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|
As Introduced
123rd General Assembly
Regular Session
1999-2000 | S. B. No. 22 |
SENATOR JOHNSON
A BILL
To amend sections 2323.59, 2929.01, 2929.13, 2929.16, 2929.18, 2929.23,
3793.10, 4503.233, 4507.164, 4511.19,
4511.191, 4511.99, and 5120.161 of
the Revised Code to establish stricter penalties for a person
who commits state OMVI and has a concentration of .17 of one per
cent or more by weight of alcohol in the person's blood, a
concentration of .17 of one gram or more by weight of alcohol
per 210 liters of the person's breath, or a concentration of
.238 of one gram or more by weight of alcohol per 100
milliliters of the person's urine.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2323.59, 2929.01, 2929.13, 2929.16,
2929.18, 2929.23, 3793.10, 4503.233, 4507.164, 4511.19,
4511.191, 4511.99, and 5120.161
of the Revised Code be amended to read as follows:
Sec. 2323.59. (A) As used in this section:
(1) "Harm" means injury, death, or loss to
person or property.
(2) "Tort action" means a civil action for
damages for injury, death, or loss to person or
property. "Tort action" includes a product liability
claim but does not include a civil action
for damages for a breach of contract or another agreement between
persons.
(3) "Trier of fact" means the jury or, in a
nonjury action, the court.
(B) In a tort action involving a plaintiff who was operating a
motor vehicle at the time of the occurrence of the harm for which the
plaintiff seeks to recover damages, if a defendant establishes by a
preponderance of the
evidence that the plaintiff or the person for whom the plaintiff is legal
representative had an alcohol A concentration equal to or
greater than that
specified in division (A)(2), (3), or (4) of section 4511.19 of the Revised
Code
OF TEN-HUNDREDTHS OF ONE PER CENT OR MORE BY WEIGHT OF
ALCOHOL IN THE PLAINTIFF'S OR PERSON'S BLOOD, A CONCENTRATION OF
TEN-HUNDREDTHS OF ONE GRAM OR MORE BY WEIGHT OF ALCOHOL PER TWO
HUNDRED TEN LITERS OF THE PLAINTIFF'S OR PERSON'S BREATH, OR A
CONCENTRATION OF FOURTEEN-HUNDREDTHS OF ONE GRAM OR MORE BY
WEIGHT OF ALCOHOL PER ONE HUNDRED MILLILITERS OF THE PLAINTIFF'S
OR PERSON'S URINE,
was under the influence of a drug of abuse, or had an alcohol concentration of
that nature and was under the influence of a drug of abuse, at the time of the
occurrence of the harm for which the plaintiff seeks to recover damages, it
shall be presumed that the alcohol, drug of abuse, or alcohol and drug of
abuse was the proximate cause of the harm for which the plaintiff
seeks to recover
damages. This presumption may be rebutted only by clear and convincing
evidence that the alcohol,
drug of abuse, or alcohol and drug of abuse was not
the proximate cause of the harm for which the plaintiff seeks to recover
damages.
(C) The trier of fact in a tort action shall consider the use of
alcohol, a drug of abuse, or
alcohol and a drug of abuse by the plaintiff
in determining contributory negligence or other contributory
tortious conduct and may diminish pursuant to section 2315.19 or 2315.20 of
the Revised Code
a recovery of compensatory damages in the tort action because of the
plaintiff's use of alcohol, a drug of abuse, or alcohol and a drug of
abuse.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to division (A)(2)
of this section, any facility other than an offender's home
or residence in which an offender is assigned to live
and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek or maintain
employment or may receive education, training, treatment, or
habilitation.
(b) It has received the appropriate license or certificate for any
specialized education, training, treatment, habilitation, or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education, training, treatment, habilitation, or service.
(2) "Alternative residential facility" does
not include a community-based correctional facility, jail,
halfway house, or prison.
(B) "Bad time" means the time by which the parole board
administratively extends an offender's stated prison term or terms pursuant to
section 2967.11 of the Revised Code because the parole board
finds by clear and convincing evidence that the
offender, while serving the prison term or terms, committed an
act that is a criminal offense under the law of this state or the
United States, whether or not the offender is prosecuted for
the commission of that act.
(C) "Basic supervision" means a
requirement that the offender maintain contact with a person
appointed
to supervise the offender in accordance
with sanctions imposed by the court or imposed by the parole board pursuant to
section 2967.28 of the Revised Code.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and "unit dose" have the
same meanings as in section 2925.01 of the Revised Code.
(E) "Community-based correctional
facility" means a community-based correctional facility and
program or district community-based correctional facility and
program developed pursuant to sections 2301.51 to 2301.56 of the
Revised Code.
(F) "Community control sanction"
means a sanction that is not a prison term and that is described
in section 2929.15, 2929.16, 2929.17, or 2929.18 of the Revised
Code.
(G) "Criminally injurious conduct"
means any conduct of the type that is described in division
(C)(1) or (2) of section 2743.51 of the Revised
Code and that occurs on or after July 1, 1996, or any activity that
is described in divisions (C)(3) and (R) of section 2743.51
of the Revised Code and that occurs on or
after the effective date of this amendment MARCH
10, 1998.
(H) "Controlled substance," "marihuana," "schedule I," and
"schedule II" have the same meanings as in
section 3719.01 of the Revised Code.
(I) "Curfew" means a requirement that
an offender during a specified period of time be at a designated
place.
(J) "Day reporting" means a sanction
pursuant to which an offender is required each day to report to
and leave a center or other approved reporting location at
specified times in order to participate in work, education or
training, treatment, and other approved programs at the center or
outside the center.
(K) "Deadly weapon" has the same
meaning as in section 2923.11 of the Revised
Code.
(L) "Drug and alcohol use monitoring"
means a program under which an offender agrees to submit to
random chemical analysis of the offender's blood, breath, or urine to
determine whether the offender has ingested any alcohol or other
drugs.
(M) "Drug treatment program" means
any program under which a person undergoes assessment and treatment designed
to
reduce or completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and treatment on an outpatient basis or may be required to
reside at a facility other than the person's home or residence while
undergoing assessment and treatment.
(N) "Economic loss" means any
economic detriment suffered by a victim as a result of criminally
injurious conduct and includes any loss of income due to lost
time at work because of any injury caused to the victim, and any
property loss, medical cost, or funeral expense incurred as a
result of the criminally injurious conduct.
(O) "Education or training" includes
study at, or in conjunction with a program offered by, a
university, college, or technical college or vocational study and
also includes the completion of primary school, secondary school,
and literacy curriculums or their equivalent.
(P) "Electronically monitored house
arrest" has the same meaning as in section 2929.23 of the
Revised Code.
(Q) "Eligible offender" has the same
meaning as in section 2929.23 of the Revised Code
except as otherwise specified in section 2929.20 of the
Revised Code.
(R) "Firearm" has the same meaning as
in section 2923.11 of the Revised Code.
(S) "Halfway house" means a facility
licensed by the division of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the Revised Code as a suitable
facility for the care and treatment of adult offenders.
(T) "House arrest" means a period of confinement of an eligible offender that
is in the eligible offender's home or in other premises specified by the
sentencing court or by the parole board
pursuant to section 2967.28 of the Revised Code, that may be
electronically monitored house arrest, and during which all of
the following apply:
(1) The eligible offender is required to remain in the eligible offender's
home or other specified premises
for the
specified period of confinement, except for periods of time
during which the eligible offender is at the eligible offender's place of
employment or at other
premises as authorized by the sentencing court or by the parole board.
(2) The eligible offender is required
to report periodically to a person designated by the
court or parole board.
(3) The eligible offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or by the parole board.
(U) "Intensive supervision" means a
requirement that an offender maintain frequent contact with a
person appointed by the court, or by the parole board pursuant to section
2967.28 of the Revised Code, to supervise the offender while the
offender is seeking or maintaining necessary employment and
participating in training, education, and treatment programs as
required in the court's or parole board's order.
(V) "Jail" means a jail, workhouse,
minimum security jail, or other residential facility
used for the confinement of alleged or convicted offenders that
is operated by a political subdivision or a combination of
political subdivisions of this state.
(W) "Delinquent child" has the same meaning as in section 2151.02 of the
Revised Code.
(X) "License violation report" means
a report that is made by a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board or agency that issued an offender a professional
license or a license or permit to do business
in this state and that specifies that the offender has been
convicted of or pleaded guilty to an offense that may violate the
conditions under which the offender's professional license or
license or permit to do business in this state was granted or an offense
for which the offender's professional license or license or permit to do
business in this state may be revoked or suspended.
(Y) "Major drug offender" means an
offender who is convicted of or pleads guilty to the possession
of, sale of, or offer to sell any drug, compound, mixture,
preparation, or substance that consists of or contains at least
one thousand grams of hashish; at least one hundred
grams of crack cocaine; at least one thousand grams of cocaine that is not
crack cocaine; at least two hundred fifty grams of
heroin; at least five thousand unit doses of
L.S.D.; or at least one hundred times the
amount of any other schedule I or II controlled
substance other than marihuana that is necessary to commit a
felony of the third degree pursuant to section 2925.03, 2925.04,
2925.05, 2925.06, or 2925.11 of the Revised Code
that is based on the possession of, sale of, or offer to sell the
controlled substance.
(Z) "Mandatory prison term" means one any of the following:
(1) Subject to division (DD)(Z)(2) of this section,
the term in prison that must be imposed for the offenses or
circumstances set forth in divisions (F)(1) to (9) or (F)(10) of section
2929.13 and division (D) of section 2929.14 of the
Revised Code. Except as provided in sections
2925.02, 2925.03, 2925.04, 2925.05, and 2925.11 of the
Revised Code, unless the maximum or another
specific term is required under section 2929.14 of the
Revised Code, a mandatory prison term described in this division may be
any prison term authorized for the level of offense.
(2) The term of sixty OR ONE HUNDRED TWENTY days in prison
that a sentencing court is required to impose for a fourth degree felony
OMVI offense pursuant
to division (G)(2) of section 2929.13 and division (A)(4) OR
(8) of section 4511.99 of the Revised Code.
(3) The term in prison imposed pursuant to section 2971.03
of the Revised Code for the offenses and in the circumstances described in
division (F)(9) of section 2929.13 of the Revised Code and that term as
modified or terminated pursuant to
section 2971.05 of the Revised Code.
(AA) "Monitored time" means a period
of time during which an offender continues to be under the
control of the sentencing court or parole board, subject to no
conditions other than leading a law-abiding life.
(BB) "Offender" means a person who,
in this state, is convicted of or pleads guilty to a felony or a
misdemeanor.
(CC) "Prison" means a residential
facility used for the confinement of convicted felony offenders
that is under the control of the department of rehabilitation and
correction but does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code.
(DD) "Prison term" includes any of the following sanctions for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the
approval of, the sentencing court pursuant to section 2929.20,
2967.26, 5120.031, 5120.032, or 5120.073 of the
Revised Code;
(3) A term in prison extended by bad time imposed
pursuant to section 2967.11 of the Revised Code
or imposed for a violation of post-release control pursuant to
section 2967.28 of the Revised Code.
(EE) "Repeat violent offender" means
a person about whom both of the following apply:
(1) The person has been convicted of or has pleaded
guilty to, and is being sentenced for committing, for
complicity in committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree
other than one set forth in Chapter 2925. of the Revised
Code, a felony of the first degree set forth in Chapter
2925. of the Revised Code that involved an attempt
to cause serious physical harm to a person or that resulted in serious
physical harm to a person, or a
felony of the second degree that involved an attempt to cause serious physical
harm to a person
or that resulted in serious physical harm to a person.
(2) Either of the following applies:
(a) The person previously was convicted of or pleaded
guilty to, and served a prison term for, any of the following:
(i) Aggravated murder, murder, involuntary manslaughter, rape, felonious
sexual penetration as it existed under
section 2907.12 of the Revised Code as it existed prior to September 3,
1996, a felony of the first or second degree that resulted in the death
of a person or in physical harm to a person, or complicity in or an attempt
to commit any of those offenses;
(ii) An offense under an existing or
former law of this state, another state, or the
United States that is or was substantially equivalent to an offense listed
under division (EE)(2)(a)(i) of this section.
(b) The person previously was adjudicated a delinquent child for
committing an act that if committed by an adult would have been an offense
listed in division
(EE)(2)(a)(i) or (ii) of this
section, the person was committed to the department of youth services for that
delinquent act, and the juvenile court in which the person was adjudicated a
delinquent child made a specific finding that the adjudication should be
considered
a conviction for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender.
(FF) "Sanction" means any penalty
imposed upon an offender who is convicted of or pleads guilty to
an offense, as punishment for the offense. "Sanction"
includes any sanction imposed pursuant to any provision of
sections 2929.14 to 2929.18 of the Revised Code.
(GG) "Sentence" means the sanction or
combination of sanctions imposed by the sentencing court on an
offender who is convicted of or pleads guilty to a felony.
(HH) "Stated prison term" means the
prison term, mandatory prison term, or combination of all
prison terms and mandatory prison terms imposed by the
sentencing court pursuant to section 2929.14 or 2971.03 of the
Revised Code. "Stated prison term"
includes any credit received by the offender for time spent in
jail awaiting trial, sentencing, or transfer to prison for the
offense and any time spent under house arrest or electronically
monitored house arrest imposed after earning credits pursuant to
section 2967.193 of the Revised Code.
(II) "Victim-offender mediation"
means a reconciliation or mediation program that involves an
offender and the victim of the offense committed by the offender and that
includes a meeting in which the offender and the victim may discuss the
offense, discuss restitution, and consider other sanctions for
the offense.
(JJ) "Fourth degree felony
OMVI offense" means a violation of division (A) of section
4511.19 of the Revised
Code that, under section 4511.99 of
the Revised
Code, is a felony of the fourth degree.
(KK) "Mandatory term of local
incarceration" means the term of sixty OR ONE HUNDRED TWENTY days in a
jail, a
community-based correctional facility, a halfway house, or an alternative
residential facility that a sentencing court is required to impose upon a
person who is convicted of or pleads guilty to a fourth degree felony
OMVI offense pursuant to division (G)(1) of section
2929.13 of the Revised Code and division (A)(4) OR (8) of
section 4511.99 of the Revised Code.
(LL) "Designated homicide, assault, or kidnapping
offense," "sexual motivation specification," "sexually violent offense,"
"sexually violent predator," and "sexually violent predator specification"
have the same meanings as in section 2971.01 of the Revised Code.
(MM) "Habitual sex offender," "sexually oriented
offense," and "sexual predator" have the same meanings as in section 2950.01
of the Revised Code.
Sec. 2929.13. (A) Except as provided in
division (E), (F), or (G) of this section and unless a
specific sanction is required to be imposed or is precluded from
being imposed pursuant to law, a court that imposes a sentence
upon an offender for a felony may impose any sanction or
combination of sanctions on the offender that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on state or local government resources.
If the offender is eligible to be sentenced to community control sanctions,
the court shall consider the
appropriateness of imposing a financial sanction pursuant to
section 2929.18 of the Revised Code or
a sanction of community service
pursuant to section 2929.17 of the Revised Code
as the sole sanction for the offense. Except as otherwise provided in this
division, if the court is required
to impose a mandatory prison term for the offense for which
sentence is being imposed, the court also may impose a financial
sanction pursuant to section 2929.18 of the Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code.
If the offender is being sentenced for a fourth degree felony
OMVI offense, in addition to the mandatory term of local
incarceration or the mandatory prison term required for
the offense by
division (G)(1) or (2) of this section, the
court shall impose upon the offender a mandatory fine in accordance with
division (B)(3) of section 2929.18 of the
Revised Code
and may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the offender
be sentenced to a mandatory term of local incarceration, an additional
community control sanction
or combination of community control sanctions under section 2929.16 or 2929.17
of the Revised
Code;
(2) If division (G)(2) of this section requires that the offender
be sentenced to a mandatory prison term, an additional prison term as
described in division (D)(4) of section 2929.14 of the Revised Code.
(B)(1) Except as provided in division (B)(2),
(E), (F), or (G) of this section, in sentencing an offender for a
felony of the fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply:
(a) In committing the offense, the offender caused
physical harm to a person.
(b) In committing the offense, the offender attempted
to cause or made an actual threat of physical harm to a person
with a deadly weapon.
(c) In committing the offense, the offender attempted
to cause or made an actual threat of physical harm to a person,
and the offender previously was convicted of an offense that
caused physical harm to a person.
(d) The offender held a public office or position of
trust and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense
or to bring those committing it to justice; or the offender's
professional reputation or position facilitated the offense or
was likely to influence the future conduct of others.
(e) The offender committed the offense for hire or as part
of an organized criminal activity.
(f) The offense is a sex offense that is a fourth or
fifth degree felony violation of section 2907.03, 2907.04,
2907.05, 2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the Revised Code.
(g) The offender previously served a prison term.
(h) The offender previously was subject to a community control
sanction, and the offender committed
another offense while under the sanction.
(2)(a) If the court makes a finding
described in division (B)(1)(a), (b), (c), (d), (e), (f), (g),
or (h) of this section and if the court, after
considering the factors set forth in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the offender is not amenable to an available
community control sanction, the court shall impose a
prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this section, if the
court does not make a
finding described in division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h)
of this section and if the court, after
considering the factors set forth in section 2929.12 of the
Revised
Code, finds that a community
control sanction or combination of community control sanctions
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the
Revised
Code, the court shall impose a
community control sanction or combination of community control
sanctions upon the offender.
(C) Except as provided in division (E)
or (F) of this section, in determining whether to impose a prison
term as a sanction for a felony of the
third degree or a felony drug offense that is a
violation of a provision of
Chapter 2925. of the
Revised
Code and that is specified as
being subject to this division for purposes of sentencing, the
sentencing court shall comply with the purposes and principles
of sentencing under section 2929.11 of the
Revised
Code and with section 2929.12
of the Revised Code.
(D) Except as provided in division (E)
or (F) of this section, for a felony of the first or
second degree and for a felony drug offense that is a violation
of any provision of Chapter 2925., 3719., or 4729. of the
Revised Code for which a presumption in favor of
a prison term is specified as being applicable, it is presumed
that a prison term is necessary in order to comply
with the purposes and principles of sentencing under section 2929.11 of the
Revised Code. Notwithstanding the presumption established
under this division, the sentencing court may
impose a community control sanction or a combination of community control
sanctions instead of a prison term on an offender for a felony of the first or
second degree or for a felony drug offense that is a violation of any
provision of Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being applicable if
it makes both of
the following findings:
(1) A community control sanction or a combination of community control
sanctions would
adequately punish the offender and protect the public from future
crime, because the applicable factors
under section 2929.12
of the Revised Code indicating a lesser
likelihood of recidivism
outweigh the applicable factors under that section
indicating a
greater likelihood of recidivism.
(2) A community control sanction or a combination of community control
sanctions would not
demean the seriousness of the offense, because one or more
factors under section 2929.12 of the Revised
Code that indicate that the offender's conduct was less serious than
conduct normally constituting the offense are applicable, and they outweigh
the applicable factors under that section that indicate that the
offender's conduct was more
serious than conduct normally constituting the offense.
(E)(1) Except as provided in division
(F) of this section, for any drug offense that is a
violation of any provision of Chapter 2925.
of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption under division (D) of this section in favor of a prison
term or of division (B) or (C) of this section in
determining
whether to impose a prison term for the offense shall be
determined as specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37 of the Revised Code,
whichever is applicable regarding the violation.
(2) If an offender who was convicted of or pleaded guilty to a felony drug
offense in violation of a provision of Chapter 2925.,
3719., or 4729. of the Revised Code violates the conditions of a community
control sanction imposed for the offense solely by
possessing or using a
controlled substance and if the offender has not failed to meet the conditions
of any drug treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as punishment for the
violation of the sanction, shall order that the offender participate in a drug
treatment program or in alcoholics anonymous, narcotics anonymous, or a
similar program if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set forth in section
2929.11 of the Revised Code. If the court determines that an order of that
nature would not be consistent with those purposes and principles or if the
offender violated the conditions of a drug treatment program in which the
offender participated as a sanction for the offense, the court may impose on
the offender a sanction authorized for the violation of the sanction,
including a prison term.
(F) Notwithstanding divisions (A) to
(E) of this section, the court shall impose a prison
term or terms under sections 2929.02 to 2929.06, section 2929.14, or section
2971.03 of the Revised Code and except as specifically provided in
section 2929.20 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised
Code, shall not reduce the terms pursuant to section 2929.20, section
2967.193, or any other provision of
Chapter 2967. or Chapter 5120. of
the Revised Code for any of the following
offenses:
(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape by force
when
the victim is under
thirteen years of age;
(3) Gross sexual imposition or sexual battery, if the victim is under
thirteen
years of age, if the offender previously was convicted of or pleaded guilty to
rape, the former offense of felonious sexual penetration, gross sexual
imposition, or sexual
battery,
and if the victim of the previous offense was under thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07,
or 2903.08 of the Revised Code if the section requires the
imposition of a prison term;
(5) A first, second, or third degree felony drug
offense for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is
applicable regarding the violation, requires the imposition of a
mandatory prison term;
(6) Any offense that is a first or second degree felony
and that is not set forth in division (F)(1), (2), (3), or (4)
of this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or
second degree felony, or an offense under an existing or former law
of this state, another state, or the United States that is
or was substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 of the Revised
Code, that is a felony, if the offender had a
firearm on or about the offender's person or under the offender's control
while committing the felony, with respect to a portion of the
sentence imposed pursuant to division (D)(1)(a) of
section 2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of
the Revised Code when the most serious offense in
the pattern of corrupt activity that is the basis of the offense
is a felony of the first degree;
(9) Any sexually violent offense for which the offender also is convicted
of or pleads guilty to a sexually violent predator
specification that was included in the indictment, count in the indictment, or
information charging the sexually violent offense;
(10) A violation of division (A)(1) or (2) of section 2921.36 of the Revised
Code, or a violation of division (C) of that section involving an item listed
in division (A)(1) or (2) of that section, if the offender is an officer or
employee of the department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of
this section, if an offender is being sentenced for a fourth degree felony
OMVI offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in accordance with the
following:
(1) Except as provided in division (G)(2) of this section, the
court shall impose upon the offender a mandatory term of local incarceration
of sixty days as specified in division (A)(4) of section 4511.99 of
the Revised Code and OR A MANDATORY TERM OF LOCAL INCARCERATION OF
ONE HUNDRED TWENTY DAYS AS SPECIFIED IN DIVISION (A)(8) OF THAT
SECTION. THE COURT shall not reduce the term pursuant to
section 2929.20, 2967.193, or any other provision of the Revised
Code. The court that imposes a mandatory term of local incarceration
under this division shall specify whether the term is to be served in a
jail, a community-based correctional
facility, a halfway house, or an alternative residential facility, and the
offender shall serve the term in the type of facility specified
by the court. The court shall not sentence the offender to a prison term and
shall not specify that the offender is to serve the mandatory term of local
incarceration in prison. A mandatory term of local incarceration imposed
under division (G)(1) of this section is not subject to extension
under section 2967.11 of the Revised Code, to a period of post-release control
under section 2967.28 of the Revised Code, or to any other Revised Code
provision that pertains to a prison term.
(2) If the offender previously has been sentenced to a mandatory term
of local incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OMVI offense, the court shall impose upon the
offender a mandatory prison term of sixty days as specified in division (A)(4)
of section 4511.99 of the Revised Code and OR A MANDATORY TERM OF
LOCAL INCARCERATION OF ONE HUNDRED TWENTY DAYS AS SPECIFIED IN DIVISION
(A)(8) OF THAT SECTION. THE COURT shall not reduce the term
pursuant
to section 2929.20, 2967.193, or any other provision of the Revised Code. In
no case shall an offender who once has been sentenced to a mandatory term
of local incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OMVI offense be sentenced to another mandatory
term of local incarceration under that division for a fourth degree felony
OMVI offense. The court shall not sentence the offender to a
community control sanction under section 2929.16 or 2929.17 of the Revised
Code. The department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an intensive
program prison established pursuant to section 5120.033 of the Revised
Code if the department gave the sentencing judge prior notice of its intent to
place the offender in an intensive program prison established under that
section and if the judge did not notify the department that the judge
disapproved the placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code that is privately operated
and managed by a contractor pursuant to a contract entered into under section
9.06 of the Revised Code, both of the following apply:
(a) The department of rehabilitation and correction shall make a
reasonable effort to ensure that a sufficient number of offenders sentenced to
a mandatory prison term under this division are placed in the privately
operated and managed prison so that the privately operated and managed prison
has full occupancy.
(b) Unless the privately operated and managed prison has full
occupancy, the department of rehabilitation and correction shall not place any
offender sentenced to a mandatory prison term under this division in any
intensive program prison established pursuant
to section 5120.033 of the Revised Code other
than the privately operated and managed prison.
(H) If an offender is being sentenced
for a sexually oriented offense committed on or after January 1,
1997, the judge shall
require the offender to submit to a
DNA specimen collection procedure pursuant to section 2901.07 of the
Revised Code
if either of the following applies:
(1) The offense was a sexually violent offense, and the offender also was
convicted of or pleaded guilty to a sexually violent predator specification
that was included in the indictment,
count in the indictment, or information charging the sexually violent offense.
(2) The judge imposing sentence for the sexually oriented offense
determines pursuant to division (B) of section 2950.09 of the Revised
Code that the offender is a sexual predator.
(I) If an offender is being sentenced
for a sexually oriented offense committed on or after January 1,
1997, the judge shall
include in the sentence a summary of the
offender's duty to register pursuant to section 2950.04 of the Revised Code,
the offender's duty to provide notice of a change in residence address and
register the new residence address pursuant to section 2950.05 of the Revised
Code, the offender's duty to periodically verify the offender's current
residence address pursuant to section 2950.06 of the Revised Code, and the
duration of the duties. The judge shall inform the offender, at the
time of sentencing, of those duties and of their duration and, if required
under division (A)(2) of section 2950.03 of
the Revised Code, shall perform the duties specified in that
section.
Sec. 2929.16. (A) The court imposing a
sentence for a felony upon an offender who is not required to
serve a mandatory prison term may impose any community
residential sanction or combination of community residential sanctions
under this section. The court imposing a sentence for a fourth degree felony
OMVI offense upon an offender who is required to
serve a mandatory term of local incarceration pursuant to division
(G)(1) of section 2929.13 of the Revised Code may impose upon the offender, in
addition to the
mandatory term of local incarceration, a community residential sanction or
combination of
community residential sanctions under this section, and the offender shall
serve or satisfy the sanction or combination of sanctions after the offender
has served the mandatory term of local incarceration required for the
offense. Community residential sanctions include, but are not limited to, the
following:
(1) A term of up to six months at a community-based
correctional facility that serves the county;
(2) Except as otherwise provided in division (A)(3) of
this section and subject to division (D) of this section, a
term of up to six months in a jail;
(3) If the offender is convicted of a fourth degree felony OMVI
offense and is sentenced pursuant to division (G)(1) of section
2929.13 of the Revised Code, subject to division (D) of this
section, a term of up to one year in a jail less the
mandatory term of
local incarceration of sixty OR ONE HUNDRED TWENTY consecutive days of
imprisonment imposed pursuant
to that division;
(4) A term in a halfway house;
(5) A term in an alternative residential facility.
(B) The court that assigns any offender
convicted of a felony to a residential sanction under this
section may authorize the offender to be released so that the offender may
seek or maintain employment, receive education or training, or
receive treatment. A release pursuant to this division shall be
only for the duration of time that is needed to fulfill the
purpose of the release and for travel that reasonably is
necessary to fulfill the purposes of the release.
(C) If the court assigns an offender to a
county jail that is not a minimum security misdemeanant jail in a county that
has established a county jail industry program pursuant to section 5147.30 of
the Revised Code, the court shall specify, as part of
the sentence, whether the sheriff of that county may consider the
offender for participation in the county jail industry
program. During the offender's term in the county jail, the
court shall retain jurisdiction to modify its specification upon
a reassessment of the offender's qualifications for participation
in the program.
(D) If a
court sentences an offender to a term in jail under division
(A)(2) or (3) of this section and if the
sentence is imposed for a felony of the fourth or fifth degree that is not an
offense of violence, the court may specify that it prefers that the offender
serve the term in a minimum security jail established under section 341.34 or
753.21 of the Revised Code. If the court includes a
specification
of that type in the sentence and if the administrator of the
appropriate minimum security jail or the designee of that administrator
classifies the offender in accordance with section 341.34 or 753.21 of the
Revised Code
as a minimal security risk, the offender shall serve the term in the minimum
security jail established under section 341.34 or 753.21 of the
Revised Code.
Absent a specification of that type and a finding of that type, the offender
shall serve the term in a jail other than a minimum security jail established
under section 341.34 or 753.21 of the Revised Code.
(E) If a person who has been convicted of or pleaded guilty to a
felony is sentenced to a community residential sanction as described in
division (A) of this section, at the time of reception and at other
times the person in charge of the operation of the community-based
correctional facility, jail, halfway house, alternative residential facility,
or other place at which the offender will serve the residential sanction
determines to be appropriate, the person in charge of the operation of the
community-based correctional facility, jail, halfway house, alternative
residential facility, or other place may cause the convicted offender to be
examined and tested for tuberculosis, HIV infection, hepatitis,
including but not limited to hepatitis A, B, and C,
and other
contagious diseases. The person in charge of the operation of the
community-based correctional facility, jail, halfway house, alternative
residential facility, or other place at which the offender will serve the
residential sanction may cause a convicted offender in the community-based
correctional facility, jail, halfway house, alternative residential facility,
or other place who refuses to be tested or treated for tuberculosis,
HIV infection, hepatitis, including but not limited to hepatitis
A, B, and C, or another contagious disease to be
tested and
treated involuntarily.
Sec. 2929.18. (A) Except as otherwise provided in this
division and in addition to imposing court costs pursuant to section 2947.23
of the Revised Code, the court imposing a sentence upon an offender for a
felony may sentence the offender to any financial sanction or combination of
financial
sanctions authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the
offender a fine in accordance with that section. If the offender is sentenced
to a sanction of confinement pursuant to section 2929.14 or 2929.16 of the
Revised Code that is to be served in a facility operated by
a board of county commissioners, a legislative authority of a municipal
corporation, or another governmental entity, the court imposing sentence upon
an offender for a felony shall comply with division
(A)(4)(b) of this section in determining whether to
sentence the offender to a financial sanction described in division
(A)(4)(a) of this section. Financial sanctions
that may be imposed pursuant to this section include, but are
not limited to, the following:
(1) Restitution by the offender to the victim of the
offender's crime or any survivor of the victim, in an amount
based on the victim's economic loss. The court shall order that the
restitution be made to the adult probation department that serves the county
on behalf of the victim, to the clerk of courts, or to another agency
designated by the court, except that it may include a requirement
that reimbursement be made to third parties for amounts paid to
or on behalf of the victim or any survivor of the victim for economic
loss resulting from the offense. If reimbursement to third parties is
required, the reimbursement shall be made to any governmental
agency to repay any amounts paid by the agency to or on behalf of the
victim or
any survivor of the victim for economic loss resulting from the
offense before any reimbursement is made to any person other than
a governmental agency. If no governmental agency incurred
expenses for economic loss of the victim or any survivor of the
victim resulting from the offense, the reimbursement shall be
made to any person other than a governmental agency to repay
amounts paid by that person to or on behalf of the victim or any
survivor of the
victim for economic loss of the victim resulting from the
offense. The court shall not require an offender to repay an insurance
company for any amounts the company paid on behalf of the offender pursuant to
a policy of insurance. At sentencing, the court shall determine
the amount of
restitution to be made by the offender. All restitution payments
shall be credited against any recovery of economic loss in a
civil action brought by the victim or any survivor of the victim
against the offender.
(2) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision, or as described in division (B)(2)
of this section to one or more law enforcement agencies, with the
amount of the fine based on a standard percentage of the
offender's daily income over a period of time determined by the
court and based upon the seriousness of the offense. A fine
ordered under this division shall not exceed the statutory fine
amount authorized for the level of the offense under division
(A)(3) of this section.
(3) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision when appropriate for a felony, or as
described in division (B)(2) of this section to one or
more law enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more
than twenty thousand dollars;
(b) For a felony of the second degree, not more
than fifteen thousand dollars;
(c) For a felony of the third degree, not more
than ten thousand dollars;
(d) For a felony of the fourth degree, not more
than five thousand dollars;
(e) For a felony of the fifth degree, not more
than two thousand five hundred dollars.
(4)(a) Subject to division
(A)(4)(b) of this section, reimbursement by the
offender of any or
all of the costs of sanctions incurred by the government,
including the following:
(i) All or part of the costs of implementing
any community control sanction;
(ii) All or part of the costs of confinement
under a sanction imposed pursuant to section 2929.14 or 2929.16
of the Revised Code, provided that the amount of
reimbursement ordered under this division shall not exceed ten
thousand dollars or the total amount of reimbursement the
offender is able to pay as determined at a hearing, whichever amount is
greater;
(b) If the offender is sentenced to a sanction of confinement pursuant to
section 2929.14 or 2929.16 of the Revised
Code that is to be served in a facility
operated by a board of county commissioners, a legislative authority of a
municipal corporation, or another local governmental entity, one of the
following applies:
(i) If, pursuant to section 307.93, 341.14, 341.19, 341.23,
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code, the
board, legislative authority, or other local governmental entity requires
prisoners convicted of an offense other than a minor misdemeanor to reimburse
the county, municipal corporation, or other entity for its expenses incurred
by reason of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires the offender
to reimburse the county, municipal corporation, or other local governmental
entity for the cost of the confinement. In addition, the
court may impose any other financial sanction under this section.
(ii) If, pursuant to any section identified in division
(A)(4)(b)(i)
of this section, the board, legislative authority, or other local governmental
entity has adopted
a resolution or ordinance specifying that prisoners convicted of felonies are
not required to reimburse the county, municipal corporation, or other local
governmental entity
for its expenses incurred by reason of the prisoner's confinement, the court
shall not impose a financial sanction under division (A)(4)(a) of this section
that requires the offender to reimburse the county, municipal corporation, or
other local governmental entity for the cost of the confinement, but the court
may impose any
other financial sanction under this section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) of this section
applies, the court may impose, but is not required to impose, any financial
sanction under this section.
(c) Reimbursement by the offender for costs
pursuant to section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree
felony violation of any provision of Chapter 2925.,
3719., or 4729. of the Revised Code, the
sentencing court shall impose upon the offender a mandatory fine
of at least one-half of, but not more than, the maximum statutory
fine amount authorized for the level of the offense pursuant to
division (A)(3) of this section. If an offender alleges in an affidavit filed
with the court prior
to sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an
indigent person and is unable to pay the mandatory fine described in this
division, the court shall not impose the mandatory fine upon the offender.
(2) Any mandatory fine imposed upon an offender under
division (B)(1) of this section and any fine imposed upon
an offender under division (A)(2) or (3) of this section
for any fourth or fifth degree felony violation of any provision
of Chapter 2925., 3719., or 4729. of the Revised
Code shall be paid to law enforcement agencies pursuant
to division (F) of section 2925.03 of the Revised
Code.
(3) For a fourth degree felony
OMVI
offense, the sentencing court shall impose upon the offender a mandatory fine
in the amount specified in division (A)(4) OR (8) of section
4511.99
of the Revised
Code. The mandatory fine so imposed shall be
disbursed as provided in division (A)(4) OR (8) of section
4511.99 of the Revised
Code.
(4) Notwithstanding any fine
otherwise authorized or required to be imposed under division
(A)(2) or (3) or (B)(1) of this section or section 2929.31
of the Revised Code for a violation of section 2925.03 or
2925.07 of the Revised Code, in addition to any
penalty or sanction imposed for that offense under section
2925.03 or 2925.07 or sections 2929.11 to 2929.18 of the
Revised Code and in addition to the
forfeiture of property in connection with the offense as
prescribed in sections 2925.42 to 2925.45 of the
Revised Code, the court that sentences
an offender for a violation of section 2925.03 or 2925.07 of
the Revised Code may impose upon the
offender a fine in addition to any fine imposed under division
(A)(2) or (3) of this section
and in addition to any mandatory fine imposed under division
(B)(1) of this section. The fine imposed under division
(B)(4) of this section shall be used as provided in division
(H) of section 2925.03 of the Revised Code. A fine
imposed under division (B)(4) of this section shall not exceed
whichever of the following is applicable:
(a) The total value of any personal
or real property in which the offender has an interest and that
was used in the course of, intended for use in the course of,
derived from, or realized through conduct in violation of
section 2925.03 or 2925.07 of the Revised Code, including any
property that constitutes proceeds derived from that offense;
(b) If the offender has no interest
in any property of the type described in division
(B)(4)(a) of this section or if it is not possible to
ascertain whether
the offender has an interest in any property of that type in
which the offender may have an interest, the amount of the
mandatory fine for the offense imposed under division
(B)(1) of this section or, if no mandatory fine is imposed under
division (B)(1) of this section, the amount of the fine authorized
for the level of the offense
imposed under division (A)(3) of this section.
(5) Prior to imposing a fine under division
(B)(4) of this section, the
court shall determine whether the offender has an interest in
any property of the type described in division
(B)(4)(a) of this section. Except as provided in
division (B)(6) or (7) of this section,
a fine that is authorized and imposed under division
(B)(4) of this section does not
limit or affect the imposition of the penalties and sanctions
for a violation of section 2925.03 or 2925.07 of the Revised Code prescribed under
those sections
or sections 2929.11 to 2929.18 of the
Revised Code and does not limit or
affect a forfeiture of property in connection with the offense
as prescribed in sections 2925.42 to 2925.45 of the
Revised Code.
(6) If the sum total of a mandatory fine amount imposed
for a first, second, or third degree felony violation of section
2925.03 or a third degree felony violation of section 2925.07
of the Revised Code under division
(B)(1) of this section plus the
amount of any fine imposed under division
(B)(4) of this section does not
exceed the maximum statutory fine amount authorized for the
level of the offense under division (A)(3) of this section or
section 2929.31 of the Revised Code, the court may impose a
fine for the offense in addition to the mandatory fine and the
fine imposed under division (B)(4) of this section. The
sum total of the amounts of the mandatory fine, the fine imposed
under division (B)(4) of this
section, and the additional fine imposed under division
(B)(6) of this section shall
not exceed the maximum statutory fine amount authorized for the
level of the offense under division (A)(3) of this section or
section 2929.31 of the Revised Code. The clerk of the court
shall pay any fine that is imposed under division
(B)(6) of this section to the county, township, municipal
corporation, park district as
created pursuant to section 511.18 or 1545.04 of the
Revised Code, or state law enforcement
agencies in this state that primarily were responsible for or
involved in making the arrest of, and in prosecuting, the
offender pursuant to division (F) of section 2925.03 of the
Revised Code.
(7) If the sum total of the amount of a mandatory fine
imposed for a first, second, or third degree felony violation of
section 2925.03 or a third degree felony violation of section
2925.07 of the Revised Code plus the amount of any
fine imposed under division (B)(4) of this section exceeds
the maximum statutory fine amount authorized for the level of
the offense under division (A)(3) of this section or
section 2929.31 of the Revised Code, the court shall not
impose a fine under division (B)(6) of this section.
(C)(1) The offender shall pay reimbursements
imposed upon the offender pursuant to division
(A)(4)(a) of this
section to pay the costs incurred by the department of rehabilitation and
correction in operating a
prison or other facility used to confine offenders pursuant to sanctions
imposed under section 2929.14 or 2929.16 of the Revised
Code to the treasurer of state. The treasurer of state
shall deposit the reimbursements in the confinement cost
reimbursement fund that is hereby created in the state
treasury. The department of rehabilitation and correction shall
use the amounts deposited in the fund to fund the operation of
facilities used to confine offenders pursuant to sections 2929.14
and 2929.16 of the Revised Code.
(2) Except as provided in section 2951.021 of the Revised Code, the offender
shall pay reimbursements imposed upon the offender pursuant to division
(A)(4)(a) of this
section to pay the costs incurred by a county pursuant to any
sanction imposed under this section or section 2929.16 or 2929.17
of the Revised Code or in operating a facility
used to confine offenders pursuant to a sanction imposed under
section 2929.16 of the Revised Code to the county
treasurer. The county treasurer shall deposit the
reimbursements in the sanction cost reimbursement fund that each
board of county commissioners shall create in its county
treasury. The county shall use the amounts deposited in the fund
to pay the costs incurred by the county pursuant to any sanction
imposed under this section or section 2929.16 or 2929.17 of the
Revised Code or in operating a facility used to
confine offenders pursuant to a sanction imposed under section
2929.16 of the Revised Code.
(3) Except as provided in section 2951.021 of the Revised Code, the offender
shall pay reimbursements imposed upon the offender pursuant to division
(A)(4)(a) of this
section to pay the costs incurred by a municipal corporation
pursuant to any sanction imposed under this section or section
2929.16 or 2929.17 of the Revised Code or in
operating a facility used to confine offenders pursuant to a
sanction imposed under section 2929.16 of the Revised
Code to the treasurer of the municipal
corporation. The treasurer shall deposit the reimbursements
in a special fund that shall be established in the
treasury of each municipal corporation. The municipal
corporation shall use the amounts deposited in the fund to pay
the costs incurred by the municipal corporation pursuant to any
sanction imposed under this section or section 2929.16 or 2929.17
of the Revised Code or in operating a facility
used to confine offenders pursuant to a sanction imposed under
section 2929.16 of the Revised Code.
(4) Except as provided in section 2951.021 of the Revised Code, the offender
shall pay reimbursements imposed pursuant to division
(A)(4)(a) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section or section
2929.16 or 2929.17 of the Revised Code to the provider.
(D) A financial sanction imposed pursuant to division (A) or
(B) of this section is a judgment in favor of the state or a
political subdivision in which the court that imposed the financial
sanction is located, and the offender subject to the sanction is
the judgment debtor, except that a financial sanction of
reimbursement imposed pursuant to division
(A)(4)(a)(ii) of this section upon an
offender who is incarcerated in a state facility or a municipal
jail is a judgment in favor of the state or the municipal
corporation, a financial sanction of reimbursement imposed upon an
offender pursuant to this section for costs incurred by a private provider of
sanctions is a judgment in favor of the private provider, and a
financial sanction of restitution imposed
pursuant to this section is a judgment in favor of the victim of
the offender's criminal act. Once the financial sanction is
imposed as a judgment, the victim, private provider, state, or
political subdivision may bring an action to do any of the following:
(1) Obtain execution of the judgment through any
available procedure, including:
(a) An execution against the property of the
judgment debtor under Chapter 2329. of the
Revised Code;
(b) An execution against the person of the
judgment debtor under Chapter 2331. of the
Revised Code;
(c) A proceeding in aid of execution under
Chapter 2333. of the Revised Code,
including:
(i) A proceeding for the examination of the
judgment debtor under sections 2333.09 to 2333.12 and sections
2333.15 to 2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person
of the judgment debtor under section 2333.28 of the
Revised Code;
(iii) A creditor's suit under section 2333.01
of the Revised Code.
(d) The attachment of the property of the
judgment debtor under Chapter 2715. of the
Revised Code;
(e) The garnishment of the property of the
judgment debtor under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the
judgment debtor under section 1321.33 of the Revised
Code.
(E) A court that imposes a financial sanction upon an offender may hold a
hearing if necessary to determine whether the offender is able to pay the
sanction or is likely in the future to be able to pay it.
(F) Each court imposing a financial sanction
upon an offender under this section or under section 2929.25 of the Revised
Code may designate a court
employee to collect, or may enter into contracts with one or more
public agencies or private vendors for the collection of, amounts
due under the financial sanction imposed pursuant to this
section or section 2929.25 of the Revised Code. Before entering into a
contract for the collection of
amounts due from an offender pursuant to any financial sanction imposed
pursuant to this section or section 2929.25 of the Revised Code,
a court shall comply with sections 307.86 to 307.92 of the
Revised Code.
(G) If a court that imposes a financial
sanction under division (A) or (B) of this section
finds that an offender satisfactorily
has completed all other sanctions imposed upon the offender and that all
restitution that has been ordered has been paid as ordered, the
court may suspend any financial sanctions imposed pursuant to this section
or section 2929.25 of the Revised Code that have not been
paid.
(H) No financial sanction imposed under this
section or section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender.
Sec. 2929.23. (A) As used in this section:
(1) "Electronic monitoring device" means either of the
following:
(a) Any device that can be operated by electrical or
battery power and that conforms with all of the following:
(i) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of
the type described in division (A)(1)(a)(ii) of this section if
the transmitter is removed from the person, turned off, or
altered in any manner without prior court approval in relation to
electronically monitored house arrest or electronically monitored
house detention or without prior approval of the department of
rehabilitation and correction in relation to the use of an electronic
monitoring device for
an inmate on transitional control or otherwise is tampered with, that can
transmit continuously and periodically a signal to that receiver
when the person is within a specified distance from the receiver,
and that can transmit an appropriate signal to that receiver if
the person to whom it is attached travels a specified distance
from that receiver.
(ii) The device has a receiver that can receive
continuously the signals transmitted by a transmitter of the type
described in division (A)(1)(a)(i) of this section, can transmit
continuously those signals by telephone to a central monitoring
computer of the type described in division (A)(1)(a)(iii) of this
section, and can transmit continuously an appropriate signal to
that central monitoring computer if the receiver is turned off or
altered without prior court approval or otherwise tampered with.
(iii) The device has a central monitoring computer that
can receive continuously the signals transmitted by telephone by
a receiver of the type described in division (A)(1)(a)(ii) of
this section and can monitor continuously the person to whom an
electronic monitoring device of the type described in division
(A)(1)(a) of this section is attached.
(b) Any device that is not a device of the type described
in division (A)(1)(a) of this section and that conforms with all
of the following:
(i) The device includes a transmitter and receiver that
can monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means;
(ii) The device includes a transmitter and receiver that
can determine at any time, or at a designated point in time,
through the use of a central monitoring computer or other
electronic means the fact that the transmitter is turned off or
altered in any manner without prior approval of the court in
relation to electronically monitored house arrest or
electronically monitored house detention or without prior
approval of the department of rehabilitation and correction in
relation to the use of an
electronic monitoring device for an inmate on transitional control or
otherwise
is tampered with.
(2) "Certified electronic monitoring device" means an
electronic monitoring device that has been certified by the
superintendent of the bureau of criminal identification and
investigation pursuant to division (C)(1) of this section.
(3) "Eligible offender" means a person who has been
convicted of or pleaded guilty to any offense, except that a
person is not an "eligible offender" if any of the
following
apply in relation to the person, the offense, or the person and
the offense:
(a) The person is subject to or is serving a term of life imprisonment.
(b) The person is subject to or is serving a mandatory prison term imposed
under division (F) of section 2929.13,
division (D) of section 2929.14, or any other section of the Revised Code,
provided that, after the person has served all of the mandatory prison terms
so imposed, the person may be an eligible offender unless excluded by
division (A)(3)(a), (c) or (d) of this
section.
(c) The offense is a violation of division
(A) of section 4511.19 of the Revised Code, and the offender is sentenced for
that offense pursuant to division (G)(1) of section 2929.13 of the Revised
Code and is
serving the mandatory term of local incarceration of sixty OR ONE HUNDRED
TWENTY consecutive days of
imprisonment imposed under that division, provided that, after the person has
served all of the mandatory term of local incarceration so imposed, the person
may be an eligible offender unless excluded by division
(A)(3)(a), (b), or (d) of this
section.
(d) The offense is a violation of division
(A) of section 4511.19 of the Revised Code, and the person is sentenced for
that offense pursuant to division
(G)(2) of section 2929.13 of the Revised
Code.
(4) "Electronically monitored house arrest" means a period
of confinement of an eligible offender in the eligible
offender's home or in other
premises specified by the sentencing court, during which period
of confinement all of the following apply:
(a) The eligible offender wears, otherwise has attached to
the eligible offender's person, or otherwise is subject to
monitoring by a certified
electronic monitoring device, or the eligible offender is
subject to monitoring by a
certified electronic monitoring system;
(b) The eligible offender is required to remain in the eligible
offender's home or other premises specified by the sentencing court for the
specified period of confinement, except for periods of time
during which the eligible offender is at
the eligible offender's place of employment or at other
premises as authorized by the sentencing court;
(c) The eligible offender is subject to monitoring by a
central system that monitors the certified electronic monitoring
device that is attached to the eligible offender's person or
that otherwise is being
used to monitor the eligible offender and that can monitor
and determine the eligible offender's
location at any time or at a designated point in time, or the
eligible offender is
required to participate in monitoring by a certified electronic
monitoring system;
(d) The eligible offender is required by the sentencing
court to report periodically to a person designated by the court;
(e) The eligible offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court.
(5) "Electronic monitoring system" means a system by which
the location of an eligible offender can be verified
telephonically through the use of voice-activated voice response
technology that conforms with all of the following:
(a) It can be programmed to call the telephone or
telephones assigned to the eligible offender who is the
subject of the
monitoring as often as necessary;
(b) It is equipped with a voice recognition system that
can work accurately and reliably under the anticipated conditions
in which it will operate;
(c) It is equipped to perform an alarm function if the
eligible offender who is the subject of monitoring does
not respond to
system commands in the manner required.
(6) "Certified electronic monitoring system" means an
electronic monitoring system that has been certified by the
superintendent of the bureau of criminal identification and
investigation pursuant to division (C)(1) of this section.
(7) "Electronically monitored house detention" has the
same meaning as in section 2151.355 of the Revised Code.
(8) "Transitional
control" means the program of transitional control established by the
department of rehabilitation and
correction under section 2967.26 of the Revised Code, if the
department establishes a program of that nature under that section.
(B)(1) Any court may impose as a sanction pursuant to
sections 2929.15 and 2929.17 of the Revised Code a period of electronically
monitored house arrest upon an eligible offender who is convicted
of or pleads guilty to a felony, except that the total of any
period of electronically monitored house arrest imposed upon that
eligible offender plus the period of all other sanctions imposed upon the
same eligible offender pursuant to sections 2929.15, 2929.16,
2929.17, and 2929.18 of the Revised Code shall not exceed five years. Any
court may impose a period of electronically
monitored house arrest upon an eligible offender who is
convicted of or pleads guilty to a misdemeanor in addition to
or in lieu of any other sentence imposed or authorized for the
offense, except that the total of any period of electronically
monitored house arrest imposed upon that eligible offender plus the period
of any sentence of imprisonment imposed upon the same eligible
offender shall not exceed the maximum term of imprisonment that
could be imposed upon the eligible offender pursuant to section
2929.21 of the Revised Code and except that, if the
offense for which an eligible offender is being sentenced is a
violation of division (A) of section 4511.19 or of division
(D)(2) of section 4507.02 of the Revised Code, the court may
impose a period of electronically monitored house arrest upon the
eligible offender only when authorized by and only in the
circumstances described in division (A) of section 4511.99 or
division (B) of section 4507.99 of the Revised Code.
If a court imposes a period of electronically monitored house arrest upon an
eligible offender, it shall require the eligible offender to
wear, otherwise have attached to the eligible offender's person, or otherwise
be
subject to monitoring by a certified electronic monitoring device or to
participate in the
operation of and monitoring by a certified electronic monitoring
system; to remain in the eligible offender's home or other
specified premises for the
entire period of electronically monitored house arrest except
when the court permits the eligible offender to leave those
premises to go to the eligible offender's
place of employment or to other specified premises; to be
monitored by a central system that monitors the certified
electronic monitoring device that is attached to the eligible
offender's person or
that otherwise is being used to monitor the eligible
offender and that can monitor
and determine the eligible offender's location at any time
or at a designated point
in time or to be monitored by the certified electronic monitoring
system; to report periodically to a person designated by the
court; and, in return for receiving a period of electronically
monitored house arrest, to enter into a written contract with the
court agreeing to comply with all restrictions and requirements
imposed by the court, agreeing to pay any fee imposed by the
court for the costs of the electronically monitored house arrest
imposed by the court pursuant to division (E) of this section,
and agreeing to waive the right to receive credit for any time
served on electronically monitored house arrest toward any prison term or
sentence of imprisonment imposed upon the eligible
offender for the offense for
which the period of electronically monitored
house arrest was imposed if the eligible offender violates any of the
restrictions or requirements of
the period of electronically monitored house arrest, and
additionally, it may impose any other reasonable restrictions and
requirements upon the eligible offender.
(2) If an eligible offender violates any of the restrictions or
requirements imposed upon the eligible offender as part of
the eligible offender's period of
electronically monitored house arrest, the eligible offender
shall not receive
credit for any time served on electronically monitored house
arrest toward any prison term or sentence of imprisonment imposed upon
the eligible offender for
the offense for which the period of electronically monitored
house arrest was imposed.
(C)(1) The superintendent of the bureau of criminal
identification and investigation, in accordance with this section
and rules adopted by the superintendent pursuant to division
(C)(2) of this section, shall certify for use in cases of electronically
monitored house arrest, in electronically monitored house detention,
and in relation to an inmate
on transitional control specific types and
brands of electronic monitoring devices and electronic monitoring
systems that comply with the requirements of this section,
section 5120.073 of the Revised Code, and those rules. Any
manufacturer that, pursuant to this division, seeks to obtain the
certification of any type or brand of electronic monitoring
device or electronic monitoring system shall submit to the
superintendent an application for certification in accordance
with those rules together with the application fee and costs of
certification as required by those rules. The superintendent
shall not certify any electronic monitoring device or electronic
monitoring system pursuant to this division unless the
application fee and costs have been paid to the superintendent.
(2) The superintendent, in accordance with Chapter 119. of
the Revised Code, shall adopt rules for certifying specific types
and brands of electronic monitoring devices and electronic
monitoring systems for use in electronically monitored house
arrest, in electronically monitored house detention, and
in relation to an inmate on
transitional control. The rules shall set
forth the requirements for obtaining the certification, the
application fee and other costs for obtaining the certification,
the procedure for applying for certification, and any other
requirements and procedures considered necessary by the
superintendent. The rules shall require that no type or brand of
electronic monitoring device or electronic monitoring system be
certified unless the type or brand of device or system complies
with whichever of the following is applicable, in addition to any
other requirements specified by the superintendent:
(a) For electronic monitoring devices of the type
described in division (A)(1)(a) of this section, the type or
brand of device complies with all of the following:
(i) It has a transmitter of the type described in division
(A)(1)(a)(i) of this section, a receiver of the type described in
division (A)(1)(a)(ii) of this section, and a central monitoring
computer of the type described in division (A)(1)(a)(iii) of this
section;
(ii) Its transmitter can be worn by or attached to a
person with a minimum of discomfort during normal activities, is
difficult to remove, turn off, or otherwise alter without prior
court approval in relation to electronically monitored house
arrest or electronically monitored house detention or prior
approval of the department of rehabilitation and correction in
relation to the use of an
electronic monitoring device for an inmate on transitional control, and
will
transmit a specified signal to the receiver if it is removed,
turned off, altered, or otherwise tampered with;
(iii) Its receiver is difficult to turn off or alter and
will transmit a signal to the central monitoring computer if it
is turned off, altered, or otherwise tampered with;
(iv) Its central monitoring computer is difficult to
circumvent;
(v) Its transmitter, receiver, and central monitoring
computer work accurately and reliably under the anticipated
conditions under which electronically monitored house arrest or
electronically monitored house detention will be imposed by
courts or under which an
electronic monitoring device will
be used by the department of rehabilitation and correction in relation to
an inmate on transitional control;
(vi) It has a backup battery power supply that operates
automatically when the main source of electrical or battery power
for the device fails.
(b) For electronic monitoring devices of the type
described in division (A)(1)(b) of this section, the type or
brand of device complies with all of the following:
(i) It has a transmitter and receiver of the type
described in divisions (A)(1)(b)(i) and (ii) of this section.
(ii) Its transmitter is difficult to turn off or alter
without prior court approval in relation to electronically
monitored house arrest or electronically monitored house
detention or without prior approval of the department of
rehabilitation and correction in relation to the use of an electronic
monitoring device for
an inmate on transitional control, and, if the transmitter is turned off
or
altered in any manner without prior approval of the court or
department or otherwise is tampered with, the fact that it has
been turned off, altered, or tampered with can be determined at
any time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(iii) Its receiver is difficult to turn off or alter, and,
if the receiver is turned off, altered, or otherwise tampered
with, the fact that it has been turned off, altered, or tampered
with can be determined at any time, or at a designated point in
time, through the use of a central monitoring computer or through
other electronic means.
(iv) Its central monitoring computer or other means of
electronic monitoring is difficult to circumvent.
(v) Its transmitter, receiver, and central monitoring
computer or other means of electronic monitoring work accurately
and reliably under the anticipated conditions under which
electronically monitored house arrest or electronically
monitored
house detention will be used, or under which an electronic monitoring
device will
be used by the department of rehabilitation and correction in relation to
an inmate on transitional control.
(vi) If it operates on electrical or battery power, it has
a backup battery power supply that operates automatically when
the main source of electrical or battery power for the device
fails, or, if it does not operate on electrical or battery power,
it has a backup method of operation so that it will continue to
operate if its main method of operation fails.
(c) For electronic monitoring systems, the type or brand
of system complies with all of the following:
(i) It can be programmed to call the telephone or
telephones assigned to the person who is the subject of the
monitoring as often as necessary;
(ii) It is equipped with a voice recognition system that
can work accurately and reliably under the anticipated conditions
in which it will operate;
(iii) It is equipped to perform an alarm function if the
person who is the subject of the monitoring does not respond to
system commands in the manner required.
(3) The superintendent shall publish and make available to
all courts and to the department of rehabilitation and
correction, without charge, a list of all types and brands of
electronic monitoring devices and electronic monitoring systems
that have been certified by the superintendent pursuant to
division (C)(1) of this section and information about the
manufacturers of the certified devices and systems and places at
which the devices and systems can be obtained.
(D) The superintendent of the bureau of criminal
identification and investigation shall deposit all costs and fees
collected pursuant to division (C) of this section into
the general revenue fund.
(E)(1) Each county in which is located a court that
imposes a period of electronically monitored house arrest or
electronically monitored house detention as a sentencing sanction or
alternative
may establish in the county treasury an electronically monitored
house arrest and detention fund. The clerk of each court that
uses that sentencing sanction or alternative may deposit into the
fund all fees
collected from eligible offenders upon whom electronically
monitored house arrest or detention is imposed pursuant to this
section, section 2151.355, or any other section of the Revised
Code that specifically authorizes the imposition of
electronically monitored house arrest or detention. Each court
that imposes electronically monitored house arrest or
detention may adopt by local court rule a reasonable daily fee to be paid by
each eligible offender upon whom a period of electronically monitored
house arrest or detention is imposed as a sentencing sanction or alternative.
The fee may include the
actual costs of providing house arrest or detention and an additional amount
necessary to enable the court to provide electronically monitored
house arrest or detention to indigent eligible offenders. The
fund may be used only for the payment of the costs of
electronically monitored house arrest or detention, including,
but not limited to, the costs of electronically monitored house
arrest or detention for indigent eligible offenders.
(2) If a fee is adopted pursuant to division (E)(1) of
this section, it shall be in addition to any fine specifically
authorized or required by any other section of the Revised Code
for an eligible offender upon whom a period of electronically monitored
house arrest or detention is imposed as a sentencing sanction or alternative.
Sec. 3793.10. A drivers' intervention program may be used
as an alternative to a term of imprisonment for an offender
sentenced pursuant to division (A)(1) of section 4511.99 of the
Revised Code, if it is certified by the director of alcohol and
drug addiction services pursuant to this section. No drivers'
intervention program shall be used as an alternative to a term of
imprisonment that is imposed pursuant to division (A)(2),
(3), or (4), (6), (7), OR (8) of
section 4511.99 of
the Revised Code.
To qualify for certification by the director and to receive
funds from the drivers' treatment and intervention fund created
by division (L) of section 4511.191 of the Revised Code in any
amounts and at any times that the director determines are
appropriate, a drivers' intervention program shall meet state
minimum standards that the director shall establish by rule. The
rules shall include, but are not limited to, standards governing
program course hours and content, qualifications of program
personnel, methods of identifying and testing participants to
isolate participants with alcohol and drug abuse problems,
referral of such persons to alcohol and drug addiction programs,
the prompt notification of courts by program operators of the
completion of the programs by persons required by courts to
attend them, and record keeping, including methods of tracking
participants for a reasonable time after they have left the
program.
The director shall issue a certificate to any qualified
drivers' intervention program. The certificate shall be valid
for three years.
Sec. 4503.233. (A)(1) As used in this section, "vehicle
owner" means either of the following:
(a) The person in whose name is registered, at the time of the offense, a
vehicle that is subject to an immobilization order issued under division
(A)(2) of this section;
(b) A person to whom, at the time of the offense, the certificate of title to
a vehicle has been assigned and who has not obtained a certificate of title to
the vehicle in that person's name but who is deemed by the court as being the
owner of the vehicle at the time of the offense for which the vehicle is
subject to an immobilization and impoundment order issued under
division (A)(2) of this section.
(2) If a court is required to order the immobilization of
a vehicle for a specified period of time pursuant to division
(B)(1) or (2), (C)(1) or (2), or (E)(1) of section 4507.99,
pursuant to division (A)(2)(b) or, (3)(b),
(6)(b), OR (7)(b) of section 4511.99,
pursuant to division (B)(1) or (2) or (C)(1) or (2) of section
4507.361, or pursuant to division (B)(2)(a) or (b) of section
4511.193 of the Revised Code, the court shall issue an
immobilization order, subject to section 4503.235
of the Revised Code, in accordance with this division and for the
period of time specified in the particular division, and the immobilization
under the order shall be in accordance with this
section. The court, at the time of sentencing the offender for
the offense relative to which the immobilization order is issued
or as soon thereafter as is practicable, shall give a copy of the
order to the offender or the offender's counsel and to the
vehicle owner or the vehicle owner's counsel. The court
promptly shall send a copy of the order to the registrar on a form prescribed
by the registrar and to the person or agency it designates to execute the
order.
The order shall indicate the date on which it is issued,
shall identify the vehicle that is subject to the order, and
shall specify all of the following:
(a) The period of the immobilization;
(b) The place at which the court determines that the
immobilization shall be carried out, provided that the court
shall not determine and shall not specify that the immobilization
is to be carried out at any place other than a commercially
operated private storage lot, a place owned by a law enforcement
or other government agency, or a place to which one of the
following applies:
(i) The place is leased by or otherwise under the control
of a law enforcement or other government agency.
(ii) The place is owned by the offender, the offender's
spouse, or a parent or child of the offender.
(iii) The place is owned by a private person or entity,
and, prior to the issuance of the order, the private entity or
person that owns the place, or the authorized agent of that
private entity or person, has given express written consent for
the immobilization to be carried out at that place.
(iv) The place is a public street or highway on which the
vehicle is parked in accordance with the law.
(c) The person or agency designated by the court to execute the order,
which shall be either the law enforcement agency that employs the
law enforcement officer who seized the vehicle, a
bailiff of the court, another person the court determines to be
appropriate to execute the order, or the law enforcement agency
with jurisdiction over the place of residence of the vehicle
owner;
(d) THAT NEITHER THE REGISTRAR NOR A DEPUTY REGISTRAR WILL BE
PERMITTED TO ACCEPT AN APPLICATION FOR THE LICENSE PLATE REGISTRATION OF ANY
MOTOR VEHICLE IN THE NAME OF THE VEHICLE OWNER UNTIL THE IMMOBILIZATION FEE IS
PAID.
(3) The person or agency the court designates to
immobilize the vehicle shall seize or retain that vehicle's license plates
and forward them to the bureau of motor vehicles.
(4) In all cases, the vehicle owner shall be assessed
an immobilization fee of one hundred dollars, and the
immobilization fee shall be paid to the registrar before
the vehicle may be released to the vehicle, and that neither the registrar
nor a deputy registrar will be permitted to accept an application for the
license plate registration of any motor vehicle in the name of the vehicle
owner until the immobilization fee is paid owner. Neither the registrar
nor a deputy registrar shall accept an application for the registration of any
motor vehicle in the name of the vehicle owner until the immobilization fee is
paid.
(5) If the vehicle subject to the order is
immobilized pursuant to the order and is found being operated
upon any street or highway in this state during the
immobilization period, it shall be seized, removed from the street
or highway, and criminally forfeited and disposed of
pursuant to section 4503.234 of the Revised Code.
the owner's
(6) The registrar shall deposit the immobilization fee into the law
enforcement reimbursement fund created by section 4501.19 of the Revised
Code. Money in the fund shall be expended only as provided in division
(A)(6) of this section. If the court designated in the
order a court bailiff or another appropriate person other than a
law enforcement officer to immobilize the vehicle, the amount of the
fee deposited into the law enforcement reimbursement fund shall
be paid out to the county treasury if the court that issued the order
is a county court, to the treasury of the municipal corporation
served by the court if the court that issued the order is a
mayor's court, or to the city treasury of the legislative
authority of the court, both as defined in section 1901.03 of the
Revised Code, if the court that issued the order is a municipal
court. If the court designated a law enforcement agency to
immobilize the vehicle and if the law enforcement agency immobilizes the
vehicle, the amount of the fee deposited into the law enforcement
reimbursement fund shall be paid out to the law enforcement agency
to reimburse the agency for the costs it incurs in
obtaining immobilization equipment and, if required, in sending
an officer or other person to search for and locate the vehicle
specified in the immobilization order and to immobilize the
vehicle.
In addition to the immobilization fee required to be paid
under division (A)(4) of this section, the vehicle owner
may be charged expenses or charges incurred in the removal and storage of the
immobilized vehicle.
(B) If a court issues an immobilization
order under division (A)(2) of this section, the person or
agency designated by the court to execute the immobilization order
promptly shall immobilize or continue the immobilization of the
vehicle at the place specified by the court in the order. The registrar shall
not authorize the release of the vehicle or authorize the issuance of new
identification license plates for the vehicle at the
end of the immobilization period the owner's until the immobilization
fee has been paid.
the owner's
(C) Upon receipt of the license plates for a vehicle under this section, the
registrar the registrar's shall destroy the license plates. At the end
of the immobilization period and upon the payment of the immobilization fee
that must be paid under this section, the registrar shall authorize the
release of the vehicle
and authorize the issuance, upon the payment of the same fee as
is required for the replacement of lost, mutilated, or destroyed
license plates and certificates of registration,
of new license plates and, if necessary, a new
certificate of registration to the vehicle owner for the vehicle
in question.
(D)(1) If a court issues an immobilization order under division (A) of this
section, the immobilization period
commences on the day on which the vehicle in question is
immobilized the owner. If the
vehicle in question had been seized under section 4507.38
or 4511.195 of the Revised Code, the time between the
seizure and the beginning of the immobilization period shall be credited
against the immobilization period
specified in the immobilization order issued under
division (A) of this section. No vehicle that is impounded
under this section is eligible to have special license plates of the type
described in section 4503.231 of the Revised Code issued for that vehicle.
(2) If a court issues an immobilization order under division (A) of this
section, if the vehicle
subject to the order is immobilized under the order, and if the
vehicle is found being operated upon any street or highway of
this state during the immobilization period, it
shall be seized, removed from the street or highway, and criminally
forfeited, and disposed of pursuant to section
4503.234 of the Revised Code. No vehicle that is forfeited under
this provision shall be considered contraband for purposes of
section 2933.41, 2933.42, or 2933.43 of the Revised Code, but
shall be held by the law enforcement agency that employs the
officer who seized it for disposal in accordance with section
4503.234 of the Revised Code.
(3) If a court issues an immobilization order under division (A) of this
section, and if the vehicle is not
claimed within seven days after the end of the period of
immobilization or if the vehicle owner the owner's has not paid the
immobilization fee, the person or agency that immobilized
the vehicle shall send a written notice to the vehicle
owner at the vehicle owner's last known address informing
the vehicle owner of the date on which the period of immobilization
ended, that the owner the owner's the vehicle owner has twenty days
after the date of the notice
to pay the immobilization fee and
obtain the release of the vehicle, and that if the owner the owner's
the vehicle owner does not pay the fee and obtain the
release of the vehicle within that twenty-day period, the vehicle
will be forfeited under section 4503.234 of the Revised
Code to the entity that is entitled to the immobilization fee.
(4) An owner of a motor vehicle that is subject to an
immobilization order issued under division (A)
of this section shall not sell the motor vehicle without approval
of the court that issued the order. If such an
owner wishes to sell such a the motor vehicle during the immobilization
period, the owner shall apply to the court that
issued the immobilization order for
permission to assign the title to the vehicle. If the court
is satisfied that the sale will be in good faith and not for the purpose of
circumventing the provisions of division (A)(2) of this
section, it may certify its consent to the owner and to the registrar. Upon
receipt of the court's consent, the registrar shall enter the court's notice
in the owner's vehicle license plate registration record.
If, during a period of immobilization under an immobilization
order issued
under division (A) of this section, the title to the immobilized motor
vehicle is transferred by the foreclosure of a
chattel mortgage, a sale upon execution, the cancellation of a
conditional sales contract, or an order of a court, the involved
court shall notify the registrar of the
action, and the registrar shall enter the court's notice in the owner's
vehicle license plate registration record.
Nothing in this section shall be construed as requiring the registrar or the
clerk of the court of common pleas to note upon the certificate of title
records any prohibition regarding the sale of a motor vehicle.
(5) If the title to a motor vehicle that is subject to an
immobilization order under division (A) of this
section is assigned or transferred without court approval between
the time of arrest of the person who was operating the vehicle at
the time of the offense for which such an order is to be issued
and the time of the actual immobilization of the vehicle, the court
shall order that, for a period of two years from the date of the
order, neither the registrar nor any deputy registrar shall
accept an application for the registration of any motor vehicle
in the name of the owner of the vehicle that was assigned or
transferred without court approval. The court shall notify the
registrar of the order on a form prescribed by the registrar for
that purpose.
(E)(1) The court with jurisdiction over the case, after
notice to all interested parties including lienholders, and after
an opportunity for them to be heard, if the vehicle owner fails
to appear in person, without good cause, or if the court finds
that the vehicle owner does not intend to seek release of the
vehicle at the end of the period of immobilization or that the
vehicle owner is not or will not be able to pay the expenses and
charges incurred in its removal and storage, may order that title
to the vehicle be transferred, in order of priority, first into
the name of the entity entitled to the immobilization fee under
division (A)(6) of this section, next into the name of a
lienholder, or lastly, into the name of the owner of the place of
storage.
A lienholder that receives title under a
court order shall do so on the condition that it pay any expenses or
charges incurred in the vehicle's removal and storage. If the entity that
receives title to the vehicle is the entity that is entitled to the
immobilization fee under division (A)(6) of this section, it shall
receive title on the condition that it pay any lien on the vehicle.
The court shall not order that title be transferred to any person or entity
other than the owner of the place of storage if the person or
entity refuses to receive the title. Any person or entity that
receives title may either keep title to the vehicle or may
dispose of the vehicle in any legal manner that it considers
appropriate, including assignment of the certificate of title to
the motor vehicle to a salvage dealer or a scrap metal processing
facility. The person or entity shall not transfer
the vehicle to the person who is the vehicle's
immediate previous owner.
If the person or entity assigns the motor vehicle to a salvage dealer or
scrap
metal processing facility, the person or entity shall send the assigned
certificate of title to the motor vehicle to the clerk of the court of common
pleas of the county in which the salvage dealer or scrap metal processing
facility is located. The person or entity shall mark the face of the
certificate of title with the words "FOR DESTRUCTION" and shall
deliver a photocopy of the certificate of title to the salvage dealer or scrap
metal processing facility for its records.
(2) Whenever a court issues an order under division (E)(1) of this
section, the court also shall order removal of the license plates
from the vehicle and cause them to be sent to the registrar if
they have not already been sent to the registrar. Thereafter, no further
proceedings shall take place under this section, but the vehicle
owner remains liable for payment of the immobilization fee
described in division (A)(4) of this section if an immobilization
order previously had been issued by the court.
(3) Prior to initiating a proceeding under division (E)(1)
of this section, and upon payment of the fee under division (B) of section
4505.14 of the Revised Code, any interested party may cause
a search to be made of the public records of the bureau of
motor vehicles or the clerk of the court of common pleas, to
ascertain the identity of any lienholder of the vehicle. The
initiating party shall furnish this information to the clerk of
the court with jurisdiction over the case,
and the clerk shall provide notice
to the vehicle owner, the defendant, any lienholder, and any
other interested parties listed by the initiating party, at the
last known address supplied by the initiating party, by certified
mail or, at the option of the initiating party, by personal
service or ordinary mail.
As used in this section, "interested party" includes the
vehicle owner, all lienholders, the defendant, the owner of the
place of storage, the person or entity that caused the vehicle to
be removed, and the person or entity, if any, entitled to the
immobilization fee under division (A)(6) of this section.
Sec. 4507.164. (A) Except as provided in divisions (C) to
(E) of this section, when the license of any person is suspended
or revoked pursuant to any provision of the Revised Code other
than division (B) of section 4507.16 of the Revised
Code, the trial judge may impound the identification license plates of any
motor vehicle registered in the name of the person.
(B)(1) When the license of any person is suspended or
revoked pursuant to division (B)(1) of section 4507.16 of the
Revised Code, the trial judge of the court of record or the mayor
of the mayor's court that suspended or revoked the license may
impound the identification license plates of any motor vehicle
registered in the name of the person.
(2) When the license of any person is suspended or revoked
pursuant to division (B)(2) or (3)
of section 4507.16 of the
Revised Code, the trial judge of the court of record that
suspended or revoked the license shall order the impoundment of
the identification license plates of the motor vehicle the
offender was operating at the time of the offense and the
immobilization of that vehicle in accordance with section
4503.233 and division (A)(2) or, (3), (6),
OR
(7) of section 4511.99 or division (B)(2)(a) or (b) of section
4511.193 of the Revised Code and may impound the identification license plates
of any other
motor vehicle registered in the name of the person whose license
is suspended or revoked.
(3) When the license of any person is suspended or revoked
pursuant to division (B)(4) of section 4507.16 of
the Revised
Code, the trial judge of the court of record that suspended or
revoked the license shall order the criminal forfeiture to the
state of the motor vehicle the offender was operating at the time
of the offense in accordance with section 4503.234 and division
(A)(4) OR (8) of section 4511.99 or division (B)(2)(c) of
section
4511.193 of the Revised Code and may impound the identification
license plates of any other motor vehicle registered in the name
of the person whose license is suspended or revoked.
(C)(1) When a person is convicted of or pleads guilty to a
violation of division (D)(2) of section 4507.02 of the Revised
Code or a substantially equivalent municipal ordinance and
division (B)(1) or (2) of section 4507.99 or division (C)(1) or
(2) of section 4507.36 of the Revised Code applies, the trial
judge of the court of record or the mayor of the mayor's court
that imposes sentence shall order the immobilization of the
vehicle the person was operating at the time of the offense and
the impoundment of its identification license plates in
accordance with section 4503.233 and division (B)(1) or (2) of
section 4507.99 or division (C)(1) or (2) of section 4507.361 of
the Revised Code and may impound the identification license
plates of any other vehicle registered in the name of that
person.
(2) When a person is convicted of or pleads guilty to a
violation of division (D)(2) of section 4507.02 of the Revised
Code or a substantially equivalent municipal ordinance and
division (B)(3) of section 4507.99 or division (C)(3) of section
4507.361 of the Revised Code applies, the trial judge of the
court of record that imposes sentence shall order the criminal
forfeiture to the state of the vehicle the person was operating
at the time of the offense in accordance with section 4503.234
and division (B)(3) of section 4507.99 or division (C)(3) of
section 4507.361 of the Revised Code and may impound the
identification license plates of any other vehicle registered in
the name of that person.
(D)(1) When a person is convicted of or pleads guilty to a
violation of division (B)(1) of section 4507.02 of the Revised
Code or a substantially equivalent municipal ordinance and
division (C)(1) or (2) of section 4507.99 or division (B)(1) or
(2) of section 4507.361 of the Revised Code applies, the trial
judge of the court of record or the mayor of the mayor's court
that imposes sentence shall order the immobilization of the
vehicle the person was operating at the time of the offense and
the impoundment of its identification license plates in
accordance with section 4503.233 and division (C)(1) or (2) of
section 4507.99 or division (B)(1) or (2) of section 4507.361 of
the Revised Code and may impound the identification license
plates of any other vehicle registered in the name of that
person.
(2) When a person is convicted of or pleads guilty to a
violation of division (B)(1) of section 4507.02 of the Revised
Code or a substantially equivalent municipal ordinance and
division (C)(3) of section 4507.99 or division (B)(3) of section
4507.361 of the Revised Code applies, the trial judge of the
court of RECORD that imposes sentence shall order the criminal
forfeiture to the state of the vehicle the person was operating
at the time of the offense in accordance with section 4503.234
and division (C)(3) of section 4507.99 or division (B)(3) of
section 4507.361 of the Revised Code and may impound the
identification license plates of any other vehicle registered in
the name of that person.
(E)(1) When a person is convicted of or pleads guilty to a
violation of section 4507.33 of the Revised Code and the person
is sentenced pursuant to division (E)(1) of section 4507.99 of
the Revised Code, the trial judge of the court of record or the
mayor of the mayor's court that imposes sentence shall order the
immobilization of the vehicle that was involved in the commission
of the offense and the impoundment of its identification license
plates in accordance with division (E)(1) of section 4507.99 and
section 4503.233 of the Revised Code and may impound the
identification license plates of any other vehicle registered in
the name of that person.
(2) When a person is convicted of or pleads guilty to a
violation of section 4507.33 of the Revised Code and the person
is sentenced pursuant to division (E)(2) of section 4507.99 of
the Revised Code, the trial judge of the court of record or the
mayor of the mayor's court that imposes sentence shall order the
criminal forfeiture to the state of the vehicle that was involved
in the commission of the offense in accordance with division
(E)(2) of section 4507.99 and section 4503.234 of the Revised
Code and may impound the identification license plates of any
other vehicle registered in the name of that person.
(F) Except as provided in section 4503.233 or 4503.234 of
the Revised Code, when the certificate of registration, the
identification license plates, or both have been impounded,
division (F) of section 4507.02 of the Revised Code is
applicable.
Sec. 4511.19. (A) No person shall operate any vehicle,
streetcar, or trackless trolley within this state, if any of the
following apply:
(1) The person is under the influence of alcohol, a drug
of abuse, or alcohol and a drug of abuse;
(2) The person has a concentration of ten-hundredths of
one per cent or more
BUT LESS THAN SEVENTEEN-HUNDREDTHS OF ONE PER CENT
by weight of alcohol in his THE PERSON'S
blood;
(3) The person has a concentration of ten-hundredths of
one gram or more BUT LESS THAN SEVENTEEN-HUNDREDTHS OF ONE GRAM
by weight of alcohol per two hundred ten liters
of his THE PERSON'S breath;
(4) The person has a concentration of fourteen-hundredths
of one gram or more
BUT LESS THAN TWO HUNDRED THIRTY-EIGHT-THOUSANDTHS OF ONE GRAM
by weight of alcohol per one hundred
milliliters of his THE PERSON'S urine;
(5) THE PERSON HAS A CONCENTRATION OF
SEVENTEEN-HUNDREDTHS OF ONE PER CENT OR MORE BY WEIGHT OF ALCOHOL
IN THE PERSON'S BLOOD;
(6) THE PERSON HAS A CONCENTRATION OF
SEVENTEEN-HUNDREDTHS OF ONE GRAM OR MORE BY WEIGHT OF ALCOHOL PER
TWO HUNDRED TEN LITERS OF THE PERSON'S BREATH;
(7) THE PERSON HAS A CONCENTRATION OF TWO HUNDRED
THIRTY-EIGHT-THOUSANDTHS OF ONE GRAM OR MORE BY WEIGHT OF ALCOHOL
PER ONE HUNDRED MILLILITERS OF THE PERSON'S URINE.
(B) No person under twenty-one years of age shall operate
any vehicle, streetcar, or trackless trolley within this state,
if any of the following apply:
(1) The person has a concentration of at least
two-hundredths of one per cent but less than ten-hundredths of
one per cent by weight of alcohol in his THE PERSON'S blood;
(2) The person has a concentration of at least
two-hundredths of one gram but less than ten-hundredths of one
gram by weight of alcohol per two hundred ten liters of his THE
PERSON'S breath;
(3) The person has a concentration of at least
twenty-eight one-thousandths of one gram but less than
fourteen-hundredths of one gram by weight of alcohol per one
hundred milliliters of his THE PERSON'S urine.
(C) In any proceeding arising out of one incident, a
person may be charged with a violation of division (A)(1) and a
violation of division (B)(1), (2), or (3) of this section, but he
THE PERSON
may not be convicted of more than one violation of these
divisions.
(D)(1) In any criminal prosecution or juvenile court
proceeding for a violation of this section, of a municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse, or of a municipal ordinance relating to operating a
vehicle with a prohibited concentration of alcohol in the blood,
breath, or urine, the court may admit evidence on the
concentration of alcohol, drugs of abuse, or alcohol and drugs of
abuse in the defendant's blood, breath, urine, or other bodily
substance at the time of the alleged violation as shown by
chemical analysis of the defendant's blood, urine, breath, or
other bodily substance withdrawn within two hours of the time of
the alleged violation.
When a person submits to a blood test at the request of a
police officer under section 4511.191 of the Revised Code, only a
physician, a registered nurse, or a qualified technician or
chemist shall withdraw blood for the purpose of determining its
alcohol, drug, or alcohol and drug content. This limitation does
not apply to the taking of breath or urine specimens. A
physician, a registered nurse, or a qualified technician or
chemist may refuse to withdraw blood for the purpose of
determining the alcohol, drug, or alcohol and drug content of the
blood, if in his THE opinion OF THE PHYSICIAN, NURSE,
TECHNICIAN, OR CHEMIST the physical welfare of the person would
be endangered by the withdrawing of blood.
Such bodily substance shall be analyzed in accordance with
methods approved by the director of health by an individual
possessing a valid permit issued by the director of health
pursuant to section 3701.143 of the Revised Code.
(2) In a criminal prosecution or juvenile court proceeding
for a violation of division (A) of this section, of a municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse, or of a municipal ordinance substantially equivalent to
division (A) of this section relating to operating a vehicle with
a prohibited concentration of alcohol in the blood, breath, or
urine, if there was at the time the bodily substance was
withdrawn a concentration of less than ten-hundredths of one per
cent by weight of alcohol in the defendant's blood, less than
ten-hundredths of one gram by weight of alcohol per two hundred
ten liters of his THE DEFENDANT'S breath, or less than
fourteen-hundredths of one
gram by weight of alcohol per one hundred milliliters of his THE
DEFENDANT'S
urine, such fact may be considered with other competent evidence
in determining the guilt or innocence of the defendant. This
division does not limit or affect a criminal prosecution or
juvenile court proceeding for a violation of division (B) of this
section or of a municipal ordinance substantially equivalent to
division (B) of this section relating to operating a vehicle with
a prohibited concentration of alcohol in the blood, breath, or
urine.
(3) Upon the request of the person who was tested, the
results of the chemical test shall be made available to him, his THE
PERSON OR THE PERSON'S
attorney, or his agent, immediately upon the completion
of the chemical test analysis.
The person tested may have a physician, a registered nurse,
or a qualified technician or chemist of his THE PERSON'S own
choosing
administer a chemical test or tests in addition to any
administered at the request of a police officer, and shall be so
advised. The failure or inability to obtain an additional
chemical test by a person shall not preclude the admission of
evidence relating to the chemical test or tests taken at the
request of a police officer.
(4) Any physician, registered nurse, or qualified
technician or chemist who withdraws blood from a person pursuant
to this section, and any hospital, first-aid station, or clinic
at which blood is withdrawn from a person pursuant to this
section, is immune from criminal liability, and from civil
liability that is based upon a claim of assault and battery or
based upon any other claim that is not in the nature of a claim
of malpractice, for any act performed in withdrawing blood from
the person.
Sec. 4511.191. (A) Any person who operates a vehicle upon
a highway or any public or private property used by the public
for vehicular travel or parking within this state shall be deemed
to have given consent to a chemical test or tests of the
person's blood,
breath, or urine for the purpose of determining the alcohol,
drug, or alcohol and drug content of the person's blood,
breath, or urine
if arrested for operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse or for
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine. The chemical test or tests shall be
administered at the request of a police officer having reasonable
grounds to believe the person to have been operating a vehicle
upon a highway or any public or private property used by the
public for vehicular travel or parking in this state while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse or with a prohibited concentration of alcohol in the
blood, breath, or urine. The law enforcement agency by which the
officer is employed shall designate which of the tests shall be
administered.
(B) Any person who is dead or unconscious, or who is
otherwise in a condition rendering the person incapable of
refusal,
shall be deemed not to have withdrawn consent as provided by
division (A) of this section and the test or tests may be
administered, subject to sections 313.12 to 313.16 of the Revised
Code.
(C)(1) Any person under arrest for operating a vehicle
while under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine shall be
advised at a police station, or at a hospital, first-aid station,
or clinic to which the person has been taken for first-aid or
medical treatment, of both of the following:
(a) The consequences, as specified in division (E) of this
section, of the person's refusal to submit upon request to a
chemical test
designated by the law enforcement agency as provided in division
(A) of this section;
(b) The consequences, as specified in division (F) of this
section, of the person's submission to the designated
chemical test if the person is found to have a prohibited
concentration of alcohol in the
blood, breath, or urine.
(2)(a) The advice given pursuant to division (C)(1) of
this section shall be in a written form containing the
information described in division (C)(2)(b) of this section and
shall be read to the person. The form shall contain a statement
that the form was shown to the person under arrest and read to
the person in the presence of the arresting officer and
either another
police officer, a civilian police employee, or an employee of a
hospital, first-aid station, or clinic, if any, to which the
person has been taken for first-aid or medical treatment. The
witnesses shall certify to this fact by signing the form.
(b) The form required by division (C)(2)(a) of this
section shall read as follows:
"You now are under arrest for operating a vehicle while
under the influence of alcohol, a drug of abuse, or both alcohol
and a drug of abuse and will be requested by a police officer to
submit to a chemical test to determine the concentration of
alcohol, drugs of abuse, or alcohol and drugs of abuse in your
blood, breath, or urine.
If you refuse to submit to the requested test or if you
submit to the requested test and are found to have a prohibited
concentration of alcohol in your blood, breath, or urine, your
driver's or commercial driver's license or permit or nonresident
operating privilege immediately will be suspended for the period
of time specified by law by the officer, on behalf of the
registrar of motor vehicles. You may appeal this suspension at
your initial appearance before the court that hears the charges
against you resulting from the arrest, and your initial
appearance will be conducted no later than five days after the
arrest. This suspension is independent of the penalties for the
offense, and you may be subject to other penalties upon
conviction."
(D)(1) If a person under arrest as described in division
(C)(1) of this section is not asked by a police officer to submit
to a chemical test designated as provided in division (A) of this
section, the arresting officer shall seize the Ohio or
out-of-state driver's or commercial driver's license or permit of
the person and immediately forward the seized license or permit
to the court in which the arrested person is to appear on the
charge for which the person was arrested. If the arrested person does
not have the person's driver's or commercial driver's license or
permit on the person's self or in the person's vehicle, the
arresting
officer shall order the arrested person to surrender it to
the law enforcement agency that employs
the officer within twenty-four hours after the arrest, and, upon
the surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the
arrested person is to appear
on the charge for which the person was arrested. Upon
receipt of the
license or permit, the court shall retain it pending the initial
appearance of the arrested person and any action taken under
section 4511.196 of the Revised Code.
If a person under arrest as described in division (C)(1) of
this section is asked by a police officer to submit to a chemical
test designated as provided in division (A) of this section and
is advised of the consequences of the person's refusal or submission as
provided in division (C) of this section and if the person
either refuses to submit to the designated chemical test or the person
submits to the designated chemical test and the test results
indicate that the person's blood contained a concentration
of ten-hundredths of one per cent or more by weight of alcohol,
the person's breath contained a concentration of ten-hundredths of one gram or
more by weight of alcohol per two hundred ten liters of the
person's breath, or the person's urine contained a
concentration of
fourteen-hundredths of one gram or more by weight of alcohol per
one hundred milliliters of the person's urine at the time of
the alleged
offense, the arresting officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of
suspension upon the person that advises the person that,
independent of any penalties or sanctions imposed upon the
person pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial
driver's license
or permit or nonresident operating privilege is suspended, that
the suspension takes effect immediately, that the suspension will
last at least until the person's initial appearance on the
charge that
will be held within five days after the date of the person's
arrest or the
issuance of a citation to the person, and that
the person may appeal the
suspension at the initial appearance; seize the Ohio or
out-of-state driver's or commercial driver's license or permit of
the person; and immediately forward the seized license or permit
to the registrar. If the arrested person does not have the person's driver's
or commercial driver's license or permit on the person's self or in
the
person's vehicle, the arresting officer shall order
the person to surrender it to the law enforcement agency that employs
the officer within twenty-four hours after the service of the notice
of suspension, and, upon the surrender, the officer's employing
agency immediately shall forward the license or permit to the
registrar.
(b) Verify the current residence of the person and, if it
differs from that on the person's driver's or commercial driver's
license or permit, notify the registrar of the change;
(c) In addition to forwarding the arrested person's
driver's or commercial driver's license or permit to the
registrar, send to the registrar, within forty-eight hours after
the arrest of the person, a sworn report that includes all of the
following statements:
(i) That the officer had reasonable grounds to believe
that, at the time of the arrest, the arrested person was
operating a vehicle upon a highway or public or private property
used by the public for vehicular travel or parking within this
state while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse or with a prohibited concentration of
alcohol in the blood, breath, or urine;
(ii) That the person was arrested and charged with
operating a vehicle while under the influence of alcohol, a drug
of abuse, or alcohol and a drug of abuse or with operating a
vehicle with a prohibited concentration of alcohol in the blood,
breath, or urine;
(iii) That the officer asked the person to take the
designated chemical test, advised the person of the consequences
of submitting to the chemical test or refusing to take the
chemical test, and gave the person the form described in division
(C)(2) of this section;
(iv) That the person refused to submit to the chemical
test or that the person submitted to the chemical test and the
test results indicate that the person's blood contained a
concentration of
ten-hundredths of one per cent or more by weight of alcohol, the
person's breath contained a concentration of ten-hundredths of one gram or
more by weight of alcohol per two hundred ten liters of the
person's breath, or the person's urine contained a
concentration of
fourteen-hundredths of one gram or more by weight of alcohol per
one hundred milliliters of the person's urine at the time of
the alleged
offense;
(v) That the officer served a notice of suspension upon
the person as described in division (D)(1)(a) of this section.
(2) The sworn report of an arresting officer completed
under division (D)(1)(c) of this section shall be given by the
officer to the arrested person at the time of the arrest or sent
to the person by regular first class mail by the registrar as
soon thereafter as possible, but no later than fourteen days
after receipt of the report. An arresting officer may give an
unsworn report to the arrested person at the time of the arrest
provided the report is complete when given to the arrested person
and subsequently is sworn to by the arresting officer. As soon
as possible, but no later than forty-eight hours after the arrest
of the person, the arresting officer shall send a copy of the
sworn report to the court in which the arrested person is to
appear on the charge for which the person was arrested.
(3) The sworn report of an arresting officer completed and
sent to the registrar and the court under divisions (D)(1)(c) and
(D)(2) of this section is prima-facie proof of the information
and statements that it contains and shall be admitted and
considered as prima-facie proof of the information and statements
that it contains in any appeal under division (H) of this section
relative to any suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
that results from the arrest covered by the report.
(E)(1) Upon receipt of the sworn report of an arresting
officer completed and sent to the registrar and a court pursuant
to divisions (D)(1)(c) and (D)(2) of this section in regard to a
person who refused to take the designated chemical test, the
registrar shall enter into the registrar's records the fact
that the person's
driver's or commercial driver's license or permit or nonresident
operating privilege was suspended by the arresting officer under
division (D)(1)(a) of this section and the period of the
suspension, as determined under divisions (E)(1)(a) to (d) of
this section. The suspension shall be subject to appeal as
provided in this section and shall be for whichever of the
following periods applies:
(a) If the arrested person, within five years of the date
on which the person refused the request to consent to the
chemical test,
had not refused a previous request to consent to a chemical test
of the person's blood, breath, or urine to determine its
alcohol content,
the period of suspension shall be one year. If the person is a
resident without a license or permit to operate a vehicle within
this state, the registrar shall deny to the person the issuance
of a driver's or commercial driver's license or permit for a
period of one year after the date of the alleged violation.
(b) If the arrested person, within five years of the date
on which the person refused the request to consent to the
chemical test,
had refused one previous request to consent to a chemical test of
the person's blood, breath, or urine to determine its
alcohol content, the
period of suspension or denial shall be two years.
(c) If the arrested person, within five years of the date
on which the person refused the request to consent to the
chemical test,
had refused two previous requests to consent to a chemical test
of the person's blood, breath, or urine to determine its
alcohol content,
the period of suspension or denial shall be three years.
(d) If the arrested person, within five years of the date
on which the person refused the request to consent to the
chemical test,
had refused three or more previous requests to consent to a
chemical test of the person's blood, breath, or urine to
determine its
alcohol content, the period of suspension or denial shall be five
years.
(2) The suspension or denial imposed under division (E)(1)
of this section shall continue for the entire one-year, two-year,
three-year, or five-year period, subject to appeal as provided in
this section and subject to termination as provided in division
(K) of this section.
(F) Upon receipt of the sworn report of an arresting
officer completed and sent to the registrar and a court pursuant
to divisions (D)(1)(c) and (D)(2) of this section in regard to a
person whose test results indicate that the person's blood
contained a
concentration of ten-hundredths of one per cent or more by weight
of alcohol, the person's breath contained a concentration of
ten-hundredths of one gram or more by weight of alcohol per two
hundred ten liters of the person's breath, or
the person's urine contained a
concentration of fourteen-hundredths of one gram or more by
weight of alcohol per one hundred milliliters of the
person's urine at the time of the alleged offense, the registrar shall
enter into the registrar's records the fact that the person's driver's or
commercial
driver's license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of
this section and the period of the suspension, as determined
under divisions (F)(1) to (4) of this section. The suspension
shall be subject to appeal as provided in this section and shall
be for whichever of the following periods that applies:
(1) Except when division (F)(2), (3), or (4) of this section
applies and specifies a different period of suspension or denial, the period
of the suspension or denial shall be ninety days.
(2) If the person has been convicted, within six years of
the date the test
was conducted, of one violation of
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, a municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine, section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section, or section 2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that at the time of the commission of the
offense the offender was under the influence of alcohol, a drug
of abuse, or alcohol and a drug of abuse, or a statute of the United States or
of any other state or a municipal ordinance of a municipal corporation located
in any other state that is substantially similar to division (A) or (B) of
section 4511.19 of the Revised Code, the period of the
suspension or denial shall be one year.
(3) If the person has been convicted, within six years of
the date the test was conducted, of two violations of a statute
or ordinance described in division (F)(2) of this section,
the period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of
the date the test was conducted, of more than two violations of a
statute or ordinance described in division (F)(2) of this
section, the period of the suspension or denial shall be three
years.
(G)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under division (D)(1)(a) of this section for the period of time
described in division (E) or (F) of this section is effective
immediately from the time at which the arresting officer serves
the notice of suspension upon the arrested person. Any
subsequent finding that the person is not guilty of the charge
that resulted in the person being requested to take, or in
the person taking,
the chemical test or tests under division (A) of this section
affects the suspension only as described in division (H)(2) of
this section.
(2) If a person is arrested for operating a vehicle while
under the influence of alcohol, a drug of abuse, or alcohol and a
drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine and
regardless of whether the person's driver's or commercial
driver's license or permit or nonresident operating privilege is
or is not suspended under division (E) or (F) of this section,
the person's initial appearance on the charge resulting from the
arrest shall be held within five days of the person's arrest or
the issuance of the citation to the person, subject to any
continuance
granted by the court pursuant to division (H)(1) of this section
regarding the issues specified in that division.
(H)(1) If a person is arrested for operating a vehicle
while under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine and if
the person's driver's or commercial driver's license or permit or
nonresident operating privilege is suspended under division (E)
or (F) of this section, the person may appeal the suspension at
the person's initial appearance on the charge
resulting from
the arrest in the court in which the person will appear on
that charge. If the person appeals the suspension at the
person's initial appearance, the appeal does
not stay the operation of the suspension. Subject to division
(H)(2) of this section, no court has jurisdiction to grant a stay
of a suspension imposed under division (E) or (F) of this
section, and any order issued by any court that purports to grant
a stay of any suspension imposed under either of those divisions
shall not be given administrative effect.
If the person appeals the suspension at the person's initial
appearance, either the person or the registrar may request a
continuance
of the appeal. Either the person or the registrar shall make the
request for a continuance of the appeal at the same time as the
making of the appeal. If either the person or the registrar
requests a continuance of the appeal, the court may grant the
continuance. The court also may continue the appeal on its own
motion. The granting of a continuance applies only to the
conduct of the appeal of the suspension and does not extend the
time within which the initial appearance must be conducted, and
the court shall proceed with all other aspects of the initial
appearance in accordance with its normal procedures. Neither the
request for nor the granting of a continuance stays the operation
of the suspension that is the subject of the appeal.
If the person appeals the suspension at the person's initial
appearance, the scope of the appeal is limited to determining
whether one or more of the following conditions have not been
met:
(a) Whether the law enforcement officer had reasonable
ground to believe the arrested person was operating a vehicle
upon a highway or public or private property used by the public
for vehicular travel or parking within this state while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse or with a prohibited concentration of alcohol in the blood,
breath, or urine and whether the arrested person was in fact
placed under arrest;
(b) Whether the law enforcement officer requested the
arrested person to submit to the chemical test designated
pursuant to division (A) of this section;
(c) Whether the arresting officer informed the arrested
person of the consequences of refusing to be tested or of
submitting to the test;
(d) Whichever of the following is applicable:
(i) Whether the arrested person refused to submit to the
chemical test requested by the officer;
(ii) Whether the chemical test results indicate that the
arrested person's blood contained a concentration of ten-hundredths of one
per cent
or more by weight of alcohol, the person's breath contained
a
concentration of ten-hundredths of one gram or more by weight of
alcohol per two hundred ten liters of the person's breath,
or the person's urine contained a concentration of
fourteen-hundredths of one gram or
more by weight of alcohol per one hundred milliliters of the
person's urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial
appearance, the judge or referee of the court or the mayor of the
mayor's court shall determine whether one or more of the
conditions specified in divisions (H)(1)(a) to (d) of this
section have not been met. The person who appeals the suspension
has the burden of proving, by a preponderance of the evidence,
that one or more of the specified conditions has not been met.
If during the appeal at the initial appearance the judge or
referee of the court or the mayor of the mayor's court determines
that all of those conditions have been met, the judge, referee,
or mayor shall uphold the suspension, shall continue the
suspension, and shall notify the registrar of the decision on a form
approved by the registrar. Except as otherwise provided in division
(H)(2) of this section, if the suspension is upheld or if the person does not
appeal the suspension at the person's initial appearance
under division (H)(1) of this section, the suspension shall continue until the
complaint alleging the violation for which the person was arrested and in
relation to which the suspension was imposed is adjudicated on
the merits by the judge or referee of the trial court or by the
mayor of the mayor's court. If the suspension was imposed under
division (E) of this section and it is continued under this
division, any subsequent finding that the person is not guilty of
the charge that resulted in the person being requested to take the
chemical test or tests under division (A) of this section does
not terminate or otherwise affect the suspension. If the
suspension was imposed under division (F) of this section and it
is continued under this division, the suspension shall terminate
if, for any reason, the person subsequently is found not guilty
of the charge that resulted in the person taking the
chemical test or
tests under division (A) of this section.
If, during the appeal at the initial appearance, the judge
or referee of the trial court or the mayor of the mayor's court
determines that one or more of the conditions specified in
divisions (H)(1)(a) to (d) of this section have not been met, the
judge, referee, or mayor shall terminate the suspension, subject
to the imposition of a new suspension under division (B) of
section 4511.196 of the Revised Code; shall notify the registrar
of the decision on a form approved by the registrar; and, except as
provided in division (B) of
section 4511.196 of the Revised Code, shall order the registrar
to return the driver's or commercial driver's license or permit
to the person or to take such measures as may be necessary, if
the license or permit was destroyed under section 4507.55 of the
Revised Code, to permit the person to obtain a replacement
driver's or commercial driver's license or permit from the
registrar or a deputy registrar in accordance with that section. The court
also shall issue to the person a court order, valid for
not more than ten days from the date of issuance, granting the
person operating privileges for that period of time.
If the person appeals the suspension at the initial
appearance, the registrar shall be represented by the prosecuting
attorney of the county in which the arrest occurred if the
initial appearance is conducted in a juvenile court or county
court, except that if the arrest occurred within a city or
village within the jurisdiction of the county court in which the
appeal is conducted, the city director of law or village
solicitor of that city or village shall represent the registrar.
If the appeal is conducted in a municipal court, the registrar
shall be represented as provided in section 1901.34 of the
Revised Code. If the appeal is conducted in a mayor's court, the
registrar shall be represented by the city director of law,
village solicitor, or other chief legal officer of the municipal
corporation that operates that mayor's court.
(I)(1) If a person's driver's or commercial driver's
license or permit or nonresident operating privilege has been
suspended pursuant to division (E) of this section, and the
person, within the preceding seven years, has refused three
previous requests to consent to a chemical test of the
person's blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations of
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, a municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine, section 2903.04 of the Revised Code in a case in which
the person was subject to the sanctions described in division (D)
of that section, or section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the person was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute
of the United States or of any other state or a municipal ordinance of a
municipal corporation located in any other state that is substantially similar
to division (A) or (B) of section 4511.19 of the Revised Code, the
person is not entitled to request, and the court shall not grant
to the person, occupational driving privileges under this
division. Any other person whose driver's or commercial driver's
license or nonresident operating privilege has been suspended
pursuant to division (E) of this section may file a petition
requesting occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person is a minor,
juvenile court
with jurisdiction over the related criminal or delinquency case.
The petition may be filed at any time subsequent to the date on
which the notice of suspension is served upon
the arrested person. The person shall pay the costs of the
proceeding, notify the registrar of the filing of the petition,
and send the registrar a copy of the petition.
In the proceedings, the registrar shall be represented by
the prosecuting attorney of the county in which the arrest
occurred if the petition is filed in the juvenile court, county
court, or common pleas court, except that, if the arrest occurred within a
city or
village within the jurisdiction of the county court in which the
petition is filed, the city director of law or village solicitor
of that city or village shall represent the registrar. If the
petition is filed in the municipal court, the registrar shall be
represented as provided in section 1901.34 of the Revised Code. If the
petition is filed in a mayor's court, the registrar shall be represented by
the city director of law, village solicitor, or other chief legal officer
of the municipal corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that
suspension would seriously affect the person's ability to
continue in the person's employment, may grant the person
occupational
driving privileges during the period of suspension imposed
pursuant to division (E) of this section, subject to the
limitations contained in this division and division (I)(2) of
this section. The court may grant the occupational driving
privileges, subject to the limitations contained in this division
and division (I)(2) of this section, regardless of whether the
person appeals the suspension at the person's initial
appearance under
division (H)(1) of this section or appeals the decision of the
court made pursuant to the appeal conducted at the initial
appearance, and, if the person has appealed the suspension or
decision, regardless of whether the matter at issue has been
heard or decided by the court. The court shall not grant
occupational driving privileges to any person who, within seven
years of the filing of the petition, has refused three previous
requests to consent to a chemical test of the person's
blood, breath, or
urine to determine its alcohol content or has been convicted of
or pleaded guilty to three or more violations of division (A) or
(B) of section 4511.19 of the Revised Code, a municipal ordinance
relating to operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse, a
municipal ordinance relating to operating a vehicle with a
prohibited concentration of alcohol in the blood, breath, or
urine, section 2903.04 of the Revised Code in a case in which the
person was subject to the sanctions described in division (D) of
that section, or section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the person was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a
statute of the United States or of any other state or a municipal ordinance of
a municipal corporation located in any other state that is substantially
similar to division (A) or (B) of section 4511.19 of the Revised Code, and
shall not grant occupational driving privileges for employment as
a driver of commercial motor vehicles to any person who is
disqualified from operating a commercial motor vehicle under
section 2301.374 or 4506.16 of the Revised Code.
(2)(a) In granting occupational driving privileges under
division (I)(1) of this section, the court may impose any
condition it considers reasonable and necessary to limit the use
of a vehicle by the person. The court shall deliver to the
person a permit card, in a form to be prescribed by the court,
setting forth the time, place, and other conditions limiting the
defendant's use of a vehicle. The grant of occupational driving
privileges shall be conditioned upon the person's having the
permit in the person's possession at all times during which
the person is
operating a vehicle.
A person granted occupational driving privileges who
operates a vehicle for other than occupational purposes, in
violation of any condition imposed by the court, or without
having the permit in the person's possession, is guilty of a
violation of
section 4507.02 of the Revised Code.
(b) The court may not grant a person occupational driving
privileges under division (I)(1) of this section when prohibited
by a limitation contained in that division or during any of the
following periods of time:
(i) The first thirty days of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's blood,
breath, or
urine to determine its alcohol content and for which refusal the
suspension was imposed, had not refused a previous request to
consent to a chemical test of the person's blood, breath, or
urine to
determine its alcohol content;
(ii) The first ninety days of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's blood,
breath, or
urine to determine its alcohol content and for which refusal the
suspension was imposed, had refused one previous request to
consent to a chemical test of the person's blood, breath, or
urine to
determine its alcohol content;
(iii) The first year of suspension imposed upon a person
who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's
blood, breath, or
urine to determine its alcohol content and for which refusal the
suspension was imposed, had refused two previous requests to
consent to a chemical test of the person's blood, breath, or
urine to
determine its alcohol content;
(iv) The first three years of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's blood,
breath, or
urine to determine its alcohol content and for which refusal the
suspension was imposed, had refused three or more previous
requests to consent to a chemical test of the person's
blood, breath, or
urine to determine its alcohol content.
(3) The court shall give information in writing of any
action taken under this section to the registrar.
(4) If a person's driver's or commercial driver's license
or permit or nonresident operating privilege has been suspended
pursuant to division (F) of this section, and the person, within
the preceding seven years, has been convicted of or pleaded
guilty to three or more violations of division (A) or (B) of
section 4511.19 of the Revised Code, a municipal ordinance
relating to operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse, a
municipal ordinance relating to operating a vehicle with a
prohibited concentration of alcohol in the blood, breath, or
urine, section 2903.04 of the Revised Code in a case in which the
person was subject to the sanctions described in division (D) of
that section, or section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the person was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute
of the United States or of any other state or a municipal ordinance of a
municipal corporation located
in any other state that is substantially similar to division (A) or
(B) of section 4511.19 of the Revised Code, the
person is not entitled to request, and the court shall not grant
to the person, occupational driving privileges under this
division. Any other person whose driver's or commercial driver's
license or nonresident operating privilege has been suspended
pursuant to division (F) of this section may file in the court
specified in division (I)(1) of this section a petition
requesting occupational driving privileges in accordance with
section 4507.16 of the Revised Code. The petition may be filed
at any time subsequent to the date on which the arresting officer
serves the notice of suspension upon the arrested person. Upon
the making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code.
The court may grant the occupational driving privileges, subject
to the limitations contained in section 4507.16 of the Revised
Code, regardless of whether the person appeals the suspension at
the person's initial appearance under division (H)(1) of
this section or
appeals the decision of the court made pursuant to the appeal
conducted at the initial appearance, and, if the person has
appealed the suspension or decision, regardless of whether the
matter at issue has been heard or decided by the court.
(J) When it finally has been determined under the
procedures of this section that a nonresident's privilege to
operate a vehicle within this state has been suspended, the
registrar shall give information in writing of the action taken
to the motor vehicle administrator of the state of the person's
residence and of any state in which the person has a license.
(K) A suspension of the driver's or commercial driver's
license or permit of a resident, a suspension of the operating
privilege of a nonresident, or a denial of a driver's or
commercial driver's license or permit pursuant to
division (E) or (F) of this section shall be
terminated by the
registrar upon receipt of notice of the person's entering a plea
of guilty to, or of the person's conviction of, operating a vehicle
while
under the influence of alcohol, a drug of abuse, or alcohol and a
drug of abuse or with a prohibited concentration of alcohol in
the blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same incident
that led to the suspension or denial.
The registrar shall credit against any judicial suspension
of a person's driver's or commercial driver's license or permit
or nonresident operating privilege imposed pursuant to division
(B) or (E) of section 4507.16 of the Revised Code any time during
which the person serves a related suspension imposed pursuant to
division (E) or (F) of this section.
(L) At the end of a suspension period under this section,
section 4511.196, or division (B) of section 4507.16 of the
Revised Code and upon the request of the person whose driver's or
commercial driver's license or permit was suspended and who is
not otherwise subject to suspension, revocation, or
disqualification, the registrar shall return the driver's or
commercial driver's license or permit to the person upon the
person's compliance with all of the
conditions specified in divisions (L)(1) and (2)
of this section:
(1) A showing by the person that the person has proof of
financial
responsibility, a policy of liability insurance in effect that
meets the minimum standards set forth in section 4509.51 of the
Revised Code, or proof, to the satisfaction of the registrar,
that the person is able to respond in damages in an amount at
least equal to the minimum amounts specified in section 4509.51
of the Revised Code.
(2) Subject to the limitation contained in division
(L)(3) of this section, payment by the person of a license
reinstatement fee
of four hundred five dollars to the
bureau of motor
vehicles,
which fee shall be deposited in the state treasury and credited
as follows:
(a) One hundred twelve dollars and fifty
cents shall be credited to the drivers'
treatment and intervention fund, which is hereby established.
The fund shall be used to pay the costs of driver treatment and
intervention programs operated pursuant to sections 3793.02 and
3793.10 of the Revised Code. The director of alcohol and drug
addiction services shall determine the share of the fund that is
to be allocated to alcohol and drug addiction programs authorized
by section 3793.02 of the Revised Code, and the share of the fund
that is to be allocated to drivers' intervention programs
authorized by section 3793.10 of the Revised Code.
(b) Seventy-five dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code.
(c) Thirty-seven dollars and fifty cents
shall be credited to the indigent
drivers alcohol treatment fund, which is hereby established. Except as
otherwise provided in division
(L)(2)(c) of this section, moneys in the fund shall be
distributed by the department of alcohol and drug addiction
services to the county indigent drivers alcohol
treatment funds, the county juvenile indigent drivers alcohol treatment funds,
and the municipal indigent drivers alcohol treatment funds that are
required to be established by counties and municipal corporations pursuant
to division (N) of this section, and shall be used only to pay
the cost of an alcohol and drug addiction treatment program
attended by an offender or juvenile traffic offender who is
ordered to attend an alcohol and drug addiction treatment program
by a county, juvenile, or municipal court judge and who is
determined by the county, juvenile, or municipal court judge not
to have the means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with that
division. Moneys in the fund that are not
distributed to a county indigent drivers alcohol treatment fund,
a county juvenile indigent drivers alcohol treatment fund, or a
municipal indigent drivers alcohol treatment fund under division
(N) of this section because the director of alcohol and drug addiction
services does not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was arrested may
be transferred by the director of budget and management to the drivers'
treatment and intervention fund, created in division (L)(2)(a) of this
section, upon certification of the amount by the director of alcohol and drug
addiction services.
(d) Seventy-five dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent.
(e) Seventy-five dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division
(L)(4) of this section.
(f) Thirty dollars shall be credited to the state bureau of motor
vehicles fund created by section 4501.25 of the Revised Code.
(3) If a person's driver's or commercial driver's license or
permit is suspended under division (E) or (F) of this
section, section 4511.196, or
division (B) of section 4507.16 of the Revised Code, or any combination of the
suspensions described in division (L)(3) of this section, and if the
suspensions arise from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be required to
pay to the bureau, only one reinstatement fee of four hundred five
dollars. The reinstatement fee shall be distributed by the bureau in
accordance with division (L)(2) of this section.
(4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to a law enforcement agency under division (L)(2)(e) of this
section shall be used by the agency to pay for not more than
fifty per cent of the amount of the salaries of law enforcement
officers who conduct drug abuse resistance education programs in
public schools. The attorney general shall not use more than six
per cent of the amounts the attorney general's office
receives under division
(L)(2)(e) of this section to pay the costs it incurs in
administering the grant program established by division (L)(2)(e)
of this section and in providing training and materials relating
to drug abuse resistance education programs.
The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs.
(M) Suspension of a commercial driver's license under
division (E) or (F) of this section shall be concurrent with any
period of disqualification under section 2301.374 or 4506.16 of the Revised
Code. No person who is disqualified for life from holding a
commercial driver's license under section 4506.16 of the Revised
Code shall be issued a driver's license under Chapter 4507. of
the Revised Code during the period for which the commercial
driver's license was suspended under division (E) or (F) of this
section, and no person whose commercial driver's license is
suspended under division (E) or (F) of this section shall be
issued a driver's license under that chapter during the period of
the suspension.
(N)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (L) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, and all portions of
fines that are specified for deposit into a county or municipal
indigent drivers alcohol treatment fund by section 4511.193 of
the Revised Code shall be deposited into that county indigent
drivers alcohol treatment fund, county juvenile indigent drivers
alcohol treatment fund, or municipal indigent drivers alcohol
treatment fund in accordance with division (N)(2) of this
section. Additionally, all portions of fines that are paid for a
violation of section 4511.19 of the Revised Code or division
(B)(2) of section 4507.02 of the Revised Code, and that are
required under division (A)(1) or, (2),
(5), OR (6) of section 4511.99 or
division (B)(5) of section 4507.99 of the Revised Code to be
deposited into a county indigent drivers alcohol treatment fund
or municipal indigent drivers alcohol treatment fund shall be
deposited into the appropriate fund in accordance with the
applicable division.
(2) That portion of the license reinstatement fee that is
paid under division (L) of this section and that is credited
under that division to the indigent drivers alcohol treatment
fund shall be deposited into a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund as follows:
(a) If the suspension in question was imposed under this
section, that portion of the fee shall be deposited as follows:
(i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension,
the portion shall be deposited into the county indigent drivers
alcohol treatment fund under the control of that court;
(ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the
suspension, the portion shall be deposited into the county
juvenile indigent drivers alcohol treatment fund established in
the county served by the court;
(iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers alcohol treatment fund under the control of that
court.
(b) If the suspension in question was imposed under
division (B) of section 4507.16 of the Revised Code, that portion
of the fee shall be deposited as follows:
(i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court;
(ii) If the fee is paid by a person whose license or
permit was suspended by a municipal court, the portion shall be
deposited into the municipal indigent drivers alcohol treatment
fund under the control of that court.
(3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of the
attendance at an alcohol and drug addiction treatment program of
a person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of attendance at the
treatment program or for payment of the costs specified in division
(N)(4) of this section in accordance with that division. The
alcohol and drug addiction services board or the board of alcohol, drug
addiction, and
mental health services established pursuant to section 340.02 or
340.021 of
the Revised Code and serving the alcohol, drug addiction, and mental
health service district in which the court is located shall
administer the indigent drivers alcohol treatment program of the
court. When a court orders an offender or juvenile traffic
offender to attend an alcohol and drug addiction treatment
program, the board shall determine which program is suitable to
meet the needs of the offender or juvenile traffic offender, and
when a suitable program is located and space is available at the
program, the offender or juvenile traffic offender shall attend
the program designated by the board. A reasonable amount not to
exceed five per cent of the amounts credited to and deposited
into the county indigent drivers alcohol treatment fund, the
county juvenile indigent drivers alcohol treatment fund, or the
municipal indigent drivers alcohol treatment fund serving every
court whose program is administered by that board shall be paid
to the board to cover the costs it incurs in administering those
indigent drivers alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or the board
of alcohol, drug addiction, and mental health services established pursuant to
section 340.02 or 340.021 of the Revised Code
and serving the alcohol, drug addiction, and
mental health district in which the court is located, that
the funds in the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal indigent
drivers alcohol treatment fund under the control of the court are more than
sufficient to satisfy the purpose for which the fund was established, as
specified in divisions (N)(1) to (3) of this section, the
court may declare a surplus in the fund. If the court declares a surplus in
the fund, the court may expend the amount of the surplus in the fund for
alcohol and drug abuse assessment and treatment of persons who are charged in
the court with committing a criminal offense or with being a delinquent child
or juvenile traffic offender and in relation to whom both of the following
apply:
(a) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity or the
juvenile traffic offense with which the person is charged.
(b) The court determines that the person is unable
to pay the cost of the alcohol and drug abuse assessment and treatment for
which the surplus money will be used.
Sec. 4511.99. (A) Whoever violates division (A)(1), (2), (3),
OR (4) of section 4511.19 of the Revised Code, in addition to
the license suspension or revocation provided in section 4507.16 of the
Revised Code and any disqualification imposed under section
4506.16 of the Revised Code, shall be punished as provided in
division (A)(1), (2), (3), or (4) of this section.
WHOEVER VIOLATES DIVISION
(A)(5), (6), OR (7) OF SECTION
4511.19 OF THE REVISED
CODE, IN ADDITION TO THE
LICENSE SUSPENSION OR REVOCATION PROVIDED IN SECTION 4507.16 OF
THE REVISED
CODE AND ANY DISQUALIFICATION
IMPOSED UNDER SECTION 4506.16 OF THE
REVISED
CODE, SHALL BE PUNISHED AS
PROVIDED IN DIVISION (A)(5),
(6), (7), OR (8) OF THIS SECTION.
(1) Except as otherwise provided in division (A)(2), (3), or (4) of this
section, the offender is guilty of a misdemeanor of the first degree,
and the court shall sentence the offender to a term of imprisonment of
three consecutive days and may sentence the offender pursuant to
section 2929.21 of the Revised Code to a longer term of
imprisonment. In addition, the court shall impose upon the
offender a fine of not less than two hundred and not more than
one thousand dollars.
The court may suspend the execution of the mandatory three
consecutive days of imprisonment that it is required to impose by
this division, if the court, in lieu of the suspended term of
imprisonment, places the offender on probation and requires the
offender to attend, for three consecutive days, a drivers'
intervention program that is certified pursuant to section
3793.10 of the Revised Code. The court also may suspend the
execution of any part of the mandatory three consecutive days of
imprisonment that it is required to impose by this division, if
the court places the offender on probation for part of the three
consecutive days; requires the offender to attend, for that part
of the three consecutive days, a drivers' intervention program
that is certified pursuant to section 3793.10 of the Revised
Code; and sentences the offender to a term of imprisonment equal
to the remainder of the three consecutive days that the offender
does not spend attending the drivers' intervention program. The
court may require the offender, as a condition of probation, to
attend and satisfactorily complete any treatment or education
programs that comply with the minimum standards adopted pursuant
to Chapter 3793. of the Revised Code by the director of alcohol
and drug addiction services, in addition to the required
attendance at a drivers' intervention program, that the operators
of the drivers' intervention program determine that the offender
should attend and to report periodically to the court on the offender's
progress in the programs. The court also may impose any other
conditions of probation on the offender that it considers
necessary.
Of the fine imposed pursuant to this division, twenty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing section 4511.19 of the Revised
Code or a substantially similar municipal ordinance and in
informing the public of the laws governing the operation of a
motor vehicle while under the influence of alcohol, the dangers
of operating a motor vehicle while under the influence of
alcohol, and other information relating to the operation of a
motor vehicle and the consumption of alcoholic beverages.
Twenty-five dollars of the fine imposed pursuant to this division
shall be deposited into the county indigent drivers alcohol
treatment fund or municipal indigent drivers alcohol treatment
fund under the control of that court, as created by the county or
municipal corporation pursuant to division (N) of section
4511.191 of the Revised Code. The balance of the fine shall be
disbursed as otherwise provided by law.
(2)(a) Except as otherwise provided in division (A)(4)
of this section AND EXCEPT AS PROVIDED IN THIS DIVISION, if, within six
years of the offense, the offender has been convicted of or pleaded guilty to
one violation of
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, a municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine, section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section, section 2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of
the United States or of any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code, the offender is guilty of a misdemeanor of the first
degree, and, except as provided in this division, the court
shall sentence the
offender to a term of imprisonment of ten consecutive days and
may sentence the offender pursuant to section 2929.21 of the
Revised Code to a longer term of imprisonment. As an alternative
to the term of imprisonment required to be imposed by this
division, but subject to division (A)(8)(12) of this section,
the court may impose upon the offender a sentence consisting of both
a term of imprisonment of five consecutive days and not less than
eighteen consecutive days of electronically monitored house
arrest as defined in division (A) of section 2929.23 of the
Revised Code. The five consecutive days of imprisonment and the
period of electronically monitored house arrest shall not exceed
six months. The five consecutive days of imprisonment do not
have to be served prior to or consecutively with the period of
electronically monitored house arrest.
In addition, the court shall impose upon the offender a
fine of not less than three hundred and not more than one
thousand five hundred dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10 of the Revised Code. If the officials of the drivers'
intervention program determine that the offender is alcohol
dependent, they shall notify the court, and the court shall order
the offender to obtain treatment through an alcohol and drug
addiction program authorized by section 3793.02 of the Revised
Code. The cost of the treatment shall be paid by the offender.
Of the fine imposed pursuant to this division, thirty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance and in informing the public of the laws governing the
operation of a motor vehicle while under the influence of
alcohol, the dangers of operating a motor vehicle while under the
influence of alcohol, and other information relating to the
operation of a motor vehicle and the consumption of alcoholic
beverages. Sixty-five dollars of the fine imposed pursuant to
this division shall be paid to the political subdivision
responsible for housing the offender during the offender's
term of
incarceration. This share shall be used by the political
subdivision to pay or reimburse incarceration costs it incurs in
housing persons who violate section 4511.19 of the Revised Code
or a substantially similar municipal ordinance and to pay for
ignition interlock devices and electronic house arrest equipment
for persons who violate that section, and shall be paid to the
credit of the fund that pays the cost of the incarceration.
Fifty dollars of the fine imposed pursuant to this division shall
be deposited into the county indigent drivers alcohol treatment
fund or municipal indigent drivers alcohol treatment fund under
the control of that court, as created by the county or municipal
corporation pursuant to division (N) of section 4511.191 of the
Revised Code. The balance of the fine shall be disbursed as
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in addition to the
penalties imposed under division (A)(2)(a) of this section and
all other penalties provided by law and subject to section
4503.235 of the Revised Code, shall order the immobilization for
ninety days of the vehicle the offender was operating at the time
of the offense and the impoundment for ninety days of the
identification license plates of that vehicle. The order for the
immobilization and impoundment shall be issued and enforced in
accordance with section 4503.233 of the Revised Code.
(3)(a) Except as otherwise provided in division (A)(4)
of this section AND EXCEPT AS PROVIDED IN THIS DIVISION, if, within six
years of the offense,
the offender
has been convicted of or pleaded guilty to two violations of
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, a municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine, section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section, section 2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse,
or a statute of the United States or of any other
state or a municipal ordinance of a municipal corporation located in any other
state that is substantially similar to division (A) or (B) of section 4511.19
of the Revised Code, except as provided in this division, the court
shall
sentence the offender to a term of imprisonment of thirty consecutive days and
may sentence the offender to a longer definite term of
imprisonment of not more than one year. As an alternative to the
term of imprisonment required to be imposed by this division, but
subject to division (A)(8)(12) of this section, the court may
impose upon the offender a sentence consisting of both a term of
imprisonment of fifteen consecutive days and not less than
fifty-five consecutive days of electronically monitored house
arrest as defined in division (A) of section 2929.23 of the
Revised Code. The fifteen consecutive days of imprisonment and
the period of electronically monitored house arrest shall not
exceed one year. The fifteen consecutive days of imprisonment do
not have to be served prior to or consecutively with the period
of electronically monitored house arrest.
In addition, the court shall impose upon the offender a
fine of not less than five hundred and not more than two thousand
five hundred dollars.
In addition to any other sentence that it imposes upon the
offender, the court shall require the offender to attend an
alcohol and drug addiction program authorized by section 3793.02
of the Revised Code. The cost of the treatment shall be paid by
the offender. If the court determines that the offender is
unable to pay the cost of attendance at the treatment
program, the court may order that payment of the cost of the
offender's attendance at the treatment program be made from that
court's indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred
twenty-three dollars shall be paid to an enforcement and
education fund established by the legislative authority of the
law enforcement agency in this state that primarily was
responsible for the arrest of the offender, as determined by the
court that imposes the fine. This share shall be used by the
agency to pay only those costs it incurs in enforcing section
4511.19 of the Revised Code or a substantially similar municipal
ordinance and in informing the public of the laws governing the
operation of a motor vehicle while under the influence of
alcohol, the dangers of operating a motor vehicle while under the
influence of alcohol, and other information relating to the
operation of a motor vehicle and the consumption of alcoholic
beverages. Two hundred twenty-seven dollars of the fine imposed
pursuant to this division shall be paid to the political
subdivision responsible for housing the offender during the
offender's term
of incarceration. This share shall be used by the political
subdivision to pay or reimburse incarceration costs it incurs in
housing persons who violate division (A) of section 4511.19 of
the Revised Code or a substantially similar municipal ordinance
and to pay for ignition interlock devices and electronic house
arrest equipment for persons who violate that section and shall
be paid to the credit of the fund that pays the cost of
incarceration. The balance of the fine shall be disbursed as
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in addition to the
penalties imposed under division (A)(3)(a) of this section and
all other penalties provided by law and subject to section
4503.235 of the Revised Code, shall order the immobilization for
one hundred eighty days of the vehicle the offender was operating
at the time of the offense and the impoundment for one hundred
eighty days of the identification license plates of that vehicle.
The order for the immobilization and impoundment shall be issued
and enforced in accordance with section 4503.233 of the Revised
Code.
(4)(a) If, within six years of the offense, the offender
has been convicted of or pleaded guilty to three or more
violations of division (A) or (B) of section 4511.19 of the
Revised Code, a municipal ordinance relating to operating a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, a municipal ordinance relating to
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine, section 2903.04 of the Revised Code
in a case in which the offender was subject to the sanctions
described in division (D) of that section, section 2903.06,
2903.07, or 2903.08 of the Revised Code or a municipal ordinance
that is substantially similar to section 2903.07 of the Revised
Code in a case in which the jury or judge found that the offender
was under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or a statute of the United States or
of any other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to division (A) or
(B) of section 4511.19 of the Revised Code, or if the offender previously has
been convicted of or pleaded guilty to a violation of division (A) of
section 4511.19 of the Revised Code under circumstances in which the violation
was a felony and regardless of when the violation and the conviction
or guilty plea occurred, the offender is guilty of a felony of
the fourth degree. The court shall sentence the offender in accordance
with sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration of sixty
consecutive days of imprisonment in accordance with division (G)(1)
of section 2929.13 of the Revised Code or a mandatory prison
term of sixty consecutive days of imprisonment in accordance with division
(G)(2) of that section, whichever is applicable. If the offender is
required to serve a mandatory term of local incarceration of sixty consecutive
days of imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 2929.17 of the
Revised Code, may impose upon the
offender a sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house arrest shall
not commence until after the offender has served the mandatory term of local
incarceration.
In addition to all other sanctions imposed, the court shall impose upon
the offender, pursuant to section 2929.18 of the Revised Code, a
fine of not less than seven hundred fifty nor more than ten
thousand dollars.
In addition to any other sanction that it imposes upon
the
offender, the court shall require the offender to attend
an alcohol
and drug addiction program authorized by section 3793.02 of the
Revised Code. The cost of the treatment shall be paid by the
offender. If the court determines that the offender is unable to
pay the cost of attendance at the treatment program, the
court may order that payment of the cost of the offender's
attendance at the treatment program be made from the court's
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, two hundred
ten dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing section 4511.19 of the Revised
Code or a substantially similar municipal ordinance and in
informing the public of the laws governing operation of a motor
vehicle while under the influence of alcohol, the dangers of
operation of a motor vehicle while under the influence of
alcohol, and other information relating to the operation of a
motor vehicle and the consumption of alcoholic beverages. Three
hundred ninety dollars of the fine imposed pursuant to this
division shall be paid to the political subdivision responsible
for housing the offender during the offender's term of
incarceration. This
share shall be used by the political subdivision to pay or
reimburse incarceration costs it incurs in housing persons who
violate division (A) of section 4511.19 of the Revised Code or a
substantially similar municipal ordinance and to pay for ignition
interlock devices and electronic house arrest equipment for
persons who violate that section, and shall be paid to the credit
of the fund that pays the cost of incarceration. The balance of
the fine shall be disbursed as otherwise provided by law.
(b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in addition to the
sanctions imposed under division (A)(4)(a) of this
section and
all other sanctions provided by law and subject to
section
4503.235 of the Revised Code, shall order the criminal forfeiture
to the state of the vehicle the offender was operating at the
time of the offense. The order of criminal forfeiture shall be
issued and enforced in accordance with section 4503.234 of the
Revised Code.
(c) As used in division (A)(4)(a) of
this section, "mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section
2929.01 of the Revised Code.
If title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and division (C)(2)
or (3) of section 4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may fine the
offender the value of the vehicle as determined by publications of the
national auto dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division (D)(4) of
section 4503.234 of the Revised Code.
(5) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(6), (7), OR (8)
OF THIS SECTION, THE OFFENDER IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE,
AND THE COURT SHALL SENTENCE THE OFFENDER TO A TERM OF IMPRISONMENT OF
SIX CONSECUTIVE DAYS AND MAY SENTENCE THE OFFENDER PURSUANT TO
SECTION 2929.21 OF THE REVISED CODE TO A LONGER TERM OF
IMPRISONMENT. IN ADDITION, THE COURT SHALL IMPOSE UPON THE
OFFENDER A FINE OF NOT LESS THAN TWO HUNDRED AND NOT MORE THAN
ONE THOUSAND DOLLARS.
THE COURT MAY SUSPEND THE EXECUTION OF THREE OF THE MANDATORY SIX
CONSECUTIVE DAYS OF IMPRISONMENT THAT IT IS REQUIRED TO IMPOSE BY
THIS DIVISION, IF THE COURT, IN LIEU OF THE THREE CONSECUTIVE DAYS OF
IMPRISONMENT THAT IT SUSPENDS, PLACES THE OFFENDER ON PROBATION AND REQUIRES
THE
OFFENDER TO ATTEND, FOR THREE CONSECUTIVE DAYS, A DRIVERS'
INTERVENTION PROGRAM THAT IS CERTIFIED PURSUANT TO SECTION
3793.10 OF THE REVISED CODE. THE COURT ALSO MAY SUSPEND THE
EXECUTION OF ANY PART OF UP TO THREE OF THE MANDATORY SIX CONSECUTIVE DAYS OF
IMPRISONMENT THAT IT IS REQUIRED TO IMPOSE BY THIS DIVISION, IF
THE COURT PLACES THE OFFENDER ON PROBATION FOR PART OF UP TO THREE OF THE SIX
CONSECUTIVE DAYS; REQUIRES THE OFFENDER TO ATTEND, FOR THAT PART
OF THE THREE CONSECUTIVE DAYS, A DRIVERS' INTERVENTION PROGRAM
THAT IS CERTIFIED PURSUANT TO SECTION 3793.10 OF THE REVISED
CODE; AND SENTENCES THE OFFENDER TO A TERM OF IMPRISONMENT EQUAL
TO THE REMAINDER OF THE SIX CONSECUTIVE DAYS THAT THE OFFENDER
DOES NOT SPEND ATTENDING THE DRIVERS' INTERVENTION PROGRAM. THE
COURT MAY REQUIRE THE OFFENDER, AS A CONDITION OF PROBATION, TO
ATTEND AND SATISFACTORILY COMPLETE ANY TREATMENT OR EDUCATION
PROGRAMS THAT COMPLY WITH THE MINIMUM STANDARDS ADOPTED PURSUANT
TO CHAPTER 3793. OF THE REVISED CODE BY THE
DIRECTOR OF ALCOHOL
AND DRUG ADDICTION SERVICES, IN ADDITION TO THE REQUIRED
ATTENDANCE AT A DRIVERS' INTERVENTION PROGRAM, THAT THE OPERATORS
OF THE DRIVERS' INTERVENTION PROGRAM DETERMINE THAT THE OFFENDER
SHOULD ATTEND AND TO REPORT PERIODICALLY TO THE COURT ON THE OFFENDER'S
PROGRESS IN THE PROGRAMS. THE COURT ALSO MAY IMPOSE ANY OTHER
CONDITIONS OF PROBATION ON THE OFFENDER THAT IT CONSIDERS
NECESSARY.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, TWENTY-FIVE
DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY
THOSE COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED
CODE OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN
INFORMING THE PUBLIC OF THE LAWS GOVERNING THE OPERATION OF A
MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS
OF OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF
ALCOHOL, AND OTHER INFORMATION RELATING TO THE OPERATION OF A
MOTOR VEHICLE AND THE CONSUMPTION OF ALCOHOLIC BEVERAGES.
TWENTY-FIVE DOLLARS OF THE FINE IMPOSED PURSUANT TO THIS DIVISION
SHALL BE DEPOSITED INTO THE COUNTY INDIGENT DRIVERS ALCOHOL
TREATMENT FUND OR MUNICIPAL INDIGENT DRIVERS ALCOHOL TREATMENT
FUND UNDER THE CONTROL OF THAT COURT, AS CREATED BY THE COUNTY OR
MUNICIPAL CORPORATION PURSUANT TO DIVISION (N) OF SECTION
4511.191 OF THE REVISED CODE. THE BALANCE OF THE FINE SHALL
BE DISBURSED AS OTHERWISE PROVIDED BY LAW.
(6)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(8)
OF THIS SECTION AND EXCEPT AS PROVIDED IN THIS DIVISION, IF, WITHIN SIX YEARS
OF THE OFFENSE, THE OFFENDER HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ONE
VIOLATION OF
DIVISION (A) OR (B) OF SECTION 4511.19 OF THE
REVISED CODE, A
MUNICIPAL ORDINANCE RELATING TO OPERATING A VEHICLE WHILE UNDER
THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL AND A DRUG
OF ABUSE, A MUNICIPAL ORDINANCE RELATING TO OPERATING A VEHICLE
WITH A PROHIBITED CONCENTRATION OF ALCOHOL IN THE BLOOD, BREATH,
OR URINE, SECTION 2903.04 OF THE REVISED CODE IN A CASE IN
WHICH
THE OFFENDER WAS SUBJECT TO THE SANCTIONS DESCRIBED IN DIVISION
(D) OF THAT SECTION, SECTION 2903.06, 2903.07, OR 2903.08 OF
THE REVISED CODE OR A MUNICIPAL ORDINANCE THAT IS
SUBSTANTIALLY
SIMILAR TO SECTION 2903.07 OF THE REVISED CODE IN A CASE IN
WHICH
THE JURY OR JUDGE FOUND THAT THE OFFENDER WAS UNDER THE INFLUENCE
OF ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE, OR A STATUTE OF
THE UNITED STATES OR OF ANY OTHER STATE OR A
MUNICIPAL ORDINANCE OF A MUNICIPAL CORPORATION LOCATED IN ANY OTHER STATE THAT
IS SUBSTANTIALLY SIMILAR TO DIVISION (A) OR (B) OF SECTION
4511.19 OF THE
REVISED CODE, THE OFFENDER IS GUILTY OF A MISDEMEANOR OF THE
FIRST DEGREE, AND THE COURT SHALL SENTENCE THE
OFFENDER TO A TERM OF IMPRISONMENT OF TWENTY CONSECUTIVE DAYS AND
MAY SENTENCE THE OFFENDER PURSUANT TO SECTION 2929.21 OF THE
REVISED CODE TO A LONGER TERM OF IMPRISONMENT. AS AN
ALTERNATIVE
TO THE TERM OF IMPRISONMENT REQUIRED TO BE IMPOSED BY THIS
DIVISION, BUT SUBJECT TO DIVISION (A)(12) OF THIS SECTION, THE
COURT MAY IMPOSE UPON THE OFFENDER A SENTENCE CONSISTING OF BOTH
A TERM OF IMPRISONMENT OF TEN CONSECUTIVE DAYS AND NOT LESS THAN
THIRTY-SIX CONSECUTIVE DAYS OF ELECTRONICALLY MONITORED HOUSE
ARREST AS DEFINED IN DIVISION (A) OF SECTION 2929.23 OF THE
REVISED CODE. THE TEN CONSECUTIVE DAYS OF IMPRISONMENT AND
THE
PERIOD OF ELECTRONICALLY MONITORED HOUSE ARREST SHALL NOT EXCEED
SIX MONTHS. THE TEN CONSECUTIVE DAYS OF IMPRISONMENT DO NOT
HAVE TO BE SERVED PRIOR TO OR CONSECUTIVELY WITH THE PERIOD OF
ELECTRONICALLY MONITORED HOUSE ARREST.
IN ADDITION, THE COURT SHALL IMPOSE UPON THE OFFENDER A
FINE OF NOT LESS THAN THREE HUNDRED AND NOT MORE THAN ONE
THOUSAND FIVE HUNDRED DOLLARS.
IN ADDITION TO ANY OTHER SENTENCE THAT IT IMPOSES UPON THE
OFFENDER, THE COURT MAY REQUIRE THE OFFENDER TO ATTEND A DRIVERS'
INTERVENTION PROGRAM THAT IS CERTIFIED PURSUANT TO SECTION
3793.10 OF THE REVISED CODE. IF THE OFFICIALS OF THE
DRIVERS'
INTERVENTION PROGRAM DETERMINE THAT THE OFFENDER IS ALCOHOL
DEPENDENT, THEY SHALL NOTIFY THE COURT, AND THE COURT SHALL ORDER
THE OFFENDER TO OBTAIN TREATMENT THROUGH AN ALCOHOL AND DRUG
ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 OF THE REVISED
CODE. THE OFFENDER SHALL PAY THE COST OF THE TREATMENT.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, THIRTY-FIVE
DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY
THOSE COSTS IT INCURS IN ENFORCING SECTION
4511.19 OF THE REVISED CODE OR A SUBSTANTIALLY SIMILAR
MUNICIPAL
ORDINANCE AND IN INFORMING THE PUBLIC OF THE LAWS GOVERNING THE
OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF
ALCOHOL, THE DANGERS OF OPERATING A MOTOR VEHICLE WHILE UNDER THE
INFLUENCE OF ALCOHOL, AND OTHER INFORMATION RELATING TO THE
OPERATION OF A MOTOR VEHICLE AND THE CONSUMPTION OF ALCOHOLIC
BEVERAGES. SIXTY-FIVE DOLLARS OF THE FINE IMPOSED PURSUANT TO
THIS DIVISION SHALL BE PAID TO THE POLITICAL SUBDIVISION
RESPONSIBLE FOR HOUSING THE OFFENDER DURING THE OFFENDER'S
TERM OF
INCARCERATION. THE POLITICAL SUBDIVISION SHALL USE THIS SHARE
TO PAY OR REIMBURSE INCARCERATION COSTS IT INCURS IN
HOUSING PERSONS WHO VIOLATE SECTION 4511.19 OF THE REVISED
CODE
OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND TO PAY FOR
IGNITION INTERLOCK DEVICES AND ELECTRONIC HOUSE ARREST EQUIPMENT
FOR PERSONS WHO VIOLATE THAT SECTION, AND THIS SHARE SHALL BE PAID TO THE
CREDIT OF THE FUND THAT PAYS THE COST OF THE INCARCERATION.
FIFTY DOLLARS OF THE FINE IMPOSED PURSUANT TO THIS DIVISION SHALL
BE DEPOSITED INTO THE COUNTY INDIGENT DRIVERS ALCOHOL TREATMENT
FUND OR MUNICIPAL INDIGENT DRIVERS ALCOHOL TREATMENT FUND UNDER
THE CONTROL OF THAT COURT, AS CREATED BY THE COUNTY OR MUNICIPAL
CORPORATION PURSUANT TO DIVISION (N) OF SECTION 4511.191 OF THE
REVISED CODE. THE BALANCE OF THE FINE SHALL BE DISBURSED AS
OTHERWISE PROVIDED BY LAW.
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE
OFFENDER'S NAME OR
IN THE NAME OF ANOTHER PERSON, THE COURT, IN ADDITION TO THE
PENALTIES IMPOSED UNDER DIVISION (A)(6)(a) OF THIS
SECTION AND
ALL OTHER PENALTIES PROVIDED BY LAW AND SUBJECT TO SECTION
4503.235 OF THE REVISED CODE, SHALL ORDER THE IMMOBILIZATION
FOR
NINETY DAYS OF THE VEHICLE THE OFFENDER WAS OPERATING AT THE TIME
OF THE OFFENSE AND THE IMPOUNDMENT FOR NINETY DAYS OF THE
IDENTIFICATION LICENSE PLATES OF THAT VEHICLE. THE ORDER FOR THE
IMMOBILIZATION AND IMPOUNDMENT SHALL BE ISSUED AND ENFORCED IN
ACCORDANCE WITH SECTION 4503.233 OF THE REVISED CODE.
(7)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(4)
OF THIS SECTION AND EXCEPT AS PROVIDED IN THIS DIVISION, IF, WITHIN SIX YEARS
OF THE OFFENSE,
THE OFFENDER
HAS BEEN CONVICTED OF OR PLEADED GUILTY TO TWO VIOLATIONS OF
DIVISION (A) OR (B) OF SECTION 4511.19 OF THE
REVISED CODE, A
MUNICIPAL ORDINANCE RELATING TO OPERATING A VEHICLE WHILE UNDER
THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL AND A DRUG
OF ABUSE, A MUNICIPAL ORDINANCE RELATING TO OPERATING A VEHICLE
WITH A PROHIBITED CONCENTRATION OF ALCOHOL IN THE BLOOD, BREATH,
OR URINE, SECTION 2903.04 OF THE REVISED CODE IN A CASE IN
WHICH
THE OFFENDER WAS SUBJECT TO THE SANCTIONS DESCRIBED IN DIVISION
(D) OF THAT SECTION, SECTION 2903.06, 2903.07, OR 2903.08 OF
THE REVISED CODE OR A MUNICIPAL ORDINANCE THAT IS
SUBSTANTIALLY
SIMILAR TO SECTION 2903.07 OF THE REVISED CODE IN A CASE IN
WHICH
THE JURY OR JUDGE FOUND THAT THE OFFENDER WAS UNDER THE INFLUENCE
OF ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL AND A DRUG OF ABUSE,
OR A STATUTE OF THE UNITED STATES OR OF ANY OTHER
STATE OR A MUNICIPAL ORDINANCE OF A MUNICIPAL CORPORATION LOCATED IN ANY OTHER
STATE THAT IS SUBSTANTIALLY SIMILAR TO DIVISION (A) OR (B)
OF SECTION 4511.19
OF THE REVISED CODE, THE COURT SHALL
SENTENCE THE OFFENDER TO A TERM OF IMPRISONMENT OF SIXTY CONSECUTIVE DAYS AND
MAY SENTENCE THE OFFENDER TO A LONGER DEFINITE TERM OF
IMPRISONMENT OF NOT MORE THAN ONE YEAR. AS AN ALTERNATIVE TO THE
TERM OF IMPRISONMENT REQUIRED TO BE IMPOSED BY THIS DIVISION, BUT
SUBJECT TO DIVISION (A)(12) OF THIS SECTION, THE COURT MAY IMPOSE
UPON THE OFFENDER A SENTENCE CONSISTING OF BOTH A TERM OF
IMPRISONMENT OF THIRTY CONSECUTIVE DAYS AND NOT LESS THAN
ONE HUNDRED TEN CONSECUTIVE DAYS OF ELECTRONICALLY MONITORED HOUSE
ARREST AS DEFINED IN DIVISION (A) OF SECTION 2929.23 OF THE
REVISED CODE. THE THIRTY CONSECUTIVE DAYS OF IMPRISONMENT
AND
THE PERIOD OF ELECTRONICALLY MONITORED HOUSE ARREST SHALL NOT
EXCEED ONE YEAR. THE THIRTY CONSECUTIVE DAYS OF IMPRISONMENT DO
NOT HAVE TO BE SERVED PRIOR TO OR CONSECUTIVELY WITH THE PERIOD
OF ELECTRONICALLY MONITORED HOUSE ARREST.
IN ADDITION, THE COURT SHALL IMPOSE UPON THE OFFENDER A
FINE OF NOT LESS THAN FIVE HUNDRED AND NOT MORE THAN TWO THOUSAND
FIVE HUNDRED DOLLARS.
IN ADDITION TO ANY OTHER SENTENCE THAT IT IMPOSES UPON THE
OFFENDER, THE COURT SHALL REQUIRE THE OFFENDER TO ATTEND AN
ALCOHOL AND DRUG ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02
OF THE REVISED CODE. THE OFFENDER SHALL PAY THE COST OF THE
TREATMENT. IF THE COURT DETERMINES THAT THE OFFENDER IS
UNABLE TO PAY THE COST OF ATTENDANCE AT THE TREATMENT
PROGRAM, THE COURT MAY ORDER THAT PAYMENT OF THE COST OF THE
OFFENDER'S ATTENDANCE AT THE TREATMENT PROGRAM BE MADE FROM THAT
COURT'S INDIGENT DRIVERS ALCOHOL TREATMENT FUND.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, ONE HUNDRED
TWENTY-THREE DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND
EDUCATION FUND ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE
LAW ENFORCEMENT AGENCY IN THIS STATE THAT PRIMARILY WAS
RESPONSIBLE FOR THE ARREST OF THE OFFENDER, AS DETERMINED BY THE
COURT THAT IMPOSES THE FINE. THE AGENCY SHALL USE THIS SHARE
TO PAY ONLY THOSE COSTS IT INCURS IN ENFORCING SECTION
4511.19 OF THE REVISED CODE OR A SUBSTANTIALLY SIMILAR
MUNICIPAL
ORDINANCE AND IN INFORMING THE PUBLIC OF THE LAWS GOVERNING THE
OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF
ALCOHOL, THE DANGERS OF OPERATING A MOTOR VEHICLE WHILE UNDER THE
INFLUENCE OF ALCOHOL, AND OTHER INFORMATION RELATING TO THE
OPERATION OF A MOTOR VEHICLE AND THE CONSUMPTION OF ALCOHOLIC
BEVERAGES. TWO HUNDRED TWENTY-SEVEN DOLLARS OF THE FINE IMPOSED
PURSUANT TO THIS DIVISION SHALL BE PAID TO THE POLITICAL
SUBDIVISION RESPONSIBLE FOR HOUSING THE OFFENDER DURING THE
OFFENDER'S TERM
OF INCARCERATION. THE POLITICAL SUBDIVISION SHALL USE THIS SHARE
TO PAY OR REIMBURSE INCARCERATION COSTS IT INCURS IN
HOUSING PERSONS WHO VIOLATE SECTION 4511.19 OF THE REVISED
CODE OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND TO PAY FOR
IGNITION INTERLOCK DEVICES AND ELECTRONIC HOUSE
ARREST EQUIPMENT FOR PERSONS WHO VIOLATE THAT SECTION, AND THIS SHARE SHALL
BE PAID TO THE CREDIT OF THE FUND THAT PAYS THE COST OF
INCARCERATION. THE BALANCE OF THE FINE SHALL BE DISBURSED AS
OTHERWISE PROVIDED BY LAW.
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE
OFFENDER'S NAME OR
IN THE NAME OF ANOTHER PERSON, THE COURT, IN ADDITION TO THE
PENALTIES IMPOSED UNDER DIVISION (A)(7)(a) OF THIS
SECTION AND
ALL OTHER PENALTIES PROVIDED BY LAW AND SUBJECT TO SECTION
4503.235 OF THE REVISED CODE, SHALL ORDER THE IMMOBILIZATION
FOR
ONE HUNDRED EIGHTY DAYS OF THE VEHICLE THE OFFENDER WAS OPERATING
AT THE TIME OF THE OFFENSE AND THE IMPOUNDMENT FOR ONE HUNDRED
EIGHTY DAYS OF THE IDENTIFICATION LICENSE PLATES OF THAT VEHICLE.
THE ORDER FOR THE IMMOBILIZATION AND IMPOUNDMENT SHALL BE ISSUED
AND ENFORCED IN ACCORDANCE WITH SECTION 4503.233 OF THE REVISED
CODE.
(8)(a) IF, WITHIN SIX YEARS OF THE OFFENSE, THE OFFENDER
HAS BEEN CONVICTED OF OR PLEADED GUILTY TO THREE OR MORE
VIOLATIONS OF DIVISION (A) OR (B) OF SECTION 4511.19 OF THE
REVISED CODE, A MUNICIPAL ORDINANCE RELATING TO OPERATING A
VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR
ALCOHOL AND A DRUG OF ABUSE, A MUNICIPAL ORDINANCE RELATING TO
OPERATING A VEHICLE WITH A PROHIBITED CONCENTRATION OF ALCOHOL IN
THE BLOOD, BREATH, OR URINE, SECTION 2903.04 OF THE REVISED
CODE
IN A CASE IN WHICH THE OFFENDER WAS SUBJECT TO THE SANCTIONS
DESCRIBED IN DIVISION (D) OF THAT SECTION, SECTION 2903.06,
2903.07, OR 2903.08 OF THE REVISED CODE OR A MUNICIPAL
ORDINANCE
THAT IS SUBSTANTIALLY SIMILAR TO SECTION 2903.07 OF THE REVISED
CODE IN A CASE IN WHICH THE JURY OR JUDGE FOUND THAT THE OFFENDER
WAS UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR ALCOHOL
AND A DRUG OF ABUSE, OR A STATUTE OF THE UNITED STATES OR
OF ANY OTHER STATE OR A MUNICIPAL ORDINANCE OF A MUNICIPAL CORPORATION
LOCATED IN ANY OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO DIVISION
(A) OR
(B) OF SECTION 4511.19 OF THE REVISED CODE, OR IF
THE OFFENDER PREVIOUSLY HAS
BEEN CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF DIVISION (A) OF
SECTION
4511.19 OF THE REVISED CODE UNDER CIRCUMSTANCES IN WHICH THE
VIOLATION WAS A
FELONY AND REGARDLESS OF WHEN THE VIOLATION AND THE CONVICTION
OR GUILTY PLEA OCCURRED, THE OFFENDER IS GUILTY OF A FELONY OF
THE FOURTH DEGREE. THE COURT SHALL SENTENCE THE OFFENDER IN ACCORDANCE
WITH SECTIONS 2929.11 TO 2929.19 OF THE REVISED CODE AND
SHALL IMPOSE
AS PART OF THE SENTENCE A MANDATORY TERM OF LOCAL INCARCERATION OF ONE HUNDRED
TWENTY
CONSECUTIVE DAYS OF IMPRISONMENT IN ACCORDANCE WITH DIVISION (G)(1)
OF SECTION 2929.13 OF THE REVISED CODE OR A MANDATORY PRISON
TERM OF ONE HUNDRED TWENTY CONSECUTIVE DAYS OF IMPRISONMENT IN ACCORDANCE WITH
DIVISION
(G)(2) OF THAT SECTION, WHICHEVER IS APPLICABLE. IF THE OFFENDER IS
REQUIRED TO SERVE A MANDATORY TERM OF LOCAL INCARCERATION OF ONE HUNDRED
TWENTY CONSECUTIVE
DAYS OF IMPRISONMENT IN ACCORDANCE WITH DIVISION (G)(1) OF SECTION
2929.13 OF THE REVISED CODE, THE COURT, PURSUANT TO SECTION
2929.17 OF THE
REVISED CODE, MAY IMPOSE UPON THE
OFFENDER A SENTENCE THAT INCLUDES A TERM OF ELECTRONICALLY MONITORED HOUSE
ARREST, PROVIDED THAT THE TERM OF ELECTRONICALLY MONITORED HOUSE ARREST SHALL
NOT COMMENCE UNTIL AFTER THE OFFENDER HAS SERVED THE MANDATORY TERM OF LOCAL
INCARCERATION.
IN ADDITION TO ALL OTHER SANCTIONS IMPOSED, THE COURT SHALL IMPOSE UPON
THE OFFENDER, PURSUANT TO SECTION 2929.18 OF THE REVISED
CODE, A
FINE OF NOT LESS THAN SEVEN HUNDRED FIFTY NOR MORE THAN TEN
THOUSAND DOLLARS.
IN ADDITION TO ANY OTHER SANCTION THAT IT IMPOSES UPON
THE
OFFENDER, THE COURT SHALL REQUIRE THE OFFENDER TO ATTEND
AN ALCOHOL
AND DRUG ADDICTION PROGRAM AUTHORIZED BY SECTION 3793.02 OF THE
REVISED CODE. THE COST OF THE TREATMENT SHALL BE PAID BY
THE
OFFENDER. IF THE COURT DETERMINES THAT THE OFFENDER IS UNABLE TO
PAY THE COST OF ATTENDANCE AT THE TREATMENT PROGRAM, THE
COURT MAY ORDER THAT PAYMENT OF THE COST OF THE OFFENDER'S
ATTENDANCE AT THE TREATMENT PROGRAM BE MADE FROM THE COURT'S
INDIGENT DRIVERS ALCOHOL TREATMENT FUND.
OF THE FINE IMPOSED PURSUANT TO THIS DIVISION, TWO HUNDRED
TEN DOLLARS SHALL BE PAID TO AN ENFORCEMENT AND EDUCATION FUND
ESTABLISHED BY THE LEGISLATIVE AUTHORITY OF THE LAW ENFORCEMENT
AGENCY IN THIS STATE THAT PRIMARILY WAS RESPONSIBLE FOR THE
ARREST OF THE OFFENDER, AS DETERMINED BY THE COURT THAT IMPOSES
THE FINE. THE AGENCY SHALL USE THIS SHARE TO PAY ONLY
THOSE COSTS IT INCURS IN ENFORCING SECTION 4511.19 OF THE REVISED
CODE OR A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND IN
INFORMING THE PUBLIC OF THE LAWS GOVERNING OPERATION OF A MOTOR
VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, THE DANGERS OF
OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF
ALCOHOL, AND OTHER INFORMATION RELATING TO THE OPERATION OF A
MOTOR VEHICLE AND THE CONSUMPTION OF ALCOHOLIC BEVERAGES. THREE
HUNDRED NINETY DOLLARS OF THE FINE IMPOSED PURSUANT TO THIS
DIVISION SHALL BE PAID TO THE POLITICAL SUBDIVISION RESPONSIBLE
FOR HOUSING THE OFFENDER DURING THE OFFENDER'S TERM OF
INCARCERATION. THE POLITICAL SUBDIVISION SHALL USE THIS
SHARE TO PAY OR
REIMBURSE INCARCERATION COSTS IT INCURS IN HOUSING PERSONS WHO
VIOLATE SECTION 4511.19 OF THE REVISED CODE OR A
SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE AND TO PAY FOR IGNITION
INTERLOCK DEVICES AND ELECTRONIC HOUSE ARREST EQUIPMENT FOR
PERSONS WHO VIOLATE THAT SECTION, AND THIS SHARE SHALL BE PAID TO THE CREDIT
OF THE FUND THAT PAYS THE COST OF INCARCERATION. THE BALANCE OF
THE FINE SHALL BE DISBURSED AS OTHERWISE PROVIDED BY LAW.
(b) REGARDLESS OF WHETHER THE VEHICLE THE OFFENDER WAS
OPERATING AT THE TIME OF THE OFFENSE IS REGISTERED IN THE
OFFENDER'S NAME OR
IN THE NAME OF ANOTHER PERSON, THE COURT, IN ADDITION TO THE
SANCTIONS IMPOSED UNDER DIVISION (A)(8)(a) OF THIS
SECTION AND
ALL OTHER SANCTIONS PROVIDED BY LAW AND SUBJECT TO
SECTION
4503.235 OF THE REVISED CODE, SHALL ORDER THE CRIMINAL
FORFEITURE
TO THE STATE OF THE VEHICLE THE OFFENDER WAS OPERATING AT THE
TIME OF THE OFFENSE. THE ORDER OF CRIMINAL FORFEITURE SHALL BE
ISSUED AND ENFORCED IN ACCORDANCE WITH SECTION 4503.234 OF THE
REVISED CODE.
(c) AS USED IN DIVISION (A)(8)(a) OF
THIS SECTION, "MANDATORY PRISON TERM" AND "MANDATORY TERM OF LOCAL
INCARCERATION" HAVE THE SAME MEANINGS AS IN SECTION
2929.01 OF THE REVISED CODE.
(d) IF TITLE TO A MOTOR VEHICLE THAT IS SUBJECT TO AN ORDER FOR
CRIMINAL
FORFEITURE UNDER THIS SECTION IS ASSIGNED OR TRANSFERRED AND DIVISION
(C)(2)
OR (3) OF SECTION 4503.234 OF THE REVISED CODE APPLIES, IN
ADDITION TO OR
INDEPENDENT OF ANY OTHER PENALTY ESTABLISHED BY LAW, THE COURT MAY FINE THE
OFFENDER THE VALUE OF THE VEHICLE AS DETERMINED BY PUBLICATIONS OF THE
NATIONAL AUTO DEALER'S ASSOCIATION. THE PROCEEDS FROM ANY FINE IMPOSED UNDER
THIS DIVISION SHALL BE DISTRIBUTED IN ACCORDANCE WITH DIVISION (D)(4)
OF
SECTION 4503.234 OF THE REVISED CODE.
(9)(a) Except as provided in division (A)(5)(9)(b)
of this section, upon a showing that imprisonment would seriously affect
the ability of an offender sentenced pursuant to division (A)(1),
(2), (3), or (4), (5), (6), (7),
OR (8) of this
section to continue the offender's employment, the
court may authorize that the offender be granted work release
from imprisonment after the offender has served the three, SIX,
ten,
or TWENTY, thirty, OR SIXTY consecutive
days of imprisonment or the
mandatory term of local incarceration of sixty OR ONE HUNDRED TWENTY
consecutive days that the
court is required by division (A)(1), (2), (3), or (4),
(5), (6), (7), OR (8) of this
section
to impose. No court shall authorize work release from
imprisonment during the three, SIX, ten, or
TWENTY, thirty, OR SIXTY consecutive
days of imprisonment or the mandatory term of local incarceration or
mandatory prison term of sixty OR ONE HUNDRED TWENTY consecutive
days that the court is required by division
(A)(1), (2), (3), or (4), (5), (6), (7),OR (8) of
this section to impose. The duration of the work release shall not exceed the
time necessary each day for the offender to commute to and from the place of
employment and the place of imprisonment and the time actually spent under
employment.
(b) An offender who is sentenced pursuant to division
(A)(2) or, (3), (6), OR (7) of
this section to
a term of imprisonment followed by a period of electronically monitored house
arrest is not
eligible for work release from imprisonment, but that person
shall be permitted work release during the period of
electronically monitored house arrest. The duration of the work
release shall not exceed the time necessary each day for the
offender to commute to and from the place of employment and the
offender's home or other place specified by the sentencing court and the
time actually spent under employment.
(6)(10) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence, the placement of an offender in any treatment
program in lieu of imprisonment, or the use of a community control sanction
for an
offender convicted of a felony, no court shall suspend the
ten or, TWENTY, thirty, OR SIXTY
consecutive days of imprisonment required to be imposed on an
offender by division (A)(2) or, (3), (6),
OR
(7) of this section, no court shall place an
offender who is sentenced pursuant to division (A)(2), (3), or
(4), (6), (7), OR (8) of this section
in any
treatment program in lieu of
imprisonment until after the offender has served the ten or,
TWENTY, thirty, OR SIXTY consecutive
days of imprisonment or the mandatory term of
local incarceration or mandatory prison term
of sixty OR ONE HUNDRED TWENTY consecutive days required to be imposed
pursuant to division (A)(2), (3), or (4), (6),
(7),
OR (8) of this section, no court that
sentences an offender under division (A)(4) OR (8) of this
section shall
impose any sanction other than a mandatory term of local incarceration or
mandatory prison term to apply to the
offender until after the offender has served the mandatory term of local
incarceration or mandatory prison term of
sixty OR ONE HUNDRED TWENTY consecutive days required to be imposed
pursuant to division
(A)(4) OR (8) of this section, and no
court that imposes a sentence of imprisonment and a period of
electronically monitored house arrest upon an offender under
division (A)(2) or, (3), (6), OR
(7) of this
section shall suspend any portion of the sentence or place the offender in any
treatment program in lieu of imprisonment or electronically monitored house
arrest. Notwithstanding any section of the Revised Code that authorizes
the suspension of the imposition or execution of a sentence or
the placement of an offender in any treatment program in lieu of
imprisonment, no court, except as specifically authorized by
division (A)(1) OR (5) of this section, shall suspend the
three OR ANY PART OF THE SIX consecutive days of imprisonment required
to be imposed by division (A)(1) OR (5) of this section or
place an offender who is sentenced pursuant to division (A)(1) OR
(5) of this section in any treatment program in lieu of imprisonment
until after the
offender has served the three OR SIX consecutive days of imprisonment
required to be imposed pursuant to division (A)(1) OR (5) of
this section.
(7)(11) No court shall sentence an offender to an alcohol
treatment program pursuant to division (A)(1), (2), (3), or (4),
(5), (6), (7), OR (8) of this
section unless the treatment
program complies with the
minimum standards adopted pursuant to Chapter 3793. of the
Revised Code by the director of alcohol and drug addiction
services.
(8)(12) No court shall impose the alternative sentence of a
term of imprisonment of five consecutive days plus not less than
eighteen consecutive days A TERM of electronically monitored house
arrest permitted to be imposed by division (A)(2), (3),
(6), OR (7) of this
section, or the alternative sentence of a term of imprisonment of
fifteen consecutive days plus not less than fifty-five
consecutive days of electronically monitored house arrest
permitted to be imposed pursuant to division (A)(3) of
this section, unless within sixty days of the date of sentencing, the
court issues a written finding, entered into the record, that due
to the unavailability of space at the incarceration facility
where the offender is required to serve the term of imprisonment
imposed upon the offender, the offender will not be able to
commence
serving the term of imprisonment within the sixty-day period
following the date of sentencing. If the court issues a WRITTEN
finding OF THAT NATURE, the court may impose the alternative sentence
comprised
of a term of imprisonment and a term of electronically monitored
house arrest permitted to be imposed by division (A)(2) or,
(3), (6), OR (7) of this section.
(B) Whoever violates section 4511.192, 4511.251, or
4511.85 of the Revised Code is guilty of a misdemeanor of the
first degree. The court, in addition to or independent of all
other penalties provided by law, may suspend for a period not to
exceed one year the driver's or commercial driver's license or
permit or nonresident operating privilege of any person who
pleads guilty to or is convicted of a violation of section
4511.192 of the Revised Code.
(C) Whoever violates section 4511.63, 4511.76, 4511.761,
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is
guilty of one of the following:
(1) Except as otherwise provided in division (C)(2) of
this section, a minor misdemeanor.
(2) If the offender previously has been convicted of
or pleaded guilty to one or more violations of
section 4511.63, 4511.76,
4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the Revised
Code or a municipal ordinance that is substantially similar to
any of those sections, a
misdemeanor
of the fourth degree.
(D)(1) Whoever violates any provision of sections 4511.01
to 4511.76 or section 4511.84 of the Revised Code, for which no
penalty otherwise is provided in this section is guilty of one of
the following:
(a) Except as otherwise provided in division
(D)(1)(b), (1)(c), (2), or (3) of this section,
a minor misdemeanor;
(b) If, within one year of the offense, the offender
previously has been convicted of
or pleaded guilty to one violation of any provision of
sections
4511.01 to 4511.76 or section 4511.84 of the Revised Code for
which no penalty otherwise is provided in this section or
a
municipal ordinance that is substantially similar to any
provision of sections 4511.01 to 4511.76 or section 4511.84 of
the Revised Code for which no penalty otherwise is provided in
this section, a
misdemeanor of the fourth
degree;
(c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to two or more
violations of any provision described in division (D)(1)(b)
of
this section or any municipal ordinance that is substantially
similar to any of those provisions, a misdemeanor of the third
degree.
(2) When any person is found guilty of a first offense for
a violation of section 4511.21 of the Revised Code upon a finding
that the person operated a motor vehicle faster than
thirty-five miles an
hour in a business district of a municipal corporation, or faster
than fifty miles an hour in other portions, or faster than
thirty-five miles an hour while passing through a school zone
during recess or while children are going to or leaving school
during the opening or closing hours, the person is guilty of a
misdemeanor of the fourth degree.
(3) Notwithstanding section 2929.21 of the Revised Code,
upon a finding that such person operated a motor vehicle in a
construction zone where a sign was then posted in accordance with
section 4511.98 of the Revised Code, the court, in addition to
all other penalties provided by law, shall impose a fine of two
times the usual amount imposed for the violation. No court shall
impose a fine of two times the usual amount imposed for the
violation upon an offender who alleges, in an affidavit filed
with the court prior to the offender's sentencing, that the offender is
indigent and is unable to pay the fine imposed pursuant to this division,
provided the court determines the offender is an indigent person
and is unable to pay the fine.
(E) Whenever a person is found guilty in a court of record
of a violation of section 4511.761, 4511.762, or 4511.77 of the
Revised Code, the trial judge, in addition to or independent of
all other penalties provided by law, may suspend for any period
of time not exceeding three years, or revoke the license of any
person, partnership, association, or corporation, issued under
section 4511.763 of the Revised Code.
(F) Whoever violates division (E) or (F) of section
4511.51, division (A), (D), or (E) of section 4511.521, section
4511.681, division (A), (C), or (F) of section 4511.69, section
4511.772, or division (A) or (B) of section 4511.82 of the
Revised Code is guilty of a minor misdemeanor.
(G) Whoever violates division (A) of section 4511.75 of
the Revised Code may be fined an amount not to exceed five
hundred dollars. A person who is issued a citation for a
violation of division (A) of section 4511.75 of the Revised Code
is not permitted to enter a written plea of guilty and waive the person's
right to contest the citation in a trial, but instead must appear
in person in the proper court to answer the charge.
(H)(1) Whoever is a resident of this state and violates
division (A) or (B) of section 4511.81 of the Revised Code shall
be punished as follows:
(a) Except as otherwise provided in division (H)(1)(b) of this section, the
offender is guilty of a
minor misdemeanor.
(b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (A) or (B) of section 4511.81 of the
Revised Code or of a municipal
ordinance that is substantially similar to either of those
divisions, the offender is guilty of a misdemeanor of the fourth
degree.
(2) Whoever is not a resident of this state, violates
division (A) or (B) of section 4511.81 of the Revised Code, and
fails to prove by a preponderance of the evidence that the
offender's use or nonuse of a child restraint system was in accordance
with the law
of the state of which the offender is a resident is guilty of
a minor
misdemeanor on a first offense; on a second or subsequent
offense, that person is guilty of a misdemeanor of the fourth
degree.
(3) Sixty-five per cent of every fine imposed pursuant to
division (H)(1) or (2) of this section shall be forwarded to the
treasurer of state for deposit in the "child highway safety fund"
created by division (G) of section 4511.81 of the Revised Code.
The balance of the fine shall be disbursed as otherwise provided
by law.
(I) Whoever violates section 4511.202 of the Revised Code
is guilty of operating a motor vehicle without being in control
of it, a minor misdemeanor.
(J) Whoever violates division (B) of section 4511.74,
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of
section 4511.83 of the Revised Code is guilty of a misdemeanor of
the first degree.
(K) Except as otherwise provided in this division, whoever
violates division (E) of section 4511.11, division (A) or (C) of
section 4511.17, or section 4511.18 of the Revised Code is guilty
of a misdemeanor of the third degree. If a violation of division
(A) or (C) of section 4511.17 of the Revised Code creates a risk
of physical harm to any person, the offender is guilty of a
misdemeanor of the first degree. A violation of division (A) or
(C) of section 4511.17 of the Revised Code that causes serious
physical harm to property that is owned, leased, or controlled by
a state or local authority is a felony of the fifth
degree.
(L) Whoever violates division (H) of section 4511.69 of
the Revised Code shall be punished as follows:
(1) Except as otherwise provided in
division (L)(2) of this section, the offender shall be
issued a warning.
(2) If the offender previously has been convicted of or
pleaded guilty to a violation of division (H) of section 4511.69
of the Revised Code or of a municipal ordinance that is
substantially similar to that division, the offender shall not be issued a
warning but shall be fined twenty-five dollars for each parking location
that is not
properly marked or whose markings are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section
4511.45 of the Revised Code is guilty of a misdemeanor of the
fourth degree on a first offense; on a second offense within one
year after the first offense, the person is guilty of a
misdemeanor of the third degree; and on each subsequent offense
within one year after the first offense, the person is guilty of
a misdemeanor of the second degree.
(N)(1) Whoever violates division (B) of section 4511.19
of the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows:
(a) Except as otherwise provided in division
(N)(1)(b) of this section, the offender is guilty of
a
misdemeanor of the fourth degree.
(b) If, within one year of the offense, the offender has
been convicted of or pleaded guilty to any violation of division
(A) or (B) of section 4511.19 of the Revised Code, a municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse, a municipal ordinance relating to operating a vehicle with
a prohibited concentration of alcohol in the blood, breath, or
urine, section 2903.04 of the Revised Code in a case in which the
offender was subject to the sanctions described in division (D)
of that section, section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of
the United States or of any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code, the offender is guilty of a misdemeanor of the third degree.
(2) In addition to or independent of all other penalties
provided by law, the offender's driver's or commercial driver's
license or permit or nonresident operating privilege shall be
suspended in accordance with, and for the period of time
specified in, division (E) of section 4507.16 of the Revised
Code.
(O) Whoever violates section 4511.62 of the Revised
Code is guilty of a misdemeanor of the fourth degree.
Sec. 5120.161. (A) Except as provided in division (C) of
this section, the department of rehabilitation and correction may
enter into an agreement with any local authority operating a
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, as described in section
307.93, 341.21, or 753.16 of the Revised Code, for the housing in
the jail or workhouse operated by the local authority of persons
who are convicted of or plead guilty to a felony of the fourth
or fifth
degree if the
person previously has not been convicted of or pleaded guilty to a felony and
if the
felony is not an offense of violence. The agreement shall
specify a per diem fee that the department shall pay the local
authority for each such person housed in the jail or workhouse
pursuant to the agreement, shall set forth any other terms and
conditions for the housing of such persons in the jail or
workhouse, and shall indicate that the department, subject to the
relevant terms and conditions set forth, may designate those
persons to be housed at the jail or workhouse.
(B) A person designated by the department to be housed in
a county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse that is the subject of an
agreement entered into under division (A) of this section shall
be conveyed by the department to that jail or workhouse and shall
be kept at the jail or workhouse until the person's term of
imprisonment expires, the person is pardoned,
paroled, or
placed under a post-release control sanction, or the person is
transferred under the laws permitting the transfer of prisoners.
The department shall pay the local authority that operates the
jail or workhouse the per diem fee specified in the agreement for
each such person housed in the jail or workhouse. Each such
person housed in the jail or workhouse shall be under the direct
supervision and control of the keeper, superintendent, or other
person in charge of the jail or workhouse, but shall be
considered for all other purposes to be within the custody of the
department of rehabilitation and correction. Section 2967.193
of the Revised
Code and all other
provisions of the Revised Code that pertain to persons within the
custody of the department that would not by their nature clearly
be inapplicable apply to persons housed pursuant to this section.
(C) The department of rehabilitation and correction shall
not enter into an agreement pursuant to division (A) of this
section with any local authority unless the jail or workhouse
operated by the authority complies with the Minimum Standards for
Jails in Ohio.
(D) A court that sentences a person for a felony may include as
the sentence or part of the sentence, in accordance with division (A)
of section 2929.16 of the Revised Code and regardless of whether the jail
or workhouse is the
subject of an agreement entered into under division (A) of this
section, a sanction that consists of a term of up to six months in a jail or
workhouse or, if the offense is a fourth degree felony OMVI
offense and the offender previously has not been convicted of a fourth degree
felony OMVI offense, a sanction that consists of a term of up to
one
year in a jail less the mandatory term of local incarceration of sixty OR
ONE HUNDRED TWENTY
consecutive days imposed pursuant to division (G)(1) of section
2929.13 of the Revised Code.
(E) "Fourth degree felony OMVI offense" and "mandatory
term of local incarceration" have the same meanings as in section 2929.01
of the Revised Code.
Section 2. That existing sections 2323.59, 2929.01,
2929.13, 2929.16, 2929.18, 2929.23, 3793.10, 4503.233, 4507.164,
4511.19, 4511.191, 4511.99, and 5120.161 of the Revised Code are
hereby repealed.
Section 3. Section 2929.01 of the Revised Code was amended by both
H.B. 378 and Am. Sub. S.B. 111 of the 122nd General
Assembly. Comparison of these amendments in pursuance of section 1.52 of the
Revised Code discloses that while certain of the amendments of these acts are
reconcilable, certain other of the amendments are substantively
irreconcilable. H.B. 378 was passed on November 13, 1997; S.B. 111 was passed
on November 18, 1997. Section 2929.01 of the Revised Code is therefore
presented in this act as it results
from S.B. 111 and such of the amendments of H.B. 378 as are not in conflict
with the amendments of S.B. 111. This is in
recognition of the principles stated in division (B) of section 1.52 of the
Revised Code that amendments are to be harmonized where not substantively
irreconcilable, and that where amendments are substantively irreconcilable,
the latest amendment is to prevail. This section constitutes a legislative
finding that such harmonized and reconciled section was the resulting version
in effect prior to the effective date of this act.
Section 4. Section 4503.233 of the Revised Code is presented
in this act as a composite of the section as amended by both
Am. Sub. H.B. 353 and Am. Sub. H.B. 676
of the 121st General Assembly, with the new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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