The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
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Am. Sub. H. B. No. 259 As Passed by the Senate
As Passed by the Senate
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Wagner, McGregor, J., Martin, Evans, C., Fende, Bubp, Wagoner, Seaver, Evans, D., Setzer, Hagan, Harwood, Gilb, Wolpert, Distel, Willamowski, Collier, Latta, Faber, Brown, Aslanides, Uecker, Allen, Perry, Mason, Hughes, Blessing, Daniels, DeBose, DeGeeter, Domenick, Fessler, Flowers, Gibbs, Law, Oelslager, Otterman, Patton, T., Reidelbach, Schaffer, Schlichter, Schneider, Smith, G., Stewart, J., Taylor, Williams
Senators Clancy, Grendell, Schuring, Dann, Zurz, Carey, Hottinger, Niehaus, Gardner, Goodman, Spada, Harris, Mumper, Fedor, Jacobson, Padgett, Stivers, Jordan
A BILL
To amend sections 2152.02, 2152.19, 2921.38, 2921.51, 2929.14, 2929.19, 2967.28, 4510.07, 4510.13, 4510.14, 4510.17, 4510.31, 4511.19, 4511.191, 4511.193, and 4511.195 and to enact section 2929.191 of the Revised Code to prohibit a person, with intent to harass, annoy, threaten, or alarm a law enforcement officer, from causing or attempting to cause the law enforcement officer to come into contact with a bodily substance; to prohibit any person from engaging in the same action with respect to any person when the person is a knowing carrier of certain viruses or bacteria; to specify that a sentencing court's failure to notify a felon of mandatory post-release control after prison does not affect mandatory post-release control; to specify that a sentencing court's failure to notify a felon of the possibility of being sent back to prison for violating mandatory or discretionary post-release control does not affect the authority to do so if the Parole Board gives such a notice; to require the Parole Board to notify felons prior to release from prison of the possibility of being sent back to prison for violating post-release control; to allow a court that previously sentenced a felon and failed to notify the felon of mandatory or discretionary post-release control or the possibility of being sent back to prison for violating post-release control to correct the sentence at a hearing to include the notice and place upon its journal an entry nunc pro tunc to record the correction; to provide that the hearing may be conducted by video conferencing equipment if available and compatible; to specify that a court's placement upon the journal of such an entry nunc pro tunc before the offender is released from imprisonment serves as if the court at the time of original sentencing had provided the notice to the offender; to increase the administrative license suspension periods for persons who are arrested for OVI and refuse a request of a law enforcement officer to consent to a chemical test of the person's whole blood, blood serum or plasma, breath, or urine to determine its alcohol content; to increase the period that a person must serve under such an administrative license suspension in certain circumstances before becoming eligible for limited driving privileges; to provide that the suspension period for a judicial post-conviction OVI suspension of a person serving an administrative license suspension must be not less than the greater of the period of time remaining in the administrative license suspension or the minimum applicable judicial post-conviction suspension period specified for the offender; to clarify the circumstances in which a person serving an administrative license suspension for refusal to consent to a chemical test or for having a prohibited concentration of alcohol in the person's system or serving a judicial post-conviction OVI suspension never is eligible for limited driving privileges; to increase from six years to twenty years the "look back" period during which a person's prior convictions or chemical test refusals are considered in determining certain specified sanctions against the person; to clarify and reaffirm that acts that would be minor misdemeanors if committed by an adult are delinquent acts when committed by a juvenile; to specify as a presumptive disposition for the offenses of trafficking in marihuana and possession of marihuana when committed by a juvenile either a requirement of confinement in a detention facility for a specified minimum period of time or a requirement of drug assessment, counseling, or treatment plus probation, or both; to prohibit impersonating a federal law enforcement officer; and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That sections 2152.02, 2152.19, 2921.38, 2921.51, 2929.14, 2929.19, 2967.28, 4510.07, 4510.13, 4510.14, 4510.17, 4510.31, 4511.19, 4511.191, 4511.193, and 4511.195 be amended and section 2929.191 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, including a violation of any law or ordinance that would be a minor misdemeanor 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. 2152.19. (A) If a child is adjudicated a delinquent
child,
the court may make any of the following orders of
disposition, in
addition to any other disposition authorized or
required by this
chapter: (1) Any
order that is authorized by section 2151.353 of the
Revised Code for the care and protection of an abused,
neglected,
or
dependent child; (2) Commit the child to the temporary custody of any school,
camp, institution, or other facility operated for the care of
delinquent
children by the county, by a district organized under
section
2152.41 or 2151.65 or 2152.41 of the Revised Code, or by a private
agency or organization, within or without the state, that is
authorized and
qualified to provide the care, treatment, or
placement required, including, but not limited to, a school, camp,
or facility operated under section 2151.65 of the Revised Code; (3)
Place the child in a detention
facility or district
detention facility operated under section
2152.41 of the Revised
Code, for up to ninety days; (4) Place the child on community control under any
sanctions,
services,
and conditions that the court prescribes. As
a
condition of
community control in every case and in addition to
any other
condition that it imposes upon the child, the court
shall require the child
to abide by the law during the period of
community control. As
referred to in this division, community
control includes, but is
not limited to, the following sanctions
and conditions: (a) A period of basic probation supervision in which the
child is required to maintain contact with a person appointed to
supervise the
child in accordance with sanctions
imposed by the
court; (b) A period of intensive probation supervision in which
the
child is required to maintain frequent contact with a person
appointed by
the court to supervise
the child while the child is
seeking or maintaining employment and
participating in training,
education, and treatment programs as
the order of disposition; (c) A period of day reporting in which the child is
required
each day to report to and leave a center or another approved
reporting location at specified
times in order to participate in
work, education or training,
treatment, and other approved
programs at the center or outside
the center; (d) A period of community service of up to five hundred
hours for an act that would be a felony or a misdemeanor of the
first degree
if committed by an adult,
up to two hundred hours for
an act that would be a misdemeanor of the second,
third, or fourth
degree
if committed by an adult, or up to thirty hours for an act
that
would be a minor misdemeanor if committed by an adult; (e) A requirement that the child obtain a high school
diploma, a
certificate of high school equivalence, vocational
training, or
employment; (f) A period of drug and alcohol use monitoring; (g) A requirement of alcohol or drug assessment or
counseling, or a period in an alcohol or drug treatment program
with a level
of security for the child
as determined necessary by
the court; (h) A period in which the court orders the child to
observe
a curfew that may involve daytime or evening hours; (i) A requirement that the child serve monitored time; (j) A period of house arrest without electronic
monitoring or continuous alcohol monitoring; (k) A period of electronic monitoring or continuous alcohol monitoring without house arrest,
or
house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, that does not exceed the
maximum
sentence of imprisonment
that could be imposed upon an
adult who commits the same act. A period of house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, imposed
under
this division shall not extend beyond the child's
twenty-first birthday. If a
court
imposes a period of
house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, upon a
child under this
division, it shall require the child: to remain in the child's
home or
other specified premises for the entire period of
house arrest with electronic monitoring or continuous alcohol monitoring or both except when the court
permits the child to
leave those premises to go to school or to
other specified
premises. Regarding electronic monitoring, the court also shall require the child to be monitored by a central system that
can determine
the child's location at designated times; to report
periodically
to a person designated by the court; and to enter
into a written
contract with the court agreeing to comply with all
requirements
imposed by the court, agreeing to pay any fee imposed
by the court
for the costs of the house
arrest with electronic monitoring, and
agreeing to waive the right to receive credit for any
time served
on house arrest with electronic monitoring toward the
period of any
other dispositional order imposed upon the child if
the child
violates any of the requirements of the dispositional
order of
house arrest with electronic monitoring. The court also
may impose
other reasonable requirements upon the child. Unless ordered by the court, a child shall not receive credit
for any time
served on
house arrest with electronic monitoring
or continuous alcohol monitoring or both toward any other dispositional
order imposed upon the child for
the act for which was imposed the
dispositional order of
house arrest with electronic monitoring or continuous alcohol monitoring. As used in this division and division (A)(4)(l) of this section, "continuous alcohol monitoring" has the same meaning as in section 2929.01 of the Revised Code. (l) A suspension of the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child
for a period of time prescribed by the court, or a
suspension
of the
registration of all motor vehicles
registered in
the name of the child
for a period of time prescribed by the
court. A child whose license or
permit is so suspended is
ineligible for issuance of a license or
permit during the period
of suspension. At the end of the period
of suspension, the child
shall not be reissued a license or permit
until the child has paid
any applicable reinstatement fee and
complied with all
requirements governing license reinstatement. (5) Commit the child to the custody of the
court; (6)
Require the child to not be absent without legitimate
excuse from
the public school the child is supposed to attend for
five or more
consecutive days, seven or more school days in one
school month, or
twelve or more school days in a school year; (7)(a) If a child is adjudicated a delinquent child for
being a
chronic truant or a habitual truant who previously has
been adjudicated an
unruly child for being a
habitual truant, do
either or both of the following: (i) Require the child to participate in a truancy prevention
mediation program; (ii) Make any order of disposition as authorized by this
section,
except that the court shall not commit the child to a
facility described
in division (A)(2)
or (3) of this section
unless the
court
determines that the child violated a lawful court
order made
pursuant to
division (C)(1)(e) of section 2151.354 of
the
Revised
Code
or division (A)(6) of this section. (b) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an
unruly child for being a
habitual truant and the
court determines that the parent,
guardian, or other person having
care of the child has failed to
cause the child's attendance at
school in violation of section
3321.38 of the Revised Code, do
either or both of the
following: (i) Require the parent, guardian, or other person having
care of
the child to participate in a truancy prevention mediation
program; (ii) Require the parent, guardian, or other person having
care of
the child to participate in any community service program,
preferably a
community service program that
requires the
involvement of the parent, guardian, or other person
having care
of the child in the school attended by the child. (8) Make any further disposition that the court finds
proper,
except that the child shall not be placed in any of the
following: (a) A state correctional institution, a county, multicounty,
or
municipal jail or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held; (b) A community corrections facility, if the child would be
covered by the definition of public safety beds for purposes of
sections
5139.41 to 5139.43 of the Revised Code if the court
exercised its authority to commit the child to the legal custody
of the
department of youth services for institutionalization
or
institutionalization in a secure facility pursuant to this
chapter. (B) If a child is adjudicated a delinquent child, in
addition to
any order of disposition made under division (A) of
this section, the
court, in
the following situations
and for the
specified periods of time, shall
suspend the child's temporary
instruction
permit, restricted
license, probationary driver's
license, or nonresident
operating
privilege, or suspend the
child's ability to obtain such a permit: (1)
If the child is adjudicated a delinquent child for
violating
section 2923.122 of the Revised Code,
impose a class
four suspension of the
child's license, permit, or privilege from
the range specified in
division (A)(4) of section 4510.02 of the
Revised Code or deny the
child the issuance of a license or permit
in accordance with
division
(F)(1) of section 2923.122 of
the
Revised Code. (2)
If the child is adjudicated a delinquent child for
committing an
act that if committed by an adult would be a drug
abuse offense
or for violating
division (B) of section 2917.11 of
the Revised
Code,
suspend the child's license, permit, or
privilege for a period of time prescribed by the court. The court,
in its discretion, may terminate the suspension
if the child
attends and
satisfactorily completes a drug abuse or
alcohol abuse
education,
intervention, or treatment program
specified by the
court. During
the time the child is attending
a program
described in this division, the
court shall retain
the child's
temporary instruction permit, probationary
driver's license, or
driver's
license, and the
court shall return the permit or
license
if it terminates the
suspension as described in this
division. (C) The court may establish a victim-offender mediation
program
in which victims and their offenders meet to discuss the
offense and suggest
possible restitution. If the court obtains
the
assent of the victim of the delinquent act committed by the
child,
the court may require the child to participate in the
program. (D)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult
and if the
child caused, attempted to cause, threatened to
cause,
or created a risk of physical harm to the victim of the
act, the
court, prior to issuing an order of disposition under
this
section, shall order the preparation of a victim impact
statement
by the probation department of the county in which the
victim of
the act resides, by the court's own probation department, or by a
victim assistance program that is operated by the state, a county,
a municipal
corporation, or another governmental entity. The court
shall
consider the victim impact statement in determining the
order of
disposition to issue for the child. (2) Each victim impact statement shall identify the victim
of the
act for which the child was adjudicated a delinquent child,
itemize any
economic loss suffered by the victim as a result of
the act,
identify any physical injury suffered by the victim as a
result of
the act and the seriousness and permanence of the
injury, identify
any change in the victim's personal welfare or
familial
relationships as a result of the act and any
psychological impact
experienced by the victim or the victim's
family as a result of the act, and
contain any other
information
related to the impact of the act upon the victim that the
court
requires. (3) A victim impact statement shall be kept confidential and
is
not a public record. However, the court may furnish copies of
the statement
to the department of youth services if the
delinquent child
is committed to the department or to both the
adjudicated
delinquent child or the adjudicated delinquent child's
counsel and
the prosecuting attorney. The copy of a victim impact
statement
furnished by the court to the department pursuant to
this section
shall be kept confidential and is not a public
record.
If an officer is preparing pursuant to section 2947.06 or
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the court shall make
available to the officer, for use in preparing the report, a copy
of any victim impact statement regarding that person. The copies
of a victim
impact statement that are made
available to the
adjudicated delinquent child or the adjudicated
delinquent child's
counsel and the
prosecuting attorney pursuant
to this division
shall be returned to the
court by the person to
whom they were
made available
immediately following the imposition
of an order of
disposition for the
child under this chapter.
The copy of a victim impact statement that is made available
pursuant to this division to an officer preparing a criminal
presentence investigation report shall be returned to the court by
the officer immediately following its use in preparing the report. (4) The department of youth services shall work with local
probation departments and victim assistance programs to develop a
standard victim impact statement. (E) If a child is adjudicated a delinquent child for being a
chronic
truant or a habitual truant who previously has been
adjudicated an
unruly child for being a habitual truant and the
court determines that
the parent, guardian, or other person having
care of the child has
failed to cause the child's attendance at
school in violation of
section 3321.38 of the Revised Code, in
addition to any
order of
disposition it makes under this section,
the court shall warn the
parent, guardian, or other person having
care of the child that
any subsequent adjudication of the child as
an unruly or
delinquent child for being a habitual or chronic
truant may
result in a criminal charge against the parent,
guardian, or other
person having care of the child for a violation
of division (C) of
section 2919.21 or section 2919.24 of the
Revised Code. (F)(1) During the period of a delinquent child's community
control granted under this section, authorized probation officers
who are
engaged within the scope of their supervisory duties
or
responsibilities may search, with or without a warrant, the
person
of the delinquent child, the place of residence of the
delinquent
child, and a motor vehicle, another item of tangible or
intangible
personal property, or other real property in which the
delinquent
child has a right, title, or interest or for which the
delinquent
child has the express or implied permission of a person with a
right, title, or interest to use, occupy, or possess if the
probation officers
have reasonable grounds to believe that the
delinquent child is not abiding by
the law or otherwise is not
complying with the conditions of the
delinquent child's community
control. The court that places a
delinquent child on community
control under this section shall
provide the delinquent child with
a written notice that informs
the delinquent child that authorized
probation officers who are
engaged within the scope of their
supervisory duties or responsibilities may
conduct those types of
searches during the period of community control if they
have
reasonable grounds to believe that the delinquent child is
not
abiding by the law or otherwise is not complying with the
conditions of the delinquent child's community control. The court
also shall provide the written notice described in division
(E)(2)
of this section to each
parent, guardian, or custodian of the
delinquent child who is described in
that
division. (2) The court that places a child on community control under
this
section shall provide the child's parent, guardian, or other
custodian
with a written notice that informs them that authorized
probation
officers may conduct searches pursuant to division
(E)(1) of this
section. The notice shall specifically state that
a permissible
search might extend to a motor vehicle, another item
of tangible
or intangible personal property, or a place of
residence or other
real property in which a notified parent,
guardian, or custodian
has a right, title, or interest and that
the parent, guardian, or
custodian expressly or impliedly permits
the child to use, occupy,
or possess.
(G) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense that is not a registration-exempt sexually oriented offense or is a child-victim oriented offense, the court in the order
of disposition
shall do one of the following: (1) Require that the child be provided treatment as
described in division (A)(2) of section 5139.13 of the Revised
Code; (2) Inform the person, organization, or entity
that it is
the
preferred course of action in this state that the
child be
provided treatment as described in division (A)(2) of
section
5139.13
of the Revised Code and encourage the
person,
organization,
or entity to provide that treatment. (H)(1) If a child is adjudicated a delinquent child for committing a violation of section 2925.03 or 2925.11 of the Revised Code, if the drug involved in the violation is marihuana, and if the violation would be a minor misdemeanor or another misdemeanor if committed by an adult or the violation would be a felony if committed by an adult and the court does not commit the child to the department of youth services under this chapter, in addition to any other disposition authorized or required under this chapter, the court, subject to division (H)(2) of this section, shall make an order of disposition for the child that does either or both of the following:
(a) Places the child in a detention facility or district detention facility pursuant to division (A)(3) of this section for at least the minimum period of time specified in this division. If the violation would be a minor misdemeanor or another misdemeanor if committed by an adult, except as otherwise provided in this division, the minimum period of time for which the child shall be so placed is three days. If the violation would be a minor misdemeanor or another misdemeanor if committed by an adult and if the child previously has been adjudicated a delinquent child for committing a violation of section 2925.03 or 2925.11 of the Revised Code in which the drug involved in the violation was marihuana, the minimum period of time for which the child shall be so placed is fourteen days. If the violation would be a felony if committed by an adult and the court does not commit the child to the department of youth services, except as otherwise provided in this division, the minimum period of time for which the child shall be so placed is thirty days. If the violation would be a felony if committed by an adult, if the court does not commit the child to the department of youth services, and if the child previously has been adjudicated a delinquent child for committing a violation of section 2925.03 or 2925.11 of the Revised Code in which the drug involved in the violation was marihuana, the minimum period of time for which the child shall be so placed is sixty days. The court may place the child in a detention facility or district detention facility pursuant to division (A)(3) of this section for a period of time in excess of the minimum period of time specified in this division and not in excess of the period of time specified in division (A)(3) of this section.
(b) Places the child on community control that includes a requirement of drug assessment or counseling, or a period in a drug treatment program, pursuant to division (A)(4)(g) of this section together with a requirement of basic or intense probation supervision pursuant to division (A)(4)(a) or (b) of this section.
(2) The court is not required to impose an order of disposition under division (H)(1) of this section if the court determines that an order under that division is not in the interests of justice. Division (H)(1) of this section does not apply to a violation of section 2925.03 or 2925.11 of the Revised Code that is classified a felony when the court commits the child to the department of youth services under this chapter.
Sec. 2921.38. (A) No person who is confined in a detention facility, with
intent to harass, annoy, threaten, or alarm another person,
shall cause or attempt to cause the other person to come into contact
with blood, semen, urine, feces, or another bodily substance by throwing the
bodily substance at the other person, by expelling the bodily substance upon
the other person, or in any other manner. (B) No person, with intent to harass, annoy, threaten, or alarm a law enforcement officer, shall cause or attempt to cause the law enforcement officer to come into contact with blood, semen, urine, feces, or another bodily substance by throwing the bodily substance at the law enforcement officer, by expelling the bodily substance upon the law enforcement officer, or in any other manner. (C) No person who is confined in a detention facility, with knowledge that
the person is a carrier of the virus that causes acquired immunodeficiency
syndrome, is a carrier of a hepatitis virus, or is infected with tuberculosis
and with intent to harass, annoy, threaten, or alarm another person, shall
cause or attempt to cause the other person to come into contact with blood,
semen, urine, feces, or another bodily substance by throwing the bodily
substance at the other person, by expelling the bodily substance upon the
other person, or in any other manner. (C)(D) Whoever violates this section is guilty of harassment
by an inmate with a bodily substance. A violation of division (A) or (B) of this section is a felony of the
fifth degree. A violation of division (B)(C) of this section is a felony of the
third degree.
(D)(E)(1) The court, on request of the prosecutor, or the law
enforcement authority responsible for the investigation of the violation,
shall cause a person who allegedly has committed a violation of this section
to submit to one or more appropriate tests to determine if the person is a
carrier of the virus that causes acquired immunodeficiency syndrome, is a
carrier of a hepatitis virus, or is infected with tuberculosis.
(2) The court shall charge the offender with the costs of the test or
tests ordered under division (D)(E)(1) of this section unless the court
determines that the accused is unable to pay, in which case the costs shall be
charged to whichever of the following is applicable: (a) If the alleged offense occurred in a detention facility, the entity that operates the detention facility in which the
alleged offense occurred; (b) If the alleged offense occurred outside of a detention facility, the law enforcement authority responsible for the investigation of the violation. (E)(F) This section does not apply to a person who is hospitalized,
institutionalized, or confined in a facility operated by the department of
mental health or the department of mental retardation and developmental
disabilities.
Sec. 2921.51. (A) As used in this section: (1) "Peace officer" means a sheriff, deputy sheriff,
marshal, deputy marshal, member of the organized police
department
of a municipal corporation, or township constable, who
is employed
by a political subdivision of this state, a member of
a police
force employed by a metropolitan housing authority under
division
(D) of section 3735.31 of the Revised Code,
a member of a police
force employed by a regional transit authority under
division (Y)
of section 306.35 of the Revised Code, a state
university law
enforcement officer appointed under section
3345.04 of the Revised
Code,
a veterans' home police officer
appointed under
section 5907.02 of the Revised Code, a special police
officer
employed by a port authority under section 4582.04 or 4582.28
of
the Revised Code, or a state
highway patrol trooper and whose
primary duties are to preserve
the peace, to protect life and
property, and to enforce the laws,
ordinances, or rules of the
state or any of its political
subdivisions. (2) "Private police officer" means any security
guard,
special
police officer, private detective, or other person who
is
privately
employed in a police capacity. (3) "Federal law enforcement officer" means an employee of the United States who serves in a position the duties of which are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses under the criminal laws of the United States. (4) "Impersonate" means to act the part of, assume the
identity of, wear the uniform or any part of the uniform of, or
display the identification of a particular person or of a member
of a class of persons with purpose to make another person believe
that the actor is that particular person or is a member of that
class of persons. (B) No person shall impersonate a peace officer or, a
private
police officer, or a federal law enforcement officer. (C) No person, by impersonating a peace officer or, a
private
police officer, or a federal law enforcement officer, shall arrest or detain any person, search any
person, or search the property of any person. (D) No person, with purpose to commit or facilitate the
commission of an offense, shall impersonate a peace officer, a
private police officer, a federal law enforcement officer, or an officer, agent, or employee of the
state. (E) No person shall commit a felony while impersonating a
peace officer, a private police officer, a federal law enforcement officer, or an officer, agent, or
employee of the state. (F) It is an affirmative defense to a charge under
division
(B) of this section that the impersonation of the peace
officer
was for a lawful purpose. (G) Whoever violates division (B) of this section is
guilty
of a misdemeanor of the fourth degree. Whoever violates
division
(C) or (D) of this section is guilty of a misdemeanor of
the first
degree. If the purpose of a violation of division (D)
of this
section is to commit or facilitate the commission of a
felony, a
violation of division (D) is a felony of the
fourth degree.
Whoever violates division (E) of this section is guilty
of a
felony of the third degree. 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, 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. In addition to the mandatory prison term or mandatory and additional prison term imposed as described in division (D)(4) of this section, the
court also may sentence the offender to a community
control sanction under
section 2929.16 or 2929.17 of the Revised
Code, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony OVI offense under division (G)(1) of section 2929.13 of the Revised Code and the court imposes a mandatory term of local incarceration, the court may impose a prison term as described in division (A)(1) of that section. (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 2941.1414 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 2941.1415 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 2941.1415 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), (4), or (5) of this
section, the term to be
served is the aggregate of all of the terms so
imposed. (F)(1) If a court imposes a prison term of a type
described in
division (B) of section 2967.28 of the
Revised Code for a felony of the first degree, for a felony of the second degree, for a felony sex offense, or for a felony of the third degree that is not a felony sex offense and in the commission of which the offender caused or threatened to cause physical harm to a person, 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 sentence including a prison term of a type described in this division on or after the effective date of this amendment, the failure of a court to include a post-release control requirement in the sentence pursuant to this division does not negate, limit, or otherwise affect the mandatory period of post-release control that is required for the offender under division (B) of section 2967.28 of the Revised Code. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control. (2) If a court
imposes a prison term
of a type described in division (C) of that
section for a felony of the third, fourth, or fifth degree that is not subject to division (F)(1) of this 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. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control. (G) If a person is convicted of or pleads guilty to a
violent sex
offense or a designated homicide, assault, or kidnapping offense and, in relation to that offense, the offender is adjudicated a sexually violent
predator, 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. 2929.19. (A)(1) The court shall hold a sentencing
hearing
before imposing a sentence
under this chapter upon an
offender who was convicted of or
pleaded guilty to a felony and
before resentencing an offender
who was convicted of or pleaded
guilty to a felony and whose case
was remanded pursuant to section
2953.07 or 2953.08 of the Revised
Code. At the hearing, the
offender, the prosecuting attorney, the victim or
the victim's
representative in accordance with section 2930.14 of
the Revised
Code, and, with the approval of the
court, any other person may
present information relevant to the
imposition of sentence in the
case. The court shall inform the
offender of the verdict of the
jury or finding of the court and
ask the offender whether the
offender has anything to say as to why
sentence should not be
imposed upon the offender. (2) Except as otherwise provided in this division, before
imposing sentence on an offender who is being
sentenced on or after January 1, 1997, for a
sexually oriented offense that is not a registration-exempt sexually oriented offense and who is in any category of offender described in division (B)(1)(a)(i), (ii), or (iii) of section 2950.09 of the Revised Code, the court shall
conduct a
hearing in accordance with division (B)
of section
2950.09 of the Revised Code to
determine whether the offender is a
sexual predator. The court shall not
conduct a hearing under that
division if the offender is being sentenced for a
violent sex
offense or a designated homicide, assault, or kidnapping offense and, in relation to that offense, the offender was adjudicated a sexually violent predator. Before imposing sentence
on an
offender who is being sentenced for a sexually oriented
offense that is not a registration-exempt sexually oriented offense,
the court also shall comply with division (E) of section
2950.09 of
the Revised Code. Before imposing sentence on or after July 31, 2003, on an offender who is being sentenced for a child-victim oriented offense, regardless of when the offense was committed, the court shall conduct a hearing in accordance with division (B) of section 2950.091 of the Revised Code to determine whether the offender is a child-victim predator. Before imposing sentence on an offender who is being sentenced for a child-victim oriented offense, the court also shall comply with division (E) of section 2950.091 of the Revised Code. (B)(1) At the sentencing hearing, the court,
before imposing
sentence, shall consider the record,
any information presented at
the hearing by any person pursuant
to division (A) of this
section, and, if one was
prepared, the presentence investigation
report made pursuant to
section 2951.03 of the Revised Code or
Criminal Rule 32.2, and any victim impact
statement made pursuant
to section 2947.051 of the
Revised Code. (2) The court shall impose a sentence and shall make a
finding that gives its reasons for selecting the sentence
imposed
in any of the following circumstances: (a) Unless the offense is a violent sex offense or designated homicide, assault, or kidnapping offense for
which
the court is required to impose sentence pursuant to
division (G) of
section 2929.14 of the Revised Code, if it imposes
a prison term for a felony
of the fourth or fifth degree or for a
felony drug
offense that is a violation of a provision of
Chapter
2925. of the Revised Code and that is specified as
being subject
to division (B)
of section 2929.13 of the Revised Code for
purposes of
sentencing, its reasons for imposing the prison term,
based upon the overriding purposes and principles of felony
sentencing set
forth in section 2929.11 of the Revised Code, and
any factors
listed in divisions (B)(1)(a) to (i) of section
2929.13 of
the Revised
Code that it found to apply relative to the
offender. (b) If it does not impose a
prison term for a felony of the
first or second degree or for
a felony drug offense that is a
violation of a
provision of Chapter 2925. of
the Revised Code and
for which a
presumption in favor of a prison term is specified as
being
applicable, its reasons for not imposing the prison term and
for
overriding the presumption, based upon the overriding purposes
and principles of felony sentencing set forth in section 2929.11
of the Revised Code, and the basis of the findings it made under
divisions (D)(1) and (2) of
section 2929.13 of the Revised Code. (c) If it imposes consecutive sentences under
section
2929.14 of the Revised Code, its reasons for imposing
the
consecutive sentences; (d) If the sentence is for one offense and it imposes a
prison term for the
offense that is the maximum prison term
allowed for that offense by division
(A) of section 2929.14 of the
Revised Code, its reasons for imposing the
maximum prison term; (e) If the sentence is for two or more offenses arising out
of a single
incident and it imposes a prison term for those
offenses that is the maximum
prison term allowed for the offense
of the highest degree by division (A) of
section 2929.14 of the
Revised Code, its reasons for imposing the maximum
prison term. (3) Subject to division (B)(4) of
this section, if the
sentencing court determines at the
sentencing hearing that a
prison term is necessary or required,
the court shall do all of
the following: (a) Impose a stated prison term; (b) Notify the offender that, as part of the sentence,
the
parole board may extend the stated prison term for certain
violations of
prison rules for up to
one-half of the stated prison
term; (c) Notify the offender that the offender will be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is
being sentenced for a
felony of
the first degree or second
degree, for a felony
sex offense, or
for a felony of the third degree that is not a felony sex offense and in the commission of which
the
offender caused or threatened to cause physical harm to a person;. If a court imposes a sentence including a prison term of a type described in division (B)(3)(c) of this section on or after the effective date of this amendment, the failure of a court to notify the offender pursuant to division (B)(3)(c) of this section that the offender will be supervised under section 2967.28 of the Revised Code after the offender leaves prison or to include in the judgment of conviction entered on the journal a statement to that effect does not negate, limit, or otherwise affect the mandatory period of supervision that is required for the offender under division (B) of section 2967.28 of the Revised Code. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment, a court imposed a sentence including a prison term of a type described in division (B)(3)(c) of this section and failed to notify the offender pursuant to division (B)(3)(c) of this section regarding post-release control or to include in the judgment of conviction entered on the journal or in the sentence a statement regarding post-release control. (d) Notify the offender that the offender may be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is being sentenced for a
felony of
the third, fourth, or fifth degree that is not subject to
division
(B)(3)(c) of this section;. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment, a court imposed a sentence including a prison term of a type described in division (B)(3)(d) of this section and failed to notify the offender pursuant to division (B)(3)(d) of this section regarding post-release control or to include in the judgment of conviction entered on the journal or in the sentence a statement regarding post-release control. (e) Notify the offender that, if a
period of supervision is
imposed following
the
offender's release from prison, as described
in division
(B)(3)(c) or (d) of this
section, and if the offender
violates that supervision or a condition of
post-release control
imposed under division (B) of section 2967.131 of the
Revised
Code, the parole board may
impose a prison
term, as part of the
sentence, of up to one-half of the stated
prison term originally
imposed
upon the offender;. If a court imposes a sentence including a prison term on or after the effective date of this amendment, the failure of a court to notify the offender pursuant to division (B)(3)(e) of this section that the parole board may impose a prison term as described in division (B)(3)(e) of this section for a violation of that supervision or a condition of post-release control imposed under division (B) of section 2967.131 of the Revised Code or to include in the judgment of conviction entered on the journal a statement to that effect does not negate, limit, or otherwise affect the authority of the parole board to so impose a prison term for a violation of that nature if, pursuant to division (D)(1) of section 2967.28 of the Revised Code, the parole board notifies the offender prior to the offender's release of the board's authority to so impose a prison term. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment, a court imposed a sentence including a prison term and failed to notify the offender pursuant to division (B)(3)(e) of this section regarding the possibility of the parole board imposing a prison term for a violation of supervision or a condition of post-release control. (f) Require that the offender not ingest or be injected with
a drug of abuse
and submit to random drug testing as provided in
section 341.26, 753.33, or
5120.63 of the Revised Code, whichever
is applicable to the offender who is
serving a prison term, and
require that the results of the drug test
administered under any
of those sections indicate that the offender did not
ingest or was
not injected with a drug of abuse. (4) If the offender is being sentenced for a
violent sex offense or designated homicide, assault, or kidnapping offense
that the offender committed on or after January 1,
1997,
and the offender is adjudicated a
sexually
violent predator in relation to that offense, if the
offender is being sentenced
for
a
sexually oriented offense that is not a registration-exempt sexually oriented offense and that the offender
committed on or
after
January 1, 1997, and the court
imposing the sentence has
determined pursuant to division (B) of
section 2950.09 of
the
Revised Code that the offender is a sexual predator, if the offender is being sentenced on or after July 31, 2003, for a child-victim oriented offense and the court imposing the sentence has determined pursuant to division (B) of section 2950.091 of the Revised Code that the offender is a child-victim predator,
or if the
offender is being sentenced for an aggravated sexually oriented
offense as defined in section 2950.01 of the Revised Code, the
court
shall include in the offender's
sentence a
statement that
the
offender has been adjudicated a sexual
predator, has been adjudicated a child victim predator,
or has been convicted of or pleaded guilty
to an
aggravated sexually oriented offense, whichever is
applicable, and
shall
comply with the requirements of section
2950.03 of the
Revised
Code. Additionally, in the circumstances
described in
division
(G) of section 2929.14 of the Revised Code,
the court
shall impose
sentence on
the offender as described in
that
division. (5) If the sentencing court determines at the
sentencing
hearing that a community control sanction should be
imposed and
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction.
The
court shall notify the offender that, if the conditions of the
sanction are violated, if
the offender commits a violation of any
law, or if the offender leaves this
state without the permission
of the court or the offender's probation
officer, the court
may
impose a longer time under
the same sanction, may impose a more
restrictive sanction, or may
impose a prison term on the offender
and shall indicate the
specific prison term that may be imposed as
a sanction for the
violation, as selected by the court from the
range of prison
terms for the offense pursuant to section 2929.14
of the
Revised Code. (6) Before imposing a financial sanction under section
2929.18 of the Revised Code or a fine under section
2929.32 of the
Revised
Code, the court shall consider the
offender's present and
future ability to
pay the amount of the
sanction or fine.
(7) If the sentencing court sentences the offender to a
sanction of confinement pursuant to section 2929.14 or 2929.16 of
the Revised Code that is to be served in a local detention
facility, as defined in section
2929.36 of the Revised
Code, and
if the local detention facility is covered by a policy
adopted
pursuant to section 307.93, 341.14, 341.19, 341.21,
341.23,
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised
Code
and section 2929.37 of the Revised Code, both of the
following
apply: (a) The court shall specify both of the following as part of
the sentence: (i) If the offender is presented with an itemized bill
pursuant to section 2929.37 of the Revised Code for payment of the
costs of confinement, the offender is required to pay the bill in
accordance with that section. (ii) If the offender does not dispute the bill described in
division (B)(7)(a)(i) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the
clerk of the court may
issue a certificate of judgment against the
offender as described
in that section. (b) The sentence automatically includes any certificate of
judgment issued as described in division (B)(7)(a)(ii) of this
section. (C)(1) If the offender is being sentenced for a fourth
degree felony
OVI offense under division (G)(1) of
section
2929.13
of the Revised Code, the court shall impose the mandatory
term
of
local
incarceration in accordance with that division,
shall impose
a mandatory fine
in accordance with division (B)(3)
of section
2929.18 of the Revised Code,
and, in addition, may
impose
additional sanctions as specified in sections
2929.15,
2929.16,
2929.17, and 2929.18 of the Revised Code. The court
shall
not
impose a prison term on the offender except that the court may impose a prison term upon the offender as provided in division (A)(1) of section 2929.13 of the Revised Code. (2) If the offender is being sentenced for a third or fourth
degree felony
OVI offense under division (G)(2) of
section
2929.13
of the Revised Code, the court shall impose the mandatory
prison
term in accordance with that
division, shall impose a
mandatory
fine in accordance with division (B)(3) of
section
2929.18 of the
Revised Code, and, in addition, may impose an
additional prison
term as specified in section 2929.14 of the
Revised Code.
In addition to the mandatory prison term or mandatory prison term and additional prison term the court imposes, the
court also may impose a community control
sanction on the
offender, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction. (D)
The sentencing court, pursuant to division (K) of
section
2929.14 of the Revised Code, may recommend placement of
the
offender in a program of
shock incarceration
under section
5120.031 of the Revised Code or an intensive program prison
under
section 5120.032 of the Revised Code, disapprove placement of
the
offender in a program or prison of that nature, or make no
recommendation.
If the court
recommends or disapproves
placement,
it shall make a finding that gives its reasons for its
recommendation
or disapproval. Sec. 2929.191. (A)(1) If, prior to the effective date of this section, a court imposed a sentence including a prison term of a type described in division (B)(3)(c) of section 2929.19 of the Revised Code and failed to notify the offender pursuant to that division that the offender will be supervised under section 2967.28 of the Revised Code after the offender leaves prison or to include a statement to that effect in the judgment of conviction entered on the journal or in the sentence pursuant to division (F)(1) of section 2929.14 of the Revised Code, at any time before the offender is released from imprisonment under that term and at a hearing conducted in accordance with division (C) of this section, the court may prepare and issue a correction to the judgment of conviction that includes in the judgment of conviction the statement that the offender will be supervised under section 2967.28 of the Revised Code after the offender leaves prison.
If, prior to the effective date of this section, a court imposed a sentence including a prison term of a type described in division (B)(3)(d) of section 2929.19 of the Revised Code and failed to notify the offender pursuant to that division that the offender may be supervised under section 2967.28 of the Revised Code after the offender leaves prison or to include a statement to that effect in the judgment of conviction entered on the journal or in the sentence pursuant to division (F)(2) of section 2929.14 of the Revised Code, at any time before the offender is released from imprisonment under that term and at a hearing conducted in accordance with division (C) of this section, the court may prepare and issue a correction to the judgment of conviction that includes in the judgment of conviction the statement that the offender may be supervised under section 2967.28 of the Revised Code after the offender leaves prison.
(2) If a court prepares and issues a correction to a judgment of conviction as described in division (A)(1) of this section before the offender is released from imprisonment under the prison term the court imposed prior to the effective date of this section, the court shall place upon the journal of the court an entry nunc pro tunc to record the correction to the judgment of conviction and shall provide a copy of the entry to the offender or, if the offender is not physically present at the hearing, shall send a copy of the entry to the department of rehabilitation and correction for delivery to the offender. If the court sends a copy of the entry to the department, the department promptly shall deliver a copy of the entry to the offender. The court's placement upon the journal of the entry nunc pro tunc before the offender is released from imprisonment under the term shall be considered, and shall have the same effect, as if the court at the time of original sentencing had included the statement in the sentence and the judgment of conviction entered on the journal and had notified the offender that the offender will be so supervised regarding a sentence including a prison term of a type described in division (B)(3)(c) of section 2929.19 of the Revised Code or that the offender may be so supervised regarding a sentence including a prison term of a type described in division (B)(3)(d) of that section.
(B)(1) If, prior to the effective date of this section, a court imposed a sentence including a prison term and failed to notify the offender pursuant to division (B)(3)(e) of section 2929.19 of the Revised Code regarding the possibility of the parole board imposing a prison term for a violation of supervision or a condition of post-release control or to include in the judgment of conviction entered on the journal a statement to that effect, at any time before the offender is released from imprisonment under that term and at a hearing conducted in accordance with division (C) of this section, the court may prepare and issue a correction to the judgment of conviction that includes in the judgment of conviction the statement that if a period of supervision is imposed following the offender's release from prison, as described in division (B)(3)(c) or (d) of section 2929.19 of the Revised Code, and if the offender violates that supervision or a condition of post-release control imposed under division (B) of section 2967.131 of the Revised Code the parole board may impose as part of the sentence a prison term of up to one-half of the stated prison term originally imposed upon the offender.
(2) If the court prepares and issues a correction to a judgment of conviction as described in division (B)(1) of this section before the offender is released from imprisonment under the term, the court shall place upon the journal of the court an entry nunc pro tunc to record the correction to the judgment of conviction and shall provide a copy of the entry to the offender or, if the offender is not physically present at the hearing, shall send a copy of the entry to the department of rehabilitation and correction for delivery to the offender. If the court sends a copy of the entry to the department, the department promptly shall deliver a copy of the entry to the offender. The court's placement upon the journal of the entry nunc pro tunc before the offender is released from imprisonment under the term shall be considered, and shall have the same effect, as if the court at the time of original sentencing had included the statement in the judgment of conviction entered on the journal and had notified the offender pursuant to division (B)(3)(e) of section 2929.19 of the Revised Code regarding the possibility of the parole board imposing a prison term for a violation of supervision or a condition of post-release control.
(C) On and after the effective date of this section, a court that wishes to prepare and issue a correction to a judgment of conviction of a type described in division (A)(1) or (B)(1) of this section shall not issue the correction until after the court has conducted a hearing in accordance with this division. Before a court holds a hearing pursuant to this division, the court shall provide notice of the date, time, place, and purpose of the hearing to the offender who is the subject of the hearing, the prosecuting attorney of the county, and the department of rehabilitation and correction. The offender has the right to be physically present at the hearing, except that, upon the court's own motion or the motion of the offender or the prosecuting attorney, the court may permit the offender to appear at the hearing by video conferencing equipment if available and compatible. An appearance by video conferencing equipment pursuant to this division has the same force and effect as if the offender were physically present at the hearing. At the hearing, the offender and the prosecuting attorney may make a statement as to whether the court should issue a correction to the judgment of conviction.
Sec. 2967.28. (A) As used in this section: (1) "Monitored time" means the monitored time
sanction
specified in section 2929.17 of the Revised
Code. (2) "Deadly weapon" and "dangerous
ordnance" have the same
meanings as in section 2923.11 of
the Revised Code. (3) "Felony sex offense" means a violation of a section
contained in
Chapter 2907. of the Revised Code that is a felony. (B) Each sentence to a prison term for a felony
of the first
degree, for a felony of the second degree, for a felony sex
offense, or for a felony of the third degree
that is not a felony
sex offense and in the commission of which the offender
caused or
threatened to cause physical harm to a person shall include a
requirement that the offender be subject to a period of
post-release control imposed by the parole board after the
offender's
release from imprisonment. If a court imposes a sentence including a prison term of a type described in this division on or after the effective date of this amendment, the failure of a sentencing court to notify the offender pursuant to division (B)(3)(c) of section 2929.19 of the Revised Code of this requirement or to include in the judgment of conviction entered on the journal a statement that the offender's sentence includes this requirement does not negate, limit, or otherwise affect the mandatory period of supervision that is required for the offender under this division. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment, a court imposed a sentence including a prison term of a type described in this division and failed to notify the offender pursuant to division (B)(3)(c) of section 2929.19 of the Revised Code regarding post-release control or to include in the judgment of conviction entered on the journal or in the sentence pursuant to division (F)(1) of section 2929.14 of the Revised Code a statement regarding post-release control. Unless reduced by the
parole board
pursuant to division (D) of this section when
authorized under that
division, a period of
post-release control
required by this division for an offender shall be of one
of the
following periods: (1) For a felony of the first degree or for a felony sex
offense, five
years; (2) For a felony of the second degree that is not a felony
sex offense,
three years; (3) For a felony of the third degree that is not a felony
sex
offense and in the commission of which the offender caused or
threatened
physical harm to a person, three years. (C) Any sentence to a prison term for a felony
of the third,
fourth, or
fifth degree that is not subject to division (B)(1) or
(3) of this
section shall include a requirement that the offender
be
subject to a period of post-release control of up to three
years
after the offender's release from imprisonment, if the
parole board, in
accordance with division (D) of this section,
determines that a
period of post-release control is necessary for
that offender. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment, a court imposed a sentence including a prison term of a type described in this division and failed to notify the offender pursuant to division (B)(3)(d) of section 2929.19 of the Revised Code regarding post-release control or to include in the judgment of conviction entered on the journal or in the sentence pursuant to division (F)(2) of section 2929.14 of the Revised Code a statement regarding post-release control. (D)(1) Before the prisoner is released from
imprisonment,
the parole board
shall impose upon a prisoner
described in
division (B) of this section, may impose
upon a prisoner described
in division (C) of this
section, and shall impose upon a prisoner
described in division
(B)(2)(b) of section 5120.031 or in division
(B)(1) of section 5120.032 of the Revised
Code, one or more
post-release control sanctions to apply
during the prisoner's
period of post-release control. Whenever the board
imposes one or
more post-release control sanctions upon a prisoner, the board,
in
addition to imposing the sanctions, also shall include as a
condition of
the post-release control that the individual or felon
not
leave the state without permission of the court or the
individual's or felon's
parole or probation officer and that the
individual or felon abide by the
law. The board may impose any
other
conditions of release under a post-release control sanction
that the board
considers appropriate, and the conditions of
release may include any
community residential sanction, community
nonresidential sanction, or
financial sanction that the sentencing
court was authorized to impose pursuant
to sections 2929.16,
2929.17, and 2929.18 of the Revised Code. Prior to
the release of
a prisoner for whom it will impose one or more post-release
control sanctions under this division, the parole board shall
review the
prisoner's
criminal history, all
juvenile court
adjudications finding the prisoner, while a juvenile, to be a
delinquent child, and the record of the prisoner's conduct while
imprisoned. The parole board shall consider any recommendation
regarding
post-release control sanctions for the prisoner made by
the office of victims'
services. After considering those
materials, the board shall
determine, for a prisoner described in
division (B) of
this section, division (B)(2)(b) of
section
5120.031, or division (B)(1) of section 5120.032
of the Revised
Code, which post-release control
sanction or combination of
post-release control sanctions is
reasonable under the
circumstances or, for a prisoner described
in division (C) of this
section, whether a post-release
control sanction is necessary and,
if so, which post-release
control sanction or combination of
post-release control sanctions
is reasonable under the
circumstances. In the case of a prisoner convicted of
a felony of
the fourth
or fifth degree other than a felony sex offense, the
board shall presume that
monitored time is the appropriate
post-release control sanction unless the
board determines that a
more restrictive sanction is
warranted. A post-release control
sanction imposed under this
division takes effect upon the
prisoner's release from
imprisonment. Regardless of whether the prisoner was sentenced to the prison term prior to, on, or after the effective date of this amendment, prior to the release of a prisoner for whom it will impose one or more post-release control sanctions under this division, the parole board shall notify the prisoner that, if the prisoner violates any sanction so imposed or any condition of post-release control described in division (B) of section 2967.131 of the Revised Code that is imposed on the prisoner, the parole board may impose a prison term of up to one-half of the stated prison term originally imposed upon the prisoner. (2) At any time after a prisoner is
released from
imprisonment and during the period of post-release control
applicable to the releasee, the adult parole
authority may
review
the releasee's behavior under the post-release control
sanctions
imposed upon the releasee under this section. The authority may
determine, based upon the review and in accordance with the
standards
established under division (E) of this section, that a
more
restrictive or a
less restrictive sanction is appropriate and
may impose a
different sanction. Unless the period of
post-release control was imposed for
an offense described in
division (B)(1) of this section, the
authority also may recommend
that the parole board reduce the
duration of the period of
post-release control imposed by the
court. If the authority
recommends that the board
reduce the duration of control for an
offense described in division
(B)(2), (B)(3), or (C) of this
section, the board
shall review the
releasee's behavior and may
reduce the duration of the period of
control imposed by the court.
In no case shall the board reduce the duration
of the period of
control imposed by the court for an offense described in
division
(B)(1) of this section, and in no case shall the board
permit the
releasee to leave the
state without permission of the court or the
releasee's parole or probation
officer. (E) The department of rehabilitation and correction, in
accordance with
Chapter 119. of the Revised Code, shall adopt
rules that do all of the
following: (1) Establish standards for the imposition by the
parole
board of post-release control sanctions under this section
that
are consistent with the overriding purposes and sentencing
principles set forth in section 2929.11 of the Revised
Code and
that are appropriate to the needs of releasees; (2) Establish standards by which the parole board can
determine which prisoners described in division (C) of
this
section should be placed under a period of post-release
control; (3) Establish standards to be used by the parole board
in
reducing the duration of the period of post-release control
imposed by the court when authorized under division (D) of this
section, in imposing a more restrictive post-release
control
sanction than monitored time upon a prisoner convicted of a felony
of
the fourth or fifth
degree other than a felony sex offense, or
in imposing a less restrictive
control sanction
upon a releasee
based on the releasee's activities including, but
not limited to,
remaining free from criminal activity and from
the abuse of
alcohol or other drugs, successfully participating
in approved
rehabilitation programs, maintaining employment, and
paying
restitution to the victim or meeting the terms of other
financial
sanctions; (4) Establish standards to be used by the adult parole
authority in
modifying a releasee's post-release control sanctions
pursuant to division
(D)(2) of this section; (5) Establish standards to be used by the adult parole
authority or parole
board in imposing further sanctions under
division (F) of this
section on releasees who violate post-release
control sanctions,
including standards that do the following: (a) Classify violations according to the degree of
seriousness; (b) Define the circumstances under which formal
action by
the parole board is warranted; (c) Govern the use of evidence at violation hearings; (d) Ensure procedural due process to an alleged violator; (e) Prescribe nonresidential community control
sanctions for
most misdemeanor and technical violations; (f) Provide procedures for the return of a releasee to
imprisonment for
violations of post-release control. (F)(1) If a post-release control sanction is imposed Whenever the parole board imposes one or more post-release control sanctions upon an
offender under
this section,
the offender upon release from
imprisonment shall be under the general
jurisdiction of the
adult
parole authority and generally shall be supervised by the
field services section through its staff of parole and
field
officers
as described in section 5149.04 of the Revised
Code, as if the
offender had been
placed on parole. If the
offender upon release
from imprisonment violates the
post-release
control sanction or
any
conditions described in
division (A) of
section 2967.131 of
the Revised Code that are imposed on
the
offender, the public or
private
person or entity that
operates or
administers the sanction
or the program or activity
that comprises
the sanction shall
report the violation directly
to the adult
parole authority or to
the officer of the authority
who supervises
the offender. The
authority's officers may treat
the offender as
if the offender
were on parole and in violation of the
parole, and
otherwise shall
comply with this section. (2) If the adult parole authority determines that a
releasee
has violated a post-release control sanction or any conditions
described in division (A) of section
2967.131 of the Revised Code
imposed
upon the releasee and that a more restrictive sanction is
appropriate,
the authority may impose a more restrictive sanction
upon the
releasee, in accordance with the standards established
under
division (E) of this section,
or may report the violation to
the parole board for a hearing
pursuant to division (F)(3) of
this
section. The authority may not, pursuant to this division,
increase the duration of the releasee's post-release control or
impose as a post-release control sanction a
residential sanction
that includes a prison term,
but the authority may impose on the
releasee any other residential
sanction, nonresidential sanction,
or financial sanction that the sentencing
court was authorized to
impose pursuant to sections 2929.16, 2929.17, and
2929.18 of the
Revised Code. (3) The parole board may hold a hearing on
any alleged
violation by a releasee of a post-release control
sanction or any
conditions described in
division (A) of
section 2967.131 of the
Revised Code that are imposed upon the
releasee. If after the
hearing the
board finds that
the releasee violated the sanction or
condition, the board
may increase the
duration of the releasee's
post-release control up to the maximum
duration authorized by
division (B) or (C) of
this section or impose a more restrictive
post-release control
sanction.
When appropriate, the board may
impose as a
post-release control sanction a residential sanction
that
includes a prison term.
The board shall consider a prison
term as a post-release control
sanction imposed for a violation of
post-release control when the
violation
involves a deadly weapon
or dangerous ordnance, physical harm or
attempted serious physical
harm to a person, or sexual misconduct,
or when the releasee
committed repeated violations of
post-release control sanctions.
The period of a prison term that
is
imposed as a post-release
control sanction under this division shall not
exceed nine months,
and the maximum cumulative prison term for all
violations under
this division shall not exceed one-half
of the stated prison
term
originally imposed upon the offender as part of this sentence.
The
period of a prison term that is imposed as a
post-release
control
sanction under this division shall not count as, or be
credited
toward, the remaining period of post-release control.
If an offender is imprisoned for a felony committed while
under post-release control supervision and is again released on
post-release control for a period of time determined by division
(F)(4)(d) of this section, the maximum cumulative prison term for
all violations under this division shall not exceed one-half of
the total stated prison terms of the earlier felony, reduced by
any prison term administratively imposed by the parole board, plus
one-half of the total stated prison term of the new felony. (4)
Any period of post-release control shall commence upon
an
offender's actual release from prison. If an offender is
serving
an
indefinite prison term or a life sentence in addition
to a
stated prison term,
the offender shall serve the period of
post-release control in the following
manner: (a) If a period of post-release control is imposed upon the
offender and if the offender also is subject to a period of parole
under a
life sentence or an indefinite sentence, and if the period
of post-release
control ends prior to the period of parole, the
offender shall be supervised
on parole. The offender shall
receive credit for post-release control
supervision during the
period of parole. The offender is not eligible for
final release
under section 2967.16 of the Revised Code until
the post-release
control period
otherwise would have ended. (b) If a period of post-release control is imposed upon the
offender and if the offender also is subject to a period of parole
under an
indefinite sentence, and if the period of parole ends
prior to the period of
post-release control, the offender shall be
supervised on post-release
control. The requirements of parole
supervision shall be satisfied during the
post-release control
period. (c) If an offender is subject to more than one period of
post-release control, the period of post-release control for all
of the
sentences shall be the period of post-release control that
expires last, as
determined by the parole board. Periods of
post-release control shall be
served concurrently and shall not be
imposed consecutively to each other. (d) The period of
post-release control for a releasee who
commits a felony while
under post-release control for an earlier
felony shall be the
longer of the period of post-release control
specified for the
new felony under division (B) or (C) of this
section or the time remaining under the period of post-release
control imposed for the earlier felony as determined by the parole
board. Sec.
4510.07. (A) The court imposing a sentence upon
an
offender for any
violation of a municipal ordinance
that is
substantially equivalent to
a violation of
section 2903.06
or
2907.24
of the Revised Code
or for any violation of a municipal
OVI
ordinance also shall impose a
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 (B)(A) of section
4510.02
of the Revised Code that is equivalent in length to the
suspension
required for a violation of section 2903.06
or 2907.24
or division
(A) or (B) of section
4511.19 of the Revised
Code
under similar circumstances. (B)(1) As used in division (B)(2) of this section, "equivalent state OVI offender" means a person who is convicted of or pleads guilty to a violation of division (A) of section 4511.19 of the Revised Code under circumstances similar to the circumstances of the offender who is convicted of or pleads guilty to a violation of a municipal OVI ordinance and to whom division (B)(2) of this section is being applied.
(2) If an offender is convicted of or pleads guilty to a violation of a municipal OVI ordinance that is substantially equivalent to division (A) of section 4511.19 of the Revised Code and the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege was suspended under division (B) or (C) of section 4511.191 of the Revised Code as a result of the same incident or the same set of facts and circumstances that resulted in the conviction or guilty plea, when the court suspends the offender's license, permit, or privilege pursuant to division (A) of this section for the violation of the municipal OVI ordinance, the period of suspension the court imposes upon the offender shall not be less than the greater of either the minimum suspension period specified in division (A)(2), (3), (4), or (5) of section 4510.02 of the Revised Code for an equivalent state OVI offender or the period of time remaining in the suspension imposed upon the offender under division (B) or (C) of section 4511.191 of the Revised Code on the date the court imposes sentence upon the offender. The period of suspension the court imposes upon the offender shall not exceed the maximum period specified in division (A)(2), (3), (4), or (5) of section 4510.02 of the Revised Code, as applicable.
Sec. 4510.13. (A)(1) Divisions (A)(2) to (7) of this
section apply to a judge or mayor
regarding the suspension of, or
the grant of limited driving privileges
during a suspension of, an
offender's driver's or
commercial driver's license or permit or
nonresident operating
privilege imposed under division (G) or (H)
of section
4511.19 of the Revised Code, under division (B)
or (C)
of section 4511.191 of the Revised Code, or under section
4510.07
of the Revised Code for a conviction of a violation of a
municipal
OVI ordinance. (2) No judge or mayor shall suspend the following portions
of the
suspension of an offender's driver's or commercial driver's
license or
permit or nonresident operating privilege imposed under
division
(G) or (H) of section
4511.19 of the Revised Code or
under section 4510.07 of the Revised Code for a conviction of
a
violation of a municipal OVI ordinance, provided that division
(A)(2) of this section does not limit a court or
mayor in
crediting any period of suspension imposed pursuant to division
(B) or (C) of section 4511.191 of the Revised Code against
any
time of judicial suspension imposed pursuant to section 4511.19 or
4510.07 of the Revised Code, as described in divisions
(B)(2) and
(C)(2) of section
4511.191 of the Revised Code: (a) The first six months of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code
or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code; (b) The first year of a suspension imposed under division
(G)(1)(b) or (c) of
section 4511.19 of the Revised Code or of a
comparable
length
suspension imposed under section 4510.07 of the
Revised
Code; (c) The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or of a
comparable length suspension imposed under section 4510.07
of the Revised Code; (d) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code. (3) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(G) or (H) of section 4511.19 of the Revised Code, under
division (C) of section 4511.191 of the Revised Code, or under
section 4510.07 of the Revised Code for a municipal OVI conviction
if the offender, within the preceding six twenty years, has been
convicted of or
pleaded guilty to three four or more violations of one
or more of the Revised Code sections, municipal ordinances,
statutes
of the United States or another state, or municipal
ordinances of
a municipal corporation of another state that are
identified in
divisions division (G)(2)(b) to (h) of section
2919.22 of the
Revised Code. Additionally, no judge or mayor shall grant limited driving
privileges to an offender a person whose driver's or commercial driver's
license
or permit or nonresident operating privilege has been
suspended under
division (B) of section 4511.191 of the Revised
Code if the
offender person, within the preceding six twenty years of the date on which the person refused the request to consent to the chemical test that resulted in the suspension, has had refused
three four or more previous requests
to consent to a chemical test of the
person's whole blood, blood serum or
plasma, breath, or urine to
determine its alcohol content, had been convicted of or pleaded guilty to four or more violations of division (A) or (B) of section 4511.19 of the Revised Code or other equivalent offenses, or had refused a number of previous requests to consent to a chemical test and also had been convicted of or pleaded guilty to a number of violations of division (A) or (B) of section 4511.19 of the Revised Code or of other equivalent offenses, each of which violations or offenses arose from an incident other than an incident that led to any of the refusals, that in combination consist of a total of four or more such refusals, convictions, and guilty pleas. (4) No judge or mayor shall grant limited driving privileges
for
employment as a driver of commercial motor vehicles to an
offender whose
driver's or commercial driver's license or permit
or nonresident
operating privilege has been suspended under
division (G) or
(H)
of section 4511.19 of the Revised Code, under
division (B) or (C)
of section 4511.191 of the Revised Code, or
under section 4510.07
of the Revised Code for a municipal OVI
conviction if the
offender is disqualified from operating a
commercial motor vehicle, or whose license or permit has been
suspended, under
section 3123.58 or 4506.16 of the
Revised Code. (5) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(G) or (H) of section 4511.19 of the Revised Code, under
division (C) of section 4511.191 of the Revised Code, or under
section 4510.07 of the Revised Code for a conviction of a
violation of a municipal OVI ordinance during any of the following
periods of time: (a) The first fifteen days of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code or a
comparable
length suspension imposed under section 4510.07 of the
Revised Code, or of a suspension
imposed under
division (C)(1)(a)
of section 4511.191 of the
Revised Code. On or after
the
sixteenth day of the suspension, the court may grant limited
driving privileges, but the court may require that the offender
shall not
exercise the privileges
unless the vehicles the offender
operates are equipped with
immobilizing or disabling devices that
monitor the offender's
alcohol consumption or any other type of
immobilizing or disabling
devices, except as provided in division
(C) of section 4510.43
of the Revised Code. (b) The first thirty days of a suspension imposed under
division
(G)(1)(b) of section 4511.19 of the Revised Code or a
comparable
length suspension imposed under section 4510.07 of the
Revised Code, or of a suspension
imposed under
division (C)(1)(b)
of section 4511.191 of the
Revised Code. On or after the
thirty-first day of
suspension, the court may grant limited
driving privileges, but the court may
require that the offender
shall not exercise the privileges
unless the vehicles the offender
operates are equipped with
immobilizing or disabling devices that
monitor the offender's
alcohol consumption or any other type of
immobilizing or disabling
devices, except as provided in division
(C) of section 4510.43
of the Revised Code. (c) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or a
comparable length suspension imposed under section 4510.07 of the
Revised Code. (d) The first one hundred eighty days of a suspension
imposed
under division (G)(1)(c) of section 4511.19 of the Revised
Code or
a comparable length suspension imposed under section
4510.07 of the Revised Code, or of a
suspension imposed under
division
(C)(1)(c) of section 4511.191 of
the Revised Code. The
judge may grant limited driving
privileges
on or after the one
hundred eighty-first day of the suspension only if the
judge, at
the time of granting the privileges, also
issues an order
prohibiting the offender, while exercising the
privileges during
the period commencing with the one hundred
eighty-first day of
suspension and ending with the first year of
suspension, from
operating any motor vehicle unless it is equipped
with an
immobilizing or disabling device that monitors the
offender's
alcohol consumption. After the first year of the
suspension, the
court may authorize the offender to continue
exercising the
privileges in vehicles that are not equipped with
immobilizing or
disabling devices that monitor the offender's
alcohol consumption,
except as provided in division (C) of section
4510.43 of the
Revised Code. If the offender does not petition for
limited
driving privileges until after the first year of
suspension, the
judge may grant limited driving privileges without
requiring the
use of an immobilizing or disabling device that
monitors the
offender's alcohol consumption. (e) The Subject to division (A)(3) of this section, the first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or a
comparable length suspension imposed under section 4510.07 of
the Revised Code, or of a
suspension imposed under
division
(C)(1)(d) of section 4511.191 of the
Revised Code. The
Subject to division (A)(3) of this section, the judge may
grant limited driving privileges after the first three
years of
suspension only if the judge, at the time of granting the
privileges, also issues an order prohibiting the offender from
operating any motor vehicle, for the period of suspension
following the first three years of suspension, unless the motor
vehicle is equipped with an immobilizing or disabling device that
monitors the offender's alcohol consumption, except as provided in
division
(C) of section 4510.43 of the Revised Code. (6) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(B) of section 4511.191 of the Revised Code during any of
the following periods of time: (a) The first thirty sixty days of suspension imposed under
division
(B)(1)(a) of section 4511.191 of the Revised Code; (b) The first ninety one hundred eighty days of suspension imposed under
division
(B)(1)(b) of section 4511.191 of the Revised Code; (c) The first year of suspension imposed under division
(B)(1)(c)
of section 4511.191 of the Revised Code; (d) The Subject to division (A)(3) of this section, the first three years of suspension imposed under
division
(B)(1)(d) of section 4511.191 of the Revised Code. (7) In any case in which a judge or mayor grants limited
driving
privileges to an offender whose driver's or commercial
driver's license
or permit or nonresident operating privilege has
been suspended under
division (G)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code, under division (G)(1)(a) of section 4511.19 of the Revised Code for a violation of division (A)(1)(f), (g), (h), or (i) of that section, or under
section 4510.07 of the Revised Code for a
municipal OVI
conviction for which sentence would have been imposed under division (G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of the Revised Code had the offender been charged with and convicted of a violation of section 4511.19 of the Revised Code instead of a violation of the municipal OVI ordinance, the judge or mayor shall impose as a
condition of the privileges
that the offender must display on the
vehicle that is driven subject to the
privileges
restricted
license plates that are issued under section 4503.231 of the
Revised Code, except
as provided in division (B) of that section. (B) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to
section 4511.19 or 4511.191 of the Revised Code or
under
section 4510.07 of the Revised Code for a violation of a
municipal OVI ordinance may file a petition for
limited driving
privileges during the suspension. The person shall file the
petition
in the court that has jurisdiction over the
place of
arrest. Subject to division (A) of this section, the court
may
grant the person limited driving privileges during the
period
during which the suspension otherwise would be imposed.
However,
the court shall not grant the privileges for
employment as a
driver of a commercial motor vehicle to any person
who is
disqualified from operating a commercial motor vehicle
under
section 4506.16 of the Revised Code or during any of
the
periods
prescribed by division (A) of this section. (C)(1) After a driver's or commercial driver's license or
permit
or nonresident operating privilege has been suspended
pursuant to section
2903.06, 2903.08, 2907.24, 2921.331, 4511.19,
4511.251, 4549.02, 4549.021, or
5743.99 of the Revised Code, any
provision of
Chapter 2925. of the Revised Code, or section
4510.07
of the Revised Code for a violation of a municipal
OVI ordinance,
the judge of the
court or
mayor of the mayor's court that
suspended the license, permit, or privilege
shall cause the
offender to deliver to the court
the license or permit. The
judge, mayor, or clerk of the court or
mayor's court shall
forward
to the registrar the license or permit together with
notice of the
action of the court. (2) A suspension of a commercial driver's license under any
section or chapter identified in division (C)(1) of this section
shall be concurrent with any period of suspension or
disqualification under
section 3123.58 or 4506.16 of the Revised
Code. No person
who is
disqualified for life from holding a
commercial driver's license
under
section 4506.16 of the Revised
Code shall be issued a
driver's license under this chapter during
the period for which
the commercial driver's license was suspended
under this section,
and no person whose commercial driver's
license is suspended under
any section or chapter identified in
division (C)(1) of this
section
shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period of the
suspension. (3) No judge or mayor shall suspend any class one
suspension, or any portion of any class one suspension, required
by section 2903.04 or 2903.06 of the Revised Code. No judge or
mayor shall suspend the first thirty days of any class two, class
three, class four, class five, or class six suspension imposed
under section 2903.06 or 2903.08 of the Revised Code. (D) The judge of the court or mayor of the mayor's court
shall
credit any time during which an offender was subject to an
administrative
suspension of the offender's driver's or commercial
driver's license or permit or nonresident operating privilege
imposed pursuant to section 4511.191 or 4511.192 of the Revised
Code or a suspension imposed by a judge,
referee, or mayor
pursuant to division (B)(1) or (2) of
section 4511.196 of the
Revised Code against the time to be
served
under a related
suspension imposed pursuant to any section or chapter
identified
in division (C)(1) of this chapter section. (E) The judge or mayor shall notify the bureau of motor
vehicles
of any determinations made pursuant to this section and
of any suspension
imposed pursuant to any section or chapter
identified in division
(C)(1) of this section. (F)(1) If a court issues an immobilizing or disabling device
order under section 4510.43 of the Revised Code, the order
shall
authorize the offender during the specified period to operate a
motor vehicle
only if it is equipped with an immobilizing or
disabling device, except as
provided in division (C) of that
section. The court
shall provide the offender with a copy of an
immobilizing or disabling
device order issued under section
4510.43 of the Revised
Code, and the offender shall use the copy
of the order
in lieu of an Ohio driver's or
commercial driver's
license or permit until the registrar or a deputy
registrar issues
the
offender a restricted license. An order issued under section 4510.43 of the Revised Code
does not
authorize or permit the offender to whom it has been
issued to operate a
vehicle during any time that the offender's
driver's or commercial driver's
license or
permit is suspended
under any other provision of law. (2) An offender may present an immobilizing or disabling
device
order to the registrar or to a deputy registrar. Upon
presentation of
the order to the registrar or a deputy registrar,
the registrar or
deputy registrar shall issue the offender a
restricted license. A
restricted license issued under this
division shall be identical
to an Ohio driver's license, except
that it shall have printed on
its face a statement that the
offender is prohibited during the period
specified in the court
order from operating any
motor vehicle that is not equipped with
an immobilizing or
disabling device. The date of commencement and
the
date of termination of the period of suspension shall be
indicated
conspicuously
upon the face of the license.
Sec. 4510.14. (A) No person whose driver's or commercial
driver's license or permit or nonresident operating privilege has
been
suspended under section 4511.19, 4511.191, or 4511.196 of the
Revised Code or under section
4510.07 of the Revised Code for a
conviction of a violation
of a municipal OVI ordinance shall
operate any motor
vehicle upon the public roads or
highways within
this state during the period of the
suspension. (B) Whoever violates this section is guilty of driving under
OVI
suspension. The court shall sentence the offender under
Chapter
2929. of the Revised Code, subject to the differences
authorized
or required by this section. (1) Except as otherwise provided in division (B)(2) or (3)
of
this section, driving under OVI suspension is a misdemeanor of
the
first degree. The court shall sentence the offender to all of
the
following: (a) A mandatory jail term of three consecutive days. The
three-day term shall be imposed, unless, subject to division (C)
of
this section, the court instead imposes a sentence of not less
than thirty
consecutive days of
house
arrest
with electronic monitoring. A period of
house arrest
with electronic monitoring imposed
under
this division shall not exceed six months. If the court
imposes a
mandatory three-day jail term under this division, the
court may
impose a jail term in addition to that term, provided
that in no
case shall the cumulative jail term imposed for the
offense exceed
six months. (b) A fine of not less than two hundred fifty and not more
than
one thousand dollars; (c) A license suspension under division (E) of this
section; (d) If the vehicle the offender was operating at the time of
the
offense is registered in the offender's name, immobilization
for thirty days
of the offender's vehicle
and impoundment for
thirty days of the identification license
plates of that vehicle.
The order for immobilization and
impoundment shall be issued and
enforced in accordance with section
4503.233 of the Revised Code. (2) If, within six twenty years of the offense, the offender
previously
has been convicted of or pleaded guilty to one
violation of this section
or one equivalent offense, driving under
OVI suspension is a
misdemeanor of the first degree. The court
shall sentence the offender
to all of the following: (a) A mandatory jail term of ten consecutive days.
Notwithstanding the
jail terms
provided in
sections 2929.21 to 2929.28 of the Revised Code, the court
may sentence the offender to
a longer jail term of not more than
one year. The ten-day
mandatory jail
term shall be imposed
unless, subject to division
(C) of
this section, the court instead
imposes a sentence of not
less than ninety
consecutive days
of
house arrest
with electronic monitoring.
The period of
house
arrest
with
electronic monitoring shall not exceed one year. (b) Notwithstanding the fines provided for in Chapter
2929.
of the Revised Code, a fine of not less
than five hundred and not
more than two thousand five hundred
dollars; (c) A license suspension under division (E) of this
section; (d) If the vehicle the offender was operating at the time of
the
offense is registered in the offender's name, immobilization
of
the offender's vehicle for sixty days and the impoundment for
sixty days of the identification license plates of that vehicle.
The order for immobilization and impoundment shall be issued and
enforced in accordance with section 4503.233 of the Revised
Code. (3) If, within six twenty years of the offense, the offender
previously has been
convicted of or pleaded guilty to two or more
violations of this section
or two or more equivalent offenses,
driving under OVI suspension
is a misdemeanor. The court shall
sentence the offender to all of the
following: (a) A mandatory jail term of thirty consecutive days.
Notwithstanding the
jail terms
provided in
sections 2929.21 to 2929.28 of the Revised Code, the court
may sentence the offender to
a longer jail term of not more than
one year. The court shall not
sentence
the offender to a term of
house
arrest
with electronic monitoring
in lieu of the mandatory portion of the jail term. (b) Notwithstanding the fines set forth in Chapter 2929.
of
the
Revised Code, a fine of not less
than five hundred and not
more than two thousand five hundred
dollars; (c) A license suspension under division (E) of this
section; (d) If the vehicle the offender was operating at the time of
the
offense is registered in the offender's name, criminal
forfeiture to the state
of the offender's
vehicle. The order of
criminal forfeiture shall be issued and
enforced in accordance
with section 4503.234 of the Revised
Code. 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, the court may
fine the offender the value of the vehicle as
determined by
publications of the national auto dealer's
association. The
proceeds from any fine so imposed shall be distributed
in
accordance with division (C)(2) of section 4503.234 of the
Revised
Code. (C) No court shall impose an alternative sentence of
house arrest
with electronic monitoring
under division (B)(1) or (2)
of this section unless, within sixty
days of the date of
sentencing, the court issues a written finding
on the record that,
due to the unavailability of space at the jail
where the offender
is required
to serve the jail term imposed, the
offender will not
be able to begin serving
that term within the
sixty-day period
following the date of sentencing. An offender sentenced under this section to a period of
house arrest
with electronic monitoring
shall be permitted work
release
during that period. (D) Fifty per cent of any fine imposed by a court under
division
(B)(1), (2), or (3) of this section shall be deposited
into the
county indigent drivers alcohol treatment fund or
municipal indigent drivers
alcohol treatment fund under the
control of that court, as created by the county or municipal
corporation
pursuant to division (H) of section 4511.191 of the
Revised
Code. (E) In addition to or independent of all other penalties
provided
by law or ordinance, the trial judge of any court of
record or the mayor
of a mayor's court shall impose on an offender
who is convicted of or pleads
guilty to a violation of this
section 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. When permitted as specified in section 4510.021 of the
Revised Code, if the court grants
limited driving privileges
during a suspension imposed under this section, the
privileges
shall be granted on the additional condition
that the offender
must display restricted license plates, issued
under section
4503.231 of the Revised Code, on the vehicle driven
subject to the
privileges, except as provided in division (B) of that
section. A suspension of a commercial driver's license under this
section
shall be concurrent with any period of suspension or
disqualification
under section
3123.58 or 4506.16 of the Revised
Code. No person
who is
disqualified for life from holding a
commercial driver's
license under
section 4506.16 of the Revised
Code shall be issued
a
driver's license under 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. (F) As used in this section: (1) "Electronic
monitoring" has the same
meaning
as in section
2929.01 of
the Revised Code. (2) "Equivalent offense" means any of the following: (a) A violation of a municipal ordinance, law of another
state,
or law of the United States that is substantially
equivalent
to division (A) of this section; (b) A violation of a former law of this state that was
substantially equivalent to division (A) of this section. (3) "Jail" has the same meaning as in section 2929.01 of the
Revised
Code. (4) "Mandatory jail term" means the mandatory term in jail
of
three, ten, or thirty consecutive days that must be imposed
under
division (B)(1), (2), or (3) of this section upon an
offender
convicted of a violation of division (A) of this section
and in
relation to which all of the following apply: (a) Except as specifically authorized under this section,
the
term must be served in a jail. (b) Except as specifically authorized under this section,
the
term cannot be suspended, reduced, or otherwise modified
pursuant to
any
provision of
the Revised Code.
Sec. 4510.17. (A) The registrar of motor vehicles
shall
impose a class D
suspension of the
person's driver's license,
commercial driver's license,
temporary
instruction permit,
probationary license, or nonresident operating
privilege for the
period of time specified in division (B)(4) of
section 4510.02 of
the Revised Code on any person who is a
resident of
this state and
is convicted of or
pleads guilty to a
violation of
a statute of
any other state or any federal
statute
that is
substantially
similar to section 2925.02, 2925.03,
2925.04,
2925.041, 2925.05,
2925.06,
2925.11, 2925.12, 2925.13,
2925.14,
2925.22, 2925.23,
2925.31, 2925.32,
2925.36, or 2925.37
of the
Revised Code. Upon
receipt of a
report from a court, court
clerk,
or other official
of any other
state or from any federal
authority
that a resident
of this state
was convicted of or
pleaded guilty
to an
offense
described in this division, the
registrar shall send
a notice by
regular first class mail to the
person, at
the
person's last known
address as shown in the records
of the bureau
of motor vehicles,
informing the person of the
suspension, that the
suspension
will
take
effect twenty-one
days from the date of the notice, and that,
if
the person wishes
to
appeal the suspension or denial, the
person
must file a
notice
of appeal within
twenty-one days of the
date of
the notice
requesting a hearing on
the matter. If the
person
requests a
hearing, the registrar
shall hold the hearing
not more
than
forty
days after receipt by the registrar of the
notice of
appeal. The
filing of a notice of
appeal does not stay
the
operation of the
suspension
that must be imposed
pursuant to
this
division. The scope of the
hearing shall be
limited to
whether
the person actually was convicted of
or pleaded
guilty to
the
offense for which the
suspension
is to be
imposed. The
suspension
the registrar is required
to impose
under
this division shall end either on the last day of
the class D
suspension period or of the
suspension
of the person's nonresident
operating
privilege imposed by the
state or federal court,
whichever is earlier. The registrar shall subscribe to or otherwise participate
in
any information system or register, or enter into reciprocal
and
mutual agreements with other states and federal authorities,
in
order to facilitate the exchange of information with other
states
and the United States government regarding persons who
plead
guilty to or are convicted of offenses described in this
division
and therefore are subject to the suspension or denial
described in
this division. (B) The registrar shall
impose
a class D suspension of the
person's
driver's license, commercial
driver's license, temporary
instruction permit,
probationary
license, or nonresident operating
privilege for the period of
time
specified in division (B)(4) of
section 4510.02 of the Revised
Code on any
person who is a
resident of this state and is
convicted of
or
pleads guilty to a
violation of a statute
of any
other state
or a
municipal ordinance
of a municipal corporation
located in
any
other state that is
substantially similar to
section 4511.19
of
the Revised Code.
Upon
receipt of a report
from another state
made pursuant to
section
4510.61 of the
Revised Code
indicating
that a resident of
this
state was
convicted
of or pleaded guilty
to an offense
described
in this
division, the
registrar shall
send
a notice by
regular
first class
mail to the person, at the
person's last known
address
as shown in
the records of the bureau
of motor
vehicles,
informing
the person
of the suspension, that the
suspension or
denial will
take effect
twenty-one
days from the date of the
notice, and that,
if
the person wishes
to appeal the suspension,
the
person must
file a
notice
of appeal within twenty-one days of
the
date of the
notice
requesting a hearing on the matter. If the
person requests
a
hearing, the registrar shall hold the hearing
not more than
forty
days after receipt by the registrar of the
notice
of appeal.
The
filing of a notice of appeal does not stay
the
operation of
the
suspension
that must be imposed
pursuant to
this
division.
The scope of the hearing shall be
limited to
whether
the person
actually was convicted of or pleaded
guilty to
the
offense for
which the suspension
is
to be
imposed. The
suspension
the registrar is required
to impose
under
this division shall end either on the last day of
the class D
suspension period or of the
suspension
of the person's nonresident
operating
privilege imposed by the
state or federal court,
whichever is earlier. (C) The registrar shall
impose
a class D suspension of the
child's driver's license,
commercial
driver's license, temporary
instruction permit, or nonresident
operating privilege for the
period of time specified in division
(B)(4) of section 4510.02 of
the Revised Code on any
child who is
a resident of this state and
is convicted of or
pleads guilty to a
violation of a statute of
any other state or
any federal statute
that is substantially
similar to section
2925.02, 2925.03,
2925.04,
2925.041, 2925.05,
2925.06, 2925.11,
2925.12, 2925.13,
2925.14, 2925.22, 2925.23,
2925.31, 2925.32,
2925.36, or 2925.37
of the Revised Code. Upon
receipt of a report
from a court,
court
clerk, or other official
of any other state or
from any
federal
authority that a child who
is a resident of this
state
was
convicted of or pleaded guilty to
an offense described
in
this
division, the registrar shall send a
notice by regular
first
class
mail to the child, at the child's
last known address
as shown in
the records of the bureau of motor
vehicles, informing
the child
of the suspension, that the
suspension or
denial will
take effect
twenty-one days from the
date of the
notice, and that,
if the child wishes to
appeal the
suspension, the child
must file a notice of appeal within
twenty-one
days of the date of
the notice requesting a hearing on
the matter.
If the child
requests a hearing, the registrar shall
hold the
hearing not more
than forty
days after receipt by the
registrar of
the notice of
appeal. The filing of a notice of
appeal does not
stay the
operation of the suspension
that must be
imposed
pursuant to this division. The scope of the
hearing shall
be
limited to whether the child actually was convicted of
or
pleaded
guilty to the offense for which
the suspension
is to be
imposed. The
suspension the registrar is required to impose
under
this
division shall end either on the last day of
the class D
suspension period or of the suspension of the
child's nonresident
operating privilege
imposed by the state or
federal court,
whichever is earlier.
If the child is a resident of this state
who
is sixteen
years of
age or older and does not have a current,
valid Ohio
driver's or
commercial driver's license or permit, the
notice shall
inform the
child that the child will be denied
issuance of a driver's or
commercial driver's license or permit
for six months beginning on
the date of the notice. If the child
has not attained the age of
sixteen years on the date of the
notice, the notice shall inform
the child that the period of
denial of six months shall commence
on the
date the child attains
the age of sixteen years. The registrar shall subscribe to or otherwise participate
in
any information system or register, or enter into reciprocal
and
mutual agreements with other states and federal authorities,
in
order to facilitate the exchange of information with other
states
and the United States government regarding children who
are
residents of this state and plead guilty to or are convicted
of
offenses described in this division and therefore are subject
to
the suspension or denial described in this division. (D) The registrar shall
impose
a class D suspension of the
child's
driver's license, commercial
driver's license, temporary
instruction permit,
probationary
license, or nonresident operating
privilege for the period of
time
specified in division (B)(4) of
section 4510.02 of the Revised
Code on any
child who is a resident
of this state and
is convicted
of or
pleads guilty to a
violation
of a statute of
any other state
or a
municipal ordinance of a
municipal
corporation located in any
other state that is
substantially
similar to section 4511.19 of
the Revised Code.
Upon
receipt of
a report from another state
made pursuant to
section
4510.61 of the Revised Code
indicating
that a child who
is a
resident
of this state was
convicted of or
pleaded guilty to
an
offense
described in this
division, the
registrar shall send a
notice by
regular first class
mail to the
child, at the child's
last known address
as shown in
the records
of the bureau of motor
vehicles,
informing the child
of the
suspension, that the
suspension
will
take
effect twenty-one
days from the date of the
notice, and that,
if
the
child wishes to appeal
the suspension,
the child
must file a notice
of appeal within
twenty-one days of
the date of
the notice requesting a hearing on
the matter. If the
child
requests a hearing, the registrar shall
hold the hearing not
more
than forty
days after receipt by the
registrar of the notice
of
appeal. The filing of a notice of
appeal does not stay the
operation of the suspension
that must be imposed
pursuant to this
division. The scope of the
hearing shall be
limited to whether
the child actually was convicted of
or pleaded
guilty to the
offense for which the
suspension
is to be
imposed. The
suspension the registrar is required to impose
under
this
division shall end either on the last day of
the class D
suspension period or of the suspension of the
child's nonresident
operating privilege
imposed by the state or
federal court,
whichever is earlier.
If the child is a resident of this state
who
is sixteen
years of
age or older and does not have a current,
valid Ohio
driver's or
commercial driver's license or permit, the
notice shall
inform the
child that the child will be denied
issuance of a driver's or
commercial driver's license or permit
for six months beginning on
the date of the notice. If the child
has not attained the age of
sixteen years on the date of the
notice, the notice shall inform
the child that the period of
denial of six months shall commence
on the
date the child attains
the age of sixteen years. (E) Any person whose license or permit has been suspended
pursuant to
this section may file a
petition in the municipal or county court, or in case the person
is under
eighteen years of age, the juvenile court, in whose
jurisdiction the person
resides, agreeing to
pay the cost of the
proceedings and alleging that the suspension
would seriously
affect the person's ability to continue the person's
employment.
Upon satisfactory proof that there is reasonable cause to believe
that the suspension would seriously affect the person's ability to
continue
the person's employment, the judge may grant the person
limited driving
privileges during the period during
which the
suspension otherwise would be
imposed, except that the
judge shall
not grant
limited driving
privileges for
employment as a
driver
of a commercial motor vehicle to any
person
who would be
disqualified from operating a commercial motor
vehicle under
section 4506.16
of the Revised Code if the violation
had occurred
in this state, or during any
of the following periods
of time: (1) The first fifteen days of a suspension under division (B) or (D) of this section, if
the person
has not been convicted within
six twenty years of
the date of the
offense giving rise to the suspension under this
section of a
violation of any of the following: (a) Section 4511.19 of the Revised Code, or a municipal
ordinance relating to operating a vehicle while under the
influence of
alcohol, a drug of abuse, or alcohol and a drug of
abuse; (b) A
municipal ordinance relating to operating a motor
vehicle with a
prohibited concentration of alcohol in the blood,
breath, or
urine; (c) Section 2903.04 of the Revised Code in a case in which
the person was subject to the sanctions described in division (D)
of
that section; (d) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or
a municipal ordinance that
is substantially similar to either of those
divisions; (e) Division (A)(2), (3), or (4) of
section 2903.06,
division (A)(2) of section
2903.08, or
as it existed prior
to
March 23, 2000, section 2903.07 of
the Revised
Code, or
a
municipal
ordinance that is substantially
similar to any of those
divisions
or that former section,
in a
case in which the jury or
judge found
that the
person was under
the influence of alcohol, a
drug of
abuse, or
alcohol and a drug
of abuse. (2) The first thirty days of a suspension under division (B) or (D) of this section, if the person
has been convicted one time within
six twenty years of the date of
the
offense giving rise to the
suspension under this section of
any
violation identified in division
(E)(1) of
this section. (3) The first one hundred eighty days of a suspension under division (B) or (D) of this section, if
the person has been convicted two times within
six
twenty years of
the
date of the offense giving rise to the suspension
under this
section of any violation identified in division
(E)(1) of this
section. (4) No
limited driving privileges may be
granted if the
person has been convicted three or more times
within five twenty years of
the date of the offense giving rise to a
suspension under division (B) or (D) of this
section of any violation identified in
division
(E)(1) of this
section. If a person petitions for
limited driving
privileges
under
division (E) of this section, the registrar shall
be
represented
by the county prosecutor of the county in which
the
person resides
if the petition is filed in a juvenile court
or
county court,
except that if the person resides within a city
or
village that is
located within the jurisdiction of the county
in
which the
petition is filed, the city director of law or
village
solicitor
of that city or village shall represent the
registrar.
If the
petition is filed in a municipal court, the
registrar shall
be
represented as provided in section 1901.34
of the Revised Code. In granting
limited driving privileges under
division
(E) of
this section, the court may impose any condition
it
considers
reasonable and necessary to limit the use of a
vehicle
by the
person. The court shall deliver to the person a
permit
card, in a
form to be prescribed by the court, setting
forth the
time, place,
and other conditions limiting the person's
use of a
motor vehicle.
The grant of
limited driving
privileges shall
be conditioned upon
the person's having the
permit in the person's
possession at all
times during which
the
person is
operating a
vehicle. A person granted
limited driving privileges who
operates
a
vehicle for other than
limited purposes,
in violation of
any
condition imposed by the court or without
having the permit
in
the
person's possession, is guilty of a
violation of
section
4510.11
of the
Revised Code. (F) As used in divisions (C) and (D) of this section: (1)
"Child" means a person who is under the age of
eighteen
years, except that any person who violates a statute or
ordinance
described in division (C) or (D) of this section prior
to
attaining eighteen years of age shall be deemed a
"child"
irrespective of the person's age at the time the complaint
or
other
equivalent document is filed in the other state or a
hearing,
trial, or other proceeding is held in the other state on
the
complaint or other equivalent document, and irrespective of
the
person's
age when the period of license suspension or denial
prescribed in
division (C) or (D) of this section is imposed. (2)
"Is convicted of or pleads guilty to" means, as it
relates to a child who is a resident of this state, that in a
proceeding conducted in a state or federal court located in
another state for a violation of a statute or ordinance described
in division (C) or (D) of this section, the result of the
proceeding is any of the following: (a) Under the laws that govern the proceedings of the
court,
the child is adjudicated to be or admits to being a
delinquent
child or a juvenile traffic offender for
a violation described in
division (C) or (D) of this
section that would be a crime if
committed by an adult; (b) Under the laws that govern the proceedings of the
court,
the child is convicted of or pleads guilty to a violation
described in
division (C) or (D) of this section; (c) Under the laws that govern the proceedings of the
court,
irrespective of the terminology utilized in those laws,
the result
of the court's proceedings is the
functional equivalent of
division (F)(2)(a) or (b) of this
section.
Sec. 4510.31. (A)(1) Except as provided in
division (C)
of
this section, the registrar of motor vehicles
shall suspend the
probationary driver's license, restricted
license,
or temporary
instruction permit issued to any
person when
the person
has been
convicted of, pleaded guilty to, or been
adjudicated in
juvenile
court of having committed, prior to the
person's eighteenth
birthday, any of the following: (a) Three separate violations of
section 2903.06,
2903.08,
2921.331, 4511.12, 4511.13,
4511.15, 4511.191,
4511.20, 4511.201,
4511.202,
4511.21, 4511.22, 4511.23, 4511.25 to
4511.48, 4511.57
to
4511.65, 4511.75, 4549.02, 4549.021, or
4549.03 of the Revised
Code,
section 4510.14 of the Revised Code
involving a
suspension
imposed under section 4511.191 or 4511.196
of the Revised
Code,
section 2903.04 of the
Revised Code in a case
in
which the
person
would have been subject to the sanctions
described in
division (D)
of that section had the person been
convicted of
the
violation of
that section, former section 2903.07
of the Revised Code, or any
municipal ordinances similarly
relating to the offenses referred
to in those
sections; (b) One violation of section 4511.19 of the Revised Code
or
a substantially similar municipal ordinance; (c) Two separate violations of any of
the Revised
Code
sections referred to in
division (A)(1)(a) of this
section, or any
municipal ordinance that is substantially similar
to any of those
sections. (2) Any person whose license or permit is suspended under
division
(A)(1)(a),
(b), or
(c) of
this section shall mail
or
deliver the person's probationary
driver's
license, restricted
license, or temporary
instruction permit to the registrar within
fourteen
days of notification of the suspension. The registrar
shall
retain the license or permit during the period of the
suspension. A
suspension pursuant to division (A)(1)(a) of this
section shall
be a class C
suspension, a
suspension
pursuant to
division (A)(1)(b) of this
section shall
be a class D suspension,
and a
suspension pursuant to division
(A)(1)(c) of this section
shall
be a class E suspension, all for the periods
of
time
specified in division (B) of section 4510.02 of the
Revised
Code.
If the person's probationary
driver's license, restricted
license,
or temporary
instruction permit is under suspension on
the
date
the court imposes sentence upon the person for a
violation
described in division (A)(1)(b) of this section, the
suspension
shall take effect on the next day immediately following
the end
of
that period of suspension. If the person is sixteen
years of
age
or older and pleads guilty to or is convicted of a
violation
described in division (A)(1)(b) of this section and
the
person
does not have
a current, valid probationary driver's
license,
restricted
license, or temporary instruction permit, the
registrar
shall
deny the issuance to the person of a
probationary
driver's
license, restricted license, driver's
license, commercial
driver's
license, or temporary instruction permit, as the case
may
be, for
six months beginning on
the date the court imposes
sentence upon
the person for the
violation. If the person has not
attained the
age of sixteen
years on the date the court imposes
sentence upon
the person
for the
violation, the period of denial
shall commence
on the date the
person attains the age of sixteen
years. (3) The registrar shall suspend the person's license or permit
under division (A) of this section regardless of whether the
disposition of the case in juvenile court occurred after the
person's eighteenth birthday. (B) The registrar also shall
impose a class D
suspension
for the period of time specified in division (B)(4) of
section
4510.02 of the Revised Code of the temporary
instruction
permit or
probationary driver's license of any person
under the
age of
eighteen who has been adjudicated
an unruly
child,
delinquent
child, or
juvenile traffic offender for having
committed
any act
that if committed by an adult would be a drug
abuse
offense
or a
violation of division (B) of section 2917.11 of the Revised
Code.
The registrar, in the registrar's discretion, may
terminate the
suspension
if the child,
at
the discretion of the
court,
attends
and satisfactorily completes a
drug
abuse or
alcohol abuse
education, intervention, or treatment
program
specified by the
court. Any person whose temporary
instruction
permit or
probationary driver's license is suspended
under this
division
shall mail or deliver the person's
permit or license
to
the
registrar within fourteen days of notification of the
suspension.
The registrar shall retain the permit or license
during
the
period
of the suspension. (C)(1)
Except as provided in division (C)(3) of this
section,
for
any
person who is
convicted of, pleads guilty to,
or is
adjudicated in juvenile
court of having committed a
second
or
third violation of section
4511.12,
4511.13, 4511.15, 4511.20
to
4511.23, 4511.25, 4511.26 to
4511.48, 4511.57 to 4511.65, or
4511.75 of the Revised Code or
any similar municipal ordinances
and whose license or permit is suspended
under division (A)(1)(a)
or (c) of
this section, the
court in which the
second or third
conviction, finding, plea, or
adjudication
resulting in the
suspension was made, upon petition of the
person, may grant the
person
limited driving privileges
during the
period
during which
the suspension otherwise would be imposed under
division
(A)(1)(a)
or (c) of this section
if the court finds
reasonable cause to
believe that the suspension will seriously affect the person's
ability
to
continue in employment,
educational training,
vocational
training,
or treatment.
In
granting
the limited
driving privileges, the court
shall
specify
the
purposes, times,
and places
of the privileges and may impose
any other conditions
upon
the person's
driving a motor
vehicle
that the court
considers reasonable and necessary. A court that grants
limited driving privileges
to a
person
under this division shall retain the person's
probationary
driver's license, restricted license, or temporary
instruction
permit during the period the
license or permit is
suspended and
also during the period for which
limited driving privileges are
granted, and shall
deliver to
the
person a permit card, in a form
to be prescribed by the
court,
setting forth the date on which the
limited
driving
privileges will become effective,
the purposes for
which the
person may
drive, the times and places at which
the
person may
drive, and any other conditions imposed upon the
person's use of a
motor vehicle. The court immediately shall notify the registrar, in
writing,
of a grant of
limited driving privileges
under this
division.
The
notification shall specify the date on which the
limited
driving
privileges will become effective,
the
purposes for which
the
person
may drive, the times and places at
which the person may
drive, and any other conditions imposed upon
the person's use of a
motor vehicle. The registrar shall not
suspend the probationary
driver's license, restricted
license, or
temporary instruction
permit
of any person pursuant to division
(A) of this section
during any
period for which the person has
been granted
limited
driving
privileges as provided
in this division, if the registrar
has
received the notification
described in this division from the
court. (2)
Except as provided in division (C)(3) of this
section,
in
any case in which the temporary instruction permit or
probationary
driver's license of a person under eighteen years of
age has been
suspended under
division (A) or (B) of this section
or any other
provision
of law, the
court may grant the person
limited driving
privileges for the purpose of the
person's
practicing of
driving
with the person's parent, guardian, or other
custodian during the
period of the suspension.
Any grant of
limited driving privileges
under this division shall
comply with
division (D) of section
4510.021 of the Revised Code. (3) A court shall not grant limited driving privileges to a
person
identified in division (C)(1) or (2) of this section if the
person,
within the preceding six years, previously has been convicted of,
pleaded guilty to, or
adjudicated in juvenile court of having
committed three or more violations of
one or more of the divisions
or sections set forth in divisions division
(G)(2)(b) to (g) of section
2919.22
of the Revised Code. (D) If a
person who has been granted
limited
driving
privileges under division (C) of this section is convicted
of,
pleads guilty to, or is adjudicated in juvenile court of
having
committed, a violation of
Chapter
4510. of
the Revised Code, or
a
subsequent violation of any of
the
sections of
the Revised Code
listed in division
(A)(1)(a) of this section or any
similar
municipal ordinance
during the period for which the
person was
granted
limited driving privileges, the court that
granted
the
limited driving privileges shall
suspend
the person's permit
card. The court or the clerk
of the court
immediately shall
forward the person's probationary
driver's
license, restricted
license, or temporary
instruction
permit together with written
notification
of the court's action to
the registrar. Upon receipt
of the
license or permit and
notification, the registrar shall
impose a class C
suspension of the
person's probationary driver's
license,
restricted
license, or temporary instruction permit for
the
period of
time specified in division (B)(3) of section
4510.02 of the
Revised Code. The registrar shall retain
the
license or permit
during the period of suspension, and no further
limited
driving privileges shall be granted during
that period. (E) No application for a driver's or commercial driver's
license shall be received from any person whose probationary
driver's license, restricted license, or temporary
instruction
permit has been suspended under
this section until
each of the
following has occurred: (1) The suspension period has expired; (2) A temporary
instruction permit or commercial driver's
license temporary
instruction permit has been issued; (3) The person successfully completes a juvenile driver
improvement program approved by the registrar under
section
4510.311
of the Revised
Code; (4) The
applicant has
submitted to the examination for a
driver's license as provided
for in section 4507.11 or a
commercial driver's license as
provided in Chapter 4506. of the
Revised Code.
Sec. 4511.19. (A)(1) No person shall operate any vehicle,
streetcar, or trackless trolley
within this state, if,
at the
time
of the operation, any of the
following apply: (a) The person is under the influence of alcohol, a drug
of
abuse, or
a
combination of
them. (b) The person has a concentration of eight-hundredths of
one
per cent or more
but less than seventeen-hundredths of one per
cent
by weight
per unit volume of alcohol in the person's
whole
blood. (c)
The person has a concentration of ninety-six-thousandths of
one per
cent or more but less than two hundred four-thousandths of
one per cent
by weight per unit volume of alcohol in the person's
blood serum or
plasma. (d) The person has a concentration of eight-hundredths of
one
gram or more but less than seventeen-hundredths of one gram
by
weight of alcohol per two hundred ten liters
of the person's
breath. (e) The person has a concentration of eleven-hundredths
of
one gram or more
but less than two hundred
thirty-eight-thousandths of one gram
by weight of alcohol per one
hundred
milliliters of the person's urine. (f) The person has a concentration of
seventeen-hundredths
of one per cent or more by weight
per unit
volume
of alcohol in
the person's
whole blood. (g)
The person has a concentration of two hundred
four-thousandths of one per cent or more by weight per unit volume
of alcohol
in the person's blood serum or plasma. (h) The person has a concentration of
seventeen-hundredths
of one gram or more by weight of alcohol per
two hundred ten
liters of the person's breath. (i) The person has a concentration of two hundred
thirty-eight-thousandths of one gram or more by weight of alcohol
per one hundred milliliters of the person's urine. (2) No person who, within twenty years of the conduct described in division (A)(2)(a) of this section, previously has been convicted of or pleaded guilty to a violation of this division, division (A)(1) or (B) of this section, or a municipal OVI offense shall do both of the following:
(a) Operate any vehicle, streetcar, or trackless trolley within this state while under the influence of alcohol, a drug of abuse, or a combination of them;
(b) Subsequent to being arrested for operating the vehicle, streetcar, or trackless trolley as described in division (A)(2)(a) of this section, being asked by a law enforcement officer to submit to a chemical test or tests under section 4511.191 of the Revised Code, and being advised by the officer in accordance with section 4511.192 of the Revised Code of the consequences of the person's refusal or submission to the test or tests, refuse to submit to the test or tests.
(B) No person under twenty-one years of age shall operate
any vehicle, streetcar, or trackless trolley within this state,
if,
at the time of the operation, any of the following
apply: (1) The person has a concentration of at least
two-hundredths of one per cent but less than eight-hundredths of
one
per cent by weight
per unit volume of alcohol in the person's
whole blood. (2)
The person has a concentration of at least
three-hundredths of one per
cent but less than ninety-six-thousandths
of one per cent by weight per unit volume
of alcohol in the
person's blood serum or plasma. (3) The person has a concentration of at least
two-hundredths of one gram but less than eight-hundredths of one
gram by weight of alcohol per two hundred ten liters of the
person's breath. (4) The person has a concentration of at least
twenty-eight
one-thousandths of one gram but less than
eleven-hundredths of
one gram by weight of alcohol per one
hundred milliliters of the
person's urine. (C) In any proceeding arising out of one incident, a
person
may be charged with a violation of division (A)(1)(a) or (A)(2) and a
violation
of division (B)(1), (2), or (3) of this section, but
the person
may not be convicted of more than one violation of these
divisions. (D)(1) In any criminal prosecution or juvenile court
proceeding for a violation of
division (A) or (B) of this section
or for an equivalent
offense, the court may admit
evidence on the
concentration of
alcohol, drugs of abuse, or
a combination of
them in the
defendant's
whole blood,
blood serum or plasma,
breath, urine, or
other bodily
substance at the time of the
alleged violation as
shown by
chemical analysis of the
substance
withdrawn within two
hours of
the time of
the alleged violation. When a person submits to a blood test at the request of a
law enforcement officer under section 4511.191 of the
Revised
Code, only a
physician, a registered nurse, or a qualified
technician,
chemist,
or phlebotomist shall withdraw blood for
the
purpose of
determining
the
alcohol, drug, or alcohol and
drug
content
of the whole blood, blood serum,
or blood plasma.
This
limitation does
not apply to the taking of breath or urine
specimens. A
person authorized to withdraw blood under
this
division may
refuse to withdraw blood
under this division, if in
that person's
opinion, the physical welfare of
the person would
be
endangered by the withdrawing of blood. The bodily substance
withdrawn shall be analyzed in
accordance with
methods approved by the director of health by an
individual
possessing a valid permit issued by the director
pursuant to section 3701.143 of the Revised Code. (2) In a criminal prosecution or juvenile court proceeding
for a violation of division (A) of this section
or for an
equivalent offense, if there was at the time the
bodily substance
was
withdrawn a concentration of less than
the
applicable
concentration of alcohol specified in
divisions (A)(1)(b), (c), (d), and (e) of this section, that fact
may be considered
with other
competent evidence
in determining the guilt or
innocence of the
defendant. This
division does not limit or
affect a criminal
prosecution or
juvenile court proceeding for a
violation of
division (B) of this
section or
for an equivalent offense that
is
substantially
equivalent to
that
division. (3) Upon the request of the person who was tested, the
results of the chemical test shall be made available to the
person
or the person's
attorney, immediately upon the completion
of the
chemical test analysis. The person tested may have a physician, a registered nurse,
or a qualified technician, chemist,
or
phlebotomist of the
person's own
choosing administer a chemical test or tests,
at the
person's
expense, in addition to any
administered at the request
of a
law enforcement
officer.
The
form to be read to the person
to be tested, as required
under
section 4511.192 of the Revised
Code, shall state that the person
may have an
independent test
performed at the person's expense.
The failure or
inability to
obtain an additional
chemical test by
a person shall not preclude
the admission of
evidence relating to
the chemical test or tests
taken at the
request of a
law
enforcement officer. (4)(a) As used in divisions (D)(4)(b) and (c) of this
section, "national highway traffic safety administration" means
the national highway traffic safety administration established as
an administration of the United States department of
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105. (b) In any criminal prosecution or juvenile court proceeding
for a violation of division (A) or (B) of this section, of a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, or of a municipal ordinance relating to operating a
vehicle with a prohibited concentration of alcohol in the blood,
breath, or urine, if a law enforcement officer has administered a
field sobriety test to the operator of the vehicle involved in the
violation and if it is shown by clear and convincing evidence that
the officer administered the test in substantial
compliance with
the testing standards for any reliable, credible,
and generally
accepted field sobriety
tests that were in effect at
the time the
tests were administered, including, but not limited
to, any
testing standards then in effect that were set by the
national
highway traffic safety administration, all
of the
following apply: (i) The officer may testify concerning the results of the
field sobriety test so administered. (ii) The prosecution may introduce the results of the field
sobriety test so administered as evidence in any proceedings in
the criminal prosecution or juvenile court proceeding. (iii) If testimony is presented or evidence is introduced
under division (D)(4)(b)(i) or (ii) of this section and if the
testimony or evidence is admissible under the Rules of Evidence,
the court shall admit the testimony or evidence and the trier of
fact shall give it whatever weight the trier of fact considers to
be appropriate. (c) Division (D)(4)(b) of this section does not limit or
preclude a court, in its determination of whether the arrest of a
person was supported by probable cause or its determination of any
other matter in a criminal prosecution or juvenile court
proceeding of a type described in that division, from considering
evidence or testimony that is not otherwise disallowed by division
(D)(4)(b) of this section. (E)(1)
Subject to division (E)(3) of
this section,
in any
criminal prosecution or juvenile court proceeding for a
violation
of
division (A)(1)(b), (c), (d), (e), (f), (g), (h), or (i)
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent
offense that is substantially equivalent to any
of those
divisions, a laboratory report from any
forensic laboratory
certified by the department of health that
contains an analysis of
the whole blood, blood serum or plasma,
breath, urine, or other
bodily substance tested and that contains
all of the information
specified in this division shall be
admitted as prima-facie
evidence of the information and statements
that the report
contains. The laboratory report shall contain all
of the
following: (a)
The signature, under oath, of any person who performed
the
analysis; (b)
Any findings as to the identity and quantity of alcohol,
a
drug of abuse, or a combination of them that was found; (c)
A copy of a notarized statement by the laboratory
director or
a designee of the director that contains the name of
each certified analyst or test performer involved with the
report,
the analyst's or test performer's employment relationship
with the
laboratory that issued the report, and a notation that
performing
an analysis of the type involved is part of the
analyst's or test
performer's regular duties; (d)
An outline of the analyst's or test performer's
education,
training, and experience in performing the type of
analysis involved and a
certification that the laboratory
satisfies appropriate quality control standards in general and, in
this
particular analysis, under rules of the
department of health. (2) Notwithstanding any other provision of law regarding the
admission of
evidence, a report of the type described
in division
(E)(1) of this section is not admissible against the
defendant to
whom
it pertains in any proceeding, other than a preliminary
hearing or a grand
jury proceeding, unless the prosecutor
has
served a
copy of the report on the defendant's attorney or, if the
defendant has no attorney, on the defendant. (3) A report of the type described in division (E)(1) of
this
section shall not be prima-facie evidence of the contents,
identity, or amount
of any substance if, within seven days after
the
defendant to whom the report pertains or the defendant's
attorney
receives a copy of the report, the defendant or the
defendant's
attorney demands the testimony of the person who
signed the
report. The judge in the case may extend the seven-day
time limit
in the interest of justice. (F) Except as otherwise provided in this division, any
physician, registered nurse, or qualified
technician, chemist,
or
phlebotomist who
withdraws blood from a person pursuant
to this
section, and any hospital, first-aid station, or clinic
at which
blood is withdrawn from a person pursuant to this
section, is
immune from criminal liability and
civil
liability
based upon a
claim of assault and battery or
any other
claim that is not
a
claim
of malpractice, for any
act performed in withdrawing blood
from
the person.
The immunity
provided in this division is not
available to a
person who
withdraws blood if the person engages in
willful or wanton
misconduct. (G)(1) Whoever violates any provision of divisions
(A)(1)(a) to
(i) or (A)(2) of this section is
guilty of
operating a vehicle under the
influence of alcohol, a drug of abuse, or a
combination of them.
The court shall sentence the offender under
Chapter 2929. of the
Revised Code, except as otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of this section: (a)
Except as otherwise provided in division
(G)(1)(b), (c),
(d),
or (e) of this section, the offender is guilty of a
misdemeanor of
the first degree, and the court shall sentence the
offender to all of the
following: (i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), or (e) of this section, a
mandatory jail term
of three consecutive days. As used in
this
division, three consecutive days means seventy-two consecutive
hours.
The court
may sentence an offender to both an
intervention
program and a jail term. The court may impose a jail
term in
addition to the three-day mandatory jail term or intervention
program. However,
in no case shall the cumulative jail term
imposed for the offense
exceed six months. The court may suspend the execution of the
three-day jail
term under this division if the court, in lieu of that
suspended
term, places the offender under a community control sanction pursuant to section 2929.25 of the Revised Code and requires the offender
to
attend, for three consecutive days, a
drivers' intervention
program certified under section 3793.10 of the Revised Code.
The
court also may suspend the execution of any part of the
three-day
jail term under this division if it places the offender under a community control sanction pursuant to section 2929.25 of the Revised Code for part of the three days, requires the offender to
attend for the suspended part of the term a drivers' intervention
program so certified, and sentences the offender to a jail term
equal to the remainder of the three consecutive days that the
offender does not spend attending the program. The court may
require the offender, as a condition of community control and in addition
to the required attendance at a drivers' intervention program, to
attend and satisfactorily complete any treatment or education
programs that comply with the minimum standards adopted pursuant
to Chapter 3793. of the Revised Code by the director of alcohol
and drug addiction services that the operators of the drivers'
intervention program determine that the offender should attend and
to report periodically to the court on the offender's progress in
the programs. The court also may impose on the offender any other
conditions of community control that it considers necessary. (ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this section, except as
otherwise provided in
this division, a mandatory jail term of at
least three consecutive
days and a requirement that the offender
attend, for three
consecutive days, a drivers' intervention
program that is
certified pursuant to section 3793.10 of the
Revised Code. As
used in this division, three consecutive days
means seventy-two consecutive
hours. If the court determines that
the offender is not
conducive to treatment in a drivers'
intervention program, if the
offender refuses to attend a drivers'
intervention program, or if the jail at
which the offender is to
serve the jail term imposed can provide a
driver's intervention
program, the court shall sentence the
offender to a mandatory jail
term of at least six consecutive
days.
The court may require the offender, under a community control sanction imposed under section 2929.25 of the Revised Code,
to attend and satisfactorily complete any treatment or
education
programs that comply with the minimum standards adopted
pursuant to
Chapter 3793. of the Revised Code by the director of
alcohol and drug addiction services, in addition to the required
attendance at
drivers' intervention program, that the operators of
the drivers' intervention
program determine that
the offender
should attend and to report periodically to the court
on the
offender's progress in the programs. The court also may
impose
any other conditions of community control on the offender that it
considers necessary. (iii)
In all cases,
a fine of not less than two hundred
fifty
and not more than one
thousand dollars; (iv)
In all cases, a class five license suspension of the
offender's driver's or license, commercial driver's license or, temporary instruction permit, probationary license, or
nonresident
operating privilege from the range specified in
division (A)(5) of
section 4510.02 of the Revised Code or as otherwise specified in division (G)(1)(a)(iv) of this section. The court
may grant limited driving privileges
relative to the suspension
under sections 4510.021 and 4510.13 of the
Revised
Code. If an offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege was suspended under division (B) or (C) of section 4511.191 of the Revised Code as a result of the same incident or the same set of facts and circumstances that resulted in the conviction or guilty plea for which the offender is being sentenced under division (G)(1)(a) of this section, the period of suspension the court imposes upon the offender shall not be less than the greater of either the minimum suspension period specified in division (A)(5) of section 4510.02 of the Revised Code or the period of time remaining in the suspension imposed upon the offender under division (B) or (C) of section 4511.191 of the Revised Code on the date the court imposes sentence under division (G)(1)(a) of this section. The period of suspension the court imposes upon the offender shall not exceed the maximum period specified in division (A)(5) of section 4510.02 of the Revised Code. (b)
Except as otherwise provided in division
(G)(1)(e)
of
this section,
an offender who, within six twenty years of the offense,
previously
has been convicted of or pleaded guilty to one
violation of division
(A) or (B) of this section or one other
equivalent offense
is guilty of a misdemeanor of the first degree.
The court shall sentence the
offender to all of the
following: (i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), or (e) of this section, a
mandatory jail term
of ten consecutive days. The court
shall
impose the ten-day mandatory jail term under this division unless,
subject to division (G)(3) of this section, it instead
imposes a
sentence under that division consisting of both a jail term and a
term of
house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may
impose a
jail term in addition to the
ten-day mandatory jail term.
The
cumulative jail
term imposed for the offense shall not exceed
six
months. In addition to the jail term or the term of house arrest with electronic monitoring or continuous alcohol monitoring or both types of monitoring and jail term, the court may require the
offender
to attend a drivers' intervention program that is
certified pursuant to
section 3793.10 of the Revised Code. If the
operator of the
program determines that the offender is alcohol
dependent, the
program shall notify the court, and, subject to
division (I) of
this section, the court shall order the offender
to obtain treatment through
an alcohol and drug
addiction program
authorized by section 3793.02 of the Revised
Code. (ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this section, except as
otherwise provided in
this division, a mandatory jail term of
twenty consecutive days. The court
shall impose the twenty-day
mandatory jail term under
this division unless, subject to
division (G)(3) of this section,
it instead imposes a sentence
under that division
consisting of both a jail term and a term of
house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may impose a
jail term in
addition to the twenty-day
mandatory jail term. The
cumulative
jail term imposed for the offense shall
not exceed six
months. In addition to the jail term or the term of house arrest with electronic monitoring or continuous alcohol monitoring or both types of monitoring and jail term, the court may require the
offender
to attend a driver's intervention program that is
certified pursuant to
section 3793.10 of the Revised Code. If the
operator of the
program determines that the offender is alcohol
dependent, the
program shall notify the court, and, subject to
division (I) of
this section, the court shall order the offender
to obtain
treatment through an alcohol and drug addiction program
authorized
by section 3793.02 of the Revised Code. (iii)
In all cases, notwithstanding the fines set forth in
Chapter
2929. of the Revised Code, a fine of not less than three
hundred fifty and not more than one thousand five hundred dollars; (iv)
In all cases, a class four license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(4) of
section 4510.02 of
the Revised Code or as otherwise specified in division (G)(1)(b)(iv) of this section. The court may grant limited
driving
privileges relative to the suspension under sections
4510.021 and 4510.13 of
the Revised Code. If an offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege was suspended under division (B) or (C) of section 4511.191 of the Revised Code as a result of the same incident or the same set of facts and circumstances that resulted in the conviction or guilty plea for which the offender is being sentenced under division (G)(1)(b) of this section, the period of suspension the court imposes upon the offender shall not be less than the greater of either the minimum suspension period specified in division (A)(4) of section 4510.02 of the Revised Code or the period of time remaining in the suspension imposed upon the offender under division (B) or (C) of section 4511.191 of the Revised Code on the date the court imposes sentence under division (G)(1)(b) of this section. The period of suspension the court imposes upon the offender not exceed the maximum period specified in division (A)(4) of section 4510.02 of the Revised Code. (v)
In all cases, if the vehicle is registered in the
offender's
name, immobilization of the vehicle involved in the
offense for ninety days in
accordance with section
4503.233 of the
Revised Code and impoundment of the license plates
of that vehicle
for ninety days. (c)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
twenty years of the offense,
previously
has been convicted of or pleaded guilty to two
violations of division
(A) or (B) of this section or other
equivalent offenses is
guilty of a
misdemeanor. The court shall
sentence the offender to all
of the
following: (i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), or (e) of this section, a
mandatory jail term
of thirty consecutive days. The court
shall
impose the thirty-day mandatory jail term under this division
unless, subject to division (G)(3) of this section, it
instead
imposes a sentence under that division consisting of both a jail
term and a term of
house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The
court may impose a
jail term in addition to the
thirty-day
mandatory jail term.
Notwithstanding the jail terms
set
forth in sections 2929.21 to 2929.28 of the Revised Code, the additional
jail
term shall not
exceed one year, and the cumulative jail term
imposed
for the
offense shall not exceed
one year. (ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this section, a mandatory
jail term of
sixty
consecutive days. The court shall impose the
sixty-day mandatory jail
term under this division unless, subject
to division (G)(3)
of this section, it instead imposes a sentence
under that division
consisting of both a jail term
and a term of
house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may impose a
jail term in
addition to the sixty-day mandatory jail term.
Notwithstanding
the jail terms set forth in sections 2929.21 to 2929.28 of the
Revised Code, the additional jail term shall
not
exceed one year,
and the cumulative jail term imposed for the
offense
shall not
exceed one year. (iii)
In all cases, notwithstanding the fines set forth in
Chapter 2929. of the Revised Code, a fine of not less than five
hundred fifty and
not more than two thousand five hundred dollars; (iv)
In all cases, a class three license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(3) of
section 4510.02 of the
Revised Code or as otherwise specified in division (G)(1)(c)(iv) of this section. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code. If an offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege was suspended under division (B) or (C) of section 4511.191 of the Revised Code as a result of the same incident or the same set of facts and circumstances that resulted in the conviction or guilty plea for which the offender is being sentenced under division (G)(1)(c) of this section, the period of suspension the court imposes upon the offender shall not be less than the greater of either the minimum suspension period specified in division (A)(3) of section 4510.02 of the Revised Code or the period of time remaining in the suspension imposed upon the offender under division (B) or (C) of section 4511.191 of the Revised Code on the date the court imposes sentence under division (G)(1)(c) of this section. The period of suspension the court imposes upon the offender shall not exceed the maximum period specified in division (A)(3) of section 4510.02 of the Revised Code. (v)
In all cases, if the vehicle is registered in the
offender's
name, criminal forfeiture of the vehicle involved in
the offense in
accordance with section
4503.234 of the Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of criminal forfeiture under
this division. (vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section
3793.02 of the Revised
Code, subject to division (I) of this
section. (d)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
twenty years of the offense,
previously has been
convicted of or pleaded guilty to three or
four more violations of division
(A) or (B) of this section or other
equivalent offenses or an offender who, within twenty years of the offense, previously has been convicted of or pleaded guilty to five or more violations of that nature is
guilty of a felony of the fourth degree.
The court shall
sentence the offender to all of the following: (i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), or (e) of this section, a mandatory prison term of one, two, three, four, or five years as required by and in accordance with division (G)(2) of section 2929.13 of the Revised Code if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or, in the
discretion of
the court, either a mandatory term of local
incarceration of sixty consecutive
days in accordance with
division (G)(1) of section 2929.13 of the Revised Code or a
mandatory prison term of sixty consecutive days in
accordance
with division (G)(2) of that section if the offender is not convicted of and does not plead guilty to a specification of that type. If the
court
imposes a mandatory term of local incarceration, it may impose a
jail
term in addition to the sixty-day mandatory term, the
cumulative total of the mandatory
term and the jail term for the
offense
shall not exceed one year, and, except as provided in division (A)(1) of section 2929.13 of the Revised Code, no prison term is
authorized for the
offense. If the court imposes a mandatory
prison term, notwithstanding
division (A)(4) of section 2929.14 of
the Revised
Code, it also may sentence the offender to a definite
prison term
that shall be not less than six months and not more
than thirty months and the
prison terms shall be imposed as described
in division (G)(2) of
section 2929.13 of the Revised Code. If the court imposes a mandatory prison term or mandatory prison term and additional prison term, in addition to the term or terms so imposed, the court also may sentence the offender to a community control sanction for the offense, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction. (ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this section, a mandatory prison term of one, two, three, four, or five years as required by and in accordance with division (G)(2) of section 2929.13 of the Revised Code if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or, in the
discretion of the
court, either a mandatory term of local
incarceration of one
hundred twenty consecutive days in accordance
with division (G)(1)
of section 2929.13 of the Revised Code or a
mandatory prison
term of one hundred twenty consecutive days in
accordance with division
(G)(2) of that section if the offender is not convicted of and does not plead guilty to a specification of that type. If the court
imposes a mandatory
term of local incarceration, it may impose a
jail term in addition to the one
hundred twenty-day mandatory
term, the cumulative total of the mandatory term
and the jail term
for
the offense shall not exceed one year, and, except as provided in division (A)(1) of section 2929.13 of the Revised Code, no prison term is
authorized for the offense. If the court imposes a mandatory
prison term, notwithstanding division (A)(4) of section 2929.14 of
the Revised Code,
it also may sentence the offender to a definite
prison term that shall be not
less than six months and not more
than thirty months and the prison terms shall
be imposed as described
in division (G)(2) of section 2929.13 of the Revised Code. If the court imposes a mandatory prison term or mandatory prison term and additional prison term, in addition to the term or terms so imposed, the court also may sentence the offender to a community control sanction for the offense, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction. (iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than eight hundred nor more than
ten thousand
dollars; (iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code or as otherwise specified in division (G)(1)(d)(iv) of this section. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code. If an offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege was suspended under division (B) or (C) of section 4511.191 of the Revised Code as a result of the same incident or the same set of facts and circumstances that resulted in the conviction or guilty plea for which the offender is being sentenced under division (G)(1)(d) of this section, the period of suspension the court imposes upon the offender shall not be less than the greater of either the minimum suspension period specified in division (A)(2) of section 4510.02 of the Revised Code or the period of time remaining in the suspension imposed upon the offender under division (B) or (C) of section 4511.191 of the Revised Code on the date the court imposes sentence under division (G)(1)(d) of this section. The period of suspension the court imposes upon the offender shall not exceed the maximum period specified in division (A)(2) of section 4510.02 of the Revised Code. (v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of
criminal
forfeiture
under
this division. (vi)
In all cases, participation in an alcohol and drug
addiction
program
authorized by section 3793.02 of the Revised
Code, subject to
division (I) of this section. (vii)
In all cases, if the court sentences the offender to a
mandatory term of local incarceration, in addition to the
mandatory term, the
court, pursuant to section 2929.17 of the
Revised Code,
may impose a term
of house
arrest with electronic monitoring. The term shall not
commence until after the
offender has
served the mandatory term of local incarceration. (e)
An offender who previously has been convicted of or
pleaded
guilty to a violation of
division (A) of this section that
was a felony, regardless
of when the violation and the conviction
or guilty plea occurred, is guilty of
a felony of the third
degree. The court shall sentence the offender to all of
the
following: (i)
If the offender is being sentenced for a violation of
division (A)(1)(a), (b), (c), (d), or (e) of this section, a mandatory prison term of one, two, three, four, or five years as required by and in accordance with division (G)(2) of section 2929.13 of the Revised Code if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or a
mandatory
prison term of sixty consecutive days in
accordance with
division (G)(2) of section 2929.13 of the Revised Code if the offender is not convicted of and does not plead guilty to a specification of that type. The court
may impose a prison term in
addition to the mandatory
prison term. The cumulative
total of
a sixty-day mandatory prison term
and the additional prison term for the offense shall
not exceed
five years. In addition to the mandatory prison term or mandatory prison term and additional prison term the court imposes, the court also may sentence the offender to a community
control sanction for the
offense, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this section, a mandatory prison term of one, two, three, four, or five years as required by and in accordance with division (G)(2) of section 2929.13 of the Revised Code if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or a mandatory
prison term of
one
hundred twenty consecutive days in accordance
with division (G)(2)
of section 2929.13 of the Revised Code if the offender is not convicted of and does not plead guilty to a specification of that type. The
court may
impose a prison term in addition to the mandatory
prison term. The cumulative total of a one hundred twenty-day
mandatory prison term and
the additional prison term for the
offense shall not exceed five
years. In addition to the mandatory prison term or mandatory prison term and additional prison term the court imposes, the court also may sentence the offender to a community
control sanction for the
offense, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction. (iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than eight hundred nor more than
ten thousand
dollars; (iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code or as otherwise specified in division (G)(1)(e)(iv) of this section. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code. If an offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege was suspended under division (B) or (C) of section 4511.191 of the Revised Code as a result of the same incident or the same set of facts and circumstances that resulted in the conviction or guilty plea for which the offender is being sentenced under division (G)(1)(e) of this section, the period of suspension the court imposes upon the offender shall not be less than the greater of either the minimum suspension period specified in division (A)(2) of section 4510.02 of the Revised Code or the period of time remaining in the suspension imposed upon the offender under division (B) or (C) of section 4511.191 of the Revised Code on the date the court imposes sentence under division (G)(1)(e) of this section. The period of suspension the court imposes upon the offender shall not exceed the maximum period specified in division (A)(2) of section 4510.02 of the Revised Code. (v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle
that is subject to an order of
criminal
forfeiture under
this division. (vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section 3793.02 of the Revised
Code,
subject to division (I) of this section. (2) An offender who is convicted of or pleads guilty to a
violation of division (A) of this section and who subsequently
seeks reinstatement of the driver's or occupational driver's
license or permit
or nonresident operating privilege
suspended
under this section as a result of the conviction or
guilty plea
shall pay a reinstatement fee as provided in division
(F)(2) of
section 4511.191 of the Revised Code. (3) If an offender is sentenced to a jail term under
division
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and if,
within sixty days of
sentencing of the offender,
the court issues a written finding on the record
that, due to the
unavailability of space at the
jail where the offender is required
to serve the term, the offender will not
be able to begin serving
that term within the
sixty-day period following the date of
sentencing, the court may
impose an alternative sentence under
this division that includes a
term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. As an alternative to a mandatory jail term of ten consecutive
days
required by division (G)(1)(b)(i) of this
section, the court,
under this division, may sentence the
offender to five consecutive
days in jail and not less than eighteen consecutive days of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The cumulative total of
the five consecutive days in
jail and the period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall
not exceed six months. The five
consecutive days in jail do not
have to be served prior to or
consecutively to the period of house
arrest. As an alternative to the mandatory jail term of twenty
consecutive
days required by division (G)(1)(b)(ii)
of
this
section, the
court, under this division, may sentence the offender
to ten consecutive days
in jail and not less than thirty-six
consecutive days of
house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The
cumulative total of the ten consecutive days in
jail and the
period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall
not exceed
six months. The ten consecutive days in jail do not
have to be
served prior to or consecutively to the period of house
arrest. As an alternative to a mandatory jail term of thirty
consecutive
days required by division (G)(1)(c)(i) of
this
section, the court,
under this division, may sentence the offender
to fifteen consecutive days in
jail and not less than fifty-five
consecutive days of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The
cumulative total of the fifteen
consecutive days in jail and the
period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall not exceed
one year. The fifteen
consecutive days in jail
do not have to be
served prior to or
consecutively to the period of house arrest. As an alternative to the mandatory jail term of sixty
consecutive
days required by division (G)(1)(c)(ii)
of
this
section, the
court, under this division, may sentence the offender
to thirty
consecutive days in jail and not less than one hundred
ten
consecutive days of house arrest with electronic monitoring, with continuous elcohol alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring.
The
cumulative total of the thirty consecutive days in jail and
the
period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall not
exceed
one year. The thirty consecutive days in jail do not have
to be
served prior to or consecutively to the period of house
arrest. (4) If an offender's driver's or occupational driver's
license or
permit or nonresident operating privilege is suspended
under division
(G) of this
section and if section 4510.13 of the
Revised Code permits the
court to grant limited driving
privileges, the court may
grant the limited driving privileges
in accordance with that section. If division (A)(7) of that section requires that the court impose as a condition of the
privileges that the
offender must display on the vehicle that is
driven subject to the privileges
restricted license plates that
are issued under section 4503.231 of the Revised Code, except
as
provided in division (B) of that section, the court shall impose that condition as one of the conditions of the limited driving privileges granted to the offender, except as provided in division (B) of section 4503.231 of the Revised Code. (5) Fines imposed under this section for a violation of
division
(A) of this section shall be distributed as follows: (a)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to an enforcement
and
education fund established by the legislative authority of the law
enforcement
agency in this state that primarily was responsible
for the arrest of the
offender, as determined by the court that
imposes the fine. The agency shall
use this share to pay only
those costs it incurs in
enforcing this section or a municipal OVI
ordinance
and in informing the public of the laws governing the
operation of
a vehicle while under the influence of alcohol, the
dangers of
the operation of a vehicle under the influence of
alcohol, and other
information relating to the operation of a
vehicle under the influence of
alcohol and the consumption of
alcoholic beverages.
(b)
Fifty dollars of the fine imposed under division
(G)(1)(a)(iii)
of
this section shall be paid to the political
subdivision that pays the cost of
housing the offender during the
offender's term of incarceration. If the
offender is being
sentenced for a violation of division (A)(1)(a), (b), (c), (d), or (e) of this section and was confined as a result of the
offense
prior to being
sentenced for the offense but is not sentenced to a
term of incarceration, the
fifty dollars shall
be paid to the
political subdivision that paid the cost of housing
the offender
during that period of confinement. The political subdivision
shall use the share under this division to pay or
reimburse
incarceration or treatment costs it incurs in housing or
providing
drug and alcohol treatment to persons who violate this
section or
a municipal OVI ordinance, costs of any immobilizing or
disabling
device used on the offender's vehicle, and costs of electronic
house
arrest equipment
needed for persons who violate this
section. (c)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii)
and fifty
dollars of the fine imposed under
division
(G)(1)(b)(iii)
of this
section shall be deposited into
the county or municipal indigent drivers'
alcohol treatment fund
under the control of that
court, as created by the county or
municipal corporation under division
(N) of section 4511.191 of
the Revised Code. (d)
One hundred fifteen dollars of the fine imposed under
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to the political
subdivision
that pays the cost of housing the offender during the
offender's term of
incarceration. The political subdivision shall
use
this share to pay or reimburse incarceration or treatment
costs it incurs in
housing or providing drug and alcohol treatment
to persons who
violate this section or a municipal OVI ordinance,
costs for any
immobilizing or disabling device used on the
offender's vehicle, and costs of electronic house arrest equipment
needed for
persons who violate this section. (e)
The balance of the fine imposed under division
(G)(1)(a)(iii),
(b)(iii), (c)(iii),
(d)(iii),
or (e)(iii) of this
section
shall be
disbursed as otherwise provided by law.
(6) If title to a motor vehicle that is subject to an order
of criminal forfeiture under division (G)(1)(c), (d), or (e) of
this section is assigned or transferred and division (B)(2) or (3)
of section 4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the vehicle as determined by
publications of the national auto dealers association. The
proceeds of any fine so imposed shall be distributed in accordance
with division (C)(2) of that section. (7) As used in division (G) of this section, "electronic monitoring," "mandatory prison term," and "mandatory term of local incarceration" have the same meanings as in section 2929.01 of the Revised Code. (H) Whoever violates division (B) of this section is
guilty
of
operating a vehicle after underage alcohol consumption and
shall be
punished as follows: (1) Except as otherwise provided in division (H)(2) of this
section, the offender is guilty of a misdemeanor of the fourth
degree. In
addition to any other sanction imposed for the
offense, the court shall impose a class six suspension of the
offender's
driver's license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(6) of
section
4510.02 of the Revised Code. (2) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to one or more
violations of
division (A) or (B) of this section or other
equivalent
offense offenses, the
offender is guilty of a
misdemeanor of the third degree. In addition to any
other
sanction imposed
for the offense, the court shall impose a class
four suspension of the
offender's driver's license, commercial
driver's license, temporary
instruction permit, probationary
license, or nonresident operating privilege
from the range
specified in division (A)(4) of
section 4510.02 of the Revised
Code. (3) If the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1416 of the Revised Code and if the court imposes a jail term for the violation of division (B) of this section, the court shall impose upon the offender an additional definite jail term pursuant to division (E) of section 2929.24 of the Revised Code. (I)(1)
No court shall sentence an offender to an alcohol
treatment program under this section unless the treatment program
complies
with the minimum standards for alcohol treatment programs
adopted
under Chapter 3793. of the Revised Code by the director of
alcohol
and drug addiction services. (2) An offender who stays in a drivers' intervention program
or in an
alcohol treatment program under
an order issued under
this section shall pay the cost of the stay in the
program.
However, if the court determines that an offender who stays in an
alcohol treatment program under an order issued under this section
is unable
to
pay the cost of the stay in the program, the court
may order that the cost be
paid from the court's
indigent drivers'
alcohol treatment fund. (J)
If a person whose driver's or commercial driver's
license
or
permit or nonresident operating privilege is suspended
under
this section
files an appeal regarding any aspect of the
person's
trial or sentence, the
appeal itself does not stay the
operation
of the suspension. (K)
All terms defined in section 4510.01 of the Revised
Code
apply to this section. If the meaning of a term defined in
section
4510.01 of the Revised Code conflicts with the meaning of
the same term as defined in section 4501.01 or 4511.01 of the
Revised Code, the term as
defined in section 4510.01 of the
Revised Code applies to this section. (L)(1)
The Ohio Traffic Rules in effect
on
January 1, 2004, as adopted by the supreme court
under authority
of
section 2937.46 of the Revised Code, do not
apply to felony
violations of this section. Subject to division
(L)(2) of this
section, the Rules of Criminal Procedure apply to
felony
violations of this section. (2) If, on or after
January 1, 2004,
the supreme court modifies the Ohio Traffic
Rules
to provide
procedures to govern felony violations of this
section,
the
modified rules shall apply to felony violations
of this
section. Sec. 4511.191. (A)(1) "Physical control" has the same
meaning as in section 4511.194 of the Revised Code. (2) Any person who operates a vehicle, streetcar, or
trackless trolley upon
a highway or any public or private property
used by the public
for vehicular travel or parking within this
state
or who is in physical control of a vehicle,
streetcar, or
trackless trolley shall be deemed
to have given
consent to a
chemical test or tests of the
person's
whole blood,
blood serum or
plasma, breath, or urine
to
determine the alcohol,
drug, or
alcohol and drug
content of the
person's
whole blood,
blood serum
or plasma,
breath, or urine
if
arrested
for
a
violation of
division (A) or
(B) of
section 4511.19 of the Revised
Code,
section 4511.194 of
the
Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI
ordinance. (3) The chemical test or tests
under division (A)(2) of this
section shall be
administered at the request of a
law
enforcement
officer having reasonable
grounds to believe the
person
was
operating
or in physical control of a
vehicle,
streetcar, or
trackless trolley in
violation of a division,
section, or
ordinance identified in
division (A)(2) of this
section. The law
enforcement agency by
which the
officer is
employed shall
designate which of the tests
shall be
administered. (4) Any person who is dead or unconscious, or who
otherwise
is in a condition rendering the person incapable of
refusal,
shall
be deemed
to have
consented
as provided
in
division (A)(2) of
this section, and the test or
tests may be
administered, subject
to sections 313.12 to 313.16 of
the Revised
Code. (B)(1) Upon receipt of the sworn report of
a
law
enforcement
officer
who arrested a person for a violation of
division (A) or (B) of section 4511.19 of the Revised Code,
section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI ordinance
that was completed and sent to the registrar and a court pursuant
to
section
4511.192 of the
Revised Code in regard to a
person who
refused to take the
designated chemical test, the
registrar shall
enter into the
registrar's records the fact
that the person's
driver's or
commercial driver's license or permit or nonresident
operating
privilege was suspended by the arresting officer under
this
division and that section and the period of the
suspension,
as determined under
this
section. The suspension shall be
subject to appeal as
provided in
section
4511.197 of the Revised
Code. The suspension
shall be for whichever of the
following
periods applies: (a)
Except when division (B)(1)(b), (c), or (d) of
this
section applies and specifies a different class or length of
suspension,
the
suspension shall be
a class C suspension for the
period of time specified in
division (B)(3) of section 4510.02 of
the Revised Code. (b) If the arrested person, within
six twenty years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused one previous request to consent to a
chemical
test or had been convicted of or pleaded guilty to one violation of division (A) or (B) of section 4511.19 of the Revised Code or one other equivalent offense, the
suspension
shall be
a class B A suspension imposed for
the period of time
specified in division (B)(2)(1) of section 4510.02
of the Revised
Code. (c) If the arrested person, within
six twenty years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused two previous requests to consent to a
chemical
test, had been convicted of or pleaded guilty to two violations of division (A) or (B) of section 4511.19 of the Revised Code or other equivalent offenses, or had refused one previous request to consent to a chemical test and also had been convicted of or pleaded guilty to one violation of division (A) or (B) of section 4511.19 of the Revised Code or one other equivalent offense, which violation or offense arose from an incident other than the incident that led to the refusal,
the
suspension
period shall be
a class A suspension imposed for
the period of time
specified in division (B)(1) of section 4510.02
of the Revised
Code seven years. (d) If the arrested person, within
six twenty years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused three or more a number of previous requests to
consent to a
chemical test that is in excess of the number of times specified in division (B)(1)(c) of this section, had been convicted of or pleaded guilty to a number of violations of division (A) or (B) of section 4511.19 of the Revised Code or other equivalent offenses that is in excess of the number of times specified in division (B)(1)(c) of this section, or had refused a number of previous requests to consent to a chemical test and also had been convicted of or pleaded guilty to a number of violations of division (A) or (B) of section 4511.19 of the Revised Code or of other equivalent offenses, each of which violations or offenses arose from an incident other than an incident that led to any of the refusals, that in combination are in excess of the number of times specified in division (B)(1)(c) of this section, the
suspension
period shall be
for five
years seven years plus three years for each such refusal, conviction, or guilty plea in excess of the number of times specified in division (B)(1)(c) of this section. (2)
The registrar shall terminate a suspension of the
driver's or commercial driver's license
or permit of a resident or
of the operating privilege of a nonresident, or a
denial of a
driver's or commercial
driver's license or permit, imposed
pursuant to division (B)(1) of
this
section upon receipt of notice
that the person has entered a
plea of guilty to, or that the person has been
convicted after entering a plea of no contest to, operating a vehicle in violation
of section 4511.19
of
the Revised Code or in violation of a municipal
OVI ordinance,
if the offense for which the conviction is had or
the
plea is
entered arose from the same incident that led to the suspension or
denial. The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related suspension
imposed
pursuant to division (B)(1) of this section. (C)(1) Upon receipt of the sworn report of the
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code or a
municipal OVI
ordinance that was completed and sent to the
registrar and a court
pursuant
to
section
4511.192 of the Revised Code in regard to a
person
whose test
results indicate that the person's
whole blood,
blood
serum or
plasma, breath, or urine
contained
at least the
concentration
of
alcohol
specified in
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code, the registrar
shall
enter into the registrar's
records the fact that the
person's
driver's or
commercial
driver's
license or permit or
nonresident
operating privilege was
suspended
by the arresting
officer under
this
division
and section
4511.192 of the Revised Code and the
period of the
suspension, as
determined
under divisions (F)(1) to
(4) of this
section. The
suspension
shall be subject to appeal as
provided in
section
4511.197 of the Revised Code. The
suspension
described in
this division does not apply to, and shall
not be
imposed upon, a
person arrested for a violation of section
4511.194
of the Revised
Code or a substantially equivalent municipal ordinance who submits to a designated chemical
test.
The
suspension
shall
be for whichever of the following
periods
applies: (a) Except when division
(C)(1)(b),
(c), or (d) of this
section
applies and specifies a different
period, the
suspension
shall be
a class E suspension imposed for the
period of time
specified in division (B)(5) of section 4510.02 of
the Revised
Code. (b) The
suspension
shall be
a class C suspension for the
period of time
specified in division
(B)(3) of section 4510.02 of
the Revised Code if
the person has
been convicted
of or pleaded
guilty to, within six twenty years of
the
date the test
was conducted,
one violation of
division (A) or (B) of section 4511.19 of the
Revised
Code or one other equivalent
offense. (c) If, within six twenty years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
two
violations of a statute
or ordinance
described in division
(C)(1)(b) of this section,
the
suspension
shall be
a class B
suspension imposed for the period of time specified in division
(B)(2) of section 4510.02 of the Revised Code. (d) If, within six twenty years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
more than
two violations of a
statute or
ordinance described in
division
(C)(1)(b) of this
section,
the
suspension
shall be
a
class A
suspension imposed for the period of time specified in
division
(B)(1) of section 4510.02 of the Revised Code. (2) The registrar shall terminate a suspension of the
driver's or
commercial driver's license
or permit of a resident or
of the
operating privilege of a nonresident,
or a denial of a
driver's or
commercial driver's license or permit, imposed
pursuant to
division (C)(1) of this section
upon receipt of notice
that the
person has entered a plea of guilty to, or that the person has
been
convicted after entering a plea of no contest to,
operating
a vehicle in violation of section 4511.19
of the Revised
Code or
in violation of a municipal OVI ordinance,
if the
offense
for which the conviction is had or the plea is
entered arose from
the same incident that led to the suspension or
denial. The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related
suspension imposed
pursuant to division (C)(1) of this section. (D)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under
this section for the
time
described in division
(B) or
(C)
of this section is
effective
immediately from the time at which
the arresting officer
serves
the notice of suspension upon the
arrested person. Any
subsequent finding that the person is not
guilty of the charge
that resulted in the person being requested
to take
the chemical test or tests under division (A) of
this
section
does not affect the suspension. (2) If a person is arrested for operating a vehicle,
streetcar, or trackless trolley in violation of division (A) or
(B) of section 4511.19 of the Revised Code or a municipal OVI
ordinance, or for being in physical control of a
vehicle,
streetcar, or trackless trolley in violation of section
4511.194
of the
Revised Code or a substantially equivalent municipal ordinance,
regardless of whether the person's
driver's
or
commercial
driver's license or permit or nonresident
operating
privilege is
or is not suspended under division
(B)
or
(C)
of this
section
or Chapter 4510. of the Revised Code,
the person's
initial
appearance on the charge resulting from the
arrest shall
be held
within five days of the person's arrest or
the issuance of
the
citation to the person, subject to any
continuance
granted by
the
court pursuant to
section
4511.197 of
the Revised Code
regarding
the issues
specified in that division. (E) When it finally has been determined under the
procedures
of this section
and sections 4511.192 to 4511.197
of the
Revised Code that a nonresident's privilege to
operate a
vehicle
within this state has been suspended, the
registrar shall
give
information in writing of the action taken
to the motor
vehicle
administrator of the state of the person's
residence and
of any
state in which the person has a license. (F) At the end of a suspension period under this section,
under section 4511.194,
section 4511.196, or division
(G) of
section
4511.19 of the
Revised Code, or under section
4510.07 of
the
Revised Code for a violation of a municipal OVI
ordinance and
upon
the request of the person whose driver's or
commercial
driver's
license or permit was suspended and who is
not
otherwise
subject
to suspension,
cancellation, or
disqualification, the
registrar shall return the driver's or
commercial driver's license
or permit to the person upon the
occurrence of all of the
conditions
specified in divisions
(F)(1) and (2)
of this section: (1) A showing
that the person has proof of
financial
responsibility, a policy of liability insurance in
effect that
meets the minimum standards set forth in section
4509.51 of the
Revised Code, or proof, to the satisfaction of the
registrar,
that
the person is able to respond in damages in an
amount at
least
equal to the minimum amounts specified in section
4509.51
of the
Revised Code. (2) Subject to the limitation contained in division
(F)(3)
of this section, payment by the person
to the bureau of
motor
vehicles of a license
reinstatement fee
of four hundred
twenty-five dollars,
which fee
shall be deposited in the state
treasury and credited
as follows: (a) One hundred twelve dollars and fifty
cents shall be
credited to the statewide
treatment and prevention fund created by
section 4301.30 of the Revised Code.
The fund shall be
used to
pay the costs of driver treatment and
intervention programs
operated pursuant to sections 3793.02 and
3793.10 of the Revised
Code. The director of alcohol and drug
addiction services shall
determine the share of the fund that is
to be allocated to alcohol
and drug addiction programs authorized
by section 3793.02 of the
Revised Code, and the share of the fund
that is to be allocated to
drivers' intervention programs
authorized by section 3793.10 of
the Revised Code. (b) Seventy-five dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code. (c) Thirty-seven dollars and fifty cents
shall be credited
to the indigent
drivers alcohol treatment fund, which is hereby
established. Except as
otherwise provided in division
(F)(2)(c)
of this section, moneys in the fund shall be
distributed by the
department of alcohol and drug addiction
services to the county
indigent drivers alcohol
treatment funds,
the county juvenile
indigent drivers alcohol treatment funds,
and
the municipal
indigent drivers alcohol treatment funds that are
required to be
established by counties and municipal corporations
pursuant
to
this section, and shall be used only
to pay
the cost of an alcohol
and drug addiction treatment program
attended by an offender or
juvenile traffic offender who is
ordered to attend an alcohol and
drug addiction treatment program
by a county, juvenile, or
municipal court judge and who is
determined by the county,
juvenile, or municipal court judge not
to have the means to pay
for
the person's attendance at the
program or to pay the costs
specified in division
(H)(4) of
this section in accordance with
that
division. In addition, a county, juvenile, or municipal court judge may use moneys in the county indigent drivers alcohol treatment fund, county juvenile indigent drivers alcohol treatment fund, or municipal indigent drivers alcohol treatment fund to pay for the cost of the continued use of an electronic continuous alcohol monitoring device as described in divisions (H)(3) and (4) of this section. Moneys in the fund
that are not
distributed to a
county indigent drivers alcohol
treatment fund,
a county juvenile
indigent drivers alcohol
treatment fund, or a
municipal indigent
drivers alcohol treatment
fund under division
(H) of this section
because the director of
alcohol and drug addiction
services does
not have the information
necessary to identify the county or
municipal corporation where
the offender or juvenile offender was
arrested may
be transferred
by the director of budget and
management to the
statewide
treatment and prevention
fund created
by section
4301.30 of the
Revised Code, upon certification of the
amount by the director
of
alcohol and drug
addiction services. (d) Seventy-five dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent. (e) Seventy-five dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division
(F)(4) of
this section. (f) Thirty dollars shall be credited to the state bureau of
motor
vehicles fund created by section 4501.25 of the Revised
Code. (g) Twenty dollars shall be credited to the trauma and
emergency
medical services grants fund created by section 4513.263
of the
Revised Code. (3) If a person's driver's or commercial driver's license or
permit is suspended under
this
section,
under section 4511.196 or
division
(G) of section
4511.19 of the Revised Code,
under
section 4510.07 of the Revised
Code for a violation of a municipal
OVI ordinance or
under any
combination of the
suspensions
described in division
(F)(3) of
this section, and if the
suspensions arise from a single incident
or a single set of facts
and
circumstances, the person is liable
for payment of, and shall
be required to
pay to the bureau, only
one reinstatement fee of
four hundred
twenty-five
dollars.
The
reinstatement fee shall be
distributed by the bureau in
accordance
with division
(F)(2) of
this section. (4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to a law enforcement agency under
this
section shall be used by
the agency to pay for not more than
fifty
per cent of the amount
of the salaries of law enforcement
officers
who conduct drug abuse
resistance education programs in
public
schools. The attorney
general shall not use more than six
per
cent of the amounts the
attorney general's office
receives under
division
(F)(2)(e) of
this section to pay the costs it incurs
in
administering the grant
program established by division
(F)(2)(e)
of this section and in
providing training and
materials relating
to drug abuse resistance
education programs. The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs. (G) Suspension of a commercial driver's license under
division
(B) or
(C) of this section shall be concurrent with
any
period of disqualification under section 3123.611 or
4506.16
of
the Revised Code or any period of suspension under section
3123.58
of the Revised Code. No person who is disqualified for
life from
holding a
commercial driver's license under section
4506.16 of the
Revised
Code shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period for
which the
commercial
driver's license was suspended under division
(B) or
(C) of this
section. No person whose
commercial driver's license
is
suspended under division
(B) or
(C) of this section shall be
issued a driver's license under
Chapter 4507. of the Revised Code
during the period
of
the suspension. (H)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an
indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (F) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, and all portions of
fines
that are specified for deposit into a county or municipal
indigent
drivers alcohol treatment fund by section 4511.193 of
the Revised
Code shall be deposited into that county indigent
drivers alcohol
treatment fund, county juvenile indigent drivers
alcohol treatment
fund, or municipal indigent drivers alcohol
treatment fund in
accordance with division
(H)(2) of this
section. Additionally,
all portions of fines that are paid for a
violation of section
4511.19 of the Revised Code or
of any prohibition contained in
Chapter 4510. of the Revised Code,
and that are
required under
section
4511.19 or
any
provision of Chapter 4510. of the Revised
Code to be
deposited
into a county indigent drivers alcohol
treatment fund
or municipal
indigent drivers alcohol treatment
fund shall be
deposited into
the appropriate fund in accordance
with the
applicable division. (2) That portion of the license reinstatement fee that is
paid under division
(F) of this section and that is credited
under
that division to the indigent drivers alcohol treatment
fund
shall
be deposited into a county indigent drivers alcohol
treatment
fund, a county juvenile indigent drivers alcohol
treatment fund,
or a municipal indigent drivers alcohol treatment
fund as follows: (a) If the suspension in question was imposed under this
section, that portion of the fee shall be deposited as follows: (i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension,
the portion shall be deposited into the county indigent drivers
alcohol treatment fund under the control of that court; (ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the
suspension,
the portion shall be deposited into the county
juvenile indigent
drivers alcohol treatment fund established in
the county served by
the court; (iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers alcohol treatment fund under the control of that
court. (b) If the suspension in question was imposed under
section
4511.19 of the Revised Code
or under
section 4510.07 of the
Revised Code for a violation of a municipal
OVI ordinance, that
portion
of the fee shall be deposited as
follows: (i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court; (ii) If the fee is paid by a person whose license or
permit
was suspended by a municipal court, the portion shall be
deposited
into the municipal indigent drivers alcohol treatment
fund under
the control of that court. (3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of the
attendance at an alcohol and drug addiction treatment program of
a
person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of attendance at the
treatment
program or for payment of the costs specified in division
(H)(4)
of this section in accordance with that division. The
alcohol and
drug addiction services board or the board of alcohol,
drug
addiction, and
mental health services established pursuant to
section 340.02 or
340.021 of
the Revised Code and serving the
alcohol, drug addiction, and mental
health service district in
which the court is located shall
administer the indigent drivers
alcohol treatment program of the
court. When a court orders an
offender or juvenile traffic
offender to attend an alcohol and
drug addiction treatment
program, the board shall determine which
program is suitable to
meet the needs of the offender or juvenile
traffic offender, and
when a suitable program is located and space
is available at the
program, the offender or juvenile traffic
offender shall attend
the program designated by the board. A
reasonable amount not to
exceed five per cent of the amounts
credited to and deposited
into the county indigent drivers alcohol
treatment fund, the
county juvenile indigent drivers alcohol
treatment fund, or the
municipal indigent drivers alcohol
treatment fund serving every
court whose program is administered
by that board shall be paid
to the board to cover the costs it
incurs in administering those
indigent drivers alcohol treatment
programs. In addition, a county, juvenile, or municipal court judge may use moneys in the county indigent drivers alcohol treatment fund, county juvenile indigent drivers alcohol treatment fund, or municipal indigent drivers alcohol treatment fund to pay for the continued use of an electronic continuous alcohol monitoring device by an offender or juvenile traffic offender, in conjunction with a treatment program approved by the department of alcohol and drug addiction services, when such use is determined clinically necessary by the treatment program and when the court determines that the offender or juvenile traffic offender is unable to pay all or part of the daily monitoring of the device. (4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or
the board
of alcohol, drug addiction, and mental health services
established pursuant to
section 340.02 or 340.021 of the Revised
Code
and serving the alcohol, drug addiction, and
mental health
district in which the court is located, that
the funds in the
county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent
drivers alcohol treatment fund under the control of the
court are more than
sufficient to satisfy the purpose for which
the fund was established, as
specified in divisions
(H)(1) to
(3)
of this section, the
court may declare a surplus in the fund.
If
the court declares a surplus in
the fund, the court may expend
the
amount of the surplus in the fund for: (a) Alcohol and drug abuse
assessment and treatment of persons who are charged in
the court
with committing a criminal offense or with being a delinquent
child
or juvenile traffic offender and in relation to whom both of
the following
apply: (i) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the
juvenile traffic offense with which the person is charged. (ii) The court determines that the person is unable
to pay
the cost of the alcohol and drug abuse assessment and treatment
for
which the surplus money will be used. (b) All or part of the cost of purchasing electronic continuous alcohol monitoring devices to be used in conjunction with division (H)(3) of this section.
Sec. 4511.193. (A) Twenty-five dollars of any fine
imposed
for a violation of a municipal
OVI ordinance
shall be deposited
into the municipal or
county indigent
drivers alcohol treatment
fund created pursuant
to division
(H)
of section 4511.191 of the
Revised Code in
accordance with this
section and section 733.40,
divisions (A)
and (B) of section
1901.024, division (F) of section
1901.31, or
division (C) of
section 1907.20 of the Revised Code.
Regardless
of whether the
fine is imposed by a municipal court, a
mayor's
court, or a
juvenile court, if the fine was imposed for a
violation of an
ordinance of a municipal corporation that is
within the
jurisdiction of a municipal court, the twenty-five
dollars that is
subject to this section shall be deposited into
the indigent
drivers alcohol treatment fund of the municipal
corporation in
which is located the municipal court that has
jurisdiction over
that municipal corporation. Regardless of
whether the fine is
imposed by a county court, a mayor's court,
or
a juvenile court,
if the fine was imposed for a violation of
an
ordinance of a
municipal corporation that is within the
jurisdiction of a county
court, the twenty-five dollars that is
subject to this section
shall be deposited into the indigent
drivers alcohol treatment
fund of the county in which is located
the county court that has
jurisdiction over that municipal
corporation. The deposit shall
be made in accordance with
section
733.40, divisions (A) and (B)
of section 1901.024,
division (F) of
section 1901.31, or division
(C) of section
1907.20 of the Revised
Code. (B)(1) The requirements and sanctions imposed by divisions
(B)(1) and (2) of this section are an adjunct to and derive from
the state's exclusive authority over the registration and titling
of motor vehicles and do not comprise a part of the criminal
sentence to be imposed upon a person who violates a municipal
OVI
ordinance. (2)
If a person is convicted of
or pleads guilty to a
violation of a
municipal
OVI ordinance,
if the vehicle the
offender was operating at the time
of
the offense is registered in
the offender's name, and if, within
six twenty years
of the current
offense, the offender has been
convicted
of or pleaded guilty to
one or more violations of division (A) or
(B) of
section
4511.19
of the Revised Code
or one or more other
equivalent offenses,
the
court, in
addition to and
independent of any sentence that it
imposes upon
the offender for
the offense,
shall
do whichever of
the following
is
applicable: (a) Except as otherwise provided in division
(B)(2)(b) of
this section, if, within
six twenty years of the
current offense, the
offender has been convicted of or pleaded
guilty to one violation
described in division (B)(2) of this
section, the court shall
order the immobilization for ninety days
of
that vehicle
and the
impoundment for ninety days of the license plates
of that vehicle.
The order for the immobilization and
impoundment
shall be issued
and enforced in accordance with
section 4503.233
of the Revised
Code. (b) If, within six twenty years of the current offense, the
offender has been convicted of or pleaded guilty to two or more
violations described in division (B)(2) of this section, or if
the
offender
previously has been convicted of or pleaded guilty to
a
violation of division
(A) of section 4511.19 of the Revised Code
under circumstances in which the
violation was a felony and
regardless of when
the violation and the conviction or guilty plea
occurred, the
court shall order the criminal forfeiture to the
state of
that
vehicle.
The
order of
criminal forfeiture shall be
issued
and enforced in accordance with section
4503.234 of the
Revised
Code.
Sec. 4511.195. (A) As used in this section: (1) "Arrested person" means a person
who is arrested for a
violation of division
(A) of section 4511.19
of the Revised Code
or a municipal OVI ordinance
and whose arrest
results in a vehicle
being seized under division (B) of
this
section. (2) "Vehicle owner" means either of the following: (a) The person in whose name is
registered, at the time of
the seizure, a vehicle that is seized under
division (B) of this
section; (b) A person to whom the certificate of title to a vehicle
that is seized
under division (B) of this section has been
assigned and who has not obtained
a certificate of title to the
vehicle in that person's name, but who is deemed
by the court as
being the owner of the vehicle at the time the vehicle was
seized
under division (B) of this section. (3)
"Interested
party" includes the owner of a vehicle
seized
under this
section, all lienholders, the
arrested
person, the
owner of the place of storage at which a vehicle
seized under this
section is
stored, and the person or entity that
caused the
vehicle to be
removed. (B)(1) The arresting officer or another officer of the law
enforcement
agency that employs the arresting officer, in addition
to any action
that the arresting officer is required or authorized
to take by section
4511.19
or 4511.191 of the Revised Code or by
any other
provision of
law, shall seize the vehicle that a person
was operating at the time of the
alleged offense and its license
plates if
the vehicle is registered in the
arrested person's name
and if either of the following
applies: (a) The person is arrested for a violation of division
(A)
of section 4511.19 of the Revised Code or of a municipal
OVI
ordinance and, within six twenty years of the alleged violation,
the
person previously has been convicted of or pleaded guilty to one
or more
violations of
division (A) or (B) of section 4511.19 of
the
Revised Code or one or
more other
equivalent offenses.
(b) The person is arrested for a violation of
division (A)
of section 4511.19 of the Revised Code or of a
municipal
OVI
ordinance and the person previously has been
convicted
of or
pleaded guilty to a violation of division (A) of section
4511.19
of the Revised Code under circumstances in which the violation was
a
felony, regardless of when the
prior felony violation of
division (A) of section 4511.19 of the Revised Code
and the
conviction or guilty plea occurred. (2)
A law
enforcement agency that employs a law enforcement
officer who
makes an arrest of a type that is described in
division (B)(1) of
this section and that involves a rented or
leased vehicle
that is being rented or leased for a
period of
thirty days or
less shall notify, within
twenty-four hours after
the officer
makes the arrest, the lessor or owner of
the vehicle
regarding the
circumstances of the arrest and the location at
which the vehicle
may be picked
up. At the time of the seizure of
the vehicle, the
law
enforcement officer who made the arrest shall
give the
arrested person written notice that the vehicle and its
license plates have been seized; that the vehicle either will be
kept by the officer's law enforcement agency or will be
immobilized at least until the operator's initial appearance on
the charge of the offense for which the arrest was made; that, at
the initial appearance, the court in certain circumstances may
order that the vehicle and license plates be released
to the
arrested person until the disposition of
that
charge;
and that,
if
the
arrested person is
convicted of that
charge, the court
generally must order the
immobilization of the vehicle and the
impoundment of its license
plates, or the forfeiture of the
vehicle. (3) The arresting officer or a law enforcement officer of
the agency
that employs the arresting officer shall give written
notice of the seizure to
the court that will conduct the initial
appearance of the
arrested
person on the charges arising out of
the
arrest. Upon receipt of
the notice, the court promptly
shall
determine whether the
arrested person is
the vehicle owner.
If
the court determines that the
arrested person
is not the
vehicle
owner, it promptly shall send by regular mail
written
notice of
the seizure
to the
vehicle's registered owner. The written
notice
shall contain all of the information
required by
division
(B)(2) of this section to be in a notice to be
given to
the
arrested person and also shall
specify the
date, time, and
place
of the
arrested person's
initial
appearance.
The notice also
shall inform the vehicle
owner that if title to a motor
vehicle
that is subject to an order
for criminal forfeiture
under this
section is assigned or
transferred and division
(B)(2) or (3) of
section 4503.234 of
the Revised
Code applies, the court may fine
the
arrested
person the value of the
vehicle. The notice
also
shall state that if the vehicle is immobilized
under
division (A)
of section 4503.233 of the Revised
Code, seven
days after the end
of the period of immobilization a law
enforcement agency will
send
the vehicle owner a notice, informing
the
owner
that if the
release of the vehicle is not
obtained in accordance with division
(D)(3) of section 4503.233 of
the Revised
Code, the vehicle shall
be
forfeited. The notice also
shall inform the vehicle owner that
the vehicle owner may be
charged expenses or charges incurred
under this section and
section 4503.233 of the
Revised Code for
the removal and storage
of the vehicle. The written notice that is given to the
arrested person also
shall state that if
the
person is
convicted of
or
pleads guilty
to the offense
and the
court issues an immobilization and
impoundment
order relative to that vehicle,
division (D)(4) of
section
4503.233 of the Revised Code prohibits the vehicle
from
being sold
during the period of immobilization without the prior
approval of
the court. (4) At or before the initial appearance, the vehicle
owner
may file a motion requesting the court to order that the
vehicle
and its license plates be released to the vehicle owner. Except
as
provided in this division and subject to the payment
of
expenses or charges incurred in the removal and storage of
the
vehicle, the court, in its discretion, then may issue an
order
releasing the vehicle and its license plates to the
vehicle owner.
Such an order may be conditioned upon such terms
as the court
determines appropriate, including the posting of a
bond in an
amount determined by the court. If the
arrested
person is not
the vehicle owner and if the
vehicle owner is
not
present at the
arrested person's initial
appearance, and if
the court believes
that the vehicle owner was
not provided with
adequate notice of
the initial appearance, the
court, in its
discretion, may allow
the vehicle owner to file a
motion within
seven days of the
initial appearance. If the court
allows the
vehicle owner to file
such a motion after the initial
appearance, the extension of time
granted by the court does not
extend the time within which the
initial appearance is to be
conducted. If the court issues an
order for the release of the
vehicle and its license plates, a
copy of the order shall be
made
available to the vehicle owner.
If
the vehicle owner
presents a
copy of the order to the law
enforcement agency that
employs the
law enforcement officer who
arrested the
arrested person, the law enforcement agency promptly
shall
release the vehicle and its license plates to the vehicle
owner
upon payment by the vehicle owner of any expenses or
charges
incurred in the removal and storage of the vehicle. (5) A vehicle seized under division (B)(1) of this section
either shall be towed to a place specified by the law enforcement
agency that employs the arresting officer to be safely kept by
the
agency at that place for the time and in the manner specified
in
this section or shall be otherwise immobilized for the time and in
the
manner specified in this section. A law enforcement officer
of
that agency shall remove the identification license plates of
the
vehicle, and they shall be safely kept by the agency for the
time
and in the manner specified in this section. No vehicle that
is
seized and either towed or immobilized pursuant to this
division
shall be considered contraband for purposes of section
2933.41,
2933.42, or 2933.43 of the Revised Code. The vehicle
shall not
be immobilized at any place other than a commercially
operated
private storage lot, a place owned by a law enforcement
agency or other
government agency, or a place to which one of the
following
applies: (a) The place is leased by or otherwise under the control
of
a law enforcement agency or other government agency. (b) The place is owned by the vehicle operator, the
vehicle
operator's spouse, or a parent or child of the vehicle
operator. (c) The place is owned by a private person or entity, and,
prior to the immobilization, the private entity or person that
owns the place, or the authorized agent of that private entity or
person, has given express written consent for the immobilization
to be carried out at that place. (d) The place is a street or highway on which the
vehicle is
parked in accordance with the law. (C)(1) A vehicle
seized under division
(B) of this
section
shall be safely kept at the place to which it
is towed or
otherwise moved by the law enforcement agency that employs the
arresting
officer until the initial appearance of the
arrested
person
relative to the charge in question. The
license
plates of
the vehicle that are removed pursuant to
division (B) of this
section shall be safely kept by the law
enforcement agency that
employs the
arresting officer until the
initial appearance of the
arrested person
relative to the charge in question.
(2)(a) At the initial appearance or not less than seven days
prior to the
date of final disposition, the court shall notify the
arrested person
that, if title to a motor vehicle that is subject
to an order for
criminal forfeiture under this section is assigned
or
transferred and division
(B)(2)
or (3) of section 4503.234
of
the
Revised
Code applies, the court may
fine the
arrested person
the value of the
vehicle.
If, at the
initial appearance, the
arrested
person pleads
guilty to
the violation of division (A) of
section 4511.19
of the
Revised Code or of the municipal
OVI
ordinance or pleads
no
contest to and is convicted of the
violation, the court shall
impose sentence upon the
person as
provided by
law or
ordinance; the court shall order
the
immobilization of the vehicle
the arrested person was
operating at
the time
of the offense if registered in the arrested
person's
name and the
impoundment of its
license plates under
section
4503.233 and section
4511.19
or
4511.193
of the
Revised Code or
the criminal
forfeiture
to the state of the
vehicle
if registered
in the arrested
person's name under section
4503.234 and
section
4511.19
or 4511.193
of the Revised
Code, whichever is
applicable;
and the vehicle and its license
plates
shall not be returned or
released to the
arrested person. (b) If, at any time, the charge that the
arrested person
violated division (A) of
section 4511.19 of the
Revised Code or
the municipal
OVI ordinance is
dismissed for
any
reason, the
court shall order that the vehicle seized at the
time
of the
arrest and its license plates immediately
be released
to the
person. (D) If a vehicle
and its license plates are seized under
division (B) of this section
and
are not returned or released
to
the
arrested person pursuant to division (C) of
this section,
the
vehicle
and its license plates shall be
retained until
the final
disposition of the charge in
question.
Upon the final disposition
of that charge, the court
shall do
whichever of the following is
applicable: (1) If the
arrested person is convicted of
or
pleads
guilty
to the violation of division (A) of section
4511.19 of the
Revised
Code or of the municipal
OVI
ordinance, the
court shall
impose
sentence upon the
person as provided by
law or
ordinance and
shall order the
immobilization of the vehicle the
person was
operating at the time of the offense
if
it is registered in the
arrested person's name and the
impoundment
of its license plates
under section 4503.233 and
section
4511.19
or 4511.193
of the
Revised
Code, or the criminal
forfeiture of the vehicle
if it is
registered in the arrested
person's
name
under section 4503.234
and
section
4511.19
or
4511.193
of the Revised
Code, whichever is
applicable. (2) If the
arrested person is found not
guilty
of the
violation of division (A) of section 4511.19 of the
Revised Code
or of the municipal
OVI ordinance, the court
shall
order that
the
vehicle and its license plates immediately be
released to the
arrested person. (3) If the charge that the
arrested person
violated
division (A) of section 4511.19 of the Revised Code or
the
municipal
OVI ordinance is dismissed for any
reason, the
court
shall order that the vehicle and its license
plates
immediately be
released to the
arrested person. (4)
If the impoundment of the vehicle was not authorized
under
this section, the court shall order that the vehicle and its
license plates be
returned immediately to
the arrested person or,
if the arrested person is not the vehicle owner, to
the vehicle
owner, and shall order that the state or political subdivision of
the
law enforcement agency
served by the law enforcement officer
who seized the vehicle pay
all expenses and charges incurred in
its removal and storage. (E) If a vehicle is seized under division (B) of this
section, the time between the seizure of the vehicle and either
its release to the
arrested person under division
(C) of this
section or the issuance of an order of
immobilization
of the
vehicle under section 4503.233 of
the Revised Code shall be
credited against the period of
immobilization ordered by the
court. (F)(1)
Except as provided in division
(D)(4) of this
section, the arrested person may be charged
expenses or charges
incurred in the removal and storage of the
immobilized vehicle.
The court
with jurisdiction over the case,
after notice to all
interested parties, including lienholders, and
after an
opportunity for them to be heard,
if the court
finds that
the
arrested person does not intend to
seek
release of the vehicle
at
the end of the period of
immobilization under section 4503.233
of
the Revised Code or that
the
arrested person is
not or will not
be able to
pay the expenses and charges incurred in its removal
and storage,
may order that title to the vehicle be transferred,
in order of
priority, first into the name of the person or entity
that removed
it, next into the name of a lienholder, or lastly
into the name of
the owner of the place of storage. Any lienholder that receives title under a court
order shall
do so on the condition that it pay any expenses or
charges
incurred in the vehicle's removal and
storage. If the person or
entity that receives title to the vehicle
is the person or entity
that removed it, the person or entity
shall receive title on the
condition that it pay any lien on the
vehicle. The court
shall
not order that title be transferred to any person or entity
other
than the owner of the place of storage if the person or
entity
refuses to receive the title. Any person or entity that
receives
title either may keep title to the vehicle or may
dispose of the
vehicle in any legal manner that it considers
appropriate,
including assignment of the certificate of title to
the motor
vehicle to a salvage dealer or a scrap metal processing
facility.
The person or entity shall not
transfer the vehicle to the person
who is the
vehicle's immediate previous
owner. If the person or entity
that receives title assigns the motor
vehicle
to a
salvage dealer or scrap metal processing facility,
the person or
entity shall send the assigned certificate of title
to the motor
vehicle to the clerk of the court of common pleas of
the county
in which the salvage dealer or scrap metal processing
facility
is located. The person or entity shall mark the face of
the
certificate of title with the words "FOR
DESTRUCTION" and
shall deliver a photocopy of
the certificate of
title to the
salvage dealer or scrap metal
processing facility for
its records. (2) Whenever a court issues an order under division (F)(1)
of this section, the court also shall order removal of the license
plates
from the vehicle and cause them to be sent to the registrar
of motor
vehicles if they have not already been sent to the
registrar.
Thereafter, no further proceedings shall take place
under this section or
under section 4503.233 of the Revised Code. (3) Prior to initiating a proceeding under division (F)(1)
of this
section, and upon payment of the fee under division (B) of
section 4505.14 of the Revised Code, any interested party may
cause a search to be made of the public records of the bureau of
motor vehicles or the clerk of the court of common pleas, to
ascertain the identity of any lienholder of the vehicle. The
initiating party shall furnish this information to the clerk of
the court with jurisdiction over the case,
and the clerk shall
provide notice
to the
arrested
person, any
lienholder, and any
other interested parties listed by
the initiating party, at the
last known address supplied by the
initiating party, by certified
mail or, at the option of the
initiating party, by personal
service or ordinary mail.
Section 2. That existing sections 2152.02, 2152.19, 2921.38, 2921.51, 2929.14, 2929.19, 2967.28, 4510.07, 4510.13, 4510.14, 4510.17, 4510.31, 4511.19, 4511.191, 4511.193, and 4511.195 of the Revised Code are hereby repealed.
Section 3. (A) The General Assembly hereby declares that its purpose in amending sections 2929.14, 2929.19, and 2967.28 and enacting section 2929.191 of the Revised Code in Sections 1 and 2 of this act is to reaffirm that, under the amended sections as they existed prior to the effective date of this act: (1) by operation of law and without need for any prior notification or warning, every convicted offender sentenced to a prison term for a felony of the first or second degree, for a felony sex offense, or for a felony of the third degree that is not a felony sex offense and in the commission of which the offender caused or threatened to cause physical harm to a person always is subject to a period of post-release control after the offender's release from imprisonment pursuant to and for the period of time described in division (B) of section 2967.28 of the Revised Code; (2) by operation of law, every convicted offender sentenced to a prison term for a felony of the third, fourth, or fifth degree that is not subject to the provision described in clause (1) of this sentence is subject to a period of post-release control after the offender's release from imprisonment pursuant to division (C) of section 2967.28 of the Revived Code if the parole board determines in accordance with specified criteria that post-release control is necessary; and (3) by operation of law and without need for any prior notification or warning, every convicted offender sentenced to a prison term and subjected to supervision under a period of post-release control after the offender's release from imprisonment always is subject to having the Parole Board impose in accordance with section 2967.28 of the Revised Code a prison term of up to one-half of the stated prison term originally imposed upon the offender if the offender violates that supervision or a condition of post-release control imposed under division (B) of section 2967.131 of the Revised Code.
(B) The General Assembly hereby declares that it believes that the amendments made to sections 2929.14, 2929.19, and 2967.28 and the enactment of section 2929.191 of the Revised Code in Sections 1 and 2 of this act are not substantive in nature and merely clarify that the amended sections operate as described in division (A) of this Section, that the convicted offenders described in clause (1) under division (A) of this Section always are subject by operation of law and without need for any prior notification or warning to a period of post-release control after their release from imprisonment as described in that division, that the convicted offenders described in clause (2) under division (A) of this Section are subject by operation of law to post-release control after their release from imprisonment if the Parole Board makes certain determinations, that the convicted offenders described in clause (3) under division (A) of this Section always are subject by operation of law to having the Parole Board impose a prison term if they violate their supervision or a condition of post-release control as described in that division, and that the amendments made to sections 2929.14, 2929.19, and 2967.28 and the enactment of section 2929.191 of the Revised Code in Sections 1 and 2 of this act thus are remedial in nature. The General Assembly declares that it intends that the clarifying, remedial amendments made to sections 2929.14, 2929.19, and 2967.28 and the enactment of section 2929.191 of the Revised Code in Sections 1 and 2 of this act apply to all convicted offenders described in division (A) of this Section, regardless of whether they were sentenced prior to, or are sentenced on or after, the effective date of this act.
Section 4. Section 2921.38 of the Revised Code, as amended by this act, shall take effect ninety days after the effective date of this act.
Section 5. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that the amendments made in this act are crucially needed to clarify the law to protect the residents of this state from the consequences that might result if the state is forced to release without supervision offenders who have been convicted of serious offenses and imprisoned, solely because the offenders were not provided notice of the fact that the law always requires their supervision upon release from prison. Therefore, this act shall go into immediate effect.
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