The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Reported by the Senate Judiciary Committee
123rd General Assembly
Regular Session
1999-2000 | Am. H. B. No. 528 |
REPRESENTATIVES CALLENDER-ALLEN-BUEHRER-CLANCY-FLANNERY-HAINES-
JACOBSON-PRINGLE-SCHURING-TAYLOR-TIBERI-TRAKAS-VAN VYVEN-
A. CORE-LOGAN-DePIERO-WILLAMOWSKI-CALVERT-HARTNETT-ROBINSON-
HARRIS-GRENDELL-CATES-VESPER-O'BRIEN-SCHUCK-DISTEL-YOUNG
A BILL
To amend sections 2925.03, 2929.13, and 2929.18 and to repeal section 2925.07
of the Revised Code to expand the drug trafficking offenses to also include a
prohibition against certain acts related to the shipment, transportation,
delivery, or distribution of a controlled substance for sale or resale.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2925.03, 2929.13, and 2929.18 of the Revised Code be
amended to read as follows:
Sec. 2925.03. (A) No person shall knowingly sell DO ANY OF THE
FOLLOWING:
(1) SELL or offer to sell a
controlled substance;
(2) PREPARE FOR SHIPMENT, SHIP, TRANSPORT, DELIVER, PREPARE FOR
DISTRIBUTION, OR DISTRIBUTE A CONTROLLED SUBSTANCE, WHEN THE OFFENDER KNOWS OR
HAS REASONABLE CAUSE TO BELIEVE THAT THE CONTROLLED SUBSTANCE IS INTENDED FOR
SALE OR RESALE BY THE OFFENDER OR ANOTHER PERSON.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals
authorized to prescribe drugs, pharmacists, owners of
pharmacies, and other persons whose conduct is in accordance with
Chapters 3719., 4715., 4723., 4729., 4731., and
4741. of the Revised Code;
(2) If the offense involves an anabolic steroid, any
person who is conducting or participating in a research project
involving the use of an anabolic steroid if the project has been
approved by the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act.
(C) Whoever violates division (A) of this section is guilty of one of the
following:
(1) If the drug involved in the violation is any
compound, mixture, preparation, or substance included in schedule
I or schedule II, with the exception of
marihuana, cocaine, L.S.D., heroin, and hashish,
whoever
violates division (A) of this section is guilty of
aggravated trafficking in drugs. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c), (d), (e),
or (f) of this section, aggravated trafficking in drugs is
a felony of the fourth degree,
and division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(1)(c), (d), (e), or (f) of
this section, if the offense was committed in the vicinity of a school or in
the vicinity of a juvenile, aggravated trafficking in drugs is a felony of the
third degree, and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
the bulk amount but does not exceed five times the bulk amount, aggravated
trafficking in drugs
is a felony of the third degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the third degree. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, aggravated
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five times the bulk amount but does not exceed fifty times the bulk amount,
aggravated trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(e) If the amount of the drug involved exceeds
fifty times the bulk amount but does not exceed one hundred times
the bulk amount and regardless of whether the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, aggravated trafficking in drugs is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved exceeds
one hundred times the bulk amount and regardless of whether the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree and may impose an additional prison
term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is any
compound, mixture, preparation, or substance included in schedule
III, IV, or V, whoever violates division
(A) of this section is guilty of trafficking in
drugs. The penalty for the offense shall be determined as
follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c), (d), or
(e) of
this section, trafficking in drugs is a felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(2)(c), (d), or (e) of this section,
if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in drugs is
a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
the bulk amount but does not exceed five times the bulk amount, trafficking in
drugs is a
felony of the fourth degree, and there is a presumption for a
prison term for the offense. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking in drugs is a felony of the third degree, and there
is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five times the bulk amount but does not exceed fifty times the
bulk amount, trafficking in drugs is a felony of the third degree, and there
is a presumption
for a prison term for the offense. If the amount of the drug
involved is within that range and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in drugs is a felony of the second degree, and there
is a presumption for a prison term for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
fifty times the bulk amount, trafficking in drugs is a felony of the second
degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the
amount of the drug involved exceeds fifty times the bulk amount
and if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in drugs is a felony
of the first degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the first degree.
(3) If the drug involved in the violation is marihuana or a compound,
mixture, preparation, or substance containing marihuana other than
hashish,
whoever violates division (A) of this section is guilty
of trafficking in marihuana. The penalty for the offense shall
be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c), (d), (e),
(f), or (g) of this section, trafficking in marihuana is
a felony of the
fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(3)(c), (d), (e), (f), or
(g) of
this section, if the offense was committed in the vicinity of
a school or in the vicinity of a juvenile, trafficking in
marihuana is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
two hundred grams but does not exceed one thousand grams, trafficking in
marihuana is a felony
of the fourth degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether
to impose a prison term on the offender. If the amount of the drug
involved is within that range and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one thousand grams but does not exceed five thousand grams, trafficking in
marihuana is a felony
of the third degree, and division (C) of section 2929.13 of the Revised Code
applies
in determining whether to impose a prison term on the offender. If the amount
of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the second degree, and
there is a presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five thousand grams but does not exceed twenty thousand grams, trafficking in
marihuana is a
felony of the third degree, and there is a presumption that a
prison term shall be imposed for the offense. If the amount of
the drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in marihuana is a felony of the second
degree, and there is a presumption that a prison term shall be
imposed for the offense.
(f) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
twenty thousand grams, trafficking in marihuana is a felony of the second
degree, and
the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the second degree. If the
amount of the drug involved exceeds twenty thousand grams and if
the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in marihuana is a felony of
the first degree, and the court shall impose as a mandatory
prison term the maximum prison term prescribed for a felony of
the first degree.
(g) Except as otherwise provided in this division, if
the offense involves a gift of twenty grams or less of
marihuana, trafficking in marihuana is a minor misdemeanor upon
a first offense and a misdemeanor of the third degree upon a
subsequent offense. If the offense involves a gift of twenty
grams or less of marihuana and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a compound,
mixture, preparation, or substance containing cocaine, whoever violates
division (A) of this section is guilty
of trafficking in cocaine. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c), (d), (e),
(f), or (g) of this section, trafficking in cocaine is a
felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(4)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the
vicinity of a
school or in the vicinity of a juvenile, trafficking in cocaine
is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds five grams but does not exceed ten grams of
cocaine
that is not crack cocaine or exceeds one gram
but does not exceed five
grams of crack cocaine, trafficking in cocaine is a felony of the
fourth degree, and there is a presumption for a prison term for the
offense. If the amount of the drug involved is within one of those ranges and
if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in cocaine is a felony
of the third degree, and there is a presumption for a prison term
for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds ten grams but does not exceed one hundred grams
of cocaine that is not crack cocaine or
exceeds five grams but does not
exceed ten grams of crack cocaine, trafficking in cocaine is a felony of
the third degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the third
degree. If the amount of the drug involved is within one of those ranges and
if the
offense was committed in the vicinity of a school or
in the vicinity of a juvenile,
trafficking in cocaine is a
felony
of the second degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the second degree.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds one hundred grams but does not exceed five
hundred grams of cocaine that is not crack
cocaine or exceeds ten grams
but does not exceed twenty-five grams of crack cocaine,
trafficking in cocaine is a felony of
the second degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the second degree. If the amount of the drug involved is within
one of those ranges and
if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile,
trafficking in
cocaine
is a felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(f) If the amount of the drug involved exceeds
five hundred grams but does not exceed one thousand grams
of cocaine that is not crack cocaine or
exceeds twenty-five grams but does
not exceed one hundred grams of crack cocaine and regardless of whether the
offense was committed in the vicinity of a school or in the vicinity of a
juvenile,
trafficking in
cocaine is a felony of the first degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.
(g) If the amount of the drug involved exceeds
one thousand grams of cocaine that is not crack
cocaine or exceeds one
hundred grams of crack cocaine
and regardless of whether the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in cocaine
is a felony of the first degree,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may
impose an additional mandatory prison term prescribed for a major
drug offender under division (D)(3)(b)
of section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is
L.S.D. or a compound, mixture, preparation, or substance containing
L.S.D., whoever violates division
(A) of this section is guilty of trafficking in
L.S.D. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(5)(b), (c), (d), (e), (f), or (g) of this
section, trafficking in
L.S.D. is a felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(5)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking in L.S.D. is a felony of the fourth
degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
ten unit doses but does not exceed fifty unit doses
of L.S.D. in a solid form or exceeds one gram
but does not
exceed five grams of L.S.D. in a liquid
concentrate, liquid
extract, or liquid distillate form,
trafficking in
L.S.D. is a felony of the fourth degree,
and there is a presumption for a prison term for the offense. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
fifty unit doses but does not exceed two hundred fifty unit doses
of L.S.D. in a solid form or exceeds five grams
but does
not exceed twenty-five grams of L.S.D. in a liquid
concentrate,
liquid extract, or liquid distillate form,
trafficking
in
L.S.D. is a felony of the third degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the third degree. If the
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
two hundred fifty unit doses but does not exceed one thousand
unit doses
of L.S.D. in a solid form or exceeds twenty-five
grams but
does not exceed one hundred grams of L.S.D. in a
liquid
concentrate, liquid extract, or liquid distillate form,
trafficking in
L.S.D. is a felony of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the first degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved exceeds
one thousand unit doses but does not exceed five thousand unit
doses
of L.S.D. in a solid form or exceeds one hundred
grams but
does not exceed five hundred grams of L.S.D. in a
liquid
concentrate, liquid extract, or liquid distillate form
and regardless of whether the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in
L.S.D. is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(g) If the amount of the drug involved exceeds
five thousand unit doses
of L.S.D. in a solid form or exceeds five
hundred grams of
L.S.D. in a liquid concentrate, liquid extract, or
liquid
distillate form
and regardless of whether the offense was committed
in the vicinity of a school or in the vicinity of a juvenile, trafficking in
L.S.D. is
a
felony of the first degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree and may impose an additional mandatory
prison term prescribed for a major drug offender under
division (D)(3)(b) of section 2929.14 of
the Revised Code.
(6) If the drug involved in the violation is heroin or a compound,
mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty
of trafficking in heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in
division (C)(6)(b), (c), (d),
(e), (f), or (g) of this section,
trafficking in heroin is a felony of the fifth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to
impose
a prison term on the offender.
(b) Except as otherwise provided in
division (C)(6)(c), (d), (e),
(f), or (g) of this section, if the offense was committed
in the vicinity
of a school
or in the vicinity of a juvenile, trafficking in heroin is a
felony of the fourth degree, and division (C) of section 2929.13 of the
Revised Code
applies in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one gram but does not exceed five grams, trafficking in heroin is a felony of
the fourth degree,
and there is a presumption for a prison term for the offense. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
third degree, and there is a presumption for a prison term for
the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds five
grams but does not exceed ten grams, trafficking in heroin is a felony of the
third degree,
and there is a presumption for a prison term for the offense.
If the amount of the drug involved is within that range and if
the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
second degree, and there is a presumption for a prison term for
the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
ten grams but does not exceed fifty grams, trafficking in heroin is a felony
of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved exceeds
fifty grams but does not exceed two hundred fifty grams and regardless of
whether the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
heroin is a felony of the first degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.
(g) If the amount of the drug involved exceeds
two hundred fifty grams and regardless of whether the offense was committed in
the vicinity of a school or in the vicinity of a juvenile, trafficking in
heroin is a felony of the first
degree,
and the court shall impose as a mandatory prison term the
maximum prison term prescribed for a felony of the first degree
and may impose an additional mandatory prison term prescribed for
a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(7) If the drug involved in the violation is hashish or a compound,
mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty
of trafficking in hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b), (c), (d), (e), or
(f) of this section,
trafficking in hashish is a felony of the fifth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to
impose
a prison term on the offender.
(b) Except as otherwise provided in division
(C)(7)(c), (d), (e), or (f)
of this section, if the offense was committed in the vicinity
of a
school or in the vicinity of a juvenile, trafficking in hashish
is a felony of the fourth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a prison term on
the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds ten grams but does not exceed fifty grams of
hashish in a solid form or exceeds two grams but does not exceed ten grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the fourth
degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If the amount of
the drug involved is within that range
and if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in hashish is a felony
of the third degree, and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds fifty grams but does not exceed two hundred fifty
grams of hashish in a solid form or exceeds ten grams but does not exceed
fifty grams of hashish in a liquid concentrate, liquid extract, or liquid
distillate form, trafficking in hashish is a
felony of the
third degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If the amount of
the drug involved is within that range
and if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in hashish is a felony
of the second degree, and
there is a presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds two hundred fifty grams but does not exceed one
thousand grams of hashish in a solid form or exceeds fifty grams but does not
exceed two hundred grams of hashish in a liquid concentrate, liquid extract,
or
liquid distillate form, trafficking in hashish is a felony of
the third degree, and there is a presumption that a prison term shall be
imposed for the offense. If the amount of the drug involved is within
that range and if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in hashish
is a felony of the second degree, and there is a presumption that a prison
term shall be imposed for the offense.
(f) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one thousand grams of hashish in a solid form or exceeds two hundred grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form,
trafficking in
hashish is a felony of the second degree, and the court shall
impose as a mandatory prison term the maximum prison term
prescribed for a felony of the second degree. If the amount of the drug
involved exceeds
one thousand grams of hashish in a solid form or exceeds two hundred grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form
and if the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of
the first degree,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree.
(D) In addition to any prison term authorized
or required by division (C) of this section and sections
2929.13 and 2929.14 of the Revised Code, and in
addition to any other sanction imposed for the offense under this
section or sections 2929.11 to 2929.18 of the Revised
Code, the court that sentences an offender who is
convicted of or pleads guilty to a violation of division
(A) of this section shall do all of the following that
are applicable regarding the offender:
(1) If the violation of division (A) of this
section is a felony of the first, second, or third degree, the
court shall impose upon the offender the mandatory fine specified
for the offense under division (B)(1) of section 2929.18
of the Revised Code unless, as specified in that
division, the court determines that the offender is indigent. Except as
otherwise provided in division (H)(1) of this section, a
mandatory fine or any other fine imposed for a violation of this
section is subject to division (F) of this
section. If a person is charged with a violation of this section
that is a felony of the first, second, or third degree, posts
bail, and forfeits the bail, the clerk of the court shall pay the
forfeited bail
pursuant to divisions (D)(1) and
(F) of this section, as if the forfeited bail was a fine
imposed for a violation of this section. If any amount of the forfeited bail
remains after that payment and if a fine is imposed under division (H)(1) of
this section, the clerk of the court shall pay the remaining amount of the
forfeited bail pursuant to divisions (H)(2) and (3) of this section, as if
that remaining amount was a fine imposed under division (H)(1) of this
section.
(2) The court shall revoke or suspend the driver's or
commercial driver's license or permit of the offender in
accordance with division (G) of this section.
(3) If the offender is a professionally licensed person
or a person who has been admitted to the bar by order of the
supreme court in compliance with its prescribed and published
rules, the court forthwith shall comply with section 2925.38 of
the Revised Code.
(E) When a person is charged with the
sale of or offer to sell a bulk amount
or a multiple of a bulk amount of a controlled substance, the jury, or the
court trying the
accused, shall determine the amount of the controlled substance
involved at the time of the offense and, if a guilty verdict is
returned, shall return the findings as part of the verdict. In
any such case, it is unnecessary to find and return the exact
amount of the controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the
controlled substance involved is the requisite
amount, or that the amount of the controlled
substance involved is less than the requisite
amount.
(F)(1) Notwithstanding any contrary provision of section
3719.21 of the Revised Code and except as provided in division (H) of this
section, the clerk of the court shall pay any mandatory fine imposed pursuant
to division (D)(1) of this section and any fine other than a
mandatory fine that is imposed for
a violation of this section pursuant to division (A) or (B)(5) of section
2929.18 of the Revised Code to the
county, township, municipal corporation, park district, as
created pursuant to section 511.18 or 1545.04 of the Revised
Code, or state law enforcement agencies in this state that
primarily were responsible for or involved in making the arrest
of, and in prosecuting, the offender. However, the clerk shall not
pay a mandatory fine
so imposed to a law enforcement agency unless the
agency has adopted a written internal control policy under
division (F)(2) of this section that addresses the use of
the
fine moneys that it receives. Each agency shall use
the mandatory fines so paid to subsidize the agency's law enforcement
efforts that
pertain to drug offenses, in accordance with the written internal
control policy adopted by the recipient agency under division
(F)(2) of this section.
(2)(a) Prior to receiving any fine moneys under division
(F)(1) of this section or division (B)(5) of section 2925.42 of
the Revised Code, a law enforcement agency shall adopt a written
internal control policy that addresses the agency's use and
disposition of all fine moneys so received and that provides for
the keeping of detailed financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type
of expenditure. The policy shall not provide for or permit the
identification of any specific expenditure that is made in an
ongoing investigation. All financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type
of expenditure by an agency are public records open for
inspection under section 149.43 of the Revised Code.
Additionally, a written internal control policy adopted under
this division is such a public record, and the agency that
adopted it shall comply with it.
(b) Each law enforcement agency that receives in any
calendar year any fine moneys under division (F)(1) of this
section or division (B)(5) of section 2925.42 of the Revised Code
shall prepare a report covering the calendar year that cumulates
all of the information contained in all of the public financial
records kept by the agency pursuant to division (F)(2)(a) of this
section for that calendar year, and shall send a copy of the
cumulative report, no later than the first day of March in the
calendar year following the calendar year covered by the report,
to the attorney general. Each report received by the attorney
general is a public record open for inspection under section
149.43 of the Revised Code. Not later than the fifteenth
day of April in the calendar year in which the reports
are received, the attorney general shall send
to the president of the senate
and the speaker of the house of representatives
a written notification that does all of the following:
(i) Indicates that the attorney general has received from
law enforcement agencies reports of the type described in this division that
cover
the previous
calendar year and indicates that the reports were received under this
division;
(ii) Indicates that the reports
are open for inspection under section 149.43 of the
Revised Code;
(iii) Indicates that the attorney general
will provide a copy of any or all of the reports to the
president of the senate or the speaker of the house of
representatives upon request.
(3) As used in division
(F) of this section:
(a) "Law enforcement agencies" includes, but is not
limited to, the state board of pharmacy and the office of a
prosecutor.
(b) "Prosecutor" has the same meaning as in section
2935.01 of the Revised Code.
(G) When required under division
(D)(2) of
this section, the court either shall revoke or, if it
does not revoke, shall suspend for not less than six
months or more than five years, the driver's or
commercial
driver's license or permit of any person who is convicted of or
pleads
guilty to a violation of this section that is a felony of the
first degree and shall suspend for not less than six months
or
more than five years the driver's or commercial driver's license
or permit
of any person who is convicted of or pleads guilty to any other
violation of this section. If an offender's driver's or
commercial driver's license or permit is revoked pursuant to this
division,
the offender, at any time after the expiration of two years from
the day on which the offender's sentence was imposed or from the
day on
which the offender finally was released from a
prison
term under the
sentence, whichever is later, may file a motion with the
sentencing court requesting termination of the revocation; upon
the filing of such a motion and the court's finding of good cause
for the termination, the court may terminate the revocation.
(H)(1) In addition to any prison term
authorized or required by division (C) of this section and
sections 2929.13 and 2929.14 of the
Revised Code, in addition to any other
penalty or sanction imposed for the offense under this section
or sections 2929.11 to 2929.181 of the
Revised Code, and in addition to the
forfeiture of property in connection with the offense as
prescribed in sections 2925.42 to 2925.45 of the
Revised Code, the court that sentences
an offender who is convicted of or pleads guilty to a violation
of division (A) of this section may impose upon the offender an
additional fine specified for the offense in
division (B)(4) of section
2929.18 of the Revised Code. A fine imposed under
division (H)(1) of this section
is not subject to division (F) of this section and shall
be used solely for the support of one or more eligible alcohol
and drug addiction programs in accordance with divisions
(H)(2) and (3) of this section.
(2) The court that imposes a fine under division
(H)(1) of this section shall
specify in the judgment that imposes the fine one or more
eligible alcohol and drug addiction programs for the support of
which the fine money is to be used. No alcohol and drug
addiction program shall receive or use money paid or collected
in satisfaction of a fine imposed under division
(H)(1) of this section unless
the program is specified in the judgment that imposes the fine.
No alcohol and drug addiction program shall be specified in the
judgment unless the program is an eligible alcohol and drug
addiction program and, except as otherwise provided in division
(H)(2) of this section, unless
the program is located in the county in which the court that
imposes the fine is located or in a county that is immediately
contiguous to the county in which that court is located. If no
eligible alcohol and drug addiction program is located in any
of those counties, the judgment may specify an eligible alcohol
and drug addiction program that is located anywhere within this
state.
(3) Notwithstanding any contrary provision of section
3719.21 of the Revised Code, the clerk of the court
shall pay any fine imposed under division
(H)(1) of this section to the eligible alcohol and drug addiction
program specified pursuant to division (H)(2) of this section in the
judgment. The eligible alcohol and drug addiction program that receives the
fine moneys shall use the moneys only for the
alcohol and drug addiction services identified in the
application for certification under section 3793.06 of the
Revised Code or in the application for a
license under section 3793.11 of the Revised Code filed with
the department of alcohol and drug addiction services by the alcohol and drug
addiction program specified in the judgment.
(4) Each alcohol and drug addiction program that receives
in a calendar year any fine moneys under division
(H)(3) of this section shall
file an annual report covering that calendar year with the court
of common pleas and the board of county commissioners of the
county in which the program is located, with the court of common pleas and the
board of county commissioners of each county from which the program received
the moneys if that county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug addiction
program shall file the report no later than the first day of March in
the calendar year
following the calendar year in which the program received the
fine moneys. The report shall include statistics on the number
of persons served by the alcohol and drug addiction program,
identify the types of alcohol and drug addiction services
provided to those persons, and include a specific accounting of
the purposes for which the fine moneys received were used. No
information contained in the report shall identify, or enable a
person to determine the identity of, any person served by the
alcohol and drug addiction program. Each report received by a
court of common pleas, a board of county commissioners, or the
attorney general is a public record open for inspection under
section 149.43 of the Revised Code.
(5) As used in divisions (H)(1) to (5) of this section:
(a) "Alcohol and drug addiction
program" and "alcohol and drug addiction services" have the same
meanings as in section 3793.01 of the Revised Code.
(b) "Eligible alcohol and drug
addiction program" means an alcohol and drug addiction program
that is certified under section 3793.06 of the
Revised Code or licensed under section
3793.11 of the Revised Code by the department of
alcohol and drug addiction services.
Sec. 2929.13. (A) Except as provided in
division (E), (F), or (G) of this section and unless a
specific sanction is required to be imposed or is precluded from
being imposed pursuant to law, a court that imposes a sentence
upon an offender for a felony may impose any sanction or
combination of sanctions on the offender that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on state or local government resources.
If the offender is eligible to be sentenced to community control sanctions,
the court shall consider the
appropriateness of imposing a financial sanction pursuant to
section 2929.18 of the Revised Code or
a sanction of community service
pursuant to section 2929.17 of the Revised Code
as the sole sanction for the offense. Except as otherwise provided in this
division, if the court is required
to impose a mandatory prison term for the offense for which
sentence is being imposed, the court also may impose a financial
sanction pursuant to section 2929.18 of the Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code.
If the offender is being sentenced for a fourth degree felony
OMVI offense, in addition to the mandatory term of local
incarceration or the mandatory prison term required for
the offense by
division (G)(1) or (2) of this section, the
court shall impose upon the offender a mandatory fine in accordance with
division (B)(3) of section 2929.18 of the
Revised Code
and may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the offender
be sentenced to a mandatory term of local incarceration, an additional
community control sanction
or combination of community control sanctions under section 2929.16 or 2929.17
of the Revised
Code;
(2) If division (G)(2) of this section requires that the offender
be sentenced to a mandatory prison term, an additional prison term as
described in division (D)(4) of section 2929.14 of the Revised Code.
(B)(1) Except as provided in division (B)(2),
(E), (F), or (G) of this section, in sentencing an offender for a
felony of the fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply:
(a) In committing the offense, the offender caused
physical harm to a person.
(b) In committing the offense, the offender attempted
to cause or made an actual threat of physical harm to a person
with a deadly weapon.
(c) In committing the offense, the offender attempted
to cause or made an actual threat of physical harm to a person,
and the offender previously was convicted of an offense that
caused physical harm to a person.
(d) The offender held a public office or position of
trust and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense
or to bring those committing it to justice; or the offender's
professional reputation or position facilitated the offense or
was likely to influence the future conduct of others.
(e) The offender committed the offense for hire or as part
of an organized criminal activity.
(f) The offense is a sex offense that is a fourth or
fifth degree felony violation of section 2907.03, 2907.04,
2907.05, 2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the Revised Code.
(g) The offender previously served a prison term.
(h) The offender previously was subject to a community control
sanction, and the offender committed
another offense while under the sanction.
(2)(a) If the court makes a finding
described in division (B)(1)(a), (b), (c), (d), (e), (f), (g),
or (h) of this section and if the court, after
considering the factors set forth in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the offender is not amenable to an available
community control sanction, the court shall impose a
prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this section, if the
court does not make a
finding described in division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h)
of this section and if the court, after
considering the factors set forth in section 2929.12 of the
Revised
Code, finds that a community
control sanction or combination of community control sanctions
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the
Revised
Code, the court shall impose a
community control sanction or combination of community control
sanctions upon the offender.
(C) Except as provided in division (E)
or (F) of this section, in determining whether to impose a prison
term as a sanction for a felony of the
third degree or a felony drug offense that is a
violation of a provision of
Chapter 2925. of the
Revised
Code and that is specified as
being subject to this division for purposes of sentencing, the
sentencing court shall comply with the purposes and principles
of sentencing under section 2929.11 of the
Revised
Code and with section 2929.12
of the Revised Code.
(D) Except as provided in division (E)
or (F) of this section, for a felony of the first or
second degree and for a felony drug offense that is a violation
of any provision of Chapter 2925., 3719., or 4729. of the
Revised Code for which a presumption in favor of
a prison term is specified as being applicable, it is presumed
that a prison term is necessary in order to comply
with the purposes and principles of sentencing under section 2929.11 of the
Revised Code. Notwithstanding the presumption established
under this division, the sentencing court may
impose a community control sanction or a combination of community control
sanctions instead of a prison term on an offender for a felony of the first or
second degree or for a felony drug offense that is a violation of any
provision of Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being applicable if
it makes both of
the following findings:
(1) A community control sanction or a combination of community control
sanctions would
adequately punish the offender and protect the public from future
crime, because the applicable factors
under section 2929.12
of the Revised Code indicating a lesser
likelihood of recidivism
outweigh the applicable factors under that section
indicating a
greater likelihood of recidivism.
(2) A community control sanction or a combination of community control
sanctions would not
demean the seriousness of the offense, because one or more
factors under section 2929.12 of the Revised
Code that indicate that the offender's conduct was less serious than
conduct normally constituting the offense are applicable, and they outweigh
the applicable factors under that section that indicate that the
offender's conduct was more
serious than conduct normally constituting the offense.
(E)(1) Except as provided in division
(F) of this section, for any drug offense that is a
violation of any provision of Chapter 2925.
of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption under division (D) of this section in favor of a prison
term or of division (B) or (C) of this section in
determining
whether to impose a prison term for the offense shall be
determined as specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37 of the Revised Code,
whichever is applicable regarding the violation.
(2) If an offender who was convicted of or pleaded guilty to a felony drug
offense in violation of a provision of Chapter 2925.,
3719., or 4729. of the Revised Code violates the conditions of a community
control sanction imposed for the offense solely by
possessing or using a
controlled substance and if the offender has not failed to meet the conditions
of any drug treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as punishment for the
violation of the sanction, shall order that the offender participate in a drug
treatment program or in alcoholics anonymous, narcotics anonymous, or a
similar program if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set forth in section
2929.11 of the Revised Code. If the court determines that an order of that
nature would not be consistent with those purposes and principles or if the
offender violated the conditions of a drug treatment program in which the
offender participated as a sanction for the offense, the court may impose on
the offender a sanction authorized for the violation of the sanction,
including a prison term.
(F) Notwithstanding divisions (A) to
(E) of this section, the court shall impose a prison
term or terms under sections 2929.02 to 2929.06, section 2929.14, or section
2971.03 of the Revised Code and except as specifically provided in
section 2929.20 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised
Code, shall not reduce the terms pursuant to section 2929.20, section
2967.193, or any other provision of
Chapter 2967. or Chapter 5120. of
the Revised Code for any of the following
offenses:
(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape by force
when
the victim is under
thirteen years of age;
(3) Gross sexual imposition or sexual battery, if the victim is under
thirteen
years of age, if the offender previously was convicted of or pleaded guilty to
rape, the former offense of felonious sexual penetration, gross sexual
imposition, or sexual
battery,
and if the victim of the previous offense was under thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07,
or 2903.08 of the Revised Code if the section requires the
imposition of a prison term;
(5) A first, second, or third degree felony drug
offense for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is
applicable regarding the violation, requires the imposition of a
mandatory prison term;
(6) Any offense that is a first or second degree felony
and that is not set forth in division (F)(1), (2), (3), or (4)
of this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or
second degree felony, or an offense under an existing or former law
of this state, another state, or the United States that is
or was substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 of the Revised
Code, that is a felony, if the offender had a
firearm on or about the offender's person or under the offender's control
while committing the felony, with respect to a portion of the
sentence imposed pursuant to division (D)(1)(a) of
section 2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of
the Revised Code when the most serious offense in
the pattern of corrupt activity that is the basis of the offense
is a felony of the first degree;
(9) Any sexually violent offense for which the offender also is convicted
of or pleads guilty to a sexually violent predator
specification that was included in the indictment, count in the indictment, or
information charging the sexually violent offense;
(10) A violation of division (A)(1) or (2) of section 2921.36 of the Revised
Code, or a violation of division (C) of that section involving an item listed
in division (A)(1) or (2) of that section, if the offender is an officer or
employee of the department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of
this section, if an offender is being sentenced for a fourth degree felony
OMVI offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in accordance with the
following:
(1) Except as provided in division (G)(2) of this section, the
court shall impose upon the offender a mandatory term of local incarceration
of sixty days as specified in division (A)(4) of section 4511.99 of
the Revised Code and shall not reduce the term pursuant to
section 2929.20, 2967.193, or any other provision of the Revised
Code. The court that imposes a mandatory term of local incarceration
under this division shall specify whether the term is to be served in a
jail, a community-based correctional
facility, a halfway house, or an alternative residential facility, and the
offender shall serve the term in the type of facility specified
by the court. The court shall not sentence the offender to a prison term and
shall not specify that the offender is to serve the mandatory term of local
incarceration in prison. A mandatory term of local incarceration imposed
under division (G)(1) of this section is not subject to extension
under section 2967.11 of the Revised Code, to a period of post-release control
under section 2967.28 of the Revised Code, or to any other Revised Code
provision that pertains to a prison term.
(2) If the offender previously has been sentenced to a mandatory term
of local incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OMVI offense, the court shall impose upon the
offender a mandatory prison term of sixty days as specified in division (A)(4)
of section 4511.99 of the Revised Code and shall not reduce the term pursuant
to section 2929.20, 2967.193, or any other provision of the Revised Code. In
no case shall an offender who once has been sentenced to a mandatory term
of local incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OMVI offense be sentenced to another mandatory
term of local incarceration under that division for a fourth degree felony
OMVI offense. The court shall not sentence the offender to a
community control sanction under section 2929.16 or 2929.17 of the Revised
Code. The department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an intensive
program prison established pursuant to section 5120.033 of the Revised
Code if the department gave the sentencing judge prior notice of its intent to
place the offender in an intensive program prison established under that
section and if the judge did not notify the department that the judge
disapproved the placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code that is privately operated
and managed by a contractor pursuant to a contract entered into under section
9.06 of the Revised Code, both of the following apply:
(a) The department of rehabilitation and correction shall make a
reasonable effort to ensure that a sufficient number of offenders sentenced to
a mandatory prison term under this division are placed in the privately
operated and managed prison so that the privately operated and managed prison
has full occupancy.
(b) Unless the privately operated and managed prison has full
occupancy, the department of rehabilitation and correction shall not place any
offender sentenced to a mandatory prison term under this division in any
intensive program prison established pursuant
to section 5120.033 of the Revised Code other
than the privately operated and managed prison.
(H) If an offender is being sentenced
for a sexually oriented offense committed on or after January 1,
1997, the judge shall
require the offender to submit to a
DNA specimen collection procedure pursuant to section 2901.07 of the
Revised Code
if either of the following applies:
(1) The offense was a sexually violent offense, and the offender also was
convicted of or pleaded guilty to a sexually violent predator specification
that was included in the indictment,
count in the indictment, or information charging the sexually violent offense.
(2) The judge imposing sentence for the sexually oriented offense
determines pursuant to division (B) of section 2950.09 of the Revised
Code that the offender is a sexual predator.
(I) If an offender is being sentenced
for a sexually oriented offense committed on or after January 1,
1997, the judge shall
include in the sentence a summary of the
offender's duty to register pursuant to section 2950.04 of the Revised Code,
the offender's duty to provide notice of a change in residence address and
register the new residence address pursuant to section 2950.05 of the Revised
Code, the offender's duty to periodically verify the offender's current
residence address pursuant to section 2950.06 of the Revised Code, and the
duration of the duties. The judge shall inform the offender, at the
time of sentencing, of those duties and of their duration and, if required
under division (A)(2) of section 2950.03 of
the Revised Code, shall perform the duties specified in that
section.
Sec. 2929.18. (A) Except as otherwise provided in this
division and in addition to imposing court costs pursuant to section 2947.23
of the Revised Code, the court imposing a sentence upon an offender for a
felony may sentence the offender to any financial sanction or combination of
financial
sanctions authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the
offender a fine in accordance with that section. If the offender is sentenced
to a sanction of confinement pursuant to section 2929.14 or 2929.16 of the
Revised Code that is to be served in a facility operated by
a board of county commissioners, a legislative authority of a municipal
corporation, or another governmental entity, the court imposing sentence upon
an offender for a felony shall comply with division
(A)(4)(b) of this section in determining whether to
sentence the offender to a financial sanction described in division
(A)(4)(a) of this section. Financial sanctions
that may be imposed pursuant to this section include, but are
not limited to, the following:
(1) Restitution by the offender to the victim of the
offender's crime or any survivor of the victim, in an amount
based on the victim's economic loss. The court shall order that the
restitution be made to the adult probation department that serves the county
on behalf of the victim, to the clerk of courts, or to another agency
designated by the court, except that it may include a requirement
that reimbursement be made to third parties for amounts paid to
or on behalf of the victim or any survivor of the victim for economic
loss resulting from the offense. If reimbursement to third parties is
required, the reimbursement shall be made to any governmental
agency to repay any amounts paid by the agency to or on behalf of the
victim or
any survivor of the victim for economic loss resulting from the
offense before any reimbursement is made to any person other than
a governmental agency. If no governmental agency incurred
expenses for economic loss of the victim or any survivor of the
victim resulting from the offense, the reimbursement shall be
made to any person other than a governmental agency to repay
amounts paid by that person to or on behalf of the victim or any
survivor of the
victim for economic loss of the victim resulting from the
offense. The court shall not require an offender to repay an insurance
company for any amounts the company paid on behalf of the offender pursuant to
a policy of insurance. At sentencing, the court shall determine
the amount of
restitution to be made by the offender. All restitution payments
shall be credited against any recovery of economic loss in a
civil action brought by the victim or any survivor of the victim
against the offender.
(2) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision, or as described in division (B)(2)
of this section to one or more law enforcement agencies, with the
amount of the fine based on a standard percentage of the
offender's daily income over a period of time determined by the
court and based upon the seriousness of the offense. A fine
ordered under this division shall not exceed the statutory fine
amount authorized for the level of the offense under division
(A)(3) of this section.
(3) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision when appropriate for a felony, or as
described in division (B)(2) of this section to one or
more law enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more
than twenty thousand dollars;
(b) For a felony of the second degree, not more
than fifteen thousand dollars;
(c) For a felony of the third degree, not more
than ten thousand dollars;
(d) For a felony of the fourth degree, not more
than five thousand dollars;
(e) For a felony of the fifth degree, not more
than two thousand five hundred dollars.
(4)(a) Subject to division
(A)(4)(b) of this section, reimbursement by the
offender of any or
all of the costs of sanctions incurred by the government,
including the following:
(i) All or part of the costs of implementing
any community control sanction;
(ii) All or part of the costs of confinement
under a sanction imposed pursuant to section 2929.14 or 2929.16
of the Revised Code, provided that the amount of
reimbursement ordered under this division shall not exceed
the total amount of reimbursement the
offender is able to pay as determined at a hearing and shall not exceed the
actual cost of the confinement;
(b) If the offender is sentenced to a sanction of confinement pursuant to
section 2929.14 or 2929.16 of the Revised
Code that is to be served in a facility
operated by a board of county commissioners, a legislative authority of a
municipal corporation, or another local governmental entity, one of the
following applies:
(i) If, pursuant to section 307.93, 341.14, 341.19, 341.23,
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code, the
board, legislative authority, or other local governmental entity requires
prisoners convicted of an offense other than a minor misdemeanor to reimburse
the county, municipal corporation, or other entity for its expenses incurred
by reason of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires the offender
to reimburse the county, municipal corporation, or other local governmental
entity for the cost of the confinement. In addition, the
court may impose any other financial sanction under this section.
(ii) If, pursuant to any section identified in division
(A)(4)(b)(i)
of this section, the board, legislative authority, or other local governmental
entity has adopted
a resolution or ordinance specifying that prisoners convicted of felonies are
not required to reimburse the county, municipal corporation, or other local
governmental entity
for its expenses incurred by reason of the prisoner's confinement, the court
shall not impose a financial sanction under division (A)(4)(a) of this section
that requires the offender to reimburse the county, municipal corporation, or
other local governmental entity for the cost of the confinement, but the court
may impose any
other financial sanction under this section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) of this section
applies, the court may impose, but is not required to impose, any financial
sanction under this section.
(c) Reimbursement by the offender for costs
pursuant to section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree
felony violation of any provision of Chapter 2925.,
3719., or 4729. of the Revised Code, the
sentencing court shall impose upon the offender a mandatory fine
of at least one-half of, but not more than, the maximum statutory
fine amount authorized for the level of the offense pursuant to
division (A)(3) of this section. If an offender alleges in an affidavit filed
with the court prior
to sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an
indigent person and is unable to pay the mandatory fine described in this
division, the court shall not impose the mandatory fine upon the offender.
(2) Any mandatory fine imposed upon an offender under
division (B)(1) of this section and any fine imposed upon
an offender under division (A)(2) or (3) of this section
for any fourth or fifth degree felony violation of any provision
of Chapter 2925., 3719., or 4729. of the Revised
Code shall be paid to law enforcement agencies pursuant
to division (F) of section 2925.03 of the Revised
Code.
(3) For a fourth degree felony
OMVI
offense and for a third degree felony OMVI offense, the sentencing
court shall impose upon the offender a mandatory fine
in the amount specified in division (A)(4) of section 4511.99
of the Revised
Code. The mandatory fine so imposed shall be
disbursed as provided in division (A)(4) of section
4511.99 of the Revised
Code.
(4) Notwithstanding any fine
otherwise authorized or required to be imposed under division
(A)(2) or (3) or (B)(1) of this section or section 2929.31
of the Revised Code for a violation of section 2925.03 or
2925.07 of the Revised Code, in addition to any
penalty or sanction imposed for that offense under section
2925.03 or 2925.07 or sections 2929.11 to 2929.18 of the
Revised Code and in addition to the
forfeiture of property in connection with the offense as
prescribed in sections 2925.42 to 2925.45 of the
Revised Code, the court that sentences
an offender for a violation of section 2925.03 or 2925.07 of
the Revised Code may impose upon the
offender a fine in addition to any fine imposed under division
(A)(2) or (3) of this section
and in addition to any mandatory fine imposed under division
(B)(1) of this section. The fine imposed under division
(B)(4) of this section shall be used as provided in division
(H) of section 2925.03 of the Revised Code. A fine
imposed under division (B)(4) of this section shall not exceed
whichever of the following is applicable:
(a) The total value of any personal
or real property in which the offender has an interest and that
was used in the course of, intended for use in the course of,
derived from, or realized through conduct in violation of
section 2925.03 or 2925.07 of the Revised Code, including any
property that constitutes proceeds derived from that offense;
(b) If the offender has no interest
in any property of the type described in division
(B)(4)(a) of this section or if it is not possible to
ascertain whether
the offender has an interest in any property of that type in
which the offender may have an interest, the amount of the
mandatory fine for the offense imposed under division
(B)(1) of this section or, if no mandatory fine is imposed under
division (B)(1) of this section, the amount of the fine authorized
for the level of the offense
imposed under division (A)(3) of this section.
(5) Prior to imposing a fine under division
(B)(4) of this section, the
court shall determine whether the offender has an interest in
any property of the type described in division
(B)(4)(a) of this section. Except as provided in
division (B)(6) or (7) of this section,
a fine that is authorized and imposed under division
(B)(4) of this section does not
limit or affect the imposition of the penalties and sanctions
for a violation of section 2925.03 or 2925.07 of the Revised Code
prescribed under
those sections
or sections 2929.11 to 2929.18 of the
Revised Code and does not limit or
affect a forfeiture of property in connection with the offense
as prescribed in sections 2925.42 to 2925.45 of the
Revised Code.
(6) If the sum total of a mandatory fine amount imposed
for a first, second, or third degree felony violation of section
2925.03 or a third degree felony violation of section 2925.07
of the Revised Code under division
(B)(1) of this section plus the
amount of any fine imposed under division
(B)(4) of this section does not
exceed the maximum statutory fine amount authorized for the
level of the offense under division (A)(3) of this section or
section 2929.31 of the Revised Code, the court may impose a
fine for the offense in addition to the mandatory fine and the
fine imposed under division (B)(4) of this section. The
sum total of the amounts of the mandatory fine, the fine imposed
under division (B)(4) of this
section, and the additional fine imposed under division
(B)(6) of this section shall
not exceed the maximum statutory fine amount authorized for the
level of the offense under division (A)(3) of this section or
section 2929.31 of the Revised Code. The clerk of the court
shall pay any fine that is imposed under division
(B)(6) of this section to the county, township, municipal
corporation, park district as
created pursuant to section 511.18 or 1545.04 of the
Revised Code, or state law enforcement
agencies in this state that primarily were responsible for or
involved in making the arrest of, and in prosecuting, the
offender pursuant to division (F) of section 2925.03 of the
Revised Code.
(7) If the sum total of the amount of a mandatory fine
imposed for a first, second, or third degree felony violation of
section 2925.03 or a third degree felony violation of section
2925.07 of the Revised Code plus the amount of any
fine imposed under division (B)(4) of this section exceeds
the maximum statutory fine amount authorized for the level of
the offense under division (A)(3) of this section or
section 2929.31 of the Revised Code, the court shall not
impose a fine under division (B)(6) of this section.
(C)(1) The offender shall pay reimbursements
imposed upon the offender pursuant to division
(A)(4)(a) of this
section to pay the costs incurred by the department of rehabilitation and
correction in operating a
prison or other facility used to confine offenders pursuant to sanctions
imposed under section 2929.14 or 2929.16 of the Revised
Code to the treasurer of state. The treasurer of state
shall deposit the reimbursements in the confinement cost
reimbursement fund that is hereby created in the state
treasury. The department of rehabilitation and correction shall
use the amounts deposited in the fund to fund the operation of
facilities used to confine offenders pursuant to sections 2929.14
and 2929.16 of the Revised Code.
(2) Except as provided in section 2951.021 of the Revised Code, the offender
shall pay reimbursements imposed upon the offender pursuant to division
(A)(4)(a) of this
section to pay the costs incurred by a county pursuant to any
sanction imposed under this section or section 2929.16 or 2929.17
of the Revised Code or in operating a facility
used to confine offenders pursuant to a sanction imposed under
section 2929.16 of the Revised Code to the county
treasurer. The county treasurer shall deposit the
reimbursements in the sanction cost reimbursement fund that each
board of county commissioners shall create in its county
treasury. The county shall use the amounts deposited in the fund
to pay the costs incurred by the county pursuant to any sanction
imposed under this section or section 2929.16 or 2929.17 of the
Revised Code or in operating a facility used to
confine offenders pursuant to a sanction imposed under section
2929.16 of the Revised Code.
(3) Except as provided in section 2951.021 of the Revised Code, the offender
shall pay reimbursements imposed upon the offender pursuant to division
(A)(4)(a) of this
section to pay the costs incurred by a municipal corporation
pursuant to any sanction imposed under this section or section
2929.16 or 2929.17 of the Revised Code or in
operating a facility used to confine offenders pursuant to a
sanction imposed under section 2929.16 of the Revised
Code to the treasurer of the municipal
corporation. The treasurer shall deposit the reimbursements
in a special fund that shall be established in the
treasury of each municipal corporation. The municipal
corporation shall use the amounts deposited in the fund to pay
the costs incurred by the municipal corporation pursuant to any
sanction imposed under this section or section 2929.16 or 2929.17
of the Revised Code or in operating a facility
used to confine offenders pursuant to a sanction imposed under
section 2929.16 of the Revised Code.
(4) Except as provided in section 2951.021 of the Revised Code, the offender
shall pay reimbursements imposed pursuant to division
(A)(4)(a) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section or section
2929.16 or 2929.17 of the Revised Code to the provider.
(D) A financial sanction imposed pursuant to division (A) or
(B) of this section is a judgment in favor of the state or a
political subdivision in which the court that imposed the financial
sanction is located, except that a financial sanction of
reimbursement imposed pursuant to division
(A)(4)(a)(ii) of this section upon an
offender who is incarcerated in a state facility or a municipal
jail is a judgment in favor of the state or the municipal
corporation, a financial sanction of reimbursement imposed upon an
offender pursuant to this section for costs incurred by a private provider of
sanctions is a judgment in favor of the private provider, and a
financial sanction of restitution imposed
pursuant to this section is a judgment in favor of the victim of
the offender's criminal act. The offender subject to the sanction is the
judgment debtor. Imposition of a financial sanction and execution on the
judgment does not preclude any other power of the court to impose or enforce
sanctions on the offender. Once the financial sanction is
imposed as a judgment, the victim, private provider, state, or
political subdivision may bring an action to do any of the following:
(1) Obtain execution of the judgment through any
available procedure, including:
(a) An execution against the property of the
judgment debtor under Chapter 2329. of the
Revised Code;
(b) An execution against the person of the
judgment debtor under Chapter 2331. of the
Revised Code;
(c) A proceeding in aid of execution under
Chapter 2333. of the Revised Code,
including:
(i) A proceeding for the examination of the
judgment debtor under sections 2333.09 to 2333.12 and sections
2333.15 to 2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person
of the judgment debtor under section 2333.28 of the
Revised Code;
(iii) A creditor's suit under section 2333.01
of the Revised Code.
(d) The attachment of the property of the
judgment debtor under Chapter 2715. of the
Revised Code;
(e) The garnishment of the property of the
judgment debtor under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the
judgment debtor under section 1321.33 of the Revised
Code.
(E) A court that imposes a financial sanction upon an offender may hold a
hearing if necessary to determine whether the offender is able to pay the
sanction or is likely in the future to be able to pay it.
(F) Each court imposing a financial sanction
upon an offender under this section or under section 2929.25 of the Revised
Code may designate a court
employee to collect, or may enter into contracts with one or more
public agencies or private vendors for the collection of, amounts
due under the financial sanction imposed pursuant to this
section or section 2929.25 of the Revised Code. Before entering into a
contract for the collection of
amounts due from an offender pursuant to any financial sanction imposed
pursuant to this section or section 2929.25 of the Revised Code,
a court shall comply with sections 307.86 to 307.92 of the
Revised Code.
(G) If a court that imposes a financial
sanction under division (A) or (B) of this section
finds that an offender satisfactorily
has completed all other sanctions imposed upon the offender and that all
restitution that has been ordered has been paid as ordered, the
court may suspend any financial sanctions imposed pursuant to this section
or section 2929.25 of the Revised Code that have not been
paid.
(H) No financial sanction imposed under this
section or section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender.
Section 2. That existing sections 2925.03, 2929.13, and 2929.18 and section
2925.07 of the Revised Code are hereby repealed.
Section 3. Section 2929.18 of the Revised Code is presented in this act as a
composite of the section as amended by both Am. Sub. S.B. 22 and Am. Sub. S.B.
107 of the 123rd 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 no substantively irreconcilable and constitutes a
legislative finding that such is the resulting version in effect prior to the
effective date of this act.
|