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Am. Sub. H. B. No. 17As Passed by the SenateAs Passed by the Senate
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Willamowski, Hartnett, Flowers, Jerse, Setzer, Redfern, Williams, Allen, Lendrum, Calvert, Hagan, Buehrer, Schaffer, Jolivette, Gilb, Cates, Webster, Coates, Grendell, Schmidt, Roman, Flannery, White, Perry, Collier, Clancy, Carmichael, Brown, Oakar, DeBose
SENATOR Oelslager
A BILL
To amend sections 2151.358, 2953.52, 2953.53,
4301.638, 4301.69, and 4301.99 of the Revised Code and to repeal
section 4301.632 of the Revised Code to generally
prohibit
an
underage person from being under the
influence
of
beer or intoxicating liquor, to revise
the
prohibitions regarding an underage person
ordering,
paying for, sharing the cost of,
attempting to
purchase, or consuming or possessing
beer or
intoxicating liquor, and to provide a
diversion
program for persons charged with
violating these
prohibitions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.358, 2953.52, 2953.53,
4301.638, 4301.69, and 4301.99 be amended to read as follows:
Sec. 2151.358. (A) As used in this section, "seal a
record"
means to remove a record from the main file of similar
records and
to secure it in a separate file that contains only
sealed records
and that is accessible only to the juvenile court.
A record that
is sealed shall be destroyed by all persons and
governmental
bodies except the juvenile court. (B) The department of youth services and any other
institution or facility that unconditionally discharges a person
who has been adjudicated a delinquent child, an unruly
child, or a
juvenile traffic offender shall
immediately give notice of the
discharge to the court that
committed the person. The court shall
note the date of discharge
on a separate record of discharges of
those natures. (C)(1)(a) Two years after the termination of any order made
by
the court or two years after the unconditional discharge of a
person from the department of youth services or another
institution
or facility to which the person may have been
committed, the
court that issued the order or committed the person
shall do
whichever of the following is applicable: (i) If the person was adjudicated an unruly child, order
the
record of the person sealed; (ii) If the person was adjudicated a delinquent child
for
committing an act other than a violation of section
2903.01,
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or was
adjudicated a juvenile traffic offender,
either order the record
of the person sealed or send the person
notice of the person's
right to have that
record sealed. (b) Division (C)(1)(a) of this section
does not apply
regarding a person who was adjudicated a delinquent child for
committing a violation
of section 2903.01, 2903.02, 2907.02,
2907.03, or 2907.05 of the Revised Code. (2) The court shall send the notice described in division
(C)(1)(a)(ii) of this section within ninety days after
the
expiration of the two-year period described in division (C)(1)(a)
of this section by certified mail, return receipt
requested, to
the
person's last known address. The notice shall state that
the
person may apply to the court for an order to seal the person's
record, explain what sealing a record means, and explain the
possible consequences of not having the person's record sealed. (D)(1) At any time after the two-year period described in
division
(C)(1)(a) of this section has elapsed, any
person who has
been adjudicated a delinquent child
for committing an act other
than a violation of section 2903.01, 2903.02,
2907.02, 2907.03, or
2907.05 of the Revised Code or who has been adjudicated a
juvenile
traffic offender may apply to the court for an order to seal the
person's record. The court
shall hold a hearing on each
application within sixty days after
the application is received.
Notice of the hearing on the
application shall be given to the
prosecuting attorney and to any
other public office or agency
known to have a record of the prior
adjudication. If the court
finds that the rehabilitation of the
person who was adjudicated a
delinquent child or a juvenile traffic
offender has been attained
to a satisfactory degree, the court may order the record of the
person sealed. (2) Division (D)(1) of this section does not apply
regarding
a person who was adjudicated a delinquent child for committing a
violation of section 2903.01, 2903.02, 2907.02, 2907.03, or
2907.05 of the
Revised Code.
(3) If a child who was charged with violating division
(E)(1) of section 4301.69 of the Revised Code successfully
completes a diversion program under division (E)(2)(a) of section
4301.69 of the Revised Code with respect to that charge, the court
shall order the person's record in that case sealed. (E)(1) If the court orders the adjudication record
or other
record of a
person sealed pursuant to division (C) or (D) of this
section,
the court, except as provided in division (K) of this
section, shall order that the proceedings in the case in which
the
person was adjudicated a juvenile traffic offender, a delinquent
child, or an unruly child, or in which the person was the subject
of a complaint alleging the person to have violated division
(E)(1) of section 4301.69 of the Revised Code, be deemed
never to
have occurred. Except as provided in division
(G)(2) of this
section, all index references to the case and the
person shall be
deleted, and the person and the court
properly may reply that no
record exists with respect to the person
upon any inquiry in the
matter.
(2) Inspection of records that have been
ordered sealed
under division (E)(1) of this section may be
made only by the
following persons or for the following purposes: (a) If the records in question pertain to an act that would
be an
offense of violence that would be a felony if committed by
an adult, by
any law enforcement officer or any prosecutor, or the
assistants of a
law enforcement officer or prosecutor, for any
valid law
enforcement or prosecutorial purpose; (b) Upon application by the person who is the subject of the
sealed
records, by the persons that are named in that application;
(c) If the records in question pertain to an alleged
violation of division (E)(1) of section 4301.69 of the Revised
Code, by any law enforcement officer or any prosecutor, or the
assistants of a law enforcement officer or prosecutor, for the
purpose of determining whether the person is eligible for
diversion under division (E)(2) of section 4301.69 of the Revised
Code. (F) Any person who has been arrested and charged with
being
a delinquent child or a juvenile traffic offender and who
is
adjudicated not guilty of
the charges in the case or has the
charges
in the case dismissed may apply to the court for an
expungement of the record in the case. The application may
be
filed at any time after the person is adjudicated not guilty or
the charges
against the person are dismissed. The court shall
give notice to the prosecuting attorney of any hearing on the
application. The court may initiate the expungement proceedings
on its own motion. Any person who has been arrested and charged with being an
unruly child and who is adjudicated not guilty of the charges
in
the case or has the charges in the
case dismissed may apply to the
court for an expungement of
the record in the case. The court
shall initiate the expungement proceedings
on its own motion if an
application for expungement is not filed. If the court upon receipt of an application for expungement
or upon its own motion determines that the charges against any
person in any case were dismissed or that any person was
adjudicated not guilty in any case, the court shall order that
the
records of the case be expunged and that the proceedings in
the
case be deemed never to have occurred. If the applicant for
the
expungement order, with the written consent of the applicant's
parents or guardian if the applicant is a minor and with the
written approval
of the court, waives in writing the applicant's
right to bring any civil
action based on the arrest for which the
expungement order is applied,
the court shall order the
appropriate persons and governmental
agencies to delete all index
references to the case; destroy or
delete all court records of the
case; destroy all copies of any
pictures and fingerprints taken of
the person pursuant to the
expunged arrest; and destroy, erase, or
delete any reference to
the arrest that is maintained by the state
or any political
subdivision of the state, except a record of the
arrest that is
maintained for compiling statistical data and that
does not
contain any reference to the person. If the applicant for an expungement order does not waive in
writing the right to bring any civil action based on the arrest
for which the expungement order is applied, the court, in
addition
to ordering the deletion, destruction, or erasure of all
index
references and court records of the case and of all
references to
the arrest that are maintained by the state or any
political
subdivision of the state, shall order that a copy of all
records
of the case, except fingerprints held by the court or a
law
enforcement agency, be delivered to the court. The court
shall
seal all of the records delivered to the court in a
separate file
in which only sealed records are maintained. The
sealed records
shall be kept by the court until the statute of
limitations
expires for any civil action based on the arrest, any
pending
litigation based on the arrest is terminated, or the
applicant
files a written waiver of the right to bring a civil
action based
on the arrest. After the expiration of the statute
of
limitations, the termination of the pending litigation, or the
filing of the waiver, the court shall destroy the sealed records. After the expungement order has been issued, the court
shall,
and the person may properly, reply that no record of the
case with
respect to the person exists. (G)(1) The court shall send notice of the order to expunge
or
seal to any public office or agency that the court has reason
to
believe may have a record of the expunged or sealed record.
Except as provided in division (K) of this section, an order to
seal or expunge under this section applies to every public office
or agency that has a record of the prior adjudication or arrest,
regardless of whether it receives notice of the hearing on the
expungement or sealing of the record or a copy of the order to
expunge or seal the record. Except as provided in division (K)
of
this section, upon the written request of a person whose
record
has been expunged and the presentation of a copy
of the order to
expunge, a public office or agency shall
destroy its record of the
prior adjudication or arrest, except a
record of the adjudication
or arrest that is maintained for
compiling statistical data and
that does not contain any
reference to the person who is the
subject of the order to
expunge. (2) The person, or the public office or agency, that
maintains
sealed records pertaining to an adjudication of a child
as a delinquent child
may maintain a manual or computerized
index
to the sealed records. The index shall contain only the name of,
and
alphanumeric identifiers that relate
to, the persons who are
the subject of the sealed records, the
word "sealed," and the name
of the person, or the public office or
agency that has custody of
the sealed records and shall not
contain the name of the
delinquent act committed. The person who has custody
of the
sealed records shall make the index available only for the
purposes set forth in divisions (E)(2) and (H) of this section. (H) The judgment rendered by the court under this chapter
shall not impose any of the civil disabilities ordinarily imposed
by conviction of a crime in that the child is not a criminal by
reason of the adjudication and no child shall be charged with or
convicted of a crime in any court except as provided by this
chapter. The disposition of a child under the judgment rendered
or any evidence given in court shall not operate to disqualify a
child in any future civil service examination, appointment, or
application. Evidence of a judgment rendered and the disposition
of a child under the judgment is not admissible to impeach the
credibility of the child in any action or proceeding. Otherwise,
the disposition of a child under the judgment rendered or any
evidence given in court is admissible as evidence for or against
the child in any action or proceeding in any court in accordance
with the Rules of Evidence and also may be considered by any
court
as to the matter of sentence or to the granting of
probation, and
a court may consider the judgment rendered and the disposition
of
a child under that judgment for purposes of determining whether
the child,
for a future criminal conviction or guilty plea, is a
repeat violent offender,
as defined in section 2929.01 of the
Revised Code. (I) In any application for employment, license, or other
right or privilege, any appearance as a witness, or any other
inquiry, a person may not be questioned with respect to any
arrest
for which the records were expunged. If an inquiry is
made in
violation of this division, the person may respond as if
the
expunged arrest did not occur, and the person shall not be
subject
to any adverse action because of the arrest or the
response. (J) An officer or employee of the state or any of its
political subdivisions who knowingly releases, disseminates, or
makes available for any purpose involving employment, bonding,
licensing, or education to any person or to any department,
agency, or other instrumentality of the state or of any of its
political subdivisions any information or other data concerning
any arrest, complaint, indictment, information, trial,
hearing,
adjudication, or
correctional supervision, the records of which
have been expunged
or sealed pursuant to this section and the
release, dissemination, or
making available of which is not
expressly permitted by this section, is
guilty of divulging
confidential information, a misdemeanor of the fourth degree. (K) Notwithstanding any provision of this section that
requires otherwise, a board of education of a city, local,
exempted village, or joint vocational school district that
maintains records of an individual who has been permanently
excluded under sections 3301.121 and 3313.662 of the Revised Code
is permitted to maintain records regarding an adjudication that
the individual is a delinquent child that was used as the basis
for the individual's permanent exclusion, regardless of a court
order to seal the record. An order issued under this section to
seal the record of an adjudication that an individual is a
delinquent child does not revoke the adjudication order of the
superintendent of public instruction to permanently exclude the
individual who is the subject of the sealing order. An order
issued under this section to seal the record of an adjudication
that an individual is a delinquent child may be presented to a
district superintendent as evidence to support the contention
that
the superintendent should recommend that the permanent
exclusion
of the individual who is the subject of the sealing
order be
revoked. Except as otherwise authorized by this
division and
sections 3301.121 and 3313.662 of the Revised Code,
any school
employee in possession of or having access to the
sealed
adjudication records of an individual that were the basis
of a
permanent exclusion of the individual is subject to division
(J)
of this section.
Sec. 2953.52. (A)(1) Any person, who is found not guilty
of
an offense by a jury or a court or who is the defendant named
in a
dismissed complaint, indictment, or information, may apply
to the
court for an order to seal his official records in the
case.
Except as provided in section 2953.61 of the Revised Code,
the
application may be filed at any time after the finding of not
guilty or the dismissal of the complaint, indictment, or
information is entered upon the minutes of the court or the
journal, whichever entry occurs first. (2) Any person, against whom a no bill is entered by a
grand
jury, may apply to the court for an order to seal his
official
records in the case. Except as provided in section
2953.61 of the
Revised Code, the application may be filed at any
time after the
expiration of two years after the date on which
the foreman or
deputy foreman of the grand jury reports to the
court that the
grand jury has reported a no bill. (B)(1) Upon the filing of an application pursuant to
division (A) of this section, the court shall set a date for a
hearing and shall notify the prosecutor in the case of the
hearing
on the application. The prosecutor may object to the
granting of
the application by filing an objection with the court
prior to the
date set for the hearing. The prosecutor shall
specify in the
objection the reasons he believes justify a denial
of the
application. (2) The court shall do each of the following: (a) Determine whether the person was found not guilty in
the
case, or the complaint, indictment, or information in the
case was
dismissed, or a no bill was returned in the case and a
period of
two years or a longer period as required by section
2953.61 of the
Revised Code has expired from the date of the
report to the court
of that no bill by the foreman or deputy
foreman of the grand
jury; (b) Determine whether criminal proceedings are pending
against the person; (c) If the prosecutor has filed an objection in accordance
with division (B)(1) of this section, consider the reasons
against
granting the application specified by the prosecutor in
the
objection; (d) Weigh the interests of the person in having the
official
records pertaining to the case sealed against the
legitimate
needs, if any, of the government to maintain those
records. (3) If the court determines, after complying with division
(B)(2) of this section, that the person was found not guilty in
the case, that the complaint, indictment, or information in the
case was dismissed, or that a no bill was returned in the case
and
that the appropriate period of time has expired from the date
of
the report to the court of the no bill by the foreman or
deputy
foreman of the grand jury; that no criminal proceedings
are
pending against the person; and the interests of the person
in
having the records pertaining to the case sealed are not
outweighed by any legitimate governmental needs to maintain such
records,
or if division (E)(2)(b) of section 4301.69 of the
Revised Code applies, the court shall issue an order directing
that all
official records pertaining to the case be sealed and
that,
except as provided in section 2953.53 of the Revised Code,
the
proceedings in the case be deemed not to have occurred.
Sec. 2953.53. (A) The court shall send notice of any
order
to seal official records issued pursuant to section 2953.52
of the
Revised Code to any public office or agency that the court
knows
or has reason to believe may have any record of the case,
whether
or not it is an official record, that is the subject of
the order.
The notice shall be sent by certified mail, return
receipt
requested. (B) A person whose official records have been sealed
pursuant to an order issued pursuant to section 2953.52 of the
Revised Code may present a copy of that order and a written
request to comply with it, to a public office or agency that has
a
record of the case that is the subject of the order. (C) An order to seal official records issued pursuant to
section 2953.52 of the Revised Code applies to every public
office
or agency that has a record of the case that is the
subject of the
order, regardless of whether it receives notice of
the hearing on
the application for the order to seal the official
records or
receives a copy of the order to seal the official
records pursuant
to division (A) or (B) of this section. (D) Upon receiving a copy of an order to seal official
records pursuant to division (A) or (B) of this section or upon
otherwise becoming aware of an applicable order to seal official
records issued pursuant to section 2953.52 of the Revised Code, a
public office or agency shall comply with the order and, if
applicable, with the provisions of section 2953.54 of the Revised
Code, except that it may maintain a record of the case that is
the
subject of the order if the record is maintained for the
purpose
of compiling statistical data only and does not contain
any
reference to the person who is the subject of the case and
the
order. A public office or agency also may maintain an index of
sealed official records, in a form similar to that for sealed
records of conviction as set forth in division (F) of section
2953.32 of the Revised Code, access to which may not be afforded
to any person other than the person who has custody of the sealed
official records. The sealed official records to which such an
index pertains shall not be available to any person, except that
the official records of a case that have been sealed may be made
available to the following persons for the following purposes: (1) To the person who is the subject of the records upon
written application, and to any other person named in the
application, for any purpose; (2) To a law enforcement officer who was involved in the
case, for use in the officer's defense of a civil action arising
out of the officer's involvement in that case; (3) To a prosecuting attorney or
his
the prosecuting
attorney's
assistants to determine a defendant's eligibility to
enter a pre-trial
diversion program established pursuant to
section 2935.36 of the Revised Code;
(4) To a prosecuting attorney or the prosecuting attorney's
assistants to
determine a defendant's eligibility to enter a
pre-trial diversion
program under division (E)(2)(b) of section
4301.69 of the Revised
Code.
Sec. 4301.638. Sections
4301.632
4301.633 to 4301.637 of the
Revised Code shall not be
deemed to modify or affect division (A)
of section 4301.22 or section 4301.69
of the Revised Code.
Sec. 4301.69. (A) Except as otherwise provided in this
chapter, no person shall sell beer or intoxicating liquor to an
underage person, shall buy beer or intoxicating liquor for an
underage person, or shall furnish it to an underage person,
unless
given by a physician in the regular line of the
physician's
practice or given for established religious purposes or unless
the
underage person is accompanied by a parent, spouse who is not an
underage person, or legal guardian. In proceedings before the liquor control commission, no
permit holder, or the employee or agent of a permit holder,
charged with a violation of this division shall be charged, for
the same offense, with a violation of division (A)(1) of section
4301.22 of the Revised Code. (B) No person who is the owner or occupant of any public
or
private place shall knowingly allow any underage person to
remain
in or on the place while possessing or consuming beer or
intoxicating liquor, unless the intoxicating liquor or beer is
given to the person possessing or consuming it by that person's
parent, spouse who is not an underage person, or legal guardian
and the parent, spouse who is not an underage person, or legal
guardian is present at the time of the person's possession or
consumption of the beer or intoxicating liquor. An owner of a public or private place is not liable for
acts
or omissions in violation of this division that are
committed by a
lessee of that place, unless the owner authorizes
or acquiesces in
the lessee's acts or omissions. (C) No person shall engage or use accommodations at a
hotel,
inn, cabin, campground, or restaurant when the person
knows or has
reason to know either of the following: (1) That beer or intoxicating liquor will be consumed by
an
underage person on the premises of the accommodations that the
person engages or uses, unless the person engaging or using the
accommodations is the spouse of the underage person and who is
not
an underage person, or is the parent or legal
guardian of all of
the underage persons, who consume beer or
intoxicating liquor on
the premises and that person is on the
premises at all times when
beer or intoxicating liquor is being
consumed by an underage
person; (2) That a drug of abuse will be consumed on the premises
of
the accommodations by any person, except a person who obtained
the
drug of abuse pursuant to a prescription issued by a
licensed
health professional authorized to prescribe
drugs and has the drug
of abuse in the original container
in which it was dispensed to
the person. (D)(1) No person is required to permit the engagement of
accommodations at any hotel, inn, cabin, or campground by an
underage person or for an underage person, if the person engaging
the accommodations knows or has reason to know that the underage
person is intoxicated, or that the underage person possesses any
beer or intoxicating liquor and is not accompanied by a parent,
spouse who is not an underage person, or legal guardian who is or
will be present at all times when the beer or intoxicating liquor
is being consumed by the underage person. (2) No underage person shall knowingly engage or attempt
to
engage accommodations at any hotel, inn, cabin, or campground
by
presenting identification that falsely indicates that the
underage
person is twenty-one years of age or older for the purpose of
violating
this section. (E)(1) No underage person shall knowingly
order, pay for,
share the cost of, attempt to purchase, possess,
or consume
any
beer or intoxicating liquor, in any
public or private place,
unless. No underage person shall knowingly be under the influence
of any beer or intoxicating liquor in any public place. The
prohibitions set forth in division
(E)(1) of this section against
an underage person knowingly possessing, consuming, or being under
the influence of any beer or intoxicating liquor shall not apply
if the underage person is
accompanied
by a parent, spouse
who is
not an
underage person, or
legal
guardian, or
unless the beer or
intoxicating liquor is given
by a
physician in the regular line
of
the physician's practice or
given
for established
religious
purposes.
(2)(a) If a person is charged with violating division (E)(1)
of
this section in a complaint filed under section 2151.27 of the
Revised Code, the court may order the child into a diversion
program specified by the court and hold the complaint in abeyance
pending successful completion of the diversion program. A child
is ineligible to enter into a diversion program under division
(E)(2)(a) of this section if the child previously has been
diverted pursuant to division (E)(2)(a) of this section. If the
child completes the diversion program to the satisfaction of the
court, the court shall dismiss the complaint and order the child's
record in the case sealed under division (D)(3) of section
2151.358 of the Revised Code. If the child fails to
satisfactorily complete the diversion program, the court shall
proceed with the complaint.
(b) If a person is charged in a criminal complaint with
violating division (E)(1) of this section, section 2935.36 of the
Revised Code shall apply to the offense, except that a person is
ineligible for diversion under that section if the person
previously has been diverted pursuant to division (E)(2)(a) or (b)
of this section. If the person completes the diversion program to
the satisfaction of the court, the court shall dismiss the
complaint and order the record in the case sealed under section
2953.52 of the Revised Code. If the person fails to
satisfactorily complete the diversion program, the court shall
proceed with the complaint. (F) No parent, spouse who is not an underage person, or
legal guardian of a minor shall knowingly permit the minor to
violate this section or section 4301.63,
4301.632, 4301.633, or
4301.634 of the Revised Code. (G) The operator of any hotel, inn, cabin, or campground
shall make the provisions of this section available in writing to
any person engaging or using accommodations at the hotel, inn,
cabin, or campground. (H) As used in this section: (1) "Drug of abuse" has the same meaning as in section
3719.011 of the Revised Code. (2) "Hotel" has the same meaning as in section 3731.01 of
the Revised Code. (3) "Licensed health professional authorized to prescribe
drugs"
and
"prescription" have the same meanings as in section
4729.01 of the Revised Code. (4) "Minor" means a person under the age of eighteen
years. (5) "Underage person" means a person under the age of
twenty-one years.
Sec. 4301.99. (A) Whoever violates section 4301.47,
4301.48, 4301.49, 4301.62, or 4301.70 or division (B) of section
4301.691 of the Revised Code is guilty of a minor misdemeanor. (B) Whoever violates section 4301.15, division (A)(2) or
(D)
of section 4301.22, division (C), (D), (E), (F), (G), (H), or
(I)
of section 4301.631, or section 4301.64 or 4301.67 of the
Revised
Code is guilty of a misdemeanor of the fourth degree. If an offender who violates section 4301.64 of the
Revised
Code
was under the age of eighteen years at the time of the
offense, the court, in
addition to any other penalties it imposes
upon the offender, shall suspend
the
offender's temporary
instruction permit, probationary driver's license, or
driver's
license for a period of six months. If the offender is fifteen
years
and six months of age or older and has not been issued a
temporary instruction
permit or probationary driver's license, the
offender shall not be eligible to
be issued such a license or
permit for a period of six months. If the
offender
has not
attained the age of fifteen years and six months, the offender
shall
not be eligible to be issued a temporary instruction permit
until the offender
attains the age of sixteen years. (C) Whoever violates division (D) of section 4301.21, or
section 4301.251, 4301.58, 4301.59, 4301.60,
4301.632, 4301.633,
4301.66, 4301.68, or 4301.74, division (B), (C), (D), (E)(1), or
(F)
of section 4301.69 of the Revised Code, or division (C), (D),
(E), (F), (G), or (I) of section 4301.691 of the Revised Code
is
guilty of a misdemeanor of the first degree. If an offender who violates
division (E)(1) of section
4301.632
4301.69 of the
Revised Code was under the age of eighteen
years at the time
of the offense and the offense
occurred while
the offender was the operator of or a passenger in a motor
vehicle, the court, in
addition to any other penalties it imposes
upon the offender, shall suspend
the
offender's temporary
instruction permit or probationary driver's license
for a period
of six months. If the offender is fifteen
years and six months of
age or older and has not been issued a temporary
instruction
permit or probationary driver's license,
the offender shall not be
eligible to be issued such a license or permit
for
a period of six
months. If the offender has not attained the age of fifteen
years
and six months, the offender shall not be eligible to be issued a
temporary instruction permit until the offender attains the age of
sixteen
years. (D) Whoever violates division (B) of section 4301.14, or
division (A)(1) or (3), (B), or (C) of section 4301.22 of the
Revised Code is guilty of a misdemeanor of the third degree. (E) Whoever violates section 4301.63 or division (B) of
section 4301.631 of the Revised Code shall be fined not less than
twenty-five nor more than one hundred dollars. The court
imposing
a fine for a violation of section 4301.63 or division
(B) of
section 4301.631 of the Revised Code may order that the
fine be
paid by the performance of public work at a reasonable
hourly rate
established by the court. The court shall designate
the time
within which the public work shall be completed. (F)(1) Whoever violates section 4301.634 of the Revised
Code
is guilty of a misdemeanor of the first degree. If, in
committing
a first violation of that section, the offender
presented to the
permit holder or the permit holder's
employee or agent a false,
fictitious, or altered identification card, a false or fictitious
driver's license purportedly issued by any state, or a driver's
license issued by any state that has been altered, the offender
is
guilty of a misdemeanor of the first degree and shall be fined
not
less than two hundred fifty and not more than one thousand
dollars, and may be sentenced to a term of imprisonment of not
more than six months. (2) On a second violation in which, for the second time,
the
offender presented to the permit holder or the permit
holder's
employee or
agent a false, fictitious, or altered identification
card, a
false or fictitious driver's license purportedly issued by
any
state, or a driver's license issued by any state that has
been
altered, the offender is guilty of a misdemeanor of the first
degree and shall be fined not less than five hundred nor more
than
one thousand dollars, and may be sentenced to a term of
imprisonment of not more than six months. The court also may
suspend the offender's driver's or commercial driver's license or
permit or nonresident operating privilege or deny the offender
the
opportunity to be issued a driver's or commercial driver's
license
for a period not exceeding sixty days. (3) On a third or subsequent violation in which, for the
third or subsequent time, the offender presented to the permit
holder or the permit holder's employee or agent a false,
fictitious, or altered
identification card, a false or fictitious
driver's license
purportedly issued by any state, or a driver's
license issued by
any state that has been altered, the offender is
guilty of a
misdemeanor of the first degree and shall be fined not
less than
five hundred nor more than one thousand dollars, and may
be
sentenced to a term of imprisonment of not more than six
months. The court
also shall suspend the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege or deny the offender the opportunity to be issued a
driver's or commercial driver's license for a period of ninety
days, and the court may order that the suspension or denial
remain
in effect until the offender attains the age of twenty-one
years.
The court also may order the offender to perform a
determinate
number of hours of community service, with the court
determining
the actual number of hours and the nature of the
community service
the offender shall perform. (G) Whoever violates section 4301.636 of the Revised Code is
guilty of a
felony of the fifth degree.
(H) Whoever violates division (A)(1) of section 4301.22 of
the Revised Code is guilty of a misdemeanor, shall be fined not
less than five hundred and not more than one thousand dollars,
and, in addition to the fine, may be imprisoned for a definite
term of not more than sixty days. (I) Whoever violates division (A) of section 4301.69 or
division (H) of section 4301.691 of the Revised Code is guilty of
a misdemeanor, shall be fined not less than five hundred and not
more than one thousand dollars, and, in addition to the fine, may
be imprisoned for a definite term of not more than six months.
Section 2. That existing sections 2151.358, 2953.52, 2953.53,
4301.638, 4301.69, and 4301.99 and section 4301.632 of the Revised
Code are hereby repealed.
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