Bill Text: OH HB335 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: Be transmitted to the treasurer of the municipal corporation and used to pay the compensation of counsel appointed to represent indigent defendants.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2009-10-27 - To Judiciary [HB335 Detail]

Download: Ohio-2009-HB335-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 335

Representative Combs 

Cosponsors: Representatives Grossman, Domenick 

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A BILL

To amend sections 120.36, 2937.22, 2949.091,

1

2949.094, 2949.111, 4507.45, 4510.22, and 4511.19

2

of the Revised Code to require that certain fees

3

and costs paid by parties in a municipal court

4

that is not a county operated municipal court

5

and that appoints counsel for indigent

6

defendants in a manner other than that provided

7

in section 120.33 of the Revised Code be

8

transmitted to the treasurer of the municipal

9

corporation and used to pay the compensation of

10

counsel appointed to represent indigent

11

defendants.

12

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 120.36, 2937.22, 2949.091, 2949.094,	13
2949.111, 4507.45, 4510.22, and 4511.19 of the Revised Code be	14
amended to read as follows:	15

Sec. 120.36. (A)(1) Subject to division (A)(2), (3), (4),	16
(5), or (6) of this section, if a person who is a defendant in a	17
criminal case or a party in a case in juvenile court requests or	18
is provided a state public defender, a county or joint county	19
public defender, or any other counsel appointed by the court, the	20
court in which the criminal case is initially filed or the	21
juvenile court, whichever is applicable, shall assess, unless the	22
application fee is waived or reduced, a non-refundable application	23
fee of twenty-five dollars.	24

The court shall direct the person to pay the application fee	25
to the clerk of court. The person shall pay the application fee to	26
the clerk of court at the time the person files an affidavit of	27
indigency or a financial disclosure form with the court, a state	28
public defender, a county or joint county public defender, or any	29
other counsel appointed by the court or within seven days of that	30
date. If the person does not pay the application fee within that	31
seven-day period, the court shall assess the application fee at	32
sentencing or at the final disposition of the case.	33

(2) For purposes of this section, a criminal case includes	34
any case involving a violation of any provision of the Revised	35
Code or of an ordinance of a municipal corporation for which the	36
potential penalty includes loss of liberty and includes any	37
contempt proceeding in which a court may impose a term of	38
imprisonment.	39

(3) In a juvenile court proceeding, the court shall not	40
assess the application fee against a child if the court appoints a	41
guardian ad litem for the child or the court appoints an attorney	42
to represent the child at the request of a guardian ad litem.	43

(4) The court shall not assess an application fee for a	44
postconviction proceeding or when the defendant files an appeal.	45

(5)(a) Except when the court assesses an application fee	46
pursuant to division (A)(5)(b) of this section, the court shall	47
assess an application fee when a person is charged with a	48
violation of a community control sanction or a violation of a	49
post-release control sanction.	50

(b) If a charge of violating a community control sanction or	51
post-release control sanction described in division (A)(5)(a) of	52
this section results in a person also being charged with violating	53
any provision of the Revised Code or an ordinance of a municipal	54
corporation, the court shall only assess an application fee for	55
the case that results from the additional charge.	56

(6) If a case is transferred from one court to another court	57
and the person failed to pay the application fee to the court that	58
initially assessed the application fee, the court that initially	59
assessed the fee shall remove the assessment, and the court to	60
which the case was transferred shall assess the application fee.	61

(7) The court shall assess an application fee pursuant to	62
this section one time per case. For purposes of assessing the	63
application fee, a case means one complete proceeding or trial	64
held in one court for a person on an indictment, information,	65
complaint, petition, citation, writ, motion, or other document	66
initiating a case that arises out of a single incident or a series	67
of related incidents, or when one individual is charged with two	68
or more offenses that the court handles simultaneously. The court	69
may waive or reduce the fee for a specific person in a specific	70
case upon a finding that the person lacks financial resources that	71
are sufficient to pay the fee or that payment of the fee would	72
result in an undue hardship.	73

(B) No court, state public defender, county or joint county	74
public defender, or other counsel appointed by the court shall	75
deny a person the assistance of counsel solely due to the person's	76
failure to pay the application fee assessed pursuant to division	77
(A) of this section. A person's present inability, failure, or	78
refusal to pay the application fee shall not disqualify that	79
person from legal representation.	80

(C) The application fee assessed pursuant to division (A) of	81
this section is separate from and in addition to any other amount	82
assessed against a person who is found to be able to contribute	83
toward the cost of the person's legal representation pursuant to	84
division (D) of section 2941.51 of the Revised Code.	85

(D) The(1) Except as otherwise provided in division (D)(2)	86
of this section, the clerk of the court that assessed the fees	87
shall forward all application fees collected pursuant to this	88
section to the county treasurer for deposit in the county	89
treasury. The county shall retain eighty per cent of the	90
application fees so collected to offset the costs of providing	91
legal representation to indigent persons. Not later than the last	92
day of each month, the county auditor shall remit twenty per cent	93
of the application fees so collected in the previous month to the	94
state public defender. The state public defender shall deposit the	95
remitted fees into the state treasury to the credit of the client	96
payment fund created pursuant to division (B)(5) of section 120.04	97
of the Revised Code. The state public defender may use that money	98
in accordance with that section.	99

(2) If the court that assessed the fees is a municipal court	100
that is not a county-operated municipal court and appoints counsel	101
for indigent defendants in a manner other than that provided in	102
section 120.33 of the Revised Code, the clerk of the court that	103
assessed the fees shall forward all application fees collected	104
pursuant to this section to the treasurer of the municipal	105
corporation, and the treasurer shall deposit them into a separate	106
account to be used to compensate counsel appointed by the court	107
for indigent defendants.	108

(E) On or before the twentieth day of each month beginning in	109
February of the year 2007, each clerk of court shall provide to	110
the state public defender a report including all of the following:	111

(1) The number of persons in the previous month who requested	112
or were provided a state public defender, county or joint county	113
public defender, or other counsel appointed by the court;	114

(2) The number of persons in the previous month for whom the	115
court waived the application fee pursuant to division (A) of this	116
section;	117

(3) The dollar value of the application fees assessed	118
pursuant to division (A) of this section in the previous month;	119

(4) The amount of assessed application fees collected in the	120
previous month;	121

(5) The balance of unpaid assessed application fees at the	122
open and close of the previous month.	123

(F) As used in this section:

124

(1) "Clerk of court" means the clerk of the court of common	125
pleas of the county, the clerk of the juvenile court of the	126
county, the clerk of the domestic relations division of the court	127
of common pleas of the county, the clerk of the probate court of	128
the county, the clerk of a municipal court in the county, the	129
clerk of a county-operated municipal court, or the clerk of a	130
county court in the county, whichever is applicable.	131

(2) "County-operated municipal court" has the same meaning as	132
in section 1901.03 of the Revised Code.	133

Sec. 2937.22.  (A) Bail is security for the appearance of an	134
accused to appear and answer to a specific criminal or	135
quasi-criminal charge in any court or before any magistrate at a	136
specific time or at any time to which a case may be continued, and	137
not depart without leave. It may take any of the following forms:	138

(1) The deposit of cash by the accused or by some other	139
person for the accused;	140

(2) The deposit by the accused or by some other person for	141
the accused in form of bonds of the United States, this state, or	142
any political subdivision thereof in a face amount equal to the	143
sum set by the court or magistrate. In case of bonds not	144
negotiable by delivery such bonds shall be properly endorsed for	145
transfer.	146

(3) The written undertaking by one or more persons to	147
forfeit the sum of money set by the court or magistrate, if the	148
accused is in default for appearance, which shall be known as a	149
recognizance.	150

(B) Whenever a person is charged with any offense other than	151
a traffic offense that is not a moving violation and posts bail,	152
the person shall pay a surcharge of twenty-five dollars. The clerk	153
of the court shall retain the twenty-five dollars until the person	154
is convicted, pleads guilty, forfeits bail, is found not guilty,	155
or has the charges dismissed. If the person is convicted, pleads	156
guilty, or forfeits bail, except as otherwise provided in this	157
division, the clerk shall transmit the twenty-five dollars on or	158
before the twentieth day of the month following the month in	159
which the person was convicted, pleaded guilty, or forfeited bail	160
to the treasurer of state, and the treasurer of state shall	161
deposit it into the indigent defense support fund created under	162
section 120.08 of the Revised Code. If the court is a municipal	163
court that is not a county-operated municipal court and appoints	164
counsel for indigent defendants in a manner other than that	165
provided in section 120.33 of the Revised Code, the clerk shall	166
transmit the twenty-five dollars on or before the twentieth day of	167
the month following the month in which the person was convicted,	168
pleaded guilty, or forfeited bail to the treasurer of the	169
municipal corporation, and the treasurer shall deposit it into a	170
separate account to be used to compensate counsel appointed by the	171
court for indigent defendants. If the person is found not guilty	172
or the charges are dismissed, the clerk shall return the	173
twenty-five dollars to the person.	174

(C) All bail shall be received by the clerk of the court,	175
deputy clerk of court, or by the magistrate, or by a special	176
referee appointed by the supreme court pursuant to section 2937.46	177
of the Revised Code, and, except in cases of recognizances,	178
receipt shall be given therefor.	179

(D) As used in this section, "moving violation" has the same	180
meaning as in section 2743.70 of the Revised Code.	181

Sec. 2949.091.  (A)(1)(a) The court in which any person is	182
convicted of or pleads guilty to any offense shall impose one of	183
the following sums as costs in the case in addition to any other	184
court costs that the court is required by law to impose upon the	185
offender:	186

(i) Thirty dollars if the offense is a felony;

187

(ii) Twenty dollars if the offense is a misdemeanor other	188
than a traffic offense that is not a moving violation;	189

(iii) Ten dollars if the offense is a traffic offense that	190
is not a moving violation, excluding parking violations.	191

(b) AllExcept as otherwise provided in division (A)(1)(b) of	192
this section, all moneys collected pursuant to division (A)(1)(a)	193
of this section during a month shall be transmitted on or before	194
the twentieth day of the following month by the clerk of the	195
court to the treasurer of state and deposited by the treasurer of	196
state to the credit of the indigent defense support fund	197
established under section 120.08 of the Revised Code. If the	198
court is a municipal court that is not a county-operated municipal	199
court and appoints counsel for indigent defendants in a manner	200
other than that provided in section 120.33 of the Revised Code, on	201
or before the twentieth day of the following month the clerk of	202
the court shall transmit all moneys collected pursuant to division	203
(A)(1)(a) of this section during a month to the treasurer of the	204
municipal corporation, and the treasurer of the municipal	205
corporation shall deposit the money into a separate account to be	206
used to compensate counsel appointed by the court for indigent	207
defendants. The court shall not waive the payment of the	208
additional thirty-, twenty-, or ten-dollar court costs, unless	209
the court determines that the offender is indigent and waives	210
the payment of all court costs imposed upon the indigent	211
offender.	212

(2)(a) The juvenile court in which a child is found to be a	213
delinquent child or a juvenile traffic offender for an act that,	214
if committed by an adult, would be an offense, shall impose one	215
of the following sums as costs in the case in addition to any	216
other court costs that the court is required or permitted by law	217
to impose upon the delinquent child or juvenile traffic	218
offender:	219

(i) Thirty dollars if the offense is a felony;

220

(ii) Twenty dollars if the offense is a misdemeanor other	221
than a traffic offense that is not a moving violation;	222

(iii) Ten dollars if the offense is a traffic offense that	223
is not a moving violation, excluding parking violations.	224

(b) AllExcept as otherwise provided in division (A)(2)(b) of	225
this section, all moneys collected pursuant to division (A)(2)(a)	226
of this section during a month shall be transmitted on or before	227
the twentieth day of the following month by the clerk of the	228
court to the treasurer of state and deposited by the treasurer of	229
state to the credit of the indigent defense support fund	230
established under section 120.08 of the Revised Code. If the	231
court is a municipal court that is not a county-operated municipal	232
court and appoints counsel for indigent defendants in a manner	233
other than that provided in section 120.33 of the Revised Code, on	234
or before the twentieth day of the following month the clerk of	235
the court shall transmit all moneys collected pursuant to division	236
(A)(2)(a) of this section during a month to the treasurer of the	237
municipal corporation, and the treasurer of the municipal	238
corporation shall deposit the money into a separate account to be	239
used to compensate counsel appointed by the court for indigent	240
defendants. The thirty-, twenty-, or ten-dollar court costs	241
shall be collected in all cases unless the court determines the	242
juvenile is indigent and waives the payment of all court costs,	243
or enters an order on its journal stating that it has determined	244
that the juvenile is indigent, that no other court costs are to	245
be taxed in the case, and that the payment of the thirty-,	246
twenty-, or ten-dollar court costs is waived.	247

(B) Whenever a person is charged with any offense described	248
in division (A)(1) of this section, the court shall add to the	249
amount of the bail the thirty, twenty, or ten dollars required	250
to be paid by division (A)(1) of this section. The thirty,	251
twenty, or ten dollars shall be retained by the clerk of the	252
court until the person is convicted, pleads guilty, forfeits	253
bail, is found not guilty, or has the charges dismissed. If the	254
person is convicted, pleads guilty, or forfeits bail, except as	255
otherwise provided in this division, the clerk shall transmit the	256
thirty, twenty, or ten dollars on or before the twentieth day	257
of the month following the month in which the person was	258
convicted, pleaded guilty, or forfeited bail to the treasurer	259
of state, who shall deposit it to the credit of the indigent	260
defense support fund established under section 120.08 of the	261
Revised Code. If the court is a municipal court that is not a	262
county-operated municipal court and appoints counsel for indigent	263
defendants in a manner other than that provided in section 120.33	264
of the Revised Code, the clerk of the court shall transmit the	265
thirty, twenty, or ten dollars on or before the twentieth day of	266
the month following the month in which the person was convicted,	267
pleaded guilty, or forfeited bail to the treasurer of the	268
municipal corporation, and the treasurer of the municipal	269
corporation shall deposit it into a separate account to be used to	270
compensate counsel appointed by the court for indigent defendants.	271
If the person is found not guilty or the charges are dismissed,	272
the clerk shall return the thirty, twenty, or ten dollars to the	273
person.	274

(C) No person shall be placed or held in a detention facility	275
for failing to pay the additional thirty-, twenty-, or	276
ten-dollar court costs or bail that are required to be paid by	277
this section.	278

(D) As used in this section:

279

(1) "Moving violation" and "bail" have the same meanings as	280
in section 2743.70 of the Revised Code.	281

(2) "Detention facility" has the same meaning as in section	282
2921.01 of the Revised Code.	283

Sec. 2949.094. (A) The court in which any person is	284
convicted of or pleads guilty to any moving violation shall	285
impose an additional court cost of ten dollars upon the offender.	286
The court shall not waive the payment of the ten dollars unless	287
the court determines that the offender is indigent and waives the	288
payment of all court costs imposed upon the indigent offender.	289

The clerk of the court shall transmit thirty-five per cent of	290
all additional court costs collected pursuant to this division	291
during a month on or before the twenty-third day of the	292
following month to the state treasury of which ninety-seven per	293
cent shall be credited to the drug law enforcement fund created	294
under section 5502.68 of the Revised Code and the remaining	295
three per cent shall be credited to the justice program services	296
fund created under section 5502.67 of the Revised Code. The clerk	297
shall transmit fifteen per cent of all additional court costs	298
so collected during a month on or before the twenty-third day of	299
the following month to the county or municipal indigent drivers	300
alcohol treatment fund under the control of that court, as	301
created by the county or municipal corporation under division	302
(H) of section 4511.191 of the Revised Code. The clerk shall	303
transmit fifty per cent of all additional court costs so	304
collected during a month on or before the twenty-third day of	305
the following month either to the state treasury to be credited	306
to the indigent defense support fund created pursuant to	307
section 120.08 of the Revised Code or if the court is a	308
municipal court that is not a county-operated municipal court and	309
appoints counsel for indigent defendants in a manner other than	310
that provided in section 120.33 of the Revised Code to the	311
treasurer of the municipal corporation, who shall deposit it into	312
a separate account to be used to compensate counsel appointed by	313
the court for indigent defendants.	314

(B) The juvenile court in which a child is found to be a	315
juvenile traffic offender for an act that is a moving violation	316
shall impose an additional court cost of ten dollars upon the	317
juvenile traffic offender. The juvenile court shall not waive the	318
payment of the ten dollars unless the court determines that the	319
juvenile is indigent and waives the payment of all court costs	320
imposed upon the indigent offender.	321

The clerk of the court shall transmit thirty-five per cent of	322
all additional court costs collected pursuant to this division	323
during a month on or before the twenty-third day of the	324
following month to the state treasury of which ninety-seven per	325
cent shall be credited to the drug law enforcement fund created	326
under section 5502.68 of the Revised Code and the remaining	327
three per cent shall be credited to the justice program services	328
fund created under section 5502.67 of the Revised Code. The clerk	329
shall transmit fifteen per cent of all additional court costs	330
so collected during a month on or before the twenty-third day of	331
the following month to the county juvenile indigent drivers	332
alcohol treatment fund under the control of that court, as	333
created by the county under division (H) of section 4511.191	334
of the Revised Code. The clerk shall transmit fifty per cent	335
of all additional court costs so collected during a month on	336
or before the twenty-third day of the following month to the	337
state treasury to be credited to the indigent defense support	338
fund created pursuant to section 120.08 of the Revised Code.	339

(C) Whenever a person is charged with any offense that is a	340
moving violation and posts bail, the court shall add to the amount	341
of the bail the ten dollars required to be paid by division (A)	342
of this section. The clerk of the court shall retain the ten	343
dollars until the person is convicted, pleads guilty, forfeits	344
bail, is found not guilty, or has the charges dismissed. If the	345
person is convicted, pleads guilty, or forfeits bail, the clerk	346
shall transmit three dollars and fifty cents out of the ten	347
dollars to the state treasury of which ninety-seven per cent	348
shall be credited to the drug law enforcement fund created under	349
section 5502.68 of the Revised Code and the remaining three per	350
cent shall be credited to the justice program services fund	351
created under section 5502.67 of the Revised Code, the clerk shall	352
transmit one dollar and fifty cents out of the ten dollars to	353
the county, municipal, or county juvenile indigent drivers	354
alcohol treatment fund under the control of that court, as	355
created by the county or municipal corporation under division	356
(H) of section 4511.191 of the Revised Code, and the clerk	357
shall transmit five dollars out of the ten dollars either to	358
the state treasury to be credited to the indigent defense	359
support fund created under section 120.08 of the Revised Code	360
or if the court is a municipal court that is not a county-operated	361
municipal court and appoints counsel for indigent defendants in a	362
manner other than that provided in section 120.33 of the Revised	363
Code to the treasurer of the municipal corporation, who shall	364
deposit it into a separate account to be used to compensate	365
counsel appointed by the court for indigent defendants. If the	366
person is found not guilty or the charges are dismissed, the	367
clerk shall return the ten dollars to the person.	368

(D) No person shall be placed or held in a detention facility	369
for failing to pay the court cost or bail that is required to be	370
paid by this section.	371

(E) As used in this section:

372

(1) "Bail" and "moving violation" have the same meanings as	373
in section 2949.093 of the Revised Code.	374

(2) "Detention facility" has the same meaning as in section	375
2921.01 of the Revised Code.	376

(3) "Division of criminal justice services" means the	377
division of criminal justice services of the department of public	378
safety, created by section 5502.62 of the Revised Code.	379

Sec. 2949.111.  (A) As used in this section:

380

(1) "Court costs" means any assessment that the court	381
requires an offender to pay to defray the costs of operating the	382
court.	383

(2) "State fines or costs" means any costs imposed or	384
forfeited bail collected by the court under section 2743.70 of the	385
Revised Code for deposit into the reparations fund or collected by	386
the court under section 2949.091 of the Revised Code for deposit	387
into the indigent defense support fund established under section	388
120.08 of the Revised Code or for transmission to the treasurer	389
of a municipal corporation for compensation of counsel appointed	390
for indigent defendants and all fines, penalties, and forfeited	391
bail collected by the court and paid to a law library association	392
under section 307.515 of the Revised Code.	393

(3) "Reimbursement" means any reimbursement for the costs of	394
confinement that the court orders an offender to pay pursuant to	395
section 2929.28 of the Revised Code, any supervision fee, any fee	396
for the costs of house arrest with electronic monitoring that an	397
offender agrees to pay, any reimbursement for the costs of an	398
investigation or prosecution that the court orders an offender to	399
pay pursuant to section 2929.71 of the Revised Code, or any other	400
costs that the court orders an offender to pay.	401

(4) "Supervision fees" means any fees that a court, pursuant	402
to sections 2929.18, 2929.28, and 2951.021 of the Revised Code,	403
requires an offender who is under a community control sanction to	404
pay for supervision services.	405

(5) "Community control sanction" has the same meaning as in	406
section 2929.01 of the Revised Code.	407

(B) Unless the court, in accordance with division (C) of this	408
section, enters in the record of the case a different method of	409
assigning payments, if a person who is charged with a misdemeanor	410
is convicted of or pleads guilty to the offense, if the court	411
orders the offender to pay any combination of court costs, state	412
fines or costs, restitution, a conventional fine, or any	413
reimbursement, and if the offender makes any payment of any of	414
them to a clerk of court, the clerk shall assign the offender's	415
payment in the following manner:	416

(1) If the court ordered the offender to pay any court costs,	417
the offender's payment shall be assigned toward the satisfaction	418
of those court costs until they have been entirely paid.	419

(2) If the court ordered the offender to pay any state fines	420
or costs and if all of the court costs that the court ordered the	421
offender to pay have been paid, the remainder of the offender's	422
payment shall be assigned on a pro rata basis toward the	423
satisfaction of the state fines or costs until they have been	424
entirely paid.	425

(3) If the court ordered the offender to pay any restitution	426
and if all of the court costs and state fines or costs that the	427
court ordered the offender to pay have been paid, the remainder of	428
the offender's payment shall be assigned toward the satisfaction	429
of the restitution until it has been entirely paid.	430

(4) If the court ordered the offender to pay any fine and if	431
all of the court costs, state fines or costs, and restitution that	432
the court ordered the offender to pay have been paid, the	433
remainder of the offender's payment shall be assigned toward the	434
satisfaction of the fine until it has been entirely paid.	435

(5) If the court ordered the offender to pay any	436
reimbursement and if all of the court costs, state fines or costs,	437
restitution, and fines that the court ordered the offender to pay	438
have been paid, the remainder of the offender's payment shall be	439
assigned toward the satisfaction of the reimbursements until they	440
have been entirely paid.	441

(C) If a person who is charged with a misdemeanor is	442
convicted of or pleads guilty to the offense and if the court	443
orders the offender to pay any combination of court costs, state	444
fines or costs, restitution, fines, or reimbursements, the court,	445
at the time it orders the offender to make those payments, may	446
prescribe an order of payments that differs from the order set	447
forth in division (B) of this section by entering in the record of	448
the case the order so prescribed. If a different order is entered	449
in the record, on receipt of any payment, the clerk of the court	450
shall assign the payment in the manner prescribed by the court.	451

Sec. 4507.45.  If a person's driver's license, commercial	452
driver's license, or nonresident operating privilege is suspended,	453
disqualified, or canceled for an indefinite period of time or for	454
a period of at least ninety days, and if at the end of the period	455
of suspension, disqualification, or cancellation the person is	456
eligible to have the license or privilege reinstated, the	457
registrar of motor vehicles shall collect a reinstatement fee of	458
forty dollars when the person requests reinstatement. However,	459
the registrar shall not collect the fee prescribed by this	460
section if a different driver's license, commercial driver's	461
license, or nonresident operating privilege reinstatement fee is	462
prescribed by law.	463

The registrar either shall deposit ten dollars of each	464
forty-dollar fee into the state treasury to the credit of the	465
indigent defense support fund created by section 120.08 of the	466
Revised Code andor if the court that suspended, disqualified, or	467
canceled the person's driver's license, commercial driver's	468
license, or nonresident operating privilege is a municipal court	469
that is not a county-operated municipal court and appoints counsel	470
for indigent defendants in a manner other than that provided in	471
section 120.33 of the Revised Code shall transmit ten dollars of	472
each forty-dollar fee to the treasurer of the municipal	473
corporation, who shall deposit it into a separate account to be	474
used to compensate counsel appointed by the court for indigent	475
defendants. The registrar shall deposit thirty dollars of each fee	476
into the state treasury to the credit of the state bureau of	477
motor vehicles fund created by section 4501.25 of the Revised	478
Code.	479

Sec. 4510.22.  (A) If a person who has a current valid Ohio	480
driver's, commercial driver's license, or temporary instruction	481
permit is charged with a violation of any provision in sections	482
4511.01 to 4511.76, 4511.84, 4513.01 to 4513.65, or 4549.01 to	483
4549.65 of the Revised Code that is classified as a misdemeanor of	484
the first, second, third, or fourth degree or with a violation of	485
any substantially equivalent municipal ordinance and if the person	486
either fails to appear in court at the required time and place to	487
answer the charge or pleads guilty to or is found guilty of the	488
violation and fails within the time allowed by the court to pay	489
the fine imposed by the court, the court shall declare the	490
forfeiture of the person's license. Thirty days after the	491
declaration of forfeiture, the court shall inform the registrar of	492
motor vehicles of the forfeiture by entering information relative	493
to the of forfeiture on a form approved and furnished by the	494
registrar and sending the form to the registrar. The court also	495
shall forward the person's license, if it is in the possession of	496
the court, to the registrar.	497

The registrar shall impose a class F suspension of the	498
person's driver's or commercial driver's license, or temporary	499
instruction permit for the period of time specified in division	500
(B)(6) of section 4510.02 of the Revised Code on any person who is	501
named in a declaration received by the registrar under this	502
section. The registrar shall send written notification of the	503
suspension to the person at the person's last known address and,	504
if the person is in possession of the license, order the person to	505
surrender the person's license or permit to the registrar within	506
forty-eight hours.	507

No valid driver's or commercial driver's license shall be	508
granted to the person after the suspension, unless the court	509
having jurisdiction of the offense that led to the suspension	510
orders that the forfeiture be terminated. The court shall order	511
the termination of the forfeiture if the person thereafter appears	512
to answer the charge and pays any fine imposed by the court or	513
pays the fine originally imposed by the court. The court shall	514
inform the registrar of the termination of the forfeiture by	515
entering information relative to the termination on a form	516
approved and furnished by the registrar and sending the form to	517
the registrar. The person shall pay to the bureau of motor	518
vehicles a twenty-five-dollar reinstatement fee. The registrar	519
shall deposit fifteen dollars of the fee into the state treasury	520
to the credit of the state bureau of motor vehicles fund created	521
by section 4501.25 of the Revised Code to cover the costs of the	522
bureau in administering this section and either shall deposit ten	523
dollars of the fee into the state treasury to the credit of the	524
indigent defense support fund created by section 120.08 of the	525
Revised Code or if the court that declared the forfeiture is a	526
municipal court that is not a county-operated municipal court and	527
appoints counsel for indigent defendants in a manner other than	528
that provided in section 120.33 of the Revised Code, shall	529
transmit ten dollars of the fee to the treasurer of the municipal	530
corporation, who shall deposit it into a separate account to be	531
used to compensate counsel appointed by the court for indigent	532
defendants.	533

(B) In addition to suspending the driver's or commercial	534
driver's license or permit of the person named in a declaration of	535
forfeiture, the registrar, upon receipt from the court of the copy	536
of the declaration of forfeiture, shall take any measures that may	537
be necessary to ensure that neither the registrar nor any deputy	538
registrar accepts any application for the registration or transfer	539
of registration of any motor vehicle owned or leased by the person	540
named in the declaration of forfeiture. However, for a motor	541
vehicle leased by a person named in a declaration of forfeiture,	542
the registrar shall not implement the preceding sentence until the	543
registrar adopts procedures for that implementation under section	544
4503.39 of the Revised Code. The period of denial of registration	545
or transfer shall continue until such time as the court having	546
jurisdiction of the offense that led to the suspension orders the	547
forfeiture be terminated. Upon receipt by the registrar of an	548
order terminating the forfeiture, the registrar also shall take	549
any measures that may be necessary to permit the person to	550
register a motor vehicle owned or leased by the person or to	551
transfer the registration of such a motor vehicle, if the person	552
later makes application to take such action and otherwise is	553
eligible to register the motor vehicle or to transfer its	554
registration.	555

The registrar shall not be required to give effect to any	556
declaration of forfeiture or order terminating a forfeiture	557
provided by a court under this section unless the information	558
contained in the declaration or order is transmitted to the	559
registrar by means of an electronic transfer system. The registrar	560
shall not restore the person's driving or vehicle registration	561
privileges until the person pays the reinstatement fee as provided	562
in this section.	563

The period of denial relating to the issuance or transfer of	564
a certificate of registration for a motor vehicle imposed pursuant	565
to this division remains in effect until the person pays any fine	566
imposed by the court relative to the offense.	567

Sec. 4511.19.  (A)(1) No person shall operate any vehicle,	568
streetcar, or trackless trolley within this state, if, at the time	569
of the operation, any of the following apply:	570

(a) The person is under the influence of alcohol, a drug of	571
abuse, or a combination of them.	572

(b) The person has a concentration of eight-hundredths of one	573
per cent or more but less than seventeen-hundredths of one per	574
cent by weight per unit volume of alcohol in the person's whole	575
blood.	576

(c) The person has a concentration of ninety-six-thousandths	577
of one per cent or more but less than two hundred four-thousandths	578
of one per cent by weight per unit volume of alcohol in the	579
person's blood serum or plasma.	580

(d) The person has a concentration of eight-hundredths of one	581
gram or more but less than seventeen-hundredths of one gram by	582
weight of alcohol per two hundred ten liters of the person's	583
breath.	584

(e) The person has a concentration of eleven-hundredths of	585
one gram or more but less than two hundred	586
thirty-eight-thousandths of one gram by weight of alcohol per one	587
hundred milliliters of the person's urine.	588

(f) The person has a concentration of seventeen-hundredths of	589
one per cent or more by weight per unit volume of alcohol in the	590
person's whole blood.	591

(g) The person has a concentration of two hundred	592
four-thousandths of one per cent or more by weight per unit volume	593
of alcohol in the person's blood serum or plasma.	594

(h) The person has a concentration of seventeen-hundredths of	595
one gram or more by weight of alcohol per two hundred ten liters	596
of the person's breath.	597

(i) The person has a concentration of two hundred	598
thirty-eight-thousandths of one gram or more by weight of alcohol	599
per one hundred milliliters of the person's urine.	600

(j) Except as provided in division (K) of this section, the	601
person has a concentration of any of the following controlled	602
substances or metabolites of a controlled substance in the	603
person's whole blood, blood serum or plasma, or urine that equals	604
or exceeds any of the following:	605

(i) The person has a concentration of amphetamine in the	606
person's urine of at least five hundred nanograms of amphetamine	607
per milliliter of the person's urine or has a concentration of	608
amphetamine in the person's whole blood or blood serum or plasma	609
of at least one hundred nanograms of amphetamine per milliliter of	610
the person's whole blood or blood serum or plasma.	611

(ii) The person has a concentration of cocaine in the	612
person's urine of at least one hundred fifty nanograms of cocaine	613
per milliliter of the person's urine or has a concentration of	614
cocaine in the person's whole blood or blood serum or plasma of at	615
least fifty nanograms of cocaine per milliliter of the person's	616
whole blood or blood serum or plasma.	617

(iii) The person has a concentration of cocaine metabolite in	618
the person's urine of at least one hundred fifty nanograms of	619
cocaine metabolite per milliliter of the person's urine or has a	620
concentration of cocaine metabolite in the person's whole blood or	621
blood serum or plasma of at least fifty nanograms of cocaine	622
metabolite per milliliter of the person's whole blood or blood	623
serum or plasma.	624

(iv) The person has a concentration of heroin in the person's	625
urine of at least two thousand nanograms of heroin per milliliter	626
of the person's urine or has a concentration of heroin in the	627
person's whole blood or blood serum or plasma of at least fifty	628
nanograms of heroin per milliliter of the person's whole blood or	629
blood serum or plasma.	630

(v) The person has a concentration of heroin metabolite	631
(6-monoacetyl morphine) in the person's urine of at least ten	632
nanograms of heroin metabolite (6-monoacetyl morphine) per	633
milliliter of the person's urine or has a concentration of heroin	634
metabolite (6-monoacetyl morphine) in the person's whole blood or	635
blood serum or plasma of at least ten nanograms of heroin	636
metabolite (6-monoacetyl morphine) per milliliter of the person's	637
whole blood or blood serum or plasma.	638

(vi) The person has a concentration of L.S.D. in the person's	639
urine of at least twenty-five nanograms of L.S.D. per milliliter	640
of the person's urine or a concentration of L.S.D. in the person's	641
whole blood or blood serum or plasma of at least ten nanograms of	642
L.S.D. per milliliter of the person's whole blood or blood serum	643
or plasma.	644

(vii) The person has a concentration of marihuana in the	645
person's urine of at least ten nanograms of marihuana per	646
milliliter of the person's urine or has a concentration of	647
marihuana in the person's whole blood or blood serum or plasma of	648
at least two nanograms of marihuana per milliliter of the person's	649
whole blood or blood serum or plasma.	650

(viii) Either of the following applies:

651

(I) The person is under the influence of alcohol, a drug of	652
abuse, or a combination of them, and, as measured by gas	653
chromatography mass spectrometry, the person has a concentration	654
of marihuana metabolite in the person's urine of at least fifteen	655
nanograms of marihuana metabolite per milliliter of the person's	656
urine or has a concentration of marihuana metabolite in the	657
person's whole blood or blood serum or plasma of at least five	658
nanograms of marihuana metabolite per milliliter of the person's	659
whole blood or blood serum or plasma.	660

(II) As measured by gas chromatography mass spectrometry, the	661
person has a concentration of marihuana metabolite in the person's	662
urine of at least thirty-five nanograms of marihuana metabolite	663
per milliliter of the person's urine or has a concentration of	664
marihuana metabolite in the person's whole blood or blood serum or	665
plasma of at least fifty nanograms of marihuana metabolite per	666
milliliter of the person's whole blood or blood serum or plasma.	667

(ix) The person has a concentration of methamphetamine in the	668
person's urine of at least five hundred nanograms of	669
methamphetamine per milliliter of the person's urine or has a	670
concentration of methamphetamine in the person's whole blood or	671
blood serum or plasma of at least one hundred nanograms of	672
methamphetamine per milliliter of the person's whole blood or	673
blood serum or plasma.	674

(x) The person has a concentration of phencyclidine in the	675
person's urine of at least twenty-five nanograms of phencyclidine	676
per milliliter of the person's urine or has a concentration of	677
phencyclidine in the person's whole blood or blood serum or plasma	678
of at least ten nanograms of phencyclidine per milliliter of the	679
person's whole blood or blood serum or plasma.	680

(xi) The state board of pharmacy has adopted a rule pursuant	681
to section 4729.041 of the Revised Code that specifies the amount	682
of salvia divinorum and the amount of salvinorin A that constitute	683
concentrations of salvia divinorum and salvinorin A in a person's	684
urine, in a person's whole blood, or in a person's blood serum or	685
plasma at or above which the person is impaired for purposes of	686
operating any vehicle, streetcar, or trackless trolley within this	687
state, the rule is in effect, and the person has a concentration	688
of salvia divinorum or salvinorin A of at least that amount so	689
specified by rule in the person's urine, in the person's whole	690
blood, or in the person's blood serum or plasma.	691

(2) No person who, within twenty years of the conduct	692
described in division (A)(2)(a) of this section, previously has	693
been convicted of or pleaded guilty to a violation of this	694
division, a violation of division (A)(1) or (B) of this section,	695
or any other equivalent offense shall do both of the following:	696

(a) Operate any vehicle, streetcar, or trackless trolley	697
within this state while under the influence of alcohol, a drug of	698
abuse, or a combination of them;	699

(b) Subsequent to being arrested for operating the vehicle,	700
streetcar, or trackless trolley as described in division (A)(2)(a)	701
of this section, being asked by a law enforcement officer to	702
submit to a chemical test or tests under section 4511.191 of the	703
Revised Code, and being advised by the officer in accordance with	704
section 4511.192 of the Revised Code of the consequences of the	705
person's refusal or submission to the test or tests, refuse to	706
submit to the test or tests.	707

(B) No person under twenty-one years of age shall operate any	708
vehicle, streetcar, or trackless trolley within this state, if, at	709
the time of the operation, any of the following apply:	710

(1) The person has a concentration of at least two-hundredths	711
of one per cent but less than eight-hundredths of one per cent by	712
weight per unit volume of alcohol in the person's whole blood.	713

(2) The person has a concentration of at least	714
three-hundredths of one per cent but less than	715
ninety-six-thousandths of one per cent by weight per unit volume	716
of alcohol in the person's blood serum or plasma.	717

(3) The person has a concentration of at least two-hundredths	718
of one gram but less than eight-hundredths of one gram by weight	719
of alcohol per two hundred ten liters of the person's breath.	720

(4) The person has a concentration of at least twenty-eight	721
one-thousandths of one gram but less than eleven-hundredths of one	722
gram by weight of alcohol per one hundred milliliters of the	723
person's urine.	724

(C) In any proceeding arising out of one incident, a person	725
may be charged with a violation of division (A)(1)(a) or (A)(2)	726
and a violation of division (B)(1), (2), or (3) of this section,	727
but the person may not be convicted of more than one violation of	728
these divisions.	729

(D)(1)(a) In any criminal prosecution or juvenile court	730
proceeding for a violation of division (A)(1)(a) of this section	731
or for an equivalent offense that is vehicle-related, the result	732
of any test of any blood or urine withdrawn and analyzed at any	733
health care provider, as defined in section 2317.02 of the	734
Revised Code, may be admitted with expert testimony to be	735
considered with any other relevant and competent evidence in	736
determining the guilt or innocence of the defendant.	737

(b) In any criminal prosecution or juvenile court proceeding	738
for a violation of division (A) or (B) of this section or for an	739
equivalent offense that is vehicle-related, the court may admit	740
evidence on the concentration of alcohol, drugs of abuse,	741
controlled substances, metabolites of a controlled substance, or	742
a combination of them in the defendant's whole blood, blood serum	743
or plasma, breath, urine, or other bodily substance at the time	744
of the alleged violation as shown by chemical analysis of the	745
substance withdrawn within three hours of the time of the alleged	746
violation. The three-hour time limit specified in this division	747
regarding the admission of evidence does not extend or affect the	748
two-hour time limit specified in division (A) of section 4511.192	749
of the Revised Code as the maximum period of time during which a	750
person may consent to a chemical test or tests as described in	751
that section. The court may admit evidence on the concentration	752
of alcohol, drugs of abuse, or a combination of them as described	753
in this division when a person submits to a blood, breath, urine,	754
or other bodily substance test at the request of a law	755
enforcement officer under section 4511.191 of the Revised Code or	756
a blood or urine sample is obtained pursuant to a search warrant.	757
Only a physician, a registered nurse, or a qualified technician,	758
chemist, or phlebotomist shall withdraw a blood sample for the	759
purpose of determining the alcohol, drug, controlled substance,	760
metabolite of a controlled substance, or combination content of	761
the whole blood, blood serum, or blood plasma. This limitation	762
does not apply to the taking of breath or urine specimens. A	763
person authorized to withdraw blood under this division may	764
refuse to withdraw blood under this division, if in that person's	765
opinion, the physical welfare of the person would be endangered	766
by the withdrawing of blood.	767

The bodily substance withdrawn under division (D)(1)(b) of	768
this section shall be analyzed in accordance with methods approved	769
by the director of health by an individual possessing a valid	770
permit issued by the director pursuant to section 3701.143 of the	771
Revised Code.	772

(2) In a criminal prosecution or juvenile court proceeding	773
for a violation of division (A) of this section or for an	774
equivalent offense that is vehicle-related, if there was at the	775
time the bodily substance was withdrawn a concentration of less	776
than the applicable concentration of alcohol specified in	777
divisions (A)(1)(b), (c), (d), and (e) of this section or less	778
than the applicable concentration of a listed controlled	779
substance or a listed metabolite of a controlled substance	780
specified for a violation of division (A)(1)(j) of this section,	781
that fact may be considered with other competent evidence in	782
determining the guilt or innocence of the defendant. This division	783
does not limit or affect a criminal prosecution or juvenile court	784
proceeding for a violation of division (B) of this section or for	785
an equivalent offense that is substantially equivalent to that	786
division.	787

(3) Upon the request of the person who was tested, the	788
results of the chemical test shall be made available to the person	789
or the person's attorney, immediately upon the completion of the	790
chemical test analysis.	791

If the chemical test was obtained pursuant to division	792
(D)(1)(b) of this section, the person tested may have a physician,	793
a registered nurse, or a qualified technician, chemist, or	794
phlebotomist of the person's own choosing administer a chemical	795
test or tests, at the person's expense, in addition to any	796
administered at the request of a law enforcement officer. If the	797
person was under arrest as described in division (A)(5) of	798
section 4511.191 of the Revised Code, the arresting officer shall	799
advise the person at the time of the arrest that the person may	800
have an independent chemical test taken at the person's own	801
expense. If the person was under arrest other than described in	802
division (A)(5) of section 4511.191 of the Revised Code, the form	803
to be read to the person to be tested, as required under section	804
4511.192 of the Revised Code, shall state that the person may have	805
an independent test performed at the person's expense. The failure	806
or inability to obtain an additional chemical test by a person	807
shall not preclude the admission of evidence relating to the	808
chemical test or tests taken at the request of a law enforcement	809
officer.	810

(4)(a) As used in divisions (D)(4)(b) and (c) of this	811
section, "national highway traffic safety administration" means	812
the national highway traffic safety administration established as	813
an administration of the United States department of	814
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	815

(b) In any criminal prosecution or juvenile court proceeding	816
for a violation of division (A) or (B) of this section, of a	817
municipal ordinance relating to operating a vehicle while under	818
the influence of alcohol, a drug of abuse, or alcohol and a drug	819
of abuse, or of a municipal ordinance relating to operating a	820
vehicle with a prohibited concentration of alcohol, a controlled	821
substance, or a metabolite of a controlled substance in the whole	822
blood, blood serum or plasma, breath, or urine, if a law	823
enforcement officer has administered a field sobriety test to the	824
operator of the vehicle involved in the violation and if it is	825
shown by clear and convincing evidence that the officer	826
administered the test in substantial compliance with the testing	827
standards for any reliable, credible, and generally accepted field	828
sobriety tests that were in effect at the time the tests were	829
administered, including, but not limited to, any testing standards	830
then in effect that were set by the national highway traffic	831
safety administration, all of the following apply:	832

(i) The officer may testify concerning the results of the	833
field sobriety test so administered.	834

(ii) The prosecution may introduce the results of the field	835
sobriety test so administered as evidence in any proceedings in	836
the criminal prosecution or juvenile court proceeding.	837

(iii) If testimony is presented or evidence is introduced	838
under division (D)(4)(b)(i) or (ii) of this section and if the	839
testimony or evidence is admissible under the Rules of Evidence,	840
the court shall admit the testimony or evidence and the trier of	841
fact shall give it whatever weight the trier of fact considers to	842
be appropriate.	843

(c) Division (D)(4)(b) of this section does not limit or	844
preclude a court, in its determination of whether the arrest of a	845
person was supported by probable cause or its determination of any	846
other matter in a criminal prosecution or juvenile court	847
proceeding of a type described in that division, from considering	848
evidence or testimony that is not otherwise disallowed by division	849
(D)(4)(b) of this section.	850

(E)(1) Subject to division (E)(3) of this section, in any	851
criminal prosecution or juvenile court proceeding for a violation	852
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)	853
or (B)(1), (2), (3), or (4) of this section or for an equivalent	854
offense that is substantially equivalent to any of those	855
divisions, a laboratory report from any laboratory personnel	856
issued a permit by the department of health authorizing an	857
analysis as described in this division that contains an analysis	858
of the whole blood, blood serum or plasma, breath, urine, or other	859
bodily substance tested and that contains all of the information	860
specified in this division shall be admitted as prima-facie	861
evidence of the information and statements that the report	862
contains. The laboratory report shall contain all of the	863
following:	864

(a) The signature, under oath, of any person who performed	865
the analysis;	866

(b) Any findings as to the identity and quantity of alcohol,	867
a drug of abuse, a controlled substance, a metabolite of a	868
controlled substance, or a combination of them that was found;	869

(c) A copy of a notarized statement by the laboratory	870
director or a designee of the director that contains the name of	871
each certified analyst or test performer involved with the report,	872
the analyst's or test performer's employment relationship with the	873
laboratory that issued the report, and a notation that performing	874
an analysis of the type involved is part of the analyst's or test	875
performer's regular duties;	876

(d) An outline of the analyst's or test performer's	877
education, training, and experience in performing the type of	878
analysis involved and a certification that the laboratory	879
satisfies appropriate quality control standards in general and, in	880
this particular analysis, under rules of the department of health.	881

(2) Notwithstanding any other provision of law regarding the	882
admission of evidence, a report of the type described in division	883
(E)(1) of this section is not admissible against the defendant to	884
whom it pertains in any proceeding, other than a preliminary	885
hearing or a grand jury proceeding, unless the prosecutor has	886
served a copy of the report on the defendant's attorney or, if the	887
defendant has no attorney, on the defendant.	888

(3) A report of the type described in division (E)(1) of this	889
section shall not be prima-facie evidence of the contents,	890
identity, or amount of any substance if, within seven days after	891
the defendant to whom the report pertains or the defendant's	892
attorney receives a copy of the report, the defendant or the	893
defendant's attorney demands the testimony of the person who	894
signed the report. The judge in the case may extend the seven-day	895
time limit in the interest of justice.	896

(F) Except as otherwise provided in this division, any	897
physician, registered nurse, or qualified technician, chemist, or	898
phlebotomist who withdraws blood from a person pursuant to this	899
section or section 4511.191 or 4511.192 of the Revised Code, and	900
any hospital, first-aid station, or clinic at which blood is	901
withdrawn from a person pursuant to this section or section	902
4511.191 or 4511.192 of the Revised Code, is immune from criminal	903
liability and civil liability based upon a claim of assault and	904
battery or any other claim that is not a claim of malpractice, for	905
any act performed in withdrawing blood from the person. The	906
immunity provided in this division is not available to a person	907
who withdraws blood if the person engages in willful or wanton	908
misconduct.	909

(G)(1) Whoever violates any provision of divisions (A)(1)(a)	910
to (i) or (A)(2) of this section is guilty of operating a vehicle	911
under the influence of alcohol, a drug of abuse, or a combination	912
of them. Whoever violates division (A)(1)(j) of this section is	913
guilty of operating a vehicle while under the influence of a	914
listed controlled substance or a listed metabolite of a controlled	915
substance. The court shall sentence the offender for either	916
offense under Chapter 2929. of the Revised Code, except as	917
otherwise authorized or required by divisions (G)(1)(a) to (e) of	918
this section:	919

(a) Except as otherwise provided in division (G)(1)(b), (c),	920
(d), or (e) of this section, the offender is guilty of a	921
misdemeanor of the first degree, and the court shall sentence the	922
offender to all of the following:	923

(i) If the sentence is being imposed for a violation of	924
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	925
mandatory jail term of three consecutive days. As used in this	926
division, three consecutive days means seventy-two consecutive	927
hours. The court may sentence an offender to both an intervention	928
program and a jail term. The court may impose a jail term in	929
addition to the three-day mandatory jail term or intervention	930
program. However, in no case shall the cumulative jail term	931
imposed for the offense exceed six months.	932

The court may suspend the execution of the three-day jail	933
term under this division if the court, in lieu of that suspended	934
term, places the offender under a community control sanction	935
pursuant to section 2929.25 of the Revised Code and requires the	936
offender to attend, for three consecutive days, a drivers'	937
intervention program certified under section 3793.10 of the	938
Revised Code. The court also may suspend the execution of any	939
part of the three-day jail term under this division if it places	940
the offender under a community control sanction pursuant to	941
section 2929.25 of the Revised Code for part of the three days,	942
requires the offender to attend for the suspended part of the term	943
a drivers' intervention program so certified, and sentences the	944
offender to a jail term equal to the remainder of the three	945
consecutive days that the offender does not spend attending the	946
program. The court may require the offender, as a condition of	947
community control and in addition to the required attendance at a	948
drivers' intervention program, to attend and satisfactorily	949
complete any treatment or education programs that comply with the	950
minimum standards adopted pursuant to Chapter 3793. of the Revised	951
Code by the director of alcohol and drug addiction services that	952
the operators of the drivers' intervention program determine that	953
the offender should attend and to report periodically to the court	954
on the offender's progress in the programs. The court also may	955
impose on the offender any other conditions of community control	956
that it considers necessary.	957

(ii) If the sentence is being imposed for a violation of	958
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	959
section, except as otherwise provided in this division, a	960
mandatory jail term of at least three consecutive days and a	961
requirement that the offender attend, for three consecutive days,	962
a drivers' intervention program that is certified pursuant to	963
section 3793.10 of the Revised Code. As used in this division,	964
three consecutive days means seventy-two consecutive hours. If the	965
court determines that the offender is not conducive to treatment	966
in a drivers' intervention program, if the offender refuses to	967
attend a drivers' intervention program, or if the jail at which	968
the offender is to serve the jail term imposed can provide a	969
driver's intervention program, the court shall sentence the	970
offender to a mandatory jail term of at least six consecutive	971
days.	972

The court may require the offender, under a community control	973
sanction imposed under section 2929.25 of the Revised Code, to	974
attend and satisfactorily complete any treatment or education	975
programs that comply with the minimum standards adopted pursuant	976
to Chapter 3793. of the Revised Code by the director of alcohol	977
and drug addiction services, in addition to the required	978
attendance at drivers' intervention program, that the operators of	979
the drivers' intervention program determine that the offender	980
should attend and to report periodically to the court on the	981
offender's progress in the programs. The court also may impose any	982
other conditions of community control on the offender that it	983
considers necessary.	984

(iii) In all cases, a fine of not less than three hundred	985
seventy-five and not more than one thousand seventy-five	986
dollars;	987

(iv) In all cases, a class five license suspension of the	988
offender's driver's or commercial driver's license or permit or	989
nonresident operating privilege from the range specified in	990
division (A)(5) of section 4510.02 of the Revised Code. The court	991
may grant limited driving privileges relative to the suspension	992
under sections 4510.021 and 4510.13 of the Revised Code.	993

(b) Except as otherwise provided in division (G)(1)(e) of	994
this section, an offender who, within six years of the offense,	995
previously has been convicted of or pleaded guilty to one	996
violation of division (A) or (B) of this section or one other	997
equivalent offense is guilty of a misdemeanor of the first degree.	998
The court shall sentence the offender to all of the following:	999

(i) If the sentence is being imposed for a violation of	1000
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	1001
mandatory jail term of ten consecutive days. The court shall	1002
impose the ten-day mandatory jail term under this division unless,	1003
subject to division (G)(3) of this section, it instead imposes a	1004
sentence under that division consisting of both a jail term and a	1005
term of house arrest with electronic monitoring, with continuous	1006
alcohol monitoring, or with both electronic monitoring and	1007
continuous alcohol monitoring. The court may impose a jail term in	1008
addition to the ten-day mandatory jail term. The cumulative jail	1009
term imposed for the offense shall not exceed six months.	1010

In addition to the jail term or the term of house arrest with	1011
electronic monitoring or continuous alcohol monitoring or both	1012
types of monitoring and jail term, the court shall require the	1013
offender to be assessed by an alcohol and drug treatment program	1014
that is authorized by section 3793.02 of the Revised Code,	1015
subject to division (I) of this section, and shall order the	1016
offender to follow the treatment recommendations of the program.	1017
The purpose of the assessment is to determine the degree of the	1018
offender's alcohol usage and to determine whether or not	1019
treatment is warranted. Upon the request of the court, the program	1020
shall submit the results of the assessment to the court,	1021
including all treatment recommendations and clinical diagnoses	1022
related to alcohol use.	1023

(ii) If the sentence is being imposed for a violation of	1024
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	1025
section, except as otherwise provided in this division, a	1026
mandatory jail term of twenty consecutive days. The court shall	1027
impose the twenty-day mandatory jail term under this division	1028
unless, subject to division (G)(3) of this section, it instead	1029
imposes a sentence under that division consisting of both a jail	1030
term and a term of house arrest with electronic monitoring, with	1031
continuous alcohol monitoring, or with both electronic monitoring	1032
and continuous alcohol monitoring. The court may impose a jail	1033
term in addition to the twenty-day mandatory jail term. The	1034
cumulative jail term imposed for the offense shall not exceed six	1035
months.	1036

In addition to the jail term or the term of house arrest with	1037
electronic monitoring or continuous alcohol monitoring or both	1038
types of monitoring and jail term, the court shall require the	1039
offender to be assessed by an alcohol and drug treatment program	1040
that is authorized by section 3793.02 of the Revised Code,	1041
subject to division (I) of this section, and shall order the	1042
offender to follow the treatment recommendations of the program.	1043
The purpose of the assessment is to determine the degree of the	1044
offender's alcohol usage and to determine whether or not	1045
treatment is warranted. Upon the request of the court, the program	1046
shall submit the results of the assessment to the court,	1047
including all treatment recommendations and clinical diagnoses	1048
related to alcohol use.	1049

(iii) In all cases, notwithstanding the fines set forth in	1050
Chapter 2929. of the Revised Code, a fine of not less than five	1051
hundred twenty-five and not more than one thousand six hundred	1052
twenty-five dollars;	1053

(iv) In all cases, a class four license suspension of the	1054
offender's driver's license, commercial driver's license,	1055
temporary instruction permit, probationary license, or nonresident	1056
operating privilege from the range specified in division (A)(4) of	1057
section 4510.02 of the Revised Code. The court may grant limited	1058
driving privileges relative to the suspension under sections	1059
4510.021 and 4510.13 of the Revised Code.	1060

(v) In all cases, if the vehicle is registered in the	1061
offender's name, immobilization of the vehicle involved in the	1062
offense for ninety days in accordance with section 4503.233 of the	1063
Revised Code and impoundment of the license plates of that vehicle	1064
for ninety days.	1065

(c) Except as otherwise provided in division (G)(1)(e) of	1066
this section, an offender who, within six years of the offense,	1067
previously has been convicted of or pleaded guilty to two	1068
violations of division (A) or (B) of this section or other	1069
equivalent offenses is guilty of a misdemeanor. The court shall	1070
sentence the offender to all of the following:	1071

(i) If the sentence is being imposed for a violation of	1072
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	1073
mandatory jail term of thirty consecutive days. The court shall	1074
impose the thirty-day mandatory jail term under this division	1075
unless, subject to division (G)(3) of this section, it instead	1076
imposes a sentence under that division consisting of both a jail	1077
term and a term of house arrest with electronic monitoring, with	1078
continuous alcohol monitoring, or with both electronic monitoring	1079
and continuous alcohol monitoring. The court may impose a jail	1080
term in addition to the thirty-day mandatory jail term.	1081
Notwithstanding the jail terms set forth in sections 2929.21 to	1082
2929.28 of the Revised Code, the additional jail term shall not	1083
exceed one year, and the cumulative jail term imposed for the	1084
offense shall not exceed one year.	1085

(ii) If the sentence is being imposed for a violation of	1086
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	1087
section, a mandatory jail term of sixty consecutive days. The	1088
court shall impose the sixty-day mandatory jail term under this	1089
division unless, subject to division (G)(3) of this section, it	1090
instead imposes a sentence under that division consisting of both	1091
a jail term and a term of house arrest with electronic monitoring,	1092
with continuous alcohol monitoring, or with both electronic	1093
monitoring and continuous alcohol monitoring. The court may impose	1094
a jail term in addition to the sixty-day mandatory jail term.	1095
Notwithstanding the jail terms set forth in sections 2929.21 to	1096
2929.28 of the Revised Code, the additional jail term shall not	1097
exceed one year, and the cumulative jail term imposed for the	1098
offense shall not exceed one year.	1099

(iii) In all cases, notwithstanding the fines set forth in	1100
Chapter 2929. of the Revised Code, a fine of not less than eight	1101
hundred fifty and not more than two thousand seven hundred fifty	1102
dollars;	1103

(iv) In all cases, a class three license suspension of the	1104
offender's driver's license, commercial driver's license,	1105
temporary instruction permit, probationary license, or nonresident	1106
operating privilege from the range specified in division (A)(3) of	1107
section 4510.02 of the Revised Code. The court may grant limited	1108
driving privileges relative to the suspension under sections	1109
4510.021 and 4510.13 of the Revised Code.	1110

(v) In all cases, if the vehicle is registered in the	1111
offender's name, criminal forfeiture of the vehicle involved in	1112
the offense in accordance with section 4503.234 of the Revised	1113
Code. Division (G)(6) of this section applies regarding any	1114
vehicle that is subject to an order of criminal forfeiture under	1115
this division.	1116

(vi) In all cases, the court shall order the offender to	1117
participate in an alcohol and drug addiction program authorized	1118
by section 3793.02 of the Revised Code, subject to division (I)	1119
of this section, and shall order the offender to follow the	1120
treatment recommendations of the program. The operator of the	1121
program shall determine and assess the degree of the offender's	1122
alcohol dependency and shall make recommendations for treatment.	1123
Upon the request of the court, the program shall submit the	1124
results of the assessment to the court, including all treatment	1125
recommendations and clinical diagnoses related to alcohol use.	1126

(d) Except as otherwise provided in division (G)(1)(e) of	1127
this section, an offender who, within six years of the offense,	1128
previously has been convicted of or pleaded guilty to three or	1129
four violations of division (A) or (B) of this section or other	1130
equivalent offenses or an offender who, within twenty years of the	1131
offense, previously has been convicted of or pleaded guilty to	1132
five or more violations of that nature is guilty of a felony of	1133
the fourth degree. The court shall sentence the offender to all of	1134
the following:	1135

(i) If the sentence is being imposed for a violation of	1136
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	1137
mandatory prison term of one, two, three, four, or five years as	1138
required by and in accordance with division (G)(2) of section	1139
2929.13 of the Revised Code if the offender also is convicted of	1140
or also pleads guilty to a specification of the type described in	1141
section 2941.1413 of the Revised Code or, in the discretion of the	1142
court, either a mandatory term of local incarceration of sixty	1143
consecutive days in accordance with division (G)(1) of section	1144
2929.13 of the Revised Code or a mandatory prison term of sixty	1145
consecutive days in accordance with division (G)(2) of that	1146
section if the offender is not convicted of and does not plead	1147
guilty to a specification of that type. If the court imposes a	1148
mandatory term of local incarceration, it may impose a jail term	1149
in addition to the sixty-day mandatory term, the cumulative total	1150
of the mandatory term and the jail term for the offense shall not	1151
exceed one year, and, except as provided in division (A)(1) of	1152
section 2929.13 of the Revised Code, no prison term is authorized	1153
for the offense. If the court imposes a mandatory prison term,	1154
notwithstanding division (A)(4) of section 2929.14 of the Revised	1155
Code, it also may sentence the offender to a definite prison term	1156
that shall be not less than six months and not more than thirty	1157
months and the prison terms shall be imposed as described in	1158
division (G)(2) of section 2929.13 of the Revised Code. If the	1159
court imposes a mandatory prison term or mandatory prison term and	1160
additional prison term, in addition to the term or terms so	1161
imposed, the court also may sentence the offender to a community	1162
control sanction for the offense, but the offender shall serve all	1163
of the prison terms so imposed prior to serving the community	1164
control sanction.	1165

(ii) If the sentence is being imposed for a violation of	1166
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	1167
section, a mandatory prison term of one, two, three, four, or five	1168
years as required by and in accordance with division (G)(2) of	1169
section 2929.13 of the Revised Code if the offender also is	1170
convicted of or also pleads guilty to a specification of the type	1171
described in section 2941.1413 of the Revised Code or, in the	1172
discretion of the court, either a mandatory term of local	1173
incarceration of one hundred twenty consecutive days in accordance	1174
with division (G)(1) of section 2929.13 of the Revised Code or a	1175
mandatory prison term of one hundred twenty consecutive days in	1176
accordance with division (G)(2) of that section if the offender is	1177
not convicted of and does not plead guilty to a specification of	1178
that type. If the court imposes a mandatory term of local	1179
incarceration, it may impose a jail term in addition to the one	1180
hundred twenty-day mandatory term, the cumulative total of the	1181
mandatory term and the jail term for the offense shall not exceed	1182
one year, and, except as provided in division (A)(1) of section	1183
2929.13 of the Revised Code, no prison term is authorized for the	1184
offense. If the court imposes a mandatory prison term,	1185
notwithstanding division (A)(4) of section 2929.14 of the Revised	1186
Code, it also may sentence the offender to a definite prison term	1187
that shall be not less than six months and not more than thirty	1188
months and the prison terms shall be imposed as described in	1189
division (G)(2) of section 2929.13 of the Revised Code. If the	1190
court imposes a mandatory prison term or mandatory prison term and	1191
additional prison term, in addition to the term or terms so	1192
imposed, the court also may sentence the offender to a community	1193
control sanction for the offense, but the offender shall serve all	1194
of the prison terms so imposed prior to serving the community	1195
control sanction.	1196

(iii) In all cases, notwithstanding section 2929.18 of the	1197
Revised Code, a fine of not less than one thousand three hundred	1198
fifty nor more than ten thousand five hundred dollars;	1199

(iv) In all cases, a class two license suspension of the	1200
offender's driver's license, commercial driver's license,	1201
temporary instruction permit, probationary license, or nonresident	1202
operating privilege from the range specified in division (A)(2) of	1203
section 4510.02 of the Revised Code. The court may grant limited	1204
driving privileges relative to the suspension under sections	1205
4510.021 and 4510.13 of the Revised Code.	1206

(v) In all cases, if the vehicle is registered in the	1207
offender's name, criminal forfeiture of the vehicle involved in	1208
the offense in accordance with section 4503.234 of the Revised	1209
Code. Division (G)(6) of this section applies regarding any	1210
vehicle that is subject to an order of criminal forfeiture under	1211
this division.	1212

(vi) In all cases, the court shall order the offender to	1213
participate in an alcohol and drug addiction program authorized by	1214
section 3793.02 of the Revised Code, subject to division (I) of	1215
this section, and shall order the offender to follow the	1216
treatment recommendations of the program. The operator of the	1217
program shall determine and assess the degree of the offender's	1218
alcohol dependency and shall make recommendations for treatment.	1219
Upon the request of the court, the program shall submit the	1220
results of the assessment to the court, including all treatment	1221
recommendations and clinical diagnoses related to alcohol use.	1222

(vii) In all cases, if the court sentences the offender to a	1223
mandatory term of local incarceration, in addition to the	1224
mandatory term, the court, pursuant to section 2929.17 of the	1225
Revised Code, may impose a term of house arrest with electronic	1226
monitoring. The term shall not commence until after the offender	1227
has served the mandatory term of local incarceration.	1228

(e) An offender who previously has been convicted of or	1229
pleaded guilty to a violation of division (A) of this section that	1230
was a felony, regardless of when the violation and the conviction	1231
or guilty plea occurred, is guilty of a felony of the third	1232
degree. The court shall sentence the offender to all of the	1233
following:	1234

(i) If the offender is being sentenced for a violation of	1235
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	1236
mandatory prison term of one, two, three, four, or five years as	1237
required by and in accordance with division (G)(2) of section	1238
2929.13 of the Revised Code if the offender also is convicted of	1239
or also pleads guilty to a specification of the type described in	1240
section 2941.1413 of the Revised Code or a mandatory prison term	1241
of sixty consecutive days in accordance with division (G)(2) of	1242
section 2929.13 of the Revised Code if the offender is not	1243
convicted of and does not plead guilty to a specification of that	1244
type. The court may impose a prison term in addition to the	1245
mandatory prison term. The cumulative total of a sixty-day	1246
mandatory prison term and the additional prison term for the	1247
offense shall not exceed five years. In addition to the mandatory	1248
prison term or mandatory prison term and additional prison term	1249
the court imposes, the court also may sentence the offender to a	1250
community control sanction for the offense, but the offender	1251
shall serve all of the prison terms so imposed prior to serving	1252
the community control sanction.	1253

(ii) If the sentence is being imposed for a violation of	1254
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	1255
section, a mandatory prison term of one, two, three, four, or five	1256
years as required by and in accordance with division (G)(2) of	1257
section 2929.13 of the Revised Code if the offender also is	1258
convicted of or also pleads guilty to a specification of the type	1259
described in section 2941.1413 of the Revised Code or a mandatory	1260
prison term of one hundred twenty consecutive days in accordance	1261
with division (G)(2) of section 2929.13 of the Revised Code if the	1262
offender is not convicted of and does not plead guilty to a	1263
specification of that type. The court may impose a prison term in	1264
addition to the mandatory prison term. The cumulative total of a	1265
one hundred twenty-day mandatory prison term and the additional	1266
prison term for the offense shall not exceed five years. In	1267
addition to the mandatory prison term or mandatory prison term and	1268
additional prison term the court imposes, the court also may	1269
sentence the offender to a community control sanction for the	1270
offense, but the offender shall serve all of the prison terms so	1271
imposed prior to serving the community control sanction.	1272

(iii) In all cases, notwithstanding section 2929.18 of the	1273
Revised Code, a fine of not less than one thousand three hundred	1274
fifty nor more than ten thousand five hundred dollars;	1275

(iv) In all cases, a class two license suspension of the	1276
offender's driver's license, commercial driver's license,	1277
temporary instruction permit, probationary license, or nonresident	1278
operating privilege from the range specified in division (A)(2) of	1279
section 4510.02 of the Revised Code. The court may grant limited	1280
driving privileges relative to the suspension under sections	1281
4510.021 and 4510.13 of the Revised Code.	1282

(v) In all cases, if the vehicle is registered in the	1283
offender's name, criminal forfeiture of the vehicle involved in	1284
the offense in accordance with section 4503.234 of the Revised	1285
Code. Division (G)(6) of this section applies regarding any	1286
vehicle that is subject to an order of criminal forfeiture under	1287
this division.	1288

(vi) In all cases, the court shall order the offender to	1289
participate in an alcohol and drug addiction program authorized	1290
by section 3793.02 of the Revised Code, subject to division (I)	1291
of this section, and shall order the offender to follow the	1292
treatment recommendations of the program. The operator of the	1293
program shall determine and assess the degree of the offender's	1294
alcohol dependency and shall make recommendations for treatment.	1295
Upon the request of the court, the program shall submit the	1296
results of the assessment to the court, including all treatment	1297
recommendations and clinical diagnoses related to alcohol use.	1298

(2) An offender who is convicted of or pleads guilty to a	1299
violation of division (A) of this section and who subsequently	1300
seeks reinstatement of the driver's or occupational driver's	1301
license or permit or nonresident operating privilege suspended	1302
under this section as a result of the conviction or guilty plea	1303
shall pay a reinstatement fee as provided in division (F)(2) of	1304
section 4511.191 of the Revised Code.	1305

(3) If an offender is sentenced to a jail term under division	1306
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	1307
if, within sixty days of sentencing of the offender, the court	1308
issues a written finding on the record that, due to the	1309
unavailability of space at the jail where the offender is required	1310
to serve the term, the offender will not be able to begin serving	1311
that term within the sixty-day period following the date of	1312
sentencing, the court may impose an alternative sentence under	1313
this division that includes a term of house arrest with electronic	1314
monitoring, with continuous alcohol monitoring, or with both	1315
electronic monitoring and continuous alcohol monitoring.	1316

As an alternative to a mandatory jail term of ten consecutive	1317
days required by division (G)(1)(b)(i) of this section, the court,	1318
under this division, may sentence the offender to five consecutive	1319
days in jail and not less than eighteen consecutive days of house	1320
arrest with electronic monitoring, with continuous alcohol	1321
monitoring, or with both electronic monitoring and continuous	1322
alcohol monitoring. The cumulative total of the five consecutive	1323
days in jail and the period of house arrest with electronic	1324
monitoring, continuous alcohol monitoring, or both types of	1325
monitoring shall not exceed six months. The five consecutive days	1326
in jail do not have to be served prior to or consecutively to the	1327
period of house arrest.	1328

As an alternative to the mandatory jail term of twenty	1329
consecutive days required by division (G)(1)(b)(ii) of this	1330
section, the court, under this division, may sentence the offender	1331
to ten consecutive days in jail and not less than thirty-six	1332
consecutive days of house arrest with electronic monitoring, with	1333
continuous alcohol monitoring, or with both electronic monitoring	1334
and continuous alcohol monitoring. The cumulative total of the ten	1335
consecutive days in jail and the period of house arrest with	1336
electronic monitoring, continuous alcohol monitoring, or both	1337
types of monitoring shall not exceed six months. The ten	1338
consecutive days in jail do not have to be served prior to or	1339
consecutively to the period of house arrest.	1340

As an alternative to a mandatory jail term of thirty	1341
consecutive days required by division (G)(1)(c)(i) of this	1342
section, the court, under this division, may sentence the offender	1343
to fifteen consecutive days in jail and not less than fifty-five	1344
consecutive days of house arrest with electronic monitoring, with	1345
continuous alcohol monitoring, or with both electronic monitoring	1346
and continuous alcohol monitoring. The cumulative total of the	1347
fifteen consecutive days in jail and the period of house arrest	1348
with electronic monitoring, continuous alcohol monitoring, or both	1349
types of monitoring shall not exceed one year. The fifteen	1350
consecutive days in jail do not have to be served prior to or	1351
consecutively to the period of house arrest.	1352

As an alternative to the mandatory jail term of sixty	1353
consecutive days required by division (G)(1)(c)(ii) of this	1354
section, the court, under this division, may sentence the offender	1355
to thirty consecutive days in jail and not less than one hundred	1356
ten consecutive days of house arrest with electronic monitoring,	1357
with continuous alcohol monitoring, or with both electronic	1358
monitoring and continuous alcohol monitoring. The cumulative total	1359
of the thirty consecutive days in jail and the period of house	1360
arrest with electronic monitoring, continuous alcohol monitoring,	1361
or both types of monitoring shall not exceed one year. The thirty	1362
consecutive days in jail do not have to be served prior to or	1363
consecutively to the period of house arrest.	1364

(4) If an offender's driver's or occupational driver's	1365
license or permit or nonresident operating privilege is suspended	1366
under division (G) of this section and if section 4510.13 of the	1367
Revised Code permits the court to grant limited driving	1368
privileges, the court may grant the limited driving privileges in	1369
accordance with that section. If division (A)(7) of that section	1370
requires that the court impose as a condition of the privileges	1371
that the offender must display on the vehicle that is driven	1372
subject to the privileges restricted license plates that are	1373
issued under section 4503.231 of the Revised Code, except as	1374
provided in division (B) of that section, the court shall impose	1375
that condition as one of the conditions of the limited driving	1376
privileges granted to the offender, except as provided in division	1377
(B) of section 4503.231 of the Revised Code.	1378

(5) Fines imposed under this section for a violation of	1379
division (A) of this section shall be distributed as follows:	1380

(a) Twenty-five dollars of the fine imposed under division	1381
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	1382
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	1383
fine imposed under division (G)(1)(c)(iii), and two hundred ten	1384
dollars of the fine imposed under division (G)(1)(d)(iii) or	1385
(e)(iii) of this section shall be paid to an enforcement and	1386
education fund established by the legislative authority of the law	1387
enforcement agency in this state that primarily was responsible	1388
for the arrest of the offender, as determined by the court that	1389
imposes the fine. The agency shall use this share to pay only	1390
those costs it incurs in enforcing this section or a municipal OVI	1391
ordinance and in informing the public of the laws governing the	1392
operation of a vehicle while under the influence of alcohol, the	1393
dangers of the operation of a vehicle under the influence of	1394
alcohol, and other information relating to the operation of a	1395
vehicle under the influence of alcohol and the consumption of	1396
alcoholic beverages.	1397

(b) Fifty dollars of the fine imposed under division	1398
(G)(1)(a)(iii) of this section shall be paid to the political	1399
subdivision that pays the cost of housing the offender during the	1400
offender's term of incarceration. If the offender is being	1401
sentenced for a violation of division (A)(1)(a), (b), (c), (d),	1402
(e), or (j) of this section and was confined as a result of the	1403
offense prior to being sentenced for the offense but is not	1404
sentenced to a term of incarceration, the fifty dollars shall be	1405
paid to the political subdivision that paid the cost of housing	1406
the offender during that period of confinement. The political	1407
subdivision shall use the share under this division to pay or	1408
reimburse incarceration or treatment costs it incurs in housing or	1409
providing drug and alcohol treatment to persons who violate this	1410
section or a municipal OVI ordinance, costs of any immobilizing or	1411
disabling device used on the offender's vehicle, and costs of	1412
electronic house arrest equipment needed for persons who violate	1413
this section.	1414

(c) Twenty-five dollars of the fine imposed under division	1415
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	1416
division (G)(1)(b)(iii) of this section shall be deposited into	1417
the county or municipal indigent drivers' alcohol treatment fund	1418
under the control of that court, as created by the county or	1419
municipal corporation under division (F) of section 4511.191 of	1420
the Revised Code.	1421

(d) One hundred fifteen dollars of the fine imposed under	1422
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	1423
fine imposed under division (G)(1)(c)(iii), and four hundred forty	1424
dollars of the fine imposed under division (G)(1)(d)(iii) or	1425
(e)(iii) of this section shall be paid to the political	1426
subdivision that pays the cost of housing the offender during the	1427
offender's term of incarceration. The political subdivision shall	1428
use this share to pay or reimburse incarceration or treatment	1429
costs it incurs in housing or providing drug and alcohol treatment	1430
to persons who violate this section or a municipal OVI ordinance,	1431
costs for any immobilizing or disabling device used on the	1432
offender's vehicle, and costs of electronic house arrest equipment	1433
needed for persons who violate this section.	1434

(e) Fifty dollars of the fine imposed under divisions	1435
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii),	1436
and (G)(1)(e)(iii) of this section shall be deposited into the	1437
special projects fund of the court in which the offender was	1438
convicted and that is established under division (E)(1) of	1439
section 2303.201, division (B)(1) of section 1901.26, or	1440
division (B)(1) of section 1907.24 of the Revised Code, to be	1441
used exclusively to cover the cost of immobilizing or disabling	1442
devices, including certified ignition interlock devices, and	1443
remote alcohol monitoring devices for indigent offenders who are	1444
required by a judge to use either of these devices. If the court	1445
in which the offender was convicted does not have a special	1446
projects fund that is established under division (E)(1) of	1447
section 2303.201, division (B)(1) of section 1901.26, or	1448
division (B)(1) of section 1907.24 of the Revised Code, the fifty	1449
dollars shall be deposited into the indigent drivers interlock	1450
and alcohol monitoring fund under division (I) of section	1451
4511.191 of the Revised Code.	1452

(f) Seventy-five dollars of the fine imposed under division	1453
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine	1454
imposed under division (G)(1)(b)(iii), two hundred fifty dollars	1455
of the fine imposed under division (G)(1)(c)(iii), and five	1456
hundred dollars of the fine imposed under division (G)(1)(d)(iii)	1457
or (e)(iii) of this section either shall be transmitted to the	1458
treasurer of state for deposit into the indigent defense support	1459
fund established under section 120.08 of the Revised Code or if	1460
the court that imposed the fine under division (G)(1)(a)(iii),	1461
(b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this section is a	1462
municipal court that is not a county-operated municipal court and	1463
appoints counsel for indigent defendants in a manner other than	1464
that provided in section 120.33 of the Revised Code shall be	1465
transmitted to the treasurer of the municipal corporation, who	1466
shall deposit the amounts into a separate account to be used to	1467
compensate counsel appointed by the court for indigent defendants.	1468

(g) The balance of the fine imposed under division	1469
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	1470
section shall be disbursed as otherwise provided by law.	1471

(6) If title to a motor vehicle that is subject to an order	1472
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	1473
this section is assigned or transferred and division (B)(2) or (3)	1474
of section 4503.234 of the Revised Code applies, in addition to or	1475
independent of any other penalty established by law, the court may	1476
fine the offender the value of the vehicle as determined by	1477
publications of the national auto dealers association. The	1478
proceeds of any fine so imposed shall be distributed in accordance	1479
with division (C)(2) of that section.	1480

(7) As used in division (G) of this section, "electronic	1481
monitoring," "mandatory prison term," and "mandatory term of local	1482
incarceration" have the same meanings as in section 2929.01 of the	1483
Revised Code.	1484

(H) Whoever violates division (B) of this section is guilty	1485
of operating a vehicle after underage alcohol consumption and	1486
shall be punished as follows:	1487

(1) Except as otherwise provided in division (H)(2) of this	1488
section, the offender is guilty of a misdemeanor of the fourth	1489
degree. In addition to any other sanction imposed for the offense,	1490
the court shall impose a class six suspension of the offender's	1491
driver's license, commercial driver's license, temporary	1492
instruction permit, probationary license, or nonresident operating	1493
privilege from the range specified in division (A)(6) of section	1494
4510.02 of the Revised Code.	1495

(2) If, within one year of the offense, the offender	1496
previously has been convicted of or pleaded guilty to one or more	1497
violations of division (A) or (B) of this section or other	1498
equivalent offenses, the offender is guilty of a misdemeanor of	1499
the third degree. In addition to any other sanction imposed for	1500
the offense, the court shall impose a class four suspension of the	1501
offender's driver's license, commercial driver's license,	1502
temporary instruction permit, probationary license, or nonresident	1503
operating privilege from the range specified in division (A)(4) of	1504
section 4510.02 of the Revised Code.	1505

(3) If the offender also is convicted of or also pleads	1506
guilty to a specification of the type described in section	1507
2941.1416 of the Revised Code and if the court imposes a jail term	1508
for the violation of division (B) of this section, the court shall	1509
impose upon the offender an additional definite jail term pursuant	1510
to division (E) of section 2929.24 of the Revised Code.	1511

(I)(1) No court shall sentence an offender to an alcohol	1512
treatment program under this section unless the treatment program	1513
complies with the minimum standards for alcohol treatment programs	1514
adopted under Chapter 3793. of the Revised Code by the director of	1515
alcohol and drug addiction services.	1516

(2) An offender who stays in a drivers' intervention program	1517
or in an alcohol treatment program under an order issued under	1518
this section shall pay the cost of the stay in the program.	1519
However, if the court determines that an offender who stays in an	1520
alcohol treatment program under an order issued under this section	1521
is unable to pay the cost of the stay in the program, the court	1522
may order that the cost be paid from the court's indigent drivers'	1523
alcohol treatment fund.	1524

(J) If a person whose driver's or commercial driver's license	1525
or permit or nonresident operating privilege is suspended under	1526
this section files an appeal regarding any aspect of the person's	1527
trial or sentence, the appeal itself does not stay the operation	1528
of the suspension.	1529

(K) Division (A)(1)(j) of this section does not apply to a	1530
person who operates a vehicle, streetcar, or trackless trolley	1531
while the person has a concentration of a listed controlled	1532
substance or a listed metabolite of a controlled substance in the	1533
person's whole blood, blood serum or plasma, or urine that equals	1534
or exceeds the amount specified in that division, if both of the	1535
following apply:	1536

(1) The person obtained the controlled substance pursuant to	1537
a prescription issued by a licensed health professional authorized	1538
to prescribe drugs.	1539

(2) The person injected, ingested, or inhaled the controlled	1540
substance in accordance with the health professional's directions.	1541

(L) The prohibited concentrations of a controlled substance	1542
or a metabolite of a controlled substance listed in division	1543
(A)(1)(j) of this section also apply in a prosecution of a	1544
violation of division (D) of section 2923.16 of the Revised Code	1545
in the same manner as if the offender is being prosecuted for a	1546
prohibited concentration of alcohol.	1547

(M) All terms defined in section 4510.01 of the Revised Code	1548
apply to this section. If the meaning of a term defined in section	1549
4510.01 of the Revised Code conflicts with the meaning of the same	1550
term as defined in section 4501.01 or 4511.01 of the Revised Code,	1551
the term as defined in section 4510.01 of the Revised Code applies	1552
to this section.	1553

(N)(1) The Ohio Traffic Rules in effect on January 1, 2004,	1554
as adopted by the supreme court under authority of section 2937.46	1555
of the Revised Code, do not apply to felony violations of this	1556
section. Subject to division (N)(2) of this section, the Rules of	1557
Criminal Procedure apply to felony violations of this section.	1558

(2) If, on or after January 1, 2004, the supreme court	1559
modifies the Ohio Traffic Rules to provide procedures to govern	1560
felony violations of this section, the modified rules shall apply	1561
to felony violations of this section.	1562

Section 2. That existing sections 120.36, 2937.22, 2949.091,	1563
2949.094, 2949.111, 4507.45, 4510.22, and 4511.19 of the Revised	1564
Code are hereby repealed.	1565