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To amend sections 109.57, 109.572, 109.578, 2151.356, | 1 |
2152.02, 2152.18, 2152.26, 2705.031, 2907.24, | 2 |
2913.02, 2923.122, 2925.14, 2925.38, 2947.23, | 3 |
2949.08, 2953.31, 2953.32, 2953.34, 2953.36, | 4 |
2967.191, 3119.01, 3119.05, 3123.58, 3772.10, | 5 |
4301.99, 4501.02, 4503.233, 4503.234, 4507.02, | 6 |
4507.164, 4509.06, 4509.101, 4510.10, 4510.11, | 7 |
4510.111, 4510.16, 4510.161, 4510.17, 4510.41, | 8 |
4510.54, 4513.02, 4513.021, 4513.99, 4713.07, | 9 |
4713.28, 4725.44, 4725.48, 4725.52, 4725.53, | 10 |
4738.04, 4738.07, 4740.05, 4740.06, 4740.10, | 11 |
4747.04, 4747.05, 4747.10, 4747.12, 4749.03, | 12 |
4749.04, 4749.06, 4776.04, 5111.032, 5111.033, | 13 |
5111.034, 5120.07, 5502.011, and 5743.99, and to | 14 |
enact sections 2925.141, 2953.25, 4776.021, and | 15 |
4776.10 of the Revised Code to exclude most | 16 |
juvenile proceedings and adjudications from | 17 |
criminal records checks; to ensure that persons | 18 |
sentenced to confinement receive credit for time | 19 |
served in juvenile facilities; to expand | 20 |
eligibility for the sealing of criminal records | 21 |
and to eliminate the prohibition of the sealing of | 22 |
juvenile records in certain cases; to make the use | 23 |
or possession with purpose to use drug | 24 |
paraphernalia with marihuana a minor misdemeanor; | 25 |
to provide that a court's failure to warn an | 26 |
offender at sentencing about the possibility that | 27 |
the court may order community service if the | 28 |
offender fails to pay the costs of prosecution | 29 |
does not negate or limit the authority of the | 30 |
court to so order community service; to permit an | 31 |
individual subject to civil sanctions as a result | 32 |
of a conviction of or plea of guilty to a criminal | 33 |
offense to file a petition for relief from the | 34 |
sanctions and establish a procedure for the review | 35 |
of such petitions; to permit the court of common | 36 |
pleas of the individual's county of residence to | 37 |
issue a certificate of qualification for | 38 |
employment; to permit decision-makers to consider | 39 |
on a case-by-case basis whether to grant or deny | 40 |
the issuance or restoration of an occupational | 41 |
license or employment opportunity to an offender | 42 |
who has been issued such a certificate regardless | 43 |
of the offender's possession of the certificate | 44 |
and without reconsidering or rejecting any finding | 45 |
made by the issuing court; to provide for the | 46 |
revocation of a certificate of qualification for | 47 |
employment; to increase from eighteen to | 48 |
twenty-one the age at which certain offenders may | 49 |
be held in places not authorized for the | 50 |
confinement of children; to increase the juvenile | 51 |
court's jurisdiction over certain specified cases | 52 |
solely for the purpose of detaining a person while | 53 |
the person's case is heard in adult court; to | 54 |
create a process by which a prosecutor may file a | 55 |
motion in juvenile court to request that a person | 56 |
be held in a place other than those specified for | 57 |
the placement for children while the person's case | 58 |
is heard in adult court; to amend the law | 59 |
governing child support; to modify the penalty for | 60 |
driving under suspension if the suspension was | 61 |
imposed as part of the penalty for certain | 62 |
violations that do not directly involve the | 63 |
operation of a motor vehicle; to make changes in | 64 |
certain other driver's license suspension | 65 |
provisions; to require the Department of Public | 66 |
Safety to study the advisability and feasibility | 67 |
of a one-time amnesty program for drivers who have | 68 |
not paid fees or fines owed by them for motor | 69 |
vehicle offenses and driver's license suspensions; | 70 |
to define the terms moral turpitude and | 71 |
disqualifying offense as applied to certain | 72 |
employment; to provide for criminal records checks | 73 |
and a license issuance restriction regarding | 74 |
applicants for a trainee license for a profession | 75 |
or occupation; to require the Casino Control | 76 |
Commission to notify each applicant for a license | 77 |
from the Commission who is denied the license of | 78 |
the reasons for the denial and to provide an | 79 |
annual report to the General Assembly and Governor | 80 |
that specifies the number of license applications | 81 |
denied in the year and the reasons for the denial; | 82 |
to add an ex-offender appointed by the Director of | 83 |
Rehabilitation and Correction to the Ex-offender | 84 |
Reentry Coalition; and to prohibit the preclusion | 85 |
of individuals from obtaining or renewing certain | 86 |
licenses, certifications, or permits due to any | 87 |
past criminal history unless the individual had | 88 |
committed a crime of moral turpitude or a | 89 |
disqualifying offense. | 90 |
Section 1. That sections 109.57, 109.572, 109.578, 2151.356, | 91 |
2152.02, 2152.18, 2152.26, 2705.031, 2907.24, 2913.02, 2923.122, | 92 |
2925.14, 2925.38, 2947.23, 2949.08, 2953.31, 2953.32, 2953.34, | 93 |
2953.36, 2967.191, 3119.01, 3119.05, 3123.58, 3772.10, 4301.99, | 94 |
4501.02, 4503.233, 4503.234, 4507.02, 4507.164, 4509.06, 4509.101, | 95 |
4510.10, 4510.11, 4510.111, 4510.16, 4510.161, 4510.17, 4510.41, | 96 |
4510.54, 4513.02, 4513.021, 4513.99, 4713.07, 4713.28, 4725.44, | 97 |
4725.48, 4725.52, 4725.53, 4738.04, 4738.07, 4740.05, 4740.06, | 98 |
4740.10, 4747.04, 4747.05, 4747.10, 4747.12, 4749.03, 4749.04, | 99 |
4749.06, 4776.04, 5111.032, 5111.033, 5111.034, 5120.07, 5502.011, | 100 |
and 5743.99 be amended, and sections 2925.141, 2953.25, 4776.021, | 101 |
and 4776.10 of the Revised Code be enacted to read as follows: | 102 |
Sec. 109.57. (A)(1) The superintendent of the bureau of | 103 |
criminal identification and investigation shall procure from | 104 |
wherever procurable and file for record photographs, pictures, | 105 |
descriptions, fingerprints, measurements, and other information | 106 |
that may be pertinent of all persons who have been convicted of | 107 |
committing within this state a felony, any crime constituting a | 108 |
misdemeanor on the first offense and a felony on subsequent | 109 |
offenses, or any misdemeanor described in division (A)(1)(a), | 110 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, | 111 |
of all children under eighteen years of age who have been | 112 |
adjudicated delinquent children for committing within this state | 113 |
an act that would be a felony or an offense of violence if | 114 |
committed by an adult or who have been convicted of or pleaded | 115 |
guilty to committing within this state a felony or an offense of | 116 |
violence, and of all well-known and habitual criminals. The person | 117 |
in charge of any county, multicounty, municipal, municipal-county, | 118 |
or multicounty-municipal jail or workhouse, community-based | 119 |
correctional facility, halfway house, alternative residential | 120 |
facility, or state correctional institution and the person in | 121 |
charge of any state institution having custody of a person | 122 |
suspected of having committed a felony, any crime constituting a | 123 |
misdemeanor on the first offense and a felony on subsequent | 124 |
offenses, or any misdemeanor described in division (A)(1)(a), | 125 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or | 126 |
having custody of a child under eighteen years of age with respect | 127 |
to whom there is probable cause to believe that the child may have | 128 |
committed an act that would be a felony or an offense of violence | 129 |
if committed by an adult shall furnish such material to the | 130 |
superintendent of the bureau. Fingerprints, photographs, or other | 131 |
descriptive information of a child who is under eighteen years of | 132 |
age, has not been arrested or otherwise taken into custody for | 133 |
committing an act that would be a felony or an offense of violence | 134 |
who is not in any other category of child specified in this | 135 |
division, if committed by an adult, has not been adjudicated a | 136 |
delinquent child for committing an act that would be a felony or | 137 |
an offense of violence if committed by an adult, has not been | 138 |
convicted of or pleaded guilty to committing a felony or an | 139 |
offense of violence, and is not a child with respect to whom there | 140 |
is probable cause to believe that the child may have committed an | 141 |
act that would be a felony or an offense of violence if committed | 142 |
by an adult shall not be procured by the superintendent or | 143 |
furnished by any person in charge of any county, multicounty, | 144 |
municipal, municipal-county, or multicounty-municipal jail or | 145 |
workhouse, community-based correctional facility, halfway house, | 146 |
alternative residential facility, or state correctional | 147 |
institution, except as authorized in section 2151.313 of the | 148 |
Revised Code. | 149 |
(2) Every clerk of a court of record in this state, other | 150 |
than the supreme court or a court of appeals, shall send to the | 151 |
superintendent of the bureau a weekly report containing a summary | 152 |
of each case involving a felony, involving any crime constituting | 153 |
a misdemeanor on the first offense and a felony on subsequent | 154 |
offenses, involving a misdemeanor described in division (A)(1)(a), | 155 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, | 156 |
or involving an adjudication in a case in which a child under | 157 |
eighteen years of age was alleged to be a delinquent child for | 158 |
committing an act that would be a felony or an offense of violence | 159 |
if committed by an adult. The clerk of the court of common pleas | 160 |
shall include in the report and summary the clerk sends under this | 161 |
division all information described in divisions (A)(2)(a) to (f) | 162 |
of this section regarding a case before the court of appeals that | 163 |
is served by that clerk. The summary shall be written on the | 164 |
standard forms furnished by the superintendent pursuant to | 165 |
division (B) of this section and shall include the following | 166 |
information: | 167 |
(a) The incident tracking number contained on the standard | 168 |
forms furnished by the superintendent pursuant to division (B) of | 169 |
this section; | 170 |
(b) The style and number of the case; | 171 |
(c) The date of arrest, offense, summons, or arraignment; | 172 |
(d) The date that the person was convicted of or pleaded | 173 |
guilty to the offense, adjudicated a delinquent child for | 174 |
committing the act that would be a felony or an offense of | 175 |
violence if committed by an adult, found not guilty of the | 176 |
offense, or found not to be a delinquent child for committing an | 177 |
act that would be a felony or an offense of violence if committed | 178 |
by an adult, the date of an entry dismissing the charge, an entry | 179 |
declaring a mistrial of the offense in which the person is | 180 |
discharged, an entry finding that the person or child is not | 181 |
competent to stand trial, or an entry of a nolle prosequi, or the | 182 |
date of any other determination that constitutes final resolution | 183 |
of the case; | 184 |
(e) A statement of the original charge with the section of | 185 |
the Revised Code that was alleged to be violated; | 186 |
(f) If the person or child was convicted, pleaded guilty, or | 187 |
was adjudicated a delinquent child, the sentence or terms of | 188 |
probation imposed or any other disposition of the offender or the | 189 |
delinquent child. | 190 |
If the offense involved the disarming of a law enforcement | 191 |
officer or an attempt to disarm a law enforcement officer, the | 192 |
clerk shall clearly state that fact in the summary, and the | 193 |
superintendent shall ensure that a clear statement of that fact is | 194 |
placed in the bureau's records. | 195 |
(3) The superintendent shall cooperate with and assist | 196 |
sheriffs, chiefs of police, and other law enforcement officers in | 197 |
the establishment of a complete system of criminal identification | 198 |
and in obtaining fingerprints and other means of identification of | 199 |
all persons arrested on a charge of a felony, any crime | 200 |
constituting a misdemeanor on the first offense and a felony on | 201 |
subsequent offenses, or a misdemeanor described in division | 202 |
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the | 203 |
Revised Code and of all children under eighteen years of age | 204 |
arrested or otherwise taken into custody for committing an act | 205 |
that would be a felony or an offense of violence if committed by | 206 |
an adult. The superintendent also shall file for record the | 207 |
fingerprint impressions of all persons confined in a county, | 208 |
multicounty, municipal, municipal-county, or multicounty-municipal | 209 |
jail or workhouse, community-based correctional facility, halfway | 210 |
house, alternative residential facility, or state correctional | 211 |
institution for the violation of state laws and of all children | 212 |
under eighteen years of age who are confined in a county, | 213 |
multicounty, municipal, municipal-county, or multicounty-municipal | 214 |
jail or workhouse, community-based correctional facility, halfway | 215 |
house, alternative residential facility, or state correctional | 216 |
institution or in any facility for delinquent children for | 217 |
committing an act that would be a felony or an offense of violence | 218 |
if committed by an adult, and any other information that the | 219 |
superintendent may receive from law enforcement officials of the | 220 |
state and its political subdivisions. | 221 |
(4) The superintendent shall carry out Chapter 2950. of the | 222 |
Revised Code with respect to the registration of persons who are | 223 |
convicted of or plead guilty to a sexually oriented offense or a | 224 |
child-victim oriented offense and with respect to all other duties | 225 |
imposed on the bureau under that chapter. | 226 |
(5) The bureau shall perform centralized recordkeeping | 227 |
functions for criminal history records and services in this state | 228 |
for purposes of the national crime prevention and privacy compact | 229 |
set forth in section 109.571 of the Revised Code and is the | 230 |
criminal history record repository as defined in that section for | 231 |
purposes of that compact. The superintendent or the | 232 |
superintendent's designee is the compact officer for purposes of | 233 |
that compact and shall carry out the responsibilities of the | 234 |
compact officer specified in that compact. | 235 |
(B) The superintendent shall prepare and furnish to every | 236 |
county, multicounty, municipal, municipal-county, or | 237 |
multicounty-municipal jail or workhouse, community-based | 238 |
correctional facility, halfway house, alternative residential | 239 |
facility, or state correctional institution and to every clerk of | 240 |
a court in this state specified in division (A)(2) of this section | 241 |
standard forms for reporting the information required under | 242 |
division (A) of this section. The standard forms that the | 243 |
superintendent prepares pursuant to this division may be in a | 244 |
tangible format, in an electronic format, or in both tangible | 245 |
formats and electronic formats. | 246 |
(C)(1) The superintendent may operate a center for | 247 |
electronic, automated, or other data processing for the storage | 248 |
and retrieval of information, data, and statistics pertaining to | 249 |
criminals and to children under eighteen years of age who are | 250 |
adjudicated delinquent children for committing an act that would | 251 |
be a felony or an offense of violence if committed by an adult, | 252 |
criminal activity, crime prevention, law enforcement, and criminal | 253 |
justice, and may establish and operate a statewide communications | 254 |
network to be known as the Ohio law enforcement gateway to gather | 255 |
and disseminate information, data, and statistics for the use of | 256 |
law enforcement agencies and for other uses specified in this | 257 |
division. The superintendent may gather, store, retrieve, and | 258 |
disseminate information, data, and statistics that pertain to | 259 |
children who are under eighteen years of age and that are gathered | 260 |
pursuant to sections 109.57 to 109.61 of the Revised Code together | 261 |
with information, data, and statistics that pertain to adults and | 262 |
that are gathered pursuant to those sections. | 263 |
(2) The superintendent or the superintendent's designee shall | 264 |
gather information of the nature described in division (C)(1) of | 265 |
this section that pertains to the offense and delinquency history | 266 |
of a person who has been convicted of, pleaded guilty to, or been | 267 |
adjudicated a delinquent child for committing a sexually oriented | 268 |
offense or a child-victim oriented offense for inclusion in the | 269 |
state registry of sex offenders and child-victim offenders | 270 |
maintained pursuant to division (A)(1) of section 2950.13 of the | 271 |
Revised Code and in the internet database operated pursuant to | 272 |
division (A)(13) of that section and for possible inclusion in the | 273 |
internet database operated pursuant to division (A)(11) of that | 274 |
section. | 275 |
(3) In addition to any other authorized use of information, | 276 |
data, and statistics of the nature described in division (C)(1) of | 277 |
this section, the superintendent or the superintendent's designee | 278 |
may provide and exchange the information, data, and statistics | 279 |
pursuant to the national crime prevention and privacy compact as | 280 |
described in division (A)(5) of this section. | 281 |
(4) The attorney general may adopt rules under Chapter 119. | 282 |
of the Revised Code establishing guidelines for the operation of | 283 |
and participation in the Ohio law enforcement gateway. The rules | 284 |
may include criteria for granting and restricting access to | 285 |
information gathered and disseminated through the Ohio law | 286 |
enforcement gateway. The attorney general shall permit the state | 287 |
medical board and board of nursing to access and view, but not | 288 |
alter, information gathered and disseminated through the Ohio law | 289 |
enforcement gateway. | 290 |
The attorney general may appoint a steering committee to | 291 |
advise the attorney general in the operation of the Ohio law | 292 |
enforcement gateway that is comprised of persons who are | 293 |
representatives of the criminal justice agencies in this state | 294 |
that use the Ohio law enforcement gateway and is chaired by the | 295 |
superintendent or the superintendent's designee. | 296 |
(D)(1) The following are not public records under section | 297 |
149.43 of the Revised Code: | 298 |
(a) Information and materials furnished to the superintendent | 299 |
pursuant to division (A) of this section; | 300 |
(b) Information, data, and statistics gathered or | 301 |
disseminated through the Ohio law enforcement gateway pursuant to | 302 |
division (C)(1) of this section; | 303 |
(c) Information and materials furnished to any board or | 304 |
person under division (F) or (G) of this section. | 305 |
(2) The superintendent or the superintendent's designee shall | 306 |
gather and retain information so furnished under division (A) of | 307 |
this section that pertains to the offense and delinquency history | 308 |
of a person who has been convicted of, pleaded guilty to, or been | 309 |
adjudicated a delinquent child for committing a sexually oriented | 310 |
offense or a child-victim oriented offense for the purposes | 311 |
described in division (C)(2) of this section. | 312 |
(E)(1) The attorney general shall adopt rules, in accordance | 313 |
with Chapter 119. of the Revised Code and subject to division | 314 |
(E)(2) of this section, setting forth the procedure by which a | 315 |
person may receive or release information gathered by the | 316 |
superintendent pursuant to division (A) of this section. A | 317 |
reasonable fee may be charged for this service. If a temporary | 318 |
employment service submits a request for a determination of | 319 |
whether a person the service plans to refer to an employment | 320 |
position has been convicted of or pleaded guilty to an offense | 321 |
listed in division (A)(1), (3), (4), (5), or (6) of section | 322 |
109.572 of the Revised Code, the request shall be treated as a | 323 |
single request and only one fee shall be charged. | 324 |
(2) Except as otherwise provided in this division, a rule | 325 |
adopted under division (E)(1) of this section may provide only for | 326 |
the release of information gathered pursuant to division (A) of | 327 |
this section that relates to the conviction of a person, or a | 328 |
person's plea of guilty to, a criminal offense. The superintendent | 329 |
shall not release, and the attorney general shall not adopt any | 330 |
rule under division (E)(1) of this section that permits the | 331 |
release of, any information gathered pursuant to division (A) of | 332 |
this section that relates to an adjudication of a child as a | 333 |
delinquent child, or that relates to a criminal conviction of a | 334 |
person under eighteen years of age if the person's case was | 335 |
transferred back to a juvenile court under division (B)(2) or (3) | 336 |
of section 2152.121 of the Revised Code and the juvenile court | 337 |
imposed a disposition or serious youthful offender disposition | 338 |
upon the person under either division, unless either of the | 339 |
following applies with respect to the adjudication or conviction: | 340 |
(a) The adjudication or conviction was for a violation of | 341 |
section 2903.01 or 2903.02 of the Revised Code. | 342 |
(b) The adjudication or conviction was for a sexually | 343 |
oriented offense, the juvenile court was required to classify the | 344 |
child a juvenile offender registrant for that offense under | 345 |
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that | 346 |
classification has not been removed. | 347 |
(F)(1) As used in division (F)(2) of this section, "head | 348 |
start agency" means an entity in this state that has been approved | 349 |
to be an agency for purposes of subchapter II of the "Community | 350 |
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 351 |
as amended. | 352 |
(2)(a) In addition to or in conjunction with any request that | 353 |
is required to be made under section 109.572, 2151.86, 3301.32, | 354 |
3301.541, division (C) of section 3310.58, or section 3319.39, | 355 |
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, | 356 |
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made | 357 |
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the | 358 |
Revised Code, the board of education of any school district; the | 359 |
director of developmental disabilities; any county board of | 360 |
developmental disabilities; any entity under contract with a | 361 |
county board of developmental disabilities; the chief | 362 |
administrator of any chartered nonpublic school; the chief | 363 |
administrator of a registered private provider that is not also a | 364 |
chartered nonpublic school; the chief administrator of any home | 365 |
health agency; the chief administrator of or person operating any | 366 |
child day-care center, type A family day-care home, or type B | 367 |
family day-care home licensed or certified under Chapter 5104. of | 368 |
the Revised Code; the administrator of any type C family day-care | 369 |
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st | 370 |
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st | 371 |
general assembly; the chief administrator of any head start | 372 |
agency; the executive director of a public children services | 373 |
agency; a private company described in section 3314.41, 3319.392, | 374 |
3326.25, or 3328.20 of the Revised Code; or an employer described | 375 |
in division (J)(2) of section 3327.10 of the Revised Code may | 376 |
request that the superintendent of the bureau investigate and | 377 |
determine, with respect to any individual who has applied for | 378 |
employment in any position after October 2, 1989, or any | 379 |
individual wishing to apply for employment with a board of | 380 |
education may request, with regard to the individual, whether the | 381 |
bureau has any information gathered under division (A) of this | 382 |
section that pertains to that individual. On receipt of the | 383 |
request, subject to division (E)(2) of this section, the | 384 |
superintendent shall determine whether that information exists | 385 |
and, upon request of the person, board, or entity requesting | 386 |
information, also shall request from the federal bureau of | 387 |
investigation any criminal records it has pertaining to that | 388 |
individual. The superintendent or the superintendent's designee | 389 |
also may request criminal history records from other states or the | 390 |
federal government pursuant to the national crime prevention and | 391 |
privacy compact set forth in section 109.571 of the Revised Code. | 392 |
Within thirty days of the date that the superintendent receives a | 393 |
request, subject to division (E)(2) of this section, the | 394 |
superintendent shall send to the board, entity, or person a report | 395 |
of any information that the superintendent determines exists, | 396 |
including information contained in records that have been sealed | 397 |
under section 2953.32 of the Revised Code, and, within thirty days | 398 |
of its receipt, subject to division (E)(2) of this section, shall | 399 |
send the board, entity, or person a report of any information | 400 |
received from the federal bureau of investigation, other than | 401 |
information the dissemination of which is prohibited by federal | 402 |
law. | 403 |
(b) When a board of education or a registered private | 404 |
provider is required to receive information under this section as | 405 |
a prerequisite to employment of an individual pursuant to division | 406 |
(C) of section 3310.58 or section 3319.39 of the Revised Code, it | 407 |
may accept a certified copy of records that were issued by the | 408 |
bureau of criminal identification and investigation and that are | 409 |
presented by an individual applying for employment with the | 410 |
district in lieu of requesting that information itself. In such a | 411 |
case, the board shall accept the certified copy issued by the | 412 |
bureau in order to make a photocopy of it for that individual's | 413 |
employment application documents and shall return the certified | 414 |
copy to the individual. In a case of that nature, a district or | 415 |
provider only shall accept a certified copy of records of that | 416 |
nature within one year after the date of their issuance by the | 417 |
bureau. | 418 |
(c) Notwithstanding division (F)(2)(a) of this section, in | 419 |
the case of a request under section 3319.39, 3319.391, or 3327.10 | 420 |
of the Revised Code only for criminal records maintained by the | 421 |
federal bureau of investigation, the superintendent shall not | 422 |
determine whether any information gathered under division (A) of | 423 |
this section exists on the person for whom the request is made. | 424 |
(3) The state board of education may request, with respect to | 425 |
any individual who has applied for employment after October 2, | 426 |
1989, in any position with the state board or the department of | 427 |
education, any information that a school district board of | 428 |
education is authorized to request under division (F)(2) of this | 429 |
section, and the superintendent of the bureau shall proceed as if | 430 |
the request has been received from a school district board of | 431 |
education under division (F)(2) of this section. | 432 |
(4) When the superintendent of the bureau receives a request | 433 |
for information under section 3319.291 of the Revised Code, the | 434 |
superintendent shall proceed as if the request has been received | 435 |
from a school district board of education and shall comply with | 436 |
divisions (F)(2)(a) and (c) of this section. | 437 |
(5) When a recipient of a classroom reading improvement grant | 438 |
paid under section 3301.86 of the Revised Code requests, with | 439 |
respect to any individual who applies to participate in providing | 440 |
any program or service funded in whole or in part by the grant, | 441 |
the information that a school district board of education is | 442 |
authorized to request under division (F)(2)(a) of this section, | 443 |
the superintendent of the bureau shall proceed as if the request | 444 |
has been received from a school district board of education under | 445 |
division (F)(2)(a) of this section. | 446 |
(G) In addition to or in conjunction with any request that is | 447 |
required to be made under section 3701.881, 3712.09, 3721.121, | 448 |
5119.693, or 5119.85 of the Revised Code with respect to an | 449 |
individual who has applied for employment in a position that | 450 |
involves providing direct care to an older adult or adult | 451 |
resident, the chief administrator of a home health agency, hospice | 452 |
care program, home licensed under Chapter 3721. of the Revised | 453 |
Code, adult day-care program operated pursuant to rules adopted | 454 |
under section 3721.04 of the Revised Code, adult foster home, or | 455 |
adult care facility may request that the superintendent of the | 456 |
bureau investigate and determine, with respect to any individual | 457 |
who has applied after January 27, 1997, for employment in a | 458 |
position that does not involve providing direct care to an older | 459 |
adult or adult resident, whether the bureau has any information | 460 |
gathered under division (A) of this section that pertains to that | 461 |
individual. | 462 |
In addition to or in conjunction with any request that is | 463 |
required to be made under section 173.27 of the Revised Code with | 464 |
respect to an individual who has applied for employment in a | 465 |
position that involves providing ombudsperson services to | 466 |
residents of long-term care facilities or recipients of | 467 |
community-based long-term care services, the state long-term care | 468 |
ombudsperson, ombudsperson's designee, or director of health may | 469 |
request that the superintendent investigate and determine, with | 470 |
respect to any individual who has applied for employment in a | 471 |
position that does not involve providing such ombudsperson | 472 |
services, whether the bureau has any information gathered under | 473 |
division (A) of this section that pertains to that applicant. | 474 |
In addition to or in conjunction with any request that is | 475 |
required to be made under section 173.394 of the Revised Code with | 476 |
respect to an individual who has applied for employment in a | 477 |
position that involves providing direct care to an individual, the | 478 |
chief administrator of a community-based long-term care agency may | 479 |
request that the superintendent investigate and determine, with | 480 |
respect to any individual who has applied for employment in a | 481 |
position that does not involve providing direct care, whether the | 482 |
bureau has any information gathered under division (A) of this | 483 |
section that pertains to that applicant. | 484 |
On receipt of a request under this division, the | 485 |
superintendent shall determine whether that information exists | 486 |
and, on request of the individual requesting information, shall | 487 |
also request from the federal bureau of investigation any criminal | 488 |
records it has pertaining to the applicant. The superintendent or | 489 |
the superintendent's designee also may request criminal history | 490 |
records from other states or the federal government pursuant to | 491 |
the national crime prevention and privacy compact set forth in | 492 |
section 109.571 of the Revised Code. Within thirty days of the | 493 |
date a request is received, subject to division (E)(2) of this | 494 |
section, the superintendent shall send to the requester a report | 495 |
of any information determined to exist, including information | 496 |
contained in records that have been sealed under section 2953.32 | 497 |
of the Revised Code, and, within thirty days of its receipt, shall | 498 |
send the requester a report of any information received from the | 499 |
federal bureau of investigation, other than information the | 500 |
dissemination of which is prohibited by federal law. | 501 |
(H) Information obtained by a government entity or person | 502 |
under this section is confidential and shall not be released or | 503 |
disseminated. | 504 |
(I) The superintendent may charge a reasonable fee for | 505 |
providing information or criminal records under division (F)(2) or | 506 |
(G) of this section. | 507 |
(J) As used in this section: | 508 |
(1) "Sexually oriented offense" and "child-victim oriented | 509 |
offense" have the same meanings as in section 2950.01 of the | 510 |
Revised Code. | 511 |
(2) "Registered private provider" means a nonpublic school or | 512 |
entity registered with the superintendent of public instruction | 513 |
under section 3310.41 of the Revised Code to participate in the | 514 |
autism scholarship program or section 3310.58 of the Revised Code | 515 |
to participate in the Jon Peterson special needs scholarship | 516 |
program. | 517 |
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 518 |
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, | 519 |
a completed form prescribed pursuant to division (C)(1) of this | 520 |
section, and a set of fingerprint impressions obtained in the | 521 |
manner described in division (C)(2) of this section, the | 522 |
superintendent of the bureau of criminal identification and | 523 |
investigation shall conduct a criminal records check in the manner | 524 |
described in division (B) of this section to determine whether any | 525 |
information exists that indicates that the person who is the | 526 |
subject of the request previously has been convicted of or pleaded | 527 |
guilty to any of the following: | 528 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 529 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 530 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 531 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 532 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 533 |
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 534 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 535 |
2925.06, or 3716.11 of the Revised Code, felonious sexual | 536 |
penetration in violation of former section 2907.12 of the Revised | 537 |
Code, a violation of section 2905.04 of the Revised Code as it | 538 |
existed prior to July 1, 1996, a violation of section 2919.23 of | 539 |
the Revised Code that would have been a violation of section | 540 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, | 541 |
had the violation been committed prior to that date, or a | 542 |
violation of section 2925.11 of the Revised Code that is not a | 543 |
minor drug possession offense; | 544 |
(b) A violation of an existing or former law of this state, | 545 |
any other state, or the United States that is substantially | 546 |
equivalent to any of the offenses listed in division (A)(1)(a) of | 547 |
this section. | 548 |
(2) On receipt of a request pursuant to section 5123.081 of | 549 |
the Revised Code with respect to an applicant for employment in | 550 |
any position with the department of developmental disabilities, | 551 |
pursuant to section 5126.28 of the Revised Code with respect to an | 552 |
applicant for employment in any position with a county board of | 553 |
developmental disabilities, or pursuant to section 5126.281 of the | 554 |
Revised Code with respect to an applicant for employment in a | 555 |
direct services position with an entity contracting with a county | 556 |
board for employment, a completed form prescribed pursuant to | 557 |
division (C)(1) of this section, and a set of fingerprint | 558 |
impressions obtained in the manner described in division (C)(2) of | 559 |
this section, the superintendent of the bureau of criminal | 560 |
identification and investigation shall conduct a criminal records | 561 |
check. The superintendent shall conduct the criminal records check | 562 |
in the manner described in division (B) of this section to | 563 |
determine whether any information exists that indicates that the | 564 |
person who is the subject of the request has been convicted of or | 565 |
pleaded guilty to any of the following: | 566 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 567 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 568 |
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, | 569 |
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, | 570 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 571 |
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, | 572 |
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, | 573 |
2925.03, or 3716.11 of the Revised Code; | 574 |
(b) An existing or former municipal ordinance or law of this | 575 |
state, any other state, or the United States that is substantially | 576 |
equivalent to any of the offenses listed in division (A)(2)(a) of | 577 |
this section. | 578 |
(3) On receipt of a request pursuant to section 173.27, | 579 |
173.394, 3712.09, 3721.121, 5119.693, or 5119.85 of the Revised | 580 |
Code, a completed form prescribed pursuant to division (C)(1) of | 581 |
this section, and a set of fingerprint impressions obtained in the | 582 |
manner described in division (C)(2) of this section, the | 583 |
superintendent of the bureau of criminal identification and | 584 |
investigation shall conduct a criminal records check with respect | 585 |
to any person who has applied for employment in a position for | 586 |
which a criminal records check is required by those sections. The | 587 |
superintendent shall conduct the criminal records check in the | 588 |
manner described in division (B) of this section to determine | 589 |
whether any information exists that indicates that the person who | 590 |
is the subject of the request previously has been convicted of or | 591 |
pleaded guilty to any of the following: | 592 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 593 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 594 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 595 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 596 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 597 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 598 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 599 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 600 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 601 |
(b) An existing or former law of this state, any other state, | 602 |
or the United States that is substantially equivalent to any of | 603 |
the offenses listed in division (A)(3)(a) of this section. | 604 |
(4) On receipt of a request pursuant to section 3701.881 of | 605 |
the Revised Code with respect to an applicant for employment with | 606 |
a home health agency as a person responsible for the care, | 607 |
custody, or control of a child, a completed form prescribed | 608 |
pursuant to division (C)(1) of this section, and a set of | 609 |
fingerprint impressions obtained in the manner described in | 610 |
division (C)(2) of this section, the superintendent of the bureau | 611 |
of criminal identification and investigation shall conduct a | 612 |
criminal records check. The superintendent shall conduct the | 613 |
criminal records check in the manner described in division (B) of | 614 |
this section to determine whether any information exists that | 615 |
indicates that the person who is the subject of the request | 616 |
previously has been convicted of or pleaded guilty to any of the | 617 |
following: | 618 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 619 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 620 |
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, | 621 |
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 622 |
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 623 |
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 624 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 625 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a | 626 |
violation of section 2925.11 of the Revised Code that is not a | 627 |
minor drug possession offense; | 628 |
(b) An existing or former law of this state, any other state, | 629 |
or the United States that is substantially equivalent to any of | 630 |
the offenses listed in division (A)(4)(a) of this section. | 631 |
(5) On receipt of a request pursuant to section 5111.032, | 632 |
5111.033, or 5111.034 of the Revised Code, a completed form | 633 |
prescribed pursuant to division (C)(1) of this section, and a set | 634 |
of fingerprint impressions obtained in the manner described in | 635 |
division (C)(2) of this section, the superintendent of the bureau | 636 |
of criminal identification and investigation shall conduct a | 637 |
criminal records check. The superintendent shall conduct the | 638 |
criminal records check in the manner described in division (B) of | 639 |
this section to determine whether any information exists that | 640 |
indicates that the person who is the subject of the request | 641 |
previously has been convicted of, has pleaded guilty to, or has | 642 |
been found eligible for intervention in lieu of conviction for any | 643 |
of the following, regardless of the date of the conviction, the | 644 |
date of entry of the guilty plea, or the date the person was found | 645 |
eligible for intervention in lieu of conviction: | 646 |
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 647 |
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 648 |
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 649 |
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 650 |
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 651 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 652 |
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 653 |
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 654 |
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 655 |
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 656 |
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 657 |
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 658 |
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 659 |
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 660 |
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141, | 661 |
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code, | 662 |
felonious sexual penetration in violation of former section | 663 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 664 |
Revised Code as it existed prior to July 1, 1996, a violation of | 665 |
section 2919.23 of the Revised Code that would have been a | 666 |
violation of section 2905.04 of the Revised Code as it existed | 667 |
prior to July 1, 1996, had the violation been committed prior to | 668 |
that date; | 669 |
(b) A violation of an existing or former municipal ordinance | 670 |
or law of this state, any other state, or the United States that | 671 |
is substantially equivalent to any of the offenses listed in | 672 |
division (A)(5)(a) of this section. | 673 |
(6) On receipt of a request pursuant to section 3701.881 of | 674 |
the Revised Code with respect to an applicant for employment with | 675 |
a home health agency in a position that involves providing direct | 676 |
care to an older adult, a completed form prescribed pursuant to | 677 |
division (C)(1) of this section, and a set of fingerprint | 678 |
impressions obtained in the manner described in division (C)(2) of | 679 |
this section, the superintendent of the bureau of criminal | 680 |
identification and investigation shall conduct a criminal records | 681 |
check. The superintendent shall conduct the criminal records check | 682 |
in the manner described in division (B) of this section to | 683 |
determine whether any information exists that indicates that the | 684 |
person who is the subject of the request previously has been | 685 |
convicted of or pleaded guilty to any of the following: | 686 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 687 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 688 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 689 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 690 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 691 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 692 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 693 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 694 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 695 |
(b) An existing or former law of this state, any other state, | 696 |
or the United States that is substantially equivalent to any of | 697 |
the offenses listed in division (A)(6)(a) of this section. | 698 |
(7) When conducting a criminal records check upon a request | 699 |
pursuant to section 3319.39 of the Revised Code for an applicant | 700 |
who is a teacher, in addition to the determination made under | 701 |
division (A)(1) of this section, the superintendent shall | 702 |
determine whether any information exists that indicates that the | 703 |
person who is the subject of the request previously has been | 704 |
convicted of or pleaded guilty to any offense specified in section | 705 |
3319.31 of the Revised Code. | 706 |
(8) On receipt of a request pursuant to section 2151.86 of | 707 |
the Revised Code, a completed form prescribed pursuant to division | 708 |
(C)(1) of this section, and a set of fingerprint impressions | 709 |
obtained in the manner described in division (C)(2) of this | 710 |
section, the superintendent of the bureau of criminal | 711 |
identification and investigation shall conduct a criminal records | 712 |
check in the manner described in division (B) of this section to | 713 |
determine whether any information exists that indicates that the | 714 |
person who is the subject of the request previously has been | 715 |
convicted of or pleaded guilty to any of the following: | 716 |
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 717 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, | 718 |
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, | 719 |
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 720 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 721 |
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, | 722 |
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, | 723 |
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, | 724 |
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 | 725 |
of the Revised Code, a violation of section 2905.04 of the Revised | 726 |
Code as it existed prior to July 1, 1996, a violation of section | 727 |
2919.23 of the Revised Code that would have been a violation of | 728 |
section 2905.04 of the Revised Code as it existed prior to July 1, | 729 |
1996, had the violation been committed prior to that date, a | 730 |
violation of section 2925.11 of the Revised Code that is not a | 731 |
minor drug possession offense, two or more OVI or OVUAC violations | 732 |
committed within the three years immediately preceding the | 733 |
submission of the application or petition that is the basis of the | 734 |
request, or felonious sexual penetration in violation of former | 735 |
section 2907.12 of the Revised Code; | 736 |
(b) A violation of an existing or former law of this state, | 737 |
any other state, or the United States that is substantially | 738 |
equivalent to any of the offenses listed in division (A)(8)(a) of | 739 |
this section. | 740 |
(9) Upon receipt of a request pursuant to section 5104.012 or | 741 |
5104.013 of the Revised Code, a completed form prescribed pursuant | 742 |
to division (C)(1) of this section, and a set of fingerprint | 743 |
impressions obtained in the manner described in division (C)(2) of | 744 |
this section, the superintendent of the bureau of criminal | 745 |
identification and investigation shall conduct a criminal records | 746 |
check in the manner described in division (B) of this section to | 747 |
determine whether any information exists that indicates that the | 748 |
person who is the subject of the request has been convicted of or | 749 |
pleaded guilty to any of the following: | 750 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 751 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, | 752 |
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, | 753 |
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, | 754 |
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, | 755 |
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, | 756 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 757 |
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 758 |
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, | 759 |
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, | 760 |
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or | 761 |
3716.11 of the Revised Code, felonious sexual penetration in | 762 |
violation of former section 2907.12 of the Revised Code, a | 763 |
violation of section 2905.04 of the Revised Code as it existed | 764 |
prior to July 1, 1996, a violation of section 2919.23 of the | 765 |
Revised Code that would have been a violation of section 2905.04 | 766 |
of the Revised Code as it existed prior to July 1, 1996, had the | 767 |
violation been committed prior to that date, a violation of | 768 |
section 2925.11 of the Revised Code that is not a minor drug | 769 |
possession offense, a violation of section 2923.02 or 2923.03 of | 770 |
the Revised Code that relates to a crime specified in this | 771 |
division, or a second violation of section 4511.19 of the Revised | 772 |
Code within five years of the date of application for licensure or | 773 |
certification. | 774 |
(b) A violation of an existing or former law of this state, | 775 |
any other state, or the United States that is substantially | 776 |
equivalent to any of the offenses or violations described in | 777 |
division (A)(9)(a) of this section. | 778 |
(10) Upon receipt of a request pursuant to section 5153.111 | 779 |
of the Revised Code, a completed form prescribed pursuant to | 780 |
division (C)(1) of this section, and a set of fingerprint | 781 |
impressions obtained in the manner described in division (C)(2) of | 782 |
this section, the superintendent of the bureau of criminal | 783 |
identification and investigation shall conduct a criminal records | 784 |
check in the manner described in division (B) of this section to | 785 |
determine whether any information exists that indicates that the | 786 |
person who is the subject of the request previously has been | 787 |
convicted of or pleaded guilty to any of the following: | 788 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 789 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 790 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 791 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 792 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 793 |
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 794 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 795 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, | 796 |
felonious sexual penetration in violation of former section | 797 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 798 |
Revised Code as it existed prior to July 1, 1996, a violation of | 799 |
section 2919.23 of the Revised Code that would have been a | 800 |
violation of section 2905.04 of the Revised Code as it existed | 801 |
prior to July 1, 1996, had the violation been committed prior to | 802 |
that date, or a violation of section 2925.11 of the Revised Code | 803 |
that is not a minor drug possession offense; | 804 |
(b) A violation of an existing or former law of this state, | 805 |
any other state, or the United States that is substantially | 806 |
equivalent to any of the offenses listed in division (A)(10)(a) of | 807 |
this section. | 808 |
(11) On receipt of a request for a criminal records check | 809 |
from an individual pursuant to section 4749.03 or 4749.06 of the | 810 |
Revised Code, accompanied by a completed copy of the form | 811 |
prescribed in division (C)(1) of this section and a set of | 812 |
fingerprint impressions obtained in a manner described in division | 813 |
(C)(2) of this section, the superintendent of the bureau of | 814 |
criminal identification and investigation shall conduct a criminal | 815 |
records check in the manner described in division (B) of this | 816 |
section to determine whether any information exists indicating | 817 |
that the person who is the subject of the request has been | 818 |
convicted of or pleaded guilty to a felony in this state or in any | 819 |
other state. If the individual indicates that a firearm will be | 820 |
carried in the course of business, the superintendent shall | 821 |
require information from the federal bureau of investigation as | 822 |
described in division (B)(2) of this section. | 823 |
division (F) of this section, the superintendent shall report the | 824 |
findings of the criminal records check and any information the | 825 |
federal bureau of investigation provides to the director of public | 826 |
safety. | 827 |
(12) On receipt of a request pursuant to section 1321.37, | 828 |
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised | 829 |
Code, a completed form prescribed pursuant to division (C)(1) of | 830 |
this section, and a set of fingerprint impressions obtained in the | 831 |
manner described in division (C)(2) of this section, the | 832 |
superintendent of the bureau of criminal identification and | 833 |
investigation shall conduct a criminal records check with respect | 834 |
to any person who has applied for a license, permit, or | 835 |
certification from the department of commerce or a division in the | 836 |
department. The superintendent shall conduct the criminal records | 837 |
check in the manner described in division (B) of this section to | 838 |
determine whether any information exists that indicates that the | 839 |
person who is the subject of the request previously has been | 840 |
convicted of or pleaded guilty to any of the following: a | 841 |
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or | 842 |
2925.03 of the Revised Code; any other criminal offense involving | 843 |
theft, receiving stolen property, embezzlement, forgery, fraud, | 844 |
passing bad checks, money laundering, or drug trafficking, or any | 845 |
criminal offense involving money or securities, as set forth in | 846 |
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of | 847 |
the Revised Code; or any existing or former law of this state, any | 848 |
other state, or the United States that is substantially equivalent | 849 |
to those offenses. | 850 |
(13) On receipt of a request for a criminal records check | 851 |
from the treasurer of state under section 113.041 of the Revised | 852 |
Code or from an individual under section 4701.08, 4715.101, | 853 |
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 854 |
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 855 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 856 |
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, | 857 |
4762.031, 4762.06, 4776.021, or 4779.091 of the Revised Code, | 858 |
accompanied by a completed form prescribed under division (C)(1) | 859 |
of this section and a set of fingerprint impressions obtained in | 860 |
the manner described in division (C)(2) of this section, the | 861 |
superintendent of the bureau of criminal identification and | 862 |
investigation shall conduct a criminal records check in the manner | 863 |
described in division (B) of this section to determine whether any | 864 |
information exists that indicates that the person who is the | 865 |
subject of the request has been convicted of or pleaded guilty to | 866 |
any criminal offense in this state or any other state. | 867 |
to division (F) of this section, the superintendent shall send the | 868 |
results of a check requested under section 113.041 of the Revised | 869 |
Code to the treasurer of state and shall send the results of a | 870 |
check requested under any of the other listed sections to the | 871 |
licensing board specified by the individual in the request. | 872 |
(14) On receipt of a request pursuant to section 1121.23, | 873 |
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised | 874 |
Code, a completed form prescribed pursuant to division (C)(1) of | 875 |
this section, and a set of fingerprint impressions obtained in the | 876 |
manner described in division (C)(2) of this section, the | 877 |
superintendent of the bureau of criminal identification and | 878 |
investigation shall conduct a criminal records check in the manner | 879 |
described in division (B) of this section to determine whether any | 880 |
information exists that indicates that the person who is the | 881 |
subject of the request previously has been convicted of or pleaded | 882 |
guilty to any criminal offense under any existing or former law of | 883 |
this state, any other state, or the United States. | 884 |
(15) On receipt of a request for a criminal records check | 885 |
from an appointing or licensing authority under section 3772.07 of | 886 |
the Revised Code, a completed form prescribed under division | 887 |
(C)(1) of this section, and a set of fingerprint impressions | 888 |
obtained in the manner prescribed in division (C)(2) of this | 889 |
section, the superintendent of the bureau of criminal | 890 |
identification and investigation shall conduct a criminal records | 891 |
check in the manner described in division (B) of this section to | 892 |
determine whether any information exists that indicates that the | 893 |
person who is the subject of the request previously has been | 894 |
convicted of or pleaded guilty or no contest to any offense under | 895 |
any existing or former law of this state, any other state, or the | 896 |
United States that is a disqualifying offense as defined in | 897 |
section 3772.07 of the Revised Code or substantially equivalent to | 898 |
such an offense. | 899 |
(16) | 900 |
than thirty days after the date the superintendent receives a | 901 |
request of a type described in division (A)(1), (2), (3), (4), | 902 |
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this | 903 |
section, the completed form, and the fingerprint impressions, the | 904 |
superintendent shall send the person, board, or entity that made | 905 |
the request any information, other than information the | 906 |
dissemination of which is prohibited by federal law, the | 907 |
superintendent determines exists with respect to the person who is | 908 |
the subject of the request that indicates that the person | 909 |
previously has been convicted of or pleaded guilty to any offense | 910 |
listed or described in division (A)(1), (2), (3), (4), (5), (6), | 911 |
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as | 912 |
appropriate. | 913 |
superintendent shall send the person, board, or entity that made | 914 |
the request a copy of the list of offenses specified in division | 915 |
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), | 916 |
(14), or (15) of this section, as appropriate. If the request was | 917 |
made under section 3701.881 of the Revised Code with regard to an | 918 |
applicant who may be both responsible for the care, custody, or | 919 |
control of a child and involved in providing direct care to an | 920 |
older adult, the superintendent shall provide a list of the | 921 |
offenses specified in divisions (A)(4) and (6) of this section. | 922 |
| 923 |
thirty days after the superintendent receives a request for a | 924 |
criminal records check pursuant to section 113.041 of the Revised | 925 |
Code, the completed form, and the fingerprint impressions, the | 926 |
superintendent shall send the treasurer of state any information, | 927 |
other than information the dissemination of which is prohibited by | 928 |
federal law, the superintendent determines exist with respect to | 929 |
the person who is the subject of the request that indicates that | 930 |
the person previously has been convicted of or pleaded guilty to | 931 |
any criminal offense in this state or any other state. | 932 |
(B) | 933 |
superintendent shall conduct any criminal records check requested | 934 |
under section 113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, | 935 |
1163.05, 1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, | 936 |
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, | 937 |
3721.121, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121, | 938 |
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, | 939 |
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, | 940 |
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, | 941 |
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, | 942 |
4776.021, 4779.091, 5104.012, 5104.013, 5111.032, 5111.033, | 943 |
5111.034, 5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or | 944 |
5153.111 of the Revised Code as follows: | 945 |
(1) The superintendent shall review or cause to be reviewed | 946 |
any relevant information gathered and compiled by the bureau under | 947 |
division (A) of section 109.57 of the Revised Code that relates to | 948 |
the person who is the subject of the request, including, if the | 949 |
criminal records check was requested under section 113.041, | 950 |
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, | 951 |
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, | 952 |
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, | 953 |
3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032, | 954 |
5111.033, 5111.034, 5119.693, 5119.85, 5123.081, 5126.28, | 955 |
5126.281, or 5153.111 of the Revised Code, any relevant | 956 |
information contained in records that have been sealed under | 957 |
section 2953.32 of the Revised Code; | 958 |
(2) If the request received by the superintendent asks for | 959 |
information from the federal bureau of investigation, the | 960 |
superintendent shall request from the federal bureau of | 961 |
investigation any information it has with respect to the person | 962 |
who is the subject of the request, including fingerprint-based | 963 |
checks of national crime information databases as described in 42 | 964 |
U.S.C. 671 if the request is made pursuant to section 2151.86, | 965 |
5104.012, or 5104.013 of the Revised Code or if any other Revised | 966 |
Code section requires fingerprint-based checks of that nature, and | 967 |
shall review or cause to be reviewed any information the | 968 |
superintendent receives from that bureau. If a request under | 969 |
section 3319.39 of the Revised Code asks only for information from | 970 |
the federal bureau of investigation, the superintendent shall not | 971 |
conduct the review prescribed by division (B)(1) of this section. | 972 |
(3) The superintendent or the superintendent's designee may | 973 |
request criminal history records from other states or the federal | 974 |
government pursuant to the national crime prevention and privacy | 975 |
compact set forth in section 109.571 of the Revised Code. | 976 |
(C)(1) The superintendent shall prescribe a form to obtain | 977 |
the information necessary to conduct a criminal records check from | 978 |
any person for whom a criminal records check is requested under | 979 |
section 113.041 of the Revised Code or required by section 121.08, | 980 |
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, | 981 |
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, | 982 |
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, | 983 |
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, | 984 |
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 985 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 986 |
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 987 |
4761.051, 4762.031, 4762.06, 4763.05, 4776.021, 4779.091, | 988 |
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693, | 989 |
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised | 990 |
Code. The form that the superintendent prescribes pursuant to this | 991 |
division may be in a tangible format, in an electronic format, or | 992 |
in both tangible and electronic formats. | 993 |
(2) The superintendent shall prescribe standard impression | 994 |
sheets to obtain the fingerprint impressions of any person for | 995 |
whom a criminal records check is requested under section 113.041 | 996 |
of the Revised Code or required by section 121.08, 173.27, | 997 |
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, | 998 |
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, | 999 |
3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101, | 1000 |
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 1001 |
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 1002 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 1003 |
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 1004 |
4761.051, 4762.031, 4762.06, 4763.05, 4776.021, 4779.091, | 1005 |
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693, | 1006 |
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised | 1007 |
Code. Any person for whom a records check is requested under or | 1008 |
required by any of those sections shall obtain the fingerprint | 1009 |
impressions at a county sheriff's office, municipal police | 1010 |
department, or any other entity with the ability to make | 1011 |
fingerprint impressions on the standard impression sheets | 1012 |
prescribed by the superintendent. The office, department, or | 1013 |
entity may charge the person a reasonable fee for making the | 1014 |
impressions. The standard impression sheets the superintendent | 1015 |
prescribes pursuant to this division may be in a tangible format, | 1016 |
in an electronic format, or in both tangible and electronic | 1017 |
formats. | 1018 |
(3) Subject to division (D) of this section, the | 1019 |
superintendent shall prescribe and charge a reasonable fee for | 1020 |
providing a criminal records check requested under section | 1021 |
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, | 1022 |
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, | 1023 |
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, | 1024 |
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, | 1025 |
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, | 1026 |
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, | 1027 |
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, | 1028 |
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4776.021, | 1029 |
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034, | 1030 |
5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the | 1031 |
Revised Code. The person making a criminal records request under | 1032 |
any of those sections shall pay the fee prescribed pursuant to | 1033 |
this division. A person making a request under section 3701.881 of | 1034 |
the Revised Code for a criminal records check for an applicant who | 1035 |
may be both responsible for the care, custody, or control of a | 1036 |
child and involved in providing direct care to an older adult | 1037 |
shall pay one fee for the request. In the case of a request under | 1038 |
section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or | 1039 |
5111.032 of the Revised Code, the fee shall be paid in the manner | 1040 |
specified in that section. | 1041 |
(4) The superintendent of the bureau of criminal | 1042 |
identification and investigation may prescribe methods of | 1043 |
forwarding fingerprint impressions and information necessary to | 1044 |
conduct a criminal records check, which methods shall include, but | 1045 |
not be limited to, an electronic method. | 1046 |
(D) A determination whether any information exists that | 1047 |
indicates that a person previously has been convicted of or | 1048 |
pleaded guilty to any offense listed or described in division | 1049 |
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or | 1050 |
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b), | 1051 |
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15) | 1052 |
of this section, or that indicates that a person previously has | 1053 |
been convicted of or pleaded guilty to any criminal offense in | 1054 |
this state or any other state regarding a criminal records check | 1055 |
of a type described in division (A)(13) of this section, and that | 1056 |
is made by the superintendent with respect to information | 1057 |
considered in a criminal records check in accordance with this | 1058 |
section is valid for the person who is the subject of the criminal | 1059 |
records check for a period of one year from the date upon which | 1060 |
the superintendent makes the determination. During the period in | 1061 |
which the determination in regard to a person is valid, if another | 1062 |
request under this section is made for a criminal records check | 1063 |
for that person, the superintendent shall provide the information | 1064 |
that is the basis for the superintendent's initial determination | 1065 |
at a lower fee than the fee prescribed for the initial criminal | 1066 |
records check. | 1067 |
(E) When the superintendent receives a request for | 1068 |
information from a registered private provider, the superintendent | 1069 |
shall proceed as if the request was received from a school | 1070 |
district board of education under section 3319.39 of the Revised | 1071 |
Code. The superintendent shall apply division (A)(7) of this | 1072 |
section to any such request for an applicant who is a teacher. | 1073 |
(F)(1) All information regarding the results of a criminal | 1074 |
records check conducted under this section that the superintendent | 1075 |
reports or sends under division (A)(11), (13), or (16) of this | 1076 |
section to the director of public safety, the treasurer of state, | 1077 |
or the person, board, or entity that made the request for the | 1078 |
criminal records check shall relate to the conviction of the | 1079 |
subject person, or the subject person's plea of guilty to, a | 1080 |
criminal offense. | 1081 |
(2) Division (F)(1) of this section does not limit, restrict, | 1082 |
or preclude the superintendent's release of information that | 1083 |
relates to an adjudication of a child as a delinquent child, or | 1084 |
that relates to a criminal conviction of a person under eighteen | 1085 |
years of age if the person's case was transferred back to a | 1086 |
juvenile court under division (B)(2) or (3) of section 2152.121 of | 1087 |
the Revised Code and the juvenile court imposed a disposition or | 1088 |
serious youthful offender disposition upon the person under either | 1089 |
division, if either of the following applies with respect to the | 1090 |
adjudication or conviction: | 1091 |
(a) The adjudication or conviction was for a violation of | 1092 |
section 2903.01 or 2903.02 of the Revised Code. | 1093 |
(b) The adjudication or conviction was for a sexually | 1094 |
oriented offense, as defined in section 2950.01 of the Revised | 1095 |
Code, the juvenile court was required to classify the child a | 1096 |
juvenile offender registrant for that offense under section | 1097 |
2152.82, 2152.83, or 2152.86 of the Revised Code, and that | 1098 |
classification has not been removed. | 1099 |
(G) As used in this section: | 1100 |
(1) "Criminal records check" means any criminal records check | 1101 |
conducted by the superintendent of the bureau of criminal | 1102 |
identification and investigation in accordance with division (B) | 1103 |
of this section. | 1104 |
(2) "Minor drug possession offense" has the same meaning as | 1105 |
in section 2925.01 of the Revised Code. | 1106 |
(3) "Older adult" means a person age sixty or older. | 1107 |
(4) "OVI or OVUAC violation" means a violation of section | 1108 |
4511.19 of the Revised Code or a violation of an existing or | 1109 |
former law of this state, any other state, or the United States | 1110 |
that is substantially equivalent to section 4511.19 of the Revised | 1111 |
Code. | 1112 |
(5) "Registered private provider" means a nonpublic school or | 1113 |
entity registered with the superintendent of public instruction | 1114 |
under section 3310.41 of the Revised Code to participate in the | 1115 |
autism scholarship program or section 3310.58 of the Revised Code | 1116 |
to participate in the Jon Peterson special needs scholarship | 1117 |
program. | 1118 |
Sec. 109.578. (A) On receipt of a request pursuant to section | 1119 |
505.381, 737.081, 737.221, or 4765.301 of the Revised Code, a | 1120 |
completed form prescribed pursuant to division (C)(1) of this | 1121 |
section, and a set of fingerprint impressions obtained in the | 1122 |
manner described in division (C)(2) of this section, the | 1123 |
superintendent of the bureau of criminal identification and | 1124 |
investigation shall conduct a criminal records check in the manner | 1125 |
described in division (B) of this section to determine whether any | 1126 |
information exists that indicates that the person who is the | 1127 |
subject of the request previously has been convicted of or pleaded | 1128 |
guilty to any of the following: | 1129 |
(1) A felony; | 1130 |
(2) A violation of section 2909.03 of the Revised Code; | 1131 |
(3) A violation of an existing or former law of this state, | 1132 |
any other state, or the United States that is substantially | 1133 |
equivalent to any of the offenses listed in division (A)(1) or (2) | 1134 |
of this section. | 1135 |
(B) | 1136 |
superintendent shall conduct any criminal records check pursuant | 1137 |
to division (A) of this section as follows: | 1138 |
(1) The superintendent shall review or cause to be reviewed | 1139 |
any relevant information gathered and compiled by the bureau under | 1140 |
division (A) of section 109.57 of the Revised Code that relates to | 1141 |
the person who is the subject of the request, including any | 1142 |
relevant information contained in records that have been sealed | 1143 |
under section 2953.32 of the Revised Code. | 1144 |
(2) If the request received by the superintendent asks for | 1145 |
information from the federal bureau of investigation, the | 1146 |
superintendent shall request from the federal bureau of | 1147 |
investigation any information it has with respect to the person | 1148 |
who is the subject of the request and shall review or cause to be | 1149 |
reviewed any information the superintendent receives from that | 1150 |
bureau. | 1151 |
(C)(1) The superintendent shall prescribe a form to obtain | 1152 |
the information necessary to conduct a criminal records check from | 1153 |
any person for whom a criminal records check is requested pursuant | 1154 |
to section 505.381, 737.081, 737.221, or 4765.301 of the Revised | 1155 |
Code. The form that the superintendent prescribes pursuant to this | 1156 |
division may be in a tangible format, in an electronic format, or | 1157 |
in both tangible and electronic formats. | 1158 |
(2) The superintendent shall prescribe standard impression | 1159 |
sheets to obtain the fingerprint impressions of any person for | 1160 |
whom a criminal records check is requested pursuant to section | 1161 |
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any | 1162 |
person for whom a records check is requested pursuant to any of | 1163 |
those sections shall obtain the fingerprint impressions at a | 1164 |
county sheriff's office, a municipal police department, or any | 1165 |
other entity with the ability to make fingerprint impressions on | 1166 |
the standard impression sheets prescribed by the superintendent. | 1167 |
The office, department, or entity may charge the person a | 1168 |
reasonable fee for making the impressions. The standard impression | 1169 |
sheets the superintendent prescribes pursuant to this division may | 1170 |
be in a tangible format, in an electronic format, or in both | 1171 |
tangible and electronic formats. | 1172 |
(3) Subject to division (D) of this section, the | 1173 |
superintendent shall prescribe and charge a reasonable fee for | 1174 |
providing a criminal records check requested under section | 1175 |
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The | 1176 |
person making the criminal records request shall pay the fee | 1177 |
prescribed pursuant to this division. | 1178 |
(4) The superintendent may prescribe methods of forwarding | 1179 |
fingerprint impressions and information necessary to conduct a | 1180 |
criminal records check. The methods shall include, but are not | 1181 |
limited to, an electronic method. | 1182 |
(D) A determination whether any information exists that | 1183 |
indicates that a person previously has been convicted of or | 1184 |
pleaded guilty to any offense listed or described in division (A) | 1185 |
of this section and that the superintendent made with respect to | 1186 |
information considered in a criminal records check in accordance | 1187 |
with this section is valid for the person who is the subject of | 1188 |
the criminal records check for a period of one year from the date | 1189 |
upon which the superintendent makes the determination. During the | 1190 |
period in which the determination in regard to a person is valid, | 1191 |
if another request under this section is made for a criminal | 1192 |
records check for that person, the superintendent shall provide | 1193 |
the information that is the basis for the superintendent's initial | 1194 |
determination at a lower fee than the fee prescribed for the | 1195 |
initial criminal records check. | 1196 |
(E)(1) All information regarding the results of a criminal | 1197 |
records check conducted under this section that the superintendent | 1198 |
reports or sends under this section to the person, board, or | 1199 |
entity that made the request for the criminal records check shall | 1200 |
relate to the conviction of the subject person, or the subject | 1201 |
person's plea of guilty to, a criminal offense. | 1202 |
(2) Division (E)(1) of this section does not limit, restrict, | 1203 |
or preclude the superintendent's release of information that | 1204 |
relates to an adjudication of a child as a delinquent child, or | 1205 |
that relates to a criminal conviction of a person under eighteen | 1206 |
years of age if the person's case was transferred back to a | 1207 |
juvenile court under division (B)(2) or (3) of section 2152.121 of | 1208 |
the Revised Code and the juvenile court imposed a disposition or | 1209 |
serious youthful offender disposition upon the person under either | 1210 |
division, if either of the following applies with respect to the | 1211 |
adjudication or conviction: | 1212 |
(a) The adjudication or conviction was for a violation of | 1213 |
section 2903.01 or 2903.02 of the Revised Code. | 1214 |
(b) The adjudication or conviction was for a sexually | 1215 |
oriented offense, as defined in section 2950.01 of the Revised | 1216 |
Code, the juvenile court was required to classify the child a | 1217 |
juvenile offender registrant for that offense under section | 1218 |
2152.82, 2152.83, or 2152.86 of the Revised Code, and that | 1219 |
classification has not been removed. | 1220 |
(F) As used in this section, "criminal records check" means | 1221 |
any criminal records check conducted by the superintendent of the | 1222 |
bureau of criminal identification and investigation in accordance | 1223 |
with division (B) of this section. | 1224 |
Sec. 2151.356. (A) The records of a case in which a person | 1225 |
was adjudicated a delinquent child for committing a violation of | 1226 |
section 2903.01, 2903.02, or 2907.02 | 1227 |
Revised Code shall not be sealed under this section. | 1228 |
(B)(1) The juvenile court shall promptly order the immediate | 1229 |
sealing of records pertaining to a juvenile in any of the | 1230 |
following circumstances: | 1231 |
(a) If the court receives a record from a public office or | 1232 |
agency under division (B)(2) of this section; | 1233 |
(b) If a person was brought before or referred to the court | 1234 |
for allegedly committing a delinquent or unruly act and the case | 1235 |
was resolved without the filing of a complaint against the person | 1236 |
with respect to that act pursuant to section 2151.27 of the | 1237 |
Revised Code; | 1238 |
(c) If a person was charged with violating division (E)(1) of | 1239 |
section 4301.69 of the Revised Code and the person has | 1240 |
successfully completed a diversion program under division | 1241 |
(E)(2)(a) of section 4301.69 of the Revised Code with respect to | 1242 |
that charge; | 1243 |
(d) If a complaint was filed against a person alleging that | 1244 |
the person was a delinquent child, an unruly child, or a juvenile | 1245 |
traffic offender and the court dismisses the complaint after a | 1246 |
trial on the merits of the case or finds the person not to be a | 1247 |
delinquent child, an unruly child, or a juvenile traffic offender; | 1248 |
(e) Notwithstanding division (C) of this section and subject | 1249 |
to section 2151.358 of the Revised Code, if a person has been | 1250 |
adjudicated an unruly child, that person has attained eighteen | 1251 |
years of age, and the person is not under the jurisdiction of the | 1252 |
court in relation to a complaint alleging the person to be a | 1253 |
delinquent child. | 1254 |
(2) The appropriate public office or agency shall immediately | 1255 |
deliver all original records at that public office or agency | 1256 |
pertaining to a juvenile to the court, if the person was arrested | 1257 |
or taken into custody for allegedly committing a delinquent or | 1258 |
unruly act, no complaint was filed against the person with respect | 1259 |
to the commission of the act pursuant to section 2151.27 of the | 1260 |
Revised Code, and the person was not brought before or referred to | 1261 |
the court for the commission of the act. The records delivered to | 1262 |
the court as required under this division shall not include | 1263 |
fingerprints, DNA specimens, and DNA records described under | 1264 |
division (A)(3) of section 2151.357 of the Revised Code. | 1265 |
(C)(1) The juvenile court shall consider the sealing of | 1266 |
records pertaining to a juvenile upon the court's own motion or | 1267 |
upon the application of a person if the person has been | 1268 |
adjudicated a delinquent child for committing an act other than a | 1269 |
violation of section 2903.01, 2903.02, or 2907.02 | 1270 |
1271 | |
traffic offender and if, at the time of the motion or application, | 1272 |
the person is not under the jurisdiction of the court in relation | 1273 |
to a complaint alleging the person to be a delinquent child. The | 1274 |
court shall not require a fee for the filing of the application. | 1275 |
The motion or application may be made at any time after | 1276 |
1277 | |
occur: | 1278 |
(a) The termination of any order made by the court in | 1279 |
relation to the adjudication; | 1280 |
(b) The unconditional discharge of the person from the | 1281 |
department of youth services with respect to a dispositional order | 1282 |
made in relation to the adjudication or from an institution or | 1283 |
facility to which the person was committed pursuant to a | 1284 |
dispositional order made in relation to the adjudication; | 1285 |
(c) The court enters an order under section 2152.84 or | 1286 |
2152.85 of the Revised Code that contains a determination that the | 1287 |
child is no longer a juvenile offender registrant. | 1288 |
(2) In making the determination whether to seal records | 1289 |
pursuant to division (C)(1) of this section, all of the following | 1290 |
apply: | 1291 |
(a) The court may require a person filing an application | 1292 |
under division (C)(1) of this section to submit any relevant | 1293 |
documentation to support the application. | 1294 |
(b) The court may cause an investigation to be made to | 1295 |
determine if the person who is the subject of the proceedings has | 1296 |
been rehabilitated to a satisfactory degree. | 1297 |
(c) The court shall promptly notify the prosecuting attorney | 1298 |
of any proceedings to seal records initiated pursuant to division | 1299 |
(C)(1) of this section. | 1300 |
(d)(i) The prosecuting attorney may file a response with the | 1301 |
court within thirty days of receiving notice of the sealing | 1302 |
proceedings. | 1303 |
(ii) If the prosecuting attorney does not file a response | 1304 |
with the court or if the prosecuting attorney files a response but | 1305 |
indicates that the prosecuting attorney does not object to the | 1306 |
sealing of the records, the court may order the records of the | 1307 |
person that are under consideration to be sealed without | 1308 |
conducting a hearing on the motion or application. If the court | 1309 |
decides in its discretion to conduct a hearing on the motion or | 1310 |
application, the court shall conduct the hearing within thirty | 1311 |
days after making that decision and shall give notice, by regular | 1312 |
mail, of the date, time, and location of the hearing to the | 1313 |
prosecuting attorney and to the person who is the subject of the | 1314 |
records under consideration. | 1315 |
(iii) If the prosecuting attorney files a response with the | 1316 |
court that indicates that the prosecuting attorney objects to the | 1317 |
sealing of the records, the court shall conduct a hearing on the | 1318 |
motion or application within thirty days after the court receives | 1319 |
the response. The court shall give notice, by regular mail, of the | 1320 |
date, time, and location of the hearing to the prosecuting | 1321 |
attorney and to the person who is the subject of the records under | 1322 |
consideration. | 1323 |
(e) After conducting a hearing in accordance with division | 1324 |
(C)(2)(d) of this section or after due consideration when a | 1325 |
hearing is not conducted, except as provided in division (B)(1)(c) | 1326 |
of this section, the court may order the records of the person | 1327 |
that are the subject of the motion or application to be sealed if | 1328 |
it finds that the person has been rehabilitated to a satisfactory | 1329 |
degree. In determining whether the person has been rehabilitated | 1330 |
to a satisfactory degree, the court may consider all of the | 1331 |
following: | 1332 |
(i) The age of the person; | 1333 |
(ii) The nature of the case; | 1334 |
(iii) The cessation or continuation of delinquent, unruly, or | 1335 |
criminal behavior; | 1336 |
(iv) The education and employment history of the person; | 1337 |
(v) The granting of a new tier classification or | 1338 |
declassification from the juvenile offender registry pursuant to | 1339 |
section 2152.85 of the Revised Code, except for public | 1340 |
registry-qualified juvenile offender registrants; | 1341 |
(vi) Any other circumstances that may relate to the | 1342 |
rehabilitation of the person who is the subject of the records | 1343 |
under consideration. | 1344 |
(D)(1)(a) The juvenile court shall provide verbal notice to a | 1345 |
person whose records are sealed under division (B) of this | 1346 |
section, if that person is present in the court at the time the | 1347 |
court issues a sealing order, that explains what sealing a record | 1348 |
means, states that the person may apply to have those records | 1349 |
expunged under section 2151.358 of the Revised Code, and explains | 1350 |
what expunging a record means. | 1351 |
(b) The juvenile court shall provide written notice to a | 1352 |
person whose records are sealed under division (B) of this section | 1353 |
by regular mail to the person's last known address, if that person | 1354 |
is not present in the court at the time the court issues a sealing | 1355 |
order and if the court does not seal the person's record upon the | 1356 |
court's own motion, that explains what sealing a record means, | 1357 |
states that the person may apply to have those records expunged | 1358 |
under section 2151.358 of the Revised Code, and explains what | 1359 |
expunging a record means. | 1360 |
(2) Upon final disposition of a case in which a person has | 1361 |
been adjudicated a delinquent child for committing an act other | 1362 |
than a violation of section 2903.01, 2903.02, or 2907.02 | 1363 |
1364 | |
traffic offender, the juvenile court shall provide written notice | 1365 |
to the person that does all of the following: | 1366 |
(a) States that the person may apply to the court for an | 1367 |
order to seal the record; | 1368 |
(b) Explains what sealing a record means; | 1369 |
(c) States that the person may apply to the court for an | 1370 |
order to expunge the record under section 2151.358 of the Revised | 1371 |
Code; | 1372 |
(d) Explains what expunging a record means. | 1373 |
(3) The department of youth services and any other | 1374 |
institution or facility that unconditionally discharges a person | 1375 |
who has been adjudicated a delinquent child, an unruly child, or a | 1376 |
juvenile traffic offender shall immediately give notice of the | 1377 |
discharge to the court that committed the person. The court shall | 1378 |
note the date of discharge on a separate record of discharges of | 1379 |
those natures. | 1380 |
Sec. 2152.02. As used in this chapter: | 1381 |
(A) "Act charged" means the act that is identified in a | 1382 |
complaint, indictment, or information alleging that a child is a | 1383 |
delinquent child. | 1384 |
(B) "Admitted to a department of youth services facility" | 1385 |
includes admission to a facility operated, or contracted for, by | 1386 |
the department and admission to a comparable facility outside this | 1387 |
state by another state or the United States. | 1388 |
(C)(1) "Child" means a person who is under eighteen years of | 1389 |
age, except as otherwise provided in divisions (C)(2) to | 1390 |
this section. | 1391 |
(2) Subject to division (C)(3) of this section, any person | 1392 |
who violates a federal or state law or a municipal ordinance prior | 1393 |
to attaining eighteen years of age shall be deemed a "child" | 1394 |
irrespective of that person's age at the time the complaint with | 1395 |
respect to that violation is filed or the hearing on the complaint | 1396 |
is held. | 1397 |
(3) Any person who, while under eighteen years of age, | 1398 |
commits an act that would be a felony if committed by an adult and | 1399 |
who is not taken into custody or apprehended for that act until | 1400 |
after the person attains twenty-one years of age is not a child in | 1401 |
relation to that act. | 1402 |
(4) Except as otherwise provided in | 1403 |
and (7) of this section, any person whose case is transferred for | 1404 |
criminal prosecution pursuant to section 2152.12 of the Revised | 1405 |
Code shall be deemed after the transfer not to be a child in the | 1406 |
transferred case. | 1407 |
(5) Any person whose case is transferred for criminal | 1408 |
prosecution pursuant to section 2152.12 of the Revised Code and | 1409 |
who subsequently is convicted of or pleads guilty to a felony in | 1410 |
that case, unless a serious youthful offender dispositional | 1411 |
sentence is imposed on the child for that offense under division | 1412 |
(B)(2) or (3) of section 2152.121 of the Revised Code and the | 1413 |
adult portion of that sentence is not invoked pursuant to section | 1414 |
2152.14 of the Revised Code, and any person who is adjudicated a | 1415 |
delinquent child for the commission of an act, who has a serious | 1416 |
youthful offender dispositional sentence imposed for the act | 1417 |
pursuant to section 2152.13 of the Revised Code, and whose adult | 1418 |
portion of the dispositional sentence is invoked pursuant to | 1419 |
section 2152.14 of the Revised Code, shall be deemed after the | 1420 |
1421 | |
case in which a complaint is filed against the person. | 1422 |
(6) The juvenile court has jurisdiction over a person who is | 1423 |
adjudicated a delinquent child or juvenile traffic offender prior | 1424 |
to attaining eighteen years of age until the person attains | 1425 |
twenty-one years of age, and, for purposes of that jurisdiction | 1426 |
related to that adjudication, except as otherwise provided in this | 1427 |
division, a person who is so adjudicated a delinquent child or | 1428 |
juvenile traffic offender shall be deemed a "child" until the | 1429 |
person attains twenty-one years of age. If a person is so | 1430 |
adjudicated a delinquent child or juvenile traffic offender and | 1431 |
the court makes a disposition of the person under this chapter, at | 1432 |
any time after the person attains | 1433 |
age, the places at which the person may be held under that | 1434 |
disposition are not limited to places authorized under this | 1435 |
chapter solely for confinement of children, and the person may be | 1436 |
confined under that disposition, in accordance with division | 1437 |
(F)(2) of section 2152.26 of the Revised Code, in places other | 1438 |
than those authorized under this chapter solely for confinement of | 1439 |
children. | 1440 |
(7) The juvenile court has jurisdiction over any person whose | 1441 |
case is transferred for criminal prosecution solely for the | 1442 |
purpose of detaining the person as authorized in division (F)(1) | 1443 |
or (4) of section 2152.26 of the Revised Code unless the person is | 1444 |
convicted of or pleads guilty to a felony in the adult court. | 1445 |
(8) Any person who, while eighteen years of age, violates | 1446 |
division (A)(1) or (2) of section 2919.27 of the Revised Code by | 1447 |
violating a protection order issued or consent agreement approved | 1448 |
under section 2151.34 or 3113.31 of the Revised Code shall be | 1449 |
considered a child for the purposes of that violation of section | 1450 |
2919.27 of the Revised Code. | 1451 |
(D) "Chronic truant" means any child of compulsory school age | 1452 |
who is absent without legitimate excuse for absence from the | 1453 |
public school the child is supposed to attend for seven or more | 1454 |
consecutive school days, ten or more school days in one school | 1455 |
month, or fifteen or more school days in a school year. | 1456 |
(E) "Community corrections facility," "public safety beds," | 1457 |
"release authority," and "supervised release" have the same | 1458 |
meanings as in section 5139.01 of the Revised Code. | 1459 |
(F) "Delinquent child" includes any of the following: | 1460 |
(1) Any child, except a juvenile traffic offender, who | 1461 |
violates any law of this state or the United States, or any | 1462 |
ordinance of a political subdivision of the state, that would be | 1463 |
an offense if committed by an adult; | 1464 |
(2) Any child who violates any lawful order of the court made | 1465 |
under this chapter or under Chapter 2151. of the Revised Code | 1466 |
other than an order issued under section 2151.87 of the Revised | 1467 |
Code; | 1468 |
(3) Any child who violates division (C) of section 2907.39, | 1469 |
division (A) of section 2923.211, or division (C)(1) or (D) of | 1470 |
section 2925.55 of the Revised Code; | 1471 |
(4) Any child who is a habitual truant and who previously has | 1472 |
been adjudicated an unruly child for being a habitual truant; | 1473 |
(5) Any child who is a chronic truant. | 1474 |
(G) "Discretionary serious youthful offender" means a person | 1475 |
who is eligible for a discretionary SYO and who is not transferred | 1476 |
to adult court under a mandatory or discretionary transfer. | 1477 |
(H) "Discretionary SYO" means a case in which the juvenile | 1478 |
court, in the juvenile court's discretion, may impose a serious | 1479 |
youthful offender disposition under section 2152.13 of the Revised | 1480 |
Code. | 1481 |
(I) "Discretionary transfer" means that the juvenile court | 1482 |
has discretion to transfer a case for criminal prosecution under | 1483 |
division (B) of section 2152.12 of the Revised Code. | 1484 |
(J) "Drug abuse offense," "felony drug abuse offense," and | 1485 |
"minor drug possession offense" have the same meanings as in | 1486 |
section 2925.01 of the Revised Code. | 1487 |
(K) "Electronic monitoring" and "electronic monitoring | 1488 |
device" have the same meanings as in section 2929.01 of the | 1489 |
Revised Code. | 1490 |
(L) "Economic loss" means any economic detriment suffered by | 1491 |
a victim of a delinquent act or juvenile traffic offense as a | 1492 |
direct and proximate result of the delinquent act or juvenile | 1493 |
traffic offense and includes any loss of income due to lost time | 1494 |
at work because of any injury caused to the victim and any | 1495 |
property loss, medical cost, or funeral expense incurred as a | 1496 |
result of the delinquent act or juvenile traffic offense. | 1497 |
"Economic loss" does not include non-economic loss or any punitive | 1498 |
or exemplary damages. | 1499 |
(M) "Firearm" has the same meaning as in section 2923.11 of | 1500 |
the Revised Code. | 1501 |
(N) "Juvenile traffic offender" means any child who violates | 1502 |
any traffic law, traffic ordinance, or traffic regulation of this | 1503 |
state, the United States, or any political subdivision of this | 1504 |
state, other than a resolution, ordinance, or regulation of a | 1505 |
political subdivision of this state the violation of which is | 1506 |
required to be handled by a parking violations bureau or a joint | 1507 |
parking violations bureau pursuant to Chapter 4521. of the Revised | 1508 |
Code. | 1509 |
(O) A "legitimate excuse for absence from the public school | 1510 |
the child is supposed to attend" has the same meaning as in | 1511 |
section 2151.011 of the Revised Code. | 1512 |
(P) "Mandatory serious youthful offender" means a person who | 1513 |
is eligible for a mandatory SYO and who is not transferred to | 1514 |
adult court under a mandatory or discretionary transfer and also | 1515 |
includes, for purposes of imposition of a mandatory serious | 1516 |
youthful dispositional sentence under section 2152.13 of the | 1517 |
Revised Code, a person upon whom a juvenile court is required to | 1518 |
impose such a sentence under division (B)(3) of section 2152.121 | 1519 |
of the Revised Code. | 1520 |
(Q) "Mandatory SYO" means a case in which the juvenile court | 1521 |
is required to impose a mandatory serious youthful offender | 1522 |
disposition under section 2152.13 of the Revised Code. | 1523 |
(R) "Mandatory transfer" means that a case is required to be | 1524 |
transferred for criminal prosecution under division (A) of section | 1525 |
2152.12 of the Revised Code. | 1526 |
(S) "Mental illness" has the same meaning as in section | 1527 |
5122.01 of the Revised Code. | 1528 |
(T) "Mentally retarded person" has the same meaning as in | 1529 |
section 5123.01 of the Revised Code. | 1530 |
(U) "Monitored time" and "repeat violent offender" have the | 1531 |
same meanings as in section 2929.01 of the Revised Code. | 1532 |
(V) "Of compulsory school age" has the same meaning as in | 1533 |
section 3321.01 of the Revised Code. | 1534 |
(W) "Public record" has the same meaning as in section 149.43 | 1535 |
of the Revised Code. | 1536 |
(X) "Serious youthful offender" means a person who is | 1537 |
eligible for a mandatory SYO or discretionary SYO but who is not | 1538 |
transferred to adult court under a mandatory or discretionary | 1539 |
transfer and also includes, for purposes of imposition of a | 1540 |
mandatory serious youthful dispositional sentence under section | 1541 |
2152.13 of the Revised Code, a person upon whom a juvenile court | 1542 |
is required to impose such a sentence under division (B)(3) of | 1543 |
section 2152.121 of the Revised Code. | 1544 |
(Y) "Sexually oriented offense," "juvenile offender | 1545 |
registrant," "child-victim oriented offense," "tier I sex | 1546 |
offender/child-victim offender," "tier II sex | 1547 |
offender/child-victim offender," "tier III sex | 1548 |
offender/child-victim offender," and "public registry-qualified | 1549 |
juvenile offender registrant" have the same meanings as in section | 1550 |
2950.01 of the Revised Code. | 1551 |
(Z) "Traditional juvenile" means a case that is not | 1552 |
transferred to adult court under a mandatory or discretionary | 1553 |
transfer, that is eligible for a disposition under sections | 1554 |
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and | 1555 |
that is not eligible for a disposition under section 2152.13 of | 1556 |
the Revised Code. | 1557 |
(AA) "Transfer" means the transfer for criminal prosecution | 1558 |
of a case involving the alleged commission by a child of an act | 1559 |
that would be an offense if committed by an adult from the | 1560 |
juvenile court to the appropriate court that has jurisdiction of | 1561 |
the offense. | 1562 |
(BB) "Category one offense" means any of the following: | 1563 |
(1) A violation of section 2903.01 or 2903.02 of the Revised | 1564 |
Code; | 1565 |
(2) A violation of section 2923.02 of the Revised Code | 1566 |
involving an attempt to commit aggravated murder or murder. | 1567 |
(CC) "Category two offense" means any of the following: | 1568 |
(1) A violation of section 2903.03, 2905.01, 2907.02, | 1569 |
2909.02, 2911.01, or 2911.11 of the Revised Code; | 1570 |
(2) A violation of section 2903.04 of the Revised Code that | 1571 |
is a felony of the first degree; | 1572 |
(3) A violation of section 2907.12 of the Revised Code as it | 1573 |
existed prior to September 3, 1996. | 1574 |
(DD) "Non-economic loss" means nonpecuniary harm suffered by | 1575 |
a victim of a delinquent act or juvenile traffic offense as a | 1576 |
result of or related to the delinquent act or juvenile traffic | 1577 |
offense, including, but not limited to, pain and suffering; loss | 1578 |
of society, consortium, companionship, care, assistance, | 1579 |
attention, protection, advice, guidance, counsel, instruction, | 1580 |
training, or education; mental anguish; and any other intangible | 1581 |
loss. | 1582 |
Sec. 2152.18. (A) When a juvenile court commits a delinquent | 1583 |
child to the custody of the department of youth services pursuant | 1584 |
to this chapter, the court shall not designate the specific | 1585 |
institution in which the department is to place the child but | 1586 |
instead shall specify that the child is to be institutionalized in | 1587 |
a secure facility. | 1588 |
(B) When a juvenile court commits a delinquent child to the | 1589 |
custody of the department of youth services pursuant to this | 1590 |
chapter, the court shall state in the order of commitment the | 1591 |
total number of days that the child has been | 1592 |
confined in connection with the delinquent child complaint upon | 1593 |
which the order of commitment is based. The court shall not | 1594 |
include days that the child has been under electronic monitoring | 1595 |
or house arrest or days that the child has been confined in a | 1596 |
halfway house. The department shall reduce the minimum period of | 1597 |
institutionalization that was ordered by both the total number of | 1598 |
days that the child has been so | 1599 |
stated by the court in the order of commitment and the total | 1600 |
number of any additional days that the child has been
| 1601 |
1602 | |
to the transfer of physical custody of the child to the | 1603 |
department. | 1604 |
(C)(1) When a juvenile court commits a delinquent child to | 1605 |
the custody of the department of youth services pursuant to this | 1606 |
chapter, the court shall provide the department with the child's | 1607 |
medical records, a copy of the report of any mental examination of | 1608 |
the child ordered by the court, the Revised Code section or | 1609 |
sections the child violated and the degree of each violation, the | 1610 |
warrant to convey the child to the department, a copy of the | 1611 |
court's journal entry ordering the commitment of the child to the | 1612 |
legal custody of the department, a copy of the arrest record | 1613 |
pertaining to the act for which the child was adjudicated a | 1614 |
delinquent child, a copy of any victim impact statement pertaining | 1615 |
to the act, and any other information concerning the child that | 1616 |
the department reasonably requests. The court also shall complete | 1617 |
the form for the standard predisposition investigation report that | 1618 |
the department furnishes pursuant to section 5139.04 of the | 1619 |
Revised Code and provide the department with the completed form. | 1620 |
The department may refuse to accept physical custody of a | 1621 |
delinquent child who is committed to the legal custody of the | 1622 |
department until the court provides to the department the | 1623 |
documents specified in this division. No officer or employee of | 1624 |
the department who refuses to accept physical custody of a | 1625 |
delinquent child who is committed to the legal custody of the | 1626 |
department shall be subject to prosecution or contempt of court | 1627 |
for the refusal if the court fails to provide the documents | 1628 |
specified in this division at the time the court transfers the | 1629 |
physical custody of the child to the department. | 1630 |
(2) Within twenty working days after the department of youth | 1631 |
services receives physical custody of a delinquent child from a | 1632 |
juvenile court, the court shall provide the department with a | 1633 |
certified copy of the child's birth certificate and the child's | 1634 |
social security number or, if the court made all reasonable | 1635 |
efforts to obtain the information but was unsuccessful, with | 1636 |
documentation of the efforts it made to obtain the information. | 1637 |
(3) If an officer is preparing pursuant to section 2947.06 or | 1638 |
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence | 1639 |
investigation report pertaining to a person, the department shall | 1640 |
make available to the officer, for use in preparing the report, | 1641 |
any records or reports it possesses regarding that person that it | 1642 |
received from a juvenile court pursuant to division (C)(1) of this | 1643 |
section or that pertain to the treatment of that person after the | 1644 |
person was committed to the custody of the department as a | 1645 |
delinquent child. | 1646 |
(D)(1) Within ten days after an adjudication that a child is | 1647 |
a delinquent child, the court shall give written notice of the | 1648 |
adjudication to the superintendent of a city, local, exempted | 1649 |
village, or joint vocational school district, and to the principal | 1650 |
of the school the child attends, if the basis of the adjudication | 1651 |
was the commission of an act that would be a criminal offense if | 1652 |
committed by an adult, if the act was committed by the delinquent | 1653 |
child when the child was fourteen years of age or older, and if | 1654 |
the act is any of the following: | 1655 |
(a) An act that would be a felony or an offense of violence | 1656 |
if committed by an adult, an act in the commission of which the | 1657 |
child used or brandished a firearm, or an act that is a violation | 1658 |
of section 2907.06, 2907.07, 2907.08, 2907.09, 2907.24, or | 1659 |
2907.241 of the Revised Code and that would be a misdemeanor if | 1660 |
committed by an adult; | 1661 |
(b) A violation of section 2923.12 of the Revised Code or of | 1662 |
a substantially similar municipal ordinance that would be a | 1663 |
misdemeanor if committed by an adult and that was committed on | 1664 |
property owned or controlled by, or at an activity held under the | 1665 |
auspices of, the board of education of that school district; | 1666 |
(c) A violation of division (A) of section 2925.03 or 2925.11 | 1667 |
of the Revised Code that would be a misdemeanor if committed by an | 1668 |
adult, that was committed on property owned or controlled by, or | 1669 |
at an activity held under the auspices of, the board of education | 1670 |
of that school district, and that is not a minor drug possession | 1671 |
offense; | 1672 |
(d) An act that would be a criminal offense if committed by | 1673 |
an adult and that results in serious physical harm to persons or | 1674 |
serious physical harm to property while the child is at school, on | 1675 |
any other property owned or controlled by the board, or at an | 1676 |
interscholastic competition, an extracurricular event, or any | 1677 |
other school program or activity; | 1678 |
(e) Complicity in any violation described in division | 1679 |
(D)(1)(a), (b), (c), or (d) of this section that was alleged to | 1680 |
have been committed in the manner described in division (D)(1)(a), | 1681 |
(b), (c), or (d) of this section, regardless of whether the act of | 1682 |
complicity was committed on property owned or controlled by, or at | 1683 |
an activity held under the auspices of, the board of education of | 1684 |
that school district. | 1685 |
(2) The notice given pursuant to division (D)(1) of this | 1686 |
section shall include the name of the child who was adjudicated to | 1687 |
be a delinquent child, the child's age at the time the child | 1688 |
committed the act that was the basis of the adjudication, and | 1689 |
identification of the violation of the law or ordinance that was | 1690 |
the basis of the adjudication. | 1691 |
(3) Within fourteen days after committing a delinquent child | 1692 |
to the custody of the department of youth services, the court | 1693 |
shall give notice to the school attended by the child of the | 1694 |
child's commitment by sending to that school a copy of the court's | 1695 |
journal entry ordering the commitment. As soon as possible after | 1696 |
receipt of the notice described in this division, the school shall | 1697 |
provide the department with the child's school transcript. | 1698 |
However, the department shall not refuse to accept a child | 1699 |
committed to it, and a child committed to it shall not be held in | 1700 |
a county or district detention facility, because of a school's | 1701 |
failure to provide the school transcript that it is required to | 1702 |
provide under this division. | 1703 |
(4) Within fourteen days after discharging or releasing a | 1704 |
child from an institution under its control, the department of | 1705 |
youth services shall provide the court and the superintendent of | 1706 |
the school district in which the child is entitled to attend | 1707 |
school under section 3313.64 or 3313.65 of the Revised Code with | 1708 |
the following: | 1709 |
(a) An updated copy of the child's school transcript; | 1710 |
(b) A report outlining the child's behavior in school while | 1711 |
in the custody of the department; | 1712 |
(c) The child's current individualized education program, as | 1713 |
defined in section 3323.01 of the Revised Code, if such a program | 1714 |
has been developed for the child; | 1715 |
(d) A summary of the institutional record of the child's | 1716 |
behavior. | 1717 |
The department also shall provide the court with a copy of | 1718 |
any portion of the child's institutional record that the court | 1719 |
specifically requests, within five working days of the request. | 1720 |
(E) At any hearing at which a child is adjudicated a | 1721 |
delinquent child or as soon as possible after the hearing, the | 1722 |
court shall notify all victims of the delinquent act who may be | 1723 |
entitled to a recovery under any of the following sections of the | 1724 |
right of the victims to recover, pursuant to section 3109.09 of | 1725 |
the Revised Code, compensatory damages from the child's parents; | 1726 |
of the right of the victims to recover, pursuant to section | 1727 |
3109.10 of the Revised Code, compensatory damages from the child's | 1728 |
parents for willful and malicious assaults committed by the child; | 1729 |
and of the right of the victims to recover an award of reparations | 1730 |
pursuant to sections 2743.51 to 2743.72 of the Revised Code. | 1731 |
Sec. 2152.26. (A) Except as provided in divisions (B) and | 1732 |
(F) of this section, a child alleged to be or adjudicated a | 1733 |
delinquent child or a juvenile traffic offender may be held only | 1734 |
in the following places: | 1735 |
(1) A certified foster home or a home approved by the court; | 1736 |
(2) A facility operated by a certified child welfare agency; | 1737 |
(3) Any other suitable place designated by the court. | 1738 |
(B) In addition to the places listed in division (A) of this | 1739 |
section, a child alleged to be or adjudicated a delinquent child | 1740 |
or a person described in division (C)(7) of section 2152.02 of the | 1741 |
Revised Code may be held in a detention facility for delinquent | 1742 |
children that is under the direction or supervision of the court | 1743 |
or other public authority or of a private agency and approved by | 1744 |
the court and a child adjudicated a delinquent child may be held | 1745 |
in accordance with division (F)(2) of this section in a facility | 1746 |
of a type specified in that division. Division (B) of this section | 1747 |
does not apply to a child alleged to be or adjudicated a | 1748 |
delinquent child for chronic truancy, unless the child violated a | 1749 |
lawful court order made pursuant to division (A)(6) of section | 1750 |
2152.19 of the Revised Code. Division (B) of this section also | 1751 |
does not apply to a child alleged to be or adjudicated a | 1752 |
delinquent child for being an habitual truant who previously has | 1753 |
been adjudicated an unruly child for being an habitual truant, | 1754 |
unless the child violated a lawful court order made pursuant to | 1755 |
division (C)(1)(e) of section 2151.354 of the Revised Code. | 1756 |
(C)(1) Except as provided under division (C)(1) of section | 1757 |
2151.311 of the Revised Code or division (A)(5) of section 2152.21 | 1758 |
of the Revised Code, a child alleged to be or adjudicated a | 1759 |
juvenile traffic offender may not be held in any of the following | 1760 |
facilities: | 1761 |
(a) A state correctional institution, county, multicounty, or | 1762 |
municipal jail or workhouse, or other place in which an adult | 1763 |
convicted of crime, under arrest, or charged with a crime is held. | 1764 |
(b) A secure correctional facility. | 1765 |
(2) Except as provided under this section, sections 2151.56 | 1766 |
to 2151.59, and divisions (A)(5) and (6) of section 2152.21 of the | 1767 |
Revised Code, a child alleged to be or adjudicated a juvenile | 1768 |
traffic offender may not be held for more than twenty-four hours | 1769 |
in a detention facility. | 1770 |
(D) Except as provided in division (F) of this section or in | 1771 |
division (C) of section 2151.311, in division (C)(2) of section | 1772 |
5139.06 and section 5120.162, or in division (B) of section | 1773 |
5120.16 of the Revised Code, a child who is alleged to be or is | 1774 |
adjudicated a delinquent child or a person described in division | 1775 |
(C)(7) of section 2152.02 of the Revised Code may not be held in a | 1776 |
state correctional institution, county, multicounty, or municipal | 1777 |
jail or workhouse, or other place where an adult convicted of | 1778 |
crime, under arrest, or charged with crime is held. | 1779 |
(E) Unless the detention is pursuant to division (F) of this | 1780 |
section or division (C) of section 2151.311, division (C)(2) of | 1781 |
section 5139.06 and section 5120.162, or division (B) of section | 1782 |
5120.16 of the Revised Code, the official in charge of the | 1783 |
institution, jail, workhouse, or other facility shall inform the | 1784 |
court immediately when a | 1785 |
under the age of eighteen years, or a person who is charged with a | 1786 |
violation of an order of a juvenile court or a violation of | 1787 |
probation or parole conditions imposed by a juvenile court and who | 1788 |
is or appears to be between the ages of eighteen and twenty-one | 1789 |
years, is received at the facility | 1790 |
person to the court upon request or transfer the
| 1791 |
a detention facility designated by the court. | 1792 |
(F)(1) If a case is transferred to another court for criminal | 1793 |
prosecution pursuant to section 2152.12 of the Revised Code and | 1794 |
the alleged offender is a person described in division (C)(7) of | 1795 |
section 2152.02 of the Revised Code, the
| 1796 |
transferred for detention pending the criminal prosecution in a | 1797 |
jail or other facility | 1798 |
1799 | |
circumstances described in division (F)(4) of this section. Any | 1800 |
child
| 1801 |
shall be confined in a manner that keeps the child beyond the | 1802 |
1803 | |
shall be supervised at all times during the detention. | 1804 |
(2) If a person is adjudicated a delinquent child or juvenile | 1805 |
traffic offender or is a person described in division (C)(7) of | 1806 |
section 2152.02 of the Revised Code and the court makes a | 1807 |
disposition of the person under this chapter, at any time after | 1808 |
the person attains | 1809 |
may be held under that disposition or under the circumstances | 1810 |
described in division (F)(4) of this section in places other than | 1811 |
those specified in division (A) of this section, including, but | 1812 |
not limited to, a county, multicounty, or municipal jail or | 1813 |
workhouse, or other place where an adult convicted of crime, under | 1814 |
arrest, or charged with crime is held. | 1815 |
(3)(a) A person alleged to be a delinquent child may be held | 1816 |
in places other than those specified in division (A) of this | 1817 |
section, including, but not limited to, a county, multicounty, or | 1818 |
municipal jail, if the delinquent act that the child allegedly | 1819 |
committed would be a felony if committed by an adult, and if | 1820 |
either of the following applies: | 1821 |
(i) The person attains | 1822 |
before the person is arrested or apprehended for that act. | 1823 |
(ii) The person is arrested or apprehended for that act | 1824 |
before the person attains | 1825 |
the person attains | 1826 |
court orders a disposition in the case. | 1827 |
(b) If, pursuant to division (F)(3)(a) of this section, a | 1828 |
person is held in a place other than a place specified in division | 1829 |
(A) of this section, the person has the same rights to bail as an | 1830 |
adult charged with the same offense who is confined in a jail | 1831 |
pending trial. | 1832 |
(4)(a) Any person whose case is transferred for criminal | 1833 |
prosecution pursuant to section 2151.10 or 2152.12 of the Revised | 1834 |
Code or any person who has attained the age of eighteen years but | 1835 |
has not attained the age of twenty-one years and who is being held | 1836 |
in a place specified in division (B) of this section may be held | 1837 |
under that disposition or charge in places other than those | 1838 |
specified in division (B) of this section, including a county, | 1839 |
multicounty, or municipal jail or workhouse, or other place where | 1840 |
an adult under arrest or charged with crime is held if the | 1841 |
juvenile court, upon its own motion or upon motion by the | 1842 |
prosecutor and after notice and hearing, establishes by a | 1843 |
preponderance of the evidence and makes written findings that the | 1844 |
youth is a threat to the safety and security of the facility. | 1845 |
Evidence that the youth is a threat to the safety and security of | 1846 |
the facility may include, but is not limited to, whether the youth | 1847 |
has done any of the following: | 1848 |
(i) Injured or created an imminent danger to the life or | 1849 |
health of another youth or staff member in the facility or program | 1850 |
by violent behavior; | 1851 |
(ii) Escaped from the facility or program in which the youth | 1852 |
is being held on more than one occasion; | 1853 |
(iii) Established a pattern of disruptive behavior as | 1854 |
verified by a written record that the youth's behavior is not | 1855 |
conducive to the established policies and procedures of the | 1856 |
facility or program in which the youth is being held. | 1857 |
(b) If the prosecutor submits a motion requesting that the | 1858 |
person be held in a place other than those specified in division | 1859 |
(B) of this section or if the court submits its own motion, the | 1860 |
juvenile court shall hold a hearing within five days of the filing | 1861 |
of the motion, and, in determining whether a place other than | 1862 |
those specified in division (B) of this section is the appropriate | 1863 |
place of confinement for the person, the court shall consider the | 1864 |
following factors: | 1865 |
(i) The age of the person; | 1866 |
(ii) Whether the person would be deprived of contact with | 1867 |
other people for a significant portion of the day or would not | 1868 |
have access to recreational facilities or age-appropriate | 1869 |
educational opportunities in order to provide physical separation | 1870 |
from adults; | 1871 |
(iii) The person's current emotional state, intelligence, and | 1872 |
developmental maturity, including any emotional and psychological | 1873 |
trauma, and the risk to the person in an adult facility, which may | 1874 |
be evidenced by mental health or psychological assessments or | 1875 |
screenings made available to the prosecuting attorney and the | 1876 |
defense counsel; | 1877 |
(iv) Whether detention in a juvenile facility would | 1878 |
adequately serve the need for community protection pending the | 1879 |
outcome of the criminal proceeding; | 1880 |
(v) The relative ability of the available adult and juvenile | 1881 |
detention facilities to meet the needs of the person, including | 1882 |
the person's need for age-appropriate mental health and | 1883 |
educational services delivered by individuals specifically trained | 1884 |
to deal with youth; | 1885 |
(vi) Whether the person presents an imminent risk of | 1886 |
self-inflicted harm or an imminent risk of harm to others within a | 1887 |
juvenile facility; | 1888 |
(vii) Any other factors the juvenile court considers to be | 1889 |
relevant. | 1890 |
(c) If the juvenile court determines that a place other than | 1891 |
those specified in division (B) of this section is the appropriate | 1892 |
place for confinement of a person pursuant to division (F)(4)(a) | 1893 |
of this section, the person may petition the juvenile court for a | 1894 |
review hearing thirty days after the initial confinement decision, | 1895 |
thirty days after any subsequent review hearing, or at any time | 1896 |
after the initial confinement decision upon an emergency petition | 1897 |
by the youth due to the youth facing an imminent danger from | 1898 |
others or the youth's self. Upon receipt of the petition, the | 1899 |
juvenile court has discretion over whether to conduct the review | 1900 |
hearing and may set the matter for a review hearing if the youth | 1901 |
has alleged facts or circumstances that, if true, would warrant | 1902 |
reconsideration of the youth's placement in a place other than | 1903 |
those specified in division (B) of this section based on the | 1904 |
factors listed in division (F)(4)(b) of this section. | 1905 |
(d) Upon the admission of a person described in division | 1906 |
(F)(4)(a) of this section to a place other than those specified in | 1907 |
division (B) of this section, the facility shall advise the person | 1908 |
of the person's right to request a review hearing as described in | 1909 |
division (F)(4)(d) of this section. | 1910 |
(e) Any person transferred under division (F)(4)(a) of this | 1911 |
section to a place other than those specified in division (B) of | 1912 |
this section shall be confined in a manner that keeps the person | 1913 |
beyond sight and sound of all adult detainees. The person shall be | 1914 |
supervised at all times during the detention. | 1915 |
Sec. 2705.031. (A) As used in this section, "Title IV-D | 1916 |
case" has the same meaning as in section 3125.01 of the Revised | 1917 |
Code. | 1918 |
(B)(1) Any party who has a legal claim to any support ordered | 1919 |
for a child, spouse, or former spouse may initiate a contempt | 1920 |
action for failure to pay the support. In Title IV-D cases, the | 1921 |
contempt action for failure to pay support also may be initiated | 1922 |
by an attorney retained by the party who has the legal claim, the | 1923 |
prosecuting attorney, or an attorney of the department of job and | 1924 |
family services or the child support enforcement agency. | 1925 |
(2) Any parent who is granted parenting time rights under a | 1926 |
parenting time order or decree issued pursuant to section 3109.051 | 1927 |
or 3109.12 of the Revised Code, any person who is granted | 1928 |
visitation rights under a visitation order or decree issued | 1929 |
pursuant to section 3109.051, 3109.11, or 3109.12 of the Revised | 1930 |
Code or pursuant to any other provision of the Revised Code, or | 1931 |
any other person who is subject to any parenting time or | 1932 |
visitation order or decree, may initiate a contempt action for a | 1933 |
failure to comply with, or an interference with, the order or | 1934 |
decree. | 1935 |
(C) In any contempt action initiated pursuant to division (B) | 1936 |
of this section, the accused shall appear upon the summons and | 1937 |
order to appear that is issued by the court. The summons shall | 1938 |
include all of the following: | 1939 |
(1) Notice that failure to appear may result in the issuance | 1940 |
of an order of arrest, and in cases involving alleged failure to | 1941 |
pay support, the issuance of an order for the payment of support | 1942 |
by withholding an amount from the personal earnings of the accused | 1943 |
or by withholding or deducting an amount from some other asset of | 1944 |
the accused; | 1945 |
(2) Notice that the accused has a right to counsel, and that | 1946 |
if indigent, the accused must apply for a public defender or court | 1947 |
appointed counsel within three business days after receipt of the | 1948 |
summons; | 1949 |
(3) Notice that the court may refuse to grant a continuance | 1950 |
at the time of the hearing for the purpose of the accused | 1951 |
obtaining counsel, if the accused fails to make a good faith | 1952 |
effort to retain counsel or to obtain a public defender; | 1953 |
(4) Notice of the potential penalties that could be imposed | 1954 |
upon the accused, if the accused is found guilty of contempt for | 1955 |
failure to pay support or for a failure to comply with, or an | 1956 |
interference with, a parenting time or visitation order or decree; | 1957 |
(5) Notice that the court may grant limited driving | 1958 |
privileges under section 4510.021 of the Revised Code pursuant to | 1959 |
a request made by the accused, if the driver's license was | 1960 |
suspended based on a notice issued pursuant to section 3123.54 of | 1961 |
the Revised Code by the child support enforcement agency and if | 1962 |
the request is accompanied by a recent noncertified copy of a | 1963 |
driver's abstract from the registrar of motor vehicles. | 1964 |
(D) If the accused is served as required by the Rules of | 1965 |
Civil Procedure or by any special statutory proceedings that are | 1966 |
relevant to the case, the court may order the attachment of the | 1967 |
person of the accused upon failure to appear as ordered by the | 1968 |
court. | 1969 |
(E) The imposition of any penalty for contempt under section | 1970 |
2705.05 of the Revised Code shall not eliminate any obligation of | 1971 |
the accused to pay any past, present, or future support obligation | 1972 |
or any obligation of the accused to comply with or refrain from | 1973 |
interfering with the parenting time or visitation order or decree. | 1974 |
The court shall have jurisdiction to make a finding of contempt | 1975 |
for the failure to pay support and to impose the penalties set | 1976 |
forth in section 2705.05 of the Revised Code in all cases in which | 1977 |
past due support is at issue even if the duty to pay support has | 1978 |
terminated, and shall have jurisdiction to make a finding of | 1979 |
contempt for a failure to comply with, or an interference with, a | 1980 |
parenting time or visitation order or decree and to impose the | 1981 |
penalties set forth in section 2705.05 of the Revised Code in all | 1982 |
cases in which the failure or interference is at issue even if the | 1983 |
parenting time or visitation order or decree no longer is in | 1984 |
effect. | 1985 |
Sec. 2907.24. (A) No person shall solicit another to engage | 1986 |
with such other person in sexual activity for hire. | 1987 |
(B) No person, with knowledge that the person has tested | 1988 |
positive as a carrier of a virus that causes acquired | 1989 |
immunodeficiency syndrome, shall engage in conduct in violation of | 1990 |
division (A) of this section. | 1991 |
(C)(1) Whoever violates division (A) of this section is | 1992 |
guilty of soliciting, a misdemeanor of the third degree. | 1993 |
(2) Whoever violates division (B) of this section is guilty | 1994 |
of engaging in solicitation after a positive HIV test. If the | 1995 |
offender commits the violation prior to July 1, 1996, engaging in | 1996 |
solicitation after a positive HIV test is a felony of the second | 1997 |
degree. If the offender commits the violation on or after July 1, | 1998 |
1996, engaging in solicitation after a positive HIV test is a | 1999 |
felony of the third degree. | 2000 |
(D) If a person is convicted of or pleads guilty to a | 2001 |
violation of any provision of this section, an attempt to commit a | 2002 |
violation of any provision of this section, or a violation of or | 2003 |
an attempt to commit a violation of a municipal ordinance that is | 2004 |
substantially equivalent to any provision of this section and if | 2005 |
the person, in committing or attempting to commit the violation, | 2006 |
was in, was on, or used a motor vehicle, the court, in addition to | 2007 |
or independent of all other penalties imposed for the violation, | 2008 |
2009 | |
person's driver's license, commercial driver's license, temporary | 2010 |
instruction permit, probationary license, or nonresident operating | 2011 |
privilege from the range specified in division (A)(6) of section | 2012 |
4510.02 of the Revised Code. In lieu of imposing upon the offender | 2013 |
the class six suspension, the court instead may require the | 2014 |
offender to perform community service for a number of hours | 2015 |
determined by the court. | 2016 |
Sec. 2913.02. (A) No person, with purpose to deprive the | 2017 |
owner of property or services, shall knowingly obtain or exert | 2018 |
control over either the property or services in any of the | 2019 |
following ways: | 2020 |
(1) Without the consent of the owner or person authorized to | 2021 |
give consent; | 2022 |
(2) Beyond the scope of the express or implied consent of the | 2023 |
owner or person authorized to give consent; | 2024 |
(3) By deception; | 2025 |
(4) By threat; | 2026 |
(5) By intimidation. | 2027 |
(B)(1) Whoever violates this section is guilty of theft. | 2028 |
(2) Except as otherwise provided in this division or division | 2029 |
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of | 2030 |
this section is petty theft, a misdemeanor of the first degree. If | 2031 |
the value of the property or services stolen is one thousand | 2032 |
dollars or more and is less than seven thousand five hundred | 2033 |
dollars or if the property stolen is any of the property listed in | 2034 |
section 2913.71 of the Revised Code, a violation of this section | 2035 |
is theft, a felony of the fifth degree. If the value of the | 2036 |
property or services stolen is seven thousand five hundred dollars | 2037 |
or more and is less than one hundred fifty thousand dollars, a | 2038 |
violation of this section is grand theft, a felony of the fourth | 2039 |
degree. If the value of the property or services stolen is one | 2040 |
hundred fifty thousand dollars or more and is less than seven | 2041 |
hundred fifty thousand dollars, a violation of this section is | 2042 |
aggravated theft, a felony of the third degree. If the value of | 2043 |
the property or services is seven hundred fifty thousand dollars | 2044 |
or more and is less than one million five hundred thousand | 2045 |
dollars, a violation of this section is aggravated theft, a felony | 2046 |
of the second degree. If the value of the property or services | 2047 |
stolen is one million five hundred thousand dollars or more, a | 2048 |
violation of this section is aggravated theft of one million five | 2049 |
hundred thousand dollars or more, a felony of the first degree. | 2050 |
(3) Except as otherwise provided in division (B)(4), (5), | 2051 |
(6), (7), or (8) of this section, if the victim of the offense is | 2052 |
an elderly person or disabled adult, a violation of this section | 2053 |
is theft from an elderly person or disabled adult, and division | 2054 |
(B)(3) of this section applies. Except as otherwise provided in | 2055 |
this division, theft from an elderly person or disabled adult is a | 2056 |
felony of the fifth degree. If the value of the property or | 2057 |
services stolen is one thousand dollars or more and is less than | 2058 |
seven thousand five hundred dollars, theft from an elderly person | 2059 |
or disabled adult is a felony of the fourth degree. If the value | 2060 |
of the property or services stolen is seven thousand five hundred | 2061 |
dollars or more and is less than thirty-seven thousand five | 2062 |
hundred dollars, theft from an elderly person or disabled adult is | 2063 |
a felony of the third degree. If the value of the property or | 2064 |
services stolen is thirty-seven thousand five hundred dollars or | 2065 |
more and is less than one hundred fifty thousand dollars, theft | 2066 |
from an elderly person or disabled adult is a felony of the second | 2067 |
degree. If the value of the property or services stolen is one | 2068 |
hundred fifty thousand dollars or more, theft from an elderly | 2069 |
person or disabled adult is a felony of the first degree. | 2070 |
(4) If the property stolen is a firearm or dangerous | 2071 |
ordnance, a violation of this section is grand theft. Except as | 2072 |
otherwise provided in this division, grand theft when the property | 2073 |
stolen is a firearm or dangerous ordnance is a felony of the third | 2074 |
degree, and there is a presumption in favor of the court imposing | 2075 |
a prison term for the offense. If the firearm or dangerous | 2076 |
ordnance was stolen from a federally licensed firearms dealer, | 2077 |
grand theft when the property stolen is a firearm or dangerous | 2078 |
ordnance is a felony of the first degree. The offender shall serve | 2079 |
a prison term imposed for grand theft when the property stolen is | 2080 |
a firearm or dangerous ordnance consecutively to any other prison | 2081 |
term or mandatory prison term previously or subsequently imposed | 2082 |
upon the offender. | 2083 |
(5) If the property stolen is a motor vehicle, a violation of | 2084 |
this section is grand theft of a motor vehicle, a felony of the | 2085 |
fourth degree. | 2086 |
(6) If the property stolen is any dangerous drug, a violation | 2087 |
of this section is theft of drugs, a felony of the fourth degree, | 2088 |
or, if the offender previously has been convicted of a felony drug | 2089 |
abuse offense, a felony of the third degree. | 2090 |
(7) If the property stolen is a police dog or horse or an | 2091 |
assistance dog and the offender knows or should know that the | 2092 |
property stolen is a police dog or horse or an assistance dog, a | 2093 |
violation of this section is theft of a police dog or horse or an | 2094 |
assistance dog, a felony of the third degree. | 2095 |
(8) If the property stolen is anhydrous ammonia, a violation | 2096 |
of this section is theft of anhydrous ammonia, a felony of the | 2097 |
third degree. | 2098 |
(9) In addition to the penalties described in division (B)(2) | 2099 |
of this section, if the offender committed the violation by | 2100 |
causing a motor vehicle to leave the premises of an establishment | 2101 |
at which gasoline is offered for retail sale without the offender | 2102 |
making full payment for gasoline that was dispensed into the fuel | 2103 |
tank of the motor vehicle or into another container, the court may | 2104 |
do one of the following: | 2105 |
(a) Unless division (B)(9)(b) of this section applies, | 2106 |
suspend for not more than six months the offender's driver's | 2107 |
license, probationary driver's license, commercial driver's | 2108 |
license, temporary instruction permit, or nonresident operating | 2109 |
privilege; | 2110 |
(b) If the offender's driver's license, probationary driver's | 2111 |
license, commercial driver's license, temporary instruction | 2112 |
permit, or nonresident operating privilege has previously been | 2113 |
suspended pursuant to division (B)(9)(a) of this section, impose a | 2114 |
class seven suspension of the offender's license, permit, or | 2115 |
privilege from the range specified in division (A)(7) of section | 2116 |
4510.02 of the Revised Code, provided that the suspension shall be | 2117 |
for at least six months. | 2118 |
(c) The court, in lieu of suspending the offender's driver's | 2119 |
or commercial driver's license, probationary driver's license, | 2120 |
temporary instruction permit, or nonresident operating privilege | 2121 |
pursuant to division (B)(9)(a) or (b) of this section, instead may | 2122 |
require the offender to perform community service for a number of | 2123 |
hours determined by the court. | 2124 |
(10) In addition to the penalties described in division | 2125 |
(B)(2) of this section, if the offender committed the violation by | 2126 |
stealing rented property or rental services, the court may order | 2127 |
that the offender make restitution pursuant to section 2929.18 or | 2128 |
2929.28 of the Revised Code. Restitution may include, but is not | 2129 |
limited to, the cost of repairing or replacing the stolen | 2130 |
property, or the cost of repairing the stolen property and any | 2131 |
loss of revenue resulting from deprivation of the property due to | 2132 |
theft of rental services that is less than or equal to the actual | 2133 |
value of the property at the time it was rented. Evidence of | 2134 |
intent to commit theft of rented property or rental services shall | 2135 |
be determined pursuant to the provisions of section 2913.72 of the | 2136 |
Revised Code. | 2137 |
(C) The sentencing court that suspends an offender's license, | 2138 |
permit, or nonresident operating privilege under division (B)(9) | 2139 |
of this section may grant the offender limited driving privileges | 2140 |
during the period of the suspension in accordance with Chapter | 2141 |
4510. of the Revised Code. | 2142 |
Sec. 2923.122. (A) No person shall knowingly convey, or | 2143 |
attempt to convey, a deadly weapon or dangerous ordnance into a | 2144 |
school safety zone. | 2145 |
(B) No person shall knowingly possess a deadly weapon or | 2146 |
dangerous ordnance in a school safety zone. | 2147 |
(C) No person shall knowingly possess an object in a school | 2148 |
safety zone if both of the following apply: | 2149 |
(1) The object is indistinguishable from a firearm, whether | 2150 |
or not the object is capable of being fired. | 2151 |
(2) The person indicates that the person possesses the object | 2152 |
and that it is a firearm, or the person knowingly displays or | 2153 |
brandishes the object and indicates that it is a firearm. | 2154 |
(D)(1) This section does not apply to any of the following: | 2155 |
(a) An officer, agent, or employee of this or any other state | 2156 |
or the United States, or a law enforcement officer, who is | 2157 |
authorized to carry deadly weapons or dangerous ordnance and is | 2158 |
acting within the scope of the officer's, agent's, or employee's | 2159 |
duties, a security officer employed by a board of education or | 2160 |
governing body of a school during the time that the security | 2161 |
officer is on duty pursuant to that contract of employment, or any | 2162 |
other person who has written authorization from the board of | 2163 |
education or governing body of a school to convey deadly weapons | 2164 |
or dangerous ordnance into a school safety zone or to possess a | 2165 |
deadly weapon or dangerous ordnance in a school safety zone and | 2166 |
who conveys or possesses the deadly weapon or dangerous ordnance | 2167 |
in accordance with that authorization; | 2168 |
(b) Any person who is employed in this state, who is | 2169 |
authorized to carry deadly weapons or dangerous ordnance, and who | 2170 |
is subject to and in compliance with the requirements of section | 2171 |
109.801 of the Revised Code, unless the appointing authority of | 2172 |
the person has expressly specified that the exemption provided in | 2173 |
division (D)(1)(b) of this section does not apply to the person. | 2174 |
(2) Division (C) of this section does not apply to premises | 2175 |
upon which home schooling is conducted. Division (C) of this | 2176 |
section also does not apply to a school administrator, teacher, or | 2177 |
employee who possesses an object that is indistinguishable from a | 2178 |
firearm for legitimate school purposes during the course of | 2179 |
employment, a student who uses an object that is indistinguishable | 2180 |
from a firearm under the direction of a school administrator, | 2181 |
teacher, or employee, or any other person who with the express | 2182 |
prior approval of a school administrator possesses an object that | 2183 |
is indistinguishable from a firearm for a legitimate purpose, | 2184 |
including the use of the object in a ceremonial activity, a play, | 2185 |
reenactment, or other dramatic presentation, or a ROTC activity or | 2186 |
another similar use of the object. | 2187 |
(3) This section does not apply to a person who conveys or | 2188 |
attempts to convey a handgun into, or possesses a handgun in, a | 2189 |
school safety zone if, at the time of that conveyance, attempted | 2190 |
conveyance, or possession of the handgun, all of the following | 2191 |
apply: | 2192 |
(a) The person does not enter into a school building or onto | 2193 |
school premises and is not at a school activity. | 2194 |
(b) The person is carrying a valid license or temporary | 2195 |
emergency license to carry a concealed handgun issued to the | 2196 |
person under section 2923.125 or 2923.1213 of the Revised Code or | 2197 |
a license to carry a concealed handgun that was issued by another | 2198 |
state with which the attorney general has entered into a | 2199 |
reciprocity agreement under section 109.69 of the Revised Code. | 2200 |
(c) The person is in the school safety zone in accordance | 2201 |
with 18 U.S.C. 922(q)(2)(B). | 2202 |
(d) The person is not knowingly in a place described in | 2203 |
division (B)(1) or (B)(3) to (10) of section 2923.126 of the | 2204 |
Revised Code. | 2205 |
(4) This section does not apply to a person who conveys or | 2206 |
attempts to convey a handgun into, or possesses a handgun in, a | 2207 |
school safety zone if at the time of that conveyance, attempted | 2208 |
conveyance, or possession of the handgun all of the following | 2209 |
apply: | 2210 |
(a) The person is carrying a valid license or temporary | 2211 |
emergency license to carry a concealed handgun issued to the | 2212 |
person under section 2923.125 or 2923.1213 of the Revised Code or | 2213 |
a license to carry a concealed handgun that was issued by another | 2214 |
state with which the attorney general has entered into a | 2215 |
reciprocity agreement under section 109.69 of the Revised Code. | 2216 |
(b) The person is the driver or passenger in a motor vehicle | 2217 |
and is in the school safety zone while immediately in the process | 2218 |
of picking up or dropping off a child. | 2219 |
(c) The person is not in violation of section 2923.16 of the | 2220 |
Revised Code. | 2221 |
(E)(1) Whoever violates division (A) or (B) of this section | 2222 |
is guilty of illegal conveyance or possession of a deadly weapon | 2223 |
or dangerous ordnance in a school safety zone. Except as otherwise | 2224 |
provided in this division, illegal conveyance or possession of a | 2225 |
deadly weapon or dangerous ordnance in a school safety zone is a | 2226 |
felony of the fifth degree. If the offender previously has been | 2227 |
convicted of a violation of this section, illegal conveyance or | 2228 |
possession of a deadly weapon or dangerous ordnance in a school | 2229 |
safety zone is a felony of the fourth degree. | 2230 |
(2) Whoever violates division (C) of this section is guilty | 2231 |
of illegal possession of an object indistinguishable from a | 2232 |
firearm in a school safety zone. Except as otherwise provided in | 2233 |
this division, illegal possession of an object indistinguishable | 2234 |
from a firearm in a school safety zone is a misdemeanor of the | 2235 |
first degree. If the offender previously has been convicted of a | 2236 |
violation of this section, illegal possession of an object | 2237 |
indistinguishable from a firearm in a school safety zone is a | 2238 |
felony of the fifth degree. | 2239 |
(F)(1) In addition to any other penalty imposed upon a person | 2240 |
who is convicted of or pleads guilty to a violation of this | 2241 |
section and subject to division (F)(2) of this section, if the | 2242 |
offender has not attained nineteen years of age, regardless of | 2243 |
whether the offender is attending or is enrolled in a school | 2244 |
operated by a board of education or for which the state board of | 2245 |
education prescribes minimum standards under section 3301.07 of | 2246 |
the Revised Code, the court shall impose upon the offender a class | 2247 |
four suspension of the offender's probationary driver's license, | 2248 |
restricted license, driver's license, commercial driver's license, | 2249 |
temporary instruction permit, or probationary commercial driver's | 2250 |
license that then is in effect from the range specified in | 2251 |
division (A)(4) of section 4510.02 of the Revised Code and shall | 2252 |
deny the offender the issuance of any permit or license of that | 2253 |
type during the period of the suspension. | 2254 |
If the offender is not a resident of this state, the court | 2255 |
shall impose a class four suspension of the nonresident operating | 2256 |
privilege of the offender from the range specified in division | 2257 |
(A)(4) of section 4510.02 of the Revised Code. | 2258 |
(2) If the offender shows good cause why the court should not | 2259 |
suspend one of the types of licenses, permits, or privileges | 2260 |
specified in division (F)(1) of this section or deny the issuance | 2261 |
of one of the temporary instruction permits specified in that | 2262 |
division, the court in its discretion may choose not to impose the | 2263 |
suspension, revocation, or denial required in that division, but | 2264 |
the court, in its discretion, instead may require the offender to | 2265 |
perform community service for a number of hours determined by the | 2266 |
court. | 2267 |
(G) As used in this section, "object that is | 2268 |
indistinguishable from a firearm" means an object made, | 2269 |
constructed, or altered so that, to a reasonable person without | 2270 |
specialized training in firearms, the object appears to be a | 2271 |
firearm. | 2272 |
Sec. 2925.14. (A) As used in this section, "drug | 2273 |
paraphernalia" means any equipment, product, or material of any | 2274 |
kind that is used by the offender, intended by the offender for | 2275 |
use, or designed for use, in propagating, cultivating, growing, | 2276 |
harvesting, manufacturing, compounding, converting, producing, | 2277 |
processing, preparing, testing, analyzing, packaging, repackaging, | 2278 |
storing, containing, concealing, injecting, ingesting, inhaling, | 2279 |
or otherwise introducing into the human body, a controlled | 2280 |
substance in violation of this chapter. "Drug paraphernalia" | 2281 |
includes, but is not limited to, any of the following equipment, | 2282 |
products, or materials that are used by the offender, intended by | 2283 |
the offender for use, or designed by the offender for use, in any | 2284 |
of the following manners: | 2285 |
(1) A kit for propagating, cultivating, growing, or | 2286 |
harvesting any species of a plant that is a controlled substance | 2287 |
or from which a controlled substance can be derived; | 2288 |
(2) A kit for manufacturing, compounding, converting, | 2289 |
producing, processing, or preparing a controlled substance; | 2290 |
(3) Any object, instrument, or device for manufacturing, | 2291 |
compounding, converting, producing, processing, or preparing | 2292 |
methamphetamine; | 2293 |
(4) An isomerization device for increasing the potency of any | 2294 |
species of a plant that is a controlled substance; | 2295 |
(5) Testing equipment for identifying, or analyzing the | 2296 |
strength, effectiveness, or purity of, a controlled substance; | 2297 |
(6) A scale or balance for weighing or measuring a controlled | 2298 |
substance; | 2299 |
(7) A diluent or adulterant, such as quinine hydrochloride, | 2300 |
mannitol, mannite, dextrose, or lactose, for cutting a controlled | 2301 |
substance; | 2302 |
(8) A separation gin or sifter for removing twigs and seeds | 2303 |
from, or otherwise cleaning or refining, marihuana; | 2304 |
(9) A blender, bowl, container, spoon, or mixing device for | 2305 |
compounding a controlled substance; | 2306 |
(10) A capsule, balloon, envelope, or container for packaging | 2307 |
small quantities of a controlled substance; | 2308 |
(11) A container or device for storing or concealing a | 2309 |
controlled substance; | 2310 |
(12) A hypodermic syringe, needle, or instrument for | 2311 |
parenterally injecting a controlled substance into the human body; | 2312 |
(13) An object, instrument, or device for ingesting, | 2313 |
inhaling, or otherwise introducing into the human body, marihuana, | 2314 |
cocaine, hashish, or hashish oil, such as a metal, wooden, | 2315 |
acrylic, glass, stone, plastic, or ceramic pipe, with or without a | 2316 |
screen, permanent screen, hashish head, or punctured metal bowl; | 2317 |
water pipe; carburetion tube or device; smoking or carburetion | 2318 |
mask; roach clip or similar object used to hold burning material, | 2319 |
such as a marihuana cigarette, that has become too small or too | 2320 |
short to be held in the hand; miniature cocaine spoon, or cocaine | 2321 |
vial; chamber pipe; carburetor pipe; electric pipe; air driver | 2322 |
pipe; chillum; bong; or ice pipe or chiller. | 2323 |
(B) In determining if any equipment, product, or material is | 2324 |
drug paraphernalia, a court or law enforcement officer shall | 2325 |
consider, in addition to other relevant factors, the following: | 2326 |
(1) Any statement by the owner, or by anyone in control, of | 2327 |
the equipment, product, or material, concerning its use; | 2328 |
(2) The proximity in time or space of the equipment, product, | 2329 |
or material, or of the act relating to the equipment, product, or | 2330 |
material, to a violation of any provision of this chapter; | 2331 |
(3) The proximity of the equipment, product, or material to | 2332 |
any controlled substance; | 2333 |
(4) The existence of any residue of a controlled substance on | 2334 |
the equipment, product, or material; | 2335 |
(5) Direct or circumstantial evidence of the intent of the | 2336 |
owner, or of anyone in control, of the equipment, product, or | 2337 |
material, to deliver it to any person whom the owner or person in | 2338 |
control of the equipment, product, or material knows intends to | 2339 |
use the object to facilitate a violation of any provision of this | 2340 |
chapter. A finding that the owner, or anyone in control, of the | 2341 |
equipment, product, or material, is not guilty of a violation of | 2342 |
any other provision of this chapter does not prevent a finding | 2343 |
that the equipment, product, or material was intended or designed | 2344 |
by the offender for use as drug paraphernalia. | 2345 |
(6) Any oral or written instruction provided with the | 2346 |
equipment, product, or material concerning its use; | 2347 |
(7) Any descriptive material accompanying the equipment, | 2348 |
product, or material and explaining or depicting its use; | 2349 |
(8) National or local advertising concerning the use of the | 2350 |
equipment, product, or material; | 2351 |
(9) The manner and circumstances in which the equipment, | 2352 |
product, or material is displayed for sale; | 2353 |
(10) Direct or circumstantial evidence of the ratio of the | 2354 |
sales of the equipment, product, or material to the total sales of | 2355 |
the business enterprise; | 2356 |
(11) The existence and scope of legitimate uses of the | 2357 |
equipment, product, or material in the community; | 2358 |
(12) Expert testimony concerning the use of the equipment, | 2359 |
product, or material. | 2360 |
(C)(1) | 2361 |
person shall knowingly use, or possess with purpose to use, drug | 2362 |
paraphernalia. | 2363 |
(2) No person shall knowingly sell, or possess or manufacture | 2364 |
with purpose to sell, drug paraphernalia, if the person knows or | 2365 |
reasonably should know that the equipment, product, or material | 2366 |
will be used as drug paraphernalia. | 2367 |
(3) No person shall place an advertisement in any newspaper, | 2368 |
magazine, handbill, or other publication that is published and | 2369 |
printed and circulates primarily within this state, if the person | 2370 |
knows that the purpose of the advertisement is to promote the | 2371 |
illegal sale in this state of the equipment, product, or material | 2372 |
that the offender intended or designed for use as drug | 2373 |
paraphernalia. | 2374 |
(D)(1) This section does not apply to manufacturers, licensed | 2375 |
health professionals authorized to prescribe drugs, pharmacists, | 2376 |
owners of pharmacies, and other persons whose conduct is in | 2377 |
accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731., | 2378 |
and 4741. of the Revised Code. This section shall not be construed | 2379 |
to prohibit the possession or use of a hypodermic as authorized by | 2380 |
section 3719.172 of the Revised Code. | 2381 |
(2) Division (C)(1) of this section does not apply to a | 2382 |
person's use, or possession with purpose to use, any drug | 2383 |
paraphernalia that is equipment, a product, or material of any | 2384 |
kind that is used by the person, intended by the person for use, | 2385 |
or designed for use in storing, containing, concealing, injecting, | 2386 |
ingesting, inhaling, or otherwise introducing into the human body | 2387 |
marihuana. | 2388 |
(E) Notwithstanding Chapter 2981. of the Revised Code, any | 2389 |
drug paraphernalia that was used, possessed, sold, or manufactured | 2390 |
in a violation of this section shall be seized, after a conviction | 2391 |
for that violation shall be forfeited, and upon forfeiture shall | 2392 |
be disposed of pursuant to division (B) of section 2981.12 of the | 2393 |
Revised Code. | 2394 |
(F)(1) Whoever violates division (C)(1) of this section is | 2395 |
guilty of illegal use or possession of drug paraphernalia, a | 2396 |
misdemeanor of the fourth degree. | 2397 |
(2) Except as provided in division (F)(3) of this section, | 2398 |
whoever violates division (C)(2) of this section is guilty of | 2399 |
dealing in drug paraphernalia, a misdemeanor of the second degree. | 2400 |
(3) Whoever violates division (C)(2) of this section by | 2401 |
selling drug paraphernalia to a juvenile is guilty of selling drug | 2402 |
paraphernalia to juveniles, a misdemeanor of the first degree. | 2403 |
(4) Whoever violates division (C)(3) of this section is | 2404 |
guilty of illegal advertising of drug paraphernalia, a misdemeanor | 2405 |
of the second degree. | 2406 |
(G) In addition to any other sanction imposed upon an | 2407 |
offender for a violation of this section, the court shall suspend | 2408 |
for not less than six months or more than five years the | 2409 |
offender's driver's or commercial driver's license or permit. If | 2410 |
the offender is a professionally licensed person, in addition to | 2411 |
any other sanction imposed for a violation of this section, the | 2412 |
court immediately shall comply with section 2925.38 of the Revised | 2413 |
Code. | 2414 |
Sec. 2925.141. (A) As used in this section, "drug | 2415 |
paraphernalia" has the same meaning as in section 2925.14 of the | 2416 |
Revised Code. | 2417 |
(B) In determining if any equipment, product, or material is | 2418 |
drug paraphernalia, a court or law enforcement officer shall | 2419 |
consider, in addition to other relevant factors, all factors | 2420 |
identified in division (B) of section 2925.14 of the Revised Code. | 2421 |
(C) No person shall knowingly use, or possess with purpose to | 2422 |
use, any drug paraphernalia that is equipment, a product, or | 2423 |
material of any kind that is used by the person, intended by the | 2424 |
person for use, or designed for use in storing, containing, | 2425 |
concealing, injecting, ingesting, inhaling, or otherwise | 2426 |
introducing into the human body marihuana. | 2427 |
(D) This section does not apply to any person identified in | 2428 |
division (D)(1) of section 2925.14 of the Revised Code, and it | 2429 |
shall not be construed to prohibit the possession or use of a | 2430 |
hypodermic as authorized by section 3719.172 of the Revised Code. | 2431 |
(E) Division (E) of section 2925.14 of the Revised Code | 2432 |
applies with respect to any drug paraphernalia that was used or | 2433 |
possessed in violation of this section. | 2434 |
(F) Whoever violates division (C) of this section is guilty | 2435 |
of illegal use or possession of marihuana drug paraphernalia, a | 2436 |
minor misdemeanor. | 2437 |
(G) In addition to any other sanction imposed upon an | 2438 |
offender for a violation of this section, the court shall suspend | 2439 |
for not less than six months or more than five years the | 2440 |
offender's driver's or commercial driver's license or permit. If | 2441 |
the offender is a professionally licensed person, in addition to | 2442 |
any other sanction imposed for a violation of this section, the | 2443 |
court immediately shall comply with section 2925.38 of the Revised | 2444 |
Code. | 2445 |
Sec. 2925.38. If a person who is convicted of or pleads | 2446 |
guilty to a violation of section 2925.02, 2925.03, 2925.04, | 2447 |
2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14, | 2448 |
2925.141, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 | 2449 |
of the Revised Code is a professionally licensed person, in | 2450 |
addition to any other sanctions imposed for the violation, the | 2451 |
court, except as otherwise provided in this section, immediately | 2452 |
shall transmit a certified copy of the judgment entry of | 2453 |
conviction to the regulatory or licensing board or agency that has | 2454 |
the administrative authority to suspend or revoke the offender's | 2455 |
professional license. If the professionally licensed person who is | 2456 |
convicted of or pleads guilty to a violation of any section listed | 2457 |
in this section is a person who has been admitted to the bar by | 2458 |
order of the supreme court in compliance with its prescribed and | 2459 |
published rules, in addition to any other sanctions imposed for | 2460 |
the violation, the court immediately shall transmit a certified | 2461 |
copy of the judgment entry of conviction to the secretary of the | 2462 |
board of commissioners on grievances and discipline of the supreme | 2463 |
court and to either the disciplinary counsel or the president, | 2464 |
secretary, and chairperson of each certified grievance committee. | 2465 |
Sec. 2947.23. (A)(1)(a) In all criminal cases, including | 2466 |
violations of ordinances, the judge or magistrate shall include in | 2467 |
the sentence the costs of prosecution, including any costs under | 2468 |
section 2947.231 of the Revised Code, and render a judgment | 2469 |
against the defendant for such costs. At the time the judge or | 2470 |
magistrate imposes sentence, the judge or magistrate shall notify | 2471 |
the defendant of both of the following: | 2472 |
| 2473 |
to timely make payments towards that judgment under a payment | 2474 |
schedule approved by the court, the court may order the defendant | 2475 |
to perform community service in an amount of not more than forty | 2476 |
hours per month until the judgment is paid or until the court is | 2477 |
satisfied that the defendant is in compliance with the approved | 2478 |
payment schedule. | 2479 |
| 2480 |
community service, the defendant will receive credit upon the | 2481 |
judgment at the specified hourly credit rate per hour of community | 2482 |
service performed, and each hour of community service performed | 2483 |
will reduce the judgment by that amount. | 2484 |
(b) The failure of a judge or magistrate to notify the | 2485 |
defendant pursuant to division (A)(1)(a) of this section does not | 2486 |
negate or limit the authority of the court to order the defendant | 2487 |
to perform community service if the defendant fails to pay the | 2488 |
judgment described in that division or to timely make payments | 2489 |
toward that judgment under an approved payment plan. | 2490 |
(2) The following shall apply in all criminal cases: | 2491 |
(a) If a jury has been sworn at the trial of a case, the fees | 2492 |
of the jurors shall be included in the costs, which shall be paid | 2493 |
to the public treasury from which the jurors were paid. | 2494 |
(b) If a jury has not been sworn at the trial of a case | 2495 |
because of a defendant's failure to appear without good cause, the | 2496 |
costs incurred in summoning jurors for that particular trial may | 2497 |
be included in the costs of prosecution. If the costs incurred in | 2498 |
summoning jurors are assessed against the defendant, those costs | 2499 |
shall be paid to the public treasury from which the jurors were | 2500 |
paid. | 2501 |
(B) If a judge or magistrate has reason to believe that a | 2502 |
defendant has failed to pay the judgment described in division (A) | 2503 |
of this section or has failed to timely make payments towards that | 2504 |
judgment under a payment schedule approved by the judge or | 2505 |
magistrate, the judge or magistrate shall hold a hearing to | 2506 |
determine whether to order the offender to perform community | 2507 |
service for that failure. The judge or magistrate shall notify | 2508 |
both the defendant and the prosecuting attorney of the place, | 2509 |
time, and date of the hearing and shall give each an opportunity | 2510 |
to present evidence. If, after the hearing, the judge or | 2511 |
magistrate determines that the defendant has failed to pay the | 2512 |
judgment or to timely make payments under the payment schedule and | 2513 |
that imposition of community service for the failure is | 2514 |
appropriate, the judge or magistrate may order the offender to | 2515 |
perform community service in an amount of not more than forty | 2516 |
hours per month until the judgment is paid or until the judge or | 2517 |
magistrate is satisfied that the offender is in compliance with | 2518 |
the approved payment schedule. If the judge or magistrate orders | 2519 |
the defendant to perform community service under this division, | 2520 |
the defendant shall receive credit upon the judgment at the | 2521 |
specified hourly credit rate per hour of community service | 2522 |
performed, and each hour of community service performed shall | 2523 |
reduce the judgment by that amount. Except for the credit and | 2524 |
reduction provided in this division, ordering an offender to | 2525 |
perform community service under this division does not lessen the | 2526 |
amount of the judgment and does not preclude the state from taking | 2527 |
any other action to execute the judgment. | 2528 |
(C) As used in this section, "specified hourly credit rate" | 2529 |
means the wage rate that is specified in 26 U.S.C.A. 206(a)(1) | 2530 |
under the federal Fair Labor Standards Act of 1938, that then is | 2531 |
in effect, and that an employer subject to that provision must pay | 2532 |
per hour to each of the employer's employees who is subject to | 2533 |
that provision. | 2534 |
Sec. 2949.08. (A) When a person who is convicted of or | 2535 |
pleads guilty to a felony is sentenced to a community residential | 2536 |
sanction in a community-based correctional facility pursuant to | 2537 |
section 2929.16 of the Revised Code or when a person who is | 2538 |
convicted of or pleads guilty to a felony or a misdemeanor is | 2539 |
sentenced to a term of imprisonment in a jail, the judge or | 2540 |
magistrate shall order the person into the custody of the sheriff | 2541 |
or constable, and the sheriff or constable shall deliver the | 2542 |
person with the record of the person's conviction to the jailer, | 2543 |
administrator, or keeper, in whose custody the person shall remain | 2544 |
until the term of imprisonment expires or the person is otherwise | 2545 |
legally discharged. | 2546 |
(B) The record of the person's conviction shall specify the | 2547 |
total number of days, if any, that the person was confined for any | 2548 |
reason arising out of the offense for which the person was | 2549 |
convicted and sentenced prior to delivery to the jailer, | 2550 |
administrator, or keeper under this section. The record shall be | 2551 |
used to determine any reduction of sentence under division (C) of | 2552 |
this section. | 2553 |
(C)(1) If the person is sentenced to a jail for a felony or a | 2554 |
misdemeanor, the jailer in charge of a jail shall reduce the | 2555 |
sentence of a person delivered into the jailer's custody pursuant | 2556 |
to division (A) of this section by the total number of days the | 2557 |
person was confined for any reason arising out of the offense for | 2558 |
which the person was convicted and sentenced, including | 2559 |
confinement in lieu of bail while awaiting trial, confinement for | 2560 |
examination to determine the person's competence to stand trial or | 2561 |
to determine sanity, | 2562 |
to the place where the person is to serve the sentence, and | 2563 |
confinement in a juvenile facility. | 2564 |
(2) If the person is sentenced to a community-based | 2565 |
correctional facility for a felony, the total amount of time that | 2566 |
a person shall be confined in a community-based correctional | 2567 |
facility, in a jail, and for any reason arising out of the offense | 2568 |
for which the person was convicted and sentenced prior to delivery | 2569 |
to the jailer, administrator, or keeper shall not exceed the | 2570 |
maximum prison term available for that offense. Any term in a jail | 2571 |
shall be reduced first pursuant to division (C)(1) of this section | 2572 |
by the total number of days the person was confined prior to | 2573 |
delivery to the jailer, administrator, or keeper. Only after the | 2574 |
term in a jail has been entirely reduced may the term in a | 2575 |
community-based correctional facility be reduced pursuant to this | 2576 |
division. This division does not affect the limitations placed on | 2577 |
the duration of a term in a jail or a community-based correctional | 2578 |
facility under divisions (A)(1), (2), and (3) of section 2929.16 | 2579 |
of the Revised Code. | 2580 |
(D) For purposes of divisions (B) and (C) of this section, a | 2581 |
person shall be considered to have been confined for a day if the | 2582 |
person was confined for any period or periods of time totaling | 2583 |
more than eight hours during that day. | 2584 |
(E) As used in this section, "community-based correctional | 2585 |
facility" and "jail" have the same meanings as in section 2929.01 | 2586 |
of the Revised Code. | 2587 |
Sec. 2953.25. (A) As used in this section: | 2588 |
(1) "Collateral sanction" means a penalty, disability, or | 2589 |
disadvantage that is related to employment or occupational | 2590 |
licensing, however denominated, as a result of the individual's | 2591 |
conviction of or plea of guilty to an offense and that applies by | 2592 |
operation of law in this state whether or not the penalty, | 2593 |
disability, or disadvantage is included in the sentence or | 2594 |
judgment imposed. | 2595 |
"Collateral sanction" does not include imprisonment, | 2596 |
probation, parole, supervised release, forfeiture, restitution, | 2597 |
fine, assessment, or costs of prosecution. | 2598 |
(2) "Decision-maker" includes, but is not limited to, the | 2599 |
state acting through a department, agency, board, commission, or | 2600 |
instrumentality established by the law of this state for the | 2601 |
exercise of any function of government, a political subdivision, | 2602 |
an educational institution, or a government contractor or | 2603 |
subcontractor made subject to this section by contract, law, or | 2604 |
ordinance. | 2605 |
(3) "Department-funded program" means a residential or | 2606 |
nonresidential program that is not a term in a state correctional | 2607 |
institution, that is funded in whole or part by the department of | 2608 |
rehabilitation and correction, and that is imposed as a sanction | 2609 |
for an offense, as part of a sanction that is imposed for an | 2610 |
offense, or as a term or condition of any sanction that is imposed | 2611 |
for an offense. | 2612 |
(4) "Designee" means the person designated by the deputy | 2613 |
director of the division of parole and community services to | 2614 |
perform the duties designated in division (B) of this section. | 2615 |
(5) "Division of parole and community services" means the | 2616 |
division of parole and community services of the department of | 2617 |
rehabilitation and correction. | 2618 |
(6) "Offense" means any felony or misdemeanor under the laws | 2619 |
of this state. | 2620 |
(7) "Political subdivision" has the same meaning as in | 2621 |
section 2969.21 of the Revised Code. | 2622 |
(B)(1) After the provisions of this division become operative | 2623 |
as described in division (J) of this section, an individual who is | 2624 |
subject to one or more collateral sanctions as a result of being | 2625 |
convicted of or pleading guilty to an offense and who either has | 2626 |
served a term in a state correctional institution for any offense | 2627 |
or has spent time in a department-funded program for any offense | 2628 |
may file a petition with the designee of the deputy director of | 2629 |
the division of parole and community services for a certificate of | 2630 |
qualification for employment. | 2631 |
(2) After the provisions of this division become operative as | 2632 |
described in division (J) of this section, an individual who is | 2633 |
subject to one or more collateral sanctions as a result of being | 2634 |
convicted of or pleading guilty to an offense and who is not in a | 2635 |
category described in division (B)(1) of this section may file a | 2636 |
petition with the court of common pleas of the county in which the | 2637 |
person resides or with the designee of the deputy director of the | 2638 |
division of parole and community services for a certificate of | 2639 |
qualification for employment. | 2640 |
(3) A petition under division (B)(1) or (2) of this section | 2641 |
shall be made on a copy of the form prescribed by the division of | 2642 |
parole and community services under division (J) of this section | 2643 |
and shall contain all of the information described in division (F) | 2644 |
of this section. | 2645 |
(4) An individual may file a petition under division (B)(1) | 2646 |
or (2) of this section at any time after the expiration of | 2647 |
whichever of the following is applicable: | 2648 |
(a) If the offense that resulted in the collateral sanction | 2649 |
from which the individual seeks relief is a felony, at any time | 2650 |
after the expiration of one year from the date of release of the | 2651 |
individual from any period of incarceration in a state or local | 2652 |
correctional facility that was imposed for that offense and all | 2653 |
periods of supervision imposed after release from the period of | 2654 |
incarceration or, if the individual was not incarcerated for that | 2655 |
offense, at any time after the expiration of one year from the | 2656 |
date of the individual's final release from all other sanctions | 2657 |
imposed for that offense. | 2658 |
(b) If the offense that resulted in the collateral sanction | 2659 |
from which the individual seeks relief is a misdemeanor, at any | 2660 |
time after the expiration of six months from the date of release | 2661 |
of the individual from any period of incarceration in a local | 2662 |
correctional facility that was imposed for that offense and all | 2663 |
periods of supervision imposed after release from the period of | 2664 |
incarceration or, if the individual was not incarcerated for that | 2665 |
offense, at any time after the expiration of six months from the | 2666 |
date of the final release of the individual from all sanctions | 2667 |
imposed for that offense including any period of supervision. | 2668 |
(5)(a) A designee that receives a petition for a | 2669 |
certification of qualification for employment from an individual | 2670 |
under division (B)(1) or (2) of this section shall review the | 2671 |
petition to determine whether it is complete. If the petition is | 2672 |
complete, the designee shall forward the petition, and any other | 2673 |
information the designee possesses that relates to the petition, | 2674 |
to the court of common pleas of the county in which the individual | 2675 |
resides. | 2676 |
(b) A court of common pleas that receives a petition for a | 2677 |
certificate of qualification for employment from an individual | 2678 |
under division (B)(2) of this section, or that is forwarded a | 2679 |
petition for such a certificate under division (B)(5)(a) of this | 2680 |
section, shall attempt to determine all other courts in this state | 2681 |
in which the individual was convicted of or pleaded guilty to an | 2682 |
offense other than the offense from which the individual is | 2683 |
seeking relief. The court that receives or is forwarded the | 2684 |
petition shall notify all other courts in this state that it | 2685 |
determines under this division were courts in which the individual | 2686 |
was convicted of or pleaded guilty to an offense other than the | 2687 |
offense from which the individual is seeking relief that the | 2688 |
individual has filed the petition and that the court may send | 2689 |
comments regarding the possible issuance of the certificate. | 2690 |
A court of common pleas that receives a petition for a | 2691 |
certificate of qualification for employment under division (B)(2) | 2692 |
of this section shall notify the prosecuting attorney of the | 2693 |
county in which the individual resides that the individual has | 2694 |
filed the petition. | 2695 |
(C)(1) Upon receiving a petition for a certificate of | 2696 |
qualification for employment filed by an individual under division | 2697 |
(B)(2) of this section or being forwarded a petition for such a | 2698 |
certificate under division (B)(5)(a) of this section, the court | 2699 |
shall review the individual's petition, the individual's criminal | 2700 |
history, all filings submitted by the prosecutor or by the victim | 2701 |
in accordance with rules adopted by the division of parole and | 2702 |
community services, and all other relevant evidence. The court may | 2703 |
order any report, investigation, or disclosure by the individual | 2704 |
that the court believes is necessary for the court to reach a | 2705 |
decision on whether to approve the individual's petition for a | 2706 |
certificate of qualification for employment. | 2707 |
(2) Upon receiving a petition for a certificate of | 2708 |
qualification for employment filed by an individual under division | 2709 |
(B)(2) of this section or being forwarded a petition for such a | 2710 |
certificate under division (B)(5)(a) of this section, except as | 2711 |
otherwise provided in this division, the court shall decide | 2712 |
whether to issue the certificate within sixty days after the court | 2713 |
receives or is forwarded the completed petition and all | 2714 |
information requested for the court to make that decision. Upon | 2715 |
request of the individual who filed the petition, the court may | 2716 |
extend the sixty-day period specified in this division. | 2717 |
(3) Subject to division (C)(5) of this section, a court that | 2718 |
receives an individual's petition for a certificate of | 2719 |
qualification for employment under division (B)(2) of this section | 2720 |
or that is forwarded a petition for such a certificate under | 2721 |
division (B)(5)(a) of this section may issue a certificate of | 2722 |
qualification for employment, at the court's discretion, if the | 2723 |
court finds that the individual has established all of the | 2724 |
following by a preponderance of the evidence: | 2725 |
(a) Granting the petition will materially assist the | 2726 |
individual in obtaining employment or occupational licensing. | 2727 |
(b) The individual has a substantial need for the relief | 2728 |
requested in order to live a law-abiding life. | 2729 |
(c) Granting the petition would not pose an unreasonable risk | 2730 |
to the safety of the public or any individual. | 2731 |
(4) The submission of an incomplete petition by an individual | 2732 |
shall not be grounds for the designee or court to deny the | 2733 |
petition. | 2734 |
(5) A court that receives an individual's petition for a | 2735 |
certificate of qualification for employment under division (B)(2) | 2736 |
of this section or that is forwarded a petition for such a | 2737 |
certificate under division (B)(5)(a) of this section shall not | 2738 |
issue a certificate of qualification for employment that grants | 2739 |
the individual relief from any of the following collateral | 2740 |
sanctions: | 2741 |
(a) Requirements imposed by Chapter 2950. of the Revised Code | 2742 |
and rules adopted under sections 2950.13 and 2950.132 of the | 2743 |
Revised Code; | 2744 |
(b) A driver's license, commercial driver's license, or | 2745 |
probationary license suspension, cancellation, or revocation | 2746 |
pursuant to section 4510.037, 4510.07, 4511.19, or 4511.191 of the | 2747 |
Revised Code if the relief sought is available pursuant to section | 2748 |
4510.021 or division (B) of section 4510.13 of the Revised Code; | 2749 |
(c) Restrictions on employment as a prosecutor or law | 2750 |
enforcement officer; | 2751 |
(d) The denial, ineligibility, or automatic suspension of a | 2752 |
license that is imposed upon an individual applying for or holding | 2753 |
a license as a health care professional under Title XLVII of the | 2754 |
Revised Code if the individual is convicted of, pleads guilty to, | 2755 |
is subject to a judicial finding of eligibility for intervention | 2756 |
in lieu of conviction in this state under section 2951.041 of the | 2757 |
Revised Code, or is subject to treatment or intervention in lieu | 2758 |
of conviction for a violation of section 2903.01, 2903.02, | 2759 |
2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, | 2760 |
2911.01, 2911.11, or 2919.123 of the Revised Code; | 2761 |
(e) The immediate suspension of a license, certificate, or | 2762 |
evidence of registration that is imposed upon an individual | 2763 |
holding a license as a health care professional under Title XLVII | 2764 |
of the Revised Code pursuant to division (C) of section 3719.121 | 2765 |
of the Revised Code; | 2766 |
(f) The denial or ineligibility for employment in a pain | 2767 |
clinic under division (B)(4) of section 4729.552 of the Revised | 2768 |
Code; | 2769 |
(g) The mandatory suspension of a license that is imposed on | 2770 |
an individual applying for or holding a license as a health care | 2771 |
professional under Title XLVII of the Revised Code pursuant to | 2772 |
section 3123.43 of the Revised Code. | 2773 |
(6) If a court that receives an individual's petition for a | 2774 |
certificate of qualification for employment under division (B)(2) | 2775 |
of this section or that is forwarded a petition for such a | 2776 |
certificate under division (B)(5)(a) of this section denies the | 2777 |
petition, the court shall provide written notice to the individual | 2778 |
of the court's denial. The court may place conditions on the | 2779 |
individual regarding the individual's filing of any subsequent | 2780 |
petition for a certificate of qualification for employment. The | 2781 |
written notice must notify the individual of any conditions placed | 2782 |
on the individual's filing of a subsequent petition for a | 2783 |
certificate of qualification for employment. | 2784 |
If a court of common pleas that receives an individual's | 2785 |
petition for a certificate of qualification for employment under | 2786 |
division (B)(2) of this section or that is forwarded a petition | 2787 |
for such a certificate under division (B)(5)(a) of this section | 2788 |
denies the petition, the individual may appeal the decision to the | 2789 |
court of appeals only if the individual alleges that the denial | 2790 |
was an abuse of discretion on the part of the court of common | 2791 |
pleas. | 2792 |
(D) A certificate of qualification for employment issued to | 2793 |
an individual lifts the automatic bar of a collateral sanction, | 2794 |
and a decision-maker may consider on a case-by-case basis whether | 2795 |
to grant or deny the issuance or restoration of an occupational | 2796 |
license or an employment opportunity, notwithstanding the | 2797 |
individual's possession of the certificate, without, however, | 2798 |
reconsidering or rejecting any finding made by a designee or court | 2799 |
under division (C)(3) of this section. | 2800 |
(E) A certificate of qualification for employment does not | 2801 |
grant the individual to whom the certificate was issued relief | 2802 |
from the mandatory civil impacts identified in division (A)(1) of | 2803 |
section 2961.01 or division (B) of section 2961.02 of the Revised | 2804 |
Code. | 2805 |
(F) A petition for a certificate of qualification for | 2806 |
employment filed by an individual under division (B)(1) or (2) of | 2807 |
this section shall include all of the following: | 2808 |
(1) The individual's name, date of birth, and social security | 2809 |
number; | 2810 |
(2) All aliases of the individual and all social security | 2811 |
numbers associated with those aliases; | 2812 |
(3) The individual's residence address, including the city, | 2813 |
county, and state of residence and zip code; | 2814 |
(4) The length of time that the individual has been a | 2815 |
resident of this state, expressed in years and months of | 2816 |
residence; | 2817 |
(5) The name or type of each collateral sanction from which | 2818 |
the individual is requesting a certificate of qualification for | 2819 |
employment; | 2820 |
(6) A summary of the individual's criminal history with | 2821 |
respect to each offense that is a disqualification from employment | 2822 |
or licensing in an occupation or profession, including the years | 2823 |
of each conviction or plea of guilty for each of those offenses; | 2824 |
(7) A summary of the individual's employment history, | 2825 |
specifying the name of, and dates of employment with, each | 2826 |
employer; | 2827 |
(8) Verifiable references and endorsements; | 2828 |
(9) The name of one or more immediate family members of the | 2829 |
individual, or other persons with whom the individual has a close | 2830 |
relationship, who support the individual's reentry plan; | 2831 |
(10) A summary of the reason the individual believes the | 2832 |
certificate of qualification for employment should be granted; | 2833 |
(11) Any other information required by rule by the department | 2834 |
of rehabilitation and correction. | 2835 |
(G)(1) In a judicial or administrative proceeding alleging | 2836 |
negligence or other fault, a certificate of qualification for | 2837 |
employment issued to an individual under this section may be | 2838 |
introduced as evidence of a person's due care in hiring, | 2839 |
retaining, licensing, leasing to, admitting to a school or | 2840 |
program, or otherwise transacting business or engaging in activity | 2841 |
with the individual to whom the certificate of qualification for | 2842 |
employment was issued if the person knew of the certificate at the | 2843 |
time of the alleged negligence or other fault. | 2844 |
(2) In any proceeding on a claim against an employer for | 2845 |
negligent hiring, a certificate of qualification for employment | 2846 |
issued to an individual under this section shall provide immunity | 2847 |
for the employer as to the claim if the employer knew of the | 2848 |
certificate at the time of the alleged negligence. | 2849 |
(3) If an employer hires an individual who has been issued a | 2850 |
certificate of qualification for employment under this section, if | 2851 |
the individual, after being hired, subsequently demonstrates | 2852 |
dangerousness or is convicted of or pleads guilty to a felony, and | 2853 |
if the employer retains the individual as an employee after the | 2854 |
demonstration of dangerousness or the conviction or guilty plea, | 2855 |
the employer may be held liable in a civil action that is based on | 2856 |
or relates to the retention of the individual as an employee only | 2857 |
if it is proved by a preponderance of the evidence that the person | 2858 |
having hiring and firing responsibility for the employer had | 2859 |
actual knowledge that the employee was dangerous or had been | 2860 |
convicted of or pleaded guilty to the felony and was willful in | 2861 |
retaining the individual as an employee after the demonstration of | 2862 |
dangerousness or the conviction or guilty plea of which the person | 2863 |
has actual knowledge. | 2864 |
(H) A certificate of qualification for employment issued | 2865 |
under this section shall be presumptively revoked if the | 2866 |
individual to whom the certificate of qualification for employment | 2867 |
was issued is convicted of or pleads guilty to a felony offense | 2868 |
committed subsequent to the issuance of the certificate of | 2869 |
qualification for employment. | 2870 |
(I) A designee's forwarding, or failure to forward, a | 2871 |
petition for a certificate of qualification for employment to a | 2872 |
court or a court's issuance, or failure to issue, a petition for a | 2873 |
certificate of qualification for employment to an individual under | 2874 |
division (B) of this section does not give rise to a claim for | 2875 |
damages against the department of rehabilitation and correction or | 2876 |
court. | 2877 |
(J) Not later than ninety days after the effective date of | 2878 |
this section, the division of parole and community services shall | 2879 |
adopt rules in accordance with Chapter 119. of the Revised Code | 2880 |
for the implementation and administration of this section and | 2881 |
shall prescribe the form for the petition to be used under | 2882 |
division (B)(1) or (2) of this section. The form for the petition | 2883 |
shall include places for all of the information specified in | 2884 |
division (F) of this section. Upon the adoption of the rules, the | 2885 |
provisions of divisions (A) to (I) of this section become | 2886 |
operative. | 2887 |
(K) The department of rehabilitation and correction shall | 2888 |
conduct a study to determine the manner for transferring the | 2889 |
mechanism for the issuance of a certificate of qualification for | 2890 |
employment created by this section to an electronic database | 2891 |
established and maintained by the department. The database to | 2892 |
which the mechanism is to be transferred shall include granted | 2893 |
certificates and revoked certificates and shall be designed to | 2894 |
track the number of certificates granted and revoked, the | 2895 |
industries, occupations, and professions with respect to which the | 2896 |
certificates have been most applicable, the types of employers | 2897 |
that have accepted the certificates, and the recidivism rates of | 2898 |
individuals who have been issued the certificates. Not later than | 2899 |
the date that is one year after the effective date of this | 2900 |
section, the department of rehabilitation and correction shall | 2901 |
submit to the general assembly and the governor a report that | 2902 |
contains the results of the study and recommendations for | 2903 |
transferring the mechanism for the issuance of certificate of | 2904 |
qualification for employment created by this section to an | 2905 |
electronic database established and maintained by the department. | 2906 |
(L) The department of rehabilitation and correction, in | 2907 |
conjunction with the Ohio judicial conference, shall conduct a | 2908 |
study to determine whether the application process for | 2909 |
certificates of qualification for employment created by this | 2910 |
section is feasible based upon the caseload capacity of the | 2911 |
department and the courts of common pleas. Not later than the date | 2912 |
that is one year after the effective date of this section, the | 2913 |
department shall submit to the general assembly a report that | 2914 |
contains the results of the study and any recommendations for | 2915 |
improvement of the application process. | 2916 |
Sec. 2953.31. As used in sections 2953.31 to 2953.36 of the | 2917 |
Revised Code: | 2918 |
(A) " | 2919 |
convicted of an offense in this state or any other jurisdiction | 2920 |
and who
| 2921 |
2922 | |
conviction, not more than two misdemeanor convictions if the | 2923 |
convictions are not of the same offense, or not more than one | 2924 |
felony conviction and one misdemeanor conviction in this state or | 2925 |
any other jurisdiction. When two or more convictions result from | 2926 |
or are connected with the same act or result from offenses | 2927 |
committed at the same time, they shall be counted as one | 2928 |
conviction. When two or three convictions result from the same | 2929 |
indictment, information, or complaint, from the same plea of | 2930 |
guilty, or from the same official proceeding, and result from | 2931 |
related criminal acts that were committed within a three-month | 2932 |
period but do not result from the same act or from offenses | 2933 |
committed at the same time, they shall be counted as one | 2934 |
conviction, provided that a court may decide as provided in | 2935 |
division (C)(1)(a) of section 2953.32 of the Revised Code that it | 2936 |
is not in the public interest for the two or three convictions to | 2937 |
be counted as one conviction. | 2938 |
For purposes of, and except as otherwise provided in, this | 2939 |
division, a conviction for a minor misdemeanor, for a violation of | 2940 |
any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the | 2941 |
Revised Code, or for a violation of a municipal ordinance that is | 2942 |
substantially similar to any section in those chapters is not a | 2943 |
2944 | |
violation of section 4511.19, 4511.251, 4549.02, 4549.021, | 2945 |
4549.03, 4549.042, or 4549.62 or sections 4549.41 to 4549.46 of | 2946 |
the Revised Code, for a violation of section 4510.11 or 4510.14 of | 2947 |
the Revised Code that is based upon the offender's operation of a | 2948 |
vehicle during a suspension imposed under section 4511.191 or | 2949 |
4511.196 of the Revised Code, for a violation of a substantially | 2950 |
equivalent municipal ordinance, for a felony violation of Title | 2951 |
XLV of the Revised Code, or for a violation of a substantially | 2952 |
equivalent former law of this state or former municipal ordinance | 2953 |
shall be considered a | 2954 |
(B) "Prosecutor" means the county prosecuting attorney, city | 2955 |
director of law, village solicitor, or similar chief legal | 2956 |
officer, who has the authority to prosecute a criminal case in the | 2957 |
court in which the case is filed. | 2958 |
(C) "Bail forfeiture" means the forfeiture of bail by a | 2959 |
defendant who is arrested for the commission of a misdemeanor, | 2960 |
other than a defendant in a traffic case as defined in Traffic | 2961 |
Rule 2, if the forfeiture is pursuant to an agreement with the | 2962 |
court and prosecutor in the case. | 2963 |
(D) "Official records" has the same meaning as in division | 2964 |
(D) of section 2953.51 of the Revised Code. | 2965 |
(E) "Official proceeding" has the same meaning as in section | 2966 |
2921.01 of the Revised Code. | 2967 |
(F) "Community control sanction" has the same meaning as in | 2968 |
section 2929.01 of the Revised Code. | 2969 |
(G) "Post-release control" and "post-release control | 2970 |
sanction" have the same meanings as in section 2967.01 of the | 2971 |
Revised Code. | 2972 |
(H) "DNA database," "DNA record," and "law enforcement | 2973 |
agency" have the same meanings as in section 109.573 of the | 2974 |
Revised Code. | 2975 |
(I) "Fingerprints filed for record" means any fingerprints | 2976 |
obtained by the superintendent of the bureau of criminal | 2977 |
identification and investigation pursuant to sections 109.57 and | 2978 |
109.571 of the Revised Code. | 2979 |
Sec. 2953.32. (A)(1) Except as provided in section 2953.61 | 2980 |
of the Revised Code, | 2981 |
sentencing court if convicted in this state, or to a court of | 2982 |
common pleas if convicted in another state or in a federal court, | 2983 |
for the sealing of the conviction record. Application may be made | 2984 |
at the expiration of three years after the offender's final | 2985 |
discharge if convicted of a felony, or at the expiration of one | 2986 |
year after the offender's final discharge if convicted of a | 2987 |
misdemeanor. | 2988 |
(2) Any person who has been arrested for any misdemeanor | 2989 |
offense and who has effected a bail forfeiture may apply to the | 2990 |
court in which the misdemeanor criminal case was pending when bail | 2991 |
was forfeited for the sealing of the record of the case. Except as | 2992 |
provided in section 2953.61 of the Revised Code, the application | 2993 |
may be filed at any time after the expiration of one year from the | 2994 |
date on which the bail forfeiture was entered upon the minutes of | 2995 |
the court or the journal, whichever entry occurs first. | 2996 |
(B) Upon the filing of an application under this section, the | 2997 |
court shall set a date for a hearing and shall notify the | 2998 |
prosecutor for the case of the hearing on the application. The | 2999 |
prosecutor may object to the granting of the application by filing | 3000 |
an objection with the court prior to the date set for the hearing. | 3001 |
The prosecutor shall specify in the objection the reasons for | 3002 |
believing a denial of the application is justified. The court | 3003 |
shall direct its regular probation officer, a state probation | 3004 |
officer, or the department of probation of the county in which the | 3005 |
applicant resides to make inquiries and written reports as the | 3006 |
court requires concerning the applicant. If the applicant was | 3007 |
convicted of or pleaded guilty to a violation of division (A)(2) | 3008 |
or (B) of section 2919.21 of the Revised Code, the probation | 3009 |
officer or county department of probation that the court directed | 3010 |
to make inquiries concerning the applicant shall contact the child | 3011 |
support enforcement agency enforcing the applicant's obligations | 3012 |
under the child support order to inquire about the offender's | 3013 |
compliance with the child support order. | 3014 |
(C)(1) The court shall do each of the following: | 3015 |
(a) Determine whether the applicant is | 3016 |
offender or whether the forfeiture of bail was agreed to by the | 3017 |
applicant and the prosecutor in the case. If the applicant applies | 3018 |
as | 3019 |
this section and has two or three convictions that result from the | 3020 |
same indictment, information, or complaint, from the same plea of | 3021 |
guilty, or from the same official proceeding, and result from | 3022 |
related criminal acts that were committed within a three-month | 3023 |
period but do not result from the same act or from offenses | 3024 |
committed at the same time, in making its determination under this | 3025 |
division, the court initially shall determine whether it is not in | 3026 |
the public interest for the two or three convictions to be counted | 3027 |
as one conviction. If the court determines that it is not in the | 3028 |
public interest for the two or three convictions to be counted as | 3029 |
one conviction, the court shall determine that the applicant is | 3030 |
not | 3031 |
determination, the court shall determine that the offender is | 3032 |
3033 |
(b) Determine whether criminal proceedings are pending | 3034 |
against the applicant; | 3035 |
(c) If the applicant is | 3036 |
applies pursuant to division (A)(1) of this section, determine | 3037 |
whether the applicant has been rehabilitated to the satisfaction | 3038 |
of the court; | 3039 |
(d) If the prosecutor has filed an objection in accordance | 3040 |
with division (B) of this section, consider the reasons against | 3041 |
granting the application specified by the prosecutor in the | 3042 |
objection; | 3043 |
(e) Weigh the interests of the applicant in having the | 3044 |
records pertaining to the applicant's conviction sealed against | 3045 |
the legitimate needs, if any, of the government to maintain those | 3046 |
records. | 3047 |
(2) If the court determines, after complying with division | 3048 |
(C)(1) of this section, that the applicant is | 3049 |
offender or the subject of a bail forfeiture, that no criminal | 3050 |
proceeding is pending against the applicant, and that the | 3051 |
interests of the applicant in having the records pertaining to the | 3052 |
applicant's conviction or bail forfeiture sealed are not | 3053 |
outweighed by any legitimate governmental needs to maintain those | 3054 |
records, and that the rehabilitation of an applicant who is | 3055 |
3056 | |
this section has been attained to the satisfaction of the court, | 3057 |
the court, except as provided in divisions (G) and (H) of this | 3058 |
section, shall order all official records pertaining to the case | 3059 |
sealed and, except as provided in division (F) of this section, | 3060 |
all index references to the case deleted and, in the case of bail | 3061 |
forfeitures, shall dismiss the charges in the case. The | 3062 |
proceedings in the case shall be considered not to have occurred | 3063 |
and the conviction or bail forfeiture of the person who is the | 3064 |
subject of the proceedings shall be sealed, except that upon | 3065 |
conviction of a subsequent offense, the sealed record of prior | 3066 |
conviction or bail forfeiture may be considered by the court in | 3067 |
determining the sentence or other appropriate disposition, | 3068 |
including the relief provided for in sections 2953.31 to 2953.33 | 3069 |
of the Revised Code. | 3070 |
(3) Upon the filing of an application under this section, the | 3071 |
applicant, unless indigent, shall pay a fee of fifty dollars. The | 3072 |
court shall pay thirty dollars of the fee into the state treasury. | 3073 |
It shall pay twenty dollars of the fee into the county general | 3074 |
revenue fund if the sealed conviction or bail forfeiture was | 3075 |
pursuant to a state statute, or into the general revenue fund of | 3076 |
the municipal corporation involved if the sealed conviction or | 3077 |
bail forfeiture was pursuant to a municipal ordinance. | 3078 |
(D) Inspection of the sealed records included in the order | 3079 |
may be made only by the following persons or for the following | 3080 |
purposes: | 3081 |
(1) By a law enforcement officer or prosecutor, or the | 3082 |
assistants of either, to determine whether the nature and | 3083 |
character of the offense with which a person is to be charged | 3084 |
would be affected by virtue of the person's previously having been | 3085 |
convicted of a crime; | 3086 |
(2) By the parole or probation officer of the person who is | 3087 |
the subject of the records, for the exclusive use of the officer | 3088 |
in supervising the person while on parole or under a community | 3089 |
control sanction or a post-release control sanction, and in making | 3090 |
inquiries and written reports as requested by the court or adult | 3091 |
parole authority; | 3092 |
(3) Upon application by the person who is the subject of the | 3093 |
records, by the persons named in the application; | 3094 |
(4) By a law enforcement officer who was involved in the | 3095 |
case, for use in the officer's defense of a civil action arising | 3096 |
out of the officer's involvement in that case; | 3097 |
(5) By a prosecuting attorney or the prosecuting attorney's | 3098 |
assistants, to determine a defendant's eligibility to enter a | 3099 |
pre-trial diversion program established pursuant to section | 3100 |
2935.36 of the Revised Code; | 3101 |
(6) By any law enforcement agency or any authorized employee | 3102 |
of a law enforcement agency or by the department of rehabilitation | 3103 |
and correction as part of a background investigation of a person | 3104 |
who applies for employment with the agency as a law enforcement | 3105 |
officer or with the department as a corrections officer; | 3106 |
(7) By any law enforcement agency or any authorized employee | 3107 |
of a law enforcement agency, for the purposes set forth in, and in | 3108 |
the manner provided in, section 2953.321 of the Revised Code; | 3109 |
(8) By the bureau of criminal identification and | 3110 |
investigation or any authorized employee of the bureau for the | 3111 |
purpose of providing information to a board or person pursuant to | 3112 |
division (F) or (G) of section 109.57 of the Revised Code; | 3113 |
(9) By the bureau of criminal identification and | 3114 |
investigation or any authorized employee of the bureau for the | 3115 |
purpose of performing a criminal history records check on a person | 3116 |
to whom a certificate as prescribed in section 109.77 of the | 3117 |
Revised Code is to be awarded; | 3118 |
(10) By the bureau of criminal identification and | 3119 |
investigation or any authorized employee of the bureau for the | 3120 |
purpose of conducting a criminal records check of an individual | 3121 |
pursuant to division (B) of section 109.572 of the Revised Code | 3122 |
that was requested pursuant to any of the sections identified in | 3123 |
division (B)(1) of that section; | 3124 |
(11) By the bureau of criminal identification and | 3125 |
investigation, an authorized employee of the bureau, a sheriff, or | 3126 |
an authorized employee of a sheriff in connection with a criminal | 3127 |
records check described in section 311.41 of the Revised Code; | 3128 |
(12) By the attorney general or an authorized employee of the | 3129 |
attorney general or a court for purposes of determining a person's | 3130 |
classification pursuant to Chapter 2950. of the Revised Code. | 3131 |
When the nature and character of the offense with which a | 3132 |
person is to be charged would be affected by the information, it | 3133 |
may be used for the purpose of charging the person with an | 3134 |
offense. | 3135 |
(E) In any criminal proceeding, proof of any otherwise | 3136 |
admissible prior conviction may be introduced and proved, | 3137 |
notwithstanding the fact that for any such prior conviction an | 3138 |
order of sealing previously was issued pursuant to sections | 3139 |
2953.31 to 2953.36 of the Revised Code. | 3140 |
(F) The person or governmental agency, office, or department | 3141 |
that maintains sealed records pertaining to convictions or bail | 3142 |
forfeitures that have been sealed pursuant to this section may | 3143 |
maintain a manual or computerized index to the sealed records. The | 3144 |
index shall contain only the name of, and alphanumeric identifiers | 3145 |
that relate to, the persons who are the subject of the sealed | 3146 |
records, the word "sealed," and the name of the person, agency, | 3147 |
office, or department that has custody of the sealed records, and | 3148 |
shall not contain the name of the crime committed. The index shall | 3149 |
be made available by the person who has custody of the sealed | 3150 |
records only for the purposes set forth in divisions (C), (D), and | 3151 |
(E) of this section. | 3152 |
(G) Notwithstanding any provision of this section or section | 3153 |
2953.33 of the Revised Code that requires otherwise, a board of | 3154 |
education of a city, local, exempted village, or joint vocational | 3155 |
school district that maintains records of an individual who has | 3156 |
been permanently excluded under sections 3301.121 and 3313.662 of | 3157 |
the Revised Code is permitted to maintain records regarding a | 3158 |
conviction that was used as the basis for the individual's | 3159 |
permanent exclusion, regardless of a court order to seal the | 3160 |
record. An order issued under this section to seal the record of a | 3161 |
conviction does not revoke the adjudication order of the | 3162 |
superintendent of public instruction to permanently exclude the | 3163 |
individual who is the subject of the sealing order. An order | 3164 |
issued under this section to seal the record of a conviction of an | 3165 |
individual may be presented to a district superintendent as | 3166 |
evidence to support the contention that the superintendent should | 3167 |
recommend that the permanent exclusion of the individual who is | 3168 |
the subject of the sealing order be revoked. Except as otherwise | 3169 |
authorized by this division and sections 3301.121 and 3313.662 of | 3170 |
the Revised Code, any school employee in possession of or having | 3171 |
access to the sealed conviction records of an individual that were | 3172 |
the basis of a permanent exclusion of the individual is subject to | 3173 |
section 2953.35 of the Revised Code. | 3174 |
(H) For purposes of sections 2953.31 to 2953.36 of the | 3175 |
Revised Code, DNA records collected in the DNA database and | 3176 |
fingerprints filed for record by the superintendent of the bureau | 3177 |
of criminal identification and investigation shall not be sealed | 3178 |
unless the superintendent receives a certified copy of a final | 3179 |
court order establishing that the offender's conviction has been | 3180 |
overturned. For purposes of this section, a court order is not | 3181 |
"final" if time remains for an appeal or application for | 3182 |
discretionary review with respect to the order. | 3183 |
Sec. 2953.34. Nothing in sections 2953.31 to 2953.33 of the | 3184 |
Revised Code precludes | 3185 |
appeal or seeking any relief from
| 3186 |
conviction or from relying on it in lieu of any subsequent | 3187 |
prosecution for the same offense. | 3188 |
Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised | 3189 |
Code do not apply to any of the following: | 3190 |
(A) Convictions when the offender is subject to a mandatory | 3191 |
prison term; | 3192 |
(B) Convictions under section 2907.02, 2907.03, 2907.04, | 3193 |
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section | 3194 |
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised | 3195 |
Code, or a conviction for a violation of a municipal ordinance | 3196 |
that is substantially similar to any section contained in any of | 3197 |
those chapters; | 3198 |
(C) Convictions of an offense of violence when the offense is | 3199 |
a misdemeanor of the first degree or a felony and when the offense | 3200 |
is not a violation of section 2917.03 of the Revised Code and is | 3201 |
not a violation of section 2903.13, 2917.01, or 2917.31 of the | 3202 |
Revised Code that is a misdemeanor of the first degree; | 3203 |
(D) Convictions on or after | 3204 |
3205 | |
Code or a conviction on or after | 3206 |
3207 | |
ordinance that is substantially similar to that section; | 3208 |
(E) Convictions on or after | 3209 |
3210 | |
2907.21, 2907.22, 2907.23, 2907.31, 2907.311, 2907.32, or 2907.33 | 3211 |
of the Revised Code when the victim of the offense was under | 3212 |
eighteen years of age; | 3213 |
(F) Convictions of an offense in circumstances in which the | 3214 |
victim of the offense was under eighteen years of age when the | 3215 |
offense is a misdemeanor of the first degree or a felony, except | 3216 |
for convictions under section 2919.21 of the Revised Code; | 3217 |
(G) Convictions of a felony of the first or second degree; | 3218 |
(H) Bail forfeitures in a traffic case as defined in Traffic | 3219 |
Rule 2. | 3220 |
Sec. 2967.191. The department of rehabilitation and | 3221 |
correction shall reduce the stated prison term of a prisoner or, | 3222 |
if the prisoner is serving a term for which there is parole | 3223 |
eligibility, the minimum and maximum term or the parole | 3224 |
eligibility date of the prisoner by the total number of days that | 3225 |
the prisoner was confined for any reason arising out of the | 3226 |
offense for which the prisoner was convicted and sentenced, | 3227 |
including confinement in lieu of bail while awaiting trial, | 3228 |
confinement for examination to determine the prisoner's competence | 3229 |
to stand trial or sanity, | 3230 |
transportation to the place where the prisoner is to serve the | 3231 |
prisoner's prison term, and confinement in a juvenile facility. | 3232 |
Sec. 3119.01. (A) As used in the Revised Code, "child | 3233 |
support enforcement agency" means a child support enforcement | 3234 |
agency designated under former section 2301.35 of the Revised Code | 3235 |
prior to October 1, 1997, or a private or government entity | 3236 |
designated as a child support enforcement agency under section | 3237 |
307.981 of the Revised Code. | 3238 |
(B) As used in this chapter and Chapters 3121., 3123., and | 3239 |
3125. of the Revised Code: | 3240 |
(1) "Administrative child support order" means any order | 3241 |
issued by a child support enforcement agency for the support of a | 3242 |
child pursuant to section 3109.19 or 3111.81 of the Revised Code | 3243 |
or former section 3111.211 of the Revised Code, section 3111.21 of | 3244 |
the Revised Code as that section existed prior to January 1, 1998, | 3245 |
or section 3111.20 or 3111.22 of the Revised Code as those | 3246 |
sections existed prior to March 22, 2001. | 3247 |
(2) "Child support order" means either a court child support | 3248 |
order or an administrative child support order. | 3249 |
(3) "Obligee" means the person who is entitled to receive the | 3250 |
support payments under a support order. | 3251 |
(4) "Obligor" means the person who is required to pay support | 3252 |
under a support order. | 3253 |
(5) "Support order" means either an administrative child | 3254 |
support order or a court support order. | 3255 |
(C) As used in this chapter: | 3256 |
(1) "Combined gross income" means the combined gross income | 3257 |
of both parents. | 3258 |
(2) "Court child support order" means any order issued by a | 3259 |
court for the support of a child pursuant to Chapter 3115. of the | 3260 |
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33, | 3261 |
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, | 3262 |
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised | 3263 |
Code, or division (B) of former section 3113.21 of the Revised | 3264 |
Code. | 3265 |
(3) "Court support order" means either a court child support | 3266 |
order or an order for the support of a spouse or former spouse | 3267 |
issued pursuant to Chapter 3115. of the Revised Code, section | 3268 |
3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B) | 3269 |
of former section 3113.21 of the Revised Code. | 3270 |
(4) "Extraordinary medical expenses" means any uninsured | 3271 |
medical expenses incurred for a child during a calendar year that | 3272 |
exceed one hundred dollars. | 3273 |
(5) "Income" means either of the following: | 3274 |
(a) For a parent who is employed to full capacity, the gross | 3275 |
income of the parent; | 3276 |
(b) For a parent who is unemployed or underemployed, the sum | 3277 |
of the gross income of the parent and any potential income of the | 3278 |
parent. | 3279 |
(6) "Insurer" means any person authorized under Title XXXIX | 3280 |
of the Revised Code to engage in the business of insurance in this | 3281 |
state, any health insuring corporation, and any legal entity that | 3282 |
is self-insured and provides benefits to its employees or members. | 3283 |
(7) "Gross income" means, except as excluded in division | 3284 |
(C)(7) of this section, the total of all earned and unearned | 3285 |
income from all sources during a calendar year, whether or not the | 3286 |
income is taxable, and includes income from salaries, wages, | 3287 |
overtime pay, and bonuses to the extent described in division (D) | 3288 |
of section 3119.05 of the Revised Code; commissions; royalties; | 3289 |
tips; rents; dividends; severance pay; pensions; interest; trust | 3290 |
income; annuities; social security benefits, including retirement, | 3291 |
disability, and survivor benefits that are not means-tested; | 3292 |
workers' compensation benefits; unemployment insurance benefits; | 3293 |
disability insurance benefits; benefits that are not means-tested | 3294 |
and that are received by and in the possession of the veteran who | 3295 |
is the beneficiary for any service-connected disability under a | 3296 |
program or law administered by the United States department of | 3297 |
veterans' affairs or veterans' administration; spousal support | 3298 |
actually received; and all other sources of income. "Gross income" | 3299 |
includes income of members of any branch of the United States | 3300 |
armed services or national guard, including, amounts representing | 3301 |
base pay, basic allowance for quarters, basic allowance for | 3302 |
subsistence, supplemental subsistence allowance, cost of living | 3303 |
adjustment, specialty pay, variable housing allowance, and pay for | 3304 |
training or other types of required drills; self-generated income; | 3305 |
and potential cash flow from any source. | 3306 |
"Gross income" does not include any of the following: | 3307 |
(a) Benefits received from means-tested government | 3308 |
administered programs, including Ohio works first; prevention, | 3309 |
retention, and contingency; means-tested veterans' benefits; | 3310 |
supplemental security income; supplemental nutrition assistance | 3311 |
program; disability financial assistance; or other assistance for | 3312 |
which eligibility is determined on the basis of income or assets; | 3313 |
(b) Benefits for any service-connected disability under a | 3314 |
program or law administered by the United States department of | 3315 |
veterans' affairs or veterans' administration that are not | 3316 |
means-tested, that have not been distributed to the veteran who is | 3317 |
the beneficiary of the benefits, and that are in the possession of | 3318 |
the United States department of veterans' affairs or veterans' | 3319 |
administration; | 3320 |
(c) Child support received for children who were not born or | 3321 |
adopted during the marriage at issue; | 3322 |
(d) Amounts paid for mandatory deductions from wages such as | 3323 |
union dues but not taxes, social security, or retirement in lieu | 3324 |
of social security; | 3325 |
(e) Nonrecurring or unsustainable income or cash flow items; | 3326 |
(f) Adoption assistance and foster care maintenance payments | 3327 |
made pursuant to Title IV-E of the "Social Security Act," 94 Stat. | 3328 |
501, 42 U.S.C.A. 670 (1980), as amended. | 3329 |
(8) "Nonrecurring or unsustainable income or cash flow item" | 3330 |
means an income or cash flow item the parent receives in any year | 3331 |
or for any number of years not to exceed three years that the | 3332 |
parent does not expect to continue to receive on a regular basis. | 3333 |
"Nonrecurring or unsustainable income or cash flow item" does not | 3334 |
include a lottery prize award that is not paid in a lump sum or | 3335 |
any other item of income or cash flow that the parent receives or | 3336 |
expects to receive for each year for a period of more than three | 3337 |
years or that the parent receives and invests or otherwise uses to | 3338 |
produce income or cash flow for a period of more than three years. | 3339 |
(9)(a) "Ordinary and necessary expenses incurred in | 3340 |
generating gross receipts" means actual cash items expended by the | 3341 |
parent or the parent's business and includes depreciation expenses | 3342 |
of business equipment as shown on the books of a business entity. | 3343 |
(b) Except as specifically included in "ordinary and | 3344 |
necessary expenses incurred in generating gross receipts" by | 3345 |
division (C)(9)(a) of this section, "ordinary and necessary | 3346 |
expenses incurred in generating gross receipts" does not include | 3347 |
depreciation expenses and other noncash items that are allowed as | 3348 |
deductions on any federal tax return of the parent or the parent's | 3349 |
business. | 3350 |
(10) "Personal earnings" means compensation paid or payable | 3351 |
for personal services, however denominated, and includes wages, | 3352 |
salary, commissions, bonuses, draws against commissions, profit | 3353 |
sharing, vacation pay, or any other compensation. | 3354 |
(11) "Potential income" means both of the following for a | 3355 |
parent who the court pursuant to a court support order, or a child | 3356 |
support enforcement agency pursuant to an administrative child | 3357 |
support order, determines is voluntarily unemployed or voluntarily | 3358 |
underemployed: | 3359 |
(a) Imputed income that the court or agency determines the | 3360 |
parent would have earned if fully employed as determined from the | 3361 |
following criteria: | 3362 |
(i) The parent's prior employment experience; | 3363 |
(ii) The parent's education; | 3364 |
(iii) The parent's physical and mental disabilities, if any; | 3365 |
(iv) The availability of employment in the geographic area in | 3366 |
which the parent resides; | 3367 |
(v) The prevailing wage and salary levels in the geographic | 3368 |
area in which the parent resides; | 3369 |
(vi) The parent's special skills and training; | 3370 |
(vii) Whether there is evidence that the parent has the | 3371 |
ability to earn the imputed income; | 3372 |
(viii) The age and special needs of the child for whom child | 3373 |
support is being calculated under this section; | 3374 |
(ix) The parent's increased earning capacity because of | 3375 |
experience; | 3376 |
(x) The parent's decreased earning capacity because of a | 3377 |
felony conviction; | 3378 |
(xi) Any other relevant factor. | 3379 |
(b) Imputed income from any nonincome-producing assets of a | 3380 |
parent, as determined from the local passbook savings rate or | 3381 |
another appropriate rate as determined by the court or agency, not | 3382 |
to exceed the rate of interest specified in division (A) of | 3383 |
section 1343.03 of the Revised Code, if the income is significant. | 3384 |
(12) "Schedule" means the basic child support schedule set | 3385 |
forth in section 3119.021 of the Revised Code. | 3386 |
(13) "Self-generated income" means gross receipts received by | 3387 |
a parent from self-employment, proprietorship of a business, joint | 3388 |
ownership of a partnership or closely held corporation, and rents | 3389 |
minus ordinary and necessary expenses incurred by the parent in | 3390 |
generating the gross receipts. "Self-generated income" includes | 3391 |
expense reimbursements or in-kind payments received by a parent | 3392 |
from self-employment, the operation of a business, or rents, | 3393 |
including company cars, free housing, reimbursed meals, and other | 3394 |
benefits, if the reimbursements are significant and reduce | 3395 |
personal living expenses. | 3396 |
(14) "Split parental rights and responsibilities" means a | 3397 |
situation in which there is more than one child who is the subject | 3398 |
of an allocation of parental rights and responsibilities and each | 3399 |
parent is the residential parent and legal custodian of at least | 3400 |
one of those children. | 3401 |
(15) "Worksheet" means the applicable worksheet that is used | 3402 |
to calculate a parent's child support obligation as set forth in | 3403 |
sections 3119.022 and 3119.023 of the Revised Code. | 3404 |
Sec. 3119.05. When a court computes the amount of child | 3405 |
support required to be paid under a court child support order or a | 3406 |
child support enforcement agency computes the amount of child | 3407 |
support to be paid pursuant to an administrative child support | 3408 |
order, all of the following apply: | 3409 |
(A) The parents' current and past income and personal | 3410 |
earnings shall be verified by electronic means or with suitable | 3411 |
documents, including, but not limited to, paystubs, employer | 3412 |
statements, receipts and expense vouchers related to | 3413 |
self-generated income, tax returns, and all supporting | 3414 |
documentation and schedules for the tax returns. | 3415 |
(B) The amount of any pre-existing child support obligation | 3416 |
of a parent under a child support order and the amount of any | 3417 |
court-ordered spousal support actually paid shall be deducted from | 3418 |
the gross income of that parent to the extent that payment under | 3419 |
the child support order or that payment of the court-ordered | 3420 |
spousal support is verified by supporting documentation. | 3421 |
(C) If other minor children who were born to the parent and a | 3422 |
person other than the other parent who is involved in the | 3423 |
immediate child support determination live with the parent, the | 3424 |
court or agency shall deduct an amount from that parent's gross | 3425 |
income that equals the number of such minor children times the | 3426 |
federal income tax exemption for such children less child support | 3427 |
received for them for the year, not exceeding the federal income | 3428 |
tax exemption. | 3429 |
(D) When the court or agency calculates the gross income of a | 3430 |
parent, it shall include the lesser of the following as income | 3431 |
from overtime and bonuses: | 3432 |
(1) The yearly average of all overtime, commissions, and | 3433 |
bonuses received during the three years immediately prior to the | 3434 |
time when the person's child support obligation is being computed; | 3435 |
(2) The total overtime, commissions, and bonuses received | 3436 |
during the year immediately prior to the time when the person's | 3437 |
child support obligation is being computed. | 3438 |
(E) When the court or agency calculates the gross income of a | 3439 |
parent, it shall not include any income earned by the spouse of | 3440 |
that parent. | 3441 |
(F) The court shall issue a separate order for extraordinary | 3442 |
medical or dental expenses, including, but not limited to, | 3443 |
orthodontia, psychological, appropriate private education, and | 3444 |
other expenses, and may consider the expenses in adjusting a child | 3445 |
support order. | 3446 |
(G) When a court or agency calculates the amount of child | 3447 |
support to be paid pursuant to a court child support order or an | 3448 |
administrative child support order, if the combined gross income | 3449 |
of both parents is an amount that is between two amounts set forth | 3450 |
in the first column of the schedule, the court or agency may use | 3451 |
the basic child support obligation that corresponds to the higher | 3452 |
of the two amounts in the first column of the schedule, use the | 3453 |
basic child support obligation that corresponds to the lower of | 3454 |
the two amounts in the first column of the schedule, or calculate | 3455 |
a basic child support obligation that is between those two amounts | 3456 |
and corresponds proportionally to the parents' actual combined | 3457 |
gross income. | 3458 |
(H) When the court or agency calculates gross income, the | 3459 |
court or agency, when appropriate, may average income over a | 3460 |
reasonable period of years. | 3461 |
(I) | 3462 |
therefore not in the best interests of the child, a court or | 3463 |
agency shall not determine a parent | 3464 |
3465 | |
and shall not impute income to that parent | 3466 |
3467 | |
3468 | |
of the following conditions exist: | 3469 |
(1) The parent is receiving recurring monetary income from | 3470 |
means-tested public assistance benefits, including cash assistance | 3471 |
payments under the Ohio works first program established under | 3472 |
Chapter 5107. of the Revised Code, financial assistance under the | 3473 |
disability financial assistance program established under Chapter | 3474 |
5115. of the Revised Code, supplemental security income, or | 3475 |
means-tested veterans' benefits; | 3476 |
(2) The parent is incarcerated or institutionalized for a | 3477 |
period of twelve months or more with no other available assets, | 3478 |
unless the parent is incarcerated for an offense relating to the | 3479 |
abuse or neglect of a child who is the subject of the support | 3480 |
order or an offense under Title XXIX of the Revised Code when the | 3481 |
obligee or a child who is the subject of the support order is a | 3482 |
victim of the offense. | 3483 |
(J) When a court or agency requires a parent to pay an amount | 3484 |
for that parent's failure to support a child for a period of time | 3485 |
prior to the date the court modifies or issues a court child | 3486 |
support order or an agency modifies or issues an administrative | 3487 |
child support order for the current support of the child, the | 3488 |
court or agency shall calculate that amount using the basic child | 3489 |
support schedule, worksheets, and child support laws in effect, | 3490 |
and the incomes of the parents as they existed, for that prior | 3491 |
period of time. | 3492 |
(K) A court or agency may disregard a parent's additional | 3493 |
income from overtime or additional employment when the court or | 3494 |
agency finds that the additional income was generated primarily to | 3495 |
support a new or additional family member or members, or under | 3496 |
other appropriate circumstances. | 3497 |
(L) If both parents involved in the immediate child support | 3498 |
determination have a prior order for support relative to a minor | 3499 |
child or children born to both parents, the court or agency shall | 3500 |
collect information about the existing order or orders and | 3501 |
consider those together with the current calculation for support | 3502 |
to ensure that the total of all orders for all children of the | 3503 |
parties does not exceed the amount that would have been ordered if | 3504 |
all children were addressed in a single judicial or administrative | 3505 |
proceeding. | 3506 |
Sec. 3123.58. (A) On receipt of a notice pursuant to section | 3507 |
3123.54 of the Revised Code, the registrar of motor vehicles shall | 3508 |
determine whether the individual named in the notice holds or has | 3509 |
applied for a driver's license or commercial driver's license, | 3510 |
motorcycle operator's license or endorsement, or temporary | 3511 |
instruction permit or commercial driver's temporary instruction | 3512 |
permit. If the registrar determines that the individual holds or | 3513 |
has applied for a license, permit, or endorsement and the | 3514 |
individual is the individual named in the notice and does not | 3515 |
receive a notice pursuant to section 3123.56 or 3123.57 of the | 3516 |
Revised Code, the registrar immediately shall provide notice of | 3517 |
the determination to each deputy registrar. The registrar or a | 3518 |
deputy registrar may not issue to the individual a driver's or | 3519 |
commercial driver's license, motorcycle operator's license or | 3520 |
endorsement, or temporary instruction permit or commercial | 3521 |
driver's temporary instruction permit and may not renew for the | 3522 |
individual a driver's or commercial driver's license, motorcycle | 3523 |
operator's license or endorsement, or commercial driver's | 3524 |
temporary instruction permit. The registrar or a deputy registrar | 3525 |
also shall impose a class F suspension of the license, permit, or | 3526 |
endorsement held by the individual under division (B)(6) of | 3527 |
section 4510.02 of the Revised Code. | 3528 |
(B)(1) A court may grant an individual whose license, permit, | 3529 |
or endorsement is suspended under this section limited driving | 3530 |
privileges in accordance with division (B) of section 4510.021 of | 3531 |
the Revised Code pursuant to a request made during an action for | 3532 |
contempt initiated under section 2705.031 of the Revised Code. | 3533 |
Prior to granting privileges under this division, the court shall | 3534 |
request the accused to provide the court with a recent | 3535 |
noncertified copy of a driver's abstract from the registrar of | 3536 |
motor vehicles and shall request the child support enforcement | 3537 |
agency that issued the notice pursuant to section 3123.54 of the | 3538 |
Revised Code relative to the individual to advise the court, | 3539 |
either in person through a representative testifying at a hearing | 3540 |
or through a written document, the position of the agency relative | 3541 |
to the issue of the granting of privileges to the individual. The | 3542 |
court, in determining whether to grant the individual privileges | 3543 |
under this division, shall take into consideration the position of | 3544 |
the agency, but the court is not bound by the position of the | 3545 |
agency. | 3546 |
(2) A court that grants limited driving privileges to a | 3547 |
person under division (B)(1) of this section shall deliver to the | 3548 |
person a permit card, in a form to be prescribed by the court, | 3549 |
setting forth the date on which the limited privileges will become | 3550 |
effective, the purposes for which the person may drive, the times | 3551 |
and places at which the person may drive, and any other conditions | 3552 |
imposed upon the person's use of a motor vehicle. | 3553 |
(3) The court immediately shall notify the registrar, in | 3554 |
writing, of a grant of limited driving privileges under division | 3555 |
(B)(1) of this section. The notification shall specify the date on | 3556 |
which the limited driving privileges will become effective, the | 3557 |
purposes for which the person may drive, and any other conditions | 3558 |
imposed upon the person's use of a motor vehicle. | 3559 |
(C) If a person who has been granted limited driving | 3560 |
privileges under division (B)(1) of this section is convicted of, | 3561 |
pleads guilty to, or is adjudicated in juvenile court of having | 3562 |
committed a violation of Chapter 4510. of the Revised Code or any | 3563 |
similar municipal ordinance during the period of which the person | 3564 |
was granted limited driving privileges, the person's limited | 3565 |
driving privileges shall be suspended immediately pending a | 3566 |
reinstatement hearing. | 3567 |
Sec. 3772.10. (A) In determining whether to grant or maintain | 3568 |
the privilege of a casino operator, management company, holding | 3569 |
company, key employee, casino gaming employee, or gaming-related | 3570 |
vendor license, the Ohio casino control commission shall consider | 3571 |
all of the following, as applicable: | 3572 |
(1) The reputation, experience, and financial integrity of | 3573 |
the applicant, its holding company, if applicable, and any other | 3574 |
person that directly or indirectly controls the applicant; | 3575 |
(2) The financial ability of the applicant to purchase and | 3576 |
maintain adequate liability and casualty insurance and to provide | 3577 |
an adequate surety bond; | 3578 |
(3) The past and present compliance of the applicant and its | 3579 |
affiliates or affiliated companies with casino-related licensing | 3580 |
requirements in this state or any other jurisdiction, including | 3581 |
whether the applicant has a history of noncompliance with the | 3582 |
casino licensing requirements of any jurisdiction; | 3583 |
(4) If the applicant has been indicted, convicted, pleaded | 3584 |
guilty or no contest, or forfeited bail concerning any criminal | 3585 |
offense under the laws of any jurisdiction, either felony or | 3586 |
misdemeanor, not including traffic violations; | 3587 |
(5) If the applicant has filed, or had filed against it a | 3588 |
proceeding for bankruptcy or has ever been involved in any formal | 3589 |
process to adjust, defer, suspend, or otherwise work out the | 3590 |
payment of any debt; | 3591 |
(6) If the applicant has been served with a complaint or | 3592 |
other notice filed with any public body regarding a payment of any | 3593 |
tax required under federal, state, or local law that has been | 3594 |
delinquent for one or more years; | 3595 |
(7) If the applicant is or has been a defendant in litigation | 3596 |
involving its business practices; | 3597 |
(8) If awarding a license would undermine the public's | 3598 |
confidence in the casino gaming industry in this state; | 3599 |
(9) If the applicant meets other standards for the issuance | 3600 |
of a license that the commission adopts by rule, which shall not | 3601 |
be arbitrary, capricious, or contradictory to the expressed | 3602 |
provisions of this chapter. | 3603 |
(B) All applicants for a license under this chapter shall | 3604 |
establish their suitability for a license by clear and convincing | 3605 |
evidence. If the commission determines that a person is eligible | 3606 |
under this chapter to be issued a license as a casino operator, | 3607 |
management company, holding company, key employee, casino gaming | 3608 |
employee, or gaming-related vendor, the commission shall issue | 3609 |
such license for not more than three years, as determined by | 3610 |
commission rule, if all other requirements of this chapter have | 3611 |
been satisfied. | 3612 |
(C) The commission shall not issue a casino operator, | 3613 |
management company, holding company, key employee, casino gaming | 3614 |
employee, or gaming-related vendor license under this chapter to | 3615 |
an applicant if: | 3616 |
(1) The applicant has been convicted of a disqualifying | 3617 |
offense, as defined in section 3772.07 of the Revised Code. | 3618 |
(2) The applicant has submitted an application for license | 3619 |
under this chapter that contains false information. | 3620 |
(3) The applicant is a commission member. | 3621 |
(4) The applicant owns an ownership interest that is unlawful | 3622 |
under this chapter, unless waived by the commission. | 3623 |
(5) The applicant violates specific rules adopted by the | 3624 |
commission related to denial of licensure. | 3625 |
(6) The applicant is a member of or employed by a gaming | 3626 |
regulatory body of a governmental unit in this state, another | 3627 |
state, or the federal government, or is employed by a governmental | 3628 |
unit of this state. This division does not prohibit a casino | 3629 |
operator from hiring special duty law enforcement officers if the | 3630 |
officers are not specifically involved in gaming-related | 3631 |
regulatory functions. | 3632 |
(7) The commission otherwise determines the applicant is | 3633 |
ineligible for the license. | 3634 |
(D)(1) The commission shall investigate the qualifications of | 3635 |
each applicant under this chapter before any license is issued and | 3636 |
before any finding with regard to acts or transactions for which | 3637 |
commission approval is required is made. The commission shall | 3638 |
continue to observe the conduct of all licensees and all other | 3639 |
persons having a material involvement directly or indirectly with | 3640 |
a casino operator, management company, or holding company to | 3641 |
ensure that licenses are not issued to or held by, or that there | 3642 |
is not any material involvement with a casino operator, management | 3643 |
company, or holding company by, an unqualified, disqualified, or | 3644 |
unsuitable person or a person whose operations are conducted in an | 3645 |
unsuitable manner or in unsuitable or prohibited places or | 3646 |
locations. | 3647 |
(2) The executive director may recommend to the commission | 3648 |
that it deny any application, or limit, condition, or restrict, or | 3649 |
suspend or revoke, any license or finding, or impose any fine upon | 3650 |
any licensee or other person according to this chapter and the | 3651 |
rules adopted thereunder. | 3652 |
(3) A license issued under this chapter is a revocable | 3653 |
privilege. No licensee has a vested right in or under any license | 3654 |
issued under this chapter. The initial determination of the | 3655 |
commission to deny, or to limit, condition, or restrict, a license | 3656 |
may be appealed under section 2505.03 of the Revised Code. | 3657 |
(E)(1) An institutional investor otherwise required to be | 3658 |
found suitable or qualified under this chapter and the rules | 3659 |
adopted under this chapter shall be presumed suitable or qualified | 3660 |
upon submitting documentation sufficient to establish | 3661 |
qualifications as an institutional investor and upon certifying | 3662 |
all of the following: | 3663 |
(a) The institutional investor owns, holds, or controls | 3664 |
publicly traded securities issued by a licensee or holding, | 3665 |
intermediate, or parent company of a licensee or in the ordinary | 3666 |
course of business for investment purposes only. | 3667 |
(b) The institutional investor does not exercise influence | 3668 |
over the affairs of the issuer of such securities nor over any | 3669 |
licensed subsidiary of the issuer of such securities. | 3670 |
(c) The institutional investor does not intend to exercise | 3671 |
influence over the affairs of the issuer of such securities, nor | 3672 |
over any licensed subsidiary of the issuer of such securities, in | 3673 |
the future, and that it agrees to notify the commission in writing | 3674 |
within thirty days if such intent changes. | 3675 |
(2) The exercise of voting privileges with regard to publicly | 3676 |
traded securities shall not be deemed to constitute the exercise | 3677 |
of influence over the affairs of a licensee. | 3678 |
(3) The commission shall rescind the presumption of | 3679 |
suitability for an institutional investor at any time if the | 3680 |
institutional investor exercises or intends to exercise influence | 3681 |
or control over the affairs of the licensee. | 3682 |
(4) This division shall not be construed to preclude the | 3683 |
commission from investigating the suitability or qualifications of | 3684 |
an institutional investor if the commission becomes aware of facts | 3685 |
or information that may result in the institutional investor being | 3686 |
found unsuitable or disqualified. | 3687 |
(F) Information provided on the application shall be used as | 3688 |
a basis for a thorough background investigation of each applicant. | 3689 |
A false or incomplete application is cause for denial of a license | 3690 |
by the commission. All applicants and licensees shall consent to | 3691 |
inspections, searches, and seizures and to the disclosure to the | 3692 |
commission and its agents of confidential records, including tax | 3693 |
records, held by any federal, state, or local agency, credit | 3694 |
bureau, or financial institution and to provide handwriting | 3695 |
exemplars, photographs, fingerprints, and information as | 3696 |
authorized in this chapter and in rules adopted by the commission. | 3697 |
(G) The commission shall provide a written statement to each | 3698 |
applicant for a license under this chapter who is denied the | 3699 |
license that describes the reason or reasons for which the | 3700 |
applicant was denied the license. | 3701 |
(H) Not later than January 31 in each calendar year, the | 3702 |
commission shall provide to the general assembly and the governor | 3703 |
a report that, for each type of license issued under this chapter, | 3704 |
specifies the number of applications made in the preceding | 3705 |
calendar year for each type of such license, the number of | 3706 |
applications denied in the preceding calendar year for each type | 3707 |
of such license, and the reasons for those denials. The | 3708 |
information regarding the reasons for the denials shall specify | 3709 |
each reason that resulted in, or that was a factor resulting in, | 3710 |
denial for each type of license issued under this chapter and, for | 3711 |
each of those reasons, the total number of denials for each such | 3712 |
type that involved that reason. | 3713 |
Sec. 4301.99. (A) Whoever violates section 4301.47, 4301.48, | 3714 |
4301.49, 4301.62, or 4301.70 or division (C) of section 4301.65 or | 3715 |
division (B) of section 4301.691 of the Revised Code is guilty of | 3716 |
a minor misdemeanor. | 3717 |
(B) Whoever violates section 4301.15, division (A)(2) or (C) | 3718 |
of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I) | 3719 |
of section 4301.631, or section 4301.64 or 4301.67 of the Revised | 3720 |
Code is guilty of a misdemeanor of the fourth degree. | 3721 |
If an offender who violates section 4301.64 of the Revised | 3722 |
Code was under the age of eighteen years at the time of the | 3723 |
offense, the court, in addition to any other penalties it imposes | 3724 |
upon the offender, | 3725 |
instruction permit, probationary driver's license, or driver's | 3726 |
license for a period of not less than six months and not more than | 3727 |
one year. In lieu of suspending the offender's temporary | 3728 |
instruction permit, probationary driver's license, or driver's | 3729 |
license, the court instead may require the offender to perform | 3730 |
community service for a number of hours determined by the court. | 3731 |
If the offender is fifteen years and six months of age or older | 3732 |
and has not been issued a temporary instruction permit or | 3733 |
probationary driver's license, the offender shall not be eligible | 3734 |
to be issued such a license or permit for a period of six months. | 3735 |
If the offender has not attained the age of fifteen years and six | 3736 |
months, the offender shall not be eligible to be issued a | 3737 |
temporary instruction permit until the offender attains the age of | 3738 |
sixteen years. | 3739 |
(C) Whoever violates division (D) of section 4301.21, section | 3740 |
4301.251, 4301.58, 4301.59, 4301.60, 4301.633, 4301.66, 4301.68, | 3741 |
or 4301.74, division (B), (C), (D), (E)(1), or (F) of section | 3742 |
4301.69, or division (C), (D), (E), (F), (G), or (I) of section | 3743 |
4301.691 of the Revised Code is guilty of a misdemeanor of the | 3744 |
first degree. | 3745 |
If an offender who violates division (E)(1) of section | 3746 |
4301.69 of the Revised Code was under the age of eighteen years at | 3747 |
the time of the offense and the offense occurred while the | 3748 |
offender was the operator of or a passenger in a motor vehicle, | 3749 |
the court, in addition to any other penalties it imposes upon the | 3750 |
offender, shall suspend the offender's temporary instruction | 3751 |
permit or probationary driver's license for a period of not less | 3752 |
than six months and not more than one year. If the offender is | 3753 |
fifteen years and six months of age or older and has not been | 3754 |
issued a temporary instruction permit or probationary driver's | 3755 |
license, the offender shall not be eligible to be issued such a | 3756 |
license or permit for a period of six months. If the offender has | 3757 |
not attained the age of fifteen years and six months, the offender | 3758 |
shall not be eligible to be issued a temporary instruction permit | 3759 |
until the offender attains the age of sixteen years. | 3760 |
(D) Whoever violates division (B) of section 4301.14, or | 3761 |
division (A)(1) or (3) or (B) of section 4301.22 of the Revised | 3762 |
Code is guilty of a misdemeanor of the third degree. | 3763 |
(E) Whoever violates section 4301.63 or division (B) of | 3764 |
section 4301.631 of the Revised Code shall be fined not less than | 3765 |
twenty-five nor more than one hundred dollars. The court imposing | 3766 |
a fine for a violation of section 4301.63 or division (B) of | 3767 |
section 4301.631 of the Revised Code may order that the fine be | 3768 |
paid by the performance of public work at a reasonable hourly rate | 3769 |
established by the court. The court shall designate the time | 3770 |
within which the public work shall be completed. | 3771 |
(F)(1) Whoever violates section 4301.634 of the Revised Code | 3772 |
is guilty of a misdemeanor of the first degree. If, in committing | 3773 |
a first violation of that section, the offender presented to the | 3774 |
permit holder or the permit holder's employee or agent a false, | 3775 |
fictitious, or altered identification card, a false or fictitious | 3776 |
driver's license purportedly issued by any state, or a driver's | 3777 |
license issued by any state that has been altered, the offender is | 3778 |
guilty of a misdemeanor of the first degree and shall be fined not | 3779 |
less than two hundred fifty and not more than one thousand | 3780 |
dollars, and may be sentenced to a term of imprisonment of not | 3781 |
more than six months. | 3782 |
(2) On a second violation in which, for the second time, the | 3783 |
offender presented to the permit holder or the permit holder's | 3784 |
employee or agent a false, fictitious, or altered identification | 3785 |
card, a false or fictitious driver's license purportedly issued by | 3786 |
any state, or a driver's license issued by any state that has been | 3787 |
altered, the offender is guilty of a misdemeanor of the first | 3788 |
degree and shall be fined not less than five hundred nor more than | 3789 |
one thousand dollars, and may be sentenced to a term of | 3790 |
imprisonment of not more than six months. The court also may | 3791 |
impose a class seven suspension of the offender's driver's or | 3792 |
commercial driver's license or permit or nonresident operating | 3793 |
privilege from the range specified in division (A)(7) of section | 3794 |
4510.02 of the Revised Code. | 3795 |
(3) On a third or subsequent violation in which, for the | 3796 |
third or subsequent time, the offender presented to the permit | 3797 |
holder or the permit holder's employee or agent a false, | 3798 |
fictitious, or altered identification card, a false or fictitious | 3799 |
driver's license purportedly issued by any state, or a driver's | 3800 |
license issued by any state that has been altered, the offender is | 3801 |
guilty of a misdemeanor of the first degree and shall be fined not | 3802 |
less than five hundred nor more than one thousand dollars, and may | 3803 |
be sentenced to a term of imprisonment of not more than six | 3804 |
months. | 3805 |
3806 | |
or commercial driver's license or permit or nonresident operating | 3807 |
privilege from the range specified in division (A)(6) of section | 3808 |
4510.02 of the Revised Code, and the court may order that the | 3809 |
suspension or denial remain in effect until the offender attains | 3810 |
the age of twenty-one years. The court
| 3811 |
the offender's temporary instruction permit, probationary driver's | 3812 |
license, or driver's license, instead may order the offender to | 3813 |
perform a determinate number of hours of community service, with | 3814 |
the court determining the actual number of hours and the nature of | 3815 |
the community service the offender shall perform. | 3816 |
(G) Whoever violates section 4301.636 of the Revised Code is | 3817 |
guilty of a felony of the fifth degree. | 3818 |
(H) Whoever violates division (A)(1) of section 4301.22 of | 3819 |
the Revised Code is guilty of a misdemeanor, shall be fined not | 3820 |
less than five hundred and not more than one thousand dollars, | 3821 |
and, in addition to the fine, may be imprisoned for a definite | 3822 |
term of not more than sixty days. | 3823 |
(I) Whoever violates division (A) of section 4301.69 or | 3824 |
division (H) of section 4301.691 of the Revised Code is guilty of | 3825 |
a misdemeanor, shall be fined not less than five hundred and not | 3826 |
more than one thousand dollars, and, in addition to the fine, may | 3827 |
be imprisoned for a definite term of not more than six months. | 3828 |
(J) Whoever violates division (B) of section 4301.65 of the | 3829 |
Revised Code is guilty of a misdemeanor of the third degree. For a | 3830 |
second or subsequent violation occurring within a period of five | 3831 |
consecutive years after the first violation, a person is guilty of | 3832 |
a misdemeanor of the first degree. | 3833 |
Sec. 4501.02. (A) There is hereby created in the department | 3834 |
of public safety a bureau of motor vehicles, which shall be | 3835 |
administered by a registrar of motor vehicles. The registrar shall | 3836 |
be appointed by the director of public safety and shall serve at | 3837 |
the director's pleasure. | 3838 |
The registrar shall administer the laws of the state relative | 3839 |
to the registration of and certificates of title for motor | 3840 |
vehicles, and the licensing of motor vehicle dealers, motor | 3841 |
vehicle leasing dealers, distributors, and salespersons, and of | 3842 |
motor vehicle salvage dealers, salvage motor vehicle auctions, and | 3843 |
salvage motor vehicle pools. The registrar also shall, in | 3844 |
accordance with section 4503.61 of the Revised Code, take those | 3845 |
steps necessary to enter this state into membership in the | 3846 |
international registration plan and carry out the registrar's | 3847 |
other duties under that section. The registrar, with the approval | 3848 |
of the director of public safety, may do all of the following: | 3849 |
(1) Adopt such forms and rules as are necessary to carry out | 3850 |
all laws the registrar is required to administer; | 3851 |
(2) Appoint such number of assistants, deputies, clerks, | 3852 |
stenographers, and other employees as are necessary to carry out | 3853 |
such laws; | 3854 |
(3) Acquire or lease such facilities as are necessary to | 3855 |
carry out the duties of the registrar's office; | 3856 |
(4) Apply for, allocate, disburse, and account for grants | 3857 |
made available under federal law or from other federal, state, or | 3858 |
private sources; | 3859 |
(5) Establish accounts in a bank or depository and deposit | 3860 |
any funds collected by the registrar in those accounts to the | 3861 |
credit of "state of Ohio, bureau of motor vehicles." Within three | 3862 |
days after the deposit of funds in such an account, the registrar | 3863 |
shall draw on that account in favor of the treasurer of state. The | 3864 |
registrar may reserve funds against the draw to the treasurer of | 3865 |
state to the extent reasonably necessary to ensure that the | 3866 |
deposited items are not dishonored. The registrar may pay any | 3867 |
service charge usually collected by the bank or depository; | 3868 |
(6) Develop rules that establish disqualifying offenses for | 3869 |
licensure as a motor vehicle salvage dealer pursuant to sections | 3870 |
4738.04, 4738.07, and 4776.10 of the Revised Code. | 3871 |
The registrar shall give a bond for the faithful performance | 3872 |
of the registrar's duties in such amount and with such security as | 3873 |
the director approves. When in the opinion of the director it is | 3874 |
advisable, any deputy or other employee may be required to give | 3875 |
bond in such amount and with such security as the director | 3876 |
approves. In the discretion of the director, the bonds authorized | 3877 |
to be taken on deputies or other employees may be individual, | 3878 |
schedule, or blanket bonds. | 3879 |
The director of public safety may investigate the activities | 3880 |
of the bureau and have access to its records at any time, and the | 3881 |
registrar shall make a report to the director at any time upon | 3882 |
request. | 3883 |
All laws relating to the licensing of motor vehicle dealers, | 3884 |
motor vehicle leasing dealers, distributors, and salespersons, and | 3885 |
of motor vehicle salvage dealers, salvage motor vehicle auctions, | 3886 |
and salvage motor vehicle pools, designating and granting power to | 3887 |
the registrar shall be liberally construed to the end that the | 3888 |
practice or commission of fraud in the business of selling motor | 3889 |
vehicles and of disposing of salvage motor vehicles may be | 3890 |
prohibited and prevented. | 3891 |
(B) There is hereby created in the department of public | 3892 |
safety a division of emergency medical services, which shall be | 3893 |
administered by an executive director of emergency medical | 3894 |
services appointed under section 4765.03 of the Revised Code. | 3895 |
Sec. 4503.233. (A)(1) If a court is required to order the | 3896 |
immobilization of a vehicle for a specified period of time | 3897 |
pursuant to section 4510.11, 4510.14,
| 3898 |
4511.19, 4511.193, or 4511.203 of the Revised Code, the court, | 3899 |
subject to section 4503.235 of the Revised Code, shall issue the | 3900 |
immobilization order in accordance with this division and for the | 3901 |
period of time specified in the particular section, and the | 3902 |
immobilization under the order shall be in accordance with this | 3903 |
section. The court, at the time of sentencing the offender for the | 3904 |
offense relative to which the immobilization order is issued or as | 3905 |
soon thereafter as is practicable, shall give a copy of the order | 3906 |
to the offender or the offender's counsel. The court promptly | 3907 |
shall send a copy of the order to the registrar on a form | 3908 |
prescribed by the registrar and to the person or agency it | 3909 |
designates to execute the order. | 3910 |
The order shall indicate the date on which it is issued, | 3911 |
shall identify the vehicle that is subject to the order, and shall | 3912 |
specify all of the following: | 3913 |
(a) The period of the immobilization; | 3914 |
(b) The place at which the court determines that the | 3915 |
immobilization shall be carried out, provided that the court shall | 3916 |
not determine and shall not specify that the immobilization is to | 3917 |
be carried out at any place other than a commercially operated | 3918 |
private storage lot, a place owned by a law enforcement or other | 3919 |
government agency, or a place to which one of the following | 3920 |
applies: | 3921 |
(i) The place is leased by or otherwise under the control of | 3922 |
a law enforcement or other government agency. | 3923 |
(ii) The place is owned by the offender, the offender's | 3924 |
spouse, or a parent or child of the offender. | 3925 |
(iii) The place is owned by a private person or entity, and, | 3926 |
prior to the issuance of the order, the private entity or person | 3927 |
that owns the place, or the authorized agent of that private | 3928 |
entity or person, has given express written consent for the | 3929 |
immobilization to be carried out at that place. | 3930 |
(iv) The place is a public street or highway on which the | 3931 |
vehicle is parked in accordance with the law. | 3932 |
(c) The person or agency designated by the court to execute | 3933 |
the order, which shall be either the law enforcement agency that | 3934 |
employs the law enforcement officer who seized the vehicle, a | 3935 |
bailiff of the court, another person the court determines to be | 3936 |
appropriate to execute the order, or the law enforcement agency | 3937 |
with jurisdiction over the place of residence of the vehicle | 3938 |
owner; | 3939 |
(d) That neither the registrar nor a deputy registrar will be | 3940 |
permitted to accept an application for the license plate | 3941 |
registration of any motor vehicle in the name of the vehicle owner | 3942 |
until the immobilization fee is paid. | 3943 |
(2) The person or agency the court designates to immobilize | 3944 |
the vehicle shall seize or retain that vehicle's license plates | 3945 |
and forward them to the bureau of motor vehicles. | 3946 |
(3) In all cases, the offender shall be assessed an | 3947 |
immobilization fee of one hundred dollars, and the immobilization | 3948 |
fee shall be paid to the registrar before the vehicle may be | 3949 |
released to the offender. Neither the registrar nor a deputy | 3950 |
registrar shall accept an application for the registration of any | 3951 |
motor vehicle in the name of the offender until the immobilization | 3952 |
fee is paid. | 3953 |
(4) If the vehicle subject to the order is immobilized | 3954 |
pursuant to the order and is found being operated upon any street | 3955 |
or highway in this state during the immobilization period, it | 3956 |
shall be seized, removed from the street or highway, and | 3957 |
criminally forfeited and disposed of pursuant to section 4503.234 | 3958 |
of the Revised Code. | 3959 |
(5) The registrar shall deposit the immobilization fee into | 3960 |
the law enforcement reimbursement fund created by section 4501.19 | 3961 |
of the Revised Code. Money in the fund shall be expended only as | 3962 |
provided in division (A)(5) of this section. If the court | 3963 |
designated in the order a court bailiff or another appropriate | 3964 |
person other than a law enforcement officer to immobilize the | 3965 |
vehicle, the amount of the fee deposited into the law enforcement | 3966 |
reimbursement fund shall be paid out to the county treasury if the | 3967 |
court that issued the order is a county court, to the treasury of | 3968 |
the municipal corporation served by the court if the court that | 3969 |
issued the order is a mayor's court, or to the city treasury of | 3970 |
the legislative authority of the court, both as defined in section | 3971 |
1901.03 of the Revised Code, if the court that issued the order is | 3972 |
a municipal court. If the court designated a law enforcement | 3973 |
agency to immobilize the vehicle and if the law enforcement agency | 3974 |
immobilizes the vehicle, the amount of the fee deposited into the | 3975 |
law enforcement reimbursement fund shall be paid out to the law | 3976 |
enforcement agency to reimburse the agency for the costs it incurs | 3977 |
in obtaining immobilization equipment and, if required, in sending | 3978 |
an officer or other person to search for and locate the vehicle | 3979 |
specified in the immobilization order and to immobilize the | 3980 |
vehicle. | 3981 |
In addition to the immobilization fee required to be paid | 3982 |
under division (A)(3) of this section, the offender may be charged | 3983 |
expenses or charges incurred in the removal and storage of the | 3984 |
immobilized vehicle. | 3985 |
(B) If a court issues an immobilization order under division | 3986 |
(A)(1) of this section, the person or agency designated by the | 3987 |
court to execute the immobilization order promptly shall | 3988 |
immobilize or continue the immobilization of the vehicle at the | 3989 |
place specified by the court in the order. The registrar shall not | 3990 |
authorize the release of the vehicle or authorize the issuance of | 3991 |
new identification license plates for the vehicle at the end of | 3992 |
the immobilization period until the immobilization fee has been | 3993 |
paid. | 3994 |
(C) Upon receipt of the license plates for a vehicle under | 3995 |
this section, the registrar shall destroy the license plates. At | 3996 |
the end of the immobilization period and upon the payment of the | 3997 |
immobilization fee that must be paid under this section, the | 3998 |
registrar shall authorize the release of the vehicle and authorize | 3999 |
the issuance, upon the payment of the same fee as is required for | 4000 |
the replacement of lost, mutilated, or destroyed license plates | 4001 |
and certificates of registration, of new license plates and, if | 4002 |
necessary, a new certificate of registration to the offender for | 4003 |
the vehicle in question. | 4004 |
(D)(1) If a court issues an immobilization order under | 4005 |
division (A) of this section, the immobilization period commences | 4006 |
on the day on which the vehicle in question is immobilized. If the | 4007 |
vehicle in question had been seized under section 4510.41 or | 4008 |
4511.195 of the Revised Code, the time between the seizure and the | 4009 |
beginning of the immobilization period shall be credited against | 4010 |
the immobilization period specified in the immobilization order | 4011 |
issued under division (A) of this section. No vehicle that is | 4012 |
immobilized under this section is eligible to have restricted | 4013 |
license plates under section 4503.231 of the Revised Code issued | 4014 |
for that vehicle. | 4015 |
(2) If a court issues an immobilization order under division | 4016 |
(A) of this section, if the vehicle subject to the order is | 4017 |
immobilized under the order, and if the vehicle is found being | 4018 |
operated upon any street or highway of this state during the | 4019 |
immobilization period, it shall be seized, removed from the street | 4020 |
or highway, and criminally forfeited, and disposed of pursuant to | 4021 |
section 4503.234 of the Revised Code. No vehicle that is forfeited | 4022 |
under this provision shall be considered contraband for purposes | 4023 |
of Chapter 2981. of the Revised Code, but shall be held by the law | 4024 |
enforcement agency that employs the officer who seized it for | 4025 |
disposal in accordance with section 4503.234 of the Revised Code. | 4026 |
(3) If a court issues an immobilization order under division | 4027 |
(A) of this section, and if the vehicle is not claimed within | 4028 |
seven days after the end of the period of immobilization or if the | 4029 |
offender has not paid the immobilization fee, the person or agency | 4030 |
that immobilized the vehicle shall send a written notice to the | 4031 |
offender at the offender's last known address informing the | 4032 |
offender of the date on which the period of immobilization ended, | 4033 |
that the offender has twenty days after the date of the notice to | 4034 |
pay the immobilization fee and obtain the release of the vehicle, | 4035 |
and that if the offender does not pay the fee and obtain the | 4036 |
release of the vehicle within that twenty-day period, the vehicle | 4037 |
will be forfeited under section 4503.234 of the Revised Code to | 4038 |
the entity that is entitled to the immobilization fee. | 4039 |
(4) An offender whose motor vehicle is subject to an | 4040 |
immobilization order issued under division (A) of this section | 4041 |
shall not sell the motor vehicle without approval of the court | 4042 |
that issued the order. If such an offender wishes to sell the | 4043 |
motor vehicle during the immobilization period, the offender shall | 4044 |
apply to the court that issued the immobilization order for | 4045 |
permission to assign the title to the vehicle. If the court is | 4046 |
satisfied that the sale will be in good faith and not for the | 4047 |
purpose of circumventing the provisions of division (A)(1) of this | 4048 |
section, it may certify its consent to the offender and to the | 4049 |
registrar. Upon receipt of the court's consent, the registrar | 4050 |
shall enter the court's notice in the offender's vehicle license | 4051 |
plate registration record. | 4052 |
If, during a period of immobilization under an immobilization | 4053 |
order issued under division (A) of this section, the title to the | 4054 |
immobilized motor vehicle is transferred by the foreclosure of a | 4055 |
chattel mortgage, a sale upon execution, the cancellation of a | 4056 |
conditional sales contract, or an order of a court, the involved | 4057 |
court shall notify the registrar of the action, and the registrar | 4058 |
shall enter the court's notice in the offender's vehicle license | 4059 |
plate registration record. | 4060 |
Nothing in this section shall be construed as requiring the | 4061 |
registrar or the clerk of the court of common pleas to note upon | 4062 |
the certificate of title records any prohibition regarding the | 4063 |
sale of a motor vehicle. | 4064 |
(5) If the title to a motor vehicle that is subject to an | 4065 |
immobilization order under division (A) of this section is | 4066 |
assigned or transferred without court approval between the time of | 4067 |
arrest of the offender who committed the offense for which such an | 4068 |
order is to be issued and the time of the actual immobilization of | 4069 |
the vehicle, the court shall order that, for a period of two years | 4070 |
from the date of the order, neither the registrar nor any deputy | 4071 |
registrar shall accept an application for the registration of any | 4072 |
motor vehicle in the name of the offender whose vehicle was | 4073 |
assigned or transferred without court approval. The court shall | 4074 |
notify the registrar of the order on a form prescribed by the | 4075 |
registrar for that purpose. | 4076 |
(6) If the title to a motor vehicle that is subject to an | 4077 |
immobilization order under division (A) of this section is | 4078 |
assigned or transferred without court approval in violation of | 4079 |
division (D)(4) of this section, then, in addition to or | 4080 |
independent of any other penalty established by law, the court may | 4081 |
fine the offender the value of the vehicle as determined by | 4082 |
publications of the national auto dealers association. The | 4083 |
proceeds from any fine so imposed shall be distributed in the same | 4084 |
manner as the proceeds of the sale of a forfeited vehicle are | 4085 |
distributed pursuant to division (C)(2) of section 4503.234 of the | 4086 |
Revised Code. | 4087 |
(E)(1) The court with jurisdiction over the case, after | 4088 |
notice to all interested parties including lienholders, and after | 4089 |
an opportunity for them to be heard, if the offender fails to | 4090 |
appear in person, without good cause, or if the court finds that | 4091 |
the offender does not intend to seek release of the vehicle at the | 4092 |
end of the period of immobilization or that the offender is not or | 4093 |
will not be able to pay the expenses and charges incurred in its | 4094 |
removal and storage, may order that title to the vehicle be | 4095 |
transferred, in order of priority, first into the name of the | 4096 |
entity entitled to the immobilization fee under division (A)(5) of | 4097 |
this section, next into the name of a lienholder, or lastly, into | 4098 |
the name of the owner of the place of storage. | 4099 |
A lienholder that receives title under a court order shall do | 4100 |
so on the condition that it pay any expenses or charges incurred | 4101 |
in the vehicle's removal and storage. If the entity that receives | 4102 |
title to the vehicle is the entity that is entitled to the | 4103 |
immobilization fee under division (A)(5) of this section, it shall | 4104 |
receive title on the condition that it pay any lien on the | 4105 |
vehicle. The court shall not order that title be transferred to | 4106 |
any person or entity other than the owner of the place of storage | 4107 |
if the person or entity refuses to receive the title. Any person | 4108 |
or entity that receives title may either keep title to the vehicle | 4109 |
or may dispose of the vehicle in any legal manner that it | 4110 |
considers appropriate, including assignment of the certificate of | 4111 |
title to the motor vehicle to a salvage dealer or a scrap metal | 4112 |
processing facility. The person or entity shall not transfer the | 4113 |
vehicle to the person who is the vehicle's immediate previous | 4114 |
owner. | 4115 |
If the person or entity assigns the motor vehicle to a | 4116 |
salvage dealer or scrap metal processing facility, the person or | 4117 |
entity shall send the assigned certificate of title to the motor | 4118 |
vehicle to the clerk of the court of common pleas of the county in | 4119 |
which the salvage dealer or scrap metal processing facility is | 4120 |
located. The person or entity shall mark the face of the | 4121 |
certificate of title with the words "FOR DESTRUCTION" and shall | 4122 |
deliver a photocopy of the certificate of title to the salvage | 4123 |
dealer or scrap metal processing facility for its records. | 4124 |
(2) Whenever a court issues an order under division (E)(1) of | 4125 |
this section, the court also shall order removal of the license | 4126 |
plates from the vehicle and cause them to be sent to the registrar | 4127 |
if they have not already been sent to the registrar. Thereafter, | 4128 |
no further proceedings shall take place under this section, but | 4129 |
the offender remains liable for payment of the immobilization fee | 4130 |
described in division (A)(3) of this section if an immobilization | 4131 |
order previously had been issued by the court. | 4132 |
(3) Prior to initiating a proceeding under division (E)(1) of | 4133 |
this section, and upon payment of the fee under division (B) of | 4134 |
section 4505.14 of the Revised Code, any interested party may | 4135 |
cause a search to be made of the public records of the bureau of | 4136 |
motor vehicles or the clerk of the court of common pleas, to | 4137 |
ascertain the identity of any lienholder of the vehicle. The | 4138 |
initiating party shall furnish this information to the clerk of | 4139 |
the court with jurisdiction over the case, and the clerk shall | 4140 |
provide notice to the vehicle owner, the defendant, any | 4141 |
lienholder, and any other interested parties listed by the | 4142 |
initiating party, at the last known address supplied by the | 4143 |
initiating party, by certified mail or, at the option of the | 4144 |
initiating party, by personal service or ordinary mail. | 4145 |
As used in this section, "interested party" includes the | 4146 |
offender, all lienholders, the owner of the place of storage, the | 4147 |
person or entity that caused the vehicle to be removed, and the | 4148 |
person or entity, if any, entitled to the immobilization fee under | 4149 |
division (A)(5) of this section. | 4150 |
Sec. 4503.234. (A) If a court orders the criminal forfeiture | 4151 |
of a vehicle pursuant to section 4503.233, 4503.236, 4510.11, | 4152 |
4510.14, | 4153 |
4511.203 of the Revised Code, the order shall be issued and | 4154 |
enforced in accordance with this division, subject to division (B) | 4155 |
of this section. An order of criminal forfeiture issued under this | 4156 |
division shall authorize an appropriate law enforcement agency to | 4157 |
seize the vehicle ordered criminally forfeited upon the terms and | 4158 |
conditions that the court determines proper. No vehicle ordered | 4159 |
criminally forfeited pursuant to this division shall be considered | 4160 |
contraband for purposes of Chapter 2981. of the Revised Code, but | 4161 |
the law enforcement agency that employs the officer who seized it | 4162 |
shall hold the vehicle for disposal in accordance with this | 4163 |
section. A forfeiture order may be issued only after the offender | 4164 |
has been provided with an opportunity to be heard. The prosecuting | 4165 |
attorney shall give the offender written notice of the possibility | 4166 |
of forfeiture by sending a copy of the relevant uniform traffic | 4167 |
ticket or other written notice to the offender not less than seven | 4168 |
days prior to the date of issuance of the forfeiture order. A | 4169 |
vehicle is subject to an order of criminal forfeiture pursuant to | 4170 |
this division upon the conviction of the offender of or plea of | 4171 |
guilty by the offender to a violation of division (A) of section | 4172 |
4503.236, section 4510.11, 4510.14,
| 4173 |
division (A) of section 4511.19 of the Revised Code, or a | 4174 |
municipal ordinance that is substantially equivalent to any of | 4175 |
those sections or divisions. | 4176 |
(B)(1) Prior to the issuance of an order of criminal | 4177 |
forfeiture pursuant to this section, the law enforcement agency | 4178 |
that employs the law enforcement officer who seized the vehicle | 4179 |
shall conduct or cause to be conducted a search of the appropriate | 4180 |
public records that relate to the vehicle and shall make or cause | 4181 |
to be made reasonably diligent inquiries to identify any | 4182 |
lienholder or any person or entity with an ownership interest in | 4183 |
the vehicle. The court that is to issue the forfeiture order also | 4184 |
shall cause a notice of the potential order relative to the | 4185 |
vehicle and of the expected manner of disposition of the vehicle | 4186 |
after its forfeiture to be sent to any lienholder or person who is | 4187 |
known to the court to have any right, title, or interest in the | 4188 |
vehicle. The court shall give the notice by certified mail, return | 4189 |
receipt requested, or by personal service. | 4190 |
(2) No order of criminal forfeiture shall be issued pursuant | 4191 |
to this section if a lienholder or other person with an ownership | 4192 |
interest in the vehicle establishes to the court, by a | 4193 |
preponderance of the evidence after filing a motion with the | 4194 |
court, that the lienholder or other person neither knew nor should | 4195 |
have known after a reasonable inquiry that the vehicle would be | 4196 |
used or involved, or likely would be used or involved, in the | 4197 |
violation resulting in the issuance of the order of criminal | 4198 |
forfeiture or the violation of the order of immobilization issued | 4199 |
under section 4503.233 of the Revised Code, that the lienholder or | 4200 |
other person did not expressly or impliedly consent to the use or | 4201 |
involvement of the vehicle in that violation, and that the lien or | 4202 |
ownership interest was perfected pursuant to law prior to the | 4203 |
seizure of the vehicle under section 4503.236, 4510.41, 4511.195, | 4204 |
or 4511.203 of the Revised Code. If the lienholder or holder of | 4205 |
the ownership interest satisfies the court that these criteria | 4206 |
have been met, the court shall preserve the lienholder's or other | 4207 |
person's lien or interest, and the court either shall return the | 4208 |
vehicle to the holder, or shall order that the proceeds of any | 4209 |
sale held pursuant to division (C)(2) of this section be paid to | 4210 |
the lienholder or holder of the interest less the costs of | 4211 |
seizure, storage, and maintenance of the vehicle. The court shall | 4212 |
not return a vehicle to a lienholder or a holder of an ownership | 4213 |
interest unless the lienholder or holder submits an affidavit to | 4214 |
the court that states that the lienholder or holder will not | 4215 |
return the vehicle to the person from whom the vehicle was seized | 4216 |
pursuant to the order of criminal forfeiture or to any member of | 4217 |
that person's family and will not otherwise knowingly permit that | 4218 |
person or any member of that person's family to obtain possession | 4219 |
of the vehicle. | 4220 |
(3) No order of criminal forfeiture shall be issued pursuant | 4221 |
to this section if a person with an interest in the vehicle | 4222 |
establishes to the court, by a preponderance of the evidence after | 4223 |
filing a motion with the court, that the person neither knew nor | 4224 |
should have known after a reasonable inquiry that the vehicle had | 4225 |
been used or was involved in the violation resulting in the | 4226 |
issuance of the order of criminal forfeiture or the violation of | 4227 |
the order of immobilization issued under section 4503.233 of the | 4228 |
Revised Code, that the person did not expressly or impliedly | 4229 |
consent to the use or involvement of the vehicle in that | 4230 |
violation, that the interest was perfected in good faith and for | 4231 |
value pursuant to law between the time of the arrest of the | 4232 |
offender and the final disposition of the criminal charge in | 4233 |
question, and that the vehicle was in the possession of the | 4234 |
interest holder at the time of the perfection of the interest. If | 4235 |
the court is satisfied that the interest holder has met these | 4236 |
criteria, the court shall preserve the interest holder's interest, | 4237 |
and the court either shall return the vehicle to the interest | 4238 |
holder or order that the proceeds of any sale held pursuant to | 4239 |
division (C) of this section be paid to the holder of the interest | 4240 |
less the costs of seizure, storage, and maintenance of the | 4241 |
vehicle. The court shall not return a vehicle to an interest | 4242 |
holder unless the holder submits an affidavit to the court stating | 4243 |
that the holder will not return the vehicle to the person from | 4244 |
whom the holder acquired the holder's interest, nor to any member | 4245 |
of that person's family, and the holder will not otherwise | 4246 |
knowingly permit that person or any member of that person's family | 4247 |
to obtain possession of the vehicle. | 4248 |
(C) A vehicle ordered criminally forfeited to the state | 4249 |
pursuant to this section shall be disposed of as follows: | 4250 |
(1) It shall be given to the law enforcement agency that | 4251 |
employs the law enforcement officer who seized the vehicle, if | 4252 |
that agency desires to have it; | 4253 |
(2) If a vehicle is not disposed of pursuant to division | 4254 |
(C)(1) of this section, the vehicle shall be sold, without | 4255 |
appraisal, if the value of the vehicle is two thousand dollars or | 4256 |
more as determined by publications of the national auto dealer's | 4257 |
association, at a public auction to the highest bidder for cash. | 4258 |
Prior to the sale, the prosecuting attorney in the case shall | 4259 |
cause a notice of the proposed sale to be given in accordance with | 4260 |
law. The court shall cause notice of the sale of the vehicle to be | 4261 |
published in a newspaper of general circulation in the county in | 4262 |
which the court is located at least seven days prior to the date | 4263 |
of the sale. The proceeds of a sale under this division or | 4264 |
division (F) of this section shall be applied in the following | 4265 |
order: | 4266 |
(a) First, they shall be applied to the payment of the costs | 4267 |
incurred in connection with the seizure, storage, and maintenance | 4268 |
of, and provision of security for, the vehicle, any proceeding | 4269 |
arising out of the forfeiture, and if any, the sale. | 4270 |
(b) Second, the remaining proceeds after compliance with | 4271 |
division (C)(2)(a) of this section, shall be applied to the | 4272 |
payment of the value of any lien or ownership interest in the | 4273 |
vehicle preserved under division (B) of this section. | 4274 |
(c) Third, the remaining proceeds, after compliance with | 4275 |
divisions (C)(2)(a) and (b) of this section, shall be applied to | 4276 |
the appropriate funds in accordance with divisions (B) and (C) of | 4277 |
section 2981.13 of the Revised Code, provided that the total of | 4278 |
the amount so deposited under this division shall not exceed one | 4279 |
thousand dollars. The remaining proceeds deposited under this | 4280 |
division shall be used only for the purposes authorized by those | 4281 |
divisions and division (D) of that section. | 4282 |
(d) Fourth, the remaining proceeds after compliance with | 4283 |
divisions (C)(2)(a) and (b) of this section and after deposit of a | 4284 |
total amount of one thousand dollars under division (C)(2)(c) of | 4285 |
this section shall be applied so that fifty per cent of those | 4286 |
remaining proceeds is paid into the reparation fund established by | 4287 |
section 2743.191 of the Revised Code, twenty-five per cent is paid | 4288 |
into the drug abuse resistance education programs fund created by | 4289 |
division (F)(2)(e) of section 4511.191 of the Revised Code and | 4290 |
shall be used only for the purposes authorized by division | 4291 |
(F)(2)(e) of that section, and twenty-five per cent is applied to | 4292 |
the appropriate funds in accordance with divisions (B) and (C) of | 4293 |
section 2981.13 of the Revised Code. The proceeds deposited into | 4294 |
any fund described in section 2981.13 of the Revised Code shall be | 4295 |
used only for the purposes authorized by divisions (B)(4)(c), (C), | 4296 |
and (D) of that section. | 4297 |
(D) Except as provided in division (E) of section 4511.203 of | 4298 |
the Revised Code and notwithstanding any other provision of law, | 4299 |
neither the registrar of motor vehicles nor any deputy registrar | 4300 |
shall accept an application for the registration of any motor | 4301 |
vehicle in the name of any person, or register any motor vehicle | 4302 |
in the name of any person, if both of the following apply: | 4303 |
(1) Any vehicle registered in the person's name was | 4304 |
criminally forfeited under this section and section 4503.233, | 4305 |
4503.236, 4510.10, 4510.11, 4510.14, | 4306 |
4511.193, or 4511.203 of the Revised Code; | 4307 |
(2) Less than five years have expired since the issuance of | 4308 |
the most recent order of criminal forfeiture issued in relation to | 4309 |
a vehicle registered in the person's name. | 4310 |
(E) If a court orders the criminal forfeiture to the state of | 4311 |
a vehicle pursuant to section 4503.233, 4503.236, 4510.10, | 4312 |
4510.11, 4510.14,
| 4313 |
or 4511.203 of the Revised Code, the title to the motor vehicle is | 4314 |
assigned or transferred, and division (B)(2) or (3) of this | 4315 |
section applies, in addition to or independent of any other | 4316 |
penalty established by law, the court may fine the offender the | 4317 |
value of the vehicle as determined by publications of the national | 4318 |
auto dealer's association. The proceeds from any fine imposed | 4319 |
under this division shall be distributed in accordance with | 4320 |
division (C)(2) of this section. | 4321 |
(F) As used in this section and divisions (B)(4)(c), (C), and | 4322 |
(D) of section 2981.13 of the Revised Code in relation to proceeds | 4323 |
of the sale of a vehicle under division (C) of this section, | 4324 |
"prosecuting attorney" includes the prosecuting attorney, village | 4325 |
solicitor, city director of law, or similar chief legal officer of | 4326 |
a municipal corporation who prosecutes the case resulting in the | 4327 |
conviction or guilty plea in question. | 4328 |
(G) If the vehicle to be forfeited has an average retail | 4329 |
value of less than two thousand dollars as determined by | 4330 |
publications of the national auto dealer's association, no public | 4331 |
auction is required to be held. In such a case, the court may | 4332 |
direct that the vehicle be disposed of in any manner that it | 4333 |
considers appropriate, including assignment of the certificate of | 4334 |
title to the motor vehicle to a salvage dealer or a scrap metal | 4335 |
processing facility. The court shall not transfer the vehicle to | 4336 |
the person who is the vehicle's immediate previous owner. | 4337 |
If the court assigns the motor vehicle to a salvage dealer or | 4338 |
scrap metal processing facility and the court is in possession of | 4339 |
the certificate of title to the motor vehicle, it shall send the | 4340 |
assigned certificate of title to the motor vehicle to the clerk of | 4341 |
the court of common pleas of the county in which the salvage | 4342 |
dealer or scrap metal processing facility is located. The court | 4343 |
shall mark the face of the certificate of title with the words | 4344 |
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate | 4345 |
of title to the salvage dealer or scrap metal processing facility | 4346 |
for its records. | 4347 |
If the court is not in possession of the certificate of title | 4348 |
to the motor vehicle, the court shall issue an order transferring | 4349 |
ownership of the motor vehicle to a salvage dealer or scrap metal | 4350 |
processing facility, send the order to the clerk of the court of | 4351 |
common pleas of the county in which the salvage dealer or scrap | 4352 |
metal processing facility is located, and send a photocopy of the | 4353 |
order to the salvage dealer or scrap metal processing facility for | 4354 |
its records. The clerk shall make the proper notations or entries | 4355 |
in the clerk's records concerning the disposition of the motor | 4356 |
vehicle. | 4357 |
Sec. 4507.02. (A)(1) No person shall permit the operation of | 4358 |
a motor vehicle upon any public or private property used by the | 4359 |
public for purposes of vehicular travel or parking knowing the | 4360 |
operator does not have a valid driver's license issued to the | 4361 |
operator by the registrar of motor vehicles under this chapter or | 4362 |
a valid commercial driver's license issued under Chapter 4506. of | 4363 |
the Revised Code. Except as otherwise provided in this division, | 4364 |
whoever violates this division is guilty of an unclassified | 4365 |
misdemeanor. When the offense is an unclassified misdemeanor, the | 4366 |
offender shall be sentenced pursuant to sections 2929.21 to | 4367 |
2929.28 of the Revised Code, except that the offender shall not be | 4368 |
sentenced to a jail term; the offender shall not be sentenced to a | 4369 |
community residential sanction pursuant to section 2929.26 of the | 4370 |
Revised Code; notwithstanding division (A)(2)(a) of section | 4371 |
2929.28 of the Revised Code, the offender may be fined up to one | 4372 |
thousand dollars; and, notwithstanding division (A)(3) of section | 4373 |
2929.27 of the Revised Code, the offender may be ordered pursuant | 4374 |
to division (C) of that section to serve a term of community | 4375 |
service of up to five hundred hours. The failure of an offender to | 4376 |
complete a term of community service imposed by the court may be | 4377 |
punished as indirect criminal contempt under division (A) of | 4378 |
section 2705.02 of the Revised Code that may be filed in the | 4379 |
underlying case. | 4380 |
If, within three years of the offense, the offender | 4381 |
previously has been convicted of or pleaded guilty to two or more | 4382 |
violations of this section or a substantially equivalent municipal | 4383 |
ordinance, the offense is a misdemeanor of the first degree. | 4384 |
(2) No person shall receive a driver's license, or a | 4385 |
motorcycle operator's endorsement of a driver's or commercial | 4386 |
driver's license, unless and until the person surrenders to the | 4387 |
registrar all valid licenses issued to the person by another | 4388 |
jurisdiction recognized by this state. The registrar shall report | 4389 |
the surrender of a license to the issuing authority, together with | 4390 |
information that a license is now issued in this state. The | 4391 |
registrar shall destroy any such license that is not returned to | 4392 |
the issuing authority. No person shall be permitted to have more | 4393 |
than one valid license at any time. | 4394 |
(B)(1) If a person is convicted of a violation of section | 4395 |
4510.11, 4510.14, | 4396 |
4397 | |
4398 | |
judge of any court, in addition to or independent of any other | 4399 |
penalties provided by law or ordinance, may impound the | 4400 |
identification license plates of any motor vehicle registered in | 4401 |
the name of the person. | 4402 |
4403 | |
4404 | |
4405 | |
4406 | |
4407 | |
impounded license plates to the registrar, who may retain the | 4408 |
license plates until the driver's or commercial driver's license | 4409 |
of the owner has been reinstated or destroy them pursuant to | 4410 |
section 4503.232 of the Revised Code. | 4411 |
If the license plates of a person convicted of a violation of | 4412 |
any provision of those sections have been impounded in accordance | 4413 |
with the provisions of this division, the court shall notify the | 4414 |
registrar of that action. The notice shall contain the name and | 4415 |
address of the driver, the serial number of the driver's or | 4416 |
commercial driver's license, the serial numbers of the license | 4417 |
plates of the motor vehicle, and the length of time for which the | 4418 |
license plates have been impounded. The registrar shall record the | 4419 |
data in the notice as part of the driver's permanent record. | 4420 |
(2) Any motor vehicle owner who has had the license plates of | 4421 |
a motor vehicle impounded pursuant to division (B)(1) of this | 4422 |
section may apply to the registrar, or to a deputy registrar, for | 4423 |
restricted license plates that shall conform to the requirements | 4424 |
of section 4503.231 of the Revised Code. The registrar or deputy | 4425 |
registrar forthwith shall notify the court of the application and, | 4426 |
upon approval of the court, shall issue restricted license plates | 4427 |
to the applicant. Until the driver's or commercial driver's | 4428 |
license of the owner is reinstated, any new license plates issued | 4429 |
to the owner also shall conform to the requirements of section | 4430 |
4503.231 of the Revised Code. | 4431 |
The registrar or deputy registrar shall charge the owner of a | 4432 |
vehicle the fees provided in section 4503.19 of the Revised Code | 4433 |
for restricted license plates that are issued in accordance with | 4434 |
this division, except upon renewal as specified in section 4503.10 | 4435 |
of the Revised Code, when the regular fee as provided in section | 4436 |
4503.04 of the Revised Code shall be charged. The registrar or | 4437 |
deputy registrar shall charge the owner of a vehicle the fees | 4438 |
provided in section 4503.19 of the Revised Code whenever | 4439 |
restricted license plates are exchanged, by reason of the | 4440 |
reinstatement of the driver's or commercial driver's license of | 4441 |
the owner, for those ordinarily issued. | 4442 |
(3) If an owner wishes to sell a motor vehicle during the | 4443 |
time the restricted license plates provided under division (B)(2) | 4444 |
of this section are in use, the owner may apply to the court that | 4445 |
impounded the license plates of the motor vehicle for permission | 4446 |
to transfer title to the motor vehicle. If the court is satisfied | 4447 |
that the sale will be made in good faith and not for the purpose | 4448 |
of circumventing the provisions of this section, it may certify | 4449 |
its consent to the owner and to the registrar of motor vehicles | 4450 |
who shall enter notice of the transfer of the title of the motor | 4451 |
vehicle in the vehicle registration record. | 4452 |
If, during the time the restricted license plates provided | 4453 |
under division (B)(2) of this section are in use, the title to a | 4454 |
motor vehicle is transferred by the foreclosure of a chattel | 4455 |
mortgage, a sale upon execution, the cancellation of a conditional | 4456 |
sales contract, or by order of a court, the court shall notify the | 4457 |
registrar of the action and the registrar shall enter notice of | 4458 |
the transfer of the title to the motor vehicle in the vehicle | 4459 |
registration record. | 4460 |
(C) This section is not intended to change or modify any | 4461 |
provision of Chapter 4503. of the Revised Code with respect to the | 4462 |
taxation of motor vehicles or the time within which the taxes on | 4463 |
motor vehicles shall be paid. | 4464 |
Sec. 4507.164. (A) Except as provided in divisions (C) to | 4465 |
(E) of this section, when the license of any person is suspended | 4466 |
pursuant to any provision of the Revised Code other than division | 4467 |
(G) of section 4511.19 of the Revised Code and other than section | 4468 |
4510.07 of the Revised Code for a violation of a municipal OVI | 4469 |
ordinance, the trial judge may impound the identification license | 4470 |
plates of any motor vehicle registered in the name of the person. | 4471 |
(B)(1) When the license of any person is suspended pursuant | 4472 |
to division (G)(1)(a) of section 4511.19 of the Revised Code, or | 4473 |
pursuant to section 4510.07 of the Revised Code for a municipal | 4474 |
OVI offense when the suspension is equivalent in length to the | 4475 |
suspension under division (G) of section 4511.19 of the Revised | 4476 |
Code that is specified in this division, the trial judge of the | 4477 |
court of record or the mayor of the mayor's court that suspended | 4478 |
the license may impound the identification license plates of any | 4479 |
motor vehicle registered in the name of the person. | 4480 |
(2) When the license of any person is suspended pursuant to | 4481 |
division (G)(1)(b) of section 4511.19 of the Revised Code, or | 4482 |
pursuant to section 4510.07 of the Revised Code for a municipal | 4483 |
OVI offense when the suspension is equivalent in length to the | 4484 |
suspension under division (G) of section 4511.19 of the Revised | 4485 |
Code that is specified in this division, the trial judge of the | 4486 |
court of record that suspended the license shall order the | 4487 |
impoundment of the identification license plates of the motor | 4488 |
vehicle the offender was operating at the time of the offense and | 4489 |
the immobilization of that vehicle in accordance with section | 4490 |
4503.233 and division (G)(1)(b) of section 4511.19 or division | 4491 |
(C)(2)(a) of section 4511.193 of the Revised Code and may impound | 4492 |
the identification license plates of any other motor vehicle | 4493 |
registered in the name of the person whose license is suspended. | 4494 |
(3) When the license of any person is suspended pursuant to | 4495 |
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised | 4496 |
Code, or pursuant to section 4510.07 of the Revised Code for a | 4497 |
municipal OVI offense when the suspension is equivalent in length | 4498 |
to the suspension under division (G) of section 4511.19 of the | 4499 |
Revised Code that is specified in this division, the trial judge | 4500 |
of the court of record that suspended the license shall order the | 4501 |
criminal forfeiture to the state of the motor vehicle the offender | 4502 |
was operating at the time of the offense in accordance with | 4503 |
section 4503.234 and division (G)(1)(c), (d), or (e) of section | 4504 |
4511.19 or division (C)(2)(b) of section 4511.193 of the Revised | 4505 |
Code and may impound the identification license plates of any | 4506 |
other motor vehicle registered in the name of the person whose | 4507 |
license is suspended. | 4508 |
(C)(1) When a person is convicted of or pleads guilty to a | 4509 |
violation of section 4510.14 of the Revised Code or a | 4510 |
substantially equivalent municipal ordinance and division (B)(1) | 4511 |
or (2) of section 4510.14 or division | 4512 |
4510.161 of the Revised Code applies, the trial judge of the court | 4513 |
of record or the mayor of the mayor's court that imposes sentence | 4514 |
shall order the immobilization of the vehicle the person was | 4515 |
operating at the time of the offense and the impoundment of its | 4516 |
identification license plates in accordance with section 4503.233 | 4517 |
and division (B)(1) or (2) of section 4510.14 or division | 4518 |
4519 | |
impound the identification license plates of any other vehicle | 4520 |
registered in the name of that person. | 4521 |
(2) When a person is convicted of or pleads guilty to a | 4522 |
violation of section 4510.14 of the Revised Code or a | 4523 |
substantially equivalent municipal ordinance and division (B)(3) | 4524 |
of section 4510.14 or division | 4525 |
the Revised Code applies, the trial judge of the court of record | 4526 |
that imposes sentence shall order the criminal forfeiture to the | 4527 |
state of the vehicle the person was operating at the time of the | 4528 |
offense in accordance with section 4503.234 and division (B)(3) of | 4529 |
section 4510.14 or division | 4530 |
Revised Code and may impound the identification license plates of | 4531 |
any other vehicle registered in the name of that person. | 4532 |
(D) | 4533 |
4534 | |
4535 | |
4536 | |
4537 | |
4538 | |
4539 | |
4540 | |
4541 | |
4542 | |
4543 | |
4544 |
| 4545 |
violation of section 4511.203 of the Revised Code and the person | 4546 |
is sentenced pursuant to division (C)(3)(a) or (b) of section | 4547 |
4511.203 of the Revised Code, the trial judge of the court of | 4548 |
record or the mayor of the mayor's court that imposes sentence | 4549 |
shall order the immobilization of the vehicle that was involved in | 4550 |
the commission of the offense and the impoundment of its | 4551 |
identification license plates in accordance with division | 4552 |
(C)(3)(a) or (b) of section 4511.203 and section 4503.233 of the | 4553 |
Revised Code and may impound the identification license plates of | 4554 |
any other vehicle registered in the name of that person. | 4555 |
(2) When a person is convicted of or pleads guilty to a | 4556 |
violation of section 4511.203 of the Revised Code and the person | 4557 |
is sentenced pursuant to division (C)(3)(c) of section 4511.203 of | 4558 |
the Revised Code, the trial judge of the court of record or the | 4559 |
mayor of the mayor's court that imposes sentence shall order the | 4560 |
criminal forfeiture to the state of the vehicle that was involved | 4561 |
in the commission of the offense in accordance with division | 4562 |
(C)(3)(c) of section 4511.203 and section 4503.234 of the Revised | 4563 |
Code and may impound the identification license plates of any | 4564 |
other vehicle registered in the name of that person. | 4565 |
| 4566 |
the Revised Code, when the certificate of registration, the | 4567 |
identification license plates, or both have been impounded, | 4568 |
division (B) of section 4507.02 of the Revised Code is applicable. | 4569 |
| 4570 |
the same meaning as in section 4511.181 of the Revised Code. | 4571 |
Sec. 4509.06. (A) The driver of any motor vehicle which is | 4572 |
in any manner involved in a motor vehicle accident within six | 4573 |
months of the accident may forward a written report of the | 4574 |
accident to the registrar of motor vehicles on a form prescribed | 4575 |
by the registrar alleging that a driver or owner of any other | 4576 |
vehicle involved in the accident was uninsured at the time of the | 4577 |
accident. | 4578 |
(B) Upon receipt of the accident report, the registrar shall | 4579 |
send a notice by regular mail to the driver and owner alleged to | 4580 |
be uninsured requiring the person to give evidence that the person | 4581 |
had proof of financial responsibility in effect at the time of the | 4582 |
accident. | 4583 |
(C) Within thirty days after the mailing of the notice by the | 4584 |
registrar, the driver of the vehicle alleged to be uninsured shall | 4585 |
forward a report together with acceptable proof of financial | 4586 |
responsibility to the registrar in a form prescribed by the | 4587 |
registrar. The forwarding of the report by the owner of the motor | 4588 |
vehicle involved in the accident is deemed compliance with this | 4589 |
section by the driver. This section does not change or modify the | 4590 |
duties of the driver or operator of a motor vehicle as set forth | 4591 |
in section 4549.02 of the Revised Code. | 4592 |
| 4593 |
4594 | |
4595 | |
4596 |
Sec. 4509.101. (A)(1) No person shall operate, or permit the | 4597 |
operation of, a motor vehicle in this state, unless proof of | 4598 |
financial responsibility is maintained continuously throughout the | 4599 |
registration period with respect to that vehicle, or, in the case | 4600 |
of a driver who is not the owner, with respect to that driver's | 4601 |
operation of that vehicle. | 4602 |
(2) Whoever violates division (A)(1) of this section shall be | 4603 |
subject to the following civil penalties: | 4604 |
(a) Subject to divisions (A)(2)(b) and (c) of this section, a | 4605 |
class | 4606 |
commercial driver's license, temporary instruction permit, | 4607 |
probationary license, or nonresident operating privilege for the | 4608 |
period of time specified in division (B) | 4609 |
of the Revised Code and impoundment of the person's license. | 4610 |
4611 | |
4612 | |
4613 |
(b) If, within five years of the violation, the person's | 4614 |
operating privileges are again suspended and the person's license | 4615 |
again is impounded for a violation of division (A)(1) of this | 4616 |
section, a class C suspension of the person's driver's license, | 4617 |
commercial driver's license, temporary instruction permit, | 4618 |
probationary license, or nonresident operating privilege for the | 4619 |
period of time specified in division (B)(3) of section 4510.02 of | 4620 |
the Revised Code. The court may grant limited driving privileges | 4621 |
to the person only if the person presents proof of financial | 4622 |
responsibility and has complied with division (A)(5) of this | 4623 |
section, and no court may grant limited driving privileges for the | 4624 |
first fifteen days of the suspension. | 4625 |
(c) If, within five years of the violation, the person's | 4626 |
operating privileges are suspended and the person's license is | 4627 |
impounded two or more times for a violation of division (A)(1) of | 4628 |
this section, a class B suspension of the person's driver's | 4629 |
license, commercial driver's license, temporary instruction | 4630 |
permit, probationary license, or nonresident operating privilege | 4631 |
for the period of time specified in division (B)(2) of section | 4632 |
4510.02 of the Revised Code. | 4633 |
driving privileges to the person only if the person presents proof | 4634 |
of financial responsibility and has complied with division (A)(5) | 4635 |
of this section, except that no court may grant limited driving | 4636 |
privileges | 4637 |
(d) In addition to the suspension of an owner's license under | 4638 |
division (A)(2)(a), (b), or (c) of this section, the suspension of | 4639 |
the rights of the owner to register the motor vehicle and the | 4640 |
impoundment of the owner's certificate of registration and license | 4641 |
plates until the owner complies with division (A)(5) of this | 4642 |
section. | 4643 |
(3) A person to whom this state has issued a certificate of | 4644 |
registration for a motor vehicle or a license to operate a motor | 4645 |
vehicle or who is determined to have operated any motor vehicle or | 4646 |
permitted the operation in this state of a motor vehicle owned by | 4647 |
the person shall be required to verify the existence of proof of | 4648 |
financial responsibility covering the operation of the motor | 4649 |
vehicle or the person's operation of the motor vehicle under any | 4650 |
of the following circumstances: | 4651 |
(a) The person or a motor vehicle owned by the person is | 4652 |
involved in a traffic accident that requires the filing of an | 4653 |
accident report under section 4509.06 of the Revised Code. | 4654 |
(b) The person receives a traffic ticket indicating that | 4655 |
proof of the maintenance of financial responsibility was not | 4656 |
produced upon the request of a peace officer or state highway | 4657 |
patrol trooper made in accordance with division (D)(2) of this | 4658 |
section. | 4659 |
(c) Whenever, in accordance with rules adopted by the | 4660 |
registrar, the person is randomly selected by the registrar and | 4661 |
requested to provide such verification. | 4662 |
(4) An order of the registrar that suspends and impounds a | 4663 |
license or registration, or both, shall state the date on or | 4664 |
before which the person is required to surrender the person's | 4665 |
license or certificate of registration and license plates. The | 4666 |
person is deemed to have surrendered the license or certificate of | 4667 |
registration and license plates, in compliance with the order, if | 4668 |
the person does either of the following: | 4669 |
(a) On or before the date specified in the order, personally | 4670 |
delivers the license or certificate of registration and license | 4671 |
plates, or causes the delivery of the items, to the registrar; | 4672 |
(b) Mails the license or certificate of registration and | 4673 |
license plates to the registrar in an envelope or container | 4674 |
bearing a postmark showing a date no later than the date specified | 4675 |
in the order. | 4676 |
(5) Except as provided in division (A)(6) or (L) of this | 4677 |
section, the registrar shall not restore any operating privileges | 4678 |
or registration rights suspended under this section, return any | 4679 |
license, certificate of registration, or license plates impounded | 4680 |
under this section, or reissue license plates under section | 4681 |
4503.232 of the Revised Code, if the registrar destroyed the | 4682 |
impounded license plates under that section, or reissue a license | 4683 |
under section 4510.52 of the Revised Code, if the registrar | 4684 |
destroyed the suspended license under that section, unless the | 4685 |
rights are not subject to suspension or revocation under any other | 4686 |
law and unless the person, in addition to complying with all other | 4687 |
conditions required by law for reinstatement of the operating | 4688 |
privileges or registration rights, complies with all of the | 4689 |
following: | 4690 |
(a) Pays to the registrar or an eligible deputy registrar a | 4691 |
financial responsibility reinstatement fee of one hundred dollars | 4692 |
for the first violation of division (A)(1) of this section, three | 4693 |
hundred dollars for a second violation of that division, and six | 4694 |
hundred dollars for a third or subsequent violation of that | 4695 |
division; | 4696 |
(b) If the person has not voluntarily surrendered the | 4697 |
license, certificate, or license plates in compliance with the | 4698 |
order, pays to the registrar or an eligible deputy registrar a | 4699 |
financial responsibility nonvoluntary compliance fee in an amount, | 4700 |
not to exceed fifty dollars, determined by the registrar; | 4701 |
(c) Files and continuously maintains proof of financial | 4702 |
responsibility under sections 4509.44 to 4509.65 of the Revised | 4703 |
Code; | 4704 |
(d) Pays a deputy registrar a service fee of ten dollars to | 4705 |
compensate the deputy registrar for services performed under this | 4706 |
section. The deputy registrar shall retain eight dollars of the | 4707 |
service fee and shall transmit the reinstatement fee, any | 4708 |
nonvoluntary compliance fee, and two dollars of the service fee to | 4709 |
the registrar in the manner the registrar shall determine. | 4710 |
(6) If the registrar issues an order under division (A)(2) of | 4711 |
this section resulting from the failure of a person to respond to | 4712 |
a financial responsibility random verification request under | 4713 |
division (A)(3)(c) of this section and the person successfully | 4714 |
maintains an affirmative defense to a violation of section 4510.16 | 4715 |
of the Revised Code or is determined by the registrar or a deputy | 4716 |
registrar to have been in compliance with division (A)(1) of this | 4717 |
section at the time of the initial financial responsibility random | 4718 |
verification request, the registrar shall do both of the | 4719 |
following: | 4720 |
(a) Terminate the order of suspension or impoundment; | 4721 |
(b) Restore the operating privileges and registration rights | 4722 |
of the person without payment of the fees established in divisions | 4723 |
(A)(5)(a) and (b) of this section and without a requirement to | 4724 |
file proof of financial responsibility. | 4725 |
(B)(1) Every party required to file an accident report under | 4726 |
section 4509.06 of the Revised Code also shall include with the | 4727 |
report a document described in division (G)(1) of this section. | 4728 |
If the registrar determines, within forty-five days after the | 4729 |
report is filed, that an operator or owner has violated division | 4730 |
(A)(1) of this section, the registrar shall do all of the | 4731 |
following: | 4732 |
(a) Order the impoundment, with respect to the motor vehicle | 4733 |
involved, required under division (A)(2)(d) of this section, of | 4734 |
the certificate of registration and license plates of any owner | 4735 |
who has violated division (A)(1) of this section; | 4736 |
(b) Order the suspension required under division (A)(2)(a), | 4737 |
(b), or (c) of this section of the license of any operator or | 4738 |
owner who has violated division (A)(1) of this section; | 4739 |
(c) Record the name and address of the person whose | 4740 |
certificate of registration and license plates have been impounded | 4741 |
or are under an order of impoundment, or whose license has been | 4742 |
suspended or is under an order of suspension; the serial number of | 4743 |
the person's license; the serial numbers of the person's | 4744 |
certificate of registration and license plates; and the person's | 4745 |
social security account number, if assigned, or, where the motor | 4746 |
vehicle is used for hire or principally in connection with any | 4747 |
established business, the person's federal taxpayer identification | 4748 |
number. The information shall be recorded in such a manner that it | 4749 |
becomes a part of the person's permanent record, and assists the | 4750 |
registrar in monitoring compliance with the orders of suspension | 4751 |
or impoundment. | 4752 |
(d) Send written notification to every person to whom the | 4753 |
order pertains, at the person's last known address as shown on the | 4754 |
records of the bureau. The person, within ten days after the date | 4755 |
of the mailing of the notification, shall surrender to the | 4756 |
registrar, in a manner set forth in division (A)(4) of this | 4757 |
section, any certificate of registration and registration plates | 4758 |
under an order of impoundment, or any license under an order of | 4759 |
suspension. | 4760 |
(2) The registrar shall issue any order under division (B)(1) | 4761 |
of this section without a hearing. Any person adversely affected | 4762 |
by the order, within ten days after the issuance of the order, may | 4763 |
request an administrative hearing before the registrar, who shall | 4764 |
provide the person with an opportunity for a hearing in accordance | 4765 |
with this paragraph. A request for a hearing does not operate as a | 4766 |
suspension of the order. The scope of the hearing shall be limited | 4767 |
to whether the person in fact demonstrated to the registrar proof | 4768 |
of financial responsibility in accordance with this section. The | 4769 |
registrar shall determine the date, time, and place of any | 4770 |
hearing, provided that the hearing shall be held, and an order | 4771 |
issued or findings made, within thirty days after the registrar | 4772 |
receives a request for a hearing. If requested by the person in | 4773 |
writing, the registrar may designate as the place of hearing the | 4774 |
county seat of the county in which the person resides or a place | 4775 |
within fifty miles of the person's residence. The person shall pay | 4776 |
the cost of the hearing before the registrar, if the registrar's | 4777 |
order of suspension or impoundment is upheld. | 4778 |
(C) Any order of suspension or impoundment issued under this | 4779 |
section or division (B) of section 4509.37 of the Revised Code may | 4780 |
be terminated at any time if the registrar determines upon a | 4781 |
showing of proof of financial responsibility that the operator or | 4782 |
owner of the motor vehicle was in compliance with division (A)(1) | 4783 |
of this section at the time of the traffic offense, motor vehicle | 4784 |
inspection, or accident that resulted in the order against the | 4785 |
person. A determination may be made without a hearing. This | 4786 |
division does not apply unless the person shows good cause for the | 4787 |
person's failure to present satisfactory proof of financial | 4788 |
responsibility to the registrar prior to the issuance of the | 4789 |
order. | 4790 |
(D)(1) For the purpose of enforcing this section, every peace | 4791 |
officer is deemed an agent of the registrar. | 4792 |
(a) Except as provided in division (D)(1)(b) of this section, | 4793 |
any peace officer who, in the performance of the peace officer's | 4794 |
duties as authorized by law, becomes aware of a person whose | 4795 |
license is under an order of suspension, or whose certificate of | 4796 |
registration and license plates are under an order of impoundment, | 4797 |
pursuant to this section, may confiscate the license, certificate | 4798 |
of registration, and license plates, and return them to the | 4799 |
registrar. | 4800 |
(b) Any peace officer who, in the performance of the peace | 4801 |
officer's duties as authorized by law, becomes aware of a person | 4802 |
whose license is under an order of suspension, or whose | 4803 |
certificate of registration and license plates are under an order | 4804 |
of impoundment resulting from failure to respond to a financial | 4805 |
responsibility random verification, shall not, for that reason, | 4806 |
arrest the owner or operator or seize the vehicle or license | 4807 |
plates. Instead, the peace officer shall issue a citation for a | 4808 |
violation of section 4510.16 of the Revised Code specifying the | 4809 |
circumstances as failure to respond to a financial responsibility | 4810 |
random verification. | 4811 |
(2) A peace officer shall request the owner or operator of a | 4812 |
motor vehicle to produce proof of financial responsibility in a | 4813 |
manner described in division (G) of this section at the time the | 4814 |
peace officer acts to enforce the traffic laws of this state and | 4815 |
during motor vehicle inspections conducted pursuant to section | 4816 |
4513.02 of the Revised Code. | 4817 |
(3) A peace officer shall indicate on every traffic ticket | 4818 |
whether the person receiving the traffic ticket produced proof of | 4819 |
the maintenance of financial responsibility in response to the | 4820 |
officer's request under division (D)(2) of this section. The peace | 4821 |
officer shall inform every person who receives a traffic ticket | 4822 |
and who has failed to produce proof of the maintenance of | 4823 |
financial responsibility that the person must submit proof to the | 4824 |
traffic violations bureau with any payment of a fine and costs for | 4825 |
the ticketed violation or, if the person is to appear in court for | 4826 |
the violation, the person must submit proof to the court. | 4827 |
(4)(a) If a person who has failed to produce proof of the | 4828 |
maintenance of financial responsibility appears in court for a | 4829 |
ticketed violation, the court may permit the defendant to present | 4830 |
evidence of proof of financial responsibility to the court at such | 4831 |
time and in such manner as the court determines to be necessary or | 4832 |
appropriate. In a manner prescribed by the registrar, the clerk of | 4833 |
courts shall provide the registrar with the identity of any person | 4834 |
who fails to submit proof of the maintenance of financial | 4835 |
responsibility pursuant to division (D)(3) of this section. | 4836 |
(b) If a person who has failed to produce proof of the | 4837 |
maintenance of financial responsibility also fails to submit that | 4838 |
proof to the traffic violations bureau with payment of a fine and | 4839 |
costs for the ticketed violation, the traffic violations bureau, | 4840 |
in a manner prescribed by the registrar, shall notify the | 4841 |
registrar of the identity of that person. | 4842 |
(5)(a) Upon receiving notice from a clerk of courts or | 4843 |
traffic violations bureau pursuant to division (D)(4) of this | 4844 |
section, the registrar shall order the suspension of the license | 4845 |
of the person required under division (A)(2)(a), (b), or (c) of | 4846 |
this section and the impoundment of the person's certificate of | 4847 |
registration and license plates required under division (A)(2)(d) | 4848 |
of this section, effective thirty days after the date of the | 4849 |
mailing of notification. The registrar also shall notify the | 4850 |
person that the person must present the registrar with proof of | 4851 |
financial responsibility in accordance with this section, | 4852 |
surrender to the registrar the person's certificate of | 4853 |
registration, license plates, and license, or submit a statement | 4854 |
subject to section 2921.13 of the Revised Code that the person did | 4855 |
not operate or permit the operation of the motor vehicle at the | 4856 |
time of the offense. Notification shall be in writing and shall be | 4857 |
sent to the person at the person's last known address as shown on | 4858 |
the records of the bureau of motor vehicles. The person, within | 4859 |
fifteen days after the date of the mailing of notification, shall | 4860 |
present proof of financial responsibility, surrender the | 4861 |
certificate of registration, license plates, and license to the | 4862 |
registrar in a manner set forth in division (A)(4) of this | 4863 |
section, or submit the statement required under this section | 4864 |
together with other information the person considers appropriate. | 4865 |
If the registrar does not receive proof or the person does | 4866 |
not surrender the certificate of registration, license plates, and | 4867 |
license, in accordance with this division, the registrar shall | 4868 |
permit the order for the suspension of the license of the person | 4869 |
and the impoundment of the person's certificate of registration | 4870 |
and license plates to take effect. | 4871 |
(b) In the case of a person who presents, within the | 4872 |
fifteen-day period, documents to show proof of financial | 4873 |
responsibility, the registrar shall terminate the order of | 4874 |
suspension and the impoundment of the registration and license | 4875 |
plates required under division (A)(2)(d) of this section and shall | 4876 |
send written notification to the person, at the person's last | 4877 |
known address as shown on the records of the bureau. | 4878 |
(c) Any person adversely affected by the order of the | 4879 |
registrar under division (D)(5)(a) or (b) of this section, within | 4880 |
ten days after the issuance of the order, may request an | 4881 |
administrative hearing before the registrar, who shall provide the | 4882 |
person with an opportunity for a hearing in accordance with this | 4883 |
paragraph. A request for a hearing does not operate as a | 4884 |
suspension of the order. The scope of the hearing shall be limited | 4885 |
to whether, at the time of the hearing, the person presents proof | 4886 |
of financial responsibility covering the vehicle and whether the | 4887 |
person is eligible for an exemption in accordance with this | 4888 |
section or any rule adopted under it. The registrar shall | 4889 |
determine the date, time, and place of any hearing; provided, that | 4890 |
the hearing shall be held, and an order issued or findings made, | 4891 |
within thirty days after the registrar receives a request for a | 4892 |
hearing. If requested by the person in writing, the registrar may | 4893 |
designate as the place of hearing the county seat of the county in | 4894 |
which the person resides or a place within fifty miles of the | 4895 |
person's residence. Such person shall pay the cost of the hearing | 4896 |
before the registrar, if the registrar's order of suspension or | 4897 |
impoundment under division (D)(5)(a) or (b) of this section is | 4898 |
upheld. | 4899 |
(6) A peace officer may charge an owner or operator of a | 4900 |
motor vehicle with a violation of section 4510.16 of the Revised | 4901 |
Code when the owner or operator fails to show proof of the | 4902 |
maintenance of financial responsibility pursuant to a peace | 4903 |
officer's request under division (D)(2) of this section, if a | 4904 |
check of the owner or operator's driving record indicates that the | 4905 |
owner or operator, at the time of the operation of the motor | 4906 |
vehicle, is required to file and maintain proof of financial | 4907 |
responsibility under section 4509.45 of the Revised Code for a | 4908 |
previous violation of this chapter. | 4909 |
(7) Any forms used by law enforcement agencies in | 4910 |
administering this section shall be prescribed, supplied, and paid | 4911 |
for by the registrar. | 4912 |
(8) No peace officer, law enforcement agency employing a | 4913 |
peace officer, or political subdivision or governmental agency | 4914 |
that employs a peace officer shall be liable in a civil action for | 4915 |
damages or loss to persons arising out of the performance of any | 4916 |
duty required or authorized by this section. | 4917 |
(9) As used in this division and divisions (E) and (G) of | 4918 |
this section, "peace officer" has the meaning set forth in section | 4919 |
2935.01 of the Revised Code. | 4920 |
(E) All fees, except court costs, fees paid to a deputy | 4921 |
registrar, and those portions of the financial responsibility | 4922 |
reinstatement fees as otherwise specified in this division, | 4923 |
collected under this section shall be paid into the state treasury | 4924 |
to the credit of the financial responsibility compliance fund. The | 4925 |
financial responsibility compliance fund shall be used exclusively | 4926 |
to cover costs incurred by the bureau in the administration of | 4927 |
this section and sections 4503.20, 4507.212, and 4509.81 of the | 4928 |
Revised Code, and by any law enforcement agency employing any | 4929 |
peace officer who returns any license, certificate of | 4930 |
registration, and license plates to the registrar pursuant to | 4931 |
division (C) of this section, except that the director of budget | 4932 |
and management may transfer excess money from the financial | 4933 |
responsibility compliance fund to the state bureau of motor | 4934 |
vehicles fund if the registrar determines that the amount of money | 4935 |
in the financial responsibility compliance fund exceeds the amount | 4936 |
required to cover such costs incurred by the bureau or a law | 4937 |
enforcement agency and requests the director to make the transfer. | 4938 |
Of each financial responsibility reinstatement fee the | 4939 |
registrar collects pursuant to division (A)(5)(a) of this section | 4940 |
or receives from a deputy registrar under division (A)(5)(d) of | 4941 |
this section, the registrar shall deposit twenty-five dollars of | 4942 |
each one-hundred-dollar reinstatement fee, fifty dollars of each | 4943 |
three-hundred-dollar reinstatement fee, and one hundred dollars of | 4944 |
each six-hundred-dollar reinstatement fee into the state treasury | 4945 |
to the credit of the indigent defense support fund created by | 4946 |
section 120.08 of the Revised Code. | 4947 |
All investment earnings of the financial responsibility | 4948 |
compliance fund shall be credited to the fund. | 4949 |
(F) Chapter 119. of the Revised Code applies to this section | 4950 |
only to the extent that any provision in that chapter is not | 4951 |
clearly inconsistent with this section. | 4952 |
(G)(1) The registrar, court, traffic violations bureau, or | 4953 |
peace officer may require proof of financial responsibility to be | 4954 |
demonstrated by use of a standard form prescribed by the | 4955 |
registrar. If the use of a standard form is not required, a person | 4956 |
may demonstrate proof of financial responsibility under this | 4957 |
section by presenting to the traffic violations bureau, court, | 4958 |
registrar, or peace officer any of the following documents or a | 4959 |
copy of the documents: | 4960 |
(a) A financial responsibility identification card as | 4961 |
provided in section 4509.103 of the Revised Code; | 4962 |
(b) A certificate of proof of financial responsibility on a | 4963 |
form provided and approved by the registrar for the filing of an | 4964 |
accident report required to be filed under section 4509.06 of the | 4965 |
Revised Code; | 4966 |
(c) A policy of liability insurance, a declaration page of a | 4967 |
policy of liability insurance, or liability bond, if the policy or | 4968 |
bond complies with section 4509.20 or sections 4509.49 to 4509.61 | 4969 |
of the Revised Code; | 4970 |
(d) A bond or certification of the issuance of a bond as | 4971 |
provided in section 4509.59 of the Revised Code; | 4972 |
(e) A certificate of deposit of money or securities as | 4973 |
provided in section 4509.62 of the Revised Code; | 4974 |
(f) A certificate of self-insurance as provided in section | 4975 |
4509.72 of the Revised Code. | 4976 |
(2) If a person fails to demonstrate proof of financial | 4977 |
responsibility in a manner described in division (G)(1) of this | 4978 |
section, the person may demonstrate proof of financial | 4979 |
responsibility under this section by any other method that the | 4980 |
court or the bureau, by reason of circumstances in a particular | 4981 |
case, may consider appropriate. | 4982 |
(3) A motor carrier certificated by the interstate commerce | 4983 |
commission or by the public utilities commission may demonstrate | 4984 |
proof of financial responsibility by providing a statement | 4985 |
designating the motor carrier's operating authority and averring | 4986 |
that the insurance coverage required by the certificating | 4987 |
authority is in full force and effect. | 4988 |
(4)(a) A finding by the registrar or court that a person is | 4989 |
covered by proof of financial responsibility in the form of an | 4990 |
insurance policy or surety bond is not binding upon the named | 4991 |
insurer or surety or any of its officers, employees, agents, or | 4992 |
representatives and has no legal effect except for the purpose of | 4993 |
administering this section. | 4994 |
(b) The preparation and delivery of a financial | 4995 |
responsibility identification card or any other document | 4996 |
authorized to be used as proof of financial responsibility under | 4997 |
this division does not do any of the following: | 4998 |
(i) Create any liability or estoppel against an insurer or | 4999 |
surety, or any of its officers, employees, agents, or | 5000 |
representatives; | 5001 |
(ii) Constitute an admission of the existence of, or of any | 5002 |
liability or coverage under, any policy or bond; | 5003 |
(iii) Waive any defenses or counterclaims available to an | 5004 |
insurer, surety, agent, employee, or representative in an action | 5005 |
commenced by an insured or third-party claimant upon a cause of | 5006 |
action alleged to have arisen under an insurance policy or surety | 5007 |
bond or by reason of the preparation and delivery of a document | 5008 |
for use as proof of financial responsibility. | 5009 |
(c) Whenever it is determined by a final judgment in a | 5010 |
judicial proceeding that an insurer or surety, which has been | 5011 |
named on a document accepted by a court or the registrar as proof | 5012 |
of financial responsibility covering the operation of a motor | 5013 |
vehicle at the time of an accident or offense, is not liable to | 5014 |
pay a judgment for injuries or damages resulting from such | 5015 |
operation, the registrar, notwithstanding any previous contrary | 5016 |
finding, shall forthwith suspend the operating privileges and | 5017 |
registration rights of the person against whom the judgment was | 5018 |
rendered as provided in division (A)(2) of this section. | 5019 |
(H) In order for any document described in division (G)(1)(b) | 5020 |
of this section to be used for the demonstration of proof of | 5021 |
financial responsibility under this section, the document shall | 5022 |
state the name of the insured or obligor, the name of the insurer | 5023 |
or surety company, and the effective and expiration dates of the | 5024 |
financial responsibility, and designate by explicit description or | 5025 |
by appropriate reference all motor vehicles covered which may | 5026 |
include a reference to fleet insurance coverage. | 5027 |
(I) For purposes of this section, "owner" does not include a | 5028 |
licensed motor vehicle leasing dealer as defined in section | 5029 |
4517.01 of the Revised Code, but does include a motor vehicle | 5030 |
renting dealer as defined in section 4549.65 of the Revised Code. | 5031 |
Nothing in this section or in section 4509.51 of the Revised Code | 5032 |
shall be construed to prohibit a motor vehicle renting dealer from | 5033 |
entering into a contractual agreement with a person whereby the | 5034 |
person renting the motor vehicle agrees to be solely responsible | 5035 |
for maintaining proof of financial responsibility, in accordance | 5036 |
with this section, with respect to the operation, maintenance, or | 5037 |
use of the motor vehicle during the period of the motor vehicle's | 5038 |
rental. | 5039 |
(J) The purpose of this section is to require the maintenance | 5040 |
of proof of financial responsibility with respect to the operation | 5041 |
of motor vehicles on the highways of this state, so as to minimize | 5042 |
those situations in which persons are not compensated for injuries | 5043 |
and damages sustained in motor vehicle accidents. The general | 5044 |
assembly finds that this section contains reasonable civil | 5045 |
penalties and procedures for achieving this purpose. | 5046 |
(K) Nothing in this section shall be construed to be subject | 5047 |
to section 4509.78 of the Revised Code. | 5048 |
(L)(1) The registrar may terminate any suspension imposed | 5049 |
under this section and not require the owner to comply with | 5050 |
divisions (A)(5)(a), (b), and (c) of this section if the registrar | 5051 |
with or without a hearing determines that the owner of the vehicle | 5052 |
has established by clear and convincing evidence that all of the | 5053 |
following apply: | 5054 |
(a) The owner customarily maintains proof of financial | 5055 |
responsibility. | 5056 |
(b) Proof of financial responsibility was not in effect for | 5057 |
the vehicle on the date in question for one of the following | 5058 |
reasons: | 5059 |
(i) The vehicle was inoperable. | 5060 |
(ii) The vehicle is operated only seasonally, and the date in | 5061 |
question was outside the season of operation. | 5062 |
(iii) A person other than the vehicle owner or driver was at | 5063 |
fault for the lapse of proof of financial responsibility through | 5064 |
no fault of the owner or driver. | 5065 |
(iv) The lapse of proof of financial responsibility was | 5066 |
caused by excusable neglect under circumstances that are not | 5067 |
likely to recur and do not suggest a purpose to evade the | 5068 |
requirements of this chapter. | 5069 |
(2) The registrar may grant an owner or driver relief for a | 5070 |
reason specified in division (L)(1)(b)(i) or (ii) of this section | 5071 |
whenever the owner or driver is randomly selected to verify the | 5072 |
existence of proof of financial responsibility for such a vehicle. | 5073 |
However, the registrar may grant an owner or driver relief for a | 5074 |
reason specified in division (L)(1)(b)(iii) or (iv) of this | 5075 |
section only if the owner or driver has not previously been | 5076 |
granted relief under division (L)(1)(b)(iii) or (iv) of this | 5077 |
section. | 5078 |
(M) The registrar shall adopt rules in accordance with | 5079 |
Chapter 119. of the Revised Code that are necessary to administer | 5080 |
and enforce this section. The rules shall include procedures for | 5081 |
the surrender of license plates upon failure to maintain proof of | 5082 |
financial responsibility and provisions relating to reinstatement | 5083 |
of registration rights, acceptable forms of proof of financial | 5084 |
responsibility, and verification of the existence of financial | 5085 |
responsibility during the period of registration. | 5086 |
Sec. 4510.10. (A) As used in this section, "reinstatement | 5087 |
fees" means the fees that are required under section 4507.1612, | 5088 |
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other | 5089 |
provision of the Revised Code, or under a schedule established by | 5090 |
the bureau of motor vehicles, in order to reinstate a driver's or | 5091 |
commercial driver's license or permit or nonresident operating | 5092 |
privilege of an offender under a suspension. | 5093 |
(B) Reinstatement fees are those fees that compensate the | 5094 |
bureau of motor vehicles for suspensions, cancellations, or | 5095 |
disqualifications of a person's driving privileges and to | 5096 |
compensate the bureau and other agencies in their administration | 5097 |
of programs intended to reduce and eliminate threats to public | 5098 |
safety through education, treatment, and other activities. The | 5099 |
registrar of motor vehicles shall not reinstate a driver's or | 5100 |
commercial driver's license or permit or nonresident operating | 5101 |
privilege of a person until the person has paid all reinstatement | 5102 |
fees and has complied with all conditions for each suspension, | 5103 |
cancellation, or disqualification incurred by that person. | 5104 |
(C) When a municipal court or county court determines in a | 5105 |
pending case involving an offender that the offender cannot | 5106 |
reasonably pay reinstatement fees due and owing by the offender | 5107 |
relative to one or more suspensions that have been or will be | 5108 |
imposed by the bureau of motor vehicles or by a court of this | 5109 |
state, the court, by order, may undertake an installment payment | 5110 |
plan or a payment extension plan for the payment of reinstatement | 5111 |
fees due and owing to the bureau in that pending case. The court | 5112 |
shall establish an installment payment plan or a payment extension | 5113 |
plan under this division in accordance with the requirements of | 5114 |
divisions (D)(1) and (2) of this section. | 5115 |
(D) Independent of the provisions of division (C) of this | 5116 |
section, an offender who cannot reasonably pay reinstatement fees | 5117 |
due and owing by the offender relative to a suspension that has | 5118 |
been imposed on the offender may file a petition in the municipal | 5119 |
court, county court, or, if the person is under the age of | 5120 |
eighteen, the juvenile division of the court of common pleas in | 5121 |
whose jurisdiction the person resides or, if the person is not a | 5122 |
resident of this state, in the Franklin county municipal court or | 5123 |
juvenile division of the Franklin county court of common pleas for | 5124 |
an order that does either of the following, in order of | 5125 |
preference: | 5126 |
(1) Establishes a reasonable payment plan of not less than | 5127 |
fifty dollars per month, to be paid by the offender to the | 5128 |
registrar of motor vehicles or an eligible deputy registrar, in | 5129 |
all succeeding months until all reinstatement fees required of the | 5130 |
offender are paid in full. If the person is making payments to a | 5131 |
deputy registrar, the deputy registrar shall collect a service fee | 5132 |
of ten dollars each time the deputy registrar collects a payment | 5133 |
to compensate the deputy registrar for services performed under | 5134 |
this section. The deputy registrar shall retain eight dollars of | 5135 |
the service fee and shall transmit the reinstatement payments, | 5136 |
plus two dollars of each service fee, to the registrar in the | 5137 |
manner the registrar shall determine. | 5138 |
(2) If the offender, but for the payment of the reinstatement | 5139 |
fees, otherwise would be entitled to operate a vehicle in this | 5140 |
state or to obtain reinstatement of the offender's operating | 5141 |
privileges, permits the offender to operate a motor vehicle, as | 5142 |
authorized by the court, until a future date upon which date all | 5143 |
reinstatement fees must be paid in full. A payment extension | 5144 |
granted under this division shall not exceed one hundred eighty | 5145 |
days, and any operating privileges granted under this division | 5146 |
shall be solely for the purpose of permitting the offender | 5147 |
occupational or "family necessity" privileges in order to enable | 5148 |
the offender to reasonably acquire the delinquent reinstatement | 5149 |
fees due and owing. | 5150 |
(E) If a municipal court, county court, or juvenile division | 5151 |
enters an order of the type described in division (C) or division | 5152 |
(D)(1) or (2) of this section, the court, at any time after the | 5153 |
issuance of the order, may determine that a change of | 5154 |
circumstances has occurred and may amend the order as justice | 5155 |
requires, provided that the amended order also shall be an order | 5156 |
that is permitted under division (C) or division (D)(1) or (2) of | 5157 |
this section. | 5158 |
(F) If a court enters an order of the type described in | 5159 |
division (C), (D)(1), (D)(2), or (E) of this section, during the | 5160 |
pendency of the order, the offender in relation to whom it applies | 5161 |
is not subject to prosecution for failing to pay the reinstatement | 5162 |
fees covered by the order. | 5163 |
(G) In addition to divisions (A) to (F) of this section, the | 5164 |
registrar, with the approval of the director of public safety and | 5165 |
in accordance with Chapter 119. of the Revised Code, may adopt | 5166 |
rules that permit a person to pay reinstatement fees in | 5167 |
installments in accordance with this division. The rules may | 5168 |
contain any of the following provisions: | 5169 |
(1) A schedule establishing a minimum monthly payment amount; | 5170 |
(2) If the person otherwise would have valid driving | 5171 |
privileges but for the payment of the reinstatement fees, the | 5172 |
registrar may record the person's driving privileges as "valid" so | 5173 |
long as the person's installments are current. | 5174 |
(3) If the person's installments are not current, the | 5175 |
registrar may record the person's driving privileges as | 5176 |
"suspended" or "failure to reinstate," as appropriate. | 5177 |
(4) Any other provision the registrar reasonably may | 5178 |
prescribe. | 5179 |
(H) Reinstatement fees are debts that may be discharged in | 5180 |
bankruptcy. | 5181 |
Sec. 4510.11. (A) Except as provided in division (B) of this | 5182 |
section and in sections 4510.111 and 4510.16 of the Revised Code, | 5183 |
no person whose driver's or commercial driver's license or permit | 5184 |
or nonresident operating privilege has been suspended under any | 5185 |
provision of the Revised Code, other than Chapter 4509. of the | 5186 |
Revised Code, or under any applicable law in any other | 5187 |
jurisdiction in which the person's license or permit was issued, | 5188 |
shall operate any motor vehicle upon the public roads and highways | 5189 |
or upon any public or private property used by the public for | 5190 |
purposes of vehicular travel or parking within this state during | 5191 |
the period of suspension unless the person is granted limited | 5192 |
driving privileges and is operating the vehicle in accordance with | 5193 |
the terms of the limited driving privileges. | 5194 |
(B) No person shall operate any motor vehicle upon a highway | 5195 |
or any public or private property used by the public for purposes | 5196 |
of vehicular travel or parking in this state in violation of any | 5197 |
restriction of the person's driver's or commercial driver's | 5198 |
license or permit imposed under division (D) of section 4506.10 or | 5199 |
under section 4507.14 of the Revised Code. | 5200 |
(C) Upon the request or motion of the prosecuting authority, | 5201 |
a noncertified copy of the law enforcement automated data system | 5202 |
report or a noncertified copy of a record of the registrar of | 5203 |
motor vehicles that shows the name, date of birth, and social | 5204 |
security number of a person charged with a violation of division | 5205 |
(A) or (B) of this section may be admitted into evidence as | 5206 |
prima-facie evidence that the license of the person was under | 5207 |
suspension at the time of the alleged violation of division (A) of | 5208 |
this section or the person operated a motor vehicle in violation | 5209 |
of a restriction at the time of the alleged violation of division | 5210 |
(B) of this section. The person charged with a violation of | 5211 |
division (A) or (B) of this section may offer evidence to rebut | 5212 |
this prima-facie evidence. | 5213 |
(D)(1) Whoever violates division (A) or (B) of this section | 5214 |
is guilty of a misdemeanor of the first degree. The court may | 5215 |
impose upon the offender a class seven suspension of the | 5216 |
offender's driver's license, commercial driver's license, | 5217 |
temporary instruction permit, probationary license, or nonresident | 5218 |
operating privilege from the range specified in division (A)(7) of | 5219 |
section 4510.02 of the Revised Code. | 5220 |
(2)(a) Except as provided in division (D)(2)(b) or (c) of | 5221 |
this section, the court, in addition to any other penalty that it | 5222 |
imposes on the offender and if the vehicle is registered in the | 5223 |
offender's name and if, within three years of the offense, the | 5224 |
offender previously has been convicted of or pleaded guilty to one | 5225 |
violation of this section or section 4510.111 or 4510.16 of the | 5226 |
Revised Code, or a substantially equivalent municipal ordinance, | 5227 |
the court, in addition to or independent of any other sentence | 5228 |
that it imposes upon the offender, may order the immobilization of | 5229 |
the vehicle involved in the offense for thirty days and the | 5230 |
impoundment of that vehicle's license plates for thirty days in | 5231 |
accordance with section 4503.233 of the Revised Code. | 5232 |
(b) If the vehicle is registered in the offender's name and | 5233 |
if, within three years of the offense, the offender previously has | 5234 |
been convicted of or pleaded guilty to two violations of this | 5235 |
section, or any combination of two violations of this section or | 5236 |
section 4510.111 or 4510.16 of the Revised Code, or of a | 5237 |
substantially similar municipal ordinance, the court, in addition | 5238 |
to any other sentence that it imposes on the offender, may order | 5239 |
the immobilization of the vehicle involved in the offense for | 5240 |
sixty days and the impoundment of that vehicle's license plates | 5241 |
for sixty days in accordance with section 4503.233 of the Revised | 5242 |
Code. | 5243 |
(c) If the vehicle is registered in the offender's name and | 5244 |
if, within three years of the offense, the offender previously has | 5245 |
been convicted of or pleaded guilty to three or more violations of | 5246 |
this section, or any combination of three or more violations of | 5247 |
this section or section 4510.111 or 4510.16 of the Revised Code, | 5248 |
or of a substantially similar municipal ordinance, the court, in | 5249 |
addition to any other sentence that it imposes on the offender, | 5250 |
may order the criminal forfeiture of the vehicle involved in the | 5251 |
offense to the state. | 5252 |
(E) Any order for immobilization and impoundment under this | 5253 |
section shall be issued and enforced under sections 4503.233 and | 5254 |
4507.02 of the Revised Code, as applicable. The court shall not | 5255 |
release a vehicle from immobilization ordered under this section | 5256 |
unless the court is presented with current proof of financial | 5257 |
responsibility with respect to that vehicle. | 5258 |
(F) Any order of criminal forfeiture under this section shall | 5259 |
be issued and enforced under section 4503.234 of the Revised Code. | 5260 |
Upon receipt of the copy of the order from the court, neither the | 5261 |
registrar of motor vehicles nor a deputy registrar shall accept | 5262 |
any application for the registration or transfer of registration | 5263 |
of any motor vehicle owned or leased by the person named in the | 5264 |
declaration of forfeiture. The period of registration denial shall | 5265 |
be five years after the date of the order, unless, during that | 5266 |
period, the court having jurisdiction of the offense that led to | 5267 |
the order terminates the forfeiture and notifies the registrar of | 5268 |
the termination. The registrar then shall take necessary measures | 5269 |
to permit the person to register a vehicle owned or leased by the | 5270 |
person or to transfer registration of the vehicle. | 5271 |
(G) The offender shall provide the court with proof of | 5272 |
financial responsibility as defined in section 4509.01 of the | 5273 |
Revised Code. If the offender fails to provide that proof of | 5274 |
financial responsibility, then, in addition to any other penalties | 5275 |
provided by law, the court may order restitution pursuant to | 5276 |
section 2929.28 of the Revised Code in an amount not exceeding | 5277 |
five thousand dollars for any economic loss arising from an | 5278 |
accident or collision that was the direct and proximate result of | 5279 |
the offender's operation of the vehicle before, during, or after | 5280 |
committing the offense for which the offender is sentenced under | 5281 |
this section. | 5282 |
Sec. 4510.111. (A) No person shall operate any motor vehicle | 5283 |
upon a highway or any public or private property used by the | 5284 |
public for purposes of vehicular travel or parking in this state | 5285 |
whose driver's or commercial driver's license has been suspended | 5286 |
pursuant to section 2151.354, 2151.87, 2935.27, 3123.58, 4301.99, | 5287 |
4510.032, 4510.22, or 4510.33 of the Revised Code | 5288 |
5289 |
(B) | 5290 |
5291 | |
5292 | |
5293 | |
5294 | |
5295 |
| 5296 |
a noncertified copy of the law enforcement automated data system | 5297 |
report or a noncertified copy of a record of the registrar of | 5298 |
motor vehicles that shows the name, date of birth, and social | 5299 |
security number of a person charged with a violation of division | 5300 |
(A) | 5301 |
prima-facie evidence that the license of the person was under | 5302 |
suspension at the time of the alleged violation of division (A) | 5303 |
5304 | |
division (A) | 5305 |
this prima-facie evidence. | 5306 |
| 5307 |
is guilty of driving under suspension, and shall be punished as | 5308 |
provided in division (D) of this section. | 5309 |
(1) Except as otherwise provided in division (D)(2) of this | 5310 |
section, the offense is an unclassified misdemeanor. The offender | 5311 |
shall be sentenced pursuant to sections 2929.21 to 2929.28 of the | 5312 |
Revised Code, except that the offender shall not be sentenced to a | 5313 |
jail term; the offender shall not be sentenced to a community | 5314 |
residential sanction pursuant to section 2929.26 of the Revised | 5315 |
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the | 5316 |
Revised Code, the offender may be fined up to one thousand | 5317 |
dollars; and, notwithstanding division (A)(3) of section 2929.27 | 5318 |
of the Revised Code, the offender may be ordered pursuant to | 5319 |
division (C) of that section to serve a term of community service | 5320 |
of up to five hundred hours. The failure of an offender to | 5321 |
complete a term of community service imposed by the court may be | 5322 |
punished as indirect criminal contempt under division (A) of | 5323 |
section 2705.02 of the Revised Code that may be filed in the | 5324 |
underlying case. | 5325 |
(2) If, within three years of the offense, the offender | 5326 |
previously was convicted of or pleaded guilty to two or more | 5327 |
violations of division (A) | 5328 |
combination of two or more violations of division (A) | 5329 |
this section or section 4510.11 or 4510.16 of the Revised Code, or | 5330 |
a substantially equivalent municipal ordinance, the offense is a | 5331 |
misdemeanor of the | 5332 |
5333 | |
5334 | |
5335 | |
5336 | |
5337 | |
5338 | |
5339 | |
5340 | |
5341 | |
5342 |
| 5343 |
5344 | |
5345 | |
5346 | |
5347 |
| 5348 |
5349 | |
5350 | |
5351 | |
5352 | |
5353 | |
5354 | |
5355 | |
5356 | |
5357 | |
5358 |
| 5359 |
5360 | |
5361 | |
5362 | |
5363 | |
5364 | |
5365 | |
5366 | |
5367 | |
5368 | |
5369 | |
5370 |
| 5371 |
5372 | |
5373 | |
5374 | |
5375 | |
5376 | |
5377 | |
5378 | |
5379 |
| 5380 |
5381 | |
5382 | |
5383 | |
5384 | |
5385 |
| 5386 |
5387 | |
5388 | |
5389 | |
5390 | |
5391 | |
5392 | |
5393 | |
5394 | |
5395 | |
5396 | |
5397 | |
5398 |
Sec. 4510.16. (A) No person, whose driver's or commercial | 5399 |
driver's license or temporary instruction permit or nonresident's | 5400 |
operating privilege has been suspended or canceled pursuant to | 5401 |
Chapter 4509. of the Revised Code, shall operate any motor vehicle | 5402 |
within this state, or knowingly permit any motor vehicle owned by | 5403 |
the person to be operated by another person in the state, during | 5404 |
the period of the suspension or cancellation, except as | 5405 |
specifically authorized by Chapter 4509. of the Revised Code. No | 5406 |
person shall operate a motor vehicle within this state, or | 5407 |
knowingly permit any motor vehicle owned by the person to be | 5408 |
operated by another person in the state, during the period in | 5409 |
which the person is required by section 4509.45 of the Revised | 5410 |
Code to file and maintain proof of financial responsibility for a | 5411 |
violation of section 4509.101 of the Revised Code, unless proof of | 5412 |
financial responsibility is maintained with respect to that | 5413 |
vehicle. | 5414 |
(B) No person shall operate any motor vehicle upon a highway | 5415 |
or any public or private property used by the public for purposes | 5416 |
of vehicular travel or parking in this state if the person's | 5417 |
driver's or commercial driver's license or temporary instruction | 5418 |
permit or nonresident operating privilege has been suspended | 5419 |
pursuant to section 4509.37 or 4509.40 of the Revised Code for | 5420 |
nonpayment of a judgment. | 5421 |
(C) Upon the request or motion of the prosecuting authority, | 5422 |
a noncertified copy of the law enforcement automated data system | 5423 |
report or a noncertified copy of a record of the registrar of | 5424 |
motor vehicles that shows the name, date of birth, and social | 5425 |
security number of a person charged with a violation of division | 5426 |
(A) or (B) of this section may be admitted into evidence as | 5427 |
prima-facie evidence that the license of the person was under | 5428 |
either a financial responsibility law suspension at the time of | 5429 |
the alleged violation of division (A) of this section or a | 5430 |
nonpayment of judgment suspension at the time of the alleged | 5431 |
violation of division (B) of this section. The person charged with | 5432 |
a violation of division (A) or (B) of this section may offer | 5433 |
evidence to rebut this prima-facie evidence. | 5434 |
(D) Whoever violates division (A) of this section is guilty | 5435 |
of driving under financial responsibility law suspension or | 5436 |
cancellation and shall be punished as provided in divisions (D) to | 5437 |
(I) of this section. Whoever violates division (B) of this section | 5438 |
is guilty of driving under a nonpayment of judgment suspension and | 5439 |
shall be punished as provided in divisions (D) to (I) of this | 5440 |
section. | 5441 |
(1) Except as otherwise provided in division (D)(2) of this | 5442 |
section, the offense is an unclassified misdemeanor. When the | 5443 |
offense is an unclassified misdemeanor, the offender shall be | 5444 |
sentenced pursuant to sections 2929.21 to 2929.28 of the Revised | 5445 |
Code, except that the offender shall not be sentenced to a jail | 5446 |
term; the offender shall not be sentenced to a community | 5447 |
residential sanction pursuant to section 2929.26 of the Revised | 5448 |
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the | 5449 |
Revised Code, the offender may be fined up to one thousand | 5450 |
dollars; and, notwithstanding division (A)(3) of section 2929.27 | 5451 |
of the Revised Code, the offender may be ordered pursuant to | 5452 |
division (C) of that section to serve a term of community service | 5453 |
of up to five hundred hours. The failure of an offender to | 5454 |
complete a term of community service imposed by the court may be | 5455 |
punished as indirect criminal contempt under division (A) of | 5456 |
section 2705.02 of the Revised Code that may be filed in the | 5457 |
underlying case. | 5458 |
(2) If, within three years of the offense, the offender | 5459 |
previously was convicted of or pleaded guilty to two or more | 5460 |
violations of this section, or any combination of two violations | 5461 |
of this section or section 4510.11 or 4510.111 of the Revised | 5462 |
Code, or a substantially equivalent municipal ordinance, the | 5463 |
offense is a misdemeanor of the | 5464 |
| 5465 |
5466 | |
5467 | |
5468 | |
5469 | |
5470 | |
5471 | |
5472 | |
5473 | |
5474 | |
5475 |
| 5476 |
5477 | |
5478 | |
5479 |
| 5480 |
5481 | |
5482 | |
5483 | |
5484 | |
5485 | |
5486 | |
5487 | |
5488 | |
5489 | |
5490 |
| 5491 |
5492 | |
5493 | |
5494 | |
5495 | |
5496 | |
5497 | |
5498 | |
5499 | |
5500 | |
5501 | |
5502 |
| 5503 |
5504 | |
5505 | |
5506 | |
5507 | |
5508 | |
5509 | |
5510 | |
5511 | |
5512 | |
5513 | |
5514 | |
5515 | |
5516 | |
5517 | |
5518 | |
5519 | |
5520 |
| 5521 |
5522 | |
5523 | |
5524 | |
5525 | |
5526 |
| 5527 |
5528 | |
5529 | |
5530 | |
5531 | |
5532 | |
5533 | |
5534 | |
5535 | |
5536 | |
5537 | |
5538 | |
5539 |
Sec. 4510.161. (A) The requirements and sanctions imposed by | 5540 |
divisions (B) and (C) of this section are an adjunct to and derive | 5541 |
from the state's exclusive authority over the registration and | 5542 |
titling of motor vehicles and do not comprise a part of the | 5543 |
criminal sentence to be imposed upon a person who violates a | 5544 |
municipal ordinance that is substantially equivalent to section | 5545 |
4510.14 | 5546 |
(B) | 5547 |
5548 | |
5549 | |
5550 | |
5551 | |
5552 | |
5553 | |
5554 |
| 5555 |
5556 | |
5557 | |
5558 | |
5559 | |
5560 | |
5561 | |
5562 | |
5563 | |
5564 | |
5565 |
| 5566 |
5567 | |
5568 | |
5569 | |
5570 | |
5571 | |
5572 | |
5573 | |
5574 | |
5575 | |
5576 |
| 5577 |
5578 | |
5579 | |
5580 | |
5581 | |
5582 | |
5583 | |
5584 | |
5585 | |
5586 | |
5587 | |
5588 | |
5589 | |
5590 | |
5591 | |
5592 | |
5593 |
| 5594 |
violation of a municipal ordinance that is substantially | 5595 |
equivalent to section 4510.14 of the Revised Code, the court, in | 5596 |
addition to and independent of any sentence that it imposes upon | 5597 |
the offender for the offense, if the vehicle the offender was | 5598 |
operating at the time of the offense is registered in the | 5599 |
offender's name, shall do whichever of the following is | 5600 |
applicable: | 5601 |
(1) If, within six years of the current offense, the offender | 5602 |
has not been convicted of or pleaded guilty to a violation of | 5603 |
section 4510.14 or former division (D)(2) of section 4507.02 of | 5604 |
the Revised Code or a municipal ordinance that is substantially | 5605 |
equivalent to that section or former division, the court shall | 5606 |
order the immobilization for thirty days of the vehicle involved | 5607 |
in the offense and the impoundment for thirty days of the license | 5608 |
plates of that vehicle in accordance with section 4503.233 of the | 5609 |
Revised Code. | 5610 |
(2) If, within six years of the current offense, the offender | 5611 |
has been convicted of or pleaded guilty to one violation of | 5612 |
section 4510.14 or former division (D)(2) of section 4507.02 of | 5613 |
the Revised Code or a municipal ordinance that is substantially | 5614 |
equivalent to that section or former division, the court shall | 5615 |
order the immobilization for sixty days of the vehicle involved in | 5616 |
the offense and the impoundment for sixty days of the license | 5617 |
plates of that vehicle in accordance with section 4503.233 of the | 5618 |
Revised Code. | 5619 |
(3) If, within six years of the current offense, the offender | 5620 |
has been convicted of or pleaded guilty to two or more violations | 5621 |
of section 4510.14 or former division (D)(2) of section 4507.02 of | 5622 |
the Revised Code or a municipal ordinance that is substantially | 5623 |
equivalent to that section or former division, the court shall | 5624 |
order the criminal forfeiture to the state of the vehicle the | 5625 |
offender was operating at the time of the offense. | 5626 |
| 5627 |
vehicle under this section shall be issued and enforced in | 5628 |
accordance with sections 4503.233 and 4507.02 of the Revised Code, | 5629 |
as applicable. The court shall not release a vehicle from | 5630 |
immobilization ordered under this section unless the court is | 5631 |
presented with current proof of financial responsibility with | 5632 |
respect to that vehicle. | 5633 |
| 5634 |
this section shall be issued and enforced under section 4503.234 | 5635 |
of the Revised Code. Upon receipt of a copy of the order from the | 5636 |
court, neither the registrar of motor vehicles nor a deputy | 5637 |
registrar shall accept any application for the registration or | 5638 |
transfer of registration of any motor vehicle owned or leased by | 5639 |
the person named in the declaration of forfeiture. The period of | 5640 |
registration denial shall be five years after the date of the | 5641 |
order unless, during that period, the court having jurisdiction of | 5642 |
the offense that led to the order terminates the forfeiture and | 5643 |
notifies the registrar of the termination. The registrar then | 5644 |
shall take the necessary measures to permit the person to register | 5645 |
a vehicle owned or leased by the person or to transfer | 5646 |
registration of the vehicle. | 5647 |
Sec. 4510.17. (A) The registrar of motor vehicles shall | 5648 |
impose a class D suspension of the person's driver's license, | 5649 |
commercial driver's license, temporary instruction permit, | 5650 |
probationary license, or nonresident operating privilege for the | 5651 |
period of time specified in division (B)(4) of section 4510.02 of | 5652 |
the Revised Code on any person who is a resident of this state and | 5653 |
is convicted of or pleads guilty to a violation of a statute of | 5654 |
any other state or any federal statute that is substantially | 5655 |
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, | 5656 |
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.141, 2925.22, | 5657 |
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised | 5658 |
Code. Upon receipt of a report from a court, court clerk, or other | 5659 |
official of any other state or from any federal authority that a | 5660 |
resident of this state was convicted of or pleaded guilty to an | 5661 |
offense described in this division, the registrar shall send a | 5662 |
notice by regular first class mail to the person, at the person's | 5663 |
last known address as shown in the records of the bureau of motor | 5664 |
vehicles, informing the person of the suspension, that the | 5665 |
suspension will take effect twenty-one days from the date of the | 5666 |
notice, and that, if the person wishes to appeal the suspension or | 5667 |
denial, the person must file a notice of appeal within twenty-one | 5668 |
days of the date of the notice requesting a hearing on the matter. | 5669 |
If the person requests a hearing, the registrar shall hold the | 5670 |
hearing not more than forty days after receipt by the registrar of | 5671 |
the notice of appeal. The filing of a notice of appeal does not | 5672 |
stay the operation of the suspension that must be imposed pursuant | 5673 |
to this division. The scope of the hearing shall be limited to | 5674 |
whether the person actually was convicted of or pleaded guilty to | 5675 |
the offense for which the suspension is to be imposed. | 5676 |
The suspension the registrar is required to impose under this | 5677 |
division shall end either on the last day of the class D | 5678 |
suspension period or of the suspension of the person's nonresident | 5679 |
operating privilege imposed by the state or federal court, | 5680 |
whichever is earlier. | 5681 |
The registrar shall subscribe to or otherwise participate in | 5682 |
any information system or register, or enter into reciprocal and | 5683 |
mutual agreements with other states and federal authorities, in | 5684 |
order to facilitate the exchange of information with other states | 5685 |
and the United States government regarding persons who plead | 5686 |
guilty to or are convicted of offenses described in this division | 5687 |
and therefore are subject to the suspension or denial described in | 5688 |
this division. | 5689 |
(B) The registrar shall impose a class D suspension of the | 5690 |
person's driver's license, commercial driver's license, temporary | 5691 |
instruction permit, probationary license, or nonresident operating | 5692 |
privilege for the period of time specified in division (B)(4) of | 5693 |
section 4510.02 of the Revised Code on any person who is a | 5694 |
resident of this state and is convicted of or pleads guilty to a | 5695 |
violation of a statute of any other state or a municipal ordinance | 5696 |
of a municipal corporation located in any other state that is | 5697 |
substantially similar to section 4511.19 of the Revised Code. Upon | 5698 |
receipt of a report from another state made pursuant to section | 5699 |
4510.61 of the Revised Code indicating that a resident of this | 5700 |
state was convicted of or pleaded guilty to an offense described | 5701 |
in this division, the registrar shall send a notice by regular | 5702 |
first class mail to the person, at the person's last known address | 5703 |
as shown in the records of the bureau of motor vehicles, informing | 5704 |
the person of the suspension, that the suspension or denial will | 5705 |
take effect twenty-one days from the date of the notice, and that, | 5706 |
if the person wishes to appeal the suspension, the person must | 5707 |
file a notice of appeal within twenty-one days of the date of the | 5708 |
notice requesting a hearing on the matter. If the person requests | 5709 |
a hearing, the registrar shall hold the hearing not more than | 5710 |
forty days after receipt by the registrar of the notice of appeal. | 5711 |
The filing of a notice of appeal does not stay the operation of | 5712 |
the suspension that must be imposed pursuant to this division. The | 5713 |
scope of the hearing shall be limited to whether the person | 5714 |
actually was convicted of or pleaded guilty to the offense for | 5715 |
which the suspension is to be imposed. | 5716 |
The suspension the registrar is required to impose under this | 5717 |
division shall end either on the last day of the class D | 5718 |
suspension period or of the suspension of the person's nonresident | 5719 |
operating privilege imposed by the state or federal court, | 5720 |
whichever is earlier. | 5721 |
(C) The registrar shall impose a class D suspension of the | 5722 |
child's driver's license, commercial driver's license, temporary | 5723 |
instruction permit, or nonresident operating privilege for the | 5724 |
period of time specified in division (B)(4) of section 4510.02 of | 5725 |
the Revised Code on any child who is a resident of this state and | 5726 |
is convicted of or pleads guilty to a violation of a statute of | 5727 |
any other state or any federal statute that is substantially | 5728 |
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, | 5729 |
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.141, 2925.22, | 5730 |
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised | 5731 |
Code. Upon receipt of a report from a court, court clerk, or other | 5732 |
official of any other state or from any federal authority that a | 5733 |
child who is a resident of this state was convicted of or pleaded | 5734 |
guilty to an offense described in this division, the registrar | 5735 |
shall send a notice by regular first class mail to the child, at | 5736 |
the child's last known address as shown in the records of the | 5737 |
bureau of motor vehicles, informing the child of the suspension, | 5738 |
that the suspension or denial will take effect twenty-one days | 5739 |
from the date of the notice, and that, if the child wishes to | 5740 |
appeal the suspension, the child must file a notice of appeal | 5741 |
within twenty-one days of the date of the notice requesting a | 5742 |
hearing on the matter. If the child requests a hearing, the | 5743 |
registrar shall hold the hearing not more than forty days after | 5744 |
receipt by the registrar of the notice of appeal. The filing of a | 5745 |
notice of appeal does not stay the operation of the suspension | 5746 |
that must be imposed pursuant to this division. The scope of the | 5747 |
hearing shall be limited to whether the child actually was | 5748 |
convicted of or pleaded guilty to the offense for which the | 5749 |
suspension is to be imposed. | 5750 |
The suspension the registrar is required to impose under this | 5751 |
division shall end either on the last day of the class D | 5752 |
suspension period or of the suspension of the child's nonresident | 5753 |
operating privilege imposed by the state or federal court, | 5754 |
whichever is earlier. If the child is a resident of this state who | 5755 |
is sixteen years of age or older and does not have a current, | 5756 |
valid Ohio driver's or commercial driver's license or permit, the | 5757 |
notice shall inform the child that the child will be denied | 5758 |
issuance of a driver's or commercial driver's license or permit | 5759 |
for six months beginning on the date of the notice. If the child | 5760 |
has not attained the age of sixteen years on the date of the | 5761 |
notice, the notice shall inform the child that the period of | 5762 |
denial of six months shall commence on the date the child attains | 5763 |
the age of sixteen years. | 5764 |
The registrar shall subscribe to or otherwise participate in | 5765 |
any information system or register, or enter into reciprocal and | 5766 |
mutual agreements with other states and federal authorities, in | 5767 |
order to facilitate the exchange of information with other states | 5768 |
and the United States government regarding children who are | 5769 |
residents of this state and plead guilty to or are convicted of | 5770 |
offenses described in this division and therefore are subject to | 5771 |
the suspension or denial described in this division. | 5772 |
(D) The registrar shall impose a class D suspension of the | 5773 |
child's driver's license, commercial driver's license, temporary | 5774 |
instruction permit, probationary license, or nonresident operating | 5775 |
privilege for the period of time specified in division (B)(4) of | 5776 |
section 4510.02 of the Revised Code on any child who is a resident | 5777 |
of this state and is convicted of or pleads guilty to a violation | 5778 |
of a statute of any other state or a municipal ordinance of a | 5779 |
municipal corporation located in any other state that is | 5780 |
substantially similar to section 4511.19 of the Revised Code. Upon | 5781 |
receipt of a report from another state made pursuant to section | 5782 |
4510.61 of the Revised Code indicating that a child who is a | 5783 |
resident of this state was convicted of or pleaded guilty to an | 5784 |
offense described in this division, the registrar shall send a | 5785 |
notice by regular first class mail to the child, at the child's | 5786 |
last known address as shown in the records of the bureau of motor | 5787 |
vehicles, informing the child of the suspension, that the | 5788 |
suspension will take effect twenty-one days from the date of the | 5789 |
notice, and that, if the child wishes to appeal the suspension, | 5790 |
the child must file a notice of appeal within twenty-one days of | 5791 |
the date of the notice requesting a hearing on the matter. If the | 5792 |
child requests a hearing, the registrar shall hold the hearing not | 5793 |
more than forty days after receipt by the registrar of the notice | 5794 |
of appeal. The filing of a notice of appeal does not stay the | 5795 |
operation of the suspension that must be imposed pursuant to this | 5796 |
division. The scope of the hearing shall be limited to whether the | 5797 |
child actually was convicted of or pleaded guilty to the offense | 5798 |
for which the suspension is to be imposed. | 5799 |
The suspension the registrar is required to impose under this | 5800 |
division shall end either on the last day of the class D | 5801 |
suspension period or of the suspension of the child's nonresident | 5802 |
operating privilege imposed by the state or federal court, | 5803 |
whichever is earlier. If the child is a resident of this state who | 5804 |
is sixteen years of age or older and does not have a current, | 5805 |
valid Ohio driver's or commercial driver's license or permit, the | 5806 |
notice shall inform the child that the child will be denied | 5807 |
issuance of a driver's or commercial driver's license or permit | 5808 |
for six months beginning on the date of the notice. If the child | 5809 |
has not attained the age of sixteen years on the date of the | 5810 |
notice, the notice shall inform the child that the period of | 5811 |
denial of six months shall commence on the date the child attains | 5812 |
the age of sixteen years. | 5813 |
(E) Any person whose license or permit has been suspended | 5814 |
pursuant to this section may file a petition in the municipal or | 5815 |
county court, or in case the person is under eighteen years of | 5816 |
age, the juvenile court, in whose jurisdiction the person resides, | 5817 |
agreeing to pay the cost of the proceedings and alleging that the | 5818 |
suspension would seriously affect the person's ability to continue | 5819 |
the person's employment. Upon satisfactory proof that there is | 5820 |
reasonable cause to believe that the suspension would seriously | 5821 |
affect the person's ability to continue the person's employment, | 5822 |
the judge may grant the person limited driving privileges during | 5823 |
the period during which the suspension otherwise would be imposed, | 5824 |
except that the judge shall not grant limited driving privileges | 5825 |
for employment as a driver of a commercial motor vehicle to any | 5826 |
person who would be disqualified from operating a commercial motor | 5827 |
vehicle under section 4506.16 of the Revised Code if the violation | 5828 |
had occurred in this state, or during any of the following periods | 5829 |
of time: | 5830 |
(1) The first fifteen days of a suspension under division (B) | 5831 |
or (D) of this section, if the person has not been convicted | 5832 |
within six years of the date of the offense giving rise to the | 5833 |
suspension under this section of a violation of any of the | 5834 |
following: | 5835 |
(a) Section 4511.19 of the Revised Code, or a municipal | 5836 |
ordinance relating to operating a vehicle while under the | 5837 |
influence of alcohol, a drug of abuse, or alcohol and a drug of | 5838 |
abuse; | 5839 |
(b) A municipal ordinance relating to operating a motor | 5840 |
vehicle with a prohibited concentration of alcohol, a controlled | 5841 |
substance, or a metabolite of a controlled substance in the whole | 5842 |
blood, blood serum or plasma, breath, or urine; | 5843 |
(c) Section 2903.04 of the Revised Code in a case in which | 5844 |
the person was subject to the sanctions described in division (D) | 5845 |
of that section; | 5846 |
(d) Division (A)(1) of section 2903.06 or division (A)(1) of | 5847 |
section 2903.08 of the Revised Code or a municipal ordinance that | 5848 |
is substantially similar to either of those divisions; | 5849 |
(e) Division (A)(2), (3), or (4) of section 2903.06, division | 5850 |
(A)(2) of section 2903.08, or as it existed prior to March 23, | 5851 |
2000, section 2903.07 of the Revised Code, or a municipal | 5852 |
ordinance that is substantially similar to any of those divisions | 5853 |
or that former section, in a case in which the jury or judge found | 5854 |
that the person was under the influence of alcohol, a drug of | 5855 |
abuse, or alcohol and a drug of abuse. | 5856 |
(2) The first thirty days of a suspension under division (B) | 5857 |
or (D) of this section, if the person has been convicted one time | 5858 |
within six years of the date of the offense giving rise to the | 5859 |
suspension under this section of any violation identified in | 5860 |
division (E)(1) of this section. | 5861 |
(3) The first one hundred eighty days of a suspension under | 5862 |
division (B) or (D) of this section, if the person has been | 5863 |
convicted two times within six years of the date of the offense | 5864 |
giving rise to the suspension under this section of any violation | 5865 |
identified in division (E)(1) of this section. | 5866 |
(4) No limited driving privileges may be granted if the | 5867 |
person has been convicted three or more times within five years of | 5868 |
the date of the offense giving rise to a suspension under division | 5869 |
(B) or (D) of this section of any violation identified in division | 5870 |
(E)(1) of this section. | 5871 |
If a person petitions for limited driving privileges under | 5872 |
division (E) of this section, the registrar shall be represented | 5873 |
by the county prosecutor of the county in which the person resides | 5874 |
if the petition is filed in a juvenile court or county court, | 5875 |
except that if the person resides within a city or village that is | 5876 |
located within the jurisdiction of the county in which the | 5877 |
petition is filed, the city director of law or village solicitor | 5878 |
of that city or village shall represent the registrar. If the | 5879 |
petition is filed in a municipal court, the registrar shall be | 5880 |
represented as provided in section 1901.34 of the Revised Code. | 5881 |
In granting limited driving privileges under division (E) of | 5882 |
this section, the court may impose any condition it considers | 5883 |
reasonable and necessary to limit the use of a vehicle by the | 5884 |
person. The court shall deliver to the person a permit card, in a | 5885 |
form to be prescribed by the court, setting forth the time, place, | 5886 |
and other conditions limiting the person's use of a motor vehicle. | 5887 |
The grant of limited driving privileges shall be conditioned upon | 5888 |
the person's having the permit in the person's possession at all | 5889 |
times during which the person is operating a vehicle. | 5890 |
A person granted limited driving privileges who operates a | 5891 |
vehicle for other than limited purposes, in violation of any | 5892 |
condition imposed by the court or without having the permit in the | 5893 |
person's possession, is guilty of a violation of section 4510.11 | 5894 |
of the Revised Code. | 5895 |
(F) As used in divisions (C) and (D) of this section: | 5896 |
(1) "Child" means a person who is under the age of eighteen | 5897 |
years, except that any person who violates a statute or ordinance | 5898 |
described in division (C) or (D) of this section prior to | 5899 |
attaining eighteen years of age shall be deemed a "child" | 5900 |
irrespective of the person's age at the time the complaint or | 5901 |
other equivalent document is filed in the other state or a | 5902 |
hearing, trial, or other proceeding is held in the other state on | 5903 |
the complaint or other equivalent document, and irrespective of | 5904 |
the person's age when the period of license suspension or denial | 5905 |
prescribed in division (C) or (D) of this section is imposed. | 5906 |
(2) "Is convicted of or pleads guilty to" means, as it | 5907 |
relates to a child who is a resident of this state, that in a | 5908 |
proceeding conducted in a state or federal court located in | 5909 |
another state for a violation of a statute or ordinance described | 5910 |
in division (C) or (D) of this section, the result of the | 5911 |
proceeding is any of the following: | 5912 |
(a) Under the laws that govern the proceedings of the court, | 5913 |
the child is adjudicated to be or admits to being a delinquent | 5914 |
child or a juvenile traffic offender for a violation described in | 5915 |
division (C) or (D) of this section that would be a crime if | 5916 |
committed by an adult; | 5917 |
(b) Under the laws that govern the proceedings of the court, | 5918 |
the child is convicted of or pleads guilty to a violation | 5919 |
described in division (C) or (D) of this section; | 5920 |
(c) Under the laws that govern the proceedings of the court, | 5921 |
irrespective of the terminology utilized in those laws, the result | 5922 |
of the court's proceedings is the functional equivalent of | 5923 |
division (F)(2)(a) or (b) of this section. | 5924 |
Sec. 4510.41. (A) As used in this section: | 5925 |
(1) "Arrested person" means a person who is arrested for a | 5926 |
violation of section 4510.14 | 5927 |
Code, or a municipal ordinance that is substantially equivalent to | 5928 |
5929 | |
vehicle being seized under division (B) of this section. | 5930 |
(2) "Vehicle owner" means either of the following: | 5931 |
(a) The person in whose name is registered, at the time of | 5932 |
the seizure, a vehicle that is seized under division (B) of this | 5933 |
section; | 5934 |
(b) A person to whom the certificate of title to a vehicle | 5935 |
that is seized under division (B) of this section has been | 5936 |
assigned and who has not obtained a certificate of title to the | 5937 |
vehicle in that person's name, but who is deemed by the court as | 5938 |
being the owner of the vehicle at the time the vehicle was seized | 5939 |
under division (B) of this section. | 5940 |
(3) "Interested party" includes the owner of a vehicle seized | 5941 |
under this section, all lienholders, the arrested person, the | 5942 |
owner of the place of storage at which a vehicle seized under this | 5943 |
section is stored, and the person or entity that caused the | 5944 |
vehicle to be removed. | 5945 |
(B)(1) If a person is arrested for a violation of section | 5946 |
4510.14 or 4511.203 of the Revised Code or a municipal ordinance | 5947 |
that is substantially equivalent to either of those sections | 5948 |
5949 | |
5950 | |
5951 | |
5952 | |
5953 | |
enforcement agency that employs the arresting officer, in addition | 5954 |
to any action that the arresting officer is required or authorized | 5955 |
to take by any other provision of law, shall seize the vehicle | 5956 |
that the person was operating at the time of, or that was involved | 5957 |
in, the alleged offense if the vehicle is registered in the | 5958 |
arrested person's name and its license plates. A law enforcement | 5959 |
agency that employs a law enforcement officer who makes an arrest | 5960 |
of a type that is described in this division and that involves a | 5961 |
rented or leased vehicle that is being rented or leased for a | 5962 |
period of thirty days or less shall notify, within twenty-four | 5963 |
hours after the officer makes the arrest, the lessor or owner of | 5964 |
the vehicle regarding the circumstances of the arrest and the | 5965 |
location at which the vehicle may be picked up. At the time of the | 5966 |
seizure of the vehicle, the law enforcement officer who made the | 5967 |
arrest shall give the arrested person written notice that the | 5968 |
vehicle and its license plates have been seized; that the vehicle | 5969 |
either will be kept by the officer's law enforcement agency or | 5970 |
will be immobilized at least until the person's initial appearance | 5971 |
on the charge of the offense for which the arrest was made; that, | 5972 |
at the initial appearance, the court in certain circumstances may | 5973 |
order that the vehicle and license plates be released to the | 5974 |
arrested person until the disposition of that charge; that, if the | 5975 |
arrested person is convicted of that charge, the court generally | 5976 |
must order the immobilization of the vehicle and the impoundment | 5977 |
of its license plates or the forfeiture of the vehicle; and that | 5978 |
the arrested person may be charged expenses or charges incurred | 5979 |
under this section and section 4503.233 of the Revised Code for | 5980 |
the removal and storage of the vehicle. | 5981 |
(2) The arresting officer or a law enforcement officer of the | 5982 |
agency that employs the arresting officer shall give written | 5983 |
notice of the seizure under division (B)(1) of this section to the | 5984 |
court that will conduct the initial appearance of the arrested | 5985 |
person on the charges arising out of the arrest. Upon receipt of | 5986 |
the notice, the court promptly shall determine whether the | 5987 |
arrested person is the vehicle owner. If the court determines that | 5988 |
the arrested person is not the vehicle owner, it promptly shall | 5989 |
send by regular mail written notice of the seizure to the | 5990 |
vehicle's registered owner. The written notice shall contain all | 5991 |
of the information required by division (B)(1) of this section to | 5992 |
be in a notice to be given to the arrested person and also shall | 5993 |
specify the date, time, and place of the arrested person's initial | 5994 |
appearance. The notice also shall inform the vehicle owner that if | 5995 |
title to a motor vehicle that is subject to an order for criminal | 5996 |
forfeiture under this section is assigned or transferred and | 5997 |
division (B)(2) or (3) of section 4503.234 of the Revised Code | 5998 |
applies, the court may fine the arrested person the value of the | 5999 |
vehicle. The notice also shall state that if the vehicle is | 6000 |
immobilized under division (A) of section 4503.233 of the Revised | 6001 |
Code, seven days after the end of the period of immobilization a | 6002 |
law enforcement agency will send the vehicle owner a notice, | 6003 |
informing the owner that if the release of the vehicle is not | 6004 |
obtained in accordance with division (D)(3) of section 4503.233 of | 6005 |
the Revised Code, the vehicle shall be forfeited. The notice also | 6006 |
shall inform the vehicle owner that the owner may be charged | 6007 |
expenses or charges incurred under this section and section | 6008 |
4503.233 of the Revised Code for the removal and storage of the | 6009 |
vehicle. | 6010 |
The written notice that is given to the arrested person also | 6011 |
shall state that if the person is convicted of or pleads guilty to | 6012 |
the offense and the court issues an immobilization and impoundment | 6013 |
order relative to that vehicle, division (D)(4) of section | 6014 |
4503.233 of the Revised Code prohibits the vehicle from being sold | 6015 |
during the period of immobilization without the prior approval of | 6016 |
the court. | 6017 |
(3) At or before the initial appearance, the vehicle owner | 6018 |
may file a motion requesting the court to order that the vehicle | 6019 |
and its license plates be released to the vehicle owner. Except as | 6020 |
provided in this division and subject to the payment of expenses | 6021 |
or charges incurred in the removal and storage of the vehicle, the | 6022 |
court, in its discretion, then may issue an order releasing the | 6023 |
vehicle and its license plates to the vehicle owner. Such an order | 6024 |
may be conditioned upon such terms as the court determines | 6025 |
appropriate, including the posting of a bond in an amount | 6026 |
determined by the court. If the arrested person is not the vehicle | 6027 |
owner and if the vehicle owner is not present at the arrested | 6028 |
person's initial appearance, and if the court believes that the | 6029 |
vehicle owner was not provided with adequate notice of the initial | 6030 |
appearance, the court, in its discretion, may allow the vehicle | 6031 |
owner to file a motion within seven days of the initial | 6032 |
appearance. If the court allows the vehicle owner to file such a | 6033 |
motion after the initial appearance, the extension of time granted | 6034 |
by the court does not extend the time within which the initial | 6035 |
appearance is to be conducted. If the court issues an order for | 6036 |
the release of the vehicle and its license plates, a copy of the | 6037 |
order shall be made available to the vehicle owner. If the vehicle | 6038 |
owner presents a copy of the order to the law enforcement agency | 6039 |
that employs the law enforcement officer who arrested the arrested | 6040 |
person, the law enforcement agency promptly shall release the | 6041 |
vehicle and its license plates to the vehicle owner upon payment | 6042 |
by the vehicle owner of any expenses or charges incurred in the | 6043 |
removal or storage of the vehicle. | 6044 |
(4) A vehicle seized under division (B)(1) of this section | 6045 |
either shall be towed to a place specified by the law enforcement | 6046 |
agency that employs the arresting officer to be safely kept by the | 6047 |
agency at that place for the time and in the manner specified in | 6048 |
this section or shall be otherwise immobilized for the time and in | 6049 |
the manner specified in this section. A law enforcement officer of | 6050 |
that agency shall remove the identification license plates of the | 6051 |
vehicle, and they shall be safely kept by the agency for the time | 6052 |
and in the manner specified in this section. No vehicle that is | 6053 |
seized and either towed or immobilized pursuant to this division | 6054 |
shall be considered contraband for purposes of Chapter 2981. of | 6055 |
the Revised Code. The vehicle shall not be immobilized at any | 6056 |
place other than a commercially operated private storage lot, a | 6057 |
place owned by a law enforcement or other government agency, or a | 6058 |
place to which one of the following applies: | 6059 |
(a) The place is leased by or otherwise under the control of | 6060 |
a law enforcement or other government agency. | 6061 |
(b) The place is owned by the arrested person, the arrested | 6062 |
person's spouse, or a parent or child of the arrested person. | 6063 |
(c) The place is owned by a private person or entity, and, | 6064 |
prior to the immobilization, the private entity or person that | 6065 |
owns the place, or the authorized agent of that private entity or | 6066 |
person, has given express written consent for the immobilization | 6067 |
to be carried out at that place. | 6068 |
(d) The place is a public street or highway on which the | 6069 |
vehicle is parked in accordance with the law. | 6070 |
(C)(1) A vehicle seized under division (B)(1) of this section | 6071 |
shall be safely kept at the place to which it is towed or | 6072 |
otherwise moved by the law enforcement agency that employs the | 6073 |
arresting officer until the initial appearance of the arrested | 6074 |
person relative to the charge in question. The license plates of | 6075 |
the vehicle that are removed pursuant to division (B)(1) of this | 6076 |
section shall be safely kept by the law enforcement agency that | 6077 |
employs the arresting officer until at least the initial | 6078 |
appearance of the arrested person relative to the charge in | 6079 |
question. | 6080 |
(2)(a) At the initial appearance or not less than seven days | 6081 |
prior to the date of final disposition, the court shall notify the | 6082 |
arrested person that, if title to a motor vehicle that is subject | 6083 |
to an order for criminal forfeiture under this section is assigned | 6084 |
or transferred and division (B)(2) or (3) of section 4503.234 of | 6085 |
the Revised Code applies, the court may fine the arrested person | 6086 |
the value of the vehicle. If, at the initial appearance, the | 6087 |
arrested person pleads guilty to the violation of section 4510.14 | 6088 |
6089 | |
that is substantially equivalent to | 6090 |
or pleads no contest to and is convicted of the violation, the | 6091 |
following sentencing provisions apply: | 6092 |
(i) If the person violated section 4510.14 of the Revised | 6093 |
Code or a municipal ordinance that is substantially equivalent to | 6094 |
that section, the court shall impose sentence upon the person as | 6095 |
provided by law or ordinance; the court shall order the | 6096 |
immobilization of the vehicle the arrested person was operating at | 6097 |
the time of, or that was involved in, the offense if registered in | 6098 |
the arrested person's name and the impoundment of its license | 6099 |
plates under sections 4503.233 and 4510.14 of the Revised Code or | 6100 |
the criminal forfeiture to the state of the vehicle if registered | 6101 |
in the arrested person's name under sections 4503.234 and 4510.14 | 6102 |
of the Revised Code, whichever is applicable; and the vehicle and | 6103 |
its license plates shall not be returned or released to the | 6104 |
arrested person. | 6105 |
(ii) If the person violated section 4511.203 of the Revised | 6106 |
Code or a municipal ordinance that is substantially equivalent to | 6107 |
that section, | 6108 |
6109 | |
6110 | |
6111 | |
impose sentence upon the person as provided by law or ordinance; | 6112 |
the court may order the immobilization of the vehicle the arrested | 6113 |
person was operating at the time of, or that was involved in, the | 6114 |
offense if registered in the arrested person's name and the | 6115 |
impoundment of its license plates under section 4503.233 and | 6116 |
section | 6117 |
criminal forfeiture to the state of the vehicle if registered in | 6118 |
the arrested person's name under section 4503.234 and section | 6119 |
6120 | |
applicable; and the vehicle and its license plates shall not be | 6121 |
returned or released to the arrested person. | 6122 |
| 6123 |
6124 | |
6125 | |
6126 | |
6127 | |
6128 | |
6129 | |
6130 | |
6131 | |
6132 | |
6133 |
(b) If, at any time, the charge that the arrested person | 6134 |
violated section 4510.14 | 6135 |
Code, or a municipal ordinance that is substantially equivalent to | 6136 |
6137 | |
court shall order that the vehicle seized at the time of the | 6138 |
arrest and its license plates immediately be released to the | 6139 |
person. | 6140 |
(D) If a vehicle and its license plates are seized under | 6141 |
division (B)(1) of this section and are not returned or released | 6142 |
to the arrested person pursuant to division (C) of this section, | 6143 |
the vehicle and its license plates shall be retained until the | 6144 |
final disposition of the charge in question. Upon the final | 6145 |
disposition of that charge, the court shall do whichever of the | 6146 |
following is applicable: | 6147 |
(1) If the arrested person is convicted of or pleads guilty | 6148 |
to the violation of section 4510.14 of the Revised Code or a | 6149 |
municipal ordinance that is substantially equivalent to that | 6150 |
section, the court shall impose sentence upon the person as | 6151 |
provided by law or ordinance and shall order the immobilization of | 6152 |
the vehicle the person was operating at the time of, or that was | 6153 |
involved in, the offense if it is registered in the arrested | 6154 |
person's name and the impoundment of its license plates under | 6155 |
sections 4503.233 and 4510.14 of the Revised Code or the criminal | 6156 |
forfeiture of the vehicle if it is registered in the arrested | 6157 |
person's name under sections 4503.234 and 4510.14 of the Revised | 6158 |
Code, whichever is applicable. | 6159 |
(2) If the arrested person is convicted of or pleads guilty | 6160 |
to the violation of section 4511.203 of the Revised Code, or a | 6161 |
municipal ordinance that is substantially equivalent to that | 6162 |
section, | 6163 |
6164 | |
6165 | |
6166 | |
shall impose sentence upon the person as provided by law or | 6167 |
ordinance and may order the immobilization of the vehicle the | 6168 |
person was operating at the time of, or that was involved in, the | 6169 |
offense if it is registered in the arrested person's name and the | 6170 |
impoundment of its license plates under section 4503.233 and | 6171 |
section | 6172 |
criminal forfeiture of the vehicle if it is registered in the | 6173 |
arrested person's name under section 4503.234 and section | 6174 |
6175 | |
applicable. | 6176 |
| 6177 |
6178 | |
6179 | |
6180 | |
6181 | |
6182 | |
6183 | |
6184 | |
6185 | |
6186 |
(3) If the arrested person is found not guilty of the | 6187 |
violation of section 4510.14 | 6188 |
Code, or a municipal ordinance that is substantially equivalent to | 6189 |
6190 | |
vehicle and its license plates immediately be released to the | 6191 |
arrested person. | 6192 |
(4) If the charge that the arrested person violated section | 6193 |
4510.14 | 6194 |
ordinance that is substantially equivalent to | 6195 |
sections is dismissed for any reason, the court shall order that | 6196 |
the vehicle and its license plates immediately be released to the | 6197 |
arrested person. | 6198 |
(5) If the impoundment of the vehicle was not authorized | 6199 |
under this section, the court shall order that the vehicle and its | 6200 |
license plates be returned immediately to the arrested person or, | 6201 |
if the arrested person is not the vehicle owner, to the vehicle | 6202 |
owner and shall order that the state or political subdivision of | 6203 |
the law enforcement agency served by the law enforcement officer | 6204 |
who seized the vehicle pay all expenses and charges incurred in | 6205 |
its removal and storage. | 6206 |
(E) If a vehicle is seized under division (B)(2) of this | 6207 |
section, the time between the seizure of the vehicle and either | 6208 |
its release to the arrested person pursuant to division (C) of | 6209 |
this section or the issuance of an order of immobilization of the | 6210 |
vehicle under section 4503.233 of the Revised Code shall be | 6211 |
credited against the period of immobilization ordered by the | 6212 |
court. | 6213 |
(F)(1) Except as provided in division (D)(4) of this section, | 6214 |
the arrested person may be charged expenses or charges incurred in | 6215 |
the removal and storage of the immobilized vehicle. The court with | 6216 |
jurisdiction over the case, after notice to all interested | 6217 |
parties, including lienholders, and after an opportunity for them | 6218 |
to be heard, if the court finds that the arrested person does not | 6219 |
intend to seek release of the vehicle at the end of the period of | 6220 |
immobilization under section 4503.233 of the Revised Code or that | 6221 |
the arrested person is not or will not be able to pay the expenses | 6222 |
and charges incurred in its removal and storage, may order that | 6223 |
title to the vehicle be transferred, in order of priority, first | 6224 |
into the name of the person or entity that removed it, next into | 6225 |
the name of a lienholder, or lastly into the name of the owner of | 6226 |
the place of storage. | 6227 |
Any lienholder that receives title under a court order shall | 6228 |
do so on the condition that it pay any expenses or charges | 6229 |
incurred in the vehicle's removal and storage. If the person or | 6230 |
entity that receives title to the vehicle is the person or entity | 6231 |
that removed it, the person or entity shall receive title on the | 6232 |
condition that it pay any lien on the vehicle. The court shall not | 6233 |
order that title be transferred to any person or entity other than | 6234 |
the owner of the place of storage if the person or entity refuses | 6235 |
to receive the title. Any person or entity that receives title | 6236 |
either may keep title to the vehicle or may dispose of the vehicle | 6237 |
in any legal manner that it considers appropriate, including | 6238 |
assignment of the certificate of title to the motor vehicle to a | 6239 |
salvage dealer or a scrap metal processing facility. The person or | 6240 |
entity shall not transfer the vehicle to the person who is the | 6241 |
vehicle's immediate previous owner. | 6242 |
If the person or entity that receives title assigns the motor | 6243 |
vehicle to a salvage dealer or scrap metal processing facility, | 6244 |
the person or entity shall send the assigned certificate of title | 6245 |
to the motor vehicle to the clerk of the court of common pleas of | 6246 |
the county in which the salvage dealer or scrap metal processing | 6247 |
facility is located. The person or entity shall mark the face of | 6248 |
the certificate of title with the words "FOR DESTRUCTION" and | 6249 |
shall deliver a photocopy of the certificate of title to the | 6250 |
salvage dealer or scrap metal processing facility for its records. | 6251 |
(2) Whenever a court issues an order under division (F)(1) of | 6252 |
this section, the court also shall order removal of the license | 6253 |
plates from the vehicle and cause them to be sent to the registrar | 6254 |
if they have not already been sent to the registrar. Thereafter, | 6255 |
no further proceedings shall take place under this section or | 6256 |
under section 4503.233 of the Revised Code. | 6257 |
(3) Prior to initiating a proceeding under division (F)(1) of | 6258 |
this section, and upon payment of the fee under division (B) of | 6259 |
section 4505.14, any interested party may cause a search to be | 6260 |
made of the public records of the bureau of motor vehicles or the | 6261 |
clerk of the court of common pleas, to ascertain the identity of | 6262 |
any lienholder of the vehicle. The initiating party shall furnish | 6263 |
this information to the clerk of the court with jurisdiction over | 6264 |
the case, and the clerk shall provide notice to the arrested | 6265 |
person, any lienholder, and any other interested parties listed by | 6266 |
the initiating party, at the last known address supplied by the | 6267 |
initiating party, by certified mail, or, at the option of the | 6268 |
initiating party, by personal service or ordinary mail. | 6269 |
Sec. 4510.54. (A) Except as provided in division (F) of this | 6270 |
section, a person whose driver's or commercial driver's license | 6271 |
has been suspended for life under a class one suspension or as | 6272 |
otherwise provided by law or has been suspended for a period in | 6273 |
excess of fifteen years under a class two suspension may file a | 6274 |
motion with the sentencing court for modification or termination | 6275 |
of the suspension. The person filing the motion shall demonstrate | 6276 |
all of the following: | 6277 |
(1) One of the following applies: | 6278 |
(a) At least fifteen years have elapsed since the suspension | 6279 |
began | 6280 |
| 6281 |
been found guilty of any felony, any offense involving a moving | 6282 |
violation under federal law, the law of this state, or the law of | 6283 |
any of its political subdivisions, or any violation of a | 6284 |
suspension under this chapter or a substantially equivalent | 6285 |
municipal ordinance. | 6286 |
(b) At least five years have elapsed since the suspension | 6287 |
began, and, for the past five years, the person has not been found | 6288 |
guilty of any offense involving a moving violation under the law | 6289 |
of this state, the law of any of its political subdivisions, or | 6290 |
federal law, any violation of section 2903.06 or 2903.08 of the | 6291 |
Revised Code, or any violation of a suspension under this chapter | 6292 |
or a substantially equivalent municipal ordinance. | 6293 |
| 6294 |
policy of liability insurance in effect that meets the minimum | 6295 |
standard set forth in section 4509.51 of the Revised Code, or | 6296 |
proof, to the satisfaction of the registrar of motor vehicles, | 6297 |
that the person is able to respond in damages in an amount at | 6298 |
least equal to the minimum amounts specified in that section. | 6299 |
| 6300 |
under the influence of alcohol, a drug of abuse, or combination of | 6301 |
them at the time of the offense or because at the time of the | 6302 |
offense the person's whole blood, blood serum or plasma, breath, | 6303 |
or urine contained at least the concentration of alcohol specified | 6304 |
in division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the | 6305 |
Revised Code or at least the concentration of a listed controlled | 6306 |
substance or a listed metabolite of a controlled substance | 6307 |
specified in division (A)(1)(j) of section 4511.19 of the Revised | 6308 |
Code, the person also shall demonstrate all of the following: | 6309 |
(a) The person successfully completed an alcohol, drug, or | 6310 |
alcohol and drug treatment program. | 6311 |
(b) The person has not abused alcohol or other drugs for a | 6312 |
period satisfactory to the court. | 6313 |
(c) For the past fifteen years, the person has not been found | 6314 |
guilty of any alcohol-related or drug-related offense. | 6315 |
(B) Upon receipt of a motion for modification or termination | 6316 |
of the suspension under this section, the court may schedule a | 6317 |
hearing on the motion. The court may deny the motion without a | 6318 |
hearing but shall not grant the motion without a hearing. If the | 6319 |
court denies a motion without a hearing, the court may consider a | 6320 |
subsequent motion filed under this section by that person. If a | 6321 |
court denies the motion after a hearing, the court shall not | 6322 |
consider a subsequent motion for that person. The court shall hear | 6323 |
only one motion filed by a person under this section. If | 6324 |
scheduled, the hearing shall be conducted in open court within | 6325 |
ninety days after the date on which the motion is filed. | 6326 |
(C) The court shall notify the person whose license was | 6327 |
suspended and the prosecuting attorney of the date, time, and | 6328 |
location of the hearing. Upon receipt of the notice from the | 6329 |
court, the prosecuting attorney shall notify the victim or the | 6330 |
victim's representative of the date, time, and location of the | 6331 |
hearing. | 6332 |
(D) At any hearing under this section, the person who seeks | 6333 |
modification or termination of the suspension has the burden to | 6334 |
demonstrate, under oath, that the person meets the requirements of | 6335 |
division (A) of this section. At the hearing, the court shall | 6336 |
afford the offender or the offender's counsel an opportunity to | 6337 |
present oral or written information relevant to the motion. The | 6338 |
court shall afford a similar opportunity to provide relevant | 6339 |
information to the prosecuting attorney and the victim or victim's | 6340 |
representative. | 6341 |
Before ruling on the motion, the court shall take into | 6342 |
account the person's driving record, the nature of the offense | 6343 |
that led to the suspension, and the impact of the offense on any | 6344 |
victim. In addition, if the offender is eligible for modification | 6345 |
or termination of the suspension under division (A) | 6346 |
this section, the court shall consider whether the person | 6347 |
committed any other offense while under suspension and determine | 6348 |
whether the offense is relevant to a determination under this | 6349 |
section. The court may modify or terminate the suspension subject | 6350 |
to any considerations it considers proper if it finds that | 6351 |
allowing the person to drive is not likely to present a danger to | 6352 |
the public. After the court makes a ruling on a motion filed under | 6353 |
this section, the prosecuting attorney shall notify the victim or | 6354 |
the victim's representative of the court's ruling. | 6355 |
(E) If a court modifies a person's license suspension under | 6356 |
this section and the person subsequently is found guilty of any | 6357 |
moving violation or of any substantially equivalent municipal | 6358 |
ordinance that carries as a possible penalty the suspension of a | 6359 |
person's driver's or commercial driver's license, the court may | 6360 |
reimpose the class one or other lifetime suspension, or the class | 6361 |
two suspension, whichever is applicable. | 6362 |
(F) This section does not apply to any person whose driver's | 6363 |
or commercial driver's license or permit or nonresident operating | 6364 |
privilege has been suspended for life under a class one suspension | 6365 |
imposed under division (B)(3) of section 2903.06 or section | 6366 |
2903.08 of the Revised Code or a class two suspension imposed | 6367 |
under division (C) of section 2903.06 or section 2903.11, 2923.02, | 6368 |
or 2929.02 of the Revised Code. | 6369 |
Sec. 4513.02. (A) No person shall drive or move, or cause or | 6370 |
knowingly permit to be driven or moved, on any highway any vehicle | 6371 |
or combination of vehicles which is in such unsafe condition as to | 6372 |
endanger any person. | 6373 |
(B) When directed by any state highway patrol trooper, the | 6374 |
operator of any motor vehicle shall stop and submit such motor | 6375 |
vehicle to an inspection under division (B)(1) or (2) of this | 6376 |
section, as appropriate, and such tests as are necessary. | 6377 |
(1) Any motor vehicle not subject to inspection by the public | 6378 |
utilities commission shall be inspected and tested to determine | 6379 |
whether it is unsafe or not equipped as required by law, or that | 6380 |
its equipment is not in proper adjustment or repair, or in | 6381 |
violation of the equipment provisions of Chapter 4513. of the | 6382 |
Revised Code. | 6383 |
Such inspection shall be made with respect to the brakes, | 6384 |
lights, turn signals, steering, horns and warning devices, glass, | 6385 |
mirrors, exhaust system, windshield wipers, tires, and such other | 6386 |
items of equipment as designated by the superintendent of the | 6387 |
state highway patrol by rule or regulation adopted pursuant to | 6388 |
sections 119.01 to 119.13 of the Revised Code. | 6389 |
Upon determining that a motor vehicle is in safe operating | 6390 |
condition and its equipment in conformity with Chapter 4513. of | 6391 |
the Revised Code, the inspecting officer shall issue to the | 6392 |
operator an official inspection sticker, which shall be in such | 6393 |
form as the superintendent prescribes except that its color shall | 6394 |
vary from year to year. | 6395 |
(2) Any motor vehicle subject to inspection by the public | 6396 |
utilities commission shall be inspected and tested in accordance | 6397 |
with rules adopted by the commission. Upon determining that the | 6398 |
vehicle and operator are in compliance with rules adopted by the | 6399 |
commission, the inspecting officer shall issue to the operator an | 6400 |
appropriate official inspection sticker. | 6401 |
(C) The superintendent of the state highway patrol, pursuant | 6402 |
to sections 119.01 to 119.13 of the Revised Code, shall determine | 6403 |
and promulgate standards for any inspection program conducted by a | 6404 |
political subdivision of this state. These standards shall exempt | 6405 |
licensed collector's vehicles and historical motor vehicles from | 6406 |
inspection. Any motor vehicle bearing a valid certificate of | 6407 |
inspection issued by another state or a political subdivision of | 6408 |
this state whose inspection program conforms to the | 6409 |
superintendent's standards, and any licensed collector's vehicle | 6410 |
or historical motor vehicle which is not in a condition which | 6411 |
endangers the safety of persons or property, shall be exempt from | 6412 |
the tests provided in division (B) of this section. | 6413 |
(D) Every person, firm, association, or corporation that, in | 6414 |
the conduct of its business, owns and operates not less than | 6415 |
fifteen motor vehicles in this state that are not subject to | 6416 |
regulation by the public utilities commission and that, for the | 6417 |
purpose of storing, repairing, maintaining, and servicing such | 6418 |
motor vehicles, equips and operates one or more service | 6419 |
departments within this state, may file with the superintendent of | 6420 |
the state highway patrol applications for permits for such service | 6421 |
departments as official inspection stations for its own motor | 6422 |
vehicles. Upon receiving an application for each such service | 6423 |
department, and after determining that it is properly equipped and | 6424 |
has competent personnel to perform the inspections referred to in | 6425 |
this section, the superintendent shall issue the necessary | 6426 |
inspection stickers and permit to operate as an official | 6427 |
inspection station. Any such person who has had one or more | 6428 |
service departments so designated as official inspection stations | 6429 |
may have motor vehicles that are owned and operated by the person | 6430 |
and that are not subject to regulation by the public utilities | 6431 |
commission, excepting private passenger cars owned by the person | 6432 |
or the person's employees, inspected at such service department; | 6433 |
and any motor vehicle bearing a valid certificate of inspection | 6434 |
issued by such service department shall be exempt from the tests | 6435 |
provided in division (B) of this section. | 6436 |
No permit for an official inspection station shall be | 6437 |
assigned or transferred or used at any location other than therein | 6438 |
designated, and every such permit shall be posted in a conspicuous | 6439 |
place at the location designated. | 6440 |
If a person, firm, association, or corporation owns and | 6441 |
operates fifteen or more motor vehicles in the conduct of business | 6442 |
and is subject to regulation by the public utilities commission, | 6443 |
that person, firm, association, or corporation is not eligible to | 6444 |
apply to the superintendent for permits to enable any of its | 6445 |
service departments to serve as official inspection stations for | 6446 |
its own motor vehicles. | 6447 |
(E) When any motor vehicle is found to be unsafe for | 6448 |
operation, the inspecting officer may order it removed from the | 6449 |
highway and not operated, except for purposes of removal and | 6450 |
repair, until it has been repaired pursuant to a repair order as | 6451 |
provided in division (F) of this section. | 6452 |
(F) When any motor vehicle is found to be defective or in | 6453 |
violation of Chapter 4513. of the Revised Code, the inspecting | 6454 |
officer may issue a repair order, in such form and containing such | 6455 |
information as the superintendent shall prescribe, to the owner or | 6456 |
operator of the motor vehicle. The owner or operator shall | 6457 |
thereupon obtain such repairs as are required and shall, as | 6458 |
directed by the inspecting officer, return the repair order | 6459 |
together with proof of compliance with its provisions. When any | 6460 |
motor vehicle or operator subject to rules of the public utilities | 6461 |
commission fails the inspection, the inspecting officer shall | 6462 |
issue an appropriate order to obtain compliance with such rules. | 6463 |
(G) Sections 4513.01 to 4513.37 of the Revised Code, with | 6464 |
respect to equipment on vehicles, do not apply to implements of | 6465 |
husbandry, road machinery, road rollers, or agricultural tractors | 6466 |
except as made applicable to such articles of machinery. | 6467 |
(H)
| 6468 |
Whoever violates this section is guilty of a minor misdemeanor. | 6469 |
6470 | |
6471 | |
6472 |
Sec. 4513.021. (A) As used in this section: | 6473 |
(1) "Passenger car" means any motor vehicle with motive | 6474 |
power, designed for carrying ten persons or less, except a | 6475 |
multipurpose passenger vehicle or motorcycle. | 6476 |
(2) "Multipurpose passenger vehicle" means a motor vehicle | 6477 |
with motive power, except a motorcycle, designed to carry ten | 6478 |
persons or less, that is constructed either on a truck chassis or | 6479 |
with special features for occasional off-road operation. | 6480 |
(3) "Truck" means every motor vehicle, except trailers and | 6481 |
semitrailers, designed and used to carry property and having a | 6482 |
gross vehicle weight rating of ten thousand pounds or less. | 6483 |
(4) "Manufacturer" has the same meaning as in section 4501.01 | 6484 |
of the Revised Code. | 6485 |
(5) "Gross vehicle weight rating" means the manufacturer's | 6486 |
gross vehicle weight rating established for that vehicle. | 6487 |
(B) The director of public safety, in accordance with Chapter | 6488 |
119. of the Revised Code, shall adopt rules in conformance with | 6489 |
standards of the vehicle equipment safety commission, that shall | 6490 |
govern the maximum bumper height or, in the absence of bumpers and | 6491 |
in cases where bumper heights have been lowered or modified, the | 6492 |
maximum height to the bottom of the frame rail, of any passenger | 6493 |
car, multipurpose passenger vehicle, or truck. | 6494 |
(C) No person shall operate upon a street or highway any | 6495 |
passenger car, multipurpose passenger vehicle, or truck registered | 6496 |
in this state that does not conform to the requirements of this | 6497 |
section or to any applicable rule adopted pursuant to this | 6498 |
section. | 6499 |
(D) No person shall modify any motor vehicle registered in | 6500 |
this state in such a manner as to cause the vehicle body or | 6501 |
chassis to come in contact with the ground, expose the fuel tank | 6502 |
to damage from collision, or cause the wheels to come in contact | 6503 |
with the body under normal operation, and no person shall | 6504 |
disconnect any part of the original suspension system of the | 6505 |
vehicle to defeat the safe operation of that system. | 6506 |
(E) Nothing contained in this section or in the rules adopted | 6507 |
pursuant to this section shall be construed to prohibit either of | 6508 |
the following: | 6509 |
(1) The installation upon a passenger car, multipurpose | 6510 |
passenger vehicle, or truck registered in this state of heavy duty | 6511 |
equipment, including shock absorbers and overload springs; | 6512 |
(2) The operation on a street or highway of a passenger car, | 6513 |
multipurpose passenger vehicle, or truck registered in this state | 6514 |
with normal wear to the suspension system if the normal wear does | 6515 |
not adversely affect the control of the vehicle. | 6516 |
(F) This section and the rules adopted pursuant to it do not | 6517 |
apply to any specially designed or modified passenger car, | 6518 |
multipurpose passenger vehicle, or truck when operated off a | 6519 |
street or highway in races and similar events. | 6520 |
(G)
| 6521 |
Whoever violates this section is guilty of a minor misdemeanor. | 6522 |
6523 | |
6524 | |
6525 |
Sec. 4513.99. (A) Any violation of section 4513.10, | 6526 |
4513.182, 4513.20, 4513.201, 4513.202, 4513.25, 4513.26, 4513.27, | 6527 |
4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the Revised Code | 6528 |
shall be punished under division (B) of this section. | 6529 |
(B) Whoever violates the sections of this chapter that are | 6530 |
specifically required to be punished under this division, or any | 6531 |
provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of | 6532 |
the Revised Code for which violation no penalty is otherwise | 6533 |
provided, is guilty of a minor misdemeanor
| 6534 |
6535 | |
6536 | |
6537 | |
6538 |
Sec. 4713.07. The state board of cosmetology shall do all of | 6539 |
the following: | 6540 |
(A) Prescribe and make available application forms to be used | 6541 |
by persons seeking admission to an examination conducted under | 6542 |
section 4713.24 of the Revised Code or a license issued under this | 6543 |
chapter; | 6544 |
(B) Prescribe and make available application forms to be used | 6545 |
by persons seeking renewal of a license issued under this chapter; | 6546 |
(C) Report to the proper prosecuting officer all violations | 6547 |
of section 4713.14 of the Revised Code of which the board is | 6548 |
aware; | 6549 |
(D) Submit a written report annually to the governor that | 6550 |
provides all of the following: | 6551 |
(1) A discussion of the conditions in this state of the | 6552 |
branches of cosmetology; | 6553 |
(2) A brief summary of the board's proceedings during the | 6554 |
year the report covers; | 6555 |
(3) A statement of all money that the board received and | 6556 |
expended during the year the report covers. | 6557 |
(E) Keep a record of all of the following: | 6558 |
(1) The board's proceedings; | 6559 |
(2) The name and last known address of each person issued a | 6560 |
license under section 4713.28, 4713.30, 4713.31, 4713.34, or | 6561 |
4713.39 of the Revised Code; | 6562 |
(3) The name and address of each salon issued a license under | 6563 |
section 4713.41 of the Revised Code and each school of cosmetology | 6564 |
issued a license under section 4713.44 of the Revised Code; | 6565 |
(4) The name and address of each tanning facility issued a | 6566 |
permit under section 4713.48 of the Revised Code; | 6567 |
(5) The date and number of each license and permit that the | 6568 |
board issues; | 6569 |
(F) Assist ex-offenders and military veterans who hold | 6570 |
licenses issued by the board to find employment within salons or | 6571 |
other facilities within this state; | 6572 |
(G) All other duties that this chapter imposes on the board. | 6573 |
Sec. 4713.28. The state board of cosmetology shall issue a | 6574 |
practicing license to an applicant who, except as provided in | 6575 |
section 4713.30 of the Revised Code, satisfies all of the | 6576 |
following applicable conditions: | 6577 |
(A) Is at least sixteen years of age; | 6578 |
(B) Is of good moral character; | 6579 |
(C) Has the equivalent of an Ohio public school tenth grade | 6580 |
education; | 6581 |
(D) Passes an examination conducted under section 4713.24 of | 6582 |
the Revised Code for the branch of cosmetology the applicant seeks | 6583 |
to practice; | 6584 |
(E) Pays to the board the applicable fee; | 6585 |
(F) In the case of an applicant for an initial cosmetologist | 6586 |
license, has successfully completed at least fifteen hundred hours | 6587 |
of board-approved cosmetology training in a school of cosmetology | 6588 |
licensed in this state, except that only one thousand hours of | 6589 |
board-approved cosmetology training in a school of cosmetology | 6590 |
licensed in this state is required of a person licensed as a | 6591 |
barber under Chapter 4709. of the Revised Code; | 6592 |
(G) In the case of an applicant for an initial esthetician | 6593 |
license, has successfully completed at least six hundred hours of | 6594 |
board-approved esthetics training in a school of cosmetology | 6595 |
licensed in this state; | 6596 |
(H) In the case of an applicant for an initial hair designer | 6597 |
license, has successfully completed at least one thousand two | 6598 |
hundred hours of board-approved hair designer training in a school | 6599 |
of cosmetology licensed in this state, except that only one | 6600 |
thousand hours of board-approved hair designer training in a | 6601 |
school of cosmetology licensed in this state is required of a | 6602 |
person licensed as a barber under Chapter 4709. of the Revised | 6603 |
Code; | 6604 |
(I) In the case of an applicant for an initial manicurist | 6605 |
license, has successfully completed at least two hundred hours of | 6606 |
board-approved manicurist training in a school of cosmetology | 6607 |
licensed in this state; | 6608 |
(J) In the case of an applicant for an initial natural hair | 6609 |
stylist license, has successfully completed at least four hundred | 6610 |
fifty hours of instruction in subjects relating to sanitation, | 6611 |
scalp care, anatomy, hair styling, communication skills, and laws | 6612 |
and rules governing the practice of cosmetology; | 6613 |
(K) The board shall not deny a license to any applicant based | 6614 |
on prior incarceration or conviction for any crime. If the board | 6615 |
denies an individual a license or license renewal, the reasons for | 6616 |
such denial shall be put in writing. | 6617 |
Sec. 4725.44. (A) The Ohio optical dispensers board shall be | 6618 |
responsible for the administration of sections 4725.40 to 4725.59 | 6619 |
of the Revised Code and, in particular, shall process applications | 6620 |
for licensure as licensed dispensing opticians and ocularists; | 6621 |
schedule, administer, and supervise the qualifying examinations | 6622 |
for licensure or contract with a testing service to schedule, | 6623 |
administer, and supervise the qualifying examination for | 6624 |
licensure; issue licenses to qualified individuals; revoke and | 6625 |
suspend licenses; and maintain adequate records with respect to | 6626 |
its operations and responsibilities. | 6627 |
(B) The board shall adopt, amend, or rescind rules, pursuant | 6628 |
to Chapter 119. of the Revised Code, for the licensure of | 6629 |
dispensing opticians and ocularists, and such other rules as are | 6630 |
required by or necessary to carry out the responsibilities imposed | 6631 |
by sections 4725.40 to 4725.59 of the Revised Code, including | 6632 |
rules establishing criminal records check requirements under | 6633 |
section 4776.03 of the Revised Code and rules establishing | 6634 |
disqualifying offenses for licensure as a dispensing optician or | 6635 |
certification as an apprentice dispensing optician pursuant to | 6636 |
sections 4725.48, 4725.52, 4725.53, and 4776.10 of the Revised | 6637 |
Code. | 6638 |
(C) The board shall have no authority to adopt rules | 6639 |
governing the employment of dispensing opticians, the location or | 6640 |
number of optical stores, advertising of optical products or | 6641 |
services, or the manner in which optical products can be | 6642 |
displayed. | 6643 |
Sec. 4725.48. (A) Any person who desires to engage in | 6644 |
optical dispensing, except as provided in section 4725.47 of the | 6645 |
Revised Code, shall file a properly completed written application | 6646 |
for an examination with the Ohio optical dispensers board or with | 6647 |
the testing service the board has contracted with pursuant to | 6648 |
section 4725.49 of the Revised Code. The application for | 6649 |
examination shall be made on a form provided by the board or | 6650 |
testing service and shall be accompanied by an examination fee the | 6651 |
board shall establish by rule. Applicants must return the | 6652 |
application to the board or testing service at least sixty days | 6653 |
prior to the date the examination is scheduled to be administered. | 6654 |
(B) Except as provided in section 4725.47 of the Revised | 6655 |
Code, any person who desires to engage in optical dispensing shall | 6656 |
file a properly completed written application for a license with | 6657 |
the board with a licensure application fee of fifty dollars. | 6658 |
No person shall be eligible to apply for a license under this | 6659 |
division, unless the person is at least eighteen years of age | 6660 |
6661 | |
disease, has received a passing score, as determined by the board, | 6662 |
on the examination administered under division (A) of this | 6663 |
section, is a graduate of an accredited high school of any state, | 6664 |
or has received an equivalent education and has successfully | 6665 |
completed either of the following: | 6666 |
(1) Two years of supervised experience under a licensed | 6667 |
dispensing optician, optometrist, or physician engaged in the | 6668 |
practice of ophthalmology, up to one year of which may be | 6669 |
continuous experience of not less than thirty hours a week in an | 6670 |
optical laboratory; | 6671 |
(2) A two-year college level program in optical dispensing | 6672 |
that has been approved by the board and that includes, but is not | 6673 |
limited to, courses of study in mathematics, science, English, | 6674 |
anatomy and physiology of the eye, applied optics, ophthalmic | 6675 |
optics, measurement and inspection of lenses, lens grinding and | 6676 |
edging, ophthalmic lens design, keratometry, and the fitting and | 6677 |
adjusting of spectacle lenses and frames and contact lenses, | 6678 |
including methods of fitting contact lenses and post-fitting care. | 6679 |
(C) Any person who desires to obtain a license to practice as | 6680 |
an ocularist shall file a properly completed written application | 6681 |
with the board accompanied by the appropriate fee and proof that | 6682 |
the applicant has met the requirements for licensure. The board | 6683 |
shall establish, by rule, the application fee and the minimum | 6684 |
requirements for licensure, including education, examination, or | 6685 |
experience standards recognized by the board as national standards | 6686 |
for ocularists. The board shall issue a license to practice as an | 6687 |
ocularist to an applicant who satisfies the requirements of this | 6688 |
division and rules adopted pursuant to this division. | 6689 |
(D)(1) Subject to divisions (D)(2), (3), and (4) of this | 6690 |
section, the board shall not adopt, maintain, renew, or enforce | 6691 |
any rule that precludes an individual from receiving or renewing a | 6692 |
license as a dispensing optician issued under sections 4725.40 to | 6693 |
4725.59 of the Revised Code due to any past criminal activity or | 6694 |
interpretation of moral character, unless the individual has | 6695 |
committed a crime of moral turpitude or a disqualifying offense as | 6696 |
those terms are defined in section 4776.10 of the Revised Code. If | 6697 |
the board denies an individual a license or license renewal, the | 6698 |
reasons for such denial shall be put in writing. | 6699 |
(2) Except as otherwise provided in this division, if an | 6700 |
individual applying for a license has been convicted of or pleaded | 6701 |
guilty to a misdemeanor that is not a crime of moral turpitude or | 6702 |
a disqualifying offense less than one year prior to making the | 6703 |
application, the board may use its discretion in granting or | 6704 |
denying the individual a license. Except as otherwise provided in | 6705 |
this division, if an individual applying for a license has been | 6706 |
convicted of or pleaded guilty to a felony that is not a crime of | 6707 |
moral turpitude or a disqualifying offense less than three years | 6708 |
prior to making the application, the board may use its discretion | 6709 |
in granting or denying the individual a license. The provisions in | 6710 |
this paragraph do not apply with respect to any offense unless the | 6711 |
board, prior to the effective date of this amendment, was required | 6712 |
or authorized to deny the application based on that offense. | 6713 |
In all other circumstances, the board shall follow the | 6714 |
procedures it adopts by rule that conform to division (D)(1) of | 6715 |
this section. | 6716 |
(3) In considering a renewal of an individual's license, the | 6717 |
board shall not consider any conviction or plea of guilty prior to | 6718 |
the initial licensing. However, the board may consider a | 6719 |
conviction or plea of guilty if it occurred after the individual | 6720 |
was initially licensed, or after the most recent license renewal. | 6721 |
(4) The board may grant an individual a conditional license | 6722 |
that lasts for one year. After the one-year period has expired, | 6723 |
the license is no longer considered conditional, and the | 6724 |
individual shall be considered fully licensed. | 6725 |
Sec. 4725.52. Any licensed dispensing optician may supervise | 6726 |
a maximum of three apprentices who shall be permitted to engage in | 6727 |
optical dispensing only under the supervision of the licensed | 6728 |
dispensing optician. | 6729 |
To serve as an apprentice, a person shall register with the | 6730 |
Ohio optical dispensers board either on a form provided by the | 6731 |
board or in the form of a statement giving the name and address of | 6732 |
the supervising licensed dispensing optician, the location at | 6733 |
which the apprentice will be employed, and any other information | 6734 |
required by the board. For the duration of the apprenticeship, the | 6735 |
apprentice shall register annually on the form provided by the | 6736 |
board or in the form of a statement. | 6737 |
Each apprentice shall pay an initial registration fee of | 6738 |
twenty dollars. For each registration renewal thereafter, each | 6739 |
apprentice shall pay a registration renewal fee of twenty dollars. | 6740 |
The board shall not deny registration as an apprentice under | 6741 |
this section to any individual based on the individual's past | 6742 |
criminal history or an interpretation of moral character unless | 6743 |
the individual has committed a disqualifying offense or crime of | 6744 |
moral turpitude as those terms are defined in section 4776.10 of | 6745 |
the Revised Code. Except as otherwise provided in this division, | 6746 |
if an individual applying for a registration has been convicted of | 6747 |
or pleaded guilty to a misdemeanor that is not a crime of moral | 6748 |
turpitude or a disqualifying offense less than one year prior to | 6749 |
making the application, the board may use its discretion in | 6750 |
granting or denying the individual a registration. Except as | 6751 |
otherwise provided in this division, if an individual applying for | 6752 |
a registration has been convicted of or pleaded guilty to a felony | 6753 |
that is not a crime of moral turpitude or a disqualifying offense | 6754 |
less than three years prior to making the application, the board | 6755 |
may use its discretion in granting or denying the individual a | 6756 |
registration. The provisions in this paragraph do not apply with | 6757 |
respect to any offense unless the board, prior to the effective | 6758 |
date of this amendment, was required or authorized to deny the | 6759 |
registration based on that offense. | 6760 |
In all other circumstances, the board shall follow the | 6761 |
procedures it adopts by rule that conform to this section. In | 6762 |
considering a renewal of an individual's registration, the board | 6763 |
shall not consider any conviction or plea of guilty prior to the | 6764 |
initial registration. However, the board may consider a conviction | 6765 |
or plea of guilty if it occurred after the individual was | 6766 |
initially registered, or after the most recent registration | 6767 |
renewal. If the board denies an individual for a registration or | 6768 |
registration renewal, the reasons for such denial shall be put in | 6769 |
writing. Additionally, the board may grant an individual a | 6770 |
conditional registration that lasts for one year. After the | 6771 |
one-year period has expired, the registration is no longer | 6772 |
considered conditional, and the individual shall be considered | 6773 |
fully registered. | 6774 |
A person who is gaining experience under the supervision of a | 6775 |
licensed optometrist or ophthalmologist that would qualify the | 6776 |
person under division (B)(1) of section 4725.48 of the Revised | 6777 |
Code to take the examination for optical dispensing is not | 6778 |
required to register with the board. | 6779 |
Sec. 4725.53. (A) The Ohio optical dispensers board, by a | 6780 |
majority vote of its members, may refuse to grant a license and, | 6781 |
in accordance with Chapter 119. of the Revised Code, may suspend | 6782 |
or revoke the license of a licensed dispensing optician or impose | 6783 |
a fine or order restitution pursuant to division (B) of this | 6784 |
section on any of the following grounds: | 6785 |
(1) Conviction of a | 6786 |
turpitude or a disqualifying offense as those terms are defined in | 6787 |
section 4776.10 of the Revised Code; | 6788 |
(2) Obtaining or attempting to obtain a license by fraud or | 6789 |
deception; | 6790 |
(3) Obtaining any fee or making any sale of an optical aid by | 6791 |
means of fraud or misrepresentation; | 6792 |
(4) Habitual indulgence in the use of controlled substances | 6793 |
or other habit-forming drugs, or in the use of alcoholic liquors | 6794 |
to an extent that affects professional competency; | 6795 |
(5) Finding by a court of competent jurisdiction that the | 6796 |
applicant or licensee is incompetent by reason of mental illness | 6797 |
and no subsequent finding by the court of competency; | 6798 |
(6) Finding by a court of law that the licensee is guilty of | 6799 |
incompetence or negligence in the dispensing of optical aids; | 6800 |
(7) Knowingly permitting or employing a person whose license | 6801 |
has been suspended or revoked or an unlicensed person to engage in | 6802 |
optical dispensing; | 6803 |
(8) Permitting another person to use | 6804 |
license; | 6805 |
(9) Engaging in optical dispensing not pursuant to the | 6806 |
prescription of a licensed physician or licensed optometrist, but | 6807 |
nothing in this section shall prohibit the duplication or | 6808 |
replacement of previously prepared optical aids, except contact | 6809 |
lenses shall not be duplicated or replaced without a written | 6810 |
prescription; | 6811 |
(10) Violation of sections 4725.40 to 4725.59 of the Revised | 6812 |
Code; | 6813 |
(11) Waiving the payment of all or any part of a deductible | 6814 |
or copayment that a patient, pursuant to a health insurance or | 6815 |
health care policy, contract, or plan that covers optical | 6816 |
dispensing services, would otherwise be required to pay if the | 6817 |
waiver is used as an enticement to a patient or group of patients | 6818 |
to receive health care services from that provider. | 6819 |
(12) Advertising that | 6820 |
of all or any part of a deductible or copayment that a patient, | 6821 |
pursuant to a health insurance or health care policy, contract, or | 6822 |
plan that covers optical dispensing services, would otherwise be | 6823 |
required to pay. | 6824 |
(B) The board may impose a fine of not more than five hundred | 6825 |
dollars for a first occurrence of an action that is grounds for | 6826 |
discipline under this section and of not less than five hundred | 6827 |
nor more than one thousand dollars for a subsequent occurrence, or | 6828 |
may order the licensee to make restitution to a person who has | 6829 |
suffered a financial loss as a result of the licensee's failure to | 6830 |
comply with sections 4725.40 to 4725.59 of the Revised Code. | 6831 |
(C) Notwithstanding divisions (A)(11) and (12) of this | 6832 |
section, sanctions shall not be imposed against any licensee who | 6833 |
waives deductibles and copayments: | 6834 |
(1) In compliance with the health benefit plan that expressly | 6835 |
allows such a practice. Waiver of the deductibles or copays shall | 6836 |
be made only with the full | 6837 |
plan purchaser, payer, and third-party administrator. Such consent | 6838 |
shall be made available to the board upon request. | 6839 |
(2) For professional services rendered to any other person | 6840 |
licensed pursuant to this chapter to the extent allowed by this | 6841 |
chapter and the rules of the board. | 6842 |
Sec. 4738.04. Each person applying for a motor vehicle | 6843 |
salvage dealer license or a salvage motor vehicle auction license | 6844 |
or a salvage motor vehicle pool license shall make out and deliver | 6845 |
to the registrar of motor vehicles, upon a blank to be furnished | 6846 |
by the registrar for that purpose, a separate application for | 6847 |
license for each county in which the business is to be conducted. | 6848 |
The application for each type of license shall be in the form | 6849 |
prescribed by the registrar and shall be signed and sworn to by | 6850 |
the applicant. The application for a license for a motor vehicle | 6851 |
salvage dealer, a salvage motor vehicle auction, or salvage motor | 6852 |
vehicle pool, in addition to other information as is required by | 6853 |
the registrar, shall include the following: | 6854 |
(A) Name of applicant and location of principal place of | 6855 |
business; | 6856 |
(B) Name or style under which business is to be conducted | 6857 |
and, if a corporation, the state of incorporation; | 6858 |
(C) Name and address of each owner or partner and, if a | 6859 |
corporation, the names of the officers and directors; | 6860 |
(D) The county in which the business is to be conducted and | 6861 |
the address of each place of business therein; | 6862 |
(E) A financial statement of the applicant showing the true | 6863 |
financial condition as of a date not earlier than six months prior | 6864 |
to the date of the application; | 6865 |
(F) A statement of the previous history, record, and | 6866 |
association of the applicant and of each owner, partner, officer, | 6867 |
and director, which statement shall be sufficient to establish to | 6868 |
the satisfaction of the registrar the reputation in business of | 6869 |
the applicant; | 6870 |
(G) A statement showing whether the applicant has previously | 6871 |
been convicted of a | 6872 |
disqualifying offense as those terms are defined in section | 6873 |
4776.10 of the Revised Code; | 6874 |
(H) A statement showing whether the applicant has previously | 6875 |
applied for a license under this chapter and the result of the | 6876 |
application, and whether the applicant has ever been the holder of | 6877 |
any such license which was revoked or suspended; | 6878 |
(I) If the applicant is a corporation or partnership, a | 6879 |
statement showing whether any of the partners, officers, or | 6880 |
directors have been refused a license under this chapter, or have | 6881 |
been the holder of any such license which was revoked or | 6882 |
suspended. | 6883 |
Sec. 4738.07. | 6884 |
division (B) of this section, the registrar of motor vehicles | 6885 |
shall deny the application of any person for a license under this | 6886 |
chapter and refuse to issue | 6887 |
registrar finds that the applicant: | 6888 |
| 6889 |
individual's application; | 6890 |
| 6891 |
the Revised Code: | 6892 |
| 6893 |
on financial obligations; | 6894 |
| 6895 |
crime of moral turpitude or a disqualifying offense as defined in | 6896 |
section 4776.10 of the Revised Code; | 6897 |
| 6898 |
dealing in salvage motor vehicles or when operating as a motor | 6899 |
vehicle salvage dealer, salvage motor vehicle auction, or salvage | 6900 |
motor vehicle pool; | 6901 |
| 6902 |
| 6903 |
payment of any final judgments which might reasonably be entered | 6904 |
against | 6905 |
individual's business during the period of the license applied | 6906 |
for; | 6907 |
| 6908 |
| 6909 |
been denied a license under this chapter. | 6910 |
(B)(1) Except as otherwise provided in this division, the | 6911 |
registrar of motor vehicles may grant, but is not required to | 6912 |
grant, the application of any person for a license under this | 6913 |
chapter if the registrar finds that the applicant has been | 6914 |
convicted of or pleaded guilty to either of the following: | 6915 |
(a) A misdemeanor that is not a crime of moral turpitude or a | 6916 |
disqualifying offense less than a year prior to the person's | 6917 |
initial application; | 6918 |
(b) A felony that is not a crime of moral turpitude or a | 6919 |
disqualifying offense less than three years prior to the person's | 6920 |
application. | 6921 |
(2) The provisions in division (B)(1) of this section do not | 6922 |
apply with respect to any offense unless the registrar, prior to | 6923 |
the effective date of this amendment, was required or authorized | 6924 |
to deny the registration based on that offense. | 6925 |
(3) In considering a renewal of an individual's license, the | 6926 |
registrar shall not consider any conviction or plea of guilty | 6927 |
prior to the initial licensing. However, the registrar may | 6928 |
consider a conviction or plea of guilty if it occurred after the | 6929 |
individual was initially licensed, or after the most recent | 6930 |
license renewal. | 6931 |
(C) The registrar may grant a person a conditional license | 6932 |
that lasts for one year. After the one-year period has expired, | 6933 |
the license is no longer considered conditional, and the person | 6934 |
shall be considered fully licensed. | 6935 |
(D) If the applicant is a corporation or partnership, the | 6936 |
registrar may refuse to issue a license if any officer, director, | 6937 |
or partner of the applicant has been guilty of any act or omission | 6938 |
which would be cause for refusing or revoking a license issued to | 6939 |
the officer, director, or partner as an individual. The | 6940 |
registrar's finding may be based upon facts contained in the | 6941 |
application or upon any other information which he may have. | 6942 |
Immediately upon denying an application for any of the reasons in | 6943 |
this section, the registrar shall enter a final order together | 6944 |
with | 6945 |
motor vehicle salvage dealer's licensing board. | 6946 |
(E) If the registrar refuses an application for a license, | 6947 |
the reasons for such refusal shall be put in writing. An applicant | 6948 |
who has been refused a license may appeal from the action of the | 6949 |
registrar to the motor vehicle salvage dealer's licensing board in | 6950 |
the manner prescribed in section 4738.12 of the Revised Code. | 6951 |
(F) The registrar of motor vehicles shall not adopt, | 6952 |
maintain, renew, or enforce any rule, or otherwise preclude in any | 6953 |
way, an individual from receiving or renewing a license under this | 6954 |
chapter due to any past criminal activity or interpretation of | 6955 |
moral character, except as pursuant to division (A)(4), (5), and | 6956 |
(B) of this section. If the registrar denies an individual a | 6957 |
license or license renewal, the reasons for such denial shall be | 6958 |
put in writing. | 6959 |
Sec. 4740.05. (A) Each section of the Ohio construction | 6960 |
industry licensing board, other than the administrative section, | 6961 |
shall do all of the following: | 6962 |
(1) Adopt rules in accordance with Chapter 119. of the | 6963 |
Revised Code that are limited to the following: | 6964 |
(a) Criteria for the section to use in evaluating the | 6965 |
qualifications of an individual; | 6966 |
(b) Criteria for the section to use in deciding whether to | 6967 |
authorize the administrative section to issue, renew, suspend, | 6968 |
revoke, or refuse to issue or renew a license; | 6969 |
(c) The determinations and approvals the section makes under | 6970 |
the reciprocity provision of section 4740.08 of the Revised Code; | 6971 |
(d) Criteria for continuing education courses conducted | 6972 |
pursuant to this chapter; | 6973 |
(e) A requirement that persons seeking approval to provide | 6974 |
continuing education courses submit the required information to | 6975 |
the appropriate section of the board at least thirty days, but not | 6976 |
more than one year, prior to the date on which the course is | 6977 |
proposed to be offered; | 6978 |
(f) A prohibition against any person providing a continuing | 6979 |
education course unless the administrative section of the board | 6980 |
approved that person not more than one year prior to the date the | 6981 |
course is offered; | 6982 |
(g) A list of disqualifying offenses pursuant to sections | 6983 |
4740.06, 4740.10, and 4776.10 of the Revised Code. | 6984 |
(2) Investigate allegations in reference to violations of | 6985 |
this chapter and the rules adopted pursuant to it that pertain to | 6986 |
the section and determine by rule a procedure to conduct | 6987 |
investigations and hearings on these allegations; | 6988 |
(3) Maintain a record of its proceedings; | 6989 |
(4) Grant approval to a person to offer continuing education | 6990 |
courses pursuant to rules the board adopts; | 6991 |
(5) As required, do all things necessary to carry out this | 6992 |
chapter. | 6993 |
(B) In accordance with rules they establish, the trade | 6994 |
sections of the board shall authorize the administrative section | 6995 |
to issue, renew, suspend, revoke, or refuse to issue or renew | 6996 |
licenses for the classes of contractors for which each has primary | 6997 |
responsibility as set forth in section 4740.02 of the Revised | 6998 |
Code. | 6999 |
(C) Each trade section of the board shall establish or | 7000 |
approve a continuing education curriculum for license renewal for | 7001 |
each class of contractors for which the section has primary | 7002 |
responsibility. No curriculum may require more than five hours per | 7003 |
year in specific course requirements. No contractor may be | 7004 |
required to take more than ten hours per year in continuing | 7005 |
education courses. The ten hours shall be the aggregate of hours | 7006 |
of continuing education for all licenses the contractor holds. | 7007 |
Sec. 4740.06. (A) Any individual who applies for a license | 7008 |
shall file a written application with the appropriate section of | 7009 |
the Ohio construction industry licensing board, accompanied with | 7010 |
the application fee as determined pursuant to section 4740.09 of | 7011 |
the Revised Code. The individual shall file the application not | 7012 |
more than sixty days nor less than thirty days prior to the date | 7013 |
of the examination. The application shall be on the form the | 7014 |
section prescribes and verified by the applicant's oath. The | 7015 |
applicant shall provide information satisfactory to the section | 7016 |
showing that the applicant meets the requirements of division (B) | 7017 |
of this section. | 7018 |
(B) To qualify to take an examination, an individual shall: | 7019 |
(1) Be at least eighteen years of age; | 7020 |
(2) Be a United States citizen or legal alien who produces | 7021 |
valid documentation to demonstrate the individual is a legal | 7022 |
resident of the United States; | 7023 |
(3) Either have been a tradesperson in the type of licensed | 7024 |
trade for which the application is filed for not less than five | 7025 |
years immediately prior to the date the application is filed, be a | 7026 |
currently registered engineer in this state with three years of | 7027 |
business experience in the construction industry in the trade for | 7028 |
which the engineer is applying to take an examination, or have | 7029 |
other experience acceptable to the appropriate section of the | 7030 |
board; | 7031 |
(4) Maintain contractor's liability insurance, including | 7032 |
without limitation, complete operations coverage, in an amount the | 7033 |
appropriate section of the board determines; | 7034 |
(5) Not have done any of the following: | 7035 |
(a) Been convicted of or pleaded guilty to a | 7036 |
7037 | |
disqualifying offense as those terms are defined in section | 7038 |
4776.10 of the Revised Code; | 7039 |
(b) Violated this chapter or any rule adopted pursuant to it; | 7040 |
(c) Obtained or renewed a license issued pursuant to this | 7041 |
chapter, or any order, ruling, or authorization of the board or a | 7042 |
section of the board by fraud, misrepresentation, or deception; | 7043 |
(d) Engaged in fraud, misrepresentation, or deception in the | 7044 |
conduct of business. | 7045 |
(C) When an applicant for licensure as a contractor in a | 7046 |
licensed trade meets the qualifications set forth in division (B) | 7047 |
of this section and passes the required examination, the | 7048 |
appropriate section of the board, within ninety days after the | 7049 |
application was filed, shall authorize the administrative section | 7050 |
of the board to license the applicant for the type of contractor's | 7051 |
license for which the applicant qualifies. A section of the board | 7052 |
may withdraw its authorization to the administrative section for | 7053 |
issuance of a license for good cause shown, on the condition that | 7054 |
notice of that withdrawal is given prior to the administrative | 7055 |
section's issuance of the license. | 7056 |
(D) All licenses a contractor holds pursuant to this chapter | 7057 |
shall expire annually on the same date, which shall be the | 7058 |
expiration date of the original license the contractor holds. An | 7059 |
individual holding a valid, unexpired license may renew the | 7060 |
license, without reexamination, by submitting an application to | 7061 |
the appropriate section of the board not more than ninety calendar | 7062 |
days before the expiration of the license, along with the renewal | 7063 |
fee the section requires and proof of compliance with the | 7064 |
applicable continuing education requirements. The applicant shall | 7065 |
provide information in the renewal application satisfactory to | 7066 |
demonstrate to the appropriate section that the applicant | 7067 |
continues to meet the requirements of division (B) of this | 7068 |
section. | 7069 |
Upon application and within one calendar year after a license | 7070 |
has expired, a section may waive any of the requirements for | 7071 |
renewal of a license upon finding that an applicant substantially | 7072 |
meets the renewal requirements or that failure to timely apply for | 7073 |
renewal is due to excusable neglect. A section that waives | 7074 |
requirements for renewal of a license may impose conditions upon | 7075 |
the licensee and assess a late filing fee of not more than double | 7076 |
the usual renewal fee. An applicant shall satisfy any condition | 7077 |
the section imposes before a license is reissued. | 7078 |
(E) An individual holding a valid license may request the | 7079 |
section of the board that authorized that license to place the | 7080 |
license in inactive status under conditions, and for a period of | 7081 |
time, as that section determines. | 7082 |
(F) Except for the ninety-day extension provided for a | 7083 |
license assigned to a business entity under division (D) of | 7084 |
section 4740.07 of the Revised Code, a license held by an | 7085 |
individual immediately terminates upon the death of the | 7086 |
individual. | 7087 |
(G) Nothing in any license issued by the Ohio construction | 7088 |
industry licensing board shall be construed to limit or eliminate | 7089 |
any requirement of or any license issued by the Ohio fire marshal. | 7090 |
(H)(1) Subject to divisions (H)(2), (3), and (4) of this | 7091 |
section, no trade section of the board shall adopt, maintain, | 7092 |
renew, or enforce any rule, or otherwise preclude in any way, an | 7093 |
individual from receiving or renewing a license under this chapter | 7094 |
due to any past criminal activity or interpretation of moral | 7095 |
character, except as pursuant to division (B)(5)(a) of this | 7096 |
section. If the section denies an individual a license or license | 7097 |
renewal, the reasons for such denial shall be put in writing. | 7098 |
(2) Except as otherwise provided in this division, if an | 7099 |
individual applying for a license has been convicted of or pleaded | 7100 |
guilty to a misdemeanor that is not a crime of moral turpitude or | 7101 |
a disqualifying offense less than one year prior to making the | 7102 |
application, the section may use its discretion in granting or | 7103 |
denying the individual a license. Except as otherwise provided in | 7104 |
this division, if an individual applying for a license has been | 7105 |
convicted of or pleaded guilty to a felony that is not a crime of | 7106 |
moral turpitude or a disqualifying offense less than three years | 7107 |
prior to making the application, the section may use its | 7108 |
discretion in granting or denying the individual a license. The | 7109 |
provisions in this paragraph do not apply with respect to any | 7110 |
offense unless the section, prior to the effective date of this | 7111 |
amendment, was required or authorized to deny the application | 7112 |
based on that offense. | 7113 |
In all other circumstances, the section shall follow the | 7114 |
procedures it adopts by rule that conform to division (H)(1) of | 7115 |
this section. | 7116 |
(3) In considering a renewal of an individual's license, the | 7117 |
section shall not consider any conviction or plea of guilty prior | 7118 |
to the initial licensing. However, the board may consider a | 7119 |
conviction or plea of guilty if it occurred after the individual | 7120 |
was initially licensed, or after the most recent license renewal. | 7121 |
(4) The section may grant an individual a conditional license | 7122 |
that lasts for one year. After the one-year period has expired, | 7123 |
the license is no longer considered conditional, and the | 7124 |
individual shall be considered fully licensed. | 7125 |
Sec. 4740.10. (A) The appropriate section of the Ohio | 7126 |
construction industry licensing board, upon an affirmative vote of | 7127 |
four of its members, may take any of the following actions against | 7128 |
a licensee who violates Chapter 4740. of the Revised Code: | 7129 |
(1) Impose a fine on the licensee, not exceeding one thousand | 7130 |
dollars per violation per day; | 7131 |
(2) Direct the administrative section to suspend the | 7132 |
licensee's license for a period of time the section establishes; | 7133 |
(3) Direct the administrative section to revoke the | 7134 |
licensee's license; | 7135 |
(4) Require the licensee to complete additional continuing | 7136 |
education course work. Any continuing education course work | 7137 |
completed pursuant to this division may not count toward any other | 7138 |
continuing education requirements this chapter establishes. | 7139 |
(5) Direct the administrative section to refuse to issue or | 7140 |
renew a license if the section finds that the applicant or | 7141 |
licensee has done any of the following: | 7142 |
(a) Been convicted of a | 7143 |
turpitude or a | 7144 |
defined in section 4776.10 of the Revised Code; | 7145 |
(b) Violated any provision of this chapter or the rules | 7146 |
adopted pursuant thereto; | 7147 |
(c) Obtained a license or any order, ruling, or authorization | 7148 |
of the board by fraud, misrepresentation, or deception; | 7149 |
(d) Engaged in fraud, misrepresentation, or deception in the | 7150 |
conduct of business. | 7151 |
(B) The appropriate section of the board shall determine the | 7152 |
length of time that a license is to be suspended and whether or | 7153 |
when an individual whose license has been revoked may apply for | 7154 |
reinstatement. The appropriate section of the board may accept or | 7155 |
refuse an application for reinstatement and may require an | 7156 |
examination for reinstatement. | 7157 |
(C) The appropriate section of the board may investigate any | 7158 |
alleged violation of this chapter or the rules adopted pursuant to | 7159 |
it. If, after an investigation, a section determines that any | 7160 |
person has engaged or is engaging in any practice that violates | 7161 |
this chapter or the rules adopted pursuant to it, that section may | 7162 |
apply to the court of common pleas of the county in which the | 7163 |
violation occurred or is occurring for an injunction or other | 7164 |
appropriate relief to enjoin or terminate the violation. | 7165 |
(D) Any person who wishes to make a complaint against a | 7166 |
person who holds a license shall submit the complaint in writing | 7167 |
to the appropriate section of the board within three years after | 7168 |
the date of the action or event upon which the complaint is based. | 7169 |
Sec. 4747.04. The hearing aid dealers and fitters licensing | 7170 |
board shall meet annually to elect a | 7171 |
7172 | |
chairperson in the absence of the
| 7173 |
of the board constitutes a quorum. The board shall meet when | 7174 |
called by the | 7175 |
(A) Adopt rules for the transaction of its business; | 7176 |
(B) Design and prepare qualifying examinations for licensing | 7177 |
of hearing aid dealers, fitters, and trainees; | 7178 |
(C) Determine whether persons holding similar valid licenses | 7179 |
from other states or jurisdictions shall be required to take and | 7180 |
successfully pass the appropriate qualifying examination as a | 7181 |
condition for licensing in this state; | 7182 |
(D) Determine whether charges made against any licensee | 7183 |
warrant a hearing before the board; | 7184 |
(E) Hold hearings to determine the truth and circumstances of | 7185 |
all charges filed in writing with the board against any licensee | 7186 |
and determine whether any license held by any person shall be | 7187 |
revoked, suspended, or reissued; | 7188 |
(F) Determine and specify the length of time each license | 7189 |
that is suspended or revoked shall remain suspended or revoked; | 7190 |
(G) Advise and assist the department of health in all matters | 7191 |
relating to this chapter; | 7192 |
(H) Deposit all payments collected under this chapter into | 7193 |
the general operations fund created under section 3701.83 of the | 7194 |
Revised Code to be used in administering and enforcing this | 7195 |
chapter; | 7196 |
(I) Establish a list of disqualifying offenses for licensure | 7197 |
as a hearing aid dealer or fitter, or for a hearing aid dealer or | 7198 |
fitter trainee permit, pursuant to sections 4747.05, 4747.10, | 7199 |
4747.12, and 4776.10 of the Revised Code. | 7200 |
Nothing in this section shall be interpreted as granting to | 7201 |
the hearing aid dealers and fitters licensing board the right to | 7202 |
restrict advertising which is not false or misleading, or to | 7203 |
prohibit or in any way restrict a hearing aid dealer or fitter | 7204 |
from renting or leasing space from any person, firm or corporation | 7205 |
in a mercantile establishment for the purpose of using such space | 7206 |
for the lawful sale of hearing aids or to prohibit a mercantile | 7207 |
establishment from selling hearing aids if the sale would be | 7208 |
otherwise lawful under this chapter. | 7209 |
Sec. 4747.05. (A) The hearing aid dealers and fitters | 7210 |
licensing board shall issue to each applicant, within sixty days | 7211 |
of receipt of a properly completed application and payment of two | 7212 |
hundred sixty-two dollars, a hearing aid dealer's or fitter's | 7213 |
license if the applicant, if an individual: | 7214 |
(1) Is at least eighteen years of age; | 7215 |
(2) | 7216 |
disqualifying offense or a crime of moral turpitude, as those | 7217 |
terms are defined in section 4776.10 of the Revised Code; | 7218 |
(3) Is free of contagious or infectious disease; | 7219 |
(4) Has successfully passed a qualifying examination | 7220 |
specified and administered by the board. | 7221 |
(B) If the applicant is a firm, partnership, association, or | 7222 |
corporation, the application, in addition to such information as | 7223 |
the board requires, shall be accompanied by an application for a | 7224 |
license for each person, whether owner or employee, of the firm, | 7225 |
partnership, association, or corporation, who engages in dealing | 7226 |
in or fitting of hearing aids, or shall contain a statement that | 7227 |
such applications are submitted separately. No firm, partnership, | 7228 |
association, or corporation licensed pursuant to this chapter | 7229 |
shall permit any unlicensed person to sell or fit hearing aids. | 7230 |
(C)(1) Subject to divisions (C)(2), (3), and (4) of this | 7231 |
section, the board shall not adopt, maintain, renew, or enforce | 7232 |
any rule that precludes an individual from receiving or renewing a | 7233 |
license issued under this chapter due to any past criminal | 7234 |
activity or interpretation of moral character, unless the | 7235 |
individual has committed a crime of moral turpitude or a | 7236 |
disqualifying offense as those terms are defined in section | 7237 |
4776.10 of the Revised Code. If the board denies an individual a | 7238 |
license or license renewal, the reasons for such denial shall be | 7239 |
put in writing. | 7240 |
(2) Except as otherwise provided in this division, if an | 7241 |
individual applying for a license has been convicted of or pleaded | 7242 |
guilty to a misdemeanor that is not a crime of moral turpitude or | 7243 |
a disqualifying offense less than one year prior to making the | 7244 |
application, the board may use the board's discretion in granting | 7245 |
or denying the individual a license. Except as otherwise provided | 7246 |
in this division, if an individual applying for a license has been | 7247 |
convicted of or pleaded guilty to a felony that is not a crime of | 7248 |
moral turpitude or a disqualifying offense less than three years | 7249 |
prior to making the application, the board may use the board's | 7250 |
discretion in granting or denying the individual a license. The | 7251 |
provisions in this paragraph do not apply with respect to any | 7252 |
offense unless the board, prior to the effective date of this | 7253 |
amendment, was required or authorized to deny the application | 7254 |
based on that offense. | 7255 |
In all other circumstances, the board shall follow the | 7256 |
procedures it adopts by rule that conform to division (C)(1) of | 7257 |
this section. | 7258 |
(3) In considering a renewal of an individual's license, the | 7259 |
board shall not consider any conviction or plea of guilty prior to | 7260 |
the initial licensing. However, the board may consider a | 7261 |
conviction or plea of guilty if it occurred after the individual | 7262 |
was initially licensed, or after the most recent license renewal. | 7263 |
(4) The board may grant an individual a conditional license | 7264 |
that lasts for one year. After the one-year period has expired, | 7265 |
the license is no longer considered conditional, and the | 7266 |
individual shall be considered fully licensed. | 7267 |
(D) Each license issued expires on the thirtieth day of | 7268 |
January of the year following that in which it was issued. | 7269 |
Sec. 4747.10. Each person currently engaged in training to | 7270 |
become a licensed hearing aid dealer or fitter shall apply to the | 7271 |
hearing aid dealers and fitters licensing board for a hearing aid | 7272 |
dealer's and fitter's trainee permit. The board shall issue to | 7273 |
each applicant within thirty days of receipt of a properly | 7274 |
completed application and payment of one hundred fifty dollars, a | 7275 |
trainee permit if such applicant | 7276 |
criteria: | 7277 |
(A) | 7278 |
(B) | 7279 |
school, or possesses an equivalent education; | 7280 |
(C) | 7281 |
disqualifying offense or a crime of moral turpitude, as those | 7282 |
terms are defined in section 4776.10 of the Revised Code; | 7283 |
(D) | 7284 |
Subject to the next paragraph, the board shall not deny a | 7285 |
trainee permit issued under this section to any individual based | 7286 |
on the individual's past criminal history or an interpretation of | 7287 |
moral character unless the individual has committed a | 7288 |
disqualifying offense or crime of moral turpitude as those terms | 7289 |
are defined in section 4776.10 of the Revised Code. Except as | 7290 |
otherwise provided in this paragraph, if an individual applying | 7291 |
for a trainee permit has been convicted of or pleaded guilty to a | 7292 |
misdemeanor that is not a crime of moral turpitude or a | 7293 |
disqualifying offense less than one year prior to making the | 7294 |
application, the board may use the board's discretion in granting | 7295 |
or denying the individual a trainee permit. Except as otherwise | 7296 |
provided in this paragraph, if an individual applying for a | 7297 |
trainee permit has been convicted of or pleaded guilty to a felony | 7298 |
that is not a crime of moral turpitude or a disqualifying offense | 7299 |
less than three years prior to making the application, the board | 7300 |
may use the board's discretion in granting or denying the | 7301 |
individual a trainee permit. The provisions in this paragraph do | 7302 |
not apply with respect to any offense unless the board, prior to | 7303 |
the effective date of this amendment, was required or authorized | 7304 |
to deny the application based on that offense. | 7305 |
In all other circumstances not described in the preceding | 7306 |
paragraph, the board shall follow the procedures it adopts by rule | 7307 |
that conform to this section. | 7308 |
In considering a renewal of an individual's trainee permit, | 7309 |
the board shall not consider any conviction or plea of guilty | 7310 |
prior to the issuance of the initial trainee permit. However, the | 7311 |
board may consider a conviction or plea of guilty if it occurred | 7312 |
after the individual was initially granted the trainee permit, or | 7313 |
after the most recent trainee permit renewal. If the board denies | 7314 |
an individual for a trainee permit or renewal, the reasons for | 7315 |
such denial shall be put in writing. Additionally, the board may | 7316 |
grant an individual a conditional trainee permit that lasts for | 7317 |
one year. After the one-year period has expired, the permit is no | 7318 |
longer considered conditional, and the individual shall be | 7319 |
considered to be granted a full trainee permit. | 7320 |
Each trainee permit issued by the board expires one year from | 7321 |
the date it was first issued, and may be renewed once if the | 7322 |
trainee has not successfully completed the qualifying requirements | 7323 |
for licensing as a hearing aid dealer or fitter before the | 7324 |
expiration date of such permit. The board shall issue a renewed | 7325 |
permit to each applicant upon receipt of a properly completed | 7326 |
application and payment of one hundred five dollars. No person | 7327 |
holding a trainee permit shall engage in the practice of dealing | 7328 |
in or fitting of hearing aids except while under supervision by a | 7329 |
licensed hearing aid dealer or fitter. | 7330 |
Sec. 4747.12. The hearing aid dealers and fitters licensing | 7331 |
board may revoke or suspend a license or permit if the person who | 7332 |
holds such license or permit: | 7333 |
(A) Is convicted of a | 7334 |
7335 | |
defined in section 4776.10 of the Revised Code. The record of | 7336 |
conviction, or a copy thereof certified by the clerk of the court | 7337 |
or by the judge in whose court the conviction occurs, is | 7338 |
conclusive evidence of such conviction; | 7339 |
(B) Procured a license or permit by fraud or deceit practiced | 7340 |
upon the board; | 7341 |
(C) Obtained any fee or made any sale of a hearing aid by | 7342 |
fraud or misrepresentation; | 7343 |
(D) Knowingly employed any person without a license or a | 7344 |
person whose license was suspended or revoked to engage in the | 7345 |
fitting or sale of hearing aids; | 7346 |
(E) Used or caused or promoted the use of any advertising | 7347 |
matter, promotional literature, testimonial, guarantee, warranty, | 7348 |
label, brand, insignia, or any other representation, however | 7349 |
disseminated or published, which is misleading, deceptive, or | 7350 |
untruthful; | 7351 |
(F) Advertised a particular model or type of hearing aid for | 7352 |
sale when purchasers or prospective purchasers responding to the | 7353 |
advertisement cannot purchase the specified model or type of | 7354 |
hearing aid; | 7355 |
(G) Represented or advertised that the service or advice of a | 7356 |
person licensed to practice medicine will be used or made | 7357 |
available in the selection, fitting, adjustment, maintenance, or | 7358 |
repair of hearing aids when such is not true, or using the words | 7359 |
"doctor," "clinic," or similar words, abbreviations, or symbols | 7360 |
which connote the medical profession when such use is not | 7361 |
accurate; | 7362 |
(H) Is found by the board to be a person of habitual | 7363 |
intemperance or gross immorality; | 7364 |
(I) Advertised a manufacturer's product or used a | 7365 |
manufacturer's name or trademark in a manner which suggested the | 7366 |
existence of a relationship with the manufacturer which did not or | 7367 |
does not exist; | 7368 |
(J) Fitted or sold, or attempted to fit or sell, a hearing | 7369 |
aid to a person without first utilizing the appropriate procedures | 7370 |
and instruments required for proper fitting of hearing aids; | 7371 |
(K) Engaged in the fitting and sale of hearing aids under a | 7372 |
false name or an alias; | 7373 |
(L) Engaged in the practice of dealing in or fitting of | 7374 |
hearing aids while suffering from a contagious or infectious | 7375 |
disease; | 7376 |
(M) Was found by the board to be guilty of gross incompetence | 7377 |
or negligence in the fitting or sale of hearing aids; | 7378 |
(N) Permitted another person to use | 7379 |
license. | 7380 |
Sec. 4749.03. (A)(1) Any individual, including a partner in | 7381 |
a partnership, may be licensed as a private investigator under a | 7382 |
class B license, or as a security guard provider under a class C | 7383 |
license, or as a private investigator and a security guard | 7384 |
provider under a class A license, if the individual meets all of | 7385 |
the following requirements: | 7386 |
(a) Has a good reputation for integrity, has not been | 7387 |
convicted of a | 7388 |
4776.10 of the Revised Code within the last | 7389 |
any | 7390 |
defined in section 4776.10 of the Revised Code, and has not been | 7391 |
adjudicated incompetent for the purpose of holding the license, as | 7392 |
provided in section 5122.301 of the Revised Code, without having | 7393 |
been restored to legal capacity for that purpose. | 7394 |
(b) Depending upon the class of license for which application | 7395 |
is made, for a continuous period of at least two years immediately | 7396 |
preceding application for a license, has been engaged in | 7397 |
investigatory or security services work for a law enforcement or | 7398 |
other public agency engaged in investigatory activities, or for a | 7399 |
private investigator or security guard provider, or engaged in the | 7400 |
practice of law, or has acquired equivalent experience as | 7401 |
determined by rule of the director of public safety. | 7402 |
(c) Demonstrates competency as a private investigator or | 7403 |
security guard provider by passing an examination devised for this | 7404 |
purpose by the director, except that any individually licensed | 7405 |
person who qualifies a corporation for licensure shall not be | 7406 |
required to be reexamined if the person qualifies the corporation | 7407 |
in the same capacity that the person was individually licensed. | 7408 |
(d) Submits evidence of comprehensive general liability | 7409 |
insurance coverage, or other equivalent guarantee approved by the | 7410 |
director in such form and in principal amounts satisfactory to the | 7411 |
director, but not less than one hundred thousand dollars for each | 7412 |
person and three hundred thousand dollars for each occurrence for | 7413 |
bodily injury liability, and one hundred thousand dollars for | 7414 |
property damage liability. | 7415 |
(e) Pays the requisite examination and license fees. | 7416 |
(2) A corporation may be licensed as a private investigator | 7417 |
under a class B license, or as a security guard provider under a | 7418 |
class C license, or as a private investigator and a security guard | 7419 |
provider under a class A license, if an application for licensure | 7420 |
is filed by an officer of the corporation and the officer, another | 7421 |
officer, or the qualifying agent of the corporation satisfies the | 7422 |
requirements of divisions (A)(1) and (F)(1) of this section. | 7423 |
Officers and the statutory agent of a corporation shall be | 7424 |
determined in accordance with Chapter 1701. of the Revised Code. | 7425 |
(3) At least one partner in a partnership shall be licensed | 7426 |
as a private investigator, or as a security guard provider, or as | 7427 |
a private investigator and a security guard provider. Partners in | 7428 |
a partnership shall be determined as provided for in Chapter 1775. | 7429 |
or 1776. of the Revised Code. | 7430 |
(B) An application for a class A, B, or C license shall be | 7431 |
completed in the form the director prescribes. In the case of an | 7432 |
individual, the application shall state the applicant's name, | 7433 |
birth date, citizenship, physical description, current residence, | 7434 |
residences for the preceding ten years, current employment, | 7435 |
employment for the preceding seven years, experience | 7436 |
qualifications, the location of each of the applicant's offices in | 7437 |
this state, and any other information that is necessary in order | 7438 |
for the director to comply with the requirements of this chapter. | 7439 |
In the case of a corporation, the application shall state the name | 7440 |
of the officer or qualifying agent filing the application; the | 7441 |
state in which the corporation is incorporated and the date of | 7442 |
incorporation; the states in which the corporation is authorized | 7443 |
to transact business; the name of its qualifying agent; the name | 7444 |
of the officer or qualifying agent of the corporation who | 7445 |
satisfies the requirements of divisions (A)(1) and (F)(1) of this | 7446 |
section and the birth date, citizenship, physical description, | 7447 |
current residence, residences for the preceding ten years, current | 7448 |
employment, employment for the preceding seven years, and | 7449 |
experience qualifications of that officer or qualifying agent; and | 7450 |
other information that the director requires. A corporation may | 7451 |
specify in its application information relative to one or more | 7452 |
individuals who satisfy the requirements of divisions (A)(1) and | 7453 |
(F)(1) of this section. | 7454 |
The application described in this division shall be | 7455 |
accompanied by all of the following: | 7456 |
(1) One recent full-face photograph of the applicant or, in | 7457 |
the case of a corporation, of each officer or qualifying agent | 7458 |
specified in the application as satisfying the requirements of | 7459 |
divisions (A)(1) and (F)(1) of this section; | 7460 |
(2) Character references from at least five reputable | 7461 |
citizens for the applicant or, in the case of a corporation, for | 7462 |
each officer or qualifying agent specified in the application as | 7463 |
satisfying the requirements of divisions (A)(1) and (F)(1) of this | 7464 |
section, each of whom has known the applicant, officer, or | 7465 |
qualifying agent for at least five years preceding the | 7466 |
application, and none of whom are connected with the applicant, | 7467 |
officer, or qualifying agent by blood or marriage; | 7468 |
(3) An examination fee of twenty-five dollars for the | 7469 |
applicant or, in the case of a corporation, for each officer or | 7470 |
qualifying agent specified in the application as satisfying the | 7471 |
requirements of divisions (A)(1) and (F)(1) of this section, and a | 7472 |
license fee in the amount the director determines, not to exceed | 7473 |
three hundred seventy-five dollars. The license fee shall be | 7474 |
refunded if a license is not issued. | 7475 |
(C)(1) Each individual applying for a license and each | 7476 |
individual specified by a corporation as an officer or qualifying | 7477 |
agent in an application shall submit one complete set of | 7478 |
fingerprints directly to the superintendent of the bureau of | 7479 |
criminal identification and investigation for the purpose of | 7480 |
conducting a criminal records check. The individual shall provide | 7481 |
the fingerprints using a method the superintendent prescribes | 7482 |
pursuant to division (C)(2) of section 109.572 of the Revised Code | 7483 |
and fill out the form the superintendent prescribes pursuant to | 7484 |
division (C)(1) of section 109.572 of the Revised Code. An | 7485 |
applicant who intends to carry a firearm as defined in section | 7486 |
2923.11 of the Revised Code in the course of business or | 7487 |
employment shall so notify the superintendent. This notification | 7488 |
is in addition to any other requirement related to carrying a | 7489 |
firearm that applies to the applicant. The individual or | 7490 |
corporation requesting the criminal records check shall pay the | 7491 |
fee the superintendent prescribes. | 7492 |
(2) The superintendent shall conduct the criminal records | 7493 |
check as set forth in division (B) of section 109.572 of the | 7494 |
Revised Code. If an applicant intends to carry a firearm in the | 7495 |
course of business or employment, the superintendent shall make a | 7496 |
request to the federal bureau of investigation for any information | 7497 |
and review the information the bureau provides pursuant to | 7498 |
division (B)(2) of section 109.572 of the Revised Code. The | 7499 |
superintendent shall submit all results of the completed | 7500 |
investigation to the director of public safety. | 7501 |
(3) If the director determines that the applicant, officer, | 7502 |
or qualifying agent meets the requirements of divisions (A)(1)(a), | 7503 |
(b), and (d) of this section and that an officer or qualifying | 7504 |
agent meets the requirement of division (F)(1) of this section, | 7505 |
the director shall notify the applicant, officer, or agent of the | 7506 |
time and place for the examination. If the director determines | 7507 |
that an applicant does not meet the requirements of divisions | 7508 |
(A)(1)(a), (b), and (d) of this section, the director shall notify | 7509 |
the applicant that the applicant's application is refused and | 7510 |
refund the license fee. If the director determines that none of | 7511 |
the individuals specified in the application of a corporation as | 7512 |
satisfying the requirements of divisions (A)(1) and (F)(1) of this | 7513 |
section meet the requirements of divisions (A)(1)(a), (b), and (d) | 7514 |
and (F)(1) of this section, the director shall notify the | 7515 |
corporation that its application is refused and refund the license | 7516 |
fee. If the bureau assesses the director a fee for any | 7517 |
investigation, the director, in addition to any other fee assessed | 7518 |
pursuant to this chapter, may assess the applicant, officer, or | 7519 |
qualifying agent, as appropriate, a fee that is equal to the fee | 7520 |
assessed by the bureau. | 7521 |
(4)(a) Subject to divisions (C)(4)(b), (c), and (d) of this | 7522 |
section, the director shall not adopt, maintain, renew, or enforce | 7523 |
any rule, or otherwise preclude in any way, an individual from | 7524 |
receiving or renewing a license under this chapter due to any past | 7525 |
criminal activity or interpretation of moral character, except as | 7526 |
pursuant to division (A)(1)(a) of this section. If the director | 7527 |
denies an individual a license or license renewal, the reasons for | 7528 |
such denial shall be put in writing. | 7529 |
(b) Except as otherwise provided in this division, if an | 7530 |
individual applying for a license has been convicted of or pleaded | 7531 |
guilty to a misdemeanor that is not a crime of moral turpitude or | 7532 |
a disqualifying offense less than one year prior to making the | 7533 |
application, the director may use the director's discretion in | 7534 |
granting or denying the individual a license. Except as otherwise | 7535 |
provided in this division, if an individual applying for a license | 7536 |
has been convicted of or pleaded guilty to a felony that is not a | 7537 |
crime of moral turpitude or a disqualifying offense less than | 7538 |
three years prior to making the application, the director may use | 7539 |
the director's discretion in granting or denying the individual a | 7540 |
license. The provisions in this paragraph do not apply with | 7541 |
respect to any offense unless the director, prior to the effective | 7542 |
date of this amendment, was required or authorized to deny the | 7543 |
application based on that offense. | 7544 |
In all other circumstances, the director shall follow the | 7545 |
procedures the director adopts by rule that conform to division | 7546 |
(C)(4)(a) of this section. | 7547 |
(c) In considering a renewal of an individual's license, the | 7548 |
director shall not consider any conviction or plea of guilty prior | 7549 |
to the initial licensing. However, the director may consider a | 7550 |
conviction or plea of guilty if it occurred after the individual | 7551 |
was initially licensed, or after the most recent license renewal. | 7552 |
(d) The director may grant an individual a conditional | 7553 |
license that lasts for one year. After the one-year period has | 7554 |
expired, the license is no longer considered conditional, and the | 7555 |
individual shall be considered fully licensed. | 7556 |
(D) If upon application, investigation, and examination, the | 7557 |
director finds that the applicant or, in the case of a | 7558 |
corporation, any officer or qualifying agent specified in the | 7559 |
application as satisfying the requirements of divisions (A)(1) and | 7560 |
(F)(1) of this section, meets the applicable requirements, the | 7561 |
director shall issue the applicant or the corporation a class A, | 7562 |
B, or C license. The director also shall issue an identification | 7563 |
card to an applicant, but not an officer or qualifying agent of a | 7564 |
corporation, who meets the applicable requirements. The license | 7565 |
and identification card shall state the licensee's name, the | 7566 |
classification of the license, the location of the licensee's | 7567 |
principal place of business in this state, and the expiration date | 7568 |
of the license, and, in the case of a corporation, it also shall | 7569 |
state the name of each officer or qualifying agent who satisfied | 7570 |
the requirements of divisions (A)(1) and (F)(1) of this section. | 7571 |
Licenses expire on the first day of March following the date | 7572 |
of initial issue, and on the first day of March of each year | 7573 |
thereafter. Annual renewals shall be according to the standard | 7574 |
renewal procedures contained in Chapter 4745. of the Revised Code, | 7575 |
upon payment of an annual renewal fee the director determines, not | 7576 |
to exceed two hundred seventy-five dollars. No license shall be | 7577 |
renewed if the licensee or, in the case of a corporation, each | 7578 |
officer or qualifying agent who qualified the corporation for | 7579 |
licensure no longer meets the applicable requirements of this | 7580 |
section. No license shall be renewed unless the licensee provides | 7581 |
evidence of workers' compensation risk coverage and unemployment | 7582 |
compensation insurance coverage, other than for clerical employees | 7583 |
and excepting sole proprietors who are exempted therefrom, as | 7584 |
provided for in Chapters 4123. and 4141. of the Revised Code, | 7585 |
respectively, as well as the licensee's state tax identification | 7586 |
number. No reexamination shall be required for renewal of a | 7587 |
current license. | 7588 |
For purposes of this chapter, a class A, B, or C license | 7589 |
issued to a corporation shall be considered as also having | 7590 |
licensed the individuals who qualified the corporation for | 7591 |
licensure, for as long as they are associated with the | 7592 |
corporation. | 7593 |
For purposes of this division, "sole proprietor" means an | 7594 |
individual licensed under this chapter who does not employ any | 7595 |
other individual. | 7596 |
(E) The director may issue a duplicate copy of a license | 7597 |
issued under this section for the purpose of replacement of a | 7598 |
lost, spoliated, or destroyed license, upon payment of a fee the | 7599 |
director determines, not exceeding twenty-five dollars. Any change | 7600 |
in license classification requires new application and application | 7601 |
fees. | 7602 |
(F)(1) In order to qualify a corporation for a class A, B, or | 7603 |
C license, an officer or qualifying agent may qualify another | 7604 |
corporation for similar licensure, provided that the officer or | 7605 |
qualifying agent is actively engaged in the business of both | 7606 |
corporations. | 7607 |
(2) Each officer or qualifying agent who qualifies a | 7608 |
corporation for class A, B, or C licensure shall surrender any | 7609 |
personal license of a similar nature that the officer or | 7610 |
qualifying agent possesses. | 7611 |
(3) Upon written notification to the director, completion of | 7612 |
an application similar to that for original licensure, surrender | 7613 |
of the corporation's current license, and payment of a | 7614 |
twenty-five-dollar fee, a corporation's class A, B, or C license | 7615 |
may be transferred to another corporation. | 7616 |
(4) Upon written notification to the director, completion of | 7617 |
an application similar to that for an individual seeking class A, | 7618 |
B, or C licensure, payment of a twenty-five-dollar fee, and, if | 7619 |
the individual was the only individual that qualified a | 7620 |
corporation for licensure, surrender of the corporation's license, | 7621 |
any officer or qualifying agent who qualified a corporation for | 7622 |
licensure under this chapter may obtain a similar license in the | 7623 |
individual's own name without reexamination. A request by an | 7624 |
officer or qualifying agent for an individual license shall not | 7625 |
affect a corporation's license unless the individual is the only | 7626 |
individual that qualified the corporation for licensure or all the | 7627 |
other individuals who qualified the corporation for licensure | 7628 |
submit such requests. | 7629 |
(G) If a corporation is for any reason no longer associated | 7630 |
with an individual who qualified it for licensure under this | 7631 |
chapter, an officer of the corporation shall notify the director | 7632 |
of that fact by certified mail, return receipt requested, within | 7633 |
ten days after the association terminates. If the notification is | 7634 |
so given, the individual was the only individual that qualified | 7635 |
the corporation for licensure, and the corporation submits the | 7636 |
name of another officer or qualifying agent to qualify the | 7637 |
corporation for the license within thirty days after the | 7638 |
association terminates, the corporation may continue to operate in | 7639 |
the business of private investigation, the business of security | 7640 |
services, or both businesses in this state under that license for | 7641 |
ninety days after the association terminates. If the officer or | 7642 |
qualifying agent whose name is submitted satisfies the | 7643 |
requirements of divisions (A)(1) and (F)(1) of this section, the | 7644 |
director shall issue a new license to the corporation within that | 7645 |
ninety-day period. The names of more than one individual may be | 7646 |
submitted. | 7647 |
Sec. 4749.04. (A) The director of public safety may revoke, | 7648 |
suspend, or refuse to renew, when a renewal form has been | 7649 |
submitted, the license of any private investigator or security | 7650 |
guard provider, or the registration of any employee of a private | 7651 |
investigator or security guard provider, for any of the following: | 7652 |
(1) Violation of any of the provisions of division (B) or (C) | 7653 |
of section 4749.13 of the Revised Code; | 7654 |
(2) Conviction of a | 7655 |
defined in section 4776.10 of the Revised Code if the offense | 7656 |
occurred within the last three years; | 7657 |
(3) Conviction of a crime involving moral turpitude as | 7658 |
defined in section 4776.10 of the Revised Code; | 7659 |
(4) Conviction of an offense that occurred after the | 7660 |
individual was initially licensed, or after the most recent | 7661 |
renewal. | 7662 |
| 7663 |
private investigators, the business of private investigation, | 7664 |
security guard providers, or the business of security services; | 7665 |
| 7666 |
in any judicial proceeding; | 7667 |
| 7668 |
division (D) of section 4749.03 of the Revised Code. | 7669 |
Any person whose license or registration is revoked, | 7670 |
suspended, or not renewed when a renewal form is submitted may | 7671 |
appeal in accordance with Chapter 119. of the Revised Code. | 7672 |
(B) In lieu of suspending, revoking, or refusing to renew the | 7673 |
class A, B, or C license, or of suspending, revoking, or refusing | 7674 |
to renew the registration of an employee of a class A, B, or C | 7675 |
licensee, the director may impose a civil penalty of not more than | 7676 |
one hundred dollars for each calendar day of a violation of any of | 7677 |
the provisions of this section or of division (B) or (C) of | 7678 |
section 4749.13 of the Revised Code or of a violation of any rule | 7679 |
of the director governing private investigators, the business of | 7680 |
private investigation, security guard providers, or the business | 7681 |
of security services. | 7682 |
Sec. 4749.06. (A) Each class A, B, or C licensee shall | 7683 |
register the licensee's investigator or security guard employees, | 7684 |
with the department of public safety, which shall maintain a | 7685 |
record of each licensee and registered employee and make it | 7686 |
available, upon request, to any law enforcement agency. The class | 7687 |
A, B, or C licensee shall file an application to register a new | 7688 |
employee no sooner than three days nor later than seven calendar | 7689 |
days after the date on which the employee is hired. | 7690 |
(B)(1) Each employee's registration application shall be | 7691 |
accompanied by one recent photograph of the employee, the | 7692 |
employee's physical description, and the registration fee the | 7693 |
director determines, not to exceed forty dollars. | 7694 |
(2) The employee shall submit one complete set of | 7695 |
fingerprints directly to the superintendent of the bureau of | 7696 |
criminal identification and investigation for the purpose of | 7697 |
conducting a criminal records check. The employee shall provide | 7698 |
the fingerprints using a method the superintendent prescribes | 7699 |
pursuant to division (C)(2) of section 109.572 of the Revised Code | 7700 |
and fill out the form the superintendent prescribes pursuant to | 7701 |
division (C)(1) of section 109.572 of the Revised Code. An | 7702 |
employee who intends to carry a firearm as defined in section | 7703 |
2923.11 of the Revised Code in the course of business or | 7704 |
employment shall so notify the superintendent. This notification | 7705 |
is in addition to any other requirement related to carrying a | 7706 |
firearm that applies to the employee. The individual or | 7707 |
corporation requesting the criminal records check shall pay the | 7708 |
fee the superintendent prescribes. | 7709 |
The superintendent shall conduct the criminal records check | 7710 |
as set forth in division (B) of section 109.572 of the Revised | 7711 |
Code. If an employee intends to carry a firearm in the course of | 7712 |
business or employment, pursuant to division (B)(2) of section | 7713 |
109.572 of the Revised Code the superintendent shall make a | 7714 |
request of the federal bureau of investigation for any information | 7715 |
and review the information the bureau provides. The superintendent | 7716 |
shall submit all results of the completed investigation to the | 7717 |
director of public safety. | 7718 |
(3) If, after investigation, the bureau finds that the | 7719 |
employee has not been convicted of a | 7720 |
as defined in section 4776.10 of the Revised Code within the last | 7721 |
7722 | |
identification card bearing the license number and signature of | 7723 |
the licensee, which in the case of a corporation shall be the | 7724 |
signature of its president or its qualifying agent, and containing | 7725 |
the employee's name, address, age, physical description, and right | 7726 |
thumb print or other identifying mark as the director prescribes, | 7727 |
a recent photograph of the employee, and the employee's signature. | 7728 |
The director may issue a duplicate of a lost, spoliated, or | 7729 |
destroyed identification card issued under this section, upon | 7730 |
payment of a fee fixed by the director, not exceeding five | 7731 |
dollars. | 7732 |
(C) Except as provided in division (E) of this section, no | 7733 |
class A, B, or C licensee shall permit an employee, other than an | 7734 |
individual who qualified a corporation for licensure, to engage in | 7735 |
the business of private investigation, the business of security | 7736 |
services, or both businesses until the employee receives an | 7737 |
identification card from the department, except that pending the | 7738 |
issuance of an identification card, a class A, B, or C licensee | 7739 |
may offer for hire security guard or investigator employees | 7740 |
provided the licensee obtains a waiver from the person who | 7741 |
receives, for hire, security guard or investigative services, | 7742 |
acknowledging that the person is aware the employees have not | 7743 |
completed their registration and agreeing to their employment. | 7744 |
(D) If a class A, B, or C licensee, or a registered employee | 7745 |
of a class A, B, or C licensee, intends to carry a firearm, as | 7746 |
defined in section 2923.11 of the Revised Code, in the course of | 7747 |
engaging in the business or employment, the licensee or registered | 7748 |
employee shall satisfactorily complete a firearms basic training | 7749 |
program that includes twenty hours of handgun training and five | 7750 |
hours of training in the use of other firearms, if any other | 7751 |
firearm is to be used, or equivalency training, if authorized, or | 7752 |
shall be a former peace officer who previously had successfully | 7753 |
completed a firearms training course, shall receive a certificate | 7754 |
of satisfactory completion of that program or written evidence of | 7755 |
approval of the equivalency training, shall file an application | 7756 |
for registration, shall receive a firearm-bearer notation on the | 7757 |
licensee's or registered employee's identification card, and shall | 7758 |
annually requalify on a firearms range, all as described in | 7759 |
division (A) of section 4749.10 of the Revised Code. A private | 7760 |
investigator, security guard provider, or employee is authorized | 7761 |
to carry a firearm only in accordance with that division. | 7762 |
(E) This section does not apply to commissioned peace | 7763 |
officers, as defined in division (B) of section 2935.01 of the | 7764 |
Revised Code, working for, either as an employee or independent | 7765 |
contractor, a class A, B, or C licensee. For purposes of this | 7766 |
chapter, a commissioned peace officer is an employee exempt from | 7767 |
registration. | 7768 |
(F) The registration of an investigator or security guard | 7769 |
employee expires annually on the anniversary date of its initial | 7770 |
issuance. Annual renewals shall be made pursuant to procedures the | 7771 |
director establishes by rule and upon payment of a renewal fee the | 7772 |
director determines, not to exceed thirty-five dollars. The | 7773 |
director shall not renew the registration of any investigator or | 7774 |
security guard employee who no longer meets the requirements of | 7775 |
this section. No background check is required for annual renewal, | 7776 |
but an investigator or security guard employee shall report any | 7777 |
7778 | |
the director of public safety as a condition of continued | 7779 |
registration. | 7780 |
Sec. 4776.021. (A) As used in this section and section | 7781 |
4776.04 of the Revised Code, "trainee license" means a license, | 7782 |
certificate, registration, permit, card, or other authority that | 7783 |
is issued or conferred by any agency described in division (B) of | 7784 |
this section that authorizes the holder to engage as a trainee in | 7785 |
a profession, occupation, or occupational activity, or to operate | 7786 |
as a trainee certain specific equipment, machinery, or premises, | 7787 |
over which the agency described in division (B) of this section | 7788 |
has jurisdiction. | 7789 |
(B) Except as provided in division (E) of this section, if | 7790 |
any licensing agency issues trainee licenses, or if any agency | 7791 |
that issues licenses under Chapter 3772., 4729., 4738., 4747., or | 7792 |
4749. of the Revised Code issues trainee licenses, an applicant | 7793 |
for a trainee license from the licensing agency or other specified | 7794 |
agency, in addition to any other eligibility requirements for the | 7795 |
license, shall submit a request to the bureau of criminal | 7796 |
identification and investigation for a criminal records check of | 7797 |
the applicant. Division (A) of section 4776.02 of the Revised Code | 7798 |
applies with respect to a request required under this division. | 7799 |
(C) Upon receipt of the completed form, the set of | 7800 |
fingerprint impressions, and the fee provided for in division (B) | 7801 |
of this section and division (A) of section 4776.02 of the Revised | 7802 |
Code, the superintendent of the bureau of criminal identification | 7803 |
and investigation shall conduct a criminal records check of the | 7804 |
applicant under division (B) of section 109.572 of the Revised | 7805 |
Code. Upon completion of the criminal records check, the | 7806 |
superintendent shall report the results of the criminal records | 7807 |
check and any information the federal bureau of investigation | 7808 |
provides to the licensing agency or the agency that issues | 7809 |
licenses under Chapter 3772., 4729., 4738., 4747., or 4749. of the | 7810 |
Revised Code that was identified in the request for a criminal | 7811 |
records check. | 7812 |
(D) Except as provided in division (E) of this section, no | 7813 |
licensing agency that issues trainee licenses, and no agency that | 7814 |
issues licenses under Chapter 3772., 4729., 4738., 4747., or 4749. | 7815 |
of the Revised Code and that issues trainee licenses shall issue a | 7816 |
trainee license to an applicant if the licensing agency or other | 7817 |
agency determines that the applicant would not be eligible for | 7818 |
issuance of a license, certificate, registration, permit, card, or | 7819 |
other authority to engage in the profession, occupation, or | 7820 |
occupational activity for which the trainee license would apply, | 7821 |
or for issuance of a license, certificate, registration, permit, | 7822 |
card, or other authority to operate certain specific equipment, | 7823 |
machinery, or premises with respect to which the trainee license | 7824 |
would apply, whichever is applicable. | 7825 |
(E) Divisions (B) to (D) of this section do not apply with | 7826 |
respect to any person who is participating in an apprenticeship or | 7827 |
training program operated by or under contract with the department | 7828 |
of rehabilitation and correction. | 7829 |
Sec. 4776.04. The results of any criminal records check | 7830 |
conducted pursuant to a request made under this chapter and any | 7831 |
report containing those results, including any information the | 7832 |
federal bureau of investigation provides, are not public records | 7833 |
for purposes of section 149.43 of the Revised Code and shall not | 7834 |
be made available to any person or for any purpose other than as | 7835 |
follows: | 7836 |
(A) If the request for the criminal records check was | 7837 |
submitted by an applicant for an initial license or restored | 7838 |
license, as follows: | 7839 |
(1) The superintendent of the bureau of criminal | 7840 |
identification and investigation shall make the results available | 7841 |
to the licensing agency for use in determining, under the agency's | 7842 |
authorizing chapter of the Revised Code, whether the applicant who | 7843 |
is the subject of the criminal records check should be granted a | 7844 |
license under that chapter. | 7845 |
(2) The licensing agency shall make the results available to | 7846 |
the applicant who is the subject of the criminal records check. | 7847 |
(B) If the request for the criminal records check was | 7848 |
submitted by a person seeking to satisfy the criteria for being a | 7849 |
qualified pharmacy technician that are specified in section | 7850 |
4729.42 of the Revised Code or a person seeking to satisfy the | 7851 |
requirements to be an employee of a pain management clinic as | 7852 |
specified in section 4729.552 of the Revised Code, the | 7853 |
superintendent of the bureau of criminal identification and | 7854 |
investigation shall make the results available in accordance with | 7855 |
the following: | 7856 |
(1) The superintendent shall make the results of the criminal | 7857 |
records check, including any information the federal bureau of | 7858 |
investigation provides, available to the person who submitted the | 7859 |
request and is the subject of the criminal records check. | 7860 |
(2) The superintendent shall make the results of the portion | 7861 |
of the criminal records check performed by the bureau of criminal | 7862 |
identification and investigation under division (B)(1) of section | 7863 |
109.572 of the Revised Code available to the employer or potential | 7864 |
employer specified in the request of the person who submitted the | 7865 |
request and shall send a letter of the type described in division | 7866 |
(B)(2) of section 4776.02 of the Revised Code to that employer or | 7867 |
potential employer regarding the information provided by the | 7868 |
federal bureau of investigation that contains one of the types of | 7869 |
statements described in that division. | 7870 |
(C) If the request for the criminal records check was | 7871 |
submitted by an applicant for a trainee license under section | 7872 |
4776.021 of the Revised Code, as follows: | 7873 |
(1) The superintendent of the bureau of criminal | 7874 |
identification and investigation shall make the results available | 7875 |
to the licensing agency or other agency identified in division (B) | 7876 |
of section 4776.021 of the Revised Code for use in determining, | 7877 |
under the agency's authorizing chapter of the Revised Code and | 7878 |
division (D) of section 4776.021 of the Revised Code, whether the | 7879 |
applicant who is the subject of the criminal records check should | 7880 |
be granted a trainee license under that chapter and that division. | 7881 |
(2) The licensing agency or other agency identified in | 7882 |
division (B) of section 4776.021 of the Revised Code shall make | 7883 |
the results available to the applicant who is the subject of the | 7884 |
criminal records check. | 7885 |
Sec. 4776.10. As used in Chapters 4713., 4738., 4740., 4747., | 7886 |
and 4749. and sections 4725.40 to 4725.59 of the Revised Code: | 7887 |
(A) "Crime of moral turpitude" or "moral turpitude" means all | 7888 |
of the following: | 7889 |
(1) A violation of section 2903.01 or 2903.02 of the Revised | 7890 |
Code; | 7891 |
(2) A sexually oriented offense as defined in section 2950.01 | 7892 |
of the Revised Code; | 7893 |
(3) An offense that is an offense of violence as defined in | 7894 |
section 2901.01 of the Revised Code, if the offense is a felony of | 7895 |
the first or second degree; | 7896 |
(4) Complicity in committing an offense described in division | 7897 |
(A)(1) of this section; | 7898 |
(5) An attempt or conspiracy to commit or complicity in | 7899 |
committing any offense described in division (A)(1), (2), (3), or | 7900 |
(4) of this section if the attempt, conspiracy, or complicity is a | 7901 |
felony of the first or second degree; | 7902 |
(6) A violation of any former law of this state, any existing | 7903 |
or former law applicable in a military court or in an Indian | 7904 |
tribal court, or any existing or former law of any nation other | 7905 |
than the United States that is or was substantially equivalent to | 7906 |
any offense listed in division (A)(1), (2), (3), (4), or (5) of | 7907 |
this section. | 7908 |
(B) "Direct nexus" means that the nature of the offense for | 7909 |
which the individual was convicted or to which the individual | 7910 |
pleaded guilty has a direct bearing on the fitness or ability of | 7911 |
the individual to perform one or more of the duties or | 7912 |
responsibilities necessarily related to a particular occupation, | 7913 |
profession, or trade. | 7914 |
(C) "Disqualifying offense" means an offense that is a felony | 7915 |
and that has a direct nexus to an individual's proposed or current | 7916 |
field of licensure, certification, or employment. | 7917 |
Sec. 5111.032. (A) As used in this section: | 7918 |
(1) "Criminal records check" has the same meaning as in | 7919 |
section 109.572 of the Revised Code. | 7920 |
(2) "Department" includes a designee of the department of job | 7921 |
and family services. | 7922 |
(3) "Owner" means a person who has an ownership interest in a | 7923 |
provider in an amount designated by the department of job and | 7924 |
family services in rules adopted under this section. | 7925 |
(4) "Provider" means a person, institution, or entity that | 7926 |
has a provider agreement with the department of job and family | 7927 |
services pursuant to Title XIX of the "Social Security Act," 49 | 7928 |
7929 |
(B)(1) Except as provided in division (B)(2) of this section, | 7930 |
the department of job and family services may require that any | 7931 |
provider, applicant to be a provider, employee or prospective | 7932 |
employee of a provider, owner or prospective owner of a provider, | 7933 |
officer or prospective officer of a provider, or board member or | 7934 |
prospective board member of a provider submit to a criminal | 7935 |
records check as a condition of obtaining a provider agreement, | 7936 |
continuing to hold a provider agreement, being employed by a | 7937 |
provider, having an ownership interest in a provider, or being an | 7938 |
officer or board member of a provider. The department may | 7939 |
designate the categories of persons who are subject to the | 7940 |
criminal records check requirement. The department shall designate | 7941 |
the times at which the criminal records checks must be conducted. | 7942 |
(2) The section does not apply to providers, applicants to be | 7943 |
providers, employees of a provider, or prospective employees of a | 7944 |
provider who are subject to criminal records checks under section | 7945 |
5111.033 or 5111.034 of the Revised Code. | 7946 |
(C)(1) The department shall inform each provider or applicant | 7947 |
to be a provider whether the provider or applicant is subject to a | 7948 |
criminal records check requirement under division (B) of this | 7949 |
section. For providers, the information shall be given at times | 7950 |
designated in rules adopted under this section. For applicants to | 7951 |
be providers, the information shall be given at the time of | 7952 |
initial application. When the information is given, the department | 7953 |
shall specify which of the provider's or applicant's employees or | 7954 |
prospective employees, owners or prospective owners, officers or | 7955 |
prospective officers, or board members or prospective board | 7956 |
members are subject to the criminal records check requirement. | 7957 |
(2) At times designated in rules adopted under this section, | 7958 |
a provider that is subject to the criminal records check | 7959 |
requirement shall inform each person specified by the department | 7960 |
under division (C)(1) of this section that the person is required, | 7961 |
as applicable, to submit to a criminal records check for final | 7962 |
consideration for employment in a full-time, part-time, or | 7963 |
temporary position; as a condition of continued employment; or as | 7964 |
a condition of becoming or continuing to be an officer, board | 7965 |
member or owner of a provider. | 7966 |
(D)(1) If a provider or applicant to be a provider is subject | 7967 |
to a criminal records check under this section, the department | 7968 |
shall require the conduct of a criminal records check by the | 7969 |
superintendent of the bureau of criminal identification and | 7970 |
investigation. If a provider or applicant to be a provider for | 7971 |
whom a criminal records check is required does not present proof | 7972 |
of having been a resident of this state for the five-year period | 7973 |
immediately prior to the date the criminal records check is | 7974 |
requested or provide evidence that within that five-year period | 7975 |
the superintendent has requested information about the individual | 7976 |
from the federal bureau of investigation in a criminal records | 7977 |
check, the department shall require the provider or applicant to | 7978 |
request that the superintendent obtain information from the | 7979 |
federal bureau of investigation as part of the criminal records | 7980 |
check of the provider or applicant. Even if a provider or | 7981 |
applicant for whom a criminal records check request is required | 7982 |
presents proof of having been a resident of this state for the | 7983 |
five-year period, the department may require that the provider or | 7984 |
applicant request that the superintendent obtain information from | 7985 |
the federal bureau of investigation and include it in the criminal | 7986 |
records check of the provider or applicant. | 7987 |
(2) A provider shall require the conduct of a criminal | 7988 |
records check by the superintendent with respect to each of the | 7989 |
persons specified by the department under division (C)(1) of this | 7990 |
section. If the person for whom a criminal records check is | 7991 |
required does not present proof of having been a resident of this | 7992 |
state for the five-year period immediately prior to the date the | 7993 |
criminal records check is requested or provide evidence that | 7994 |
within that five-year period the superintendent of the bureau of | 7995 |
criminal identification and investigation has requested | 7996 |
information about the individual from the federal bureau of | 7997 |
investigation in a criminal records check, the individual shall | 7998 |
request that the superintendent obtain information from the | 7999 |
federal bureau of investigation as part of the criminal records | 8000 |
check of the individual. Even if an individual for whom a criminal | 8001 |
records check request is required presents proof of having been a | 8002 |
resident of this state for the five-year period, the department | 8003 |
may require the provider to request that the superintendent obtain | 8004 |
information from the federal bureau of investigation and include | 8005 |
it in the criminal records check of the person. | 8006 |
(E)(1) Criminal records checks required under this section | 8007 |
for providers or applicants to be providers shall be obtained as | 8008 |
follows: | 8009 |
(a) The department shall provide each provider or applicant | 8010 |
information about accessing and completing the form prescribed | 8011 |
pursuant to division (C)(1) of section 109.572 of the Revised Code | 8012 |
and the standard fingerprint impression sheet prescribed pursuant | 8013 |
to division (C)(2) of that section. | 8014 |
(b) The provider or applicant shall submit the required form | 8015 |
and one complete set of fingerprint impressions directly to the | 8016 |
superintendent for purposes of conducting the criminal records | 8017 |
check using the applicable methods prescribed by division (C) of | 8018 |
section 109.572 of the Revised Code. The applicant or provider | 8019 |
shall pay all fees associated with obtaining the criminal records | 8020 |
check. | 8021 |
(c) The superintendent shall conduct the criminal records | 8022 |
check in accordance with section 109.572 of the Revised Code. The | 8023 |
provider or applicant shall instruct the superintendent to submit | 8024 |
the report of the criminal records check directly to the director | 8025 |
of job and family services. | 8026 |
(2) Criminal records checks required under this section for | 8027 |
persons specified by the department under division (C)(1) of this | 8028 |
section shall be obtained as follows: | 8029 |
(a) The provider shall give to each person subject to | 8030 |
criminal records check requirement information about accessing and | 8031 |
completing the form prescribed pursuant to division (C)(1) of | 8032 |
section 109.572 of the Revised Code and the standard fingerprint | 8033 |
impression sheet prescribed pursuant to division (C)(2) of that | 8034 |
section. | 8035 |
(b) The person shall submit the required form and one | 8036 |
complete set of fingerprint impressions directly to the | 8037 |
superintendent for purposes of conducting the criminal records | 8038 |
check using the applicable methods prescribed by division (C) of | 8039 |
section 109.572 of the Revised Code. The person shall pay all fees | 8040 |
associated with obtaining the criminal records check. | 8041 |
(c) The superintendent shall conduct the criminal records | 8042 |
check in accordance with section 109.572 of the Revised Code. The | 8043 |
person subject to the criminal records check shall instruct the | 8044 |
superintendent to submit the report of the criminal records check | 8045 |
directly to the provider. The department may require the provider | 8046 |
to submit the report to the department. | 8047 |
(F) If a provider or applicant to be a provider is given the | 8048 |
information specified in division (E)(1)(a) of this section but | 8049 |
fails to obtain a criminal records check, the department shall, as | 8050 |
applicable, terminate the provider agreement or deny the | 8051 |
application to be a provider. | 8052 |
If a person is given the information specified in division | 8053 |
(E)(2)(a) of this section but fails to obtain a criminal records | 8054 |
check, the provider shall not, as applicable, permit the person to | 8055 |
be an employee, owner, officer, or board member of the provider. | 8056 |
(G) Except as provided in rules adopted under division (J) of | 8057 |
this section, the department shall terminate the provider | 8058 |
agreement of a provider or the department shall not issue a | 8059 |
provider agreement to an applicant if the provider or applicant is | 8060 |
subject to a criminal records check under this section and the | 8061 |
provider or applicant has been convicted of, has pleaded guilty | 8062 |
to, or has been found eligible for intervention in lieu of | 8063 |
conviction for any of the following, regardless of the date of the | 8064 |
conviction, the date of entry of the guilty plea, or the date the | 8065 |
applicant or provider was found eligible for intervention in lieu | 8066 |
of conviction: | 8067 |
(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 8068 |
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 8069 |
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 8070 |
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 8071 |
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 8072 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 8073 |
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 8074 |
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 8075 |
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 8076 |
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 8077 |
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 8078 |
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 8079 |
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 8080 |
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 8081 |
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141, | 8082 |
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code, | 8083 |
felonious sexual penetration in violation of former section | 8084 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 8085 |
Revised Code as it existed prior to July 1, 1996, a violation of | 8086 |
section 2919.23 of the Revised Code that would have been a | 8087 |
violation of section 2905.04 of the Revised Code as it existed | 8088 |
prior to July 1, 1996, had the violation been committed prior to | 8089 |
that date; | 8090 |
(2) A violation of an existing or former municipal ordinance | 8091 |
or law of this state, any other state, or the United States that | 8092 |
is substantially equivalent to any of the offenses listed in | 8093 |
division (G)(1) of this section. | 8094 |
(H)(1)(a) Except as provided in rules adopted under division | 8095 |
(J) of this section and subject to division (H)(2) of this | 8096 |
section, no provider shall permit a person to be an employee, | 8097 |
owner, officer, or board member of the provider if the person is | 8098 |
subject to a criminal records check under this section and the | 8099 |
person has been convicted of, has pleaded guilty to, or has been | 8100 |
found eligible for intervention in lieu of conviction for any of | 8101 |
the offenses specified in division (G)(1) or (2) of this section. | 8102 |
(b) No provider shall employ a person who has been excluded | 8103 |
from participating in the medicaid program, the medicare program | 8104 |
operated pursuant to Title XVIII of the "Social Security Act," or | 8105 |
any other federal health care program. | 8106 |
(2)(a) A provider may employ conditionally a person for whom | 8107 |
a criminal records check is required under this section prior to | 8108 |
obtaining the results of a criminal records check regarding the | 8109 |
person, but only if the person submits a request for a criminal | 8110 |
records check not later than five business days after the | 8111 |
individual begins conditional employment. | 8112 |
(b) A provider that employs a person conditionally under | 8113 |
authority of division (H)(2)(a) of this section shall terminate | 8114 |
the person's employment if the results of the criminal records | 8115 |
check request are not obtained within the period ending sixty days | 8116 |
after the date the request is made. Regardless of when the results | 8117 |
of the criminal records check are obtained, if the results | 8118 |
indicate that the individual has been convicted of, has pleaded | 8119 |
guilty to, or has been found eligible for intervention in lieu of | 8120 |
conviction for any of the offenses specified in division (G)(1) or | 8121 |
(2) of this section, the provider shall terminate the person's | 8122 |
employment unless the provider chooses to employ the individual | 8123 |
pursuant to division (J) of this section. | 8124 |
(I) The report of a criminal records check conducted pursuant | 8125 |
to this section is not a public record for the purposes of section | 8126 |
149.43 of the Revised Code and shall not be made available to any | 8127 |
person other than the following: | 8128 |
(1) The person who is the subject of the criminal records | 8129 |
check or the person's representative; | 8130 |
(2) The director of job and family services and the staff of | 8131 |
the department in the administration of the medicaid program; | 8132 |
(3) A court, hearing officer, or other necessary individual | 8133 |
involved in a case dealing with the denial or termination of a | 8134 |
provider agreement; | 8135 |
(4) A court, hearing officer, or other necessary individual | 8136 |
involved in a case dealing with a person's denial of employment, | 8137 |
termination of employment, or employment or unemployment benefits. | 8138 |
(J) The department may adopt rules in accordance with Chapter | 8139 |
119. of the Revised Code to implement this section. The rules may | 8140 |
specify circumstances under which the department may continue a | 8141 |
provider agreement or issue a provider agreement to an applicant | 8142 |
when the provider or applicant has been convicted of, has pleaded | 8143 |
guilty to, or has been found eligible for intervention in lieu of | 8144 |
conviction for any of the offenses specified in division (G)(1) or | 8145 |
(2) of this section. The rules may also specify circumstances | 8146 |
under which a provider may permit a person to be an employee, | 8147 |
owner, officer, or board member of the provider, when the person | 8148 |
has been convicted of, has pleaded guilty to, or has been found | 8149 |
eligible for intervention in lieu of conviction for any of the | 8150 |
offenses specified in division (G)(1) or (2) of this section. | 8151 |
Sec. 5111.033. (A) As used in this section: | 8152 |
(1) "Applicant" means a person who is under final | 8153 |
consideration for employment or, after September 26, 2003, an | 8154 |
existing employee with a waiver agency in a full-time, part-time, | 8155 |
or temporary position that involves providing home and | 8156 |
community-based waiver services to a person with disabilities. | 8157 |
"Applicant" also means an existing employee with a waiver agency | 8158 |
in a full-time, part-time, or temporary position that involves | 8159 |
providing home and community-based waiver services to a person | 8160 |
with disabilities after September 26, 2003. | 8161 |
(2) "Criminal records check" has the same meaning as in | 8162 |
section 109.572 of the Revised Code. | 8163 |
(3) "Waiver agency" means a person or government entity that | 8164 |
is not certified under the medicare program and is accredited by | 8165 |
the community health accreditation program or the joint commission | 8166 |
on accreditation of health care organizations or a company that | 8167 |
provides home and community-based waiver services to persons with | 8168 |
disabilities through department of job and family services | 8169 |
administered home and community-based waiver programs. | 8170 |
(4) "Home and community-based waiver services" means services | 8171 |
furnished under the provision of 42 C.F.R. 441, subpart G, that | 8172 |
permit individuals to live in a home setting rather than a nursing | 8173 |
facility or hospital. Home and community-based waiver services are | 8174 |
approved by the centers for medicare and medicaid for specific | 8175 |
populations and are not otherwise available under the medicaid | 8176 |
state plan. | 8177 |
(B)(1) The chief administrator of a waiver agency shall | 8178 |
require each applicant to request that the superintendent of the | 8179 |
bureau of criminal identification and investigation conduct a | 8180 |
criminal records check with respect to the applicant. If an | 8181 |
applicant for whom a criminal records check request is required | 8182 |
under this division does not present proof of having been a | 8183 |
resident of this state for the five-year period immediately prior | 8184 |
to the date the criminal records check is requested or provide | 8185 |
evidence that within that five-year period the superintendent has | 8186 |
requested information about the applicant from the federal bureau | 8187 |
of investigation in a criminal records check, the chief | 8188 |
administrator shall require the applicant to request that the | 8189 |
superintendent obtain information from the federal bureau of | 8190 |
investigation as part of the criminal records check of the | 8191 |
applicant. Even if an applicant for whom a criminal records check | 8192 |
request is required under this division presents proof of having | 8193 |
been a resident of this state for the five-year period, the chief | 8194 |
administrator may require the applicant to request that the | 8195 |
superintendent include information from the federal bureau of | 8196 |
investigation in the criminal records check. | 8197 |
(2) The chief administrator shall provide the following to | 8198 |
each applicant for whom a criminal records check request is | 8199 |
required under division (B)(1) of this section: | 8200 |
(a) Information about accessing, completing, and forwarding | 8201 |
to the superintendent of the bureau of criminal identification and | 8202 |
investigation the form prescribed pursuant to division (C)(1) of | 8203 |
section 109.572 of the Revised Code and the standard fingerprint | 8204 |
impression sheet prescribed pursuant to division (C)(2) of that | 8205 |
section; | 8206 |
(b) Written notification that the applicant is to instruct | 8207 |
the superintendent to submit the completed report of the criminal | 8208 |
records check directly to the chief administrator. | 8209 |
(3) An applicant given information and notification under | 8210 |
divisions (B)(2)(a) and (b) of this section who fails to access, | 8211 |
complete, and forward to the superintendent the form or the | 8212 |
standard fingerprint impression sheet, or who fails to instruct | 8213 |
the superintendent to submit the completed report of the criminal | 8214 |
records check directly to the chief administrator, shall not be | 8215 |
employed in any position in a waiver agency for which a criminal | 8216 |
records check is required by this section. | 8217 |
(C)(1) Except as provided in rules adopted by the department | 8218 |
of job and family services in accordance with division (F) of this | 8219 |
section and subject to division (C)(2) of this section, no waiver | 8220 |
agency shall employ a person in a position that involves providing | 8221 |
home and community-based waiver services to persons with | 8222 |
disabilities if the person has been convicted of, has pleaded | 8223 |
guilty to, or has been found eligible for intervention in lieu of | 8224 |
conviction for any of the following, regardless of the date of the | 8225 |
conviction, the date of entry of the guilty plea, or the date the | 8226 |
person was found eligible for intervention in lieu of conviction: | 8227 |
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 8228 |
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 8229 |
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 8230 |
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 8231 |
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 8232 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 8233 |
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 8234 |
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 8235 |
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 8236 |
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 8237 |
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 8238 |
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 8239 |
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 8240 |
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 8241 |
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141, | 8242 |
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code, | 8243 |
felonious sexual penetration in violation of former section | 8244 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 8245 |
Revised Code as it existed prior to July 1, 1996, a violation of | 8246 |
section 2919.23 of the Revised Code that would have been a | 8247 |
violation of section 2905.04 of the Revised Code as it existed | 8248 |
prior to July 1, 1996, had the violation been committed prior to | 8249 |
that date; | 8250 |
(b) A violation of an existing or former municipal ordinance | 8251 |
or law of this state, any other state, or the United States that | 8252 |
is substantially equivalent to any of the offenses listed in | 8253 |
division (C)(1)(a) of this section. | 8254 |
(2)(a) A waiver agency may employ conditionally an applicant | 8255 |
for whom a criminal records check request is required under | 8256 |
division (B) of this section prior to obtaining the results of a | 8257 |
criminal records check regarding the individual, provided that the | 8258 |
agency shall require the individual to request a criminal records | 8259 |
check regarding the individual in accordance with division (B)(1) | 8260 |
of this section not later than five business days after the | 8261 |
individual begins conditional employment. | 8262 |
(b) A waiver agency that employs an individual conditionally | 8263 |
under authority of division (C)(2)(a) of this section shall | 8264 |
terminate the individual's employment if the results of the | 8265 |
criminal records check request under division (B) of this section, | 8266 |
other than the results of any request for information from the | 8267 |
federal bureau of investigation, are not obtained within the | 8268 |
period ending sixty days after the date the request is made. | 8269 |
Regardless of when the results of the criminal records check are | 8270 |
obtained, if the results indicate that the individual has been | 8271 |
convicted of, has pleaded guilty to, or has been found eligible | 8272 |
for intervention in lieu of conviction for any of the offenses | 8273 |
listed or described in division (C)(1) of this section, the agency | 8274 |
shall terminate the individual's employment unless the agency | 8275 |
chooses to employ the individual pursuant to division (F) of this | 8276 |
section. | 8277 |
(D)(1) The fee prescribed pursuant to division (C)(3) of | 8278 |
section 109.572 of the Revised Code for each criminal records | 8279 |
check conducted pursuant to a request made under division (B) of | 8280 |
this section shall be paid to the bureau of criminal | 8281 |
identification and investigation by the applicant or the waiver | 8282 |
agency. | 8283 |
(2) If a waiver agency pays the fee, it may charge the | 8284 |
applicant a fee not exceeding the amount the agency pays under | 8285 |
division (D)(1) of this section. An agency may collect a fee only | 8286 |
if the agency notifies the person at the time of initial | 8287 |
application for employment of the amount of the fee and that, | 8288 |
unless the fee is paid, the person will not be considered for | 8289 |
employment. | 8290 |
(E) The report of any criminal records check conducted | 8291 |
pursuant to a request made under this section is not a public | 8292 |
record for the purposes of section 149.43 of the Revised Code and | 8293 |
shall not be made available to any person other than the | 8294 |
following: | 8295 |
(1) The individual who is the subject of the criminal records | 8296 |
check or the individual's representative; | 8297 |
(2) The chief administrator of the agency requesting the | 8298 |
criminal records check or the administrator's representative; | 8299 |
(3) An administrator at the department; | 8300 |
(4) A court, hearing officer, or other necessary individual | 8301 |
involved in a case dealing with a denial of employment of the | 8302 |
applicant or dealing with employment or unemployment benefits of | 8303 |
the applicant. | 8304 |
(F) The department shall adopt rules in accordance with | 8305 |
Chapter 119. of the Revised Code to implement this section. The | 8306 |
rules shall specify circumstances under which a waiver agency may | 8307 |
employ a person who has been convicted of, has pleaded guilty to, | 8308 |
or has been found eligible for intervention in lieu of conviction | 8309 |
for an offense listed or described in division (C)(1) of this | 8310 |
section. | 8311 |
(G) The chief administrator of a waiver agency shall inform | 8312 |
each person, at the time of initial application for a position | 8313 |
that involves providing home and community-based waiver services | 8314 |
to a person with a disability, that the person is required to | 8315 |
provide a set of fingerprint impressions and that a criminal | 8316 |
records check is required to be conducted if the person comes | 8317 |
under final consideration for employment. | 8318 |
(H)(1) A person who, on September 26, 2003, is an employee of | 8319 |
a waiver agency in a full-time, part-time, or temporary position | 8320 |
that involves providing home and community-based waiver services | 8321 |
to a person with disabilities shall comply with this section | 8322 |
within sixty days after September 26, 2003, unless division (H)(2) | 8323 |
of this section applies. | 8324 |
(2) This section shall not apply to a person to whom all of | 8325 |
the following apply: | 8326 |
(a) On September 26, 2003, the person is an employee of a | 8327 |
waiver agency in a full-time, part-time, or temporary position | 8328 |
that involves providing home and community-based waiver services | 8329 |
to a person with disabilities. | 8330 |
(b) The person previously had been the subject of a criminal | 8331 |
background check relating to that position; | 8332 |
(c) The person has been continuously employed in that | 8333 |
position since that criminal background check had been conducted. | 8334 |
Sec. 5111.034. (A) As used in this section: | 8335 |
(1) "Anniversary date" means the later of the effective date | 8336 |
of the provider agreement relating to the independent provider or | 8337 |
sixty days after September 26, 2003. | 8338 |
(2) "Criminal records check" has the same meaning as in | 8339 |
section 109.572 of the Revised Code. | 8340 |
(3) "Department" includes a designee of the department of job | 8341 |
and family services. | 8342 |
(4) "Independent provider" means a person who is submitting | 8343 |
an application for a provider agreement or who has a provider | 8344 |
agreement as an independent provider in a department of job and | 8345 |
family services administered home and community-based services | 8346 |
program providing home and community-based waiver services to | 8347 |
consumers with disabilities. | 8348 |
(5) "Home and community-based waiver services" has the same | 8349 |
meaning as in section 5111.033 of the Revised Code. | 8350 |
(B)(1) The department of job and family services shall inform | 8351 |
each independent provider, at the time of initial application for | 8352 |
a provider agreement that involves providing home and | 8353 |
community-based waiver services to consumers with disabilities, | 8354 |
that the independent provider is required to provide a set of | 8355 |
fingerprint impressions and that a criminal records check is | 8356 |
required to be conducted if the person is to become an independent | 8357 |
provider in a department administered home and community-based | 8358 |
waiver program. | 8359 |
(2) Beginning on September 26, 2003, the department shall | 8360 |
inform each enrolled medicaid independent provider on or before | 8361 |
time of the anniversary date of the provider agreement that | 8362 |
involves providing home and community-based waiver services to | 8363 |
consumers with disabilities that the independent provider is | 8364 |
required to provide a set of fingerprint impressions and that a | 8365 |
criminal records check is required to be conducted. | 8366 |
(C)(1) The department shall require the independent provider | 8367 |
to complete a criminal records check prior to entering into a | 8368 |
provider agreement with the independent provider and at least | 8369 |
annually thereafter. If an independent provider for whom a | 8370 |
criminal records check is required under this division does not | 8371 |
present proof of having been a resident of this state for the | 8372 |
five-year period immediately prior to the date the criminal | 8373 |
records check is requested or provide evidence that within that | 8374 |
five-year period the superintendent of the bureau of criminal | 8375 |
identification and investigation has requested information about | 8376 |
the independent provider from the federal bureau of investigation | 8377 |
in a criminal records check, the department shall request that the | 8378 |
independent provider obtain through the superintendent a criminal | 8379 |
records request from the federal bureau of investigation as part | 8380 |
of the criminal records check of the independent provider. Even if | 8381 |
an independent provider for whom a criminal records check request | 8382 |
is required under this division presents proof of having been a | 8383 |
resident of this state for the five-year period, the department | 8384 |
may request that the independent provider obtain information | 8385 |
through the superintendent from the federal bureau of | 8386 |
investigation in the criminal records check. | 8387 |
(2) The department shall provide the following to each | 8388 |
independent provider for whom a criminal records check request is | 8389 |
required under division (C)(1) of this section: | 8390 |
(a) Information about accessing, completing, and forwarding | 8391 |
to the superintendent of the bureau of criminal identification and | 8392 |
investigation the form prescribed pursuant to division (C)(1) of | 8393 |
section 109.572 of the Revised Code and the standard fingerprint | 8394 |
impression sheet prescribed pursuant to division (C)(2) of that | 8395 |
section; | 8396 |
(b) Written notification that the independent provider is to | 8397 |
instruct the superintendent to submit the completed report of the | 8398 |
criminal records check directly to the department. | 8399 |
(3) An independent provider given information and | 8400 |
notification under divisions (C)(2)(a) and (b) of this section who | 8401 |
fails to access, complete, and forward to the superintendent the | 8402 |
form or the standard fingerprint impression sheet, or who fails to | 8403 |
instruct the superintendent to submit the completed report of the | 8404 |
criminal records check directly to the department, shall not be | 8405 |
approved as an independent provider. | 8406 |
(D) Except as provided in rules adopted by the department in | 8407 |
accordance with division (G) of this section, the department shall | 8408 |
not issue a new provider agreement to, and shall terminate an | 8409 |
existing provider agreement of, an independent provider if the | 8410 |
person has been convicted of, has pleaded guilty to, or has been | 8411 |
found eligible for intervention in lieu of conviction for any of | 8412 |
the following, regardless of the date of the conviction, the date | 8413 |
of entry of the guilty plea, or the date the person was found | 8414 |
eligible for intervention in lieu of conviction: | 8415 |
(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 8416 |
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 8417 |
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 8418 |
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 8419 |
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 8420 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 8421 |
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 8422 |
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 8423 |
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 8424 |
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 8425 |
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 8426 |
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 8427 |
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 8428 |
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 8429 |
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141, | 8430 |
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code, | 8431 |
felonious sexual penetration in violation of former section | 8432 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 8433 |
Revised Code as it existed prior to July 1, 1996, a violation of | 8434 |
section 2919.23 of the Revised Code that would have been a | 8435 |
violation of section 2905.04 of the Revised Code as it existed | 8436 |
prior to July 1, 1996, had the violation been committed prior to | 8437 |
that date; | 8438 |
(2) A violation of an existing or former municipal ordinance | 8439 |
or law of this state, any other state, or the United States that | 8440 |
is substantially equivalent to any of the offenses listed in | 8441 |
division (D)(1) of this section. | 8442 |
(E) Each independent provider shall pay to the bureau of | 8443 |
criminal identification and investigation the fee prescribed | 8444 |
pursuant to division (C)(3) of section 109.572 of the Revised Code | 8445 |
for each criminal records check conducted pursuant to a request | 8446 |
made under division (C) of this section. | 8447 |
(F) The report of any criminal records check conducted by the | 8448 |
bureau of criminal identification and investigation in accordance | 8449 |
with section 109.572 of the Revised Code and pursuant to a request | 8450 |
made under division (C) of this section is not a public record for | 8451 |
the purposes of section 149.43 of the Revised Code and shall not | 8452 |
be made available to any person other than the following: | 8453 |
(1) The person who is the subject of the criminal records | 8454 |
check or the person's representative; | 8455 |
(2) An administrator at the department or the administrator's | 8456 |
representative; | 8457 |
(3) A court, hearing officer, or other necessary individual | 8458 |
involved in a case dealing with a denial or termination of a | 8459 |
provider agreement related to the criminal records check. | 8460 |
(G) The department shall adopt rules in accordance with | 8461 |
Chapter 119. of the Revised Code to implement this section. The | 8462 |
rules shall specify circumstances under which the department may | 8463 |
either issue a provider agreement to an independent provider or | 8464 |
allow an independent provider to maintain an existing provider | 8465 |
agreement when the independent provider has been convicted of, has | 8466 |
pleaded guilty to, or has been found eligible for intervention in | 8467 |
lieu of conviction for an offense listed or described in division | 8468 |
(D)(1) or (2) of this section. | 8469 |
Sec. 5120.07. (A) There is hereby created the ex-offender | 8470 |
reentry coalition consisting of the following | 8471 |
members or their designees: | 8472 |
(1) The director of rehabilitation and correction; | 8473 |
(2) The director of aging; | 8474 |
(3) The director of alcohol and drug addiction services; | 8475 |
(4) The director of development; | 8476 |
(5) The superintendent of public instruction; | 8477 |
(6) The director of health; | 8478 |
(7) The director of job and family services; | 8479 |
(8) The director of mental health; | 8480 |
(9) The director of developmental disabilities; | 8481 |
(10) The director of public safety; | 8482 |
(11) The director of youth services; | 8483 |
(12) The chancellor of the Ohio board of regents; | 8484 |
(13) A representative or member of the governor's staff; | 8485 |
(14) The director of the rehabilitation services commission; | 8486 |
(15) The director of the department of commerce; | 8487 |
(16) The executive director of a health care licensing board | 8488 |
created under Title XLVII of the Revised Code, as appointed by the | 8489 |
chairperson of the coalition; | 8490 |
(17) The director of veterans services; | 8491 |
(18) An ex-offender appointed by the director of | 8492 |
rehabilitation and correction. | 8493 |
(B) The members of the coalition shall serve without | 8494 |
compensation. The director of rehabilitation and correction or the | 8495 |
director's designee shall be the chairperson of the coalition. | 8496 |
(C) In consultation with persons interested and involved in | 8497 |
the reentry of ex-offenders into the community, including but not | 8498 |
limited to, service providers, community-based organizations, and | 8499 |
local governments, the coalition shall identify and examine social | 8500 |
service barriers and other obstacles to the reentry of | 8501 |
ex-offenders into the community. Not later than one year after | 8502 |
April 7, 2009, and on or before the same date of each year | 8503 |
thereafter, the coalition shall submit to the speaker of the house | 8504 |
of representatives and the president of the senate a report, | 8505 |
including recommendations for legislative action, the activities | 8506 |
of the coalition, and the barriers affecting the successful | 8507 |
reentry of ex-offenders into the community. The report shall | 8508 |
analyze the effects of those barriers on ex-offenders and on their | 8509 |
children and other family members in various areas, including but | 8510 |
not limited to, the following: | 8511 |
(1) Admission to public and other housing; | 8512 |
(2) Child support obligations and procedures; | 8513 |
(3) Parental incarceration and family reunification; | 8514 |
(4) Social security benefits, veterans' benefits, food | 8515 |
stamps, and other forms of public assistance; | 8516 |
(5) Employment; | 8517 |
(6) Education programs and financial assistance; | 8518 |
(7) Substance abuse, mental health, and sex offender | 8519 |
treatment programs and financial assistance; | 8520 |
(8) Civic and political participation; | 8521 |
(9) Other collateral consequences under the Revised Code or | 8522 |
the Ohio administrative code law that may result from a criminal | 8523 |
conviction. | 8524 |
(D)(1) The report shall also include the following | 8525 |
information: | 8526 |
(a) Identification of state appropriations for reentry | 8527 |
programs; | 8528 |
(b) Identification of other funding sources for reentry | 8529 |
programs that are not funded by the state; | 8530 |
(2) The coalition shall gather information about reentry | 8531 |
programs in a repository maintained and made available by the | 8532 |
coalition. Where available, the information shall include the | 8533 |
following: | 8534 |
(a) The amount of funding received; | 8535 |
(b) The number of program participants; | 8536 |
(c) The composition of the program, including program goals, | 8537 |
methods for measuring success, and program success rate; | 8538 |
(d) The type of post-program tracking that is utilized; | 8539 |
(e) Information about employment rates and recidivism rates | 8540 |
of ex-offenders. | 8541 |
(E) The coalition shall cease to exist on December 31, 2014. | 8542 |
Sec. 5502.011. (A) As used in this section, "department of | 8543 |
public safety" and "department" include all divisions within the | 8544 |
department of public safety. | 8545 |
(B) The director | 8546 |
chief executive and administrative officer of the department. The | 8547 |
director may establish policies governing the department, the | 8548 |
performance of its employees and officers, the conduct of its | 8549 |
business, and the custody, use, and preservation of departmental | 8550 |
records, papers, books, documents, and property. The director also | 8551 |
may authorize and approve investigations to be conducted by any of | 8552 |
the department's divisions. Whenever the Revised Code imposes a | 8553 |
duty upon or requires an action of the department, the director | 8554 |
may perform the action or duty in the name of the department or | 8555 |
direct such performance to be performed by the director's | 8556 |
designee. | 8557 |
(C) In addition to any other duties enumerated in the Revised | 8558 |
Code, the director or the director's designee shall do all of the | 8559 |
following: | 8560 |
(1) Administer and direct the performance of the duties of | 8561 |
the department; | 8562 |
(2) Pursuant to Chapter 119. of the Revised Code, approve, | 8563 |
adopt, and prescribe such forms and rules as are necessary to | 8564 |
carry out the duties of the department; | 8565 |
(3) On behalf of the department and in addition to any | 8566 |
authority the Revised Code otherwise grants to the department, | 8567 |
have the authority and responsibility for approving and entering | 8568 |
into contracts, agreements, and other business arrangements; | 8569 |
(4) Make appointments for the department as needed to comply | 8570 |
with requirements of the Revised Code; | 8571 |
(5) Approve employment actions of the department, including | 8572 |
appointments, promotions, discipline, investigations, and | 8573 |
terminations; | 8574 |
(6) Accept, hold, and use, for the benefit of the department, | 8575 |
any gift, donation, bequest, or devise, and may agree to and | 8576 |
perform all conditions of the gift, donation, bequest, or devise, | 8577 |
that are not contrary to law; | 8578 |
(7) Apply for, allocate, disburse, and account for grants | 8579 |
made available under federal law or from other federal, state, or | 8580 |
private sources; | 8581 |
(8) Develop a list of disqualifying offenses for licensure as | 8582 |
a private investigator or a security guard provider pursuant to | 8583 |
sections 4749.03, 4749.04, 4749.10, and 4776.10 of the Revised | 8584 |
Code; | 8585 |
(9) Do all other acts necessary or desirable to carry out | 8586 |
this chapter. | 8587 |
(D)(1) The director of public safety may assess a reasonable | 8588 |
fee, plus the amount of any charge or fee passed on from a | 8589 |
financial institution, on a drawer or indorser for each of the | 8590 |
following: | 8591 |
(a) A check, draft, or money order that is returned or | 8592 |
dishonored; | 8593 |
(b) An automatic bank transfer that is declined, due to | 8594 |
insufficient funds or for any other reason; | 8595 |
(c) Any financial transaction device that is returned or | 8596 |
dishonored for any reason. | 8597 |
(2) The director shall deposit any fee collected under this | 8598 |
division in an appropriate fund as determined by the director | 8599 |
based on the tax, fee, or fine being paid. | 8600 |
(3) As used in this division, "financial transaction device" | 8601 |
has the same meaning as in section 113.40 of the Revised Code. | 8602 |
(E) The director shall establish a homeland security advisory | 8603 |
council to advise the director on homeland security, including | 8604 |
homeland security funding efforts. The advisory council shall | 8605 |
include, but not be limited to, state and local government | 8606 |
officials who have homeland security or emergency management | 8607 |
responsibilities and who represent first responders. The director | 8608 |
shall appoint the members of the council, who shall serve without | 8609 |
compensation. | 8610 |
(F) The director of public safety shall adopt rules in | 8611 |
accordance with Chapter 119. of the Revised Code as required by | 8612 |
section 2909.28 of the Revised Code and division (A)(1) of section | 8613 |
2909.32 of the Revised Code. The director shall adopt rules as | 8614 |
required by division (D) of section 2909.32 of the Revised Code, | 8615 |
division (E) of section 2909.33 of the Revised Code, and division | 8616 |
(D) of section 2909.34 of the Revised Code. The director may adopt | 8617 |
rules pursuant to division (A)(2) of section 2909.32 of the | 8618 |
Revised Code, division (A)(2) of section 2909.33 of the Revised | 8619 |
Code, and division (A)(2) of section 2909.34 of the Revised Code. | 8620 |
Sec. 5743.99. (A)(1) Except as provided in division (A)(2) | 8621 |
of this section, whoever violates section 5743.10, 5743.11, or | 8622 |
5743.12 or division (C) of section 5743.54 of the Revised Code is | 8623 |
guilty of a misdemeanor of the first degree. If the offender has | 8624 |
been previously convicted of an offense under this division, | 8625 |
violation is a felony of the fourth degree. | 8626 |
(2) Unless the total number of cigarettes exceeds one | 8627 |
thousand two hundred, an individual who violates section 5743.10 | 8628 |
of the Revised Code is guilty of a minor misdemeanor. If the | 8629 |
offender has been previously convicted of an offense under this | 8630 |
division, violation is a misdemeanor of the first degree. | 8631 |
(B) Whoever violates section 5743.111, 5743.112, 5743.13, | 8632 |
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a | 8633 |
felony of the fourth degree. If the offender has been previously | 8634 |
convicted of an offense under this division, violation is a felony | 8635 |
of the second degree. | 8636 |
(C) Whoever violates section 5743.41 or 5743.42 of the | 8637 |
Revised Code is guilty of a misdemeanor of the fourth degree. If | 8638 |
the offender has been previously convicted of an offense under | 8639 |
this division, violation is a misdemeanor of the third degree. | 8640 |
(D) Whoever violates section 5743.21 of the Revised Code is | 8641 |
guilty of a misdemeanor of the first degree. If the offender has | 8642 |
been previously convicted of an offense under this division, | 8643 |
violation is a felony of the fifth degree. | 8644 |
(E) Whoever violates division (F) of section 5743.03 of the | 8645 |
Revised Code is guilty of a misdemeanor of the fourth degree. | 8646 |
(F) Whoever violates any provision of this chapter, or any | 8647 |
rule promulgated by the tax commissioner under authority of this | 8648 |
chapter, for the violation of which no penalty is provided | 8649 |
elsewhere, is guilty of a misdemeanor of the fourth degree. | 8650 |
(G) In addition to any other penalty imposed upon a person | 8651 |
convicted of a violation of section 5743.112 or 5743.60 of the | 8652 |
Revised Code who was the operator of a motor vehicle used in the | 8653 |
violation, the court | 8654 |
days or more than three years the offender's driver's license, | 8655 |
commercial driver's license, temporary instruction permit, | 8656 |
probationary license, or nonresident operating privilege.
| 8657 |
the court imposes such a suspension, the court shall send a copy | 8658 |
of its suspension order and determination to the registrar of | 8659 |
motor vehicles, and the registrar, pursuant to the order and | 8660 |
determination, shall impose a suspension of the same duration. No | 8661 |
judge shall suspend the first thirty days of suspension of an | 8662 |
offender's license, permit, or privilege required by this | 8663 |
division. The court, in lieu of suspending the offender's driver's | 8664 |
or commercial driver's license or permit or nonresident operating | 8665 |
privilege, instead may require the offender to perform community | 8666 |
service for a number of hours determined by the court. | 8667 |
Section 2. That existing sections 109.57, 109.572, 109.578, | 8668 |
2151.356, 2152.02, 2152.18, 2152.26, 2705.031, 2907.24, 2913.02, | 8669 |
2923.122, 2925.14, 2925.38, 2947.23, 2949.08, 2953.31, 2953.32, | 8670 |
2953.34, 2953.36, 2967.191, 3119.01, 3119.05, 3123.58, 3772.10, | 8671 |
4301.99, 4501.02, 4503.233, 4503.234, 4507.02, 4507.164, 4509.06, | 8672 |
4509.101, 4510.10, 4510.11, 4510.111, 4510.16, 4510.161, 4510.17, | 8673 |
4510.41, 4510.54, 4513.02, 4513.021, 4513.99, 4713.07, 4713.28, | 8674 |
4725.44, 4725.48, 4725.52, 4725.53, 4738.04, 4738.07, 4740.05, | 8675 |
4740.06, 4740.10, 4747.04, 4747.05, 4747.10, 4747.12, 4749.03, | 8676 |
4749.04, 4749.06, 4776.04, 5111.032, 5111.033, 5111.034, 5120.07, | 8677 |
5502.011, and 5743.99 of the Revised Code are hereby repealed. | 8678 |
Section 3. The Department of Public Safety shall conduct a | 8679 |
study on the advisability and feasibility of there being held in | 8680 |
this state a one-time amnesty program for the payment of fees and | 8681 |
fines owed by persons who have pleaded guilty to or been convicted | 8682 |
of motor vehicle traffic and equipment offenses or have had their | 8683 |
driver's license, commercial driver's license, or temporary | 8684 |
instruction permit suspended for any reason by this state. The | 8685 |
Department may confer with any public or private organization or | 8686 |
entity that the Department determines could be of assistance to | 8687 |
the Department in conducting the study. The Department shall study | 8688 |
all aspects of such a program, including its scope, duration, the | 8689 |
amounts or percentages of fees or fines persons would be permitted | 8690 |
to pay under the program, and which persons would be eligible to | 8691 |
participate in the program. | 8692 |
Not later than six months after the effective date of this | 8693 |
section, the Department shall issue a report containing the | 8694 |
results of the study. The Department shall furnish copies of its | 8695 |
report to the Governor, the Ohio Senate, and the Ohio House of | 8696 |
Representatives. | 8697 |
Section 4. The General Assembly, applying the principle | 8698 |
stated in division (B) of section 1.52 of the Revised Code that | 8699 |
amendments are to be harmonized if reasonably capable of | 8700 |
simultaneous operation, finds that the following sections, | 8701 |
presented in this act as composites of the sections as amended by | 8702 |
the acts indicated, are the resulting versions of the sections in | 8703 |
effect prior to the effective date of the sections as presented in | 8704 |
this act: | 8705 |
Section 149.43 of the Revised Code as amended by both Sub. | 8706 |
H.B. 64 and Am. Sub. H.B. 153 of the 129th General Assembly. | 8707 |
Section 4503.234 of the Revised Code as amended by both Sub. | 8708 |
H.B. 241 and Am. Sub. H.B. 461 of the 126th General Assembly. | 8709 |
Section 4507.164 of the Revised Code as amended by both Sub. | 8710 |
H.B. 5 and Am. Sub. H.B. 153 of the 129th General Assembly. | 8711 |
Section 5. The amendment of section 5120.07 of the Revised | 8712 |
Code is not intended to supersede the earlier repeal, with delayed | 8713 |
effective date, of that section. | 8714 |