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S. B. No. 71 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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A BILL
To amend sections 2919.22, 3319.088, 3319.41, 4510.13, and 4510.31 of the Revised Code to prohibit the use of corporal punishment on a child who is less than three or more than twelve years of age or by hitting a child about the face or head or with any object other than a bare hand and to prohibit corporal punishment in schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2919.22, 3319.088, 3319.41, 4510.13, and 4510.31 of the Revised Code be amended to read as follows:
Sec. 2919.22. (A) No person, who is the parent, guardian,
custodian, person having custody or control, or person in loco
parentis of a child under eighteen years of age or a mentally or
physically handicapped child under twenty-one years of age, shall
create a substantial risk to the health or safety of the child,
by
violating a duty of care, protection, or support. It is not a
violation of a duty of care, protection, or support under this
division when the parent, guardian, custodian, or person having
custody or control of a child treats the physical or mental
illness or defect of the child by spiritual means through prayer
alone, in accordance with the tenets of a recognized religious
body. (B) No person shall do any of the following to a child under
eighteen years
of age or a mentally or physically handicapped
child under twenty-one years of
age: (2) Torture or cruelly abuse the child; (3) Administer corporal punishment or other physical
disciplinary measure, or physically restrain the child in a cruel
manner or for a prolonged period, which punishment, discipline,
or
restraint is excessive under the circumstances and creates a
substantial risk of serious physical harm to the child, administer corporal punishment to the child by hitting the child about the face or head, or administer corporal punishment to the child with any object other than a bare hand; (4) Repeatedly administer unwarranted disciplinary
measures
to the child, when there is a substantial risk that such
conduct,
if continued, will seriously impair or retard the
child's mental
health or development; (5) Entice, coerce, permit, encourage, compel, hire,
employ,
use, or allow the child to act, model, or in any other
way
participate in, or be photographed for, the production,
presentation, dissemination, or advertisement of any material or
performance that the offender knows or reasonably should know
is
obscene,
is sexually oriented matter, or is nudity-oriented
matter; (6) Allow the child to be on the same parcel of real property and within one hundred feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within one hundred feet of, any act in violation of section 2925.04 or 2925.041 of the Revised Code when the person knows that the act is occurring, whether or not any person is prosecuted for or convicted of the violation of section 2925.04 or 2925.041 of the Revised Code that is the basis of the violation of this division. (C)(1) No person shall operate a vehicle, streetcar, or
trackless trolley within this state in violation of division
(A)
of section 4511.19 of the Revised Code when one or more
children
under eighteen years of age are in the vehicle,
streetcar, or
trackless trolley. Notwithstanding any other
provision of law, a
person may be convicted at the same trial or
proceeding of a
violation of this division and a violation of
division (A) of
section 4511.19 of the Revised Code that
constitutes
the basis of
the charge of the violation of this
division. For
purposes of
sections 4511.191
to 4511.197 of the Revised
Code
and all
related
provisions of
law, a person arrested for a
violation of
this
division shall be
considered to be under arrest
for operating
a
vehicle while under
the influence of alcohol, a
drug of abuse,
or
a combination of
them or for
operating a
vehicle with a prohibited
concentration of
alcohol, a controlled substance, or a metabolite of a controlled substance in
the
whole blood,
blood serum or
plasma,
breath, or
urine. (2) As used in division (C)(1) of this section: (a) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code. (b) "Vehicle,"
"streetcar," and
"trackless trolley" have the same meanings as in
section 4511.01 of the Revised Code. (D) No person shall administer corporal punishment to a child who is less than three years of age, to a child who is more than twelve and less than eighteen years of age, or to a mentally or physically handicapped child who is more than twelve and less than twenty-one years of age. (E)(1) Division (B)(5) of this section does not apply to
any
material or performance that is produced, presented, or
disseminated for a bona fide medical, scientific, educational,
religious, governmental, judicial, or other proper purpose, by or
to a physician, psychologist, sociologist, scientist, teacher,
person pursuing bona fide studies or research, librarian,
member
of the clergy, prosecutor, judge, or other
person having a proper
interest in the material or performance. (2) Mistake of age is not a defense to a charge under
division (B)(5) of this section. (3) In a prosecution under division (B)(5) of this
section,
the trier of fact may infer that an actor, model, or
participant
in the material or performance involved is a juvenile
if the
material or performance, through its title, text, visual
representation, or otherwise, represents or depicts the actor,
model, or participant as a juvenile. (4) As used in this division and division (B)(5) of this
section: (a)
"Material,"
"performance,"
"obscene," and
"sexual
activity" have the same meanings as in section 2907.01 of the
Revised Code. (b)
"Nudity-oriented matter" means any material or
performance that shows a minor in a state of nudity and that,
taken as a whole by the average person applying contemporary
community standards, appeals to prurient interest. (c)
"Sexually oriented matter" means any material or
performance that shows a minor participating or engaging in
sexual
activity, masturbation, or bestiality. (E)(F)(1) Whoever violates this section is guilty of
endangering children.
(2) If the offender violates division (A) or (B)(1) of
this
section, endangering children is one of the following: (a) Except as otherwise provided in division
(E)(F)(2)(b), (c),
or (d) of this
section, a misdemeanor of the first degree; (b) If the offender previously has
been convicted of an
offense under this section or of any offense
involving neglect,
abandonment, contributing to the delinquency
of, or physical abuse
of a child, except as
otherwise provided in division (E)(F)(2)(c) or
(d) of this
section, a felony of the fourth degree; (c) If the violation is a violation of division (A) of this
section and results in serious physical harm to the
child
involved, a felony of the third degree; (d) If the violation is a violation of division (B)(1)
of
this section
and results in serious physical harm to the child
involved, a felony of the
second degree. (3) If the offender violates division (B)(2), (3), (4), or (6)
or (D) of
this section, except as otherwise provided in this division,
endangering children is a felony of the third
degree. If the
violation results in serious
physical
harm to the child involved,
or if the offender previously has been
convicted of an offense
under this section or of any offense
involving neglect,
abandonment, contributing to the delinquency
of, or physical abuse
of a child, endangering children is a
felony of the second degree. If the offender violates division (B)(6) of this section and the drug involved is methamphetamine, the court shall impose a mandatory prison term on the offender as follows:
(a) If the violation is a violation of division (B)(6) of this section that is a felony of the third degree under division (E)(F)(3) of this section and the drug involved is methamphetamine, except as otherwise provided in this division, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree that is not less than two years. If the violation is a violation of division (B)(6) of this section that is a felony of the third degree under division (E)(F)(3) of this section, if the drug involved is methamphetamine, and if the offender previously has been convicted of or pleaded guilty to a violation of division (B)(6) of this section, a violation of division (A) of section 2925.04 of the Revised Code, or a violation of division (A) of section 2925.041 of the Revised Code, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree that is not less than five years.
(b) If the violation is a violation of division (B)(6) of this section that is a felony of the second degree under division (E)(F)(3) of this section and the drug involved is methamphetamine, except as otherwise provided in this division, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree that is not less than three years. If the violation is a violation of division (B)(6) of this section that is a felony of the second degree under division (E)(F)(3) of this section, if the drug involved is methamphetamine, and if the offender previously has been convicted of or pleaded guilty to a violation of division (B)(6) of this section, a violation of division (A) of section 2925.04 of the Revised Code, or a violation of division (A) of section 2925.041 of the Revised Code, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree that is not less than five years. (4) If the offender violates division (B)(5) of
this
section, endangering children is a felony of the second
degree. (5) If the offender violates division (C) of this section,
the offender shall be punished as follows: (a) Except as otherwise provided in division
(E)(F)(5)(b) or
(c) of this section, endangering children in violation of
division
(C) of
this section is a misdemeanor of the first degree. (b) If the violation results in serious physical harm to the
child involved or the offender previously has been convicted of
an
offense under this section or any offense involving neglect,
abandonment, contributing to the delinquency of, or physical
abuse
of a child, except as otherwise provided in division
(E)(F)(5)(c) of
this section, endangering
children in violation of
division
(C) of
this section is a felony of the fifth degree. (c) If the violation results in serious physical harm to
the
child involved and if the offender previously has been
convicted
of a violation of division (C) of this section, section
2903.06 or
2903.08 of the Revised Code, section 2903.07
of the Revised Code
as it existed prior to March 23, 2000,
or section
2903.04 of the
Revised Code in a case in which the offender was
subject to the
sanctions described in division (D) of that
section, endangering
children in violation of division (C) of
this section is a felony
of the fourth degree. (d) In addition to any term of imprisonment, fine, or
other
sentence, penalty, or sanction it imposes upon the offender
pursuant to division (E)(F)(5)(a), (b), or (c) of this section or
pursuant to any other provision of law and in addition to any
suspension
of the offender's driver's
or commercial driver's
license or permit or nonresident operating
privilege under
Chapter
4506.,
4509.,
4510., or 4511. of the
Revised Code or
under
any
other provision of law, the court also
may impose upon the
offender a class seven suspension of the
offender's driver's or
commercial driver's license or permit or
nonresident operating
privilege from the range specified in
division (A)(7) of section
4510.02 of the Revised Code. (e) In addition to any term of imprisonment, fine, or
other
sentence, penalty, or sanction imposed upon the offender
pursuant
to division (E)(F)(5)(a), (b), (c), or (d) of this section
or
pursuant to any other provision of law for the violation of
division (C) of this section, if as part of the same trial or
proceeding the offender also is convicted of or pleads guilty to
a
separate charge charging the violation of division (A) of
section
4511.19 of the Revised Code that was the basis of the
charge of
the violation of division (C) of this section, the
offender also
shall be sentenced in accordance with section
4511.19 of
the
Revised Code for that violation of division (A)
of section
4511.19
of the Revised Code. (F)(G)(1)(a)
A court
may require an offender to perform
not
more
than two hundred hours of supervised
community
service work
under
the authority of an agency,
subdivision, or
charitable
organization. The requirement shall be
part of the
community control sanction or sentence of the offender, and
the
court shall impose the community service
in accordance with and
subject to divisions
(F)(G)(1)(a) and (b) of this section. The court
may require an
offender whom it requires to perform supervised
community service
work as part of the offender's community control
sanction or
sentence to pay the
court a reasonable fee to
cover
the costs of the offender's participation in the work,
including,
but
not limited to, the costs of procuring a policy or policies of
liability insurance to cover the period during which the offender
will perform the work. If the court requires the offender to
perform supervised community service work as part of the
offender's community control sanction or
sentence, the court shall
do so in accordance with the
following limitations and criteria:
(i) The court shall require that the community service
work
be performed after completion of the term of imprisonment
or jail
term
imposed
upon the offender for the violation of division (C)
of
this
section, if applicable. (ii) The supervised community service work shall be
subject
to the limitations set forth in divisions
(B)(1),
(2), and (3) of
section 2951.02 of the Revised Code. (iii) The community service work shall be supervised in
the
manner described in division
(B)(4) of section 2951.02 of
the
Revised
Code by an official or person with the qualifications
described in that
division. The official or person periodically
shall report in writing to the
court concerning the conduct of the
offender in performing the work. (iv) The court shall inform the offender in writing that
if
the offender does not adequately perform, as determined by
the
court, all of the required community service work, the court may
order
that the offender be committed to a jail or workhouse for a
period of time
that does not exceed the term of imprisonment that
the court could have
imposed upon the offender for the violation
of division (C) of this section,
reduced by the total amount of
time that the offender actually
was imprisoned under the sentence
or term that was imposed upon
the offender for that violation and
by the total amount of time
that the offender was confined for any
reason arising out of the
offense for which the offender was
convicted and sentenced as
described in
sections 2949.08 and
2967.191 of the Revised Code, and that, if
the court orders that
the offender be so committed, the court
is authorized, but not
required, to grant the offender
credit upon the period of the
commitment for the community service work that
the offender
adequately performed. (b) If a court, pursuant to
division
(F)(G)(1)(a) of this
section, orders an offender to
perform
community service work as
part of the offender's community
control
sanction or
sentence and
if the offender does not
adequately
perform all of the required
community service work, as
determined
by the court, the court may
order that the offender be
committed
to a jail or workhouse for a
period of time that does
not exceed
the term of imprisonment that
the court
could have
imposed
upon
the offender for the violation
of division (C) of
this
section,
reduced by the total amount of
time that the
offender
actually was
imprisoned under the sentence
or term that
was
imposed upon the
offender for that violation and
by the total
amount of time that
the offender was confined for any
reason
arising out of the
offense for which the offender was
convicted
and sentenced as
described in sections 2949.08 and
2967.191 of the
Revised Code.
The court may order that a person
committed pursuant
to this
division shall receive hour-for-hour
credit upon the
period of the
commitment
for the community service
work that the
offender
adequately
performed. No
commitment
pursuant to this
division
shall exceed the period of the term of
imprisonment that
the
sentencing court could have imposed upon the
offender
for the
violation of division (C) of this section,
reduced by the total
amount
of time that the offender actually was
imprisoned under
that sentence or term
and by the total amount of
time that the
offender was confined for
any reason arising out of
the offense
for which the offender
was convicted and sentenced as
described in
sections 2949.08 and 2967.191 of
the Revised Code. (2)
Division (F)(G)(1) of this
section
does
not
limit or
affect the authority of the court to
suspend the
sentence
imposed
upon a misdemeanor offender and place
the
offender
under a community control sanction
pursuant to
section 2929.25 of the
Revised Code, to
require
a
misdemeanor
or felony offender to
perform
supervised
community service
work in accordance with
division
(B)
of
section
2951.02 of the
Revised Code, or to place a
felony
offender
under a
community
control sanction. (G)(H)(1) If a court suspends an offender's driver's or
commercial driver's license or permit or nonresident operating
privilege under division (E)(F)(5)(d) of this section, the
period
of
the suspension shall be consecutive to, and commence
after, the
period of suspension
of the offender's
driver's or
commercial
driver's license or permit or nonresident
operating
privilege that
is imposed under Chapter 4506.,
4509.,
4510., or
4511. of the
Revised Code or under any other provision
of law in
relation to
the violation of division (C) of this
section that is
the basis of
the suspension under division
(E)(F)(5)(d) of this
section or in
relation to the violation of
division (A) of section
4511.19 of
the Revised Code that is the
basis for that violation
of division
(C) of this section.
(2) An offender is not entitled to request, and the
court
shall
not grant to the offender,
limited driving
privileges
if
the
offender's
license,
permit, or privilege has been
suspended
under division
(E)(F)(5)(d) of this section and the
offender, within
the
preceding
six years, has been convicted of
or pleaded guilty
to
three or more violations of one or
more of the following: (a) Division (C) of
this section; (b) Any equivalent offense, as defined in section
4511.181 of
the
Revised Code. (H)(I)(1) If a person violates division (C) of this section
and
if, at the time of the violation, there were two or more
children
under eighteen years of age in the motor vehicle
involved in the
violation, the offender may be convicted of a
violation of
division (C) of this section for each of the
children, but the
court may sentence the offender for only one of
the violations.
(2)(a) If a person is convicted of or pleads guilty to a
violation of division (C) of this section but the person is not
also convicted of and does not also plead guilty to a separate
charge charging the violation of division (A) of section 4511.19
of the Revised Code that was the basis of the charge of the
violation of division (C) of this section, both of the following
apply: (i) For purposes of the provisions of section
4511.19 of
the
Revised Code that set forth the penalties and
sanctions for a
violation of division (A) of section 4511.19 of
the Revised Code,
the conviction of or plea of guilty to the
violation of division
(C) of this section shall not constitute a
violation of division
(A) of section 4511.19 of the Revised Code; (ii) For purposes of any provision of law that refers to a
conviction of or plea of guilty to a violation of division (A) of
section 4511.19 of the Revised Code and that is not described in
division (H)(I)(2)(a)(i) of this section, the conviction of or plea
of guilty to the violation of division (C) of this section shall
constitute a conviction of or plea of guilty to a violation of
division (A) of section 4511.19 of the Revised Code. (b) If a person is convicted of or pleads guilty to a
violation of division (C) of this section and the person also is
convicted of or pleads guilty to a separate charge charging the
violation of division (A) of section 4511.19 of the Revised Code
that was the basis of the charge of the violation of division (C)
of this section, the conviction of or plea of guilty to the
violation of division (C) of this section shall not constitute,
for purposes of any provision of law that refers to a conviction
of or plea of guilty to a violation of division (A) of section
4511.19 of the Revised Code, a conviction of or plea of guilty to
a violation of division (A) of section 4511.19 of the Revised
Code. (I)(J) As used in this section:
(1)
"Community control
sanction"
has the
same meaning as in
section 2929.01 of the Revised
Code; (2)
"Limited driving privileges" has the same meaning as in
section 4501.01 of the Revised Code; (3) "Methamphetamine" has the same meaning as in section 2925.01 of the Revised Code.
Sec. 3319.088. As used in this section, "educational
assistant" means any nonteaching employee in a school district who
directly
assists a teacher as defined in section 3319.09 of the
Revised
Code, by performing duties for which a license
issued
pursuant to sections 3319.22 to 3319.30 of the Revised Code is
not
required. (A) The state board of education shall issue educational
aide permits and educational paraprofessional licenses for
educational
assistants and shall adopt rules for
the issuance and
renewal of such permits and licenses
which shall be consistent
with the
provisions of this section. Educational aide permits and
educational
paraprofessional licenses may be of several types and
the
rules shall prescribe the minimum qualifications of
education,
health, and character for the service to be authorized under each
type. The prescribed minimum
qualifications may require special
training or educational
courses designed to qualify a person to
perform effectively the
duties authorized under an educational
aide permit or educational
paraprofessional license. (B)(1) Any application for a permit or license, or a renewal
or
duplicate of a permit or license, under this section shall be
accompanied by the payment of a fee in the amount established
under division
(A) of section 3319.51 of the Revised Code. Any
fees received under
this division shall be paid into the state
treasury to the credit
of the state board of education licensure
fund
established under division (B) of section 3319.51 of the
Revised Code. (2) Any person applying for or holding a permit or license
pursuant to
this section is subject to sections 3123.41 to 3123.50
of the Revised Code and any
applicable rules adopted under section
3123.63 of the Revised Code and sections
3319.31 and 3319.311 of
the
Revised Code. (C) Educational assistants shall at all times while in
the
performance of their duties be under the supervision and
direction
of a teacher as defined in section 3319.09 of the
Revised Code.
Educational assistants may assist a teacher
to whom assigned in
the supervision of pupils, in assisting with
instructional tasks,
and in the performance of duties which, in
the judgment of the
teacher to whom the assistant is
assigned, may be performed by a
person not licensed
pursuant to sections
3319.22 to 3319.30 of the
Revised Code and for which a teaching
license, issued pursuant to
sections 3319.22 to
3319.30 of
the Revised Code is not required.
The duties of an educational
assistant shall not include the
assignment of grades
to
pupils. The duties of an educational
assistants assistant need not
be performed in the physical presence of the
teacher to whom assigned, but the
activity of an educational
assistant shall at all times be
under the direction of the teacher
to whom assigned. The assignment of an
educational assistant need
not be limited to assisting a
single teacher. In the event an
educational assistant is
assigned to assist more than one teacher
the assignments shall be clearly
delineated and so arranged that
the educational assistant
shall never be subject to simultaneous
supervision or direction by more than
one teacher. Educational assistants assigned to supervise children
shall,
when the teacher to whom assigned is not physically present,
maintain the degree of control and discipline which that would be
maintained by the teacher, but an educational assistant may
not
render corporal punishment. Except when expressly permitted solely for the purposes
of
section 3317.029 of the Revised Code, educational assistants may
not be used in place
of
classroom
teachers or other employees and
any payment of compensation by
boards of education to educational
assistants for such
services is
prohibited. The ratio between the
number of
licensed teachers and the pupils in a school district
may not be
decreased
by utilization of educational assistants and
no grouping,
or other
organization of pupils, for utilization of
educational
assistants shall be established which is inconsistent
with sound
educational
practices and procedures. A school
district may employ up to one
full time equivalent educational
assistant for each six
full time
equivalent licensed employees of
the district.
Educational assistants shall not be counted as
licensed employees for purposes
of state support in the school
foundation program and no grouping
or regrouping of pupils with
educational assistants may be
counted as a class or unit for
school foundation program purposes. Neither
special courses
required by the regulations of the state board of
education,
prescribing minimum qualifications of education for an
educational
assistant, nor years of service as an
educational assistant shall
be counted in any way toward
qualifying for a teacher license, for
a teacher
contract of any type, or for
determining placement on a
salary schedule in a school district
as a teacher. (D) Educational assistants employed by a board of
education
shall have all rights, benefits, and legal protection available
to
other nonteaching employees in the school district, except
that
provisions of Chapter 124. of the Revised Code shall not
apply to
any person employed as an educational assistant,
and shall be
members of the school employees retirement system. Educational
assistants shall be compensated according to a salary plan
adopted
annually by the board. Except as provided in this section nonteaching employees
shall not serve as educational assistants without first
obtaining
an appropriate educational aide permit or educational
paraprofessional license from the state board of
education. A
nonteaching employee who is the holder of a valid
educational aide
permit or educational paraprofessional license shall
neither
render nor be required to render services inconsistent with the
type
of services authorized
by the permit or license held. No
person shall receive compensation
from a
board of education for
services rendered as an educational
assistant
in violation of this
provision. Nonteaching employees whose functions are solely
secretarial-clerical and who do not perform any other duties as
educational assistants, even though they assist a teacher
and work
under the direction of a teacher shall not be required to hold a
permit or license issued pursuant to this section. Students
preparing
to become licensed teachers or educational
assistants
shall not be
required to hold an educational aide permit or
paraprofessional license
for such periods of
time as such students
are assigned, as part of their training
program, to work with a
teacher in a school district. Such
students shall not be
compensated for such services. Following the determination of the assignment and general
job
description of an educational assistant and subject to
supervision
by the teacher's immediate administrative officer, a teacher to
whom an educational assistant is assigned shall make all
final
determinations of the duties to be assigned to such
assistant.
Teachers shall not be required to hold a license
designated for
being a supervisor or
administrator in order to perform the
necessary
supervision of educational assistants. (E) No person who is, or who has been employed as an
educational assistant shall divulge, except to the teacher
to whom
assigned, or the administrator of the school in the absence of
the
teacher to whom assigned, or when required to testify in a
court
or proceedings, any personal information concerning any
pupil in
the school district which was obtained or obtainable by
the
educational assistant while so employed. Violation of
this
provision is grounds for disciplinary action or dismissal, or
both.
Sec. 3319.41. (A)(1) Beginning September 1, 1994, and
except as provided in division (C) of this section, no No person
employed or engaged as a teacher, principal, administrator,
nonlicensed school employee, or bus driver in a public
school
may inflict or cause to be inflicted corporal punishment as a
means of discipline upon a pupil attending such the school, unless
the board of education of the school district in which the school
is located adopts a resolution no later than September 1, 1994,
to permit corporal punishment as a means of discipline and does
not adopt a resolution prohibiting corporal punishment pursuant
to division (B) of this section. No board shall adopt a
resolution permitting corporal punishment before receiving and
studying the report of the local discipline task force appointed
under division (A)(2) of this section. (2) The board of education of each city, local, exempted
village, and joint vocational school district that has not
adopted a rule prohibiting corporal punishment under section
3313.20 of the Revised Code prior to the effective date of this
amendment shall appoint, and any board that has adopted a rule
under that section prior to the effective date of this amendment
may appoint, no later than April 1, 1994, a local discipline task
force to conduct a study of effective discipline measures that
are appropriate for that school district. Members of the task
force shall include teachers, administrators, nonlicensed
school employees, school psychologists, members of the medical
profession, pediatricians when available, and representatives of
parents' organizations.
The task force shall hold meetings regularly. All meetings
of the task force shall be open to the public and at least one of
the meetings shall be for the purpose of inviting public
participation. The board of education shall provide public
notice of any public meeting of the task force in newspapers or
other periodicals of general circulation in the school district.
The task force shall report its findings and recommendations in
writing to the board of education no later than July 15, 1994.
The task force's written report must be available for inspection
by the public at the board's offices for at least five years
after being submitted to the board.
(B)(1) At any time after September 1, 1996, the board of
education of any city, local, exempted village, or joint
vocational school district in which corporal punishment is
permitted may adopt a resolution to prohibit corporal punishment.
After the adoption of a resolution prohibiting corporal
punishment pursuant to division (B)(1) of this section, the board
of education of any city, local, exempted village, or joint
vocational school district may adopt a resolution permitting
corporal punishment after complying with division (B)(3) of this
section. (2) At any time after September 1, 1998, the board of
education of any city, local, exempted village, or joint
vocational school district that did not adopt a resolution
permitting corporal punishment as a means of discipline pursuant
to division (A)(1) of this section may adopt a resolution
permitting corporal punishment after complying with division
(B)(3) of this section.
(3)(a) The board of education of each city, local,
exempted village, and joint vocational school district that
intends to adopt a resolution permitting corporal punishment as a
means of discipline pursuant to division (B)(1) or (2) of this
section may adopt that resolution permitting corporal punishment
as a means of discipline only after receiving and studying the
report of the secondary local discipline task force appointed
under division (B)(3)(b) of this section.
(b) Any board of education described in division (B)(1) or
(2) of this section that intends to adopt a resolution permitting
corporal punishment as a means of discipline shall appoint a
secondary local discipline task force to conduct a study of
effective discipline measures that are appropriate for that
school district. Membership on the secondary local discipline
task force shall consist of the same types of persons that are
required to be included as members of the local discipline task
force pursuant to division (A)(2) of this section. The secondary
local discipline task force shall follow the same procedures with
respect to holding meetings, the provision of public notice, and
the production and inspection of a written report of findings and
recommendations that are applicable to the local discipline task
force pursuant to division (A)(2) of this section, except that
the secondary local discipline task force is not required to
present its written report to the board of education on a date
that is no later than July 15, 1994.
(C) The prohibition of corporal punishment by division (A)
of this section or by a resolution adopted under division (B) of
this section does not prohibit the use of reasonable force or
restraint in accordance with division (G)(D) of this section.
(D) If the (C) The board of education of any city, local, exempted
village, or joint vocational school district does not prohibit
corporal punishment on the effective date of this amendment but
at any time after that date corporal punishment will be
prohibited in the district pursuant to division (A)(1) or (B) of
this section, the board shall do both of the following prior to
the date on which the prohibition takes effect:
(1) Adopt a disciplinary policy for the district that
includes alternative disciplinary measures other than corporal punishment; (2) Consider what in-service training, if any, school
district employees might need as part of implementing the policy
adopted under division (D)(C)(1) of this section. (E) A person employed or otherwise engaged as a teacher,
principal, or administrator by a board of education permitting
corporal punishment pursuant to division (A)(1) of this section
or by a nonpublic school, except as otherwise provided by the
governing authority of the nonpublic school, may inflict or cause
to be inflicted reasonable corporal punishment upon a pupil
attending the school to which the person is assigned whenever
such punishment is reasonably necessary in order to preserve
discipline while the student is subject to school authority.
(F) A board of education of a school district that permits
the use of corporal punishment as a means of discipline pursuant
to a resolution adopted by the board pursuant to division (A)(1)
of this section shall permit as part of its discipline policy the
parents, guardian, or custodian of a child that is attending any
school within the school district to request that corporal
punishment not be used as a means of discipline on that child;
upon the receipt of a request of that nature, shall ensure that
an alternative disciplinary measure is applied with respect to
that child; and shall include a procedure for the exercise of
that option in the resolution adopted pursuant to division (A)(1)
of this section.
(G)(D) Persons employed or engaged as teachers, principals,
or administrators in a school, whether public or private, and
nonlicensed school employees and school bus drivers may,
within the scope of their employment, use and apply such amount
of force and restraint as is reasonable and necessary to quell a
disturbance threatening physical injury to others, to obtain
possession of weapons or other dangerous objects upon the person
or within the control of the pupil, for the purpose of
self-defense, or for the protection of persons or property.
Sec. 4510.13. (A)(1) Divisions (A)(2) to (7) of this
section apply to a judge or mayor
regarding the suspension of, or
the grant of limited driving privileges
during a suspension of, an
offender's driver's or
commercial driver's license or permit or
nonresident operating
privilege imposed under division (G) or (H)
of section
4511.19 of the Revised Code, under division (B)
or (C)
of section 4511.191 of the Revised Code, or under section
4510.07
of the Revised Code for a conviction of a violation of a
municipal
OVI ordinance. (2) No judge or mayor shall suspend the following portions
of the
suspension of an offender's driver's or commercial driver's
license or
permit or nonresident operating privilege imposed under
division
(G) or (H) of section
4511.19 of the Revised Code or
under section 4510.07 of the Revised Code for a conviction of
a
violation of a municipal OVI ordinance, provided that division
(A)(2) of this section does not limit a court or
mayor in
crediting any period of suspension imposed pursuant to division
(B) or (C) of section 4511.191 of the Revised Code against
any
time of judicial suspension imposed pursuant to section 4511.19 or
4510.07 of the Revised Code, as described in divisions
(B)(2) and
(C)(2) of section
4511.191 of the Revised Code: (a) The first six months of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code
or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code; (b) The first year of a suspension imposed under division
(G)(1)(b) or (c) of
section 4511.19 of the Revised Code or of a
comparable
length
suspension imposed under section 4510.07 of the
Revised
Code; (c) The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or of a
comparable length suspension imposed under section 4510.07
of the Revised Code; (d) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code. (3) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(G) or (H) of section 4511.19 of the Revised Code, under
division (C) of section 4511.191 of the Revised Code, or under
section 4510.07 of the Revised Code for a municipal OVI conviction
if the offender, within the preceding six years, has been
convicted of or
pleaded guilty to three or more violations of one
or more of the Revised Code sections, municipal ordinances,
statutes
of the United States or another state, or municipal
ordinances of
a municipal corporation of another state that are
identified in
divisions (G)(2)(b) to (h) of equivalent offenses as defined in section
2919.22 4511.181 of the
Revised Code. Additionally, no judge or mayor shall grant limited driving
privileges to an offender whose driver's or commercial driver's
license
or permit or nonresident operating privilege has been
suspended under
division (B) of section 4511.191 of the Revised
Code if the
offender, within the preceding six years, has refused
three previous requests
to consent to a chemical test of the
person's whole blood, blood serum or
plasma, breath, or urine to
determine its alcohol content. (4) No judge or mayor shall grant limited driving privileges
for
employment as a driver of commercial motor vehicles to an
offender whose
driver's or commercial driver's license or permit
or nonresident
operating privilege has been suspended under
division (G) or
(H)
of section 4511.19 of the Revised Code, under
division (B) or (C)
of section 4511.191 of the Revised Code, or
under section 4510.07
of the Revised Code for a municipal OVI
conviction if the
offender is disqualified from operating a
commercial motor vehicle, or whose license or permit has been
suspended, under
section 3123.58 or 4506.16 of the
Revised Code. (5) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(G) or (H) of section 4511.19 of the Revised Code, under
division (C) of section 4511.191 of the Revised Code, or under
section 4510.07 of the Revised Code for a conviction of a
violation of a municipal OVI ordinance during any of the following
periods of time: (a) The first fifteen days of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code or a
comparable
length suspension imposed under section 4510.07 of the
Revised Code, or of a suspension
imposed under
division (C)(1)(a)
of section 4511.191 of the
Revised Code. On or after
the
sixteenth day of the suspension, the court may grant limited
driving privileges, but the court may require that the offender
shall not
exercise the privileges
unless the vehicles the offender
operates are equipped with
immobilizing or disabling devices that
monitor the offender's
alcohol consumption or any other type of
immobilizing or disabling
devices, except as provided in division
(C) of section 4510.43
of the Revised Code. (b) The first thirty days of a suspension imposed under
division
(G)(1)(b) of section 4511.19 of the Revised Code or a
comparable
length suspension imposed under section 4510.07 of the
Revised Code, or of a suspension
imposed under
division (C)(1)(b)
of section 4511.191 of the
Revised Code. On or after the
thirty-first day of
suspension, the court may grant limited
driving privileges, but the court may
require that the offender
shall not exercise the privileges
unless the vehicles the offender
operates are equipped with
immobilizing or disabling devices that
monitor the offender's
alcohol consumption or any other type of
immobilizing or disabling
devices, except as provided in division
(C) of section 4510.43
of the Revised Code. (c) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or a
comparable length suspension imposed under section 4510.07 of the
Revised Code. (d) The first one hundred eighty days of a suspension
imposed
under division (G)(1)(c) of section 4511.19 of the Revised
Code or
a comparable length suspension imposed under section
4510.07 of the Revised Code, or of a
suspension imposed under
division
(C)(1)(c) of section 4511.191 of
the Revised Code. The
judge may grant limited driving
privileges
on or after the one
hundred eighty-first day of the suspension only if the
judge, at
the time of granting the privileges, also
issues an order
prohibiting the offender, while exercising the
privileges during
the period commencing with the one hundred
eighty-first day of
suspension and ending with the first year of
suspension, from
operating any motor vehicle unless it is equipped
with an
immobilizing or disabling device that monitors the
offender's
alcohol consumption. After the first year of the
suspension, the
court may authorize the offender to continue
exercising the
privileges in vehicles that are not equipped with
immobilizing or
disabling devices that monitor the offender's
alcohol consumption,
except as provided in division (C) of section
4510.43 of the
Revised Code. If the offender does not petition for
limited
driving privileges until after the first year of
suspension, the
judge may grant limited driving privileges without
requiring the
use of an immobilizing or disabling device that
monitors the
offender's alcohol consumption. (e) The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or a
comparable length suspension imposed under section 4510.07 of
the Revised Code, or of a
suspension imposed under
division
(C)(1)(d) of section 4511.191 of the
Revised Code. The
judge may
grant limited driving privileges after the first three
years of
suspension only if the judge, at the time of granting the
privileges, also issues an order prohibiting the offender from
operating any motor vehicle, for the period of suspension
following the first three years of suspension, unless the motor
vehicle is equipped with an immobilizing or disabling device that
monitors the offender's alcohol consumption, except as provided in
division
(C) of section 4510.43 of the Revised Code. (6) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(B) of section 4511.191 of the Revised Code during any of
the following periods of time: (a) The first thirty days of suspension imposed under
division
(B)(1)(a) of section 4511.191 of the Revised Code; (b) The first ninety days of suspension imposed under
division
(B)(1)(b) of section 4511.191 of the Revised Code; (c) The first year of suspension imposed under division
(B)(1)(c)
of section 4511.191 of the Revised Code; (d) The first three years of suspension imposed under
division
(B)(1)(d) of section 4511.191 of the Revised Code. (7) In any case in which a judge or mayor grants limited
driving
privileges to an offender whose driver's or commercial
driver's license
or permit or nonresident operating privilege has
been suspended under
division (G)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code, under division (G)(1)(a) of section 4511.19 of the Revised Code for a violation of division (A)(1)(f), (g), (h), or (i) of that section, or under
section 4510.07 of the Revised Code for a
municipal OVI
conviction for which sentence would have been imposed under division (G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of the Revised Code had the offender been charged with and convicted of a violation of section 4511.19 of the Revised Code instead of a violation of the municipal OVI ordinance, the judge or mayor shall impose as a
condition of the privileges
that the offender must display on the
vehicle that is driven subject to the
privileges
restricted
license plates that are issued under section 4503.231 of the
Revised Code, except
as provided in division (B) of that section. (B) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to
section 4511.19 or 4511.191 of the Revised Code or
under
section 4510.07 of the Revised Code for a violation of a
municipal OVI ordinance may file a petition for
limited driving
privileges during the suspension. The person shall file the
petition
in the court that has jurisdiction over the
place of
arrest. Subject to division (A) of this section, the court
may
grant the person limited driving privileges during the
period
during which the suspension otherwise would be imposed.
However,
the court shall not grant the privileges for
employment as a
driver of a commercial motor vehicle to any person
who is
disqualified from operating a commercial motor vehicle
under
section 4506.16 of the Revised Code or during any of
the
periods
prescribed by division (A) of this section. (C)(1) After a driver's or commercial driver's license or
permit
or nonresident operating privilege has been suspended
pursuant to section
2903.06, 2903.08, 2903.11, 2907.24, 2921.331, 2923.02, 2929.02, 4511.19,
4511.251, 4549.02, 4549.021, or
5743.99 of the Revised Code, any
provision of
Chapter 2925. of the Revised Code, or section
4510.07
of the Revised Code for a violation of a municipal
OVI ordinance,
the judge of the
court or
mayor of the mayor's court that
suspended the license, permit, or privilege
shall cause the
offender to deliver to the court
the license or permit. The
judge, mayor, or clerk of the court or
mayor's court shall
forward
to the registrar the license or permit together with
notice of the
action of the court. (2) A suspension of a commercial driver's license under any
section or chapter identified in division (C)(1) of this section
shall be concurrent with any period of suspension or
disqualification under
section 3123.58 or 4506.16 of the Revised
Code. No person
who is
disqualified for life from holding a
commercial driver's license
under
section 4506.16 of the Revised
Code shall be issued a
driver's license under this chapter during
the period for which
the commercial driver's license was suspended
under this section,
and no person whose commercial driver's
license is suspended under
any section or chapter identified in
division (C)(1) of this
section
shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period of the
suspension. (3) No judge or mayor shall suspend any class one
suspension, or any portion of any class one suspension, 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. 4510.31. (A)(1) Except as provided in
division (C)
of
this section, the registrar of motor vehicles
shall suspend the
probationary driver's license, restricted
license,
or temporary
instruction permit issued to any
person when
the person
has been
convicted of, pleaded guilty to, or been
adjudicated in
juvenile
court of having committed, prior to the
person's eighteenth
birthday, any of the following: (a) Three separate violations of
section 2903.06,
2903.08,
2921.331, 4511.12, 4511.13,
4511.15, 4511.191,
4511.20, 4511.201,
4511.202,
4511.21, 4511.22, 4511.23, 4511.25 to
4511.48, 4511.57
to
4511.65, 4511.75, 4549.02, 4549.021, or
4549.03 of the Revised
Code,
section 4510.14 of the Revised Code
involving a
suspension
imposed under section 4511.191 or 4511.196
of the Revised
Code,
section 2903.04 of the
Revised Code in a case
in
which the
person
would have been subject to the sanctions
described in
division (D)
of that section had the person been
convicted of
the
violation of
that section, former section 2903.07
of the Revised Code, or any
municipal ordinances similarly
relating to the offenses referred
to in those
sections; (b) One violation of section 4511.19 of the Revised Code
or
a substantially similar municipal ordinance; (c) Two separate violations of any of
the Revised
Code
sections referred to in
division (A)(1)(a) of this
section, or any
municipal ordinance that is substantially similar
to any of those
sections. (2) Any person whose license or permit is suspended under
division
(A)(1)(a),
(b), or
(c) of
this section shall mail
or
deliver the person's probationary
driver's
license, restricted
license, or temporary
instruction permit to the registrar within
fourteen
days of notification of the suspension. The registrar
shall
retain the license or permit during the period of the
suspension. A
suspension pursuant to division (A)(1)(a) of this
section shall
be a class C
suspension, a
suspension
pursuant to
division (A)(1)(b) of this
section shall
be a class D suspension,
and a
suspension pursuant to division
(A)(1)(c) of this section
shall
be a class E suspension, all for the periods
of
time
specified in division (B) of section 4510.02 of the
Revised
Code.
If the person's probationary
driver's license, restricted
license,
or temporary
instruction permit is under suspension on
the
date
the court imposes sentence upon the person for a
violation
described in division (A)(1)(b) of this section, the
suspension
shall take effect on the next day immediately following
the end
of
that period of suspension. If the person is sixteen
years of
age
or older and pleads guilty to or is convicted of a
violation
described in division (A)(1)(b) of this section and
the
person
does not have
a current, valid probationary driver's
license,
restricted
license, or temporary instruction permit, the
registrar
shall
deny the issuance to the person of a
probationary
driver's
license, restricted license, driver's
license, commercial
driver's
license, or temporary instruction permit, as the case
may
be, for
six months beginning on
the date the court imposes
sentence upon
the person for the
violation. If the person has not
attained the
age of sixteen
years on the date the court imposes
sentence upon
the person
for the
violation, the period of denial
shall commence
on the date the
person attains the age of sixteen
years. (3) The registrar shall suspend the person's license or permit
under division (A) of this section regardless of whether the
disposition of the case in juvenile court occurred after the
person's eighteenth birthday. (B) The registrar also shall
impose a class D
suspension
for the period of time specified in division (B)(4) of
section
4510.02 of the Revised Code of the temporary
instruction
permit or
probationary driver's license of any person
under the
age of
eighteen who has been adjudicated
an unruly
child,
delinquent
child, or
juvenile traffic offender for having
committed
any act
that if committed by an adult would be a drug
abuse
offense
or a
violation of division (B) of section 2917.11 of the Revised
Code.
The registrar, in the registrar's discretion, may
terminate the
suspension
if the child,
at
the discretion of the
court,
attends
and satisfactorily completes a
drug
abuse or
alcohol abuse
education, intervention, or treatment
program
specified by the
court. Any person whose temporary
instruction
permit or
probationary driver's license is suspended
under this
division
shall mail or deliver the person's
permit or license
to
the
registrar within fourteen days of notification of the
suspension.
The registrar shall retain the permit or license
during
the
period
of the suspension. (C)(1)
Except as provided in division (C)(3) of this
section,
for
any
person who is
convicted of, pleads guilty to,
or is
adjudicated in juvenile
court of having committed a
second
or
third violation of section
4511.12,
4511.13, 4511.15, 4511.20
to
4511.23, 4511.25, 4511.26 to
4511.48, 4511.57 to 4511.65, or
4511.75 of the Revised Code or
any similar municipal ordinances
and whose license or permit is suspended
under division (A)(1)(a)
or (c) of
this section, the
court in which the
second or third
conviction, finding, plea, or
adjudication
resulting in the
suspension was made, upon petition of the
person, may grant the
person
limited driving privileges
during the
period
during which
the suspension otherwise would be imposed under
division
(A)(1)(a)
or (c) of this section
if the court finds
reasonable cause to
believe that the suspension will seriously affect the person's
ability
to
continue in employment,
educational training,
vocational
training,
or treatment.
In
granting
the limited
driving privileges, the court
shall
specify
the
purposes, times,
and places
of the privileges and may impose
any other conditions
upon
the person's
driving a motor
vehicle
that the court
considers reasonable and necessary. A court that grants
limited driving privileges
to a
person
under this division shall retain the person's
probationary
driver's license, restricted license, or temporary
instruction
permit during the period the
license or permit is
suspended and
also during the period for which
limited driving privileges are
granted, and shall
deliver to
the
person a permit card, in a form
to be prescribed by the
court,
setting forth the date on which the
limited
driving
privileges will become effective,
the purposes for
which the
person may
drive, the times and places at which
the
person may
drive, and any other conditions imposed upon the
person's use of a
motor vehicle. The court immediately shall notify the registrar, in
writing,
of a grant of
limited driving privileges
under this
division.
The
notification shall specify the date on which the
limited
driving
privileges will become effective,
the
purposes for which
the
person
may drive, the times and places at
which the person may
drive, and any other conditions imposed upon
the person's use of a
motor vehicle. The registrar shall not
suspend the probationary
driver's license, restricted
license, or
temporary instruction
permit
of any person pursuant to division
(A) of this section
during any
period for which the person has
been granted
limited
driving
privileges as provided
in this division, if the registrar
has
received the notification
described in this division from the
court. (2)
Except as provided in division (C)(3) of this
section,
in
any case in which the temporary instruction permit or
probationary
driver's license of a person under eighteen years of
age has been
suspended under
division (A) or (B) of this section
or any other
provision
of law, the
court may grant the person
limited driving
privileges for the purpose of the
person's
practicing of
driving
with the person's parent, guardian, or other
custodian during the
period of the suspension.
Any grant of
limited driving privileges
under this division shall
comply with
division (D) of section
4510.021 of the Revised Code. (3) A court shall not grant limited driving privileges to a
person
identified in division (C)(1) or (2) of this section if the
person,
within the preceding six years, has been convicted of,
pleaded guilty to, or
adjudicated in juvenile court of having
committed three or more violations of
one or more of the divisions
or sections set forth in divisions
(G)(2)(b) to (g) of equivalent offenses as defined in section
2919.22 4511.181
of the Revised Code. (D) If a
person who has been granted
limited
driving
privileges under division (C) of this section is convicted
of,
pleads guilty to, or is adjudicated in juvenile court of
having
committed, a violation of
Chapter
4510. of
the Revised Code, or
a
subsequent violation of any of
the
sections of
the Revised Code
listed in division
(A)(1)(a) of this section or any
similar
municipal ordinance
during the period for which the
person was
granted
limited driving privileges, the court that
granted
the
limited driving privileges shall
suspend
the person's permit
card. The court or the clerk
of the court
immediately shall
forward the person's probationary
driver's
license, restricted
license, or temporary
instruction
permit together with written
notification
of the court's action to
the registrar. Upon receipt
of the
license or permit and
notification, the registrar shall
impose a class C
suspension of the
person's probationary driver's
license,
restricted
license, or temporary instruction permit for
the
period of
time specified in division (B)(3) of section
4510.02 of the
Revised Code. The registrar shall retain
the
license or permit
during the period of suspension, and no further
limited
driving privileges shall be granted during
that period. (E) No application for a driver's or commercial driver's
license shall be received from any person whose probationary
driver's license, restricted license, or temporary
instruction
permit has been suspended under
this section until
each of the
following has occurred: (1) The suspension period has expired; (2) A temporary
instruction permit or commercial driver's
license temporary
instruction permit has been issued; (3) The person successfully completes a juvenile driver
improvement program approved by the registrar under
section
4510.311
of the Revised
Code; (4) The
applicant has
submitted to the examination for a
driver's license as provided
for in section 4507.11 or a
commercial driver's license as
provided in Chapter 4506. of the
Revised Code.
Section 2. That existing sections 2919.22, 3319.088, 3319.41, 4510.13, and 4510.31 of the Revised Code are hereby repealed.
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