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|
As Introduced
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 122 |
REPRESENTATIVES MYERS-TIBERI-BATEMAN-REID-PADGETT-HAINES-BRADING-
CATES-CORBIN-PRINGLE
A BILL
To amend section 2925.03 of the Revised Code to prohibit the
possession, transport, delivery, or distribution of a controlled substance for
sale or
resale.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2925.03 of the Revised Code be amended to read as
follows:
Sec. 2925.03. (A)(1) No person shall knowingly sell or offer to
sell a
controlled substance.
(2) NO PERSON SHALL KNOWINGLY POSSESS, TRANSPORT, DELIVER, OR
DISTRIBUTE A CONTROLLED SUBSTANCE THAT THE PERSON INTENDS TO SELL OR RESELL OR
THAT THE PERSON KNOWS OR HAS REASONABLE CAUSE TO BELIEVE ANOTHER PERSON
INTENDS TO SELL OR RESELL.
(B) This section does not apply to any of the following:
(1) Manufacturers, practitioners, pharmacists, owners of
pharmacies, and other persons whose conduct is in accordance with
Chapters 3719., 4715., 4729., 4731.,
and
4741. or section 4723.56 of the Revised Code.;
(2) If the offense involves an anabolic steroid, any
person who is conducting or participating in a research project
involving the use of an anabolic steroid if the project has been
approved by the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act.
(C) Whoever violates division (A) of this section is guilty of one of the
following:
(1) If the drug involved in the violation is any
compound, mixture, preparation, or substance included in schedule
I or schedule II, with the exception of
marihuana, cocaine, L.S.D., heroin, and hashish,
whoever
violates division (A) of this section is guilty of
aggravated trafficking in drugs. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c), (d), (e),
or (f) of this section, aggravated trafficking in drugs is
a felony of the fourth degree,
and division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(1)(c), (d), (e), or (f) of
this section, if the offense was committed in the vicinity of a school or in
the vicinity of a juvenile, aggravated trafficking in drugs is a felony of the
third degree, and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
the bulk amount but does not exceed five times the bulk amount, aggravated
trafficking in drugs
is a felony of the third degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the third degree. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, aggravated
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five times the bulk amount but does not exceed fifty times the bulk amount,
aggravated trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(e) If the amount of the drug involved exceeds
fifty times the bulk amount but does not exceed one hundred times
the bulk amount and regardless of whether the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, aggravated trafficking in drugs is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved exceeds
one hundred times the bulk amount and regardless of whether the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree and may impose an additional prison
term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is any
compound, mixture, preparation, or substance included in schedule
III, IV, or V, whoever violates division
(A) of this section is guilty of trafficking in
drugs. The penalty for the offense shall be determined as
follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c), (d), or
(e) of
this section, trafficking in drugs is a felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(2)(c), (d), or (e) of this section,
if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in drugs is
a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
the bulk amount but does not exceed five times the bulk amount, trafficking in
drugs is a
felony of the fourth degree, and there is a presumption for a
prison term for the offense. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking in drugs is a felony of the third degree, and there
is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five times the bulk amount but does not exceed fifty times the
bulk amount, trafficking in drugs is a felony of the third degree, and there
is a presumption
for a prison term for the offense. If the amount of the drug
involved is within that range and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in drugs is a felony of the second degree, and there
is a presumption for a prison term for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
fifty times the bulk amount, trafficking in drugs is a felony of the second
degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the
amount of the drug involved exceeds fifty times the bulk amount
and if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in drugs is a felony
of the first degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the first degree.
(3) If the drug involved in the violation is marihuana or a compound,
mixture, preparation, or substance containing marihuana other than
hashish,
whoever violates division (A) of this section is guilty
of trafficking in marihuana. The penalty for the offense shall
be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c), (d), (e),
(f), or (g) of this section, trafficking in marihuana is
a felony of the
fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(3)(c), (d), (e), (f), or
(g) of
this section, if the offense was committed in the vicinity of
a school or in the vicinity of a juvenile, trafficking in
marihuana is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
two hundred grams but does not exceed one thousand grams, trafficking in
marihuana is a felony
of the fourth degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether
to impose a prison term on the offender. If the amount of the drug
involved is within that range and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and
division (C) of section 2929.13 of the Revised Code applies in determining whether
to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one thousand grams but does not exceed five thousand grams, trafficking in
marihuana is a felony
of the third degree, and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. If the amount
of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the second degree, and
there is a presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five thousand grams but does not exceed twenty thousand grams, trafficking in
marihuana is a
felony of the third degree, and there is a presumption that a
prison term shall be imposed for the offense. If the amount of
the drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in marihuana is a felony of the second
degree, and there is a presumption that a prison term shall be
imposed for the offense.
(f) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
twenty thousand grams, trafficking in marihuana is a felony of the second
degree, and
the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the second degree. If the
amount of the drug involved exceeds twenty thousand grams and if
the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in marihuana is a felony of
the first degree, and the court shall impose as a mandatory
prison term the maximum prison term prescribed for a felony of
the first degree.
(g) Except as otherwise provided in this division, if
the offense involves a gift of twenty grams or less of
marihuana, trafficking in marihuana is a minor misdemeanor upon
a first offense and a misdemeanor of the third degree upon a
subsequent offense. If the offense involves a gift of twenty
grams or less of marihuana and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a compound,
mixture, preparation, or substance containing cocaine, whoever violates
division (A) of this section is guilty
of trafficking in cocaine. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c), (d), (e),
(f), or (g) of this section, trafficking in cocaine is a
felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(4)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the
vicinity of a
school or in the vicinity of a juvenile, trafficking in cocaine
is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds five grams but does not exceed ten grams of
cocaine
that is not crack cocaine or exceeds one gram
but does not exceed five
grams of crack cocaine, trafficking in cocaine is a felony of the
forth FOURTH
degree, and there is a presumption for a prison term for the
offense. If the amount of the drug involved is within one of those ranges and
if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in cocaine is a felony
of the third degree, and there is a presumption for a prison term
for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds ten grams but does not exceed one hundred grams
of cocaine that is not crack cocaine or
exceeds five grams but does not
exceed ten grams of crack cocaine, trafficking in cocaine is a felony of
the third degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the third
degree. If the amount of the drug involved is within one of those ranges and
if the
offense was committed in the vicinity of a school or
in the vicinity of a juvenile,
trafficking in cocaine is a
felony
of the second degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the second degree.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds one hundred grams but does not exceed five
hundred grams of cocaine that is not crack
cocaine or exceeds ten grams
but does not exceed twenty-five grams of crack cocaine,
trafficking in cocaine is a felony of
the second degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the second degree. If the amount of the drug involved is within
one of those ranges and
if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile,
trafficking in
cocaine
is a felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(f) If the amount of the drug involved exceeds
five hundred grams but does not exceed one thousand grams
of cocaine that is not crack cocaine or
exceeds twenty-five grams but does
not exceed one hundred grams of crack cocaine and regardless of whether the
offense was committed in the vicinity of a school or in the vicinity of a
juvenile,
trafficking in
cocaine is a felony of the first degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.
(g) If the amount of the drug involved exceeds
one thousand grams of cocaine that is not crack
cocaine or exceeds one
hundred grams of crack cocaine
and regardless of whether the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in cocaine
is a felony of the first degree,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may
impose an additional mandatory prison term prescribed for a major
drug offender under division (D)(3)(b)
of section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is
L.S.D. or a compound, mixture, preparation, or substance containing
L.S.D., whoever violates division
(A) of this section is guilty of trafficking in
L.S.D. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(5)(b), (c), (d), (e), (f), or (g) of this
section, trafficking in
L.S.D. is a felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(5)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking in L.S.D. is a felony of the fourth
degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
ten unit doses but does not exceed fifty unit doses
of L.S.D. in a solid form or exceeds one gram
but does not
exceed five grams of L.S.D. in a liquid
concentrate, liquid
extract, or liquid distillate form,
trafficking in
L.S.D. is a felony of the fourth degree,
and there is a presumption for a prison term for the offense. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
fifty unit doses but does not exceed two hundred fifty unit doses
of L.S.D. in a solid form or exceeds five grams
but does
not exceed twenty-five grams of L.S.D. in a liquid
concentrate,
liquid extract, or liquid distillate form,
trafficking
in
L.S.D. is a felony of the third degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the third degree. If the
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
two hundred fifty unit doses but does not exceed one thousand
unit doses
of L.S.D. in a solid form or exceeds twenty-five
grams but
does not exceed one hundred grams of L.S.D. in a
liquid
concentrate, liquid extract, or liquid distillate form,
trafficking in
L.S.D. is a felony of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the first degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved exceeds
one thousand unit doses but does not exceed five thousand unit
doses
of L.S.D. in a solid form or exceeds one hundred
grams but
does not exceed five hundred grams of L.S.D. in a
liquid
concentrate, liquid extract, or liquid distillate form
and regardless of whether the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in
L.S.D. is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(g) If the amount of the drug involved exceeds
five thousand unit doses
of L.S.D. in a solid form or exceeds five
hundred grams of
L.S.D. in a liquid concentrate, liquid extract, or
liquid
distillate form
and regardless of whether the offense was committed
in the vicinity of a school or in the vicinity of a juvenile, trafficking in
L.S.D. is
a
felony of the first degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree and may impose an additional mandatory
prison term prescribed for a major drug offender under
division (D)(3)(b) of section 2929.14 of
the Revised Code.
(6) If the drug involved in the violation is heroin or a compound,
mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty
of trafficking in heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in
division (C)(6)(b), (c), (d),
(e), (f), or (g) of this section,
trafficking in heroin is a felony of the fifth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to
impose
a prison term on the offender.
(b) Except as otherwise provided in
division (C)(6)(c), (d), (e),
(f), or (g) of this section, if the offense was committed
in the vicinity
of a school
or in the vicinity of a juvenile, trafficking in heroin is a
felony of the fourth degree, and division (C) of section 2929.13 of the
Revised Code
applies in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one gram but does not exceed five grams, trafficking in heroin is a felony of
the fourth degree,
and there is a presumption for a prison term for the offense. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
third degree, and there is a presumption for a prison term for
the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds five
grams but does not exceed ten grams, trafficking in heroin is a felony of the
third degree,
and there is a presumption for a prison term for the offense.
If the amount of the drug involved is within that range and if
the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
second degree, and there is a presumption for a prison term for
the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
ten grams but does not exceed fifty grams, trafficking in heroin is a felony
of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved exceeds
fifty grams but does not exceed two hundred fifty grams and regardless of
whether the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
heroin is a felony of the first degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.
(g) If the amount of the drug involved exceeds
two hundred fifty grams and regardless of whether the offense was committed in
the vicinity of a school or in the vicinity of a juvenile, trafficking in
heroin is a felony of the first
degree,
and the court shall impose as a mandatory prison term the
maximum prison term prescribed for a felony of the first degree
and may impose an additional mandatory prison term prescribed for
a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(7) If the drug involved in the violation is hashish or a compound,
mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty
of trafficking in hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b), (c), (d), (e), or
(f) of this section,
trafficking in hashish is a felony of the fifth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to
impose
a prison term on the offender.
(b) Except as otherwise provided in division
(C)(7)(c), (d), (e), or (f)
of this section, if the offense was committed in the vicinity
of a
school or in the vicinity of a juvenile, trafficking in hashish
is a felony of the fourth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a prison term on
the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds ten grams but does not exceed fifty grams of
hashish in a solid form or exceeds two grams but does not exceed ten grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the fourth
degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If the amount of
the drug involved is within that range
and if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in hashish is a felony
of the third degree, and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds fifty grams but does not exceed two hundred fifty
grams of hashish in a solid form or exceeds ten grams but does not exceed
fifty grams of hashish in a liquid concentrate, liquid extract, or liquid
distillate form, trafficking in hashish is a
felony of the
third degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If the amount of
the drug involved is within that range
and if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in hashish is a felony
of the second degree, and
there is a presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds two hundred fifty grams but does not exceed one
thousand grams of hashish in a solid form or exceeds fifty grams but does not
exceed two hundred grams of hashish in a liquid concentrate, liquid extract,
or
liquid distillate form, trafficking in hashish is a felony of
the third degree, and there is a presumption that a prison term shall be
imposed for the offense. If the amount of the drug involved is within
that range and if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in hashish
is a felony of the second degree, and there is a presumption that a prison
term shall be imposed for the offense.
(f) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one thousand grams of hashish in a solid form or exceeds two hundred grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form,
trafficking in
hashish is a felony of the second degree, and the court shall
impose as a mandatory prison term the maximum prison term
prescribed for a felony of the second degree. If the amount of the drug
involved exceeds
one thousand grams of hashish in a solid form or exceeds two hundred grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form
and if the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of
the first degree,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree.
(D) In addition to any prison term authorized
or required by division (C) of this section and sections
2929.13 and 2929.14 of the Revised Code, and in
addition to any other sanction imposed for the offense under this
section or sections 2929.11 to 2929.18 of the Revised
Code, the court that sentences an offender who is
convicted of or pleads guilty to a violation of division
(A) of this section shall do all of the following that
are applicable regarding the offender:
(1) If the violation of division (A) of this
section is a felony of the first, second, or third degree, the
court shall impose upon the offender the mandatory fine specified
for the offense under division (B)(1) of section 2929.18
of the Revised Code unless, as specified in that
division, the court determines that the offender is indigent. Except as
otherwise provided in division (H)(1) of this section, a
mandatory fine or any other fine imposed for a violation of this
section is subject to division (F) of this
section. If a person is charged with a violation of this section
that is a felony of the first, second, or third degree, posts
bail, and forfeits the bail, the clerk of the court shall pay the
forfeited bail
pursuant to divisions (D)(1) and
(F) of this section, as if the forfeited bail was a fine
imposed for a violation of this section. If any amount of the forfeited bail
remains after that payment and if a fine is imposed under division (H)(1) of
this section, the clerk of the court shall pay the remaining amount of the
forfeited bail pursuant to divisions (H)(2) and (3) of this section, as if
that remaining amount was a fine imposed under division (H)(1) of this
section.
(2) The court shall revoke or suspend the driver's or
commercial driver's license or permit of the offender in
accordance with division (G) of this section.
(3) If the offender is a professionally licensed person
or a person who has been admitted to the bar by order of the
supreme court in compliance with its prescribed and published
rules, the court forthwith shall comply with section 2925.38 of
the Revised Code.
(E) When a person is charged with the
sale of or offer to sell a bulk amount
or a multiple of a bulk amount of a controlled substance, the jury, or the
court trying the
accused, shall determine the amount of the controlled substance
involved at the time of the offense and, if a guilty verdict is
returned, shall return the findings as part of the verdict. In
any such case, it is unnecessary to find and return the exact
amount of the controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the
controlled substance involved is the requisite
amount, or that the amount of the controlled
substance involved is less than the requisite
amount.
(F)(1) Notwithstanding any contrary provision
of section
3719.21 of the Revised Code and except as provided in division (H) of this
section, the clerk of the court shall pay any
mandatory
fine imposed pursuant
to division (D)(1) of this section and any fine other than a
mandatory fine that is imposed for
a violation of this section pursuant to division (A) or (B)(5) of section
2929.18 of the Revised Code to the
county, township, municipal corporation, park district, as
created pursuant to section 511.18 or 1545.04 of the Revised
Code, or state law enforcement agencies in this state that
primarily were responsible for or involved in making the arrest
of, and in prosecuting, the offender. However, the clerk shall not
pay a mandatory fine
so imposed to a law enforcement agency unless the
agency has adopted a written internal control policy under
division (F)(2) of this section that addresses the use of
the
fine moneys that it receives. Each agency shall use
the mandatory fines so paid to subsidize the agency's law enforcement
efforts that
pertain to drug offenses, in accordance with the written internal
control policy adopted by the recipient agency under division
(F)(2) of this section.
(2)(a) Prior to receiving any fine moneys under division
(F)(1) of this section or division (B)(5) of
section
2925.42 of
the Revised Code, a law enforcement agency shall adopt a written
internal control policy that addresses the agency's use and
disposition of all fine moneys so received and that provides for
the keeping of detailed financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type
of expenditure. The policy shall not provide for or permit the
identification of any specific expenditure that is made in an
ongoing investigation. All financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type
of expenditure by an agency are public records open for
inspection under section 149.43 of the Revised Code.
Additionally, a written internal control policy adopted under
this division is such a public record, and the agency that
adopted it shall comply with it.
(b) Each law enforcement agency that receives in any
calendar year any fine moneys under division (F)(1) of this
section or division (B)(5) of section 2925.42 of the Revised Code
shall prepare a report covering the calendar year that cumulates
all of the information contained in all of the public financial
records kept by the agency pursuant to division (F)(2)(a)
of this
section for that calendar year, and shall send a copy of the
cumulative report, no later than the first day of March in the
calendar year following the calendar year covered by the report,
to the attorney general. Each report received by the attorney
general is a public record open for inspection under section
149.43 of the Revised Code. The attorney general shall make
copies of each report received, and, no later than the fifteenth
day of April in the calendar year in which the report is
received, shall send a copy of it to the president of the senate
and the speaker of the house of representatives.
(3) As used in division
(F) of this section:
(a) "Law enforcement agencies" includes, but is not
limited to, the state board of pharmacy and the office of a
prosecutor.
(b) "Prosecutor" has the same meaning as in section
2935.01 of the Revised Code.
(G) When required under division
(D)(2) of
this section, the court either shall revoke or, if it
does not revoke, shall suspend for not less than six
months or more than five years, the driver's or
commercial
driver's license or permit of any person who is convicted of or
pleads
guilty to a violation of this section that is a felony of the
first degree and shall suspend for not less than six months
or
more than five years the driver's or commercial driver's license
or permit
of any person who is convicted of or pleads guilty to any other
violation of this section. If an offender's driver's or
commercial driver's license or permit is revoked pursuant to this
division,
the offender, at any time after the expiration of two years from
the day on which the offender's sentence was imposed or from the
day on
which the offender finally was released from a
prison
term under the
sentence, whichever is later, may file a motion with the
sentencing court requesting termination of the revocation; upon
the filing of such a motion and the court's finding of good cause
for the termination, the court may terminate the revocation.
(H)(1) In addition to any prison term
authorized or required by division (C) of this section and
sections 2929.13 and 2929.14 of the
Revised Code, in addition to any other
penalty or sanction imposed for the offense under this section
or sections 2929.11 to 2929.181 of the
Revised Code, and in addition to the
forfeiture of property in connection with the offense as
prescribed in sections 2925.42 to 2925.45 of the
Revised Code, the court that sentences
an offender who is convicted of or pleads guilty to a violation
of division (A) of this section may impose upon the offender an
additional fine specified for the offense in
division (B)(4) of section
2929.18 of the Revised Code. A fine imposed under
division (H)(1) of this section
is not subject to division (F) of this section and shall
be used solely for the support of one or more eligible alcohol
and drug addiction programs in accordance with divisions
(H)(2) and (3) of this section.
(2) The court that imposes a fine under division
(H)(1) of this section shall
specify in the judgment that imposes the fine one or more
eligible alcohol and drug addiction programs for the support of
which the fine money is to be used. No alcohol and drug
addiction program shall receive or use money paid or collected
in satisfaction of a fine imposed under division
(H)(1) of this section unless
the program is specified in the judgment that imposes the fine.
No alcohol and drug addiction program shall be specified in the
judgment unless the program is an eligible alcohol and drug
addiction program and, except as otherwise provided in division
(H)(2) of this section, unless
the program is located in the county in which the court that
imposes the fine is located or in a county that is immediately
contiguous to the county in which that court is located. If no
eligible alcohol and drug addiction program is located in any
of those counties, the judgment may specify an eligible alcohol
and drug addiction program that is located anywhere within this
state.
(3) Notwithstanding any contrary provision of section
3719.21 of the Revised Code, the clerk of the court
shall pay any fine imposed under division
(H)(1) of this section to the eligible alcohol and drug addiction
program specified pursuant to division (H)(2) of this section in the
judgment. The eligible alcohol and drug addiction program that receives the
fine moneys shall use the moneys only for the
alcohol and drug addiction services identified in the
application for certification under section 3793.06 of the
Revised Code or in the application for a
license under section 3793.11 of the Revised Code filed with
the department of alcohol and drug addiction services by the alcohol and drug
addiction program specified in the judgment.
(4) Each alcohol and drug addiction program that receives
in a calendar year any fine moneys under division
(H)(3) of this section shall
file an annual report covering that calendar year with the court
of common pleas and the board of county commissioners of the
county in which the program is located, with the court of common pleas and the
board of county commissioners of each county from which the program received
the moneys if that county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug addiction
program shall file the report no later than the first day of March in
the calendar year
following the calendar year in which the program received the
fine moneys. The report shall include statistics on the number
of persons served by the alcohol and drug addiction program,
identify the types of alcohol and drug addiction services
provided to those persons, and include a specific accounting of
the purposes for which the fine moneys received were used. No
information contained in the report shall identify, or enable a
person to determine the identity of, any person served by the
alcohol and drug addiction program. Each report received by a
court of common pleas, a board of county commissioners, or the
attorney general is a public record open for inspection under
section 149.43 of the Revised Code.
(5) As used in divisions (H)(1) to (5) of this section:
(a) "Alcohol and drug addiction
program" and "alcohol and drug addiction services" have the same
meanings as in section 3793.01 of the Revised Code.
(b) "Eligible alcohol and drug
addiction program" means an alcohol and drug addiction program
that is certified under section 3793.06 of the
Revised Code or licensed under section
3793.11 of the Revised Code by the department of
alcohol and drug addiction services.
Section 2. That existing section 2925.03 of the Revised Code is hereby
repealed.
Section 3. Section 2925.03 of the Revised Code is presented in this act as
a composite of the section as amended by both Am. Sub. S.B. 269 and Am. Sub.
S.B. 166 of the 121st General Assembly,
with the new language of neither of the acts shown in capital letters. This
is in recognition of the principle stated in division (B) of section 1.52 of
the Revised Code that such amendments are to be harmonized where not
substantively irreconcilable and constitutes a legislative finding that such
is
the resulting version in effect prior to the effective date of this act.
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