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H. B. No. 49 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Grossman, Beck
A BILL
To amend sections 120.36, 2937.22, 2949.091,
2949.094, 2949.111, 4507.45, 4510.22, and 4511.19
of the Revised Code to require that certain fees
and costs paid by parties in a municipal court
that is not a county-operated municipal court and
that appoints counsel for indigent defendants in a
manner other than that provided in section 120.33
of the Revised Code be transmitted to the
treasurer of the municipal corporation and used to
pay the compensation of counsel appointed to
represent indigent defendants.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 120.36, 2937.22, 2949.091, 2949.094,
2949.111, 4507.45, 4510.22, and 4511.19 of the Revised Code be
amended to read as follows:
Sec. 120.36. (A)(1) Subject to division (A)(2), (3), (4),
(5), or (6) of this section, if a person who is a defendant in a
criminal case or a party in a case in juvenile court requests or
is provided a state public defender, a county or joint county
public defender, or any other counsel appointed by the court, the
court in which the criminal case is initially filed or the
juvenile court, whichever is applicable, shall assess, unless the
application fee is waived or reduced, a non-refundable application
fee of twenty-five dollars.
The court shall direct the person to pay the application fee
to the clerk of court. The person shall pay the application fee to
the clerk of court at the time the person files an affidavit of
indigency or a financial disclosure form with the court, a state
public defender, a county or joint county public defender, or any
other counsel appointed by the court or within seven days of that
date. If the person does not pay the application fee within that
seven-day period, the court shall assess the application fee at
sentencing or at the final disposition of the case.
(2) For purposes of this section, a criminal case includes
any case involving a violation of any provision of the Revised
Code or of an ordinance of a municipal corporation for which the
potential penalty includes loss of liberty and includes any
contempt proceeding in which a court may impose a term of
imprisonment.
(3) In a juvenile court proceeding, the court shall not
assess the application fee against a child if the court appoints a
guardian ad litem for the child or the court appoints an attorney
to represent the child at the request of a guardian ad litem.
(4) The court shall not assess an application fee for a
postconviction proceeding or when the defendant files an appeal.
(5)(a) Except when the court assesses an application fee
pursuant to division (A)(5)(b) of this section, the court shall
assess an application fee when a person is charged with a
violation of a community control sanction or a violation of a
post-release control sanction.
(b) If a charge of violating a community control sanction or
post-release control sanction described in division (A)(5)(a) of
this section results in a person also being charged with violating
any provision of the Revised Code or an ordinance of a municipal
corporation, the court shall only assess an application fee for
the case that results from the additional charge.
(6) If a case is transferred from one court to another court
and the person failed to pay the application fee to the court that
initially assessed the application fee, the court that initially
assessed the fee shall remove the assessment, and the court to
which the case was transferred shall assess the application fee.
(7) The court shall assess an application fee pursuant to
this section one time per case. For purposes of assessing the
application fee, a case means one complete proceeding or trial
held in one court for a person on an indictment, information,
complaint, petition, citation, writ, motion, or other document
initiating a case that arises out of a single incident or a series
of related incidents, or when one individual is charged with two
or more offenses that the court handles simultaneously. The court
may waive or reduce the fee for a specific person in a specific
case upon a finding that the person lacks financial resources that
are sufficient to pay the fee or that payment of the fee would
result in an undue hardship.
(B) No court, state public defender, county or joint county
public defender, or other counsel appointed by the court shall
deny a person the assistance of counsel solely due to the person's
failure to pay the application fee assessed pursuant to division
(A) of this section. A person's present inability, failure, or
refusal to pay the application fee shall not disqualify that
person from legal representation.
(C) The application fee assessed pursuant to division (A) of
this section is separate from and in addition to any other amount
assessed against a person who is found to be able to contribute
toward the cost of the person's legal representation pursuant to
division (D) of section 2941.51 of the Revised Code.
(D) The (1) Except as otherwise provided in division (D)(2)
of this section, the clerk of the court that assessed the fees
shall forward all application fees collected pursuant to this
section to the county treasurer for deposit in the county
treasury. The county shall retain eighty per cent of the
application fees so collected to offset the costs of providing
legal representation to indigent persons. Not later than the last
day of each month, the county auditor shall remit twenty per cent
of the application fees so collected in the previous month to the
state public defender. The state public defender shall deposit the
remitted fees into the state treasury to the credit of the client
payment fund created pursuant to division (B)(5) of section 120.04
of the Revised Code. The state public defender may use that money
in accordance with that section.
(2) If the court that assessed the fees is a municipal court
that is not a county-operated municipal court and appoints counsel
for indigent defendants in a manner other than that provided in
section 120.33 of the Revised Code, the clerk of the court that
assessed the fees shall forward all application fees collected
pursuant to this section to the treasurer of the municipal
corporation, and the treasurer shall deposit them into a separate
account to be used to compensate counsel appointed by the court
for indigent defendants.
(E) On or before the twentieth day of each month beginning in
February of the year 2007, each clerk of court shall provide to
the state public defender a report including all of the following:
(1) The number of persons in the previous month who requested
or were provided a state public defender, county or joint county
public defender, or other counsel appointed by the court;
(2) The number of persons in the previous month for whom the
court waived the application fee pursuant to division (A) of this
section;
(3) The dollar value of the application fees assessed
pursuant to division (A) of this section in the previous month;
(4) The amount of assessed application fees collected in the
previous month;
(5) The balance of unpaid assessed application fees at the
open and close of the previous month.
(F) As used in this section:
(1) "Clerk of court" means the clerk of the court of common
pleas of the county, the clerk of the juvenile court of the
county, the clerk of the domestic relations division of the court
of common pleas of the county, the clerk of the probate court of
the county, the clerk of a municipal court in the county, the
clerk of a county-operated municipal court, or the clerk of a
county court in the county, whichever is applicable.
(2) "County-operated municipal court" has the same meaning as
in section 1901.03 of the Revised Code.
Sec. 2937.22. (A) Bail is security for the appearance of an
accused to appear and answer to a specific criminal or
quasi-criminal charge in any court or before any magistrate at a
specific time or at any time to which a case may be continued, and
not depart without leave. It may take any of the following forms:
(1) The deposit of cash by the accused or by some other
person for the accused;
(2) The deposit by the accused or by some other person for
the accused in form of bonds of the United States, this state, or
any political subdivision thereof in a face amount equal to the
sum set by the court or magistrate. In case of bonds not
negotiable by delivery such bonds shall be properly endorsed for
transfer.
(3) The written undertaking by one or more persons to forfeit
the sum of money set by the court or magistrate, if the accused is
in default for appearance, which shall be known as a recognizance.
(B) Whenever a person is charged with any offense other than
a traffic offense that is not a moving violation and posts bail,
the person shall pay a surcharge of twenty-five dollars. The clerk
of the court shall retain the twenty-five dollars until the person
is convicted, pleads guilty, forfeits bail, is found not guilty,
or has the charges dismissed. If the person is convicted, pleads
guilty, or forfeits bail, except as otherwise provided in this
division, the clerk shall transmit the twenty-five dollars on or
before the twentieth day of the month following the month in which
the person was convicted, pleaded guilty, or forfeited bail to the
treasurer of state, and the treasurer of state shall deposit it
into the indigent defense support fund created under section
120.08 of the Revised Code. If the court is a municipal court that
is not a county-operated municipal court and appoints counsel for
indigent defendants in a manner other than that provided in
section 120.33 of the Revised Code, the clerk shall transmit the
twenty-five dollars on or before the twentieth day of the month
following the month in which the person was convicted, pleaded
guilty, or forfeited bail to the treasurer of the municipal
corporation, and the treasurer shall deposit it into a separate
account to be used to compensate counsel appointed by the court
for indigent defendants. If the person is found not guilty or the
charges are dismissed, the clerk shall return the twenty-five
dollars to the person.
(C) All bail shall be received by the clerk of the court,
deputy clerk of court, or by the magistrate, or by a special
referee appointed by the supreme court pursuant to section 2937.46
of the Revised Code, and, except in cases of recognizances,
receipt shall be given therefor.
(D) As used in this section, "moving violation" has the same
meaning as in section 2743.70 of the Revised Code.
Sec. 2949.091. (A)(1)(a) The court in which any person is
convicted of or pleads guilty to any offense shall impose one of
the following sums as costs in the case in addition to any other
court costs that the court is required by law to impose upon the
offender:
(i) Thirty dollars if the offense is a felony;
(ii) Twenty dollars if the offense is a misdemeanor other
than a traffic offense that is not a moving violation;
(iii) Ten dollars if the offense is a traffic offense that is
not a moving violation, excluding parking violations.
(b) All Except as otherwise provided in division (A)(1)(b) of
this section, all moneys collected pursuant to division (A)(1)(a)
of this section during a month shall be transmitted on or before
the twentieth day of the following month by the clerk of the court
to the treasurer of state and deposited by the treasurer of state
to the credit of the indigent defense support fund established
under section 120.08 of the Revised Code. If the court is a
municipal court that is not a county-operated municipal court and
appoints counsel for indigent defendants in a manner other than
that provided in section 120.33 of the Revised Code, on or before
the twentieth day of the following month the clerk of the court
shall transmit all moneys collected pursuant to division (A)(1)(a)
of this section during a month to the treasurer of the municipal
corporation, and the treasurer of the municipal corporation shall
deposit the money into a separate account to be used to compensate
counsel appointed by the court for indigent defendants. The court
shall not waive the payment of the additional thirty-, twenty-, or
ten-dollar court costs, unless the court determines that the
offender is indigent and waives the payment of all court costs
imposed upon the indigent offender.
(2)(a) The juvenile court in which a child is found to be a
delinquent child or a juvenile traffic offender for an act that,
if committed by an adult, would be an offense, shall impose one of
the following sums as costs in the case in addition to any other
court costs that the court is required or permitted by law to
impose upon the delinquent child or juvenile traffic offender:
(i) Thirty dollars if the offense is a felony;
(ii) Twenty dollars if the offense is a misdemeanor other
than a traffic offense that is not a moving violation;
(iii) Ten dollars if the offense is a traffic offense that is
not a moving violation, excluding parking violations.
(b) All Except as otherwise provided in division (A)(2)(b) of
this section, all moneys collected pursuant to division (A)(2)(a)
of this section during a month shall be transmitted on or before
the twentieth day of the following month by the clerk of the court
to the treasurer of state and deposited by the treasurer of state
to the credit of the indigent defense support fund established
under section 120.08 of the Revised Code. If the court is a
municipal court that is not a county-operated municipal court and
appoints counsel for indigent defendants in a manner other than
that provided in section 120.33 of the Revised Code, on or before
the twentieth day of the following month the clerk of the court
shall transmit all moneys collected pursuant to division (A)(2)(a)
of this section during a month to the treasurer of the municipal
corporation, and the treasurer of the municipal corporation shall
deposit the money into a separate account to be used to compensate
counsel appointed by the court for indigent defendants. The
thirty-, twenty-, or ten-dollar court costs shall be collected in
all cases unless the court determines the juvenile is indigent and
waives the payment of all court costs, or enters an order on its
journal stating that it has determined that the juvenile is
indigent, that no other court costs are to be taxed in the case,
and that the payment of the thirty-, twenty-, or ten-dollar court
costs is waived.
(B) Whenever a person is charged with any offense described
in division (A)(1) of this section, the court shall add to the
amount of the bail the thirty, twenty, or ten dollars required to
be paid by division (A)(1) of this section. The thirty, twenty, or
ten dollars shall be retained by the clerk of the court until the
person is convicted, pleads guilty, forfeits bail, is found not
guilty, or has the charges dismissed. If the person is convicted,
pleads guilty, or forfeits bail, except as otherwise provided in
this division, the clerk shall transmit the thirty, twenty, or ten
dollars on or before the twentieth day of the month following the
month in which the person was convicted, pleaded guilty, or
forfeited bail to the treasurer of state, who shall deposit it to
the credit of the indigent defense support fund established under
section 120.08 of the Revised Code. If the court is a municipal
court that is not a county-operated municipal court and appoints
counsel for indigent defendants in a manner other than that
provided in section 120.33 of the Revised Code, the clerk of the
court shall transmit the thirty, twenty, or ten dollars on or
before the twentieth day of the month following the month in which
the person was convicted, pleaded guilty, or forfeited bail to the
treasurer of the municipal corporation, and the treasurer of the
municipal corporation shall deposit it into a separate account to
be used to compensate counsel appointed by the court for indigent
defendants. If the person is found not guilty or the charges are
dismissed, the clerk shall return the thirty, twenty, or ten
dollars to the person.
(C) No person shall be placed or held in a detention facility
for failing to pay the additional thirty-, twenty-, or ten-dollar
court costs or bail that are required to be paid by this section.
(D) As used in this section:
(1) "Moving violation" and "bail" have the same meanings as
in section 2743.70 of the Revised Code.
(2) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
Sec. 2949.094. (A) The court in which any person is
convicted of or pleads guilty to any moving violation shall
impose an additional court cost of ten dollars upon the offender.
The court shall not waive the payment of the ten dollars unless
the court determines that the offender is indigent and waives the
payment of all court costs imposed upon the indigent offender.
The clerk of the court shall transmit thirty-five per cent of
all additional court costs collected pursuant to this division
during a month on or before the twenty-third day of the
following month to the state treasury of which ninety-seven per
cent shall be credited to the drug law enforcement fund created
under section 5502.68 of the Revised Code and the remaining three
per cent shall be credited to the justice program services fund
created under section 5502.67 of the Revised Code. The clerk shall
transmit fifteen per cent of all additional court costs so
collected during a month on or before the twenty-third day of the
following month to the county or municipal indigent drivers
alcohol treatment fund under the control of that court, as
created by the county or municipal corporation under division
(H) of section 4511.191 of the Revised Code. The clerk shall
transmit fifty per cent of all additional court costs so
collected during a month on or before the twenty-third day of
the following month either to the state treasury to be credited
to the indigent defense support fund created pursuant to section
120.08 of the Revised Code or if the court is a municipal court
that is not a county-operated municipal court and appoints counsel
for indigent defendants in a manner other than that provided in
section 120.33 of the Revised Code to the treasurer of the
municipal corporation, who shall deposit it into a separate
account to be used to compensate counsel appointed by the court
for indigent defendants.
(B) The juvenile court in which a child is found to be a
juvenile traffic offender for an act that is a moving violation
shall impose an additional court cost of ten dollars upon the
juvenile traffic offender. The juvenile court shall not waive the
payment of the ten dollars unless the court determines that the
juvenile is indigent and waives the payment of all court costs
imposed upon the indigent offender.
The clerk of the court shall transmit thirty-five per cent of
all additional court costs collected pursuant to this division
during a month on or before the twenty-third day of the
following month to the state treasury of which ninety-seven per
cent shall be credited to the drug law enforcement fund created
under section 5502.68 of the Revised Code and the remaining three
per cent shall be credited to the justice program services fund
created under section 5502.67 of the Revised Code. The clerk shall
transmit fifteen per cent of all additional court costs so
collected during a month on or before the twenty-third day of the
following month to the county juvenile indigent drivers alcohol
treatment fund under the control of that court, as created by the
county under division (H) of section 4511.191 of the Revised Code.
The clerk shall transmit fifty per cent of all additional court
costs so collected during a month on or before the twenty-third
day of the following month to the
state treasury to be credited
to the indigent defense support
fund created pursuant to section
120.08 of the Revised Code.
(C) Whenever a person is charged with any offense that is a
moving violation and posts bail, the court shall add to the amount
of the bail the ten dollars required to be paid by division (A)
of this section. The clerk of the court shall retain the ten
dollars until the person is convicted, pleads guilty, forfeits
bail, is found not guilty, or has the charges dismissed. If the
person is convicted, pleads guilty, or forfeits bail, the clerk
shall transmit three dollars and fifty cents out of the ten
dollars to the state treasury of which ninety-seven per cent
shall be credited to the drug law enforcement fund created under
section 5502.68 of the Revised Code and the remaining three per
cent shall be credited to the justice program services fund
created under section 5502.67 of the Revised Code, the clerk shall
transmit one dollar and fifty cents out of the ten dollars to
the county, municipal, or county juvenile indigent drivers
alcohol treatment fund under the control of that court, as
created by the county or municipal corporation under division
(H) of section 4511.191 of the Revised Code, and the clerk
shall
transmit five dollars out of the ten dollars either to the state
treasury to be credited to the indigent defense
support fund
created under section 120.08 of the Revised Code
or if the court
is a municipal court that is not a county-operated municipal court
and appoints counsel for indigent defendants in a manner other
than that provided in section 120.33 of the Revised Code to the
treasurer of the municipal corporation, who shall deposit it into
a separate account to be used to compensate counsel appointed by
the court for indigent defendants. If the
person is found not
guilty or the charges are dismissed, the
clerk shall return the
ten dollars to the person.
(D) No person shall be placed or held in a detention facility
for failing to pay the court cost or bail that is required to be
paid by this section.
(E) As used in this section:
(1) "Bail" and "moving violation" have the same meanings as
in section 2949.093 of the Revised Code.
(2) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
(3) "Division of criminal justice services" means the
division of criminal justice services of the department of public
safety, created by section 5502.62 of the Revised Code.
Sec. 2949.111. (A) As used in this section:
(1) "Court costs" means any assessment that the court
requires an offender to pay to defray the costs of operating the
court.
(2) "State fines or costs" means any costs imposed or
forfeited bail collected by the court under section 2743.70 of the
Revised Code for deposit into the reparations fund or collected by
the court under section 2949.091 of the Revised Code for deposit
into the indigent defense support fund established under section
120.08 of the Revised Code or for transmission to the treasurer of
a municipal corporation for compensation of counsel appointed for
indigent defendants and all fines, penalties, and forfeited bail
collected by the court and paid to a law library association under
section 307.515 of the Revised Code.
(3) "Reimbursement" means any reimbursement for the costs of
confinement that the court orders an offender to pay pursuant to
section 2929.28 of the Revised Code, any supervision fee, any fee
for the costs of house arrest with electronic monitoring that an
offender agrees to pay, any reimbursement for the costs of an
investigation or prosecution that the court orders an offender to
pay pursuant to section 2929.71 of the Revised Code, or any other
costs that the court orders an offender to pay.
(4) "Supervision fees" means any fees that a court, pursuant
to sections 2929.18, 2929.28, and 2951.021 of the Revised Code,
requires an offender who is under a community control sanction to
pay for supervision services.
(5) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(B) Unless the court, in accordance with division (C) of this
section, enters in the record of the case a different method of
assigning payments, if a person who is charged with a misdemeanor
is convicted of or pleads guilty to the offense, if the court
orders the offender to pay any combination of court costs, state
fines or costs, restitution, a conventional fine, or any
reimbursement, and if the offender makes any payment of any of
them to a clerk of court, the clerk shall assign the offender's
payment in the following manner:
(1) If the court ordered the offender to pay any court costs,
the offender's payment shall be assigned toward the satisfaction
of those court costs until they have been entirely paid.
(2) If the court ordered the offender to pay any state fines
or costs and if all of the court costs that the court ordered the
offender to pay have been paid, the remainder of the offender's
payment shall be assigned on a pro rata basis toward the
satisfaction of the state fines or costs until they have been
entirely paid.
(3) If the court ordered the offender to pay any restitution
and if all of the court costs and state fines or costs that the
court ordered the offender to pay have been paid, the remainder of
the offender's payment shall be assigned toward the satisfaction
of the restitution until it has been entirely paid.
(4) If the court ordered the offender to pay any fine and if
all of the court costs, state fines or costs, and restitution that
the court ordered the offender to pay have been paid, the
remainder of the offender's payment shall be assigned toward the
satisfaction of the fine until it has been entirely paid.
(5) If the court ordered the offender to pay any
reimbursement and if all of the court costs, state fines or costs,
restitution, and fines that the court ordered the offender to pay
have been paid, the remainder of the offender's payment shall be
assigned toward the satisfaction of the reimbursements until they
have been entirely paid.
(C) If a person who is charged with a misdemeanor is
convicted of or pleads guilty to the offense and if the court
orders the offender to pay any combination of court costs, state
fines or costs, restitution, fines, or reimbursements, the court,
at the time it orders the offender to make those payments, may
prescribe an order of payments that differs from the order set
forth in division (B) of this section by entering in the record of
the case the order so prescribed. If a different order is entered
in the record, on receipt of any payment, the clerk of the court
shall assign the payment in the manner prescribed by the court.
Sec. 4507.45. If a person's driver's license, commercial
driver's license, or nonresident operating privilege is suspended,
disqualified, or canceled for an indefinite period of time or for
a period of at least ninety days, and if at the end of the period
of suspension, disqualification, or cancellation the person is
eligible to have the license or privilege reinstated, the
registrar of motor vehicles shall collect a reinstatement fee of
forty dollars when the person requests reinstatement. However, the
registrar shall not collect the fee prescribed by this section if
a different driver's license, commercial driver's license, or
nonresident operating privilege reinstatement fee is prescribed by
law.
The registrar either shall deposit ten dollars of each
forty-dollar fee into the state treasury to the credit of the
indigent defense support fund created by section 120.08 of the
Revised Code and
or if the court that suspended, disqualified, or
canceled the person's driver's license, commercial driver's
license, or nonresident operating privilege is a municipal court
that is not a county-operated municipal court and appoints counsel
for indigent defendants in a manner other than that provided in
section 120.33 of the Revised Code shall transmit ten dollars of
each forty-dollar fee to the treasurer of the municipal
corporation, who shall deposit it into a separate account to be
used to compensate counsel appointed by the court for indigent
defendants. The registrar shall deposit thirty dollars of each fee
into the state treasury to the credit of the state bureau of motor
vehicles fund created by section 4501.25 of the Revised Code.
Sec. 4510.22. (A) If a person who has a current valid Ohio
driver's, commercial driver's license, or temporary instruction
permit is charged with a violation of any provision in sections
4511.01 to 4511.76, 4511.84, 4513.01 to 4513.65, or 4549.01 to
4549.65 of the Revised Code that is classified as a misdemeanor of
the first, second, third, or fourth degree or with a violation of
any substantially equivalent municipal ordinance and if the person
either fails to appear in court at the required time and place to
answer the charge or pleads guilty to or is found guilty of the
violation and fails within the time allowed by the court to pay
the fine imposed by the court, the court shall declare the
forfeiture of the person's license. Thirty days after the
declaration of forfeiture, the court shall inform the registrar of
motor vehicles of the forfeiture by entering information relative
to the of forfeiture on a form approved and furnished by the
registrar and sending the form to the registrar. The court also
shall forward the person's license, if it is in the possession of
the court, to the registrar.
The registrar shall impose a class F suspension of the
person's driver's or commercial driver's license, or temporary
instruction permit for the period of time specified in division
(B)(6) of section 4510.02 of the Revised Code on any person who is
named in a declaration received by the registrar under this
section. The registrar shall send written notification of the
suspension to the person at the person's last known address and,
if the person is in possession of the license, order the person to
surrender the person's license or permit to the registrar within
forty-eight hours.
No valid driver's or commercial driver's license shall be
granted to the person after the suspension, unless the court
having jurisdiction of the offense that led to the suspension
orders that the forfeiture be terminated. The court shall order
the termination of the forfeiture if the person thereafter appears
to answer the charge and pays any fine imposed by the court or
pays the fine originally imposed by the court. The court shall
inform the registrar of the termination of the forfeiture by
entering information relative to the termination on a form
approved and furnished by the registrar and sending the form to
the registrar. The person shall pay to the bureau of motor
vehicles a twenty-five-dollar reinstatement fee. The registrar
shall deposit fifteen dollars of the fee into the state treasury
to the credit of the state bureau of motor vehicles fund created
by section 4501.25 of the Revised Code to cover the costs of the
bureau in administering this section and either shall deposit ten
dollars of the fee into the state treasury to the credit of the
indigent defense support fund created by section 120.08 of the
Revised Code or if the court that declared the forfeiture is a
municipal court that is not a county-operated municipal court and
appoints counsel for indigent defendants in a manner other than
that provided in section 120.33 of the Revised Code, shall
transmit ten dollars of the fee to the treasurer of the municipal
corporation, who shall deposit it into a separate account to be
used to compensate counsel appointed by the court for indigent
defendants.
(B) In addition to suspending the driver's or commercial
driver's license or permit of the person named in a declaration of
forfeiture, the registrar, upon receipt from the court of the copy
of the declaration of forfeiture, shall take any measures that may
be necessary to ensure that neither the registrar nor any deputy
registrar accepts any application for the registration or transfer
of registration of any motor vehicle owned or leased by the person
named in the declaration of forfeiture. However, for a motor
vehicle leased by a person named in a declaration of forfeiture,
the registrar shall not implement the preceding sentence until the
registrar adopts procedures for that implementation under section
4503.39 of the Revised Code. The period of denial of registration
or transfer shall continue until such time as the court having
jurisdiction of the offense that led to the suspension orders the
forfeiture be terminated. Upon receipt by the registrar of an
order terminating the forfeiture, the registrar also shall take
any measures that may be necessary to permit the person to
register a motor vehicle owned or leased by the person or to
transfer the registration of such a motor vehicle, if the person
later makes application to take such action and otherwise is
eligible to register the motor vehicle or to transfer its
registration.
The registrar shall not be required to give effect to any
declaration of forfeiture or order terminating a forfeiture
provided by a court under this section unless the information
contained in the declaration or order is transmitted to the
registrar by means of an electronic transfer system. The registrar
shall not restore the person's driving or vehicle registration
privileges until the person pays the reinstatement fee as provided
in this section.
The period of denial relating to the issuance or transfer of
a certificate of registration for a motor vehicle imposed pursuant
to this division remains in effect until the person pays any fine
imposed by the court relative to the offense.
Sec. 4511.19. (A)(1) No person shall operate any vehicle,
streetcar, or trackless trolley within this state, if, at the time
of the operation, any of the following apply:
(a) The person is under the influence of alcohol, a drug of
abuse, or a combination of them.
(b) The person has a concentration of eight-hundredths of one
per cent or more but less than seventeen-hundredths of one per
cent by weight per unit volume of alcohol in the person's whole
blood.
(c) The person has a concentration of ninety-six-thousandths
of one per cent or more but less than two hundred four-thousandths
of one per cent by weight per unit volume of alcohol in the
person's blood serum or plasma.
(d) The person has a concentration of eight-hundredths of one
gram or more but less than seventeen-hundredths of one gram by
weight of alcohol per two hundred ten liters of the person's
breath.
(e) The person has a concentration of eleven-hundredths of
one gram or more but less than two hundred
thirty-eight-thousandths of one gram by weight of alcohol per one
hundred milliliters of the person's urine.
(f) The person has a concentration of seventeen-hundredths of
one per cent or more by weight per unit volume of alcohol in the
person's whole blood.
(g) The person has a concentration of two hundred
four-thousandths of one per cent or more by weight per unit volume
of alcohol in the person's blood serum or plasma.
(h) The person has a concentration of seventeen-hundredths of
one gram or more by weight of alcohol per two hundred ten liters
of the person's breath.
(i) The person has a concentration of two hundred
thirty-eight-thousandths of one gram or more by weight of alcohol
per one hundred milliliters of the person's urine.
(j) Except as provided in division (K) of this section, the
person has a concentration of any of the following controlled
substances or metabolites of a controlled substance in the
person's whole blood, blood serum or plasma, or urine that equals
or exceeds any of the following:
(i) The person has a concentration of amphetamine in the
person's urine of at least five hundred nanograms of amphetamine
per milliliter of the person's urine or has a concentration of
amphetamine in the person's whole blood or blood serum or plasma
of at least one hundred nanograms of amphetamine per milliliter of
the person's whole blood or blood serum or plasma.
(ii) The person has a concentration of cocaine in the
person's urine of at least one hundred fifty nanograms of cocaine
per milliliter of the person's urine or has a concentration of
cocaine in the person's whole blood or blood serum or plasma of at
least fifty nanograms of cocaine per milliliter of the person's
whole blood or blood serum or plasma.
(iii) The person has a concentration of cocaine metabolite in
the person's urine of at least one hundred fifty nanograms of
cocaine metabolite per milliliter of the person's urine or has a
concentration of cocaine metabolite in the person's whole blood or
blood serum or plasma of at least fifty nanograms of cocaine
metabolite per milliliter of the person's whole blood or blood
serum or plasma.
(iv) The person has a concentration of heroin in the person's
urine of at least two thousand nanograms of heroin per milliliter
of the person's urine or has a concentration of heroin in the
person's whole blood or blood serum or plasma of at least fifty
nanograms of heroin per milliliter of the person's whole blood or
blood serum or plasma.
(v) The person has a concentration of heroin metabolite
(6-monoacetyl morphine) in the person's urine of at least ten
nanograms of heroin metabolite (6-monoacetyl morphine) per
milliliter of the person's urine or has a concentration of heroin
metabolite (6-monoacetyl morphine) in the person's whole blood or
blood serum or plasma of at least ten nanograms of heroin
metabolite (6-monoacetyl morphine) per milliliter of the person's
whole blood or blood serum or plasma.
(vi) The person has a concentration of L.S.D. in the person's
urine of at least twenty-five nanograms of L.S.D. per milliliter
of the person's urine or a concentration of L.S.D. in the person's
whole blood or blood serum or plasma of at least ten nanograms of
L.S.D. per milliliter of the person's whole blood or blood serum
or plasma.
(vii) The person has a concentration of marihuana in the
person's urine of at least ten nanograms of marihuana per
milliliter of the person's urine or has a concentration of
marihuana in the person's whole blood or blood serum or plasma of
at least two nanograms of marihuana per milliliter of the person's
whole blood or blood serum or plasma.
(viii) Either of the following applies:
(I) The person is under the influence of alcohol, a drug of
abuse, or a combination of them, and, as measured by gas
chromatography mass spectrometry, the person has a concentration
of marihuana metabolite in the person's urine of at least fifteen
nanograms of marihuana metabolite per milliliter of the person's
urine or has a concentration of marihuana metabolite in the
person's whole blood or blood serum or plasma of at least five
nanograms of marihuana metabolite per milliliter of the person's
whole blood or blood serum or plasma.
(II) As measured by gas chromatography mass spectrometry, the
person has a concentration of marihuana metabolite in the person's
urine of at least thirty-five nanograms of marihuana metabolite
per milliliter of the person's urine or has a concentration of
marihuana metabolite in the person's whole blood or blood serum or
plasma of at least fifty nanograms of marihuana metabolite per
milliliter of the person's whole blood or blood serum or plasma.
(ix) The person has a concentration of methamphetamine in the
person's urine of at least five hundred nanograms of
methamphetamine per milliliter of the person's urine or has a
concentration of methamphetamine in the person's whole blood or
blood serum or plasma of at least one hundred nanograms of
methamphetamine per milliliter of the person's whole blood or
blood serum or plasma.
(x) The person has a concentration of phencyclidine in the
person's urine of at least twenty-five nanograms of phencyclidine
per milliliter of the person's urine or has a concentration of
phencyclidine in the person's whole blood or blood serum or plasma
of at least ten nanograms of phencyclidine per milliliter of the
person's whole blood or blood serum or plasma.
(xi) The state board of pharmacy has adopted a rule pursuant
to section 4729.041 of the Revised Code that specifies the amount
of salvia divinorum and the amount of salvinorin A that constitute
concentrations of salvia divinorum and salvinorin A in a person's
urine, in a person's whole blood, or in a person's blood serum or
plasma at or above which the person is impaired for purposes of
operating any vehicle, streetcar, or trackless trolley within this
state, the rule is in effect, and the person has a concentration
of salvia divinorum or salvinorin A of at least that amount so
specified by rule in the person's urine, in the person's whole
blood, or in the person's blood serum or plasma.
(2) No person who, within twenty years of the conduct
described in division (A)(2)(a) of this section, previously has
been convicted of or pleaded guilty to a violation of this
division, a violation of division (A)(1) or (B) of this section,
or any other equivalent offense shall do both of the following:
(a) Operate any vehicle, streetcar, or trackless trolley
within this state while under the influence of alcohol, a drug of
abuse, or a combination of them;
(b) Subsequent to being arrested for operating the vehicle,
streetcar, or trackless trolley as described in division (A)(2)(a)
of this section, being asked by a law enforcement officer to
submit to a chemical test or tests under section 4511.191 of the
Revised Code, and being advised by the officer in accordance with
section 4511.192 of the Revised Code of the consequences of the
person's refusal or submission to the test or tests, refuse to
submit to the test or tests.
(B) No person under twenty-one years of age shall operate any
vehicle, streetcar, or trackless trolley within this state, if, at
the time of the operation, any of the following apply:
(1) The person has a concentration of at least two-hundredths
of one per cent but less than eight-hundredths of one per cent by
weight per unit volume of alcohol in the person's whole blood.
(2) The person has a concentration of at least
three-hundredths of one per cent but less than
ninety-six-thousandths of one per cent by weight per unit volume
of alcohol in the person's blood serum or plasma.
(3) The person has a concentration of at least two-hundredths
of one gram but less than eight-hundredths of one gram by weight
of alcohol per two hundred ten liters of the person's breath.
(4) The person has a concentration of at least twenty-eight
one-thousandths of one gram but less than eleven-hundredths of one
gram by weight of alcohol per one hundred milliliters of the
person's urine.
(C) In any proceeding arising out of one incident, a person
may be charged with a violation of division (A)(1)(a) or (A)(2)
and a violation of division (B)(1), (2), or (3) of this section,
but the person may not be convicted of more than one violation of
these divisions.
(D)(1)(a) In any criminal prosecution or juvenile court
proceeding for a violation of division (A)(1)(a) of this section
or for an equivalent offense that is vehicle-related, the result
of any test of any blood or urine withdrawn and analyzed at any
health care provider, as defined in section 2317.02 of the Revised
Code, may be admitted with expert testimony to be considered with
any other relevant and competent evidence in determining the guilt
or innocence of the defendant.
(b) In any criminal prosecution or juvenile court proceeding
for a violation of division (A) or (B) of this section or for an
equivalent offense that is vehicle-related, the court may admit
evidence on the concentration of alcohol, drugs of abuse,
controlled substances, metabolites of a controlled substance, or a
combination of them in the defendant's whole blood, blood serum or
plasma, breath, urine, or other bodily substance at the time of
the alleged violation as shown by chemical analysis of the
substance withdrawn within three hours of the time of the alleged
violation. The three-hour time limit specified in this division
regarding the admission of evidence does not extend or affect the
two-hour time limit specified in division (A) of section 4511.192
of the Revised Code as the maximum period of time during which a
person may consent to a chemical test or tests as described in
that section. The court may admit evidence on the concentration of
alcohol, drugs of abuse, or a combination of them as described in
this division when a person submits to a blood, breath, urine, or
other bodily substance test at the request of a law enforcement
officer under section 4511.191 of the Revised Code or a blood or
urine sample is obtained pursuant to a search warrant. Only a
physician, a registered nurse, an emergency medical
technician-intermediate, an emergency medical
technician-paramedic, or a qualified technician, chemist, or
phlebotomist shall withdraw a blood sample for the purpose of
determining the alcohol, drug, controlled substance, metabolite of
a controlled substance, or combination content of the whole blood,
blood serum, or blood plasma. This limitation does not apply to
the taking of breath or urine specimens. A person authorized to
withdraw blood under this division may refuse to withdraw blood
under this division, if in that person's opinion, the physical
welfare of the person would be endangered by the withdrawing of
blood.
The bodily substance withdrawn under division (D)(1)(b) of
this section shall be analyzed in accordance with methods approved
by the director of health by an individual possessing a valid
permit issued by the director pursuant to section 3701.143 of the
Revised Code.
(c) As used in division (D)(1)(b) of this section, "emergency
medical technician-intermediate" and "emergency medical
technician-paramedic" have the same meanings as in section 4765.01
of the Revised Code.
(2) In a criminal prosecution or juvenile court proceeding
for a violation of division (A) of this section or for an
equivalent offense that is vehicle-related, if there was at the
time the bodily substance was withdrawn a concentration of less
than the applicable concentration of alcohol specified in
divisions (A)(1)(b), (c), (d), and (e) of this section or less
than the applicable concentration of a listed controlled substance
or a listed metabolite of a controlled substance specified for a
violation of division (A)(1)(j) of this section, that fact may be
considered with other competent evidence in determining the guilt
or innocence of the defendant. This division does not limit or
affect a criminal prosecution or juvenile court proceeding for a
violation of division (B) of this section or for an equivalent
offense that is substantially equivalent to that division.
(3) Upon the request of the person who was tested, the
results of the chemical test shall be made available to the person
or the person's attorney, immediately upon the completion of the
chemical test analysis.
If the chemical test was obtained pursuant to division
(D)(1)(b) of this section, the person tested may have a physician,
a registered nurse, or a qualified technician, chemist, or
phlebotomist of the person's own choosing administer a chemical
test or tests, at the person's expense, in addition to any
administered at the request of a law enforcement officer. If the
person was under arrest as described in division (A)(5) of section
4511.191 of the Revised Code, the arresting officer shall advise
the person at the time of the arrest that the person may have an
independent chemical test taken at the person's own expense. If
the person was under arrest other than described in division
(A)(5) of section 4511.191 of the Revised Code, the form to be
read to the person to be tested, as required under section
4511.192 of the Revised Code, shall state that the person may have
an independent test performed at the person's expense. The failure
or inability to obtain an additional chemical test by a person
shall not preclude the admission of evidence relating to the
chemical test or tests taken at the request of a law enforcement
officer.
(4)(a) As used in divisions (D)(4)(b) and (c) of this
section, "national highway traffic safety administration" means
the national highway traffic safety administration established as
an administration of the United States department of
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.
(b) In any criminal prosecution or juvenile court proceeding
for a violation of division (A) or (B) of this section, of a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, or of a municipal ordinance relating to operating a
vehicle with a prohibited concentration of alcohol, a controlled
substance, or a metabolite of a controlled substance in the whole
blood, blood serum or plasma, breath, or urine, if a law
enforcement officer has administered a field sobriety test to the
operator of the vehicle involved in the violation and if it is
shown by clear and convincing evidence that the officer
administered the test in substantial compliance with the testing
standards for any reliable, credible, and generally accepted field
sobriety tests that were in effect at the time the tests were
administered, including, but not limited to, any testing standards
then in effect that were set by the national highway traffic
safety administration, all of the following apply:
(i) The officer may testify concerning the results of the
field sobriety test so administered.
(ii) The prosecution may introduce the results of the field
sobriety test so administered as evidence in any proceedings in
the criminal prosecution or juvenile court proceeding.
(iii) If testimony is presented or evidence is introduced
under division (D)(4)(b)(i) or (ii) of this section and if the
testimony or evidence is admissible under the Rules of Evidence,
the court shall admit the testimony or evidence and the trier of
fact shall give it whatever weight the trier of fact considers to
be appropriate.
(c) Division (D)(4)(b) of this section does not limit or
preclude a court, in its determination of whether the arrest of a
person was supported by probable cause or its determination of any
other matter in a criminal prosecution or juvenile court
proceeding of a type described in that division, from considering
evidence or testimony that is not otherwise disallowed by division
(D)(4)(b) of this section.
(E)(1) Subject to division (E)(3) of this section, in any
criminal prosecution or juvenile court proceeding for a violation
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)
or (B)(1), (2), (3), or (4) of this section or for an equivalent
offense that is substantially equivalent to any of those
divisions, a laboratory report from any laboratory personnel
issued a permit by the department of health authorizing an
analysis as described in this division that contains an analysis
of the whole blood, blood serum or plasma, breath, urine, or other
bodily substance tested and that contains all of the information
specified in this division shall be admitted as prima-facie
evidence of the information and statements that the report
contains. The laboratory report shall contain all of the
following:
(a) The signature, under oath, of any person who performed
the analysis;
(b) Any findings as to the identity and quantity of alcohol,
a drug of abuse, a controlled substance, a metabolite of a
controlled substance, or a combination of them that was found;
(c) A copy of a notarized statement by the laboratory
director or a designee of the director that contains the name of
each certified analyst or test performer involved with the report,
the analyst's or test performer's employment relationship with the
laboratory that issued the report, and a notation that performing
an analysis of the type involved is part of the analyst's or test
performer's regular duties;
(d) An outline of the analyst's or test performer's
education, training, and experience in performing the type of
analysis involved and a certification that the laboratory
satisfies appropriate quality control standards in general and, in
this particular analysis, under rules of the department of health.
(2) Notwithstanding any other provision of law regarding the
admission of evidence, a report of the type described in division
(E)(1) of this section is not admissible against the defendant to
whom it pertains in any proceeding, other than a preliminary
hearing or a grand jury proceeding, unless the prosecutor has
served a copy of the report on the defendant's attorney or, if the
defendant has no attorney, on the defendant.
(3) A report of the type described in division (E)(1) of this
section shall not be prima-facie evidence of the contents,
identity, or amount of any substance if, within seven days after
the defendant to whom the report pertains or the defendant's
attorney receives a copy of the report, the defendant or the
defendant's attorney demands the testimony of the person who
signed the report. The judge in the case may extend the seven-day
time limit in the interest of justice.
(F) Except as otherwise provided in this division, any
physician, registered nurse, emergency medical
technician-intermediate, emergency medical technician-paramedic,
or qualified technician, chemist, or phlebotomist who withdraws
blood from a person pursuant to this section or section 4511.191
or 4511.192 of the Revised Code, and any hospital, first-aid
station, or clinic at which blood is withdrawn from a person
pursuant to this section or section 4511.191 or 4511.192 of the
Revised Code, is immune from criminal liability and civil
liability based upon a claim of assault and battery or any other
claim that is not a claim of malpractice, for any act performed in
withdrawing blood from the person. The immunity provided in this
division also extends to an emergency medical service organization
that employs an emergency medical technician-intermediate or
emergency medical technician-paramedic who withdraws blood under
this section. The immunity provided in this division is not
available to a person who withdraws blood if the person engages in
willful or wanton misconduct.
As used in this division, "emergency medical
technician-intermediate" and "emergency medical
technician-paramedic" have the same meanings as in section 4765.01
of the Revised Code.
(G)(1) Whoever violates any provision of divisions (A)(1)(a)
to (i) or (A)(2) of this section is guilty of operating a vehicle
under the influence of alcohol, a drug of abuse, or a combination
of them. Whoever violates division (A)(1)(j) of this section is
guilty of operating a vehicle while under the influence of a
listed controlled substance or a listed metabolite of a controlled
substance. The court shall sentence the offender for either
offense under Chapter 2929. of the Revised Code, except as
otherwise authorized or required by divisions (G)(1)(a) to (e) of
this section:
(a) Except as otherwise provided in division (G)(1)(b), (c),
(d), or (e) of this section, the offender is guilty of a
misdemeanor of the first degree, and the court shall sentence the
offender to all of the following:
(i) If the sentence is being imposed for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term of three consecutive days. As used in this
division, three consecutive days means seventy-two consecutive
hours. The court may sentence an offender to both an intervention
program and a jail term. The court may impose a jail term in
addition to the three-day mandatory jail term or intervention
program. However, in no case shall the cumulative jail term
imposed for the offense exceed six months.
The court may suspend the execution of the three-day jail
term under this division if the court, in lieu of that suspended
term, places the offender under a community control sanction
pursuant to section 2929.25 of the Revised Code and requires the
offender to attend, for three consecutive days, a drivers'
intervention program certified under section 3793.10 of the
Revised Code. The court also may suspend the execution of any part
of the three-day jail term under this division if it places the
offender under a community control sanction pursuant to section
2929.25 of the Revised Code for part of the three days, requires
the offender to attend for the suspended part of the term a
drivers' intervention program so certified, and sentences the
offender to a jail term equal to the remainder of the three
consecutive days that the offender does not spend attending the
program. The court may require the offender, as a condition of
community control and in addition to the required attendance at a
drivers' intervention program, to attend and satisfactorily
complete any treatment or education programs that comply with the
minimum standards adopted pursuant to Chapter 3793. of the Revised
Code by the director of alcohol and drug addiction services that
the operators of the drivers' intervention program determine that
the offender should attend and to report periodically to the court
on the offender's progress in the programs. The court also may
impose on the offender any other conditions of community control
that it considers necessary.
(ii) If the sentence is being imposed for a violation of
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, except as otherwise provided in this division, a
mandatory jail term of at least three consecutive days and a
requirement that the offender attend, for three consecutive days,
a drivers' intervention program that is certified pursuant to
section 3793.10 of the Revised Code. As used in this division,
three consecutive days means seventy-two consecutive hours. If the
court determines that the offender is not conducive to treatment
in a drivers' intervention program, if the offender refuses to
attend a drivers' intervention program, or if the jail at which
the offender is to serve the jail term imposed can provide a
driver's intervention program, the court shall sentence the
offender to a mandatory jail term of at least six consecutive
days.
The court may require the offender, under a community control
sanction imposed under section 2929.25 of the Revised Code, to
attend and satisfactorily complete any treatment or education
programs that comply with the minimum standards adopted pursuant
to Chapter 3793. of the Revised Code by the director of alcohol
and drug addiction services, in addition to the required
attendance at drivers' intervention program, that the operators of
the drivers' intervention program determine that the offender
should attend and to report periodically to the court on the
offender's progress in the programs. The court also may impose any
other conditions of community control on the offender that it
considers necessary.
(iii) In all cases, a fine of not less than three hundred
seventy-five and not more than one thousand seventy-five dollars;
(iv) In all cases, a class five license suspension of the
offender's driver's or commercial driver's license or permit or
nonresident operating privilege from the range specified in
division (A)(5) of section 4510.02 of the Revised Code. The court
may grant limited driving privileges relative to the suspension
under sections 4510.021 and 4510.13 of the Revised Code.
(b) Except as otherwise provided in division (G)(1)(e) of
this section, an offender who, within six years of the offense,
previously has been convicted of or pleaded guilty to one
violation of division (A) or (B) of this section or one other
equivalent offense is guilty of a misdemeanor of the first degree.
The court shall sentence the offender to all of the following:
(i) If the sentence is being imposed for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term of ten consecutive days. The court shall
impose the ten-day mandatory jail term under this division unless,
subject to division (G)(3) of this section, it instead imposes a
sentence under that division consisting of both a jail term and a
term of house arrest with electronic monitoring, with continuous
alcohol monitoring, or with both electronic monitoring and
continuous alcohol monitoring. The court may impose a jail term in
addition to the ten-day mandatory jail term. The cumulative jail
term imposed for the offense shall not exceed six months.
In addition to the jail term or the term of house arrest with
electronic monitoring or continuous alcohol monitoring or both
types of monitoring and jail term, the court shall require the
offender to be assessed by an alcohol and drug treatment program
that is authorized by section 3793.02 of the Revised Code, subject
to division (I) of this section, and shall order the offender to
follow the treatment recommendations of the program. The purpose
of the assessment is to determine the degree of the offender's
alcohol usage and to determine whether or not treatment is
warranted. Upon the request of the court, the program shall submit
the results of the assessment to the court, including all
treatment recommendations and clinical diagnoses related to
alcohol use.
(ii) If the sentence is being imposed for a violation of
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, except as otherwise provided in this division, a
mandatory jail term of twenty consecutive days. The court shall
impose the twenty-day mandatory jail term under this division
unless, subject to division (G)(3) of this section, it instead
imposes a sentence under that division consisting of both a jail
term and a term of house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The court may impose a jail
term in addition to the twenty-day mandatory jail term. The
cumulative jail term imposed for the offense shall not exceed six
months.
In addition to the jail term or the term of house arrest with
electronic monitoring or continuous alcohol monitoring or both
types of monitoring and jail term, the court shall require the
offender to be assessed by an alcohol and drug treatment program
that is authorized by section 3793.02 of the Revised Code, subject
to division (I) of this section, and shall order the offender to
follow the treatment recommendations of the program. The purpose
of the assessment is to determine the degree of the offender's
alcohol usage and to determine whether or not treatment is
warranted. Upon the request of the court, the program shall submit
the results of the assessment to the court, including all
treatment recommendations and clinical diagnoses related to
alcohol use.
(iii) In all cases, notwithstanding the fines set forth in
Chapter 2929. of the Revised Code, a fine of not less than five
hundred twenty-five and not more than one thousand six hundred
twenty-five dollars;
(iv) In all cases, a class four license suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(4) of
section 4510.02 of the Revised Code. The court may grant limited
driving privileges relative to the suspension under sections
4510.021 and 4510.13 of the Revised Code.
(v) In all cases, if the vehicle is registered in the
offender's name, immobilization of the vehicle involved in the
offense for ninety days in accordance with section 4503.233 of the
Revised Code and impoundment of the license plates of that vehicle
for ninety days.
(c) Except as otherwise provided in division (G)(1)(e) of
this section, an offender who, within six years of the offense,
previously has been convicted of or pleaded guilty to two
violations of division (A) or (B) of this section or other
equivalent offenses is guilty of a misdemeanor. The court shall
sentence the offender to all of the following:
(i) If the sentence is being imposed for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term of thirty consecutive days. The court shall
impose the thirty-day mandatory jail term under this division
unless, subject to division (G)(3) of this section, it instead
imposes a sentence under that division consisting of both a jail
term and a term of house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The court may impose a jail
term in addition to the thirty-day mandatory jail term.
Notwithstanding the jail terms set forth in sections 2929.21 to
2929.28 of the Revised Code, the additional jail term shall not
exceed one year, and the cumulative jail term imposed for the
offense shall not exceed one year.
(ii) If the sentence is being imposed for a violation of
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory jail term of sixty consecutive days. The
court shall impose the sixty-day mandatory jail term under this
division unless, subject to division (G)(3) of this section, it
instead imposes a sentence under that division consisting of both
a jail term and a term of house arrest with electronic monitoring,
with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring. The court may impose
a jail term in addition to the sixty-day mandatory jail term.
Notwithstanding the jail terms set forth in sections 2929.21 to
2929.28 of the Revised Code, the additional jail term shall not
exceed one year, and the cumulative jail term imposed for the
offense shall not exceed one year.
(iii) In all cases, notwithstanding the fines set forth in
Chapter 2929. of the Revised Code, a fine of not less than eight
hundred fifty and not more than two thousand seven hundred fifty
dollars;
(iv) In all cases, a class three license suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(3) of
section 4510.02 of the Revised Code. The court may grant limited
driving privileges relative to the suspension under sections
4510.021 and 4510.13 of the Revised Code.
(v) In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle involved in
the offense in accordance with section 4503.234 of the Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of criminal forfeiture under
this division.
(vi) In all cases, the court shall order the offender to
participate in an alcohol and drug addiction program authorized by
section 3793.02 of the Revised Code, subject to division (I) of
this section, and shall order the offender to follow the treatment
recommendations of the program. The operator of the program shall
determine and assess the degree of the offender's alcohol
dependency and shall make recommendations for treatment. Upon the
request of the court, the program shall submit the results of the
assessment to the court, including all treatment recommendations
and clinical diagnoses related to alcohol use.
(d) Except as otherwise provided in division (G)(1)(e) of
this section, an offender who, within six years of the offense,
previously has been convicted of or pleaded guilty to three or
four violations of division (A) or (B) of this section or other
equivalent offenses or an offender who, within twenty years of the
offense, previously has been convicted of or pleaded guilty to
five or more violations of that nature is guilty of a felony of
the fourth degree. The court shall sentence the offender to all of
the following:
(i) If the sentence is being imposed for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory prison term of one, two, three, four, or five years as
required by and in accordance with division (G)(2) of section
2929.13 of the Revised Code if the offender also is convicted of
or also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or, in the discretion of the
court, either a mandatory term of local incarceration of sixty
consecutive days in accordance with division (G)(1) of section
2929.13 of the Revised Code or a mandatory prison term of sixty
consecutive days in accordance with division (G)(2) of that
section if the offender is not convicted of and does not plead
guilty to a specification of that type. If the court imposes a
mandatory term of local incarceration, it may impose a jail term
in addition to the sixty-day mandatory term, the cumulative total
of the mandatory term and the jail term for the offense shall not
exceed one year, and, except as provided in division (A)(1) of
section 2929.13 of the Revised Code, no prison term is authorized
for the offense. If the court imposes a mandatory prison term,
notwithstanding division (A)(4) of section 2929.14 of the Revised
Code, it also may sentence the offender to a definite prison term
that shall be not less than six months and not more than thirty
months and the prison terms shall be imposed as described in
division (G)(2) of section 2929.13 of the Revised Code. If the
court imposes a mandatory prison term or mandatory prison term and
additional prison term, in addition to the term or terms so
imposed, the court also may sentence the offender to a community
control sanction for the offense, but the offender shall serve all
of the prison terms so imposed prior to serving the community
control sanction.
(ii) If the sentence is being imposed for a violation of
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory prison term of one, two, three, four, or five
years as required by and in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender also is
convicted of or also pleads guilty to a specification of the type
described in section 2941.1413 of the Revised Code or, in the
discretion of the court, either a mandatory term of local
incarceration of one hundred twenty consecutive days in accordance
with division (G)(1) of section 2929.13 of the Revised Code or a
mandatory prison term of one hundred twenty consecutive days in
accordance with division (G)(2) of that section if the offender is
not convicted of and does not plead guilty to a specification of
that type. If the court imposes a mandatory term of local
incarceration, it may impose a jail term in addition to the one
hundred twenty-day mandatory term, the cumulative total of the
mandatory term and the jail term for the offense shall not exceed
one year, and, except as provided in division (A)(1) of section
2929.13 of the Revised Code, no prison term is authorized for the
offense. If the court imposes a mandatory prison term,
notwithstanding division (A)(4) of section 2929.14 of the Revised
Code, it also may sentence the offender to a definite prison term
that shall be not less than six months and not more than thirty
months and the prison terms shall be imposed as described in
division (G)(2) of section 2929.13 of the Revised Code. If the
court imposes a mandatory prison term or mandatory prison term and
additional prison term, in addition to the term or terms so
imposed, the court also may sentence the offender to a community
control sanction for the offense, but the offender shall serve all
of the prison terms so imposed prior to serving the community
control sanction.
(iii) In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine of not less than one thousand three hundred
fifty nor more than ten thousand five hundred dollars;
(iv) In all cases, a class two license suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(2) of
section 4510.02 of the Revised Code. The court may grant limited
driving privileges relative to the suspension under sections
4510.021 and 4510.13 of the Revised Code.
(v) In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle involved in
the offense in accordance with section 4503.234 of the Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of criminal forfeiture under
this division.
(vi) In all cases, the court shall order the offender to
participate in an alcohol and drug addiction program authorized by
section 3793.02 of the Revised Code, subject to division (I) of
this section, and shall order the offender to follow the treatment
recommendations of the program. The operator of the program shall
determine and assess the degree of the offender's alcohol
dependency and shall make recommendations for treatment. Upon the
request of the court, the program shall submit the results of the
assessment to the court, including all treatment recommendations
and clinical diagnoses related to alcohol use.
(vii) In all cases, if the court sentences the offender to a
mandatory term of local incarceration, in addition to the
mandatory term, the court, pursuant to section 2929.17 of the
Revised Code, may impose a term of house arrest with electronic
monitoring. The term shall not commence until after the offender
has served the mandatory term of local incarceration.
(e) An offender who previously has been convicted of or
pleaded guilty to a violation of division (A) of this section that
was a felony, regardless of when the violation and the conviction
or guilty plea occurred, is guilty of a felony of the third
degree. The court shall sentence the offender to all of the
following:
(i) If the offender is being sentenced for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory prison term of one, two, three, four, or five years as
required by and in accordance with division (G)(2) of section
2929.13 of the Revised Code if the offender also is convicted of
or also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or a mandatory prison term
of sixty consecutive days in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender is not
convicted of and does not plead guilty to a specification of that
type. The court may impose a prison term in addition to the
mandatory prison term. The cumulative total of a sixty-day
mandatory prison term and the additional prison term for the
offense shall not exceed five years. In addition to the mandatory
prison term or mandatory prison term and additional prison term
the court imposes, the court also may sentence the offender to a
community control sanction for the offense, but the offender shall
serve all of the prison terms so imposed prior to serving the
community control sanction.
(ii) If the sentence is being imposed for a violation of
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory prison term of one, two, three, four, or five
years as required by and in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender also is
convicted of or also pleads guilty to a specification of the type
described in section 2941.1413 of the Revised Code or a mandatory
prison term of one hundred twenty consecutive days in accordance
with division (G)(2) of section 2929.13 of the Revised Code if the
offender is not convicted of and does not plead guilty to a
specification of that type. The court may impose a prison term in
addition to the mandatory prison term. The cumulative total of a
one hundred twenty-day mandatory prison term and the additional
prison term for the offense shall not exceed five years. In
addition to the mandatory prison term or mandatory prison term and
additional prison term the court imposes, the court also may
sentence the offender to a community control sanction for the
offense, but the offender shall serve all of the prison terms so
imposed prior to serving the community control sanction.
(iii) In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine of not less than one thousand three hundred
fifty nor more than ten thousand five hundred dollars;
(iv) In all cases, a class two license suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(2) of
section 4510.02 of the Revised Code. The court may grant limited
driving privileges relative to the suspension under sections
4510.021 and 4510.13 of the Revised Code.
(v) In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle involved in
the offense in accordance with section 4503.234 of the Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of criminal forfeiture under
this division.
(vi) In all cases, the court shall order the offender to
participate in an alcohol and drug addiction program authorized by
section 3793.02 of the Revised Code, subject to division (I) of
this section, and shall order the offender to follow the treatment
recommendations of the program. The operator of the program shall
determine and assess the degree of the offender's alcohol
dependency and shall make recommendations for treatment. Upon the
request of the court, the program shall submit the results of the
assessment to the court, including all treatment recommendations
and clinical diagnoses related to alcohol use.
(2) An offender who is convicted of or pleads guilty to a
violation of division (A) of this section and who subsequently
seeks reinstatement of the driver's or occupational driver's
license or permit or nonresident operating privilege suspended
under this section as a result of the conviction or guilty plea
shall pay a reinstatement fee as provided in division (F)(2) of
section 4511.191 of the Revised Code.
(3) If an offender is sentenced to a jail term under division
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and
if, within sixty days of sentencing of the offender, the court
issues a written finding on the record that, due to the
unavailability of space at the jail where the offender is required
to serve the term, the offender will not be able to begin serving
that term within the sixty-day period following the date of
sentencing, the court may impose an alternative sentence under
this division that includes a term of house arrest with electronic
monitoring, with continuous alcohol monitoring, or with both
electronic monitoring and continuous alcohol monitoring.
As an alternative to a mandatory jail term of ten consecutive
days required by division (G)(1)(b)(i) of this section, the court,
under this division, may sentence the offender to five consecutive
days in jail and not less than eighteen consecutive days of house
arrest with electronic monitoring, with continuous alcohol
monitoring, or with both electronic monitoring and continuous
alcohol monitoring. The cumulative total of the five consecutive
days in jail and the period of house arrest with electronic
monitoring, continuous alcohol monitoring, or both types of
monitoring shall not exceed six months. The five consecutive days
in jail do not have to be served prior to or consecutively to the
period of house arrest.
As an alternative to the mandatory jail term of twenty
consecutive days required by division (G)(1)(b)(ii) of this
section, the court, under this division, may sentence the offender
to ten consecutive days in jail and not less than thirty-six
consecutive days of house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The cumulative total of the ten
consecutive days in jail and the period of house arrest with
electronic monitoring, continuous alcohol monitoring, or both
types of monitoring shall not exceed six months. The ten
consecutive days in jail do not have to be served prior to or
consecutively to the period of house arrest.
As an alternative to a mandatory jail term of thirty
consecutive days required by division (G)(1)(c)(i) of this
section, the court, under this division, may sentence the offender
to fifteen consecutive days in jail and not less than fifty-five
consecutive days of house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The cumulative total of the
fifteen consecutive days in jail and the period of house arrest
with electronic monitoring, continuous alcohol monitoring, or both
types of monitoring shall not exceed one year. The fifteen
consecutive days in jail do not have to be served prior to or
consecutively to the period of house arrest.
As an alternative to the mandatory jail term of sixty
consecutive days required by division (G)(1)(c)(ii) of this
section, the court, under this division, may sentence the offender
to thirty consecutive days in jail and not less than one hundred
ten consecutive days of house arrest with electronic monitoring,
with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring. The cumulative total
of the thirty consecutive days in jail and the period of house
arrest with electronic monitoring, continuous alcohol monitoring,
or both types of monitoring shall not exceed one year. The thirty
consecutive days in jail do not have to be served prior to or
consecutively to the period of house arrest.
(4) If an offender's driver's or occupational driver's
license or permit or nonresident operating privilege is suspended
under division (G) of this section and if section 4510.13 of the
Revised Code permits the court to grant limited driving
privileges, the court may grant the limited driving privileges in
accordance with that section. If division (A)(7) of that section
requires that the court impose as a condition of the privileges
that the offender must display on the vehicle that is driven
subject to the privileges restricted license plates that are
issued under section 4503.231 of the Revised Code, except as
provided in division (B) of that section, the court shall impose
that condition as one of the conditions of the limited driving
privileges granted to the offender, except as provided in division
(B) of section 4503.231 of the Revised Code.
(5) Fines imposed under this section for a violation of
division (A) of this section shall be distributed as follows:
(a) Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under
division (G)(1)(b)(iii), one hundred twenty-three dollars of the
fine imposed under division (G)(1)(c)(iii), and two hundred ten
dollars of the fine imposed under division (G)(1)(d)(iii) or
(e)(iii) of this section shall be paid to an enforcement and
education fund established by the legislative authority of the law
enforcement agency in this state that primarily was responsible
for the arrest of the offender, as determined by the court that
imposes the fine. The agency shall use this share to pay only
those costs it incurs in enforcing this section or a municipal OVI
ordinance and in informing the public of the laws governing the
operation of a vehicle while under the influence of alcohol, the
dangers of the operation of a vehicle under the influence of
alcohol, and other information relating to the operation of a
vehicle under the influence of alcohol and the consumption of
alcoholic beverages.
(b) Fifty dollars of the fine imposed under division
(G)(1)(a)(iii) of this section shall be paid to the political
subdivision that pays the cost of housing the offender during the
offender's term of incarceration. If the offender is being
sentenced for a violation of division (A)(1)(a), (b), (c), (d),
(e), or (j) of this section and was confined as a result of the
offense prior to being sentenced for the offense but is not
sentenced to a term of incarceration, the fifty dollars shall be
paid to the political subdivision that paid the cost of housing
the offender during that period of confinement. The political
subdivision shall use the share under this division to pay or
reimburse incarceration or treatment costs it incurs in housing or
providing drug and alcohol treatment to persons who violate this
section or a municipal OVI ordinance, costs of any immobilizing or
disabling device used on the offender's vehicle, and costs of
electronic house arrest equipment needed for persons who violate
this section.
(c) Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii) and fifty dollars of the fine imposed under
division (G)(1)(b)(iii) of this section shall be deposited into
the county or municipal indigent drivers' alcohol treatment fund
under the control of that court, as created by the county or
municipal corporation under division (F) of section 4511.191 of
the Revised Code.
(d) One hundred fifteen dollars of the fine imposed under
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the
fine imposed under division (G)(1)(c)(iii), and four hundred forty
dollars of the fine imposed under division (G)(1)(d)(iii) or
(e)(iii) of this section shall be paid to the political
subdivision that pays the cost of housing the offender during the
offender's term of incarceration. The political subdivision shall
use this share to pay or reimburse incarceration or treatment
costs it incurs in housing or providing drug and alcohol treatment
to persons who violate this section or a municipal OVI ordinance,
costs for any immobilizing or disabling device used on the
offender's vehicle, and costs of electronic house arrest equipment
needed for persons who violate this section.
(e) Fifty dollars of the fine imposed under divisions
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii),
and (G)(1)(e)(iii) of this section shall be deposited into the
special projects fund of the court in which the offender was
convicted and that is established under division (E)(1) of section
2303.201, division (B)(1) of section 1901.26, or division (B)(1)
of section 1907.24 of the Revised Code, to be used exclusively to
cover the cost of immobilizing or disabling devices, including
certified ignition interlock devices, and remote alcohol
monitoring devices for indigent offenders who are required by a
judge to use either of these devices. If the court in which the
offender was convicted does not have a special projects fund that
is established under division (E)(1) of section 2303.201, division
(B)(1) of section 1901.26, or division (B)(1) of section 1907.24
of the Revised Code, the fifty dollars shall be deposited into the
indigent drivers interlock and alcohol monitoring fund under
division (I) of section 4511.191 of the Revised Code.
(f) Seventy-five dollars of the fine imposed under division
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine
imposed under division (G)(1)(b)(iii), two hundred fifty dollars
of the fine imposed under division (G)(1)(c)(iii), and five
hundred dollars of the fine imposed under division (G)(1)(d)(iii)
or (e)(iii) of this section either shall be transmitted to the
treasurer of state for deposit into the indigent defense support
fund established under section 120.08 of the Revised Code or if
the court that imposed the fine under division (G)(1)(a)(iii),
(b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this section is a
municipal court that is not a county-operated municipal court and
appoints counsel for indigent defendants in a manner other than
that provided in section 120.33 of the Revised Code shall be
transmitted to the treasurer of the municipal corporation, who
shall deposit the amounts into a separate account to be used to
compensate counsel appointed by the court for indigent defendants.
(g) The balance of the fine imposed under division
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this
section shall be disbursed as otherwise provided by law.
(6) If title to a motor vehicle that is subject to an order
of criminal forfeiture under division (G)(1)(c), (d), or (e) of
this section is assigned or transferred and division (B)(2) or (3)
of section 4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the vehicle as determined by
publications of the national auto dealers association. The
proceeds of any fine so imposed shall be distributed in accordance
with division (C)(2) of that section.
(7) As used in division (G) of this section, "electronic
monitoring," "mandatory prison term," and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of the
Revised Code.
(H) Whoever violates division (B) of this section is guilty
of operating a vehicle after underage alcohol consumption and
shall be punished as follows:
(1) Except as otherwise provided in division (H)(2) of this
section, the offender is guilty of a misdemeanor of the fourth
degree. In addition to any other sanction imposed for the offense,
the court shall impose a class six suspension of the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege from the range specified in division (A)(6) of section
4510.02 of the Revised Code.
(2) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to one or more
violations of division (A) or (B) of this section or other
equivalent offenses, the offender is guilty of a misdemeanor of
the third degree. In addition to any other sanction imposed for
the offense, the court shall impose a class four suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(4) of
section 4510.02 of the Revised Code.
(3) If the offender also is convicted of or also pleads
guilty to a specification of the type described in section
2941.1416 of the Revised Code and if the court imposes a jail term
for the violation of division (B) of this section, the court shall
impose upon the offender an additional definite jail term pursuant
to division (E) of section 2929.24 of the Revised Code.
(I)(1) No court shall sentence an offender to an alcohol
treatment program under this section unless the treatment program
complies with the minimum standards for alcohol treatment programs
adopted under Chapter 3793. of the Revised Code by the director of
alcohol and drug addiction services.
(2) An offender who stays in a drivers' intervention program
or in an alcohol treatment program under an order issued under
this section shall pay the cost of the stay in the program.
However, if the court determines that an offender who stays in an
alcohol treatment program under an order issued under this section
is unable to pay the cost of the stay in the program, the court
may order that the cost be paid from the court's indigent drivers'
alcohol treatment fund.
(J) If a person whose driver's or commercial driver's license
or permit or nonresident operating privilege is suspended under
this section files an appeal regarding any aspect of the person's
trial or sentence, the appeal itself does not stay the operation
of the suspension.
(K) Division (A)(1)(j) of this section does not apply to a
person who operates a vehicle, streetcar, or trackless trolley
while the person has a concentration of a listed controlled
substance or a listed metabolite of a controlled substance in the
person's whole blood, blood serum or plasma, or urine that equals
or exceeds the amount specified in that division, if both of the
following apply:
(1) The person obtained the controlled substance pursuant to
a prescription issued by a licensed health professional authorized
to prescribe drugs.
(2) The person injected, ingested, or inhaled the controlled
substance in accordance with the health professional's directions.
(L) The prohibited concentrations of a controlled substance
or a metabolite of a controlled substance listed in division
(A)(1)(j) of this section also apply in a prosecution of a
violation of division (D) of section 2923.16 of the Revised Code
in the same manner as if the offender is being prosecuted for a
prohibited concentration of alcohol.
(M) All terms defined in section 4510.01 of the Revised Code
apply to this section. If the meaning of a term defined in section
4510.01 of the Revised Code conflicts with the meaning of the same
term as defined in section 4501.01 or 4511.01 of the Revised Code,
the term as defined in section 4510.01 of the Revised Code applies
to this section.
(N)(1) The Ohio Traffic Rules in effect on January 1, 2004,
as adopted by the supreme court under authority of section 2937.46
of the Revised Code, do not apply to felony violations of this
section. Subject to division (N)(2) of this section, the Rules of
Criminal Procedure apply to felony violations of this section.
(2) If, on or after January 1, 2004, the supreme court
modifies the Ohio Traffic Rules to provide procedures to govern
felony violations of this section, the modified rules shall apply
to felony violations of this section.
Section 2. That existing sections 120.36, 2937.22, 2949.091,
2949.094, 2949.111, 4507.45, 4510.22, and 4511.19 of the Revised
Code are hereby repealed.
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