REPRESENTATIVE Manning
A BILL
To amend sections 905.40, 905.461, 2925.01, 2925.04,
2925.14, 2925.38, 2925.51, 2933.43, 3734.01,
3745.13, 4507.16, and 4507.169 and to enact
sections 2925.041, 2925.042, and 2925.52 of the
Revised Code to provide a comprehensive mechanism
to assist in combating the illegal manufacture or
production of methamphetamine.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 905.40, 905.461, 2925.01, 2925.04,
2925.14, 2925.38, 2925.51, 2933.43, 3734.01, 3745.13, 4507.16, and
4507.169 be amended and sections 2925.041, 2925.042, and 2925.52
of the Revised Code be enacted to read as follows:
Sec. 905.40. (A) The director of agriculture may promulgate,
adopt, and enforce
uniform rules:
(A)(1) Governing the storing and handling of fertilizers;
(B)(2) For safety in the design, construction, location,
installation, or
operation of equipment for storing, handling,
transporting, and utilizing
anhydrous ammonia, aqueous ammonia, or
other solutions for use as agricultural fertilizers;
(C)(3) To prohibit the reselling or reuse of such containers
without
authorization by the owner thereof;
(D)(4) Requiring that guaranteed analysis be stated in a
form other than
that defined in section 905.31
of the Revised Code
when another form will not impose an economic hardship on
manufacturers, distributors, and users of fertilizer by reason of
conflicting
labeling requirements among the states.
(B) The director of agriculture shall adopt and enforce
rules that establish minimum safety standards in the design and
construction of portable containers used to transport or carry
anhydrous ammonia.
Sec. 905.461. The director of agriculture may issue an
order
prohibiting the use of anhydrous ammonia equipment found not to
comply
with rules adopted under division
(A)(2) or (B) of section
905.40 of the
Revised Code. No person shall use the equipment
until
a release in writing is issued by the director.
The director shall not issue a release until both of the
following
have occurred:
(A) The director
has inspected the anhydrous ammonia
equipment and has found that the
equipment complies with rules
adopted under division
(A)(2) or (B) of section
905.40 of the
Revised Code;
(B) The person in control of the
anhydrous ammonia equipment
at the time of the noncompliance has paid the
director in an
amount equal to all expenses incurred by the director due to
the
order prohibiting use of the equipment.
Sec. 2925.01. As used in this chapter:
(A) "Administer," "controlled substance," "dispense,"
"distribute," "hypodermic,"
"manufacturer," "official written
order," "person,"
"pharmacist," "pharmacy," "sale,"
"schedule I,"
"schedule II," "schedule III," "schedule IV,"
"schedule V," and
"wholesaler" have the same meanings as in
section 3719.01 of the
Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the
same meanings as in section 3719.011 of the Revised Code.
(C) "Drug," "dangerous drug," "licensed health professional
authorized to
prescribe
drugs," and "prescription" have the same
meanings as in section
4729.01 of the Revised Code.
(D) "Bulk amount" of a controlled substance means any of
the
following:
(1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III,
with the
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this
section,
whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or
twenty-five
unit doses of a compound, mixture, preparation, or
substance that
is or contains any amount of a schedule I opiate
or opium
derivative;
(b) An amount equal to or exceeding ten grams
of a
compound,
mixture, preparation, or substance that is or contains
any amount
of raw or gum opium;
(c) An amount equal to or exceeding thirty
grams or ten
unit
doses of a compound, mixture, preparation, or substance that
is or
contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or
lysergic acid
amide, or a schedule I
stimulant or
depressant;
(d) An amount equal to or exceeding twenty
grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound,
mixture,
preparation, or substance that is or contains any amount
of a
schedule II opiate or opium derivative;
(e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is
or
contains any amount of phencyclidine;
(f) An amount equal to or exceeding one hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified in a standard pharmaceutical reference manual of
a
compound, mixture, preparation, or substance that is or
contains
any amount of a schedule II stimulant that is in a final
dosage
form manufactured by a person authorized by the "Federal
Food,
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21
U.S.C.A. 301, as
amended, and the federal drug abuse control
laws, as defined in
section 3719.01 of the Revised Code, that is or contains
any
amount of a schedule II depressant
substance or a schedule II
hallucinogenic substance;
(g) An amount equal to or exceeding three
grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws.
(2) An amount equal to or exceeding one
hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified
in a standard pharmaceutical reference manual of a
compound,
mixture,
preparation, or substance that is or contains
any amount of a
schedule
III or IV substance other than an
anabolic
steroid or a schedule III opiate or opium derivative;
(3) An amount equal to or exceeding twenty grams or five
times the maximum
daily dose in the usual dose range specified in
a standard pharmaceutical
reference manual of a compound, mixture,
preparation, or substance that is
or contains any amount of a
schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance;
(5) An amount equal to or exceeding two
hundred solid
dosage
units, sixteen grams, or sixteen milliliters of a
compound,
mixture, preparation, or substance that is or contains
any amount
of a schedule III anabolic steroid.
(E) "Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and in a form that
indicates that it is
the amount or unit by which
the controlled substance is separately
administered to or taken by an
individual.
(F) "Cultivate" includes planting, watering, fertilizing,
or
tilling.
(G) "Drug abuse offense" means any of the following:
(1) A violation of division (A) of section 2913.02 that
constitutes theft of drugs, or a violation of section 2925.02,
2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13,
2925.22, 2925.23, 2925.24, 2925.31,
2925.32, 2925.36, or
2925.37 of the Revised Code;
(2) A violation of an existing or former law of this or
any
other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section;
(3) An offense under an existing or former law of this or
any other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element;
(4) A conspiracy to commit, attempt to commit, or complicity
in
committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section.
(H) "Felony drug abuse offense" means any drug abuse
offense
that would constitute a felony under the laws of this
state, any
other state, or the United States.
(I) "Harmful intoxicant" does not include beer or
intoxicating liquor but means any compound, mixture,
preparation,
or substance the gas, fumes, or vapor of which when
inhaled can
induce intoxication, excitement, giddiness,
irrational behavior,
depression, stupefaction, paralysis,
unconsciousness,
asphyxiation, or other harmful physiological
effects, and
includes, but is not limited to, any of the
following:
(1) Any volatile organic solvent, plastic cement, model
cement, fingernail polish remover, lacquer thinner, cleaning
fluid, gasoline, or other preparation containing a volatile
organic solvent;
(2) Any aerosol propellant;
(3) Any fluorocarbon refrigerant;
(4) Any anesthetic gas.
(J) "Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production.
(K) "Possess" or "possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found.
(L) "Sample drug" means a drug or pharmaceutical
preparation
that would be hazardous to health or safety if used
without the
supervision of a licensed health
professional authorized to
prescribe drugs, or a drug of abuse,
and that, at one time, had
been placed in a container plainly
marked as a sample by a
manufacturer.
(M) "Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of any of the
following reference works:
(1) "The National Formulary";
(2) "The United States Pharmacopeia," prepared by
authority
of the United States Pharmacopeial Convention, Inc.;
(3) Other standard references that are approved by the
state
board of pharmacy.
(N) "Juvenile" means a person under eighteen years of age.
(O) "Counterfeit controlled substance" means any of the
following:
(1) Any drug that bears, or whose container or label
bears,
a trademark, trade name, or other identifying mark used
without
authorization of the owner of rights to that trademark,
trade
name, or identifying mark;
(2) Any unmarked or unlabeled substance that is
represented
to be a controlled substance manufactured, processed,
packed, or
distributed by a person other than the person that
manufactured,
processed, packed, or distributed it;
(3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance;
(4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale.
(P) An offense is "committed in the vicinity of a school" if
the
offender commits the offense on school premises, in a school
building, or
within one thousand feet of the boundaries of any
school premises.
(Q) "School" means any school operated by a board of
education or any school for which the state board of education
prescribes minimum standards under section 3301.07 of the Revised
Code, whether or not any instruction, extracurricular activities,
or training provided by the school is being conducted at the time
a criminal offense is committed.
(R) "School premises" means either of the following:
(1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed;
(2) Any other parcel of real property that is owned or
leased by a board of education of a school or the governing body
of a school for which the state board of education prescribes
minimum standards under section 3301.07 of the Revised Code and
on
which some of the instruction, extracurricular activities, or
training of the school is conducted, whether or not any
instruction, extracurricular activities, or training provided by
the school is being conducted on the parcel of real property at
the time a criminal offense is committed.
(S) "School building" means any building in which any of
the
instruction, extracurricular activities, or training provided
by a
school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed.
(T) "Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the
Government
of the Bar of Ohio.
(U) "Certified grievance committee" means a duly
constituted
and organized committee of the Ohio state bar
association or of
one or more local bar associations of the state
of Ohio that
complies with the criteria set forth in Rule V,
section 6 of the
Rules for the Government of the Bar of Ohio.
(V) "Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (35) of
this
section and that qualifies a person as a professionally
licensed
person.
(W) "Professionally licensed person" means any of the
following:
(1) A person who has obtained a license as a manufacturer
of
controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code;
(2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has
registered
as a public accountant under Chapter 4701. of the
Revised Code and
who holds an Ohio permit issued under that
chapter;
(3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code;
(4) A person who is registered as a landscape architect
under Chapter 4703. of the Revised Code or who holds a permit as
a
landscape architect issued under that chapter;
(5) A person licensed as an auctioneer or apprentice
auctioneer or licensed to operate an auction company under
Chapter
4707. of the Revised Code;
(6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code;
(7) A person licensed and regulated to engage in the
business of a debt pooling company by a legislative authority,
under authority of Chapter 4710. of the Revised Code;
(8) A person who has been issued a cosmetologist's
license,
manicurist's license, esthetician's license, managing
cosmetologist's license, managing manicurist's license, managing
esthetician's license, cosmetology instructor's license,
manicurist instructor's license, esthetician instructor's
license,
or tanning facility permit under Chapter 4713. of the
Revised
Code;
(9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate under Chapter 4715. of the Revised Code;
(10) A person who has been issued an embalmer's license, a
funeral director's license, a funeral home license, or a crematory
license, or
who has been registered for an embalmer's or funeral
director's apprenticeship
under Chapter 4717. of the Revised Code;
(11) A person who has been licensed as a registered nurse
or
practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code;
(12) A person who has been licensed to practice optometry
or
to engage in optical dispensing under Chapter 4725. of the
Revised
Code;
(13) A person licensed to act as a pawnbroker under
Chapter
4727. of the Revised Code;
(14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code;
(15) A person licensed as a pharmacist, a pharmacy
intern, a
wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code;
(16) A person who is authorized to practice as a physician
assistant under
Chapter 4730. of the Revised Code;
(17) A person who has been issued a certificate to
practice
medicine and surgery, osteopathic medicine and surgery,
a limited
branch of medicine, or podiatry under
Chapter 4731. of the Revised
Code;
(18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code;
(19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code;
(20) A person who has been issued a license to
practice
chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker or
real estate salesperson under Chapter 4735. of the Revised Code;
(22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code;
(23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code;
(24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code;
(25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code;
(26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code;
(27) A person who has been issued a hearing aid dealer's
or
fitter's license or trainee permit under Chapter 4747. of the
Revised Code;
(28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code;
(29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code;
(30) A person licensed to practice as a speech-language
pathologist
or audiologist under Chapter 4753. of the Revised
Code;
(31) A person issued a license as an occupational
therapist
or physical therapist under Chapter 4755. of the
Revised Code;
(32) A person who is licensed as a professional clinical
counselor or
professional counselor, licensed as a social worker
or independent social
worker, or registered as a social work
assistant under Chapter 4757. of the Revised Code;
(33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code;
(34) A person who has been issued a license or
limited
permit to practice respiratory therapy under Chapter 4761. of
the
Revised Code;
(35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code.
(X) "Cocaine" means any of the following:
(1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine;
(2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer,
or
derivative of ecgonine, or a salt of an isomer or derivative
of
ecgonine;
(3) A salt, compound, derivative, or preparation of a
substance identified in division
(X)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine.
(Y) "L.S.D." means
lysergic acid diethylamide.
(Z) "Hashish" means the resin or a preparation of the resin
contained in marihuana, whether in solid form or in a liquid
concentrate,
liquid extract, or liquid distillate form.
(AA) "Marihuana" has the same meaning as in section
3719.01
of the Revised Code,
except that it does not include hashish.
(BB) An offense is "committed in the vicinity of a
juvenile"
if
the offender commits the offense within one hundred feet of a
juvenile or
within the view of a juvenile, regardless of whether
the
offender knows the age of the juvenile, whether the offender
knows the offense
is being committed within one hundred feet of or
within view of the juvenile,
or whether the juvenile actually
views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that a
prison term shall be imposed" means a presumption, as described in
division
(D) of section 2929.13 of the Revised Code, that a prison
term is a necessary
sanction for a felony in order to comply with
the purposes and principles of
sentencing under section 2929.11 of
the Revised Code.
(DD) "Major drug offender" has the same meaning as in
section
2929.01 of the Revised Code.
(EE) "Minor drug possession offense" means either of the
following:
(1) A violation of section 2925.11 of the Revised Code as
it
existed prior to July 1, 1996;
(2) A violation of section 2925.11 of the Revised Code as it
exists on and
after July 1, 1996, that is a misdemeanor or a
felony of the fifth
degree.
(FF) "Mandatory prison term" has the same meaning as
in
section 2929.01 of the Revised Code.
(GG) "Crack cocaine" means a compound, mixture, preparation,
or
substance that is or contains any amount of cocaine that is
analytically
identified as the base form of cocaine or that is in
a form that resembles
rocks or pebbles generally intended for
individual use.
(HH) "Adulterate" means to cause a drug to be adulterated as
described in section 3715.63 of the Revised Code.
(II) "Public premises" means any hotel, restaurant, tavern,
store, arena, hall, or other place of public accommodation,
business, amusement, or resort.
Sec. 2925.04. (A) No person shall knowingly cultivate
marihuana or knowingly manufacture or otherwise engage in any part
of the
production of a controlled substance.
(B) This section does not apply to any person listed in
division
(B)(1), (2), or (3) of section 2925.03 of the Revised
Code to the extent and
under the circumstances described in those
divisions.
(C)(1) Whoever commits a violation of division (A) of
this
section that involves any drug other than marihuana is guilty of
illegal
manufacture of drugs, and whoever commits a violation of
division (A)
of this section that involves marihuana is guilty of
illegal cultivation of
marihuana.
(2)
If
Except as otherwise provided in this division, if the
drug involved in the violation of division
(A) of this section is
any compound, mixture,
preparation, or substance included in
schedule I or
II, with the exception of marihuana, illegal
manufacture
of drugs is a felony of the second degree, and,
subject to
division (E) of this section, the court shall impose as
a
mandatory prison term one of the prison terms prescribed for a
felony of the second degree.
If the drug involved in the violation
is methamphetamine, any salt, isomer, or salt of an isomer of
methamphetamine, or any compound, mixture, preparation, or
substance containing methamphetamine or any salt, isomer, or salt
of an isomer of methamphetamine and if the offense was committed
in the vicinity of a juvenile, in the vicinity of a school, or on
public premises, illegal manufacture of drugs is a felony of the
first degree, and, subject to division (E) of this section, the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the first degree.
(3) If the drug involved in the violation of division
(A) of
this section is any compound, mixture,
preparation, or substance
included in schedule III,
IV, or V, illegal manufacture of drugs
is a
felony of the third degree, and there is a presumption for a
prison term for the offense.
(4) If the drug involved in the violation is marihuana,
the
penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c),
(d), (e), or
(f) of this section, illegal cultivation of marihuana
is a
minor misdemeanor.
(b) If the amount of marihuana involved equals
or exceeds
one hundred grams but is less than
two hundred
grams, illegal
cultivation of marihuana is a misdemeanor of the
fourth degree.
(c) If the amount of marihuana involved equals or exceeds
two hundred grams but is less than one
thousand grams, illegal
cultivation of marihuana is a felony of the fifth degree, and
division (B) of section 2929.13 of the Revised Code applies in
determining
whether to impose a prison term on the offender.
(d) If the amount of marihuana involved equals or exceeds
one thousand grams but is less than five
thousand grams,
illegal
cultivation of marihuana is a felony of the third degree,
and
division (C) of section 2929.13 of the Revised Code applies in
determining
whether
to impose a prison term on the offender.
(e) If the amount of marihuana involved equals or exceeds
five thousand grams but is less than twenty
thousand grams,
illegal cultivation of marihuana is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(f) If the amount of marihuana involved equals or exceeds
twenty thousand grams, illegal cultivation of marihuana is a
felony of the second degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the second degree.
(D) In addition to any prison term authorized
or required by
division (C) or (E) of this
section and sections 2929.13 and
2929.14 of the Revised
Code and in addition to any other sanction
imposed for
the offense under this section or sections 2929.11 to
2929.18 of
the Revised Code, the court that sentences an
offender
who is convicted of or pleads guilty to a violation of
division
(A) of this section shall do all of the
following that are
applicable regarding the offender:
(1) If the violation of division (A) of this
section is a
felony of the
first, second, or third degree, the court
shall
impose upon the offender the mandatory fine specified for
the
offense under division (B)(1) of section 2929.18 of
the Revised
Code unless, as specified in that
division, the court determines
that the offender is
indigent. The clerk of the court shall pay a
mandatory fine or
other fine imposed for a violation of this
section pursuant to
division (A) of section 2929.18 of the Revised
Code in accordance with and subject to the requirements
of
division (F) of section 2925.03 of the Revised
Code. The agency
that receives the fine shall use the
fine as specified in division
(F) of section 2925.03 of
the Revised Code. If a person is
charged with a
violation of this section that is a felony of the
first, second, or third
degree, posts bail, and forfeits the bail,
the clerk shall pay
the forfeited bail as if the forfeited bail
were a fine imposed
for a violation of this section.
(2) The court shall revoke or suspend the offender's
driver's or commercial driver's license or permit in accordance
with division (G) of section 2925.03 of the
Revised Code. If an
offender's driver's or
commercial driver's license or permit is
revoked in accordance
with that division, the offender may request
termination of, and
the court may terminate, the revocation in
accordance with that
division.
(3) If the offender is a professionally licensed person
or a
person who has been admitted to the bar by order of the
supreme
court in compliance with its prescribed and published
rules, the
court shall comply with section 2925.38 of the
Revised Code.
(E) Notwithstanding the prison term otherwise
authorized or
required for the offense under division (C)
of this section and
sections 2929.13 and 2929.14 of the
Revised Code, if the violation
of division
(A) of this section involves the sale, offer to sell,
or
possession of a schedule I or II controlled
substance, with the
exception of marihuana, and if the court imposing
sentence upon
the offender finds that the offender
as a result of the violation
is a major drug offender and is guilty
of a specification of the
type described in section 2941.1410 of the Revised Code, the
court, in lieu of the prison term otherwise authorized or
required, shall impose upon the offender the mandatory prison
term
specified in division (D)(3)(a) of
section 2929.14 of the Revised
Code and may
impose an additional prison term under division
(D)(3)(b) of that section.
(F) It is an affirmative defense, as
provided in section
2901.05 of the Revised Code,
to a charge under this section for a
fifth degree felony violation of
illegal cultivation of
marihuana
that the marihuana that gave rise to the charge is in
an amount,
is in a form, is prepared, compounded, or mixed with
substances
that are not controlled substances in a manner, or is
possessed or
cultivated under any other circumstances that
indicate that the
marihuana was solely for personal use.
Notwithstanding any contrary provision of division
(F) of
this section, if, in
accordance with section 2901.05 of the
Revised
Code, a person who is charged
with a violation of illegal
cultivation of marihuana that is a
felony of the fifth degree
sustains the burden of going forward
with evidence of and
establishes by a preponderance of the
evidence the affirmative
defense described in this division, the
person may be prosecuted
for and may be convicted of or plead
guilty to a misdemeanor
violation of illegal cultivation of
marihuana.
(G) Arrest or conviction for a minor
misdemeanor violation
of this section does not constitute a
criminal record and need not
be reported by the person so
arrested or convicted in response to
any inquiries about the
person's criminal record, including any
inquiries contained in an
application for employment, a license,
or any other right or
privilege or made in connection with the
person's appearance as a
witness.
Sec. 2925.041. (A) No person, with the intent to violate
section 2925.04 of the Revised Code, shall knowingly assemble
chemicals sufficient to produce a compound, mixture, preparation,
or substance included in Schedule I or II.
(B) Whoever violates this section is guilty of illegal
assembly of chemicals for the manufacture of drugs. Except as
otherwise provided in this division, illegal assembly of chemicals
for the manufacture of drugs is a felony of the second degree, and
the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If the
offense was committed in the vicinity of a juvenile, in the
vicinity of a school, or on public premises, illegal assembly of
chemicals for the manufacture of drugs is a felony of the second
degree, and the court shall impose as a mandatory prison term the
maximum prison term prescribed for a felony of the second degree.
(C) In addition to any prison term authorized or required by
division (B) of this section and sections 2929.13 and 2929.14 of
the Revised Code and in addition to any other sanction imposed for
the offense under this section or sections 2929.11 to 2929.18 of
the Revised Code, the court that sentences an offender who is
convicted of or pleads guilty to a violation of this section shall
do all of the following that are applicable regarding the
offender:
(1) The court shall impose upon the offender the mandatory
fine specified for the offense under division (B)(1) of section
2929.18 of the Revised Code unless, as specified in that division,
the court determines that the offender is indigent. The clerk of
the court shall pay a mandatory fine or other fine imposed for a
violation of this section pursuant to division (A) of section
2929.18 of the Revised Code in accordance with and subject to the
requirements of division (F) of section 2925.03 of the Revised
Code. The agency that receives the fine shall use the fine as
specified in division (F) of section 2925.03 of the Revised Code.
If a person charged with a violation of this section posts bail
and forfeits the bail, the clerk shall pay the forfeited bail as
if the forfeited bail were a fine imposed for a violation of this
section.
(2) The court shall revoke or suspend the offender's
driver's or commercial driver's license or permit in accordance
with division (G) of section 2925.03 of the Revised Code. If an
offender's driver's or commercial driver's license or permit is
revoked in accordance with that division, the offender may request
termination of, and the court may terminate, the revocation in
accordance with that division.
(3) If the offender is a professionally licensed person or a
person who has been admitted to the bar by order of the supreme
court in compliance with its prescribed and published rules, the
court shall comply with section 2925.38 of the Revised Code.
Sec. 2925.042. (A) No person shall knowingly acquire, have,
or use any amount of anhydrous ammonia.
(B) Division (A) of this section does not apply to any
person who acquires, has, or uses anhydrous ammonia in, or for the
purpose of, routine agricultural operations or as a fertilizer.
Division (A) of this section does not apply to any person who
acquires, has, or uses anhydrous ammonia for any lawful business,
occupational, research, scientific, educational, or governmental
purpose.
(C) Whoever violates division (A) of this section is guilty
of unlawful possession of anhydrous ammonia, a felony of the fifth
degree.
Sec. 2925.14. (A) As used in this section, "drug
paraphernalia" means any equipment, product, or material of any
kind that is used by the offender, intended by the offender for
use, or designed for use, in propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging,
repackaging,
storing, containing, concealing, injecting,
ingesting, inhaling,
or otherwise introducing into the human
body, a controlled
substance in violation of this chapter. "Drug
paraphernalia"
includes, but is not limited to, any of the
following equipment,
products, or materials that are used by the
offender, intended by
the offender for use, or designed by the
offender for use, in any
of the following manners:
(1) A kit for propagating, cultivating, growing, or
harvesting any species of a plant that is a controlled substance
or from which a controlled substance can be derived;
(2) A kit for manufacturing, compounding, converting,
producing, processing, or preparing a controlled substance;
(3)
Any object, instrument, or device for manufacturing,
compounding, converting, producing, processing, or preparing
methamphetamine, any salt, isomer, or salt of an isomer of
methamphetamine, or any compound, mixture, preparation, or
substance containing methamphetamine or any salt, isomer, or salt
of an isomer of methamphetamine, such as a Pyrex or Corning dish,
jug, bottle, funnel, blender, gas can, hot plate, strainer, or
propane cylinder; coffee filters; rubber tubing; paper towels;
rubber gloves; tape or clamps; or aluminum foil;
(4) An isomerization device for increasing the potency of
any species of a plant that is a controlled substance;
(4)(5) Testing equipment for identifying, or analyzing the
strength, effectiveness, or purity of, a controlled substance;
(5)(6) A scale or balance for weighing or measuring a
controlled substance;
(6)(7) A diluent or adulterant, such as quinine
hydrochloride, mannitol, mannite, dextrose, or lactose, for
cutting a controlled substance;
(7)(8) A separation gin or sifter for removing twigs and
seeds from, or otherwise cleaning or refining, marihuana;
(8)(9) A blender, bowl, container, spoon, or mixing device
for compounding a controlled substance;
(9)(10) A capsule, balloon, envelope, or container for
packaging small quantities of a controlled substance;
(10)(11) A container or device for storing or concealing a
controlled substance;
(11)(12) A hypodermic syringe, needle, or instrument for
parenterally injecting a controlled substance into the human
body;
(12)(13) An object, instrument, or device for ingesting,
inhaling, or otherwise introducing into the human body,
marihuana,
cocaine, hashish, or hashish oil, such as a
metal,
wooden,
acrylic, glass, stone, plastic, or ceramic pipe, with or
without a
screen, permanent screen, hashish head, or punctured
metal bowl;
water pipe; carburetion tube or device; smoking or
carburetion
mask; roach clip or similar object used to hold
burning material,
such as a marihuana cigarette, that has become
too small or too
short to be held in the hand; miniature cocaine
spoon, or cocaine
vial; chamber pipe; carburetor pipe; electric
pipe; air driver
pipe; chillum; bong; or ice pipe or chiller.
(B) In determining if
an object
any equipment, product, or
material is drug paraphernalia, a
court or law enforcement officer
shall consider, in addition to
other relevant factors, the
following:
(1) Any statement by the owner, or by anyone in control,
of
the
object
equipment, product, or material, concerning its use;
(2) The proximity in time or space of the
object
equipment,
product, or material, or of
the act relating to the
object
equipment, product, or material, to a violation of any provision
of this chapter;
(3) The proximity of the
object
equipment, product, or
material to any controlled substance;
(4) The existence of any residue of a controlled substance
on the
object
equipment, product, or material;
(5) Direct or circumstantial evidence of the intent of the
owner, or of
anyone in control, of the
object
equipment, product,
or material, to deliver it to any person whom the owner
or person
in control of the
object
equipment, product, or material knows
intends to use the object to
facilitate a violation of any
provision of this chapter. A finding that the
owner, or anyone in
control, of the
object
equipment, product, or material, is not
guilty of a
violation of any other provision of this chapter does
not
prevent a finding that the
object
equipment, product, or
material was intended or designed by the
offender for use as drug
paraphernalia.
(6) Any oral or written instruction provided with the
object
equipment, product, or material concerning its use;
(7) Any descriptive material accompanying the
object
equipment, product, or material and
explaining or depicting its
use;
(8) National or local advertising concerning the use of
the
object
equipment, product, or material;
(9) The manner and circumstances in which the
object
equipment, product, or material is
displayed for sale;
(10) Direct or circumstantial evidence of the ratio of the
sales of the
object
equipment, product, or material to the total
sales of the business
enterprise;
(11) The existence and scope of legitimate uses of the
object
equipment, product, or material in the community;
(12) Expert testimony concerning the use of the
object
equipment, product, or material.
(C)(1) No person shall knowingly use, or possess with
purpose to use, drug paraphernalia.
(2) No person shall knowingly sell, or possess or
manufacture with purpose to sell, drug paraphernalia, if the
person knows or
reasonably should know that the equipment,
product, or material will be used
as drug paraphernalia.
(3) No person shall place an advertisement in any
newspaper,
magazine, handbill, or other publication that is
published and
printed and circulates primarily within this state,
if the person
knows that the purpose of the advertisement is to
promote the
illegal sale in this state of the equipment, product, or material
that the offender intended or designed for use as drug
paraphernalia.
(D) This section does not apply to manufacturers,
licensed
health professionals authorized to prescribe
drugs, pharmacists,
owners of pharmacies, and other
persons whose conduct is in
accordance with Chapters 3719., 4715.,
4723., 4729., 4731., and
4741. of
the Revised Code. This section shall not be construed to
prohibit the possession or use of a hypodermic as authorized by
section 3719.172 of the Revised Code.
(E) Notwithstanding sections 2933.42 and 2933.43 of the
Revised Code, any drug paraphernalia that was used, possessed,
sold, or manufactured in a violation of this section shall be
seized, after a conviction for that violation shall be forfeited,
and upon forfeiture shall be disposed of pursuant to division
(D)(8) of section 2933.41 of the Revised Code.
(F)(1) Whoever violates division (C)(1) of this section is
guilty of illegal use or possession of drug paraphernalia, a
misdemeanor of the fourth degree.
(2) Except as provided in division (F)(3) of this section,
whoever violates division (C)(2) of this section is guilty of
dealing in drug paraphernalia, a misdemeanor of the second
degree.
(3) Whoever violates division (C)(2) of this section by
selling drug paraphernalia to a juvenile is guilty of selling
drug
paraphernalia to juveniles, a misdemeanor of the first
degree.
(4) Whoever violates division (C)(3) of this section is
guilty of illegal advertising of drug paraphernalia, a
misdemeanor
of the second degree.
(G) In addition to any other sanction imposed for a
violation of this section, the court shall suspend for not less
than six months or more than five years the driver's or
commercial
driver's license or permit of any person who is convicted of or
has pleaded guilty to a violation of this section. If the
offender is a professionally licensed person or a person who has
been admitted to the bar by order of the supreme court in
compliance with its prescribed and published rules, in addition
to
any other sanction imposed for a violation of this section, the
court
forthwith shall comply with section 2925.38 of the Revised
Code.
Sec. 2925.38. If a person who is convicted of or pleads
guilty to a violation of section 2925.02, 2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11,
2925.12, 2925.13, 2925.14,
2925.22, 2925.23, 2925.31, 2925.32,
2925.36, or 2925.37 of the
Revised Code is a professionally
licensed person, in addition to
any other
sanctions imposed for the violation, the court forthwith
shall transmit a
certified copy of the judgment entry of
conviction to the
regulatory or licensing board or agency that has
the
administrative authority to suspend or revoke the offender's
professional license. If a person who is convicted of or pleads
guilty to a violation of any section listed in
this section is a
person who has been admitted to the bar by
order of the supreme
court in
compliance with its prescribed and published rules, in
addition
to any other sanctions imposed for the violation, the
court forthwith shall
transmit a certified copy of the judgment
entry of conviction to the secretary
of the board of
commissioners
on grievances and discipline of the supreme court
and to either
the disciplinary counsel or the president,
secretary, and
chairman
chairperson of each certified grievance
committee.
Sec. 2925.51. (A) In any criminal prosecution for a
violation of this chapter or Chapter 3719. of the Revised Code, a
laboratory report from the bureau of criminal identification and
investigation, a laboratory operated by another law enforcement
agency, or a laboratory established by or under the authority of
an institution of higher education that has its main campus in
this state and that is accredited by the association of American
universities or the north central association of colleges and
secondary schools, primarily for the purpose of providing
scientific services to law enforcement agencies and signed by the
person performing the analysis, stating that the substance
which
that is the basis of the alleged offense has been weighed and
analyzed
and stating the findings as to the content, weight, and
identity
of the substance and that it contains any amount of a
controlled
substance and the number and description of unit
dosages, is
prima-facie evidence of the content, identity, and
weight or the
existence and number of unit dosages of the
substance.
In any criminal prosecution for a violation of this
chapter or Chapter 3719. of the Revised Code that is based on the
possession of chemicals sufficient to produce a compound, mixture,
preparation, or substance included in Schedule I, II, III, IV, or
V, a laboratory report from the bureau or from any laboratory that
is operated or established as described in this division that is
signed by the person performing the analysis, stating that the
substances that are the basis of the alleged offense have been
weighed and analyzed and stating the findings as to the content,
weight, and identity of each of the substances, is prima-facie
evidence of the content, identity, and weight of the substances.
Attached to that report shall be a copy of a notarized
statement by the signer of the report giving the name of the
signer and stating that
he
the signer is an employee of the
laboratory
issuing the report and that performing the analysis is
a part of
his
the signer's regular duties, and giving an outline
of
his
the signer's education,
training, and experience for
performing an analysis of materials
included under this section.
The signer shall attest that
scientifically accepted tests were
performed with due caution,
and that the evidence was handled in
accordance with established
and accepted procedures while in the
custody of the laboratory.
(B) The prosecuting attorney shall serve a copy of the
report on the attorney of record for the accused, or on the
accused if
he
the accused has no attorney, prior to any
proceeding
in which
the report is to be used against the accused other than
at a
preliminary hearing or grand jury proceeding where the report
may
be used without having been previously served upon the
accused.
(C) The report shall not be prima-facie evidence of the
contents, identity, and weight or the existence and number of
unit
dosages of the substance if the accused or
his
the
accused's
attorney
demands the testimony of the person signing the report,
by
serving the demand upon the prosecuting attorney within seven
days from the accused or
his
the accused's attorney's receipt of
the report.
The time may be extended by a trial judge in the
interests of
justice.
(D) Any report issued for use under this section shall
contain notice of the right of the accused to demand, and the
manner in which the accused shall demand, the testimony of the
person signing the report.
(E) Any person who is accused of a violation of this
chapter
or of Chapter 3719. of the Revised Code is entitled, upon
written
request made to the prosecuting attorney, to have a
portion of the
substance that is, or of each of the substances that are, the
basis
of the alleged
violation preserved for the benefit of
independent
analysis
performed by a laboratory analyst employed by
the accused
person,
or, if
he
the accused is indigent, by a
qualified
laboratory
analyst
appointed by the court. Such portion
shall be
a representative
sample of the entire substance that is,
or of
each of the substances that are, the basis of the alleged
violation and shall be of sufficient size, in the opinion of the
court, to permit the accused's analyst to make a thorough
scientific analysis concerning the identity of the substance
or
substances. The
prosecuting
attorney shall provide the accused's
analyst with
the sample portion at least fourteen days prior to
trial, unless
the trial is to be held in a court not of record or
unless the
accused person is charged with a minor misdemeanor, in
which case
the prosecuting attorney shall provide the accused's
analyst with
the sample portion at least three days prior to
trial. If the
prosecuting attorney determines that such a sample
portion cannot
be preserved and given to the accused's analyst,
the prosecuting
attorney shall so inform the accused person or his
attorney. In
such a circumstance, the accused person is entitled,
upon written
request made to the prosecuting attorney, to have
his
the
accused's privately
employed or court appointed analyst
present at an analysis of the
substance that is, or the substances
that are, the basis of the alleged violation, and, upon
further
written request, to receive copies of all recorded
scientific data
that result from the analysis and that can be
used by an analyst
in arriving at conclusions, findings, or
opinions concerning the
identity of the substance
or substances subject to the
analysis.
(F) In addition to the rights provided under division (E)
of
this section, any person who is accused of a violation of this
chapter or of Chapter 3719. of the Revised Code that involves a
bulk amount of a controlled substance, or any multiple thereof,
or
who is accused of a violation of section 2925.11 of the
Revised
Code, other than a minor misdemeanor violation, that
involves
marihuana, is entitled, upon written request made to the
prosecuting attorney, to have a laboratory analyst of
his
the
accused's choice,
or, if the accused is indigent, a qualified
laboratory analyst
appointed by the court present at a measurement
or weighing of
the substance that is the basis of the alleged
violation. Also,
the accused person is entitled, upon further
written request, to
receive copies of all recorded scientific data
that result from
the measurement or weighing and that can be used
by an analyst in
arriving at conclusions, findings, or opinions
concerning the
weight, volume, or number of unit doses of the
substance subject
to the measurement or weighing.
Sec. 2925.52. (A) If a person is charged with any violation
of this chapter or Chapter 3719. of the Revised Code that is based
on the possession of chemicals sufficient to produce
methamphetamine, any salt, isomer, or salt of an isomer of
methamphetamine, or any compound, mixture, preparation, or
substance containing methamphetamine or any salt, isomer, or salt
of an isomer of methamphetamine, the law enforcement agency that
has custody of the chemicals may file a motion with the court in
which the charges are pending requesting the court to order the
chemicals destroyed in accordance with this division. If a law
enforcement agency files a motion of that type with a court, the
court may issue an order that requires the containers in which the
chemicals are contained be photographed, orders the chemicals
forfeited, and requires that the chemicals be destroyed.
(B) If the court issues an order under division (A) of this
section, the court may include in the order a requirement that the
chemicals be sampled prior to their destruction and that the
samples be preserved.
Sec. 2933.43. (A)(1) Except as provided in this division or
in section
2913.34 or sections 2923.44 to 2923.47 or
2925.41 to
2925.45 of the Revised Code,
a law enforcement officer shall seize
any contraband that has been, is
being, or is intended to be used
in violation of division (A) of
section 2933.42 of the Revised
Code. A law enforcement officer
shall seize contraband that is a
watercraft, motor vehicle, or
aircraft and that has been, is
being, or is intended to be used
in violation of division (A) of
section 2933.42 of the Revised
Code only if the watercraft, motor
vehicle, or aircraft is
contraband because of its relationship to
an underlying criminal
offense that is a felony.
Additionally, a law enforcement officer shall seize any
watercraft, motor vehicle, aircraft, or other personal property
that is classified as contraband under division (B) of section
2933.42 of the Revised Code if the underlying offense involved in
the violation of division (A) of that section that resulted in
the
watercraft, motor vehicle, aircraft, or personal property
being
classified as contraband, is a felony.
(2) If a law enforcement officer seizes property that is
titled or registered under law, including a motor vehicle,
pursuant to division (A)(1) of this section, the officer or the
officer's
employing law enforcement agency shall notify the owner
of the
seizure. The notification shall be given to the owner at
the owner's last
known address within seventy-two hours after the
seizure,
and may be given orally by any means, including
telephone, or by
certified mail, return receipt requested.
If the officer or the officer's agency is unable to provide
the
notice required by this division despite reasonable, good
faith
efforts to do so, the exercise of the reasonable, good faith
efforts constitutes fulfillment of the notice requirement imposed
by this division.
(B)(1) A motor vehicle seized pursuant to division (A)(1)
of
this section and the contents of the vehicle may be retained
for a
reasonable period of time, not to exceed seventy-two hours,
for
the purpose of inspection, investigation, and the gathering
of
evidence of any offense or illegal use.
At any time prior to the expiration of the seventy-two-hour
period, the law enforcement agency that seized the motor vehicle
may petition the court of common pleas of the county that has
jurisdiction over the underlying criminal case or administrative
proceeding involved in the forfeiture for an extension of the
seventy-two-hour period if the motor vehicle or its contents are
needed as evidence or if additional time is needed for the
inspection, investigation, or gathering of evidence. Upon the
filing of such a petition, the court immediately shall schedule a
hearing to be held at a time as soon as possible after the
filing,
but in no event at a time later than the end of the next
business
day subsequent to the day on which the petition was
filed, and
upon scheduling the hearing, immediately shall notify
the owner of
the vehicle, at the address at which notification of
the seizure
was provided under division (A) of this section, of
the date,
time, and place of the hearing. If the court, at the
hearing,
determines that the vehicle or its contents, or both,
are needed
as evidence or that additional time is needed for the
inspection,
investigation, or gathering of evidence, the court
may grant the
petition and issue an order authorizing the
retention of the
vehicle or its contents, or both, for an
extended period as
specified by the court in its order. An order
extending a period
of retention issued under this division may be
renewed.
If no petition for the extension of the initial
seventy-two-hour period has been filed, prior to the expiration
of
that period, under this division, if the vehicle was not in
the
custody and control of the owner at the time of its seizure,
and
if, at the end of that seventy-two-hour period, the owner of
the
vehicle has not been charged with an offense or
administrative
violation that includes the use of the vehicle as
an element and
has not been charged with any other offense or
administrative
violation in the actual commission of which the
motor vehicle was
used, the vehicle and its contents shall be
released to its owner
or the owner's agent, provided that the law
enforcement agency
that seized the vehicle may require proof of
ownership of the
vehicle, proof of ownership or legal possession
of the contents,
and an affidavit of the owner that the owner neither
knew of nor
expressly or impliedly consented to the use of the
vehicle that
resulted in its forfeiture as conditions precedent
to release. If
a petition for the extension of the initial
seventy-two-hour
period has been filed, prior to the expiration
of that period,
under this division but the court does not grant
the petition, if
the vehicle was not in the custody and control
of the owner at the
time of its seizure, and if, at the end of
that seventy-two-hour
period, the owner of the vehicle has not
been charged with an
offense or administrative violation that
includes the use of the
vehicle as an element and has not been
charged with any other
offense or administrative violation in the
actual commission of
which the motor vehicle was used, the
vehicle and its contents
shall be released to its owner or the owner's agent,
provided that
the court may require the proof and
affidavit described in the
preceding sentence as conditions
precedent to release. If the
initial seventy-two-hour period has
been extended under this
division, the vehicle and its contents
to which the extension
applies may be retained in accordance with
the extension order.
If, at the end of that extended period, the
owner of the vehicle
has not been charged with an offense or
administrative violation
that includes the use of the vehicle as
an element and has not
been charged with any other offense or
administrative violation in
the actual commission of which the
motor vehicle was used, and if
the vehicle was not in the custody
and control of the owner at the
time of its seizure, the vehicle
and its contents shall be
released to its owner or the owner's agent,
provided that the
court may require the proof and affidavit
described in the third
preceding sentence as conditions precedent
to release. In cases
in which the court may require proof and
affidavits as conditions
precedent to release, the court also may
require the posting of a
bond, with sufficient sureties approved
by the court, in an amount
equal to the value of the property to
be released, as determined
by the court, and conditioned upon the
return of the property to
the court if it is forfeited under this
section, as a further
condition to release. If, at the end of
the initial
seventy-two-hour period or at the end of any extended
period
granted under this section, the owner has been charged
with an
offense or administrative violation that includes the use
of the
vehicle as an element or has been charged with another
offense or
administrative violation in the actual commission of
which the
motor vehicle was used, or if the vehicle was in the
custody and
control of the owner at the time of its seizure, the
vehicle and
its contents shall be retained pending disposition of
the charge,
provided that upon the filing of a motion for release
by the
owner, if the court determines that the motor vehicle or
its
contents, or both, are not needed as evidence in the
underlying
criminal case or administrative proceeding, the court
may permit
the release of the property that is not needed as
evidence to the
owner; as a condition precedent to a release of that nature,
the
court may require the owner to execute a bond with
the court. Any
bond so required shall be in an amount equal to
the value of the
property to be released, as determined by the
court, shall have
sufficient sureties approved by the court, and
shall be
conditioned upon the return of the property to the court
to which
it is forfeited under this section.
The final disposition of a motor vehicle seized pursuant to
division (A)(1) of this section shall be determined in accordance
with division (C) of this section.
(2) Pending a hearing pursuant to division (C) of this
section, and subject to divisions (B)(1) and (C) of this section,
any property lawfully seized pursuant to division (A) of this
section because it was contraband of a type described in division
(A)(13)(b), (d), (e),
(f), (g), (h), (i), or (j) of section
2901.01 of the Revised Code shall not be subject to replevin or
other action in any court and shall not be subject to release
upon
request of the owner, and no judgment shall be enforced
against
the property. Pending the hearing, and subject to
divisions
(B)(1) and (C) of this section, the property shall be
kept in the
custody of the law enforcement agency responsible for
its seizure.
Pending a hearing pursuant to division (C) of this section,
and notwithstanding any provisions of division (B)(1) or (C) of
this section to the contrary, any property lawfully seized
pursuant to division (A) of this section because it was
contraband
of a type described in division (A)(13)(a) or
(c) of section
2901.01 of the Revised Code shall not be
subject to replevin or
other action in any court and shall not be subject
to release upon
request of the owner, and no judgment shall be
enforced against
the property. Pending the hearing, and
notwithstanding any
provisions of division (B)(1) or (C) of this
section to the
contrary, the property shall be kept in the
custody of the law
enforcement agency responsible for its
seizure.
A law enforcement agency that seizes property under
division
(A) of this section because it was contraband of any
type
described in division (A)(13) of section 2901.01 or
division (B)
of section 2933.42 of the Revised Code shall maintain an accurate
record of each item of property so seized, which record shall
include the date on which each item was seized, the manner and
date of its disposition, and if applicable, the name of the
person
who received the item; however, the record shall not
identify or
enable the identification of the individual officer
who seized the
item. The record of property of that nature that no
longer is
needed as evidence shall be open to public inspection
during the
agency's regular business hours. Each law enforcement
agency
that, during any calendar year, seizes property under
division (A)
of this section because it was contraband shall
prepare a report
covering the calendar year that cumulates all of
the information
contained in all of the records kept by the
agency pursuant to
this division for that calendar year, and
shall send a copy of the
cumulative report, no later than the
first day of March in the
calendar year following the calendar
year covered by the report,
to the attorney general. Each report
received by the attorney
general is a public record open for
inspection under section
149.43 of the Revised Code. Not later than the
fifteenth day of
April in the calendar year
in which the reports are received, the
attorney
general shall send to the
president of the senate and the
speaker of the house of
representatives a written notification
that does all of the
following:
(a) Indicates that the attorney general has received from
law enforcement agencies reports
of the type described in this
division that cover the previous
calendar year and indicates that
the reports were received under this
division;
(b) Indicates that the reports
are open for inspection under
section 149.43 of the
Revised Code;
(c) Indicates that the attorney general
will provide a copy
of any or all of the reports to the
president of the senate or the
speaker of the house of
representatives upon request.
(C) The prosecuting attorney, village solicitor, city
director of law, or similar chief legal officer who has
responsibility for the prosecution of the underlying criminal
case
or administrative proceeding, or the attorney general if the
attorney general has that responsibility, shall file a petition
for the forfeiture, to the seizing law enforcement agency of the
contraband seized pursuant to division (A) of this section. The
petition shall be filed in the court that has jurisdiction over
the underlying criminal case or administrative proceeding
involved
in the forfeiture. If the property was seized on the
basis of
both a criminal violation and an administrative
regulation
violation, the petition shall be filed by the officer
and in the
court that is appropriate in relation to the criminal
case.
The petitioner shall conduct or cause to be conducted a
search of the appropriate public records that relate to the
seized
property for the purpose of determining, and shall make or
cause
to be made reasonably diligent inquiries for the purpose of
determining, any person having an ownership or security interest
in the property. The petitioner then shall give notice of the
forfeiture proceedings by personal service or by certified mail,
return receipt requested, to any persons known, because of the
conduct of the search, the making of the inquiries, or otherwise,
to have an ownership or security interest in the property, and
shall publish notice of the proceedings once each week for two
consecutive weeks in a newspaper of general circulation in the
county in which the seizure occurred. The notices shall be
personally served, mailed, and first published at least four
weeks
before the hearing. They shall describe the property
seized;
state the date and place of seizure; name the law
enforcement
agency that seized the property and, if applicable,
that is
holding the property; list the time, date, and place of
the
hearing; and state that any person having an ownership or
security
interest in the property may contest the forfeiture.
If the property seized was determined by the seizing law
enforcement officer to be contraband because of its relationship
to an underlying criminal offense or administrative violation, no
forfeiture hearing shall be held under this section unless the
person pleads guilty to or is convicted of the commission of, or
an attempt or conspiracy to commit, the offense or a different
offense arising out of the same facts and circumstances or unless
the person admits or is adjudicated to have committed the
administrative violation or a different violation arising out of
the same facts and circumstances; a forfeiture hearing shall be
held in a case of that nature no later than forty-five days after
the
conviction or the admission or adjudication of the violation,
unless the time for the hearing is extended by the court for good
cause shown. The owner of any property seized because of its
relationship to an underlying criminal offense or administrative
violation may request the court to release the property to the
owner. Upon
receipt of a request of that nature, if the court
determines that the
property is not needed as evidence in the
underlying criminal
case or administrative proceeding, the court
may permit the
release of the property to the owner. As a
condition precedent
to a release of that nature, the court may
require the owner to execute a
bond with the court. Any bond so
required shall have sufficient
sureties approved by the court,
shall be in a sum equal to the
value of the property, as
determined by the court, and shall be
conditioned upon the return
of the property to the court if the
property is forfeited under
this section. Any property seized
because of its relationship to
an underlying criminal offense or
administrative violation shall
be returned to its owner if
charges are not filed in relation to
that underlying offense or
violation within thirty days after the
seizure, if charges of that nature are
filed and subsequently are
dismissed, or if charges of that nature are filed
and the person
charged does not plead guilty to and is not convicted of the
offense or does not admit and is not found to have committed the
violation.
If the property seized was determined by the seizing law
enforcement officer to be contraband other than because of a
relationship to an underlying criminal offense or administrative
violation, the forfeiture hearing under this section shall be
held
no later than forty-five days after the seizure, unless the
time
for the hearing is extended by the court for good cause
shown.
Where possible, a court holding a forfeiture hearing under
this section shall follow the Rules of Civil Procedure. When a
hearing is conducted under this section, property shall be
forfeited upon a showing, by a preponderance of the evidence, by
the petitioner that the person from which the property was seized
was in violation of division (A) of section 2933.42 of the
Revised
Code. If that showing is made, the court shall issue an
order of
forfeiture. If an order of forfeiture is issued in
relation to
contraband that was released to the owner or the owner's agent
pursuant to this division or division (B)(1) of this
section, the
order shall require the owner to deliver the
property, by a
specified date, to the law enforcement agency that
employed the
law enforcement officer who made the seizure of the
property, and
the court shall deliver a copy of the order to the
owner or send a
copy of it by certified mail, return receipt
requested, to the
owner at the address to which notice of the
seizure was given
under division (A)(2) of this section. Except
as otherwise
provided in this division, all rights, interest, and
title to the
forfeited contraband vests in the state, effective
from the date
of seizure.
No property shall be forfeited pursuant to this division if
the owner of the property establishes, by a preponderance of the
evidence, that the owner neither knew, nor should have known after
a
reasonable inquiry, that the property was used, or was likely to
be used, in a crime or administrative violation. No bona fide
security interest shall be forfeited pursuant to this division if
the holder of the interest establishes, by a preponderance of the
evidence, that the holder of the interest neither knew, nor should
have known
after a
reasonable inquiry, that the property was used,
or likely to be
used, in a crime or administrative violation, that
the holder of the interest
did not
expressly or impliedly consent
to the use of the property in a
crime or administrative violation,
and that the security interest
was perfected pursuant to law prior
to the seizure. If the
holder of the interest satisfies the court
that these
requirements are met, the interest shall be preserved
by the
court. In a case of that nature, the court shall either
order that the
agency to which the property is forfeited reimburse
the holder of the interest
to the extent of the preserved interest
or order that the
holder be paid for the interest from the
proceeds of any
sale pursuant to division (D) of this section.
(D)(1) Contraband ordered forfeited pursuant to this
section
shall be disposed of pursuant to divisions (D)(1) to (7)
of
section 2933.41 of the Revised Code or, if the contraband is
not
described in those divisions, may be used, with the approval
of
the court, by the law enforcement agency that has custody of
the
contraband pursuant to division (D)(8) of that section. In
the
case of contraband not described in any of those divisions
and of
contraband not disposed of pursuant to any of those
divisions, the
contraband shall be sold in accordance with this
division or, in
the case of forfeited moneys, disposed of in
accordance with this
division. If the contraband is to be sold,
the prosecuting
attorney shall cause a notice of the proposed
sale of the
contraband to be given in accordance with law, and
the property
shall be sold, without appraisal, at a public
auction to the
highest bidder for cash. The proceeds of a sale
and forfeited
moneys shall be applied in the following order:
(a) First, to the payment of the costs incurred in
connection with the seizure of, storage of, maintenance of, and
provision of security for the contraband, the forfeiture
proceeding, and, if any, the sale;
(b) Second, the remaining proceeds or forfeited moneys
after
compliance with division (D)(1)(a) of this section, to the
payment
of the balance due on any security interest preserved
pursuant to
division (C) of this section;
(c) Third, the remaining proceeds or forfeited moneys
after
compliance with divisions (D)(1)(a) and (b) of this
section, as
follows:
(i) If the forfeiture was ordered in a juvenile court, ten
per
cent to one or more alcohol and drug addiction treatment
programs that are
certified by the department of alcohol and drug
addiction services under
section 3793.06 of the Revised Code and
that are specified in the order of
forfeiture. A
juvenile court
shall not certify an alcohol or drug addiction treatment
program
in the order of forfeiture unless the program is a certified
alcohol
and drug addiction treatment program and, except as
provided in division
(D)(1)(c)(i) of this section, unless the
program
is located in the county in which the court that orders
the forfeiture is
located or in a contiguous county. If no
certified alcohol and drug addiction
treatment program is located
in any of those counties, the juvenile court may
specify in the
order a certified alcohol and drug addiction treatment program
located anywhere within this state.
(ii) If the forfeiture was ordered in a juvenile court,
ninety
per cent, and if the forfeiture was ordered in a court
other than a juvenile
court, one hundred per cent to the law
enforcement trust fund of the
prosecuting
attorney and to the law
enforcement trust fund of the county
sheriff if the county sheriff
made the seizure, to the law
enforcement trust fund of a municipal
corporation if its police
department made the seizure, to the law
enforcement trust fund of
a township if the seizure was made by a
township police
department, township police district police force,
or office of a
township constable, to the law enforcement trust
fund of a park
district created pursuant to section 511.18 or
1545.01 of the
Revised Code if the seizure was made by the park
district police
force or law enforcement department, to the state
highway patrol
contraband, forfeiture, and other fund if the state
highway
patrol made the seizure, to the department of
public
safety investigative unit contraband, forfeiture, and
other fund
if the investigative unit of the
department of public
safety made
the
seizure, to
the
board of pharmacy drug law enforcement fund
created by division (B)(1) of section 4729.65 of the Revised Code
if the board made the seizure, or to the treasurer of state for
deposit into the peace officer training commission fund
if a state
law enforcement agency, other than the state highway patrol, the
investigative unit of the department of public safety, or the
state
board of pharmacy,
made the seizure. The prosecuting
attorney may decline to accept
any of the remaining proceeds or
forfeited moneys, and, if the prosecuting
attorney so
declines,
the remaining proceeds or forfeited moneys shall be
applied to the
fund described in this division that relates to
the law
enforcement agency that made the seizure.
A law enforcement trust fund shall be established by the
prosecuting attorney of each county who intends to receive any
remaining proceeds or forfeited moneys pursuant to this division,
by the sheriff of each county, by the legislative authority of
each municipal corporation, by the board of township trustees of
each township that has a township police department, township
police district police force, or office of the constable, and by
the board of park commissioners of each park district created
pursuant to section 511.18 or 1545.01 of the Revised Code that
has
a park district police force or law enforcement department,
for
the purposes of this division. There is hereby created in
the
state treasury the state highway patrol contraband,
forfeiture,
and other fund, the department of
public safety investigative unit
contraband, forfeiture, and
other fund, and
the
peace officer
training commission fund, for the purposes
described in this
division.
Proceeds or forfeited moneys distributed to any municipal
corporation, township, or park district law enforcement trust
fund
shall be allocated from the fund by the legislative
authority only
to the police department of the municipal
corporation, by the
board of township trustees only to the
township police department,
township police district police
force, or office of the constable,
and by the board of park
commissioners only to the park district
police force or law
enforcement department.
Additionally, no proceeds or forfeited moneys shall be
allocated to or used by the state highway patrol, the department
of public safety, the state board of pharmacy, or a county
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department unless the state highway
patrol, department of public safety, state board of pharmacy,
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department has adopted a written
internal
control policy under division (D)(3) of this section
that
addresses the use of moneys received from the state highway
patrol
contraband, forfeiture, and other fund, the
department of public
safety investigative unit
contraband, forfeiture, and other fund,
the board of pharmacy drug law
enforcement fund, or the
appropriate law enforcement trust fund.
The
The state
highway patrol contraband, forfeiture, and other
fund,
the department of public safety investigative
unit
contraband, forfeiture, and other fund, and a law
enforcement
trust fund shall be expended only in accordance with
the written
internal control policy so adopted by the recipient,
and, subject
to the requirements specified in division
(D)(3)(a)(ii) of this
section, only to pay the costs of
protracted or complex
investigations or prosecutions, to provide
reasonable technical
training or expertise, to provide matching
funds to obtain federal
grants to aid law enforcement, in the
support of DARE programs or
other programs designed to educate
adults or children with respect
to the dangers associated with
the use of drugs of abuse,
to pay
the costs of emergency action taken under section 3745.13 of the
Revised Code relative to the operation of an illegal
methamphetamine laboratory if the forfeited property or money
involved was that of a person responsible for the operation of the
laboratory, or for other law enforcement
purposes that the
superintendent of the state highway patrol,
department of public
safety, prosecuting attorney, county
sheriff, legislative
authority, board of township trustees, or
board of park
commissioners determines to be appropriate. The
board of pharmacy
drug law enforcement fund shall be expended
only in accordance
with the written internal control policy so
adopted by the board
and only in accordance with section 4729.65
of the Revised Code,
except that it also may be expended to pay the costs of emergency
action taken under section 3745.13 of the Revised Code relative to
the operation of an illegal methamphetamine laboratory if the
forfeited property or money involved was that of a person
responsible for the operation of the laboratory. The state
highway patrol contraband,
forfeiture, and other fund, the
department of
public safety investigative unit contraband,
forfeiture, and
other fund, the
board
of pharmacy drug law
enforcement
fund, and a law enforcement trust fund shall not be
used to meet
the operating costs of the state highway patrol, of
the
investigative
unit of the department of
public safety, of the
state board of pharmacy, of
any political subdivision, or of any
office of a prosecuting
attorney or county sheriff that are
unrelated to law enforcement.
Proceeds and forfeited moneys that are paid into the state
treasury to be deposited into the peace officer training
commission fund shall be used by the commission
only to pay the
costs of peace
officer training.
Any sheriff or prosecuting attorney who receives proceeds
or
forfeited moneys pursuant to this division during any calendar
year shall file a report with the county auditor, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. Any municipal corporation police
department that is allocated proceeds or forfeited moneys from a
municipal corporation law enforcement trust fund pursuant to this
division during any calendar year shall file a report with the
legislative authority of the municipal corporation, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. Any township police department,
township police district police force, or office of the constable
that is allocated proceeds or forfeited moneys from a township
law
enforcement trust fund pursuant to this division during any
calendar year shall file a report with the board of township
trustees of the township, no later than the thirty-first day of
January of the next calendar year, verifying that the proceeds
and
forfeited moneys were expended only for the purposes
authorized by
this division and division (D)(3)(a)(ii) of this
section and
specifying the amounts expended for each authorized
purpose. Any
park district police force or law enforcement
department that is
allocated proceeds or forfeited moneys from a
park district law
enforcement trust fund pursuant to this
division during any
calendar year shall file a report with the
board of park
commissioners of the park district, no later than
the thirty-first
day of January of the next calendar year,
verifying that the
proceeds and forfeited moneys were expended
only for the purposes
authorized by this division and division
(D)(3)(a)(ii) of this
section and specifying the amounts expended
for each authorized
purpose. The superintendent of the state
highway patrol shall
file a report with the attorney general, no
later than the
thirty-first day of January of each calendar year,
verifying that
proceeds and forfeited moneys paid into the state
highway patrol
contraband, forfeiture, and other fund pursuant to
this division
during the prior calendar year were used by the
state highway
patrol during the prior calendar year only for the
purposes
authorized by this division and specifying the amounts
expended
for each authorized purpose. The executive director of
the state
board of pharmacy shall file a report with the attorney
general,
no later than the thirty-first day of January of each
calendar
year, verifying that proceeds and forfeited moneys paid
into the
board of pharmacy drug law enforcement fund during the
prior
calendar year were used only in accordance with section
4729.65 of
the Revised Code and specifying the amounts expended
for each
authorized purpose. The peace officer training
commission shall
file a report with the attorney general, no later than
the
thirty-first day of January of each calendar year, verifying that
proceeds and forfeited moneys paid into the peace officer
training
commission fund pursuant to this division
during the prior
calendar year were used by the commission during the
prior
calendar
year only to pay the costs of peace officer training and
specifying the amount used for that purpose.
(2) If more than one law enforcement agency is
substantially
involved in the seizure of contraband that is
forfeited pursuant
to this section, the court ordering the
forfeiture shall equitably
divide the proceeds or forfeited
moneys, after calculating any
distribution to the law enforcement
trust fund of the prosecuting
attorney pursuant to division
(D)(1)(c) of this section, among any
county sheriff whose office
is determined by the court to be
substantially involved in the
seizure, any legislative authority
of a municipal corporation
whose police department is determined
by the court to be
substantially involved in the seizure, any
board of township
trustees whose law enforcement agency is
determined by the court
to be substantially involved in the
seizure, any board of park
commissioners of a park district whose
police force or law
enforcement department is determined by the
court to be
substantially involved in the seizure, the state board
of
pharmacy if it is determined by the court to be substantially
involved in the seizure, the investigative unit of the department
of
public safety
if it
is determined by the court to be
substantially involved in the
seizure, and the state highway
patrol if it is determined by the
court to be substantially
involved in the seizure. The proceeds
or forfeited moneys shall
be deposited in the respective law
enforcement trust funds of the
county sheriff, municipal
corporation, township, and park
district, the board of pharmacy
drug law enforcement fund, the
department of public safety investigative
unit
contraband,
forfeiture, and other fund, or the state highway
patrol
contraband,
forfeiture, and other fund, in accordance with
division (D)(1)(c)
of this section. If a state law enforcement
agency, other than
the state highway patrol, the investigative
unit of the department of
public safety,
or the state board of
pharmacy, is determined by the court to be
substantially involved
in the seizure, the state agency's
equitable share of the proceeds
and forfeited moneys shall be
paid to the treasurer of state for
deposit into the peace officer
training commission fund.
(3)(a)(i) Prior to being allocated or using any proceeds
or
forfeited moneys out of the state highway patrol contraband,
forfeiture, and other fund, the department of
public safety
investigative unit contraband, forfeiture, and
other fund, the
board of
pharmacy drug law enforcement
fund, or a law enforcement
trust fund under division (D)(1)(c) of
this section, the state
highway patrol, the department of public safety, the
state board
of pharmacy, and a county sheriff,
prosecuting attorney, municipal
corporation police department,
township police department,
township police district police
force, office of the constable, or
park district police force or
law enforcement department shall
adopt a written internal control
policy that addresses the state
highway patrol's, department of
public safety's, state board of
pharmacy's, sheriff's,
prosecuting attorney's, police
department's, police force's,
office of the constable's, or law
enforcement department's use
and disposition of all the proceeds
and forfeited moneys received
and that provides for the keeping of
detailed financial records
of the receipts of the proceeds and
forfeited moneys, the general
types of expenditures made out of
the proceeds and forfeited
moneys, the specific amount of each
general type of expenditure,
and the amounts, portions, and
programs described in division
(D)(3)(a)(ii) of this section. The
policy shall not provide for
or permit the identification of any
specific expenditure that is
made in an ongoing investigation.
All financial records of the receipts of the proceeds and
forfeited moneys, the general types of expenditures made out of
the proceeds and forfeited moneys, the specific amount of each
general type of expenditure by the state highway patrol, by the
department of public safety, by the state board of pharmacy, and
by a sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department, and the amounts, portions,
and programs described in division (D)(3)(a)(ii) of this section
are public records open for inspection under section 149.43 of
the
Revised Code. Additionally, a written internal control
policy
adopted under this division is a public record of that nature, and
the state highway patrol, the department of public safety, the
state board of pharmacy, or the sheriff, prosecuting attorney,
municipal corporation police department, township police
department, township police district police force, office of the
constable, or park district police force or law enforcement
department that adopted it shall comply with it.
(ii) The written internal control policy of a county
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department shall provide that at least
ten per cent of the first one hundred thousand dollars of
proceeds
and forfeited moneys deposited during each calendar year
in the
sheriff's, prosecuting attorney's, municipal
corporation's,
township's, or park district's law enforcement
trust fund pursuant
to division (B)(7)(c)(ii) of section 2923.46
or division
(B)(8)(c)(ii) of section 2925.44 of
the Revised Code, and at least
twenty per cent of the proceeds
and forfeited moneys exceeding one
hundred thousand dollars that
are so deposited, shall be used in
connection with community
preventive education programs. The
manner in which the described
percentages are so used shall be
determined by the sheriff,
prosecuting attorney, department,
police force, or office of the
constable after the receipt and
consideration of advice on
appropriate community preventive
education programs from the
county's board of alcohol, drug
addiction, and mental health
services, from the county's alcohol
and drug addiction services
board, or through appropriate
community dialogue. The financial
records described in division
(D)(3)(a)(i) of this section shall
specify the amount of the
proceeds and forfeited moneys deposited
during each calendar year
in the sheriff's, prosecuting
attorney's, municipal corporation's,
township's, or park
district's law enforcement trust fund pursuant
to division
(B)(7)(c)(ii) of section 2923.46 or division
(B)(8)(c)(ii) of
section 2925.44 of the Revised Code, the portion
of
that amount that was used pursuant to the requirements of this
division, and the community preventive education programs in
connection with which the portion of that amount was so used.
As used in this division, "community preventive education
programs" includes, but is not limited to, DARE programs and
other
programs designed to educate adults or children with
respect to
the dangers associated with the use of drugs of abuse.
(b) Each sheriff, prosecuting attorney, municipal
corporation police department, township police department,
township police district police force, office of the constable,
or
park district police force or law enforcement department that
receives in any calendar year any proceeds or forfeited moneys
out
of a law enforcement trust fund under division (D)(1)(c) of
this
section or uses any proceeds or forfeited moneys in its law
enforcement trust fund in any calendar year shall prepare a
report
covering the calendar year that cumulates all of the
information
contained in all of the public financial records kept
by the
sheriff, prosecuting attorney, municipal corporation
police
department, township police department, township police
district
police force, office of the constable, or park district
police
force or law enforcement department pursuant to division
(D)(3)(a)
of this section for that calendar year, and shall send
a copy of
the cumulative report, no later than the first day of
March in the
calendar year following the calendar year covered by
the report,
to the attorney general.
The superintendent of the state highway patrol shall
prepare
a report covering each calendar year in which the state
highway
patrol uses any proceeds or forfeited moneys in the state
highway
patrol contraband, forfeiture, and other fund under
division
(D)(1)(c) of this section, that cumulates all of the
information
contained in all of the public financial records kept
by the state
highway patrol pursuant to division (D)(3)(a) of
this section for
that calendar year, and shall send a copy of the
cumulative
report, no later than the first day of March in the
calendar year
following the calendar year covered by the report,
to the attorney
general.
The department of public safety shall prepare a report
covering each fiscal year in which the department uses any
proceeds or forfeited moneys in the department of public safety
investigative unit contraband, forfeiture, and other fund under
division (D)(1)(c) of this section that
cumulates all of the
information contained in all of the public
financial records kept
by the department pursuant to division
(D)(3)(a) of this section
for that fiscal year. The department
shall send a copy of the
cumulative report to the attorney
general no later than the first
day of August in the fiscal year
following the fiscal year covered
by the report. The director of
public safety shall include in the
report a verification that
proceeds and forfeited moneys paid into
the department of
public safety investigative unit contraband,
forfeiture, and other fund under division (D)(1)(c) of this
section during the
preceding
fiscal year were used by the
department during that fiscal year only for
the purposes
authorized by that division and shall specify the
amount used for
each authorized purpose.
The executive director of the state board of pharmacy shall
prepare a report covering each calendar year in which the board
uses any proceeds or forfeited moneys in the board of pharmacy
drug law enforcement fund under division (D)(1)(c) of this
section, that cumulates all of the information contained in all
of
the public financial records kept by the board pursuant to
division (D)(3)(a) of this section for that calendar year, and
shall send a copy of the cumulative report, no later than the
first day of March in the calendar year following the calendar
year covered by the report, to the attorney general. Each report
received by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code. Not later
than the
fifteenth day of April in the calendar year in
which the
reports are received, the attorney
general shall send to the
president of the senate and the speaker of the house of
representatives a written notification that does all of the
following:
(i) Indicates that the attorney general has received from
entities or persons specified in this division reports
of the type
described in this division that cover the previous
calendar year
and indicates that the reports were received under this
division;
(ii) Indicates that the reports
are open for inspection
under section 149.43 of the
Revised Code;
(iii) Indicates that the attorney general
will provide a
copy of any or all of the reports to the
president of the senate
or the speaker of the house of
representatives upon request.
(4)(a) A law enforcement agency that receives pursuant to
federal law proceeds from a sale of forfeited contraband, proceeds
from
another disposition of forfeited contraband, or
forfeited
contraband moneys shall deposit, use, and account for
the proceeds
or forfeited moneys in accordance with, and
otherwise comply with,
the applicable federal law.
(b) If the state highway patrol receives pursuant to federal
law proceeds
from a sale of forfeited contraband, proceeds from
another disposition of
forfeited contraband, or forfeited
contraband moneys, the appropriate
governmental officials shall
deposit into the state highway patrol contraband,
forfeiture, and
other fund all interest or other earnings derived from the
investment of the proceeds or forfeited moneys. The state highway
patrol
shall use and account for that interest or other earnings
in accordance with
the applicable federal law.
(c) If the investigative unit of the
department of public
safety receives pursuant to federal law proceeds from a
sale of
forfeited contraband, proceeds from another disposition of
forfeited contraband, or forfeited contraband moneys, the
appropriate governmental officials shall deposit into the
department of
public safety investigative unit
contraband,
forfeiture, and other fund all interest
or other earnings derived
from the investment of the proceeds or
forfeited moneys. The
department shall use and account for that
interest or other
earnings in accordance with the applicable
federal law.
(d) Divisions (D)(1) to (3) of this section do not apply to
proceeds
or
forfeited moneys received pursuant to federal law or
to the interest or other
earnings that are derived from the
investment of proceeds or forfeited moneys
received pursuant to
federal law and that are described in division (D)(4)(b)
of this
section.
(E) Upon the sale pursuant to this section of any property
that is required to be titled or registered under law, the state
shall issue an appropriate certificate of title or registration
to
the purchaser. If the state is vested with title pursuant to
division (C) of this section and elects to retain property that
is
required to be titled or registered under law, the state shall
issue an appropriate certificate of title or registration.
(F) Notwithstanding any provisions of this section to the
contrary, any property that is lawfully seized in relation to a
violation of section 2923.32 of the Revised Code shall be subject
to forfeiture and disposition in accordance with sections 2923.32
to 2923.36
of the Revised Code; any property that is forfeited
pursuant
to section 2923.44 or 2923.45 of the Revised Code in
relation to a violation of section
2923.42 of the Revised Code or
in relation to an act of a juvenile that is a violation of
section
2923.42 of the Revised Code may be subject to forfeiture and
disposition in
accordance with sections 2923.44 to 2923.47 of the
Revised Code;
and any
property that is forfeited pursuant to
section 2925.42 or 2925.43
of the Revised Code in relation to a
felony drug abuse offense,
as defined in section 2925.01 of the
Revised Code, or in relation
to an act that, if committed by an
adult, would be a felony
drug abuse offense of that nature, may be
subject to forfeiture and
disposition in accordance with sections
2925.41 to 2925.45 of the Revised Code
or this section.
(G) Any failure of a law enforcement officer or agency, a
prosecuting attorney, village solicitor, city director of law, or
similar chief legal officer, a court, or the attorney general to
comply with any duty imposed by this section in relation to any
property seized or with any other provision of this section in
relation to any property seized does not affect the validity of
the seizure of the property, provided the seizure itself was made
in accordance with law, and is not and shall not be considered to
be the basis for the suppression of any evidence resulting from
the seizure of the property, provided the seizure itself was made
in accordance with law.
(H) Contraband that has been forfeited pursuant to
division
(C) of this section shall not be available for use to
pay any fine
imposed upon a person who is convicted of or pleads
guilty to an
underlying criminal offense or a different offense
arising out of
the same facts and circumstances.
Sec. 3734.01. As used in this chapter:
(A) "Board of health" means the board of health of a city
or
general health district or the authority having the duties of
a
board of health in any city as authorized by section 3709.05 of
the Revised Code.
(B) "Director" means the director of environmental
protection.
(C) "Health district" means a city or general health
district as created by or under authority of Chapter 3709. of the
Revised Code.
(D) "Agency" means the environmental protection agency.
(E) "Solid wastes" means such unwanted residual solid or
semisolid material as results from industrial, commercial,
agricultural, and community operations, excluding earth or
material from construction, mining, or demolition operations, or
other waste materials of the type that normally would be included
in demolition debris, nontoxic fly ash and bottom ash, including
at least ash that results from the combustion of coal and ash
that
results from the combustion of coal in combination with
scrap
tires where scrap tires comprise not more than fifty per
cent of
heat input in any month, spent nontoxic foundry sand, and
slag and
other substances that are not harmful or inimical to
public
health, and includes, but is not limited to, garbage,
scrap tires,
combustible and noncombustible material, street
dirt, and debris.
"Solid wastes" does not include any material
that is an infectious
waste or a hazardous waste.
(F) "Disposal" means the discharge, deposit, injection,
dumping, spilling, leaking, emitting, or placing of any solid
wastes or hazardous waste into or on any land or ground or
surface
water or into the air, except if the disposition or
placement
constitutes storage or treatment or, if the solid
wastes consist
of scrap tires, the disposition or placement
constitutes a
beneficial use or occurs at a scrap tire recovery
facility
licensed under section 3734.81 of the Revised Code.
(G) "Person" includes the state, any political subdivision
and other state or local body, the United States and any agency
or
instrumentality thereof, and any legal entity defined as a
person
under section 1.59 of the Revised Code.
(H) "Open burning" means the burning of solid wastes in an
open area or burning of solid wastes in a type of chamber or
vessel that is not approved or authorized in rules adopted by the
director under section 3734.02 of the Revised Code or, if the
solid wastes consist of scrap tires, in rules adopted under
division (V) of this section or section 3734.73 of the
Revised
Code, or the burning of treated or untreated infectious wastes in
an open area or in a type of chamber or vessel that is not
approved in rules adopted by the director under section 3734.021
of the Revised Code.
(I) "Open dumping" means the depositing of solid wastes
into
a body or stream of water or onto the surface of the ground
at a
site that is not licensed as a solid waste facility under
section
3734.05 of the Revised Code or, if the solid wastes
consist of
scrap tires, as a scrap tire collection, storage,
monocell,
monofill, or recovery facility under section 3734.81 of
the
Revised Code; the depositing of solid wastes that consist of
scrap
tires onto the surface of the ground at a site or in a
manner not
specifically identified in divisions (C)(2) to (5),
(7), or (10)
of section 3734.85 of the Revised Code; the
depositing of
untreated infectious wastes into a body or stream
of water or onto
the surface of the ground; or the depositing of
treated infectious
wastes into a body or stream of water or onto
the surface of the
ground at a site that is not licensed as a
solid waste facility
under section 3734.05 of the Revised Code.
(J)(1) "Hazardous waste" means any
of the following:
(a) Any waste or combination of
wastes in solid, liquid,
semisolid, or contained gaseous form
that in the determination of
the director, because of its
quantity, concentration, or physical
or chemical characteristics,
may do either of the following:
(1)(i) Cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or
incapacitating
reversible illness;
(2)(ii) Pose a substantial present or potential hazard to
human health or safety or to the environment when improperly
stored, treated, transported, disposed of, or otherwise managed.
(b) Any methamphetamine that is manufactured or produced in
violation of section 2925.04 of the Revised Code, whether or not
there has been a prior conviction of that violation, and any
byproduct of the manufacture or production of methamphetamine that
is manufactured or produced in violation of that section, whether
or not there has been a prior conviction of that violation.
(2) "Hazardous waste" includes any substance identified by
regulation as hazardous waste under the "Resource Conservation
and
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as
amended, and does not include any substance that is subject to
the
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011,
as
amended.
(K) "Treat" or "treatment," when used in connection with
hazardous waste, means any method, technique, or process designed
to change the physical, chemical, or biological characteristics
or
composition of any hazardous waste; to neutralize the waste;
to
recover energy or material resources from the waste; to render
the
waste nonhazardous or less hazardous, safer to transport,
store,
or dispose of, or amenable for recovery, storage, further
treatment, or disposal; or to reduce the volume of the waste.
When
used in connection with infectious wastes, "treat" or
"treatment"
means any method, technique, or process designed to
render the
wastes noninfectious, including, without limitation,
steam
sterilization and incineration, or, in the instance of
wastes
identified in division (R)(7) of this section, to
substantially
reduce or eliminate the potential for the wastes to
cause
lacerations or puncture wounds.
(L) "Manifest" means the form used for identifying the
quantity, composition, origin, routing, and destination of
hazardous waste during its transportation from the point of
generation to the point of disposal, treatment, or storage.
(M) "Storage," when used in connection with hazardous
waste,
means the holding of hazardous waste for a temporary
period in
such a manner that it remains retrievable and
substantially
unchanged physically and chemically and, at the end
of the period,
is treated; disposed of; stored elsewhere; or
reused, recycled, or
reclaimed in a beneficial manner. When used
in connection with
solid wastes that consist of scrap tires,
"storage" means the
holding of scrap tires for a temporary period
in such a manner
that they remain retrievable and, at the end of
that period, are
beneficially used; stored elsewhere; placed in a
scrap tire
monocell or monofill facility licensed under section
3734.81 of
the Revised Code; processed at a scrap tire recovery
facility
licensed under that section or a solid waste
incineration or
energy recovery facility subject to regulation
under this chapter;
or transported to a scrap tire monocell,
monofill, or recovery
facility, any other solid waste facility
authorized to dispose of
scrap tires, or a facility that will
beneficially use the scrap
tires, that is located in another
state and is operating in
compliance with the laws of the state
in which the facility is
located.
(N) "Facility" means any site, location, tract of land,
installation, or building used for incineration, composting,
sanitary landfilling, or other methods of disposal of solid
wastes
or, if the solid wastes consist of scrap tires, for the
collection, storage, or processing of the solid wastes; for the
transfer of solid wastes; for the treatment of infectious wastes;
or for the storage, treatment, or disposal of hazardous waste.
(O) "Closure" means the time at which a hazardous waste
facility will no longer accept hazardous waste for treatment,
storage, or disposal, the time at which a solid waste facility
will no longer accept solid wastes for transfer or disposal or,
if
the solid wastes consist of scrap tires, for storage or
processing, or the effective date of an order revoking the permit
for a hazardous waste facility or the registration certificate,
permit, or license for a solid waste facility, as applicable.
"Closure" includes measures performed to protect public health or
safety, to prevent air or water pollution, or to make the
facility
suitable for other uses, if any, including, but not
limited to,
the removal of processing residues resulting from
solid wastes
that consist of scrap tires; the establishment and
maintenance of
a suitable cover of soil and vegetation over cells
in which
hazardous waste or solid wastes are buried; minimization
of
erosion, the infiltration of surface water into such cells,
the
production of leachate, and the accumulation and runoff of
contaminated surface water; the final construction of facilities
for the collection and treatment of leachate and contaminated
surface water runoff, except as otherwise provided in this
division; the final construction of air and water quality
monitoring facilities, except as otherwise provided in this
division; the final construction of methane gas extraction and
treatment systems; or the removal and proper disposal of
hazardous
waste or solid wastes from a facility when necessary to
protect
public health or safety or to abate or prevent air or
water
pollution. With regard to a solid waste facility that is a
scrap
tire facility, "closure" includes the final construction of
facilities for the collection and treatment of leachate and
contaminated surface water runoff and the final construction of
air and water quality monitoring facilities only if those actions
are determined to be necessary.
(P) "Premises" means either of the following:
(1) Geographically contiguous property owned by a
generator;
(2) Noncontiguous property that is owned by a generator
and
connected by a right-of-way that the generator controls
and to
which the
public does not have access. Two or more pieces of
property that
are geographically contiguous and divided by public
or private
right-of-way or rights-of-way are a single premises.
(Q) "Post-closure" means that period of time following
closure during which a hazardous waste facility is required to be
monitored and maintained under this chapter and rules adopted
under it, including, without limitation, operation and
maintenance
of methane gas extraction and treatment systems, or
the period of
time after closure during which a scrap tire
monocell or monofill
facility licensed under section 3734.81 of
the Revised Code is
required to be monitored and maintained under
this chapter and
rules adopted under it.
(R) "Infectious wastes" includes all of the following
substances or categories of substances:
(1) Cultures and stocks of infectious agents and
associated
biologicals, including, without limitation, specimen
cultures,
cultures and stocks of infectious agents, wastes from
production
of biologicals, and discarded live and attenuated
vaccines;
(2) Laboratory wastes that were, or are likely to have
been,
in contact with infectious agents that may present a
substantial
threat to public health if improperly managed;
(3) Pathological wastes, including, without limitation,
human and animal tissues, organs, and body parts, and body fluids
and excreta that are contaminated with or are likely to be
contaminated with infectious agents, removed or obtained during
surgery or autopsy or for diagnostic evaluation, provided that,
with
regard to pathological wastes from animals, the animals have
or are likely to
have been exposed to a zoonotic or infectious
agent;
(4) Waste materials from the rooms of humans, or the
enclosures of animals, that have been isolated because of
diagnosed communicable disease that are likely to transmit
infectious agents. Such waste materials from the rooms of humans
do not include any wastes of patients who have been placed on
blood and body fluid precautions under the universal precaution
system established by the centers for disease control in the
public health service of the United States department of health
and human services, except to the extent specific wastes
generated
under the universal precautions system have been
identified as
infectious wastes by rules adopted under division
(R)(8) of this
section.
(5) Human and animal blood specimens and blood products
that
are being disposed of, provided that, with
regard to blood
specimens and blood products from animals, the animals were
or are
likely to have been exposed to a zoonotic or infectious
agent.
"Blood
products" does not
include patient care waste such as
bandages or disposable gowns
that are lightly soiled with blood or
other body fluids unless
those wastes are soiled to the extent
that the generator of the
wastes determines that they should be
managed as infectious
wastes.
(6) Contaminated carcasses, body parts, and bedding of
animals that were intentionally exposed to infectious agents from
zoonotic
or human diseases
during research, production of
biologicals, or testing of
pharmaceuticals, and carcasses and
bedding of animals otherwise
infected by zoonotic or infectious
agents that may present a
substantial threat to
public health
if
improperly managed;
(7) Sharp wastes used in the treatment, diagnosis, or
inoculation of human beings or animals or that have, or are
likely
to have, come in contact with infectious agents in
medical,
research, or industrial laboratories, including, without
limitation, hypodermic needles and syringes, scalpel blades, and
glass articles that have been broken;
(8) Any other waste materials generated in the diagnosis,
treatment, or immunization of human beings or animals, in
research
pertaining thereto, or in the production or testing of
biologicals, that the public health council created in section
3701.33 of the Revised Code, by rules adopted in accordance with
Chapter 119. of the Revised Code, identifies as infectious wastes
after determining that the wastes present a substantial threat to
human health when improperly managed because they are
contaminated
with, or are likely to be contaminated with,
infectious agents.
(S) "Infectious agent" means a type of microorganism,
helminth, or virus that causes, or significantly contributes to
the cause of, increased morbidity or mortality of human beings.
(T) "Zoonotic agent" means a type of microorganism,
helminth, or virus that causes disease in vertebrate animals and
that is transmissible to human beings and causes or
significantly
contributes to the cause of increased morbidity or
mortality of
human beings.
(U) "Solid waste transfer facility" means any site,
location, tract of land, installation, or building that is used
or
intended to be used primarily for the purpose of transferring
solid wastes that were generated off the premises of the facility
from vehicles or containers into other vehicles for
transportation
to a solid waste disposal facility. "Solid waste
transfer
facility" does not include any facility that consists
solely of
portable containers that have an aggregate volume of
fifty cubic
yards or less nor any facility where legitimate
recycling
activities are conducted.
(V) "Beneficially use" means to use a scrap tire in a
manner
that results in a commodity for sale or exchange or in any
other
manner authorized as a beneficial use in rules adopted by
the
director in accordance with Chapter 119. of the Revised Code.
(W) "Commercial car," "commercial tractor," "farm
machinery," "motor bus," "vehicles," "motor vehicle," and
"semitrailer" have the same meanings as in section 4501.01 of the
Revised Code.
(X) "Construction equipment" means road rollers, traction
engines, power shovels, power cranes, and other equipment used in
construction work, or in mining or producing or processing
aggregates, and not designed for or used in general highway
transportation.
(Y) "Motor vehicle salvage dealer" has the same meaning as
in section 4738.01 of the Revised Code.
(Z) "Scrap tire" means an unwanted or discarded tire.
(AA) "Scrap tire collection facility" means any facility
that meets all of the following qualifications:
(1) The facility is used for the receipt and storage of
whole scrap tires from the public prior to their transportation
to
a scrap tire storage, monocell, monofill, or recovery facility
licensed under section 3734.81 of the Revised Code; a solid waste
incineration or energy recovery facility subject to regulation
under this chapter; a premises within the state where the scrap
tires will be beneficially used; or a scrap tire storage,
monocell, monofill, or recovery facility, any other solid waste
disposal facility authorized to dispose of scrap tires, or a
facility that will beneficially use the scrap tires, that is
located in another state, and that is operating in compliance
with
the laws of the state in which the facility is located;
(2) The facility exclusively stores scrap tires in
portable
containers;
(3) The aggregate storage of the portable containers in
which the scrap tires are stored does not exceed five thousand
cubic feet.
(BB) "Scrap tire monocell facility" means an individual
site
within a solid waste landfill that is used exclusively for
the
environmentally sound storage or disposal of whole scrap
tires or
scrap tires that have been shredded, chipped, or
otherwise
mechanically processed.
(CC) "Scrap tire monofill facility" means an engineered
facility used or intended to be used exclusively for the storage
or disposal of scrap tires, including at least facilities for the
submergence of whole scrap tires in a body of water.
(DD) "Scrap tire recovery facility" means any facility, or
portion thereof, for the processing of scrap tires for the
purpose
of extracting or producing usable products, materials, or
energy
from the scrap tires through a controlled combustion
process,
mechanical process, or chemical process. "Scrap tire
recovery
facility" includes any facility that uses the controlled
combustion of scrap tires in a manufacturing process to produce
process heat or steam or any facility that produces usable heat
or
electric power through the controlled combustion of scrap
tires in
combination with another fuel, but does not include any
solid
waste incineration or energy recovery facility that is
designed,
constructed, and used for the primary purpose of
incinerating
mixed municipal solid wastes and that burns scrap
tires in
conjunction with mixed municipal solid wastes, or any
tire
retreading business, tire manufacturing finishing center, or
tire
adjustment center having on the premises of the business a
single,
covered scrap tire storage area at which not more than
four
thousand scrap tires are stored.
(EE) "Scrap tire storage facility" means any facility
where
whole scrap tires are stored prior to their transportation
to a
scrap tire monocell, monofill, or recovery facility licensed
under
section 3734.81 of the Revised Code; a solid waste
incineration or
energy recovery facility subject to regulation
under this chapter;
a premises within the state where the scrap
tires will be
beneficially used; or a scrap tire storage,
monocell, monofill, or
recovery facility, any other solid waste
disposal facility
authorized to dispose of scrap tires, or a
facility that will
beneficially use the scrap tires, that is
located in another
state, and that is operating in compliance
with the laws of the
state in which the facility is located.
(FF) "Used oil" means any oil that has been refined
from
crude oil, or any synthetic oil, that has been used and, as a
result of
that use, is contaminated by physical or chemical
impurities. "Used oil"
includes only those substances identified
as used oil by the
United States environmental protection agency
under the "Used Oil
Recycling Act of 1980," 94 Stat. 2055, 42
U.S.C.A. 6901a, as amended.
(GG) "Methamphetamine" means methamphetamine, any salt,
isomer, or salt of an isomer of methamphetamine, or any compound,
mixture, preparation, or substance containing methamphetamine or
any salt, isomer, or salt of an isomer of methamphetamine.
Sec. 3745.13. (A) When emergency action is required to
protect
the public health or safety or the environment, any person
responsible for causing or allowing an unauthorized spill,
release, or discharge of material into or upon the environment
or
responsible for the operation of an illegal methamphetamine
manufacturing laboratory that has caused or poses a risk of
causing contamination of the environment is
liable to the
municipal corporation, county, township, countywide
emergency
management agency established under section
5502.26 of
the Revised
Code, regional authority for emergency
management
established
under section 5507.27 of the
Revised Code, or emergency management
program established by a
political subdivision under section
5502.271 of the Revised Code, having
territorial jurisdiction, or
responsibility for emergency
management activities in the location
of the spill, release,
or
discharge,
contamination, or potential
contamination, for the necessary and reasonable, additional or
extraordinary costs it incurs in investigating, mitigating,
minimizing, removing, or abating the spill, release,
or discharge,
contamination, or potential contamination,
in the course of its
emergency action, but, to the extent
criteria and methods for
response actions prescribed under 40
C.F.R. 300, as amended, may
be applied to the type of material
involved and the conditions of
the spill, release,
or
discharge,
contamination, or potential
contamination, that person is liable for those costs only if the
political
subdivision, countywide agency, or regional authority
employed
those criteria and methods in its emergency action.
The
The officers
of the municipal corporation, county, township,
countywide
emergency management agency, or regional authority for
emergency
management performing the emergency action shall keep a
detailed
record of its costs for investigating, mitigating,
minimizing,
removing, or abating the unauthorized spill, release,
or
discharge, contamination, or potential contamination; promptly
after the completion of those measures, shall
certify those costs
to the city director of law or village
solicitor, as appropriate,
of the municipal corporation, the
prosecuting attorney of the
county in the case of a county,
township, or countywide emergency
management agency, or the legal
counsel retained thereby in the
case of a regional authority for
emergency management; and may
request that the legal officer or
counsel bring a civil action for
recovery of costs against the
person responsible for the
unauthorized spill, release, or
discharge. The
or
responsible for
the operation of the illegal methamphetamine
manufacturing
laboratory that caused or posed a risk of causing
contamination of
the environment. If the officers request that
the legal officer
or counsel bring such a civil action regarding
emergency action
taken in relation to the operation of an illegal
methamphetamine
manufacturing laboratory that has caused or poses
a risk of
causing contamination of the environment, the legal
officer or
counsel also may pursue a forfeiture proceeding against
the
responsible person under sections 2923.44 to 2923.47, sections
2925.41 to 2925.45, or sections 2923.42 to 2923.43 of the Revised
Code, or in any other manner authorized by law.
The legal officer or counsel shall submit a written,
itemized
claim
for the total certified costs incurred by the
municipal
corporation, county, township, countywide agency, or
regional
authority for the emergency action to the responsible
party and a
written demand that those costs be paid to the
political
subdivision, countywide agency, or regional authority.
Not less
than thirty days before bringing a civil action for
recovery of
those costs, the legal officer or counsel shall mail
written
notice to the responsible party informing the responsible
party
that, unless the total certified costs are paid to the
political
subdivision, countywide agency, or regional authority
within
thirty days after the date of mailing of the notice, the
legal
officer or counsel will bring a civil action for that
amount.
In
Except for emergency action taken in relation to the operation of
an illegal methamphetamine manufacturing laboratory that has
caused or poses a risk of causing contamination of the
environment, in making a determination of an award for
reimbursement,
the responsible party's status as a taxpayer to the
governmental
entity shall be taken into consideration. Nothing in
this
section prevents a political subdivision, countywide
emergency
management agency, or regional authority for emergency
management
from entering into a settlement of a claim against a
responsible
party that compromises the amount of the claim.
Moneys
recovered
under
as described in this section shall be
credited to
the appropriate funds of
the political subdivision,
countywide
agency, or regional
authority from which moneys were
expended in
performing the
emergency action.
(B) As used in this section:
(1) "Methamphetamine" means methamphetamine, any salt,
isomer, or salt of an isomer of methamphetamine, or any compound,
mixture, preparation, or substance containing methamphetamine or
any salt, isomer, or salt of an isomer of methamphetamine.
(2) "Illegal methamphetamine manufacturing laboratory" means
any laboratory or other premises that is used for the manufacture
or production of methamphetamine in violation of section 2925.04
of the Revised Code, whether or not there has been a prior
conviction of that violation.
Sec. 4507.16. (A)(1) The trial judge of any court of
record,
in addition to or independent of all other penalties
provided by
law or by ordinance, shall suspend for not less than
thirty days
or more than three years or shall revoke the driver's
or commercial
driver's license or permit or nonresident operating
privilege of
any person who is convicted of or pleads guilty to
any of the
following:
(a) Perjury or the making of a false affidavit under this
chapter, or any other law of this state requiring the
registration
of motor vehicles or regulating their operation on
the highway;
(b) Any crime punishable as a felony under the motor
vehicle
laws of this state or any other felony in the commission
of which
a motor vehicle is used;
(c) Failing to stop and disclose identity at the scene of
the accident when required by law or ordinance to do so;
(d) Street racing as defined in section
4511.251 of the
Revised Code or any substantially similar
municipal ordinance;
(e) Willfully eluding or fleeing a police officer;
(f) Trafficking in cigarettes with the intent to avoid
payment of the cigarette tax under division (A) of section
5743.112 of the Revised Code;.
(2) Subject to division (D)(1) of this
section, the trial
judge of any court of record, in addition to or independent
of all
other penalties provided by law or by ordinance, shall suspend the
driver's or commercial driver's license or permit or nonresident
operating
privilege of any person
who is convicted of or pleads
guilty to a violation of section 2903.06 or
2903.08 of
the Revised
Code. The suspension
shall be for the period of time specified in
section 2903.06 or 2903.08 of the
Revised Code,
whichever is
applicable.
(3) If a person is convicted of or pleads guilty to a
violation of
section
2907.24 of the Revised Code, an attempt to
commit a violation of that
section, or a violation of or an
attempt to commit a violation of a municipal
ordinance that is
substantially equivalent to that section and if the person,
in
committing or attempting to commit the violation, was in, was on,
or used a
motor vehicle, the trial judge of a court of record, in
addition to or
independent of all other penalties provided by law
or ordinance, shall suspend
for thirty days the person's driver's
or commercial driver's license or
permit.
The trial judge of any court of record, in addition to
suspensions or revocations of licenses, permits, or privileges
pursuant to this division and in addition to or independent of
all
other penalties provided by law or by ordinance, shall impose
a
suspended jail sentence not to exceed six months, if
imprisonment
was not imposed for the offense for which the person
was
convicted.
(4) If the trial judge of any court of record
suspends or
revokes the driver's or commercial driver's license or permit or
nonresident operating privilege of a person who is convicted of or
pleads
guilty to any offense for which such suspension or
revocation is provided by
law or ordinance, in addition to all
other penalties provided by law or
ordinance, the judge may issue
an order prohibiting the offender from
registering, renewing, or
transferring the registration of any vehicle during
the period
that the offender's license, permit, or privilege is suspended or
revoked. The court promptly shall send a copy of the order to the
registrar
of motor vehicles.
Upon receipt of such an order, neither the registrar nor any
deputy
registrar shall accept any application for the
registration, registration
renewal, or transfer of registration of
any motor vehicle owned or leased by
the person named in the order
during the period that the person's license,
permit, or privilege
is suspended or revoked, unless the registrar is properly
notified
by the court that the order of suspension or revocation has been
canceled. When the period of suspension or revocation expires or
the order is
canceled, the registrar or deputy registrar shall
accept the application for
registration, registration renewal, or
transfer of registration of the person
named in the order.
(B) Except as otherwise provided in this section, the
trial
judge of any court of record and the mayor of a mayor's
court, in
addition to or independent of all other penalties
provided by law
or by ordinance, shall revoke the driver's or
commercial driver's
license or permit or nonresident operating
privilege of any person
who is convicted of or pleads guilty to a
violation of division
(A) of section 4511.19 of the Revised Code,
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 that is substantially
equivalent to division (A) of section 4511.19 of the Revised Code
relating to operating a vehicle with a prohibited concentration
of
alcohol in the blood, breath, or urine or suspend the license,
permit, or privilege as follows:
(1) Except when division (B)(2), (3), or (4) of this
section
applies and the judge or mayor is required to suspend or revoke
the
offender's license or permit pursuant to that division, the
judge or mayor
shall suspend the offender's
driver's or commercial
driver's license or permit or nonresident
operating privilege for
not less than six months nor more than
three years.
(2) Subject to division (B)(4) of this section, 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 motor
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 or
2903.08 of the Revised Code, former
section 2903.07 of the Revised Code,
or a municipal ordinance that
is
substantially similar to former 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
judge shall suspend the offender's driver's or
commercial driver's
license or permit or nonresident operating
privilege for not less
than one year nor more than five years.
(3) Subject to division (B)(4) of this section, if, within
six years of the
offense, the offender has been convicted of or
pleaded guilty to two
violations described in division (B)(2) of
this section, 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 judge shall
suspend the offender's driver's or
commercial driver's license or
permit or nonresident operating
privilege for not less than one
year nor more than ten years.
(4) If, within six years of the offense, the offender has
been convicted of or pleaded guilty to three or more violations
described in division (B)(2) of this section, 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 judge shall suspend
the offender's driver's or
commercial driver's license or permit
or nonresident operating
privilege for a period of time set by the
court but not less than
three years, and the judge may permanently
revoke the offender's
driver's or commercial driver's license or
permit or nonresident
operating privilege.
(5) The filing of an appeal by a person whose driver's or
commercial driver's license is suspended or revoked under
division
(B)(1), (2), (3), or (4) of this section regarding any
aspect of
the person's trial or sentence does not stay the
operation of
the
suspension or revocation.
(C) The trial judge of any court of record or the mayor of
a
mayor's court, in addition to or independent of all other
penalties provided by law or by ordinance, may suspend the
driver's or commercial driver's license or permit or nonresident
operating privilege of any person who violates a requirement or
prohibition of the court imposed under division (F) of this
section or division (G)(1) of section 2951.02 of the
Revised Code
as follows:
(1) For not more than one year, upon conviction for a
first
violation of the requirement or prohibition;
(2) For not more than five years, upon conviction for a
second or subsequent violation of the requirement or prohibition
during the same period of required use of an ignition interlock
device that is certified pursuant to section 4511.83 of the
Revised Code.
(D)(1) The trial judge of any court of record, in addition
to or independent of all other penalties provided by law or by
ordinance, shall permanently revoke the driver's or commercial
driver's license or permit or nonresident operating privilege of
any person who is convicted of or pleads guilty to a violation of
section 2903.04 or 2903.06 of the Revised Code in a case in
which
division (D) of
section 2903.04 or division (B)
of section 2903.06
of
the Revised Code requires the judge
to permanently revoke the
license, permit, or privilege.
(2) In addition to any prison term authorized or required by
the section
that
establishes the offense and sections 2929.13 and
2929.14 of the
Revised Code, and in addition to any other sanction
imposed
for the offense under the section that establishes the
offense or sections
2929.11 to 2929.182 of the Revised Code, the
court that
sentences an offender who is convicted of or pleads
guilty to a violation of
section 2925.02, 2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13, 2925.14,
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of
the
Revised Code either shall revoke or,
if it
does not revoke,
shall
suspend for not less than six months or more than five
years, as
specified in the section that establishes the
offense, the
person's driver's or
commercial driver's license or permit. If
the
person's driver's or commercial driver's license or permit is
under
suspension on the date the court imposes sentence upon the
person, any revocation imposed upon the person that is
referred to
in
division (D)(2) of this section shall take effect immediately.
If the person's driver's or commercial driver's license or permit
is
under suspension on the date the court imposes sentence upon
the
person, any period of suspension imposed upon the person that
is referred to in division (D)(2) of this section shall take
effect
on the next day immediately following the end of that
period of
suspension. If the person is sixteen years of age or
older and
is a resident of this state but does not have a current,
valid
Ohio driver's or commercial driver's license or permit, the
court shall
order the registrar to deny to the person the
issuance
of a driver's or commercial driver's license or permit
for six
months beginning on the date the court imposes a sentence
upon the
person. If the person has not attained the age of
sixteen years
on the date the court
sentences the person for the violation, the
period of denial shall
commence on the date
the person attains the
age of sixteen years.
(E) Except as otherwise provided in this section, the
trial
judge of any court of record and the mayor of a mayor's
court, in
addition to or independent of all other penalties
provided by law
or ordinance, shall suspend for not less than
sixty days nor more
than two years the driver's or commercial
driver's license or
permit or nonresident operating privilege of
any person who is
convicted of or pleads guilty to a violation of
division (B) of
section 4511.19 of the Revised Code or of a
municipal ordinance
substantially equivalent to that division
relating to operating a
vehicle with a prohibited concentration
of alcohol in the blood,
breath, or urine.
(F)(1) A person is not entitled to request, and a judge or
mayor
shall not grant to the person, occupational driving
privileges under
division (F) of this section if
a person's
driver's or commercial driver's license
or permit or nonresident
operating privilege has been suspended
pursuant to division (B) or
(C) of this section or pursuant to
division (F) of section
4511.191 of the Revised Code, and the
person, within the preceding
seven years, has been convicted of
or pleaded guilty to three or
more violations of one or
more of the following:
(a) Division (A) or
(B) of section 4511.19 of the Revised
Code;
(b) 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;
(c) A
municipal ordinance relating to operating a vehicle
with a
prohibited concentration of alcohol in the blood, breath,
or
urine;
(d) 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;
(e) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a municipal ordinance
that
is substantially similar to either of those divisions;
(f) Division (A)(2), (3), or (4) of section
2903.06,
division (A)(2) of section
2903.08, or former section 2903.07 of
the
Revised Code, or a municipal ordinance that is substantially
similar to any of those
divisions or that former
section, 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;
(g) 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.
(2) Any other person who is not described in division
(F)(1)
of this section and whose driver's or commercial
driver's license
or nonresident operating privilege has been
suspended under any of
those divisions may file a petition that
alleges that the
suspension would seriously affect the person's
ability to continue
the person's employment. The petition
of a person
whose license,
permit, or privilege was suspended pursuant to
division (F) of
section 4511.191 of the Revised Code shall be
filed in the court
specified in division (I)(4) of that section,
and the petition of
a person whose license, permit, or privilege
was suspended under
division (B) or (C) of this section shall be
filed in the
municipal, county, mayor's, or in the case of a
minor, juvenile
court that has jurisdiction over the place of
arrest. Upon
satisfactory proof that there is reasonable cause
to believe that
the suspension would seriously affect the
person's ability to
continue the person's employment, the
judge of the
court or mayor
of the mayor's court may grant the person
occupational driving
privileges during the period during which
the suspension otherwise
would be imposed, except that the judge
or mayor 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 3123.611 or
4506.16 of the Revised Code or
whose commercial driver's license
or commercial driver's temporary intruction
permit has been
suspended under section 3123.58 of the Revised Code, and shall not
grant
occupational driving privileges during any of the following
periods of time:
(a) The first fifteen days of suspension imposed upon an
offender whose license, permit, or privilege is suspended
pursuant
to division (B)(1) of this section or division (F)(1) of
section
4511.191 of the Revised Code. On or after the sixteenth
day of
suspension, the court may grant the offender occupational
driving
privileges, but the court may provide that the offender
shall not
exercise the occupational driving privileges
unless the vehicles
the offender operates are equipped with
ignition interlock
devices.
(b) The first thirty days of suspension imposed upon an
offender whose license, permit, or privilege is suspended
pursuant
to division (B)(2) of this section or division (F)(2) of
section
4511.191 of the Revised Code. On or after the
thirty-first day of
suspension, the court may grant the offender
occupational driving
privileges, but the court may provide that
the offender shall not
exercise the occupational driving
privileges unless the vehicles
the offender operates are
equipped with ignition interlock
devices.
(c) The first one hundred eighty days of suspension
imposed
upon an offender whose license, permit, or privilege is
suspended
pursuant to division (B)(3) of this section or division
(F)(3) of
section 4511.191 of the Revised Code. The judge may
grant
occupational driving privileges to an offender who receives
a
suspension under either of those divisions on or
after the one
hundred
eighty-first day of the suspension only if division (F) of
this
section does not prohibit the judge from granting the
privileges
and only if the judge, at the time of granting the
privileges, also
issues an order prohibiting the offender, while
exercising
the occupational driving privileges during the period
commencing with
the one hundred eighty-first day of suspension and
ending with
the first year of suspension, from operating any motor
vehicle
unless it is equipped with a certified ignition interlock
device.
After the first year of the suspension, the court may
authorize
the offender to continue exercising the occupational
driving
privileges in vehicles that are not equipped with ignition
interlock devices. If the offender does not petition for
occupational driving privileges until after the first year of
suspension and if division (F) of this section does not prohibit
the judge from granting the privileges, the judge may grant the
offender occupational driving privileges without requiring the
use
of a certified ignition interlock device.
(d) The first three years of suspension imposed upon an
offender whose license, permit, or privilege is suspended
pursuant
to division (B)(4) of this section or division (F)(4) of
section
4511.191 of the Revised Code. The judge may grant
occupational
driving privileges to an offender who receives a
suspension under
either of those divisions after
the first three years of
suspension only if division (F) of this section does not prohibit
the judge from granting the privileges and only if the judge, at
the time of granting the privileges, also issues an order
prohibiting the offender from operating any motor vehicle, for
the
period of suspension following the first three years of
suspension, unless the motor vehicle is equipped with a certified
ignition interlock device.
(G) If a person's driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
under
division (E) of this section, and the person, within the
preceding
seven years, has been convicted of or pleaded guilty to
three or
more violations identified in division (F)(1) of
this section,
the
person is not entitled to
request, and the judge or mayor 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 under division (E) of this
section may file a petition
that alleges
that the suspension would seriously affect the
person's ability
to continue the person's employment. The
petition shall
be filed in
the municipal, county, or mayor's court
that has jurisdiction
over the place of arrest. Upon satisfactory
proof that there is
reasonable cause to believe that the
suspension would seriously
affect the person's ability to continue
the person's
employment, the judge
of the court or mayor of the
mayor's court may grant the person
occupational driving privileges
during the period during which
the suspension otherwise would be
imposed, except that the judge
or mayor 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 4506.16 of the
Revised Code, and shall not grant
occupational driving privileges
during the first sixty days of
suspension imposed upon an offender
whose driver's or commercial driver's
license or permit or
nonresident operating privilege is suspended
pursuant to division
(E) of this section.
(H)(1) After a driver's or commercial driver's license or
permit has been suspended or
revoked pursuant to this section, the
judge of the court or mayor
of the mayor's court that suspended or
revoked the license or
permit shall cause the offender to deliver
the license
or permit to the court. The judge, mayor, or
clerk of
the court or mayor's court, if the license or permit has been
suspended or revoked in connection with any of the offenses
listed
in this section, forthwith shall forward it
to the registrar with
notice of the
action of the court.
(2) Suspension of a commercial driver's license under this
section shall be concurrent with any period of disqualification
under section 3123.611 or 4506.16 of the Revised Code
or any
period of suspension under section 3123.58 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 this chapter during the period
for which
the commercial driver's license was suspended under this
section,
and no person whose commercial driver's license is
suspended
under this section shall be issued a driver's license
under this
chapter during the period of the suspension.
(I) No judge shall suspend the first thirty days of
suspension of a driver's or commercial driver's license
or permit
or a nonresident operating privilege required
under division (A)
of this section, no judge or mayor shall
suspend the first six
months of suspension required under
division (B)(1) of this
section, no judge shall suspend the first
year of suspension
required under division (B)(2) of this
section, no judge shall
suspend the first year of suspension
required under division
(B)(3) of this section, no judge shall
suspend the first three
years of suspension required under
division (B)(4) of this
section, no judge or mayor shall suspend
the revocation required
by division (D) of this section,
and no judge or mayor shall
suspend the first sixty days of
suspension required under division
(E) of this section, except
that the court shall credit any period
of suspension imposed
pursuant to section 4511.191 or 4511.196 of
the Revised Code
against any time of suspension imposed pursuant
to division (B)
or (E) of this section as described in division
(J) of this section.
(J) The judge of the court or mayor of the mayor's court
shall credit any time during which an offender was subject to an
administrative suspension of the offender's driver's or
commercial
driver's
license or permit or nonresident operating privilege
imposed
pursuant to division (E) or (F) of section 4511.191 or a
suspension imposed by a judge, referee, or mayor pursuant to
division (B)(1) or (2) of section 4511.196 of the Revised Code
against the time to be served under a related suspension imposed
pursuant to this section.
(K) The judge or mayor shall notify the bureau of any
determinations made, and of any suspensions or revocations
imposed, pursuant to division (B) of this section.
(L)(1) If a court issues an ignition interlock order under
division (F) of this section, the order shall authorize the
offender during the specified period to operate a motor vehicle
only if it is equipped with a certified ignition interlock
device.
The court shall provide the offender with a copy of an
ignition
interlock order issued under division (F) of this
section, and the
copy of the order shall be used by the offender
in lieu of an Ohio
driver's or commercial driver's license or
permit until the
registrar or a deputy registrar issues the
offender a restricted
license.
An order issued under division (F) of this section does not
authorize or permit the offender to whom it has been issued to
operate a vehicle during any time that the offender's driver's or
commercial driver's license or permit is suspended or revoked
under any other provision of law.
(2) The offender may present the ignition interlock order
to
the registrar or to a deputy registrar. Upon presentation of
the
order to the registrar or a deputy registrar, the registrar
or
deputy registrar shall issue the offender a restricted
license. A
restricted license issued under this division shall
be identical
to an Ohio driver's license, except that it shall
have printed on
its face a statement that the offender is
prohibited during the
period specified in the court order from
operating any motor
vehicle that is not equipped with a certified
ignition interlock
device, and except that the date of
commencement and the date of
termination of the period shall be
indicated conspicuously upon
the face of the license.
(3) As used in this section:
(a) "Ignition interlock device" has the same meaning as in
section 4511.83 of the Revised Code.
(b) "Certified ignition interlock device" means an
ignition
interlock device that is certified pursuant to section
4511.83 of
the Revised Code.
Sec. 4507.169. (A) The registrar of motor vehicles shall
suspend for the period of time specified in this
division the
driver's or commercial driver's
license or permit of, or deny for
such period of time
the issuance of a driver's
or commercial
driver's license or permit to, any person who is a
resident of
this state and is convicted of or
pleads guilty to a violation of
a statute of any other state or any federal
statute that is
substantially similar to section 2925.02, 2925.03, 2925.04,
2925.041, 2925.05, 2925.06,
2925.11, 2925.12, 2925.13, 2925.14,
2925.22, 2925.23, 2925.31, 2925.32,
2925.36, or 2925.37 of the
Revised Code. Upon receipt of a
report from a court, court clerk,
or other official of any other
state or from any federal authority
that a resident of this state
was convicted of or pleaded guilty
to an
offense described in this division, the
registrar shall send
a notice by regular first class mail to the person, at
the
person's last known
address as shown in the records of the bureau
of motor vehicles,
informing the person of the suspension or
denial, that the
suspension or denial will take
effect twenty-one
days from the date of the notice, and that, if
the person wishes
to
appeal the suspension or denial, the person must file a
notice
of appeal within
twenty-one days of the date of the notice
requesting a hearing on
the matter. If the person requests a
hearing, the registrar
shall hold the hearing not more than
forty
days after receipt by the registrar of the notice of appeal. The
filing of a notice of
appeal does not stay the operation of the
suspension or denial
that must be imposed pursuant to this
division. The scope of the
hearing shall be limited to whether
the person actually was convicted of
or pleaded
guilty to the
offense for which the
suspension or denial is to be imposed.
The period of suspension or denial the registrar is required
to impose
under this division shall end either on the last day of
any period of
suspension of the person's nonresident operating
privilege imposed by the
state or federal court located in the
other state, or the date six months and
twenty-one days from the
date of the notice sent by the registrar to the
person under this
division, whichever is earlier.
The registrar shall subscribe to or otherwise participate
in
any information system or register, or enter into reciprocal
and
mutual agreements with other states and federal authorities,
in
order to facilitate the exchange of information with other
states
and the United States government regarding persons who
plead
guilty to or are convicted of offenses described in this
division
and therefore are subject to the suspension or denial
described in
this division.
(B) The registrar shall suspend for the period of time
specified in this division the driver's or commercial driver's
license or
permit of, or deny for such period of time the
issuance
of a driver's or commercial driver's license or
permit to, any
person who is a resident of this state and is convicted of
or
pleads guilty to a violation of a statute
of any other state
or a
municipal ordinance of a municipal corporation located in
any
other state that is substantially similar to section 4511.19
of
the Revised Code. Upon receipt of a report from another state
made pursuant to section 4507.60 of the Revised Code
indicating
that a resident of this state was convicted
of or pleaded guilty
to an offense described in this division, the
registrar shall
send
a notice by regular first class mail to the person, at the
person's last known address as shown in the records of the bureau
of motor
vehicles, informing the person of the suspension or
denial, that the
suspension or denial will take effect
twenty-one
days from the date of the notice, and that, if
the person wishes
to appeal the suspension or denial, the person must file a
notice
of appeal within twenty-one days of the date of the notice
requesting a hearing on the matter. If the person requests a
hearing, the registrar shall hold the hearing not more than
forty
days after receipt by the registrar of the notice
of appeal. The
filing of a notice of appeal does not stay the
operation of the
suspension or denial that must be imposed
pursuant to this
division. The scope of the hearing shall be
limited to whether
the person actually was convicted of or pleaded
guilty to the
offense for which the suspension or denial is
to be imposed.
The period of suspension or denial the registrar is required
to impose
under this division shall end either on the last day of
any period of
suspension of the person's nonresident operating
privilege imposed by the
state or federal court located in the
other state, or the date six months and
twenty-one days from the
date of the notice sent by the registrar to the
person under this
division, whichever is earlier.
(C) The registrar shall suspend for the period of time
specified in this division the driver's or commercial driver's
license or
permit of, or deny for such period of time the
issuance
of a driver's or commercial driver's license
or permit to, any
child who is a resident of this state and
is convicted of or
pleads guilty to a
violation of a statute of
any other state or
any federal statute that is substantially
similar to section
2925.02, 2925.03, 2925.04,
2925.041, 2925.05,
2925.06, 2925.11,
2925.12, 2925.13,
2925.14, 2925.22, 2925.23, 2925.31, 2925.32,
2925.36, or 2925.37
of the Revised Code. Upon receipt of a report
from a court,
court clerk, or other official of any other state or
from any
federal authority that a child who is a resident of this
state
was convicted of or pleaded guilty to an offense described
in
this division, the registrar shall send a notice by regular
first
class mail to the child, at the child's last known address
as shown in the records of the bureau of motor vehicles, informing
the child
of the suspension or denial, that the suspension or
denial will take effect
twenty-one days from the date of the
notice, and that, if the child wishes to
appeal the suspension or
denial, the child must file a notice of appeal within
twenty-one
days of the date of the notice requesting a hearing on
the matter.
If the child requests a hearing, the registrar shall
hold the
hearing not more than forty
days after receipt by the
registrar of
the notice of appeal. The filing of a notice of
appeal does not
stay the operation of the suspension or denial
that must be
imposed pursuant to this division. The scope of the
hearing shall
be limited to whether the child actually was convicted of
or
pleaded guilty to the offense for which
the suspension or denial
is to be imposed.
The period of suspension the registrar is required to impose
under this
division shall end either on the last day of any period
of suspension of the
child's nonresident operating privilege
imposed by the state or federal court
located in the other state,
or the date six months and twenty-one days from
the date of the
notice sent by the registrar to the child under this division,
whichever is earlier. If the child is a resident of this state
who
is sixteen
years of age or older and does not have a current,
valid Ohio
driver's or commercial driver's license or permit, the
notice shall
inform the child that the child will be denied
issuance of a driver's or
commercial driver's license or permit
for six months beginning on
the date of the notice. If the child
has not attained the age of
sixteen years on the date of the
notice, the notice shall inform
the child that the period of
denial of six months shall commence on the
date the child attains
the age of sixteen years.
The registrar shall subscribe to or otherwise participate
in
any information system or register, or enter into reciprocal
and
mutual agreements with other states and federal authorities,
in
order to facilitate the exchange of information with other
states
and the United States government regarding children who
are
residents of this state and plead guilty to or are convicted
of
offenses described in this division and therefore are subject
to
the suspension or denial described in this division.
(D) The registrar shall suspend for the period of time
specified in this division the driver's or commercial driver's
license or
permit of, or deny for such period of time the
issuance
of a driver's or commercial driver's license
or permit to, any
child who is a resident of this state and
is convicted of or
pleads guilty to a
violation of a statute of
any other state or a
municipal ordinance of a municipal
corporation located in any
other state that is substantially
similar to section 4511.19 of
the Revised Code. Upon receipt of
a report from another state
made pursuant to section
4507.60 of the Revised Code indicating
that a child who is a resident
of this state was convicted of or
pleaded guilty to an offense
described in this division, the
registrar shall send a notice by
regular first class mail to the
child, at the child's last known address
as shown in the records
of the bureau of motor vehicles,
informing the child of the
suspension or denial, that the
suspension or denial will take
effect twenty-one
days from the date of the notice, and that, if
the
child wishes to appeal
the suspension or denial, the child
must file a notice
of appeal within
twenty-one days of the date of
the notice requesting a hearing on
the matter. If the child
requests a hearing, the registrar shall
hold the hearing not more
than forty
days after receipt by the
registrar of the notice of
appeal. The filing of a notice of
appeal does not stay the
operation of the suspension or denial
that must be imposed
pursuant to this division. The scope of the
hearing shall be
limited to whether the child actually was convicted of
or pleaded
guilty to the offense for which the
suspension or denial is to be
imposed.
The period of suspension the registrar is required to impose
under this
division shall end either on the last day of any period
of suspension of the
child's nonresident operating privilege
imposed by the state or federal court
located in the other state,
or the date six months and twenty-one days from
the date of the
notice sent by the registrar to the child under this division,
whichever is earlier. If the child is a resident of this state
who
is sixteen
years of age or older and does not have a current,
valid Ohio
driver's or commercial driver's license or permit, the
notice shall
inform the child that the child will be denied
issuance of a driver's or
commercial driver's license or permit
for six months beginning on
the date of the notice. If the child
has not attained the age of
sixteen years on the date of the
notice, the notice shall inform
the child that the period of
denial of six months shall commence on the
date the child attains
the age of sixteen years.
(E) Any person whose license or permit has been suspended
pursuant to
division (B) or (D) of this section may file a
petition in the municipal or county court, or in case the person
is under
eighteen years of age, the juvenile court, in whose
jurisdiction the person
resides, agreeing to
pay the cost of the
proceedings and alleging that the suspension
would seriously
affect the person's ability to continue the person's
employment.
Upon satisfactory proof that there is reasonable cause to believe
that the suspension would seriously affect the person's ability to
continue
the person's employment, the judge may grant the person
occupational driving
privileges during the period during which the
suspension otherwise would be
imposed, except that the judge shall
not grant occupational driving
privileges for
employment as a
driver of a commercial motor vehicle to any
person who would be
disqualified from operating a commercial motor vehicle under
section 4506.16
of the Revised Code if the violation had occurred
in this state, or during any
of the following periods of time:
(1) The first fifteen days of the suspension, if
the person
has not been convicted within five years of
the date of the
offense giving rise to the suspension under this
section of a
violation of any of the following:
(a) Section 4511.19 of the Revised Code, 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;
(b) A
municipal ordinance relating to operating a motor
vehicle with a
prohibited concentration of alcohol in the blood,
breath, or
urine;
(c) 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;
(d) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or
a municipal ordinance that
is substantially similar to either of those
divisions;
(e) Division (A)(2), (3), or (4) of
section 2903.06,
division (A)(2) of section
2903.08, or former section 2903.07 of
the Revised
Code, or
a municipal ordinance that is substantially
similar to any of those
divisions or that former section,
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.
(2) The first thirty days of the suspension, if the person
has been convicted one time within
five years of the date of the
offense giving rise to the
suspension under this section of any
violation identified in division
(E)(1) of
this section.
(3) The first one hundred eighty days of the suspension, if
the person has been convicted two times within five
years of the
date of the offense giving rise to the suspension
under this
section of any violation identified in division
(E)(1) of this
section.
(4) No occupational driving privileges may be granted if the
person has been convicted three or more times
within five years of
the date of the offense giving rise to the
suspension under this
section of any violation identified in
division
(E)(1) of this
section.
If a person petitions for occupational driving privileges
under division (E) of this section, the registrar shall
be
represented by the county prosecutor of the county in which
the
person resides if the petition is filed in a juvenile court
or
county court, except that if the person resides within a city
or
village that is located within the jurisdiction of the county
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 a municipal court, the
registrar shall
be represented as provided in section 1901.34
of the Revised Code.
In granting occupational driving privileges under division
(E) 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 person's
use of a
motor 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 division
(D)(1) of section 4507.02 of the Revised Code.
(F) As used in divisions (C) and (D) of this section:
(1) "Child" means a person who is under the age of
eighteen
years, except that any person who violates a statute or
ordinance
described in division (C) or (D) of this section prior
to
attaining eighteen years of age shall be deemed a "child"
irrespective of the person's age at the time the complaint
or
other
equivalent document is filed in the other state or a
hearing,
trial, or other proceeding is held in the other state on
the
complaint or other equivalent document, and irrespective of
the
person's
age when the period of license suspension or denial
prescribed in
division (C) or (D) of this section is imposed.
(2) "Is convicted of or pleads guilty to" means, as it
relates to a child who is a resident of this state, that in a
proceeding conducted in a state or federal court located in
another state for a violation of a statute or ordinance described
in division (C) or (D) of this section, the result of the
proceeding is any of the following:
(a) Under the laws that govern the proceedings of the
court,
the child is adjudicated to be or admits to being a
delinquent
child or a juvenile traffic offender for
a violation described in
division (C) or (D) of this
section that would be a crime if
committed by an adult;
(b) Under the laws that govern the proceedings of the
court,
the child is convicted of or pleads guilty to a violation
described in
division (C) or (D) of this section;
(c) Under the laws that govern the proceedings of the
court,
irrespective of the terminology utilized in those laws,
the result
of the court's proceedings is the
functional equivalent of
division (F)(2)(a) or (b) of this
section.
Section 2. That existing sections 905.40, 905.461, 2925.01,
2925.04, 2925.14, 2925.38, 2925.51, 2933.43, 3734.01, 3745.13,
4507.16, and 4507.169 of the Revised Code are hereby repealed.