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Am. Sub. H. B. No. 461 As Passed by the Senate
As Passed by the Senate
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Wolpert, Yuko, Ujvagi, Otterman, Healy, Latta, Evans, D., Gilb, Hughes, Barrett, Bubp, Cassell, Chandler, Collier, Combs, Core, Daniels, DeGeeter, Distel, Domenick, Evans, C., Faber, Fende, Fessler, Flowers, Gibbs, Hagan, Hartnett, Harwood, Kilbane, Law, Martin, Mason, McGregor, J., McGregor, R., Oelslager, Patton, T., Raussen, Reidelbach, Schaffer, Schlichter, Schneider, Smith, G., Stewart, J., Taylor, Wagner, Wagoner, Webster, White, Widener, Williams
Senators Grendell, Stivers, Jordan, Cates, Gardner, Harris, Wachtmann, Mumper
A BILL
To amend sections 2743.51, 2743.56, 2903.06, 2903.08, 2903.11, 2909.32, 2909.33, 2909.34, 2923.02, 2929.01, 2929.02, 2929.13, 2929.14, 2929.18, 2929.19, 2945.75, 2953.08, 4503.233, 4503.234, 4507.02, 4507.08, 4507.164, 4510.10, 4510.13, 4510.16, 4510.161, 4510.41, 4510.54, and 4511.19 and to enact sections 2929.142 and 4510.18 of the Revised Code, and to amend Section 6 of Am. Sub. S.B. 238 of the 126th General Assembly, to increase the prison term for aggravated vehicular homicide when the offender has at least three prior convictions of OVI, OVUAC, or the OVI-type offense related to vessels or aircraft, of aggravated vehicular homicide or aggravated vehicular assault based on OVI or the OVI-type offense related to vessels or aircraft, or of involuntary manslaughter based on OVI, OVUAC, or an OVI-type offense related to snowmobiles, locomotives, watercraft, or aircraft; to require a court to impose a Class 2 driver's license suspension for aggravated murder, murder, attempted murder, or felonious assault by means of a motor vehicle; to increase the length of the driver's license suspension required for aggravated vehicular homicide or vehicular homicide if the offender previously was convicted of a traffic-related murder, felonious assault, or attempted murder; to permit a court to impose a lifetime driver's license suspension for aggravated vehicular assault if the offender previously was convicted of a traffic-related homicide, manslaughter, or assault offense or a traffic-related murder, felonious assault, or attempted murder; to establish that driving under a lifetime suspension imposed for one of those offenses in those circumstances is a felony of the third degree; to allow a certified copy of a BMV record to be used as proof of a prior conviction; to expand the circumstances in which evidence on the concentration of alcohol, drugs of abuse, or a combination of them in a person's blood, breath, or urine may be admitted as evidence; to allow a person who suffers serious physical harm as a result of a hit-skip accident to file a claim for an award of reparations from the Crime Victims Reparations Fund; to make immobilization of a vehicle and impoundment of its license plates for the offense of "driving under financial responsibility law suspension or cancellation" or a violation of a comparable municipal ordinance discretionary rather than mandatory when the offender has no previous conviction in the preceding five years; to authorize the imposition of a fine equal to the value of the vehicle when title to a vehicle that is subject to an immobilization order is assigned or transferred without court approval; and to revise the procedures pursuant to which a court may order a payment plan or extension of time for payment of reinstatement fees owed by an offender relative to a suspension of driving privileges; to exempt specified federally insured depository institutions from provisions in current law that require a declaration of material assistance/nonassistance to terrorists, designate the Office of Budget and Management as the repository for business precertifications, modify the precertification process, and establish a fine for failure to certify; and to extend the date by which the Task Force on Implementing the Federal Domestic Violence Option in Ohio must submit its report to the General Assembly and the Governor.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2743.51, 2743.56, 2903.06, 2903.08, 2903.11, 2909.32, 2909.33, 2909.34, 2923.02, 2929.01, 2929.02, 2929.13, 2929.14, 2929.18, 2929.19, 2945.75, 2953.08, 4503.233, 4503.234, 4507.02, 4507.08, 4507.164, 4510.10, 4510.13, 4510.16, 4510.161, 4510.41, 4510.54, and 4511.19 be amended and sections 2929.142 and 4510.18 of the Revised Code be enacted to read as follows:
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of
the
Revised Code: (A)
"Claimant" means both of the following categories of
persons: (1) Any of the following persons who claim an award of
reparations under sections 2743.51 to 2743.72 of the Revised
Code: (a) A victim who was one of the following at the time of
the
criminally injurious conduct: (i) A resident of the United States; (ii) A resident of a foreign country the laws of which
permit residents of this state to recover compensation as victims
of offenses committed in that country. (b) A dependent of a deceased victim who is described in
division (A)(1)(a) of this section; (c) A third person, other than a collateral source, who
legally assumes or voluntarily pays the obligations of a victim,
or of a dependent of a victim, who is described in division
(A)(1)(a) of this section, which obligations are incurred as a
result of the criminally injurious conduct that is the subject of
the claim and may include, but are not limited to, medical or
burial expenses; (d) A person who is authorized to act on behalf of any
person who is described in division (A)(1)(a), (b), or (c) of
this
section; (e) The estate of a deceased victim who is described in division (A)(1)(a) of this section. (2) Any of the following persons who claim an award of
reparations under sections 2743.51 to 2743.72 of the Revised
Code: (a) A victim who had a permanent place of residence within
this state at the time of the criminally injurious conduct and
who, at the time of the criminally injurious conduct, complied
with any one of the following: (i) Had a permanent place of employment in this state; (ii) Was a member of the regular armed forces of the
United
States or of the United States coast guard or was a
full-time
member of the Ohio organized militia or of the United
States army
reserve, naval reserve, or air force reserve; (iii) Was retired and receiving social security or any
other
retirement income; (iv) Was sixty years of age or older; (v) Was temporarily in another state for the purpose of
receiving medical treatment; (vi) Was temporarily in another state for the purpose of
performing employment-related duties required by an employer
located within this state as an express condition of employment
or
employee benefits; (vii) Was temporarily in another state for the purpose of
receiving occupational, vocational, or other job-related training
or instruction required by an employer located within this state
as an express condition of employment or employee benefits; (viii) Was a full-time student at an academic institution,
college, or university located in another state; (ix) Had not departed the geographical boundaries of this
state for a period exceeding thirty days or with the intention of
becoming a citizen of another state or establishing a permanent
place of residence in another state. (b) A dependent of a deceased victim who is described in
division (A)(2)(a) of this section; (c) A third person, other than a collateral source, who
legally assumes or voluntarily pays the obligations of a victim,
or of a dependent of a victim, who is described in division
(A)(2)(a) of this section, which obligations are incurred as a
result of the criminally injurious conduct that is the subject of
the claim and may include, but are not limited to, medical or
burial expenses; (d) A person who is authorized to act on behalf of any
person who is described in division (A)(2)(a), (b), or (c) of
this
section; (e) The estate of a deceased victim who is described in division (A)(2)(a) of this section. (B)
"Collateral source" means a source of benefits or
advantages for economic loss otherwise reparable that the victim
or claimant has received, or that is readily available to the
victim or claimant, from any of the following sources: (2) The government of the United States or any of its
agencies, a state or any of its political subdivisions, or an
instrumentality of two or more states, unless the law providing
for the benefits or advantages makes them excess or secondary to
benefits under sections 2743.51 to 2743.72 of the Revised Code; (3) Social security, medicare, and medicaid; (4) State-required, temporary, nonoccupational disability
insurance; (5) Workers' compensation; (6) Wage continuation programs of any employer; (7) Proceeds of a contract of insurance payable to the
victim for loss that the victim sustained because of the
criminally
injurious conduct; (8) A contract providing prepaid hospital and other health
care services, or benefits for disability; (9) That portion of the proceeds of all contracts of
insurance payable to the claimant on account of the death of the
victim that exceeds fifty thousand dollars; (10) Any compensation recovered or recoverable under the
laws of another state, district, territory, or foreign country
because the victim was the victim of an offense committed in that
state, district, territory, or country. "Collateral source" does not include any money, or the
monetary value of any property, that is subject to sections
2969.01 to 2969.06 of the Revised Code or that is received as a benefit from the Ohio public safety officers death benefit fund created by section 742.62 of the Revised Code. (C)
"Criminally injurious conduct" means one of the
following: (1) For the purposes of any person described in division
(A)(1) of this section, any conduct that occurs or is attempted
in
this state; poses a substantial threat of personal injury or
death; and is punishable by fine, imprisonment, or death, or
would
be so punishable but for the fact that the person engaging
in the
conduct lacked capacity to commit the crime under the laws
of this
state. Criminally injurious conduct does not include
conduct
arising out of the ownership, maintenance, or use of a
motor
vehicle, except when any of the following applies: (a) The person engaging in the conduct intended to cause
personal injury or death; (b) The person engaging in the conduct was using the
vehicle
to flee immediately after committing a felony or an act
that would
constitute a felony but for the fact that the person
engaging in
the conduct lacked the capacity to commit the felony
under the
laws of this state; (c) The person engaging in the conduct was using the
vehicle
in a manner that constitutes an
OVI
violation; (d) The conduct occurred on or after July 25, 1990, and
the
person engaging in the conduct was using the vehicle in a
manner
that constitutes a violation of section 2903.08 of the
Revised
Code; (e) The person engaging in the conduct acted in a manner that caused serious physical harm to a person and that constituted a violation of section 4549.02 or 4549.021 of the Revised Code. (2) For the purposes of any person described in division
(A)(2) of this section, any conduct that occurs or is attempted
in
another state, district, territory, or foreign country; poses
a
substantial threat of personal injury or death; and is
punishable
by fine, imprisonment, or death, or would be so
punishable but for
the fact that the person engaging in the
conduct lacked capacity
to commit the crime under the laws of the
state, district,
territory, or foreign country in which the
conduct occurred or was
attempted. Criminally injurious conduct
does not include conduct
arising out of the ownership,
maintenance, or use of a motor
vehicle, except when any of the
following applies: (a) The person engaging in the conduct intended to cause
personal injury or death; (b) The person engaging in the conduct was using the
vehicle
to flee immediately after committing a felony or an act
that would
constitute a felony but for the fact that the person
engaging in
the conduct lacked the capacity to commit the felony
under the
laws of the state, district, territory, or foreign
country in
which the conduct occurred or was attempted; (c) The person engaging in the conduct was using the
vehicle
in a manner that constitutes an
OVI
violation; (d) The conduct occurred on or after July 25, 1990, the
person engaging in the conduct was using the vehicle in a manner
that constitutes a violation of any law of the state, district,
territory, or foreign country in which the conduct occurred, and
that law is substantially similar to a violation of section
2903.08 of the Revised Code; (e) The person engaging in the conduct acted in a manner that caused serious physical harm to a person and that constituted a violation of any law of the state, district, territory, or foreign country in which the conduct occurred, and that law is substantially similar to section 4549.02 or 4549.021 of the Revised Code. (3) For the purposes of any person described in division
(A)(1) or (2) of
this section, terrorism that occurs within or
outside the territorial
jurisdiction of the United States. (D)
"Dependent" means an individual wholly or partially
dependent upon the victim for care and support, and includes a
child of the victim born after the victim's death. (E)
"Economic loss" means economic detriment consisting
only
of allowable expense, work loss, funeral expense,
unemployment
benefits loss, replacement services loss,
cost of crime scene
cleanup, and cost of evidence replacement. If
criminally
injurious conduct causes death, economic loss includes
a
dependent's economic loss and a dependent's replacement
services
loss. Noneconomic detriment is not economic loss;
however,
economic loss may be caused by pain and suffering or
physical
impairment. (F)(1)
"Allowable expense" means reasonable charges incurred
for reasonably needed products, services, and accommodations,
including those for medical care, rehabilitation, rehabilitative
occupational training, and other remedial treatment and care and
including replacement costs for eyeglasses and other corrective
lenses. It does not include that portion of a charge for a room
in a hospital, clinic, convalescent home, nursing home, or any
other institution engaged in providing nursing care and related
services in excess of a reasonable and customary charge for
semiprivate accommodations, unless accommodations other than
semiprivate accommodations are medically required. (2) An immediate family member of a victim of
criminally
injurious conduct that consists of a homicide, a sexual assault,
domestic violence, or a severe and permanent incapacitating injury
resulting
in
paraplegia or a similar life-altering condition, who
requires psychiatric care
or counseling as a result of the
criminally injurious conduct, may be
reimbursed for that care or
counseling as an allowable expense through the
victim's
application. The cumulative allowable expense for care or
counseling
of that nature shall not exceed two thousand five hundred dollars for each immediate family member of a victim of
that type
and seven thousand five hundred dollars in the aggregate for all immediate family members of a victim of that type.
(3) A family member of a victim who died as a proximate result of criminally injurious conduct may be reimbursed as an allowable expense through the victim's application for wages lost and travel expenses incurred in order to attend criminal justice proceedings arising from the criminally injurious conduct. The cumulative allowable expense for wages lost and travel expenses incurred by a family member to attend criminal justice proceedings shall not exceed five hundred dollars for each family member of the victim and two thousand dollars in the aggregate for all family members of the victim. (4) "Allowable expense" includes attorney's fees not exceeding two thousand five hundred dollars, at a rate not exceeding one hundred fifty dollars per hour, incurred to successfully obtain a restraining order, custody order, or other order to physically separate a victim from an offender, if the attorney has not received payment under section 2743.65 of the Revised Code for assisting a claimant with an application for an award of reparations under sections 2743.51 to 2743.72 of the Revised Code. (G)
"Work loss" means loss of income from work
that the
injured person would have
performed if the person had not
been
injured
and expenses reasonably incurred by the person to obtain
services in
lieu of those the person would have performed for
income,
reduced by any
income from substitute work actually
performed by the
person, or by
income the person would have earned
in available appropriate
substitute
work that the person was
capable of performing but
unreasonably failed to
undertake. (H)
"Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu of
those the injured person would have performed, not for income,
but
for the benefit of the person's self or
family, if the person had
not been
injured. (I)
"Dependent's economic loss" means loss after a
victim's
death of contributions of things of economic value to
the victim's
dependents, not including services they would
have received
from
the victim if the victim had not suffered the fatal
injury, less
expenses of the dependents avoided by reason of the victim's
death. If a minor child of a victim is adopted after the victim's
death,
the minor child continues after the adoption to incur a
dependent's economic
loss as a result of the victim's death. If
the surviving spouse of a victim
remarries, the surviving spouse
continues after the remarriage to incur a
dependent's economic
loss as a result of the victim's death. (J)
"Dependent's replacement services loss" means loss
reasonably incurred by dependents after a victim's death in
obtaining ordinary and necessary services in lieu of those the
victim would have performed for their benefit if the victim
had
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in
calculating the dependent's economic loss. If a minor child of a
victim is
adopted after the victim's death, the minor child
continues after the adoption
to incur a dependent's replacement
services loss as a result of the victim's
death. If the surviving
spouse of a victim remarries, the surviving spouse
continues after
the remarriage to incur a dependent's replacement services
loss as
a result of the victim's death. (K)
"Noneconomic detriment" means pain, suffering,
inconvenience, physical impairment, or other nonpecuniary damage. (L)
"Victim" means a person who suffers personal injury or
death as a result of any of the following: (1) Criminally injurious conduct; (2) The good faith effort of any person to prevent
criminally injurious conduct; (3) The good faith effort of any person to apprehend a
person suspected of engaging in criminally injurious conduct. (M)
"Contributory misconduct" means any conduct of the
claimant or of the victim through whom the claimant claims an
award of reparations that is unlawful or intentionally tortious
and that, without regard to the conduct's proximity in time or
space to the criminally injurious conduct, has a causal
relationship to the criminally injurious conduct that is the
basis
of the claim. (N)(1)
"Funeral expense" means any reasonable charges that
are
not in excess of seven thousand
five hundred dollars per funeral and that
are
incurred for expenses directly related to a victim's
funeral,
cremation, or burial and any wages lost or travel expenses incurred by a family member of a victim in order to attend the victim's funeral, cremation, or burial. (2) An award for funeral expenses shall be applied first to expenses directly related to the victim's funeral, cremation, or burial. An award for wages lost or travel expenses incurred by a family member of the victim shall not exceed five hundred dollars for each family member and shall not exceed in the aggregate the difference between seven thousand five hundred dollars and expenses that are reimbursed by the program and that are directly related to the victim's funeral, cremation, or burial. (O)
"Unemployment benefits loss" means a loss of
unemployment
benefits pursuant to Chapter 4141. of the Revised
Code when the
loss arises solely from the inability of a victim
to
meet the able
to work, available for suitable work, or the
actively seeking
suitable work requirements of division (A)(4)(a)
of section
4141.29 of the Revised Code. (P)
"OVI violation" means any of the following: (1) A violation of section 4511.19 of the Revised Code, of
any municipal ordinance prohibiting the operation of a vehicle
while under the influence of alcohol, a drug of abuse, or
a
combination of them, or of any municipal
ordinance prohibiting
the
operation of a vehicle with a prohibited
concentration of
alcohol, a controlled substance, or a metabolite of a controlled substance
in the
whole blood,
blood serum or
plasma,
breath, or urine; (2) A violation of division (A)(1) of section 2903.06 of the
Revised Code; (3) A violation of division (A)(2), (3), or (4) of section
2903.06 of the
Revised Code or
of a municipal ordinance
substantially similar to any of those divisions,
if the offender
was under the influence of alcohol, a drug of
abuse, or
a
combination of them, at the time of the
commission of the offense; (4) For purposes of any person described in division
(A)(2)
of this section, a violation of any law of the state,
district,
territory, or foreign country in which the criminally
injurious
conduct occurred, if that law is substantially similar
to a
violation described in division (P)(1) or (2) of this section or
if
that law is substantially similar to a violation described in
division (P)(3) of this section and the offender was under
the
influence of alcohol, a drug of abuse, or
a
combination of them,
at the time of the commission of the
offense. (Q)
"Pendency of the claim" for an original reparations
application or supplemental reparations application means the
period of time
from the date the criminally injurious conduct upon
which the application is
based occurred until the date a final
decision, order,
or judgment concerning that original reparations
application or supplemental
reparations application is issued. (R)
"Terrorism" means any activity to which all of
the
following apply: (1) The activity involves a violent act or an act that is
dangerous to human life. (2) The act described in division
(R)(1) of this section is
committed within the territorial jurisdiction of the
United
States
and is a violation of
the criminal laws of the United
States, this
state, or any
other state or the act described in division
(R)(1)
of this section is
committed outside the territorial jurisdiction
of the
United
States and would be a violation
of the criminal laws
of the
United
States, this state, or any
other state if committed
within the territorial jurisdiction of
the United
States. (3) The activity appears to be intended to do any of the
following: (a) Intimidate or coerce a civilian
population; (b) Influence the policy of any government by
intimidation
or coercion; (c) Affect the conduct of any government by
assassination or
kidnapping. (4) The activity occurs primarily outside the territorial
jurisdiction of the United
States or transcends the
national
boundaries of the
United States in terms of the means by
which the
activity is accomplished, the person or persons that
the activity
appears intended to intimidate or coerce, or the
area or locale in
which the perpetrator or perpetrators of the
activity operate or
seek asylum. (S)
"Transcends the national boundaries of the
United
States"
means occurring outside
the territorial jurisdiction of
the
United
States in addition to occurring
within the territorial
jurisdiction of the
United States. (T)
"Cost of crime scene cleanup" means reasonable and
necessary
costs of cleaning the scene and repairing, for the purpose of personal security, property damaged at the scene where the criminally
injurious conduct occurred,
not to exceed seven hundred fifty
dollars in the aggregate per claim. (U)
"Cost of evidence replacement" means costs for
replacement of
property confiscated for evidentiary purposes
related to the criminally injurious conduct, not to exceed seven
hundred fifty
dollars in the aggregate per claim. (V)
"Provider" means any person who provides a victim or
claimant
with a
product, service, or accommodations that are an
allowable expense or a funeral
expense. (W)
"Immediate family member" means an individual who resided in the same permanent household as a victim at the time of the criminally injurious conduct and who is
related
to the victim by affinity or
consanguinity.
(X) "Family member" means an individual who is related to a victim by affinity or consanguinity.
Sec. 2743.56. (A) A claim for an award of reparations
shall be commenced by filing an application for an award of
reparations with the
attorney general. The application
may be filed by mail. If the application
is filed by mail, the post-marked date of the application shall be
considered the filing date of the application. The
application shall be in a form prescribed by the attorney general and
shall include a release authorizing the attorney general and
the court of claims
to obtain any report, document, or information that relates to the
determination of the claim for an award of reparations that is
requested in the application. (B) All applications for an award of reparations shall be
filed as follows: (1) If the victim of the criminally injurious conduct was
a minor, within two years of the victim's eighteenth birthday or within
two years from the date a complaint, indictment,
or information is filed against the alleged offender, whichever is
later. This
division does not require that a complaint, indictment, or
information be filed against an alleged offender in order for an
application for an award of reparations to be filed pertaining to
a victim who was a minor if the application is filed within two years of
the victim's eighteenth birthday, and does not affect the provisions of
section 2743.64 of the Revised Code. (2) If the victim of the criminally injurious conduct was
an adult, within two years after the occurrence of the criminally
injurious conduct.
(3) If the criminally injurious conduct occurred on or after July 1, 2000, in the manner described in division (C)(1)(e) or (2)(e) of section 2743.51 of the Revised Code, within the period set forth in division (B)(1) or (2) of this section, as applicable, or within two years after the effective date of this amendment, whichever is later.
Sec. 2903.06. (A) No person, while operating or
participating in the operation of a motor vehicle, motorcycle,
snowmobile, locomotive, watercraft, or aircraft, shall
cause the
death of another or the unlawful termination of another's
pregnancy
in any of the following ways: (1)(a) As the proximate result of committing a violation of
division
(A) of section 4511.19 of the Revised Code or of a
substantially
equivalent municipal ordinance;
(b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance. (2) In one of the following ways: (b) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender's commission of the reckless operation offense in the construction zone and does not apply as described in division (F) of this section. (3) In one of the following ways: (b) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender's commission of the speeding offense in the construction zone and does not apply as described in division (F) of this section. (4) As the proximate result of committing a violation of any
provision of any section contained in Title XLV of the Revised
Code that is
a minor misdemeanor or of a municipal ordinance that,
regardless of the
penalty
set by ordinance for the violation, is
substantially equivalent to any
provision of any section contained
in Title XLV of the Revised Code that is
a minor
misdemeanor. (B)(1) Whoever violates division (A)(1) or (2) of
this
section is guilty of aggravated
vehicular homicide and shall be
punished as provided in
divisions (B)(2) and (3) of this
section. (2)(a) Except as otherwise provided in this division (B)(2)(b) or (c) of this section,
aggravated
vehicular homicide committed in violation of division
(A)(1) of this
section is a felony of the second degree and the court shall impose a mandatory prison term on the offender as described in division (E) of this section.
Aggravated (b) Except as otherwise provided in division (B)(2)(c) of this section, aggravated vehicular homicide committed in violation of division
(A)(1) of this section is a
felony of the first degree, and the court shall impose a mandatory prison term on the offender as described in division (E) of this section, if any of the following apply: (i) At the
time of the offense, the offender was
driving under a suspension
imposed under Chapter
4510.
or any other
provision of the
Revised
Code. (ii) The offender previously has been convicted of
or
pleaded guilty
to a violation of this section. (iii) The offender previously has been convicted of or pleaded guilty to any
traffic-related
homicide, manslaughter, or
assault
offense. (iv)(c) Aggravated vehicular homicide committed in violation of division (A)(1) of this section is a felony of the first degree, and the court shall sentence the offender to a mandatory prison term as provided in section 2929.142 of the Revised Code and described in division (E) of this section if any of the following apply:
(i) The offender previously has been convicted of or pleaded guilty to
three or more
prior violations
of section 4511.19 of the Revised Code or
of a
substantially
equivalent municipal ordinance within the previous
six
years.
(v)(ii) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(vi)(iii) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(iv) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(1) of this section within the previous six years.
(v) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(1) of section 2903.08 of the Revised Code within the previous six years.
(vi) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 2903.04 of the Revised Code within the previous six years in circumstances in which division (D) of that section applied regarding the violations. (vii) The offender previously has been convicted of or pleaded guilty to three or more violations of any combination of the offenses listed in division (B)(2)(a)(iv), (v), or (vi) (c)(i), (ii), (iii), (iv), (v), or (vi) of this section within the previous six years. (viii) The offender previously has been convicted of or pleaded guilty to a
second or subsequent felony violation of
division
(A) of section
4511.19 of the Revised Code.
(b)(d) In addition to any other sanctions imposed pursuant to division (B)(2)(a), (b), or (c) of this section for aggravated vehicular homicide committed in violation of division (A)(1) of this section, the court shall
impose upon the offender a class one
suspension
of the offender's
driver's license, commercial driver's
license,
temporary
instruction permit, probationary license, or nonresident
operating
privilege
as specified in division (A)(1) of
section
4510.02 of
the Revised Code.
(3) Except as otherwise provided in this division,
aggravated
vehicular homicide committed in violation of division
(A)(2) of
this section is a felony of the third degree.
Aggravated
vehicular homicide
committed in violation
of division
(A)(2) of
this section is a felony of the second
degree if, at the
time of
the offense, the offender was driving under a
suspension
imposed
under Chapter
4510. or any
other
provision
of the Revised Code
or if the offender previously
has
been convicted of or
pleaded
guilty to
a
violation of this
section
or any traffic-related
homicide, manslaughter, or
assault
offense. The court shall impose a mandatory prison term on the offender when required by division (E) of this section. In addition to any other sanctions imposed pursuant to this division for a violation of division (A)(2) of this section, the court shall
impose upon the offender a class two suspension of the
offender's
driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating
privilege
from the
range specified in division (A)(2) of section
4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a traffic-related murder, felonious assault, or attempted murder offense, a class one suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(1) of that section. (C) Whoever violates division (A)(3) of this section is
guilty of
vehicular homicide. Except as otherwise provided in
this division,
vehicular homicide is a misdemeanor of the first
degree.
Vehicular homicide committed in violation of division (A)(3) of this section is a felony of the fourth degree if,
at the
time of the offense, the offender was driving under a
suspension
or revocation imposed under Chapter 4507. or any other
provision of the
Revised Code
or if the
offender
previously has
been convicted of or pleaded guilty to a violation of this
section
or any traffic-related homicide, manslaughter, or assault
offense. The court shall impose a mandatory jail term or a mandatory prison term on the offender when required by division (E) of this section. In addition to any other sanctions imposed pursuant to this division, the court shall
impose upon the offender a class four suspension of the
offender's
driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating
privilege
from the
range specified in division (A)(4) of section
4510.02 of the Revised Code,
or, if the offender previously
has
been convicted of or pleaded
guilty to a violation of this
section
or any traffic-related
homicide, manslaughter, or assault
offense,
a
class three
suspension of the offender's driver's license,
commercial driver's license,
temporary instruction permit,
probationary license, or nonresident operating
privilege from the
range specified in division (A)(3) of
that section, or, if the offender previously has been convicted of or pleaded guilty to a traffic-related murder, felonious assault, or attempted murder offense, a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(2) of that section. (D) Whoever violates division (A)(4) of this section is
guilty of
vehicular manslaughter. Except as otherwise provided in
this division,
vehicular manslaughter is a misdemeanor of the
second
degree. Vehicular manslaughter is a misdemeanor of the
first
degree if, at the time of the offense, the offender was
driving
under a suspension imposed under Chapter
4510.
or
any
other provision of the Revised Code
or if the offender
previously
has been convicted of or pleaded guilty to a
violation
of this
section or any traffic-related homicide, manslaughter, or
assault
offense. In addition to any other sanctions imposed pursuant to this division, the court shall
impose upon the offender a class six suspension of the
offender's
driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating
privilege
from
the range specified in division (A)(6) of
section
4510.02
of the Revised Code
or, if the offender
previously has
been convicted of or pleaded guilty to a
violation
of this
section
or, any traffic-related homicide, manslaughter, or
assault
offense,
or a traffic-related murder, felonious assault, or attempted murder offense, a
class four suspension of the offender's driver's
license,
commercial driver's
license, temporary instruction
permit,
probationary license, or nonresident
operating privilege
from the
range specified in division (A)(4)
of
that section. (E) The court shall impose a mandatory prison term on an
offender who
is convicted of or pleads guilty to a violation of
division (A)(1)
of this section. If division (B)(2)(c)(i), (ii), (iii), (iv), (v), (vi), (vii), or (viii) of this section applies to an offender who is convicted of or pleads guilty to the violation of division (A)(1) of this section, the court shall impose the mandatory prison term pursuant to section 2929.142 of the Revised Code. The court shall impose a mandatory jail term of at least fifteen days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (A)(3)(b) of this section and may impose upon the offender a longer jail term as authorized pursuant to section 2929.24 of the Revised Code. The court shall impose a
mandatory prison term on an
offender who is convicted of or pleads
guilty to a
violation of division (A)(2) or (3)(a) of this section or a felony violation of division (A)(3)(b) of this section if
either of
the following applies: (1) The
offender previously has been convicted of or
pleaded
guilty to a violation of this section or section
2903.08 of the
Revised
Code. (2) At the time of the offense, the
offender was driving
under suspension under Chapter
4510.
or any other provision
of
the
Revised
Code. (F) Divisions (A)(2)(b) and (3)(b) of this section do not apply in a particular construction zone unless signs of the type described in section 2903.081 of the Revised Code are erected in that construction zone in accordance with the guidelines and design specifications established by the director of transportation under section 5501.27 of the Revised Code. The failure to erect signs of the type described in section 2903.081 of the Revised Code in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (A)(1), (A)(2)(a), (A)(3)(a), or (A)(4) of this section in that construction zone or the prosecution of any person who violates any of those divisions in that construction zone. (G)(1) As used in this section: (a)
"Mandatory prison term" and "mandatory jail term" have the same
meanings as in
section 2929.01 of the Revised Code. (b)
"Traffic-related homicide,
manslaughter, or assault
offense"
means a violation of section 2903.04 of the Revised Code
in
circumstances in which division (D) of that section applies, a
violation of section 2903.06 or 2903.08 of the Revised Code, or a
violation of section 2903.06, 2903.07, or 2903.08 of the Revised
Code as they
existed prior
to
March
23,
2000. (c) "Construction zone" has the same meaning as in section
5501.27 of the Revised Code.
(d) "Reckless operation offense" means a
violation of section 4511.20 of the Revised Code or a
municipal ordinance substantially equivalent to section 4511.20 of
the Revised Code.
(e) "Speeding offense" means a violation of section 4511.21 of the Revised Code or a municipal ordinance pertaining to speed.
(f) "Traffic-related murder, felonious assault, or attempted murder offense" means a violation of section 2903.01 or 2903.02 of the Revised Code in circumstances in which the offender used a motor vehicle as the means to commit the violation, a violation of division (A)(2) of section 2903.11 of the Revised Code in circumstances in which the deadly weapon used in the commission of the violation is a motor vehicle, or an attempt to commit aggravated murder or murder in violation of section 2923.02 of the Revised Code in circumstances in which the offender used a motor vehicle as the means to attempt to commit the aggravated murder or murder. (g) "Motor vehicle" has the same meaning as in section 4501.01 of the Revised Code. (2) For the purposes of this section, when a penalty or
suspension is enhanced because of a prior or current violation of
a specified law or a prior or current specified offense, the
reference to the violation of the specified law or the specified
offense includes any violation of any substantially equivalent
municipal ordinance, former law of this state, or current or
former law of another state or the United States.
Sec. 2903.08. (A) No person, while operating or
participating in the operation of a motor vehicle, motorcycle,
snowmobile, locomotive, watercraft, or aircraft, shall
cause
serious physical harm to another person or another's unborn
in
any of the following ways: (1)(a) As the proximate result of committing a violation of
division
(A) of section 4511.19 of the Revised Code or of a
substantially
equivalent municipal ordinance;
(b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance. (2) In one of the following ways:
(a) As the proximate result of committing, while operating or
participating in the operation of a motor vehicle or motorcycle in
a construction zone, a reckless operation offense,
provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is
in the construction zone at the time of the offender's commission
of the reckless operation offense in the construction
zone and does not apply as described in division (E) of this section;
(3) As the proximate result of committing, while operating or
participating in the operation of a motor vehicle or motorcycle in
a construction zone, a speeding offense,
provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is
in the construction zone at the time of the offender's commission
of the speeding offense in the construction
zone and does not apply as described in division (E) of this section. (B)(1) Whoever violates division (A)(1) of this
section is
guilty of aggravated
vehicular assault. Except as otherwise
provided in this
division, aggravated vehicular assault is a
felony of the
third degree.
Aggravated vehicular assault is a
felony of the second degree if any of the following apply: (a) At the time of the offense, the offender was driving under a suspension
imposed under Chapter
4510. or any other provision of
the Revised Code. (b) The offender previously has been convicted of or
pleaded guilty to a
violation of this
section. (c) The offender previously has been convicted of or pleaded guilty to
any traffic-related homicide,
manslaughter, or assault offense. (d) The offender previously has been convicted of or pleaded guilty to
three or more prior violations of
section 4511.19 of the Revised Code or a
substantially equivalent
municipal ordinance within the previous
six years. (e) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(f) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(g) The offender previously has been convicted of or pleaded guilty to three or more prior violations of any combination of the offenses listed in division (B)(1)(d), (e), or (f) of this section.
(h) The offender previously has been convicted of or pleaded guilty to a second or
subsequent felony violation of division (A)
of section 4511.19 of
the Revised Code. (2) In addition to any other sanctions imposed pursuant to division (B)(1) of this section, except as otherwise provided in this division, the court shall
impose upon the offender a class three suspension of the
offender's driver's license,
commercial driver's license,
temporary instruction permit, probationary
license, or nonresident
operating privilege
from the range
specified in division (A)(3)
of section
4510.02 of the Revised Code or,
if. If the offender
previously
has been convicted of or pleaded guilty to a violation
of this
section or, any traffic-related homicide, manslaughter, or
assault
offense, or any traffic-related murder, felonious assault, or attempted murder offense, the court shall impose either
a class two suspension of the offender's
driver's license,
commercial
driver's license, temporary
instruction permit,
probationary license, or
nonresident operating
privilege from the
range specified in division
(A)(2) of that
section or a class one suspension as specified in division (A)(1) of that section. (C)(1) Whoever violates division (A)(2) or (3) of this section is
guilty of
vehicular assault and shall be punished as provided in divisions (C)(2) and (3) of this section. (2) Except as otherwise provided in this
division, vehicular
assault committed in violation of division (A)(2) of this section is a felony of the fourth degree.
Vehicular assault committed in violation of division (A)(2) of this section is a felony of the third degree if, at the time
of the offense, the offender was driving under a suspension
imposed under Chapter
4510. or any other
provision of the
Revised
Code, if the offender
previously has been convicted of
or
pleaded guilty to a violation
of this section or any
traffic-related homicide, manslaughter, or
assault offense, or if, in the same course of conduct that resulted in the violation of division (A)(2) of this section, the offender also violated section 4549.02, 4549.021, or 4549.03 of the Revised Code. In addition to any other sanctions imposed, the court shall
impose upon the offender a class four suspension of
the
offender's
driver's license,
commercial driver's license,
temporary
instruction permit, probationary
license, or nonresident
operating
privilege
from the
range specified in division (A)(4) of section
4510.02 of the
Revised Code
or, if the offender
previously
has
been convicted of or pleaded guilty to a violation of this
section
or, any traffic-related homicide, manslaughter, or assault
offense, or any traffic-related murder, felonious assault, or attempted murder offense,
a
class three suspension of the offender's driver's license,
commercial driver's
license, temporary instruction permit,
probationary license, or nonresident
operating privilege from the
range specified in division (A)(3)
of that
section.
(3) Except as otherwise provided in this division, vehicular assault committed in violation of division (A)(3) of this section is a misdemeanor of the first degree. Vehicular assault committed in violation of division (A)(3) of this section is a felony of the fourth degree if, at the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense. In addition to any other sanctions imposed, the court shall impose upon the offender a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a violation of this section or, any traffic-related homicide, manslaughter, or assault offense, or any traffic-related murder, felonious assault, or attempted murder offense, a class three suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of section 4510.02 of the Revised Code. (D)(1) The court shall impose a mandatory prison term on an
offender who
is convicted of or pleads guilty to a violation of
division (A)(1)
of this section. (2) The court shall impose a
mandatory prison term on an
offender who is convicted of or pleads
guilty to a
violation of division (A)(2) of this section or a felony violation of division (A)(3) of this section if either
of the
following applies: (a) The
offender previously has been convicted of or
pleaded
guilty to a violation of this section or section
2903.06 of the
Revised
Code. (b) At the time of the offense, the
offender was driving
under suspension under Chapter
4510. or any other provision
of
the
Revised Code. (3) The court shall impose a mandatory jail term of at least seven days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (A)(3) of this section and may impose upon the offender a longer jail term as authorized pursuant to section 2929.24 of the Revised Code. (E) Divisions (A)(2)(a) and (3) of this section do not apply in a particular construction zone unless signs of the type described in section 2903.081 of the Revised Code are erected in that construction zone in accordance with the guidelines and design specifications established by the director of transportation under section 5501.27 of the Revised Code. The failure to erect signs of the type described in section 2903.081 of the Revised Code in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (A)(1) or (2)(b) of this section in that construction zone or the prosecution of any person who violates either of those divisions in that construction zone. (F) As used in this section: (1)
"Mandatory prison term" and "mandatory jail term" have the same
meanings as in
section 2929.01 of the Revised Code. (2)
"Traffic-related homicide, manslaughter, or assault
offense"
has and "traffic-related murder, felonious assault, or attempted murder offense" have the same meaning meanings as in section 2903.06 of the Revised
Code. (3) "Construction zone" has the same meaning as in section
5501.27 of the Revised Code. (4) "Reckless operation offense" and "speeding offense" have the same
meanings as in section 2903.06 of the Revised Code. (G) For the purposes of this section, when a penalty or
suspension is enhanced because of a prior or current violation of
a
specified law or a prior or current specified offense, the
reference to
the violation of the specified law or the specified
offense
includes any violation of any substantially equivalent
municipal
ordinance, former law of this state, or current or
former law of
another state or the United States.
Sec. 2903.11. (A) No person shall knowingly do either of the
following: (1) Cause serious physical harm to another or to another's unborn; (2) Cause or attempt to cause physical harm to another or to another's
unborn by means of a deadly weapon or dangerous ordnance. (B) No person, with knowledge that the person has tested positive as a
carrier of a virus that causes acquired immunodeficiency syndrome, shall
knowingly do any of the following: (1) Engage in sexual conduct with another person without disclosing that
knowledge to the other person prior to engaging in the sexual conduct; (2) Engage in sexual conduct with a person whom the offender knows or has
reasonable cause to believe lacks
the mental capacity to appreciate the significance of the knowledge that the
offender has tested positive as a carrier of a virus that causes acquired
immunodeficiency syndrome; (3) Engage in sexual conduct with a person under eighteen years of age who
is not the spouse of the offender. (C) The prosecution of a person under this section does not
preclude prosecution of that person under
section 2907.02 of the Revised Code. (D)(1) Whoever violates this section is guilty of felonious assault,
a felony of
the second degree. If the victim of a violation of
division (A) of this section is a peace officer, felonious assault
is a
felony
of the first degree. If the victim of the offense is a peace officer, as
defined in section 2935.01 of the Revised Code, and if the victim suffered
serious physical harm as a result of the commission of the offense, felonious
assault is a felony of the first degree, and the court, pursuant to division
(F) of section 2929.13 of the Revised Code, shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first degree. (2) In addition to any other sanctions imposed pursuant to division (D)(1) of this section for felonious assault committed in violation of division (A)(2) of this section, if the deadly weapon used in the commission of the violation is a motor vehicle, the court shall impose upon the offender a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(2) of section 4510.02 of the Revised Code. (E) As used in this section: (1) "Deadly weapon" and "dangerous ordnance" have the same meanings as in
section 2923.11 of the Revised Code. (2) "Motor vehicle" has the same meaning as in section 4501.01 of the Revised Code. (3) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code. (3)(4) "Sexual conduct" has the same meaning as in section 2907.01 of the Revised Code,
except that, as used in this section, it does not include the insertion of an
instrument, apparatus, or other object that is not a part of the body into the
vaginal or anal opening of another, unless the offender knew at the time of the
insertion that the instrument, apparatus, or other object carried the
offender's bodily fluid.
Sec. 2909.32. (A)(1) The director of public safety shall adopt rules in accordance with Chapter 119. of the Revised Code to identify licenses the state issues for which a holder with a connection to a terrorist organization would present a potential risk to the residents of this state. The rules shall not identify a renewable driver's license or permit as a license of this nature if the applicant is a resident of this state.
(2)(a) The director shall prepare a document to serve as a declaration of material assistance/nonassistance for agencies to use to identify whether an applicant for a license or the renewal of a license has provided material assistance to an organization listed in the United States department of state terrorist exclusion list. The declaration shall be substantially in the form and of the same content as set forth in division (A)(2)(b) of this section. The director shall make the declaration available to each issuing agency of a license the director identifies pursuant to division (A)(1) of this section, along with a then-current copy of the United States department of state terrorist exclusion list. The director may adopt rules governing the preparation of the declaration and the distribution of the declaration and the list.
(b) The declaration of material assistance/nonassistance this section requires shall be substantially as follows and shall include the following questions and the associated spaces for answering the questions:
"DECLARATION REGARDING MATERIAL ASSISTANCE/NONASSISTANCETO TERRORIST ORGANIZATION
(1) Are you a member of an organization on the U.S. Department of State Terrorist Exclusion List? Yes .....; No ......
(2) Have you used any position of prominence you have within any country to persuade others to support an organization on the U.S. Department of State Terrorist Exclusion List? Yes .....; No ......
(3) Have you knowingly solicited funds or other things of value for an organization on the U.S. Department of State Terrorist Exclusion List? Yes .....; No ......
(4) Have you solicited any individual for membership in an organization on the U.S. Department of State Terrorist Exclusion List? Yes .....; No ......
(5) Have you committed an act that you know, or reasonably should have known, affords "material support or resources" (see below) to an organization on the U.S. Department of State Terrorist Exclusion List? Yes .....; No ......
(6) Have you hired or compensated a person you knew to be a member of an organization on the U.S. Department of State Terrorist Exclusion List or a person you knew to be engaged in planning, assisting, or carrying out an act of terrorism? Yes .....; No ......
For purposes of this declaration of material assistance/nonassistance, "material support or resources" means currency, payment instruments, other financial securities, funds, transfer of funds, and financial services that are in excess of one hundred dollars, as well as communications, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials." (B)(1) Any agency that issues a license the director identifies pursuant to division (A)(1) of this section shall include with the agency's application form a copy of the declaration of material assistance/nonassistance the director prepares pursuant to this section and a then-current copy of the terrorist exclusion list. The agency shall inform applicants that they must truthfully answer each question.
(2) Any person provided a declaration of material assistance/nonassistance pursuant to this section shall answer each question and attach the completed declaration to the application for the license or the license renewal.
(C)(1) Any answer of "yes" to any question, or the failure to answer "no" to any question, on a declaration of material assistance/nonassistance an agency provides pursuant to this section shall serve for purposes of this section as a disclosure that the applicant has provided material assistance to an organization listed on the terrorist exclusion list.
(2) Any person who discloses the provision of material assistance to any organization on the terrorist exclusion list shall be denied the license or the renewal of the license unless the department of public safety reinstates the application pursuant to division (D) of this section.
(3) Any licensing entity that denies a license or a renewal of a license pursuant to this division shall send written notice of that denial to the applicant within three business days of the decision to deny. The notice shall inform the applicant of the right to have the department of public safety review the denial if the applicant requests a review within sixty days after the mailing date of the notice. The licensing entity shall provide the department of public safety with a copy of any notice that it sends to an applicant pursuant to this division.
(D) The department of public safety, upon an applicant's request, shall review any decision to deny an application within thirty days of that receiving an applicant's request an application for any license or renewal that was denied under division (C) of this section for a review. The department shall reinstate the license application for good cause if it determines all of the following pursuant to guidelines the director adopts by rule:
(1) That the provision of material assistance to an organization on the terrorist exclusion list was made more than ten years prior to the time of the application, or the applicant provided material assistance during the ten years prior to the application and the date of the review, but at the time of the assistance, the organization was either not on the list or was not involved in any activity or conduct that would have merited inclusion on the list had it existed at the time, or at the time of the assistance it was not reasonable to know of the organization's activities that would have merited its inclusion on the list.
(2) That the applicant is unlikely in the future to provide material assistance to any organization on the terrorist exclusion list;
(3) That the applicant does not pose a risk to the residents of this state.
(E) The failure of an applicant for a license to complete and attach a declaration of material assistance/nonassistance as this section requires, the failure to disclose material assistance to an organization on the terrorist exclusion list, or the making of false statements regarding material assistance to an organization the applicant knew or should have known was on the terrorist exclusion list, shall result in the denial of the application and in the revocation of the license.
(F) The failure of an applicant for a license to disclose, as this section requires, the provision of material assistance to an organization on the terrorist exclusion list or knowingly making false statements regarding material assistance to an organization on that list is a felony of the fifth degree.
(G) An issuing agency shall notify the department of public safety if it denies an application for a license or the renewal of a license because the applicant disclosed the provision of material assistance to an organization listed on the terrorist exclusion list.
(H) An agency may revoke a license issued to any person who, after providing a declaration of material assistance/nonassistance pursuant to this section, takes an action that would result in "yes" being the correct answer to any question on the declaration, had the declaration been readministered after taking that action. The agency shall conduct a hearing pursuant to Chapter 119. of the Revised Code prior to revoking any license pursuant to this division. (I) This section does not apply to a license issued to either of the following: (1) A federally insured depository institution that is subject to anti-money laundering and antiterrorism requirements under federal law, any subsidiary of such a depository institution, or an officer or employee of such a depository institution or subsidiary when that license is related to the person's duties as an officer or employee; (2) Any affiliate of a depository institution described in division (I)(1) of this section, other than an affiliate that is a subsidiary of a depository institution, when that affiliate is subject to anti-money laundering and antiterrorism requirements under federal law, or an officer or employee of such an affiliate when that license is related to the person's duties as an officer or employee.
Sec. 2909.33. (A)(1) The director of public safety shall prepare a document to serve as a declaration of material assistance/nonassistance for the state, any instrumentality of the state, and any political subdivision of the state to use to determine whether by which any person, company, affiliated group, or organization, or person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization, has provided when required by this section, shall certify any provision of material assistance to an organization listed on the United States department of state terrorist exclusion list. The declaration shall be substantially in the same format and of the same content as set forth in division (A)(2)(b) of section 2909.32 of the Revised Code.
(2) The director of public safety and the director of budget and management shall make available on their respective department web sites and by any other means the director of public safety deems appropriate, the declaration of material assistance/nonassistance available to the state, instrumentalities of the state, and political subdivisions of the state, along with and a then-current copy of the terrorist exclusion list. The director of public safety, in consultation with the director of budget and management, may adopt rules that govern the preparation of the declaration and the distribution of the declaration and terrorist exclusion list.
(3)(a) Any Prior to entering into a contract to conduct business with or receive funding from any state agency, instrumentality, or political subdivision of the state, for purposes of business it conducts and funding it provides, may adopt a procedure under which it precertifies any person, company, affiliated group, or organization as not providing, or person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization, may precertify that it has not provided material assistance to an organization on the terrorist exclusion list. The precertification this division describes shall be granted to any person, company, affiliated group, or organization that submits to the director of budget and management a completed copy of the declaration prepared pursuant to this section, with an answer of "no" to all questions. A precertification pursuant to this division is effective for one year. No person shall require any person, company, affiliated group, or organization that is precertified to complete any additional declarations prior to the expiration of a precertification. All precertifications expire the thirtieth day of June of the second year of each state biennium period. To be precertified during the two years subsequent to that expiration date, an entity shall submit a new declaration to the director of budget and management pursuant to rules the director adopts.
(b) Any person, company, affiliated group, or organization that is precertified pursuant to this division and that takes any action or learns of anything that would result in an answer of "yes" to any question on the declaration of material assistance/nonassistance this division requires, shall cease to represent that it is precertified and, within thirty days of taking that action or learning the new information, shall notify every state agency, instrumentality, or political subdivision with which it is precertified to the director of budget and management to request the its precertification be rescinded.
(c) When applying for a contract, falsely representing precertification, or representing precertification when that precertification has been rescinded or should have been rescinded pursuant to this division, is a felony of the fifth degree.
(B) Any person who is provided submits a declaration of material assistance/nonassistance pursuant to this section shall complete that the entire declaration. Any answer of "yes" to any question, or the failure to answer "no" to any question, on the declaration shall serve for purposes of this section as a disclosure of the provision of material assistance to an organization that is listed on the terrorist exclusion list.
(C) Prior (1) Except as otherwise provided in divisions (C)(2) and (H) of this section, prior to entering into a contract with any state agency, instrumentality, or political subdivision to conduct business or receive funding, any person, company, affiliated group, or organization, and any person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization that conducts any business with or receives funding in an aggregate amount greater than one hundred thousand dollars annually from the state, any instrumentality of the state, and any political subdivision of the state, excluding the amount of any personal benefit, shall certify that it does not provide material assistance to any organization on the United States department of state terrorist exclusion list. The certification shall be made by completing and submitting the declaration of material assistance/nonassistance as described in division (A) of this section.
(2) Certification pursuant to this division shall not be required unless the entity entering into a contract for business or funding has received, or will have received as a result of the pending contract, an aggregate amount greater than one hundred thousand dollars in business or funding, excluding the amount of any personal benefit, from the state, instrumentalities, and political subdivisions during the current fiscal year, measured from the first day of July until the thirtieth day of June.
(D)(1) The No state agency, an instrumentality of the state, or a political subdivision of the state shall conduct no business with or provide any funding to any person, company, affiliated group or organization, or any person who has a controlling interest in a company, affiliated group, or organization unless that person, company, affiliated group, or organization is certified as division (C) of this section requires. The state, instrumentality, or subdivision shall provide the declaration prepared pursuant to division (A) of this section, along with a then-current copy of the terrorist exclusion list, to any person, company, affiliated group, or organization that is not precertified and for which certification is required. If a contract is entered into pursuant to competitive bidding or another competitive process, the state, instrumentality, or subdivision need provide the declaration and list only to the person selected and only if that person is not precertified.
(2) No person, company, affiliated group or organization, or any person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization shall enter into a contract to conduct business with or receive funding from the state, an agency or instrumentality of the state, or a political subdivision of the state unless it is certified as division (C) of this section requires.
(E) For the purposes of this section, the office of budget and management shall be the repository for all declarations received pursuant to division (A)(3)(a) of this section and the director of budget and management shall maintain a centralized database of all such declarations received. If a person, company, affiliated group, or organization discloses the provision of material assistance to an organization listed on the terrorist exclusion list, within three business days of that disclosure, the director shall send the declarant a written notice of prohibition against doing business or receiving funding. The notice shall inform the declarant of the right to a review of the prohibition by the department of public safety if the declarant requests that review within sixty days after the notice of prohibition was mailed. The director shall send copy of any notice sent pursuant to this division to the department of public safety. The department of public safety shall review, any prohibition within thirty days of the receipt of a request from any person, company, affiliated group, or organization that disclosed the provision of material assistance to an organization listed on the terrorist exclusion list, for a review and determine whether the prohibitions against doing business or receiving funding set forth in divisions (D)(1) and (D)(2) of this section should apply. The department of public safety shall order that the prohibitions do not apply if it determines all of the following pursuant to guidelines the director adopts by rule:
(1) That the provision of material assistance to an organization on the terrorist exclusion list was made more than ten years prior to the time the declaration of material assistance/nonassistance was filled out, or the material assistance was provided during the ten years prior to the application and the date of the review, but at the time of the assistance, the organization was either not on the list or would not have merited inclusion had it existed at the time, or at the time of the assistance it was not reasonable to know of the organization's activities that would have merited its inclusion on the list.
(2) That it is unlikely in the future that the person, company, affiliated group, or organization will provide material assistance to any organization on the terrorist exclusion list;
(3) The person, company, affiliated group, or organization does not pose a risk to the residents of this state.
(F) Any person, company, affiliated group, or organization that had not provided material assistance at the time a declaration of material assistance/nonassistance was answered, but starts providing material assistance to an organization on the terrorist exclusion list during the course of doing business with or receiving funding from the state, an agency or instrumentality of the state, or a subdivision of the state, is prohibited from entering into additional contracts to do business with or receive funding from the state, any agency or instrumentality, or any subdivision for a period of ten years after the provision of material assistance is discovered.
(G)(1) Any person, company, affiliated group, or organization that knowingly provides a false certification pursuant to this section is permanently banned from conducting business with or receiving funding from the state, an agency or instrumentality of the state, or a political subdivision of the state and is guilty of a felony of the fifth degree. (2) Any person, company, affiliated group, or organization that fails to certify as this section requires is subject to a fine of one thousand dollars for each day of doing business or receiving funding, except that any person, company, affiliated group, or organization that first reaches the threshold of one hundred thousand dollars in business or funding, due to the contract that it is entering into, shall not be subject to the fine for the first thirty days after entering into that contract, after which it shall be subject to the fine for each day that it is not certified. (H) This section does not apply to the following types of transactions:
(1) An investment in a company that is publicly traded in any United States market;
(2) An investment that is traded on a foreign market where United States investors regularly make investments;
(3) An investment that is made through an agent or investment manager who has a fiduciary responsibility to the investor;
(4) An investment in public agency debt;
(5) An investment in derivatives that are regulated by a government agency; (6) Financial services provided by or through either of the following: (a) A federally insured depository institution that is subject to anti-money laundering and antiterrorism requirements under federal law or any subsidiary of such a depository institution; (b) An affiliate of a depository institution described in division (H)(6)(a) of this section, other than an affiliate that is a subsidiary of the depository institution, when the affiliate is subject to anti-money laundering and antiterrorism requirements under federal law. "Financial services" include, but are not limited to, services related to currency, payment instruments, other financial securities, funds, and transfer of funds; (7) Any contract to conduct business or receive funding between state agencies, instrumentalities, or political subdivisions of the state;
(8) Any person, company, affiliated group, or organization providing necessary, nonelective healthcare services.
(I) As used in this section, "personal benefit" means all of the following:
(1) Pensions and disability and survivor benefits;
(2) Money, goods, services, or other things of value provided by the United States, the state, or a political subdivision of the state to which the recipient is entitled by reason of age, medical condition, or a financial need that is established pursuant to an act of congress or the general assembly;
(3) Salary or compensation a person receives as an employee of the state or a political subdivision of the state.
Sec. 2909.34. (A)(1) The director of public safety shall prepare a document to serve as a declaration of material assistance/nonassistance for the state, instrumentalities of the state, and political subdivisions of the state to use to determine whether any person who is under final consideration for employment has provided material assistance to an organization listed on the United States department of state terrorist exclusion list. The declaration shall be substantially in the same format and of the same content as set forth in division (A)(2)(b) of section 2909.32 of the Revised Code.
(2) The director shall make the declaration of material assistance/nonassistance available to the state, instrumentalities of the state, and political subdivisions of the state, along with a then-current copy of the terrorist exclusion list. The director may adopt rules that govern the preparation and distribution of the declaration and the terrorist exclusion list.
(3) The director may adopt rules that establish categories of employment that are exempt from the disclosure requirements of this section. (B) Any person under final consideration for employment who is provided a declaration of material assistance/nonassistance pursuant to this section shall complete the declaration prior to being employed. Any answer of "yes" to any question, or the failure to answer "no" to any question, shall serve for purposes of this section as a disclosure of the provision of material assistance to an organization that is listed on the terrorist exclusion list.
(C)(1) The state, a state instrumentality, or a political subdivision of the state shall provide each person who is under final consideration for a category of employment for which this section requires disclosure with a copy of the declaration of material assistance/nonassistance and a then-current copy of the terrorist exclusion list. The state, instrumentality, or subdivision shall not employ any person who discloses the provision of material assistance to an organization that is listed on the terrorist exclusion list.
(2) The state, or any instrumentality or political subdivision of the state that denies employment pursuant to this section, shall send written notice of that denial to the applicant within three business days of the decision to deny, along with notice of the applicant's right to a review of the denial by the department of public safety if the applicant requests a review within sixty days of the mailing date of the notice. An entity that denies employment pursuant to this section shall send a copy of any notice of denial of employment to the department of public safety. (D) The department of public safety, upon the receiving a request of for a review from any person who has been denied employment under division (C) of this section, shall review the request within thirty days to determine if the denial of employment should be voided. The department shall void that denial if it determines all of the following pursuant to guidelines the director adopts by rule:
(1) That the provision of material assistance to an organization on the terrorist exclusion list was made more than ten years prior to the time the declaration of material assistance/nonassistance was filled out, or the material assistance was provided during the ten years prior to the application and the date of the review, but at the time of the assistance, the organization was either not on the list or would not have merited inclusion on the list had it existed at the time, or at the time of the assistance it was not reasonable to know of the organization's activities that would have merited its inclusion on the list.
(2) That it is unlikely in the future that the person will provide material assistance to any organization on the terrorist exclusion list;
(3) The person does not pose a risk to the residents of the state. (E) The failure of an applicant for employment to disclose, as this section requires, the provision of material assistance to an organization on the terrorist exclusion list, or knowingly making false statements regarding material assistance to an organization on that list, is a felony of the fifth degree.
(F)(1) The state, or any instrumentality or political subdivision of the state, may terminate any employee who, after providing a declaration of material assistance/nonassistance pursuant to this section, takes an action that would result in "yes" being the correct answer to any question on the declaration, had the declaration been readministered after taking that action. (2) No employer shall terminate an employee pursuant to this division unless the employer complies with one of the following hearing procedures:
(a) If the employee is entitled to termination proceedings under a collective bargaining agreement, the employer shall comply with those procedures.
(b) If the employee is entitled to termination proceedings pursuant to division (C) of section 124.34 of the Revised Code, the employer shall comply with those procedures.
(c) If the employee does not qualify for the termination proceedings described in division (F)(2)(a) or (b) of this section, the employer shall comply with the procedures set forth in division (B) of section 124.34 of the Revised Code.
Sec. 2923.02. (A) No person, purposely or knowingly, and
when purpose or knowledge is sufficient culpability for the
commission of an offense, shall engage in conduct that, if
successful, would constitute or result in the offense. (B) It is no defense to a charge under this section that,
in retrospect, commission of the offense that was the
object of
the attempt was either factually or legally impossible under the
attendant circumstances, if that offense could have been
committed had the attendant circumstances been as the actor
believed them to be. (C) No person who is convicted of committing a specific
offense, of complicity in the commission of an offense, or of
conspiracy to commit an offense shall be convicted of an attempt
to commit the same offense in violation of this section. (D) It is an affirmative defense to a charge under this
section that the actor abandoned the actor's effort to
commit the offense
or otherwise prevented its commission, under circumstances
manifesting a complete and voluntary renunciation of the
actor's criminal
purpose. (E)(1) Whoever violates this section is guilty of an attempt
to commit an offense. An attempt to commit aggravated murder, murder, or an
offense for which the maximum penalty is imprisonment for life is a felony of
the first degree. An attempt to commit a drug abuse offense for which the
penalty is determined by the amount or number of unit doses of the controlled
substance involved in the drug abuse offense is an offense of the same degree
as the drug abuse offense attempted would be if that drug abuse offense had
been committed and had involved an amount or number of unit doses of the
controlled substance that is within the next lower range of controlled
substance amounts than was involved in the attempt. An attempt to
commit any other offense is
an offense of
the next lesser degree than the offense attempted. In the case
of an attempt to commit an offense other than a violation of
Chapter 3734. of the Revised Code that is not specifically
classified, an attempt is a misdemeanor of the first degree if
the offense attempted is a felony, and a misdemeanor of the
fourth degree if the offense attempted is a misdemeanor. In the
case of an attempt to commit a violation of any provision of
Chapter 3734. of the Revised Code, other than section 3734.18 of
the Revised Code, that relates to hazardous wastes, an attempt is
a felony punishable by a fine of not more than twenty-five
thousand dollars or imprisonment for not more than eighteen
months, or both. An attempt to commit a minor misdemeanor, or to
engage in conspiracy, is not an offense under this section.
(2) In addition to any other sanctions imposed pursuant to division (E)(1) of this section for an attempt to commit aggravated murder or murder in violation of division (A) of this section, if the offender used a motor vehicle as the means to attempt to commit the offense, the court shall impose upon the offender a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(2) of section 4510.02 of the Revised Code. (F) As used in this section, "drug: (1) "Drug abuse offense" has the same
meaning as in section 2925.01 of the Revised Code. (2) "Motor vehicle" has the same meaning as in section 4501.01 of the Revised Code.
Sec. 2929.01. As used in this chapter: (A)(1) "Alternative residential facility" means, subject to
division (A)(2)
of this section, any facility other than an
offender's home
or residence in which an offender is assigned to
live
and that satisfies all of the following criteria: (a) It provides programs through which the offender may seek
or maintain
employment or may receive education, training,
treatment, or
habilitation. (b) It has received the appropriate license or certificate
for any
specialized education, training, treatment, habilitation,
or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education,
training, treatment, habilitation, or service. (2) "Alternative residential facility" does
not include a
community-based correctional facility, jail,
halfway house, or
prison. (B) "Bad time" means the time by which the parole board
administratively extends an offender's stated prison term or terms
pursuant to
section 2967.11 of the Revised Code because the parole
board
finds by clear and convincing evidence that the
offender,
while serving the prison term or terms, committed an
act that is a
criminal offense under the law of this state or the
United States,
whether or not the offender is prosecuted for
the commission of
that act. (C) "Basic probation supervision" means a
requirement that
the offender maintain contact with a person
appointed
to supervise
the offender in accordance
with sanctions imposed by the court or
imposed by the parole board pursuant to
section 2967.28 of the
Revised Code. "Basic probation supervision"
includes basic parole
supervision and basic post-release control
supervision. (D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the
same meanings as in section 2925.01 of the
Revised Code. (E) "Community-based correctional
facility" means a
community-based correctional facility and
program or district
community-based correctional facility and
program developed
pursuant to sections 2301.51 to 2301.58 of the
Revised Code. (F) "Community control sanction"
means a sanction that is
not a prison term and that is described
in section 2929.15,
2929.16, 2929.17, or 2929.18 of the Revised
Code
or a sanction
that is not a jail term and that is described in
section 2929.26,
2929.27, or 2929.28 of the Revised Code.
"Community control
sanction" includes probation if the sentence involved was
imposed
for a felony that was committed prior to July 1, 1996, or if
the
sentence involved was imposed for a misdemeanor that was committed
prior
to January 1, 2004. (G) "Controlled substance," "marihuana," "schedule I,"
and
"schedule II" have the same meanings as in section 3719.01 of the
Revised
Code. (H) "Curfew" means a requirement that
an offender during a
specified period of time be at a designated
place. (I) "Day reporting" means a sanction
pursuant to which an
offender is required each day to report to
and leave a center or
other approved reporting location at
specified times in order to
participate in work, education or
training, treatment, and other
approved programs at the center or
outside the center. (J) "Deadly weapon" has the same
meaning as in section
2923.11 of the Revised
Code. (K) "Drug and alcohol use monitoring"
means a program under
which an offender agrees to submit to
random chemical analysis of
the offender's blood, breath, or urine to
determine whether the
offender has ingested any alcohol or other
drugs. (L) "Drug treatment program" means
any program under which a
person undergoes assessment and treatment designed
to
reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and
treatment on an outpatient basis or may be required to
reside at a
facility other than the person's home or residence while
undergoing assessment and treatment. (M) "Economic loss" means any
economic detriment suffered by
a victim as a direct and proximate result of the commission of an offense and includes
any loss
of income due to lost
time at work because of any injury
caused to the victim, and any
property loss, medical cost, or
funeral expense incurred as a
result of the commission of the
offense. "Economic loss" does not include non-economic loss or any punitive or exemplary damages. (N) "Education or training" includes
study at, or in
conjunction with a program offered by, a
university, college, or
technical college or vocational study and
also includes the
completion of primary school, secondary school,
and literacy
curricula or their equivalent. (O)
"Firearm" has the same meaning as
in section 2923.11 of
the Revised Code. (P) "Halfway house" means a facility
licensed by the
division of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the
Revised Code as a suitable
facility for the care and treatment of
adult offenders. (Q) "House arrest" means a period of confinement of an
offender that
is in the
offender's home or in
other premises specified by the
sentencing court or by the parole
board
pursuant to section 2967.28 of the Revised Code and during which all of
the
following apply: (1) The
offender is required to remain in the
offender's
home or other specified premises
for the
specified period of confinement, except for periods of time
during
which the
offender is at the
offender's place of
employment or at other
premises as authorized by the sentencing
court or by the parole board. (2) The
offender is required
to report periodically
to a person designated by the
court or parole board. (3) The
offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or by the parole board. (R) "Intensive probation supervision" means a
requirement
that an offender maintain frequent contact with a
person appointed
by the court, or by the parole board pursuant to section
2967.28
of the Revised Code, to supervise the offender while the
offender
is seeking or maintaining necessary employment and
participating
in training, education, and treatment programs as
required in the
court's or parole board's order. "Intensive
probation
supervision" includes intensive parole supervision and intensive
post-release control supervision. (S) "Jail" means a jail, workhouse,
minimum security
jail,
or other residential facility
used for the confinement of
alleged
or convicted offenders that
is operated by a political
subdivision
or a combination of
political subdivisions of this
state. (T) "Jail term" means the term in a jail that a sentencing
court
imposes or is authorized to impose pursuant to section
2929.24 or
2929.25 of the
Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction. (U) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E) of section 2903.06 or division (D) of section 2903.08 of the Revised Code, division (E) of section 2929.24 of the Revised Code, division (B)
of section
4510.14 of the Revised Code, or division
(G) of section 4511.19 of
the Revised Code or pursuant to any other provision of the
Revised
Code that requires a term in a jail for a misdemeanor
conviction. (V) "Delinquent child" has the same meaning as in section
2152.02 of the
Revised Code. (W) "License violation report" means
a report that is made
by a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board
or agency that issued an offender a professional
license or a
license or permit to do business
in this state and that specifies
that the offender has been
convicted of or pleaded guilty to an
offense that may violate the
conditions under which the offender's
professional license or
license or permit to do business in this
state was granted or an offense
for which the offender's
professional license or license or permit to do
business in this
state may be revoked or suspended. (X) "Major drug offender" means an
offender who is convicted
of or pleads guilty to the possession
of, sale of, or offer to
sell any drug, compound, mixture,
preparation, or substance that
consists of or contains at least
one thousand grams of hashish; at
least one hundred
grams of crack cocaine; at least one thousand
grams of cocaine that is not
crack cocaine; at least two thousand
five hundred unit doses or two
hundred fifty grams of
heroin; at
least five thousand unit doses of
L.S.D. or five hundred grams of
L.S.D. in a
liquid concentrate, liquid extract, or liquid
distillate form; or at least
one hundred times the
amount of any
other schedule I or II controlled
substance other than marihuana
that is necessary to commit a
felony of the third degree pursuant
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised
Code
that is based on the possession of, sale of, or offer to sell
the
controlled substance. (Y) "Mandatory prison term" means any of the
following: (1) Subject to division (Y)(2) of this section,
the term in
prison that must be imposed for the offenses or
circumstances set
forth in divisions (F)(1) to (8) or
(F)(12) to (14) of section
2929.13 and
division (D) of section 2929.14 of the
Revised Code. Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, and
2925.11 of the
Revised Code, unless the maximum or another
specific term is required under section 2929.14 or 2929.142 of the
Revised
Code, a mandatory prison term described in this division may be
any prison term authorized for the level of offense. (2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree
felony
OVI offense pursuant
to division (G)(2)
of
section 2929.13 and division
(G)(1)(d) or
(e) of
section
4511.19
of
the Revised Code or the term of one, two, three, four, or five years in prison that a sentencing court is required to impose pursuant to division (G)(2) of section 2929.13 of the Revised Code. (3) The term in prison imposed pursuant to section 2971.03
of the Revised Code for the offenses and in the circumstances
described in
division (F)(11) of section 2929.13 of the Revised
Code and
that term as
modified or terminated pursuant to
section
2971.05 of the Revised Code. (Z) "Monitored time" means a period
of time during which an
offender continues to be under the
control of the sentencing court
or parole board, subject to no
conditions other than leading a
law-abiding life. (AA) "Offender" means a person who,
in this state, is
convicted of or pleads guilty to a felony or a
misdemeanor. (BB) "Prison" means a residential
facility used for the
confinement of convicted felony offenders
that is under the
control of the department of rehabilitation and
correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. (CC) "Prison term" includes any of the following
sanctions
for an offender: (1) A stated prison term; (2) A term in a prison shortened by, or with the
approval
of, the sentencing court pursuant to section 2929.20,
2967.26,
5120.031, 5120.032, or 5120.073 of the
Revised Code; (3) A term in prison extended by bad time imposed
pursuant
to section 2967.11 of the Revised Code
or imposed for a violation
of post-release control pursuant to
section 2967.28 of the Revised
Code. (DD) "Repeat violent offender" means
a person about whom
both of the following apply: (1) The person is being sentenced for committing or for
complicity in
committing any of the following: (a) Aggravated murder,
murder, any felony of the first or second degree
that is an offense of violence, or an attempt to commit any of these offenses if the attempt is a felony of the first or second degree; (b) An offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to an offense described in division (DD)(1)(a) of this section. (2) The person previously was convicted of or pleaded
guilty
to an offense described in division (DD)(1)(a) or (b) of this section. (EE) "Sanction" means any penalty
imposed upon an offender
who is convicted of or pleads guilty to
an offense, as punishment
for the offense. "Sanction"
includes any sanction imposed
pursuant to any provision of
sections 2929.14 to 2929.18
or
2929.24 to 2929.28 of the
Revised Code. (FF) "Sentence" means the sanction or
combination of
sanctions imposed by the sentencing court on an
offender who is
convicted of or pleads guilty to
an offense. (GG) "Stated prison term" means the
prison term, mandatory
prison term, or combination of all
prison terms and mandatory
prison terms imposed by the
sentencing court pursuant to section
2929.14, 2929.142, or 2971.03 of the
Revised Code. "Stated prison term"
includes any credit received by the offender for time spent in
jail awaiting trial, sentencing, or transfer to prison for the
offense and any time spent under house arrest or
house arrest
with electronic monitoring imposed after
earning credits pursuant to
section 2967.193 of the Revised Code. (HH) "Victim-offender mediation"
means a reconciliation or
mediation program that involves an
offender and the victim of the
offense committed by the offender and that
includes a meeting in
which the offender and the victim may discuss the
offense, discuss
restitution, and consider other sanctions for
the offense. (II) "Fourth degree felony
OVI offense" means a
violation
of division (A) of section
4511.19 of the Revised
Code
that, under
division (G) of that section, is a felony of the fourth
degree. (JJ) "Mandatory term of local
incarceration" means the term
of sixty or one hundred twenty days in a jail, a
community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony
OVI offense pursuant to division (G)(1) of section
2929.13
of the Revised Code and division
(G)(1)(d) or
(e)
of section
4511.19 of
the
Revised Code. (KK) "Designated homicide, assault, or kidnapping
offense," "violent sex offense,"
"sexual motivation specification," "sexually violent offense,"
"sexually violent predator," and "sexually violent predator
specification"
have the same meanings as in section 2971.01 of the
Revised Code. (LL) "Habitual sex offender," "sexually oriented
offense,"
"sexual predator," "registration-exempt sexually oriented offense," "child-victim oriented offense," "habitual child-victim offender," and "child-victim predator" have the same meanings as in section 2950.01
of the Revised Code. (MM) An offense is "committed in the vicinity of a child"
if
the offender commits the offense within thirty feet of or within
the same
residential unit as a child who
is under eighteen years
of age, regardless of whether the offender knows the
age of the
child or whether the offender knows the offense is
being committed
within thirty feet of or within the same residential unit as
the
child and regardless of whether the child actually views the
commission of
the offense. (NN) "Family or household member" has the same meaning as
in
section 2919.25 of the Revised Code. (OO) "Motor vehicle" and "manufactured home" have the
same
meanings as in section 4501.01 of the Revised Code. (PP) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code. (QQ) "Third degree felony
OVI offense" means a
violation of
division (A) of section 4511.19 of the Revised Code
that, under
division (G) of that section, is a felony of
the third
degree. (RR) "Random drug testing" has the same meaning as in
section 5120.63 of the Revised Code. (SS) "Felony sex offense" has the same meaning as in
section
2967.28 of the Revised Code. (TT) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code. (UU) "Electronic monitoring" means monitoring through the
use of an electronic monitoring device.
(VV) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (VV)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (VV)(1)(a) of this section, can transmit continuously
those signals by telephone to a central monitoring computer of the
type described in division (VV)(1)(c) of this section, and can
transmit continuously an appropriate signal to that central
monitoring computer if the receiver is turned off or altered
without prior court approval or otherwise tampered with.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by telephone by a
receiver of the type described in division (VV)(1)(b) of this
section and can monitor continuously the person to whom an
electronic monitoring device of the type described in division
(VV)(1)(a) of this section is attached.
(2) Any device that is not a device of the type described in
division (VV)(1) of this section and that conforms with all of the
following: (a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved. (WW) "Non-economic loss" means nonpecuniary harm suffered by a victim of an offense as a result of or related to the commission of the offense, including, but not limited to, pain and suffering; loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education; mental anguish; and any other intangible loss. (XX) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code. (YY) "Continuous alcohol monitoring" means the ability to automatically test and periodically transmit alcohol consumption levels and tamper attempts at least every hour, regardless of the location of the person who is being monitored.
(ZZ) A person is "adjudicated a sexually violent predator" if the person is convicted of or pleads guilty to a violent sex offense and also is convicted of or pleads guilty to a sexually violent predator specification that was included in the indictment, count in the indictment, or information charging that violent sex offense or if the person is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that designated homicide, assault, or kidnapping offense.
Sec. 2929.02. (A) Whoever is convicted of or pleads guilty to aggravated
murder in violation of section 2903.01 of the Revised Code shall
suffer death or be imprisoned for life, as determined pursuant to
sections 2929.022, 2929.03, and 2929.04 of the Revised Code,
except that no person who raises the matter of age pursuant to
section 2929.023 of the
Revised Code and who is not found to have been eighteen years of
age or older at the time of the commission of the offense shall
suffer death. In addition, the offender may be fined an amount
fixed by the court, but not more than twenty-five thousand
dollars. (B) Whoever is convicted of or pleads guilty to murder in violation of
section 2903.02 of the Revised Code shall be imprisoned for an indefinite
term of fifteen years to life, except that, if the offender also is
convicted of or pleads guilty to a sexual motivation specification and a
sexually violent predator specification that were included in the indictment,
count in the indictment, or information that charged the murder, the court
shall impose upon the offender a term of life imprisonment without
parole that shall be served pursuant to section 2971.03
of the Revised Code. In addition, the offender may be
fined an amount fixed by the court, but not more than fifteen
thousand dollars. (C) The court shall not impose a fine or fines for
aggravated murder or murder which, in the aggregate and to the
extent not suspended by the court, exceeds the amount which the
offender is or will be able to pay by the method and within the
time allowed without undue hardship to the offender or
to the dependents of the offender, or will prevent
the offender from making reparation for the victim's
wrongful death. (D)(1) In addition to any other sanctions imposed for a violation of section 2903.01 or 2903.02 of the Revised Code, if the offender used a motor vehicle as the means to commit the violation, the court shall impose upon the offender a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(2) of section 4510.02 of the Revised Code. (2) As used in division (D) of this section, "motor vehicle" has the same meaning as in section 4501.01 of the Revised Code.
Sec. 2929.13. (A) Except as provided in
division (E), (F),
or (G) of this section and unless a
specific sanction is required
to be imposed or is precluded from
being imposed pursuant to law,
a court that imposes a sentence
upon an offender for a felony may
impose any sanction or
combination of sanctions on the offender
that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on
state or local government resources. If the offender is eligible to be sentenced to community
control sanctions,
the court shall consider the
appropriateness of
imposing a financial sanction pursuant to
section 2929.18 of the
Revised Code or
a sanction of community service
pursuant to
section 2929.17 of the Revised Code
as the sole sanction for the
offense. Except as otherwise provided in this
division, if the
court is required
to impose a mandatory prison term for the
offense for which
sentence is being imposed, the court also may
impose a financial
sanction pursuant to section 2929.18 of the
Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code. If the offender is being sentenced for a fourth degree felony
OVI offense or for a third degree felony OVI offense, in
addition
to the mandatory term of local
incarceration or the
mandatory
prison term required for
the offense by
division (G)(1)
or (2) of
this section, the
court shall impose upon the offender a
mandatory
fine in accordance with
division (B)(3) of section
2929.18 of the
Revised Code
and may impose whichever of the
following is
applicable: (1) For a fourth degree felony OVI offense for which
sentence is
imposed under division (G)(1) of this section, an
additional
community control sanction
or combination of community
control sanctions under section 2929.16 or 2929.17
of the Revised
Code. If the court imposes upon the offender a community control sanction and the offender violates any condition of the community control sanction, the court may take any action prescribed in division (B) of section 2929.15 of the Revised Code relative to the offender, including imposing a prison term on the offender pursuant to that division. (2) For a third or fourth degree felony OVI offense for
which
sentence is imposed under division (G)(2) of this section,
an additional
prison term as
described in division (D)(4) of
section 2929.14 of the Revised Code or a community control sanction as described in division (G)(2) of this section. (B)(1) Except as provided in division (B)(2),
(E), (F), or
(G) of this section, in sentencing an offender for a
felony of the
fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply: (a) In committing the offense, the offender caused
physical
harm to a person. (b) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person
with a
deadly weapon. (c) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person,
and
the offender previously was convicted of an offense that
caused
physical harm to a person. (d) The offender held a public office or position of
trust
and the offense related to that office or position; the
offender's
position obliged the offender to prevent the offense
or to bring
those committing it to justice; or the offender's
professional
reputation or position facilitated the offense or
was likely to
influence the future conduct of others. (e) The offender committed the offense for hire or as part
of an organized criminal activity. (f) The offense is a sex offense that is a fourth or
fifth
degree felony violation of section 2907.03, 2907.04,
2907.05,
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the
Revised Code. (g) The offender at the time of the offense was serving, or
the offender previously had served, a prison term. (h) The offender committed the offense while under a
community control
sanction, while on probation, or while released
from custody on a bond or
personal recognizance. (i) The offender committed the offense while in possession
of a firearm. (2)(a) If the court makes a finding
described in division
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this
section and if the court, after
considering the factors set forth
in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the
offender is not amenable to an available
community control
sanction, the court shall impose a
prison term upon the offender. (b) Except as provided in division (E), (F), or (G) of this
section, if the
court does not make a
finding described in
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of
this section and if the court, after
considering the factors set
forth in section 2929.12 of the
Revised
Code, finds that a
community
control sanction or combination of community control
sanctions
is consistent with the purposes and principles of
sentencing set
forth in section 2929.11 of the
Revised
Code, the
court shall impose a
community control sanction or combination of
community control
sanctions upon the offender. (C) Except as provided in division (D), (E), (F), or (G) of this
section, in
determining whether to impose a prison
term as a
sanction for a felony of the
third degree or a felony drug offense
that is a
violation of a provision of
Chapter 2925. of the
Revised
Code and that is specified as
being subject to this division for
purposes of sentencing, the
sentencing court shall comply with the
purposes and principles
of sentencing under section 2929.11 of the
Revised
Code and with section 2929.12
of the Revised Code. (D)(1) Except as provided in division (E)
or (F) of this
section, for a felony of the first or
second degree, for a
felony drug offense that is a violation
of any provision of
Chapter 2925., 3719., or 4729. of the
Revised Code for which a
presumption in favor of
a prison term is specified as being
applicable, and for a violation of division (A)(4) of section 2907.05 of the Revised Code for which a presumption in favor of a prison term is specified as being applicable, it is presumed
that a prison term is necessary in
order to comply
with the purposes and principles of sentencing
under section 2929.11 of the
Revised Code. Division (D)(2) of this section does not apply to a presumption established under this division for a violation of division (A)(4) of section 2907.05 of the Revised Code. (2) Notwithstanding the
presumption established
under division (D)(1) of this section for the offenses listed in that division other than a violation of division (A)(4) of section 2907.05 of the Revised Code, the sentencing court
may
impose a community control sanction or a combination of
community control
sanctions instead of a prison term on an
offender for a felony of the first or
second degree or for a
felony drug offense that is a violation of any
provision of
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being
applicable if
it makes both of
the following findings: (a) A community control sanction or a combination of
community control
sanctions would
adequately punish the offender
and protect the public from future
crime, because the applicable
factors
under section 2929.12
of the Revised Code indicating a
lesser
likelihood of recidivism
outweigh the applicable factors
under that section
indicating a
greater likelihood of recidivism. (b) A community control sanction or a combination of
community control
sanctions would not
demean the seriousness of
the offense, because one or more
factors under section 2929.12 of
the Revised
Code that indicate that the offender's conduct was
less serious than
conduct normally constituting the offense are
applicable, and they outweigh
the applicable factors under that
section that indicate that the
offender's conduct was more
serious
than conduct normally constituting the offense. (E)(1) Except as provided in division
(F) of this section,
for any drug offense that is a
violation of any provision of
Chapter 2925.
of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption
under division (D) of this section in favor of a prison
term or of
division (B) or (C) of this section in
determining
whether to
impose a prison term for the offense shall be
determined as
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the
Revised Code,
whichever is applicable regarding the
violation. (2) If an offender who was convicted of or pleaded guilty to
a felony
violates the conditions of a community
control sanction
imposed for the offense solely by
reason of producing positive
results on a drug test,
the court, as punishment for the violation
of the sanction, shall not order
that the offender be imprisoned
unless the court
determines on the record either of the following: (a) The offender had been ordered as a sanction for the
felony to
participate in a drug treatment program, in a drug
education program,
or in narcotics anonymous or a
similar program,
and the offender continued to use illegal drugs after a
reasonable
period of participation in the program. (b) The imprisonment of the offender for the violation is
consistent with the
purposes and principles of sentencing set
forth in section 2929.11 of the
Revised Code. (F) Notwithstanding divisions (A) to
(E) of this section,
the court shall impose a prison
term or terms under sections
2929.02 to 2929.06, section 2929.14, section 2929.142, or section
2971.03 of the
Revised Code and except as specifically provided in
section
2929.20 or 2967.191 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised
Code shall not reduce the term or terms pursuant to section 2929.20,
section
2967.193, or any other provision of
Chapter 2967. or
Chapter 5120. of
the Revised Code for any of the following
offenses: (1) Aggravated murder when death is not imposed or murder; (2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape
if, had
the offender completed the rape that was
attempted, the
offender
would have been subject to a sentence of
life
imprisonment or life
imprisonment without parole for the
rape; (3) Gross sexual imposition or sexual battery, if the victim
is under
thirteen
years of age and if any of the following applies: (a) Regarding gross sexual imposition, the offender previously was
convicted of or pleaded guilty to
rape, the former offense of
felonious sexual penetration, gross sexual
imposition, or sexual
battery,
and the victim of the previous offense was under
thirteen years of age; (b) Regarding gross sexual imposition, the offense was committed on or after the effective date of this amendment August 3, 2006, and evidence other than the testimony of the victim was admitted in the case corroborating the violation.
(c) Regarding sexual battery, either of the following applies: (i) The offense was committed prior to the effective date of this amendment August 3, 2006, the offender previously was convicted of or pleaded guilty to rape, the former offense of felonious sexual penetration, or sexual battery, and the victim of the previous offense was under thirteen years of age. (ii) The offense was committed on or after the effective date of this amendment August 3, 2006. (4) A felony violation of section 2903.04, 2903.06,
2903.08,
2903.11, 2903.12, or
2903.13 of the Revised Code if the section
requires the
imposition of a prison term; (5) A first, second, or third degree felony drug
offense for
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is
applicable regarding the
violation, requires the imposition of a
mandatory prison term; (6) Any offense that is a first or second degree felony
and
that is not set forth in division (F)(1), (2), (3), or (4)
of this
section, if the offender previously was convicted of or
pleaded
guilty to aggravated murder, murder, any first or
second degree
felony, or an offense under an existing or former law
of this
state, another state, or the United States that is
or was
substantially equivalent to one of those offenses; (7) Any offense that is a third degree felony and
either is a violation of section 2903.04 of the Revised Code or an attempt to commit a felony of the second degree that is an offense of violence and involved an attempt to cause serious physical harm to a person or that resulted in serious physical harm to a person if the offender previously was
convicted of or pleaded guilty to
any of the following offenses: (a) Aggravated murder, murder, involuntary manslaughter, rape, felonious sexual penetration as it existed under section 2907.12 of the Revised Code prior to September 3, 1996, a felony of the first or second degree that resulted in the death of a person or in physical harm to a person, or complicity in or an attempt to commit any of those offenses; (b) An offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to an offense listed in division (F)(7)(a) of this section that resulted in the death of a person or in physical harm to a person. (8) Any offense, other than a violation of section 2923.12
of the Revised
Code, that is a felony, if the offender had a
firearm on or about the offender's person or under the offender's
control
while committing the felony, with respect to a portion of
the
sentence imposed pursuant to division (D)(1)(a) of
section
2929.14 of the Revised Code for having the firearm; (9) Any offense of violence that is a felony, if the
offender wore or carried body armor while committing the felony
offense of violence, with respect to the portion of the sentence
imposed pursuant to division (D)(1)(d) of section 2929.14 of the
Revised Code for wearing or carrying the body armor; (10) Corrupt activity in violation of section 2923.32 of
the
Revised Code when the most serious offense in
the pattern of
corrupt activity that is the basis of the offense
is a felony of
the first degree; (11) Any violent sex offense or designated homicide, assault, or kidnapping offense if, in relation to that offense, the offender
is adjudicated a sexually violent
predator; (12) A violation of division (A)(1) or (2) of section
2921.36 of the Revised
Code, or a violation of division (C) of
that section involving an item listed
in division (A)(1) or (2) of
that section, if the offender is an officer or
employee of the
department of rehabilitation and correction;
(13) A violation of division (A)(1) or (2) of section 2903.06 of the Revised Code if the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, with respect to the portion of the sentence imposed pursuant to division (D)(5) of section 2929.14 of the Revised Code;
(14) A violation of division (A)(1) or (2) of section 2903.06 of the Revised Code if the offender has been convicted of or pleaded guilty to three or more violations of division (A) or (B) of section 4511.19 of the Revised Code or an equivalent offense, as defined in section 2941.1415 of the Revised Code, or three or more violations of any combination of those divisions and offenses, with respect to the portion of the sentence imposed pursuant to division (D)(6) of section 2929.14 of the Revised Code. (G) Notwithstanding divisions (A) to (E) of
this section, if
an offender is being sentenced for a fourth degree felony
OVI
offense or for a third degree felony OVI offense, the
court shall
impose upon the offender a mandatory
term of local incarceration
or a mandatory prison term in accordance with the
following: (1) If the offender is being sentenced for a fourth degree
felony
OVI offense and if the offender has not been convicted of and has not pleaded guilty to a specification of the type described in section 2941.1413 of the Revised Code, the court may impose upon the offender a
mandatory term
of local incarceration
of sixty days or one hundred
twenty days as specified
in division (G)(1)(d) of section 4511.19
of
the Revised Code. The court
shall
not reduce the term pursuant
to
section 2929.20, 2967.193, or any
other provision of the
Revised
Code. The court that imposes a
mandatory term of local
incarceration
under this division shall
specify whether the term
is to be served in a
jail, a
community-based correctional
facility, a halfway house, or an
alternative residential facility,
and the
offender shall serve the
term in the type of facility
specified
by the court. A mandatory
term of local incarceration
imposed
under division (G)(1) of this
section is not subject to
extension
under section 2967.11 of the
Revised Code, to a period
of post-release control
under section
2967.28 of the Revised Code,
or to any other Revised Code
provision that pertains to a prison
term except as provided in division (A)(1) of this section. (2) If the offender is being sentenced for a third
degree
felony OVI offense,
or if the offender is being sentenced for a
fourth degree felony OVI
offense and the court does not impose a
mandatory term of local incarceration
under division (G)(1) of
this section, the court shall impose upon the
offender a mandatory prison term of one, two, three, four, or five years if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or shall impose upon the offender a mandatory
prison term of sixty days or one hundred twenty days as specified
in division (G)(1)(d) or (e)
of
section 4511.19 of the Revised Code if the offender has not been convicted of and has not pleaded guilty to a specification of that type. The
court shall not reduce the term pursuant
to section
2929.20,
2967.193, or any other provision of the Revised Code. The offender shall serve the one-, two-, three-, four-, or five-year mandatory prison term consecutively to and prior to the prison term imposed for the underlying offense and consecutively to any other mandatory prison term imposed in relation to the offense. In
no case
shall an offender who once has been sentenced to a
mandatory term
of local incarceration pursuant to division (G)(1)
of this section
for a
fourth degree felony OVI offense be
sentenced to another
mandatory
term of local incarceration under
that division for any
violation of division
(A) of section 4511.19
of the Revised Code.
In addition to the mandatory prison term described in division (G)(2) of this section, the court may sentence the
offender to
a
community control
sanction under section 2929.16 or 2929.17 of
the Revised
Code, but the offender shall serve the prison term prior to serving the community control sanction.
The department of rehabilitation and correction
may place an
offender
sentenced to a mandatory prison term under
this division
in an intensive
program prison established pursuant
to section
5120.033 of the Revised
Code if the department gave the
sentencing
judge prior notice of its intent to
place the offender
in an
intensive program prison established under that
section and
if the
judge did not notify the department that the judge
disapproved the
placement. Upon the establishment of the initial
intensive
program prison pursuant to section 5120.033 of the
Revised Code
that is privately operated
and managed by a
contractor pursuant to
a contract entered into under section
9.06
of the Revised Code,
both of the following apply: (a) The department of rehabilitation and correction shall
make a
reasonable effort to ensure that a sufficient number of
offenders sentenced to
a mandatory prison term under this division
are placed in the privately
operated and managed prison so that
the privately operated and managed prison
has full occupancy. (b) Unless the privately operated and managed prison has
full
occupancy, the department of rehabilitation and correction
shall not place any
offender sentenced to a mandatory prison term
under this division in any
intensive program prison established
pursuant
to section 5120.033 of the Revised Code other
than the
privately operated and managed prison. (H) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, the judge
shall
require the offender to submit to a
DNA specimen collection
procedure pursuant to section 2901.07 of the
Revised Code
if
either of the following applies: (1) The offense was a 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. (2) The judge imposing sentence for the sexually oriented
offense
determines pursuant to division (B) of section 2950.09 of
the Revised
Code that the offender is a sexual predator. (I) If an offender is being sentenced
for a sexually
oriented offense that is not a registration-exempt sexually oriented offense or for a child-victim oriented offense committed on or after January 1,
1997, the judge
shall
include in the sentence a summary of the
offender's duties imposed under sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code and the
duration of the duties. The
judge shall inform the offender, at the
time of sentencing, of
those duties and of their duration and, if required
under division
(A)(2) of section 2950.03 of
the Revised Code, shall perform the
duties specified in that
section. (J)(1) Except as
provided in division (J)(2) of
this
section, when considering sentencing factors under this
section in
relation to an offender who is convicted of or pleads
guilty to an
attempt to commit an offense in violation of
section 2923.02 of
the Revised Code, the sentencing court
shall consider the factors
applicable to the felony category of
the violation of section
2923.02 of the Revised
Code instead of the factors
applicable to
the felony category of the offense
attempted. (2) When considering sentencing factors under this
section
in relation to an offender who is convicted of or pleads
guilty to
an attempt to commit a drug abuse offense for which
the penalty is
determined by the amount or number of unit doses
of the controlled
substance involved in the drug abuse offense,
the sentencing court
shall consider the factors applicable to
the felony category that
the drug abuse offense attempted would
be if that drug abuse
offense had been committed and had
involved an amount or number of
unit doses of the controlled
substance that is within the next
lower range of controlled substance amounts
than was involved in
the attempt. (K) As used in this section, "drug abuse offense" has the
same meaning as in
section 2925.01 of the Revised Code. (L) At the time of sentencing an offender who is a sexual predator for any sexually oriented offense, if the offender does not serve a prison term or jail term, the court may require that the offender be monitored by means of a global positioning device. If the court requires such monitoring, the cost of monitoring shall be borne by the offender. If the offender is indigent, the cost of compliance shall be paid by the crime victims reparations fund. Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G), or (L) 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), or (L) of this section, in section 2907.02 or 2907.05
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) or (L) 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 division (D)(2)(b) of this section does not apply, the
court
may impose on an offender, in addition to the longest prison term
authorized or required for the offense, an additional definite prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the following criteria are met: (i) The offender 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. (ii) The offense of which the offender currently is convicted or to which the offender currently pleads guilty is aggravated murder and the court does not impose a sentence of death or life imprisonment without parole, murder, terrorism and the court does not impose a sentence of life imprisonment without parole, any felony of the first degree that is an offense of violence and the court does not impose a sentence of life imprisonment without parole, or any felony of the second degree that is an offense of violence and the trier of fact finds that the offense involved an attempt to cause or a threat to cause serious physical harm to a person or resulted in serious physical harm to a person. (iii) The court imposes the longest prison term for the offense that is not life imprisonment without parole. (iv) The court finds that the prison terms imposed pursuant to division (D)(2)(a)(iii) of this section and, if applicable, division (D)(1) or (3) of this section 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. (v) The court finds that the prison terms imposed pursuant to division (D)(2)(a)(iii) of this section and, if applicable, division (D)(1) or (3) of this section 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. (b) The court shall impose on an offender the longest prison term authorized or required for the offense and shall impose on the offender an additional definite prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the following criteria are met: (i) The offender 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.
(ii) The offender within the preceding twenty years has been convicted of or pleaded guilty to three or more offenses described in division (DD)(1) of section 2929.01 of the Revised Code, including all offenses described in that division of which the offender is convicted or to which the offender pleads guilty in the current prosecution and all offenses described in that division of which the offender previously has been convicted or to which the offender previously pleaded guilty, whether prosecuted together or separately. (iii) The offense or offenses of which the offender currently is convicted or to which the offender currently pleads guilty is aggravated murder and the court does not impose a sentence of death or life imprisonment without parole, murder, terrorism and the court does not impose a sentence of life imprisonment without parole, any felony of the first degree that is an offense of violence and the court does not impose a sentence of life imprisonment without parole, or any felony of the second degree that is an offense of violence and the trier of fact finds that the offense involved an attempt to cause or a threat to cause serious physical harm to a person or resulted in serious physical harm to a person. (c) For purposes of division (D)(2)(b) of this section, two or more offenses committed at the same time or as part of the same act or event shall be considered one offense, and that one offense shall be the offense with the greatest penalty. (d) A sentence imposed under division (D)(2)(a) or (b) of this section shall not be reduced pursuant to section 2929.20 or section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. The offender shall serve an additional prison term imposed under this section consecutively to and prior to the prison term imposed for the underlying offense. (e) When imposing a sentence pursuant to division (D)(2)(a) or (b) of this section, the court shall state its findings explaining the imposed sentence. (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)(a)(iv) and (v) 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 or section 2929.142 of the Revised Code. 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 or section 2929.142 of the Revised Code. (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 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 July 11, 2006, 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 July 11, 2006, 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
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 July 11, 2006, 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 2929.142 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. (L) If a person is convicted of or pleads guilty to aggravated vehicular homicide in violation of division (A)(1) of section 2903.06 of the Revised Code and division (B)(2)(c) of that section applies, the person shall be sentenced pursuant to section 2929.142 of the Revised Code.
Sec. 2929.142. Notwithstanding the definite prison term specified in division (A) of section 2929.14 of the Revised Code for a felony of the first degree, if an offender is convicted of or pleads guilty to aggravated vehicular homicide in violation of division (A)(1) of section 2903.06 of the Revised Code, the court shall impose upon the offender a mandatory prison term of ten, eleven, twelve, thirteen, fourteen, or fifteen years if any of the following apply:
(A) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(B) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(C) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(D) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(1) of section 2903.06 of the Revised Code.
(E) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(1) of section 2903.08 of the Revised Code.
(F) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 2903.04 of the Revised Code in circumstances in which division (D) of that section applied regarding the violations. (G) The offender previously has been convicted of or pleaded guilty to three or more violations of any combination of the offenses listed in division (A), (B), (C), (D), (E), or (F) of this section.
(H) The offender previously has been convicted of or pleaded guilty to a second or subsequent felony violation of division (A) of section 4511.19 of the Revised Code.
Sec. 2929.18. (A) Except as otherwise provided in this
division and in addition to imposing court costs pursuant to
section 2947.23
of the Revised Code, the court imposing a sentence
upon an offender for a
felony may sentence the offender to any
financial sanction or combination of
financial
sanctions
authorized under this section or, in the circumstances specified
in section
2929.32 of the Revised Code, may impose upon
the
offender a fine in accordance with that section.
Financial
sanctions
that may be imposed pursuant to this section
include,
but are
not limited to, the following: (1) Restitution by the offender to the victim of the
offender's crime or any survivor of the victim, in an amount
based
on the victim's economic loss. If the court imposes restitution, the court shall order that the
restitution be made
to the victim in open court, to the adult
probation department that serves
the county
on behalf of the
victim, to the clerk of courts, or to
another agency
designated by
the court. If the court imposes restitution, at sentencing, the court shall determine
the
amount of
restitution to be made by the offender.
If the court imposes restitution, the court may
base the amount of restitution it orders on an amount recommended
by the victim, the offender, a presentence investigation report,
estimates or receipts indicating the cost of repairing or
replacing property, and other information, provided that the amount the court orders as restitution shall not exceed the amount of the economic loss suffered by the victim as a direct and proximate result of the commission of the offense. If the court decides to impose restitution, the court shall hold a
hearing on restitution if the offender, victim, or survivor
disputes the amount. All
restitution payments
shall be credited
against any recovery of
economic loss in a
civil action brought by
the victim or any
survivor of the victim
against the offender. If the court imposes restitution, the court may order that the offender pay a surcharge of not
more than five per cent of the amount of the restitution otherwise
ordered to the entity responsible for collecting and processing
restitution payments. The victim or survivor may request that the prosecutor in the case file a motion, or the offender may file a motion, for
modification of the payment terms of any restitution ordered. If
the court grants the motion, it may modify the payment terms as it
determines appropriate. (2) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision, or as described in division (B)(2)
of this
section to one or more law enforcement agencies, with the
amount
of the fine based on a standard percentage of the
offender's daily
income over a period of time determined by the
court and based
upon the seriousness of the offense. A fine
ordered under this
division shall not exceed the
maximum conventional fine
amount authorized for
the level of the offense under division
(A)(3) of this section. (3) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision when appropriate for a felony, or as
described in division (B)(2) of this section to one or
more law
enforcement agencies, in the following amount: (a) For a felony of the first degree, not more
than twenty
thousand dollars; (b) For a felony of the second degree, not more
than fifteen
thousand dollars; (c) For a felony of the third degree, not more
than ten
thousand dollars; (d) For a felony of the fourth degree, not more
than five
thousand dollars; (e) For a felony of the fifth degree, not more
than two
thousand five hundred dollars. (4)
A state fine or costs as defined in section 2949.111 of
the Revised Code. (5)(a)
Reimbursement by the
offender of any or
all of the
costs of
sanctions incurred by the government,
including the
following: (i) All or part of the costs of implementing
any community
control sanction, including a supervision fee under section
2951.021 of the Revised Code; (ii) All or part of the costs of confinement
under a
sanction imposed pursuant to section 2929.14, 2929.142, or 2929.16
of the
Revised Code, provided that the amount of
reimbursement ordered
under this division shall not exceed
the total amount of
reimbursement the
offender is able to pay as determined at a
hearing and shall not exceed the
actual cost of the confinement. (b) If the offender is sentenced to a sanction of
confinement pursuant to
section 2929.14 or 2929.16 of the Revised
Code that is to be served in a facility
operated by a board of
county commissioners, a legislative authority of a
municipal
corporation, or another local governmental entity,
if, pursuant to
section 307.93, 341.14, 341.19,
341.23,
753.02, 753.04, 753.16,
2301.56, or 2947.19 of the Revised
Code
and section 2929.37 of the
Revised Code,
the
board,
legislative
authority, or other local
governmental
entity requires
prisoners
to
reimburse
the county, municipal
corporation,
or other entity
for
its expenses incurred
by reason
of the
prisoner's confinement,
and if the
court
does not impose a
financial
sanction under
division (A)(5)(a)(ii)
of this
section,
confinement
costs may be
assessed pursuant to section
2929.37 of
the Revised Code. In
addition, the offender may be
required to pay
the fees specified
in section 2929.38 of the
Revised Code in
accordance with that
section.
(c) Reimbursement by the offender for costs
pursuant to
section
2929.71 of the Revised Code. (B)(1) For a first, second, or third degree
felony violation
of any provision of Chapter 2925.,
3719., or 4729. of the Revised
Code, the
sentencing court shall impose upon the offender a
mandatory fine
of at least one-half of, but not more than, the
maximum statutory
fine amount authorized for the level of the
offense pursuant to
division (A)(3) of this section. If an
offender alleges in an affidavit filed
with the court prior
to
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an
indigent person and is unable to pay the mandatory fine described
in this
division, the court shall not impose the mandatory fine
upon the offender. (2) Any mandatory fine imposed upon an offender under
division (B)(1) of this section and any fine imposed upon
an
offender under division (A)(2) or (3) of this section
for any
fourth or fifth degree felony violation of any provision
of
Chapter 2925., 3719., or 4729. of the Revised
Code shall be paid
to law enforcement agencies pursuant
to division (F) of section
2925.03 of the Revised
Code. (3) For a fourth degree felony
OVI
offense and for a third
degree felony OVI offense, the sentencing
court shall impose upon
the offender a mandatory fine
in the amount specified in division
(G)(1)(d) or (e) of section 4511.19
of the Revised
Code, whichever
is applicable. The
mandatory fine
so imposed shall be
disbursed
as provided in
the division pursuant to which it is imposed. (4) Notwithstanding any fine
otherwise authorized or
required to be imposed under division
(A)(2) or (3) or (B)(1) of
this section or section 2929.31
of the Revised Code for a
violation of section 2925.03 of the Revised Code, in
addition to
any
penalty or sanction imposed for that offense under section
2925.03 or sections 2929.11 to 2929.18 of the
Revised Code and in
addition to the
forfeiture of property in connection with the
offense as
prescribed in sections 2925.42 to 2925.45 of the
Revised Code, the court that sentences
an offender for a violation
of section 2925.03 of
the Revised Code may impose upon the
offender a fine in addition to any fine imposed under division
(A)(2) or (3) of this section
and in addition to any mandatory
fine imposed under division
(B)(1) of this section. The fine
imposed under division
(B)(4) of this section shall be used as
provided in division
(H) of section 2925.03 of the Revised Code.
A
fine
imposed under division (B)(4) of this section shall not
exceed
whichever of the following is applicable: (a) The total value of any personal
or real property in
which the offender has an interest and that
was used in the course
of, intended for use in the course of,
derived from, or realized
through conduct in violation of
section 2925.03 of the Revised
Code, including any
property that constitutes proceeds derived
from that offense; (b) If the offender has no interest
in any property of the
type described in division
(B)(4)(a) of this section or if it is
not possible to
ascertain whether
the offender has an interest in
any property of that type in
which the offender may have an
interest, the amount of the
mandatory fine for the offense imposed
under division
(B)(1) of this section or, if no mandatory fine is
imposed under
division (B)(1) of this section, the amount of the
fine authorized
for the level of the offense
imposed under
division (A)(3) of this section. (5) Prior to imposing a fine under division
(B)(4) of this
section, the
court shall determine whether the offender has an
interest in
any property of the type described in division
(B)(4)(a) of this section. Except as provided in
division (B)(6)
or (7) of this section,
a fine that is authorized and imposed
under division
(B)(4) of this section does not
limit or affect the
imposition of the penalties and sanctions
for a violation of
section 2925.03 of the Revised Code
prescribed under
those
sections
or sections 2929.11 to 2929.18 of the
Revised Code and
does not limit or
affect a forfeiture of property in connection
with the offense
as prescribed in sections 2925.42 to 2925.45 of
the
Revised Code. (6) If the sum total of a mandatory fine amount imposed
for
a first, second, or third degree felony violation of section
2925.03
of the Revised Code under division
(B)(1) of this section
plus the
amount of any fine imposed under division
(B)(4) of this
section does not
exceed the maximum statutory fine amount
authorized for the
level of the offense under division (A)(3) of
this section or
section 2929.31 of the Revised Code, the court may
impose a
fine for the offense in addition to the mandatory fine
and the
fine imposed under division (B)(4) of this section. The
sum total of the amounts of the mandatory fine, the fine imposed
under division (B)(4) of this
section, and the additional fine
imposed under division
(B)(6) of this section shall
not exceed the
maximum statutory fine amount authorized for the
level of the
offense under division (A)(3) of this section or
section 2929.31
of the Revised Code. The clerk of the court
shall pay any fine
that is imposed under division
(B)(6) of this section to the
county, township, municipal
corporation, park district as
created
pursuant to section 511.18 or 1545.04 of the
Revised Code, or
state law enforcement
agencies in this state that primarily were
responsible for or
involved in making the arrest of, and in
prosecuting, the
offender pursuant to division (F) of section
2925.03 of the
Revised Code. (7) If the sum total of the amount of a mandatory fine
imposed for a first, second, or third degree felony violation of
section 2925.03 of the Revised Code plus the amount of any
fine
imposed under division (B)(4) of this section exceeds
the maximum
statutory fine amount authorized for the level of
the offense
under division (A)(3) of this section or
section 2929.31 of the
Revised Code, the court shall not
impose a fine under division
(B)(6) of this section. (C)(1) The offender shall pay reimbursements
imposed upon
the offender pursuant to division
(A)(5)(a) of this
section to
pay
the costs incurred by the department of rehabilitation and
correction in operating a
prison or other facility used to confine
offenders pursuant to sanctions
imposed under section 2929.14, 2929.142, or
2929.16 of the Revised
Code to the treasurer of state. The
treasurer of state
shall deposit the reimbursements in the
confinement cost
reimbursement fund that is hereby created in the
state
treasury. The department of rehabilitation and correction
shall
use the amounts deposited in the fund to fund the operation
of
facilities used to confine offenders pursuant to sections
2929.14, 2929.142,
and 2929.16 of the Revised Code. (2) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed upon the
offender pursuant to division
(A)(5)(a) of this
section to pay
the
costs incurred by a county pursuant to any
sanction imposed
under
this section or section 2929.16 or 2929.17
of the Revised
Code or
in operating a facility
used to confine offenders pursuant
to a
sanction imposed under
section 2929.16 of the Revised Code to
the
county
treasurer. The county treasurer shall deposit the
reimbursements in the sanction cost reimbursement fund that each
board of county commissioners shall create in its county
treasury.
The county shall use the amounts deposited in the fund
to pay the
costs incurred by the county pursuant to any sanction
imposed
under this section or section 2929.16 or 2929.17 of the
Revised
Code or in operating a facility used to
confine offenders pursuant
to a sanction imposed under section
2929.16 of the Revised Code. (3) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed upon the
offender pursuant to division
(A)(5)(a) of this
section to pay
the
costs incurred by a municipal corporation
pursuant to any
sanction
imposed under this section or section
2929.16 or 2929.17
of the
Revised Code or in
operating a facility used to confine
offenders
pursuant to a
sanction imposed under section 2929.16 of
the
Revised
Code to the treasurer of the municipal
corporation.
The
treasurer shall deposit the reimbursements
in a special fund
that
shall be established in the
treasury of each municipal
corporation. The municipal
corporation shall use the amounts
deposited in the fund to pay
the costs incurred by the municipal
corporation pursuant to any
sanction imposed under this section or
section 2929.16 or 2929.17
of the Revised Code or in operating a
facility
used to confine offenders pursuant to a sanction imposed
under
section 2929.16 of the Revised Code. (4) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed pursuant to
division
(A)(5)(a) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section
or section
2929.16 or 2929.17 of the Revised Code to the provider. (D)
Except as otherwise provided in this division, a
financial sanction imposed pursuant to division (A) or
(B) of this
section is a judgment in favor of the state or a
political
subdivision in which the court that imposed the
financial
sanction
is located, and the offender subject to the financial sanction is the judgment debtor. A financial sanction of
reimbursement
imposed pursuant to division
(A)(5)(a)(ii) of this
section upon
an
offender who is incarcerated in a state facility
or a municipal
jail is a judgment in favor of the state or the
municipal
corporation, and the offender subject to the financial sanction is the judgment debtor. A financial sanction of reimbursement
imposed
upon an
offender pursuant to this section for costs
incurred by a
private provider of
sanctions is a judgment in favor
of the
private provider, and the offender subject to the financial sanction is the judgment debtor. A
financial sanction of restitution
imposed
pursuant to this section is an order in favor of the
victim of
the offender's criminal act that can be collected through execution as described in division (D)(1) of this section or through an order as described in division (D)(2) of this section, and the offender shall be considered for purposes of the collection as the judgment debtor. Imposition of a financial
sanction and execution on the
judgment does not preclude any other
power of the court to impose or enforce
sanctions on the offender.
Once the financial sanction is
imposed as a judgment or order under this division, the victim,
private provider, state, or
political subdivision may bring an
action to do any of the following: (1) Obtain execution of the judgment or order through any
available
procedure, including: (a) An execution against the property of the
judgment debtor
under Chapter 2329. of the
Revised Code; (b) An execution against the person of the
judgment debtor
under Chapter 2331. of the
Revised Code; (c) A proceeding in aid of execution under
Chapter 2333. of
the Revised Code,
including: (i) A proceeding for the examination of the
judgment debtor
under sections 2333.09 to 2333.12 and sections
2333.15 to 2333.27
of the Revised Code; (ii) A proceeding for attachment of the person
of the
judgment debtor under section 2333.28 of the
Revised Code; (iii) A creditor's suit under section 2333.01
of the Revised
Code. (d) The attachment of the property of the
judgment debtor
under Chapter 2715. of the
Revised Code; (e) The garnishment of the property of the
judgment debtor
under Chapter 2716. of the Revised Code. (2) Obtain an order for the assignment of wages of the
judgment debtor under section 1321.33 of the Revised
Code. (E) A court that imposes a financial sanction upon an
offender may hold a
hearing if necessary to determine whether the
offender is able to pay the
sanction or is likely in the future to
be able to pay it. (F) Each court imposing a financial sanction
upon an
offender under this section or under section
2929.32 of
the
Revised
Code may designate
the clerk of the court
or another person to collect
the financial sanction. The
clerk or other person authorized by law or the court to collect
the financial sanction may
enter into contracts with one or more
public agencies or private
vendors for the collection of, amounts
due under the financial
sanction imposed pursuant to this
section
or section
2929.32 of
the Revised Code. Before entering
into a
contract for the
collection of
amounts due from an offender
pursuant to any
financial sanction imposed
pursuant to this
section or section
2929.32 of the Revised Code,
a court
shall comply with sections
307.86 to 307.92 of the
Revised Code. (G) If a court that imposes a financial
sanction under
division (A) or (B) of this section
finds that an offender
satisfactorily
has completed all other sanctions imposed upon the
offender and that all
restitution that has been ordered has been
paid as ordered, the
court may suspend any financial sanctions
imposed pursuant to this section
or section
2929.32 of the
Revised
Code that have not been
paid. (H) No financial sanction imposed under this
section or
section
2929.32 of the Revised Code shall preclude a
victim from
bringing a civil action against the offender.
Sec. 2929.19. (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 or section 2929.142 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 or section 2929.142 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 July 11, 2006, 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 July 11, 2006, 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 July 11, 2006, 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 July 11, 2006, 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 July 11, 2006, 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. 2945.75. (A) When the presence of one or more additional elements makes
an offense one of more serious degree: (1) The affidavit, complaint, indictment, or information either shall state
the degree of the offense which the accused is alleged to have committed, or
shall allege such additional element or elements. Otherwise, such affidavit,
complaint, indictment, or information is effective to charge only the least
degree of the offense. (2) A guilty verdict shall state either the degree of the offense of which
the offender is found guilty, or that such additional element or elements are
present. Otherwise, a guilty verdict constitutes a finding of guilty of the
least degree of the offense charged. (B)(1) Whenever in any case it is necessary to prove a prior conviction, a
certified copy of the entry of judgment in such prior conviction together with
evidence sufficient to identify the defendant named in the entry as the
offender in the case at bar, is sufficient to prove such prior conviction.
(2) Whenever in any case it is necessary to prove a prior conviction of an offense for which the registrar of motor vehicles maintains a record, a certified copy of the record that shows the name, date of birth, and social security number of the accused is prima-facie evidence of the identity of the accused and prima-facie evidence of all prior convictions shown on the record. The accused may offer evidence to rebut the prima-facie evidence of the accused's identity and the evidence of prior convictions. Proof of a prior conviction of an offense for which the registrar maintains a record may also be proved as provided in division (B)(1) of this section.
Sec. 2953.08. (A) In addition to any other
right to appeal and except as provided in division (D) of
this section, a defendant who is convicted of or pleads guilty to
a felony may appeal as a matter of right the sentence imposed
upon the defendant on one of the following grounds: (1) The sentence consisted of or included the maximum prison term allowed for
the offense by division (A) of section 2929.14 or section 2929.142 of the Revised Code, the
sentence was not
imposed pursuant to division
(D)(3)(b) of section 2929.14 of the Revised Code, the maximum prison term
was not required for the offense pursuant to Chapter 2925. or any
other provision of the Revised Code, and the court imposed
the sentence under one of the following circumstances: (a) The sentence was imposed for only one offense. (b) The sentence was imposed for two or more
offenses arising out of a single incident, and the court imposed
the maximum prison term for the offense of the highest degree. (2) The sentence consisted of or included a prison term, the offense for
which it was imposed is a felony of the fourth or fifth degree or is 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, and the court did not specify at sentencing that it found one or
more factors specified
in divisions (B)(1)(a) to (i) of
section 2929.13 of the Revised Code to apply
relative to the
defendant. If the court specifies that it found
one or more of those factors to apply relative to the defendant,
the defendant is not entitled under this division to appeal as a
matter of right the sentence imposed upon the offender. (3) The person was convicted of or pleaded guilty to a violent sex
offense or a designated homicide, assault, or kidnapping offense, was adjudicated a sexually violent predator in relation to that offense, and was
sentenced pursuant to division (A)(3) of
section 2971.03 of the Revised Code, if the minimum
term of the indefinite term imposed pursuant to division (A)(3) of
section 2971.03 of the Revised Code is the longest term available for the
offense from among
the range of terms listed in section 2929.14 of the Revised Code. As used in
this division,
"designated homicide, assault, or kidnapping offense" and "violent sex offense" have the same
meanings as in section 2971.01 of the Revised Code. As used in this division, "adjudicated a sexually violent predator" has the same meaning as in section 2929.01 of the Revised Code, and a person is "adjudicated a sexually violent predator" in the same manner and the same circumstances as are described in that section. (4) The sentence is contrary to law. (5) The sentence consisted of an additional prison term of ten years
imposed pursuant to division (D)(2)(a) of section
2929.14 of the Revised Code. (6) The sentence consisted of an additional prison term of
ten years imposed pursuant to division (D)(3)(b) of section 2929.14 of the
Revised Code. (B) In addition to any other right to appeal
and except as provided in division (D) of this section, a
prosecuting attorney, a city director of law, village solicitor, or
similar chief legal officer of a municipal corporation, or the
attorney general, if one of those persons prosecuted the case, may appeal as a
matter of right a sentence
imposed upon a defendant who is convicted of or pleads guilty to
a felony or, in the circumstances described in division (B)(3) of
this section the modification of a sentence imposed upon such a defendant, on
any of the following grounds: (1) The sentence did not include a prison
term despite a presumption favoring a prison term for the offense
for which it was imposed, as set forth in section 2929.13
or Chapter 2925. of the Revised Code. (2) The sentence is contrary to law. (3) The sentence is a modification under section 2929.20 of the Revised Code
of a sentence that was imposed for a felony of the first or second degree. (C)(1) In addition to the right to appeal a sentence
granted under division (A) or (B) of this
section, a defendant who is convicted of or pleads guilty to a
felony may seek leave to appeal a sentence imposed upon the
defendant on the basis that the sentencing judge has imposed
consecutive sentences under division (E)(3) or (4) of
section 2929.14 of the Revised Code and that the
consecutive sentences exceed the maximum prison term allowed by
division (A) of that section for the most serious offense
of which the defendant was convicted. Upon the filing of a
motion under this division, the court
of appeals may grant leave to appeal the sentence if the court
determines that the allegation included as the basis of the
motion is true. (2) A defendant may seek leave to appeal an additional sentence imposed upon the defendant pursuant to division (D)(2)(a) or (b) of section 2929.14 of the Revised Code if the additional sentence is for a definite prison term that is longer than five years. (D)(1) A sentence imposed upon a defendant is not
subject to review under this section if the sentence is
authorized by law, has been recommended jointly by the defendant
and the prosecution in the case, and is imposed by a sentencing
judge. (2) Except as provided in division (C)(2) of this section, a sentence imposed upon a defendant is not subject to review under this section if the sentence is imposed pursuant to division (D)(2)(b) of section 2929.14 of the Revised Code. Except as otherwise provided in this division, a defendant retains all rights to appeal as provided under this chapter or any other provision of the Revised Code. A defendant has the right to appeal under this chapter or any other provision of the Revised Code the court's application of division (D)(2)(c) of section 2929.14 of the Revised Code. (3) A sentence imposed for aggravated murder or murder
pursuant to sections 2929.02 to 2929.06 of the Revised
Code is not subject to review under this section. (E) A defendant, prosecuting attorney, city
director of law, village solicitor, or chief municipal legal
officer shall file an appeal of a sentence under this section to
a court of appeals within the time limits specified in
Rule 4(B) of the Rules of
Appellate Procedure, provided that if the appeal is pursuant
to division (B)(3) of this section, the time limits specified in that
rule shall not commence running until the court grants the motion that makes
the sentence modification in question. A sentence appeal under
this section shall be consolidated with any other appeal in the
case. If no other appeal is filed, the court of appeals may
review only the portions of the trial record that pertain to
sentencing. (F) On the appeal of a sentence under this
section, the record to be reviewed shall include all of the
following, as applicable: (1) Any presentence, psychiatric, or other
investigative report that was submitted to the court in writing
before the sentence was imposed. An appellate court that
reviews a presentence investigation report prepared pursuant to section
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in connection
with the appeal of a sentence under this section shall comply with division
(D)(3) of section 2951.03 of the Revised Code when the appellate court is not
using the presentence investigation report, and the appellate court's use of a
presentence investigation report of that nature in connection with the appeal
of a sentence under this section does not affect the otherwise confidential
character of the contents of that report as described in division
(D)(1) of section 2951.03 of the Revised Code and does not cause that report
to become a public record, as defined in section 149.43 of the Revised Code,
following the appellate court's use of the report. (2) The trial record in the case in which the sentence
was imposed; (3) Any oral or written statements made to or by the
court at the sentencing hearing at which the sentence was
imposed; (4) Any written findings that the court was required to
make in connection with the modification of the sentence pursuant
to a judicial release under division (H) of section
2929.20 of the Revised Code. (G)(1) If the sentencing court was required to make the findings required
by division (B) or (D) of section 2929.13, division
(D)(2)(e) or (E)(4) of section 2929.14, or division (H) of section 2929.20 of the
Revised Code relative to the imposition or modification of the sentence,
and if the sentencing court failed to state the required findings on the
record, the court hearing
an appeal under division (A), (B), or (C) of this
section shall
remand the case to the sentencing court and instruct the sentencing court
to state, on the record, the required findings. (2)
The court hearing an appeal under division (A), (B), or (C) of this section
shall review the record, including the findings underlying the
sentence or modification given by the sentencing court. The appellate court
may
increase, reduce, or otherwise modify a sentence that is appealed
under this section or may vacate the sentence and remand the
matter to the sentencing court for resentencing.
The appellate court's standard for review is not
whether
the sentencing court abused its discretion. The appellate court may
take any action authorized by this
division
if it clearly
and convincingly finds either of the following: (a) That the record does not support the
sentencing court's findings under division (B) or
(D) of section
2929.13, division (D)(2)(e) or (E)(4) of section 2929.14, or division (H)
of
section 2929.20 of the Revised Code, whichever, if any, is
relevant; (b) That the sentence is otherwise contrary to law. (H) A judgment or final order of a court of
appeals under this section may be appealed, by leave of court, to
the supreme court. (I)(1) There is hereby
established the felony sentence appeal cost oversight committee,
consisting of eight members. One member shall be the chief
justice of the supreme court or a representative of the court
designated by the chief justice, one member shall be a member of
the senate appointed by the president of the senate, one member
shall be a member of the house of representatives appointed by
the speaker of the house of representatives, one member shall be
the director of budget and management or a representative of the office of
budget and management designated
by the director, one member shall be a judge of a court of
appeals, court of common pleas, municipal court, or county court
appointed by the chief justice of the supreme court, one member
shall be the state public defender or a representative of the
office of the state public defender designated by the state
public defender, one member shall be a prosecuting attorney
appointed by the Ohio prosecuting attorneys association, and one member shall
be a county commissioner appointed by the county commissioners
association of Ohio. No more than three of the appointed members of the
committee may be members of the same political party. The president of the senate, the speaker of the house of
representatives, the chief justice of the supreme court, the
Ohio prosecuting attorneys association, and the county commissioners
association of Ohio shall make the initial
appointments to the committee of the appointed members no later
than ninety days after July 1, 1996. Of
those initial appointments to the committee, the members
appointed by the speaker of the house of representatives and the
Ohio prosecuting attorneys
association shall serve a term ending two years after July 1, 1996, the member
appointed by
the chief justice of the supreme court shall serve
a term ending three years after July 1, 1996, and the members appointed by the
president of the
senate and the county commissioners association of
Ohio shall serve terms ending
four years after July 1, 1996. Thereafter, terms of office of the appointed
members shall be
for four years, with each term ending on the same day of the
same month as did the term that it succeeds. Members may be
reappointed. Vacancies shall be filled in the same
manner provided for original appointments. A member appointed
to fill a vacancy occurring prior to the expiration of the term
for which that member's predecessor was appointed shall hold
office as a member for the remainder of the predecessor's term. An appointed
member shall continue in office subsequent to the
expiration date of that member's term until that member's
successor takes office or until a period of sixty days has
elapsed, whichever occurs first. If the chief justice of the supreme court, the director of
the office of budget and management, or the state public
defender serves as a member of the committee, that person's term
of office as a member shall continue for as long as that person
holds office as chief justice, director of the office of budget
and management, or state public defender. If the chief justice
of the supreme court designates a representative of the court to
serve as a member, the director of budget and management
designates a representative of the office of budget and
management to serve as a member, or the state public
defender designates a representative of the office of the state
public defender to serve as a member, the person so designated
shall serve as a member of the commission for as long as the
official who made the designation holds office as chief justice,
director of the office of budget and management, or state public
defender or until that official revokes the designation. The chief justice of the supreme court or the
representative of the supreme court appointed by the chief
justice shall serve as chairperson of the committee. The committee
shall meet within two weeks after all appointed members have
been appointed and shall organize as necessary. Thereafter, the
committee shall meet at least once every six months or more
often upon the call of the chairperson or the written request of
three or more members, provided that the committee shall not meet unless
moneys have been appropriated to the judiciary budget administered by the
supreme court specifically for the purpose of providing financial assistance
to counties under division (I)(2) of this section and the moneys so
appropriated then are available for that purpose. The members of the committee shall serve without
compensation, but, if moneys have been appropriated to the judiciary
budget administered by the supreme court specifically for the purpose of
providing financial assistance to counties under division (I)(2) of
this section, each member shall be reimbursed out of the moneys so
appropriated that then are available for actual and
necessary expenses incurred in the performance of official
duties as a committee member. (2) The state criminal sentencing commission periodically shall provide to
the felony sentence appeal cost oversight committee all data the commission
collects pursuant to division
(A)(5) of section 181.25 of
the Revised Code. Upon receipt of the
data from the state criminal sentencing commission, the
felony sentence appeal cost oversight committee periodically
shall review the data; determine whether any money has been
appropriated to the judiciary budget administered by the supreme court
specifically for the purpose of providing state financial assistance to
counties in accordance with this division for the increase in expenses
the counties experience as a result of the felony sentence
appeal provisions set forth in this section or as a result of a postconviction
relief proceeding brought under division (A)(2) of section 2953.21
of the Revised Code or an appeal of a judgment in that proceeding; if it
determines that any money has been so appropriated, determine the total amount
of moneys that have been so appropriated specifically for
that purpose and that then are available for that
purpose; and develop a recommended method of distributing those
moneys to the counties. The committee shall send a copy of its
recommendation to the supreme court. Upon receipt of the
committee's recommendation, the supreme court shall distribute
to the counties, based upon that recommendation, the moneys that
have been so appropriated specifically for the purpose of providing
state financial assistance to counties under this
division and that then are available for that purpose. Sec. 4503.233. (A)(1)
If a court is required to order orders the
immobilization of
a
vehicle for a specified period of time
pursuant to
section
4510.11,
4510.14,
4510.16, 4510.161,
4510.41,
4511.19,
4511.193,
or
4511.203
of the Revised Code, the court
shall issue
an the immobilization
order
in
accordance with this division and for
the
period of time
specified
in the particular
section, and
the
immobilization
under
the order shall be in accordance with this
section. The court, at
the time of sentencing the offender for
the offense relative to
which the immobilization order is issued
or as soon thereafter as
is practicable, shall give a copy of the
order to the offender or
the offender's counsel. The court
promptly shall send a copy of
the
order
to the registrar on a form
prescribed
by the registrar
and
to the
person or agency it
designates to execute the
order. The order shall indicate the date on which it is issued,
shall identify the vehicle that is subject to the order, and
shall
specify all of the following: (a) The period of the immobilization; (b) The place at which the court determines that the
immobilization shall be carried out, provided that the court
shall
not determine and shall not specify that the immobilization
is to
be carried out at any place other than a commercially
operated
private storage lot, a place owned by a law enforcement
or other
government agency, or a place to which one of the
following
applies: (i) The place is leased by or otherwise under the control
of
a law enforcement or other government agency. (ii) The place is owned by the offender, the offender's
spouse, or a parent or child of the offender. (iii) The place is owned by a private person or entity,
and,
prior to the issuance of the order, 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. (iv) The place is a public street or highway on which the
vehicle is parked in accordance with the law. (c) The person or agency designated by the court to execute
the order,
which shall be either the law enforcement agency that
employs the
law enforcement officer who seized the vehicle, a
bailiff of the court, another person the court determines to be
appropriate to execute the order, or the law enforcement agency
with jurisdiction over the place of residence of the vehicle
owner; (d) That neither the registrar nor a deputy registrar will
be permitted to
accept an application for the license plate
registration of any motor vehicle
in the name of the vehicle owner
until the immobilization fee is paid. (2) The person or agency the court designates to
immobilize
the vehicle shall seize or retain that vehicle's
license plates
and forward them to the bureau of motor vehicles. (3) In all cases, the
offender
shall be
assessed
an
immobilization fee of one hundred dollars, and the
immobilization
fee shall be paid to the registrar before
the
vehicle may be
released to the
offender.
Neither the
registrar
nor a deputy
registrar shall accept an application for
the registration of any
motor vehicle in the name of the
offender until
the
immobilization fee is
paid. (4) If the vehicle subject to the order is
immobilized
pursuant to the order and is found being operated
upon any street
or highway in this state during the
immobilization period, it
shall be seized, removed from the street
or highway, and
criminally forfeited and disposed of
pursuant to section 4503.234
of the Revised Code. (5) The registrar shall deposit the immobilization fee
into
the law
enforcement reimbursement fund created by section
4501.19
of the Revised
Code. Money in the fund shall be expended
only as
provided in division
(A)(5) of this section. If the
court
designated in the
order a court bailiff or another
appropriate
person other than a
law enforcement officer to
immobilize the
vehicle, the amount of the
fee deposited into the
law enforcement
reimbursement fund shall
be paid out to the county
treasury if the
court that issued the order
is a county court, to
the treasury of
the municipal corporation
served by the court if
the court that
issued the order is a
mayor's court, or to the city
treasury of
the legislative
authority of the court, both as
defined in section
1901.03 of the
Revised Code, if the court that
issued the order is
a municipal
court. If the court designated a
law enforcement
agency to
immobilize the vehicle and if the law
enforcement agency
immobilizes the
vehicle, the amount of the fee
deposited into the
law enforcement
reimbursement fund shall be
paid out to the law
enforcement agency
to reimburse the agency for
the costs it incurs
in
obtaining immobilization equipment and, if
required, in sending
an officer or other person to search for and
locate the vehicle
specified in the immobilization order and to
immobilize the
vehicle. In addition to the immobilization fee required to be paid
under division (A)(3) of this section, the
offender
may be
charged expenses or charges incurred in the
removal and storage of
the
immobilized vehicle. (B) If a court issues an immobilization
order under division
(A)(1) of this section, the person or
agency designated by the
court to execute the immobilization order
promptly shall
immobilize or continue the immobilization of the
vehicle at the
place specified by the court in the order. The registrar shall
not authorize the release of the vehicle or authorize the issuance
of new
identification license plates for the vehicle at the
end of
the immobilization period until the immobilization
fee has been
paid. (C) Upon receipt of the license plates for a vehicle under
this section, the
registrar shall destroy the license plates. At
the end
of the immobilization period and upon the payment of the
immobilization fee
that must be paid under this section, the
registrar shall authorize the
release of the vehicle
and authorize
the issuance, upon the payment of the same fee as
is required for
the replacement of lost, mutilated, or destroyed
license plates
and certificates of registration,
of new license plates and, if
necessary, a new
certificate of registration to the
offender for
the vehicle
in question.
(D)(1) If a court issues an immobilization order under
division (A) of this
section, the immobilization period
commences
on the day on which the vehicle in question is
immobilized. If
the
vehicle in question had been seized under section
4510.41
or
4511.195 of the Revised Code, the time between the
seizure and the
beginning of the immobilization period shall be
credited
against
the immobilization period
specified in the
immobilization order
issued under
division (A) of this section.
No
vehicle that is
immobilized
under this section is
eligible to have
restricted
license plates
under section 4503.231 of the Revised Code issued
for
that vehicle. (2) If a court issues an immobilization order under division
(A) of this
section, if the vehicle
subject to the order is
immobilized under the order, and if the
vehicle is found being
operated upon any street or highway of
this state during the
immobilization period, it
shall be seized, removed from the street
or highway, and criminally
forfeited, and disposed of pursuant to
section
4503.234 of the Revised Code. No vehicle that is
forfeited under
this provision shall be considered contraband for
purposes of
section 2933.41, 2933.42, or 2933.43 of the Revised
Code, but
shall be held by the law enforcement agency that employs
the
officer who seized it for disposal in accordance with section
4503.234 of the Revised Code. (3) If a court issues an immobilization order under division
(A) of this
section, and if the vehicle is not
claimed within
seven days after the end of the period of
immobilization or if the
offender has not paid the
immobilization fee, the
person or agency
that immobilized
the vehicle shall send a written
notice to the
offender at the
offender's last
known address informing
the
offender
of the date on which the period of
immobilization
ended,
that the
offender has twenty days
after the date of the
notice
to
pay the immobilization fee and
obtain the release of the
vehicle,
and that if
the
offender does not pay the
fee and obtain the
release of the vehicle within that twenty-day
period, the vehicle
will be forfeited under section 4503.234 of
the Revised
Code to
the entity that is entitled to the
immobilization fee. (4) An
offender whose motor vehicle
is
subject to an
immobilization order issued under division (A)
of
this section
shall not sell the motor vehicle without approval
of
the court
that issued the order. If such an
offender wishes
to sell the
motor vehicle during the
immobilization
period, the
offender
shall apply to the court that
issued the
immobilization order for
permission to assign the title to the
vehicle. If the court
is
satisfied that the sale will be in good
faith and not for the
purpose of
circumventing the provisions of
division (A)(1) of this
section, it may certify its consent to
the
offender and to
the
registrar. Upon
receipt of the
court's consent, the registrar
shall enter the court's notice
in
the
offender's vehicle license
plate registration
record. If, during a period of immobilization under an immobilization
order issued
under division (A) of this section, the title to the
immobilized motor
vehicle is transferred by the foreclosure of a
chattel mortgage, a sale upon execution, the cancellation of a
conditional sales contract, or an order of a court, the involved
court shall notify the registrar of the
action, and the registrar
shall enter the court's notice in the
offender's
vehicle
license
plate registration record. Nothing in this section shall be construed as requiring the
registrar or the
clerk of the court of common pleas to note upon
the certificate of title
records any prohibition regarding the
sale of a motor vehicle. (5) If the title to a motor vehicle that is subject to an
immobilization order under division (A) of this
section is
assigned or transferred without court approval between
the time of
arrest of the
offender who committed the offense for which such
an
order is to
be issued
and the time of the actual immobilization
of the
vehicle, the court
shall order that, for a period of two
years
from the date of the
order, neither the registrar nor any
deputy
registrar shall
accept an application for the registration
of any
motor vehicle
in the name of the
offender whose
vehicle
was assigned or
transferred without court approval.
The court
shall notify the
registrar of the order on a form
prescribed by
the registrar for
that purpose. (6) If the title to a motor vehicle that is subject to an immobilization order under division (A) of this section is assigned or transferred without court approval in violation of division (D)(4) of this section, then, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealers association. The proceeds from any fine so imposed shall be distributed in the same manner as the proceeds of the sale of a forfeited vehicle are distributed pursuant to division (C)(2) of section 4503.234 of the Revised Code. (E)(1) 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
offender
fails
to
appear in person, without good cause, or if the court
finds
that
the
offender does not intend to seek
release
of the
vehicle at
the end of the period of immobilization
or that the
offender 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
entity entitled to the
immobilization fee under
division (A)(5) of
this section, next
into the name of a
lienholder, or lastly, into
the name of the
owner of the place of
storage. A 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 entity that
receives
title to the vehicle is the entity that is entitled to the
immobilization fee under division (A)(5) of this section,
it
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 may either 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 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 (E)(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
if
they have not already been sent to the registrar. Thereafter,
no further
proceedings shall take place under this section, but
the
offender remains liable for payment of the
immobilization fee
described in division (A)(3) of this section
if an
immobilization
order previously had been issued by the
court. (3) Prior to initiating a proceeding under division (E)(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 vehicle owner, the defendant, 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. As used in this section, "interested party" includes the
offender, all lienholders,
the owner
of the
place of storage, the
person or entity that caused the
vehicle to
be removed, and the
person or entity, if any, entitled
to the
immobilization fee under
division (A)(5) of this
section.
Sec. 4503.234. (A) If a court is required by orders the criminal forfeiture of a vehicle pursuant to section
4503.233, 4503.236,
4510.11, 4510.14, 4510.16, 4510.161, 4510.41, 4511.19,
4511.193,
or
4511.203 of the Revised Code to order the
criminal
forfeiture of a
vehicle, the order shall be
issued and
enforced in
accordance with
this division, subject to
division
(B) of this
section.
An
order
of criminal forfeiture issued under this
division
shall
authorize
an appropriate law enforcement agency to
seize
the
vehicle ordered
criminally forfeited upon the terms and
conditions
that the
court
determines proper. No vehicle ordered
criminally
forfeited
pursuant to this division shall be considered
contraband
for
purposes of section 2933.41, 2933.42, or 2933.43 of
the
Revised
Code, but
the law enforcement agency that
employs
the
officer who
seized it
shall hold the vehicle for
disposal in
accordance with
this
section. A forfeiture order may
be
issued
only after the
offender has been provided
with an opportunity to
be heard. The
prosecuting attorney shall
give the
offender
written
notice of
the possibility
of forfeiture by sending a copy
of the relevant
uniform traffic
ticket or other written notice to
the
offender
not
less
than seven days prior to the date of
issuance of the
forfeiture order. A
vehicle is subject to
an
order of criminal
forfeiture pursuant to this division upon
the
conviction of the
offender
of or plea of guilty by the offender to
a violation of
division (A) of section 4503.236,
section
4510.11, 4510.14,
4510.16,
or
4511.203, or division (A) of section
4511.19
of the
Revised Code,
or a municipal
ordinance that is
substantially
equivalent to
any of those sections or
divisions. (B)(1) Prior to the issuance of an order of criminal
forfeiture pursuant to
this section, the law
enforcement agency
that employs the law enforcement officer who
seized the vehicle
shall
conduct or cause to be conducted a search
of the
appropriate
public records that relate to the vehicle and
shall
make or cause
to be made reasonably diligent inquiries to
identify any
lienholder or
any person or entity with an ownership
interest in
the
vehicle. The court that is to issue the
forfeiture
order also
shall cause a notice of the potential
order
relative to the
vehicle and of the expected
manner of disposition
of the vehicle
after its forfeiture to be
sent to any lienholder
or person who is
known to
the court to have any right, title, or
interest in the
vehicle. The court shall give the notice
by
certified mail,
return receipt requested, or by personal service. (2) No order of criminal
forfeiture shall be issued pursuant
to
this section if
a lienholder or other person
with an ownership
interest in the
vehicle establishes to the
court, by a
preponderance of the evidence
after filing a motion
with the
court,
that the lienholder or other
person neither
knew nor
should
have known after a reasonable
inquiry that the
vehicle
would be used or involved,
or likely
would be used
or
involved, in
the violation resulting in the issuance of the
order
of criminal
forfeiture or the violation of the order of
immobilization issued
under section 4503.233 of
the Revised Code,
that the lienholder or
other
person did not
expressly or
impliedly consent
to the use or
involvement of the vehicle in that
violation, and that the
lien or
ownership interest was
perfected
pursuant
to law prior to the
seizure of the vehicle under section
4503.236,
4510.41, 4511.195,
or
4511.203 of the
Revised
Code. If the lienholder or holder of
the
ownership
interest satisfies the court that these
criteria
have been met,
the court shall preserve
the lienholder's or other
person's lien or
interest, and the court either shall return the
vehicle to the holder,
or shall order that the
proceeds of any
sale
held
pursuant to division
(C)(2)
of this section be paid to
the
lienholder or
holder of the
interest less the costs of
seizure, storage, and maintenance of
the vehicle. The court shall
not
return a vehicle to a lienholder
or a holder of an ownership
interest
unless the
lienholder or holder submits an affidavit
to
the court that states that the lienholder or holder will not
return the vehicle to the person from whom the vehicle was seized
pursuant to the order of criminal forfeiture or to any member of
that person's family and will not otherwise knowingly permit that
person or any member of that person's family to obtain
possession
of the
vehicle. (3) No order of criminal
forfeiture shall be issued pursuant
to
this section if
a person
with an interest in
the vehicle
establishes to the court, by a
preponderance of the
evidence after
filing a motion with the court,
that the person
neither knew nor
should have known after a
reasonable
inquiry that
the vehicle had
been used or was involved in the
violation
resulting in the
issuance of the order of criminal
forfeiture or
the violation of
the order of immobilization issued under
section
4503.233 of the
Revised Code,
that the person did not expressly or
impliedly
consent to the
use or
involvement of the vehicle in that
violation, that the interest was perfected
in
good faith and for
value pursuant to law between the time of the arrest of the
offender and the final disposition of the criminal charge in
question, and that the vehicle was in the possession of the
interest holder at the time of the perfection of
the
interest. If
the court is satisfied that the interest
holder has
met these
criteria, the court shall preserve
the
interest holder's
interest, and the court either
shall return the
vehicle to the
interest holder
or order that the
proceeds of any
sale held
pursuant to division
(C) of
this section be paid
to the holder of
the interest less the costs
of seizure, storage, and maintenance
of the
vehicle. The court
shall not return a vehicle to an
interest holder
unless the holder
submits an affidavit to
the
court stating
that the holder will not return the vehicle to
the
person from
whom the holder acquired
the
holder's
interest, nor
to any member
of that person's family, and the
holder will not
otherwise
knowingly permit that person or any
member of that
person's
family to
obtain possession of the
vehicle. (C) A vehicle ordered criminally forfeited to the state
pursuant to
this section shall
be disposed of as
follows: (1) It shall be given to the law enforcement agency
that
employs the law enforcement officer who seized the
vehicle, if
that agency desires to have it; (2) If a vehicle is not disposed of pursuant to division
(C)(1) of this section, the vehicle shall be sold,
without
appraisal, if the value of the vehicle is
two thousand dollars or
more as determined by publications of
the national
auto dealer's
association, at a public auction to the highest bidder for
cash.
Prior to the sale, the prosecuting attorney in the case shall
cause a notice of the proposed sale to be given in accordance
with
law. The court shall cause notice of the sale of the vehicle to
be
published in a newspaper of general circulation in the county
in which the
court is located at least seven days prior to the
date of the
sale. The proceeds of a sale under this division or
division
(F) of
this section shall be applied in the following
order: (a) First, they shall be applied to the payment of the
costs
incurred in connection with the seizure, storage, and
maintenance
of, and provision of security for, the vehicle, any
proceeding
arising out of the forfeiture, and if any, the sale. (b) Second, the remaining proceeds after compliance with
division
(C)(2)(a) of this section, shall be applied to the
payment of the value of any lien or ownership
interest in
the
vehicle preserved under division
(B) of this section. (c) Third, the remaining proceeds, after compliance with
divisions
(C)(2)(a) and (b) of this section, shall be
applied
to
the appropriate funds in accordance with divisions (D)(1)(c)
and
(2) of section 2933.43 of the Revised Code, provided that the
total of the amount so deposited under this division shall not
exceed one thousand dollars. The remaining proceeds deposited
under this division shall be used only for the purposes
authorized
by those divisions and division (D)(3)(a)(ii) of that
section. (d) Fourth, the remaining proceeds after compliance with
divisions
(C)(2)(a) and (b) of this section and after
deposit
of
a
total amount of one thousand dollars under division
(C)(2)(c) of
this section shall be applied so that fifty
per
cent of those
remaining proceeds is paid into the reparation fund
established
by
section 2743.191 of the Revised Code, twenty-five
per cent is
paid
into the drug abuse resistance education programs
fund
created by
division
(F)(2)(e) of section 4511.191 of the
Revised
Code and
shall be used only for the purposes authorized by
division
(F)(2)(e) of that section, and twenty-five per
cent is
applied to
the appropriate funds in accordance with division
(D)(1)(c) of
section 2933.43 of the Revised Code. The proceeds
deposited into
any fund described in section 2933.43 of the
Revised Code shall be
used only for the purposes authorized by
division (D)(1)(c), (2),
and (3)(a)(ii) of that section. (D)
Except as provided in division
(E)
of section 4511.203 of
the Revised Code and notwithstanding any
other
provision of law,
neither
the registrar of motor vehicles
nor any deputy registrar
shall
accept an application for the
registration of any motor
vehicle
in the name of any person, or
register any motor vehicle
in the
name of any person, if both of
the following apply: (1) Any vehicle registered in the person's name was
criminally forfeited under
this
section and
section 4503.233,
4503.236,
4510.10,
4510.11,
4510.14, 4510.16, 4510.161, 4510.41,
4511.19, 4511.193,
or
4511.203
of the Revised Code; (2) Less than five years have expired since the issuance of
the most recent order of criminal forfeiture issued in relation
to
a vehicle registered in the person's name. (E) If a court is required by orders the criminal forfeiture to the state of a vehicle pursuant to section 4503.233,
4503.236,
4510.10, 4510.11, 4510.14,
4510.16,
4510.161,
4510.41,
4511.19,
4511.193,
or
4511.203 of the Revised
Code to
order the criminal
forfeiture to the state
of a vehicle,
and the
title to the motor
vehicle is assigned or transferred,
and
division
(B)(2) or (3) of
this section applies, in
addition to
or
independent of any other
penalty established by law, the court
may fine the
offender the
value of the vehicle as determined by
publications of the
national
auto dealer's association. The
proceeds from any fine imposed
under
this division
shall be distributed in
accordance with
division
(C)(2) of this section. (F) As used in
this section and
divisions
(D)(1)(c),
(D)(2), and (D)(3)(a)(ii) of section 2933.43 of the
Revised Code
in relation to proceeds of the sale of a vehicle
under division
(C) of this section, "prosecuting attorney"
includes the
prosecuting attorney, village solicitor, city
director of law, or
similar chief legal officer of a municipal
corporation who
prosecutes the case resulting in the conviction
or
guilty plea in
question. (G) If the vehicle to
be forfeited has an average retail
value of less than two thousand dollars as
determined by
publications of the national auto dealer's
association, no public
auction is required to be held. In such
a case, the court may
direct that the vehicle be disposed of in
any 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 court shall
not transfer the vehicle to
the person who is the vehicle's
immediate previous owner. If the court assigns the motor vehicle to a salvage
dealer or
scrap metal processing facility and the court is in possession of
the certificate of title to the motor vehicle, it 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 court
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. If the court is not in possession of the certificate of title
to the
motor vehicle, the court shall issue an order transferring
ownership of the
motor vehicle to a salvage dealer or scrap metal
processing facility, send the
order to the clerk of the court of
common pleas of the county in which the
salvage dealer or scrap
metal processing facility is located, and send a
photocopy of the
order to the salvage dealer or scrap metal processing
facility for
its records. The clerk shall make the proper notations or
entries
in the clerk's records concerning the disposition of the motor
vehicle.
Sec. 4507.02. (A)(1) No person shall permit the operation of
a motor
vehicle
upon
any public or private property used by the
public
for
purposes of
vehicular travel or parking knowing the
operator
does
not have a
valid driver's license issued to the
operator by
the
registrar of
motor vehicles under this chapter or
a valid
commercial driver's
license issued under Chapter 4506. of
the
Revised Code.
Whoever
violates this division is guilty of a
misdemeanor of the first
degree. (2) No person shall receive a driver's license, or a
motorcycle operator's endorsement of a driver's or commercial
driver's license, unless and until the person surrenders to
the
registrar
all valid licenses issued to the person by another
jurisdiction
recognized by this state. The registrar shall report the surrender of a license to the issuing authority,
together with
information that a license is now issued in this
state. The registrar shall destroy any such license that is not returned to the issuing authority. No
person shall be permitted to have more than one valid
license at
any time. (B)(1) If a person is convicted of a violation of
section
4510.11, 4510.14,
4510.16 when division (B)(3) of that section applies, or
4510.21 of
the Revised Code or if
division (F) of section 4507.164
of the
Revised Code
applies, the
trial judge of any court,
in
addition to
or independent of, any
other penalties provided by
law
or
ordinance, shall impound the
identification license plates
of
any
motor vehicle registered in
the name of the person. If a person is convicted of a violation of section 4510.16 of the Revised Code and division (B)(2) of that section applies, the trial judge of any court, in addition to or independent of any other penalties provided by law or ordinance, may impound the identification license plates of any motor vehicle registered in the name of the person. The
court
shall send the impounded
license plates to the registrar,
who may
retain the license plates
until the driver's or
commercial
driver's license of the owner has
been reinstated or
destroy them
pursuant to section 4503.232 of
the Revised Code. If the license plates of a person convicted of a violation
of
any provision of those
sections have been impounded
in accordance
with the provisions of
this division, the court
shall notify the
registrar of that
action. The notice shall
contain the name and
address of the
driver, the serial number of
the driver's driver's
or commercial
driver's license, the
serial numbers
of the license
plates of the
motor vehicle, and the length of
time for which the
license plates
have been impounded. The
registrar shall record
the data in the
notice as part of the
driver's permanent record. (2) Any motor vehicle owner who has had the license plates
of a motor vehicle impounded pursuant to division
(B)(1) of
this
section may apply to the registrar, or to a deputy registrar,
for
restricted license plates
that shall conform to the
requirements of
section 4503.231 of the Revised Code. The
registrar or deputy
registrar forthwith shall notify the court of
the application
and,
upon approval of the court, shall issue
restricted license
plates to
the applicant. Until the driver's or
commercial
driver's license
of the owner is reinstated, any new
license
plates issued to the
owner also shall conform to the
requirements of
section 4503.231
of the Revised Code. The registrar or deputy
registrar shall charge the owner of a
vehicle the
fees provided in section 4503.19 of the Revised Code
for restricted
license plates that are issued in accordance
with this
division, except upon renewal as specified in section
4503.10 of
the Revised Code, when the regular fee as provided in
section
4503.04 of the Revised Code shall be charged. The registrar or
deputy registrar shall charge the owner of a
vehicle the fees
provided in section 4503.19 of the Revised Code whenever restricted
license
plates are exchanged, by reason of the
reinstatement of
the driver's or commercial driver's license of
the owner, for
those ordinarily issued. (3) If an owner wishes to sell a motor vehicle during the
time the restricted license plates provided under division
(B)(2)
of
this section are in use, the owner may apply to the court
that
impounded
the license plates of the motor vehicle for permission
to
transfer title to the motor vehicle. If the court is satisfied
that the sale will be made in good faith and not for the purpose
of circumventing the provisions of this section, it may certify
its consent to the owner and to the registrar of motor vehicles
who shall enter notice of the transfer of the title of the motor
vehicle in the vehicle registration record. If, during the time the restricted license plates provided
under
division
(B)(2) of this section are in use, the title
to a
motor
vehicle is transferred by the foreclosure of a chattel
mortgage, a
sale upon execution, the cancellation of a
conditional
sales
contract, or by order of a court, the court
shall notify the
registrar of the action and the registrar shall
enter notice of
the transfer of the title to the motor vehicle in
the vehicle
registration record. (C) This section is not intended to change or modify any
provision of Chapter 4503. of the Revised Code with respect to
the
taxation of motor vehicles or the time within which the taxes
on
motor vehicles shall be paid.
Sec. 4507.08. (A) No probationary license shall
be
issued
to any person under the age of eighteen who has been
adjudicated
an unruly or delinquent child or a juvenile traffic
offender for
having committed any act that if committed by an
adult would be a
drug abuse offense, as defined in section
2925.01 of the Revised
Code, a violation of division (B) of
section 2917.11, or a
violation of division (A) of section
4511.19 of the Revised Code,
unless the person has been required
by the court to attend a drug
abuse or alcohol abuse education,
intervention, or treatment
program specified by the court and has
satisfactorily completed
the program. (B) No temporary instruction permit or driver's license
shall
be issued to any person whose license has been suspended,
during
the period for which the license was suspended, nor to any
person
whose license has been
canceled, under
Chapter 4510. or
any other provision
of the
Revised Code. (C) No temporary instruction permit or driver's license
shall
be issued to any person whose commercial driver's license is
suspended under
Chapter 4510.
or
any other
provision of the
Revised Code during the period
of the
suspension. No temporary instruction permit or driver's license shall be
issued to any
person when issuance is prohibited by division (A)
of section 4507.091 of the
Revised Code. (D) No temporary instruction permit or driver's license
shall
be issued to, or retained by, any of the following persons: (1) Any person who is an alcoholic, or is addicted to the
use of controlled substances to the extent that the use
constitutes an impairment to the person's ability to operate a
motor vehicle with the required degree of safety; (2) Any person who is under the age of eighteen and has
been
adjudicated an unruly or delinquent child or a juvenile
traffic
offender for having committed any act that if committed
by an
adult would be a drug abuse offense, as defined in section
2925.01
of the Revised Code, a violation of division (B) of
section
2917.11, or a violation of division (A) of section
4511.19 of the
Revised Code, unless the person has been required
by the court to
attend a drug abuse or alcohol abuse education,
intervention, or
treatment program specified by the court and has
satisfactorily
completed the program; (3) Any person who, in the opinion of the registrar, is
afflicted with or suffering from a physical or mental disability
or disease that prevents the person from exercising reasonable and
ordinary control over a motor vehicle while operating the vehicle
upon the highways, except that a restricted license effective for
six months may be issued to any person otherwise qualified who is
or has been subject to any condition resulting in episodic
impairment of consciousness or loss of muscular control and whose
condition, in the opinion of the registrar, is dormant or is
sufficiently under medical control that the person is capable of
exercising reasonable and ordinary control over a motor vehicle.
A
restricted
license effective for six months shall be issued to
any
person who
otherwise
is qualified
and who is subject to any
condition that causes episodic impairment of consciousness or a
loss of muscular control if the person presents a statement from
a
licensed physician that the person's condition is under effective
medical control and the period of time for which the control has
been continuously maintained, unless, thereafter, a medical
examination is ordered and, pursuant thereto, cause for denial is
found. A person to whom a six-month restricted license has been
issued shall give notice of the person's medical condition to the
registrar on forms provided by the registrar and signed by the
licensee's physician. The notice shall be sent to the registrar
six months after the issuance of the license. Subsequent
restricted licenses issued to the same individual shall be
effective for six months. (4) Any person who is unable to understand highway
warnings
or traffic signs or directions given in the English
language; (5) Any person making an application whose driver's
license
or driving privileges are under
cancellation, revocation, or
suspension
in the jurisdiction where issued or any other
jurisdiction, until
the expiration of one year after the license
was
canceled or revoked or until
the period of suspension ends.
Any person whose application is
denied under this division may
file a petition in the municipal
court or county court in whose
jurisdiction the person resides
agreeing to pay the cost of the
proceedings and alleging that the
conduct involved in the offense
that resulted in suspension, cancellation, or
revocation in the
foreign jurisdiction would not have resulted in
a suspension,
cancellation, or revocation had the offense occurred in this
state. If the petition is granted, the petitioner shall notify
the
registrar by a certified copy of the court's
findings and a
license shall not be denied under this division. (6) Any person
who is under a class one or two suspension
imposed for a violation of section 2903.01, 2903.02, 2903.04, 2903.06, or 2903.08, 2903.11, 2921.331, or 2923.02 of
the Revised Code or whose driver's or commercial driver's
license
or permit
was permanently revoked
prior to
January 1, 2004, for a substantially equivalent violation
pursuant
to
section 4507.16 of the Revised Code; (7) Any person who is not a resident or temporary resident
of this state. (E) No person whose driver's license or permit has been suspended under Chapter 4510. of the Revised Code or any other provision of the Revised Code shall have driving privileges reinstated if the registrar determines that a warrant has been issued in this state or any other state for the person's arrest and that warrant is an active warrant. Sec. 4507.164. (A) Except as provided in divisions (C) to
(E) of this section, when the license of any person is suspended
pursuant to any provision of the Revised Code other
than division
(G) of section
4511.19 of the Revised
Code
and other than section
4510.07 of the Revised Code
for a
violation of a municipal OVI
ordinance, the
trial judge may
impound
the identification license
plates of any
motor vehicle
registered
in the name of the person. (B)(1) When the license of any person is suspended
pursuant
to division
(G)(1)(a) of section
4511.19 of the
Revised Code,
or
pursuant to section 4510.07 of the
Revised Code for a municipal
OVI offense when the suspension is
equivalent in length to the
suspension under division (G) of
section 4511.19 of the Revised
Code that is
specified in this
division,
the trial judge of the
court of record
or the mayor
of
the mayor's court that suspended
the license may
impound the identification license plates of any
motor vehicle
registered in the name of the person. (2) When the license of any person is suspended
pursuant to
division
(G)(1)(b) of section
4511.19 of
the
Revised Code,
or
pursuant to section 4510.07 of the Revised
Code for a municipal
OVI offense when the suspension is equivalent
in length to the
suspension under division (G) of section 4511.19
of the Revised
Code that is
specified in this division,
the trial
judge of the
court of record that
suspended
the license
shall order the
impoundment of
the identification license plates
of the motor
vehicle the
offender was operating at the time of the
offense and
the
immobilization of that vehicle in accordance with
section
4503.233 and division
(G)(1)(b) of
section
4511.19 or
division
(B)(2)(a) of
section 4511.193 of the Revised Code
and may impound
the
identification license plates of any other
motor vehicle
registered in the name of the person whose license
is suspended. (3) When the license of any person is suspended
pursuant to
division
(G)(1)(c), (d), or
(e) of section
4511.19 of the
Revised
Code,
or pursuant to section
4510.07
of the Revised Code for a
municipal
OVI offense when the
suspension is equivalent in length
to the
suspension under
division (G) of section 4511.19 of the
Revised Code that is
specified in this division,
the trial judge
of the court of record
that suspended
the license shall order the
criminal
forfeiture to the
state of the motor vehicle the offender
was
operating at the time
of the offense in accordance with
section
4503.234 and division
(G)(1)(c), (d), or
(e) of
section
4511.19 or division
(B)(2)(b)
of section
4511.193 of the Revised
Code and
may impound the identification
license plates of any
other motor vehicle registered in the name
of the person whose
license is suspended. (C)(1) When a person is convicted of or pleads guilty to a
violation of
section
4510.14
of the
Revised
Code or a
substantially equivalent municipal ordinance and
division (B)(1)
or (2) of section
4510.14 or division
(C)(1) or
(2) of section
4510.161 of the Revised Code
applies,
the trial
judge of the court
of record or the mayor of
the mayor's court
that imposes sentence
shall order the
immobilization of the
vehicle the person was
operating at the time
of the offense and
the impoundment of its
identification license
plates in
accordance with section 4503.233
and division (B)(1) or
(2) of
section
4510.14 or division (C)(1)
or (2) of
section
4510.161 of
the Revised Code and may impound
the
identification license
plates of any other vehicle registered
in
the name of that
person. (2) When a person is convicted of or pleads guilty to a
violation of
section
4510.14
of the
Revised
Code or a
substantially equivalent municipal ordinance and
division (B)(3)
of section
4510.14 or division (C)(3)
of
section
4510.161 of the
Revised Code applies, the trial
judge
of the
court of record that
imposes sentence shall order the
criminal
forfeiture to the state
of the vehicle the person was
operating
at the time of the offense
in accordance with section
4503.234
and division (B)(3) of section
4510.14 or
division
(C)(3) of
section
4510.161 of the Revised
Code
and may impound
the
identification license plates of any
other
vehicle registered in
the name of that person. (D)(1) When a person is convicted of or pleads guilty to a
violation of division
(A) of section
4510.16 of the
Revised
Code
or a substantially equivalent municipal ordinance and,
division
(B)(2) or
(3) of section
4510.16 or
division (B)(1) or
(2) of
section
4510.161 of the Revised
Code applies,
the trial
judge of
the court of record or the mayor
of the mayor's court
that imposes
sentence shall order in determining whether the
immobilization of the
vehicle the person
was operating at the time
of the offense and
the impoundment of
its identification license
plates in
accordance with section
4503.233 and division
(B)(2) or
(3) of
section
4510.16 or
division
(B)(1) or (2) of section
4510.161 of
the Revised Code
and
may impound the identification license
plates of any other
vehicle
registered in the name of that
person. (2) When a person is convicted of or pleads guilty to a
violation of division
(A) of section
4510.16 of the
Revised
Code
or a substantially equivalent municipal ordinance and
division
(B)(4) of section
4510.16 or division
(B)(3) of section
4510.161
of the Revised Code applies,
the trial judge
of the
court of
record that imposes sentence shall
order or the criminal
forfeiture
to the state of the vehicle the
person was operating
at the time
of the offense in accordance with
section 4503.234
and division
(B)(4) of section
4510.16 or division (B)(3) of
section
4510.161
of the
Revised Code and is authorized or required. The trial judge of the court of record or the mayor of the mayor's court that imposes sentence may impound
the
identification license
plates of
any other vehicle registered in
the name of that person.
(E)(1) When a person is convicted of or pleads guilty to a
violation of section
4511.203 of the Revised Code and
the
person
is sentenced pursuant to division
(C)(1)
or
(2) of
section
4511.203 of
the Revised Code, the trial judge of
the court of
record or the
mayor of the mayor's court that imposes
sentence
shall order the
immobilization of the vehicle that was
involved in
the commission
of the offense and the impoundment of
its
identification license
plates in accordance with division
(C)(1)
or
(2) of section
4511.203 and
section 4503.233
of the Revised
Code and may impound the
identification license
plates of any
other vehicle registered in
the name of that person. (2) When a person is convicted of or pleads guilty to a
violation of section
4511.203 of the Revised Code and
the
person
is sentenced pursuant to division
(C)(3) of section
4511.203 of
the Revised Code, the trial judge of the court
of record or the
mayor of the mayor's court that imposes sentence
shall order the
criminal forfeiture to the state of the vehicle
that was involved
in the commission of the offense in accordance
with division
(C)(3) of section
4511.203 and
section
4503.234 of the Revised
Code and may impound the identification
license plates of any
other vehicle registered in the name of that
person. (F) Except as provided in section 4503.233 or 4503.234 of
the Revised Code, when the certificate of registration, the
identification license plates, or both have been impounded,
division
(B) of section 4507.02 of the Revised Code is
applicable. (G)
As used in this section, "municipal OVI offense"
has the
same meaning as in section 4511.181 of the Revised Code.
Sec. 4510.10. (A) As used in this section,
"reinstatement
fees"
means the fees that are required under
section 4507.1612,
4507.45,
4509.101, 4509.81, 4511.191, 4511.951,
or any other
provision of the Revised Code, or under a schedule
established by
the bureau of motor vehicles, in order to reinstate
a driver's or
commercial driver's license or permit or nonresident
operating
privilege of an offender under a suspension. (B) Reinstatement fees are those fees that compensate the bureau of motor vehicles for suspensions, cancellations, or disqualifications of a person's driving privileges and to compensate the bureau and other agencies in their administration of programs intended to reduce and eliminate threats to public safety through education, treatment, and other activities. The registrar of motor vehicles shall not reinstate a driver's or commercial driver's license or permit or nonresident operating privilege of a person until the person has paid all reinstatement fees and has complied with all conditions for each suspension, cancellation, or disqualification incurred by that person. (C) When a municipal court or county court determines in a
pending case involving an offender that the An offender who cannot
reasonably pay
reinstatement fees due and owing by the offender
relative to a suspension that has been or that will be imposed in on
the case, then offender may file a petition in the municipal court, by county court, or, if the person is under the age of eighteen, the juvenile division of the court of common pleas in whose jurisdiction the person resides or, if the person is not a resident of this state, in the Franklin county municipal court or juvenile division of the Franklin county court of common pleas for an order, may undertake that does either of the
following, in order of preference: (1) Establish Establishes a reasonable payment plan of not less than
fifty
dollars per month, to be paid by the offender to the bureau
of motor
vehicles in all succeeding months until all reinstatement
fees required
of the offender are paid in full; (2) If the offender, but for the payment of the
reinstatement
fees, otherwise would be entitled to operate a
vehicle in this state or
to obtain reinstatement of the offender's
operating privileges,
permit permits the offender to operate a motor
vehicle, as authorized by
the court, until a future date upon
which date all reinstatement fees
must be paid in full. A payment
extension granted under this
division shall not exceed one hundred
eighty days, and any
operating privileges granted under this
division shall be solely
for the purpose of permitting the
offender occupational or "family
necessity" privileges in order to
enable the offender to
reasonably acquire the delinquent
reinstatement fees due and
owing. (D) If a municipal court or, county court, by or juvenile division enters an order, undertakes
either activity
of the type described in division (C)(1) or (2) of
this
section, the court, at any time after the issuance of the
order, may determine
that a change of
circumstances has occurred
and may amend the order as justice requires,
provided that the
amended
order also shall be an order that is permitted under
division
(C)(1) or (2) of this section. (E) If a court enters an order of the type described in
division
(C)(1), (C)(2), or (D) of this
section, during the
pendency of the order, the offender in relation to whom it
applies
is not subject to prosecution for failing to
pay the reinstatement
fees covered by the order.
(F) Reinstatement fees are debts that may be discharged in bankruptcy.
Sec. 4510.13. (A)(1) Divisions (A)(2) to (7) of this
section apply to a judge or mayor
regarding the suspension of, or
the grant of limited driving privileges
during a suspension of, an
offender's driver's or
commercial driver's license or permit or
nonresident operating
privilege imposed under division (G) or (H)
of section
4511.19 of the Revised Code, under division (B)
or (C)
of section 4511.191 of the Revised Code, or under section
4510.07
of the Revised Code for a conviction of a violation of a
municipal
OVI ordinance. (2) No judge or mayor shall suspend the following portions
of the
suspension of an offender's driver's or commercial driver's
license or
permit or nonresident operating privilege imposed under
division
(G) or (H) of section
4511.19 of the Revised Code or
under section 4510.07 of the Revised Code for a conviction of
a
violation of a municipal OVI ordinance, provided that division
(A)(2) of this section does not limit a court or
mayor in
crediting any period of suspension imposed pursuant to division
(B) or (C) of section 4511.191 of the Revised Code against
any
time of judicial suspension imposed pursuant to section 4511.19 or
4510.07 of the Revised Code, as described in divisions
(B)(2) and
(C)(2) of section
4511.191 of the Revised Code: (a) The first six months of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code
or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code; (b) The first year of a suspension imposed under division
(G)(1)(b) or (c) of
section 4511.19 of the Revised Code or of a
comparable
length
suspension imposed under section 4510.07 of the
Revised
Code; (c) The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or of a
comparable length suspension imposed under section 4510.07
of the Revised Code; (d) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code. (3) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(G) or (H) of section 4511.19 of the Revised Code, under
division (C) of section 4511.191 of the Revised Code, or under
section 4510.07 of the Revised Code for a municipal OVI conviction
if the offender, within the preceding six years, has been
convicted of or
pleaded guilty to three or more violations of one
or more of the Revised Code sections, municipal ordinances,
statutes
of the United States or another state, or municipal
ordinances of
a municipal corporation of another state that are
identified in
divisions (G)(2)(b) to (h) of section
2919.22 of the
Revised Code. Additionally, no judge or mayor shall grant limited driving
privileges to an offender whose driver's or commercial driver's
license
or permit or nonresident operating privilege has been
suspended under
division (B) of section 4511.191 of the Revised
Code if the
offender, within the preceding six years, has refused
three previous requests
to consent to a chemical test of the
person's whole blood, blood serum or
plasma, breath, or urine to
determine its alcohol content. (4) No judge or mayor shall grant limited driving privileges
for
employment as a driver of commercial motor vehicles to an
offender whose
driver's or commercial driver's license or permit
or nonresident
operating privilege has been suspended under
division (G) or
(H)
of section 4511.19 of the Revised Code, under
division (B) or (C)
of section 4511.191 of the Revised Code, or
under section 4510.07
of the Revised Code for a municipal OVI
conviction if the
offender is disqualified from operating a
commercial motor vehicle, or whose license or permit has been
suspended, under
section 3123.58 or 4506.16 of the
Revised Code. (5) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(G) or (H) of section 4511.19 of the Revised Code, under
division (C) of section 4511.191 of the Revised Code, or under
section 4510.07 of the Revised Code for a conviction of a
violation of a municipal OVI ordinance during any of the following
periods of time: (a) The first fifteen days of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code or a
comparable
length suspension imposed under section 4510.07 of the
Revised Code, or of a suspension
imposed under
division (C)(1)(a)
of section 4511.191 of the
Revised Code. On or after
the
sixteenth day of the suspension, the court may grant limited
driving privileges, but the court may require that the offender
shall not
exercise the privileges
unless the vehicles the offender
operates are equipped with
immobilizing or disabling devices that
monitor the offender's
alcohol consumption or any other type of
immobilizing or disabling
devices, except as provided in division
(C) of section 4510.43
of the Revised Code. (b) The first thirty days of a suspension imposed under
division
(G)(1)(b) of section 4511.19 of the Revised Code or a
comparable
length suspension imposed under section 4510.07 of the
Revised Code, or of a suspension
imposed under
division (C)(1)(b)
of section 4511.191 of the
Revised Code. On or after the
thirty-first day of
suspension, the court may grant limited
driving privileges, but the court may
require that the offender
shall not exercise the privileges
unless the vehicles the offender
operates are equipped with
immobilizing or disabling devices that
monitor the offender's
alcohol consumption or any other type of
immobilizing or disabling
devices, except as provided in division
(C) of section 4510.43
of the Revised Code. (c) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or a
comparable length suspension imposed under section 4510.07 of the
Revised Code. (d) The first one hundred eighty days of a suspension
imposed
under division (G)(1)(c) of section 4511.19 of the Revised
Code or
a comparable length suspension imposed under section
4510.07 of the Revised Code, or of a
suspension imposed under
division
(C)(1)(c) of section 4511.191 of
the Revised Code. The
judge may grant limited driving
privileges
on or after the one
hundred eighty-first day of the suspension only if the
judge, at
the time of granting the privileges, also
issues an order
prohibiting the offender, while exercising the
privileges during
the period commencing with the one hundred
eighty-first day of
suspension and ending with the first year of
suspension, from
operating any motor vehicle unless it is equipped
with an
immobilizing or disabling device that monitors the
offender's
alcohol consumption. After the first year of the
suspension, the
court may authorize the offender to continue
exercising the
privileges in vehicles that are not equipped with
immobilizing or
disabling devices that monitor the offender's
alcohol consumption,
except as provided in division (C) of section
4510.43 of the
Revised Code. If the offender does not petition for
limited
driving privileges until after the first year of
suspension, the
judge may grant limited driving privileges without
requiring the
use of an immobilizing or disabling device that
monitors the
offender's alcohol consumption. (e) The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or a
comparable length suspension imposed under section 4510.07 of
the Revised Code, or of a
suspension imposed under
division
(C)(1)(d) of section 4511.191 of the
Revised Code. The
judge may
grant limited driving privileges after the first three
years of
suspension only if the judge, at the time of granting the
privileges, also issues an order prohibiting the offender from
operating any motor vehicle, for the period of suspension
following the first three years of suspension, unless the motor
vehicle is equipped with an immobilizing or disabling device that
monitors the offender's alcohol consumption, except as provided in
division
(C) of section 4510.43 of the Revised Code. (6) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(B) of section 4511.191 of the Revised Code during any of
the following periods of time: (a) The first thirty days of suspension imposed under
division
(B)(1)(a) of section 4511.191 of the Revised Code; (b) The first ninety days of suspension imposed under
division
(B)(1)(b) of section 4511.191 of the Revised Code; (c) The first year of suspension imposed under division
(B)(1)(c)
of section 4511.191 of the Revised Code; (d) The first three years of suspension imposed under
division
(B)(1)(d) of section 4511.191 of the Revised Code. (7) In any case in which a judge or mayor grants limited
driving
privileges to an offender whose driver's or commercial
driver's license
or permit or nonresident operating privilege has
been suspended under
division (G)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code, under division (G)(1)(a) of section 4511.19 of the Revised Code for a violation of division (A)(1)(f), (g), (h), or (i) of that section, or under
section 4510.07 of the Revised Code for a
municipal OVI
conviction for which sentence would have been imposed under division (G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of the Revised Code had the offender been charged with and convicted of a violation of section 4511.19 of the Revised Code instead of a violation of the municipal OVI ordinance, the judge or mayor shall impose as a
condition of the privileges
that the offender must display on the
vehicle that is driven subject to the
privileges
restricted
license plates that are issued under section 4503.231 of the
Revised Code, except
as provided in division (B) of that section. (B) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to
section 4511.19 or 4511.191 of the Revised Code or
under
section 4510.07 of the Revised Code for a violation of a
municipal OVI ordinance may file a petition for
limited driving
privileges during the suspension. The person shall file the
petition
in the court that has jurisdiction over the
place of
arrest. Subject to division (A) of this section, the court
may
grant the person limited driving privileges during the
period
during which the suspension otherwise would be imposed.
However,
the court shall not grant the privileges for
employment as a
driver of a commercial motor vehicle to any person
who is
disqualified from operating a commercial motor vehicle
under
section 4506.16 of the Revised Code or during any of
the
periods
prescribed by division (A) of this section. (C)(1) After a driver's or commercial driver's license or
permit
or nonresident operating privilege has been suspended
pursuant to section
2903.06, 2903.08, 2903.11, 2907.24, 2921.331, 2923.02, 2929.02, 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 imposed under section 2903.04 or, 2903.06, 2903.08, or 2921.331 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, 2903.11, 2923.02, or 2929.02 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. 4510.16. (A)
No person, whose driver's or commercial
driver's license or temporary instruction permit or nonresident's
operating
privilege has been
suspended or canceled pursuant to
Chapter 4509. of the
Revised
Code, shall operate any motor vehicle
within this state, or knowingly
permit any motor vehicle owned by
the person to be operated by
another person in the state, during
the period of the suspension or
cancellation, except as
specifically authorized by Chapter
4509. of the Revised Code. No
person shall operate a motor
vehicle within this state, or
knowingly permit any motor vehicle owned by the person to be
operated by another person in the state,
during the period in
which the person is required by section 4509.45 of
the Revised
Code to file and maintain proof of financial
responsibility for a
violation of section 4509.101 of the Revised
Code, unless proof of
financial responsibility is
maintained with respect to that
vehicle. (B)(1) Whoever violates this section is guilty of driving
under
financial responsibility law suspension or cancellation, a
misdemeanor of the first degree. The court shall impose a class
seven
suspension of the offender's driver's or
commercial driver's
license or permit or nonresident operating
privilege for
the
period of time specified in division (A)(7) of
section 4510.02 of
the
Revised Code. (2) If the vehicle is registered in
the offender's name and division (B)(3) of this section does not apply, the
court, in addition to or independent of
any other
sentence that it
imposes upon the offender, shall do one of the following: (a) Except as otherwise provided in division (B)(2)(b) or (c)
of this section, may order
the
immobilization for no more than thirty days of the
vehicle involved in the
offense and the
impoundment for no more than thirty
days of the license plates
of that vehicle;.
(b)(3) If the vehicle is registered in the offender's name and if, within five years of the offense, the offender has been convicted of or
pleaded guilty to
one violation of
this section or a substantially
similar municipal ordinance, the court, in addition to or independent of any other sentence that it imposes on the offender, shall
order
the immobilization for
sixty
days of the vehicle involved in the
offense and impoundment for
sixty
days of the license plates of
that vehicle;.
(c) If the vehicle is registered in the offender's name and if, within five years of the offense, the offender has been convicted of or
pleaded guilty to
two or more
violations of this section or a
substantially similar municipal
ordinance, the court, in addition to or independent of any other sentence that it imposes upon the offender, shall order the criminal
forfeiture
to the state of the
vehicle involved in the offense.
If
title to a motor vehicle that
is subject to an order for
criminal
forfeiture under this division
is assigned or transferred
and
division (B)(2) or (3) of section
4503.234 of the Revised Code
applies, in addition to or
independent of any other penalty
established by law, the court may
fine the offender the value of
the vehicle as determined by
publications of the national auto
dealers association. The
proceeds from any fine so imposed shall
be distributed in
accordance with division (C)(2) of that section.
(C) Any order for immobilization and impoundment under this
section shall be issued and enforced in accordance with sections
4503.233 and
4507.02
of the Revised Code, as applicable. Any
order of criminal
forfeiture
shall be issued and enforced in
accordance with section 4503.234 of the
Revised Code. The court
shall not release a vehicle from
immobilization orders under this
section unless the court is presented with
current proof of
financial responsibility with
respect to that vehicle.
Sec.
4510.161. (A) The requirements and sanctions
imposed
by divisions (B) and (C) 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 ordinance that is substantially equivalent to
section
4510.14 or
to division
(A) of section
4510.16
of the Revised
Code. (B)(1) If a person is convicted of or pleads guilty to a violation of a
municipal ordinance that is substantially equivalent to division
(A) of section
4510.16 of the
Revised Code, the
court, in
addition to and independent of any sentence that it
imposes upon
the offender for the offense,
if the
vehicle
the offender was
operating at the time of the
offense is
registered in
the
offender's name, shall do
whichever of the following is
applicable: (1) If, within five years of the current offense, the
offender has not been convicted of or pleaded guilty to a
violation of
division (A) of section 4510.16 or former
division
(B)(1) of section 4507.02 of the Revised
Code or a municipal
ordinance that is substantially equivalent to
either
division,
the court shall and if division (B)(2) of this section does not apply, the court, in addition to or independent of any sentence that it imposes upon the offender for the offense, may order the immobilization
for not more than
thirty days
of the
vehicle the offender was operating at the time
of the
offense and
the impoundment for not more than thirty days of the
identification
license
plates of that vehicle.
(2) If a person is convicted of or pleads guilty to a violation of a municipal ordinance that is substantially equivalent to division (A) of section 4510.16 of the Revised Code and if, within five years of the current offense, the
offender has been convicted of or pleaded guilty to one violation or more violations
of
division (A) of section 4510.16 or former division (B)(1)
of
section 4507.02 of the Revised Code or a
municipal ordinance that
is substantially equivalent to
either
division, the court, in addition to or independent of any sentence that it imposes upon the offender for the offense, shall do whichever of the following is applicable: (a) If, within five years of the current offense, the offender has been convicted of or pleaded guilty to one such violation, the court
shall
order the immobilization for sixty days
of the vehicle the
offender was operating at the time of the
offense and the
impoundment for sixty days of the identification
license plates of
that vehicle. (3)(b) If, within five years of the current offense, the
offender has been convicted of or pleaded guilty to two or more such
violations of
division (A) of section 4510.16 or former
division
(B)(1) of section 4507.02 of the Revised
Code or a municipal
ordinance that is substantially equivalent to
either
division,
the court shall order the criminal
forfeiture
to
the
state of the
vehicle the offender was operating at the time
of the
offense.
The
order of criminal forfeiture shall be issued
and
enforced in
accordance with section 4503.234 of the Revised
Code.
(C) If a person is convicted of or pleads guilty to a violation of a
municipal ordinance that is substantially equivalent to
section
4510.14 of the Revised Code, the
court,
in
addition to and
independent of any sentence that it imposes
upon
the offender for
the offense,
if the
vehicle
the offender was operating at the
time of the offense is
registered in
the offender's name, shall
do
whichever of the following is applicable: (1) If, within five years of the current offense, the
offender has not been convicted of or pleaded guilty to a
violation of
section 4510.14 or former division (D)(2) of section
4507.02 of the Revised
Code or a municipal ordinance that is
substantially equivalent to
that
section or former division, the
court shall order the
immobilization for
thirty days of the
vehicle the offender was operating at the time
of the offense and
the impoundment for thirty days of the
identification license
plates of that vehicle. (2) If, within five years of the current offense, the
offender has been convicted of or pleaded guilty to one violation
of
section 4510.14 or former division (D)(2) of section 4507.02 of
the
Revised Code or a
municipal ordinance that is substantially
equivalent to that
section or former division, the court shall
order the immobilization
for sixty days
of the vehicle the
offender was operating at the time of the
offense and the
impoundment for sixty days of the identification
license plates of
that vehicle. (3) If, within five years of the current offense, the
offender has been convicted of or pleaded guilty to two or more
violations of
section 4510.14 or former division (D)(2) of section
4507.02 of the Revised
Code or a municipal ordinance that is
substantially equivalent to
that
section or former division, the
court shall order the criminal
forfeiture to
the state of the
vehicle the offender was operating at the time
of the offense. (D) An order of criminal forfeiture issued pursuant to
this
section shall be issued and enforced in accordance with
section
4503.234 of the Revised Code. An order for the
immobilization and
impoundment of a vehicle that issued pursuant
to this section
shall be issued and enforced in accordance with
section 4503.233
of the Revised Code.
Sec. 4510.18. (A) No person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended for life under a class one suspension imposed under division (B)(3) of section 2903.06 or section 2903.08 of the Revised Code shall operate any motor vehicle upon the public roads or highways within this state during the remaining life of the person.
(B) Whoever violates this section is guilty of driving under specified lifetime suspension, a felony of the third degree. Sec.
4510.41. (A) As used in this section: (1) "Arrested person" means a person who is arrested for a
violation of
section
4510.14, 4510.16,
or
4511.203 of the
Revised Code,
or a municipal ordinance that is substantially
equivalent to any of
those
sections, 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) If a person is arrested for a violation of
section
4510.14,
4510.16,
or
4511.203 of the Revised
Code, or a municipal
ordinance
that is substantially equivalent to any either
of those
sections or if a person is arrested for a violation of section 4510.16 of the Revised Code or a municipal ordinance that is substantially equivalent to that section and if division (B)(3) of section 4510.16 or division (B)(2) of section 4510.161 of the Revised Code applies, 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 any other provision of law, shall seize the
vehicle
that the person was operating at the time of,
or that was
involved
in, the alleged
offense
if the vehicle is registered in
the
arrested person's name and
its license plates.
A law
enforcement
agency that employs a law enforcement
officer who
makes an arrest
of a type that is described in
this
division
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 person'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; 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; and that
the arrested person
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. (2) The arresting officer or a law enforcement officer of
the agency
that employs the arresting officer shall give written
notice of the seizure under division (B)(1) of this section 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)(1) 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 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. (3) 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 or
storage of the vehicle. (4) 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
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 or other government agency. (b) The place is owned by the arrested person, the
arrested
person's spouse, or a parent or child of the arrested
person. (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 public street or highway on which the
vehicle is parked in accordance with the law. (C)(1) A vehicle
seized under division
(B)(1) 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)(1) of this
section shall be safely kept by the law
enforcement agency that
employs the arresting officer until at
least 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
section
4510.14, 4510.16,
or
4511.203
of the Revised Code, or a
municipal
ordinance that is
substantially
equivalent to any of those
sections or
pleads no contest to and is convicted of the
violation, the following sentencing provisions apply: (i) If the person violated section 4510.14 or 4511.203 of the Revised Code or a municipal ordinance that is substantially equivalent to either of those sections, or violated section 4510.16 of the Revised Code or a municipal ordinance that is substantially equivalent to that section and division (B)(3) of section 4510.16 or division (B)(2) of section 4510.161 of the Revised Code applies, 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, or
that was involved
in, the offense
if registered in
the arrested person's
name and
the impoundment of its
license
plates under section 4503.233 and
section
4510.14, 4510.16,
4510.161,
or
4511.203
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
4510.14,
4510.16, 4510.161,
or
4511.203
of the Revised Code,
whichever is
applicable; and the
vehicle and its
license plates
shall not be
returned or released to the
arrested
person. (ii) If the person violated section 4510.16 of the Revised Code or a municipal ordinance that is substantially equivalent to that section and division (B)(2) of section 4510.16 or division (B)(1) of section 4510.161 applies, the court shall impose sentence upon the person as provided by law or ordinance and may order the immobilization of the vehicle the person was operating at the time of, or that was involved in, 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 4510.16 or 4510.161 of the Revised Code, 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
section
4510.14, 4510.16,
or
4511.203 of the Revised
Code, or a
municipal
ordinance that is substantially equivalent to
any of
those
sections 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)(1) 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
section
4510.14, 4510.16,
or
4511.203 of the
Revised
Code, or a municipal
ordinance that is substantially
equivalent to
any either of those
sections, or to the violation of section 4510.16 of the Revised Code or a municipal ordinance that is substantially equivalent to that section and division (B)(3) of section 4510.16 or division (B)(2) of section 4510.161 of the Revised Code applies, 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, or that was involved in, 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
4510.14,
4510.16, 4510.161,
or
4511.203 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
4510.14,
4510.16,
4510.161,
or
4511.203 of the
Revised Code,
whichever is
applicable. (2) If the person violated section 4510.16 of the Revised Code or a municipal ordinance that is substantially equivalent to that section and division (B)(2) of section 4510.16 or division (B)(1) of section 4510.161 applies, the court shall impose sentence upon the person as provided by law or ordinance and may order the immobilization of the vehicle the person was operating at the time of, or that was involved in, the offense if it is registered in the person's name and the impoundment of its license plates under section 4503.233 and section 4510.16 or 4510.161 of the Revised Code. (3) If the arrested person is found not guilty of the
violation of
section
4510.14, 4510.16,
or
4511.203 of the
Revised Code,
or a municipal ordinance that is substantially
equivalent to any of
those
sections, the court shall order
that
the vehicle and its license plates immediately be
released to
the
arrested person. (3)(4) If the charge that the arrested person violated
section
4510.14,
4510.16,
or
4511.203 of
the Revised Code, or a municipal
ordinance
that is substantially equivalent
to any of those
sections is dismissed
for any reason, the
court shall
order that
the vehicle and its license
plates immediately be
released to the
arrested
person.
(4)(5)
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)(2) of this
section, the time between the seizure of the vehicle and either
its release to the
arrested person
pursuant to 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
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, 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. Sec. 4510.54. (A) A Except as provided in division (F) of this section, a person whose driver's or commercial
driver's
license has been suspended for life under a class one
suspension or as
otherwise provided by law or has been suspended
for a period in excess of
fifteen years under a class two
suspension may file a motion with the
sentencing
court for
modification or
termination of the suspension. The person filing the
motion
shall demonstrate all of the following: (1) At least fifteen years have elapsed since the suspension
began. (2) For the past fifteen years, the person has not been
found
guilty of any felony, any offense involving a moving
violation under
federal law, the law of this state, or the law of
any of its political
subdivisions, or any violation of a
suspension under this chapter or a
substantially equivalent
municipal ordinance. (3) The person has proof of financial responsibility, a
policy of
liability insurance in effect that meets the minimum
standard set forth
in section 4509.51 of the Revised Code, or
proof, to the
satisfaction of the registrar of motor vehicles,
that the person is able to respond in damages in an amount at
least equal to the minimum amounts specified
in that section. (4) If the suspension was imposed because the person was
under
the influence of alcohol, a drug of abuse, or combination of
them at the
time of the offense or because at the time of the
offense the person's whole blood, blood serum or plasma, breath,
or urine contained at least the concentration of alcohol specified
in division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code or at least the concentration of a listed controlled substance or a listed metabolite of a controlled substance specified in division (A)(1)(j) of section 4511.19 of the Revised Code, the person also shall demonstrate
all of the
following: (a) The person successfully completed an alcohol, drug, or
alcohol and drug treatment program. (b) The person has not abused alcohol or other drugs for a
period
satisfactory to the court. (c) For the past fifteen years, the person has not been
found
guilty of any alcohol-related or drug-related offense. (B) Upon receipt of a motion for modification or termination
of
the suspension under this section, the court may schedule a
hearing on the
motion. The court may deny the motion without a hearing but shall not grant the motion without a hearing. If the court denies a motion without a hearing, the court may consider a subsequent motion filed under this section by that person. If a court denies the motion after a hearing, the court shall not consider a subsequent motion for that person. The court shall hear only one motion filed by a person under this section. If scheduled, the hearing shall be
conducted
in open court within ninety days after the date on which
the
motion is filed. (C) The court shall notify the person whose license was
suspended
and the prosecuting attorney of the date, time, and
location of the hearing.
Upon receipt of the
notice from the
court, the prosecuting attorney shall notify the
victim or the
victim's representative of the date, time, and location of the
hearing. (D) At any hearing under this section, the person who seeks
modification or termination of the suspension has the burden to
demonstrate,
under oath, that the person meets the requirements
of
division (A) of this section. At the hearing, the court
shall
afford the offender or the offender's counsel an opportunity
to
present oral or written information relevant to the motion.
The
court shall afford a similar opportunity to provide relevant
information to the prosecuting attorney and the victim or victim's
representative. Before ruling on the motion, the court shall take into
account the
person's driving record, the nature of the offense
that led to the
suspension, and the impact of the offense on any
victim. In addition,
if the offender is eligible for modification
or termination of the
suspension under division (A)(2) of this
section, the court shall
consider whether the person committed any
other offense while under suspension
and determine whether the
offense is relevant to a determination under this
section. The
court may modify or terminate the suspension subject to any
considerations it considers proper if it finds that allowing the
person to drive is not likely to present a danger to the public.
After the court makes a ruling on a motion filed under this
section, the
prosecuting attorney shall notify the victim
or the
victim's representative of the court's ruling. (E) If a court modifies a person's license suspension under
this
section and the person subsequently is found guilty of any
moving violation or
of
any substantially equivalent municipal
ordinance
that carries as a possible penalty the suspension of a
person's
driver's or commercial driver's license, the court may
reimpose
the class one or other lifetime suspension, or the class
two suspension,
whichever is applicable. (F) This section does not apply to any person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended for life under a class one suspension imposed under division (B)(3) of section 2903.06 or section 2903.08 of the Revised Code or a class two suspension imposed under division (C) of section 2903.06 or section 2903.11, 2923.02, or 2929.02 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. (j) Except as provided in division (K) of this section, the person has a concentration of any of the following controlled substances or metabolites of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds any of the following:
(i) The person has a concentration of amphetamine in the person's urine of at least five hundred nanograms of amphetamine per milliliter of the person's urine or has a concentration of amphetamine in the person's whole blood or blood serum or plasma of at least one hundred nanograms of amphetamine per milliliter of the person's whole blood or blood serum or plasma.
(ii) The person has a concentration of cocaine in the person's urine of at least one hundred fifty nanograms of cocaine per milliliter of the person's urine or has a concentration of cocaine in the person's whole blood or blood serum or plasma of at least fifty nanograms of cocaine per milliliter of the person's whole blood or blood serum or plasma.
(iii) The person has a concentration of cocaine metabolite in the person's urine of at least one hundred fifty nanograms of cocaine metabolite per milliliter of the person's urine or has a concentration of cocaine metabolite in the person's whole blood or blood serum or plasma of at least fifty nanograms of cocaine metabolite per milliliter of the person's whole blood or blood serum or plasma.
(iv) The person has a concentration of heroin in the person's urine of at least two thousand nanograms of heroin per milliliter of the person's urine or has a concentration of heroin in the person's whole blood or blood serum or plasma of at least fifty nanograms of heroin per milliliter of the person's whole blood or blood serum or plasma.
(v) The person has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's urine of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person's urine or has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's whole blood or blood serum or plasma of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person's whole blood or blood serum or plasma.
(vi) The person has a concentration of L.S.D. in the person's urine of at least twenty-five nanograms of L.S.D. per milliliter of the person's urine or a concentration of L.S.D. in the person's whole blood or blood serum or plasma of at least ten nanograms of L.S.D. per milliliter of the person's whole blood or blood serum or plasma.
(vii) The person has a concentration of marihuana in the person's urine of at least ten nanograms of marihuana per milliliter of the person's urine or has a concentration of marihuana in the person's whole blood or blood serum or plasma of at least two nanograms of marihuana per milliliter of the person's whole blood or blood serum or plasma.
(viii) Either of the following applies: (I) The person is under the influence of alcohol, a drug of abuse, or a combination of them, and, as measured by gas chromatography mass spectrometry, the person has a concentration of marihuana metabolite in the person's urine of at least fifteen nanograms of marihuana metabolite per milliliter of the person's urine or has a concentration of marihuana metabolite in the person's whole blood or blood serum or plasma of at least five nanograms of marihuana metabolite per milliliter of the person's whole blood or blood serum or plasma.
(II) As measured by gas chromatography mass spectrometry, the person has a concentration of marihuana metabolite in the person's urine of at least thirty-five nanograms of marihuana metabolite per milliliter of the person's urine or has a concentration of marihuana metabolite in the person's whole blood or blood serum or plasma of at least fifty nanograms of marihuana metabolite per milliliter of the person's whole blood or blood serum or plasma. (ix) The person has a concentration of methamphetamine in the person's urine of at least five hundred nanograms of methamphetamine per milliliter of the person's urine or has a concentration of methamphetamine in the person's whole blood or blood serum or plasma of at least one hundred nanograms of methamphetamine per milliliter of the person's whole blood or blood serum or plasma.
(x) The person has a concentration of phencyclidine in the person's urine of at least twenty-five nanograms of phencyclidine per milliliter of the person's urine or has a concentration of phencyclidine in the person's whole blood or blood serum or plasma of at least ten nanograms of phencyclidine per milliliter of the person's whole blood or blood serum or plasma. (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) (a) In any criminal prosecution or juvenile court proceeding for a violation of division (A)(1)(a) of this section or for an equivalent offense, the result of any test of any blood or urine withdrawn and analyzed at any health care provider, as defined in section 2317.02 of the Revised Code, may be admitted with expert testimony to be considered with any other relevant and competent evidence in determining the guilt or innocence of the defendant. (b) 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, controlled substances, metabolites of a controlled substance, 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
three hours of
the time of
the alleged violation. The three-hour time limit specified in this division regarding the admission of evidence does not extend or affect the two-hour time limit specified in division (A) of section 4511.192 of the Revised Code as the maximum period of time during which a person may consent to a chemical test or tests as described in that section. The court may admit evidence on the concentration of alcohol, drugs of abuse, or a combination of them as described in this division when When a person submits to a blood, breath, urine, or other bodily substance test at the request of a
law enforcement officer under section 4511.191 of the
Revised
Code, only or a blood or urine sample is obtained pursuant to a search warrant. Only a
physician, a registered nurse, or a qualified
technician,
chemist,
or phlebotomist shall withdraw a blood sample for
the
purpose of
determining
the
alcohol, drug, controlled substance, metabolite of a controlled substance, or
combination 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 under division (D)(1)(b) of this section 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 or less than the applicable concentration of a listed controlled substance or a listed metabolite of a controlled substance specified for a violation of division (A)(1)(j) 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 If the chemical test was obtained pursuant to division (D)(1)(b) of this section, 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, a controlled substance, or a metabolite of a controlled substance 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), (i), or (j)
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
laboratory
personnel issued a permit by the department of health authorizing an analysis as described in this division 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, a controlled substance, a metabolite of a controlled substance, 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.
Whoever violates division (A)(1)(j) of this section is guilty of operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled substance. The court shall sentence the offender for either offense 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), (e), or (j) 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 commercial driver's license or permit or
nonresident
operating privilege from the range specified in
division (A)(5) of
section 4510.02 of the Revised Code. The court
may grant limited driving privileges
relative to the suspension
under sections 4510.021 and 4510.13 of the
Revised
Code. (b)
Except as otherwise provided in division
(G)(1)(e)
of
this section,
an offender who, within six years of the offense,
previously
has been convicted of or pleaded guilty to one
violation of division
(A) or (B) of this section or one other
equivalent offense
is guilty of a misdemeanor of the first degree.
The court shall sentence the
offender to all of the
following: (i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) 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. The court may grant limited
driving
privileges relative to the suspension under sections
4510.021 and 4510.13 of
the Revised Code. (v)
In all cases, if the vehicle is registered in the
offender's
name, immobilization of the vehicle involved in the
offense for ninety days in
accordance with section
4503.233 of the
Revised Code and impoundment of the license plates
of that vehicle
for ninety days. (c)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously
has been convicted of or pleaded guilty to two
violations of division
(A) or (B) of this section or other
equivalent offenses is
guilty of a
misdemeanor. The court shall
sentence the offender to all
of the
following: (i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) 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. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code. (v)
In all cases, if the vehicle is registered in the
offender's
name, criminal forfeiture of the vehicle involved in
the offense in
accordance with section
4503.234 of the Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of criminal forfeiture under
this division. (vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section
3793.02 of the Revised
Code, subject to division (I) of this
section. (d)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously has been
convicted of or pleaded guilty to three or
four violations of division
(A) or (B) of this section or other
equivalent offenses or an offender who, within twenty years of the offense, previously has been convicted of or pleaded guilty to five or more violations of that nature is
guilty of a felony of the fourth degree.
The court shall
sentence the offender to all of the following: (i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) 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. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code. (v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of
criminal
forfeiture
under
this division. (vi)
In all cases, participation in an alcohol and drug
addiction
program
authorized by section 3793.02 of the Revised
Code, subject to
division (I) of this section. (vii)
In all cases, if the court sentences the offender to a
mandatory term of local incarceration, in addition to the
mandatory term, the
court, pursuant to section 2929.17 of the
Revised Code,
may impose a term
of house
arrest with electronic monitoring. The term shall not
commence until after the
offender has
served the mandatory term of local incarceration. (e)
An offender who previously has been convicted of or
pleaded
guilty to a violation of
division (A) of this section that
was a felony, regardless
of when the violation and the conviction
or guilty plea occurred, is guilty of
a felony of the third
degree. The court shall sentence the offender to all of
the
following: (i)
If the offender is being sentenced for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) 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. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code. (v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle
that is subject to an order of
criminal
forfeiture under
this division. (vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section 3793.02 of the Revised
Code,
subject to division (I) of this section. (2) An offender who is convicted of or pleads guilty to a
violation of division (A) of this section and who subsequently
seeks reinstatement of the driver's or occupational driver's
license or permit
or nonresident operating privilege
suspended
under this section as a result of the conviction or
guilty plea
shall pay a reinstatement fee as provided in division
(F)(2) of
section 4511.191 of the Revised Code. (3) If an offender is sentenced to a jail term under
division
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and if,
within sixty days of
sentencing of the offender,
the court issues a written finding on the record
that, due to the
unavailability of space at the
jail where the offender is required
to serve the term, the offender will not
be able to begin serving
that term within the
sixty-day period following the date of
sentencing, the court may
impose an alternative sentence under
this division that includes a
term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. As an alternative to a mandatory jail term of ten consecutive
days
required by division (G)(1)(b)(i) of this
section, the court,
under this division, may sentence the
offender to five consecutive
days in jail and not less than eighteen consecutive days of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The cumulative total of
the five consecutive days in
jail and the period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall
not exceed six months. The five
consecutive days in jail do not
have to be served prior to or
consecutively to the period of house
arrest. As an alternative to the mandatory jail term of twenty
consecutive
days required by division (G)(1)(b)(ii)
of
this
section, the
court, under this division, may sentence the offender
to ten consecutive days
in jail and not less than thirty-six
consecutive days of
house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The
cumulative total of the ten consecutive days in
jail and the
period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall
not exceed
six months. The ten consecutive days in jail do not
have to be
served prior to or consecutively to the period of house
arrest. As an alternative to a mandatory jail term of thirty
consecutive
days required by division (G)(1)(c)(i) of
this
section, the court,
under this division, may sentence the offender
to fifteen consecutive days in
jail and not less than fifty-five
consecutive days of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The
cumulative total of the fifteen
consecutive days in jail and the
period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall not exceed
one year. The fifteen
consecutive days in jail
do not have to be
served prior to or
consecutively to the period of house arrest. As an alternative to the mandatory jail term of sixty
consecutive
days required by division (G)(1)(c)(ii)
of
this
section, the
court, under this division, may sentence the offender
to thirty
consecutive days in jail and not less than one hundred
ten
consecutive days of house arrest with electronic monitoring, with continuous 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), (e), or (j) 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
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)
Division (A)(1)(j) of this section does not apply to a person who operates a vehicle, streetcar, or trackless trolley while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the amount specified in that division, if both of the following apply: (1) The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs. (2) The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions. (L) The prohibited concentrations of a controlled substance or a metabolite of a controlled substance listed in division (A)(1)(j) of this section also apply in a prosecution of a violation of division (D) of section 2923.16 of the Revised Code in the same manner as if the offender is being prosecuted for a prohibited concentration of alcohol. (M) 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. (N)(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
(N)(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.
Section 2. That existing sections 2743.51, 2743.56, 2903.06, 2903.08, 2903.11, 2909.32, 2909.33, 2909.34, 2923.02, 2929.01, 2929.02, 2929.13, 2929.14, 2929.18, 2929.19, 2945.75, 2953.08, 4503.233, 4503.234, 4507.02, 4507.08, 4507.164, 4510.10, 4510.13, 4510.16, 4510.161, 4510.41, 4510.54, and 4511.19 of the Revised Code are hereby repealed. Section 3. That Section 6 of Am. Sub. S.B. 238 of the 126th General Assembly be amended to read as follows:
Sec. 6. (A) There is hereby created the Task Force on Implementing the Federal Domestic Violence Option in the Ohio Works First Program. The Task Force shall consist of the following members: (1) Three members of the Senate, to be appointed by the President of the Senate, not more than two of whom shall belong to the same political party as the President of the Senate;
(2) Three members of the House of Representatives, to be appointed by the Speaker of the House of Representatives, not more than two of whom shall belong to the same political party as the Speaker of the House of Representatives.
(3) The Director of Job and Family Services, or the Director's designee;
(4) The following individuals, to be appointed by the Governor:
(a) Two individuals representing the Ohio Empowerment Coalition;
(b) Two individuals representing domestic violence prevention organizations;
(c) One individual who has been a victim of domestic violence;
(d) One individual from a county department of job and family services;
(e) One county prosecuting attorney.
Initial appointments to the Task Force shall be made not later than forty-five days after the effective date of this section. Vacancies shall be filled in the manner provided for initial appointments.
(B) The Task Force shall convene for its first meeting not later than ninety days after the effective date of this section. The Task Force shall organize by electing a chairperson from among its members. A majority of the members constitutes a quorum for the conduct of meetings and transaction of business.
(C) The Task Force shall do all of the following:
(1) Study issues surrounding the implementation of the federal domestic violence option as an exemption to the work and time limit requirements for benefits under the Ohio Works First program, as authorized by the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42 U.S.C. 602(A)(7); (2) Assess the current status of domestic violence services in each county, including counseling and screening;
(3) Review the application and implementation of the federal domestic violence option in other states;
(4) Conduct public meetings in different parts of the state throughout its existence.
(D) Not later than December 31, 2006 March 31, 2007, the Task Force shall prepare and submit a report to the Governor, the President and Minority Leader of the Senate, and the Speaker and Minority Leader of the House of Representatives. The report shall include recommendations on how to implement the federal domestic violence option within the Ohio Works First Program. On submission of the report, the Task Force shall cease to exist.
Section 4. That existing Section 6 of Am. Sub. S.B. 238 of the 126th General Assembly is hereby repealed.
Section 5. (A) Section 2903.08 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. H.B. 52 and Am. Sub. H.B. 163 of
the 125th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
(B) Section 2929.01 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 95 and Am. Sub. H.B. 162 of
the 126th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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