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Sub. H. B. No. 181 As Passed by the SenateAs Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Stebelton, Evans, Healy, Combs, Yuko, Harwood, Huffman, Collier, Webster, Brown, Patton, Williams, B., Lundy, Dyer, Heard, Barrett, Boyd, Budish, Chandler, DeBose, Distel, Domenick, Driehaus, Fende, Flowers, Foley, Garrison, Gibbs, Hagan, J., Hagan, R., Hite, Letson, Luckie, Mallory, Miller, Oelslager, Okey, Otterman, Schindel, Schlichter, Schneider, Strahorn, Szollosi, Uecker, Wagoner, Williams, S., Zehringer
Senators Grendell, Cates, Harris, Mumper, Niehaus, Padgett, Seitz, Spada, Stivers, Fedor, Sawyer, Jacobson
A BILL
To amend sections 2151.417, 2151.424, 2901.30,
2949.092, 3313.672, 4511.181, and 4511.191 and to
enact sections 120.08, 2949.094, and 5502.68 of
the Revised
Code to revise the law with respect
to law enforcement cooperation
and schools'
record keeping duties in missing
children
investigations; to
require a court to impose an
additional court cost of ten dollars
for a moving
violation to provide funds for certain costs of
drug
task forces, certain costs of alcohol
monitoring
provided to
indigent offenders, and
certain indigent defense
costs; to create
the
Drug Law
Enforcement Fund to be administered
by
the Division
of
Criminal
Justice Services of
the Department
of Public Safety
for
the
provision of funds for drug task
forces; to
create the
Indigent Defense Support Fund to be
administered by the State
Public Defender for the
provision of the
funds for
indigent
defense; to
provide the funds
for the
costs of
alcohol
monitoring
provided to indigent
defendants out
of the Indigent
Drivers
Alcohol
Treatment Fund;
to
require the court to consider
in-state and
out-of-state
placement options in
review
hearings for permanency plans for
children
not
to be returned to parents; to require in any
such
review hearing the court or a
court-appointed
citizens board to
consult in an
age-appropriate
manner with the child about any
proposed
permanency plan; to specify that, in
certain
reviews or hearings regarding foster care
placement of a child,
custody of a child with a
relative other than a parent, or
adoption of a
child, the foster caregiver, relative, or
prospective adoptive parent has the right to
present evidence; and
to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.417, 2151.424, 2901.30,
2949.092, 3313.672, 4511.181, and 4511.191 be amended and sections
120.08, 2949.094, and 5502.68 of the Revised
Code be enacted to
read as follows:
Sec. 120.08. There is hereby created in the state treasury
the indigent defense support fund, consisting of money paid into
the fund pursuant to section 2949.094 of the Revised Code out of
the additional court costs imposed under that section. The
state
public defender shall use the money in the fund for the
purpose
of reimbursing county governments for expenses incurred
pursuant
to sections 120.18, 120.28, and 120.33 of the Revised
Code.
Disbursements from the fund to county governments shall be
made
in each state fiscal year and shall be allocated
proportionately
so that each county receives an equal percentage
of its total
cost for operating its county public defender system,
its joint
county public defender system, or its county appointed
counsel
system.
Sec. 2151.417. (A) Any court that issues a dispositional
order pursuant to section 2151.353, 2151.414, or 2151.415 of the
Revised Code may review at any time the child's placement or
custody arrangement, the case plan prepared for the child
pursuant
to section 2151.412 of the Revised Code, the actions of
the public
children services agency or private child placing
agency in
implementing that case plan, the child's permanency plan, if the
child's permanency plan has been approved, and any other aspects
of
the child's placement or custody arrangement. In conducting the
review, the court shall determine the appropriateness of any
agency actions, the safety and appropriateness of continuing the
child's
placement or custody arrangement, and whether any changes
should
be made with respect to the child's permanency plan or
placement or
custody
arrangement or with respect to the actions of
the agency under
the child's placement or custody arrangement.
Based upon the
evidence presented at a hearing held after notice
to all parties
and the guardian ad litem of the child, the court
may require the
agency, the parents, guardian, or custodian of the
child, and the
physical custodians of the child to take any
reasonable action
that the court determines is necessary and in
the best interest
of the child or to discontinue any action that
it determines is
not in the best interest of the child.
(B) If a court issues a dispositional order pursuant to
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the
court has continuing jurisdiction over the child as set forth in
division (E)(1) of section 2151.353 of the Revised Code. The
court
may amend a dispositional order in accordance with division
(E)(2)
of section 2151.353 of the Revised Code at any time upon
its own
motion or upon the motion of any interested party. The court shall
comply with section 2151.42 of the Revised Code in
amending any
dispositional order pursuant to this division.
(C) Any court that issues a dispositional order pursuant
to
section 2151.353, 2151.414, or 2151.415 of the Revised Code
shall
hold a review hearing one year after the earlier of the
date on
which the complaint in the case was filed or the child
was first
placed into shelter care to review the case plan
prepared pursuant
to section 2151.412 of the Revised Code and the child's
placement
or custody arrangement, to approve
or review the permanency
plan
for the child, and to make changes to the case plan and
placement
or custody arrangement consistent with the permanency
plan. The
court
shall schedule the review hearing at the time that it holds
the
dispositional hearing pursuant to section 2151.35 of the
Revised
Code.
The court shall hold a similar review hearing no later than
every twelve months after the initial review hearing until the
child is adopted, returned to the parents, or the court
otherwise
terminates the child's placement or custody arrangement, except
that the dispositional hearing held pursuant to section 2151.415
of the Revised Code shall take the place of the first review
hearing to be held under this section. The court shall schedule
each subsequent review hearing at the conclusion of the review
hearing immediately preceding the review hearing to be scheduled.
(D) If, within fourteen days after a written summary of an
administrative review is filed with the court pursuant to section
2151.416 of the Revised Code, the court does not approve the
proposed change to the case plan filed pursuant to
division (E) of
section
2151.416 of the Revised Code or a party or the guardian
ad
litem requests a review
hearing pursuant to division (E) of that
section, the court shall hold a
review hearing in the same
manner
that it holds review hearings pursuant to division (C) of
this
section, except that if a review hearing is required by this
division and if a hearing is to be held pursuant to division (C)
of this section or section 2151.415 of the Revised Code, the
hearing held pursuant to division (C) of this section or section
2151.415 of the Revised Code shall take the place of the review
hearing required by this division.
(E) If a court determines
pursuant to section 2151.419 of the
Revised Code that a public children
services agency or private
child placing agency is not required
to make reasonable efforts to
prevent the removal of a child
from the child's home, eliminate
the continued removal of a
child from the child's home, and return
the child to the child's
home, and the court does not return the
child to the child's home pursuant to
division (A)(3) of section
2151.419 of the Revised
Code, the court shall hold a review
hearing to approve the permanency plan for the child and, if
appropriate, to make changes to the child's case plan and the
child's placement or custody arrangement consistent with the
permanency plan. The court may hold the hearing immediately
following the determination under section 2151.419 of the
Revised
Code and shall hold it no later
than thirty days after making that
determination.
(F) The court shall give notice of the review hearings
held
pursuant to this section to every interested party,
including, but
not limited to, the appropriate agency employees
who are
responsible for the child's care and planning, the
child's
parents, any person who had guardianship or legal custody
of the
child prior to the custody order, the child's guardian ad
litem,
and the child. The court shall summon every interested
party to
appear at the review hearing and give them an
opportunity to
testify and to present other evidence with respect
to the child's
custody arrangement, including, but not limited
to, the following:
the case plan for the child, the
permanency plan, if one exists;
the actions taken by the child's
custodian; the need for a change
in the child's custodian or
caseworker; and the need for any
specific action to
be taken with
respect to the child. The court
shall require any interested
party to testify or present other
evidence when necessary to a
proper determination of the issues
presented at the review
hearing. In any review hearing that
pertains to a permanency plan for a child who will not be returned
to the parent, the court shall consider in-state and out-of-state
placement options, and the court shall determine whether the
in-state or the out-of-state placement continues to be appropriate
and in the best interests of the child. In any review hearing that
pertains to a permanency plan for a child, the court or a citizens
board appointed by the court pursuant to division (H) of this
section shall consult with the child, in an age-appropriate
manner, regarding the proposed permanency plan for the child.
(G) After the review hearing, the court shall take the
following actions based upon the evidence presented:
(1) If an administrative review has been conducted,
determine
whether the conclusions of the
review are supported by a
preponderance of the
evidence and approve or modify the case plan
based upon that
evidence;
(2) If the hearing was held under
division (C) or
(E) of this
section, approve a
permanency plan for the child that specifies
whether and, if
applicable, when the child will be safely returned
home or placed
for adoption, for legal custody, or in a planned
permanent
living arrangement. A permanency plan approved after a
hearing
under division (E) of this
section shall not include any
provision requiring the child to
be returned to the child's home.
(3) If the child is in temporary custody, do all of the
following:
(a) Determine whether the child can and should be returned
home with or without an order for protective supervision;
(b) If the child can and should be returned home with or
without an order for protective supervision, terminate the order
for temporary custody;
(c) If the child cannot or should not be returned home
with
an order for protective supervision, determine whether the
agency
currently with custody of the child should retain custody
or
whether another public children services agency, private child
placing agency, or an individual should be given custody of the
child.
The court shall comply with section 2151.42 of the Revised
Code in taking any action under
this division.
(4) If the child is in permanent custody, determine what
actions are required by the custodial agency and of any other
organizations or persons in order to facilitate an adoption of
the
child and make any appropriate orders with respect to the
custody
arrangement or conditions of the child, including, but
not limited
to, a transfer of permanent custody to another public
children
services agency or private child placing agency;
(5) Journalize the terms of the updated case plan for the
child.
(H) The court may appoint a referee or a citizens review
board to conduct the review hearings that the court is required
by
this section to conduct, subject to the review and approval by
the
court of any determinations made by the referee or citizens
review
board. If the court appoints a citizens review board to
conduct
the review hearings, the board shall consist of one
member
representing the general public and four members who are
trained
or experienced in the care or placement of children and
have
training or experience in the fields of medicine,
psychology,
social work, education, or any related field. Of the
initial
appointments to the board, two shall be for a term of one
year,
two shall be for a term of two years, and one shall be for
a term
of three years, with all the terms ending one year after
the date
on which the appointment was made. Thereafter, all
terms of the
board members shall be for three years and shall end
on the same
day of the same month of the year as did the term
that they
succeed. Any member appointed to fill a vacancy
occurring prior to
the expiration of the term for which the
member's
predecessor was
appointed shall hold office for the remainder of
the term.
(I) A copy of the court's determination following any
review
hearing held pursuant to this section shall be sent to the
custodial agency, the guardian ad litem of the child who is the
subject of the review hearing, and, if that child is not the
subject of a permanent commitment hearing, the parents of the
child.
(J) If the hearing held under this section takes the place
of
an administrative review that otherwise would have been held
under
section 2151.416 of the Revised Code, the court at the
hearing
held under this section shall do all of the following in
addition
to any other requirements of this section:
(1) Determine the continued necessity for and the safety and
appropriateness of the child's placement;
(2) Determine the extent of compliance with the child's
case
plan;
(3) Determine the extent of progress that has been made
toward alleviating or mitigating the causes necessitating the
child's placement in foster care;
(4) Project a likely date by which the child may be
safely
returned home or placed for adoption or legal custody.
(K)(1) Whenever the court is required to approve a
permanency
plan under this section or section
2151.415 of the Revised
Code,
the public children
services agency or private child placing
agency that filed the
complaint in the case, has custody of the
child, or will be
given custody of the child shall develop a
permanency plan for
the child. The agency must file the plan with
the court prior
to the hearing under this section or section
2151.415 of the
Revised
Code.
(2) The permanency plan developed by the agency must
specify
whether and, if applicable, when the child will be
safely returned
home or placed for adoption or legal custody.
If the agency
determines that there is a compelling reason why
returning the
child home or placing the child for adoption or
legal custody is
not in the best interest of the child,
the plan shall provide that
the child will be placed in a
planned permanent living
arrangement. A permanency plan developed
as a result of a
determination
made under division (A)(2) of
section 2151.419 of
the Revised
Code may not include any provision requiring the child
to be returned
home.
Sec. 2151.424. (A) If a child has been placed in
a certified
foster home or is in the custody of a relative of the
child,
other
than a parent of the child, a court, prior to conducting
any
hearing pursuant to division
(E)(2) or (3) of section
2151.412 or
section 2151.28, 2151.33, 2151.35, 2151.414,
2151.415, 2151.416,
or 2151.417 of the
Revised
Code with respect to the child,
shall
notify the foster caregiver or relative of the date, time,
and
place of the hearing. At the hearing, the foster caregiver
or
relative may shall have the right to present evidence.
(B) If a public children
services agency or private child
placing agency has permanent
custody of a child and a petition to
adopt the child has been
filed under Chapter 3107. of the
Revised
Code, the agency, prior to
conducting a review under section
2151.416 of the
Revised
Code, or a court, prior to
conducting a
hearing under division
(E)(2) or (3) of section
2151.412 or
section 2151.416 or 2151.417 of the
Revised
Code, shall notify the
prospective adoptive parent of the date, time, and place of the
review or hearing. At the review or hearing, the prospective
adoptive parent
may shall have the right to
present evidence.
(C) The notice and the
opportunity to present evidence do not
make the foster
caregiver, relative, or prospective adoptive
parent a party in
the action or proceeding pursuant to which the
review or hearing is conducted.
Sec. 2901.30. (A) As used in sections 2901.30 to 2901.32
of
the Revised Code:
(1) "Information" means information that can be integrated
into the computer system and that relates to the physical or
mental description of a minor including, but not limited to,
height, weight, color of hair and eyes, use of eyeglasses or
contact lenses, skin coloring, physical or mental handicaps,
special medical conditions or needs, abnormalities, problems,
scars and marks, and distinguishing characteristics, and other
information that could assist in identifying a minor including,
but not limited to, full name and nickname, date and place of
birth, age, names and addresses of parents and other relatives,
fingerprints, dental records, photographs, social security
number,
driver's license number, credit card numbers, bank
account
numbers, and clothing.
(2) "Minor" means a person under eighteen years of age.
(3) "Missing children" or "missing child" means either of
the
following:
(a) A minor who has run away from or who otherwise is
missing
from the home of, or the care, custody, and control of,
the
minor's parents, parent who is the residential parent and legal
custodian, guardian, legal custodian, or other person having
responsibility for the care of the minor;
(b) A minor who is missing and about whom there is reason
to
believe the minor could be the victim of a violation of section
2905.01, 2905.02, 2905.03, or 2919.23 of the Revised
Code or of a
violation of section 2905.04 of the Revised
Code as it existed
prior to the effective date of this amendment
July 1, 1996.
(B) When a law enforcement agency in this state that has
jurisdiction in the matter is informed that a minor is or may be
a
missing child and that the person providing the information
wishes
to file a missing child report, the law enforcement agency
shall
take that report. Upon taking the report, the law
enforcement
agency shall take prompt action upon it, including,
but not
limited to, concerted efforts to locate the missing
child. No law
enforcement agency in this state shall have a rule
or policy that
prohibits or discourages the filing of or the
taking of action
upon a missing child report, within a specified
period following
the discovery or formulation of a belief that a
minor is or could
be a missing child.
(C) If a missing child report is made to a law enforcement
agency in this state that has jurisdiction in the matter, the law
enforcement agency shall gather readily available information
about the missing child and integrate it into the national crime
information center computer within twelve hours following the
making of the report. The law enforcement agency shall make
reasonable efforts to acquire additional information about the
missing child following the transmittal of the initially
available
information, and promptly integrate any additional
information
acquired into such computer systems.
Whenever a law enforcement agency integrates information
about a missing child into the national crime information center
computer, the law enforcement agency promptly shall notify the
missing child's parents, parent who is the residential parent and
legal custodian, guardian, or legal custodian, or any other
person
responsible for the care of the missing child, that it has
so
integrated the information.
The parents, parent who is the residential parent and legal
custodian, guardian, legal custodian, or other person responsible
for the care of the missing child shall provide available
information upon request, and may provide information
voluntarily,
to the law enforcement agency during the information
gathering
process. The law enforcement agency also may obtain
available
information about the missing child from other persons,
subject to
constitutional and statutory limitations.
(D) Upon the filing of a missing child report, the law
enforcement agency involved may notify the public or nonpublic
school in which the missing child is or was most recently
enrolled, as ascertained by the agency, that the child is the
subject of a missing child report and that the child's school
records are to be marked in accordance with section 3313.672 of
the Revised Code.
(E) Upon the filing of a missing child report, the law
enforcement agency involved promptly shall make a reasonable
attempt to notify other law enforcement agencies within its
county
and, if the agency has jurisdiction in a municipal
corporation or
township that borders another county, to notify
the law
enforcement agency for the municipal corporation or
township in
the other county with which it shares the border,
that it has
taken a missing child report and may be requesting
assistance or
cooperation in the case, and provide relevant
information to the
other law enforcement agencies. The agency
may notify additional
law enforcement agencies, or appropriate
public children services
agencies, about the case, request their
assistance or
cooperation
in the case, and provide them with relevant
information.
Upon request from a law enforcement agency, a public
children
services agency shall grant the law
enforcement agency access to
all information concerning a missing
child that the agency
possesses that may be
relevant
to the law enforcement agency in
investigating a missing child
report concerning that child. The
information obtained by the
law enforcement agency shall be used
only to further the
investigation to locate the missing child.
(E)(F) Upon request, law enforcement agencies in this state
shall provide assistance to, and cooperate with, other law
enforcement agencies in their investigation of missing child
cases. The assistance and cooperation under this paragraph shall
be pursuant to any terms agreed upon by the law enforcement
agencies, which may include the provision of law enforcement
services or the use of law enforcement equipment or the
interchange of services and equipment among the cooperating law
enforcement agencies. Chapter 2744. of the Revised Code, insofar
as it applies to the operation of law enforcement agencies, shall
apply to the cooperating political subdivisions and to the law
enforcement agency employees when they are rendering services
pursuant to this paragraph outside the territory of the political
subdivision by which they are employed. Law enforcement agency
employees rendering services outside the territory of the
political subdivision in which they are employed, pursuant to this
paragraph, shall be entitled to participate in any indemnity fund
established by their employer to the same extent as if they were
rendering service within the territory of their employing
political subdivision. Those law enforcement agency employees also
shall be entitled to all the rights and benefits of Chapter 4123.
of the Revised Code to the same extent as if rendering services
within the territory of their employing political subdivision.
The information in any missing child report made to a law
enforcement agency shall be made available, upon request, to law
enforcement personnel of this state, other states, and the
federal
government when the law enforcement personnel indicate
that the
request is to aid in identifying or locating a missing
child or
the possible identification of a deceased minor who,
upon
discovery, cannot be identified.
(F)(G) When a missing child has not been located within
thirty days after the date on which the missing child report
pertaining to the child was filed with a law enforcement agency,
that
law enforcement agency shall request the missing child's
parents,
parent who is the residential parent and legal custodian,
guardian, or legal custodian, or any other person responsible for
the care of the missing child, to provide written consent for the
law enforcement agency to contact the missing child's dentist and
request the missing child's dental records. Upon receipt of such
written consent, the dentist shall release a copy of the missing
child's dental records to the law enforcement agency and shall
provide and encode the records in such form as requested by the
law enforcement agency. The law enforcement agency then shall
integrate information in the records into the national crime
information center computer in order to compare the records to
those of unidentified deceased persons. This division does not
prevent a law enforcement agency from seeking consent to obtain
copies of a missing child's dental records, or prevent a missing
child's parents, parent who is the residential parent and legal
custodian, guardian, or legal custodian, or any other person
responsible for the care of the missing child, from granting
consent for the release of copies of the missing child's dental
records to a law enforcement agency, at any time.
(G)(H) A missing child's parents, parent who is the
residential parent and legal custodian, guardian, or legal
custodian, or any other persons responsible for the care of a
missing child, immediately shall notify the law enforcement
agency
with which they filed the missing child report whenever
the child
has returned to their home or to their care, custody,
and control,
has been released if the missing child was the victim
of an
offense
listed in division (A)(3)(b) of this section, or otherwise
has
been located. Upon such notification or upon otherwise
learning
that a missing child has returned to the home of, or to
the care,
custody, and control of the missing child's parents,
parent who is
the
residential parent and legal custodian,
guardian, legal
custodian, or other person responsible for the
missing child's
care, has been
released if the missing child was
the victim of an offense listed in
division
(A)(3)(b) of this
section, or otherwise has been located, the law
enforcement agency
involved promptly shall integrate the fact
that the minor no
longer is a missing child into the national
crime information
center computer and shall inform any school that was notified
under division (D) of this section that the minor is no longer a
missing child.
(H)(I) Nothing contained in this section shall be construed
to impair the confidentiality of services provided to runaway
minors by shelters for runaway minors pursuant to sections
5119.64
to 5119.68 of the Revised Code.
Sec. 2949.092. If a person is convicted of or pleads guilty
to an offense and
the court specifically is required, pursuant to
section 2743.70, 2949.091, or 2949.093, or 2949.094 of
the Revised
Code or pursuant to any other section of the Revised Code to
impose a specified sum
of money as costs in the case in addition
to any other costs that the court is
required or permitted by law
to impose in the case, the court shall not waive
the payment of
the specified additional court costs that the section of the
Revised Code specifically requires the court to impose unless the
court
determines that the offender is indigent and the court
waives the payment of
all court costs imposed upon the offender.
Sec. 2949.094. (A) The court in which any person is convicted
of or pleads guilty to any moving violation shall impose an
additional court cost of ten dollars upon the offender. The court
shall not waive the payment of the ten dollars unless the court
determines that the offender is indigent and waives the payment of
all court costs imposed upon the indigent offender.
The clerk of the court shall transmit thirty-five per cent of
all
additional court
costs collected pursuant to this division
during
a month on the
first business day of the following month
to the
division of
criminal justice services, and the division
of
criminal justice
services shall deposit the money
so
transmitted
into the drug law enforcement fund created under
section 5502.68
of the Revised Code. The clerk shall transmit
fifteen per cent of
all additional court costs so collected
during a month on the
first business day of the following month
to the state treasury to
be credited to the indigent drivers
alcohol treatment fund created
under section 4511.191 of the
Revised Code and to be distributed
by the department of alcohol
and drug addiction services as
provided in division (H) of that
section. The clerk shall
transmit fifty per cent of all
additional court costs so collected
during a month on the first
business day of the following month to
the state treasury to be
credited to the indigent
defense support
fund created pursuant
to section 120.08 of the
Revised Code.
(B) The juvenile court in which a child is found to be a
juvenile traffic offender for an act that is a moving violation
shall impose an additional court cost of ten dollars upon the
juvenile traffic offender. The juvenile court shall not waive the
payment of the ten dollars unless the court determines that the
juvenile is indigent and waives the payment of all court costs
imposed upon the indigent offender.
The clerk of the court shall transmit thirty-five per cent of
all
additional court
costs collected pursuant to this division
during
a month on the
first business day of the following month
to the
division of
criminal justice services, and the division
of
criminal justice
services shall deposit the money
so
transmitted
into the drug law enforcement fund created under
section 5502.68
of the Revised Code. The clerk shall transmit
fifteen per cent of
all additional court costs so collected
during a month on the
first business day of the following month
to the state treasury to
be credited to the indigent drivers
alcohol treatment fund created
under
section 4511.191 of
the
Revised Code and to be
distributed by the department of
alcohol
and drug addiction
services as provided in division (H)
of that
section. The clerk
shall
transmit fifty per cent
of all
additional court costs so
collected
during a month on the
first
business day of the
following month to
the state treasury
to be
credited to the
indigent
defense support
fund created
pursuant
to section 120.08
of the
Revised Code.
(C) Whenever a person is charged with any offense that is a
moving violation and posts bail, the court shall add to the amount
of the bail the ten dollars required to be paid by division (A)
of this section. The clerk of the court shall retain the ten
dollars until the person is convicted, pleads guilty, forfeits
bail, is found not guilty, or has the charges dismissed. If the
person is convicted, pleads guilty, or forfeits bail, the clerk
shall transmit three dollars and fifty cents out of the ten
dollars to the
division of criminal
justice services, and the
division of
criminal justice services
shall deposit the money so
transmitted
into the drug law enforcement fund created under
section 5502.68
of the Revised Code, the clerk shall transmit one
dollar and fifty cents
out
of
the ten dollars to the state
treasury to be credited to the
indigent drivers alcohol treatment
fund created under section
4511.191 of the Revised Code and to be
distributed by the
department of alcohol and drug addiction
services as provided in
division (H) of that section, and the
clerk
shall transmit five
dollars out of the ten dollars
to the
state treasury to be
credited to the indigent defense
support
fund created under
section 120.08 of the Revised Code. If the
person is found not
guilty or
the charges
are
dismissed, the
clerk shall return the
ten
dollars
to the
person.
(D) No person shall be placed or held in a detention facility
for failing to pay the court cost or bail that is required to be
paid by this section.
(E) As used in this section:
(1) "Bail" and "moving violation" have the same meanings as
in section 2949.093 of the Revised Code.
(2) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
(3) "Division of criminal justice services" means the
division of criminal justice services of the department of public
safety, created by section 5502.62 of the Revised Code.
Sec. 3313.672. (A)(1) At the time of
initial entry to
a
public or nonpublic school, a pupil shall present to the person
in
charge of admission any records given
the pupil by the
public
or
nonpublic elementary or secondary school
the pupil
most
recently
attended; a certified copy of an order or decree, or
modification
of such an order or decree allocating parental rights
and
responsibilities for the care of a child and designating a
residential parent and legal custodian of the child, as provided
in division (B) of this section, if that type of order or decree
has been issued;
a copy of a power of attorney or caretaker
authorization affidavit, if either has been executed with respect
to the child pursuant to sections 3109.51 to 3109.80 of the
Revised Code; and a certification of birth issued pursuant to
Chapter 3705. of the Revised Code, a comparable certificate or
certification issued pursuant to the statutes of another state,
territory, possession, or nation, or a document in lieu of a
certificate or certification as described in divisions (A)(1)(a)
to (e) of this section. Any of the following shall be accepted
in
lieu of a certificate or certification of birth by the person
in
charge of admission:
(a) A passport or attested transcript of a passport filed
with a registrar of passports at a point of entry of the United
States showing the date and place of birth of the child;
(b) An attested transcript of the certificate of birth;
(c) An attested transcript of the certificate of baptism
or
other religious record showing the date and place of birth of
the
child;
(d) An attested transcript of a hospital record showing
the
date and place of birth of the child;
(2) If a pupil requesting admission to a school of the school
district in which the pupil is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code has been discharged
or released from the custody of the department of youth services
under section 5139.51 of the Revised Code just prior to requesting
admission to the school, no school official shall admit that pupil
until the records described in divisions (D)(4)(a) to (d) of
section 2152.18 of the Revised Code have been received by the
superintendent of the school district.
(3) Except as otherwise provided in division (A)(2) of this
section, within twenty-four hours of the entry into the school
of
a pupil described in division (A)(1) of this section, a school
official shall request the pupil's official records from the
public or nonpublic elementary or secondary school
the pupil
most
recently attended. If the public or nonpublic school the
pupil
claims to have most recently attended indicates that it has
no
record of the pupil's attendance or the records are not
received
within fourteen days of the date of request, or if the
pupil does
not present a certification of birth described in
division (A)(1)
of this section, a comparable certificate or
certification from
another state, territory, possession, or
nation, or another
document specified in divisions (A)(1)(a) to
(d)(e) of this
section,
the principal or chief administrative officer
of the
school shall
notify the law enforcement agency having
jurisdiction
in the area
where the pupil resides of this fact and
of the
possibility that
the pupil may be a missing child, as
defined in
section 2901.30
of the Revised Code.
(B)(1) Whenever an order or decree allocating parental
rights
and responsibilities for the care of a child and
designating a
residential parent and legal custodian of the child,
including a
temporary order, is issued resulting from an action of
divorce,
alimony, annulment, or dissolution of marriage, and the
order or
decree pertains to a child who is a pupil in a public or
nonpublic
school, the residential parent of the child shall
notify
the
school of those allocations and designations by
providing the
person in charge of admission at the pupil's school
with a
certified copy of the order or decree that made the
allocation and
designation. Whenever there is a modification of
any order or
decree allocating parental rights and
responsibilities for the
care of a child and designating a
residential parent and legal
custodian of the child that has been
submitted to a school, the
residential parent shall provide the
person in charge of admission
at the pupil's school with a
certified copy of the order or decree
that makes the
modification.
(2) Whenever a power of attorney is executed under sections
3109.51 to 3109.62 of the Revised Code that pertains to a child
who is a pupil in a public or nonpublic school, the attorney in
fact shall notify the school of the power of attorney by providing
the person in charge of admission with a copy of the power of
attorney. Whenever a caretaker authorization affidavit is
executed
under sections 3109.64 to 3109.73 of the Revised Code
that
pertains to a child who is in a public or nonpublic school,
the
grandparent who executed the affidavit shall notify the school of
the
affidavit by providing the person in charge of admission with
a
copy of the affidavit.
(C) If, at the time of a pupil's initial entry to a public
or
nonpublic school, the pupil is under the care of a shelter for
victims of domestic violence, as defined in section 3113.33 of
the
Revised Code, the pupil or
the pupil's parent shall
notify the
school of that fact. Upon being so informed, the school shall
inform the elementary or secondary school from which it requests
the
pupil's records of that fact.
(D) Whenever a public or nonpublic school is notified by a
law enforcement agency pursuant to division (D) of section 2901.30
of the Revised Code that a missing child report has been filed
regarding a pupil who is currently or was previously enrolled in
the school, the person in charge of admission at the school shall
mark that pupil's records in such a manner that whenever a copy of
or information regarding the records is requested, any school
official responding to the request is alerted to the fact that the
records are those of a missing child. Upon any request for a copy
of or information regarding a pupil's records that have been so
marked, the person in charge of admission immediately shall report
the request to the law enforcement agency that notified the school
that the pupil is a missing child. When forwarding a copy of or
information from the pupil's records in response to a request, the
person in charge of admission shall do so in such a way that the
receiving district or school would be unable to discern that the
pupil's records are marked pursuant to this division but shall
retain the mark in the pupil's records until notified that the
pupil is no longer a missing child. Upon notification by a law
enforcement agency that a pupil is no longer a missing child, the
person in charge of admission shall remove the mark from the
pupil's records in such a way that if the records were forwarded
to another district or school, the receiving district or school
would be unable to
discern that the records were ever marked.
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," "continuous alcohol
monitoring," "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.
(E) "Drug of abuse" has the same meaning as in section
4506.01 of the Revised Code.
Sec. 4511.191. (A)(1) As used in this section:
(a)"Physical control" has the same
meaning as in section
4511.194 of the Revised Code.
(b) "Alcohol monitoring device" means any device that
provides for continuous alcohol monitoring, any ignition interlock
device, any immobilizing or disabling device other than an
ignition interlock device that is constantly available to monitor
the concentration of alcohol in a person's system, or any other
device that provides for the automatic testing and periodic
reporting of alcohol consumption by a person and that a court
orders a person to use as a sanction imposed as a result of the
person's conviction of or plea of guilty to an offense.
(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
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 to 4511.197
of the
Revised
Code that a nonresident's privilege to
operate a
vehicle
within
this state has been suspended, the
registrar shall
give
information in writing of the action taken
to the motor
vehicle
administrator of the state of the person's
residence and
of any
state in which the person has a license.
(F) At the end of a suspension period under this section,
under section 4511.194,
section 4511.196, or division
(G) of
section
4511.19 of the
Revised Code, or under section
4510.07 of
the
Revised Code for a violation of a municipal OVI
ordinance and
upon
the request of the person whose driver's or
commercial
driver's
license or permit was suspended and who is
not
otherwise
subject
to suspension,
cancellation, or
disqualification, the
registrar shall return the driver's or
commercial driver's license
or permit to the person upon the
occurrence of all of the
conditions
specified in divisions
(F)(1) and (2)
of this section:
(1) A showing
that the person has proof of
financial
responsibility, a policy of liability insurance in
effect that
meets the minimum standards set forth in section
4509.51 of the
Revised Code, or proof, to the satisfaction of the
registrar,
that
the person is able to respond in damages in an
amount at
least
equal to the minimum amounts specified in section
4509.51
of the
Revised Code.
(2) Subject to the limitation contained in division
(F)(3)
of
this section, payment by the person
to the bureau of
motor
vehicles of a license
reinstatement fee
of four hundred
twenty-five dollars,
which fee
shall be deposited in the state
treasury and credited
as follows:
(a) One hundred twelve dollars and fifty
cents shall be
credited to the statewide
treatment and prevention fund created by
section 4301.30 of the Revised Code.
The fund shall be
used to
pay the costs of driver treatment and
intervention programs
operated pursuant to sections 3793.02 and
3793.10 of the Revised
Code. The director of alcohol and drug
addiction services shall
determine the share of the fund that is
to be allocated to alcohol
and drug addiction programs authorized
by section 3793.02 of the
Revised Code, and the share of the fund
that is to be allocated to
drivers' intervention programs
authorized by section 3793.10 of
the Revised Code.
(b) Seventy-five dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code.
(c) Thirty-seven dollars and fifty cents
shall be credited
to
the indigent
drivers alcohol treatment fund, which is hereby
established. Except as
otherwise provided in division
(F)(2)(c)
of
this section, moneys in the fund shall be
distributed by the
department of alcohol and drug addiction
services to the county
indigent drivers alcohol
treatment funds,
the county juvenile
indigent drivers alcohol treatment funds,
and
the municipal
indigent drivers alcohol treatment funds that are
required to be
established by counties and municipal corporations
pursuant
to
this section, and shall be used only
to pay
the cost of an alcohol
and drug addiction treatment program
attended by an offender or
juvenile traffic offender who is
ordered to attend an alcohol and
drug addiction treatment program
by a county, juvenile, or
municipal court judge and who is
determined by the county,
juvenile, or municipal court judge not
to have the means to pay
for
the person's attendance at the
program or to pay the costs
specified in division
(H)(4) of
this section in accordance with
that
division. In addition, a county, juvenile, or municipal court
judge may use moneys in the county indigent drivers alcohol
treatment fund, county juvenile indigent drivers alcohol treatment
fund, or municipal indigent drivers alcohol treatment fund to pay
for the cost of the continued use of an electronic continuous
alcohol monitoring device as described in divisions (H)(3) and (4)
of this section. Moneys in the fund
that are not
distributed to a
county indigent drivers alcohol
treatment fund,
a county juvenile
indigent drivers alcohol
treatment fund, or a
municipal indigent
drivers alcohol treatment
fund under division
(H) of this section
because the director of
alcohol and drug addiction
services does
not have the information
necessary to identify the county or
municipal corporation where
the offender or juvenile offender was
arrested may
be transferred
by the director of budget and
management to the
statewide
treatment and prevention
fund created
by section
4301.30 of the
Revised Code, upon certification of the
amount by the director
of
alcohol and drug
addiction services.
(d) Seventy-five dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent.
(e) Seventy-five dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division
(F)(4) of
this section.
(f) Thirty dollars shall be credited to the state bureau of
motor
vehicles fund created by section 4501.25 of the Revised
Code.
(g) Twenty dollars shall be credited to the trauma and
emergency
medical services grants fund created by section 4513.263
of the
Revised Code.
(3) If a person's driver's or commercial driver's license or
permit is suspended under
this
section,
under section 4511.196 or
division
(G) of section
4511.19 of the Revised Code,
under
section
4510.07 of the Revised
Code for a violation of a municipal
OVI
ordinance or
under any
combination of the
suspensions
described in
division
(F)(3) of
this section, and if the
suspensions arise from
a single incident
or a single set of facts
and
circumstances, the
person is liable
for payment of, and shall
be required to
pay to
the bureau, only
one reinstatement fee of
four hundred
twenty-five
dollars.
The
reinstatement fee shall be
distributed by the bureau
in
accordance
with division
(F)(2) of
this section.
(4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to
a law enforcement agency under
this
section shall be used by
the
agency to pay for not more than
fifty
per cent of the amount
of
the salaries of law enforcement
officers
who conduct drug abuse
resistance education programs in
public
schools. The attorney
general shall not use more than six
per
cent of the amounts the
attorney general's office
receives under
division
(F)(2)(e) of
this section to pay the costs it incurs
in
administering the grant
program established by division
(F)(2)(e)
of this section and in
providing training and
materials relating
to drug abuse resistance
education programs.
The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs.
(G) Suspension of a commercial driver's license under
division
(B) or
(C) of this section shall be concurrent with
any
period of disqualification under section 3123.611 or
4506.16
of
the Revised Code or any period of suspension under section
3123.58
of the Revised Code. No person who is disqualified for
life from
holding a
commercial driver's license under section
4506.16 of the
Revised
Code shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period for
which the
commercial
driver's license was suspended under division
(B) or
(C) of this
section. No person whose
commercial driver's license
is
suspended under division
(B) or
(C) of this section shall be
issued a driver's license under
Chapter 4507. of the Revised Code
during the period
of
the suspension.
(H)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an
indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (F) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, all portions of
additional costs imposed under section 2949.094 of the Revised
Code that are specified for deposit into a county, county
juvenile, or municipal indigent drivers alcohol treatment fund by
that section, 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
and
that portion of the additional court cost that is imposed under
section 2949.094 of the Revised Code and that is specified by that
section for deposit into 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 Regarding a suspension in question was imposed
under this
section or additional court costs, that portion of the
fee shall be deposited as follows:
(i) If the fee or court cost is paid by a person who was
charged in a
county court with the violation that resulted in the
suspension or in the imposition of the court costs,
the portion
shall be deposited into the county indigent drivers
alcohol
treatment fund under the control of that court;
(ii) If the fee or court cost is paid by a person who was
charged in a
juvenile court with the violation that resulted in
the
suspension or in the imposition of the court costs,
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 or court cost is paid by a person who was
charged in a
municipal court with the violation that resulted in
the
suspension or in the imposition of the court costs, the
portion shall be deposited into the municipal
indigent drivers
alcohol treatment fund under the control of that
court.
(b) If the Regarding a suspension in question was imposed
under
section
4511.19 of the Revised Code
or under
section 4510.07
of the
Revised Code for a violation of a municipal
OVI ordinance,
that
portion
of the fee shall be deposited as
follows:
(i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court;
(ii) If the fee is paid by a person whose license or
permit
was suspended by a municipal court, the portion shall be
deposited
into the municipal indigent drivers alcohol treatment
fund under
the control of that court.
(3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of the
attendance at an alcohol and drug addiction treatment program of
a
person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of attendance at the
treatment
program or for payment of the costs specified in division
(H)(4)
of this section in accordance with that division. The
alcohol and
drug addiction services board or the board of alcohol,
drug
addiction, and
mental health services established pursuant to
section 340.02 or
340.021 of
the Revised Code and serving the
alcohol, drug addiction, and mental
health service district in
which the court is located shall
administer the indigent drivers
alcohol treatment program of the
court. When a court orders an
offender or juvenile traffic
offender to attend an alcohol and
drug addiction treatment
program, the board shall determine which
program is suitable to
meet the needs of the offender or juvenile
traffic offender, and
when a suitable program is located and space
is available at the
program, the offender or juvenile traffic
offender shall attend
the program designated by the board. A
reasonable amount not to
exceed five per cent of the amounts
credited to and deposited
into the county indigent drivers alcohol
treatment fund, the
county juvenile indigent drivers alcohol
treatment fund, or the
municipal indigent drivers alcohol
treatment fund serving every
court whose program is administered
by that board shall be paid
to the board to cover the costs it
incurs in administering those
indigent drivers alcohol treatment
programs.
In addition, a county, juvenile, or municipal court judge may
use moneys in the county indigent drivers alcohol treatment fund,
county juvenile indigent drivers alcohol treatment fund, or
municipal indigent drivers alcohol treatment fund in the following
manners:
(a) If the source of the moneys was an appropriation of the
general assembly, a portion of a fee that was paid under division
(F) of this section, a portion of a fine that was specified for
deposit into the fund by section 4511.193 of the Revised Code, or
a portion of a fine that was paid for a violation of section
4511.19 of the Revised Code or of a provision contained in Chapter
4510. of the Revised Code that was required to be deposited into
the fund, to pay for the
continued use of an electronic
continuous alcohol monitoring
device by an offender or juvenile
traffic offender, in conjunction
with a treatment program
approved by the department of alcohol and
drug addiction
services, when such use is determined clinically
necessary by the
treatment program and when the court determines
that the offender
or juvenile traffic offender is unable to pay
all or part of the
daily monitoring or cost of the device;
(b) If the source of the moneys was a portion of an
additional court cost imposed under section 2949.094 of the
Revised Code, to pay for the continued use of an
alcohol
monitoring device by an offender or juvenile traffic
offender
when the court determines that the offender or juvenile
traffic
offender is unable to pay all or part of the daily
monitoring or
cost of the device. The moneys may be used for a
device as
described in this division if the use of the device is
in
conjunction with a treatment program approved by the department
of alcohol and drug addiction services, when the use of the device
is determined clinically necessary by the treatment program, but
the use of a device is not required to be in conjunction with a
treatment program approved by the department in order for the
moneys to be used for the device as described in this division.
(4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or
the board
of alcohol, drug addiction, and mental health services
established pursuant to
section 340.02 or 340.021 of the Revised
Code
and serving the alcohol, drug addiction, and
mental health
district in which the court is located, that
the funds in the
county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent
drivers alcohol treatment fund under the control of the
court are more than
sufficient to satisfy the purpose for which
the fund was established, as
specified in divisions
(H)(1) to
(3)
of this section, the
court may declare a surplus in the fund.
If
the court declares a surplus in
the fund, the court may expend
the
amount of the surplus in the fund for:
(a) Alcohol and drug abuse
assessment and treatment of
persons who are charged in
the court
with committing a criminal
offense or with being a delinquent
child
or juvenile traffic
offender and in relation to whom both of
the following
apply:
(i) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the
juvenile traffic offense with which the person is charged.
(ii) The court determines that the person is unable
to pay
the cost of the alcohol and drug abuse assessment and treatment
for
which the surplus money will be used.
(b) All or part of the cost of purchasing electronic
continuous alcohol monitoring devices to be used in conjunction
with division (H)(3) of this section.
Sec. 5502.68. (A) There is hereby created in the state
treasury the drug law enforcement fund. Three dollars and fifty
cents out of each
ten-dollar court cost imposed pursuant to
section 2949.094 of the
Revised Code shall be credited to the
fund. Money in the fund
shall be in an interest-bearing account,
and all interest earned
shall be credited to the fund. Money in
the fund shall be used
only in accordance with this section to
award grants to counties,
municipal corporations, townships,
township police districts, and
joint township police districts to
defray the expenses that a drug
task force organized in the
county, or in the county in which the
municipal corporation,
township, or district is located, incurs in
performing its
functions related to the enforcement of the state's
drug laws and
other state laws related to illegal drug activity.
The division of criminal justice services shall administer
all money deposited into the drug law enforcement fund and, by
rule adopted under Chapter 119. of the Revised Code, shall
establish procedures for a county, municipal corporation,
township, township police district, or joint township police
district to apply for money from the fund to defray the expenses
that a drug task force organized in the county, or in the county
in which the municipal corporation, township, or district is
located, incurs in performing its functions related to the
enforcement of the state's drug laws and other state laws related
to illegal drug activity, procedures and criteria for determining
eligibility of applicants to be provided money from the fund, and
procedures and criteria for determining the amount of money to be
provided out of the fund to eligible applicants.
(B) The procedures and criteria established under division
(A) of this section for applying for money from the fund shall
include, but shall not be limited to, a provision requiring a
county, municipal corporation, township, township police district,
or joint township police district that applies for money from the
fund to specify in its application the amount of money desired
from the fund, provided that the cumulative amount requested in
all applications submitted for any single drug task force may not
exceed more than two hundred fifty thousand dollars in any
calendar year for that task force.
(C) The procedures and criteria established under division
(A) of this section for determining eligibility of
applicants to
be provided money from the fund and for determining
the amount of
money to be provided out of the fund to eligible
applicants shall
include, but not be limited to, all of the
following:
(1) Provisions requiring that, in order to be eligible to be
provided money from the fund, a drug task force that applies for
money from the fund must provide evidence that the drug task force
will receive a local funding match of at least twenty-five per
cent of the
task force's projected operating costs in the period
of time
covered by the grant;
(2) Provisions requiring that money from the fund be
allocated and provided to drug task forces that apply for money
from the fund in accordance with the following priorities:
(a) Drug task forces that apply, that are in existence on the
date of the application, that are determined to be eligible
applicants, and to which either of the following applies shall be
given first priority to be provided money from
the fund:
(i) Drug task forces that received funding through the
division of criminal justice service in calendar year 2007;
(ii) Drug task forces in a county that has a population that
exceeds seven hundred fifty thousand.
(b) If any moneys remain in the fund after all drug task
forces that apply, that are in existence on the date of the
application, that are determined to be eligible applicants, and
that satisfy the criteria set forth in division (C)(2)(a)(i) or
(ii) of this section are
provided money from the fund as
described in division
(C)(2)(a) of this section, the following
categories of drug task
forces that apply and that are determined
to be eligible
applicants shall be given priority to be provided
money from the
fund in the order in which they apply for money
from the fund:
(i) Drug task forces that are not in existence on the date of
the application;
(ii) Drug task forces that are in existence on the date of
the application but that do not satisfy the criteria set forth in
division (C)(2)(a)(i) or (ii) of this section.
(D) The procedures and criteria established under division
(A) of this section for determining the amount of money to be
provided out of the fund to eligible applicants shall include, but
shall not be limited to, a provision specifying that the
cumulative amount provided to any single drug task force may not
exceed more than two hundred fifty thousand dollars in any
calendar year.
(E) As used in this section, "drug
task force" means a drug
task force organized in
any county by the sheriff of the county,
the prosecuting attorney
of the county, the chief of police of
the
organized police
department of any municipal corporation or
township in the
county, and the chief of police of the police
force of any
township police district or joint township police
district in the
county to perform functions related to the
enforcement of state
drug laws and other state laws related to
illegal drug activity.
Section 2. That existing sections 2151.417, 2151.424,
2901.30, 2949.092, 3313.672, 4511.181, and 4511.191 of the
Revised Code are hereby repealed.
Section 3. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
the changes made by this act in sections 2151.417 and 2151.424 of
the Revised Code are crucially needed to be enacted prior to the
end of calendar year 2007 in order to comply with federal
mandates. Therefore, this act shall go into immediate effect.
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