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S. B. No. 56 As Introduced
As Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Senator Coughlin
A BILL
To amend sections 2929.14, 2929.24, 2950.99, and 4511.203 and to enact sections 2941.1421, 2950.15, and 4503.237 of the Revised Code to create a SORN Law license plate; to provide mandatory prison terms and jail terms for persons convicted of a sexually oriented or child-victim oriented offense who are subject to a SORN Law license plate order and use a motor vehicle without such license plates in committing the offense, to arrive at the location where it was committed, or to flee immediately after committing it; and to expand the offense of "wrongful entrustment of a motor vehicle" to apply to a person who in specified circumstances permits a person subject to a SORN Law license plate order to drive the offender's motor vehicle without such license plates.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2929.14, 2929.24, 2950.99, and 4511.203 be amended and sections 2941.1421, 2950.15, and 4503.237 of the Revised Code be enacted to read as follows:
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), or (G) of this
section and except
in relation to an offense for which a sentence
of death or life
imprisonment is to be imposed, if the court
imposing a sentence
upon an offender for a felony elects or is
required to impose a
prison term on the offender pursuant to this
chapter, the court shall
impose a definite prison term that shall
be one of the following: (1) For a felony of the first degree, the prison term
shall
be three, four, five, six, seven, eight, nine, or ten
years. (2) For a felony of the second degree, the prison term
shall
be two, three, four, five, six, seven, or eight years. (3) For a felony of the third degree, the prison term
shall
be one, two, three, four, or five years. (4) For a felony of the fourth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months. (5) For a felony of the fifth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven,
or twelve months. (B) Except as provided in division (C),
(D)(1), (D)(2),
(D)(3), (D)(5), (D)(6), (D)(7), or (G) of this section, in section 2907.02 or 2907.05
of the Revised
Code, or in Chapter
2925. of the Revised Code, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless
one or more
of
the following applies: (1) The offender was serving a prison term at the time of
the offense, or the offender previously had served a prison term. (2) The
court finds on the record that the shortest prison
term will
demean the seriousness of the offender's conduct or will
not
adequately protect the public from future crime by the
offender
or others. (C) Except as provided in division (G) of this section or in
Chapter 2925. of
the Revised Code, the court imposing a sentence
upon an
offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of
this
section only upon offenders who committed the worst forms of
the
offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat
violent
offenders in accordance with division (D)(2) of
this section. (D)(1)(a) Except as provided in division
(D)(1)(e) of this
section, if
an offender who is convicted of or pleads guilty to a
felony also
is convicted of or pleads guilty to a specification of
the type
described in section 2941.141, 2941.144, or
2941.145 of
the
Revised Code, the court shall impose on the offender one of
the
following prison terms: (i) A prison term of six years if the specification is of
the
type described in section 2941.144 of the Revised Code
that
charges the offender with having a firearm that is an automatic
firearm
or that was equipped with a firearm muffler or silencer on
or about the
offender's person or
under the offender's control
while committing the felony; (ii) A prison term of three years if the specification
is of
the type described in section 2941.145 of the Revised
Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense
and displaying
the firearm, brandishing
the firearm,
indicating that the offender possessed the firearm, or
using it to
facilitate the offense; (iii) A prison term of one year if the specification
is of
the type described in section 2941.141 of the Revised
Code
that
charges the offender with having a firearm on or about the
offender's
person or under the offender's control while committing
the felony. (b) If a
court imposes a prison term on
an
offender under
division (D)(1)(a) of this section, the prison
term shall not be
reduced pursuant to section 2929.20, section 2967.193,
or
any
other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. A court shall not
impose more than one prison term on an
offender under
division (D)(1)(a) of this section for felonies
committed as part of
the same act or transaction. (c) Except as provided in division
(D)(1)(e)
of this
section, if an offender who is convicted of or pleads
guilty to a
violation of section 2923.161 of the
Revised
Code or to a felony
that includes,
as an essential element, purposely or knowingly
causing or
attempting to cause the death of or physical harm to
another,
also is convicted of or pleads guilty to a specification
of the
type described in section 2941.146 of the
Revised
Code that
charges the offender
with committing the offense by discharging a
firearm from a
motor vehicle other than a manufactured
home, the
court, after imposing
a prison term on the offender for the
violation of section
2923.161 of the Revised
Code or for the other
felony
offense under division (A), (D)(2), or (D)(3) of this
section, shall
impose an additional prison term of five years upon
the offender
that shall not be reduced pursuant to section
2929.20, section 2967.193, or
any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A
court shall not impose
more than one additional prison term on an offender under
division
(D)(1)(c) of this section for felonies committed as
part of the
same
act or transaction. If a court imposes an additional prison
term on an
offender under division (D)(1)(c) of this section
relative to an offense, the court also shall
impose a prison term
under division
(D)(1)(a) of this section
relative to the same
offense, provided the criteria specified in that division
for
imposing an additional prison term are satisfied relative to the
offender
and the offense. (d)
If an offender who is convicted of or pleads guilty to
an offense
of violence that is a felony also is convicted of or
pleads guilty to a
specification of the type described in section
2941.1411 of the Revised Code that charges the
offender with
wearing or carrying body armor
while committing the felony offense
of violence, the court shall
impose on the offender a prison term
of two years. The prison
term so imposed shall not be reduced
pursuant to section 2929.20,
section 2967.193, or any other
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A court shall not impose more
than one prison term
on an offender
under division
(D)(1)(d) of this section for
felonies committed as
part of
the same act or transaction. If a
court imposes an
additional prison
term under division (D)(1)(a)
or (c)
of this
section, the
court is not precluded from imposing
an additional
prison term under
division (D)(1)(d) of this
section. (e) The court shall not impose any of the
prison terms
described in division
(D)(1)(a)
of this section or any of the
additional prison terms described in
division (D)(1)(c) of this
section upon an
offender for a
violation of section
2923.12 or
2923.123 of the Revised Code. The court shall not
impose any of
the prison terms described in
division
(D)(1)(a) of this section
or any of the additional prison terms
described in division
(D)(1)(c) of this section
upon an offender for a violation of
section 2923.13 of the
Revised Code unless all of the following
apply: (i) The offender previously has been convicted
of aggravated
murder, murder, or any felony of the first or
second degree. (ii) Less than five years have passed since the
offender was
released from prison or post-release control,
whichever is later,
for the prior offense.
(f) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause
the death of or physical
harm to another and
also is convicted of or pleads guilty to a
specification of the
type described in section 2941.1412 of the
Revised Code that
charges the
offender with committing the offense by discharging a
firearm at a
peace officer as defined in section 2935.01 of the
Revised Code or a corrections officer as defined in section
2941.1412 of the Revised Code, the court, after imposing a
prison
term on the
offender for the felony offense under division (A),
(D)(2),
or
(D)(3) of this section, shall impose an additional
prison term of
seven years upon the offender that shall not be
reduced pursuant
to section 2929.20, section 2967.193, or any
other provision of
Chapter 2967. or Chapter 5120. of
the Revised
Code. A court
shall
not impose more than one
additional prison
term on an
offender
under division (D)(1)(f) of
this section for
felonies
committed as
part of the same act or transaction.
If a
court
imposes an
additional prison term on an offender under
division
(D)(1)(f) of
this section relative to an offense,
the
court
shall not impose a
prison term under division (D)(1)(a)
or
(c)
of
this section
relative to the same offense. (2)(a) If division (D)(2)(b) of this section does not apply, the
court
may impose on an offender, in addition to the longest prison term
authorized or required for the offense, an additional definite prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the following criteria are met: (i) The offender is convicted of or pleads guilty to a specification of the type described in section 2941.149 of the Revised Code that the offender is a repeat violent offender. (ii) The offense of which the offender currently is convicted or to which the offender currently pleads guilty is aggravated murder and the court does not impose a sentence of death or life imprisonment without parole, murder, terrorism and the court does not impose a sentence of life imprisonment without parole, any felony of the first degree that is an offense of violence and the court does not impose a sentence of life imprisonment without parole, or any felony of the second degree that is an offense of violence and the trier of fact finds that the offense involved an attempt to cause or a threat to cause serious physical harm to a person or resulted in serious physical harm to a person. (iii) The court imposes the longest prison term for the offense that is not life imprisonment without parole. (iv) The court finds that the prison terms imposed pursuant to division (D)(2)(a)(iii) of this section and, if applicable, division (D)(1) or (3) of this section are inadequate to
punish the
offender and protect the public from future crime,
because the
applicable factors
under
section 2929.12
of the Revised Code
indicating a greater
likelihood of recidivism outweigh
the
applicable factors under that section indicating a lesser
likelihood of
recidivism. (v) The court finds that the prison terms imposed pursuant to division (D)(2)(a)(iii) of this section and, if applicable, division (D)(1) or (3) of this section are demeaning to the
seriousness
of the offense, because one or more of the factors
under section
2929.12 of the Revised Code
indicating that the offender's conduct
is more serious than conduct normally
constituting the offense are
present, and they outweigh the applicable
factors under that
section indicating that the offender's
conduct is
less serious
than conduct normally constituting the offense. (b) The court shall impose on an offender the longest prison term authorized or required for the offense and shall impose on the offender an additional definite prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the following criteria are met: (i) The offender is convicted of or pleads guilty to a specification of the type described in section 2941.149 of the Revised Code that the offender is a repeat violent offender.
(ii) The offender within the preceding twenty years has been convicted of or pleaded guilty to three or more offenses described in division (DD)(1) of section 2929.01 of the Revised Code, including all offenses described in that division of which the offender is convicted or to which the offender pleads guilty in the current prosecution and all offenses described in that division of which the offender previously has been convicted or to which the offender previously pleaded guilty, whether prosecuted together or separately. (iii) The offense or offenses of which the offender currently is convicted or to which the offender currently pleads guilty is aggravated murder and the court does not impose a sentence of death or life imprisonment without parole, murder, terrorism and the court does not impose a sentence of life imprisonment without parole, any felony of the first degree that is an offense of violence and the court does not impose a sentence of life imprisonment without parole, or any felony of the second degree that is an offense of violence and the trier of fact finds that the offense involved an attempt to cause or a threat to cause serious physical harm to a person or resulted in serious physical harm to a person. (c) For purposes of division (D)(2)(b) of this section, two or more offenses committed at the same time or as part of the same act or event shall be considered one offense, and that one offense shall be the offense with the greatest penalty. (d) A sentence imposed under division (D)(2)(a) or (b) of this section shall not be reduced pursuant to section 2929.20 or section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. The offender shall serve an additional prison term imposed under this section consecutively to and prior to the prison term imposed for the underlying offense. (e) When imposing a sentence pursuant to division (D)(2)(a) or (b) of this section, the court shall state its findings explaining the imposed sentence. (3)(a) Except when an offender commits a
violation of
section 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for the
violation is life imprisonment or commits a
violation of section
2903.02 of the Revised Code, if the offender
commits a violation of section 2925.03 or 2925.11 of
the Revised
Code and that section classifies the offender as a major drug
offender and requires the
imposition of a ten-year prison term on
the offender, if
the offender commits a felony violation of
section 2925.02,
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, division
(C) of section 4729.51, or division (J)
of section 4729.54
of the Revised Code that includes the sale,
offer to sell,
or possession of a schedule
I or II controlled
substance, with the exception of
marihuana, and the
court imposing
sentence upon the offender finds
that the offender is guilty of a
specification of the type
described in section 2941.1410 of the
Revised Code charging
that the offender is a
major drug offender,
if the court imposing sentence upon an offender for
a felony
finds
that the offender is guilty
of corrupt activity with the
most
serious offense in the pattern
of corrupt activity being a
felony
of the first degree, or if the offender is guilty of
an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the Revised
Code that was attempted, the offender would have been subject to a
sentence of life imprisonment or life imprisonment without parole
for the violation of section 2907.02 of the Revised Code, the
court shall
impose upon
the offender for the felony violation a
ten-year
prison term that
cannot be reduced pursuant to section
2929.20 or
Chapter
2967. or 5120. of the Revised Code. (b) The court imposing a prison term on an
offender under
division (D)(3)(a) of this
section may impose an additional prison
term of one, two, three,
four, five, six, seven, eight, nine, or
ten years, if the court,
with respect to the term imposed under
division
(D)(3)(a) of this section and, if
applicable, divisions
(D)(1) and (2) of this section,
makes both of the findings set
forth in divisions
(D)(2)(a)(iv) and (v) of this section. (4) If the offender is being sentenced for a third or fourth
degree felony
OVI offense under division (G)(2) of section
2929.13
of the Revised
Code,
the sentencing court shall impose
upon the
offender a mandatory prison term in
accordance with that
division.
In addition to the mandatory prison term, if the offender is being
sentenced for a fourth degree felony OVI offense, the court,
notwithstanding division (A)(4) of this section, may sentence the
offender to a definite prison term of not less than six months and
not more than thirty months, and if the offender is being
sentenced for a third degree felony OVI offense, the
sentencing
court may sentence the offender to an additional prison
term of
any
duration specified in division (A)(3) of this section. In
either case, the additional prison term imposed shall be reduced
by the sixty or one
hundred twenty days imposed upon the
offender
as the mandatory prison term.
The total of the
additional prison
term imposed under division (D)(4) of this
section
plus the sixty
or one hundred twenty days imposed as the
mandatory prison term
shall equal a definite term in the range of six months to thirty
months for a fourth degree felony OVI offense and shall equal one
of
the authorized prison
terms specified in division (A)(3) of
this section for a third degree felony OVI offense. If
the court
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after
the
offender has served the mandatory prison term required for the
offense. In addition to the mandatory prison term or mandatory and additional prison term imposed as described in division (D)(4) of this section, the
court also may sentence the offender to a community
control sanction under
section 2929.16 or 2929.17 of the Revised
Code, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony OVI offense under division (G)(1) of section 2929.13 of the Revised Code and the court imposes a mandatory term of local incarceration, the court may impose a prison term as described in division (A)(1) of that section. (5) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1414 of the
Revised Code that charges that the victim of the offense is a
peace officer, as defined in section 2935.01 of the Revised Code,
the court shall impose on the offender a prison term of five
years. If a court imposes a prison term on an offender under
division (D)(5) of this section, the prison term shall not be
reduced pursuant to section 2929.20, section 2967.193, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (D)(5) of this section for felonies
committed as part of the same act.
(6) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1415 of the
Revised Code that charges that the offender previously has been
convicted of or pleaded guilty to three or more violations of division (A)
or (B) of section 4511.19 of the Revised Code or an equivalent
offense, as defined in section 2941.1415 of the Revised Code, or three or more violations of any combination of those divisions and offenses, the
court shall impose on the offender a prison term of three years.
If a court imposes a prison term on an offender under division
(D)(6) of this section, the prison term shall not be reduced
pursuant to section 2929.20, section 2967.193, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code.
A
court shall not impose more than one prison term on an offender
under division (D)(6) of this section for felonies committed as
part of the same act.
(7) If an offender is convicted of or pleads guilty to a sexually oriented offense or a child-victim oriented offense that is a felony and also is convicted of or pleads guilty to a specification of the type described in section 2941.1417 of the Revised Code, the court shall impose on the offender a prison term of five years. This division applies regardless of whether the motor vehicle used in committing the offense, to arrive at the location at which the offense was committed, or to flee immediately after committing the offense as set forth in the specification is owned by the offender or another person or is rented or leased. (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a mandatory prison term
is imposed
upon an offender pursuant to
division (D)(1)(a) of this
section for having a firearm on or
about the offender's person or under the
offender's
control while
committing a felony, if a mandatory prison term
is imposed
upon an
offender pursuant to division (D)(1)(c) of
this section for
committing a felony specified in that division by discharging
a
firearm from a motor vehicle, or if both types of mandatory prison
terms
are imposed, the offender shall serve
any mandatory prison
term
imposed under either division
consecutively to any other
mandatory prison term imposed under either division
or under
division (D)(1)(d) of this
section,
consecutively to and prior to
any prison term
imposed for the underlying felony pursuant to
division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term
or
mandatory prison term previously or subsequently imposed
upon the
offender. (b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for
wearing or
carrying body armor while committing an offense of violence that
is a felony,
the offender shall serve the mandatory
term so
imposed consecutively to any other mandatory prison term
imposed
under that division or under division (D)(1)(a)
or (c) of
this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or
(D)(3)
of
this section or any other section of the Revised Code, and
consecutively to any other
prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (c) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(f) of this section, the offender shall
serve the mandatory prison term so imposed consecutively to and
prior to any prison term imposed for the underlying felony under
division (A), (D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender. (2) If an offender who is an inmate in a jail, prison,
or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an
inmate in a jail, prison, or other residential
detention facility or is under
detention at a detention facility
commits another felony while the offender is
an
escapee in
violation of
section 2921.34 of the Revised Code, any prison
term
imposed upon the offender for one of those violations
shall be
served by the offender consecutively to the prison term or term of
imprisonment the offender
was serving when the offender committed
that offense and to any other prison
term previously or
subsequently imposed upon the offender. (3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code, a violation of division (A) of section 2913.02 of the Revised Code in which the stolen property is a firearm or dangerous ordnance, or a felony violation of division
(B) of section 2921.331
of the Revised Code, the offender shall serve that
prison term
consecutively to any
other prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (4) If multiple prison terms are imposed on an offender
for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the
offender's conduct and to the danger the offender
poses to
the public, and if the court also finds any
of the following: (a) The offender committed
one or more of the multiple
offenses while the
offender was awaiting trial or sentencing, was
under a sanction
imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the
Revised Code, or was under
post-release control for
a prior
offense. (b)
At least two of the multiple offenses were committed
as
part of one or more courses of conduct, and the harm caused by
two
or more of the multiple offenses
so committed
was so great or
unusual that no single prison term for any of the
offenses
committed as part of
any of the courses of conduct
adequately
reflects the seriousness of the offender's conduct. (c) The offender's history of criminal conduct
demonstrates
that consecutive sentences are necessary to protect
the public
from future crime by the offender. (5) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(5) or (6) of this section, the offender
shall serve the mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section. If a mandatory prison
term is imposed upon an offender pursuant to division (D)(5) of
this section, and if a mandatory prison term also is imposed upon
the offender pursuant to division (D)(6) of this section in
relation to the same violation, the offender shall serve the
mandatory prison term imposed pursuant to division (D)(5) of this
section consecutively to and prior to the mandatory prison term
imposed pursuant to division (D)(6) of this section and
consecutively to and prior to any prison term imposed for the
underlying violation of division (A)(1) or (2) of section 2903.06
of the Revised Code pursuant to division (A) of this section. (6) If a mandatory prison term is imposed upon an offender pursuant to division (D)(7) of this section, the offender shall serve the mandatory prison term consecutively to and prior to any prison term imposed for the underlying sexually oriented offense or child-victim oriented offense. (7) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), (4), or (5), or (6) of this
section, the term to be
served is the aggregate of all of the terms so
imposed. (F)(1) If a court imposes a prison term for a felony of the first degree, for a felony of the second degree, for a felony sex offense, or for a felony of the third degree that is not a felony sex offense and in the commission of which the offender caused or threatened to cause physical harm to a person, it shall
include in the sentence a
requirement that the offender be subject
to a period of
post-release control after the offender's release
from imprisonment, in
accordance with that division. If a court imposes a sentence including a prison term of a type described in this division on or after the effective date of this amendment July 11, 2006, the failure of a court to include a post-release control requirement in the sentence pursuant to this division does not negate, limit, or otherwise affect the mandatory period of post-release control that is required for the offender under division (B) of section 2967.28 of the Revised Code. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment July 11, 2006, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control. (2) If a court
imposes a prison term
for a felony of the third, fourth, or fifth degree that is not subject to division (F)(1) of this section, it
shall include in the sentence a requirement that the
offender be
subject to a period of post-release control after the
offender's release
from imprisonment, in accordance with that
division, if the
parole board determines that a period of
post-release control is
necessary. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment July 11, 2006, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control. (G) If a person is convicted of or pleads guilty to a
violent sex
offense or a designated homicide, assault, or kidnapping offense and, in relation to that offense, the offender is adjudicated a sexually violent
predator, the court shall impose
sentence upon the offender in
accordance with section 2971.03 of the Revised
Code, and Chapter
2971. of the Revised Code applies regarding the prison term
or
term of life imprisonment without parole imposed upon the offender
and the
service of that term of imprisonment. (H) If a person who has been convicted of or pleaded guilty
to a felony is
sentenced to a prison term or term of imprisonment
under this section,
sections 2929.02 to 2929.06 of the Revised
Code, section 2971.03 of the
Revised Code, or any other provision
of law, section 5120.163 of the Revised
Code applies regarding the
person while the person is confined in a state
correctional
institution. (I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence
also is convicted of or
pleads guilty to a specification of the
type described in section
2941.142 of the
Revised Code that charges the offender with having
committed
the felony while participating in a criminal gang, the
court shall impose upon
the offender an additional prison term of
one, two, or three years. (J) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a
felony of the first, second, or
third degree that is an
offense of violence also is convicted of
or pleads guilty to a
specification of the type described in
section 2941.143 of the
Revised
Code that charges the offender
with having committed the offense in a school safety
zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall
serve the additional two years consecutively to and
prior to the prison term
imposed for the underlying offense. (K) At the time of sentencing, the court
may recommend the
offender for
placement in a program of shock incarceration
under
section 5120.031 of the Revised Code or for
placement
in an
intensive program prison
under
section 5120.032 of the Revised
Code, disapprove placement of the
offender in a program of shock
incarceration or
an intensive
program
prison
of that nature, or
make
no recommendation on placement of
the offender.
In no case
shall
the department of rehabilitation and correction place the
offender
in a program or prison of that nature unless the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for the placement. If the court disapproves placement of the offender in a
program or prison
of that nature, the department of rehabilitation
and correction shall not
place the offender in any program of
shock incarceration or intensive program
prison. If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program
prison,
and if the offender
is subsequently placed in the recommended
program or
prison, the
department shall notify the court of the
placement and shall
include with the notice a brief description of
the placement. If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program prison
and the department does not
subsequently place the offender in the
recommended program or prison, the
department shall send a notice
to the court indicating why the offender was
not placed in the
recommended program or prison. If the court does not make a recommendation under this
division with
respect to an
offender
and if the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature, the
department shall screen the offender and
determine if there is an
available program of shock incarceration or an
intensive program
prison for which the offender is suited. If there is an
available
program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the
court of the
proposed placement of the offender
as specified in
section 5120.031 or 5120.032 of the Revised Code and shall include
with the notice a brief
description of the placement. The court
shall have ten days from receipt of
the notice to disapprove the
placement.
Sec. 2929.24. (A) Except as provided in section 2929.22 or
2929.23 of
the
Revised Code and unless another term is required or
authorized
pursuant to law, if the sentencing
court imposing a
sentence upon
an offender for a misdemeanor elects or is
required
to impose a
jail
term on the offender pursuant to this chapter,
the court
shall impose
a definite jail term that shall be one of
the
following: (1) For a misdemeanor of the first degree, not more than one
hundred eighty days; (2) For a misdemeanor of the second degree, not more than
ninety
days; (3) For a misdemeanor of the third degree, not more than
sixty
days; (4) For a misdemeanor of the fourth degree, not more than
thirty
days. (B) A court that sentences an offender to a jail term under
this
section may permit the offender to serve the sentence in
intermittent confinement or may authorize a
limited release of the
offender as provided in division (B) of
section 2929.26 of the
Revised Code. (C) If a court sentences an offender to a jail term under
this
section and the court assigns the offender to a county jail
that
has established a county jail industry program pursuant to
section
5147.30 of the Revised Code, the court shall specify, as
part of
the sentence, whether the offender may be considered for
participation in the program. During the offender's term in the
county
jail, the court retains jurisdiction to modify its
specification
regarding the offender's participation in the county
jail industry
program. (D) If a person is sentenced to a jail term
pursuant to this
section, the
court may impose as part of the sentence pursuant to
section
2929.28 of the Revised Code a reimbursement sanction, and,
if
the
local detention facility in which the term is to be served
is covered by a policy adopted
pursuant
to section 307.93, 341.14,
341.19, 341.21, 341.23,
753.02, 753.04,
753.16, 2301.56, or
2947.19 of the Revised Code
and section
2929.37 of the Revised
Code, both of the following
apply: (1) The court shall specify both of the following as part of
the sentence: (a) If the person is presented with an itemized bill pursuant
to section 2929.37 of the Revised Code for payment of the costs of
confinement, the person is required to pay the bill in accordance
with that section. (b) If the person does not dispute the bill described in
division (D)(1)(a) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the
clerk of the court may
issue a certificate of judgment against the
person as described in
that section. (2) The sentence automatically includes any certificate of
judgment issued as described in division (D)(1)(b) of this
section.
(E)(1) If an offender who is convicted of or pleads guilty to a
violation of division (B) of section 4511.19 of the Revised Code 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 on the offender for the underlying
offense, the court shall
impose upon the offender an additional
definite jail term of not more than six months. The
additional jail term shall not be reduced pursuant to
any provision of the
Revised Code. The offender shall serve the
additional jail term consecutively to and prior to the
jail term imposed for the underlying offense and
consecutively
to any other mandatory term imposed in relation to
the offense. (2) If an offender is convicted of or pleads guilty to a sexually oriented offense or a child-victim oriented offense that is a misdemeanor and also is convicted of or pleads guilty to a specification of the type described in section 2941.1417 of the Revised Code, the court shall impose on the offender a mandatory jail term of one year. The mandatory jail term shall not be reduced pursuant to any provision of the Revised Code. The offender shall serve the mandatory jail term consecutively to and prior to any jail term imposed for the underlying sexually oriented offense or child-victim oriented offense and consecutively to any other mandatory term imposed in relation to that offense. This division applies regardless of whether the motor vehicle used in committing the offense, to arrive at the location at which the offense was committed, or to flee immediately after committing the offense as specified in the specification is owned by the offender or another person or is rented or leased.
Sec. 2941.1421. (A) Imposition of a five-year mandatory prison term upon an offender under division (D)(7) of section 2929.14 of the Revised Code and imposition of a one-year mandatory jail term upon an offender under division (E)(2) of section 2929.24 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to committing a sexually oriented offense or a child-victim oriented offense and unless the indictment, count in the indictment, or information charging the offense specifies that at the time the offender committed the offense an order issued under division (A) of section 2950.15 of the Revised Code applied to the offender, that the offender used a motor vehicle in committing the offense, to arrive at the location at which the offense was committed, or to flee immediately after committing the offense, and that the motor vehicle so used did not display SORN law license plates described in section 4503.237 of the Revised Code. The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that, at the time the offender committed the offense, an order issued under division (A) of section 2950.15 of the Revised Code applied to the offender, that the offender used a motor vehicle in committing the offense, to arrive at the location at which the offense was committed, or to flee immediately after committing the offense, and that the motor vehicle so used did not display SORN law license plates described in section 4503.237 of the Revised Code).
(B) As used in this section, sexually oriented offense and a child-victim oriented offense have the same meanings as in section 2950.01 of the Revised Code.
Sec. 2950.15. (A)(1) In any case in which an offender who is sentenced on or after the effective date of this section for a sexually oriented offense is required to register a residence address pursuant to section 2950.04 of the Revised Code based on that offense, the court shall issue an order prohibiting the offender from operating a motor vehicle upon the public roads and highways or upon any public or private property used by the public for purposes of vehicular travel or parking unless, subject to division (C) of this section, the vehicle the offender is operating displays the sex offender registration and notification law (SORN law) license plates described in section 4503.237 of the Revised Code. The court shall give a copy of the order to the offender. Except as provided in division (B) of this section, the order shall remain in effect for the same period of time prescribed by section 2950.07 of the Revised Code that the offender is required to register a residence address.
A separate order shall be issued under this division for each sexually oriented offense for which an offender is sentenced on or after the effective date of this section and for which the offender is required to register a residence address based on that offense. If the offender is required to register a residence address pursuant to section 2950.04 of the Revised Code based on the conviction of or plea of guilty to more than one sexually oriented offense for which sentence is imposed on or after the effective date of this section, the period of time for which the orders issued under this division remain in effect shall be separately calculated for each of the sexually oriented offenses, and the separately calculated periods of time shall be complied with independently. (2) If an offender is convicted of or pleads guilty to any registration-exempt sexually oriented offense and is sentenced, for the offense on or after the effective date of this section, the court that is imposing sentence on the offender may issue the order described in division (A)(1) of this section and shall include in the order the duration of the order.
(B) Not sooner than five years after the imposition of an order under division (A) of this section, an offender who is subject to the order may file a petition in the court that issued the order requesting the termination of the order. The court may deny the petition without a hearing but may conduct a hearing on the matter. In making a determination to terminate the order, the court shall consider all relevant factors, including public safety, the interests of justice, and the determinations, findings, and declarations of the general assembly regarding sex offenders and child-victim offenders that are set forth in section 2950.02 of the Revised Code. No court shall terminate the order if the person, within the duration of the order, has been convicted of or pleaded guilty to any sexually oriented offense, including any presumptive registration-exempt sexually oriented offense, or any child-victim oriented offense. If more than one order issued under division (A) of this section applies to an offender, the five-year period prescribed in this division shall be applied separately for each of those orders. If more than one order issued under division (A) of this section applies to an offender, the termination of one of those orders under this division does not terminate or affect any of the other orders that apply to the offender.
(C)(1) If a court issues an order under division (A) of this section, the offender to whom the order applies may operate a motor vehicle that is owned by the offender's employer only if the offender is required to operate that motor vehicle in the course and scope of the offender's employment. An offender to whom an order issued under division (A) of this section applies and who is required to operate a motor vehicle owned by the offender's employer in the course and scope of the offender's employment may operate that vehicle without displaying on that vehicle SORN law license plates described in section 4503.237 of the Revised Code if the employer has been notified that the offender is subject to the order issued under division (A) of this section and of the nature of and basis for the order and if the offender has proof of the offender's notification in the offender's possession while operating the employer's vehicle for normal business duties. A motor vehicle owned by a business that is partly or entirely owned or controlled by an offender to whom an order issued under division (A) of this section applies is not a motor vehicle owned by an employer for purposes of this division.
(2) If a court issues an order under division (A) of this section and if the motor vehicle to be operated by the offender to whom the order applies is registered in a state other than this state, the offender may operate that vehicle without displaying on that vehicle SORN law license plates described in section 4503.237 of the Revised Code if, instead of the SORN law license plates, the offender displays on that vehicle a decal, as prescribed by the registrar of motor vehicles, that states that the offender is subject to the order issued under division (A) of this section and of the nature of and basis for the order. The decal shall be displayed on the bottom left corner of the back window of the vehicle or, if there is no back window, on the bottom left corner of the windshield of the vehicle. The bureau of motor vehicles shall adopt rules providing for the decentralization of the issuance of decals described in this division, and the rules shall provide for the issuance of the decals by at least one agency in each county. (3) If a court issues an order under division (A) of this section, if the motor vehicle to be operated by the offender to whom the order applies was purchased within the preceding thirty days by the offender or by another person, and if a temporary license placard or windshield sticker has been issued to the purchaser under section 4503.182 and division (A)(2) of section 4503.237 of the Revised Code, the offender may operate that vehicle without displaying on that vehicle SORN law license plates described in section 4503.237 of the Revised Code if, instead of the SORN law license plates, the temporary license placard or windshield sticker is displayed on the motor vehicle in accordance with section 4503.182 of the Revised Code, and the motor vehicle is operated in accordance with that section. The offender may operate the motor vehicle under authority of this division until the applicant is provided the SORN law license plates or until the expiration of the thirty-day period described in section 4503.182 of the Revised Code, whichever is earlier.
(D) No person to whom an order issued under division (A) of this section applies shall operate a motor vehicle in violation of the order. A person to whom an order issued under division (A) of this section applies and who operates a motor vehicle under authority of division (C) of this section without displaying on that vehicle SORN law license plates described in section 4503.237 of the Revised Code is not in violation of the order issued under division (A) of this section while so operating the motor vehicle.
Sec. 2950.99.
(A)(1)(a) Except as otherwise provided in division (A)(1)(b) of this section, whoever violates a prohibition in section
2950.04, 2950.041, 2950.05,
or 2950.06 of the Revised Code shall be punished as follows: (i) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is aggravated murder, murder, or a felony of the first, second, or third degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the third degree. (ii) If the most serious sexually oriented
offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the fourth or fifth degree
if committed by an
adult or a comparable category of offense committed in another jurisdiction,
or if the most serious
sexually oriented offense or child-victim oriented offense
that was the basis of the registration, notice of intent to reside,
change of address
notification, or address verification
requirement that was
violated under the prohibition is a
misdemeanor
if committed by an
adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the same degree or a misdemeanor of the same degree as the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address, or address verification requirement that was violated under the prohibition or, if the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address, or address verification requirement that was violated under the prohibition was a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the same degree or a misdemeanor of the same degree as that offense committed in the other jurisdiction would constitute or would have constituted if it had been committed in this state. (b) If the offender previously has been convicted of or pleaded guilty to, or previously has been adjudicated a delinquent child for committing, a violation of a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, whoever violates a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code shall be punished as follows:
(i) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is aggravated murder, murder, or a felony of the first, second, third, or fourth degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the third degree.
(ii) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a felony of the fifth degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the fourth degree. (iii) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a misdemeanor of the first degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the fifth degree.
(iv) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a misdemeanor other than a misdemeanor of the first degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a misdemeanor that is one degree higher than the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, change of address, or address verification requirement that was violated under the prohibition or, if the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address, or address verification requirement that was violated under the prohibition was a comparable category of offense committed in another jurisdiction, the offender is guilty of a misdemeanor that is one degree higher than the most serious sexually oriented offense or child-victim oriented offense committed in the other jurisdiction would constitute or would have constituted if it had been committed in this state. (2) In addition to
any penalty
or sanction imposed under division (A)(1) of this section or any other provision of law for a violation of a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the
offender
or
delinquent child is
subject to a community control sanction, is on
parole, is subject to
one or
more
post-release
control sanctions, or is subject to any other
type
of supervised
release at the time of the violation, the
violation shall
constitute a violation of the terms and
conditions
of the
community control sanction, parole, post-release control
sanction, or other
type of supervised release.
(3) As used in division (A)(1) of this section, "comparable category of offense committed in another jurisdiction" means a sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated, that is a violation of an existing or former law of another state or the United States, an existing or former law applicable in a military court or in an Indian tribal court, or an existing or former law of any nation other than the United States, and that, if it had been committed in this state, would constitute or would have constituted aggravated murder, murder, or a felony of the first, second, or third degree for purposes of division (A)(1)(a)(i) of this section, a felony of the fourth or fifth degree or a misdemeanor for purposes of division (A)(1)(a)(ii) of this section, aggravated murder, murder, or a felony of the first, second, third, or fourth degree for purposes of division (A)(1)(b)(i) of this section, a felony of the fifth degree for purposes of division (A)(1)(b)(ii) of this section, a misdemeanor of the first degree for purposes of division (A)(1)(b)(iii) of this section, or a misdemeanor other than a misdemeanor of the first degree for purposes of division (A)(1)(b)(iv) of this section. (B) If a person violates a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code that applies to the person
as a result of the person being adjudicated a delinquent child and
being classified a juvenile offender registrant or as an
out-of-state juvenile offender registrant, both of the
following apply: (1) If the violation occurs while the person is under
eighteen years of age, the person is subject to proceedings under
Chapter 2152. of the Revised Code based on the violation. (2) If the violation occurs while the person is eighteen
years of age or older, the person is subject to criminal
prosecution based on the violation. (C) Whoever violates division (C) of section 2950.13 of the Revised Code is guilty of a misdemeanor of the first degree. (D) Whoever violates division (D) of section 2950.15 of the Revised Code is guilty of a misdemeanor of the first degree.
Sec. 4503.237. (A)(1) Upon presentation of an order issued under section 2950.15 of the Revised Code and compliance with all applicable laws relating to the registration of motor vehicles, the registrar shall issue to the applicant sex offender registration and notification law (SORN law) license plates. SORN law license plates may be issued for any vehicle registered in the name of the person named in the order or for any vehicle the person named in the order intends to operate.
SORN law license plates shall have a distinctive fluorescent green background color and carry a special serial number that is readily identified by law enforcement officers. The registrar of motor vehicles shall designate the distinctive fluorescent green color and serial number to be used on SORN law license plates, which shall remain the same from year to year and shall not be displayed on any other motor vehicles.
The bureau of motor vehicles shall adopt rules providing for the decentralization of the issuance of SORN law license plates under this section. The rules shall provide for the issuance of the SORN law license plates by at least one agency in each county.
(2) If a person to whom an order issued under section 2950.15 of the Revised Code applies purchases a motor vehicle or if another person purchases a motor vehicle that a person to whom such an order applies will operate, and if the purchaser presents the order as described in division (A)(1) of this section, the purchaser may be issued a temporary license placard or windshield sticker in accordance with section 4503.182 of the Revised Code. If a temporary license placard or windshield sticker is issued to the purchaser under this division in accordance with section 4503.182 of the Revised Code, the person to whom the order issued under section 2950.15 of the Revised Code applies may operate the motor vehicle in accordance with division (C)(3) of section 2950.15 of the Revised Code without displaying on that vehicle SORN law license plates. The person may operate the motor vehicle in accordance with that division until the person is provided the SORN law license plates or until the expiration of the thirty-day period described in section 4503.182 of the Revised Code, whichever is earlier. (B) No person operating a motor vehicle displaying SORN law license plates as described in this division shall knowingly disguise or obscure the color of the SORN law license plate.
(C) Whoever violates division (B) of this section is guilty of a minor misdemeanor. Sec. 4511.203.
(A) No person shall
permit a motor vehicle
owned by
the person or under
the person's
control to be driven
by
another if
any of the
following
apply: (1) The offender knows or
has reasonable cause to
believe
that the other person
does not have a valid driver's or
commercial
driver's
license or
permit or valid nonresident driving
privileges.
(2) The offender knows or has reasonable cause to believe
that the other person's driver's or commercial driver's license or
permit or nonresident operating privileges have been suspended or
canceled under Chapter 4510. or any other provision of the Revised
Code. (3) The offender knows or
has reasonable cause to
believe
that the other person's
act of driving the motor
vehicle would
violate any prohibition contained in
Chapter
4509. of
the Revised
Code. (4)
The offender knows or has reasonable cause to believe
that the other
person's
act
of driving would violate section
4511.19 of the
Revised Code
or
any substantially equivalent
municipal ordinance. (5) The offender knows or has reasonable cause to believe that a court order issued under division (A) of section 2950.15 of the Revised Code applies to the person, the motor vehicle does not display SORN law license plates as described in section 4503.237 of the Revised Code, and the offender is not authorized by division (C) of that section to operate that vehicle without displaying on that vehicle SORN law license plates. (B) Without limiting or precluding the consideration of any
other evidence in determining whether a violation of division
(A)(1), (2), (3), or (4) of this section has occurred, it shall be
prima-facie evidence that the offender knows
or
has reasonable
cause to believe that the operator of the motor vehicle owned by
the
offender or
under the
offender's control is in a category
described in division (A)(1), (2), (3), or (4) of this
section if
any of the following applies: (1) Regarding an operator allegedly in the category
described in division (A)(1) or (3) of this section, the offender
and the operator of the motor vehicle reside in the same household
and are related by consanguinity or affinity. (2) Regarding an operator allegedly in the category
described in division (A)(2) of this section, the offender and the
operator of the motor vehicle reside in the same household, and
the offender knows or has reasonable cause to believe that the
operator has been charged with or convicted of any violation of
law or ordinance, or has committed any other act or omission, that
would or could result in the suspension or cancellation of the
operator's license, permit, or privilege. (3) Regarding an operator allegedly in the category
described in division (A)(4) of this section, the offender and the
operator of the motor vehicle
occupied
the motor vehicle together
at the time of the offense. (C)
Whoever violates this section is guilty of wrongful
entrustment of a motor vehicle, a misdemeanor of the first degree.
In
addition to the penalties imposed under Chapter 2929. of the
Revised Code, the court
shall impose a class seven suspension
of
the offender's driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating privilege
from the range specified in division (A)(7) of
section 4510.02 of the Revised Code,
and, if the vehicle involved
in the offense is registered in the name of the
offender, the
court shall
order one of the following: (1) Except as otherwise provided in division (C)(2) or (3)
of
this section, the court shall order, for thirty days, the
immobilization of
the vehicle involved in the offense and the
impoundment of that
vehicle's license plates. The order shall be
issued and enforced under
section 4503.233 of the Revised Code. (2) If the offender previously has been convicted of or
pleaded
guilty to one violation of this section or a substantially
equivalent municipal ordinance, the court shall order, for sixty
days, the immobilization of the vehicle involved in the offense
and the
impoundment of that vehicle's license plates. The order
shall be
issued and enforced under section 4503.233 of the Revised
Code. (3) If the offender previously has been convicted of or
pleaded
guilty to two or more violations of this section or a
substantially
equivalent municipal ordinance, the court shall
order the criminal
forfeiture to the state of the vehicle involved
in the offense. The order
shall be issued and enforced under
section 4503.234 of the Revised Code. If title to a motor vehicle that is subject to an order for
criminal forfeiture under this division is assigned or transferred
and
division (B)(2) or (3) of section 4503.234 of the Revised Code
applies, in addition to or independent of any other penalty
established by
law, the court may fine the offender the value of
the vehicle as determined by
publications of the national auto
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division
(C)(2)
of section 4503.234 of the Revised Code. (D)
If a court orders the immobilization of a vehicle under
division (C) of this section, the court shall not release the
vehicle from the immobilization before the termination of the
period of
immobilization ordered
unless the court is presented
with current proof of financial responsibility
with respect to
that
vehicle. (E)
If a court orders the criminal forfeiture of a vehicle
under
division (C) of this section, upon receipt of the order from
the
court, neither the registrar of motor vehicles nor any deputy
registrar shall
accept any
application for the registration or
transfer of registration of any motor
vehicle owned or leased
by
the person named in the order. The period of denial shall be
five
years after the date the order is issued, unless, during that
five-year period, the court with jurisdiction of the offense that
resulted in the order terminates the forfeiture and notifies the
registrar of the termination. If the court terminates the
forfeiture and notifies the registrar, the registrar shall take
all necessary measures to permit the person to register a vehicle
owned or leased by the person or to transfer the registration of
the vehicle. (F)
This section does not apply to motor vehicle rental
dealers
or motor vehicle leasing dealers, as defined in section
4549.65 of the Revised Code. (G) Evidence of a conviction of, plea of guilty to, or
adjudication as a delinquent child for a violation of this section
or a substantially similar municipal ordinance shall not be
admissible as evidence in any civil action that involves the
offender or delinquent child who is the subject of the conviction,
plea, or adjudication and that arises from the wrongful
entrustment of a motor vehicle. (H) As used in this section, a vehicle is owned by a
person
if, at the time of a violation of this section, the vehicle
is
registered in the person's name.
Section 2. That existing sections 2929.14, 2929.24, 2950.99, and 4511.203 of the Revised Code are hereby repealed.
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