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(123rd General Assembly)(Amended Substitute Senate Bill Number 1)
AN ACT
To amend sections 2901.01, 2903.13, 2917.11, 2923.122, 2923.161,
2929.14, 3313.613, 3313.66,
3313.661, 3313.664, 3321.13, 3365.03, 3365.04, and 4507.061 and to enact
sections 2941.143, 3313.536, 3318.031, and 3365.041 of the
Revised Code to require each
school district board of education to adopt a comprehensive school safety plan
for each building in the district; to require the Ohio School Facilities
Commission to consider student and staff safety when reviewing design plans
for classroom facility construction projects; to define "school
safety zone" for purposes of the Criminal Code; to substitute "school safety
zone" for "school," "school premises," and similar
terms used to define certain offenses or enhance their penalties; to
enhance the penalty for any felony of the first, second, or third degree that
is an offense of violence and is committed
in a school safety zone or towards a person in a school safety zone; to
require a school
district superintendent to expel a pupil who has committed an act warranting
expulsion
even if the pupil withdraws from
the school before the superintendent has conducted
an expulsion hearing or has
made the decision to expel the
pupil; to permit a
school district board to adopt a policy authorizing the
superintendent to expel for up to one year any pupil who has
committed an act at school or on other school property that is a
criminal offense if committed by an adult and that results in serious
physical harm to either persons or property;
to permit
school districts to deny high school credit for college courses
taken during an expulsion and colleges to withdraw their acceptance of
expelled students under the Post-Secondary Enrollment Options Program;
to prohibit a student from having
a driver's license or permit if the student has been disciplined by a school
district for misconduct involving a weapon; and to make other revisions to
the
school discipline laws.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 2901.01, 2903.13, 2917.11, 2923.122, 2923.161,
2929.14, 3313.613, 3313.66, 3313.661, 3313.664, 3321.13, 3365.03, 3365.04, and
4507.061 be amended and sections 2941.143, 3313.536,
3318.031, and 3365.041 of the Revised Code be enacted
to read as follows:
Sec. 2901.01. (A) As used in the Revised Code: (1) "Force" means any violence, compulsion, or constraint
physically exerted by any means upon or against a person or
thing. (2) "Deadly force" means any force that carries a
substantial risk that it will proximately result in the death of
any person. (3) "Physical harm to persons" means any injury, illness,
or other physiological impairment, regardless of its gravity or
duration. (4) "Physical harm to property" means any tangible or
intangible damage to property that, in any degree, results in
loss to its value or interferes with its use or enjoyment.
"Physical harm to property" does not include wear and tear
occasioned by normal use. (5) "Serious physical harm to persons" means any of the
following: (a) Any mental illness or condition of such gravity as
would normally require hospitalization or prolonged psychiatric
treatment; (b) Any physical harm that carries a substantial risk of
death; (c) Any physical harm that involves some permanent
incapacity, whether partial or total, or that involves some
temporary, substantial incapacity; (d) Any physical harm that involves some permanent
disfigurement or that involves some temporary, serious
disfigurement; (e) Any physical harm that involves acute pain of such
duration as to result in substantial suffering or that involves
any degree of prolonged or intractable pain. (6) "Serious physical harm to property" means any physical
harm to property that does either of the following: (a) Results in substantial loss to the value of the
property or requires a substantial amount of time, effort, or
money to repair or replace; (b) Temporarily prevents the use or enjoyment of the
property or substantially interferes with its use or enjoyment
for an extended period of time. (7) "Risk" means a significant possibility, as contrasted
with a remote possibility, that a certain result may occur or
that certain circumstances may exist. (8) "Substantial risk" means a strong possibility, as
contrasted with a remote or significant possibility, that a
certain result may occur or that certain circumstances may exist. (9) "Offense of violence" means any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, 2905.01,
2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03,
2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31,
2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of division (A)(1), (2), or
(3) of section 2911.12 of the Revised Code or
felonious sexual penetration in violation of former section 2907.12 of the
Revised Code; (b) A violation of an existing or former municipal
ordinance or law of this or any other state or the United States,
substantially equivalent to any section, division, or
offense listed in
division (A)(9)(a) of this section; (c) An offense, other than a traffic offense, under an
existing or former municipal ordinance or law of this or any
other state or the United States, committed purposely or
knowingly, and involving physical harm to persons or a risk of
serious physical harm to persons; (d) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (A)(9)(a),
(b), or (c) of this section. (10)(a) "Property" means any property, real or
personal, tangible or intangible, and any interest or license in
that property. "Property" includes, but is not limited to, cable
television service, other telecommunications service,
telecommunications devices, information service, computers, data,
computer software, financial
instruments associated with computers, other documents
associated with computers, or copies of the documents, whether in
machine or human readable form, trade secrets, trademarks,
copyrights, patents, and property protected by a trademark, copyright, or
patent. "Financial instruments
associated with computers" include, but are not limited to,
checks, drafts, warrants, money orders, notes of indebtedness,
certificates of deposit, letters of credit, bills of credit or
debit cards, financial transaction authorization mechanisms,
marketable securities, or any computer system representations of
any of them. (b) As used in division (A)(10)
of this section, "trade secret" has the same meaning as in section 1333.61
of the Revised Code, and "telecommunications . service" and
"information
service" have the same
meanings as in section 2913.01 of the Revised Code. (c) As used in divisions (A)(10) and (13) of
this section, "cable television service," "computer," "computer
software," "computer system," "computer network," "data,"
and "telecommunications device" have the same
meanings as in section 2913.01 of the Revised Code. (11) "Law enforcement officer" means any of the following: (a) A sheriff, deputy sheriff, constable, police officer
of a township or joint township police district, marshal, deputy
marshal, municipal police officer, member of a police force
employed by a metropolitan housing authority under division (D)
of section 3735.31 of the Revised Code, or state highway patrol
trooper; (b) An officer, agent, or employee of the state or any of
its agencies, instrumentalities, or political subdivisions, upon
whom, by statute, a duty to conserve the peace or to enforce all
or certain laws is imposed and the authority to arrest violators
is conferred, within the limits of that statutory duty and
authority; (c) A mayor, in the mayor's capacity as chief conservator of the
peace within the mayor's municipal corporation; (d) A member of an auxiliary police force organized by
county, township, or municipal law enforcement authorities,
within the scope of the member's appointment or commission; (e) A person lawfully called pursuant to section 311.07 of
the Revised Code to aid a sheriff in keeping the peace, for the
purposes and during the time when the person is called; (f) A person appointed by a mayor pursuant to section
737.01 of the Revised Code as a special patrolling
officer during riot or emergency, for the purposes and during the time when
the person is appointed; (g) A member of the organized militia of this state or the
armed forces of the United States, lawfully called to duty to aid
civil authorities in keeping the peace or protect against
domestic violence; (h) A prosecuting attorney, assistant prosecuting
attorney, secret service officer, or municipal prosecutor; (i) An Ohio veterans' home police officer appointed under
section 5907.02 of the Revised Code; (j) A member of a police force employed by a regional
transit authority under division (Y) of section 306.35 of the Revised Code. (12) "Privilege" means an immunity, license, or right
conferred by law, bestowed by express or implied grant,
arising out of status, position, office, or relationship, or
growing out of necessity. (13) "Contraband" means any property described in the
following categories: (a) Property that in and of itself is unlawful for a
person to acquire or possess; (b) Property that is not in and of itself unlawful for a
person to acquire or possess, but that has been determined by a
court of this state, in accordance with law, to be contraband
because of its use in an unlawful activity or manner, of its
nature, or of the circumstances of the person who acquires or
possesses it, including, but not limited to, goods and personal
property described in division (D) of section 2913.34 of the Revised Code; (c) Property that is specifically stated to be contraband
by a section of the Revised Code or by an ordinance, regulation,
or resolution; (d) Property that is forfeitable pursuant to a section of
the Revised Code, or an ordinance, regulation, or resolution,
including, but not limited to, forfeitable firearms, dangerous
ordnance, obscene materials, and goods and personal
property described in division (D) of section 2913.34 of the Revised Code; (e) Any controlled substance, as defined in section
3719.01 of the Revised Code, or any device, paraphernalia, money
as defined in section 1301.01 of the Revised Code, or other means
of exchange that has been, is being, or is intended to be used in
an attempt or conspiracy to violate, or in a violation of,
Chapter 2925. or 3719. of the Revised Code; (f) Any gambling device, paraphernalia, money as defined
in section 1301.01 of the Revised Code, or other means of
exchange that has been, is being, or is intended to be used in an
attempt or conspiracy to violate, or in the violation of, Chapter
2915. of the Revised Code; (g) Any equipment, machine, device, apparatus, vehicle,
vessel, container, liquid, or substance that has been, is being,
or is intended to be used in an attempt or conspiracy to violate,
or in the violation of, any law of this state relating to alcohol
or tobacco; (h) Any personal property that has been, is being, or is
intended to be used in an attempt or conspiracy to commit, or in
the commission of, any offense or in the transportation of the
fruits of any offense; (i) Any property that is acquired through the sale or
other transfer of contraband or through the proceeds of
contraband, other than by a court or a law enforcement agency
acting within the scope of its duties; (j) Any computer, computer system, computer network,
computer software, or other telecommunications device that is
used in a conspiracy to commit, an
attempt to commit, or the commission of any offense, if the
owner of the computer, computer system, computer network, computer
software, or other telecommunications device is convicted of or
pleads guilty to the offense in which it is used. (14) A person is "not guilty by reason of insanity"
relative to a charge of an offense only if the person proves, in the
manner specified in section 2901.05 of the Revised Code, that at
the time of the commission of the offense, the person did not know, as a
result of a severe mental disease or defect, the wrongfulness of
the person's acts. (B)(1)(a) Subject to division (B)(2) of this section,
as used in any section contained in Title XXIX
of the Revised Code that sets forth a criminal offense,
"person" includes all of the following: (i) An individual, corporation, business trust, estate, trust,
partnership, and association; (ii) An unborn human who is viable. (b) As used in any section contained in Title
XXIX of the Revised Code that does not set forth a
criminal offense, "person" includes an individual, corporation, business
trust, estate, trust, partnership, and association. (c) As used in division (B)(1)(a) of this section: (i) "Unborn human" means an individual organism of the species
homo sapiens from fertilization until live birth. (ii) "Viable" means the stage of development of
a human fetus at which there is a realistic possibility of maintaining and
nourishing of a life outside the womb with or without temporary artificial
life-sustaining support. (2) Notwithstanding division (B)(1)(a) of this section, in no case
shall the portion of the definition of the term "person" that is set forth in
division (B)(1)(a)(ii) of this section be
applied or construed in any section contained in Title XXIX of the Revised
Code that sets forth a criminal offense in any of the following manners: (a) Except as otherwise provided in division (B)(2)(a) of this section, in a
manner so that the offense prohibits or is construed as
prohibiting any pregnant woman or her physician from performing an abortion
with the consent of the pregnant woman, with the consent of the pregnant
woman implied by law in a medical emergency, or with the approval of one
otherwise authorized by law to consent to medical treatment on behalf of the
pregnant woman. An abortion that violates the conditions described in the
immediately preceding sentence may be punished as a violation of section
2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.07, 2903.08,
2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 of the Revised Code,
as applicable. An abortion that does not violate the conditions
described in the second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 2919.15,
2919.17, or 2919.18 of the Revised Code, may be punished as a violation of
section 2919.12, division (B) of section 2919.13,
section 2919.15, 2919.17, or 2919.18 of the Revised Code, as
applicable. Consent is sufficient under this division if it is of the type
otherwise adequate to permit medical treatment to the pregnant woman, even if
it does not comply with section 2919.12 of the Revised Code. (b) In a manner so that the offense is applied or
is construed as applying to a woman based on an act or omission of the woman
that occurs while she is or was pregnant and that results in any of the
following: (i) Her delivery of a stillborn baby; (ii) Her causing, in any other manner, the death in
utero of a viable, unborn human that she is carrying; (iii) Her causing the death of her child who is born
alive but who dies from one or more injuries that are sustained while the
child is a viable, unborn human; (iv) Her causing her child who is born alive to
sustain one or more injuries while the child is a viable, unborn human; (v) Her causing, threatening to cause, or attempting
to cause, in any other manner, an injury, illness, or other physiological
impairment, regardless of its duration or gravity, or a mental illness or
condition, regardless of its duration or gravity, to a viable, unborn human
that she is carrying. (C) As used in
Title
XXIX of the
Revised
Code: (1) "School safety zone"
consists of a school, school building, school premises, school
activity, and school bus. (2) "School," "school building," and "school premises" have the same
meanings as in section 2925.01 of the Revised Code. (3) "School activity" means any activity held under the
auspices of a board of education of a city, local,
exempted village, joint vocational, or cooperative education
school district, a governing board of an educational service center,
or the governing body of a school for which the
state board of education prescribes minimum standards under
section 3301.07 of the Revised
Code. (4) "School bus" has the same meaning as in section
4511.01 of the Revised
Code. Sec. 2903.13. (A) No person shall knowingly cause or
attempt to cause physical harm to another or to another's unborn. (B) No person shall recklessly cause serious physical harm
to another or to another's unborn. (C) Whoever violates this section is guilty of assault.
Except as otherwise provided in division (C)(1), (2), or (3) of
this section, assault is a
misdemeanor of the first degree. (1) Except as otherwise provided in this division, if the
offense is committed by a caretaker against a
functionally impaired person under the caretaker's care, assault is
a felony
of the fourth degree. If the offense is committed by a caretaker
against a functionally impaired person under the caretaker's care,
if the
offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2903.11 or 2903.16 of the
Revised Code, and if in relation to the previous conviction the
offender was a caretaker and the victim was a functionally
impaired person under the offender's care, assault is a felony of
the third degree. (2) If the offense is committed in any of the following
circumstances, assault is a felony of the fifth degree: (a) The offense occurs in or on the grounds of a state
correctional institution or an institution of the department of
youth services, the victim of the offense is an employee of the
department of rehabilitation and correction, the department of
youth services, or a probation department or is on the premises
of the particular institution for business purposes or as a
visitor, and the offense is committed by a person incarcerated in
the state correctional institution, by a person institutionalized in
the department of youth services institution pursuant to a
commitment to the department of youth services, by a
probationer or parolee, by an offender under transitional
control, under
a community control sanction, or on an escorted visit, by a person under
post-release control,
or by an
offender under any other type of supervision by a government
agency;. (b) The offense occurs in or on the grounds of a local
correctional facility, the victim of the offense is an employee
of the local correctional facility or a probation department or
is on the premises of the facility for business purposes or as a
visitor, and the offense is committed by a person who is under
custody in the facility subsequent to the person's arrest for any
crime or
delinquent act, subsequent to the person's being charged with or
convicted
of any crime, or subsequent to the person's being alleged to be or
adjudicated a delinquent child. (c) The offense occurs off the grounds of a state
correctional institution and off the grounds of an institution of
the department of youth services, the victim of the offense is an
employee of the department of rehabilitation and correction, the
department of youth services, or a probation department, the
offense occurs during the employee's official work hours and
while the employee is engaged in official work responsibilities, and
the
offense is committed by a person incarcerated in a state
correctional institution or institutionalized in the department
of youth services who temporarily is outside of the institution
for any purpose, by a probationer or parolee,
by an offender under transitional control, under a
community control sanction, or on an escorted visit, by a person under
post-release control, or by an offender under any other type of supervision by
a government agency. (d) The offense occurs off the grounds of a local
correctional facility, the victim of the offense is an employee
of the local correctional facility or a probation department, the
offense occurs during the employee's official work hours and
while the employee is engaged in official work responsibilities, and
the offense is committed by a person who is under custody in the
facility subsequent to the person's arrest for any crime or delinquent
act, subsequent to the person being charged with or convicted of any
crime, or subsequent to the person being alleged to be or
adjudicated a
delinquent child and who temporarily is outside of the facility
for any purpose or by a probationer or parolee, by an offender under
transitional control, under a community
control sanction, or on an escorted visit, by a person under post-release
control, or by an offender under any other type of supervision by a government
agency. (e) The victim of the offense is a school teacher or administrator or a
school bus operator, and the offense occurs in a school, on
school premises, in a school
building, on a school bus, or while the victim is outside of school premises
or a school bus and is ingaged engaged in duties or official
responsibilities
associated with the victim's employement employment or position
as a school teacher or
administrator or a school bus operator, including, but not limited to,
driving, accompanying, or chaperoning students at or on class or field trips,
athletic events, or other school extracurricular activities or functions
outide outside of school premises. (3) If the victim of the offense is a peace officer, a
fire fighter firefighter, or a person performing emergency
medical service,
while in the performance of their official duties, assault is a
felony of the fourth degree. (4) As used in this section: (a) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code. (b) "Fire fighter firefighter" has the same meaning as in
section
3937.41 of the Revised Code. (c) "Emergency medical service" has the same meaning as in
section 4765.01 of the Revised Code. (d) "Local correctional facility" means a county,
multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, a minimum security
jail established under section 341.23 or 753.21 of
the Revised Code, or another county, multicounty, municipal,
municipal-county, or multicounty-municipal facility used for the
custody of persons arrested for any crime or delinquent act,
persons charged with or convicted of any crime, or persons
alleged to be or adjudicated a delinquent child. (e) "Employee of a local correctional facility" means a
person who is an employee of the political subdivision or of one
or more of the affiliated political subdivisions that operates
the local correctional facility and who operates or assists in
the operation of the facility. (f) "School," "school building," and "school premises" have the same
meanings
as in section 2925.01 of the Revised Code. (g) "School teacher or administrator" means either of the following:
(i) A person who is employed in the public schools of the state under a
contract described in section 3319.08 of the Revised Code in a position in
which the person is required to have a certificate issued pursuant to sections
3319.22 to 3319.311 of the Revised Code. (ii) A person who is employed by a nonpublic school for which the state board
of education prescribes minimum standards under section 3301.07 of the Revised
Code and who is certificated in accordance with section 3301.071 of the
Revised Code. (h) "School bus" has the same meaning as in section 4511.01 of the Revised
Code.
(i)(g) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(j)(h) "Escorted visit" means an escorted visit granted under
section 2967.27 of the Revised Code.
(k)(i) "Post-release control" and "transitional control" have
the
same meanings as in section 2967.01 of the Revised Code.
Sec. 2917.11. (A) No person shall recklessly cause
inconvenience, annoyance, or alarm to another, by doing any of
the following: (1) Engaging in fighting, in threatening harm to persons
or property, or in violent or turbulent behavior; (2) Making unreasonable noise or an offensively coarse
utterance, gesture, or display, or communicating unwarranted and
grossly abusive language to any person; (3) Insulting, taunting, or challenging another, under
circumstances in which such conduct is likely to provoke a
violent response; (4) Hindering or preventing the movement of persons on a
public street, road, highway, or right-of-way, or to, from,
within, or upon public or private property, so as to interfere
with the rights of others, and by any act that serves no
lawful and reasonable purpose of the offender; (5) Creating a condition that is physically offensive to
persons or that presents a risk of physical harm to
persons or property, by any act that serves no lawful and
reasonable purpose of the offender. (B) No person, while voluntarily intoxicated, shall do
either of the following: (1) In a public place or in the presence of two or more
persons, engage in conduct likely to be offensive or to cause
inconvenience, annoyance, or alarm to persons of ordinary
sensibilities, which conduct the offender, if the offender
were not
intoxicated, should know is likely to have that effect on
others; (2) Engage in conduct or create a condition that presents
a risk of physical harm to the offender or another, or
to the property of another. (C) Violation of any statute or ordinance of which an
element is operating a motor vehicle, locomotive, watercraft,
aircraft, or other vehicle while under the influence of alcohol
or any drug of abuse, is not a violation of division (B) of this
section. (D) When to an ordinary observer a person appears to be
intoxicated, it is probable cause to believe that person is
voluntarily intoxicated for purposes of division (B) of this
section. (E) Whoever violates this section is guilty of disorderly
conduct. Except as otherwise provided in this division,
disorderly conduct is a minor misdemeanor.
If the offender persists in disorderly conduct after reasonable warning or
request to desist or if the offense is committed in the vicinity of a
school or in a school safety zone,
disorderly conduct is a misdemeanor of the fourth degree. (F) As used in this section, "committed in the vicinity of a school" has
the
same meaning as in section 2925.01 of the Revised Code. Sec. 2923.122. (A) No person shall knowingly convey, or
attempt to convey, a deadly weapon or dangerous ordnance
onto school premises, into a school
or school building, to a school activity, or onto a school bus
safety zone. (B) No person shall knowingly possess a deadly weapon or
dangerous ordnance on school premises, in a school or school
building, at a
school activity, or on a school bus safety zone. (C) No person shall knowingly possess an object
on school
premises, in a school or school building, at a school activity, or on a
school
bus safety zone if both of the following apply: (1) The object is indistinguishable from a firearm, whether or not the
object is capable of being fired. (2) The person indicates
that the person possesses the object and that it is a firearm, or the person
knowingly displays or brandishes the object and indicates that it is a
firearm. (D) This section does not apply to officers, agents, or
employees of this or any other state or the United States, or to
law enforcement officers, authorized to carry deadly weapons or
dangerous ordnance and acting within the scope of their duties,
to any security officer employed by a board of education or
governing body of a school during the time that the security
officer is on duty pursuant to that contract of employment, or to
any other person who has written authorization from the board of
education or governing body of a school to convey deadly weapons
or dangerous ordnance onto school premises, into a school
or school building, to a school activity, or onto a school bus
safety zone or to
possess a deadly weapon or dangerous ordnance on school premises, in a
school or school building, at a school activity, or on a school bus
safety zone and
who conveys or possesses the deadly weapon or dangerous ordnance in accordance
with that authorization. Division (C) of this section does not apply to
premises upon which home schooling is conducted. Division (C) of
this section also does not apply to a school administrator, teacher, or
employee who possesses an object that is indistinguishable from a firearm for
legitimate school purposes during the course of employment, a student who uses
an object that is indistinguishable from a firearm under the direction of a
school administrator, teacher, or employee, or any other person who with the
express prior approval of a school administrator possesses
an object that is indistinguishable from a firearm for a legitimate purpose,
including the use of the object in a ceremonial activity, a play, reenactment,
or other dramatic presentation, or a ROTC activity or another similar
use of the object. (E)(1) Whoever violates division (A)
or (B) of this section is guilty of illegal
conveyance or possession of a deadly weapon or
dangerous ordnance
on in a school premises safety zone.
Except as otherwise provided in this division, illegal conveyance or
possession of a deadly weapon or dangerous
ordnance on in a school
premises safety zone is a felony of the fifth degree. If the
offender
previously has been convicted of a violation of this section,
illegal conveyance or possession of a deadly
weapon or dangerous
ordnance on in a school premises safety zone is a
felony of the fourth degree. (2) Whoever violates division (C) of this section is
guilty of illegal possession of an object indistinguishable from a firearm
on in a
school
premises safety zone. Except as otherwise provided in this
division, illegal possession
of an object indistinguishable from a firearm on in a school
premises safety zone is a misdemeanor of the first degree. If
the offender previously has
been convicted of a violation of this section, illegal possession of an object
indistinguishable from a firearm on in a school premises
safety zone is a felony of the fifth
degree. (E)(F)(1) In addition to any other penalty imposed upon a
person who
is convicted of or pleads guilty to a violation
of
this section and subject to division (E)(F)(2) of this
section, if the
offender has not attained nineteen years of age, regardless of whether the
offender is attending or is enrolled in a school operated by a board of
education or for which the state board of education prescribes minimum
standards under section 3301.07 of the Revised Code, the
court shall impose upon the offender whichever of the following penalties
applies:
(a) If the offender has been issued a probationary driver's
license, restricted license, driver's license, or probationary commercial
driver's license that then is in effect, the court
shall suspend for a period of
not less than twelve months and not more than thirty-six months that license
of the offender. (b) If the offender has been issued a temporary instruction
permit that then is in effect, the court
shall revoke it and deny the offender the issuance of
another temporary instruction permit, and the period of denial shall be for
not less than twelve months and not more than thirty-six months. (c) If the offender has
been issued a commercial driver's license temporary instruction permit that
then is in effect, the
court shall suspend the offender's driver's license, revoke the commercial
driver's license temporary instruction permit, and deny the offender the
issuance of
another commercial driver's license temporary instruction permit, and the
period of suspension plus the period of denial shall total not less than
twelve months and not more than thirty-six months. (d) If, on the date the court imposes sentence upon the offender
for a
violation of this section,
the offender has not
been issued any type of license that then is in effect to operate a motor
vehicle in this state or a
temporary instruction permit that then is in effect, the court shall deny
the offender the issuance of a temporary instruction permit for a
period of not less than twelve months and not more than thirty-six months. (e) If the offender is not a resident of this state, the court
shall suspend for a period of not less than twelve months and not more than
thirty-six months the nonresident operating privilege of the offender. (2) If the offender shows good cause why the court should not suspend or
revoke one of the types of licenses, permits, or privileges specified
in
division
(E)(F)(1) of this section or deny the issuance of one of the
temporary
instruction permits specified in that division, the court in its discretion
may choose not to impose the suspension, revocation, or denial required in
that division. (F)(G) As used in this section:
(1) "School," "school building," and "school premises" have the same
meanings as in section 2925.01 of the Revised Code.
(2) "School activity" means any activity held under the auspices of a
board of education of a city, local, county, exempted village, joint
vocational, or cooperative education school district or the governing body of
a school for which the state board of education prescribes minimum standards
under section 3301.07 of the Revised Code.
(3) "School bus" has the same meaning as in section 4511.01 of the Revised
Code.
(4) "Object, "object that is indistinguishable
from a
firearm" means an object
made, constructed, or altered so that, to a reasonable person without
specialized training in firearms, the object appears to be a firearm.
Sec. 2923.161. (A) No person, without privilege to do so,
shall knowingly discharge do either of the following: (1) Discharge a firearm at or into an occupied
structure that is a permanent or temporary habitation of any
individual or; (2) Discharge a firearm at, in, or into a school safety zone. (B) This section does not apply to any officer, agent, or
employee of this or any other state or the United States, or to
any law enforcement officer, who discharges the firearm while
acting within the scope of the officer's, agent's, or employee's duties. (C) Whoever violates this section is guilty of improperly
discharging a firearm at or into a habitation or in a school safety
zone, a
felony of the second degree. (D) As used in this section, "occupied structure" has the
same meaning as in section 2909.01 of the Revised Code. Sec. 2929.14. (A) Except as provided in
division (C), (D)(2), (D)(3), (D)(4), or (G) of this
section and except in relation to an offense for which a sentence
of death or life imprisonment is to be imposed, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender pursuant to this
chapter and is not prohibited by division (G)(1) of section 2929.13 of the
Revised Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall
be one of the following: (1) For a felony of the first degree, the prison term
shall be three, four, five, six, seven, eight, nine, or ten
years. (2) For a felony of the second degree, the prison term
shall be two, three, four, five, six, seven, or eight years. (3) For a felony of the third degree, the prison term
shall be one, two, three, four, or five years. (4) For a felony of the fourth degree, the prison term
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months. (5) For a felony of the fifth degree, the prison term
shall be six, seven, eight, nine, ten, eleven,
or twelve months. (B) Except as provided in division (C),
(D)(2), (D)(3), or (G) of this section, in section 2907.02
of the Revised Code, or in Chapter
2925. of the Revised Code, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender and if the
offender previously has not served a prison term, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless the
court finds on the record that the shortest prison term will
demean the seriousness of the offender's conduct or will not
adequately protect the public from future crime by the offender
or others. (C) Except as provided in division (G) of this section or in Chapter 2925. of
the Revised Code, the court imposing a sentence upon an
offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of
this section only upon offenders who committed the worst forms of
the offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat
violent offenders in accordance with division (D)(2) of
this section. (D)(1)(a)(i) Except as provided in division (D)(1)(b) of this section, if
an offender who is convicted of or pleads guilty to a felony also
is convicted of or pleads guilty to a specification of the type
described in section 2941.144 of the
Revised Code
that charges the offender with having a firearm that is an automatic firearm
or that was equipped with a firearm muffler or silencer on or about the
offender's person or
under the offender's control while committing the felony, a specification of
the type described in section 2941.145 of the Revised
Code that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing the offense
and displaying
the firearm, brandishing
the firearm, indicating that the offender possessed the firearm, or
using it to facilitate the offense,
or a specification of the type described in section 2941.141 of the Revised
Code
that charges the offender with having a firearm on or about the offender's
person or under the offender's control while committing the felony, the
court, after imposing a prison term on the
offender for the felony under division (A),
(D)(2), or (D)(3) of this section, shall impose
an additional prison term, determined pursuant to this division,
that shall not be reduced pursuant to section 2929.20, section 2967.193, or
any other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. If the specification is of the type described in
section 2941.144 of the Revised Code, the
additional prison term shall be six years. If the
specification
is of the type described in section 2941.145 of the
Revised Code, the
additional prison term shall be three years. If the specification is of the
type described in section 2941.141 of the Revised Code, the additional prison term shall be
one year. A court shall not
impose more than one additional prison term on an offender under
this division for felonies committed as part of
the same act or transaction. If a court imposes an additional prison
term under division (D)(1)(a)(ii) of this section, the court is not precluded
from imposing an additional prison term under this division. (ii) Except as provided in division (D)(1)(b)
of this section, if an offender who is convicted of or pleads
guilty to a violation of section 2923.161 of the
Revised
Code or to a felony that includes,
as an essential element, purposely or knowingly causing or
attempting to cause the death of or physical harm to another,
also is convicted of or pleads guilty to a specification of the
type described in section 2941.146 of the
Revised
Code that charges the offender
with committing the offense by discharging a firearm from a
motor vehicle, as defined in section 4501.01 of the
Revised
Code, other than a manufactured
home, as defined in section 4501.01 of the
Revised
Code, the court, after imposing
a prison term on the offender for the violation of section
2923.161 of the Revised
Code or for the other felony
offense under division (A), (D)(2), or (D)(3) of this section, shall
impose an additional prison term of five years upon the offender
that shall not be reduced pursuant to section 2929.20, section 2967.193, or
any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. A
court shall not impose
more than one additional prison term on an offender under this
division for felonies committed as part of the same
act or transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court also shall
impose an additional prison term under division (D)(1)(a)(i) of this section
relative to the same offense, provided the criteria specified in that division
for imposing an additional prison term are satisfied relative to the offender
and the offense. (b) The court shall not impose any of the additional
prison terms described in division
(D)(1)(a)
of this section upon an offender for a violation of section
2923.12 or 2923.123 of the Revised Code. The court shall not
impose any of the additional prison terms described in that division
upon an offender for a violation of section 2923.13 of the
Revised Code unless all of the following apply: (i) The offender previously has been convicted
of aggravated murder, murder, or any felony of the first or
second degree. (ii) Less than five years have passed since the
offender was released from prison or post-release control,
whichever is later, for the prior offense. (2)(a) If an offender who is
convicted of or pleads guilty to a felony also is convicted of or pleads
guilty to a
specification of the type described in section 2941.149 of the Revised Code that the
offender is a repeat
violent offender, the court shall
impose a prison term from the range of terms authorized for the offense
under division (A) of this section
that may be the longest term in the range and that shall not be reduced
pursuant to section 2929.20, section 2967.193, or
any other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. If the court finds that the
repeat violent offender, in committing the offense, caused any
physical harm that carried a substantial risk of death to a
person or that involved substantial permanent incapacity or
substantial permanent disfigurement of a person,
the court shall impose the longest prison term from the range of terms
authorized for the
offense under division (A) of this section. (b) If the court imposing a prison term on a
repeat violent offender imposes the longest prison term
from the range of terms authorized for the offense under division
(A) of this section, the court may impose on the offender
an additional definite prison term of one, two, three, four,
five, six, seven, eight, nine, or ten years if the court finds
that both of the following apply with respect to the prison terms
imposed on the offender pursuant to division
(D)(2)(a) of this section and, if
applicable, divisions (D)(1) and (3) of this section: (i) The terms so imposed are inadequate to
punish the offender and protect the public from future crime,
because the applicable factors
under
section 2929.12
of the Revised Code indicating a greater
likelihood of recidivism outweigh
the applicable factors under that section indicating a lesser likelihood of
recidivism. (ii) The terms so imposed are demeaning to the
seriousness of the offense, because one or more of the factors
under section 2929.12 of the Revised Code
indicating that the offender's conduct is more serious than conduct normally
constituting the offense are present, and they outweigh the applicable
factors under that section indicating that the offender's
conduct is
less serious than conduct normally constituting the offense. (3)(a) Except when an offender commits a
violation of section 2903.01 or 2907.02 of the
Revised Code and the penalty imposed for the
violation is life imprisonment or commits a violation of section
2903.02 of the Revised Code, if the offender
commits a violation of section 2925.03, 2925.04, or 2925.11 of
the Revised Code and that section requires the
imposition of a ten-year prison term on the offender or if a
court imposing a sentence upon an offender for a felony finds
that the offender is guilty of a specification of the type
described in section 2941.1410 of the Revised Code, that the offender is a
major drug offender, is guilty
of corrupt activity with the most serious offense in the pattern
of corrupt activity being a felony of the first degree, or is guilty of
an attempted forcible violation of section 2907.02 of the Revised Code with
the victim being under
thirteen years of age and that attempted violation is the felony
for which sentence is being imposed, the court shall impose upon
the offender for the felony violation a ten-year prison term that
cannot be reduced pursuant to section 2929.20 or Chapter
2967. or 5120. of the Revised Code. (b) The court imposing a prison term on an
offender under division (D)(3)(a) of this
section may impose an additional prison term of one, two, three,
four, five, six, seven, eight, nine, or ten years, if the court,
with respect to the term imposed under division
(D)(3)(a) of this section and, if
applicable, divisions (D)(1) and (2) of this section,
makes both of the findings set forth in divisions
(D)(2)(b)(i) and (ii) of this section. (4) If the offender is being sentenced for a fourth degree felony
OMVI
offense and if division (G)(2) of section 2929.13 of the Revised Code requires
the sentencing court to impose upon the offender a mandatory prison term, the
sentencing court shall impose upon the offender a mandatory prison term in
accordance with that division. In addition to the mandatory prison term, the
sentencing court may sentence the offender to an additional prison term of any
duration specified in division (A)(4) of this section minus the sixty days
imposed upon the offender as the mandatory prison term. The total of the
additional prison term imposed under division (D)(4) of this section
plus the sixty days imposed as the mandatory prison term shall equal one of
the authorized prison terms specified in division (A)(4) of this section. If
the court imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after the
offender has served the mandatory prison term required for the offense. The
court shall not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. (E)(1) If a mandatory prison term is imposed
upon an offender pursuant to division (D)(1)(a) of this
section for having a firearm on or about the offender's person or under the
offender's
control while committing a felony or if a mandatory prison term is imposed
upon an offender pursuant to division (D)(1)(b) of
this section for committing a felony specified in that division by discharging
a firearm from a motor vehicle, the offender shall serve
the mandatory prison term consecutively to and prior to the prison term
imposed for the underlying felony pursuant to division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code and consecutively to any other prison term
or
mandatory prison term previously or subsequently imposed upon the
offender. (2) If an offender who is an inmate in a jail, prison,
or other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an offender who is an
inmate in a jail, prison, or other residential detention facility or is under
detention at a detention facility commits another felony while the offender is
an
escapee in violation of
section 2921.34 of the Revised Code, any prison
term imposed upon the offender for one of those violations
shall be served by the offender consecutively to the prison term or term of
imprisonment the offender
was serving when the offender committed that offense and to any other prison
term previously or subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same meanings as in
section 2921.01 of the Revised Code. (3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code, the offender shall serve that prison term consecutively to any
other prison term. (4) If multiple prison terms are imposed on an offender
for convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness of the
offender's conduct and to the danger the offender
poses to the public, and if the court also finds any
of the following: (a) The offender committed the multiple
offenses while the offender was awaiting trial or sentencing, was
under a sanction imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the Revised Code, or was under
post-release control for a prior offense. (b) The harm caused by the multiple offenses
was so great or unusual that no single prison term for any of the
offenses committed as part of a single course of conduct
adequately reflects the seriousness of the offender's conduct. (c) The offender's history of criminal conduct
demonstrates that consecutive sentences are necessary to protect
the public from future crime by the offender. (5) When consecutive prison terms are imposed pursuant
to division (E)(1), (2), (3), or (4) of this
section, the term to be served is the aggregate of all of the terms so
imposed. (F) If a court imposes a prison term of a type
described in division (B) of section 2967.28 of the
Revised Code, it shall include in the sentence a
requirement that the offender be subject to a period of
post-release control after the offender's release from imprisonment, in
accordance with that division. If a court imposes a prison term
of a type described in division (C) of that section, it
shall include in the sentence a requirement that the offender be
subject to a period of post-release control after the offender's release
from imprisonment, in accordance with that division, if the
parole board determines that a period of post-release control is
necessary. (G) If a person is convicted of or pleads guilty to a sexually violent
offense and 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 that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of the Revised
Code, and Chapter 2971. of the Revised Code applies regarding the prison term
or term of life imprisonment without parole imposed upon the offender and the
service of that term of imprisonment. (H) If a person who has been convicted of or pleaded guilty to a felony is
sentenced to a prison term or term of imprisonment under this section,
sections 2929.02 to 2929.06 of the Revised Code, section 2971.03 of the
Revised Code, or any other provision of law, section 5120.163 of the Revised
Code applies regarding the person while the person is confined in a state
correctional institution. (I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence
also is convicted of or pleads guilty to a specification of the
type described in section 2941.142 of the
Revised Code that charges the offender with having committed
the felony while participating in a criminal gang, the court shall impose upon
the offender an additional prison term of one, two, or three years. (J) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a
felony of the first, second, or third degree that is an
offense of violence also is convicted of or pleads guilty to a
specification of the type described in section 2941.143 of the
Revised
Code that charges the offender
with having committed the offense in a school safety
zone or towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The offender shall
serve the additional two years consecutively to and prior to the prison term
imposed for the underlying offense. Sec. 2941.143. Imposition of a
sentence by a court pursuant to division
(J) of section 2929.14 of the
Revised Code is precluded unless the indictment, count in
the indictment, or
information charging aggravated murder, murder, or a felony of the first,
second, or third degree that is
an offense of violence specifies that
the
offender committed the offense in a school safety
zone or towards a person in a school safty zone. The specification shall be
stated at the end of the body
of the indictment, count, or information and shall be in
substantially the following form: "SPECIFICATION (or, SPECIFICATION TO THE
FIRST COUNT). The grand
jurors (or insert the person's or the prosecuting attorney's
name when appropriate) further find and specify that (set forth
that the offender committed aggravated murder, murder, or the felony of the
first, second, or third degree
that is an offense of violence in a school
safety zone or towards a person in a school safety zone)." Sec. 3313.536. The board of education of each city,
exempted village, and local school district shall adopt a
comprehensive school safety plan for each school building under
the board's control. The board shall examine the environmental
conditions and operations of each building to determine
potential hazards to student and staff safety and shall propose
operating changes to promote the prevention of potentially
dangerous problems and circumstances. In developing the plan
for each building, the board shall involve
community law enforcement and safety officials, parents of
students who are assigned to the building, and teachers and
nonteaching employees who are assigned to the building.
The board shall consider
incorporating remediation strategies into the plan for any
building where documented safety problems have occurred. The board shall incorporate into the plan both of the
following: (A) a protocol for
addressing serious threats to the safety of school property,
students, employees, or administrators; (B) A protocol for
responding to any emergency events that do occur and that
compromise the safety of school property, students, employees, or
administrators. Each protocol shall include procedures deemed appropriate
by the board for responding to threats and emergency events,
respectively, including such things as notification of
appropriate law enforcement personnel, calling upon specified
emergency response personnel for assistance, and informing
parents of affected students. Sec. 3313.613. Notwithstanding (A) Except as provided in
division (B) of this section, and notwithstanding any other
section of the
Revised Code, the board of education of any city, exempted village, or local
school district that operates a high school shall award high school credit for
a course successfully completed outside of regular school hours by a student
at an accredited post-secondary institution. Such course
may either be free of charge or paid for by the parent, guardian, or
custodian of the student. High school credit awarded for a course
successfully completed under this section shall count toward the graduation
requirements and subject area requirements of the school district. If a
course comparable to the course successfully completed under this section is
offered by the school district, the district board shall award comparable
credit for the completed equivalent course. If no comparable course is
offered by the school district, the district board shall grant to the student
an appropriate number of credits in a similar subject area. (B) The board of education of a city, local, or exempted village
school district may adopt a policy under which it may deny high school credit
under this section and Chapter 3365. of the Revised
Code for post-secondary courses any
portion of which were taken during the period of an expulsion
imposed by the district's superintendent under division (B) of
section 3313.66 of the Revised Code or
extended under division (F)
of that section. Sec. 3313.66. (A) Except as provided under division
(B)(2) of this section, the superintendent of schools of a
city, exempted village, or local school district, or the
principal of a public school may suspend a pupil from school for
not more than ten school days. The board of
education of a city, exempted village, or local school district
may adopt a policy granting assistant principals and other
administrators the authority to suspend a pupil from school for
a period of time as specified in the policy of the board of
education, not to exceed ten school days. If at the time a
suspension is
imposed there are fewer than ten school days remaining in the
school year in which the incident that gives rise to the
suspension takes place, the superintendent may apply any
remaining part or all of the period of the suspension to the
following school year. No Except in the case of a pupil given an
in-school suspension, no pupil shall be suspended unless prior
to the suspension such superintendent or principal does both of
the following: (1) Gives the pupil written notice of the intention to
suspend him the pupil and the reasons for the intended
suspension and, if
the proposed suspension is based on a violation listed in
division (A) of section 3313.662 of the Revised Code and if the
pupil is sixteen years of age or older, includes in the notice a
statement that the superintendent may seek to permanently exclude
the pupil if he the pupil is convicted of or adjudicated a
delinquent child
for that violation; (2) Provides the pupil an opportunity to appear at an
informal hearing before the principal, assistant principal,
superintendent, or superintendent's designee and challenge the
reason for the intended suspension or otherwise to explain his the
pupil's actions. (B)(1) Except as provided under division (B)(2) or, (3),
or (4) of this section, the
superintendent of schools of a city, exempted village, or local school
district may expel a pupil from school
for a period not to exceed the greater of eighty school days or
the number of school days remaining in the semester or term in
which the incident that gives rise to the expulsion takes place,
unless the expulsion is extended pursuant to division (F) of this
section. If at the time an expulsion is imposed there are fewer
than eighty school days remaining in the school year in which the
incident that gives rise to the expulsion takes place, the
superintendent may apply any remaining part or all of the period
of the expulsion to the following school year. (2)(a) Unless a pupil is permanently excluded pursuant to section
3313.662 of the Revised Code, the superintendent of schools of a city,
exempted village, or
local school district shall expel a pupil from school for a period of one year
for bringing a firearm to a school operated by the board of education of the
district or on to onto any other property owned or
controlled by the
board, except
that the superintendent may reduce this requirement on a case-by-case basis in
accordance with the policy adopted by the board under section 3313.661 of the
Revised Code.
Any such (b) The superintendent of schools of a city, exempted village, or
local school district may expel a pupil from school for a period of one year
for bringing a firearm to
an interscholastic competition, an extracurricular event, or any
other school program or activity
that is not located in a school or on
property that is owned or controlled by the district. The superintendent may
reduce this disciplinary action on a case-by-case basis in accordance with the
policy adopted by the board under section 3313.661 of the Revised Code. (c) Any expulsion pursuant to division (B)(2) of
this section shall extend, as necessary, into the
school year
following
the school year in which the incident that gives rise to the expulsion takes
place. As used in this division, "firearm" has the same meaning as provided
pursuant to the "Gun-Free Schools Act of
1994," 108 Stat. 270, 20 U.S.C.
8001(a)(2). (3) The board of education of
a city, exempted village, or local school district may adopt a
resolution authorizing the superintendent of schools to expel a
pupil from school for a period not to exceed one year for
bringing a knife to a school operated by the board or, onto any
other property owned or controlled by the board,
or to an interscholastic competition, an extracurricular event, or any
other program or activity sponsored by the school district or in which
the district is a participant, or for possessing a
firearm
or knife at a school or, on any other property owned or
controlled by the board, or at
an interscholastic competition, an extracurricular event, or any
other school program or activity,
which firearm or knife was initially brought onto school board property by
another person. The resolution
may authorize the superintendent to extend such an expulsion, as
necessary, into the school year following the school year in
which the incident that gives rise to the expulsion takes place. (4) The board of education of
a city, exempted village, or local school district may adopt a
resolution establishing a policy under section 3313.661 of the
Revised Code that authorizes the superintendent of schools
to expel a
pupil from school for a period not to exceed one year for
committing an act that is a criminal offense when committed by
an adult and that results in serious physical harm to persons as
defined in division (A)(5) of
section 2901.01 of the Revised
Code or serious physical harm
to property as defined in division
(A)(6) of section 2901.01 of
the Revised
Code while the pupil is at
school, on any other property owned or controlled by the
board, or at
an interscholastic competition, an extracurricular event, or any
other school program or activity. Any
expulsion under this division shall extend,
as necessary, into the school year following the
school year in which the incident that gives rise to the
expulsion takes place. (5) No pupil shall be expelled under division (B)(1), (2), or
(3), or (4)
of this section unless, prior to his the pupil's expulsion, the
superintendent does both of the following: (a) Gives the pupil and his the pupil's parent, guardian, or
custodian
written notice of the intention to expel the pupil; (b) Provides the pupil and his the pupil's parent, guardian,
custodian, or representative an opportunity to appear in person
before the superintendent or his the superintendent's designee
to challenge the reasons for the intended expulsion or otherwise to explain
the pupil's actions. The notice required in this division shall include the
reasons for the intended expulsion, notification of the
opportunity of the pupil and his the pupil's parent, guardian,
custodian, or
representative to appear before the superintendent or his the
superintendent's designee to challenge the reasons for the intended
expulsion or
otherwise to explain the pupil's action, and notification of the
time and place to appear. The time to appear shall not be
earlier than three nor later than five school days after the
notice is given, unless the superintendent grants an extension of
time at the request of the pupil or his the pupil's parent,
guardian, custodian, or representative. If an extension is granted after
giving the original notice, the superintendent shall notify the
pupil and his the pupil's parent, guardian, custodian, or
representative of
the new time and place to appear. If the proposed expulsion is
based on a violation listed in division (A) of section 3313.662
of the Revised Code and if the pupil is sixteen years of age or
older, the notice shall include a statement that the
superintendent may seek to permanently exclude the pupil if he the
pupil is convicted of or adjudicated a delinquent child for that
violation. (6) A superintendent of schools of a city, exempted village, or
local school district shall initiate expulsion proceedings pursuant to this
section with respect to any pupil who has committed an act warranting
expulsion under the district's policy regarding expulsion even if the pupil
has
withdrawn from school for any reason after the incident that gives rise to the
hearing but prior to the hearing or decision to impose the expulsion. If,
following the hearing, the pupil would have been expelled for a period of time
had the pupil still been enrolled in the school, the expulsion shall be
imposed
for the same length of time as on a pupil who has not withdrawn from the
school. (C) If a pupil's presence poses a continuing danger to
persons or property or an ongoing threat of disrupting the
academic process taking place either within a classroom or
elsewhere on the school premises, the superintendent or a
principal or assistant principal may remove a pupil from
curricular or extracurricular activities or from the school
premises, and a teacher may remove a pupil from curricular or
extracurricular activities under his the teacher's
supervision,
without the notice and hearing requirements of division (A) or (B) of this
section. As soon as practicable after making such a removal, the
teacher shall submit in writing to the principal the reasons for
such removal. If a pupil is removed under this division from a curricular
or extracurricular activity or from the school premises, written
notice of the hearing and of the reason for the removal shall be
given to the pupil as soon as practicable prior to the hearing,
which shall be held within three school days from the time the
initial removal is ordered. The hearing shall be held in
accordance with division (A) of this section unless it is
probable that the pupil may be subject to expulsion, in which
case a hearing in accordance with division (B) of this section
shall be held, except that the hearing shall be held within three
school days of the initial removal. The individual who ordered,
caused, or requested the removal to be made shall be present at
the hearing. If the superintendent or the principal reinstates a pupil
in a curricular or extracurricular activity under the teacher's
supervision prior to the hearing following a removal under this
division, the teacher, upon request, shall be given in writing
the reasons for such reinstatement. (D) The superintendent or principal, within one school day
after the time of a pupil's expulsion or suspension, shall notify
in writing the parent, guardian, or custodian of the pupil and
the treasurer of the board of education of the expulsion or
suspension. The notice shall include the reasons for the
expulsion or suspension, notification of the right of the pupil
or his the pupil's parent, guardian, or custodian to appeal the
expulsion or suspension to the board of education or to its designee, to be
represented in all appeal proceedings, to be granted a hearing
before the board or its designee in order to be heard against the
suspension or expulsion, and to request that the hearing be held
in executive session, notification that the expulsion may be
subject to extension pursuant to division (F) of this section if
the pupil is sixteen years of age or older, and notification that
the superintendent may seek the pupil's permanent exclusion if
the suspension or expulsion was based on a violation listed in
division (A) of section 3313.662 of the Revised Code that was
committed when the child was sixteen years of age or older and if
the pupil is convicted of or adjudicated a delinquent child for
that violation. Any superintendent expelling a pupil under this section for
more than twenty school days or for any period of time if the
expulsion will extend into the following semester or school year
shall, in the notice required under this division, provide the
pupil and his the pupil's parent, guardian, or custodian with
information
about services or programs offered by public and private agencies
that work toward improving those aspects of the pupil's attitudes
and behavior that contributed to the incident that gave rise to
the pupil's expulsion. The information shall include the names,
addresses, and phone numbers of the appropriate public and
private agencies. (E) A pupil or his the pupil's parent, guardian, or custodian
may appeal his the pupil's expulsion by a superintendent
or suspension by a
superintendent or,
principal, assistant principal, or other administrator to the
board of education or to its designee. The
pupil or his the pupil's parent, guardian, or custodian may be
represented in
all appeal proceedings and shall be granted a hearing before the
board or its designee in order to be heard against the suspension
or expulsion. At the request of the pupil or of his the pupil's
parent, guardian, custodian, or attorney, the board or its designee may
hold the hearing in executive session but shall act upon the
suspension or expulsion only at a public meeting. The board, by
a majority vote of its full membership or by the action of its
designee, may affirm the order of suspension or expulsion,
reinstate the pupil, or otherwise reverse, vacate, or modify the
order of suspension or expulsion. The board or its designee shall make a verbatim record of
hearings held under this division. The decisions of the board or
its designee may be appealed under Chapter 2506. of the Revised
Code. This section shall not be construed to require notice and
hearing in accordance with division (A), (B), or (C) of this
section in the case of normal disciplinary procedures in which a
pupil is removed from a curricular or extracurricular activity
for a period of less than one school day and is not subject to
suspension or expulsion. (F)(1) If a pupil is expelled pursuant to division (B) of
this section for committing any violation listed in division (A)
of section 3313.662 of the Revised Code and he the pupil was
sixteen years of age or older at the time he committed of
committing the violation, if a complaint is filed pursuant to section
2151.27 of the Revised
Code alleging that the pupil is a delinquent child based upon the
commission of the violation or the pupil is prosecuted as an
adult for the commission of the violation, and if the resultant
juvenile court or criminal proceeding is pending at the time that
the expulsion terminates, the superintendent of schools that
expelled the pupil may file a motion with the court in which the
proceeding is pending requesting an order extending the expulsion
for the lesser of an additional eighty days or the number of
school days remaining in the school year. Upon the filing of the
motion, the court immediately shall schedule a hearing and give
written notice of the time, date, and location of the hearing to
the superintendent and to the pupil and his the pupil's parent,
guardian, or
custodian. At the hearing, the court shall determine whether
there is reasonable cause to believe that the pupil committed the
alleged violation that is the basis of the expulsion and, upon
determining that reasonable cause to believe he the pupil
committed the violation does exist, shall grant the requested extension. (2) If a pupil has been convicted of or adjudicated a
delinquent child for a violation listed in division (A) of
section 3313.662 of the Revised Code for an act that was
committed when the child was sixteen years of age or older, if
the pupil has been expelled pursuant to division (B) of this
section for that violation, and if the board of education of the
school district of the school from which he the pupil was
expelled has adopted a resolution seeking his the pupil's
permanent exclusion, the superintendent may file a motion with the court that
convicted
the pupil or adjudicated the pupil a delinquent child requesting
an order to extend the expulsion until an adjudication order or
other determination regarding permanent exclusion is issued by
the superintendent of public instruction pursuant to section
3301.121 and division (D) of section 3313.662 of the Revised
Code. Upon the filing of the motion, the court immediately shall
schedule a hearing and give written notice of the time, date, and
location of the hearing to the superintendent of the school
district, the pupil, and his the pupil's parent, guardian, or
custodian. At the hearing, the court shall determine whether there is
reasonable cause to believe the pupil's continued attendance in
the public school system may endanger the health and safety of
other pupils or school employees and, upon making that
determination, shall grant the requested extension. (G) The failure of the superintendent or the board of
education to provide the information regarding the possibility of
permanent exclusion in the notice required by divisions (A), (B),
and (D) of this section is not jurisdictional, and the failure
shall not affect the validity of any suspension or expulsion
procedure that is conducted in accordance with this section or
the validity of a permanent exclusion procedure that is conducted
in accordance with sections 3301.121 and 3313.662 of the Revised
Code. (H) With regard to suspensions and expulsions pursuant to
divisions (A) and (B) of this section by the board of education
of any city, exempted village, or local school district, this
section shall apply to any student, whether or not the student is
enrolled in the district, attending or otherwise participating in
any curricular program provided in a school operated by the board
or provided on any other property owned or controlled by the
board. (I) Whenever a student is expelled under this section, the expulsion shall
result in removal of the student from the student's regular school setting.
However, during the period of the expulsion, the board of education of the
school district that expelled the student or any board of education admitting
the student during that expulsion period may provide educational services to
the student in an alternative setting. (J)(1) Notwithstanding section 3313.64 or 3313.65 of the Revised
Code, any
school district,
after offering an opportunity for a hearing, may temporarily deny admittance
to any pupil if the one of the following applies: (a) The pupil has been suspended from the schools of another
district under division (A) of this section and the period of
suspension, as established under that division, has not expired; (b) The pupil has been expelled from the schools of another
district under division (B) of this section and the period of the
expulsion, as established under that division or as extended under division
(F) of this section, has not expired. If If a pupil is temporarily
denied admission under this division, the pupil shall be admitted to school in
accordance with section 3313.64 or 3313.65 of the Revised Code no later than
upon expiration
of such the suspension or expulsion period, as
applicable. (2) Notwithstanding section 3313.64 or 3313.65 of the
Revised Code,
any school district, after offering an opportunity for a hearing, may
temporarily deny admittance to any pupil if the pupil has been expelled or
otherwise removed for disciplinary purposes from a public school in another
state and the period of expulsion or removal has not expired. If a pupil is
temporarily denied admission under this division, the pupil shall be admitted
to school in accordance with section 3313.64 or 3313.65 of the
Revised Code
no later than the earlier of the following: (a) Upon expiration of the expulsion or removal period imposed by
the out-of-state school; (b) Upon expiration of a period established by the district,
beginning with the date of expulsion or removal from the out-of-state school,
that is no greater than the period of expulsion that
the pupil would have received under the policy adopted by the district under
section 3313.661 of the Revised
Code had the offense that gave rise to the
expulsion or removal by the out-of-state school been committed while the pupil
was enrolled in the district. (K) As used in this section, "permanently: (1) "Permanently exclude"
and "permanent exclusion" have the same meanings as in section
3313.662 of the Revised Code. (2) "In-school suspension" means the pupil will serve all of the
suspension in a school setting. Sec. 3313.661. (A) The board of education of each city,
exempted village, and local school district shall adopt a
policy regarding suspension, expulsion, removal, and permanent
exclusion that specifies the types of misconduct for which a
pupil may be suspended, expelled, or removed. The types of misconduct may
include misconduct by a pupil that occurs off of property owned or controlled
by the district but that is connected to activities or incidents
that have occurred on property owned or controlled by that
district and misconduct by a pupil that, regardless of where it occurs, is
directed at a district official or employee, or the property of such official
or employee. The policy shall specify the
reasons for which the superintendent of the district may reduce the expulsion
requirement in division (B)(2) of section 3313.66 of the Revised Code. If a
board
of education adopts a resolution pursuant to division
(B)(3) of section 3313.66 of the Revised Code, the
policy shall define the term "knife" or "firearm," as
applicable, for purposes of expulsion under that
resolution and shall specify any reasons for which the superintendent of the
district may reduce any required expulsion period on a case-by-case
basis. If a board of education adopts a resolution pursuant to division
(B)(4) of section 3313.66 of the Revised Code, the
policy shall specify any reasons for which the superintendent of the district
may reduce any required expulsion period on a case-by-case
basis. The policy also
shall set forth the acts listed in section 3313.662 of the
Revised Code for which a pupil may be permanently excluded. A copy of the policy shall be posted in a central location in the
school and made available to pupils upon request. No pupil shall
be suspended, expelled, or removed except in accordance with the
policy adopted by the board of education of the school district
in which the pupil attends school, and no pupil shall be
permanently excluded except in accordance with sections 3301.121
and 3313.662 of the Revised Code. (B) A board of education may establish a program and adopt
guidelines under which a superintendent may require a pupil to
perform community service in conjunction with a
suspension or expulsion imposed under section 3313.66 of the
Revised Code or in place of a suspension or expulsion imposed under section
3313.66 of the Revised Code except for an
expulsion imposed pursuant to division
(B)(2) of that section. If a board adopts guidelines under this
division,
they shall permit, except with regard to an expulsion pursuant to
division (B)(2) of section 3313.66 of the Revised Code, a superintendent
to impose a community service
requirement beyond the end of the school year in lieu of applying
the suspension or expulsion into the following school year. Any
guidelines adopted shall be included in the policy adopted under
this section. (C) The written policy of each board of education that is
adopted pursuant to section 3313.20 of the Revised Code shall be
posted in a central location in each school that is subject to
the policy and shall be made available to pupils upon request. (D) Any policy, program, or guideline adopted by a board
of education under this section with regard to suspensions or
expulsions pursuant to divisions division (A) or (B) of section
3313.66 of the Revised Code shall apply to any student, whether or not the
student is enrolled in the district, attending or otherwise
participating in any curricular program provided in a school
operated by the board or provided on any other property owned or
controlled by the board. (E) As used in this section, "permanently exclude" and
"permanent exclusion" have the same meanings as in section
3313.662 of the Revised Code. Sec. 3313.664. The board of education of a city, exempted
village, local, joint vocational, or cooperative education school district may
adopt a policy authorizing the district superintendent or, other
district
administrative personnel, or personnel employed by the district to
direct, supervise, or coach a pupil activity program as provided in the
policy to suspend
prohibit a student from
participating in any particular
or all extracurricular activities of the district or a school of the district
for a period of time as provided in the policy. If a board of education
adopts a policy under this section, the board shall post the policy in a
central location in each school building of the district and make it available
to
students upon request. Sec. 3318.031. The Ohio
school facilities commission shall consider student and staff
safety when reviewing design plans for classroom facility
construction projects proposed under
this chapter. After consulting with
appropriate education and law enforcement personnel, the
commission may require as a condition of project approval under
section 3318.03 of the Revised
Code such changes in the design
plans as the commission believes will advance or improve student
and staff safety in the proposed classroom facility. To carry out its duties under this section, the commission
shall review and, if necessary, amend any construction and design
standards used in its project approval process, including
standards for location and number of exits and location of
restrooms, with a focus on advancing student and staff safety. Sec. 3321.13. (A) Whenever any child of compulsory school
age withdraws from school the teacher of that child shall
ascertain the reason for withdrawal. The fact of the withdrawal
and the reason for it shall be immediately transmitted by the
teacher to the superintendent of schools of the city or exempted
village school district or the educational service center as
the case may be. If the
child who has withdrawn from school has done so because of change
of residence, the next residence shall be ascertained and shall
be included in the notice thus transmitted. The superintendent
shall thereupon forward a card showing the essential facts
regarding the child and stating the place of the child's new
residence to
the superintendent of schools of the district to which the
child has moved. The superintendent of public instruction may prescribe the
forms to be used in the operation of this division. (B)(1) Upon receipt of information that a child of
compulsory school age has withdrawn from school for a reason
other than because of change of residence and is not enrolled in
and attending in accordance with school policy an approved
program to obtain a diploma or its equivalent, the superintendent
shall notify the registrar of motor
vehicles and the juvenile judge of the county in which the
district is located of the withdrawal and failure to enroll in
and attend an approved program to obtain a diploma or its
equivalent. A notification to the registrar required by this
division shall be given in the manner the registrar by rule
requires and a notification to the juvenile judge required by
this division shall be given in writing. Each notification shall
be given within two weeks after the withdrawal and failure to
enroll in and attend an approved program or its equivalent. (2) The board of education of a school district may adopt
a resolution providing that the provisions of division (B)(2) of
this section apply within the district. The provisions of
division (B)(2) of this section do not apply within any school
district, and no superintendent of a school district shall send a
notification of the type described in division (B)(2) of this
section to the registrar of motor vehicles or the juvenile judge
of the county in which the district is located, unless the board
of education of the district has adopted such a resolution. If
the board of education of a school district adopts a resolution
providing that the provisions of division (B)(2) of this section
apply within the district, and if the superintendent of schools
of that district receives information that, during any semester
or term, a child of compulsory school age has been absent without
legitimate excuse from the school he the child is supposed to
attend for more than ten consecutive school days or for at least fifteen
total school days, the superintendent shall notify the child and
the child's parent, guardian, or custodian, in writing, that the
information has been provided to the superintendent, that as a
result of that
information the child's temporary instruction permit or driver's
license will be suspended or the opportunity to obtain such a
permit or license will be denied, and that the child and the
child's
parent, guardian, or custodian may appear in person at a
scheduled date, time, and place before the superintendent or a
designee to challenge the information provided to the
superintendent. The notification to the child and the child's parent, guardian, or
custodian required by division (B)(2) of this section shall set
forth the information received by the superintendent and shall
inform the child and the child's parent, guardian, or custodian of
the
scheduled date, time, and place of the appearance that they may
have before the superintendent or a designee. The date
scheduled for the appearance shall be no earlier than three and
no later than five days after the notification is given, provided
that an extension may be granted upon request of the child or the
child's
parent, guardian, or custodian. If an extension is granted, the
superintendent shall schedule a new date, time, and place for the
appearance and shall inform the child and the child's parent,
guardian,
or custodian of the new date, time, and place. If the child and the child's parent, guardian, or custodian do not
appear before the superintendent or a designee on the scheduled
date and at the scheduled time and place, or if the child and the
child's
parent, guardian, or custodian appear before the
superintendent or a designee on the scheduled date and at the
scheduled time and place but the superintendent or a designee
determines that the information the superintendent received
indicating that, during the semester or term, the child had been
absent without legitimate excuse from the school the child was
supposed
to attend for more than ten consecutive school days or for at
least fifteen total school days, the superintendent shall notify
the registrar of motor vehicles and the juvenile judge of the
county in which the district is located that the child has been
absent for that period of time and that the child does not have
any legitimate excuse for the habitual absence. A notification
to the registrar required by this division shall be given in the
manner the registrar by rule requires and a notification to the
juvenile judge required by this division shall be given in
writing. Each notification shall be given within two weeks after
the receipt of the information of the habitual absence from
school without legitimate excuse, or, if the child and the child's
parent, guardian, or custodian appear before the superintendent
or a designee to challenge the information, within two weeks
after the appearance. For purposes of division (B)(2) of this section, a
legitimate excuse for absence from school includes, but is not
limited to, the fact that the child in question has enrolled in
another school or school district in this or another state, the
fact that the child in question was excused from attendance for
any of the reasons specified in section 3321.04 of the Revised
Code, or the fact that the child in question has received an age
and schooling certificate in accordance with section 3331.01 of
the Revised Code. (3) Whenever a pupil is suspended or expelled from school
pursuant to section 3313.66 of the Revised Code and the reason
for the suspension or expulsion is the use or possession of
alcohol, a drug of abuse, or alcohol and a drug of abuse, the
superintendent of schools of that district may notify the
registrar and the juvenile judge of the county in which the
district is located of such suspension or expulsion. Any such
notification of suspension or expulsion shall be given to the
registrar, in the manner the registrar by rule requires and shall
be given to the juvenile judge in writing. The notifications
shall be given within two weeks after the suspension or
expulsion. (4) Whenever a pupil is suspended, expelled,
removed, or permanently excluded from a school for misconduct included
in a policy that the board of education of a city,
exempted village, or local school district has adopted under division
(A) of section 3313.661 of the Revised Code, and the misconduct involves a firearm
or a knife or other weapon as defined in that policy, the
superintendent of schools of that district shall notify the
registrar and the juvenile judge of the county in which
the district is located of the suspension,
expulsion, removal, or permanent exclusion. The notification
shall be given to the registrar in the manner the registrar, by
rule, requires and shall be given to the juvenile judge in
writing. The notifications shall be given within
two weeks after the suspension, expulsion, removal, or permanent
exclusion. (C) A notification of withdrawal, habitual absence without
legitimate excuse, suspension, or expulsion given to the
registrar or a juvenile judge under division (B)(1), (2), or
(3), or (4) of this section shall contain the name,
address, date of birth,
school, and school district of the child. If the superintendent
finds, after giving a notification of withdrawal, habitual
absence without legitimate excuse, suspension, or expulsion to
the registrar and the juvenile judge under division (B)(1), (2),
or (3), or (4) of this section, that the
notification was given in error,
the superintendent immediately shall notify the registrar and the
juvenile judge of that fact. Sec. 3365.03. (A) Notwithstanding any other provision of law, a
student enrolled
in a school district or a participating nonpublic school may apply to a
college to enroll in it during the student's ninth,
tenth, eleventh, or twelfth grade school year under
this chapter. For purposes of this division, during the period of an
expulsion
imposed under division (B) of section 3313.66 of the Revised
Code
or extended under division (F) of that section, a student is
ineligible to apply to enroll in a college under this section, unless the
student is admitted to
another school district or a participating nonpublic school. If a
student is enrolled in a college under this section at the time
the student is expelled under division (B) of section 3313.66 of
the Revised Code, the student's status for the remainder of
the
college term in which the expulsion is imposed shall be determined under
section 3365.041 of the Revised Code. (B) If a college accepts the a student who applies
under this section, it shall send written notice
to the student, the student's school district or nonpublic
school, and the
superintendent of public instruction within ten days after acceptance. Within
ten days after each enrollment for a term, the college shall also send the
student, the student's school district or nonpublic school,
and the superintendent of
public instruction a written notice indicating the courses and hours of
enrollment of the student and the option elected by the student under division
(A) or (B) of section 3365.04 of the Revised Code for each course. Sec. 3365.04. The rules adopted under section 3365.02 of
the Revised Code shall provide for students to enroll in courses
under either of the following options: (A) The student may elect at the time of enrollment to
receive only college credit for the course. The college shall
notify the student about payment of tuition and fees in the
customary manner followed by the college, and the student shall
be responsible for payment of all tuition and the cost of all
textbooks, materials, and fees associated with the course. If
the student successfully completes the course, the college shall
award the student full credit for the course, but the board
of education
or nonpublic participating school shall not award the high
school
credit. (B) The student may elect at the time of enrollment for
each course to receive both college credit and high school
credit. If Except as provided in section 3365.041 of the
Revised Code, if the student successfully completes the
course, the
college shall award the student full credit for the course,
and the board
of education or nonpublic school shall award the student
high school
credit. If the student elects this option, and the college
shall be
reimbursed in accordance with section 3365.07 of the Revised
Code. When determining a school district's formula ADM
under
section
3317.03 of the Revised Code, the time a participant is attending
courses under division (A) of this section shall be considered as
time the participant is not attending or enrolled in school
anywhere, and the time a participant is attending courses under
division (B) of this section shall be considered as time the
participant is attending or enrolled in the district's schools. Sec. 3365.041. (A) When a school district superintendent expels
a student under division (B) of section 3313.66 of the
Revised
Code, the district superintendent shall send a written notice of the
expulsion to any college in which the expelled student is
enrolled under section 3365.03 of the Revised Code at the
time the
expulsion is imposed. The notice shall indicate the date the
expulsion is scheduled to expire. The notice also shall indicate
whether the district board of education has adopted a policy under
section 3313.613 of the Revised Code to deny high school
credit
for post-secondary courses taken during an expulsion. If the expulsion is
extended under division (F) of section 3313.66 of the
Revised Code, the district
superintendent shall notify the college of the extension. (B) A college may withdraw its acceptance under
section 3365.03 of the Revised Code of a student who is
expelled from
school under division (B) of section 3313.66 of the Revised
Code. As provided in section 3365.03 of the Revised
Code, regardless of
whether the college withdraws its acceptance of the student for the college
term in which the student is expelled, the student is
ineligible to enroll in a college under that section for
subsequent college terms during the period of the expulsion,
unless the student enrolls in another school district or
participating nonpublic school during that period. If a college withdraws its acceptance of an expelled student who
elected the option of division (A) of section 3365.04 of the
Revised Code, the college shall
refund tuition and fees paid by the student in the same proportion that it
refunds tuition and fees to students
who voluntarily withdraw from the college at the same time in the term. If a college withdraws its acceptance of an expelled student who
elected the option of division (B) of section 3365.04 of the
Revised Code, the school district
shall not award high school credit for the college courses in which the
student was enrolled at the
time the college withdrew its acceptance, and any reimbursement
under section 3365.07 of the Revised Code for the student's
attendance prior to the withdrawal
shall be the same as would be paid for a student who voluntarily withdrew from
the college at the same time in the term. If the withdrawal results in the
college's receiving no reimbursement, the
college may require the student to return or pay for the textbooks and
materials it provided the student free of charge under section
3365.08 of the Revised Code. (C) When a student who elected the option of division
(B) of
section 3365.04 of the Revised Code is expelled under
division (B)
of section 3313.66 of the Revised Code from a school
district that
has adopted a policy under section 3313.613 of the Revised
Code,
that election is automatically revoked for all college courses in which the
student is enrolled during the college term in which the
expulsion is imposed. Any reimbursement under section 3365.07 of
the Revised Code for the student's attendance prior to the
expulsion shall be the same as would
be paid for a student who voluntarily withdrew from the college at the same
time in the term. If the revocation results in the college's receiving no
reimbursement, the college may require the
student to return or pay for the textbooks and materials it provided the
student free of charge under section 3365.08 of the Revised
Code. No later than five days after receiving an expulsion notice from
the superintendent of a district that has adopted a policy under section
3313.613 of the Revised Code, the college shall send a
written
notice to the expelled student that the student's election of division
(B) of section 3365.04 of the Revised Code is
revoked. If
the college elects not to withdraw its acceptance of the student, the student
shall pay all applicable tuition and fees for the college courses and shall
pay for the
textbooks and materials that the college provided under section
3365.08 of the Revised Code. Sec. 4507.061. (A) The registrar of motor vehicles shall
record within ten days of receipt and keep at the main office of
the bureau of motor vehicles all information provided to him the
registrar by
the superintendent of a school district in accordance with
division (B) of section 3321.13 of the Revised Code. (B) Whenever the registrar receives a notice under
division (B) of section 3321.13 of the Revised Code, he the
registrar shall
suspend the temporary instruction permit or driver's license of
the person who is the subject of the notice or, if the person
has
not been issued such a permit or license, the registrar shall
deny to the person the issuance of a temporary instruction
permit
or driver's license. The requirements of the second paragraph
of
section 119.06 of the Revised Code do not apply to a suspension
of a person's temporary instruction permit or driver's license
or
a denial of a person's opportunity to obtain a temporary
instruction permit or driver's license by the registrar under
this division. (C) Upon suspending the temporary instruction permit or
driver's license of any person or denying any person the
opportunity to be issued such a license or permit as provided in
division (B) of this section, the registrar immediately shall
notify the person in writing of the suspension or denial and
inform him the person that he the person may
petition for a hearing as provided in
division (E) of this section. (D) Any person whose permit or license is suspended under
this section shall mail or deliver his the person's permit or
license to the
registrar of motor vehicles within twenty days of notification
of
the suspension; however, the person's permit or license and his the
person's
driving privileges shall be suspended immediately upon receipt
of
the notification. The registrar may retain the permit or
license during the period of the suspension or he the registrar
may destroy it
under section 4507.54 of the Revised Code. Any such suspension
of a person's permit or license or denial of a person's
opportunity to obtain a permit or license under this section
shall remain in effect until the person attains eighteen years
of
age or until it is terminated prior to the child's attainment of
that age pursuant to division (F) of this section. (E) Any person whose temporary instruction permit or
driver's license has been suspended, or whose opportunity to
obtain such a permit or license has been denied pursuant to this
section, may file a petition in the juvenile court in whose
jurisdiction the person resides alleging error in the action
taken by the registrar of motor vehicles under division (B) of
this section or alleging one or more of the matters within the
scope of the hearing, as described in this division, or both.
The petitioner shall notify the registrar and the superintendent
of the school district who gave the notice to the registrar and
juvenile judge under division (B) of section 3321.13 of the
Revised Code of the filing of the petition and send them copies
of the petition. The scope of the hearing is limited to the
issues of whether the notice given by the superintendent to the
registrar was in error and whether the suspension or denial of
driving privileges will result in substantial hardship to the
petitioner. The registrar shall furnish the court a copy of the record
created in accordance with division (A) of this section. The
registrar and the superintendent shall furnish the court with any
other relevant information required by the court. In hearing the matter and determining whether the
petitioner has shown that his the petitioner's temporary
instruction permit or
driver's license should not be suspended or that his the
petitioner's opportunity
to obtain such a permit or license should not be denied, the
court shall decide the issue upon the information furnished by
the registrar and the superintendent and any such additional
evidence that the registrar, the superintendent, or the
petitioner submits. If the court finds from the evidence submitted that the
petitioner has failed to show error in the action taken by the
registrar under division (B) of this section and has failed to
prove any of the matters within the scope of the hearing, then
the court may assess the cost of the proceeding against the
petitioner and shall uphold the suspension of his the
petitioner's permit or
license or the denial of his the petitioner's opportunity to
obtain a permit or
license. If the court finds that the petitioner has shown error
in the action taken by the registrar under division (B) of this
section or has proved one or more of the matters within the scope
of the hearing, or both, the cost of the proceeding shall be paid
out of the county treasury of the county in which the proceedings
were held, and the suspension of the petitioner's permit or
license or the denial of the person's opportunity to obtain a
permit or license shall be terminated. (F) The registrar shall cancel the record created under
this section of any person who is the subject of a notice given
under division (B) of section 3321.13 of the Revised Code and
shall terminate the suspension of the person's permit or license
or the denial of the person's opportunity to obtain a permit or
license, if any of the following applies: (1) The person is at least eighteen years of age. (2) The person provides evidence, as the registrar shall
require by rule, of receipt of a high school diploma or a general
educational development certificate of high school equivalence. (3) The superintendent of a school district informs the
registrar that the notification of withdrawal, habitual absence
without legitimate excuse, suspension, or expulsion concerning
the person was in error. (4) The suspension or denial was imposed subsequent to a
notification given under division (B)(3) or (4) of section
3321.13 of the Revised Code, and the superintendent of a school district
informs the registrar that the person in question has satisfied
any terms or conditions established by the school as necessary to
terminate the suspension or denial of driving privileges. (5) The suspension or denial was imposed subsequent to a
notification given under division (B)(1) of section 3321.13 of
the Revised Code, and the superintendent of a school district
informs the registrar that the person in question is now
attending school or enrolled in and attending an approved program
to obtain a diploma or its equivalent to the satisfaction of the
school superintendent. (6) The suspension or denial was imposed subsequent to a
notification given under division (B)(2) of section 3321.13 of
the Revised Code, the person has completed at least one semester
or term of school after the one in which the notification was
given, the person requests the superintendent of the school
district to notify the registrar that the person no longer is
habitually absent without legitimate excuse, the superintendent
determines that the person has not been absent from school
without legitimate excuse in the current semester or term, as
determined under that division, for more than ten consecutive
school days or for more than fifteen total school days, and the
superintendent informs the registrar of that fact. If a person
described in division (F)(6) of this section requests the
superintendent of the school district to notify the registrar
that the person no longer is habitually absent without
legitimate
excuse and the superintendent makes the determination described
in this division, the superintendent shall provide the
information described in division (F)(6) of this section to
the registrar within five days after receiving the request. (7) The suspension or denial was imposed subsequent to a
notification given under division (B)(2) of section 3321.13 of
the Revised Code, and the superintendent of a school district
informs the registrar that the person in question has received
an
age and schooling certificate in accordance with section 3331.01
of the Revised Code. (8) The person filed a petition in court under division
(E) of this section and the court found that the person showed
error in the action taken by the registrar under division (B) of
this section or proved one or more of the matters within the
scope of the hearing on the petition, as set forth in division
(E) of this section, or both. At the end of the suspension period under this section and
upon the request of the person whose temporary instruction
permit
or driver's license was suspended, the registrar shall return
the
driver's license or permit to the person or reissue the person's
license or permit under section 4507.54 of the Revised Code, if
the registrar destroyed the suspended license or permit under
that section. SECTION 2 . That existing sections 2901.01, 2903.13, 2917.11,
2923.122, 2923.161,
2929.14, 3313.613, 3313.66, 3313.661, 3313.664, 3321.13, 3365.03, 3365.04, and
4507.061 of
the Revised Code are hereby repealed.
SECTION 3 . Section 2923.122 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 72 and Am. Sub. H.B. 124 of the 121st General Assembly, with the
new language of neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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