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H. B. No. 191 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Murray, Hagan, Fende, Harris, Boyd, Okey, Chandler, Domenick, Heard, Brown
A BILL
To amend sections 2743.51, 2903.06, 2929.01, 2935.03,
4503.234, 4510.17, 4510.41, 4511.181, and 4511.251
and to enact section 4511.253 of the Revised Code
to increase the penalties for street racing and to
create the offense of "street racing
manslaughter."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2743.51, 2903.06, 2929.01, 2935.03,
4503.234, 4510.17, 4510.41, 4511.181, and 4511.251 be amended and
section 4511.253 of the Revised Code be enacted to read as
follows:
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of
the
Revised Code:
(A)
"Claimant" means both of the following categories of
persons:
(1) Any of the following persons who claim an award of
reparations under sections 2743.51 to 2743.72 of the Revised
Code:
(a) A victim who was one of the following at the time of
the
criminally injurious conduct:
(i) A resident of the United States;
(ii) A resident of a foreign country the laws of which
permit
residents of this state to recover compensation as victims
of
offenses committed in that country.
(b) A dependent of a deceased victim who is described in
division (A)(1)(a) of this section;
(c) A third person, other than a collateral source, who
legally assumes or voluntarily pays the obligations of a victim,
or of a dependent of a victim, who is described in division
(A)(1)(a) of this section, which obligations are incurred as a
result of the criminally injurious conduct that is the subject of
the claim and may include, but are not limited to, medical or
burial expenses;
(d) A person who is authorized to act on behalf of any
person
who is described in division (A)(1)(a), (b), or (c) of
this
section;
(e) The estate of a deceased victim who is described in
division (A)(1)(a) of this section.
(2) Any of the following persons who claim an award of
reparations under sections 2743.51 to 2743.72 of the Revised
Code:
(a) A victim who had a permanent place of residence within
this state at the time of the criminally injurious conduct and
who, at the time of the criminally injurious conduct, complied
with any one of the following:
(i) Had a permanent place of employment in this state;
(ii) Was a member of the regular armed forces of the
United
States or of the United States coast guard or was a
full-time
member of the Ohio organized militia or of the United
States army
reserve, naval reserve, or air force reserve;
(iii) Was retired and receiving social security or any
other
retirement income;
(iv) Was sixty years of age or older;
(v) Was temporarily in another state for the purpose of
receiving medical treatment;
(vi) Was temporarily in another state for the purpose of
performing employment-related duties required by an employer
located within this state as an express condition of employment
or
employee benefits;
(vii) Was temporarily in another state for the purpose of
receiving occupational, vocational, or other job-related training
or instruction required by an employer located within this state
as an express condition of employment or employee benefits;
(viii) Was a full-time student at an academic institution,
college, or university located in another state;
(ix) Had not departed the geographical boundaries of this
state for a period exceeding thirty days or with the intention of
becoming a citizen of another state or establishing a permanent
place of residence in another state.
(b) A dependent of a deceased victim who is described in
division (A)(2)(a) of this section;
(c) A third person, other than a collateral source, who
legally assumes or voluntarily pays the obligations of a victim,
or of a dependent of a victim, who is described in division
(A)(2)(a) of this section, which obligations are incurred as a
result of the criminally injurious conduct that is the subject of
the claim and may include, but are not limited to, medical or
burial expenses;
(d) A person who is authorized to act on behalf of any
person
who is described in division (A)(2)(a), (b), or (c) of
this
section;
(e) The estate of a deceased victim who is described in
division (A)(2)(a) of this section.
(B)
"Collateral source" means a source of benefits or
advantages for economic loss otherwise reparable that the victim
or claimant has received, or that is readily available to the
victim or claimant, from any of the following sources:
(2) The government of the United States or any of its
agencies, a state or any of its political subdivisions, or an
instrumentality of two or more states, unless the law providing
for the benefits or advantages makes them excess or secondary to
benefits under sections 2743.51 to 2743.72 of the Revised Code;
(3) Social security, medicare, and medicaid;
(4) State-required, temporary, nonoccupational disability
insurance;
(5) Workers' compensation;
(6) Wage continuation programs of any employer;
(7) Proceeds of a contract of insurance payable to the
victim
for loss that the victim sustained because of the
criminally
injurious conduct;
(8) A contract providing prepaid hospital and other health
care services, or benefits for disability;
(9) That portion of the proceeds of all contracts of
insurance payable to the claimant on account of the death of the
victim that exceeds fifty thousand dollars;
(10) Any compensation recovered or recoverable under the
laws
of another state, district, territory, or foreign country
because
the victim was the victim of an offense committed in that
state,
district, territory, or country.
"Collateral source" does not include any money, or the
monetary value of any property, that is subject to sections
2969.01 to 2969.06 of the Revised Code or that is received as a
benefit from the Ohio public safety officers death benefit fund
created by section 742.62 of the Revised Code.
(C)
"Criminally injurious conduct" means one of the
following:
(1) For the purposes of any person described in division
(A)(1) of this section, any conduct that occurs or is attempted
in
this state; poses a substantial threat of personal injury or
death; and is punishable by fine, imprisonment, or death, or
would
be so punishable but for the fact that the person engaging
in the
conduct lacked capacity to commit the crime under the laws
of this
state. Criminally injurious conduct does not include
conduct
arising out of the ownership, maintenance, or use of a
motor
vehicle, except when any of the following applies:
(a) The person engaging in the conduct intended to cause
personal injury or death;
(b) The person engaging in the conduct was using the
vehicle
to flee immediately after committing a felony or an act
that would
constitute a felony but for the fact that the person
engaging in
the conduct lacked the capacity to commit the felony
under the
laws of this state;
(c) The person engaging in the conduct was using the
vehicle
in a manner that constitutes an
OVI
violation;
(d) The conduct occurred on or after July 25, 1990, and
the
person engaging in the conduct was using the vehicle in a
manner
that constitutes a violation of section 2903.08 of the
Revised
Code;
(e) The person engaging in the conduct acted in a manner that
caused serious physical harm to a person and that constituted a
violation of section 4549.02 or 4549.021 of the Revised Code.
(2) For the purposes of any person described in division
(A)(2) of this section, any conduct that occurs or is attempted
in
another state, district, territory, or foreign country; poses
a
substantial threat of personal injury or death; and is
punishable
by fine, imprisonment, or death, or would be so
punishable but for
the fact that the person engaging in the
conduct lacked capacity
to commit the crime under the laws of the
state, district,
territory, or foreign country in which the
conduct occurred or was
attempted. Criminally injurious conduct
does not include conduct
arising out of the ownership,
maintenance, or use of a motor
vehicle, except when any of the
following applies:
(a) The person engaging in the conduct intended to cause
personal injury or death;
(b) The person engaging in the conduct was using the
vehicle
to flee immediately after committing a felony or an act
that would
constitute a felony but for the fact that the person
engaging in
the conduct lacked the capacity to commit the felony
under the
laws of the state, district, territory, or foreign
country in
which the conduct occurred or was attempted;
(c) The person engaging in the conduct was using the
vehicle
in a manner that constitutes an
OVI
violation;
(d) The conduct occurred on or after July 25, 1990, the
person engaging in the conduct was using the vehicle in a manner
that constitutes a violation of any law of the state, district,
territory, or foreign country in which the conduct occurred, and
that law is substantially similar to a violation of section
2903.08 of the Revised Code;
(e) The person engaging in the conduct acted in a manner that
caused serious physical harm to a person and that constituted a
violation of any law of the state, district, territory, or foreign
country in which the conduct occurred, and that law is
substantially similar to section 4549.02 or 4549.021 of the
Revised Code.
(3) For the purposes of any person described in division
(A)(1) or (2) of
this section, terrorism that occurs within or
outside the territorial
jurisdiction of the United States.
(D)
"Dependent" means an individual wholly or partially
dependent upon the victim for care and support, and includes a
child of the victim born after the victim's death.
(E)
"Economic loss" means economic detriment consisting
only
of allowable expense, work loss, funeral expense,
unemployment
benefits loss, replacement services loss,
cost of crime scene
cleanup, and cost of evidence replacement. If
criminally
injurious
conduct causes death, economic loss includes
a
dependent's
economic loss and a dependent's replacement
services
loss.
Noneconomic detriment is not economic loss;
however,
economic loss
may be caused by pain and suffering or
physical
impairment.
(F)(1)
"Allowable expense" means reasonable charges incurred
for reasonably needed products, services, and accommodations,
including those for medical care, rehabilitation, rehabilitative
occupational training, and other remedial treatment and care and
including replacement costs for eyeglasses and other corrective
lenses. It does not include that portion of a charge for a room
in
a hospital, clinic, convalescent home, nursing home, or any
other
institution engaged in providing nursing care and related
services
in excess of a reasonable and customary charge for
semiprivate
accommodations, unless accommodations other than
semiprivate
accommodations are medically required.
(2) An immediate family member of a victim of
criminally
injurious conduct that consists of a homicide, a sexual assault,
domestic violence, or a severe and permanent incapacitating injury
resulting
in
paraplegia or a similar life-altering condition, who
requires psychiatric care
or counseling as a result of the
criminally injurious conduct, may be
reimbursed for that care or
counseling as an allowable expense through the
victim's
application. The cumulative allowable expense for care or
counseling
of that nature shall not exceed two thousand five
hundred dollars for each immediate family member of a victim of
that type
and seven thousand five hundred dollars in the aggregate
for all immediate family members of a victim of that type.
(3) A family member of a victim who died as a proximate
result of criminally injurious conduct may be reimbursed as an
allowable expense through the victim's application for wages lost
and travel expenses incurred in order to attend criminal justice
proceedings arising from the criminally injurious conduct. The
cumulative allowable expense for wages lost and travel expenses
incurred by a family member to attend criminal justice proceedings
shall not exceed five hundred dollars for each family member of
the victim and two thousand dollars in the aggregate for all
family members of the victim.
(4) "Allowable expense" includes attorney's fees not
exceeding two thousand five hundred dollars, at a rate not
exceeding one hundred fifty dollars per hour, incurred to
successfully obtain a restraining order, custody order, or other
order to physically separate a victim from an offender, if the
attorney has not received payment under section 2743.65 of the
Revised Code for assisting a claimant with an application for an
award of reparations under sections 2743.51 to 2743.72 of the
Revised Code.
(G)
"Work loss" means loss of income from work
that the
injured person would have
performed if the person had not
been
injured
and expenses reasonably incurred by the person to obtain
services in
lieu of those the person would have performed for
income,
reduced by any
income from substitute work actually
performed by the
person, or by
income the person would have earned
in available appropriate
substitute
work that the person was
capable of performing but
unreasonably failed to
undertake.
(H)
"Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu of
those the injured person would have performed, not for income,
but
for the benefit of the person's self or
family, if the person had
not been
injured.
(I)
"Dependent's economic loss" means loss after a
victim's
death of contributions of things of economic value to
the victim's
dependents, not including services they would
have received
from
the victim if the victim had not suffered the fatal
injury, less
expenses of the dependents avoided by reason of the victim's
death. If a minor child of a victim is adopted after the victim's
death,
the minor child continues after the adoption to incur a
dependent's economic
loss as a result of the victim's death. If
the surviving spouse of a victim
remarries, the surviving spouse
continues after the remarriage to incur a
dependent's economic
loss as a result of the victim's death.
(J)
"Dependent's replacement services loss" means loss
reasonably incurred by dependents after a victim's death in
obtaining ordinary and necessary services in lieu of those the
victim would have performed for their benefit if the victim
had
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in
calculating the dependent's economic loss. If a minor child of a
victim is
adopted after the victim's death, the minor child
continues after the adoption
to incur a dependent's replacement
services loss as a result of the victim's
death. If the surviving
spouse of a victim remarries, the surviving spouse
continues after
the remarriage to incur a dependent's replacement services
loss as
a result of the victim's death.
(K)
"Noneconomic detriment" means pain, suffering,
inconvenience, physical impairment, or other nonpecuniary damage.
(L)
"Victim" means a person who suffers personal injury or
death as a result of any of the following:
(1) Criminally injurious conduct;
(2) The good faith effort of any person to prevent
criminally
injurious conduct;
(3) The good faith effort of any person to apprehend a
person
suspected of engaging in criminally injurious conduct.
(M)
"Contributory misconduct" means any conduct of the
claimant or of the victim through whom the claimant claims an
award of reparations that is unlawful or intentionally tortious
and that, without regard to the conduct's proximity in time or
space to the criminally injurious conduct, has a causal
relationship to the criminally injurious conduct that is the
basis
of the claim.
(N)(1)
"Funeral expense" means any reasonable charges that
are
not in excess of seven thousand
five hundred dollars per
funeral and that
are
incurred for expenses directly related to a
victim's
funeral,
cremation, or burial and any wages lost or
travel expenses incurred by a family member of a victim in order
to attend the victim's funeral, cremation, or burial.
(2) An award for funeral expenses shall be applied first to
expenses directly related to the victim's funeral, cremation, or
burial. An award for wages lost or travel expenses incurred by a
family member of the victim shall not exceed five hundred dollars
for each family member and shall not exceed in the aggregate the
difference between seven thousand five hundred dollars and
expenses that are reimbursed by the program and that are directly
related to the victim's funeral, cremation, or burial.
(O)
"Unemployment benefits loss" means a loss of
unemployment
benefits pursuant to Chapter 4141. of the Revised
Code when the
loss arises solely from the inability of a victim
to
meet the able
to work, available for suitable work, or the
actively seeking
suitable work requirements of division (A)(4)(a)
of section
4141.29 of the Revised Code.
(P)
"OVI violation" means any of the following:
(1) A violation of section 4511.19 of the Revised Code, of
any municipal ordinance prohibiting the operation of a vehicle
while under the influence of alcohol, a drug of abuse, or
a
combination of them, or of any municipal
ordinance prohibiting
the
operation of a vehicle with a prohibited
concentration of
alcohol,
a controlled substance, or a metabolite of a controlled substance
in the
whole blood,
blood serum or
plasma,
breath, or urine;
(2) A violation of division (A)(1) of section 2903.06 of the
Revised Code;
(3) A violation of division (A)(2), (3), or (4), or (5) of
section
2903.06 of the
Revised Code or
of a municipal ordinance
substantially similar to any of those divisions,
if the offender
was under the influence of alcohol, a drug of
abuse, or
a
combination of them, at the time of the
commission of the offense;
(4) For purposes of any person described in division
(A)(2)
of this section, a violation of any law of the state,
district,
territory, or foreign country in which the criminally
injurious
conduct occurred, if that law is substantially similar
to a
violation described in division (P)(1) or (2) of this section or
if
that law is substantially similar to a violation described in
division (P)(3) of this section and the offender was under
the
influence of alcohol, a drug of abuse, or
a
combination of them,
at the time of the commission of the
offense.
(Q)
"Pendency of the claim" for an original reparations
application or supplemental reparations application means the
period of time
from the date the criminally injurious conduct upon
which the application is
based occurred until the date a final
decision, order,
or judgment concerning that original reparations
application or supplemental
reparations application is issued.
(R)
"Terrorism" means any activity to which all of
the
following apply:
(1) The activity involves a violent act or an act that is
dangerous to human life.
(2) The act described in division
(R)(1) of this section is
committed within the territorial jurisdiction of the
United
States
and is a violation of
the criminal laws of the United
States, this
state, or any
other state or the act described in division
(R)(1)
of this section is
committed outside the territorial jurisdiction
of the
United
States and would be a violation
of the criminal laws
of the
United
States, this state, or any
other state if committed
within the territorial jurisdiction of
the United
States.
(3) The activity appears to be intended to do any of the
following:
(a) Intimidate or coerce a civilian
population;
(b) Influence the policy of any government by
intimidation
or
coercion;
(c) Affect the conduct of any government by
assassination or
kidnapping.
(4) The activity occurs primarily outside the territorial
jurisdiction of the United
States or transcends the
national
boundaries of the
United States in terms of the means by
which the
activity is accomplished, the person or persons that
the activity
appears intended to intimidate or coerce, or the
area or locale in
which the perpetrator or perpetrators of the
activity operate or
seek asylum.
(S)
"Transcends the national boundaries of the
United
States"
means occurring outside
the territorial jurisdiction of
the
United
States in addition to occurring
within the territorial
jurisdiction of the
United States.
(T)
"Cost of crime scene cleanup" means reasonable and
necessary
costs of cleaning the scene and repairing, for the
purpose of personal security, property damaged at the scene where
the criminally
injurious conduct occurred,
not to exceed seven
hundred fifty
dollars in the aggregate per claim.
(U)
"Cost of evidence replacement" means costs for
replacement of
property confiscated for evidentiary purposes
related to the criminally injurious conduct, not to exceed seven
hundred fifty
dollars in the aggregate per claim.
(V)
"Provider" means any person who provides a victim or
claimant
with a
product, service, or accommodations that are an
allowable expense or a funeral
expense.
(W)
"Immediate family member" means an individual who resided
in the same permanent household as a victim at the time of the
criminally injurious conduct and who is
related
to the victim by
affinity or
consanguinity.
(X) "Family member" means an individual who is related to a
victim by affinity or consanguinity.
Sec. 2903.06. (A) No person, while operating or
participating in the operation of a motor vehicle, motorcycle,
snowmobile, locomotive, watercraft, or aircraft, shall
cause the
death of another or the unlawful termination of another's
pregnancy
in any of the following ways:
(1)(a) As the proximate result of committing a violation of
division
(A) of section 4511.19 of the Revised Code or of a
substantially
equivalent municipal ordinance;
(b) As the proximate result of committing a violation of
division (A) of section 1547.11 of the Revised Code or of a
substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of
division (A)(3) of section 4561.15 of the Revised Code or of a
substantially equivalent municipal ordinance.
(2) In one of the following ways:
(b) As the proximate result of committing, while operating or
participating in the operation of a motor vehicle or motorcycle in
a construction zone, a reckless operation offense, provided that
this division applies only if the person whose death is caused or
whose pregnancy is unlawfully terminated is in the construction
zone at the time of the offender's commission of the reckless
operation offense in the construction zone and does not apply as
described in division (F)(G) of this section.
(3) In one of the following ways:
(b) As the proximate result of committing, while operating or
participating in the operation of a motor vehicle or motorcycle in
a construction zone, a speeding offense, provided that this
division applies only if the person whose death is caused or whose
pregnancy is unlawfully terminated is in the construction zone at
the time of the offender's commission of the speeding offense in
the construction zone and does not apply as described in division
(F) of this section.
(4) As the proximate result of committing a violation of any
provision of any section contained in Title XLV of the Revised
Code that is
a minor misdemeanor or of a municipal ordinance that,
regardless of the
penalty
set by ordinance for the violation, is
substantially equivalent to any
provision of any section contained
in Title XLV of the Revised Code that is
a minor
misdemeanor;
(5) As the proximate result of committing, while operating or
participating in the operation of a motor vehicle or motorcycle
upon a public road, street, or highway in this state, a violation
of division (B) of section 4511.251 of the Revised Code or of a
substantially equivalent municipal ordinance. Every operator of
every motor vehicle and motorcycle involved in the street race is
criminally culpable under division (A)(5) of this section,
irrespective of whether or not such an operator's motor vehicle or
motorcycle made contact with any other motor vehicle or
motorcycle.
(B)(1) Whoever violates division (A)(1) or (2) of
this
section is guilty of aggravated
vehicular homicide and shall be
punished as provided in
divisions (B)(2) and (3) of this
section.
(2)(a) Except as otherwise provided in division (B)(2)(b) or
(c) of this section,
aggravated
vehicular homicide committed in
violation of division
(A)(1) of this
section is a felony of the
second degree and the court shall impose a mandatory prison term
on the offender as described in division (E)(F) of this section.
(b) Except as otherwise provided in division (B)(2)(c) of
this section, aggravated vehicular homicide committed in violation
of division
(A)(1) of this section is a
felony of the first
degree, and the court shall impose a mandatory prison term on the
offender as described in division (E)(F) of this section, if any
of
the following apply:
(i) At the
time of the offense, the offender was
driving
under a suspension or cancellation
imposed under Chapter
4510.
or
any other
provision of the
Revised
Code or was operating a motor
vehicle or motorcycle, did not have a
valid driver's license,
commercial driver's license, temporary
instruction permit,
probationary license, or nonresident operating
privilege, and was
not eligible for renewal of the offender's driver's license or
commercial driver's license without examination under section
4507.10 of the Revised Code.
(ii) The offender previously has been convicted of
or
pleaded
guilty
to a violation of this section.
(iii) The offender previously has been convicted of or
pleaded guilty to any
traffic-related
homicide, manslaughter, or
assault
offense.
(c) Aggravated vehicular homicide committed in violation of
division (A)(1) of this section is a felony of the first degree,
and the court shall sentence the offender to a mandatory prison
term as provided in section 2929.142 of the Revised Code and
described in division (E)(F) of this section if any of the
following
apply:
(i) The offender previously has been convicted of or pleaded
guilty to
three or more
prior violations
of section 4511.19 of the
Revised Code or
of a
substantially
equivalent municipal ordinance
within the previous
six
years.
(ii) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A) of
section 1547.11 of the Revised Code or of a substantially
equivalent municipal ordinance within the previous six years.
(iii) The offender previously has been convicted of or
pleaded guilty to three or more prior violations of division
(A)(3) of section 4561.15 of the Revised Code or of a
substantially equivalent municipal ordinance within the previous
six years.
(iv) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A)(1) of
this section within the previous six years.
(v) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A)(1) of
section 2903.08 of the Revised Code within the previous six years.
(vi) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of section 2903.04 of the
Revised Code within the previous six years in circumstances in
which division (D) of that section applied regarding the
violations.
(vii) The offender previously has been convicted of or
pleaded guilty to three or more violations of any combination of
the offenses listed in division (B)(2)(c)(i), (ii), (iii), (iv),
(v), or (vi) of this section within the previous six years.
(viii) The offender previously has been convicted of or
pleaded guilty to a
second or subsequent felony violation of
division
(A) of section
4511.19 of the Revised Code.
(ix) The offender is convicted of, or pleads guilty to, a
violation described in division (A)(1)(a), (b), or (c) of this
section, and the offender's committing of the violation was the
proximate cause of the death of the other person or the unlawful
termination of the other person's pregnancy, as prohibited by
division (A) of this section.
(d) In addition to any other sanctions imposed pursuant to
division (B)(2)(a), (b), or (c) of this section for aggravated
vehicular homicide committed in violation of division (A)(1) of
this section, the court shall
impose upon the offender a class one
suspension
of the offender's
driver's license, commercial driver's
license,
temporary
instruction permit, probationary license, or
nonresident
operating
privilege
as specified in division (A)(1) of
section
4510.02 of
the Revised Code.
(3) Except as otherwise provided in this division,
aggravated
vehicular homicide committed in violation of division
(A)(2) of
this section is a felony of the third degree.
Aggravated
vehicular
homicide
committed in violation
of division
(A)(2) of
this section
is a felony of the second
degree if, at the
time of
the offense,
the offender was driving under a
suspension or cancellation
imposed
under Chapter
4510. or any
other
provision
of the Revised
Code or was operating a motor vehicle or motorcycle, did not have
a valid driver's license, commercial
driver's license, temporary
instruction permit, probationary
license, or nonresident
operating privilege, and was not eligible for renewal of the
offender's driver's license or commercial driver's license without
examination under section 4507.10 of the Revised Code
or if the
offender
previously
has
been convicted of or
pleaded
guilty to
a
violation
of this
section
or any traffic-related
homicide,
manslaughter, or
assault
offense. The court shall impose a
mandatory prison term on
the offender when required by division
(E)(F) of this section.
In addition to any other sanctions imposed pursuant to this
division for a violation of division (A)(2) of this section, the
court shall
impose upon the offender a class two suspension of the
offender's
driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating
privilege
from the
range specified in division (A)(2) of
section
4510.02 of the Revised Code or, if the offender previously
has been convicted of or pleaded guilty to a traffic-related
murder, felonious assault, or attempted murder offense, a class
one suspension of the offender's driver's license, commercial
driver's license, temporary instruction permit, probationary
license, or nonresident operating privilege as specified in
division (A)(1) of that section.
(C) Whoever violates division (A)(3) of this section is
guilty of
vehicular homicide. Except as otherwise provided in
this
division,
vehicular homicide is a misdemeanor of the first
degree.
Vehicular homicide committed in violation of division (A)(3) of
this section is a felony of the fourth degree if,
at the
time of
the offense, the offender was driving under a
suspension
or
cancellation imposed under Chapter 4510. or any
other
provision
of the
Revised Code or was operating a motor
vehicle or
motorcycle, did not have a valid
driver's license,
commercial
driver's license, temporary
instruction permit,
probationary
license, or nonresident operating
privilege, and was
not
eligible for renewal of the offender's driver's license or
commercial driver's license without examination under section
4507.10 of the Revised Code
or if the
offender
previously has
been
convicted of or
pleaded guilty to a violation of this
section
or
any
traffic-related homicide, manslaughter, or assault
offense.
The
court shall impose a mandatory jail term or a mandatory
prison
term on the offender when required by division (E)(F) of
this
section.
In addition to any other sanctions imposed pursuant to this
division, the court shall
impose upon the offender a class four
suspension of the
offender's
driver's license, commercial driver's
license,
temporary
instruction permit, probationary license, or
nonresident
operating
privilege
from the
range specified in
division (A)(4) of section
4510.02 of the Revised Code,
or, if the
offender previously
has
been convicted of or pleaded
guilty to a
violation of this
section
or any traffic-related
homicide,
manslaughter, or assault
offense,
a
class three
suspension of the
offender's driver's license,
commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating
privilege from the
range specified in division (A)(3) of
that section, or, if the offender previously has been convicted of
or pleaded guilty to a traffic-related murder, felonious assault,
or attempted murder offense, a class two suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege as specified in division (A)(2) of that
section.
(D) Whoever violates division (A)(4) of this section is
guilty of
vehicular manslaughter. Except as otherwise provided in
this division,
vehicular manslaughter is a misdemeanor of the
second
degree. Vehicular manslaughter is a misdemeanor of the
first
degree if, at the time of the offense, the offender was
driving
under a suspension or cancellation imposed under Chapter
4510.
or
any
other provision of the Revised Code
or was operating
a motor vehicle or motorcycle, did not have a valid driver's
license, commercial driver's license,
temporary instruction
permit, probationary license, or nonresident
operating privilege,
and was not eligible for renewal of the offender's driver's
license or commercial driver's license without examination under
section 4507.10 of the Revised Code or if the offender
previously
has been
convicted of or pleaded guilty to a
violation
of this
section or
any traffic-related homicide, manslaughter, or
assault
offense.
In addition to any other sanctions imposed pursuant to this
division, the court shall
impose upon the offender a class six
suspension of the
offender's
driver's license, commercial driver's
license,
temporary
instruction permit, probationary license, or
nonresident
operating
privilege
from
the range specified in
division (A)(6) of
section
4510.02
of the Revised Code
or, if the
offender
previously has
been convicted of or pleaded guilty to a
violation
of this
section, any traffic-related homicide,
manslaughter, or
assault
offense,
or a traffic-related murder,
felonious assault, or attempted murder offense, a
class four
suspension of the offender's driver's
license,
commercial driver's
license, temporary instruction
permit,
probationary license, or
nonresident
operating privilege
from the
range specified in
division (A)(4)
of
that section.
(E)(1) Whoever violates division (A)(5) of this section is
guilty of street racing manslaughter, a felony of the second
degree. In addition to any other sanctions, the court shall impose
upon the offender a class two suspension of the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege for a period prescribed in division (A)(2) of section
4510.02 of the Revised Code, which period shall be not less than
five years.
(2) In addition to any other sanctions, the court shall order
the criminal forfeiture of the motor vehicle the offender was
operating at the time the offender violated division (A)(5) of
this section if either of the following applies:
(a) The motor vehicle the offender was operating at the time
of such violation is registered in the offender's name.
(b) The motor vehicle the offender was operating at the time
of such violation is not registered in the offender's name but is
registered in the name of another person, and the person in whose
name the motor vehicle is registered or the person in control of
the motor vehicle permitted the offender to operate the motor
vehicle and that person knew or had reasonable cause to believe
that the offender would operate the motor vehicle in violation of
section 4511.251 of the Revised Code or a substantially equivalent
municipal ordinance.
(3) Any forfeiture of a motor vehicle under division (E)(2)
of this section shall be in accordance with section 4503.234 of
the Revised Code. If title to a motor vehicle that is subject to
an order of criminal forfeiture under this section is assigned or
transferred and division (B)(2) or (3) of section 4503.234 of the
Revised Code applies, the court, in addition to any other
sanctions, may fine the offender the value of the vehicle as
determined by publications of the national auto dealers
association. The proceeds of any fine so imposed shall be
distributed in accordance with division (C)(2) of that section.
(F) The court shall impose a mandatory prison term on an
offender who
is convicted of or pleads guilty to a violation of
division (A)(1)
of this section. If division (B)(2)(c)(i), (ii),
(iii), (iv), (v), (vi), (vii), or (viii) of this section applies
to an offender who is convicted of or pleads guilty to the
violation of division (A)(1) of this section, the court shall
impose the mandatory prison term pursuant to section 2929.142 of
the Revised Code. The court shall impose a mandatory jail term of
at least fifteen days on an offender who is convicted of or pleads
guilty to a misdemeanor violation of division (A)(3)(b) of this
section and may impose upon the offender a longer jail term as
authorized pursuant to section 2929.24 of the Revised Code. The
court shall impose a
mandatory prison term on an
offender who is
convicted of or pleads
guilty to a
violation of division (A)(2) or
(3)(a) of this section or a felony violation of division (A)(3)(b)
of this section if
either of
the following applies:
(1) The
offender previously has been convicted of or
pleaded
guilty to a violation of this section or section
2903.08 of the
Revised
Code.
(2) At the time of the offense, the
offender was driving
under suspension or cancellation under Chapter
4510.
or any other
provision
of
the
Revised
Code or was operating a motor vehicle or
motorcycle, did not have a valid
driver's license, commercial
driver's license, temporary
instruction permit, probationary
license, or nonresident operating
privilege, and was not eligible
for renewal of the offender's driver's license or commercial
driver's license without examination under section 4507.10 of the
Revised Code.
(F)(G) Divisions (A)(2)(b) and (3)(b) of this section do not
apply in a particular construction zone unless signs of the type
described in section 2903.081 of the Revised Code are erected in
that construction zone in accordance with the guidelines and
design specifications established by the director of
transportation under section 5501.27 of the Revised Code. The
failure to erect signs of the type described in section 2903.081
of the Revised Code in a particular construction zone in
accordance with those guidelines and design specifications does
not limit or affect the application of division (A)(1), (A)(2)(a),
(A)(3)(a), or (A)(4) of this section in that construction zone or
the prosecution of any person who violates any of those divisions
in that construction zone.
(G)(H)(1) As used in this section:
(a)
"Mandatory prison term" and "mandatory jail term" have
the same
meanings as in
section 2929.01 of the Revised Code.
(b)
"Traffic-related homicide,
manslaughter, or assault
offense"
means a violation of section 2903.04 of the Revised Code
in
circumstances in which division (D) of that section applies, a
violation of section 2903.06 or 2903.08 of the Revised Code, or a
violation of section 2903.06, 2903.07, or 2903.08 of the Revised
Code as they
existed prior
to
March
23,
2000.
(c) "Construction zone" has the same meaning as in section
5501.27 of the Revised Code.
(d) "Reckless operation offense" means a
violation of
section 4511.20 of the Revised Code or a
municipal ordinance
substantially equivalent to section 4511.20 of
the Revised Code.
(e) "Speeding offense" means a violation of section 4511.21
of the Revised Code or a municipal ordinance pertaining to speed.
(f) "Traffic-related murder, felonious assault, or attempted
murder offense" means a violation of section 2903.01 or 2903.02 of
the Revised Code in circumstances in which the offender used a
motor vehicle as the means to commit the violation, a violation of
division (A)(2) of section 2903.11 of the Revised Code in
circumstances in which the deadly weapon used in the commission of
the violation is a motor vehicle, or an attempt to commit
aggravated murder or murder in violation of section 2923.02 of the
Revised Code in circumstances in which the offender used a motor
vehicle as the means to attempt to commit the aggravated murder or
murder.
(g) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(2) For the purposes of this section, when a penalty or
suspension is enhanced because of a prior or current violation of
a specified law or a prior or current specified offense, the
reference to the violation of the specified law or the specified
offense includes any violation of any substantially equivalent
municipal ordinance, former law of this state, or current or
former law of another state or the United States.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to
division (A)(2)
of this section, any facility other than an
offender's home
or residence in which an offender is assigned to
live
and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek
or maintain
employment or may receive education, training,
treatment, or
habilitation.
(b) It has received the appropriate license or certificate
for any
specialized education, training, treatment, habilitation,
or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education,
training, treatment, habilitation, or service.
(2) "Alternative residential facility" does
not include a
community-based correctional facility, jail,
halfway house, or
prison.
(B)
"Basic probation supervision" means a
requirement that
the offender maintain contact with a person
appointed
to supervise
the offender in accordance
with sanctions imposed by the court or
imposed by the parole board pursuant to
section 2967.28 of the
Revised Code. "Basic probation supervision"
includes basic parole
supervision and basic post-release control
supervision.
(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the
same meanings as in section 2925.01 of the
Revised Code.
(D) "Community-based correctional
facility" means a
community-based correctional facility and
program or district
community-based correctional facility and
program developed
pursuant to sections 2301.51 to 2301.58 of the
Revised Code.
(E) "Community control sanction"
means a sanction that is
not
a prison term and that is described
in section 2929.15,
2929.16,
2929.17, or 2929.18 of the Revised
Code
or a sanction
that is not
a jail term and that is described in
section 2929.26,
2929.27, or
2929.28 of the Revised Code.
"Community control
sanction"
includes probation if the sentence involved was
imposed
for a
felony that was committed prior to July 1, 1996, or if
the
sentence involved was imposed for a misdemeanor that was committed
prior
to January 1, 2004.
(F) "Controlled substance," "marihuana," "schedule I,"
and
"schedule II" have the same meanings as in section 3719.01 of the
Revised
Code.
(G) "Curfew" means a requirement that
an offender during a
specified period of time be at a designated
place.
(H) "Day reporting" means a sanction
pursuant to which an
offender is required each day to report to
and leave a center or
other approved reporting location at
specified times in order to
participate in work, education or
training, treatment, and other
approved programs at the center or
outside the center.
(I) "Deadly weapon" has the same
meaning as in section
2923.11 of the Revised
Code.
(J) "Drug and alcohol use monitoring"
means a program
under
which an offender agrees to submit to
random chemical
analysis of
the offender's blood, breath, or urine to
determine
whether the
offender has ingested any alcohol or other
drugs.
(K) "Drug treatment program" means
any program under which
a
person undergoes assessment and treatment designed
to
reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and
treatment on an outpatient basis or may be required to
reside at a
facility other than the person's home or residence while
undergoing assessment and treatment.
(L) "Economic loss" means any
economic detriment suffered
by
a victim as a direct and proximate result of the commission of
an
offense and includes
any loss
of income due to lost
time at
work
because of any injury
caused to the victim, and any
property
loss,
medical cost, or
funeral expense incurred as a
result of
the
commission of the
offense. "Economic loss" does not include
non-economic loss or any punitive or exemplary damages.
(M) "Education or training" includes
study at, or in
conjunction with a program offered by, a
university, college, or
technical college or vocational study and
also includes the
completion of primary school, secondary school,
and literacy
curricula or their equivalent.
(N)
"Firearm" has the same meaning as
in section 2923.11
of
the Revised Code.
(O) "Halfway house" means a facility
licensed by the
division
of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the
Revised Code as a suitable
facility for the care and treatment of
adult offenders.
(P) "House arrest" means a period of confinement of an
offender that
is in the
offender's home or in
other premises
specified by the
sentencing court or by the parole
board
pursuant
to section 2967.28 of the Revised Code and during which all of
the
following apply:
(1) The
offender is required to remain in the
offender's
home
or other specified premises
for the
specified period of
confinement, except for periods of time
during
which the
offender
is at the
offender's place of
employment or at other
premises as
authorized by the sentencing
court or by the parole board.
(2) The
offender is required
to report periodically
to a
person designated by the
court or parole board.
(3) The
offender is subject to any other
restrictions and
requirements that may be imposed by the
sentencing court or by the
parole board.
(Q) "Intensive probation supervision" means a
requirement
that an offender maintain frequent contact with a
person appointed
by the court, or by the parole board pursuant to section
2967.28
of the Revised Code, to supervise the offender while the
offender
is seeking or maintaining necessary employment and
participating
in training, education, and treatment programs as
required in the
court's or parole board's order. "Intensive
probation
supervision"
includes intensive parole supervision and intensive
post-release
control supervision.
(R) "Jail" means a jail, workhouse,
minimum security
jail,
or
other residential facility
used for the confinement of
alleged
or
convicted offenders that
is operated by a political
subdivision
or
a combination of
political subdivisions of this
state.
(S) "Jail term" means the term in a jail that a sentencing
court
imposes or is authorized to impose pursuant to section
2929.24 or
2929.25 of the
Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction.
(T) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E)(F) of section
2903.06 or division (D) of section 2903.08 of the Revised Code,
division (E) or (G) of section 2929.24 of the Revised Code,
division (B)
of section
4510.14 of the Revised Code, or division
(G) of section
4511.19 of
the Revised Code or pursuant to any
other provision of
the
Revised
Code that requires a term in a
jail for a misdemeanor
conviction.
(U) "Delinquent child" has the same meaning as in section
2152.02 of the
Revised Code.
(V) "License violation report" means
a report that is made
by
a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board
or agency that issued an offender a professional
license or a
license or permit to do business
in this state and that specifies
that the offender has been
convicted of or pleaded guilty to an
offense that may violate the
conditions under which the offender's
professional license or
license or permit to do business in this
state was granted or an offense
for which the offender's
professional license or license or permit to do
business in this
state may be revoked or suspended.
(W) "Major drug offender" means an
offender who is
convicted
of or pleads guilty to the possession
of, sale of, or
offer to
sell any drug, compound, mixture,
preparation, or
substance that
consists of or contains at least
one thousand grams
of hashish;
at
least one hundred
grams of crack cocaine; at least
one
thousand
grams of cocaine that is not
crack cocaine; at least
two
thousand
five hundred unit doses or two
hundred fifty grams of
heroin; at
least five thousand unit doses of
L.S.D. or five
hundred grams of
L.S.D. in a
liquid concentrate, liquid extract,
or liquid
distillate form; or at least
one hundred times the
amount of any
other schedule I or II controlled
substance other
than marihuana
that is necessary to commit a
felony of the third
degree pursuant
to section 2925.03, 2925.04,
2925.05, or 2925.11
of the Revised
Code
that is based on the possession of, sale of,
or offer to sell
the
controlled substance.
(X) "Mandatory prison term" means any of the
following:
(1) Subject to division (X)(2) of this section,
the term
in
prison that must be imposed for the offenses or
circumstances
set
forth in divisions (F)(1) to (8) or
(F)(12) to (18) of section
2929.13 and
division (D) of section 2929.14 of the
Revised Code.
Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05,
and
2925.11 of the
Revised Code, unless the maximum or another
specific term is required under section 2929.14 or 2929.142 of the
Revised
Code, a mandatory prison term described in this division
may be
any prison term authorized for the level of offense.
(2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree
felony
OVI offense pursuant
to division (G)(2)
of
section 2929.13 and division
(G)(1)(d) or
(e) of
section
4511.19
of
the Revised Code or the term of one, two, three, four, or five
years in prison that a sentencing court is required to impose
pursuant to division (G)(2) of section 2929.13 of the Revised
Code.
(3) The term in prison imposed pursuant to division (A) of
section 2971.03
of the Revised Code for the offenses and in the
circumstances
described in
division (F)(11) of section 2929.13 of
the Revised
Code or pursuant to division (B)(1)(a), (b), or (c),
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code and
that term as
modified or
terminated pursuant to
section
2971.05 of the Revised Code.
(Y) "Monitored time" means a period
of time during which
an
offender continues to be under the
control of the sentencing
court
or parole board, subject to no
conditions other than leading
a
law-abiding life.
(Z) "Offender" means a person who,
in this state, is
convicted of or pleads guilty to a felony or a
misdemeanor.
(AA) "Prison" means a residential
facility used for the
confinement of convicted felony offenders
that is under the
control of the department of rehabilitation and
correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code.
(BB) "Prison term" includes either of the following
sanctions
for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the
approval
of,
the sentencing court pursuant to section 2929.20,
2967.26,
5120.031, 5120.032, or 5120.073 of the
Revised Code.
(CC) "Repeat violent offender" means
a person about whom
both
of the following apply:
(1) The person is being sentenced for committing or for
complicity in
committing any of the following:
(a) Aggravated murder,
murder, any felony of the first or
second degree
that is an offense of violence, or an attempt to
commit any of these offenses if the attempt is a felony of the
first or second degree;
(b) An offense under an existing or former law of this state,
another state, or the United States that is or was substantially
equivalent to an offense described in division (CC)(1)(a) of
this
section.
(2) The person previously was convicted of or pleaded
guilty
to an offense described in division (CC)(1)(a) or (b) of this
section.
(DD) "Sanction" means any penalty
imposed upon an
offender
who is convicted of or pleads guilty to
an offense, as
punishment
for the offense. "Sanction"
includes any sanction
imposed
pursuant
to any provision of
sections 2929.14 to 2929.18
or
2929.24 to
2929.28 of the
Revised Code.
(EE) "Sentence" means the sanction or
combination of
sanctions imposed by the sentencing court on an
offender who is
convicted of or pleads guilty to
an offense.
(FF) "Stated prison term" means the
prison term,
mandatory
prison term, or combination of all
prison terms and
mandatory
prison terms imposed by the
sentencing court pursuant to
section
2929.14, 2929.142, or 2971.03 of the
Revised Code or under section
2919.25 of the Revised Code. "Stated
prison
term"
includes any
credit received by the offender for
time spent
in
jail awaiting
trial, sentencing, or transfer to
prison for the
offense and any
time spent under house arrest or
house arrest
with
electronic
monitoring imposed after
earning
credits
pursuant to
section
2967.193 of the Revised Code.
(GG) "Victim-offender mediation"
means a reconciliation
or
mediation program that involves an
offender and the victim of
the
offense committed by the offender and that
includes a meeting
in
which the offender and the victim may discuss the
offense,
discuss
restitution, and consider other sanctions for
the offense.
(HH) "Fourth degree felony
OVI offense" means a
violation
of
division (A) of section
4511.19 of the Revised
Code
that,
under
division (G) of that section, is a felony of the fourth
degree.
(II) "Mandatory term of local
incarceration" means the
term
of sixty or one hundred twenty days in a jail, a
community-based
correctional facility, a halfway house, or an
alternative
residential facility that a sentencing court may
impose upon a
person who is convicted of or pleads guilty to a
fourth degree
felony
OVI offense pursuant to division (G)(1) of
section
2929.13
of the Revised Code and division
(G)(1)(d) or
(e)
of section
4511.19 of
the
Revised Code.
(JJ) "Designated homicide, assault, or kidnapping
offense,"
"violent sex offense,"
"sexual motivation
specification,"
"sexually violent offense,"
"sexually violent
predator," and
"sexually violent predator
specification"
have the
same meanings
as in section 2971.01 of the
Revised Code.
(KK) "Sexually oriented
offense,"
"child-victim oriented
offense," and
"tier III sex offender/child-victim offender," have
the same meanings as in section 2950.01
of the
Revised Code.
(LL) An offense is "committed in the vicinity of a child"
if
the offender commits the offense within thirty feet of or
within
the same
residential unit as a child who
is under eighteen
years
of age, regardless of whether the offender knows the
age of
the
child or whether the offender knows the offense is
being
committed
within thirty feet of or within the same residential
unit as
the
child and regardless of whether the child actually
views the
commission of
the offense.
(MM) "Family or household member" has the same meaning as
in
section 2919.25 of the Revised Code.
(NN) "Motor vehicle" and "manufactured home" have the
same
meanings as in section 4501.01 of the Revised Code.
(OO) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.
(PP) "Third degree felony
OVI offense" means a
violation
of
division (A) of section 4511.19 of the Revised Code
that, under
division (G) of that section, is a felony of
the third
degree.
(QQ) "Random drug testing" has the same meaning as in
section
5120.63 of the Revised Code.
(RR) "Felony sex offense" has the same meaning as in
section
2967.28 of the Revised Code.
(SS) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
(TT) "Electronic monitoring" means monitoring through the
use
of an electronic monitoring device.
(UU) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (UU)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (UU)(1)(a) of this section, can transmit continuously
those signals by telephone to a central monitoring computer of the
type described in division (UU)(1)(c) of this section, and can
transmit continuously an appropriate signal to that central
monitoring computer if the receiver is turned off or altered
without prior court approval or otherwise tampered with.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by telephone by a
receiver of the type described in division (UU)(1)(b) of this
section and can monitor continuously the person to whom an
electronic monitoring device of the type described in division
(UU)(1)(a) of this section is attached.
(2) Any device that is not a device of the type described in
division (UU)(1) of this section and that conforms with all of
the
following:
(a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved.
(VV) "Non-economic loss" means nonpecuniary harm suffered
by
a victim of an offense as a result of or related to the
commission
of the offense, including, but not limited to, pain
and suffering;
loss of society, consortium, companionship, care,
assistance,
attention, protection, advice, guidance, counsel,
instruction,
training, or education; mental anguish; and any
other intangible
loss.
(WW) "Prosecutor" has the same meaning as in section
2935.01
of the Revised Code.
(XX) "Continuous alcohol monitoring" means the ability to
automatically test and periodically transmit alcohol consumption
levels and tamper attempts at least every hour, regardless of the
location of the person who is being monitored.
(YY) A person is "adjudicated a sexually violent
predator"
if
the person is convicted of or pleads guilty to a
violent sex
offense and also is convicted of or pleads guilty to
a sexually
violent predator specification that was included in
the
indictment, count in the indictment, or information charging
that
violent sex offense or if the person is convicted of or
pleads
guilty to a designated homicide, assault, or kidnapping
offense
and also is convicted of or pleads guilty to both a
sexual
motivation specification and a sexually violent predator
specification that were included in the indictment, count in the
indictment, or information charging that designated homicide,
assault, or kidnapping offense.
(ZZ) An offense is "committed in proximity to a school"
if
the offender commits the offense in a school safety zone or
within
five hundred feet of any school building or the boundaries
of any
school premises, regardless of whether the offender knows
the
offense is being committed in a school safety zone or within
five
hundred feet of any school building or the boundaries of any
school premises.
(AAA) "Human trafficking" means a scheme or plan to which all
of the following apply:
(1) Its object is to compel a victim or victims to engage in
sexual activity for hire, to engage in a performance that is
obscene, sexually oriented, or nudity oriented, or to be a model
or participant in the production of material that is obscene,
sexually oriented, or nudity oriented.
(2) It involves at least two felony offenses, whether or not
there has been a prior conviction for any of the felony offenses,
to which all of the following apply:
(a) Each of the felony offenses is a violation of section
2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or
(2) of section 2907.323, or division (B)(1), (2), (3), (4), or (5)
of section 2919.22 of the Revised Code or is a violation of a law
of any state other than this state that is substantially similar
to any of the sections or divisions of the Revised Code identified
in this division.
(b) At least one of the felony offenses was committed in this
state.
(c) The felony offenses are related to the same scheme or
plan, are not isolated instances, and are not so closely related
to each other and connected in time and place that they constitute
a single event or transaction.
(BBB) "Material," "nudity," "obscene," "performance," and
"sexual activity" have the same meanings as in section 2907.01 of
the Revised Code.
(CCC) "Material that is obscene, sexually oriented, or nudity
oriented" means any material that is obscene, that shows a person
participating or engaging in sexual activity, masturbation, or
bestiality, or that shows a person in a state of nudity.
(DDD) "Performance that is obscene, sexually oriented, or
nudity oriented" means any performance that is obscene, that shows
a person participating or engaging in sexual activity,
masturbation, or bestiality, or that shows a person in a state of
nudity.
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,
deputy marshal, municipal police officer, township constable,
police officer of a township or joint township police district,
member of a police force employed by a metropolitan housing
authority under division (D) of section 3735.31 of the Revised
Code, member of a police force employed by a regional transit
authority
under division (Y) of section 306.35 of the Revised
Code, state university law enforcement officer appointed
under
section 3345.04 of the Revised Code, veterans' home
police
officer
appointed under section 5907.02 of the Revised Code,
special
police officer employed by a port authority under section
4582.04
or 4582.28 of the Revised Code, or a special police
officer
employed by a municipal corporation at a municipal
airport, or
other municipal air navigation facility, that has
scheduled
operations, as defined in section 119.3 of Title 14 of
the Code of
Federal Regulations, 14 C.F.R. 119.3, as amended, and
that is
required to be under a security program and is governed by
aviation security rules of the transportation security
administration of the United States department of transportation
as provided in Parts 1542. and 1544. of Title 49 of the Code of
Federal Regulations, as amended, shall
arrest and detain,
until a
warrant can be obtained, a
person found violating, within
the
limits of the political
subdivision, metropolitan housing
authority housing project, regional
transit authority facilities
or areas of a municipal corporation that
have been agreed to by a
regional transit authority and a municipal
corporation located
within its territorial
jurisdiction, college,
university,
veterans' home operated under Chapter 5907. of the Revised Code,
port authority, or municipal airport or other
municipal air
navigation facility, in
which the peace
officer is
appointed,
employed, or elected, a law of this state,
an ordinance
of a
municipal corporation, or a resolution of a
township.
(2) A peace officer
of the department of natural resources, a
state fire marshal law enforcement officer described in division
(A)(23) of section 109.71 of the Revised Code,
or
an individual
designated to perform law enforcement duties
under
section
511.232, 1545.13, or 6101.75 of the Revised
Code
shall
arrest and
detain,
until a warrant can be obtained, a person
found
violating,
within the limits of the peace officer's, state fire
marshal law enforcement officer's, or
individual's
territorial
jurisdiction, a law of this state.
(3) The house sergeant at arms if the house sergeant at arms
has
arrest authority pursuant to division (E)(1) of section
101.311 of the Revised Code
and an assistant house sergeant at
arms shall arrest and detain, until a
warrant can be obtained, a
person found violating, within the limits of the
sergeant at
arms's or assistant sergeant at
arms's territorial
jurisdiction
specified in division (D)(1)(a) of section 101.311
of
the Revised
Code or
while providing security pursuant to division
(D)(1)(f)
of
section 101.311 of the Revised Code, a
law of this
state, an
ordinance of a municipal corporation, or a resolution of
a
township.
(B)(1) When there is reasonable ground to believe that an
offense of violence, the offense of criminal child enticement as
defined in section 2905.05 of the Revised Code, the offense of
public indecency as defined in section 2907.09 of the Revised
Code, the offense of domestic violence as defined in section
2919.25 of the Revised Code, the offense of violating a protection
order as
defined in section 2919.27 of the Revised Code, the
offense of menacing by stalking
as defined in section 2903.211 of
the Revised Code, the offense
of aggravated trespass as defined in
section 2911.211 of the
Revised Code, a theft offense as defined
in section 2913.01 of
the Revised Code, or a felony drug abuse
offense as defined in
section 2925.01 of the Revised Code, has
been committed within
the limits of the political subdivision,
metropolitan housing
authority housing project,
regional
transit
authority facilities or those areas of a municipal corporation
that have
been agreed to by a regional transit authority and a
municipal corporation
located within its territorial jurisdiction,
college, university,
veterans' home operated under Chapter 5907.
of the Revised Code,
port authority, or
municipal airport or other
municipal air navigation facility, in
which the peace
officer is
appointed, employed, or
elected or
within the limits of the
territorial jurisdiction of the peace
officer, a peace officer
described in division
(A) of this section
may arrest and detain
until a
warrant can be obtained any person
who the peace officer
has reasonable cause to believe is guilty of
the violation.
(2) For purposes of division (B)(1) of this section, the
execution of any of the following constitutes reasonable ground
to
believe that the offense alleged in the statement was
committed
and reasonable cause to believe that the person alleged
in the
statement to have committed the offense is guilty of the
violation:
(a) A written statement by a person alleging that an
alleged
offender has committed the offense of menacing by
stalking or
aggravated trespass;
(b) A written statement by the administrator of the
interstate compact on mental health appointed under section
5119.51 of the Revised Code alleging that a person who had been
hospitalized, institutionalized, or confined in any facility
under
an order made pursuant to or under authority of section
2945.37,
2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the
Revised
Code has escaped from the facility, from confinement in a
vehicle
for transportation to or from the facility, or from
supervision
by an employee of the facility that is incidental to
hospitalization, institutionalization, or confinement in the
facility and that occurs outside of the facility, in violation of
section 2921.34 of the Revised Code;
(c) A written statement by the
administrator of any facility
in which a person has been
hospitalized, institutionalized, or
confined under an order made
pursuant to or under authority of
section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code alleging that
the person has escaped
from the facility, from confinement in a
vehicle for
transportation to or from the facility, or from
supervision by an
employee of the facility that is incidental to
hospitalization,
institutionalization, or confinement in the
facility and that
occurs outside of the facility, in violation of
section 2921.34 of
the Revised Code.
(3)(a) For purposes of division (B)(1)
of this section, a
peace officer described in division
(A) of this section has
reasonable grounds to believe that the offense of domestic
violence or the offense of violating a protection order has been
committed and
reasonable cause to
believe that a particular person
is guilty of committing the
offense if any of the following
occurs:
(i) A person executes a written statement
alleging that the
person in question has committed the offense of
domestic violence
or the offense of violating a protection order
against the person
who executes the
statement or against a child of the person who
executes the
statement.
(ii) No written statement of the type described
in division
(B)(3)(a)(i) of this
section is executed, but the peace officer,
based upon the peace
officer's own knowledge and observation of
the facts and circumstances of
the alleged incident of the offense
of domestic violence or the
alleged incident of the offense of
violating a protection order
or based upon any other information,
including, but not limited to, any reasonably trustworthy
information given to the peace officer by the alleged victim
of
the alleged incident of the offense or any witness of the alleged
incident
of the offense, concludes that there are reasonable
grounds to
believe that the offense of domestic violence or the
offense of
violating a protection order has been
committed and
reasonable cause to believe that the person in
question is guilty
of committing the offense.
(iii) No written statement of the type
described in division
(B)(3)(a)(i)
of this section is executed, but the peace officer
witnessed
the person in question commit the offense of domestic
violence or
the offense of violating a protection order.
(b) If pursuant to division
(B)(3)(a) of this section a
peace
officer has
reasonable grounds to believe that the offense
of
domestic
violence or the offense of violating a protection
order
has been committed and
reasonable cause to
believe that a
particular person is guilty of committing the
offense, it is the
preferred course of action in this state that
the officer arrest
and detain that person pursuant to division
(B)(1) of this section
until a warrant can be obtained.
If pursuant to division (B)(3)(a)
of this section a peace
officer has reasonable grounds to
believe that the offense of
domestic violence or the offense of
violating a protection order
has been
committed and reasonable cause to believe that family or
household members have committed the offense against each other,
it is the preferred course of action in this state that the
officer, pursuant to division (B)(1) of this section,
arrest and
detain until a warrant can be obtained the family or
household
member who committed the offense and whom the officer
has
reasonable cause to believe is the primary physical
aggressor.
There is no preferred course of action in this state
regarding any
other family or household member who committed the
offense and
whom the officer does not have reasonable cause to
believe is the
primary physical aggressor, but, pursuant to
division (B)(1) of
this section, the peace officer may
arrest and detain until a
warrant can be obtained any other
family or household member who
committed the offense and whom the
officer does not have
reasonable cause to believe is the primary
physical aggressor.
(c) If a peace officer described in division
(A) of this
section does not arrest and detain a
person whom the officer has
reasonable cause to believe committed
the offense of domestic
violence or the offense of violating a
protection order when it is
the preferred
course of action in this state pursuant to division
(B)(3)(b) of this section that the officer
arrest that person, the
officer shall articulate in the
written report of the incident
required by section 2935.032 of the
Revised Code a clear statement
of the officer's reasons for not
arresting and detaining that
person until a warrant can be obtained.
(d) In determining for purposes of division
(B)(3)(b) of
this
section which family or
household member is the primary
physical
aggressor in a situation
in which family or household
members have
committed the offense
of domestic violence or the
offense of
violating a protection
order against each other, a
peace officer
described in division (A) of this section, in
addition
to any
other relevant circumstances, should consider all
of the
following:
(i) Any history of domestic violence or of any
other violent
acts by either person involved in the alleged
offense that the
officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged
violence
was
caused by
a person acting in self-defense;
(iii) Each person's fear of physical harm, if
any, resulting
from the other person's threatened use of force
against any person
or resulting from the other person's use or
history of the use of
force against any person, and the
reasonableness of that fear;
(iv) The comparative severity of any injuries
suffered by
the
persons involved in the alleged offense.
(e)(i) A peace officer described in
division (A) of this
section shall not require, as a
prerequisite to arresting or
charging a person who has committed
the offense of domestic
violence or the offense of violating a
protection order, that the
victim of the
offense specifically consent to the filing of
charges against the
person who has committed the offense or sign a
complaint against
the person who has committed the offense.
(ii) If a person is arrested for or charged
with committing
the offense of domestic violence or the offense
of violating a
protection order and if the
victim of the offense does not
cooperate with the involved law
enforcement or prosecuting
authorities in the prosecution of the
offense or, subsequent to
the arrest or the filing of the
charges, informs the involved law
enforcement or prosecuting
authorities that the victim does not
wish the prosecution of the
offense to continue or wishes to drop
charges against the alleged
offender relative to the offense, the
involved prosecuting
authorities, in determining whether to
continue with the
prosecution of the offense or whether to dismiss
charges against
the alleged offender relative to the offense and
notwithstanding
the victim's failure to cooperate or the victim's
wishes, shall
consider all facts and circumstances that are
relevant to the
offense, including, but not limited to, the
statements and
observations of the peace officers who responded to
the incident
that resulted in the arrest or filing of the charges
and of all
witnesses to that incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) of
this section
whether to arrest a person pursuant to division
(B)(1) of
this section, a peace officer described in division
(A)
of this section shall not consider as a factor any
possible
shortage of cell space at the detention facility to
which the
person will be taken subsequent to the person's
arrest or any
possibility that the person's arrest might cause, contribute to,
or exacerbate overcrowding at that detention facility or at any
other
detention facility.
(g) If a peace officer described in division (A) of
this
section intends
pursuant to
divisions (B)(3)(a) to (g) of this
section to arrest a person pursuant to
division (B)(1) of this
section and if the officer is
unable to
do so because the person
is not present, the officer promptly shall seek a
warrant for the
arrest of the person.
(h) If a peace officer described in division
(A) of this
section responds to a report of an alleged
incident of the offense
of domestic violence or an alleged
incident of the offense of
violating a
protection order and if the circumstances
of the
incident
involved the use or threatened use of a deadly weapon or
any
person involved in the incident brandished a deadly weapon
during
or in relation to the incident, the deadly weapon that was
used,
threatened to be used, or brandished constitutes contraband,
and,
to the extent possible, the officer shall seize the deadly
weapon
as contraband pursuant to Chapter 2981. of the Revised
Code. Upon the seizure of a deadly weapon pursuant to
division
(B)(3)(h) of this section, section 2981.12 of the Revised
Code
shall apply regarding the treatment and disposition
of the deadly
weapon. For purposes of that section, the
"underlying criminal
offense" that was the basis of the
seizure of a deadly weapon
under division (B)(3)(h) of
this section and to which the
deadly
weapon had a relationship is any of the following that is
applicable:
(i) The alleged incident of the offense of
domestic violence
or the alleged incident of the offense of
violating a protection
order to which the
officer who seized the deadly weapon responded;
(ii) Any offense that arose out of the same
facts and
circumstances as the report of the alleged incident of
the offense
of domestic violence or the alleged incident of the
offense of
violating a protection order to
which the officer who seized the
deadly weapon responded.
(4) If, in the circumstances described in divisions
(B)(3)(a)
to (g) of
this section, a peace officer described in
division
(A)
of this section arrests and detains a person
pursuant
to division
(B)(1) of this section, or if,
pursuant to division
(B)(3)(h) of
this
section, a peace officer described in division
(A) of
this
section seizes a deadly weapon, the officer, to the
extent
described in and in accordance with section 9.86 or 2744.03
of
the
Revised Code, is immune in any civil action
for damages for
injury, death, or loss to person or property that
arises from or
is related to the arrest and detention or the
seizure.
(C) When there is reasonable ground to believe that a
violation of division (A)(1), (2), (3), (4), or (5) of section
4506.15 or a
violation of section 4511.19 of the Revised Code has
been
committed by a person operating a motor vehicle subject to
regulation by the public utilities commission of Ohio under Title
XLIX of the Revised Code, a peace officer with authority to
enforce that provision of law may stop or detain the person whom
the officer has reasonable cause to believe was operating the
motor vehicle in violation of the division or section and, after
investigating the circumstances surrounding the operation of the
vehicle, may arrest and detain the person.
(D) If a sheriff, deputy sheriff, marshal, deputy marshal,
municipal police officer, member of a police force employed by a
metropolitan housing authority under division (D) of section
3735.31 of the Revised Code, member of a police force employed by
a
regional transit authority under division (Y) of section 306.35
of the Revised
Code, special police officer employed by a port
authority under section
4582.04 or 4582.28 of the Revised Code,
special police officer employed by a municipal corporation at a
municipal airport or other municipal air navigation facility
described in division (A) of this section, township constable,
police officer of a
township or joint township
police district,
state university
law enforcement officer
appointed under section
3345.04 of the
Revised Code, peace officer
of the department of
natural
resources, individual designated to
perform law
enforcement duties
under
section 511.232, 1545.13, or
6101.75 of
the Revised Code, the house
sergeant at arms if the
house sergeant
at arms has arrest authority pursuant
to division
(E)(1) of
section 101.311 of the Revised Code, or an assistant
house
sergeant at arms is authorized by
division (A) or
(B) of
this
section
to arrest and detain, within the limits of the
political
subdivision, metropolitan housing authority housing
project,
regional
transit authority facilities or those areas of a
municipal
corporation that have been agreed to by a regional
transit authority and a
municipal corporation located within its
territorial jurisdiction,
port authority,
municipal airport or
other municipal air navigation facility, college, or university
in
which the officer is
appointed,
employed, or elected or within
the
limits of the territorial jurisdiction
of the peace officer, a
person until a warrant can be obtained, the peace
officer, outside
the limits of that
territory, may pursue, arrest, and detain that
person until a warrant
can be
obtained if all of the following
apply:
(1) The pursuit takes place without unreasonable delay
after
the offense is committed;
(2) The pursuit is initiated within the limits of the
political subdivision, metropolitan housing authority housing
project, regional transit authority facilities or those areas of a
municipal corporation that have been agreed to by a regional
transit authority
and a municipal corporation located within its
territorial
jurisdiction, port authority,
municipal airport or
other municipal air navigation facility, college, or university
in
which
the peace officer is
appointed, employed, or elected or
within the limits of the
territorial jurisdiction of the peace
officer;
(3) The offense involved is a felony, a misdemeanor of the
first degree or a substantially equivalent municipal ordinance, a
misdemeanor of the second degree or a substantially equivalent
municipal ordinance, or any offense for which points are
chargeable pursuant to section 4510.036 of the
Revised Code.
(E) In addition to the authority granted under division
(A)
or (B) of this section:
(1) A sheriff or deputy sheriff may arrest and detain,
until
a warrant can be obtained, any person found violating
section
4503.11, 4503.21, or 4549.01, sections 4549.08 to
4549.12, section
4549.62, or Chapter 4511. or 4513. of the
Revised Code on the
portion of any street or highway that is
located immediately
adjacent to the boundaries of the county in
which the sheriff or
deputy sheriff is elected or appointed.
(2) A member of the police force of a township police
district created under section 505.48 of the Revised Code, a
member of the police force of a joint township police district
created under section 505.481 of the Revised Code, or a
township
constable appointed in accordance with section 509.01 of the
Revised Code, who has received a certificate from the Ohio peace
officer training commission under section 109.75 of the Revised
Code,
may arrest and detain, until a warrant can be obtained, any
person found violating any section or chapter of the Revised Code
listed in division (E)(1) of this section, other than sections
4513.33 and 4513.34 of the Revised Code, on the portion of any
street or highway that is located immediately adjacent to the
boundaries of the township police district or joint township
police district, in the case of a member of a township police
district or joint township police district police force, or the
unincorporated territory of the township, in the case of a
township constable. However, if the population of the township
that created the township police district served by the member's
police force, or the townships that created the joint township
police district served by the member's police force, or the
township that is served by the township constable, is sixty
thousand or less, the member of the township police district or
joint police district police force or the township constable may
not make an arrest under division (E)(2) of this
section on a
state highway that is
included as part of the interstate system.
(3) A police officer or village marshal appointed,
elected,
or employed by a municipal corporation may arrest and
detain,
until a warrant can be obtained, any person found
violating any
section or chapter of the Revised Code listed in
division (E)(1)
of this section on the portion of any street or
highway that is
located immediately adjacent to the boundaries of
the municipal
corporation in which the police officer or village
marshal is
appointed, elected, or employed.
(4) A peace
officer of the department of natural resources, a
state fire marshal law enforcement officer described in division
(A)(23) of section 109.71 of the Revised Code,
or
an individual
designated to perform law enforcement duties
under
section
511.232, 1545.13, or 6101.75 of the
Revised Code may
arrest and
detain,
until a warrant can be obtained, any person
found
violating any
section or chapter of the Revised
Code listed
in
division
(E)(1) of this section, other
than sections 4513.33
and
4513.34 of the
Revised
Code, on the portion of any
street or
highway that is located immediately adjacent to the
boundaries of
the lands and waters that constitute the
territorial jurisdiction
of the peace officer or state fire marshal law enforcement
officer.
(F)(1) A department of mental health special police officer
or
a department of mental retardation and developmental
disabilities
special police officer may arrest without a warrant
and detain until a
warrant can be obtained any person found
committing on the
premises of any institution under the
jurisdiction of the
particular department a misdemeanor under a
law of the state.
A department of mental health special police officer or a
department of mental retardation and developmental disabilities
special police officer may arrest without a warrant and detain
until a
warrant can be obtained any person who has been
hospitalized,
institutionalized, or confined in an institution
under the
jurisdiction of the particular department pursuant to or
under
authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code and who is
found committing on the
premises of any institution under the
jurisdiction of the
particular department a violation of section
2921.34 of the
Revised Code that involves an escape from the
premises of the
institution.
(2)(a) If a department of mental health special police
officer
or a department of mental retardation and developmental
disabilities special police officer finds any person who has been
hospitalized, institutionalized, or confined in an institution
under the jurisdiction of the particular department pursuant to
or
under authority of section 2945.37, 2945.371, 2945.38,
2945.39,
2945.40, 2945.401, or
2945.402 of the Revised Code committing a
violation of
section 2921.34 of the Revised Code that involves an
escape from
the premises of the institution, or if there is
reasonable ground
to believe that a violation of section 2921.34
of the Revised
Code has been committed that involves an escape
from the premises
of an institution under the jurisdiction of the
department of
mental health or the department of mental
retardation and
developmental disabilities and if a department of
mental health
special police officer or a department of mental
retardation and
developmental disabilities special police officer
has reasonable cause
to believe that a particular person who has
been hospitalized,
institutionalized, or confined in the
institution pursuant to or
under authority of section 2945.37,
2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of
the
Revised Code is guilty of the violation, the
special police
officer, outside of the premises of the institution,
may pursue,
arrest, and detain that person for that violation of
section
2921.34 of the Revised Code, until a warrant can be
obtained, if
both of the following apply:
(i) The pursuit takes place without unreasonable delay
after
the offense is committed;
(ii) The pursuit is initiated within the premises of the
institution from which the violation of section 2921.34 of the
Revised Code occurred.
(b) For purposes of division (F)(2)(a) of this section,
the
execution of a written statement by the administrator of the
institution in which a person had been hospitalized,
institutionalized, or confined pursuant to or under authority of
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or
2945.402 of the
Revised Code alleging that the person has escaped
from the
premises of the institution in violation of section
2921.34 of
the Revised Code constitutes reasonable ground to
believe that the violation was committed and reasonable cause to
believe that the person alleged in the statement to have
committed
the offense is guilty of the violation.
(G) When there is reasonable ground to believe that a
violation of division (B) of section 4511.251 of the Revised Code
or a substantially equivalent municipal ordinance has been
committed by a person operating a motor vehicle on a public road,
street, or highway in this state, a peace officer with authority
to enforce division (B) of section 4511.251 of the Revised Code or
the substantially equivalent municipal ordinance may stop or
detain the person whom the officer has reasonable cause to believe
was operating the motor vehicle in violation of division (B) of
section 4511.251 of the Revised Code or the substantially
equivalent municipal ordinance and, after investigating the
circumstances surrounding the operation of the vehicle, may arrest
and detain the person.
(H) As used in this section:
(1) A "department of mental health special police officer"
means a special police officer of the department of mental health
designated under section 5119.14 of the Revised Code who is
certified by the Ohio peace officer training commission under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(2) A "department of mental retardation and developmental
disabilities special police officer" means a special
police
officer of the
department of mental retardation and developmental
disabilities
designated under section 5123.13 of the Revised Code
who is
certified by the Ohio peace officer training council under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(3) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised
Code.
(4) "Family or household member" has the same meaning as in
section 2919.25
of the Revised Code.
(5) "Street" or "highway" has the same meaning as in
section
4511.01 of the Revised Code.
(6) "Interstate system" has the same meaning as in section
5516.01 of the Revised Code.
(7) "Peace officer of the department of
natural resources"
means an employee of the
department of natural resources who is
a
natural resources law enforcement staff officer designated
pursuant to
section 1501.013 of the Revised Code, a forest officer
designated
pursuant
to section 1503.29 of the Revised Code, a
preserve officer designated
pursuant to
section 1517.10 of the
Revised Code, a wildlife officer designated
pursuant to section
1531.13 of the Revised Code, a park officer designated pursuant to
section
1541.10 of the Revised Code, or
a state watercraft officer
designated pursuant to section 1547.521
of the
Revised Code.
(8) "Portion of any street or highway" means all lanes of the
street or highway irrespective of direction of travel, including
designated turn lanes, and any berm, median, or shoulder.
Sec. 4503.234. (A) If a court orders the criminal forfeiture
of a vehicle pursuant to section 2903.06,
4503.233, 4503.236,
4510.11,
4510.14, 4510.16, 4510.161, 4510.41, 4511.19,
4511.193,
or
4511.203, or 4511.251 of the Revised Code, the order shall be
issued and
enforced in
accordance with
this division, subject to
division
(B)
of this
section.
An
order
of criminal forfeiture
issued under this
division
shall
authorize
an appropriate law
enforcement agency to
seize
the
vehicle ordered
criminally
forfeited upon the terms and
conditions
that the
court
determines
proper. No vehicle ordered
criminally
forfeited
pursuant to this
division shall be considered
contraband
for
purposes of Chapter
2981. of
the
Revised
Code, but
the law enforcement agency that
employs
the
officer who
seized it
shall hold the vehicle for
disposal in
accordance with
this
section. A forfeiture order may
be
issued
only after the
offender
has been provided
with an
opportunity to
be heard. The
prosecuting
attorney shall
give the
offender
written
notice of
the possibility
of forfeiture by
sending a copy
of the relevant
uniform traffic
ticket or other
written notice to
the
offender
not
less
than seven
days prior to
the date of
issuance of the
forfeiture order. A
vehicle is subject
to
an
order of criminal
forfeiture pursuant to
this division upon
the
conviction of the
offender
of or plea of
guilty by the
offender to
a violation of section 2903.06,
division (A) of
section
4503.236,
section
4510.11, 4510.14,
4510.16,
or
4511.203,
or 4511.251, or
division (A) of section
4511.19
of the
Revised
Code,
or a
municipal
ordinance that is
substantially
equivalent
to
any of
those sections or
divisions.
(B)(1) Prior to the issuance of an order of criminal
forfeiture pursuant to
this section, the law
enforcement agency
that employs the law enforcement officer who
seized the vehicle
shall
conduct or cause to be conducted a search
of the
appropriate
public records that relate to the vehicle and
shall
make or cause
to be made reasonably diligent inquiries to
identify any
lienholder or
any person or entity with an ownership
interest in
the
vehicle. The court that is to issue the
forfeiture
order also
shall cause a notice of the potential
order
relative to the
vehicle and of the expected
manner of disposition
of the vehicle
after its forfeiture to be
sent to any lienholder
or person who is
known to
the court to have any right, title, or
interest in the
vehicle. The court shall give the notice
by
certified mail,
return
receipt requested, or by personal service.
(2) No order of criminal
forfeiture shall be issued pursuant
to
this section if
a lienholder or other person
with an ownership
interest in the
vehicle establishes to the
court, by a
preponderance of the evidence
after filing a motion
with the
court,
that the lienholder or other
person neither
knew nor
should
have known after a reasonable
inquiry that the
vehicle
would be
used or involved,
or likely
would be used
or
involved, in
the
violation resulting in the issuance of the
order
of criminal
forfeiture or the violation of the order of
immobilization issued
under section 4503.233 of
the Revised Code,
that the lienholder or
other
person did not
expressly or
impliedly consent
to the use or
involvement of the vehicle in that
violation, and that the
lien or
ownership interest was
perfected
pursuant
to law prior to the
seizure of the vehicle under section
4503.236,
4510.41, 4511.195,
or
4511.203 of the
Revised
Code. If the lienholder or holder of
the
ownership
interest satisfies the court that these
criteria
have been met,
the court shall preserve
the lienholder's or other
person's lien or
interest, and the court either shall return the
vehicle to the holder,
or shall order that the
proceeds of any
sale
held
pursuant to division
(C)(2)
of this section be paid to
the
lienholder or
holder of the
interest less the costs of
seizure, storage, and maintenance of
the vehicle. The court shall
not
return a vehicle to a lienholder
or a holder of an ownership
interest
unless the
lienholder or holder submits an affidavit
to
the court that states that the lienholder or holder will not
return the vehicle to the person from whom the vehicle was seized
pursuant to the order of criminal forfeiture or to any member of
that person's family and will not otherwise knowingly permit that
person or any member of that person's family to obtain
possession
of the
vehicle.
(3) No order of criminal
forfeiture shall be issued pursuant
to
this section if
a person
with an interest in
the vehicle
establishes to the court, by a
preponderance of the
evidence after
filing a motion with the court,
that the person
neither knew nor
should have known after a
reasonable
inquiry that
the vehicle had
been used or was involved in the
violation
resulting in the
issuance of the order of criminal
forfeiture or
the violation of
the order of immobilization issued under
section
4503.233 of the
Revised Code,
that the person did not expressly or
impliedly
consent to the
use or
involvement of the vehicle in that
violation, that the interest was perfected
in
good faith and for
value pursuant to law between the time of the arrest of the
offender and the final disposition of the criminal charge in
question, and that the vehicle was in the possession of the
interest holder at the time of the perfection of
the
interest. If
the court is satisfied that the interest
holder has
met these
criteria, the court shall preserve
the
interest holder's
interest,
and the court either
shall return the
vehicle to the
interest
holder
or order that the
proceeds of any
sale held
pursuant to
division
(C) of
this section be paid
to the holder of
the interest
less the costs
of seizure, storage, and maintenance
of the
vehicle. The court
shall not return a vehicle to an
interest
holder
unless the holder
submits an affidavit to
the
court stating
that the holder will not return the vehicle to
the
person from
whom the holder acquired
the
holder's
interest, nor
to any member
of that person's family, and the
holder will not
otherwise
knowingly permit that person or any
member of that
person's
family
to
obtain possession of the
vehicle.
(C) A vehicle ordered criminally forfeited to the state
pursuant to
this section shall
be disposed of as
follows:
(1) It shall be given to the law enforcement agency
that
employs the law enforcement officer who seized the
vehicle, if
that agency desires to have it;
(2) If a vehicle is not disposed of pursuant to division
(C)(1) of this section, the vehicle shall be sold,
without
appraisal, if the value of the vehicle is
two thousand dollars or
more as determined by publications of
the national
auto dealer's
association, at a public auction to the highest bidder for
cash.
Prior to the sale, the prosecuting attorney in the case shall
cause a notice of the proposed sale to be given in accordance
with
law. The court shall cause notice of the sale of the vehicle to
be
published in a newspaper of general circulation in the county
in
which the
court is located at least seven days prior to the
date
of the
sale. The proceeds of a sale under this division or
division
(F) of
this section shall be applied in the following
order:
(a) First, they shall be applied to the payment of the
costs
incurred in connection with the seizure, storage, and
maintenance
of, and provision of security for, the vehicle, any
proceeding
arising out of the forfeiture, and if any, the sale.
(b) Second, the remaining proceeds after compliance with
division
(C)(2)(a) of this section, shall be applied to the
payment of the value of any lien or ownership
interest in
the
vehicle preserved under division
(B) of this section.
(c) Third, the remaining proceeds, after compliance with
divisions
(C)(2)(a) and (b) of this section, shall be
applied
to
the appropriate funds in accordance with divisions (B)
and
(C) of
section 2981.13 of the Revised Code, provided that the
total of
the amount so deposited under this division shall not
exceed one
thousand dollars. The remaining proceeds deposited
under this
division shall be used only for the purposes
authorized
by those
divisions and division (D) of that
section.
(d) Fourth, the remaining proceeds after compliance with
divisions
(C)(2)(a) and (b) of this section and after
deposit
of
a
total amount of one thousand dollars under division
(C)(2)(c) of
this section shall be applied so that fifty
per
cent of those
remaining proceeds is paid into the reparation fund
established
by
section 2743.191 of the Revised Code, twenty-five
per cent is
paid
into the drug abuse resistance education programs
fund
created by
division
(F)(2)(e) of section 4511.191 of the
Revised
Code and
shall be used only for the purposes authorized by
division
(F)(2)(e) of that section, and twenty-five per
cent is
applied to
the appropriate funds in accordance with divisions (B) and (C) of
section 2981.13 of the Revised Code. The proceeds
deposited into
any fund described in section 2981.13 of the
Revised Code shall be
used only for the purposes authorized by
divisions (B)(4)(c), (C),
and (D) of that section.
(D)
Except as provided in division
(E)
of section 4511.203 of
the Revised Code and notwithstanding any
other
provision of law,
neither
the registrar of motor vehicles
nor any deputy registrar
shall
accept an application for the
registration of any motor
vehicle
in the name of any person, or
register any motor vehicle
in the
name of any person, if both of
the following apply:
(1) Any vehicle registered in the person's name was
criminally forfeited under
this
section and
section 2903.06,
4503.233,
4503.236,
4510.10,
4510.11,
4510.14, 4510.16, 4510.41,
4511.19,
4511.193,
or
4511.203, or 4511.251
of the Revised Code;
(2) Less than five years have expired since the issuance of
the most recent order of criminal forfeiture issued in relation
to
a vehicle registered in the person's name.
(E) If a court orders the criminal forfeiture to the state of
a vehicle pursuant to section 2903.06, 4503.233,
4503.236,
4510.10,
4510.11, 4510.14,
4510.16,
4510.161,
4510.41,
4511.19,
4511.193,
or
4511.203, or 4511.251 of the Revised
Code,
the
title
to the motor
vehicle is
assigned or transferred,
and
division
(B)(2) or (3) of
this
section 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 this section.
(F) As used in
this section and
divisions
(B)(4)(c), (C), and
(D) of section 2981.13 of the
Revised Code
in relation to proceeds
of the sale of a vehicle
under division
(C) of this section,
"prosecuting attorney"
includes the
prosecuting attorney, village
solicitor, city
director of law, or
similar chief legal officer of
a municipal
corporation who
prosecutes the case resulting in the
conviction
or
guilty plea in
question.
(G) If the vehicle to
be forfeited has an average retail
value of less than two thousand dollars as
determined by
publications of the national auto dealer's
association, no public
auction is required to be held. In such
a case, the court may
direct that the vehicle be disposed of in
any manner that it
considers appropriate, including assignment
of the certificate of
title to the motor vehicle to a salvage
dealer or a scrap metal
processing facility. The court shall
not transfer the vehicle to
the person who is the vehicle's
immediate previous owner.
If the court assigns the motor vehicle to a salvage
dealer or
scrap metal processing facility and the court is in possession of
the certificate of title to the motor vehicle, it shall send the
assigned certificate of title to the motor vehicle to the clerk
of
the court of common pleas of the county in which the salvage
dealer or scrap metal processing facility is located. The court
shall mark the face of the certificate of title with the words
"FOR DESTRUCTION" and shall
deliver a photocopy of the certificate
of title to the salvage
dealer or scrap metal processing facility
for its records.
If the court is not in possession of the certificate of title
to the
motor vehicle, the court shall issue an order transferring
ownership of the
motor vehicle to a salvage dealer or scrap metal
processing facility, send the
order to the clerk of the court of
common pleas of the county in which the
salvage dealer or scrap
metal processing facility is located, and send a
photocopy of the
order to the salvage dealer or scrap metal processing
facility for
its records. The clerk shall make the proper notations or
entries
in the clerk's records concerning the disposition of the motor
vehicle.
Sec. 4510.17. (A) The registrar of motor vehicles
shall
impose a class D
suspension of the
person's driver's license,
commercial driver's license,
temporary
instruction permit,
probationary license, or nonresident operating
privilege for the
period of time specified in division (B)(4) of
section 4510.02 of
the Revised Code on any person who is a
resident of
this state and
is convicted of or
pleads guilty to a
violation of
a statute of
any other state or any federal
statute
that is
substantially
similar to section 2925.02, 2925.03,
2925.04,
2925.041, 2925.05,
2925.06,
2925.11, 2925.12, 2925.13,
2925.14,
2925.22, 2925.23,
2925.31, 2925.32,
2925.36, or 2925.37
of the
Revised Code. Upon
receipt of a
report from a court, court
clerk,
or other official
of any other
state or from any federal
authority
that a resident
of this state
was convicted of or
pleaded guilty
to an
offense
described in this division, the
registrar shall send
a notice by
regular first class mail to the
person, at
the
person's last known
address as shown in the records
of the bureau
of motor vehicles,
informing the person of the
suspension, that the
suspension
will
take
effect twenty-one
days from the date of the notice, and that,
if
the person wishes
to
appeal the suspension or denial, the
person
must file a
notice
of appeal within
twenty-one days of the
date of
the notice
requesting a hearing on
the matter. If the
person
requests a
hearing, the registrar
shall hold the hearing
not more
than
forty
days after receipt by the registrar of the
notice of
appeal. The
filing of a notice of
appeal does not stay
the
operation of the
suspension
that must be imposed
pursuant to
this
division. The scope of the
hearing shall be
limited to
whether
the person actually was convicted of
or pleaded
guilty to
the
offense for which the
suspension
is to be
imposed.
The
suspension
the registrar is required
to impose
under
this
division shall end either on the last day of
the class D
suspension period or of the
suspension
of the person's nonresident
operating
privilege imposed by the
state or federal court,
whichever is earlier.
The registrar shall subscribe to or otherwise participate
in
any information system or register, or enter into reciprocal
and
mutual agreements with other states and federal authorities,
in
order to facilitate the exchange of information with other
states
and the United States government regarding persons who
plead
guilty to or are convicted of offenses described in this
division
and therefore are subject to the suspension or denial
described in
this division.
(B) The registrar shall
impose
a class D suspension of the
person's
driver's license, commercial
driver's license, temporary
instruction permit,
probationary
license, or nonresident operating
privilege for the period of
time
specified in division (B)(4) of
section 4510.02 of the Revised
Code on any
person who is a
resident of this state and is
convicted of
or
pleads guilty to a
violation of a statute
of any
other state
or a
municipal ordinance
of a municipal corporation
located in
any
other state that is
substantially similar to
section 4511.19
of
the Revised Code.
Upon
receipt of a report
from another state
made pursuant to
section
4510.61 of the
Revised Code
indicating
that a resident of
this
state was
convicted
of or pleaded guilty
to an offense
described
in this
division, the
registrar shall
send
a notice by
regular
first class
mail to the person, at the
person's last known
address
as shown in
the records of the bureau
of motor
vehicles,
informing
the person
of the suspension, that the
suspension or
denial will
take effect
twenty-one
days from the date of the
notice, and that,
if
the person wishes
to appeal the suspension,
the
person must
file a
notice
of appeal within twenty-one days of
the
date of the
notice
requesting a hearing on the matter. If the
person requests
a
hearing, the registrar shall hold the hearing
not more than
forty
days after receipt by the registrar of the
notice
of appeal.
The
filing of a notice of appeal does not stay
the
operation of
the
suspension
that must be imposed
pursuant to
this
division.
The
scope of the hearing shall be
limited to
whether
the person
actually was convicted of or pleaded
guilty to
the
offense for
which the suspension
is
to be
imposed.
The
suspension
the registrar is required
to impose
under
this
division shall end either on the last day of
the class D
suspension period or of the
suspension
of the person's nonresident
operating
privilege imposed by the
state or federal court,
whichever is earlier.
(C) The registrar shall
impose
a class D suspension of the
child's driver's license,
commercial
driver's license, temporary
instruction permit, or nonresident
operating privilege for the
period of time specified in division
(B)(4) of section 4510.02 of
the Revised Code on any
child who is
a resident of this state and
is convicted of or
pleads guilty to a
violation of a statute of
any other state or
any federal statute
that is substantially
similar to section
2925.02, 2925.03,
2925.04,
2925.041, 2925.05,
2925.06, 2925.11,
2925.12, 2925.13,
2925.14, 2925.22, 2925.23,
2925.31, 2925.32,
2925.36, or 2925.37
of the Revised Code. Upon
receipt of a report
from a court,
court
clerk, or other official
of any other state or
from any
federal
authority that a child who
is a resident of this
state
was
convicted of or pleaded guilty to
an offense described
in
this
division, the registrar shall send a
notice by regular
first
class
mail to the child, at the child's
last known address
as shown in
the records of the bureau of motor
vehicles, informing
the child
of the suspension, that the
suspension or
denial will
take effect
twenty-one days from the
date of the
notice, and that,
if the child wishes to
appeal the
suspension, the child
must file a notice of appeal within
twenty-one
days of the date of
the notice requesting a hearing on
the matter.
If the child
requests a hearing, the registrar shall
hold the
hearing not more
than forty
days after receipt by the
registrar of
the notice of
appeal. The filing of a notice of
appeal does not
stay the
operation of the suspension
that must be
imposed
pursuant to this division. The scope of the
hearing shall
be
limited to whether the child actually was convicted of
or
pleaded
guilty to the offense for which
the suspension
is to be
imposed.
The
suspension the registrar is required to impose
under
this
division shall end either on the last day of
the class D
suspension period or of the suspension of the
child's nonresident
operating privilege
imposed by the state or
federal court,
whichever is earlier.
If the child is a resident of this state
who
is sixteen
years of
age or older and does not have a current,
valid Ohio
driver's or
commercial driver's license or permit, the
notice shall
inform the
child that the child will be denied
issuance of a driver's or
commercial driver's license or permit
for six months beginning on
the date of the notice. If the child
has not attained the age of
sixteen years on the date of the
notice, the notice shall inform
the child that the period of
denial of six months shall commence
on the
date the child attains
the age of sixteen years.
The registrar shall subscribe to or otherwise participate
in
any information system or register, or enter into reciprocal
and
mutual agreements with other states and federal authorities,
in
order to facilitate the exchange of information with other
states
and the United States government regarding children who
are
residents of this state and plead guilty to or are convicted
of
offenses described in this division and therefore are subject
to
the suspension or denial described in this division.
(D) The registrar shall
impose
a class D suspension of the
child's
driver's license, commercial
driver's license, temporary
instruction permit,
probationary
license, or nonresident operating
privilege for the period of
time
specified in division (B)(4) of
section 4510.02 of the Revised
Code on any
child who is a resident
of this state and
is convicted
of or
pleads guilty to a
violation
of a statute of
any other state
or a
municipal ordinance of a
municipal
corporation located in any
other state that is
substantially
similar to section 4511.19 of
the Revised Code.
Upon
receipt of
a report from another state
made pursuant to
section
4510.61 of the Revised Code
indicating
that a child who
is a
resident
of this state was
convicted of or
pleaded guilty to
an
offense
described in this
division, the
registrar shall send a
notice by
regular first class
mail to the
child, at the child's
last known address
as shown in
the records
of the bureau of motor
vehicles,
informing the child
of the
suspension, that the
suspension
will
take
effect twenty-one
days from the date of the
notice, and that,
if
the
child wishes to appeal
the suspension,
the child
must file a notice
of appeal within
twenty-one days of
the date of
the notice requesting a hearing on
the matter. If the
child
requests a hearing, the registrar shall
hold the hearing not
more
than forty
days after receipt by the
registrar of the notice
of
appeal. The filing of a notice of
appeal does not stay the
operation of the suspension
that must be imposed
pursuant to this
division. The scope of the
hearing shall be
limited to whether
the
child actually was convicted of
or pleaded
guilty to the
offense
for which the
suspension
is to be
imposed.
The
suspension the registrar is required to impose
under
this
division shall end either on the last day of
the class D
suspension period or of the suspension of the
child's nonresident
operating privilege
imposed by the state or
federal court,
whichever is earlier.
If the child is a resident of this state
who
is sixteen
years of
age or older and does not have a current,
valid Ohio
driver's or
commercial driver's license or permit, the
notice shall
inform the
child that the child will be denied
issuance of a driver's or
commercial driver's license or permit
for six months beginning on
the date of the notice. If the child
has not attained the age of
sixteen years on the date of the
notice, the notice shall inform
the child that the period of
denial of six months shall commence
on the
date the child attains
the age of sixteen years.
(E) Any person whose license or permit has been suspended
pursuant to
this section may file a
petition in the municipal or
county court, or in case the person
is under
eighteen years of
age, the juvenile court, in whose
jurisdiction the person
resides,
agreeing to
pay the cost of the
proceedings and alleging that the
suspension
would seriously
affect the person's ability to continue
the person's
employment.
Upon satisfactory proof that there is
reasonable cause to believe
that the suspension would seriously
affect the person's ability to
continue
the person's employment,
the judge may grant the person
limited driving
privileges during
the period during
which the
suspension otherwise would be
imposed,
except that the
judge shall
not grant
limited driving
privileges
for
employment as a
driver
of a commercial motor vehicle to any
person
who would be
disqualified from operating a commercial motor
vehicle under
section 4506.16
of the Revised Code if the violation
had occurred
in this state, or during any
of the following periods
of time:
(1) The first fifteen days of a suspension under division (B)
or (D) of this section, if
the person
has not been convicted
within
six years of
the date of the
offense giving rise to the
suspension under this
section of a
violation of any of the
following:
(a) Section 4511.19 of the Revised Code, or a municipal
ordinance relating to operating a vehicle while under the
influence of
alcohol, a drug of abuse, or alcohol and a drug of
abuse;
(b) A
municipal ordinance relating to operating a motor
vehicle with a
prohibited concentration of alcohol, a controlled
substance, or a metabolite of a controlled substance in the whole
blood,
blood serum or plasma, breath, or
urine;
(c) Section 2903.04 of the Revised Code in a case in which
the person was subject to the sanctions described in division (D)
of
that section;
(d) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or
a municipal ordinance that
is substantially similar to either of those
divisions;
(e) Division (A)(2), (3), or (4), or (5) of
section 2903.06,
division (A)(2) of section
2903.08, or
as it existed prior
to
March 23, 2000, section 2903.07 of
the Revised
Code, or
a
municipal
ordinance that is substantially
similar to any of those
divisions
or that former section,
in a
case in which the jury or
judge found
that the
person was under
the influence of alcohol, a
drug of
abuse, or
alcohol and a drug
of abuse.
(2) The first thirty days of a suspension under division (B)
or (D) of this section, if the person
has been convicted one time
within
six years of the date of
the
offense giving rise to the
suspension under this section of
any
violation identified in
division
(E)(1) of
this section.
(3) The first one hundred eighty days of a suspension under
division (B) or (D) of this section, if
the person has been
convicted two times within
six
years of
the
date of the offense
giving rise to the suspension
under this
section of any violation
identified in division
(E)(1) of this
section.
(4) No
limited driving privileges may be
granted if the
person has been convicted three or more times
within five years of
the date of the offense giving rise to a
suspension under division
(B) or (D) of this
section of any violation identified in
division
(E)(1) of this
section.
If a person petitions for
limited driving
privileges
under
division (E) of this section, the registrar shall
be
represented
by the county prosecutor of the county in which
the
person resides
if the petition is filed in a juvenile court
or
county court,
except that if the person resides within a city
or
village that is
located within the jurisdiction of the county
in
which the
petition is filed, the city director of law or
village
solicitor
of that city or village shall represent the
registrar.
If the
petition is filed in a municipal court, the
registrar shall
be
represented as provided in section 1901.34
of the Revised Code.
In granting
limited driving privileges under
division
(E) of
this section, the court may impose any condition
it
considers
reasonable and necessary to limit the use of a
vehicle
by the
person. The court shall deliver to the person a
permit
card, in a
form to be prescribed by the court, setting
forth the
time, place,
and other conditions limiting the person's
use of a
motor vehicle.
The grant of
limited driving
privileges shall
be conditioned upon
the person's having the
permit in the person's
possession at all
times during which
the
person is
operating a
vehicle.
A person granted
limited driving privileges who
operates
a
vehicle for other than
limited purposes,
in violation of
any
condition imposed by the court or without
having the permit
in
the
person's possession, is guilty of a
violation of
section
4510.11
of the
Revised Code.
(F) As used in divisions (C) and (D) of this section:
(1)
"Child" means a person who is under the age of
eighteen
years, except that any person who violates a statute or
ordinance
described in division (C) or (D) of this section prior
to
attaining eighteen years of age shall be deemed a
"child"
irrespective of the person's age at the time the complaint
or
other
equivalent document is filed in the other state or a
hearing,
trial, or other proceeding is held in the other state on
the
complaint or other equivalent document, and irrespective of
the
person's
age when the period of license suspension or denial
prescribed in
division (C) or (D) of this section is imposed.
(2)
"Is convicted of or pleads guilty to" means, as it
relates to a child who is a resident of this state, that in a
proceeding conducted in a state or federal court located in
another state for a violation of a statute or ordinance described
in division (C) or (D) of this section, the result of the
proceeding is any of the following:
(a) Under the laws that govern the proceedings of the
court,
the child is adjudicated to be or admits to being a
delinquent
child or a juvenile traffic offender for
a violation described in
division (C) or (D) of this
section that would be a crime if
committed by an adult;
(b) Under the laws that govern the proceedings of the
court,
the child is convicted of or pleads guilty to a violation
described in
division (C) or (D) of this section;
(c) Under the laws that govern the proceedings of the
court,
irrespective of the terminology utilized in those laws,
the result
of the court's proceedings is the
functional equivalent of
division (F)(2)(a) or (b) of this
section.
Sec. 4510.41. (A) As used in this section:
(1) "Arrested person" means a person who is arrested for a
violation of division (A)(5) of section 2903.06 or of
section
4510.14, 4510.16,
or
4511.203, or 4511.251 of the
Revised
Code,
or a municipal ordinance that is substantially
equivalent to that
division or
any of
those
sections, and whose arrest
results
in
a
vehicle being
seized under division (B) of this
section.
(2) "Vehicle owner" means either of the following:
(a) The person in whose name is registered, at the time of
the seizure, a
vehicle that is seized under division (B) of this
section;
(b) A person to whom the certificate of title to a
vehicle
that is seized under division (B) of this section has been
assigned and who has not obtained a certificate of title to the
vehicle in that person's name, but who is deemed by the court as
being the
owner of the vehicle at the time the vehicle was seized
under division
(B) of this section.
(3) "Interested party" includes the owner of a vehicle
seized
under this
section, all lienholders, the
arrested person,
the
owner of
the place of storage at which a
vehicle seized under
this
section is
stored, and the person or
entity that caused the
vehicle to be
removed.
(B)(1) If a person is arrested for a violation of division
(A)(5) of section 2903.06 or of
section
4510.14
or,
4511.203, or
4511.251 of the Revised
Code or a municipal
ordinance
that is
substantially equivalent to either that division or any
of those
sections or if
a person is arrested for a violation of section
4510.16 of the
Revised Code or a municipal ordinance that is
substantially
equivalent to that section and if division (B)(3)
of section
4510.16 or division (B)(2) of section 4510.161 of the
Revised Code
applies, the arresting officer
or another
officer of
the law
enforcement agency that employs the arresting officer, in
addition
to any action that the arresting officer is required or
authorized
to take by any other provision of law, shall seize the
vehicle
that the person was operating at the time of,
or that was
involved
in, the alleged
offense
if the vehicle is registered in
the
arrested person's name and
its license plates.
A law
enforcement
agency that employs a law enforcement
officer who
makes an arrest
of a type that is described in
this
division
and
that involves a
rented or
leased
vehicle
that is being rented or
leased for a
period
of thirty days or less shall notify, within
twenty-four
hours
after the officer makes the arrest, the lessor
or owner of
the
vehicle regarding the circumstances of
the arrest
and the
location
at which the vehicle may be picked
up. At the
time of
the
seizure
of the vehicle, the law
enforcement officer
who made
the
arrest
shall give the arrested
person written notice
that the
vehicle and
its
license plates have been seized; that the
vehicle
either will
be
kept by the officer's law enforcement
agency or
will be
immobilized at least until the person's initial
appearance
on the
charge of the offense for which the arrest was
made; that,
at the
initial appearance, the court in certain
circumstances may
order
that the vehicle and license plates be
released to
the
arrested person until the disposition of that
charge; that,
if
the
arrested person is convicted of that charge,
the court
generally
must order the immobilization of the vehicle
and the
impoundment
of its license plates or the forfeiture of the
vehicle; and that
the arrested person
may be charged expenses or
charges
incurred
under this section and section 4503.233 of the
Revised
Code for
the removal and storage of the vehicle.
(2) The arresting officer or a law enforcement officer of
the
agency
that employs the arresting officer shall give written
notice of the seizure under division (B)(1) of this section to
the
court that will conduct the initial
appearance of the arrested
person
on the
charges arising out of
the arrest.
Upon receipt
of
the notice, the
court promptly shall
determine whether the
arrested person is the
vehicle owner. If
the
court determines that
the
arrested person is not the vehicle
owner, it promptly shall
send by regular
mail written notice of
the seizure
to the
vehicle's
registered owner. The
written
notice
shall contain all
of the
information
required by
division
(B)(1) of this section to
be in a notice to
be given to
the
arrested person and also shall
specify the date,
time, and
place
of the arrested person's initial
appearance.
The notice also
shall
inform the vehicle owner that if
title
to a motor vehicle
that is
subject to an order for
criminal
forfeiture under this
section is
assigned or
transferred and
division (B)(2) or (3) of
section
4503.234 of the Revised Code
applies, the court may fine
the
arrested person the value of the
vehicle. The notice
also
shall
state that if
the vehicle is
immobilized under
division (A)
of
section 4503.233
of the Revised
Code, seven days after the end
of
the period of
immobilization a
law enforcement agency will
send
the vehicle
owner a notice,
informing the owner that if
the
release of the vehicle
is not
obtained in
accordance
with division
(D)(3)
of section 4503.233 of
the Revised Code, the
vehicle shall
be
forfeited. The notice also
shall inform the
vehicle owner that
the owner may be charged
expenses or charges
incurred
under this
section and section
4503.233 of the
Revised
Code for the removal
and storage of the
vehicle.
The written notice that is given
to the
arrested person
also
shall state
that if the
person
is convicted of
or pleads
guilty to
the
offense
and the court
issues an
immobilization and
impoundment
order relative to that
vehicle, division (D)(4)
of
section
4503.233 of the Revised Code
prohibits the vehicle from
being sold
during the period of
immobilization without the prior
approval of
the court.
(3) At or before the initial appearance, the vehicle
owner
may file a motion requesting the court to order that the
vehicle
and its license plates be released to the vehicle owner. Except
as
provided in this division and subject to the payment
of
expenses
or charges incurred in the removal and storage of
the
vehicle, the
court, in its discretion, then may issue an
order
releasing the
vehicle and its license plates to the
vehicle owner.
Such an order
may be conditioned upon such terms
as the court
determines
appropriate, including the posting of a
bond in an
amount
determined by the court. If the arrested
person is not the
vehicle
owner and if the vehicle owner is not
present at the
arrested
person's initial appearance, and if the
court believes
that the
vehicle owner was not provided with
adequate notice of
the initial
appearance, the court, in its
discretion, may allow
the vehicle
owner to file a motion within
seven days of the
initial
appearance. If the court allows the
vehicle owner to file
such a
motion after the initial
appearance, the extension of time
granted
by the court does not
extend the time within which the
initial
appearance is to be
conducted. If the court issues an
order for
the release of the
vehicle and its license plates, a
copy of the
order shall be
made available to the vehicle owner.
If
the vehicle
owner
presents a copy of the order to the law
enforcement agency
that
employs the law enforcement officer who
arrested the
arrested
person, the
law enforcement agency promptly
shall release the
vehicle and its
license plates to the vehicle
owner upon payment
by the vehicle
owner of any expenses or
charges
incurred in the
removal or
storage of the vehicle.
(4) A vehicle seized under division (B)(1) of this section
either shall be towed to a place specified by the law enforcement
agency that employs the arresting officer to be safely kept by
the
agency at that place for the time and in the manner specified
in
this section or shall be otherwise immobilized for the time and in
the
manner specified in this section. A law enforcement officer
of
that agency shall remove the identification license plates of
the
vehicle, and they shall be safely kept by the agency for the
time
and in the manner specified in this section. No vehicle that
is
seized and either towed or immobilized pursuant to this
division
shall be considered contraband for purposes of Chapter 2981. of
the Revised Code. The vehicle
shall not
be immobilized at any
place other than a commercially
operated
private storage lot, a
place owned by a law enforcement
or other
government agency, or a
place to which one of the
following
applies:
(a) The place is leased by or otherwise under the control
of
a law enforcement or other government agency.
(b) The place is owned by the arrested person, the
arrested
person's spouse, or a parent or child of the arrested
person.
(c) The place is owned by a private person or entity, and,
prior to the immobilization, the private entity or person that
owns the place, or the authorized agent of that private entity or
person, has given express written consent for the immobilization
to be carried out at that place.
(d) The place is a public street or highway on which the
vehicle is parked in accordance with the law.
(C)(1) A vehicle
seized under division
(B)(1) of this
section
shall be safely kept at the place to which it
is towed or
otherwise moved by the law enforcement agency that employs the
arresting officer until the initial appearance of the arrested
person
relative to the charge
in
question.
The
license plates of
the vehicle that are removed pursuant to
division (B)(1) of this
section shall be safely kept by the law
enforcement agency that
employs the arresting officer until at
least the initial
appearance of the
arrested person relative to
the charge in
question.
(2)(a)
At the initial
appearance or not less than seven
days
prior to the date of final
disposition, the court
shall notify the
arrested person that, if
title to
a motor
vehicle that is subject
to an order for criminal
forfeiture under this section
is assigned
or transferred and
division (B)(2) or (3) of
section 4503.234
of
the Revised Code
applies, the court may fine the
arrested person
the value
of the
vehicle. If, at the initial appearance, the
arrested
person
pleads guilty to the violation of division (A)(5)
of section 2903.06 or of
section
4510.14,
4510.16,
or
4511.203,
or 4511.251
of the Revised Code, or a
municipal
ordinance
that is
substantially
equivalent to that division or any of those
sections
or
pleads no contest to and is convicted of the
violation, the
following sentencing provisions apply:
(i) If the person violated section 4510.14 or 4511.203 of the
Revised Code or a municipal ordinance that is substantially
equivalent to either of those sections, or violated section
4510.16 of the Revised Code or a municipal ordinance that is
substantially equivalent to that section and division (B)(3) of
section 4510.16 or division (B)(2) of section 4510.161 of the
Revised Code applies, the court
shall impose sentence upon the
person as
provided by law
or ordinance; the court shall order the
immobilization of the vehicle the
arrested person was operating at
the time of, or
that was involved
in, the offense
if registered in
the arrested person's
name and
the impoundment of its
license
plates under section 4503.233 and
section
4510.14, 4510.16,
4510.161,
or
4511.203
of
the Revised Code or the criminal
forfeiture to the
state of the vehicle
if registered in the
arrested person's name
under
section 4503.234 and
section 2903.06,
4510.14,
4510.16, 4510.161,
or
4511.203, or 4511.251
of the
Revised Code,
whichever is
applicable; and the
vehicle and its
license plates
shall not be
returned or released to the
arrested
person.
(ii) If the person violated section 4510.16 of the Revised
Code or a municipal ordinance that is substantially equivalent to
that section and division (B)(2) of section 4510.16 or division
(B)(1) of section 4510.161 applies, the court shall impose
sentence upon the person as provided by law or ordinance and may
order the immobilization of the vehicle the person was operating
at the time of, or that was involved in, the offense if it is
registered in the arrested person's name and the impoundment of
its license plates under section 4503.233 and section 4510.16 or
4510.161 of the Revised Code, and the vehicle and its license
plates shall not be returned or released to the arrested person.
(b) If, at any time, the charge that the
arrested person
violated
section 2903.06,
4510.14, 4510.16,
or
4511.203, or
4511.251 of the Revised
Code, or a
municipal
ordinance that is
substantially equivalent to
any of
those
sections is dismissed
for
any
reason, the court
shall
order that the vehicle seized at
the
time
of the arrest and
its
license plates
immediately be released
to
the
person.
(D) If a vehicle
and its license plates are seized under
division (B)(1) of this section
and
are not
returned
or
released
to
the
arrested
person pursuant to division (C) of this
section,
the
vehicle and
its license plates shall be retained
until the
final
disposition
of the charge in question. Upon the
final
disposition
of that
charge, the court shall do whichever of
the
following is
applicable:
(1) If the arrested person is convicted of or pleads
guilty
to the violation of
section
4510.14
or
4511.203 of the
Revised
Code, or a municipal
ordinance that is substantially
equivalent to
either of those
sections, or to the violation of section 4510.16
of the Revised Code or a municipal ordinance that is substantially
equivalent to that section and division (B)(3) of section 4510.16
or division (B)(2) of section 4510.161 of the Revised Code
applies, the court
shall
impose
sentence upon the
person as
provided by law
or
ordinance and
shall order the immobilization of
the vehicle the
person
was
operating at the time of, or that was
involved in, the offense
if
it is registered in the arrested
person's name and the
impoundment
of its license plates under
section 4503.233
and
section
4510.14,
4510.16, 4510.161,
or
4511.203 of the Revised Code or the
criminal
forfeiture of the
vehicle
if it is registered in the arrested
person's name under
section
4503.234 and section 2903.06,
4510.14,
4510.16,
4510.161,
or
4511.203, or 4511.251 of the
Revised Code,
whichever is
applicable.
(2) If the person violated section 4510.16 of the Revised
Code or a municipal ordinance that is substantially equivalent to
that section and division (B)(2) of section 4510.16 or division
(B)(1) of section 4510.161 applies, the court shall impose
sentence upon the person as provided by law or ordinance and may
order the immobilization of the vehicle the person was operating
at the time of, or that was involved in, the offense if it is
registered in the person's name and the impoundment of its license
plates under section 4503.233 and section 4510.16 or 4510.161 of
the Revised Code.
(3) If the arrested person is found not guilty of the
violation of
section 2903.06,
4510.14, 4510.16,
or
4511.203, or
4511.251 of the
Revised
Code,
or a municipal ordinance that is
substantially
equivalent to
any of
those
sections, the court
shall order
that
the vehicle and
its license plates immediately
be
released to
the
arrested person.
(4) If the charge that the arrested person violated
section
2903.06,
4510.14,
4510.16,
or
4511.203, or 4511.251 of
the Revised
Code, or a municipal
ordinance
that is substantially equivalent
to
any of those
sections is dismissed
for any reason, the
court shall
order that
the vehicle and its license
plates immediately be
released to the
arrested
person.
(5)
If the impoundment of the vehicle was not authorized
under
this section, the court shall order that the vehicle and its
license plates be
returned immediately to the arrested person or,
if the arrested person is not
the vehicle owner, to the vehicle
owner and shall order that the state or
political subdivision of
the law enforcement agency served by the law
enforcement officer
who seized the vehicle pay all expenses and charges
incurred in
its removal and storage.
(E) If a vehicle is seized under division (B)(2) of this
section, the time between the seizure of the vehicle and either
its release to the
arrested person
pursuant to division (C) of
this section or the issuance of an
order of immobilization of the
vehicle under section 4503.233 of
the Revised
Code shall be
credited against the period
of
immobilization ordered by the
court.
(F)(1)
Except as provided in division
(D)(4) of this
section,
the arrested person may be charged
expenses or charges
incurred in
the removal and storage of the
immobilized vehicle.
The court with
jurisdiction over the case,
after notice to all
interested
parties, including lienholders, and
after an
opportunity for them
to be heard,
if the court
finds that
the
arrested person does not
intend to
seek
release of the vehicle
at
the end of the period of
immobilization under section 4503.233
of
the Revised Code or that
the
arrested person is
not or will not
be able to
pay the expenses
and charges incurred in its removal
and storage,
may order that
title to the vehicle be transferred,
in order of
priority, first
into the name of the person or entity
that removed
it, next into
the name of a lienholder, or lastly
into the name of
the owner of
the place of storage.
Any lienholder that receives title under a court
order shall
do so on the condition that it pay any expenses or
charges
incurred in the vehicle's removal and storage. If the person or
entity that receives title to the vehicle is the person or entity
that removed
it, the person or entity shall receive title on the
condition that it pay any
lien on the vehicle. The court
shall
not
order that title be transferred to any person or entity
other
than
the owner of the place of storage if the person or
entity
refuses
to receive the title. Any person or entity that
receives
title
either may keep title to the vehicle or may
dispose of the
vehicle
in any legal manner that it considers
appropriate,
including
assignment of the certificate of title to
the motor
vehicle to a
salvage dealer or a scrap metal processing
facility.
The person or
entity shall not
transfer the vehicle
to the person
who is the
vehicle's immediate previous
owner.
If the person or entity
that receives title assigns the motor
vehicle
to a
salvage dealer or scrap metal processing facility,
the person or
entity shall send the assigned certificate of title
to the motor
vehicle to the clerk of the court of common pleas of
the county
in which the salvage dealer or scrap metal processing
facility
is located. The person or entity shall mark the face of
the
certificate of title with the words "FOR DESTRUCTION" and
shall
deliver a photocopy of
the certificate of title to the
salvage dealer or scrap metal
processing facility for its records.
(2) Whenever a court issues an order under division (F)(1)
of
this
section, the court also shall order removal of the license
plates
from the vehicle and cause them to be sent to the registrar
if
they have not already been sent to the registrar. Thereafter,
no further
proceedings shall take place under this section or
under section
4503.233 of the Revised Code.
(3) Prior to initiating a proceeding under division (F)(1)
of
this section, and upon payment of the fee under division (B) of
section 4505.14, any interested party may cause a search to be
made of the public records of the bureau of motor vehicles or the
clerk of the court of common pleas, to ascertain the identity of
any lienholder of the vehicle. The initiating party shall
furnish
this information to the clerk of the
court with jurisdiction over
the case, and the clerk shall provide
notice to the
arrested
person, any lienholder, and any other
interested parties
listed by
the initiating party, at the last
known address
supplied by the
initiating party, by certified mail,
or, at the
option of the
initiating party, by personal service or
ordinary
mail.
Sec. 4511.181. As used in sections 4511.181 to
4511.198 of
the Revised Code:
(A) "Equivalent offense" means any of the following:
(1) A violation of division (A) or (B) of section
4511.19 of
the Revised Code;
(2) A violation of a municipal OVI ordinance;
(3) A violation of section 2903.04 of the Revised Code in a
case
in which the offender was subject to the sanctions described
in division
(D) of that section;
(4) A violation of division (A)(1) of section 2903.06 or
2903.08
of the Revised Code or a municipal ordinance that is
substantially equivalent to either of
those divisions;
(5) A violation of division (A)(2), (3), or (4), or (5) of
section
2903.06, division (A)(2) of section 2903.08, or former
section
2903.07
of the Revised Code, or a municipal ordinance that
is
substantially equivalent to any of
those divisions or that
former
section, in a case in which a judge or jury as
the trier of
fact
found that the offender was under the influence of alcohol, a
drug
of
abuse, or a combination of them;
(6) A violation of division (A) or (B) of section 1547.11 of
the Revised Code;
(7) A violation of a municipal ordinance prohibiting a person
from operating or being in physical control of any vessel underway
or from manipulating any water skis, aquaplane, or similar device
on the waters of this state while under the influence of alcohol,
a drug of abuse, or a combination of them or prohibiting a person
from operating or being in physical control of any vessel underway
or from manipulating any water skis, aquaplane, or similar device
on the waters of this state with a prohibited concentration of
alcohol, a controlled substance, or a metabolite of a controlled
substance in the whole blood, blood serum or plasma, breath, or
urine;
(8) A violation of an existing or former municipal
ordinance,
law
of another state, or law of the United States that
is
substantially equivalent to division (A) or (B) of section
4511.19
or division (A) or (B) of section 1547.11 of the
Revised Code;
(9) A violation of a former law of this state that was
substantially equivalent to division (A) or (B) of section
4511.19
or division (A) or (B) of section 1547.11
of the Revised Code.
(B)
"Mandatory jail term" means the mandatory term in jail
of
three, six, ten, twenty, thirty, or sixty days that must be
imposed under
division
(G)(1)(a), (b), or
(c) of section
4511.19
of the Revised Code upon an offender convicted of a
violation of
division (A) of that section and in relation to which
all of the
following apply:
(1) Except as specifically authorized under section 4511.19
of the Revised Code, the term
must be served in a jail.
(2) Except as specifically authorized under section 4511.19
of
the Revised Code, the term cannot be suspended, reduced, or
otherwise modified pursuant to
sections
2929.21 to 2929.28 or any
other
provision of the Revised Code.
(C)
"Municipal OVI ordinance" and "municipal
OVI offense"
mean any
municipal ordinance prohibiting a person from operating a
vehicle while under
the influence of alcohol, a drug of abuse, or
a combination of them or
prohibiting
a person from operating a
vehicle with a prohibited concentration
of alcohol, a controlled
substance, or a metabolite of a controlled substance in the whole
blood, blood serum or plasma, breath, or
urine.
(D)
"Community residential sanction," "continuous alcohol
monitoring," "jail," "mandatory
prison
term," "mandatory term of
local incarceration," "sanction,"
and "prison term"
have the same
meanings as in
section 2929.01 of
the Revised Code.
(E) "Drug of abuse" has the same meaning as in section
4506.01 of the Revised Code.
(F) "Equivalent offense that is vehicle-related" means an
equivalent offense that is any of the following:
(1) A violation described in division (A)(1), (2), (3), (4),
or (5) of this section;
(2) A violation of an existing or former municipal ordinance,
law of another state, or law of the United States that is
substantially equivalent to division (A) or (B) of section 4511.19
of the Revised Code;
(3) A violation of a former law of this state that was
substantially equivalent to division (A) or (B) of section 4511.19
of the Revised Code.
Sec. 4511.251. (A)(1) As used in this section and
section
4510.036 of the Revised Code, "street
racing" means any of the
following:
(a) The
operation
of two or more vehicles from a point
side
by side at
accelerating
speeds in a competitive attempt to
out-distance each
other or the;
(b) The
operation of one or more vehicles
over a common
selected course,
from the same point to the same
point, wherein
timing is made of
the participating vehicles
involving
competitive
accelerations or
speeds;
(c) Any exhibition of speed or acceleration that is
inconsistent with the normal operation of a vehicle on a public
road, street, or highway. Persons
(2) Persons rendering
assistance or encouragement in any form
or manner to such
competitive use of vehicles
shall
be equally
charged as the
participants. The
(3) The operation of
two or
more vehicles side by side
either
at speeds in excess of
prima-facie lawful speeds
established by
divisions (B)(1)(a) to
(B)(8) of section 4511.21 of
the Revised
Code or rapidly
accelerating from a common starting
point to a
speed in excess of
such prima-facie lawful speeds shall
be
prima-facie evidence of
street racing.
(B) No person shall participate in
street racing upon any
public road, street, or
highway in this state.
(C)
Whoever Except as otherwise provided in divisions (D) and
(E) of this section, whoever violates division (B) of this section
is guilty of street
racing,
a
misdemeanor of the first degree. In
addition to any
other
sanctions, if the offender previously has
not been convicted of or pleaded guilty to any violations of this
section or a substantially equivalent municipal ordinance, the
court shall suspend impose upon the offender a class seven
suspension of
the
offender's driver's
license,
commercial driver's
license,
temporary instruction
permit, probationary
license, or
nonresident
operating privilege
for not less than thirty days or
more than three years. No judge
shall suspend the first thirty
days of any suspension of an
offender's license, permit, or
privilege imposed under this
division a period prescribed in
division (A)(7) of section 4510.02 of the Revised Code, which
period shall be one year.
If the offender previously has been convicted of or pleaded
guilty to one or more violations of this section or a
substantially equivalent municipal ordinance, the court, in
addition to any other sanctions, shall impose upon the offender a
class two suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege for a
period prescribed in division (A)(2) of section 4510.02 of the
Revised Code.
(D)(1) Notwithstanding division (C) of this section and
except as otherwise provided in divisions (D)(2) and (E) of this
section, whoever violates division (B) of this section is guilty
of street racing, a misdemeanor of the first degree, if the trier
of fact finds that in violating division (B) of this section the
offender caused physical harm to any other person or caused damage
to the property of any other person. The court, in addition to any
other sanctions, shall impose upon the offender a class five
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege for a period prescribed in
division (A)(5) of section 4510.02 of the Revised Code, which
period shall be three years.
(2) If the offender previously has been convicted of or
pleaded guilty to one or more violations of this section or a
substantially equivalent municipal ordinance and the trier of fact
found one or more times in any of those cases that the offender
caused physical harm to any other person or caused damage to the
property of any other person, whoever violates division (B) of
this section is guilty of street racing, a felony of the fifth
degree, if the trier of fact finds that in violating division (B)
of this section the offender caused physical harm to any other
person or caused damage to the property of any other person. In
addition to any other sanctions, the court shall impose upon the
offender a class five suspension of the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
for a period prescribed in division (A)(5) of section 4510.02 of
the Revised Code, which period shall be three years.
(E)(1) Notwithstanding divisions (C) and (D) of this section
and except as otherwise provided in division (E)(2) of this
section, whoever violates division (B) of this section is guilty
of street racing, a felony of the fourth degree, if the trier of
fact finds that in violating division (B) of this section the
offender caused serious physical harm to any other person. In
addition to any other sanctions, the court shall impose upon the
offender a class four suspension of the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
for a period prescribed in division (A)(4) of section 4510.02 of
the Revised Code, which period shall be five years.
(2) If the offender previously has been convicted of or
pleaded guilty to one or more violations of this section or a
substantially equivalent municipal ordinance and the trier of fact
found one or more times in any of those cases that the offender
caused serious physical harm to any other person, whoever violates
division (B) of this section is guilty of street racing, a felony
of the third degree, if the trier of fact finds that in violating
division (B) of this section the offender caused serious physical
harm to any other person. In addition to any other sanctions, the
court shall impose upon the offender a class four suspension of
the offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege for a period prescribed in division (A)(4) of
section 4510.02 of the Revised Code, which period shall be five
years.
(F) No judge shall suspend any portion of any suspension of
an offender's license, permit, or privilege imposed under this
section.
(G)(1) In addition to any other sanctions, the court shall
order the criminal forfeiture of the motor vehicle the offender
was operating at the time the offender violated division (B) of
this section if either of the following applies:
(a) The motor vehicle the offender was operating at the time
of such violation is registered in the offender's name.
(b) The motor vehicle the offender was operating at the time
of such violation is not registered in the offender's name but is
registered in the name of another person, and the person in whose
name the motor vehicle is registered or the person in control of
the motor vehicle permitted the offender to operate the motor
vehicle and that person knew or had reasonable cause to believe
that the offender would operate the motor vehicle in violation of
section 4511.251 of the Revised Code or a substantially equivalent
municipal ordinance.
(2) Any forfeiture of a motor vehicle under this section
shall be in accordance with section 4503.234 of the Revised Code.
If title to a motor vehicle that is subject to an order of
criminal forfeiture under this section is assigned or transferred
and division (B)(2) or (3) of section 4503.234 of the Revised Code
applies, the court, in addition to any other sanctions, may fine
the offender the value of the vehicle as determined by
publications of the national auto dealers association. The
proceeds of any fine so imposed shall be distributed in accordance
with division (C)(2) of that section.
Sec. 4511.253. (A) A retailer who sells at retail nitrous
oxide shall require every person who purchases nitrous oxide in
this state from the retailer to complete and sign a nitrous oxide
purchase statement. The department of public safety shall make the
purchase statement available at no charge on its internet web site
and also shall furnish the purchase statement to retail sellers of
nitrous oxide upon request. The director of public safety shall
determine the form and contents of the purchase statement, which
shall include at a minimum the name and address of the retailer,
the name and address of the purchaser, the date of the retail
sale, the amount of nitrous oxide sold to the purchaser, and any
other information the director determines should be included on
the statement. The statement also shall include the following
language in twelve-point boldface type:
"I will not use nitrous oxide in any motor vehicle that I
operate on any public road, street, or highway in the state of
Ohio. I understand that street racing on the public roads,
streets, and highways of Ohio is illegal and punishable by a fine,
a jail term or prison term, suspension of a person's driver's or
commercial driver's license, and criminal forfeiture of any
vehicle involved in a street race."
The purchase statement language shall conclude with the
following language in fourteen-point boldface type:
"I understand that if I purchase nitrous oxide and use it in
a motor vehicle that I operate on a public road, street, or
highway in the state of Ohio, I may be subject to prosecution for
the crime of falsification, a misdemeanor of the first degree, and
may be subject to prosecution for other criminal offenses as
well."
(B) No person who purchases nitrous oxide at retail in this
state shall use nitrous oxide in a motor vehicle that the person
operates on a public road, street, or highway in this state.
(C) A retail seller shall retain every nitrous oxide purchase
statement for a period of not less than two years from the date of
the retail sale that generated the purchase statement.
(D) Whoever violates division (B) of this section is guilty
of falsification.
Section 2. That existing sections 2743.51, 2903.06, 2929.01,
2935.03, 4503.234, 4510.17, 4510.41, 4511.181, and 4511.251 of the
Revised Code are hereby repealed.
Section 3. The "Ohio Uniform Traffic Ticket," described in
Traffic Rule 3(A) and (B), shall be amended as needed in order to
implement this act.
Section 4. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following sections,
presented in this act as composites of the sections as amended by
the acts indicated, are the resulting versions of the sections in
effect prior to the effective date of the sections as presented in
this act:
Section 2929.01 of the Revised Code as amended by both Am.
Sub. H.B. 130 and Am. Sub. H.B. 280 of the 127th General Assembly.
Section 4503.234 of the Revised Code as amended by both Sub.
H.B. 241 and Am. Sub. H.B. 461 of the
126th General Assembly.
Section 4510.41 of the Revised Code as amended by both Sub.
H.B. 241 and Am. Sub. H.B. 461 of the
126th General Assembly.
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