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Sub. S. B. No. 58As Reported by the House Criminal Justice Committee
As Reported by the House Criminal Justice Committee
125th General Assembly | Regular Session | 2003-2004 |
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SENATORS Jacobson, Stivers, Goodman, Armbruster, Harris, Carey, Brady, Fingerhut, Hottinger, Austria, Carnes, Dann, Randy Gardner, Hagan, Miller, Mumper, Roberts, Zurz
REPRESENTATIVES Willamowski, Gilb, Brown, Latta, Callender, Grendell
A BILLTo amend sections 2919.22, 2925.04, and 2925.041 of the Revised Code to increase the penalties for certain drug offenses if the offense is committed in the vicinity of a school or in the vicinity of a juvenile and to expand the offense of endangering children to prohibit allowing children to be within the vicinity of certain drug offenses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2919.22, 2925.04, and 2925.041 of the Revised Code be amended to read as follows:
Sec. 2919.22. (A) No person, who is the parent, guardian,
custodian, person having custody or control, or person in loco
parentis of a child under eighteen years of age or a mentally or
physically handicapped child under twenty-one years of age, shall
create a substantial risk to the health or safety of the child,
by
violating a duty of care, protection, or support. It is not a
violation of a duty of care, protection, or support under this
division when the parent, guardian, custodian, or person having
custody or control of a child treats the physical or mental
illness or defect of the child by spiritual means through prayer
alone, in accordance with the tenets of a recognized religious
body. (B) No person shall do any of the following to a child under
eighteen years
of age or a mentally or physically handicapped
child under twenty-one years of
age: (2) Torture or cruelly abuse the child; (3) Administer corporal punishment or other physical
disciplinary measure, or physically restrain the child in a cruel
manner or for a prolonged period, which punishment, discipline,
or
restraint is excessive under the circumstances and creates a
substantial risk of serious physical harm to the child; (4) Repeatedly administer unwarranted disciplinary
measures
to the child, when there is a substantial risk that such
conduct,
if continued, will seriously impair or retard the
child's mental
health or development; (5) Entice, coerce, permit, encourage, compel, hire,
employ,
use, or allow the child to act, model, or in any other
way
participate in, or be photographed for, the production,
presentation, dissemination, or advertisement of any material or
performance that the offender knows or reasonably should know
is
obscene,
is sexually oriented matter, or is nudity-oriented
matter; (6) Allow the child to be within one hundred feet of or within the view of any activity involved in the commission of a violation of section 2925.04 or section 2925.041 of the Revised Code. (C)(1) No person shall operate a vehicle, streetcar, or
trackless trolley within this state in violation of division
(A)
of section 4511.19 of the Revised Code when one or more
children
under eighteen years of age are in the vehicle,
streetcar, or
trackless trolley. Notwithstanding any other
provision of law, a
person may be convicted at the same trial or
proceeding of a
violation of this division and a violation of
division (A) of
section 4511.19 of the Revised Code that
constitutes
the basis of
the charge of the violation of this
division. For
purposes of
sections 4511.191
to 4511.197 of the Revised
Code
and all
related
provisions of
law, a person arrested for a
violation of
this
division shall be
considered to be under arrest
for operating
a
vehicle while under
the influence of alcohol, a
drug of abuse,
or
a combination of
them or for
operating a
vehicle with a prohibited
concentration of
alcohol in
the
whole blood,
blood serum or
plasma,
breath, or
urine. (2) As used in division (C)(1) of this section,
"vehicle,"
"streetcar," and
"trackless trolley" have the same meanings as in
section 4511.01 of the Revised Code. (D)(1) Division (B)(5) of this section does not apply to
any
material or performance that is produced, presented, or
disseminated for a bona fide medical, scientific, educational,
religious, governmental, judicial, or other proper purpose, by or
to a physician, psychologist, sociologist, scientist, teacher,
person pursuing bona fide studies or research, librarian,
member
of the clergy, prosecutor, judge, or other
person having a proper
interest in the material or performance. (2) Mistake of age is not a defense to a charge under
division (B)(5) of this section. (3) In a prosecution under division (B)(5) of this
section,
the trier of fact may infer that an actor, model, or
participant
in the material or performance involved is a juvenile
if the
material or performance, through its title, text, visual
representation, or otherwise, represents or depicts the actor,
model, or participant as a juvenile. (4) As used in this division and division (B)(5) of this
section: (a)
"Material,"
"performance,"
"obscene," and
"sexual
activity" have the same meanings as in section 2907.01 of the
Revised Code. (b)
"Nudity-oriented matter" means any material or
performance that shows a minor in a state of nudity and that,
taken as a whole by the average person applying contemporary
community standards, appeals to prurient interest. (c)
"Sexually oriented matter" means any material or
performance that shows a minor participating or engaging in
sexual
activity, masturbation, or bestiality. (E)(1) Whoever violates this section is guilty of
endangering children. (2) If the offender violates division (A) or (B)(1) of
this
section, endangering children is one of the following: (a) Except as otherwise provided in division
(E)(2)(b), (c),
or (d) of this
section, a misdemeanor of the first degree; (b) If the offender previously has
been convicted of an
offense under this section or of any offense
involving neglect,
abandonment, contributing to the delinquency
of, or physical abuse
of a child, except as
otherwise provided in division (E)(2)(c) or
(d) of this
section, a felony of the fourth degree; (c) If the violation is a violation of division (A) of this
section and results in serious physical harm to the
child
involved, a felony of the third degree; (d) If the violation is a violation of division (B)(1)
of
this section
and results in serious physical harm to the child
involved, a felony of the
second degree. (3) If the offender violates division (B)(2), (3), or (4), or (6)
of
this section, except as otherwise provided in this division,
endangering children is a felony of the third
degree. If the
violation results in serious
physical
harm to the child involved,
or if the offender previously has been
convicted of an offense
under this section or of any offense
involving neglect,
abandonment, contributing to the delinquency
of, or physical abuse
of a child, endangering children is a
felony of the second degree. (4) If the offender violates division (B)(5) of
this
section, endangering children is a felony of the second
degree. (5) If the offender violates division (C) of this section,
the offender shall be punished as follows: (a) Except as otherwise provided in division
(E)(5)(b) or
(c) of this section, endangering children in violation of
division
(C) of
this section is a misdemeanor of the first degree. (b) If the violation results in serious physical harm to the
child involved or the offender previously has been convicted of
an
offense under this section or any offense involving neglect,
abandonment, contributing to the delinquency of, or physical
abuse
of a child, except as otherwise provided in division
(E)(5)(c) of
this section, endangering
children in violation of
division
(C) of
this section is a felony of the fifth degree. (c) If the violation results in serious physical harm to
the
child involved and if the offender previously has been
convicted
of a violation of division (C) of this section, section
2903.06 or
2903.08 of the Revised Code, section 2903.07
of the Revised Code
as it existed prior to March 23, 2000,
or section
2903.04 of the
Revised Code in a case in which the offender was
subject to the
sanctions described in division (D) of that
section, endangering
children in violation of division (C) of
this section is a felony
of the fourth degree. (d) In addition to any term of imprisonment, fine, or
other
sentence, penalty, or sanction it imposes upon the offender
pursuant to division (E)(5)(a), (b), or (c) of this section or
pursuant to any other provision of law and in addition to any
suspension
of the offender's driver's
or commercial driver's
license or permit or nonresident operating
privilege under
Chapter
4506.,
4509.,
4510., or 4511. of the
Revised Code or
under
any
other provision of law, the court also
may impose upon the
offender a class seven 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)(7) of section
4510.02 of the Revised Code. (e) In addition to any term of imprisonment, fine, or
other
sentence, penalty, or sanction imposed upon the offender
pursuant
to division (E)(5)(a), (b), (c), or (d) of this section
or
pursuant to any other provision of law for the violation of
division (C) of this section, if as part of the same trial or
proceeding the offender also is convicted of or pleads guilty to
a
separate charge charging the violation of division (A) of
section
4511.19 of the Revised Code that was the basis of the
charge of
the violation of division (C) of this section, the
offender also
shall be sentenced in accordance with section
4511.19 of
the
Revised Code for that violation of division (A)
of section
4511.19
of the Revised Code. (F)(1)(a)
A court
may require an offender to perform
not
more
than two hundred hours of supervised
community
service work
under
the authority of an agency,
subdivision, or
charitable
organization. The requirement shall be
part of the
community control sanction or sentence of the offender, and
the
court shall impose the community service
in accordance with and
subject to divisions
(F)(1)(a) and (b) of this section. The court
may require an
offender whom it requires to perform supervised
community service
work as part of the offender's community control
sanction or
sentence to pay the
court a reasonable fee to
cover
the costs of the offender's participation in the work,
including,
but
not limited to, the costs of procuring a policy or policies of
liability insurance to cover the period during which the offender
will perform the work. If the court requires the offender to
perform supervised community service work as part of the
offender's community control sanction or
sentence, the court shall
do so in accordance with the
following limitations and criteria: (i) The court shall require that the community service
work
be performed after completion of the term of imprisonment
or jail
term
imposed
upon the offender for the violation of division (C)
of
this
section, if applicable. (ii) The supervised community service work shall be
subject
to the limitations set forth in divisions
(B)(1),
(2), and (3) of
section 2951.02 of the Revised Code. (iii) The community service work shall be supervised in
the
manner described in division
(B)(4) of section 2951.02 of
the
Revised
Code by an official or person with the qualifications
described in that
division. The official or person periodically
shall report in writing to the
court concerning the conduct of the
offender in performing the work. (iv) The court shall inform the offender in writing that
if
the offender does not adequately perform, as determined by
the
court, all of the required community service work, the court may
order
that the offender be committed to a jail or workhouse for a
period of time
that does not exceed the term of imprisonment that
the court could have
imposed upon the offender for the violation
of division (C) of this section,
reduced by the total amount of
time that the offender actually
was imprisoned under the sentence
or term that was imposed upon
the offender for that violation and
by the total amount of time
that the offender was confined for any
reason arising out of the
offense for which the offender was
convicted and sentenced as
described in
sections 2949.08 and
2967.191 of the Revised Code, and that, if
the court orders that
the offender be so committed, the court
is authorized, but not
required, to grant the offender
credit upon the period of the
commitment for the community service work that
the offender
adequately performed. (b) If a court, pursuant to
division
(F)(1)(a) of this
section, orders an offender to
perform
community service work as
part of the offender's community
control
sanction or
sentence and
if the offender does not
adequately
perform all of the required
community service work, as
determined
by the court, the court may
order that the offender be
committed
to a jail or workhouse for a
period of time that does
not exceed
the term of imprisonment that
the court
could have
imposed
upon
the offender for the violation
of division (C) of
this
section,
reduced by the total amount of
time that the
offender
actually was
imprisoned under the sentence
or term that
was
imposed upon the
offender for that violation and
by the total
amount of time that
the offender was confined for any
reason
arising out of the
offense for which the offender was
convicted
and sentenced as
described in sections 2949.08 and
2967.191 of the
Revised Code.
The court may order that a person
committed pursuant
to this
division shall receive hour-for-hour
credit upon the
period of the
commitment
for the community service
work that the
offender
adequately
performed. No
commitment
pursuant to this
division
shall exceed the period of the term of
imprisonment that
the
sentencing court could have imposed upon the
offender
for the
violation of division (C) of this section,
reduced by the total
amount
of time that the offender actually was
imprisoned under
that sentence or term
and by the total amount of
time that the
offender was confined for
any reason arising out of
the offense
for which the offender
was convicted and sentenced as
described in
sections 2949.08 and 2967.191 of
the Revised Code. (2)
Division (F)(1) of this
section
does
not
limit or
affect the authority of the court to
suspend the
sentence
imposed
upon a misdemeanor offender and place
the
offender
under a community control sanction
pursuant to
section 2929.25 of the
Revised Code, to
require
a
misdemeanor
or felony offender to
perform
supervised
community service
work in accordance with
division
(B)
of
section
2951.02 of the
Revised Code, or to place a
felony
offender
under a
community
control sanction. (G)(1) If a court suspends an offender's driver's or
commercial driver's license or permit or nonresident operating
privilege under division (E)(5)(d) of this section, the
period
of
the suspension shall be consecutive to, and commence
after, the
period of suspension
of the offender's
driver's or
commercial
driver's license or permit or nonresident
operating
privilege that
is imposed under Chapter 4506.,
4509.,
4510., or
4511. of the
Revised Code or under any other provision
of law in
relation to
the violation of division (C) of this
section that is
the basis of
the suspension under division
(E)(5)(d) of this
section or in
relation to the violation of
division (A) of section
4511.19 of
the Revised Code that is the
basis for that violation
of division
(C) of this section. (2) An offender is not entitled to request, and the
court
shall
not grant to the offender,
limited driving
privileges
if
the
offender's
license,
permit, or privilege has been
suspended
under division
(E)(5)(d) of this section and the
offender, within
the
preceding
six years, has been convicted of
or pleaded guilty
to
three or more violations of one or
more of the following: (a) Division (C) of
this section; (b) Any equivalent offense, as defined in section
4511.181 of
the
Revised Code. (H)(1) If a person violates division (C) of this section
and
if, at the time of the violation, there were two or more
children
under eighteen years of age in the motor vehicle
involved in the
violation, the offender may be convicted of a
violation of
division (C) of this section for each of the
children, but the
court may sentence the offender for only one of
the violations. (2)(a) If a person is convicted of or pleads guilty to a
violation of division (C) of this section but the person is not
also convicted of and does not also plead guilty to a separate
charge charging the violation of division (A) of section 4511.19
of the Revised Code that was the basis of the charge of the
violation of division (C) of this section, both of the following
apply: (i) For purposes of the provisions of section
4511.19 of
the
Revised Code that set forth the penalties and
sanctions for a
violation of division (A) of section 4511.19 of
the Revised Code,
the conviction of or plea of guilty to the
violation of division
(C) of this section shall not constitute a
violation of division
(A) of section 4511.19 of the Revised Code; (ii) For purposes of any provision of law that refers to a
conviction of or plea of guilty to a violation of division (A) of
section 4511.19 of the Revised Code and that is not described in
division (H)(2)(a)(i) of this section, the conviction of or plea
of guilty to the violation of division (C) of this section shall
constitute a conviction of or plea of guilty to a violation of
division (A) of section 4511.19 of the Revised Code. (b) If a person is convicted of or pleads guilty to a
violation of division (C) of this section and the person also is
convicted of or pleads guilty to a separate charge charging the
violation of division (A) of section 4511.19 of the Revised Code
that was the basis of the charge of the violation of division (C)
of this section, the conviction of or plea of guilty to the
violation of division (C) of this section shall not constitute,
for purposes of any provision of law that refers to a conviction
of or plea of guilty to a violation of division (A) of section
4511.19 of the Revised Code, a conviction of or plea of guilty to
a violation of division (A) of section 4511.19 of the Revised
Code. (I) As used in this section: (1)
"Community control
sanction"
has the
same meaning as in
section 2929.01 of the Revised
Code; (2)
"Limited driving privileges" has the same meaning as in
section 4501.01 of the Revised Code.
Sec. 2925.04. (A) No person shall knowingly cultivate
marihuana or knowingly manufacture or otherwise engage in any part
of the
production of a controlled substance. (B) This section does not apply to any person listed in
division
(B)(1), (2), or (3) of section 2925.03 of the Revised
Code to the extent and
under the circumstances described in those
divisions. (C)(1) Whoever commits a violation of division (A) of
this
section that involves any drug other than marihuana is guilty of
illegal
manufacture of drugs, and whoever commits a violation of
division (A)
of this section that involves marihuana is guilty of
illegal cultivation of
marihuana. (2)
Except as otherwise provided in this division, if the
drug involved in the violation of division
(A) of this section is
any compound, mixture,
preparation, or substance included in
schedule I or
II, with the exception of marihuana, illegal
manufacture
of drugs is a felony of the second degree, and,
subject to
division (E) of this section, the court shall impose as
a
mandatory prison term one of the prison terms prescribed for a
felony of the second degree. If the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule I or II, with the exception of marihuana, and if the offense was committed in the vicinity of a juvenile or in the vicinity of a school, illegal manufacture of drugs is a felony of the first degree, and, subject to division (E) of this section, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree.
If the drug involved in the violation
is methamphetamine, any salt, isomer, or salt of an isomer of
methamphetamine, or any compound, mixture, preparation, or
substance containing methamphetamine or any salt, isomer, or salt
of an isomer of methamphetamine and if the offense was committed
in the vicinity of a juvenile, in the vicinity of a school, or on
public premises, illegal manufacture of drugs is a felony of the
first degree, and, subject to division (E) of this section, the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the first degree. (3) If the drug involved in the violation of division
(A) of
this section is any compound, mixture,
preparation, or substance
included in schedule III,
IV, or V, illegal manufacture of drugs
is a
felony of the third degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a felony of the second degree, and there is a presumption for a
prison term for the offense. (4) If the drug involved in the violation is marihuana,
the
penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division
(C)(4)(b), (c),
(d), (e), or
(f) of this section, illegal cultivation of marihuana
is a
minor misdemeanor or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the fourth degree. (b) If the amount of marihuana involved equals
or exceeds
one hundred grams but is less than
two hundred
grams, illegal
cultivation of marihuana is a misdemeanor of the
fourth degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the third degree. (c) If the amount of marihuana involved equals or exceeds
two hundred grams but is less than one
thousand grams, illegal
cultivation of marihuana is a felony of the fifth degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a felony of the fourth degree, and
division (B) of section 2929.13 of the Revised Code applies in
determining
whether to impose a prison term on the offender. (d) If the amount of marihuana involved equals or exceeds
one thousand grams but is less than five
thousand grams,
illegal
cultivation of marihuana is a felony of the third degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a felony of the second degree,
and
division (C) of section 2929.13 of the Revised Code applies in
determining
whether
to impose a prison term on the offender. (e) If the amount of marihuana involved equals or exceeds
five thousand grams but is less than twenty
thousand grams,
illegal cultivation of marihuana is a felony of the third degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a felony of the second degree,
and there is a presumption for a prison term for the offense. (f) If Except as otherwise provided in this division, if the amount of marihuana involved equals or exceeds
twenty thousand grams, illegal cultivation of marihuana is a
felony of the second degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the second degree. If the amount of the drug involved equals or exceeds twenty thousand grams and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, illegal cultivation of marihuana is a felony of the first degree, and the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the first degree. (D) In addition to any prison term authorized
or required by
division (C) or (E) of this
section and sections 2929.13 and
2929.14 of the Revised
Code and in addition to any other sanction
imposed for
the offense under this section or sections 2929.11 to
2929.18 of
the Revised Code, the court that sentences an
offender
who is convicted of or pleads guilty to a violation of
division
(A) of this section shall do all of the
following that are
applicable regarding the offender: (1) If the violation of division (A) of this
section is a
felony of the
first, second, or third degree, the court
shall
impose upon the offender the mandatory fine specified for
the
offense under division (B)(1) of section 2929.18 of
the Revised
Code unless, as specified in that
division, the court determines
that the offender is
indigent. The clerk of the court shall pay a
mandatory fine or
other fine imposed for a violation of this
section pursuant to
division (A) of section 2929.18 of the Revised
Code in accordance with and subject to the requirements
of
division (F) of section 2925.03 of the Revised
Code. The agency
that receives the fine shall use the
fine as specified in division
(F) of section 2925.03 of
the Revised Code. If a person is
charged with a
violation of this section that is a felony of the
first, second, or third
degree, posts bail, and forfeits the bail,
the clerk shall pay
the forfeited bail as if the forfeited bail
were a fine imposed
for a violation of this section. (2) The court shall
suspend the offender's
driver's or
commercial driver's license or permit in accordance
with division
(G) of section 2925.03 of the
Revised Code. If an
offender's
driver's or
commercial driver's license or permit is
suspended in
accordance
with that division, the offender
may request
termination of, and
the court may terminate, the
suspension in
accordance with that
division. (3) If the offender is a professionally licensed person,
the
court
immediately shall comply with section 2925.38 of the
Revised
Code. (E) Notwithstanding the prison term otherwise
authorized or
required for the offense under division (C)
of this section and
sections 2929.13 and 2929.14 of the
Revised Code, if the violation
of division
(A) of this section involves the sale, offer to sell,
or
possession of a schedule I or II controlled
substance, with the
exception of marihuana, and if the court imposing
sentence upon
the offender finds that the offender
as a result of the violation
is a major drug offender and is guilty
of a specification of the
type described in section 2941.1410 of the Revised Code, the
court, in lieu of the prison term otherwise authorized or
required, shall impose upon the offender the mandatory prison
term
specified in division (D)(3)(a) of
section 2929.14 of the Revised
Code and may
impose an additional prison term under division
(D)(3)(b) of that section. (F) It is an affirmative defense, as
provided in section
2901.05 of the Revised Code,
to a charge under this section for a
fifth degree felony violation of
illegal cultivation of
marihuana
that the marihuana that gave rise to the charge is in
an amount,
is in a form, is prepared, compounded, or mixed with
substances
that are not controlled substances in a manner, or is
possessed or
cultivated under any other circumstances that
indicate that the
marihuana was solely for personal use. Notwithstanding any contrary provision of division
(F) of
this section, if, in
accordance with section 2901.05 of the
Revised
Code, a person who is charged
with a violation of illegal
cultivation of marihuana that is a
felony of the fifth degree
sustains the burden of going forward
with evidence of and
establishes by a preponderance of the
evidence the affirmative
defense described in this division, the
person may be prosecuted
for and may be convicted of or plead
guilty to a misdemeanor
violation of illegal cultivation of
marihuana. (G) Arrest or conviction for a minor
misdemeanor violation
of this section does not constitute a
criminal record and need not
be reported by the person so
arrested or convicted in response to
any inquiries about the
person's criminal record, including any
inquiries contained in an
application for employment, a license,
or any other right or
privilege or made in connection with the
person's appearance as a
witness.
Sec. 2925.041. (A) No person shall knowingly assemble or
possess one or more
chemicals that may be used to manufacture a
controlled
substance in schedule I or II with the intent to
manufacture a
controlled substance in schedule I or II in
violation of section
2925.04 of the Revised Code.
(B) In a prosecution under this section, it is not necessary
to allege or prove that the offender assembled or possessed all
chemicals necessary to manufacture a controlled substance in
schedule I or II. The assembly or possession of a single chemical
that may be used in the manufacture of a controlled substance in
schedule I or II, with the intent to manufacture a controlled
substance in either schedule, is sufficient to violate this
section. (C) Whoever violates this section is guilty of illegal
assembly or possession of chemicals for the manufacture of drugs.
Illegal Except as otherwise provided in this division, illegal assembly or
possession of chemicals
for the manufacture of
drugs is a felony
of the third degree, and
division (C) of section
2929.13 of the
Revised Code applies in
determining whether to
impose a prison
term on the offender. If the offense was committed in the vicinity of a juvenile or in the vicinity of a school, illegal assembly or possession of chemicals for the manufacture of drugs is a felony of the second degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(D) In addition to any prison term authorized by
division
(C) of this section and sections 2929.13 and 2929.14 of
the
Revised Code and in addition to any other sanction imposed for
the
offense under this section or sections 2929.11 to 2929.18 of
the
Revised Code, the court that sentences an offender who is
convicted of or pleads guilty to a violation of this section shall
do all of the following that are applicable regarding the
offender:
(1) The court shall impose upon the offender the mandatory
fine specified for the offense under division (B)(1) of section
2929.18 of the Revised Code unless, as specified in that division,
the court determines that the offender is indigent. The clerk of
the court shall pay a mandatory fine or other fine imposed for a
violation of this section under division (A) of section
2929.18 of
the Revised Code in accordance with and subject to the
requirements of division (F) of section 2925.03 of the Revised
Code. The agency that receives the fine shall use the fine as
specified in division (F) of section 2925.03 of the Revised Code.
If a person charged with a violation of this section posts bail
and forfeits the bail, the clerk shall pay the forfeited bail as
if the forfeited bail were a fine imposed for a violation of this
section.
(2) The court shall revoke or suspend the offender's
driver's or commercial driver's license or permit in accordance
with division (G) of section 2925.03 of the Revised Code. If an
offender's driver's or commercial driver's license or permit is
revoked in accordance with that division, the offender may request
termination of, and the court may terminate, the revocation in
accordance with that division.
(3) If the offender is a professionally licensed person or a
person who has been admitted to the bar by order of the supreme
court in compliance with its prescribed and published rules, the
court shall comply with section 2925.38 of the Revised Code.
Section 2. That existing sections 2919.22, 2925.04, and 2925.041 of the Revised Code are hereby repealed.
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