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Am. Sub. H. B. No. 215 As Passed by the SenateAs Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Evans, Latta, Brown, Chandler, Stebelton, Combs, Setzer, Aslanides, Bacon, Batchelder, Blessing, Book, Boyd, Core, Daniels, DeBose, DeGeeter, Dodd, Domenick, Dyer, Flowers, Gibbs, Hagan, J., Hagan, R., Mallory, Patton, Schindel, Schlichter, Sears, Wagner, Williams, B., Williams, S., Yuko
Senators Grendell, Seitz, Turner, Cafaro, Fedor, Harris, Kearney, Morano, Padgett, Schaffer, Schuring
A BILL
To amend sections 341.12, 341.13, 341.14, 341.15,
1547.11, 1547.111, 2725.27, 2903.06, 2949.094,
3719.41, 4503.235, 4506.03, 4510.13,
4511.19,
4511.191, 4511.192, and 4511.197, to enact
sections 341.141,
4729.041, and 5111.0119, and to
repeal section 2725.25 of the
Revised Code
to
list
Salvia divinorum as a
controlled
substance; to
provide for prohibited
concentrations of Salvia Divinorum and
Salvinorin
A that are determined by the State Board of
Pharmacy
for purposes of OVI and OWI; to make
clarifying, conforming,
and technical changes in
the court cost add-on for indigent
drivers
alcohol treatment and in certain provisions of, or
that
relate to, Am. Sub. S.B. 17 of the 127th
General Assembly; to
provide for suspension of
the eligibility for
Medicaid of certain
persons
confined in a state or local
correctional
facility; to
permit
the transfer of county jail
inmates to contiguous counties
in
adjoining
states; to
waive the operation of police vehicles
used to transport prisoners
from commercial
driver's license requirements; and to
provide
that the penalty enhancement for
aggravated
vehicular homicide,
vehicular homicide,
and
vehicular manslaughter for driving under
a
license suspension and the requirement for a
mandatory prison
term in certain cases of
aggravated vehicular homicide and
vehicular
homicide for driving under suspension also apply
to
driving under cancellation and driving without
a license.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 341.12, 341.13, 341.14, 341.15,
1547.11, 1547.111, 2725.27, 2903.06, 2949.094, 3719.41, 4503.235,
4506.03, 4510.13,
4511.19, 4511.191, 4511.192, and 4511.197 be
amended and sections 341.141,
4729.041, and 5111.0119 of the
Revised Code be
enacted to read as follows:
Sec. 341.12. In a county not having a sufficient jail or
staff, the sheriff shall convey any person charged with the
commission of an offense, sentenced to imprisonment in the county
jail, or in custody upon civil process, to a jail in any county
which
the sheriff considers most convenient and secure. In the
case of a person who has been charged with an offense and is being
held pending trial, any county includes a contiguous county in an
adjoining state.
The sheriff may call such aid as is necessary in guarding,
tranporting transporting, or returning such person. Whoever
neglects or refuses to render such aid, when so called upon, shall
forfeit and pay the sum of ten dollars, to be recovered by an
action in the name and for the use of the county.
Such sheriff and his assistants shall receive such
compensation for their services as the county auditor of the
county from which such person was removed considers reasonable.
The compensation shall be paid from the county treasury on the
warrant of the auditor.
The receiving sheriff shall not, pursuant to this section,
convey the person received to any county other than the one from
which the person was removed.
Sec. 341.13. The sheriff of the a county in this state to
which a prisoner has been removed
as provided by section 341.12 of
the Revised Code, shall, on being furnished a
copy of the process
or commitment, receive such the prisoner into his custody, and.
The sheriff of a contiguous county of an adjoining state to which
a prisoner has been removed as provided in section 341.12 of the
Revised Code may, on being furnished a copy of the commitment,
receive the prisoner into the sheriff's custody. Each
receiving
sheriff
shall be liable for escapes or other neglect of
duty in
relation to such
the prisoner, as in other cases, and neither the
conveying sheriff nor any county commissioner of the county that
employs the conveying sheriff is liable in damages in a civil
action for any injury, death, or loss to person or property
suffered or caused by the prisoner while the prisoner is in the
custody of the receiving sheriff. Such
Each receiving sheriff
shall receive from the treasury of
the
county from which the
prisoner was removed, such fees as are
allowed in
other cases.
Sec. 341.14. (A) The sheriff of an adjoining county in this
state shall
not receive prisoners as provided by section 341.12 of
the
Revised
Code unless there is deposited weekly with
the sheriff
an amount
equal to the actual cost of keeping and feeding each
prisoner so
committed for the use of the jail of that county, and
the same
amount for a period of time less than one week. If a
prisoner is
discharged before the expiration of the term for which
the
prisoner was
committed, the excess of the amount advanced
shall be
refunded.
(B)
Pursuant to section 2929.37 of the Revised Code,
the
board of county commissioners of the county of this state that
receives
pursuant
to section 341.12 of the Revised Code for
confinement in
its jail,
a prisoner who was convicted of an
offense, may require
the
prisoner
to reimburse the county for its
expenses incurred by
reason of
the prisoner's confinement.
(C)
Notwithstanding any contrary
provision in this section
or
section 2929.18,
2929.28, or
2929.37 of the
Revised
Code, the
board of county commissioners in this state may
establish a
policy
that complies with section 2929.38 of the
Revised Code and
that
requires any prisoner who is not indigent
and who is confined
in
the county's jail under this section to pay
a
reception fee, a
fee
for medical treatment or service
requested by and provided to
that
prisoner, or the fee for a
random drug test assessed
under
division (E) of section 341.26 of
the Revised Code.
(D)
If a county in this state receives pursuant to section
341.12 of the
Revised Code for confinement in its jail a person
who has
been
convicted of or pleaded guilty to an offense and has
been
sentenced to a
term in a jail or a person who has been
arrested
for an offense, who has been
denied bail or has had bail
set and
has not been released on bail, and who is
confined in jail
pending
trial, at the time of reception and at other times
the
sheriff or
other person in charge of the operation of the jail
determines to
be appropriate, the sheriff or other person in
charge of the
operation of the
jail may cause the convicted or
accused offender
to be examined and tested for
tuberculosis, HIV
infection,
hepatitis, including but not limited
to hepatitis A, B,
and C, and
other contagious
diseases. The
sheriff or other person
in charge
of the operation of the jail may cause a
convicted or
accused
offender in the jail who refuses to be tested or treated
for
tuberculosis, HIV infection, hepatitis, including but not
limited
to hepatitis A, B, and C, or another
contagious disease to
be
tested and treated involuntarily.
Sec. 341.141. (A) The sheriff of a county in this state
shall not transfer a prisoner to a contiguous county in an
adjoining state as provided in section 341.12 of the Revised Code
unless there is deposited weekly with the sheriff of the
contiguous county an amount equal to the actual cost of keeping
and feeding each prisoner committed to the custody of that sheriff
for the use of the jail of that county, and the same amount for a
period of time less than one week. If a prisoner is discharged
before the expiration of a week for which the cost of keeping and
feeding the prisoner has been deposited, the excess of the amount
shall be refunded.
(B) The minimum standards for jails that are applicable for
jails in the adjoining state shall apply to a jail in that
adjoining state that receives prisoners as provided in section
341.13 of the Revised Code.
(C)
All other terms of the transfer of a prisoner from a
county in this state to a contiguous county in an adjoining state
shall be as agreed upon by the board of county commissioners, any
applicable governmental entity in the receiving county, and the
sheriffs involved in the transfer.
(D) If a prisoner is transferred to a contiguous county of an
adjoining state as provided in section 341.12 of the Revised Code,
jurisdiction over the transferred prisoner shall remain with the
Ohio governmental agencies and entities that would have
jurisdiction over the prisoner if the prisoner had not been so
transferred, including the Ohio court to which the prisoner's case
is assigned.
Sec. 341.15. At the end of each quarter, of each calendar
year, the a sheriff
in this state shall account for and pay to the
county treasurer all money received by him the sheriff as
provided
by sections
341.13 and 341.14 of the Revised Code.
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 state board of pharmacy has adopted a rule pursuant
to section 4729.041 of the Revised Code that specifies the amount
of salvia divinorum and the amount of salvinorin A that constitute
concentrations of salvia divinorum and salvinorin A in a person's
urine, in a person's whole blood, or in a person's blood serum or
plasma at or above which the person is impaired for purposes of
operating or being in physical control of any vessel underway or
manipulating any water skis, aquaplane, or similar device on the
waters of this state, the rule is in effect, and the person has a
concentration of salvia divinorum or salvinorin A of at least that
amount so specified by rule in the person's urine, in the person's
whole blood, or in the person's blood serum or plasma.
(h)(i) Either of the following applies:
(i) The person is under the influence of alcohol, a drug of
abuse, or a combination of them, and, as measured by gas
chromatography mass spectrometry, the person has a concentration
of marihuana metabolite in the person's urine of at least fifteen
nanograms of marihuana metabolite per milliliter of the person's
urine or has a concentration of marihuana metabolite in the
person's whole blood or blood serum or plasma of at least five
nanograms of marihuana metabolite per milliliter of the person's
whole blood or blood serum or plasma.
(ii) As measured by gas chromatography mass spectrometry, the
person has a concentration of marihuana metabolite in the person's
urine of at least thirty-five nanograms of marihuana metabolite
per milliliter of the person's urine or has a concentration of
marihuana metabolite in the person's whole blood or blood serum or
plasma of at least fifty nanograms of marihuana metabolite per
milliliter of the person's whole blood or blood serum or plasma.
(i)(j) 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)(k) 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)(a) In any criminal prosecution or juvenile court
proceeding for a violation of division (A) or (B) of this section
or for an equivalent offense that is watercraft-related, the
result of any test of any blood or urine withdrawn and analyzed at
any health care provider, as defined in section 2317.02 of the
Revised Code, may be admitted with expert testimony to be
considered with any other relevant and competent evidence in
determining the guilt or innocence of the defendant.
(b) In any criminal prosecution
or juvenile court
proceeding
for a violation of
division (A) or (B) of this
section
or
for an
equivalent
offense that is watercraft-related, 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
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. The court may admit evidence on the
concentration of alcohol, drugs of abuse, or a combination of them
as described in this division when
a person submits to a blood,
breath, urine, or other
bodily substance test at the request of a
law enforcement
officer under section 1547.111 of the Revised
Code or a blood or
urine sample is obtained pursuant to a search
warrant. Only a
physician,
a
registered nurse, or
a qualified
technician,
chemist,
or
phlebotomist shall
withdraw blood for the
purpose of
determining
the alcohol, drug, controlled substance,
metabolite of
a controlled substance,
or combination
content
of
the whole
blood,
blood serum, or blood plasma. This
limitation
does not
apply to
the taking
of breath or urine specimens. A
person
authorized to
withdraw blood
under this division may refuse
to
withdraw blood
under
this division
if, in
that person's
opinion, the
physical
welfare of the
defendant or
child would be
endangered by
withdrawing
blood.
The
whole blood,
blood serum or plasma, urine, or breath
withdrawn under division (D)(1)(b) of this section
shall be
analyzed in accordance
with methods approved by the
director of
health by an individual
possessing a valid permit
issued by the
director
pursuant to section 3701.143 of the Revised
Code.
(2)
In a criminal prosecution or juvenile court
proceeding
for a violation of division (A) of this section or for
an
equivalent offense that is watercraft-related, 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.
If the chemical test was administered pursuant to
division
(D)(1)(b) of this section, the person tested may have a
physician,
a registered nurse,
or
a qualified technician, chemist,
or
phlebotomist of the
person's own
choosing administer
a chemical
test or tests 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,
of a municipal ordinance relating
to operating or being in
physical control of any vessel underway
or to manipulating any
water skis, aquaplane, or similar device on
the waters of this
state while under the influence of alcohol, a
drug of abuse, or a
combination of them, or of a municipal
ordinance relating to
operating or being in physical control of
any vessel underway or
to manipulating any water skis, aquaplane,
or similar device on
the waters of this state 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, 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 division (A) or (B) of this
section or for an equivalent
offense that is substantially equivalent to either of
those
divisions, the court shall
admit as prima-facie
evidence a
laboratory report from any
laboratory
personnel issued a permit by
the department of health authorizing an analysis as described in
this division that
contains an analysis of
the whole blood, blood
serum or plasma,
breath, urine, or other
bodily substance tested
and that contains
all of the information
specified in this
division. 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 or section 1547.111 of the Revised Code, and a hospital,
first-aid station, or clinic at which
blood is withdrawn from a
person pursuant to this section or section 1547.111 of the Revised
Code, 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 offense" has the same meaning as in section
4511.181 of the
Revised Code.
(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.
(6) "Equivalent offense that is watercraft-related" means an
equivalent offense that is one of the following:
(a) A violation of division (A) or (B) of this section;
(b) A violation of a municipal ordinance prohibiting a person
from operating or being in physical control of any vessel underway
or from manipulating any water skis, aquaplane, or similar device
on the waters of this state while under the influence of alcohol,
a drug of abuse, or a combination of them or prohibiting a person
from operating or being in physical control of any vessel underway
or from manipulating any water skis, aquaplane, or similar device
on the waters of this state 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) 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 this section;
(d) A violation of a former law of this state that was
substantially equivalent to division (A) or (B) of this section.
Sec. 1547.111. (A)(1)(a) 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
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.
(b)
The test or tests
under division (A)(1) 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 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.
(2) 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.
(B)(1) If a law enforcement officer arrests a person 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 and if the person previously has been
convicted of or pleaded guilty to two or more violations of
section 1547.11 of the Revised Code or other equivalent offenses,
the law enforcement officer shall request the person to submit,
and the person shall submit, to a chemical test or tests of the
person's whole blood, blood serum or plasma, breath, or urine for
the purpose of determining 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. A law enforcement officer who makes a request
pursuant to this division that a person submit to a chemical test
or tests is not required to advise the person of the consequences
of refusing to submit to the test or tests and is not required to
give the person the form described in division (C) of this
section, but the officer shall advise the person at the time of
the arrest that
if the person refuses to take a chemical test the
officer may
employ whatever reasonable means are necessary to
ensure that the
person submits to a chemical test of the person's
whole blood or
blood serum or plasma. The officer shall also
advise the person at
the time of the arrest that the person may
have an independent
chemical test taken at the person's own
expense. The advice shall
be in 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. Divisions
(A)(1)(b) and (A)(2) of this
section apply to the
administration
of a chemical test or tests
pursuant to this
division.
(2) If a person refuses to submit to a chemical test upon a
request made pursuant to division (B)(1) of this section, the law
enforcement officer who made the request may employ whatever
reasonable means are necessary to ensure that the person submits
to a chemical test of the person's whole blood or blood serum or
plasma. A law enforcement officer who acts pursuant to this
division to ensure that a person submits to a chemical test of the
person's whole blood or blood serum or plasma is immune from
criminal and civil liability based upon a claim for assault and
battery or any other claim for the acts, unless the officer so
acted with malicious purpose, in bad faith, or in a wanton or
reckless manner.
(C) Any Except as provided in division (B) of this section,
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
Except as provided in division (B) of this section, 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. 2725.27. The forfeitures mentioned in sections 2725.21
to 2725.24,
inclusive, of the Revised Code, may be recovered by
the party aggrieved or
his the executors or administrators of the
party
aggrieved against the offender or his the offender's
executors or administrators by civil action in a court having
cognizance
thereof.
Actions for violations of sections 2725.21 to 2725.25,
inclusive, 2725.24 of the
Revised Code, shall be brought within
two years after the offense is
committed, except in cases of
imprisonment of the party aggrieved, when action
may be brought
within two years after his the delivery of the
party aggrieved out
of prison, or after his decease death if
he the party aggrieved
dies in prison.
Sec. 2903.06. (A) No person, while operating or
participating in the operation of a motor vehicle, motorcycle,
snowmobile, locomotive, watercraft, or aircraft, shall
cause the
death of another or the unlawful termination of another's
pregnancy
in any of the following ways:
(1)(a) As the proximate result of committing a violation of
division
(A) of section 4511.19 of the Revised Code or of a
substantially
equivalent municipal ordinance;
(b) As the proximate result of committing a violation of
division (A) of section 1547.11 of the Revised Code or of a
substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of
division (A)(3) of section 4561.15 of the Revised Code or of a
substantially equivalent municipal ordinance.
(2) In one of the following ways:
(b) As the proximate result of committing, while operating or
participating in the operation of a motor vehicle or motorcycle in
a construction zone, a reckless operation offense, provided that
this division applies only if the person whose death is caused or
whose pregnancy is unlawfully terminated is in the construction
zone at the time of the offender's commission of the reckless
operation offense in the construction zone and does not apply as
described in division (F) of this section.
(3) In one of the following ways:
(b) As the proximate result of committing, while operating or
participating in the operation of a motor vehicle or motorcycle in
a construction zone, a speeding offense, provided that this
division applies only if the person whose death is caused or whose
pregnancy is unlawfully terminated is in the construction zone at
the time of the offender's commission of the speeding offense in
the construction zone and does not apply as described in division
(F) of this section.
(4) As the proximate result of committing a violation of any
provision of any section contained in Title XLV of the Revised
Code that is
a minor misdemeanor or of a municipal ordinance that,
regardless of the
penalty
set by ordinance for the violation, is
substantially equivalent to any
provision of any section contained
in Title XLV of the Revised Code that is
a minor
misdemeanor.
(B)(1) Whoever violates division (A)(1) or (2) of
this
section is guilty of aggravated
vehicular homicide and shall be
punished as provided in
divisions (B)(2) and (3) of this
section.
(2)(a) Except as otherwise provided in division (B)(2)(b) or
(c) of this section,
aggravated
vehicular homicide committed in
violation of division
(A)(1) of this
section is a felony of the
second degree and the court shall impose a mandatory prison term
on the offender as described in division (E) of this section.
(b) Except as otherwise provided in division (B)(2)(c) of
this section, aggravated vehicular homicide committed in violation
of division
(A)(1) of this section is a
felony of the first
degree, and the court shall impose a mandatory prison term on the
offender as described in division (E) of this section, if any of
the following apply:
(i) At the
time of the offense, the offender was
driving
under a suspension or cancellation
imposed under Chapter
4510.
or
any other
provision of the
Revised
Code or was operating a motor
vehicle or motorcycle, did not have a
valid driver's license,
commercial driver's license, temporary
instruction permit,
probationary license, or nonresident operating
privilege, and was
not eligible for renewal of the offender's driver's license or
commercial driver's license without examination under section
4507.10 of the Revised Code.
(ii) The offender previously has been convicted of
or
pleaded
guilty
to a violation of this section.
(iii) The offender previously has been convicted of or
pleaded guilty to any
traffic-related
homicide, manslaughter, or
assault
offense.
(c) Aggravated vehicular homicide committed in violation of
division (A)(1) of this section is a felony of the first degree,
and the court shall sentence the offender to a mandatory prison
term as provided in section 2929.142 of the Revised Code and
described in division (E) of this section if any of the following
apply:
(i) The offender previously has been convicted of or pleaded
guilty to
three or more
prior violations
of section 4511.19 of the
Revised Code or
of a
substantially
equivalent municipal ordinance
within the previous
six
years.
(ii) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A) of
section 1547.11 of the Revised Code or of a substantially
equivalent municipal ordinance within the previous six years.
(iii) The offender previously has been convicted of or
pleaded guilty to three or more prior violations of division
(A)(3) of section 4561.15 of the Revised Code or of a
substantially equivalent municipal ordinance within the previous
six years.
(iv) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A)(1) of
this section within the previous six years.
(v) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A)(1) of
section 2903.08 of the Revised Code within the previous six years.
(vi) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of section 2903.04 of the
Revised Code within the previous six years in circumstances in
which division (D) of that section applied regarding the
violations.
(vii) The offender previously has been convicted of or
pleaded guilty to three or more violations of any combination of
the offenses listed in division (B)(2)(c)(i), (ii), (iii), (iv),
(v), or (vi) of this section within the previous six years.
(viii) The offender previously has been convicted of or
pleaded guilty to a
second or subsequent felony violation of
division
(A) of section
4511.19 of the Revised Code.
(d) In addition to any other sanctions imposed pursuant to
division (B)(2)(a), (b), or (c) of this section for aggravated
vehicular homicide committed in violation of division (A)(1) of
this section, the court shall
impose upon the offender a class one
suspension
of the offender's
driver's license, commercial driver's
license,
temporary
instruction permit, probationary license, or
nonresident
operating
privilege
as specified in division (A)(1) of
section
4510.02 of
the Revised Code.
(3) Except as otherwise provided in this division,
aggravated
vehicular homicide committed in violation of division
(A)(2) of
this section is a felony of the third degree.
Aggravated
vehicular
homicide
committed in violation
of division
(A)(2) of
this section
is a felony of the second
degree if, at the
time of
the offense,
the offender was driving under a
suspension or cancellation
imposed
under Chapter
4510. or any
other
provision
of the Revised
Code or was operating a motor vehicle or motorcycle, did not have
a valid driver's license, commercial
driver's license, temporary
instruction permit, probationary
license, or nonresident
operating privilege, and was not eligible for renewal of the
offender's driver's license or commercial driver's license without
examination under section 4507.10 of the Revised Code
or if the
offender
previously
has
been convicted of or
pleaded
guilty to
a
violation
of this
section
or any traffic-related
homicide,
manslaughter, or
assault
offense. The court shall impose a
mandatory prison term on
the offender when required by division
(E) of this section.
In addition to any other sanctions imposed pursuant to this
division for a violation of division (A)(2) of this section, the
court shall
impose upon the offender a class two suspension of the
offender's
driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating
privilege
from the
range specified in division (A)(2) of
section
4510.02 of the Revised Code or, if the offender previously
has been convicted of or pleaded guilty to a traffic-related
murder, felonious assault, or attempted murder offense, a class
one suspension of the offender's driver's license, commercial
driver's license, temporary instruction permit, probationary
license, or nonresident operating privilege as specified in
division (A)(1) of that section.
(C) Whoever violates division (A)(3) of this section is
guilty of
vehicular homicide. Except as otherwise provided in
this
division,
vehicular homicide is a misdemeanor of the first
degree.
Vehicular homicide committed in violation of division (A)(3) of
this section is a felony of the fourth degree if,
at the
time of
the offense, the offender was driving under a
suspension
or
revocation cancellation imposed under Chapter 4507. 4510. or any
other
provision of the
Revised Code or was operating a motor
vehicle or motorcycle, did not have a valid
driver's license,
commercial driver's license, temporary
instruction permit,
probationary license, or nonresident operating
privilege, and was
not eligible for renewal of the offender's driver's license or
commercial driver's license without examination under section
4507.10 of the Revised Code
or if the
offender
previously has
been
convicted of or
pleaded guilty to a violation of this
section
or
any
traffic-related homicide, manslaughter, or assault
offense.
The
court shall impose a mandatory jail term or a mandatory
prison
term on the offender when required by division (E) of this
section.
In addition to any other sanctions imposed pursuant to this
division, the court shall
impose upon the offender a class four
suspension of the
offender's
driver's license, commercial driver's
license,
temporary
instruction permit, probationary license, or
nonresident
operating
privilege
from the
range specified in
division (A)(4) of section
4510.02 of the Revised Code,
or, if the
offender previously
has
been convicted of or pleaded
guilty to a
violation of this
section
or any traffic-related
homicide,
manslaughter, or assault
offense,
a
class three
suspension of the
offender's driver's license,
commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating
privilege from the
range specified in division (A)(3) of
that section, or, if the offender previously has been convicted of
or pleaded guilty to a traffic-related murder, felonious assault,
or attempted murder offense, a class two suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege as specified in division (A)(2) of that
section.
(D) Whoever violates division (A)(4) of this section is
guilty of
vehicular manslaughter. Except as otherwise provided in
this division,
vehicular manslaughter is a misdemeanor of the
second
degree. Vehicular manslaughter is a misdemeanor of the
first
degree if, at the time of the offense, the offender was
driving
under a suspension or cancellation imposed under Chapter
4510.
or
any
other provision of the Revised Code
or was operating
a motor vehicle or motorcycle, did not have a valid driver's
license, commercial driver's license,
temporary instruction
permit, probationary license, or nonresident
operating privilege,
and was not eligible for renewal of the offender's driver's
license or commercial driver's license without examination under
section 4507.10 of the Revised Code or if the offender
previously
has been
convicted of or pleaded guilty to a
violation
of this
section or
any traffic-related homicide, manslaughter, or
assault
offense.
In addition to any other sanctions imposed pursuant to this
division, the court shall
impose upon the offender a class six
suspension of the
offender's
driver's license, commercial driver's
license,
temporary
instruction permit, probationary license, or
nonresident
operating
privilege
from
the range specified in
division (A)(6) of
section
4510.02
of the Revised Code
or, if the
offender
previously has
been convicted of or pleaded guilty to a
violation
of this
section, any traffic-related homicide,
manslaughter, or
assault
offense,
or a traffic-related murder,
felonious assault, or attempted murder offense, a
class four
suspension of the offender's driver's
license,
commercial driver's
license, temporary instruction
permit,
probationary license, or
nonresident
operating privilege
from the
range specified in
division (A)(4)
of
that section.
(E) The court shall impose a mandatory prison term on an
offender who
is convicted of or pleads guilty to a violation of
division (A)(1)
of this section. If division (B)(2)(c)(i), (ii),
(iii), (iv), (v), (vi), (vii), or (viii) of this section applies
to an offender who is convicted of or pleads guilty to the
violation of division (A)(1) of this section, the court shall
impose the mandatory prison term pursuant to section 2929.142 of
the Revised Code. The court shall impose a mandatory jail term of
at least fifteen days on an offender who is convicted of or pleads
guilty to a misdemeanor violation of division (A)(3)(b) of this
section and may impose upon the offender a longer jail term as
authorized pursuant to section 2929.24 of the Revised Code. The
court shall impose a
mandatory prison term on an
offender who is
convicted of or pleads
guilty to a
violation of division (A)(2) or
(3)(a) of this section or a felony violation of division (A)(3)(b)
of this section if
either of
the following applies:
(1) The
offender previously has been convicted of or
pleaded
guilty to a violation of this section or section
2903.08 of the
Revised
Code.
(2) At the time of the offense, the
offender was driving
under suspension or cancellation under Chapter
4510.
or any other
provision
of
the
Revised
Code or was operating a motor vehicle or
motorcycle, did not have a valid
driver's license, commercial
driver's license, temporary
instruction permit, probationary
license, or nonresident operating
privilege, and was not eligible
for renewal of the offender's driver's license or commercial
driver's license without examination under section 4507.10 of the
Revised Code.
(F) Divisions (A)(2)(b) and (3)(b) of this section do not
apply in a particular construction zone unless signs of the type
described in section 2903.081 of the Revised Code are erected in
that construction zone in accordance with the guidelines and
design specifications established by the director of
transportation under section 5501.27 of the Revised Code. The
failure to erect signs of the type described in section 2903.081
of the Revised Code in a particular construction zone in
accordance with those guidelines and design specifications does
not limit or affect the application of division (A)(1), (A)(2)(a),
(A)(3)(a), or (A)(4) of this section in that construction zone or
the prosecution of any person who violates any of those divisions
in that construction zone.
(G)(1) As used in this section:
(a)
"Mandatory prison term" and "mandatory jail term" have
the same
meanings as in
section 2929.01 of the Revised Code.
(b)
"Traffic-related homicide,
manslaughter, or assault
offense"
means a violation of section 2903.04 of the Revised Code
in
circumstances in which division (D) of that section applies, a
violation of section 2903.06 or 2903.08 of the Revised Code, or a
violation of section 2903.06, 2903.07, or 2903.08 of the Revised
Code as they
existed prior
to
March
23,
2000.
(c) "Construction zone" has the same meaning as in section
5501.27 of the Revised Code.
(d) "Reckless operation offense" means a
violation of
section 4511.20 of the Revised Code or a
municipal ordinance
substantially equivalent to section 4511.20 of
the Revised Code.
(e) "Speeding offense" means a violation of section 4511.21
of the Revised Code or a municipal ordinance pertaining to speed.
(f) "Traffic-related murder, felonious assault, or attempted
murder offense" means a violation of section 2903.01 or 2903.02 of
the Revised Code in circumstances in which the offender used a
motor vehicle as the means to commit the violation, a violation of
division (A)(2) of section 2903.11 of the Revised Code in
circumstances in which the deadly weapon used in the commission of
the violation is a motor vehicle, or an attempt to commit
aggravated murder or murder in violation of section 2923.02 of the
Revised Code in circumstances in which the offender used a motor
vehicle as the means to attempt to commit the aggravated murder or
murder.
(g) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(2) For the purposes of this section, when a penalty or
suspension is enhanced because of a prior or current violation of
a specified law or a prior or current specified offense, the
reference to the violation of the specified law or the specified
offense includes any violation of any substantially equivalent
municipal ordinance, former law of this state, or current or
former law of another state or the United States.
Sec. 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 or before the
twenty-third 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 or before the
twenty-third day of the
following month to the state treasury to
be credited to 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 (H) of 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
or before the twenty-third
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 or before the
twenty-third 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 or before the
twenty-third day of the
following month to the state treasury to
be credited to the
county juvenile indigent drivers alcohol treatment fund under the
control of that court, as created
by the county under that
division (H) of 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 or before the twenty-third 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
county, municipal, or county
juvenile indigent drivers alcohol
treatment fund under the
control of that court, as created
by the county or municipal
corporation under division (H) of 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. 3719.41. Controlled substance schedules I, II, III,
IV,
and V are hereby established, which schedules include the
following, subject to amendment pursuant to section 3719.43 or
3719.44 of the Revised Code.
SCHEDULE I
Any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers,
unless specifically excepted under federal drug abuse control
laws, whenever the existence of these isomers, esters, ethers,
and
salts is possible within the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(4) Alphacetylmethadol (except
levo-alphacetylmethadol, also
known as
levo-alpha-acetylmethadol,
levomethadyl acetate, or
LAAM);
(7) Alpha-methylfentanyl
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]
propionanilide;
1-(1-methyl-2-phenylethyl)-4-(N-propanilido)
piperidine);
(8) Alpha-methylthiofentanyl
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-
phenylpropanamide);
(11) Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N-
phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl (other name:
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-
phenylpropanamide);
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(26) Ethylmethylthiambutene;
(33) Levophenacylmorphan;
(34) 3-methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-
phenylpropanamide):;
(35) 3-methylthiofentanyl
(N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N-
phenylpropanamide);
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(42) Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;
(43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;
(53) Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;
(B) Narcotics-opium derivatives
Any of the following opium derivatives, including their
salts,
isomers, and salts of isomers, unless specifically excepted
under
federal drug abuse control laws, whenever the existence of
these
salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(2) Acetyldihydrocodeine;
(4) Codeine methylbromide;
(10) Etorphine (except hydrochloride salt);
(14) Methyldihydromorphine;
(15) Morphine methylbromide;
(16) Morphine methylsulfonate;
Any material, compound, mixture, or preparation that
contains
any quantity of the following hallucinogenic substances,
including
their salts, isomers, and salts of isomers, unless
specifically
excepted under federal drug abuse control laws, whenever the
existence of these salts, isomers, and salts of isomers is
possible within the specific chemical designation. For the
purposes of this division only, "isomer" includes the
optical
isomers, position isomers, and geometric isomers.
(1) Alpha-ethyltryptamine (some trade or other names:
etryptamine;
Monase; alpha-ethyl-1H-indole-3-ethanamine;
3-(2-aminobutyl) indole; alpha-ET; and AET);
(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine;
4-bromo-2,5-DMA);
(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or
other
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;
alpha-desmethyl
DOB; 2C-B, Nexus);
(4) 2,5-dimethoxyamphetamine (some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other
names: DOET);
(6) 4-methoxyamphetamine (some trade or other names:
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;
PMA);
(7) 5-methoxy-3,4-methylenedioxy-amphetamine;
(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or
other
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine;
"DOM"
and "STP");
(9) 3,4-methylenedioxy amphetamine;
(10) 3,4-methylenedioxymethamphetamine (MDMA);
(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl
MDA, MDE, MDEA);
(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known
as
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and
N-hydroxy MDA);
(13) 3,4,5-trimethoxy amphetamine;
(14) Bufotenine (some trade or other names:
3-(beta-dimethylaminoethyl)-5-hydroxyindole:;
3-(2-dimethylaminoethyl)-5-indolol:; N, N-dimethylserotonin;
5-hydroxy-N, N-dimethyltryptamine; mappine);
(15) Diethyltryptamine (some trade or other names: N,
N-diethyltryptamine; DET);
(16) Dimethyltryptamine (some trade or other names:
DMT);
(17) Ibogaine (some trade or other names:
7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-
5H-pyrido[1',2':1,2] azepino [5, 4-b]
indole;
tabernanthe iboga);
(18) Lysergic acid diethylamide;
(21) Parahexyl (some trade or other names: 3-hexyl-1-
hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;
synhexyl);
(22) Peyote (meaning all parts of the plant presently
classified botanically as "Lophophora williamsii Lemaire,"
whether
growing or not, the seeds of that plant, any extract from
any part
of that plant, and every compound, manufacture, salts,
derivative,
mixture, or preparation of that plant, its seeds, or
its
extracts);
(23) N-ethyl-3-piperidyl benzilate;
(24) N-methyl-3-piperidyl benzilate;
(27) Tetrahydrocannabinols (synthetic equivalents of the
substances contained in the plant, or in the resinous extractives
of Cannabis, sp. and/or synthetic substances, derivatives, and
their isomers with similar chemical structure and pharmacological
activity such as the following: delta-1-cis or trans
tetrahydrocannabinol, and their optical isomers; delta-6-cis or
trans tetrahydrocannabinol, and their optical isomers;
delta-3,4-cis or trans tetrahydrocannabinol, and its optical
isomers. (Since nomenclature of these substances is not
internationally standardized, compounds of these structures,
regardless of numerical designation of atomic positions, are
covered.));
(28) Ethylamine analog of phencyclidine (some trade or
other
names: N-ethyl-1-phenylcyclohexylamine;
(1-phenyl-cyclohexyl
phenylcyclohexyl)ethylamine;
N-(1-phenylcyclohexyl)ethylamine;
cyclohexamine; PCE);
(29) Pyrrolidine analog of phencyclidine (some trade or
other
names: 1-(1-phenylcyclohexyl)pyrrolidine;
PCPy; PHP);
(30) Thiophene analog of phencyclidine (some trade or
other
names:
1-t[1-(2-thienyl)-cyclohexylu]-piperidine;
2-thienyl
analog of phencyclidine; TPCP; TCP);
(31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine;
Any material, compound, mixture, or preparation that
contains
any quantity of the following substances having a
depressant
effect on the central nervous system, including their
salts,
isomers, and salts of isomers, unless specifically
excepted under
federal drug abuse control laws, whenever the
existence of these
salts, isomers, and salts of isomers is
possible within the
specific chemical designation:
Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation that
contains any quantity of the following substances having a
stimulant effect on the central nervous system, including their
salts, isomers, and salts of isomers:
(1) Aminorex (some other names: aminoxaphen;
2-amino-5-phenyl-2-oxazoline;
or
4,5-dihydro-5-phenyl-2-oxazolamine);
(2) Cathinone (some trade or other names:
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,
2-aminopropiophenone,
and norephedrone);
(4) Methcathinone (some other names:
2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone;
2-methylamino)-1-phenylpropan-1-one;
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and
UR1432), its
salts, optical isomers, and salts of optical isomers;
(5) (+/-)cis-4-methylaminorex
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(7) N,N-dimethylamphetamine (also known as
N,N-alpha-trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine).
SCHEDULE II
(A) Narcotics-opium and opium derivatives
Unless specifically excepted under federal drug abuse
control
laws or unless listed in another schedule, any of the
following
substances whether produced directly or indirectly by
extraction
from substances of vegetable origin, independently by
means of
chemical synthesis, or by a combination of extraction
and chemical
synthesis:
(1) Opium and opiate, and any salt, compound, derivative,
or
preparation of opium or opiate, excluding apomorphine,
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,
naloxone, and naltrexone, and their respective salts, but
including the following:
(c) Opium fluid extracts;
(i) Etorphine hydrochloride;
(2) Any salt, compound, derivative, or preparation thereof
that is chemically equivalent to or identical with any of the
substances referred to in division (A)(1) of this schedule,
except
that these substances shall not include the isoquinoline
alkaloids
of opium;
(3) Opium poppy and poppy straw;
(4) Coca leaves and any salt, compound, derivative, or
preparation of coca leaves (including cocaine and ecgonine, their
salts, isomers, and derivatives, and salts of those isomers and
derivatives), and any salt, compound, derivative, or preparation
thereof that is chemically equivalent to or identical with any of
these substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves, which
extractions do not contain cocaine or ecgonine;
(5) Concentrate of poppy straw (the crude extract of poppy
straw in either liquid, solid, or powder form that contains the
phenanthrene alkaloids of the opium poppy).
Unless specifically excepted under federal drug abuse
control
laws or unless listed in another schedule, any of the
following
opiates, including their isomers, esters, ethers,
salts, and salts
of isomers, esters, and ethers, whenever the
existence of these
isomers, esters, ethers, and salts is possible
within the specific
chemical designation, but excluding
dextrorphan and
levopropoxyphene:
(5) Bulk dextropropoxyphene (non-dosage forms);
(11) Levo-alphacetylmethadol (some other names:
levo-alpha-acetylmethadol;
levomethadyl acetate; LAAM);
(16) Methadone-intermediate,
4-cyano-2-dimethylamino-4,4-diphenyl butane;
(17) Moramide-intermediate,
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;
(18) Pethidine (meperidine);
(19) Pethidine-intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine;
(20) Pethidine-intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate;
(21) Pethidine-intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid;
Unless specifically excepted under federal drug abuse
control
laws or unless listed in another schedule, any material,
compound,
mixture, or preparation that contains any quantity of
the
following substances having a stimulant effect on the central
nervous system:
(1) Amphetamine, its salts, its optical isomers, and salts
of
its optical isomers;
(2) Methamphetamine, its salts, its isomers, and salts of
its
isomers;
(4) Phenmetrazine and its salts.
Unless specifically excepted under federal drug abuse
control
laws or unless listed in another schedule, any material,
compound,
mixture, or preparation that contains any quantity of
the
following substances having a depressant effect on the
central
nervous system, including their salts, isomers, and salts
of
isomers, whenever the existence of these salts, isomers, and
salts
of isomers is possible within the specific chemical
designation:
(2) Gamma-hydroxy-butyrate;
(5) Phencyclidine (some trade or other names:
1-(1-phenylcyclohexyl)piperidine; PCP);
(7) 1-aminophenylcyclohexane and all N-mono-substituted
and/or all N-N-disubstituted analogs including, but not
limited
to, the following:
(a) 1-phenylcyclohexylamine;
(b) (1-phenylcyclohexyl) methylamine;
(c) (1-phenylcyclohexyl) dimethylamine;
(d) (1-phenylcyclohexyl) methylethylamine;
(e) (1-phenylcyclohexyl) isopropylamine;
(f) 1-(1-phenylcyclohexyl) morpholine.
(E) Hallucinogenic substances
(1) Nabilone (another name for nabilone:
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one).
Unless specifically excepted under federal drug abuse
control
laws or unless listed in another schedule, any material,
compound,
mixture, or preparation that contains any quantity of
the
following substances:
(1) Immediate precursor to amphetamine and
methamphetamine:
(a) Phenylacetone (some trade or other names:
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
ketone);
(2) Immediate precursors to phencyclidine (PCP):
(a) 1-phenylcyclohexylamine;
(b) 1-piperidinocyclohexanecarbonitrile (PCC).
SCHEDULE III
Unless specifically excepted under federal drug abuse
control
laws or unless listed in another schedule, any material,
compound,
mixture, or preparation that contains any quantity of
the
following substances having a stimulant effect on the central
nervous system, including their salts, their optical isomers,
position isomers, or geometric isomers, and salts of these
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) All stimulant compounds, mixtures, and preparations
included in schedule III pursuant to the federal drug abuse
control laws and regulations adopted under those laws;
Unless specifically excepted under federal drug abuse
control
laws or unless listed in another schedule, any material,
compound,
mixture, or preparation that contains any quantity of
the
following substances having a depressant effect on the
central
nervous system:
(1) Any compound, mixture, or preparation containing
amobarbital, secobarbital, pentobarbital, or any salt of any of
these drugs, and one or more other active medicinal ingredients
that are not listed in any schedule;
(2) Any suppository dosage form containing amobarbital,
secobarbital, pentobarbital, or any salt of any of these drugs
and
approved by the food and drug administration for marketing
only as
a suppository;
(3) Any substance that contains any quantity of a
derivative
of barbituric acid or any salt of a derivative of
barbituric acid;
(5) Ketamine, its salts, isomers, and salts of isomers (some
other names
for ketamine:
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);
(9) Sulfondiethylmethane;
(12) Tiletamine, zolazepam, or any salt of tiletamine or
zolazepam (some trade or other names for a tiletamine-zolazepam
combination product: Telazol); (some trade or other names for
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-
dihydro-1,3,8-trimethylpyrazolo-[3,
4-e][1,4]-diazepin-7(1H)-one;
flupyrazapon).
(D) Narcotics-narcotic preparations
Unless specifically excepted under federal drug abuse
control
laws or unless listed in another schedule, any material,
compound,
mixture, or preparation that contains any of the
following
narcotic drugs, or their salts calculated as the free
anhydrous
base or alkaloid, in limited quantities as set forth
below:
(1) Not more than 1.8 grams of codeine per 100 milliliters
or
not more than 90 milligrams per dosage unit, with an equal or
greater quantity of an isoquinoline alkaloid of opium;
(2) Not more than 1.8 grams of codeine per 100 milliliters
or
not more than 90 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic
amounts;
(3) Not more than 300 milligrams of dihydrocodeinone per
100
milliliters or not more than 15 milligrams per dosage unit,
with a
fourfold or greater quantity of an isoquinoline alkaloid
of opium;
(4) Not more than 300 milligrams of dihydrocodeinone per
100
milliliters or not more than 15 milligrams per dosage unit,
with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(5) Not more than 1.8 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(6) Not more than 300 milligrams of ethylmorphine per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(7) Not more than 500 milligrams of opium per 100
milliliters
or per 100 grams or not more than 25 milligrams per
dosage unit,
with one or more active, nonnarcotic ingredients in
recognized
therapeutic amounts;
(8) Not more than 50 milligrams of morphine per 100
milliliters or per 100 grams, with one or more active,
nonnarcotic
ingredients in recognized therapeutic amounts.
Unless specifically excepted under federal drug abuse
control
laws or unless listed in another schedule, any material,
compound,
mixture, or preparation that contains any quantity of
the
following substances, including their salts, esters, isomers,
and
salts of esters and isomers, whenever the existence of these
salts, esters, and isomers is possible within the specific
chemical designation:
(1) Anabolic steroids. Except as otherwise provided in
division (E)(1) of schedule III, "anabolic steroids" means any
drug or hormonal substance that is chemically and
pharmacologically related to testosterone (other than estrogens,
progestins, and corticosteroids) and that promotes muscle growth.
"Anabolic steroids" does not include an anabolic steroid that is
expressly intended for administration through implants to cattle
or other nonhuman species and that has been approved by the
United
States secretary of health and human services for that
administration, unless a person prescribes, dispenses, or
distributes this type of anabolic steroid for human use.
"Anabolic
steroid" includes, but is not limited to, the
following:
(b) Chlorotestosterone (4-chlortestosterone);
(d) Dehydrochlormethyltestosterone;
(e) Dihydrotestosterone (4-dihydrotestosterone);
(i) Formebulone (formebolone);
(bb) Any salt, ester, isomer, or salt of an ester or
isomer
of a drug or hormonal substance described or listed in
division
(E)(1) of schedule III if the salt, ester, or isomer
promotes
muscle growth.
(F) Hallucinogenic substances
(1) Dronabinol (synthetic) in sesame oil and encapsulated
in
a soft gelatin capsule in a United States food and drug
administration approved drug product (some other names for
dronabinol:
(6aR-trans)-6a,7,8,10a-tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol,
or
(-)-delta-9-(trans)-tetrahydrocannabinol).
SCHEDULE IV
Unless specifically excepted by federal drug abuse control
laws or unless listed in another schedule, any material,
compound,
mixture, or preparation that contains any of the
following
narcotic drugs, or their salts calculated as the free
anhydrous
base or alkaloid, in limited quantities as set forth
below:
(1) Not more than one milligram of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit;
(2) Dextropropoxyphene
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-
propionoxybutane)t[final dosage formsu].
Unless specifically excepted under federal drug abuse
control
laws or unless listed in another schedule, any material,
compound,
mixture, or preparation that contains any quantity of
the
following substances, including their salts, isomers, and
salts of
isomers, whenever the existence of these salts, isomers,
and salts
of isomers is possible within the specific chemical
designation:
(32) Methylphenobarbital (mephobarbital);
Any material, compound, mixture, or preparation that
contains
any quantity of the following substances, including
their salts,
their optical isomers, position isomers, or
geometric isomers, and
salts of these isomers, whenever the
existence of these salts,
isomers, and salts of isomers is
possible within the specific
chemical designation:
Unless specifically excepted under federal drug abuse
control
laws or unless listed in another schedule, any material,
compound,
mixture, or preparation that contains any quantity of
the
following substances having a stimulant effect on the central
nervous system, including their salts, their optical isomers,
position isomers, or geometric isomers, and salts of these
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) Cathine ((+)-norpseudoephedrine);
(8) Pemoline (including organometallic complexes and
chelates
thereof);
(12) SPA
[(-)-1-dimethylamino-1,2-diphenylethane].
Unless specifically excepted under federal drug abuse
control
laws or unless listed in another schedule, any material,
compound,
mixture, or preparation that contains any quantity of
the
following substances, including their salts:
(2) Butorphanol (including its optical isomers).
SCHEDULE V
Unless specifically excepted under federal drug abuse
control
laws or unless listed in another schedule, any material,
compound,
mixture, or preparation that contains any of the
following
narcotic drugs, and their salts, as set forth below:
(B) Narcotics-narcotic preparations
Narcotic drugs containing non-narcotic active medicinal
ingredients. Any compound, mixture, or preparation that contains
any of the following narcotic drugs, or their salts calculated as
the free anhydrous base or alkaloid, in limited quantities as set
forth below, and that includes one or more nonnarcotic active
medicinal ingredients in sufficient proportion to confer upon the
compound, mixture, or preparation valuable medicinal qualities
other than those possessed by narcotic drugs alone:
(1) Not more than 200 milligrams of codeine per 100
milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not
less than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100
milliliters
or per 100 grams;
(6) Not more than 0.5 milligram of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit.
Unless specifically exempted or excluded under federal drug
abuse control laws or unless listed in another schedule, any
material, compound, mixture, or preparation that contains any
quantity of the following substances having a stimulant effect on
the central nervous system, including their salts, isomers, and
salts of isomers:
(1) Ephedrine, except as provided in division (K) of section
3719.44 of the
Revised Code;
Sec. 4503.235. (A) If division (G) of section 4511.19 or
division (B) of section 4511.193 of the Revised Code requires a
court, as part of the sentence of an offender who is convicted of
or
pleads guilty to a violation of division (A) of section
4511.19 of
the Revised Code or as a sanction for an offender who
is convicted of
or pleaded guilty to a violation of a municipal
OVI ordinance, to
order the immobilization of a vehicle for a
specified period of
time, notwithstanding the requirement, the
court in its discretion
may determine not to order the
immobilization of the vehicle if
both of the following apply:
(1) Prior to the issuance of the order of immobilization, a
family or household member of the offender files a motion with
the court identifying the vehicle and requesting that the
immobilization order not be issued on the ground that the family
or household member is completely dependent on the vehicle
for
the necessities of life and that the immobilization of the
vehicle would be an undue hardship to the family or household
member.
(2) The court determines that the family or household member
who files the motion is completely dependent on the vehicle for
the
necessities of life and that the immobilization of the
vehicle
would be an undue hardship to the family or household
member.
(B) If a court pursuant to division (A) of this section
determines not to order the immobilization of a vehicle that
otherwise would be required pursuant to division (G) of section
4511.19 or division (B) of section 4511.193 of the Revised Code,
the court shall issue an order that waives the immobilization that
otherwise would be required pursuant to either of those divisions.
The immobilization waiver order shall be in effect for the period
of time for which the immobilization of the vehicle otherwise
would have been required under division (G) of section 4511.19 or
division (B) of section 4511.193 of the Revised Code if the
immobilization waiver order had not been issued, subject to
division (D) of this section. The immobilization waiver order
shall specify the period of time for which it is in effect. The
court shall provide a copy of an immobilization waiver order to
the offender and to the family or household member of the
offender who filed the motion requesting that the immobilization
order not be issued and shall place a copy of the immobilization
waiver order in the record in the case. The court shall impose an
immobilization waiver fee in the amount of fifty dollars. The
court shall determine whether the fee is to be paid by the
offender or by the family or household member. The clerk of the
court shall deposit transmit all of the fee in fees collected
during a month on or before the twenty-third day of the following
month to the state treasury to the credit of
be credited to the
indigent drivers alcohol treatment fund, created under
division
(F) of section 4511.191 of the Revised Code.
(C) If a court pursuant to division (B) of this section
issues an immobilization waiver order, the order shall identify
the family or household member who requested the order and the
vehicle to which the order applies, shall identify the family or
household members who are permitted to operate the vehicle, and
shall
identify the offender and specify that the offender is not
permitted to operate the vehicle. The immobilization waiver order
shall require that the family or household member display on the
vehicle to which the order
applies restricted license plates that
are issued under section
4503.231 of the Revised Code for the
entire period for which the
immobilization of the vehicle
otherwise would have been required
under division (G) of section
4511.19 or division (B) of section
4511.193 of the Revised Code
if the immobilization waiver order
had not been issued.
(D) A family or household member who is permitted to
operate
a vehicle under an immobilization waiver order issued
under this
section shall not permit the offender to operate the
vehicle. If
a family or household member who is permitted to
operate a
vehicle under an immobilization waiver order issued
under this
section permits the offender to operate the vehicle,
both of the
following apply:
(1) The court that issued the immobilization waiver order
shall terminate that order and shall issue an immobilization order
in accordance with section 4503.233 of the Revised Code that
applies to the vehicle, and the immobilization order shall be in
effect for the remaining period of time for which the
immobilization of the vehicle otherwise would have been required
under division (G) of section 4511.19 or division (B) of section
4511.193 of the Revised Code if the immobilization waiver order
had not been issued.
(2) The conduct of the family or household member in
permitting the offender to operate the vehicle is a violation of
section 4511.203 of the Revised Code.
(E) No offender shall operate a motor vehicle subject to an
immobilization waiver order. Whoever violates this division is
guilty of operating a motor vehicle in violation of an
immobilization waiver, a misdemeanor of the first degree.
(F) "Family or household member" has the same meaning as in
section 2919.25 of the Revised Code, except that the person must
be currently residing with the offender.
Sec. 4506.03. (A) Except as provided in divisions (B) and
(C) of this section, the
following
shall apply:
(1) No person shall drive a commercial motor vehicle on a
highway in this state unless
the person holds, and has in the
person's possession, a valid
commercial
driver's
license with
proper endorsements for the motor
vehicle
being
driven, issued by
the registrar of motor vehicles, a
valid
examiner's commercial
driving permit issued under section
4506.13
of the Revised Code, a
valid restricted commercial
driver's
license and waiver for
farm-related service industries
issued
under section 4506.24 of
the Revised Code, or a valid
commercial
driver's license temporary
instruction permit issued by
the
registrar and is accompanied by
an authorized state driver's
license examiner or tester or a
person who has been issued and
has
in
the person's immediate
possession a current, valid
commercial
driver's license with
proper endorsements for the motor
vehicle
being driven.
(2) No person shall be issued a commercial driver's
license
until
the person surrenders to the registrar of motor
vehicles
all
valid licenses issued to
the person by another
jurisdiction
recognized by this state. The registrar shall report the surrender
of a license to the issuing authority, together with information
that a license is now issued in this state. The registrar shall
destroy any such license that is not returned to the issuing
authority.
(3) No person who has been a resident of this state for
thirty days or longer shall drive a commercial motor vehicle
under
the authority of a commercial driver's license issued by
another
jurisdiction.
(B) Nothing in division (A) of this section applies to any
qualified
person when engaged in the operation of any of the
following:
(2) Fire equipment for a fire department, volunteer or
nonvolunteer fire company, fire district, or joint fire district;
(3) A public safety vehicle used to provide transportation
or
emergency medical service for ill or injured persons;
(4) A recreational vehicle;
(5) A commercial motor vehicle within the boundaries of an
eligible unit of
local government, if the person is employed by
the eligible unit of local
government and is operating the
commercial motor vehicle for the purpose of
removing snow or ice
from a roadway by plowing, sanding, or salting, but only
if either
the employee who holds a commercial driver's license issued under
this chapter and ordinarily operates a commercial motor vehicle
for these
purposes is unable to operate the vehicle, or the
employing eligible unit of
local government determines that a snow
or ice emergency exists that requires
additional assistance;
(6) A vehicle
operated for military purposes by any member
or
uniformed employee of the armed forces
of the United States or
their
reserve components, including the
Ohio national guard. This
exception
does not apply to United
States reserve technicians.
(7) A commercial motor vehicle that is operated
for
nonbusiness purposes. "Operated for nonbusiness purposes"
means
that the commercial motor vehicle is not used in commerce
as
"commerce" is defined in 49 C.F.R.
383.5, as amended, and is not
regulated by the public utilities
commission pursuant to Chapter
4919., 4921., or 4923. of the
Revised Code.
(8)
A motor vehicle that is designed primarily for the
transportation of
goods and not persons, while that motor vehicle
is being used for the
occasional transportation of
personal
property by
individuals not
for compensation and not in the
furtherance of a
commercial
enterprise;
(9) A police SWAT team vehicle;
(10) A police vehicle used to transport prisoners.
(C) Nothing contained in division (B)(5) of this section
shall be
construed as
preempting or superseding any law, rule, or
regulation of this state
concerning the safe operation of
commercial motor vehicles.
(D)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4510.13. (A)(1) Divisions (A)(2) to (9) of this
section
apply to a judge or mayor
regarding the suspension of, or
the
grant of limited driving privileges
during a suspension of,
an
offender's driver's or
commercial driver's license or permit or
nonresident operating
privilege imposed under division (G) or (H)
of section
4511.19 of the Revised Code, under division (B)
or (C)
of section 4511.191 of the Revised Code, or under section
4510.07
of the Revised Code for a conviction of a violation of a
municipal
OVI ordinance.
(2) No judge or mayor shall suspend the following portions
of
the
suspension of an offender's driver's or commercial driver's
license or
permit or nonresident operating privilege imposed under
division
(G) or (H) of section
4511.19 of the Revised Code or
under section 4510.07 of the Revised Code for a conviction of
a
violation of a municipal OVI ordinance, provided that division
(A)(2) of this section does not limit a court or
mayor in
crediting any period of suspension imposed pursuant to division
(B) or (C) of section 4511.191 of the Revised Code against
any
time of judicial suspension imposed pursuant to section 4511.19 or
4510.07 of the Revised Code, as described in divisions
(B)(2) and
(C)(2) of section
4511.191 of the Revised Code:
(a) The first six months of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code
or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code;
(b) The first year of a suspension imposed under division
(G)(1)(b) or (c) of
section 4511.19 of the Revised Code or of a
comparable
length
suspension imposed under section 4510.07 of the
Revised
Code;
(c) The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or of a
comparable length suspension imposed under section 4510.07
of the Revised Code;
(d) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code.
(3) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(G) or (H) of section 4511.19 of the Revised Code, under
division (C) of section 4511.191 of the Revised Code, or under
section 4510.07 of the Revised Code for a municipal OVI conviction
if the offender, within the preceding six years, has been
convicted of or
pleaded guilty to three or more violations of one
or more of the Revised Code sections, municipal ordinances,
statutes
of the United States or another state, or municipal
ordinances of
a municipal corporation of another state that are
identified in
divisions (G)(2)(b) to (h) of section
2919.22 of the
Revised Code.
Additionally, no judge or mayor shall grant limited driving
privileges to an offender whose driver's or commercial driver's
license
or permit or nonresident operating privilege has been
suspended under
division (B) of section 4511.191 of the Revised
Code if the
offender, within the preceding six years, has refused
three previous requests
to consent to a chemical test of the
person's whole blood, blood serum or
plasma, breath, or urine to
determine its alcohol content.
(4) No judge or mayor shall grant limited driving privileges
for
employment as a driver of commercial motor vehicles to an
offender whose
driver's or commercial driver's license or permit
or nonresident
operating privilege has been suspended under
division (G) or
(H)
of section 4511.19 of the Revised Code, under
division (B) or (C)
of section 4511.191 of the Revised Code, or
under section 4510.07
of the Revised Code for a municipal OVI
conviction if the
offender is disqualified from operating a
commercial motor vehicle, or whose license or permit has been
suspended, under
section 3123.58 or 4506.16 of the
Revised Code.
(5) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(G) or (H) of section 4511.19 of the Revised Code, under
division (C) of section 4511.191 of the Revised Code, or under
section 4510.07 of the Revised Code for a conviction of a
violation of a municipal OVI ordinance during any of the following
periods of time:
(a) The first fifteen days of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code or a
comparable
length suspension imposed under section 4510.07 of the
Revised Code, or of a suspension
imposed under
division (C)(1)(a)
of section 4511.191 of the
Revised Code. On or after
the
sixteenth
day of the suspension, the court may grant limited
driving
privileges, but the court may require that the offender
shall not
exercise the privileges
unless the vehicles the offender
operates
are equipped with
immobilizing or disabling devices that
monitor
the offender's
alcohol consumption or any other type of
immobilizing or disabling
devices, except as provided in division
(C) of section 4510.43
of the Revised Code.
(b) The first forty-five days of a suspension imposed
under
division
(C)(1)(b)
of section 4511.191 of the
Revised Code. On or
after the
thirty-first forty-sixth day of
suspension, the court
may grant
limited
driving privileges, but the court may
require
that the
offender
shall not exercise the privileges
unless the
vehicles the
offender
operates are equipped with
immobilizing or
disabling
devices that
monitor the offender's
alcohol consumption
or any
other type of
immobilizing or disabling
devices, except as
provided in division
(C) of section 4510.43
of the Revised Code.
(c) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or a
comparable length suspension imposed under section 4510.07 of the
Revised Code.
(d) The first one hundred eighty days of a suspension
imposed
under
division
(C)(1)(c) of section 4511.191 of
the Revised Code.
On or
after the first one hundred eighty days eighty-first day of
suspension, the
court
may
grant limited driving
privileges, and
either of the
following applies:
(i) If the underlying arrest
is alcohol-related, the
court
shall issue an order that, except as provided in division
(C) of
section 4510.43 of the Revised Code,
for the
remainder of the
period of
suspension the
offender shall not
exercise the
privileges unless
the vehicles
the offender operates
are
equipped with a certified
ignition
interlock device.
(ii) If the underlying arrest is drug-related, the court
in
its discretion may issue an order that, except as provided in
division (C) of section 4510.43 of the Revised Code, for the
remainder of the period of suspension the offender shall not
exercise the privileges unless the vehicles the offender operates
are equipped with a certified ignition interlock device.
(e) The first forty-five days of a suspension imposed under
division
(G)(1)(b) of section 4511.19 of the Revised Code or a
comparable length suspension imposed under section 4510.07 of the
Revised Code. On or after the forty-sixth day of the suspension,
the court may grant limited driving privileges, and either of the
following applies:
(i) If the underlying conviction is alcohol-related, the
court
shall issue an order that, except as provided in division
(C) of
section
4510.43 of the Revised Code, for the remainder of
the
period of suspension
the offender shall not exercise the
privileges unless the vehicles
the offender operates are equipped
with a certified ignition
interlock device.
(ii) If the underlying conviction is drug-related, the court
in its discretion may issue an order that, except as provided in
division (C) of section 4510.43 of the Revised Code, for the
remainder of the period of suspension the offender shall not
exercise the privileges unless the vehicles the offender operates
are equipped with a certified ignition interlock device.
(f) The first one hundred eighty days of a suspension imposed
under
division (G)(1)(c) of section 4511.19 of the Revised Code
or a
comparable length suspension imposed under section 4510.07
of the
Revised Code. On or after the one hundred eighty-first day
of the suspension,
the court may grant limited driving
privileges, and either of the following applies:
(i) If the underlying conviction is alcohol-related, the
court
shall issue an order that, except as
provided in division
(C) of
section
4510.43 of the Revised Code,
for the remainder
of the
period of suspension
the offender shall
not exercise the
privileges unless the vehicles
the offender
operates are
equipped with a certified ignition
interlock device.
(ii) If the underlying conviction is drug-related, the court
in its discretion may issue an order that, except as provided in
division (C) of section 4510.43 of the Revised Code, for the
remainder of the period of suspension the offender shall not
exercise the privileges unless the vehicles the offender operates
are equipped with a certified ignition interlock device.
(g)
The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or a
comparable length suspension imposed under section 4510.07 of
the
Revised Code, or of a
suspension imposed under
division
(C)(1)(d)
of section 4511.191 of the
Revised Code. On
or after
the first three years of suspension, the court may
grant
limited
driving privileges, and either of the following
applies:
(i) If the underlying conviction is alcohol-related, the
court shall issue an order that, except as
provided in
division
(C) of section 4510.43
of the Revised Code,
for the remainder of
the period of suspension the offender shall
not exercise the
privileges unless the vehicles the offender
operates are equipped
with a certified ignition interlock device.
(ii) If the underlying conviction is drug-related, the court
in its discretion may issue an order that, except as provided in
division (C) of section 4510.43 of the Revised Code, for the
remainder of the period of suspension the offender shall not
exercise the privileges unless the vehicles the offender operates
are equipped with a certified ignition interlock device.
(6) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(B) of section 4511.191 of the Revised Code during any of
the following periods of time:
(a) The first thirty days of suspension imposed under
division
(B)(1)(a) of section 4511.191 of the Revised Code;
(b) The first ninety days of suspension imposed under
division
(B)(1)(b) of section 4511.191 of the Revised Code;
(c) The first year of suspension imposed under division
(B)(1)(c)
of section 4511.191 of the Revised Code;
(d) The first three years of suspension imposed under
division
(B)(1)(d) of section 4511.191 of the Revised Code.
(7) In any case in which a judge or mayor grants limited
driving
privileges to an offender whose driver's or commercial
driver's license
or permit or nonresident operating privilege has
been suspended under
division (G)(1)(b), (c), (d), or (e) of
section 4511.19 of the
Revised Code, under division (G)(1)(a) of
section 4511.19 of the Revised Code for a violation of division
(A)(1)(f), (g), (h), or (i) of that section, or under
section
4510.07 of the Revised Code for a
municipal OVI
conviction for
which sentence would have been imposed under division
(G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of
the Revised Code had the offender been charged with and convicted
of a violation of section 4511.19 of the Revised Code instead of a
violation of the municipal OVI ordinance, the judge or mayor shall
impose as a
condition of the privileges
that the offender must
display on the
vehicle that is driven subject to the
privileges
restricted
license plates that are issued under section 4503.231
of the
Revised Code, except
as provided in division (B) of that
section.
(8) In any case in which the offender operates a motor
vehicle that is not equipped with an ignition interlock device,
circumvents the device, or tampers with the device or in any case
in which the court receives notice pursuant
to section 4510.46 of
the Revised Code that a certified ignition
interlock device
required by an order issued under division
(A)(5)(e), (f), or (g)
of this section prevented an offender from
starting a motor
vehicle, the following applies:
(a) If the offender was sentenced under division (G)(1)(b) of
section 4511.19 of the Revised Code, on a first instance the court
may require the offender to
wear a monitor
that provides
continuous alcohol monitoring that is
remote. On a second
instance, the court shall require the offender to wear a monitor
that provides continuous alcohol monitoring that is remote for a
minimum of forty days. On a third instance or more, the court
shall require the offender to wear a monitor that provides
continuous alcohol monitoring that is remote for a minimum of
sixty days.
(b) If the offender was sentenced under division (G)(1)(c),
(d), or (e) of section 4511.19 of the Revised Code, on a first
instance the court shall require the offender to wear a monitor
that provides continuous alcohol monitoring that is remote for a
minimum of forty days. On a second instance or more, the court
shall require the offender to wear a monitor that provides
continuous alcohol monitoring that is remote for a minimum of
sixty days.
(9) In any case in which the court issues an order under
this section prohibiting an offender from exercising limited
driving privileges unless the vehicles the offender operates are
equipped with an immobilizing or disabling device, including a
certified ignition interlock device, or requires an offender to
wear a monitor that provides continuous alcohol monitoring that is
remote, the court shall impose an additional court cost of two
dollars and fifty cents upon the offender. The court shall not
waive the payment
of the two dollars and fifty cents 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 court shall retain one hundred per cent of this court
cost. The clerk of court shall
transmit one hundred per cent of
this mandatory court
cost collected during a month on the first
business
or before the twenty-third day of the following month to
the state treasury to be
credited
to the state highway safety
fund created under section
4501.06 of
the Revised Code, to be
used by the department of
public safety
to cover costs
associated with maintaining the
habitual OVI/OMWI
offender
registry created under section 5502.10
of the Revised
Code. In
its discretion the court may impose an additional court
cost of
two dollars and fifty cents upon the offender. The clerk
of court
shall retain this discretionary two dollar and fifty cent court
cost,
if imposed, and shall deposit it in the court's special
projects
fund that is established under division (E)(1) of
section 2303.201
or, division (B)(1) of section 1901.26, or
division (B)(1) of section 1907.24 of the
Revised Code.
(10) In any case in which the court issues an order under
this section prohibiting an offender from exercising limited
driving privileges unless the vehicles the offender operates are
equipped with an immobilizing or disabling device, including a
certified ignition interlock device, the court shall notify the
offender at the time the offender is granted limited driving
privileges that, in accordance with section 4510.46 of the Revised
Code, if the court receives notice that the device prevented the
offender from starting the motor vehicle because the device was
tampered with or circumvented or because the analysis of the
deep-lung breath sample or other method employed by the device to
measure the concentration by weight of alcohol in the offender's
breath indicated the presence of alcohol in the offender's breath
in a concentration sufficient to prevent the device from
permitting the motor vehicle to be started, the court may increase
the period of suspension of the offender's driver's or commercial
driver's license or permit or nonresident operating privilege from
that originally imposed by the court by a factor of two and may
increase the period of time during which the offender will be
prohibited from exercising any limited driving privileges granted
to the offender unless the vehicles the offender operates are
equipped with a certified ignition interlock device by a factor of
two.
(B) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to
section 4511.19 or 4511.191 of the Revised Code or
under
section 4510.07 of the Revised Code for a violation of a
municipal OVI ordinance may file a petition for
limited driving
privileges during the suspension. The person shall file the
petition
in the court that has jurisdiction over the
place of
arrest. Subject to division (A) of this section, the court
may
grant the person limited driving privileges during the
period
during which the suspension otherwise would be imposed.
However,
the court shall not grant the privileges for
employment as a
driver of a commercial motor vehicle to any person
who is
disqualified from operating a commercial motor vehicle
under
section 4506.16 of the Revised Code or during any of
the
periods
prescribed by division (A) of this section.
(C)(1) After a driver's or commercial driver's license or
permit
or nonresident operating privilege has been suspended
pursuant to section
2903.06, 2903.08, 2903.11, 2907.24, 2921.331,
2923.02, 2929.02, 4511.19,
4511.251, 4549.02, 4549.021, or
5743.99
of the Revised Code, any
provision of
Chapter 2925. of the Revised
Code, or section
4510.07
of the Revised Code for a violation of a
municipal
OVI ordinance,
the judge of the
court or
mayor of the
mayor's court that
suspended the license, permit, or privilege
shall cause the
offender to deliver to the court
the license or
permit. The
judge, mayor, or clerk of the court or
mayor's court
shall
forward
to the registrar the license or permit together with
notice of the
action of the court.
(2) A suspension of a commercial driver's license under any
section or chapter identified in division (C)(1) of this section
shall be concurrent with any period of suspension or
disqualification under
section 3123.58 or 4506.16 of the Revised
Code. No person
who is
disqualified for life from holding a
commercial driver's license
under
section 4506.16 of the Revised
Code shall be issued a
driver's license under this chapter during
the period for which
the commercial driver's license was suspended
under this section,
and no person whose commercial driver's
license is suspended under
any section or chapter identified in
division (C)(1) of this
section
shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period of the
suspension.
(3) No judge or mayor shall suspend any class one
suspension,
or any portion of any class one suspension, imposed under section
2903.04, 2903.06, 2903.08, or 2921.331 of the Revised Code. No
judge or
mayor shall suspend the first thirty days of any class
two, class
three, class four, class five, or class six suspension
imposed
under section 2903.06, 2903.08, 2903.11, 2923.02, or
2929.02 of the Revised Code.
(D) The judge of the court or mayor of the mayor's court
shall
credit any time during which an offender was subject to an
administrative
suspension of the offender's driver's or commercial
driver's license or permit or nonresident operating privilege
imposed pursuant to section 4511.191 or 4511.192 of the Revised
Code or a suspension imposed by a judge,
referee, or mayor
pursuant to division (B)(1) or (2) of
section 4511.196 of the
Revised Code against the time to be
served
under a related
suspension imposed pursuant to any section or chapter
identified
in division (C)(1) of this section.
(E) The judge or mayor shall notify the bureau of motor
vehicles
of any determinations made pursuant to this section and
of any suspension
imposed pursuant to any section or chapter
identified in division
(C)(1) of this section.
(F)(1) If a court issues an immobilizing or disabling device
order under section 4510.43 of the Revised Code, the order
shall
authorize the offender during the specified period to operate a
motor vehicle
only if it is equipped with an immobilizing or
disabling device, except as
provided in division (C) of that
section. The court
shall provide the offender with a copy of an
immobilizing or disabling
device order issued under section
4510.43 of the Revised
Code, and the offender shall use the copy
of the order
in lieu of an Ohio driver's or
commercial driver's
license or permit until the registrar or a deputy
registrar issues
the
offender a restricted license.
An order issued under section 4510.43 of the Revised Code
does not
authorize or permit the offender to whom it has been
issued to operate a
vehicle during any time that the offender's
driver's or commercial driver's
license or
permit is suspended
under any other provision of law.
(2) An offender may present an immobilizing or disabling
device
order to the registrar or to a deputy registrar. Upon
presentation of
the order to the registrar or a deputy registrar,
the registrar or
deputy registrar shall issue the offender a
restricted license. A
restricted license issued under this
division shall be identical
to an Ohio driver's license, except
that it shall have printed on
its face a statement that the
offender is prohibited during the period
specified in the court
order from operating any
motor vehicle that is not equipped with
an immobilizing or
disabling device. The date of commencement and
the
date of termination of the period of suspension shall be
indicated
conspicuously
upon the face of the license.
Sec. 4511.19. (A)(1) No person shall operate any vehicle,
streetcar, or trackless trolley
within this state, if,
at the
time
of the operation, any of the
following apply:
(a) The person is under the influence of alcohol, a drug
of
abuse, or
a
combination of
them.
(b) The person has a concentration of eight-hundredths of
one
per cent or more
but less than seventeen-hundredths of one per
cent
by weight
per unit volume of alcohol in the person's
whole
blood.
(c)
The person has a concentration of ninety-six-thousandths
of
one per
cent or more but less than two hundred four-thousandths
of
one per cent
by weight per unit volume of alcohol in the
person's
blood serum or
plasma.
(d) The person has a concentration of eight-hundredths of
one
gram or more but less than seventeen-hundredths of one gram
by
weight of alcohol per two hundred ten liters
of the person's
breath.
(e) The person has a concentration of eleven-hundredths
of
one gram or more
but less than two hundred
thirty-eight-thousandths of one gram
by weight of alcohol per one
hundred
milliliters of the person's urine.
(f) The person has a concentration of
seventeen-hundredths
of
one per cent or more by weight
per unit
volume
of alcohol in
the
person's
whole blood.
(g)
The person has a concentration of two hundred
four-thousandths of one per cent or more by weight per unit volume
of alcohol
in the person's blood serum or plasma.
(h) The person has a concentration of
seventeen-hundredths
of
one gram or more by weight of alcohol per
two hundred ten
liters
of the person's breath.
(i) The person has a concentration of two hundred
thirty-eight-thousandths of one gram or more by weight of alcohol
per one hundred milliliters of the person's urine.
(j) Except as provided in division (K) of this section, the
person has a concentration of any of the following controlled
substances or metabolites of a controlled substance in the
person's whole blood, blood serum or plasma, or urine that equals
or exceeds any of the following:
(i) The person has a concentration of amphetamine in the
person's urine of at least five hundred nanograms of amphetamine
per milliliter of the person's urine or has a concentration of
amphetamine in the person's whole blood or blood serum or plasma
of at least one hundred nanograms of amphetamine per milliliter of
the person's whole blood or blood serum or plasma.
(ii) The person has a concentration of cocaine in the
person's urine of at least one hundred fifty nanograms of cocaine
per milliliter of the person's urine or has a concentration of
cocaine in the person's whole blood or blood serum or plasma of at
least fifty nanograms of cocaine per milliliter of the person's
whole blood or blood serum or plasma.
(iii) The person has a concentration of cocaine metabolite in
the person's urine of at least one hundred fifty nanograms of
cocaine metabolite per milliliter of the person's urine or has a
concentration of cocaine metabolite in the person's whole blood or
blood serum or plasma of at least fifty nanograms of cocaine
metabolite per milliliter of the person's whole blood or blood
serum or plasma.
(iv) The person has a concentration of heroin in the person's
urine of at least two thousand nanograms of heroin per milliliter
of the person's urine or has a concentration of heroin in the
person's whole blood or blood serum or plasma of at least fifty
nanograms of heroin per milliliter of the person's whole blood or
blood serum or plasma.
(v) The person has a concentration of heroin metabolite
(6-monoacetyl morphine) in the person's urine of at least ten
nanograms of heroin metabolite (6-monoacetyl morphine) per
milliliter of the person's urine or has a concentration of heroin
metabolite (6-monoacetyl morphine) in the person's whole blood or
blood serum or plasma of at least ten nanograms of heroin
metabolite (6-monoacetyl morphine) per milliliter of the person's
whole blood or blood serum or plasma.
(vi) The person has a concentration of L.S.D. in the person's
urine of at least twenty-five nanograms of L.S.D. per milliliter
of the person's urine or a concentration of L.S.D. in the person's
whole blood or blood serum or plasma of at least ten nanograms of
L.S.D. per milliliter of the person's whole blood or blood serum
or plasma.
(vii) The person has a concentration of marihuana in the
person's urine of at least ten nanograms of marihuana per
milliliter of the person's urine or has a concentration of
marihuana in the person's whole blood or blood serum or plasma of
at least two nanograms of marihuana per milliliter of the person's
whole blood or blood serum or plasma.
(viii) Either of the following applies:
(I) The person is under the influence of alcohol, a drug of
abuse, or a combination of them, and, as measured by gas
chromatography mass spectrometry, the person has a concentration
of marihuana metabolite in the person's urine of at least fifteen
nanograms of marihuana metabolite per milliliter of the person's
urine or has a concentration of marihuana metabolite in the
person's whole blood or blood serum or plasma of at least five
nanograms of marihuana metabolite per milliliter of the person's
whole blood or blood serum or plasma.
(II) As measured by gas chromatography mass spectrometry, the
person has a concentration of marihuana metabolite in the person's
urine of at least thirty-five nanograms of marihuana metabolite
per milliliter of the person's urine or has a concentration of
marihuana metabolite in the person's whole blood or blood serum or
plasma of at least fifty nanograms of marihuana metabolite per
milliliter of the person's whole blood or blood serum or plasma.
(ix) The person has a concentration of methamphetamine in the
person's urine of at least five hundred nanograms of
methamphetamine per milliliter of the person's urine or has a
concentration of methamphetamine in the person's whole blood or
blood serum or plasma of at least one hundred nanograms of
methamphetamine per milliliter of the person's whole blood or
blood serum or plasma.
(x) The person has a concentration of phencyclidine in the
person's urine of at least twenty-five nanograms of phencyclidine
per milliliter of the person's urine or has a concentration of
phencyclidine in the person's whole blood or blood serum or plasma
of at least ten nanograms of phencyclidine per milliliter of the
person's whole blood or blood serum or plasma.
(xi) The state board of pharmacy has adopted a rule pursuant
to section 4729.041 of the Revised Code that specifies the amount
of salvia divinorum and the amount of salvinorin A that constitute
concentrations of salvia divinorum and salvinorin A in a person's
urine, in a person's whole blood, or in a person's blood serum or
plasma at or above which the person is impaired for purposes of
operating any vehicle, streetcar, or trackless trolley within this
state, the rule is in effect, and the person has a concentration
of salvia divinorum or salvinorin A of at least that amount so
specified by rule in the person's urine, in the person's whole
blood, or in the person's 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, a violation of division (A)(1) or (B) of this section,
or any other equivalent offense shall do both of
the following:
(a) Operate any vehicle, streetcar, or trackless trolley
within this state while under the influence of alcohol, a drug of
abuse, or a combination of them;
(b) Subsequent to being arrested for operating the vehicle,
streetcar, or trackless trolley as described in division (A)(2)(a)
of this section, being asked by a law enforcement officer to
submit to a chemical test or tests under section 4511.191 of the
Revised Code, and being advised by the officer in accordance with
section 4511.192 of the Revised Code of the consequences of the
person's refusal or submission to the test or tests, refuse to
submit to the test or tests.
(B) No person under twenty-one years of age shall operate
any
vehicle, streetcar, or trackless trolley within this state,
if,
at
the time of the operation, any of the following
apply:
(1) The person has a concentration of at least
two-hundredths
of one per cent but less than eight-hundredths of
one
per cent by
weight
per unit volume of alcohol in the person's
whole blood.
(2)
The person has a concentration of at least
three-hundredths of one per
cent but less than
ninety-six-thousandths
of one per cent by weight per unit volume
of alcohol in the
person's blood serum or plasma.
(3) The person has a concentration of at least
two-hundredths
of one gram but less than eight-hundredths of one
gram by weight
of alcohol per two hundred ten liters of the
person's breath.
(4) The person has a concentration of at least
twenty-eight
one-thousandths of one gram but less than
eleven-hundredths of
one
gram by weight of alcohol per one
hundred milliliters of the
person's urine.
(C) In any proceeding arising out of one incident, a
person
may be charged with a violation of division (A)(1)(a) or (A)(2)
and a
violation
of division (B)(1), (2), or (3) of this section,
but
the person
may not be convicted of more than one violation of
these
divisions.
(D)(1)(a) In any criminal prosecution or juvenile court
proceeding for a violation of division (A)(1)(a) of this section
or for an equivalent offense that is vehicle-related, the result
of any test of any blood
or urine withdrawn and analyzed at any
health care provider, as
defined in section 2317.02 of the
Revised Code, may be admitted
with expert testimony to be
considered with any other relevant and
competent evidence in
determining the guilt or innocence of the
defendant.
(b) In any criminal prosecution or juvenile court
proceeding
for a violation of
division (A) or (B) of this section
or for an
equivalent
offense that is vehicle-related, the court may admit
evidence on the
concentration of
alcohol, drugs of abuse,
controlled substances,
metabolites of a controlled substance, or
a combination of
them in
the
defendant's
whole blood,
blood serum
or plasma,
breath, urine,
or
other bodily
substance at the time
of the
alleged violation as
shown by
chemical analysis of the
substance
withdrawn within
three hours of
the time of
the alleged
violation. The three-hour
time limit specified in this division
regarding the admission of
evidence does not extend or affect the
two-hour time limit
specified in division (A) of section 4511.192
of the Revised Code
as the maximum period of time during which a
person may consent to
a chemical test or tests as described in
that section. The court
may admit evidence on the concentration
of alcohol, drugs of
abuse, or a combination of them as described
in this division when
a person submits to a blood, breath, urine,
or other bodily
substance test at the request of a
law
enforcement officer under
section 4511.191 of the
Revised
Code or
a blood or urine sample is
obtained pursuant to a search warrant.
Only a
physician, a
registered nurse, or a qualified
technician,
chemist,
or
phlebotomist shall withdraw a blood sample for
the
purpose of
determining
the
alcohol, drug, controlled substance,
metabolite of
a controlled substance, or
combination content
of
the whole
blood, blood serum,
or blood plasma.
This
limitation
does
not
apply to the taking of breath or urine
specimens. A
person
authorized to withdraw blood under
this
division may
refuse to
withdraw blood
under this division, if in
that person's
opinion,
the physical welfare of
the person would
be
endangered
by the
withdrawing of blood.
The bodily substance
withdrawn under division (D)(1)(b) of
this section shall be analyzed in
accordance with
methods approved
by the director of health by an
individual
possessing a valid
permit issued by the director
pursuant to section 3701.143 of the
Revised Code.
(2) In a criminal prosecution or juvenile court proceeding
for a violation of division (A) of this section
or for an
equivalent offense that is vehicle-related, 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.
If the chemical test was obtained pursuant to division
(D)(1)(b) of this section, the person tested may have a physician,
a registered nurse,
or a qualified technician, chemist,
or
phlebotomist of the
person's own
choosing administer a chemical
test or tests,
at the
person's
expense, in addition to any
administered at the request
of a
law enforcement
officer.
The
If
the person was under arrest as described in division (A)(5) of
section 4511.191 of the Revised Code, the arresting officer shall
advise the person at the time of the arrest that the person may
have an independent chemical test taken at the person's own
expense. If the person was under arrest other than described in
division (A)(5) of section 4511.191 of the Revised Code, 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 whole
blood,
blood serum or plasma, breath, or urine, if a law
enforcement officer has administered a
field sobriety test to the
operator of the vehicle involved in the
violation and if it is
shown by clear and convincing evidence that
the officer
administered the test in substantial
compliance with
the testing
standards for any reliable, credible,
and generally
accepted field
sobriety
tests that were in effect at
the time the
tests were
administered, including, but not limited
to, any
testing standards
then in effect that were set by the
national
highway traffic
safety administration, all
of the
following apply:
(i) The officer may testify concerning the results of the
field sobriety test so administered.
(ii) The prosecution may introduce the results of the field
sobriety test so administered as evidence in any proceedings in
the criminal prosecution or juvenile court proceeding.
(iii) If testimony is presented or evidence is introduced
under division (D)(4)(b)(i) or (ii) of this section and if the
testimony or evidence is admissible under the Rules of Evidence,
the court shall admit the testimony or evidence and the trier of
fact shall give it whatever weight the trier of fact considers to
be appropriate.
(c) Division (D)(4)(b) of this section does not limit or
preclude a court, in its determination of whether the arrest of a
person was supported by probable cause or its determination of any
other matter in a criminal prosecution or juvenile court
proceeding of a type described in that division, from considering
evidence or testimony that is not otherwise disallowed by division
(D)(4)(b) of this section.
(E)(1)
Subject to division (E)(3) of
this section,
in any
criminal prosecution or juvenile court proceeding for a
violation
of
division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent
offense that is substantially equivalent to any
of those
divisions, a laboratory report from any
laboratory
personnel
issued a permit by the department of health authorizing an
analysis as described in this division that
contains an analysis
of
the whole blood, blood serum or plasma,
breath, urine, or other
bodily substance tested and that contains
all of the information
specified in this division shall be
admitted as prima-facie
evidence of the information and statements
that the report
contains. The laboratory report shall contain all
of the
following:
(a)
The signature, under oath, of any person who performed
the
analysis;
(b)
Any findings as to the identity and quantity of alcohol,
a
drug of abuse, a controlled substance, a metabolite of a
controlled substance, or a combination of them that was found;
(c)
A copy of a notarized statement by the laboratory
director or
a designee of the director that contains the name of
each certified analyst or test performer involved with the
report,
the analyst's or test performer's employment relationship
with the
laboratory that issued the report, and a notation that
performing
an analysis of the type involved is part of the
analyst's or test
performer's regular duties;
(d)
An outline of the analyst's or test performer's
education,
training, and experience in performing the type of
analysis involved and a
certification that the laboratory
satisfies appropriate quality control standards in general and, in
this
particular analysis, under rules of the
department of health.
(2) Notwithstanding any other provision of law regarding the
admission of
evidence, a report of the type described
in division
(E)(1) of this section is not admissible against the
defendant to
whom
it pertains in any proceeding, other than a preliminary
hearing or a grand
jury proceeding, unless the prosecutor
has
served a
copy of the report on the defendant's attorney or, if the
defendant has no attorney, on the defendant.
(3) A report of the type described in division (E)(1) of
this
section shall not be prima-facie evidence of the contents,
identity, or amount
of any substance if, within seven days after
the
defendant to whom the report pertains or the defendant's
attorney
receives a copy of the report, the defendant or the
defendant's
attorney demands the testimony of the person who
signed the
report. The judge in the case may extend the seven-day
time limit
in the interest of justice.
(F) Except as otherwise provided in this division, any
physician, registered nurse, or qualified
technician, chemist,
or
phlebotomist who
withdraws blood from a person pursuant
to this
section or section 4511.191 or 4511.192 of the Revised Code, and
any hospital, first-aid station, or clinic
at which
blood is
withdrawn from a person pursuant to this
section or section
4511.191 or 4511.192 of the Revised Code, is
immune from criminal
liability and
civil
liability
based upon a
claim of assault and
battery or
any other
claim that is not
a
claim
of malpractice, for
any
act performed in withdrawing blood
from
the person.
The
immunity
provided in this division is not
available to a
person
who
withdraws blood if the person engages in
willful or wanton
misconduct.
(G)(1) Whoever violates any provision of divisions
(A)(1)(a)
to
(i) or (A)(2) of this section is
guilty of
operating a vehicle
under the
influence of alcohol, a drug of abuse, or a
combination
of them.
Whoever violates division (A)(1)(j) of this section is
guilty of operating a vehicle while under the influence of a
listed controlled substance or a listed metabolite of a controlled
substance. The court shall sentence the offender for either
offense under
Chapter 2929. of the
Revised Code, except as
otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of
this section:
(a)
Except as otherwise provided in division
(G)(1)(b), (c),
(d),
or (e) of this section, the offender is guilty of a
misdemeanor of
the first degree, and the court shall sentence the
offender to all of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term
of three consecutive days. As used in
this
division, three consecutive days means seventy-two consecutive
hours.
The court
may sentence an offender to both an
intervention
program and a jail term. The court may impose a jail
term in
addition to the three-day mandatory jail term or intervention
program. However,
in no case shall the cumulative jail term
imposed for the offense
exceed six months.
The court may suspend the execution of the
three-day jail
term under this division if the court, in lieu of that
suspended
term, places the offender under a community control sanction
pursuant to section 2929.25 of the Revised Code and requires the
offender
to
attend, for three consecutive days, a
drivers'
intervention
program certified under section 3793.10 of the
Revised Code.
The
court also may suspend the execution of any
part of the
three-day
jail term under this division if it places
the offender under a community control sanction pursuant to
section 2929.25 of the Revised Code for part of the three days,
requires the offender to
attend for the suspended part of the term
a drivers' intervention
program so certified, and sentences the
offender to a jail term
equal to the remainder of the three
consecutive days that the
offender does not spend attending the
program. The court may
require the offender, as a condition of
community control and in addition
to the required attendance at a
drivers' intervention program, to
attend and satisfactorily
complete any treatment or education
programs that comply with the
minimum standards adopted pursuant
to Chapter 3793. of the Revised
Code by the director of alcohol
and drug addiction services that
the operators of the drivers'
intervention program determine that
the offender should attend and
to report periodically to the court
on the offender's progress in
the programs. The court also may
impose on the offender any other
conditions of community control
that it considers necessary.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, except as
otherwise provided in
this division, a
mandatory jail term of at
least three consecutive
days and a
requirement that the offender
attend, for three
consecutive days,
a drivers' intervention
program that is
certified pursuant to
section 3793.10 of the
Revised Code. As
used in this division,
three consecutive days
means seventy-two consecutive
hours. If the
court determines that
the offender is not
conducive to treatment
in a drivers'
intervention program, if the
offender refuses to
attend a drivers'
intervention program, or if the jail at
which
the offender is to
serve the jail term imposed can provide a
driver's intervention
program, the court shall sentence the
offender to a mandatory jail
term of at least six consecutive
days.
The court may require the offender, under a community control
sanction imposed under section 2929.25 of the Revised Code,
to
attend and satisfactorily complete any treatment or
education
programs that comply with the minimum standards adopted
pursuant
to
Chapter 3793. of the Revised Code by the director of
alcohol
and drug addiction services, in addition to the required
attendance at
drivers' intervention program, that the operators of
the drivers' intervention
program determine that
the offender
should attend and to report periodically to the court
on the
offender's progress in the programs. The court also may
impose
any
other conditions of community control on the offender that it
considers necessary.
(iii)
In all cases,
a fine of not less than three hundred
seventy-five and not more than one
thousand
seventy-five
dollars;
(iv)
In all cases, a class five license suspension of the
offender's driver's or commercial driver's license or permit or
nonresident
operating privilege from the range specified in
division (A)(5) of
section 4510.02 of the Revised Code. The court
may grant limited driving privileges
relative to the suspension
under sections 4510.021 and 4510.13 of the
Revised
Code.
(b)
Except as otherwise provided in division
(G)(1)(e)
of
this section,
an offender who, within six years of the offense,
previously
has been convicted of or pleaded guilty to one
violation of division
(A) or (B) of this section or one other
equivalent offense
is guilty of a misdemeanor of the first degree.
The court shall sentence the
offender to all of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term
of ten consecutive days. The court
shall
impose the ten-day mandatory jail term under this division unless,
subject to division (G)(3) of this section, it instead
imposes a
sentence under that division consisting of both a jail term and a
term of
house arrest with electronic monitoring, with continuous
alcohol monitoring, or with both electronic monitoring and
continuous alcohol monitoring. The court may
impose a
jail term in
addition to the
ten-day mandatory jail term.
The
cumulative jail
term imposed for the offense shall not exceed
six
months.
In addition to the jail term or the term of house arrest with
electronic monitoring or continuous alcohol monitoring or both
types of monitoring and jail term, the court shall require the
offender
to be assessed by an
alcohol and drug treatment program
that is
authorized by
section 3793.02 of the Revised Code,
subject
to division (I) of this section, and shall order the
offender to
follow the treatment recommendations of the program.
The purpose of the assessment is to determine the
degree of the
offender's alcohol usage and to determine whether or
not
treatment is warranted. Upon the request of the court, the
program
shall submit the results of the
assessment to the court,
including
all treatment recommendations
and clinical diagnoses
related to
alcohol use.
(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 shall require the
offender
to be assessed by an
alcohol and drug treatment program
that is
authorized by
section 3793.02 of the Revised Code,
subject
to division (I) of this section, and shall order the
offender to
follow the treatment recommendations of the program.
The purpose of the assessment is to determine the
degree of the
offender's alcohol usage and to determine whether or
not
treatment is warranted. Upon the request of the court, the
program
shall submit the
results of the assessment to the court,
including
all treatment
recommendations and clinical diagnoses
related to
alcohol use.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter
2929. of the Revised Code, a fine of not less than
five
hundred twenty-five and not more than one
thousand
six hundred
twenty-five dollars;
(iv)
In all cases, a class four license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(4) of
section 4510.02 of
the Revised Code. The court may grant limited
driving
privileges relative to the suspension under sections
4510.021 and 4510.13 of
the Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's
name, immobilization of the vehicle involved in the
offense for ninety days in
accordance with section
4503.233 of the
Revised Code and impoundment of the license plates
of that vehicle
for ninety days.
(c)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously
has been convicted of or pleaded guilty to two
violations of division
(A) or (B) of this section or other
equivalent offenses is
guilty of a
misdemeanor. The court shall
sentence the offender to all
of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term
of thirty consecutive days. The court
shall
impose the thirty-day mandatory jail term under this division
unless, subject to division (G)(3) of this section, it
instead
imposes a sentence under that division consisting of both a jail
term and a term of
house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The
court may impose a
jail
term in addition to the
thirty-day
mandatory jail term.
Notwithstanding the jail terms
set
forth in sections 2929.21 to
2929.28 of the Revised Code, the additional
jail
term shall not
exceed one year, and the cumulative jail term
imposed
for the
offense shall not exceed
one year.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory
jail term of
sixty
consecutive days. The
court shall impose the
sixty-day mandatory jail
term under this
division unless, subject
to division (G)(3)
of this section, it
instead imposes a sentence
under that division
consisting of both
a jail term
and a term of
house arrest with electronic monitoring,
with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring. The court may impose
a
jail term in
addition to the sixty-day mandatory jail term.
Notwithstanding
the jail terms set forth in sections 2929.21 to
2929.28 of the
Revised Code, the additional jail term shall
not
exceed one year,
and the cumulative jail term imposed for the
offense
shall not
exceed one year.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter 2929. of the Revised Code, a fine of not less than
eight
hundred fifty and
not more than two thousand seven
hundred fifty
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, the court shall order the
offender to
participate in an alcohol and drug
addiction
program
authorized
by section
3793.02 of the Revised
Code, subject to
division (I)
of this
section, and shall order the offender to
follow the
treatment recommendations of the program. The operator
of the
program shall determine and assess the degree of the
offender's
alcohol dependency and shall make recommendations for
treatment.
Upon the request of the court, the program shall submit
the
results of the assessment to the court, including all
treatment
recommendations and clinical diagnoses related to
alcohol use.
(d)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously has been
convicted of or pleaded guilty to three or
four violations of division
(A) or (B) of this section or other
equivalent offenses or an offender who, within twenty years of the
offense, previously has been convicted of or pleaded guilty to
five or more violations of that nature is
guilty of a felony of
the fourth degree.
The court shall
sentence the offender to all of
the following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory prison term of one, two, three, four, or five years as
required by and in accordance with division (G)(2) of section
2929.13 of the Revised Code if the offender also is convicted of
or also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or, in the
discretion of
the
court, either a mandatory term of local
incarceration of sixty
consecutive
days in accordance with
division (G)(1) of section
2929.13 of the Revised Code or a
mandatory prison term of sixty
consecutive days in
accordance
with division (G)(2) of that
section if the offender is not convicted of and does not plead
guilty to a specification of that type. If the
court
imposes a
mandatory term of local incarceration, it may impose a
jail
term
in addition to the sixty-day mandatory term, the
cumulative total
of the mandatory
term and the jail term for the
offense
shall not
exceed one year, and, except as provided in division (A)(1) of
section 2929.13 of the Revised Code, no prison term is
authorized
for the
offense. If the court imposes a mandatory
prison term,
notwithstanding
division (A)(4) of section 2929.14 of
the Revised
Code, it also may sentence the offender to a definite
prison term
that shall be not less than six months and not more
than thirty
months and the
prison terms shall be imposed as described
in
division (G)(2) of
section 2929.13 of the Revised Code. If the
court imposes a mandatory prison term or mandatory prison term and
additional prison term, in addition to the term or terms so
imposed, the court also may sentence the offender to a community
control sanction for the offense, but the offender shall serve all
of the prison terms so imposed prior to serving the community
control sanction.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory prison term of one, two, three, four, or five
years as required by and in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender also is
convicted of or also pleads guilty to a specification of the type
described in section 2941.1413 of the Revised Code or, in the
discretion of the
court, either a mandatory term of local
incarceration of one
hundred twenty consecutive days in accordance
with division (G)(1)
of section 2929.13 of the Revised Code or a
mandatory prison
term of one hundred twenty consecutive days in
accordance with division
(G)(2) of that section if the offender is
not convicted of and does not plead guilty to a specification of
that type. If the court
imposes a mandatory
term of local
incarceration, it may impose a
jail term in addition to the one
hundred twenty-day mandatory
term, the cumulative total of the
mandatory term
and the jail term
for
the offense shall not exceed
one year, and, except as provided in division (A)(1) of section
2929.13 of the Revised Code, no prison term is
authorized for the
offense. If the court imposes a mandatory
prison term,
notwithstanding division (A)(4) of section 2929.14 of
the Revised
Code,
it also may sentence the offender to a definite
prison term
that shall be not
less than six months and not more
than thirty
months and the prison terms shall
be imposed as described
in
division (G)(2) of section 2929.13 of the Revised Code. If the
court imposes a mandatory prison term or mandatory prison term and
additional prison term, in addition to the term or terms so
imposed, the court also may sentence the offender to a community
control sanction for the offense, but the offender shall serve all
of the prison terms so imposed prior to serving the community
control sanction.
(iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than one thousand three
hundred
fifty
nor more than
ten thousand
five hundred 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, the court shall order the
offender to
participate in an alcohol and drug
addiction
program
authorized by
section 3793.02 of the Revised
Code, subject to
division (I) of
this section, and shall order the offender to
follow the
treatment recommendations of the program. The operator
of the
program shall determine and assess the degree of the
offender's
alcohol dependency and shall make recommendations for
treatment.
Upon the request of the court, the program shall submit
the
results of the assessment to the court, including all
treatment
recommendations and clinical diagnoses related to
alcohol use.
(vii)
In all cases, if the court sentences the offender to a
mandatory term of local incarceration, in addition to the
mandatory term, the
court, pursuant to section 2929.17 of the
Revised Code,
may impose a term
of house
arrest with electronic
monitoring. The term shall not
commence until after the
offender
has
served the mandatory term of local incarceration.
(e)
An offender who previously has been convicted of or
pleaded
guilty to a violation of
division (A) of this section that
was a felony, regardless
of when the violation and the conviction
or guilty plea occurred, is guilty of
a felony of the third
degree. The court shall sentence the offender to all of
the
following:
(i)
If the offender is being sentenced for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory prison term of one, two, three, four, or five years as
required by and in accordance with division (G)(2) of section
2929.13 of the Revised Code if the offender also is convicted of
or also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or a
mandatory
prison term
of sixty consecutive days in
accordance with
division (G)(2) of
section 2929.13 of the Revised Code if the offender is not
convicted of and does not plead guilty to a specification of that
type. The court
may impose a prison term in
addition to the
mandatory
prison term. The cumulative
total of
a sixty-day
mandatory prison term
and the additional prison term for the
offense shall
not exceed
five years. In addition to the mandatory
prison term or mandatory prison term and additional prison term
the court imposes, the court also may sentence the offender to a
community
control sanction for the
offense, but the offender
shall serve all of the prison terms so imposed prior to serving
the community control sanction.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory prison term of one, two, three, four, or five
years as required by and in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender also is
convicted of or also pleads guilty to a specification of the type
described in section 2941.1413 of the Revised Code or a mandatory
prison term of
one
hundred twenty consecutive days in accordance
with division (G)(2)
of section 2929.13 of the Revised Code if the
offender is not convicted of and does not plead guilty to a
specification of that type. The
court may
impose a prison term in
addition to the mandatory
prison term. The cumulative total of a
one hundred twenty-day
mandatory prison term and
the additional
prison term for the
offense shall not exceed five
years. In
addition to the mandatory prison term or mandatory prison term and
additional prison term the court imposes, the court also may
sentence the offender to a community
control sanction for the
offense, but the offender shall serve all of the prison terms so
imposed prior to serving the community control sanction.
(iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than one thousand three
hundred
fifty
nor more than
ten thousand
five hundred 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, the court shall order the
offender to
participate in an alcohol and drug
addiction
program
authorized
by section 3793.02 of the Revised
Code,
subject to
division (I)
of this section, and shall order the offender to
follow the
treatment recommendations of the program. The operator
of the
program shall determine and assess the degree of the
offender's
alcohol dependency and shall make recommendations for
treatment.
Upon the request of the court, the program shall submit
the
results of the assessment to the court, including all
treatment
recommendations and clinical diagnoses related to
alcohol use.
(2) An offender who is convicted of or pleads guilty to a
violation of division (A) of this section and who subsequently
seeks reinstatement of the driver's or occupational driver's
license or permit
or nonresident operating privilege
suspended
under this section as a result of the conviction or
guilty plea
shall pay a reinstatement fee as provided in division
(F)(2) of
section 4511.191 of the Revised Code.
(3) If an offender is sentenced to a jail term under
division
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and
if,
within sixty days of
sentencing of the offender,
the court
issues a written finding on the record
that, due to the
unavailability of space at the
jail where the offender is required
to serve the term, the offender will not
be able to begin serving
that term within the
sixty-day period following the date of
sentencing, the court may
impose an alternative sentence under
this division that includes a
term of house arrest with electronic
monitoring, with continuous alcohol monitoring, or with both
electronic monitoring and continuous alcohol monitoring.
As an alternative to a mandatory jail term of ten consecutive
days
required by division (G)(1)(b)(i) of this
section, the court,
under this division, may sentence the
offender to five consecutive
days in jail and not less than eighteen consecutive days of house
arrest with electronic monitoring, with continuous alcohol
monitoring, or with both electronic monitoring and continuous
alcohol monitoring. The cumulative total of
the five consecutive
days in
jail and the period of house arrest with electronic
monitoring, continuous alcohol monitoring, or both types of
monitoring shall
not exceed six months. The five
consecutive days
in jail do not
have to be served prior to or
consecutively to the
period of house
arrest.
As an alternative to the mandatory jail term of twenty
consecutive
days required by division (G)(1)(b)(ii)
of
this
section, the
court, under this division, may sentence the offender
to ten consecutive days
in jail and not less than thirty-six
consecutive days of
house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The
cumulative total of the ten
consecutive days in
jail and the
period of house arrest with
electronic monitoring, continuous alcohol monitoring, or both
types of monitoring shall
not exceed
six months. The ten
consecutive days in jail do not
have to be
served prior to or
consecutively to the period of house
arrest.
As an alternative to a mandatory jail term of thirty
consecutive
days required by division (G)(1)(c)(i) of
this
section, the court,
under this division, may sentence the offender
to fifteen consecutive days in
jail and not less than fifty-five
consecutive days of house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The
cumulative total of the
fifteen
consecutive days in jail and the
period of house arrest
with electronic monitoring, continuous alcohol monitoring, or both
types of monitoring shall not exceed
one year. The fifteen
consecutive days in jail
do not have to be
served prior to or
consecutively to the period of house arrest.
As an alternative to the mandatory jail term of sixty
consecutive
days required by division (G)(1)(c)(ii)
of
this
section, the
court, under this division, may sentence the offender
to thirty
consecutive days in jail and not less than one hundred
ten
consecutive days of house arrest with electronic monitoring,
with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring.
The
cumulative total
of the thirty consecutive days in jail and
the
period of house
arrest with electronic monitoring, continuous alcohol monitoring,
or both types of monitoring shall not
exceed
one year. The thirty
consecutive days in jail do not have
to be
served prior to or
consecutively to the period of house
arrest.
(4) If an offender's driver's or occupational driver's
license or
permit or nonresident operating privilege is suspended
under division
(G) of this
section and if section 4510.13 of the
Revised Code permits the
court to grant limited driving
privileges, the court may
grant the limited driving privileges
in
accordance with that section. If division (A)(7) of that section
requires that the court impose as a condition of the
privileges
that the
offender must display on the vehicle that is
driven
subject to the privileges
restricted license plates that
are
issued under section 4503.231 of the Revised Code, except
as
provided in division (B) of that section, the court shall impose
that condition as one of the conditions of the limited driving
privileges granted to the offender, except as provided in division
(B) of section 4503.231 of the Revised Code.
(5) Fines imposed under this section for a violation of
division
(A) of this section shall be distributed as follows:
(a)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to an enforcement
and
education fund established by the legislative authority of the law
enforcement
agency in this state that primarily was responsible
for the arrest of the
offender, as determined by the court that
imposes the fine. The agency shall
use this share to pay only
those costs it incurs in
enforcing this section or a municipal OVI
ordinance
and in informing the public of the laws governing the
operation of
a vehicle while under the influence of alcohol, the
dangers of
the operation of a vehicle under the influence of
alcohol, and other
information relating to the operation of a
vehicle under the influence of
alcohol and the consumption of
alcoholic beverages.
(b)
Fifty dollars of the fine imposed under division
(G)(1)(a)(iii)
of
this section shall be paid to the political
subdivision that pays the cost of
housing the offender during the
offender's term of incarceration. If the
offender is being
sentenced for a violation of division (A)(1)(a), (b), (c), (d),
(e), or (j) of this section and was confined as a result of the
offense
prior to being
sentenced for the offense but is not
sentenced to a
term of incarceration, the
fifty dollars shall
be
paid to the
political subdivision that paid the cost of housing
the offender
during that period of confinement. The political
subdivision
shall use the share under this division to pay or
reimburse
incarceration or treatment costs it incurs in housing or
providing
drug and alcohol treatment to persons who violate this
section or
a municipal OVI ordinance, costs of any immobilizing or
disabling
device used on the offender's vehicle, and costs of
electronic
house
arrest equipment
needed for persons who violate
this
section.
(c)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii)
and fifty
dollars of the fine imposed under
division
(G)(1)(b)(iii)
of this
section shall be deposited into
the county or municipal indigent drivers'
alcohol treatment fund
under the control of that
court, as created by the county or
municipal corporation under division
(F) 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) Fifty dollars of the fine imposed under divisions
(G)(1)(a)(iii),
(G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii),
and (G)(1)(e)(iii)
of this section shall be deposited into the
special projects fund
of the court in which the offender was
convicted and that is
established under division (E)(1) of
section 2303.201 or, division
(B)(1) of section 1901.26, or
division (B)(1) of section 1907.24 of the
Revised Code, to be
used
exclusively to cover the cost of
immobilizing or disabling
devices, including certified ignition
interlock devices, and
remote alcohol monitoring devices for
indigent offenders who are
required by a judge to use either of
these devices. If the county
or municipal corporation court in which
the offender was
convicted does
not have a special projects fund
that is
established under
division (E)(1) of section 2303.201 or,
division (B)(1) of section
1901.26, or division (B)(1) of section
1907.24 of the Revised Code, the fifty
dollars shall be deposited
into the indigent drivers
interlock
and alcohol monitoring fund
under division (I) of
section
4511.191 of the Revised Code.
(f)
Seventy-five dollars of the fine imposed under
division
(G)(1)(a)(iii), one hundred twenty-five dollars of the
fine
imposed under division (G)(1)(b)(iii), two hundred fifty
dollars
of the fine imposed under division (G)(1)(c)(iii), and
five
hundred dollars of the fine imposed under division
(G)(1)(d)(iii)
or (e)(iii) of this section shall be transmitted
to the treasurer
of state for deposit into the indigent defense
support fund
established under section 120.08 of the Revised
Code.
(g) The balance of the fine imposed under division
(G)(1)(a)(iii),
(b)(iii), (c)(iii),
(d)(iii),
or (e)(iii) of this
section
shall be
disbursed as otherwise provided by law.
(6) If title to a motor vehicle that is subject to an order
of criminal forfeiture under division (G)(1)(c), (d), or (e) of
this section is assigned or transferred and division (B)(2) or (3)
of section 4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the vehicle as determined by
publications of the national auto dealers association. The
proceeds of any fine so imposed shall be distributed in accordance
with division (C)(2) of that section.
(7) As used in division (G) of this section, "electronic
monitoring," "mandatory prison term," and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of the
Revised Code.
(H) Whoever violates division (B) of this section is
guilty
of
operating a vehicle after underage alcohol consumption and
shall be
punished as follows:
(1) Except as otherwise provided in division (H)(2) of this
section, the offender is guilty of a misdemeanor of the fourth
degree. In
addition to any other sanction imposed for the
offense,
the court shall impose a class six suspension of the
offender's
driver's license, commercial driver's license,
temporary
instruction permit,
probationary license, or nonresident
operating
privilege from the range
specified in division (A)(6) of
section
4510.02 of the Revised Code.
(2) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to one or more
violations of
division (A) or (B) of this section or other
equivalent
offenses, the
offender is guilty of a
misdemeanor of
the third degree. In addition to any
other
sanction imposed
for
the offense, the court shall impose a class
four suspension of the
offender's driver's license, commercial
driver's license,
temporary
instruction permit, probationary
license, or nonresident
operating privilege
from the range
specified in division (A)(4) of
section 4510.02 of the Revised
Code.
(3) If the offender also is convicted of or also pleads
guilty to a specification of the type described in section
2941.1416 of the Revised Code and if the court imposes a jail term
for the violation of division (B) of this section, the court shall
impose upon the offender an additional definite jail term pursuant
to division (E) of section 2929.24 of the Revised Code.
(I)(1)
No court shall sentence an offender to an alcohol
treatment program under this section unless the treatment program
complies
with the minimum standards for alcohol treatment programs
adopted
under Chapter 3793. of the Revised Code by the director of
alcohol
and drug addiction services.
(2) An offender who stays in a drivers' intervention program
or in an
alcohol treatment program under
an order issued under
this section shall pay the cost of the stay in the
program.
However, if the court determines that an offender who stays in an
alcohol treatment program under an order issued under this section
is unable
to
pay the cost of the stay in the program, the court
may order that the cost be
paid from the court's
indigent drivers'
alcohol treatment fund.
(J)
If a person whose driver's or commercial driver's
license
or
permit or nonresident operating privilege is suspended
under
this section
files an appeal regarding any aspect of the
person's
trial or sentence, the
appeal itself does not stay the
operation
of the suspension.
(K)
Division (A)(1)(j) of this section does not apply to a
person who operates a vehicle, streetcar, or trackless trolley
while the person has a concentration of a listed controlled
substance or a listed metabolite of a controlled substance in the
person's whole blood, blood serum or plasma, or urine that equals
or exceeds the amount specified in that division, if both of the
following apply:
(1) The person obtained the controlled substance pursuant to
a prescription issued by a licensed health professional authorized
to prescribe drugs.
(2) The person injected, ingested, or inhaled the controlled
substance in accordance with the health professional's directions.
(L) The prohibited concentrations of a controlled substance
or a metabolite of a controlled substance listed in division
(A)(1)(j) of this section also apply in a prosecution of a
violation of division (D) of section 2923.16 of the Revised Code
in the same manner as if the offender is being prosecuted for a
prohibited concentration of alcohol.
(M) All terms defined in section 4510.01 of the Revised
Code
apply to this section. If the meaning of a term defined in
section
4510.01 of the Revised Code conflicts with the meaning of
the same
term as defined in section 4501.01 or 4511.01 of the
Revised Code,
the term as
defined in section 4510.01 of the
Revised Code applies
to this section.
(N)(1)
The Ohio Traffic Rules in effect
on
January 1, 2004,
as adopted by the supreme court
under authority
of
section 2937.46
of the Revised Code, do not
apply to felony
violations of this
section. Subject to division
(N)(2) of this
section, the Rules of
Criminal Procedure apply to
felony
violations of this section.
(2) If, on or after
January 1, 2004,
the supreme court
modifies the Ohio Traffic
Rules
to provide
procedures to govern
felony violations of this
section,
the
modified rules shall apply
to felony violations
of this
section.
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.
(5)(a) If a law enforcement officer arrests 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 and
if the person if convicted would be required to be sentenced under
division (G)(1)(c), (d),
or (e) of section
4511.19 of the
Revised
Code, the law
enforcement officer shall request the
person to
submit, and the
person shall submit, to a chemical
test or tests
of the person's
whole blood, blood serum or
plasma, breath, or
urine for the
purpose of determining 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. A law
enforcement officer who makes a
request
pursuant to this
division that a person submit to a
chemical test
or tests is not
required to advise the person of the consequences of submitting
to, or refusing to submit to, the test or tests and is not
required to give the person the form described in division (B) of
section 4511.192 of the Revised Code, but the officer shall
advise the person at the time of
the arrest that if the person
refuses to take a chemical test the
officer may employ whatever
reasonable means are necessary to
ensure that the person submits
to a chemical test of the person's
whole blood or blood serum or
plasma. The officer shall also
advise the person at the time of
the arrest that the person may
have an independent chemical test
taken at the person's own
expense. Divisions (A)(3) and (4) of
this section apply to the
administration of a chemical test or
tests pursuant to this
division.
(b) If a person refuses to submit to a chemical test upon a
request made pursuant to division (A)(5)(a) of this section, the
law enforcement officer who made the request may employ whatever
reasonable means are necessary to ensure that the person submits
to a chemical test of the person's whole blood or blood serum or
plasma. A law enforcement officer who acts pursuant to this
division to ensure that a person submits to a chemical test of the
person's whole blood or blood serum or plasma is immune from
criminal and civil liability based upon a claim for assault and
battery or any other claim for the acts, unless the officer so
acted with malicious purpose, in bad faith, or in a wanton or
reckless manner.
(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 or had been convicted of or pleaded guilty to one violation
of division (A) or (B) of section 4511.19 of the Revised Code or
one other equivalent offense, the
suspension
shall be
a class B
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,
had been convicted of or pleaded guilty to two violations of
division (A) or (B) of section 4511.19 of the Revised Code or
other equivalent offenses, or had refused one previous request to
consent to a chemical test and also had been convicted of or
pleaded guilty to one violation of division (A) or (B) of section
4511.19 of the Revised Code or other equivalent offenses, which
violation or offense arose from an incident other than the
incident that led to the refusal, 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, had been convicted of or pleaded guilty to three or
more violations of division (A) or (B) of section 4511.19 of the
Revised Code or other equivalent offenses, or had refused a number
of previous requests to consent to a chemical test and also had
been convicted of or pleaded guilty to a number of violations of
division (A) or (B) of section 4511.19 of the Revised Code or
other equivalent offenses that cumulatively total three or more
such refusals, convictions, and guilty pleas, 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 (C)(1)(a) to
(d) 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
seventy-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 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.
(h) Fifty dollars shall be credited to the indigent drivers
interlock and alcohol monitoring fund, which is hereby established
in the state treasury. Monies in the fund shall be distributed by
the department of public safety to the county indigent drivers
interlock and alcohol monitoring funds, the county juvenile
indigent drivers interlock and alcohol monitoring funds, and the
municipal indigent drivers interlock and alcohol monitoring 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 immobilizing or disabling device, including a
certified ignition interlock device, or an alcohol monitoring
device used by an offender or juvenile offender who is ordered to
use the device 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 use of the
device.
(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. The portions of
the fees paid under division (F) of this section that are to be so
deposited shall be determined 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 of
the section or provision.
(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) Regarding a suspension 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) Regarding a suspension 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 an
assessment or 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
the assessment or 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 obtain an assessment or 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, upon exhaustion of moneys in the indigent
drivers interlock and alcohol monitoring fund for the use of an
alcohol monitoring device, 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 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 alcohol monitoring
devices to be used in conjunction
with division (H)(3) of this
section, upon exhaustion of moneys in
the indigent drivers
interlock and alcohol monitoring fund for the
use of an alcohol
monitoring device.
(5) For the purpose of determining as described in division
(F)(2)(c) of this section whether an offender does not have the
means to pay for the offender's attendance at an alcohol and drug
addiction treatment program or whether an alleged offender or
delinquent child is unable to pay the costs specified in division
(H)(4) of this section, the court shall use the indigent client
eligibility guidelines and the standards of indigency established
by the state public defender to make the determination.
(6) The court shall identify and refer any alcohol and drug
addiction program that is not certified under section 3793.06 of
the Revised Code and that is interested in receiving amounts from
the surplus in the fund declared under division (H)(4) of this
section to the department of alcohol and drug addiction services
in order for the program to become a certified alcohol and drug
treatment addiction program. The department shall keep a record of
applicant
referrals received pursuant to this division and shall
submit a
report on the referrals each year to the general
assembly. If a
program interested in becoming certified makes an
application to
become certified pursuant to section 3793.06 of
the Revised Code,
the program is eligible to receive surplus
funds as long as the
application is pending with the department.
The department of
alcohol and drug addiction services must offer
technical
assistance to the applicant. If the interested program
withdraws
the certification application, the department must
notify the
court, and the court shall not provide the interested
program with
any further surplus funds.
(I)(1) Each county shall establish an indigent drivers
interlock and alcohol monitoring fund and a juvenile indigent
drivers interlock and alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish an
indigent drivers interlock and alcohol monitoring fund. All
revenue that the general assembly appropriates to the indigent
drivers interlock and alcohol monitoring fund for transfer to a
county indigent drivers interlock and alcohol monitoring fund, a
county juvenile indigent drivers interlock and alcohol monitoring
fund, or a municipal indigent drivers interlock and alcohol
monitoring fund, all portions of license reinstatement fees that
are paid under division (F)(2) of this section and that are
credited under that division to the indigent drivers interlock and
alcohol monitoring fund in the state treasury, and all portions of
fines that are paid under division (G) of section 4511.19 of the
Revised Code and that are credited by division (G)(5)(e) of that
section to the indigent drivers interlock and alcohol monitoring
fund in the state treasury shall be deposited in the appropriate
fund in accordance with division (I)(2) of this section.
(2) That portion of the license reinstatement fee that is
paid under division (F) of this section and that portion of the
fine paid under division (G) of section 4511.19 of the Revised
Code and that is credited under either division to the indigent
drivers interlock and alcohol monitoring fund shall be deposited
into a county indigent drivers interlock and alcohol monitoring
fund, a county juvenile indigent drivers interlock and alcohol
monitoring fund, or a municipal indigent drivers interlock and
alcohol monitoring fund as follows:
(a) If the fee or fine is paid by a person who was charged in
a county court with the violation that resulted in the suspension
or fine, the portion shall be deposited into the county indigent
drivers interlock and alcohol monitoring fund under the control of
that court.
(b) If the fee or fine is paid by a person who was charged in
a juvenile court with the violation that resulted in the
suspension or fine, the portion shall be deposited into the county
juvenile indigent drivers interlock and alcohol monitoring fund
established in the county served by the court.
(c) If the fee or fine 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 interlock and alcohol monitoring fund under the
control of that court.
Sec. 4511.192. (A)
The Except as provided in division (A)(5)
of section 4511.191 of the Revised Code, 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 Except as provided in division (A)(5) of section
4511.191 of the Revised Code, 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, 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 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
or division (A)(5) of section 4511.191 of the Revised Code 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)(5) of section 4511.191 of the
Revised Code to submit to a chemical test or tests under that
section 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, or 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,
the officer
advises the person in accordance with this section
of the
consequences of the person's refusal or submission,
and
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) Unless division (D)(1)(d)(v) of this section
applies,
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) Unless division (D)(1)(d)(v) of this section
applies,
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;
(v) If the person was under arrest as described in division
(A)(5) of section 4511.191 of the Revised Code and the chemical
test or tests were performed in accordance with that division,
that the person was under arrest as described in that division,
that the chemical test or tests were performed in accordance with
that division, and that test results indicated 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. 4511.197. (A) 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
and if the person's driver's or
commercial
driver's
license or permit or nonresident
operating
privilege is
suspended
under section sections 4511.191 and 4511.192 of the Revised Code,
the person
may
appeal
the suspension at the person's initial
appearance on
the charge
resulting from the arrest or
within the
period ending
thirty days
after the person's initial
appearance
on
that charge,
in the court
in which the person
will appear on
that
charge. If
the person
appeals the suspension,
the appeal
itself
does not stay
the
operation of the suspension. If the
person
appeals the
suspension,
either the person or the registrar
of
motor
vehicles
may request a
continuance of the appeal, and the
court may grant
the
continuance. The court
also may continue the
appeal on its
own
motion. Neither the request for, nor
the
granting of, a
continuance stays the suspension that is the
subject of the
appeal, unless the court specifically grants a
stay.
(B) A person shall file an appeal under division (A) of
this
section
in the municipal court, county court, juvenile court,
mayor's court, or
court of common pleas that has jurisdiction over
the charge
in relation to which the person was arrested.
(C) If a person appeals a suspension under division (A)
of
this
section, the scope of the appeal is limited to determining
whether one or
more of the following conditions have not been met:
(1) Whether the arresting law enforcement officer had
reasonable
ground to believe 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 was 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 and
whether
the arrested person was in
fact
placed
under arrest;
(2) Whether the law enforcement officer requested the
arrested
person to submit to the chemical test or tests designated
pursuant to
division (A) of section 4511.191 of the Revised Code;
(3) Whether If the person was under arrest as described in
division (A)(5) of section 4511.191 of the Revised Code, whether
the arresting officer advised the person at the time of the arrest
that if the person refused to take a chemical test, the officer
could employ whatever reasonable means were necessary to ensure
that the person submitted to a chemical test of the person's whole
blood or blood serum or plasma; or if the person was under arrest
other than as described in division (A)(5) of section 4511.191 of
the Revised Code, whether the arresting officer informed the
arrested
person of
the consequences of refusing to be tested or of
submitting to the test or
tests;
(4) Whichever of the following is applicable:
(a) Whether If the suspension was imposed under division (B)
of section 4511.191 and section 4511.192 of the Revised Code,
whether the arrested person refused to submit to the
chemical
test
or tests requested by the officer;
(b) Whether If the suspension was imposed under division (C)
of section 4511.191 and section 4511.192 of the Revised Code,
whether the arrest was for a violation of division
(A)
or
(B) of
section 4511.19 of the Revised Code or a municipal
OVI
ordinance
and, if it was, whether the chemical test results
indicate that at
the time of the alleged offense the
arrested
person's whole blood
contained a
concentration of
eight-hundredths of one per
cent or
more by
weight
of
alcohol, the person's blood
serum or plasma
contained a
concentration
of ninety-six-thousandths of
one per
cent or more by
weight of
alcohol, the person's breath
contained a
concentration
of
eight-hundredths of one gram or more by
weight
of alcohol per
two
hundred ten liters of
the person's
breath, or
the person's
urine
contained a
at least the concentration of
eleven-hundredths of one gram
or
more by weight
of alcohol per
one hundred milliliters of the
person's urine at
the time of the
alleged offense 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.
(D) A person who appeals a suspension under division (A)
of
this
section has the burden of proving, by a preponderance of the
evidence,
that one or more of the conditions specified in division
(C) of this section has not been met. If, during the
appeal, the
judge or magistrate of the court or the mayor of the mayor's court
determines
that all of those conditions have been met, the judge,
magistrate, or mayor
shall uphold the
suspension, continue the
suspension, and notify the registrar of
motor vehicles of the
decision on a form approved by the
registrar.
Except as otherwise provided in this section, if a suspension
imposed under section 4511.191 of the Revised Code is
upheld on
appeal or if the subject person does not appeal the suspension
under division (A) of this section, the suspension shall
continue
until the complaint alleging the violation for which the person
was
arrested and in
relation to which the suspension was imposed
is adjudicated on the merits
or terminated pursuant to law. If
the
suspension was
imposed under division (B)(1) of section
4511.191
of the Revised Code and it is
continued under this
section, 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 section 4511.191 of
the
Revised Code does
not
terminate or otherwise affect the
suspension. If the suspension was
imposed under division (C) of
section 4511.191 of the Revised Code in relation to an
alleged
misdemeanor violation of division (A) or (B) of
section 4511.19 of
the Revised Code or of a municipal OVI ordinance and it is
continued
under this
section, the suspension shall terminate if,
for any reason,
the person subsequently is found not guilty of the
charge that resulted
in the person taking the chemical test or
tests.
If, during the appeal, the judge or magistrate of the trial
court
or the mayor of the mayor's court determines that one or
more of the
conditions specified in division (C) of this section
have not been
met, the judge, magistrate, or mayor shall terminate
the suspension, subject
to the imposition of a new suspension
under
division (B) of section 4511.196 of the Revised
Code; shall
notify
the registrar of motor vehicles of the decision on a form
approved by the
registrar; and, except as provided in division (B)
of
section 4511.196 of the Revised Code, shall order the
registrar
to
return the driver's or commercial driver's license or permit to
the person or
to take any other measures that may be necessary, if
the
license or permit was destroyed under section 4510.53 of the
Revised Code, to permit the
person to obtain a replacement
driver's or commercial driver's license or
permit from the
registrar
or a deputy registrar in accordance with that section.
The court
also shall issue to the person a court order, valid for
not more than ten days
from the date of issuance, granting the
person operating privileges for that
period.
(E) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to
section 4511.191 of the Revised Code may file a
petition
requesting limited driving privileges in the common pleas
court,
municipal court, county court, mayor's court, or juvenile
court with jurisdiction over the related criminal or delinquency
case.
The petition may be filed at any time subsequent to the
date
on which
the arresting law enforcement officer serves the
notice
of suspension
upon the arrested person but no later than
thirty
days after the
arrested person's initial appearance or
arraignment. Upon the
making of the request, limited driving
privileges may be granted
under sections 4510.021 and 4510.13 of
the Revised Code, regardless of whether
the person appeals the
suspension under this section or appeals the
decision of the court
on the appeal, and, if the person has
so appealed the suspension
or decision, regardless of whether the matter
has been heard or
decided by the court. The person shall pay the costs
of the
proceeding, notify the registrar of the filing of the
petition,
and send the registrar a copy of the petition.
The court may not grant the person limited driving privileges
when
prohibited by section 4510.13 or 4511.191 of the Revised
Code.
(F) Any person whose driver's or commercial driver's license
or
permit has been suspended under section 4511.19 of the Revised
Code or under section 4510.07 of the Revised Code for a conviction
of a municipal
OVI offense and who desires to retain the license
or permit during
the pendency of an appeal, at the time sentence
is pronounced, shall notify
the court of record
or mayor's court
that suspended the license or permit of the person's
intention to
appeal. If the person so notifies the court, the
court, mayor, or
clerk of the court shall retain the license or permit until
the
appeal is perfected, and, if execution of sentence is stayed,
the
license or permit shall be returned to the person to be held by
the
person during the pendency of the appeal. If the appeal is
not
perfected or is dismissed or terminated in an affirmance of
the
conviction,
then the license or permit shall be taken up by
the
court, mayor, or clerk, at
the time
of putting the sentence
into
execution, and the court shall
proceed in the same manner as
if no
appeal was taken.
(G) Except as otherwise provided in this division, if a
person
whose driver's or commercial driver's license or permit or
nonresident
operating privilege was suspended under section
4511.191
of the Revised Code appeals the suspension under division
(A) of
this section, the prosecuting attorney of the county in
which the
arrest occurred shall represent the registrar of motor
vehicles in the appeal.
If the arrest occurred within a municipal
corporation within the
jurisdiction of the court in which the
appeal is conducted, the
city director of law, village solicitor,
or other chief legal
officer of that municipal corporation shall
represent the
registrar. If the appeal is conducted in a
municipal
court, the
registrar shall be represented as provided in
section
1901.34 of
the Revised Code. If the appeal is conducted
in a
mayor's
court,
the city director of law, village solicitor,
or
other chief legal
officer of the municipal corporation that
operates that
mayor's court shall represent the registrar.
(H) The court shall give information in writing of any
action
taken under this section to the registrar of motor
vehicles.
(I) When it finally has been determined under the procedures
of
this section that a nonresident's privilege to operate a
vehicle within this
state has been suspended, the registrar of
motor vehicles shall
give information in writing of the action
taken to the motor
vehicle administrator of the state of the
nonresident's residence
and of any state in which the nonresident
has a license.
Sec. 4729.041. The executive director of the state board of
pharmacy, as soon as possible after the necessary and appropriate
scientific evidence is available and with the board's approval,
shall adopt rules that do the following:
(A) Specify the amount of salvia divinorum and the amount of
salvinorin A that constitute concentrations of salvia divinorum
and salvinorin A in a person's urine, in a person's whole blood,
or in a person's blood serum or plasma at or above which the
person is impaired for purposes of operating or being in physical
control of any vessel underway or manipulating any water skis,
aquaplane, or similar device on the waters of this state;
(B) Specify the amount of salvia divinorum and the amount of
salvinorin A that constitute concentrations of salvia divinorum
and salvinorin A in a person's urine, in a person's whole blood,
or in a person's blood serum or plasma at or above which the
person is impaired for purposes of operating any vehicle,
streetcar, or trackless trolley within this state.
Sec. 5111.0119. (A)(1) As used in this section, subject to
division (A)(2) of this section, "state or
local correctional
facility" means any of the following:
(a) A "state correctional institution," as defined in section
2967.01 of the Revised Code;
(b) A "local correctional facility," as defined in section
2903.13 of the Revised Code;
(c) A correctional facility that is privately operated and
managed pursuant to section 9.06 of the Revised Code.
(2) "State or local correctional facility" does not include
any facility operated directly by or at the direction of the
department of youth services.
(B) If a person who is confined in a state or local
correctional facility was a medicaid recipient immediately prior
to being confined in the facility, all of the following apply:
(1) The person's eligibility for medicaid while so confined
shall be suspended due to the confinement.
(2) No
medicaid payment shall be made for any care,
services, or supplies
provided to the person during the
suspension described in division
(B)(1) of this section.
(3) The suspension described in division (B)(1) of this
section shall end upon the release of the person from the
confinement.
(4) Except as provided in division (C) of this section, the
person shall not be required to reapply or undergo a
redetermination of eligibility for
medicaid when the suspension
described in division (B)(1) of this
section ends.
(C) A person may be disenrolled from medicaid any time after
the suspension described in division (B)(1) of this section ends
if the person is no longer eligible for medicaid. A person may be
required to undergo a redetermination of eligibility for medicaid
any time after the suspension described in division (B)(1) of this
section ends if it is time or past time for the person's
eligibility redetermination or the person's circumstances have
changed in a manner warranting a redetermination.
(D) The department of job and family services shall take the
steps necessary to begin
implementation of this section not later
than September 1, 2009.
Section 2. That existing sections 341.12, 341.13, 341.14,
341.15, 1547.11, 1547.111, 2725.27, 2903.06, 2949.094, 3719.41,
4503.235, 4506.03, 4510.13,
4511.19, 4511.191, 4511.192, and
4511.197 and section 2725.25 of the Revised Code
are hereby
repealed.
Section 3. Section 4511.191 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Am. Sub. H.B. 562 and Am. Sub. S.B. 17 of
the 127th 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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