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As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 148 |
REPRESENTATIVES WILLIAMS-TAYLOR-THOMAS-SCHULER-
TERWILLEGER-LOGAN-PRINGLE-EVANS-HOOD-ROMAN-BATEMAN-
BENDER-OLMAN-MEAD-HAINES-DAMSCHRODER-COUGHLIN-SCHUCK-
ROBERTS-NETZLEY-O'BRIEN-BUCHY-PETERSON-VERICH-DISTEL-
GOODMAN-BARNES-ALLEN-PATTON-FERDERBER-HOLLISTER-
D.MILLER-KREBS-SALERNO-METELSKY-DePIERO-PERZ-
HOUSEHOLDER-YOUNG-SUTTON-FORD-MAIER-HARTNETT-
GRENDELL-CORE-TIBERI-METZGER-BOYD-HARRIS-AUSTRIA-
SENATOR SOELSLAGER-WATTS-LATTA-DRAKE-CUPP-MUMPER-
SPADA-McLIN-WACHTMANN-KEARNS-BLESSING
A BILL
To amend sections 109.77, 3781.111, 4503.44, 4511.69,
4511.99, 4731.99, and 4734.99 and to enact sections 4731.481 and 4734.23 of
the
Revised Code to increase the penalties for a
violation of the
special parking privileges established for persons with certain
disabilities, to make changes in the application
process for removable windshield placards, to clarify
the status of certain enforcement agents of the Department of
Public Safety in regard to completion of a peace officer training
program, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.77, 3781.111, 4503.44, 4511.69,
4511.99, 4731.99, and 4734.99 be amended and sections 4731.481 and 4734.23 of
the Revised Code be enacted to read as follows:
Sec. 109.77. (A) As used in this section, "felony" has the same meaning
as in section 109.511 of the Revised Code.
(B)(1) Notwithstanding any general, special,
or local law or charter to the contrary, and except as otherwise
provided in this section, no person shall receive an original
appointment on a permanent basis as any of the following unless
the person previously has been awarded a certificate by the
executive director of the Ohio peace officer training commission
attesting to the person's satisfactory completion of an approved
state, county, municipal, or department of natural resources
peace officer basic training program:
(a) A peace officer of any county, township, municipal
corporation, regional transit authority, or metropolitan housing authority;
(b) A natural resources law enforcement staff officer, park
officer, forest officer, preserve officer,
wildlife officer, or state watercraft officer of the department
of natural resources;
(c) An employee of a park district under section 511.232
or 1545.13 of the Revised Code;
(d) An employee of a conservancy district who is
designated pursuant to section 6101.75 of the Revised Code;
(e) A state university law enforcement officer;
(f) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code;
(g) An enforcement agent of the
department of public
safety whom the director of public safety designates
under section 5502.14 of the Revised Code.
(2) Every person who is appointed on a temporary basis or
for a probationary term or on other than a permanent basis as any
of the following shall forfeit the appointed position unless
the person previously has completed
satisfactorily or, within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.74 of the Revised Code, satisfactorily completes a
state, county, municipal, or department of natural resources
peace officer basic training program for temporary or
probationary officers and is awarded a certificate by the
director attesting to the satisfactory completion of the program:
(a) A peace officer of any county, township, municipal
corporation, regional transit authority, or metropolitan housing authority;
(b) A natural resources law enforcement staff officer, park
officer, forest officer, preserve officer,
wildlife officer, or state watercraft officer of the department
of natural resources;
(c) An employee of a park district under section 511.232
or 1545.13 of the Revised Code;
(d) An employee of a conservancy district who is
designated pursuant to section 6101.75 of the Revised Code;
(e) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code;
(f) An enforcement agent of the
department of public
safety whom the director of public safety designates
under section 5502.14 of the Revised Code.
(3) For purposes of division (B) of this section, a state,
county, municipal, or department of natural resources peace
officer basic training program, regardless of whether the program
is to be completed by peace officers appointed on a permanent or
temporary, probationary, or other nonpermanent basis, shall
include at least fifteen hours of training in the handling of the
offense of domestic violence, other types of domestic
violence-related offenses and incidents, and protection orders
and consent agreements issued or approved under section 2919.26
or 3113.31 of the Revised Code and at least six hours of crisis
intervention training. The requirement to complete fifteen hours
of training in the handling of the offense of domestic violence,
other types of domestic violence-related offenses and incidents,
and protection orders and consent agreements issued or approved
under section 2919.26 or 3113.31 of the Revised Code does not
apply to any person serving as a peace officer on March 27, 1979,
and the requirement to complete six hours of training in crisis
intervention does not apply to any person serving as a peace
officer on April 4, 1985. Any person who is serving as a peace
officer on April 4, 1985, who terminates that employment after
that date, and who subsequently is hired as a peace officer by
the same or another law enforcement agency shall complete the six
hours of training in crisis intervention within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.742 of the Revised Code. No peace officer shall have
employment as a peace officer terminated and then be reinstated with intent to
circumvent this section.
(4) Division (B) of this section does not apply to any
person serving on a permanent basis on March 28, 1985, as a park
officer, forest officer, preserve officer, wildlife officer, or
state watercraft officer of the department of natural resources
or as an employee of a park district under section 511.232 or
1545.13 of the Revised Code, to any person serving on a permanent
basis on March 6, 1986, as an employee of a conservancy district
designated pursuant to section 6101.75 of the Revised Code, to
any person serving on a permanent basis on January 10, 1991, as a
preserve officer of the department of natural resources, to
any person employed on a permanent basis on July 2, 1992, as a
special police officer by the
department of mental health pursuant to section 5119.14 of the
Revised Code or by the department of mental retardation and
developmental disabilities pursuant to section 5123.13 of the
Revised Code, or to any person serving on a permanent basis on
June 19, 1978, as a state university law enforcement officer pursuant
to section 3345.04 of the Revised Code and who, immediately prior to June 19,
1978, was serving as a special police officer
designated under authority of that section, OR TO ANY PERSON SERVING
ON A PERMANENT BASIS ON SEPTEMBER 20, 1984, AS A LIQUOR CONTROL
INVESTIGATOR, KNOWN AFTER JUNE 30, 1999, AS AN ENFORCEMENT AGENT OF
THE DEPARTMENT OF PUBLIC SAFETY, ENGAGED IN THE ENFORCEMENT OF
CHAPTERS 4301. AND 4303. of the Revised Code.
(5) Division (B) of this section does not apply to any
person who is appointed as a regional transit authority police officer
pursuant to division (Y) of section 306.35 of the Revised Code if, on or
before July 1, 1996, the person has completed
satisfactorily an approved
state, county, municipal, or department of natural resources peace officer
basic training program and has been awarded a certificate by the executive
director of the Ohio peace officer training commission attesting to the
person's satisfactory completion of such an approved program and if, on
July 1, 1996, the person is performing peace officer functions for a
regional transit authority.
(C) No person, after September 20, 1984, shall receive an
original appointment on a permanent basis as an Ohio veterans' home police
officer
designated under section
5907.02 of the Revised
Code unless the person previously has been awarded a certificate
by the executive director of the Ohio peace officer training commission
attesting to the person's satisfactory completion of an approved
police officer basic training program. Every person who is appointed
on
a temporary basis or for a probationary term or on other than a
permanent basis as an Ohio veterans' home police officer
designated under section 5907.02 of the Revised Code shall
forfeit that position unless the person previously has
completed satisfactorily or, within one year from
the time of appointment,
satisfactorily completes an approved police officer basic training
program.
(D) No bailiff or deputy bailiff of a court of record of
this state and no criminal investigator who is employed by the
state public defender shall carry a firearm, as defined in
section 2923.11 of the Revised Code, while on duty unless the
bailiff, deputy bailiff, or criminal investigator has
done or received one of the following:
(1) Has been awarded a certificate by the executive director of the Ohio
peace officer training commission, which certificate attests to
satisfactory completion of an approved state, county, or
municipal basic training program for bailiffs and deputy bailiffs
of courts of record and for criminal investigators employed by
the state public defender that has been recommended by the Ohio
peace officer training commission;
(2) Has successfully completed
a firearms training program approved by the Ohio peace officer training
commission prior to employment as a bailiff, deputy
bailiff, or criminal investigator;
(3) Prior to June 6, 1986,
was authorized to carry a firearm by the court that
employed the bailiff or deputy bailiff or, in
the case of a criminal
investigator, by the state public defender and has received
training in the use of firearms that the Ohio peace officer training
commission determines is equivalent to the training that
otherwise is required by division (D) of this
section.
(E)(1) Prior to awarding any
certificate prescribed in this section, the executive director of
the Ohio peace officer training commission shall request the
person to whom the certificate is to be awarded to disclose, and
the person shall disclose, any previous criminal conviction of or
plea of guilty of that person to a felony.
(2) Prior to the
award by the executive director of the commission of any
certificate prescribed in this section, the prospective employer of the person
to whom the certificate is to be awarded or the commander of the peace officer
training school attended by that person shall request the bureau of criminal
identification and
investigation to conduct a criminal history records check on the person. Upon
receipt of the request, the bureau promptly shall conduct a criminal history
records check on the person and, upon completion of the check, promptly shall
provide a copy of the criminal history records check to the prospective
employer or peace officer training school commander that made the request.
Upon receipt of the copy of the
criminal history records check from the bureau, the prospective employer or
peace officer training school commander that made the request shall submit the
copy to the executive director of
the Ohio peace officer training commission. The
executive director shall not award any certificate prescribed in this section
unless the executive director has received a copy of the criminal history
records check on the person to whom the certificate is to be awarded.
(3) The executive director of the commission shall not award a certificate
prescribed in this section to a person who has been convicted of or has
pleaded guilty to a felony or who fails to disclose any
previous criminal conviction of or plea of guilty to a
felony as required under division (E)(1) of this section.
(4) The executive director of the commission shall revoke the certificate
awarded to a person as prescribed in this section, and that
person shall forfeit all of the benefits derived from being
certified as a peace officer under this section, if the person,
prior to the award of the certificate, failed to disclose any
previous criminal conviction of or plea of guilty to a
felony as required under division (E)(1)
of this section.
(F)(1) Regardless of whether the person has been awarded the
certificate or has been classified as a peace officer prior to, on, or after
October 16,
1996,
the
executive director of the
Ohio peace officer training commission shall revoke any
certificate that has been awarded to a person as prescribed in
this section if the person does either of the following:
(a) Pleads guilty to a felony committed on or after
January 1, 1997.
(b) Pleads guilty to a misdemeanor
committed on or after January 1, 1997, pursuant to a negotiated plea
agreement as provided in
division (D) of section 2929.29 of the Revised Code
in which the person agrees
to surrender the certificate awarded to the person under this
section.
(2) The executive director of the commission shall suspend any
certificate that has been awarded to a person as prescribed in
this section if the person is convicted, after trial, of a
felony committed on or after January 1,
1997. The executive director shall suspend the certificate
pursuant to division (F)(2) of this section
pending the outcome of an appeal by the
person from that conviction to the
highest court to which the appeal is taken or until the
expiration of the period in which an appeal is required to be
filed. If the person files an appeal that results in that person's
acquittal of the felony or conviction of a misdemeanor, or in the dismissal of
the felony charge against that person, the executive
director shall reinstate the certificate awarded to the person
under this section. If the person files an appeal from that person's
conviction of the felony and the conviction is
upheld by the highest court to which the appeal is taken or if
the person does not file a timely appeal, the executive director
shall revoke the certificate awarded to the person under this
section.
(G)(1) If a person is awarded a certificate under
this section and the certificate is revoked pursuant to division
(E)(4) or
(F) of this section, the person shall not be eligible to receive, at
any time, a certificate attesting to the person's satisfactory completion of a
peace officer basic training program.
(2) The revocation or suspension of a certificate under division
(E)(4) or (F) of this section shall be in accordance with
Chapter 119. of the Revised Code.
(H)(1) A person who was employed as a peace officer of a
county, township, or municipal corporation of the state on
January 1, 1966, and who has completed at least sixteen years of
full-time active service as such a peace officer may receive an
original appointment on a permanent basis and serve as a peace
officer of a county, township, or municipal corporation, or as a
state university law enforcement officer, without complying with
the requirements of division (B) of this section.
(2) Any person who held an appointment as a state highway
trooper on January 1, 1966, may receive an original appointment
on a permanent basis and serve as a peace officer of a county,
township, or municipal corporation, or as a state university law
enforcement officer, without complying with the requirements of
division (B) of this section.
(I) No person who is appointed as a peace officer of a
county, township, or municipal corporation on or after April 9,
1985, shall serve as a peace officer of that county, township, or
municipal corporation unless the person has received training in the
handling of missing children and child abuse and neglect cases
from an approved state, county, township, or municipal police
officer basic training program or receives the training within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.741 of the Revised Code.
(J) No part of any approved state, county, or municipal
basic training program for bailiffs and deputy bailiffs of courts
of record and no part of any approved state, county, or municipal
basic training program for criminal investigators employed by the
state public defender shall be used as credit toward the
completion by a peace officer of any part of the approved state,
county, or municipal peace officer basic training program that
the peace officer is required by this section to complete
satisfactorily.
(K) This section does not apply to any member of the
police department of a municipal corporation in an adjoining
state serving in this state under a contract pursuant to section
737.04 of the Revised Code.
Sec. 3781.111. (A) In addition to the powers conferred by
any other section of the Revised Code, the board of building
standards shall adopt standards and rules to facilitate the
reasonable access and use by all handicapped persons of all
buildings and the facilities of buildings for which plans are
submitted for approval under section 3791.04 of the Revised Code.
No standard or rule shall be applied to any building the plans or
drawings, specifications, and date of which have been approved
prior to the time that the standard or rule takes effect.
(B) Except as otherwise provided in this section, the
standards and rules adopted by the board pursuant to this section
shall be in accordance with THE "The Americans With WITH
Disabilities Act
of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as amended, and THE "The
Fair Housing Amendments ACT of 1988," 102 Stat. 1619, 42 U.S.C.A.
3601, as amended.
(C) All signs posted to designate special parking
locations for handicapped persons and persons with disabilities that limit or
impair the ability to walk in accordance with division (E)
of section 4511.69 of the Revised Code and the standards and
rules adopted pursuant to this section shall be mounted on a
fixed or movable post or otherwise affixed in a vertical position
at a height so that the sign is clearly visible to the driver of
a vehicle when parked in such a location. IF A NEW SIGN OR A REPLACEMENT
SIGN DESIGNATING A SPECIAL PARKING LOCATION IS POSTED ON OR AFTER THE
EFFECTIVE DATE OF THIS AMENDMENT, THERE ALSO SHALL BE AFFIXED UPON THE SURFACE
OF THAT SIGN OR AFFIXED NEXT TO THE
DESIGNATING SIGN A NOTICE THAT STATES THE FINE
APPLICABLE FOR THE OFFENSE OF PARKING A MOTOR VEHICLE IN THE
SPECIAL DESIGNATED PARKING LOCATION IF THE MOTOR VEHICLE IS NOT
LEGALLY ENTITLED TO BE PARKED IN THAT LOCATION.
(D) As used in this section, "handicapped person" has the
same meaning as in section 4112.01 of the Revised Code. As used in division
(C) of this section, "persons with disabilities that limit or impair the
ability to walk" has the same meaning as in division (A)(1) of section 4503.44
of the Revised Code.
(E) No owner of a building or facility where special
parking locations for handicapped persons must be designated in
accordance with the standards and rules adopted pursuant to this
section shall fail to properly mark the special parking locations
as required by those standards and rules or fail to maintain the
markings of the special parking locations, including the erection
and maintenance of the fixed or movable signs.
Sec. 4503.44. (A) As used in this section and in section
4511.69 of the Revised Code:
(1) "Person with a disability that limits or impairs the ability to walk"
means any person who, as determined by a physician or chiropractor,
meets any of the following criteria:
(a) Cannot walk two hundred feet without stopping to rest;
(b) Cannot walk without the use of, or assistance from, a brace, cane,
crutch, another person, prosthetic device, wheelchair, or other assistive
device;
(c) Is restricted by a lung disease to such an extent that the person's
forced (respiratory) expiratory volume for one second, when measured by
spirometry, is less than one liter, or the arterial oxygen tension is less
than sixty millimeters of mercury on room air at rest;
(d) Uses portable oxygen;
(e) Has a cardiac condition to the extent that the person's functional
limitations are classified in severity as class III or class IV according to
standards set by the American heart association;
(f) Is severely limited in the ability to walk due to an arthritic,
neurological, or orthopedic condition;
(g) Is blind.
(2) "Organization" means any private organization or
corporation, or any governmental board, agency, department,
division, or office, that, as part of its business or program,
transports persons with disabilities that limit or impair the ability to walk
on a regular basis in a motor
vehicle that has not been altered for the purpose of providing it
with special equipment for use by handicapped persons. This definition does
not apply to division (J) of this section.
(3) "Physician" means a person licensed to practice
medicine or surgery or osteopathic medicine and surgery under
Chapter 4731. of the Revised Code.
(4) "Chiropractor" means a person licensed to practice
chiropractic under Chapter 4734. of the Revised Code.
(B) Any organization or person with a disability that limits or
impairs the
ability to walk may
apply to the registrar of motor vehicles for a removable windshield placard
or, if the person owns or leases a motor vehicle, the person
may apply for the registration of any motor vehicle the person
owns or leases. In
addition to one or more sets of license plates or one placard, a person with a
disability that limits or impairs the ability to walk shall be
IS entitled to one additional placard, BUT ONLY IF THE PERSON
APPLIES
SEPARATELY FOR THE ADDITIONAL PLACARD, STATES THE REASONS WHY
THE ADDITIONAL PLACARD IS NEEDED, AND THE REGISTRAR, IN THE
REGISTRAR'S DISCRETION, DETERMINES THAT GOOD AND JUSTIFIABLE
CAUSE EXISTS TO APPROVE THE REQUEST FOR THE ADDITIONAL
PLACARD. When a
motor vehicle has been altered for the purpose of providing it
with special equipment for a person with a disability that limits or impairs
the ability to walk, but is
owned or leased by someone other than such a person, the owner or lessee may
apply to the registrar or a deputy registrar for registration under
this section. The application for REGISTRATION OF a removable
windshield placard made MOTOR VEHICLE OWNED OR LEASED by a person
with a disability that limits or impairs the ability to walk or for
registration of a motor vehicle
owned or leased by such a person shall be accompanied by
a signed statement from the applicant's personal physician or
chiropractor certifying that the applicant meets at least one of the
criteria
contained in division (A)(1) of this section and that the
disability is expected to continue for more than six consecutive months.
THE APPLICATION FOR A REMOVABLE WINDSHIELD PLACARD MADE BY
A PERSON WITH A DISABILITY THAT LIMITS OR IMPAIRS THE ABILITY TO
WALK SHALL BE ACCOMPANIED BY A PRESCRIPTION FROM THE APPLICANT'S
PERSONAL PHYSICIAN OR CHIROPRACTOR PRESCRIBING SUCH A PLACARD FOR THE
APPLICANT, AND BY A SIGNED STATEMENT CERTIFYING THAT THE APPLICANT MEETS AT
LEAST ONE OF THE CRITERIA CONTAINED IN DIVISION
(A)(1) OF THIS SECTION. THE PHYSICIAN OR CHIROPRACTOR SHALL STATE ON
THE PRESCRIPTION THE LENGTH OF TIME THE
PHYSICIAN OR CHIROPRACTOR EXPECTS THE APPLICANT TO HAVE THE DISABILITY THAT
LIMITS OR IMPAIRS THE APPLICANT'S ABILITY TO
WALK. The
application for a removable windshield placard made by an
organization shall be accompanied by such documentary evidence of
regular transport of persons with disabilities that limit or impair the
ability to walk by the organization as
the registrar may require by rule and shall be completed in
accordance with procedures that the registrar may require by
rule. The application for registration of a motor vehicle that
has been altered for the purpose of providing it with special
equipment for a person with a disability that limits or impairs the ability to
walk but is owned by someone other
than such a person shall be accompanied by such
documentary evidence of vehicle alterations as the registrar may
require by rule.
(C) When an organization, a person with a
disability that limits or impairs the ability to walk, or a person who does
not have a disability that limits or impairs the ability to walk but owns a
motor vehicle
that has been altered for the purpose of providing it with special equipment
for a person with a disability that limits or impairs the ability to walk
first submits an application for registration of a
motor vehicle under this section and every fifth
year thereafter, the organization or person shall submit
a signed statement from the applicant's personal physician or chiropractor
or, A COMPLETED APPLICATION, AND ANY REQUIRED documentary
evidence of vehicle alterations as provided in division (B) of this section,
and also a power of attorney from the owner of
the motor vehicle if the applicant leases the vehicle. Upon submission of
these
items, the registrar or deputy registrar shall issue to the applicant
appropriate vehicle registration and a set of license plates and validation
stickers, or validation stickers alone when required by section 4503.191 of
the Revised Code. In addition to the letters and numbers
ordinarily inscribed thereon, the license plates shall be
imprinted with the international symbol of access. The license
plates and validation stickers shall be issued upon payment of
the regular license fee as prescribed under section 4503.04 of
the Revised Code and any motor vehicle tax levied under Chapter
4504. of the Revised Code, and the payment of a service
fee equal to the amount specified in division (D) or (G) of section 4503.10 of
the Revised Code.
(D)(1) Upon receipt of an A COMPLETED AND SIGNED
application for a
removable windshield placard and
presentation of a signed statement from the applicant's
personal physician or chiropractor as provided in division (B) of
this section, if required, or presentation of,
A PRESCRIPTION AS DESCRIBED IN
DIVISION (B) OF THIS SECTION, documentary
evidence of regular transport of persons with disabilities that limit or
impair the ability to walk, if
required, and, except as otherwise provided in division (F) of
this section, payment of a fee of five dollars, and the
payment of a service fee equal to the amount specified in division (D) or (G)
of section 4503.10 of the Revised Code,
the registrar or deputy registrar
shall issue to the
applicant a removable windshield placard, which shall bear the date of
expiration on both sides of the placard, in numerals at least one
inch in height, and printed in white on a blue-colored background, and
shall
be valid until expired, revoked, or
surrendered. Every removable windshield placard shall expire on the
last day of the month in the fifth year after the date it
is issued EXPIRES AS DESCRIBED IN DIVISION (D)(2) OF THIS
SECTION, BUT IN NO CASE SHALL A REMOVABLE WINDSHIELD PLACARD BE VALID FOR A
PERIOD OF LESS THAN SIXTY DAYS. Removable windshield placards shall be
renewable upon application as
provided in division (B) of this section, and a service fee equal to the
amount specified in division (D) or (G) of section 4503.10 of the Revised Code
shall be charged for the renewal of a removable windshield placard. An
additional
renewal fee of five dollars shall be charged if the previous parking card or
removable windshield placard expired more than six months prior to the date of
application for renewal. The
registrar shall provide the application form and shall determine
the information to be included thereon. The registrar also
shall determine the form and size of the removable windshield placard, the
material of which it is to be made, and any other
information to be included thereon, and shall adopt rules
relating to the issuance, expiration, revocation, surrender, and
proper display of such placards.
ANY PLACARD ISSUED AFTER THE EFFECTIVE DATE OF THIS AMENDMENT SHALL
BE MANUFACTURED IN A MANNER THAT ALLOWS THE EXPIRATION
DATE OF THE PLACARD TO BE INDICATED ON IT THROUGH
THE PUNCHING, DRILLING, BORING, OR CREATION BY ANY OTHER MEANS
OF HOLES IN THE PLACARD.
(2) AT THE TIME A REMOVABLE WINDSHIELD PLACARD IS
ISSUED TO A PERSON WITH A DISABILITY THAT LIMITS OR IMPAIRS THE
ABILITY TO WALK, THE REGISTRAR OR DEPUTY REGISTRAR SHALL ENTER
INTO THE RECORDS OF THE BUREAU OF MOTOR VEHICLES THE LAST DATE
ON WHICH THE PERSON WILL HAVE THAT DISABILITY, AS INDICATED ON
THE ACCOMPANYING PRESCRIPTION. NOT LESS THAN THIRTY DAYS PRIOR
TO THAT DATE AND ALL REMOVABLE WINDSHIELD PLACARD RENEWAL DATES, THE BUREAU
SHALL SEND A RENEWAL NOTICE TO THAT
PERSON AT THE PERSON'S LAST KNOWN ADDRESS AS SHOWN IN THE
RECORDS OF THE BUREAU, INFORMING THE PERSON THAT THE PERSON'S
REMOVABLE WINDSHIELD PLACARD WILL EXPIRE ON THE INDICATED DATE NOT TO EXCEED
FIVE YEARS FROM THE DATE OF ISSUANCE,
AND THAT THE PERSON IS REQUIRED TO RENEW THE PLACARD BY
SUBMITTING TO THE REGISTRAR OR A DEPUTY REGISTRAR ANOTHER
PRESCRIPTION, AS DESCRIBED IN DIVISION
(B) OF THIS SECTION, AND BY
COMPLYING WITH THE RENEWAL PROVISIONS PRESCRIBED IN DIVISION
(D)(1) OF THIS SECTION. IF
SUCH A PRESCRIPTION IS NOT RECEIVED BY THE REGISTRAR OR A DEPUTY
REGISTRAR BY THAT DATE, THE PLACARD ISSUED TO THAT PERSON
EXPIRES AND NO LONGER IS VALID, AND THIS FACT SHALL BE RECORDED
IN THE RECORDS OF THE BUREAU.
(3) AT LEAST ONCE EVERY YEAR, ON A DATE DETERMINED BY
THE REGISTRAR, THE BUREAU SHALL EXAMINE THE RECORDS OF THE
OFFICE OF VITAL STATISTICS, LOCATED WITHIN THE DEPARTMENT OF
HEALTH, THAT PERTAIN TO DECEASED PERSONS, AND ALSO THE BUREAU'S
RECORDS OF ALL PERSONS WHO HAVE BEEN ISSUED REMOVABLE WINDSHIELD
PLACARDS AND TEMPORARY REMOVABLE WINDSHIELD PLACARDS. IF THE
RECORDS OF THE OFFICE OF VITAL STATISTICS INDICATE THAT A PERSON
TO WHOM A REMOVABLE WINDSHIELD PLACARD OR TEMPORARY REMOVABLE
WINDSHIELD PLACARD HAS BEEN ISSUED IS DECEASED, THE BUREAU SHALL
CANCEL THAT PLACARD, AND NOTE THE CANCELLATION IN ITS
RECORDS.
THE OFFICE OF VITAL STATISTICS SHALL MAKE AVAILABLE TO
THE BUREAU ALL INFORMATION NECESSARY TO ENABLE THE BUREAU TO
COMPLY WITH DIVISION (D)(3) OF THIS SECTION.
(4) Nothing in this section shall be construed to require a person
or organization to apply for a removable windshield placard or special license
plates if the parking card or special license plates issued to the person or
organization under prior law have not expired or been surrendered or revoked.
(E) Any person with a disability that limits or impairs the ability to walk
may apply to the
registrar or a deputy registrar for a temporary removable windshield placard.
The application for a
temporary removable windshield placard shall be accompanied by a signed
statement PRESCRIPTION from the applicant's personal physician
or chiropractor PRESCRIBING SUCH A PLACARD FOR THE APPLICANT, AND BY
A SIGNED STATEMENT certifying that the applicant meets at least one of the
criteria contained in
division (A)(1) of this section and that the disability is
expected to continue for six consecutive months or less.
THE PHYSICIAN OR CHIROPRACTOR SHALL STATE ON THE PRESCRIPTION THE LENGTH
OF TIME THE PHYSICIAN OR CHIROPRACTOR EXPECTS THE APPLICANT TO HAVE THE
DISABILITY THAT LIMITS OR IMPAIRS THE APPLICANT'S ABILITY TO
WALK, WHICH CANNOT EXCEED SIX MONTHS FROM THE DATE OF THE
PRESCRIPTION. Upon receipt of an
application for a temporary removable windshield placard,
presentation of the PRESCRIPTION AND THE signed statement from the
applicant's
personal physician or chiropractor, payment of a fee of five
dollars, and payment of a service fee equal to the amount specified in
division (D) or (G) of section 4503.10 of the Revised Code, the
registrar or deputy registrar shall issue to the applicant a temporary
removable windshield placard. The temporary removable windshield placard
shall be of the same size and form as the removable windshield placard, shall
be printed in white on a red-colored background, AND shall
bear the word "temporary" in letters of such size as the
registrar shall prescribe,. A TEMPORARY REMOVABLE WINDSHIELD
PLACARD also shall bear the date of expiration
on the front and back of the placard, in numerals at least one inch
in height, and shall be valid until expired,
surrendered, or revoked, BUT IN NO CASE SHALL SUCH A PLACARD BE
VALID FOR A PERIOD OF LESS THAN SIXTY DAYS. The registrar shall provide
the
application form and shall determine the information to be
included on it. The registrar also shall determine the material
of which the temporary removable windshield placard is to be made and any
other information to be included on the placard and shall adopt rules
relating to the issuance, expiration, surrender, revocation, and
proper display of those placards.
ANY TEMPORARY REMOVABLE WINDSHIELD PLACARD ISSUED AFTER THE
EFFECTIVE DATE OF THIS AMENDMENT SHALL BE MANUFACTURED IN A
MANNER THAT ALLOWS FOR THE EXPIRATION DATE OF THE PLACARD TO
BE INDICATED ON IT THROUGH THE PUNCHING, DRILLING,
BORING, OR CREATION BY ANY OTHER MEANS OF HOLES IN THE
PLACARD.
(F) If an applicant for a removable windshield placard or a temporary
removable windshield placard is a veteran of the
armed forces of the United States whose disability, as defined in
division (A)(1) of this section, is service-connected, the
registrar or deputy registrar, upon receipt of the application, presentation
of a signed statement
from the applicant's personal physician or
chiropractor certifying the period for which the applicant's
disability is expected to continue, and presentation of
such documentary evidence FROM THE DEPARTMENT OF VETERANS AFFAIRS that
the disability OF THE APPLICANT MEETS AT LEAST ONE OF THE CRITERIA
IDENTIFIED
IN DIVISION (A)(1) OF THIS SECTION AND is
service-connected as
the registrar may require by rule, but without the payment of any
fee for issuance or of any service fee, shall issue the applicant a
removable windshield placard or temporary removable windshield placard, as
the
case may be, that shall be IS valid until expired,
surrendered, or revoked.
Upon a conviction of a violation of division (H), (I), or (J) of
this section, the court shall report the conviction, and send the placard or
parking card, if available, to the
registrar, who shall thereupon SHALL revoke the privilege of
using the placard or parking card and send notice in writing to the
placardholder or cardholder at that holder's last
known address as shown in the records of the bureau of motor
vehicles, and the placardholder or cardholder shall return the placard or
card if not previously surrendered to the court, to the
registrar within ten days following mailing of the notice.
Whenever a person to whom a removable windshield placard or parking card has
been issued moves to another state, the person shall
surrender the placard or card to the registrar; and whenever an
organization to which a placard or card has been issued changes its
place of operation to another state, the organization shall
surrender the placard or card to the registrar.
(G) Subject to the provisions of division (F) of section
4511.69 of the Revised Code, the operator of a motor vehicle
displaying a removable windshield placard, temporary removable windshield
placard, parking card, or the special license plates
authorized by this section shall be IS entitled to park the
motor
vehicle in any special parking location reserved for persons with disabilities
that limit or impair the ability to walk, also known as handicapped parking
spaces or disability parking spaces.
(H) No person or organization that is not eligible under division (B) or (E)
of this section shall willfully and falsely
represent that the person or organization is
so eligible.
No person or organization shall display license plates issued
under this section unless the license plates have been issued for the vehicle
on which they are displayed and are valid.
(I) No person or organization to which a removable windshield placard or
temporary removable windshield placard is issued shall do either of the
following:
(1) Display or permit the display of the placard on
any motor vehicle when having reasonable cause to believe the
motor vehicle is being used in connection with an activity that
does not include providing transportation for persons with disabilities that
limit or impair the ability to walk;
(2) Refuse to return or surrender the placard, when required.
(J)(1) No person or organization to which a parking card is issued shall do
either of the following:
(a) Display or permit the display of the parking card on any motor vehicle
when having reasonable cause to believe the motor vehicle is being used in
connection with an activity that does not include providing transportation for
a handicapped person;
(b) Refuse to return or surrender the parking card, when required.
(2) As used in division (J) of this section:
(a) "Handicapped person" means any person who has lost the use of one or both
legs or one or both arms, who is blind, deaf, or so severely handicapped as to
be unable to move about without the aid of crutches or a wheelchair, or whose
mobility is restricted by a permanent cardiovascular, pulmonary, or other
handicapping condition.
(b) "Organization" means any private organization or corporation, or any
governmental board, agency, department, division, or office, that, as part of
its business or program, transports handicapped persons on a regular basis in
a motor vehicle that has not been altered for the purposes of providing it
with special equipment for use by handicapped persons.
(K) If a removable windshield placard, temporary removable windshield
placard, or parking card is lost, destroyed, or mutilated,
the placardholder or cardholder may obtain
a duplicate by doing both of the following:
(1) Furnishing suitable proof of the loss, destruction, or
mutilation to the registrar;
(2) Paying a fee of five dollars for issuance, plus a service fee
equal to
the amount specified in division (D) or (G) of section 4503.10 of the Revised
Code.
Any placardholder or cardholder losing WHO LOSES a placard or
card and, after
obtaining a duplicate, finding FINDS the original, immediately
shall surrender the
original placard or card to the registrar.
(L) The registrar shall pay all fees received under this
section for the issuance of removable windshield placards or temporary
removable windshield placards or duplicate removable windshield placards or
cards into the state treasury to the credit of the state bureau of motor
vehicles fund created in section 4501.25 of the Revised Code.
(M) For purposes of enforcing this section, every peace officer is deemed to
be an agent of the registrar. Any peace officer or any authorized employee of
the bureau of motor vehicles who, in the performance of duties
authorized by law, becomes aware of a person whose placard or parking card has
been revoked pursuant to this section, may confiscate that placard or parking
card and return it to the registrar. The registrar shall prescribe any forms
used by law enforcement agencies in administering this section.
No peace officer, law enforcement agency employing a peace officer, or
political subdivision or governmental agency employing a peace officer, and no
employee of the bureau shall be IS liable in a civil action for
damages or loss
to persons arising out of the performance of any duty required or authorized
by this section. As used in this division, "peace officer" has the same
meaning as in division (B) of section 2935.01 of the Revised Code.
(N) ALL APPLICATIONS FOR REGISTRATION
OF MOTOR VEHICLES, REMOVABLE WINDSHIELD PLACARDS, AND TEMPORARY REMOVABLE
WINDSHIELD PLACARDS ISSUED
UNDER THIS SECTION, ALL RENEWAL NOTICES FOR SUCH ITEMS, AND ALL OTHER
PUBLICATIONS ISSUED BY THE
BUREAU THAT RELATE TO THIS SECTION SHALL SET FORTH THE CRIMINAL
PENALTIES THAT MAY BE IMPOSED UPON A PERSON WHO VIOLATES ANY
PROVISION RELATING TO SPECIAL LICENSE PLATES ISSUED UNDER THIS
SECTION, THE PARKING OF VEHICLES DISPLAYING SUCH LICENSE PLATES,
AND THE ISSUANCE, PROCUREMENT, USE, AND DISPLAY OF REMOVABLE
WINDSHIELD PLACARDS AND TEMPORARY REMOVABLE WINDSHIELD PLACARDS
ISSUED UNDER THIS SECTION.
Sec. 4511.69. (A) Every vehicle stopped or parked upon a
roadway where there is an adjacent curb shall be stopped or
parked with the right-hand wheels of the vehicle parallel with
and not more than twelve inches from the right-hand curb, unless
it is impossible to approach so close to the curb; in such case
the stop shall be made as close to the curb as possible and only
for the time necessary to discharge and receive passengers or to
load or unload merchandise. Local authorities may by ordinance
MAY permit angle parking on any roadway under their jurisdiction,
except that angle parking shall not be permitted on a state route
within a municipal corporation unless an unoccupied roadway width
of not less than twenty-five feet is available for free-moving
traffic.
(B) Local authorities may by ordinance MAY permit parking of
vehicles with the left-hand wheels adjacent to and within twelve
inches of the left-hand curb of a one-way roadway.
(C) No vehicle or trackless trolley shall be stopped or
parked on a road or highway with the vehicle or trackless trolley
facing in a direction other than the direction of travel on that
side of the road or highway.
(D) Notwithstanding any statute or any rule, resolution,
or ordinance adopted by any local authority, air compressors,
tractors, trucks, and other equipment, while being used in the
construction, reconstruction, installation, repair, or removal of
facilities near, on, over, or under a street or highway, may
stop, stand, or park where necessary in order to perform such
work, provided a flagman FLAGPERSON is on duty or warning signs
or
lights are displayed as may be prescribed by the director of transportation.
(E) Special parking locations and privileges for persons
with disabilities that limit or impair the ability to walk, also
known as handicapped parking spaces or disability parking spaces,
shall be provided and designated by all political subdivisions
and by the state and all agencies and instrumentalities thereof
at all offices and facilities, where parking is provided, whether
owned, rented, or leased, and at all publicly owned parking
garages. The locations shall be designated through the posting
of an elevated sign, whether permanently affixed or movable,
imprinted with the international symbol of access and shall be
reasonably close to exits, entrances, elevators, and ramps. All
elevated signs posted in accordance with this division and
division (B)(C) of section 3781.111 of the Revised
Code shall be
mounted on a fixed or movable post, and the distance from the
ground to the top edge of the sign shall measure five feet.
IF A NEW SIGN OR A REPLACEMENT SIGN DESIGNATING A SPECIAL PARKING LOCATION
IS POSTED ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, THERE ALSO SHALL
BE AFFIXED UPON THE SURFACE OF THAT SIGN OR AFFIXED NEXT TO THE DESIGNATING
SIGN
A NOTICE THAT STATES THE FINE
APPLICABLE FOR THE OFFENSE OF PARKING A MOTOR VEHICLE IN THE
SPECIAL DESIGNATED PARKING LOCATION IF THE MOTOR VEHICLE IS NOT
LEGALLY ENTITLED TO BE PARKED IN THAT LOCATION.
(F)(1) No person shall stop, stand, or park any motor vehicle
at special parking locations provided under division (E) of this
section or at special clearly marked parking locations provided
in or on privately owned parking lots, parking garages, or other
parking areas and designated in accordance with that division,
unless one of the following applies:
(1)(a) The motor vehicle is being operated by or for the
transport of a person with a disability that limits or impairs
the ability to walk and is displaying a valid removable
windshield placard or special license plates;
(2)(b) The motor vehicle is being operated by or for the
transport of a handicapped person and is displaying a parking
card or special handicapped license plates.
(2) ANY MOTOR VEHICLE THAT IS PARKED IN A SPECIAL MARKED PARKING
LOCATION IN
VIOLATION OF DIVISION (F)(1)(a) OR (b)
OF THIS SECTION MAY BE TOWED OR OTHERWISE
REMOVED FROM THE PARKING LOCATION BY THE LAW ENFORCEMENT AGENCY OF THE
POLITICAL SUBDIVISION IN WHICH THE PARKING LOCATION IS LOCATED. A MOTOR
VEHICLE THAT IS SO TOWED OR REMOVED SHALL NOT BE RELEASED TO ITS OWNER UNTIL
THE OWNER PRESENTS PROOF OF OWNERSHIP OF THE MOTOR VEHICLE AND PAYS ALL TOWING
AND STORAGE FEES NORMALLY IMPOSED BY THAT POLITICAL SUBDIVISION FOR TOWING
AND STORING MOTOR VEHICLES. IF THE MOTOR VEHICLE IS A LEASED VEHICLE, IT
SHALL NOT BE RELEASED TO THE LESSEE UNTIL THE LESSEE PRESENTS PROOF THAT THAT
PERSON IS THE LESSEE OF THE MOTOR VEHICLE AND PAYS ALL TOWING AND STORAGE FEES
NORMALLY IMPOSED BY THAT POLITICAL SUBDIVISION FOR TOWING AND STORING MOTOR
VEHICLES.
(3) IF A PERSON IS CHARGED WITH A VIOLATION OF DIVISION
(F)(1)(a)
OR (b) OF THIS SECTION, IT IS AN AFFIRMATIVE DEFENSE TO THE
CHARGE THAT THE PERSON SUFFERED AN INJURY NOT MORE THAN SEVENTY-TWO HOURS
PRIOR
TO THE TIME THE PERSON WAS ISSUED THE TICKET OR CITATION AND THAT, BECAUSE OF
THE INJURY, THE PERSON MEETS AT LEAST ONE OF THE CRITERIA
CONTAINED IN DIVISION (A)(1) OF SECTION 4503.44 OF THE
REVISED
CODE.
(G) When a motor vehicle is being operated by or for the
transport of a person with a disability that limits or impairs
the ability to walk and is displaying a removable windshield
placard or a temporary removable windshield placard or special
license plates, or when a motor vehicle is being operated by or
for the transport of a handicapped person and is displaying a
parking card or special handicapped license plates, the motor
vehicle shall be IS permitted to park for a period of two hours
in
excess of the legal parking period permitted by local
authorities, except where local ordinances or police rules
provide otherwise or where the vehicle is parked in such a manner
as to be clearly a traffic hazard.
(H) No owner of an office, facility, or parking garage
where special parking locations must ARE REQUIRED TO be
designated in accordance
with division (E) of this section shall fail to properly mark the
special parking locations as required by IN ACCORDANCE WITH that
division or fail to
maintain the markings of the special locations, including the
erection and maintenance of the fixed or movable signs.
(I) Nothing in this section shall be construed to
require a person or organization to apply for a removable windshield
placard or special license plates if the parking card or special
license plates issued to the person or organization under prior
law have not expired or been surrendered or revoked.
(J) As used in this section:
(1) "Handicapped person" means any person who has lost the
use of one or both legs or one or both arms, who is blind, deaf,
or so severely handicapped as to be unable to move without the
aid of crutches or a wheelchair, or whose mobility is restricted
by a permanent cardiovascular, pulmonary, or other handicapping
condition.
(2) "Person with a disability that limits or impairs the
ability to walk" has the same meaning as in section 4503.44 of
the Revised Code.
(3) "Special license plates" and "removable windshield
placard" mean any license plates or removable windshield placard
or temporary removable windshield placard issued under section
4503.41 or 4503.44 of the Revised Code, and also mean any
substantially similar license plates or removable windshield
placard or temporary removable windshield placard issued by a
state, district, country, or sovereignty.
Sec. 4511.99. (A) Whoever violates division (A) of
section 4511.19 of the Revised Code, in addition to the license
suspension or revocation provided in section 4507.16 of the
Revised Code and any disqualification imposed under section
4506.16 of the Revised Code, shall be punished as provided in
division (A)(1), (2), (3), or (4) of this section.
(1) Except as otherwise provided in division (A)(2), (3), or (4) of this
section, the offender is guilty of a misdemeanor of the first degree and
the court shall sentence the offender to a term of imprisonment of
three consecutive days and may sentence the offender pursuant to
section 2929.21 of the Revised Code to a longer term of
imprisonment. In addition, the court shall impose upon the
offender a fine of not less than two hundred and not more than
one thousand dollars.
The court may suspend the execution of the mandatory three
consecutive days of imprisonment that it is required to impose by
this division, if the court, in lieu of the suspended term of
imprisonment, places the offender on probation and requires the
offender to attend, for three consecutive days, a drivers'
intervention program that is certified pursuant to section
3793.10 of the Revised Code. The court also may suspend the
execution of any part of the mandatory three consecutive days of
imprisonment that it is required to impose by this division, if
the court places the offender on probation for part of the three
consecutive days; requires the offender to attend, for that part
of the three consecutive days, a drivers' intervention program
that is certified pursuant to section 3793.10 of the Revised
Code; and sentences the offender to a term of imprisonment equal
to the remainder of the three consecutive days that the offender
does not spend attending the drivers' intervention program. The
court may require the offender, as a condition of probation, to
attend and satisfactorily complete any treatment or education
programs that comply with the minimum standards adopted pursuant
to Chapter 3793. of the Revised Code by the director of alcohol
and drug addiction services, in addition to the required
attendance at a drivers' intervention program, that the operators
of the drivers' intervention program determine that the offender
should attend and to report periodically to the court on the offender's
progress in the programs. The court also may impose any other
conditions of probation on the offender that it considers
necessary.
Of the fine imposed pursuant to this division, twenty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing section 4511.19 of the Revised
Code or a substantially similar municipal ordinance and in
informing the public of the laws governing the operation of a
motor vehicle while under the influence of alcohol, the dangers
of operating a motor vehicle while under the influence of
alcohol, and other information relating to the operation of a
motor vehicle and the consumption of alcoholic beverages.
Twenty-five dollars of the fine imposed pursuant to this division
shall be deposited into the county indigent 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. The balance of the fine shall be
disbursed as otherwise provided by law.
(2)(a) Except as otherwise provided in division (A)(4)
of this section, if, within six years of the offense,
the offender
has been convicted of or pleaded guilty to one violation 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 offender was subject to the sanctions described in division
(D) of that section, 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 offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of
the United States or of any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code, the offender is guilty of a misdemeanor of the first degree and,
except as provided in this division, the court shall sentence the
offender to a term of imprisonment of ten 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 (A)(8) of this section, the
court may impose upon the offender a sentence consisting of both
a term of imprisonment of five consecutive days and not less than
eighteen consecutive days of electronically monitored house
arrest as defined in division (A) of section 2929.23 of the
Revised Code. The five consecutive days of imprisonment and the
period of electronically monitored house arrest shall not exceed
six months. The five consecutive days of imprisonment do not
have to be served prior to or consecutively with the period of
electronically monitored house arrest.
In addition, the court shall impose upon the offender a
fine of not less than three hundred and not more than one
thousand five hundred dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10 of the Revised Code. If the officials of the drivers'
intervention program determine that the offender is alcohol
dependent, they shall notify the court, and the court shall order
the offender to obtain treatment through an alcohol and drug
addiction program authorized by section 3793.02 of the Revised
Code. The cost of the treatment shall be paid by the offender.
Of the fine imposed pursuant to this division, thirty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance and in informing the public of the laws governing the
operation of a motor vehicle while under the influence of
alcohol, the dangers of operating a motor vehicle while under the
influence of alcohol, and other information relating to the
operation of a motor vehicle and the consumption of alcoholic
beverages. Sixty-five dollars of the fine imposed pursuant to
this division shall be paid to the political subdivision
responsible for housing the offender during the offender's
term of
incarceration. This share shall be used by the political
subdivision to pay or reimburse incarceration costs it incurs in
housing persons who violate section 4511.19 of the Revised Code
or a substantially similar municipal ordinance and to pay for
ignition interlock devices and electronic house arrest equipment
for persons who violate that section, and shall be paid to the
credit of the fund that pays the cost of the incarceration.
Fifty dollars of the fine imposed pursuant to this division shall
be deposited into the county indigent 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. The balance of the fine shall be disbursed as
otherwise provided by law.
(b) 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 the
penalties imposed under division (A)(2)(a) of this section and
all other penalties provided by law and subject to section
4503.235 of the Revised Code, shall order the immobilization for
ninety days of the vehicle the offender was operating at the time
of the offense and the impoundment for ninety days of the
identification license plates of that vehicle. The order for the
immobilization and impoundment shall be issued and enforced in
accordance with section 4503.233 of the Revised Code.
(3)(a) Except as otherwise provided in division (A)(4)
of this section, if, within six years of the offense,
the offender
has been convicted of or pleaded guilty to two 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 offender was subject to the sanctions described in division
(D) of that section, 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 offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse,
or a statute of the United States or of any other
state or a municipal ordinance of a municipal corporation located in any other
state that is substantially similar to division (A) or (B) of section 4511.19
of the Revised Code, except as provided in this division, the court shall
sentence the offender to a term of imprisonment of thirty 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 (A)(8) of this section, the court may impose
upon the offender a sentence consisting of both a term of
imprisonment of fifteen consecutive days and not less than
fifty-five consecutive days of electronically monitored house
arrest as defined in division (A) of section 2929.23 of the
Revised Code. The fifteen consecutive days of imprisonment and
the period of electronically monitored house arrest shall not
exceed one year. The fifteen consecutive days of imprisonment do
not have to be served prior to or consecutively with the period
of electronically monitored house arrest.
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.
In addition to any other sentence that it imposes upon the
offender, the court shall require the offender to attend an
alcohol and drug addiction program authorized by section 3793.02
of the Revised Code. The cost of the treatment shall be paid by
the offender. If the court determines that the offender is
unable to pay the cost of attendance at the treatment
program, the court may order that payment of the cost of the
offender's attendance at the treatment program be made from that
court's indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred
twenty-three dollars shall be paid to an enforcement and
education fund established by the legislative authority of the
law enforcement agency in this state that primarily was
responsible for the arrest of the offender, as determined by the
court that imposes the fine. This share shall be used by the
agency to pay only those costs it incurs in enforcing section
4511.19 of the Revised Code or a substantially similar municipal
ordinance and in informing the public of the laws governing the
operation of a motor vehicle while under the influence of
alcohol, the dangers of operating a motor vehicle while under the
influence of alcohol, and other information relating to the
operation of a motor vehicle and the consumption of alcoholic
beverages. Two hundred twenty-seven dollars of the fine imposed
pursuant to this division shall be paid to the political
subdivision responsible for housing the offender during the
offender's term
of incarceration. This share shall be used by the political
subdivision to pay or reimburse incarceration costs it incurs in
housing persons who violate division (A) of section 4511.19 of
the Revised Code or a substantially similar municipal ordinance
and to pay for ignition interlock devices and electronic house
arrest equipment for persons who violate that section and shall
be paid to the credit of the fund that pays the cost of
incarceration. The balance of the fine shall be disbursed as
otherwise provided by law.
(b) 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 the
penalties imposed under division (A)(3)(a) of this section and
all other penalties provided by law and subject to section
4503.235 of the Revised Code, shall order the immobilization for
one hundred eighty days of the vehicle the offender was operating
at the time of the offense and the impoundment for one hundred
eighty days of the identification license plates of that vehicle.
The order for the immobilization and impoundment shall be issued
and enforced in accordance with section 4503.233 of the Revised
Code.
(4)(a) If, within six years of the offense, the offender
has been convicted of or pleaded guilty to 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 offender was subject to the sanctions
described in division (D) of that section, 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 offender
was under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or a statute of the United States or
of any other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to division (A) or
(B) of section 4511.19 of the Revised Code, or if the offender previously has
been convicted of or pleaded guilty to a violation of division (A) of section
4511.19 of the Revised Code under circumstances in which the violation was a
felony and regardless of when the violation and the conviction
or guilty plea occurred, the offender is guilty of a felony of
the fourth degree. The court shall sentence the offender in accordance
with sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration of sixty
consecutive days of imprisonment in accordance with division (G)(1)
of section 2929.13 of the Revised Code or a mandatory prison
term of sixty consecutive days of imprisonment in accordance with division
(G)(2) of that section, whichever is applicable. If the offender is
required to serve a mandatory term of local incarceration of sixty consecutive
days of imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 2929.17 of the
Revised Code, may impose upon the
offender a sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house arrest shall
not commence until after the offender has served the mandatory term of local
incarceration.
In addition to all other sanctions imposed, the court shall impose upon
the offender, pursuant to section 2929.18 of the Revised Code, a
fine of not less than seven hundred fifty nor more than ten
thousand dollars.
In addition to any other sanction that it imposes upon
the
offender, the court shall require the offender to attend
an alcohol
and drug addiction program authorized by section 3793.02 of the
Revised Code. The cost of the treatment shall be paid by the
offender. If the court determines that the offender is unable to
pay the cost of attendance at the treatment program, the
court may order that payment of the cost of the offender's
attendance at the treatment program be made from the court's
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, two hundred
ten dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing section 4511.19 of the Revised
Code or a substantially similar municipal ordinance and in
informing the public of the laws governing operation of a motor
vehicle while under the influence of alcohol, the dangers of
operation of a motor vehicle while under the influence of
alcohol, and other information relating to the operation of a
motor vehicle and the consumption of alcoholic beverages. Three
hundred ninety dollars of the fine imposed pursuant to this
division shall be paid to the political subdivision responsible
for housing the offender during the offender's term of
incarceration. This
share shall be used by the political subdivision to pay or
reimburse incarceration costs it incurs in housing persons who
violate division (A) of section 4511.19 of the Revised Code or a
substantially similar municipal ordinance and to pay for ignition
interlock devices and electronic house arrest equipment for
persons who violate that section, and shall be paid to the credit
of the fund that pays the cost of incarceration. The balance of
the fine shall be disbursed as otherwise provided by law.
(b) 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 the
sanctions imposed under division (A)(4)(a) of this
section and
all other sanctions provided by law 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.
(c) As used in division (A)(4)(a) of
this section, "mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section
2929.01 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.
(5)(a) Except as provided in division (A)(5)(b) of this
section, upon a showing that imprisonment would seriously affect
the ability of an offender sentenced pursuant to division (A)(1),
(2), (3), or (4) of this section to continue the offender's
employment, the
court may authorize that the offender be granted work release
from imprisonment after the offender has served the three, ten,
or thirty consecutive days of imprisonment or the
mandatory term of local incarceration of sixty consecutive days that the
court
is required by division (A)(1), (2), (3), or (4) of this section
to impose. No court shall authorize work release from
imprisonment during the three, ten, or thirty consecutive
days of imprisonment or the mandatory term of local incarceration or
mandatory prison term of sixty consecutive
days that the court is required by division
(A)(1), (2), (3), or (4) of this section to impose. 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 place of imprisonment and the time actually spent under
employment.
(b) An offender who is sentenced pursuant to division
(A)(2) or (3) of this section to a term of imprisonment followed
by a period of electronically monitored house arrest is not
eligible for work release from imprisonment, but that person
shall be permitted work release during the period of
electronically monitored house arrest. 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.
(6) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence, the placement of an offender in any treatment
program
in lieu of imprisonment, or the use of a community control sanction for an
offender convicted of a felony, no court shall suspend the
ten or thirty consecutive days of imprisonment required to be imposed on an
offender by division (A)(2) or (3) of this section, no court shall place an
offender who is sentenced pursuant to division (A)(2), (3), or
(4) of this section in any treatment program in lieu of
imprisonment until after the offender has served the ten or thirty consecutive
days of imprisonment or the mandatory term of
local incarceration or mandatory prison term
of sixty consecutive days required to be imposed
pursuant to division (A)(2), (3), or (4) of this section, no court that
sentences an offender under division (A)(4) of this section shall
impose any sanction other than a mandatory term of local incarceration or
mandatory prison term to apply to the
offender until after the offender has served the mandatory term of local
incarceration or mandatory prison term of
sixty consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no
court that imposes a sentence of imprisonment and a period of
electronically monitored house arrest upon an offender under
division (A)(2) or (3) of this section shall suspend any portion
of the sentence or place the offender in any treatment program in
lieu of imprisonment or electronically monitored house arrest.
Notwithstanding any section of the Revised Code that authorizes
the suspension of the imposition or execution of a sentence or
the placement of an offender in any treatment program in lieu of
imprisonment, no court, except as specifically authorized by
division (A)(1) of this section, shall suspend the three
consecutive days of imprisonment required to be imposed by
division (A)(1) of this section or place an offender who is
sentenced pursuant to division (A)(1) of this section in any
treatment program in lieu of imprisonment until after the
offender has served the three consecutive days of imprisonment
required to be imposed pursuant to division (A)(1) of this
section.
(7) No court shall sentence an offender to an alcohol
treatment program pursuant to division (A)(1), (2), (3), or (4)
of this section unless the treatment program complies with the
minimum standards adopted pursuant to Chapter 3793. of the
Revised Code by the director of alcohol and drug addiction
services.
(8) No court shall impose the alternative sentence of a
term of imprisonment of five consecutive days plus not less than
eighteen consecutive days of electronically monitored house
arrest permitted to be imposed by division (A)(2) of this
section, or the alternative sentence of a term of imprisonment of
fifteen consecutive days plus not less than fifty-five
consecutive days of electronically monitored house arrest
permitted to be imposed pursuant to division (A)(3) 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
commence
serving the 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 a term of imprisonment and a term of electronically monitored
house arrest permitted to be imposed by division (A)(2) or (3) of
this section.
(B) Whoever violates section 4511.192, 4511.251, or
4511.85 of the Revised Code is guilty of a misdemeanor of the
first degree. 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 section
4511.192 of the Revised Code.
(C) Whoever violates section 4511.63, 4511.76, 4511.761,
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is
guilty of one of the following:
(1) Except as otherwise provided in division (C)(2) of
this section, a minor misdemeanor.
(2) If the offender previously has been convicted of
or pleaded guilty to one or more violations of
section 4511.63, 4511.76,
4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the Revised
Code or a municipal ordinance that is substantially similar to
any of those sections, a
misdemeanor
of the fourth degree.
(D)(1) Whoever violates any provision of sections 4511.01
to 4511.76 or section 4511.84 of the Revised Code, for which no
penalty otherwise is provided in this section is guilty of one of
the following:
(a) Except as otherwise provided in division
(D)(1)(b), (1)(c), (2), or (3) of this section,
a minor misdemeanor;
(b) If, within one year of the offense, the offender
previously has been convicted of
or pleaded guilty to one violation of any provision of
sections
4511.01 to 4511.76 or section 4511.84 of the Revised Code for
which no penalty otherwise is provided in this section or
a
municipal ordinance that is substantially similar to any
provision of sections 4511.01 to 4511.76 or section 4511.84 of
the Revised Code for which no penalty otherwise is provided in
this section, a
misdemeanor of the fourth
degree;
(c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to two or more
violations of any provision described in division (D)(1)(b)
of
this section or any municipal ordinance that is substantially
similar to any of those provisions, a misdemeanor of the third
degree.
(2) When any person is found guilty of a first offense for
a violation of section 4511.21 of the Revised Code upon a finding
that the person operated a motor vehicle faster than
thirty-five miles an
hour in a business district of a municipal corporation, or faster
than fifty miles an hour in other portions, or faster than
thirty-five miles an hour while passing through a school zone
during recess or while children are going to or leaving school
during the opening or closing hours, the person is guilty of a
misdemeanor of the fourth degree.
(3) Notwithstanding section 2929.21 of the Revised Code,
upon a finding that such person operated a motor vehicle in a
construction zone where a sign was then posted in accordance with
section 4511.98 of the Revised Code, the court, in addition to
all other penalties provided by law, shall impose a fine of two
times the usual amount imposed for the violation. No court shall
impose a fine of two times the usual amount imposed for the
violation upon an offender who alleges, in an affidavit filed
with the court prior to the offender's sentencing, that the offender is
indigent and is unable to pay the fine imposed pursuant to this division,
provided the court determines the offender is an indigent person
and is unable to pay the fine.
(E) Whenever a person is found guilty in a court of record
of a violation of section 4511.761, 4511.762, or 4511.77 of the
Revised Code, the trial judge, in addition to or independent of
all other penalties provided by law, 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.
(F) Whoever violates division (E) or (F) of section
4511.51, division (A), (D), or (E) of section 4511.521, section
4511.681, division (A), OR (C), or (F) of section
4511.69, section 4511.772, or division (A) or (B) of section 4511.82 of the
Revised Code is guilty of a minor misdemeanor.
(G) Whoever violates division (A) of section 4511.75 of
the Revised Code may be fined an amount not to exceed five
hundred dollars. A person who is issued a citation for a
violation of division (A) of section 4511.75 of the Revised Code
is not permitted to enter a written plea of guilty and waive the person's
right to contest the citation in a trial, but instead must appear
in person in the proper court to answer the charge.
(H)(1) Whoever is a resident of this state and violates
division (A) or (B) of section 4511.81 of the Revised Code shall
be punished as follows:
(a) Except as otherwise provided in division (H)(1)(b) of this section, the
offender is guilty of a
minor misdemeanor.
(b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (A) or (B) of section 4511.81 of the
Revised Code or of a municipal
ordinance that is substantially similar to either of those
divisions, the offender is guilty of a misdemeanor of the fourth
degree.
(2) Whoever is not a resident of this state, violates
division (A) or (B) of section 4511.81 of the Revised Code, and
fails to prove by a preponderance of the evidence that the
offender's use or nonuse of a child restraint system was in accordance
with the law
of the state of which the offender is a resident is guilty of
a minor
misdemeanor on a first offense; on a second or subsequent
offense, that person is guilty of a misdemeanor of the fourth
degree.
(3) Sixty-five per cent of every fine imposed pursuant to
division (H)(1) or (2) of this section shall be forwarded to the
treasurer of state for deposit in the "child highway safety fund"
created by division (G) of section 4511.81 of the Revised Code.
The balance of the fine shall be disbursed as otherwise provided
by law.
(I) Whoever violates section 4511.202 of the Revised Code
is guilty of operating a motor vehicle without being in control
of it, a minor misdemeanor.
(J) Whoever violates division (B) of section 4511.74,
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of
section 4511.83 of the Revised Code is guilty of a misdemeanor of
the first degree.
(K) Except as otherwise provided in this division, whoever
violates division (E) of section 4511.11, division (A) or (C) of
section 4511.17, or section 4511.18 of the Revised Code is guilty
of a misdemeanor of the third degree. If a violation of division
(A) or (C) of section 4511.17 of the Revised Code creates a risk
of physical harm to any person, the offender is guilty of a
misdemeanor of the first degree. A violation of division (A) or
(C) of section 4511.17 of the Revised Code that causes serious
physical harm to property that is owned, leased, or controlled by
a state or local authority is a felony of the fifth
degree.
(L) Whoever violates division (H) of section 4511.69 of
the Revised Code shall be punished as follows:
(1) Except as otherwise provided in
division (L)(2) of this section, the offender shall be
issued a warning.
(2) If the offender previously has been convicted of or
pleaded guilty to a violation of division (H) of section 4511.69
of the Revised Code or of a municipal ordinance that is
substantially similar to that division, the offender shall not be issued a
warning but shall be fined twenty-five dollars for each parking location
that is not
properly marked or whose markings are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section
4511.45 of the Revised Code is guilty of a misdemeanor of the
fourth degree on a first offense; on a second offense within one
year after the first offense, the person is guilty of a
misdemeanor of the third degree; and on each subsequent offense
within one year after the first offense, the person is guilty of
a misdemeanor of the second degree.
(N)(1) Whoever violates division (B) of section 4511.19
of the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows:
(a) Except as otherwise provided in division
(N)(1)(b) of this section, the offender is guilty of
a
misdemeanor of the fourth degree.
(b) If, within one year of the offense, the offender has
been convicted of or pleaded guilty to any violation 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
offender was subject to the sanctions described in division (D)
of that section, 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 offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of
the United States or of any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code, the offender is guilty of a misdemeanor of the third degree.
(2) In addition to or independent of all other penalties
provided by law, the offender's driver's or commercial driver's
license or permit or nonresident operating privilege shall be
suspended in accordance with, and for the period of time
specified in, division (E) of section 4507.16 of the Revised
Code.
(O) Whoever violates section 4511.62 of the Revised
Code is guilty of a misdemeanor of the fourth degree.
(P) WHOEVER VIOLATES DIVISION
(F)(1)(a) OR (b) OF SECTION 4511.69
OF THE REVISED
CODE IS GUILTY OF A MISDEMEANOR
AND SHALL BE FINED NOT LESS THAN TWO HUNDRED FIFTY NOR MORE THAN FIVE HUNDRED
DOLLARS, BUT IN NO
CASE SHALL AN OFFENDER BE SENTENCED TO ANY TERM OF
IMPRISONMENT.
ARREST OR CONVICTION FOR A VIOLATION OF DIVISION
(F)(1)(a) OR (b) OF SECTION 4511.69
OF THE REVISED
CODE DOES NOT CONSTITUTE A
CRIMINAL RECORD AND NEED NOT BE REPORTED BY THE PERSON SO
ARRESTED OR CONVICTED IN RESPONSE TO ANY INQUIRIES CONTAINED IN
ANY APPLICATION FOR EMPLOYMENT, LICENSE, OR OTHER RIGHT OR
PRIVILEGE, OR MADE IN CONNECTION WITH THE PERSON'S APPEARANCE AS
A WITNESS.
EVERY FINE COLLECTED UNDER THIS DIVISION SHALL BE PAID BY THE CLERK OF THE
COURT TO THE POLITICAL SUBDIVISION IN WHICH THE VIOLATION OCCURRED.
EXCEPT AS PROVIDED IN THIS DIVISION, THE POLITICAL SUBDIVISION SHALL USE THE
FINE MONEYS IT RECEIVES UNDER THIS DIVISION TO PAY THE EXPENSES IT INCURS IN
COMPLYING WITH
THE SIGNAGE AND NOTICE REQUIREMENTS CONTAINED IN DIVISION (E) OF
SECTION 4511.69 of the Revised Code. THE POLITICAL SUBDIVISION
MAY USE UP TO FIFTY PER CENT OF EACH FINE IT RECEIVES UNDER THIS
DIVISION TO PAY THE COSTS OF EDUCATIONAL, ADVOCACY, SUPPORT, AND
ASSISTIVE TECHNOLOGY PROGRAMS FOR PERSONS WITH DISABILITIES, AND FOR
PUBLIC IMPROVEMENTS WITHIN THE POLITICAL SUBDIVISION THAT BENEFIT
OR ASSIST PERSONS WITH DISABILITIES, IF GOVERNMENTAL AGENCIES OR
NONPROFIT ORGANIZATIONS OFFER THE PROGRAMS.
Sec. 4731.481. NO PHYSICIAN SHALL DO EITHER OF THE
FOLLOWING:
(A) FURNISH A PERSON WITH A PRESCRIPTION IN ORDER TO ENABLE
THE PERSON TO BE ISSUED A REMOVABLE WINDSHIELD PLACARD, TEMPORARY REMOVABLE
WINDSHIELD PLACARD, OR LICENSE PLATES UNDER SECTION 4503.44 OF THE
REVISED CODE, KNOWING THAT THE PERSON DOES NOT MEET ANY OF
THE CRITERIA CONTAINED IN DIVISION (A)(1) OF THAT SECTION;
(B) FURNISH A PERSON WITH A PRESCRIPTION DESCRIBED IN DIVISION
(A) OF THIS SECTION AND KNOWINGLY MISSTATE ON
THE PRESCRIPTION THE LENGTH OF TIME THE PHYSICIAN EXPECTS THE PERSON TO HAVE
THE
DISABILITY THAT LIMITS OR IMPAIRS THE PERSON'S ABILITY TO WALK IN ORDER TO
ENABLE
THE PERSON TO RETAIN A PLACARD ISSUED UNDER SECTION 4503.44 OF THE
REVISED CODE FOR A PERIOD OF TIME LONGER THAN THAT WHICH
WOULD BE
ESTIMATED BY A SIMILAR PRACTITIONER UNDER THE SAME OR SIMILAR
CIRCUMSTANCES.
Sec. 4731.99. (A) Whoever violates section 4731.41,
4731.43, or 4731.60 of the Revised Code is guilty of a
felony of the fifth degree on a
first offense and a felony of the fourth
degree on each subsequent offense.
(B) Whoever violates section 4731.49, 4731.50, or
4731.81 of the Revised Code is guilty of a misdemeanor of the
fourth degree on a first offense and a misdemeanor of the first degree
on each subsequent offense.
(C) Whoever violates section 4731.46 or 4731.47 of the
Revised Code is guilty of a felony of the fifth degree.
(D) Whoever violates section 4731.48 of the Revised Code
is guilty of a misdemeanor of the fourth degree.
(E) Whoever violates division (A), (B), (C), or (D) of
section 4731.224 of the Revised Code is guilty of a minor
misdemeanor on a first offense and a misdemeanor of the fourth degree
on
each subsequent offense, except
that an individual guilty of a subsequent offense shall not be
subject to imprisonment, but to a fine alone of up to one
thousand dollars for each offense.
(F) WHOEVER VIOLATES SECTION 4731.481 of the Revised Code IS GUILTY OF A
MISDEMEANOR OF THE FIRST DEGREE.
Sec. 4734.23. NO CHIROPRACTOR SHALL DO EITHER OF THE
FOLLOWING:
(A) FURNISH A PERSON WITH A PRESCRIPTION IN ORDER TO ENABLE
THE
PERSON TO BE ISSUED A REMOVABLE WINDSHIELD PLACARD, TEMPORARY REMOVABLE
WINDSHIELD PLACARD, OR LICENSE PLATES UNDER SECTION 4503.44 OF THE
REVISED CODE, KNOWING THAT THE PERSON DOES NOT MEET ANY OF
THE CRITERIA CONTAINED IN DIVISION (A)(1) OF THAT SECTION;
(B) FURNISH A PERSON WITH A PRESCRIPTION DESCRIBED IN DIVISION
(A) OF THIS SECTION AND KNOWINGLY MISSTATE ON
THE PRESCRIPTION THE LENGTH OF TIME THE CHIROPRACTOR EXPECTS THE PERSON TO
HAVE THE
DISABILITY THAT LIMITS OR IMPAIRS THE PERSON'S ABILITY TO WALK IN ORDER TO
ENABLE
THE PERSON TO RETAIN A PLACARD ISSUED UNDER SECTION 4503.44 OF THE
REVISED CODE FOR A PERIOD OF TIME LONGER THAN THAT WHICH
WOULD BE
ESTIMATED BY A SIMILAR PRACTITIONER UNDER THE SAME OR SIMILAR
CIRCUMSTANCES.
Sec. 4734.99. (A) Whoever violates section 4734.17 of the Revised
Code is guilty of a misdemeanor of the second degree on a first offense and a
felony of the fifth degree on each subsequent offense.
(B) WHOEVER VIOLATES SECTION 4734.23 of the Revised Code IS GUILTY OF A
MISDEMEANOR OF THE FIRST DEGREE.
Section 2. That existing sections 109.77, 3781.111, 4503.44,
4511.69, 4511.99, 4731.99, and 4734.99 of the Revised Code are hereby
repealed.
Section 3. Sections 3781.111, 4503.44, 4511.69, 4511.99,
4731.481, 4731.99, 4734.23, and 4734.99 of the Revised Code, as
enacted or amended by this act, shall take effect on the
ninety-first day after this act becomes law.
Section 4. This act is hereby declared to be an emergency measure
necessary for the immediate preservation of the public peace,
health, and safety. The reason for such necessity is that the
status of persons serving on a permanent basis prior to September
20, 1984, as liquor control investigators (known after June 30,
1999, as enforcement agents of the Department of Public Safety)
requires clarification for those persons to continue to serve in
that capacity. Therefore, this act shall go into immediate
effect.
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