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Sub. S. B. No. 8 As Reported by the Senate Judiciary--Criminal Justice CommitteeAs Reported by the Senate Judiciary--Criminal Justice Committee
126th General Assembly | Regular Session | 2005-2006 |
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Senators Austria, Jacobson, Gardner, Coughlin, Zurz, Mumper, Padgett, Clancy, Grendell
A BILL
To amend sections 1547.11, 1547.111, 1547.99, 1905.01, 1905.03, 1905.05, 1905.201, 2317.02, 2317.022, 2317.422, 2743.51, 2919.22, 2923.16, 2937.46, 2951.02, 3701.143, 3937.41, 4506.17, 4510.01, 4510.032, 4510.036, 4510.17, 4510.54, 4511.181, 4511.19, 4511.191, 4511.192, 4511.194, and 4766.15 of the Revised Code to prohibit the operation of a vehicle or vessel if a statutorily specified concentration of amphetamine, cocaine, cocaine metabolite, heroin, heroin metabolite (6-monoacetyl morphine), L.S.D., marihuana, marihuana metabolite, methamphetamine, or phencyclidine is present in the operator's blood or urine, subject to certain exceptions and to extend the time within which a chemical test of an arrested person's whole blood, blood serum or plasma, breath, or urine must be taken in order for the results of the test to be admissible as evidence.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1547.11, 1547.111, 1547.99, 1905.01, 1905.03, 1905.05, 1905.201, 2317.02, 2317.022, 2317.422, 2743.51, 2919.22, 2923.16, 2937.46, 2951.02, 3701.143, 3937.41, 4506.17, 4510.01, 4510.032, 4510.036, 4510.17, 4510.54, 4511.181, 4511.19, 4511.191, 4511.192, 4511.194, and 4766.15 of the Revised Code be amended to read as follows:
Sec. 1547.11. (A) No person shall operate or be in physical
control of any vessel underway or shall manipulate any water
skis,
aquaplane, or similar device on the waters in this state if,
at
the time of the operation, control, or manipulation, any of
the
following
applies: (1) The person is under the influence of alcohol, a drug
of
abuse, or
a combination of them. (2) The person has a concentration of eight-hundredths of
one
per cent or more by weight of alcohol
per unit volume in the
person's
whole blood. (3)
The person has a concentration of ninety-six-thousandths of
one per cent or
more by weight per unit volume of alcohol in the
person's blood serum or
plasma. (4) The person has a concentration of eleven-hundredths
of
one gram or more by weight of alcohol per one hundred
milliliters
of the person's urine. (5) The person has a concentration of eight-hundredths of
one
gram or more by weight of alcohol per two hundred ten liters
of
the person's breath.
(6) Except as provided in division (H) 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:
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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 has 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.
(g) 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.
(h) 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.
(i) 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.
(j) 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.
(B) No person under twenty-one years of age shall operate or
be in
physical control of any vessel underway or shall manipulate
any water skis,
aquaplane, or similar device on the waters in this
state if,
at
the time of the operation, control, or manipulation,
any of the
following applies: (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 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. (4) 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. (C) In any proceeding arising out of one incident, a person
may
be charged with a violation of division (A)(1) and a violation
of
division (B)(1), (2),
(3),
or
(4) of this
section, but the
person shall
not be convicted of more than one violation of those
divisions. (D)(1) In any criminal prosecution
or juvenile court
proceeding for a violation of
division (A) or (B) of this
section
or
for an equivalent
violation, 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
or child's whole blood,
blood serum or
plasma, urine,
or
breath at the time of the alleged violation as
shown by
chemical
analysis of the
substance
withdrawn, or
specimen taken
within
two 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 (C) of section 1547.111 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. When a person submits to a blood test, only a physician,
a
registered nurse, or
a qualified technician,
chemist,
or
phlebotomist shall
withdraw blood for the purpose of determining
the alcohol, drug, controlled substance, metabolite of a controlled substance,
or alcohol and drug 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
defendant or
child would be
endangered by
withdrawing
blood. The
whole blood,
blood serum or plasma, urine, or breath
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
a
violation
of a prohibition that is substantially equivalent to
division
(A)
of this section, if there was at the time the
bodily substance was
taken a
concentration of
less than
the
applicable concentration
of
alcohol specified
for a
violation of
division (A)(2), (3), (4),
or
(5) 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)(6) of this section,
that fact may
be considered with other
competent evidence
in
determining the
guilt or innocence of the
defendant
or in making
an
adjudication
for the child.
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
a violation of a
prohibition
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
completion
of the test
analysis. The person tested may have a physician,
a registered nurse,
or
a qualified technician, chemist,
or
phlebotomist of the
person's own
choosing administer
a chemical test or tests in
addition to any administered at the
direction of a law enforcement
officer, and shall be so advised.
The failure or inability to
obtain an additional test by a person
shall not preclude the
admission of evidence relating to the test
or tests taken at the
direction of a law enforcement officer. (E)(1) In any criminal prosecution or juvenile court
proceeding for a violation of division (A) or (B) of this section
or for an equivalent violation, if a law enforcement officer has
administered a field
sobriety test to the operator or person found
to be in physical
control of the vessel underway involved in the
violation or the
person manipulating the water skis, aquaplane, or
similar device
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
reliable, credible, and generally accepted field
sobriety tests
for vehicles that were in effect at the time the
tests were
administered, including, but not limited to, any
testing standards
then in effect that have been set by the
national
highway traffic
safety administration, that by their
nature are not
clearly
inapplicable regarding the operation or
physical control
of
vessels underway or the manipulation of water
skis, aquaplanes,
or
similar devices, all of the following apply:
(a) The officer may testify concerning the results of the
field sobriety test so administered.
(b) 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. (c) If testimony is presented or evidence is introduced under
division (E)(1)(a) or (b) 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.
(2) Division (E)(1) 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
(E)(1) of this section. (F)(1)
Subject to division
(F)(3) of this section, in
any
criminal prosecution or juvenile court proceeding for a violation
of this
section or for an equivalent violation, the court shall
admit as prima-facie
evidence a laboratory report from any
forensic laboratory
certified 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. 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
(F)(1) of this section is not
admissible against the
defendant
or
child 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 or
child's attorney or, if the defendant or child has no attorney,
on
the defendant or child. (3) A report of the type described in division
(F)(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 or child to whom the report pertains or the
defendant's
or child's attorney receives a copy of the report, the
defendant or child or
the defendant's or child'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. (G) 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 a hospital, first-aid station, or clinic at which
blood is withdrawn from a person pursuant to this section, is
immune from criminal
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. (H) Division (A)(6) of this section does not apply to a person who operates or is in physical control of a vessel underway or manipulates any water skis, aquaplane, or similar device 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. (I)
As used in this
section
and section 1547.111 of the
Revised Code: (1)
"Equivalent violation" means a violation of a municipal
ordinance, law
of another state, or law of the United States that
is
substantially equivalent to division (A) or (B) of this
section. (2)
"National highway traffic safety administration" has the
same meaning as in section 4511.19 of the Revised Code. (3)
"Operate" means that a
vessel is being used on the
waters
in this state when the vessel is not
securely affixed to a
dock or
to shore or to any permanent structure to which
the vessel
has the
right to affix or that a vessel is not anchored in a
designated
anchorage area or boat camping area that is established
by the
United States coast guard, this state, or a political
subdivision
and in which the vessel has the right to anchor.
(4) "Controlled substance" and "marihuana" have the same meanings as in section 3719.01 of the Revised Code.
(5) "Cocaine" and "L.S.D." have the same meanings as in section 2925.01 of the Revised Code.
Sec. 1547.111. (A)(1) Any person who operates
or is in
physical
control of a vessel or
manipulates any water skis,
aquaplane, or
similar device upon any waters
in this state shall
be deemed to
have given consent to a chemical
test or tests
to
determine the
alcohol, drug of abuse,
controlled substance, metabolite of a controlled substance, or alcohol and drug of
abuse
combination content
of
the person's whole blood, blood serum or plasma,
breath, or
urine
if arrested
for
operating
or being
in physical
control of a vessel or
manipulating any water
skis,
aquaplane, or
similar device in violation of section 1547.11
of
the Revised Code
or a substantially equivalent municipal
ordinance.
(2)
The test or tests
under division (A) of this
section
shall be
administered at the
direction of a law enforcement
officer having reasonable grounds
to believe the person
was
operating
or in
physical control of a vessel or
manipulating
any
water skis, aquaplane, or similar device in
violation of
section
1547.11 of the Revised Code
or a
substantially equivalent
municipal
ordinance. The law enforcement
agency
by which the
officer is employed shall designate which
test
or tests shall be
administered. (B) Any person who is dead
or unconscious or
who otherwise
is in a condition rendering the person incapable
of
refusal shall
be deemed
to have
consented as
provided
in division (A)(1) of
this section,
and the test or tests may be
administered,
subject
to sections 313.12 to 313.16 of the Revised
Code. (C) Any person under arrest for
violating section 1547.11
of the Revised Code
or a
substantially equivalent municipal
ordinance shall be advised
of
the consequences of refusing to
submit to a
chemical test
or tests
designated
as provided in
division
(A) of this section. The advice shall be in a written
form
prescribed by the chief of the division of watercraft and
shall
be
read to the person. The form shall contain a statement
that
the
form was shown to the person under arrest and read to the
person
by the arresting officer. The
reading of the form shall
be witnessed by one or
more
persons, and the witnesses shall
certify to this fact by
signing
the form. The person must submit to the chemical test or tests, subsequent to the request of the arresting officer, within two hours of the time of the alleged violation, and if the person does not submit to the test or tests within that two-hour time limit, the failure to submit automatically constitutes a refusal to submit to the test or tests. (D) If a
law enforcement officer asks a person under arrest
for
violating section
1547.11 of the Revised Code
or a
substantially equivalent municipal
ordinance to submit to a
chemical test
or tests as
provided in
division
(A) of this
section,
if the arresting
officer
advises
the person of the
consequences of
the
person's refusal as
provided in division (C)
of
this section,
and if the person
refuses to submit, no chemical
test
shall be
given.
Upon receipt of
a sworn statement of
the
officer that the
arresting law enforcement officer had
reasonable
grounds to believe the arrested person
violated section 1547.11
of the Revised Code or
a substantially
equivalent municipal
ordinance and that the person
refused to
submit to the chemical
test upon
the
request of the
officer, and upon receipt of the
form as provided in
division (C) of this section certifying that
the arrested person
was advised of the consequences of the
refusal,
the chief of the
division of watercraft shall inform the
person by written notice
that the
person is prohibited from
operating
or being in physical
control of a
vessel,
from
manipulating
any
water skis,
aquaplane, or
similar device, and
from
registering
any watercraft
in accordance with section 1547.54
of
the Revised
Code, for one
year following the date of the
alleged
violation.
The suspension of these
operation,
physical
control,
manipulation, and
registration privileges
shall
continue
for
the entire
one-year
period, subject to review as
provided in
this
section. If the person under arrest is the owner of the vessel
involved in the alleged violation, the
law enforcement officer who
arrested the person shall
seize the watercraft registration
certificate and tags from the
vessel involved in the violation and
forward them to the chief. The chief shall retain the
impounded
registration certificate and tags and shall impound
all other
registration
certificates and tags issued to the person in
accordance with sections 1547.54 and 1547.57 of the Revised Code,
for a period of one year following the date of the alleged
violation,
subject to review as provided in this section. If the arrested person fails to surrender the
registration
certificate because it is not on the person of the
arrested person
or in the watercraft, the law enforcement
officer who made the
arrest shall order the person to
surrender it within twenty-four
hours to the law enforcement officer or the
law enforcement agency
that employs the law enforcement officer.
If the person fails to
do so, the law
enforcement officer shall notify the chief of that
fact in the
statement the officer submits to the chief under this
division. (E) Upon suspending a person's operation,
physical control,
manipulation,
and
registration privileges in accordance with
division (D)
of this
section, the chief shall notify the
person in
writing, at
the person's last known address, and
inform the person
that the
person may
petition for a hearing in accordance with
division (F)
of this section. If a
person whose operation,
physical control,
manipulation,
and registration
privileges
have been suspended
petitions for
a hearing or appeals any
adverse
decision, the suspension
shall
begin at the
termination
of any
hearing or appeal unless the
hearing or appeal
results in a
decision
favorable to the person. (F) Any person who has been notified by the chief that the
person is prohibited from
operating
or being in physical control
of a vessel or
manipulating any
water skis, aquaplane, or
similar
device
and
from registering any watercraft in accordance
with section
1547.54 of the Revised Code, or who has had the
registration
certificate and tags of the person's watercraft
impounded
pursuant
to
division (D) of this section, within twenty
days of the
notification or impoundment, may file a petition in
the municipal
court or the county court, or if the person is a
minor
in juvenile
court,
with jurisdiction
over the place
at
which the
arrest
occurred,
agreeing to pay the cost of the
proceedings and
alleging
error in
the action taken by the chief
under
division (D)
of this
section or alleging one or more of the
matters within the
scope of
the hearing as provided in this
section, or both. The
petitioner
shall notify the chief of the
filing of the
petition
and send
the
chief a copy of the petition. The scope of the hearing is limited to the issues of
whether
the law enforcement officer had reasonable grounds to
believe the
petitioner was operating
or in physical control of a vessel
or
manipulating any water
skis, aquaplane, or similar device
in
violation of
section 1547.11
of the Revised Code or a
substantially equivalent municipal
ordinance,
whether the
petitioner was placed under arrest, whether
the petitioner
refused
to submit to the chemical test upon request
of the
officer, and
whether the petitioner was advised of the
consequences of the
petitioner's refusal. (G)(1) The chief shall
furnish the court a copy of the
affidavit as provided in division
(C) of this section and any
other relevant information requested
by the court. (2) In hearing the matter and in determining whether the
person has shown error in the decision taken by the chief as
provided in
division (D) of this
section, the court shall decide
the issue upon the relevant,
competent, and material evidence
submitted by the chief or the person whose
operation,
physical
control,
manipulation,
and
registration privileges have been
suspended. In the proceedings, the chief shall be represented by
the
prosecuting attorney of the county in which the petition is
filed
if the petition is filed in a county court or juvenile
court,
except that if the arrest occurred within a city or
village within
the jurisdiction of the county court in which the
petition is
filed, the city director of law or village solicitor
of that city
or village shall represent the chief. If the
petition is filed in
the municipal court, the chief shall be
represented as provided in
section 1901.34 of the
Revised
Code. (3) If the court finds from the evidence submitted that
the
person has failed to show error in the action taken by the
chief
under division (D) of this
section or in one or more of the
matters within the scope of the
hearing as provided in division
(F) of this section, or both,
the court shall assess the cost of
the proceeding against
the person and shall uphold the suspension
of the operation,
physical
control, use, and registration
privileges provided in division (D)
of this
section. If the court
finds that the person has shown error in
the action taken by the
chief under
division (D) of this section or in one or more of the
matters
within the scope of the hearing as provided in division
(F) of
this section, or both, the cost of the proceedings shall be
paid
out of the county treasury of the county in which the
proceedings
were held,
the chief shall reinstate the operation,
physical
control,
manipulation,
and registration privileges of
the
person
without charge, and
the chief shall
return the
registration
certificate and tags, if impounded,
without charge. (4) The court shall give information in writing of any
action taken under this section to the chief. (H) At the end of any period of suspension or impoundment
imposed under this section, and upon request of the person whose
operation,
physical control, use,
and registration privileges
were
suspended or
whose registration certificate and tags were
impounded, the chief
shall reinstate the person's
operation,
physical control,
manipulation, and registration privileges by
written
notice and
return the certificate and tags. (I) No person who has received written notice from the
chief
that the person is
prohibited from operating
or being in physical
control of a vessel,
from
manipulating any water skis,
aquaplane, or
similar
device, and from registering a watercraft,
or who has had
the
registration certificate and tags of the
person's watercraft
impounded, in
accordance with division (D) of
this section, shall
operate
or be in
physical control of a vessel
or
manipulate any water
skis, aquaplane, or
similar device for
a period of one year
following the date of the person's
alleged
violation of section
1547.11 of the Revised Code
or the
substantially equivalent
municipal ordinance.
Sec. 1547.99. (A) Whoever violates section 1547.91 of the
Revised Code is guilty of a felony of the fourth degree. (B) Whoever violates section 1547.10, division (I) of
section 1547.111, section 1547.13, or section 1547.66 of the
Revised Code is guilty of a misdemeanor of the first degree. (C) Whoever violates a provision of this chapter or a rule
adopted thereunder, for which no penalty is otherwise provided,
is
guilty of a minor misdemeanor. (D) Whoever violates section 1547.07 or 1547.12 of the
Revised Code without causing injury to persons or damage to
property is guilty of a misdemeanor of the fourth degree. (E) Whoever violates section 1547.07 or 1547.12 of the
Revised Code causing injury to persons or damage to property is
guilty of a misdemeanor of the third degree. (F) Whoever violates division (M) of section 1547.54,
division (G) of section 1547.30, or section 1547.131, 1547.25,
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92
of the
Revised Code or a rule adopted under division (A)(2) of
section
1547.52 of the Revised Code is guilty of a misdemeanor of
the
fourth degree. (G) Whoever violates section 1547.11 of the Revised Code
is
guilty of a misdemeanor of the first degree and shall be
punished
as provided in division (G)(1), (2), or (3) of this
section. (1) Except as otherwise provided in division (G)(2) or (3)
of this
section, the
court shall sentence the offender to a
jail
term
of
three consecutive days and may sentence
the
offender pursuant to
section
2929.24 of the Revised
Code to a
longer
jail term. In addition, the
court shall impose
upon the
offender a fine of not less than one
hundred fifty nor
more than
one thousand dollars. The court may suspend the execution of the mandatory
jail
term of three
consecutive days
that it is required
to impose by
division (G)(1) of this section if the court, in
lieu
of the
suspended
jail 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 that
is certified pursuant to
section
3793.10 of the Revised Code. The
court also may suspend
the
execution of any part of the mandatory
jail term of three consecutive days
that it is
required to impose by division
(G)(1)
of this section if
the court
places the offender
under a community control
sanction pursuant to section 2929.25 of the Revised Code for
part
of the three
consecutive days; requires the offender to
attend,
for that part
of the three consecutive days, a drivers'
intervention program
that is certified pursuant to section 3793.10
of the Revised
Code; and sentences the offender to a
jail term
equal
to the remainder of the three consecutive days
that the offender
does not spend attending the drivers'
intervention program. The
court may require the offender, as a
condition of
community control, to
attend and
satisfactorily complete any
treatment or education
programs, in
addition to the required
attendance at a drivers'
intervention
program, that the operators
of the drivers'
intervention program
determine that the offender
should attend
and to report
periodically to the court on the
offender's progress
in the
programs. The court also may impose
any other conditions of
community control on the offender that it
considers
necessary. (2) If, within
six years of the offense, the offender
has
been convicted of or pleaded guilty to one violation of
section
1547.11 of the Revised Code, of a municipal ordinance
relating to
operating a watercraft or manipulating any water skis,
aquaplane,
or similar device while under the influence of alcohol,
a drug of
abuse, or
a combination of
them, of a municipal ordinance
relating to operating a watercraft
or manipulating any water
skis,
aquaplane, or similar device 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, of division
(A)(1) of
section
2903.06 of the Revised Code,
or of division
(A)(2), (3),
or (4) of
section 2903.06 of the
Revised Code
or
section
2903.06 or
2903.07 of the Revised Code
as
they existed prior to March 23,
2000, in a case in which
the jury
or judge found that the offender
was under the influence
of
alcohol, a drug of abuse, or
a combination of them, the
court
shall
sentence the offender to a
jail term
of
ten
consecutive
days and may sentence the offender pursuant to
section
2929.24 of
the Revised Code to a longer
jail term. In
addition,
the court shall impose upon the
offender a fine of not
less than
one hundred fifty nor more than
one thousand dollars. In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. (3) If, within
six years of the offense, the offender
has
been convicted of or pleaded guilty to more than one violation
identified in
division (G)(2) of this section,
the court shall
sentence the offender to a
jail term
of thirty
consecutive days and may sentence the
offender to a longer
jail
term
of not more than one
year. In addition, the
court
shall impose upon the offender a
fine of not less than one
hundred
fifty nor more than one
thousand dollars. In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. (4) Upon a showing that
serving a jail term
would seriously
affect
the ability of an offender sentenced
pursuant to division
(G)(1),
(2), or (3) of this section to
continue the offender's
employment,
the court may authorize that
the offender be granted work release
after the
offender has served the
mandatory jail term of three, ten,
or
thirty consecutive days
that the court is
required
by division (G)(1), (2), or (3) of this section to
impose. No
court shall authorize work release
during the
mandatory jail term of
three, ten, or thirty consecutive days
that the
court is required by division (G)(1), (2),
or (3) of
this section
to impose. The duration of the work
release shall
not exceed the
time necessary each day for the
offender to
commute to and from
the place of employment and the
place
in which the jail term is served and the
time
actually spent under employment. (5) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence or the placement of an offender in any treatment program
in lieu of
being imprisoned or serving a jail term,
no court shall suspend the
mandatory jail term of ten or thirty
consecutive days
required to be imposed by
division (G)(2) or (3) of this section or place an offender who
is
sentenced pursuant to division (G)(2) or (3) of this section
in
any treatment program in lieu of
being imprisoned or
serving a jail term until after the
offender has served the
mandatory jail term of ten or thirty consecutive days
required to be imposed pursuant to division (G)(2)
or
(3) of this section. Notwithstanding any section of the
Revised
Code that authorizes the suspension of the imposition or
execution
of a sentence or the placement of an offender in any
treatment
program in lieu of
being imprisoned or serving a jail
term, no court, except as
specifically
authorized by division
(G)(1) of this section, shall
suspend the
mandatory jail term of
three consecutive days
required to be
imposed by
division (G)(1) of this section or place an offender
who is
sentenced pursuant to division (G)(1) of this section in
any
treatment program in lieu of imprisonment until after the
offender
has served the
mandatory jail term of three consecutive days
required to
be imposed pursuant to division (G)(1) of
this
section.
(6) As used in division (G) of this section, "jail term" and
"mandatory jail term" have the same meanings as in section 2929.01
of the Revised Code. (H) Whoever violates section 1547.304 of the Revised Code
is
guilty of a misdemeanor of the fourth degree and also shall be
assessed any costs incurred by the state or a county, township,
municipal corporation, or other political subdivision in
disposing
of an abandoned junk vessel or outboard motor, less any
money
accruing to the state, county, township, municipal
corporation, or
other political subdivision from that
disposal. (I) Whoever violates division (B) or (C) of section
1547.49
of the Revised Code is guilty of a minor misdemeanor. (J) Whoever violates section 1547.31 of the Revised Code is
guilty of a
misdemeanor of the fourth degree on a first offense.
On each subsequent
offense, the person is guilty of a misdemeanor
of the third degree. (K) Whoever violates section 1547.05 or 1547.051 of the
Revised Code is guilty
of a misdemeanor of the fourth degree if
the violation is not related to a
collision, injury to a person,
or damage to property and a misdemeanor of the
third degree if the
violation is related to a collision, injury to a person,
or damage
to property. (L) The sentencing court, in addition to the penalty
provided
under this section for a violation of this chapter or a
rule adopted under it
that involves a powercraft powered by more
than ten horsepower and that, in
the opinion of the court,
involves a threat to the safety of persons or
property, shall
order the offender to complete successfully a boating course
approved by the national association of state boating law
administrators
before the offender is allowed to operate a
powercraft powered by more than
ten horsepower on the waters in
this state. Violation of a court order
entered under this
division is punishable as contempt under Chapter
2705. of the
Revised Code.
Sec. 1905.01. (A) In
Georgetown in Brown county, in Mount
Gilead in Morrow county, and in all
other municipal corporations having a population of more than one hundred,
other than
Batavia in Clermont county, not being
the site of a
municipal
court nor a place where a judge of the
Auglaize county,
Crawford
county, Jackson county, Miami county,
Portage county, or
Wayne
county municipal court sits as required
pursuant to section
1901.021 of the Revised Code or by
designation of the judges
pursuant to section 1901.021 of the
Revised Code, the mayor of the
municipal corporation has
jurisdiction, except as provided in
divisions (B),
(C), and (E) of this
section and subject to the
limitation contained in section
1905.03 and the limitation
contained in section 1905.031 of the
Revised Code, to hear and
determine any prosecution for the
violation of an ordinance of the
municipal corporation, to hear
and determine any case involving a
violation of a vehicle parking
or standing ordinance of the
municipal corporation unless the
violation is required to be
handled by a parking violations
bureau or joint parking violations
bureau pursuant to Chapter
4521. of the Revised Code, and to hear
and determine all criminal
causes involving any moving traffic
violation occurring on a
state highway located within the
boundaries of the municipal
corporation, subject to the
limitations of sections 2937.08 and
2938.04 of the Revised Code. (B)(1) In
Georgetown in Brown county, in Mount Gilead in
Morrow county, and in all
other municipal corporations having a population of more than one hundred, other than
Batavia
in
Clermont county, not being the site of
a municipal
court nor a
place where a judge of a court listed in
division (A)
of this
section sits as required pursuant to section
1901.021 of
the
Revised Code or by designation of the judges
pursuant to
section
1901.021 of the Revised Code, the mayor of
the municipal
corporation has jurisdiction, subject to the
limitation contained
in section 1905.03 of the Revised Code, to
hear and determine
prosecutions involving a violation of an
ordinance of the
municipal corporation relating to operating a
vehicle while under
the influence of alcohol, a drug of abuse, or
a
combination of
them or relating to operating 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, and to
hear and determine
criminal
causes involving a
violation of
section 4511.19 of the
Revised
Code that occur on a
state highway
located within the
boundaries
of the municipal
corporation,
subject to the
limitations of
sections 2937.08 and
2938.04 of the
Revised Code,
only if the
person charged with the
violation,
within six years of
the date of
the violation
charged, has not
been convicted of or
pleaded guilty
to any of
the following: (a) A violation of an ordinance of any municipal
corporation
relating to operating a vehicle while under the
influence of
alcohol, a drug of abuse, or
a
combination of them or
relating
to operating 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; (b) A violation of section 4511.19 of the Revised Code; (c) A violation of any ordinance of any municipal
corporation or of any section of the Revised Code that regulates
the operation of vehicles, streetcars, and trackless trolleys
upon
the highways or streets,
to which all of the
following
apply: (i) The person, in the case in which the conviction was
obtained or the plea of guilty was entered, had been charged with
a violation of an ordinance of
a type described in division
(B)(1)(a)
of this section, or with a violation of section
4511.19
of the
Revised Code; (ii) The charge of the violation described in division
(B)(1)(c)(i) of this section was dismissed or reduced; (iii) The violation of which the person was convicted or
to
which the person pleaded guilty arose out of the same
facts and
circumstances and the same act as did the charge that was
dismissed or reduced. (d) A violation of a statute of the United States or of any
other state or a
municipal ordinance of a municipal corporation
located in any other state that
is substantially similar to
section 4511.19 of the Revised Code. (2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (B)(1)(a) or
(b)
of this section, regardless of where the violation occurred,
if
the person charged with the violation, within six years of
the
violation charged, has been convicted of or pleaded guilty to
any
violation listed in division (B)(1)(a), (b), (c), or
(d) of this
section. If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the
municipal
corporation the mayor serves relating to operating
a vehicle while
under the influence of alcohol, a drug of abuse, or
a
combination of them or relating to operating 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, or in
hearing a
criminal cause
involving a violation of
section 4511.19
of the
Revised Code,
determines that the person
charged, within
six years
of the
violation charged, has
been
convicted of or
pleaded guilty
to any
violation listed in
division (B)(1)(a), (b),
(c), or (d) of
this
section, the mayor
immediately shall transfer
the case to the
county court or
municipal court with jurisdiction
over the
violation charged, in
accordance with section 1905.032 of
the
Revised Code. (C)(1) In
Georgetown in Brown county, in Mount Gilead in
Morrow county, and in all
other municipal corporations having a population of more than one hundred, other than
Batavia
in
Clermont county, not being the site of
a municipal
court and not
being a place where a judge of a court
listed in
division (A) of
this section sits as required pursuant
to section
1901.021 of the
Revised Code or by designation of the
judges
pursuant to section
1901.021 of the Revised Code, the
mayor of the
municipal
corporation, subject to sections 1901.031,
2937.08, and
2938.04 of
the Revised Code, has jurisdiction to
hear and
determine
prosecutions involving a violation of a
municipal
ordinance that
is substantially equivalent to division
(A)
of
section 4510.14 or
section
4510.16 of the Revised Code and
to
hear and determine
criminal causes that involve a moving
traffic
violation, that
involve a violation of division
(A)
of section
4510.14 or section
4510.16 of the
Revised Code, and that occur on
a state
highway
located within the
boundaries of the municipal
corporation only if
all of the
following apply regarding the
violation and the person
charged: (a) Regarding a violation of
section
4510.16 of the
Revised Code or a violation of a
municipal
ordinance that is
substantially equivalent to that division, the
person charged with
the violation, within
six years of the
date
of the violation
charged, has not been convicted of or
pleaded
guilty to any of the
following: (i) A violation of
section
4510.16 of the Revised Code; (ii) A violation of a municipal ordinance that is
substantially equivalent to
section
4510.16 of the Revised Code; (iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets,
in a case in which, after a charge against the person of a
violation of a type described in division (C)(1)(a)(i) or (ii) of
this section was dismissed or reduced, the person is convicted of
or pleads guilty to a violation that arose out of the same facts
and circumstances and the same act as did the charge that was
dismissed or reduced. (b) Regarding a violation of division
(A) of section
4510.14 of the Revised Code or a violation of a
municipal
ordinance that is substantially equivalent to that division, the
person charged with the violation, within
six years of the
date
of the violation charged, has not been convicted of or
pleaded
guilty to any of the following: (i) A violation of division
(A) of section
4510.14 of the
Revised Code; (ii) A violation of a municipal ordinance that is
substantially equivalent to division
(A) of section
4510.14 of
the Revised Code; (iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets
in
a case in which, after a charge against the person of a
violation
of a type described in division (C)(1)(b)(i) or (ii) of
this
section was dismissed or reduced, the person is convicted of
or
pleads guilty to a violation that arose out of the same facts
and
circumstances and the same act as did the charge that was
dismissed or reduced. (2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(a)(i) or
(ii) of this section if the person charged with the violation,
within
six years of the violation charged, has been convicted
of
or pleaded guilty to any violation listed in division
(C)(1)(a)(i), (ii), or (iii) of this section and does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(b)(i) or
(ii) of this section if the person charged with the violation,
within
six years of the violation charged, has been convicted
of
or pleaded guilty to any violation listed in division
(C)(1)(b)(i), (ii), or (iii) of this section. (3) If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the
municipal
corporation the mayor serves that is substantially
equivalent to
division
(A)
of section
4510.14 or section
4510.16 of the
Revised
Code or a violation of division
(A)
of section 4510.14 or
section
4510.16 of the
Revised Code, determines that, under
division
(C)(2) of this section, mayors do not have jurisdiction
of the
prosecution, the mayor immediately shall transfer the case
to the
county court or municipal court with jurisdiction over the
violation in
accordance with section 1905.032 of the Revised Code. (D) If the mayor of a municipal corporation has
jurisdiction
pursuant to division (B)(1) of this section to hear
and determine
a prosecution or criminal cause involving a
violation described in
division (B)(1)(a) or (b) of this section,
the authority of the
mayor to hear or determine the prosecution
or cause is subject to
the limitation contained in division (C)
of section 1905.03 of the
Revised Code. If the mayor of a
municipal corporation has
jurisdiction pursuant to division (A)
or (C) of this section to
hear and determine a prosecution or
criminal cause involving a
violation other than a violation
described in division (B)(1)(a)
or (b) of this section, the
authority of the mayor to hear or
determine the prosecution or
cause is subject to the limitation
contained in division
(C) of section 1905.031 of the Revised Code. (E)(1) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving
any of the following: (a) A violation of section 2919.25 or 2919.27 of the Revised
Code; (b) A violation of section 2903.11, 2903.12, 2903.13,
2903.211,
or 2911.211 of the Revised Code that involves a
person
who was a family or household member
of the defendant at the time
of the violation; (c) A violation of a municipal ordinance that is
substantially
equivalent to an offense described in division
(E)(1)(a)
or (b) of this section and that involves a person who
was a
family or household member of the defendant at the time of
the violation. (2) The mayor of a municipal corporation does not have
jurisdiction to
hear and determine a motion filed pursuant to
section
2919.26 of the Revised Code or filed pursuant to a
municipal ordinance that is
substantially
equivalent to that
section or to issue a protection order pursuant to that section or
a
substantially equivalent municipal ordinance. (3) As used in this section,
"family or household member"
has the same
meaning as in section 2919.25 of the Revised Code. (F) In keeping a docket and files, the mayor, and a
mayor's
court magistrate appointed under section 1905.05 of the
Revised
Code, shall be governed by the laws pertaining to county
courts.
Sec. 1905.03. (A) The supreme court may adopt rules
prescribing educational standards for mayors of municipal
corporations who conduct a mayor's court and who wish to exercise
the jurisdiction granted by section 1905.01 of the Revised Code
over a prosecution or criminal cause involving a violation of
section 4511.19 of the Revised Code, a violation of any ordinance
of the municipal corporation relating to operating a vehicle
while under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or a violation of any municipal OVI ordinance of the
municipal corporation relating to operating a vehicle with a
prohibited concentration of alcohol as defined in section 4511.181 of the blood, breath, or
urine Revised Code. Any educational standards prescribed by rule
under authority of this division shall be for the purpose of
assisting mayors of municipal corporations who conduct a mayor's
court and who wish to exercise the jurisdiction granted by
section 1905.01 of the Revised Code over such a prosecution or
cause in the handling of such a prosecution or cause, and shall
include, but shall not be limited to, all of the following: (1) Provisions for basic training in the general
principles of law that apply to the hearing and determination of
such prosecutions and causes and provisions for periodic
continuing education in those general principles; (2) Provisions for basic training in the laws of this
state that apply relative to persons who are convicted of or
plead guilty to any such violation, particularly as those laws
apply relative to a person who is convicted of or pleads guilty
to any such violation in a prosecution or cause that is within
the jurisdiction of a mayor's court as specified in section
1905.01 of the Revised Code, and provisions for periodic
continuing education in those laws; (3) Provisions specifying whether periodic continuing
education for a mayor who conducts a mayor's court, who wishes to
exercise the jurisdiction granted by section 1905.01 of the
Revised Code over such a prosecution or cause, and who has
received basic training in the principles and laws described in
divisions (A)(1) and (2) of this section will be required on an
annual or biennial basis; (4) Provisions specifying the number of hours of basic
training that a mayor who conducts a mayor's court and who wishes
to exercise the jurisdiction granted by section 1905.01 of the
Revised Code over such a prosecution or cause will have to obtain
to comply with the educational standards and provisions
specifying the number of hours of periodic continuing education
that such a mayor will have to obtain within each time period
specified under authority of division (A)(3) of this section to
comply with the educational standards; (5) Provisions establishing an exemption, for a reasonable
period of time, from the basic training requirements for mayors
who initially take office on or after July 1, 1991, and who wish
to conduct a mayor's court and exercise the jurisdiction granted
by section 1905.01 of the Revised Code over such a prosecution or
cause. (B) If the supreme court adopts rules under authority of
division (A) of this section prescribing educational standards
for mayors of municipal corporations who conduct a mayor's court
and who wish to exercise the jurisdiction granted by section
1905.01 of the Revised Code over a prosecution or criminal cause
involving a violation described in division (A) of this section,
the court may formulate a basic training course and a periodic
continuing education course that such a mayor may complete to
satisfy those educational standards, and may offer or provide for
the offering of the basic training course and the periodic
continuing education course to mayors of municipal corporations. If the supreme court offers or provides for the offering of
a basic training course and a periodic continuing education
course formulated under this division, the court may prescribe a
reasonable fee to cover the cost associated with formulating,
offering, and teaching the particular course, which fee would
have to be paid by each mayor who attends the particular course
or the municipal corporation served by the mayor. If the supreme court offers or provides for the offering of
a basic training course and a periodic continuing education
course formulated under this division, the court or other entity
that offers either course shall issue to each mayor who
successfully completes the particular course a certificate
attesting to the mayor's satisfactory completion of the
particular course. (C) Notwithstanding section 1905.01 of the Revised Code,
if the supreme court adopts rules under authority of division (A)
of this section, if the supreme court formulates a basic training
course and a periodic continuing education course under division
(B) of this section, and if the supreme court offers or provides
for the offering of the basic training course and the periodic
continuing education course to mayors, a mayor shall not hear or
determine, on or after July 1, 1991, any prosecution or criminal
cause involving a violation described in division (A) of this
section unless the exemption under the provisions described in
division (A)(5) of this section applies to the mayor, or unless,
prior to hearing the prosecution or criminal cause, the mayor
successfully has completed the basic training course offered or
provided for by the supreme court and has been issued a
certificate attesting to satisfactory completion of the basic
training course and also successfully has completed any periodic
continuing education course offered or provided for by the
supreme court that is applicable to the mayor under the
rules and has
been issued a certificate attesting to satisfactory
completion of the periodic continuing education course. This division does not affect and shall not be construed as
affecting the authority of a mayor to appoint a mayor's court
magistrate under section 1905.05 of the Revised Code. If a mayor
is prohibited from hearing or determining a prosecution or
criminal cause involving a violation described in division (A) of
this section due to the operation of this division, the
prohibition against the mayor hearing or determining the
prosecution or cause does not affect and shall not be construed
as affecting the jurisdiction or authority of a mayor's court
magistrate appointed under that section to hear and determine the
prosecution or cause in accordance with that section.
Sec. 1905.05. (A) A mayor of a municipal corporation that
has a mayor's court may appoint a person as mayor's court
magistrate to hear and determine prosecutions and criminal causes
in the mayor's court that are within the jurisdiction of the
mayor's court, as set forth in section 1905.01 of the Revised
Code. No person shall be appointed as a mayor's court magistrate
unless the person has been admitted to the practice of law in
this state and, for a total of at least three years preceding
the person's
appointment or the commencement of the person's service as
magistrate, has
been engaged in the practice of law in this state or served as a
judge of a court of record in any jurisdiction in the United
States, or both. A person appointed as a mayor's court magistrate under this
division is entitled to hear and determine prosecutions and
criminal causes in the mayor's court that are within the
jurisdiction of the mayor's court, as set forth in section
1905.01 of the Revised Code. If a mayor is prohibited from
hearing or determining a prosecution or cause that charges a
person with a violation of section 4511.19 of the Revised Code or
with a violation of a municipal OVI ordinance relating to operating a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse or relating to operating a vehicle
with a prohibited concentration of alcohol as defined in section 4511.181 of the blood, breath,
or urine Revised Code due to the operation of division (C) of section 1905.03
of the Revised Code, or is prohibited from hearing or determining
any other prosecution or cause due to the operation of division
(C) of section 1905.031 of the Revised Code, the
prohibition
against the mayor hearing or determining the prosecution or cause
does not affect and shall not be construed as affecting the
jurisdiction or authority of a person appointed as a mayor's
court magistrate under this division to hear and determine the
prosecution or cause in accordance with this section. In hearing
and determining such prosecutions and causes, the magistrate has
the same powers, duties, and authority as does a mayor who
conducts a mayor's court to hear and determine prosecutions and
causes in general, including, but not limited to, the power and
authority to decide the prosecution or cause, enter judgment, and
impose sentence; the powers, duties, and authority granted to
mayors of mayor's courts by this chapter, in relation to the
hearing and determination of prosecutions and causes in mayor's
courts; and the powers, duties, and authority granted to mayors
of mayor's courts by any other provision of the Revised Code, in
relation to the hearing and determination of prosecutions and
causes in mayor's courts. A judgment entered and a sentence
imposed by a mayor's court magistrate do not have to be reviewed
or approved by the mayor who appointed the magistrate, and
have the same
force and effect as if they had been entered or imposed by the
mayor. A person appointed as a mayor's court magistrate under this
division is not entitled to hear or determine any prosecution or
criminal cause other than prosecutions and causes that are within
the jurisdiction of the mayor's court, as set forth in section
1905.01 of the Revised Code. A municipal corporation that a mayor's court magistrate serves
shall pay the compensation for the services of
the
magistrate, which shall be either a fixed annual salary
set by the legislative
authority of the municipal corporation or a fixed annual amount or fees
for services rendered set under a contract the magistrate and the municipal
corporation enter into. (B) The appointment of a person as a mayor's court
magistrate under division (A) of this section does not preclude
the mayor that appointed the magistrate, subject to the
limitation contained
in section 1905.03 and the limitation contained in section
1905.031 of the Revised Code, from also hearing and determining
prosecutions and criminal causes in the mayor's court that are
within the jurisdiction of the mayor's court, as set forth in
section 1905.01 of the Revised Code.
Sec. 1905.201. The mayor of a municipal corporation that
has
a mayor's court, and a mayor's court magistrate, are entitled
to
suspend, and shall suspend, in accordance
with
sections
4510.02,
4510.07, and
4511.19 of the Revised Code, the
driver's or
commercial driver's
license or permit or nonresident
operating
privilege of any person
who is convicted of or pleads
guilty to a
violation of division
(A) of section 4511.19 of the
Revised Code,
of a municipal
ordinance relating to operating a
vehicle while
under the
influence of alcohol, a drug of abuse, or
a combination
of them, 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
whole
blood,
blood serum or plasma, breath, or urine that
is
substantially equivalent
to division (A) of section 4511.19 of
the
Revised Code. The
mayor of a municipal corporation that has a
mayor's court, and a
mayor's court magistrate, are entitled to
suspend, and shall
suspend, in accordance with
sections 4510.02,
4510.07, and 4511.19 of
the
Revised Code, the driver's, or
commercial driver's license or
permit or nonresident operating
privilege of any person who is
convicted of or pleads guilty to a
violation of division (B) of
section 4511.19 of the Revised Code
or of a municipal ordinance
relating to operating a vehicle with a
prohibited concentration
of
alcohol in the
whole blood,
blood
serum or plasma, breath, or
urine that is substantially
equivalent
to division (B) of section
4511.19 of the Revised
Code. Suspension of a commercial driver's license under this
section shall be concurrent with any period of disqualification
or
suspension
under section
3123.58 or 4506.16 of the
Revised Code.
No
person who is disqualified for life from holding
a commercial
driver's license
under section 4506.16 of the Revised
Code shall
be issued a
driver's license under Chapter 4507. of the
Revised
Code during
the period for which the commercial driver's
license
was
suspended under this section, and no person whose
commercial
driver's license is suspended under this section shall
be issued
a
driver's license under Chapter 4507. of the Revised
Code during
the period of the suspension. Sec. 2317.02. The following persons shall not testify in
certain respects: (A) An attorney, concerning a communication made to the
attorney by a client in that relation or the
attorney's advice to
a client, except
that the attorney may testify by express consent
of the client
or, if the client is deceased, by the express
consent of the
surviving spouse or the executor or administrator
of the estate
of the deceased client and except that, if the
client voluntarily
testifies or is deemed by section 2151.421 of
the Revised Code to
have waived any testimonial privilege under
this division, the
attorney may be compelled to testify on the
same subject; (B)(1) A physician or a dentist concerning a communication
made to the physician or dentist by a patient in that relation or
the
physician's or dentist's advice to a
patient, except as
otherwise provided in this division, division (B)(2), and
division
(B)(3) of this section, and except that, if the patient
is deemed
by section 2151.421 of the Revised Code to have waived
any
testimonial privilege under this division, the physician may
be
compelled to testify on the same subject. The testimonial privilege established under this division
does not
apply, and a physician or dentist may testify or may be
compelled
to testify, in any of the following circumstances: (a) In any civil action, in accordance with the discovery
provisions of the Rules of Civil Procedure in connection with a
civil action, or in connection with a claim under Chapter 4123.
of
the Revised Code, under any of the following circumstances: (i) If the patient or the guardian or other legal
representative of the patient gives express consent; (ii) If the patient is deceased, the spouse of the patient
or the executor or administrator of the patient's estate
gives
express consent; (iii) If a medical claim, dental claim, chiropractic
claim,
or optometric claim, as defined in section 2305.113 of the
Revised
Code, an action for wrongful death, any other type of
civil
action, or a claim under Chapter 4123. of the Revised Code
is
filed by the patient, the personal representative of the
estate of
the patient if deceased, or the patient's guardian
or other legal
representative. (b) In any civil action concerning court-ordered treatment
or services
received by a patient, if the court-ordered treatment
or services were ordered
as part of a case plan journalized under
section 2151.412 of the Revised Code or the
court-ordered
treatment or services are necessary or relevant to dependency,
neglect, or abuse or temporary or permanent custody proceedings
under
Chapter 2151. of the Revised Code. (c) In any criminal action concerning any test or the
results of any test that determines the presence or concentration
of alcohol,
a drug of abuse, or alcohol and a drug combination of abuse them, a controlled substance, or a metabolite of a controlled substance in the
patient's whole
blood, blood serum or plasma, breath, urine, or other bodily substance at any
time
relevant to the criminal offense in question. (d) In any criminal action against a physician
or dentist.
In such an action, the testimonial privilege
established under
this division does not prohibit the admission
into evidence, in
accordance with the
Rules of
Evidence, of a patient's
medical or
dental records or other communications between a
patient and the
physician or dentist that are related to the
action and obtained
by subpoena, search warrant, or other lawful
means. A court that
permits or compels a physician or dentist
to testify in such an
action or permits the introduction into
evidence of patient
records or other communications in such an
action shall require
that appropriate measures be taken to
ensure that the
confidentiality of any patient named or
otherwise identified in
the records is maintained. Measures to
ensure confidentiality
that may be taken by the court include
sealing its records or
deleting specific information from its
records. (e) In any will contest action under sections 2107.71 to
2107.77 of the Revised Code if all of the following apply: (i) The patient is deceased. (ii) A party to the will contest action requests the
testimony, demonstrates to the court that that
party would be an heir
of the patient if the patient died without
a will, is a
beneficiary under the will that is the subject of the
will contest
action, or is a beneficiary under another
testamentary document
allegedly executed by the patient, and demonstrates to the court
that the testimony is necessary to establish the party's rights as
described in this division. (2)(a) If any law enforcement officer submits a written
statement to a health
care provider that states that an official
criminal investigation has begun
regarding a specified person or
that a criminal action or proceeding has been
commenced against a
specified person, that requests the provider to supply to
the
officer copies of any records the provider possesses that pertain
to any
test or the results of any test administered to the
specified person to
determine the presence or concentration of
alcohol, a drug of abuse, or alcohol
and a drug combination of abuse them, a controlled substance, or a metabolite of a controlled substance in the
person's whole blood, blood serum or plasma, breath, or urine at any time
relevant to the
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent
specifically
prohibited by any law of this state or of the United
States, shall supply to
the officer a copy of any of the requested
records the provider possesses. If
the health care provider does
not possess any of the requested records, the
provider shall give
the officer a written statement that indicates that the
provider
does not possess any of the requested records. (b) If a health care provider possesses any records of the
type described in
division (B)(2)(a) of this section regarding the
person in question at any
time relevant to the criminal offense in
question, in lieu of personally
testifying as to the results of
the test in question, the custodian of the
records may submit a
certified copy of the records, and, upon its submission,
the
certified copy is qualified as authentic evidence and may be
admitted as
evidence in accordance with the Rules of Evidence.
Division (A) of section
2317.422 of the Revised Code does not
apply to any certified copy of records
submitted in accordance
with this division. Nothing in this division shall be
construed
to limit the right of any party to call as a witness the person
who
administered the test to which the records pertain, the person
under whose
supervision the test was administered, the custodian
of the records, the
person who made the records, or the person
under whose supervision the records
were made. (3)(a) If the testimonial privilege described in division
(B)(1) of this section does not apply as provided in division
(B)(1)(a)(iii) of this section, a physician or dentist may be
compelled to testify or to submit to discovery under the Rules of
Civil Procedure only as to a communication made to the physician
or dentist by the patient in question in that relation, or the
physician's or
dentist's advice to the
patient in question, that
related causally or historically to
physical or mental injuries
that are relevant to issues in the
medical claim, dental claim,
chiropractic claim, or optometric
claim, action for wrongful
death, other civil action, or claim
under Chapter 4123. of the
Revised Code. (b) If the testimonial privilege described in division
(B)(1) of this section
does not apply to a physician or dentist as
provided in division
(B)(1)(c) of
this section, the physician or
dentist, in lieu of personally testifying as to
the results of the
test in question, may submit a certified copy of those
results,
and, upon its submission, the certified copy is qualified as
authentic
evidence and may be admitted as evidence in accordance
with the Rules of
Evidence. Division (A) of section 2317.422 of
the Revised Code does not apply
to any certified copy of results
submitted in accordance with this division.
Nothing in this
division shall be construed to limit the right of any party to
call as a witness the person who administered the test in
question, the person
under whose supervision the test was
administered, the custodian of the
results
of the test, the person
who compiled the results, or the person under whose
supervision
the results were compiled. (c) If the testimonial privilege described in division (B)(1)
of this section does not apply as provided in division (B)(1)(e)
of this section, a physician or dentist may be compelled to
testify or to submit to discovery in the will contest action under
sections 2107.71 to 2107.77 of the Revised Code only as to the
patient in question on issues relevant to the competency of the
patient at the time of the execution of the will. Testimony or
discovery conducted pursuant to this division shall be conducted
in accordance with the Rules of Civil Procedure. (4) The testimonial privilege
described in division (B)(1)
of this section is not waived when a
communication is made by a
physician to a pharmacist or when there
is communication between a
patient and a pharmacist in furtherance
of the physician-patient
relation. (5)(a) As used in divisions (B)(1) to (4) of this
section,
"communication" means acquiring, recording, or transmitting any
information, in any manner, concerning any facts, opinions, or
statements necessary to enable a physician or dentist to
diagnose,
treat, prescribe, or act for a patient. A
"communication" may
include, but is not limited to, any medical
or dental, office, or
hospital communication such as a record,
chart, letter,
memorandum, laboratory test and results, x-ray,
photograph,
financial statement, diagnosis, or prognosis. (b) As used in division (B)(2) of this section,
"health care
provider"
means a hospital, ambulatory care facility, long-term
care facility, pharmacy, emergency facility, or health care
practitioner. (c) As used in division (B)(5)(b) of this section: (i)
"Ambulatory care facility" means a facility that
provides
medical, diagnostic, or surgical treatment to patients
who do not
require hospitalization, including a dialysis center,
ambulatory
surgical facility, cardiac catheterization facility,
diagnostic
imaging center, extracorporeal shock wave lithotripsy
center, home
health agency, inpatient hospice, birthing center,
radiation
therapy center, emergency facility, and an urgent care
center.
"Ambulatory health care facility" does not include the
private
office of a physician or dentist, whether the office is
for an
individual or group practice. (ii)
"Emergency facility" means a hospital emergency
department or any other facility that provides emergency medical
services.
(iii)
"Health care practitioner" has the same meaning as in
section 4769.01 of the Revised Code. (iv)
"Hospital" has the same meaning as in section 3727.01
of
the Revised Code. (v)
"Long-term care facility" means a nursing home,
residential care facility, or home
for the aging,
as those terms
are defined in section 3721.01 of the Revised Code; an adult care
facility, as defined in section 3722.01
of the Revised Code; a
nursing facility or intermediate care facility for the mentally
retarded, as those terms are defined in section 5111.20 of the
Revised Code; a facility or portion of a facility certified as a
skilled nursing facility under Title XVIII of the
"Social
Security
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.
(vi)
"Pharmacy" has the same meaning as in section 4729.01
of
the Revised Code. (6) Divisions (B)(1), (2), (3), (4),
and (5) of this section
apply
to doctors of medicine, doctors of osteopathic medicine,
doctors
of podiatry, and dentists. (7) Nothing in divisions (B)(1) to (6)
of this section
affects, or shall be construed as affecting, the immunity from
civil liability conferred by section 307.628 or 2305.33 of the
Revised Code
upon physicians who report an employee's use of a
drug of abuse,
or a condition of an employee other than one
involving the use of
a drug of abuse, to the employer of the
employee in accordance
with division (B) of that section. As used
in division
(B)(7) of this section,
"employee,"
"employer," and
"physician" have the same meanings as
in section 2305.33 of the
Revised Code. (C) A member of the clergy, rabbi, priest, or regularly
ordained,
accredited, or licensed minister of an established and
legally
cognizable church, denomination, or sect, when the member
of
the clergy,
rabbi, priest, or minister remains accountable to
the authority
of that church, denomination, or sect, concerning a
confession
made, or any information confidentially communicated,
to the
member of the clergy, rabbi, priest, or minister for
a
religious counseling purpose in the
member of the clergy's,
rabbi's,
priest's, or minister's professional character;
however,
the member of the clergy, rabbi, priest, or
minister
may testify
by
express consent of the person making the communication, except
when the disclosure of the information is in violation of a sacred
trust; (D) Husband or wife, concerning any communication made by
one to the other, or an act done by either in the presence of the
other, during coverture, unless the communication was made, or
act
done, in the known presence or hearing of a third person
competent
to be a witness; and such rule is the same if the
marital relation
has ceased to exist; (E) A person who assigns a claim or interest, concerning
any
matter in respect to which the person would not, if a
party, be
permitted to testify; (F) A person who, if a party, would be restricted
under
section 2317.03 of the Revised Code, when the
property or thing is
sold or transferred by an executor,
administrator, guardian,
trustee, heir, devisee, or legatee,
shall be restricted in the
same manner in any action or
proceeding concerning the property or
thing. (G)(1) A school guidance counselor who holds a valid
educator license from the state board of education as
provided for
in section 3319.22 of the Revised Code, a person
licensed under
Chapter 4757. of the Revised Code
as a professional clinical
counselor, professional counselor,
social worker, independent
social worker, marriage and family therapist or independent marriage and family therapist, or registered under Chapter 4757. of the Revised
Code as a
social work assistant concerning a confidential
communication received from a
client in that relation or
the
person's advice to a client unless any of
the following applies: (a) The communication or advice indicates clear and
present
danger to the client or other persons. For the purposes
of this
division, cases in which there are indications of present
or past
child abuse or neglect of the client constitute a clear
and
present danger. (b) The client gives express consent to the testimony. (c) If the client is deceased, the surviving spouse or the
executor or administrator of the estate of the deceased client
gives express consent. (d) The client voluntarily testifies, in which case the
school guidance counselor or person licensed or registered under
Chapter 4757. of the Revised Code may
be compelled to testify on
the same subject. (e) The court in camera determines that the information
communicated by the client is not germane to the counselor-client, marriage and family therapist-client,
or social worker-client relationship. (f) A court, in an action brought against a school, its
administration, or any of its personnel by the client, rules
after
an in-camera inspection that the testimony of the school
guidance
counselor is relevant to that action. (g) The testimony is sought in a civil action and concerns
court-ordered treatment or services received by a patient as part
of a case
plan journalized under section 2151.412 of the Revised
Code or the court-ordered treatment or
services are necessary or
relevant to dependency, neglect, or abuse or
temporary or
permanent custody proceedings under
Chapter 2151.
of the
Revised
Code. (2) Nothing in division (G)(1) of this section shall
relieve
a
school guidance counselor or a person licensed or registered
under Chapter
4757. of the Revised Code
from the requirement to
report information concerning
child abuse or neglect under section
2151.421 of the Revised Code. (H) A mediator acting under a mediation order issued under
division (A) of section 3109.052 of the Revised Code or otherwise
issued in any proceeding for divorce, dissolution, legal
separation, annulment, or the allocation of parental rights and
responsibilities for the care of children, in any action or
proceeding, other than a criminal, delinquency, child abuse,
child
neglect, or dependent child action or proceeding, that is
brought
by or against either parent who takes part in mediation
in
accordance with the order and that pertains to the mediation
process, to any information discussed or presented in the
mediation process, to the allocation of parental rights and
responsibilities for the care of the parents' children, or to the
awarding of parenting time rights in relation to their children; (I) A communications assistant, acting within the scope of
the communication assistant's authority, when providing
telecommunications relay service
pursuant to section 4931.35 of
the Revised Code or Title II of
the
"Communications Act of 1934,"
104 Stat. 366 (1990), 47 U.S.C.
225, concerning a communication
made through a telecommunications
relay service.
Nothing in this
section shall limit the obligation of a
communications assistant
to divulge information or testify when mandated by
federal law or
regulation or pursuant to subpoena in a criminal proceeding. Nothing in this section shall limit any immunity or
privilege
granted under federal law or regulation.
(J)(1) A chiropractor in a civil proceeding concerning a
communication made to the chiropractor by a patient in that
relation or the
chiropractor's advice to a patient, except as
otherwise provided in this
division. The testimonial privilege
established under this division does not
apply, and a chiropractor
may testify or may be compelled
to testify, in any civil action,
in accordance with the discovery
provisions of the Rules of Civil
Procedure in
connection with a
civil action, or in connection with
a claim under Chapter 4123.
of the Revised Code, under any of the
following
circumstances: (a) If the patient or the guardian or other legal
representative of the patient gives express consent. (b) If the patient is deceased, the spouse of the patient
or
the executor or administrator of the patient's estate
gives
express consent. (c) If a medical claim, dental claim, chiropractic
claim, or
optometric claim, as defined in section 2305.113 of the
Revised
Code, an action for wrongful death, any other type
of
civil
action, or a claim under Chapter 4123. of the Revised
Code
is
filed by the patient, the personal representative of the
estate of
the patient if deceased, or the patient's guardian
or other legal
representative. (2) If the testimonial privilege described in division
(J)(1) of this section does not apply as provided in division
(J)(1)(c) of this section, a chiropractor may be
compelled to
testify or to submit to discovery under the Rules of
Civil
Procedure only as to a communication made to the
chiropractor by
the patient in question in that relation, or the
chiropractor's
advice to the
patient in question, that related causally or
historically to
physical or mental injuries that are relevant to
issues in the
medical claim, dental claim, chiropractic claim, or
optometric
claim, action for wrongful death, other civil action,
or claim
under Chapter 4123. of the Revised Code. (3) The testimonial privilege established under this
division does not
apply, and a chiropractor may testify or be
compelled to testify, in any
criminal action or administrative
proceeding. (4) As used in this division,
"communication" means
acquiring,
recording, or transmitting any information, in any
manner, concerning
any facts, opinions, or statements necessary to
enable a chiropractor to
diagnose, treat, or act for a
patient.
A
communication may
include, but is not limited to, any
chiropractic, office, or
hospital communication such as a record,
chart, letter,
memorandum, laboratory test and results, x-ray,
photograph,
financial statement, diagnosis, or prognosis.
Sec. 2317.022. (A) As used in this section,
"health care
provider" has the
same meaning as in section
2317.02 of
the
Revised Code. (B) If an official criminal investigation has begun
regarding a person or if
a criminal action or proceeding is
commenced against a person, any law
enforcement officer who wishes
to obtain from any health care provider a copy
of any records the
provider possesses that pertain to any test or the result
of any
test administered to the person to determine the presence or
concentration of alcohol, a drug of abuse, or alcohol and a drug
of abuse in
the person's blood, breath, or urine at any time
relevant to the criminal
offense in question shall submit to the
health care facility a written
statement in the following form: "WRITTEN STATEMENT REQUESTING THE RELEASE OF RECORDS
To: .................... (insert name of the health care
provider in
question). I hereby state that an official criminal investigation has
begun regarding, or
a criminal action or proceeding has been
commenced against,
.................... (insert the name of the
person in question), and that I
believe that one or more tests has
been administered to
that
person by this health care provider
to
determine the presence or
concentration of alcohol, a drug of
abuse, or alcohol and a drug combination of abuse them, a controlled substance, or a metabolite of a controlled substance in
that person's whole blood, blood serum or plasma,
breath,
or urine at a time relevant to the criminal offense in
question. Therefore, I
hereby request that, pursuant to division
(B)(2) of section 2317.02 of the
Revised Code, this health care
provider supply me with copies of any records
the provider
possesses that pertain to any test or the results of any test
administered to the person specified above to determine the
presence or
concentration of
alcohol, a drug of abuse, or alcohol
and a drug combination of abuse them, a controlled substance, or a metabolite of a controlled substance in
that
person's whole blood, blood serum or plasma, breath, or urine
at
any time relevant to the criminal
offense in question. .....................................
..................................... ..................................... (Officer's employing agency) ..................................... (Officer's telephone number) ..................................... ..................................... ..................................... ..................................... (Date written statement submitted)"
(C) A health care provider that receives a written statement
of the type
described in division (B) of this section shall comply
with division (B)(2) of
section 2317.02 of the Revised Code
relative to the written statement.
Sec. 2317.422. (A) Notwithstanding sections 2317.40 and
2317.41 of the Revised Code but subject to division (B) of this section, the
records, or copies or
photographs of the records, of a hospital, homes required to be licensed
pursuant to section 3721.01 of the Revised Code and of adult care facilities required
to be licensed pursuant to Chapter 3722. of the Revised Code, and
community alternative homes licensed pursuant to section 3724.03
of the Revised Code, in lieu of the testimony in open court of
their custodian, person who made them, or person under whose
supervision they were made, may be qualified as authentic
evidence if any such person endorses thereon his the person's
verified certification identifying such records, giving the mode and time
of their preparation, and stating that they were prepared in the
usual course of the business of the institution. Such records,
copies, or photographs may not be qualified by certification as
provided in this section unless the party intending to offer them
delivers a copy of them, or of their relevant portions, to the
attorney of record for each adverse party not less than five days
before trial. Nothing in this section shall be construed to
limit the right of any party to call the custodian, person who
made such records, or person under whose supervision they were
made, as a witness. (B) Division (A) of this section does not apply to any certified copy of the
results of any test given to determine the presence or concentration of
alcohol, a drug of abuse, or alcohol and a drug combination of abuse them, a controlled substance, or a metabolite of a controlled substance in a patient's whole blood, blood serum or plasma,
breath, or urine at any time relevant to a criminal offense that is submitted
in a criminal action or proceeding in accordance with division (B)(2)(b) or
(B)(3)(b) of section 2317.02 of the Revised Code.
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. (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. (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. 2919.22. (A) No person, who is the parent, guardian,
custodian, person having custody or control, or person in loco
parentis of a child under eighteen years of age or a mentally or
physically handicapped child under twenty-one years of age, shall
create a substantial risk to the health or safety of the child,
by
violating a duty of care, protection, or support. It is not a
violation of a duty of care, protection, or support under this
division when the parent, guardian, custodian, or person having
custody or control of a child treats the physical or mental
illness or defect of the child by spiritual means through prayer
alone, in accordance with the tenets of a recognized religious
body. (B) No person shall do any of the following to a child under
eighteen years
of age or a mentally or physically handicapped
child under twenty-one years of
age: (2) Torture or cruelly abuse the child; (3) Administer corporal punishment or other physical
disciplinary measure, or physically restrain the child in a cruel
manner or for a prolonged period, which punishment, discipline,
or
restraint is excessive under the circumstances and creates a
substantial risk of serious physical harm to the child; (4) Repeatedly administer unwarranted disciplinary
measures
to the child, when there is a substantial risk that such
conduct,
if continued, will seriously impair or retard the
child's mental
health or development; (5) Entice, coerce, permit, encourage, compel, hire,
employ,
use, or allow the child to act, model, or in any other
way
participate in, or be photographed for, the production,
presentation, dissemination, or advertisement of any material or
performance that the offender knows or reasonably should know
is
obscene,
is sexually oriented matter, or is nudity-oriented
matter; (6) Allow the child to be on the same parcel of real property and within one hundred feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within one hundred feet of, any act in violation of section 2925.04 or 2925.041 of the Revised Code when the person knows that the act is occurring, whether or not any person is prosecuted for or convicted of the violation of section 2925.04 or 2925.041 of the Revised Code that is the basis of the violation of this division. (C)(1) No person shall operate a vehicle, streetcar, or
trackless trolley within this state in violation of division
(A)
of section 4511.19 of the Revised Code when one or more
children
under eighteen years of age are in the vehicle,
streetcar, or
trackless trolley. Notwithstanding any other
provision of law, a
person may be convicted at the same trial or
proceeding of a
violation of this division and a violation of
division (A) of
section 4511.19 of the Revised Code that
constitutes
the basis of
the charge of the violation of this
division. For
purposes of
sections 4511.191
to 4511.197 of the Revised
Code
and all
related
provisions of
law, a person arrested for a
violation of
this
division shall be
considered to be under arrest
for operating
a
vehicle while under
the influence of alcohol, a
drug of abuse,
or
a combination of
them or for
operating a
vehicle with a prohibited
concentration of
alcohol, a controlled substance, or a metabolite of a controlled substance in
the
whole blood,
blood serum or
plasma,
breath, or
urine. (2) As used in division (C)(1) of this section,
"vehicle: (a) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code. (b) "Vehicle,"
"streetcar," and
"trackless trolley" have the same meanings as in
section 4511.01 of the Revised Code. (D)(1) Division (B)(5) of this section does not apply to
any
material or performance that is produced, presented, or
disseminated for a bona fide medical, scientific, educational,
religious, governmental, judicial, or other proper purpose, by or
to a physician, psychologist, sociologist, scientist, teacher,
person pursuing bona fide studies or research, librarian,
member
of the clergy, prosecutor, judge, or other
person having a proper
interest in the material or performance. (2) Mistake of age is not a defense to a charge under
division (B)(5) of this section. (3) In a prosecution under division (B)(5) of this
section,
the trier of fact may infer that an actor, model, or
participant
in the material or performance involved is a juvenile
if the
material or performance, through its title, text, visual
representation, or otherwise, represents or depicts the actor,
model, or participant as a juvenile. (4) As used in this division and division (B)(5) of this
section: (a)
"Material,"
"performance,"
"obscene," and
"sexual
activity" have the same meanings as in section 2907.01 of the
Revised Code. (b)
"Nudity-oriented matter" means any material or
performance that shows a minor in a state of nudity and that,
taken as a whole by the average person applying contemporary
community standards, appeals to prurient interest. (c)
"Sexually oriented matter" means any material or
performance that shows a minor participating or engaging in
sexual
activity, masturbation, or bestiality. (E)(1) Whoever violates this section is guilty of
endangering children. (2) If the offender violates division (A) or (B)(1) of
this
section, endangering children is one of the following: (a) Except as otherwise provided in division
(E)(2)(b), (c),
or (d) of this
section, a misdemeanor of the first degree; (b) If the offender previously has
been convicted of an
offense under this section or of any offense
involving neglect,
abandonment, contributing to the delinquency
of, or physical abuse
of a child, except as
otherwise provided in division (E)(2)(c) or
(d) of this
section, a felony of the fourth degree; (c) If the violation is a violation of division (A) of this
section and results in serious physical harm to the
child
involved, a felony of the third degree; (d) If the violation is a violation of division (B)(1)
of
this section
and results in serious physical harm to the child
involved, a felony of the
second degree. (3) If the offender violates division (B)(2), (3), (4), or (6)
of
this section, except as otherwise provided in this division,
endangering children is a felony of the third
degree. If the
violation results in serious
physical
harm to the child involved,
or if the offender previously has been
convicted of an offense
under this section or of any offense
involving neglect,
abandonment, contributing to the delinquency
of, or physical abuse
of a child, endangering children is a
felony of the second degree. (4) If the offender violates division (B)(5) of
this
section, endangering children is a felony of the second
degree. (5) If the offender violates division (C) of this section,
the offender shall be punished as follows: (a) Except as otherwise provided in division
(E)(5)(b) or
(c) of this section, endangering children in violation of
division
(C) of
this section is a misdemeanor of the first degree. (b) If the violation results in serious physical harm to the
child involved or the offender previously has been convicted of
an
offense under this section or any offense involving neglect,
abandonment, contributing to the delinquency of, or physical
abuse
of a child, except as otherwise provided in division
(E)(5)(c) of
this section, endangering
children in violation of
division
(C) of
this section is a felony of the fifth degree. (c) If the violation results in serious physical harm to
the
child involved and if the offender previously has been
convicted
of a violation of division (C) of this section, section
2903.06 or
2903.08 of the Revised Code, section 2903.07
of the Revised Code
as it existed prior to March 23, 2000,
or section
2903.04 of the
Revised Code in a case in which the offender was
subject to the
sanctions described in division (D) of that
section, endangering
children in violation of division (C) of
this section is a felony
of the fourth degree. (d) In addition to any term of imprisonment, fine, or
other
sentence, penalty, or sanction it imposes upon the offender
pursuant to division (E)(5)(a), (b), or (c) of this section or
pursuant to any other provision of law and in addition to any
suspension
of the offender's driver's
or commercial driver's
license or permit or nonresident operating
privilege under
Chapter
4506.,
4509.,
4510., or 4511. of the
Revised Code or
under
any
other provision of law, the court also
may impose upon the
offender a class seven suspension of the
offender's driver's or
commercial driver's license or permit or
nonresident operating
privilege from the range specified in
division (A)(7) of section
4510.02 of the Revised Code. (e) In addition to any term of imprisonment, fine, or
other
sentence, penalty, or sanction imposed upon the offender
pursuant
to division (E)(5)(a), (b), (c), or (d) of this section
or
pursuant to any other provision of law for the violation of
division (C) of this section, if as part of the same trial or
proceeding the offender also is convicted of or pleads guilty to
a
separate charge charging the violation of division (A) of
section
4511.19 of the Revised Code that was the basis of the
charge of
the violation of division (C) of this section, the
offender also
shall be sentenced in accordance with section
4511.19 of
the
Revised Code for that violation of division (A)
of section
4511.19
of the Revised Code. (F)(1)(a)
A court
may require an offender to perform
not
more
than two hundred hours of supervised
community
service work
under
the authority of an agency,
subdivision, or
charitable
organization. The requirement shall be
part of the
community control sanction or sentence of the offender, and
the
court shall impose the community service
in accordance with and
subject to divisions
(F)(1)(a) and (b) of this section. The court
may require an
offender whom it requires to perform supervised
community service
work as part of the offender's community control
sanction or
sentence to pay the
court a reasonable fee to
cover
the costs of the offender's participation in the work,
including,
but
not limited to, the costs of procuring a policy or policies of
liability insurance to cover the period during which the offender
will perform the work. If the court requires the offender to
perform supervised community service work as part of the
offender's community control sanction or
sentence, the court shall
do so in accordance with the
following limitations and criteria: (i) The court shall require that the community service
work
be performed after completion of the term of imprisonment
or jail
term
imposed
upon the offender for the violation of division (C)
of
this
section, if applicable. (ii) The supervised community service work shall be
subject
to the limitations set forth in divisions
(B)(1),
(2), and (3) of
section 2951.02 of the Revised Code. (iii) The community service work shall be supervised in
the
manner described in division
(B)(4) of section 2951.02 of
the
Revised
Code by an official or person with the qualifications
described in that
division. The official or person periodically
shall report in writing to the
court concerning the conduct of the
offender in performing the work. (iv) The court shall inform the offender in writing that
if
the offender does not adequately perform, as determined by
the
court, all of the required community service work, the court may
order
that the offender be committed to a jail or workhouse for a
period of time
that does not exceed the term of imprisonment that
the court could have
imposed upon the offender for the violation
of division (C) of this section,
reduced by the total amount of
time that the offender actually
was imprisoned under the sentence
or term that was imposed upon
the offender for that violation and
by the total amount of time
that the offender was confined for any
reason arising out of the
offense for which the offender was
convicted and sentenced as
described in
sections 2949.08 and
2967.191 of the Revised Code, and that, if
the court orders that
the offender be so committed, the court
is authorized, but not
required, to grant the offender
credit upon the period of the
commitment for the community service work that
the offender
adequately performed. (b) If a court, pursuant to
division
(F)(1)(a) of this
section, orders an offender to
perform
community service work as
part of the offender's community
control
sanction or
sentence and
if the offender does not
adequately
perform all of the required
community service work, as
determined
by the court, the court may
order that the offender be
committed
to a jail or workhouse for a
period of time that does
not exceed
the term of imprisonment that
the court
could have
imposed
upon
the offender for the violation
of division (C) of
this
section,
reduced by the total amount of
time that the
offender
actually was
imprisoned under the sentence
or term that
was
imposed upon the
offender for that violation and
by the total
amount of time that
the offender was confined for any
reason
arising out of the
offense for which the offender was
convicted
and sentenced as
described in sections 2949.08 and
2967.191 of the
Revised Code.
The court may order that a person
committed pursuant
to this
division shall receive hour-for-hour
credit upon the
period of the
commitment
for the community service
work that the
offender
adequately
performed. No
commitment
pursuant to this
division
shall exceed the period of the term of
imprisonment that
the
sentencing court could have imposed upon the
offender
for the
violation of division (C) of this section,
reduced by the total
amount
of time that the offender actually was
imprisoned under
that sentence or term
and by the total amount of
time that the
offender was confined for
any reason arising out of
the offense
for which the offender
was convicted and sentenced as
described in
sections 2949.08 and 2967.191 of
the Revised Code. (2)
Division (F)(1) of this
section
does
not
limit or
affect the authority of the court to
suspend the
sentence
imposed
upon a misdemeanor offender and place
the
offender
under a community control sanction
pursuant to
section 2929.25 of the
Revised Code, to
require
a
misdemeanor
or felony offender to
perform
supervised
community service
work in accordance with
division
(B)
of
section
2951.02 of the
Revised Code, or to place a
felony
offender
under a
community
control sanction. (G)(1) If a court suspends an offender's driver's or
commercial driver's license or permit or nonresident operating
privilege under division (E)(5)(d) of this section, the
period
of
the suspension shall be consecutive to, and commence
after, the
period of suspension
of the offender's
driver's or
commercial
driver's license or permit or nonresident
operating
privilege that
is imposed under Chapter 4506.,
4509.,
4510., or
4511. of the
Revised Code or under any other provision
of law in
relation to
the violation of division (C) of this
section that is
the basis of
the suspension under division
(E)(5)(d) of this
section or in
relation to the violation of
division (A) of section
4511.19 of
the Revised Code that is the
basis for that violation
of division
(C) of this section. (2) An offender is not entitled to request, and the
court
shall
not grant to the offender,
limited driving
privileges
if
the
offender's
license,
permit, or privilege has been
suspended
under division
(E)(5)(d) of this section and the
offender, within
the
preceding
six years, has been convicted of
or pleaded guilty
to
three or more violations of one or
more of the following: (a) Division (C) of
this section; (b) Any equivalent offense, as defined in section
4511.181 of
the
Revised Code. (H)(1) If a person violates division (C) of this section
and
if, at the time of the violation, there were two or more
children
under eighteen years of age in the motor vehicle
involved in the
violation, the offender may be convicted of a
violation of
division (C) of this section for each of the
children, but the
court may sentence the offender for only one of
the violations. (2)(a) If a person is convicted of or pleads guilty to a
violation of division (C) of this section but the person is not
also convicted of and does not also plead guilty to a separate
charge charging the violation of division (A) of section 4511.19
of the Revised Code that was the basis of the charge of the
violation of division (C) of this section, both of the following
apply: (i) For purposes of the provisions of section
4511.19 of
the
Revised Code that set forth the penalties and
sanctions for a
violation of division (A) of section 4511.19 of
the Revised Code,
the conviction of or plea of guilty to the
violation of division
(C) of this section shall not constitute a
violation of division
(A) of section 4511.19 of the Revised Code; (ii) For purposes of any provision of law that refers to a
conviction of or plea of guilty to a violation of division (A) of
section 4511.19 of the Revised Code and that is not described in
division (H)(2)(a)(i) of this section, the conviction of or plea
of guilty to the violation of division (C) of this section shall
constitute a conviction of or plea of guilty to a violation of
division (A) of section 4511.19 of the Revised Code. (b) If a person is convicted of or pleads guilty to a
violation of division (C) of this section and the person also is
convicted of or pleads guilty to a separate charge charging the
violation of division (A) of section 4511.19 of the Revised Code
that was the basis of the charge of the violation of division (C)
of this section, the conviction of or plea of guilty to the
violation of division (C) of this section shall not constitute,
for purposes of any provision of law that refers to a conviction
of or plea of guilty to a violation of division (A) of section
4511.19 of the Revised Code, a conviction of or plea of guilty to
a violation of division (A) of section 4511.19 of the Revised
Code. (I) As used in this section: (1)
"Community control
sanction"
has the
same meaning as in
section 2929.01 of the Revised
Code; (2)
"Limited driving privileges" has the same meaning as in
section 4501.01 of the Revised Code.
Sec. 2923.16. (A) No person shall knowingly discharge a
firearm while in or on a motor vehicle. (B) No person shall knowingly transport or have a loaded
firearm in a motor vehicle in
such a manner that the
firearm is
accessible to the operator or any passenger without leaving the
vehicle. (C) No person shall knowingly transport or have a firearm
in
a motor vehicle, unless it is unloaded and is carried in one
of
the following ways: (1) In a closed package, box, or case; (2) In a compartment that can be reached only by leaving
the
vehicle; (3) In plain sight and secured in a rack or holder made
for
the purpose; (4) In plain sight with the action open or the weapon
stripped, or, if the firearm is of a type on which the action
will
not stay open or which cannot easily be stripped, in plain
sight. (D) No person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, any of the following applies: (1) The person is under the influence of alcohol, a drug of abuse, or a combination of them. (2) The person's whole blood, blood serum or plasma, breath, or urine contains a concentration of alcohol, a controlled substance, or a metabolite of a controlled substance prohibited for persons operating a vehicle, as specified in division (A) of section 4511.19 of the Revised Code, regardless of whether the person at the time of the transportation or possession as described in this division is the operator of or a passenger in the motor vehicle. (E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code shall do any of the following: (1) Knowingly transport or have a loaded handgun in a motor vehicle unless the loaded handgun either is in a holster and in plain sight on the person's person or it is securely encased by being stored in a closed, locked glove compartment or in a case that is in plain sight and that is locked; (2) If the person is transporting or has a loaded handgun in a motor vehicle in a manner authorized under division (E)(1) of this section, knowingly remove or attempt to remove the loaded handgun from the holster, glove compartment, or case, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the person's hands or fingers while the motor vehicle is being operated on a street, highway, or public property unless the person removes, attempts to remove, grasps, holds, or has the contact with the loaded handgun pursuant to and in accordance with directions given by a law enforcement officer; (3) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose and if the person is transporting or has a loaded handgun in the motor vehicle in any manner, fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle. (4) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose and if the person is transporting or has a loaded handgun in the motor vehicle in any manner, knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the person's hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless, regarding a failure to remain in the motor vehicle or to keep the person's hands in plain sight, the failure is pursuant to and in accordance with directions given by a law enforcement officer; (5) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose, if the person is transporting or has a loaded handgun in the motor vehicle in a manner authorized under division (E)(1) of this section, and if the person is approached by any law enforcement officer while stopped, knowingly remove or attempt to remove the loaded handgun from the holster, glove compartment, or case, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the person's hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person removes, attempts to remove, grasps, holds, or has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer. (F)(1) This section does not apply to officers, agents, or
employees of this or any other state or the United States, or to
law enforcement officers, when authorized to carry or have loaded
or
accessible firearms in motor vehicles and acting within the
scope of their duties. (2) Division
(A) of this section does not
apply to a person
if all of the following circumstances apply: (a) The person discharges a firearm from a motor vehicle at
a
coyote or groundhog, the discharge is not during the deer gun
hunting season
as
set by the chief of the division of wildlife of
the department of natural
resources, and the discharge at the
coyote or groundhog, but for the operation
of this section, is
lawful. (b) The motor vehicle from which the person discharges the
firearm is on real property that is located in an unincorporated
area of a
township and that either is zoned for agriculture or is
used for agriculture. (c) The person owns the real property described in division
(F)(2)(b) of this section,
is the spouse or a child of another
person who owns that real property, is a
tenant of another person
who owns that real property, or is the spouse or a
child of a
tenant of another person who owns that real property. (d) The person does not discharge the
firearm in any of the
following manners: (i) While under the influence of
alcohol, a drug of abuse,
or alcohol and a drug combination of abuse them; (ii) In the direction of a street, highway, or
other public
or private property used by the public for
vehicular traffic or
parking; (iii) At or into an occupied structure that is a
permanent
or temporary habitation; (iv) In the commission of any
violation of law, including,
but not limited 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 and that was committed by
discharging a firearm from a
motor vehicle. (3) Divisions (B) and
(C) of this section do not
apply to a
person if all of the following circumstances apply: (a) At the time of the alleged violation of
either of those
divisions, the person is the operator of or a passenger in
a motor
vehicle. (b) The motor vehicle is on real property that is located in
an
unincorporated area of
a township and that either is zoned for
agriculture or is used for
agriculture. (c) The person owns the real property described in division
(D)(3)(b) of this section,
is the spouse or a child of another
person who owns that real property, is a
tenant of another person
who owns that real property, or is the spouse or a
child of a
tenant of another person who owns that real property. (d) The person, prior to
arriving at the real property
described in division
(D)(3)(b) of this section, did not transport
or possess a
firearm in the motor vehicle in a manner prohibited
by division
(B) or
(C) of this section while the
motor vehicle was
being operated on a street, highway, or other
public or private
property used by the public for vehicular
traffic or parking. (4) Divisions (B) and (C) of this section
do not apply to a
person who transports or possesses a handgun
in a motor vehicle if, at the time of that transportation
or possession, all of the following apply: (a) The person transporting or possessing the handgun is
carrying a valid license or temporary emergency license to carry a concealed
handgun issued to
the person under
section 2923.125 or 2923.1213 of the Revised
Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code. (b) The
person transporting or possessing the handgun is not knowingly in a place described
in division (B) of
section 2923.126 of the
Revised Code. (c) Either the handgun is in a holster and in plain sight on the person's person or the handgun is securely encased by being stored in a closed, locked glove compartment or in a case that is in plain sight and that is locked. (G)(1) The affirmative defenses authorized in
divisions (D)(1) and (2) of
section 2923.12 of the
Revised Code
are affirmative defenses to a charge under division
(B) or (C) of
this section that involves a firearm other than a handgun.
(2) It is an affirmative defense to a charge under division (B) or (C) of this section of improperly handling firearms in a motor vehicle that the actor transported or had the firearm in the motor vehicle for any lawful purpose and while the motor vehicle was on the actor's own property, provided that this affirmative defense is not available unless the person, prior to arriving at the actor's own property, did not transport or possess the firearm in a motor vehicle in a manner prohibited by division (B) or (C) of this section while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic. (H) No person who is charged with a violation of division
(B), (C), or (D) of this section shall be required to obtain a license
or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised
Code as a condition for the dismissal of the charge. (I) Whoever violates this section is guilty of improperly
handling firearms in a motor vehicle. Violation of division (A)
of this section is a felony of the fourth degree.
Violation of division (C) of this section is a misdemeanor of the
fourth degree. A violation of division (D) of this section is a felony of the fifth degree. A violation of division (E)(3) of this section is a misdemeanor of the fourth degree. A violation of division (E)(1), (2), or (5) of this section is a felony of the fifth degree. A violation of division (E)(4) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (E)(4) of this section, a felony of the fifth degree. A violation of division (B) of this section is whichever of the following is applicable:
(1) If, at the time of the transportation or possession in violation of division (B) of this section, the offender was carrying a valid license or temporary emergency license to carry a concealed handgun issued to the offender under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code and the offender was not knowingly in a place described in division (B) of section 2923.126 of the Revised Code, the violation is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (B) of this section, a felony of the fourth degree.
(2) If division (I)(1) of this section does not apply, a felony of the fourth degree. (J) If a law enforcement officer stops a motor vehicle for a traffic stop or any other purpose, if any person in the motor vehicle surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. (K) As used in this section: (1)
"Motor vehicle,"
"street," and
"highway" have the
same
meanings as in section 4511.01 of the
Revised
Code. (2)
"Occupied structure" has the same meaning as in
section
2909.01 of the Revised
Code. (3)
"Agriculture" has the same meaning as in section 519.01
of the Revised Code. (4)
"Tenant" has the same meaning as in section 1531.01 of
the Revised Code. (5)
"Unloaded" means, with
respect to a firearm employing a
percussion cap, flintlock, or
other obsolete ignition system, when
the weapon is uncapped or
when the priming charge is removed from
the pan.
Sec. 2937.46.
(A) The supreme court of Ohio, in the
interest of uniformity of
procedure in the various courts and for
the purpose of promoting
prompt and
efficient disposition of cases
arising under the traffic laws of this state
and related
ordinances,
may make uniform rules for
practice and
procedure in
courts inferior to the court of common pleas not
inconsistent with
the
provisions of Chapter 2937. of the Revised
Code, including,
but not limited
to: (1) Separation of arraignment and trial of traffic and
other
types of cases; (2) Consolidation of cases for trial; (3) Transfer of cases within the same county for the
purpose
of trial; (4) Designation of special referees for hearings or for
receiving pleas or
bail at times when courts are not in session; (5) Fixing of reasonable bonds, and disposition of cases
in
which bonds have
been forfeited. (B)
Except as otherwise specified in division
(L)(M)
of section
4511.19 of the Revised Code, all of the rules
described
in
division (A) of this section, when promulgated by the
supreme
court, shall be fully
binding on all courts inferior to
the court
of common pleas
and on the
court of common pleas in
relation to
felony violations of division
(A) of section 4511.19
of the
Revised Code and shall effect a
cancellation of any local
court
rules inconsistent
with
the supreme court's rules.
Sec. 2951.02. (A) During the period of a misdemeanor offender's
community control sanction or during the
period of a
felony offender's
nonresidential sanction,
authorized probation officers who are
engaged within the scope of
their
supervisory duties or
responsibilities may search, with or
without a warrant,
the person
of the offender, the place of
residence of the offender, and a
motor vehicle, another item of
tangible or intangible personal
property, or
other real property
in which the offender has a
right, title, or interest or
for which
the offender has the
express or implied permission of a person
with
a right,
title, or
interest to use, occupy, or possess if the
probation officers have
reasonable grounds to believe that the
offender is not abiding by
the law or
otherwise is not complying
with the conditions of the
misdemeanor
offender's
community control sanction or the conditions of
the
felony
offender's nonresidential sanction.
If a
felony
offender who is sentenced
to a nonresidential sanction is under
the
general control and
supervision of the adult parole authority,
as described in
division (A)(2)(a) of section 2929.15 of the
Revised Code, adult
parole authority field officers with
supervisory responsibilities
over the
felony offender shall
have the same search authority relative to
the
felony
offender during the
period of the sanction
that is described
under
this division for probation
officers. The court that places
the
misdemeanor
offender
under a community control
sanction pursuant to
section
2929.25 of the Revised Code or that sentences the
felony
offender
to
a nonresidential sanction pursuant to section 2929.17
of the
Revised Code shall
provide the offender with a written
notice that
informs the offender that authorized probation
officers or adult
parole
authority field officers with supervisory
responsibilities
over the
offender who are engaged within
the
scope of their
supervisory duties or responsibilities may conduct
those
types
of
searches during the period of
community control sanction or
the nonresidential sanction if they have
reasonable grounds to
believe that the offender is not abiding by
the law or
otherwise
is not complying with the conditions of the
offender's
community
control sanction or nonresidential
sanction.
(B) If an offender is
convicted
of or pleads
guilty to
a misdemeanor, the
court may require the offender, as a
condition
of
the
offender's sentence
of a community control sanction,
to perform
supervised community
service work
in accordance with this
division. If an offender is convicted of or pleads guilty to a
felony, the court, pursuant to sections 2929.15 and 2929.17 of the
Revised Code, may impose a sanction that requires the offender to
perform supervised community service work in accordance with this
division. The supervised community service work shall be under the
authority
of health districts, park
districts, counties, municipal
corporations, townships, other
political subdivisions of the
state, or agencies of the state or
any of its political
subdivisions, or under the authority of
charitable organizations
that render services to the community or
its citizens, in
accordance with this division.
The court may
require an offender who
is ordered to perform the work to pay to it a
reasonable
fee to cover
the costs of the offender's participation in the
work, including,
but not limited to, the costs of procuring a
policy or policies of
liability insurance to cover the period
during which the offender
will perform the work. A court may permit any offender convicted of a
felony or a
misdemeanor
to
satisfy the payment of a fine imposed for the
offense
pursuant to section 2929.18 or 2929.28 of the Revised Code
by
performing supervised community service work as described in
this
division if the offender requests an opportunity to satisfy
the
payment by this means and if the court determines
that the
offender is
financially unable to pay the fine. The supervised community service work that may be imposed
under this division shall be subject to the following
limitations: (1) The court shall fix the period of the work and, if
necessary, shall distribute it over weekends or over other
appropriate times that will allow the offender to continue at the
offender's
occupation or to care for the offender's family. The
period of the work as
fixed by the court shall not exceed
in
the
aggregate
the number of
hours
of community
service imposed by the court pursuant to section 2929.17 or
2929.27 of the Revised Code. (2) An agency, political subdivision, or charitable
organization must agree to accept the offender for the work
before
the court requires the offender to perform the work for the
entity. A
court shall not require an offender to perform
supervised
community service work for an agency, political
subdivision, or
charitable organization at a location that is an
unreasonable
distance from the offender's residence or domicile,
unless the
offender is provided with transportation to the
location where
the work is to be performed. (3) A court may enter into an agreement with a county
department of job and family services for the management,
placement, and
supervision of offenders eligible for community
service work in work
activities,
developmental activities, and
alternative work activities under sections 5107.40
to 5107.69 of
the
Revised Code. If a court and a county
department of job and
family services have entered into an
agreement of that nature, the
clerk of that court is authorized to pay
directly to the county
department all or a portion of the fees
collected by the court
pursuant to this division in accordance with the terms
of its
agreement. (4) Community service work that a court requires under
this
division shall be supervised by an official of the agency,
political subdivision, or charitable organization for which the
work is performed or by a person designated by the agency,
political subdivision, or charitable organization. The official
or designated person shall be qualified for the supervision by
education, training, or experience, and periodically shall
report,
in writing, to the court and to the offender's probation
officer
concerning the conduct of the offender in performing the
work.
(5) The
total of any period of
supervised community service work
imposed
on an offender under
division
(B) of this section
plus the period of all other
sanctions imposed pursuant to
sections 2929.15,
2929.16, 2929.17,
and 2929.18 of the Revised
Code
for a felony, or pursuant to sections 2929.25, 2929.26,
2929.27, and 2929.28 of the Revised Code for a misdemeanor, shall
not exceed five years. (C)(1)
If an offender is convicted of a violation of
section 4511.19 of the Revised Code, a municipal ordinance
relating to operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug combination of abuse them, or 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 whole blood, blood serum or plasma, breath, or
urine, the court may require, as
a condition of
a community control sanction, any
suspension
of a
driver's or
commercial driver's
license or permit
or nonresident
operating
privilege, and all
other penalties
provided by law or by
ordinance, that the
offender operate only a
motor vehicle equipped
with an ignition
interlock device that is
certified pursuant to
section
4510.43 of
the Revised Code. (2)
If a court requires an offender, as a condition of
a community control sanction pursuant to division
(C)(1) of this section, to operate
only a motor vehicle
equipped with an ignition interlock device
that is certified
pursuant to section
4510.43 of the
Revised
Code, the offender
immediately shall surrender the
offender's
driver's or
commercial
driver's license or permit to
the court.
Upon the
receipt of the
offender's license or permit,
the court
shall
issue an order
authorizing the offender to operate
a motor
vehicle equipped with
a certified ignition interlock
device,
deliver the offender's
license or permit to the bureau of
motor
vehicles, and include in
the abstract of the case forwarded
to
the
bureau pursuant to
section
4510.036 of the Revised
Code the
conditions of
the community control sanction imposed pursuant to division
(C)(1) of
this section. The court shall give the offender a
copy
of its
order, and that copy shall be used by the offender in
lieu
of a
driver's or commercial driver's license or permit until
the
bureau
issues a restricted license to the offender. (3) Upon receipt of an offender's driver's or commercial
driver's license or permit pursuant to division
(C)(2) of this
section, the bureau of motor vehicles shall issue a restricted
license to the offender. The restricted license shall be
identical to the surrendered license, except that it shall have
printed on its face a statement that the offender is prohibited
from operating a motor vehicle that is not equipped with an
ignition interlock device that is certified pursuant to section
4510.43 of the Revised Code. The bureau shall deliver the
offender's surrendered license or permit to the court upon
receipt
of a court order requiring it to do so, or reissue the
offender's
license or permit under section
4510.52 of the Revised
Code if
the registrar destroyed the offender's license or permit
under
that section. The offender shall surrender the restricted
license
to the court upon receipt of the offender's surrendered
license or
permit. (4) If an offender violates a requirement of the court
imposed under division
(C)(1) of this section, the
court may
impose a class seven suspension of the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege
from the range specified
in division (A)(7) of section
4510.02 of the Revised
Code.
On a second or subsequent violation,
the court may impose a class
four 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)(4) of
section 4510.02 of the
Revised Code.
Sec. 3701.143. For purposes of section sections 1547.11, 4511.19, and 4511.194 of the Revised Code, the
director of health shall determine, or cause to be determined, techniques or
methods for chemically analyzing a person's whole blood, blood serum or plasma, urine, breath, or other
bodily substance in order to ascertain the amount of alcohol, a drug drugs of abuse,
controlled substances, metabolites of controlled substances, or alcohol and a drug of abuse combination of them in the person's whole blood, blood serum or plasma, urine, breath, or other
bodily substance. The director shall approve satisfactory techniques or
methods, ascertain the qualifications of individuals to conduct such analyses,
and issue permits to qualified persons authorizing them to perform such
analyses. Such permits shall be
subject to termination or revocation at the discretion of the director.
Sec. 3937.41. (A) As used in this section: (1) "Ambulance" has the same meaning as in section 4765.01
of the Revised Code and also includes private ambulance companies
under contract to a municipal corporation, township, or county. (2) "Emergency vehicle" means any of the following: (a) Any vehicle, as defined in section 4511.01 of the
Revised Code, that is an emergency vehicle of a municipal,
township, or county department or public utility corporation and
that is identified as such as required by law, the director of
public safety, or local authorities; (b) Any motor vehicle, as defined in section 4511.01 of
the
Revised Code, when commandeered by a police officer; (c) Any vehicle, as defined in section 4511.01 of the
Revised Code, that is an emergency vehicle of a qualified
nonprofit corporation police department established pursuant to
section 1702.80 of the Revised Code and that is identified as an
emergency vehicle; (d) Any vehicle, as defined in section 4511.01 of the
Revised Code, that is an emergency vehicle of a proprietary
police
department or security department of a hospital operated
by a
public hospital agency or a nonprofit hospital agency that
employs
police officers under section 4973.17 of the Revised
Code, and
that is identified as an emergency vehicle. (3) "Firefighter" means any regular, paid, member
of a
lawfully constituted fire department of a municipal corporation
or
township. (4) "Law enforcement officer" means a sheriff, deputy
sheriff, constable, marshal, deputy marshal, municipal or
township
police officer, state highway patrol trooper, police
officer
employed by a qualified nonprofit police department
pursuant to
section 1702.80 of the Revised Code, or police
officer employed by
a proprietary police department or security
department of a
hospital operated by a public hospital agency or
nonprofit
hospital agency pursuant to section 4973.17 of the
Revised Code. (5) "Motor vehicle accident" means any accident involving
a
motor vehicle which results in bodily injury to any person, or
damage to the property of any person. (B) No insurer shall consider the circumstance that an
applicant or policyholder has been involved in a motor vehicle
accident while in the pursuit of the applicant's or
policyholder's
official duties as a law
enforcement officer, firefighter, or
operator of an emergency
vehicle or ambulance, while operating a
vehicle engaged in mowing or
snow and ice removal as a county,
township, or department of transportation
employee, or while
operating a vehicle while engaged in the pursuit
of the
applicant's or policyholder's official duties as a member
of the
motor
carrier enforcement unit of the
state highway patrol
under section 5503.34 of the Revised Code,
as
a basis for doing either of the following: (1) Refusing to issue or deliver a policy of insurance
upon
a private automobile, or increasing the rate to be charged
for
such a policy; (2) Increasing the premium rate, canceling, or failing to
renew an existing policy of insurance upon a private automobile. (C) Any applicant or policyholder affected by an action of
an insurer in violation of this section may appeal to the
superintendent of insurance. After a hearing held upon not less
than ten days' notice to the applicant or policyholder and to the
insurer and if the superintendent determines that the insurer
has
violated this
section, the superintendent may direct the issuance
of a policy,
decrease the premium rate on a policy, or reinstate
insurance
coverage. (D) The employer of the law enforcement officer,
firefighter, or
operator of an emergency vehicle or
ambulance,
operator of a vehicle engaged in
mowing or snow and ice removal,
or operator of a vehicle who is a member of the
motor
carrier enforcement
unit, except as otherwise
provided in
division (F) of this section,
shall certify to the
state highway patrol or law enforcement
agency that investigates
the accident whether the officer,
firefighter,
or operator of an
emergency vehicle or ambulance,
operator of a vehicle engaged in
mowing or snow and ice removal, or operator of a vehicle who is a
member of the
motor
carrier enforcement
unit, was engaged in the performance of
the person's official
duties
as such
employee at the time of the accident. The employer
shall
designate an official authorized to make the certifications.
The state
highway patrol or law enforcement agency shall include
the
certification in any report of the accident forwarded to the
department of public safety pursuant to sections 5502.11 and
5502.12 of the Revised Code and shall forward the certification
to
the department if received after the report of the accident
has
been forwarded to the department. The registrar of motor
vehicles
shall not include an accident in a certified abstract of
information under division (A) of section 4509.05 of the Revised
Code, if the person involved has been so certified as having been
engaged in the performance of the person's official duties
at the
time of
the accident. (E) Division (B) of this section does not apply to an
insurer whose policy covers the motor vehicle at the time the
motor vehicle is involved in an accident described in division
(B)
of this section. (F) Division (B) of this section does not apply if an
applicant or policyholder, on the basis of the applicant's or
policyholder's involvement in an
accident described in that
division, is convicted of or pleads
guilty or no contest to a
violation of section 4511.19 of the
Revised Code; 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 OVI ordinance relating
to operating a vehicle
with a prohibited concentration of alcohol as defined
in section 4511.181 of the blood, breath,
or urine, or other bodily substance Revised Code.
Sec. 4506.17. (A) Any person who drives a commercial
motor
vehicle within this state shall be deemed to have given
consent to
a test or tests of the person's
whole blood,
blood serum or
plasma, breath, or
urine for the
purpose of determining the
person's alcohol concentration or
the
presence
of any controlled
substance or a metabolite of any controlled substance. (B) A test or tests as provided in division (A) of this
section may be administered at the direction of a peace officer
having reasonable ground to stop or detain the person and, after
investigating the circumstances surrounding the operation of the
commercial motor vehicle, also having reasonable ground to
believe
the person was driving the commercial vehicle
while having a
measurable or detectable amount of alcohol or of a
controlled
substance or a metabolite of a controlled substance in the person's
whole blood,
blood serum or plasma,
breath, or urine.
Any such test
shall be
given within two hours
of the time of the alleged
violation. (C) A person requested to submit to a test under division
(A) of this section shall be advised by the peace officer
requesting the test that a refusal to submit to the test will
result in the person immediately being placed out-of-service for
a
period of twenty-four hours and being disqualified from
operating
a commercial motor vehicle for a period of not less
than one year,
and that the person is required to surrender the
person's
commercial driver's license to the peace officer. (D) If a person refuses to submit to a test after being
warned as provided in division (C) of this section or submits to
a
test that discloses the presence of a controlled substance or a metabolite of a controlled substance or
an
alcohol concentration of four-hundredths of one per cent or
more,
the person immediately
shall surrender the person's commercial
driver's
license to the
peace officer.
The peace officer shall
forward the license, together with a
sworn report, to the
registrar of motor vehicles certifying that
the test was requested
pursuant to division (A) of this section
and that the person
either refused to submit to testing or
submitted to a test that
disclosed the presence of a controlled
substance or a metabolite of a controlled substance or an alcohol
concentration of four-hundredths of one
per cent or more. The
form and contents of the report required
by this section shall be
established by the registrar by rule,
but shall contain the advice
to be read to the driver and a
statement to be signed by the
driver acknowledging that
the driver has been read
the advice and
that the form was shown to the driver. (E) Upon receipt of a sworn report from a peace officer as
provided in division (D) of this section, the registrar shall
disqualify the person named in the report from driving a
commercial motor vehicle for the period
described below: (1) Upon a first incident, one year; (2) Upon an incident of refusal or of a prohibited
concentration of
alcohol, a controlled substance, or a metabolite of a controlled substance after one or more previous incidents of
either refusal or of a
prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance, the
person shall be disqualified for life
or such lesser period as
prescribed by rule by the registrar. (F) A
test
of a person's whole blood or a person's
blood
serum or plasma given under this section shall comply
with
the
applicable provisions of division (D) of section
4511.19 of
the
Revised Code and any physician, registered nurse,
or qualified
technician, chemist,
or
phlebotomist who withdraws
whole blood
or
blood serum or plasma from a
person under this section, and any
hospital, first-aid station,
clinic,
or other facility at which
whole blood
or blood serum or plasma is withdrawn
from a
person
pursuant to
this section, is immune from criminal
liability, and
from civil
liability that is based upon a claim of
assault and
battery or
based upon any other claim of malpractice,
for any act
performed
in withdrawing
whole blood
or blood serum or plasma from
the person. (G) When a person submits to a test under this section,
the
results of the test, at the person's request, shall be
made
available
to the person, the person's attorney, or
the
person's
agent, immediately upon completion
of the chemical test analysis.
The person also may have an
additional test administered by a
physician, a registered nurse,
or a qualified technician,
chemist,
or
phlebotomist of the person's own
choosing as
provided
in
division (D) of section 4511.19 of the Revised
Code for tests
administered under that section, and the failure
to obtain such a
test has the same effect as in that division. (H) No person shall refuse to immediately surrender the
person's
commercial driver's license to a peace officer when
required to
do so by this section. (I) A peace officer issuing an out-of-service order or
receiving a commercial driver's license surrendered under this
section may remove or arrange for the removal of any commercial
motor vehicle affected by the issuance of that order or the
surrender of that license. (J)(1) Except for civil actions arising out of the
operation
of a motor vehicle and civil actions in which the state
is a
plaintiff, no peace officer of any law enforcement agency
within
this state is liable in compensatory damages in any civil
action
that arises under the Revised Code or common law of this
state for
an injury, death, or loss to person or property caused
in the
performance of official duties under this section and
rules
adopted under this section, unless the officer's actions were
manifestly outside the scope of the officer's employment or
official
responsibilities, or unless the officer acted with
malicious
purpose, in bad faith, or in a wanton or reckless
manner. (2) Except for civil actions that arise out of the
operation
of a motor vehicle and civil actions in which the state
is a
plaintiff, no peace officer of any law enforcement agency
within
this state is liable in punitive or exemplary damages in
any civil
action that arises under the Revised Code or common law
of this
state for any injury, death, or loss to person or
property caused
in the performance of official duties under
this
section of the
Revised Code and rules adopted under this section,
unless the
officer's actions were manifestly outside the scope of
the
officer's employment or official responsibilities, or
unless the
officer acted with malicious purpose, in bad faith, or in a
wanton
or reckless manner. (K) When disqualifying a driver, the registrar shall
cause
the records of the bureau of motor vehicles to be updated to
reflect the
disqualification within ten days after it occurs. (L) The registrar immediately shall
notify a driver who is
subject to disqualification of the disqualification, of
the length
of the disqualification, and that the driver may request a hearing
within thirty days of the mailing of the notice to show cause why
the driver
should not be disqualified from operating a commercial
motor vehicle. If a
request for such a hearing is not made within
thirty days of the mailing of
the
notice, the order of
disqualification is final. The registrar may designate
hearing
examiners who, after affording all parties reasonable notice,
shall
conduct a hearing to determine whether the disqualification
order is supported
by reliable evidence. The registrar shall
adopt rules to implement this
division. (M) Any person who is disqualified from
operating a
commercial motor vehicle under this section may apply to the
registrar for a driver's license to operate a motor vehicle other
than a
commercial motor vehicle, provided the person's commercial
driver's license is
not otherwise suspended. A person
whose
commercial driver's
license
is suspended
shall
not apply to the
registrar for or receive
a
driver's license under
Chapter 4507. of
the
Revised Code
during the period of suspension. (N)
Whoever violates division (H) of this section is
guilty
of a misdemeanor of the first degree.
Sec. 4510.01. As used in this title and in Title XXIX of
the
Revised Code: (A) "Cancel" or "cancellation" means the annulment or
termination
by the bureau of motor vehicles of a driver's license,
commercial driver's
license, temporary instruction permit,
probationary
license, or nonresident operating privilege because
it was
obtained unlawfully, issued in error, altered, or willfully
destroyed, or because the holder no longer is entitled to the
license, permit, or privilege. (B) "Drug abuse offense," has "cocaine," and "L.S.D." have the same meaning meanings as in section
2925.01 of the Revised Code. (C) "Ignition interlock device" means a device approved by
the
director of public safety that connects a breath analyzer to a
motor vehicle's
ignition system, that is constantly available to
monitor the concentration by weight of alcohol in the breath of
any person attempting to start that motor vehicle by using its
ignition system, and that deters starting the motor vehicle by use
of its ignition system unless the person attempting to start the
vehicle provides an appropriate breath sample for the device and
the device determines that the concentration by weight of alcohol
in the person's breath is below a preset level. (D) "Immobilizing or disabling device" means a device
approved by
the director of public safety that may be ordered by a
court to be
used by an offender as a condition of limited driving
privileges.
"Immobilizing or disabling device" includes an
ignition interlock device, and
any prototype device
that is used
according to protocols designed to ensure efficient
and effective
monitoring of limited driving privileges granted by
a court to an
offender. (E) "Moving violation" means any violation of any statute or
ordinance that regulates the operation of vehicles, streetcars, or
trackless
trolleys on the highways or streets. "Moving
violation"
does not include a violation of section 4513.263 of the
Revised
Code or a substantially equivalent municipal
ordinance, a
violation of any statute or ordinance regulating pedestrians or
the parking of vehicles, vehicle size or load
limitations, vehicle
fitness requirements, or vehicle
registration. (F) "Municipal OVI ordinance" and "municipal
OVI offense"
have the same meanings as in
section 4511.181 of the Revised Code. (G) "Prototype device" means any testing device to monitor
limited driving privileges that has not yet been approved or
disapproved
by the director of public safety. (H) "Suspend" or "suspension" means the permanent or
temporary
withdrawal, by action of a court or the bureau of motor
vehicles, of a
driver's
license, commercial driver's license,
temporary instruction
permit, probationary license, or nonresident
operating privilege
for the period of the suspension or the
permanent or temporary
withdrawal of the privilege to obtain a
license, permit, or
privilege of that type for the period of the
suspension.
(I) "Controlled substance" and "marihuana" have the same meanings as in section 3719.01 of the Revised Code.
Sec. 4510.032. (A) If a person is charged with a
violation
of
section 4511.19 of the Revised Code or a violation of
any
municipal OVI ordinance; if that
charge is
dismissed or
reduced;
if the person is convicted of or forfeits
bail in
relation to a
violation of any other section of the
Revised Code
or of any
ordinance
that regulates the operation of vehicles,
streetcars,
and trackless trolleys
on highways and
streets but
that does not
relate to operating a vehicle while under the
influence of
alcohol, a
drug of abuse, or a combination of them or
to operating
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; and
if the
violation of which the person was
convicted or in relation
to
which the person forfeited bail
arose
out of the same facts and
circumstances and the same act as did
the charge that was
dismissed or reduced, the abstract prepared
under section 4510.03
of the Revised Code also shall set
forth the
charge that was
dismissed or reduced, indicate that it was dismissed or
reduced,
and indicate that the violation resulting in the
conviction or
bail forfeiture arose out of the same facts and
circumstances and
the same act as did the charge that was
dismissed or reduced. (B) If a charge against a person of a violation of division
(A)
of section 4510.11, division (A) of section 4510.14, or
division
(A) of section 4510.16 of the Revised Code or any
municipal ordinance that is substantially equivalent to any of
those divisions
is dismissed or reduced and if the person is
convicted of
or forfeits bail in
relation to a violation of any
other section of the Revised
Code
or any other ordinance that
regulates the operation of vehicles,
streetcars, and trackless
trolleys on highways and streets that
arose out of the same facts
and circumstances as did the charge
that was dismissed or reduced,
the abstract also shall set forth
the charge that was dismissed or
reduced, indicate that it was
dismissed or reduced, and indicate
that the violation resulting in
the conviction or bail forfeiture
arose out of the same facts
and
circumstances and the same act as
did the charge that was
dismissed or reduced. (C)(1) If a child 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
or any
violation of division (B) of section 2917.11
or of section 4511.19
of the Revised Code, the court shall notify
the bureau, by
means
of an abstract of the court record as
described in divisions (B)
and (C) of section 4510.03 of the
Revised Code,
within ten days
after the adjudication. (2) If a court requires a child to attend a drug abuse or
alcohol
abuse education, intervention, or treatment program, the
abstract
required by division (C)(1) of this section and forwarded
to the
bureau also shall include the name and address of the
operator of the program
and the date that the child entered the
program. If the child satisfactorily completes the program, the
court, immediately upon receipt of the information, shall send to
the bureau an updated abstract that also shall contain the date on
which the child satisfactorily completed the program.
Sec. 4510.036. (A) The bureau of motor vehicles shall
record
within ten days, after receipt, and shall keep at its main
office, all
abstracts received under this section
or section
4510.03, 4510.031, 4510.032, or 4510.034 of the
Revised Code
and
shall maintain records of convictions and bond
forfeitures for any
violation of a state law or a municipal
ordinance regulating the
operation of vehicles, streetcars, and trackless
trolleys on
highways and
streets, except a violation related to parking a
motor vehicle. (B) Every court of record or mayor's court before which a
person
is charged with a violation for which points are chargeable
by this section
shall assess and transcribe to the abstract of
conviction that is furnished by the bureau
to the court
the number
of points
chargeable by this section in
the correct space assigned
on the
reporting form. A United States
district court that has
jurisdiction
within this state and
before
which a person is
charged with a violation
for which points
are
chargeable by this
section may
assess and transcribe to the
abstract of conviction
report that is
furnished by the bureau the
number of points
chargeable by this
section in the correct space
assigned on the
reporting form. If
the federal court so assesses
and transcribes
the points
chargeable for the offense and
furnishes the report to
the bureau, the bureau
shall record the
points in the same manner
as those assessed and transcribed by a
court of record or
mayor's
court. (C) A court shall assess the following points for an
offense
based on the following formula: (1) Aggravated vehicular homicide, vehicular homicide,
vehicular
manslaughter, aggravated vehicular assault, or vehicular
assault when
the offense involves the operation of a vehicle,
streetcar, or trackless
trolley on a highway or street ..........
6
points
(2) A violation of section 2921.331 of the Revised Code
or
any
ordinance prohibiting the willful fleeing or eluding of a law
enforcement
officer .......... 6 points (3) A violation of section 4549.02 or 4549.021 of the
Revised
Code
or any ordinance requiring the driver of a vehicle to
stop and disclose
identity at the scene of an accident ..........
6
points (4) A violation of section 4511.251 of the Revised Code
or
any
ordinance prohibiting street racing .......... 6 points (5) A violation of section 4510.11, 4510.14, 4510.16, or
4510.21 of
the
Revised
Code or any ordinance prohibiting the
operation of a
motor vehicle
while the driver's or commercial
driver's license is
under
suspension .......... 6 points (6) A violation of division (A) of section 4511.19 of the
Revised
Code, any ordinance prohibiting the operation of a vehicle
while
under the influence of alcohol, a drug of abuse, or a
combination of them, or
any ordinance
substantially equivalent to
division (A) of section 4511.19 of the
Revised Code 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 .......... 6 points (7) A violation of section 2913.03 of the Revised Code that
does not
involve an aircraft or motorboat or any ordinance
prohibiting the
operation of a vehicle without the consent of the
owner .......... 6 points (8) Any offense under the motor vehicle laws of this state
that is a
felony, or any other felony in the commission of which a
motor vehicle
was used .......... 6 points (9) A violation of division (B) of section 4511.19 of the
Revised
Code or any ordinance substantially equivalent to that
division
prohibiting the operation of a vehicle with a prohibited
concentration of
alcohol in the whole
blood, blood serum or
plasma, breath, or
urine .......... 4 points (10) A violation of section 4511.20 of the Revised Code
or
any
ordinance prohibiting the operation of a motor vehicle in
willful or
wanton disregard of the safety of persons or property
.......... 4 points (11) A violation of any law or ordinance pertaining to
speed: (a) Notwithstanding divisions (C)(11)(b)
and (c) of this
section,
when the speed exceeds the lawful speed limit by thirty
miles per
hour or more .......... 4 points (b) When the speed exceeds the lawful speed limit of
fifty-five
miles per hour or more by more than ten miles per hour
.......... 2 points (c) When the speed exceeds the lawful speed limit of less
than
fifty-five miles per hour by more than five miles per hour
.......... 2 points
(d) When the speed does not exceed the amounts set forth in
divisions (C)(11)(a), (b), or (c) of
this section .......... 0
points (12) Operating a motor vehicle in violation of a restriction
imposed by the registrar .......... 2 points (13) All other moving violations reported under this
section
.......... 2 points (D) Upon receiving notification from the proper court,
including
a United States district court that has jurisdiction
within this
state, the bureau shall delete any points entered for
a bond forfeiture if the
driver is acquitted of the offense for
which
bond was posted. (E) If a person is convicted of or forfeits bail for
two or
more offenses arising
out of the same facts and points are
chargeable for each of the offenses,
points shall be charged
for
only the conviction or bond forfeiture for which the
greater
number of points is chargeable, and, if the number of points
chargeable for each offense is equal, only one offense shall be
recorded, and points shall be charged only for that offense.
Sec. 4510.17. (A) The registrar of motor vehicles
shall
impose a class D
suspension of the
person's driver's license,
commercial driver's license,
temporary
instruction permit,
probationary license, or nonresident operating
privilege for the
period of time specified in division (B)(4) of
section 4510.02 of
the Revised Code on any person who is a
resident of
this state and
is convicted of or
pleads guilty to a
violation of
a statute of
any other state or any federal
statute
that is
substantially
similar to section 2925.02, 2925.03,
2925.04,
2925.041, 2925.05,
2925.06,
2925.11, 2925.12, 2925.13,
2925.14,
2925.22, 2925.23,
2925.31, 2925.32,
2925.36, or 2925.37
of the
Revised Code. Upon
receipt of a
report from a court, court
clerk,
or other official
of any other
state or from any federal
authority
that a resident
of this state
was convicted of or
pleaded guilty
to an
offense
described in this division, the
registrar shall send
a notice by
regular first class mail to the
person, at
the
person's last known
address as shown in the records
of the bureau
of motor vehicles,
informing the person of the
suspension, that the
suspension
will
take
effect twenty-one
days from the date of the notice, and that,
if
the person wishes
to
appeal the suspension or denial, the
person
must file a
notice
of appeal within
twenty-one days of the
date of
the notice
requesting a hearing on
the matter. If the
person
requests a
hearing, the registrar
shall hold the hearing
not more
than
forty
days after receipt by the registrar of the
notice of
appeal. The
filing of a notice of
appeal does not stay
the
operation of the
suspension
that must be imposed
pursuant to
this
division. The scope of the
hearing shall be
limited to
whether
the person actually was convicted of
or pleaded
guilty to
the
offense for which the
suspension
is to be
imposed. The
suspension
the registrar is required
to impose
under
this division shall end either on the last day of
the class D
suspension period or of the
suspension
of the person's nonresident
operating
privilege imposed by the
state or federal court,
whichever is earlier. The registrar shall subscribe to or otherwise participate
in
any information system or register, or enter into reciprocal
and
mutual agreements with other states and federal authorities,
in
order to facilitate the exchange of information with other
states
and the United States government regarding persons who
plead
guilty to or are convicted of offenses described in this
division
and therefore are subject to the suspension or denial
described in
this division. (B) The registrar shall
impose
a class D suspension of the
person's
driver's license, commercial
driver's license, temporary
instruction permit,
probationary
license, or nonresident operating
privilege for the period of
time
specified in division (B)(4) of
section 4510.02 of the Revised
Code on any
person who is a
resident of this state and is
convicted of
or
pleads guilty to a
violation of a statute
of any
other state
or a
municipal ordinance
of a municipal corporation
located in
any
other state that is
substantially similar to
section 4511.19
of
the Revised Code.
Upon
receipt of a report
from another state
made pursuant to
section
4510.61 of the
Revised Code
indicating
that a resident of
this
state was
convicted
of or pleaded guilty
to an offense
described
in this
division, the
registrar shall
send
a notice by
regular
first class
mail to the person, at the
person's last known
address
as shown in
the records of the bureau
of motor
vehicles,
informing
the person
of the suspension, that the
suspension or
denial will
take effect
twenty-one
days from the date of the
notice, and that,
if
the person wishes
to appeal the suspension,
the
person must
file a
notice
of appeal within twenty-one days of
the
date of the
notice
requesting a hearing on the matter. If the
person requests
a
hearing, the registrar shall hold the hearing
not more than
forty
days after receipt by the registrar of the
notice
of appeal.
The
filing of a notice of appeal does not stay
the
operation of
the
suspension
that must be imposed
pursuant to
this
division.
The scope of the hearing shall be
limited to
whether
the person
actually was convicted of or pleaded
guilty to
the
offense for
which the suspension
is
to be
imposed. The
suspension
the registrar is required
to impose
under
this division shall end either on the last day of
the class D
suspension period or of the
suspension
of the person's nonresident
operating
privilege imposed by the
state or federal court,
whichever is earlier. (C) The registrar shall
impose
a class D suspension of the
child's driver's license,
commercial
driver's license, temporary
instruction permit, or nonresident
operating privilege for the
period of time specified in division
(B)(4) of section 4510.02 of
the Revised Code on any
child who is
a resident of this state and
is convicted of or
pleads guilty to a
violation of a statute of
any other state or
any federal statute
that is substantially
similar to section
2925.02, 2925.03,
2925.04,
2925.041, 2925.05,
2925.06, 2925.11,
2925.12, 2925.13,
2925.14, 2925.22, 2925.23,
2925.31, 2925.32,
2925.36, or 2925.37
of the Revised Code. Upon
receipt of a report
from a court,
court
clerk, or other official
of any other state or
from any
federal
authority that a child who
is a resident of this
state
was
convicted of or pleaded guilty to
an offense described
in
this
division, the registrar shall send a
notice by regular
first
class
mail to the child, at the child's
last known address
as shown in
the records of the bureau of motor
vehicles, informing
the child
of the suspension, that the
suspension or
denial will
take effect
twenty-one days from the
date of the
notice, and that,
if the child wishes to
appeal the
suspension, the child
must file a notice of appeal within
twenty-one
days of the date of
the notice requesting a hearing on
the matter.
If the child
requests a hearing, the registrar shall
hold the
hearing not more
than forty
days after receipt by the
registrar of
the notice of
appeal. The filing of a notice of
appeal does not
stay the
operation of the suspension
that must be
imposed
pursuant to this division. The scope of the
hearing shall
be
limited to whether the child actually was convicted of
or
pleaded
guilty to the offense for which
the suspension
is to be
imposed. The
suspension the registrar is required to impose
under
this
division shall end either on the last day of
the class D
suspension period or of the suspension of the
child's nonresident
operating privilege
imposed by the state or
federal court,
whichever is earlier.
If the child is a resident of this state
who
is sixteen
years of
age or older and does not have a current,
valid Ohio
driver's or
commercial driver's license or permit, the
notice shall
inform the
child that the child will be denied
issuance of a driver's or
commercial driver's license or permit
for six months beginning on
the date of the notice. If the child
has not attained the age of
sixteen years on the date of the
notice, the notice shall inform
the child that the period of
denial of six months shall commence
on the
date the child attains
the age of sixteen years. The registrar shall subscribe to or otherwise participate
in
any information system or register, or enter into reciprocal
and
mutual agreements with other states and federal authorities,
in
order to facilitate the exchange of information with other
states
and the United States government regarding children who
are
residents of this state and plead guilty to or are convicted
of
offenses described in this division and therefore are subject
to
the suspension or denial described in this division. (D) The registrar shall
impose
a class D suspension of the
child's
driver's license, commercial
driver's license, temporary
instruction permit,
probationary
license, or nonresident operating
privilege for the period of
time
specified in division (B)(4) of
section 4510.02 of the Revised
Code on any
child who is a resident
of this state and
is convicted
of or
pleads guilty to a
violation
of a statute of
any other state
or a
municipal ordinance of a
municipal
corporation located in any
other state that is
substantially
similar to section 4511.19 of
the Revised Code.
Upon
receipt of
a report from another state
made pursuant to
section
4510.61 of the Revised Code
indicating
that a child who
is a
resident
of this state was
convicted of or
pleaded guilty to
an
offense
described in this
division, the
registrar shall send a
notice by
regular first class
mail to the
child, at the child's
last known address
as shown in
the records
of the bureau of motor
vehicles,
informing the child
of the
suspension, that the
suspension
will
take
effect twenty-one
days from the date of the
notice, and that,
if
the
child wishes to appeal
the suspension,
the child
must file a notice
of appeal within
twenty-one days of
the date of
the notice requesting a hearing on
the matter. If the
child
requests a hearing, the registrar shall
hold the hearing not
more
than forty
days after receipt by the
registrar of the notice
of
appeal. The filing of a notice of
appeal does not stay the
operation of the suspension
that must be imposed
pursuant to this
division. The scope of the
hearing shall be
limited to whether
the child actually was convicted of
or pleaded
guilty to the
offense for which the
suspension
is to be
imposed. The
suspension the registrar is required to impose
under
this
division shall end either on the last day of
the class D
suspension period or of the suspension of the
child's nonresident
operating privilege
imposed by the state or
federal court,
whichever is earlier.
If the child is a resident of this state
who
is sixteen
years of
age or older and does not have a current,
valid Ohio
driver's or
commercial driver's license or permit, the
notice shall
inform the
child that the child will be denied
issuance of a driver's or
commercial driver's license or permit
for six months beginning on
the date of the notice. If the child
has not attained the age of
sixteen years on the date of the
notice, the notice shall inform
the child that the period of
denial of six months shall commence
on the
date the child attains
the age of sixteen years. (E) Any person whose license or permit has been suspended
pursuant to
this section may file a
petition in the municipal or county court, or in case the person
is under
eighteen years of age, the juvenile court, in whose
jurisdiction the person
resides, agreeing to
pay the cost of the
proceedings and alleging that the suspension
would seriously
affect the person's ability to continue the person's
employment.
Upon satisfactory proof that there is reasonable cause to believe
that the suspension would seriously affect the person's ability to
continue
the person's employment, the judge may grant the person
limited driving
privileges during the period during
which the
suspension otherwise would be
imposed, except that the
judge shall
not grant
limited driving
privileges for
employment as a
driver
of a commercial motor vehicle to any
person
who would be
disqualified from operating a commercial motor
vehicle under
section 4506.16
of the Revised Code if the violation
had occurred
in this state, or during any
of the following periods
of time: (1) The first fifteen days of a suspension under division (B) or (D) of this section, if
the person
has not been convicted within
six years of
the date of the
offense giving rise to the suspension under this
section of a
violation of any of the following: (a) Section 4511.19 of the Revised Code, or a municipal
ordinance relating to operating a vehicle while under the
influence of
alcohol, a drug of abuse, or alcohol and a drug of
abuse; (b) A
municipal ordinance relating to operating a motor
vehicle with a
prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood,
blood serum or plasma, breath, or
urine; (c) Section 2903.04 of the Revised Code in a case in which
the person was subject to the sanctions described in division (D)
of
that section; (d) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or
a municipal ordinance that
is substantially similar to either of those
divisions; (e) Division (A)(2), (3), or (4) of
section 2903.06,
division (A)(2) of section
2903.08, or
as it existed prior
to
March 23, 2000, section 2903.07 of
the Revised
Code, or
a
municipal
ordinance that is substantially
similar to any of those
divisions
or that former section,
in a
case in which the jury or
judge found
that the
person was under
the influence of alcohol, a
drug of
abuse, or
alcohol and a drug
of abuse. (2) The first thirty days of a suspension under division (B) or (D) of this section, if the person
has been convicted one time within
six years of the date of
the
offense giving rise to the
suspension under this section of
any
violation identified in division
(E)(1) of
this section. (3) The first one hundred eighty days of a suspension under division (B) or (D) of this section, if
the person has been convicted two times within
six
years of
the
date of the offense giving rise to the suspension
under this
section of any violation identified in division
(E)(1) of this
section. (4) No
limited driving privileges may be
granted if the
person has been convicted three or more times
within five years of
the date of the offense giving rise to a
suspension under division (B) or (D) of this
section of any violation identified in
division
(E)(1) of this
section. If a person petitions for
limited driving
privileges
under
division (E) of this section, the registrar shall
be
represented
by the county prosecutor of the county in which
the
person resides
if the petition is filed in a juvenile court
or
county court,
except that if the person resides within a city
or
village that is
located within the jurisdiction of the county
in
which the
petition is filed, the city director of law or
village
solicitor
of that city or village shall represent the
registrar.
If the
petition is filed in a municipal court, the
registrar shall
be
represented as provided in section 1901.34
of the Revised Code. In granting
limited driving privileges under
division
(E) of
this section, the court may impose any condition
it
considers
reasonable and necessary to limit the use of a
vehicle
by the
person. The court shall deliver to the person a
permit
card, in a
form to be prescribed by the court, setting
forth the
time, place,
and other conditions limiting the person's
use of a
motor vehicle.
The grant of
limited driving
privileges shall
be conditioned upon
the person's having the
permit in the person's
possession at all
times during which
the
person is
operating a
vehicle. A person granted
limited driving privileges who
operates
a
vehicle for other than
limited purposes,
in violation of
any
condition imposed by the court or without
having the permit
in
the
person's possession, is guilty of a
violation of
section
4510.11
of the
Revised Code. (F) As used in divisions (C) and (D) of this section: (1)
"Child" means a person who is under the age of
eighteen
years, except that any person who violates a statute or
ordinance
described in division (C) or (D) of this section prior
to
attaining eighteen years of age shall be deemed a
"child"
irrespective of the person's age at the time the complaint
or
other
equivalent document is filed in the other state or a
hearing,
trial, or other proceeding is held in the other state on
the
complaint or other equivalent document, and irrespective of
the
person's
age when the period of license suspension or denial
prescribed in
division (C) or (D) of this section is imposed. (2)
"Is convicted of or pleads guilty to" means, as it
relates to a child who is a resident of this state, that in a
proceeding conducted in a state or federal court located in
another state for a violation of a statute or ordinance described
in division (C) or (D) of this section, the result of the
proceeding is any of the following: (a) Under the laws that govern the proceedings of the
court,
the child is adjudicated to be or admits to being a
delinquent
child or a juvenile traffic offender for
a violation described in
division (C) or (D) of this
section that would be a crime if
committed by an adult; (b) Under the laws that govern the proceedings of the
court,
the child is convicted of or pleads guilty to a violation
described in
division (C) or (D) of this section; (c) Under the laws that govern the proceedings of the
court,
irrespective of the terminology utilized in those laws,
the result
of the court's proceedings is the
functional equivalent of
division (F)(2)(a) or (b) of this
section. Sec. 4510.54. (A) A person whose driver's or commercial
driver's
license has been suspended for life under a class one
suspension or as
otherwise provided by law or has been suspended
for a period in excess of
fifteen years under a class two
suspension may file a motion with the
sentencing
court for
modification or
termination of the suspension. 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. Sec. 4511.181. As used in sections 4511.181 to 4511.197 of
the Revised Code: (A) "Equivalent offense" means any of the following: (1) A violation of division (A) or (B) of section
4511.19 of
the Revised Code; (2) A violation of a municipal OVI ordinance; (3) A violation of section 2903.04 of the Revised Code in a
case
in which the offender was subject to the sanctions described
in division
(D) of that section; (4) A violation of division (A)(1) of section 2903.06 or
2903.08
of the Revised Code or a municipal ordinance that is
substantially equivalent to either of
those divisions; (5) A violation of division (A)(2), (3), or (4) of section
2903.06, division (A)(2) of section 2903.08, or former section
2903.07
of the Revised Code, or a municipal ordinance that is
substantially equivalent to any of
those divisions or that former
section, in a case in which a judge or jury as
the trier of fact
found that the offender was under the influence of alcohol, a drug
of
abuse, or a combination of them; (6) A violation of an existing or former municipal
ordinance, law
of another state, or law of the United States that
is
substantially equivalent to division (A) or (B) of section
4511.19 of the
Revised Code; (7) A violation of a former law of this state that was
substantially equivalent to division (A) or (B) of section
4511.19
of the Revised Code. (B)
"Mandatory jail term" means the mandatory term in jail
of
three, six, ten, twenty, thirty, or sixty days that must be
imposed under
division
(G)(1)(a), (b), or
(c) of section
4511.19
of the Revised Code upon an offender convicted of a
violation of
division (A) of that section and in relation to which
all of the
following apply: (1) Except as specifically authorized under section 4511.19
of the Revised Code, the term
must be served in a jail. (2) Except as specifically authorized under section 4511.19
of
the Revised Code, the term cannot be suspended, reduced, or
otherwise modified pursuant to
sections
2929.21 to 2929.28 or any
other
provision of the Revised Code. (C)
"Municipal OVI ordinance" and "municipal
OVI offense"
mean any
municipal ordinance prohibiting a person from operating a
vehicle while under
the influence of alcohol, a drug of abuse, or
a combination of them or
prohibiting
a person from operating 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. (D)
"Community residential sanction," "jail," "mandatory
prison
term," "mandatory term of local incarceration," "sanction,"
and "prison term"
have the same meanings as in
section 2929.01 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) 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.
(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) 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 two
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. When a person submits to a blood test at the request of a
law enforcement officer under section 4511.191 of the
Revised
Code, only a
physician, a registered nurse, or a qualified
technician,
chemist,
or phlebotomist shall withdraw blood for
the
purpose of
determining
the
alcohol, drug, controlled substance, metabolite of a controlled substance, or alcohol and
drug
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 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 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), or (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
forensic laboratory
certified 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), or (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), or (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), or (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), or (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), or (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 elcohol alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring.
The
cumulative total of the thirty consecutive days in jail and
the
period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall not
exceed
one year. The thirty consecutive days in jail do not have
to be
served prior to or consecutively to the period of house
arrest. (4) If an offender's driver's or occupational driver's
license or
permit or nonresident operating privilege is suspended
under division
(G) of this
section and if section 4510.13 of the
Revised Code permits the
court to grant limited driving
privileges, the court may
grant the limited driving privileges
in accordance with that section. If division (A)(7) of that section requires that the court impose as a condition of the
privileges that the
offender must display on the vehicle that is
driven subject to the privileges
restricted license plates that
are issued under section 4503.231 of the Revised Code, except
as
provided in division (B) of that section, the court shall impose that condition as one of the conditions of the limited driving privileges granted to the offender, except as provided in division (B) of section 4503.231 of the Revised Code. (5) Fines imposed under this section for a violation of
division
(A) of this section shall be distributed as follows: (a)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to an enforcement
and
education fund established by the legislative authority of the law
enforcement
agency in this state that primarily was responsible
for the arrest of the
offender, as determined by the court that
imposes the fine. The agency shall
use this share to pay only
those costs it incurs in
enforcing this section or a municipal OVI
ordinance
and in informing the public of the laws governing the
operation of
a vehicle while under the influence of alcohol, the
dangers of
the operation of a vehicle under the influence of
alcohol, and other
information relating to the operation of a
vehicle under the influence of
alcohol and the consumption of
alcoholic beverages.
(b)
Fifty dollars of the fine imposed under division
(G)(1)(a)(iii)
of
this section shall be paid to the political
subdivision that pays the cost of
housing the offender during the
offender's term of incarceration. If the
offender is being
sentenced for a violation of division (A)(1)(a), (b), (c), (d), or (e), 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
offense offenses, the
offender is guilty of a
misdemeanor of the third degree. In addition to any
other
sanction imposed
for the offense, the court shall impose a class
four suspension of the
offender's driver's license, commercial
driver's license, temporary
instruction permit, probationary
license, or nonresident operating privilege
from the range
specified in division (A)(4) of
section 4510.02 of the Revised
Code. (3) If the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1416 of the Revised Code and if the court imposes a jail term for the violation of division (B) of this section, the court shall impose upon the offender an additional definite jail term pursuant to division (E) of section 2929.24 of the Revised Code. (I)(1)
No court shall sentence an offender to an alcohol
treatment program under this section unless the treatment program
complies
with the minimum standards for alcohol treatment programs
adopted
under Chapter 3793. of the Revised Code by the director of
alcohol
and drug addiction services. (2) An offender who stays in a drivers' intervention program
or in an
alcohol treatment program under
an order issued under
this section shall pay the cost of the stay in the
program.
However, if the court determines that an offender who stays in an
alcohol treatment program under an order issued under this section
is unable
to
pay the cost of the stay in the program, the court
may order that the cost be
paid from the court's
indigent drivers'
alcohol treatment fund. (J)
If a person whose driver's or commercial driver's
license
or
permit or nonresident operating privilege is suspended
under
this section
files an appeal regarding any aspect of the
person's
trial or sentence, the
appeal itself does not stay the
operation
of the suspension. (K)
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) All terms defined in section 4510.01 of the Revised
Code
apply to this section. If the meaning of a term defined in
section
4510.01 of the Revised Code conflicts with the meaning of
the same term as defined in section 4501.01 or 4511.01 of the
Revised Code, the term as
defined in section 4510.01 of the
Revised Code applies to this section. (L)(M)(1)
The Ohio Traffic Rules in effect
on
January 1, 2004, as adopted by the supreme court
under authority
of
section 2937.46 of the Revised Code, do not
apply to felony
violations of this section. Subject to division
(L)(M)(2) of this
section, the Rules of Criminal Procedure apply to
felony
violations of this section.
(2) If, on or after
January 1, 2004,
the supreme court modifies the Ohio Traffic
Rules
to provide
procedures to govern felony violations of this
section,
the
modified rules shall apply to felony violations
of this
section.
Sec. 4511.191. (A)(1) "Physical control" has the same
meaning as in section 4511.194 of the Revised Code. (2) Any person who operates a vehicle, streetcar, or
trackless trolley upon
a highway or any public or private property
used by the public
for vehicular travel or parking within this
state
or who is in physical control of a vehicle,
streetcar, or
trackless trolley shall be deemed
to have given
consent to a
chemical test or tests of the
person's
whole blood,
blood serum or
plasma, breath, or urine
to
determine the alcohol,
drug of abuse, controlled substance, metabolite of a controlled substance, or
alcohol and drug
combination content of the
person's
whole blood,
blood serum
or plasma,
breath, or urine
if
arrested
for
a
violation of
division (A) or
(B) of
section 4511.19 of the Revised
Code,
section 4511.194 of
the
Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI
ordinance. (3) The chemical test or tests
under division (A)(2) of this
section shall be
administered at the request of a
law
enforcement
officer having reasonable
grounds to believe the
person
was
operating
or in physical control of a
vehicle,
streetcar, or
trackless trolley in
violation of a division,
section, or
ordinance identified in
division (A)(2) of this
section. The law
enforcement agency by
which the
officer is
employed shall
designate which of the tests
shall be
administered. (4) Any person who is dead or unconscious, or who
otherwise
is in a condition rendering the person incapable of
refusal,
shall
be deemed
to have
consented
as provided
in
division (A)(2) of
this section, and the test or
tests may be
administered, subject
to sections 313.12 to 313.16 of
the Revised
Code. (B)(1) Upon receipt of the sworn report of
a
law
enforcement
officer
who arrested a person for a violation of
division (A) or (B) of section 4511.19 of the Revised Code,
section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI ordinance
that was completed and sent to the registrar and a court pursuant
to
section
4511.192 of the
Revised Code in regard to a
person who
refused to take the
designated chemical test, the
registrar shall
enter into the
registrar's records the fact
that the person's
driver's or
commercial driver's license or permit or nonresident
operating
privilege was suspended by the arresting officer under
this
division and that section and the period of the
suspension,
as determined under
this
section. The suspension shall be
subject to appeal as
provided in
section
4511.197 of the Revised
Code. The suspension
shall be for whichever of the
following
periods applies: (a)
Except when division (B)(1)(b), (c), or (d) of
this
section applies and specifies a different class or length of
suspension,
the
suspension shall be
a class C suspension for the
period of time specified in
division (B)(3) of section 4510.02 of
the Revised Code. (b) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused one previous request to consent to a
chemical
test, the
suspension
shall be
a class B suspension imposed for
the period of time
specified in division (B)(2) of section 4510.02
of the Revised
Code. (c) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused two previous requests to consent to a
chemical
test,
the
suspension
shall be
a class A suspension imposed for
the period of time
specified in division (B)(1) of section 4510.02
of the Revised
Code. (d) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused three or more previous requests to
consent to a
chemical test, the
suspension
shall be
for five
years. (2)
The registrar shall terminate a suspension of the
driver's or commercial driver's license
or permit of a resident or
of the operating privilege of a nonresident, or a
denial of a
driver's or commercial
driver's license or permit, imposed
pursuant to division (B)(1) of
this
section upon receipt of notice
that the person has entered a
plea of guilty to, or that the person has been
convicted after entering a plea of no contest to, operating a vehicle in violation
of section 4511.19
of
the Revised Code or in violation of a municipal
OVI ordinance,
if the offense for which the conviction is had or
the
plea is
entered arose from the same incident that led to the suspension or
denial. The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related suspension
imposed
pursuant to division (B)(1) of this section. (C)(1) Upon receipt of the sworn report of the
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code or a
municipal OVI
ordinance that was completed and sent to the
registrar and a court
pursuant
to
section
4511.192 of the Revised Code in regard to a
person
whose test
results indicate that the person's
whole blood,
blood
serum or
plasma, breath, or urine
contained
at least the
concentration
of
alcohol
specified in
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code 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 registrar
shall
enter into the registrar's
records the fact that the
person's
driver's or
commercial
driver's
license or permit or
nonresident
operating privilege was
suspended
by the arresting
officer under
this
division
and section
4511.192 of the Revised Code and the
period of the
suspension, as
determined
under divisions (F)(1) to
(4) of this
section. The
suspension
shall be subject to appeal as
provided in
section
4511.197 of the Revised Code. The
suspension
described in
this division does not apply to, and shall
not be
imposed upon, a
person arrested for a violation of section
4511.194
of the Revised
Code or a substantially equivalent municipal ordinance who submits to a designated chemical
test.
The
suspension
shall
be for whichever of the following
periods
applies: (a) Except when division
(C)(1)(b),
(c), or (d) of this
section
applies and specifies a different
period, the
suspension
shall be
a class E suspension imposed for the
period of time
specified in division (B)(5) of section 4510.02 of
the Revised
Code. (b) The
suspension
shall be
a class C suspension for the
period of time
specified in division
(B)(3) of section 4510.02 of
the Revised Code if
the person has
been convicted
of or pleaded
guilty to, within six years of
the
date the test
was conducted,
one violation of
division (A) or (B) of section 4511.19 of the
Revised
Code or one other equivalent
offense. (c) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
two
violations of a statute
or ordinance
described in division
(C)(1)(b) of this section,
the
suspension
shall be
a class B
suspension imposed for the period of time specified in division
(B)(2) of section 4510.02 of the Revised Code. (d) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
more than
two violations of a
statute or
ordinance described in
division
(C)(1)(b) of this
section,
the
suspension
shall be
a
class A
suspension imposed for the period of time specified in
division
(B)(1) of section 4510.02 of the Revised Code. (2) The registrar shall terminate a suspension of the
driver's or
commercial driver's license
or permit of a resident or
of the
operating privilege of a nonresident,
or a denial of a
driver's or
commercial driver's license or permit, imposed
pursuant to
division (C)(1) of this section
upon receipt of notice
that the
person has entered a plea of guilty to, or that the person has
been
convicted after entering a plea of no contest to,
operating
a vehicle in violation of section 4511.19
of the Revised
Code or
in violation of a municipal OVI ordinance,
if the
offense
for which the conviction is had or the plea is
entered arose from
the same incident that led to the suspension or
denial. The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related
suspension imposed
pursuant to division (C)(1) of this section. (D)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under
this section for the
time
described in division
(B) or
(C)
of this section is
effective
immediately from the time at which
the arresting officer
serves
the notice of suspension upon the
arrested person. Any
subsequent finding that the person is not
guilty of the charge
that resulted in the person being requested
to take
the chemical test or tests under division (A) of
this
section
does not affect the suspension. (2) If a person is arrested for operating a vehicle,
streetcar, or trackless trolley in violation of division (A) or
(B) of section 4511.19 of the Revised Code or a municipal OVI
ordinance, or for being in physical control of a
vehicle,
streetcar, or trackless trolley in violation of section
4511.194
of the
Revised Code or a substantially equivalent municipal ordinance,
regardless of whether the person's
driver's
or
commercial
driver's license or permit or nonresident
operating
privilege is
or is not suspended under division
(B)
or
(C)
of this
section
or Chapter 4510. of the Revised Code,
the person's
initial
appearance on the charge resulting from the
arrest shall
be held
within five days of the person's arrest or
the issuance of
the
citation to the person, subject to any
continuance
granted by
the
court pursuant to
section
4511.197 of
the Revised Code
regarding
the issues
specified in that division. (E) When it finally has been determined under the
procedures
of this section
and sections 4511.192 through 4511.197
of the
Revised Code that a nonresident's privilege to
operate a
vehicle
within this state has been suspended, the
registrar shall
give
information in writing of the action taken
to the motor
vehicle
administrator of the state of the person's
residence and
of any
state in which the person has a license. (F) At the end of a suspension period under this section,
under section 4511.194,
section 4511.196, or division
(G) of
section
4511.19 of the
Revised Code, or under section
4510.07 of
the
Revised Code for a violation of a municipal OVI
ordinance and
upon
the request of the person whose driver's or
commercial
driver's
license or permit was suspended and who is
not
otherwise
subject
to suspension,
cancellation, or
disqualification, the
registrar shall return the driver's or
commercial driver's license
or permit to the person upon the
occurrence of all of the
conditions
specified in divisions
(F)(1) and (2)
of this section: (1) A showing
that the person has proof of
financial
responsibility, a policy of liability insurance in
effect that
meets the minimum standards set forth in section
4509.51 of the
Revised Code, or proof, to the satisfaction of the
registrar,
that
the person is able to respond in damages in an
amount at
least
equal to the minimum amounts specified in section
4509.51
of the
Revised Code. (2) Subject to the limitation contained in division
(F)(3)
of this section, payment by the person
to the bureau of
motor
vehicles of a license
reinstatement fee
of four hundred
twenty-five dollars,
which fee
shall be deposited in the state
treasury and credited
as follows: (a) One hundred twelve dollars and fifty
cents shall be
credited to the statewide
treatment and prevention fund created by
section 4301.30 of the Revised Code.
The fund shall be
used to
pay the costs of driver treatment and
intervention programs
operated pursuant to sections 3793.02 and
3793.10 of the Revised
Code. The director of alcohol and drug
addiction services shall
determine the share of the fund that is
to be allocated to alcohol
and drug addiction programs authorized
by section 3793.02 of the
Revised Code, and the share of the fund
that is to be allocated to
drivers' intervention programs
authorized by section 3793.10 of
the Revised Code. (b) Seventy-five dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code. (c) Thirty-seven dollars and fifty cents
shall be credited
to the indigent
drivers alcohol treatment fund, which is hereby
established. Except as
otherwise provided in division
(F)(2)(c)
of this section, moneys in the fund shall be
distributed by the
department of alcohol and drug addiction
services to the county
indigent drivers alcohol
treatment funds,
the county juvenile
indigent drivers alcohol treatment funds,
and
the municipal
indigent drivers alcohol treatment funds that are
required to be
established by counties and municipal corporations
pursuant
to
this section, and shall be used only
to pay
the cost of an alcohol
and drug addiction treatment program
attended by an offender or
juvenile traffic offender who is
ordered to attend an alcohol and
drug addiction treatment program
by a county, juvenile, or
municipal court judge and who is
determined by the county,
juvenile, or municipal court judge not
to have the means to pay
for
the person's attendance at the
program or to pay the costs
specified in division
(H)(4) of
this section in accordance with
that
division. Moneys in the fund
that are not
distributed to a
county indigent drivers alcohol
treatment fund,
a county juvenile
indigent drivers alcohol
treatment fund, or a
municipal indigent
drivers alcohol treatment
fund under division
(H) of this section
because the director of
alcohol and drug addiction
services does
not have the information
necessary to identify the county or
municipal corporation where
the offender or juvenile offender was
arrested may
be transferred
by the director of budget and
management to the
statewide
treatment and prevention
fund created
by section
4301.30 of the
Revised Code, upon certification of the
amount by the director
of
alcohol and drug
addiction services. (d) Seventy-five dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent. (e) Seventy-five dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division
(L)(F)(4) of
this section. (f) Thirty dollars shall be credited to the state bureau of
motor
vehicles fund created by section 4501.25 of the Revised
Code. (g) Twenty dollars shall be credited to the trauma and
emergency
medical services grants fund created by section 4513.263
of the
Revised Code. (3) If a person's driver's or commercial driver's license or
permit is suspended under
this
section,
under section 4511.196 or
division
(G) of section
4511.19 of the Revised Code,
under
section 4510.07 of the Revised
Code for a violation of a municipal
OVI ordinance or
under any
combination of the
suspensions
described in division
(F)(3) of
this section, and if the
suspensions arise from a single incident
or a single set of facts
and
circumstances, the person is liable
for payment of, and shall
be required to
pay to the bureau, only
one reinstatement fee of
four hundred
twenty-five
dollars.
The
reinstatement fee shall be
distributed by the bureau in
accordance
with division
(F)(2) of
this section. (4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to a law enforcement agency under
this
section shall be used by
the agency to pay for not more than
fifty
per cent of the amount
of the salaries of law enforcement
officers
who conduct drug abuse
resistance education programs in
public
schools. The attorney
general shall not use more than six
per
cent of the amounts the
attorney general's office
receives under
division
(F)(2)(e) of
this section to pay the costs it incurs
in
administering the grant
program established by division
(F)(2)(e)
of this section and in
providing training and
materials relating
to drug abuse resistance
education programs. The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs. (G) Suspension of a commercial driver's license under
division
(B) or
(C) of this section shall be concurrent with
any
period of disqualification under section 3123.611 or
4506.16
of
the Revised Code or any period of suspension under section
3123.58
of the Revised Code. No person who is disqualified for
life from
holding a
commercial driver's license under section
4506.16 of the
Revised
Code shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period for
which the
commercial
driver's license was suspended under division
(B) or
(C) of this
section. No person whose
commercial driver's license
is
suspended under division
(B) or
(C) of this section shall be
issued a driver's license under
Chapter 4507. of the Revised Code
during the period
of
the suspension. (H)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an
indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (L)(F) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, and all portions of
fines
that are specified for deposit into a county or municipal
indigent
drivers alcohol treatment fund by section 4511.193 of
the Revised
Code shall be deposited into that county indigent
drivers alcohol
treatment fund, county juvenile indigent drivers
alcohol treatment
fund, or municipal indigent drivers alcohol
treatment fund in
accordance with division
(H)(2) of this
section. Additionally,
all portions of fines that are paid for a
violation of section
4511.19 of the Revised Code or
of any prohibition contained in
Chapter 4510. of the Revised Code,
and that are
required under
section
4511.19 or
any
provision of Chapter 4510. of the Revised
Code to be
deposited
into a county indigent drivers alcohol
treatment fund
or municipal
indigent drivers alcohol treatment
fund shall be
deposited into
the appropriate fund in accordance
with the
applicable division. (2) That portion of the license reinstatement fee that is
paid under division
(F) of this section and that is credited
under
that division to the indigent drivers alcohol treatment
fund
shall
be deposited into a county indigent drivers alcohol
treatment
fund, a county juvenile indigent drivers alcohol
treatment fund,
or a municipal indigent drivers alcohol treatment
fund as follows: (a) If the suspension in question was imposed under this
section, that portion of the fee shall be deposited as follows: (i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension,
the portion shall be deposited into the county indigent drivers
alcohol treatment fund under the control of that court; (ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the
suspension,
the portion shall be deposited into the county
juvenile indigent
drivers alcohol treatment fund established in
the county served by
the court; (iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers alcohol treatment fund under the control of that
court. (b) If the suspension in question was imposed under
section
4511.19 of the Revised Code
or under
section 4510.07 of the
Revised Code for a violation of a municipal
OVI ordinance, that
portion
of the fee shall be deposited as
follows: (i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court; (ii) If the fee is paid by a person whose license or
permit
was suspended by a municipal court, the portion shall be
deposited
into the municipal indigent drivers alcohol treatment
fund under
the control of that court. (3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of the
attendance at an alcohol and drug addiction treatment program of
a
person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of attendance at the
treatment
program or for payment of the costs specified in division
(H)(4)
of this section in accordance with that division. The
alcohol and
drug addiction services board or the board of alcohol,
drug
addiction, and
mental health services established pursuant to
section 340.02 or
340.021 of
the Revised Code and serving the
alcohol, drug addiction, and mental
health service district in
which the court is located shall
administer the indigent drivers
alcohol treatment program of the
court. When a court orders an
offender or juvenile traffic
offender to attend an alcohol and
drug addiction treatment
program, the board shall determine which
program is suitable to
meet the needs of the offender or juvenile
traffic offender, and
when a suitable program is located and space
is available at the
program, the offender or juvenile traffic
offender shall attend
the program designated by the board. A
reasonable amount not to
exceed five per cent of the amounts
credited to and deposited
into the county indigent drivers alcohol
treatment fund, the
county juvenile indigent drivers alcohol
treatment fund, or the
municipal indigent drivers alcohol
treatment fund serving every
court whose program is administered
by that board shall be paid
to the board to cover the costs it
incurs in administering those
indigent drivers alcohol treatment
programs. (4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or
the board
of alcohol, drug addiction, and mental health services
established pursuant to
section 340.02 or 340.021 of the Revised
Code
and serving the alcohol, drug addiction, and
mental health
district in which the court is located, that
the funds in the
county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent
drivers alcohol treatment fund under the control of the
court are more than
sufficient to satisfy the purpose for which
the fund was established, as
specified in divisions
(H)(1) to
(3)
of this section, the
court may declare a surplus in the fund.
If
the court declares a surplus in
the fund, the court may expend
the
amount of the surplus in the fund for
alcohol and drug abuse
assessment and treatment of persons who are charged in
the court
with committing a criminal offense or with being a delinquent
child
or juvenile traffic offender and in relation to whom both of
the following
apply: (a) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the
juvenile traffic offense with which the person is charged. (b) The court determines that the person is unable
to pay
the cost of the alcohol and drug abuse assessment and treatment
for
which the surplus money will be used.
Sec. 4511.192. (A)
The arresting law enforcement officer
shall give
advice
in
accordance with
this section to any person
under arrest
for a
violation of division (A) or (B) of section
4511.19
of the
Revised
Code, section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance,
or a municipal
OVI
ordinance. The
officer shall give that advice
in
a written
form
that
contains the information described in
division (B) of
this
section and shall read the
advice to the
person. The
form
shall
contain a statement that the form was
shown to the
person
under
arrest and read to the person by the
arresting officer. One
or
more persons shall witness the
arresting officer's reading of
the
form, and
the witnesses shall
certify to this fact by signing
the
form. The person must submit to the chemical test or tests, subsequent to the request of the arresting officer, within two hours of the time of the alleged violation and, if the person does not submit to the test or tests within that two-hour time limit, the failure to submit automatically constitutes a refusal to submit to the test or tests. (B)
If a person is under arrest as described in division
(A)
of
this section, before the person may be requested to submit to a
chemical test
or tests to determine the alcohol
and, drug of abuse, controlled substance, metabolite of a controlled substance, or combination content
of the
person's whole blood, blood serum or plasma, breath, or urine, the
arresting officer
shall read the
following form to the person: "You now are under arrest for (specifically state the
offense
under state law or a substantially equivalent municipal ordinance
for which the person was arrested - operating a vehicle
under
the
influence of alcohol, a drug, or a combination
of them;
operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled substance; operating
a vehicle after
underage alcohol consumption; or having
physical
control of a vehicle while under the influence). If you refuse to take any chemical test required
by law, your
Ohio driving privileges will be suspended immediately, and you
will have to pay a fee to have the privileges reinstated. If you have a prior OVI or OVUAC conviction of OVI, OVUAC, or operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled substance under state or municipal law within the preceding twenty years, you now are under arrest for state OVI, and, if you refuse to take a chemical test, you will face increased penalties if you subsequently are convicted of the state OVI. (Read this part unless the person is under arrest for solely
having physical control of a
vehicle while under the influence.)
If you take any chemical test required by law and
are
found to be
at or
over the
prohibited amount of alcohol, a controlled substance, or a metabolite of a controlled substance in
your
whole blood,
blood serum or plasma, breath,
or urine as set by law, your Ohio driving privileges will
be
suspended immediately, and you will have to pay a fee to have
the
privileges reinstated. If you take a chemical test,
you may
have an independent
chemical
test taken at your
own
expense." (C) If the arresting law enforcement officer does not ask a
person under arrest as described in division (A) of this
section
to submit to a chemical
test or tests under section 4511.191 of
the Revised Code,
the arresting officer shall seize the Ohio or
out-of-state
driver's or commercial driver's license or permit of
the person
and immediately forward it to the court in which the
arrested person is to appear on the charge. If the arrested
person is not in
possession of
the person's license or permit or
it is not in the
person's vehicle, the officer shall order the
person to surrender it
to the law enforcement agency that employs
the officer within
twenty-four hours after the arrest, and, upon
the surrender, the
agency immediately shall forward the license or
permit to the
court in which the person is to appear on the
charge. Upon
receipt of the license or permit, the court shall
retain it
pending the arrested person's initial appearance and any
action taken
under section 4511.196 of the Revised Code. (D)(1) If a law enforcement officer asks a person under
arrest as
described in division (A) of this
section to submit to a
chemical
test or tests under section 4511.191 of the Revised Code,
if the officer advises the person in accordance with this section
of the
consequences of the person's refusal or submission,
and if
either the person refuses to submit to the test or tests or,
unless the
arrest was for a violation of section 4511.194 of the
Revised Code or a substantially equivalent municipal ordinance, the person submits to the
test or tests and the test
results indicate a
prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the
person's whole blood,
blood serum or plasma, breath, or urine at
the time of the alleged offense,
the arresting officer shall do
all of the following: (a) On behalf of the registrar of motor vehicles, notify the
person that, independent of any penalties or sanctions imposed
upon the
person, the person's Ohio driver's or commercial driver's
license
or permit or nonresident operating privilege is suspended
immediately,
that the suspension will last at least until the
person's
initial appearance on the charge, which will be held
within five days
after the date of the person's arrest or the
issuance of a
citation to the person, and that the person may
appeal the
suspension at the initial appearance or during the
period of time
ending thirty days after that initial appearance; (b) Seize the driver's or commercial driver's license or
permit
of the person and immediately forward it to the registrar.
If the
arrested person is not in possession of the person's
license or permit
or it is not in the person's vehicle, the
officer shall order the person to
surrender it to the
law
enforcement agency that employs the officer within twenty-four
hours after the person is given notice of the suspension, and,
upon the surrender, the officer's employing agency immediately
shall forward the license or permit to the registrar. (c) Verify the person's current residence and, if it differs
from
that on the person's driver's or commercial driver's license
or permit,
notify the registrar of the change; (d) Send to the registrar, within forty-eight hours after
the
arrest of the person, a sworn report that includes all of the
following
statements: (i) That the officer had reasonable grounds to believe that,
at
the time of the arrest, the arrested person was operating a
vehicle, streetcar, or trackless trolley in
violation of division
(A) or (B) of section 4511.19 of
the Revised Code or a
municipal
OVI ordinance or for being in physical control of a stationary
vehicle, streetcar, or trackless trolley in violation of section
4511.194 of the Revised Code or a substantially equivalent municipal ordinance; (ii) That the person was arrested and charged with a
violation of
division (A) or (B) of section 4511.19 of the Revised
Code, section
4511.194 of the Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI
ordinance; (iii) That the officer asked the person to take the
designated
chemical test or tests, advised the person in
accordance with this section of
the consequences of submitting to,
or
refusing to take, the test or tests, and gave the person the
form
described in division (B) of this section; (iv) That either the person refused to submit to the
chemical
test
or tests or, unless the arrest was for a violation
of section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance,
the person submitted to
the chemical test or tests and the test results
indicate a
prohibited concentration of
alcohol, a controlled substance, or a metabolite of a controlled substance in the person's whole blood,
blood serum or plasma,
breath, or urine at the time of the alleged
offense. (2) Division (D)(1) of this section does not apply to a
person
who is arrested for a violation of section 4511.194 of the
Revised Code or a substantially equivalent municipal ordinance, who is asked by a
law enforcement officer to submit
to a
chemical test or tests under section 4511.191 of the Revised
Code,
and who submits to the test or tests, regardless of the
amount of
alcohol, a controlled substance, or a metabolite of a controlled substance that the test results indicate is present in the
person's
whole blood, blood serum or plasma, breath, or urine. (E)
The arresting officer shall give the officer's sworn
report
that is completed under this
section to the arrested person
at the time of the arrest, or the registrar of
motor vehicles
shall send the report to the person
by regular first
class mail as
soon
as possible after receipt of the report, but not later than
fourteen days
after receipt of it. An
arresting officer may give
an unsworn report to the arrested person at the
time
of the arrest
provided the report is complete when given to the
arrested person
and subsequently is sworn to by the arresting
officer. As soon as
possible, but not later than forty-eight
hours after the arrest of
the person, the arresting officer shall
send a copy of the sworn
report to the court in which the arrested
person is to appear on
the charge for which the person was
arrested. (F)
The sworn report of an arresting officer completed under
this
section is prima-facie proof of the information and
statements
that it contains. It shall be admitted and considered
as
prima-facie proof of the information and statements that it
contains in any appeal under section 4511.197 of the Revised Code
relative to any suspension of a person's driver's or commercial
driver's
license or permit or nonresident operating privilege that
results from the arrest covered by the report.
Sec. 4511.194. (A) As used in this section: (1) "National highway traffic safety administration" has the
same meaning as in section 4511.19 of the Revised Code. (2) "Physical
control" means being in the driver's position
of the
front seat of
a vehicle or in the driver's position of a
streetcar
or trackless
trolley and having possession of the
vehicle's,
streetcar's, or
trackless trolley's ignition key or
other ignition
device. (B)
No person shall be in physical control of a
vehicle,
streetcar, or trackless trolley while if, at the time of the physical control, any of the following apply: (1) The person is under
the influence
of
alcohol,
a drug of abuse, or a combination of
them or
while the. (2) The
person's whole blood, blood serum or plasma,
breath, or
urine
contains at least the concentration of alcohol
specified in
division (A)(1)(b), (c), (d), or (e) of section 4511.19
of the
Revised Code. (3) Except as provided in division (E) of this section, 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 concentration specified in division (A)(1)(j) of section 4511.19 of the Revised Code. (C)(1) In any criminal prosecution or juvenile court
proceeding for a violation of this section or a substantially
equivalent municipal ordinance, if a law enforcement officer has
administered a field sobriety test to the person in physical
control 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: (a) The officer may testify concerning the results of the
field sobriety test so administered. (b) 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. (c) If testimony is presented or evidence is introduced under
division (C)(1)(a) or (b) 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. (2) Division (C)(1) 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
(C)(1) of this section. (D) Whoever violates this section is guilty of having
physical
control of a vehicle while under the influence, a
misdemeanor of the first
degree. In addition to other sanctions
imposed, the court may
impose on the offender a class seven
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)(7) of section 4510.02 of the Revised Code. (E) Division (B)(3) of this section does not apply to a person who is in physical control of 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 division (A)(1)(j) of section 4511.19 of the Revised Code, 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. Sec. 4766.15. (A)
An applicant for employment as an
ambulette driver with an organization licensed pursuant to this
chapter shall submit proof to the organization of, or give
consent
to the employer to obtain, all of the following: (1)(a)
A valid driver's license issued pursuant to
Chapter
4506. or
4507. of the Revised Code, or its equivalent, if the
applicant is a
resident of another state; (b)
A recent certified abstract of the applicant's record of
convictions for violations of motor vehicle laws provided by the
registrar of
motor vehicles pursuant to section
4509.05 of the
Revised Code, or its equivalent, if the applicant is
a resident of
another state. (2)(a)
A certificate of completion of a course in first aid
techniques offered by the American red cross or an equivalent
organization; (b)
A certificate of completion of a course in
cardiopulmonary
resuscitation, or its equivalent, offered by an
organization approved by
the Ohio medical transportation board. (3)
The result of a chemical test or tests of the
applicant's
blood, breath, or urine conducted at a hospital or
other
institution
approved by the board for
the purpose of
determining
the alcohol or, drug of abuse, controlled substance, or metabolite of a controlled substance content of the applicant's whole blood, blood serum or plasma,
breath, or urine; (4)
The result of a criminal records check conducted by
the
bureau of criminal identification and investigation. (B)
An organization may employ an applicant on a temporary
provisional
basis pending the completion of all of the
requirements of this section. The
length of the provisional
period shall be
determined by the board. (C)
An organization licensed pursuant to this chapter shall
use
information received pursuant to this section to determine in
accordance with rules adopted by the Ohio medical transportation
board under section 4766.03 of the Revised Code whether
an
applicant is
disqualified for employment. No applicant shall be accepted for permanent employment as an
ambulette
driver by an organization licensed pursuant to this
chapter until all of the
requirements of division (A) of this
section have been met.
Section 2. That existing sections 1547.11, 1547.111, 1547.99, 1905.01, 1905.03, 1905.05, 1905.201, 2317.02, 2317.022, 2317.422, 2743.51, 2919.22, 2923.16, 2937.46, 2951.02, 3701.143, 3937.41, 4506.17, 4510.01, 4510.032, 4510.036, 4510.17, 4510.54, 4511.181, 4511.19, 4511.191, 4511.192, 4511.194, and 4766.15 of the Revised Code are hereby repealed.
Section 3. Section 2317.02 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 374, Am. H.B. 533, and Am. Sub. S.B. 281, all of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act. Section 4. Section 4510.54 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.
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