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S. B. No. 163As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Austria, Coughlin, Randy Gardner, Armbruster, Oelslager, Jacobson
A BILL
To amend sections 2151.28, 2151.35, 2152.19, 2152.21,
2705.05, and 4511.99 and to enact sections 4511.741
and 5579.11 of the Revised Code to prohibit
specifically the dropping or throwing of articles
or objects from or upon any part of a lane, road,
street, alley, bridge, or overpass and to create
the Highway, Bridge, and Overpass Vandal Fence Fund
and the Highway, Bridge, and Overpass Vandal Fence
Task Force.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.28, 2151.35, 2152.19, 2152.21,
2705.05, and 4511.99 be amended and sections 4511.741 and 5579.11
of the Revised Code be enacted to read as follows:
Sec. 2151.28. (A) No later than seventy-two hours after
the
complaint is filed, the
court shall fix a time for an adjudicatory
hearing. The court
shall conduct the adjudicatory hearing within
one of the
following periods of time: (1) Subject to division (D) of section 2152.13 of the
Revised Code, if the complaint alleged that the child violated
section
2151.87 of the Revised Code
or is a delinquent or unruly
child or
a juvenile traffic offender, the
adjudicatory hearing
shall be
held and may be continued in
accordance with the Juvenile
Rules. (2) If the complaint alleged that the child is an abused,
neglected, or dependent child, the adjudicatory hearing shall be
held no later than thirty days after the complaint is filed,
except that, for good cause shown, the court may continue the
adjudicatory hearing for either of the following periods of time: (a) For ten days beyond the thirty-day deadline to allow
any
party to obtain counsel; (b) For a reasonable period of time beyond the thirty-day
deadline to obtain service on all parties or any necessary
evaluation, except that the adjudicatory hearing shall not be
held
later than sixty days after the date on which the complaint
was
filed. (B) At an adjudicatory hearing held pursuant to division
(A)(2) of this section, the court, in addition to determining
whether the child is an abused, neglected, or dependent child,
shall determine whether the child should remain or be placed in
shelter care until the dispositional hearing. When the court
makes the shelter care determination, all of the following apply: (1) The court shall determine whether there are any
relatives of the child who are willing to be temporary custodians
of the child. If any relative is willing to be a temporary
custodian, the child otherwise would remain or be placed in
shelter care, and the appointment is appropriate, the court shall
appoint the relative as temporary custodian of the child, unless
the court appoints another relative as custodian. If it
determines that the appointment of a relative as custodian would
not be appropriate, it shall issue a written opinion setting
forth
the reasons for its determination and give a copy of the
opinion
to all parties and the guardian ad litem of the child. The court's consideration of a relative for appointment as
a
temporary custodian does not make that relative a party to the
proceedings. (2) The court shall comply with section 2151.419
of the
Revised Code. (3) The court shall schedule the date for the
dispositional
hearing to be held pursuant to section 2151.35 of
the Revised
Code. The parents of the child have a right to be
represented by
counsel; however, in no case shall the
dispositional hearing be
held later than ninety days after the
date on which the complaint
was filed. (C)(1) The court shall direct the issuance of a summons
directed to the child except as provided by this section, the
parents, guardian, custodian, or other person with whom the child
may be, and any other persons that appear to the court to be
proper or necessary parties to the proceedings, requiring them to
appear before the court at the time fixed to answer the
allegations of the complaint. The summons shall contain the name
and telephone number of the court employee designated by the
court
pursuant to section 2151.314 of the Revised Code to arrange
for
the prompt appointment of counsel for indigent persons. A
child
alleged to be an abused, neglected, or dependent child
shall not
be summoned unless the court so directs. A summons
issued for a
child who is under fourteen years of age and who is
alleged to be
a delinquent child, unruly child, or a juvenile
traffic offender
shall be served on the parent, guardian, or
custodian of the child
in the child's behalf. If the person who has physical custody of the child, or
with
whom the child resides, is other than the parent or
guardian, then
the parents and guardian also shall be summoned. A copy of the
complaint shall accompany the summons. (2) In lieu of appearing before the
court at the time fixed
in the summons and prior to the date
fixed for appearance in the
summons, a child who is alleged
to have violated section 2151.87
of the
Revised
Code and that child's parent, guardian, or
custodian
may sign a waiver of appearance
before the clerk of the
juvenile court and pay a fine of one hundred dollars.
If the
child and that child's parent, guardian, or custodian do not waive
the
court appearance,
the court shall proceed with the
adjudicatory
hearing as provided in this section. (D) If the complaint contains a prayer for permanent
custody, temporary custody, whether as the preferred or an
alternative disposition, or a planned
permanent living arrangement
in a case
involving an alleged abused, neglected, or dependent
child, the
summons served on the parents shall contain as is
appropriate an
explanation that the granting of permanent custody
permanently
divests the parents of their parental rights and
privileges, an
explanation that an adjudication that the child is
an abused,
neglected, or dependent child may result in an order of
temporary
custody that will cause the removal of the child from
their legal
custody until the court terminates the order of
temporary custody
or permanently divests the parents of their
parental rights, or
an explanation that the issuance of an order
for a planned permanent living
arrangement will cause the removal
of the child from the legal custody
of the parents if any of the
conditions listed in divisions
(A)(5)(a) to (c) of section
2151.353 of the Revised Code are
found to exist. (E)(1) Except as otherwise provided in
division
divisions
(E)(2)
and (3) of
this section, the court may endorse upon the
summons an
order
directing the parents, guardian, or other person
with whom the
child may be to appear personally at the hearing and
directing
the
person having the physical custody or control of the
child to
bring the child to the hearing. (2) In cases in which the complaint alleges that a child is
an
unruly or delinquent child for being an habitual or chronic
truant and that
the parent, guardian, or other person having care
of the child has
failed to cause the child's attendance at school,
the court shall
endorse upon the summons an order directing the
parent, guardian,
or other person having care of the child to
appear personally at
the hearing and directing the person having
the physical custody
or control of the child to bring the child to
the hearing.
(3) In cases in which the complaint alleges that a child
previously has been adjudicated a delinquent child for having
committed a violation of section 4511.741 of the Revised Code or a
substantially similar municipal ordinance and also alleges that
the child again has committed a violation of section 4511.741 of
the Revised Code or a substantially similar municipal ordinance
and that the parent, guardian, or other person having care of the
child failed to prevent the latest violation, the court shall
endorse upon the summons an order directing the parent, guardian,
or other person having care of the child to appear personally at
the hearing and directing the person having the physical custody
or control of the child to bring the child to the hearing. (F)(1) The summons shall contain a statement advising that
any party is entitled to counsel in the proceedings and that the
court will appoint counsel or designate a county public defender
or joint county public defender to provide legal representation
if
the party is indigent. (2) In cases in which the complaint alleges a child to be an
abused,
neglected, or dependent child and no hearing has been
conducted pursuant to
division (A) of section 2151.314 of the
Revised Code with respect to the child
or a parent, guardian, or
custodian of the child does not attend the
hearing, the summons
also shall contain a statement advising that a case plan
may be
prepared for the child, the general requirements usually contained
in
case plans, and the possible consequences of failure to comply
with a
journalized case plan. (G) If it appears from an affidavit filed or from sworn
testimony before the court that the conduct, condition, or
surroundings of the child are endangering the child's health
or
welfare or those of others, that the child may abscond or be
removed from
the jurisdiction of the court, or that the child will
not be
brought to the
court, notwithstanding the service of the
summons, the court may
endorse upon the summons an order that a
law enforcement officer
serve the summons and take the child into
immediate custody and
bring the child forthwith to the court. (H) A party, other than the child, may waive service of
summons by written stipulation. (I) Before any temporary commitment is made permanent, the
court shall fix a time for hearing in accordance with section
2151.414 of the Revised Code and shall cause notice by summons to
be served upon the parent or guardian of the child and the
guardian ad litem of the child, or published, as provided in
section 2151.29 of the Revised Code. The summons shall contain
an
explanation that the granting of permanent custody permanently
divests the parents of their parental rights and privileges. (J) Any person whose presence is considered necessary and
who is not summoned may be subpoenaed to appear and testify at
the
hearing. Anyone summoned or subpoenaed to appear
who fails
to do
so may be punished, as in other cases in the court of
common
pleas, for contempt of court. Persons subpoenaed shall be
paid
the same witness fees as are allowed in the court of common
pleas. (K) The failure of the court to hold an adjudicatory
hearing
within any time period set forth in division (A)(2) of
this
section does not affect the ability of the court to issue
any
order under this chapter and does not provide any basis for
attacking the jurisdiction of the court or the validity of any
order of the court. (L) If the court, at an adjudicatory hearing held pursuant
to
division (A) of this section upon a complaint alleging that a
child
is an abused, neglected, dependent, delinquent, or unruly
child or a juvenile
traffic offender, determines that the child is
a dependent child, the court
shall incorporate that determination
into written findings of fact and
conclusions of law and enter
those findings of fact and conclusions of law in
the record of the
case. The court shall include in
those findings of fact and
conclusions of law specific findings as to the
existence of any
danger to the child and any underlying family problems that
are
the basis for the court's determination that the child is a
dependent
child.
Sec. 2151.35. (A)(1) Except as otherwise provided by
division
(A)(3) of this section or
in section 2152.13 of the
Revised Code, the juvenile
court may conduct its
hearings in an
informal manner and may adjourn its hearings
from
time to time.
The court may exclude
the
general public from its hearings in a
particular case if the court holds a
separate hearing to determine
whether that exclusion is
appropriate. If the court decides that
exclusion of the general public
is appropriate, the court still
may
admit to a particular hearing or all of the hearings
relating
to a particular case those persons
who have a direct interest
in
the case and those who demonstrate that their need for access
outweighs
the interest in keeping the hearing closed. Except cases involving children who are alleged to be unruly
or delinquent children for being habitual or chronic truants
and
cases involving children who are alleged to be delinquent children
for having committed a violation of section 4511.741 of the
Revised Code or a substantially similar municipal ordinance and
who previously have been adjudicated delinquent for having
committed such a violation and except as
otherwise provided in
section 2152.13 of the Revised Code, all cases
involving children
shall be heard separately and
apart from the trial of cases
against adults. The court may
excuse the attendance of the child
at the hearing in cases
involving abused, neglected, or dependent
children. The court
shall hear and determine all cases of
children without a jury,
except cases involving serious youthful
offenders
under section 2152.13 of the Revised Code. If a complaint alleges a child to be a delinquent child,
unruly
child, or juvenile traffic offender, the court shall
require the
parent, guardian, or custodian of the child to attend
all proceedings of
the court regarding the child. If a parent,
guardian, or
custodian fails to so attend, the court may find the
parent,
guardian, or custodian in contempt.
If the court finds from clear and convincing evidence that
the child violated section 2151.87 of the Revised Code, the court
shall proceed in accordance with divisions (F) and (G) of that
section. If the court at the adjudicatory hearing finds from clear
and
convincing evidence that the child is an abused, neglected,
or
dependent child, the court shall proceed, in accordance with
division (B) of this section, to hold a dispositional hearing and
hear the evidence as to the proper disposition to be made under
section 2151.353 of the Revised Code. If the court at the
adjudicatory hearing finds beyond a reasonable doubt that the
child is a delinquent or unruly child or a juvenile traffic
offender, the court shall proceed immediately, or at a postponed
hearing, to hear the evidence as to the proper disposition to be
made under section 2151.354 or
Chapter 2152. of the Revised Code.
If the court at the adjudicatory hearing finds beyond a reasonable
doubt that the child is an unruly child for being an habitual
truant,
or that the child is an unruly child for being an habitual
truant
and that the parent, guardian, or other person having care
of the
child has failed to cause the child's attendance at school
in
violation of section 3321.38 of the Revised Code,
the court
shall proceed to hold a hearing to hear the evidence as to the
proper disposition to be made in regard to the child under
division
(C)(1) of section 2151.354 of the
Revised Code and the
proper action to take in regard
to the parent, guardian, or other
person having care of the child under
division (C)(2) of section
2151.354 of the Revised Code.
If the court at the adjudicatory
hearing finds beyond a reasonable
doubt that the child is a
delinquent child for being a chronic truant or
for being an
habitual truant who previously has been adjudicated an unruly
child for being an habitual truant, or that the child is a
delinquent child for either of those reasons and the parent,
guardian, or
other person having care of the child has failed to
cause the
child's attendance at school in violation of section
3321.38 of
the Revised Code, the court shall proceed to hold a
hearing to
hear the evidence as to the proper disposition to be
made in regard to
the child under division
(A)(6)(a) of section
2152.19 of
the Revised Code
and the proper action to take in
regard to the
parent, guardian, or other person having care of the
child under division
(A)(6)(b) of section 2152.19 of
the Revised
Code.
If the court at the adjudicatory hearing finds beyond a
reasonable doubt that the child is a delinquent child for having
committed a violation of section 4511.741 of the Revised Code or a
substantially similar municipal ordinance and also finds by a
preponderance of the evidence that the child previously was
adjudicated delinquent for having committed such a violation and
that the parent, guardian, or other person having care of the
child failed to prevent the latest such violation, the court shall
order disposition to be made in regard to the child in accordance
with section 2152.19 of the Revised Code. The court also shall
find the parent, guardian, or other person having care of the
child in contempt of the court order issued under that section and
shall fine the parent, guardian, or other person having care of
the child the amount specified in section 2152.19 of the Revised
Code. If the court does not find the child to have violated section
2151.87 of the Revised Code or to be an abused, neglected,
dependent, delinquent, or unruly child or a juvenile traffic
offender, it shall order that the case be dismissed
and that
the
child be discharged from any detention or restriction
theretofore
ordered. (2) A record of all testimony and other oral proceedings in
juvenile court shall be made in all proceedings that are held
pursuant to section 2151.414 of the Revised Code or in which an
order of disposition may be made pursuant to division (A)(4) of
section 2151.353 of the Revised Code, and shall be made upon
request in any other proceedings. The record shall be made as
provided in section 2301.20 of the Revised Code. (3) The authority of a juvenile court to exclude the general
public from its hearings that is provided by division (A)(1) of
this section does not limit or affect any right of a victim of a
crime or
delinquent act, or of a victim's representative, under
Chapter 2930.
of the Revised Code.
(B)(1) If the court at an adjudicatory hearing determines
that a child is an abused, neglected, or dependent child, the
court shall not issue a dispositional order until after the court
holds a separate dispositional hearing. The court may hold the
dispositional
hearing for an adjudicated abused, neglected, or
dependent child
immediately after the
adjudicatory hearing if all
parties were served prior to the
adjudicatory hearing with all
documents required for the
dispositional hearing. The
dispositional hearing may not be held more
than thirty days after
the adjudicatory hearing is held. The
court, upon the request of
any party
or the guardian ad litem of the child, may continue a
dispositional hearing for a reasonable time not to exceed the
time
limits set forth in this division to enable a party to
obtain or
consult counsel. The dispositional hearing shall not
be held more
than ninety days after the date on which the
complaint in the case
was filed. If the dispositional hearing is not held within the period
of
time required by this division, the court, on its own motion
or
the motion of any party or the guardian ad litem of the child,
shall dismiss the complaint without prejudice. (2) The dispositional hearing shall be conducted in
accordance with all of the following: (a) The judge or referee who presided at the adjudicatory
hearing shall preside, if possible, at the dispositional hearing; (b) The court may admit any evidence that is material and
relevant, including, but not limited to, hearsay, opinion, and
documentary evidence; (c) Medical examiners and each investigator who prepared a
social history shall not be cross-examined, except upon consent
of
the parties, for good cause shown, or as the court in its
discretion may direct. Any party may offer evidence
supplementing, explaining, or disputing any information contained
in the social history or other reports that may be used by the
court in determining disposition. (3) After the conclusion of the dispositional hearing, the
court shall enter an appropriate judgment within seven days and
shall schedule the date for the hearing to be held pursuant to
section 2151.415 of the Revised Code. The court may make any
order of disposition that is set forth in section 2151.353 of the
Revised Code. A copy of the judgment shall be given to each
party
and to the child's guardian ad litem. If the judgment is
conditional, the order shall state the conditions of the
judgment.
If the child is not returned to the child's own
home, the court
shall determine which school district shall bear the cost
of the
child's education and shall comply
with section 2151.36 of the
Revised Code. (4) As part of its dispositional order, the court may
issue
any order described in division (B) of section 2151.33 of
the
Revised Code. (C) The court shall give all parties to the action and the
child's guardian ad litem notice of the adjudicatory and
dispositional hearings in accordance with the Juvenile Rules. (D) If the court issues an order pursuant to division
(A)(4)
of section 2151.353 of the Revised Code committing a child
to the
permanent custody of a public children services agency or
a
private child placing agency, the parents of the child whose
parental rights were terminated cease to be parties to the action
upon the issuance of the order. This division is not intended to
eliminate or restrict any right of the parents to appeal the
permanent custody order issued pursuant to division (A)(4) of
section 2151.353 of the Revised Code. (E) Each juvenile court shall schedule its hearings in
accordance with the time requirements of this chapter. (F) In cases regarding abused, neglected, or dependent
children, the court may admit any statement of a child that the
court determines to be excluded by the hearsay rule if the
proponent of the statement informs the adverse party of the
proponent's
intention to offer the statement and of the
particulars of the
statement, including the name of the declarant,
sufficiently in
advance of the hearing to provide the party with a
fair
opportunity to prepare to challenge, respond to, or defend
against the statement, and the court determines all of the
following: (1) The statement has circumstantial guarantees of
trustworthiness; (2) The statement is offered as evidence of a material
fact; (3) The statement is more probative on the point for which
it is offered than any other evidence that the proponent can
procure through reasonable efforts; (4) The general purposes of the evidence rules and the
interests of justice will best be served by the admission of the
statement into evidence. (G) If a child is alleged to be an abused child, the court
may order that the testimony of the child be taken by deposition.
On motion of the prosecuting attorney, guardian ad litem, or any
party, or in its own discretion, the court may order that the
deposition be videotaped. Any deposition taken under this
division shall be taken with a judge or referee present. If a deposition taken under this division is intended to be
offered as evidence at the hearing, it shall be filed with the
court. Part or all of the deposition is admissible in evidence
if
counsel for all parties had an opportunity and similar motive
at
the time of the taking of the deposition to develop the
testimony
by direct, cross, or redirect examination and the judge
determines
that there is reasonable cause to believe that if the
child were
to testify in person at the hearing, the child would
experience
emotional trauma as a result of participating at the hearing.
Sec. 2152.19. (A) If a child is adjudicated a delinquent
child,
the court may make any of the following orders of
disposition, in
addition to any other disposition authorized or
required by this
chapter: (1) Any
order that is authorized by section 2151.353 of the
Revised Code for the care and protection of an abused,
neglected,
or
dependent child. (2) Commit the child to the temporary custody of any school,
camp, institution, or other facility operated for the care of
delinquent
children by the county, by a district organized under
section
2152.41 or 2151.65 of the Revised Code, or by a private
agency or organization, within or without the state, that is
authorized and
qualified to provide the care, treatment, or
placement required; (3) Place the child on community control under any
sanctions, services,
and conditions that the court prescribes. As
a condition of
community control in every case and in addition to
any other
condition that it imposes upon the child, the court
shall require the child
to abide by the law during the period of
community control. As
referred to in this division, community
control includes, but is
not limited to, the following sanctions
and conditions: (a) A period of basic probation supervision in which the
child is required to maintain contact with a person appointed to
supervise the
child in accordance with sanctions
imposed by the
court; (b) A period of intensive probation supervision in which
the
child is required to maintain frequent contact with a person
appointed by
the court to supervise
the child while the child is
seeking or maintaining employment and
participating in training,
education, and treatment programs as
the order of disposition; (c) A period of day reporting in which the child is
required
each day to report to and leave a center or another approved
reporting location at specified
times in order to participate in
work, education or training,
treatment, and other approved
programs at the center or outside
the center; (d) A period of community service of up to five hundred
hours for an act that would be a felony or a misdemeanor of the
first degree
if committed by an adult,
up to two hundred hours for
an act that would be a misdemeanor of the second,
third, or fourth
degree
if committed by an adult, or up to thirty hours for an act
that
would be a minor misdemeanor if committed by an adult; (e) A requirement that the child obtain a high school
diploma, a
certificate of high school equivalence, vocational
training, or
employment; (f) A period of drug and alcohol use monitoring; (g) A requirement of alcohol or drug assessment or
counseling, or a period in an alcohol or drug treatment program
with a level
of security for the child
as determined necessary by
the court; (h) A period in which the court orders the child to
observe
a curfew that may involve daytime or evening hours; (i) A requirement that the child serve monitored time; (j) A period of house arrest with or without electronic
monitoring; (k) A period of electronic monitoring without house arrest
or
electronically monitored house arrest that does not exceed the
maximum
sentence of imprisonment
that could be imposed upon an
adult who commits the same act. A period of electronically monitored house arrest imposed
under
this division shall not extend beyond the child's
twenty-first birthday. If a
court
imposes a period of
electronically monitored house arrest upon a
child under this
division, it shall require the child: to wear,
otherwise have
attached to the child's person, or otherwise be
subject to
monitoring by a certified electronic monitoring device
or to
participate in the operation of and monitoring by a
certified
electronic monitoring system; to remain in the child's
home or
other specified premises for the entire period of
electronically
monitored house arrest except when the court
permits the child to
leave those premises to go to school or to
other specified
premises; to be monitored by a central system that
can determine
the child's location at designated times; to report
periodically
to a person designated by the court; and to enter
into a written
contract with the court agreeing to comply with all
requirements
imposed by the court, agreeing to pay any fee imposed
by the court
for the costs of the electronically monitored house
arrest, and
agreeing to waive the right to receive credit for any
time served
on electronically monitored house arrest toward the
period of any
other dispositional order imposed upon the child if
the child
violates any of the requirements of the dispositional
order of
electronically monitored house arrest. The court also
may impose
other reasonable requirements upon the child.
Unless ordered by the court, a child shall not receive credit
for any time
served on
electronically monitored house arrest
toward any other dispositional
order imposed upon the child for
the act for which was imposed the
dispositional order of
electronically monitored house arrest. (l) A suspension of the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child or a suspension
of the
registration of all motor vehicles
registered in the name of the child. A child whose license or
permit is so suspended is ineligible for issuance of a license or
permit during the period of suspension. At the end of the period
of suspension, the child shall not be reissued a license or permit
until the child has paid any applicable reinstatement fee and
complied with all requirements governing license reinstatement. (4) Commit the child to the custody of the
court; (5)
Require the child to not be absent without legitimate
excuse from
the public school the child is supposed to attend for
five or more
consecutive days, seven or more school days in one
school month, or
twelve or more school days in a school year;
(6)(a) If a child is adjudicated a delinquent child for
being a
chronic truant or an habitual truant who previously has
been adjudicated an
unruly child for being a
habitual truant, do
either or both of the following:
(i) Require the child to participate in a truancy prevention
mediation program;
(ii) Make any order of disposition as authorized by this
section,
except that the court shall not commit the child to a
facility described
in division (A)(2) of this section unless the
court
determines that the child violated a lawful court order made
pursuant to
division (C)(1)(e) of section 2151.354 of the
Revised
Code
or division (A)(5) of this section.
(b) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an
unruly child for being a
habitual truant and the
court determines that the parent,
guardian, or other person having
care of the child has failed to
cause the child's attendance at
school in violation of section
3321.38 of the Revised Code, do
either or both of the
following:
(i) Require the parent, guardian, or other person having
care of
the child to participate in a truancy prevention mediation
program; (ii) Require the parent, guardian, or other person having
care of
the child to participate in any community service program,
preferably a
community service program that
requires the
involvement of the parent, guardian, or other person
having care
of the child in the school attended by the child.
(7)(a) If a child is adjudicated a delinquent child for
having committed a violation of section 4511.741 of the Revised
Code or a substantially similar municipal ordinance, the court
shall do both of the following:
(i) Make any order of disposition required by this chapter.
The court also may make any order of disposition authorized by
this chapter.
(ii) Issue an order to the parent, guardian, or other
person having care of the child requiring the parent, guardian, or
other person having care of the child to prevent the child from
committing another such violation. The order shall warn the
parent, guardian, or other person having care of the child that in
any subsequent adjudication of the child as a delinquent child for
again committing a violation of section 4511.741 of the Revised
Code or a substantially similar municipal ordinance, the court will be required to impose a fine of not more
than twenty thousand dollars on the parent, guardian, or other
person having care of the child for violation of the court order.
(b) If a child is adjudicated a delinquent child for having
committed a violation of section 4511.741 of the Revised Code or a
substantially similar municipal ordinance and the child previously
was adjudicated delinquent for having committed such a violation,
the court shall do both of the following:
(i) Make any order of disposition required by this chapter.
The court also may make any order of disposition authorized by
this chapter.
(ii) Impose a fine of not more than twenty thousand dollars
on the parent, guardian, or other person having care of the child
for violating the court order described in division (A)(7)(a)(ii)
of this section. Prior to imposing the fine, the court shall hear
any testimony that the parent, guardian, or other person having
care of the child offers that would explain why the parent,
guardian, or other person having care of the child was not able to
prevent the child from committing the subsequent violation. The
court may hear this testimony at the same proceeding during which
the child is adjudicated a delinquent child for having committed a
violation of section 4511.741 of the Revised Code or a
substantially similar municipal ordinance or at a separate
proceeding. In determining the amount of the fine, the court
shall give due consideration to this testimony, but shall assign
such probative value to the testimony as the court determines
proper.
All fines collected pursuant to division (A)(7)(b)(ii) of
this section shall be deposited in the state treasury to the
credit of the highway, bridge, and overpass vandal fence fund
created by section 5579.11 of the Revised Code.
(8) Make any further disposition that the court finds
proper,
except that the child shall not be placed in any of the
following: (a) A state correctional institution, a county, multicounty,
or
municipal jail or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held; (b) A community corrections facility, if the child would be
covered by the definition of public safety beds for purposes of
sections
5139.41 to 5139.45 of the Revised Code if the court
exercised its authority to commit the child to the legal custody
of the
department of youth services for institutionalization
or
institutionalization in a secure facility pursuant to this
chapter.
(B) If a child is adjudicated a delinquent child, in
addition to
any order of disposition made under division (A) of
this section, the
court, in
the following situations, shall
suspend the child's temporary instruction
permit, restricted
license, probationary driver's license, or nonresident
operating
privilege, or suspend the
child's ability to obtain such a permit: (1) The child is adjudicated a delinquent child for
violating
section 2923.122 of the Revised Code, with the
suspension
and denial being in accordance with division (E)(1)(a),
(c), (d), or (e) of section 2923.122 of
the Revised Code. (2) The child is adjudicated a delinquent child for
committing an
act that if committed by an adult would be a drug
abuse offense
or for violating
division (B) of section 2917.11 of
the Revised
Code, with the suspension continuing until the child
attends and
satisfactorily completes a drug abuse or alcohol abuse
education,
intervention, or treatment program specified by the
court. During
the time the child is attending the program, the
court shall retain any
temporary instruction permit, probationary
driver's license, or driver's
license issued to the child, and the
court shall return the permit or license
when the child
satisfactorily completes the program. (C) The court may establish a victim-offender mediation
program
in which victims and their offenders meet to discuss the
offense and suggest
possible restitution. If the court obtains
the
assent of the victim of the delinquent act committed by the
child,
the court may require the child to participate in the
program. (D)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult
and if the
child caused, attempted to cause, threatened to
cause,
or created a risk of physical harm to the victim of the
act, the
court, prior to issuing an order of disposition under
this
section, shall order the preparation of a victim impact
statement
by the probation department of the county in which the
victim of
the act resides, by the court's own probation department, or by a
victim assistance program that is operated by the state, a county,
a municipal
corporation, or another governmental entity. The court
shall
consider the victim impact statement in determining the
order of
disposition to issue for the child. (2) Each victim impact statement shall identify the victim
of the
act for which the child was adjudicated a delinquent child,
itemize any
economic loss suffered by the victim as a result of
the act,
identify any physical injury suffered by the victim as a
result of
the act and the seriousness and permanence of the
injury, identify
any change in the victim's personal welfare or
familial
relationships as a result of the act and any
psychological impact
experienced by the victim or the victim's
family as a result of the act, and
contain any other
information
related to the impact of the act upon the victim that the
court
requires. (3) A victim impact statement shall be kept confidential and
is
not a public record. However, the court may furnish copies of
the statement
to the department of youth services if the
delinquent child
is committed to the department or to both the
adjudicated
delinquent child or the adjudicated delinquent child's
counsel and
the prosecuting attorney. The copy of a victim impact
statement
furnished by the court to the department pursuant to
this section
shall be kept confidential and is not a public
record. The copies of a victim
impact statement that are made
available to the adjudicated delinquent child or the adjudicated
delinquent child's counsel and the
prosecuting attorney pursuant
to this division shall be returned to the
court by the person to
whom they were made available
immediately following the imposition
of an order of disposition for the
child under this chapter. (4) The department of youth services shall work with local
probation departments and victim assistance programs to develop a
standard victim impact statement. (E) If a child is adjudicated a delinquent child for being a
chronic
truant or an habitual truant who previously has been
adjudicated an
unruly child for being an habitual truant and the
court determines that
the parent, guardian, or other person having
care of the child has
failed to cause the child's attendance at
school in violation of
section 3321.38 of the Revised Code, in
addition to any
order of
disposition it makes under this section,
the court shall warn the
parent, guardian, or other person having
care of the child that
any subsequent adjudication of the child as
an unruly or
delinquent child for being an habitual or chronic
truant may
result in a criminal charge against the parent,
guardian, or other
person having care of the child for a violation
of division (C) of
section 2919.21 or section 2919.24 of the
Revised Code.
(F)(1) During the period of a delinquent child's community
control granted under this section, authorized probation officers
who are
engaged within the scope of their supervisory duties
or
responsibilities may search, with or without a warrant, the
person
of the delinquent child, the place of residence of the
delinquent
child, and a motor vehicle, another item of tangible or
intangible
personal property, or other real property in which the
delinquent
child has a right, title, or interest or for which the
delinquent
child has the express or implied permission of a person with a
right, title, or interest to use, occupy, or possess if the
probation officers
have reasonable grounds to believe that the
delinquent child is not abiding by
the law or otherwise is not
complying with the conditions of the
delinquent child's community
control. The court that places a
delinquent child on community
control under this section shall
provide the delinquent child with
a written notice that informs
the delinquent child that authorized
probation officers who are
engaged within the scope of their
supervisory duties or responsibilities may
conduct those types of
searches during the period of community control if they
have
reasonable grounds to believe that the delinquent child is
not
abiding by the law or otherwise is not complying with the
conditions of the delinquent child's community control. The court
also shall provide the written notice described in division
(E)(2)
of this section to each
parent, guardian, or custodian of the
delinquent child who is described in
that
division. (2) The court that places a child on community control under
this
section shall provide the child's parent, guardian, or other
custodian
with a written notice that informs them that authorized
probation
officers may conduct searches pursuant to division
(E)(1) of this
section. The notice shall specifically state that
a permissible
search might extend to a motor vehicle, another item
of tangible
or intangible personal property, or a place of
residence or other
real property in which a notified parent,
guardian, or custodian
has a right, title, or interest and that
the parent, guardian, or
custodian expressly or impliedly permits
the child to use, occupy,
or possess.
(G) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense, the court in the order
of disposition
shall inform the person, organization, or entity
that it is the
preferred course of action in this state that the
child be
provided treatment as described in division (A)(2) of
section 5139.13
of the Revised Code and shall encourage the
person, organization,
or entity to provide that treatment.
Sec. 2152.21. (A) Unless division (C) of this
section
applies, if a child is adjudicated a juvenile traffic offender,
the court may make any of the following orders of disposition: (1) Impose costs and one or more financial sanctions
in
accordance with section
2152.20 of the Revised Code; (2) Suspend the child's driver's license, probationary
driver's license, or temporary instruction
permit or the
registration of all motor vehicles registered in the name of
the
child for a definite period not exceeding two years.
A child
whose
license or permit is so suspended is ineligible for issuance
of a license or
permit during the period of suspension. At the
end of the period of
suspension, the child shall not be reissued a
license or permit until the
child
has paid any applicable
reinstatement fee and complied with all requirements
governing
license reinstatement. (3) Place the child on community control; (4) Require the child to make restitution for all damages
caused by the child's traffic violation; (5)(a) If the child is adjudicated a juvenile traffic
offender for committing a violation of division (A) of
section
4511.19 of the Revised Code or of a municipal ordinance
that is
substantially equivalent to that division,
commit the
child, for
not longer than five days, to either of the following: (i) To the temporary custody of
a detention facility or
district detention
facility established under
section 2152.41 of
the Revised Code; (ii) To the temporary
custody
of any school, camp,
institution, or other facility for children
operated in whole or
in part for the care of juvenile
traffic offenders of that nature
by the county, by a district organized
under section 2152.41 or
2151.65 of the Revised Code,
or by a private
agency or
organization within the state that is authorized and
qualified to
provide the care, treatment, or placement required.
(b) If an order
of disposition committing a child to the
temporary custody of a home, school,
camp, institution, or other
facility of that nature is
made under division (A)(5)(a) of this
section, the length
of the commitment shall
not be reduced or
diminished as a credit for any time that the child
was held in a
place of detention or shelter care, or otherwise
was detained,
prior to entry of the order of disposition. (6) If, after making a disposition under divisions (A)(1)
to
(5) of this section, the court finds upon further
hearing that
the
child has failed to comply with the orders of the court and
the
child's operation of a motor vehicle constitutes the
child a
danger to
the child and to others, the court may make any
disposition
authorized by divisions (A)(1), (3), (4), and
(7)(8)
of
section 2152.19 of the Revised Code, except that the
child may
not
be committed to or placed in a secure correctional facility
unless authorized
by division (A)(5) of this section, and
commitment to or
placement in
a detention facility may not exceed
twenty-four hours. (B) If a child is adjudicated a juvenile traffic offender
for violating division (A) or (B) of section
4511.19 of the
Revised Code, in addition to any order of disposition made
under
division (A) of this section, the court shall
suspend the
temporary instruction permit, probationary
driver's
license, or
driver's license
issued to the child for a definite period of at
least three months but not more than two years or, at the
discretion of the court, until the
child attends and
satisfactorily completes a drug abuse or alcohol abuse
education,
intervention, or treatment program specified by the court. During
the time the child is attending the program, the court shall
retain any
temporary instruction permit, probationary driver's
license, or driver's license issued to the child and shall return
the
permit or
license when the child satisfactorily completes the
program.
(C) If a child is adjudicated a juvenile traffic offender
for violating division (B)(1) or (2) of section 4513.263 of
the
Revised Code, the court shall impose the appropriate fine set
forth in section 4513.99 of the Revised Code. If a child is
adjudicated a juvenile traffic offender for violating
division
(B)(3) of section 4513.263 of the Revised Code and if
the child is
sixteen years of age or older, the court shall impose
the fine set
forth in division (G) of section 4513.99 of the
Revised Code. If
a child is adjudicated a juvenile traffic
offender for violating
division (B)(3) of section 4513.263
of the Revised Code and if the
child is under sixteen years of age,
the court shall not impose a
fine but may place the child on
probation or community control. (D) A juvenile traffic offender is subject to sections
4509.01 to 4509.78 of the Revised Code.
Sec. 2705.05. (A)
In
Except as provided in division (B) of
this section, in all contempt proceedings, the court
shall conduct
a hearing. At the hearing, the court shall
investigate the charge
and hear any answer or testimony that the
accused makes or offers
and shall determine whether the accused
is guilty of the contempt
charge. If the accused is found
guilty, the court may impose any
of the following penalties: (1) For a first offense, a fine of not more than two
hundred
fifty dollars, a definite term of imprisonment of not
more than
thirty days in jail, or both; (2) For a second offense, a fine of not more than five
hundred dollars, a definite term of imprisonment of not more than
sixty days in jail, or both; (3) For a third or subsequent offense, a fine of not more
than one thousand dollars, a definite term of imprisonment of not
more than ninety days in jail, or both. (B)
In determining whether to impose a fine for contempt
under division (A)(7)(b) of section 2152.19 of the Revised Code, a
juvenile court is not required to conduct a separate hearing as
required by division (A) of this section, but shall comply with
the procedures described in division (A)(7)(b) of section 2152.19
of the Revised Code prior to imposing the fine.
(C) In all contempt proceedings initiated pursuant to
section 2705.031 of the Revised Code against an employer, the
bureau of workers' compensation, an employer that is paying
workers' compensation benefits, a board, board of trustees, or
other governing entity of a retirement system, person paying or
distributing income to an obligor under a support order, or
financial institution that is ordered to withhold or deduct an
amount of money from the income or other assets of a person
required to pay support and that fails to withhold or deduct the
amount of money as ordered by the support order, the court also
may require the employer, the bureau of workers' compensation, an
employer that is paying workers' compensation benefits, a board,
board of trustees, or other governing entity of a retirement
system, person paying or distributing income to an obligor under
a
support order, or financial institution to pay the accumulated
support arrearages.
Sec. 4511.741. (A) As used in this section, "highway" means
a highway, lane, road, street, alley, bridge, or overpass.
(B) No person shall drop, throw, hoist, or otherwise
transfer any object upon or from any part of a highway if such
action presents a risk of harm to any person, vehicle, streetcar,
trackless trolley, animal-drawn vehicle, animal drawing an
animal-drawn vehicle, or watercraft.
Sec. 4511.99. (A) Whoever violates division (A)(1), (2),
(3),
or (4) of
section 4511.19 of the Revised Code, in addition to
the license
suspension or revocation provided in section 4507.16
of the
Revised Code and any disqualification imposed under section
4506.16 of the Revised Code, shall be punished as provided in
division (A)(1), (2), (3), or (4) of this section.
Whoever
violates division
(A)(5), (6), or (7) of section
4511.19 of the
Revised
Code, in addition to the
license suspension or revocation
provided in section 4507.16 of
the Revised Code and any
disqualification
imposed under section 4506.16 of the
Revised
Code, shall be punished as
provided in division (A)(5),
(6), (7),
or (8) of this section. (1) Except as otherwise provided in division (A)(2), (3), or
(4) of this
section, the offender is guilty of a misdemeanor of
the first degree and
the court shall sentence the offender to a
term of imprisonment of
three consecutive days and may sentence
the offender pursuant to
section 2929.21 of the Revised Code to a
longer term of
imprisonment. In addition, the court shall impose
upon the
offender a fine of not less than two hundred fifty and
not more than
one thousand dollars. The court may suspend the execution of the mandatory three
consecutive days of imprisonment that it is required to impose by
this division, if the court, in lieu of the suspended term of
imprisonment, places the offender on probation and requires the
offender to attend, for three consecutive days, a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. The court also may suspend the
execution of
any part of the mandatory three consecutive days of
imprisonment
that it is required to impose by this division, if
the court
places the offender on probation for part of the three
consecutive
days; requires the offender to attend, for that part
of the three
consecutive days, a drivers' intervention program
that is
certified pursuant to section 3793.10 of the Revised
Code; and
sentences the offender to a term of imprisonment equal
to the
remainder of the three consecutive days that the offender
does not
spend attending the drivers' intervention program. The
court may
require the offender, as a condition of probation, to
attend and
satisfactorily complete any treatment or education
programs that
comply with the minimum standards adopted pursuant
to Chapter
3793. of the Revised Code by the director of alcohol
and drug
addiction services, in addition to the required
attendance at a
drivers' intervention program, that the operators
of the drivers'
intervention program determine that the offender
should attend and
to report periodically to the court on the offender's
progress in
the programs. The court also may impose any other
conditions of
probation on the offender that it considers
necessary. Of the fine imposed pursuant to this division, twenty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
This share shall be used by the agency to pay only
those costs it
incurs in enforcing section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and in
informing the
public of the laws governing the operation of a
motor vehicle
while under the influence of alcohol, the dangers
of operating a
motor vehicle while under the influence of
alcohol, and other
information relating to the operation of a
motor vehicle and the
consumption of alcoholic beverages.
Fifty dollars of the fine
imposed pursuant to this division shall be paid to the political
subdivision that pays the cost of housing the offender during the
offender's term of incarceration to the credit of the fund that
pays the
cost of the incarceration. If the offender was confined
as a
result of the offense prior to being sentenced for the
offense but
is not sentenced to a term of incarceration, the
fifty
dollars
shall be paid to the political subdivision that paid the
cost of
housing the offender during that period of confinement.
The
political subdivision shall use this share to pay or reimburse
incarceration or treatment costs it incurs in housing or providing
drug and alcohol treatment to persons who violate section 4511.19
of the Revised Code or a substantially similar municipal
ordinance
and to pay for ignition interlock devices and electronic house
arrest
equipment for persons who violate that section.
Twenty-five dollars of the fine imposed pursuant to this division
shall be deposited into the county indigent drivers alcohol
treatment fund or municipal indigent drivers alcohol treatment
fund under the control of that court, as created by the county or
municipal corporation pursuant to division (N) of section
4511.191
of the Revised Code. The balance of the fine shall be
disbursed
as otherwise provided by law. (2)(a) Except as otherwise provided in division (A)(4)
of
this section, the offender
is guilty of a misdemeanor of the first
degree, and, except as provided in this division, the court shall
sentence the
offender to a term of imprisonment of ten consecutive
days and may sentence
the offender pursuant to section 2929.21 of
the
Revised Code to a longer term of
imprisonment if, within six
years of the offense,
the offender
has been convicted of or
pleaded guilty to one violation of
the following: (i) Division
(A) or (B) of section 4511.19 of the Revised
Code; (ii) 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; (iii) A municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine; (iv) 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; (v) 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; (vi) 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 offender was under
the influence
of alcohol, a drug of abuse, or alcohol and a drug
of abuse; (vii) 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. As an alternative
to the term of imprisonment required to be
imposed by this
division, but subject to division (A)(12) of this
section, the
court may impose upon the offender a sentence
consisting of both
a term of imprisonment of five consecutive days
and not less than
eighteen consecutive days of electronically
monitored house
arrest as defined in division (A) of section
2929.23 of the
Revised Code. The five consecutive days of
imprisonment and the
period of electronically monitored house
arrest shall not exceed
six months. The five consecutive days of
imprisonment do not
have to be served prior to or consecutively
with the period of
electronically monitored house arrest. In addition, the court shall impose upon the offender a
fine
of not less than three hundred fifty and not more than one
thousand five hundred dollars. In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. If the officials of the drivers'
intervention program determine that the offender is alcohol
dependent, they shall notify the court, and the court shall order
the offender to obtain treatment through an alcohol and drug
addiction program authorized by section 3793.02 of the Revised
Code. The cost of the treatment shall be paid by the offender. Of the fine imposed pursuant to this division, thirty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
This share shall be used by the agency to pay only
those costs it
incurs in enforcing section
4511.19 of the Revised Code or a
substantially similar municipal
ordinance and in informing the
public of the laws governing the
operation of a motor vehicle
while under the influence of
alcohol, the dangers of operating a
motor vehicle while under the
influence of alcohol, and other
information relating to the
operation of a motor vehicle and the
consumption of alcoholic
beverages. One hundred fifteen dollars
of the fine imposed pursuant to
this division shall be paid to the
political subdivision
that pays the cost of housing the offender
during the offender's
term of
incarceration. This share shall be
used by the political
subdivision to pay or reimburse
incarceration or treatment costs it incurs in
housing or providing
drug and alcohol treatment to persons who violate section
4511.19
of the Revised Code
or a substantially similar municipal ordinance
and to pay for
ignition interlock devices and electronic house
arrest equipment
for persons who violate that section, and shall
be paid to the
credit of the fund that pays the cost of the
incarceration.
Fifty dollars of the fine imposed pursuant to this
division shall
be deposited into the county indigent drivers
alcohol treatment
fund or municipal indigent drivers alcohol
treatment fund under
the control of that court, as created by the
county or municipal
corporation pursuant to division (N) of
section 4511.191 of the
Revised Code. The balance of the fine
shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
penalties imposed under division (A)(2)(a) of this
section and
all other penalties provided by law and subject to
section
4503.235 of the Revised Code, shall order the
immobilization for
ninety days of the vehicle the offender was
operating at the time
of the offense and the impoundment for
ninety days of the
identification license plates of that vehicle.
The order for the
immobilization and impoundment shall be issued
and enforced in
accordance with section 4503.233 of the Revised
Code. (3)(a) Except as otherwise provided in division (A)(4)
of
this section and except as provided in this division, if, within
six years
of the offense, the offender has been convicted of or
pleaded guilty to two
violations identified in
division (A)(2) of
this section, the court shall
sentence the offender to a term of
imprisonment of thirty consecutive days and
may sentence the
offender to a longer definite term of
imprisonment of not more
than one year. As an alternative to the
term of imprisonment
required to be imposed by this division, but
subject to division
(A)(12) of this section, the court may impose
upon the offender a
sentence consisting of both a term of
imprisonment of fifteen
consecutive days and not less than
fifty-five consecutive days of
electronically monitored house
arrest as defined in division (A)
of section 2929.23 of the
Revised Code. The fifteen consecutive
days of imprisonment and
the period of electronically monitored
house arrest shall not
exceed one year. The fifteen consecutive
days of imprisonment do
not have to be served prior to or
consecutively with the period
of electronically monitored house
arrest. In addition, the court shall impose upon the offender a
fine
of not less than five hundred fifty and not more than two thousand
five hundred dollars. In addition to any other sentence that it imposes upon the
offender, the court shall require the offender to attend an
alcohol and drug addiction program authorized by section 3793.02
of the Revised Code. The cost of the treatment shall be paid by
the offender. If the court determines that the offender is
unable
to pay the cost of attendance at the treatment
program, the court
may order that payment of the cost of the
offender's attendance at
the treatment program be made from that
court's indigent drivers
alcohol treatment fund. Of the fine imposed pursuant to this division, one hundred
twenty-three dollars shall be paid to an enforcement and
education
fund established by the legislative authority of the
law
enforcement agency in this state that primarily was
responsible
for the arrest of the offender, as determined by the
court that
imposes the fine. This share shall be used by the
agency to pay
only those costs it incurs in enforcing section
4511.19 of the
Revised Code or a substantially similar municipal
ordinance and in
informing the public of the laws governing the
operation of a
motor vehicle while under the influence of
alcohol, the dangers of
operating a motor vehicle while under the
influence of alcohol,
and other information relating to the
operation of a motor vehicle
and the consumption of alcoholic
beverages. Two hundred
seventy-seven dollars of the fine imposed
pursuant to this
division shall be paid to the political
subdivision that pays the
cost of housing the offender during the
offender's term
of
incarceration. This share shall be used by the political
subdivision to pay or reimburse incarceration or treatment costs
it incurs in
housing or providing drug and alcohol treatment to
persons who violate section
4511.19 of
the Revised Code or a
substantially similar municipal ordinance
and to pay for ignition
interlock devices and electronic house
arrest equipment for
persons who violate that section and shall
be paid to the credit
of the fund that pays the cost of
incarceration. The balance of
the fine shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
penalties imposed under division (A)(3)(a) of this
section and
all other penalties provided by law and subject to
section
4503.235 of the Revised Code, shall order the criminal
forfeiture
to the state of the vehicle the offender was operating
at the time of the offense. The order of criminal forfeiture
shall be issued
and enforced in accordance with section 4503.234
of the Revised
Code. (4)(a)(i) If, within six years of the offense, the offender
has been convicted of or pleaded guilty to three or more
violations identified in division (A)(2) of this section, and if
sentence is
not required to be imposed under division
(A)(4)(a)(ii) of this section, the
offender is guilty of a felony
of
the fourth degree and, notwithstanding division (A)(4) of
section 2929.14 of
the Revised Code, may be sentenced to a
definite prison term that shall be not
less than six months and
not more than thirty months. The court shall
sentence the
offender in accordance
with sections 2929.11 to 2929.19 of the
Revised Code and shall impose
as part of the sentence either a
mandatory term of local incarceration of
sixty
consecutive days of
imprisonment in accordance with division (G)(1)
of section 2929.13
of the Revised Code or a mandatory prison
term of sixty
consecutive days of imprisonment in accordance with division
(G)(2) of that section. If the court requires the offender to
serve a
mandatory term of local incarceration of sixty consecutive
days of imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section
2929.17 of the
Revised Code, may impose upon the
offender a
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house
arrest shall
not commence until after the offender has served the
mandatory term of local
incarceration. (ii) 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, regardless of when the prior violation
and the prior
conviction or guilty plea occurred, the offender is guilty of a
felony of the third degree. The court shall sentence the offender
in accordance with sections 2929.11 to 2929.19 of the Revised Code
and shall impose as part of the sentence a mandatory prison term
of sixty
consecutive days of imprisonment in accordance with
division (G)(2) of section 2929.13 of the Revised
Code. (iii) In addition to all other sanctions imposed on an
offender under
division (A)(4)(a)(i) or (ii)
of this section, the
court shall impose upon
the offender, pursuant to section 2929.18
of the Revised Code, a
fine of not less than eight hundred nor
more
than ten thousand dollars. In addition to any other sanction that it imposes upon
the
offender under division (A)(4)(a)(i) or (ii) of this section, the
court
shall require the offender to attend an alcohol
and drug
addiction program authorized by section 3793.02 of the
Revised
Code. The cost of the treatment shall be paid by the
offender.
If the court determines that the offender is unable to
pay the
cost of attendance at the treatment program, the
court may order
that payment of the cost of the offender's
attendance at the
treatment program be made from the court's
indigent drivers
alcohol treatment fund. Of the fine imposed pursuant to this division, two hundred
ten dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
This share shall be used by the agency to pay only
those costs it
incurs in enforcing section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and in
informing the
public of the laws governing operation of a motor
vehicle while
under the influence of alcohol, the dangers of
operation of a
motor vehicle while under the influence of
alcohol, and other
information relating to the operation of a
motor vehicle and the
consumption of alcoholic beverages. Four
hundred forty dollars of
the fine imposed pursuant to this
division shall be paid to the
political subdivision that pays the cost of
housing the offender
during the offender's term of
incarceration. This
share shall be
used by the political subdivision to pay or
reimburse
incarceration or treatment costs it incurs in housing or providing
drug and alcohol treatment to persons who
violate section 4511.19
of the Revised Code or a
substantially similar municipal ordinance
and to pay for ignition
interlock devices and electronic house
arrest equipment for
persons who violate that section, and shall
be paid to the credit
of the fund that pays the cost of
incarceration. The balance of
the fine shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
sanctions imposed under division (A)(4)(a) of this
section and
all other sanctions provided by law and subject to
section
4503.235 of the Revised Code, shall order the criminal
forfeiture
to the state of the vehicle the offender was operating
at the
time of the offense. The order of criminal forfeiture
shall be
issued and enforced in accordance with section 4503.234
of the
Revised Code. (c) As used in division (A)(4)(a) of
this section,
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section
2929.01 of the
Revised Code. If title to a motor vehicle that is subject to an order for
criminal
forfeiture under this section is assigned or transferred
and division (C)(2)
or (3) of section 4503.234 of the Revised Code
applies, in addition to or
independent of any other penalty
established by law, the court may fine the
offender the value of
the vehicle as determined by publications of the
national auto
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division
(D)(4) of
section 4503.234 of the Revised Code. (5)(a) Except as otherwise provided in division (A)(6),
(7),
or (8)
of this section, the offender is guilty of a misdemeanor of
the first degree,
and the court shall sentence the offender to one
of the following: (i) A term of imprisonment of at least
three consecutive
days and
a requirement that the
offender attend, for three
consecutive days, a drivers'
intervention program that is
certified pursuant to section
3793.10 of the Revised Code; (ii) If the court determines that the offender is not
conducive
to treatment in the
program, if the offender refuses to
attend the program, or if the
place of imprisonment can provide a
drivers' intervention program, a term of
imprisonment of at least
six consecutive days. (b) In addition, the court shall impose upon the offender a
fine
of not less than two hundred fifty and not more than
one
thousand dollars. The court may require the offender, as a condition of
probation, to
attend and satisfactorily complete any treatment or
education
programs that comply with the minimum standards adopted
pursuant
to Chapter 3793. of the Revised Code by the
director of
alcohol
and drug addiction services, in addition to the required
attendance at a drivers' intervention program, that the operators
of the drivers' intervention program determine that the offender
should attend and to report periodically to the court on the
offender's
progress in the programs. The court also may impose
any other
conditions of probation on the offender that it
considers
necessary. Of the fine imposed pursuant to this division, twenty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
The agency shall use this share to pay only
those costs it incurs
in enforcing section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and in
informing the
public of the laws governing the operation of a
motor vehicle
while under the influence of alcohol, the dangers
of operating a
motor vehicle while under the influence of
alcohol, and other
information relating to the operation of a
motor vehicle and the
consumption of alcoholic beverages.
Fifty dollars of the fine
imposed pursuant to this division shall be paid to the political
subdivision that pays the cost of housing the offender during the
offender's term of incarceration to the credit of the fund that
pays the
cost of the incarceration. The political subdivision
shall use
this share to pay or reimburse incarceration or
treatment costs it
incurs in housing or providing drug and alcohol
treatment to
persons who violate section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and to pay for
ignition interlock
devices and electronic house arrest equipment
for persons who violate that
section.
Twenty-five dollars of the
fine imposed pursuant to this division
shall be deposited into the
county indigent drivers alcohol
treatment fund or municipal
indigent drivers alcohol treatment
fund under the control of that
court, as created by the county or
municipal corporation pursuant
to division (N) of section
4511.191 of the Revised Code. The
balance of the fine shall
be disbursed as otherwise provided by
law. (6)(a) Except as otherwise provided in division (A)(8)
of
this section and except as provided in this division, if, within
six years
of the offense, the offender has been convicted of or
pleaded guilty to one
violation of
division (A) or (B) of section
4511.19 of the
Revised Code, a
municipal ordinance relating to
operating a vehicle while under
the influence of alcohol, a drug
of abuse, or alcohol and a drug
of abuse, a municipal ordinance
relating to operating a vehicle
with a prohibited concentration of
alcohol in the blood, breath,
or urine, section 2903.04 of the
Revised Code in a case in
which
the offender was subject to the
sanctions described in division
(D) of that section, section
2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal
ordinance that is
substantially
similar to section 2903.07 of the
Revised Code in a case in
which
the jury or judge found that the
offender was under the influence
of alcohol, a drug of abuse, or
alcohol and a drug of abuse, or a statute of
the United States or
of any other state or a
municipal ordinance of a municipal
corporation located in any other state that
is substantially
similar to division (A) or (B) of section
4511.19 of the
Revised
Code, the offender is guilty of a misdemeanor of the
first degree,
and the court shall sentence the
offender to a term of
imprisonment of twenty consecutive days and
may sentence the
offender pursuant to section 2929.21 of the
Revised Code to a
longer term of imprisonment. As an
alternative
to the term of
imprisonment required to be imposed by this
division, but subject
to division (A)(12) of this section, the
court may impose upon the
offender a sentence consisting of both
a term of imprisonment of
ten consecutive days and not less than
thirty-six consecutive days
of electronically monitored house
arrest as defined in division
(A) of section 2929.23 of the
Revised Code. The ten consecutive
days of imprisonment and
the
period of electronically monitored
house arrest shall not exceed
six months. The ten consecutive
days of imprisonment do not
have to be served prior to or
consecutively with the period of
electronically monitored house
arrest. In addition, the court shall impose upon the offender a
fine
of not less than three hundred fifty and not more than one
thousand five hundred dollars. In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. If the officials of the
drivers'
intervention program determine that the offender is alcohol
dependent, they shall notify the court, and the court shall order
the offender to obtain treatment through an alcohol and drug
addiction program authorized by section 3793.02 of the Revised
Code. The offender shall pay the cost of the treatment. Of the fine imposed pursuant to this division, thirty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
The agency shall use this share to pay only
those costs it incurs
in enforcing section
4511.19 of the Revised Code or a
substantially similar
municipal
ordinance and in informing the
public of the laws governing the
operation of a motor vehicle
while under the influence of
alcohol, the dangers of operating a
motor vehicle while under the
influence of alcohol, and other
information relating to the
operation of a motor vehicle and the
consumption of alcoholic
beverages. One hundred fifteen dollars
of the fine imposed pursuant to
this division shall be paid to the
political subdivision
that pays the cost of housing the offender
during the offender's
term of
incarceration. The political
subdivision shall use this share
to pay or reimburse incarceration
or treatment costs it incurs in
housing or providing drug and
alcohol treatment to persons who violate section
4511.19 of the
Revised
Code
or a substantially similar municipal ordinance and to
pay for
ignition interlock devices and electronic house arrest
equipment
for persons who violate that section, and this share
shall be paid to the
credit of the fund that pays the cost of the
incarceration.
Fifty dollars of the fine imposed pursuant to this
division shall
be deposited into the county indigent drivers
alcohol treatment
fund or municipal indigent drivers alcohol
treatment fund under
the control of that court, as created by the
county or municipal
corporation pursuant to division (N) of
section 4511.191 of the
Revised Code. The balance of the fine
shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
penalties imposed under division (A)(6)(a) of this
section and
all other penalties provided by law and subject to
section
4503.235 of the Revised Code, shall order the
immobilization
for
ninety days of the vehicle the offender was
operating at the time
of the offense and the impoundment for
ninety days of the
identification license plates of that vehicle.
The order for the
immobilization and impoundment shall be issued
and enforced in
accordance with section 4503.233 of the Revised
Code. (7)(a) Except as otherwise provided in division (A)(8)
of
this section and except as provided in this division, if, within
six years
of the offense,
the offender
has been convicted of or
pleaded guilty to two violations of
division (A) or (B) of section
4511.19 of the
Revised Code, a
municipal ordinance relating to
operating a vehicle while under
the influence of alcohol, a drug
of abuse, or alcohol and a drug
of abuse, a municipal ordinance
relating to operating a vehicle
with a prohibited concentration of
alcohol in the blood, breath,
or urine, section 2903.04 of the
Revised Code in a case in
which
the offender was subject to the
sanctions described in division
(D) of that section, section
2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal
ordinance that is
substantially
similar to section 2903.07 of the
Revised Code in a case in
which
the jury or judge found that the
offender was under the influence
of alcohol, a drug of abuse, or
alcohol and a drug of abuse,
or a statute of the United States or
of any other
state or a municipal ordinance of a municipal
corporation located in any other
state that is substantially
similar to division (A) or (B)
of section 4511.19
of the Revised
Code, the court shall
sentence the offender to a term of
imprisonment of sixty consecutive days and
may sentence the
offender to a longer definite term of
imprisonment of not more
than one year. As an alternative to the
term of imprisonment
required to be imposed by this division, but
subject to division
(A)(12) of this section, the court may impose
upon the offender a
sentence consisting of both a term of
imprisonment of thirty
consecutive days and not less than
one hundred ten consecutive
days of electronically monitored house
arrest as defined in
division (A) of section 2929.23 of the
Revised Code. The thirty
consecutive days of imprisonment
and
the period of electronically
monitored house arrest shall not
exceed one year. The thirty
consecutive days of imprisonment do
not have to be served prior to
or consecutively with the period
of electronically monitored house
arrest. In addition, the court shall impose upon the offender a
fine
of not less than five hundred fifty and not more than two thousand
five hundred dollars. In addition to any other sentence that it imposes upon the
offender, the court shall require the offender to attend an
alcohol and drug addiction program authorized by section 3793.02
of the Revised Code. The offender shall pay the cost of the
treatment. If the court determines that the offender is
unable to
pay the cost of attendance at the treatment
program, the court may
order that payment of the cost of the
offender's attendance at the
treatment program be made from that
court's indigent drivers
alcohol treatment fund. Of the fine imposed pursuant to this division, one hundred
twenty-three dollars shall be paid to an enforcement and
education
fund established by the legislative authority of the
law
enforcement agency in this state that primarily was
responsible
for the arrest of the offender, as determined by the
court that
imposes the fine. The agency shall use this share
to pay only
those costs it incurs in enforcing section
4511.19 of the Revised
Code or a substantially similar
municipal
ordinance and in
informing the public of the laws governing the
operation of a
motor vehicle while under the influence of
alcohol, the dangers of
operating a motor vehicle while under the
influence of alcohol,
and other information relating to the
operation of a motor vehicle
and the consumption of alcoholic
beverages. Two hundred
seventy-seven dollars of the fine imposed
pursuant to this
division shall be paid to the political
subdivision that pays the
cost of housing the offender during the
offender's term
of
incarceration. The political subdivision shall use this share
to
pay or reimburse incarceration or treatment costs it incurs in
housing or providing drug and alcohol treatment to persons who
violate section
4511.19 of the Revised
Code or a substantially
similar municipal ordinance and to pay for
ignition interlock
devices and electronic house
arrest equipment for persons who
violate that section, and this share shall
be paid to the credit
of the fund that pays the cost of
incarceration. The balance of
the fine shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
penalties imposed under division (A)(7)(a) of this
section and
all other penalties provided by law and subject to
section
4503.235 of the Revised Code, shall order the
immobilization
for
one hundred eighty days of the vehicle the
offender was operating
at the time of the offense and the
impoundment for one hundred
eighty days of the identification
license plates of that vehicle.
The order for the immobilization
and impoundment shall be issued
and enforced in accordance with
section 4503.233 of the Revised
Code. (8)(a)(i) If, within six years of the offense, the
offender
has been convicted of or pleaded guilty to three or more
violations of division (A) or (B) of section 4511.19 of the
Revised Code, a municipal ordinance relating to operating a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, a municipal ordinance relating to
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine, section 2903.04 of the Revised
Code
in a case in which the offender was subject to the sanctions
described in division (D) of that section, section 2903.06,
2903.07, or 2903.08 of the Revised Code or a municipal
ordinance
that is substantially similar to section 2903.07 of the Revised
Code in a case in which the jury or judge found that the offender
was under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or a statute of the United States or
of any
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to
division
(A) or
(B) of section 4511.19 of the Revised Code,
and if
sentence is not required to be imposed
under division
(A)(8)(a)(ii) of this
section, the offender is guilty of a felony
of
the fourth degree
and, notwithstanding
division (A)(4) of
section 2929.14 of the Revised
Code, may be
sentenced to a
definite prison term that shall be not less than six
months and
not more than thirty months.
The court shall sentence the
offender in accordance
with sections 2929.11 to 2929.19 of the
Revised Code and
shall impose
as part of the sentence either a
mandatory term of local incarceration of one
hundred
twenty
consecutive days of imprisonment in accordance with division
(G)(1)
of section 2929.13 of the Revised Code
or a mandatory
prison
term of one hundred twenty consecutive days of imprisonment
in
accordance with division (G)(2) of that section. If the court
requires the offender to serve a mandatory term of local
incarceration of
one hundred twenty consecutive days of
imprisonment in
accordance with division (G)(1) of section 2929.13
of the
Revised
Code,
the court, pursuant
to section
2929.17 of the
Revised Code, may impose upon the
offender a sentence that
includes a term of electronically monitored house
arrest, provided
that the term of electronically monitored house arrest shall
not
commence until after the offender has served the mandatory term of
local
incarceration. (ii) 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, regardless of when the prior violation
and the prior
conviction or guilty plea occurred, the offender is guilty of a
felony of the
third degree. The
court shall sentence the offender
in accordance with sections
2929.11 to 2929.19 of the Revised Code
and shall impose as part of
the sentence a mandatory prison term
of one hundred twenty consecutive
days of imprisonment in
accordance with division (G)(2) of
section 2929.13 of the Revised
Code. (iii) In addition to all other sanctions imposed on an
offender
under division (A)(8)(a)(i) or
(ii) of this section, the
court shall impose upon
the offender, pursuant to section 2929.18
of the Revised
Code, a
fine of not less than eight hundred nor
more than ten
thousand dollars. In addition to any other sanction that it imposes upon
the
offender under division (A)(8)(a)(i)
or (ii) of this section, the
court shall
require the offender to attend
an alcohol
and drug
addiction program authorized by section 3793.02 of the
Revised
Code. The cost of the treatment shall be paid by
the
offender.
If the court determines that the offender is unable to
pay the
cost of attendance at the treatment program, the
court may order
that payment of the cost of the offender's
attendance at the
treatment program be made from the court's
indigent drivers
alcohol treatment fund. Of the fine imposed pursuant to this division, two hundred
ten dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
The agency shall use this share to pay only
those costs it incurs
in enforcing section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and in
informing the
public of the laws governing operation of a motor
vehicle while
under the influence of alcohol, the dangers of
operation of a
motor vehicle while under the influence of
alcohol, and other
information relating to the operation of a
motor vehicle and the
consumption of alcoholic beverages. Four
hundred forty dollars of
the fine imposed pursuant to this
division shall be paid to the
political subdivision that pays the cost of
housing the offender
during the offender's term of
incarceration. The political
subdivision shall use this
share to pay or
reimburse incarceration
or treatment costs it incurs in housing or providing
drug and
alcohol treatment to persons who
violate section 4511.19 of the
Revised Code or a
substantially similar municipal ordinance and to
pay for ignition
interlock devices and electronic house arrest
equipment for
persons who violate that section, and this share
shall be paid to the credit
of the fund that pays the cost of
incarceration. The balance of
the fine shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
sanctions imposed under division (A)(8)(a) of this
section and
all other sanctions provided by law and subject to
section
4503.235 of the Revised Code, shall order the criminal
forfeiture
to the state of the vehicle the offender was operating
at the
time of the offense. The order of criminal forfeiture
shall be
issued and enforced in accordance with section 4503.234
of the
Revised Code. (c) As used in division (A)(8)(a) of
this section,
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section
2929.01 of the
Revised Code. (d) If title to a motor vehicle that is subject to an order
for
criminal
forfeiture under this section is assigned or
transferred and division
(C)(2)
or (3) of section 4503.234 of the
Revised Code applies, in
addition to or
independent of any other
penalty established by law, the court may fine the
offender the
value of the vehicle as determined by publications of the
national
auto dealer's association. The proceeds from any fine imposed
under
this division shall be distributed in accordance with
division (D)(4)
of section 4503.234 of the Revised Code. (9)(a) Except as provided in division (A)(9)(b) of this
section, upon a showing that imprisonment would seriously affect
the ability of an offender sentenced pursuant to division (A)(1),
(2), (3), (4), (5), (6), (7), or (8) of this section to continue
the
offender's
employment, the
court may authorize that the
offender be granted work release
from imprisonment after the
offender has served the three, six, ten, twenty,
thirty, or sixty
consecutive days of imprisonment or the
mandatory term of local
incarceration of sixty or one hundred twenty
consecutive days that
the
court
is required by division (A)(1), (2), (3), (4), (5), (6),
(7), or (8) of this
section to impose. No court shall authorize
work release from
imprisonment during the three, six, ten, twenty,
thirty, or sixty consecutive
days of imprisonment or the mandatory
term of local incarceration or
mandatory prison term of sixty or
one hundred twenty consecutive
days that the court is required by
division
(A)(1), (2), (3), (4), (5), (6), (7), or (8) of this
section to impose. The
duration
of the work release shall not
exceed the time necessary each day
for the offender to commute to
and from the place of employment
and the place of imprisonment and
the time actually spent under
employment. (b) An offender who is sentenced pursuant to division
(A)(2), (3), (6), or (7) of this section to a term of imprisonment
followed
by a period of electronically monitored house arrest is
not
eligible for work release from imprisonment, but that person
shall be permitted work release during the period of
electronically monitored house arrest. The duration of the work
release shall not exceed the time necessary each day for the
offender to commute to and from the place of employment and the
offender's home or other place specified by the sentencing court
and the
time actually spent under employment. (10) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence, the placement of an offender in any treatment
program
in
lieu of imprisonment, or the use of a community control sanction
for an
offender convicted of a felony, no court shall suspend the
ten, twenty, thirty, or sixty
consecutive days of imprisonment
required to be imposed on an
offender by division (A)(2), (3),
(6),
or (7) of this section, no court shall place an
offender who
is sentenced pursuant to division (A)(2), (3),
(4), (6), (7), or
(8) of this section in any
treatment program in lieu of
imprisonment until after the offender has served the ten,
twenty,
thirty, or sixty consecutive
days of imprisonment or the mandatory
term of
local incarceration or mandatory prison term
of sixty or
one hundred twenty consecutive days required to be imposed
pursuant to division (A)(2), (3), (4), (6), (7),
or (8) of this
section, no court that
sentences an offender under division (A)(4)
or (8) of this
section shall
impose any sanction other than a
mandatory term of local incarceration or
mandatory prison term to
apply to the
offender until after the offender has served the
mandatory term of local
incarceration or mandatory prison term of
sixty or one hundred twenty consecutive days required to be
imposed
pursuant to division
(A)(4) or (8) of this section, and no
court that imposes a sentence of imprisonment and a period of
electronically monitored house arrest upon an offender under
division (A)(2), (3), (6), or (7) of
this section shall suspend
any portion
of the sentence or place the offender in any treatment
program in
lieu of imprisonment or electronically monitored house
arrest.
Notwithstanding any section of the Revised Code that
authorizes
the suspension of the imposition or execution of a
sentence or
the placement of an offender in any treatment program
in lieu of
imprisonment, no court, except as specifically
authorized by
division (A)(1) or (5) of this section, shall
suspend the
three or more consecutive days of imprisonment
required to be
imposed by
division (A)(1) or (5) of this section
or place an offender
who is
sentenced pursuant to division (A)(1)
or (5) of this section
in any treatment program in lieu of
imprisonment until after the
offender has served the three or more
consecutive days of imprisonment
required to be imposed pursuant
to division (A)(1) or (5) of
this section. (11) No court shall sentence an offender to an alcohol
treatment program pursuant to division (A)(1), (2), (3), (4),
(5),
(6), (7), or (8)
of this section unless the treatment program
complies with the
minimum standards adopted pursuant to Chapter
3793. of the
Revised Code by the director of alcohol and drug
addiction
services. (12) No court shall impose the alternative sentence of a
term of imprisonment plus a term of electronically monitored house
arrest permitted to be imposed by division (A)(2), (3), (6),
or
(7) of this
section, unless within sixty days of the date of
sentencing, the
court issues a written finding, entered into the
record, that due
to the unavailability of space at the
incarceration facility
where the offender is required to serve the
term of imprisonment
imposed upon the offender, the offender will
not be able to
commence
serving the term of imprisonment within
the sixty-day period
following the date of sentencing. If the
court issues such a
written finding, the court may impose the
alternative sentence
comprised
of a term of imprisonment and a
term of electronically monitored
house arrest permitted to be
imposed by division (A)(2),
(3), (6), or (7) of this section. (B) Whoever violates section 4511.192, 4511.251, or
4511.85
of the Revised Code is guilty of a misdemeanor of the
first
degree. The court, in addition to or independent of all
other
penalties provided by law, may suspend for a period not to
exceed
one year the driver's or commercial driver's license or
permit or
nonresident operating privilege of any person who
pleads guilty to
or is convicted of a violation of section
4511.192 of the Revised
Code. (C) Whoever violates section 4511.63, 4511.76, 4511.761,
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is
guilty of one of the following: (1) Except as otherwise provided in division (C)(2) of
this
section, a minor misdemeanor. (2) If the offender previously has been convicted of
or
pleaded guilty to one or more violations of
section 4511.63,
4511.76,
4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the
Revised
Code or a municipal ordinance that is substantially
similar to
any of those sections, a
misdemeanor
of the fourth
degree. (D)(1) Whoever violates any provision of sections 4511.01
to
4511.76 or section 4511.84 of the Revised Code, for which no
penalty otherwise is provided in this section is guilty of one of
the following: (a) Except as otherwise provided in division
(D)(1)(b),
(1)(c), (2), (3), or (4) of this
section, a minor misdemeanor; (b) If, within one year of the offense, the offender
previously has been convicted of
or pleaded guilty to one
violation of any provision of
sections
4511.01 to 4511.76 or
section 4511.84 of the Revised Code for
which no penalty otherwise
is provided in this section or a
municipal ordinance that is
substantially similar to any
provision of sections 4511.01 to
4511.76 or section 4511.84 of
the Revised Code for which no
penalty otherwise is provided in
this section, a
misdemeanor of
the fourth
degree; (c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to two or more
violations of any provision described in division (D)(1)(b)
of
this section or any municipal ordinance that is substantially
similar to any of those provisions, a misdemeanor of the third
degree. (2) When any person is found guilty of a first offense for
a
violation of section 4511.21 of the Revised Code upon a finding
that the person operated a motor vehicle faster than
thirty-five
miles an
hour in a business district of a municipal corporation,
or faster
than fifty miles an hour in other portions, or faster
than
thirty-five miles an hour while passing through a school zone
during recess or while children are going to or leaving school
during the opening or closing hours, the person is guilty of a
misdemeanor of the fourth degree. (3) Notwithstanding section 2929.21 of the Revised Code,
upon a finding that such person operated a motor vehicle in a
construction zone where a sign was then posted in accordance with
section 4511.98 of the Revised Code, the court, in addition to
all
other penalties provided by law, shall impose a fine of two
times
the usual amount imposed for the violation. No court shall
impose
a fine of two times the usual amount imposed for the
violation
upon an offender who alleges, in an affidavit filed
with the court
prior to the offender's sentencing, that the offender is
indigent
and is unable to pay the fine imposed pursuant to this division,
provided the court determines the offender is an indigent person
and is unable to pay the fine. (4) Notwithstanding section 2929.21 of the Revised
Code,
upon a
finding that a person operated a motor vehicle in violation
of division
(C) of section
4511.213 of the Revised Code, the
court, in
addition to all other penalties provided by law, shall
impose a fine of
two times the usual amount imposed for the
violation. (E) Whenever a person is found guilty in a court of record
of a violation of section 4511.761, 4511.762, or 4511.77 of the
Revised Code, the trial judge, in addition to or independent of
all other penalties provided by law, may suspend for any period
of
time not exceeding three years, or revoke the license of any
person, partnership, association, or corporation, issued under
section 4511.763 of the Revised Code. (F) Whoever violates division (E) or (F) of section
4511.51,
division (A), (D), or (E) of section 4511.521, section
4511.681,
division (A) or (C) of section 4511.69, section
4511.772, or
division (A) or (B) of section 4511.82 of the
Revised Code is
guilty of a minor misdemeanor. (G) Whoever violates division (A) of section 4511.75 of
the
Revised Code may be fined an amount not to exceed five
hundred
dollars. A person who is issued a citation for a
violation of
division (A) of section 4511.75 of the Revised Code
is not
permitted to enter a written plea of guilty and waive the person's
right to contest the citation in a trial, but instead must appear
in person in the proper court to answer the charge. (H)(1) Whoever is a resident of this state and violates
division (A) or (B) of section 4511.81 of the Revised Code shall
be punished as follows: (a) Except as otherwise provided in division (H)(1)(b) of
this section, the
offender is guilty of a
minor misdemeanor. (b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (A) or (B) of section
4511.81 of the
Revised Code or of a municipal
ordinance that is
substantially similar to either of those
divisions, the offender
is guilty of a misdemeanor of the fourth
degree. (2) Whoever is not a resident of this state, violates
division (A) or (B) of section 4511.81 of the Revised Code, and
fails to prove by a preponderance of the evidence that the
offender's use or nonuse of a child restraint system was in
accordance
with the law
of the state of which the offender is a
resident is guilty of
a minor
misdemeanor on a first offense; on a
second or subsequent
offense, that person is guilty of a
misdemeanor of the fourth
degree. (3) All fines imposed pursuant to
division (H)(1) or (2) of
this section shall be forwarded to the
treasurer of state for
deposit in the "child highway safety fund"
created by division (G)
of section 4511.81 of the Revised Code. (I) Whoever violates section 4511.202 of the Revised Code
is
guilty of operating a motor vehicle without being in control
of
it, a minor misdemeanor. (J) Whoever violates division (B) of section 4511.74,
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of
section 4511.83 of the Revised Code is guilty of a misdemeanor of
the first degree. (K) Except as otherwise provided in this division, whoever
violates division (E) of section 4511.11, division (A) or (C) of
section 4511.17, or section 4511.18 of the Revised Code is guilty
of a misdemeanor of the third degree. If a violation of division
(A) or (C) of section 4511.17 of the Revised Code creates a risk
of physical harm to any person, the offender is guilty of a
misdemeanor of the first degree. A violation of division (A) or
(C) of section 4511.17 of the Revised Code that causes serious
physical harm to property that is owned, leased, or controlled by
a state or local authority is a felony of the fifth
degree. (L) Whoever violates division (H) of section 4511.69 of
the
Revised Code shall be punished as follows: (1) Except as otherwise provided in
division (L)(2) of this
section, the offender shall be
issued a warning. (2) If the offender previously has been convicted of or
pleaded guilty to a violation of division (H) of section 4511.69
of the Revised Code or of a municipal ordinance that is
substantially similar to that division, the offender shall not be
issued a
warning but shall be fined twenty-five dollars for each
parking location
that is not
properly marked or whose markings are
not properly maintained. (M) Whoever violates division (A)(1) or (2) of section
4511.45 of the Revised Code is guilty of a misdemeanor of the
fourth degree on a first offense; on a second offense within one
year after the first offense, the person is guilty of a
misdemeanor of the third degree; and on each subsequent offense
within one year after the first offense, the person is guilty of
a
misdemeanor of the second degree. (N)(1) Whoever violates division (B) of section 4511.19
of
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: (a) Except as otherwise provided in division
(N)(1)(b) of
this section, the offender is guilty of
a misdemeanor of the
fourth degree. (b) The offender is guilty of a misdemeanor of the third
degree
if, within one year of the offense, the offender has
been
convicted of or pleaded guilty to any violation of the
following: (i) Division
(A) or (B) of section 4511.19 of the Revised
Code; (ii) 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; (iii) A municipal ordinance relating to operating a vehicle
with
a prohibited concentration of alcohol in the blood, breath,
or
urine; (iv) 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; (v) 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; (vi) Division (A)(2), (3), or (4) of section
2903.06 or
division (A)(2) of section 2903.08
of the
Revised Code or a
municipal ordinance that is substantially
similar to any of those
divisions, or former section
2903.07 of the Revised Code or
a
substantially similar municipal ordinance, 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; (vii) 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) In addition to or independent of all other penalties
provided by law, the offender's driver's or commercial driver's
license or permit or nonresident operating privilege shall be
suspended in accordance with, and for the period of time
specified
in, division (E) of section 4507.16 of the Revised
Code. (O) Whoever violates section 4511.62 of the Revised
Code is
guilty of a misdemeanor of the fourth degree. (P) Whoever violates division
(F)(1)(a) or (b) of section
4511.69
of the Revised
Code is guilty of a misdemeanor
and shall
be fined not less than two hundred fifty nor more than five
hundred
dollars, but in no
case shall an offender be sentenced to
any term of
imprisonment. Arrest or conviction for a violation of division
(F)(1)(a) or
(b) of section 4511.69
of the Revised
Code does not constitute a
criminal record and need not be reported by the person so
arrested
or convicted in response to any inquiries contained in
any
application for employment, license, or other right or
privilege,
or made in connection with the person's appearance as
a witness. Every fine collected under this division shall be paid by the
clerk of the
court to the political subdivision in which the
violation occurred.
Except as provided in this division, the
political subdivision shall use the
fine moneys it receives under
this division to pay the expenses it incurs in
complying with
the
signage and notice requirements contained in division (E) of
section 4511.69 of the Revised Code. The political subdivision
may use up to fifty per cent of each fine it receives under this
division to pay the costs of educational, advocacy, support, and
assistive technology programs for persons with disabilities, and
for
public improvements within the political subdivision that
benefit
or assist persons with disabilities, if governmental
agencies or
nonprofit organizations offer the programs.
(Q) Whoever violates section 4511.741 of the Revised Code is
guilty of a felony of the fifth degree.
Sec. 5579.11. (A) There is hereby created in the state
treasury the highway, bridge, and overpass vandal fence fund
consisting of fines imposed under section 2152.19 of the Revised
Code. The department of transportation shall use the money in the
fund to pay the cost of installing fences on highways, bridges,
and overpasses that are part of the state highway system to
prevent the dropping, throwing, hoisting, or transferring of
objects from those locations.
The department shall expend all such fines in the department
of transportation district in which occurred the violation of
section 4511.741 of the Revised Code or a substantially similar
municipal ordinance that was the basis for the contempt of court
charge that resulted in the imposition of the fine.
Section 2. That existing sections 2151.28, 2151.35, 2152.19,
2152.21, 2705.05, and 4511.99 of the Revised Code are hereby
repealed.
Section 3. Section 2151.28 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
Sub. S.B. 179 and Sub. S.B. 218 of
the 123rd General
Assembly.
Section 2151.35 of the Revised Code, scheduled
to take effect
January 1, 2002, is
presented in
this act as a
composite of the
section as amended by
both Am. Sub. S.B. 179 and
Sub. S.B. 218 of
the 123rd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 4. There is hereby created the Highway, Bridge, and
Overpass Vandal Fence Task Force, consisting of the Governor or
the Governor's designee, one person appointed by the Director of
Transportation, one person appointed by the Superintendent of the
State Highway Patrol, one person appointed by the Buckeye State
Sheriffs Association, one person appointed by the Ohio Association
of Chiefs of Police, and three members of the public appointed by
the Governor. The Governor or the Governor's designee shall be
chairperson of the Task Force, and the Task Force members shall
elect a vice-chairperson from among their members and appoint a
secretary, who need not be a member of the Task Force. A vacancy
shall be filled in the same manner as the original appointment.
Members of the Task Force shall not receive a salary, but the
three Task Force members the Governor appoints shall be reimbursed
for the actual expenses they incur in performing their duties as
Task Force members. The Task Force shall do all of the following: (A) Develop an awareness program with local law enforcement
officials and the Ohio Department of Transportation relative to
the problem of objects thrown from highways, bridges, and
overpasses; (B) Review and evaluate the overall situation regarding
objects thrown from highways, bridges, and overpasses, including
the types and number of objects thrown yearly, the perpetrators
involved, the locations within this state where such throwing has
occurred, and any other aspects of this criminal activity the Task
Force determines to be relevant and significant; (C) Facilitate communication between the Ohio Department of
Transportation and law enforcement agencies by developing a
central computer system to track these incidents; (D) Examine the value of the improved safety resulting from
the installation of vandal fences on all bridges and overpasses on
interstate freeways relative to the cost of such installation. The Task Force shall compile its findings and formulate
recommendations and report these to a joint House of
Representatives and Senate Transportation Committee not later than
September 30, 2003. The joint committee shall consist of eight
members, four from the Senate appointed by the President of the
Senate and four from the House of Representatives appointed by the
Speaker. After the Task Force presents its report, the Governor
may declare the end to the existence of the Task Force or may
declare that the Task Force will remain in existence for such
additional time as the Governor determines necessary. If the
Governor declares that the Task Force will remain in existence,
the Task Force shall examine any issues relating to the throwing
of objects from highways, bridges, and overpasses that the Task
Force chooses to examine, until the Governor declares the end to
the existence of the Task Force.
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