who violate any sanction applicable to the prisoner are governed | 7422 |
by section 2967.28 of the Revised Code. | 7423 |
Sec. 3119.01. (A) As used in the Revised Code, "child | 7424 |
support enforcement agency" means a child support enforcement | 7425 |
agency designated under former section 2301.35 of the Revised Code | 7426 |
prior to October 1, 1997, or a private or government entity | 7427 |
designated as a child support enforcement agency under section | 7428 |
307.981 of the Revised Code. | 7429 |
(B) As used in this chapter and Chapters 3121., 3123., and | 7430 |
3125. of the Revised Code: | 7431 |
(1) "Administrative child support order" means any order | 7432 |
issued by a child support enforcement agency for the support of a | 7433 |
child pursuant to section 3109.19 or 3111.81 of the Revised Code | 7434 |
or former section 3111.211 of the Revised Code, section 3111.21 of | 7435 |
the Revised Code as that section existed prior to January 1, 1998, | 7436 |
or section 3111.20 or 3111.22 of the Revised Code as those | 7437 |
sections existed prior to March 22, 2001. | 7438 |
(2) "Child support order" means either a court child support | 7439 |
order or an administrative child support order. | 7440 |
(3) "Obligee" means the person who is entitled to receive the | 7441 |
support payments under a support order. | 7442 |
(4) "Obligor" means the person who is required to pay support | 7443 |
under a support order. | 7444 |
(5) "Support order" means either an administrative child | 7445 |
support order or a court support order. | 7446 |
(C) As used in this chapter: | 7447 |
(1) "Combined gross income" means the combined gross income | 7448 |
of both parents. | 7449 |
(2) "Court child support order" means any order issued by a | 7450 |
court for the support of a child pursuant to Chapter 3115. of the | 7451 |
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33, | 7452 |
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, | 7453 |
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised | 7454 |
Code, or division (B) of former section 3113.21 of the Revised | 7455 |
Code. | 7456 |
(3) "Court support order" means either a court child support | 7457 |
order or an order for the support of a spouse or former spouse | 7458 |
issued pursuant to Chapter 3115. of the Revised Code, section | 7459 |
3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B) | 7460 |
of former section 3113.21 of the Revised Code. | 7461 |
(4) "Extraordinary medical expenses" means any uninsured | 7462 |
medical expenses incurred for a child during a calendar year that | 7463 |
exceed one hundred dollars. | 7464 |
(5) "Income" means either of the following: | 7465 |
(a) For a parent who is employed to full capacity, the gross | 7466 |
income of the parent; | 7467 |
(b) For a parent who is unemployed or underemployed, the sum | 7468 |
of the gross income of the parent and any potential income of the | 7469 |
parent. | 7470 |
(6) "Insurer" means any person authorized under Title XXXIX | 7471 |
of the Revised Code to engage in the business of insurance in this | 7472 |
state, any health insuring corporation, and any legal entity that | 7473 |
is self-insured and provides benefits to its employees or members. | 7474 |
(7) "Gross income" means, except as excluded in division | 7475 |
(C)(7) of this section, the total of all earned and unearned | 7476 |
income from all sources during a calendar year, whether or not the | 7477 |
income is taxable, and includes income from salaries, wages, | 7478 |
overtime pay, and bonuses to the extent described in division (D) | 7479 |
of section 3119.05 of the Revised Code; commissions; royalties; | 7480 |
tips; rents; dividends; severance pay; pensions; interest; trust | 7481 |
income; annuities; social security benefits, including retirement, | 7482 |
disability, and survivor benefits that are not means-tested; | 7483 |
workers' compensation benefits; unemployment insurance benefits; | 7484 |
disability insurance benefits; benefits that are not means-tested | 7485 |
and that are received by and in the possession of the veteran who | 7486 |
is the beneficiary for any service-connected disability under a | 7487 |
program or law administered by the United States department of | 7488 |
veterans' affairs or veterans' administration; spousal support | 7489 |
actually received; and all other sources of income. "Gross income" | 7490 |
includes income of members of any branch of the United States | 7491 |
armed services or national guard, including, amounts representing | 7492 |
base pay, basic allowance for quarters, basic allowance for | 7493 |
subsistence, supplemental subsistence allowance, cost of living | 7494 |
adjustment, specialty pay, variable housing allowance, and pay for | 7495 |
training or other types of required drills; self-generated income; | 7496 |
and potential cash flow from any source. | 7497 |
"Gross income" does not include any of the following: | 7498 |
(a) Benefits received from means-tested government | 7499 |
administered programs, including Ohio works first; prevention, | 7500 |
retention, and contingency; means-tested veterans' benefits; | 7501 |
supplemental security income; supplemental nutrition assistance | 7502 |
program; disability financial assistance; or other assistance for | 7503 |
which eligibility is determined on the basis of income or assets; | 7504 |
(b) Benefits for any service-connected disability under a | 7505 |
program or law administered by the United States department of | 7506 |
veterans' affairs or veterans' administration that are not | 7507 |
means-tested, that have not been distributed to the veteran who is | 7508 |
the beneficiary of the benefits, and that are in the possession of | 7509 |
the United States department of veterans' affairs or veterans' | 7510 |
administration; | 7511 |
(c) Child support received for children who were not born or | 7512 |
adopted during the marriage at issue; | 7513 |
(d) Amounts paid for mandatory deductions from wages such as | 7514 |
union dues but not taxes, social security, or retirement in lieu | 7515 |
of social security; | 7516 |
(e) Nonrecurring or unsustainable income or cash flow items; | 7517 |
(f) Adoption assistance and foster care maintenance payments | 7518 |
made pursuant to Title IV-E of the "Social Security Act," 94 Stat. | 7519 |
501, 42 U.S.C.A. 670 (1980), as amended. | 7520 |
(8) "Nonrecurring or unsustainable income or cash flow item" | 7521 |
means an income or cash flow item the parent receives in any year | 7522 |
or for any number of years not to exceed three years that the | 7523 |
parent does not expect to continue to receive on a regular basis. | 7524 |
"Nonrecurring or unsustainable income or cash flow item" does not | 7525 |
include a lottery prize award that is not paid in a lump sum or | 7526 |
any other item of income or cash flow that the parent receives or | 7527 |
expects to receive for each year for a period of more than three | 7528 |
years or that the parent receives and invests or otherwise uses to | 7529 |
produce income or cash flow for a period of more than three years. | 7530 |
(9)(a) "Ordinary and necessary expenses incurred in | 7531 |
generating gross receipts" means actual cash items expended by the | 7532 |
parent or the parent's business and includes depreciation expenses | 7533 |
of business equipment as shown on the books of a business entity. | 7534 |
(b) Except as specifically included in "ordinary and | 7535 |
necessary expenses incurred in generating gross receipts" by | 7536 |
division (C)(9)(a) of this section, "ordinary and necessary | 7537 |
expenses incurred in generating gross receipts" does not include | 7538 |
depreciation expenses and other noncash items that are allowed as | 7539 |
deductions on any federal tax return of the parent or the parent's | 7540 |
business. | 7541 |
(10) "Personal earnings" means compensation paid or payable | 7542 |
for personal services, however denominated, and includes wages, | 7543 |
salary, commissions, bonuses, draws against commissions, profit | 7544 |
sharing, vacation pay, or any other compensation. | 7545 |
(11) "Potential income" means both of the following for a | 7546 |
parent who the court pursuant to a court support order, or a child | 7547 |
support enforcement agency pursuant to an administrative child | 7548 |
support order, determines is voluntarily unemployed or voluntarily | 7549 |
underemployed: | 7550 |
(a) Imputed income that the court or agency determines the | 7551 |
parent would have earned if fully employed as determined from the | 7552 |
following criteria: | 7553 |
(i) The parent's prior employment experience; | 7554 |
(ii) The parent's education; | 7555 |
(iii) The parent's physical and mental disabilities, if any; | 7556 |
(iv) The availability of employment in the geographic area in | 7557 |
which the parent resides; | 7558 |
(v) The prevailing wage and salary levels in the geographic | 7559 |
area in which the parent resides; | 7560 |
(vi) The parent's special skills and training; | 7561 |
(vii) Whether there is evidence that the parent has the | 7562 |
ability to earn the imputed income; | 7563 |
(viii) The age and special needs of the child for whom child | 7564 |
support is being calculated under this section; | 7565 |
(ix) The parent's increased earning capacity because of | 7566 |
experience; | 7567 |
(x) The parent's decreased earning capacity because of a | 7568 |
felony conviction; | 7569 |
(xi) Any other relevant factor. | 7570 |
(b) Imputed income from any nonincome-producing assets of a | 7571 |
parent, as determined from the local passbook savings rate or | 7572 |
another appropriate rate as determined by the court or agency, not | 7573 |
to exceed the rate of interest specified in division (A) of | 7574 |
section 1343.03 of the Revised Code, if the income is significant. | 7575 |
(12) "Schedule" means the basic child support schedule set | 7576 |
forth in section 3119.021 of the Revised Code. | 7577 |
(13) "Self-generated income" means gross receipts received by | 7578 |
a parent from self-employment, proprietorship of a business, joint | 7579 |
ownership of a partnership or closely held corporation, and rents | 7580 |
minus ordinary and necessary expenses incurred by the parent in | 7581 |
generating the gross receipts. "Self-generated income" includes | 7582 |
expense reimbursements or in-kind payments received by a parent | 7583 |
from self-employment, the operation of a business, or rents, | 7584 |
including company cars, free housing, reimbursed meals, and other | 7585 |
benefits, if the reimbursements are significant and reduce | 7586 |
personal living expenses. | 7587 |
(14) "Split parental rights and responsibilities" means a | 7588 |
situation in which there is more than one child who is the subject | 7589 |
of an allocation of parental rights and responsibilities and each | 7590 |
parent is the residential parent and legal custodian of at least | 7591 |
one of those children. | 7592 |
(15) "Worksheet" means the applicable worksheet that is used | 7593 |
to calculate a parent's child support obligation as set forth in | 7594 |
sections 3119.022 and 3119.023 of the Revised Code. | 7595 |
Sec. 3119.05. When a court computes the amount of child | 7596 |
support required to be paid under a court child support order or a | 7597 |
child support enforcement agency computes the amount of child | 7598 |
support to be paid pursuant to an administrative child support | 7599 |
order, all of the following apply: | 7600 |
(A) The parents' current and past income and personal | 7601 |
earnings shall be verified by electronic means or with suitable | 7602 |
documents, including, but not limited to, paystubs, employer | 7603 |
statements, receipts and expense vouchers related to | 7604 |
self-generated income, tax returns, and all supporting | 7605 |
documentation and schedules for the tax returns. | 7606 |
(B) The amount of any pre-existing child support obligation | 7607 |
of a parent under a child support order and the amount of any | 7608 |
court-ordered spousal support actually paid shall be deducted from | 7609 |
the gross income of that parent to the extent that payment under | 7610 |
the child support order or that payment of the court-ordered | 7611 |
spousal support is verified by supporting documentation. | 7612 |
(C) If other minor children who were born to the parent and a | 7613 |
person other than the other parent who is involved in the | 7614 |
immediate child support determination live with the parent, the | 7615 |
court or agency shall deduct an amount from that parent's gross | 7616 |
income that equals the number of such minor children times the | 7617 |
federal income tax exemption for such children less child support | 7618 |
received for them for the year, not exceeding the federal income | 7619 |
tax exemption. | 7620 |
(D) When the court or agency calculates the gross income of a | 7621 |
parent, it shall include the lesser of the following as income | 7622 |
from overtime and bonuses: | 7623 |
(1) The yearly average of all overtime, commissions, and | 7624 |
bonuses received during the three years immediately prior to the | 7625 |
time when the person's child support obligation is being computed; | 7626 |
(2) The total overtime, commissions, and bonuses received | 7627 |
during the year immediately prior to the time when the person's | 7628 |
child support obligation is being computed. | 7629 |
(E) When the court or agency calculates the gross income of a | 7630 |
parent, it shall not include any income earned by the spouse of | 7631 |
that parent. | 7632 |
(F) The court shall issue a separate order for extraordinary | 7633 |
medical or dental expenses, including, but not limited to, | 7634 |
orthodontia, psychological, appropriate private education, and | 7635 |
other expenses, and may consider the expenses in adjusting a child | 7636 |
support order. | 7637 |
(G) When a court or agency calculates the amount of child | 7638 |
support to be paid pursuant to a court child support order or an | 7639 |
administrative child support order, if the combined gross income | 7640 |
of both parents is an amount that is between two amounts set forth | 7641 |
in the first column of the schedule, the court or agency may use | 7642 |
the basic child support obligation that corresponds to the higher | 7643 |
of the two amounts in the first column of the schedule, use the | 7644 |
basic child support obligation that corresponds to the lower of | 7645 |
the two amounts in the first column of the schedule, or calculate | 7646 |
a basic child support obligation that is between those two amounts | 7647 |
and corresponds proportionally to the parents' actual combined | 7648 |
gross income. | 7649 |
(H) When the court or agency calculates gross income, the | 7650 |
court or agency, when appropriate, may average income over a | 7651 |
reasonable period of years. | 7652 |
(I) | 7653 |
therefore not in the best interests of the child, a court or | 7654 |
agency shall not determine a parent | 7655 |
7656 | |
and shall not impute income to that parent | 7657 |
7658 | |
7659 | |
of the following conditions exist: | 7660 |
(1) The parent is receiving recurring monetary income from | 7661 |
means-tested public assistance benefits, including cash assistance | 7662 |
payments under the Ohio works first program established under | 7663 |
Chapter 5107. of the Revised Code, financial assistance under the | 7664 |
disability financial assistance program established under Chapter | 7665 |
5115. of the Revised Code, supplemental security income, or | 7666 |
means-tested veterans' benefits; | 7667 |
(2) The parent is incarcerated or institutionalized for a | 7668 |
period of twelve months or more with no other available assets, | 7669 |
unless the parent is incarcerated for an offense relating to the | 7670 |
abuse or neglect of a child who is the subject of the support | 7671 |
order or an offense under Title XXIX of the Revised Code when the | 7672 |
obligee or a child who is the subject of the support order is a | 7673 |
victim of the offense. | 7674 |
(J) When a court or agency requires a parent to pay an amount | 7675 |
for that parent's failure to support a child for a period of time | 7676 |
prior to the date the court modifies or issues a court child | 7677 |
support order or an agency modifies or issues an administrative | 7678 |
child support order for the current support of the child, the | 7679 |
court or agency shall calculate that amount using the basic child | 7680 |
support schedule, worksheets, and child support laws in effect, | 7681 |
and the incomes of the parents as they existed, for that prior | 7682 |
period of time. | 7683 |
(K) A court or agency may disregard a parent's additional | 7684 |
income from overtime or additional employment when the court or | 7685 |
agency finds that the additional income was generated primarily to | 7686 |
support a new or additional family member or members, or under | 7687 |
other appropriate circumstances. | 7688 |
(L) If both parents involved in the immediate child support | 7689 |
determination have a prior order for support relative to a minor | 7690 |
child or children born to both parents, the court or agency shall | 7691 |
collect information about the existing order or orders and | 7692 |
consider those together with the current calculation for support | 7693 |
to ensure that the total of all orders for all children of the | 7694 |
parties does not exceed the amount that would have been ordered if | 7695 |
all children were addressed in a single judicial or administrative | 7696 |
proceeding. | 7697 |
Sec. 3123.58. (A) On receipt of a notice pursuant to section | 7698 |
3123.54 of the Revised Code, the registrar of motor vehicles shall | 7699 |
determine whether the individual named in the notice holds or has | 7700 |
applied for a driver's license or commercial driver's license, | 7701 |
motorcycle operator's license or endorsement, or temporary | 7702 |
instruction permit or commercial driver's temporary instruction | 7703 |
permit. If the registrar determines that the individual holds or | 7704 |
has applied for a license, permit, or endorsement and the | 7705 |
individual is the individual named in the notice and does not | 7706 |
receive a notice pursuant to section 3123.56 or 3123.57 of the | 7707 |
Revised Code, the registrar immediately shall provide notice of | 7708 |
the determination to each deputy registrar. The registrar or a | 7709 |
deputy registrar may not issue to the individual a driver's or | 7710 |
commercial driver's license, motorcycle operator's license or | 7711 |
endorsement, or temporary instruction permit or commercial | 7712 |
driver's temporary instruction permit and may not renew for the | 7713 |
individual a driver's or commercial driver's license, motorcycle | 7714 |
operator's license or endorsement, or commercial driver's | 7715 |
temporary instruction permit. The registrar or a deputy registrar | 7716 |
also shall impose a class F suspension of the license, permit, or | 7717 |
endorsement held by the individual under division (B)(6) of | 7718 |
section 4510.02 of the Revised Code. | 7719 |
(B)(1) A court may grant an individual whose license, permit, | 7720 |
or endorsement is suspended under this section limited driving | 7721 |
privileges in accordance with division (B) of section 4510.021 of | 7722 |
the Revised Code pursuant to a request made during an action for | 7723 |
contempt initiated under section 2705.031 of the Revised Code. | 7724 |
Prior to granting privileges under this division, the court shall | 7725 |
request the accused to provide the court with a recent | 7726 |
noncertified copy of a driver's abstract from the registrar of | 7727 |
motor vehicles and shall request the child support enforcement | 7728 |
agency that issued the notice pursuant to section 3123.54 of the | 7729 |
Revised Code relative to the individual to advise the court, | 7730 |
either in person through a representative testifying at a hearing | 7731 |
or through a written document, the position of the agency relative | 7732 |
to the issue of the granting of privileges to the individual. The | 7733 |
court, in determining whether to grant the individual privileges | 7734 |
under this division, shall take into consideration the position of | 7735 |
the agency, but the court is not bound by the position of the | 7736 |
agency. | 7737 |
(2) A court that grants limited driving privileges to a | 7738 |
person under division (B)(1) of this section shall deliver to the | 7739 |
person a permit card, in a form to be prescribed by the court, | 7740 |
setting forth the date on which the limited privileges will become | 7741 |
effective, the purposes for which the person may drive, the times | 7742 |
and places at which the person may drive, and any other conditions | 7743 |
imposed upon the person's use of a motor vehicle. | 7744 |
(3) The court immediately shall notify the registrar, in | 7745 |
writing, of a grant of limited driving privileges under division | 7746 |
(B)(1) of this section. The notification shall specify the date on | 7747 |
which the limited driving privileges will become effective, the | 7748 |
purposes for which the person may drive, and any other conditions | 7749 |
imposed upon the person's use of a motor vehicle. | 7750 |
(C) If a person who has been granted limited driving | 7751 |
privileges under division (B)(1) of this section is convicted of, | 7752 |
pleads guilty to, or is adjudicated in juvenile court of having | 7753 |
committed a violation of Chapter 4510. of the Revised Code or any | 7754 |
similar municipal ordinance during the period of which the person | 7755 |
was granted limited driving privileges, the person's limited | 7756 |
driving privileges shall be suspended immediately pending a | 7757 |
reinstatement hearing. | 7758 |
Sec. 3772.10. (A) In determining whether to grant or maintain | 7759 |
the privilege of a casino operator, management company, holding | 7760 |
company, key employee, casino gaming employee, or gaming-related | 7761 |
vendor license, the Ohio casino control commission shall consider | 7762 |
all of the following, as applicable: | 7763 |
(1) The reputation, experience, and financial integrity of | 7764 |
the applicant, its holding company, if applicable, and any other | 7765 |
person that directly or indirectly controls the applicant; | 7766 |
(2) The financial ability of the applicant to purchase and | 7767 |
maintain adequate liability and casualty insurance and to provide | 7768 |
an adequate surety bond; | 7769 |
(3) The past and present compliance of the applicant and its | 7770 |
affiliates or affiliated companies with casino-related licensing | 7771 |
requirements in this state or any other jurisdiction, including | 7772 |
whether the applicant has a history of noncompliance with the | 7773 |
casino licensing requirements of any jurisdiction; | 7774 |
(4) If the applicant has been indicted, convicted, pleaded | 7775 |
guilty or no contest, or forfeited bail concerning any criminal | 7776 |
offense under the laws of any jurisdiction, either felony or | 7777 |
misdemeanor, not including traffic violations; | 7778 |
(5) If the applicant has filed, or had filed against it a | 7779 |
proceeding for bankruptcy or has ever been involved in any formal | 7780 |
process to adjust, defer, suspend, or otherwise work out the | 7781 |
payment of any debt; | 7782 |
(6) If the applicant has been served with a complaint or | 7783 |
other notice filed with any public body regarding a payment of any | 7784 |
tax required under federal, state, or local law that has been | 7785 |
delinquent for one or more years; | 7786 |
(7) If the applicant is or has been a defendant in litigation | 7787 |
involving its business practices; | 7788 |
(8) If awarding a license would undermine the public's | 7789 |
confidence in the casino gaming industry in this state; | 7790 |
(9) If the applicant meets other standards for the issuance | 7791 |
of a license that the commission adopts by rule, which shall not | 7792 |
be arbitrary, capricious, or contradictory to the expressed | 7793 |
provisions of this chapter. | 7794 |
(B) All applicants for a license under this chapter shall | 7795 |
establish their suitability for a license by clear and convincing | 7796 |
evidence. If the commission determines that a person is eligible | 7797 |
under this chapter to be issued a license as a casino operator, | 7798 |
management company, holding company, key employee, casino gaming | 7799 |
employee, or gaming-related vendor, the commission shall issue | 7800 |
such license for not more than three years, as determined by | 7801 |
commission rule, if all other requirements of this chapter have | 7802 |
been satisfied. | 7803 |
(C) The commission shall not issue a casino operator, | 7804 |
management company, holding company, key employee, casino gaming | 7805 |
employee, or gaming-related vendor license under this chapter to | 7806 |
an applicant if: | 7807 |
(1) The applicant has been convicted of a disqualifying | 7808 |
offense, as defined in section 3772.07 of the Revised Code. | 7809 |
(2) The applicant has submitted an application for license | 7810 |
under this chapter that contains false information. | 7811 |
(3) The applicant is a commission member. | 7812 |
(4) The applicant owns an ownership interest that is unlawful | 7813 |
under this chapter, unless waived by the commission. | 7814 |
(5) The applicant violates specific rules adopted by the | 7815 |
commission related to denial of licensure. | 7816 |
(6) The applicant is a member of or employed by a gaming | 7817 |
regulatory body of a governmental unit in this state, another | 7818 |
state, or the federal government, or is employed by a governmental | 7819 |
unit of this state. This division does not prohibit a casino | 7820 |
operator from hiring special duty law enforcement officers if the | 7821 |
officers are not specifically involved in gaming-related | 7822 |
regulatory functions. | 7823 |
(7) The commission otherwise determines the applicant is | 7824 |
ineligible for the license. | 7825 |
(D)(1) The commission shall investigate the qualifications of | 7826 |
each applicant under this chapter before any license is issued and | 7827 |
before any finding with regard to acts or transactions for which | 7828 |
commission approval is required is made. The commission shall | 7829 |
continue to observe the conduct of all licensees and all other | 7830 |
persons having a material involvement directly or indirectly with | 7831 |
a casino operator, management company, or holding company to | 7832 |
ensure that licenses are not issued to or held by, or that there | 7833 |
is not any material involvement with a casino operator, management | 7834 |
company, or holding company by, an unqualified, disqualified, or | 7835 |
unsuitable person or a person whose operations are conducted in an | 7836 |
unsuitable manner or in unsuitable or prohibited places or | 7837 |
locations. | 7838 |
(2) The executive director may recommend to the commission | 7839 |
that it deny any application, or limit, condition, or restrict, or | 7840 |
suspend or revoke, any license or finding, or impose any fine upon | 7841 |
any licensee or other person according to this chapter and the | 7842 |
rules adopted thereunder. | 7843 |
(3) A license issued under this chapter is a revocable | 7844 |
privilege. No licensee has a vested right in or under any license | 7845 |
issued under this chapter. The initial determination of the | 7846 |
commission to deny, or to limit, condition, or restrict, a license | 7847 |
may be appealed under section 2505.03 of the Revised Code. | 7848 |
(E)(1) An institutional investor otherwise required to be | 7849 |
found suitable or qualified under this chapter and the rules | 7850 |
adopted under this chapter shall be presumed suitable or qualified | 7851 |
upon submitting documentation sufficient to establish | 7852 |
qualifications as an institutional investor and upon certifying | 7853 |
all of the following: | 7854 |
(a) The institutional investor owns, holds, or controls | 7855 |
publicly traded securities issued by a licensee or holding, | 7856 |
intermediate, or parent company of a licensee or in the ordinary | 7857 |
course of business for investment purposes only. | 7858 |
(b) The institutional investor does not exercise influence | 7859 |
over the affairs of the issuer of such securities nor over any | 7860 |
licensed subsidiary of the issuer of such securities. | 7861 |
(c) The institutional investor does not intend to exercise | 7862 |
influence over the affairs of the issuer of such securities, nor | 7863 |
over any licensed subsidiary of the issuer of such securities, in | 7864 |
the future, and that it agrees to notify the commission in writing | 7865 |
within thirty days if such intent changes. | 7866 |
(2) The exercise of voting privileges with regard to publicly | 7867 |
traded securities shall not be deemed to constitute the exercise | 7868 |
of influence over the affairs of a licensee. | 7869 |
(3) The commission shall rescind the presumption of | 7870 |
suitability for an institutional investor at any time if the | 7871 |
institutional investor exercises or intends to exercise influence | 7872 |
or control over the affairs of the licensee. | 7873 |
(4) This division shall not be construed to preclude the | 7874 |
commission from investigating the suitability or qualifications of | 7875 |
an institutional investor if the commission becomes aware of facts | 7876 |
or information that may result in the institutional investor being | 7877 |
found unsuitable or disqualified. | 7878 |
(F) Information provided on the application shall be used as | 7879 |
a basis for a thorough background investigation of each applicant. | 7880 |
A false or incomplete application is cause for denial of a license | 7881 |
by the commission. All applicants and licensees shall consent to | 7882 |
inspections, searches, and seizures and to the disclosure to the | 7883 |
commission and its agents of confidential records, including tax | 7884 |
records, held by any federal, state, or local agency, credit | 7885 |
bureau, or financial institution and to provide handwriting | 7886 |
exemplars, photographs, fingerprints, and information as | 7887 |
authorized in this chapter and in rules adopted by the commission. | 7888 |
(G) The commission shall provide a written statement to each | 7889 |
applicant for a license under this chapter who is denied the | 7890 |
license that describes the reason or reasons for which the | 7891 |
applicant was denied the license. | 7892 |
(H) Not later than January 31 in each calendar year, the | 7893 |
commission shall provide to the general assembly and the governor | 7894 |
a report that, for each type of license issued under this chapter, | 7895 |
specifies the number of applications made in the preceding | 7896 |
calendar year for each type of such license, the number of | 7897 |
applications denied in the preceding calendar year for each type | 7898 |
of such license, and the reasons for those denials. The | 7899 |
information regarding the reasons for the denials shall specify | 7900 |
each reason that resulted in, or that was a factor resulting in, | 7901 |
denial for each type of license issued under this chapter and, for | 7902 |
each of those reasons, the total number of denials for each such | 7903 |
type that involved that reason. | 7904 |
Sec. 4301.99. (A) Whoever violates section 4301.47, 4301.48, | 7905 |
4301.49, 4301.62, or 4301.70 or division (C) of section 4301.65 or | 7906 |
division (B) of section 4301.691 of the Revised Code is guilty of | 7907 |
a minor misdemeanor. | 7908 |
(B) Whoever violates section 4301.15, division (A)(2) or (C) | 7909 |
of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I) | 7910 |
of section 4301.631, or section 4301.64 or 4301.67 of the Revised | 7911 |
Code is guilty of a misdemeanor of the fourth degree. | 7912 |
If an offender who violates section 4301.64 of the Revised | 7913 |
Code was under the age of eighteen years at the time of the | 7914 |
offense, the court, in addition to any other penalties it imposes | 7915 |
upon the offender, | 7916 |
instruction permit, probationary driver's license, or driver's | 7917 |
license for a period of not less than six months and not more than | 7918 |
one year. In lieu of suspending the offender's temporary | 7919 |
instruction permit, probationary driver's license, or driver's | 7920 |
license, the court instead may require the offender to perform | 7921 |
community service for a number of hours determined by the court. | 7922 |
If the offender is fifteen years and six months of age or older | 7923 |
and has not been issued a temporary instruction permit or | 7924 |
probationary driver's license, the offender shall not be eligible | 7925 |
to be issued such a license or permit for a period of six months. | 7926 |
If the offender has not attained the age of fifteen years and six | 7927 |
months, the offender shall not be eligible to be issued a | 7928 |
temporary instruction permit until the offender attains the age of | 7929 |
sixteen years. | 7930 |
(C) Whoever violates division (D) of section 4301.21, section | 7931 |
4301.251, 4301.58, 4301.59, 4301.60, 4301.633, 4301.66, 4301.68, | 7932 |
or 4301.74, division (B), (C), (D), (E)(1), or (F) of section | 7933 |
4301.69, or division (C), (D), (E), (F), (G), or (I) of section | 7934 |
4301.691 of the Revised Code is guilty of a misdemeanor of the | 7935 |
first degree. | 7936 |
If an offender who violates division (E)(1) of section | 7937 |
4301.69 of the Revised Code was under the age of eighteen years at | 7938 |
the time of the offense and the offense occurred while the | 7939 |
offender was the operator of or a passenger in a motor vehicle, | 7940 |
the court, in addition to any other penalties it imposes upon the | 7941 |
offender, shall suspend the offender's temporary instruction | 7942 |
permit or probationary driver's license for a period of not less | 7943 |
than six months and not more than one year. If the offender is | 7944 |
fifteen years and six months of age or older and has not been | 7945 |
issued a temporary instruction permit or probationary driver's | 7946 |
license, the offender shall not be eligible to be issued such a | 7947 |
license or permit for a period of six months. If the offender has | 7948 |
not attained the age of fifteen years and six months, the offender | 7949 |
shall not be eligible to be issued a temporary instruction permit | 7950 |
until the offender attains the age of sixteen years. | 7951 |
(D) Whoever violates division (B) of section 4301.14, or | 7952 |
division (A)(1) or (3) or (B) of section 4301.22 of the Revised | 7953 |
Code is guilty of a misdemeanor of the third degree. | 7954 |
(E) Whoever violates section 4301.63 or division (B) of | 7955 |
section 4301.631 of the Revised Code shall be fined not less than | 7956 |
twenty-five nor more than one hundred dollars. The court imposing | 7957 |
a fine for a violation of section 4301.63 or division (B) of | 7958 |
section 4301.631 of the Revised Code may order that the fine be | 7959 |
paid by the performance of public work at a reasonable hourly rate | 7960 |
established by the court. The court shall designate the time | 7961 |
within which the public work shall be completed. | 7962 |
(F)(1) Whoever violates section 4301.634 of the Revised Code | 7963 |
is guilty of a misdemeanor of the first degree. If, in committing | 7964 |
a first violation of that section, the offender presented to the | 7965 |
permit holder or the permit holder's employee or agent a false, | 7966 |
fictitious, or altered identification card, a false or fictitious | 7967 |
driver's license purportedly issued by any state, or a driver's | 7968 |
license issued by any state that has been altered, the offender is | 7969 |
guilty of a misdemeanor of the first degree and shall be fined not | 7970 |
less than two hundred fifty and not more than one thousand | 7971 |
dollars, and may be sentenced to a term of imprisonment of not | 7972 |
more than six months. | 7973 |
(2) On a second violation in which, for the second time, the | 7974 |
offender presented to the permit holder or the permit holder's | 7975 |
employee or agent a false, fictitious, or altered identification | 7976 |
card, a false or fictitious driver's license purportedly issued by | 7977 |
any state, or a driver's license issued by any state that has been | 7978 |
altered, the offender is guilty of a misdemeanor of the first | 7979 |
degree and shall be fined not less than five hundred nor more than | 7980 |
one thousand dollars, and may be sentenced to a term of | 7981 |
imprisonment of not more than six months. The court also may | 7982 |
impose a class seven suspension of the offender's driver's or | 7983 |
commercial driver's license or permit or nonresident operating | 7984 |
privilege from the range specified in division (A)(7) of section | 7985 |
4510.02 of the Revised Code. | 7986 |
(3) On a third or subsequent violation in which, for the | 7987 |
third or subsequent time, the offender presented to the permit | 7988 |
holder or the permit holder's employee or agent a false, | 7989 |
fictitious, or altered identification card, a false or fictitious | 7990 |
driver's license purportedly issued by any state, or a driver's | 7991 |
license issued by any state that has been altered, the offender is | 7992 |
guilty of a misdemeanor of the first degree and shall be fined not | 7993 |
less than five hundred nor more than one thousand dollars, and may | 7994 |
be sentenced to a term of imprisonment of not more than six | 7995 |
months. | 7996 |
7997 | |
or commercial driver's license or permit or nonresident operating | 7998 |
privilege from the range specified in division (A)(6) of section | 7999 |
4510.02 of the Revised Code, and the court may order that the | 8000 |
suspension or denial remain in effect until the offender attains | 8001 |
the age of twenty-one years. The court
| 8002 |
the offender's temporary instruction permit, probationary driver's | 8003 |
license, or driver's license, instead may order the offender to | 8004 |
perform a determinate number of hours of community service, with | 8005 |
the court determining the actual number of hours and the nature of | 8006 |
the community service the offender shall perform. | 8007 |
(G) Whoever violates section 4301.636 of the Revised Code is | 8008 |
guilty of a felony of the fifth degree. | 8009 |
(H) Whoever violates division (A)(1) of section 4301.22 of | 8010 |
the Revised Code is guilty of a misdemeanor, shall be fined not | 8011 |
less than five hundred and not more than one thousand dollars, | 8012 |
and, in addition to the fine, may be imprisoned for a definite | 8013 |
term of not more than sixty days. | 8014 |
(I) Whoever violates division (A) of section 4301.69 or | 8015 |
division (H) of section 4301.691 of the Revised Code is guilty of | 8016 |
a misdemeanor, shall be fined not less than five hundred and not | 8017 |
more than one thousand dollars, and, in addition to the fine, may | 8018 |
be imprisoned for a definite term of not more than six months. | 8019 |
(J) Whoever violates division (B) of section 4301.65 of the | 8020 |
Revised Code is guilty of a misdemeanor of the third degree. For a | 8021 |
second or subsequent violation occurring within a period of five | 8022 |
consecutive years after the first violation, a person is guilty of | 8023 |
a misdemeanor of the first degree. | 8024 |
Sec. 4501.02. (A) There is hereby created in the department | 8025 |
of public safety a bureau of motor vehicles, which shall be | 8026 |
administered by a registrar of motor vehicles. The registrar shall | 8027 |
be appointed by the director of public safety and shall serve at | 8028 |
the director's pleasure. | 8029 |
The registrar shall administer the laws of the state relative | 8030 |
to the registration of and certificates of title for motor | 8031 |
vehicles, and the licensing of motor vehicle dealers, motor | 8032 |
vehicle leasing dealers, distributors, and salespersons, and of | 8033 |
motor vehicle salvage dealers, salvage motor vehicle auctions, and | 8034 |
salvage motor vehicle pools. The registrar also shall, in | 8035 |
accordance with section 4503.61 of the Revised Code, take those | 8036 |
steps necessary to enter this state into membership in the | 8037 |
international registration plan and carry out the registrar's | 8038 |
other duties under that section. The registrar, with the approval | 8039 |
of the director of public safety, may do all of the following: | 8040 |
(1) Adopt such forms and rules as are necessary to carry out | 8041 |
all laws the registrar is required to administer; | 8042 |
(2) Appoint such number of assistants, deputies, clerks, | 8043 |
stenographers, and other employees as are necessary to carry out | 8044 |
such laws; | 8045 |
(3) Acquire or lease such facilities as are necessary to | 8046 |
carry out the duties of the registrar's office; | 8047 |
(4) Apply for, allocate, disburse, and account for grants | 8048 |
made available under federal law or from other federal, state, or | 8049 |
private sources; | 8050 |
(5) Establish accounts in a bank or depository and deposit | 8051 |
any funds collected by the registrar in those accounts to the | 8052 |
credit of "state of Ohio, bureau of motor vehicles." Within three | 8053 |
days after the deposit of funds in such an account, the registrar | 8054 |
shall draw on that account in favor of the treasurer of state. The | 8055 |
registrar may reserve funds against the draw to the treasurer of | 8056 |
state to the extent reasonably necessary to ensure that the | 8057 |
deposited items are not dishonored. The registrar may pay any | 8058 |
service charge usually collected by the bank or depository; | 8059 |
(6) Develop rules that establish disqualifying offenses for | 8060 |
licensure as a motor vehicle salvage dealer pursuant to sections | 8061 |
4738.04, 4738.07, and 4776.10 of the Revised Code. | 8062 |
The registrar shall give a bond for the faithful performance | 8063 |
of the registrar's duties in such amount and with such security as | 8064 |
the director approves. When in the opinion of the director it is | 8065 |
advisable, any deputy or other employee may be required to give | 8066 |
bond in such amount and with such security as the director | 8067 |
approves. In the discretion of the director, the bonds authorized | 8068 |
to be taken on deputies or other employees may be individual, | 8069 |
schedule, or blanket bonds. | 8070 |
The director of public safety may investigate the activities | 8071 |
of the bureau and have access to its records at any time, and the | 8072 |
registrar shall make a report to the director at any time upon | 8073 |
request. | 8074 |
All laws relating to the licensing of motor vehicle dealers, | 8075 |
motor vehicle leasing dealers, distributors, and salespersons, and | 8076 |
of motor vehicle salvage dealers, salvage motor vehicle auctions, | 8077 |
and salvage motor vehicle pools, designating and granting power to | 8078 |
the registrar shall be liberally construed to the end that the | 8079 |
practice or commission of fraud in the business of selling motor | 8080 |
vehicles and of disposing of salvage motor vehicles may be | 8081 |
prohibited and prevented. | 8082 |
(B) There is hereby created in the department of public | 8083 |
safety a division of emergency medical services, which shall be | 8084 |
administered by an executive director of emergency medical | 8085 |
services appointed under section 4765.03 of the Revised Code. | 8086 |
Sec. 4503.233. (A)(1) If a court is required to order the | 8087 |
immobilization of a vehicle for a specified period of time | 8088 |
pursuant to section 4510.11, 4510.14,
| 8089 |
4511.19, 4511.193, or 4511.203 of the Revised Code, the court, | 8090 |
subject to section 4503.235 of the Revised Code, shall issue the | 8091 |
immobilization order in accordance with this division and for the | 8092 |
period of time specified in the particular section, and the | 8093 |
immobilization under the order shall be in accordance with this | 8094 |
section. The court, at the time of sentencing the offender for the | 8095 |
offense relative to which the immobilization order is issued or as | 8096 |
soon thereafter as is practicable, shall give a copy of the order | 8097 |
to the offender or the offender's counsel. The court promptly | 8098 |
shall send a copy of the order to the registrar on a form | 8099 |
prescribed by the registrar and to the person or agency it | 8100 |
designates to execute the order. | 8101 |
The order shall indicate the date on which it is issued, | 8102 |
shall identify the vehicle that is subject to the order, and shall | 8103 |
specify all of the following: | 8104 |
(a) The period of the immobilization; | 8105 |
(b) The place at which the court determines that the | 8106 |
immobilization shall be carried out, provided that the court shall | 8107 |
not determine and shall not specify that the immobilization is to | 8108 |
be carried out at any place other than a commercially operated | 8109 |
private storage lot, a place owned by a law enforcement or other | 8110 |
government agency, or a place to which one of the following | 8111 |
applies: | 8112 |
(i) The place is leased by or otherwise under the control of | 8113 |
a law enforcement or other government agency. | 8114 |
(ii) The place is owned by the offender, the offender's | 8115 |
spouse, or a parent or child of the offender. | 8116 |
(iii) The place is owned by a private person or entity, and, | 8117 |
prior to the issuance of the order, the private entity or person | 8118 |
that owns the place, or the authorized agent of that private | 8119 |
entity or person, has given express written consent for the | 8120 |
immobilization to be carried out at that place. | 8121 |
(iv) The place is a public street or highway on which the | 8122 |
vehicle is parked in accordance with the law. | 8123 |
(c) The person or agency designated by the court to execute | 8124 |
the order, which shall be either the law enforcement agency that | 8125 |
employs the law enforcement officer who seized the vehicle, a | 8126 |
bailiff of the court, another person the court determines to be | 8127 |
appropriate to execute the order, or the law enforcement agency | 8128 |
with jurisdiction over the place of residence of the vehicle | 8129 |
owner; | 8130 |
(d) That neither the registrar nor a deputy registrar will be | 8131 |
permitted to accept an application for the license plate | 8132 |
registration of any motor vehicle in the name of the vehicle owner | 8133 |
until the immobilization fee is paid. | 8134 |
(2) The person or agency the court designates to immobilize | 8135 |
the vehicle shall seize or retain that vehicle's license plates | 8136 |
and forward them to the bureau of motor vehicles. | 8137 |
(3) In all cases, the offender shall be assessed an | 8138 |
immobilization fee of one hundred dollars, and the immobilization | 8139 |
fee shall be paid to the registrar before the vehicle may be | 8140 |
released to the offender. Neither the registrar nor a deputy | 8141 |
registrar shall accept an application for the registration of any | 8142 |
motor vehicle in the name of the offender until the immobilization | 8143 |
fee is paid. | 8144 |
(4) If the vehicle subject to the order is immobilized | 8145 |
pursuant to the order and is found being operated upon any street | 8146 |
or highway in this state during the immobilization period, it | 8147 |
shall be seized, removed from the street or highway, and | 8148 |
criminally forfeited and disposed of pursuant to section 4503.234 | 8149 |
of the Revised Code. | 8150 |
(5) The registrar shall deposit the immobilization fee into | 8151 |
the law enforcement reimbursement fund created by section 4501.19 | 8152 |
of the Revised Code. Money in the fund shall be expended only as | 8153 |
provided in division (A)(5) of this section. If the court | 8154 |
designated in the order a court bailiff or another appropriate | 8155 |
person other than a law enforcement officer to immobilize the | 8156 |
vehicle, the amount of the fee deposited into the law enforcement | 8157 |
reimbursement fund shall be paid out to the county treasury if the | 8158 |
court that issued the order is a county court, to the treasury of | 8159 |
the municipal corporation served by the court if the court that | 8160 |
issued the order is a mayor's court, or to the city treasury of | 8161 |
the legislative authority of the court, both as defined in section | 8162 |
1901.03 of the Revised Code, if the court that issued the order is | 8163 |
a municipal court. If the court designated a law enforcement | 8164 |
agency to immobilize the vehicle and if the law enforcement agency | 8165 |
immobilizes the vehicle, the amount of the fee deposited into the | 8166 |
law enforcement reimbursement fund shall be paid out to the law | 8167 |
enforcement agency to reimburse the agency for the costs it incurs | 8168 |
in obtaining immobilization equipment and, if required, in sending | 8169 |
an officer or other person to search for and locate the vehicle | 8170 |
specified in the immobilization order and to immobilize the | 8171 |
vehicle. | 8172 |
In addition to the immobilization fee required to be paid | 8173 |
under division (A)(3) of this section, the offender may be charged | 8174 |
expenses or charges incurred in the removal and storage of the | 8175 |
immobilized vehicle. | 8176 |
(B) If a court issues an immobilization order under division | 8177 |
(A)(1) of this section, the person or agency designated by the | 8178 |
court to execute the immobilization order promptly shall | 8179 |
immobilize or continue the immobilization of the vehicle at the | 8180 |
place specified by the court in the order. The registrar shall not | 8181 |
authorize the release of the vehicle or authorize the issuance of | 8182 |
new identification license plates for the vehicle at the end of | 8183 |
the immobilization period until the immobilization fee has been | 8184 |
paid. | 8185 |
(C) Upon receipt of the license plates for a vehicle under | 8186 |
this section, the registrar shall destroy the license plates. At | 8187 |
the end of the immobilization period and upon the payment of the | 8188 |
immobilization fee that must be paid under this section, the | 8189 |
registrar shall authorize the release of the vehicle and authorize | 8190 |
the issuance, upon the payment of the same fee as is required for | 8191 |
the replacement of lost, mutilated, or destroyed license plates | 8192 |
and certificates of registration, of new license plates and, if | 8193 |
necessary, a new certificate of registration to the offender for | 8194 |
the vehicle in question. | 8195 |
(D)(1) If a court issues an immobilization order under | 8196 |
division (A) of this section, the immobilization period commences | 8197 |
on the day on which the vehicle in question is immobilized. If the | 8198 |
vehicle in question had been seized under section 4510.41 or | 8199 |
4511.195 of the Revised Code, the time between the seizure and the | 8200 |
beginning of the immobilization period shall be credited against | 8201 |
the immobilization period specified in the immobilization order | 8202 |
issued under division (A) of this section. No vehicle that is | 8203 |
immobilized under this section is eligible to have restricted | 8204 |
license plates under section 4503.231 of the Revised Code issued | 8205 |
for that vehicle. | 8206 |
(2) If a court issues an immobilization order under division | 8207 |
(A) of this section, if the vehicle subject to the order is | 8208 |
immobilized under the order, and if the vehicle is found being | 8209 |
operated upon any street or highway of this state during the | 8210 |
immobilization period, it shall be seized, removed from the street | 8211 |
or highway, and criminally forfeited, and disposed of pursuant to | 8212 |
section 4503.234 of the Revised Code. No vehicle that is forfeited | 8213 |
under this provision shall be considered contraband for purposes | 8214 |
of Chapter 2981. of the Revised Code, but shall be held by the law | 8215 |
enforcement agency that employs the officer who seized it for | 8216 |
disposal in accordance with section 4503.234 of the Revised Code. | 8217 |
(3) If a court issues an immobilization order under division | 8218 |
(A) of this section, and if the vehicle is not claimed within | 8219 |
seven days after the end of the period of immobilization or if the | 8220 |
offender has not paid the immobilization fee, the person or agency | 8221 |
that immobilized the vehicle shall send a written notice to the | 8222 |
offender at the offender's last known address informing the | 8223 |
offender of the date on which the period of immobilization ended, | 8224 |
that the offender has twenty days after the date of the notice to | 8225 |
pay the immobilization fee and obtain the release of the vehicle, | 8226 |
and that if the offender does not pay the fee and obtain the | 8227 |
release of the vehicle within that twenty-day period, the vehicle | 8228 |
will be forfeited under section 4503.234 of the Revised Code to | 8229 |
the entity that is entitled to the immobilization fee. | 8230 |
(4) An offender whose motor vehicle is subject to an | 8231 |
immobilization order issued under division (A) of this section | 8232 |
shall not sell the motor vehicle without approval of the court | 8233 |
that issued the order. If such an offender wishes to sell the | 8234 |
motor vehicle during the immobilization period, the offender shall | 8235 |
apply to the court that issued the immobilization order for | 8236 |
permission to assign the title to the vehicle. If the court is | 8237 |
satisfied that the sale will be in good faith and not for the | 8238 |
purpose of circumventing the provisions of division (A)(1) of this | 8239 |
section, it may certify its consent to the offender and to the | 8240 |
registrar. Upon receipt of the court's consent, the registrar | 8241 |
shall enter the court's notice in the offender's vehicle license | 8242 |
plate registration record. | 8243 |
If, during a period of immobilization under an immobilization | 8244 |
order issued under division (A) of this section, the title to the | 8245 |
immobilized motor vehicle is transferred by the foreclosure of a | 8246 |
chattel mortgage, a sale upon execution, the cancellation of a | 8247 |
conditional sales contract, or an order of a court, the involved | 8248 |
court shall notify the registrar of the action, and the registrar | 8249 |
shall enter the court's notice in the offender's vehicle license | 8250 |
plate registration record. | 8251 |
Nothing in this section shall be construed as requiring the | 8252 |
registrar or the clerk of the court of common pleas to note upon | 8253 |
the certificate of title records any prohibition regarding the | 8254 |
sale of a motor vehicle. | 8255 |
(5) If the title to a motor vehicle that is subject to an | 8256 |
immobilization order under division (A) of this section is | 8257 |
assigned or transferred without court approval between the time of | 8258 |
arrest of the offender who committed the offense for which such an | 8259 |
order is to be issued and the time of the actual immobilization of | 8260 |
the vehicle, the court shall order that, for a period of two years | 8261 |
from the date of the order, neither the registrar nor any deputy | 8262 |
registrar shall accept an application for the registration of any | 8263 |
motor vehicle in the name of the offender whose vehicle was | 8264 |
assigned or transferred without court approval. The court shall | 8265 |
notify the registrar of the order on a form prescribed by the | 8266 |
registrar for that purpose. | 8267 |
(6) If the title to a motor vehicle that is subject to an | 8268 |
immobilization order under division (A) of this section is | 8269 |
assigned or transferred without court approval in violation of | 8270 |
division (D)(4) of this section, then, in addition to or | 8271 |
independent of any other penalty established by law, the court may | 8272 |
fine the offender the value of the vehicle as determined by | 8273 |
publications of the national auto dealers association. The | 8274 |
proceeds from any fine so imposed shall be distributed in the same | 8275 |
manner as the proceeds of the sale of a forfeited vehicle are | 8276 |
distributed pursuant to division (C)(2) of section 4503.234 of the | 8277 |
Revised Code. | 8278 |
(E)(1) The court with jurisdiction over the case, after | 8279 |
notice to all interested parties including lienholders, and after | 8280 |
an opportunity for them to be heard, if the offender fails to | 8281 |
appear in person, without good cause, or if the court finds that | 8282 |
the offender does not intend to seek release of the vehicle at the | 8283 |
end of the period of immobilization or that the offender is not or | 8284 |
will not be able to pay the expenses and charges incurred in its | 8285 |
removal and storage, may order that title to the vehicle be | 8286 |
transferred, in order of priority, first into the name of the | 8287 |
entity entitled to the immobilization fee under division (A)(5) of | 8288 |
this section, next into the name of a lienholder, or lastly, into | 8289 |
the name of the owner of the place of storage. | 8290 |
A lienholder that receives title under a court order shall do | 8291 |
so on the condition that it pay any expenses or charges incurred | 8292 |
in the vehicle's removal and storage. If the entity that receives | 8293 |
title to the vehicle is the entity that is entitled to the | 8294 |
immobilization fee under division (A)(5) of this section, it shall | 8295 |
receive title on the condition that it pay any lien on the | 8296 |
vehicle. The court shall not order that title be transferred to | 8297 |
any person or entity other than the owner of the place of storage | 8298 |
if the person or entity refuses to receive the title. Any person | 8299 |
or entity that receives title may either keep title to the vehicle | 8300 |
or may dispose of the vehicle in any legal manner that it | 8301 |
considers appropriate, including assignment of the certificate of | 8302 |
title to the motor vehicle to a salvage dealer or a scrap metal | 8303 |
processing facility. The person or entity shall not transfer the | 8304 |
vehicle to the person who is the vehicle's immediate previous | 8305 |
owner. | 8306 |
If the person or entity assigns the motor vehicle to a | 8307 |
salvage dealer or scrap metal processing facility, the person or | 8308 |
entity shall send the assigned certificate of title to the motor | 8309 |
vehicle to the clerk of the court of common pleas of the county in | 8310 |
which the salvage dealer or scrap metal processing facility is | 8311 |
located. The person or entity shall mark the face of the | 8312 |
certificate of title with the words "FOR DESTRUCTION" and shall | 8313 |
deliver a photocopy of the certificate of title to the salvage | 8314 |
dealer or scrap metal processing facility for its records. | 8315 |
(2) Whenever a court issues an order under division (E)(1) of | 8316 |
this section, the court also shall order removal of the license | 8317 |
plates from the vehicle and cause them to be sent to the registrar | 8318 |
if they have not already been sent to the registrar. Thereafter, | 8319 |
no further proceedings shall take place under this section, but | 8320 |
the offender remains liable for payment of the immobilization fee | 8321 |
described in division (A)(3) of this section if an immobilization | 8322 |
order previously had been issued by the court. | 8323 |
(3) Prior to initiating a proceeding under division (E)(1) of | 8324 |
this section, and upon payment of the fee under division (B) of | 8325 |
section 4505.14 of the Revised Code, any interested party may | 8326 |
cause a search to be made of the public records of the bureau of | 8327 |
motor vehicles or the clerk of the court of common pleas, to | 8328 |
ascertain the identity of any lienholder of the vehicle. The | 8329 |
initiating party shall furnish this information to the clerk of | 8330 |
the court with jurisdiction over the case, and the clerk shall | 8331 |
provide notice to the vehicle owner, the defendant, any | 8332 |
lienholder, and any other interested parties listed by the | 8333 |
initiating party, at the last known address supplied by the | 8334 |
initiating party, by certified mail or, at the option of the | 8335 |
initiating party, by personal service or ordinary mail. | 8336 |
As used in this section, "interested party" includes the | 8337 |
offender, all lienholders, the owner of the place of storage, the | 8338 |
person or entity that caused the vehicle to be removed, and the | 8339 |
person or entity, if any, entitled to the immobilization fee under | 8340 |
division (A)(5) of this section. | 8341 |
Sec. 4503.234. (A) If a court orders the criminal forfeiture | 8342 |
of a vehicle pursuant to section 4503.233, 4503.236, 4510.11, | 8343 |
4510.14, | 8344 |
4511.203 of the Revised Code, the order shall be issued and | 8345 |
enforced in accordance with this division, subject to division (B) | 8346 |
of this section. An order of criminal forfeiture issued under this | 8347 |
division shall authorize an appropriate law enforcement agency to | 8348 |
seize the vehicle ordered criminally forfeited upon the terms and | 8349 |
conditions that the court determines proper. No vehicle ordered | 8350 |
criminally forfeited pursuant to this division shall be considered | 8351 |
contraband for purposes of Chapter 2981. of the Revised Code, but | 8352 |
the law enforcement agency that employs the officer who seized it | 8353 |
shall hold the vehicle for disposal in accordance with this | 8354 |
section. A forfeiture order may be issued only after the offender | 8355 |
has been provided with an opportunity to be heard. The prosecuting | 8356 |
attorney shall give the offender written notice of the possibility | 8357 |
of forfeiture by sending a copy of the relevant uniform traffic | 8358 |
ticket or other written notice to the offender not less than seven | 8359 |
days prior to the date of issuance of the forfeiture order. A | 8360 |
vehicle is subject to an order of criminal forfeiture pursuant to | 8361 |
this division upon the conviction of the offender of or plea of | 8362 |
guilty by the offender to a violation of division (A) of section | 8363 |
4503.236, section 4510.11, 4510.14,
| 8364 |
division (A) of section 4511.19 of the Revised Code, or a | 8365 |
municipal ordinance that is substantially equivalent to any of | 8366 |
those sections or divisions. | 8367 |
(B)(1) Prior to the issuance of an order of criminal | 8368 |
forfeiture pursuant to this section, the law enforcement agency | 8369 |
that employs the law enforcement officer who seized the vehicle | 8370 |
shall conduct or cause to be conducted a search of the appropriate | 8371 |
public records that relate to the vehicle and shall make or cause | 8372 |
to be made reasonably diligent inquiries to identify any | 8373 |
lienholder or any person or entity with an ownership interest in | 8374 |
the vehicle. The court that is to issue the forfeiture order also | 8375 |
shall cause a notice of the potential order relative to the | 8376 |
vehicle and of the expected manner of disposition of the vehicle | 8377 |
after its forfeiture to be sent to any lienholder or person who is | 8378 |
known to the court to have any right, title, or interest in the | 8379 |
vehicle. The court shall give the notice by certified mail, return | 8380 |
receipt requested, or by personal service. | 8381 |
(2) No order of criminal forfeiture shall be issued pursuant | 8382 |
to this section if a lienholder or other person with an ownership | 8383 |
interest in the vehicle establishes to the court, by a | 8384 |
preponderance of the evidence after filing a motion with the | 8385 |
court, that the lienholder or other person neither knew nor should | 8386 |
have known after a reasonable inquiry that the vehicle would be | 8387 |
used or involved, or likely would be used or involved, in the | 8388 |
violation resulting in the issuance of the order of criminal | 8389 |
forfeiture or the violation of the order of immobilization issued | 8390 |
under section 4503.233 of the Revised Code, that the lienholder or | 8391 |
other person did not expressly or impliedly consent to the use or | 8392 |
involvement of the vehicle in that violation, and that the lien or | 8393 |
ownership interest was perfected pursuant to law prior to the | 8394 |
seizure of the vehicle under section 4503.236, 4510.41, 4511.195, | 8395 |
or 4511.203 of the Revised Code. If the lienholder or holder of | 8396 |
the ownership interest satisfies the court that these criteria | 8397 |
have been met, the court shall preserve the lienholder's or other | 8398 |
person's lien or interest, and the court either shall return the | 8399 |
vehicle to the holder, or shall order that the proceeds of any | 8400 |
sale held pursuant to division (C)(2) of this section be paid to | 8401 |
the lienholder or holder of the interest less the costs of | 8402 |
seizure, storage, and maintenance of the vehicle. The court shall | 8403 |
not return a vehicle to a lienholder or a holder of an ownership | 8404 |
interest unless the lienholder or holder submits an affidavit to | 8405 |
the court that states that the lienholder or holder will not | 8406 |
return the vehicle to the person from whom the vehicle was seized | 8407 |
pursuant to the order of criminal forfeiture or to any member of | 8408 |
that person's family and will not otherwise knowingly permit that | 8409 |
person or any member of that person's family to obtain possession | 8410 |
of the vehicle. | 8411 |
(3) No order of criminal forfeiture shall be issued pursuant | 8412 |
to this section if a person with an interest in the vehicle | 8413 |
establishes to the court, by a preponderance of the evidence after | 8414 |
filing a motion with the court, that the person neither knew nor | 8415 |
should have known after a reasonable inquiry that the vehicle had | 8416 |
been used or was involved in the violation resulting in the | 8417 |
issuance of the order of criminal forfeiture or the violation of | 8418 |
the order of immobilization issued under section 4503.233 of the | 8419 |
Revised Code, that the person did not expressly or impliedly | 8420 |
consent to the use or involvement of the vehicle in that | 8421 |
violation, that the interest was perfected in good faith and for | 8422 |
value pursuant to law between the time of the arrest of the | 8423 |
offender and the final disposition of the criminal charge in | 8424 |
question, and that the vehicle was in the possession of the | 8425 |
interest holder at the time of the perfection of the interest. If | 8426 |
the court is satisfied that the interest holder has met these | 8427 |
criteria, the court shall preserve the interest holder's interest, | 8428 |
and the court either shall return the vehicle to the interest | 8429 |
holder or order that the proceeds of any sale held pursuant to | 8430 |
division (C) of this section be paid to the holder of the interest | 8431 |
less the costs of seizure, storage, and maintenance of the | 8432 |
vehicle. The court shall not return a vehicle to an interest | 8433 |
holder unless the holder submits an affidavit to the court stating | 8434 |
that the holder will not return the vehicle to the person from | 8435 |
whom the holder acquired the holder's interest, nor to any member | 8436 |
of that person's family, and the holder will not otherwise | 8437 |
knowingly permit that person or any member of that person's family | 8438 |
to obtain possession of the vehicle. | 8439 |
(C) A vehicle ordered criminally forfeited to the state | 8440 |
pursuant to this section shall be disposed of as follows: | 8441 |
(1) It shall be given to the law enforcement agency that | 8442 |
employs the law enforcement officer who seized the vehicle, if | 8443 |
that agency desires to have it; | 8444 |
(2) If a vehicle is not disposed of pursuant to division | 8445 |
(C)(1) of this section, the vehicle shall be sold, without | 8446 |
appraisal, if the value of the vehicle is two thousand dollars or | 8447 |
more as determined by publications of the national auto dealer's | 8448 |
association, at a public auction to the highest bidder for cash. | 8449 |
Prior to the sale, the prosecuting attorney in the case shall | 8450 |
cause a notice of the proposed sale to be given in accordance with | 8451 |
law. The court shall cause notice of the sale of the vehicle to be | 8452 |
published in a newspaper of general circulation in the county in | 8453 |
which the court is located at least seven days prior to the date | 8454 |
of the sale. The proceeds of a sale under this division or | 8455 |
division (F) of this section shall be applied in the following | 8456 |
order: | 8457 |
(a) First, they shall be applied to the payment of the costs | 8458 |
incurred in connection with the seizure, storage, and maintenance | 8459 |
of, and provision of security for, the vehicle, any proceeding | 8460 |
arising out of the forfeiture, and if any, the sale. | 8461 |
(b) Second, the remaining proceeds after compliance with | 8462 |
division (C)(2)(a) of this section, shall be applied to the | 8463 |
payment of the value of any lien or ownership interest in the | 8464 |
vehicle preserved under division (B) of this section. | 8465 |
(c) Third, the remaining proceeds, after compliance with | 8466 |
divisions (C)(2)(a) and (b) of this section, shall be applied to | 8467 |
the appropriate funds in accordance with divisions (B) and (C) of | 8468 |
section 2981.13 of the Revised Code, provided that the total of | 8469 |
the amount so deposited under this division shall not exceed one | 8470 |
thousand dollars. The remaining proceeds deposited under this | 8471 |
division shall be used only for the purposes authorized by those | 8472 |
divisions and division (D) of that section. | 8473 |
(d) Fourth, the remaining proceeds after compliance with | 8474 |
divisions (C)(2)(a) and (b) of this section and after deposit of a | 8475 |
total amount of one thousand dollars under division (C)(2)(c) of | 8476 |
this section shall be applied so that fifty per cent of those | 8477 |
remaining proceeds is paid into the reparation fund established by | 8478 |
section 2743.191 of the Revised Code, twenty-five per cent is paid | 8479 |
into the drug abuse resistance education programs fund created by | 8480 |
division (F)(2)(e) of section 4511.191 of the Revised Code and | 8481 |
shall be used only for the purposes authorized by division | 8482 |
(F)(2)(e) of that section, and twenty-five per cent is applied to | 8483 |
the appropriate funds in accordance with divisions (B) and (C) of | 8484 |
section 2981.13 of the Revised Code. The proceeds deposited into | 8485 |
any fund described in section 2981.13 of the Revised Code shall be | 8486 |
used only for the purposes authorized by divisions (B)(4)(c), (C), | 8487 |
and (D) of that section. | 8488 |
(D) Except as provided in division (E) of section 4511.203 of | 8489 |
the Revised Code and notwithstanding any other provision of law, | 8490 |
neither the registrar of motor vehicles nor any deputy registrar | 8491 |
shall accept an application for the registration of any motor | 8492 |
vehicle in the name of any person, or register any motor vehicle | 8493 |
in the name of any person, if both of the following apply: | 8494 |
(1) Any vehicle registered in the person's name was | 8495 |
criminally forfeited under this section and section 4503.233, | 8496 |
4503.236, 4510.10, 4510.11, 4510.14, | 8497 |
4511.193, or 4511.203 of the Revised Code; | 8498 |
(2) Less than five years have expired since the issuance of | 8499 |
the most recent order of criminal forfeiture issued in relation to | 8500 |
a vehicle registered in the person's name. | 8501 |
(E) If a court orders the criminal forfeiture to the state of | 8502 |
a vehicle pursuant to section 4503.233, 4503.236, 4510.10, | 8503 |
4510.11, 4510.14,
| 8504 |
or 4511.203 of the Revised Code, the title to the motor vehicle is | 8505 |
assigned or transferred, and division (B)(2) or (3) of this | 8506 |
section applies, in addition to or independent of any other | 8507 |
penalty established by law, the court may fine the offender the | 8508 |
value of the vehicle as determined by publications of the national | 8509 |
auto dealer's association. The proceeds from any fine imposed | 8510 |
under this division shall be distributed in accordance with | 8511 |
division (C)(2) of this section. | 8512 |
(F) As used in this section and divisions (B)(4)(c), (C), and | 8513 |
(D) of section 2981.13 of the Revised Code in relation to proceeds | 8514 |
of the sale of a vehicle under division (C) of this section, | 8515 |
"prosecuting attorney" includes the prosecuting attorney, village | 8516 |
solicitor, city director of law, or similar chief legal officer of | 8517 |
a municipal corporation who prosecutes the case resulting in the | 8518 |
conviction or guilty plea in question. | 8519 |
(G) If the vehicle to be forfeited has an average retail | 8520 |
value of less than two thousand dollars as determined by | 8521 |
publications of the national auto dealer's association, no public | 8522 |
auction is required to be held. In such a case, the court may | 8523 |
direct that the vehicle be disposed of in any manner that it | 8524 |
considers appropriate, including assignment of the certificate of | 8525 |
title to the motor vehicle to a salvage dealer or a scrap metal | 8526 |
processing facility. The court shall not transfer the vehicle to | 8527 |
the person who is the vehicle's immediate previous owner. | 8528 |
If the court assigns the motor vehicle to a salvage dealer or | 8529 |
scrap metal processing facility and the court is in possession of | 8530 |
the certificate of title to the motor vehicle, it shall send the | 8531 |
assigned certificate of title to the motor vehicle to the clerk of | 8532 |
the court of common pleas of the county in which the salvage | 8533 |
dealer or scrap metal processing facility is located. The court | 8534 |
shall mark the face of the certificate of title with the words | 8535 |
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate | 8536 |
of title to the salvage dealer or scrap metal processing facility | 8537 |
for its records. | 8538 |
If the court is not in possession of the certificate of title | 8539 |
to the motor vehicle, the court shall issue an order transferring | 8540 |
ownership of the motor vehicle to a salvage dealer or scrap metal | 8541 |
processing facility, send the order to the clerk of the court of | 8542 |
common pleas of the county in which the salvage dealer or scrap | 8543 |
metal processing facility is located, and send a photocopy of the | 8544 |
order to the salvage dealer or scrap metal processing facility for | 8545 |
its records. The clerk shall make the proper notations or entries | 8546 |
in the clerk's records concerning the disposition of the motor | 8547 |
vehicle. | 8548 |
Sec. 4507.02. (A)(1) No person shall permit the operation of | 8549 |
a motor vehicle upon any public or private property used by the | 8550 |
public for purposes of vehicular travel or parking knowing the | 8551 |
operator does not have a valid driver's license issued to the | 8552 |
operator by the registrar of motor vehicles under this chapter or | 8553 |
a valid commercial driver's license issued under Chapter 4506. of | 8554 |
the Revised Code. Except as otherwise provided in this division, | 8555 |
whoever violates this division is guilty of an unclassified | 8556 |
misdemeanor. When the offense is an unclassified misdemeanor, the | 8557 |
offender shall be sentenced pursuant to sections 2929.21 to | 8558 |
2929.28 of the Revised Code, except that the offender shall not be | 8559 |
sentenced to a jail term; the offender shall not be sentenced to a | 8560 |
community residential sanction pursuant to section 2929.26 of the | 8561 |
Revised Code; notwithstanding division (A)(2)(a) of section | 8562 |
2929.28 of the Revised Code, the offender may be fined up to one | 8563 |
thousand dollars; and, notwithstanding division (A)(3) of section | 8564 |
2929.27 of the Revised Code, the offender may be ordered pursuant | 8565 |
to division (C) of that section to serve a term of community | 8566 |
service of up to five hundred hours. The failure of an offender to | 8567 |
complete a term of community service imposed by the court may be | 8568 |
punished as indirect criminal contempt under division (A) of | 8569 |
section 2705.02 of the Revised Code that may be filed in the | 8570 |
underlying case. | 8571 |
If, within three years of the offense, the offender | 8572 |
previously has been convicted of or pleaded guilty to two or more | 8573 |
violations of this section or a substantially equivalent municipal | 8574 |
ordinance, the offense is a misdemeanor of the first degree. | 8575 |
(2) No person shall receive a driver's license, or a | 8576 |
motorcycle operator's endorsement of a driver's or commercial | 8577 |
driver's license, unless and until the person surrenders to the | 8578 |
registrar all valid licenses issued to the person by another | 8579 |
jurisdiction recognized by this state. The registrar shall report | 8580 |
the surrender of a license to the issuing authority, together with | 8581 |
information that a license is now issued in this state. The | 8582 |
registrar shall destroy any such license that is not returned to | 8583 |
the issuing authority. No person shall be permitted to have more | 8584 |
than one valid license at any time. | 8585 |
(B)(1) If a person is convicted of a violation of section | 8586 |
4510.11, 4510.14, | 8587 |
8588 | |
8589 | |
judge of any court, in addition to or independent of any other | 8590 |
penalties provided by law or ordinance, may impound the | 8591 |
identification license plates of any motor vehicle registered in | 8592 |
the name of the person. | 8593 |
8594 | |
8595 | |
8596 | |
8597 | |
8598 | |
impounded license plates to the registrar, who may retain the | 8599 |
license plates until the driver's or commercial driver's license | 8600 |
of the owner has been reinstated or destroy them pursuant to | 8601 |
section 4503.232 of the Revised Code. | 8602 |
If the license plates of a person convicted of a violation of | 8603 |
any provision of those sections have been impounded in accordance | 8604 |
with the provisions of this division, the court shall notify the | 8605 |
registrar of that action. The notice shall contain the name and | 8606 |
address of the driver, the serial number of the driver's or | 8607 |
commercial driver's license, the serial numbers of the license | 8608 |
plates of the motor vehicle, and the length of time for which the | 8609 |
license plates have been impounded. The registrar shall record the | 8610 |
data in the notice as part of the driver's permanent record. | 8611 |
(2) Any motor vehicle owner who has had the license plates of | 8612 |
a motor vehicle impounded pursuant to division (B)(1) of this | 8613 |
section may apply to the registrar, or to a deputy registrar, for | 8614 |
restricted license plates that shall conform to the requirements | 8615 |
of section 4503.231 of the Revised Code. The registrar or deputy | 8616 |
registrar forthwith shall notify the court of the application and, | 8617 |
upon approval of the court, shall issue restricted license plates | 8618 |
to the applicant. Until the driver's or commercial driver's | 8619 |
license of the owner is reinstated, any new license plates issued | 8620 |
to the owner also shall conform to the requirements of section | 8621 |
4503.231 of the Revised Code. | 8622 |
The registrar or deputy registrar shall charge the owner of a | 8623 |
vehicle the fees provided in section 4503.19 of the Revised Code | 8624 |
for restricted license plates that are issued in accordance with | 8625 |
this division, except upon renewal as specified in section 4503.10 | 8626 |
of the Revised Code, when the regular fee as provided in section | 8627 |
4503.04 of the Revised Code shall be charged. The registrar or | 8628 |
deputy registrar shall charge the owner of a vehicle the fees | 8629 |
provided in section 4503.19 of the Revised Code whenever | 8630 |
restricted license plates are exchanged, by reason of the | 8631 |
reinstatement of the driver's or commercial driver's license of | 8632 |
the owner, for those ordinarily issued. | 8633 |
(3) If an owner wishes to sell a motor vehicle during the | 8634 |
time the restricted license plates provided under division (B)(2) | 8635 |
of this section are in use, the owner may apply to the court that | 8636 |
impounded the license plates of the motor vehicle for permission | 8637 |
to transfer title to the motor vehicle. If the court is satisfied | 8638 |
that the sale will be made in good faith and not for the purpose | 8639 |
of circumventing the provisions of this section, it may certify | 8640 |
its consent to the owner and to the registrar of motor vehicles | 8641 |
who shall enter notice of the transfer of the title of the motor | 8642 |
vehicle in the vehicle registration record. | 8643 |
If, during the time the restricted license plates provided | 8644 |
under division (B)(2) of this section are in use, the title to a | 8645 |
motor vehicle is transferred by the foreclosure of a chattel | 8646 |
mortgage, a sale upon execution, the cancellation of a conditional | 8647 |
sales contract, or by order of a court, the court shall notify the | 8648 |
registrar of the action and the registrar shall enter notice of | 8649 |
the transfer of the title to the motor vehicle in the vehicle | 8650 |
registration record. | 8651 |
(C) This section is not intended to change or modify any | 8652 |
provision of Chapter 4503. of the Revised Code with respect to the | 8653 |
taxation of motor vehicles or the time within which the taxes on | 8654 |
motor vehicles shall be paid. | 8655 |
Sec. 4507.164. (A) Except as provided in divisions (C) to | 8656 |
(E) of this section, when the license of any person is suspended | 8657 |
pursuant to any provision of the Revised Code other than division | 8658 |
(G) of section 4511.19 of the Revised Code and other than section | 8659 |
4510.07 of the Revised Code for a violation of a municipal OVI | 8660 |
ordinance, the trial judge may impound the identification license | 8661 |
plates of any motor vehicle registered in the name of the person. | 8662 |
(B)(1) When the license of any person is suspended pursuant | 8663 |
to division (G)(1)(a) of section 4511.19 of the Revised Code, or | 8664 |
pursuant to section 4510.07 of the Revised Code for a municipal | 8665 |
OVI offense when the suspension is equivalent in length to the | 8666 |
suspension under division (G) of section 4511.19 of the Revised | 8667 |
Code that is specified in this division, the trial judge of the | 8668 |
court of record or the mayor of the mayor's court that suspended | 8669 |
the license may impound the identification license plates of any | 8670 |
motor vehicle registered in the name of the person. | 8671 |
(2) When the license of any person is suspended pursuant to | 8672 |
division (G)(1)(b) of section 4511.19 of the Revised Code, or | 8673 |
pursuant to section 4510.07 of the Revised Code for a municipal | 8674 |
OVI offense when the suspension is equivalent in length to the | 8675 |
suspension under division (G) of section 4511.19 of the Revised | 8676 |
Code that is specified in this division, the trial judge of the | 8677 |
court of record that suspended the license shall order the | 8678 |
impoundment of the identification license plates of the motor | 8679 |
vehicle the offender was operating at the time of the offense and | 8680 |
the immobilization of that vehicle in accordance with section | 8681 |
4503.233 and division (G)(1)(b) of section 4511.19 or division | 8682 |
(C)(2)(a) of section 4511.193 of the Revised Code and may impound | 8683 |
the identification license plates of any other motor vehicle | 8684 |
registered in the name of the person whose license is suspended. | 8685 |
(3) When the license of any person is suspended pursuant to | 8686 |
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised | 8687 |
Code, or pursuant to section 4510.07 of the Revised Code for a | 8688 |
municipal OVI offense when the suspension is equivalent in length | 8689 |
to the suspension under division (G) of section 4511.19 of the | 8690 |
Revised Code that is specified in this division, the trial judge | 8691 |
of the court of record that suspended the license shall order the | 8692 |
criminal forfeiture to the state of the motor vehicle the offender | 8693 |
was operating at the time of the offense in accordance with | 8694 |
section 4503.234 and division (G)(1)(c), (d), or (e) of section | 8695 |
4511.19 or division (C)(2)(b) of section 4511.193 of the Revised | 8696 |
Code and may impound the identification license plates of any | 8697 |
other motor vehicle registered in the name of the person whose | 8698 |
license is suspended. | 8699 |
(C)(1) When a person is convicted of or pleads guilty to a | 8700 |
violation of section 4510.14 of the Revised Code or a | 8701 |
substantially equivalent municipal ordinance and division (B)(1) | 8702 |
or (2) of section 4510.14 or division | 8703 |
4510.161 of the Revised Code applies, the trial judge of the court | 8704 |
of record or the mayor of the mayor's court that imposes sentence | 8705 |
shall order the immobilization of the vehicle the person was | 8706 |
operating at the time of the offense and the impoundment of its | 8707 |
identification license plates in accordance with section 4503.233 | 8708 |
and division (B)(1) or (2) of section 4510.14 or division | 8709 |
8710 | |
impound the identification license plates of any other vehicle | 8711 |
registered in the name of that person. | 8712 |
(2) When a person is convicted of or pleads guilty to a | 8713 |
violation of section 4510.14 of the Revised Code or a | 8714 |
substantially equivalent municipal ordinance and division (B)(3) | 8715 |
of section 4510.14 or division | 8716 |
the Revised Code applies, the trial judge of the court of record | 8717 |
that imposes sentence shall order the criminal forfeiture to the | 8718 |
state of the vehicle the person was operating at the time of the | 8719 |
offense in accordance with section 4503.234 and division (B)(3) of | 8720 |
section 4510.14 or division | 8721 |
Revised Code and may impound the identification license plates of | 8722 |
any other vehicle registered in the name of that person. | 8723 |
(D) | 8724 |
8725 | |
8726 | |
8727 | |
8728 | |
8729 | |
8730 | |
8731 | |
8732 | |
8733 | |
8734 | |
8735 |
| 8736 |
violation of section 4511.203 of the Revised Code and the person | 8737 |
is sentenced pursuant to division (C)(3)(a) or (b) of section | 8738 |
4511.203 of the Revised Code, the trial judge of the court of | 8739 |
record or the mayor of the mayor's court that imposes sentence | 8740 |
shall order the immobilization of the vehicle that was involved in | 8741 |
the commission of the offense and the impoundment of its | 8742 |
identification license plates in accordance with division | 8743 |
(C)(3)(a) or (b) of section 4511.203 and section 4503.233 of the | 8744 |
Revised Code and may impound the identification license plates of | 8745 |
any other vehicle registered in the name of that person. | 8746 |
(2) When a person is convicted of or pleads guilty to a | 8747 |
violation of section 4511.203 of the Revised Code and the person | 8748 |
is sentenced pursuant to division (C)(3)(c) of section 4511.203 of | 8749 |
the Revised Code, the trial judge of the court of record or the | 8750 |
mayor of the mayor's court that imposes sentence shall order the | 8751 |
criminal forfeiture to the state of the vehicle that was involved | 8752 |
in the commission of the offense in accordance with division | 8753 |
(C)(3)(c) of section 4511.203 and section 4503.234 of the Revised | 8754 |
Code and may impound the identification license plates of any | 8755 |
other vehicle registered in the name of that person. | 8756 |
| 8757 |
the Revised Code, when the certificate of registration, the | 8758 |
identification license plates, or both have been impounded, | 8759 |
division (B) of section 4507.02 of the Revised Code is applicable. | 8760 |
| 8761 |
the same meaning as in section 4511.181 of the Revised Code. | 8762 |
Sec. 4509.06. (A) The driver of any motor vehicle which is | 8763 |
in any manner involved in a motor vehicle accident within six | 8764 |
months of the accident may forward a written report of the | 8765 |
accident to the registrar of motor vehicles on a form prescribed | 8766 |
by the registrar alleging that a driver or owner of any other | 8767 |
vehicle involved in the accident was uninsured at the time of the | 8768 |
accident. | 8769 |
(B) Upon receipt of the accident report, the registrar shall | 8770 |
send a notice by regular mail to the driver and owner alleged to | 8771 |
be uninsured requiring the person to give evidence that the person | 8772 |
had proof of financial responsibility in effect at the time of the | 8773 |
accident. | 8774 |
(C) Within thirty days after the mailing of the notice by the | 8775 |
registrar, the driver of the vehicle alleged to be uninsured shall | 8776 |
forward a report together with acceptable proof of financial | 8777 |
responsibility to the registrar in a form prescribed by the | 8778 |
registrar. The forwarding of the report by the owner of the motor | 8779 |
vehicle involved in the accident is deemed compliance with this | 8780 |
section by the driver. This section does not change or modify the | 8781 |
duties of the driver or operator of a motor vehicle as set forth | 8782 |
in section 4549.02 of the Revised Code. | 8783 |
| 8784 |
8785 | |
8786 | |
8787 |
Sec. 4509.101. (A)(1) No person shall operate, or permit the | 8788 |
operation of, a motor vehicle in this state, unless proof of | 8789 |
financial responsibility is maintained continuously throughout the | 8790 |
registration period with respect to that vehicle, or, in the case | 8791 |
of a driver who is not the owner, with respect to that driver's | 8792 |
operation of that vehicle. | 8793 |
(2) Whoever violates division (A)(1) of this section shall be | 8794 |
subject to the following civil penalties: | 8795 |
(a) Subject to divisions (A)(2)(b) and (c) of this section, a | 8796 |
class | 8797 |
commercial driver's license, temporary instruction permit, | 8798 |
probationary license, or nonresident operating privilege for the | 8799 |
period of time specified in division (B) | 8800 |
of the Revised Code and impoundment of the person's license. | 8801 |
8802 | |
8803 | |
8804 |
(b) If, within five years of the violation, the person's | 8805 |
operating privileges are again suspended and the person's license | 8806 |
again is impounded for a violation of division (A)(1) of this | 8807 |
section, a class C suspension of the person's driver's license, | 8808 |
commercial driver's license, temporary instruction permit, | 8809 |
probationary license, or nonresident operating privilege for the | 8810 |
period of time specified in division (B)(3) of section 4510.02 of | 8811 |
the Revised Code. The court may grant limited driving privileges | 8812 |
to the person only if the person presents proof of financial | 8813 |
responsibility and has complied with division (A)(5) of this | 8814 |
section, and no court may grant limited driving privileges for the | 8815 |
first fifteen days of the suspension. | 8816 |
(c) If, within five years of the violation, the person's | 8817 |
operating privileges are suspended and the person's license is | 8818 |
impounded two or more times for a violation of division (A)(1) of | 8819 |
this section, a class B suspension of the person's driver's | 8820 |
license, commercial driver's license, temporary instruction | 8821 |
permit, probationary license, or nonresident operating privilege | 8822 |
for the period of time specified in division (B)(2) of section | 8823 |
4510.02 of the Revised Code. | 8824 |
driving privileges to the person only if the person presents proof | 8825 |
of financial responsibility and has complied with division (A)(5) | 8826 |
of this section, except that no court may grant limited driving | 8827 |
privileges | 8828 |
(d) In addition to the suspension of an owner's license under | 8829 |
division (A)(2)(a), (b), or (c) of this section, the suspension of | 8830 |
the rights of the owner to register the motor vehicle and the | 8831 |
impoundment of the owner's certificate of registration and license | 8832 |
plates until the owner complies with division (A)(5) of this | 8833 |
section. | 8834 |
(3) A person to whom this state has issued a certificate of | 8835 |
registration for a motor vehicle or a license to operate a motor | 8836 |
vehicle or who is determined to have operated any motor vehicle or | 8837 |
permitted the operation in this state of a motor vehicle owned by | 8838 |
the person shall be required to verify the existence of proof of | 8839 |
financial responsibility covering the operation of the motor | 8840 |
vehicle or the person's operation of the motor vehicle under any | 8841 |
of the following circumstances: | 8842 |
(a) The person or a motor vehicle owned by the person is | 8843 |
involved in a traffic accident that requires the filing of an | 8844 |
accident report under section 4509.06 of the Revised Code. | 8845 |
(b) The person receives a traffic ticket indicating that | 8846 |
proof of the maintenance of financial responsibility was not | 8847 |
produced upon the request of a peace officer or state highway | 8848 |
patrol trooper made in accordance with division (D)(2) of this | 8849 |
section. | 8850 |
(c) Whenever, in accordance with rules adopted by the | 8851 |
registrar, the person is randomly selected by the registrar and | 8852 |
requested to provide such verification. | 8853 |
(4) An order of the registrar that suspends and impounds a | 8854 |
license or registration, or both, shall state the date on or | 8855 |
before which the person is required to surrender the person's | 8856 |
license or certificate of registration and license plates. The | 8857 |
person is deemed to have surrendered the license or certificate of | 8858 |
registration and license plates, in compliance with the order, if | 8859 |
the person does either of the following: | 8860 |
(a) On or before the date specified in the order, personally | 8861 |
delivers the license or certificate of registration and license | 8862 |
plates, or causes the delivery of the items, to the registrar; | 8863 |
(b) Mails the license or certificate of registration and | 8864 |
license plates to the registrar in an envelope or container | 8865 |
bearing a postmark showing a date no later than the date specified | 8866 |
in the order. | 8867 |
(5) Except as provided in division (A)(6) or (L) of this | 8868 |
section, the registrar shall not restore any operating privileges | 8869 |
or registration rights suspended under this section, return any | 8870 |
license, certificate of registration, or license plates impounded | 8871 |
under this section, or reissue license plates under section | 8872 |
4503.232 of the Revised Code, if the registrar destroyed the | 8873 |
impounded license plates under that section, or reissue a license | 8874 |
under section 4510.52 of the Revised Code, if the registrar | 8875 |
destroyed the suspended license under that section, unless the | 8876 |
rights are not subject to suspension or revocation under any other | 8877 |
law and unless the person, in addition to complying with all other | 8878 |
conditions required by law for reinstatement of the operating | 8879 |
privileges or registration rights, complies with all of the | 8880 |
following: | 8881 |
(a) Pays to the registrar or an eligible deputy registrar a | 8882 |
financial responsibility reinstatement fee of one hundred dollars | 8883 |
for the first violation of division (A)(1) of this section, three | 8884 |
hundred dollars for a second violation of that division, and six | 8885 |
hundred dollars for a third or subsequent violation of that | 8886 |
division; | 8887 |
(b) If the person has not voluntarily surrendered the | 8888 |
license, certificate, or license plates in compliance with the | 8889 |
order, pays to the registrar or an eligible deputy registrar a | 8890 |
financial responsibility nonvoluntary compliance fee in an amount, | 8891 |
not to exceed fifty dollars, determined by the registrar; | 8892 |
(c) Files and continuously maintains proof of financial | 8893 |
responsibility under sections 4509.44 to 4509.65 of the Revised | 8894 |
Code; | 8895 |
(d) Pays a deputy registrar a service fee of ten dollars to | 8896 |
compensate the deputy registrar for services performed under this | 8897 |
section. The deputy registrar shall retain eight dollars of the | 8898 |
service fee and shall transmit the reinstatement fee, any | 8899 |
nonvoluntary compliance fee, and two dollars of the service fee to | 8900 |
the registrar in the manner the registrar shall determine. | 8901 |
(6) If the registrar issues an order under division (A)(2) of | 8902 |
this section resulting from the failure of a person to respond to | 8903 |
a financial responsibility random verification request under | 8904 |
division (A)(3)(c) of this section and the person successfully | 8905 |
maintains an affirmative defense to a violation of section 4510.16 | 8906 |
of the Revised Code or is determined by the registrar or a deputy | 8907 |
registrar to have been in compliance with division (A)(1) of this | 8908 |
section at the time of the initial financial responsibility random | 8909 |
verification request, the registrar shall do both of the | 8910 |
following: | 8911 |
(a) Terminate the order of suspension or impoundment; | 8912 |
(b) Restore the operating privileges and registration rights | 8913 |
of the person without payment of the fees established in divisions | 8914 |
(A)(5)(a) and (b) of this section and without a requirement to | 8915 |
file proof of financial responsibility. | 8916 |
(B)(1) Every party required to file an accident report under | 8917 |
section 4509.06 of the Revised Code also shall include with the | 8918 |
report a document described in division (G)(1) of this section. | 8919 |
If the registrar determines, within forty-five days after the | 8920 |
report is filed, that an operator or owner has violated division | 8921 |
(A)(1) of this section, the registrar shall do all of the | 8922 |
following: | 8923 |
(a) Order the impoundment, with respect to the motor vehicle | 8924 |
involved, required under division (A)(2)(d) of this section, of | 8925 |
the certificate of registration and license plates of any owner | 8926 |
who has violated division (A)(1) of this section; | 8927 |
(b) Order the suspension required under division (A)(2)(a), | 8928 |
(b), or (c) of this section of the license of any operator or | 8929 |
owner who has violated division (A)(1) of this section; | 8930 |
(c) Record the name and address of the person whose | 8931 |
certificate of registration and license plates have been impounded | 8932 |
or are under an order of impoundment, or whose license has been | 8933 |
suspended or is under an order of suspension; the serial number of | 8934 |
the person's license; the serial numbers of the person's | 8935 |
certificate of registration and license plates; and the person's | 8936 |
social security account number, if assigned, or, where the motor | 8937 |
vehicle is used for hire or principally in connection with any | 8938 |
established business, the person's federal taxpayer identification | 8939 |
number. The information shall be recorded in such a manner that it | 8940 |
becomes a part of the person's permanent record, and assists the | 8941 |
registrar in monitoring compliance with the orders of suspension | 8942 |
or impoundment. | 8943 |
(d) Send written notification to every person to whom the | 8944 |
order pertains, at the person's last known address as shown on the | 8945 |
records of the bureau. The person, within ten days after the date | 8946 |
of the mailing of the notification, shall surrender to the | 8947 |
registrar, in a manner set forth in division (A)(4) of this | 8948 |
section, any certificate of registration and registration plates | 8949 |
under an order of impoundment, or any license under an order of | 8950 |
suspension. | 8951 |
(2) The registrar shall issue any order under division (B)(1) | 8952 |
of this section without a hearing. Any person adversely affected | 8953 |
by the order, within ten days after the issuance of the order, may | 8954 |
request an administrative hearing before the registrar, who shall | 8955 |
provide the person with an opportunity for a hearing in accordance | 8956 |
with this paragraph. A request for a hearing does not operate as a | 8957 |
suspension of the order. The scope of the hearing shall be limited | 8958 |
to whether the person in fact demonstrated to the registrar proof | 8959 |
of financial responsibility in accordance with this section. The | 8960 |
registrar shall determine the date, time, and place of any | 8961 |
hearing, provided that the hearing shall be held, and an order | 8962 |
issued or findings made, within thirty days after the registrar | 8963 |
receives a request for a hearing. If requested by the person in | 8964 |
writing, the registrar may designate as the place of hearing the | 8965 |
county seat of the county in which the person resides or a place | 8966 |
within fifty miles of the person's residence. The person shall pay | 8967 |
the cost of the hearing before the registrar, if the registrar's | 8968 |
order of suspension or impoundment is upheld. | 8969 |
(C) Any order of suspension or impoundment issued under this | 8970 |
section or division (B) of section 4509.37 of the Revised Code may | 8971 |
be terminated at any time if the registrar determines upon a | 8972 |
showing of proof of financial responsibility that the operator or | 8973 |
owner of the motor vehicle was in compliance with division (A)(1) | 8974 |
of this section at the time of the traffic offense, motor vehicle | 8975 |
inspection, or accident that resulted in the order against the | 8976 |
person. A determination may be made without a hearing. This | 8977 |
division does not apply unless the person shows good cause for the | 8978 |
person's failure to present satisfactory proof of financial | 8979 |
responsibility to the registrar prior to the issuance of the | 8980 |
order. | 8981 |
(D)(1) For the purpose of enforcing this section, every peace | 8982 |
officer is deemed an agent of the registrar. | 8983 |
(a) Except as provided in division (D)(1)(b) of this section, | 8984 |
any peace officer who, in the performance of the peace officer's | 8985 |
duties as authorized by law, becomes aware of a person whose | 8986 |
license is under an order of suspension, or whose certificate of | 8987 |
registration and license plates are under an order of impoundment, | 8988 |
pursuant to this section, may confiscate the license, certificate | 8989 |
of registration, and license plates, and return them to the | 8990 |
registrar. | 8991 |
(b) Any peace officer who, in the performance of the peace | 8992 |
officer's duties as authorized by law, becomes aware of a person | 8993 |
whose license is under an order of suspension, or whose | 8994 |
certificate of registration and license plates are under an order | 8995 |
of impoundment resulting from failure to respond to a financial | 8996 |
responsibility random verification, shall not, for that reason, | 8997 |
arrest the owner or operator or seize the vehicle or license | 8998 |
plates. Instead, the peace officer shall issue a citation for a | 8999 |
violation of section 4510.16 of the Revised Code specifying the | 9000 |
circumstances as failure to respond to a financial responsibility | 9001 |
random verification. | 9002 |
(2) A peace officer shall request the owner or operator of a | 9003 |
motor vehicle to produce proof of financial responsibility in a | 9004 |
manner described in division (G) of this section at the time the | 9005 |
peace officer acts to enforce the traffic laws of this state and | 9006 |
during motor vehicle inspections conducted pursuant to section | 9007 |
4513.02 of the Revised Code. | 9008 |
(3) A peace officer shall indicate on every traffic ticket | 9009 |
whether the person receiving the traffic ticket produced proof of | 9010 |
the maintenance of financial responsibility in response to the | 9011 |
officer's request under division (D)(2) of this section. The peace | 9012 |
officer shall inform every person who receives a traffic ticket | 9013 |
and who has failed to produce proof of the maintenance of | 9014 |
financial responsibility that the person must submit proof to the | 9015 |
traffic violations bureau with any payment of a fine and costs for | 9016 |
the ticketed violation or, if the person is to appear in court for | 9017 |
the violation, the person must submit proof to the court. | 9018 |
(4)(a) If a person who has failed to produce proof of the | 9019 |
maintenance of financial responsibility appears in court for a | 9020 |
ticketed violation, the court may permit the defendant to present | 9021 |
evidence of proof of financial responsibility to the court at such | 9022 |
time and in such manner as the court determines to be necessary or | 9023 |
appropriate. In a manner prescribed by the registrar, the clerk of | 9024 |
courts shall provide the registrar with the identity of any person | 9025 |
who fails to submit proof of the maintenance of financial | 9026 |
responsibility pursuant to division (D)(3) of this section. | 9027 |
(b) If a person who has failed to produce proof of the | 9028 |
maintenance of financial responsibility also fails to submit that | 9029 |
proof to the traffic violations bureau with payment of a fine and | 9030 |
costs for the ticketed violation, the traffic violations bureau, | 9031 |
in a manner prescribed by the registrar, shall notify the | 9032 |
registrar of the identity of that person. | 9033 |
(5)(a) Upon receiving notice from a clerk of courts or | 9034 |
traffic violations bureau pursuant to division (D)(4) of this | 9035 |
section, the registrar shall order the suspension of the license | 9036 |
of the person required under division (A)(2)(a), (b), or (c) of | 9037 |
this section and the impoundment of the person's certificate of | 9038 |
registration and license plates required under division (A)(2)(d) | 9039 |
of this section, effective thirty days after the date of the | 9040 |
mailing of notification. The registrar also shall notify the | 9041 |
person that the person must present the registrar with proof of | 9042 |
financial responsibility in accordance with this section, | 9043 |
surrender to the registrar the person's certificate of | 9044 |
registration, license plates, and license, or submit a statement | 9045 |
subject to section 2921.13 of the Revised Code that the person did | 9046 |
not operate or permit the operation of the motor vehicle at the | 9047 |
time of the offense. Notification shall be in writing and shall be | 9048 |
sent to the person at the person's last known address as shown on | 9049 |
the records of the bureau of motor vehicles. The person, within | 9050 |
fifteen days after the date of the mailing of notification, shall | 9051 |
present proof of financial responsibility, surrender the | 9052 |
certificate of registration, license plates, and license to the | 9053 |
registrar in a manner set forth in division (A)(4) of this | 9054 |
section, or submit the statement required under this section | 9055 |
together with other information the person considers appropriate. | 9056 |
If the registrar does not receive proof or the person does | 9057 |
not surrender the certificate of registration, license plates, and | 9058 |
license, in accordance with this division, the registrar shall | 9059 |
permit the order for the suspension of the license of the person | 9060 |
and the impoundment of the person's certificate of registration | 9061 |
and license plates to take effect. | 9062 |
(b) In the case of a person who presents, within the | 9063 |
fifteen-day period, documents to show proof of financial | 9064 |
responsibility, the registrar shall terminate the order of | 9065 |
suspension and the impoundment of the registration and license | 9066 |
plates required under division (A)(2)(d) of this section and shall | 9067 |
send written notification to the person, at the person's last | 9068 |
known address as shown on the records of the bureau. | 9069 |
(c) Any person adversely affected by the order of the | 9070 |
registrar under division (D)(5)(a) or (b) of this section, within | 9071 |
ten days after the issuance of the order, may request an | 9072 |
administrative hearing before the registrar, who shall provide the | 9073 |
person with an opportunity for a hearing in accordance with this | 9074 |
paragraph. A request for a hearing does not operate as a | 9075 |
suspension of the order. The scope of the hearing shall be limited | 9076 |
to whether, at the time of the hearing, the person presents proof | 9077 |
of financial responsibility covering the vehicle and whether the | 9078 |
person is eligible for an exemption in accordance with this | 9079 |
section or any rule adopted under it. The registrar shall | 9080 |
determine the date, time, and place of any hearing; provided, that | 9081 |
the hearing shall be held, and an order issued or findings made, | 9082 |
within thirty days after the registrar receives a request for a | 9083 |
hearing. If requested by the person in writing, the registrar may | 9084 |
designate as the place of hearing the county seat of the county in | 9085 |
which the person resides or a place within fifty miles of the | 9086 |
person's residence. Such person shall pay the cost of the hearing | 9087 |
before the registrar, if the registrar's order of suspension or | 9088 |
impoundment under division (D)(5)(a) or (b) of this section is | 9089 |
upheld. | 9090 |
(6) A peace officer may charge an owner or operator of a | 9091 |
motor vehicle with a violation of section 4510.16 of the Revised | 9092 |
Code when the owner or operator fails to show proof of the | 9093 |
maintenance of financial responsibility pursuant to a peace | 9094 |
officer's request under division (D)(2) of this section, if a | 9095 |
check of the owner or operator's driving record indicates that the | 9096 |
owner or operator, at the time of the operation of the motor | 9097 |
vehicle, is required to file and maintain proof of financial | 9098 |
responsibility under section 4509.45 of the Revised Code for a | 9099 |
previous violation of this chapter. | 9100 |
(7) Any forms used by law enforcement agencies in | 9101 |
administering this section shall be prescribed, supplied, and paid | 9102 |
for by the registrar. | 9103 |
(8) No peace officer, law enforcement agency employing a | 9104 |
peace officer, or political subdivision or governmental agency | 9105 |
that employs a peace officer shall be liable in a civil action for | 9106 |
damages or loss to persons arising out of the performance of any | 9107 |
duty required or authorized by this section. | 9108 |
(9) As used in this division and divisions (E) and (G) of | 9109 |
this section, "peace officer" has the meaning set forth in section | 9110 |
2935.01 of the Revised Code. | 9111 |
(E) All fees, except court costs, fees paid to a deputy | 9112 |
registrar, and those portions of the financial responsibility | 9113 |
reinstatement fees as otherwise specified in this division, | 9114 |
collected under this section shall be paid into the state treasury | 9115 |
to the credit of the financial responsibility compliance fund. The | 9116 |
financial responsibility compliance fund shall be used exclusively | 9117 |
to cover costs incurred by the bureau in the administration of | 9118 |
this section and sections 4503.20, 4507.212, and 4509.81 of the | 9119 |
Revised Code, and by any law enforcement agency employing any | 9120 |
peace officer who returns any license, certificate of | 9121 |
registration, and license plates to the registrar pursuant to | 9122 |
division (C) of this section, except that the director of budget | 9123 |
and management may transfer excess money from the financial | 9124 |
responsibility compliance fund to the state bureau of motor | 9125 |
vehicles fund if the registrar determines that the amount of money | 9126 |
in the financial responsibility compliance fund exceeds the amount | 9127 |
required to cover such costs incurred by the bureau or a law | 9128 |
enforcement agency and requests the director to make the transfer. | 9129 |
Of each financial responsibility reinstatement fee the | 9130 |
registrar collects pursuant to division (A)(5)(a) of this section | 9131 |
or receives from a deputy registrar under division (A)(5)(d) of | 9132 |
this section, the registrar shall deposit twenty-five dollars of | 9133 |
each one-hundred-dollar reinstatement fee, fifty dollars of each | 9134 |
three-hundred-dollar reinstatement fee, and one hundred dollars of | 9135 |
each six-hundred-dollar reinstatement fee into the state treasury | 9136 |
to the credit of the indigent defense support fund created by | 9137 |
section 120.08 of the Revised Code. | 9138 |
All investment earnings of the financial responsibility | 9139 |
compliance fund shall be credited to the fund. | 9140 |
(F) Chapter 119. of the Revised Code applies to this section | 9141 |
only to the extent that any provision in that chapter is not | 9142 |
clearly inconsistent with this section. | 9143 |
(G)(1) The registrar, court, traffic violations bureau, or | 9144 |
peace officer may require proof of financial responsibility to be | 9145 |
demonstrated by use of a standard form prescribed by the | 9146 |
registrar. If the use of a standard form is not required, a person | 9147 |
may demonstrate proof of financial responsibility under this | 9148 |
section by presenting to the traffic violations bureau, court, | 9149 |
registrar, or peace officer any of the following documents or a | 9150 |
copy of the documents: | 9151 |
(a) A financial responsibility identification card as | 9152 |
provided in section 4509.103 of the Revised Code; | 9153 |
(b) A certificate of proof of financial responsibility on a | 9154 |
form provided and approved by the registrar for the filing of an | 9155 |
accident report required to be filed under section 4509.06 of the | 9156 |
Revised Code; | 9157 |
(c) A policy of liability insurance, a declaration page of a | 9158 |
policy of liability insurance, or liability bond, if the policy or | 9159 |
bond complies with section 4509.20 or sections 4509.49 to 4509.61 | 9160 |
of the Revised Code; | 9161 |
(d) A bond or certification of the issuance of a bond as | 9162 |
provided in section 4509.59 of the Revised Code; | 9163 |
(e) A certificate of deposit of money or securities as | 9164 |
provided in section 4509.62 of the Revised Code; | 9165 |
(f) A certificate of self-insurance as provided in section | 9166 |
4509.72 of the Revised Code. | 9167 |
(2) If a person fails to demonstrate proof of financial | 9168 |
responsibility in a manner described in division (G)(1) of this | 9169 |
section, the person may demonstrate proof of financial | 9170 |
responsibility under this section by any other method that the | 9171 |
court or the bureau, by reason of circumstances in a particular | 9172 |
case, may consider appropriate. | 9173 |
(3) A motor carrier certificated by the interstate commerce | 9174 |
commission or by the public utilities commission may demonstrate | 9175 |
proof of financial responsibility by providing a statement | 9176 |
designating the motor carrier's operating authority and averring | 9177 |
that the insurance coverage required by the certificating | 9178 |
authority is in full force and effect. | 9179 |
(4)(a) A finding by the registrar or court that a person is | 9180 |
covered by proof of financial responsibility in the form of an | 9181 |
insurance policy or surety bond is not binding upon the named | 9182 |
insurer or surety or any of its officers, employees, agents, or | 9183 |
representatives and has no legal effect except for the purpose of | 9184 |
administering this section. | 9185 |
(b) The preparation and delivery of a financial | 9186 |
responsibility identification card or any other document | 9187 |
authorized to be used as proof of financial responsibility under | 9188 |
this division does not do any of the following: | 9189 |
(i) Create any liability or estoppel against an insurer or | 9190 |
surety, or any of its officers, employees, agents, or | 9191 |
representatives; | 9192 |
(ii) Constitute an admission of the existence of, or of any | 9193 |
liability or coverage under, any policy or bond; | 9194 |
(iii) Waive any defenses or counterclaims available to an | 9195 |
insurer, surety, agent, employee, or representative in an action | 9196 |
commenced by an insured or third-party claimant upon a cause of | 9197 |
action alleged to have arisen under an insurance policy or surety | 9198 |
bond or by reason of the preparation and delivery of a document | 9199 |
for use as proof of financial responsibility. | 9200 |
(c) Whenever it is determined by a final judgment in a | 9201 |
judicial proceeding that an insurer or surety, which has been | 9202 |
named on a document accepted by a court or the registrar as proof | 9203 |
of financial responsibility covering the operation of a motor | 9204 |
vehicle at the time of an accident or offense, is not liable to | 9205 |
pay a judgment for injuries or damages resulting from such | 9206 |
operation, the registrar, notwithstanding any previous contrary | 9207 |
finding, shall forthwith suspend the operating privileges and | 9208 |
registration rights of the person against whom the judgment was | 9209 |
rendered as provided in division (A)(2) of this section. | 9210 |
(H) In order for any document described in division (G)(1)(b) | 9211 |
of this section to be used for the demonstration of proof of | 9212 |
financial responsibility under this section, the document shall | 9213 |
state the name of the insured or obligor, the name of the insurer | 9214 |
or surety company, and the effective and expiration dates of the | 9215 |
financial responsibility, and designate by explicit description or | 9216 |
by appropriate reference all motor vehicles covered which may | 9217 |
include a reference to fleet insurance coverage. | 9218 |
(I) For purposes of this section, "owner" does not include a | 9219 |
licensed motor vehicle leasing dealer as defined in section | 9220 |
4517.01 of the Revised Code, but does include a motor vehicle | 9221 |
renting dealer as defined in section 4549.65 of the Revised Code. | 9222 |
Nothing in this section or in section 4509.51 of the Revised Code | 9223 |
shall be construed to prohibit a motor vehicle renting dealer from | 9224 |
entering into a contractual agreement with a person whereby the | 9225 |
person renting the motor vehicle agrees to be solely responsible | 9226 |
for maintaining proof of financial responsibility, in accordance | 9227 |
with this section, with respect to the operation, maintenance, or | 9228 |
use of the motor vehicle during the period of the motor vehicle's | 9229 |
rental. | 9230 |
(J) The purpose of this section is to require the maintenance | 9231 |
of proof of financial responsibility with respect to the operation | 9232 |
of motor vehicles on the highways of this state, so as to minimize | 9233 |
those situations in which persons are not compensated for injuries | 9234 |
and damages sustained in motor vehicle accidents. The general | 9235 |
assembly finds that this section contains reasonable civil | 9236 |
penalties and procedures for achieving this purpose. | 9237 |
(K) Nothing in this section shall be construed to be subject | 9238 |
to section 4509.78 of the Revised Code. | 9239 |
(L)(1) The registrar may terminate any suspension imposed | 9240 |
under this section and not require the owner to comply with | 9241 |
divisions (A)(5)(a), (b), and (c) of this section if the registrar | 9242 |
with or without a hearing determines that the owner of the vehicle | 9243 |
has established by clear and convincing evidence that all of the | 9244 |
following apply: | 9245 |
(a) The owner customarily maintains proof of financial | 9246 |
responsibility. | 9247 |
(b) Proof of financial responsibility was not in effect for | 9248 |
the vehicle on the date in question for one of the following | 9249 |
reasons: | 9250 |
(i) The vehicle was inoperable. | 9251 |
(ii) The vehicle is operated only seasonally, and the date in | 9252 |
question was outside the season of operation. | 9253 |
(iii) A person other than the vehicle owner or driver was at | 9254 |
fault for the lapse of proof of financial responsibility through | 9255 |
no fault of the owner or driver. | 9256 |
(iv) The lapse of proof of financial responsibility was | 9257 |
caused by excusable neglect under circumstances that are not | 9258 |
likely to recur and do not suggest a purpose to evade the | 9259 |
requirements of this chapter. | 9260 |
(2) The registrar may grant an owner or driver relief for a | 9261 |
reason specified in division (L)(1)(b)(i) or (ii) of this section | 9262 |
whenever the owner or driver is randomly selected to verify the | 9263 |
existence of proof of financial responsibility for such a vehicle. | 9264 |
However, the registrar may grant an owner or driver relief for a | 9265 |
reason specified in division (L)(1)(b)(iii) or (iv) of this | 9266 |
section only if the owner or driver has not previously been | 9267 |
granted relief under division (L)(1)(b)(iii) or (iv) of this | 9268 |
section. | 9269 |
(M) The registrar shall adopt rules in accordance with | 9270 |
Chapter 119. of the Revised Code that are necessary to administer | 9271 |
and enforce this section. The rules shall include procedures for | 9272 |
the surrender of license plates upon failure to maintain proof of | 9273 |
financial responsibility and provisions relating to reinstatement | 9274 |
of registration rights, acceptable forms of proof of financial | 9275 |
responsibility, and verification of the existence of financial | 9276 |
responsibility during the period of registration. | 9277 |
Sec. 4510.10. (A) As used in this section, "reinstatement | 9278 |
fees" means the fees that are required under section 4507.1612, | 9279 |
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other | 9280 |
provision of the Revised Code, or under a schedule established by | 9281 |
the bureau of motor vehicles, in order to reinstate a driver's or | 9282 |
commercial driver's license or permit or nonresident operating | 9283 |
privilege of an offender under a suspension. | 9284 |
(B) Reinstatement fees are those fees that compensate the | 9285 |
bureau of motor vehicles for suspensions, cancellations, or | 9286 |
disqualifications of a person's driving privileges and to | 9287 |
compensate the bureau and other agencies in their administration | 9288 |
of programs intended to reduce and eliminate threats to public | 9289 |
safety through education, treatment, and other activities. The | 9290 |
registrar of motor vehicles shall not reinstate a driver's or | 9291 |
commercial driver's license or permit or nonresident operating | 9292 |
privilege of a person until the person has paid all reinstatement | 9293 |
fees and has complied with all conditions for each suspension, | 9294 |
cancellation, or disqualification incurred by that person. | 9295 |
(C) When a municipal court or county court determines in a | 9296 |
pending case involving an offender that the offender cannot | 9297 |
reasonably pay reinstatement fees due and owing by the offender | 9298 |
relative to one or more suspensions that have been or will be | 9299 |
imposed by the bureau of motor vehicles or by a court of this | 9300 |
state, the court, by order, may undertake an installment payment | 9301 |
plan or a payment extension plan for the payment of reinstatement | 9302 |
fees due and owing to the bureau in that pending case. The court | 9303 |
shall establish an installment payment plan or a payment extension | 9304 |
plan under this division in accordance with the requirements of | 9305 |
divisions (D)(1) and (2) of this section. | 9306 |
(D) Independent of the provisions of division (C) of this | 9307 |
section, an offender who cannot reasonably pay reinstatement fees | 9308 |
due and owing by the offender relative to a suspension that has | 9309 |
been imposed on the offender may file a petition in the municipal | 9310 |
court, county court, or, if the person is under the age of | 9311 |
eighteen, the juvenile division of the court of common pleas in | 9312 |
whose jurisdiction the person resides or, if the person is not a | 9313 |
resident of this state, in the Franklin county municipal court or | 9314 |
juvenile division of the Franklin county court of common pleas for | 9315 |
an order that does either of the following, in order of | 9316 |
preference: | 9317 |
(1) Establishes a reasonable payment plan of not less than | 9318 |
fifty dollars per month, to be paid by the offender to the | 9319 |
registrar of motor vehicles or an eligible deputy registrar, in | 9320 |
all succeeding months until all reinstatement fees required of the | 9321 |
offender are paid in full. If the person is making payments to a | 9322 |
deputy registrar, the deputy registrar shall collect a service fee | 9323 |
of ten dollars each time the deputy registrar collects a payment | 9324 |
to compensate the deputy registrar for services performed under | 9325 |
this section. The deputy registrar shall retain eight dollars of | 9326 |
the service fee and shall transmit the reinstatement payments, | 9327 |
plus two dollars of each service fee, to the registrar in the | 9328 |
manner the registrar shall determine. | 9329 |
(2) If the offender, but for the payment of the reinstatement | 9330 |
fees, otherwise would be entitled to operate a vehicle in this | 9331 |
state or to obtain reinstatement of the offender's operating | 9332 |
privileges, permits the offender to operate a motor vehicle, as | 9333 |
authorized by the court, until a future date upon which date all | 9334 |
reinstatement fees must be paid in full. A payment extension | 9335 |
granted under this division shall not exceed one hundred eighty | 9336 |
days, and any operating privileges granted under this division | 9337 |
shall be solely for the purpose of permitting the offender | 9338 |
occupational or "family necessity" privileges in order to enable | 9339 |
the offender to reasonably acquire the delinquent reinstatement | 9340 |
fees due and owing. | 9341 |
(E) If a municipal court, county court, or juvenile division | 9342 |
enters an order of the type described in division (C) or division | 9343 |
(D)(1) or (2) of this section, the court, at any time after the | 9344 |
issuance of the order, may determine that a change of | 9345 |
circumstances has occurred and may amend the order as justice | 9346 |
requires, provided that the amended order also shall be an order | 9347 |
that is permitted under division (C) or division (D)(1) or (2) of | 9348 |
this section. | 9349 |
(F) If a court enters an order of the type described in | 9350 |
division (C), (D)(1), (D)(2), or (E) of this section, during the | 9351 |
pendency of the order, the offender in relation to whom it applies | 9352 |
is not subject to prosecution for failing to pay the reinstatement | 9353 |
fees covered by the order. | 9354 |
(G) In addition to divisions (A) to (F) of this section, the | 9355 |
registrar, with the approval of the director of public safety and | 9356 |
in accordance with Chapter 119. of the Revised Code, may adopt | 9357 |
rules that permit a person to pay reinstatement fees in | 9358 |
installments in accordance with this division. The rules may | 9359 |
contain any of the following provisions: | 9360 |
(1) A schedule establishing a minimum monthly payment amount; | 9361 |
(2) If the person otherwise would have valid driving | 9362 |
privileges but for the payment of the reinstatement fees, the | 9363 |
registrar may record the person's driving privileges as "valid" so | 9364 |
long as the person's installments are current. | 9365 |
(3) If the person's installments are not current, the | 9366 |
registrar may record the person's driving privileges as | 9367 |
"suspended" or "failure to reinstate," as appropriate. | 9368 |
(4) Any other provision the registrar reasonably may | 9369 |
prescribe. | 9370 |
(H) Reinstatement fees are debts that may be discharged in | 9371 |
bankruptcy. | 9372 |
Sec. 4510.11. (A) Except as provided in division (B) of this | 9373 |
section and in sections 4510.111 and 4510.16 of the Revised Code, | 9374 |
no person whose driver's or commercial driver's license or permit | 9375 |
or nonresident operating privilege has been suspended under any | 9376 |
provision of the Revised Code, other than Chapter 4509. of the | 9377 |
Revised Code, or under any applicable law in any other | 9378 |
jurisdiction in which the person's license or permit was issued, | 9379 |
shall operate any motor vehicle upon the public roads and highways | 9380 |
or upon any public or private property used by the public for | 9381 |
purposes of vehicular travel or parking within this state during | 9382 |
the period of suspension unless the person is granted limited | 9383 |
driving privileges and is operating the vehicle in accordance with | 9384 |
the terms of the limited driving privileges. | 9385 |
(B) No person shall operate any motor vehicle upon a highway | 9386 |
or any public or private property used by the public for purposes | 9387 |
of vehicular travel or parking in this state in violation of any | 9388 |
restriction of the person's driver's or commercial driver's | 9389 |
license or permit imposed under division (D) of section 4506.10 or | 9390 |
under section 4507.14 of the Revised Code. | 9391 |
(C) Upon the request or motion of the prosecuting authority, | 9392 |
a noncertified copy of the law enforcement automated data system | 9393 |
report or a noncertified copy of a record of the registrar of | 9394 |
motor vehicles that shows the name, date of birth, and social | 9395 |
security number of a person charged with a violation of division | 9396 |
(A) or (B) of this section may be admitted into evidence as | 9397 |
prima-facie evidence that the license of the person was under | 9398 |
suspension at the time of the alleged violation of division (A) of | 9399 |
this section or the person operated a motor vehicle in violation | 9400 |
of a restriction at the time of the alleged violation of division | 9401 |
(B) of this section. The person charged with a violation of | 9402 |
division (A) or (B) of this section may offer evidence to rebut | 9403 |
this prima-facie evidence. | 9404 |
(D)(1) Whoever violates division (A) or (B) of this section | 9405 |
is guilty of a misdemeanor of the first degree. The court may | 9406 |
impose upon the offender a class seven suspension of the | 9407 |
offender's driver's license, commercial driver's license, | 9408 |
temporary instruction permit, probationary license, or nonresident | 9409 |
operating privilege from the range specified in division (A)(7) of | 9410 |
section 4510.02 of the Revised Code. | 9411 |
(2)(a) Except as provided in division (D)(2)(b) or (c) of | 9412 |
this section, the court, in addition to any other penalty that it | 9413 |
imposes on the offender and if the vehicle is registered in the | 9414 |
offender's name and if, within three years of the offense, the | 9415 |
offender previously has been convicted of or pleaded guilty to one | 9416 |
violation of this section or section 4510.111 or 4510.16 of the | 9417 |
Revised Code, or a substantially equivalent municipal ordinance, | 9418 |
the court, in addition to or independent of any other sentence | 9419 |
that it imposes upon the offender, may order the immobilization of | 9420 |
the vehicle involved in the offense for thirty days and the | 9421 |
impoundment of that vehicle's license plates for thirty days in | 9422 |
accordance with section 4503.233 of the Revised Code. | 9423 |
(b) If the vehicle is registered in the offender's name and | 9424 |
if, within three years of the offense, the offender previously has | 9425 |
been convicted of or pleaded guilty to two violations of this | 9426 |
section, or any combination of two violations of this section or | 9427 |
section 4510.111 or 4510.16 of the Revised Code, or of a | 9428 |
substantially similar municipal ordinance, the court, in addition | 9429 |
to any other sentence that it imposes on the offender, may order | 9430 |
the immobilization of the vehicle involved in the offense for | 9431 |
sixty days and the impoundment of that vehicle's license plates | 9432 |
for sixty days in accordance with section 4503.233 of the Revised | 9433 |
Code. | 9434 |
(c) If the vehicle is registered in the offender's name and | 9435 |
if, within three years of the offense, the offender previously has | 9436 |
been convicted of or pleaded guilty to three or more violations of | 9437 |
this section, or any combination of three or more violations of | 9438 |
this section or section 4510.111 or 4510.16 of the Revised Code, | 9439 |
or of a substantially similar municipal ordinance, the court, in | 9440 |
addition to any other sentence that it imposes on the offender, | 9441 |
may order the criminal forfeiture of the vehicle involved in the | 9442 |
offense to the state. | 9443 |
(E) Any order for immobilization and impoundment under this | 9444 |
section shall be issued and enforced under sections 4503.233 and | 9445 |
4507.02 of the Revised Code, as applicable. The court shall not | 9446 |
release a vehicle from immobilization ordered under this section | 9447 |
unless the court is presented with current proof of financial | 9448 |
responsibility with respect to that vehicle. | 9449 |
(F) Any order of criminal forfeiture under this section shall | 9450 |
be issued and enforced under section 4503.234 of the Revised Code. | 9451 |
Upon receipt of the copy of the order from the court, neither the | 9452 |
registrar of motor vehicles nor a deputy registrar shall accept | 9453 |
any application for the registration or transfer of registration | 9454 |
of any motor vehicle owned or leased by the person named in the | 9455 |
declaration of forfeiture. The period of registration denial shall | 9456 |
be five years after the date of the order, unless, during that | 9457 |
period, the court having jurisdiction of the offense that led to | 9458 |
the order terminates the forfeiture and notifies the registrar of | 9459 |
the termination. The registrar then shall take necessary measures | 9460 |
to permit the person to register a vehicle owned or leased by the | 9461 |
person or to transfer registration of the vehicle. | 9462 |
(G) The offender shall provide the court with proof of | 9463 |
financial responsibility as defined in section 4509.01 of the | 9464 |
Revised Code. If the offender fails to provide that proof of | 9465 |
financial responsibility, then, in addition to any other penalties | 9466 |
provided by law, the court may order restitution pursuant to | 9467 |
section 2929.28 of the Revised Code in an amount not exceeding | 9468 |
five thousand dollars for any economic loss arising from an | 9469 |
accident or collision that was the direct and proximate result of | 9470 |
the offender's operation of the vehicle before, during, or after | 9471 |
committing the offense for which the offender is sentenced under | 9472 |
this section. | 9473 |
Sec. 4510.111. (A) No person shall operate any motor vehicle | 9474 |
upon a highway or any public or private property used by the | 9475 |
public for purposes of vehicular travel or parking in this state | 9476 |
whose driver's or commercial driver's license has been suspended | 9477 |
pursuant to section 2151.354, 2151.87, 2935.27, 3123.58, 4301.99, | 9478 |
4510.032, 4510.22, or 4510.33 of the Revised Code | 9479 |
9480 |
(B) | 9481 |
9482 | |
9483 | |
9484 | |
9485 | |
9486 |
| 9487 |
a noncertified copy of the law enforcement automated data system | 9488 |
report or a noncertified copy of a record of the registrar of | 9489 |
motor vehicles that shows the name, date of birth, and social | 9490 |
security number of a person charged with a violation of division | 9491 |
(A) | 9492 |
prima-facie evidence that the license of the person was under | 9493 |
suspension at the time of the alleged violation of division (A) | 9494 |
9495 | |
division (A) | 9496 |
this prima-facie evidence. | 9497 |
| 9498 |
is guilty of driving under suspension, and shall be punished as | 9499 |
provided in division (D) of this section. | 9500 |
(1) Except as otherwise provided in division (D)(2) of this | 9501 |
section, the offense is an unclassified misdemeanor. The offender | 9502 |
shall be sentenced pursuant to sections 2929.21 to 2929.28 of the | 9503 |
Revised Code, except that the offender shall not be sentenced to a | 9504 |
jail term; the offender shall not be sentenced to a community | 9505 |
residential sanction pursuant to section 2929.26 of the Revised | 9506 |
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the | 9507 |
Revised Code, the offender may be fined up to one thousand | 9508 |
dollars; and, notwithstanding division (A)(3) of section 2929.27 | 9509 |
of the Revised Code, the offender may be ordered pursuant to | 9510 |
division (C) of that section to serve a term of community service | 9511 |
of up to five hundred hours. The failure of an offender to | 9512 |
complete a term of community service imposed by the court may be | 9513 |
punished as indirect criminal contempt under division (A) of | 9514 |
section 2705.02 of the Revised Code that may be filed in the | 9515 |
underlying case. | 9516 |
(2) If, within three years of the offense, the offender | 9517 |
previously was convicted of or pleaded guilty to two or more | 9518 |
violations of division (A) | 9519 |
combination of two or more violations of division (A) | 9520 |
this section or section 4510.11 or 4510.16 of the Revised Code, or | 9521 |
a substantially equivalent municipal ordinance, the offense is a | 9522 |
misdemeanor of the | 9523 |
9524 | |
9525 | |
9526 | |
9527 | |
9528 | |
9529 | |
9530 | |
9531 | |
9532 | |
9533 |
| 9534 |
9535 | |
9536 | |
9537 | |
9538 |
| 9539 |
9540 | |
9541 | |
9542 | |
9543 | |
9544 | |
9545 | |
9546 | |
9547 | |
9548 | |
9549 |
| 9550 |
9551 | |
9552 | |
9553 | |
9554 | |
9555 | |
9556 | |
9557 | |
9558 | |
9559 | |
9560 | |
9561 |
| 9562 |
9563 | |
9564 | |
9565 | |
9566 | |
9567 | |
9568 | |
9569 | |
9570 |
| 9571 |
9572 | |
9573 | |
9574 | |
9575 | |
9576 |
| 9577 |
9578 | |
9579 | |
9580 | |
9581 | |
9582 | |
9583 | |
9584 | |
9585 | |
9586 | |
9587 | |
9588 | |
9589 |
Sec. 4510.16. (A) No person, whose driver's or commercial | 9590 |
driver's license or temporary instruction permit or nonresident's | 9591 |
operating privilege has been suspended or canceled pursuant to | 9592 |
Chapter 4509. of the Revised Code, shall operate any motor vehicle | 9593 |
within this state, or knowingly permit any motor vehicle owned by | 9594 |
the person to be operated by another person in the state, during | 9595 |
the period of the suspension or cancellation, except as | 9596 |
specifically authorized by Chapter 4509. of the Revised Code. No | 9597 |
person shall operate a motor vehicle within this state, or | 9598 |
knowingly permit any motor vehicle owned by the person to be | 9599 |
operated by another person in the state, during the period in | 9600 |
which the person is required by section 4509.45 of the Revised | 9601 |
Code to file and maintain proof of financial responsibility for a | 9602 |
violation of section 4509.101 of the Revised Code, unless proof of | 9603 |
financial responsibility is maintained with respect to that | 9604 |
vehicle. | 9605 |
(B) No person shall operate any motor vehicle upon a highway | 9606 |
or any public or private property used by the public for purposes | 9607 |
of vehicular travel or parking in this state if the person's | 9608 |
driver's or commercial driver's license or temporary instruction | 9609 |
permit or nonresident operating privilege has been suspended | 9610 |
pursuant to section 4509.37 or 4509.40 of the Revised Code for | 9611 |
nonpayment of a judgment. | 9612 |
(C) Upon the request or motion of the prosecuting authority, | 9613 |
a noncertified copy of the law enforcement automated data system | 9614 |
report or a noncertified copy of a record of the registrar of | 9615 |
motor vehicles that shows the name, date of birth, and social | 9616 |
security number of a person charged with a violation of division | 9617 |
(A) or (B) of this section may be admitted into evidence as | 9618 |
prima-facie evidence that the license of the person was under | 9619 |
either a financial responsibility law suspension at the time of | 9620 |
the alleged violation of division (A) of this section or a | 9621 |
nonpayment of judgment suspension at the time of the alleged | 9622 |
violation of division (B) of this section. The person charged with | 9623 |
a violation of division (A) or (B) of this section may offer | 9624 |
evidence to rebut this prima-facie evidence. | 9625 |
(D) Whoever violates division (A) of this section is guilty | 9626 |
of driving under financial responsibility law suspension or | 9627 |
cancellation and shall be punished as provided in divisions (D) to | 9628 |
(I) of this section. Whoever violates division (B) of this section | 9629 |
is guilty of driving under a nonpayment of judgment suspension and | 9630 |
shall be punished as provided in divisions (D) to (I) of this | 9631 |
section. | 9632 |
(1) Except as otherwise provided in division (D)(2) of this | 9633 |
section, the offense is an unclassified misdemeanor. When the | 9634 |
offense is an unclassified misdemeanor, the offender shall be | 9635 |
sentenced pursuant to sections 2929.21 to 2929.28 of the Revised | 9636 |
Code, except that the offender shall not be sentenced to a jail | 9637 |
term; the offender shall not be sentenced to a community | 9638 |
residential sanction pursuant to section 2929.26 of the Revised | 9639 |
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the | 9640 |
Revised Code, the offender may be fined up to one thousand | 9641 |
dollars; and, notwithstanding division (A)(3) of section 2929.27 | 9642 |
of the Revised Code, the offender may be ordered pursuant to | 9643 |
division (C) of that section to serve a term of community service | 9644 |
of up to five hundred hours. The failure of an offender to | 9645 |
complete a term of community service imposed by the court may be | 9646 |
punished as indirect criminal contempt under division (A) of | 9647 |
section 2705.02 of the Revised Code that may be filed in the | 9648 |
underlying case. | 9649 |
(2) If, within three years of the offense, the offender | 9650 |
previously was convicted of or pleaded guilty to two or more | 9651 |
violations of this section, or any combination of two violations | 9652 |
of this section or section 4510.11 or 4510.111 of the Revised | 9653 |
Code, or a substantially equivalent municipal ordinance, the | 9654 |
offense is a misdemeanor of the | 9655 |
| 9656 |
9657 | |
9658 | |
9659 | |
9660 | |
9661 | |
9662 | |
9663 | |
9664 | |
9665 | |
9666 |
| 9667 |
9668 | |
9669 | |
9670 |
| 9671 |
9672 | |
9673 | |
9674 | |
9675 | |
9676 | |
9677 | |
9678 | |
9679 | |
9680 | |
9681 |
| 9682 |
9683 | |
9684 | |
9685 | |
9686 | |
9687 | |
9688 | |
9689 | |
9690 | |
9691 | |
9692 | |
9693 |
| 9694 |
9695 | |
9696 | |
9697 | |
9698 | |
9699 | |
9700 | |
9701 | |
9702 | |
9703 | |
9704 | |
9705 | |
9706 | |
9707 | |
9708 | |
9709 | |
9710 | |
9711 |
| 9712 |
9713 | |
9714 | |
9715 | |
9716 | |
9717 |
| 9718 |
9719 | |
9720 | |
9721 | |
9722 | |
9723 | |
9724 | |
9725 | |
9726 | |
9727 | |
9728 | |
9729 | |
9730 |
Sec. 4510.161. (A) The requirements and sanctions imposed by | 9731 |
divisions (B) and (C) of this section are an adjunct to and derive | 9732 |
from the state's exclusive authority over the registration and | 9733 |
titling of motor vehicles and do not comprise a part of the | 9734 |
criminal sentence to be imposed upon a person who violates a | 9735 |
municipal ordinance that is substantially equivalent to section | 9736 |
4510.14 | 9737 |
(B) | 9738 |
9739 | |
9740 | |
9741 | |
9742 | |
9743 | |
9744 | |
9745 |
| 9746 |
9747 | |
9748 | |
9749 | |
9750 | |
9751 | |
9752 | |
9753 | |
9754 | |
9755 | |
9756 |
| 9757 |
9758 | |
9759 | |
9760 | |
9761 | |
9762 | |
9763 | |
9764 | |
9765 | |
9766 | |
9767 |
| 9768 |
9769 | |
9770 | |
9771 | |
9772 | |
9773 | |
9774 | |
9775 | |
9776 | |
9777 | |
9778 | |
9779 | |
9780 | |
9781 | |
9782 | |
9783 | |
9784 |
| 9785 |
violation of a municipal ordinance that is substantially | 9786 |
equivalent to section 4510.14 of the Revised Code, the court, in | 9787 |
addition to and independent of any sentence that it imposes upon | 9788 |
the offender for the offense, if the vehicle the offender was | 9789 |
operating at the time of the offense is registered in the | 9790 |
offender's name, shall do whichever of the following is | 9791 |
applicable: | 9792 |
(1) If, within six years of the current offense, the offender | 9793 |
has not been convicted of or pleaded guilty to a violation of | 9794 |
section 4510.14 or former division (D)(2) of section 4507.02 of | 9795 |
the Revised Code or a municipal ordinance that is substantially | 9796 |
equivalent to that section or former division, the court shall | 9797 |
order the immobilization for thirty days of the vehicle involved | 9798 |
in the offense and the impoundment for thirty days of the license | 9799 |
plates of that vehicle in accordance with section 4503.233 of the | 9800 |
Revised Code. | 9801 |
(2) If, within six years of the current offense, the offender | 9802 |
has been convicted of or pleaded guilty to one violation of | 9803 |
section 4510.14 or former division (D)(2) of section 4507.02 of | 9804 |
the Revised Code or a municipal ordinance that is substantially | 9805 |
equivalent to that section or former division, the court shall | 9806 |
order the immobilization for sixty days of the vehicle involved in | 9807 |
the offense and the impoundment for sixty days of the license | 9808 |
plates of that vehicle in accordance with section 4503.233 of the | 9809 |
Revised Code. | 9810 |
(3) If, within six years of the current offense, the offender | 9811 |
has been convicted of or pleaded guilty to two or more violations | 9812 |
of section 4510.14 or former division (D)(2) of section 4507.02 of | 9813 |
the Revised Code or a municipal ordinance that is substantially | 9814 |
equivalent to that section or former division, the court shall | 9815 |
order the criminal forfeiture to the state of the vehicle the | 9816 |
offender was operating at the time of the offense. | 9817 |
| 9818 |
vehicle under this section shall be issued and enforced in | 9819 |
accordance with sections 4503.233 and 4507.02 of the Revised Code, | 9820 |
as applicable. The court shall not release a vehicle from | 9821 |
immobilization ordered under this section unless the court is | 9822 |
presented with current proof of financial responsibility with | 9823 |
respect to that vehicle. | 9824 |
| 9825 |
this section shall be issued and enforced under section 4503.234 | 9826 |
of the Revised Code. Upon receipt of a copy of the order from the | 9827 |
court, neither the registrar of motor vehicles nor a deputy | 9828 |
registrar shall accept any application for the registration or | 9829 |
transfer of registration of any motor vehicle owned or leased by | 9830 |
the person named in the declaration of forfeiture. The period of | 9831 |
registration denial shall be five years after the date of the | 9832 |
order unless, during that period, the court having jurisdiction of | 9833 |
the offense that led to the order terminates the forfeiture and | 9834 |
notifies the registrar of the termination. The registrar then | 9835 |
shall take the necessary measures to permit the person to register | 9836 |
a vehicle owned or leased by the person or to transfer | 9837 |
registration of the vehicle. | 9838 |
Sec. 4510.17. (A) The registrar of motor vehicles shall | 9839 |
impose a class D suspension of the person's driver's license, | 9840 |
commercial driver's license, temporary instruction permit, | 9841 |
probationary license, or nonresident operating privilege for the | 9842 |
period of time specified in division (B)(4) of section 4510.02 of | 9843 |
the Revised Code on any person who is a resident of this state and | 9844 |
is convicted of or pleads guilty to a violation of a statute of | 9845 |
any other state or any federal statute that is substantially | 9846 |
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, | 9847 |
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.141, 2925.22, | 9848 |
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised | 9849 |
Code. Upon receipt of a report from a court, court clerk, or other | 9850 |
official of any other state or from any federal authority that a | 9851 |
resident of this state was convicted of or pleaded guilty to an | 9852 |
offense described in this division, the registrar shall send a | 9853 |
notice by regular first class mail to the person, at the person's | 9854 |
last known address as shown in the records of the bureau of motor | 9855 |
vehicles, informing the person of the suspension, that the | 9856 |
suspension will take effect twenty-one days from the date of the | 9857 |
notice, and that, if the person wishes to appeal the suspension or | 9858 |
denial, the person must file a notice of appeal within twenty-one | 9859 |
days of the date of the notice requesting a hearing on the matter. | 9860 |
If the person requests a hearing, the registrar shall hold the | 9861 |
hearing not more than forty days after receipt by the registrar of | 9862 |
the notice of appeal. The filing of a notice of appeal does not | 9863 |
stay the operation of the suspension that must be imposed pursuant | 9864 |
to this division. The scope of the hearing shall be limited to | 9865 |
whether the person actually was convicted of or pleaded guilty to | 9866 |
the offense for which the suspension is to be imposed. | 9867 |
The suspension the registrar is required to impose under this | 9868 |
division shall end either on the last day of the class D | 9869 |
suspension period or of the suspension of the person's nonresident | 9870 |
operating privilege imposed by the state or federal court, | 9871 |
whichever is earlier. | 9872 |
The registrar shall subscribe to or otherwise participate in | 9873 |
any information system or register, or enter into reciprocal and | 9874 |
mutual agreements with other states and federal authorities, in | 9875 |
order to facilitate the exchange of information with other states | 9876 |
and the United States government regarding persons who plead | 9877 |
guilty to or are convicted of offenses described in this division | 9878 |
and therefore are subject to the suspension or denial described in | 9879 |
this division. | 9880 |
(B) The registrar shall impose a class D suspension of the | 9881 |
person's driver's license, commercial driver's license, temporary | 9882 |
instruction permit, probationary license, or nonresident operating | 9883 |
privilege for the period of time specified in division (B)(4) of | 9884 |
section 4510.02 of the Revised Code on any person who is a | 9885 |
resident of this state and is convicted of or pleads guilty to a | 9886 |
violation of a statute of any other state or a municipal ordinance | 9887 |
of a municipal corporation located in any other state that is | 9888 |
substantially similar to section 4511.19 of the Revised Code. Upon | 9889 |
receipt of a report from another state made pursuant to section | 9890 |
4510.61 of the Revised Code indicating that a resident of this | 9891 |
state was convicted of or pleaded guilty to an offense described | 9892 |
in this division, the registrar shall send a notice by regular | 9893 |
first class mail to the person, at the person's last known address | 9894 |
as shown in the records of the bureau of motor vehicles, informing | 9895 |
the person of the suspension, that the suspension or denial will | 9896 |
take effect twenty-one days from the date of the notice, and that, | 9897 |
if the person wishes to appeal the suspension, the person must | 9898 |
file a notice of appeal within twenty-one days of the date of the | 9899 |
notice requesting a hearing on the matter. If the person requests | 9900 |
a hearing, the registrar shall hold the hearing not more than | 9901 |
forty days after receipt by the registrar of the notice of appeal. | 9902 |
The filing of a notice of appeal does not stay the operation of | 9903 |
the suspension that must be imposed pursuant to this division. The | 9904 |
scope of the hearing shall be limited to whether the person | 9905 |
actually was convicted of or pleaded guilty to the offense for | 9906 |
which the suspension is to be imposed. | 9907 |
The suspension the registrar is required to impose under this | 9908 |
division shall end either on the last day of the class D | 9909 |
suspension period or of the suspension of the person's nonresident | 9910 |
operating privilege imposed by the state or federal court, | 9911 |
whichever is earlier. | 9912 |
(C) The registrar shall impose a class D suspension of the | 9913 |
child's driver's license, commercial driver's license, temporary | 9914 |
instruction permit, or nonresident operating privilege for the | 9915 |
period of time specified in division (B)(4) of section 4510.02 of | 9916 |
the Revised Code on any child who is a resident of this state and | 9917 |
is convicted of or pleads guilty to a violation of a statute of | 9918 |
any other state or any federal statute that is substantially | 9919 |
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, | 9920 |
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.141, 2925.22, | 9921 |
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised | 9922 |
Code. Upon receipt of a report from a court, court clerk, or other | 9923 |
official of any other state or from any federal authority that a | 9924 |
child who is a resident of this state was convicted of or pleaded | 9925 |
guilty to an offense described in this division, the registrar | 9926 |
shall send a notice by regular first class mail to the child, at | 9927 |
the child's last known address as shown in the records of the | 9928 |
bureau of motor vehicles, informing the child of the suspension, | 9929 |
that the suspension or denial will take effect twenty-one days | 9930 |
from the date of the notice, and that, if the child wishes to | 9931 |
appeal the suspension, the child must file a notice of appeal | 9932 |
within twenty-one days of the date of the notice requesting a | 9933 |
hearing on the matter. If the child requests a hearing, the | 9934 |
registrar shall hold the hearing not more than forty days after | 9935 |
receipt by the registrar of the notice of appeal. The filing of a | 9936 |
notice of appeal does not stay the operation of the suspension | 9937 |
that must be imposed pursuant to this division. The scope of the | 9938 |
hearing shall be limited to whether the child actually was | 9939 |
convicted of or pleaded guilty to the offense for which the | 9940 |
suspension is to be imposed. | 9941 |
The suspension the registrar is required to impose under this | 9942 |
division shall end either on the last day of the class D | 9943 |
suspension period or of the suspension of the child's nonresident | 9944 |
operating privilege imposed by the state or federal court, | 9945 |
whichever is earlier. If the child is a resident of this state who | 9946 |
is sixteen years of age or older and does not have a current, | 9947 |
valid Ohio driver's or commercial driver's license or permit, the | 9948 |
notice shall inform the child that the child will be denied | 9949 |
issuance of a driver's or commercial driver's license or permit | 9950 |
for six months beginning on the date of the notice. If the child | 9951 |
has not attained the age of sixteen years on the date of the | 9952 |
notice, the notice shall inform the child that the period of | 9953 |
denial of six months shall commence on the date the child attains | 9954 |
the age of sixteen years. | 9955 |
The registrar shall subscribe to or otherwise participate in | 9956 |
any information system or register, or enter into reciprocal and | 9957 |
mutual agreements with other states and federal authorities, in | 9958 |
order to facilitate the exchange of information with other states | 9959 |
and the United States government regarding children who are | 9960 |
residents of this state and plead guilty to or are convicted of | 9961 |
offenses described in this division and therefore are subject to | 9962 |
the suspension or denial described in this division. | 9963 |
(D) The registrar shall impose a class D suspension of the | 9964 |
child's driver's license, commercial driver's license, temporary | 9965 |
instruction permit, probationary license, or nonresident operating | 9966 |
privilege for the period of time specified in division (B)(4) of | 9967 |
section 4510.02 of the Revised Code on any child who is a resident | 9968 |
of this state and is convicted of or pleads guilty to a violation | 9969 |
of a statute of any other state or a municipal ordinance of a | 9970 |
municipal corporation located in any other state that is | 9971 |
substantially similar to section 4511.19 of the Revised Code. Upon | 9972 |
receipt of a report from another state made pursuant to section | 9973 |
4510.61 of the Revised Code indicating that a child who is a | 9974 |
resident of this state was convicted of or pleaded guilty to an | 9975 |
offense described in this division, the registrar shall send a | 9976 |
notice by regular first class mail to the child, at the child's | 9977 |
last known address as shown in the records of the bureau of motor | 9978 |
vehicles, informing the child of the suspension, that the | 9979 |
suspension will take effect twenty-one days from the date of the | 9980 |
notice, and that, if the child wishes to appeal the suspension, | 9981 |
the child must file a notice of appeal within twenty-one days of | 9982 |
the date of the notice requesting a hearing on the matter. If the | 9983 |
child requests a hearing, the registrar shall hold the hearing not | 9984 |
more than forty days after receipt by the registrar of the notice | 9985 |
of appeal. The filing of a notice of appeal does not stay the | 9986 |
operation of the suspension that must be imposed pursuant to this | 9987 |
division. The scope of the hearing shall be limited to whether the | 9988 |
child actually was convicted of or pleaded guilty to the offense | 9989 |
for which the suspension is to be imposed. | 9990 |
The suspension the registrar is required to impose under this | 9991 |
division shall end either on the last day of the class D | 9992 |
suspension period or of the suspension of the child's nonresident | 9993 |
operating privilege imposed by the state or federal court, | 9994 |
whichever is earlier. If the child is a resident of this state who | 9995 |
is sixteen years of age or older and does not have a current, | 9996 |
valid Ohio driver's or commercial driver's license or permit, the | 9997 |
notice shall inform the child that the child will be denied | 9998 |
issuance of a driver's or commercial driver's license or permit | 9999 |
for six months beginning on the date of the notice. If the child | 10000 |
has not attained the age of sixteen years on the date of the | 10001 |
notice, the notice shall inform the child that the period of | 10002 |
denial of six months shall commence on the date the child attains | 10003 |
the age of sixteen years. | 10004 |
(E) Any person whose license or permit has been suspended | 10005 |
pursuant to this section may file a petition in the municipal or | 10006 |
county court, or in case the person is under eighteen years of | 10007 |
age, the juvenile court, in whose jurisdiction the person resides, | 10008 |
agreeing to pay the cost of the proceedings and alleging that the | 10009 |
suspension would seriously affect the person's ability to continue | 10010 |
the person's employment. Upon satisfactory proof that there is | 10011 |
reasonable cause to believe that the suspension would seriously | 10012 |
affect the person's ability to continue the person's employment, | 10013 |
the judge may grant the person limited driving privileges during | 10014 |
the period during which the suspension otherwise would be imposed, | 10015 |
except that the judge shall not grant limited driving privileges | 10016 |
for employment as a driver of a commercial motor vehicle to any | 10017 |
person who would be disqualified from operating a commercial motor | 10018 |
vehicle under section 4506.16 of the Revised Code if the violation | 10019 |
had occurred in this state, or during any of the following periods | 10020 |
of time: | 10021 |
(1) The first fifteen days of a suspension under division (B) | 10022 |
or (D) of this section, if the person has not been convicted | 10023 |
within six years of the date of the offense giving rise to the | 10024 |
suspension under this section of a violation of any of the | 10025 |
following: | 10026 |
(a) Section 4511.19 of the Revised Code, or a municipal | 10027 |
ordinance relating to operating a vehicle while under the | 10028 |
influence of alcohol, a drug of abuse, or alcohol and a drug of | 10029 |
abuse; | 10030 |
(b) A municipal ordinance relating to operating a motor | 10031 |
vehicle with a prohibited concentration of alcohol, a controlled | 10032 |
substance, or a metabolite of a controlled substance in the whole | 10033 |
blood, blood serum or plasma, breath, or urine; | 10034 |
(c) Section 2903.04 of the Revised Code in a case in which | 10035 |
the person was subject to the sanctions described in division (D) | 10036 |
of that section; | 10037 |
(d) Division (A)(1) of section 2903.06 or division (A)(1) of | 10038 |
section 2903.08 of the Revised Code or a municipal ordinance that | 10039 |
is substantially similar to either of those divisions; | 10040 |
(e) Division (A)(2), (3), or (4) of section 2903.06, division | 10041 |
(A)(2) of section 2903.08, or as it existed prior to March 23, | 10042 |
2000, section 2903.07 of the Revised Code, or a municipal | 10043 |
ordinance that is substantially similar to any of those divisions | 10044 |
or that former section, in a case in which the jury or judge found | 10045 |
that the person was under the influence of alcohol, a drug of | 10046 |
abuse, or alcohol and a drug of abuse. | 10047 |
(2) The first thirty days of a suspension under division (B) | 10048 |
or (D) of this section, if the person has been convicted one time | 10049 |
within six years of the date of the offense giving rise to the | 10050 |
suspension under this section of any violation identified in | 10051 |
division (E)(1) of this section. | 10052 |
(3) The first one hundred eighty days of a suspension under | 10053 |
division (B) or (D) of this section, if the person has been | 10054 |
convicted two times within six years of the date of the offense | 10055 |
giving rise to the suspension under this section of any violation | 10056 |
identified in division (E)(1) of this section. | 10057 |
(4) No limited driving privileges may be granted if the | 10058 |
person has been convicted three or more times within five years of | 10059 |
the date of the offense giving rise to a suspension under division | 10060 |
(B) or (D) of this section of any violation identified in division | 10061 |
(E)(1) of this section. | 10062 |
If a person petitions for limited driving privileges under | 10063 |
division (E) of this section, the registrar shall be represented | 10064 |
by the county prosecutor of the county in which the person resides | 10065 |
if the petition is filed in a juvenile court or county court, | 10066 |
except that if the person resides within a city or village that is | 10067 |
located within the jurisdiction of the county in which the | 10068 |
petition is filed, the city director of law or village solicitor | 10069 |
of that city or village shall represent the registrar. If the | 10070 |
petition is filed in a municipal court, the registrar shall be | 10071 |
represented as provided in section 1901.34 of the Revised Code. | 10072 |
In granting limited driving privileges under division (E) of | 10073 |
this section, the court may impose any condition it considers | 10074 |
reasonable and necessary to limit the use of a vehicle by the | 10075 |
person. The court shall deliver to the person a permit card, in a | 10076 |
form to be prescribed by the court, setting forth the time, place, | 10077 |
and other conditions limiting the person's use of a motor vehicle. | 10078 |
The grant of limited driving privileges shall be conditioned upon | 10079 |
the person's having the permit in the person's possession at all | 10080 |
times during which the person is operating a vehicle. | 10081 |
A person granted limited driving privileges who operates a | 10082 |
vehicle for other than limited purposes, in violation of any | 10083 |
condition imposed by the court or without having the permit in the | 10084 |
person's possession, is guilty of a violation of section 4510.11 | 10085 |
of the Revised Code. | 10086 |
(F) As used in divisions (C) and (D) of this section: | 10087 |
(1) "Child" means a person who is under the age of eighteen | 10088 |
years, except that any person who violates a statute or ordinance | 10089 |
described in division (C) or (D) of this section prior to | 10090 |
attaining eighteen years of age shall be deemed a "child" | 10091 |
irrespective of the person's age at the time the complaint or | 10092 |
other equivalent document is filed in the other state or a | 10093 |
hearing, trial, or other proceeding is held in the other state on | 10094 |
the complaint or other equivalent document, and irrespective of | 10095 |
the person's age when the period of license suspension or denial | 10096 |
prescribed in division (C) or (D) of this section is imposed. | 10097 |
(2) "Is convicted of or pleads guilty to" means, as it | 10098 |
relates to a child who is a resident of this state, that in a | 10099 |
proceeding conducted in a state or federal court located in | 10100 |
another state for a violation of a statute or ordinance described | 10101 |
in division (C) or (D) of this section, the result of the | 10102 |
proceeding is any of the following: | 10103 |
(a) Under the laws that govern the proceedings of the court, | 10104 |
the child is adjudicated to be or admits to being a delinquent | 10105 |
child or a juvenile traffic offender for a violation described in | 10106 |
division (C) or (D) of this section that would be a crime if | 10107 |
committed by an adult; | 10108 |
(b) Under the laws that govern the proceedings of the court, | 10109 |
the child is convicted of or pleads guilty to a violation | 10110 |
described in division (C) or (D) of this section; | 10111 |
(c) Under the laws that govern the proceedings of the court, | 10112 |
irrespective of the terminology utilized in those laws, the result | 10113 |
of the court's proceedings is the functional equivalent of | 10114 |
division (F)(2)(a) or (b) of this section. | 10115 |
Sec. 4510.41. (A) As used in this section: | 10116 |
(1) "Arrested person" means a person who is arrested for a | 10117 |
violation of section 4510.14 | 10118 |
Code, or a municipal ordinance that is substantially equivalent to | 10119 |
10120 | |
vehicle being seized under division (B) of this section. | 10121 |
(2) "Vehicle owner" means either of the following: | 10122 |
(a) The person in whose name is registered, at the time of | 10123 |
the seizure, a vehicle that is seized under division (B) of this | 10124 |
section; | 10125 |
(b) A person to whom the certificate of title to a vehicle | 10126 |
that is seized under division (B) of this section has been | 10127 |
assigned and who has not obtained a certificate of title to the | 10128 |
vehicle in that person's name, but who is deemed by the court as | 10129 |
being the owner of the vehicle at the time the vehicle was seized | 10130 |
under division (B) of this section. | 10131 |
(3) "Interested party" includes the owner of a vehicle seized | 10132 |
under this section, all lienholders, the arrested person, the | 10133 |
owner of the place of storage at which a vehicle seized under this | 10134 |
section is stored, and the person or entity that caused the | 10135 |
vehicle to be removed. | 10136 |
(B)(1) If a person is arrested for a violation of section | 10137 |
4510.14 or 4511.203 of the Revised Code or a municipal ordinance | 10138 |
that is substantially equivalent to either of those sections | 10139 |
10140 | |
10141 | |
10142 | |
10143 | |
10144 | |
enforcement agency that employs the arresting officer, in addition | 10145 |
to any action that the arresting officer is required or authorized | 10146 |
to take by any other provision of law, shall seize the vehicle | 10147 |
that the person was operating at the time of, or that was involved | 10148 |
in, the alleged offense if the vehicle is registered in the | 10149 |
arrested person's name and its license plates. A law enforcement | 10150 |
agency that employs a law enforcement officer who makes an arrest | 10151 |
of a type that is described in this division and that involves a | 10152 |
rented or leased vehicle that is being rented or leased for a | 10153 |
period of thirty days or less shall notify, within twenty-four | 10154 |
hours after the officer makes the arrest, the lessor or owner of | 10155 |
the vehicle regarding the circumstances of the arrest and the | 10156 |
location at which the vehicle may be picked up. At the time of the | 10157 |
seizure of the vehicle, the law enforcement officer who made the | 10158 |
arrest shall give the arrested person written notice that the | 10159 |
vehicle and its license plates have been seized; that the vehicle | 10160 |
either will be kept by the officer's law enforcement agency or | 10161 |
will be immobilized at least until the person's initial appearance | 10162 |
on the charge of the offense for which the arrest was made; that, | 10163 |
at the initial appearance, the court in certain circumstances may | 10164 |
order that the vehicle and license plates be released to the | 10165 |
arrested person until the disposition of that charge; that, if the | 10166 |
arrested person is convicted of that charge, the court generally | 10167 |
must order the immobilization of the vehicle and the impoundment | 10168 |
of its license plates or the forfeiture of the vehicle; and that | 10169 |
the arrested person may be charged expenses or charges incurred | 10170 |
under this section and section 4503.233 of the Revised Code for | 10171 |
the removal and storage of the vehicle. | 10172 |
(2) The arresting officer or a law enforcement officer of the | 10173 |
agency that employs the arresting officer shall give written | 10174 |
notice of the seizure under division (B)(1) of this section to the | 10175 |
court that will conduct the initial appearance of the arrested | 10176 |
person on the charges arising out of the arrest. Upon receipt of | 10177 |
the notice, the court promptly shall determine whether the | 10178 |
arrested person is the vehicle owner. If the court determines that | 10179 |
the arrested person is not the vehicle owner, it promptly shall | 10180 |
send by regular mail written notice of the seizure to the | 10181 |
vehicle's registered owner. The written notice shall contain all | 10182 |
of the information required by division (B)(1) of this section to | 10183 |
be in a notice to be given to the arrested person and also shall | 10184 |
specify the date, time, and place of the arrested person's initial | 10185 |
appearance. The notice also shall inform the vehicle owner that if | 10186 |
title to a motor vehicle that is subject to an order for criminal | 10187 |
forfeiture under this section is assigned or transferred and | 10188 |
division (B)(2) or (3) of section 4503.234 of the Revised Code | 10189 |
applies, the court may fine the arrested person the value of the | 10190 |
vehicle. The notice also shall state that if the vehicle is | 10191 |
immobilized under division (A) of section 4503.233 of the Revised | 10192 |
Code, seven days after the end of the period of immobilization a | 10193 |
law enforcement agency will send the vehicle owner a notice, | 10194 |
informing the owner that if the release of the vehicle is not | 10195 |
obtained in accordance with division (D)(3) of section 4503.233 of | 10196 |
the Revised Code, the vehicle shall be forfeited. The notice also | 10197 |
shall inform the vehicle owner that the owner may be charged | 10198 |
expenses or charges incurred under this section and section | 10199 |
4503.233 of the Revised Code for the removal and storage of the | 10200 |
vehicle. | 10201 |
The written notice that is given to the arrested person also | 10202 |
shall state that if the person is convicted of or pleads guilty to | 10203 |
the offense and the court issues an immobilization and impoundment | 10204 |
order relative to that vehicle, division (D)(4) of section | 10205 |
4503.233 of the Revised Code prohibits the vehicle from being sold | 10206 |
during the period of immobilization without the prior approval of | 10207 |
the court. | 10208 |
(3) At or before the initial appearance, the vehicle owner | 10209 |
may file a motion requesting the court to order that the vehicle | 10210 |
and its license plates be released to the vehicle owner. Except as | 10211 |
provided in this division and subject to the payment of expenses | 10212 |
or charges incurred in the removal and storage of the vehicle, the | 10213 |
court, in its discretion, then may issue an order releasing the | 10214 |
vehicle and its license plates to the vehicle owner. Such an order | 10215 |
may be conditioned upon such terms as the court determines | 10216 |
appropriate, including the posting of a bond in an amount | 10217 |
determined by the court. If the arrested person is not the vehicle | 10218 |
owner and if the vehicle owner is not present at the arrested | 10219 |
person's initial appearance, and if the court believes that the | 10220 |
vehicle owner was not provided with adequate notice of the initial | 10221 |
appearance, the court, in its discretion, may allow the vehicle | 10222 |
owner to file a motion within seven days of the initial | 10223 |
appearance. If the court allows the vehicle owner to file such a | 10224 |
motion after the initial appearance, the extension of time granted | 10225 |
by the court does not extend the time within which the initial | 10226 |
appearance is to be conducted. If the court issues an order for | 10227 |
the release of the vehicle and its license plates, a copy of the | 10228 |
order shall be made available to the vehicle owner. If the vehicle | 10229 |
owner presents a copy of the order to the law enforcement agency | 10230 |
that employs the law enforcement officer who arrested the arrested | 10231 |
person, the law enforcement agency promptly shall release the | 10232 |
vehicle and its license plates to the vehicle owner upon payment | 10233 |
by the vehicle owner of any expenses or charges incurred in the | 10234 |
removal or storage of the vehicle. | 10235 |
(4) A vehicle seized under division (B)(1) of this section | 10236 |
either shall be towed to a place specified by the law enforcement | 10237 |
agency that employs the arresting officer to be safely kept by the | 10238 |
agency at that place for the time and in the manner specified in | 10239 |
this section or shall be otherwise immobilized for the time and in | 10240 |
the manner specified in this section. A law enforcement officer of | 10241 |
that agency shall remove the identification license plates of the | 10242 |
vehicle, and they shall be safely kept by the agency for the time | 10243 |
and in the manner specified in this section. No vehicle that is | 10244 |
seized and either towed or immobilized pursuant to this division | 10245 |
shall be considered contraband for purposes of Chapter 2981. of | 10246 |
the Revised Code. The vehicle shall not be immobilized at any | 10247 |
place other than a commercially operated private storage lot, a | 10248 |
place owned by a law enforcement or other government agency, or a | 10249 |
place to which one of the following applies: | 10250 |
(a) The place is leased by or otherwise under the control of | 10251 |
a law enforcement or other government agency. | 10252 |
(b) The place is owned by the arrested person, the arrested | 10253 |
person's spouse, or a parent or child of the arrested person. | 10254 |
(c) The place is owned by a private person or entity, and, | 10255 |
prior to the immobilization, the private entity or person that | 10256 |
owns the place, or the authorized agent of that private entity or | 10257 |
person, has given express written consent for the immobilization | 10258 |
to be carried out at that place. | 10259 |
(d) The place is a public street or highway on which the | 10260 |
vehicle is parked in accordance with the law. | 10261 |
(C)(1) A vehicle seized under division (B)(1) of this section | 10262 |
shall be safely kept at the place to which it is towed or | 10263 |
otherwise moved by the law enforcement agency that employs the | 10264 |
arresting officer until the initial appearance of the arrested | 10265 |
person relative to the charge in question. The license plates of | 10266 |
the vehicle that are removed pursuant to division (B)(1) of this | 10267 |
section shall be safely kept by the law enforcement agency that | 10268 |
employs the arresting officer until at least the initial | 10269 |
appearance of the arrested person relative to the charge in | 10270 |
question. | 10271 |
(2)(a) At the initial appearance or not less than seven days | 10272 |
prior to the date of final disposition, the court shall notify the | 10273 |
arrested person that, if title to a motor vehicle that is subject | 10274 |
to an order for criminal forfeiture under this section is assigned | 10275 |
or transferred and division (B)(2) or (3) of section 4503.234 of | 10276 |
the Revised Code applies, the court may fine the arrested person | 10277 |
the value of the vehicle. If, at the initial appearance, the | 10278 |
arrested person pleads guilty to the violation of section 4510.14 | 10279 |
10280 | |
that is substantially equivalent to | 10281 |
or pleads no contest to and is convicted of the violation, the | 10282 |
following sentencing provisions apply: | 10283 |
(i) If the person violated section 4510.14 of the Revised | 10284 |
Code or a municipal ordinance that is substantially equivalent to | 10285 |
that section, the court shall impose sentence upon the person as | 10286 |
provided by law or ordinance; the court shall order the | 10287 |
immobilization of the vehicle the arrested person was operating at | 10288 |
the time of, or that was involved in, the offense if registered in | 10289 |
the arrested person's name and the impoundment of its license | 10290 |
plates under sections 4503.233 and 4510.14 of the Revised Code or | 10291 |
the criminal forfeiture to the state of the vehicle if registered | 10292 |
in the arrested person's name under sections 4503.234 and 4510.14 | 10293 |
of the Revised Code, whichever is applicable; and the vehicle and | 10294 |
its license plates shall not be returned or released to the | 10295 |
arrested person. | 10296 |
(ii) If the person violated section 4511.203 of the Revised | 10297 |
Code or a municipal ordinance that is substantially equivalent to | 10298 |
that section, | 10299 |
10300 | |
10301 | |
10302 | |
impose sentence upon the person as provided by law or ordinance; | 10303 |
the court may order the immobilization of the vehicle the arrested | 10304 |
person was operating at the time of, or that was involved in, the | 10305 |
offense if registered in the arrested person's name and the | 10306 |
impoundment of its license plates under section 4503.233 and | 10307 |
section | 10308 |
criminal forfeiture to the state of the vehicle if registered in | 10309 |
the arrested person's name under section 4503.234 and section | 10310 |
10311 | |
applicable; and the vehicle and its license plates shall not be | 10312 |
returned or released to the arrested person. | 10313 |
| 10314 |
10315 | |
10316 | |
10317 | |
10318 | |
10319 | |
10320 | |
10321 | |
10322 | |
10323 | |
10324 |
(b) If, at any time, the charge that the arrested person | 10325 |
violated section 4510.14 | 10326 |
Code, or a municipal ordinance that is substantially equivalent to | 10327 |
10328 | |
court shall order that the vehicle seized at the time of the | 10329 |
arrest and its license plates immediately be released to the | 10330 |
person. | 10331 |
(D) If a vehicle and its license plates are seized under | 10332 |
division (B)(1) of this section and are not returned or released | 10333 |
to the arrested person pursuant to division (C) of this section, | 10334 |
the vehicle and its license plates shall be retained until the | 10335 |
final disposition of the charge in question. Upon the final | 10336 |
disposition of that charge, the court shall do whichever of the | 10337 |
following is applicable: | 10338 |
(1) If the arrested person is convicted of or pleads guilty | 10339 |
to the violation of section 4510.14 of the Revised Code or a | 10340 |
municipal ordinance that is substantially equivalent to that | 10341 |
section, the court shall impose sentence upon the person as | 10342 |
provided by law or ordinance and shall order the immobilization of | 10343 |
the vehicle the person was operating at the time of, or that was | 10344 |
involved in, the offense if it is registered in the arrested | 10345 |
person's name and the impoundment of its license plates under | 10346 |
sections 4503.233 and 4510.14 of the Revised Code or the criminal | 10347 |
forfeiture of the vehicle if it is registered in the arrested | 10348 |
person's name under sections 4503.234 and 4510.14 of the Revised | 10349 |
Code, whichever is applicable. | 10350 |
(2) If the arrested person is convicted of or pleads guilty | 10351 |
to the violation of section 4511.203 of the Revised Code, or a | 10352 |
municipal ordinance that is substantially equivalent to that | 10353 |
section, | 10354 |
10355 | |
10356 | |
10357 | |
shall impose sentence upon the person as provided by law or | 10358 |
ordinance and may order the immobilization of the vehicle the | 10359 |
person was operating at the time of, or that was involved in, the | 10360 |
offense if it is registered in the arrested person's name and the | 10361 |
impoundment of its license plates under section 4503.233 and | 10362 |
section | 10363 |
criminal forfeiture of the vehicle if it is registered in the | 10364 |
arrested person's name under section 4503.234 and section | 10365 |
10366 | |
applicable. | 10367 |
| 10368 |
10369 | |
10370 | |
10371 | |
10372 | |
10373 | |
10374 | |
10375 | |
10376 | |
10377 |
(3) If the arrested person is found not guilty of the | 10378 |
violation of section 4510.14 | 10379 |
Code, or a municipal ordinance that is substantially equivalent to | 10380 |
10381 | |
vehicle and its license plates immediately be released to the | 10382 |
arrested person. | 10383 |
(4) If the charge that the arrested person violated section | 10384 |
4510.14 | 10385 |
ordinance that is substantially equivalent to | 10386 |
sections is dismissed for any reason, the court shall order that | 10387 |
the vehicle and its license plates immediately be released to the | 10388 |
arrested person. | 10389 |
(5) If the impoundment of the vehicle was not authorized | 10390 |
under this section, the court shall order that the vehicle and its | 10391 |
license plates be returned immediately to the arrested person or, | 10392 |
if the arrested person is not the vehicle owner, to the vehicle | 10393 |
owner and shall order that the state or political subdivision of | 10394 |
the law enforcement agency served by the law enforcement officer | 10395 |
who seized the vehicle pay all expenses and charges incurred in | 10396 |
its removal and storage. | 10397 |
(E) If a vehicle is seized under division (B)(2) of this | 10398 |
section, the time between the seizure of the vehicle and either | 10399 |
its release to the arrested person pursuant to division (C) of | 10400 |
this section or the issuance of an order of immobilization of the | 10401 |
vehicle under section 4503.233 of the Revised Code shall be | 10402 |
credited against the period of immobilization ordered by the | 10403 |
court. | 10404 |
(F)(1) Except as provided in division (D)(4) of this section, | 10405 |
the arrested person may be charged expenses or charges incurred in | 10406 |
the removal and storage of the immobilized vehicle. The court with | 10407 |
jurisdiction over the case, after notice to all interested | 10408 |
parties, including lienholders, and after an opportunity for them | 10409 |
to be heard, if the court finds that the arrested person does not | 10410 |
intend to seek release of the vehicle at the end of the period of | 10411 |
immobilization under section 4503.233 of the Revised Code or that | 10412 |
the arrested person is not or will not be able to pay the expenses | 10413 |
and charges incurred in its removal and storage, may order that | 10414 |
title to the vehicle be transferred, in order of priority, first | 10415 |
into the name of the person or entity that removed it, next into | 10416 |
the name of a lienholder, or lastly into the name of the owner of | 10417 |
the place of storage. | 10418 |
Any lienholder that receives title under a court order shall | 10419 |
do so on the condition that it pay any expenses or charges | 10420 |
incurred in the vehicle's removal and storage. If the person or | 10421 |
entity that receives title to the vehicle is the person or entity | 10422 |
that removed it, the person or entity shall receive title on the | 10423 |
condition that it pay any lien on the vehicle. The court shall not | 10424 |
order that title be transferred to any person or entity other than | 10425 |
the owner of the place of storage if the person or entity refuses | 10426 |
to receive the title. Any person or entity that receives title | 10427 |
either may keep title to the vehicle or may dispose of the vehicle | 10428 |
in any legal manner that it considers appropriate, including | 10429 |
assignment of the certificate of title to the motor vehicle to a | 10430 |
salvage dealer or a scrap metal processing facility. The person or | 10431 |
entity shall not transfer the vehicle to the person who is the | 10432 |
vehicle's immediate previous owner. | 10433 |
If the person or entity that receives title assigns the motor | 10434 |
vehicle to a salvage dealer or scrap metal processing facility, | 10435 |
the person or entity shall send the assigned certificate of title | 10436 |
to the motor vehicle to the clerk of the court of common pleas of | 10437 |
the county in which the salvage dealer or scrap metal processing | 10438 |
facility is located. The person or entity shall mark the face of | 10439 |
the certificate of title with the words "FOR DESTRUCTION" and | 10440 |
shall deliver a photocopy of the certificate of title to the | 10441 |
salvage dealer or scrap metal processing facility for its records. | 10442 |
(2) Whenever a court issues an order under division (F)(1) of | 10443 |
this section, the court also shall order removal of the license | 10444 |
plates from the vehicle and cause them to be sent to the registrar | 10445 |
if they have not already been sent to the registrar. Thereafter, | 10446 |
no further proceedings shall take place under this section or | 10447 |
under section 4503.233 of the Revised Code. | 10448 |
(3) Prior to initiating a proceeding under division (F)(1) of | 10449 |
this section, and upon payment of the fee under division (B) of | 10450 |
section 4505.14, any interested party may cause a search to be | 10451 |
made of the public records of the bureau of motor vehicles or the | 10452 |
clerk of the court of common pleas, to ascertain the identity of | 10453 |
any lienholder of the vehicle. The initiating party shall furnish | 10454 |
this information to the clerk of the court with jurisdiction over | 10455 |
the case, and the clerk shall provide notice to the arrested | 10456 |
person, any lienholder, and any other interested parties listed by | 10457 |
the initiating party, at the last known address supplied by the | 10458 |
initiating party, by certified mail, or, at the option of the | 10459 |
initiating party, by personal service or ordinary mail. | 10460 |
Sec. 4510.54. (A) Except as provided in division (F) of this | 10461 |
section, a person whose driver's or commercial driver's license | 10462 |
has been suspended for life under a class one suspension or as | 10463 |
otherwise provided by law or has been suspended for a period in | 10464 |
excess of fifteen years under a class two suspension may file a | 10465 |
motion with the sentencing court for modification or termination | 10466 |
of the suspension. The person filing the motion shall demonstrate | 10467 |
all of the following: | 10468 |
(1) One of the following applies: | 10469 |
(a) At least fifteen years have elapsed since the suspension | 10470 |
began | 10471 |
| 10472 |
been found guilty of any felony, any offense involving a moving | 10473 |
violation under federal law, the law of this state, or the law of | 10474 |
any of its political subdivisions, or any violation of a | 10475 |
suspension under this chapter or a substantially equivalent | 10476 |
municipal ordinance. | 10477 |
(b) At least five years have elapsed since the suspension | 10478 |
began, and, for the past five years, the person has not been found | 10479 |
guilty of any offense involving a moving violation under the law | 10480 |
of this state, the law of any of its political subdivisions, or | 10481 |
federal law, any violation of section 2903.06 or 2903.08 of the | 10482 |
Revised Code, or any violation of a suspension under this chapter | 10483 |
or a substantially equivalent municipal ordinance. | 10484 |
| 10485 |
policy of liability insurance in effect that meets the minimum | 10486 |
standard set forth in section 4509.51 of the Revised Code, or | 10487 |
proof, to the satisfaction of the registrar of motor vehicles, | 10488 |
that the person is able to respond in damages in an amount at | 10489 |
least equal to the minimum amounts specified in that section. | 10490 |
| 10491 |
under the influence of alcohol, a drug of abuse, or combination of | 10492 |
them at the time of the offense or because at the time of the | 10493 |
offense the person's whole blood, blood serum or plasma, breath, | 10494 |
or urine contained at least the concentration of alcohol specified | 10495 |
in division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the | 10496 |
Revised Code or at least the concentration of a listed controlled | 10497 |
substance or a listed metabolite of a controlled substance | 10498 |
specified in division (A)(1)(j) of section 4511.19 of the Revised | 10499 |
Code, the person also shall demonstrate all of the following: | 10500 |
(a) The person successfully completed an alcohol, drug, or | 10501 |
alcohol and drug treatment program. | 10502 |
(b) The person has not abused alcohol or other drugs for a | 10503 |
period satisfactory to the court. | 10504 |
(c) For the past fifteen years, the person has not been found | 10505 |
guilty of any alcohol-related or drug-related offense. | 10506 |
(B) Upon receipt of a motion for modification or termination | 10507 |
of the suspension under this section, the court may schedule a | 10508 |
hearing on the motion. The court may deny the motion without a | 10509 |
hearing but shall not grant the motion without a hearing. If the | 10510 |
court denies a motion without a hearing, the court may consider a | 10511 |
subsequent motion filed under this section by that person. If a | 10512 |
court denies the motion after a hearing, the court shall not | 10513 |
consider a subsequent motion for that person. The court shall hear | 10514 |
only one motion filed by a person under this section. If | 10515 |
scheduled, the hearing shall be conducted in open court within | 10516 |
ninety days after the date on which the motion is filed. | 10517 |
(C) The court shall notify the person whose license was | 10518 |
suspended and the prosecuting attorney of the date, time, and | 10519 |
location of the hearing. Upon receipt of the notice from the | 10520 |
court, the prosecuting attorney shall notify the victim or the | 10521 |
victim's representative of the date, time, and location of the | 10522 |
hearing. | 10523 |
(D) At any hearing under this section, the person who seeks | 10524 |
modification or termination of the suspension has the burden to | 10525 |
demonstrate, under oath, that the person meets the requirements of | 10526 |
division (A) of this section. At the hearing, the court shall | 10527 |
afford the offender or the offender's counsel an opportunity to | 10528 |
present oral or written information relevant to the motion. The | 10529 |
court shall afford a similar opportunity to provide relevant | 10530 |
information to the prosecuting attorney and the victim or victim's | 10531 |
representative. | 10532 |
Before ruling on the motion, the court shall take into | 10533 |
account the person's driving record, the nature of the offense | 10534 |
that led to the suspension, and the impact of the offense on any | 10535 |
victim. In addition, if the offender is eligible for modification | 10536 |
or termination of the suspension under division (A) | 10537 |
this section, the court shall consider whether the person | 10538 |
committed any other offense while under suspension and determine | 10539 |
whether the offense is relevant to a determination under this | 10540 |
section. The court may modify or terminate the suspension subject | 10541 |
to any considerations it considers proper if it finds that | 10542 |
allowing the person to drive is not likely to present a danger to | 10543 |
the public. After the court makes a ruling on a motion filed under | 10544 |
this section, the prosecuting attorney shall notify the victim or | 10545 |
the victim's representative of the court's ruling. | 10546 |
(E) If a court modifies a person's license suspension under | 10547 |
this section and the person subsequently is found guilty of any | 10548 |
moving violation or of any substantially equivalent municipal | 10549 |
ordinance that carries as a possible penalty the suspension of a | 10550 |
person's driver's or commercial driver's license, the court may | 10551 |
reimpose the class one or other lifetime suspension, or the class | 10552 |
two suspension, whichever is applicable. | 10553 |
(F) This section does not apply to any person whose driver's | 10554 |
or commercial driver's license or permit or nonresident operating | 10555 |
privilege has been suspended for life under a class one suspension | 10556 |
imposed under division (B)(3) of section 2903.06 or section | 10557 |
2903.08 of the Revised Code or a class two suspension imposed | 10558 |
under division (C) of section 2903.06 or section 2903.11, 2923.02, | 10559 |
or 2929.02 of the Revised Code. | 10560 |
Sec. 4513.02. (A) No person shall drive or move, or cause or | 10561 |
knowingly permit to be driven or moved, on any highway any vehicle | 10562 |
or combination of vehicles which is in such unsafe condition as to | 10563 |
endanger any person. | 10564 |
(B) When directed by any state highway patrol trooper, the | 10565 |
operator of any motor vehicle shall stop and submit such motor | 10566 |
vehicle to an inspection under division (B)(1) or (2) of this | 10567 |
section, as appropriate, and such tests as are necessary. | 10568 |
(1) Any motor vehicle not subject to inspection by the public | 10569 |
utilities commission shall be inspected and tested to determine | 10570 |
whether it is unsafe or not equipped as required by law, or that | 10571 |
its equipment is not in proper adjustment or repair, or in | 10572 |
violation of the equipment provisions of Chapter 4513. of the | 10573 |
Revised Code. | 10574 |
Such inspection shall be made with respect to the brakes, | 10575 |
lights, turn signals, steering, horns and warning devices, glass, | 10576 |
mirrors, exhaust system, windshield wipers, tires, and such other | 10577 |
items of equipment as designated by the superintendent of the | 10578 |
state highway patrol by rule or regulation adopted pursuant to | 10579 |
sections 119.01 to 119.13 of the Revised Code. | 10580 |
Upon determining that a motor vehicle is in safe operating | 10581 |
condition and its equipment in conformity with Chapter 4513. of | 10582 |
the Revised Code, the inspecting officer shall issue to the | 10583 |
operator an official inspection sticker, which shall be in such | 10584 |
form as the superintendent prescribes except that its color shall | 10585 |
vary from year to year. | 10586 |
(2) Any motor vehicle subject to inspection by the public | 10587 |
utilities commission shall be inspected and tested in accordance | 10588 |
with rules adopted by the commission. Upon determining that the | 10589 |
vehicle and operator are in compliance with rules adopted by the | 10590 |
commission, the inspecting officer shall issue to the operator an | 10591 |
appropriate official inspection sticker. | 10592 |
(C) The superintendent of the state highway patrol, pursuant | 10593 |
to sections 119.01 to 119.13 of the Revised Code, shall determine | 10594 |
and promulgate standards for any inspection program conducted by a | 10595 |
political subdivision of this state. These standards shall exempt | 10596 |
licensed collector's vehicles and historical motor vehicles from | 10597 |
inspection. Any motor vehicle bearing a valid certificate of | 10598 |
inspection issued by another state or a political subdivision of | 10599 |
this state whose inspection program conforms to the | 10600 |
superintendent's standards, and any licensed collector's vehicle | 10601 |
or historical motor vehicle which is not in a condition which | 10602 |
endangers the safety of persons or property, shall be exempt from | 10603 |
the tests provided in division (B) of this section. | 10604 |
(D) Every person, firm, association, or corporation that, in | 10605 |
the conduct of its business, owns and operates not less than | 10606 |
fifteen motor vehicles in this state that are not subject to | 10607 |
regulation by the public utilities commission and that, for the | 10608 |
purpose of storing, repairing, maintaining, and servicing such | 10609 |
motor vehicles, equips and operates one or more service | 10610 |
departments within this state, may file with the superintendent of | 10611 |
the state highway patrol applications for permits for such service | 10612 |
departments as official inspection stations for its own motor | 10613 |
vehicles. Upon receiving an application for each such service | 10614 |
department, and after determining that it is properly equipped and | 10615 |
has competent personnel to perform the inspections referred to in | 10616 |
this section, the superintendent shall issue the necessary | 10617 |
inspection stickers and permit to operate as an official | 10618 |
inspection station. Any such person who has had one or more | 10619 |
service departments so designated as official inspection stations | 10620 |
may have motor vehicles that are owned and operated by the person | 10621 |
and that are not subject to regulation by the public utilities | 10622 |
commission, excepting private passenger cars owned by the person | 10623 |
or the person's employees, inspected at such service department; | 10624 |
and any motor vehicle bearing a valid certificate of inspection | 10625 |
issued by such service department shall be exempt from the tests | 10626 |
provided in division (B) of this section. | 10627 |
No permit for an official inspection station shall be | 10628 |
assigned or transferred or used at any location other than therein | 10629 |
designated, and every such permit shall be posted in a conspicuous | 10630 |
place at the location designated. | 10631 |
If a person, firm, association, or corporation owns and | 10632 |
operates fifteen or more motor vehicles in the conduct of business | 10633 |
and is subject to regulation by the public utilities commission, | 10634 |
that person, firm, association, or corporation is not eligible to | 10635 |
apply to the superintendent for permits to enable any of its | 10636 |
service departments to serve as official inspection stations for | 10637 |
its own motor vehicles. | 10638 |
(E) When any motor vehicle is found to be unsafe for | 10639 |
operation, the inspecting officer may order it removed from the | 10640 |
highway and not operated, except for purposes of removal and | 10641 |
repair, until it has been repaired pursuant to a repair order as | 10642 |
provided in division (F) of this section. | 10643 |
(F) When any motor vehicle is found to be defective or in | 10644 |
violation of Chapter 4513. of the Revised Code, the inspecting | 10645 |
officer may issue a repair order, in such form and containing such | 10646 |
information as the superintendent shall prescribe, to the owner or | 10647 |
operator of the motor vehicle. The owner or operator shall | 10648 |
thereupon obtain such repairs as are required and shall, as | 10649 |
directed by the inspecting officer, return the repair order | 10650 |
together with proof of compliance with its provisions. When any | 10651 |
motor vehicle or operator subject to rules of the public utilities | 10652 |
commission fails the inspection, the inspecting officer shall | 10653 |
issue an appropriate order to obtain compliance with such rules. | 10654 |
(G) Sections 4513.01 to 4513.37 of the Revised Code, with | 10655 |
respect to equipment on vehicles, do not apply to implements of | 10656 |
husbandry, road machinery, road rollers, or agricultural tractors | 10657 |
except as made applicable to such articles of machinery. | 10658 |
(H)
| 10659 |
Whoever violates this section is guilty of a minor misdemeanor. | 10660 |
10661 | |
10662 | |
10663 |
Sec. 4513.021. (A) As used in this section: | 10664 |
(1) "Passenger car" means any motor vehicle with motive | 10665 |
power, designed for carrying ten persons or less, except a | 10666 |
multipurpose passenger vehicle or motorcycle. | 10667 |
(2) "Multipurpose passenger vehicle" means a motor vehicle | 10668 |
with motive power, except a motorcycle, designed to carry ten | 10669 |
persons or less, that is constructed either on a truck chassis or | 10670 |
with special features for occasional off-road operation. | 10671 |
(3) "Truck" means every motor vehicle, except trailers and | 10672 |
semitrailers, designed and used to carry property and having a | 10673 |
gross vehicle weight rating of ten thousand pounds or less. | 10674 |
(4) "Manufacturer" has the same meaning as in section 4501.01 | 10675 |
of the Revised Code. | 10676 |
(5) "Gross vehicle weight rating" means the manufacturer's | 10677 |
gross vehicle weight rating established for that vehicle. | 10678 |
(B) The director of public safety, in accordance with Chapter | 10679 |
119. of the Revised Code, shall adopt rules in conformance with | 10680 |
standards of the vehicle equipment safety commission, that shall | 10681 |
govern the maximum bumper height or, in the absence of bumpers and | 10682 |
in cases where bumper heights have been lowered or modified, the | 10683 |
maximum height to the bottom of the frame rail, of any passenger | 10684 |
car, multipurpose passenger vehicle, or truck. | 10685 |
(C) No person shall operate upon a street or highway any | 10686 |
passenger car, multipurpose passenger vehicle, or truck registered | 10687 |
in this state that does not conform to the requirements of this | 10688 |
section or to any applicable rule adopted pursuant to this | 10689 |
section. | 10690 |
(D) No person shall modify any motor vehicle registered in | 10691 |
this state in such a manner as to cause the vehicle body or | 10692 |
chassis to come in contact with the ground, expose the fuel tank | 10693 |
to damage from collision, or cause the wheels to come in contact | 10694 |
with the body under normal operation, and no person shall | 10695 |
disconnect any part of the original suspension system of the | 10696 |
vehicle to defeat the safe operation of that system. | 10697 |
(E) Nothing contained in this section or in the rules adopted | 10698 |
pursuant to this section shall be construed to prohibit either of | 10699 |
the following: | 10700 |
(1) The installation upon a passenger car, multipurpose | 10701 |
passenger vehicle, or truck registered in this state of heavy duty | 10702 |
equipment, including shock absorbers and overload springs; | 10703 |
(2) The operation on a street or highway of a passenger car, | 10704 |
multipurpose passenger vehicle, or truck registered in this state | 10705 |
with normal wear to the suspension system if the normal wear does | 10706 |
not adversely affect the control of the vehicle. | 10707 |
(F) This section and the rules adopted pursuant to it do not | 10708 |
apply to any specially designed or modified passenger car, | 10709 |
multipurpose passenger vehicle, or truck when operated off a | 10710 |
street or highway in races and similar events. | 10711 |
(G)
| 10712 |
Whoever violates this section is guilty of a minor misdemeanor. | 10713 |
10714 | |
10715 | |
10716 |
Sec. 4513.99. (A) Any violation of section 4513.10, | 10717 |
4513.182, 4513.20, 4513.201, 4513.202, 4513.25, 4513.26, 4513.27, | 10718 |
4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the Revised Code | 10719 |
shall be punished under division (B) of this section. | 10720 |
(B) Whoever violates the sections of this chapter that are | 10721 |
specifically required to be punished under this division, or any | 10722 |
provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of | 10723 |
the Revised Code for which violation no penalty is otherwise | 10724 |
provided, is guilty of a minor misdemeanor
| 10725 |
10726 | |
10727 | |
10728 | |
10729 |
Sec. 4713.07. The state board of cosmetology shall do all of | 10730 |
the following: | 10731 |
(A) Prescribe and make available application forms to be used | 10732 |
by persons seeking admission to an examination conducted under | 10733 |
section 4713.24 of the Revised Code or a license issued under this | 10734 |
chapter; | 10735 |
(B) Prescribe and make available application forms to be used | 10736 |
by persons seeking renewal of a license issued under this chapter; | 10737 |
(C) Report to the proper prosecuting officer all violations | 10738 |
of section 4713.14 of the Revised Code of which the board is | 10739 |
aware; | 10740 |
(D) Submit a written report annually to the governor that | 10741 |
provides all of the following: | 10742 |
(1) A discussion of the conditions in this state of the | 10743 |
branches of cosmetology; | 10744 |
(2) A brief summary of the board's proceedings during the | 10745 |
year the report covers; | 10746 |
(3) A statement of all money that the board received and | 10747 |
expended during the year the report covers. | 10748 |
(E) Keep a record of all of the following: | 10749 |
(1) The board's proceedings; | 10750 |
(2) The name and last known address of each person issued a | 10751 |
license under section 4713.28, 4713.30, 4713.31, 4713.34, or | 10752 |
4713.39 of the Revised Code; | 10753 |
(3) The name and address of each salon issued a license under | 10754 |
section 4713.41 of the Revised Code and each school of cosmetology | 10755 |
issued a license under section 4713.44 of the Revised Code; | 10756 |
(4) The name and address of each tanning facility issued a | 10757 |
permit under section 4713.48 of the Revised Code; | 10758 |
(5) The date and number of each license and permit that the | 10759 |
board issues; | 10760 |
(F) Assist ex-offenders and military veterans who hold | 10761 |
licenses issued by the board to find employment within salons or | 10762 |
other facilities within this state; | 10763 |
(G) All other duties that this chapter imposes on the board. | 10764 |
Sec. 4713.28. The state board of cosmetology shall issue a | 10765 |
practicing license to an applicant who, except as provided in | 10766 |
section 4713.30 of the Revised Code, satisfies all of the | 10767 |
following applicable conditions: | 10768 |
(A) Is at least sixteen years of age; | 10769 |
(B) Is of good moral character; | 10770 |
(C) Has the equivalent of an Ohio public school tenth grade | 10771 |
education; | 10772 |
(D) Passes an examination conducted under section 4713.24 of | 10773 |
the Revised Code for the branch of cosmetology the applicant seeks | 10774 |
to practice; | 10775 |
(E) Pays to the board the applicable fee; | 10776 |
(F) In the case of an applicant for an initial cosmetologist | 10777 |
license, has successfully completed at least fifteen hundred hours | 10778 |
of board-approved cosmetology training in a school of cosmetology | 10779 |
licensed in this state, except that only one thousand hours of | 10780 |
board-approved cosmetology training in a school of cosmetology | 10781 |
licensed in this state is required of a person licensed as a | 10782 |
barber under Chapter 4709. of the Revised Code; | 10783 |
(G) In the case of an applicant for an initial esthetician | 10784 |
license, has successfully completed at least six hundred hours of | 10785 |
board-approved esthetics training in a school of cosmetology | 10786 |
licensed in this state; | 10787 |
(H) In the case of an applicant for an initial hair designer | 10788 |
license, has successfully completed at least one thousand two | 10789 |
hundred hours of board-approved hair designer training in a school | 10790 |
of cosmetology licensed in this state, except that only one | 10791 |
thousand hours of board-approved hair designer training in a | 10792 |
school of cosmetology licensed in this state is required of a | 10793 |
person licensed as a barber under Chapter 4709. of the Revised | 10794 |
Code; | 10795 |
(I) In the case of an applicant for an initial manicurist | 10796 |
license, has successfully completed at least two hundred hours of | 10797 |
board-approved manicurist training in a school of cosmetology | 10798 |
licensed in this state; | 10799 |
(J) In the case of an applicant for an initial natural hair | 10800 |
stylist license, has successfully completed at least four hundred | 10801 |
fifty hours of instruction in subjects relating to sanitation, | 10802 |
scalp care, anatomy, hair styling, communication skills, and laws | 10803 |
and rules governing the practice of cosmetology; | 10804 |
(K) The board shall not deny a license to any applicant based | 10805 |
on prior incarceration or conviction for any crime. If the board | 10806 |
denies an individual a license or license renewal, the reasons for | 10807 |
such denial shall be put in writing. | 10808 |
Sec. 4725.44. (A) The Ohio optical dispensers board shall be | 10809 |
responsible for the administration of sections 4725.40 to 4725.59 | 10810 |
of the Revised Code and, in particular, shall process applications | 10811 |
for licensure as licensed dispensing opticians and ocularists; | 10812 |
schedule, administer, and supervise the qualifying examinations | 10813 |
for licensure or contract with a testing service to schedule, | 10814 |
administer, and supervise the qualifying examination for | 10815 |
licensure; issue licenses to qualified individuals; revoke and | 10816 |
suspend licenses; and maintain adequate records with respect to | 10817 |
its operations and responsibilities. | 10818 |
(B) The board shall adopt, amend, or rescind rules, pursuant | 10819 |
to Chapter 119. of the Revised Code, for the licensure of | 10820 |
dispensing opticians and ocularists, and such other rules as are | 10821 |
required by or necessary to carry out the responsibilities imposed | 10822 |
by sections 4725.40 to 4725.59 of the Revised Code, including | 10823 |
rules establishing criminal records check requirements under | 10824 |
section 4776.03 of the Revised Code and rules establishing | 10825 |
disqualifying offenses for licensure as a dispensing optician or | 10826 |
certification as an apprentice dispensing optician pursuant to | 10827 |
sections 4725.48, 4725.52, 4725.53, and 4776.10 of the Revised | 10828 |
Code. | 10829 |
(C) The board shall have no authority to adopt rules | 10830 |
governing the employment of dispensing opticians, the location or | 10831 |
number of optical stores, advertising of optical products or | 10832 |
services, or the manner in which optical products can be | 10833 |
displayed. | 10834 |
Sec. 4725.48. (A) Any person who desires to engage in | 10835 |
optical dispensing, except as provided in section 4725.47 of the | 10836 |
Revised Code, shall file a properly completed written application | 10837 |
for an examination with the Ohio optical dispensers board or with | 10838 |
the testing service the board has contracted with pursuant to | 10839 |
section 4725.49 of the Revised Code. The application for | 10840 |
examination shall be made on a form provided by the board or | 10841 |
testing service and shall be accompanied by an examination fee the | 10842 |
board shall establish by rule. Applicants must return the | 10843 |
application to the board or testing service at least sixty days | 10844 |
prior to the date the examination is scheduled to be administered. | 10845 |
(B) Except as provided in section 4725.47 of the Revised | 10846 |
Code, any person who desires to engage in optical dispensing shall | 10847 |
file a properly completed written application for a license with | 10848 |
the board with a licensure application fee of fifty dollars. | 10849 |
No person shall be eligible to apply for a license under this | 10850 |
division, unless the person is at least eighteen years of age | 10851 |
10852 | |
disease, has received a passing score, as determined by the board, | 10853 |
on the examination administered under division (A) of this | 10854 |
section, is a graduate of an accredited high school of any state, | 10855 |
or has received an equivalent education and has successfully | 10856 |
completed either of the following: | 10857 |
(1) Two years of supervised experience under a licensed | 10858 |
dispensing optician, optometrist, or physician engaged in the | 10859 |
practice of ophthalmology, up to one year of which may be | 10860 |
continuous experience of not less than thirty hours a week in an | 10861 |
optical laboratory; | 10862 |
(2) A two-year college level program in optical dispensing | 10863 |
that has been approved by the board and that includes, but is not | 10864 |
limited to, courses of study in mathematics, science, English, | 10865 |
anatomy and physiology of the eye, applied optics, ophthalmic | 10866 |
optics, measurement and inspection of lenses, lens grinding and | 10867 |
edging, ophthalmic lens design, keratometry, and the fitting and | 10868 |
adjusting of spectacle lenses and frames and contact lenses, | 10869 |
including methods of fitting contact lenses and post-fitting care. | 10870 |
(C) Any person who desires to obtain a license to practice as | 10871 |
an ocularist shall file a properly completed written application | 10872 |
with the board accompanied by the appropriate fee and proof that | 10873 |
the applicant has met the requirements for licensure. The board | 10874 |
shall establish, by rule, the application fee and the minimum | 10875 |
requirements for licensure, including education, examination, or | 10876 |
experience standards recognized by the board as national standards | 10877 |
for ocularists. The board shall issue a license to practice as an | 10878 |
ocularist to an applicant who satisfies the requirements of this | 10879 |
division and rules adopted pursuant to this division. | 10880 |
(D)(1) Subject to divisions (D)(2), (3), and (4) of this | 10881 |
section, the board shall not adopt, maintain, renew, or enforce | 10882 |
any rule that precludes an individual from receiving or renewing a | 10883 |
license as a dispensing optician issued under sections 4725.40 to | 10884 |
4725.59 of the Revised Code due to any past criminal activity or | 10885 |
interpretation of moral character, unless the individual has | 10886 |
committed a crime of moral turpitude or a disqualifying offense as | 10887 |
those terms are defined in section 4776.10 of the Revised Code. If | 10888 |
the board denies an individual a license or license renewal, the | 10889 |
reasons for such denial shall be put in writing. | 10890 |
(2) Except as otherwise provided in this division, if an | 10891 |
individual applying for a license has been convicted of or pleaded | 10892 |
guilty to a misdemeanor that is not a crime of moral turpitude or | 10893 |
a disqualifying offense less than one year prior to making the | 10894 |
application, the board may use its discretion in granting or | 10895 |
denying the individual a license. Except as otherwise provided in | 10896 |
this division, if an individual applying for a license has been | 10897 |
convicted of or pleaded guilty to a felony that is not a crime of | 10898 |
moral turpitude or a disqualifying offense less than three years | 10899 |
prior to making the application, the board may use its discretion | 10900 |
in granting or denying the individual a license. The provisions in | 10901 |
this paragraph do not apply with respect to any offense unless the | 10902 |
board, prior to the effective date of this amendment, was required | 10903 |
or authorized to deny the application based on that offense. | 10904 |
In all other circumstances, the board shall follow the | 10905 |
procedures it adopts by rule that conform to division (D)(1) of | 10906 |
this section. | 10907 |
(3) In considering a renewal of an individual's license, the | 10908 |
board shall not consider any conviction or plea of guilty prior to | 10909 |
the initial licensing. However, the board may consider a | 10910 |
conviction or plea of guilty if it occurred after the individual | 10911 |
was initially licensed, or after the most recent license renewal. | 10912 |
(4) The board may grant an individual a conditional license | 10913 |
that lasts for one year. After the one-year period has expired, | 10914 |
the license is no longer considered conditional, and the | 10915 |
individual shall be considered fully licensed. | 10916 |
Sec. 4725.52. Any licensed dispensing optician may supervise | 10917 |
a maximum of three apprentices who shall be permitted to engage in | 10918 |
optical dispensing only under the supervision of the licensed | 10919 |
dispensing optician. | 10920 |
To serve as an apprentice, a person shall register with the | 10921 |
Ohio optical dispensers board either on a form provided by the | 10922 |
board or in the form of a statement giving the name and address of | 10923 |
the supervising licensed dispensing optician, the location at | 10924 |
which the apprentice will be employed, and any other information | 10925 |
required by the board. For the duration of the apprenticeship, the | 10926 |
apprentice shall register annually on the form provided by the | 10927 |
board or in the form of a statement. | 10928 |
Each apprentice shall pay an initial registration fee of | 10929 |
twenty dollars. For each registration renewal thereafter, each | 10930 |
apprentice shall pay a registration renewal fee of twenty dollars. | 10931 |
The board shall not deny registration as an apprentice under | 10932 |
this section to any individual based on the individual's past | 10933 |
criminal history or an interpretation of moral character unless | 10934 |
the individual has committed a disqualifying offense or crime of | 10935 |
moral turpitude as those terms are defined in section 4776.10 of | 10936 |
the Revised Code. Except as otherwise provided in this division, | 10937 |
if an individual applying for a registration has been convicted of | 10938 |
or pleaded guilty to a misdemeanor that is not a crime of moral | 10939 |
turpitude or a disqualifying offense less than one year prior to | 10940 |
making the application, the board may use its discretion in | 10941 |
granting or denying the individual a registration. Except as | 10942 |
otherwise provided in this division, if an individual applying for | 10943 |
a registration has been convicted of or pleaded guilty to a felony | 10944 |
that is not a crime of moral turpitude or a disqualifying offense | 10945 |
less than three years prior to making the application, the board | 10946 |
may use its discretion in granting or denying the individual a | 10947 |
registration. The provisions in this paragraph do not apply with | 10948 |
respect to any offense unless the board, prior to the effective | 10949 |
date of this amendment, was required or authorized to deny the | 10950 |
registration based on that offense. | 10951 |
In all other circumstances, the board shall follow the | 10952 |
procedures it adopts by rule that conform to this section. In | 10953 |
considering a renewal of an individual's registration, the board | 10954 |
shall not consider any conviction or plea of guilty prior to the | 10955 |
initial registration. However, the board may consider a conviction | 10956 |
or plea of guilty if it occurred after the individual was | 10957 |
initially registered, or after the most recent registration | 10958 |
renewal. If the board denies an individual for a registration or | 10959 |
registration renewal, the reasons for such denial shall be put in | 10960 |
writing. Additionally, the board may grant an individual a | 10961 |
conditional registration that lasts for one year. After the | 10962 |
one-year period has expired, the registration is no longer | 10963 |
considered conditional, and the individual shall be considered | 10964 |
fully registered. | 10965 |
A person who is gaining experience under the supervision of a | 10966 |
licensed optometrist or ophthalmologist that would qualify the | 10967 |
person under division (B)(1) of section 4725.48 of the Revised | 10968 |
Code to take the examination for optical dispensing is not | 10969 |
required to register with the board. | 10970 |
Sec. 4725.53. (A) The Ohio optical dispensers board, by a | 10971 |
majority vote of its members, may refuse to grant a license and, | 10972 |
in accordance with Chapter 119. of the Revised Code, may suspend | 10973 |
or revoke the license of a licensed dispensing optician or impose | 10974 |
a fine or order restitution pursuant to division (B) of this | 10975 |
section on any of the following grounds: | 10976 |
(1) Conviction of a | 10977 |
turpitude or a disqualifying offense as those terms are defined in | 10978 |
section 4776.10 of the Revised Code; | 10979 |
(2) Obtaining or attempting to obtain a license by fraud or | 10980 |
deception; | 10981 |
(3) Obtaining any fee or making any sale of an optical aid by | 10982 |
means of fraud or misrepresentation; | 10983 |
(4) Habitual indulgence in the use of controlled substances | 10984 |
or other habit-forming drugs, or in the use of alcoholic liquors | 10985 |
to an extent that affects professional competency; | 10986 |
(5) Finding by a court of competent jurisdiction that the | 10987 |
applicant or licensee is incompetent by reason of mental illness | 10988 |
and no subsequent finding by the court of competency; | 10989 |
(6) Finding by a court of law that the licensee is guilty of | 10990 |
incompetence or negligence in the dispensing of optical aids; | 10991 |
(7) Knowingly permitting or employing a person whose license | 10992 |
has been suspended or revoked or an unlicensed person to engage in | 10993 |
optical dispensing; | 10994 |
(8) Permitting another person to use | 10995 |
license; | 10996 |
(9) Engaging in optical dispensing not pursuant to the | 10997 |
prescription of a licensed physician or licensed optometrist, but | 10998 |
nothing in this section shall prohibit the duplication or | 10999 |
replacement of previously prepared optical aids, except contact | 11000 |
lenses shall not be duplicated or replaced without a written | 11001 |
prescription; | 11002 |
(10) Violation of sections 4725.40 to 4725.59 of the Revised | 11003 |
Code; | 11004 |
(11) Waiving the payment of all or any part of a deductible | 11005 |
or copayment that a patient, pursuant to a health insurance or | 11006 |
health care policy, contract, or plan that covers optical | 11007 |
dispensing services, would otherwise be required to pay if the | 11008 |
waiver is used as an enticement to a patient or group of patients | 11009 |
to receive health care services from that provider. | 11010 |
(12) Advertising that | 11011 |
of all or any part of a deductible or copayment that a patient, | 11012 |
pursuant to a health insurance or health care policy, contract, or | 11013 |
plan that covers optical dispensing services, would otherwise be | 11014 |
required to pay. | 11015 |
(B) The board may impose a fine of not more than five hundred | 11016 |
dollars for a first occurrence of an action that is grounds for | 11017 |
discipline under this section and of not less than five hundred | 11018 |
nor more than one thousand dollars for a subsequent occurrence, or | 11019 |
may order the licensee to make restitution to a person who has | 11020 |
suffered a financial loss as a result of the licensee's failure to | 11021 |
comply with sections 4725.40 to 4725.59 of the Revised Code. | 11022 |
(C) Notwithstanding divisions (A)(11) and (12) of this | 11023 |
section, sanctions shall not be imposed against any licensee who | 11024 |
waives deductibles and copayments: | 11025 |
(1) In compliance with the health benefit plan that expressly | 11026 |
allows such a practice. Waiver of the deductibles or copays shall | 11027 |
be made only with the full | 11028 |
plan purchaser, payer, and third-party administrator. Such consent | 11029 |
shall be made available to the board upon request. | 11030 |
(2) For professional services rendered to any other person | 11031 |
licensed pursuant to this chapter to the extent allowed by this | 11032 |
chapter and the rules of the board. | 11033 |
Sec. 4738.04. Each person applying for a motor vehicle | 11034 |
salvage dealer license or a salvage motor vehicle auction license | 11035 |
or a salvage motor vehicle pool license shall make out and deliver | 11036 |
to the registrar of motor vehicles, upon a blank to be furnished | 11037 |
by the registrar for that purpose, a separate application for | 11038 |
license for each county in which the business is to be conducted. | 11039 |
The application for each type of license shall be in the form | 11040 |
prescribed by the registrar and shall be signed and sworn to by | 11041 |
the applicant. The application for a license for a motor vehicle | 11042 |
salvage dealer, a salvage motor vehicle auction, or salvage motor | 11043 |
vehicle pool, in addition to other information as is required by | 11044 |
the registrar, shall include the following: | 11045 |
(A) Name of applicant and location of principal place of | 11046 |
business; | 11047 |
(B) Name or style under which business is to be conducted | 11048 |
and, if a corporation, the state of incorporation; | 11049 |
(C) Name and address of each owner or partner and, if a | 11050 |
corporation, the names of the officers and directors; | 11051 |
(D) The county in which the business is to be conducted and | 11052 |
the address of each place of business therein; | 11053 |
(E) A financial statement of the applicant showing the true | 11054 |
financial condition as of a date not earlier than six months prior | 11055 |
to the date of the application; | 11056 |
(F) A statement of the previous history, record, and | 11057 |
association of the applicant and of each owner, partner, officer, | 11058 |
and director, which statement shall be sufficient to establish to | 11059 |
the satisfaction of the registrar the reputation in business of | 11060 |
the applicant; | 11061 |
(G) A statement showing whether the applicant has previously | 11062 |
been convicted of a | 11063 |
disqualifying offense as those terms are defined in section | 11064 |
4776.10 of the Revised Code; | 11065 |
(H) A statement showing whether the applicant has previously | 11066 |
applied for a license under this chapter and the result of the | 11067 |
application, and whether the applicant has ever been the holder of | 11068 |
any such license which was revoked or suspended; | 11069 |
(I) If the applicant is a corporation or partnership, a | 11070 |
statement showing whether any of the partners, officers, or | 11071 |
directors have been refused a license under this chapter, or have | 11072 |
been the holder of any such license which was revoked or | 11073 |
suspended. | 11074 |
Sec. 4738.07. | 11075 |
division (B) of this section, the registrar of motor vehicles | 11076 |
shall deny the application of any person for a license under this | 11077 |
chapter and refuse to issue | 11078 |
registrar finds that the applicant: | 11079 |
| 11080 |
individual's application; | 11081 |
| 11082 |
the Revised Code: | 11083 |
| 11084 |
on financial obligations; | 11085 |
| 11086 |
crime of moral turpitude or a disqualifying offense as defined in | 11087 |
section 4776.10 of the Revised Code; | 11088 |
| 11089 |
dealing in salvage motor vehicles or when operating as a motor | 11090 |
vehicle salvage dealer, salvage motor vehicle auction, or salvage | 11091 |
motor vehicle pool; | 11092 |
| 11093 |
| 11094 |
payment of any final judgments which might reasonably be entered | 11095 |
against | 11096 |
individual's business during the period of the license applied | 11097 |
for; | 11098 |
| 11099 |
| 11100 |
been denied a license under this chapter. | 11101 |
(B)(1) Except as otherwise provided in this division, the | 11102 |
registrar of motor vehicles may grant, but is not required to | 11103 |
grant, the application of any person for a license under this | 11104 |
chapter if the registrar finds that the applicant has been | 11105 |
convicted of or pleaded guilty to either of the following: | 11106 |
(a) A misdemeanor that is not a crime of moral turpitude or a | 11107 |
disqualifying offense less than a year prior to the person's | 11108 |
initial application; | 11109 |
(b) A felony that is not a crime of moral turpitude or a | 11110 |
disqualifying offense less than three years prior to the person's | 11111 |
application. | 11112 |
(2) The provisions in division (B)(1) of this section do not | 11113 |
apply with respect to any offense unless the registrar, prior to | 11114 |
the effective date of this amendment, was required or authorized | 11115 |
to deny the registration based on that offense. | 11116 |
(3) In considering a renewal of an individual's license, the | 11117 |
registrar shall not consider any conviction or plea of guilty | 11118 |
prior to the initial licensing. However, the registrar may | 11119 |
consider a conviction or plea of guilty if it occurred after the | 11120 |
individual was initially licensed, or after the most recent | 11121 |
license renewal. | 11122 |
(C) The registrar may grant a person a conditional license | 11123 |
that lasts for one year. After the one-year period has expired, | 11124 |
the license is no longer considered conditional, and the person | 11125 |
shall be considered fully licensed. | 11126 |
(D) If the applicant is a corporation or partnership, the | 11127 |
registrar may refuse to issue a license if any officer, director, | 11128 |
or partner of the applicant has been guilty of any act or omission | 11129 |
which would be cause for refusing or revoking a license issued to | 11130 |
the officer, director, or partner as an individual. The | 11131 |
registrar's finding may be based upon facts contained in the | 11132 |
application or upon any other information which he may have. | 11133 |
Immediately upon denying an application for any of the reasons in | 11134 |
this section, the registrar shall enter a final order together | 11135 |
with | 11136 |
motor vehicle salvage dealer's licensing board. | 11137 |
(E) If the registrar refuses an application for a license, | 11138 |
the reasons for such refusal shall be put in writing. An applicant | 11139 |
who has been refused a license may appeal from the action of the | 11140 |
registrar to the motor vehicle salvage dealer's licensing board in | 11141 |
the manner prescribed in section 4738.12 of the Revised Code. | 11142 |
(F) The registrar of motor vehicles shall not adopt, | 11143 |
maintain, renew, or enforce any rule, or otherwise preclude in any | 11144 |
way, an individual from receiving or renewing a license under this | 11145 |
chapter due to any past criminal activity or interpretation of | 11146 |
moral character, except as pursuant to division (A)(4), (5), and | 11147 |
(B) of this section. If the registrar denies an individual a | 11148 |
license or license renewal, the reasons for such denial shall be | 11149 |
put in writing. | 11150 |
Sec. 4740.05. (A) Each section of the Ohio construction | 11151 |
industry licensing board, other than the administrative section, | 11152 |
shall do all of the following: | 11153 |
(1) Adopt rules in accordance with Chapter 119. of the | 11154 |
Revised Code that are limited to the following: | 11155 |
(a) Criteria for the section to use in evaluating the | 11156 |
qualifications of an individual; | 11157 |
(b) Criteria for the section to use in deciding whether to | 11158 |
authorize the administrative section to issue, renew, suspend, | 11159 |
revoke, or refuse to issue or renew a license; | 11160 |
(c) The determinations and approvals the section makes under | 11161 |
the reciprocity provision of section 4740.08 of the Revised Code; | 11162 |
(d) Criteria for continuing education courses conducted | 11163 |
pursuant to this chapter; | 11164 |
(e) A requirement that persons seeking approval to provide | 11165 |
continuing education courses submit the required information to | 11166 |
the appropriate section of the board at least thirty days, but not | 11167 |
more than one year, prior to the date on which the course is | 11168 |
proposed to be offered; | 11169 |
(f) A prohibition against any person providing a continuing | 11170 |
education course unless the administrative section of the board | 11171 |
approved that person not more than one year prior to the date the | 11172 |
course is offered; | 11173 |
(g) A list of disqualifying offenses pursuant to sections | 11174 |
4740.06, 4740.10, and 4776.10 of the Revised Code. | 11175 |
(2) Investigate allegations in reference to violations of | 11176 |
this chapter and the rules adopted pursuant to it that pertain to | 11177 |
the section and determine by rule a procedure to conduct | 11178 |
investigations and hearings on these allegations; | 11179 |
(3) Maintain a record of its proceedings; | 11180 |
(4) Grant approval to a person to offer continuing education | 11181 |
courses pursuant to rules the board adopts; | 11182 |
(5) As required, do all things necessary to carry out this | 11183 |
chapter. | 11184 |
(B) In accordance with rules they establish, the trade | 11185 |
sections of the board shall authorize the administrative section | 11186 |
to issue, renew, suspend, revoke, or refuse to issue or renew | 11187 |
licenses for the classes of contractors for which each has primary | 11188 |
responsibility as set forth in section 4740.02 of the Revised | 11189 |
Code. | 11190 |
(C) Each trade section of the board shall establish or | 11191 |
approve a continuing education curriculum for license renewal for | 11192 |
each class of contractors for which the section has primary | 11193 |
responsibility. No curriculum may require more than five hours per | 11194 |
year in specific course requirements. No contractor may be | 11195 |
required to take more than ten hours per year in continuing | 11196 |
education courses. The ten hours shall be the aggregate of hours | 11197 |
of continuing education for all licenses the contractor holds. | 11198 |
Sec. 4740.06. (A) Any individual who applies for a license | 11199 |
shall file a written application with the appropriate section of | 11200 |
the Ohio construction industry licensing board, accompanied with | 11201 |
the application fee as determined pursuant to section 4740.09 of | 11202 |
the Revised Code. The individual shall file the application not | 11203 |
more than sixty days nor less than thirty days prior to the date | 11204 |
of the examination. The application shall be on the form the | 11205 |
section prescribes and verified by the applicant's oath. The | 11206 |
applicant shall provide information satisfactory to the section | 11207 |
showing that the applicant meets the requirements of division (B) | 11208 |
of this section. | 11209 |
(B) To qualify to take an examination, an individual shall: | 11210 |
(1) Be at least eighteen years of age; | 11211 |
(2) Be a United States citizen or legal alien who produces | 11212 |
valid documentation to demonstrate the individual is a legal | 11213 |
resident of the United States; | 11214 |
(3) Either have been a tradesperson in the type of licensed | 11215 |
trade for which the application is filed for not less than five | 11216 |
years immediately prior to the date the application is filed, be a | 11217 |
currently registered engineer in this state with three years of | 11218 |
business experience in the construction industry in the trade for | 11219 |
which the engineer is applying to take an examination, or have | 11220 |
other experience acceptable to the appropriate section of the | 11221 |
board; | 11222 |
(4) Maintain contractor's liability insurance, including | 11223 |
without limitation, complete operations coverage, in an amount the | 11224 |
appropriate section of the board determines; | 11225 |
(5) Not have done any of the following: | 11226 |
(a) Been convicted of or pleaded guilty to a | 11227 |
11228 | |
disqualifying offense as those terms are defined in section | 11229 |
4776.10 of the Revised Code; | 11230 |
(b) Violated this chapter or any rule adopted pursuant to it; | 11231 |
(c) Obtained or renewed a license issued pursuant to this | 11232 |
chapter, or any order, ruling, or authorization of the board or a | 11233 |
section of the board by fraud, misrepresentation, or deception; | 11234 |
(d) Engaged in fraud, misrepresentation, or deception in the | 11235 |
conduct of business. | 11236 |
(C) When an applicant for licensure as a contractor in a | 11237 |
licensed trade meets the qualifications set forth in division (B) | 11238 |
of this section and passes the required examination, the | 11239 |
appropriate section of the board, within ninety days after the | 11240 |
application was filed, shall authorize the administrative section | 11241 |
of the board to license the applicant for the type of contractor's | 11242 |
license for which the applicant qualifies. A section of the board | 11243 |
may withdraw its authorization to the administrative section for | 11244 |
issuance of a license for good cause shown, on the condition that | 11245 |
notice of that withdrawal is given prior to the administrative | 11246 |
section's issuance of the license. | 11247 |
(D) All licenses a contractor holds pursuant to this chapter | 11248 |
shall expire annually on the same date, which shall be the | 11249 |
expiration date of the original license the contractor holds. An | 11250 |
individual holding a valid, unexpired license may renew the | 11251 |
license, without reexamination, by submitting an application to | 11252 |
the appropriate section of the board not more than ninety calendar | 11253 |
days before the expiration of the license, along with the renewal | 11254 |
fee the section requires and proof of compliance with the | 11255 |
applicable continuing education requirements. The applicant shall | 11256 |
provide information in the renewal application satisfactory to | 11257 |
demonstrate to the appropriate section that the applicant | 11258 |
continues to meet the requirements of division (B) of this | 11259 |
section. | 11260 |
Upon application and within one calendar year after a license | 11261 |
has expired, a section may waive any of the requirements for | 11262 |
renewal of a license upon finding that an applicant substantially | 11263 |
meets the renewal requirements or that failure to timely apply for | 11264 |
renewal is due to excusable neglect. A section that waives | 11265 |
requirements for renewal of a license may impose conditions upon | 11266 |
the licensee and assess a late filing fee of not more than double | 11267 |
the usual renewal fee. An applicant shall satisfy any condition | 11268 |
the section imposes before a license is reissued. | 11269 |
(E) An individual holding a valid license may request the | 11270 |
section of the board that authorized that license to place the | 11271 |
license in inactive status under conditions, and for a period of | 11272 |
time, as that section determines. | 11273 |
(F) Except for the ninety-day extension provided for a | 11274 |
license assigned to a business entity under division (D) of | 11275 |
section 4740.07 of the Revised Code, a license held by an | 11276 |
individual immediately terminates upon the death of the | 11277 |
individual. | 11278 |
(G) Nothing in any license issued by the Ohio construction | 11279 |
industry licensing board shall be construed to limit or eliminate | 11280 |
any requirement of or any license issued by the Ohio fire marshal. | 11281 |
(H)(1) Subject to divisions (H)(2), (3), and (4) of this | 11282 |
section, no trade section of the board shall adopt, maintain, | 11283 |
renew, or enforce any rule, or otherwise preclude in any way, an | 11284 |
individual from receiving or renewing a license under this chapter | 11285 |
due to any past criminal activity or interpretation of moral | 11286 |
character, except as pursuant to division (B)(5)(a) of this | 11287 |
section. If the section denies an individual a license or license | 11288 |
renewal, the reasons for such denial shall be put in writing. | 11289 |
(2) Except as otherwise provided in this division, if an | 11290 |
individual applying for a license has been convicted of or pleaded | 11291 |
guilty to a misdemeanor that is not a crime of moral turpitude or | 11292 |
a disqualifying offense less than one year prior to making the | 11293 |
application, the section may use its discretion in granting or | 11294 |
denying the individual a license. Except as otherwise provided in | 11295 |
this division, if an individual applying for a license has been | 11296 |
convicted of or pleaded guilty to a felony that is not a crime of | 11297 |
moral turpitude or a disqualifying offense less than three years | 11298 |
prior to making the application, the section may use its | 11299 |
discretion in granting or denying the individual a license. The | 11300 |
provisions in this paragraph do not apply with respect to any | 11301 |
offense unless the section, prior to the effective date of this | 11302 |
amendment, was required or authorized to deny the application | 11303 |
based on that offense. | 11304 |
In all other circumstances, the section shall follow the | 11305 |
procedures it adopts by rule that conform to division (H)(1) of | 11306 |
this section. | 11307 |
(3) In considering a renewal of an individual's license, the | 11308 |
section shall not consider any conviction or plea of guilty prior | 11309 |
to the initial licensing. However, the board may consider a | 11310 |
conviction or plea of guilty if it occurred after the individual | 11311 |
was initially licensed, or after the most recent license renewal. | 11312 |
(4) The section may grant an individual a conditional license | 11313 |
that lasts for one year. After the one-year period has expired, | 11314 |
the license is no longer considered conditional, and the | 11315 |
individual shall be considered fully licensed. | 11316 |
Sec. 4740.10. (A) The appropriate section of the Ohio | 11317 |
construction industry licensing board, upon an affirmative vote of | 11318 |
four of its members, may take any of the following actions against | 11319 |
a licensee who violates Chapter 4740. of the Revised Code: | 11320 |
(1) Impose a fine on the licensee, not exceeding one thousand | 11321 |
dollars per violation per day; | 11322 |
(2) Direct the administrative section to suspend the | 11323 |
licensee's license for a period of time the section establishes; | 11324 |
(3) Direct the administrative section to revoke the | 11325 |
licensee's license; | 11326 |
(4) Require the licensee to complete additional continuing | 11327 |
education course work. Any continuing education course work | 11328 |
completed pursuant to this division may not count toward any other | 11329 |
continuing education requirements this chapter establishes. | 11330 |
(5) Direct the administrative section to refuse to issue or | 11331 |
renew a license if the section finds that the applicant or | 11332 |
licensee has done any of the following: | 11333 |
(a) Been convicted of a | 11334 |
turpitude or a | 11335 |
defined in section 4776.10 of the Revised Code; | 11336 |
(b) Violated any provision of this chapter or the rules | 11337 |
adopted pursuant thereto; | 11338 |
(c) Obtained a license or any order, ruling, or authorization | 11339 |
of the board by fraud, misrepresentation, or deception; | 11340 |
(d) Engaged in fraud, misrepresentation, or deception in the | 11341 |
conduct of business. | 11342 |
(B) The appropriate section of the board shall determine the | 11343 |
length of time that a license is to be suspended and whether or | 11344 |
when an individual whose license has been revoked may apply for | 11345 |
reinstatement. The appropriate section of the board may accept or | 11346 |
refuse an application for reinstatement and may require an | 11347 |
examination for reinstatement. | 11348 |
(C) The appropriate section of the board may investigate any | 11349 |
alleged violation of this chapter or the rules adopted pursuant to | 11350 |
it. If, after an investigation, a section determines that any | 11351 |
person has engaged or is engaging in any practice that violates | 11352 |
this chapter or the rules adopted pursuant to it, that section may | 11353 |
apply to the court of common pleas of the county in which the | 11354 |
violation occurred or is occurring for an injunction or other | 11355 |
appropriate relief to enjoin or terminate the violation. | 11356 |
(D) Any person who wishes to make a complaint against a | 11357 |
person who holds a license shall submit the complaint in writing | 11358 |
to the appropriate section of the board within three years after | 11359 |
the date of the action or event upon which the complaint is based. | 11360 |
Sec. 4747.04. The hearing aid dealers and fitters licensing | 11361 |
board shall meet annually to elect a | 11362 |
11363 | |
chairperson in the absence of the
| 11364 |
of the board constitutes a quorum. The board shall meet when | 11365 |
called by the | 11366 |
(A) Adopt rules for the transaction of its business; | 11367 |
(B) Design and prepare qualifying examinations for licensing | 11368 |
of hearing aid dealers, fitters, and trainees; | 11369 |
(C) Determine whether persons holding similar valid licenses | 11370 |
from other states or jurisdictions shall be required to take and | 11371 |
successfully pass the appropriate qualifying examination as a | 11372 |
condition for licensing in this state; | 11373 |
(D) Determine whether charges made against any licensee | 11374 |
warrant a hearing before the board; | 11375 |
(E) Hold hearings to determine the truth and circumstances of | 11376 |
all charges filed in writing with the board against any licensee | 11377 |
and determine whether any license held by any person shall be | 11378 |
revoked, suspended, or reissued; | 11379 |
(F) Determine and specify the length of time each license | 11380 |
that is suspended or revoked shall remain suspended or revoked; | 11381 |
(G) Advise and assist the department of health in all matters | 11382 |
relating to this chapter; | 11383 |
(H) Deposit all payments collected under this chapter into | 11384 |
the general operations fund created under section 3701.83 of the | 11385 |
Revised Code to be used in administering and enforcing this | 11386 |
chapter; | 11387 |
(I) Establish a list of disqualifying offenses for licensure | 11388 |
as a hearing aid dealer or fitter, or for a hearing aid dealer or | 11389 |
fitter trainee permit, pursuant to sections 4747.05, 4747.10, | 11390 |
4747.12, and 4776.10 of the Revised Code. | 11391 |
Nothing in this section shall be interpreted as granting to | 11392 |
the hearing aid dealers and fitters licensing board the right to | 11393 |
restrict advertising which is not false or misleading, or to | 11394 |
prohibit or in any way restrict a hearing aid dealer or fitter | 11395 |
from renting or leasing space from any person, firm or corporation | 11396 |
in a mercantile establishment for the purpose of using such space | 11397 |
for the lawful sale of hearing aids or to prohibit a mercantile | 11398 |
establishment from selling hearing aids if the sale would be | 11399 |
otherwise lawful under this chapter. | 11400 |
Sec. 4747.05. (A) The hearing aid dealers and fitters | 11401 |
licensing board shall issue to each applicant, within sixty days | 11402 |
of receipt of a properly completed application and payment of two | 11403 |
hundred sixty-two dollars, a hearing aid dealer's or fitter's | 11404 |
license if the applicant, if an individual: | 11405 |
(1) Is at least eighteen years of age; | 11406 |
(2) | 11407 |
disqualifying offense or a crime of moral turpitude, as those | 11408 |
terms are defined in section 4776.10 of the Revised Code; | 11409 |
(3) Is free of contagious or infectious disease; | 11410 |
(4) Has successfully passed a qualifying examination | 11411 |
specified and administered by the board. | 11412 |
(B) If the applicant is a firm, partnership, association, or | 11413 |
corporation, the application, in addition to such information as | 11414 |
the board requires, shall be accompanied by an application for a | 11415 |
license for each person, whether owner or employee, of the firm, | 11416 |
partnership, association, or corporation, who engages in dealing | 11417 |
in or fitting of hearing aids, or shall contain a statement that | 11418 |
such applications are submitted separately. No firm, partnership, | 11419 |
association, or corporation licensed pursuant to this chapter | 11420 |
shall permit any unlicensed person to sell or fit hearing aids. | 11421 |
(C)(1) Subject to divisions (C)(2), (3), and (4) of this | 11422 |
section, the board shall not adopt, maintain, renew, or enforce | 11423 |
any rule that precludes an individual from receiving or renewing a | 11424 |
license issued under this chapter due to any past criminal | 11425 |
activity or interpretation of moral character, unless the | 11426 |
individual has committed a crime of moral turpitude or a | 11427 |
disqualifying offense as those terms are defined in section | 11428 |
4776.10 of the Revised Code. If the board denies an individual a | 11429 |
license or license renewal, the reasons for such denial shall be | 11430 |
put in writing. | 11431 |
(2) Except as otherwise provided in this division, if an | 11432 |
individual applying for a license has been convicted of or pleaded | 11433 |
guilty to a misdemeanor that is not a crime of moral turpitude or | 11434 |
a disqualifying offense less than one year prior to making the | 11435 |
application, the board may use the board's discretion in granting | 11436 |
or denying the individual a license. Except as otherwise provided | 11437 |
in this division, if an individual applying for a license has been | 11438 |
convicted of or pleaded guilty to a felony that is not a crime of | 11439 |
moral turpitude or a disqualifying offense less than three years | 11440 |
prior to making the application, the board may use the board's | 11441 |
discretion in granting or denying the individual a license. The | 11442 |
provisions in this paragraph do not apply with respect to any | 11443 |
offense unless the board, prior to the effective date of this | 11444 |
amendment, was required or authorized to deny the application | 11445 |
based on that offense. | 11446 |
In all other circumstances, the board shall follow the | 11447 |
procedures it adopts by rule that conform to division (C)(1) of | 11448 |
this section. | 11449 |
(3) In considering a renewal of an individual's license, the | 11450 |
board shall not consider any conviction or plea of guilty prior to | 11451 |
the initial licensing. However, the board may consider a | 11452 |
conviction or plea of guilty if it occurred after the individual | 11453 |
was initially licensed, or after the most recent license renewal. | 11454 |
(4) The board may grant an individual a conditional license | 11455 |
that lasts for one year. After the one-year period has expired, | 11456 |
the license is no longer considered conditional, and the | 11457 |
individual shall be considered fully licensed. | 11458 |
(D) Each license issued expires on the thirtieth day of | 11459 |
January of the year following that in which it was issued. | 11460 |
Sec. 4747.10. Each person currently engaged in training to | 11461 |
become a licensed hearing aid dealer or fitter shall apply to the | 11462 |
hearing aid dealers and fitters licensing board for a hearing aid | 11463 |
dealer's and fitter's trainee permit. The board shall issue to | 11464 |
each applicant within thirty days of receipt of a properly | 11465 |
completed application and payment of one hundred fifty dollars, a | 11466 |
trainee permit if such applicant | 11467 |
criteria: | 11468 |
(A) | 11469 |
(B) | 11470 |
school, or possesses an equivalent education; | 11471 |
(C) | 11472 |
disqualifying offense or a crime of moral turpitude, as those | 11473 |
terms are defined in section 4776.10 of the Revised Code; | 11474 |
(D) | 11475 |
Subject to the next paragraph, the board shall not deny a | 11476 |
trainee permit issued under this section to any individual based | 11477 |
on the individual's past criminal history or an interpretation of | 11478 |
moral character unless the individual has committed a | 11479 |
disqualifying offense or crime of moral turpitude as those terms | 11480 |
are defined in section 4776.10 of the Revised Code. Except as | 11481 |
otherwise provided in this paragraph, if an individual applying | 11482 |
for a trainee permit has been convicted of or pleaded guilty to a | 11483 |
misdemeanor that is not a crime of moral turpitude or a | 11484 |
disqualifying offense less than one year prior to making the | 11485 |
application, the board may use the board's discretion in granting | 11486 |
or denying the individual a trainee permit. Except as otherwise | 11487 |
provided in this paragraph, if an individual applying for a | 11488 |
trainee permit has been convicted of or pleaded guilty to a felony | 11489 |
that is not a crime of moral turpitude or a disqualifying offense | 11490 |
less than three years prior to making the application, the board | 11491 |
may use the board's discretion in granting or denying the | 11492 |
individual a trainee permit. The provisions in this paragraph do | 11493 |
not apply with respect to any offense unless the board, prior to | 11494 |
the effective date of this amendment, was required or authorized | 11495 |
to deny the application based on that offense. | 11496 |
In all other circumstances not described in the preceding | 11497 |
paragraph, the board shall follow the procedures it adopts by rule | 11498 |
that conform to this section. | 11499 |
In considering a renewal of an individual's trainee permit, | 11500 |
the board shall not consider any conviction or plea of guilty | 11501 |
prior to the issuance of the initial trainee permit. However, the | 11502 |
board may consider a conviction or plea of guilty if it occurred | 11503 |
after the individual was initially granted the trainee permit, or | 11504 |
after the most recent trainee permit renewal. If the board denies | 11505 |
an individual for a trainee permit or renewal, the reasons for | 11506 |
such denial shall be put in writing. Additionally, the board may | 11507 |
grant an individual a conditional trainee permit that lasts for | 11508 |
one year. After the one-year period has expired, the permit is no | 11509 |
longer considered conditional, and the individual shall be | 11510 |
considered to be granted a full trainee permit. | 11511 |
Each trainee permit issued by the board expires one year from | 11512 |
the date it was first issued, and may be renewed once if the | 11513 |
trainee has not successfully completed the qualifying requirements | 11514 |
for licensing as a hearing aid dealer or fitter before the | 11515 |
expiration date of such permit. The board shall issue a renewed | 11516 |
permit to each applicant upon receipt of a properly completed | 11517 |
application and payment of one hundred five dollars. No person | 11518 |
holding a trainee permit shall engage in the practice of dealing | 11519 |
in or fitting of hearing aids except while under supervision by a | 11520 |
licensed hearing aid dealer or fitter. | 11521 |
Sec. 4747.12. The hearing aid dealers and fitters licensing | 11522 |
board may revoke or suspend a license or permit if the person who | 11523 |
holds such license or permit: | 11524 |
(A) Is convicted of a | 11525 |
11526 | |
defined in section 4776.10 of the Revised Code. The record of | 11527 |
conviction, or a copy thereof certified by the clerk of the court | 11528 |
or by the judge in whose court the conviction occurs, is | 11529 |
conclusive evidence of such conviction; | 11530 |
(B) Procured a license or permit by fraud or deceit practiced | 11531 |
upon the board; | 11532 |
(C) Obtained any fee or made any sale of a hearing aid by | 11533 |
fraud or misrepresentation; | 11534 |
(D) Knowingly employed any person without a license or a | 11535 |
person whose license was suspended or revoked to engage in the | 11536 |
fitting or sale of hearing aids; | 11537 |
(E) Used or caused or promoted the use of any advertising | 11538 |
matter, promotional literature, testimonial, guarantee, warranty, | 11539 |
label, brand, insignia, or any other representation, however | 11540 |
disseminated or published, which is misleading, deceptive, or | 11541 |
untruthful; | 11542 |
(F) Advertised a particular model or type of hearing aid for | 11543 |
sale when purchasers or prospective purchasers responding to the | 11544 |
advertisement cannot purchase the specified model or type of | 11545 |
hearing aid; | 11546 |
(G) Represented or advertised that the service or advice of a | 11547 |
person licensed to practice medicine will be used or made | 11548 |
available in the selection, fitting, adjustment, maintenance, or | 11549 |
repair of hearing aids when such is not true, or using the words | 11550 |
"doctor," "clinic," or similar words, abbreviations, or symbols | 11551 |
which connote the medical profession when such use is not | 11552 |
accurate; | 11553 |
(H) Is found by the board to be a person of habitual | 11554 |
intemperance or gross immorality; | 11555 |
(I) Advertised a manufacturer's product or used a | 11556 |
manufacturer's name or trademark in a manner which suggested the | 11557 |
existence of a relationship with the manufacturer which did not or | 11558 |
does not exist; | 11559 |
(J) Fitted or sold, or attempted to fit or sell, a hearing | 11560 |
aid to a person without first utilizing the appropriate procedures | 11561 |
and instruments required for proper fitting of hearing aids; | 11562 |
(K) Engaged in the fitting and sale of hearing aids under a | 11563 |
false name or an alias; | 11564 |
(L) Engaged in the practice of dealing in or fitting of | 11565 |
hearing aids while suffering from a contagious or infectious | 11566 |
disease; | 11567 |
(M) Was found by the board to be guilty of gross incompetence | 11568 |
or negligence in the fitting or sale of hearing aids; | 11569 |
(N) Permitted another person to use | 11570 |
license. | 11571 |
Sec. 4749.03. (A)(1) Any individual, including a partner in | 11572 |
a partnership, may be licensed as a private investigator under a | 11573 |
class B license, or as a security guard provider under a class C | 11574 |
license, or as a private investigator and a security guard | 11575 |
provider under a class A license, if the individual meets all of | 11576 |
the following requirements: | 11577 |
(a) Has a good reputation for integrity, has not been | 11578 |
convicted of a | 11579 |
4776.10 of the Revised Code within the last | 11580 |
any | 11581 |
defined in section 4776.10 of the Revised Code, and has not been | 11582 |
adjudicated incompetent for the purpose of holding the license, as | 11583 |
provided in section 5122.301 of the Revised Code, without having | 11584 |
been restored to legal capacity for that purpose. | 11585 |
(b) Depending upon the class of license for which application | 11586 |
is made, for a continuous period of at least two years immediately | 11587 |
preceding application for a license, has been engaged in | 11588 |
investigatory or security services work for a law enforcement or | 11589 |
other public agency engaged in investigatory activities, or for a | 11590 |
private investigator or security guard provider, or engaged in the | 11591 |
practice of law, or has acquired equivalent experience as | 11592 |
determined by rule of the director of public safety. | 11593 |
(c) Demonstrates competency as a private investigator or | 11594 |
security guard provider by passing an examination devised for this | 11595 |
purpose by the director, except that any individually licensed | 11596 |
person who qualifies a corporation for licensure shall not be | 11597 |
required to be reexamined if the person qualifies the corporation | 11598 |
in the same capacity that the person was individually licensed. | 11599 |
(d) Submits evidence of comprehensive general liability | 11600 |
insurance coverage, or other equivalent guarantee approved by the | 11601 |
director in such form and in principal amounts satisfactory to the | 11602 |
director, but not less than one hundred thousand dollars for each | 11603 |
person and three hundred thousand dollars for each occurrence for | 11604 |
bodily injury liability, and one hundred thousand dollars for | 11605 |
property damage liability. | 11606 |
(e) Pays the requisite examination and license fees. | 11607 |
(2) A corporation may be licensed as a private investigator | 11608 |
under a class B license, or as a security guard provider under a | 11609 |
class C license, or as a private investigator and a security guard | 11610 |
provider under a class A license, if an application for licensure | 11611 |
is filed by an officer of the corporation and the officer, another | 11612 |
officer, or the qualifying agent of the corporation satisfies the | 11613 |
requirements of divisions (A)(1) and (F)(1) of this section. | 11614 |
Officers and the statutory agent of a corporation shall be | 11615 |
determined in accordance with Chapter 1701. of the Revised Code. | 11616 |
(3) At least one partner in a partnership shall be licensed | 11617 |
as a private investigator, or as a security guard provider, or as | 11618 |
a private investigator and a security guard provider. Partners in | 11619 |
a partnership shall be determined as provided for in Chapter 1775. | 11620 |
or 1776. of the Revised Code. | 11621 |
(B) An application for a class A, B, or C license shall be | 11622 |
completed in the form the director prescribes. In the case of an | 11623 |
individual, the application shall state the applicant's name, | 11624 |
birth date, citizenship, physical description, current residence, | 11625 |
residences for the preceding ten years, current employment, | 11626 |
employment for the preceding seven years, experience | 11627 |
qualifications, the location of each of the applicant's offices in | 11628 |
this state, and any other information that is necessary in order | 11629 |
for the director to comply with the requirements of this chapter. | 11630 |
In the case of a corporation, the application shall state the name | 11631 |
of the officer or qualifying agent filing the application; the | 11632 |
state in which the corporation is incorporated and the date of | 11633 |
incorporation; the states in which the corporation is authorized | 11634 |
to transact business; the name of its qualifying agent; the name | 11635 |
of the officer or qualifying agent of the corporation who | 11636 |
satisfies the requirements of divisions (A)(1) and (F)(1) of this | 11637 |
section and the birth date, citizenship, physical description, | 11638 |
current residence, residences for the preceding ten years, current | 11639 |
employment, employment for the preceding seven years, and | 11640 |
experience qualifications of that officer or qualifying agent; and | 11641 |
other information that the director requires. A corporation may | 11642 |
specify in its application information relative to one or more | 11643 |
individuals who satisfy the requirements of divisions (A)(1) and | 11644 |
(F)(1) of this section. | 11645 |
The application described in this division shall be | 11646 |
accompanied by all of the following: | 11647 |
(1) One recent full-face photograph of the applicant or, in | 11648 |
the case of a corporation, of each officer or qualifying agent | 11649 |
specified in the application as satisfying the requirements of | 11650 |
divisions (A)(1) and (F)(1) of this section; | 11651 |
(2) Character references from at least five reputable | 11652 |
citizens for the applicant or, in the case of a corporation, for | 11653 |
each officer or qualifying agent specified in the application as | 11654 |
satisfying the requirements of divisions (A)(1) and (F)(1) of this | 11655 |
section, each of whom has known the applicant, officer, or | 11656 |
qualifying agent for at least five years preceding the | 11657 |
application, and none of whom are connected with the applicant, | 11658 |
officer, or qualifying agent by blood or marriage; | 11659 |
(3) An examination fee of twenty-five dollars for the | 11660 |
applicant or, in the case of a corporation, for each officer or | 11661 |
qualifying agent specified in the application as satisfying the | 11662 |
requirements of divisions (A)(1) and (F)(1) of this section, and a | 11663 |
license fee in the amount the director determines, not to exceed | 11664 |
three hundred seventy-five dollars. The license fee shall be | 11665 |
refunded if a license is not issued. | 11666 |
(C)(1) Each individual applying for a license and each | 11667 |
individual specified by a corporation as an officer or qualifying | 11668 |
agent in an application shall submit one complete set of | 11669 |
fingerprints directly to the superintendent of the bureau of | 11670 |
criminal identification and investigation for the purpose of | 11671 |
conducting a criminal records check. The individual shall provide | 11672 |
the fingerprints using a method the superintendent prescribes | 11673 |
pursuant to division (C)(2) of section 109.572 of the Revised Code | 11674 |
and fill out the form the superintendent prescribes pursuant to | 11675 |
division (C)(1) of section 109.572 of the Revised Code. An | 11676 |
applicant who intends to carry a firearm as defined in section | 11677 |
2923.11 of the Revised Code in the course of business or | 11678 |
employment shall so notify the superintendent. This notification | 11679 |
is in addition to any other requirement related to carrying a | 11680 |
firearm that applies to the applicant. The individual or | 11681 |
corporation requesting the criminal records check shall pay the | 11682 |
fee the superintendent prescribes. | 11683 |
(2) The superintendent shall conduct the criminal records | 11684 |
check as set forth in division (B) of section 109.572 of the | 11685 |
Revised Code. If an applicant intends to carry a firearm in the | 11686 |
course of business or employment, the superintendent shall make a | 11687 |
request to the federal bureau of investigation for any information | 11688 |
and review the information the bureau provides pursuant to | 11689 |
division (B)(2) of section 109.572 of the Revised Code. The | 11690 |
superintendent shall submit all results of the completed | 11691 |
investigation to the director of public safety. | 11692 |
(3) If the director determines that the applicant, officer, | 11693 |
or qualifying agent meets the requirements of divisions (A)(1)(a), | 11694 |
(b), and (d) of this section and that an officer or qualifying | 11695 |
agent meets the requirement of division (F)(1) of this section, | 11696 |
the director shall notify the applicant, officer, or agent of the | 11697 |
time and place for the examination. If the director determines | 11698 |
that an applicant does not meet the requirements of divisions | 11699 |
(A)(1)(a), (b), and (d) of this section, the director shall notify | 11700 |
the applicant that the applicant's application is refused and | 11701 |
refund the license fee. If the director determines that none of | 11702 |
the individuals specified in the application of a corporation as | 11703 |
satisfying the requirements of divisions (A)(1) and (F)(1) of this | 11704 |
section meet the requirements of divisions (A)(1)(a), (b), and (d) | 11705 |
and (F)(1) of this section, the director shall notify the | 11706 |
corporation that its application is refused and refund the license | 11707 |
fee. If the bureau assesses the director a fee for any | 11708 |
investigation, the director, in addition to any other fee assessed | 11709 |
pursuant to this chapter, may assess the applicant, officer, or | 11710 |
qualifying agent, as appropriate, a fee that is equal to the fee | 11711 |
assessed by the bureau. | 11712 |
(4)(a) Subject to divisions (C)(4)(b), (c), and (d) of this | 11713 |
section, the director shall not adopt, maintain, renew, or enforce | 11714 |
any rule, or otherwise preclude in any way, an individual from | 11715 |
receiving or renewing a license under this chapter due to any past | 11716 |
criminal activity or interpretation of moral character, except as | 11717 |
pursuant to division (A)(1)(a) of this section. If the director | 11718 |
denies an individual a license or license renewal, the reasons for | 11719 |
such denial shall be put in writing. | 11720 |
(b) Except as otherwise provided in this division, if an | 11721 |
individual applying for a license has been convicted of or pleaded | 11722 |
guilty to a misdemeanor that is not a crime of moral turpitude or | 11723 |
a disqualifying offense less than one year prior to making the | 11724 |
application, the director may use the director's discretion in | 11725 |
granting or denying the individual a license. Except as otherwise | 11726 |
provided in this division, if an individual applying for a license | 11727 |
has been convicted of or pleaded guilty to a felony that is not a | 11728 |
crime of moral turpitude or a disqualifying offense less than | 11729 |
three years prior to making the application, the director may use | 11730 |
the director's discretion in granting or denying the individual a | 11731 |
license. The provisions in this paragraph do not apply with | 11732 |
respect to any offense unless the director, prior to the effective | 11733 |
date of this amendment, was required or authorized to deny the | 11734 |
application based on that offense. | 11735 |
In all other circumstances, the director shall follow the | 11736 |
procedures the director adopts by rule that conform to division | 11737 |
(C)(4)(a) of this section. | 11738 |
(c) In considering a renewal of an individual's license, the | 11739 |
director shall not consider any conviction or plea of guilty prior | 11740 |
to the initial licensing. However, the director may consider a | 11741 |
conviction or plea of guilty if it occurred after the individual | 11742 |
was initially licensed, or after the most recent license renewal. | 11743 |
(d) The director may grant an individual a conditional | 11744 |
license that lasts for one year. After the one-year period has | 11745 |
expired, the license is no longer considered conditional, and the | 11746 |
individual shall be considered fully licensed. | 11747 |
(D) If upon application, investigation, and examination, the | 11748 |
director finds that the applicant or, in the case of a | 11749 |
corporation, any officer or qualifying agent specified in the | 11750 |
application as satisfying the requirements of divisions (A)(1) and | 11751 |
(F)(1) of this section, meets the applicable requirements, the | 11752 |
director shall issue the applicant or the corporation a class A, | 11753 |
B, or C license. The director also shall issue an identification | 11754 |
card to an applicant, but not an officer or qualifying agent of a | 11755 |
corporation, who meets the applicable requirements. The license | 11756 |
and identification card shall state the licensee's name, the | 11757 |
classification of the license, the location of the licensee's | 11758 |
principal place of business in this state, and the expiration date | 11759 |
of the license, and, in the case of a corporation, it also shall | 11760 |
state the name of each officer or qualifying agent who satisfied | 11761 |
the requirements of divisions (A)(1) and (F)(1) of this section. | 11762 |
Licenses expire on the first day of March following the date | 11763 |
of initial issue, and on the first day of March of each year | 11764 |
thereafter. Annual renewals shall be according to the standard | 11765 |
renewal procedures contained in Chapter 4745. of the Revised Code, | 11766 |
upon payment of an annual renewal fee the director determines, not | 11767 |
to exceed two hundred seventy-five dollars. No license shall be | 11768 |
renewed if the licensee or, in the case of a corporation, each | 11769 |
officer or qualifying agent who qualified the corporation for | 11770 |
licensure no longer meets the applicable requirements of this | 11771 |
section. No license shall be renewed unless the licensee provides | 11772 |
evidence of workers' compensation risk coverage and unemployment | 11773 |
compensation insurance coverage, other than for clerical employees | 11774 |
and excepting sole proprietors who are exempted therefrom, as | 11775 |
provided for in Chapters 4123. and 4141. of the Revised Code, | 11776 |
respectively, as well as the licensee's state tax identification | 11777 |
number. No reexamination shall be required for renewal of a | 11778 |
current license. | 11779 |
For purposes of this chapter, a class A, B, or C license | 11780 |
issued to a corporation shall be considered as also having | 11781 |
licensed the individuals who qualified the corporation for | 11782 |
licensure, for as long as they are associated with the | 11783 |
corporation. | 11784 |
For purposes of this division, "sole proprietor" means an | 11785 |
individual licensed under this chapter who does not employ any | 11786 |
other individual. | 11787 |
(E) The director may issue a duplicate copy of a license | 11788 |
issued under this section for the purpose of replacement of a | 11789 |
lost, spoliated, or destroyed license, upon payment of a fee the | 11790 |
director determines, not exceeding twenty-five dollars. Any change | 11791 |
in license classification requires new application and application | 11792 |
fees. | 11793 |
(F)(1) In order to qualify a corporation for a class A, B, or | 11794 |
C license, an officer or qualifying agent may qualify another | 11795 |
corporation for similar licensure, provided that the officer or | 11796 |
qualifying agent is actively engaged in the business of both | 11797 |
corporations. | 11798 |
(2) Each officer or qualifying agent who qualifies a | 11799 |
corporation for class A, B, or C licensure shall surrender any | 11800 |
personal license of a similar nature that the officer or | 11801 |
qualifying agent possesses. | 11802 |
(3) Upon written notification to the director, completion of | 11803 |
an application similar to that for original licensure, surrender | 11804 |
of the corporation's current license, and payment of a | 11805 |
twenty-five-dollar fee, a corporation's class A, B, or C license | 11806 |
may be transferred to another corporation. | 11807 |
(4) Upon written notification to the director, completion of | 11808 |
an application similar to that for an individual seeking class A, | 11809 |
B, or C licensure, payment of a twenty-five-dollar fee, and, if | 11810 |
the individual was the only individual that qualified a | 11811 |
corporation for licensure, surrender of the corporation's license, | 11812 |
any officer or qualifying agent who qualified a corporation for | 11813 |
licensure under this chapter may obtain a similar license in the | 11814 |
individual's own name without reexamination. A request by an | 11815 |
officer or qualifying agent for an individual license shall not | 11816 |
affect a corporation's license unless the individual is the only | 11817 |
individual that qualified the corporation for licensure or all the | 11818 |
other individuals who qualified the corporation for licensure | 11819 |
submit such requests. | 11820 |
(G) If a corporation is for any reason no longer associated | 11821 |
with an individual who qualified it for licensure under this | 11822 |
chapter, an officer of the corporation shall notify the director | 11823 |
of that fact by certified mail, return receipt requested, within | 11824 |
ten days after the association terminates. If the notification is | 11825 |
so given, the individual was the only individual that qualified | 11826 |
the corporation for licensure, and the corporation submits the | 11827 |
name of another officer or qualifying agent to qualify the | 11828 |
corporation for the license within thirty days after the | 11829 |
association terminates, the corporation may continue to operate in | 11830 |
the business of private investigation, the business of security | 11831 |
services, or both businesses in this state under that license for | 11832 |
ninety days after the association terminates. If the officer or | 11833 |
qualifying agent whose name is submitted satisfies the | 11834 |
requirements of divisions (A)(1) and (F)(1) of this section, the | 11835 |
director shall issue a new license to the corporation within that | 11836 |
ninety-day period. The names of more than one individual may be | 11837 |
submitted. | 11838 |
Sec. 4749.04. (A) The director of public safety may revoke, | 11839 |
suspend, or refuse to renew, when a renewal form has been | 11840 |
submitted, the license of any private investigator or security | 11841 |
guard provider, or the registration of any employee of a private | 11842 |
investigator or security guard provider, for any of the following: | 11843 |
(1) Violation of any of the provisions of division (B) or (C) | 11844 |
of section 4749.13 of the Revised Code; | 11845 |
(2) Conviction of a | 11846 |
defined in section 4776.10 of the Revised Code if the offense | 11847 |
occurred within the last three years; | 11848 |
(3) Conviction of a crime involving moral turpitude as | 11849 |
defined in section 4776.10 of the Revised Code; | 11850 |
(4) Conviction of an offense that occurred after the | 11851 |
individual was initially licensed, or after the most recent | 11852 |
renewal. | 11853 |
| 11854 |
private investigators, the business of private investigation, | 11855 |
security guard providers, or the business of security services; | 11856 |
| 11857 |
in any judicial proceeding; | 11858 |
| 11859 |
division (D) of section 4749.03 of the Revised Code. | 11860 |
Any person whose license or registration is revoked, | 11861 |
suspended, or not renewed when a renewal form is submitted may | 11862 |
appeal in accordance with Chapter 119. of the Revised Code. | 11863 |
(B) In lieu of suspending, revoking, or refusing to renew the | 11864 |
class A, B, or C license, or of suspending, revoking, or refusing | 11865 |
to renew the registration of an employee of a class A, B, or C | 11866 |
licensee, the director may impose a civil penalty of not more than | 11867 |
one hundred dollars for each calendar day of a violation of any of | 11868 |
the provisions of this section or of division (B) or (C) of | 11869 |
section 4749.13 of the Revised Code or of a violation of any rule | 11870 |
of the director governing private investigators, the business of | 11871 |
private investigation, security guard providers, or the business | 11872 |
of security services. | 11873 |
Sec. 4749.06. (A) Each class A, B, or C licensee shall | 11874 |
register the licensee's investigator or security guard employees, | 11875 |
with the department of public safety, which shall maintain a | 11876 |
record of each licensee and registered employee and make it | 11877 |
available, upon request, to any law enforcement agency. The class | 11878 |
A, B, or C licensee shall file an application to register a new | 11879 |
employee no sooner than three days nor later than seven calendar | 11880 |
days after the date on which the employee is hired. | 11881 |
(B)(1) Each employee's registration application shall be | 11882 |
accompanied by one recent photograph of the employee, the | 11883 |
employee's physical description, and the registration fee the | 11884 |
director determines, not to exceed forty dollars. | 11885 |
(2) The employee shall submit one complete set of | 11886 |
fingerprints directly to the superintendent of the bureau of | 11887 |
criminal identification and investigation for the purpose of | 11888 |
conducting a criminal records check. The employee shall provide | 11889 |
the fingerprints using a method the superintendent prescribes | 11890 |
pursuant to division (C)(2) of section 109.572 of the Revised Code | 11891 |
and fill out the form the superintendent prescribes pursuant to | 11892 |
division (C)(1) of section 109.572 of the Revised Code. An | 11893 |
employee who intends to carry a firearm as defined in section | 11894 |
2923.11 of the Revised Code in the course of business or | 11895 |
employment shall so notify the superintendent. This notification | 11896 |
is in addition to any other requirement related to carrying a | 11897 |
firearm that applies to the employee. The individual or | 11898 |
corporation requesting the criminal records check shall pay the | 11899 |
fee the superintendent prescribes. | 11900 |
The superintendent shall conduct the criminal records check | 11901 |
as set forth in division (B) of section 109.572 of the Revised | 11902 |
Code. If an employee intends to carry a firearm in the course of | 11903 |
business or employment, pursuant to division (B)(2) of section | 11904 |
109.572 of the Revised Code the superintendent shall make a | 11905 |
request of the federal bureau of investigation for any information | 11906 |
and review the information the bureau provides. The superintendent | 11907 |
shall submit all results of the completed investigation to the | 11908 |
director of public safety. | 11909 |
(3) If, after investigation, the bureau finds that the | 11910 |
employee has not been convicted of a | 11911 |
as defined in section 4776.10 of the Revised Code within the last | 11912 |
11913 | |
identification card bearing the license number and signature of | 11914 |
the licensee, which in the case of a corporation shall be the | 11915 |
signature of its president or its qualifying agent, and containing | 11916 |
the employee's name, address, age, physical description, and right | 11917 |
thumb print or other identifying mark as the director prescribes, | 11918 |
a recent photograph of the employee, and the employee's signature. | 11919 |
The director may issue a duplicate of a lost, spoliated, or | 11920 |
destroyed identification card issued under this section, upon | 11921 |
payment of a fee fixed by the director, not exceeding five | 11922 |
dollars. | 11923 |
(C) Except as provided in division (E) of this section, no | 11924 |
class A, B, or C licensee shall permit an employee, other than an | 11925 |
individual who qualified a corporation for licensure, to engage in | 11926 |
the business of private investigation, the business of security | 11927 |
services, or both businesses until the employee receives an | 11928 |
identification card from the department, except that pending the | 11929 |
issuance of an identification card, a class A, B, or C licensee | 11930 |
may offer for hire security guard or investigator employees | 11931 |
provided the licensee obtains a waiver from the person who | 11932 |
receives, for hire, security guard or investigative services, | 11933 |
acknowledging that the person is aware the employees have not | 11934 |
completed their registration and agreeing to their employment. | 11935 |
(D) If a class A, B, or C licensee, or a registered employee | 11936 |
of a class A, B, or C licensee, intends to carry a firearm, as | 11937 |
defined in section 2923.11 of the Revised Code, in the course of | 11938 |
engaging in the business or employment, the licensee or registered | 11939 |
employee shall satisfactorily complete a firearms basic training | 11940 |
program that includes twenty hours of handgun training and five | 11941 |
hours of training in the use of other firearms, if any other | 11942 |
firearm is to be used, or equivalency training, if authorized, or | 11943 |
shall be a former peace officer who previously had successfully | 11944 |
completed a firearms training course, shall receive a certificate | 11945 |
of satisfactory completion of that program or written evidence of | 11946 |
approval of the equivalency training, shall file an application | 11947 |
for registration, shall receive a firearm-bearer notation on the | 11948 |
licensee's or registered employee's identification card, and shall | 11949 |
annually requalify on a firearms range, all as described in | 11950 |
division (A) of section 4749.10 of the Revised Code. A private | 11951 |
investigator, security guard provider, or employee is authorized | 11952 |
to carry a firearm only in accordance with that division. | 11953 |
(E) This section does not apply to commissioned peace | 11954 |
officers, as defined in division (B) of section 2935.01 of the | 11955 |
Revised Code, working for, either as an employee or independent | 11956 |
contractor, a class A, B, or C licensee. For purposes of this | 11957 |
chapter, a commissioned peace officer is an employee exempt from | 11958 |
registration. | 11959 |
(F) The registration of an investigator or security guard | 11960 |
employee expires annually on the anniversary date of its initial | 11961 |
issuance. Annual renewals shall be made pursuant to procedures the | 11962 |
director establishes by rule and upon payment of a renewal fee the | 11963 |
director determines, not to exceed thirty-five dollars. The | 11964 |
director shall not renew the registration of any investigator or | 11965 |
security guard employee who no longer meets the requirements of | 11966 |
this section. No background check is required for annual renewal, | 11967 |
but an investigator or security guard employee shall report any | 11968 |
11969 | |
the director of public safety as a condition of continued | 11970 |
registration. | 11971 |
Sec. 4776.021. (A) As used in this section and section | 11972 |
4776.04 of the Revised Code, "trainee license" means a license, | 11973 |
certificate, registration, permit, card, or other authority that | 11974 |
is issued or conferred by any agency described in division (B) of | 11975 |
this section that authorizes the holder to engage as a trainee in | 11976 |
a profession, occupation, or occupational activity, or to operate | 11977 |
as a trainee certain specific equipment, machinery, or premises, | 11978 |
over which the agency described in division (B) of this section | 11979 |
has jurisdiction. | 11980 |
(B) Except as provided in division (E) of this section, if | 11981 |
any licensing agency issues trainee licenses, or if any agency | 11982 |
that issues licenses under Chapter 3772., 4729., 4738., 4747., or | 11983 |
4749. of the Revised Code issues trainee licenses, an applicant | 11984 |
for a trainee license from the licensing agency or other specified | 11985 |
agency, in addition to any other eligibility requirements for the | 11986 |
license, shall submit a request to the bureau of criminal | 11987 |
identification and investigation for a criminal records check of | 11988 |
the applicant. Division (A) of section 4776.02 of the Revised Code | 11989 |
applies with respect to a request required under this division. | 11990 |
(C) Upon receipt of the completed form, the set of | 11991 |
fingerprint impressions, and the fee provided for in division (B) | 11992 |
of this section and division (A) of section 4776.02 of the Revised | 11993 |
Code, the superintendent of the bureau of criminal identification | 11994 |
and investigation shall conduct a criminal records check of the | 11995 |
applicant under division (B) of section 109.572 of the Revised | 11996 |
Code. Upon completion of the criminal records check, the | 11997 |
superintendent shall report the results of the criminal records | 11998 |
check and any information the federal bureau of investigation | 11999 |
provides to the licensing agency or the agency that issues | 12000 |
licenses under Chapter 3772., 4729., 4738., 4747., or 4749. of the | 12001 |
Revised Code that was identified in the request for a criminal | 12002 |
records check. | 12003 |
(D) Except as provided in division (E) of this section, no | 12004 |
licensing agency that issues trainee licenses, and no agency that | 12005 |
issues licenses under Chapter 3772., 4729., 4738., 4747., or 4749. | 12006 |
of the Revised Code and that issues trainee licenses shall issue a | 12007 |
trainee license to an applicant if the licensing agency or other | 12008 |
agency determines that the applicant would not be eligible for | 12009 |
issuance of a license, certificate, registration, permit, card, or | 12010 |
other authority to engage in the profession, occupation, or | 12011 |
occupational activity for which the trainee license would apply, | 12012 |
or for issuance of a license, certificate, registration, permit, | 12013 |
card, or other authority to operate certain specific equipment, | 12014 |
machinery, or premises with respect to which the trainee license | 12015 |
would apply, whichever is applicable. | 12016 |
(E) Divisions (B) to (D) of this section do not apply with | 12017 |
respect to any person who is participating in an apprenticeship or | 12018 |
training program operated by or under contract with the department | 12019 |
of rehabilitation and correction. | 12020 |
Sec. 4776.04. The results of any criminal records check | 12021 |
conducted pursuant to a request made under this chapter and any | 12022 |
report containing those results, including any information the | 12023 |
federal bureau of investigation provides, are not public records | 12024 |
for purposes of section 149.43 of the Revised Code and shall not | 12025 |
be made available to any person or for any purpose other than as | 12026 |
follows: | 12027 |
(A) If the request for the criminal records check was | 12028 |
submitted by an applicant for an initial license or restored | 12029 |
license, as follows: | 12030 |
(1) The superintendent of the bureau of criminal | 12031 |
identification and investigation shall make the results available | 12032 |
to the licensing agency for use in determining, under the agency's | 12033 |
authorizing chapter of the Revised Code, whether the applicant who | 12034 |
is the subject of the criminal records check should be granted a | 12035 |
license under that chapter. | 12036 |
(2) The licensing agency shall make the results available to | 12037 |
the applicant who is the subject of the criminal records check. | 12038 |
(B) If the request for the criminal records check was | 12039 |
submitted by a person seeking to satisfy the criteria for being a | 12040 |
qualified pharmacy technician that are specified in section | 12041 |
4729.42 of the Revised Code or a person seeking to satisfy the | 12042 |
requirements to be an employee of a pain management clinic as | 12043 |
specified in section 4729.552 of the Revised Code, the | 12044 |
superintendent of the bureau of criminal identification and | 12045 |
investigation shall make the results available in accordance with | 12046 |
the following: | 12047 |
(1) The superintendent shall make the results of the criminal | 12048 |
records check, including any information the federal bureau of | 12049 |
investigation provides, available to the person who submitted the | 12050 |
request and is the subject of the criminal records check. | 12051 |
(2) The superintendent shall make the results of the portion | 12052 |
of the criminal records check performed by the bureau of criminal | 12053 |
identification and investigation under division (B)(1) of section | 12054 |
109.572 of the Revised Code available to the employer or potential | 12055 |
employer specified in the request of the person who submitted the | 12056 |
request and shall send a letter of the type described in division | 12057 |
(B)(2) of section 4776.02 of the Revised Code to that employer or | 12058 |
potential employer regarding the information provided by the | 12059 |
federal bureau of investigation that contains one of the types of | 12060 |
statements described in that division. | 12061 |
(C) If the request for the criminal records check was | 12062 |
submitted by an applicant for a trainee license under section | 12063 |
4776.021 of the Revised Code, as follows: | 12064 |
(1) The superintendent of the bureau of criminal | 12065 |
identification and investigation shall make the results available | 12066 |
to the licensing agency or other agency identified in division (B) | 12067 |
of section 4776.021 of the Revised Code for use in determining, | 12068 |
under the agency's authorizing chapter of the Revised Code and | 12069 |
division (D) of section 4776.021 of the Revised Code, whether the | 12070 |
applicant who is the subject of the criminal records check should | 12071 |
be granted a trainee license under that chapter and that division. | 12072 |
(2) The licensing agency or other agency identified in | 12073 |
division (B) of section 4776.021 of the Revised Code shall make | 12074 |
the results available to the applicant who is the subject of the | 12075 |
criminal records check. | 12076 |
Sec. 4776.10. As used in Chapters 4713., 4738., 4740., 4747., | 12077 |
and 4749. and sections 4725.40 to 4725.59 of the Revised Code: | 12078 |
(A) "Crime of moral turpitude" or "moral turpitude" means all | 12079 |
of the following: | 12080 |
(1) A violation of section 2903.01 or 2903.02 of the Revised | 12081 |
Code; | 12082 |
(2) A sexually oriented offense as defined in section 2950.01 | 12083 |
of the Revised Code; | 12084 |
(3) An offense that is an offense of violence as defined in | 12085 |
section 2901.01 of the Revised Code, if the offense is a felony of | 12086 |
the first or second degree; | 12087 |
(4) Complicity in committing an offense described in division | 12088 |
(A)(1) of this section; | 12089 |
(5) An attempt or conspiracy to commit or complicity in | 12090 |
committing any offense described in division (A)(1), (2), (3), or | 12091 |
(4) of this section if the attempt, conspiracy, or complicity is a | 12092 |
felony of the first or second degree; | 12093 |
(6) A violation of any former law of this state, any existing | 12094 |
or former law applicable in a military court or in an Indian | 12095 |
tribal court, or any existing or former law of any nation other | 12096 |
than the United States that is or was substantially equivalent to | 12097 |
any offense listed in division (A)(1), (2), (3), (4), or (5) of | 12098 |
this section. | 12099 |
(B) "Direct nexus" means that the nature of the offense for | 12100 |
which the individual was convicted or to which the individual | 12101 |
pleaded guilty has a direct bearing on the fitness or ability of | 12102 |
the individual to perform one or more of the duties or | 12103 |
responsibilities necessarily related to a particular occupation, | 12104 |
profession, or trade. | 12105 |
(C) "Disqualifying offense" means an offense that is a felony | 12106 |
and that has a direct nexus to an individual's proposed or current | 12107 |
field of licensure, certification, or employment. | 12108 |
Sec. 5111.032. (A) As used in this section: | 12109 |
(1) "Criminal records check" has the same meaning as in | 12110 |
section 109.572 of the Revised Code. | 12111 |
(2) "Department" includes a designee of the department of job | 12112 |
and family services. | 12113 |
(3) "Owner" means a person who has an ownership interest in a | 12114 |
provider in an amount designated by the department of job and | 12115 |
family services in rules adopted under this section. | 12116 |
(4) "Provider" means a person, institution, or entity that | 12117 |
has a provider agreement with the department of job and family | 12118 |
services pursuant to Title XIX of the "Social Security Act," 49 | 12119 |
12120 |
(B)(1) Except as provided in division (B)(2) of this section, | 12121 |
the department of job and family services may require that any | 12122 |
provider, applicant to be a provider, employee or prospective | 12123 |
employee of a provider, owner or prospective owner of a provider, | 12124 |
officer or prospective officer of a provider, or board member or | 12125 |
prospective board member of a provider submit to a criminal | 12126 |
records check as a condition of obtaining a provider agreement, | 12127 |
continuing to hold a provider agreement, being employed by a | 12128 |
provider, having an ownership interest in a provider, or being an | 12129 |
officer or board member of a provider. The department may | 12130 |
designate the categories of persons who are subject to the | 12131 |
criminal records check requirement. The department shall designate | 12132 |
the times at which the criminal records checks must be conducted. | 12133 |
(2) The section does not apply to providers, applicants to be | 12134 |
providers, employees of a provider, or prospective employees of a | 12135 |
provider who are subject to criminal records checks under section | 12136 |
5111.033 or 5111.034 of the Revised Code. | 12137 |
(C)(1) The department shall inform each provider or applicant | 12138 |
to be a provider whether the provider or applicant is subject to a | 12139 |
criminal records check requirement under division (B) of this | 12140 |
section. For providers, the information shall be given at times | 12141 |
designated in rules adopted under this section. For applicants to | 12142 |
be providers, the information shall be given at the time of | 12143 |
initial application. When the information is given, the department | 12144 |
shall specify which of the provider's or applicant's employees or | 12145 |
prospective employees, owners or prospective owners, officers or | 12146 |
prospective officers, or board members or prospective board | 12147 |
members are subject to the criminal records check requirement. | 12148 |
(2) At times designated in rules adopted under this section, | 12149 |
a provider that is subject to the criminal records check | 12150 |
requirement shall inform each person specified by the department | 12151 |
under division (C)(1) of this section that the person is required, | 12152 |
as applicable, to submit to a criminal records check for final | 12153 |
consideration for employment in a full-time, part-time, or | 12154 |
temporary position; as a condition of continued employment; or as | 12155 |
a condition of becoming or continuing to be an officer, board | 12156 |
member or owner of a provider. | 12157 |
(D)(1) If a provider or applicant to be a provider is subject | 12158 |
to a criminal records check under this section, the department | 12159 |
shall require the conduct of a criminal records check by the | 12160 |
superintendent of the bureau of criminal identification and | 12161 |
investigation. If a provider or applicant to be a provider for | 12162 |
whom a criminal records check is required does not present proof | 12163 |
of having been a resident of this state for the five-year period | 12164 |
immediately prior to the date the criminal records check is | 12165 |
requested or provide evidence that within that five-year period | 12166 |
the superintendent has requested information about the individual | 12167 |
from the federal bureau of investigation in a criminal records | 12168 |
check, the department shall require the provider or applicant to | 12169 |
request that the superintendent obtain information from the | 12170 |
federal bureau of investigation as part of the criminal records | 12171 |
check of the provider or applicant. Even if a provider or | 12172 |
applicant for whom a criminal records check request is required | 12173 |
presents proof of having been a resident of this state for the | 12174 |
five-year period, the department may require that the provider or | 12175 |
applicant request that the superintendent obtain information from | 12176 |
the federal bureau of investigation and include it in the criminal | 12177 |
records check of the provider or applicant. | 12178 |
(2) A provider shall require the conduct of a criminal | 12179 |
records check by the superintendent with respect to each of the | 12180 |
persons specified by the department under division (C)(1) of this | 12181 |
section. If the person for whom a criminal records check is | 12182 |
required does not present proof of having been a resident of this | 12183 |
state for the five-year period immediately prior to the date the | 12184 |
criminal records check is requested or provide evidence that | 12185 |
within that five-year period the superintendent of the bureau of | 12186 |
criminal identification and investigation has requested | 12187 |
information about the individual from the federal bureau of | 12188 |
investigation in a criminal records check, the individual shall | 12189 |
request that the superintendent obtain information from the | 12190 |
federal bureau of investigation as part of the criminal records | 12191 |
check of the individual. Even if an individual for whom a criminal | 12192 |
records check request is required presents proof of having been a | 12193 |
resident of this state for the five-year period, the department | 12194 |
may require the provider to request that the superintendent obtain | 12195 |
information from the federal bureau of investigation and include | 12196 |
it in the criminal records check of the person. | 12197 |
(E)(1) Criminal records checks required under this section | 12198 |
for providers or applicants to be providers shall be obtained as | 12199 |
follows: | 12200 |
(a) The department shall provide each provider or applicant | 12201 |
information about accessing and completing the form prescribed | 12202 |
pursuant to division (C)(1) of section 109.572 of the Revised Code | 12203 |
and the standard fingerprint impression sheet prescribed pursuant | 12204 |
to division (C)(2) of that section. | 12205 |
(b) The provider or applicant shall submit the required form | 12206 |
and one complete set of fingerprint impressions directly to the | 12207 |
superintendent for purposes of conducting the criminal records | 12208 |
check using the applicable methods prescribed by division (C) of | 12209 |
section 109.572 of the Revised Code. The applicant or provider | 12210 |
shall pay all fees associated with obtaining the criminal records | 12211 |
check. | 12212 |
(c) The superintendent shall conduct the criminal records | 12213 |
check in accordance with section 109.572 of the Revised Code. The | 12214 |
provider or applicant shall instruct the superintendent to submit | 12215 |
the report of the criminal records check directly to the director | 12216 |
of job and family services. | 12217 |
(2) Criminal records checks required under this section for | 12218 |
persons specified by the department under division (C)(1) of this | 12219 |
section shall be obtained as follows: | 12220 |
(a) The provider shall give to each person subject to | 12221 |
criminal records check requirement information about accessing and | 12222 |
completing the form prescribed pursuant to division (C)(1) of | 12223 |
section 109.572 of the Revised Code and the standard fingerprint | 12224 |
impression sheet prescribed pursuant to division (C)(2) of that | 12225 |
section. | 12226 |
(b) The person shall submit the required form and one | 12227 |
complete set of fingerprint impressions directly to the | 12228 |
superintendent for purposes of conducting the criminal records | 12229 |
check using the applicable methods prescribed by division (C) of | 12230 |
section 109.572 of the Revised Code. The person shall pay all fees | 12231 |
associated with obtaining the criminal records check. | 12232 |
(c) The superintendent shall conduct the criminal records | 12233 |
check in accordance with section 109.572 of the Revised Code. The | 12234 |
person subject to the criminal records check shall instruct the | 12235 |
superintendent to submit the report of the criminal records check | 12236 |
directly to the provider. The department may require the provider | 12237 |
to submit the report to the department. | 12238 |
(F) If a provider or applicant to be a provider is given the | 12239 |
information specified in division (E)(1)(a) of this section but | 12240 |
fails to obtain a criminal records check, the department shall, as | 12241 |
applicable, terminate the provider agreement or deny the | 12242 |
application to be a provider. | 12243 |
If a person is given the information specified in division | 12244 |
(E)(2)(a) of this section but fails to obtain a criminal records | 12245 |
check, the provider shall not, as applicable, permit the person to | 12246 |
be an employee, owner, officer, or board member of the provider. | 12247 |
(G) Except as provided in rules adopted under division (J) of | 12248 |
this section, the department shall terminate the provider | 12249 |
agreement of a provider or the department shall not issue a | 12250 |
provider agreement to an applicant if the provider or applicant is | 12251 |
subject to a criminal records check under this section and the | 12252 |
provider or applicant has been convicted of, has pleaded guilty | 12253 |
to, or has been found eligible for intervention in lieu of | 12254 |
conviction for any of the following, regardless of the date of the | 12255 |
conviction, the date of entry of the guilty plea, or the date the | 12256 |
applicant or provider was found eligible for intervention in lieu | 12257 |
of conviction: | 12258 |
(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 12259 |
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 12260 |
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 12261 |
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 12262 |
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 12263 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 12264 |
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 12265 |
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 12266 |
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 12267 |
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 12268 |
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 12269 |
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 12270 |
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 12271 |
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 12272 |
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141, | 12273 |
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code, | 12274 |
felonious sexual penetration in violation of former section | 12275 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 12276 |
Revised Code as it existed prior to July 1, 1996, a violation of | 12277 |
section 2919.23 of the Revised Code that would have been a | 12278 |
violation of section 2905.04 of the Revised Code as it existed | 12279 |
prior to July 1, 1996, had the violation been committed prior to | 12280 |
that date; | 12281 |
(2) A violation of an existing or former municipal ordinance | 12282 |
or law of this state, any other state, or the United States that | 12283 |
is substantially equivalent to any of the offenses listed in | 12284 |
division (G)(1) of this section. | 12285 |
(H)(1)(a) Except as provided in rules adopted under division | 12286 |
(J) of this section and subject to division (H)(2) of this | 12287 |
section, no provider shall permit a person to be an employee, | 12288 |
owner, officer, or board member of the provider if the person is | 12289 |
subject to a criminal records check under this section and the | 12290 |
person has been convicted of, has pleaded guilty to, or has been | 12291 |
found eligible for intervention in lieu of conviction for any of | 12292 |
the offenses specified in division (G)(1) or (2) of this section. | 12293 |
(b) No provider shall employ a person who has been excluded | 12294 |
from participating in the medicaid program, the medicare program | 12295 |
operated pursuant to Title XVIII of the "Social Security Act," or | 12296 |
any other federal health care program. | 12297 |
(2)(a) A provider may employ conditionally a person for whom | 12298 |
a criminal records check is required under this section prior to | 12299 |
obtaining the results of a criminal records check regarding the | 12300 |
person, but only if the person submits a request for a criminal | 12301 |
records check not later than five business days after the | 12302 |
individual begins conditional employment. | 12303 |
(b) A provider that employs a person conditionally under | 12304 |
authority of division (H)(2)(a) of this section shall terminate | 12305 |
the person's employment if the results of the criminal records | 12306 |
check request are not obtained within the period ending sixty days | 12307 |
after the date the request is made. Regardless of when the results | 12308 |
of the criminal records check are obtained, if the results | 12309 |
indicate that the individual has been convicted of, has pleaded | 12310 |
guilty to, or has been found eligible for intervention in lieu of | 12311 |
conviction for any of the offenses specified in division (G)(1) or | 12312 |
(2) of this section, the provider shall terminate the person's | 12313 |
employment unless the provider chooses to employ the individual | 12314 |
pursuant to division (J) of this section. | 12315 |
(I) The report of a criminal records check conducted pursuant | 12316 |
to this section is not a public record for the purposes of section | 12317 |
149.43 of the Revised Code and shall not be made available to any | 12318 |
person other than the following: | 12319 |
(1) The person who is the subject of the criminal records | 12320 |
check or the person's representative; | 12321 |
(2) The director of job and family services and the staff of | 12322 |
the department in the administration of the medicaid program; | 12323 |
(3) A court, hearing officer, or other necessary individual | 12324 |
involved in a case dealing with the denial or termination of a | 12325 |
provider agreement; | 12326 |
(4) A court, hearing officer, or other necessary individual | 12327 |
involved in a case dealing with a person's denial of employment, | 12328 |
termination of employment, or employment or unemployment benefits. | 12329 |
(J) The department may adopt rules in accordance with Chapter | 12330 |
119. of the Revised Code to implement this section. The rules may | 12331 |
specify circumstances under which the department may continue a | 12332 |
provider agreement or issue a provider agreement to an applicant | 12333 |
when the provider or applicant has been convicted of, has pleaded | 12334 |
guilty to, or has been found eligible for intervention in lieu of | 12335 |
conviction for any of the offenses specified in division (G)(1) or | 12336 |
(2) of this section. The rules may also specify circumstances | 12337 |
under which a provider may permit a person to be an employee, | 12338 |
owner, officer, or board member of the provider, when the person | 12339 |
has been convicted of, has pleaded guilty to, or has been found | 12340 |
eligible for intervention in lieu of conviction for any of the | 12341 |
offenses specified in division (G)(1) or (2) of this section. | 12342 |
Sec. 5111.033. (A) As used in this section: | 12343 |
(1) "Applicant" means a person who is under final | 12344 |
consideration for employment or, after September 26, 2003, an | 12345 |
existing employee with a waiver agency in a full-time, part-time, | 12346 |
or temporary position that involves providing home and | 12347 |
community-based waiver services to a person with disabilities. | 12348 |
"Applicant" also means an existing employee with a waiver agency | 12349 |
in a full-time, part-time, or temporary position that involves | 12350 |
providing home and community-based waiver services to a person | 12351 |
with disabilities after September 26, 2003. | 12352 |
(2) "Criminal records check" has the same meaning as in | 12353 |
section 109.572 of the Revised Code. | 12354 |
(3) "Waiver agency" means a person or government entity that | 12355 |
is not certified under the medicare program and is accredited by | 12356 |
the community health accreditation program or the joint commission | 12357 |
on accreditation of health care organizations or a company that | 12358 |
provides home and community-based waiver services to persons with | 12359 |
disabilities through department of job and family services | 12360 |
administered home and community-based waiver programs. | 12361 |
(4) "Home and community-based waiver services" means services | 12362 |
furnished under the provision of 42 C.F.R. 441, subpart G, that | 12363 |
permit individuals to live in a home setting rather than a nursing | 12364 |
facility or hospital. Home and community-based waiver services are | 12365 |
approved by the centers for medicare and medicaid for specific | 12366 |
populations and are not otherwise available under the medicaid | 12367 |
state plan. | 12368 |
(B)(1) The chief administrator of a waiver agency shall | 12369 |
require each applicant to request that the superintendent of the | 12370 |
bureau of criminal identification and investigation conduct a | 12371 |
criminal records check with respect to the applicant. If an | 12372 |
applicant for whom a criminal records check request is required | 12373 |
under this division does not present proof of having been a | 12374 |
resident of this state for the five-year period immediately prior | 12375 |
to the date the criminal records check is requested or provide | 12376 |
evidence that within that five-year period the superintendent has | 12377 |
requested information about the applicant from the federal bureau | 12378 |
of investigation in a criminal records check, the chief | 12379 |
administrator shall require the applicant to request that the | 12380 |
superintendent obtain information from the federal bureau of | 12381 |
investigation as part of the criminal records check of the | 12382 |
applicant. Even if an applicant for whom a criminal records check | 12383 |
request is required under this division presents proof of having | 12384 |
been a resident of this state for the five-year period, the chief | 12385 |
administrator may require the applicant to request that the | 12386 |
superintendent include information from the federal bureau of | 12387 |
investigation in the criminal records check. | 12388 |
(2) The chief administrator shall provide the following to | 12389 |
each applicant for whom a criminal records check request is | 12390 |
required under division (B)(1) of this section: | 12391 |
(a) Information about accessing, completing, and forwarding | 12392 |
to the superintendent of the bureau of criminal identification and | 12393 |
investigation the form prescribed pursuant to division (C)(1) of | 12394 |
section 109.572 of the Revised Code and the standard fingerprint | 12395 |
impression sheet prescribed pursuant to division (C)(2) of that | 12396 |
section; | 12397 |
(b) Written notification that the applicant is to instruct | 12398 |
the superintendent to submit the completed report of the criminal | 12399 |
records check directly to the chief administrator. | 12400 |
(3) An applicant given information and notification under | 12401 |
divisions (B)(2)(a) and (b) of this section who fails to access, | 12402 |
complete, and forward to the superintendent the form or the | 12403 |
standard fingerprint impression sheet, or who fails to instruct | 12404 |
the superintendent to submit the completed report of the criminal | 12405 |
records check directly to the chief administrator, shall not be | 12406 |
employed in any position in a waiver agency for which a criminal | 12407 |
records check is required by this section. | 12408 |
(C)(1) Except as provided in rules adopted by the department | 12409 |
of job and family services in accordance with division (F) of this | 12410 |
section and subject to division (C)(2) of this section, no waiver | 12411 |
agency shall employ a person in a position that involves providing | 12412 |
home and community-based waiver services to persons with | 12413 |
disabilities if the person has been convicted of, has pleaded | 12414 |
guilty to, or has been found eligible for intervention in lieu of | 12415 |
conviction for any of the following, regardless of the date of the | 12416 |
conviction, the date of entry of the guilty plea, or the date the | 12417 |
person was found eligible for intervention in lieu of conviction: | 12418 |
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 12419 |
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 12420 |
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 12421 |
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 12422 |
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 12423 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 12424 |
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 12425 |
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 12426 |
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 12427 |
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 12428 |
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 12429 |
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 12430 |
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 12431 |
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 12432 |
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141, | 12433 |
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code, | 12434 |
felonious sexual penetration in violation of former section | 12435 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 12436 |
Revised Code as it existed prior to July 1, 1996, a violation of | 12437 |
section 2919.23 of the Revised Code that would have been a | 12438 |
violation of section 2905.04 of the Revised Code as it existed | 12439 |
prior to July 1, 1996, had the violation been committed prior to | 12440 |
that date; | 12441 |
(b) A violation of an existing or former municipal ordinance | 12442 |
or law of this state, any other state, or the United States that | 12443 |
is substantially equivalent to any of the offenses listed in | 12444 |
division (C)(1)(a) of this section. | 12445 |
(2)(a) A waiver agency may employ conditionally an applicant | 12446 |
for whom a criminal records check request is required under | 12447 |
division (B) of this section prior to obtaining the results of a | 12448 |
criminal records check regarding the individual, provided that the | 12449 |
agency shall require the individual to request a criminal records | 12450 |
check regarding the individual in accordance with division (B)(1) | 12451 |
of this section not later than five business days after the | 12452 |
individual begins conditional employment. | 12453 |
(b) A waiver agency that employs an individual conditionally | 12454 |
under authority of division (C)(2)(a) of this section shall | 12455 |
terminate the individual's employment if the results of the | 12456 |
criminal records check request under division (B) of this section, | 12457 |
other than the results of any request for information from the | 12458 |
federal bureau of investigation, are not obtained within the | 12459 |
period ending sixty days after the date the request is made. | 12460 |
Regardless of when the results of the criminal records check are | 12461 |
obtained, if the results indicate that the individual has been | 12462 |
convicted of, has pleaded guilty to, or has been found eligible | 12463 |
for intervention in lieu of conviction for any of the offenses | 12464 |
listed or described in division (C)(1) of this section, the agency | 12465 |
shall terminate the individual's employment unless the agency | 12466 |
chooses to employ the individual pursuant to division (F) of this | 12467 |
section. | 12468 |
(D)(1) The fee prescribed pursuant to division (C)(3) of | 12469 |
section 109.572 of the Revised Code for each criminal records | 12470 |
check conducted pursuant to a request made under division (B) of | 12471 |
this section shall be paid to the bureau of criminal | 12472 |
identification and investigation by the applicant or the waiver | 12473 |
agency. | 12474 |
(2) If a waiver agency pays the fee, it may charge the | 12475 |
applicant a fee not exceeding the amount the agency pays under | 12476 |
division (D)(1) of this section. An agency may collect a fee only | 12477 |
if the agency notifies the person at the time of initial | 12478 |
application for employment of the amount of the fee and that, | 12479 |
unless the fee is paid, the person will not be considered for | 12480 |
employment. | 12481 |
(E) The report of any criminal records check conducted | 12482 |
pursuant to a request made under this section is not a public | 12483 |
record for the purposes of section 149.43 of the Revised Code and | 12484 |
shall not be made available to any person other than the | 12485 |
following: | 12486 |
(1) The individual who is the subject of the criminal records | 12487 |
check or the individual's representative; | 12488 |
(2) The chief administrator of the agency requesting the | 12489 |
criminal records check or the administrator's representative; | 12490 |
(3) An administrator at the department; | 12491 |
(4) A court, hearing officer, or other necessary individual | 12492 |
involved in a case dealing with a denial of employment of the | 12493 |
applicant or dealing with employment or unemployment benefits of | 12494 |
the applicant. | 12495 |
(F) The department shall adopt rules in accordance with | 12496 |
Chapter 119. of the Revised Code to implement this section. The | 12497 |
rules shall specify circumstances under which a waiver agency may | 12498 |
employ a person who has been convicted of, has pleaded guilty to, | 12499 |
or has been found eligible for intervention in lieu of conviction | 12500 |
for an offense listed or described in division (C)(1) of this | 12501 |
section. | 12502 |
(G) The chief administrator of a waiver agency shall inform | 12503 |
each person, at the time of initial application for a position | 12504 |
that involves providing home and community-based waiver services | 12505 |
to a person with a disability, that the person is required to | 12506 |
provide a set of fingerprint impressions and that a criminal | 12507 |
records check is required to be conducted if the person comes | 12508 |
under final consideration for employment. | 12509 |
(H)(1) A person who, on September 26, 2003, is an employee of | 12510 |
a waiver agency in a full-time, part-time, or temporary position | 12511 |
that involves providing home and community-based waiver services | 12512 |
to a person with disabilities shall comply with this section | 12513 |
within sixty days after September 26, 2003, unless division (H)(2) | 12514 |
of this section applies. | 12515 |
(2) This section shall not apply to a person to whom all of | 12516 |
the following apply: | 12517 |
(a) On September 26, 2003, the person is an employee of a | 12518 |
waiver agency in a full-time, part-time, or temporary position | 12519 |
that involves providing home and community-based waiver services | 12520 |
to a person with disabilities. | 12521 |
(b) The person previously had been the subject of a criminal | 12522 |
background check relating to that position; | 12523 |
(c) The person has been continuously employed in that | 12524 |
position since that criminal background check had been conducted. | 12525 |
Sec. 5111.034. (A) As used in this section: | 12526 |
(1) "Anniversary date" means the later of the effective date | 12527 |
of the provider agreement relating to the independent provider or | 12528 |
sixty days after September 26, 2003. | 12529 |
(2) "Criminal records check" has the same meaning as in | 12530 |
section 109.572 of the Revised Code. | 12531 |
(3) "Department" includes a designee of the department of job | 12532 |
and family services. | 12533 |
(4) "Independent provider" means a person who is submitting | 12534 |
an application for a provider agreement or who has a provider | 12535 |
agreement as an independent provider in a department of job and | 12536 |
family services administered home and community-based services | 12537 |
program providing home and community-based waiver services to | 12538 |
consumers with disabilities. | 12539 |
(5) "Home and community-based waiver services" has the same | 12540 |
meaning as in section 5111.033 of the Revised Code. | 12541 |
(B)(1) The department of job and family services shall inform | 12542 |
each independent provider, at the time of initial application for | 12543 |
a provider agreement that involves providing home and | 12544 |
community-based waiver services to consumers with disabilities, | 12545 |
that the independent provider is required to provide a set of | 12546 |
fingerprint impressions and that a criminal records check is | 12547 |
required to be conducted if the person is to become an independent | 12548 |
provider in a department administered home and community-based | 12549 |
waiver program. | 12550 |
(2) Beginning on September 26, 2003, the department shall | 12551 |
inform each enrolled medicaid independent provider on or before | 12552 |
time of the anniversary date of the provider agreement that | 12553 |
involves providing home and community-based waiver services to | 12554 |
consumers with disabilities that the independent provider is | 12555 |
required to provide a set of fingerprint impressions and that a | 12556 |
criminal records check is required to be conducted. | 12557 |
(C)(1) The department shall require the independent provider | 12558 |
to complete a criminal records check prior to entering into a | 12559 |
provider agreement with the independent provider and at least | 12560 |
annually thereafter. If an independent provider for whom a | 12561 |
criminal records check is required under this division does not | 12562 |
present proof of having been a resident of this state for the | 12563 |
five-year period immediately prior to the date the criminal | 12564 |
records check is requested or provide evidence that within that | 12565 |
five-year period the superintendent of the bureau of criminal | 12566 |
identification and investigation has requested information about | 12567 |
the independent provider from the federal bureau of investigation | 12568 |
in a criminal records check, the department shall request that the | 12569 |
independent provider obtain through the superintendent a criminal | 12570 |
records request from the federal bureau of investigation as part | 12571 |
of the criminal records check of the independent provider. Even if | 12572 |
an independent provider for whom a criminal records check request | 12573 |
is required under this division presents proof of having been a | 12574 |
resident of this state for the five-year period, the department | 12575 |
may request that the independent provider obtain information | 12576 |
through the superintendent from the federal bureau of | 12577 |
investigation in the criminal records check. | 12578 |
(2) The department shall provide the following to each | 12579 |
independent provider for whom a criminal records check request is | 12580 |
required under division (C)(1) of this section: | 12581 |
(a) Information about accessing, completing, and forwarding | 12582 |
to the superintendent of the bureau of criminal identification and | 12583 |
investigation the form prescribed pursuant to division (C)(1) of | 12584 |
section 109.572 of the Revised Code and the standard fingerprint | 12585 |
impression sheet prescribed pursuant to division (C)(2) of that | 12586 |
section; | 12587 |
(b) Written notification that the independent provider is to | 12588 |
instruct the superintendent to submit the completed report of the | 12589 |
criminal records check directly to the department. | 12590 |
(3) An independent provider given information and | 12591 |
notification under divisions (C)(2)(a) and (b) of this section who | 12592 |
fails to access, complete, and forward to the superintendent the | 12593 |
form or the standard fingerprint impression sheet, or who fails to | 12594 |
instruct the superintendent to submit the completed report of the | 12595 |
criminal records check directly to the department, shall not be | 12596 |
approved as an independent provider. | 12597 |
(D) Except as provided in rules adopted by the department in | 12598 |
accordance with division (G) of this section, the department shall | 12599 |
not issue a new provider agreement to, and shall terminate an | 12600 |
existing provider agreement of, an independent provider if the | 12601 |
person has been convicted of, has pleaded guilty to, or has been | 12602 |
found eligible for intervention in lieu of conviction for any of | 12603 |
the following, regardless of the date of the conviction, the date | 12604 |
of entry of the guilty plea, or the date the person was found | 12605 |
eligible for intervention in lieu of conviction: | 12606 |
(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 12607 |
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 12608 |
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 12609 |
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 12610 |
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 12611 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 12612 |
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 12613 |
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 12614 |
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 12615 |
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 12616 |
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 12617 |
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 12618 |
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 12619 |
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 12620 |
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141, | 12621 |
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code, | 12622 |
felonious sexual penetration in violation of former section | 12623 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 12624 |
Revised Code as it existed prior to July 1, 1996, a violation of | 12625 |
section 2919.23 of the Revised Code that would have been a | 12626 |
violation of section 2905.04 of the Revised Code as it existed | 12627 |
prior to July 1, 1996, had the violation been committed prior to | 12628 |
that date; | 12629 |
(2) A violation of an existing or former municipal ordinance | 12630 |
or law of this state, any other state, or the United States that | 12631 |
is substantially equivalent to any of the offenses listed in | 12632 |
division (D)(1) of this section. | 12633 |
(E) Each independent provider shall pay to the bureau of | 12634 |
criminal identification and investigation the fee prescribed | 12635 |
pursuant to division (C)(3) of section 109.572 of the Revised Code | 12636 |
for each criminal records check conducted pursuant to a request | 12637 |
made under division (C) of this section. | 12638 |
(F) The report of any criminal records check conducted by the | 12639 |
bureau of criminal identification and investigation in accordance | 12640 |
with section 109.572 of the Revised Code and pursuant to a request | 12641 |
made under division (C) of this section is not a public record for | 12642 |
the purposes of section 149.43 of the Revised Code and shall not | 12643 |
be made available to any person other than the following: | 12644 |
(1) The person who is the subject of the criminal records | 12645 |
check or the person's representative; | 12646 |
(2) An administrator at the department or the administrator's | 12647 |
representative; | 12648 |
(3) A court, hearing officer, or other necessary individual | 12649 |
involved in a case dealing with a denial or termination of a | 12650 |
provider agreement related to the criminal records check. | 12651 |
(G) The department shall adopt rules in accordance with | 12652 |
Chapter 119. of the Revised Code to implement this section. The | 12653 |
rules shall specify circumstances under which the department may | 12654 |
either issue a provider agreement to an independent provider or | 12655 |
allow an independent provider to maintain an existing provider | 12656 |
agreement when the independent provider has been convicted of, has | 12657 |
pleaded guilty to, or has been found eligible for intervention in | 12658 |
lieu of conviction for an offense listed or described in division | 12659 |
(D)(1) or (2) of this section. | 12660 |
Sec. 5120.07. (A) There is hereby created the ex-offender | 12661 |
reentry coalition consisting of the following | 12662 |
members or their designees: | 12663 |
(1) The director of rehabilitation and correction; | 12664 |
(2) The director of aging; | 12665 |
(3) The director of alcohol and drug addiction services; | 12666 |
(4) The director of development; | 12667 |
(5) The superintendent of public instruction; | 12668 |
(6) The director of health; | 12669 |
(7) The director of job and family services; | 12670 |
(8) The director of mental health; | 12671 |
(9) The director of developmental disabilities; | 12672 |
(10) The director of public safety; | 12673 |
(11) The director of youth services; | 12674 |
(12) The chancellor of the Ohio board of regents; | 12675 |
(13) A representative or member of the governor's staff; | 12676 |
(14) The director of the rehabilitation services commission; | 12677 |
(15) The director of the department of commerce; | 12678 |
(16) The executive director of a health care licensing board | 12679 |
created under Title XLVII of the Revised Code, as appointed by the | 12680 |
chairperson of the coalition; | 12681 |
(17) The director of veterans services; | 12682 |
(18) An ex-offender appointed by the director of | 12683 |
rehabilitation and correction. | 12684 |
(B) The members of the coalition shall serve without | 12685 |
compensation. The director of rehabilitation and correction or the | 12686 |
director's designee shall be the chairperson of the coalition. | 12687 |
(C) In consultation with persons interested and involved in | 12688 |
the reentry of ex-offenders into the community, including but not | 12689 |
limited to, service providers, community-based organizations, and | 12690 |
local governments, the coalition shall identify and examine social | 12691 |
service barriers and other obstacles to the reentry of | 12692 |
ex-offenders into the community. Not later than one year after | 12693 |
April 7, 2009, and on or before the same date of each year | 12694 |
thereafter, the coalition shall submit to the speaker of the house | 12695 |
of representatives and the president of the senate a report, | 12696 |
including recommendations for legislative action, the activities | 12697 |
of the coalition, and the barriers affecting the successful | 12698 |
reentry of ex-offenders into the community. The report shall | 12699 |
analyze the effects of those barriers on ex-offenders and on their | 12700 |
children and other family members in various areas, including but | 12701 |
not limited to, the following: | 12702 |
(1) Admission to public and other housing; | 12703 |
(2) Child support obligations and procedures; | 12704 |
(3) Parental incarceration and family reunification; | 12705 |
(4) Social security benefits, veterans' benefits, food | 12706 |
stamps, and other forms of public assistance; | 12707 |
(5) Employment; | 12708 |
(6) Education programs and financial assistance; | 12709 |
(7) Substance abuse, mental health, and sex offender | 12710 |
treatment programs and financial assistance; | 12711 |
(8) Civic and political participation; | 12712 |
(9) Other collateral consequences under the Revised Code or | 12713 |
the Ohio administrative code law that may result from a criminal | 12714 |
conviction. | 12715 |
(D)(1) The report shall also include the following | 12716 |
information: | 12717 |
(a) Identification of state appropriations for reentry | 12718 |
programs; | 12719 |
(b) Identification of other funding sources for reentry | 12720 |
programs that are not funded by the state; | 12721 |
(2) The coalition shall gather information about reentry | 12722 |
programs in a repository maintained and made available by the | 12723 |
coalition. Where available, the information shall include the | 12724 |
following: | 12725 |
(a) The amount of funding received; | 12726 |
(b) The number of program participants; | 12727 |
(c) The composition of the program, including program goals, | 12728 |
methods for measuring success, and program success rate; | 12729 |
(d) The type of post-program tracking that is utilized; | 12730 |
(e) Information about employment rates and recidivism rates | 12731 |
of ex-offenders. | 12732 |
(E) The coalition shall cease to exist on December 31, 2014. | 12733 |
Sec. 5149.311. (A) The department of rehabilitation and | 12734 |
correction shall establish and administer the probation | 12735 |
improvement grant and the probation incentive grant for | 12736 |
common pleas, municipal, and county court probation departments | 12737 |
that supervise | 12738 |
(B)(1) The probation improvement grant shall provide funding | 12739 |
to | 12740 |
departments to adopt policies and practices based on the latest | 12741 |
research on how to reduce the number of | 12742 |
probation supervision who violate the conditions of their | 12743 |
supervision. | 12744 |
(2) The department shall adopt rules for the distribution of | 12745 |
the probation improvement grant, including the formula for the | 12746 |
allocation of the subsidy based on the number of | 12747 |
placed on probation annually in each jurisdiction. | 12748 |
(C)(1) The probation incentive grant shall provide a | 12749 |
performance-based level of funding to | 12750 |
municipal, and county court probation departments that are | 12751 |
successful in reducing the number of | 12752 |
supervision whose terms of supervision are revoked. | 12753 |
(2) The department shall calculate annually any cost savings | 12754 |
realized by the state from a reduction in the percentage of people | 12755 |
who are incarcerated because their terms of supervised probation | 12756 |
were revoked. The cost savings estimate shall be calculated for | 12757 |
each | 12758 |
eligible for a grant under this section and be based on the | 12759 |
difference from fiscal year 2010 and the fiscal year under | 12760 |
examination. | 12761 |
(3) The department shall adopt rules that specify the subsidy | 12762 |
amount to be appropriated to | 12763 |
county court probation departments that successfully reduce the | 12764 |
percentage of people on probation who are incarcerated because | 12765 |
their terms of supervision are revoked. | 12766 |
(D) The following stipulations apply to both the probation | 12767 |
improvement grant and the probation incentive grant: | 12768 |
(1) In order to be eligible for the probation improvement | 12769 |
grant and the probation incentive grant, | 12770 |
municipal, and county courts must satisfy all requirements under | 12771 |
sections 2301.27 and 2301.30 of the Revised Code | 12772 |
Except for sentencing decisions made by a court when use of the | 12773 |
risk assessment tool is discretionary, in order to be eligible for | 12774 |
the probation improvement grant and the probation incentive grant, | 12775 |
a court must utilize the single validated risk assessment tool | 12776 |
selected by the department of rehabilitation and correction under | 12777 |
section 5120.114 of the Revised Code. | 12778 |
(2) The department may deny a subsidy under this section to | 12779 |
any applicant if the applicant fails to comply with the terms of | 12780 |
any agreement entered into pursuant to any of the provisions of | 12781 |
this section. | 12782 |
(3) The department shall evaluate or provide for the | 12783 |
evaluation of the policies, practices, and programs the | 12784 |
common pleas, municipal, or county court probation departments | 12785 |
utilize with the programs of subsidies established under this | 12786 |
section and establish means of measuring their effectiveness. | 12787 |
(4) The department shall specify the policies, practices, and | 12788 |
programs for which | 12789 |
court probation departments may use the program subsidy and shall | 12790 |
establish minimum standards of quality and efficiency that | 12791 |
recipients of the subsidy must follow. The department shall give | 12792 |
priority to supporting evidence-based policies and practices, as | 12793 |
defined by the department. | 12794 |
Sec. 5502.011. (A) As used in this section, "department of | 12795 |
public safety" and "department" include all divisions within the | 12796 |
department of public safety. | 12797 |
(B) The director | 12798 |
chief executive and administrative officer of the department. The | 12799 |
director may establish policies governing the department, the | 12800 |
performance of its employees and officers, the conduct of its | 12801 |
business, and the custody, use, and preservation of departmental | 12802 |
records, papers, books, documents, and property. The director also | 12803 |
may authorize and approve investigations to be conducted by any of | 12804 |
the department's divisions. Whenever the Revised Code imposes a | 12805 |
duty upon or requires an action of the department, the director | 12806 |
may perform the action or duty in the name of the department or | 12807 |
direct such performance to be performed by the director's | 12808 |
designee. | 12809 |
(C) In addition to any other duties enumerated in the Revised | 12810 |
Code, the director or the director's designee shall do all of the | 12811 |
following: | 12812 |
(1) Administer and direct the performance of the duties of | 12813 |
the department; | 12814 |
(2) Pursuant to Chapter 119. of the Revised Code, approve, | 12815 |
adopt, and prescribe such forms and rules as are necessary to | 12816 |
carry out the duties of the department; | 12817 |
(3) On behalf of the department and in addition to any | 12818 |
authority the Revised Code otherwise grants to the department, | 12819 |
have the authority and responsibility for approving and entering | 12820 |
into contracts, agreements, and other business arrangements; | 12821 |
(4) Make appointments for the department as needed to comply | 12822 |
with requirements of the Revised Code; | 12823 |
(5) Approve employment actions of the department, including | 12824 |
appointments, promotions, discipline, investigations, and | 12825 |
terminations; | 12826 |
(6) Accept, hold, and use, for the benefit of the department, | 12827 |
any gift, donation, bequest, or devise, and may agree to and | 12828 |
perform all conditions of the gift, donation, bequest, or devise, | 12829 |
that are not contrary to law; | 12830 |
(7) Apply for, allocate, disburse, and account for grants | 12831 |
made available under federal law or from other federal, state, or | 12832 |
private sources; | 12833 |
(8) Develop a list of disqualifying offenses for licensure as | 12834 |
a private investigator or a security guard provider pursuant to | 12835 |
sections 4749.03, 4749.04, 4749.10, and 4776.10 of the Revised | 12836 |
Code; | 12837 |
(9) Do all other acts necessary or desirable to carry out | 12838 |
this chapter. | 12839 |
(D)(1) The director of public safety may assess a reasonable | 12840 |
fee, plus the amount of any charge or fee passed on from a | 12841 |
financial institution, on a drawer or indorser for each of the | 12842 |
following: | 12843 |
(a) A check, draft, or money order that is returned or | 12844 |
dishonored; | 12845 |
(b) An automatic bank transfer that is declined, due to | 12846 |
insufficient funds or for any other reason; | 12847 |
(c) Any financial transaction device that is returned or | 12848 |
dishonored for any reason. | 12849 |
(2) The director shall deposit any fee collected under this | 12850 |
division in an appropriate fund as determined by the director | 12851 |
based on the tax, fee, or fine being paid. | 12852 |
(3) As used in this division, "financial transaction device" | 12853 |
has the same meaning as in section 113.40 of the Revised Code. | 12854 |
(E) The director shall establish a homeland security advisory | 12855 |
council to advise the director on homeland security, including | 12856 |
homeland security funding efforts. The advisory council shall | 12857 |
include, but not be limited to, state and local government | 12858 |
officials who have homeland security or emergency management | 12859 |
responsibilities and who represent first responders. The director | 12860 |
shall appoint the members of the council, who shall serve without | 12861 |
compensation. | 12862 |
(F) The director of public safety shall adopt rules in | 12863 |
accordance with Chapter 119. of the Revised Code as required by | 12864 |
section 2909.28 of the Revised Code and division (A)(1) of section | 12865 |
2909.32 of the Revised Code. The director shall adopt rules as | 12866 |
required by division (D) of section 2909.32 of the Revised Code, | 12867 |
division (E) of section 2909.33 of the Revised Code, and division | 12868 |
(D) of section 2909.34 of the Revised Code. The director may adopt | 12869 |
rules pursuant to division (A)(2) of section 2909.32 of the | 12870 |
Revised Code, division (A)(2) of section 2909.33 of the Revised | 12871 |
Code, and division (A)(2) of section 2909.34 of the Revised Code. | 12872 |
Sec. 5743.99. (A)(1) Except as provided in division (A)(2) | 12873 |
of this section, whoever violates section 5743.10, 5743.11, or | 12874 |
5743.12 or division (C) of section 5743.54 of the Revised Code is | 12875 |
guilty of a misdemeanor of the first degree. If the offender has | 12876 |
been previously convicted of an offense under this division, | 12877 |
violation is a felony of the fourth degree. | 12878 |
(2) Unless the total number of cigarettes exceeds one | 12879 |
thousand two hundred, an individual who violates section 5743.10 | 12880 |
of the Revised Code is guilty of a minor misdemeanor. If the | 12881 |
offender has been previously convicted of an offense under this | 12882 |
division, violation is a misdemeanor of the first degree. | 12883 |
(B) Whoever violates section 5743.111, 5743.112, 5743.13, | 12884 |
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a | 12885 |
felony of the fourth degree. If the offender has been previously | 12886 |
convicted of an offense under this division, violation is a felony | 12887 |
of the second degree. | 12888 |
(C) Whoever violates section 5743.41 or 5743.42 of the | 12889 |
Revised Code is guilty of a misdemeanor of the fourth degree. If | 12890 |
the offender has been previously convicted of an offense under | 12891 |
this division, violation is a misdemeanor of the third degree. | 12892 |
(D) Whoever violates section 5743.21 of the Revised Code is | 12893 |
guilty of a misdemeanor of the first degree. If the offender has | 12894 |
been previously convicted of an offense under this division, | 12895 |
violation is a felony of the fifth degree. | 12896 |
(E) Whoever violates division (F) of section 5743.03 of the | 12897 |
Revised Code is guilty of a misdemeanor of the fourth degree. | 12898 |
(F) Whoever violates any provision of this chapter, or any | 12899 |
rule promulgated by the tax commissioner under authority of this | 12900 |
chapter, for the violation of which no penalty is provided | 12901 |
elsewhere, is guilty of a misdemeanor of the fourth degree. | 12902 |
(G) In addition to any other penalty imposed upon a person | 12903 |
convicted of a violation of section 5743.112 or 5743.60 of the | 12904 |
Revised Code who was the operator of a motor vehicle used in the | 12905 |
violation, the court | 12906 |
days or more than three years the offender's driver's license, | 12907 |
commercial driver's license, temporary instruction permit, | 12908 |
probationary license, or nonresident operating privilege.
| 12909 |
the court imposes such a suspension, the court shall send a copy | 12910 |
of its suspension order and determination to the registrar of | 12911 |
motor vehicles, and the registrar, pursuant to the order and | 12912 |
determination, shall impose a suspension of the same duration. No | 12913 |
judge shall suspend the first thirty days of suspension of an | 12914 |
offender's license, permit, or privilege required by this | 12915 |
division. The court, in lieu of suspending the offender's driver's | 12916 |
or commercial driver's license or permit or nonresident operating | 12917 |
privilege, instead may require the offender to perform community | 12918 |
service for a number of hours determined by the court. | 12919 |
Section 2. That existing sections 109.57, 109.572, 109.578, | 12920 |
307.932, 2151.356, 2152.02, 2152.12, 2152.121, 2152.18, 2152.26, | 12921 |
2152.52, 2152.56, 2152.59, 2301.27, 2301.271, 2705.031, 2907.24, | 12922 |
2913.02, 2921.331, 2923.122, 2925.03, 2925.04, 2925.14, 2925.38, | 12923 |
2929.14, 2929.19, 2929.26, 2929.41, 2947.23, 2949.08, 2951.022, | 12924 |
2953.08, 2953.31, 2953.32, 2953.34, 2953.36, 2961.22, 2967.191, | 12925 |
2967.193, 2967.26, 3119.01, 3119.05, 3123.58, 3772.10, 4301.99, | 12926 |
4501.02, 4503.233, 4503.234, 4507.02, 4507.164, 4509.06, 4509.101, | 12927 |
4510.10, 4510.11, 4510.111, 4510.16, 4510.161, 4510.17, 4510.41, | 12928 |
4510.54, 4513.02, 4513.021, 4513.99, 4713.07, 4713.28, 4725.44, | 12929 |
4725.48, 4725.52, 4725.53, 4738.04, 4738.07, 4740.05, 4740.06, | 12930 |
4740.10, 4747.04, 4747.05, 4747.10, 4747.12, 4749.03, 4749.04, | 12931 |
4749.06, 4776.04, 5111.032, 5111.033, 5111.034, 5120.07, 5149.311, | 12932 |
5502.011, and 5743.99 of the Revised Code are hereby repealed. | 12933 |
Section 3. The Department of Public Safety shall conduct a | 12934 |
study on the advisability and feasibility of there being held in | 12935 |
this state a one-time amnesty program for the payment of fees and | 12936 |
fines owed by persons who have pleaded guilty to or been convicted | 12937 |
of motor vehicle traffic and equipment offenses or have had their | 12938 |
driver's license, commercial driver's license, or temporary | 12939 |
instruction permit suspended for any reason by this state. The | 12940 |
Department may confer with any public or private organization or | 12941 |
entity that the Department determines could be of assistance to | 12942 |
the Department in conducting the study. The Department shall study | 12943 |
all aspects of such a program, including its scope, duration, the | 12944 |
amounts or percentages of fees or fines persons would be permitted | 12945 |
to pay under the program, and which persons would be eligible to | 12946 |
participate in the program. | 12947 |
Not later than six months after the effective date of this | 12948 |
section, the Department shall issue a report containing the | 12949 |
results of the study. The Department shall furnish copies of its | 12950 |
report to the Governor, the Ohio Senate, and the Ohio House of | 12951 |
Representatives. | 12952 |
Section 4. The General Assembly, applying the principle | 12953 |
stated in division (B) of section 1.52 of the Revised Code that | 12954 |
amendments are to be harmonized if reasonably capable of | 12955 |
simultaneous operation, finds that the following sections, | 12956 |
presented in this act as composites of the sections as amended by | 12957 |
the acts indicated, are the resulting versions of the sections in | 12958 |
effect prior to the effective date of the sections as presented in | 12959 |
this act: | 12960 |
Section 149.43 of the Revised Code as amended by both Sub. | 12961 |
H.B. 64 and Am. Sub. H.B. 153 of the 129th General Assembly. | 12962 |
Section 2925.03 of the Revised Code as amended by both Sub. | 12963 |
H.B. 64 and Am. Sub. H.B. 86 of the 129th General Assembly. | 12964 |
Section 4503.234 of the Revised Code as amended by both Sub. | 12965 |
H.B. 241 and Am. Sub. H.B. 461 of the 126th General Assembly. | 12966 |
Section 4507.164 of the Revised Code as amended by both Sub. | 12967 |
H.B. 5 and Am. Sub. H.B. 153 of the 129th General Assembly. | 12968 |
Section 5. The amendment of section 5120.07 of the Revised | 12969 |
Code is not intended to supersede the earlier repeal, with delayed | 12970 |
effective date, of that section. | 12971 |
Section 6. That Section 5 of Am. Sub. H.B. 86 of the 129th | 12972 |
General Assembly be amended to read as follows: | 12973 |
Sec. 5. (A) The Ohio Interagency Task Force on Mental Health | 12974 |
and Juvenile Justice is hereby established to investigate and make | 12975 |
recommendations on how to most effectively treat delinquent youth | 12976 |
who suffer from serious mental illness or emotional and behavioral | 12977 |
disorders, while giving attention to the needs of Ohio's economy. | 12978 |
The Task Force shall consist of the following members: | 12979 |
(1) The Director of Youth Services; | 12980 |
(2) The Director of Mental Health; | 12981 |
(3) The Director of the Governor's Office of Health | 12982 |
Transformation; | 12983 |
(4) The Superintendent of Public Instruction; | 12984 |
(5) A justice of the Supreme Court or a designee appointed by | 12985 |
the justices of the Supreme Court who has experience in juvenile | 12986 |
law or mental health issues; | 12987 |
(6) A designee appointed by the President of the Ohio | 12988 |
Association of Juvenile Court Judges; | 12989 |
(7) A board-certified child and adolescent psychiatrist | 12990 |
appointed by the Director of the Department of Mental Health; | 12991 |
(8) A licensed child and adolescent psychologist appointed by | 12992 |
the President of the State Board of Psychology; | 12993 |
(9) Up to ten members with expertise in child and adolescent | 12994 |
development, mental health, or juvenile justice appointed by the | 12995 |
Governor, including, but not limited to, members representing the | 12996 |
Ohio chapter of the National Alliance on Mental Illness, the Ohio | 12997 |
Federation for Children's Mental Health, an academic research | 12998 |
institution with expertise in juvenile justice and child and | 12999 |
adolescent development, and a provider of children's | 13000 |
community-based mental health services; | 13001 |
(10) Two members of the General Assembly, one from the | 13002 |
majority party and one from the minority party, jointly appointed | 13003 |
by the Speaker of the House of Representatives and the President | 13004 |
of the Senate; | 13005 |
(11) A member of the public jointly appointed by the Speaker | 13006 |
of the House of Representatives and the President of the Senate; | 13007 |
(12) A representative of the Ohio Prosecuting Attorneys | 13008 |
Association designated by the Association; | 13009 |
(13) The State Public Defender; | 13010 |
(14) A representative of the Ohio Judicial Conference. | 13011 |
(B) Members of the Task Force shall be appointed by September | 13012 |
30, 2011. Vacancies on the Task Force shall be filled in the same | 13013 |
manner as the original appointments. Members shall serve without | 13014 |
compensation. | 13015 |
(C) The Governor shall designate the chairperson of the Task | 13016 |
Force. All meetings of the Task Force shall be held at the call of | 13017 |
the chairperson. | 13018 |
(D) The duties of the Task Force shall include all of the | 13019 |
following: | 13020 |
(1) Reviewing the current staff training and protocols and | 13021 |
procedures for treating mentally ill and seriously mentally ill | 13022 |
youth committed to the Department of Youth Services; | 13023 |
(2) Reviewing the current funding, roles, and | 13024 |
responsibilities of the Department of Youth Services, Department | 13025 |
of Mental Health, Department of Education, and other Departments | 13026 |
providing services to youth, as the funding, roles, and | 13027 |
responsibilities pertain to youth with serious mental illness, or | 13028 |
severe emotional and behavioral disorders; | 13029 |
(3) Conducting a review of literature related to the best | 13030 |
practices in the treatment of youth with mental illness and | 13031 |
seriously mentally ill youth who are adjudicated to be a | 13032 |
delinquent child and committed to the Department of Youth | 13033 |
Services; | 13034 |
(4) Investigating mental health treatment models for youth | 13035 |
involved in the juvenile justice system of other states and | 13036 |
jurisdictions, and other relevant data and information, in order | 13037 |
to identify potential model programs, protocols, and best | 13038 |
practices; | 13039 |
(5) Conducting at least one visit to a Department of Youth | 13040 |
Services mental health unit and completing a comprehensive data | 13041 |
review of the mentally ill and seriously mentally ill youth | 13042 |
currently committed to the Department of Youth Services to develop | 13043 |
a profile of such youth currently committed to the Department of | 13044 |
Youth Services. | 13045 |
(E) The members of the Task Force shall make findings and | 13046 |
recommendations, based on the results of the Task Force's duties, | 13047 |
regarding all of the following: | 13048 |
(1) Best practices in the field of treatment for youth with | 13049 |
mental illness or serious mental illness who are involved in the | 13050 |
juvenile justice system; | 13051 |
(2) Guiding principles for the treatment of youth with mental | 13052 |
illness or serious mental illness who are involved in the juvenile | 13053 |
justice system; | 13054 |
(3) The infrastructure, roles, and responsibilities of and | 13055 |
other departments providing services to youth, in relation to | 13056 |
effectively meeting the multiple needs of youth with mental | 13057 |
illness or serious mental illness who are involved in the juvenile | 13058 |
justice system; | 13059 |
(4) Funding strategies that maximize public, private, state, | 13060 |
and federal resources and that create incentives for high | 13061 |
performance and innovative treatment; | 13062 |
(5) Changes to administrative, court, and legislative rules | 13063 |
that would support the recommendations of the Task Force. | 13064 |
The members of the Task Force may make other recommendations | 13065 |
related to effectively treating delinquent youth who suffer from | 13066 |
mental illness and serious mental health illness, including | 13067 |
mentally ill youth who also have special education needs, as | 13068 |
determined to be relevant by the chairperson of the Task Force. | 13069 |
(F) Not later than | 13070 |
Force shall issue a report of the Task Force's findings and | 13071 |
recommendations to the Governor, the President of the Senate, the | 13072 |
Speaker of the House of Representatives, and the Chief Justice of | 13073 |
the Supreme Court. Upon the issuance of the report by the Task | 13074 |
Force, the Task Force shall cease to exist. | 13075 |
Section 7. That existing Section 5 of Am. Sub. H.B. 86 of | 13076 |
the 129th General Assembly is hereby repealed. | 13077 |