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Am. Sub. H. B. No. 163As Passed by the SenateAs Passed by the Senate
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Oelslager, Olman, Hagan, Raussen, Williams, Barrett, D. Evans, C. Evans, Fessler, Latta, McGregor, Perry, Hollister, Willamowski, Brown, Allen, Aslanides, Beatty, Boccieri, Buehrer, Calvert, Carmichael, Cates, Chandler, Cirelli, Clancy, Core, DeBose, DePiero, Distel, Domenick, Flowers, Gibbs, Gilb, Harwood, Hoops, Hughes, Husted, Jerse, Jolivette, Key, Koziura, Martin, Mason, Niehaus, Otterman, S. Patton, T. Patton, Price, Reidelbach, Reinhard, Schaffer, Schlichter, Schmidt, Schneider, Setzer, Skindell, D. Stewart, J. Stewart, Strahorn, Taylor, Trakas, Wagner, Webster, White, Widener, Wilson
SENATORS Austria, Harris, Hottinger, Padgett, Stivers, Spada, Jacobson, Nein
A BILL
To amend sections 1547.11, 1901.41, 2152.19, 2903.08, 2925.01, 2929.01, 2929.13, 2929.14, 2929.15, 2929.16, 2929.17, 2929.19, 2929.24, 2929.27, 4123.54, 4507.02, 4507.05, 4510.13, 4510.17, 4510.54, 4511.19, 4511.191, 4511.192, 4511.194, 4511.196, 4511.197, and 4513.39 and to
enact sections 1907.231, 2301.141, 2941.1413, and 2941.1414 of the
Revised Code and to amend Section 5 of Am. Sub. S.B. 123 of the 123rd General Assembly to provide an
additional prison term
or term of imprisonment for
certain repeat OVI or
OVUAC offenders; to provide an increased penalty for an OVI conviction if the offender refused to take a chemical test after being arrested for the offense and has a prior OVI or OVUAC conviction; to require municipal, county, and common pleas court clerks to retain admissible evidence of criminal convictions for fifty years after the entry of judgment of that conviction; to give the police force of a township with a population of greater than fifty thousand the same authority to make arrests for specified traffic offenses on interstate highways as now exists for the police force of a township with a population greater than sixty thousand; to increase the penalty for vehicular assault when the offender also fails to stop at the scene of the accident resulting in that offense; to modify the definition of "committed in the vicinity of a school" in the Controlled Substance Law to specify that it is irrelevant whether the person who engages in the prohibited conduct knows that conduct is being committed on school premises, in a school building, or within 1,000 feet of any school premises; to specifically authorize continuous alcohol monitoring as a sanction in criminal and delinquent child cases; and to correct errors in and otherwise modify certain provisions that contain some of the Ohio Criminal Sentencing Commission's traffic law revisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1547.11, 1901.41, 2152.19, 2903.08, 2925.01, 2929.01, 2929.13, 2929.14, 2929.15, 2929.16, 2929.17, 2929.19, 2929.24, 2929.27, 4123.54, 4507.02, 4507.05, 4510.13, 4510.17, 4510.54, 4511.19, 4511.191, 4511.192, 4511.194, 4511.196, 4511.197, and 4513.39 be
amended and sections 1907.231, 2301.141, 2941.1413, and 2941.1414 of the
Revised Code
be enacted to read as follows:
Sec. 1547.11. (A) No person shall operate or be in physical
control of any vessel underway or shall manipulate any water
skis,
aquaplane, or similar device on the waters in this state if,
at
the time of the operation, control, or manipulation, any of
the
following
applies: (1) The person is under the influence of alcohol, a drug
of
abuse, or
a combination of them. (2) The person has a concentration of eight-hundredths of
one
per cent or more by weight of alcohol
per unit volume in the
person's
whole blood. (3)
The person has a concentration of ninety-six-hundredths ninety-six-thousandths of
one per cent or
more by weight per unit volume of alcohol in the
person's blood serum or
plasma. (4) The person has a concentration of eleven-hundredths
of
one gram or more by weight of alcohol per one hundred
milliliters
of the person's urine. (5) The person has a concentration of eight-hundredths of
one
gram or more by weight of alcohol per two hundred ten liters
of
the person's breath. (B) No person under twenty-one years of age shall operate or
be in
physical control of any vessel underway or shall manipulate
any water skis,
aquaplane, or similar device on the waters in this
state if,
at
the time of the operation, control, or manipulation,
any of the
following applies: (1) The person has a concentration of at least
two-hundredths of one per
cent, but less than eight-hundredths of
one per cent by weight
per unit
volume of alcohol in the
person's
whole blood. (2)
The person has a concentration of at least
three-hundredths of one per
cent but less than ninety-six-hundredths ninety-six-thousandths of one per cent by weight per unit volume
of alcohol in the
person's blood serum or plasma. (3) The person has a concentration of at least twenty-eight
one-thousandths of one gram, but less than eleven-hundredths of
one gram by
weight of alcohol per one hundred milliliters of the
person's
urine. (4) The person has a concentration of at least
two-hundredths of one gram,
but less than eight-hundredths of one
gram by weight of alcohol per two hundred
ten liters of the
person's breath. (C) In any proceeding arising out of one incident, a person
may
be charged with a violation of division (A)(1) and a violation
of
division (B)(1), (2),
(3),
or
(4) of this
section, but the
person shall
not be convicted of more than one violation of those
divisions. (D)(1) In any criminal prosecution
or juvenile court
proceeding for a violation of
division (A) or (B) of this
section
or
for an equivalent
violation, the court may admit evidence on
the concentration of
alcohol,
drugs of abuse,
or a
combination of
them in the
defendant's
or child's whole blood,
blood serum or
plasma, urine,
or
breath at the time of the alleged violation as
shown by
chemical
analysis of the
substance
withdrawn, or
specimen taken
within
two hours of the
time of the alleged
violation. When a person submits to a blood test, only a physician,
a
registered nurse, or
a qualified technician,
chemist,
or
phlebotomist shall
withdraw blood for the purpose of determining
the alcohol, drug,
or alcohol and drug
content
of
the whole
blood,
blood serum, or blood plasma. This
limitation
does not
apply to
the taking
of breath or urine specimens. A
person
authorized to
withdraw blood
under this division may refuse
to
withdraw blood
under
this division
if, in
that person's
opinion, the
physical
welfare of the
defendant or
child would be
endangered by
withdrawing
blood. The
whole blood,
blood serum or plasma, urine, or breath
shall be analyzed in accordance
with methods approved by the
director of health by an individual
possessing a valid permit
issued by the director
pursuant to section 3701.143 of the Revised
Code. (2)
In a criminal prosecution or juvenile court
proceeding
for a violation of division (A) of this section or for
a
violation
of a prohibition that is substantially equivalent to
division
(A)
of this section, if there was at the time the
bodily substance was
taken a
concentration of
less than
the
applicable concentration
of
alcohol specified
for a
violation of
division (A)(2), (3), (4),
or
(5) of this
section,
that fact may
be considered with other
competent evidence
in
determining the
guilt or innocence of the
defendant
or in making
an
adjudication
for the child.
This
division
does not limit or
affect a
criminal
prosecution or
juvenile court
proceeding for a
violation of
division
(B) of this
section or for
a violation of a
prohibition
that is
substantially
equivalent to
that division. (3) Upon the request of the person who was tested, the
results
of the
chemical test shall be made available to the person
or the
person's attorney
immediately upon
completion
of the test
analysis. The person tested may have a physician,
a registered nurse,
or
a qualified technician, chemist,
or
phlebotomist of the
person's own
choosing administer
a chemical test or tests in
addition to any administered at the
direction of a law enforcement
officer, and shall be so advised.
The failure or inability to
obtain an additional test by a person
shall not preclude the
admission of evidence relating to the test
or tests taken at the
direction of a law enforcement officer. (E)(1) In any criminal prosecution or juvenile court
proceeding for a violation of division (A) or (B) of this section
or for an equivalent violation, if a law enforcement officer has
administered a field
sobriety test to the operator or person found
to be in physical
control of the vessel underway involved in the
violation or the
person manipulating the water skis, aquaplane, or
similar device
involved in the violation and if it is shown by
clear and convincing evidence that the officer
administered the
test
in substantial compliance with the testing
standards for
reliable, credible, and generally accepted field
sobriety tests
for vehicles that were in effect at the time the
tests were
administered, including, but not limited to, any
testing standards
then in effect that have been set by the
national
highway traffic
safety administration, that by their
nature are not
clearly
inapplicable regarding the operation or
physical control
of
vessels underway or the manipulation of water
skis, aquaplanes,
or
similar devices, all of the following apply:
(a) The officer may testify concerning the results of the
field sobriety test so administered.
(b) The prosecution may introduce the results of the field
sobriety test so administered as evidence in any proceedings in
the criminal prosecution or juvenile court proceeding. (c) If testimony is presented or evidence is introduced under
division (E)(1)(a) or (b) of this section and if the testimony or
evidence is admissible under the Rules of Evidence, the court
shall admit the testimony or evidence, and the trier of fact shall
give it whatever weight the trier of fact considers to be
appropriate.
(2) Division (E)(1) of this section does not limit or
preclude a court, in its determination of whether the arrest of a
person was supported by probable cause or its determination of any
other matter in a criminal prosecution or juvenile court
proceeding of a type described in that division, from considering
evidence or testimony that is not otherwise disallowed by division
(E)(1) of this section. (F)(1)
Subject to division
(F)(3) of this section, in
any
criminal prosecution or juvenile court proceeding for a violation
of this
section or for an equivalent violation, the court shall
admit as prima-facie
evidence a laboratory report from any
forensic laboratory
certified by the department of health that
contains an analysis of
the whole blood, blood serum or plasma,
breath, urine, or other
bodily substance tested and that contains
all of the information
specified in this division. The laboratory
report shall contain
all of the following: (a) The signature, under oath, of any person who performed
the
analysis; (b) Any findings as to the identity and quantity of alcohol,
a
drug of abuse, or a combination of them that was found; (c) A copy of a notarized statement by the laboratory
director or
a designee of the director that contains the name of
each certified analyst or
test performer involved with the
report,
the analyst's or test performer's employment relationship
with the
laboratory that issued the report, and a notation that
performing
an analysis of the type involved is part of the
analyst's or test
performer's regular duties; (d) An outline of the analyst's or test performer's
education,
training, and experience in performing the type of
analysis involved and a
certification that the laboratory
satisfies appropriate quality control standards in general and, in
this particular analysis, under rules of the department of health. (2) Notwithstanding any other provision of law regarding the
admission of
evidence, a report of
the type described in division
(F)(1) of this section is not
admissible against the
defendant
or
child to whom it pertains in any proceeding, other than a
preliminary
hearing or a grand jury proceeding, unless the
prosecutor has served a copy of the report on the
defendant's or
child's attorney or, if the defendant or child has no attorney,
on
the defendant or child. (3) A report of the type described in division
(F)(1) of
this
section shall not be prima-facie evidence of the contents,
identity, or amount of any substance if, within seven days after
the defendant or child to whom the report pertains or the
defendant's
or child's attorney receives a copy of the report, the
defendant or child or
the defendant's or child's attorney demands
the testimony of the person who
signed the report. The judge in
the case may extend the seven-day
time limit in the interest of
justice. (G) Except as otherwise provided in this division, any
physician, registered nurse, or qualified technician,
chemist,
or
phlebotomist who withdraws blood from a person
pursuant to this
section, and a hospital, first-aid station, or clinic at which
blood is withdrawn from a person pursuant to this section, is
immune from criminal
and
civil liability
based upon a claim of
assault and battery or
any
other
claim that is not
a claim of
malpractice, for
any
act performed in withdrawing blood from the
person.
The immunity
provided in this division is not available to
a person who
withdraws blood if the person engages in willful or
wanton
misconduct. (H)
As used in this
section
and section 1547.111 of the
Revised Code: (1)
"Equivalent violation" means a violation of a municipal
ordinance, law
of another state, or law of the United States that
is
substantially equivalent to division (A) or (B) of this
section. (2)
"National highway traffic safety administration" has the
same meaning as in section 4511.19 of the Revised Code. (3)
"Operate" means that a
vessel is being used on the
waters
in this state when the vessel is not
securely affixed to a
dock or
to shore or to any permanent structure to which
the vessel
has the
right to affix or that a vessel is not anchored in a
designated
anchorage area or boat camping area that is established
by the
United States coast guard, this state, or a political
subdivision
and in which the vessel has the right to anchor.
Sec. 1901.41. (A) Notwithstanding section 149.39 of the
Revised Code and subject to division (E) of this section, each municipal court, by rule, may order the
destruction or other disposition of the files of cases that have
been finally disposed of by the court for at least five years as
follows: (1) If a case has been finally disposed of for at least
five years, but less than fifteen years prior to the adoption of
the rule of court for destruction or other disposition of the
files, the court may order the files destroyed or otherwise
disposed of only if the court first complies with division (B)(1)
of this section; (2) If a case has been finally disposed of for fifteen
years or more prior to the adoption of the rule of court for
destruction or other disposition of the files, the court may
order the files destroyed or otherwise disposed of without having
copied or reproduced the files prior to their destruction. (B)(1) Except as otherwise provided in this division, all
files destroyed or otherwise disposed of under division (A)(1) of
this section shall be copied or reproduced prior to their
destruction or disposition in the manner and according to the
procedure prescribed in section 9.01 of the Revised Code. The
copies or reproductions of the files made pursuant to section
9.01 of the Revised Code shall be retained and preserved by the
court for a period of ten years after the destruction of the
original files in accordance with this section, after which the
copies or reproductions themselves may be destroyed or otherwise
disposed of. Files destroyed or otherwise disposed of under division
(A)(1) of this section that are solely concerned with criminal
prosecutions for minor misdemeanor offenses or that are concerned
solely with minor misdemeanor traffic prosecutions do not have to be copied or
reproduced in any manner or under any procedure prior to their
destruction or disposition as provided in this section. (2) Files destroyed or otherwise disposed of under
division (A)(2) of this section do not have to be copied or
reproduced in any manner or under any procedure prior to their
destruction or disposition. (C) Nothing in this section permits or shall be construed
as permitting the destruction or other disposition of the files
in the Cleveland municipal court of cases involving the following
actions and proceedings: (1) The sale of real property in an action to foreclose
and marshal all liens on the real property; (2) The sale of real property in an action to foreclose a
mortgage on the real property; (3) The determination of rights in the title to real
property either in the form of a creditor's bill or in any other
action intended to determine or adjudicate the right, title, and
interest of a person or persons in the ownership of a parcel or
parcels of real property or any interest therein. (D) All dockets, indexes, journals, and cash books of the
court shall be retained and preserved by the court for at least
twenty-five years unless they are reproduced in the manner and
according to the procedure prescribed in section 9.01 of the
Revised Code, in which case the reproductions shall be retained
and preserved by the court at least until the expiration of the
twenty-five year period for which the originals would have had to
have been retained. Court dockets, indexes, journals, and cash
books, and all other court records also shall be subject to
destruction or other disposition under section 149.39 of the
Revised Code.
(E) Notwithstanding section 149.39 of the Revised Code, each clerk of a municipal court shall retain documentation regarding each criminal conviction and plea of guilty involving a case that is or was before the court. The documentation shall be in a form that is admissible as evidence in a criminal proceeding as evidence of a prior conviction and may be retained in any form authorized by section 9.01 of the Revised Code. The clerk shall retain this documentation for a period of fifty years after the entry of judgment in the case. This section shall apply to records currently retained and to records created on or after the effective date of this amendment.
Sec. 1907.231. Notwithstanding section 149.38 of the Revised Code, each clerk of a county court shall retain documentation regarding each criminal conviction and plea of guilty involving a case that is or was before the court. The documentation shall be in a form that is admissible as evidence in a criminal proceeding as evidence of a prior conviction and may be retained in any form authorized by section 9.01 of the Revised Code. The clerk shall retain this documentation for a period of fifty years after the entry of judgment in the case. This section shall apply to records currently retained and to records created on or after the effective date of this section.
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, including, but not limited to, a school, camp,
or facility operated under section 2151.65 of the Revised Code; (3)
Place the child in a detention
facility or district
detention facility operated under section
2152.41 of the Revised
Code, for up to ninety days; (4) 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 without electronic
monitoring or continuous alcohol monitoring; (k) A period of electronic monitoring or continuous alcohol monitoring without house arrest,
or
house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, that does not exceed the
maximum
sentence of imprisonment
that could be imposed upon an
adult who commits the same act. A period of house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, imposed
under
this division shall not extend beyond the child's
twenty-first birthday. If a
court
imposes a period of
house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, upon a
child under this
division, it shall require the child: to remain in the child's
home or
other specified premises for the entire period of
house arrest with electronic monitoring or continuous alcohol monitoring or both except when the court
permits the child to
leave those premises to go to school or to
other specified
premises;. Regarding electronic monitoring, the court also shall require the child 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 house
arrest with electronic monitoring, and
agreeing to waive the right to receive credit for any
time served
on house arrest with electronic monitoring 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
house arrest with electronic monitoring. 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
house arrest with electronic monitoring
or continuous alcohol monitoring or both toward any other dispositional
order imposed upon the child for
the act for which was imposed the
dispositional order of
house arrest with electronic monitoring or continuous alcohol monitoring. As used in this division and division (A)(4)(l) of this section, "continuous alcohol monitoring" has the same meaning as in section 2929.01 of the Revised Code. (l) A suspension of the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child
for a period of time prescribed by the court, or a
suspension
of the
registration of all motor vehicles
registered in
the name of the child
for a period of time prescribed by the
court. 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. (5) Commit the child to the custody of the
court; (6)
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; (7)(a) If a child is adjudicated a delinquent child for
being a
chronic truant or an a 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)
or (3) 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)(6) 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.
(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 5139.43 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
and for the
specified periods of time, 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)
If the child is adjudicated a delinquent child for
violating
section 2923.122 of the Revised Code,
impose a class
four suspension of the
child's license, permit, or privilege from
the range specified in
division (A)(4) of section 4510.02 of the
Revised Code or deny the
child the issuance of a license or permit
in accordance with
division
(F)(1) of section 2923.122 of
the
Revised Code. (2)
If 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,
suspend the child's license, permit, or
privilege for a period of time prescribed by the court. The court,
in its discretion, may terminate the suspension
if 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
a program
described in this division, the
court shall retain
the child's
temporary instruction permit, probationary
driver's license, or
driver's
license, and the
court shall return the permit or
license
if it terminates the
suspension as described in this
division. (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.
If an officer is preparing pursuant to section 2947.06 or
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the court shall make
available to the officer, for use in preparing the report, a copy
of any victim impact statement regarding that person. 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.
The copy of a victim impact statement that is made available
pursuant to this division to an officer preparing a criminal
presentence investigation report shall be returned to the court by
the officer immediately following its use in preparing the report. (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 a habitual truant who previously has been
adjudicated an
unruly child for being an 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, 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 a 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 that is not a registration-exempt sexually oriented offense or is a child-victim oriented offense, the court in the order
of disposition
shall do one of the following: (1) Require that the child be provided treatment as
described in division (A)(2) of section 5139.13 of the Revised
Code; (2) 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 encourage the
person,
organization,
or entity to provide that treatment.
Sec. 2301.141. Notwithstanding section 149.38 of the Revised Code, each clerk of a court of common pleas shall retain documentation regarding each criminal conviction and plea of guilty involving a case that is or was before the court. The documentation shall be in a form that is admissible as evidence in a criminal proceeding as evidence of a prior conviction and may be retained in any form authorized by section 9.01 of the Revised Code. The clerk shall retain this documentation for a period of fifty years after the entry of judgment in the case. This section shall apply to records currently retained and to records created on or after the effective date of this section. Sec. 2903.08. (A) No person, while operating or
participating in the operation of a motor vehicle, motorcycle,
snowmobile, locomotive, watercraft, or aircraft, shall
cause
serious physical harm to another person or another's unborn
in
either of the following ways: (1)(a) As the proximate result of committing a violation of
division
(A) of section 4511.19 of the Revised Code or of a
substantially
equivalent municipal ordinance;
(b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance. (B)(1) Whoever violates division (A)(1) of this
section is
guilty of aggravated
vehicular assault. Except as otherwise
provided in this
division, aggravated vehicular assault is a
felony of the
third degree.
Aggravated vehicular assault is a
felony of the second degree if any of the following apply: (a) At the time of the offense, the offender was driving under a suspension
imposed under Chapter
4510. or any other provision of
the Revised Code. (b) The offender previously has been convicted of or
pleaded guilty to a
violation of this
section. (c) The offender previously has been convicted of or pleaded guilty to
any traffic-related homicide,
manslaughter, or assault offense. (d) The offender previously has been convicted of or pleaded guilty to
three or more prior violations of
section 4511.19 of the Revised Code or a
substantially equivalent
municipal ordinance within the previous
six years. (e) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(f) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(g) The offender previously has been convicted of or pleaded guilty to three or more prior violations of any combination of the offenses listed in division (B)(1)(d), (e), or (f) of this section.
(h) The offender previously has been convicted of or pleaded guilty to a second or
subsequent felony violation of division (A)
of section 4511.19 of
the Revised Code. (2) In addition to any other sanctions imposed pursuant to division (B)(1) of this section, the court shall
impose upon the offender a class three suspension of the
offender's driver's license,
commercial driver's license,
temporary instruction permit, probationary
license, or nonresident
operating privilege
from the range
specified in division (A)(3)
of section
4510.02 of the Revised Code or,
if the offender
previously
has been convicted of or pleaded guilty to a violation
of this
section or any traffic-related homicide, manslaughter, or
assault
offense,
a class two suspension of the offender's
driver's license,
commercial
driver's license, temporary
instruction permit,
probationary license, or
nonresident operating
privilege from the
range specified in division
(A)(2) of that
section. (C) Whoever violates division (A)(2) of this section is
guilty of
vehicular assault. Except as otherwise provided in this
division, vehicular
assault is a felony of the fourth degree.
Vehicular assault is a felony of the third degree if, at the time
of the offense, the offender was driving under a suspension
imposed under Chapter
4510.
or any other
provision of the
Revised
Code or, if the offender
previously has been convicted of
or
pleaded guilty to a violation
of this section or any
traffic-related homicide, manslaughter, or
assault offense, or if, in the same course of conduct that resulted in the violation of division (A)(2) of this section, the offender also violated section 4549.02, 4549.021, or 4549.03 of the Revised Code.
In addition to any other sanctions imposed, the court shall
impose upon the offender a class four suspension of
the
offender's
driver's license,
commercial driver's license,
temporary
instruction permit, probationary
license, or nonresident
operating
privilege
from the
range specified in division (A)(4) of section
4510.02 of the
Revised Code
or, if the offender
previously
has
been convicted of or pleaded guilty to a violation of this
section
or any traffic-related homicide, manslaughter, or assault
offense,
a
class three suspension of the offender's driver's license,
commercial driver's
license, temporary instruction permit,
probationary license, or nonresident
operating privilege from the
range specified in division (A)(3)
of that
section. (D) The court shall impose a mandatory prison term on an
offender who
is convicted of or pleads guilty to a violation of
division (A)(1)
of this section. The court shall impose a
mandatory prison term on an
offender who is convicted of or pleads
guilty to a
violation of division (A)(2) of this section if either
of the
following applies: (1) The
offender previously has been convicted of or
pleaded
guilty to a violation of this section or section
2903.06 of the
Revised
Code. (2) At the time of the offense, the
offender was driving
under suspension under Chapter
4510. or any other provision
of
the
Revised Code. (E) As used in this section: (1)
"Mandatory prison term" has the same
meaning as in
section 2929.01 of the Revised Code. (2)
"Traffic-related homicide, manslaughter, or assault
offense"
has the same meaning as in section 2903.06 of the Revised
Code. (F) For the purposes of this section, when a penalty or
suspension is enhanced because of a prior or current violation of
a
specified law or a prior or current specified offense, the
reference to
the violation of the specified law or the specified
offense
includes any violation of any substantially equivalent
municipal
ordinance, former law of this state, or current or
former law of
another state or the United States.
Sec. 2925.01. As used in this chapter: (A)
"Administer,"
"controlled substance,"
"dispense,"
"distribute,"
"hypodermic,"
"manufacturer,"
"official written
order,"
"person,"
"pharmacist,"
"pharmacy,"
"sale,"
"schedule I,"
"schedule II,"
"schedule III,"
"schedule IV,"
"schedule V," and
"wholesaler" have the same meanings as in
section 3719.01 of the
Revised Code. (B)
"Drug dependent person" and
"drug of abuse" have the
same
meanings as in section 3719.011 of the Revised Code. (C)
"Drug,"
"dangerous drug,"
"licensed health professional
authorized to
prescribe
drugs," and
"prescription" have the same
meanings as in section
4729.01 of the Revised Code. (D)
"Bulk amount" of a controlled substance means any of
the
following: (1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III,
with the
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this
section,
whichever of the following is applicable: (a) An amount equal to or exceeding ten grams or
twenty-five
unit doses of a compound, mixture, preparation, or
substance that
is or contains any amount of a schedule I opiate
or opium
derivative; (b) An amount equal to or exceeding ten grams
of a
compound,
mixture, preparation, or substance that is or contains
any amount
of raw or gum opium; (c) An amount equal to or exceeding thirty
grams or ten
unit
doses of a compound, mixture, preparation, or substance that
is or
contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or
lysergic acid
amide, or a schedule I
stimulant or
depressant; (d) An amount equal to or exceeding twenty
grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound,
mixture,
preparation, or substance that is or contains any amount
of a
schedule II opiate or opium derivative; (e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is
or
contains any amount of phencyclidine; (f) An amount equal to or exceeding one hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified in a standard pharmaceutical reference manual of
a
compound, mixture, preparation, or substance that is or
contains
any amount of a schedule II stimulant that is in a final
dosage
form manufactured by a person authorized by the
"Federal
Food,
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21
U.S.C.A. 301, as
amended, and the federal drug abuse control
laws, as defined in
section 3719.01 of the Revised Code, that is or contains
any
amount of a schedule II depressant
substance or a schedule II
hallucinogenic substance; (g) An amount equal to or exceeding three
grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws. (2) An amount equal to or exceeding one
hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified
in a standard pharmaceutical reference manual of a
compound,
mixture,
preparation, or substance that is or contains
any amount of a
schedule
III or IV substance other than an
anabolic
steroid or a schedule III opiate or opium derivative; (3) An amount equal to or exceeding twenty grams or five
times the maximum
daily dose in the usual dose range specified in
a standard pharmaceutical
reference manual of a compound, mixture,
preparation, or substance that is
or contains any amount of a
schedule III opiate or opium derivative; (4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance; (5) An amount equal to or exceeding two
hundred solid
dosage
units, sixteen grams, or sixteen milliliters of a
compound,
mixture, preparation, or substance that is or contains
any amount
of a schedule III anabolic steroid. (E)
"Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and in a form that
indicates that it is
the amount or unit by which
the controlled substance is separately
administered to or taken by an
individual. (F)
"Cultivate" includes planting, watering, fertilizing,
or
tilling. (G)
"Drug abuse offense" means any of the following: (1) A violation of division (A) of section 2913.02 that
constitutes theft of drugs, or a violation of section 2925.02,
2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13,
2925.22, 2925.23, 2925.24, 2925.31,
2925.32, 2925.36, or
2925.37 of the Revised Code; (2) A violation of an existing or former law of this or
any
other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section; (3) An offense under an existing or former law of this or
any other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element; (4) A conspiracy to commit, attempt to commit, or complicity
in
committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section. (H)
"Felony drug abuse offense" means any drug abuse
offense
that would constitute a felony under the laws of this
state, any
other state, or the United States. (I)
"Harmful intoxicant" does not include beer or
intoxicating liquor but means any
of the following: (1) Any compound, mixture,
preparation,
or substance the gas,
fumes, or vapor of which when
inhaled can
induce intoxication,
excitement, giddiness,
irrational behavior,
depression,
stupefaction, paralysis,
unconsciousness,
asphyxiation, or other
harmful physiological
effects, and
includes, but is not limited
to, any of the
following: (a) Any volatile organic solvent, plastic cement, model
cement, fingernail polish remover, lacquer thinner, cleaning
fluid, gasoline, or other preparation containing a volatile
organic solvent; (b) Any aerosol propellant; (c) Any fluorocarbon refrigerant;
(J)
"Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production. (K)
"Possess" or
"possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found. (L)
"Sample drug" means a drug or pharmaceutical
preparation
that would be hazardous to health or safety if used
without the
supervision of a licensed health
professional authorized to
prescribe drugs, or a drug of abuse,
and that, at one time, had
been placed in a container plainly
marked as a sample by a
manufacturer. (M)
"Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of any of the
following reference works: (1)
"The National Formulary"; (2)
"The United States Pharmacopeia," prepared by
authority
of the United States Pharmacopeial Convention, Inc.; (3) Other standard references that are approved by the
state
board of pharmacy. (N)
"Juvenile" means a person under eighteen years of age. (O)
"Counterfeit controlled substance" means any of the
following: (1) Any drug that bears, or whose container or label
bears,
a trademark, trade name, or other identifying mark used
without
authorization of the owner of rights to that trademark,
trade
name, or identifying mark; (2) Any unmarked or unlabeled substance that is
represented
to be a controlled substance manufactured, processed,
packed, or
distributed by a person other than the person that
manufactured,
processed, packed, or distributed it; (3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance; (4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale. (P) An offense is
"committed in the vicinity of a school" if
the
offender commits the offense on school premises, in a school
building, or
within one thousand feet of the boundaries of any
school premises, regardless of whether the offender knows the offense is being committed on school premises, in a school building, or within one thousand feet of the boundaries of any school premises. (Q)
"School" means any school operated by a board of
education, any community school established under Chapter 3314. of the Revised Code, or any nonpublic school for which the state board of education
prescribes minimum standards under section 3301.07 of the Revised
Code, whether or not any instruction, extracurricular activities,
or training provided by the school is being conducted at the time
a criminal offense is committed. (R)
"School premises" means either of the following: (1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed; (2) Any other parcel of real property that is owned or
leased by a board of education of a school, the governing authority of a community school established under Chapter 3314. of the Revised Code, or the governing body
of a nonpublic school for which the state board of education prescribes
minimum standards under section 3301.07 of the Revised Code and
on
which some of the instruction, extracurricular activities, or
training of the school is conducted, whether or not any
instruction, extracurricular activities, or training provided by
the school is being conducted on the parcel of real property at
the time a criminal offense is committed. (S)
"School building" means any building in which any of
the
instruction, extracurricular activities, or training provided
by a
school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed. (T)
"Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the
Government
of the Bar of Ohio. (U)
"Certified grievance committee" means a duly
constituted
and organized committee of the Ohio state bar
association or of
one or more local bar associations of the state
of Ohio that
complies with the criteria set forth in Rule V,
section 6 of the
Rules for the Government of the Bar of Ohio. (V)
"Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (36) of
this
section and that qualifies a person as a professionally
licensed
person. (W)
"Professionally licensed person" means any of the
following: (1) A person who has obtained a license as a manufacturer
of
controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code; (2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has
registered
as a public accountant under Chapter 4701. of the
Revised Code and
who holds an Ohio permit issued under that
chapter; (3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code; (4) A person who is registered as a landscape architect
under Chapter 4703. of the Revised Code or who holds a permit as
a
landscape architect issued under that chapter; (5) A person licensed as an auctioneer or apprentice
auctioneer or licensed to operate an auction company under
Chapter
4707. of the Revised Code; (6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code; (7) A person licensed and regulated to engage in the
business of a debt pooling company by a legislative authority,
under authority of Chapter 4710. of the Revised Code; (8) A person who has been issued a cosmetologist's
license,
hair designer's license,
manicurist's license, esthetician's
license,
natural hair stylist's license, managing
cosmetologist's
license,
managing hair designer's license, managing manicurist's
license, managing
esthetician's
license,
managing natural hair
stylist's license, cosmetology
instructor's license,
hair design
instructor's license,
manicurist
instructor's license,
esthetics instructor's
license,
natural hair style instructor's
license, independent contractor's
license,
or tanning facility
permit under Chapter 4713. of the
Revised
Code; (9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate under Chapter 4715. of the Revised Code; (10) A person who has been issued an embalmer's license, a
funeral director's license, a funeral home license, or a crematory
license, or
who has been registered for an embalmer's or funeral
director's apprenticeship
under Chapter 4717. of the Revised Code; (11) A person who has been licensed as a registered nurse
or
practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code; (12) A person who has been licensed to practice optometry
or
to engage in optical dispensing under Chapter 4725. of the
Revised
Code; (13) A person licensed to act as a pawnbroker under
Chapter
4727. of the Revised Code; (14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code; (15) A person licensed as a pharmacist, a pharmacy
intern, a
wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code; (16) A person who is authorized to practice as a physician
assistant under
Chapter 4730. of the Revised Code; (17) A person who has been issued a certificate to
practice
medicine and surgery, osteopathic medicine and surgery,
a limited
branch of medicine, or podiatry under
Chapter 4731. of the Revised
Code; (18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code; (19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code; (20) A person who has been issued a license to
practice
chiropractic under Chapter 4734. of the Revised Code; (21) A person licensed to act as a real estate broker or
real estate salesperson under Chapter 4735. of the Revised Code; (22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code; (23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code; (24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code; (25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code; (26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code; (27) A person who has been issued a hearing aid dealer's
or
fitter's license or trainee permit under Chapter 4747. of the
Revised Code; (28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code; (29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code; (30) A person licensed to practice as a speech-language
pathologist
or audiologist under Chapter 4753. of the Revised
Code; (31) A person issued a license as an occupational
therapist
or physical therapist under Chapter 4755. of the
Revised Code; (32) A person who is licensed as a professional clinical
counselor or
professional counselor, licensed as a social worker
or independent social
worker, or registered as a social work
assistant under Chapter 4757. of the Revised Code; (33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code; (34) A person who has been issued a license or
limited
permit to practice respiratory therapy under Chapter 4761. of
the
Revised Code; (35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code;
(36) A person who has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules. (X)
"Cocaine" means any of the following: (1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine; (2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer,
or
derivative of ecgonine, or a salt of an isomer or derivative
of
ecgonine; (3) A salt, compound, derivative, or preparation of a
substance identified in division
(X)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine. (Y)
"L.S.D." means
lysergic acid diethylamide. (Z)
"Hashish" means the resin or a preparation of the resin
contained in marihuana, whether in solid form or in a liquid
concentrate,
liquid extract, or liquid distillate form. (AA)
"Marihuana" has the same meaning as in section
3719.01
of the Revised Code,
except that it does not include hashish. (BB) An offense is
"committed in the vicinity of a
juvenile"
if
the offender commits the offense within one hundred feet of a
juvenile or
within the view of a juvenile, regardless of whether
the
offender knows the age of the juvenile, whether the offender
knows the offense
is being committed within one hundred feet of or
within view of the juvenile,
or whether the juvenile actually
views the commission of the offense. (CC)
"Presumption for a prison term" or
"presumption that a
prison term shall be imposed" means a presumption, as described in
division
(D) of section 2929.13 of the Revised Code, that a prison
term is a necessary
sanction for a felony in order to comply with
the purposes and principles of
sentencing under section 2929.11 of
the Revised Code. (DD)
"Major drug offender" has the same meaning as in
section
2929.01 of the Revised Code. (EE)
"Minor drug possession offense" means either of the
following: (1) A violation of section 2925.11 of the Revised Code as
it
existed prior to July 1, 1996; (2) A violation of section 2925.11 of the Revised Code as it
exists on and
after July 1, 1996, that is a misdemeanor or a
felony of the fifth
degree. (FF)
"Mandatory prison term" has the same meaning as
in
section 2929.01 of the Revised Code. (GG)
"Crack cocaine" means a compound, mixture, preparation,
or
substance that is or contains any amount of cocaine that is
analytically
identified as the base form of cocaine or that is in
a form that resembles
rocks or pebbles generally intended for
individual use. (HH)
"Adulterate" means to cause a drug to be adulterated as
described in section 3715.63 of the Revised Code.
(II)
"Public premises" means any hotel, restaurant, tavern,
store, arena, hall, or other place of public accommodation,
business, amusement, or resort.
Sec. 2929.01. As used in this chapter: (A)(1) "Alternative residential facility" means, subject to
division (A)(2)
of this section, any facility other than an
offender's home
or residence in which an offender is assigned to
live
and that satisfies all of the following criteria: (a) It provides programs through which the offender may seek
or maintain
employment or may receive education, training,
treatment, or
habilitation. (b) It has received the appropriate license or certificate
for any
specialized education, training, treatment, habilitation,
or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education,
training, treatment, habilitation, or service. (2) "Alternative residential facility" does
not include a
community-based correctional facility, jail,
halfway house, or
prison. (B) "Bad time" means the time by which the parole board
administratively extends an offender's stated prison term or terms
pursuant to
section 2967.11 of the Revised Code because the parole
board
finds by clear and convincing evidence that the
offender,
while serving the prison term or terms, committed an
act that is a
criminal offense under the law of this state or the
United States,
whether or not the offender is prosecuted for
the commission of
that act. (C) "Basic probation supervision" means a
requirement that
the offender maintain contact with a person
appointed
to supervise
the offender in accordance
with sanctions imposed by the court or
imposed by the parole board pursuant to
section 2967.28 of the
Revised Code. "Basic probation supervision"
includes basic parole
supervision and basic post-release control
supervision. (D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the
same meanings as in section 2925.01 of the
Revised Code. (E) "Community-based correctional
facility" means a
community-based correctional facility and
program or district
community-based correctional facility and
program developed
pursuant to sections 2301.51 to 2301.56 of the
Revised Code. (F) "Community control sanction"
means a sanction that is
not a prison term and that is described
in section 2929.15,
2929.16, 2929.17, or 2929.18 of the Revised
Code
or a sanction
that is not a jail term and that is described in
section 2929.26,
2929.27, or 2929.28 of the Revised Code.
"Community control
sanction" includes probation if the sentence involved was
imposed
for a felony that was committed prior to July 1, 1996, or if
the
sentence involved was imposed for a misdemeanor that was committed
prior
to January 1, 2004. (G) "Controlled substance," "marihuana," "schedule I,"
and
"schedule II" have the same meanings as in section 3719.01 of the
Revised
Code. (H) "Curfew" means a requirement that
an offender during a
specified period of time be at a designated
place. (I) "Day reporting" means a sanction
pursuant to which an
offender is required each day to report to
and leave a center or
other approved reporting location at
specified times in order to
participate in work, education or
training, treatment, and other
approved programs at the center or
outside the center. (J) "Deadly weapon" has the same
meaning as in section
2923.11 of the Revised
Code. (K) "Drug and alcohol use monitoring"
means a program under
which an offender agrees to submit to
random chemical analysis of
the offender's blood, breath, or urine to
determine whether the
offender has ingested any alcohol or other
drugs. (L) "Drug treatment program" means
any program under which a
person undergoes assessment and treatment designed
to
reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and
treatment on an outpatient basis or may be required to
reside at a
facility other than the person's home or residence while
undergoing assessment and treatment. (M) "Economic loss" means any
economic detriment suffered by
a victim as a result of the commission of an offense and includes
any loss
of income due to lost
time at work because of any injury
caused to the victim, and any
property loss, medical cost, or
funeral expense incurred as a
result of the commission of the
offense. (N) "Education or training" includes
study at, or in
conjunction with a program offered by, a
university, college, or
technical college or vocational study and
also includes the
completion of primary school, secondary school,
and literacy
curricula or their equivalent. (O)
"Firearm" has the same meaning as
in section 2923.11 of
the Revised Code. (P) "Halfway house" means a facility
licensed by the
division of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the
Revised Code as a suitable
facility for the care and treatment of
adult offenders. (Q) "House arrest" means a period of confinement of an
offender that
is in the
offender's home or in
other premises specified by the
sentencing court or by the parole
board
pursuant to section 2967.28 of the Revised Code and during which all of
the
following apply: (1) The
offender is required to remain in the
offender's
home or other specified premises
for the
specified period of confinement, except for periods of time
during
which the
offender is at the
offender's place of
employment or at other
premises as authorized by the sentencing
court or by the parole board. (2) The
offender is required
to report periodically
to a person designated by the
court or parole board. (3) The
offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or by the parole board. (R) "Intensive probation supervision" means a
requirement
that an offender maintain frequent contact with a
person appointed
by the court, or by the parole board pursuant to section
2967.28
of the Revised Code, to supervise the offender while the
offender
is seeking or maintaining necessary employment and
participating
in training, education, and treatment programs as
required in the
court's or parole board's order. "Intensive
probation
supervision" includes intensive parole supervision and intensive
post-release control supervision. (S) "Jail" means a jail, workhouse,
minimum security
jail,
or other residential facility
used for the confinement of
alleged
or convicted offenders that
is operated by a political
subdivision
or a combination of
political subdivisions of this
state. (T) "Jail term" means the term in a jail that a sentencing
court
imposes or is authorized to impose pursuant to section
2929.24 or
2929.25 of the
Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction. (U) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E) of section 2929.24 of the Revised Code, division (B)
of section
4510.14 of the Revised Code, or division
(G) of section 4511.19 of
the Revised Code or pursuant to any other provision of the
Revised
Code that requires a term in a jail for a misdemeanor
conviction. (V) "Delinquent child" has the same meaning as in section
2152.02 of the
Revised Code. (W) "License violation report" means
a report that is made
by a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board
or agency that issued an offender a professional
license or a
license or permit to do business
in this state and that specifies
that the offender has been
convicted of or pleaded guilty to an
offense that may violate the
conditions under which the offender's
professional license or
license or permit to do business in this
state was granted or an offense
for which the offender's
professional license or license or permit to do
business in this
state may be revoked or suspended. (X) "Major drug offender" means an
offender who is convicted
of or pleads guilty to the possession
of, sale of, or offer to
sell any drug, compound, mixture,
preparation, or substance that
consists of or contains at least
one thousand grams of hashish; at
least one hundred
grams of crack cocaine; at least one thousand
grams of cocaine that is not
crack cocaine; at least two thousand
five hundred unit doses or two
hundred fifty grams of
heroin; at
least five thousand unit doses of
L.S.D. or five hundred grams of
L.S.D. in a
liquid concentrate, liquid extract, or liquid
distillate form; or at least
one hundred times the
amount of any
other schedule I or II controlled
substance other than marihuana
that is necessary to commit a
felony of the third degree pursuant
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised
Code
that is based on the possession of, sale of, or offer to sell
the
controlled substance. (Y) "Mandatory prison term" means any of the
following: (1) Subject to division (Y)(2) of this section,
the term in
prison that must be imposed for the offenses or
circumstances set
forth in divisions (F)(1) to (8) or
(F)(12) of section
2929.13 and
division (D) of section 2929.14 of the
Revised Code. Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, and
2925.11 of the
Revised Code, unless the maximum or another
specific term is required under section 2929.14 of the
Revised
Code, a mandatory prison term described in this division may be
any prison term authorized for the level of offense. (2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree
felony
OVI offense pursuant
to division (G)(2)
of
section 2929.13 and division
(G)(1)(d) or
(e) of
section
4511.19
of
the Revised Code or the term of one, two, three, four, or five years in prison that a sentencing court is required to impose pursuant to division (G)(2) of section 2929.13 of the Revised Code. (3) The term in prison imposed pursuant to section 2971.03
of the Revised Code for the offenses and in the circumstances
described in
division (F)(11) of section 2929.13 of the Revised
Code and
that term as
modified or terminated pursuant to
section
2971.05 of the Revised Code. (Z) "Monitored time" means a period
of time during which an
offender continues to be under the
control of the sentencing court
or parole board, subject to no
conditions other than leading a
law-abiding life. (AA) "Offender" means a person who,
in this state, is
convicted of or pleads guilty to a felony or a
misdemeanor. (BB) "Prison" means a residential
facility used for the
confinement of convicted felony offenders
that is under the
control of the department of rehabilitation and
correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. (CC) "Prison term" includes any of the following
sanctions
for an offender: (1) A stated prison term; (2) A term in a prison shortened by, or with the
approval
of, the sentencing court pursuant to section 2929.20,
2967.26,
5120.031, 5120.032, or 5120.073 of the
Revised Code; (3) A term in prison extended by bad time imposed
pursuant
to section 2967.11 of the Revised Code
or imposed for a violation
of post-release control pursuant to
section 2967.28 of the Revised
Code. (DD) "Repeat violent offender" means
a person about whom
both of the following apply: (1) The person has been convicted of or has pleaded
guilty
to, and is being sentenced for committing, for
complicity in
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree
other than one set forth in Chapter 2925. of the Revised
Code, a
felony of the first degree set forth in Chapter
2925. of the
Revised Code that involved an attempt
to cause serious physical
harm to a person or that resulted in serious
physical harm to a
person, or a
felony of the second degree that involved an attempt
to cause serious physical
harm to a person
or that resulted in
serious physical harm to a person. (2) Either of the following applies: (a) The person previously was convicted of or pleaded
guilty
to, and
previously served
or, at the time of the offense was
serving, a prison term for, any of the following: (i) Aggravated murder, murder, involuntary manslaughter,
rape, felonious
sexual penetration as it existed under
section
2907.12 of the Revised Code prior to September 3,
1996, a felony
of the first or second degree that resulted in the death
of a
person or in physical harm to a person, or complicity in or an
attempt
to commit any of those offenses; (ii) An offense under an existing or
former law of this
state, another state, or the
United States that is or was
substantially equivalent to an offense listed
under division
(DD)(2)(a)(i) of this section and that
resulted in the death of a
person or in physical harm to a person. (b) The person previously was adjudicated a delinquent child
for
committing an act that if committed by an adult would have
been an offense
listed in division
(DD)(2)(a)(i) or (ii) of this
section, the person was committed to the department of youth
services for that
delinquent act. (EE) "Sanction" means any penalty
imposed upon an offender
who is convicted of or pleads guilty to
an offense, as punishment
for the offense. "Sanction"
includes any sanction imposed
pursuant to any provision of
sections 2929.14 to 2929.18
or
2929.24 to 2929.28 of the
Revised Code. (FF) "Sentence" means the sanction or
combination of
sanctions imposed by the sentencing court on an
offender who is
convicted of or pleads guilty to
an offense. (GG) "Stated prison term" means the
prison term, mandatory
prison term, or combination of all
prison terms and mandatory
prison terms imposed by the
sentencing court pursuant to section
2929.14 or 2971.03 of the
Revised Code. "Stated prison term"
includes any credit received by the offender for time spent in
jail awaiting trial, sentencing, or transfer to prison for the
offense and any time spent under house arrest or
house arrest
with electronic monitoring imposed after
earning credits pursuant to
section 2967.193 of the Revised Code. (HH) "Victim-offender mediation"
means a reconciliation or
mediation program that involves an
offender and the victim of the
offense committed by the offender and that
includes a meeting in
which the offender and the victim may discuss the
offense, discuss
restitution, and consider other sanctions for
the offense. (II) "Fourth degree felony
OVI offense" means a
violation
of division (A) of section
4511.19 of the Revised
Code
that, under
division (G) of that section, is a felony of the fourth
degree. (JJ) "Mandatory term of local
incarceration" means the term
of sixty or one hundred twenty days in a jail, a
community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony
OVI offense pursuant to division (G)(1) of section
2929.13
of the Revised Code and division
(G)(1)(d) or
(e)
of section
4511.19 of
the
Revised Code. (KK) "Designated homicide, assault, or kidnapping
offense,"
"sexual motivation specification," "sexually violent offense,"
"sexually violent predator," and "sexually violent predator
specification"
have the same meanings as in section 2971.01 of the
Revised Code. (LL) "Habitual sex offender," "sexually oriented
offense,"
"sexual predator," "registration-exempt sexually oriented offense," "child-victim oriented offense," "habitual child-victim offender," and "child-victim predator" have the same meanings as in section 2950.01
of the Revised Code. (MM) An offense is "committed in the vicinity of a child"
if
the offender commits the offense within thirty feet of or within
the same
residential unit as a child who
is under eighteen years
of age, regardless of whether the offender knows the
age of the
child or whether the offender knows the offense is
being committed
within thirty feet of or within the same residential unit as
the
child and regardless of whether the child actually views the
commission of
the offense. (NN) "Family or household member" has the same meaning as
in
section 2919.25 of the Revised Code. (OO) "Motor vehicle" and "manufactured home" have the
same
meanings as in section 4501.01 of the Revised Code. (PP) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code. (QQ) "Third degree felony
OVI offense" means a
violation of
division (A) of section 4511.19 of the Revised Code
that, under
division (G) of that section, is a felony of
the third
degree. (RR) "Random drug testing" has the same meaning as in
section 5120.63 of the Revised Code. (SS) "Felony sex offense" has the same meaning as in
section
2967.28 of the Revised Code. (TT) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code. (UU) "Electronic monitoring" means monitoring through the
use of an electronic monitoring device.
(VV) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (VV)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (VV)(1)(a) of this section, can transmit continuously
those signals by telephone to a central monitoring computer of the
type described in division (VV)(1)(c) of this section, and can
transmit continuously an appropriate signal to that central
monitoring computer if the receiver is turned off or altered
without prior court approval or otherwise tampered with.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by telephone by a
receiver of the type described in division (VV)(1)(b) of this
section and can monitor continuously the person to whom an
electronic monitoring device of the type described in division
(VV)(1)(a) of this section is attached.
(2) Any device that is not a device of the type described in
division (VV)(1) of this section and that conforms with all of the
following: (a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved. (WW) "Continuous alcohol monitoring" means the ability to automatically test and periodically transmit alcohol consumption levels and tamper attempts at least every hour, regardless of the location of the person who is being monitored.
Sec. 2929.13. (A) Except as provided in
division (E), (F),
or (G) of this section and unless a
specific sanction is required
to be imposed or is precluded from
being imposed pursuant to law,
a court that imposes a sentence
upon an offender for a felony may
impose any sanction or
combination of sanctions on the offender
that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on
state or local government resources. If the offender is eligible to be sentenced to community
control sanctions,
the court shall consider the
appropriateness of
imposing a financial sanction pursuant to
section 2929.18 of the
Revised Code or
a sanction of community service
pursuant to
section 2929.17 of the Revised Code
as the sole sanction for the
offense. Except as otherwise provided in this
division, if the
court is required
to impose a mandatory prison term for the
offense for which
sentence is being imposed, the court also may
impose a financial
sanction pursuant to section 2929.18 of the
Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code. If the offender is being sentenced for a fourth degree felony
OVI offense or for a third degree felony OVI offense, in
addition
to the mandatory term of local
incarceration or the
mandatory
prison term required for
the offense by
division (G)(1)
or (2) of
this section, the
court shall impose upon the offender a
mandatory
fine in accordance with
division (B)(3) of section
2929.18 of the
Revised Code
and may impose whichever of the
following is
applicable: (1) For a fourth degree felony OVI offense for which
sentence is
imposed under division (G)(1) of this section, an
additional
community control sanction
or combination of community
control sanctions under section 2929.16 or 2929.17
of the Revised
Code;. If the court imposes upon the offender a community control sanction and the offender violates any condition of the community control sanction, the court may take any action prescribed in division (B) of section 2929.15 of the Revised Code relative to the offender, including imposing a prison term on the offender pursuant to that division. (2) For a third or fourth degree felony OVI offense for
which
sentence is imposed under division (G)(2) of this section,
an additional
prison term as
described in division (D)(4) of
section 2929.14 of the Revised Code or a community control sanction as described in division (G)(2) of this section. (B)(1) Except as provided in division (B)(2),
(E), (F), or
(G) of this section, in sentencing an offender for a
felony of the
fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply: (a) In committing the offense, the offender caused
physical
harm to a person. (b) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person
with a
deadly weapon. (c) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person,
and
the offender previously was convicted of an offense that
caused
physical harm to a person. (d) The offender held a public office or position of
trust
and the offense related to that office or position; the
offender's
position obliged the offender to prevent the offense
or to bring
those committing it to justice; or the offender's
professional
reputation or position facilitated the offense or
was likely to
influence the future conduct of others. (e) The offender committed the offense for hire or as part
of an organized criminal activity. (f) The offense is a sex offense that is a fourth or
fifth
degree felony violation of section 2907.03, 2907.04,
2907.05,
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the
Revised Code. (g) The offender at the time of the offense was serving, or
the offender previously had served, a prison term. (h) The offender committed the offense while under a
community control
sanction, while on probation, or while released
from custody on a bond or
personal recognizance. (i) The offender committed the offense while in possession
of a firearm. (2)(a) If the court makes a finding
described in division
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this
section and if the court, after
considering the factors set forth
in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the
offender is not amenable to an available
community control
sanction, the court shall impose a
prison term upon the offender. (b) Except as provided in division (E), (F), or (G) of this
section, if the
court does not make a
finding described in
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of
this section and if the court, after
considering the factors set
forth in section 2929.12 of the
Revised
Code, finds that a
community
control sanction or combination of community control
sanctions
is consistent with the purposes and principles of
sentencing set
forth in section 2929.11 of the
Revised
Code, the
court shall impose a
community control sanction or combination of
community control
sanctions upon the offender. (C) Except as provided in division (E), (F), or (G) of this
section, in
determining whether to impose a prison
term as a
sanction for a felony of the
third degree or a felony drug offense
that is a
violation of a provision of
Chapter 2925. of the
Revised
Code and that is specified as
being subject to this division for
purposes of sentencing, the
sentencing court shall comply with the
purposes and principles
of sentencing under section 2929.11 of the
Revised
Code and with section 2929.12
of the Revised Code. (D) Except as provided in division (E)
or (F) of this
section, for a felony of the first or
second degree and for a
felony drug offense that is a violation
of any provision of
Chapter 2925., 3719., or 4729. of the
Revised Code for which a
presumption in favor of
a prison term is specified as being
applicable, it is presumed
that a prison term is necessary in
order to comply
with the purposes and principles of sentencing
under section 2929.11 of the
Revised Code. Notwithstanding the
presumption established
under this division, the sentencing court
may
impose a community control sanction or a combination of
community control
sanctions instead of a prison term on an
offender for a felony of the first or
second degree or for a
felony drug offense that is a violation of any
provision of
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being
applicable if
it makes both of
the following findings: (1) A community control sanction or a combination of
community control
sanctions would
adequately punish the offender
and protect the public from future
crime, because the applicable
factors
under section 2929.12
of the Revised Code indicating a
lesser
likelihood of recidivism
outweigh the applicable factors
under that section
indicating a
greater likelihood of recidivism. (2) A community control sanction or a combination of
community control
sanctions would not
demean the seriousness of
the offense, because one or more
factors under section 2929.12 of
the Revised
Code that indicate that the offender's conduct was
less serious than
conduct normally constituting the offense are
applicable, and they outweigh
the applicable factors under that
section that indicate that the
offender's conduct was more
serious
than conduct normally constituting the offense. (E)(1) Except as provided in division
(F) of this section,
for any drug offense that is a
violation of any provision of
Chapter 2925.
of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption
under division (D) of this section in favor of a prison
term or of
division (B) or (C) of this section in
determining
whether to
impose a prison term for the offense shall be
determined as
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the
Revised Code,
whichever is applicable regarding the
violation. (2) If an offender who was convicted of or pleaded guilty to
a felony
violates the conditions of a community
control sanction
imposed for the offense solely by
reason of producing positive
results on a drug test,
the court, as punishment for the violation
of the sanction, shall not order
that the offender be imprisoned
unless the court
determines on the record either of the following: (a) The offender had been ordered as a sanction for the
felony to
participate in a drug treatment program, in a drug
education program,
or in narcotics anonymous or a
similar program,
and the offender continued to use illegal drugs after a
reasonable
period of participation in the program. (b) The imprisonment of the offender for the violation is
consistent with the
purposes and principles of sentencing set
forth in section 2929.11 of the
Revised Code. (F) Notwithstanding divisions (A) to
(E) of this section,
the court shall impose a prison
term or terms under sections
2929.02 to 2929.06, section 2929.14, or section
2971.03 of the
Revised Code and except as specifically provided in
section
2929.20 or 2967.191 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised
Code shall not reduce the terms pursuant to section 2929.20,
section
2967.193, or any other provision of
Chapter 2967. or
Chapter 5120. of
the Revised Code for any of the following
offenses: (1) Aggravated murder when death is not imposed or murder; (2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape
if, had
the offender completed the rape that was
attempted, the
offender
would have been subject to a sentence of
life
imprisonment or life
imprisonment without parole for the
rape; (3) Gross sexual imposition or sexual battery, if the victim
is under
thirteen
years of age, if the offender previously was
convicted of or pleaded guilty to
rape, the former offense of
felonious sexual penetration, gross sexual
imposition, or sexual
battery,
and if the victim of the previous offense was under
thirteen years of age; (4) A felony violation of section 2903.04, 2903.06,
2903.08,
2903.11, 2903.12, or
2903.13 of the Revised Code if the section
requires the
imposition of a prison term; (5) A first, second, or third degree felony drug
offense for
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is
applicable regarding the
violation, requires the imposition of a
mandatory prison term; (6) Any offense that is a first or second degree felony
and
that is not set forth in division (F)(1), (2), (3), or (4)
of this
section, if the offender previously was convicted of or
pleaded
guilty to aggravated murder, murder, any first or
second degree
felony, or an offense under an existing or former law
of this
state, another state, or the United States that is
or was
substantially equivalent to one of those offenses; (7) Any offense that is a third degree felony and that is
listed in division
(DD)(1) of section 2929.01 of the Revised Code
if the offender previously was
convicted of or pleaded guilty to
any offense that is listed in division
(DD)(2)(a)(i) or (ii) of
section 2929.01 of the Revised Code; (8) Any offense, other than a violation of section 2923.12
of the Revised
Code, that is a felony, if the offender had a
firearm on or about the offender's person or under the offender's
control
while committing the felony, with respect to a portion of
the
sentence imposed pursuant to division (D)(1)(a) of
section
2929.14 of the Revised Code for having the firearm; (9) Any offense of violence that is a felony, if the
offender wore or carried body armor while committing the felony
offense of violence, with respect to the portion of the sentence
imposed pursuant to division (D)(1)(d) of section 2929.14 of the
Revised Code for wearing or carrying the body armor; (10) Corrupt activity in violation of section 2923.32 of
the
Revised Code when the most serious offense in
the pattern of
corrupt activity that is the basis of the offense
is a felony of
the first degree; (11) Any sexually violent offense for which the offender
also is convicted
of or pleads guilty to a sexually violent
predator
specification that was included in the indictment, count
in the indictment, or
information charging the sexually violent
offense; (12) A violation of division (A)(1) or (2) of section
2921.36 of the Revised
Code, or a violation of division (C) of
that section involving an item listed
in division (A)(1) or (2) of
that section, if the offender is an officer or
employee of the
department of rehabilitation and correction. (G) Notwithstanding divisions (A) to (E) of
this section, if
an offender is being sentenced for a fourth degree felony
OVI
offense or for a third degree felony OVI offense, the
court shall
impose upon the offender a mandatory
term of local incarceration
or a mandatory prison term in accordance with the
following: (1) If the offender is being sentenced for a fourth degree
felony
OVI offense and if the offender has not been convicted of and has not pleaded guilty to a specification of the type described in section 2941.1413 of the Revised Code, the court may impose upon the offender a
mandatory term
of local incarceration
of sixty days or one hundred
twenty days as specified
in division (G)(1)(d) of section 4511.19
of
the Revised Code. The court
shall
not reduce the term pursuant
to
section 2929.20, 2967.193, or any
other provision of the
Revised
Code. The court that imposes a
mandatory term of local
incarceration
under this division shall
specify whether the term
is to be served in a
jail, a
community-based correctional
facility, a halfway house, or an
alternative residential facility,
and the
offender shall serve the
term in the type of facility
specified
by the court. A mandatory
term of local incarceration
imposed
under division (G)(1) of this
section is not subject to
extension
under section 2967.11 of the
Revised Code, to a period
of post-release control
under section
2967.28 of the Revised Code,
or to any other Revised Code
provision that pertains to a prison
term except as provided in division (A)(1) of this section. (2) If the offender is being sentenced for a third
degree
felony OVI offense,
or if the offender is being sentenced for a
fourth degree felony OVI
offense and the court does not impose a
mandatory term of local incarceration
under division (G)(1) of
this section, the court shall impose upon the
offender a mandatory prison term of one, two, three, four, or five years if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or shall impose upon the offender a mandatory
prison term of sixty days or one hundred twenty days as specified
in division (G)(1)(d) or (e)
of
section 4511.19 of the Revised Code if the offender has not been convicted of and has not pleaded guilty to a specification of that type. The
court shall not reduce the term pursuant
to section
2929.20,
2967.193, or any other provision of the Revised Code. The offender shall serve the one-, two-, three-, four-, or five-year mandatory prison term consecutively to and prior to the prison term imposed for the underlying offense and consecutively to any other mandatory prison term imposed in relation to the offense. In
no case
shall an offender who once has been sentenced to a
mandatory term
of local incarceration pursuant to division (G)(1)
of this section
for a
fourth degree felony OVI offense be
sentenced to another
mandatory
term of local incarceration under
that division for any
violation of division
(A) of section 4511.19
of the Revised Code.
The In addition to the mandatory prison term described in division (G)(2) of this section, the court shall not may sentence the
offender to
a
community control
sanction under section 2929.16 or 2929.17 of
the Revised
Code, but the offender shall serve the prison term prior to serving the community control sanction.
The department of rehabilitation and correction
may place an
offender
sentenced to a mandatory prison term under
this division
in an intensive
program prison established pursuant
to section
5120.033 of the Revised
Code if the department gave the
sentencing
judge prior notice of its intent to
place the offender
in an
intensive program prison established under that
section and
if the
judge did not notify the department that the judge
disapproved the
placement. Upon the establishment of the initial
intensive
program prison pursuant to section 5120.033 of the
Revised Code
that is privately operated
and managed by a
contractor pursuant to
a contract entered into under section
9.06
of the Revised Code,
both of the following apply: (a) The department of rehabilitation and correction shall
make a
reasonable effort to ensure that a sufficient number of
offenders sentenced to
a mandatory prison term under this division
are placed in the privately
operated and managed prison so that
the privately operated and managed prison
has full occupancy. (b) Unless the privately operated and managed prison has
full
occupancy, the department of rehabilitation and correction
shall not place any
offender sentenced to a mandatory prison term
under this division in any
intensive program prison established
pursuant
to section 5120.033 of the Revised Code other
than the
privately operated and managed prison. (H) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, the judge
shall
require the offender to submit to a
DNA specimen collection
procedure pursuant to section 2901.07 of the
Revised Code
if
either of the following applies: (1) The offense was a sexually violent offense, and the
offender also was
convicted of or pleaded guilty to a sexually
violent predator specification
that was included in the
indictment,
count in the indictment, or information charging the
sexually violent offense. (2) The judge imposing sentence for the sexually oriented
offense
determines pursuant to division (B) of section 2950.09 of
the Revised
Code that the offender is a sexual predator. (I) If an offender is being sentenced
for a sexually
oriented offense that is not a registration-exempt sexually oriented offense or for a child-victim oriented offense committed on or after January 1,
1997, the judge
shall
include in the sentence a summary of the
offender's duties imposed under sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code and the
duration of the duties. The
judge shall inform the offender, at the
time of sentencing, of
those duties and of their duration and, if required
under division
(A)(2) of section 2950.03 of
the Revised Code, shall perform the
duties specified in that
section. (J)(1) Except as
provided in division (J)(2) of
this
section, when considering sentencing factors under this
section in
relation to an offender who is convicted of or pleads
guilty to an
attempt to commit an offense in violation of
section 2923.02 of
the Revised Code, the sentencing court
shall consider the factors
applicable to the felony category of
the violation of section
2923.02 of the Revised
Code instead of the factors
applicable to
the felony category of the offense
attempted. (2) When considering sentencing factors under this
section
in relation to an offender who is convicted of or pleads
guilty to
an attempt to commit a drug abuse offense for which
the penalty is
determined by the amount or number of unit doses
of the controlled
substance involved in the drug abuse offense,
the sentencing court
shall consider the factors applicable to
the felony category that
the drug abuse offense attempted would
be if that drug abuse
offense had been committed and had
involved an amount or number of
unit doses of the controlled
substance that is within the next
lower range of controlled substance amounts
than was involved in
the attempt. (K) As used in this section, "drug abuse offense" has the
same meaning as in
section 2925.01 of the Revised Code.
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this
section and except
in relation to an offense for which a sentence
of death or life
imprisonment is to be imposed, if the court
imposing a sentence
upon an offender for a felony elects or is
required to impose a
prison term on the offender pursuant to this
chapter and is not
prohibited by division (G)(1) of section 2929.13 of the
Revised
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall
be one of the following: (1) For a felony of the first degree, the prison term
shall
be three, four, five, six, seven, eight, nine, or ten
years. (2) For a felony of the second degree, the prison term
shall
be two, three, four, five, six, seven, or eight years. (3) For a felony of the third degree, the prison term
shall
be one, two, three, four, or five years. (4) For a felony of the fourth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months. (5) For a felony of the fifth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven,
or twelve months. (B) Except as provided in division (C),
(D)(1), (D)(2),
(D)(3), or (G) of this section, in section 2907.02
of the Revised
Code, or in Chapter
2925. of the Revised Code, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless
one or more
of
the following applies: (1) The offender was serving a prison term at the time of
the offense, or the offender previously had served a prison term. (2) The
court finds on the record that the shortest prison
term will
demean the seriousness of the offender's conduct or will
not
adequately protect the public from future crime by the
offender
or others. (C) Except as provided in division (G) of this section or in
Chapter 2925. of
the Revised Code, the court imposing a sentence
upon an
offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of
this
section only upon offenders who committed the worst forms of
the
offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat
violent
offenders in accordance with division (D)(2) of
this section. (D)(1)(a) Except as provided in division
(D)(1)(e) of this
section, if
an offender who is convicted of or pleads guilty to a
felony also
is convicted of or pleads guilty to a specification of
the type
described in section 2941.141, 2941.144, or
2941.145 of
the
Revised Code, the court shall impose on the offender one of
the
following prison terms: (i) A prison term of six years if the specification is of
the
type described in section 2941.144 of the Revised Code
that
charges the offender with having a firearm that is an automatic
firearm
or that was equipped with a firearm muffler or silencer on
or about the
offender's person or
under the offender's control
while committing the felony; (ii) A prison term of three years if the specification
is of
the type described in section 2941.145 of the Revised
Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense
and displaying
the firearm, brandishing
the firearm,
indicating that the offender possessed the firearm, or
using it to
facilitate the offense; (iii) A prison term of one year if the specification
is of
the type described in section 2941.141 of the Revised
Code
that
charges the offender with having a firearm on or about the
offender's
person or under the offender's control while committing
the felony. (b) If a
court imposes a prison term on
an
offender under
division (D)(1)(a) of this section, the prison
term shall not be
reduced pursuant to section 2929.20, section 2967.193,
or
any
other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. A court shall not
impose more than one prison term on an
offender under
division (D)(1)(a) of this section for felonies
committed as part of
the same act or transaction. (c) Except as provided in division
(D)(1)(e)
of this
section, if an offender who is convicted of or pleads
guilty to a
violation of section 2923.161 of the
Revised
Code or to a felony
that includes,
as an essential element, purposely or knowingly
causing or
attempting to cause the death of or physical harm to
another,
also is convicted of or pleads guilty to a specification
of the
type described in section 2941.146 of the
Revised
Code that
charges the offender
with committing the offense by discharging a
firearm from a
motor vehicle other than a manufactured
home, the
court, after imposing
a prison term on the offender for the
violation of section
2923.161 of the Revised
Code or for the other
felony
offense under division (A), (D)(2), or (D)(3) of this
section, shall
impose an additional prison term of five years upon
the offender
that shall not be reduced pursuant to section
2929.20, section 2967.193, or
any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A
court shall not impose
more than one additional prison term on an offender under
division
(D)(1)(c) of this section for felonies committed as
part of the
same
act or transaction. If a court imposes an additional prison
term on an
offender under division (D)(1)(c) of this section
relative to an offense, the court also shall
impose a prison term
under division
(D)(1)(a) of this section
relative to the same
offense, provided the criteria specified in that division
for
imposing an additional prison term are satisfied relative to the
offender
and the offense. (d)
If an offender who is convicted of or pleads guilty to
an offense
of violence that is a felony also is convicted of or
pleads guilty to a
specification of the type described in section
2941.1411 of the Revised Code that charges the
offender with
wearing or carrying body armor
while committing the felony offense
of violence, the court shall
impose on the offender a prison term
of two years. The prison
term so imposed shall not be reduced
pursuant to section 2929.20,
section 2967.193, or any other
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A court shall not impose more
than one prison term
on an offender
under division
(D)(1)(d) of this section for
felonies committed as
part of
the same act or transaction. If a
court imposes an
additional prison
term under division (D)(1)(a)
or (c)
of this
section, the
court is not precluded from imposing
an additional
prison term under
division (D)(1)(d) of this
section. (e) The court shall not impose any of the
prison terms
described in division
(D)(1)(a)
of this section or any of the
additional prison terms described in
division (D)(1)(c) of this
section upon an
offender for a
violation of section
2923.12 or
2923.123 of the Revised Code. The court shall not
impose any of
the prison terms described in
division
(D)(1)(a) of this section
or any of the additional prison terms
described in division
(D)(1)(c) of this section
upon an offender for a violation of
section 2923.13 of the
Revised Code unless all of the following
apply: (i) The offender previously has been convicted
of aggravated
murder, murder, or any felony of the first or
second degree. (ii) Less than five years have passed since the
offender was
released from prison or post-release control,
whichever is later,
for the prior offense.
(f) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause
the death of or physical
harm to another and
also is convicted of or pleads guilty to a
specification of the
type described in section 2941.1412 of the
Revised Code that
charges the
offender with committing the offense by discharging a
firearm at a
peace officer as defined in section 2935.01 of the
Revised Code or a corrections officer as defined in section
2941.1412 of the Revised Code, the court, after imposing a
prison
term on the
offender for the felony offense under division (A),
(D)(2),
or
(D)(3) of this section, shall impose an additional
prison term of
seven years upon the offender that shall not be
reduced pursuant
to section 2929.20, section 2967.193, or any
other provision of
Chapter 2967. or Chapter 5120. of
the Revised
Code. A court
shall
not impose more than one
additional prison
term on an
offender
under division (D)(1)(f) of
this section for
felonies
committed as
part of the same act or transaction.
If a
court
imposes an
additional prison term on an offender under
division
(D)(1)(f) of
this section relative to an offense,
the
court
shall not impose a
prison term under division (D)(1)(a)
or
(c)
of
this section
relative to the same offense. (2)(a) If an offender who is
convicted of or pleads guilty
to a felony also is convicted of or pleads
guilty to a
specification of the type described in section 2941.149 of the
Revised Code
that the
offender is a repeat
violent offender, the
court shall
impose a prison term from the range of terms
authorized for the offense
under division (A) of this section
that
may be the longest term in the range and that shall not be reduced
pursuant to section 2929.20, section 2967.193, or
any other
provision of Chapter 2967. or Chapter 5120. of the
Revised
Code.
If the court finds that the
repeat violent offender, in committing
the offense, caused any
physical harm that carried a substantial
risk of death to a
person or that involved substantial permanent
incapacity or
substantial permanent disfigurement of a person,
the
court shall impose the longest prison term from the range of terms
authorized for the
offense under division (A) of this section. (b) If the court imposing a prison term on a
repeat violent
offender imposes the longest prison term
from the range of terms
authorized for the offense under division
(A) of this section, the
court may impose on the offender
an additional definite prison
term of one, two, three, four,
five, six, seven, eight, nine, or
ten years if the court finds
that both of the following apply with
respect to the prison terms
imposed on the offender pursuant to
division
(D)(2)(a) of this section and, if
applicable, divisions
(D)(1) and (3) of this section: (i) The terms so imposed are inadequate to
punish the
offender and protect the public from future crime,
because the
applicable factors
under
section 2929.12
of the Revised Code
indicating a greater
likelihood of recidivism outweigh
the
applicable factors under that section indicating a lesser
likelihood of
recidivism. (ii) The terms so imposed are demeaning to the
seriousness
of the offense, because one or more of the factors
under section
2929.12 of the Revised Code
indicating that the offender's conduct
is more serious than conduct normally
constituting the offense are
present, and they outweigh the applicable
factors under that
section indicating that the offender's
conduct is
less serious
than conduct normally constituting the offense. (3)(a) Except when an offender commits a
violation of
section 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for the
violation is life imprisonment or commits a
violation of section
2903.02 of the Revised Code, if the offender
commits a violation of section 2925.03 or 2925.11 of
the Revised
Code and that section classifies the offender as a major drug
offender and requires the
imposition of a ten-year prison term on
the offender, if
the offender commits a felony violation of
section 2925.02,
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, division
(C) of section 4729.51, or division (J)
of section 4729.54
of the Revised Code that includes the sale,
offer to sell,
or possession of a schedule
I or II controlled
substance, with the exception of
marihuana, and the
court imposing
sentence upon the offender finds
that the offender is guilty of a
specification of the type
described in section 2941.1410 of the
Revised Code charging
that the offender is a
major drug offender,
if the court imposing sentence upon an offender for
a felony
finds
that the offender is guilty
of corrupt activity with the
most
serious offense in the pattern
of corrupt activity being a
felony
of the first degree, or if the offender is guilty of
an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the Revised
Code that was attempted, the offender would have been subject to a
sentence of life imprisonment or life imprisonment without parole
for the violation of section 2907.02 of the Revised Code, the
court shall
impose upon
the offender for the felony violation a
ten-year
prison term that
cannot be reduced pursuant to section
2929.20 or
Chapter
2967. or 5120. of the Revised Code. (b) The court imposing a prison term on an
offender under
division (D)(3)(a) of this
section may impose an additional prison
term of one, two, three,
four, five, six, seven, eight, nine, or
ten years, if the court,
with respect to the term imposed under
division
(D)(3)(a) of this section and, if
applicable, divisions
(D)(1) and (2) of this section,
makes both of the findings set
forth in divisions
(D)(2)(b)(i) and (ii) of this section. (4) If the offender is being sentenced for a third or fourth
degree felony
OVI offense under division (G)(2) of section
2929.13
of the Revised
Code,
the sentencing court shall impose
upon the
offender a mandatory prison term in
accordance with that
division.
In addition to the mandatory prison term, if the offender is being
sentenced for a fourth degree felony OVI offense, the court,
notwithstanding division (A)(4) of this section, may sentence the
offender to a definite prison term of not less than six months and
not more than thirty months, and if the offender is being
sentenced for a third degree felony OVI offense, the
sentencing
court may sentence the offender to an additional prison
term of
any
duration specified in division (A)(3) of this section. In
either case, the additional prison term imposed shall be reduced
by the sixty or one
hundred twenty days imposed upon the
offender
as the mandatory prison term.
The total of the
additional prison
term imposed under division (D)(4) of this
section
plus the sixty
or one hundred twenty days imposed as the
mandatory prison term
shall equal a definite term in the range of six months to thirty
months for a fourth degree felony OVI offense and shall equal one
of
the authorized prison
terms specified in division (A)(3) of
this section for a third degree felony OVI offense. If
the court
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after
the
offender has served the mandatory prison term required for the
offense. The In addition to the mandatory prison term or mandatory and additional prison term imposed as described in division (D)(4) of this section, the
court shall not also may sentence the offender to a community
control sanction under
section 2929.16 or 2929.17 of the Revised
Code, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony OVI offense under division (G)(1) of section 2929.13 of the Revised Code and the court imposes a mandatory term of local incarceration, the court may impose a prison term as described in division (A)(1) of that section. (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a mandatory prison term
is imposed
upon an offender pursuant to
division (D)(1)(a) of this
section for having a firearm on or
about the offender's person or under the
offender's
control while
committing a felony, if a mandatory prison term
is imposed
upon an
offender pursuant to division (D)(1)(c) of
this section for
committing a felony specified in that division by discharging
a
firearm from a motor vehicle, or if both types of mandatory prison
terms
are imposed, the offender shall serve
any mandatory prison
term
imposed under either division
consecutively to any other
mandatory prison term imposed under either division
or under
division (D)(1)(d) of this
section,
consecutively to and prior to
any prison term
imposed for the underlying felony pursuant to
division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term
or
mandatory prison term previously or subsequently imposed
upon the
offender. (b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for
wearing or
carrying body armor while committing an offense of violence that
is a felony,
the offender shall serve the mandatory
term so
imposed consecutively to any other mandatory prison term
imposed
under that division or under division (D)(1)(a)
or (c) of
this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or
(D)(3)
of
this section or any other section of the Revised Code, and
consecutively to any other
prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (c) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(f) of this section, the offender shall
serve the mandatory prison term so imposed consecutively to and
prior to any prison term imposed for the underlying felony under
division (A), (D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender. (2) If an offender who is an inmate in a jail, prison,
or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an
inmate in a jail, prison, or other residential
detention facility or is under
detention at a detention facility
commits another felony while the offender is
an
escapee in
violation of
section 2921.34 of the Revised Code, any prison
term
imposed upon the offender for one of those violations
shall be
served by the offender consecutively to the prison term or term of
imprisonment the offender
was serving when the offender committed
that offense and to any other prison
term previously or
subsequently imposed upon the offender. (3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code, a violation of division (A) of section 2913.02 of the Revised Code in which the stolen property is a firearm or dangerous ordnance, or a felony violation of division
(B) of section 2921.331
of the Revised Code, the offender shall serve that
prison term
consecutively to any
other prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (4) If multiple prison terms are imposed on an offender
for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the
offender's conduct and to the danger the offender
poses to
the public, and if the court also finds any
of the following: (a) The offender committed
one or more of the multiple
offenses while the
offender was awaiting trial or sentencing, was
under a sanction
imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the
Revised Code, or was under
post-release control for
a prior
offense. (b)
At least two of the multiple offenses were committed
as
part of one or more courses of conduct, and the harm caused by
two
or more of the multiple offenses
so committed
was so great or
unusual that no single prison term for any of the
offenses
committed as part of
any of the courses of conduct
adequately
reflects the seriousness of the offender's conduct. (c) The offender's history of criminal conduct
demonstrates
that consecutive sentences are necessary to protect
the public
from future crime by the offender. (5) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), or (4) of this
section, the term to be
served is the aggregate of all of the terms so
imposed. (F) If a court imposes a prison term of a type
described in
division (B) of section 2967.28 of the
Revised Code, it shall
include in the sentence a
requirement that the offender be subject
to a period of
post-release control after the offender's release
from imprisonment, in
accordance with that division. If a court
imposes a prison term
of a type described in division (C) of that
section, it
shall include in the sentence a requirement that the
offender be
subject to a period of post-release control after the
offender's release
from imprisonment, in accordance with that
division, if the
parole board determines that a period of
post-release control is
necessary. (G) If a person is convicted of or pleads guilty to a
sexually violent
offense and also is convicted of or pleads guilty
to a sexually violent
predator specification that was included in
the indictment, count in the
indictment, or information charging
that offense, the court shall impose
sentence upon the offender in
accordance with section 2971.03 of the Revised
Code, and Chapter
2971. of the Revised Code applies regarding the prison term
or
term of life imprisonment without parole imposed upon the offender
and the
service of that term of imprisonment. (H) If a person who has been convicted of or pleaded guilty
to a felony is
sentenced to a prison term or term of imprisonment
under this section,
sections 2929.02 to 2929.06 of the Revised
Code, section 2971.03 of the
Revised Code, or any other provision
of law, section 5120.163 of the Revised
Code applies regarding the
person while the person is confined in a state
correctional
institution. (I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence
also is convicted of or
pleads guilty to a specification of the
type described in section
2941.142 of the
Revised Code that charges the offender with having
committed
the felony while participating in a criminal gang, the
court shall impose upon
the offender an additional prison term of
one, two, or three years. (J) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a
felony of the first, second, or
third degree that is an
offense of violence also is convicted of
or pleads guilty to a
specification of the type described in
section 2941.143 of the
Revised
Code that charges the offender
with having committed the offense in a school safety
zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall
serve the additional two years consecutively to and
prior to the prison term
imposed for the underlying offense. (K) At the time of sentencing, the court
may recommend the
offender for
placement in a program of shock incarceration
under
section 5120.031 of the Revised Code or for
placement
in an
intensive program prison
under
section 5120.032 of the Revised
Code, disapprove placement of the
offender in a program of shock
incarceration or
an intensive
program
prison
of that nature, or
make
no recommendation on placement of
the offender.
In no case
shall
the department of rehabilitation and correction place the
offender
in a program or prison of that nature unless the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for the placement. If the court disapproves placement of the offender in a
program or prison
of that nature, the department of rehabilitation
and correction shall not
place the offender in any program of
shock incarceration or intensive program
prison. If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program
prison,
and if the offender
is subsequently placed in the recommended
program or
prison, the
department shall notify the court of the
placement and shall
include with the notice a brief description of
the placement. If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program prison
and the department does not
subsequently place the offender in the
recommended program or prison, the
department shall send a notice
to the court indicating why the offender was
not placed in the
recommended program or prison. If the court does not make a recommendation under this
division with
respect to an
offender
and if the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature, the
department shall screen the offender and
determine if there is an
available program of shock incarceration or an
intensive program
prison for which the offender is suited. If there is an
available
program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the
court of the
proposed placement of the offender
as specified in
section 5120.031 or 5120.032 of the Revised Code and shall include
with the notice a brief
description of the placement. The court
shall have ten days from receipt of
the notice to disapprove the
placement.
Sec. 2929.15. (A)(1) If in sentencing an offender for a
felony the court is
not required to impose a prison term, a
mandatory prison term, or a
term of life imprisonment upon the
offender, the court may directly impose a
sentence that consists
of one or more community
control sanctions
authorized pursuant to
section 2929.16, 2929.17, or 2929.18 of
the Revised Code. If the
court is sentencing an offender for a fourth
degree felony
OVI
offense under division
(G)(1) of section 2929.13 of the
Revised
Code, in addition to the
mandatory term of local
incarceration
imposed under that division and the
mandatory fine
required by
division (B)(3) of section
2929.18 of the Revised
Code, the court
may impose upon the offender a
community control
sanction or
combination of community control sanctions in
accordance with
sections 2929.16 and 2929.17 of the Revised Code.
The If the court is sentencing an offender for a third or fourth degree felony OVI offense under division (G)(2) of section 2929.13 of the Revised Code, in addition to the mandatory prison term or mandatory prison term and additional prison term imposed under that division, the court also may impose upon the offender a community control sanction or combination of community control sanctions under section 2929.16 or 2929.17 of the Revised Code, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
The duration of
all community
control sanctions imposed upon an
offender under
this division shall not
exceed
five years.
If the
offender
absconds or otherwise leaves the jurisdiction of the
court
in
which the offender resides without obtaining permission
from the
court or
the offender's probation officer to leave the
jurisdiction of the court, or if
the offender is confined in any
institution for the commission of any offense
while under a
community control sanction, the period of the community control
sanction ceases to run until the offender is brought before the
court for its
further action.
If the court sentences the offender
to one or more nonresidential
sanctions under section 2929.17 of
the Revised Code, the court shall impose
as a condition of
the
nonresidential sanctions that, during the period of the sanctions,
the
offender must abide by the law and must not leave the state
without the
permission of the court or the offender's probation
officer. The court
may impose any
other conditions of release
under a community control sanction that the court
considers
appropriate, including, but not limited to, requiring that the
offender not ingest or be injected with a drug of abuse and submit
to random
drug testing as provided in division (D) of this section
to determine whether
the offender ingested or was injected with a
drug of abuse and requiring that
the results of the drug test
indicate that the offender did not ingest or was
not injected with
a drug of abuse. If the court is sentencing an
offender for a
third or fourth degree felony
OVI offense under
division
(G)(2)
of section 2929.13 of the Revised Code,
the court shall not
impose
upon the offender any community control sanction or
combination of
community control sanctions under section 2929.16
or 2929.17 of
the Revised Code. (2)(a) If a court sentences an offender to any community
control sanction
or combination of community control sanctions
authorized
pursuant to section 2929.16, 2929.17, or 2929.18 of the
Revised Code, the
court shall place the offender under the general
control and
supervision of a department of probation in the county
that
serves the court for purposes of reporting to the court a
violation of any condition of the sanctions, any condition of
release under a
community control sanction imposed by the court, a
violation of law, or the
departure of the offender from this state
without the
permission of the court or the offender's probation
officer. Alternatively,
if
the offender resides in another county
and a county department of probation
has been
established in that
county or that county is served by a multicounty probation
department established under section 2301.27 of the Revised
Code,
the court may request the
court of common pleas of that county to
receive the offender into the general
control and supervision
of
that county or multicounty department of probation for
purposes of
reporting to the court a violation of any condition of the
sanctions, any condition of release under a community control
sanction
imposed by the court, a violation of law, or the
departure of the offender from this state without the permission
of the court
or the offender's probation officer, subject to the
jurisdiction of
the trial judge over
and with respect to the
person of the offender, and to the rules
governing that department
of probation. If there is no department of
probation in the county that
serves the court, the court shall place the
offender, regardless
of the offender's county of residence, under the general
control
and supervision of the adult parole authority for
purposes of
reporting to the court a violation of any of the sanctions, any
condition of release under a community control sanction imposed by
the court,
a violation of law, or the departure of the
offender
from this state without the permission of the court or the
offender's
probation officer. (b) If the court imposing sentence upon an offender
sentences the offender to
any community control sanction or
combination of community control sanctions authorized pursuant
to
section 2929.16, 2929.17, or 2929.18 of the
Revised Code, and if
the offender
violates any condition of the sanctions,
any
condition of release under a community control sanction imposed by
the
court, violates any law, or departs the state without the
permission of the
court
or the offender's probation officer, the
public or
private person or
entity that operates or administers
the sanction or the program
or activity that comprises the
sanction shall report the
violation or departure directly to the
sentencing court, or shall
report the
violation or departure to
the county or multicounty department of
probation
with general
control and supervision over the offender under
division (A)(2)(a)
of this section or the officer of that department who
supervises
the offender, or, if there is no such department with general
control and supervision over the offender under that division,
to
the adult parole authority. If the public or private person
or
entity that operates or administers the sanction or the
program or
activity that comprises the sanction reports the
violation or
departure to the county or multicounty department of
probation
or
the adult parole authority, the department's or authority's
officers may treat the offender as if the offender were on
probation and
in violation of the probation, and shall report the
violation of
the condition of the sanction, any condition of
release under a community
control sanction imposed by the court,
the violation of law, or
the departure from the state without the
required permission to the
sentencing court. (B) If the conditions of a community control
sanction are
violated or if the
offender violates a law or leaves the state
without the permission of the
court or the offender's probation
officer, the sentencing court may
impose a longer time under the
same sanction if the total time under the
sanctions does not
exceed the five-year limit specified in
division (A) of this
section, may impose a more
restrictive sanction under section
2929.16, 2929.17, or 2929.18 of the Revised
Code, or may impose a
prison term on the offender pursuant to
section 2929.14 of the
Revised Code. The prison
term, if any, imposed upon a violator
pursuant to this division
shall be within the range of prison
terms available for the
offense for which the sanction that was
violated was imposed and
shall not exceed the prison term
specified in the notice provided
to the offender at the sentencing
hearing pursuant to division
(B)(3) of section 2929.19 of the
Revised
Code. The court may reduce the longer period of time
that
the offender is required to spend under the longer sanction,
the
more restrictive sanction, or a prison term imposed pursuant
to
this division by the time the offender successfully spent
under
the sanction that was initially imposed. (C) If an offender, for a significant period of
time,
fulfills the conditions of a sanction imposed pursuant to
section
2929.16, 2929.17, or 2929.18 of the Revised
Code in an exemplary
manner, the court may reduce the
period of time under the sanction
or impose a less restrictive
sanction, but the court shall not
permit
the offender to violate any law or permit the offender to
leave the state
without the permission of the court or the
offender's probation officer. (D)(1) If a court under division
(A)(1) of this section
imposes
a condition of release under a community control sanction
that
requires the offender to submit to random drug testing, the
department of probation or the adult parole authority that has
general control and supervision of the offender under
division
(A)(2)(a) of this section
may cause the offender to submit to
random drug testing
performed by a laboratory or
entity that has
entered into a
contract with any of the governmental entities or
officers authorized
to enter into a contract with that laboratory
or entity under
section 341.26, 753.33, or 5120.63 of the
Revised
Code. (2) If no laboratory or entity described in division
(D)(1)
of this section has entered
into a contract as specified in that
division, the
department of probation or the adult parole
authority that has
general control and supervision of the offender
under
division (A)(2)(a) of this section
shall cause the offender
to submit to random drug testing
performed by a reputable public
laboratory
to determine whether the individual
who is the subject
of the drug test ingested or was injected with a drug of
abuse. (3) A laboratory or entity that has entered into a contract
pursuant to section 341.26, 753.33, or 5120.63 of the
Revised Code
shall perform the random
drug tests under division (D)(1) of this
section in accordance with
the applicable standards that
are
included in the terms of that contract. A public laboratory shall
perform
the random drug tests under division (D)(2) of this
section in
accordance with the standards set
forth in the policies
and procedures established by the department of
rehabilitation and
correction pursuant to section 5120.63 of the Revised Code. An
offender
who is required under division
(A)(1) of this section to
submit to random drug testing as a condition of release under a
community control sanction and whose test results indicate that
the offender
ingested or was injected with a drug of abuse shall
pay the fee for the drug
test if the department of probation or
the adult parole authority that has
general control and
supervision of the offender requires payment of a fee. A
laboratory or entity that performs the random drug testing on an
offender under division (D)(1) or (2) of this section shall
transmit
the results of the drug test
to the appropriate
department of probation or the adult parole
authority that has
general control and supervision of the
offender under division
(A)(2)(a) of
this section. Sec. 2929.16. (A) The Except as provided in this division, the court imposing a
sentence for a
felony upon an offender who is not required to
serve a mandatory
prison term may impose any community
residential sanction or
combination of community residential sanctions
under this section.
The court imposing a sentence for a fourth degree felony
OVI
offense under
division
(G)(1) or (2) of section 2929.13 of the Revised
Code or for a third degree felony OVI offense under division (G)(2) of that section may impose upon the offender, in
addition to the
mandatory
term of local incarceration or mandatory prison term imposed under that the applicable division, a
community residential sanction or
combination of
community
residential sanctions under this section, and the offender shall
serve or satisfy the sanction or combination of sanctions after
the offender
has served the mandatory term of local incarceration or mandatory prison term
required for the
offense. Community residential sanctions
include, but are not limited to, the
following: (1) A term of up to six months at a community-based
correctional facility that serves the county; (2) Except as otherwise provided in division (A)(3) of
this
section and subject to division (D) of this section, a
term of up
to six months in a jail; (3) If the offender is convicted of a fourth degree felony
OVI
offense and is sentenced under division (G)(1) of
section
2929.13 of the Revised Code, subject to division (D) of this
section, a term of up to one year in a jail less the
mandatory
term of
local incarceration of sixty or one hundred twenty
consecutive days of
imprisonment imposed pursuant
to that
division; (4) A term in a halfway house; (5) A term in an alternative residential facility. (B) The court that assigns any offender
convicted of a
felony to a residential sanction under this
section may authorize
the offender to be released so that the offender may
seek or
maintain employment, receive education or training, or
receive
treatment. A release pursuant to this division shall be
only for
the duration of time that is needed to fulfill the
purpose of the
release and for travel that reasonably is
necessary to fulfill the
purposes of the release. (C) If the court assigns an offender to a
county jail that
is not a minimum security misdemeanant jail in a county that
has
established a county jail industry program pursuant to section
5147.30 of
the Revised Code, the court shall specify, as part of
the sentence, whether the sheriff of that county may consider the
offender for participation in the county jail industry
program.
During the offender's term in the county jail, the
court shall
retain jurisdiction to modify its specification upon
a
reassessment of the offender's qualifications for participation
in
the program. (D) If a
court sentences an offender to a term in jail under
division
(A)(2) or (3) of this section and if the
sentence is
imposed for a felony of the fourth or fifth degree that is not an
offense of violence, the court may specify that it prefers that
the offender
serve the term in a minimum security jail established
under section 341.34 or
753.21 of the Revised Code. If the court
includes a
specification
of that type in the sentence and if the
administrator of the
appropriate minimum security jail or the
designee of that administrator
classifies the offender in
accordance with section 341.34 or 753.21 of the
Revised Code
as a
minimal security risk, the offender shall serve the term in the
minimum
security jail established under section 341.34 or 753.21
of the
Revised Code.
Absent a specification of that type and a
finding of that type, the offender
shall serve the term in a jail
other than a minimum security jail established
under section
341.34 or 753.21 of the Revised Code. (E) If a person who has been convicted of or pleaded guilty
to a
felony is sentenced to a community residential sanction as
described in
division (A) of this section, at the time of
reception and at other
times the person in charge of the operation
of the community-based
correctional facility, jail, halfway house,
alternative residential facility,
or other place at which the
offender will serve the residential sanction
determines to be
appropriate, the person in charge of the operation of the
community-based correctional facility, jail, halfway house,
alternative
residential facility, or other place may cause the
convicted offender to be
examined and tested for tuberculosis, HIV
infection, hepatitis,
including but not limited to hepatitis A, B,
and C,
and other
contagious diseases. The person in charge of the
operation of the
community-based correctional facility, jail,
halfway house, alternative
residential facility, or other place at
which the offender will serve the
residential sanction may cause a
convicted offender in the community-based
correctional facility,
jail, halfway house, alternative residential facility,
or other
place who refuses to be tested or treated for tuberculosis,
HIV
infection, hepatitis, including but not limited to hepatitis
A, B,
and C, or another contagious disease to be
tested and
treated
involuntarily.
Sec. 2929.17. The Except as provided in this section, the court imposing a sentence for a
felony
upon an offender who is not required to serve a mandatory
prison
term may impose any nonresidential sanction or combination
of
nonresidential sanctions authorized under this section.
If the
court imposes one or more nonresidential sanctions authorized
under
this section, the court shall impose
as a condition of the
sanction that, during the period of the nonresidential
sanction,
the offender shall abide by the law and shall not leave the state
without the permission of the court or the offender's probation
officer. The court imposing a sentence for a fourth degree felony
OVI
offense under division (G)(1) or (2)
of section 2929.13 of the
Revised
Code or for a third degree felony OVI offense under division (G)(2) of that section may impose upon the offender, in
addition to the
mandatory
term of local incarceration or mandatory prison term imposed under that the applicable
division,
a
nonresidential
sanction or combination of nonresidential
sanctions
under this section, and
the offender shall serve or
satisfy the
sanction or combination of sanctions
after the
offender has served
the mandatory term of local incarceration or mandatory prison term
required for the
offense. Nonresidential sanctions include, but
are not
limited
to, the following: (A) A term of day reporting; (B) A term of
house arrest
with
electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, a
term
of electronic monitoring or continuous alcohol monitoring without
house arrest, or a term of
house
arrest without electronic
monitoring or continuous alcohol monitoring; (C) A term of community service of up to five hundred
hours
pursuant to division
(B) of section 2951.02 of the
Revised Code
or, if the court determines that the
offender is financially
incapable of fulfilling a financial
sanction described in section
2929.18 of the Revised
Code, a term of community service as an
alternative to a
financial sanction; (D) A term in a drug treatment program with a level of
security for the offender as determined necessary by the court; (E) A term of intensive probation supervision; (F) A term of basic probation supervision; (G) A term of monitored time; (H) A term of drug and alcohol use monitoring, including
random drug testing; (J) A requirement that the offender obtain employment; (K) A requirement that the offender obtain education
or
training; (L) Provided the court obtains the prior approval of the
victim,
a requirement that the offender participate in
victim-offender mediation; (M) A license violation report; (N) If the offense is a violation of section 2919.25 or a
violation of section 2903.11, 2903.12, or 2903.13 of the Revised
Code involving a person who was a family or household member at
the
time of the violation, if the offender committed the offense
in the vicinity
of one or more children who are not victims of the
offense, and if the
offender or the victim of the offense is a
parent, guardian, custodian, or
person in loco parentis of one or
more of those children, a requirement that
the
offender obtain
counseling. This division does not limit the
court in requiring
the offender to obtain counseling for any offense or in any
circumstance not specified in this division.
Sec. 2929.19. (A)(1) The court shall hold a sentencing
hearing
before imposing a sentence
under this chapter upon an
offender who was convicted of or
pleaded guilty to a felony and
before resentencing an offender
who was convicted of or pleaded
guilty to a felony and whose case
was remanded pursuant to section
2953.07 or 2953.08 of the Revised
Code. At the hearing, the
offender, the prosecuting attorney, the victim or
the victim's
representative in accordance with section 2930.14 of
the Revised
Code, and, with the approval of the
court, any other person may
present information relevant to the
imposition of sentence in the
case. The court shall inform the
offender of the verdict of the
jury or finding of the court and
ask the offender whether the
offender has anything to say as to why
sentence should not be
imposed upon the offender. (2) Except as otherwise provided in this division, before
imposing sentence on an offender who is being
sentenced for a
sexually oriented offense that was committed on or after
January
1, 1997, that is not a registration-exempt sexually oriented offense,
and that is not a sexually violent offense,
and before
imposing sentence on an offender who is being sentenced for a
sexually violent offense committed on or after January 1,
1997,
and who was not
charged with a sexually violent
predator
specification in the indictment, count in the indictment, or
information charging the sexually violent offense, and before imposing sentence on or after May 7, 2002, on an offender who is being sentenced for a sexually oriented offense that is not a registration-exempt sexually oriented offense and who was acquitted of a sexually violent predator specification included in the indictment, count in the indictment, or information charging the sexually oriented offense, the court shall
conduct a
hearing in accordance with division (B)
of section
2950.09 of the Revised Code to
determine whether the offender is a
sexual predator. The court shall not
conduct a hearing under that
division if the offender is being sentenced for a
sexually violent
offense, if a sexually violent predator specification was
included
in the
indictment, count in the indictment, or information
charging the
sexually violent offense, and if the offender was convicted of or pleaded guilty to that sexually violent predator specification. Before imposing sentence
on an
offender who is being sentenced for a sexually oriented
offense that is not a registration-exempt sexually oriented offense,
the court also shall comply with division (E) of section
2950.09 of
the Revised Code. Before imposing sentence on or after the effective date of this amendment July 31, 2003, on an offender who is being sentenced for a child-victim oriented offense, regardless of when the offense was committed, the court shall conduct a hearing in accordance with division (B) of section 2950.091 of the Revised Code to determine whether the offender is a child-victim predator. Before imposing sentence on an offender who is being sentenced for a child-victim oriented offense, the court also shall comply with division (E) of section 2950.091 of the Revised Code. (B)(1) At the sentencing hearing, the court,
before imposing
sentence, shall consider the record,
any information presented at
the hearing by any person pursuant
to division (A) of this
section, and, if one was
prepared, the presentence investigation
report made pursuant to
section 2951.03 of the Revised Code or
Criminal Rule 32.2, and any victim impact
statement made pursuant
to section 2947.051 of the
Revised Code. (2) The court shall impose a sentence and shall make a
finding that gives its reasons for selecting the sentence
imposed
in any of the following circumstances: (a) Unless the offense is a sexually violent offense for
which
the court is required to impose sentence pursuant to
division (G) of
section 2929.14 of the Revised Code, if it imposes
a prison term for a felony
of the fourth or fifth degree or for a
felony drug
offense that is a violation of a provision of
Chapter
2925. of the Revised Code and that is specified as
being subject
to division (B)
of section 2929.13 of the Revised Code for
purposes of
sentencing, its reasons for imposing the prison term,
based upon the overriding purposes and principles of felony
sentencing set
forth in section 2929.11 of the Revised Code, and
any factors
listed in divisions (B)(1)(a) to (i) of section
2929.13 of
the Revised
Code that it found to apply relative to the
offender. (b) If it does not impose a
prison term for a felony of the
first or second degree or for
a felony drug offense that is a
violation of a
provision of Chapter 2925. of
the Revised Code and
for which a
presumption in favor of a prison term is specified as
being
applicable, its reasons for not imposing the prison term and
for
overriding the presumption, based upon the overriding purposes
and principles of felony sentencing set forth in section 2929.11
of the Revised Code, and the basis of the findings it made under
divisions (D)(1) and (2) of
section 2929.13 of the Revised Code. (c) If it imposes consecutive sentences under
section
2929.14 of the Revised Code, its reasons for imposing
the
consecutive sentences; (d) If the sentence is for one offense and it imposes a
prison term for the
offense that is the maximum prison term
allowed for that offense by division
(A) of section 2929.14 of the
Revised Code, its reasons for imposing the
maximum prison term; (e) If the sentence is for two or more offenses arising out
of a single
incident and it imposes a prison term for those
offenses that is the maximum
prison term allowed for the offense
of the highest degree by division (A) of
section 2929.14 of the
Revised Code, its reasons for imposing the maximum
prison term. (3) Subject to division (B)(4) of
this section, if the
sentencing court determines at the
sentencing hearing that a
prison term is necessary or required,
the court shall do all of
the following: (a) Impose a stated prison term; (b) Notify the offender that, as part of the sentence,
the
parole board may extend the stated prison term for certain
violations of
prison rules for up to
one-half of the stated prison
term; (c) Notify the offender that the offender will be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is
being sentenced for a
felony of
the first degree or second
degree, for a felony
sex offense, or
for a felony of the third degree in the commission of which
the
offender caused or threatened to cause physical harm to a person; (d) Notify the offender that the offender may be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is being sentenced for a
felony of
the third, fourth, or fifth degree that is not subject to
division
(B)(3)(c) of this section; (e) Notify the offender that, if a
period of supervision is
imposed following
the
offender's release from prison, as described
in division
(B)(3)(c) or (d) of this
section, and if the offender
violates that supervision or a condition of
post-release control
imposed under division (B) of section 2967.131 of the
Revised
Code, the parole board may
impose a prison
term, as part of the
sentence, of up to one-half of the stated
prison term originally
imposed
upon the offender; (f) Require that the offender not ingest or be injected with
a drug of abuse
and submit to random drug testing as provided in
section 341.26, 753.33, or
5120.63 of the Revised Code, whichever
is applicable to the offender who is
serving a prison term, and
require that the results of the drug test
administered under any
of those sections indicate that the offender did not
ingest or was
not injected with a drug of abuse. (4) If the offender is being sentenced for a sexually
violent offense
that the offender committed on or after January 1,
1997,
and the offender also is convicted of or pleads guilty to a
sexually
violent predator specification that was included in the
indictment, count in
the indictment, or information charging the
sexually violent offense, if the
offender is being sentenced
for
a
sexually oriented offense that is not a registration-exempt sexually oriented offense and that the offender
committed on or
after
January 1, 1997, and the court
imposing the sentence has
determined pursuant to division (B) of
section 2950.09 of
the
Revised Code that the offender is a sexual predator, if the offender is being sentenced on or after the effective date of this amendment July 31, 2003, for a child-victim oriented offense and the court imposing the sentence has determined pursuant to division (B) of section 2950.091 of the Revised Code that the offender is a child-victim predator,
or if the
offender is being sentenced for an aggravated sexually oriented
offense as defined in section 2950.01 of the Revised Code, the
court
shall include in the offender's
sentence a
statement that
the
offender has been adjudicated a sexual
predator, has been adjudicated a child victim predator,
or has been convicted of or pleaded guilty
to an
aggravated sexually oriented offense, whichever is
applicable, and
shall
comply with the requirements of section
2950.03 of the
Revised
Code. Additionally, in the circumstances
described in
division
(G) of section 2929.14 of the Revised Code,
the court
shall impose
sentence on
the offender as described in
that
division. (5) If the sentencing court determines at the
sentencing
hearing that a community control sanction should be
imposed and
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction.
The
court shall notify the offender that, if the conditions of the
sanction are violated, if
the offender commits a violation of any
law, or if the offender leaves this
state without the permission
of the court or the offender's probation
officer, the court
may
impose a longer time under
the same sanction, may impose a more
restrictive sanction, or may
impose a prison term on the offender
and shall indicate the
specific prison term that may be imposed as
a sanction for the
violation, as selected by the court from the
range of prison
terms for the offense pursuant to section 2929.14
of the
Revised Code. (6) Before imposing a financial sanction under section
2929.18 of the Revised Code or a fine under section
2929.32 of the
Revised
Code, the court shall consider the
offender's present and
future ability to
pay the amount of the
sanction or fine.
(7) If the sentencing court sentences the offender to a
sanction of confinement pursuant to section 2929.14 or 2929.16 of
the Revised Code that is to be served in a local detention
facility, as defined in section
2929.36 of the Revised
Code, and
if the local detention facility is covered by a policy
adopted
pursuant to section 307.93, 341.14, 341.19, 341.21,
341.23,
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised
Code
and section 2929.37 of the Revised Code, both of the
following
apply: (a) The court shall specify both of the following as part of
the sentence: (i) If the offender is presented with an itemized bill
pursuant to section 2929.37 of the Revised Code for payment of the
costs of confinement, the offender is required to pay the bill in
accordance with that section. (ii) If the offender does not dispute the bill described in
division (B)(7)(a)(i) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the
clerk of the court may
issue a certificate of judgment against the
offender as described
in that section. (b) The sentence automatically includes any certificate of
judgment issued as described in division (B)(7)(a)(ii) of this
section. (C)(1) If the offender is being sentenced for a fourth
degree felony
OVI offense under division (G)(1) of
section
2929.13
of the Revised Code, the court shall impose the mandatory
term
of
local
incarceration in accordance with that division,
shall impose
a mandatory fine
in accordance with division (B)(3)
of section
2929.18 of the Revised Code,
and, in addition, may
impose
additional sanctions as specified in sections
2929.15,
2929.16,
2929.17, and 2929.18 of the Revised Code. The court
shall
not
impose a prison term on the offender except that the court may impose a prison term upon the offender as provided in division (A)(1) of section 2929.13 of the Revised Code. (2) If the offender is being sentenced for a third or fourth
degree felony
OVI offense under division (G)(2) of
section
2929.13
of the Revised Code, the court shall impose the mandatory
prison
term in accordance with that
division, shall impose a
mandatory
fine in accordance with division (B)(3) of
section
2929.18 of the
Revised Code, and, in addition, may impose an
additional prison
term as specified in section 2929.14 of the
Revised Code.
The In addition to the mandatory prison term or mandatory prison term and additional prison term the court imposes, the
court shall not also may impose any a community control
sanction on the
offender, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction. (D)
The sentencing court, pursuant to division (K) of
section
2929.14 of the Revised Code, may recommend placement of
the
offender in a program of
shock incarceration
under section
5120.031 of the Revised Code or an intensive program prison
under
section 5120.032 of the Revised Code, disapprove placement of
the
offender in a program or prison of that nature, or make no
recommendation.
If the court
recommends or disapproves
placement,
it shall make a finding that gives its reasons for its
recommendation
or disapproval.
Sec. 2929.24. (A) Except as provided in section 2929.22 or
2929.23 of
the
Revised Code and unless another term is required or
authorized
pursuant to law, if the sentencing
court imposing a
sentence upon
an offender for a misdemeanor elects or is
required
to impose a
jail
term on the offender pursuant to this chapter,
the court
shall impose
a definite jail term that shall be one of
the
following: (1) For a misdemeanor of the first degree, not more than one
hundred eighty days; (2) For a misdemeanor of the second degree, not more than
ninety
days; (3) For a misdemeanor of the third degree, not more than
sixty
days; (4) For a misdemeanor of the fourth degree, not more than
thirty
days. (B) A court that sentences an offender to a jail term under
this
section may permit the offender to serve the sentence in
intermittent confinement or may authorize a
limited release of the
offender as provided in division (B) of
section 2929.26 of the
Revised Code. (C) If a court sentences an offender to a jail term under
this
section and the court assigns the offender to a county jail
that
has established a county jail industry program pursuant to
section
5147.30 of the Revised Code, the court shall specify, as
part of
the sentence, whether the offender may be considered for
participation in the program. During the offender's term in the
county
jail, the court retains jurisdiction to modify its
specification
regarding the offender's participation in the county
jail industry
program. (D) If a person is sentenced to a jail term
pursuant to this
section, the
court may impose as part of the sentence pursuant to
section
2929.28 of the Revised Code a reimbursement sanction, and,
if
the
local detention facility in which the term is to be served
is covered by a policy adopted
pursuant
to section 307.93, 341.14,
341.19, 341.21, 341.23,
753.02, 753.04,
753.16, 2301.56, or
2947.19 of the Revised Code
and section
2929.37 of the Revised
Code, both of the following
apply: (1) The court shall specify both of the following as part of
the sentence: (a) If the person is presented with an itemized bill pursuant
to section 2929.37 of the Revised Code for payment of the costs of
confinement, the person is required to pay the bill in accordance
with that section. (b) If the person does not dispute the bill described in
division (D)(1)(a) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the
clerk of the court may
issue a certificate of judgment against the
person as described in
that section. (2) The sentence automatically includes any certificate of
judgment issued as described in division (D)(1)(b) of this
section.
(E) If an offender who is convicted of or pleads guilty to a
violation of division (B) of section 4511.19 of the Revised Code also is convicted of or also pleads guilty to a specification of
the type described in section 2941.1414 of the Revised Code and
if the court imposes a
jail term on the offender for the underlying
offense, the court shall
impose upon the offender an additional
definite jail term of not more than six months. The
additional jail term shall not be reduced pursuant to
any provision of the
Revised Code. The offender shall serve the
additional jail term consecutively to and prior to the
jail term imposed for the underlying offense and
consecutively
to any other mandatory term imposed in relation to
the offense.
Sec. 2929.27. (A) Except when
a mandatory jail term is
required by law, the court
imposing a sentence for a misdemeanor,
other than a minor
misdemeanor, may impose
upon the offender any
nonresidential
sanction or combination of nonresidential
sanctions
authorized
under this division. Nonresidential
sanctions include,
but are
not limited to, the following: (1) A term of day reporting; (2) A term of house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, a
term
of
electronic monitoring or continuous alcohol monitoring without house arrest, or a term of
house
arrest
without electronic monitoring or continuous alcohol monitoring; (3) A term of community service of up to five hundred hours
for a
misdemeanor of the first degree or two hundred hours for a
misdemeanor
of the second, third, or fourth degree; (4) A term in a drug treatment program with a level of
security
for the offender as determined necessary by the court; (5) A term of intensive probation supervision; (6) A term of basic probation supervision; (7) A term of monitored time; (8) A term of drug and alcohol use monitoring, including
random drug testing; (10) A requirement that the offender obtain employment; (11) A requirement that the offender obtain education or
training; (12) Provided the court obtains the prior approval of the
victim,
a requirement that the offender participate in
victim-offender
mediation; (13) If authorized by law, suspension of the offender's
privilege
to operate a motor vehicle, immobilization or forfeiture
of the
offender's motor vehicle, a requirement that the offender
obtain a valid
motor vehicle operator's license, or any other
related sanction; (14) A requirement that the offender obtain counseling if the
offense is a violation of section 2919.25 or a violation of
section 2903.13 of the Revised Code involving a person who was a
family or household member at the time of the violation, if the
offender committed the offense in the vicinity of one or more
children who are not victims of the offense, and if the offender
or the victim of the offense is a parent, guardian, custodian, or
person in loco parentis of one or more of those children. This
division does not limit the court in requiring that the offender
obtain counseling for any offense or in any circumstance not
specified in this division. (B) In addition to the sanctions authorized under division
(A) of
this section, the court imposing a sentence for a
misdemeanor,
other than a minor misdemeanor,
upon an
offender who
is not required to serve a mandatory jail
term may
impose any
other sanction that is intended to discourage
the
offender or
other persons from committing a similar offense if
the
sanction is
reasonably related to the overriding purposes and
principles of
misdemeanor sentencing. (C) The court imposing a sentence for a minor misdemeanor
may
impose a term of community service in lieu of all or part of a
fine. The term of community service imposed for a minor
misdemeanor shall not exceed thirty hours.
Sec. 2941.1413. (A) Imposition of a mandatory additional
prison term of one, two, three, four, or five years upon an
offender under division (G)(2) of section 2929.13 of the Revised
Code
is precluded unless the indictment, count in the indictment,
or
information charging a felony violation of division (A) of
section
4511.19 of the Revised Code specifies that the offender, within twenty years of the offense,
previously
has been convicted of or pleaded guilty to five or more
equivalent offenses. The specification shall be stated at the end
of the
body of
the indictment, count, or information and shall be
stated
in
substantially the following form: "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The
Grand Jurors (or insert the person's or the prosecuting attorney's
name when appropriate) further find and specify that (set forth
that the offender, within twenty years of committing the offense,
previously had been convicted of or pleaded guilty to five or more equivalent offenses)." (B) As used in division (A) of this section, "equivalent offense" has
the same meaning as in section 4511.181 of the Revised Code.
Sec. 2941.1414. (A) Imposition of a mandatory, additional,
definite jail term of up to six months upon an offender
under division (E) of section 2929.24 of the Revised Code is
precluded unless the information charging a violation of division
(B) of section 4511.19 of the Revised Code specifies that the
offender, within twenty years of the offense, previously has been convicted of or pleaded guilty to
five or more equivalent offenses. The specification
shall be
stated at the end of the body of the information and
shall be
stated in substantially the following form: "SPECIFICATION. (Insert the person's or the prosecuting
attorney's name as appropriate) further finds and specifies that
(set forth that the offender, within twenty years of committing
the offense, previously had been convicted of or pleaded guilty to
five or more equivalent offenses)." (B) As used in division (A) of this section, "equivalent offense" has
the same meaning as in section 4511.181 of the Revised Code.
Sec. 4123.54. (A) Every employee, who is injured or who
contracts an occupational disease, and the dependents of each
employee who is killed, or dies as the result of an occupational
disease contracted in the course of employment, wherever such
injury has occurred or occupational disease has been contracted,
provided the same were not: (1) Purposely self-inflicted; or (2) Caused by the employee being intoxicated or under the
influence of a controlled substance not prescribed by a physician
where the intoxication or being under the influence of the
controlled substance not prescribed by a physician was the
proximate cause of the injury, is entitled to receive, either
directly from the employee's self-insuring employer as
provided in
section
4123.35 of the Revised Code, or from the state insurance
fund,
the compensation for loss sustained on account of the
injury,
occupational disease, or death, and the medical, nurse,
and
hospital services and medicines, and the amount of funeral
expenses in case of death, as are provided by this chapter.
(B) For the purpose of this section, provided that an
employee is
given or has been given notice that the results of, or
the employee's refusal
to submit to, any chemical test described
under this division may affect the
employee's eligibility for
compensation and benefits pursuant to this chapter
and Chapter
4121. of the Revised Code,
there is a rebuttable presumption that
an employee is intoxicated
or under the influence of a controlled
substance not prescribed by a
physician and that being intoxicated
or under the influence of a
controlled substance not prescribed by
a physician is the
proximate cause of an injury when any one or
more of the following
is true: (1) The employee, through a chemical test administered
within
eight hours of an injury, is determined to have an alcohol
concentration
level equal to or in excess of the levels
established in divisions
(A)(2) to (7)(1)(b) to (i) of section 4511.19 of the
Revised
Code; (2) The employee, through a chemical test administered
within
thirty-two hours of an injury, is determined to have one of
the
following controlled substances not prescribed by the
employee's
physician in the employee's system that tests above the
following
levels in an enzyme multiplied immunoassay technique
screening test and above
the levels established in division (B)(3)
of this section in a gas
chromatography mass spectrometry test: (a) For amphetamines, one thousand nanograms per milliliter
of
urine; (b) For cannabinoids, fifty nanograms per milliliter of
urine; (c) For cocaine, including crack cocaine, three hundred
nanograms
per milliliter of urine; (d) For opiates, two thousand nanograms per milliliter of
urine; (e) For phencyclidine, twenty-five nanograms per milliliter
of
urine. (3) The employee, through a chemical test administered
within
thirty-two hours of an injury, is determined to have one of
the
following controlled substances not prescribed by the
employee's
physician in the employee's system that tests above the
following
levels by a gas chromatography mass spectrometry test: (a) For amphetamines, five hundred nanograms per milliliter
of
urine; (b) For cannabinoids, fifteen nanograms per milliliter of
urine; (c) For cocaine, including crack cocaine, one hundred fifty
nanograms per milliliter of urine; (d) For opiates, two thousand nanograms per milliliter of
urine; (e) For phencyclidine, twenty-five nanograms per milliliter
of
urine. (4) The employee, through a chemical test administered
within
thirty-two hours of an injury, is determined to have
barbiturates,
benzodiazepines, methadone, or propoxyphene in the
employee's system
that tests above levels established by
laboratories certified by the
United States department of health
and human services. (5) The employee refuses to submit to a requested chemical
test. Whenever, with respect to an employee of an employer who is
subject to and has complied with this chapter, there is
possibility of conflict with respect to the application of
workers' compensation laws because the contract of employment is
entered into and all or some portion of the work is or is to be
performed in a state or states other than Ohio, the employer and
the employee may agree to be bound by the laws of this state or
by
the laws of some other state in which all or some portion of
the
work of the employee is to be performed. The agreement shall
be
in writing and shall be filed with the bureau of workers'
compensation within ten days after it is executed and shall
remain
in force until terminated or modified by agreement of the
parties
similarly filed. If the agreement is to be bound by the
laws of
this state and the employer has complied with this
chapter, then
the employee is entitled to compensation and
benefits regardless
of where the injury occurs or the disease is
contracted and the
rights of the employee and the employee's
dependents
under the
laws of this state are the exclusive remedy against the
employer
on account of injury, disease, or death in the course of
and
arising out of the employee's employment. If the
agreement is to
be
bound by the laws of another state and the employer has
complied
with the laws of that state, the rights of the employee
and the
employee's
dependents under the laws of that state are the
exclusive remedy
against the employer on account of injury,
disease, or death in
the course of and arising out of the
employee's employment
without regard
to
the place where the injury
was sustained or the disease
contracted. If any employee or the employee's dependents are awarded
workers'
compensation benefits or recover damages from the
employer under
the laws of another state, the amount awarded or
recovered,
whether paid or to be paid in future installments,
shall be
credited on the amount of any award of compensation or
benefits
made to the employee or the employee's dependents by the
bureau. If an employee is a resident of a state other than this
state
and is insured under the workers' compensation law or
similar laws
of a state other than this state, the employee and the employee's
dependents are not entitled to receive
compensation or
benefits
under this chapter, on account of injury, disease, or
death
arising out of or in the course of employment while
temporarily
within this state, and the rights of the employee and the
employee's dependents under the laws of the other state
are the
exclusive remedy against the employer on account of the injury,
disease, or death. Compensation or benefits are not payable to a claimant
during
the period of confinement of the claimant in any state or
federal
correctional institution whether in this or any other state for
conviction of violation of any state or federal criminal law.
Sec. 4507.02. (A)(1) No person shall permit the operation of
a motor
vehicle
upon
any public or private property used by the
public
for
purposes of
vehicular travel or parking knowing the
operator
does
not have a
valid driver's license issued to the
operator by
the
registrar of
motor vehicles under this chapter or
a valid
commercial driver's
license issued under Chapter 4506. of
the
Revised Code.
Whoever
violates this division is guilty of a
misdemeanor of the first
degree. (2) No person shall receive a driver's license, or a
motorcycle operator's endorsement of a driver's or commercial
driver's license, unless and until the person surrenders to
the
registrar
all valid licenses issued to the person by another
jurisdiction
recognized by this state. All surrendered licenses
shall be
returned by the registrar to the issuing authority,
together with
information that a license is now issued in this
state. No
person shall be permitted to have more than one valid
license at
any time. (B)(1) If a person is convicted of a violation of
section
4510.11, 4510.14,
4510.16, or
4510.21 of
the Revised Code or if
division (F) of section 4507.164
of the
Revised Code
applies, the
trial judge of any court,
in
addition to
or independent of, any
other penalties provided by
law
or
ordinance, shall impound the
identification license plates
of
any
motor vehicle registered in
the name of the person. The
court
shall send the impounded
license plates to the registrar,
who may
retain the license plates
until the driver's or
commercial
driver's license of the owner has
been reinstated or
destroy them
pursuant to section 4503.232 of
the Revised Code. If the license plates of a person convicted of a violation
of
any provision of those
sections have been impounded
in accordance
with the provisions of
this division, the court
shall notify the
registrar of that
action. The notice shall
contain the name and
address of the
driver, the serial number of
the driver's driver's
or commercial
driver's license, the
serial numbers
of the license
plates of the
motor vehicle, and the length of
time for which the
license plates
have been impounded. The
registrar shall record
the data in the
notice as part of the
driver's permanent record. (2) Any motor vehicle owner who has had the license plates
of a motor vehicle impounded pursuant to division
(B)(1) of
this
section may apply to the registrar, or to a deputy registrar,
for
special restricted license plates
that shall conform to the
requirements of
section 4503.231 of the Revised Code. The
registrar or deputy
registrar forthwith shall notify the court of
the application
and,
upon approval of the court, shall issue
special restricted license
plates to
the applicant. Until the driver's or
commercial
driver's license
of the owner is reinstated, any new
license
plates issued to the
owner also shall conform to the
requirements of
section 4503.231
of the Revised Code. The registrar or deputy
registrar shall charge the owner of a
vehicle the
fees provided in section 4503.19 of the Revised Code
for special restricted
license plates that are issued in accordance
with this
division, except upon renewal as specified in section
4503.10 of
the Revised Code, when the regular fee as provided in
section
4503.04 of the Revised Code shall be charged. The registrar or
deputy registrar shall charge the owner of a
vehicle the fees
provided in section 4503.19 of the Revised Code whenever special restricted
license
plates are exchanged, by reason of the
reinstatement of
the driver's or commercial driver's license of
the owner, for
those ordinarily issued. (3) If an owner wishes to sell a motor vehicle during the
time the special restricted license plates provided under division
(B)(2)
of
this section are in use, the owner may apply to the court
that
impounded
the license plates of the motor vehicle for permission
to
transfer title to the motor vehicle. If the court is satisfied
that the sale will be made in good faith and not for the purpose
of circumventing the provisions of this section, it may certify
its consent to the owner and to the registrar of motor vehicles
who shall enter notice of the transfer of the title of the motor
vehicle in the vehicle registration record. If, during the time the special restricted license plates provided
under
division
(B)(2) of this section are in use, the title
to a
motor
vehicle is transferred by the foreclosure of a chattel
mortgage, a
sale upon execution, the cancellation of a
conditional
sales
contract, or by order of a court, the court
shall notify the
registrar of the action and the registrar shall
enter notice of
the transfer of the title to the motor vehicle in
the vehicle
registration record. (C) This section is not intended to change or modify any
provision of Chapter 4503. of the Revised Code with respect to
the
taxation of motor vehicles or the time within which the taxes
on
motor vehicles shall be paid.
Sec. 4507.05. (A) The registrar of motor vehicles, or
a
deputy registrar, upon receiving
an application
for a temporary
instruction permit and a temporary instruction permit
identification card for a driver's license from any person
who is
at least fifteen years and six months of age, may
issue such a
permit and identification card entitling the applicant to
drive a
motor vehicle,
other than a commercial motor vehicle, upon the
highways
under the following conditions: (1) If the permit is issued to a person who is at least
fifteen years
and six months of age, but less than sixteen years
of age: (a) The permit and identification card are in the
holder's
immediate possession; (b) The holder is accompanied by an eligible adult
who
actually occupies the seat beside the permit holder and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in division (A) of section 4511.19 of the Revised Code; (c) The total number of occupants of the vehicle
does not
exceed the total number of occupant restraining devices originally
installed in the motor vehicle by its manufacturer, and each
occupant of the
vehicle is wearing all of the available elements
of a properly adjusted
occupant restraining device. (2) If the permit is issued to a person who is at least
sixteen years of
age: (a) The permit and identification card are in the holder's
immediate
possession; (b) The holder is
accompanied by a licensed operator who is
at least twenty-one years of age
and, is actually occupying a
seat
beside the driver, and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in division (A) of section 4511.19 of the Revised Code; (c) The total number of occupants of the
vehicle does not
exceed the total number of occupant restraining devices
originally
installed in the motor vehicle by its manufacturer, and each
occupant
of the vehicle is wearing all of the
available elements
of a properly adjusted occupant restraining
device.
(B) The registrar or a deputy registrar,
upon receiving from
any person an application for a temporary
instruction permit and
temporary instruction permit identification card
to
operate a
motorcycle or motorized bicycle,
may issue such a permit and
identification card entitling the
applicant, while
having the
permit and identification card in the applicant's
immediate
possession, to drive a
motorcycle or motorized bicycle under
restrictions determined by the registrar.
A temporary instruction
permit and temporary instruction permit
identification card to
operate a motorized bicycle may be issued
to a person fourteen or
fifteen years old. (C) Any permit and identification card issued under this
section shall be
issued in the same manner as a driver's license,
upon a
form to be
furnished by the registrar.
A temporary
instruction
permit to drive a motor vehicle other than a
commercial motor vehicle
shall be valid for a period of one year.
(D) Any person having in the person's possession a
valid and
current
driver's license or motorcycle operator's license or
endorsement
issued to the person by another jurisdiction
recognized by
this state is
exempt from obtaining a temporary
instruction permit for a
driver's license, but shall submit to the
regular examination in
obtaining a driver's license or motorcycle
operator's endorsement
in this state.
(E) The registrar may adopt rules governing the use
of
temporary instruction permits and temporary
instruction permit
identification cards.
(F)(1) No holder of a permit issued
under division (A) of
this
section shall operate a motor vehicle upon a highway or any
public or private property used by the public for purposes of
vehicular travel or parking in violation of the conditions
established under division (A)
of this section. (2) Except as provided in division (F)(2) of this section,
no
holder of a permit that is issued under division
(A) of this
section and that is issued on or
after
the effective date of this
amendment
July 1, 1998, and who has not attained the age
of
seventeen years,
shall
operate a motor vehicle upon a highway or
any public or
private property used
by the public for purposes of
vehicular
travel or parking between the hours of
one a.m. and five
a.m. The holder of a permit issued under division (A) of this
section
on
or after
the effective date of this amendment
July 1,
1998, who has
not attained the age of
seventeen years, may operate
a motor
vehicle upon a highway or any public or
private property
used by
the public for purposes of vehicular travel or parking
between the
hours of one a.m. and five
a.m. if, at the time of
such operation,
the holder is
accompanied by the holder's parent,
guardian, or
custodian, and the parent,
guardian, or custodian
holds a current
valid driver's or commercial driver's
license
issued by this state
and, is actually occupying a seat beside the
permit holder, and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in division (A) of section 4511.19 of the Revised Code. (G)(1) Notwithstanding
any other provision of law to the
contrary, no law enforcement
officer shall cause the operator of a
motor vehicle being
operated on any street or highway to stop the
motor vehicle for
the sole purpose of determining whether each
occupant of the
motor vehicle is wearing all of the available
elements of a
properly adjusted occupant restraining device as
required by
division (A) of this
section, or for the sole purpose
of issuing a ticket, citation,
or summons if the requirement in
that division has been or is
being violated, or for causing the
arrest of or commencing a
prosecution of a person for a violation
of that
requirement. (2) Notwithstanding any other provision of law to the
contrary, no law
enforcement officer shall cause the operator of a
motor vehicle being operated
on any street or highway to stop the
motor vehicle for the sole purpose of
determining whether a
violation of division
(F)(2) of this section has been or is being
committed or for the sole purpose of issuing a ticket, citation,
or summons
for
such a violation or for causing the arrest of or
commencing a prosecution of a
person for such violation. (H) As used in this section: (1) "Eligible adult" means any of the following: (a) An instructor of
a driver training course approved
by
the department of public safety; (b) Any of the following persons who holds a current
valid
driver's or commercial driver's license issued by this state: (i) A parent, guardian, or custodian of the permit
holder; (ii) A person twenty-one years of age or older who
acts in
loco parentis of the permit holder. (2) "Occupant restraining device" has the same meaning as
in
section 4513.263 of the
Revised
Code.
(I) Whoever violates division (F)(1) or (2) of this section
is guilty of a minor misdemeanor.
Sec. 4510.13. (A)(1) Divisions (A)(2) to (7) of this
section apply to a judge or mayor
regarding the suspension of, or
the grant of limited driving privileges
during, a suspension of, an
offender's driver's or
commercial driver's license or permit or
nonresident operating
privilege imposed under division (G) or (H)
of section
4511.19 of the Revised Code, under division (B)
or (C)
of section 4511.191 of the Revised Code, or under section
4510.07
of the Revised Code for a conviction of a violation of a
municipal
OVI ordinance. (2) No judge or mayor shall suspend the following portions
of the
suspension of an offender's driver's or commercial driver's
license or
permit or nonresident operating privilege imposed under
division
(G) or (H) of section
4511.19 of the Revised Code or
under section 4510.07 of the Revised Code for a conviction of
a
violation of a municipal OVI ordinance, provided that division
(A)(2) of this section does not limit a court or
mayor in
crediting any period of suspension imposed pursuant to division
(B) or (C) of section 4511.191 of the Revised Code against
any
time of judicial suspension imposed pursuant to section 4511.19 or
4510.07 of the Revised Code, as described in divisions
(B)(2) and
(C)(2) of section
4511.191 of the Revised Code: (a) The first six months of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code
or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code; (b) The first year of a suspension imposed under division
(G)(1)(b) or (c) of
section 4511.19 of the Revised Code or of a
comparable
length
suspension imposed under section 4510.07 of the
Revised
Code; (c) The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or of a
comparable length suspension imposed under section 4510.07
of the Revised Code; (d) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code. (3) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(G) or (H) of section 4511.19 of the Revised Code, under
division (C) of section 4511.191 of the Revised Code, or under
section 4510.07 of the Revised Code for a municipal OVI conviction
if the offender, within the preceding six years, has been
convicted of or
pleaded guilty to three or more violations of one
or more of the Revised Code sections, municipal ordinances,
statutes
of the United States or another state, or municipal
ordinances of
a municipal corporation of another state that are
identified in
divisions (G)(2)(b) to (h) of section
2919.22 of the
Revised Code. Additionally, no judge or mayor shall grant limited driving
privileges to an offender whose driver's or commercial driver's
license
or permit or nonresident operating privilege has been
suspended under
division (B) of section 4511.191 of the Revised
Code if the
offender, within the preceding six years, has refused
three previous requests
to consent to a chemical test of the
person's whole blood, blood serum or
plasma, breath, or urine to
determine its alcohol content. (4) No judge or mayor shall grant limited driving privileges
for
employment as a driver of commercial motor vehicles to an
offender whose
driver's or commercial driver's license or permit
or nonresident
operating privilege has been suspended under
division (G) or
(H)
of section 4511.19 of the Revised Code, under
division (B) or (C)
of section 4511.191 of the Revised Code, or
under section 4510.07
of the Revised Code for a municipal OVI
conviction if the
offender is disqualified from operating a
commercial motor vehicle, or whose license or permit has been
suspended, under
section 3123.58 or 4506.16 of the
Revised Code. (5) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(G) or (H) of section 4511.19 of the Revised Code, under
division (C) of section 4511.191 of the Revised Code, or under
section 4510.07 of the Revised Code for a conviction of a
violation of a municipal OVI ordinance during any of the following
periods of time: (a) The first fifteen days of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code or a
comparable
length suspension imposed under section 4510.07 of the
Revised Code, or of a suspension
imposed under
division (C)(1)(a)
of section 4511.191 of the
Revised Code. On or after
the
sixteenth day of the suspension, the court may grant limited
driving privileges, but the court may require that the offender
shall not
exercise the privileges
unless the vehicles the offender
operates are equipped with
immobilizing or disabling devices that
monitor the offender's
alcohol consumption or any other type of
immobilizing or disabling
devices, except as provided in division
(C) of section 4510.43
of the Revised Code. (b) The first thirty days of a suspension imposed under
division
(G)(1)(b) of section 4511.19 of the Revised Code or a
comparable
length suspension imposed under section 4510.07 of the
Revised Code, or of a suspension
imposed under
division (C)(1)(b)
of section 4511.191 of the
Revised Code. On or after the
thirty-first day of
suspension, the court may grant limited
driving privileges, but the court may
require that the offender
shall not exercise the privileges
unless the vehicles the offender
operates are equipped with
immobilizing or disabling devices that
monitor the offender's
alcohol consumption or any other type of
immobilizing or disabling
devices, except as provided in division
(C) of section 4510.43
of the Revised Code. (c) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or a
comparable length suspension imposed under section 4510.07 of the
Revised Code. (d) The first one hundred eighty days of a suspension
imposed
under division (G)(1)(c) of section 4511.19 of the Revised
Code or
a comparable length suspension imposed under section
4510.07 of the Revised Code, or of a
suspension imposed under
division
(C)(1)(c) of section 4511.191 of
the Revised Code. The
judge may grant limited driving
privileges
on or after the one
hundred eighty-first day of the suspension only if the
judge, at
the time of granting the privileges, also
issues an order
prohibiting the offender, while exercising the
privileges during
the period commencing with the one hundred
eighty-first day of
suspension and ending with the first year of
suspension, from
operating any motor vehicle unless it is equipped
with an
immobilizing or disabling device that monitors the
offender's
alcohol consumption. After the first year of the
suspension, the
court may authorize the offender to continue
exercising the
privileges in vehicles that are not equipped with
immobilizing or
disabling devices that monitor the offender's
alcohol consumption,
except as provided in division (C) of section
4510.43 of the
Revised Code. If the offender does not petition for
limited
driving privileges until after the first year of
suspension, the
judge may grant limited driving privileges without
requiring the
use of an immobilizing or disabling device that
monitors the
offender's alcohol consumption. (e) The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or a
comparable length suspension imposed under section 4510.07 of
the Revised Code, or of a
suspension imposed under
division
(C)(1)(d) of section 4511.191 of the
Revised Code. The
judge may
grant limited driving privileges after the first three
years of
suspension only if the judge, at the time of granting the
privileges, also issues an order prohibiting the offender from
operating any motor vehicle, for the period of suspension
following the first three years of suspension, unless the motor
vehicle is equipped with an immobilizing or disabling device that
monitors the offender's alcohol consumption, except as provided in
division
(C) of section 4510.43 of the Revised Code. (6) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(B) of section 4511.191 of the Revised Code during any of
the following periods of time: (a) The first thirty days of suspension imposed under
division
(B)(1)(a) of section 4511.191 of the Revised Code; (b) The first ninety days of suspension imposed under
division
(B)(1)(b) of section 4511.191 of the Revised Code; (c) The first year of suspension imposed under division
(B)(1)(c)
of section 4511.191 of the Revised Code; (d) The first three years of suspension imposed under
division
(B)(1)(d) of section 4511.191 of the Revised Code. (7) In any case in which a judge or mayor grants limited
driving
privileges to an offender whose driver's or commercial
driver's license
or permit or nonresident operating privilege has
been suspended under
division (G)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code, under division (G)(1)(a) of section 4511.19 of the Revised Code for a violation of division (A)(1)(f), (g), (h), or (i) of that section, or under
section 4510.07 of the Revised Code for a
municipal OVI
conviction for which sentence would have been imposed under division (G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of the Revised Code had the offender been charged with and convicted of a violation of section 4511.19 of the Revised Code instead of a violation of the municipal OVI ordinance, the judge or mayor shall impose as a
condition of the privileges
that the offender must display on the
vehicle that is driven subject to the
privileges
restricted
license plates that are issued under section 4503.231 of the
Revised Code, except
as provided in division (B) of that section. (B) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to
section 4511.19 or 4511.191 of the Revised Code or
under
section 4510.07 of the Revised Code for a violation of a
municipal OVI ordinance may file a petition for
limited driving
privileges during the suspension. The person shall file the
petition
in the court that has jurisdiction over the
place of
arrest. Subject to division (A) of this section, the court
may
grant the person limited driving privileges during the
period
during which the suspension otherwise would be imposed.
However,
the court shall not grant the privileges for
employment as a
driver of a commercial motor vehicle to any person
who is
disqualified from operating a commercial motor vehicle
under
section 4506.16 of the Revised Code or during any of
the
periods
prescribed by division (A) of this section. (C)(1) After a driver's or commercial driver's license or
permit
or nonresident operating privilege has been suspended
pursuant to section
2903.06, 2903.08, 2907.24, 2921.331, 4511.19,
4511.251, 4549.02, 4549.021, or
5743.99 of the Revised Code, any
provision of
Chapter 2925. of the Revised Code, or section
4510.07
of the Revised Code for a violation of a municipal
OVI ordinance,
the judge of the
court or
mayor of the mayor's court that
suspended the license, permit, or privilege
shall cause the
offender to deliver to the court
the license or permit. The
judge, mayor, or clerk of the court or
mayor's court shall
forward
to the registrar the license or permit together with
notice of the
action of the court. (2) A suspension of a commercial driver's license under any
section or chapter identified in division (C)(1) of this section
shall be concurrent with any period of suspension or
disqualification under
section 3123.58 or 4506.16 of the Revised
Code. No person
who is
disqualified for life from holding a
commercial driver's license
under
section 4506.16 of the Revised
Code shall be issued a
driver's license under this chapter during
the period for which
the commercial driver's license was suspended
under this section,
and no person whose commercial driver's
license is suspended under
any section or chapter identified in
division (C)(1) of this
section
shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period of the
suspension. (3) No judge or mayor shall suspend any class one
suspension, or any portion of any class one suspension, required
by section 2903.04 or 2903.06 of the Revised Code. No judge or
mayor shall suspend the first thirty days of any class two, class
three, class four, class five, or class six suspension imposed
under section 2903.06 or 2903.08 of the Revised Code. (D) The judge of the court or mayor of the mayor's court
shall
credit any time during which an offender was subject to an
administrative
suspension of the offender's driver's or commercial
driver's license or permit or nonresident operating privilege
imposed pursuant to section 4511.191 or 4511.192 of the Revised
Code or a suspension imposed by a judge,
referee, or mayor
pursuant to division (B)(1) or (2) of
section 4511.196 of the
Revised Code against the time to be
served
under a related
suspension imposed pursuant to any section or chapter
identified
in division (C)(1) of this chapter. (E) The judge or mayor shall notify the bureau of motor
vehicles
of any determinations made pursuant to this section and
of any suspension
imposed pursuant to any section or chapter
identified in division
(C)(1) of this section. (F)(1) If a court issues an immobilizing or disabling device
order under section 4510.43 of the Revised Code, the order
shall
authorize the offender during the specified period to operate a
motor vehicle
only if it is equipped with an immobilizing or
disabling device, except as
provided in division (C) of that
section. The court
shall provide the offender with a copy of an
immobilizing or disabling
device order issued under section
4510.43 of the Revised
Code, and the offender shall use the copy
of the order
in lieu of an Ohio driver's or
commercial driver's
license or permit until the registrar or a deputy
registrar issues
the
offender a restricted license. An order issued under section 4510.43 of the Revised Code
does not
authorize or permit the offender to whom it has been
issued to operate a
vehicle during any time that the offender's
driver's or commercial driver's
license or
permit is suspended
under any other provision of law. (2) An offender may present an immobilizing or disabling
device
order to the registrar or to a deputy registrar. Upon
presentation of
the order to the registrar or a deputy registrar,
the registrar or
deputy registrar shall issue the offender a
restricted license. A
restricted license issued under this
division shall be identical
to an Ohio driver's license, except
that it shall have printed on
its face a statement that the
offender is prohibited during the period
specified in the court
order from operating any
motor vehicle that is not equipped with
an immobilizing or
disabling device. The date of commencement and
the
date of termination of the period of suspension shall be
indicated
conspicuously
upon the face of the license.
Sec. 4510.17. (A) The registrar of motor vehicles
shall
impose a class D
suspension of the
person's driver's license,
commercial driver's license,
temporary
instruction permit,
probationary license, or nonresident operating
privilege for the
period of time specified in division (B)(4) of
section 4510.02 of
the Revised Code on any person who is a
resident of
this state and
is convicted of or
pleads guilty to a
violation of
a statute of
any other state or any federal
statute
that is
substantially
similar to section 2925.02, 2925.03,
2925.04,
2925.041, 2925.05,
2925.06,
2925.11, 2925.12, 2925.13,
2925.14,
2925.22, 2925.23,
2925.31, 2925.32,
2925.36, or 2925.37
of the
Revised Code. Upon
receipt of a
report from a court, court
clerk,
or other official
of any other
state or from any federal
authority
that a resident
of this state
was convicted of or
pleaded guilty
to an
offense
described in this division, the
registrar shall send
a notice by
regular first class mail to the
person, at
the
person's last known
address as shown in the records
of the bureau
of motor vehicles,
informing the person of the
suspension, that the
suspension
will
take
effect twenty-one
days from the date of the notice, and that,
if
the person wishes
to
appeal the suspension or denial, the
person
must file a
notice
of appeal within
twenty-one days of the
date of
the notice
requesting a hearing on
the matter. If the
person
requests a
hearing, the registrar
shall hold the hearing
not more
than
forty
days after receipt by the registrar of the
notice of
appeal. The
filing of a notice of
appeal does not stay
the
operation of the
suspension
that must be imposed
pursuant to
this
division. The scope of the
hearing shall be
limited to
whether
the person actually was convicted of
or pleaded
guilty to
the
offense for which the
suspension
is to be
imposed. The
suspension
the registrar is required
to impose
under
this division shall end either on the last day of
the class D
suspension period or of the
suspension
of the person's nonresident
operating
privilege imposed by the
state or federal court,
whichever is earlier. The registrar shall subscribe to or otherwise participate
in
any information system or register, or enter into reciprocal
and
mutual agreements with other states and federal authorities,
in
order to facilitate the exchange of information with other
states
and the United States government regarding persons who
plead
guilty to or are convicted of offenses described in this
division
and therefore are subject to the suspension or denial
described in
this division. (B) The registrar shall
impose
a class D suspension of the
person's
driver's license, commercial
driver's license, temporary
instruction permit,
probationary
license, or nonresident operating
privilege for the period of
time
specified in division (B)(4) of
section 4510.02 of the Revised
Code on any
person who is a
resident of this state and is
convicted of
or
pleads guilty to a
violation of a statute
of any
other state
or a
municipal ordinance
of a municipal corporation
located in
any
other state that is
substantially similar to
section 4511.19
of
the Revised Code.
Upon
receipt of a report
from another state
made pursuant to
section
4510.61 of the
Revised Code
indicating
that a resident of
this
state was
convicted
of or pleaded guilty
to an offense
described
in this
division, the
registrar shall
send
a notice by
regular
first class
mail to the person, at the
person's last known
address
as shown in
the records of the bureau
of motor
vehicles,
informing
the person
of the suspension, that the
suspension or
denial will
take effect
twenty-one
days from the date of the
notice, and that,
if
the person wishes
to appeal the suspension,
the
person must
file a
notice
of appeal within twenty-one days of
the
date of the
notice
requesting a hearing on the matter. If the
person requests
a
hearing, the registrar shall hold the hearing
not more than
forty
days after receipt by the registrar of the
notice
of appeal.
The
filing of a notice of appeal does not stay
the
operation of
the
suspension
that must be imposed
pursuant to
this
division.
The scope of the hearing shall be
limited to
whether
the person
actually was convicted of or pleaded
guilty to
the
offense for
which the suspension
is
to be
imposed. The
suspension
the registrar is required
to impose
under
this division shall end either on the last day of
the class D
suspension period or of the
suspension
of the person's nonresident
operating
privilege imposed by the
state or federal court,
whichever is earlier. (C) The registrar shall
impose
a class D suspension of the
child's driver's license,
commercial
driver's license, temporary
instruction permit, or nonresident
operating privilege for the
period of time specified in division
(B)(4) of section 4510.02 of
the Revised Code on any
child who is
a resident of this state and
is convicted of or
pleads guilty to a
violation of a statute of
any other state or
any federal statute
that is substantially
similar to section
2925.02, 2925.03,
2925.04,
2925.041, 2925.05,
2925.06, 2925.11,
2925.12, 2925.13,
2925.14, 2925.22, 2925.23,
2925.31, 2925.32,
2925.36, or 2925.37
of the Revised Code. Upon
receipt of a report
from a court,
court
clerk, or other official
of any other state or
from any
federal
authority that a child who
is a resident of this
state
was
convicted of or pleaded guilty to
an offense described
in
this
division, the registrar shall send a
notice by regular
first
class
mail to the child, at the child's
last known address
as shown in
the records of the bureau of motor
vehicles, informing
the child
of the suspension, that the
suspension or
denial will
take effect
twenty-one days from the
date of the
notice, and that,
if the child wishes to
appeal the
suspension, the child
must file a notice of appeal within
twenty-one
days of the date of
the notice requesting a hearing on
the matter.
If the child
requests a hearing, the registrar shall
hold the
hearing not more
than forty
days after receipt by the
registrar of
the notice of
appeal. The filing of a notice of
appeal does not
stay the
operation of the suspension
that must be
imposed
pursuant to this division. The scope of the
hearing shall
be
limited to whether the child actually was convicted of
or
pleaded
guilty to the offense for which
the suspension
is to be
imposed. The
suspension the registrar is required to impose
under
this
division shall end either on the last day of
the class D
suspension period or of the suspension of the
child's nonresident
operating privilege
imposed by the state or
federal court,
whichever is earlier.
If the child is a resident of this state
who
is sixteen
years of
age or older and does not have a current,
valid Ohio
driver's or
commercial driver's license or permit, the
notice shall
inform the
child that the child will be denied
issuance of a driver's or
commercial driver's license or permit
for six months beginning on
the date of the notice. If the child
has not attained the age of
sixteen years on the date of the
notice, the notice shall inform
the child that the period of
denial of six months shall commence
on the
date the child attains
the age of sixteen years. The registrar shall subscribe to or otherwise participate
in
any information system or register, or enter into reciprocal
and
mutual agreements with other states and federal authorities,
in
order to facilitate the exchange of information with other
states
and the United States government regarding children who
are
residents of this state and plead guilty to or are convicted
of
offenses described in this division and therefore are subject
to
the suspension or denial described in this division. (D) The registrar shall
impose
a class D suspension of the
child's
driver's license, commercial
driver's license, temporary
instruction permit,
probationary
license, or nonresident operating
privilege for the period of
time
specified in division (B)(4) of
section 4510.02 of the Revised
Code on any
child who is a resident
of this state and
is convicted
of or
pleads guilty to a
violation
of a statute of
any other state
or a
municipal ordinance of a
municipal
corporation located in any
other state that is
substantially
similar to section 4511.19 of
the Revised Code.
Upon
receipt of
a report from another state
made pursuant to
section
4510.61 of the Revised Code
indicating
that a child who
is a
resident
of this state was
convicted of or
pleaded guilty to
an
offense
described in this
division, the
registrar shall send a
notice by
regular first class
mail to the
child, at the child's
last known address
as shown in
the records
of the bureau of motor
vehicles,
informing the child
of the
suspension, that the
suspension
will
take
effect twenty-one
days from the date of the
notice, and that,
if
the
child wishes to appeal
the suspension,
the child
must file a notice
of appeal within
twenty-one days of
the date of
the notice requesting a hearing on
the matter. If the
child
requests a hearing, the registrar shall
hold the hearing not
more
than forty
days after receipt by the
registrar of the notice
of
appeal. The filing of a notice of
appeal does not stay the
operation of the suspension
that must be imposed
pursuant to this
division. The scope of the
hearing shall be
limited to whether
the child actually was convicted of
or pleaded
guilty to the
offense for which the
suspension
is to be
imposed. The
suspension the registrar is required to impose
under
this
division shall end either on the last day of
the class D
suspension period or of the suspension of the
child's nonresident
operating privilege
imposed by the state or
federal court,
whichever is earlier.
If the child is a resident of this state
who
is sixteen
years of
age or older and does not have a current,
valid Ohio
driver's or
commercial driver's license or permit, the
notice shall
inform the
child that the child will be denied
issuance of a driver's or
commercial driver's license or permit
for six months beginning on
the date of the notice. If the child
has not attained the age of
sixteen years on the date of the
notice, the notice shall inform
the child that the period of
denial of six months shall commence
on the
date the child attains
the age of sixteen years. (E) Any person whose license or permit has been suspended
pursuant to
division (B) or (D) of this section may file a
petition in the municipal or county court, or in case the person
is under
eighteen years of age, the juvenile court, in whose
jurisdiction the person
resides, agreeing to
pay the cost of the
proceedings and alleging that the suspension
would seriously
affect the person's ability to continue the person's
employment.
Upon satisfactory proof that there is reasonable cause to believe
that the suspension would seriously affect the person's ability to
continue
the person's employment, the judge may grant the person
limited driving
privileges during the period during
which the
suspension otherwise would be
imposed, except that the
judge shall
not grant
limited driving
privileges for
employment as a
driver
of a commercial motor vehicle to any
person
who would be
disqualified from operating a commercial motor
vehicle under
section 4506.16
of the Revised Code if the violation
had occurred
in this state, or during any
of the following periods
of time: (1) The first fifteen days of the a suspension under division (B) or (D) of this section, if
the person
has not been convicted within
six years of
the date of the
offense giving rise to the suspension under this
section of a
violation of any of the following: (a) Section 4511.19 of the Revised Code, of or a municipal
ordinance relating to operating a vehicle while under the
influence of
alcohol, a drug of abuse, or alcohol and a drug of
abuse; (b) A
municipal ordinance relating to operating a motor
vehicle with a
prohibited concentration of alcohol in the blood,
breath, or
urine; (c) Section 2903.04 of the Revised Code in a case in which
the person was subject to the sanctions described in division (D)
of
that section; (d) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or
a municipal ordinance that
is substantially similar to either of those
divisions; (e) Division (A)(2), (3), or (4) of
section 2903.06,
division (A)(2) of section
2903.08, or
as it existed prior
to
March 23, 2000, section 2903.07 of
the Revised
Code, or
a
municipal
ordinance that is substantially
similar to any of those
divisions
or that former section,
in a
case in which the jury or
judge found
that the
person was under
the influence of alcohol, a
drug of
abuse, or
alcohol and a drug
of abuse. (2) The first thirty days of the a suspension under division (B) or (D) of this section, if the person
has been convicted one time within
six years of the date of
the
offense giving rise to the
suspension under this section of
any
violation identified in division
(E)(1) of
this section. (3) The first one hundred eighty days of the a suspension under division (B) or (D) of this section, if
the person has been convicted two times within
six
years of
the
date of the offense giving rise to the suspension
under this
section of any violation identified in division
(E)(1) of this
section. (4) No
limited driving privileges may be
granted if the
person has been convicted three or more times
within five years of
the date of the offense giving rise to the a
suspension under division (B) or (D) of this
section of any violation identified in
division
(E)(1) of this
section. If a person petitions for
limited driving
privileges
under
division (E) of this section, the registrar shall
be
represented
by the county prosecutor of the county in which
the
person resides
if the petition is filed in a juvenile court
or
county court,
except that if the person resides within a city
or
village that is
located within the jurisdiction of the county
in
which the
petition is filed, the city director of law or
village
solicitor
of that city or village shall represent the
registrar.
If the
petition is filed in a municipal court, the
registrar shall
be
represented as provided in section 1901.34
of the Revised Code. In granting
limited driving privileges under
division
(E) of
this section, the court may impose any condition
it
considers
reasonable and necessary to limit the use of a
vehicle
by the
person. The court shall deliver to the person a
permit
card, in a
form to be prescribed by the court, setting
forth the
time, place,
and other conditions limiting the person's
use of a
motor vehicle.
The grant of
limited driving
privileges shall
be conditioned upon
the person's having the
permit in the person's
possession at all
times during which
the
person is
operating a
vehicle. A person granted
limited driving privileges who
operates
a
vehicle for other than
limited purposes,
in violation of
any
condition imposed by the court or without
having the permit
in
the
person's possession, is guilty of a
violation of
section
4510.11
of the
Revised Code. (F) As used in divisions (C) and (D) of this section: (1)
"Child" means a person who is under the age of
eighteen
years, except that any person who violates a statute or
ordinance
described in division (C) or (D) of this section prior
to
attaining eighteen years of age shall be deemed a
"child"
irrespective of the person's age at the time the complaint
or
other
equivalent document is filed in the other state or a
hearing,
trial, or other proceeding is held in the other state on
the
complaint or other equivalent document, and irrespective of
the
person's
age when the period of license suspension or denial
prescribed in
division (C) or (D) of this section is imposed. (2)
"Is convicted of or pleads guilty to" means, as it
relates to a child who is a resident of this state, that in a
proceeding conducted in a state or federal court located in
another state for a violation of a statute or ordinance described
in division (C) or (D) of this section, the result of the
proceeding is any of the following: (a) Under the laws that govern the proceedings of the
court,
the child is adjudicated to be or admits to being a
delinquent
child or a juvenile traffic offender for
a violation described in
division (C) or (D) of this
section that would be a crime if
committed by an adult; (b) Under the laws that govern the proceedings of the
court,
the child is convicted of or pleads guilty to a violation
described in
division (C) or (D) of this section; (c) Under the laws that govern the proceedings of the
court,
irrespective of the terminology utilized in those laws,
the result
of the court's proceedings is the
functional equivalent of
division (F)(2)(a) or (b) of this
section. Sec. 4510.54. (A) A person whose driver's or commercial
driver's
license has been suspended for life under a class one
suspension or as
otherwise provided by law or has been suspended
for a period in excess of
fifteen years under a class two
suspension may file a motion with the
sentencing
court for
modification or
termination of the suspension. A motion under
this division may be heard only
once. The person filing the
motion
shall demonstrate all of the following: (1) At least fifteen years have elapsed since the suspension
began. (2) For the past fifteen years, the person has not been
found
guilty of any felony, any offense involving a moving
violation under
federal law, the law of this state, or the law of
any of its political
subdivisions, or any violation of a
suspension under this chapter or a
substantially equivalent
municipal ordinance. (3) The person has proof of financial responsibility, a
policy of
liability insurance in effect that meets the minimum
standard set forth
in section 4509.51 of the Revised Code, or
proof, to the
satisfaction of the registrar of motor vehicles,
that the person is able to respond in damages in an amount at
least equal to the minimum amounts specified
in that section. (4) If the suspension was imposed because the person was
under
the influence of alcohol, a drug of abuse, or combination of
them at the
time of the offense or because at the time of the
offense the person's whole blood, blood serum or plasma, breath,
or urine contained at least the concentration of alcohol specified
in division (A)(2), (3), (4), or (5)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code, the person also shall demonstrate
all of the
following: (a) The person successfully completed an alcohol, drug, or
alcohol and drug treatment program. (b) The person has not abused alcohol or other drugs for a
period
satisfactory to the court. (c) For the past fifteen years, the person has not been
found
guilty of any alcohol-related or drug-related offense. (B) Upon receipt of a motion for modification or termination
of
the suspension under this section, the court may schedule a
hearing on the
motion. If scheduled, the hearing shall be
conducted
in open court within ninety days after the date on which
the
motion is filed. (C) The court shall notify the person whose license was
suspended
and the prosecuting attorney of the date, time, and
location of the hearing.
Upon receipt of the
notice from the
court, the prosecuting attorney shall notify the
victim or the
victim's representative of the date, time, and location of the
hearing. (D) At any hearing under this section, the person who seeks
modification or termination of the suspension has the burden to
demonstrate,
under oath, that the person meets the requirements
of
division (A) of this section. At the hearing, the court
shall
afford the offender or the offender's counsel an opportunity
to
present oral or written information relevant to the motion.
The
court shall afford a similar opportunity to provide relevant
information to the prosecuting attorney and the victim or victim's
representative. Before ruling on the motion, the court shall take into
account the
person's driving record, the nature of the offense
that led to the
suspension, and the impact of the offense on any
victim. In addition,
if the offender is eligible for modification
or termination of the
suspension under division (A)(2) of this
section, the court shall
consider whether the person committed any
other offense while under suspension
and determine whether the
offense is relevant to a determination under this
section. The
court may modify or terminate the suspension subject to any
considerations it considers proper if it finds that allowing the
person to drive is not likely to present a danger to the public.
After the court makes a ruling on a motion filed under this
section, the
prosecuting attorney shall notify the victim
or the
victim's representative of the court's ruling. (E) If a court modifies a person's license suspension under
this
section and the person subsequently is found guilty of any
moving violation or
of
any substantially equivalent municipal
ordinance
that carries as a possible penalty the suspension of a
person's
driver's or commercial driver's license, the court may
reimpose
the class one or other lifetime suspension, or the class
two suspension,
whichever is applicable.
Sec. 4511.19. (A)(1) No person shall operate any vehicle,
streetcar, or trackless trolley
within this state, if,
at the
time
of the operation, any of the
following apply: (1)(a) The person is under the influence of alcohol, a drug
of
abuse, or
a
combination of
them.
(2)(b) The person has a concentration of eight-hundredths of
one
per cent or more
but less than seventeen-hundredths of one per
cent
by weight
per unit volume of alcohol in the person's
whole
blood.
(3)(c)
The person has a concentration of ninety-six-thousandths of
one per
cent or more but less than two hundred four-thousandths of
one per cent
by weight per unit volume of alcohol in the person's
blood serum or
plasma.
(4)(d) The person has a concentration of eight-hundredths of
one
gram or more but less than seventeen-hundredths of one gram
by
weight of alcohol per two hundred ten liters
of the person's
breath.
(5)(e) The person has a concentration of eleven-hundredths
of
one gram or more
but less than two hundred
thirty-eight-thousandths of one gram
by weight of alcohol per one
hundred
milliliters of the person's urine.
(6)(f) The person has a concentration of
seventeen-hundredths
of one per cent or more by weight
per unit
volume
of alcohol in
the person's
whole blood.
(7)(g)
The person has a concentration of two hundred
four-thousandths of one per cent or more by weight per unit volume
of alcohol
in the person's blood serum or plasma.
(8)(h) The person has a concentration of
seventeen-hundredths
of one gram or more by weight of alcohol per
two hundred ten
liters of the person's breath.
(9)(i) The person has a concentration of two hundred
thirty-eight-thousandths of one gram or more by weight of alcohol
per one hundred milliliters of the person's urine.
(2) No person who, within twenty years of the conduct described in division (A)(2)(a) of this section, previously has been convicted of or pleaded guilty to a violation of this division, division (A)(1) or (B) of this section, or a municipal OVI offense shall do both of the following:
(a) Operate any vehicle, streetcar, or trackless trolley within this state while under the influence of alcohol, a drug of abuse, or a combination of them;
(b) Subsequent to being arrested for operating the vehicle, streetcar, or trackless trolley as described in division (A)(2)(a) of this section, being asked by a law enforcement officer to submit to a chemical test or tests under section 4511.191 of the Revised Code, and being advised by the officer in accordance with section 4511.192 of the Revised Code of the consequences of the person's refusal or submission to the test or tests, refuse to submit to the test or tests.
(B) No person under twenty-one years of age shall operate
any vehicle, streetcar, or trackless trolley within this state,
if,
at the time of the operation, any of the following
apply: (1) The person has a concentration of at least
two-hundredths of one per cent but less than eight-hundredths of
one
per cent by weight
per unit volume of alcohol in the person's
whole blood. (2)
The person has a concentration of at least
three-hundredths of one per
cent but less than ninety-six-thousandths
of one per cent by weight per unit volume
of alcohol in the
person's blood serum or plasma. (3) The person has a concentration of at least
two-hundredths of one gram but less than eight-hundredths of one
gram by weight of alcohol per two hundred ten liters of the
person's breath. (4) The person has a concentration of at least
twenty-eight
one-thousandths of one gram but less than
eleven-hundredths of
one gram by weight of alcohol per one
hundred milliliters of the
person's urine. (C) In any proceeding arising out of one incident, a
person
may be charged with a violation of division (A)(1)(a) or (A)(2) and a
violation
of division (B)(1), (2), or (3) of this section, but
the person
may not be convicted of more than one violation of these
divisions. (D)(1) In any criminal prosecution or juvenile court
proceeding for a violation of
division (A) or (B) of this section
or for an equivalent
offense, the court may admit
evidence on the
concentration of
alcohol, drugs of abuse, or
a combination of
them in the
defendant's
whole blood,
blood serum or plasma,
breath, urine, or
other bodily
substance at the time of the
alleged violation as
shown by
chemical analysis of the
substance
withdrawn within two
hours of
the time of
the alleged violation. When a person submits to a blood test at the request of a
law enforcement officer under section 4511.191 of the
Revised
Code, only a
physician, a registered nurse, or a qualified
technician,
chemist,
or phlebotomist shall withdraw blood for
the
purpose of
determining
the
alcohol, drug, or alcohol and
drug
content
of the whole blood, blood serum,
or blood plasma.
This
limitation does
not apply to the taking of breath or urine
specimens. A
person authorized to withdraw blood under
this
division may
refuse to withdraw blood
under this division, if in
that person's
opinion, the physical welfare of
the person would
be
endangered by the withdrawing of blood. The bodily substance
withdrawn shall be analyzed in
accordance with
methods approved by the director of health by an
individual
possessing a valid permit issued by the director
pursuant to section 3701.143 of the Revised Code. (2) In a criminal prosecution or juvenile court proceeding
for a violation of division (A) of this section
or for an
equivalent offense, if there was at the time the
bodily substance
was
withdrawn a concentration of less than
the
applicable
concentration of alcohol specified in
divisions (A)(2),
(3), (4),
and (5)(1)(b), (c), (d), and (e) of this section, that fact
may be considered
with other
competent evidence
in determining the guilt or
innocence of the
defendant. This
division does not limit or
affect a criminal
prosecution or
juvenile court proceeding for a
violation of
division (B) of this
section or
for an equivalent offense that
is
substantially
equivalent to
that
division. (3) Upon the request of the person who was tested, the
results of the chemical test shall be made available to the
person
or the person's
attorney, immediately upon the completion
of the
chemical test analysis. The person tested may have a physician, a registered nurse,
or a qualified technician, chemist,
or
phlebotomist of the
person's own
choosing administer a chemical test or tests,
at the
person's
expense, in addition to any
administered at the request
of a
law enforcement
officer.
The
form to be read to the person
to be tested, as required
under
section 4511.192 of the Revised
Code, shall state that the person
may have an
independent test
performed at the person's expense.
The failure or
inability to
obtain an additional
chemical test by
a person shall not preclude
the admission of
evidence relating to
the chemical test or tests
taken at the
request of a
law
enforcement officer. (4)(a) As used in divisions (D)(4)(b) and (c) of this
section, "national highway traffic safety administration" means
the national highway traffic safety administration established as
an administration of the United States department of
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105. (b) In any criminal prosecution or juvenile court proceeding
for a violation of division (A) or (B) of this section, of a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, or of a municipal ordinance relating to operating a
vehicle with a prohibited concentration of alcohol in the blood,
breath, or urine, if a law enforcement officer has administered a
field sobriety test to the operator of the vehicle involved in the
violation and if it is shown by clear and convincing evidence that
the officer administered the test in substantial
compliance with
the testing standards for any reliable, credible,
and generally
accepted field sobriety
tests that were in effect at
the time the
tests were administered, including, but not limited
to, any
testing standards then in effect that were set by the
national
highway traffic safety administration, all
of the
following apply: (i) The officer may testify concerning the results of the
field sobriety test so administered. (ii) The prosecution may introduce the results of the field
sobriety test so administered as evidence in any proceedings in
the criminal prosecution or juvenile court proceeding. (iii) If testimony is presented or evidence is introduced
under division (D)(4)(b)(i) or (ii) of this section and if the
testimony or evidence is admissible under the Rules of Evidence,
the court shall admit the testimony or evidence and the trier of
fact shall give it whatever weight the trier of fact considers to
be appropriate. (c) Division (D)(4)(b) of this section does not limit or
preclude a court, in its determination of whether the arrest of a
person was supported by probable cause or its determination of any
other matter in a criminal prosecution or juvenile court
proceeding of a type described in that division, from considering
evidence or testimony that is not otherwise disallowed by division
(D)(4)(b) of this section. (E)(1)
Subject to division (E)(3) of
this section,
in any
criminal prosecution or juvenile court proceeding for a
violation
of
division (A)(2), (3), (4), (5), (6), (7), (8), or (9)(1)(b), (c), (d), (e), (f), (g), (h), or (i)
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent
offense that is substantially equivalent to any
of those
divisions, a laboratory report from any
forensic laboratory
certified by the department of health that
contains an analysis of
the whole blood, blood serum or plasma,
breath, urine, or other
bodily substance tested and that contains
all of the information
specified in this division shall be
admitted as prima-facie
evidence of the information and statements
that the report
contains. The laboratory report shall contain all
of the
following: (a)
The signature, under oath, of any person who performed
the
analysis; (b)
Any findings as to the identity and quantity of alcohol,
a
drug of abuse, or a combination of them that was found; (c)
A copy of a notarized statement by the laboratory
director or
a designee of the director that contains the name of
each certified analyst or test performer involved with the
report,
the analyst's or test performer's employment relationship
with the
laboratory that issued the report, and a notation that
performing
an analysis of the type involved is part of the
analyst's or test
performer's regular duties; (d)
An outline of the analyst's or test performer's
education,
training, and experience in performing the type of
analysis involved and a
certification that the laboratory
satisfies appropriate quality control standards in general and, in
this
particular analysis, under rules of the
department of health. (2) Notwithstanding any other provision of law regarding the
admission of
evidence, a report of the type described
in division
(E)(1) of this section is not admissible against the
defendant to
whom
it pertains in any proceeding, other than a preliminary
hearing or a grand
jury proceeding, unless the prosecutor
has
served a
copy of the report on the defendant's attorney or, if the
defendant has no attorney, on the defendant. (3) A report of the type described in division (E)(1) of
this
section shall not be prima-facie evidence of the contents,
identity, or amount
of any substance if, within seven days after
the
defendant to whom the report pertains or the defendant's
attorney
receives a copy of the report, the defendant or the
defendant's
attorney demands the testimony of the person who
signed the
report. The judge in the case may extend the seven-day
time limit
in the interest of justice. (F) Except as otherwise provided in this division, any
physician, registered nurse, or qualified
technician, chemist,
or
phlebotomist who
withdraws blood from a person pursuant
to this
section, and any hospital, first-aid station, or clinic
at which
blood is withdrawn from a person pursuant to this
section, is
immune from criminal liability and
civil
liability
based upon a
claim of assault and battery or
any other
claim that is not
a
claim
of malpractice, for any
act performed in withdrawing blood
from
the person.
The immunity
provided in this division is not
available to a
person who
withdraws blood if the person engages in
willful or wanton
misconduct. (G)(1) Whoever violates any provision of divisions
(A)(1)(a) to
(9)(i) or (A)(2) of this section is
guilty of
operating a vehicle under the
influence of alcohol, a drug of abuse, or a
combination of them.
The court shall sentence the offender under
Chapter 2929. of the
Revised Code, except as otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of this section: (a)
Except as otherwise provided in division
(G)(1)(b), (c),
(d),
or (e) of this section, the offender is guilty of a
misdemeanor of
the first degree, and the court shall sentence the
offender to all of the
following: (i)
If the sentence is being imposed for a violation of
division
(A)(1), (2), (3), (4), or (5)(a), (b), (c), (d), or (e) of this section, a
mandatory jail term
of three consecutive days. As used in
this
division, three consecutive days means seventy-two consecutive
hours.
The court
may sentence an offender to both an
intervention
program and a jail term. The court may impose a jail
term in
addition to the three-day mandatory jail term or intervention
program. However,
in no case shall the cumulative jail term
imposed for the offense
exceed six months. The court may suspend the execution of the
three-day jail
term under this division if the court, in lieu of that
suspended
term, places the offender under a community control sanction pursuant to section 2929.25 of the Revised Code and requires the offender
to
attend, for three consecutive days, a
drivers' intervention
program certified under section 3793.10 of the Revised Code.
The
court also may suspend the execution of any part of the
three-day
jail term under this division if it places the offender under a community control sanction pursuant to section 2929.25 of the Revised Code for part of the three days, requires the offender to
attend for the suspended part of the term a drivers' intervention
program so certified, and sentences the offender to a jail term
equal to the remainder of the three consecutive days that the
offender does not spend attending the program. The court may
require the offender, as a condition of community control and in addition
to the required attendance at a drivers' intervention program, 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 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 on the offender any other
conditions of community control that it considers necessary. (ii)
If the sentence is being imposed for a violation of
division
(A)(6),
(7), (8), or (9)(1)(f), (g), (h), or (i) or division (A)(2) of this section, except as
otherwise provided in
this division, a mandatory jail term 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. As
used in this division, three consecutive days
means seventy-two consecutive
hours. If the court determines that
the offender is not
conducive to treatment in a drivers'
intervention program, if the
offender refuses to attend a drivers'
intervention program, or if the jail at
which the offender is to
serve the jail term imposed can provide a
driver's intervention
program, the court shall sentence the
offender to a mandatory jail
term of at least six consecutive
days.
The court may require the offender, under a community control sanction imposed under section 2929.25 of the Revised Code,
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
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 community control on the offender that it
considers necessary. (iii)
In all cases,
a fine of not less than two hundred
fifty
and not more than one
thousand dollars; (iv)
In all cases, a class five license suspension of the
offender's driver's or commercial driver's license or permit or
nonresident
operating privilege from the range specified in
division (A)(5) of
section 4510.02 of the Revised Code. The court
may grant limited driving privileges
relative to the suspension
under sections 4510.021 and 4510.13 of the
Revised
Code. (b)
Except as otherwise provided in division
(G)(1)(e)
of
this section,
an offender who, within six years of the offense,
previously
has been convicted of or pleaded guilty to one
violation of division
(A) or (B) of this section or one other
equivalent offense
is guilty of a misdemeanor of the first degree.
The court shall sentence the
offender to all of the
following: (i)
If the sentence is being imposed for a violation of
division
(A)(1), (2), (3), (4), or (5)(a), (b), (c), (d), or (e) of this section, a
mandatory jail term
of ten consecutive days. The court
shall
impose the ten-day mandatory jail term under this division unless,
subject to division (G)(3) of this section, it instead
imposes a
sentence under that division consisting of both a jail term and a
term of
house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may
impose a
jail term in addition to the
ten-day mandatory jail term.
The
cumulative jail
term imposed for the offense shall not exceed
six
months. In addition to the jail term or the term of house arrest with electronic monitoring or continuous alcohol monitoring or both types of monitoring and jail term, 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
operator of the
program determines that the offender is alcohol
dependent, the
program shall notify the court, and, subject to
division (I) of
this section, 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. (ii)
If the sentence is being imposed for a violation of
division
(A)(6),
(7), (8), or (9)(1)(f), (g), (h), or (i) or division (A)(2) of this section, except as
otherwise provided in
this division, a mandatory jail term of
twenty consecutive days. The court
shall impose the twenty-day
mandatory jail term under
this division unless, subject to
division (G)(3) of this section,
it instead imposes a sentence
under that division
consisting of both a jail term and a term of
house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may impose a
jail term in
addition to the twenty-day
mandatory jail term. The
cumulative
jail term imposed for the offense shall
not exceed six
months. In addition to the jail term or the term of house arrest with electronic monitoring or continuous alcohol monitoring or both types of monitoring and jail term, the court may require the
offender
to attend a driver's intervention program that is
certified pursuant to
section 3793.10 of the Revised Code. If the
operator of the
program determines that the offender is alcohol
dependent, the
program shall notify the court, and, subject to
division (I) of
this section, 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. (iii)
In all cases, notwithstanding the fines set forth in
Chapter
2929. of the Revised Code, a fine of not less than three
hundred fifty and not more than one thousand five hundred dollars; (iv)
In all cases, a class four license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(4) of
section 4510.02 of
the Revised Code. The court may grant limited
driving
privileges relative to the suspension under sections
4510.021 and 4510.13 of
the Revised Code. (v)
In all cases, if the vehicle is registered in the
offender's
name, immobilization of the vehicle involved in the
offense for ninety days in
accordance with section
4503.233 of the
Revised Code and impoundment of the license plates
of that vehicle
for ninety days. (c)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously
has been convicted of or pleaded guilty to two
violations of division
(A) or (B) of this section or other
equivalent offenses is
guilty of a
misdemeanor. The court shall
sentence the offender to all
of the
following: (i)
If the sentence is being imposed for a violation of
division
(A)(1), (2), (3), (4), or (5)(a), (b), (c), (d), or (e) of this section, a
mandatory jail term
of thirty consecutive days. The court
shall
impose the thirty-day mandatory jail term under this division
unless, subject to division (G)(3) of this section, it
instead
imposes a sentence under that division consisting of both a jail
term and a term of
house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The
court may impose a
jail term in addition to the
thirty-day
mandatory jail term.
Notwithstanding the jail terms
set
forth in sections 2929.21 to 2929.28 of the Revised Code, the additional
jail
term shall not
exceed one year, and the cumulative jail term
imposed
for the
offense shall not exceed
one year. (ii)
If the sentence is being imposed for a violation of
division
(A)(6), (7), (8), or (9)(1)(f), (g), (h), or (i) or division (A)(2) of this section, a mandatory
jail term of
sixty
consecutive days. The court shall impose the
sixty-day mandatory jail
term under this division unless, subject
to division (G)(3)
of this section, it instead imposes a sentence
under that division
consisting of both a jail term
and a term of
house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may impose a
jail term in
addition to the sixty-day mandatory jail term.
Notwithstanding
the jail terms set forth in sections 2929.21 to 2929.28 of the
Revised Code, the additional jail term shall
not
exceed one year,
and the cumulative jail term imposed for the
offense
shall not
exceed one year. (iii)
In all cases, notwithstanding the fines set forth in
Chapter 2929. of the Revised Code, a fine of not less than five
hundred fifty and
not more than two thousand five hundred dollars; (iv)
In all cases, a class three license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(3) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code. (v)
In all cases, if the vehicle is registered in the
offender's
name, criminal forfeiture of the vehicle involved in
the offense in
accordance with section
4503.234 of the Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of criminal forfeiture under
this division. (vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section
3793.02 of the Revised
Code, subject to division (I) of this
section. (d)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously has been
convicted of or pleaded guilty to three or
more four violations of division
(A) or (B) of this section or other
equivalent offenses or an offender who, within twenty years of the offense, previously has been convicted of or pleaded guilty to five or more violations of that nature is
guilty of a felony of the fourth degree.
The court shall
sentence the offender to all of the following: (i)
If the sentence is being imposed for a violation of
division
(A)(1), (2), (3), (4), or (5)(a), (b), (c), (d), or (e) of this section, a mandatory prison term of one, two, three, four, or five years as required by and in accordance with division (G)(2) of section 2929.13 of the Revised Code if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or, in the
discretion of
the court, either a mandatory term of local
incarceration of sixty consecutive
days in accordance with
division (G)(1) of section 2929.13 of the Revised Code or a
mandatory prison term of sixty consecutive days in
accordance
with division (G)(2) of that section if the offender is not convicted of and does not plead guilty to a specification of that type. If the
court
imposes a mandatory term of local incarceration, it may impose a
jail
term in addition to the sixty-day mandatory term, the
cumulative total of the mandatory
term and the jail term for the
offense
shall not exceed one year, and, except as provided in division (A)(1) of section 2929.13 of the Revised Code, no prison term is
authorized for the
offense. If the court imposes a mandatory
prison term, notwithstanding
division (A)(4) of section 2929.14 of
the Revised
Code, it also may sentence the offender to a definite
prison term
that shall be not less than six months and not more
than thirty months, and the
prison terms shall be imposed as described
in division (G)(2) of
section 2929.13 of the Revised Code, and no
term of local
incarceration,. If the court imposes a mandatory prison term or mandatory prison term and additional prison term, in addition to the term or terms so imposed, the court also may sentence the offender to a community residential sanction, or
nonresidential control sanction is
authorized for the offense, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction. (ii)
If the sentence is being imposed for a violation of
division
(A)(6), (7), (8), or (9)(1)(f), (g), (h), or (i) or division (A)(2) of this section, a mandatory prison term of one, two, three, four, or five years as required by and in accordance with division (G)(2) of section 2929.13 of the Revised Code if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or, in the
discretion of the
court, either a mandatory term of local
incarceration of one
hundred twenty consecutive days 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 in
accordance with division
(G)(2) of that section if the offender is not convicted of and does not plead guilty to a specification of that type. If the court
imposes a mandatory
term of local incarceration, it may impose a
jail term in addition to the one
hundred twenty-day mandatory
term, the cumulative total of the mandatory term
and the jail term
for
the offense shall not exceed one year, and, except as provided in division (A)(1) of section 2929.13 of the Revised Code, no prison term is
authorized for the offense. If the court imposes a mandatory
prison term, notwithstanding division (A)(4) of section 2929.14 of
the Revised Code,
it also may sentence the offender to a definite
prison term that shall be not
less than six months and not more
than thirty months, and the prison terms shall
be imposed as described
in division (G)(2) of section 2929.13 of the Revised Code,
and no
term of local incarceration,. If the court imposes a mandatory prison term or mandatory prison term and additional prison term, in addition to the term or terms so imposed, the court also may sentence the offender to a community residential sanction, or
nonresidential control sanction is authorized for the offense, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction. (iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than eight hundred nor more than
ten thousand
dollars; (iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code. (v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of
criminal
forfeiture
under
this division. (vi)
In all cases, participation in an alcohol and drug
addiction
program
authorized by section 3793.02 of the Revised
Code, subject to
division (I) of this section. (vii)
In all cases, if the court sentences the offender to a
mandatory term of local incarceration, in addition to the
mandatory term, the
court, pursuant to section 2929.17 of the
Revised Code,
may impose a term
of house
arrest with electronic monitoring. The term shall not
commence until after the
offender has
served the mandatory term of local incarceration. (e)
An offender who previously has been convicted of or
pleaded
guilty to a violation of
division (A) of this section that
was a felony, regardless
of when the violation and the conviction
or guilty plea occurred, is guilty of
a felony of the third
degree. The court shall sentence the offender to all of
the
following: (i)
If the offender is being sentenced for a violation of
division (A)(1), (2), (3), (4), or (5)(a), (b), (c), (d), or (e) of this section, a mandatory prison term of one, two, three, four, or five years as required by and in accordance with division (G)(2) of section 2929.13 of the Revised Code if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or a
mandatory
prison term of sixty consecutive days in
accordance with
division (G)(2) of section 2929.13 of the Revised Code if the offender is not convicted of and does not plead guilty to a specification of that type. The court
may impose a prison term in
addition to the sixty-day mandatory
prison term. The cumulative
total of
the a sixty-day mandatory prison term
and the additional prison term for the offense shall
not exceed
five years. No term of local incarceration, In addition to the mandatory prison term or mandatory prison term and additional prison term the court imposes, the court also may sentence the offender to a community residential
sanction, or nonresidential
control sanction is authorized for the
offense, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6), (7), (8), or (9)(1)(f), (g), (h), or (i) or division (A)(2) of this section, a mandatory prison term of one, two, three, four, or five years as required by and in accordance with division (G)(2) of section 2929.13 of the Revised Code if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or a mandatory
prison term of
one
hundred twenty consecutive days in accordance
with division (G)(2)
of section 2929.13 of the Revised Code if the offender is not convicted of and does not plead guilty to a specification of that type. The
court may
impose a prison term in addition to the one hundred
twenty-day mandatory
prison term. The cumulative total of the a one hundred twenty-day
mandatory prison term and
the additional prison term for the
offense shall not exceed five
years. No term of local
incarceration, In addition to the mandatory prison term or mandatory prison term and additional prison term the court imposes, the court also may sentence the offender to a community residential
sanction, or nonresidential
control sanction is authorized for the
offense, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction. (iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than eight hundred nor more than
ten thousand
dollars; (iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code. (v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle
that is subject to an order of
criminal
forfeiture under
this division. (vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section 3793.02 of the Revised
Code,
subject to division (I) of this section. (2) An offender who is convicted of or pleads guilty to a
violation of division (A) of this section and who subsequently
seeks reinstatement of the driver's or occupational driver's
license or permit
or nonresident operating privilege
suspended
under this section as a result of the conviction or
guilty plea
shall pay a reinstatement fee as provided in division
(F)(2) of
section 4511.191 of the Revised Code. (3) If an offender is sentenced to a jail term under
division
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and if,
within sixty days of
sentencing of the offender,
the court issues a written finding on the record
that, due to the
unavailability of space at the
jail where the offender is required
to serve the term, the offender will not
be able to begin serving
that term within the
sixty-day period following the date of
sentencing, the court may
impose an alternative sentence under
this division that includes a
term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. As an alternative to a mandatory jail term of ten consecutive
days
required by division (G)(1)(b)(i) of this
section, the court,
under this division, may sentence the
offender to five consecutive
days in jail and not less than eighteen consecutive days of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The cumulative total of
the five consecutive days in
jail and the period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall
not exceed six months. The five
consecutive days in jail do not
have to be served prior to or
consecutively to the period of house
arrest. As an alternative to the mandatory jail term of twenty
consecutive
days required by division (G)(1)(b)(ii)
of
this
section, the
court, under this division, may sentence the offender
to ten consecutive days
in jail and not less than thirty-six
consecutive days of
house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The
cumulative total of the ten consecutive days in
jail and the
period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall
not exceed
six months. The ten consecutive days in jail do not
have to be
served prior to or consecutively to the period of house
arrest. As an alternative to a mandatory jail term of thirty
consecutive
days required by division (G)(1)(c)(i) of
this
section, the court,
under this division, may sentence the offender
to fifteen consecutive days in
jail and not less than fifty-five
consecutive days of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The
cumulative total of the fifteen
consecutive days in jail and the
period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall not exceed
one year. The fifteen
consecutive days in jail
do not have to be
served prior to or
consecutively to the period of house arrest. As an alternative to the mandatory jail term of sixty
consecutive
days required by division (G)(1)(c)(ii)
of
this
section, the
court, under this division, may sentence the offender
to thirty
consecutive days in jail and not less than one hundred
ten
consecutive days of house arrest with electronic monitoring, with continuous elcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring.
The
cumulative total of the thirty consecutive days in jail and
the
period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall not
exceed
one year. The thirty consecutive days in jail do not have
to be
served prior to or consecutively to the period of house
arrest. (4) If an offender's driver's or occupational driver's
license or
permit or nonresident operating privilege is suspended
under division
(G) of this
section and if section 4510.13 of the
Revised Code permits the
court to grant limited driving
privileges, the court may
grant the limited driving privileges
only
if in accordance with that section. If division (A)(7) of that section requires that the court imposes impose as one of the conditions a condition of the
privileges that the
offender must display on the vehicle that is
driven subject to the privileges
restricted license plates that
are issued under section 4503.231 of the Revised Code, except
as
provided in division (B) of that section, the court shall impose that condition as one of the conditions of the limited driving privileges granted to the offender, except as provided in division (B) of section 4503.231 of the Revised Code. (5) Fines imposed under this section for a violation of
division
(A) of this section shall be distributed as follows: (a)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section 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 this section or a municipal OVI
ordinance
and in informing the public of the laws governing the
operation of
a vehicle while under the influence of alcohol, the
dangers of
the operation of a vehicle under the influence of
alcohol, and other
information relating to the operation of a
vehicle under the influence of
alcohol and the consumption of
alcoholic beverages.
(b)
Fifty dollars of the fine imposed under division
(G)(1)(a)(iii)
of
this section shall be paid to the political
subdivision that pays the cost of
housing the offender during the
offender's term of incarceration. If the
offender is being
sentenced for a violation of division (A)(1),
(2), (3), (4), or
(5)(a), (b), (c), (d), or (e) of this section and 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 the share under this division to pay or
reimburse
incarceration or treatment costs it incurs in housing or
providing
drug and alcohol treatment to persons who violate this
section or
a municipal OVI ordinance, costs of any immobilizing or
disabling
device used on the offender's vehicle, and costs of electronic
house
arrest equipment
needed for persons who violate this
section. (c)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii)
and fifty
dollars of the fine imposed under
division
(G)(1)(b)(iii)
of this
section shall be deposited into
the county or municipal indigent drivers'
alcohol treatment fund
under the control of that
court, as created by the county or
municipal corporation under division
(N) of section 4511.191 of
the Revised Code. (d)
One hundred fifteen dollars of the fine imposed under
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section 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 this section or a municipal OVI ordinance,
costs for any
immobilizing or disabling device used on the
offender's vehicle, and costs of electronic house arrest equipment
needed for
persons who violate this section. (e)
The balance of the fine imposed under division
(G)(1)(a)(iii),
(b)(iii), (c)(iii),
(d)(iii),
or (e)(iii) of this
section
shall be
disbursed as otherwise provided by law.
(6) If title to a motor vehicle that is subject to an order
of criminal forfeiture under division (G)(1)(c), (d), or (e) of
this section is assigned or transferred and division (B)(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 dealers association. The
proceeds of any fine so imposed shall be distributed in accordance
with division (C)(2) of that section. (7) As used in division (G) of this section, "electronic monitoring," "mandatory prison term," and "mandatory term of local incarceration" have the same meanings as in section 2929.01 of the Revised Code. (H) Whoever violates division (B) of this section is
guilty
of
operating a vehicle after underage alcohol consumption and
shall be
punished as follows: (1) Except as otherwise provided in division (H)(2) of this
section, the offender is guilty of a misdemeanor of the fourth
degree. In
addition to any other sanction imposed for the
offense, the court shall impose a class six suspension of the
offender's
driver's license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(6) of
section
4510.02 of the Revised Code. (2) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to one or more
violations of
division (A) or (B) of this section or other
equivalent
offense offenses, the
offender is guilty of a
misdemeanor of the third degree. In addition to any
other
sanction imposed
for the offense, the court shall impose a class
four suspension of the
offender's driver's license, commercial
driver's license, temporary
instruction permit, probationary
license, or nonresident operating privilege
from the range
specified in division (A)(4) of
section 4510.02 of the Revised
Code. (3) If the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1414 of the Revised Code and if the court imposes a jail term for the violation of division (B) of this section, the court shall impose upon the offender an additional definite jail term pursuant to division (E) of section 2929.24 of the Revised Code. (I)(1)
No court shall sentence an offender to an alcohol
treatment program under this section unless the treatment program
complies
with the minimum standards for alcohol treatment programs
adopted
under Chapter 3793. of the Revised Code by the director of
alcohol
and drug addiction services. (2) An offender who stays in a drivers' intervention program
or in an
alcohol treatment program under
an order issued under
this section shall pay the cost of the stay in the
program.
However, if the court determines that an offender who stays in an
alcohol treatment program under an order issued under this section
is unable
to
pay the cost of the stay in the program, the court
may order that the cost be
paid from the court's
indigent drivers'
alcohol treatment fund. (J)
If a person whose driver's or commercial driver's
license
or
permit or nonresident operating privilege is suspended
under
this section
files an appeal regarding any aspect of the
person's
trial or sentence, the
appeal itself does not stay the
operation
of the suspension. (K)
All terms defined in sections section 4510.01 of the Revised
Code
apply to this section. If the meaning of a term defined in
section
4510.01 of the Revised Code conflicts with the meaning of
the same term as defined in section 4501.01 or 4511.01 of the
Revised Code, the term as
defined in section 4510.01 of the
Revised Code applies to this section. (L)(1)
The Ohio Traffic Rules in effect
on
January 1, 2004, as adopted by the supreme court
under authority
of
section 2937.46 of the Revised Code, do not
apply to felony
violations of this section. Subject to division
(L)(2) of this
section, the Rules of Criminal Procedure apply to
felony
violations of this section. (2) If, on or after
January 1, 2004,
the supreme court modifies the Ohio Traffic
Rules
to provide
procedures to govern felony violations of this
section,
the
modified rules shall apply to felony violations
of this
section.
Sec. 4511.191. (A)(1) "Physical control" has the same
meaning as in section 4511.194 of the Revised Code. (2) Any person who operates a vehicle, streetcar, or
trackless trolley upon
a highway or any public or private property
used by the public
for vehicular travel or parking within this
state
or who is in physical control of a vehicle,
streetcar, or
trackless trolley shall be deemed
to have given
consent to a
chemical test or tests of the
person's
whole blood,
blood serum or
plasma, breath, or urine
to
determine the alcohol,
drug, or
alcohol and drug
content of the
person's
whole blood,
blood serum
or plasma,
breath, or urine
if
arrested
for
a
violation of
division (A) or
(B) of
section 4511.19 of the Revised
Code,
section 4511.194 of
the
Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI
ordinance. (3) The chemical test or tests
under division (A)(2) of this
section shall be
administered at the request of a
law
enforcement
officer having reasonable
grounds to believe the
person
was
operating
or in physical control of a
vehicle,
streetcar, or
trackless trolley in
violation of a division,
section, or
ordinance identified in
division (A)(2) of this
section. The law
enforcement agency by
which the
officer is
employed shall
designate which of the tests
shall be
administered. (4) Any person who is dead or unconscious, or who
otherwise
is in a condition rendering the person incapable of
refusal,
shall
be deemed
to have
consented
as provided
in
division (A)(2) of
this section, and the test or
tests may be
administered, subject
to sections 313.12 to 313.16 of
the Revised
Code. (B)(1) Upon receipt of the sworn report of
a
law
enforcement
officer
who arrested a person for a violation of
division (A) or (B) of section 4511.19 of the Revised Code,
section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI ordinance
that was completed and sent to the registrar and a court pursuant
to
section
4511.192 of the
Revised Code in regard to a
person who
refused to take the
designated chemical test, the
registrar shall
enter into the
registrar's records the fact
that the person's
driver's or
commercial driver's license or permit or nonresident
operating
privilege was suspended by the arresting officer under
this
division and that section and the period of the
suspension,
as determined under
this
section. The suspension shall be
subject to appeal as
provided in
section
4511.197 of the Revised
Code. The suspension
shall be for whichever of the
following
periods applies: (a)
Except when division (B)(1)(b), (c), or (d) of
this
section applies and specifies a different class or length of
suspension,
the
suspension shall be
a class C suspension for the
period of time specified in
division (B)(3) of section 4510.02 of
the Revised Code. (b) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused one previous request to consent to a
chemical
test, the
suspension
shall be
a class B suspension imposed for
the period of time
specified in division (B)(2) of section 4510.02
of the Revised
Code. (c) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused two previous requests to consent to a
chemical
test,
the
suspension
shall be
a class A suspension imposed for
the period of time
specified in division (B)(1) of section 4510.02
of the Revised
Code. (d) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused three or more previous requests to
consent to a
chemical test, the
suspension
shall be
for five
years. (2)
The registrar shall terminate a suspension of the
driver's or commercial driver's license
or permit of a resident or
of the operating privilege of a nonresident, or a
denial of a
driver's or commercial
driver's license or permit, imposed
pursuant to division (B)(1) of
this
section upon receipt of notice
that the person has entered a
plea of guilty to, or that the person has been
convicted of after entering a plea of no contest to, operating a vehicle in violation
of section 4511.19
of
the Revised Code or in violation of a municipal
OVI ordinance,
if the offense for which the conviction is had or
the
plea is
entered arose from the same incident that led to the suspension or
denial. The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related suspension
imposed
pursuant to division (B)(1) of this section. (C)(1) Upon receipt of the sworn report of the
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code or a
municipal OVI
ordinance that was completed and sent to the
registrar and a court
pursuant
to
section
4511.192 of the Revised Code in regard to a
person
whose test
results indicate that the person's
whole blood,
blood
serum or
plasma, breath, or urine
contained
at least the
concentration
of
alcohol
specified in
division (A)(2), (3),
(4),
or (5)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code, the registrar
shall
enter into the registrar's
records the fact that the
person's
driver's or
commercial
driver's
license or permit or
nonresident
operating privilege was
suspended
by the arresting
officer under
this
division
and section
4511.192 of the Revised Code and the
period of the
suspension, as
determined
under divisions (F)(1) to
(4) of this
section. The
suspension
shall be subject to appeal as
provided in
section
4511.197 of the Revised Code. The
suspension
described in
this division does not apply to, and shall
not be
imposed upon, a
person arrested for a violation of section
4511.194
of the Revised
Code or a substantially equivalent municipal ordinance who submits to a designated chemical
test.
The
suspension
shall
be for whichever of the following
periods
applies: (a) Except when division
(C)(1)(b),
(c), or (d) of this
section
applies and specifies a different
period, the
suspension
shall be
a class E suspension imposed for the
period of time
specified in division (B)(5) of section 4510.02 of
the Revised
Code. (b) The
suspension
shall be
a class C suspension for the
period of time
specified in division
(B)(3) of section 4510.02 of
the Revised Code if
the person has
been convicted
of or pleaded
guilty to, within six years of
the
date the test
was conducted,
one violation of
division (A) or (B) of section 4511.19 of the
Revised
Code or one other equivalent
offense. (c) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
two
violations of a statute
or ordinance
described in division
(C)(1)(b) of this section,
the
suspension
shall be
a class B
suspension imposed for the period of time specified in division
(B)(2) of section 4510.02 of the Revised Code. (d) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
more than
two violations of a
statute or
ordinance described in
division
(C)(1)(b) of this
section,
the
suspension
shall be
a
class A
suspension imposed for the period of time specified in
division
(B)(1) of section 4510.02 of the Revised Code. (2) The registrar shall terminate a suspension of the
driver's or
commercial driver's license
or permit of a resident or
of the
operating privilege of a nonresident,
or a denial of a
driver's or
commercial driver's license or permit, imposed
pursuant to
division (C)(1) of this section
upon receipt of notice
that the
person has entered a plea of guilty to, or that the person has
been
convicted of after entering a plea of no contest to,
operating
a vehicle in violation of section 4511.19
of the Revised
Code or
in violation of a municipal OVI ordinance,
if the
offense
for which the conviction is had or the plea is
entered arose from
the same incident that led to the suspension or
denial. The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related
suspension imposed
pursuant to division (C)(1) of this section. (D)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under
this section for the
time
described in division
(B) or
(C)
of this section is
effective
immediately from the time at which
the arresting officer
serves
the notice of suspension upon the
arrested person. Any
subsequent finding that the person is not
guilty of the charge
that resulted in the person being requested
to take
the chemical test or tests under division (A) of
this
section
does not affect the suspension. (2) If a person is arrested for operating a vehicle,
streetcar, or trackless trolley in violation of division (A) or
(B) of section 4511.19 of the Revised Code or a municipal OVI
ordinance, or for being in physical control of a
vehicle,
streetcar, or trackless trolley in violation of section
4511.194
of the
Revised Code or a substantially equivalent municipal ordinance,
regardless of whether the person's
driver's
or
commercial
driver's license or permit or nonresident
operating
privilege is
or is not suspended under division
(B)
or
(C)
of this
section
or Chapter 4510. of the Revised Code,
the person's
initial
appearance on the charge resulting from the
arrest shall
be held
within five days of the person's arrest or
the issuance of
the
citation to the person, subject to any
continuance
granted by
the
court pursuant to
section
4511.197 of
the Revised Code
regarding
the issues
specified in that division. (E) When it finally has been determined under the
procedures
of this section
and sections 4511.192 through 4511.197
of the
Revised Code that a nonresident's privilege to
operate a
vehicle
within this state has been suspended, the
registrar shall
give
information in writing of the action taken
to the motor
vehicle
administrator of the state of the person's
residence and
of any
state in which the person has a license. (F) At the end of a suspension period under this section,
under section 4511.194,
section 4511.196, or division
(G) of
section
4511.19 of the
Revised Code, or under section
4510.07 of
the
Revised Code for a violation of a municipal OVI
ordinance and
upon
the request of the person whose driver's or
commercial
driver's
license or permit was suspended and who is
not
otherwise
subject
to suspension,
cancellation, or
disqualification, the
registrar shall return the driver's or
commercial driver's license
or permit to the person upon the
occurrence of all of the
conditions
specified in divisions
(F)(1) and (2)
of this section: (1) A showing
that the person has proof of
financial
responsibility, a policy of liability insurance in
effect that
meets the minimum standards set forth in section
4509.51 of the
Revised Code, or proof, to the satisfaction of the
registrar,
that
the person is able to respond in damages in an
amount at
least
equal to the minimum amounts specified in section
4509.51
of the
Revised Code. (2) Subject to the limitation contained in division
(F)(3)
of this section, payment by the person
to the bureau of
motor
vehicles of a license
reinstatement fee
of four hundred
twenty-five dollars,
which fee
shall be deposited in the state
treasury and credited
as follows: (a) One hundred twelve dollars and fifty
cents shall be
credited to the statewide
treatment and prevention fund created by
section 4301.30 of the Revised Code.
The fund shall be
used to
pay the costs of driver treatment and
intervention programs
operated pursuant to sections 3793.02 and
3793.10 of the Revised
Code. The director of alcohol and drug
addiction services shall
determine the share of the fund that is
to be allocated to alcohol
and drug addiction programs authorized
by section 3793.02 of the
Revised Code, and the share of the fund
that is to be allocated to
drivers' intervention programs
authorized by section 3793.10 of
the Revised Code. (b) Seventy-five dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code. (c) Thirty-seven dollars and fifty cents
shall be credited
to the indigent
drivers alcohol treatment fund, which is hereby
established. Except as
otherwise provided in division
(F)(2)(c)
of this section, moneys in the fund shall be
distributed by the
department of alcohol and drug addiction
services to the county
indigent drivers alcohol
treatment funds,
the county juvenile
indigent drivers alcohol treatment funds,
and
the municipal
indigent drivers alcohol treatment funds that are
required to be
established by counties and municipal corporations
pursuant
to
this section, and shall be used only
to pay
the cost of an alcohol
and drug addiction treatment program
attended by an offender or
juvenile traffic offender who is
ordered to attend an alcohol and
drug addiction treatment program
by a county, juvenile, or
municipal court judge and who is
determined by the county,
juvenile, or municipal court judge not
to have the means to pay
for
the person's attendance at the
program or to pay the costs
specified in division
(H)(4) of
this section in accordance with
that
division. Moneys in the fund
that are not
distributed to a
county indigent drivers alcohol
treatment fund,
a county juvenile
indigent drivers alcohol
treatment fund, or a
municipal indigent
drivers alcohol treatment
fund under division
(H) of this section
because the director of
alcohol and drug addiction
services does
not have the information
necessary to identify the county or
municipal corporation where
the offender or juvenile offender was
arrested may
be transferred
by the director of budget and
management to the
statewide
treatment and prevention
fund created
by section
4301.30 of the
Revised Code, upon certification of the
amount by the director
of
alcohol and drug
addiction services. (d) Seventy-five dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent. (e) Seventy-five dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division
(L)(4) of
this section. (f) Thirty dollars shall be credited to the state bureau of
motor
vehicles fund created by section 4501.25 of the Revised
Code. (g) Twenty dollars shall be credited to the trauma and
emergency
medical services grants fund created by section 4513.263
of the
Revised Code. (3) If a person's driver's or commercial driver's license or
permit is suspended under
this
section,
under section 4511.196 or
division
(G) of section
4511.19 of the Revised Code,
under
section 4510.07 of the Revised
Code for a violation of a municipal
OVI ordinance or
under any
combination of the
suspensions
described in division
(F)(3) of
this section, and if the
suspensions arise from a single incident
or a single set of facts
and
circumstances, the person is liable
for payment of, and shall
be required to
pay to the bureau, only
one reinstatement fee of
four hundred
twenty-five
dollars.
The
reinstatement fee shall be
distributed by the bureau in
accordance
with division
(F)(2) of
this section. (4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to a law enforcement agency under
this
section shall be used by
the agency to pay for not more than
fifty
per cent of the amount
of the salaries of law enforcement
officers
who conduct drug abuse
resistance education programs in
public
schools. The attorney
general shall not use more than six
per
cent of the amounts the
attorney general's office
receives under
division
(F)(2)(e) of
this section to pay the costs it incurs
in
administering the grant
program established by division
(F)(2)(e)
of this section and in
providing training and
materials relating
to drug abuse resistance
education programs. The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs. (G) Suspension of a commercial driver's license under
division
(B) or
(C) of this section shall be concurrent with
any
period of disqualification under section 3123.611 or
4506.16
of
the Revised Code or any period of suspension under section
3123.58
of the Revised Code. No person who is disqualified for
life from
holding a
commercial driver's license under section
4506.16 of the
Revised
Code shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period for
which the
commercial
driver's license was suspended under division
(B) or
(C) of this
section. No person whose
commercial driver's license
is
suspended under division
(B) or
(C) of this section shall be
issued a driver's license under
Chapter 4507. of the Revised Code
during the period
of
the suspension. (H)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an
indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (L) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, and all portions of
fines
that are specified for deposit into a county or municipal
indigent
drivers alcohol treatment fund by section 4511.193 of
the Revised
Code shall be deposited into that county indigent
drivers alcohol
treatment fund, county juvenile indigent drivers
alcohol treatment
fund, or municipal indigent drivers alcohol
treatment fund in
accordance with division
(H)(2) of this
section. Additionally,
all portions of fines that are paid for a
violation of section
4511.19 of the Revised Code or
of any prohibition contained in
Chapter 4510. of the Revised Code,
and that are
required under
section
4511.19 or
any
provision of Chapter 4510. of the Revised
Code to be
deposited
into a county indigent drivers alcohol
treatment fund
or municipal
indigent drivers alcohol treatment
fund shall be
deposited into
the appropriate fund in accordance
with the
applicable division. (2) That portion of the license reinstatement fee that is
paid under division
(F) of this section and that is credited
under
that division to the indigent drivers alcohol treatment
fund
shall
be deposited into a county indigent drivers alcohol
treatment
fund, a county juvenile indigent drivers alcohol
treatment fund,
or a municipal indigent drivers alcohol treatment
fund as follows: (a) If the suspension in question was imposed under this
section, that portion of the fee shall be deposited as follows: (i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension,
the portion shall be deposited into the county indigent drivers
alcohol treatment fund under the control of that court; (ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the
suspension,
the portion shall be deposited into the county
juvenile indigent
drivers alcohol treatment fund established in
the county served by
the court; (iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers alcohol treatment fund under the control of that
court. (b) If the suspension in question was imposed under
section
4511.19 of the Revised Code
or under
section 4510.07 of the
Revised Code for a violation of a municipal
OVI ordinance, that
portion
of the fee shall be deposited as
follows: (i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court; (ii) If the fee is paid by a person whose license or
permit
was suspended by a municipal court, the portion shall be
deposited
into the municipal indigent drivers alcohol treatment
fund under
the control of that court. (3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of the
attendance at an alcohol and drug addiction treatment program of
a
person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of attendance at the
treatment
program or for payment of the costs specified in division
(H)(4)
of this section in accordance with that division. The
alcohol and
drug addiction services board or the board of alcohol,
drug
addiction, and
mental health services established pursuant to
section 340.02 or
340.021 of
the Revised Code and serving the
alcohol, drug addiction, and mental
health service district in
which the court is located shall
administer the indigent drivers
alcohol treatment program of the
court. When a court orders an
offender or juvenile traffic
offender to attend an alcohol and
drug addiction treatment
program, the board shall determine which
program is suitable to
meet the needs of the offender or juvenile
traffic offender, and
when a suitable program is located and space
is available at the
program, the offender or juvenile traffic
offender shall attend
the program designated by the board. A
reasonable amount not to
exceed five per cent of the amounts
credited to and deposited
into the county indigent drivers alcohol
treatment fund, the
county juvenile indigent drivers alcohol
treatment fund, or the
municipal indigent drivers alcohol
treatment fund serving every
court whose program is administered
by that board shall be paid
to the board to cover the costs it
incurs in administering those
indigent drivers alcohol treatment
programs. (4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or
the board
of alcohol, drug addiction, and mental health services
established pursuant to
section 340.02 or 340.021 of the Revised
Code
and serving the alcohol, drug addiction, and
mental health
district in which the court is located, that
the funds in the
county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent
drivers alcohol treatment fund under the control of the
court are more than
sufficient to satisfy the purpose for which
the fund was established, as
specified in divisions
(H)(1) to
(3)
of this section, the
court may declare a surplus in the fund.
If
the court declares a surplus in
the fund, the court may expend
the
amount of the surplus in the fund for
alcohol and drug abuse
assessment and treatment of persons who are charged in
the court
with committing a criminal offense or with being a delinquent
child
or juvenile traffic offender and in relation to whom both of
the following
apply: (a) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the
juvenile traffic offense with which the person is charged. (b) The court determines that the person is unable
to pay
the cost of the alcohol and drug abuse assessment and treatment
for
which the surplus money will be used.
Sec. 4511.192. (A)
The arresting law enforcement officer
shall give
advice
in
accordance with
this section to any person
under arrest
for a
violation of division (A) or (B) of section
4511.19
of the
Revised
Code, section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance,
or a municipal
OVI
ordinance. The
officer shall give that advice
in
a written
form
that
contains the information described in
division (B) of
this
section and shall read the
advice to the
person. The
form
shall
contain a statement that the form was
shown to the
person
under
arrest and read to the person by the
arresting officer. One
or
more persons shall witness the
arresting officer's reading of
the
form, and
the witnesses shall
certify to this fact by signing
the
form. (B)
If a person is under arrest as described in division
(A)
of
this section, before the person may be requested to submit to a
chemical test
or tests to determine the alcohol
and drug content
of the
person's blood, breath, or urine, the
arresting officer
shall read the
following form to the person: "You now are under arrest for (specifically state the
offense
under state law or a substantially equivalent municipal ordinance
for which the person was arrested - operating a vehicle
under
the
influence of alcohol, a drug, or a combination
of them;
operating
a vehicle after
underage alcohol consumption; or having
physical
control of a vehicle while under the influence). If you refuse to take any chemical test required
by law, your
Ohio driving privileges will be suspended immediately, and you
will have to pay a fee to have the privileges reinstated. If you have a prior OVI or OVUAC conviction under state or municipal law within the preceding twenty years, you now are under arrest for state OVI, and, if you refuse to take a chemical test, you will face increased penalties if you subsequently are convicted of the state OVI. (Read this part unless the person is under arrest for solely
having physical control of a
vehicle while under the influence.)
If you take any chemical test required by law and
are
found to be
at or
over the
prohibited amount of alcohol in
your
blood,
breath,
or urine as set by law, your Ohio driving privileges will
be
suspended immediately, and you will have to pay a fee to have
the
privileges reinstated. If you take a chemical test,
you may
have an independent
chemical
test taken at your
own
expense." (C) If the arresting law enforcement officer does not ask a
person under arrest as described in division (A) of this
section
to submit to a chemical
test or tests under section 4511.191 of
the Revised Code,
the arresting officer shall seize the Ohio or
out-of-state
driver's or commercial driver's license or permit of
the person
and immediately forward it to the court in which the
arrested person is to appear on the charge. If the arrested
person is not in
possession of
the person's license or permit or
it is not in the
person's vehicle, the officer shall order the
person to surrender it
to the law enforcement agency that employs
the officer within
twenty-four hours after the arrest, and, upon
the surrender, the
agency immediately shall forward the license or
permit to the
court in which the person is to appear on the
charge. Upon
receipt of the license or permit, the court shall
retain it
pending the arrested person's initial appearance and any
action taken
under section 4511.196 of the Revised Code. (D)(1) If a law enforcement officer asks a person under
arrest as
described in division (A) of this
section to submit to a
chemical
test or tests under section 4511.191 of the Revised Code,
if the officer advises the person in accordance with this section
of the
consequences of the person's refusal or submission,
and if
either the person refuses to submit to the test or tests or,
unless the
arrest was for a violation of section 4511.194 of the
Revised Code or a substantially equivalent municipal ordinance, the person submits to the
test or tests and the test
results indicate a
prohibited concentration of alcohol in the
person's whole blood,
blood serum or plasma, breath, or urine at
the time of the alleged offense,
the arresting officer shall do
all of the following: (a) On behalf of the registrar of motor vehicles, notify the
person that, independent of any penalties or sanctions imposed
upon the
person, the person's Ohio driver's or commercial driver's
license
or permit or nonresident operating privilege is suspended
immediately,
that the suspension will last at least until the
person's
initial appearance on the charge, which will be held
within five days
after the date of the person's arrest or the
issuance of a
citation to the person, and that the person may
appeal the
suspension at the initial appearance or during the
period of time
ending thirty days after that initial appearance; (b) Seize the driver's or commercial driver's license or
permit
of the person and immediately forward it to the registrar.
If the
arrested person is not in possession of the person's
license or permit
or it is not in the person's vehicle, the
officer shall order the person to
surrender it to the
law
enforcement agency that employs the officer within twenty-four
hours after the person is given notice of the suspension, and,
upon the surrender, the officer's employing agency immediately
shall forward the license or permit to the registrar. (c) Verify the person's current residence and, if it differs
from
that on the person's driver's or commercial driver's license
or permit,
notify the registrar of the change; (d) Send to the registrar, within forty-eight hours after
the
arrest of the person, a sworn report that includes all of the
following
statements: (i) That the officer had reasonable grounds to believe that,
at
the time of the arrest, the arrested person was operating a
vehicle, streetcar, or trackless trolley in
violation of division
(A) or (B) of section 4511.19 of
the Revised Code or a
municipal
OVI ordinance or for being in physical control of a stationary
vehicle, streetcar, or trackless trolley in violation of section
4511.194 of the Revised Code or a substantially equivalent municipal ordinance; (ii) That the person was arrested and charged with a
violation of
division (A) or (B) of section 4511.19 of the Revised
Code, section
4511.194 of the Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI
ordinance; (iii) That the officer asked the person to take the
designated
chemical test or tests, advised the person in
accordance with this section of
the consequences of submitting to,
or
refusing to take, the test or tests, and gave the person the
form
described in division (B) of this section; (iv) That either the person refused to submit to the
chemical
test
or tests or, unless the arrest was for a violation
of section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance,
the person submitted to
the chemical test or tests and the test results
indicate a
prohibited concentration of
alcohol in the person's whole blood,
blood serum or plasma,
breath, or urine at the time of the alleged
offense. (2) Division (D)(1) of this section does not apply to a
person
who is arrested for a violation of section 4511.194 of the
Revised Code or a substantially equivalent municipal ordinance, who is asked by a
law enforcement officer to submit
to a
chemical test or tests under section 4511.191 of the Revised
Code,
and who submits to the test or tests, regardless of the
amount of
alcohol that the test results indicate is present in the
person's
whole blood, blood serum or plasma, breath, or urine. (E)
The arresting officer shall give the officer's sworn
report
that is completed under this
section to the arrested person
at the time of the arrest, or the registrar of
motor vehicles
shall send the report to the person
by regular first
class mail as
soon
as possible after receipt of the report, but not later than
fourteen days
after receipt of it. An
arresting officer may give
an unsworn report to the arrested person at the
time
of the arrest
provided the report is complete when given to the
arrested person
and subsequently is sworn to by the arresting
officer. As soon as
possible, but not later than forty-eight
hours after the arrest of
the person, the arresting officer shall
send a copy of the sworn
report to the court in which the arrested
person is to appear on
the charge for which the person was
arrested. (F)
The sworn report of an arresting officer completed under
this
section is prima-facie proof of the information and
statements
that it contains. It shall be admitted and considered
as
prima-facie proof of the information and statements that it
contains in any appeal under section 4511.197 of the Revised Code
relative to any suspension of a person's driver's or commercial
driver's
license or permit or nonresident operating privilege that
results from the arrest covered by the report.
Sec. 4511.194. (A) As used in this section: (1) "National highway traffic safety administration" has the
same meaning as in section 4511.19 of the Revised Code. (2) "Physical
control" means being in the driver's position
of the
front seat of
a vehicle or in the driver's position of a
streetcar
or trackless
trolley and having possession of the
vehicle's,
streetcar's, or
trackless trolley's ignition key or
other ignition
device. (B)
No person shall be in physical control of a
vehicle,
streetcar, or trackless trolley while under
the influence
of
alcohol,
a drug of abuse, or a combination of
them or
while the
person's whole blood, blood serum or plasma,
breath, or
urine
contains at least the concentration of alcohol
specified in
division (A)(2), (3), (4), or (5)(1)(b), (c), (d), or (e) of section 4511.19
of the
Revised Code. (C)(1) In any criminal prosecution or juvenile court
proceeding for a violation of this section or a substantially
equivalent municipal ordinance, if a law enforcement officer has
administered a field sobriety test to the person in physical
control of the vehicle involved in the violation and if it is
shown by clear and convincing evidence that the
officer
administered the test in substantial compliance with the
testing
standards for any reliable, credible, and generally
accepted field
sobriety tests that were in effect at the time the
tests were
administered, including, but not limited to, any
testing standards
then in effect that were set by the national
highway traffic
safety administration, all of the following apply: (a) The officer may testify concerning the results of the
field sobriety test so administered. (b) The prosecution may introduce the results of the field
sobriety test so administered as evidence in any proceedings in
the criminal prosecution or juvenile court proceeding. (c) If testimony is presented or evidence is introduced under
division (C)(1)(a) or (b) of this section and if the testimony or
evidence is admissible under the Rules of Evidence, the court
shall admit the testimony or evidence, and the trier of fact shall
give it whatever weight the trier of fact considers to be
appropriate. (2) Division (C)(1) of this section does not limit or
preclude a court, in its determination of whether the arrest of a
person was supported by probable cause or its determination of any
other matter in a criminal prosecution or juvenile court
proceeding of a type described in that division, from considering
evidence or testimony that is not otherwise disallowed by division
(C)(1) of this section. (D) Whoever violates this section is guilty of having
physical
control of a vehicle while under the influence, a
misdemeanor of the first
degree. In addition to other sanctions
imposed, the court may
impose on the offender a class seven
suspension of the offender's driver's
license, commercial driver's
license, temporary instruction permit,
probationary license, or
nonresident operating privilege from the range
specified in
division (A)(7) of section 4510.02 of the Revised Code.
Sec. 4511.196. (A) If a person is arrested
for being in
physical control
of a vehicle, streetcar, or trackless trolley in
violation of section 4511.194 of
the Revised Code or a substantially equivalent municipal ordinance, or for
operating
a vehicle, streetcar, or trackless trolley in
violation
of
division (A) or (B) of
section 4511.19 of the Revised
Code or a
municipal OVI ordinance,
regardless of whether the
person's
driver's or
commercial driver's license or permit or
nonresident
operating
privilege is or is not suspended under
section 4511.191
of the Revised Code, the
person's initial
appearance on the charge
resulting from the
arrest shall be held
within five days of the
person's arrest or
the issuance of the
citation to the person. (B)(1) If a person is arrested as described in division
(A)
of this section, if the person's driver's or commercial
driver's
license or permit or nonresident operating privilege has
been
suspended under
section 4511.191 of
the
Revised Code in relation
to that arrest, if the person
appeals the
suspension in accordance
with
section
4511.197
of the Revised Code, and if the judge,
magistrate, or
mayor
terminates the suspension
in accordance with
that section, the judge, magistrate, or mayor,
at any
time
prior
to adjudication on the merits of the charge resulting from
the
arrest,
may impose a new suspension of the person's
license,
permit, or nonresident operating privilege,
notwithstanding the
termination, if
the judge, magistrate, or
mayor determines that
the person's continued
driving will be a
threat to
public safety. (2) If a person is arrested as described in division (A)
of
this section and if the person's driver's or commercial
driver's
license or permit or nonresident operating privilege has
not been
suspended under
section 4511.191
of the
Revised Code in relation
to that arrest, the judge,
magistrate, or
mayor,
at any time prior
to the adjudication on the
merits of the
charge resulting from the
arrest, may impose a
suspension of
the
person's license, permit,
or nonresident operating privilege
if
the judge, magistrate, or
mayor determines that the
person's
continued driving will be a
threat to public safety. (C) A suspension
under division (B)(1) or (2) of this
section shall continue until
the
complaint
on the charge
resulting
from the arrest is
adjudicated on the merits. A court that
imposes
a suspension
under division (B)(2)
of this section shall
send the person's
driver's license or
permit to the registrar of
motor vehicles. If
the court possesses the
license or
permit of
a person in the
category
described in division (B)(2) of
this
section and the court does
not impose a suspension under
that
division,
the court shall return the
license or permit to the
person if the license
or permit has not
otherwise been suspended
or
cancelled. Any time during which the person serves a suspension of the
person's
license,
permit, or
privilege that is imposed pursuant
to
division (B)(1)
or (2) of this section shall be credited
against
any
period of judicial
suspension of the person's license,
permit,
or
privilege that is imposed
under
division
(G) of
section
4511.19 of the Revised
Code
or under section
4510.07 of
the Revised Code for a violation
of a municipal ordinance
substantially equivalent
to division (A)
of section 4511.19 of the
Revised Code. (D) If a person is arrested and charged with a violation of
section
2903.08 of the
Revised Code or a violation of section
2903.06 of the Revised
Code that is a felony offense,
the judge at
the person's initial appearance, preliminary
hearing, or
arraignment may suspend the person's driver's or
commercial
driver's license or permit or nonresident operating
privilege if
the judge determines at any of those proceedings
that the person's
continued driving will be a threat to public
safety. A suspension
imposed
under this
division shall continue
until the indictment or information
alleging the violation
specified in this division is adjudicated
on the merits. A court
that imposes a suspension under this
division shall send the
person's driver's or commercial driver's
license or permit to the
registrar.
Sec. 4511.197. (A) If a person is arrested for operating a
vehicle, streetcar, or trackless trolley in violation of division
(A) or (B) of section
4511.19 of
the Revised Code or a
municipal
OVI ordinance or for being in physical control of a
vehicle,
streetcar, or trackless trolley in violation of section
4511.194
of the Revised Code or a substantially equivalent municipal ordinance
and if the person's driver's or
commercial
driver's license or permit or nonresident
operating
privilege is
suspended under section 4511.191 of the Revised Code,
the person
may
appeal the suspension at the person's initial
appearance on
the charge
resulting from the arrest or
within the
period ending
thirty days after the person's initial
appearance on
that charge,
in the court in which the person
will appear on that
charge. If
the person appeals the suspension,
the appeal itself
does not stay
the operation of the suspension. If the
person
appeals the
suspension, either the person or the registrar of
motor
vehicles
may request a
continuance of the appeal, and the
court may grant
the continuance. The court
also may continue the
appeal on its
own motion. Neither the request for, nor
the
granting of, a
continuance stays the suspension that is the
subject of the
appeal, unless the court specifically grants a
stay. (B) A person shall file an appeal under division (A) of
this
section
in the municipal court, county court, juvenile court,
mayor's court, or
court of common pleas that has jurisdiction over
the charge
in relation to which the person was arrested. (C) If a person appeals a suspension under division (A)
of
this
section, the scope of the appeal is limited to determining
whether one or
more of the following conditions have not been met: (1) Whether the arresting law enforcement officer had
reasonable
ground to believe the arrested person was operating a
vehicle, streetcar, or trackless trolley in
violation of division
(A) or (B) of section 4511.19 of
the Revised Code or a
municipal
OVI ordinance or was in physical control of a vehicle,
streetcar,
or trackless trolley in violation of section 4511.194
of the
Revised Code or a substantially equivalent municipal ordinance and whether
the arrested person was in
fact
placed
under arrest; (2) Whether the law enforcement officer requested the
arrested
person to submit to the chemical test or tests designated
pursuant to
division (A) of section 4511.191 of the Revised Code; (3) Whether the arresting officer informed the arrested
person of
the consequences of refusing to be tested or of
submitting to the test or
tests; (4) Whichever of the following is applicable: (a) Whether the arrested person refused to submit to the
chemical
test or tests requested by the officer; (b) Whether the arrest was for a violation of division
(A)
or (B) of section 4511.19 of the Revised Code or a municipal
OVI
ordinance and, if it was, whether the chemical test results
indicate that the
arrested
person's whole blood contained a
concentration of
eight-hundredths of one per
cent or more by weight
of
alcohol, the person's blood
serum or plasma contained a
concentration
of ninety-six-thousandths of
one per cent or more by
weight of
alcohol, the person's breath
contained a concentration
of
eight-hundredths of one gram or more by
weight of alcohol per two
hundred ten liters of
the person's
breath, or the person's urine
contained a
concentration of
eleven-hundredths of one gram or
more by weight
of alcohol per
one hundred milliliters of the
person's urine at
the time of the
alleged offense. (D) A person who appeals a suspension under division (A)
of
this
section has the burden of proving, by a preponderance of the
evidence,
that one or more of the conditions specified in division
(C) of this section has not been met. If, during the
appeal, the
judge or magistrate of the court or the mayor of the mayor's court
determines
that all of those conditions have been met, the judge,
magistrate, or mayor
shall uphold the
suspension, continue the
suspension, and notify the registrar of
motor vehicles of the
decision on a form approved by the
registrar. Except as otherwise provided in this section, if a suspension
imposed under section 4511.191 of the Revised Code is
upheld on
appeal or if the subject person does not appeal the suspension
under division (A) of this section, the suspension shall
continue
until the complaint alleging the violation for which the person
was
arrested and in
relation to which the suspension was imposed
is adjudicated on the merits
or terminated pursuant to law. If
the suspension was
imposed under division (B)(1) of section
4511.191 of the Revised Code and it is
continued under this
section, any subsequent finding that the person is not
guilty of
the charge that resulted in the
person being requested to take the
chemical test or tests under division
(A) of section 4511.191 of
the Revised Code does
not
terminate or otherwise affect the
suspension. If the suspension was
imposed under division (C) of
section 4511.191 of the Revised Code in relation to an
alleged
misdemeanor violation of division (A) or (B) of
section 4511.19 of
the Revised Code or of a municipal OVI ordinance and it is
continued
under this
section, the suspension shall terminate if,
for any reason,
the person subsequently is found not guilty of the
charge that resulted
in the person taking the chemical test or
tests. If, during the appeal, the judge or magistrate of the trial
court
or the mayor of the mayor's court determines that one or
more of the
conditions specified in division (C) of this section
have not been
met, the judge, magistrate, or mayor shall terminate
the suspension, subject
to the imposition of a new suspension
under
division (B) of section 4511.196 of the Revised
Code; shall
notify
the registrar of motor vehicles of the decision on a form
approved by the
registrar; and, except as provided in division (B)
of
section 4511.196 of the Revised Code, shall order the
registrar
to
return the driver's or commercial driver's license or permit to
the person or
to take any other measures that may be necessary, if
the
license or permit was destroyed under section 4510.53 of the
Revised Code, to permit the
person to obtain a replacement
driver's or commercial driver's license or
permit from the
registrar
or a deputy registrar in accordance with that section.
The court
also shall issue to the person a court order, valid for
not more than ten days
from the date of issuance, granting the
person operating privileges for that
period. (E) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to
section 4511.191 of the Revised Code may file a
petition
requesting limited driving privileges in the common pleas
court,
municipal court, county court, mayor's court, or juvenile
court with jurisdiction over the related criminal or delinquency
case.
The petition may be filed at any time subsequent to the
date on which
the arresting law enforcement officer serves the
notice of suspension
upon the arrested person but no later than
thirty days after the
arrested person's initial appearance or
arraignment. Upon the
making of the request, limited driving
privileges may be granted
under sections 4510.021 and 4510.13 of
the Revised Code, regardless of whether
the person appeals the
suspension under this section or appeals the
decision of the court
on the appeal, and, if the person has
so appealed the suspension
or decision, regardless of whether the matter
has been heard or
decided by the court. The person shall pay the costs
of the
proceeding, notify the registrar of the filing of the
petition,
and send the registrar a copy of the petition. The court may not grant the person limited driving privileges
when
prohibited by section 4510.13 or 4511.191 of the Revised
Code. (F) Any person whose driver's or commercial driver's license
or
permit has been suspended under section 4511.19 of the Revised
Code or under section 4510.07 of the Revised Code for a conviction
of a municipal
OVI offense and who desires to retain the license
or permit during
the pendency of an appeal, at the time sentence
is pronounced, shall notify
the court of record
or mayor's court
that suspended the license or permit of the person's
intention to
appeal. If the person so notifies the court, the
court, mayor, or
clerk of the court shall retain the license or permit until
the
appeal is perfected, and, if execution of sentence is stayed,
the
license or permit shall be returned to the person to be held by
the
person during the pendency of the appeal. If the appeal is
not
perfected or is dismissed or terminated in an affirmance of
the conviction,
then the license or permit shall be taken up by
the court, mayor, or clerk, at
the time
of putting the sentence
into execution, and the court shall
proceed in the same manner as
if no appeal was taken. (G) Except as otherwise provided in this division, if a
person
whose driver's or commercial driver's license or permit or
nonresident
operating privilege was suspended under section
4511.191
of the Revised Code appeals the suspension under division
(A) of
this section, the prosecuting attorney of the county in
which the
arrest occurred shall represent the registrar of motor
vehicles in the appeal.
If the arrest occurred within a municipal
corporation within the
jurisdiction of the court in which the
appeal is conducted, the
city director of law, village solicitor,
or other chief legal
officer of that municipal corporation shall
represent the
registrar. If the appeal is conducted in a
municipal court, the
registrar shall be represented as provided in
section 1901.34 of
the Revised Code. If the appeal is conducted
in a mayor's
court,
the city director of law, village solicitor,
or other chief legal
officer of the municipal corporation that
operates that
mayor's court shall represent the registrar. (H) The court shall give information in writing of any
action
taken under this section to the registrar of motor
vehicles. (I) When it finally has been determined under the procedures
of
this section that a nonresident's privilege to operate a
vehicle within this
state has been suspended, the registrar of
motor vehicles shall
give information in writing of the action
taken to the motor
vehicle administrator of the state of the
nonresident's residence
and of any state in which the nonresident
has a license.
Sec. 4513.39. (A) The state highway patrol and sheriffs
or their deputies shall exercise, to the exclusion of all other
peace officers except within municipal corporations and except as
specified in division (B) of this section and division (E) of
section 2935.03 of the Revised Code, the power to make arrests
for violations on all state highways, of sections 4503.11,
4503.21, 4511.14 to 4511.16, 4511.20 to 4511.23, 4511.26 to
4511.40, 4511.42 to 4511.48, 4511.58, 4511.59, 4511.62 to
4511.71, 4513.03 to 4513.13, 4513.15 to 4513.22, 4513.24 to
4513.34, 4549.01, 4549.08 to 4549.12, and 4549.62 of the Revised
Code. (B) A member of the police force of a township police
district created under section 505.48 of the Revised Code, and a
township constable appointed pursuant to section 509.01 of the
Revised Code, who has received a certificate from the Ohio peace
officer training commission under section 109.75 of the Revised
Code, shall exercise the power to make arrests for violations of
those sections listed in division (A) of this section, other than
sections 4513.33 and 4513.34 of the Revised Code, as follows: (1) If the population of the township that created the
township police district served by the member's police force or
the township that is served by the township constable is sixty
fifty thousand or less, the member or constable shall exercise that
power on those portions of all state highways, except those
highways included as part of the interstate system, as defined in
section 5516.01 of the Revised Code, that are located within the
township police district, in the case of a member of a township
police district police force, or within the unincorporated
territory of the township, in the case of a township constable; (2) If the population of the township that created the
township police district served by the member's police force or
the township that is served by the township constable is greater
than sixty fifty thousand, the member or constable shall exercise that
power on those portions of all state highways and highways
included as part of the interstate highway system, as defined in
section 5516.01 of the Revised Code, that are located within the
township police district, in the case of a member of a township
police district police force, or within the unincorporated
territory of the township, in the case of a township constable.
Section 2. That existing sections 1547.11, 1901.41, 2152.19, 2903.08, 2925.01, 2929.01, 2929.13, 2929.14, 2929.15, 2929.16, 2929.17, 2929.19, 2929.24, 2929.27, 4123.54, 4507.02, 4507.05, 4510.13, 4510.17, 4510.54, 4511.19, 4511.191, 4511.192, 4511.194, 4511.196, 4511.197, and 4513.39 of the Revised Code are hereby repealed.
Section 3. That Section 5 of Am. Sub. S.B. 123 of the 124th General Assembly be amended to read as follows:
Sec. 5. (A) Notwithstanding division (B) of section 1.58 of
the Revised Code,
the provisions of the Revised Code amended or
enacted in Sections
1 and 2 of this
act Am. Sub. S.B. 123 of the 124th General Assembly shall apply only in
relation to conduct and
offenses committed
on or after January 1,
2004. Conduct and offenses
committed prior
to January 1, 2004,
shall
be governed by the law in
effect on the
date the conduct or
offense was committed.
(B)(1) Notwithstanding division (A) of this section, all of the following apply to conduct or an offense committed prior to January 1, 2004:
(a) A person whose driver's or commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege was suspended by a court may apply to the sentencing court for limited driving privileges under division (A) of section 4510.021 of the Revised Code;
(b) A person whose license, permit, or privilege was suspended by the Registrar of Motor Vehicles may apply for limited driving privileges under division (B) of section 4510.021 of the Revised Code if limited driving privileges are expressly authorized by a section of the Revised Code for the type of conduct or offense that caused the suspension;
(c) A person whose license, permit, or privilege was suspended, canceled, or revoked for life may file a motion for modification or termination of the suspension, cancellation, or revocation in accordance with section 4510.54 of the Revised Code.
(2) The terms and conditions of any limited driving privileges granted under this section shall be governed by the law in effect on and after January 1, 2004.
Section 4. That existing Section 5 of Am. Sub. S.B. 123 of the 124th General Assembly is hereby repealed. Section 5. (A) Section 2925.01 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. H.B. 364 and Am. Sub. H.B. 415 of
the 124th 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. (B) Section 2152.19 of the Revised Code is presented in
this act as a composite of the section as amended by Am. Sub. H.B. 400, Am. Sub. H.B. 490, and Am. Sub. S.B. 123, all of the 124th General Assembly, and Am. Sub. H.B. 95 and Am. Sub. S.B. 5, both of
the 125th 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.
(C) Section 4507.05 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Am. Sub. H.B. 407 and Am. Sub. S.B. 123 of
the 124th 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.
(D) Section 4511.19 of the Revised Code is presented in
this act as a composite of the section as amended by Am. Sub. H.B. 87 of the 125th General Assembly and Am. Sub. H.B. 490 and Am. Sub. S.B. 163, both of
the 124th 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.
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