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(122nd General Assembly)(Amended Substitute Senate Bill Number 35)
AN ACT
To amend sections 2151.354, 2151.355, 2151.356, 3301.07, 4301.99, 4507.05,
4507.07,
4507.08, 4507.081, 4507.10,
4507.11, 4507.13, 4507.162, 4507.21, 4507.99, and 4508.02
and
to enact section 4507.071 of
the Revised Code to revise the
conditions under which a driver's license is issued to a person
under age 18.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 2151.354, 2151.355, 2151.356, 3301.07, 4301.99,
4507.05,
4507.07, 4507.08, 4507.081,
4507.10, 4507.11, 4507.13, 4507.162, 4507.21,
4507.99, and 4508.02 be amended and section 4507.071 of the
Revised Code be
enacted to read as follows:
Sec. 2151.354. (A) If the child is adjudicated an unruly
child, the court may: (1) Make any of the dispositions authorized under section
2151.353 of the Revised Code; (2) Place the child on probation under any conditions that
the court prescribes; (3) Suspend or revoke the driver's license, probationary driver's
license, or temporary instruction permit issued to the child and suspend
or revoke the registration of all motor vehicles registered in the name of the
child;.
A child
whose license or permit is so suspended or
revoked is ineligible for issuance of a license or permit during the period of
suspension or revocation. At the end of the period of suspension or
revocation, the child shall not be reissued a license or permit until the
child
has paid any applicable reinstatement fee and complied with all requirements
governing license reinstatement. (4) Commit the child to the temporary or permanent custody of the court; (5) If, after making a disposition under division (A)(1),
(2), or (3) of this section, the court finds upon further hearing
that the child is not amenable to treatment or rehabilitation
under that disposition, make a disposition otherwise authorized
under divisions (A)(1), (2), and (A)(7) to (11) of section
2151.355 of the Revised Code, except that the child may not be
committed to or placed in a secure correctional facility, and commitment to or
placement in a detention home may not exceed twenty-four hours unless
authorized by division (C)(3) of section 2151.312 or sections 2151.56
to 2151.61 of the Revised Code. (B) If a child is adjudicated an unruly child for
committing any act that, if committed by an adult, would be a
drug abuse offense, as defined in section 2925.01 of the Revised
Code, or a violation of division (B) of section 2917.11 of the
Revised Code, then, in addition to imposing, in its discretion,
any other order of disposition authorized by this section, the
court shall do both of the following: (1) Require the child to participate in a drug abuse or
alcohol abuse counseling program; (2) Suspend or revoke the temporary instruction permit or,
probationary operator's driver's license, or driver's license
issued to the child until the
child attains the age for a period of eighteen years time
prescribed by the court or, at the discretion of
the court, until the child attends and satisfactorily completes a drug
abuse or
alcohol abuse education, intervention, or treatment program
specified by the court. During the time the child is attending
the program, the court shall retain any temporary instruction
permit or, probationary driver's license, or driver's
license issued to the child and shall
return the permit or license when the child satisfactorily
completes the program. Sec. 2151.355. (A) If a child is adjudicated a delinquent
child, the court
may make any of the following orders of disposition: (1) Any order that is authorized by section 2151.353 of
the Revised Code; (2) Place the child on probation under any conditions that
the court prescribes. If the child is adjudicated a delinquent
child for violating section 2909.05, 2909.06, or 2909.07 of
the Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to
make restitution for the property damage caused by the child's
violation
as a condition of the child's probation. If the child is
adjudicated a delinquent child because the child violated any other
section of the Revised Code, the court may require the child as a
condition of the child's probation to make restitution for the property
damage caused by the child's violation and for the value of the
property that was the subject of the violation the child committed if it would
be a theft offense, as defined in division (K) of section 2913.01
of the Revised Code, if committed by an adult. The restitution
may be in the form of a cash reimbursement paid in a lump sum or
in installments, the performance of repair work to restore any
damaged property to its original condition, the performance of a
reasonable amount of labor for the victim approximately equal to
the value of the property damage caused by the child's violation or
to the value of the property that is the subject of the violation if
it would be a theft offense if committed by an adult, the
performance of community service or community work, any other
form of restitution devised by the court, or any combination of
the previously described forms of restitution. If the child is adjudicated a delinquent child for violating a law of
this state or the United States, or an ordinance or
regulation of a political subdivision of this state, that would be a crime if
committed by an adult or for
violating division (A) of section 2923.211 of the Revised Code, the court,
in addition to all
other required or permissive conditions of probation that
the court imposes upon the
delinquent child pursuant to division (A)(2) of this section,
shall require the child as a condition of the child's probation
to abide by the law during the period of probation, including, but not limited
to, complying with the provisions of
Chapter 2923. of the Revised Code relating to
the possession, sale, furnishing, transfer, disposition, purchase,
acquisition, carrying, conveying, or use of, or other conduct
involving, a firearm or dangerous ordnance, as
defined in section 2923.11 of the Revised Code. (3) Commit the child to the temporary custody of any
school, camp, institution, or other facility
operated for the care of delinquent children by the
county, by a district organized under section 2151.34 or 2151.65
of the Revised Code, or by a private agency or organization,
within or without the state, that is authorized and qualified to
provide the care, treatment, or placement required; (4) If the child is adjudicated a delinquent child for
committing an act that would be a felony of the third, fourth, or fifth degree
if
committed by an adult or for violating division (A) of section 2923.211 of the
Revised Code, commit the child to the legal custody of
the department of youth services for institutionalization for an
indefinite term consisting of a minimum period of six months and
a maximum period not to exceed the child's attainment of twenty-one years of
age; (5)(a) If the child is adjudicated a delinquent child for
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or division
(A) of section 2903.04 of the Revised Code or for
violating any provision of section 2907.02 of the Revised Code
other than division (A)(1)(b) of that section when the
sexual conduct or insertion involved was consensual and when the victim of the
violation of division (A)(1)(b) of that section
was older than the delinquent child, was the same age as the
delinquent child, or was less than three years younger than the
delinquent child, commit the child to
the legal custody of the department of youth
services for institutionalization in a secure facility for an indefinite term
consisting of a minimum period of one to three years, as prescribed by the
court, and a maximum period not to exceed the child's attainment of twenty-one
years of age; (b) If the child is adjudicated a delinquent
child for violating section 2923.02 of the Revised Code and
if the violation involves an attempt to commit a violation of section 2903.01
or 2903.02 of the Revised Code, commit the child to
the legal custody of the department of youth services for institutionalization
in a secure facility for an indefinite term consisting of a minimum period of
six to seven years, as prescribed by the court, and a maximum period not to
exceed the child's attainment of twenty-one years of age; (c) If the child is adjudicated a delinquent child for committing an act that
is not described in division (A)(5)(a) or (b) of this section and that
would be a felony of the first or second degree if committed
by an adult, commit the child to the legal custody
of the department of youth services for institutionalization in a
secure facility for an indefinite term consisting of a minimum
period of one year and a maximum period not to exceed the child's
attainment of twenty-one years of age. (6) If the child is adjudicated a delinquent child for
committing a violation of section 2903.01 or 2903.02 of the Revised Code,
commit the child to
the legal custody of the department of youth services for
institutionalization in a secure facility until the child's
attainment of twenty-one years of age; (7)(a) If the child is adjudicated a delinquent
child for committing an act,
other than a violation of section 2923.12 of the Revised Code, that would be a
felony if committed by an adult and is committed to the legal
custody of the department of youth services pursuant to division
(A)(4), (5), or (6) of this section and if the
court determines that the child, if the child was an adult, would be guilty of
a specification of the type set forth in section
2941.141, 2941.144, 2941.145, or 2941.146 of the Revised Code in relation to
the act for which the child was adjudicated a delinquent child, commit the
child to the legal custody of the department of youth services for
institutionalization in a secure facility for the following period of time,
subject to division (A)(7)(b) of this section: (i) If the child would be guilty of a specification of the
type set forth in section 2941.141 of the Revised Code, a period
of one year; (ii) If the child would be guilty of a specification of the type
set forth in section 2941.144, 2941.145, or 2941.146 of the Revised Code, a
period of three years. (b) The court shall not
commit a child to the legal custody of the department of youth services
pursuant to division (A)(7)(a) of this section for a period of time
that exceeds three years. The period of
commitment imposed pursuant to division (A)(7)(a) of this
section shall be in addition to, and shall be served consecutively with and
prior to, a period of commitment ordered pursuant to division
(A)(4), (5), or (6) of this section, provided that the total of all
the periods of commitment shall not exceed the child's attainment of
twenty-one years of age. (8)(a) Impose a fine and costs in accordance with
the schedule set forth in section 2151.3512 of the Revised Code; (b) Require the child to make restitution for all or part
of the property damage caused by the child's delinquent act and for
all or part of the value of the property that was the subject of any
delinquent act the child committed that would be a theft
offense, as defined in division (K) of section 2913.01 of the
Revised Code, if committed by an adult. If the court determines
that the victim of the child's delinquent act was sixty-five
years of age or older or permanently and totally disabled at the
time of the commission of the act, the court, regardless of
whether or not the child knew the age of the victim, shall consider
that fact in favor of imposing restitution, but that fact shall
not control the decision of the court. The restitution may be in
the form of a cash reimbursement paid in a lump sum or in
installments, the performance of repair work to restore any
damaged property to its original condition, the performance of a
reasonable amount of labor for the victim, the performance of
community service or community work, any other form of
restitution devised by the court, or any combination of the
previously described forms of restitution. (9) Subject to division (D) of this section,
suspend or revoke the driver's license, probationary driver's
license, or temporary
instruction permit issued to the child or suspend or revoke the
registration of all motor vehicles registered in the name of the
child;. A child whose license or permit is so suspended or
revoked is ineligible for issuance of a license or permit during the period of
suspension or revocation. At the end of the period of suspension or
revocation, the child shall not be reissued a license or permit until the
child has paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement. (10) If the child is adjudicated a delinquent child for
committing an act that, if committed by an
adult, would be a criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the
Revised Code, impose a period of electronically monitored house
detention in accordance with division (I) of this section
that
does not exceed the maximum sentence of imprisonment that could
be imposed upon an adult who commits the same act; (11) Commit the child to the temporary or permanent custody of the court; (12) Make any further disposition that the court finds
proper, except that the child shall not be placed in any of the following: (a) A state
correctional institution, a county, multicounty, or municipal jail
or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is held; (b) A community corrections facility,
if the child would be covered by the definition of public safety
beds for purposes of sections 5139.41 to 5139.45 of the
Revised Code if the court exercised its
authority to commit the child to the legal custody of the
department of youth services for institutionalization or
institutionalization in a secure facility pursuant to division
(A)(4), (5), or (6) of this section. As used in division (A)(12)(b)
of this section, "community corrections facility" and "public
safety beds" have the same meanings as in section 5139.01 of the
Revised Code. (B)(1) If a child is adjudicated a delinquent
child for violating section 2923.32 of the Revised Code,
the court, in addition to any order of disposition it makes for
the child under division (A) of this section, shall enter an
order of criminal forfeiture against the child, in accordance
with divisions (B)(3), (4), (5), and (6) and (C) to
(F) of section 2923.32 of the Revised Code. (2) If a child is adjudicated a delinquent child
for committing two or more acts that would be felonies if committed by an
adult and if the court entering the delinquent child adjudication orders the
commitment of the child, for two or more of those acts,
to the legal custody of the department of youth services for
institutionalization or institutionalization in a secure facility pursuant to
division (A)(4), (5), or (6) of this section,
the court may order that all of the periods of commitment imposed under
those
divisions for those acts be served consecutively in the legal
custody of the department of youth services and, if applicable, be in
addition to and commence immediately following the expiration of a
period of commitment that the court imposes pursuant to division
(A)(7) of this section. A court shall not commit a delinquent child
to the legal custody of the department of youth services
under division (B)(2) of this section for a
period that exceeds the child's attainment of twenty-one years of age. (C) If a child is adjudicated a delinquent child for
committing an act that, if committed by an adult, would be
a drug abuse offense, as defined in section 2925.01 of the
Revised Code, or for violating division (B) of section 2917.11
of the Revised Code, in addition to imposing in its
discretion any other order of disposition authorized by this
section, the court shall do both of the following: (1) Require the child to participate in a drug abuse or
alcohol abuse counseling program; (2) Suspend or revoke the temporary instruction permit or,
probationary operator's driver's license, or driver's license
issued to the child until the
child attains eighteen years for a period of age time
prescribed by the court or attends, at the
discretion of the court, until the child attends and satisfactorily
completes, a drug
abuse or alcohol abuse education, intervention, or treatment
program specified by the court. During the time the child is
attending the program, the court shall retain any temporary
instruction permit or, probationary driver's license, or
driver's license issued to the child, and the court
shall return the permit or license when the child satisfactorily completes the
program. (D) If a child is adjudicated a delinquent child
for violating section 2923.122 of the Revised Code, the court, in addition to
any order of
disposition it makes for the child under division (A), (B),
or (C) of this
section, shall revoke the temporary instruction permit and deny the child the
issuance of another temporary instruction permit in accordance with
division (E)(1)(b) of section 2923.122 of the Revised Code or shall
suspend the
probationary driver's
license, restricted license, or nonresident operating privilege of the child
or deny the child the issuance of
a probationary driver's license, restricted license, or temporary
instruction permit in accordance with division
(E)(1)(a), (c), (d), or (e) of section 2923.122 of the Revised Code. (E)(1) At the dispositional hearing and prior to making any
disposition pursuant to division (A) of this section, the court
shall determine whether a victim of the delinquent act
committed by the child was five years of age or younger at the time the
delinquent act was committed, whether a victim of the delinquent act sustained
physical harm to the victim's person during the commission of or otherwise as
a result of the delinquent act, whether a victim of the delinquent act
was sixty-five years of age or older or
permanently and totally disabled at the time the delinquent act
was committed, and whether the delinquent act would have been an
offense of violence if committed by an adult. If the victim was
five years of age or younger at the time the delinquent act was committed,
sustained physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five years of age or
older or permanently and totally
disabled at the time the act was committed, regardless of whether
the child knew the age of the victim, and if the act would
have been an offense of violence if committed by an adult, the
court shall consider those facts in favor of imposing commitment
under division (A)(3), (4), (5), or (6) of this section, but
those facts shall not control the court's decision. (2) At the dispositional hearing and prior to making any
disposition pursuant to division (A)(4), (5), or (6) of this section,
the court shall determine whether the delinquent child previously has been
adjudicated a delinquent child for a violation of a law or ordinance. If the
delinquent child previously has been adjudicated a delinquent child for
a violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under this
section, shall consider the previous
delinquent child adjudication as a conviction of a violation
of the law or ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. (F)(1) When a juvenile court commits a delinquent child to
the custody of the department of youth services pursuant to this
section, the court shall not designate the specific institution
in which the department is to place the child but instead
shall specify that the child is to be institutionalized or that
the institutionalization is to be in a secure facility if that is
required by division (A) of this section. (2) When a juvenile court commits a delinquent child to
the custody of the department of youth services, the court shall
provide the department with the child's medical records, a copy of the report
of any mental
examination of the child ordered by the court, the section or
sections of the Revised Code violated by the child and the degree
of the violation, the warrant to convey the child to the
department, and a copy of the court's journal entry ordering the
commitment of the child to the legal custody of the department. The court
also shall complete the form for the standard predisposition investigation
report that is developed and furnished by the department of youth services
pursuant to section 5139.04 of the Revised Code and provide the department
with the completed form. The department may refuse to accept physical custody
of a delinquent
child who is committed to the legal custody of the department until the
court provides to the department the documents specified in
division (F)(2) of this section. No officer or employee of
the department who refuses to accept physical custody of a delinquent child
who is committed to the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court
fails to provide the documents specified in division (F)(2) of
this section at the time the court transfers the physical custody
of the child to the department. (3) Within five working days after the juvenile court
commits a delinquent child to the custody of the department of
youth services, the court shall provide the department with a
copy of the arrest record pertaining to the act for which the
child was adjudicated a delinquent child, a copy of any victim
impact statement pertaining to that act, and any other
information concerning the child that the department reasonably
requests. Within twenty working days after the department of
youth services receives physical custody of a delinquent child
from a juvenile court, the court shall provide the department
with a certified copy of the child's birth certificate or
the child's social security number, or, if the court made all reasonable
efforts to obtain the information but was unsuccessful, the court
shall provide the department with documentation of the efforts it
made to obtain the information. (4) When a juvenile court commits a delinquent child to
the custody of the department of youth services, the court shall
give notice to the school attended by the child of the child's
commitment by sending to that school a copy of the court's
journal entry ordering the commitment. As soon as possible after
receipt of the notice described in this division, the school
shall provide the department with the child's school transcript.
However, the department shall not refuse to accept a child
committed to it, and a child committed to it shall not be held in
a county or district detention home, because of a school's failure
to provide the school transcript that it is required to provide under
division (F)(4) of this section. (5) The department of youth services shall provide the court and the school
with an updated copy of the child's school transcript and shall
provide the court with a summary of the institutional record of
the child when it releases the child from institutional care. The department
also shall provide the court with a copy of any
portion of the child's institutional record that the court
specifically requests within five working days of the request. (6) When a juvenile court commits a delinquent child to
the custody of the department of youth services pursuant to
division (A)(4) or (5) of this section, the court shall state in
the order of commitment the total number of days that the child
has been held, as of the date of the issuance of the order, in
detention in connection with the delinquent child complaint upon
which the order of commitment is based. The department
shall reduce the minimum period of institutionalization
or minimum period of institutionalization in a secure facility
specified in division (A)(4) or (5) of this section by both the
total number of days that the child has been so held in detention
as stated by the court in the order of commitment and the total
number of any additional days that the child has been held in
detention subsequent to the order of commitment but prior to the
transfer of physical custody of the child to the department. (G)(1) At any hearing at which a child is adjudicated
a delinquent child or as soon as possible after the hearing, the court
shall notify all victims of the delinquent act, who may be
entitled to a recovery under any of the following sections, of
the right of the victims to recover, pursuant to section 3109.09
of the Revised Code, compensatory damages from the child's
parents; of the right of the victims to recover, pursuant to
section 3109.10 of the Revised Code, compensatory damages from
the child's parents for willful and malicious assaults committed
by the child; and of the right of the victims to recover an award
of reparations pursuant to sections 2743.51 to 2743.72 of the
Revised Code. (2) If a child is adjudicated a
delinquent child for committing an act that, if committed by an adult, would
be aggravated murder, murder, rape, felonious sexual penetration in violation
of former section 2907.12 of the Revised Code, involuntary manslaughter, a
felony of
the first or second degree resulting in the death of or physical harm to a
person, complicity in or an attempt to commit any of those offenses, or
an offense under an existing or former law of this state that is or was
substantially equivalent to any of those offenses and if
the court in its order of disposition for that act commits the child
to the custody of the department of youth services, the court may
make a specific finding that the adjudication should be considered a
conviction for purposes of a determination in the future, pursuant to
Chapter 2929. of the Revised Code, as to whether the child is a repeat
violent offender as defined in section
2929.01 of the Revised Code. If the court makes a specific finding as
described in this division, it shall include the specific finding in its order
of disposition and in the record in the case. (H)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by
an adult and if the child caused, attempted to cause, threatened
to cause, or created the risk of physical harm to the victim of
the act, the court, prior to issuing an order of disposition
under this section, shall order the preparation of a victim
impact statement by the probation department of the county in
which the victim of the act resides, by the court's own probation
department, or by a victim assistance program that is operated by
the state, a county, a municipal corporation, or another
governmental entity. The court shall consider the victim impact
statement in determining the order of disposition to issue for
the child. (2) Each victim impact statement shall identify the victim
of the act for which the child was adjudicated a delinquent
child, itemize any economic loss suffered by the victim as a
result of the act, identify any physical injury suffered by the
victim as a result of the act and the seriousness and permanence
of the injury, identify any change in the victim's personal
welfare or familial relationships as a result of the act and any
psychological impact experienced by the victim or the victim's
family as a result of the act, and contain any other information
related to the impact of the act upon the victim that the court
requires. (3) A victim impact statement shall be kept confidential
and is not a public record, as defined in section 149.43 of the
Revised Code. However, the court may furnish copies of the
statement to the department of youth services pursuant to
division (F)(3) of this section or to both the adjudicated
delinquent child or the adjudicated delinquent child's counsel and the
prosecuting
attorney. The copy of a victim impact statement furnished by the court to
the department pursuant to division (F)(3) of
this section shall be kept confidential and is not a public
record, as defined in section 149.43 of the Revised Code. The copies of a
victim impact statement that are made available to
the adjudicated delinquent child or the adjudicated delinquent child's counsel
and the
prosecuting attorney pursuant to division (H)(3) of this
section shall be
returned
to the court by the person to whom they were made available
immediately following the imposition of an order of disposition
for the child under this section. (I)(1) As used in this division, "felony drug abuse
offense" has the same meaning as in section 2925.01 of the
Revised Code. (2) Sections 2925.41 to 2925.45 of the Revised Code apply
to children who are adjudicated or could be adjudicated by a juvenile court
to be delinquent children for an act that, if committed by an
adult, would be a felony drug abuse offense. Subject to division
(B) of section 2925.42 and division (E) of section 2925.43 of the
Revised Code, a delinquent child of that nature loses any right to the
possession of, and forfeits to the state any right, title, and
interest that the delinquent child may have in, property as defined in section
2925.41
and further described in section 2925.42 or 2925.43 of the
Revised Code. (J)(1) As used in this section: (a) "Electronic monitoring device," "certified electronic
monitoring device," "electronic monitoring system," and
"certified electronic monitoring system" have the same meanings
as in section 2929.23 of the Revised Code. (b) "Electronically monitored house detention" means a
period of confinement of a child in the child's home or in other
premises
specified by the court, during which period of confinement all of
the following apply: (i) The child wears, otherwise has attached to the child's person,
or otherwise is subject to monitoring by a certified electronic
monitoring device or is subject to monitoring by a certified
electronic monitoring system. (ii) The child is required to remain in the child's home or other
premises specified by the court for the specified period of
confinement, except for periods of time during which the child is
at school or at other premises as authorized by the court. (iii) The child is subject to monitoring by a central
system that monitors the certified electronic monitoring device
that is attached to the child's person or that otherwise is being
used to
monitor the child and that can monitor and determine the child's location at
any time or at a designated point in time, or the child is required
to
participate in monitoring by a certified electronic monitoring
system. (iv) The child is required by the court to report
periodically to a person designated by the court. (v) The child is subject to any other restrictions and
requirements that may be imposed by the court. (2) A juvenile court, pursuant to division (A)(10) of this
section, may impose a period of electronically monitored house
detention upon a child who is adjudicated a delinquent child for
committing an act that, if committed by an adult, would be a
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the
Revised Code. The court may impose a period of electronically
monitored house detention in addition to or in lieu of any other
dispositional order imposed upon the child, except that any
period of electronically monitored house detention shall not
extend beyond the child's eighteenth birthday. If a court
imposes a period of electronically monitored house detention upon
a child, it shall require the child to wear, otherwise have
attached to the child's person, or otherwise be subject to
monitoring by
a certified electronic monitoring device or to participate in the
operation of and monitoring by a certified electronic monitoring
system; to remain in the child's home or other specified premises
for the
entire period of electronically monitored house detention except
when the court permits the child to leave those premises to go to
school or to other specified premises; to be monitored by a
central system that monitors the certified electronic monitoring
device that is attached to the child's person or that otherwise is
being used to monitor the child and that can monitor and determine
the child's location at any time or at a designated point in time
or to be monitored by the certified electronic monitoring system; to
report periodically to a person designated by the court; and, in
return for receiving a dispositional order of electronically
monitored house detention, to enter into a written contract with
the court agreeing to comply with all restrictions and
requirements imposed by the court, agreeing to pay any fee
imposed by the court for the costs of the electronically
monitored house detention imposed by the court pursuant to
division (E) of section 2929.23 of the Revised Code, and agreeing
to waive the right to receive credit for any time served on
electronically monitored house detention toward the period of any
other dispositional order imposed upon the child for the act for
which the dispositional order of electronically monitored house
detention was imposed if the child violates any of the restrictions
or requirements of the dispositional order of electronically
monitored house detention. The court also may impose other reasonable
restrictions and requirements upon the child. (3) If a child violates any of the restrictions or
requirements imposed upon the child as part of the child's dispositional order
of electronically monitored house detention, the child shall not receive
credit for any time served on electronically monitored house
detention toward any other dispositional order imposed upon
the child for the act for which the dispositional order of
electronically
monitored house detention was imposed. (K) Within ten days after completion of the adjudication,
the court shall give written notice of an adjudication that a
child is a delinquent child to the superintendent of a city,
local, exempted village, or joint vocational school district if
the basis of the adjudication was the commission of an act that
would be a criminal offense if committed by an adult and that was
committed by the delinquent child when the child was sixteen
years of age or older and if the act is any of the following: (1) A violation of section 2923.122 of the Revised Code
that relates to property owned or controlled by, or to an
activity held under the auspices of, the board of education of
that school district; (2) A violation of section 2923.12 of the Revised Code or of
a substantially similar municipal ordinance that was committed
on property owned or controlled by, or at an activity held under the auspices
of, the board of education of that school district; (3) A violation of division (A) of section 2925.03 or 2925.11 of the Revised
Code that was committed on property owned or
controlled by, or at an activity held under the auspices of, the
board of education of that school district and that is not a minor drug
possession offense as defined in section 2925.01 of the Revised Code; (4) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the
Revised Code, or a violation of former section 2907.12 of the Revised Code,
that was committed on property owned or controlled by, or at an activity held
under the auspices of, the board of education of that school district, if the
victim at the time of
the commission of the act was an employee of the board of
education of that school district; (5) Complicity in any violation described in division
(K)(1), (2), (3), or (4) of this section that
was alleged to have been
committed in the manner described in division (K)(1), (2),
(3), or (4) of this section, regardless of whether the
act of complicity was
committed on property owned or controlled by, or at an activity
held under the auspices of, the board of education of that school
district. (L) During the period of a delinquent child's probation
granted
under division
(A)(2) of this section, authorized probation officers who are engaged
within the scope of their supervisory duties or responsibilities may search,
with or without a warrant, the person of the delinquent child, the place of
residence of the delinquent child, and a motor vehicle, another item of
tangible or intangible personal property, or other real property in which the
delinquent child has a right, title, or interest or for which the delinquent
child has the express or implied permission of a person with a right, title,
or
interest to use, occupy, or possess if the probation officers have reasonable
grounds to believe that the delinquent child is not abiding by the law or
otherwise is not complying with the conditions of the delinquent child's
probation. The court that places a delinquent child on probation under
division (A)(2) of this section shall provide the delinquent child with a
written notice that
informs the delinquent child that authorized probation officers who are
engaged within the scope of their supervisory duties or responsibilities may
conduct those types
of searches during the period of probation if they have reasonable grounds to
believe that the delinquent child is not abiding by the law or otherwise is
not complying with the conditions of the delinquent child's probation. The
court also shall provide the written notice described in division
(C)(2)(b) of section 2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division (C)(2)(a) of
that section. Sec. 2151.356. (A) Unless division (C) of this section
applies, if a child is adjudicated a juvenile traffic offender,
the court may make any of the following orders of disposition: (1) Impose a fine and costs in accordance with the schedule set forth in
section 2151.3512 of the Revised Code; (2) Suspend the child's driver's license, probationary
operator's driver's license, or temporary instruction
permit or the registration of all motor vehicles registered in the name of
the child for the period that the court prescribes;.
A child whose
license or permit is so suspended is ineligible for issuance of a license or
permit during the period of suspension. At the end of the period of
suspension, the child shall not be reissued a license or permit until the
child
has paid any applicable reinstatement fee and complied with all requirements
governing license reinstatement. (3) Revoke the child's driver's license, probationary driver's
license, or temporary instruction permit or the registration of
all motor vehicles registered in the name of
the child;. A child
whose license or permit is so revoked is ineligible for issuance of a license
or permit during the period of revocation. At the end of the period of
revocation, the child shall not be reissued a license or permit until the
child
has paid any applicable reinstatement fee and complied with all requirements
governing license reinstatement. (4) Place the child on probation; (5) Require the child to make restitution for all damages
caused by the child's traffic violation or any part of the
damages; (6) If the child is adjudicated a juvenile traffic
offender for committing a violation of division (A) of
section 4511.19 of the Revised Code or of a municipal ordinance
that is substantially comparable to that division, commit the
child, for not longer than five days, to the temporary custody of
a detention home or district detention home established under
section 2151.34 of the Revised Code, or to the temporary custody
of any school, camp, institution, or other facility for children
operated in whole or in part for the care of juvenile
traffic offenders of that nature by the county, by a district organized
under section 2151.34 or 2151.65 of the Revised Code, or by a private
agency or organization within the state that is authorized and
qualified to provide the care, treatment, or placement required. If an order
of disposition committing a child to the temporary custody of a home, school,
camp, institution, or other facility of that nature is
made under division (A)(6) of this section, the length of the commitment shall
not be reduced or diminished as a credit for any time that the child
was held in a place of detention or shelter care, or otherwise
was detained, prior to entry of the order of disposition. (7) If, after making a disposition under divisions (A)(1)
to (6) of this section, the court finds upon further hearing that
the child has failed to comply with the orders of the court and
the child's operation of a motor vehicle constitutes the
child a danger to
the child and to others, the court may make any disposition
authorized by divisions (A)(1), (2), and (A)(7) to (11) of
section 2151.355 of the Revised Code, except that the child may not
be committed to or placed in a secure correctional facility unless authorized
by division (A)(6) of this section, and commitment to or placement in
a detention home may not exceed twenty-four hours. (B) If a child is adjudicated a juvenile traffic offender
for violating division (A) of section
4511.19 of the Revised Code, the court shall suspend or revoke
the temporary instruction permit or, probationary driver's
license, or driver's license
issued to the child until the child attains eighteen
years for a period of age time prescribed by the
court or attends, at the discretion of the court, until the
child attends and satisfactorily completes a drug abuse or alcohol abuse
education, intervention, or treatment program specified by the court. During
the time the child is attending the program, the court shall retain any
temporary instruction permit or, probationary driver's
license, or driver's license issued to the child and shall return the
permit or
license when the child satisfactorily completes the program. If
a child is adjudicated a juvenile traffic offender for
violating division (B) of section 4511.19 of the
Revised Code, the court shall suspend the temporary instruction
permit or, probationary driver's license, or driver's
license issued to the child for the shorter a period of
not less than sixty days or until the child attains eighteen NOR
MORE THAN TWO years
of age. (C) If a child is adjudicated a juvenile traffic offender
for violating division (B)(1) or (2) of section 4513.263 of
the Revised Code, the court shall impose the appropriate fine set
forth in section 4513.99 of the Revised Code. If a child is
adjudicated a juvenile traffic offender for violating
division (B)(3) of section 4513.263 of the Revised Code and if
the
child is sixteen years of age or older, the court shall impose
the fine set forth in division (G) of section 4513.99 of the
Revised Code. If a child is adjudicated a juvenile traffic
offender for violating division (B)(3) of section 4513.263
of the Revised Code and if the child is under sixteen years of age,
the court shall not impose a fine but may place the child on
probation. (D) A juvenile traffic offender is subject to sections
4509.01 to 4509.78 of the Revised Code. Sec. 3301.07. The state board of education shall exercise
under the acts of the general assembly general supervision of the
system of public education in the state. In addition to the
powers otherwise imposed on the state board under the provisions
of law, the board shall have the following powers: (A) Exercise policy forming, planning, and evaluative
functions for the public schools of the state, and for adult
education, except as otherwise provided by law; (B) Exercise leadership in the improvement of public
education in this state, and administer the educational policies
of this state relating to public schools, and relating to
instruction and instructional material, building and equipment,
transportation of pupils, administrative responsibilities of
school officials and personnel, and finance and organization of
school districts, educational service centers, and territory. Consultative
and advisory services in such matters shall be provided by the board to school
districts and educational service centers of this state. The board also shall
develop a standard of financial reporting which shall be used by all school
districts and educational service centers to make their financial information
available
to the public in a format understandable by the average citizen
and provide year-to-year comparisons for at least five years. The format
shall show, among other things, district and educational service center
revenue by source; expenditures for salaries, wages, and benefits of
employees, showing such amounts separately for classroom
teachers, other employees required to hold licenses issued
pursuant to sections 3319.22 to 3319.31 of the Revised Code, and
all other employees; expenditures other than for personnel, by
category, including utilities, textbooks and other educational
materials, equipment, permanent improvements, pupil
transportation, extracurricular athletics, and other
extracurricular activities; and per pupil expenditures. (C) Administer and supervise the allocation and
distribution of all state and federal funds for public school
education under the provisions of law, and may prescribe such
systems of accounting as are necessary and proper to this
function. It may require county auditors and treasurers, boards
of education, educational service center governing boards, treasurers of such
boards, teachers, and other
school officers and employees, or other public officers or
employees, to file with it such reports as it may prescribe
relating to such funds, or to the management and condition of
such funds. (D) Formulate and prescribe minimum standards to be
applied to all elementary and secondary schools in this state for
the purpose of requiring a general education of high quality. Such standards
shall provide adequately for: a curriculum
sufficient to meet the needs of pupils in every community;
locally developed competency programs; the licensing of
teachers, administrators, and other professional personnel and
their assignment according to training and qualifications;
efficient and effective instructional materials and equipment,
including library facilities; the proper organization,
administration, and supervision of each school, including
regulations for preparing all necessary records and reports and
the preparation of a statement of policies and objectives for
each school; buildings, grounds, health and sanitary facilities
and services; admission of pupils, and such requirements for
their promotion from grade to grade as will assure that they are
capable and prepared for the level of study to which they are
certified; requirements for graduation; and such other factors as
the board finds necessary. In the formulation and administration of such standards for
nonpublic schools the board shall also consider the particular
needs, methods and objectives of those schools, provided they do
not conflict with the provision of a general education of a high
quality and provided that regular procedures shall be followed
for promotion from grade to grade of pupils who have met the
educational requirements prescribed. (E) Formulate and prescribe minimum standards for driver
education courses conducted at high schools in the state or by
educational service centers or joint vocational school district boards of
education. In the formulation of standards for driver education courses,
the board shall call upon the director of public safety for advice and
assistance. The standards shall require twenty-four hours of
classroom instruction, and eight hours of actual behind-the-wheel instruction
conducted on public streets and highways of this state, but shall not require
any additional hours of observation within a vehicle. The board
shall require energy conservation information as part
of the driver education curriculum. Such
information shall include, but need not be limited to, the
identification of inefficient driving techniques and improper
maintenance as they relate to decreased gas mileage, information
regarding the costs and benefits of different modes of travel,
and information concerning relative fuel economy and life-cycle
costs of new automobile purchases. The board also shall require financial
responsibility information as part of the driver education curriculum. (F) Prepare and submit annually to the governor and the
general assembly a report on the status, needs, and major
problems of the public schools of the state, with recommendations
for necessary legislative action and a ten-year projection of the
state's public and nonpublic school enrollment, by year and by
grade level; (G) Prepare and submit to the director of budget and
management the biennial budgetary requests of the state board of
education, for its agencies and for the public schools of the
state; (H) Cooperate with federal, state, and local agencies
concerned with the health and welfare of children and youth of
the state; (I) Require such reports from school districts and educational service
centers, school
officers, and employees as are necessary and desirable. The
superintendents and treasurers of school districts and educational service
centers shall certify
as to the accuracy of all reports required by law or state board
or state department of education rules to be submitted by the
district or educational service center and which contain information necessary
for calculation of state funding. Any superintendent who knowingly falsifies
such report shall be subject to license revocation pursuant
to section 3319.31 of the Revised Code. (J) In accordance with Chapter 119. of the Revised Code,
adopt procedures, standards, and guidelines for the education of
handicapped children pursuant to Chapter 3323. of the Revised
Code, including procedures, standards, and guidelines governing
programs and services operated by county boards of mental
retardation and developmental disabilities pursuant to section
3323.09 of the Revised Code; (K) For the purpose of encouraging the development of
special programs of education for academically gifted children,
employ competent persons to analyze and publish data, promote
research, advise and counsel with boards of education, and
encourage the training of teachers in the special instruction of
gifted children. The board may provide financial assistance out
of any funds appropriated for this purpose to boards of education
and educational service center governing boards
for developing and conducting programs of education for
academically gifted children. (L) Require that all public schools emphasize and
encourage, within existing units of study, the teaching of energy
and resource conservation, beginning in the primary grades; (M) Formulate and prescribe minimum standards requiring
the use of phonics as a technique in the teaching of reading in
grades kindergarten through three. In addition, the state board
shall provide in-service training programs for teachers on the
use of phonics as a technique in the teaching of reading in
grades kindergarten through three. (N) Develop and modify as necessary a state plan for technology
to encourage and promote the use of technological advancements in educational
settings. The board may adopt rules necessary for carrying out any
function imposed on it by law, and may provide rules as are
necessary for its government and the government of its employees,
and may delegate to the superintendent of public instruction the
management and administration of any function imposed on it by
law. It may provide for the appointment of board members to
serve on temporary committees established by the board for such
purposes as are necessary. Permanent or standing committees
shall not be created. Sec. 4301.99. (A) Whoever violates section 4301.47,
4301.48, 4301.49, 4301.62, or 4301.70 or division (B) of section
4301.691 of the Revised Code is guilty of a minor misdemeanor. (B) Whoever violates section 4301.15, division (A)(2) or
(D) of section 4301.22, division (C), (D), (E), (F), (G), (H), or
(I) of section 4301.631, or section 4301.64 or 4301.67 of the
Revised Code is guilty of a misdemeanor of the fourth degree. If an offender who violates section 4301.64 of the
Revised Code
was under the age of eighteen years at the time of the offense, the court, in
addition to any other penalties it imposes upon the offender, shall suspend
the
offender's temporary instruction permit, probationary driver's license, or
driver's license for a period of six months. If the offender is fifteen years
and six months of age or older and has not been issued a temporary instruction
permit or probationary driver's license, the offender shall not be eligible to
be issued such a license or permit for a period of six months. If the
offender
has not attained the age of fifteen years and six months, the offender shall
not be eligible to be issued a temporary instruction permit until the offender
attains the age of sixteen years. (C) Whoever violates division (D) of section 4301.21, or
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.632, 4301.633,
4301.66, 4301.68, or 4301.74, division (B), (C), (D), (E), or (F)
of section 4301.69 of the Revised Code, or division (C), (D),
(E), (F), (G), or (I) of section 4301.691 of the Revised Code is
guilty of a misdemeanor of the first degree. If an offender who violates
section 4301.632 of the
Revised Code was under the age of eighteen years at the time
of the offense and the offense
occurred while the offender was the operator of or a passenger in a motor
vehicle, the court, in
addition to any other penalties it imposes upon the offender, shall suspend
the
offender's temporary instruction permit or probationary driver's license
for a period of six months. If the offender is fifteen
years and six months of age or older and has not been issued a temporary
instruction permit or probationary driver's license,
the offender shall not be eligible to be issued such a license or permit
for
a period of six months. If the offender has not attained the age of fifteen
years and six months, the offender shall not be ELIGIBLE to be issued a
temporary instruction permit until the offender attains the age of sixteen
years. (D) Whoever violates division (B) of section 4301.14, or
division (A)(1) or (3), (B), or (C) of section 4301.22 of the
Revised Code is guilty of a misdemeanor of the third degree. (E) Whoever violates section 4301.63 or division (B) of
section 4301.631 of the Revised Code shall be fined not less than
twenty-five nor more than one hundred dollars. The court
imposing a fine for a violation of section 4301.63 or division
(B) of section 4301.631 of the Revised Code may order that the
fine be paid by the performance of public work at a reasonable
hourly rate established by the court. The court shall designate
the time within which the public work shall be completed. (F)(1) Whoever violates section 4301.634 of the Revised
Code is guilty of a misdemeanor of the first degree. If, in
committing a first violation of that section, the offender
presented to the permit holder or the permit holder's
employee or agent a false,
fictitious, or altered identification card, a false or fictitious
driver's license purportedly issued by any state, or a driver's
license issued by any state that has been altered, the offender
is guilty of a misdemeanor of the first degree and shall be fined
not less than two hundred fifty and not more than one thousand
dollars, and may be sentenced to a term of imprisonment of not
more than six months. (2) On a second violation in which, for the second time,
the offender presented to the permit holder or the permit
holder's employee or
agent a false, fictitious, or altered identification card, a
false or fictitious driver's license purportedly issued by any
state, or a driver's license issued by any state that has
been altered, the offender is guilty of a misdemeanor of the first
degree and shall be fined not less than five hundred nor more
than one thousand dollars, and may be sentenced to a term of
imprisonment of not more than six months. The court also may
suspend the offender's driver's or commercial driver's license or
permit or nonresident operating privilege or deny the offender
the opportunity to be issued a driver's or commercial driver's
license for a period not exceeding sixty days. (3) On a third or subsequent violation in which, for the
third or subsequent time, the offender presented to the permit
holder or the permit holder's employee or agent a false,
fictitious, or altered
identification card, a false or fictitious driver's license
purportedly issued by any state, or a driver's license issued by
any state that has been altered, the offender is guilty of a
misdemeanor of the first degree and shall be fined not less than
five hundred nor more than one thousand dollars, and may be
sentenced to a term of imprisonment of not more than six months. The court
also shall suspend the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege or deny the offender the opportunity to be issued a
driver's or commercial driver's license for a period of ninety
days, and the court may order that the suspension or denial
remain in effect until the offender attains the age of twenty-one
years. The court also may order the offender to perform a
determinate number of hours of community service, with the court
determining the actual number of hours and the nature of the
community service the offender shall perform. (G) Whoever violates section 4301.636 of the Revised Code is guilty of a
felony of the fifth degree. (H) Whoever violates division (A)(1) of section 4301.22 of
the Revised Code is guilty of a misdemeanor, shall be fined not
less than five hundred and not more than one thousand dollars,
and, in addition to the fine, may be imprisoned for a definite
term of not more than sixty days. (I) Whoever violates division (A) of section 4301.69 or
division (H) of section 4301.691 of the Revised Code is guilty of
a misdemeanor, shall be fined not less than five hundred and not
more than one thousand dollars, and, in addition to the fine, may
be imprisoned for a definite term of not more than six months. Sec. 4507.05. (A) The registrar of motor vehicles, or the
a
deputy registrar, upon receiving from any person
an application
for a temporary instruction permit and a temporary instruction permit
identification card for a driver's license from any person
who is at least fifteen years and six months of age, may
issue such a permit and identification card entitling the applicant,
while having the
permit in his immediate possession, to drive a
motor vehicle,
other than a commercial motor vehicle, upon the highways when
under the following conditions: (1) If the permit is issued to a person who is at least fifteen years
and six months of age, but less than sixteen years of age: (a) The permit and identification card are in the
holder's immediate POSSESSION; (b) The holder is accompanied by an eligible adult
who actually occupies the seat beside the permit holder; (c) The total number of occupants of the vehicle
does not exceed the total number of occupant restraining devices originally
installed in the motor vehicle by its MANUFACTURER, and each occupant of the
vehicle is wearing all of the available elements of a properly adjusted
occupant restraining device. (2) If the permit is issued to a person who is at least sixteen years of
age: (a) The permit and identification card are in the holder's
immediate
possession; (b) The holder is
accompanied by a licensed operator who is at least twenty-one years of age
and is actually occupying a
seat beside the driver; (c) The total number of occupants of the
vehicle does not exceed the total number of occupant restraining devices
originally installed in the motor vehicle by its manufacturer, and each
occupant
of the vehicle is wearing all of the
available elements of a properly adjusted occupant restraining
device. The (B) The registrar or a deputy registrar,
upon receiving from any person an application for a temporary
instruction permit and temporary instruction permit identification card
to
operate a motorcycle or motorized bicycle,
may issue such a permit and identification card entitling the
applicant, while
having the
permit and identification card in his the applicant's
immediate
possession, to drive a
motorcycle or motorized bicycle under
restrictions determined by the registrar. Such permits
A temporary instruction permit and temporary instruction permit
identification card to operate a motorized bicycle may be issued
to a person fourteen or fifteen years old. (C) Any permit and identification card issued under this
section shall be
issued in the same manner as drivers' licenses, including the age
requirements as provided under section 4507.08
of the Revised
Code a driver's license, upon forms a form to be
furnished by the registrar, except
that no
photograph of the applicant shall be required on the permit, and
that temporary instruction permits for
motorized bicycles may be
issued to persons fourteen or fifteen years old.
No such A temporary instruction
permit to drive a motor vehicle other than a commercial motor vehicle
shall be granted valid for a period to
exceed
six months of one year. (D) Any person having in his the person's possession a
valid and
current
driver's license or motorcycle operator's license or endorsement
issued to him the person by another jurisdiction recognized by
this state is
exempt from obtaining a temporary instruction permit for a
driver's license, but shall submit to the regular examination in
obtaining a driver's license or motorcycle operator's endorsement
in this state. The (E) The registrar may adopt rules governing the use
of such temporary instruction permits and temporary
instruction permit identification cards. (F)(1) No holder of a permit issued
under division (A) of this
section shall operate a motor vehicle upon a highway or any
public or private property used by the public for purposes of
vehicular travel or parking in violation of the conditions
established under division (A)
of this section. (2) Except as provided in division (F)(2) of this section, no
holder of a permit that is issued under division
(A) of this section and that is issued on or
after the effective date of this amendment, and who has not attained the age
of seventeen years, shall
operate a motor vehicle upon a highway or any public or private property used
by the public for purposes of vehicular travel or parking between the hours of
one a.m. and five a.m. The holder of a permit issued under division (A) of this section
on
or after the effective date of this amendment, who has not attained the age of
seventeen years, may operate a motor vehicle upon a highway or any public or
private property used by the public for purposes of vehicular travel or parking
between the hours of one a.m. and five
a.m. if, at the time of such operation, the holder is
accompanied by the holder's parent, guardian, or custodian, and the parent,
guardian, or custodian holds a current valid driver's or commercial driver's
license issued by this state and is actually occupying a seat beside the
permit holder. (G)(1) Notwithstanding
any other provision of law to the contrary, no law enforcement
officer shall cause the operator of a motor vehicle being
operated on any street or highway to stop the motor vehicle for
the sole purpose of determining whether each occupant of the
motor vehicle is wearing all of the available elements of a
properly adjusted occupant restraining device as required by
division (A) of this
section, or for the sole purpose of issuing a ticket, citation,
or summons if the requirement in that division has been or is
being violated, or for causing the arrest of or commencing a
prosecution of a person for a violation of that
requirement. (2) Notwithstanding any other provision of law to the contrary, no law
enforcement officer shall cause the operator of a motor vehicle being operated
on any street or highway to stop the motor vehicle for the sole purpose of
determining whether a violation of division
(F)(2) of this section has been or is being
committed or for the sole purpose of issuing a ticket, citation, or summons
for
such a violation or for causing the arrest of or commencing a prosecution of a
person for such violation. (H) As used in this section: (1) "Eligible adult" means any of the following: (a) An instructor of a driver education course
approved by the department of education or a driver training course approved
by
the DEPARTMENT of public safety; (b) Any of the following persons who holds a current
valid driver's or commercial driver's license issued by this state: (i) A parent, guardian, or custodian of the permit
holder; (ii) A person twenty-one years of age or older who
acts in loco parentis of the permit holder. (2) "Occupant restraining device" has the same meaning as
in section 4513.263 of the
Revised
Code. Sec. 4507.07. (A) The registrar of motor vehicles shall
not grant the application of any minor under eighteen years of
age for a probationary license or, a restricted license, or a
temporary instruction permit, unless
the application is signed by one of the minor's parents, the minor's guardian,
another
person having custody of the applicant, or, if there is no parent
or guardian, a responsible person who is willing to assume the
obligation imposed under this section. At the time a minor under eighteen years of age submits an
application for a license or permit at a driver's license examining
station, the adult who signs the application shall present
identification establishing that the adult is the individual whose
signature appears on the application. The registrar shall prescribe, by rule,
the types of identification
that are suitable for the purposes of this paragraph. If the
adult who signs the application does not provide identification
as required by this paragraph, the application shall not be
accepted. When a minor under eighteen years of age applies for a
probationary license or, a restricted license, or a temporary
instruction permit, the registrar shall give
the adult who signs the application
notice of the potential liability that may be imputed to the
adult pursuant to division (B) of this section and notice of how
the adult may prevent any liability from being imputed to
the adult pursuant to that division. (B) Any negligence, or willful or wanton misconduct, that
is committed by a minor under eighteen years of age when driving
a motor vehicle upon a highway shall be imputed to the person who
has signed the application of the minor for a probationary
license or, restricted license, or temporary instruction
permit, which person shall be jointly and
severally liable with the minor for any damages caused by the
negligence or the willful or wanton misconduct. This joint and
several liability is not subject to division (D) of section
2315.19, division (F) of section 2315.20, or division
(B) of section 2307.31 of the Revised Code with
respect to a negligence or other tort
claim that otherwise is subject to any of those
sections. There shall be no imputed liability imposed under this
division if a minor under eighteen years of age has proof of
financial responsibility with respect to the operation of a motor
vehicle owned by the minor or, if the minor is not the owner of a
motor vehicle, with respect to the minor's operation of any motor
vehicle, in the form and in the amounts as required under Chapter
4509. of the Revised Code. (C) Any person who has signed the application of a minor
under eighteen years of age for a license or permit subsequently may
surrender to the registrar the license or temporary instruction
permit of the minor and request that the license or permit be
canceled. The registrar then shall cancel the license or
temporary instruction permit, and the person who signed the application
of the minor shall be relieved from the liability imposed by
division (B) of this section. (D) Any minor under eighteen years of age whose
probationary license, restricted license, or temporary
instruction permit is surrendered to the registrar by the person
who signed the application for the license or permit and whose license
or
temporary instruction permit subsequently is canceled by the
registrar may obtain a new license or temporary instruction
permit without having to undergo the examinations otherwise
required by sections 4507.11 and 4507.12 of the Revised Code and
without having to tender the fee for that license or
temporary instruction
permit, if the minor is able to produce another parent, guardian,
other person having custody of the minor, or other adult, and
that adult is willing to assume the
liability imposed under division (B) of
this section. That adult shall comply
with the procedures
contained in division (A) of this section. Sec. 4507.071. (A) No driver's license shall be
issued to any person under eighteen years of age, except that a
probationary license may be issued to a person who is at least sixteen
years of age and has held a temporary instruction permit for a
period of at least six months. (B) No holder of a probationary
driver's license issued on
or after the effective date of this section who has not attained the age of
seventeen years shall operate a motor vehicle upon
a highway or any public or private property used by the public for purposes of
vehicular travel or parking between the hours of one
a.m.
and five a.m. unless the holder is accompanied
by the holder's parent or guardian. (C) It is an
affirmative defense to a violation of division
(B) of this section if, at the time of the
violation, the holder of the probationary driver's license was traveling to or
from the holder's place of employment or an official function sponsored by the
school the holder attends, or an emergency existed that required the holder to
operate a motor vehicle in violation of division (B) of this
section, or the holder was an emancipated minor. (D) No holder of a probationary license shall
operate a motor vehicle upon a highway or any public or private
property used by the public for purposes of vehicular travel or
parking unless
the total number of occupants of the
vehicle does not exceed the total number of occupant restraining devices
originally installed in the motor vehicle by its manufacturer, and each
occupant
of the vehicle is wearing all of
the available elements of a properly adjusted occupant
restraining device. (E) A restricted license
may be issued to a person who is fourteen or fifteen years of
age upon proof of hardship satisfactory to the registrar of
motor vehicles. (F) Notwithstanding
any other provision of law to the contrary, no law enforcement
officer shall cause the operator of a motor vehicle being
operated on any street or highway to stop the motor vehicle for
the sole purpose of determining whether each occupant of the
motor vehicle is wearing all of the available elements of a
properly adjusted occupant restraining device as required by
division (D) of this section,
or for the sole purpose of issuing a ticket, citation, or
summons if the requirement in that division has been or is being
violated, or for causing the arrest of or commencing a
prosecution of a person for a violation of that
requirement. (G) Notwithstanding any other
provision of law to the contrary, no law enforcement officer shall cause the
operator of a motor vehicle being operated on any street or highway to stop
the
motor vehicle for the sole purpose of determining whether a violation of
division (B) of this section has been or is
being committed or for the sole purpose of issuing a ticket, citation, or
summons for such a violation or for causing the arrest of or commencing a
prosecution of a person for such violation. (H) As used in this
section, "occupant restraining device" has the same meaning as
in section 4513.263 of the
Revised
Code. Sec. 4507.08. No driver's license shall be issued to any
person under eighteen years of age, except that a probationary
license may be issued to a person over sixteen years of age and a
restricted license may be issued to a person who is fourteen or
fifteen years of age upon proof of hardship satisfactory to the
registrar of motor vehicles. (A) No probationary license shall
be
issued to any person under the age of eighteen who has been
adjudicated an unruly or delinquent child or a juvenile traffic
offender for having committed any act that if committed by an
adult would be a drug abuse offense, as defined in section
2925.01 of the Revised Code, a violation of division (B) of
section 2917.11, or a violation of division (A) of section
4511.19 of the Revised Code, unless the person has been required
by the court to attend a drug abuse or alcohol abuse education,
intervention, or treatment program specified by the court and has
satisfactorily completed the program. (B) No temporary instruction permit or driver's license shall
be issued to any person whose license has been suspended, during
the period for which the license was suspended, nor to any person
whose license has been revoked, under sections 4507.01 to 4507.39
of the Revised Code, until the expiration of one year after the
license was revoked. (C) No temporary instruction permit or driver's license shall
be issued to any person whose commercial driver's license is
suspended under section 1905.201, 2301.374, 4507.16, 4507.34,
4507.99, 4511.191, or 4511.196 of the Revised Code or under any other
provision of the Revised Code during the period of the
suspension. No temporary instruction permit or driver's license shall be issued to any
person when issuance is prohibited by division (A) of section 4507.091 of the
Revised Code. (D) No temporary instruction permit or driver's license shall
be issued to, or retained by, any of the following persons: (A)(1) Any person who is an alcoholic, or is addicted to the
use of controlled substances to the extent that the use
constitutes an impairment to the person's ability to operate a
motor vehicle with the required degree of safety;
(B)(2) Any person who is under the age of eighteen and has
been adjudicated an unruly or delinquent child or a juvenile
traffic offender for having committed any act that if committed
by an adult would be a drug abuse offense, as defined in section
2925.01 of the Revised Code, a violation of division (B) of
section 2917.11, or a violation of division (A) of section
4511.19 of the Revised Code, unless the person has been required
by the court to attend a drug abuse or alcohol abuse education,
intervention, or treatment program specified by the court and has
satisfactorily completed the program;
(C)(3) Any person who, in the opinion of the registrar, is
afflicted with or suffering from a physical or mental disability
or disease that prevents the person from exercising reasonable and
ordinary control over a motor vehicle while operating the vehicle
upon the highways, except that a restricted license effective for
six months may be issued to any person otherwise qualified who is
or has been subject to any condition resulting in episodic
impairment of consciousness or loss of muscular control and whose
condition, in the opinion of the registrar, is dormant or is
sufficiently under medical control that the person is capable of
exercising reasonable and ordinary control over a motor vehicle. A restricted
license effective for six months shall be issued to
any person who is otherwise qualified who is subject to any
condition that causes episodic impairment of consciousness or a
loss of muscular control if the person presents a statement from
a licensed physician that the person's condition is under effective
medical control and the period of time for which the control has
been continuously maintained, unless, thereafter, a medical
examination is ordered and, pursuant thereto, cause for denial is
found.
A person to whom a six-month restricted license has been
issued shall give notice of the person's medical condition to the
registrar on forms provided by the registrar and signed by the
licensee's physician. The notice shall be sent to the registrar
six months after the issuance of the license. Subsequent
restricted licenses issued to the same individual shall be
effective for six months. (D)(4) Any person who is unable to understand highway
warnings or traffic signs or directions given in the English
language;
(E)(5) Any person making an application whose driver's
license or driving privileges are under revocation or suspension
in the jurisdiction where issued or any other jurisdiction, until
the expiration of one year after the license was revoked or until
the period of suspension ends. Any person whose application is
denied under this division may file a petition in the municipal
court or county court in whose jurisdiction the person resides
agreeing to pay the cost of the proceedings and alleging that the
conduct involved in the offense that resulted in suspension or
revocation in the foreign jurisdiction would not have resulted in
a suspension or revocation had the offense occurred in this
state. If the petition is granted, THE petitioner shall notify the
registrar by a certified copy of the court's
findings and a license shall not be denied under this division.
(F)(6) Any person whose driver's or commercial driver's
license or permit has been permanently revoked pursuant to
division (C) of section 4507.16 of the Revised Code;
(G)(7) Any person who is not a resident or temporary resident
of this state.
Sec. 4507.081. (A) Upon the expiration of a restricted
license issued under division (C)(D)(3) of section 4507.08 of
the
Revised Code and submission of a statement as provided in
division (C) of this section, the registrar of motor vehicles may
issue a driver's license to the person to whom the restricted
license was issued. A driver's license issued under this section
shall, unless otherwise revoked, shall be effective for one
year. (B) A driver's license issued under this section may be
renewed annually, for no more than three consecutive years,
whenever the person to whom the license has been issued submits
to the registrar, by certified mail and no sooner than thirty
days prior to the expiration date of the license or renewal
thereof, a statement as provided in division (C) of this section.
A renewal of a driver's license shall, unless the license is
otherwise revoked, shall be effective for one year following the
expiration date of the license or renewal thereof, and shall be
evidenced by a validation sticker. The renewal validation
sticker shall be in a form prescribed by the registrar and shall
be affixed to the license. (C) No person may be issued a driver's license under this
section, and no such driver's license may be renewed, unless the
person presents a signed statement from a licensed physician that
the person's condition is either is dormant or is under
effective
medical control, that the control has been maintained
continuously for at least one year prior to the date on which
application for the license is made, and that, if continued
medication is prescribed to control the condition, the person may
be depended upon to take the medication. The statement shall be made on a form provided by the
registrar, shall be in not less than duplicate, and shall contain
such any other information as the registrar considers
necessary. The
duplicate copy of the statement may be retained by the person
requesting the license renewal and, when in his the person's
immediate
possession and used in conjunction with the original license,
shall entitle him the person to operate a motor vehicle during a
period of
no more than thirty days following the date of submission of the
statement to the registrar, except when the registrar denies the
request for the license renewal and so notifies the person. (D) Whenever the registrar receives a statement indicating
that the condition of a person to whom a driver's license has
been issued under this section is no longer is dormant or under
effective medical control, the registrar shall revoke the
person's driver's license. (E) Nothing in this section shall require a person
submitting a signed statement from a licensed physician to obtain
a medical examination prior to the submission of the statement. (F) Any person whose driver's license has been revoked
under this section may apply for a subsequent restricted license
according to the provisions of section 4507.08 of the Revised
Code. Sec. 4507.10. (A) The registrar of motor vehicles shall
examine every applicant for a temporary instruction permit,
driver's license, or motorcycle
operator's endorsement before issuing any such permit,
license, or
endorsement. (B) Except as provided in section 4507.12 of the Revised
Code, the registrar may waive the examination of any person
applying for the renewal of a driver's license, or motorcycle
operator's endorsement issued under this chapter, provided that
the applicant presents either an unexpired license or endorsement
or a license or endorsement which has expired not more than six
months prior to the date of application. (C) The registrar may waive the examination of any person
applying for the renewal of such license or endorsement who is on
active duty in the military or naval forces of the United States,
or in service with the peace corps, volunteers in service to
America, or the foreign service of the United States if the
applicant has no physical or mental disabilities that would
affect the applicant's driving ability, had a valid Ohio
driver's or
commercial driver's license at the time
the applicant commenced such active duty or service,
and the applicant's license is not under suspension or revocation by this
state or any other jurisdiction. (D) Except as provided in section 4507.12 of the Revised
Code, the registrar may waive the examination of any person
applying for such license or endorsement who meets either of the
following sets of qualifications: (1) Has been on active duty in the military or naval
forces of the United States, presents an honorable discharge
certificate showing that the applicant has no physical or
mental disabilities which would affect the applicant's
driving
ability, had a valid Ohio
driver's or commercial driver's license at the time
the applicant commenced such active duty, is not under a
license suspension or revocation by this state or any other
jurisdiction, and makes the application not more than six months
after the date of discharge
or separation; (2) Was in service with the peace corps, volunteers in
service to America, or the foreign service of the United States;
presents such evidence of such service as the registrar
prescribes showing that the applicant has no physical or mental
disabilities that would affect applicant's driving ability;
had a valid Ohio driver's or
commercial driver's license at the time the applicant
commenced such
service, is not under a license suspension or revocation by
this state or any other jurisdiction, and makes the application no
more than six months after leaving the
peace corps, volunteers, or foreign service. Sec. 4507.11. The registrar of motor vehicles shall
conduct all necessary examinations of applicants for temporary instruction
permits, drivers'
licenses, or motorcycle operators' endorsements. Such The
examination shall include a test of the applicant's knowledge of
motor vehicle laws, including the laws on stopping for school
buses, a test of his the applicant's physical fitness to drive,
and a test of his the applicant's
ability to understand highway traffic control devices. Such The
examination may be conducted in such a manner that applicants who
are illiterate or limited in their knowledge of the English
language may be tested by methods that would indicate to the
examining officer that the applicant has a reasonable knowledge
of motor vehicle laws and understands highway traffic control
devices. Such An applicant for a driver's license shall
give an actual demonstration of
his the ability to exercise ordinary and reasonable control in
the
operation of a motor vehicle by driving the same under the
supervision of an examining officer. An applicant for a
motorcycle operator's endorsement shall give an actual
demonstration of his the ability to exercise ordinary and
reasonable
control in the operation of a motorcycle by driving the same
under the supervision of an examining officer. Except as
provided in section 4507.12 of the Revised Code, the registrar
shall designate the highway patrol or any law enforcement body to
supervise and conduct examinations for temporary instruction
permits, drivers' licenses, and
motorcycle operators' endorsements and shall provide the
necessary rules and forms to properly conduct such the
examinations. The records of such the examinations, together
with the application
for a temporary instruction permit, driver's license, or
motorcycle operator's endorsement,
shall be forwarded to the registrar by the deputy registrar, and,
if in the opinion of the registrar the applicant is qualified to
operate a motor vehicle, the registrar shall issue such the
permit, license,
or endorsement. The registrar may authorize the highway patrol or other
designated law enforcement body to issue an examiner's driving
permit to an applicant who has passed the required examination,
permitting such authorizing that applicant to operate a motor
vehicle while the
registrar is completing his an investigation relative to
such that
applicant's qualifications to receive a temporary instruction
permit, driver's license, or
motorcycle operator's endorsement. Such The examiner's driving
permit shall be in the immediate possession of the applicant
while operating a motor vehicle and shall be effective until
final action and notification has been given by the registrar,
but in no event longer than sixty days from its date of issuance. Sec. 4507.13. (A) The registrar of motor vehicles shall
issue a driver's license to every person licensed as an operator
of motor vehicles other than commercial motor vehicles. No
person licensed as a commercial motor vehicle driver under
Chapter 4506. of the Revised Code need procure a driver's
license, but no person shall drive any commercial motor vehicle
unless licensed as a commercial motor vehicle driver. Every driver's license shall bear on it the distinguishing
number assigned to the licensee and shall contain the licensee's
name, date of birth, social security number if such number has
been assigned; the licensee's residence address and county of
residence; a color photograph of the licensee; a brief description of the
licensee for the purpose
of identification; a facsimile of the signature of the licensee
as it appears on the application for the license; a space marked
"blood type" in which a licensee may specify the licensee's
blood type; a notation, in a manner prescribed by the registrar, indicating
any condition described in division (D)(3) of section 4507.08 of the
Revised Code
to which the licensee is subject; on and after May
1, 1993, if the licensee has executed a durable power of attorney
for health care or a declaration governing the use or
continuation, or the withholding or withdrawal, of
life-sustaining treatment and has specified that the licensee
wishes the license to indicate that the
licensee has executed either type of
instrument, any symbol chosen by the registrar to indicate that
the licensee has executed either type of instrument; and any
additional information that the registrar requires by rule. The driver's license for licensees under twenty-one years of age shall have
characteristics prescribed by the registrar distinguishing it from that issued
to a licensee who is twenty-one years of age or older, except that a
driver's license issued to a person who applies no more than thirty days
before the applicant's twenty-first birthday shall have the characteristics of
a license issued to a person who is twenty-one year of age or older. The driver's license issued to a temporary resident shall contain the word
"nonrenewable" and shall have any additional characteristics prescribed by the
registrar distinguishing it from a license issued to a resident. Every driver's or commercial driver's license bearing a
motorcycle operator's endorsement and every restricted license to
operate a motor vehicle also shall bear the designation "novice,"
if the endorsement or license is issued to a person who is
eighteen years of age or older and previously has not been
licensed to operate a motorcycle by this state or another
jurisdiction recognized by this state. The "novice" designation
shall be effective for one year after the date of issuance of the
motorcycle operator's endorsement or license. Each license issued under this section shall be of such
material and so designed as to prevent its reproduction or
alteration without ready detection and, to this end, shall be
laminated with a transparent plastic material. (B) Except in regard to a driver's license issued to a
person who applies no more than thirty days before the applicant's
twenty-first birthday, neither the registrar nor any deputy registrar
shall
issue a driver's license to anyone under twenty-one years of age that does not
have the characteristics prescribed by the registrar distinguishing it from
the driver's license issued to persons who are twenty-one years of age or
older. Sec. 4507.162. (A) Except as provided in division (C) of
this section, the registrar of motor vehicles shall suspend the
probationary driver's license or, restricted license,
or temporary instruction permit issued to any
person when the person, before reaching the person's
eighteenth birthday,
has been convicted of, pleaded guilty to, or been adjudicated in
juvenile court of having committed, prior to the person's eighteenth
birthday, any of the following: (1) Three separate violations in any two-year period of
section 2903.06, 2903.07, 2903.08, 2921.331, 4511.12, 4511.13,
4511.15, 4511.191, 4511.192, 4511.20, 4511.201, 4511.202,
4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, 4511.57 to
4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the Revised
Code, section 2903.04 of the Revised Code in a case in which the
person would have been subject to the sanctions described in
division (D) of that section had the person been convicted of
the
violation of that section, or any municipal ordinances similarly
relating to the offenses contained referred to in those
sections; (2) One violation of section 4511.19 of the Revised Code
or a substantially similar municipal ordinance; (3) Two separate violations of any of
the Revised
Code sections referred to in
division (A)(1) of this
section, or any municipal ordinance that is substantially similar
to any of those sections. Any person whose license or permit is suspended under division
(A)(1), (2), or (3) of
this section shall mail or deliver the person's probationary
driver's
license or, restricted license, or temporary
instruction permit to the registrar within fourteen
days of notification of the suspension. The registrar shall
retain the license or permit during the period of the suspension. A
suspension pursuant to division (A)(1) of this section shall
remain in effect until one year has elapsed since the date of
suspension of the probationary driver's license or, restricted
license and, or temporary instruction permit, a
suspension
pursuant to division (A)(2) of this
section shall remain in effect until six months have elapsed
since the date of the suspension, and a
suspension pursuant to division
(A)(3) of this section shall
remain in effect until ninety days have elapsed since the date
of the suspension.
If the person's probationary
driver's license or, restricted license, or temporary
instruction permit is under suspension on
the
date the court imposes sentence upon the person for a violation
described in division (A)(2) of this section, the suspension
shall take effect on the next day immediately following the end
of that period of suspension. If the person is sixteen years of
age or older and pleads guilty to or is convicted of a violation
described in division (A)(2) of this section and the person
does not have
a current, valid probationary driver's license or, restricted
license, or temporary instruction permit, the registrar shall
deny the issuance to the person of a
probationary driver's license, restricted license, driver's
license, or commercial
driver's license, or temporary instruction permit, as the case
may be, for six months beginning on
the date the court imposes sentence upon the person for the
violation. If the person has not attained the age of sixteen
years on the date the court imposes sentence upon the person
for the
violation, the period of denial shall commence on the date the
person attains the age of sixteen years. (B) The registrar also shall suspend the temporary
instruction permit or probationary driver's license of any person
under the age of eighteen who has been adjudicated unruly,
delinquent, or a juvenile traffic offender for having committed
any act that if committed by an adult would be a drug abuse
offense as defined in section 2925.01 of the Revised Code, or a
violation of division (B) of section 2917.11 of the Revised Code
until the person reaches the age of eighteen years or attends, at
the discretion of the court, and satisfactorily completes a drug
abuse or alcohol abuse education, intervention, or treatment
program specified by the court. Any person whose temporary
instruction permit or probationary driver's license is suspended
under this division shall mail or deliver the person's
permit or license
to the registrar within fourteen days of notification of the
suspension. The registrar shall retain the permit or license during
the
period of the suspension. (C) If a person is convicted of, pleads guilty to, or is
adjudicated in juvenile court of having committed a third
violation of sections section 4511.12, 4511.13, 4511.15, 4511.20
to
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or
4511.75 of the Revised Code or any similar municipal ordinances
within a two-year period, and the person, within the preceding
seven years, has been convicted of, pleaded guilty to, or
adjudicated in juvenile court of having committed three or more
violations of division (A) or (B) of section 4511.19 of the
Revised Code, a municipal ordinance relating to operating a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, a municipal ordinance relating to
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine, section 2903.04 of the Revised Code
in a case in which the person was subject to the sanctions
described in division (D) of that section, or section 2903.06,
2903.07, or 2903.08 of the Revised Code or a municipal ordinance
that is substantially similar to section 2903.07 of the Revised
Code in a case in which the jury or judge found that the person
was under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, the person is not entitled to request, and
the court shall not grant to the person, occupational driving
privileges under this division. For any other person who is
convicted of, pleads guilty to, or is adjudicated in juvenile
court of having committed a third violation of sections section
4511.12,
4511.13, 4511.15, 4511.20 to 4511.23, 4511.25, 4511.26 to
4511.48, 4511.57 to 4511.65, or 4511.75 of the Revised Code or
any similar municipal ordinances within a two-year period, the
court in which the third conviction, finding, plea, or
adjudication was made, upon petition of the person, may grant the
person occupational driving privileges if the court finds that
the person will reach the person's eighteenth birthday
before the period
of suspension required to be imposed under division (A)(1) of
this section expires and further finds reasonable cause to
believe that the suspension, if continued beyond the person's
eighteenth birthday, will seriously affect the person's ability
to continue in employment. The occupational driving
privileges granted under this division shall be effective on the
person's eighteenth birthday and during the period following such
birthday for which the suspension would otherwise would be
imposed. A
court shall not grant occupational driving privileges to any
person who, within seven years of the filing of the petition, has
been convicted of, pleaded guilty to, or adjudicated in juvenile
court of having committed three or more violations of division
(A) or (B) of section 4511.19 of the Revised Code, a municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse, a municipal ordinance relating to operating a vehicle with
a prohibited concentration of alcohol in the blood, breath, or
urine, section 2903.04 of the Revised Code in a case in which the
person was subject to the sanctions described in division (D) of
that section, or section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the person was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse. In
granting occupational driving privileges, the court shall specify
the times and places at which the person may drive and may impose
any other conditions upon the person's use of a motor vehicle
that the court considers reasonable and necessary. A court that grants occupational driving privileges to a
person under this division shall retain the person's probationary
driver's license or, restricted license, or temporary
instruction permit during the period the
license or permit is suspended and also during the period for which
occupational driving privileges are granted, and shall deliver to
the person a permit card, in a form to be prescribed by the
court, setting forth the date on which the occupational driving
privileges will become effective, the times and places at which
the person may drive, and any other conditions imposed upon the
person's use of a motor vehicle. The court immediately shall notify the registrar, in
writing, of a grant of occupational driving privileges. The
notification shall specify the date on which the occupational
driving privileges will become effective, the times and places at
which the person may drive, and any other conditions imposed upon
the person's use of a motor vehicle. The registrar shall not
suspend the probationary driver's license or, restricted
license, or temporary instruction permit
of any person pursuant to division (A) of this section during any
period for which the person has been granted occupational driving
privileges as provided in this division, if the registrar has
received the notification described in this division from the
court. (D) If a person who has been granted occupational driving
privileges under division (C) of this section is convicted of,
pleads guilty to, or is adjudicated in juvenile court of having
committed, a violation of section 4507.02 of the Revised Code, or
a fourth or subsequent violation of any of the other
sections of
the Revised Code listed in division (A)(1) of this section or any
similar municipal ordinance during the period for which the
person was
granted occupational driving privileges, the court that granted
the occupational driving privileges shall revoke them and cancel
the person's permit card. The court or the clerk of the court
immediately shall forward the person's probationary driver's
license or, restricted license, or temporary
instruction permit together with written notification
of the court's action to the registrar. Upon receipt of the
license or permit and notification, the registrar shall suspend the
person's probationary driver's license or, restricted
license, or temporary instruction permit for
a period of one year. The registrar shall retain the license or permit
during the period of suspension, and no further occupational
driving privileges shall be granted during that period. (E) No application for a driver's or commercial driver's
license shall be received from any person whose probationary
driver's license or, restricted license, or temporary
instruction permit has been suspended under
this section until the
EACH OF THE FOLLOWING HAS OCCURRED: (1) THE
suspension period has expired, a; (2) A temporary
instruction permit or commercial driver's license temporary
instruction permit has been issued, and the; (3) The person successfully completes a juvenile driver
improvement program approved by the Registrar under division
(F) of this section; (4) The
applicant has
submitted to the examination for a driver's license as provided
for in section 4507.11 or a commercial driver's license as
provided in Chapter 4506. of the Revised Code. (F) The Registrar shall establish standards for juvenile driver
improvement programs and shall approve any such programs that meet the
established standards. The standards established by the Registrar shall
require a minimum of five hours of classroom instruction, with at least three
hours devoted to driver skill requirements and two hours devoted to juvenile
driver information related to the driving records of drivers under the age of
eighteen, driver perceptions, and the value of the traffic laws.
The standards also shall require a person whose probationary driver's
license was suspended under this section to undertake and pass, as successful
completion of an approved juvenile driver improvement program, the driver's
license examination that a person who holds a temporary instruction permit is
required to undertake and pass in order to be issued a probationary driver's
license. the person shall pay the applicable fee that is required to
accompany
an application for a driver's license as prescribed in division
(E) of section 4507.23 of the
Revised Code.
The
registrar
shall prescribe the requirements for the curriculum to be provided as well as
other program directives. Only those programs approved by the Registrar shall
be acceptable for reinstatement of the driving privileges of a person whose
probationary driver's license was suspended under this section. Sec. 4507.21. (A) Each applicant for a driver's license
shall file an application in the office of the registrar of motor
vehicles or of a deputy registrar. Each (B)(1) Each person under eighteen
years of age applying for a driver's license issued in this state
shall present satisfactory evidence of having successfully
completed any one of the following: (1)(a) A driver education course approved by the state
department of education.
(2)(b) A driver training course approved by
the director of public safety.
(3)(c) A driver training course comparable to a driver
education or driver
training course described in division (A)(B)(1)(a) or
(2)(b) of this section and
administered by a branch of the armed forces of the United States and
completed by the applicant while residing outside this state for the purpose
of being with or near any person serving in the armed forces of the United
States.
(2) Each person under eighteen years of age applying for a
driver's license also shall present, on a form prescribed by the registrar, an
affidavit signed by an eligible adult attesting that the person has acquired
at least fifty hours of actual driving experience, with at least ten of those
hours being at night. (C) If the registrar or deputy registrar determines that the
applicant is entitled to the driver's license, it shall be
issued. If the application shows that the applicant's license
has been previously revoked or suspended, the deputy registrar
shall forward the application to the registrar, who shall
determine whether the license shall be granted. (D) All applications shall be filed in duplicate, and the
deputy registrar issuing the license shall immediately forward to
the office of the registrar the original copy of the application,
together with the duplicate copy of the certificate, if issued.
The registrar shall prescribe rules as to the manner in which the
deputy registrar files and maintains the applications and other
records. The registrar shall file every application for a
driver's or commercial driver's license and index them by name
and number, and shall maintain a suitable record of all licenses
issued, all convictions and bond forfeitures, all applications
for licenses denied, and all licenses which have been suspended
or revoked. (B)(E) For purposes of section 2313.06 of the Revised Code,
the registrar shall maintain accurate and
current lists of the residents of each county who are eighteen
years of age or older, have been issued, on and after January 1,
1984, driver's or commercial driver's licenses that are valid and
current, and would be electors if they were registered to vote,
regardless of whether they actually are registered to vote. The
lists shall contain the names, addresses, dates of birth,
duration of residence in this state, citizenship status, and
social security numbers, if the numbers are available, of the
licensees, and may contain any other information that the
registrar considers suitable.
(C)(F) Each person under eighteen years of age applying for a
motorcycle operator's endorsement or a restricted license
enabling him the applicant to operate a motorcycle shall present
satisfactory
evidence of having completed the courses of instruction in the
motorcycle safety and education program described in section
4508.08 of the Revised Code or a comparable course of instruction administered
by a branch of the armed forces of the United States and completed by the
applicant while residing outside this state for the purpose of being with or
near any person serving in the armed forces of the United States. If the
registrar or deputy registrar then determines that the applicant is entitled
to the endorsement or restricted license, it shall be issued.
(G) No person shall knowingly make a false statement in an
affidavit presented in accordance with division (B)(2) of this
section. (H) As used in this section, "eligible adult" means any of the
following persons: (1) A parent, guardian, or custodian of the applicant; (2) A person over the age of twenty-one who acts in loco parentis of the
applicant and who maintains proof of financial responsibility with respect to
the operation of a motor vehicle owned by the applicant or with respect to the
applicant's operation of any motor vehicle. Sec. 4507.99. (A) Whoever violates division (B)(2) or
(D)(1) of section 4507.02 of the Revised Code is guilty of
driving under suspension or revocation or in violation of license
restrictions, a misdemeanor of the first degree. Whoever
violates division (C) of section 4507.02 of the Revised Code is
guilty of driving without paying a license reinstatement fee, a
misdemeanor of the first degree. Except as otherwise provided in division (D)
of section 4507.162 of the Revised Code, the court, in addition to or
independent of all other penalties provided by
law, may suspend for a period not to exceed one year the driver's
or commercial driver's license or permit or nonresident operating
privilege of any person who pleads guilty to or is convicted of a
violation of division (B)(2), (C), or (D)(1) of section 4507.02
of the Revised Code. (B) Whoever violates division (D)(2) of section 4507.02 of
the Revised Code is guilty of driving under OMVI suspension or
revocation and shall be punished as provided in division (B)(1),
(2), or (3) and divisions (B)(4) to (8) of this section. (1) Except as otherwise provided in division (B)(2) or (3)
of this section, driving under OMVI suspension or revocation is a
misdemeanor of the first degree, and the court shall sentence the
offender to a term of imprisonment of not less than three
consecutive days and may sentence the offender pursuant to
section 2929.21 of the Revised Code to a longer term of
imprisonment. As an alternative to the term of imprisonment
required to be imposed by this division, but subject to division
(B)(6) of this section, the court may sentence the offender to a
term of not less than thirty consecutive days of electronically
monitored house arrest as defined in division (A)(4) of section
2929.23 of the Revised Code. The period of electronically
monitored house arrest shall not exceed six months. In addition,
the court shall impose upon the offender a fine of not less than
two hundred fifty and not more than one thousand dollars. Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for thirty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for thirty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code. (2) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to one violation of division
(D)(2) of section 4507.02 of the Revised Code or a municipal
ordinance that is substantially equivalent to that division,
driving under OMVI suspension or revocation is a misdemeanor, and
the court shall sentence the offender to a term of imprisonment
of not less than ten consecutive days and may sentence the
offender to a longer definite term of imprisonment of not more
than one year. As an alternative to the term of imprisonment
required to be imposed by this division, but subject to division
(B)(6) of this section, the court may sentence the offender to a
term of not less than ninety consecutive days of electronically
monitored house arrest as defined in division (A)(4) of section
2929.23 of the Revised Code. The period of electronically
monitored house arrest shall not exceed one year. In addition,
the court shall impose upon the offender a fine of not less than
five hundred and not more than two thousand five hundred dollars. Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for sixty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for sixty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code. (3) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to two or more violations of
division (D)(2) of section 4507.02 of the Revised Code or a
municipal ordinance that is substantially equivalent to that
division, driving under OMVI suspension or revocation is guilty
of a misdemeanor. The court shall sentence the offender to a
term of imprisonment of not less than thirty consecutive days and
may sentence the offender to a longer definite term of
imprisonment of not more than one year. The court shall not
sentence the offender to a term of electronically monitored house
arrest as defined in division (A)(4) of section 2929.23 of the
Revised Code. In addition, the court shall impose upon the
offender a fine of not less than five hundred and not more than
two thousand five hundred dollars. Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the criminal forfeiture to the state of the vehicle
the offender was operating at the time of the offense. The order
of criminal forfeiture shall be issued and enforced in accordance
with section 4503.234 of the Revised Code. If title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and division
(C)(2) or (3) of section 4503.234 of the
Revised Code
applies, in addition to or independent of any other penalty established by law,
the court may fine the offender the value of the vehicle as determined by
publications of the national auto dealer's association. The proceeds from any
fine imposed under this division shall be distributed in accordance with
division (D)(4) of section 4503.234 of the
Revised
Code. (4) In addition to or independent of all other penalties
provided by law or ordinance, the trial judge of any court of
record or the mayor of a mayor's court shall suspend for a period
not to exceed one year the driver's or commercial driver's
license or permit or nonresident operating privilege of an
offender who is sentenced under division (B)(1), (2), or (3) of
this section. (5) Fifty per cent of any fine imposed by a court under
division (B)(1), (2), or (3) of this section shall be deposited
into the county indigent driver's drivers alcohol treatment fund
or municipal indigent
drivers alcohol treatment fund under the control of that court, as created by
the county or municipal corporation pursuant
to division (N) of section 4511.191 of the Revised Code. (6) No court shall impose the alternative sentence of not
less than thirty consecutive days of electronically monitored
house arrest permitted to be imposed by division (B)(1) of this
section or the alternative sentence of a term of not less than
ninety consecutive days of electronically monitored house arrest
permitted to be imposed by division (B)(2) of this section,
unless within sixty days of the date of sentencing, the court
issues a written finding, entered into the record, that, due to
the unavailability of space at the incarceration facility where
the offender is required to serve the term of imprisonment
imposed upon the offender, the offender will not be able to begin
serving
that term of imprisonment within the sixty-day period following
the date of sentencing. If the court issues such a finding, the
court may impose the alternative sentence comprised of or
including electronically monitored house arrest permitted to be
imposed by division (B)(1) or (2) of this section. (7) An offender sentenced under this section to a period
of electronically monitored house arrest shall be permitted work
release during such period. The duration of the work release
shall not exceed the time necessary each day for the offender to
commute to and from the place of employment and the offender's home or other
place specified by the sentencing court and the time actually
spent under employment. (8) Suspension of a commercial driver's license under this
section shall be concurrent with any period of disqualification
under section 2301.374 or 4506.16 of the Revised Code. No person who is
disqualified for life from holding a commercial driver's license
under section 4506.16 of the Revised Code shall be issued a
driver's license under this chapter during the period for which
the commercial driver's license was suspended under this section,
and no person whose commercial driver's license is suspended
under this section shall be issued a driver's license under this
chapter during the period of the suspension. (C) Whoever violates division (B)(1) of section 4507.02 of
the Revised Code is guilty of driving under financial
responsibility law suspension or revocation and shall be punished
as provided in division (C)(1), (2), or (3) and division (C)(4)
of this section. (1) Except as otherwise provided in division (C)(2) or (3) of this section,
driving under financial responsibility law suspension
or revocation is a misdemeanor of the first degree. Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for thirty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for thirty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code. (2) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to one violation of division
(B)(1) of section 4507.02 of the Revised Code or a municipal
ordinance that is substantially equivalent to that division,
driving under financial responsibility law suspension or
revocation is a misdemeanor of the first degree. Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for sixty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for sixty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code. (3) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to two or more violations of
division (B)(1) of section 4507.02 of the Revised Code or a
municipal ordinance that is substantially equivalent to that
division, driving under financial responsibility law suspension
or revocation is a misdemeanor of the first degree. Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the criminal forfeiture to the state of the vehicle
the offender was operating at the time of the offense. The order
of criminal forfeiture shall be issued and enforced in accordance
with section 4503.234 of the Revised Code. If title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and division
(C)(2) or (3) of section 4503.234 of the
Revised Code
applies, in addition to or independent of any other penalty established by law,
the court may fine the offender the value of the vehicle as determined by
publications of the national auto dealer's association. The proceeds from any
fine imposed under this division shall be distributed in accordance with
division (D)(4) of section 4503.234 of the
Revised Code. (4) Except as otherwise provided in division (D) of
section 4507.162 of the Revised Code, the court, in addition to
or independent of all other penalties provided by law, may
suspend for a period not to exceed one year the driver's or
commercial driver's license or permit or nonresident operating
privilege of an offender who is sentenced under division (C)(1),
(2), or (3) of this section. (5) The court shall not release a vehicle from the immobilization ordered
under division (C)(1) or (2) of this section unless the court is presented
with current proof of financial responsibility with respect to that vehicle. (D) Whoever violates division (A)(1) or (3) of section
4507.02 of the Revised Code by operating a motor vehicle when
the offender's
driver's or commercial driver's license has been expired for no
more than six months is guilty of a minor misdemeanor. Whoever
violates division (B) of section 4507.13 or division (C) of
section 4507.52 of the Revised Code is guilty of a minor
misdemeanor. (E) Whoever violates section 4507.33 of the Revised Code
is guilty of permitting the operation of a vehicle by a person
with no legal right to operate a vehicle and shall be punished as
provided in division (E)(1) or (2) of this section. (1) Except as otherwise provided in division (E)(2) of this section,
permitting the operation of a vehicle by a person
with no legal right to operate a vehicle is a misdemeanor of the
first degree. In addition to or independent of any other
sentence that it imposes upon the offender and subject to section
4503.235 of the Revised Code, the court shall order the
immobilization for thirty days of the vehicle involved in the
offense and the impoundment for thirty days of the identification
license plates of that vehicle. The order for immobilization and
impoundment shall be issued and enforced in accordance with
section 4503.233 of the Revised Code. (2) If the offender previously has been convicted of or
pleaded guilty to one or more violations of section 4507.33 of
the Revised Code, permitting the operation of a vehicle by a
person with no legal right to operate a vehicle is a misdemeanor
of the first degree. In addition to or independent of any other
sentence that it imposes upon the offender and subject to section
4503.235 of the Revised Code, the court shall order the criminal
forfeiture to the state of the vehicle involved in the offense.
The order of criminal forfeiture shall be issued and enforced in
accordance with section 4503.234 of the Revised Code. If title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and division
(C)(2) or (3) of section 4503.234 of the
Revised Code
applies, in addition to or independent of any other penalty established by law,
the court may fine the offender the value of the vehicle as determined by
publications of the national auto dealer's association. The proceeds from any
fine imposed under this division shall be distributed in accordance with
division (D)(4) of section 4503.234 of the
Revised
Code. (F) Whoever violates division
(F)(1) or (2) of section 4507.05, or
division (B) or (D)
of section 4507.071 of the
Revised
Code is guilty of a minor misdemeanor. (G) Whoever violates division (G) of section 4507.21
Of the Revised Code shall be fined one hundred dollars. (H) Except as provided in divisions (A) to (E) of this
section and unless another penalty is provided by the laws of
this state, whoever violates any provision of sections 4507.01 to
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a
misdemeanor of the first degree. (G)(I) Whenever a person is found guilty of a violation of
section 4507.32 of the Revised Code, the trial judge of any court
of record, in addition to or independent of all other penalties
provided by law or ordinance, may suspend for any period of time
not exceeding three years or revoke the license of any person,
partnership, association, or corporation, issued under section
4511.763 of the Revised Code.
(H)(J) Whenever a person is found guilty of a violation of a
traffic offense specified in Traffic Rule 13(B) that requires the
person's appearance in court, the court shall require the person to verify the
existence at the time of the
offense of proof of financial responsibility covering the
person's operation of the motor vehicle, or the motor vehicle if
registered in the person's name, and notify the registrar pursuant to division
(D) of section 4509.101 of the Revised Code
if the person fails to verify the existence of such proof of
financial responsibility."
Sec. 4508.02. (A) The director of public safety, subject to Chapter 119. of
the Revised Code, shall adopt and prescribe such rules concerning the
administration and enforcement of sections 4508.01 to 4508.08 of the Revised
Code as are necessary to protect the public. The director shall inspect the
school facilities and equipment of applicants and licensees and examine
applicants for instructor's licenses. (B) The director shall administer and enforce sections 4508.01 to 4508.08 of
the Revised Code, and may call upon the state superintendent of public
instruction for assistance in developing and formulating the rules.
The rules shall require twenty-four hours of classroom
instruction, and eight hours of actual behind-the-wheel instruction conducted
on
public streets and highways of this state. SECTION 2 . That existing sections 2151.354, 2151.355, 2151.356, 3301.07,
4301.99, 4507.05, 4507.07,
4507.08, 4507.081, 4507.10, 4507.11, 4507.13, 4507.162,
4507.21, 4507.99, and 4508.02 of the Revised Code are hereby
repealed.
SECTION 3 . Sections 1 and 2 of this act, except for sections 4507.05 and
4507.99 of the Revised Code, shall take effect January 1,
1999. Sections 4507.05 and 4507.99 of the Revised Code, as amended by this
act, shall take effect July 1, 1998.
SECTION 4 . The Department of Public Safety and the Bureau of Motor Vehicles
shall undertake an extensive and detailed review of all current tests and
examinations that are a part of the process of issuing driver's licenses other
than commercial driver's licenses, including a review of the contents of all
written examinations and all elements of examinations that involve an actual
demonstration of the ability to operate a motor vehicle. Not later than one
year after the effective date of this act, the Department shall submit to the
presiding officers of the General Assembly a written report detailing its
findings and any recommendations it may have concerning the examinations,
including any changes that should be made in any of them.
SECTION 5 . Section 4507.99 of the Revised Code is presented in
this act
as a composite of the section as amended by both
Am. Sub. H.B. 438 and Am. Sub. H.B. 676 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.
SECTION 6 . Section 2151.355 of the Revised Code is presented in Section 1 of
this act as a composite of the section as amended by Am. Sub. H.B. 1 and Am.
Sub. H.B. 215 (effective September 30, 1997)
of the 122nd General Assembly, with the new
language of neither of the acts shown in capital letters. Section 4507.08 of
the Revised Code is presented in this act as a composite of the section as
amended by both Am. H.B. 141 and Am. Sub. S.B. 60 of the 122nd 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.
SECTION 7 . The Department of Public Safety shall maintain records and
statistics indicating the driving history of persons who are issued
probationary driver's licenses on and after the effective date of this act,
including crash records, traffic violation convictions, and driver's license
suspensions and revocations. The Department shall compile the records and
statistics in an appropriate format and, not later than two years after the
effective date of this section, shall submit to the presiding officers of
the General Assembly a report analyzing the information and comparing the
relative
records of juvenile drivers before and after the effective date of this act.
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