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H. B. No. 272 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Celeste, Ruhl
Cosponsors:
Representatives Murray, Stinziano, Yuko, O'Brien, Letson, Garland
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 one thousand three hundred twenty dollars, at a rate not
exceeding sixty 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
and provided that, except as otherwise provided in this division,
the attorney or the attorney's law firm may only receive
attorney's fees as an allowable expense for the services described
in this division in an amount that does not exceed a cumulative
total of thirty thousand dollars in any calendar year. The thirty
thousand-dollar maximum specified in this division does not apply
to an attorney who is an employee of a legal aid society regarding
the services described in this division that the attorney performs
while so employed and does not apply to a legal aid society.
Attorney's fees for the services described in this division may
include an amount for reasonable travel time incurred while
performing those services, assessed at a rate not exceeding thirty
dollars per hour.
(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 violation is
criminally culpable under division (A)(5) of this section, whether
or not the operator's motor vehicle or motorcycle made contact
with any other motor vehicle or motorcycle or any person.
(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.
(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 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 a wireless or landline telephone connection 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
device has been turned off or altered without prior court approval
or otherwise tampered with. The device is designed specifically
for use in electronic monitoring, is not a converted wireless
phone or another tracking device that is clearly not designed for
electronic monitoring, and provides a means of text-based or voice
communication with the person.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by a wireless or
landline telephone connection 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 subject a victim or victims to
involuntary servitude, as defined in section 2905.31 of the
Revised Code, 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, 2905.32, 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 and are not isolated instances.
(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, the offense of street
racing as defined in section 4511.251 of the Revised Code or a
substantially equivalent municipal ordinance, 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 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 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 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 developmental
disabilities and if a department of mental health special police
officer or a department of 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) 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 developmental disabilities special
police officer" means a special police officer of the department
of 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 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
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. Persons rendering assistance in any manner to such
competitive use of vehicles shall be equally charged as the
participants. The
(2) 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)(1) Whoever violates division (B) of this section is
guilty of street racing,.
(2) Except as otherwise provided in divisions (C)(3) to (7)
of this section, street racing is a misdemeanor of the first
degree. In addition to any other sanctions, the court shall
suspend 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
(3) Except as otherwise provided in divisions (C)(4) to (7)
of this section, street racing is a felony of the fifth degree if
the offender knew or had reasonable cause to believe that a device
or apparatus was connected to any vehicle participating in the
street race so as to inject nitrous oxide into the fuel or the
combustion chambers of the engine of the vehicle during the street
race.
(4) Except as otherwise provided in divisions (C)(5) to (7)
of this section, street racing is a felony of the fourth degree if
either of the following applies:
(a) The offender previously has been convicted of or pleaded
guilty to one or more violations of section 4511.20 of the Revised
Code, division (B) of this section, or a municipal ordinance that
is substantially equivalent to that section or division;
(b) The violation caused physical harm to property in an
amount exceeding one thousand dollars or physical harm to any
person, whether or not the physical harm was caused directly by
the offender.
(5) Except as otherwise provided in division (C)(7) of this
section, street racing is a felony of the third degree if the
offender knew or had reasonable cause to believe that a device or
apparatus was connected to any vehicle participating in the street
race so as to inject nitrous oxide into the fuel or the combustion
chambers of the engine of the vehicle during the street race and
either of the following applies:
(a) The offender previously has been convicted of or pleaded
guilty to one or more violations of section 4511.20 of the Revised
Code, division (B) of this section, or a municipal ordinance that
is substantially equivalent to that section or division;
(b) The violation caused physical harm to property in an
amount exceeding one thousand dollars or physical harm to any
person, whether or not the physical harm was caused directly by
the offender.
(6) Except as otherwise provided in division (C)(7) of this
section, street racing is a felony of the third degree if the
violation caused serious physical harm to any person, whether or
not the serious physical harm was caused directly by the offender.
(7) Street racing is a felony of the second degree if the
offender knew or had reasonable cause to believe that a device or
apparatus was connected to any vehicle participating in the street
race so as to inject nitrous oxide into the fuel or the combustion
chambers of the engine of the vehicle during the street race and
the violation caused serious physical harm to any person, whether
or not the serious physical harm was caused directly by the
offender.
(D) In addition to any other penalty for a violation of
division (B) of this section, the court shall suspend the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege for a period of not less than thirty days and
not more than three years.
(E)(1) In addition to any other sanctions and in accordance
with divisions (E)(2) and (3) of this section, the court shall
order the immobilization and impoundment of the license plates of
or 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 the violation is registered in the offender's name.
(b) The motor vehicle the offender was operating at the time
of the 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 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) When division (E)(1) of this section applies, the court
shall order the immobilization of the vehicle involved in the
offense for a period of one hundred eighty days in accordance with
section 4503.233 of the Revised Code and impoundment of the
license plates of that vehicle for a period of one hundred eighty
days in any case in which the penalty for a violation of division
(B) of this section is a misdemeanor of the first degree. In all
other cases in which division (E)(1) of this section applies, the
court shall order the criminal forfeiture of the vehicle.
(3) 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. Every retailer who sells at retail nitrous
oxide shall conspicuously post a sign that contains the following
language: "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. Violators of Ohio's prohibition on street racing
are subject to increased penalties if the motor vehicle operated
by the individual in an illegal street race is enhanced by the use
of nitrous oxide." The sign shall be of sufficient size to be
clearly legible to a person of normal vision. The department of
public safety shall make the sign available at no charge on its
internet web site.
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 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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