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Sub. H. B. No. 163As Reported by the House Criminal Justice CommitteeAs Reported by the House Criminal Justice Committee
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
A BILL
To amend sections 1901.41, 2903.08, 2929.01, 2929.13, 2929.21, 4511.99, and 4513.39 and to
enact sections 1907.231, 2301.141, 2941.1413, and 2941.1414 of the
Revised Code to provide an
additional prison term
or term of imprisonment for
certain repeat OMVI or
OMVUAC offenders, 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, and to
maintain the provisions of this act on and after
January 1, 2004, by amending the versions of
sections 2929.01, 2929.13, and 4511.19 of the
Revised Code that take effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1901.41, 2903.08, 2929.01, 2929.13, 2929.21,
4511.99, 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. 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 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. 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. 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. 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. 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) 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)(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,
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;
any traffic-related homicide,
manslaughter, or assault offense;
three prior violations of
section 4511.19 of the Revised Code or a
substantially equivalent
municipal ordinance within the previous
six years; or a second or
subsequent felony violation of division (A)
of section 4511.19 of
the Revised Code. In addition to any other sanctions imposed, 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. (2) 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. (C) 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. (D) 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. (E) 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. 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. (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 a
felony 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
felony. (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) "Electronically monitored house
arrest" has the same
meaning as in section 2929.23 of the
Revised Code. (P) "Eligible offender" has the same
meaning as in section
2929.23 of the Revised Code
except as otherwise specified in
section 2929.20 of the
Revised Code. (Q) "Firearm" has the same meaning as
in section 2923.11 of
the Revised Code. (R) "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. (S) "House arrest" means a period of confinement of an
eligible offender that
is in the eligible offender's home or in
other premises specified by the
sentencing court or by the parole
board
pursuant to section 2967.28 of the Revised Code, that may be
electronically monitored house arrest, and during which all of
the
following apply: (1) The eligible offender is required to remain in the
eligible offender's
home or other specified premises
for the
specified period of confinement, except for periods of time
during
which the eligible offender is at the eligible offender's place of
employment or at other
premises as authorized by the sentencing
court or by the parole board. (2) The eligible offender is required
to report periodically
to a person designated by the
court or parole board. (3) The eligible offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or by the parole board. (T) "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. (U) "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. (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
OMVI offense pursuant
to division (G)(2) of
section 2929.13 and division (A)(4) or (8) of
section 4511.99 of
the Revised Code
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 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 a felony. (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 electronically
monitored house arrest 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
OMVI offense" means a violation
of division (A) of section
4511.19 of the Revised
Code that, under
section 4511.99 of
the Revised
Code, is a felony of the fourth
degree. (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
OMVI offense pursuant to division (G)(1) of section
2929.13
of the Revised Code and division (A)(4) or (8) of section 4511.99
of
the
Revised Code. (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,"
and "sexual 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 OMVI offense" means a
violation of
division (A) of section 4511.19 of the Revised Code
that, under
section 4511.99 of the Revised Code, is a felony of
the 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
2957.28 of the Revised Code. (TT) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
Sec. 2929.13. (A) Except as provided in
division (E), (F),
or (G) of this section and unless a
specific sanction is required
to be imposed or is precluded from
being imposed pursuant to law,
a court that imposes a sentence
upon an offender for a felony may
impose any sanction or
combination of sanctions on the offender
that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on
state or local government resources. If the offender is eligible to be sentenced to community
control sanctions,
the court shall consider the
appropriateness of
imposing a financial sanction pursuant to
section 2929.18 of the
Revised Code or
a sanction of community service
pursuant to
section 2929.17 of the Revised Code
as the sole sanction for the
offense. Except as otherwise provided in this
division, if the
court is required
to impose a mandatory prison term for the
offense for which
sentence is being imposed, the court also may
impose a financial
sanction pursuant to section 2929.18 of the
Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code. If the offender is being sentenced for a fourth degree felony
OMVI offense or for a third degree felony OMVI offense, in
addition
to the mandatory term of local
incarceration or the
mandatory prison term required for
the offense by
division (G)(1)
or (2) of this section, the
court shall impose upon the offender a
mandatory fine in accordance with
division (B)(3) of section
2929.18 of the
Revised Code
and may impose whichever of the
following is applicable: (1) For a fourth degree felony OMVI 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; (2) For a third or fourth degree felony OMVI 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. (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
OMVI
offense or for a third degree felony OMVI offense, the
court shall
impose upon the offender a mandatory
term of local incarceration
or a mandatory prison term in accordance with the
following: (1) If the offender is being sentenced for a fourth degree
felony
OMVI offense
and if the offender has not pleaded guilty to
and has not been convicted of 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 as specified
in division (A)(4) of section 4511.99
of
the Revised Code or a
mandatory term of local incarceration of
one hundred
twenty days
as specified in division (A)(8) of that
section. The court
shall
not reduce the term pursuant to
section
2929.20, 2967.193, or any
other provision of the Revised
Code.
The
court that imposes a
mandatory term of local incarceration
under
this division shall
specify whether the term is to be served
in a
jail, a
community-based correctional
facility, a halfway
house, or
an
alternative residential facility, and the
offender
shall serve
the
term in the type of facility specified
by the
court. A
mandatory
term of local incarceration imposed
under
division
(G)(1) of this
section is not subject to extension
under
section
2967.11 of the
Revised Code, to a period of post-release
control
under section
2967.28 of the Revised Code, or to any other
Revised
Code
provision that pertains to a prison term. (2) If the offender is being sentenced for a third
degree
felony OMVI offense,
or if the offender is being sentenced for a
fourth degree felony OMVI
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 pleads guilty to or also is convicted of 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 as specified in division (A)(4)
of
section
4511.99 of the Revised Code
or a mandatory prison term of
one
hundred twenty days as specified in division
(A)(8) of that
section
if the offender has not pleaded guilty to and has not been
convicted of 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 OMVI 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 court shall not sentence the
offender to
a
community control
sanction under section 2929.16 or 2929.17 of
the Revised
Code.
The
department of rehabilitation and correction
may place an
offender
sentenced to a mandatory prison term under
this division
in an
intensive
program prison established pursuant
to section
5120.033
of the Revised
Code if the department gave the
sentencing
judge
prior notice of its intent to
place the offender
in an
intensive
program prison established under that
section and
if the
judge did
not notify the department that the judge
disapproved the
placement. Upon the establishment of the initial
intensive
program prison pursuant to section 5120.033 of the
Revised Code
that is privately operated
and managed by a
contractor pursuant to
a contract entered into under section
9.06
of the Revised Code,
both of the following apply: (a) The department of rehabilitation and correction shall
make a
reasonable effort to ensure that a sufficient number of
offenders sentenced to
a mandatory prison term under this division
are placed in the privately
operated and managed prison so that
the privately operated and managed prison
has full occupancy. (b) Unless the privately operated and managed prison has
full
occupancy, the department of rehabilitation and correction
shall not place any
offender sentenced to a mandatory prison term
under this division in any
intensive program prison established
pursuant
to section 5120.033 of the Revised Code other
than the
privately operated and managed prison. (H) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, the judge
shall
require the offender to submit to a
DNA specimen collection
procedure pursuant to section 2901.07 of the
Revised Code
if
either of the following applies: (1) The offense was a sexually violent offense, and the
offender also was
convicted of or pleaded guilty to a sexually
violent predator specification
that was included in the
indictment,
count in the indictment, or information charging the
sexually violent offense. (2) The judge imposing sentence for the sexually oriented
offense
determines pursuant to division (B) of section 2950.09 of
the Revised
Code that the offender is a sexual predator. (I) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, the judge
shall
include in the sentence a summary of the
offender's duty to
register pursuant to section 2950.04 of the Revised Code,
the
offender's duty to provide notice of a change in residence address
and
register the new residence address pursuant to section 2950.05
of the Revised
Code, the offender's duty to periodically verify
the offender's current
residence address pursuant to section
2950.06 of the Revised Code, and the
duration of the duties. The
judge shall inform the offender, at the
time of sentencing, of
those duties and of their duration and, if required
under division
(A)(2) of section 2950.03 of
the Revised Code, shall perform the
duties specified in that
section. (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. 2929.21. (A) Except as provided in division (G) of
this
section or in section 2929.23
of the Revised Code, whoever is
convicted of or pleads guilty to
a misdemeanor other than a minor
misdemeanor shall be imprisoned
for a definite term or fined, or
both, which term of imprisonment
and fine shall be fixed by the
court as provided in this section. Whoever is convicted of or pleads guilty to committing,
attempting to commit, or complicity in committing a violation of
section 2909.03 of the Revised Code that is a misdemeanor, or a
violation of division (A)(2) of section 2909.06 of the Revised
Code when the means used are fire or explosion, shall be required
to reimburse agencies for their investigation or prosecution
costs
in accordance with section 2929.28 of the Revised Code. (B) Except as provided in division (G) of this
section,
terms of imprisonment for misdemeanor shall be imposed as
follows: (1) For a misdemeanor of the first degree, not more than
six
months; (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. (C) Fines for misdemeanor shall be imposed as follows: (1) For a misdemeanor of the first degree, not more than
one
thousand dollars; (2) For a misdemeanor of the second degree, not more than
seven hundred fifty dollars; (3) For a misdemeanor of the third degree, not more than
five hundred dollars; (4) For a misdemeanor of the fourth degree, not more than
two hundred fifty dollars. (D) Whoever is convicted of or pleads guilty to a minor
misdemeanor shall be fined not more than one hundred dollars. (E) The court may require a person who is convicted of or
pleads guilty to a misdemeanor to make restitution for all or
part
of the property damage that is caused by the offense
and for all
or part of the value of the property that is the subject of
any
theft offense, as defined in division (K) of section 2913.01
of
the Revised Code, that the person committed. If the court
determines that the victim of the offense was sixty-five years of
age or older or permanently or totally disabled at the time of
the
commission of the offense, the court, regardless of whether
the
offender knew the age of victim, shall consider this fact in
favor
of imposing restitution, but this fact shall not control
the
decision of the court. (F)(1) If a person is sentenced to a term of imprisonment
pursuant to this section and the term of imprisonment is to be
served in a county 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 person may be considered by the county sheriff of that county
for participation in the county jail industry program. The court
shall retain jurisdiction to modify its specification made
pursuant to this division during the person's term of
imprisonment
upon a reassessment of the person's qualifications
for
participation in the program. (2) If a person is sentenced to a term of imprisonment
pursuant to this section that is to be served in a local detention
facility, as defined in section 2929.35 of the Revised Code, the
court may impose as part of the sentence pursuant to section
2929.36 of the Revised Code a reimbursement sanction, 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 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. (ii) If the person does not dispute the bill described in
division (F)(2)(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
person as described in
that section. (b) The sentence automatically includes any certificate of
judgment issued as described in division (F)(2)(a)(ii) of this
section.
(G) If an offender is being sentenced
for a sexually
oriented offense that is a misdemeanor committed on or after
January
1,
1997, and if 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, the judge
shall include in
the offender's sentence a
statement that the offender has
been
adjudicated as being a sexual
predator, shall comply with the
requirements of section 2950.03 of
the Revised Code, and shall
require the offender to submit
to a
DNA specimen collection
procedure pursuant to
section 2901.07 of
the Revised Code. (H) Before imposing sentence on an offender who is being
sentenced for a sexually oriented offense that is a misdemeanor
committed on
or after
January
1, 1997, the judge 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. Before imposing
sentence on an
offender who is being
sentenced for a sexually
oriented offense,
the court also shall
comply with division (E) of
section 2950.09 of
the Revised Code. (I) If an offender is being sentenced
for a sexually
oriented offense that is a misdemeanor committed on or after
January
1, 1997, the judge shall
include in the sentence
a summary
of the offender's duty to
register pursuant to section 2950.04 of
the Revised Code,
the
offender's duty to provide notice of a
change in residence address
and
register the new residence address
pursuant to section 2950.05
of the
Revised Code,
the offender's
duty to periodically verify
the offender's current residence
address pursuant to section
2950.06 of the
Revised Code,
and the
duration of the duties. The
judge shall inform the offender, at
the
time of sentencing, of
those duties and of their duration and,
if required
under division
(A)(2) of section 2950.03 of
the
Revised Code, shall perform the
duties specified in
that section.
(J) If an offender is convicted of or pleads guilty to a
violation of division (B) of section 4511.19 of the Revised Code
and also is convicted of or pleads guilty to a specification of
the type described in section 2941.1414 of the Revised Code, and
if the court imposes a
term of imprisonment for the underlying
offense, the court shall
impose upon the offender an additional
definite term of
imprisonment of not more than six months. The
additional term of
imprisonment shall not be reduced pursuant to
any provision of the
Revised Code. The offender shall serve the
additional term of
imprisonment consecutively to and prior to the
term of
imprisonment imposed for the underlying offense and
consecutively
to any other mandatory term imposed in relation to
the offense.
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
violations
identified in division (A)(2) of section 4511.99 of the
Revised
Code or, on and after January 1, 2004, 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
violations
identified in division (A)(2) of section 4511.99 of the
Revised
Code or, on and after January 1, 2004, to five or more equivalent offenses)." (B) On and after January 1, 2004, "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 term of imprisonment of up to six months upon an offender
under division (J) of section 2929.21 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 violations identified in division (N)(1)(b) of
section 4511.99 of the Revised Code or, on and after January 1,
2004, 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 violations identified in division (N)(1)(b) of
section 4511.99 of the Revised Code or, on and after January 1, 2004, to five or more equivalent offenses)." (B) On and after January 1, 2004, "equivalent offense" has
the same meaning as in section 4511.181 of the Revised Code.
Sec. 4511.99. (A) Whoever violates division (A)(1), (2),
(3),
or (4) of
section 4511.19 of the Revised Code, in addition to
the license
suspension or revocation provided in section 4507.16
of the
Revised Code and any disqualification imposed under section
4506.16 of the Revised Code, shall be punished as provided in
division (A)(1), (2), (3), or (4) of this section.
Whoever
violates division
(A)(5), (6), or (7) of section
4511.19 of the
Revised
Code, in addition to the
license suspension or revocation
provided in section 4507.16 of
the Revised Code and any
disqualification
imposed under section 4506.16 of the
Revised
Code, shall be punished as
provided in division (A)(5),
(6), (7),
or (8) of this section. (1) Except as otherwise provided in division (A)(2), (3), or
(4) of this
section, the offender is guilty of a misdemeanor of
the first degree and
the court shall sentence the offender to a
term of imprisonment of
three consecutive days and may sentence
the offender pursuant to
section 2929.21 of the Revised Code to a
longer term of
imprisonment. In addition, the court shall impose
upon the
offender a fine of not less than two hundred fifty and
not more than
one thousand dollars. The court may suspend the execution of the mandatory three
consecutive days of imprisonment that it is required to impose by
this division, if the court, in lieu of the suspended term of
imprisonment, places the offender on probation and requires the
offender to attend, for three consecutive days, a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. The court also may suspend the
execution of
any part of the mandatory three consecutive days of
imprisonment
that it is required to impose by this division, if
the court
places the offender on probation for part of the three
consecutive
days; requires the offender to attend, for that part
of the three
consecutive days, a drivers' intervention program
that is
certified pursuant to section 3793.10 of the Revised
Code; and
sentences the offender to a term of imprisonment equal
to the
remainder of the three consecutive days that the offender
does not
spend attending the drivers' intervention program. The
court may
require the offender, as a condition of probation, to
attend and
satisfactorily complete any treatment or education
programs that
comply with the minimum standards adopted pursuant
to Chapter
3793. of the Revised Code by the director of alcohol
and drug
addiction services, in addition to the required
attendance at a
drivers' intervention program, that the operators
of the drivers'
intervention program determine that the offender
should attend and
to report periodically to the court on the offender's
progress in
the programs. The court also may impose any other
conditions of
probation on the offender that it considers
necessary. Of the fine imposed pursuant to this division, twenty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
This share shall be used by the agency to pay only
those costs it
incurs in enforcing section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and in
informing the
public of the laws governing the operation of a
motor vehicle
while under the influence of alcohol, the dangers
of operating a
motor vehicle while under the influence of
alcohol, and other
information relating to the operation of a
motor vehicle and the
consumption of alcoholic beverages.
Fifty dollars of the fine
imposed pursuant to this division shall be paid to the political
subdivision that pays the cost of housing the offender during the
offender's term of incarceration to the credit of the fund that
pays the
cost of the incarceration. If the offender was confined
as a
result of the offense prior to being sentenced for the
offense but
is not sentenced to a term of incarceration, the
fifty
dollars
shall be paid to the political subdivision that paid the
cost of
housing the offender during that period of confinement.
The
political subdivision shall use this share to pay or reimburse
incarceration or treatment costs it incurs in housing or providing
drug and alcohol treatment to persons who violate section 4511.19
of the Revised Code or a substantially similar municipal
ordinance
and to pay for ignition interlock devices and electronic house
arrest
equipment for persons who violate that section.
Twenty-five dollars of the fine imposed pursuant to this division
shall be deposited into the county indigent drivers alcohol
treatment fund or municipal indigent drivers alcohol treatment
fund under the control of that court, as created by the county or
municipal corporation pursuant to division (N) of section
4511.191
of the Revised Code. The balance of the fine shall be
disbursed
as otherwise provided by law. (2)(a) Except as otherwise provided in division (A)(4)
of
this section, the offender
is guilty of a misdemeanor of the first
degree, and, except as provided in this division, the court shall
sentence the
offender to a term of imprisonment of ten consecutive
days and may sentence
the offender pursuant to section 2929.21 of
the
Revised Code to a longer term of
imprisonment if, within six
years of the offense,
the offender
has been convicted of or
pleaded guilty to one violation of
the following: (i) Division
(A) or (B) of section 4511.19 of the Revised
Code; (ii) A municipal ordinance relating to operating a vehicle
while under the influence of alcohol, a drug of abuse, or alcohol
and a drug
of abuse; (iii) A municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine; (iv) Section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section; (v) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a municipal ordinance that
is
substantially similar to either of those divisions; (vi) Division (A)(2), (3), or (4) of
section 2903.06,
division (A)(2) of
section 2903.08, or former section 2903.07 of
the Revised Code, or a municipal ordinance that is substantially
similar to any of those divisions or that former section,
in a
case in which
the jury or judge found that the offender was under
the influence
of alcohol, a drug of abuse, or alcohol and a drug
of abuse; (vii) A statute of
the United States or of any other state
or a
municipal ordinance of a municipal corporation located in any
other state that
is substantially similar to division (A) or (B)
of section 4511.19 of the
Revised Code. As an alternative
to the term of imprisonment required to be
imposed by this
division, but subject to division (A)(12) of this
section, the
court may impose upon the offender a sentence
consisting of both
a term of imprisonment of five consecutive days
and not less than
eighteen consecutive days of electronically
monitored house
arrest as defined in division (A) of section
2929.23 of the
Revised Code. The five consecutive days of
imprisonment and the
period of electronically monitored house
arrest shall not exceed
six months. The five consecutive days of
imprisonment do not
have to be served prior to or consecutively
with the period of
electronically monitored house arrest. In addition, the court shall impose upon the offender a
fine
of not less than three hundred fifty and not more than one
thousand five hundred dollars. In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. If the officials of the drivers'
intervention program determine that the offender is alcohol
dependent, they shall notify the court, and the court shall order
the offender to obtain treatment through an alcohol and drug
addiction program authorized by section 3793.02 of the Revised
Code. The cost of the treatment shall be paid by the offender. Of the fine imposed pursuant to this division, thirty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
This share shall be used by the agency to pay only
those costs it
incurs in enforcing section
4511.19 of the Revised Code or a
substantially similar municipal
ordinance and in informing the
public of the laws governing the
operation of a motor vehicle
while under the influence of
alcohol, the dangers of operating a
motor vehicle while under the
influence of alcohol, and other
information relating to the
operation of a motor vehicle and the
consumption of alcoholic
beverages. One hundred fifteen dollars
of the fine imposed pursuant to
this division shall be paid to the
political subdivision
that pays the cost of housing the offender
during the offender's
term of
incarceration. This share shall be
used by the political
subdivision to pay or reimburse
incarceration or treatment costs it incurs in
housing or providing
drug and alcohol treatment to persons who violate section
4511.19
of the Revised Code
or a substantially similar municipal ordinance
and to pay for
ignition interlock devices and electronic house
arrest equipment
for persons who violate that section, and shall
be paid to the
credit of the fund that pays the cost of the
incarceration.
Fifty dollars of the fine imposed pursuant to this
division shall
be deposited into the county indigent drivers
alcohol treatment
fund or municipal indigent drivers alcohol
treatment fund under
the control of that court, as created by the
county or municipal
corporation pursuant to division (N) of
section 4511.191 of the
Revised Code. The balance of the fine
shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
penalties imposed under division (A)(2)(a) of this
section and
all other penalties provided by law and subject to
section
4503.235 of the Revised Code, shall order the
immobilization for
ninety days of the vehicle the offender was
operating at the time
of the offense and the impoundment for
ninety days of the
identification license plates of that vehicle.
The order for the
immobilization and impoundment shall be issued
and enforced in
accordance with section 4503.233 of the Revised
Code. (3)(a) Except as otherwise provided in division (A)(4)
of
this section and except as provided in this division, if, within
six years
of the offense, the offender has been convicted of or
pleaded guilty to two
violations identified in
division (A)(2) of
this section, the court shall
sentence the offender to a term of
imprisonment of thirty consecutive days and
may sentence the
offender to a longer definite term of
imprisonment of not more
than one year. As an alternative to the
term of imprisonment
required to be imposed by this division, but
subject to division
(A)(12) of this section, the court may impose
upon the offender a
sentence consisting of both a term of
imprisonment of fifteen
consecutive days and not less than
fifty-five consecutive days of
electronically monitored house
arrest as defined in division (A)
of section 2929.23 of the
Revised Code. The fifteen consecutive
days of imprisonment and
the period of electronically monitored
house arrest shall not
exceed one year. The fifteen consecutive
days of imprisonment do
not have to be served prior to or
consecutively with the period
of electronically monitored house
arrest. In addition, the court shall impose upon the offender a
fine
of not less than five hundred fifty and not more than two thousand
five hundred dollars. In addition to any other sentence that it imposes upon the
offender, the court shall require the offender to attend an
alcohol and drug addiction program authorized by section 3793.02
of the Revised Code. The cost of the treatment shall be paid by
the offender. If the court determines that the offender is
unable
to pay the cost of attendance at the treatment
program, the court
may order that payment of the cost of the
offender's attendance at
the treatment program be made from that
court's indigent drivers
alcohol treatment fund. Of the fine imposed pursuant to this division, one hundred
twenty-three dollars shall be paid to an enforcement and
education
fund established by the legislative authority of the
law
enforcement agency in this state that primarily was
responsible
for the arrest of the offender, as determined by the
court that
imposes the fine. This share shall be used by the
agency to pay
only those costs it incurs in enforcing section
4511.19 of the
Revised Code or a substantially similar municipal
ordinance and in
informing the public of the laws governing the
operation of a
motor vehicle while under the influence of
alcohol, the dangers of
operating a motor vehicle while under the
influence of alcohol,
and other information relating to the
operation of a motor vehicle
and the consumption of alcoholic
beverages. Two hundred
seventy-seven dollars of the fine imposed
pursuant to this
division shall be paid to the political
subdivision that pays the
cost of housing the offender during the
offender's term
of
incarceration. This share shall be used by the political
subdivision to pay or reimburse incarceration or treatment costs
it incurs in
housing or providing drug and alcohol treatment to
persons who violate section
4511.19 of
the Revised Code or a
substantially similar municipal ordinance
and to pay for ignition
interlock devices and electronic house
arrest equipment for
persons who violate that section and shall
be paid to the credit
of the fund that pays the cost of
incarceration. The balance of
the fine shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
penalties imposed under division (A)(3)(a) of this
section and
all other penalties provided by law and subject to
section
4503.235 of the Revised Code, shall order the criminal
forfeiture
to the state of the vehicle the offender was operating
at the time of the offense. The order of criminal forfeiture
shall be issued
and enforced in accordance with section 4503.234
of the Revised
Code. (4)(a)(i) If, within six years of the offense, the offender
has been convicted of or pleaded guilty to three or
more
four
violations identified in division (A)(2) of this section
or if, within twenty years of the offense, the offender previously has been convicted of or pleaded
guilty to five or more violations of that nature, and if
sentence
is
not required to be imposed under division
(A)(4)(a)(ii) of this
section, the
offender is guilty of a felony
of
the fourth degree
and, notwithstanding division (A)(4) of
section 2929.14 of
the
Revised Code, may be sentenced to a
definite prison term that
shall be not
less than six months and
not more than thirty months.
The court shall
sentence the
offender in accordance
with sections
2929.11 to 2929.19 of the
Revised Code
and, shall impose
as part
of the sentence
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
pleads guilty to or also is
convicted of a specification of the
type described in section
2941.1413 of the Revised Code, and shall
impose as part of the
sentence either a
mandatory term of local
incarceration of
sixty
consecutive days of
imprisonment in
accordance with division
(G)(1)
of section 2929.13
of the Revised
Code or a mandatory
prison
term of sixty
consecutive days of
imprisonment in
accordance with division
(G)(2) of that section
if
the offender
does not plead guilty to and is not convicted of a
specification
of that type. If the court requires the offender to
serve a
mandatory term of local incarceration of sixty consecutive
days of
imprisonment in accordance with division (G)(1) of section
2929.13
of the Revised Code, the court, pursuant to section
2929.17 of the
Revised Code, may impose upon the
offender a
sentence that
includes a term of electronically monitored house
arrest, provided
that the term of electronically monitored house
arrest shall
not
commence until after the offender has served the
mandatory term of
local
incarceration. (ii) If the offender previously has been convicted of or
pleaded
guilty to a violation of division (A) of section 4511.19
of the Revised Code
under circumstances
in which the violation was
a felony, regardless of when the prior violation
and the prior
conviction or guilty plea occurred, the offender is guilty of a
felony of the third degree. The court shall sentence the offender
in accordance with sections 2929.11 to 2929.19 of the Revised Code
and, shall impose as part of the sentence
a mandatory prison term
of 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 pleads guilty to or also is convicted of
a specification of the type described in section 2941.1413 of the
Revised Code, and shall impose as part of the sentence a mandatory
prison term
of sixty
consecutive days of imprisonment in
accordance with
division (G)(2) of section 2929.13 of the Revised
Code
if the offender does not plead guilty to and is not convicted
of a specification of that type. (iii) In addition to all other sanctions imposed on an
offender under
division (A)(4)(a)(i) or (ii)
of this section, the
court shall impose upon
the offender, pursuant to section 2929.18
of the Revised Code, a
fine of not less than eight hundred nor
more
than ten thousand dollars. In addition to any other sanction that it imposes upon
the
offender under division (A)(4)(a)(i) or (ii) of this section, the
court
shall require the offender to attend an alcohol
and drug
addiction program authorized by section 3793.02 of the
Revised
Code. The cost of the treatment shall be paid by the
offender.
If
the court determines that the offender is unable to
pay the
cost
of attendance at the treatment program, the
court may order
that
payment of the cost of the offender's
attendance at the
treatment
program be made from the court's
indigent drivers
alcohol
treatment fund. Of the fine imposed pursuant to this division, two hundred
ten dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
This share shall be used by the agency to pay only
those costs it
incurs in enforcing section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and in
informing the
public of the laws governing operation of a motor
vehicle while
under the influence of alcohol, the dangers of
operation of a
motor vehicle while under the influence of
alcohol, and other
information relating to the operation of a
motor vehicle and the
consumption of alcoholic beverages. Four
hundred forty dollars of
the fine imposed pursuant to this
division shall be paid to the
political subdivision that pays the cost of
housing the offender
during the offender's term of
incarceration. This
share shall be
used by the political subdivision to pay or
reimburse
incarceration or treatment costs it incurs in housing or providing
drug and alcohol treatment to persons who
violate section 4511.19
of the Revised Code or a
substantially similar municipal ordinance
and to pay for ignition
interlock devices and electronic house
arrest equipment for
persons who violate that section, and shall
be paid to the credit
of the fund that pays the cost of
incarceration. The balance of
the fine shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
sanctions imposed under division (A)(4)(a) of this
section and
all other sanctions provided by law and subject to
section
4503.235 of the Revised Code, shall order the criminal
forfeiture
to the state of the vehicle the offender was operating
at the
time of the offense. The order of criminal forfeiture
shall be
issued and enforced in accordance with section 4503.234
of the
Revised Code. (c) As used in division (A)(4)(a) of
this section,
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section
2929.01 of the
Revised Code. If title to a motor vehicle that is subject to an order for
criminal
forfeiture under this section is assigned or transferred
and division (C)(2)
or (3) of section 4503.234 of the Revised Code
applies, in addition to or
independent of any other penalty
established by law, the court may fine the
offender the value of
the vehicle as determined by publications of the
national auto
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division
(D)(4) of
section 4503.234 of the Revised Code. (5)(a) Except as otherwise provided in division (A)(6),
(7),
or (8)
of this section, the offender is guilty of a misdemeanor of
the first degree,
and the court shall sentence the offender to one
of the following: (i) A term of imprisonment of at least
three consecutive
days and
a requirement that the
offender attend, for three
consecutive days, a drivers'
intervention program that is
certified pursuant to section
3793.10 of the Revised Code; (ii) If the court determines that the offender is not
conducive
to treatment in the
program, if the offender refuses to
attend the program, or if the
place of imprisonment can provide a
drivers' intervention program, a term of
imprisonment of at least
six consecutive days. (b) In addition, the court shall impose upon the offender a
fine
of not less than two hundred fifty and not more than
one
thousand dollars. The court may require the offender, as a condition of
probation, to
attend and satisfactorily complete any treatment or
education
programs that comply with the minimum standards adopted
pursuant
to Chapter 3793. of the Revised Code by the
director of
alcohol
and drug addiction services, in addition to the required
attendance at a drivers' intervention program, that the operators
of the drivers' intervention program determine that the offender
should attend and to report periodically to the court on the
offender's
progress in the programs. The court also may impose
any other
conditions of probation on the offender that it
considers
necessary. Of the fine imposed pursuant to this division, twenty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
The agency shall use this share to pay only
those costs it incurs
in enforcing section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and in
informing the
public of the laws governing the operation of a
motor vehicle
while under the influence of alcohol, the dangers
of operating a
motor vehicle while under the influence of
alcohol, and other
information relating to the operation of a
motor vehicle and the
consumption of alcoholic beverages.
Fifty dollars of the fine
imposed pursuant to this division shall be paid to the political
subdivision that pays the cost of housing the offender during the
offender's term of incarceration to the credit of the fund that
pays the
cost of the incarceration. The political subdivision
shall use
this share to pay or reimburse incarceration or
treatment costs it
incurs in housing or providing drug and alcohol
treatment to
persons who violate section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and to pay for
ignition interlock
devices and electronic house arrest equipment
for persons who violate that
section.
Twenty-five dollars of the
fine imposed pursuant to this division
shall be deposited into the
county indigent drivers alcohol
treatment fund or municipal
indigent drivers alcohol treatment
fund under the control of that
court, as created by the county or
municipal corporation pursuant
to division (N) of section
4511.191 of the Revised Code. The
balance of the fine shall
be disbursed as otherwise provided by
law. (6)(a) Except as otherwise provided in division (A)(8)
of
this section and except as provided in this division, if, within
six years
of the offense, the offender has been convicted of or
pleaded guilty to one
violation of
division (A) or (B) of section
4511.19 of the
Revised Code, a
municipal ordinance relating to
operating a vehicle while under
the influence of alcohol, a drug
of abuse, or alcohol and a drug
of abuse, a municipal ordinance
relating to operating a vehicle
with a prohibited concentration of
alcohol in the blood, breath,
or urine, section 2903.04 of the
Revised Code in a case in
which
the offender was subject to the
sanctions described in division
(D) of that section, section
2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal
ordinance that is
substantially
similar to section 2903.07 of the
Revised Code in a case in
which
the jury or judge found that the
offender was under the influence
of alcohol, a drug of abuse, or
alcohol and a drug of abuse, or a statute of
the United States or
of any other state or a
municipal ordinance of a municipal
corporation located in any other state that
is substantially
similar to division (A) or (B) of section
4511.19 of the
Revised
Code, the offender is guilty of a misdemeanor of the
first degree,
and the court shall sentence the
offender to a term of
imprisonment of twenty consecutive days and
may sentence the
offender pursuant to section 2929.21 of the
Revised Code to a
longer term of imprisonment. As an
alternative
to the term of
imprisonment required to be imposed by this
division, but subject
to division (A)(12) of this section, the
court may impose upon the
offender a sentence consisting of both
a term of imprisonment of
ten consecutive days and not less than
thirty-six consecutive days
of electronically monitored house
arrest as defined in division
(A) of section 2929.23 of the
Revised Code. The ten consecutive
days of imprisonment and
the
period of electronically monitored
house arrest shall not exceed
six months. The ten consecutive
days of imprisonment do not
have to be served prior to or
consecutively with the period of
electronically monitored house
arrest. In addition, the court shall impose upon the offender a
fine
of not less than three hundred fifty and not more than one
thousand five hundred dollars. In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. If the officials of the
drivers'
intervention program determine that the offender is alcohol
dependent, they shall notify the court, and the court shall order
the offender to obtain treatment through an alcohol and drug
addiction program authorized by section 3793.02 of the Revised
Code. The offender shall pay the cost of the treatment. Of the fine imposed pursuant to this division, thirty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
The agency shall use this share to pay only
those costs it incurs
in enforcing section
4511.19 of the Revised Code or a
substantially similar
municipal
ordinance and in informing the
public of the laws governing the
operation of a motor vehicle
while under the influence of
alcohol, the dangers of operating a
motor vehicle while under the
influence of alcohol, and other
information relating to the
operation of a motor vehicle and the
consumption of alcoholic
beverages. One hundred fifteen dollars
of the fine imposed pursuant to
this division shall be paid to the
political subdivision
that pays the cost of housing the offender
during the offender's
term of
incarceration. The political
subdivision shall use this share
to pay or reimburse incarceration
or treatment costs it incurs in
housing or providing drug and
alcohol treatment to persons who violate section
4511.19 of the
Revised
Code
or a substantially similar municipal ordinance and to
pay for
ignition interlock devices and electronic house arrest
equipment
for persons who violate that section, and this share
shall be paid to the
credit of the fund that pays the cost of the
incarceration.
Fifty dollars of the fine imposed pursuant to this
division shall
be deposited into the county indigent drivers
alcohol treatment
fund or municipal indigent drivers alcohol
treatment fund under
the control of that court, as created by the
county or municipal
corporation pursuant to division (N) of
section 4511.191 of the
Revised Code. The balance of the fine
shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
penalties imposed under division (A)(6)(a) of this
section and
all other penalties provided by law and subject to
section
4503.235 of the Revised Code, shall order the
immobilization
for
ninety days of the vehicle the offender was
operating at the time
of the offense and the impoundment for
ninety days of the
identification license plates of that vehicle.
The order for the
immobilization and impoundment shall be issued
and enforced in
accordance with section 4503.233 of the Revised
Code. (7)(a) Except as otherwise provided in division (A)(8)
of
this section and except as provided in this division, if, within
six years
of the offense,
the offender
has been convicted of or
pleaded guilty to two violations of
division (A) or (B) of section
4511.19 of the
Revised Code, a
municipal ordinance relating to
operating a vehicle while under
the influence of alcohol, a drug
of abuse, or alcohol and a drug
of abuse, a municipal ordinance
relating to operating a vehicle
with a prohibited concentration of
alcohol in the blood, breath,
or urine, section 2903.04 of the
Revised Code in a case in
which
the offender was subject to the
sanctions described in division
(D) of that section, section
2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal
ordinance that is
substantially
similar to section 2903.07 of the
Revised Code in a case in
which
the jury or judge found that the
offender was under the influence
of alcohol, a drug of abuse, or
alcohol and a drug of abuse,
or a statute of the United States or
of any other
state or a municipal ordinance of a municipal
corporation located in any other
state that is substantially
similar to division (A) or (B)
of section 4511.19
of the Revised
Code, the court shall
sentence the offender to a term of
imprisonment of sixty consecutive days and
may sentence the
offender to a longer definite term of
imprisonment of not more
than one year. As an alternative to the
term of imprisonment
required to be imposed by this division, but
subject to division
(A)(12) of this section, the court may impose
upon the offender a
sentence consisting of both a term of
imprisonment of thirty
consecutive days and not less than
one hundred ten consecutive
days of electronically monitored house
arrest as defined in
division (A) of section 2929.23 of the
Revised Code. The thirty
consecutive days of imprisonment
and
the period of electronically
monitored house arrest shall not
exceed one year. The thirty
consecutive days of imprisonment do
not have to be served prior to
or consecutively with the period
of electronically monitored house
arrest. In addition, the court shall impose upon the offender a
fine
of not less than five hundred fifty and not more than two thousand
five hundred dollars. In addition to any other sentence that it imposes upon the
offender, the court shall require the offender to attend an
alcohol and drug addiction program authorized by section 3793.02
of the Revised Code. The offender shall pay the cost of the
treatment. If the court determines that the offender is
unable to
pay the cost of attendance at the treatment
program, the court may
order that payment of the cost of the
offender's attendance at the
treatment program be made from that
court's indigent drivers
alcohol treatment fund. Of the fine imposed pursuant to this division, one hundred
twenty-three dollars shall be paid to an enforcement and
education
fund established by the legislative authority of the
law
enforcement agency in this state that primarily was
responsible
for the arrest of the offender, as determined by the
court that
imposes the fine. The agency shall use this share
to pay only
those costs it incurs in enforcing section
4511.19 of the Revised
Code or a substantially similar
municipal
ordinance and in
informing the public of the laws governing the
operation of a
motor vehicle while under the influence of
alcohol, the dangers of
operating a motor vehicle while under the
influence of alcohol,
and other information relating to the
operation of a motor vehicle
and the consumption of alcoholic
beverages. Two hundred
seventy-seven dollars of the fine imposed
pursuant to this
division shall be paid to the political
subdivision that pays the
cost of housing the offender during the
offender's term
of
incarceration. The political subdivision shall use this share
to
pay or reimburse incarceration or treatment costs it incurs in
housing or providing drug and alcohol treatment to persons who
violate section
4511.19 of the Revised
Code or a substantially
similar municipal ordinance and to pay for
ignition interlock
devices and electronic house
arrest equipment for persons who
violate that section, and this share shall
be paid to the credit
of the fund that pays the cost of
incarceration. The balance of
the fine shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
penalties imposed under division (A)(7)(a) of this
section and
all other penalties provided by law and subject to
section
4503.235 of the Revised Code, shall order the
immobilization
for
one hundred eighty days of the vehicle the
offender was operating
at the time of the offense and the
impoundment for one hundred
eighty days of the identification
license plates of that vehicle.
The order for the immobilization
and impoundment shall be issued
and enforced in accordance with
section 4503.233 of the Revised
Code. (8)(a)(i) If, within six years of the offense, the
offender
has been convicted of or pleaded guilty to three or
more
four
violations of division (A) or (B) of section 4511.19 of the
Revised Code, a municipal ordinance relating to operating a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, a municipal ordinance relating to
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine, section 2903.04 of the Revised
Code
in a case in which the offender was subject to the sanctions
described in division (D) of that section, section 2903.06,
2903.07, or 2903.08 of the Revised Code or a municipal
ordinance
that is substantially similar to section 2903.07 of the Revised
Code in a case in which the jury or judge found that the offender
was under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or a statute of the United States or
of any
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to
division
(A) or
(B) of section 4511.19 of the Revised Code
or if, within twenty years of the offense, the offender previously has been convicted of or pleaded
guilty to five or more violations of that nature,
and if
sentence
is not required to be imposed
under division
(A)(8)(a)(ii) of this
section, the offender is guilty of a felony
of
the fourth degree
and, notwithstanding
division (A)(4) of
section 2929.14 of the
Revised
Code, may be
sentenced to a
definite prison term that
shall be not less than six
months and
not more than thirty months.
The court shall sentence the
offender in accordance
with sections
2929.11 to 2929.19 of the
Revised Code
and,
shall impose
as part
of the sentence
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
pleads guilty to or also is
convicted of a specification of the
type described in section
2941.1413 of the Revised Code, and shall
impose as part of the
sentence either a
mandatory term of local
incarceration of one
hundred
twenty
consecutive days of
imprisonment in accordance with
division
(G)(1)
of section 2929.13
of the Revised Code
or a
mandatory
prison
term of one hundred
twenty consecutive days of
imprisonment
in
accordance with
division (G)(2) of that section
if
the offender does not plead
guilty to and is not convicted of a
specification of that type.
If the court
requires the offender to
serve a mandatory term of
local
incarceration of
one hundred
twenty consecutive days of
imprisonment in
accordance with
division (G)(1) of section 2929.13
of the
Revised
Code,
the court,
pursuant
to section
2929.17 of the
Revised Code, may impose upon
the
offender a sentence that
includes a term of electronically
monitored house
arrest, provided
that the term of electronically
monitored house arrest shall
not
commence until after the offender
has served the mandatory term of
local
incarceration. (ii) If the offender previously has been convicted of or
pleaded
guilty to a violation of division (A) of section 4511.19
of the Revised Code
under circumstances
in which the violation was
a felony, regardless of when the prior violation
and the prior
conviction or guilty plea occurred, the offender is guilty of a
felony of the
third degree. The
court shall sentence the offender
in accordance with sections
2929.11 to 2929.19 of the Revised Code
and, shall impose as part of
the sentence
a mandatory prison term
of one, 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 pleads guilty to or also is convicted of
a specification of the type described in section 2941.1413 of the
Revised Code, and shall impose as part of the sentence a mandatory
prison term
of one hundred twenty consecutive
days of imprisonment
in
accordance with division (G)(2) of
section 2929.13 of the
Revised
Code
if the offender does not plead guilty to and is not
convicted of a specification of that type. (iii) In addition to all other sanctions imposed on an
offender
under division (A)(8)(a)(i) or
(ii) of this section, the
court shall impose upon
the offender, pursuant to section 2929.18
of the Revised
Code, a
fine of not less than eight hundred nor
more than ten
thousand dollars. In addition to any other sanction that it imposes upon
the
offender under division (A)(8)(a)(i)
or (ii) of this section, the
court shall
require the offender to attend
an alcohol
and drug
addiction program authorized by section 3793.02 of the
Revised
Code. The cost of the treatment shall be paid by
the
offender.
If
the court determines that the offender is unable to
pay the
cost
of attendance at the treatment program, the
court may order
that
payment of the cost of the offender's
attendance at the
treatment
program be made from the court's
indigent drivers
alcohol
treatment fund. Of the fine imposed pursuant to this division, two hundred
ten dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
The agency shall use this share to pay only
those costs it incurs
in enforcing section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and in
informing the
public of the laws governing operation of a motor
vehicle while
under the influence of alcohol, the dangers of
operation of a
motor vehicle while under the influence of
alcohol, and other
information relating to the operation of a
motor vehicle and the
consumption of alcoholic beverages. Four
hundred forty dollars of
the fine imposed pursuant to this
division shall be paid to the
political subdivision that pays the cost of
housing the offender
during the offender's term of
incarceration. The political
subdivision shall use this
share to pay or
reimburse incarceration
or treatment costs it incurs in housing or providing
drug and
alcohol treatment to persons who
violate section 4511.19 of the
Revised Code or a
substantially similar municipal ordinance and to
pay for ignition
interlock devices and electronic house arrest
equipment for
persons who violate that section, and this share
shall be paid to the credit
of the fund that pays the cost of
incarceration. The balance of
the fine shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
sanctions imposed under division (A)(8)(a) of this
section and
all other sanctions provided by law and subject to
section
4503.235 of the Revised Code, shall order the criminal
forfeiture
to the state of the vehicle the offender was operating
at the
time of the offense. The order of criminal forfeiture
shall be
issued and enforced in accordance with section 4503.234
of the
Revised Code. (c) As used in division (A)(8)(a) of
this section,
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section
2929.01 of the
Revised Code. (d) If title to a motor vehicle that is subject to an order
for
criminal
forfeiture under this section is assigned or
transferred and division
(C)(2)
or (3) of section 4503.234 of the
Revised Code applies, in
addition to or
independent of any other
penalty established by law, the court may fine the
offender the
value of the vehicle as determined by publications of the
national
auto dealer's association. The proceeds from any fine imposed
under
this division shall be distributed in accordance with
division (D)(4)
of section 4503.234 of the Revised Code. (9)(a) Except as provided in division (A)(9)(b) of this
section, upon a showing that imprisonment would seriously affect
the ability of an offender sentenced pursuant to division (A)(1),
(2), (3), (4), (5), (6), (7), or (8) of this section to continue
the
offender's
employment, the
court may authorize that the
offender be granted work release
from imprisonment after the
offender has served the three, six, ten, twenty,
thirty, or sixty
consecutive days of imprisonment or the
mandatory term of local
incarceration of sixty or one hundred twenty
consecutive days that
the
court
is required by division (A)(1), (2), (3), (4), (5), (6),
(7), or (8) of this
section to impose. No court shall authorize
work release from
imprisonment during the three, six, ten, twenty,
thirty, or sixty consecutive
days of imprisonment or the mandatory
term of local incarceration or
mandatory prison term of sixty or
one hundred twenty consecutive
days that the court is required by
division
(A)(1), (2), (3), (4), (5), (6), (7), or (8) of this
section to impose. The
duration
of the work release shall not
exceed the time necessary each day
for the offender to commute to
and from the place of employment
and the place of imprisonment and
the time actually spent under
employment. (b) An offender who is sentenced pursuant to division
(A)(2), (3), (6), or (7) of this section to a term of imprisonment
followed
by a period of electronically monitored house arrest is
not
eligible for work release from imprisonment, but that person
shall be permitted work release during the period of
electronically monitored house arrest.
No court shall authorize
work release from a mandatory prison term that the court is
required to impose under division (G)(2) of section 2929.13 of the
Revised Code. The duration of the work
release shall not exceed
the time necessary each day for the
offender to commute to and
from the place of employment and the
offender's home or other
place specified by the sentencing court
and the
time actually
spent under employment. (10) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence, the placement of an offender in any treatment
program
in
lieu of imprisonment, or the use of a community control sanction
for an
offender convicted of a felony, no court shall suspend the
ten, twenty, thirty, or sixty
consecutive days of imprisonment
required to be imposed on an
offender by division (A)(2), (3),
(6),
or (7) of this section, no court shall place an
offender who
is sentenced pursuant to division (A)(2), (3),
(4), (6), (7), or
(8) of this section in any
treatment program in lieu of
imprisonment until after the offender has served the ten,
twenty,
thirty, or sixty consecutive
days of imprisonment or the mandatory
term of
local incarceration or mandatory prison term
of sixty or
one hundred twenty consecutive days required to be imposed
pursuant to division (A)(2), (3), (4), (6), (7),
or (8) of this
section
or a mandatory prison term of one, two, three, four, or
five years that the court is required to impose under division
(G)(2) of section 2929.13 of the Revised Code, no court that
sentences an offender under division (A)(4)
or (8) of this
section
shall
impose any sanction other than a
mandatory term of local
incarceration or
mandatory prison term to
apply to the
offender
until after the offender has served the
mandatory term of local
incarceration or mandatory prison term
of
sixty or one hundred
twenty consecutive days required to be
imposed
pursuant to
division
(A)(4) or (8) of this section
or division (G) of section
2929.13 of the Revised Code, and no
court that imposes a sentence
of imprisonment and a period of
electronically monitored house
arrest upon an offender under
division (A)(2), (3), (6), or (7) of
this section shall suspend
any portion
of the sentence or place
the offender in any treatment
program in
lieu of imprisonment or
electronically monitored house
arrest.
Notwithstanding any
section of the Revised Code that
authorizes
the suspension of the
imposition or execution of a
sentence or
the placement of an
offender in any treatment program
in lieu of
imprisonment, no
court, except as specifically
authorized by
division (A)(1) or (5)
of this section, shall
suspend the
three or more consecutive days
of imprisonment
required to be
imposed by
division (A)(1) or (5)
of this section
or place an offender
who is
sentenced pursuant to
division (A)(1)
or (5) of this section
in any treatment program in
lieu of
imprisonment until after the
offender has served the three
or more
consecutive days of imprisonment
required to be imposed
pursuant
to division (A)(1) or (5) of
this section. (11) No court shall sentence an offender to an alcohol
treatment program pursuant to division (A)(1), (2), (3), (4),
(5),
(6), (7), or (8)
of this section unless the treatment program
complies with the
minimum standards adopted pursuant to Chapter
3793. of the
Revised Code by the director of alcohol and drug
addiction
services. (12) No court shall impose the alternative sentence of a
term of imprisonment plus a term of electronically monitored house
arrest permitted to be imposed by division (A)(2), (3), (6),
or
(7) of this
section, unless within sixty days of the date of
sentencing, the
court issues a written finding, entered into the
record, that due
to the unavailability of space at the
incarceration facility
where the offender is required to serve the
term of imprisonment
imposed upon the offender, the offender will
not be able to
commence
serving the term of imprisonment within
the sixty-day period
following the date of sentencing. If the
court issues such a
written finding, the court may impose the
alternative sentence
comprised
of a term of imprisonment and a
term of electronically monitored
house arrest permitted to be
imposed by division (A)(2),
(3), (6), or (7) of this section. (B) Whoever violates section 4511.192, 4511.251, or
4511.85
of the Revised Code is guilty of a misdemeanor of the
first
degree. The court, in addition to or independent of all
other
penalties provided by law, may suspend for a period not to
exceed
one year the driver's or commercial driver's license or
permit or
nonresident operating privilege of any person who
pleads guilty to
or is convicted of a violation of section
4511.192 of the Revised
Code. (C) Whoever violates section 4511.63, 4511.76, 4511.761,
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is
guilty of one of the following: (1) Except as otherwise provided in division (C)(2) of
this
section, a minor misdemeanor. (2) If the offender previously has been convicted of
or
pleaded guilty to one or more violations of
section 4511.63,
4511.76,
4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the
Revised
Code or a municipal ordinance that is substantially
similar to
any of those sections, a
misdemeanor
of the fourth
degree. (D)(1) Whoever violates any provision of sections 4511.01
to
4511.76 or section 4511.84 of the Revised Code, for which no
penalty otherwise is provided in this section is guilty of one of
the following: (a) Except as otherwise provided in division
(D)(1)(b),
(1)(c), (2), (3), or (4) of this
section, a minor misdemeanor; (b) If, within one year of the offense, the offender
previously has been convicted of
or pleaded guilty to one
violation of any provision of
sections
4511.01 to 4511.76 or
section 4511.84 of the Revised Code for
which no penalty otherwise
is provided in this section or a
municipal ordinance that is
substantially similar to any
provision of sections 4511.01 to
4511.76 or section 4511.84 of
the Revised Code for which no
penalty otherwise is provided in
this section, a
misdemeanor of
the fourth
degree; (c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to two or more
violations of any provision described in division (D)(1)(b)
of
this section or any municipal ordinance that is substantially
similar to any of those provisions, a misdemeanor of the third
degree. (2) When any person is found guilty of a first offense for
a
violation of section 4511.21 of the Revised Code upon a finding
that the person operated a motor vehicle faster than
thirty-five
miles an
hour in a business district of a municipal corporation,
or faster
than fifty miles an hour in other portions, or faster
than
thirty-five miles an hour while passing through a school zone
during recess or while children are going to or leaving school
during the opening or closing hours, the person is guilty of a
misdemeanor of the fourth degree. (3) Notwithstanding section 2929.21 of the Revised Code,
upon a finding that such person operated a motor vehicle in a
construction zone where a sign was then posted in accordance with
section 4511.98 of the Revised Code, the court, in addition to
all
other penalties provided by law, shall impose a fine of two
times
the usual amount imposed for the violation. No court shall
impose
a fine of two times the usual amount imposed for the
violation
upon an offender who alleges, in an affidavit filed
with the court
prior to the offender's sentencing, that the offender is
indigent
and is unable to pay the fine imposed pursuant to this division,
provided the court determines the offender is an indigent person
and is unable to pay the fine. (4) Notwithstanding section 2929.21 of the Revised
Code,
upon a
finding that a person operated a motor vehicle in violation
of division
(C) of section
4511.213 of the Revised Code, the
court, in
addition to all other penalties provided by law, shall
impose a fine of
two times the usual amount imposed for the
violation. (E) Whenever a person is found guilty in a court of record
of a violation of section 4511.761, 4511.762, or 4511.77 of the
Revised Code, the trial judge, in addition to or independent of
all other penalties provided by law, may suspend for any period
of
time not exceeding three years, or revoke the license of any
person, partnership, association, or corporation, issued under
section 4511.763 of the Revised Code. (F) Whoever violates division (E) or (F) of section
4511.51,
division (A), (D), or (E) of section 4511.521, section
4511.681,
division (A) or (C) of section 4511.69, section
4511.772, or
division (A) or (B) of section 4511.82 of the
Revised Code is
guilty of a minor misdemeanor. (G) Whoever violates division (A) of section 4511.75 of
the
Revised Code may be fined an amount not to exceed five
hundred
dollars. A person who is issued a citation for a
violation of
division (A) of section 4511.75 of the Revised Code
is not
permitted to enter a written plea of guilty and waive the person's
right to contest the citation in a trial, but instead must appear
in person in the proper court to answer the charge. (H)(1) Whoever is a resident of this state and violates
division (A) or (B) of section 4511.81 of the Revised Code shall
be punished as follows: (a) Except as otherwise provided in division (H)(1)(b) of
this section, the
offender is guilty of a
minor misdemeanor. (b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (A) or (B) of section
4511.81 of the
Revised Code or of a municipal
ordinance that is
substantially similar to either of those
divisions, the offender
is guilty of a misdemeanor of the fourth
degree. (2) Whoever is not a resident of this state, violates
division (A) or (B) of section 4511.81 of the Revised Code, and
fails to prove by a preponderance of the evidence that the
offender's use or nonuse of a child restraint system was in
accordance
with the law
of the state of which the offender is a
resident is guilty of
a minor
misdemeanor on a first offense; on a
second or subsequent
offense, that person is guilty of a
misdemeanor of the fourth
degree. (3) All fines imposed pursuant to
division (H)(1) or (2) of
this section shall be forwarded to the
treasurer of state for
deposit in the "child highway safety fund"
created by division (G)
of section 4511.81 of the Revised Code. (I) Whoever violates section 4511.202 of the Revised Code
is
guilty of operating a motor vehicle without being in control
of
it, a minor misdemeanor. (J) Whoever violates division (B) of section 4511.74,
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of
section 4511.83 of the Revised Code is guilty of a misdemeanor of
the first degree. (K) Except as otherwise provided in this division, whoever
violates division (E) of section 4511.11, division (A) or (C) of
section 4511.17, or section 4511.18 of the Revised Code is guilty
of a misdemeanor of the third degree. If a violation of division
(A) or (C) of section 4511.17 of the Revised Code creates a risk
of physical harm to any person, the offender is guilty of a
misdemeanor of the first degree. A violation of division (A) or
(C) of section 4511.17 of the Revised Code that causes serious
physical harm to property that is owned, leased, or controlled by
a state or local authority is a felony of the fifth
degree. (L) Whoever violates division (H) of section 4511.69 of
the
Revised Code shall be punished as follows: (1) Except as otherwise provided in
division (L)(2) of this
section, the offender shall be
issued a warning. (2) If the offender previously has been convicted of or
pleaded guilty to a violation of division (H) of section 4511.69
of the Revised Code or of a municipal ordinance that is
substantially similar to that division, the offender shall not be
issued a
warning but shall be fined twenty-five dollars for each
parking location
that is not
properly marked or whose markings are
not properly maintained. (M) Whoever violates division (A)(1) or (2) of section
4511.45 of the Revised Code is guilty of a misdemeanor of the
fourth degree on a first offense; on a second offense within one
year after the first offense, the person is guilty of a
misdemeanor of the third degree; and on each subsequent offense
within one year after the first offense, the person is guilty of
a
misdemeanor of the second degree. (N)(1) Whoever violates division (B) of section 4511.19
of
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: (a) Except as otherwise provided in division
(N)(1)(b) of
this section, the offender is guilty of
a misdemeanor of the
fourth degree. (b) The offender is guilty of a misdemeanor of the third
degree
if, within one year of the offense, the offender has
been
convicted of or pleaded guilty to any violation of the
following: (i) Division
(A) or (B) of section 4511.19 of the Revised
Code; (ii) A municipal
ordinance relating to operating a vehicle
while under the
influence of alcohol, a drug of abuse, or alcohol
and a drug of
abuse; (iii) A municipal ordinance relating to operating a vehicle
with
a prohibited concentration of alcohol in the blood, breath,
or
urine; (iv) Section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D)
of that section; (v) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a municipal ordinance
that
is substantially similar
to either of those divisions; (vi) Division (A)(2), (3), or (4) of section
2903.06 or
division (A)(2) of section 2903.08
of the
Revised Code or a
municipal ordinance that is substantially
similar to any of those
divisions, or former section
2903.07 of the Revised Code or
a
substantially similar municipal ordinance, in a
case in which
the
jury or judge found that the offender was under the influence
of
alcohol, a drug of abuse, or alcohol and a drug of abuse; (vii) A statute of
the United States or of any other state
or a
municipal ordinance of a municipal corporation located in any
other state that
is substantially similar to division (A) or (B)
of section 4511.19 of the
Revised Code. (2) In addition to or independent of all other penalties
provided by law, the offender's driver's or commercial driver's
license or permit or nonresident operating privilege shall be
suspended in accordance with, and for the period of time
specified
in, division (E) of section 4507.16 of the Revised
Code. (O) Whoever violates section 4511.62 of the Revised
Code is
guilty of a misdemeanor of the fourth degree. (P) Whoever violates division
(F)(1)(a) or (b) of section
4511.69
of the Revised
Code is guilty of a misdemeanor
and shall
be fined not less than two hundred fifty nor more than five
hundred
dollars, but in no
case shall an offender be sentenced to
any term of
imprisonment. Arrest or conviction for a violation of division
(F)(1)(a) or
(b) of section 4511.69
of the Revised
Code does not constitute a
criminal record and need not be reported by the person so
arrested
or convicted in response to any inquiries contained in
any
application for employment, license, or other right or
privilege,
or made in connection with the person's appearance as
a witness. Every fine collected under this division shall be paid by the
clerk of the
court to the political subdivision in which the
violation occurred.
Except as provided in this division, the
political subdivision shall use the
fine moneys it receives under
this division to pay the expenses it incurs in
complying with
the
signage and notice requirements contained in division (E) of
section 4511.69 of the Revised Code. The political subdivision
may use up to fifty per cent of each fine it receives under this
division to pay the costs of educational, advocacy, support, and
assistive technology programs for persons with disabilities, and
for
public improvements within the political subdivision that
benefit
or assist persons with disabilities, if governmental
agencies or
nonprofit organizations offer the programs.
(Q)(1) Whoever violates division (B) or (C) of section
4511.512 of
the Revised Code is guilty of a minor misdemeanor and
shall be punished as follows: (a) The offender
shall be fined ten dollars. (b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (B) or (C) of section
4511.512
of the Revised Code or a substantially similar municipal
ordinance, the court, in addition to imposing the fine required
under division (Q)(1)(a) of this section, shall do one of the
following: (i) Order the impoundment for not less than one day but not
more
than thirty days of the electric personal assistive mobility
device that was involved in the current violation of that
division. The court shall order the device to be impounded at a
safe indoor location designated by the court and may assess
storage fees of not more than five dollars per day, provided the
total storage, processing, and release fees
assessed against the
offender or the device in connection with
the
device's impoundment
or subsequent release shall not exceed fifty dollars. (ii) If the court does not issue an impoundment order
pursuant to division (Q)(1)(b)(i) of this section, issue an order
prohibiting the offender from operating any electric personal
assistive mobility device on the public streets, highways,
sidewalks, and paths and portions of roadways set aside for the
exclusive use of bicycles for not less than one day but not more
than thirty days. (2) Whoever violates division (D) of section 4511.512
of
the
Revised Code is guilty of a minor misdemeanor.
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 1901.41, 2903.08, 2929.01, 2929.13,
2929.21, 4511.99, and 4513.39 of the Revised Code are hereby repealed.
Section 3. That sections 2929.01, 2929.13, and 4511.19 of the
Revised Code that are scheduled to take effect on January 1, 2004, be amended to read as follows:
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. (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 a
felony 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
felony. (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) "Electronically monitored house
arrest" has the same
meaning as in section 2929.23 of the
Revised Code. (P) "Eligible offender" has the same
meaning as in section
2929.23 of the Revised Code
except as otherwise specified in
section 2929.20 of the
Revised Code. (Q) "Firearm" has the same meaning as
in section 2923.11 of
the Revised Code. (R) "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. (S) "House arrest" means a period of confinement of an
eligible offender that
is in the eligible offender's home or in
other premises specified by the
sentencing court or by the parole
board
pursuant to section 2967.28 of the Revised Code, that may be
electronically monitored house arrest, and during which all of
the
following apply: (1) The eligible offender is required to remain in the
eligible offender's
home or other specified premises
for the
specified period of confinement, except for periods of time
during
which the eligible offender is at the eligible offender's place of
employment or at other
premises as authorized by the sentencing
court or by the parole board. (2) The eligible offender is required
to report periodically
to a person designated by the
court or parole board. (3) The eligible offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or by the parole board. (T) "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. (U) "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. (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 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 a felony. (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 electronically
monitored house arrest 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,"
and "sexual 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
2957.28 of the Revised Code. (TT) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
Sec. 2929.13. (A) Except as provided in
division (E), (F),
or (G) of this section and unless a
specific sanction is required
to be imposed or is precluded from
being imposed pursuant to law,
a court that imposes a sentence
upon an offender for a felony may
impose any sanction or
combination of sanctions on the offender
that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on
state or local government resources. If the offender is eligible to be sentenced to community
control sanctions,
the court shall consider the
appropriateness of
imposing a financial sanction pursuant to
section 2929.18 of the
Revised Code or
a sanction of community service
pursuant to
section 2929.17 of the Revised Code
as the sole sanction for the
offense. Except as otherwise provided in this
division, if the
court is required
to impose a mandatory prison term for the
offense for which
sentence is being imposed, the court also may
impose a financial
sanction pursuant to section 2929.18 of the
Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code. If the offender is being sentenced for a fourth degree felony
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; (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. (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 pleaded guilty to
and has not been convicted of 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. (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 pleads guilty to or also is convicted of 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)(e)
of
section 4511.19 of the Revised Code
if the
offender has not pleaded guilty to and has not been convicted of 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 court shall not
sentence the
offender to
a
community control
sanction under
section 2929.16 or 2929.17 of
the Revised
Code.
The department of
rehabilitation and correction
may place an
offender
sentenced to a
mandatory prison term under
this division
in an intensive
program
prison established pursuant
to section
5120.033 of the Revised
Code if the department gave the
sentencing
judge prior notice of
its intent to
place the offender
in an
intensive program prison
established under that
section and
if the
judge did not notify the
department that the judge
disapproved the
placement. Upon the
establishment of the initial
intensive
program prison pursuant to
section 5120.033 of the
Revised Code
that is privately operated
and managed by a
contractor pursuant to
a contract entered into
under section
9.06
of the Revised Code,
both of the following
apply: (a) The department of rehabilitation and correction shall
make a
reasonable effort to ensure that a sufficient number of
offenders sentenced to
a mandatory prison term under this division
are placed in the privately
operated and managed prison so that
the privately operated and managed prison
has full occupancy. (b) Unless the privately operated and managed prison has
full
occupancy, the department of rehabilitation and correction
shall not place any
offender sentenced to a mandatory prison term
under this division in any
intensive program prison established
pursuant
to section 5120.033 of the Revised Code other
than the
privately operated and managed prison. (H) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, the judge
shall
require the offender to submit to a
DNA specimen collection
procedure pursuant to section 2901.07 of the
Revised Code
if
either of the following applies: (1) The offense was a sexually violent offense, and the
offender also was
convicted of or pleaded guilty to a sexually
violent predator specification
that was included in the
indictment,
count in the indictment, or information charging the
sexually violent offense. (2) The judge imposing sentence for the sexually oriented
offense
determines pursuant to division (B) of section 2950.09 of
the Revised
Code that the offender is a sexual predator. (I) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, the judge
shall
include in the sentence a summary of the
offender's duty to
register pursuant to section 2950.04 of the Revised Code,
the
offender's duty to provide notice of a change in residence address
and
register the new residence address pursuant to section 2950.05
of the Revised
Code, the offender's duty to periodically verify
the offender's current
residence address pursuant to section
2950.06 of the Revised Code, and the
duration of the duties. The
judge shall inform the offender, at the
time of sentencing, of
those duties and of their duration and, if required
under division
(A)(2) of section 2950.03 of
the Revised Code, shall perform the
duties specified in that
section. (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. 4511.19. (A) 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) The person is under the influence of alcohol, a drug
of
abuse, or
a
combination of
them; (2) The person has a concentration of ten-hundredths of
one
per cent or more
but less than seventeen-hundredths of one per
cent
by weight
per unit volume of alcohol in the person's
whole
blood; (3)
The person has a concentration of twelve-hundredths 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) The person has a concentration of ten-hundredths of
one
gram or more but less than seventeen-hundredths of one gram
by
weight of alcohol per two hundred ten liters
of the person's
breath; (5) The person has a concentration of fourteen-hundredths
of
one gram or more
but less than two hundred
thirty-eight-thousandths of one gram
by weight of alcohol per one
hundred
milliliters of the person's urine; (6) 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)
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) 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) The person has a concentration of two hundred
thirty-eight-thousandths of one gram or more by weight of alcohol
per one hundred milliliters of the person's urine. (B) No person under twenty-one years of age shall operate
any vehicle, streetcar, or trackless trolley within this state,
if,
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 ten-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 twelve-hundredths
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 ten-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
fourteen-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) 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 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) 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. (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)
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) to
(9) 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) 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 on probation 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 on
probation 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 probation 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 probation that it considers necessary. (ii)
If the sentence is being imposed for a violation of
division
(A)(6),
(7), (8), or (9) 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, as a condition of
probation,
to attend and satisfactorily complete any treatment or
education
programs that comply with the minimum standards adopted
pursuant to
Chapter 3793. of the Revised Code by the director of
alcohol and drug addiction services, in addition to the required
attendance at
drivers' intervention program, that the operators of
the drivers' intervention
program determine that
the offender
should attend and to report periodically to the court
on the
offender's progress in the programs. The court also may
impose
any other conditions of probation on the offender that it
considers necessary. (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) 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
electronically
monitored
house arrest. 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 electronically
monitored house arrest 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) 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
electronically
monitored
house arrest. 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 electronically
monitored house arrest 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) 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
electronically
monitored house arrest. The
court may impose a
jail term in addition to the
thirty-day
mandatory jail term.
Notwithstanding the terms of imprisonment
set
forth in Chapter
2929. 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) 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
electronically
monitored house arrest. The court may impose a
jail term in
addition to the sixty-day mandatory jail term.
Notwithstanding
the terms of imprisonment set forth in Chapter
2929. 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) 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 of imprisonment 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 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, 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, community residential sanction, or
nonresidential sanction is
authorized for the offense. (ii)
If the sentence is being imposed for a violation of
division
(A)(6), (7), (8), or (9) 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 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, 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, community residential
sanction, or
nonresidential sanction is authorized for the
offense. (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 electronically monitored house
arrest. 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) 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, community residential
sanction, or nonresidential
sanction is authorized for the
offense.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6), (7), (8), or (9) 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, community residential
sanction, or nonresidential
sanction is authorized for the
offense. (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 electronically monitored
house arrest, as defined in section 2929.23
of the Revised Code. 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
electronically
monitored house arrest. The cumulative total of
the five consecutive days in
jail and the period of electronically
monitored house arrest 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 electronically
monitored
house arrest. The
cumulative total of the ten consecutive days in
jail and the
period of electronically monitored house arrest 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 electronically
monitored house arrest. The
cumulative total of the fifteen
consecutive days in jail and the
period of electronically
monitored house arrest 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 electronically monitored house arrest.
The
cumulative total of the thirty consecutive days in jail and
the
period of electronically monitored house arrest 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 the court imposes as one of the conditions 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. (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) 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. (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. (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 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
the effective date
of
this amendment
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
the effective date of
this
amendment
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.
Section 4. That the existing versions of sections 2929.01,
2929.13, and 4511.19 of the Revised Code that are scheduled to take effect January 1, 2004, are
hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect on
January 1, 2004.
Section 6. The amendment by this act of section 4511.99 of the Revised Code has interim effect and does not supersede the earlier amendment, with delayed effective date of Am. Sub. S.B. 123 of the 124th General Assembly. Section 7. (A) Section 2929.13 of the Revised Code,
effective
until January 1, 2004, is
presented in
Section 1 of this
act as a composite of
the section as amended by
both Am. Sub.
H.B. 327 and Sub. H.B.
485 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
Section 1 of this act.
(B) Section 2929.13 of the Revised Code, effective
on
January 1, 2004, is
presented in Section 3 of
this act as a
composite of
the
section as amended by
Am. Sub. H.B. 327, Sub.
H.B.
485, 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
Section 3 of this act.
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