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Sub. H. B. No. 52As Passed by the SenateAs Passed by the Senate
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Hughes, Latta, Gilb, Grendell, DePiero, Seaver, Redfern, Young, Willamowski, D. Evans, Barrett, Brown, Buehrer, Carano, Carmichael, Chandler, Cirelli, DeGeeter, DeWine, Distel, Domenick, Driehaus, C. Evans, Flowers, Hagan, Hartnett, Husted, Jolivette, McGregor, Oelslager, Olman, Otterman, T. Patton, Perry, Reidelbach, Schaffer, Schlichter, Schmidt, Sferra, Skindell, D. Stewart, Walcher, Widener, Wilson, Wolpert, Woodard
SENATORS Goodman, Dann, Zurz, Austria, Robert Gardner, Harris, Miller
A BILL
To amend sections 2152.02, 2152.17, 2152.20, 2152.21, 2903.06, 2903.08, 2923.162, 2929.01, 2929.13, 2929.14, 2929.18, 2929.21, 2929.28, 4510.021, 4510.12, 4510.15, 4510.16, 4510.54, 4511.01, 4511.251,
4511.98, and
5501.27 and to enact sections 2903.081,
2941.1413, and 2941.1414 of the Revised Code to
expand the offenses
of aggravated vehicular
homicide, vehicular homicide, and vehicular
assault to also prohibit
causing death or serious physical
harm as a proximate
result of committing a reckless
operation or
speeding violation in a construction
zone when the victim is any person in the construction zone and notice of the prohibitions was posted; to
impose a five-year mandatory prison term for a
conviction of aggravated vehicular homicide and a peace officer
victim specification; to impose a three-year
mandatory prison term for a conviction of
aggravated vehicular homicide and a specification
of three or more OVI-related violations; to increase the penalty for discharging a firearm upon or over a public road or highway and link the amount of the increase to the injury caused, or risk of injury created, by the offense; to limit the use of restitution as a sanction for misdemeanor offenders and delinquent children and change the terminology used regarding the court's imposition of a restitution sanction; to revise the effect of a restitution sanction for a misdemeanor; to revise the definition of "economic loss" that applies to the Delinquent Child Law and the Criminal Sentencing Law; to eliminate the application of the overriding purposes of misdemeanor sentencing to certain misdemeanor offenses; to correct errors in and otherwise modify certain provisions that contain some of the Ohio Criminal Sentencing Commission's traffic law and misdemeanor sentencing law revisions; and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2152.02, 2152.17, 2152.20, 2152.21, 2903.06, 2903.08, 2923.162, 2929.01, 2929.13, 2929.14, 2929.18, 2929.21, 2929.28, 4510.021, 4510.12, 4510.15, 4510.16, 4510.54, 4511.01, 4511.251,
4511.98, and
5501.27 be amended and sections 2903.081, 2941.1413, and
2941.1414
of the Revised
Code be enacted to read as follows: Sec. 2152.02. As used in this chapter: (A) "Act charged" means the act that is identified in a
complaint,
indictment, or information alleging that a child is a
delinquent child. (B) "Admitted to a department of youth services facility"
includes admission to a facility operated, or contracted for, by
the
department and admission to a comparable facility outside
this
state by another state or the United States. (C)(1) "Child" means a person who is under eighteen years of
age,
except as otherwise provided in divisions (C)(2) to (6) of
this
section. (2) Subject to division (C)(3) of this section, any person
who
violates a federal or state law or a municipal ordinance prior
to
attaining eighteen years of age shall be deemed a "child"
irrespective of that person's age at the time the complaint with
respect to that violation is filed or the hearing on the complaint
is held. (3) Any person who, while under eighteen years of age,
commits an
act that would be a felony if committed by an adult and
who is not taken
into custody or apprehended for that act until
after the person attains
twenty-one years of age is not a child in
relation to that act. (4) Any person whose case is transferred for criminal
prosecution
pursuant to section 2152.12 of the Revised Code shall
be deemed
after the transfer not to be a child in the transferred
case. (5) Any person whose case is transferred for criminal
prosecution
pursuant to section 2152.12 of the Revised Code and
who
subsequently is convicted of or pleads guilty to a felony in
that case,
and any person who is
adjudicated a delinquent child
for the commission of an act, who has a serious
youthful offender
dispositional sentence imposed for the act pursuant to section
2152.13 of the Revised Code,
and whose adult portion of the
dispositional sentence is invoked pursuant to section 2152.14 of
the Revised Code,
shall
be deemed after the transfer or invocation
not to be a child in any case in
which a complaint is filed
against the person. (6) The juvenile court has jurisdiction over a person who is
adjudicated a delinquent child or juvenile traffic offender prior
to
attaining eighteen years of age until the person attains
twenty-one
years of age, and, for purposes of that jurisdiction
related to
that adjudication,
except as otherwise provided in this
division, a person who is so adjudicated a
delinquent
child or
juvenile traffic offender shall be deemed a
"child" until
the
person attains twenty-one years of age.
If a person is so
adjudicated a delinquent child or juvenile traffic offender and
the court makes a disposition of the person under this chapter, at
any time after the person attains eighteen years of age, the
places at which the person may be held under that disposition are
not limited to places authorized under this chapter solely for
confinement of children, and the person may be confined under that
disposition, in accordance with division (F)(2) of section 2152.26
of the Revised Code, in places other than those authorized under
this chapter solely for confinement of children. (D) "Chronic truant" means any child of compulsory school
age who
is absent without legitimate excuse for absence from the
public school the
child is supposed to attend for seven or more
consecutive school days, ten or
more school days in one school
month, or fifteen or more school days in a
school
year. (E) "Community corrections facility," "public safety beds,"
"release authority," and "supervised release" have the same
meanings as
in section 5139.01 of the Revised Code. (F) "Delinquent child" includes any of the following: (1) Any child, except a juvenile traffic offender, who
violates
any law of this state or the United States, or any
ordinance
of a
political subdivision of the state, that would be
an offense if committed
by an adult; (2) Any child who violates any lawful order of the court
made
under this chapter or under Chapter 2151. of the Revised
Code
other than an order issued under section 2151.87 of the Revised
Code; (3) Any child who violates division (A) of section 2923.211
of the Revised Code; (4) Any child who is a habitual truant and who previously
has been
adjudicated an unruly child for being a habitual truant; (5) Any child who is a chronic truant. (G) "Discretionary serious youthful
offender" means a person
who is eligible for a discretionary SYO
and who is not transferred
to adult court under a mandatory or
discretionary transfer. (H) "Discretionary SYO" means a case
in which the juvenile
court, in the juvenile court's discretion, may
impose a
serious
youthful offender disposition
under section 2152.13 of the Revised
Code. (I) "Discretionary transfer" means that the juvenile court
has
discretion to transfer a case for criminal prosecution under
division
(B) of section 2152.12 of the Revised Code. (J) "Drug abuse offense," "felony drug abuse offense," and
"minor
drug possession offense" have the same meanings as in
section 2925.01 of
the Revised Code. (K) "Electronic monitoring" and "electronic monitoring device" have the same meanings as in section 2929.01 of
the Revised Code. (L) "Economic loss" means any economic detriment suffered by
a
victim of a delinquent act or juvenile traffic offense as a direct and proximate result of the delinquent act or juvenile traffic offense and
includes any loss of income due to lost time at work because of
any injury caused to the victim and any property loss, medical
cost, or funeral expense incurred as a result of the delinquent
act or juvenile traffic offense. "Economic loss" does not include non-economic loss or any punitive or exemplary damages. (M) "Firearm" has the same meaning as in section 2923.11 of
the
Revised Code. (N) "Juvenile traffic offender" means any child who violates
any
traffic law, traffic ordinance, or traffic regulation of this
state, the
United States, or any political subdivision of this
state,
other than a resolution, ordinance, or regulation of a
political subdivision
of this state the violation of which is
required
to be handled by a parking violations bureau or a joint
parking
violations bureau pursuant to Chapter 4521. of the Revised
Code. (O) A "legitimate excuse for absence from the public school
the
child is supposed to attend" has the same meaning as in
section 2151.011 of the Revised Code. (P) "Mandatory serious
youthful offender" means a person who
is eligible for a mandatory
SYO and who is not transferred to
adult court
under a mandatory or discretionary transfer. (Q)
"Mandatory SYO" means a case in which the juvenile court
is
required to impose a mandatory serious youthful offender
disposition under
section 2152.13 of
the Revised Code. (R) "Mandatory transfer" means that a case is required to be
transferred for criminal prosecution under division (A) of section
2152.12 of the Revised Code. (S) "Mental illness" has the same meaning as in section
5122.01
of the Revised Code. (T) "Mentally retarded person" has the same meaning as in
section
5123.01 of the Revised Code. (U) "Monitored time" and "repeat violent offender" have the
same
meanings as in section 2929.01 of the Revised Code. (V) "Of compulsory school age" has the same meaning as in
section
3321.01 of the Revised Code. (W) "Public record" has the same meaning as in section
149.43 of
the Revised Code. (X) "Serious youthful
offender" means a person who is
eligible for a mandatory SYO or
discretionary SYO but who is not
transferred to adult court under
a mandatory or discretionary
transfer. (Y) "Sexually oriented offense,"
"habitual sex
offender,"
"juvenile offender registrant," "sexual
predator," "presumptive registration-exempt sexually oriented offense," "registration-exempt sexually oriented offense," "child-victim oriented offense," "habitual child-victim offender," and "child-victim predator" have the
same
meanings as in
section 2950.01 of
the Revised Code. (Z) "Traditional juvenile" means a case that is not
transferred to adult court under a mandatory or discretionary
transfer,
that is
eligible for
a disposition under
sections
2152.16, 2152.17,
2152.19, and 2152.20 of the Revised Code, and
that is not
eligible
for a disposition under
section 2152.13 of
the Revised
Code. (AA) "Transfer" means the transfer for criminal prosecution
of a
case involving the alleged commission by a child of an act
that
would be an offense if committed by an adult from the
juvenile
court to the appropriate court that has jurisdiction of
the
offense. (BB) "Category one offense" means any of the following: (1) A violation of section 2903.01 or 2903.02 of the Revised
Code; (2) A violation of section 2923.02 of the Revised Code
involving
an attempt to commit aggravated murder or murder. (CC) "Category two offense" means any of the following: (1) A violation of section 2903.03, 2905.01, 2907.02,
2909.02,
2911.01, or 2911.11 of the Revised Code; (2) A violation of section 2903.04 of the Revised Code
that
is a
felony of the first degree; (3) A violation of section 2907.12 of the Revised Code
as it
existed prior to September 3, 1996. (DD) "Non-economic loss" means nonpecuniary harm suffered by a victim of a delinquent act or juvenile traffic offense as a result of or related to the delinquent act or juvenile traffic offense, including, but not limited to, pain and suffering; loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education; mental anguish; and any other intangible loss.
Sec. 2152.17. (A) Subject to division (D) of this
section,
if a child is adjudicated a delinquent child
for committing
an
act, other than a violation of section 2923.12 of the Revised
Code, that would be a felony
if committed by an adult and if the
court determines that, if the child was an
adult, the child would
be guilty of a
specification of the type set forth in section
2941.141, 2941.144,
2941.145, 2941.146, or 2941.1412, 2941.1413, or 2941.1414 of the Revised Code, in
addition to
any commitment or other disposition the court imposes
for the underlying
delinquent act, all of the following apply: (1) If the court determines that the child would be guilty
of a
specification of the
type set forth in section 2941.141 of
the Revised Code,
the court may commit the child to the department
of youth services for the
specification for a definite period of
up to one
year. (2) If the court determines that the child would be guilty
of a
specification of the
type set forth in section 2941.145 of
the Revised Code or if the delinquent act is a violation of division (A)(1) or (2) of section 2903.06 of the Revised Code and the court determines that the child would be guilty of a specification of the type set forth in section 2941.1414 of the Revised Code, the court
shall
commit the child to the
department of youth services for the specification for
a definite
period of not less than one and not more than three
years, and the
court also shall commit the child to the department for the
underlying delinquent act under sections 2152.11 to 2152.16 of the
Revised Code. (3) If the court determines that the child would be guilty
of a
specification of the type set forth in section 2941.144,
2941.146, or 2941.1412 of
the Revised Code or if the delinquent act is a violation of division (A)(1) or (2) of section 2903.06 of the Revised Code and the court determines that the child would be guilty of a specification of the type set forth in section 2941.1413 of the Revised Code, the court shall commit the child to
the
department of youth services for the specification for a
definite
period of not less than one and not more than five years,
and the court also
shall commit the
child to the department for
the underlying delinquent act under
sections 2152.11 to 2152.16 of
the Revised Code.
(B) Division (A) of this section also applies to a child
who
is
an accomplice
to the same extent the firearm specifications
would apply to an adult
accomplice in a criminal proceeding. (C) If a child is adjudicated a delinquent child for
committing
an act that would be aggravated murder, murder, or a
first, second, or third
degree felony offense of
violence if
committed by an adult and if the court
determines that, if the
child was an adult, the child would be
guilty of a specification
of the type set forth in section
2941.142 of the Revised Code in
relation to the act for which the
child was adjudicated a
delinquent child, the court shall commit
the child for the
specification to the legal custody of the
department of youth
services for institutionalization in a secure
facility for a
definite period of not less than one and not more than three
years, subject to division
(D)(2) of this section, and the
court
also
shall commit the child to the department for the underlying
delinquent act. (D)(1) If the child is adjudicated a
delinquent child for
committing an act that would be an offense of
violence that is a
felony if committed by an adult and is
committed to the legal
custody of the department of youth services
pursuant to division
(A)(1) of
section
2152.16 of the Revised Code
and
if
the court
determines
that the child, if the child was an
adult, would be
guilty of a
specification of the type set forth in
section
2941.1411 of the
Revised Code in relation to the act for
which the
child was
adjudicated a delinquent child, the court may
commit the
child to
the custody of the department of youth
services for
institutionalization in a secure facility for
up to
two
years,
subject
to
division
(D)(2) of this section. (2) A court that imposes a period of commitment under
division
(A) of this section is not
precluded from imposing
an
additional period of commitment under division
(C) or
(D)(1)
of
this section, a
court that imposes a
period of
commitment under
division
(C) of this
section is
not
precluded from imposing
an
additional period of commitment under
division (A) or
(D)(1)
of
this
section, and a court that
imposes a period of commitment
under division
(D)(1) of
this
section is not precluded from
imposing an additional period
of commitment
under division
(A) or
(C) of
this section. (E) The court shall not commit a child to the legal custody
of
the department of youth services for
a specification
pursuant
to
this section for a period that
exceeds five years
for
any
one
delinquent act. Any
commitment imposed pursuant to
division (A),
(B), (C), or
(D)(1) of this
section shall be in addition to,
and
shall be
served consecutively with and
prior to, a period of
commitment
ordered under this chapter for the underlying
delinquent act, and
each commitment imposed
pursuant to division
(A), (B), (C), or
(D)(1) of
this
section shall be in
addition
to,
and
shall be
served
consecutively with, any other period of
commitment
imposed
under
those
divisions. If a commitment is
imposed under
division
(A) or
(B) of this section and a commitment
also is
imposed under
division
(C) of
this section, the period
imposed
under division
(A) or (B)
of this section
shall be served
prior to
the period
imposed under division (C) of
this section. In each case in which a court makes a disposition under this
section, the court retains control over the commitment for the
entire period of the commitment. The total of all the periods of commitment imposed for any
specification under this section and for the underlying offense
shall not exceed the child's attainment of twenty-one years
of
age. (F) If a child is adjudicated a delinquent child for
committing
two or more acts that would be felonies if committed by
an adult and if the
court entering the delinquent child
adjudication
orders the commitment of the child for two or more of
those acts
to the legal custody of the department of youth
services for
institutionalization in a secure facility pursuant to
section
2152.13 or 2152.16
of the Revised Code, the court may
order that all of the periods of commitment imposed under those
sections for those acts be served consecutively in the legal
custody of the
department of youth services, provided that those
periods of commitment shall
be in addition to and
commence
immediately following the expiration of a period of commitment
that the court
imposes pursuant to division (A), (B), (C), or
(D)(1) of
this section. A court shall not commit a delinquent
child to
the
legal
custody of the department of youth services
under this
division for a period that exceeds the child's
attainment of
twenty-one
years of age. (G) If a child is adjudicated a delinquent child for
committing
an act that if committed by an adult would be
aggravated murder, murder, rape,
felonious sexual penetration in
violation of
former section 2907.12 of the Revised Code,
involuntary
manslaughter, a felony of the first or second degree
resulting in
the death of or physical harm to a person, complicity
in or an
attempt to commit any of those offenses, or an offense
under an
existing or former law of this state that is or was
substantially
equivalent to any of those offenses and if the court
in its order of
disposition for that act commits the child to the
custody of the department of
youth services, the adjudication
shall be considered a conviction for purposes of a future
determination
pursuant to Chapter 2929. of the Revised Code as to
whether the child, as an adult, is a repeat violent offender.
Sec. 2152.20. (A) If a child is adjudicated a delinquent
child
or a juvenile traffic offender, the court may order any of
the
following dispositions, in addition to any other disposition
authorized or required by this chapter: (1) Impose a fine in accordance with the following schedule: (a) For an act that would be a minor misdemeanor or an
unclassified misdemeanor if committed by an adult, a fine not to
exceed
fifty dollars; (b) For an act that would be a misdemeanor of the fourth
degree
if committed by an adult, a fine not to exceed one hundred
dollars; (c) For an act that would be a misdemeanor of the third
degree if
committed by an adult, a fine not to exceed one hundred
fifty
dollars; (d) For an act that would be a misdemeanor of the second
degree
if committed by an adult, a fine not to exceed two hundred
dollars; (e) For an act that would be a misdemeanor of the first
degree if
committed by an adult, a fine not to exceed two hundred
fifty
dollars; (f) For an act that would be a felony of the fifth degree or
an
unclassified felony if committed by an adult, a fine not to
exceed three
hundred dollars; (g) For an act that would be a felony of the fourth degree
if
committed by an adult, a fine not to exceed four hundred
dollars; (h) For an act that would be a felony of the third degree if
committed by an adult, a fine not to exceed seven hundred fifty
dollars; (i) For an act that would be a felony of the second degree
if
committed by an adult, a fine not to exceed one thousand
dollars; (j) For an act that would be a felony of the first degree if
committed by an adult, a fine not to exceed one thousand five
hundred
dollars; (k) For an act that would be aggravated murder or murder if
committed by an adult, a fine not to exceed two thousand dollars. (2) Require the child to pay costs; (3) Require Unless the child's delinquent act or juvenile traffic offense would be a minor misdemeanor if committed by an adult or could be disposed of by the juvenile traffic violations bureau serving the court under Traffic Rule 13.1 if the court has established a juvenile traffic violations bureau, require the child to make restitution to the victim of
the
child's delinquent act or juvenile traffic offense or, if the victim is deceased, to a
survivor of
the victim in an amount based upon the victim's
economic loss caused by
or related to the delinquent act or juvenile traffic offense.
Restitution required The court may not require a child to make restitution pursuant to this division if the child's delinquent act or juvenile traffic offense would be a minor misdemeanor if committed by an adult or could be disposed of by the juvenile traffic violations bureau serving the court under Traffic Rule 13.1 if the court has established a juvenile traffic violations bureau. If the court requires restitution under this
division, the restitution shall be made directly to
the victim in open court or to
the probation department that
serves the jurisdiction or the clerk
of courts on behalf of the
victim. The restitution may include
reimbursement to third
parties, other than the delinquent child's insurer, for amounts
paid to the victim or to any survivor of the
victim for economic
loss resulting from the delinquent act. If
reimbursement to a
third party is required, the reimbursement
shall be made to any
governmental agency to repay any amounts the
agency paid to the
victim or any survivor of the victim before any
reimbursement is
made to any other person. Restitution required If the court requires restitution under this division, the restitution may be in the form
of a
cash reimbursement paid in a lump sum or in installments, the
performance of repair work to restore any damaged property to its
original condition, the performance of a reasonable amount of
labor for the victim or survivor of the victim, the performance of
community service work, any other form of restitution devised by
the court, or any combination of the previously described forms of
restitution.
The If the court requires restitution under this division, the court may base the restitution order under this division
on an
amount recommended by the victim or survivor of the victim,
the
delinquent child, the juvenile traffic offender, a presentence investigation report,
estimates or
receipts indicating the cost of repairing or
replacing property, and any
other information, provided that the amount the court orders as restitution shall not exceed the amount of the economic loss suffered by the victim as a direct and proximate result of the delinquent act or juvenile traffic offense. If the court decides to order restitution under this division and the amount of
the restitution is disputed
by the victim or survivor or by the
delinquent child or juvenile traffic offender, the court
shall hold a hearing on the
restitution. The If the court requires restitution under this division, the court shall
determine, or order the
determination of, the amount of
restitution to be paid by the
delinquent child or juvenile traffic offender. All restitution
payments shall be credited
against any recovery of economic loss
in a civil action brought by
or on behalf of the victim against
the delinquent child or juvenile traffic offender or the
delinquent child's or juvenile traffic offender's parent, guardian,
or other custodian.
The If the court requires restitution under this division, the court may order that the delinquent child or juvenile traffic offender pay a
surcharge, in
an amount not exceeding five per cent of the amount
of restitution
otherwise ordered under this division, to the
entity responsible for
collecting and processing the restitution
payments.
The victim or the survivor of the victim may request that the
prosecuting authority file a motion, or the delinquent child or juvenile traffic offender may
file a
motion, for modification of the payment terms of any
restitution ordered
under this division.
If the court
grants the motion, it may modify the payment terms as it
determines appropriate. (4) Require the child to reimburse any or all of the costs
incurred for services or sanctions provided or imposed, including,
but
not limited to, the following: (a) All or part of the costs of implementing any community
control imposed as a disposition under section 2152.19 of the
Revised Code, including a
supervision fee; (b) All or part of the costs of confinement in a residential
facility described in section 2152.19 of the Revised Code or in a
department of youth services institution, including, but not
limited to, a per
diem fee for room and board, the costs of
medical and
dental treatment provided, and the costs of repairing
property the
delinquent child damaged while so confined. The
amount of
reimbursement ordered for a child under this division
shall not
exceed the total amount of
reimbursement the child is
able to pay as determined at a hearing and shall
not exceed the
actual cost of the confinement. The court may collect any
reimbursement ordered under this division. If the court
does not
order reimbursement under this division, confinement
costs may be
assessed pursuant to a repayment policy adopted under
section
2929.37 of the Revised Code and
division
(D)
of section 307.93,
division
(A) of section
341.19, division
(C) of
section
341.23
or
753.16, or
division
(B) of
section
341.14, 753.02,
753.04,
2301.56,
or
2947.19 of the
Revised Code. (B)(1) If a child is adjudicated a delinquent child for
violating
section 2923.32 of the Revised Code, the court shall
enter an
order of criminal forfeiture against the child in
accordance with
divisions (B)(3), (4), (5), and (6) and (C) to (F)
of section
2923.32 of the Revised Code. (2) Sections 2925.41 to 2925.45 of the Revised Code
apply to
children who are adjudicated or could be adjudicated by a juvenile
court to be delinquent children for an act that, if committed by
an adult,
would be a felony drug abuse offense. Subject to
division (B) of
section 2925.42 and division (E) of section
2925.43 of the
Revised Code, a
delinquent child of that nature
loses any right to the possession of, and
forfeits to the state
any right, title, and interest that the delinquent child
may have
in, property as defined in section 2925.41 of the Revised Code and
further described in section 2925.42 or 2925.43 of the Revised
Code. (3) Sections 2923.44 to 2923.47 of the Revised Code
apply to
children who are adjudicated or could be adjudicated by a juvenile
court to be delinquent children for an act in violation of section
2923.42 of
the Revised Code. Subject to division (B) of
section
2923.44 and division (E) of section 2923.45 of the
Revised Code, a
delinquent child of that nature loses any right to
the possession
of, and forfeits to the state any right, title, and interest
that
the
delinquent child may have in, property as defined in section
2923.41 of the Revised Code and
further described in section
2923.44
or 2923.45 of the Revised Code. (C) The court may hold a hearing if necessary to determine
whether a child is able to pay a sanction under this section. (D) If a child who is adjudicated a delinquent child is
indigent,
the court shall consider imposing a term of community
service under
division (A) of section 2152.19 of the Revised Code
in
lieu of imposing a financial sanction under this section. If a
child who is
adjudicated a delinquent child is not indigent, the
court may impose a term of
community service under that division
in lieu of, or in addition
to, imposing a financial sanction under
this section. The court
may order community service for an act
that if committed by an
adult would be a minor misdemeanor. If a child fails to pay a financial sanction imposed under
this
section, the court may impose a term of community service in
lieu of the
sanction. (E) The clerk of the court, or another person authorized by
law
or by the court to collect a financial sanction imposed under
this
section, may do any of the following: (1) Enter into contracts with one or more public agencies or
private vendors for the collection of the amounts due under the
financial sanction, which amounts may include interest from the
date of
imposition of the financial sanction; (2) Permit payment of all, or any portion of, the financial
sanction in installments, by credit or debit card, by another type
of
electronic transfer, or by any other reasonable method, within
any
period of time, and on any terms that the court considers
just,
except that the maximum time permitted for payment shall not
exceed five years. The clerk may pay any fee associated with
processing an electronic transfer out of public money and may
charge the fee
to
the delinquent child. (3) To defray administrative costs, charge a reasonable fee
to a
child who elects a payment plan rather than a lump sum
payment of a
financial sanction.
Sec. 2152.21. (A) Unless division (C) of this
section
applies, if a child is adjudicated a juvenile traffic offender,
the court may make any of the following orders of disposition: (1) Impose costs and one or more financial sanctions
in
accordance with section
2152.20 of the Revised Code; (2)
Suspend the child's
driver's license, probationary
driver's license, or temporary
instruction
permit
for a definite
period not exceeding two years or
suspend the
registration of
all
motor vehicles registered in the name of
the
child for a
definite
period not exceeding two years.
A child
whose
license
or permit
is so suspended is ineligible for issuance
of a license
or
permit
during the period of suspension. At the
end of the
period of
suspension, the child shall not be reissued a
license or
permit
until the
child
has paid any applicable
reinstatement fee
and
complied with all requirements
governing
license
reinstatement. (3) Place the child on community control; (4) Require If the child is adjudicated a juvenile traffic offender for an act other than an act that would be a minor misdemeanor if committed by an adult and other than an act that could be disposed of by the juvenile traffic violations bureau serving the court under Traffic Rule 13.1 if the court has established a juvenile traffic violations bureau, require the child to make restitution for all damages caused by the child's traffic violation pursuant to division (A)(3) of section 2152.20 of the Revised Code; (5)(a) If the child is adjudicated a juvenile traffic
offender for committing a violation of division (A) of
section
4511.19 of the Revised Code or of a municipal ordinance
that is
substantially equivalent to that division,
commit the
child, for
not longer than five days, to either of the following: (i)
The temporary custody of
a detention facility or
district detention
facility established under
section 2152.41 of
the Revised Code; (ii)
The temporary
custody
of any school, camp,
institution,
or other facility for children
operated in whole or
in part for
the care of juvenile
traffic offenders of that nature
by the
county, by a district organized
under section 2152.41 or
2151.65 or 2152.41
of the Revised Code,
or by a private
agency or
organization within
the state that is authorized and
qualified to
provide the care,
treatment, or placement required.
(b) If an order
of disposition committing a child to the
temporary custody of a home, school,
camp, institution, or other
facility of that nature is
made under division (A)(5)(a) of this
section, the length
of the commitment shall
not be reduced or
diminished as a credit for any time that the child
was held in a
place of detention or shelter care, or otherwise
was detained,
prior to entry of the order of disposition. (6) If, after making a disposition under divisions (A)(1)
to
(5) of this section, the court finds upon further
hearing that
the
child has failed to comply with the orders of the court and
the
child's operation of a motor vehicle constitutes the
child a
danger to
the child and to others, the court may make any
disposition
authorized by divisions (A)(1),
(4),
(5), and
(8) of
section 2152.19 of the Revised Code, except that the
child may
not
be committed to or placed in a secure correctional
facility
unless authorized
by division (A)(5) of this section, and
commitment to or
placement in
a detention facility may not exceed
twenty-four hours. (B) If a child is adjudicated a juvenile traffic offender
for violating division (A) or (B) of section
4511.19 of the
Revised Code, in addition to any order of disposition made
under
division (A) of this section, the court shall
impose a
class six
suspension of the
temporary instruction permit,
probationary
driver's
license, or
driver's license
issued to the
child
from
the
range specified in division (A)(6) of section 4510.02 of the
Revised Code. The court, in its discretion, may terminate the
suspension if the
child attends and
satisfactorily completes a
drug abuse or alcohol abuse
education,
intervention, or treatment
program specified by the court. During
the time the child is
attending
a program
as described in this division, the court
shall
retain
the child's
temporary instruction permit,
probationary driver's
license, or driver's license issued, and
the
court shall return
the
permit or
license
if it terminates the
suspension as described in this division. (C) If a child is adjudicated a juvenile traffic offender
for violating division (B)(1)
of section 4513.263 of
the
Revised
Code, the court shall impose the appropriate fine set
forth in
division (G) of that section.
If a child is
adjudicated a
juvenile
traffic offender for
violating
division
(B)(3) of section
4513.263
of the Revised Code
and if
the child is
sixteen years of
age or
older, the court shall
impose
the fine set
forth in
division
(G)(2) of
that section. If
a child is adjudicated a
juvenile
traffic
offender for violating
division (B)(3) of section
4513.263
of the Revised Code and if the
child is under sixteen
years of
age,
the court shall not impose a
fine but may place the
child on
probation or community control. (D) A juvenile traffic offender is subject to sections
4509.01 to 4509.78 of the Revised Code.
Sec. 2903.06. (A) No person, while operating or
participating in the operation of a motor vehicle, motorcycle,
snowmobile, locomotive, watercraft, or aircraft, shall
cause the
death of another or the unlawful termination of another's
pregnancy
in any of the following ways: (1)(a) As the proximate result of committing a violation of
division
(A) of section 4511.19 of the Revised Code or of a
substantially
equivalent municipal ordinance;
(b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance. (2) In one of the following ways: (b) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender's commission of the reckless operation offense in the construction zone and does not apply as described in division (F) of this section. (3) In one of the following ways: (b) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender's commission of the speeding offense in the construction zone and does not apply as described in division (F) of this section. (4) As the proximate result of committing a violation of any
provision of any section contained in Title XLV of the Revised
Code that is
a minor misdemeanor or of a municipal ordinance that,
regardless of the
penalty
set by ordinance for the violation, is
substantially equivalent to any
provision of any section contained
in Title XLV of the Revised Code that is
a minor
misdemeanor. (B)(1) Whoever violates division (A)(1) or (2) of
this
section is guilty of aggravated
vehicular homicide and shall be
punished as provided in
divisions (B)(2) and (3) of this
section. (2)(a) Except as otherwise provided in this division,
aggravated
vehicular homicide committed in violation of division
(A)(1) of this
section is a felony of the second degree.
Aggravated vehicular homicide committed in violation of division
(A)(1) of this section is a
felony of the first degree if any of the following apply: (i) 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. (ii) The offender previously has been convicted of
or
pleaded guilty
to a violation of this section. (iii) The offender previously has been convicted of or pleaded guilty to any
traffic-related
homicide, manslaughter, or
assault
offense. (iv) The offender previously has been convicted of or pleaded guilty to
three or more
prior violations
of section 4511.19 of the Revised Code or
of a
substantially
equivalent municipal ordinance within the previous
six
years.
(v) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(vi) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(vii) The offender previously has been convicted of or pleaded guilty to three or more violations of any combination of the offenses listed in division (B)(2)(a)(iv), (v), or (vi) of this section. (viii) The offender previously has been convicted of or pleaded guilty to a
second or subsequent felony violation of
division
(A) of section
4511.19 of the Revised Code.
(b) In addition to any other sanctions imposed pursuant to division (B)(2)(a) of this section for aggravated vehicular homicide committed in violation of division (A)(1) of this section, the court shall
impose upon the offender a class one
suspension
of the offender's
driver's license, commercial driver's
license,
temporary
instruction permit, probationary license, or nonresident
operating
privilege
as specified in division (A)(1) of
section
4510.02 of
the Revised Code. (3) Except as otherwise provided in this division,
aggravated
vehicular homicide committed in violation of division
(A)(2) of
this section is a felony of the third degree.
Aggravated
vehicular homicide
committed in violation
of division
(A)(2) of
this section 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
or any traffic-related
homicide, manslaughter, or
assault
offense. In addition to any other sanctions imposed pursuant to this division for a violation of division (A)(2) of this section, the court shall
impose upon the offender 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 section
4510.02 of the Revised Code. (C) Whoever violates division (A)(3) of this section is
guilty of
vehicular homicide. Except as otherwise provided in
this division,
vehicular homicide is a misdemeanor of the first
degree.
Vehicular homicide committed in violation of division (A)(3) of this section is a felony of the fourth degree if,
at the
time of the offense, the offender was driving under a
suspension
or revocation imposed under Chapter 4507. 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. In addition to any other sanctions imposed pursuant to this division, the court shall
impose upon the offender a class four suspension of the
offender's
driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating
privilege
from the
range specified in division (A)(4) of section
4510.02 of the Revised Code
or, if the offender previously
has
been convicted of or pleaded
guilty to a violation of this
section
or any traffic-related
homicide, manslaughter, or assault
offense,
a
class three
suspension of the offender's driver's license,
commercial driver's license,
temporary instruction permit,
probationary license, or nonresident operating
privilege from the
range specified in division (A)(3) of
that section. (D) Whoever violates division (A)(4) of this section is
guilty of
vehicular manslaughter. Except as otherwise provided in
this division,
vehicular manslaughter is a misdemeanor of the
second
degree. Vehicular manslaughter is a misdemeanor of the
first
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. In addition to any other sanctions imposed pursuant to this division, the court shall
impose upon the offender 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
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 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
that section. (E) 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 jail term of at least fifteen days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (A)(3)(b) of this section and may impose upon the offender a longer jail term as authorized pursuant to section 2929.24 of the Revised Code. 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) or (3)(a) of this section or a felony violation of division (A)(3)(b) 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
2903.08 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. (F) Divisions (A)(2)(b) and (3)(b) of this section do not apply in a particular construction zone unless signs of the type described in section 2903.081 of the Revised Code are erected in that construction zone in accordance with the guidelines and design specifications established by the director of transportation under section 5501.27 of the Revised Code. The failure to erect signs of the type described in section 2903.081 of the Revised Code in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (A)(1), (A)(2)(a), (A)(3)(a), or (A)(4) of this section in that construction zone or the prosecution of any person who violates any of those divisions in that construction zone. (G)(1) As used in this section: (a)
"Mandatory prison term" has and "mandatory jail term" have the same
meaning meanings as in
section 2929.01 of the Revised Code. (b)
"Traffic-related homicide,
manslaughter, or assault
offense"
means a violation of section 2903.04 of the Revised Code
in
circumstances in which division (D) of that section applies, a
violation of section 2903.06 or 2903.08 of the Revised Code, or a
violation of section 2903.06, 2903.07, or 2903.08 of the Revised
Code as they
existed prior
to
March
23,
2000. (c) "Construction zone" has the same meaning as in section
5501.27 of the Revised Code.
(d) "Reckless operation offense" means a
violation of section 4511.20 of the Revised Code or a
municipal ordinance substantially equivalent to section 4511.20 of
the Revised Code.
(e) "Speeding offense" means a violation of section 4511.21 of the Revised Code or a municipal ordinance pertaining to speed. (2) 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. 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 any of the following ways: (1)(a) As the proximate result of committing a violation of
division
(A) of section 4511.19 of the Revised Code or of a
substantially
equivalent municipal ordinance;
(b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance. (2) In one of the following ways:
(a) As the proximate result of committing, while operating or
participating in the operation of a motor vehicle or motorcycle in
a construction zone, a reckless operation offense,
provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is
in the construction zone at the time of the offender's commission
of the reckless operation offense in the construction
zone and does not apply as described in division (E) of this section;
(3) As the proximate result of committing, while operating or
participating in the operation of a motor vehicle or motorcycle in
a construction zone, a speeding offense,
provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is
in the construction zone at the time of the offender's commission
of the speeding offense in the construction
zone and does not apply as described in division (E) of this section. (B)(1) Whoever violates division (A)(1) of this
section is
guilty of aggravated
vehicular assault. Except as otherwise
provided in this
division, aggravated vehicular assault is a
felony of the
third degree.
Aggravated vehicular assault is a
felony of the second degree if any of the following apply: (a) At the time of the offense, the offender was driving under a suspension
imposed under Chapter
4510. or any other provision of
the Revised Code. (b) The offender previously has been convicted of or
pleaded guilty to a
violation of this
section. (c) The offender previously has been convicted of or pleaded guilty to
any traffic-related homicide,
manslaughter, or assault offense. (d) The offender previously has been convicted of or pleaded guilty to
three or more prior violations of
section 4511.19 of the Revised Code or a
substantially equivalent
municipal ordinance within the previous
six years. (e) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(f) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(g) The offender previously has been convicted of or pleaded guilty to three or more prior violations of any combination of the offenses listed in division (B)(1)(d), (e), or (f) of this section.
(h) The offender previously has been convicted of or pleaded guilty to a second or
subsequent felony violation of division (A)
of section 4511.19 of
the Revised Code. (2) In addition to any other sanctions imposed pursuant to division (B)(1) of this section, the court shall
impose upon the offender a class three suspension of the
offender's driver's license,
commercial driver's license,
temporary instruction permit, probationary
license, or nonresident
operating privilege
from the range
specified in division (A)(3)
of section
4510.02 of the Revised Code or,
if the offender
previously
has been convicted of or pleaded guilty to a violation
of this
section or any traffic-related homicide, manslaughter, or
assault
offense,
a class two suspension of the offender's
driver's license,
commercial
driver's license, temporary
instruction permit,
probationary license, or
nonresident operating
privilege from the
range specified in division
(A)(2) of that
section. (C)(1) Whoever violates division (A)(2) or (3) of this section is
guilty of
vehicular assault and shall be punished as provided in divisions (C)(2) and (3) of this section. Except (2) Except as otherwise provided in this
division, vehicular
assault committed in violation of division (A)(2) of this section is a felony of the fourth degree.
Vehicular assault committed in violation of division (A)(2) of this section 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.
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.
(3) Except as otherwise provided in this division, vehicular assault committed in violation of division (A)(3) of this section is a misdemeanor of the first degree. Vehicular assault committed in violation of division (A)(3) of this section is a felony of the fourth 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. 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 section 4510.02 of the Revised Code. (D)(1) 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 (2) 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 or a felony violation of division (A)(3) of this section if either
of the
following applies: (1)(a) 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)(b) At the time of the offense, the
offender was driving
under suspension under Chapter
4510. or any other provision
of
the
Revised Code.
(3) The court shall impose a mandatory jail term of at least seven days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (A)(3) of this section and may impose upon the offender a longer jail term as authorized pursuant to section 2929.24 of the Revised Code. (E) Divisions (A)(2)(a) and (3) of this section do not apply in a particular construction zone unless signs of the type described in section 2903.081 of the Revised Code are erected in that construction zone in accordance with the guidelines and design specifications established by the director of transportation under section 5501.27 of the Revised Code. The failure to erect signs of the type described in section 2903.081 of the Revised Code in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (A)(1) or (2)(b) of this section in that construction zone or the prosecution of any person who violates either of those divisions in that construction zone. (F) As used in this section: (1)
"Mandatory prison term" has and "mandatory jail term" have the same
meaning meanings 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. (3) "Construction zone" has the same meaning as in section
5501.27 of the Revised Code. (4) "Reckless operation offense" and "speeding offense" have the same
meanings as in section 2903.06 of the Revised Code. (F)(G) 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. 2903.081. (A) As used in this section:
(1) "Construction zone" has the same meaning as in section 5501.27 of the Revised Code.
(2) "Reckless operation offense" and "speeding offense" have the same meanings as in section 2903.06 of the Revised Code.
(B) The director of transportation, board of county commissioners, or board of township trustees shall cause signs to be erected in construction zones notifying motorists of the prohibitions set forth in sections 2903.06 and 2903.08 of the Revised Code regarding the death of or injury to any person in the construction zone as a proximate result of a reckless operation offense or speeding offense in the construction zone. The prohibitions set forth in divisions (A)(2)(b) and (3)(b) of section 2903.06 and divisions (A)(2)(a) and (3) of section 2903.08 of the Revised Code apply to persons who commit a reckless operation offense or speeding offense in a particular construction zone only when signs of that nature are erected in that construction zone in accordance with the guidelines and design specifications established by the director under section 5501.27 of the Revised Code. The failure to erect signs of that nature in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (A)(1), (A)(2)(a), (A)(3)(a), or (A)(4) of section 2903.06 or division (A)(1) or (2)(b) of section 2903.08 of the Revised Code in that construction zone or the prosecution of any person who violates either of those divisions in that construction zone.
Sec. 2923.162. (A) No person shall do any of the following: (1) Without permission from the proper officials and subject to division
(B)(1) of this section, discharge a firearm upon or over a cemetery
or within one hundred yards of a cemetery; (2) Subject to division (B)(2) of this section, discharge a
firearm on a lawn, park, pleasure ground, orchard, or other ground appurtenant
to a schoolhouse, church, or inhabited dwelling, the property of another, or a
charitable institution; (3) Discharge a firearm upon or over a public road or highway. (B)(1) Division (A)(1) of this section does not apply to
a person who, while on the person's own land, discharges a firearm. (2) Division (A)(2) of this section does not apply to a person
who owns any type of property described in that division and who, while on the
person's own enclosure, discharges a firearm. (C) Whoever violates this section is guilty of discharge of a
firearm on or near prohibited premises. A violation of division
(A)(1) or (2) of this section is a misdemeanor of the fourth degree.
A violation of division (A)(3) of this section shall be punished as follows:
(1) Except as otherwise provided in division (C)(2), (3), or (4) of this section, a violation of division (A)(3) of this section is a misdemeanor of
the first degree.
(2) Except as otherwise provided in division (C)(3) or (4) of this section, if the violation created a substantial risk of physical harm to any person or caused serious physical harm to property, a violation of division (A)(3) of this section is a felony of the third degree.
(3) Except as otherwise provided in division (C)(4) of this section, if the violation caused physical harm to any person, a violation of division (A)(3) of this section is a felony of the second degree.
(4) If the violation caused serious physical harm to any person, a violation of division (A)(3) of this section is a felony of the first degree.
Sec. 2929.01. As used in this chapter: (A)(1) "Alternative residential facility" means, subject to
division (A)(2)
of this section, any facility other than an
offender's home
or residence in which an offender is assigned to
live
and that satisfies all of the following criteria: (a) It provides programs through which the offender may seek
or maintain
employment or may receive education, training,
treatment, or
habilitation. (b) It has received the appropriate license or certificate
for any
specialized education, training, treatment, habilitation,
or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education,
training, treatment, habilitation, or service. (2) "Alternative residential facility" does
not include a
community-based correctional facility, jail,
halfway house, or
prison. (B) "Bad time" means the time by which the parole board
administratively extends an offender's stated prison term or terms
pursuant to
section 2967.11 of the Revised Code because the parole
board
finds by clear and convincing evidence that the
offender,
while serving the prison term or terms, committed an
act that is a
criminal offense under the law of this state or the
United States,
whether or not the offender is prosecuted for
the commission of
that act. (C) "Basic probation supervision" means a
requirement that
the offender maintain contact with a person
appointed
to supervise
the offender in accordance
with sanctions imposed by the court or
imposed by the parole board pursuant to
section 2967.28 of the
Revised Code. "Basic probation supervision"
includes basic parole
supervision and basic post-release control
supervision. (D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the
same meanings as in section 2925.01 of the
Revised Code. (E) "Community-based correctional
facility" means a
community-based correctional facility and
program or district
community-based correctional facility and
program developed
pursuant to sections 2301.51 to 2301.56 of the
Revised Code. (F) "Community control sanction"
means a sanction that is
not a prison term and that is described
in section 2929.15,
2929.16, 2929.17, or 2929.18 of the Revised
Code
or a sanction
that is not a jail term and that is described in
section 2929.26,
2929.27, or 2929.28 of the Revised Code.
"Community control
sanction" includes probation if the sentence involved was
imposed
for a felony that was committed prior to July 1, 1996, or if
the
sentence involved was imposed for a misdemeanor that was committed
prior
to January 1, 2004. (G) "Controlled substance," "marihuana," "schedule I,"
and
"schedule II" have the same meanings as in section 3719.01 of the
Revised
Code. (H) "Curfew" means a requirement that
an offender during a
specified period of time be at a designated
place. (I) "Day reporting" means a sanction
pursuant to which an
offender is required each day to report to
and leave a center or
other approved reporting location at
specified times in order to
participate in work, education or
training, treatment, and other
approved programs at the center or
outside the center. (J) "Deadly weapon" has the same
meaning as in section
2923.11 of the Revised
Code. (K) "Drug and alcohol use monitoring"
means a program under
which an offender agrees to submit to
random chemical analysis of
the offender's blood, breath, or urine to
determine whether the
offender has ingested any alcohol or other
drugs. (L) "Drug treatment program" means
any program under which a
person undergoes assessment and treatment designed
to
reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and
treatment on an outpatient basis or may be required to
reside at a
facility other than the person's home or residence while
undergoing assessment and treatment. (M) "Economic loss" means any
economic detriment suffered by
a victim as a direct and proximate result of the commission of an offense and includes
any loss
of income due to lost
time at work because of any injury
caused to the victim, and any
property loss, medical cost, or
funeral expense incurred as a
result of the commission of the
offense. "Economic loss" does not include non-economic loss or any punitive or exemplary damages. (N) "Education or training" includes
study at, or in
conjunction with a program offered by, a
university, college, or
technical college or vocational study and
also includes the
completion of primary school, secondary school,
and literacy
curricula or their equivalent. (O)
"Firearm" has the same meaning as
in section 2923.11 of
the Revised Code. (P) "Halfway house" means a facility
licensed by the
division of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the
Revised Code as a suitable
facility for the care and treatment of
adult offenders. (Q) "House arrest" means a period of confinement of an
offender that
is in the
offender's home or in
other premises specified by the
sentencing court or by the parole
board
pursuant to section 2967.28 of the Revised Code and during which all of
the
following apply: (1) The
offender is required to remain in the
offender's
home or other specified premises
for the
specified period of confinement, except for periods of time
during
which the
offender is at the
offender's place of
employment or at other
premises as authorized by the sentencing
court or by the parole board. (2) The
offender is required
to report periodically
to a person designated by the
court or parole board. (3) The
offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or by the parole board. (R) "Intensive probation supervision" means a
requirement
that an offender maintain frequent contact with a
person appointed
by the court, or by the parole board pursuant to section
2967.28
of the Revised Code, to supervise the offender while the
offender
is seeking or maintaining necessary employment and
participating
in training, education, and treatment programs as
required in the
court's or parole board's order. "Intensive
probation
supervision" includes intensive parole supervision and intensive
post-release control supervision. (S) "Jail" means a jail, workhouse,
minimum security
jail,
or other residential facility
used for the confinement of
alleged
or convicted offenders that
is operated by a political
subdivision
or a combination of
political subdivisions of this
state. (T) "Jail term" means the term in a jail that a sentencing
court
imposes or is authorized to impose pursuant to section
2929.24 or
2929.25 of the
Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction. (U) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E) of section 2903.06 or division (D) of section 2903.08 of the Revised Code, division (B)
of section
4510.14 of the Revised Code, or division
(G) of section 4511.19 of
the Revised Code or pursuant to any other provision of the
Revised
Code that requires a term in a jail for a misdemeanor
conviction. (V) "Delinquent child" has the same meaning as in section
2152.02 of the
Revised Code. (W) "License violation report" means
a report that is made
by a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board
or agency that issued an offender a professional
license or a
license or permit to do business
in this state and that specifies
that the offender has been
convicted of or pleaded guilty to an
offense that may violate the
conditions under which the offender's
professional license or
license or permit to do business in this
state was granted or an offense
for which the offender's
professional license or license or permit to do
business in this
state may be revoked or suspended. (X) "Major drug offender" means an
offender who is convicted
of or pleads guilty to the possession
of, sale of, or offer to
sell any drug, compound, mixture,
preparation, or substance that
consists of or contains at least
one thousand grams of hashish; at
least one hundred
grams of crack cocaine; at least one thousand
grams of cocaine that is not
crack cocaine; at least two thousand
five hundred unit doses or two
hundred fifty grams of
heroin; at
least five thousand unit doses of
L.S.D. or five hundred grams of
L.S.D. in a
liquid concentrate, liquid extract, or liquid
distillate form; or at least
one hundred times the
amount of any
other schedule I or II controlled
substance other than marihuana
that is necessary to commit a
felony of the third degree pursuant
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised
Code
that is based on the possession of, sale of, or offer to sell
the
controlled substance. (Y) "Mandatory prison term" means any of the
following: (1) Subject to division (Y)(2) of this section,
the term in
prison that must be imposed for the offenses or
circumstances set
forth in divisions (F)(1) to (8) or
(F)(12) to (14) 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. (3) The term in prison imposed pursuant to section 2971.03
of the Revised Code for the offenses and in the circumstances
described in
division (F)(11) of section 2929.13 of the Revised
Code and
that term as
modified or terminated pursuant to
section
2971.05 of the Revised Code. (Z) "Monitored time" means a period
of time during which an
offender continues to be under the
control of the sentencing court
or parole board, subject to no
conditions other than leading a
law-abiding life. (AA) "Offender" means a person who,
in this state, is
convicted of or pleads guilty to a felony or a
misdemeanor. (BB) "Prison" means a residential
facility used for the
confinement of convicted felony offenders
that is under the
control of the department of rehabilitation and
correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. (CC) "Prison term" includes any of the following
sanctions
for an offender: (1) A stated prison term; (2) A term in a prison shortened by, or with the
approval
of, the sentencing court pursuant to section 2929.20,
2967.26,
5120.031, 5120.032, or 5120.073 of the
Revised Code; (3) A term in prison extended by bad time imposed
pursuant
to section 2967.11 of the Revised Code
or imposed for a violation
of post-release control pursuant to
section 2967.28 of the Revised
Code. (DD) "Repeat violent offender" means
a person about whom
both of the following apply: (1) The person has been convicted of or has pleaded
guilty
to, and is being sentenced for committing, for
complicity in
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree
other than one set forth in Chapter 2925. of the Revised
Code, a
felony of the first degree set forth in Chapter
2925. of the
Revised Code that involved an attempt
to cause serious physical
harm to a person or that resulted in serious
physical harm to a
person, or a
felony of the second degree that involved an attempt
to cause serious physical
harm to a person
or that resulted in
serious physical harm to a person. (2) Either of the following applies: (a) The person previously was convicted of or pleaded
guilty
to, and
previously served
or, at the time of the offense was
serving, a prison term for, any of the following: (i) Aggravated murder, murder, involuntary manslaughter,
rape, felonious
sexual penetration as it existed under
section
2907.12 of the Revised Code prior to September 3,
1996, a felony
of the first or second degree that resulted in the death
of a
person or in physical harm to a person, or complicity in or an
attempt
to commit any of those offenses; (ii) An offense under an existing or
former law of this
state, another state, or the
United States that is or was
substantially equivalent to an offense listed
under division
(DD)(2)(a)(i) of this section and that
resulted in the death of a
person or in physical harm to a person. (b) The person previously was adjudicated a delinquent child
for
committing an act that if committed by an adult would have
been an offense
listed in division
(DD)(2)(a)(i) or (ii) of this
section, the person was committed to the department of youth
services for that
delinquent act. (EE) "Sanction" means any penalty
imposed upon an offender
who is convicted of or pleads guilty to
an offense, as punishment
for the offense. "Sanction"
includes any sanction imposed
pursuant to any provision of
sections 2929.14 to 2929.18
or
2929.24 to 2929.28 of the
Revised Code. (FF) "Sentence" means the sanction or
combination of
sanctions imposed by the sentencing court on an
offender who is
convicted of or pleads guilty to
an offense. (GG) "Stated prison term" means the
prison term, mandatory
prison term, or combination of all
prison terms and mandatory
prison terms imposed by the
sentencing court pursuant to section
2929.14 or 2971.03 of the
Revised Code. "Stated prison term"
includes any credit received by the offender for time spent in
jail awaiting trial, sentencing, or transfer to prison for the
offense and any time spent under house arrest or
house arrest
with electronic monitoring imposed after
earning credits pursuant to
section 2967.193 of the Revised Code. (HH) "Victim-offender mediation"
means a reconciliation or
mediation program that involves an
offender and the victim of the
offense committed by the offender and that
includes a meeting in
which the offender and the victim may discuss the
offense, discuss
restitution, and consider other sanctions for
the offense. (II) "Fourth degree felony
OVI offense" means a
violation
of division (A) of section
4511.19 of the Revised
Code
that, under
division (G) of that section, is a felony of the fourth
degree. (JJ) "Mandatory term of local
incarceration" means the term
of sixty or one hundred twenty days in a jail, a
community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony
OVI offense pursuant to division (G)(1) of section
2929.13
of the Revised Code and division
(G)(1)(d) or
(e)
of section
4511.19 of
the
Revised Code. (KK) "Designated homicide, assault, or kidnapping
offense,"
"sexual motivation specification," "sexually violent offense,"
"sexually violent predator," and "sexually violent predator
specification"
have the same meanings as in section 2971.01 of the
Revised Code. (LL) "Habitual sex offender," "sexually oriented
offense,"
"sexual predator," "registration-exempt sexually oriented offense," "child-victim oriented offense," "habitual child-victim offender," and "child-victim predator" have the same meanings as in section 2950.01
of the Revised Code. (MM) An offense is "committed in the vicinity of a child"
if
the offender commits the offense within thirty feet of or within
the same
residential unit as a child who
is under eighteen years
of age, regardless of whether the offender knows the
age of the
child or whether the offender knows the offense is
being committed
within thirty feet of or within the same residential unit as
the
child and regardless of whether the child actually views the
commission of
the offense. (NN) "Family or household member" has the same meaning as
in
section 2919.25 of the Revised Code. (OO) "Motor vehicle" and "manufactured home" have the
same
meanings as in section 4501.01 of the Revised Code. (PP) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code. (QQ) "Third degree felony
OVI offense" means a
violation of
division (A) of section 4511.19 of the Revised Code
that, under
division (G) of that section, is a felony of
the third
degree. (RR) "Random drug testing" has the same meaning as in
section 5120.63 of the Revised Code. (SS) "Felony sex offense" has the same meaning as in
section
2967.28 of the Revised Code. (TT) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code. (UU) "Electronic monitoring" means monitoring through the
use of an electronic monitoring device.
(VV) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (VV)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (VV)(1)(a) of this section, can transmit continuously
those signals by telephone to a central monitoring computer of the
type described in division (VV)(1)(c) of this section, and can
transmit continuously an appropriate signal to that central
monitoring computer if the receiver is turned off or altered
without prior court approval or otherwise tampered with.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by telephone by a
receiver of the type described in division (VV)(1)(b) of this
section and can monitor continuously the person to whom an
electronic monitoring device of the type described in division
(VV)(1)(a) of this section is attached.
(2) Any device that is not a device of the type described in
division (VV)(1) of this section and that conforms with all of the
following: (a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved. (WW) "Non-economic loss" means nonpecuniary harm suffered by a victim of an offense as a result of or related to the commission of the offense, including, but not limited to, pain and suffering; loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education; mental anguish; and any other intangible loss. (XX) "Prosecutor" has the same meaning as in section 2935.01 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;
(13) A violation of division (A)(1) or (2) of section 2903.06 of the Revised Code if the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, with respect to the portion of the sentence imposed pursuant to division (D)(5) of section 2929.14 of the Revised Code;
(14) A violation of division (A)(1) or (2) of section 2903.06 of the Revised Code if the offender has been convicted of or pleaded guilty to three or more violations of division (A) or (B) of section 4511.19 of the Revised Code or an equivalent offense, as defined in section 2941.1414 of the Revised Code, or three or more violations of any combination of those divisions and offenses, with respect to the portion of the sentence imposed pursuant to division (D)(6) of section 2929.14 of the Revised Code. (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, 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 sixty days or one hundred twenty days as specified
in division (G)(1)(e)
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. 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 that is not a registration-exempt sexually oriented offense or for a child-victim oriented offense committed on or after January 1,
1997, the judge
shall
include in the sentence a summary of the
offender's duties imposed under sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code and the
duration of the duties. The
judge shall inform the offender, at the
time of sentencing, of
those duties and of their duration and, if required
under division
(A)(2) of section 2950.03 of
the Revised Code, shall perform the
duties specified in that
section. (J)(1) Except as
provided in division (J)(2) of
this
section, when considering sentencing factors under this
section in
relation to an offender who is convicted of or pleads
guilty to an
attempt to commit an offense in violation of
section 2923.02 of
the Revised Code, the sentencing court
shall consider the factors
applicable to the felony category of
the violation of section
2923.02 of the Revised
Code instead of the factors
applicable to
the felony category of the offense
attempted. (2) When considering sentencing factors under this
section
in relation to an offender who is convicted of or pleads
guilty to
an attempt to commit a drug abuse offense for which
the penalty is
determined by the amount or number of unit doses
of the controlled
substance involved in the drug abuse offense,
the sentencing court
shall consider the factors applicable to
the felony category that
the drug abuse offense attempted would
be if that drug abuse
offense had been committed and had
involved an amount or number of
unit doses of the controlled
substance that is within the next
lower range of controlled substance amounts
than was involved in
the attempt. (K) As used in this section, "drug abuse offense" has the
same meaning as in
section 2925.01 of the Revised Code.
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this
section and except
in relation to an offense for which a sentence
of death or life
imprisonment is to be imposed, if the court
imposing a sentence
upon an offender for a felony elects or is
required to impose a
prison term on the offender pursuant to this
chapter and is not
prohibited by division (G)(1) of section 2929.13 of the
Revised
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall
be one of the following: (1) For a felony of the first degree, the prison term
shall
be three, four, five, six, seven, eight, nine, or ten
years. (2) For a felony of the second degree, the prison term
shall
be two, three, four, five, six, seven, or eight years. (3) For a felony of the third degree, the prison term
shall
be one, two, three, four, or five years. (4) For a felony of the fourth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months. (5) For a felony of the fifth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven,
or twelve months. (B) Except as provided in division (C),
(D)(1), (D)(2),
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02
of the Revised
Code, or in Chapter
2925. of the Revised Code, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless
one or more
of
the following applies: (1) The offender was serving a prison term at the time of
the offense, or the offender previously had served a prison term. (2) The
court finds on the record that the shortest prison
term will
demean the seriousness of the offender's conduct or will
not
adequately protect the public from future crime by the
offender
or others. (C) Except as provided in division (G) of this section or in
Chapter 2925. of
the Revised Code, the court imposing a sentence
upon an
offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of
this
section only upon offenders who committed the worst forms of
the
offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat
violent
offenders in accordance with division (D)(2) of
this section. (D)(1)(a) Except as provided in division
(D)(1)(e) of this
section, if
an offender who is convicted of or pleads guilty to a
felony also
is convicted of or pleads guilty to a specification of
the type
described in section 2941.141, 2941.144, or
2941.145 of
the
Revised Code, the court shall impose on the offender one of
the
following prison terms: (i) A prison term of six years if the specification is of
the
type described in section 2941.144 of the Revised Code
that
charges the offender with having a firearm that is an automatic
firearm
or that was equipped with a firearm muffler or silencer on
or about the
offender's person or
under the offender's control
while committing the felony; (ii) A prison term of three years if the specification
is of
the type described in section 2941.145 of the Revised
Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense
and displaying
the firearm, brandishing
the firearm,
indicating that the offender possessed the firearm, or
using it to
facilitate the offense; (iii) A prison term of one year if the specification
is of
the type described in section 2941.141 of the Revised
Code
that
charges the offender with having a firearm on or about the
offender's
person or under the offender's control while committing
the felony. (b) If a
court imposes a prison term on
an
offender under
division (D)(1)(a) of this section, the prison
term shall not be
reduced pursuant to section 2929.20, section 2967.193,
or
any
other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. A court shall not
impose more than one prison term on an
offender under
division (D)(1)(a) of this section for felonies
committed as part of
the same act or transaction. (c) Except as provided in division
(D)(1)(e)
of this
section, if an offender who is convicted of or pleads
guilty to a
violation of section 2923.161 of the
Revised
Code or to a felony
that includes,
as an essential element, purposely or knowingly
causing or
attempting to cause the death of or physical harm to
another,
also is convicted of or pleads guilty to a specification
of the
type described in section 2941.146 of the
Revised
Code that
charges the offender
with committing the offense by discharging a
firearm from a
motor vehicle other than a manufactured
home, the
court, after imposing
a prison term on the offender for the
violation of section
2923.161 of the Revised
Code or for the other
felony
offense under division (A), (D)(2), or (D)(3) of this
section, shall
impose an additional prison term of five years upon
the offender
that shall not be reduced pursuant to section
2929.20, section 2967.193, or
any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A
court shall not impose
more than one additional prison term on an offender under
division
(D)(1)(c) of this section for felonies committed as
part of the
same
act or transaction. If a court imposes an additional prison
term on an
offender under division (D)(1)(c) of this section
relative to an offense, the court also shall
impose a prison term
under division
(D)(1)(a) of this section
relative to the same
offense, provided the criteria specified in that division
for
imposing an additional prison term are satisfied relative to the
offender
and the offense. (d)
If an offender who is convicted of or pleads guilty to
an offense
of violence that is a felony also is convicted of or
pleads guilty to a
specification of the type described in section
2941.1411 of the Revised Code that charges the
offender with
wearing or carrying body armor
while committing the felony offense
of violence, the court shall
impose on the offender a prison term
of two years. The prison
term so imposed shall not be reduced
pursuant to section 2929.20,
section 2967.193, or any other
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A court shall not impose more
than one prison term
on an offender
under division
(D)(1)(d) of this section for
felonies committed as
part of
the same act or transaction. If a
court imposes an
additional prison
term under division (D)(1)(a)
or (c)
of this
section, the
court is not precluded from imposing
an additional
prison term under
division (D)(1)(d) of this
section. (e) The court shall not impose any of the
prison terms
described in division
(D)(1)(a)
of this section or any of the
additional prison terms described in
division (D)(1)(c) of this
section upon an
offender for a
violation of section
2923.12 or
2923.123 of the Revised Code. The court shall not
impose any of
the prison terms described in
division
(D)(1)(a) of this section
or any of the additional prison terms
described in division
(D)(1)(c) of this section
upon an offender for a violation of
section 2923.13 of the
Revised Code unless all of the following
apply: (i) The offender previously has been convicted
of aggravated
murder, murder, or any felony of the first or
second degree. (ii) Less than five years have passed since the
offender was
released from prison or post-release control,
whichever is later,
for the prior offense.
(f) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause
the death of or physical
harm to another and
also is convicted of or pleads guilty to a
specification of the
type described in section 2941.1412 of the
Revised Code that
charges the
offender with committing the offense by discharging a
firearm at a
peace officer as defined in section 2935.01 of the
Revised Code or a corrections officer as defined in section
2941.1412 of the Revised Code, the court, after imposing a
prison
term on the
offender for the felony offense under division (A),
(D)(2),
or
(D)(3) of this section, shall impose an additional
prison term of
seven years upon the offender that shall not be
reduced pursuant
to section 2929.20, section 2967.193, or any
other provision of
Chapter 2967. or Chapter 5120. of
the Revised
Code. A court
shall
not impose more than one
additional prison
term on an
offender
under division (D)(1)(f) of
this section for
felonies
committed as
part of the same act or transaction.
If a
court
imposes an
additional prison term on an offender under
division
(D)(1)(f) of
this section relative to an offense,
the
court
shall not impose a
prison term under division (D)(1)(a)
or
(c)
of
this section
relative to the same offense. (2)(a) If an offender who is
convicted of or pleads guilty
to a felony also is convicted of or pleads
guilty to a
specification of the type described in section 2941.149 of the
Revised Code
that the
offender is a repeat
violent offender, the
court shall
impose a prison term from the range of terms
authorized for the offense
under division (A) of this section
that
may be the longest term in the range and that shall not be reduced
pursuant to section 2929.20, section 2967.193, or
any other
provision of Chapter 2967. or Chapter 5120. of the
Revised
Code.
If the court finds that the
repeat violent offender, in committing
the offense, caused any
physical harm that carried a substantial
risk of death to a
person or that involved substantial permanent
incapacity or
substantial permanent disfigurement of a person,
the
court shall impose the longest prison term from the range of terms
authorized for the
offense under division (A) of this section. (b) If the court imposing a prison term on a
repeat violent
offender imposes the longest prison term
from the range of terms
authorized for the offense under division
(A) of this section, the
court may impose on the offender
an additional definite prison
term of one, two, three, four,
five, six, seven, eight, nine, or
ten years if the court finds
that both of the following apply with
respect to the prison terms
imposed on the offender pursuant to
division
(D)(2)(a) of this section and, if
applicable, divisions
(D)(1) and (3) of this section: (i) The terms so imposed are inadequate to
punish the
offender and protect the public from future crime,
because the
applicable factors
under
section 2929.12
of the Revised Code
indicating a greater
likelihood of recidivism outweigh
the
applicable factors under that section indicating a lesser
likelihood of
recidivism. (ii) The terms so imposed are demeaning to the
seriousness
of the offense, because one or more of the factors
under section
2929.12 of the Revised Code
indicating that the offender's conduct
is more serious than conduct normally
constituting the offense are
present, and they outweigh the applicable
factors under that
section indicating that the offender's
conduct is
less serious
than conduct normally constituting the offense. (3)(a) Except when an offender commits a
violation of
section 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for the
violation is life imprisonment or commits a
violation of section
2903.02 of the Revised Code, if the offender
commits a violation of section 2925.03 or 2925.11 of
the Revised
Code and that section classifies the offender as a major drug
offender and requires the
imposition of a ten-year prison term on
the offender, if
the offender commits a felony violation of
section 2925.02,
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, division
(C) of section 4729.51, or division (J)
of section 4729.54
of the Revised Code that includes the sale,
offer to sell,
or possession of a schedule
I or II controlled
substance, with the exception of
marihuana, and the
court imposing
sentence upon the offender finds
that the offender is guilty of a
specification of the type
described in section 2941.1410 of the
Revised Code charging
that the offender is a
major drug offender,
if the court imposing sentence upon an offender for
a felony
finds
that the offender is guilty
of corrupt activity with the
most
serious offense in the pattern
of corrupt activity being a
felony
of the first degree, or if the offender is guilty of
an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the Revised
Code that was attempted, the offender would have been subject to a
sentence of life imprisonment or life imprisonment without parole
for the violation of section 2907.02 of the Revised Code, the
court shall
impose upon
the offender for the felony violation a
ten-year
prison term that
cannot be reduced pursuant to section
2929.20 or
Chapter
2967. or 5120. of the Revised Code. (b) The court imposing a prison term on an
offender under
division (D)(3)(a) of this
section may impose an additional prison
term of one, two, three,
four, five, six, seven, eight, nine, or
ten years, if the court,
with respect to the term imposed under
division
(D)(3)(a) of this section and, if
applicable, divisions
(D)(1) and (2) of this section,
makes both of the findings set
forth in divisions
(D)(2)(b)(i) and (ii) of this section. (4) If the offender is being sentenced for a third or fourth
degree felony
OVI offense under division (G)(2) of section
2929.13
of the Revised
Code,
the sentencing court shall impose
upon the
offender a mandatory prison term in
accordance with that
division.
In addition to the mandatory prison term, if the offender is being
sentenced for a fourth degree felony OVI offense, the court,
notwithstanding division (A)(4) of this section, may sentence the
offender to a definite prison term of not less than six months and
not more than thirty months, and if the offender is being
sentenced for a third degree felony OVI offense, the
sentencing
court may sentence the offender to an additional prison
term of
any
duration specified in division (A)(3) of this section. In
either case, the additional prison term imposed shall be reduced
by the sixty or one
hundred twenty days imposed upon the
offender
as the mandatory prison term.
The total of the
additional prison
term imposed under division (D)(4) of this
section
plus the sixty
or one hundred twenty days imposed as the
mandatory prison term
shall equal a definite term in the range of six months to thirty
months for a fourth degree felony OVI offense and shall equal one
of
the authorized prison
terms specified in division (A)(3) of
this section for a third degree felony OVI offense. If
the court
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after
the
offender has served the mandatory prison term required for the
offense. The
court shall not sentence the offender to a community
control sanction under
section 2929.16 or 2929.17 of the Revised
Code. (5) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1413 of the
Revised Code that charges that the victim of the offense is a
peace officer, as defined in section 2935.01 of the Revised Code,
the court shall impose on the offender a prison term of five
years. If a court imposes a prison term on an offender under
division (D)(5) of this section, the prison term shall not be
reduced pursuant to section 2929.20, section 2967.193, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (D)(5) of this section for felonies
committed as part of the same act.
(6) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 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 that charges that the offender previously has been
convicted of or pleaded guilty to three or more violations of division (A)
or (B) of section 4511.19 of the Revised Code or an equivalent
offense, as defined in section 2941.1414 of the Revised Code, or three or more violations of any combination of those divisions and offenses, the
court shall impose on the offender a prison term of three years.
If a court imposes a prison term on an offender under division
(D)(6) of this section, the prison term shall not be reduced
pursuant to section 2929.20, section 2967.193, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code.
A
court shall not impose more than one prison term on an offender
under division (D)(6) of this section for felonies committed as
part of the same act. (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a mandatory prison term
is imposed
upon an offender pursuant to
division (D)(1)(a) of this
section for having a firearm on or
about the offender's person or under the
offender's
control while
committing a felony, if a mandatory prison term
is imposed
upon an
offender pursuant to division (D)(1)(c) of
this section for
committing a felony specified in that division by discharging
a
firearm from a motor vehicle, or if both types of mandatory prison
terms
are imposed, the offender shall serve
any mandatory prison
term
imposed under either division
consecutively to any other
mandatory prison term imposed under either division
or under
division (D)(1)(d) of this
section,
consecutively to and prior to
any prison term
imposed for the underlying felony pursuant to
division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term
or
mandatory prison term previously or subsequently imposed
upon the
offender. (b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for
wearing or
carrying body armor while committing an offense of violence that
is a felony,
the offender shall serve the mandatory
term so
imposed consecutively to any other mandatory prison term
imposed
under that division or under division (D)(1)(a)
or (c) of
this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or
(D)(3)
of
this section or any other section of the Revised Code, and
consecutively to any other
prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (c) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(f) of this section, the offender shall
serve the mandatory prison term so imposed consecutively to and
prior to any prison term imposed for the underlying felony under
division (A), (D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender. (2) If an offender who is an inmate in a jail, prison,
or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an
inmate in a jail, prison, or other residential
detention facility or is under
detention at a detention facility
commits another felony while the offender is
an
escapee in
violation of
section 2921.34 of the Revised Code, any prison
term
imposed upon the offender for one of those violations
shall be
served by the offender consecutively to the prison term or term of
imprisonment the offender
was serving when the offender committed
that offense and to any other prison
term previously or
subsequently imposed upon the offender. (3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code, a violation of division (A) of section 2913.02 of the Revised Code in which the stolen property is a firearm or dangerous ordnance, or a felony violation of division
(B) of section 2921.331
of the Revised Code, the offender shall serve that
prison term
consecutively to any
other prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (4) If multiple prison terms are imposed on an offender
for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the
offender's conduct and to the danger the offender
poses to
the public, and if the court also finds any
of the following: (a) The offender committed
one or more of the multiple
offenses while the
offender was awaiting trial or sentencing, was
under a sanction
imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the
Revised Code, or was under
post-release control for
a prior
offense. (b)
At least two of the multiple offenses were committed
as
part of one or more courses of conduct, and the harm caused by
two
or more of the multiple offenses
so committed
was so great or
unusual that no single prison term for any of the
offenses
committed as part of
any of the courses of conduct
adequately
reflects the seriousness of the offender's conduct. (c) The offender's history of criminal conduct
demonstrates
that consecutive sentences are necessary to protect
the public
from future crime by the offender. (5) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(5) or (6) of this section, the offender
shall serve the mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section. If a mandatory prison
term is imposed upon an offender pursuant to division (D)(5) of
this section, and if a mandatory prison term also is imposed upon
the offender pursuant to division (D)(6) of this section in
relation to the same violation, the offender shall serve the
mandatory prison term imposed pursuant to division (D)(5) of this
section consecutively to and prior to the mandatory prison term
imposed pursuant to division (D)(6) of this section and
consecutively to and prior to any prison term imposed for the
underlying violation of division (A)(1) or (2) of section 2903.06
of the Revised Code pursuant to division (A) of this section. (6) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), or (4), or (5) of this
section, the term to be
served is the aggregate of all of the terms so
imposed. (F) If a court imposes a prison term of a type
described in
division (B) of section 2967.28 of the
Revised Code, it shall
include in the sentence a
requirement that the offender be subject
to a period of
post-release control after the offender's release
from imprisonment, in
accordance with that division. If a court
imposes a prison term
of a type described in division (C) of that
section, it
shall include in the sentence a requirement that the
offender be
subject to a period of post-release control after the
offender's release
from imprisonment, in accordance with that
division, if the
parole board determines that a period of
post-release control is
necessary. (G) If a person is convicted of or pleads guilty to a
sexually violent
offense and also is convicted of or pleads guilty
to a sexually violent
predator specification that was included in
the indictment, count in the
indictment, or information charging
that offense, the court shall impose
sentence upon the offender in
accordance with section 2971.03 of the Revised
Code, and Chapter
2971. of the Revised Code applies regarding the prison term
or
term of life imprisonment without parole imposed upon the offender
and the
service of that term of imprisonment. (H) If a person who has been convicted of or pleaded guilty
to a felony is
sentenced to a prison term or term of imprisonment
under this section,
sections 2929.02 to 2929.06 of the Revised
Code, section 2971.03 of the
Revised Code, or any other provision
of law, section 5120.163 of the Revised
Code applies regarding the
person while the person is confined in a state
correctional
institution. (I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence
also is convicted of or
pleads guilty to a specification of the
type described in section
2941.142 of the
Revised Code that charges the offender with having
committed
the felony while participating in a criminal gang, the
court shall impose upon
the offender an additional prison term of
one, two, or three years. (J) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a
felony of the first, second, or
third degree that is an
offense of violence also is convicted of
or pleads guilty to a
specification of the type described in
section 2941.143 of the
Revised
Code that charges the offender
with having committed the offense in a school safety
zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall
serve the additional two years consecutively to and
prior to the prison term
imposed for the underlying offense. (K) At the time of sentencing, the court
may recommend the
offender for
placement in a program of shock incarceration
under
section 5120.031 of the Revised Code or for
placement
in an
intensive program prison
under
section 5120.032 of the Revised
Code, disapprove placement of the
offender in a program of shock
incarceration or
an intensive
program
prison
of that nature, or
make
no recommendation on placement of
the offender.
In no case
shall
the department of rehabilitation and correction place the
offender
in a program or prison of that nature unless the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for the placement. If the court disapproves placement of the offender in a
program or prison
of that nature, the department of rehabilitation
and correction shall not
place the offender in any program of
shock incarceration or intensive program
prison. If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program
prison,
and if the offender
is subsequently placed in the recommended
program or
prison, the
department shall notify the court of the
placement and shall
include with the notice a brief description of
the placement. If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program prison
and the department does not
subsequently place the offender in the
recommended program or prison, the
department shall send a notice
to the court indicating why the offender was
not placed in the
recommended program or prison. If the court does not make a recommendation under this
division with
respect to an
offender
and if the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature, the
department shall screen the offender and
determine if there is an
available program of shock incarceration or an
intensive program
prison for which the offender is suited. If there is an
available
program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the
court of the
proposed placement of the offender
as specified in
section 5120.031 or 5120.032 of the Revised Code and shall include
with the notice a brief
description of the placement. The court
shall have ten days from receipt of
the notice to disapprove the
placement. Sec. 2929.18. (A) Except as otherwise provided in this
division and in addition to imposing court costs pursuant to
section 2947.23
of the Revised Code, the court imposing a sentence
upon an offender for a
felony may sentence the offender to any
financial sanction or combination of
financial
sanctions
authorized under this section or, in the circumstances specified
in section
2929.32 of the Revised Code, may impose upon
the
offender a fine in accordance with that section.
Financial
sanctions
that may be imposed pursuant to this section
include,
but are
not limited to, the following: (1) Restitution by the offender to the victim of the
offender's crime or any survivor of the victim, in an amount
based
on the victim's economic loss. The If the court imposes restitution, the court shall order that the
restitution be made
to the victim in open court, to the adult
probation department that serves
the county
on behalf of the
victim, to the clerk of courts, or to
another agency
designated by
the court. The order may include
a requirement
that reimbursement be made to third parties for
amounts paid to
or
on behalf of the victim or any survivor of the
victim for economic
loss resulting from the offense. If
reimbursement to third
parties is
required, the reimbursement
shall be made to any
governmental
agency to repay any amounts paid
by the agency to or
on behalf of the
victim or
any survivor of the
victim for economic
loss resulting from the
offense before any
reimbursement is made
to any person other than
a governmental
agency. If no
governmental agency incurred
expenses for economic
loss of the
victim or any survivor of the
victim resulting from
the offense,
the reimbursement shall be
made to any person other
than a
governmental agency to repay
amounts paid by that person to
or on
behalf of the victim or any
survivor of the
victim for
economic
loss of the victim resulting from the
offense. The court
shall
not require an offender to repay an insurance
company for
any
amounts the company paid on behalf of the offender pursuant to
a
policy of insurance. At If the court imposes restitution, at sentencing, the court shall determine
the
amount of
restitution to be made by the offender.
The If the court imposes restitution, the court may
base the amount of restitution it orders on an amount recommended
by the victim, the offender, a presentence investigation report,
estimates or receipts indicating the cost of repairing or
replacing property, and other information, provided that the amount the court orders as restitution shall not exceed the amount of the economic loss suffered by the victim as a direct and proximate result of the commission of the offense. The If the court decides to impose restitution, the court shall hold a
hearing on restitution if the offender, victim, or survivor
disputes the amount. All
restitution payments
shall be credited
against any recovery of
economic loss in a
civil action brought by
the victim or any
survivor of the victim
against the offender. The If the court imposes restitution, the court may order that the offender pay a surcharge of not
more than five per cent of the amount of the restitution otherwise
ordered to the entity responsible for collecting and processing
restitution payments.
The victim or survivor may request that the prosecuting
attorney prosecutor in the case file a motion, or the offender may file a motion, for
modification of the payment terms of any restitution ordered. If
the court grants the motion, it may modify the payment terms as it
determines appropriate. (2) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision, or as described in division (B)(2)
of this
section to one or more law enforcement agencies, with the
amount
of the fine based on a standard percentage of the
offender's daily
income over a period of time determined by the
court and based
upon the seriousness of the offense. A fine
ordered under this
division shall not exceed the
maximum conventional fine
amount authorized for
the level of the offense under division
(A)(3) of this section. (3) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision when appropriate for a felony, or as
described in division (B)(2) of this section to one or
more law
enforcement agencies, in the following amount: (a) For a felony of the first degree, not more
than twenty
thousand dollars; (b) For a felony of the second degree, not more
than fifteen
thousand dollars; (c) For a felony of the third degree, not more
than ten
thousand dollars; (d) For a felony of the fourth degree, not more
than five
thousand dollars; (e) For a felony of the fifth degree, not more
than two
thousand five hundred dollars. (4)
A state fine or costs as defined in section 2949.111 of
the Revised Code. (5)(a)
Reimbursement by the
offender of any or
all of the
costs of
sanctions incurred by the government,
including the
following: (i) All or part of the costs of implementing
any community
control sanction, including a supervision fee under section
2951.021 of the Revised Code; (ii) All or part of the costs of confinement
under a
sanction imposed pursuant to section 2929.14 or 2929.16
of the
Revised Code, provided that the amount of
reimbursement ordered
under this division shall not exceed
the total amount of
reimbursement the
offender is able to pay as determined at a
hearing and shall not exceed the
actual cost of the confinement. (b) If the offender is sentenced to a sanction of
confinement pursuant to
section 2929.14 or 2929.16 of the Revised
Code that is to be served in a facility
operated by a board of
county commissioners, a legislative authority of a
municipal
corporation, or another local governmental entity,
if, pursuant to
section 307.93, 341.14, 341.19,
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,
the
board,
legislative
authority, or other local
governmental
entity requires
prisoners
to
reimburse
the county, municipal
corporation,
or other entity
for
its expenses incurred
by reason
of the
prisoner's confinement,
and if the
court
does not impose a
financial
sanction under
division (A)(5)(a)(ii)
of this
section,
confinement
costs may be
assessed pursuant to section
2929.37 of
the Revised Code. In
addition, the offender may be
required to pay
the fees specified
in section 2929.38 of the
Revised Code in
accordance with that
section.
(c) Reimbursement by the offender for costs
pursuant to
section
2929.71 of the Revised Code. (B)(1) For a first, second, or third degree
felony violation
of any provision of Chapter 2925.,
3719., or 4729. of the Revised
Code, the
sentencing court shall impose upon the offender a
mandatory fine
of at least one-half of, but not more than, the
maximum statutory
fine amount authorized for the level of the
offense pursuant to
division (A)(3) of this section. If an
offender alleges in an affidavit filed
with the court prior
to
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an
indigent person and is unable to pay the mandatory fine described
in this
division, the court shall not impose the mandatory fine
upon the offender. (2) Any mandatory fine imposed upon an offender under
division (B)(1) of this section and any fine imposed upon
an
offender under division (A)(2) or (3) of this section
for any
fourth or fifth degree felony violation of any provision
of
Chapter 2925., 3719., or 4729. of the Revised
Code shall be paid
to law enforcement agencies pursuant
to division (F) of section
2925.03 of the Revised
Code. (3) For a fourth degree felony
OVI
offense and for a third
degree felony OVI offense, the sentencing
court shall impose upon
the offender a mandatory fine
in the amount specified in division
(G)(1)(d) or (e) of section 4511.19
of the Revised
Code, whichever
is applicable. The
mandatory fine
so imposed shall be
disbursed
as provided in
the division pursuant to which it is imposed. (4) Notwithstanding any fine
otherwise authorized or
required to be imposed under division
(A)(2) or (3) or (B)(1) of
this section or section 2929.31
of the Revised Code for a
violation of section 2925.03 of the Revised Code, in
addition to
any
penalty or sanction imposed for that offense under section
2925.03 or sections 2929.11 to 2929.18 of the
Revised Code and in
addition to the
forfeiture of property in connection with the
offense as
prescribed in sections 2925.42 to 2925.45 of the
Revised Code, the court that sentences
an offender for a violation
of section 2925.03 of
the Revised Code may impose upon the
offender a fine in addition to any fine imposed under division
(A)(2) or (3) of this section
and in addition to any mandatory
fine imposed under division
(B)(1) of this section. The fine
imposed under division
(B)(4) of this section shall be used as
provided in division
(H) of section 2925.03 of the Revised Code.
A
fine
imposed under division (B)(4) of this section shall not
exceed
whichever of the following is applicable: (a) The total value of any personal
or real property in
which the offender has an interest and that
was used in the course
of, intended for use in the course of,
derived from, or realized
through conduct in violation of
section 2925.03 of the Revised
Code, including any
property that constitutes proceeds derived
from that offense; (b) If the offender has no interest
in any property of the
type described in division
(B)(4)(a) of this section or if it is
not possible to
ascertain whether
the offender has an interest in
any property of that type in
which the offender may have an
interest, the amount of the
mandatory fine for the offense imposed
under division
(B)(1) of this section or, if no mandatory fine is
imposed under
division (B)(1) of this section, the amount of the
fine authorized
for the level of the offense
imposed under
division (A)(3) of this section. (5) Prior to imposing a fine under division
(B)(4) of this
section, the
court shall determine whether the offender has an
interest in
any property of the type described in division
(B)(4)(a) of this section. Except as provided in
division (B)(6)
or (7) of this section,
a fine that is authorized and imposed
under division
(B)(4) of this section does not
limit or affect the
imposition of the penalties and sanctions
for a violation of
section 2925.03 of the Revised Code
prescribed under
those
sections
or sections 2929.11 to 2929.18 of the
Revised Code and
does not limit or
affect a forfeiture of property in connection
with the offense
as prescribed in sections 2925.42 to 2925.45 of
the
Revised Code. (6) If the sum total of a mandatory fine amount imposed
for
a first, second, or third degree felony violation of section
2925.03
of the Revised Code under division
(B)(1) of this section
plus the
amount of any fine imposed under division
(B)(4) of this
section does not
exceed the maximum statutory fine amount
authorized for the
level of the offense under division (A)(3) of
this section or
section 2929.31 of the Revised Code, the court may
impose a
fine for the offense in addition to the mandatory fine
and the
fine imposed under division (B)(4) of this section. The
sum total of the amounts of the mandatory fine, the fine imposed
under division (B)(4) of this
section, and the additional fine
imposed under division
(B)(6) of this section shall
not exceed the
maximum statutory fine amount authorized for the
level of the
offense under division (A)(3) of this section or
section 2929.31
of the Revised Code. The clerk of the court
shall pay any fine
that is imposed under division
(B)(6) of this section to the
county, township, municipal
corporation, park district as
created
pursuant to section 511.18 or 1545.04 of the
Revised Code, or
state law enforcement
agencies in this state that primarily were
responsible for or
involved in making the arrest of, and in
prosecuting, the
offender pursuant to division (F) of section
2925.03 of the
Revised Code. (7) If the sum total of the amount of a mandatory fine
imposed for a first, second, or third degree felony violation of
section 2925.03 of the Revised Code plus the amount of any
fine
imposed under division (B)(4) of this section exceeds
the maximum
statutory fine amount authorized for the level of
the offense
under division (A)(3) of this section or
section 2929.31 of the
Revised Code, the court shall not
impose a fine under division
(B)(6) of this section. (C)(1) The offender shall pay reimbursements
imposed upon
the offender pursuant to division
(A)(5)(a) of this
section to
pay
the costs incurred by the department of rehabilitation and
correction in operating a
prison or other facility used to confine
offenders pursuant to sanctions
imposed under section 2929.14 or
2929.16 of the Revised
Code to the treasurer of state. The
treasurer of state
shall deposit the reimbursements in the
confinement cost
reimbursement fund that is hereby created in the
state
treasury. The department of rehabilitation and correction
shall
use the amounts deposited in the fund to fund the operation
of
facilities used to confine offenders pursuant to sections
2929.14
and 2929.16 of the Revised Code. (2) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed upon the
offender pursuant to division
(A)(5)(a) of this
section to pay
the
costs incurred by a county pursuant to any
sanction imposed
under
this section or section 2929.16 or 2929.17
of the Revised
Code or
in operating a facility
used to confine offenders pursuant
to a
sanction imposed under
section 2929.16 of the Revised Code to
the
county
treasurer. The county treasurer shall deposit the
reimbursements in the sanction cost reimbursement fund that each
board of county commissioners shall create in its county
treasury.
The county shall use the amounts deposited in the fund
to pay the
costs incurred by the county pursuant to any sanction
imposed
under this section or section 2929.16 or 2929.17 of the
Revised
Code or in operating a facility used to
confine offenders pursuant
to a sanction imposed under section
2929.16 of the Revised Code. (3) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed upon the
offender pursuant to division
(A)(5)(a) of this
section to pay
the
costs incurred by a municipal corporation
pursuant to any
sanction
imposed under this section or section
2929.16 or 2929.17
of the
Revised Code or in
operating a facility used to confine
offenders
pursuant to a
sanction imposed under section 2929.16 of
the
Revised
Code to the treasurer of the municipal
corporation.
The
treasurer shall deposit the reimbursements
in a special fund
that
shall be established in the
treasury of each municipal
corporation. The municipal
corporation shall use the amounts
deposited in the fund to pay
the costs incurred by the municipal
corporation pursuant to any
sanction imposed under this section or
section 2929.16 or 2929.17
of the Revised Code or in operating a
facility
used to confine offenders pursuant to a sanction imposed
under
section 2929.16 of the Revised Code. (4) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed pursuant to
division
(A)(5)(a) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section
or section
2929.16 or 2929.17 of the Revised Code to the provider. (D)
Except as otherwise provided in this division, a
financial sanction imposed pursuant to division (A) or
(B) of this
section is a judgment in favor of the state or a
political
subdivision in which the court that imposed the
financial
sanction
is located, and the offender subject to the financial sanction is the judgment debtor. A financial sanction of
reimbursement
imposed pursuant to division
(A)(5)(a)(ii) of this
section upon
an
offender who is incarcerated in a state facility
or a municipal
jail is a judgment in favor of the state or the
municipal
corporation, and the offender subject to the financial sanction is the judgment debtor. A financial sanction of reimbursement
imposed
upon an
offender pursuant to this section for costs
incurred by a
private provider of
sanctions is a judgment in favor
of the
private provider, and the offender subject to the financial sanction is the judgment debtor. A
financial sanction of restitution
imposed
pursuant to this section is a judgment an order in favor of the
victim of
the offender's criminal act. The offender subject to
the sanction is the
judgment debtor that can be collected through execution as described in division (D)(1) of this section or through an order as described in division (D)(2) of this section, and the offender shall be considered for purposes of the collection as the judgment debtor. Imposition of a financial
sanction and execution on the
judgment does not preclude any other
power of the court to impose or enforce
sanctions on the offender.
Once the financial sanction is
imposed as a judgment or order under this division, the victim,
private provider, state, or
political subdivision may bring an
action to do any of the following: (1) Obtain execution of the judgment or order through any
available
procedure, including: (a) An execution against the property of the
judgment debtor
under Chapter 2329. of the
Revised Code; (b) An execution against the person of the
judgment debtor
under Chapter 2331. of the
Revised Code; (c) A proceeding in aid of execution under
Chapter 2333. of
the Revised Code,
including: (i) A proceeding for the examination of the
judgment debtor
under sections 2333.09 to 2333.12 and sections
2333.15 to 2333.27
of the Revised Code; (ii) A proceeding for attachment of the person
of the
judgment debtor under section 2333.28 of the
Revised Code; (iii) A creditor's suit under section 2333.01
of the Revised
Code. (d) The attachment of the property of the
judgment debtor
under Chapter 2715. of the
Revised Code; (e) The garnishment of the property of the
judgment debtor
under Chapter 2716. of the Revised Code. (2) Obtain an order for the assignment of wages of the
judgment debtor under section 1321.33 of the Revised
Code. (E) A court that imposes a financial sanction upon an
offender may hold a
hearing if necessary to determine whether the
offender is able to pay the
sanction or is likely in the future to
be able to pay it. (F) Each court imposing a financial sanction
upon an
offender under this section or under section
2929.32 of
the
Revised
Code may designate
the clerk of the court
or another person to collect
the financial sanction. The
clerk or other person authorized by law or the court to collect
the financial sanction may
enter into contracts with one or more
public agencies or private
vendors for the collection of, amounts
due under the financial
sanction imposed pursuant to this
section
or section
2929.32 of
the Revised Code. Before entering
into a
contract for the
collection of
amounts due from an offender
pursuant to any
financial sanction imposed
pursuant to this
section or section
2929.32 of the Revised Code,
a court
shall comply with sections
307.86 to 307.92 of the
Revised Code. (G) If a court that imposes a financial
sanction under
division (A) or (B) of this section
finds that an offender
satisfactorily
has completed all other sanctions imposed upon the
offender and that all
restitution that has been ordered has been
paid as ordered, the
court may suspend any financial sanctions
imposed pursuant to this section
or section
2929.32 of the
Revised
Code that have not been
paid. (H) No financial sanction imposed under this
section or
section
2929.32 of the Revised Code shall preclude a
victim from
bringing a civil action against the offender. Sec. 2929.21. (A) A court that sentences an offender for a
misdemeanor or minor misdemeanor violation of any provision of the Revised Code, or of any municipal ordinance that is substantially similar to a misdemeanor or minor misdemeanor violation of a provision of the Revised Code, shall be
guided by the
overriding
purposes of
misdemeanor sentencing. The
overriding purposes of
misdemeanor
sentencing are to protect the
public from future crime
by the
offender and others and to punish
the offender. To achieve
those
purposes, the sentencing court
shall consider the impact of
the
offense upon the victim and the
need for changing the
offender's
behavior, rehabilitating the
offender, and making
restitution to
the victim of the offense, the
public, or the
victim and the public. (B)
A sentence imposed for a misdemeanor or minor misdemeanor
violation of a Revised Code provision or for a violation of a municipal ordinance that is subject to division (A) of this section shall be reasonably calculated to achieve
the two
overriding
purposes of
misdemeanor sentencing set forth in
division (A) of
this section,
commensurate with and not demeaning
to the
seriousness of the offender's
conduct and its impact
upon
the
victim, and consistent with sentences imposed for similar
offenses
committed by similar
offenders. (C)
A court that imposes a sentence upon an offender for a
misdemeanor or minor misdemeanor
violation of a Revised Code provision or for a violation of a municipal ordinance that is subject to division (A) of this section shall not
base the sentence upon
the race, ethnic background,
gender, or
religion of the offender.
(D) Divisions (A) and (B) of this section shall not apply to any offense that is disposed of by a traffic violations bureau of any court pursuant to Traffic Rule 13 and shall not apply to any violation of any provision of the Revised Code that is a minor misdemeanor and that is disposed of without a court appearance. Divisions (A) to (C) of this section do not affect any penalties established by a municipal corporation for a violation of its ordinances.
Sec. 2929.28. (A) In addition to imposing court costs
pursuant to section 2947.23 of the Revised Code, the court
imposing a sentence upon an
offender
for a misdemeanor, including
a minor misdemeanor, may
sentence the offender to any financial
sanction or
combination of
financial sanctions authorized under
this section.
Financial
If the court in its discretion imposes one or more financial sanctions, the financial sanctions that may be imposed pursuant to
this section
include,
but are not limited to, the following: (1) Restitution Unless the misdemeanor offense is a minor misdemeanor or could be disposed of by the traffic violations bureau serving the court under Traffic Rule 13, restitution by the offender to the victim of the
offender's
crime or any survivor of the victim, in an amount based
on the victim's
economic loss. The court may not impose restitution as a sanction pursuant to this division if the offense is a minor misdemeanor or could be disposed of by the traffic violations bureau serving the court under Traffic Rule 13. If the court requires restitution, the court shall order that the
restitution be made to
the victim in open court or to the adult
probation department that
serves the jurisdiction or the clerk of
the court on behalf of the
victim. The order may include a
requirement that reimbursement be
made to third parties, other
than the offender's insurer, for
amounts paid to the victim or any
survivor of the victim for
economic loss resulting from the
offense. If reimbursement to
third parties is required, the
offender shall make the reimbursement
to any
governmental agency
to repay any amounts paid by the agency to the
victim or survivor
before the offender makes any reimbursement to any other
person. The If the court imposes restitution, the court shall determine, or order to be determined, the
amount
of restitution to be paid by the offender. The If the court imposes restitution, the court may
base the amount of restitution it orders on an
amount recommended
by the victim, the offender, a presentence
investigation report,
estimates or receipts indicating the cost of
repairing or
replacing property, and other information, provided that the amount the court orders as restitution shall not exceed the amount of the economic loss suffered by the victim as a direct and proximate result of the commission of the offense. The If the court decides to impose restitution, the court
shall hold a
an evidentiary hearing on restitution if the offender, victim, or
survivor
disputes the amount of restitution. If the court holds an evidentiary hearing, at the hearing the victim or survivor has the burden to prove by a preponderance of the evidence the amount of restitution sought from the offender.
All restitution
payments
shall be credited against any
recovery of economic loss
in a civil
action brought by the victim
or any survivor of the
victim against
the offender. The If the court imposes restitution, the court may order that the offender pay a surcharge, of not
more
than five per cent of the amount of the restitution otherwise
ordered,
to the entity responsible for collecting and processing
restitution
payments.
The victim or survivor may request that the prosecuting
attorney
prosecutor in the case file a motion, or the offender may file a motion, for
modification of
the payment terms of any restitution ordered. If
the court grants the motion, it may modify the payment terms as it
determines appropriate. (2) A fine of the type described in divisions
(A)(2)(a) and
(b) of this section payable to the appropriate
entity as required
by law: (a) A fine in the following amount: (i) For a misdemeanor of the first degree, not more than one
thousand dollars; (ii) For a misdemeanor of the second degree, not more than
seven
hundred fifty dollars; (iii) For a misdemeanor of the third degree, not more than
five
hundred dollars; (iv) For a misdemeanor of the fourth degree, not more than
two
hundred fifty dollars; (v) For a minor misdemeanor, not more than one hundred fifty
dollars. (b) A state fine or cost as defined in section 2949.111 of
the
Revised Code. (3)(a) Reimbursement by the offender of any or all of the
costs
of sanctions incurred by the government, including, but not
limited to,
the following: (i) All or part of the costs of implementing any community
control
sanction, including a supervision fee under section
2951.021 of the
Revised Code; (ii) All or part of the costs of confinement in a jail or
other
residential facility, including, but not limited to, a per
diem fee for room
and board, the costs of
medical and dental
treatment, and the costs of repairing property
damaged by the
offender while confined. (b) The amount of reimbursement ordered under
division
(A)(3)(a)
of this section shall not exceed the total
amount of
reimbursement
the offender
is able to pay and shall not
exceed the
actual cost of the sanctions. The court may collect
any amount of
reimbursement
the offender is required to pay under
that division.
If the court
does not order reimbursement under
that division,
confinement
costs may be assessed pursuant to a
repayment policy
adopted under
section 2929.37 of the Revised
Code. In addition,
the offender may be required to pay the fees specified in section
2929.38 of the Revised Code in accordance with that section. (B) If the court determines a hearing is necessary, the
court
may hold a hearing to determine whether the offender is able
to
pay the financial sanction imposed pursuant to this section or
court costs or is likely
in
the future to be able to pay the
sanction or costs. If the court determines that the offender is indigent and
unable to pay the financial sanction or court costs, the court
shall consider imposing and
may impose a term of community service
under
division (A) of
section 2929.27 of the Revised Code
in lieu
of
imposing a
financial sanction or court costs. If the court
does not determine that the
offender is indigent, the court may
impose a term of community
service
under division (A) of section
2929.27
of the Revised Code
in lieu of or in addition to
imposing
a financial sanction under
this section and in addition to
imposing court costs. The court may order
community service for a
minor
misdemeanor pursuant to division (C) of
section 2929.27 of
the
Revised
Code in lieu of or in addition to
imposing a financial
sanction
under this section and in addition to imposing court
costs. If a person
fails to pay a financial
sanction or court
costs, the court
may order community
service in lieu of the
financial sanction or court costs. (C)(1) The offender shall pay reimbursements imposed upon
the
offender pursuant to division (A)(3) of this section to pay
the
costs incurred by a county pursuant to any sanction imposed
under this section
or section 2929.26
or 2929.27 of the Revised
Code
or in operating a facility used to
confine offenders pursuant
to a sanction imposed under section 2929.26 of
the Revised Code to
the county treasurer. The county
treasurer shall deposit the
reimbursements in the county's general fund.
The county shall use the
amounts
deposited in the fund to pay the
costs incurred by the
county
pursuant to any sanction imposed
under this section or
section
2929.26 or 2929.27 of the Revised
Code or in
operating a
facility
used to confine offenders pursuant
to a sanction imposed under
section 2929.26 of the Revised Code. (2) The offender shall pay reimbursements imposed upon the
offender pursuant to division (A)(3) of this section to pay the
costs incurred by a municipal corporation pursuant to any sanction
imposed under this section or section 2929.26 or 2929.27 of the
Revised Code or in operating a
facility used to confine offenders
pursuant to a sanction imposed under
section 2929.26 of the
Revised Code to the treasurer of the
municipal corporation. The
treasurer shall deposit the reimbursements in the municipal
corporation's general fund. The municipal corporation
shall use the amounts
deposited in the fund to pay the costs
incurred by the municipal
corporation pursuant to any sanction
imposed under this section or
section 2929.26 or 2929.27 of the
Revised Code or in operating a
facility used to confine offenders pursuant to a sanction imposed
under
section 2929.26 of the Revised Code. (3) The offender shall pay reimbursements imposed pursuant
to
division (A)(3) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section
or
section 2929.26 or 2929.27 of the Revised Code to the
provider. (D) Except as otherwise provided in this division, a
financial
sanction imposed under division (A) of this section is a
judgment
in favor of the state or the political subdivision that
operates the court
that imposed the
financial sanction, and the offender subject to the financial sanction is the judgment debtor. A
financial sanction of reimbursement imposed
pursuant to division
(A)(3)(a)(i) of this
section upon an
offender is a judgment in
favor of the entity administering the community
control sanction, and the offender subject to the financial sanction is the judgment debtor.
A financial sanction of
reimbursement imposed pursuant to
division
(A)(3)(a)(ii) of this
section upon an offender confined in
a jail
or other residential facility is a
judgment in favor of
the
entity
operating the jail or other residential facility, and the offender subject to the financial sanction is the judgment debtor. A
financial
sanction of restitution
imposed pursuant to division
(A)(1) of
this section is a judgment an order
in favor of the victim of the
offender's criminal act. The offender subject
to the financial
sanction is the judgment debtor that can be collected through execution as described in division (D)(1) of this section or through an order as described in division (D)(2) of this section and the offender shall be considered for purposes of the collection as the judgment debtor. Once the financial sanction is imposed as a judgment or order under this division, the
victim,
private provider, state, or political subdivision may
bring an action to
do any of the following: (1) Obtain execution of the judgment or order through any available
procedure, including any of the procedures identified in divisions
(D)(1)(a) to (e) of section 2929.18 of the Revised Code. (2) Obtain an order for the assignment of wages of the
judgment
debtor under section 1321.33 of the Revised Code. (E) The civil remedies authorized under division (D) of
this
section for the collection of the financial sanction supplement,
but do
not preclude, enforcement of the criminal sentence. (F) Each court imposing a financial sanction upon an
offender
under this section may designate the clerk of the court
or another
person to collect the financial sanction. The clerk,
or another person
authorized by law or the
court to collect the
financial sanction may do the following: (1) Enter into contracts with one or more public agencies or
private vendors for the collection of amounts due under the
sanction.
Before entering into a contract for the collection of
amounts due from
an offender pursuant to any financial sanction
imposed pursuant to this
section, a court shall comply with
sections 307.86 to 307.92 of
the Revised Code. (2) Permit payment of all or any portion of the sanction in
installments, by financial transaction device if the court is a
county court or a municipal court operated by a county, by credit
or debit card or by another electronic
transfer if the court is a
municipal court not operated by a county,
or by any other
reasonable method, in any time, and on
any terms
that court
considers just, except that the maximum time
permitted
for payment
shall not exceed five years. If the court is a county court or a
municipal court operated by a county, the acceptance of payments
by any financial transaction device shall be governed by the
policy adopted by the board of county commissioners of the county
pursuant to section 301.28 of the Revised Code. If the court is a
municipal court not operated by a county, the clerk may
pay any
fee associated with processing an electronic transfer out
of
public money or may charge the fee to the offender. (3) To defray administrative costs, charge a reasonable fee
to an
offender who elects a payment plan rather than a lump sum
payment of any
financial sanction. (G) No financial sanction imposed under this section shall
preclude a victim from bringing a civil action against the
offender.
Sec. 2941.1413. (A) Imposition of a five-year mandatory
prison term upon an offender under division (D)(5) of section
2929.14 of the Revised Code is precluded unless the offender is
convicted of or pleads guilty to violating division (A)(1) or (2)
of section 2903.06 of the Revised Code and unless the indictment,
count in the indictment, or information charging the offense
specifies that the victim of the offense is a peace officer.
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 victim of the offense is a peace officer)."
(B) The specification described in division (A) of this
section may be used in a delinquent child proceeding in the manner
and for the purpose described in section 2152.17 of the Revised
Code.
(C) As used in this section, "peace officer" has the same
meaning as in section 2935.01 of the Revised Code.
Sec. 2941.1414. (A) Imposition of a three-year mandatory
prison term upon an offender under division (D)(6) of section
2929.14 of the Revised Code is precluded unless the offender is
convicted of or pleads guilty to violating division (A)(1) or (2)
of section 2903.06 of the Revised Code and unless the indictment,
count in the indictment, or information charging the offense
specifies that the offender previously has been convicted of or
pleaded guilty to three or more violations of division (A) or (B) of
section 4511.19 of the Revised Code or an equivalent offense, or three or more violations of any combination of those divisions and 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 previously has been convicted of or pleaded
guilty to three or more violations of division (A) or (B) of section
4511.19 of the Revised Code or an equivalent offense, or three or more violations of any combination of those divisions and offenses)."
(B) The specification described in division (A) of this
section may be used in a delinquent child proceeding in the manner
and for the purpose described in section 2152.17 of the Revised
Code.
(C) As used in this section, "equivalent offense" has the same meaning as in section 4511.181 of the Revised Code.
Sec. 4510.021. (A) Unless expressly prohibited by
section
2919.22, section 4510.13, or any other section of
the
Revised
Code, a court may grant limited driving
privileges for any
purpose
described in division (A)(1), (2), or (3) of this
section
during
any
suspension imposed by the court. In granting
the
privileges,
the
court shall specify the purposes, times, and
places of the
privileges and may impose any other reasonable
conditions on the
person's
driving of a motor vehicle. The
privileges shall be for
any of the following
limited purposes: (1) Occupational,
educational,
vocational, or medical
purposes; (2) Taking the driver's
or commercial driver's
license
examination; (3) Attending
court-ordered treatment. (B) Unless expressly authorized by a section of the
Revised
Code,
a court may not grant limited driving privileges during any
suspension imposed by the bureau of motor vehicles. To obtain
limited driving privileges during a suspension imposed by the
bureau, the person under suspension may file a petition may be filed in a court of record in the county
in which the person under suspension resides. A person who is
not
a resident of this state shall file any petition for privileges either
in
the Franklin county municipal court, or, if in the municipal or county court located in the county where the offense occurred. If the person who is not a resident of this state is a minor, the person may file the petition either
in the Franklin county juvenile court or in the juvenile court with jurisdiction over the offense. If a court grants limited
driving privileges as described in this division, the privileges
shall be for any of the limited purposes identified in division
(A) of this section. (C) When the use of an immobilizing or disabling device is
not
otherwise required by law, the court, as a condition of
granting
limited driving privileges, may require that the person's
vehicle be equipped with an immobilizing or disabling device,
except as provided in
division (C) of section 4510.43 of the
Revised
Code. When the use
of restricted license plates issued
under section 4503.231 of the Revised Code is not
otherwise
required by law, the
court, as a condition of granting limited
driving privileges, may require that
the person's vehicle be
equipped with
restricted license
plates of that nature, except as
provided in
division (B) of that section. (D) When the court grants limited
driving privileges under
section 4510.31 of the Revised Code or
any other provision of law
during the suspension of the temporary
instruction permit or
probationary driver's license of a person
who is under eighteen
years of age, the court may include as a
purpose of the privilege
the person's practicing of driving with
the person's parent,
guardian, or other custodian during the
period of the suspension.
If the court grants limited driving
privileges for this purpose,
the court, in addition to all other
conditions it imposes, shall
impose as a condition that the person
exercise the privilege only
when a parent, guardian, or custodian
of the person who holds a
current valid driver's or commercial
driver's license issued by
this state actually occupies the seat
beside the person in the
vehicle the person is operating. (E) Before granting limited driving privileges under this
section, the court
shall require the offender to provide proof of
financial responsibility
pursuant to section 4509.45 of the
Revised Code. Sec. 4510.12. (A)(1) No person, except those expressly
exempted
under sections 4507.03, 4507.04, and 4507.05 of the
Revised
Code,
shall operate any motor vehicle upon a public road
or highway or any public or
private property used by the public
for purposes of vehicular travel
or parking in this state unless
the person has a valid driver's license
issued under Chapter 4507.
of the Revised Code or a
commercial driver's license issued under
Chapter 4506. of the
Revised Code. (2) No person, except a person expressly exempted under
sections
4507.03, 4507.04, and 4507.05 of the Revised Code, shall
operate
any motorcycle upon a public road or highway or any public
or private property
used by the public for purposes of vehicular
travel or parking in
this state unless the person has a valid
license as a motorcycle
operator that was issued upon application
by the registrar of motor vehicles
under Chapter 4507. of the
Revised Code. The license shall be in the form of an
endorsement,
as determined by the registrar, upon a driver's or commercial
driver's license, if the person has a valid license to operate a
motor vehicle or commercial motor vehicle, or in the form of a
restricted license as provided in section 4507.14 of the Revised
Code, if the person does not have a valid license to operate a
motor
vehicle or commercial motor
vehicle. (B) Whoever violates this section is guilty of operating a
motor
vehicle without a valid license and shall be punished as
follows: (1) If the trier of fact finds that the offender never has held a valid driver's or commercial driver's license issued by this state or any other jurisdiction, the offense is a misdemeanor of the first degree. (2)(a) Subject to division (B)(2)(b) of this section, if the offender's driver's or commercial driver's
license or permit
was
expired at the time of the offense for no
more than six months, subject to
divisions (B)(3) to (5) of this
section, the offense is
a minor
misdemeanor. (2) If and if the offender's driver's or commercial driver's
license or permit
was expired at the time of the offense for more
than six
months, subject to divisions (B)(3) to (5) of this
section, the
offense is a misdemeanor of the fourth degree.
(3)(b)(i) If the offender previously was convicted of or pleaded
guilty to one
violation
of this section or a substantially
equivalent municipal ordinance within the
past three years, the
offense is a
misdemeanor of the third degree.
(4)(ii) If the offender previously was convicted of or pleaded
guilty to two
violations
of this section or a substantially
equivalent municipal ordinance within the
past three years, the
offense is a
misdemeanor of the second degree.
(5)(iii) If the offender previously was convicted of or pleaded
guilty to three
or more
violations of this section or a
substantially equivalent municipal ordinance
within the past three
years, the offense is a
misdemeanor of the first degree.
(C) The court shall not impose a license suspension for a
first
violation of this section
or if more than three years have
passed since the offender's last violation of
this section or a
substantially equivalent municipal ordinance. (D) If the offender was convicted of or pleaded guilty to
one or
more violations of
this section or a substantially
equivalent municipal ordinance within the past
three years, and if
the offender's license was
expired for more than six months at the
time of the offense, the court shall
impose a class seven
suspension of the offender's driver license, commercial
driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in
division
(A)(7) of section 4510.02 of the Revised
Code. Sec. 4510.15. Whenever a person is found guilty
of
reckless
operation of a motor vehicle under the
laws of this state,
or under
any ordinance of any political
subdivision of this state, of operating a motor vehicle in violation of any such law or ordinance relating to reckless operation,
the
trial court of any
court of record, in
addition to or independent
of all other
penalties provided by
law,
may impose a class five
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. Suspension of a commercial driver's license under this
section shall be concurrent with any period of
suspension
disqualification
under section
3123.58 or 4506.16 of the
Revised
Code.
No person who
is disqualified for life from holding
a
commercial driver's license
under section 4506.16 of the Revised
Code shall be issued a
driver's license under
Chapter
4507. of
the Revised Code during the period for which
the
commercial
driver's license was suspended under this section,
and
no person
whose commercial driver's license is suspended
under
this section
shall be issued a driver's license under
Chapter 4507. of the
Revised Code during the period of the
suspension. Sec. 4510.16. (A)
No person, whose driver's or commercial
driver's license or temporary instruction permit or nonresident's
operating
privilege has been
suspended or canceled pursuant to
Chapter 4509. of the
Revised
Code, shall operate any motor vehicle
within this state, or knowingly
permit any motor vehicle owned by
the person to be operated by
another person in the state, during
the period of the suspension or
cancellation, except as
specifically authorized by Chapter
4509. of the Revised Code. No
person shall operate a motor
vehicle within this state, or
knowingly permit any motor vehicle owned by the person to be
operated by another person in the state,
during the period in
which the person is required by section 4509.45 of
the Revised
Code to file and maintain proof of financial
responsibility for a
violation of section 4509.101 of the Revised
Code, unless proof of
financial responsibility is
maintained with respect to that
vehicle. (B)(1) Whoever violates this section is guilty of driving
under
financial responsibility law suspension or cancellation, a
misdemeanor of the first degree. The court shall impose a class
seven
suspension of the offender's driver's or
commercial driver's
license or permit or nonresident operating
privilege for
the
period of time specified in division (A)(7) of
section 4510.02 of
the
Revised Code. (2) If the vehicle is registered in
the offender's name, the
court, in addition to or independent of
any other
sentence that it
imposes upon the offender, shall do one of the following: (a) Except as otherwise provided in division (B)(2)(b) or (c)
of this section, order
the
immobilization for thirty days of the
vehicle involved in the
offense and the
impoundment for thirty
days of the license plates
of that vehicle; (b) If, within five years of the offense, the offender previously has been convicted of or
pleaded guilty to
one violation of
this section or a substantially
similar municipal ordinance,
order
the immobilization for
sixty
days of the vehicle involved in the
offense and impoundment for
sixty
days of the license plates of
that vehicle; (c) If, within five years of the offense, the offender previously has been convicted of or
pleaded guilty to
two or more
violations of this section or a
substantially similar municipal
ordinance, order the criminal
forfeiture
to the state of the
vehicle involved in the offense.
If
title to a motor vehicle that
is subject to an order for
criminal
forfeiture under this division
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 from any fine so imposed shall
be distributed in
accordance with division (C)(2) of that section. (C) Any order for immobilization and impoundment under this
section shall be issued and enforced in accordance with sections
4503.233 and
4507.02
of the Revised Code, as applicable. Any
order of criminal
forfeiture
shall be issued and enforced in
accordance with section 4503.234 of the
Revised Code. The court
shall not release a vehicle from
immobilization orders under this
section unless the court is presented with
current proof of
financial responsibility with
respect to that vehicle. Sec. 4510.54. (A) A person whose driver's or commercial
driver's
license has been suspended for life under a class one
suspension or as
otherwise provided by law or has been suspended
for a period in excess of
fifteen years under a class two
suspension may file a motion with the
sentencing
court for
modification or
termination of the suspension. A motion under
this division may be heard only
once. The person filing the
motion
shall demonstrate all of the following: (1) At least fifteen years have elapsed since the suspension
began. (2) For the past fifteen years, the person has not been
found
guilty of any felony, any offense involving a moving
violation under
federal law, the law of this state, or the law of
any of its political
subdivisions, or any violation of a
suspension under this chapter or a
substantially equivalent
municipal ordinance. (3) The person has proof of financial responsibility, a
policy of
liability insurance in effect that meets the minimum
standard set forth
in section 4509.51 of the Revised Code, or
proof, to the
satisfaction of the registrar of motor vehicles,
that the person is able to respond in damages in an amount at
least equal to the minimum amounts specified
in that section. (4) If the suspension was imposed because the person was
under
the influence of alcohol, a drug of abuse, or combination of
them at the
time of the offense or because at the time of the
offense the person's whole blood, blood serum or plasma, breath,
or urine contained at least the concentration of alcohol specified
in division (A)(2), (3), (4), or (5) of section 4511.19 of the
Revised Code, the person also shall demonstrate
all of the
following: (a) The person successfully completed an alcohol, drug, or
alcohol and drug treatment program. (b) The person has not abused alcohol or other drugs for a
period
satisfactory to the court. (c) For the past fifteen years, the person has not been
found
guilty of any alcohol-related or drug-related offense. (B) Upon receipt of a motion for modification or termination
of
the suspension under this section, the court may schedule a
hearing on the
motion. The court may deny the motion without a hearing but shall not grant the motion without a hearing. If the court denies a motion without a hearing, the court may consider a subsequent motion filed under this section by that person. If a court denies the motion after a hearing, the court shall not consider a subsequent motion for that person. The court shall hear only one motion filed by a person under this section. If scheduled, the hearing shall be
conducted
in open court within ninety days after the date on which
the
motion is filed. (C) The court shall notify the person whose license was
suspended
and the prosecuting attorney of the date, time, and
location of the hearing.
Upon receipt of the
notice from the
court, the prosecuting attorney shall notify the
victim or the
victim's representative of the date, time, and location of the
hearing. (D) At any hearing under this section, the person who seeks
modification or termination of the suspension has the burden to
demonstrate,
under oath, that the person meets the requirements
of
division (A) of this section. At the hearing, the court
shall
afford the offender or the offender's counsel an opportunity
to
present oral or written information relevant to the motion.
The
court shall afford a similar opportunity to provide relevant
information to the prosecuting attorney and the victim or victim's
representative. Before ruling on the motion, the court shall take into
account the
person's driving record, the nature of the offense
that led to the
suspension, and the impact of the offense on any
victim. In addition,
if the offender is eligible for modification
or termination of the
suspension under division (A)(2) of this
section, the court shall
consider whether the person committed any
other offense while under suspension
and determine whether the
offense is relevant to a determination under this
section. The
court may modify or terminate the suspension subject to any
considerations it considers proper if it finds that allowing the
person to drive is not likely to present a danger to the public.
After the court makes a ruling on a motion filed under this
section, the
prosecuting attorney shall notify the victim
or the
victim's representative of the court's ruling. (E) If a court modifies a person's license suspension under
this
section and the person subsequently is found guilty of any
moving violation or
of
any substantially equivalent municipal
ordinance
that carries as a possible penalty the suspension of a
person's
driver's or commercial driver's license, the court may
reimpose
the class one or other lifetime suspension, or the class
two suspension,
whichever is applicable.
Sec. 4511.01. As used in this chapter and in Chapter 4513.
of the Revised Code: (A) "Vehicle" means every device, including a motorized
bicycle, in, upon, or by which any person or property may be
transported or drawn upon a highway, except
that "vehicle" does
not include any motorized
wheelchair,
any electric personal
assistive mobility
devices
device, any
device that is moved
by
power collected from overhead
electric
trolley wires or
that is
used exclusively upon stationary rails
or tracks,
or any device,
other than
a
bicycle, that is moved by human power. (B) "Motor vehicle" means every vehicle propelled or drawn
by power other than muscular power or power collected from
overhead electric trolley wires, except motorized bicycles, road
rollers, traction engines, power shovels, power cranes, and other
equipment used in construction work and not designed for or
employed in general highway transportation, hole-digging
machinery, well-drilling machinery, ditch-digging machinery, farm
machinery, trailers used to transport agricultural produce or
agricultural production materials between a local place of
storage
or supply and the farm when drawn or towed on a street or
highway
at a speed of twenty-five miles per hour or less,
threshing
machinery, hay-baling machinery, agricultural tractors
and
machinery used in the production of horticultural,
floricultural,
agricultural, and vegetable products, and trailers
designed and
used exclusively to transport a boat between a place
of storage
and a marina, or in and around a marina, when drawn or
towed on a
street or highway for a distance of no more than ten
miles and at
a speed of twenty-five miles per hour or less. (C) "Motorcycle" means every motor vehicle, other than a
tractor, having a saddle for the use of the operator and designed
to travel on not more than three wheels in contact with the
ground, including, but not limited to, motor vehicles known as
"motor-driven cycle," "motor scooter," or "motorcycle" without
regard to weight or brake horsepower. (D) "Emergency vehicle" means emergency vehicles of
municipal, township, or county departments or public utility
corporations when identified as such as required by law, the
director of public safety, or local authorities, and motor
vehicles when commandeered by a police officer. (E) "Public safety vehicle" means any of the following: (1) Ambulances, including private ambulance companies
under
contract to a municipal corporation, township, or county,
and
private ambulances and nontransport vehicles bearing license
plates issued under section 4503.49 of the Revised Code; (2) Motor vehicles used by public law enforcement officers
or other persons sworn to enforce the criminal and traffic laws
of
the state; (3) Any motor vehicle when properly identified as required
by the director of public safety, when used in response to fire
emergency calls or to provide emergency medical service to ill or
injured persons, and when operated by a duly qualified person who
is a member of a volunteer rescue service or a volunteer fire
department, and who is on duty pursuant to the rules or
directives
of that service. The state fire marshal shall be
designated by
the director of public safety as the certifying
agency for all
public safety vehicles described in division
(E)(3) of this
section. (4) Vehicles used by fire departments, including motor
vehicles when used by volunteer fire fighters responding
to
emergency
calls in the fire department service when identified as
required
by the director of public safety. Any vehicle used to transport or provide emergency medical
service to an ill or injured person, when certified as a public
safety vehicle, shall be considered a public safety vehicle when
transporting an ill or injured person to a hospital regardless of
whether such vehicle has already passed a hospital. (5) Vehicles used by the commercial motor vehicle safety
enforcement unit for the enforcement of orders and rules of the
public
utilities commission as specified in section 5503.34 of the
Revised Code. (F) "School bus" means every bus designed for carrying
more
than nine passengers that is owned by a public,
private, or
governmental agency or institution of learning and operated for
the transportation of children to or from a school session or a
school function, or owned by a private person and operated for
compensation for the transportation of children to or from a
school session or a school function, provided "school bus" does
not include a bus operated by a municipally owned transportation
system, a mass transit company operating exclusively within the
territorial limits of a municipal corporation, or within such
limits and the territorial limits of municipal corporations
immediately contiguous to such municipal corporation, nor a
common
passenger carrier certified by the public utilities
commission
unless such bus is devoted exclusively to the
transportation of
children to and from a school session or a
school function, and
"school bus" does not include a van or bus
used by a licensed
child day-care center or type A family
day-care home to transport
children from the child day-care
center or type A family day-care
home to a school if the van or
bus does not have more than fifteen
children in the van or bus at
any time. (G) "Bicycle" means every device, other than a tricycle
designed solely for use as a play vehicle by a child, propelled
solely by human power upon which any person may ride having
either
two tandem wheels, or one wheel in the front and two
wheels in the
rear, any of which is more than fourteen inches in
diameter. (H) "Motorized bicycle" means any vehicle having either
two
tandem wheels or one wheel in the front and two wheels in the
rear, that is capable of being pedaled and is equipped with a
helper motor of not more than fifty cubic centimeters piston
displacement that produces no more than one brake
horsepower and
is capable of propelling the vehicle at a speed of no greater
than
twenty miles per hour on a level surface. (I) "Commercial tractor" means every motor vehicle having
motive power designed or used for drawing other vehicles and not
so constructed as to carry any load thereon, or designed or used
for drawing other vehicles while carrying a portion of such other
vehicles, or load thereon, or both. (J) "Agricultural tractor" means every self-propelling
vehicle designed or used for drawing other vehicles or wheeled
machinery but having no provision for carrying loads
independently
of such other vehicles, and used principally for
agricultural
purposes. (K) "Truck" means every motor vehicle, except trailers and
semitrailers, designed and used to carry property. (L) "Bus" means every motor vehicle designed for carrying
more than nine passengers and used for the transportation of
persons other than in a ridesharing arrangement, and every motor
vehicle, automobile for hire, or funeral car, other than a
taxicab
or motor vehicle used in a ridesharing arrangement,
designed and
used for the transportation of persons for
compensation. (M) "Trailer" means every vehicle designed or used for
carrying persons or property wholly on its own structure and for
being drawn by a motor vehicle, including any such vehicle when
formed by or operated as a combination of a "semitrailer" and a
vehicle of the dolly type, such as that commonly known as a
"trailer dolly," a vehicle used to transport agricultural produce
or agricultural production materials between a local place of
storage or supply and the farm when drawn or towed on a street or
highway at a speed greater than twenty-five miles per hour, and a
vehicle designed and used exclusively to transport a boat between
a place of storage and a marina, or in and around a marina, when
drawn or towed on a street or highway for a distance of more than
ten miles or at a speed of more than twenty-five miles per hour. (N) "Semitrailer" means every vehicle designed or used for
carrying persons or property with another and separate motor
vehicle so that in operation a part of its own weight or that of
its load, or both, rests upon and is carried by another vehicle. (O) "Pole trailer" means every trailer or semitrailer
attached to the towing vehicle by means of a reach, pole, or by
being boomed or otherwise secured to the towing vehicle, and
ordinarily used for transporting long or irregular shaped loads
such as poles, pipes, or structural members capable, generally,
of
sustaining themselves as beams between the supporting
connections. (P) "Railroad" means a carrier of persons or property
operating upon rails placed principally on a private
right-of-way. (Q) "Railroad train" means a steam engine or an electric
or
other motor, with or without cars coupled thereto, operated by
a
railroad. (R) "Streetcar" means a car, other than a railroad train,
for transporting persons or property, operated upon rails
principally within a street or highway. (S) "Trackless trolley" means every car that collects its
power from overhead electric trolley wires and that is not
operated upon rails or tracks. (T) "Explosives" means any chemical compound or mechanical
mixture that is intended for the purpose of producing an
explosion
that contains any oxidizing and combustible units or
other
ingredients in such proportions, quantities, or packing
that an
ignition by fire, by friction, by concussion, by
percussion, or by
a detonator of any part of the compound or
mixture may cause such
a sudden generation of highly heated gases
that the resultant
gaseous pressures are capable of producing
destructive effects on
contiguous objects, or of destroying life
or limb. Manufactured
articles shall not be held to be
explosives when the individual
units contain explosives in such
limited quantities, of such
nature, or in such packing, that it
is impossible to procure a
simultaneous or a destructive
explosion of such units, to the
injury of life, limb, or property
by fire, by friction, by
concussion, by percussion, or by a
detonator, such as fixed
ammunition for small arms, firecrackers,
or safety fuse matches. (U) "Flammable liquid" means any liquid that has a flash
point of seventy degrees Fahrenheit, or less, as determined by a
tagliabue or equivalent closed cup test device. (V) "Gross weight" means the weight of a vehicle plus the
weight of any load thereon. (W) "Person" means every natural person, firm,
co-partnership, association, or corporation. (X) "Pedestrian" means any natural person afoot. (Y) "Driver or operator" means every person who drives or
is
in actual physical control of a vehicle, trackless trolley, or
streetcar. (Z) "Police officer" means every officer authorized to
direct or regulate traffic, or to make arrests for violations of
traffic regulations. (AA) "Local authorities" means every county, municipal,
and
other local board or body having authority to adopt police
regulations under the constitution and laws of this state. (BB) "Street" or "highway" means the entire width between
the boundary lines of every way open to the use of the public as
a
thoroughfare for purposes of vehicular travel. (CC) "Controlled-access highway" means every street or
highway in respect to which owners or occupants of abutting lands
and other persons have no legal right of access to or from the
same except at such points only and in such manner as may be
determined by the public authority having jurisdiction over such
street or highway. (DD) "Private road or driveway" means every way or place
in
private ownership used for vehicular travel by the owner and
those
having express or implied permission from the owner but not
by
other persons. (EE) "Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel, except the
berm
or shoulder. If a highway includes two or more separate
roadways
the term "roadway" means any such roadway separately but
not all
such roadways collectively. (FF) "Sidewalk" means that portion of a street between the
curb lines, or the lateral lines of a roadway, and the adjacent
property lines, intended for the use of pedestrians. (GG) "Laned highway" means a highway the roadway of which
is
divided into two or more clearly marked lanes for vehicular
traffic. (HH) "Through highway" means every street or highway as
provided in section 4511.65 of the Revised Code. (II) "State highway" means a highway under the
jurisdiction
of the department of transportation, outside the
limits of
municipal corporations, provided that the authority
conferred upon
the director of transportation in section 5511.01
of the Revised
Code to erect state highway route markers and
signs directing
traffic shall not be modified by sections 4511.01
to 4511.79 and
4511.99 of the Revised Code. (JJ) "State route" means every highway that is designated
with an official state route number and so marked. (KK) "Intersection" means: (1) The area embraced within the prolongation or
connection
of the lateral curb lines, or, if none, then the
lateral boundary
lines of the roadways of two highways which join
one another at,
or approximately at, right angles, or the area
within which
vehicles traveling upon different highways joining
at any other
angle may come in conflict. (2) Where a highway includes two roadways thirty feet or
more apart, then every crossing of each roadway of such divided
highway by an intersecting highway shall be regarded as a
separate
intersection. If an intersecting highway also includes
two
roadways thirty feet or more apart, then every crossing of
two
roadways of such highways shall be regarded as a separate
intersection. (3) The junction of an alley with a street or highway, or
with another alley, shall not constitute an intersection. (1) That part of a roadway at intersections ordinarily
included within the real or projected prolongation of property
lines and curb lines or, in the absence of curbs, the edges of
the
traversable roadway; (2) Any portion of a roadway at an intersection or
elsewhere, distinctly indicated for pedestrian crossing by lines
or other markings on the surface; (3) Notwithstanding divisions (LL)(1) and (2) of this
section, there shall not be a crosswalk where local authorities
have placed signs indicating no crossing. (MM) "Safety zone" means the area or space officially set
apart within a roadway for the exclusive use of pedestrians and
protected or marked or indicated by adequate signs as to be
plainly visible at all times. (NN) "Business district" means the territory fronting upon
a
street or highway, including the street or highway, between
successive intersections within municipal corporations where
fifty
per cent or more of the frontage between such successive
intersections is occupied by buildings in use for business, or
within or outside municipal corporations where fifty per cent or
more of the frontage for a distance of three hundred feet or more
is occupied by buildings in use for business, and the character
of
such territory is indicated by official traffic control
devices. (OO) "Residence district" means the territory, not
comprising a business district, fronting on a street or highway,
including the street or highway, where, for a distance of three
hundred feet or more, the frontage is improved with residences or
residences and buildings in use for business. (PP) "Urban district" means the territory contiguous to
and
including any street or highway which is built up with
structures
devoted to business, industry, or dwelling houses
situated at
intervals of less than one hundred feet for a
distance of a
quarter of a mile or more, and the character of
such territory is
indicated by official traffic control devices. (QQ) "Traffic control devices" means all flaggers, signs,
signals, markings, and devices placed or erected by authority of
a
public body or official having jurisdiction, for the purpose of
regulating, warning, or guiding traffic, including signs denoting
names of streets and highways. (RR) "Traffic control signal" means any device, whether
manually, electrically, or mechanically operated, by which
traffic
is alternately directed to stop, to proceed, to change
direction,
or not to change direction. (SS) "Railroad sign or signal" means any sign, signal, or
device erected by authority of a public body or official or by a
railroad and intended to give notice of the presence of railroad
tracks or the approach of a railroad train. (TT) "Traffic" means pedestrians, ridden or herded
animals,
vehicles, streetcars, trackless trolleys, and other
devices,
either singly or together, while using any highway for
purposes of
travel. (UU) "Right-of-way" means either of the following, as the
context requires: (1) The right of a vehicle, streetcar, trackless trolley,
or
pedestrian to proceed uninterruptedly in a lawful manner in
the
direction in which it or the individual is moving in
preference to
another vehicle, streetcar, trackless trolley, or pedestrian
approaching from a different direction into its or the
individual's path; (2) A general term denoting land, property, or the
interest
therein, usually in the configuration of a strip,
acquired for or
devoted to transportation purposes. When used in
this context,
right-of-way includes the roadway, shoulders or
berm, ditch, and
slopes extending to the right-of-way limits
under the control of
the state or local authority. (VV) "Rural mail delivery vehicle" means every vehicle
used
to deliver United States mail on a rural mail delivery
route. (WW) "Funeral escort vehicle" means any motor vehicle,
including a funeral hearse, while used to facilitate the movement
of a funeral procession. (XX) "Alley" means a street or highway intended to provide
access to the rear or side of lots or buildings in urban
districts
and not intended for the purpose of through vehicular
traffic, and
includes any street or highway that has been
declared an "alley"
by the legislative authority of the municipal
corporation in which
such street or highway is located. (YY) "Freeway" means a divided multi-lane highway for
through traffic with all crossroads separated in grade and with
full control of access. (ZZ) "Expressway" means a divided arterial highway for
through traffic with full or partial control of access with an
excess of fifty per cent of all crossroads separated in grade. (AAA) "Thruway" means a through highway whose entire
roadway
is reserved for through traffic and on which roadway
parking is
prohibited. (BBB) "Stop intersection" means any intersection at one or
more entrances of which stop signs are erected. (CCC) "Arterial street" means any United States or state
numbered route, controlled access highway, or other major radial
or circumferential street or highway designated by local
authorities within their respective jurisdictions as part of a
major arterial system of streets or highways. (DDD) "Ridesharing arrangement" means the transportation
of
persons in a motor vehicle where such transportation is
incidental
to another purpose of a volunteer driver and includes
ridesharing
arrangements known as carpools, vanpools, and
buspools. (EEE) "Motorized wheelchair" means any self-propelled
vehicle designed for, and used by, a handicapped person and that
is incapable of a speed in excess of eight miles per hour. (FFF) "Child day-care center" and "type A family day-care
home" have the same meanings as in section 5104.01 of the Revised
Code. (GGG) "Multi-wheel agricultural tractor" means
a type of
agricultural tractor that has two or more wheels or tires on each
side of
one axle
at the rear of the tractor, is
designed or used
for drawing other vehicles or wheeled machinery,
has no provision
for carrying loads independently of
the drawn vehicles or
machinery, and is used principally for agricultural
purposes. (HHH)
"Operate" means to cause or have caused movement of a
vehicle, streetcar, or trackless trolley on any public or private
property
used by the public for purposes of
vehicular travel or
parking. (III) "Predicate motor vehicle or traffic offense" means any
of
the following: (1) A violation of section 4511.03, 4511.051, 4511.12,
4511.132,
4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,
4511.22,
4511.23, 4511.25,
4511.26,
4511.27, 4511.28, 4511.29,
4511.30,
4511.31, 4511.32, 4511.33, 4511.34,
4511.35,
4511.36,
4511.37,
4511.38, 4511.39, 4511.40, 4511.41, 4511.42,
4511.43,
4511.431,
4511.432, 4511.44, 4511.441, 4511.451,
4511.452,
4511.46, 4511.47,
4511.48, 4511.481, 4511.49, 4511.50,
4511.511,
4511.53, 4511.54,
4511.55, 4511.56, 4511.57, 4511.58,
4511.59,
4511.60, 4511.61,
4511.64, 4511.66, 4511.661, 4511.68,
4511.70,
4511.701, 4511.71,
4511.711, 4511.712, 4511.713, 4511.72,
4511.73,
4511.763,
4511.771, 4511.78, or 4511.84 of the Revised
Code; (2) A violation of division (A)(2) of section 4511.17,
divisions
(A) to (D) of section 4511.51, or division (A) of
section 4511.74 of the Revised Code; (3) A violation of any provision of sections 4511.01 to
4511.76 of the Revised Code for
which no penalty otherwise is
provided in the
section that contains the provision violated; (4) A violation of a municipal ordinance that is
substantially
similar to any section or provision set forth or
described in division
(III)(1), (2), or (3) of this section. Sec. 4511.251. (A) As used in this section and
section
4510.036 of the Revised Code, "street
racing" means the
operation
of two or more vehicles from a point
side by side at
accelerating
speeds in a competitive attempt to
out-distance each
other or the
operation of one or more vehicles
over a common
selected course,
from the same point to the same
point, wherein
timing is made of
the participating vehicles
involving
competitive accelerations or
speeds. Persons rendering
assistance in any manner to such
competitive use of vehicles
shall
be equally charged as the
participants. The operation of
two or
more vehicles side by side
either at speeds in excess of
prima-facie lawful speeds
established by divisions (B)(1)(a) to
(B)(7) of section 4511.21 of
the Revised Code or rapidly
accelerating from a common starting
point to a speed in excess of
such prima-facie lawful speeds shall
be prima-facie evidence of
street racing. (B) No person shall participate in
street racing upon any
public road, street, or
highway in this state. (C)
Whoever violates this section is guilty of street
racing,
a
misdemeanor of the first degree. In addition to any
other
sanctions, the
court shall suspend
the
offender's driver's
license,
commercial driver's license,
temporary instruction
permit, probationary
license, or nonresident
operating privilege
for not less than thirty days or more than one year three years. No judge
shall suspend the first thirty days of any suspension of an
offender's license, permit, or privilege imposed under this
division.
Sec. 4511.98. The director of transportation, board of
county commissioners, or board of township trustees may shall cause
signs to be erected advising motorists that increased penalties
apply for certain traffic violations occurring on streets or
highways in a construction zone. The increased penalties shall
be
effective only when signs are erected in accordance with the
guidelines and design specifications established by the director
under section 5501.27 of the Revised Code, and when a violation
occurs during hours of actual work within the construction zone.
Sec. 5501.27. (A) The director of transportation shall
adopt
rules that do the following: (1) Rules governing the posting of signs advising motorists that
increased penalties apply for certain traffic violations
occurring
on streets or highways in a construction zone; (2) Rules governing the posting of signs to be used pursuant to section 2903.081 of the Revised Code giving notice to motorists of the prohibitions set forth in sections 2903.06 and 2903.08 of the Revised Code regarding the death of or injury to any person in a construction zone as a proximate result of a reckless operation offense or speeding offense. The (B) The
rules required under divisions (A)(1) and (2) of this section shall
include guidelines to determine which areas are
appropriate to the
posting of such signs. The guidelines may
include consideration
of the following: the duration of the work
on the street or
highway, the proximity of workers to moving
traffic, the existence
of any unusual or hazardous conditions,
the volume of traffic on
the street or highway, and any other
appropriate factors.
The
director
shall formulate design
specifications for the signs described in division (A)(1) of this section
advising motorists of the increased
penalties and the signs described in division (A)(2) of this section notifying motorists of the prohibitions set forth in sections 2903.06 and 2903.08 of the Revised Code regarding the death of or injury to any person in a construction zone as a proximate result of a reckless operation offense or speeding offense as described in that division. For purposes of traffic
violation penalties, nothing
in this section is intended to
conflict with any standard set
forth in the federal manual of
uniform traffic control devices
for streets and highways. (C) As used in this section and in section 4511.98 of the
Revised
Code, "construction zone" means that lane or portion of
street or
highway open to vehicular traffic and adjacent to a
lane, berm, or
shoulder of a street or highway within which lane,
berm, or
shoulder construction, reconstruction, resurfacing, or
any other
work of a repair or maintenance nature, including
public
utility
work, is being conducted, commencing with the
point where
the
first worker or piece of equipment is located and
ending where
the
last worker or piece of equipment is located.
Section 2. That existing sections 2152.02, 2152.17, 2152.20, 2152.21, 2903.06,
2903.08, 2923.162, 2929.01, 2929.13,
2929.14, 2929.18, 2929.21, 2929.28, 4510.021, 4510.12, 4510.15, 4510.16, 4510.54, 4511.01, 4511.251, 4511.98,
and 5501.27 of the Revised
Code are hereby
repealed.
Section 3. Section 2152.17 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. H.B. 130 and Sub. H.B. 393 of
the 124th General Assembly. Section 4511.01 of the Revised Code is presented in this act as a composite of the section as amended by Am. Sub. S.B. 123 and Am. Sub. S.B. 231, both of the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composites are the resulting
versions of the sections in effect prior to the effective date of
the sections as presented in this act. Section 4. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reasons for such necessity are that the changes it makes regarding vehicular homicides and vehicular assaults occurring in constructions zone and regarding vehicular homicides when the victim is a peace officer or the offender is a repeat OVI offender are crucially needed for the protection of persons in construction zones, peace officers, and users of our streets and highways, and that the changes it makes to the provisions containing the Criminal Sentencing Commission traffic law and misdemeanor sentencing law revisions are needed to correspond as much as possible to the January 1, 2004, effective date of Am. Sub. S.B. 123 and Am. Sub. H.B. 490 of the 124th General Assembly to preserve the timely, equitable administration of the reforms in those laws. Therefore, this act shall go into immediate effect.
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