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|
As Introduced
123rd General Assembly
Regular Session
1999-2000 | S. B. No. 1 |
SENATOR GARDNER
A BILL
To amend sections 2901.01, 2903.13, 2917.11, 2923.122, 2923.161, 2925.01,
2925.02, 2925.03, 2925.07, 2925.13, 2925.36, 2925.37, 2929.14, 3313.66,
3313.661, and 3313.664 and to enact sections 2941.143, 3313.536, and 3318.031
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 "vicinity of a school," "school," "school premises," or similar
terms used to define certain offenses or enhance their penalties; to grant a
court discretion to enhance the penalty for any offense of violence committed
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; 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,
2925.01, 2925.02, 2925.03, 2925.07, 2925.13, 2925.36, 2925.37, 2929.14,
3313.66, 3313.661, and 3313.664 be amended and sections 2941.143, 3313.536,
and 3318.031 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 or 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, computer data, computer software, financial
instruments associated with computers, and other documents
associated with computers, or copies of the documents, whether in
machine or human readable form. "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 this division and division (A)(13) of this
section, "cable television service," "computer," "computer
software," "computer system," "computer network," and "data" have
the same meaning 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, or
computer software that is used in a conspiracy to commit, an
attempt to commit, or in the commission of any offense, if the
owner of the computer, computer system, computer network, or
computer software 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)(1) AS USED IN
TITLE
XXIX OF THE
REVISED
CODE, "SCHOOL SAFETY ZONE"
CONSISTS OF A SCHOOL, SCHOOL BUILDING, SCHOOL PREMISES, SCHOOL
ACTIVITY, SCHOOL BUS, AND AN AREA WITHIN ONE THOUSAND FEET OF
THE BOUNDARIES OF ANY SCHOOL PREMISES.
(2) AS USED IN THIS DIVISION:
(a) "SCHOOL" MEANS ANY SCHOOL OPERATED BY A BOARD OF
EDUCATION OR ANY SCHOOL FOR WHICH THE STATE BOARD OF EDUCATION
PRESCRIBES MINIMUM STANDARDS UNDER SECTION 3301.07 OF THE
REVISED
CODE, WHETHER OR NOT ANY
INSTRUCTION, EXTRACURRICULAR ACTIVITIES, OR TRAINING PROVIDED BY
THE SCHOOL IS BEING CONDUCTED AT THE TIME A CRIMINAL OFFENSE IS
COMMITTED.
(b) "SCHOOL BUILDING" MEANS ANY BUILDING IN WHICH ANY OF
THE INSTRUCTION, EXTRACURRICULAR ACTIVITIES, OR TRAINING
PROVIDED BY A SCHOOL IS CONDUCTED, WHETHER OR NOT ANY
INSTRUCTION, EXTRACURRICULAR ACTIVITIES, OR TRAINING PROVIDED BY
THE SCHOOL IS BEING CONDUCTED IN THE SCHOOL BUILDING AT THE TIME
A CRIMINAL OFFENSE IS COMMITTED.
(c) "SCHOOL PREMISES" MEANS EITHER OF THE
FOLLOWING:
(i) THE PARCEL OF REAL PROPERTY ON WHICH ANY
SCHOOL IS SITUATED, WHETHER OR NOT ANY INSTRUCTION,
EXTRACURRICULAR ACTIVITIES, OR TRAINING PROVIDED BY THE SCHOOL
IS BEING CONDUCTED ON THE PREMISES AT THE TIME A CRIMINAL
OFFENSE IS COMMITTED;
(ii) ANY OTHER PARCEL OF REAL PROPERTY THAT IS
OWNED OR LEASED BY A BOARD OF EDUCATION OF A SCHOOL 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 AND ON WHICH SOME OF THE
INSTRUCTION, EXTRACURRICULAR ACTIVITIES, OR TRAINING OF THE
SCHOOL IS CONDUCTED, WHETHER OR NOT ANY INSTRUCTION,
EXTRACURRICULAR ACTIVITIES, OR TRAINING PROVIDED BY THE SCHOOL
IS BEING CONDUCTED ON THE PARCEL OF REAL PROPERTY AT THE TIME A
CRIMINAL OFFENSE IS COMMITTED.
(d) "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.
(e) "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 on IN A 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 in duties or official
responsibilities
associated with the victim's employement 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 of school premises SAFETY ZONE.
(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 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. 2925.01. As used in this chapter:
(A) "Administer," "controlled substance," "dispense,"
"distribute," "hypodermic,"
"manufacturer," "official written order," "person,"
"pharmacist," "pharmacy," "sale,"
"schedule I," "schedule II," "schedule III," "schedule IV,"
"schedule V," and "wholesaler" have the same meanings as in
section 3719.01 of the Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the
same meanings as in section 3719.011 of the Revised Code.
(C) "Drug," "dangerous drug," "licensed health professional authorized to
prescribe
drugs," and "prescription" have the same meanings as in section
4729.01 of the Revised Code.
(D) "Bulk amount" of a controlled substance means any of
the following:
(1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III,
with the exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this
section, whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or
twenty-five unit doses of a compound, mixture, preparation, or
substance that is or contains any amount of a schedule I opiate
or opium derivative;
(b) An amount equal to or exceeding ten grams
of a
compound, mixture, preparation, or substance that is or contains
any amount of raw or gum opium;
(c) An amount equal to or exceeding thirty
grams or ten
unit doses of a compound, mixture, preparation, or substance that
is or contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or
lysergic acid
amide, or a schedule I stimulant or
depressant;
(d) An amount equal to or exceeding twenty
grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound,
mixture, preparation, or substance that is or contains any amount
of a schedule II opiate or opium derivative;
(e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is
or contains any amount of phencyclidine;
(f) An amount equal to or exceeding one hundred twenty
grams or thirty times the maximum daily dose in the usual dose
range specified in a standard pharmaceutical reference manual of
a compound, mixture, preparation, or substance that is or
contains any amount of a schedule II stimulant that is in a final
dosage form manufactured by a person authorized by the "Federal
Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21
U.S.C.A. 301, as amended, and the federal drug abuse control
laws, as defined in section 3719.01 of the Revised Code, that is or contains
any amount of a schedule II depressant
substance or a schedule II hallucinogenic substance;
(g) An amount equal to or exceeding three
grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws.
(2) An amount equal to or exceeding one
hundred twenty
grams or thirty times the maximum daily dose in the usual dose
range specified
in a standard pharmaceutical reference manual of a compound,
mixture,
preparation, or substance that is or contains any amount of a
schedule
III or IV substance other than an anabolic
steroid or a schedule III opiate or opium derivative;
(3) An amount equal to or exceeding twenty grams or five times the maximum
daily dose in the usual dose range specified in a standard pharmaceutical
reference manual of a compound, mixture,
preparation, or substance that is
or contains any amount of a schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance;
(5) An amount equal to or exceeding two
hundred solid
dosage units, sixteen grams, or sixteen milliliters of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule III anabolic steroid.
(E) "Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and in a form that
indicates that it is the amount or unit by which
the controlled substance is separately administered to or taken by an
individual.
(F) "Cultivate" includes planting, watering, fertilizing,
or tilling.
(G) "Drug abuse offense" means any of the following:
(1) A violation of division (A) of section 2913.02 that
constitutes theft of drugs, or a violation of section 2925.02,
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,
2925.22, 2925.23, 2925.31,
2925.32, 2925.36, or 2925.37 of the Revised Code;
(2) A violation of an existing or former law of this or
any other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section;
(3) An offense under an existing or former law of this or
any other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element;
(4) A conspiracy to commit, attempt to commit, or complicity in
committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section.
(H) "Felony drug abuse offense" means any drug abuse
offense that would constitute a felony under the laws of this
state, any other state, or the United States.
(I) "Harmful intoxicant" does not include beer or
intoxicating liquor but means any compound, mixture,
preparation, or substance the gas, fumes, or vapor of which when
inhaled can induce intoxication, excitement, giddiness,
irrational behavior, depression, stupefaction, paralysis,
unconsciousness, asphyxiation, or other harmful physiological
effects, and includes, but is not limited to, any of the
following:
(1) Any volatile organic solvent, plastic cement, model
cement, fingernail polish remover, lacquer thinner, cleaning
fluid, gasoline, or other preparation containing a volatile
organic solvent;
(2) Any aerosol propellant;
(3) Any fluorocarbon refrigerant;
(4) Any anesthetic gas.
(J) "Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production.
(K) "Possess" or "possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found.
(L) "Sample drug" means a drug or pharmaceutical
preparation that would be hazardous to health or safety if used
without the supervision of a licensed health
professional authorized to prescribe drugs, or a drug of abuse,
and that, at one time, had been placed in a container plainly
marked as a sample by a manufacturer.
(M) "Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of any of the
following reference works:
(1) "The National Formulary";
(2) "The United States Pharmacopeia," prepared by
authority of the United States Pharmacopeial Convention, Inc.;
(3) Other standard references that are approved by the
state board of pharmacy.
(N) "Juvenile" means a person under eighteen years of age.
(O) "Counterfeit controlled substance" means any of the
following:
(1) Any drug that bears, or whose container or label
bears, a trademark, trade name, or other identifying mark used
without authorization of the owner of rights to that trademark,
trade name, or identifying mark;
(2) Any unmarked or unlabeled substance that is
represented to be a controlled substance manufactured, processed,
packed, or distributed by a person other than the person that
manufactured, processed, packed, or distributed it;
(3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance;
(4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale.
(P) An offense is "committed in the vicinity of a school" if the
offender commits the offense on school premises, in a school building, or
within one thousand feet of the boundaries of any school premises.
(Q) "School" means any school operated by a board of
education or any school for which the state board of education
prescribes minimum standards under section 3301.07 of the Revised
Code, whether or not any instruction, extracurricular activities,
or training provided by the school is being conducted at the time
a criminal offense is committed.
(R) "School premises" means either of the following:
(1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed;
(2) Any other parcel of real property that is owned or
leased by a board of education of a school 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 and
on which some of the instruction, extracurricular activities, or
training of the school is conducted, whether or not any
instruction, extracurricular activities, or training provided by
the school is being conducted on the parcel of real property at
the time a criminal offense is committed.
(S) "School building" means any building in which any of
the instruction, extracurricular activities, or training provided
by a school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed.
(T) "Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the
Government of the Bar of Ohio.
(U)(Q) "Certified grievance committee" means a duly
constituted and organized committee of the Ohio state bar
association or of one or more local bar associations of the state
of Ohio that complies with the criteria set forth in Rule V,
section 6 of the Rules for the Government of the Bar of Ohio.
(V)(R) "Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(S)(1) to (35)
of
this section and that qualifies a person as a professionally
licensed person.
(W)(S) "Professionally licensed person" means any of the
following:
(1) A person who has obtained a license as a manufacturer
of controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code;
(2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has
registered as a public accountant under Chapter 4701. of the
Revised Code and who holds a live permit issued under that
chapter;
(3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code;
(4) A person who is registered as a landscape architect
under Chapter 4703. of the Revised Code or who holds a permit as
a landscape architect issued under that chapter;
(5) A person licensed as an auctioneer or apprentice
auctioneer or licensed to operate an auction company under
Chapter 4707. of the Revised Code;
(6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code;
(7) A person licensed and regulated to engage in the
business of a debt pooling company by a legislative authority,
under authority of Chapter 4710. of the Revised Code;
(8) A person who has been issued a cosmetologist's
license, manicurist's license, esthetician's license, managing
cosmetologist's license, managing manicurist's license, managing
esthetician's license, cosmetology instructor's license,
manicurist instructor's license, esthetician instructor's
license, or tanning facility permit under Chapter 4713. of the
Revised Code;
(9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate under Chapter 4715. of the Revised Code;
(10) A person who has been issued an embalmer's license, a
funeral director's license, a funeral home license, or a crematory license, or
who has been registered for an embalmer's or funeral director's apprenticeship
under Chapter 4717. of the Revised Code;
(11) A person who has been licensed as a registered nurse
or practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code;
(12) A person who has been licensed to practice optometry
or to engage in optical dispensing under Chapter 4725. of the
Revised Code;
(13) A person licensed to act as a pawnbroker under
Chapter 4727. of the Revised Code;
(14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code;
(15) A person licensed as a pharmacist, a pharmacy
intern, a wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code;
(16) A person who is authorized to practice as a physician assistant under
Chapter 4730. of the Revised Code;
(17) A person who has been issued a certificate to
practice medicine and surgery, osteopathic medicine and surgery,
a limited branch of medicine or surgery, or podiatry under
Chapter 4731. of the Revised Code;
(18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code;
(19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code;
(20) A person who has been issued a license to
practice chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker,
real estate salesperson, limited real estate broker, or limited real
estate salesperson under Chapter 4735. of the Revised Code;
(22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code;
(23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code;
(24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code;
(25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code;
(26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code;
(27) A person who has been issued a hearing aid dealer's
or fitter's license or trainee permit under Chapter 4747. of the
Revised Code;
(28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code;
(29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code;
(30) A person licensed to practice as a speech-language
pathologist
or audiologist under Chapter 4753. of the Revised Code;
(31) A person issued a license as an occupational
therapist or physical therapist under Chapter 4755. of the
Revised Code;
(32) A person who is licensed as a professional clinical counselor or
professional counselor, licensed as a social worker or independent social
worker, or registered as a social work
assistant under Chapter 4757. of the Revised Code;
(33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code;
(34) A person who has been issued a license or
limited permit to practice respiratory therapy under Chapter 4761. of
the
Revised Code;
(35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code.
(X)(T) "Cocaine" means any of the following:
(1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine;
(2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer,
or derivative of ecgonine, or a salt of an isomer or derivative
of ecgonine;
(3) A salt, compound, derivative, or preparation of a
substance identified in division
(X)(T)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine.
(Y)(U) "L.S.D." means
lysergic acid diethylamide.
(Z)(V) "Hashish" means the resin or a preparation of the
resin
contained in marihuana, whether in solid form or in a liquid concentrate,
liquid extract, or liquid distillate form.
(AA)(W) "Marihuana" has the same meaning as in section
3719.01 of the Revised Code,
except that it does not include hashish.
(BB)(X) An offense is "committed in the vicinity of a
juvenile" if
the offender commits the offense within one hundred feet of a juvenile or
within the view of a juvenile, regardless of whether the
offender knows the age of the juvenile, whether the offender knows the offense
is being committed within one hundred feet of or within view of the juvenile,
or whether the juvenile actually views the commission of the offense.
(CC)(Y) "Presumption for a prison term" or "presumption that
a
prison term shall be imposed" means a presumption, as described in division
(D) of section 2929.13 of the Revised Code, that a prison term is a necessary
sanction for a felony in order to comply with the purposes and principles of
sentencing under section 2929.11 of the Revised Code.
(DD)(Z) "Major drug offender" has the same meaning as in
section
2929.01 of the Revised Code.
(EE)(AA) "Minor drug possession offense" means either of the
following:
(1) A violation of section 2925.11 of the Revised Code as
it existed prior to July 1, 1996;
(2) A violation of section 2925.11 of the Revised Code as it exists on and
after July 1, 1996, that is a misdemeanor or a felony of the fifth
degree.
(FF)(BB) "Mandatory prison term" has the same meaning as
in section 2929.01 of the Revised Code.
(GG)(CC) "Crack cocaine" means a compound, mixture,
preparation, or
substance that is or contains any amount of cocaine that is analytically
identified as the base form of cocaine or that is in a form that resembles
rocks or pebbles generally intended for individual use.
Sec. 2925.02. (A) No person shall knowingly do any of the
following:
(1) By force, threat, or deception, administer to another
or induce or cause another to use a controlled substance;
(2) By any means, administer or furnish to another or
induce or cause another to use a controlled substance with
purpose to cause serious physical harm to the other person, or
with purpose to cause the other person to become drug dependent;
(3) By any means, administer or furnish to another or
induce or cause another to use a controlled substance, and
thereby cause serious physical harm to the other person, or cause
the other person to become drug dependent;
(4) By any means, do any of the following:
(a) Furnish or administer a controlled substance to a
juvenile who is at least two years the offender's junior,
when the offender
knows the age of the juvenile or is reckless in that regard;
(b) Induce or cause a juvenile who is at least two years
the offender's junior to use a controlled substance, when
the offender knows
the age of the juvenile or is reckless in that regard;
(c) Induce or cause a juvenile who is at least two years
the offender's junior to commit a felony drug abuse offense,
when the
offender knows the age of the juvenile or is reckless in that
regard;
(d) Use a juvenile, whether or not the offender knows the
age of the juvenile, to perform any surveillance activity that is
intended to prevent the detection of the offender or any other
person in the commission of a felony drug abuse offense or to
prevent the arrest of the offender or any other person for the
commission of a felony drug abuse offense.
(B) Division (A)(1), (3), or (4) of this section does not
apply to manufacturers, wholesalers, licensed health
professionals authorized to prescribe drugs, pharmacists,
owners of pharmacies, and other persons whose conduct is in
accordance with Chapters 3719., 4715., 4729., 4731., and 4741. of
the Revised Code or section 4723.56 of the Revised Code.
(C) Whoever violates this section is guilty of corrupting
another with drugs. The penalty for the offense shall be determined
as follows:
(1) Except as otherwise provided in this division, if the
drug involved is any compound, mixture,
preparation, or substance included in schedule I or II, with the exception of
marihuana, corrupting another with drugs is a felony
of the second degree, and, subject to division
(E) of this section, the court shall impose as a
mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If the drug
involved is any compound, mixture, preparation, or substance included in
schedule I or II, with the exception of marihuana, and if
the offense was committed in the vicinity of a school SAFETY
ZONE, corrupting
another with
drugs is a felony of the first degree, and, subject to division (E)
of this section, the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(2) Except as otherwise provided in this division, if the
drug involved is any compound, mixture, preparation, or substance included in
schedule III, IV, or V, corrupting another with drugs is a felony of the
second degree, and there is a presumption for a
prison term for the offense. If the drug involved is any compound, mixture,
preparation, or substance included in schedule III, IV, or
V and if the offense was committed in the vicinity of a school
SAFETY ZONE,
corrupting another with drugs is a felony of the second degree, and the court
shall impose as a mandatory prison term one of the prison terms prescribed for
a felony of the second degree.
(3) Except as otherwise provided in this division, if the
drug involved is marihuana, corrupting another
with drugs is a felony of the fourth degree, and division (C) of
section 2929.13 of the Revised Code applies in determining whether
to impose a prison term on the offender. If the drug involved
is marihuana and if the offense was committed in the vicinity of a
school SAFETY ZONE,
corrupting another with drugs is a felony of the third degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether
to impose a prison term on the offender.
(D) In addition to any prison term authorized or required by
division (C) or (E) of this section and sections 2929.13 and
2929.14 of the Revised Code and in addition to any other sanction imposed for
the offense under this section or sections 2929.11 to 2929.18 of
the Revised Code, the court that
sentences an offender who is convicted of or pleads guilty to a
violation of division (A) of this section or the clerk of that court
shall do all of the following that are applicable regarding the offender:
(1)(a) If the violation is a felony of the first,
second, or third degree, the court shall impose upon the offender the
mandatory fine specified for the offense under division (B)(1) of
section 2929.18 of the Revised Code unless, as specified in that division, the
court determines that the offender is indigent.
(b) Notwithstanding any contrary provision of section
3719.21 of the Revised Code, any mandatory fine
imposed pursuant to division (D)(1)(a) of this section and any
fine imposed for a violation of this section pursuant to division
(A) of section 2929.18 of the Revised Code shall be paid
by the clerk of the court in accordance with and subject to the
requirements of, and shall be used as specified in, division
(F) of section 2925.03 of the Revised Code.
(c) If a person is charged with any violation of this
section that is a felony of the first, second, or third
degree, posts bail, and forfeits the bail, the forfeited bail shall be paid by
the clerk of the court pursuant to division (D)(1)(b) of
this section as if it were a fine imposed for a violation of
this section.
(2) The court either shall revoke or, if it does
not revoke, shall suspend for not less than six
months or more than five years, the driver's or commercial
driver's license or permit of any person who is convicted of or pleads
guilty to a violation of this section that is a felony of the
first degree and shall suspend for not less than six months nor
more than five years the driver's or commercial driver's license or permit
of any person who is convicted of or pleads guilty to any other
violation of this section. If an offender's driver's or
commercial driver's license or permit is revoked pursuant to this division,
the offender, at any time after the expiration of two years from
the day on which the offender's sentence was imposed or from
the day on which the offender finally was released from
a prison term under the
sentence, whichever is later, may file a motion with the
sentencing court requesting termination of the revocation.
Upon
the filing of the motion and the court's finding of good cause
for the termination, the court may terminate the revocation.
(3) If the offender is a professionally licensed person or a
person who has been admitted to the bar by order of the supreme
court in compliance with its prescribed and published rules, in
addition to any other sanction imposed for a violation of this
section, the court forthwith shall comply with section 2925.38 of
the Revised Code.
(E) Notwithstanding the prison term otherwise authorized or
required for the offense under division (C) of this section and
sections 2929.13 and 2929.14 of the Revised Code, if the violation of division
(A)
of this section involves the sale, offer to sell, or possession
of a schedule
I or II controlled substance, with the
exception of marihuana,
and if the offender, as a result of the violation, is a major
drug offender,
the court, in lieu of the prison term that otherwise is
authorized or
required, shall impose upon the offender the mandatory prison term specified
in division (D)(3)(a) of section 2929.14 of the Revised Code and may
impose an additional prison term under division
(D)(3)(b) of that section.
Sec. 2925.03. (A) No person shall knowingly sell or offer to sell a
controlled substance.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals
authorized to prescribe drugs, pharmacists, owners of
pharmacies, and other persons whose conduct is in accordance with
Chapters 3719., 4715., 4729., 4731., and
4741. or section 4723.56 of the Revised Code;
(2) If the offense involves an anabolic steroid, any
person who is conducting or participating in a research project
involving the use of an anabolic steroid if the project has been
approved by the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act.
(C) Whoever violates division (A) of this section is guilty of one of the
following:
(1) If the drug involved in the violation is any
compound, mixture, preparation, or substance included in schedule
I or schedule II, with the exception of
marihuana, cocaine, L.S.D., heroin, and hashish,
whoever
violates division (A) of this section is guilty of
aggravated trafficking in drugs. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c), (d), (e),
or (f) of this section, aggravated trafficking in drugs is
a felony of the fourth degree,
and division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(1)(c), (d), (e), or (f) of
this section, if the offense was committed in the vicinity of a school SAFETY ZONE or in
the vicinity of a juvenile, aggravated trafficking in drugs is a felony of the
third degree, and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
the bulk amount but does not exceed five times the bulk amount, aggravated
trafficking in drugs
is a felony of the third degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the third degree. If the amount of the drug involved
is within that range and if the offense was committed in the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile, aggravated
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five times the bulk amount but does not exceed fifty times the bulk amount,
aggravated trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(e) If the amount of the drug involved exceeds
fifty times the bulk amount but does not exceed one hundred times
the bulk amount and regardless of whether the offense was
committed in the vicinity of a school SAFETY ZONE or in the vicinity of a
juvenile, aggravated trafficking in drugs is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved exceeds
one hundred times the bulk amount and regardless of whether the
offense was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree and may impose an additional prison
term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is any
compound, mixture, preparation, or substance included in schedule
III, IV, or V, whoever violates division
(A) of this section is guilty of trafficking in
drugs. The penalty for the offense shall be determined as
follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c), (d), or
(e) of
this section, trafficking in drugs is a felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(2)(c), (d), or (e) of this section,
if the offense was committed in the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile, trafficking in drugs is
a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
the bulk amount but does not exceed five times the bulk amount, trafficking in
drugs is a
felony of the fourth degree, and there is a presumption for a
prison term for the offense. If the amount of the drug involved
is within that range and if the offense was committed in the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile,
trafficking in drugs is a felony of the third degree, and there
is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five times the bulk amount but does not exceed fifty times the
bulk amount, trafficking in drugs is a felony of the third degree, and there
is a presumption
for a prison term for the offense. If the amount of the drug
involved is within that range and if the offense was committed in
the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile,
trafficking in drugs is a felony of the second degree, and there
is a presumption for a prison term for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
fifty times the bulk amount, trafficking in drugs is a felony of the second
degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the
amount of the drug involved exceeds fifty times the bulk amount
and if the offense was committed in the vicinity of a school SAFETY ZONE or
in the vicinity of a juvenile, trafficking in drugs is a felony
of the first degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the first degree.
(3) If the drug involved in the violation is marihuana or a compound,
mixture, preparation, or substance containing marihuana other than
hashish,
whoever violates division (A) of this section is guilty
of trafficking in marihuana. The penalty for the offense shall
be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c), (d), (e),
(f), or (g) of this section, trafficking in marihuana is
a felony of the
fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(3)(c), (d), (e), (f), or
(g) of
this section, if the offense was committed in the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile, trafficking in
marihuana is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
two hundred grams but does not exceed one thousand grams, trafficking in
marihuana is a felony
of the fourth degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether
to impose a prison term on the offender. If the amount of the drug
involved is within that range and if the offense was committed in
the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one thousand grams but does not exceed five thousand grams, trafficking in
marihuana is a felony
of the third degree, and division (C) of section 2929.13 of the Revised Code
applies
in determining whether to impose a prison term on the offender. If the amount
of the drug involved
is within that range and if the offense was committed in the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the second degree, and
there is a presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five thousand grams but does not exceed twenty thousand grams, trafficking in
marihuana is a
felony of the third degree, and there is a presumption that a
prison term shall be imposed for the offense. If the amount of
the drug involved is within that range and if the offense was
committed in the vicinity of a school SAFETY ZONE or in the vicinity of a
juvenile, trafficking in marihuana is a felony of the second
degree, and there is a presumption that a prison term shall be
imposed for the offense.
(f) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
twenty thousand grams, trafficking in marihuana is a felony of the second
degree, and
the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the second degree. If the
amount of the drug involved exceeds twenty thousand grams and if
the offense was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, trafficking in marihuana is a felony of
the first degree, and the court shall impose as a mandatory
prison term the maximum prison term prescribed for a felony of
the first degree.
(g) Except as otherwise provided in this division, if
the offense involves a gift of twenty grams or less of
marihuana, trafficking in marihuana is a minor misdemeanor upon
a first offense and a misdemeanor of the third degree upon a
subsequent offense. If the offense involves a gift of twenty
grams or less of marihuana and if the offense was committed in
the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile,
trafficking in marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a compound,
mixture, preparation, or substance containing cocaine, whoever violates
division (A) of this section is guilty
of trafficking in cocaine. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c), (d), (e),
(f), or (g) of this section, trafficking in cocaine is a
felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(4)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile, trafficking in cocaine
is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds five grams but does not exceed ten grams of
cocaine
that is not crack cocaine or exceeds one gram
but does not exceed five
grams of crack cocaine, trafficking in cocaine is a felony of the
fourth degree, and there is a presumption for a prison term for the
offense. If the amount of the drug involved is within one of those ranges and
if the offense was committed in the vicinity of a school SAFETY ZONE or
in the vicinity of a juvenile, trafficking in cocaine is a felony
of the third degree, and there is a presumption for a prison term
for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds ten grams but does not exceed one hundred grams
of cocaine that is not crack cocaine or
exceeds five grams but does not
exceed ten grams of crack cocaine, trafficking in cocaine is a felony of
the third degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the third
degree. If the amount of the drug involved is within one of those ranges and
if the
offense was committed in the vicinity of a school SAFETY ZONE or
in the vicinity of a juvenile,
trafficking in cocaine is a
felony
of the second degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the second degree.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds one hundred grams but does not exceed five
hundred grams of cocaine that is not crack
cocaine or exceeds ten grams
but does not exceed twenty-five grams of crack cocaine,
trafficking in cocaine is a felony of
the second degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the second degree. If the amount of the drug involved is within
one of those ranges and
if the offense was committed in the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile,
trafficking in
cocaine
is a felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(f) If the amount of the drug involved exceeds
five hundred grams but does not exceed one thousand grams
of cocaine that is not crack cocaine or
exceeds twenty-five grams but does
not exceed one hundred grams of crack cocaine and regardless of whether the
offense was committed in the vicinity of a school SAFETY ZONE or in the vicinity of a
juvenile,
trafficking in
cocaine is a felony of the first degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.
(g) If the amount of the drug involved exceeds
one thousand grams of cocaine that is not crack
cocaine or exceeds one
hundred grams of crack cocaine
and regardless of whether the offense was committed in the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile, trafficking in cocaine
is a felony of the first degree,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may
impose an additional mandatory prison term prescribed for a major
drug offender under division (D)(3)(b)
of section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is
L.S.D. or a compound, mixture, preparation, or substance containing
L.S.D., whoever violates division
(A) of this section is guilty of trafficking in
L.S.D. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(5)(b), (c), (d), (e), (f), or (g) of this
section, trafficking in
L.S.D. is a felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(5)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile,
trafficking in L.S.D. is a felony of the fourth
degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
ten unit doses but does not exceed fifty unit doses
of L.S.D. in a solid form or exceeds one gram
but does not
exceed five grams of L.S.D. in a liquid
concentrate, liquid
extract, or liquid distillate form,
trafficking in
L.S.D. is a felony of the fourth degree,
and there is a presumption for a prison term for the offense. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
fifty unit doses but does not exceed two hundred fifty unit doses
of L.S.D. in a solid form or exceeds five grams
but does
not exceed twenty-five grams of L.S.D. in a liquid
concentrate,
liquid extract, or liquid distillate form,
trafficking
in
L.S.D. is a felony of the third degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the third degree. If the
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
two hundred fifty unit doses but does not exceed one thousand
unit doses
of L.S.D. in a solid form or exceeds twenty-five
grams but
does not exceed one hundred grams of L.S.D. in a
liquid
concentrate, liquid extract, or liquid distillate form,
trafficking in
L.S.D. is a felony of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the first degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved exceeds
one thousand unit doses but does not exceed five thousand unit
doses
of L.S.D. in a solid form or exceeds one hundred
grams but
does not exceed five hundred grams of L.S.D. in a
liquid
concentrate, liquid extract, or liquid distillate form
and regardless of whether the offense was committed in the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile, trafficking in
L.S.D. is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(g) If the amount of the drug involved exceeds
five thousand unit doses
of L.S.D. in a solid form or exceeds five
hundred grams of
L.S.D. in a liquid concentrate, liquid extract, or
liquid
distillate form
and regardless of whether the offense was committed
in the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile, trafficking in
L.S.D. is
a
felony of the first degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree and may impose an additional mandatory
prison term prescribed for a major drug offender under
division (D)(3)(b) of section 2929.14 of
the Revised Code.
(6) If the drug involved in the violation is heroin or a compound,
mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty
of trafficking in heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in
division (C)(6)(b), (c), (d),
(e), (f), or (g) of this section,
trafficking in heroin is a felony of the fifth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to
impose
a prison term on the offender.
(b) Except as otherwise provided in
division (C)(6)(c), (d), (e),
(f), or (g) of this section, if the offense was committed
in the vicinity of a school SAFETY ZONE
or in the vicinity of a juvenile, trafficking in heroin is a
felony of the fourth degree, and division (C) of section 2929.13 of the
Revised Code
applies in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one gram but does not exceed five grams, trafficking in heroin is a felony of
the fourth degree,
and there is a presumption for a prison term for the offense. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
third degree, and there is a presumption for a prison term for
the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds five
grams but does not exceed ten grams, trafficking in heroin is a felony of the
third degree,
and there is a presumption for a prison term for the offense.
If the amount of the drug involved is within that range and if
the offense was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
second degree, and there is a presumption for a prison term for
the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
ten grams but does not exceed fifty grams, trafficking in heroin is a felony
of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved exceeds
fifty grams but does not exceed two hundred fifty grams and regardless of
whether the offense was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, trafficking in
heroin is a felony of the first degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.
(g) If the amount of the drug involved exceeds
two hundred fifty grams and regardless of whether the offense was committed in
the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile, trafficking in
heroin is a felony of the first
degree,
and the court shall impose as a mandatory prison term the
maximum prison term prescribed for a felony of the first degree
and may impose an additional mandatory prison term prescribed for
a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(7) If the drug involved in the violation is hashish or a compound,
mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty
of trafficking in hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b), (c), (d), (e), or
(f) of this section,
trafficking in hashish is a felony of the fifth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to
impose
a prison term on the offender.
(b) Except as otherwise provided in division
(C)(7)(c), (d), (e), or (f)
of this section, if the offense was committed in the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile, trafficking in hashish
is a felony of the fourth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a prison term on
the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds ten grams but does not exceed fifty grams of
hashish in a solid form or exceeds two grams but does not exceed ten grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the fourth
degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If the amount of
the drug involved is within that range
and if the offense was committed in the vicinity of a school SAFETY ZONE or
in the vicinity of a juvenile, trafficking in hashish is a felony
of the third degree, and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds fifty grams but does not exceed two hundred fifty
grams of hashish in a solid form or exceeds ten grams but does not exceed
fifty grams of hashish in a liquid concentrate, liquid extract, or liquid
distillate form, trafficking in hashish is a
felony of the
third degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If the amount of
the drug involved is within that range
and if the offense was committed in the vicinity of a school SAFETY ZONE or
in the vicinity of a juvenile, trafficking in hashish is a felony
of the second degree, and
there is a presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds two hundred fifty grams but does not exceed one
thousand grams of hashish in a solid form or exceeds fifty grams but does not
exceed two hundred grams of hashish in a liquid concentrate, liquid extract,
or
liquid distillate form, trafficking in hashish is a felony of
the third degree, and there is a presumption that a prison term shall be
imposed for the offense. If the amount of the drug involved is within
that range and if the offense was committed in the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile, trafficking in hashish
is a felony of the second degree, and there is a presumption that a prison
term shall be imposed for the offense.
(f) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one thousand grams of hashish in a solid form or exceeds two hundred grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form,
trafficking in
hashish is a felony of the second degree, and the court shall
impose as a mandatory prison term the maximum prison term
prescribed for a felony of the second degree. If the amount of the drug
involved exceeds
one thousand grams of hashish in a solid form or exceeds two hundred grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form
and if the offense was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, trafficking in hashish is a felony of
the first degree,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree.
(D) In addition to any prison term authorized
or required by division (C) of this section and sections
2929.13 and 2929.14 of the Revised Code, and in
addition to any other sanction imposed for the offense under this
section or sections 2929.11 to 2929.18 of the Revised
Code, the court that sentences an offender who is
convicted of or pleads guilty to a violation of division
(A) of this section shall do all of the following that
are applicable regarding the offender:
(1) If the violation of division (A) of this
section is a felony of the first, second, or third degree, the
court shall impose upon the offender the mandatory fine specified
for the offense under division (B)(1) of section 2929.18
of the Revised Code unless, as specified in that
division, the court determines that the offender is indigent. Except as
otherwise provided in division (H)(1) of this section, a
mandatory fine or any other fine imposed for a violation of this
section is subject to division (F) of this
section. If a person is charged with a violation of this section
that is a felony of the first, second, or third degree, posts
bail, and forfeits the bail, the clerk of the court shall pay the
forfeited bail
pursuant to divisions (D)(1) and
(F) of this section, as if the forfeited bail was a fine
imposed for a violation of this section. If any amount of the forfeited bail
remains after that payment and if a fine is imposed under division (H)(1) of
this section, the clerk of the court shall pay the remaining amount of the
forfeited bail pursuant to divisions (H)(2) and (3) of this section, as if
that remaining amount was a fine imposed under division (H)(1) of this
section.
(2) The court shall revoke or suspend the driver's or
commercial driver's license or permit of the offender in
accordance with division (G) of this section.
(3) If the offender is a professionally licensed person
or a person who has been admitted to the bar by order of the
supreme court in compliance with its prescribed and published
rules, the court forthwith shall comply with section 2925.38 of
the Revised Code.
(E) When a person is charged with the
sale of or offer to sell a bulk amount
or a multiple of a bulk amount of a controlled substance, the jury, or the
court trying the
accused, shall determine the amount of the controlled substance
involved at the time of the offense and, if a guilty verdict is
returned, shall return the findings as part of the verdict. In
any such case, it is unnecessary to find and return the exact
amount of the controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the
controlled substance involved is the requisite
amount, or that the amount of the controlled
substance involved is less than the requisite
amount.
(F)(1) Notwithstanding any contrary provision of section
3719.21 of the Revised Code and except as provided in division (H) of this
section, the clerk of the court shall pay any mandatory fine imposed pursuant
to division (D)(1) of this section and any fine other than a
mandatory fine that is imposed for
a violation of this section pursuant to division (A) or (B)(5) of section
2929.18 of the Revised Code to the
county, township, municipal corporation, park district, as
created pursuant to section 511.18 or 1545.04 of the Revised
Code, or state law enforcement agencies in this state that
primarily were responsible for or involved in making the arrest
of, and in prosecuting, the offender. However, the clerk shall not
pay a mandatory fine
so imposed to a law enforcement agency unless the
agency has adopted a written internal control policy under
division (F)(2) of this section that addresses the use of
the
fine moneys that it receives. Each agency shall use
the mandatory fines so paid to subsidize the agency's law enforcement
efforts that
pertain to drug offenses, in accordance with the written internal
control policy adopted by the recipient agency under division
(F)(2) of this section.
(2)(a) Prior to receiving any fine moneys under division
(F)(1) of this section or division (B)(5) of section 2925.42 of
the Revised Code, a law enforcement agency shall adopt a written
internal control policy that addresses the agency's use and
disposition of all fine moneys so received and that provides for
the keeping of detailed financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type
of expenditure. The policy shall not provide for or permit the
identification of any specific expenditure that is made in an
ongoing investigation. All financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type
of expenditure by an agency are public records open for
inspection under section 149.43 of the Revised Code.
Additionally, a written internal control policy adopted under
this division is such a public record, and the agency that
adopted it shall comply with it.
(b) Each law enforcement agency that receives in any
calendar year any fine moneys under division (F)(1) of this
section or division (B)(5) of section 2925.42 of the Revised Code
shall prepare a report covering the calendar year that cumulates
all of the information contained in all of the public financial
records kept by the agency pursuant to division (F)(2)(a) of this
section for that calendar year, and shall send a copy of the
cumulative report, no later than the first day of March in the
calendar year following the calendar year covered by the report,
to the attorney general. Each report received by the attorney
general is a public record open for inspection under section
149.43 of the Revised Code. Not later than the fifteenth
day of April in the calendar year in which the reports
are received, the attorney general shall send
to the president of the senate
and the speaker of the house of representatives
a written notification that does all of the following:
(i) Indicates that the attorney general has received from
law enforcement agencies reports of the type described in this division that
cover
the previous
calendar year and indicates that the reports were received under this
division;
(ii) Indicates that the reports
are open for inspection under section 149.43 of the
Revised Code;
(iii) Indicates that the attorney general
will provide a copy of any or all of the reports to the
president of the senate or the speaker of the house of
representatives upon request.
(3) As used in division
(F) of this section:
(a) "Law enforcement agencies" includes, but is not
limited to, the state board of pharmacy and the office of a
prosecutor.
(b) "Prosecutor" has the same meaning as in section
2935.01 of the Revised Code.
(G) When required under division
(D)(2) of
this section, the court either shall revoke or, if it
does not revoke, shall suspend for not less than six
months or more than five years, the driver's or
commercial
driver's license or permit of any person who is convicted of or
pleads
guilty to a violation of this section that is a felony of the
first degree and shall suspend for not less than six months
or
more than five years the driver's or commercial driver's license
or permit
of any person who is convicted of or pleads guilty to any other
violation of this section. If an offender's driver's or
commercial driver's license or permit is revoked pursuant to this
division,
the offender, at any time after the expiration of two years from
the day on which the offender's sentence was imposed or from the
day on
which the offender finally was released from a
prison
term under the
sentence, whichever is later, may file a motion with the
sentencing court requesting termination of the revocation; upon
the filing of such a motion and the court's finding of good cause
for the termination, the court may terminate the revocation.
(H)(1) In addition to any prison term
authorized or required by division (C) of this section and
sections 2929.13 and 2929.14 of the
Revised Code, in addition to any other
penalty or sanction imposed for the offense under this section
or sections 2929.11 to 2929.181 of the
Revised Code, and in addition to the
forfeiture of property in connection with the offense as
prescribed in sections 2925.42 to 2925.45 of the
Revised Code, the court that sentences
an offender who is convicted of or pleads guilty to a violation
of division (A) of this section may impose upon the offender an
additional fine specified for the offense in
division (B)(4) of section
2929.18 of the Revised Code. A fine imposed under
division (H)(1) of this section
is not subject to division (F) of this section and shall
be used solely for the support of one or more eligible alcohol
and drug addiction programs in accordance with divisions
(H)(2) and (3) of this section.
(2) The court that imposes a fine under division
(H)(1) of this section shall
specify in the judgment that imposes the fine one or more
eligible alcohol and drug addiction programs for the support of
which the fine money is to be used. No alcohol and drug
addiction program shall receive or use money paid or collected
in satisfaction of a fine imposed under division
(H)(1) of this section unless
the program is specified in the judgment that imposes the fine.
No alcohol and drug addiction program shall be specified in the
judgment unless the program is an eligible alcohol and drug
addiction program and, except as otherwise provided in division
(H)(2) of this section, unless
the program is located in the county in which the court that
imposes the fine is located or in a county that is immediately
contiguous to the county in which that court is located. If no
eligible alcohol and drug addiction program is located in any
of those counties, the judgment may specify an eligible alcohol
and drug addiction program that is located anywhere within this
state.
(3) Notwithstanding any contrary provision of section
3719.21 of the Revised Code, the clerk of the court
shall pay any fine imposed under division
(H)(1) of this section to the eligible alcohol and drug addiction
program specified pursuant to division (H)(2) of this section in the
judgment. The eligible alcohol and drug addiction program that receives the
fine moneys shall use the moneys only for the
alcohol and drug addiction services identified in the
application for certification under section 3793.06 of the
Revised Code or in the application for a
license under section 3793.11 of the Revised Code filed with
the department of alcohol and drug addiction services by the alcohol and drug
addiction program specified in the judgment.
(4) Each alcohol and drug addiction program that receives
in a calendar year any fine moneys under division
(H)(3) of this section shall
file an annual report covering that calendar year with the court
of common pleas and the board of county commissioners of the
county in which the program is located, with the court of common pleas and the
board of county commissioners of each county from which the program received
the moneys if that county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug addiction
program shall file the report no later than the first day of March in
the calendar year
following the calendar year in which the program received the
fine moneys. The report shall include statistics on the number
of persons served by the alcohol and drug addiction program,
identify the types of alcohol and drug addiction services
provided to those persons, and include a specific accounting of
the purposes for which the fine moneys received were used. No
information contained in the report shall identify, or enable a
person to determine the identity of, any person served by the
alcohol and drug addiction program. Each report received by a
court of common pleas, a board of county commissioners, or the
attorney general is a public record open for inspection under
section 149.43 of the Revised Code.
(5) As used in divisions (H)(1) to (5) of this section:
(a) "Alcohol and drug addiction
program" and "alcohol and drug addiction services" have the same
meanings as in section 3793.01 of the Revised Code.
(b) "Eligible alcohol and drug
addiction program" means an alcohol and drug addiction program
that is certified under section 3793.06 of the
Revised Code or licensed under section
3793.11 of the Revised Code by the department of
alcohol and drug addiction services.
Sec. 2925.07. (A) No person shall knowingly
prepare for shipment, ship, transport, deliver, prepare for
distribution, or distribute a controlled substance when the
person intends to sell or resell the controlled substance or
when the person knows or has reasonable cause to believe that
another person intends to sell or resell the controlled
substance.
(B) This section does not
apply to any person listed in division (B) of section 2925.03 of
the Revised
Code to the extent and under
the circumstances described in that division.
(C) Whoever violates division
(A) of this section is guilty
of one of the following:
(1) If the drug involved in the violation is any compound,
mixture, preparation, or substance included in schedule
I or schedule
II, with the exception of
marihuana, cocaine,
L.S.D.,
heroin, and hashish, whoever violates division
(A) of this section is guilty
of aggravated preparation of drugs for sale. The penalty for
the offense shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b) of this section, aggravated
preparation of drugs for sale is a felony of the fourth degree,
and division (C) of section
2929.13 of the Revised
Code applies in determining
whether to impose a prison term on the offender.
(b) If the offense was committed in the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile, aggravated
preparation of drugs for sale is a felony of the third degree,
and division (C) of section
2929.13 of the Revised
Code applies in determining
whether to impose a prison term on the offender.
(2) If the drug involved in the violation is any compound,
mixture, preparation, or substance included in schedule
III, schedule
IV, or schedule
V, whoever violates division
(A) of this section is guilty
of preparation of drugs for sale. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in
divisions (C)(2)(b) and
(c) of this section, preparation of drugs for sale
is a felony of the fifth degree, and division
(C) of section 2929.13 of the
Revised
Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(2)(c) of this section, if the offense
was committed in the vicinity of a school SAFETY ZONE or in the vicinity of
a juvenile, preparation of drugs for sale is a felony of the
fourth degree, and division (C)
of section 2929.13 of the
Revised
Code applies in determining
whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division,
if the amount of the drug involved exceeds the bulk amount,
preparation of drugs for sale is a felony of the fourth degree,
and there is a presumption for a prison term for the offense. If
the amount of the drug involved exceeds the bulk amount and
if the offense was committed in the vicinity of a school SAFETY ZONE or in
the vicinity of a juvenile, preparation of drugs for sale is a
felony of the third degree, and there is a presumption for a
prison term for the offense.
(3) If the drug involved in the violation is marihuana or
a compound, mixture, preparation, or substance containing
marihuana other than hashish, whoever violates division
(A) of this section is guilty
of preparation of marihuana for sale. The penalty for the
offense shall be determined as follows:
(a) Except as otherwise provided in divisions
(C)(3)(b) and (c) of
this section, preparation of marihuana for sale is a felony of
the fifth degree, and division
(C) of section 2929.13 of the
Revised
Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(2)(c) of this section, if the offense
was committed in the vicinity of a school SAFETY ZONE or in the vicinity of
a juvenile, preparation of marihuana for sale is a felony of the
fourth degree, and division (C)
of section 2929.13 of the
Revised
Code applies in determining
whether to impose a prison term upon the offender.
(c) If the amount of the drug involved exceeds two
hundred grams, preparing marihuana for sale is a felony of the
fourth degree, and division (C)
of section 2929.13 of the
Revised
Code applies in determining
whether to impose a prison term on the offender. If the amount
of the drug involved exceeds that amount and if the offense was
committed in the vicinity of a school SAFETY ZONE or in the vicinity of a
juvenile, preparing marihuana for sale is a felony of the third
degree, and division (C) of
section 2929.13 of the Revised
Code applies in determining
whether to impose a prison term upon the offender.
(4) If the drug involved in the violation is cocaine or a
compound, mixture, preparation, or substance containing cocaine,
whoever violates division (A)
of this section is guilty of preparation of cocaine for sale. The
penalty for the offense shall be determined as
follows:
(a) Except as otherwise provided in divisions
(C)(4)(b) and (c)
of this section, preparation of cocaine for sale is a
felony of the fifth degree, and division
(C) of section 2929.13 of the
Revised
Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(4)(c) of this section, if the
offense was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, preparation of cocaine for sale is a
felony of the fourth degree, and division
(C) of section 2929.13 of the
Revised
Code applies in determining
whether to impose a prison term upon the offender.
(c) If the amount of the drug involved exceeds five
grams of cocaine that is not crack cocaine or exceeds one gram
of crack cocaine, preparation of cocaine for sale is a felony of
the fourth degree, and there is a presumption for a prison term
for the offense. If the amount of the drug involved exceeds one
of those amounts and if the offense was committed in the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile,
preparation of cocaine for sale is a felony of the third degree,
and there is a presumption for a prison term for the
offense.
(5) If the drug involved in the violation is
L.S.D.
or a compound, mixture, preparation, or substance containing
L.S.D.,
whoever violates division (A)
of this section is guilty of preparation of
L.S.D.
for sale. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in divisions
(C)(5)(b) and (c) of this section,
preparation of
L.S.D.
for sale is a felony of the fifth degree, and division
(C) of section 2929.13 of the
Revised
Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(5)(c) of this section, if the
offense was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, preparation of
L.S.D.
for sale is a felony of the fourth degree, and division
(C) of section 2929.13 of the
Revised
Code applies in determining
whether to impose a prison term upon the offender.
(c) Except as otherwise provided in this division,
if the amount of the drug involved exceeds ten unit doses of
L.S.D.
in a solid form or exceeds one gram of
L.S.D.
in a liquid concentrate, liquid extract, or liquid distillate
form, preparation of
L.S.D.
for sale is a felony of the fourth degree, and there is a
presumption for a prison term for the offense. If the amount of
the drug involved exceeds one of those amounts and if the
offense was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, preparation of
L.S.D.
for sale is a felony of the third degree, and there is a
presumption for a prison term for the offense.
(6) If the drug involved in the violation is heroin or a
compound, mixture, preparation, or substance containing heroin,
whoever violates division (A)
of this section is guilty of preparation of heroin for sale. The
penalty for the offense shall be determined as
follows:
(a) Except as otherwise provided in division
(C)(6)(b) and (c) of
this section, preparation of heroin for sale is a felony of the
fifth degree, and division (C)
of section 2929.13 of the
Revised
Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(6)(c) of this section, if the offense
was committed in the vicinity of a school SAFETY ZONE or in the vicinity of
a juvenile, preparation of heroin for sale is a felony of the
fourth degree, and division (C)
of section 2929.13 of the
Revised
Code applies in determining
whether to impose a prison term upon the offender.
(c) Except as otherwise provided in this division,
if the amount of the drug involved exceeds one gram, preparation
of heroin for sale is a felony of the fourth degree, and there
is a presumption for a prison term for the offense. If the
amount of the drug involved exceeds that amount and if the
offense was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, preparation of heroin for sale is a
felony of the third degree, and there is a presumption for a
prison term for the offense.
(7) If the drug involved in the violation is hashish or a
compound, mixture, preparation, or substance containing hashish,
whoever violates division (A)
of this section is guilty of preparation of hashish for sale. The
penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b) and (c) of
this section, preparation of hashish for sale is a felony of the
fifth degree, and division (C)
of section 2929.13 of the
Revised
Code applies in determining
whether to impose a prison term on the offender.
(b) If the offense was committed in the vicinity of a school SAFETY ZONE or in the vicinity of a juvenile, preparation of
hashish for sale is a felony of the fourth degree, and division
(C) of section 2929.13 of the
Revised
Code applies in determining
whether to impose a prison term upon the offender.
(c) If the amount of the drug involved exceeds ten
grams of hashish in a solid form or exceeds two grams of hashish
in a liquid concentrate, liquid extract, or liquid distillate
form, preparation of hashish for sale is a felony of the fourth
degree, and division (C) of
section 2929.13 of the Revised
Code applies in determining
whether to impose a prison term on the offender. If the amount
of the drug involved exceeds one of those amounts and if the
offense was committed in the vicinity of a school SAFETY ZONE or in the
vicinity of a juvenile, preparation of hashish for sale is a
felony of the third degree, and division (C) of section 2929.13
of the Revised
Code applies in determining
whether to impose a prison term upon the offender.
(D) In addition to any
prison term or other sanction authorized or required by division
(C) of this section and
sections 2929.13 and 2929.14 of the
Revised
Code, and in addition to any
other sanction imposed for the offense under this section or
sections 2929.11 to 2929.18 of the
Revised
Code, the court that sentences
an offender who is convicted of or pleads guilty to a violation
of division (A) of this section
shall do all of the following that are applicable regarding the
offender:
(1) If the violation is a felony of the third degree, the
court shall impose upon the offender the mandatory fine
specified for the offense under division
(B)(1) of section 2929.18 of
the Revised
Code unless, as specified in
that division, the court determines that the offender is
indigent. The clerk of the court shall pay a mandatory fine
imposed under division (D)(1)
of this section in the manner specified for the payment of a
mandatory fine in division (F)
of section 2925.03 of the
Revised
Code. If a person is charged
with a violation of this section that is a felony of the third
degree, posts bail, and forfeits the bail, the clerk of the
court shall pay the forfeited bail, pursuant to division
(F) of section 2925.03 of the
Revised
Code, as if the forfeited bail
was a fine imposed for a violation of this section.
(2) The court shall suspend the driver's or commercial
driver's license or permit of the offender in accordance with
division (G) of section 2925.03
of the Revised
Code.
(3) If the offender is a professionally licensed person or
a person who has been admitted to the bar by order of the
supreme court in compliance with its prescribed and published
rules, the court forthwith shall comply with section 2925.38 of
the Revised
Code.
(E) The court that sentences an offender for a
violation of division (A) of
this section may impose upon the offender an additional fine
specified for the offense in division
(B)(4) of section 2929.18 of
the Revised
Code. A fine imposed under
division (E) of this section
shall be used solely for the support of one or more eligible
alcohol and drug addiction programs as specified in divisions
(H)(2) and (3) of section
2925.03 of the Revised
Code. The court shall impose
the fine in the manner specified in division
(H)(2) of that section, and the
clerk of the court shall pay the fine in the manner specified in
division (H)(3) of that
section.
(F) When a person is
charged with a violation of this section that involves a bulk amount or a
multiple of a
bulk amount of a controlled substance, division
(E) of section 2925.03 of the
Revised
Code applies regarding the
determination of the amount of the controlled substance involved
at the time of the offense.
Sec. 2925.13. (A) No person who is the owner, operator,
or person in charge of a locomotive, watercraft, aircraft, or
other vehicle, as defined in division (A) of section 4501.01 of
the Revised Code, shall knowingly permit the vehicle to be used
for the commission of a felony drug abuse offense.
(B) No person who is the owner, lessee, or occupant, or
who has custody, control, or supervision, of premises or real
estate, including vacant land, shall knowingly permit the
premises or real estate, including vacant land, to be used for
the commission of a felony drug abuse offense by another person.
(C)(1) Whoever violates this section is guilty of permitting
drug abuse.
(2) Except as provided in division (C)(3) of this
section, permitting drug
abuse is
a misdemeanor of the first degree.
(3) Permitting drug abuse is a felony of the fifth
degree, and division (C) of
section 2929.13 of the Revised Code applies in determining whether to impose a
prison
term on the offender, if the felony drug abuse offense in question is a
violation of section 2925.02 or 2925.03 of the Revised Code that was committed
in the vicinity of a school SAFETY ZONE or in the vicinity of a
juvenile.
(D) In addition to any prison term authorized or required by division (C)
of this section and sections 2929.13 and 2929.14 of the Revised Code
and
in addition to any other sanction imposed for the offense under this section
or sections 2929.11 to
2929.18 of the Revised Code, the court that sentences
a person who is
convicted of or pleads
guilty to a violation of division (A) of this section shall do all of
the following that are applicable regarding the offender:
(1) The court shall suspend for not less
than six months or more than five years the driver's or
commercial driver's license or permit of the offender.
(2) If the offender is a professionally licensed person or a person who has
been admitted to the bar by order of the supreme court in
compliance with its prescribed and published rules, in addition
to any other sanction imposed for a violation of this section,
the court forthwith shall comply with section 2925.38 of the Revised Code.
(E) Notwithstanding any contrary provision of section 3719.21
of the Revised Code, the clerk of the court shall pay a fine imposed for a
violation of this section pursuant to division (A) of section 2929.18 of the
Revised Code in accordance with and subject to the requirements of division
(F) of section 2925.03 of the Revised Code. The agency that receives the fine
shall use the fine as specified in division (F) of section 2925.03 of the
Revised Code.
Sec. 2925.36. (A) No person shall knowingly furnish
another a sample drug.
(B) Division (A) of this section does not apply to
manufacturers, wholesalers, pharmacists, owners of pharmacies,
dentists, doctors of medicine and surgery, doctors of osteopathic
medicine and surgery, doctors of podiatry, veterinarians, and
other persons whose conduct is in accordance with Chapters 3719.,
4715., 4729., 4731., and 4741. of the Revised Code or to
optometrists whose conduct is in accordance with a valid
therapeutic pharmaceutical agents certificate issued under
Chapter 4725. of the Revised Code.
(C)(1) Whoever violates this section is guilty of illegal
dispensing of drug samples.
(2) If the drug involved in the offense is a compound, mixture,
preparation, or substance included in schedule I or II, with the
exception of marihuana, the penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(2)(b) of this section,
illegal dispensing of drug samples is a felony of the fifth degree,
and, subject to division (E) of
this section, division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(b) If the offense was committed in the vicinity of a school SAFETY
ZONE or in the vicinity of a juvenile, illegal dispensing of drug samples
is a felony of the fourth degree, and, subject to division (E) of this
section,
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(3) If the drug involved in the offense is a dangerous drug or a compound,
mixture, preparation, or substance included in schedule III, IV, or
V, or is marihuana, the penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b) of this section, illegal dispensing of
drug samples is a misdemeanor of the second degree.
(b) If the offense was committed in the vicinity of
a school SAFETY ZONE or
in the vicinity of a juvenile, illegal dispensing of drug samples
is a misdemeanor of the first degree.
(D) In addition to any prison term authorized or
required by division (C) or (E) of this section and
sections 2929.13 and 2929.14 of the Revised Code and in addition to any other
sanction imposed for the offense under this section or sections 2929.11 to
2929.18 of the Revised Code, the court that
sentences an offender who is convicted of or pleads guilty to a violation of
division (A) of this section shall do both of the following:
(1) The court shall suspend for not less
than six months or more than five years the driver's or
commercial driver's license or permit of any person who is convicted of or
has pleaded guilty to a violation of this section.
(2) If the offender is a professionally licensed person or a person who has
been admitted to the bar by order of the supreme court in
compliance with its prescribed and published rules, in addition
to any other sanction imposed for a violation of this section,
the court forthwith shall comply with section 2925.38 of the Revised
Code.
(E) Notwithstanding the prison term authorized or required by
division (C) of this section and sections 2929.13 and 2929.14 of the Revised
Code, if the violation of division (A) of this section involves the sale,
offer to sell, or possession of a schedule I or II
controlled substance, with the exception of marihuana, and if the offender, as
a result of the violation, is a major drug offender, the court, in lieu of the
prison term otherwise authorized or required, shall impose upon
the offender the mandatory prison term specified in division
(D)(3)(a) of section 2929.14 of the Revised Code and may impose an additional
prison
term under division (D)(3)(b) of that section.
(F) Notwithstanding any contrary provision of
section 3719.21 of the Revised Code, the clerk of the court shall pay a fine
imposed for a
violation of this section pursuant to division (A) of section 2929.18 of the
Revised Code in accordance with and subject to the requirements of division
(F) of section 2925.03 of the Revised Code. The agency that receives the fine
shall use the fine as specified in division (F) of section 2925.03 of the
Revised Code.
Sec. 2925.37. (A) No person shall knowingly possess any
counterfeit controlled substance.
(B) No person shall knowingly make, sell, offer to sell,
or deliver any substance that the person knows is a counterfeit
controlled substance.
(C) No person shall make, possess, sell, offer to sell, or
deliver any punch, die, plate, stone, or other device knowing or
having reason to know that it will be used to print or reproduce
a trademark, trade name, or other identifying mark upon a
counterfeit controlled substance.
(D) No person shall sell, offer to sell, give, or deliver
any counterfeit controlled substance to a juvenile.
(E) No person shall directly or indirectly represent a
counterfeit controlled substance as a controlled substance by
describing its effects as the physical or psychological effects
associated with use of a controlled substance.
(F) No person shall directly or indirectly falsely
represent or advertise a counterfeit controlled substance as a
controlled substance. As used in this division, "advertise"
means engaging in "advertisement," as defined in section 3715.01
of the Revised Code.
(G) Whoever violates division (A) of this section is
guilty of possession of counterfeit controlled substances, a
misdemeanor of the first degree.
(H) Whoever violates division (B) or (C) of this section
is guilty of trafficking in counterfeit controlled substances. Except as
otherwise provided
in this division, trafficking in counterfeit controlled substances is a
felony of the fifth degree, and division (C) of section 2929.13 of the Revised
Code applies in determining whether to impose a prison term on the offender.
If the offense was committed in the vicinity of a school SAFETY
ZONE or in the vicinity of
a juvenile, trafficking in counterfeit controlled substances is a felony of
the fourth degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the offender.
(I) Whoever violates division (D) of this section is
guilty of aggravated trafficking in counterfeit controlled
substances. Except as otherwise provided in this division, aggravated
trafficking in counterfeit controlled
substances is a felony of the fourth degree, and division
(C) of
section 2929.13 of the Revised Code applies in determining whether to impose a
prison term on
the offender.
(J) Whoever violates division (E) of this section is
guilty of promoting and encouraging drug abuse. Except as otherwise provided
in this division, promoting and encouraging drug
abuse is a felony of the fifth degree, and division (C) of section
2929.13 of the Revised Code applies in determining whether to impose a prison
term on the offender. If the offense was committed in the
vicinity of a school SAFETY ZONE or in the vicinity of a juvenile,
promoting and
encouraging drug abuse is a felony of the fourth degree, and division (C) of
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(K) Whoever violates division (F) of this section is
guilty of fraudulent drug advertising. Except as otherwise provided in this
division, fraudulent drug advertising is a felony of the fifth
degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If the offense
was committed in the vicinity of
a school SAFETY ZONE or in the vicinity of a juvenile, fraudulent drug
advertising is a
felony of the fourth degree, and division (C)
of section 2929.13 of the Revised Code applies in determining whether to impose a prison term
on the offender.
(L) In addition to any prison
term authorized or required by divisions (H) to
(K) of this section and sections 2929.13 and 2929.14
of the Revised Code and in addition to any other sanction imposed for the
offense under this section or sections 2929.11 to
2929.18 of the Revised
Code, the court that sentences an offender who is convicted of or
pleads guilty to a violation of division (B),
(C), (D), (E), or (F) of this section shall do both of the following:
(1) The court shall suspend for not less
than six months or more than five years the driver's
or commercial driver's license or permit of any person who is
convicted of or
has pleaded guilty to any other violation of this section.
(2) If the offender is a professionally licensed person
or a person who
has been admitted to the bar by order of the supreme court in
compliance with its prescribed and published rules, in addition
to any other sanction imposed for a violation of
this section, the court forthwith shall comply with section 2925.38 of the
Revised
Code.
(M) Notwithstanding any contrary provision of
section 3719.21 of the Revised Code, the clerk of the court shall pay a fine
imposed for a violation of this section pursuant to division
(A) of section 2929.18 of the Revised Code in accordance with and
subject to the requirements of division (F) of section
2925.03 of the Revised Code. The agency that receives the fine shall use the
fine as specified in division (F) of section 2925.03
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)(1) EXCEPT AS PROVIDED IN DIVISION
(J)(2) OF THIS SECTION,
IF AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO 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 OF VIOLENCE IN A SCHOOL SAFETY
ZONE, THE COURT, IN ITS DISCRETION, MAY IMPOSE ONE OF THE
FOLLOWING SENTENCES:
(a) IF THE OFFENSE OF VIOLENCE
COMMITTED IS A MISDEMEANOR, A SENTENCE FOR A FELONY OF THE FIFTH
DEGREE;
(b) IF THE OFFENSE OF VIOLENCE
COMMITTED IS A FELONY, A SENTENCE FOR A FELONY THAT IS ONE
DEGREE HIGHER THAN THE OFFENSE OF VIOLENCE COMMITTED.
(2) THE COURT SHALL NOT IMPOSE ANY SENTENCE DESCRIBED IN
DIVISION (J)(1)(a) OR (b) OF THIS
SECTION UPON AN OFFENDER FOR
A VIOLATION OF SECTION 2903.13 OR 2923.161 OF THE
REVISED CODE THAT IS COMMITTED IN A
SCHOOL SAFETY ZONE.
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 THE OFFENSE OF VIOLENCE SPECIFIES THAT THE
OFFENDER COMMITTED THE OFFENSE OF VIOLENCE IN A SCHOOL SAFETY
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 THE OFFENSE OF VIOLENCE 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 AFFORD AN OPPORTUNITY FOR
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 TO OFFER
SUGGESTIONS AND COMMENTS ON THE PLAN. 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. 3313.66. (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) 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, OR ONTO PROPERTY AT WHICH AN ACTIVITY, EVENT, OR PROGRAM SPONSORED
BY OR IN WHICH THE DISTRICT IS A PARTICIPANT WAS BEING
CONDUCTED, 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 expulsion 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 ONTO PROPERTY AT
WHICH
AN ACTIVITY, EVENT, OR PROGRAM SPONSORED BY OR IN WHICH THE DISTRICT IS A
PARTICIPANT WAS BEING CONDUCTED, or for possessing a
firearm
or knife at a school or, on any other property owned or
controlled by the board, OR ON PROPERTY AT WHICH AN ACTIVITY, EVENT,
OR PROGRAM SPONSORED BY OR IN WHICH THE DISTRICT IS A PARTICIPANT WAS
BEING CONDUCTED,
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 ON PROPERTY AT WHICH AN ACTIVITY, EVENT, OR PROGRAM SPONSORED BY THE
DISTRICT OR IN WHICH THE DISTRICT IS A PARTICIPANT WAS BEING CONDUCTED. 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 or suspension by a
superintendent or
principal 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 (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.
Section 2. That existing sections 2901.01, 2903.13, 2917.11,
2923.122, 2923.161, 2925.01, 2925.02, 2925.03, 2925.07, 2925.13,
2925.36, 2925.37, 2929.14, 3313.66, 3313.661, and 3313.664 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. Section 2925.01
of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. S.B. 66 and Am. S.B. 117 of the 122nd General Assembly, with the new
language of neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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