Bill Text: OH HB191 | 2009-2010 | 128th General Assembly | Engrossed

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Bill Title: To increase the penalties for street racing and to create the offense of "street racing manslaughter."

Spectrum: Moderate Partisan Bill (Democrat 30-5)

Status: (Engrossed - Dead) 2009-12-02 - To Judiciary Criminal Justice [HB191 Detail]

Download: Ohio-2009-HB191-Engrossed.html

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As Passed by the House

128th General Assembly Regular Session 2009-2010

Sub. H. B. No. 191

Representative Celeste 

Cosponsors: Representatives Murray, Hagan, Fende, Harris, Boyd, Okey, Chandler, Domenick, Heard, Brown, Bacon, Belcher, Bolon, Driehaus, Dyer, Foley, Garland, Grossman, Letson, Luckie, Lundy, Newcomb, Oelslager, Phillips, Pillich, Pryor, Snitchler, Stewart, Szollosi, Weddington, Williams, B., Winburn, Yates, Yuko 

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A BILL

To amend sections 2743.51, 2903.06, 2929.01, 2935.03,

1

4503.234, 4510.17, 4510.41, 4511.181, and 4511.251

2

and to enact section 4511.253 of the Revised Code

3

to increase the penalties for street racing and to

4

create the offense of "street racing

5

manslaughter."

6

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

Section 1.  That sections 2743.51, 2903.06, 2929.01, 2935.03,	7
4503.234, 4510.17, 4510.41, 4511.181, and 4511.251 be amended and	8
section 4511.253 of the Revised Code be enacted to read as	9
follows:	10

Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the	11
Revised Code:	12

(A) "Claimant" means both of the following categories of	13
persons:	14

(1) Any of the following persons who claim an award of	15
reparations under sections 2743.51 to 2743.72 of the Revised Code:	16

(a) A victim who was one of the following at the time of the	17
criminally injurious conduct:	18

(i) A resident of the United States;

19

(ii) A resident of a foreign country the laws of which permit	20
residents of this state to recover compensation as victims of	21
offenses committed in that country.	22

(b) A dependent of a deceased victim who is described in	23
division (A)(1)(a) of this section;	24

(c) A third person, other than a collateral source, who	25
legally assumes or voluntarily pays the obligations of a victim,	26
or of a dependent of a victim, who is described in division	27
(A)(1)(a) of this section, which obligations are incurred as a	28
result of the criminally injurious conduct that is the subject of	29
the claim and may include, but are not limited to, medical or	30
burial expenses;	31

(d) A person who is authorized to act on behalf of any person	32
who is described in division (A)(1)(a), (b), or (c) of this	33
section;	34

(e) The estate of a deceased victim who is described in	35
division (A)(1)(a) of this section.	36

(2) Any of the following persons who claim an award of	37
reparations under sections 2743.51 to 2743.72 of the Revised Code:	38

(a) A victim who had a permanent place of residence within	39
this state at the time of the criminally injurious conduct and	40
who, at the time of the criminally injurious conduct, complied	41
with any one of the following:	42

(i) Had a permanent place of employment in this state;

43

(ii) Was a member of the regular armed forces of the United	44
States or of the United States coast guard or was a full-time	45
member of the Ohio organized militia or of the United States army	46
reserve, naval reserve, or air force reserve;	47

(iii) Was retired and receiving social security or any other	48
retirement income;	49

(iv) Was sixty years of age or older;

50

(v) Was temporarily in another state for the purpose of	51
receiving medical treatment;	52

(vi) Was temporarily in another state for the purpose of	53
performing employment-related duties required by an employer	54
located within this state as an express condition of employment or	55
employee benefits;	56

(vii) Was temporarily in another state for the purpose of	57
receiving occupational, vocational, or other job-related training	58
or instruction required by an employer located within this state	59
as an express condition of employment or employee benefits;	60

(viii) Was a full-time student at an academic institution,	61
college, or university located in another state;	62

(ix) Had not departed the geographical boundaries of this	63
state for a period exceeding thirty days or with the intention of	64
becoming a citizen of another state or establishing a permanent	65
place of residence in another state.	66

(b) A dependent of a deceased victim who is described in	67
division (A)(2)(a) of this section;	68

(c) A third person, other than a collateral source, who	69
legally assumes or voluntarily pays the obligations of a victim,	70
or of a dependent of a victim, who is described in division	71
(A)(2)(a) of this section, which obligations are incurred as a	72
result of the criminally injurious conduct that is the subject of	73
the claim and may include, but are not limited to, medical or	74
burial expenses;	75

(d) A person who is authorized to act on behalf of any person	76
who is described in division (A)(2)(a), (b), or (c) of this	77
section;	78

(e) The estate of a deceased victim who is described in	79
division (A)(2)(a) of this section.	80

(B) "Collateral source" means a source of benefits or	81
advantages for economic loss otherwise reparable that the victim	82
or claimant has received, or that is readily available to the	83
victim or claimant, from any of the following sources:	84

(1) The offender;

85

(2) The government of the United States or any of its	86
agencies, a state or any of its political subdivisions, or an	87
instrumentality of two or more states, unless the law providing	88
for the benefits or advantages makes them excess or secondary to	89
benefits under sections 2743.51 to 2743.72 of the Revised Code;	90

(3) Social security, medicare, and medicaid;

91

(4) State-required, temporary, nonoccupational disability	92
insurance;	93

(5) Workers' compensation;

94

(6) Wage continuation programs of any employer;

95

(7) Proceeds of a contract of insurance payable to the victim	96
for loss that the victim sustained because of the criminally	97
injurious conduct;	98

(8) A contract providing prepaid hospital and other health	99
care services, or benefits for disability;	100

(9) That portion of the proceeds of all contracts of	101
insurance payable to the claimant on account of the death of the	102
victim that exceeds fifty thousand dollars;	103

(10) Any compensation recovered or recoverable under the laws	104
of another state, district, territory, or foreign country because	105
the victim was the victim of an offense committed in that state,	106
district, territory, or country.	107

"Collateral source" does not include any money, or the	108
monetary value of any property, that is subject to sections	109
2969.01 to 2969.06 of the Revised Code or that is received as a	110
benefit from the Ohio public safety officers death benefit fund	111
created by section 742.62 of the Revised Code.	112

(C) "Criminally injurious conduct" means one of the	113
following:	114

(1) For the purposes of any person described in division	115
(A)(1) of this section, any conduct that occurs or is attempted in	116
this state; poses a substantial threat of personal injury or	117
death; and is punishable by fine, imprisonment, or death, or would	118
be so punishable but for the fact that the person engaging in the	119
conduct lacked capacity to commit the crime under the laws of this	120
state. Criminally injurious conduct does not include conduct	121
arising out of the ownership, maintenance, or use of a motor	122
vehicle, except when any of the following applies:	123

(a) The person engaging in the conduct intended to cause	124
personal injury or death;	125

(b) The person engaging in the conduct was using the vehicle	126
to flee immediately after committing a felony or an act that would	127
constitute a felony but for the fact that the person engaging in	128
the conduct lacked the capacity to commit the felony under the	129
laws of this state;	130

(c) The person engaging in the conduct was using the vehicle	131
in a manner that constitutes an OVI violation;	132

(d) The conduct occurred on or after July 25, 1990, and the	133
person engaging in the conduct was using the vehicle in a manner	134
that constitutes a violation of section 2903.08 of the Revised	135
Code;	136

(e) The person engaging in the conduct acted in a manner that	137
caused serious physical harm to a person and that constituted a	138
violation of section 4549.02 or 4549.021 of the Revised Code.	139

(2) For the purposes of any person described in division	140
(A)(2) of this section, any conduct that occurs or is attempted in	141
another state, district, territory, or foreign country; poses a	142
substantial threat of personal injury or death; and is punishable	143
by fine, imprisonment, or death, or would be so punishable but for	144
the fact that the person engaging in the conduct lacked capacity	145
to commit the crime under the laws of the state, district,	146
territory, or foreign country in which the conduct occurred or was	147
attempted. Criminally injurious conduct does not include conduct	148
arising out of the ownership, maintenance, or use of a motor	149
vehicle, except when any of the following applies:	150

(a) The person engaging in the conduct intended to cause	151
personal injury or death;	152

(b) The person engaging in the conduct was using the vehicle	153
to flee immediately after committing a felony or an act that would	154
constitute a felony but for the fact that the person engaging in	155
the conduct lacked the capacity to commit the felony under the	156
laws of the state, district, territory, or foreign country in	157
which the conduct occurred or was attempted;	158

(c) The person engaging in the conduct was using the vehicle	159
in a manner that constitutes an OVI violation;	160

(d) The conduct occurred on or after July 25, 1990, the	161
person engaging in the conduct was using the vehicle in a manner	162
that constitutes a violation of any law of the state, district,	163
territory, or foreign country in which the conduct occurred, and	164
that law is substantially similar to a violation of section	165
2903.08 of the Revised Code;	166

(e) The person engaging in the conduct acted in a manner that	167
caused serious physical harm to a person and that constituted a	168
violation of any law of the state, district, territory, or foreign	169
country in which the conduct occurred, and that law is	170
substantially similar to section 4549.02 or 4549.021 of the	171
Revised Code.	172

(3) For the purposes of any person described in division	173
(A)(1) or (2) of this section, terrorism that occurs within or	174
outside the territorial jurisdiction of the United States.	175

(D) "Dependent" means an individual wholly or partially	176
dependent upon the victim for care and support, and includes a	177
child of the victim born after the victim's death.	178

(E) "Economic loss" means economic detriment consisting only	179
of allowable expense, work loss, funeral expense, unemployment	180
benefits loss, replacement services loss, cost of crime scene	181
cleanup, and cost of evidence replacement. If criminally injurious	182
conduct causes death, economic loss includes a dependent's	183
economic loss and a dependent's replacement services loss.	184
Noneconomic detriment is not economic loss; however, economic loss	185
may be caused by pain and suffering or physical impairment.	186

(F)(1) "Allowable expense" means reasonable charges incurred	187
for reasonably needed products, services, and accommodations,	188
including those for medical care, rehabilitation, rehabilitative	189
occupational training, and other remedial treatment and care and	190
including replacement costs for eyeglasses and other corrective	191
lenses. It does not include that portion of a charge for a room in	192
a hospital, clinic, convalescent home, nursing home, or any other	193
institution engaged in providing nursing care and related services	194
in excess of a reasonable and customary charge for semiprivate	195
accommodations, unless accommodations other than semiprivate	196
accommodations are medically required.	197

(2) An immediate family member of a victim of criminally	198
injurious conduct that consists of a homicide, a sexual assault,	199
domestic violence, or a severe and permanent incapacitating injury	200
resulting in paraplegia or a similar life-altering condition, who	201
requires psychiatric care or counseling as a result of the	202
criminally injurious conduct, may be reimbursed for that care or	203
counseling as an allowable expense through the victim's	204
application. The cumulative allowable expense for care or	205
counseling of that nature shall not exceed two thousand five	206
hundred dollars for each immediate family member of a victim of	207
that type and seven thousand five hundred dollars in the aggregate	208
for all immediate family members of a victim of that type.	209

(3) A family member of a victim who died as a proximate	210
result of criminally injurious conduct may be reimbursed as an	211
allowable expense through the victim's application for wages lost	212
and travel expenses incurred in order to attend criminal justice	213
proceedings arising from the criminally injurious conduct. The	214
cumulative allowable expense for wages lost and travel expenses	215
incurred by a family member to attend criminal justice proceedings	216
shall not exceed five hundred dollars for each family member of	217
the victim and two thousand dollars in the aggregate for all	218
family members of the victim.	219

(4) "Allowable expense" includes attorney's fees not	220
exceeding two thousand five hundred dollars, at a rate not	221
exceeding one hundred fifty dollars per hour, incurred to	222
successfully obtain a restraining order, custody order, or other	223
order to physically separate a victim from an offender, if the	224
attorney has not received payment under section 2743.65 of the	225
Revised Code for assisting a claimant with an application for an	226
award of reparations under sections 2743.51 to 2743.72 of the	227
Revised Code.	228

(G) "Work loss" means loss of income from work that the	229
injured person would have performed if the person had not been	230
injured and expenses reasonably incurred by the person to obtain	231
services in lieu of those the person would have performed for	232
income, reduced by any income from substitute work actually	233
performed by the person, or by income the person would have earned	234
in available appropriate substitute work that the person was	235
capable of performing but unreasonably failed to undertake.	236

(H) "Replacement services loss" means expenses reasonably	237
incurred in obtaining ordinary and necessary services in lieu of	238
those the injured person would have performed, not for income, but	239
for the benefit of the person's self or family, if the person had	240
not been injured.	241

(I) "Dependent's economic loss" means loss after a victim's	242
death of contributions of things of economic value to the victim's	243
dependents, not including services they would have received from	244
the victim if the victim had not suffered the fatal injury, less	245
expenses of the dependents avoided by reason of the victim's	246
death. If a minor child of a victim is adopted after the victim's	247
death, the minor child continues after the adoption to incur a	248
dependent's economic loss as a result of the victim's death. If	249
the surviving spouse of a victim remarries, the surviving spouse	250
continues after the remarriage to incur a dependent's economic	251
loss as a result of the victim's death.	252

(J) "Dependent's replacement services loss" means loss	253
reasonably incurred by dependents after a victim's death in	254
obtaining ordinary and necessary services in lieu of those the	255
victim would have performed for their benefit if the victim had	256
not suffered the fatal injury, less expenses of the dependents	257
avoided by reason of the victim's death and not subtracted in	258
calculating the dependent's economic loss. If a minor child of a	259
victim is adopted after the victim's death, the minor child	260
continues after the adoption to incur a dependent's replacement	261
services loss as a result of the victim's death. If the surviving	262
spouse of a victim remarries, the surviving spouse continues after	263
the remarriage to incur a dependent's replacement services loss as	264
a result of the victim's death.	265

(K) "Noneconomic detriment" means pain, suffering,	266
inconvenience, physical impairment, or other nonpecuniary damage.	267

(L) "Victim" means a person who suffers personal injury or	268
death as a result of any of the following:	269

(1) Criminally injurious conduct;

270

(2) The good faith effort of any person to prevent criminally	271
injurious conduct;	272

(3) The good faith effort of any person to apprehend a person	273
suspected of engaging in criminally injurious conduct.	274

(M) "Contributory misconduct" means any conduct of the	275
claimant or of the victim through whom the claimant claims an	276
award of reparations that is unlawful or intentionally tortious	277
and that, without regard to the conduct's proximity in time or	278
space to the criminally injurious conduct, has a causal	279
relationship to the criminally injurious conduct that is the basis	280
of the claim.	281

(N)(1) "Funeral expense" means any reasonable charges that	282
are not in excess of seven thousand five hundred dollars per	283
funeral and that are incurred for expenses directly related to a	284
victim's funeral, cremation, or burial and any wages lost or	285
travel expenses incurred by a family member of a victim in order	286
to attend the victim's funeral, cremation, or burial.	287

(2) An award for funeral expenses shall be applied first to	288
expenses directly related to the victim's funeral, cremation, or	289
burial. An award for wages lost or travel expenses incurred by a	290
family member of the victim shall not exceed five hundred dollars	291
for each family member and shall not exceed in the aggregate the	292
difference between seven thousand five hundred dollars and	293
expenses that are reimbursed by the program and that are directly	294
related to the victim's funeral, cremation, or burial.	295

(O) "Unemployment benefits loss" means a loss of unemployment	296
benefits pursuant to Chapter 4141. of the Revised Code when the	297
loss arises solely from the inability of a victim to meet the able	298
to work, available for suitable work, or the actively seeking	299
suitable work requirements of division (A)(4)(a) of section	300
4141.29 of the Revised Code.	301

(P) "OVI violation" means any of the following:

302

(1) A violation of section 4511.19 of the Revised Code, of	303
any municipal ordinance prohibiting the operation of a vehicle	304
while under the influence of alcohol, a drug of abuse, or a	305
combination of them, or of any municipal ordinance prohibiting the	306
operation of a vehicle with a prohibited concentration of alcohol,	307
a controlled substance, or a metabolite of a controlled substance	308
in the whole blood, blood serum or plasma, breath, or urine;	309

(2) A violation of division (A)(1) of section 2903.06 of the	310
Revised Code;	311

(3) A violation of division (A)(2), (3), or (4), or (5) of	312
section 2903.06 of the Revised Code or of a municipal ordinance	313
substantially similar to any of those divisions, if the offender	314
was under the influence of alcohol, a drug of abuse, or a	315
combination of them, at the time of the commission of the offense;	316

(4) For purposes of any person described in division (A)(2)	317
of this section, a violation of any law of the state, district,	318
territory, or foreign country in which the criminally injurious	319
conduct occurred, if that law is substantially similar to a	320
violation described in division (P)(1) or (2) of this section or	321
if that law is substantially similar to a violation described in	322
division (P)(3) of this section and the offender was under the	323
influence of alcohol, a drug of abuse, or a combination of them,	324
at the time of the commission of the offense.	325

(Q) "Pendency of the claim" for an original reparations	326
application or supplemental reparations application means the	327
period of time from the date the criminally injurious conduct upon	328
which the application is based occurred until the date a final	329
decision, order, or judgment concerning that original reparations	330
application or supplemental reparations application is issued.	331

(R) "Terrorism" means any activity to which all of the	332
following apply:	333

(1) The activity involves a violent act or an act that is	334
dangerous to human life.	335

(2) The act described in division (R)(1) of this section is	336
committed within the territorial jurisdiction of the United States	337
and is a violation of the criminal laws of the United States, this	338
state, or any other state or the act described in division (R)(1)	339
of this section is committed outside the territorial jurisdiction	340
of the United States and would be a violation of the criminal laws	341
of the United States, this state, or any other state if committed	342
within the territorial jurisdiction of the United States.	343

(3) The activity appears to be intended to do any of the	344
following:	345

(a) Intimidate or coerce a civilian population;

346

(b) Influence the policy of any government by intimidation or	347
coercion;	348

(c) Affect the conduct of any government by assassination or	349
kidnapping.	350

(4) The activity occurs primarily outside the territorial	351
jurisdiction of the United States or transcends the national	352
boundaries of the United States in terms of the means by which the	353
activity is accomplished, the person or persons that the activity	354
appears intended to intimidate or coerce, or the area or locale in	355
which the perpetrator or perpetrators of the activity operate or	356
seek asylum.	357

(S) "Transcends the national boundaries of the United States"	358
means occurring outside the territorial jurisdiction of the United	359
States in addition to occurring within the territorial	360
jurisdiction of the United States.	361

(T) "Cost of crime scene cleanup" means reasonable and	362
necessary costs of cleaning the scene and repairing, for the	363
purpose of personal security, property damaged at the scene where	364
the criminally injurious conduct occurred, not to exceed seven	365
hundred fifty dollars in the aggregate per claim.	366

(U) "Cost of evidence replacement" means costs for	367
replacement of property confiscated for evidentiary purposes	368
related to the criminally injurious conduct, not to exceed seven	369
hundred fifty dollars in the aggregate per claim.	370

(V) "Provider" means any person who provides a victim or	371
claimant with a product, service, or accommodations that are an	372
allowable expense or a funeral expense.	373

(W) "Immediate family member" means an individual who resided	374
in the same permanent household as a victim at the time of the	375
criminally injurious conduct and who is related to the victim by	376
affinity or consanguinity.	377

(X) "Family member" means an individual who is related to a	378
victim by affinity or consanguinity.	379

Sec. 2903.06.  (A) No person, while operating or	380
participating in the operation of a motor vehicle, motorcycle,	381
snowmobile, locomotive, watercraft, or aircraft, shall cause the	382
death of another or the unlawful termination of another's	383
pregnancy in any of the following ways:	384

(1)(a) As the proximate result of committing a violation of	385
division (A) of section 4511.19 of the Revised Code or of a	386
substantially equivalent municipal ordinance;	387

(b) As the proximate result of committing a violation of	388
division (A) of section 1547.11 of the Revised Code or of a	389
substantially equivalent municipal ordinance;	390

(c) As the proximate result of committing a violation of	391
division (A)(3) of section 4561.15 of the Revised Code or of a	392
substantially equivalent municipal ordinance.	393

(2) In one of the following ways:

394

(a) Recklessly;

395

(b) As the proximate result of committing, while operating or	396
participating in the operation of a motor vehicle or motorcycle in	397
a construction zone, a reckless operation offense, provided that	398
this division applies only if the person whose death is caused or	399
whose pregnancy is unlawfully terminated is in the construction	400
zone at the time of the offender's commission of the reckless	401
operation offense in the construction zone and does not apply as	402
described in division (F)(G) of this section.	403

(3) In one of the following ways:

404

(a) Negligently;

405

(b) As the proximate result of committing, while operating or	406
participating in the operation of a motor vehicle or motorcycle in	407
a construction zone, a speeding offense, provided that this	408
division applies only if the person whose death is caused or whose	409
pregnancy is unlawfully terminated is in the construction zone at	410
the time of the offender's commission of the speeding offense in	411
the construction zone and does not apply as described in division	412
(F) of this section.	413

(4) As the proximate result of committing a violation of any	414
provision of any section contained in Title XLV of the Revised	415
Code that is a minor misdemeanor or of a municipal ordinance that,	416
regardless of the penalty set by ordinance for the violation, is	417
substantially equivalent to any provision of any section contained	418
in Title XLV of the Revised Code that is a minor misdemeanor;	419

(5) As the proximate result of committing, while operating or	420
participating in the operation of a motor vehicle or motorcycle	421
upon a public road, street, or highway in this state, a violation	422
of division (B) of section 4511.251 of the Revised Code or of a	423
substantially equivalent municipal ordinance. Every operator of	424
every motor vehicle and motorcycle involved in the violation is	425
criminally culpable under division (A)(5) of this section,	426
whether or not the operator's motor vehicle or motorcycle made	427
contact with any other motor vehicle or motorcycle or any person.	428

(B)(1) Whoever violates division (A)(1) or (2) of this	429
section is guilty of aggravated vehicular homicide and shall be	430
punished as provided in divisions (B)(2) and (3) of this section.	431

(2)(a) Except as otherwise provided in division (B)(2)(b) or	432
(c) of this section, aggravated vehicular homicide committed in	433
violation of division (A)(1) of this section is a felony of the	434
second degree and the court shall impose a mandatory prison term	435
on the offender as described in division (E)(F) of this section.	436

(b) Except as otherwise provided in division (B)(2)(c) of	437
this section, aggravated vehicular homicide committed in violation	438
of division (A)(1) of this section is a felony of the first	439
degree, and the court shall impose a mandatory prison term on the	440
offender as described in division (E)(F) of this section, if any	441
of the following apply:	442

(i) At the time of the offense, the offender was driving	443
under a suspension or cancellation imposed under Chapter 4510. or	444
any other provision of the Revised Code or was operating a motor	445
vehicle or motorcycle, did not have a valid driver's license,	446
commercial driver's license, temporary instruction permit,	447
probationary license, or nonresident operating privilege, and was	448
not eligible for renewal of the offender's driver's license or	449
commercial driver's license without examination under section	450
4507.10 of the Revised Code.	451

(ii) The offender previously has been convicted of or pleaded	452
guilty to a violation of this section.	453

(iii) The offender previously has been convicted of or	454
pleaded guilty to any traffic-related homicide, manslaughter, or	455
assault offense.	456

(c) Aggravated vehicular homicide committed in violation of	457
division (A)(1) of this section is a felony of the first degree,	458
and the court shall sentence the offender to a mandatory prison	459
term as provided in section 2929.142 of the Revised Code and	460
described in division (E)(F) of this section if any of the	461
following apply:	462

(i) The offender previously has been convicted of or pleaded	463
guilty to three or more prior violations of section 4511.19 of the	464
Revised Code or of a substantially equivalent municipal ordinance	465
within the previous six years.	466

(ii) The offender previously has been convicted of or pleaded	467
guilty to three or more prior violations of division (A) of	468
section 1547.11 of the Revised Code or of a substantially	469
equivalent municipal ordinance within the previous six years.	470

(iii) The offender previously has been convicted of or	471
pleaded guilty to three or more prior violations of division	472
(A)(3) of section 4561.15 of the Revised Code or of a	473
substantially equivalent municipal ordinance within the previous	474
six years.	475

(iv) The offender previously has been convicted of or pleaded	476
guilty to three or more prior violations of division (A)(1) of	477
this section within the previous six years.	478

(v) The offender previously has been convicted of or pleaded	479
guilty to three or more prior violations of division (A)(1) of	480
section 2903.08 of the Revised Code within the previous six years.	481

(vi) The offender previously has been convicted of or pleaded	482
guilty to three or more prior violations of section 2903.04 of the	483
Revised Code within the previous six years in circumstances in	484
which division (D) of that section applied regarding the	485
violations.	486

(vii) The offender previously has been convicted of or	487
pleaded guilty to three or more violations of any combination of	488
the offenses listed in division (B)(2)(c)(i), (ii), (iii), (iv),	489
(v), or (vi) of this section within the previous six years.	490

(viii) The offender previously has been convicted of or	491
pleaded guilty to a second or subsequent felony violation of	492
division (A) of section 4511.19 of the Revised Code.	493

(d) In addition to any other sanctions imposed pursuant to	494
division (B)(2)(a), (b), or (c) of this section for aggravated	495
vehicular homicide committed in violation of division (A)(1) of	496
this section, the court shall impose upon the offender a class one	497
suspension of the offender's driver's license, commercial driver's	498
license, temporary instruction permit, probationary license, or	499
nonresident operating privilege as specified in division (A)(1) of	500
section 4510.02 of the Revised Code.	501

(3) Except as otherwise provided in this division, aggravated	502
vehicular homicide committed in violation of division (A)(2) of	503
this section is a felony of the third degree. Aggravated vehicular	504
homicide committed in violation of division (A)(2) of this section	505
is a felony of the second degree if, at the time of the offense,	506
the offender was driving under a suspension or cancellation	507
imposed under Chapter 4510. or any other provision of the Revised	508
Code or was operating a motor vehicle or motorcycle, did not have	509
a valid driver's license, commercial driver's license, temporary	510
instruction permit, probationary license, or nonresident	511
operating privilege, and was not eligible for renewal of the	512
offender's driver's license or commercial driver's license without	513
examination under section 4507.10 of the Revised Code or if the	514
offender previously has been convicted of or pleaded guilty to a	515
violation of this section or any traffic-related homicide,	516
manslaughter, or assault offense. The court shall impose a	517
mandatory prison term on the offender when required by division	518
(E)(F) of this section.	519

In addition to any other sanctions imposed pursuant to this	520
division for a violation of division (A)(2) of this section, the	521
court shall impose upon the offender a class two suspension of the	522
offender's driver's license, commercial driver's license,	523
temporary instruction permit, probationary license, or nonresident	524
operating privilege from the range specified in division (A)(2) of	525
section 4510.02 of the Revised Code or, if the offender previously	526
has been convicted of or pleaded guilty to a traffic-related	527
murder, felonious assault, or attempted murder offense, a class	528
one suspension of the offender's driver's license, commercial	529
driver's license, temporary instruction permit, probationary	530
license, or nonresident operating privilege as specified in	531
division (A)(1) of that section.	532

(C) Whoever violates division (A)(3) of this section is	533
guilty of vehicular homicide. Except as otherwise provided in this	534
division, vehicular homicide is a misdemeanor of the first degree.	535
Vehicular homicide committed in violation of division (A)(3) of	536
this section is a felony of the fourth degree if, at the time of	537
the offense, the offender was driving under a suspension or	538
cancellation imposed under Chapter 4510. or any other provision	539
of the Revised Code or was operating a motor vehicle or	540
motorcycle, did not have a valid driver's license, commercial	541
driver's license, temporary instruction permit, probationary	542
license, or nonresident operating privilege, and was not	543
eligible for renewal of the offender's driver's license or	544
commercial driver's license without examination under section	545
4507.10 of the Revised Code or if the offender previously has been	546
convicted of or pleaded guilty to a violation of this section or	547
any traffic-related homicide, manslaughter, or assault offense.	548
The court shall impose a mandatory jail term or a mandatory	549
prison term on the offender when required by division (E)(F) of	550
this section.	551

In addition to any other sanctions imposed pursuant to this	552
division, the court shall impose upon the offender a class four	553
suspension of the offender's driver's license, commercial driver's	554
license, temporary instruction permit, probationary license, or	555
nonresident operating privilege from the range specified in	556
division (A)(4) of section 4510.02 of the Revised Code, or, if the	557
offender previously has been convicted of or pleaded guilty to a	558
violation of this section or any traffic-related homicide,	559
manslaughter, or assault offense, a class three suspension of the	560
offender's driver's license, commercial driver's license,	561
temporary instruction permit, probationary license, or nonresident	562
operating privilege from the range specified in division (A)(3) of	563
that section, or, if the offender previously has been convicted of	564
or pleaded guilty to a traffic-related murder, felonious assault,	565
or attempted murder offense, a class two suspension of the	566
offender's driver's license, commercial driver's license,	567
temporary instruction permit, probationary license, or nonresident	568
operating privilege as specified in division (A)(2) of that	569
section.	570

(D) Whoever violates division (A)(4) of this section is	571
guilty of vehicular manslaughter. Except as otherwise provided in	572
this division, vehicular manslaughter is a misdemeanor of the	573
second degree. Vehicular manslaughter is a misdemeanor of the	574
first degree if, at the time of the offense, the offender was	575
driving under a suspension or cancellation imposed under Chapter	576
4510. or any other provision of the Revised Code or was operating	577
a motor vehicle or motorcycle, did not have a valid driver's	578
license, commercial driver's license, temporary instruction	579
permit, probationary license, or nonresident operating privilege,	580
and was not eligible for renewal of the offender's driver's	581
license or commercial driver's license without examination under	582
section 4507.10 of the Revised Code or if the offender previously	583
has been convicted of or pleaded guilty to a violation of this	584
section or any traffic-related homicide, manslaughter, or assault	585
offense.	586

In addition to any other sanctions imposed pursuant to this	587
division, the court shall impose upon the offender a class six	588
suspension of the offender's driver's license, commercial driver's	589
license, temporary instruction permit, probationary license, or	590
nonresident operating privilege from the range specified in	591
division (A)(6) of section 4510.02 of the Revised Code or, if the	592
offender previously has been convicted of or pleaded guilty to a	593
violation of this section, any traffic-related homicide,	594
manslaughter, or assault offense, or a traffic-related murder,	595
felonious assault, or attempted murder offense, a class four	596
suspension of the offender's driver's license, commercial driver's	597
license, temporary instruction permit, probationary license, or	598
nonresident operating privilege from the range specified in	599
division (A)(4) of that section.	600

(E)(1) Whoever violates division (A)(5) of this section is	601
guilty of street racing manslaughter, a felony of the second	602
degree. In addition to any other sanctions, the court shall impose	603
upon the offender a class two suspension of the offender's	604
driver's license, commercial driver's license, temporary	605
instruction permit, probationary license, or nonresident operating	606
privilege for a period prescribed in division (A)(2) of section	607
4510.02 of the Revised Code, which period shall be not less than	608
five years.	609

(2) In addition to any other sanctions, the court shall order	610
the criminal forfeiture of the motor vehicle the offender was	611
operating at the time the offender violated division (A)(5) of	612
this section if either of the following applies:	613

(a) The motor vehicle the offender was operating at the time	614
of such violation is registered in the offender's name.	615

(b) The motor vehicle the offender was operating at the time	616
of such violation is not registered in the offender's name but is	617
registered in the name of another person, and the person in whose	618
name the motor vehicle is registered knew or had reasonable cause	619
to believe that the offender would operate the motor vehicle in	620
violation of section 4511.251 of the Revised Code or a	621
substantially equivalent municipal ordinance.	622

(3) Any forfeiture of a motor vehicle under division (E)(2)	623
of this section shall be in accordance with section 4503.234 of	624
the Revised Code. If title to a motor vehicle that is subject to	625
an order of criminal forfeiture under this section is assigned or	626
transferred and division (B)(2) or (3) of section 4503.234 of the	627
Revised Code applies, the court, in addition to any other	628
sanctions, may fine the offender the value of the vehicle as	629
determined by publications of the national auto dealers	630
association. The proceeds of any fine so imposed shall be	631
distributed in accordance with division (C)(2) of that section.	632

(F) The court shall impose a mandatory prison term on an	633
offender who is convicted of or pleads guilty to a violation of	634
division (A)(1) of this section. If division (B)(2)(c)(i), (ii),	635
(iii), (iv), (v), (vi), (vii), or (viii) of this section applies	636
to an offender who is convicted of or pleads guilty to the	637
violation of division (A)(1) of this section, the court shall	638
impose the mandatory prison term pursuant to section 2929.142 of	639
the Revised Code. The court shall impose a mandatory jail term of	640
at least fifteen days on an offender who is convicted of or pleads	641
guilty to a misdemeanor violation of division (A)(3)(b) of this	642
section and may impose upon the offender a longer jail term as	643
authorized pursuant to section 2929.24 of the Revised Code. The	644
court shall impose a mandatory prison term on an offender who is	645
convicted of or pleads guilty to a violation of division (A)(2) or	646
(3)(a) of this section or a felony violation of division (A)(3)(b)	647
of this section if either of the following applies:	648

(1) The offender previously has been convicted of or pleaded	649
guilty to a violation of this section or section 2903.08 of the	650
Revised Code.	651

(2) At the time of the offense, the offender was driving	652
under suspension or cancellation under Chapter 4510. or any other	653
provision of the Revised Code or was operating a motor vehicle or	654
motorcycle, did not have a valid driver's license, commercial	655
driver's license, temporary instruction permit, probationary	656
license, or nonresident operating privilege, and was not eligible	657
for renewal of the offender's driver's license or commercial	658
driver's license without examination under section 4507.10 of the	659
Revised Code.	660

(F)(G) Divisions (A)(2)(b) and (3)(b) of this section do not	661
apply in a particular construction zone unless signs of the type	662
described in section 2903.081 of the Revised Code are erected in	663
that construction zone in accordance with the guidelines and	664
design specifications established by the director of	665
transportation under section 5501.27 of the Revised Code. The	666
failure to erect signs of the type described in section 2903.081	667
of the Revised Code in a particular construction zone in	668
accordance with those guidelines and design specifications does	669
not limit or affect the application of division (A)(1), (A)(2)(a),	670
(A)(3)(a), or (A)(4) of this section in that construction zone or	671
the prosecution of any person who violates any of those divisions	672
in that construction zone.	673

(G)(H)(1) As used in this section:

674

(a) "Mandatory prison term" and "mandatory jail term" have	675
the same meanings as in section 2929.01 of the Revised Code.	676

(b) "Traffic-related homicide, manslaughter, or assault	677
offense" means a violation of section 2903.04 of the Revised Code	678
in circumstances in which division (D) of that section applies, a	679
violation of section 2903.06 or 2903.08 of the Revised Code, or a	680
violation of section 2903.06, 2903.07, or 2903.08 of the Revised	681
Code as they existed prior to March 23, 2000.	682

(c) "Construction zone" has the same meaning as in section	683
5501.27 of the Revised Code.	684

(d) "Reckless operation offense" means a violation of	685
section 4511.20 of the Revised Code or a municipal ordinance	686
substantially equivalent to section 4511.20 of the Revised Code.	687

(e) "Speeding offense" means a violation of section 4511.21	688
of the Revised Code or a municipal ordinance pertaining to speed.	689

(f) "Traffic-related murder, felonious assault, or attempted	690
murder offense" means a violation of section 2903.01 or 2903.02 of	691
the Revised Code in circumstances in which the offender used a	692
motor vehicle as the means to commit the violation, a violation of	693
division (A)(2) of section 2903.11 of the Revised Code in	694
circumstances in which the deadly weapon used in the commission of	695
the violation is a motor vehicle, or an attempt to commit	696
aggravated murder or murder in violation of section 2923.02 of the	697
Revised Code in circumstances in which the offender used a motor	698
vehicle as the means to attempt to commit the aggravated murder or	699
murder.	700

(g) "Motor vehicle" has the same meaning as in section	701
4501.01 of the Revised Code.	702

(2) For the purposes of this section, when a penalty or	703
suspension is enhanced because of a prior or current violation of	704
a specified law or a prior or current specified offense, the	705
reference to the violation of the specified law or the specified	706
offense includes any violation of any substantially equivalent	707
municipal ordinance, former law of this state, or current or	708
former law of another state or the United States.	709

Sec. 2929.01.  As used in this chapter:

710

(A)(1) "Alternative residential facility" means, subject to	711
division (A)(2) of this section, any facility other than an	712
offender's home or residence in which an offender is assigned to	713
live and that satisfies all of the following criteria:	714

(a) It provides programs through which the offender may seek	715
or maintain employment or may receive education, training,	716
treatment, or habilitation.	717

(b) It has received the appropriate license or certificate	718
for any specialized education, training, treatment, habilitation,	719
or other service that it provides from the government agency that	720
is responsible for licensing or certifying that type of education,	721
training, treatment, habilitation, or service.	722

(2) "Alternative residential facility" does not include a	723
community-based correctional facility, jail, halfway house, or	724
prison.	725

(B) "Basic probation supervision" means a requirement that	726
the offender maintain contact with a person appointed to supervise	727
the offender in accordance with sanctions imposed by the court or	728
imposed by the parole board pursuant to section 2967.28 of the	729
Revised Code. "Basic probation supervision" includes basic parole	730
supervision and basic post-release control supervision.	731

(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	732
"unit dose" have the same meanings as in section 2925.01 of the	733
Revised Code.	734

(D) "Community-based correctional facility" means a	735
community-based correctional facility and program or district	736
community-based correctional facility and program developed	737
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	738

(E) "Community control sanction" means a sanction that is not	739
a prison term and that is described in section 2929.15, 2929.16,	740
2929.17, or 2929.18 of the Revised Code or a sanction that is not	741
a jail term and that is described in section 2929.26, 2929.27, or	742
2929.28 of the Revised Code. "Community control sanction"	743
includes probation if the sentence involved was imposed for a	744
felony that was committed prior to July 1, 1996, or if the	745
sentence involved was imposed for a misdemeanor that was committed	746
prior to January 1, 2004.	747

(F) "Controlled substance," "marihuana," "schedule I," and	748
"schedule II" have the same meanings as in section 3719.01 of the	749
Revised Code.	750

(G) "Curfew" means a requirement that an offender during a	751
specified period of time be at a designated place.	752

(H) "Day reporting" means a sanction pursuant to which an	753
offender is required each day to report to and leave a center or	754
other approved reporting location at specified times in order to	755
participate in work, education or training, treatment, and other	756
approved programs at the center or outside the center.	757

(I) "Deadly weapon" has the same meaning as in section	758
2923.11 of the Revised Code.	759

(J) "Drug and alcohol use monitoring" means a program under	760
which an offender agrees to submit to random chemical analysis of	761
the offender's blood, breath, or urine to determine whether the	762
offender has ingested any alcohol or other drugs.	763

(K) "Drug treatment program" means any program under which a	764
person undergoes assessment and treatment designed to reduce or	765
completely eliminate the person's physical or emotional reliance	766
upon alcohol, another drug, or alcohol and another drug and under	767
which the person may be required to receive assessment and	768
treatment on an outpatient basis or may be required to reside at a	769
facility other than the person's home or residence while	770
undergoing assessment and treatment.	771

(L) "Economic loss" means any economic detriment suffered by	772
a victim as a direct and proximate result of the commission of an	773
offense and includes any loss of income due to lost time at work	774
because of any injury caused to the victim, and any property	775
loss, medical cost, or funeral expense incurred as a result of	776
the commission of the offense. "Economic loss" does not include	777
non-economic loss or any punitive or exemplary damages.	778

(M) "Education or training" includes study at, or in	779
conjunction with a program offered by, a university, college, or	780
technical college or vocational study and also includes the	781
completion of primary school, secondary school, and literacy	782
curricula or their equivalent.	783

(N) "Firearm" has the same meaning as in section 2923.11 of	784
the Revised Code.	785

(O) "Halfway house" means a facility licensed by the division	786
of parole and community services of the department of	787
rehabilitation and correction pursuant to section 2967.14 of the	788
Revised Code as a suitable facility for the care and treatment of	789
adult offenders.	790

(P) "House arrest" means a period of confinement of an	791
offender that is in the offender's home or in other premises	792
specified by the sentencing court or by the parole board pursuant	793
to section 2967.28 of the Revised Code and during which all of the	794
following apply:	795

(1) The offender is required to remain in the offender's home	796
or other specified premises for the specified period of	797
confinement, except for periods of time during which the offender	798
is at the offender's place of employment or at other premises as	799
authorized by the sentencing court or by the parole board.	800

(2) The offender is required to report periodically to a	801
person designated by the court or parole board.	802

(3) The offender is subject to any other restrictions and	803
requirements that may be imposed by the sentencing court or by the	804
parole board.	805

(Q) "Intensive probation supervision" means a requirement	806
that an offender maintain frequent contact with a person appointed	807
by the court, or by the parole board pursuant to section 2967.28	808
of the Revised Code, to supervise the offender while the offender	809
is seeking or maintaining necessary employment and participating	810
in training, education, and treatment programs as required in the	811
court's or parole board's order. "Intensive probation supervision"	812
includes intensive parole supervision and intensive post-release	813
control supervision.	814

(R) "Jail" means a jail, workhouse, minimum security jail, or	815
other residential facility used for the confinement of alleged or	816
convicted offenders that is operated by a political subdivision or	817
a combination of political subdivisions of this state.	818

(S) "Jail term" means the term in a jail that a sentencing	819
court imposes or is authorized to impose pursuant to section	820
2929.24 or 2929.25 of the Revised Code or pursuant to any other	821
provision of the Revised Code that authorizes a term in a jail for	822
a misdemeanor conviction.	823

(T) "Mandatory jail term" means the term in a jail that a	824
sentencing court is required to impose pursuant to division (G) of	825
section 1547.99 of the Revised Code, division (E)(F) of section	826
2903.06 or division (D) of section 2903.08 of the Revised Code,	827
division (E) or (G) of section 2929.24 of the Revised Code,	828
division (B) of section 4510.14 of the Revised Code, or division	829
(G) of section 4511.19 of the Revised Code or pursuant to any	830
other provision of the Revised Code that requires a term in a	831
jail for a misdemeanor conviction.	832

(U) "Delinquent child" has the same meaning as in section	833
2152.02 of the Revised Code.	834

(V) "License violation report" means a report that is made by	835
a sentencing court, or by the parole board pursuant to section	836
2967.28 of the Revised Code, to the regulatory or licensing board	837
or agency that issued an offender a professional license or a	838
license or permit to do business in this state and that specifies	839
that the offender has been convicted of or pleaded guilty to an	840
offense that may violate the conditions under which the offender's	841
professional license or license or permit to do business in this	842
state was granted or an offense for which the offender's	843
professional license or license or permit to do business in this	844
state may be revoked or suspended.	845

(W) "Major drug offender" means an offender who is convicted	846
of or pleads guilty to the possession of, sale of, or offer to	847
sell any drug, compound, mixture, preparation, or substance that	848
consists of or contains at least one thousand grams of hashish;	849
at least one hundred grams of crack cocaine; at least one	850
thousand grams of cocaine that is not crack cocaine; at least two	851
thousand five hundred unit doses or two hundred fifty grams of	852
heroin; at least five thousand unit doses of L.S.D. or five	853
hundred grams of L.S.D. in a liquid concentrate, liquid extract,	854
or liquid distillate form; or at least one hundred times the	855
amount of any other schedule I or II controlled substance other	856
than marihuana that is necessary to commit a felony of the third	857
degree pursuant to section 2925.03, 2925.04, 2925.05, or 2925.11	858
of the Revised Code that is based on the possession of, sale of,	859
or offer to sell the controlled substance.	860

(X) "Mandatory prison term" means any of the following:

861

(1) Subject to division (X)(2) of this section, the term in	862
prison that must be imposed for the offenses or circumstances set	863
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	864
2929.13 and division (D) of section 2929.14 of the Revised Code.	865
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	866
and 2925.11 of the Revised Code, unless the maximum or another	867
specific term is required under section 2929.14 or 2929.142 of the	868
Revised Code, a mandatory prison term described in this division	869
may be any prison term authorized for the level of offense.	870

(2) The term of sixty or one hundred twenty days in prison	871
that a sentencing court is required to impose for a third or	872
fourth degree felony OVI offense pursuant to division (G)(2) of	873
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	874
of the Revised Code or the term of one, two, three, four, or five	875
years in prison that a sentencing court is required to impose	876
pursuant to division (G)(2) of section 2929.13 of the Revised	877
Code.	878

(3) The term in prison imposed pursuant to division (A) of	879
section 2971.03 of the Revised Code for the offenses and in the	880
circumstances described in division (F)(11) of section 2929.13 of	881
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	882
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	883
2971.03 of the Revised Code and that term as modified or	884
terminated pursuant to section 2971.05 of the Revised Code.	885

(Y) "Monitored time" means a period of time during which an	886
offender continues to be under the control of the sentencing	887
court or parole board, subject to no conditions other than leading	888
a law-abiding life.	889

(Z) "Offender" means a person who, in this state, is	890
convicted of or pleads guilty to a felony or a misdemeanor.	891

(AA) "Prison" means a residential facility used for the	892
confinement of convicted felony offenders that is under the	893
control of the department of rehabilitation and correction but	894
does not include a violation sanction center operated under	895
authority of section 2967.141 of the Revised Code.	896

(BB) "Prison term" includes either of the following sanctions	897
for an offender:	898

(1) A stated prison term;

899

(2) A term in a prison shortened by, or with the approval of,	900
the sentencing court pursuant to section 2929.20, 2967.26,	901
5120.031, 5120.032, or 5120.073 of the Revised Code.	902

(CC) "Repeat violent offender" means a person about whom both	903
of the following apply:	904

(1) The person is being sentenced for committing or for	905
complicity in committing any of the following:	906

(a) Aggravated murder, murder, any felony of the first or	907
second degree that is an offense of violence, or an attempt to	908
commit any of these offenses if the attempt is a felony of the	909
first or second degree;	910

(b) An offense under an existing or former law of this state,	911
another state, or the United States that is or was substantially	912
equivalent to an offense described in division (CC)(1)(a) of this	913
section.	914

(2) The person previously was convicted of or pleaded guilty	915
to an offense described in division (CC)(1)(a) or (b) of this	916
section.	917

(DD) "Sanction" means any penalty imposed upon an offender	918
who is convicted of or pleads guilty to an offense, as punishment	919
for the offense. "Sanction" includes any sanction imposed	920
pursuant to any provision of sections 2929.14 to 2929.18 or	921
2929.24 to 2929.28 of the Revised Code.	922

(EE) "Sentence" means the sanction or combination of	923
sanctions imposed by the sentencing court on an offender who is	924
convicted of or pleads guilty to an offense.	925

(FF) "Stated prison term" means the prison term, mandatory	926
prison term, or combination of all prison terms and mandatory	927
prison terms imposed by the sentencing court pursuant to section	928
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	929
2919.25 of the Revised Code. "Stated prison term" includes any	930
credit received by the offender for time spent in jail awaiting	931
trial, sentencing, or transfer to prison for the offense and any	932
time spent under house arrest or house arrest with electronic	933
monitoring imposed after earning credits pursuant to section	934
2967.193 of the Revised Code.	935

(GG) "Victim-offender mediation" means a reconciliation or	936
mediation program that involves an offender and the victim of the	937
offense committed by the offender and that includes a meeting in	938
which the offender and the victim may discuss the offense,	939
discuss restitution, and consider other sanctions for the offense.	940

(HH) "Fourth degree felony OVI offense" means a violation of	941
division (A) of section 4511.19 of the Revised Code that, under	942
division (G) of that section, is a felony of the fourth degree.	943

(II) "Mandatory term of local incarceration" means the term	944
of sixty or one hundred twenty days in a jail, a community-based	945
correctional facility, a halfway house, or an alternative	946
residential facility that a sentencing court may impose upon a	947
person who is convicted of or pleads guilty to a fourth degree	948
felony OVI offense pursuant to division (G)(1) of section 2929.13	949
of the Revised Code and division (G)(1)(d) or (e) of section	950
4511.19 of the Revised Code.	951

(JJ) "Designated homicide, assault, or kidnapping offense,"	952
"violent sex offense," "sexual motivation specification,"	953
"sexually violent offense," "sexually violent predator," and	954
"sexually violent predator specification" have the same meanings	955
as in section 2971.01 of the Revised Code.	956

(KK) "Sexually oriented offense," "child-victim oriented	957
offense," and "tier III sex offender/child-victim offender," have	958
the same meanings as in section 2950.01 of the Revised Code.	959

(LL) An offense is "committed in the vicinity of a child" if	960
the offender commits the offense within thirty feet of or within	961
the same residential unit as a child who is under eighteen years	962
of age, regardless of whether the offender knows the age of the	963
child or whether the offender knows the offense is being	964
committed within thirty feet of or within the same residential	965
unit as the child and regardless of whether the child actually	966
views the commission of the offense.	967

(MM) "Family or household member" has the same meaning as in	968
section 2919.25 of the Revised Code.	969

(NN) "Motor vehicle" and "manufactured home" have the same	970
meanings as in section 4501.01 of the Revised Code.	971

(OO) "Detention" and "detention facility" have the same	972
meanings as in section 2921.01 of the Revised Code.	973

(PP) "Third degree felony OVI offense" means a violation of	974
division (A) of section 4511.19 of the Revised Code that, under	975
division (G) of that section, is a felony of the third degree.	976

(QQ) "Random drug testing" has the same meaning as in section	977
5120.63 of the Revised Code.	978

(RR) "Felony sex offense" has the same meaning as in section	979
2967.28 of the Revised Code.	980

(SS) "Body armor" has the same meaning as in section	981
2941.1411 of the Revised Code.	982

(TT) "Electronic monitoring" means monitoring through the use	983
of an electronic monitoring device.	984

(UU) "Electronic monitoring device" means any of the	985
following:	986

(1) Any device that can be operated by electrical or battery	987
power and that conforms with all of the following:	988

(a) The device has a transmitter that can be attached to a	989
person, that will transmit a specified signal to a receiver of the	990
type described in division (UU)(1)(b) of this section if the	991
transmitter is removed from the person, turned off, or altered in	992
any manner without prior court approval in relation to electronic	993
monitoring or without prior approval of the department of	994
rehabilitation and correction in relation to the use of an	995
electronic monitoring device for an inmate on transitional control	996
or otherwise is tampered with, that can transmit continuously and	997
periodically a signal to that receiver when the person is within a	998
specified distance from the receiver, and that can transmit an	999
appropriate signal to that receiver if the person to whom it is	1000
attached travels a specified distance from that receiver.	1001

(b) The device has a receiver that can receive continuously	1002
the signals transmitted by a transmitter of the type described in	1003
division (UU)(1)(a) of this section, can transmit continuously	1004
those signals by telephone to a central monitoring computer of the	1005
type described in division (UU)(1)(c) of this section, and can	1006
transmit continuously an appropriate signal to that central	1007
monitoring computer if the receiver is turned off or altered	1008
without prior court approval or otherwise tampered with.	1009

(c) The device has a central monitoring computer that can	1010
receive continuously the signals transmitted by telephone by a	1011
receiver of the type described in division (UU)(1)(b) of this	1012
section and can monitor continuously the person to whom an	1013
electronic monitoring device of the type described in division	1014
(UU)(1)(a) of this section is attached.	1015

(2) Any device that is not a device of the type described in	1016
division (UU)(1) of this section and that conforms with all of	1017
the following:	1018

(a) The device includes a transmitter and receiver that can	1019
monitor and determine the location of a subject person at any	1020
time, or at a designated point in time, through the use of a	1021
central monitoring computer or through other electronic means.	1022

(b) The device includes a transmitter and receiver that can	1023
determine at any time, or at a designated point in time, through	1024
the use of a central monitoring computer or other electronic means	1025
the fact that the transmitter is turned off or altered in any	1026
manner without prior approval of the court in relation to the	1027
electronic monitoring or without prior approval of the department	1028
of rehabilitation and correction in relation to the use of an	1029
electronic monitoring device for an inmate on transitional control	1030
or otherwise is tampered with.	1031

(3) Any type of technology that can adequately track or	1032
determine the location of a subject person at any time and that is	1033
approved by the director of rehabilitation and correction,	1034
including, but not limited to, any satellite technology, voice	1035
tracking system, or retinal scanning system that is so approved.	1036

(VV) "Non-economic loss" means nonpecuniary harm suffered by	1037
a victim of an offense as a result of or related to the	1038
commission of the offense, including, but not limited to, pain	1039
and suffering; loss of society, consortium, companionship, care,	1040
assistance, attention, protection, advice, guidance, counsel,	1041
instruction, training, or education; mental anguish; and any	1042
other intangible loss.	1043

(WW) "Prosecutor" has the same meaning as in section 2935.01	1044
of the Revised Code.	1045

(XX) "Continuous alcohol monitoring" means the ability to	1046
automatically test and periodically transmit alcohol consumption	1047
levels and tamper attempts at least every hour, regardless of the	1048
location of the person who is being monitored.	1049

(YY) A person is "adjudicated a sexually violent predator"	1050
if the person is convicted of or pleads guilty to a violent sex	1051
offense and also is convicted of or pleads guilty to a sexually	1052
violent predator specification that was included in the	1053
indictment, count in the indictment, or information charging that	1054
violent sex offense or if the person is convicted of or pleads	1055
guilty to a designated homicide, assault, or kidnapping offense	1056
and also is convicted of or pleads guilty to both a sexual	1057
motivation specification and a sexually violent predator	1058
specification that were included in the indictment, count in the	1059
indictment, or information charging that designated homicide,	1060
assault, or kidnapping offense.	1061

(ZZ) An offense is "committed in proximity to a school" if	1062
the offender commits the offense in a school safety zone or	1063
within five hundred feet of any school building or the boundaries	1064
of any school premises, regardless of whether the offender knows	1065
the offense is being committed in a school safety zone or within	1066
five hundred feet of any school building or the boundaries of any	1067
school premises.	1068

(AAA) "Human trafficking" means a scheme or plan to which all	1069
of the following apply:	1070

(1) Its object is to compel a victim or victims to engage in	1071
sexual activity for hire, to engage in a performance that is	1072
obscene, sexually oriented, or nudity oriented, or to be a model	1073
or participant in the production of material that is obscene,	1074
sexually oriented, or nudity oriented.	1075

(2) It involves at least two felony offenses, whether or not	1076
there has been a prior conviction for any of the felony offenses,	1077
to which all of the following apply:	1078

(a) Each of the felony offenses is a violation of section	1079
2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or	1080
(2) of section 2907.323, or division (B)(1), (2), (3), (4), or (5)	1081
of section 2919.22 of the Revised Code or is a violation of a law	1082
of any state other than this state that is substantially similar	1083
to any of the sections or divisions of the Revised Code identified	1084
in this division.	1085

(b) At least one of the felony offenses was committed in this	1086
state.	1087

(c) The felony offenses are related to the same scheme or	1088
plan, are not isolated instances, and are not so closely related	1089
to each other and connected in time and place that they constitute	1090
a single event or transaction.	1091

(BBB) "Material," "nudity," "obscene," "performance," and	1092
"sexual activity" have the same meanings as in section 2907.01 of	1093
the Revised Code.	1094

(CCC) "Material that is obscene, sexually oriented, or nudity	1095
oriented" means any material that is obscene, that shows a person	1096
participating or engaging in sexual activity, masturbation, or	1097
bestiality, or that shows a person in a state of nudity.	1098

(DDD) "Performance that is obscene, sexually oriented, or	1099
nudity oriented" means any performance that is obscene, that shows	1100
a person participating or engaging in sexual activity,	1101
masturbation, or bestiality, or that shows a person in a state of	1102
nudity.	1103

Sec. 2935.03.  (A)(1) A sheriff, deputy sheriff, marshal,	1104
deputy marshal, municipal police officer, township constable,	1105
police officer of a township or joint township police district,	1106
member of a police force employed by a metropolitan housing	1107
authority under division (D) of section 3735.31 of the Revised	1108
Code, member of a police force employed by a regional transit	1109
authority under division (Y) of section 306.35 of the Revised	1110
Code, state university law enforcement officer appointed under	1111
section 3345.04 of the Revised Code, veterans' home police officer	1112
appointed under section 5907.02 of the Revised Code, special	1113
police officer employed by a port authority under section 4582.04	1114
or 4582.28 of the Revised Code, or a special police officer	1115
employed by a municipal corporation at a municipal airport, or	1116
other municipal air navigation facility, that has scheduled	1117
operations, as defined in section 119.3 of Title 14 of the Code of	1118
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	1119
required to be under a security program and is governed by	1120
aviation security rules of the transportation security	1121
administration of the United States department of transportation	1122
as provided in Parts 1542. and 1544. of Title 49 of the Code of	1123
Federal Regulations, as amended, shall arrest and detain, until a	1124
warrant can be obtained, a person found violating, within the	1125
limits of the political subdivision, metropolitan housing	1126
authority housing project, regional transit authority facilities	1127
or areas of a municipal corporation that have been agreed to by a	1128
regional transit authority and a municipal corporation located	1129
within its territorial jurisdiction, college, university,	1130
veterans' home operated under Chapter 5907. of the Revised Code,	1131
port authority, or municipal airport or other municipal air	1132
navigation facility, in which the peace officer is appointed,	1133
employed, or elected, a law of this state, an ordinance of a	1134
municipal corporation, or a resolution of a township.	1135

(2) A peace officer of the department of natural resources, a	1136
state fire marshal law enforcement officer described in division	1137
(A)(23) of section 109.71 of the Revised Code, or an individual	1138
designated to perform law enforcement duties under section	1139
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	1140
detain, until a warrant can be obtained, a person found	1141
violating, within the limits of the peace officer's, state fire	1142
marshal law enforcement officer's, or individual's territorial	1143
jurisdiction, a law of this state.	1144

(3) The house sergeant at arms if the house sergeant at arms	1145
has arrest authority pursuant to division (E)(1) of section	1146
101.311 of the Revised Code and an assistant house sergeant at	1147
arms shall arrest and detain, until a warrant can be obtained, a	1148
person found violating, within the limits of the sergeant at	1149
arms's or assistant sergeant at arms's territorial jurisdiction	1150
specified in division (D)(1)(a) of section 101.311 of the Revised	1151
Code or while providing security pursuant to division (D)(1)(f) of	1152
section 101.311 of the Revised Code, a law of this state, an	1153
ordinance of a municipal corporation, or a resolution of a	1154
township.	1155

(B)(1) When there is reasonable ground to believe that an	1156
offense of violence, the offense of criminal child enticement as	1157
defined in section 2905.05 of the Revised Code, the offense of	1158
public indecency as defined in section 2907.09 of the Revised	1159
Code, the offense of domestic violence as defined in section	1160
2919.25 of the Revised Code, the offense of violating a protection	1161
order as defined in section 2919.27 of the Revised Code, the	1162
offense of menacing by stalking as defined in section 2903.211 of	1163
the Revised Code, the offense of aggravated trespass as defined in	1164
section 2911.211 of the Revised Code, a theft offense as defined	1165
in section 2913.01 of the Revised Code, the offense of street	1166
racing as defined in section 4511.251 of the Revised Code or a	1167
substantially equivalent municipal ordinance, or a felony drug	1168
abuse offense as defined in section 2925.01 of the Revised Code,	1169
has been committed within the limits of the political subdivision,	1170
metropolitan housing authority housing project, regional transit	1171
authority facilities or those areas of a municipal corporation	1172
that have been agreed to by a regional transit authority and a	1173
municipal corporation located within its territorial jurisdiction,	1174
college, university, veterans' home operated under Chapter 5907.	1175
of the Revised Code, port authority, or municipal airport or other	1176
municipal air navigation facility, in which the peace officer is	1177
appointed, employed, or elected or within the limits of the	1178
territorial jurisdiction of the peace officer, a peace officer	1179
described in division (A) of this section may arrest and detain	1180
until a warrant can be obtained any person who the peace officer	1181
has reasonable cause to believe is guilty of the violation.	1182

(2) For purposes of division (B)(1) of this section, the	1183
execution of any of the following constitutes reasonable ground to	1184
believe that the offense alleged in the statement was committed	1185
and reasonable cause to believe that the person alleged in the	1186
statement to have committed the offense is guilty of the	1187
violation:	1188

(a) A written statement by a person alleging that an alleged	1189
offender has committed the offense of menacing by stalking or	1190
aggravated trespass;	1191

(b) A written statement by the administrator of the	1192
interstate compact on mental health appointed under section	1193
5119.51 of the Revised Code alleging that a person who had been	1194
hospitalized, institutionalized, or confined in any facility under	1195
an order made pursuant to or under authority of section 2945.37,	1196
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	1197
Revised Code has escaped from the facility, from confinement in a	1198
vehicle for transportation to or from the facility, or from	1199
supervision by an employee of the facility that is incidental to	1200
hospitalization, institutionalization, or confinement in the	1201
facility and that occurs outside of the facility, in violation of	1202
section 2921.34 of the Revised Code;	1203

(c) A written statement by the administrator of any facility	1204
in which a person has been hospitalized, institutionalized, or	1205
confined under an order made pursuant to or under authority of	1206
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1207
2945.402 of the Revised Code alleging that the person has escaped	1208
from the facility, from confinement in a vehicle for	1209
transportation to or from the facility, or from supervision by an	1210
employee of the facility that is incidental to hospitalization,	1211
institutionalization, or confinement in the facility and that	1212
occurs outside of the facility, in violation of section 2921.34 of	1213
the Revised Code.	1214

(3)(a) For purposes of division (B)(1) of this section, a	1215
peace officer described in division (A) of this section has	1216
reasonable grounds to believe that the offense of domestic	1217
violence or the offense of violating a protection order has been	1218
committed and reasonable cause to believe that a particular person	1219
is guilty of committing the offense if any of the following	1220
occurs:	1221

(i) A person executes a written statement alleging that the	1222
person in question has committed the offense of domestic violence	1223
or the offense of violating a protection order against the person	1224
who executes the statement or against a child of the person who	1225
executes the statement.	1226

(ii) No written statement of the type described in division	1227
(B)(3)(a)(i) of this section is executed, but the peace officer,	1228
based upon the peace officer's own knowledge and observation of	1229
the facts and circumstances of the alleged incident of the offense	1230
of domestic violence or the alleged incident of the offense of	1231
violating a protection order or based upon any other information,	1232
including, but not limited to, any reasonably trustworthy	1233
information given to the peace officer by the alleged victim of	1234
the alleged incident of the offense or any witness of the alleged	1235
incident of the offense, concludes that there are reasonable	1236
grounds to believe that the offense of domestic violence or the	1237
offense of violating a protection order has been committed and	1238
reasonable cause to believe that the person in question is guilty	1239
of committing the offense.	1240

(iii) No written statement of the type described in division	1241
(B)(3)(a)(i) of this section is executed, but the peace officer	1242
witnessed the person in question commit the offense of domestic	1243
violence or the offense of violating a protection order.	1244

(b) If pursuant to division (B)(3)(a) of this section a peace	1245
officer has reasonable grounds to believe that the offense of	1246
domestic violence or the offense of violating a protection order	1247
has been committed and reasonable cause to believe that a	1248
particular person is guilty of committing the offense, it is the	1249
preferred course of action in this state that the officer arrest	1250
and detain that person pursuant to division (B)(1) of this section	1251
until a warrant can be obtained.	1252

If pursuant to division (B)(3)(a) of this section a peace	1253
officer has reasonable grounds to believe that the offense of	1254
domestic violence or the offense of violating a protection order	1255
has been committed and reasonable cause to believe that family or	1256
household members have committed the offense against each other,	1257
it is the preferred course of action in this state that the	1258
officer, pursuant to division (B)(1) of this section, arrest and	1259
detain until a warrant can be obtained the family or household	1260
member who committed the offense and whom the officer has	1261
reasonable cause to believe is the primary physical aggressor.	1262
There is no preferred course of action in this state regarding any	1263
other family or household member who committed the offense and	1264
whom the officer does not have reasonable cause to believe is the	1265
primary physical aggressor, but, pursuant to division (B)(1) of	1266
this section, the peace officer may arrest and detain until a	1267
warrant can be obtained any other family or household member who	1268
committed the offense and whom the officer does not have	1269
reasonable cause to believe is the primary physical aggressor.	1270

(c) If a peace officer described in division (A) of this	1271
section does not arrest and detain a person whom the officer has	1272
reasonable cause to believe committed the offense of domestic	1273
violence or the offense of violating a protection order when it is	1274
the preferred course of action in this state pursuant to division	1275
(B)(3)(b) of this section that the officer arrest that person, the	1276
officer shall articulate in the written report of the incident	1277
required by section 2935.032 of the Revised Code a clear statement	1278
of the officer's reasons for not arresting and detaining that	1279
person until a warrant can be obtained.	1280

(d) In determining for purposes of division (B)(3)(b) of this	1281
section which family or household member is the primary physical	1282
aggressor in a situation in which family or household members have	1283
committed the offense of domestic violence or the offense of	1284
violating a protection order against each other, a peace officer	1285
described in division (A) of this section, in addition to any	1286
other relevant circumstances, should consider all of the	1287
following:	1288

(i) Any history of domestic violence or of any other violent	1289
acts by either person involved in the alleged offense that the	1290
officer reasonably can ascertain;	1291

(ii) If violence is alleged, whether the alleged violence was	1292
caused by a person acting in self-defense;	1293

(iii) Each person's fear of physical harm, if any, resulting	1294
from the other person's threatened use of force against any person	1295
or resulting from the other person's use or history of the use of	1296
force against any person, and the reasonableness of that fear;	1297

(iv) The comparative severity of any injuries suffered by the	1298
persons involved in the alleged offense.	1299

(e)(i) A peace officer described in division (A) of this	1300
section shall not require, as a prerequisite to arresting or	1301
charging a person who has committed the offense of domestic	1302
violence or the offense of violating a protection order, that the	1303
victim of the offense specifically consent to the filing of	1304
charges against the person who has committed the offense or sign a	1305
complaint against the person who has committed the offense.	1306

(ii) If a person is arrested for or charged with committing	1307
the offense of domestic violence or the offense of violating a	1308
protection order and if the victim of the offense does not	1309
cooperate with the involved law enforcement or prosecuting	1310
authorities in the prosecution of the offense or, subsequent to	1311
the arrest or the filing of the charges, informs the involved law	1312
enforcement or prosecuting authorities that the victim does not	1313
wish the prosecution of the offense to continue or wishes to drop	1314
charges against the alleged offender relative to the offense, the	1315
involved prosecuting authorities, in determining whether to	1316
continue with the prosecution of the offense or whether to dismiss	1317
charges against the alleged offender relative to the offense and	1318
notwithstanding the victim's failure to cooperate or the victim's	1319
wishes, shall consider all facts and circumstances that are	1320
relevant to the offense, including, but not limited to, the	1321
statements and observations of the peace officers who responded to	1322
the incident that resulted in the arrest or filing of the charges	1323
and of all witnesses to that incident.	1324

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	1325
this section whether to arrest a person pursuant to division	1326
(B)(1) of this section, a peace officer described in division (A)	1327
of this section shall not consider as a factor any possible	1328
shortage of cell space at the detention facility to which the	1329
person will be taken subsequent to the person's arrest or any	1330
possibility that the person's arrest might cause, contribute to,	1331
or exacerbate overcrowding at that detention facility or at any	1332
other detention facility.	1333

(g) If a peace officer described in division (A) of this	1334
section intends pursuant to divisions (B)(3)(a) to (g) of this	1335
section to arrest a person pursuant to division (B)(1) of this	1336
section and if the officer is unable to do so because the person	1337
is not present, the officer promptly shall seek a warrant for the	1338
arrest of the person.	1339

(h) If a peace officer described in division (A) of this	1340
section responds to a report of an alleged incident of the offense	1341
of domestic violence or an alleged incident of the offense of	1342
violating a protection order and if the circumstances of the	1343
incident involved the use or threatened use of a deadly weapon or	1344
any person involved in the incident brandished a deadly weapon	1345
during or in relation to the incident, the deadly weapon that was	1346
used, threatened to be used, or brandished constitutes contraband,	1347
and, to the extent possible, the officer shall seize the deadly	1348
weapon as contraband pursuant to Chapter 2981. of the Revised	1349
Code. Upon the seizure of a deadly weapon pursuant to division	1350
(B)(3)(h) of this section, section 2981.12 of the Revised Code	1351
shall apply regarding the treatment and disposition of the deadly	1352
weapon. For purposes of that section, the "underlying criminal	1353
offense" that was the basis of the seizure of a deadly weapon	1354
under division (B)(3)(h) of this section and to which the deadly	1355
weapon had a relationship is any of the following that is	1356
applicable:	1357

(i) The alleged incident of the offense of domestic violence	1358
or the alleged incident of the offense of violating a protection	1359
order to which the officer who seized the deadly weapon responded;	1360

(ii) Any offense that arose out of the same facts and	1361
circumstances as the report of the alleged incident of the offense	1362
of domestic violence or the alleged incident of the offense of	1363
violating a protection order to which the officer who seized the	1364
deadly weapon responded.	1365

(4) If, in the circumstances described in divisions (B)(3)(a)	1366
to (g) of this section, a peace officer described in division (A)	1367
of this section arrests and detains a person pursuant to division	1368
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	1369
this section, a peace officer described in division (A) of this	1370
section seizes a deadly weapon, the officer, to the extent	1371
described in and in accordance with section 9.86 or 2744.03 of the	1372
Revised Code, is immune in any civil action for damages for	1373
injury, death, or loss to person or property that arises from or	1374
is related to the arrest and detention or the seizure.	1375

(C) When there is reasonable ground to believe that a	1376
violation of division (A)(1), (2), (3), (4), or (5) of section	1377
4506.15 or a violation of section 4511.19 of the Revised Code has	1378
been committed by a person operating a motor vehicle subject to	1379
regulation by the public utilities commission of Ohio under Title	1380
XLIX of the Revised Code, a peace officer with authority to	1381
enforce that provision of law may stop or detain the person whom	1382
the officer has reasonable cause to believe was operating the	1383
motor vehicle in violation of the division or section and, after	1384
investigating the circumstances surrounding the operation of the	1385
vehicle, may arrest and detain the person.	1386

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	1387
municipal police officer, member of a police force employed by a	1388
metropolitan housing authority under division (D) of section	1389
3735.31 of the Revised Code, member of a police force employed by	1390
a regional transit authority under division (Y) of section 306.35	1391
of the Revised Code, special police officer employed by a port	1392
authority under section 4582.04 or 4582.28 of the Revised Code,	1393
special police officer employed by a municipal corporation at a	1394
municipal airport or other municipal air navigation facility	1395
described in division (A) of this section, township constable,	1396
police officer of a township or joint township police district,	1397
state university law enforcement officer appointed under section	1398
3345.04 of the Revised Code, peace officer of the department of	1399
natural resources, individual designated to perform law	1400
enforcement duties under section 511.232, 1545.13, or 6101.75 of	1401
the Revised Code, the house sergeant at arms if the house sergeant	1402
at arms has arrest authority pursuant to division (E)(1) of	1403
section 101.311 of the Revised Code, or an assistant house	1404
sergeant at arms is authorized by division (A) or (B) of this	1405
section to arrest and detain, within the limits of the political	1406
subdivision, metropolitan housing authority housing project,	1407
regional transit authority facilities or those areas of a	1408
municipal corporation that have been agreed to by a regional	1409
transit authority and a municipal corporation located within its	1410
territorial jurisdiction, port authority, municipal airport or	1411
other municipal air navigation facility, college, or university in	1412
which the officer is appointed, employed, or elected or within the	1413
limits of the territorial jurisdiction of the peace officer, a	1414
person until a warrant can be obtained, the peace officer, outside	1415
the limits of that territory, may pursue, arrest, and detain that	1416
person until a warrant can be obtained if all of the following	1417
apply:	1418

(1) The pursuit takes place without unreasonable delay after	1419
the offense is committed;	1420

(2) The pursuit is initiated within the limits of the	1421
political subdivision, metropolitan housing authority housing	1422
project, regional transit authority facilities or those areas of a	1423
municipal corporation that have been agreed to by a regional	1424
transit authority and a municipal corporation located within its	1425
territorial jurisdiction, port authority, municipal airport or	1426
other municipal air navigation facility, college, or university in	1427
which the peace officer is appointed, employed, or elected or	1428
within the limits of the territorial jurisdiction of the peace	1429
officer;	1430

(3) The offense involved is a felony, a misdemeanor of the	1431
first degree or a substantially equivalent municipal ordinance, a	1432
misdemeanor of the second degree or a substantially equivalent	1433
municipal ordinance, or any offense for which points are	1434
chargeable pursuant to section 4510.036 of the Revised Code.	1435

(E) In addition to the authority granted under division (A)	1436
or (B) of this section:	1437

(1) A sheriff or deputy sheriff may arrest and detain, until	1438
a warrant can be obtained, any person found violating section	1439
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	1440
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	1441
portion of any street or highway that is located immediately	1442
adjacent to the boundaries of the county in which the sheriff or	1443
deputy sheriff is elected or appointed.	1444

(2) A member of the police force of a township police	1445
district created under section 505.48 of the Revised Code, a	1446
member of the police force of a joint township police district	1447
created under section 505.481 of the Revised Code, or a township	1448
constable appointed in accordance with section 509.01 of the	1449
Revised Code, who has received a certificate from the Ohio peace	1450
officer training commission under section 109.75 of the Revised	1451
Code, may arrest and detain, until a warrant can be obtained, any	1452
person found violating any section or chapter of the Revised Code	1453
listed in division (E)(1) of this section, other than sections	1454
4513.33 and 4513.34 of the Revised Code, on the portion of any	1455
street or highway that is located immediately adjacent to the	1456
boundaries of the township police district or joint township	1457
police district, in the case of a member of a township police	1458
district or joint township police district police force, or the	1459
unincorporated territory of the township, in the case of a	1460
township constable. However, if the population of the township	1461
that created the township police district served by the member's	1462
police force, or the townships that created the joint township	1463
police district served by the member's police force, or the	1464
township that is served by the township constable, is sixty	1465
thousand or less, the member of the township police district or	1466
joint police district police force or the township constable may	1467
not make an arrest under division (E)(2) of this section on a	1468
state highway that is included as part of the interstate system.	1469

(3) A police officer or village marshal appointed, elected,	1470
or employed by a municipal corporation may arrest and detain,	1471
until a warrant can be obtained, any person found violating any	1472
section or chapter of the Revised Code listed in division (E)(1)	1473
of this section on the portion of any street or highway that is	1474
located immediately adjacent to the boundaries of the municipal	1475
corporation in which the police officer or village marshal is	1476
appointed, elected, or employed.	1477

(4) A peace officer of the department of natural resources, a	1478
state fire marshal law enforcement officer described in division	1479
(A)(23) of section 109.71 of the Revised Code, or an individual	1480
designated to perform law enforcement duties under section	1481
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	1482
detain, until a warrant can be obtained, any person found	1483
violating any section or chapter of the Revised Code listed in	1484
division (E)(1) of this section, other than sections 4513.33 and	1485
4513.34 of the Revised Code, on the portion of any street or	1486
highway that is located immediately adjacent to the boundaries of	1487
the lands and waters that constitute the territorial jurisdiction	1488
of the peace officer or state fire marshal law enforcement	1489
officer.	1490

(F)(1) A department of mental health special police officer	1491
or a department of mental retardation and developmental	1492
disabilities special police officer may arrest without a warrant	1493
and detain until a warrant can be obtained any person found	1494
committing on the premises of any institution under the	1495
jurisdiction of the particular department a misdemeanor under a	1496
law of the state.	1497

A department of mental health special police officer or a	1498
department of mental retardation and developmental disabilities	1499
special police officer may arrest without a warrant and detain	1500
until a warrant can be obtained any person who has been	1501
hospitalized, institutionalized, or confined in an institution	1502
under the jurisdiction of the particular department pursuant to or	1503
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	1504
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	1505
found committing on the premises of any institution under the	1506
jurisdiction of the particular department a violation of section	1507
2921.34 of the Revised Code that involves an escape from the	1508
premises of the institution.	1509

(2)(a) If a department of mental health special police	1510
officer or a department of mental retardation and developmental	1511
disabilities special police officer finds any person who has been	1512
hospitalized, institutionalized, or confined in an institution	1513
under the jurisdiction of the particular department pursuant to or	1514
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	1515
2945.40, 2945.401, or 2945.402 of the Revised Code committing a	1516
violation of section 2921.34 of the Revised Code that involves an	1517
escape from the premises of the institution, or if there is	1518
reasonable ground to believe that a violation of section 2921.34	1519
of the Revised Code has been committed that involves an escape	1520
from the premises of an institution under the jurisdiction of the	1521
department of mental health or the department of mental	1522
retardation and developmental disabilities and if a department of	1523
mental health special police officer or a department of mental	1524
retardation and developmental disabilities special police officer	1525
has reasonable cause to believe that a particular person who has	1526
been hospitalized, institutionalized, or confined in the	1527
institution pursuant to or under authority of section 2945.37,	1528
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	1529
Revised Code is guilty of the violation, the special police	1530
officer, outside of the premises of the institution, may pursue,	1531
arrest, and detain that person for that violation of section	1532
2921.34 of the Revised Code, until a warrant can be obtained, if	1533
both of the following apply:	1534

(i) The pursuit takes place without unreasonable delay after	1535
the offense is committed;	1536

(ii) The pursuit is initiated within the premises of the	1537
institution from which the violation of section 2921.34 of the	1538
Revised Code occurred.	1539

(b) For purposes of division (F)(2)(a) of this section, the	1540
execution of a written statement by the administrator of the	1541
institution in which a person had been hospitalized,	1542
institutionalized, or confined pursuant to or under authority of	1543
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1544
2945.402 of the Revised Code alleging that the person has escaped	1545
from the premises of the institution in violation of section	1546
2921.34 of the Revised Code constitutes reasonable ground to	1547
believe that the violation was committed and reasonable cause to	1548
believe that the person alleged in the statement to have committed	1549
the offense is guilty of the violation.	1550

(G) As used in this section:

1551

(1) A "department of mental health special police officer"	1552
means a special police officer of the department of mental health	1553
designated under section 5119.14 of the Revised Code who is	1554
certified by the Ohio peace officer training commission under	1555
section 109.77 of the Revised Code as having successfully	1556
completed an approved peace officer basic training program.	1557

(2) A "department of mental retardation and developmental	1558
disabilities special police officer" means a special police	1559
officer of the department of mental retardation and developmental	1560
disabilities designated under section 5123.13 of the Revised Code	1561
who is certified by the Ohio peace officer training council under	1562
section 109.77 of the Revised Code as having successfully	1563
completed an approved peace officer basic training program.	1564

(3) "Deadly weapon" has the same meaning as in section	1565
2923.11 of the Revised Code.	1566

(4) "Family or household member" has the same meaning as in	1567
section 2919.25 of the Revised Code.	1568

(5) "Street" or "highway" has the same meaning as in section	1569
4511.01 of the Revised Code.	1570

(6) "Interstate system" has the same meaning as in section	1571
5516.01 of the Revised Code.	1572

(7) "Peace officer of the department of natural resources"	1573
means an employee of the department of natural resources who is a	1574
natural resources law enforcement staff officer designated	1575
pursuant to section 1501.013 of the Revised Code, a forest officer	1576
designated pursuant to section 1503.29 of the Revised Code, a	1577
preserve officer designated pursuant to section 1517.10 of the	1578
Revised Code, a wildlife officer designated pursuant to section	1579
1531.13 of the Revised Code, a park officer designated pursuant to	1580
section 1541.10 of the Revised Code, or a state watercraft officer	1581
designated pursuant to section 1547.521 of the Revised Code.	1582

(8) "Portion of any street or highway" means all lanes of the	1583
street or highway irrespective of direction of travel, including	1584
designated turn lanes, and any berm, median, or shoulder.	1585

Sec. 4503.234.  (A) If a court orders the criminal forfeiture	1586
of a vehicle pursuant to section 2903.06, 4503.233, 4503.236,	1587
4510.11, 4510.14, 4510.16, 4510.161, 4510.41, 4511.19, 4511.193,	1588
or 4511.203, or 4511.251 of the Revised Code, the order shall be	1589
issued and enforced in accordance with this division, subject to	1590
division (B) of this section. An order of criminal forfeiture	1591
issued under this division shall authorize an appropriate law	1592
enforcement agency to seize the vehicle ordered criminally	1593
forfeited upon the terms and conditions that the court determines	1594
proper. No vehicle ordered criminally forfeited pursuant to this	1595
division shall be considered contraband for purposes of Chapter	1596
2981. of the Revised Code, but the law enforcement agency that	1597
employs the officer who seized it shall hold the vehicle for	1598
disposal in accordance with this section. A forfeiture order may	1599
be issued only after the offender has been provided with an	1600
opportunity to be heard. The prosecuting attorney shall give the	1601
offender written notice of the possibility of forfeiture by	1602
sending a copy of the relevant uniform traffic ticket or other	1603
written notice to the offender not less than seven days prior to	1604
the date of issuance of the forfeiture order. A vehicle is subject	1605
to an order of criminal forfeiture pursuant to this division upon	1606
the conviction of the offender of or plea of guilty by the	1607
offender to a violation of section 2903.06, division (A) of	1608
section 4503.236, section 4510.11, 4510.14, 4510.16, or 4511.203,	1609
or 4511.251, or division (A) of section 4511.19 of the Revised	1610
Code, or a municipal ordinance that is substantially equivalent	1611
to any of those sections or divisions.	1612

(B)(1) Prior to the issuance of an order of criminal	1613
forfeiture pursuant to this section, the law enforcement agency	1614
that employs the law enforcement officer who seized the vehicle	1615
shall conduct or cause to be conducted a search of the appropriate	1616
public records that relate to the vehicle and shall make or cause	1617
to be made reasonably diligent inquiries to identify any	1618
lienholder or any person or entity with an ownership interest in	1619
the vehicle. The court that is to issue the forfeiture order also	1620
shall cause a notice of the potential order relative to the	1621
vehicle and of the expected manner of disposition of the vehicle	1622
after its forfeiture to be sent to any lienholder or person who is	1623
known to the court to have any right, title, or interest in the	1624
vehicle. The court shall give the notice by certified mail, return	1625
receipt requested, or by personal service.	1626

(2) No order of criminal forfeiture shall be issued pursuant	1627
to this section if a lienholder or other person with an ownership	1628
interest in the vehicle establishes to the court, by a	1629
preponderance of the evidence after filing a motion with the	1630
court, that the lienholder or other person neither knew nor should	1631
have known after a reasonable inquiry that the vehicle would be	1632
used or involved, or likely would be used or involved, in the	1633
violation resulting in the issuance of the order of criminal	1634
forfeiture or the violation of the order of immobilization issued	1635
under section 4503.233 of the Revised Code, that the lienholder or	1636
other person did not expressly or impliedly consent to the use or	1637
involvement of the vehicle in that violation, and that the lien or	1638
ownership interest was perfected pursuant to law prior to the	1639
seizure of the vehicle under section 4503.236, 4510.41, 4511.195,	1640
or 4511.203 of the Revised Code. If the lienholder or holder of	1641
the ownership interest satisfies the court that these criteria	1642
have been met, the court shall preserve the lienholder's or other	1643
person's lien or interest, and the court either shall return the	1644
vehicle to the holder, or shall order that the proceeds of any	1645
sale held pursuant to division (C)(2) of this section be paid to	1646
the lienholder or holder of the interest less the costs of	1647
seizure, storage, and maintenance of the vehicle. The court shall	1648
not return a vehicle to a lienholder or a holder of an ownership	1649
interest unless the lienholder or holder submits an affidavit to	1650
the court that states that the lienholder or holder will not	1651
return the vehicle to the person from whom the vehicle was seized	1652
pursuant to the order of criminal forfeiture or to any member of	1653
that person's family and will not otherwise knowingly permit that	1654
person or any member of that person's family to obtain possession	1655
of the vehicle.	1656

(3) No order of criminal forfeiture shall be issued pursuant	1657
to this section if a person with an interest in the vehicle	1658
establishes to the court, by a preponderance of the evidence after	1659
filing a motion with the court, that the person neither knew nor	1660
should have known after a reasonable inquiry that the vehicle had	1661
been used or was involved in the violation resulting in the	1662
issuance of the order of criminal forfeiture or the violation of	1663
the order of immobilization issued under section 4503.233 of the	1664
Revised Code, that the person did not expressly or impliedly	1665
consent to the use or involvement of the vehicle in that	1666
violation, that the interest was perfected in good faith and for	1667
value pursuant to law between the time of the arrest of the	1668
offender and the final disposition of the criminal charge in	1669
question, and that the vehicle was in the possession of the	1670
interest holder at the time of the perfection of the interest. If	1671
the court is satisfied that the interest holder has met these	1672
criteria, the court shall preserve the interest holder's interest,	1673
and the court either shall return the vehicle to the interest	1674
holder or order that the proceeds of any sale held pursuant to	1675
division (C) of this section be paid to the holder of the interest	1676
less the costs of seizure, storage, and maintenance of the	1677
vehicle. The court shall not return a vehicle to an interest	1678
holder unless the holder submits an affidavit to the court stating	1679
that the holder will not return the vehicle to the person from	1680
whom the holder acquired the holder's interest, nor to any member	1681
of that person's family, and the holder will not otherwise	1682
knowingly permit that person or any member of that person's family	1683
to obtain possession of the vehicle.	1684

(C) A vehicle ordered criminally forfeited to the state	1685
pursuant to this section shall be disposed of as follows:	1686

(1) It shall be given to the law enforcement agency that	1687
employs the law enforcement officer who seized the vehicle, if	1688
that agency desires to have it;	1689

(2) If a vehicle is not disposed of pursuant to division	1690
(C)(1) of this section, the vehicle shall be sold, without	1691
appraisal, if the value of the vehicle is two thousand dollars or	1692
more as determined by publications of the national auto dealer's	1693
association, at a public auction to the highest bidder for cash.	1694
Prior to the sale, the prosecuting attorney in the case shall	1695
cause a notice of the proposed sale to be given in accordance with	1696
law. The court shall cause notice of the sale of the vehicle to be	1697
published in a newspaper of general circulation in the county in	1698
which the court is located at least seven days prior to the date	1699
of the sale. The proceeds of a sale under this division or	1700
division (F) of this section shall be applied in the following	1701
order:	1702

(a) First, they shall be applied to the payment of the costs	1703
incurred in connection with the seizure, storage, and maintenance	1704
of, and provision of security for, the vehicle, any proceeding	1705
arising out of the forfeiture, and if any, the sale.	1706

(b) Second, the remaining proceeds after compliance with	1707
division (C)(2)(a) of this section, shall be applied to the	1708
payment of the value of any lien or ownership interest in the	1709
vehicle preserved under division (B) of this section.	1710

(c) Third, the remaining proceeds, after compliance with	1711
divisions (C)(2)(a) and (b) of this section, shall be applied to	1712
the appropriate funds in accordance with divisions (B) and (C) of	1713
section 2981.13 of the Revised Code, provided that the total of	1714
the amount so deposited under this division shall not exceed one	1715
thousand dollars. The remaining proceeds deposited under this	1716
division shall be used only for the purposes authorized by those	1717
divisions and division (D) of that section.	1718

(d) Fourth, the remaining proceeds after compliance with	1719
divisions (C)(2)(a) and (b) of this section and after deposit of a	1720
total amount of one thousand dollars under division (C)(2)(c) of	1721
this section shall be applied so that fifty per cent of those	1722
remaining proceeds is paid into the reparation fund established by	1723
section 2743.191 of the Revised Code, twenty-five per cent is paid	1724
into the drug abuse resistance education programs fund created by	1725
division (F)(2)(e) of section 4511.191 of the Revised Code and	1726
shall be used only for the purposes authorized by division	1727
(F)(2)(e) of that section, and twenty-five per cent is applied to	1728
the appropriate funds in accordance with divisions (B) and (C) of	1729
section 2981.13 of the Revised Code. The proceeds deposited into	1730
any fund described in section 2981.13 of the Revised Code shall be	1731
used only for the purposes authorized by divisions (B)(4)(c), (C),	1732
and (D) of that section.	1733

(D) Except as provided in division (E) of section 4511.203 of	1734
the Revised Code and notwithstanding any other provision of law,	1735
neither the registrar of motor vehicles nor any deputy registrar	1736
shall accept an application for the registration of any motor	1737
vehicle in the name of any person, or register any motor vehicle	1738
in the name of any person, if both of the following apply:	1739

(1) Any vehicle registered in the person's name was	1740
criminally forfeited under this section and section 2903.06,	1741
4503.233, 4503.236, 4510.10, 4510.11, 4510.14, 4510.16, 4510.41,	1742
4511.19, 4511.193, or 4511.203, or 4511.251 of the Revised Code;	1743

(2) Less than five years have expired since the issuance of	1744
the most recent order of criminal forfeiture issued in relation to	1745
a vehicle registered in the person's name.	1746

(E) If a court orders the criminal forfeiture to the state of	1747
a vehicle pursuant to section 2903.06, 4503.233, 4503.236,	1748
4510.10, 4510.11, 4510.14, 4510.16, 4510.161, 4510.41, 4511.19,	1749
4511.193, or 4511.203, or 4511.251 of the Revised Code, the title	1750
to the motor vehicle is assigned or transferred, and division	1751
(B)(2) or (3) of this section applies, in addition to or	1752
independent of any other penalty established by law, the court may	1753
fine the offender the value of the vehicle as determined by	1754
publications of the national auto dealer's association. The	1755
proceeds from any fine imposed under this division shall be	1756
distributed in accordance with division (C)(2) of this section.	1757

(F) As used in this section and divisions (B)(4)(c), (C), and	1758
(D) of section 2981.13 of the Revised Code in relation to proceeds	1759
of the sale of a vehicle under division (C) of this section,	1760
"prosecuting attorney" includes the prosecuting attorney, village	1761
solicitor, city director of law, or similar chief legal officer of	1762
a municipal corporation who prosecutes the case resulting in the	1763
conviction or guilty plea in question.	1764

(G) If the vehicle to be forfeited has an average retail	1765
value of less than two thousand dollars as determined by	1766
publications of the national auto dealer's association, no public	1767
auction is required to be held. In such a case, the court may	1768
direct that the vehicle be disposed of in any manner that it	1769
considers appropriate, including assignment of the certificate of	1770
title to the motor vehicle to a salvage dealer or a scrap metal	1771
processing facility. The court shall not transfer the vehicle to	1772
the person who is the vehicle's immediate previous owner.	1773

If the court assigns the motor vehicle to a salvage dealer or	1774
scrap metal processing facility and the court is in possession of	1775
the certificate of title to the motor vehicle, it shall send the	1776
assigned certificate of title to the motor vehicle to the clerk of	1777
the court of common pleas of the county in which the salvage	1778
dealer or scrap metal processing facility is located. The court	1779
shall mark the face of the certificate of title with the words	1780
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate	1781
of title to the salvage dealer or scrap metal processing facility	1782
for its records.	1783

If the court is not in possession of the certificate of title	1784
to the motor vehicle, the court shall issue an order transferring	1785
ownership of the motor vehicle to a salvage dealer or scrap metal	1786
processing facility, send the order to the clerk of the court of	1787
common pleas of the county in which the salvage dealer or scrap	1788
metal processing facility is located, and send a photocopy of the	1789
order to the salvage dealer or scrap metal processing facility for	1790
its records. The clerk shall make the proper notations or entries	1791
in the clerk's records concerning the disposition of the motor	1792
vehicle.	1793

Sec. 4510.17.  (A) The registrar of motor vehicles shall	1794
impose a class D suspension of the person's driver's license,	1795
commercial driver's license, temporary instruction permit,	1796
probationary license, or nonresident operating privilege for the	1797
period of time specified in division (B)(4) of section 4510.02 of	1798
the Revised Code on any person who is a resident of this state and	1799
is convicted of or pleads guilty to a violation of a statute of	1800
any other state or any federal statute that is substantially	1801
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,	1802
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23,	1803
2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code. Upon	1804
receipt of a report from a court, court clerk, or other official	1805
of any other state or from any federal authority that a resident	1806
of this state was convicted of or pleaded guilty to an offense	1807
described in this division, the registrar shall send a notice by	1808
regular first class mail to the person, at the person's last known	1809
address as shown in the records of the bureau of motor vehicles,	1810
informing the person of the suspension, that the suspension will	1811
take effect twenty-one days from the date of the notice, and that,	1812
if the person wishes to appeal the suspension or denial, the	1813
person must file a notice of appeal within twenty-one days of the	1814
date of the notice requesting a hearing on the matter. If the	1815
person requests a hearing, the registrar shall hold the hearing	1816
not more than forty days after receipt by the registrar of the	1817
notice of appeal. The filing of a notice of appeal does not stay	1818
the operation of the suspension that must be imposed pursuant to	1819
this division. The scope of the hearing shall be limited to	1820
whether the person actually was convicted of or pleaded guilty to	1821
the offense for which the suspension is to be imposed.	1822

The suspension the registrar is required to impose under this	1823
division shall end either on the last day of the class D	1824
suspension period or of the suspension of the person's nonresident	1825
operating privilege imposed by the state or federal court,	1826
whichever is earlier.	1827

The registrar shall subscribe to or otherwise participate in	1828
any information system or register, or enter into reciprocal and	1829
mutual agreements with other states and federal authorities, in	1830
order to facilitate the exchange of information with other states	1831
and the United States government regarding persons who plead	1832
guilty to or are convicted of offenses described in this division	1833
and therefore are subject to the suspension or denial described in	1834
this division.	1835

(B) The registrar shall impose a class D suspension of the	1836
person's driver's license, commercial driver's license, temporary	1837
instruction permit, probationary license, or nonresident operating	1838
privilege for the period of time specified in division (B)(4) of	1839
section 4510.02 of the Revised Code on any person who is a	1840
resident of this state and is convicted of or pleads guilty to a	1841
violation of a statute of any other state or a municipal ordinance	1842
of a municipal corporation located in any other state that is	1843
substantially similar to section 4511.19 of the Revised Code. Upon	1844
receipt of a report from another state made pursuant to section	1845
4510.61 of the Revised Code indicating that a resident of this	1846
state was convicted of or pleaded guilty to an offense described	1847
in this division, the registrar shall send a notice by regular	1848
first class mail to the person, at the person's last known address	1849
as shown in the records of the bureau of motor vehicles, informing	1850
the person of the suspension, that the suspension or denial will	1851
take effect twenty-one days from the date of the notice, and that,	1852
if the person wishes to appeal the suspension, the person must	1853
file a notice of appeal within twenty-one days of the date of the	1854
notice requesting a hearing on the matter. If the person requests	1855
a hearing, the registrar shall hold the hearing not more than	1856
forty days after receipt by the registrar of the notice of appeal.	1857
The filing of a notice of appeal does not stay the operation of	1858
the suspension that must be imposed pursuant to this division. The	1859
scope of the hearing shall be limited to whether the person	1860
actually was convicted of or pleaded guilty to the offense for	1861
which the suspension is to be imposed.	1862

The suspension the registrar is required to impose under this	1863
division shall end either on the last day of the class D	1864
suspension period or of the suspension of the person's nonresident	1865
operating privilege imposed by the state or federal court,	1866
whichever is earlier.	1867

(C) The registrar shall impose a class D suspension of the	1868
child's driver's license, commercial driver's license, temporary	1869
instruction permit, or nonresident operating privilege for the	1870
period of time specified in division (B)(4) of section 4510.02 of	1871
the Revised Code on any child who is a resident of this state and	1872
is convicted of or pleads guilty to a violation of a statute of	1873
any other state or any federal statute that is substantially	1874
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,	1875
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23,	1876
2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code. Upon	1877
receipt of a report from a court, court clerk, or other official	1878
of any other state or from any federal authority that a child who	1879
is a resident of this state was convicted of or pleaded guilty to	1880
an offense described in this division, the registrar shall send a	1881
notice by regular first class mail to the child, at the child's	1882
last known address as shown in the records of the bureau of motor	1883
vehicles, informing the child of the suspension, that the	1884
suspension or denial will take effect twenty-one days from the	1885
date of the notice, and that, if the child wishes to appeal the	1886
suspension, the child must file a notice of appeal within	1887
twenty-one days of the date of the notice requesting a hearing on	1888
the matter. If the child requests a hearing, the registrar shall	1889
hold the hearing not more than forty days after receipt by the	1890
registrar of the notice of appeal. The filing of a notice of	1891
appeal does not stay the operation of the suspension that must be	1892
imposed pursuant to this division. The scope of the hearing shall	1893
be limited to whether the child actually was convicted of or	1894
pleaded guilty to the offense for which the suspension is to be	1895
imposed.	1896

The suspension the registrar is required to impose under this	1897
division shall end either on the last day of the class D	1898
suspension period or of the suspension of the child's nonresident	1899
operating privilege imposed by the state or federal court,	1900
whichever is earlier. If the child is a resident of this state who	1901
is sixteen years of age or older and does not have a current,	1902
valid Ohio driver's or commercial driver's license or permit, the	1903
notice shall inform the child that the child will be denied	1904
issuance of a driver's or commercial driver's license or permit	1905
for six months beginning on the date of the notice. If the child	1906
has not attained the age of sixteen years on the date of the	1907
notice, the notice shall inform the child that the period of	1908
denial of six months shall commence on the date the child attains	1909
the age of sixteen years.	1910

The registrar shall subscribe to or otherwise participate in	1911
any information system or register, or enter into reciprocal and	1912
mutual agreements with other states and federal authorities, in	1913
order to facilitate the exchange of information with other states	1914
and the United States government regarding children who are	1915
residents of this state and plead guilty to or are convicted of	1916
offenses described in this division and therefore are subject to	1917
the suspension or denial described in this division.	1918

(D) The registrar shall impose a class D suspension of the	1919
child's driver's license, commercial driver's license, temporary	1920
instruction permit, probationary license, or nonresident operating	1921
privilege for the period of time specified in division (B)(4) of	1922
section 4510.02 of the Revised Code on any child who is a resident	1923
of this state and is convicted of or pleads guilty to a violation	1924
of a statute of any other state or a municipal ordinance of a	1925
municipal corporation located in any other state that is	1926
substantially similar to section 4511.19 of the Revised Code. Upon	1927
receipt of a report from another state made pursuant to section	1928
4510.61 of the Revised Code indicating that a child who is a	1929
resident of this state was convicted of or pleaded guilty to an	1930
offense described in this division, the registrar shall send a	1931
notice by regular first class mail to the child, at the child's	1932
last known address as shown in the records of the bureau of motor	1933
vehicles, informing the child of the suspension, that the	1934
suspension will take effect twenty-one days from the date of the	1935
notice, and that, if the child wishes to appeal the suspension,	1936
the child must file a notice of appeal within twenty-one days of	1937
the date of the notice requesting a hearing on the matter. If the	1938
child requests a hearing, the registrar shall hold the hearing not	1939
more than forty days after receipt by the registrar of the notice	1940
of appeal. The filing of a notice of appeal does not stay the	1941
operation of the suspension that must be imposed pursuant to this	1942
division. The scope of the hearing shall be limited to whether the	1943
child actually was convicted of or pleaded guilty to the offense	1944
for which the suspension is to be imposed.	1945

The suspension the registrar is required to impose under this	1946
division shall end either on the last day of the class D	1947
suspension period or of the suspension of the child's nonresident	1948
operating privilege imposed by the state or federal court,	1949
whichever is earlier. If the child is a resident of this state who	1950
is sixteen years of age or older and does not have a current,	1951
valid Ohio driver's or commercial driver's license or permit, the	1952
notice shall inform the child that the child will be denied	1953
issuance of a driver's or commercial driver's license or permit	1954
for six months beginning on the date of the notice. If the child	1955
has not attained the age of sixteen years on the date of the	1956
notice, the notice shall inform the child that the period of	1957
denial of six months shall commence on the date the child attains	1958
the age of sixteen years.	1959

(E) Any person whose license or permit has been suspended	1960
pursuant to this section may file a petition in the municipal or	1961
county court, or in case the person is under eighteen years of	1962
age, the juvenile court, in whose jurisdiction the person resides,	1963
agreeing to pay the cost of the proceedings and alleging that the	1964
suspension would seriously affect the person's ability to continue	1965
the person's employment. Upon satisfactory proof that there is	1966
reasonable cause to believe that the suspension would seriously	1967
affect the person's ability to continue the person's employment,	1968
the judge may grant the person limited driving privileges during	1969
the period during which the suspension otherwise would be imposed,	1970
except that the judge shall not grant limited driving privileges	1971
for employment as a driver of a commercial motor vehicle to any	1972
person who would be disqualified from operating a commercial motor	1973
vehicle under section 4506.16 of the Revised Code if the violation	1974
had occurred in this state, or during any of the following periods	1975
of time:	1976

(1) The first fifteen days of a suspension under division (B)	1977
or (D) of this section, if the person has not been convicted	1978
within six years of the date of the offense giving rise to the	1979
suspension under this section of a violation of any of the	1980
following:	1981

(a) Section 4511.19 of the Revised Code, or a municipal	1982
ordinance relating to operating a vehicle while under the	1983
influence of alcohol, a drug of abuse, or alcohol and a drug of	1984
abuse;	1985

(b) A municipal ordinance relating to operating a motor	1986
vehicle with a prohibited concentration of alcohol, a controlled	1987
substance, or a metabolite of a controlled substance in the whole	1988
blood, blood serum or plasma, breath, or urine;	1989

(c) Section 2903.04 of the Revised Code in a case in which	1990
the person was subject to the sanctions described in division (D)	1991
of that section;	1992

(d) Division (A)(1) of section 2903.06 or division (A)(1) of	1993
section 2903.08 of the Revised Code or a municipal ordinance that	1994
is substantially similar to either of those divisions;	1995

(e) Division (A)(2), (3), or (4), or (5) of section 2903.06,	1996
division (A)(2) of section 2903.08, or as it existed prior to	1997
March 23, 2000, section 2903.07 of the Revised Code, or a	1998
municipal ordinance that is substantially similar to any of those	1999
divisions or that former section, in a case in which the jury or	2000
judge found that the person was under the influence of alcohol, a	2001
drug of abuse, or alcohol and a drug of abuse.	2002

(2) The first thirty days of a suspension under division (B)	2003
or (D) of this section, if the person has been convicted one time	2004
within six years of the date of the offense giving rise to the	2005
suspension under this section of any violation identified in	2006
division (E)(1) of this section.	2007

(3) The first one hundred eighty days of a suspension under	2008
division (B) or (D) of this section, if the person has been	2009
convicted two times within six years of the date of the offense	2010
giving rise to the suspension under this section of any violation	2011
identified in division (E)(1) of this section.	2012

(4) No limited driving privileges may be granted if the	2013
person has been convicted three or more times within five years of	2014
the date of the offense giving rise to a suspension under division	2015
(B) or (D) of this section of any violation identified in division	2016
(E)(1) of this section.	2017

If a person petitions for limited driving privileges under	2018
division (E) of this section, the registrar shall be represented	2019
by the county prosecutor of the county in which the person resides	2020
if the petition is filed in a juvenile court or county court,	2021
except that if the person resides within a city or village that is	2022
located within the jurisdiction of the county in which the	2023
petition is filed, the city director of law or village solicitor	2024
of that city or village shall represent the registrar. If the	2025
petition is filed in a municipal court, the registrar shall be	2026
represented as provided in section 1901.34 of the Revised Code.	2027

In granting limited driving privileges under division (E) of	2028
this section, the court may impose any condition it considers	2029
reasonable and necessary to limit the use of a vehicle by the	2030
person. The court shall deliver to the person a permit card, in a	2031
form to be prescribed by the court, setting forth the time, place,	2032
and other conditions limiting the person's use of a motor vehicle.	2033
The grant of limited driving privileges shall be conditioned upon	2034
the person's having the permit in the person's possession at all	2035
times during which the person is operating a vehicle.	2036

A person granted limited driving privileges who operates a	2037
vehicle for other than limited purposes, in violation of any	2038
condition imposed by the court or without having the permit in the	2039
person's possession, is guilty of a violation of section 4510.11	2040
of the Revised Code.	2041

(F) As used in divisions (C) and (D) of this section:

2042

(1) "Child" means a person who is under the age of eighteen	2043
years, except that any person who violates a statute or ordinance	2044
described in division (C) or (D) of this section prior to	2045
attaining eighteen years of age shall be deemed a "child"	2046
irrespective of the person's age at the time the complaint or	2047
other equivalent document is filed in the other state or a	2048
hearing, trial, or other proceeding is held in the other state on	2049
the complaint or other equivalent document, and irrespective of	2050
the person's age when the period of license suspension or denial	2051
prescribed in division (C) or (D) of this section is imposed.	2052

(2) "Is convicted of or pleads guilty to" means, as it	2053
relates to a child who is a resident of this state, that in a	2054
proceeding conducted in a state or federal court located in	2055
another state for a violation of a statute or ordinance described	2056
in division (C) or (D) of this section, the result of the	2057
proceeding is any of the following:	2058

(a) Under the laws that govern the proceedings of the court,	2059
the child is adjudicated to be or admits to being a delinquent	2060
child or a juvenile traffic offender for a violation described in	2061
division (C) or (D) of this section that would be a crime if	2062
committed by an adult;	2063

(b) Under the laws that govern the proceedings of the court,	2064
the child is convicted of or pleads guilty to a violation	2065
described in division (C) or (D) of this section;	2066

(c) Under the laws that govern the proceedings of the court,	2067
irrespective of the terminology utilized in those laws, the result	2068
of the court's proceedings is the functional equivalent of	2069
division (F)(2)(a) or (b) of this section.	2070

Sec. 4510.41.  (A) As used in this section:

2071

(1) "Arrested person" means a person who is arrested for a	2072
violation of division (A)(5) of section 2903.06 or of section	2073
4510.14, 4510.16, or 4511.203, or 4511.251 of the Revised Code,	2074
or a municipal ordinance that is substantially equivalent to that	2075
division or any of those sections, and whose arrest results in a	2076
vehicle being seized under division (B) of this section.	2077

(2) "Vehicle owner" means either of the following:

2078

(a) The person in whose name is registered, at the time of	2079
the seizure, a vehicle that is seized under division (B) of this	2080
section;	2081

(b) A person to whom the certificate of title to a vehicle	2082
that is seized under division (B) of this section has been	2083
assigned and who has not obtained a certificate of title to the	2084
vehicle in that person's name, but who is deemed by the court as	2085
being the owner of the vehicle at the time the vehicle was seized	2086
under division (B) of this section.	2087

(3) "Interested party" includes the owner of a vehicle seized	2088
under this section, all lienholders, the arrested person, the	2089
owner of the place of storage at which a vehicle seized under this	2090
section is stored, and the person or entity that caused the	2091
vehicle to be removed.	2092

(B)(1) If a person is arrested for a violation of division	2093
(A)(5) of section 2903.06 or of section 4510.14 or, 4511.203, or	2094
4511.251 of the Revised Code or a municipal ordinance that is	2095
substantially equivalent to eitherthat division or any of those	2096
sections or if a person is arrested for a violation of section	2097
4510.16 of the Revised Code or a municipal ordinance that is	2098
substantially equivalent to that section and if division (B)(3)	2099
of section 4510.16 or division (B)(2) of section 4510.161 of the	2100
Revised Code applies, the arresting officer or another officer of	2101
the law enforcement agency that employs the arresting officer, in	2102
addition to any action that the arresting officer is required or	2103
authorized to take by any other provision of law, shall seize the	2104
vehicle that the person was operating at the time of, or that was	2105
involved in, the alleged offense if the vehicle is registered in	2106
the arrested person's name and its license plates. A law	2107
enforcement agency that employs a law enforcement officer who	2108
makes an arrest of a type that is described in this division and	2109
that involves a rented or leased vehicle that is being rented or	2110
leased for a period of thirty days or less shall notify, within	2111
twenty-four hours after the officer makes the arrest, the lessor	2112
or owner of the vehicle regarding the circumstances of the arrest	2113
and the location at which the vehicle may be picked up. At the	2114
time of the seizure of the vehicle, the law enforcement officer	2115
who made the arrest shall give the arrested person written notice	2116
that the vehicle and its license plates have been seized; that the	2117
vehicle either will be kept by the officer's law enforcement	2118
agency or will be immobilized at least until the person's initial	2119
appearance on the charge of the offense for which the arrest was	2120
made; that, at the initial appearance, the court in certain	2121
circumstances may order that the vehicle and license plates be	2122
released to the arrested person until the disposition of that	2123
charge; that, if the arrested person is convicted of that charge,	2124
the court generally must order the immobilization of the vehicle	2125
and the impoundment of its license plates or the forfeiture of the	2126
vehicle; and that the arrested person may be charged expenses or	2127
charges incurred under this section and section 4503.233 of the	2128
Revised Code for the removal and storage of the vehicle.	2129

(2) The arresting officer or a law enforcement officer of the	2130
agency that employs the arresting officer shall give written	2131
notice of the seizure under division (B)(1) of this section to the	2132
court that will conduct the initial appearance of the arrested	2133
person on the charges arising out of the arrest. Upon receipt of	2134
the notice, the court promptly shall determine whether the	2135
arrested person is the vehicle owner. If the court determines that	2136
the arrested person is not the vehicle owner, it promptly shall	2137
send by regular mail written notice of the seizure to the	2138
vehicle's registered owner. The written notice shall contain all	2139
of the information required by division (B)(1) of this section to	2140
be in a notice to be given to the arrested person and also shall	2141
specify the date, time, and place of the arrested person's initial	2142
appearance. The notice also shall inform the vehicle owner that if	2143
title to a motor vehicle that is subject to an order for criminal	2144
forfeiture under this section is assigned or transferred and	2145
division (B)(2) or (3) of section 4503.234 of the Revised Code	2146
applies, the court may fine the arrested person the value of the	2147
vehicle. The notice also shall state that if the vehicle is	2148
immobilized under division (A) of section 4503.233 of the Revised	2149
Code, seven days after the end of the period of immobilization a	2150
law enforcement agency will send the vehicle owner a notice,	2151
informing the owner that if the release of the vehicle is not	2152
obtained in accordance with division (D)(3) of section 4503.233 of	2153
the Revised Code, the vehicle shall be forfeited. The notice also	2154
shall inform the vehicle owner that the owner may be charged	2155
expenses or charges incurred under this section and section	2156
4503.233 of the Revised Code for the removal and storage of the	2157
vehicle.	2158

The written notice that is given to the arrested person also	2159
shall state that if the person is convicted of or pleads guilty to	2160
the offense and the court issues an immobilization and impoundment	2161
order relative to that vehicle, division (D)(4) of section	2162
4503.233 of the Revised Code prohibits the vehicle from being sold	2163
during the period of immobilization without the prior approval of	2164
the court.	2165

(3) At or before the initial appearance, the vehicle owner	2166
may file a motion requesting the court to order that the vehicle	2167
and its license plates be released to the vehicle owner. Except as	2168
provided in this division and subject to the payment of expenses	2169
or charges incurred in the removal and storage of the vehicle, the	2170
court, in its discretion, then may issue an order releasing the	2171
vehicle and its license plates to the vehicle owner. Such an order	2172
may be conditioned upon such terms as the court determines	2173
appropriate, including the posting of a bond in an amount	2174
determined by the court. If the arrested person is not the vehicle	2175
owner and if the vehicle owner is not present at the arrested	2176
person's initial appearance, and if the court believes that the	2177
vehicle owner was not provided with adequate notice of the initial	2178
appearance, the court, in its discretion, may allow the vehicle	2179
owner to file a motion within seven days of the initial	2180
appearance. If the court allows the vehicle owner to file such a	2181
motion after the initial appearance, the extension of time granted	2182
by the court does not extend the time within which the initial	2183
appearance is to be conducted. If the court issues an order for	2184
the release of the vehicle and its license plates, a copy of the	2185
order shall be made available to the vehicle owner. If the vehicle	2186
owner presents a copy of the order to the law enforcement agency	2187
that employs the law enforcement officer who arrested the arrested	2188
person, the law enforcement agency promptly shall release the	2189
vehicle and its license plates to the vehicle owner upon payment	2190
by the vehicle owner of any expenses or charges incurred in the	2191
removal or storage of the vehicle.	2192

(4) A vehicle seized under division (B)(1) of this section	2193
either shall be towed to a place specified by the law enforcement	2194
agency that employs the arresting officer to be safely kept by the	2195
agency at that place for the time and in the manner specified in	2196
this section or shall be otherwise immobilized for the time and in	2197
the manner specified in this section. A law enforcement officer of	2198
that agency shall remove the identification license plates of the	2199
vehicle, and they shall be safely kept by the agency for the time	2200
and in the manner specified in this section. No vehicle that is	2201
seized and either towed or immobilized pursuant to this division	2202
shall be considered contraband for purposes of Chapter 2981. of	2203
the Revised Code. The vehicle shall not be immobilized at any	2204
place other than a commercially operated private storage lot, a	2205
place owned by a law enforcement or other government agency, or a	2206
place to which one of the following applies:	2207

(a) The place is leased by or otherwise under the control of	2208
a law enforcement or other government agency.	2209

(b) The place is owned by the arrested person, the arrested	2210
person's spouse, or a parent or child of the arrested person.	2211

(c) The place is owned by a private person or entity, and,	2212
prior to the immobilization, the private entity or person that	2213
owns the place, or the authorized agent of that private entity or	2214
person, has given express written consent for the immobilization	2215
to be carried out at that place.	2216

(d) The place is a public street or highway on which the	2217
vehicle is parked in accordance with the law.	2218

(C)(1) A vehicle seized under division (B)(1) of this section	2219
shall be safely kept at the place to which it is towed or	2220
otherwise moved by the law enforcement agency that employs the	2221
arresting officer until the initial appearance of the arrested	2222
person relative to the charge in question. The license plates of	2223
the vehicle that are removed pursuant to division (B)(1) of this	2224
section shall be safely kept by the law enforcement agency that	2225
employs the arresting officer until at least the initial	2226
appearance of the arrested person relative to the charge in	2227
question.	2228

(2)(a) At the initial appearance or not less than seven days	2229
prior to the date of final disposition, the court shall notify the	2230
arrested person that, if title to a motor vehicle that is subject	2231
to an order for criminal forfeiture under this section is assigned	2232
or transferred and division (B)(2) or (3) of section 4503.234 of	2233
the Revised Code applies, the court may fine the arrested person	2234
the value of the vehicle. If, at the initial appearance, the	2235
arrested person pleads guilty to the violation of division (A)(5)	2236
of section 2903.06 or of section 4510.14, 4510.16, or 4511.203,	2237
or 4511.251 of the Revised Code, or a municipal ordinance that is	2238
substantially equivalent to that division or any of those sections	2239
or pleads no contest to and is convicted of the violation, the	2240
following sentencing provisions apply:	2241

(i) If the person violated section 4510.14 or 4511.203 of the	2242
Revised Code or a municipal ordinance that is substantially	2243
equivalent to either of those sections, or violated section	2244
4510.16 of the Revised Code or a municipal ordinance that is	2245
substantially equivalent to that section and division (B)(3) of	2246
section 4510.16 or division (B)(2) of section 4510.161 of the	2247
Revised Code applies, the court shall impose sentence upon the	2248
person as provided by law or ordinance; the court shall order the	2249
immobilization of the vehicle the arrested person was operating at	2250
the time of, or that was involved in, the offense if registered in	2251
the arrested person's name and the impoundment of its license	2252
plates under section 4503.233 and section 4510.14, 4510.16,	2253
4510.161, or 4511.203 of the Revised Code or the criminal	2254
forfeiture to the state of the vehicle if registered in the	2255
arrested person's name under section 4503.234 and section 2903.06,	2256
4510.14, 4510.16, 4510.161, or 4511.203, or 4511.251 of the	2257
Revised Code, whichever is applicable; and the vehicle and its	2258
license plates shall not be returned or released to the arrested	2259
person.	2260

(ii) If the person violated section 4510.16 of the Revised	2261
Code or a municipal ordinance that is substantially equivalent to	2262
that section and division (B)(2) of section 4510.16 or division	2263
(B)(1) of section 4510.161 applies, the court shall impose	2264
sentence upon the person as provided by law or ordinance and may	2265
order the immobilization of the vehicle the person was operating	2266
at the time of, or that was involved in, the offense if it is	2267
registered in the arrested person's name and the impoundment of	2268
its license plates under section 4503.233 and section 4510.16 or	2269
4510.161 of the Revised Code, and the vehicle and its license	2270
plates shall not be returned or released to the arrested person.	2271

(b) If, at any time, the charge that the arrested person	2272
violated section 2903.06, 4510.14, 4510.16, or 4511.203, or	2273
4511.251 of the Revised Code, or a municipal ordinance that is	2274
substantially equivalent to any of those sections is dismissed for	2275
any reason, the court shall order that the vehicle seized at the	2276
time of the arrest and its license plates immediately be released	2277
to the person.	2278

(D) If a vehicle and its license plates are seized under	2279
division (B)(1) of this section and are not returned or released	2280
to the arrested person pursuant to division (C) of this section,	2281
the vehicle and its license plates shall be retained until the	2282
final disposition of the charge in question. Upon the final	2283
disposition of that charge, the court shall do whichever of the	2284
following is applicable:	2285

(1) If the arrested person is convicted of or pleads guilty	2286
to the violation of section 4510.14 or 4511.203 of the Revised	2287
Code, or a municipal ordinance that is substantially equivalent to	2288
either of those sections, or to the violation of section 4510.16	2289
of the Revised Code or a municipal ordinance that is substantially	2290
equivalent to that section and division (B)(3) of section 4510.16	2291
or division (B)(2) of section 4510.161 of the Revised Code	2292
applies, the court shall impose sentence upon the person as	2293
provided by law or ordinance and shall order the immobilization of	2294
the vehicle the person was operating at the time of, or that was	2295
involved in, the offense if it is registered in the arrested	2296
person's name and the impoundment of its license plates under	2297
section 4503.233 and section 4510.14, 4510.16, 4510.161, or	2298
4511.203 of the Revised Code or the criminal forfeiture of the	2299
vehicle if it is registered in the arrested person's name under	2300
section 4503.234 and section 2903.06, 4510.14, 4510.16, 4510.161,	2301
or 4511.203, or 4511.251 of the Revised Code, whichever is	2302
applicable.	2303

(2) If the person violated section 4510.16 of the Revised	2304
Code or a municipal ordinance that is substantially equivalent to	2305
that section and division (B)(2) of section 4510.16 or division	2306
(B)(1) of section 4510.161 applies, the court shall impose	2307
sentence upon the person as provided by law or ordinance and may	2308
order the immobilization of the vehicle the person was operating	2309
at the time of, or that was involved in, the offense if it is	2310
registered in the person's name and the impoundment of its license	2311
plates under section 4503.233 and section 4510.16 or 4510.161 of	2312
the Revised Code.	2313

(3) If the arrested person is found not guilty of the	2314
violation of section 2903.06, 4510.14, 4510.16, or 4511.203, or	2315
4511.251 of the Revised Code, or a municipal ordinance that is	2316
substantially equivalent to any of those sections, the court	2317
shall order that the vehicle and its license plates immediately	2318
be released to the arrested person.	2319

(4) If the charge that the arrested person violated section	2320
2903.06, 4510.14, 4510.16, or 4511.203, or 4511.251 of the Revised	2321
Code, or a municipal ordinance that is substantially equivalent to	2322
any of those sections is dismissed for any reason, the court shall	2323
order that the vehicle and its license plates immediately be	2324
released to the arrested person.	2325

(5) If the impoundment of the vehicle was not authorized	2326
under this section, the court shall order that the vehicle and its	2327
license plates be returned immediately to the arrested person or,	2328
if the arrested person is not the vehicle owner, to the vehicle	2329
owner and shall order that the state or political subdivision of	2330
the law enforcement agency served by the law enforcement officer	2331
who seized the vehicle pay all expenses and charges incurred in	2332
its removal and storage.	2333

(E) If a vehicle is seized under division (B)(2) of this	2334
section, the time between the seizure of the vehicle and either	2335
its release to the arrested person pursuant to division (C) of	2336
this section or the issuance of an order of immobilization of the	2337
vehicle under section 4503.233 of the Revised Code shall be	2338
credited against the period of immobilization ordered by the	2339
court.	2340

(F)(1) Except as provided in division (D)(4) of this section,	2341
the arrested person may be charged expenses or charges incurred in	2342
the removal and storage of the immobilized vehicle. The court with	2343
jurisdiction over the case, after notice to all interested	2344
parties, including lienholders, and after an opportunity for them	2345
to be heard, if the court finds that the arrested person does not	2346
intend to seek release of the vehicle at the end of the period of	2347
immobilization under section 4503.233 of the Revised Code or that	2348
the arrested person is not or will not be able to pay the expenses	2349
and charges incurred in its removal and storage, may order that	2350
title to the vehicle be transferred, in order of priority, first	2351
into the name of the person or entity that removed it, next into	2352
the name of a lienholder, or lastly into the name of the owner of	2353
the place of storage.	2354

Any lienholder that receives title under a court order shall	2355
do so on the condition that it pay any expenses or charges	2356
incurred in the vehicle's removal and storage. If the person or	2357
entity that receives title to the vehicle is the person or entity	2358
that removed it, the person or entity shall receive title on the	2359
condition that it pay any lien on the vehicle. The court shall not	2360
order that title be transferred to any person or entity other than	2361
the owner of the place of storage if the person or entity refuses	2362
to receive the title. Any person or entity that receives title	2363
either may keep title to the vehicle or may dispose of the vehicle	2364
in any legal manner that it considers appropriate, including	2365
assignment of the certificate of title to the motor vehicle to a	2366
salvage dealer or a scrap metal processing facility. The person or	2367
entity shall not transfer the vehicle to the person who is the	2368
vehicle's immediate previous owner.	2369

If the person or entity that receives title assigns the motor	2370
vehicle to a salvage dealer or scrap metal processing facility,	2371
the person or entity shall send the assigned certificate of title	2372
to the motor vehicle to the clerk of the court of common pleas of	2373
the county in which the salvage dealer or scrap metal processing	2374
facility is located. The person or entity shall mark the face of	2375
the certificate of title with the words "FOR DESTRUCTION" and	2376
shall deliver a photocopy of the certificate of title to the	2377
salvage dealer or scrap metal processing facility for its records.	2378

(2) Whenever a court issues an order under division (F)(1) of	2379
this section, the court also shall order removal of the license	2380
plates from the vehicle and cause them to be sent to the registrar	2381
if they have not already been sent to the registrar. Thereafter,	2382
no further proceedings shall take place under this section or	2383
under section 4503.233 of the Revised Code.	2384

(3) Prior to initiating a proceeding under division (F)(1) of	2385
this section, and upon payment of the fee under division (B) of	2386
section 4505.14, any interested party may cause a search to be	2387
made of the public records of the bureau of motor vehicles or the	2388
clerk of the court of common pleas, to ascertain the identity of	2389
any lienholder of the vehicle. The initiating party shall furnish	2390
this information to the clerk of the court with jurisdiction over	2391
the case, and the clerk shall provide notice to the arrested	2392
person, any lienholder, and any other interested parties listed by	2393
the initiating party, at the last known address supplied by the	2394
initiating party, by certified mail, or, at the option of the	2395
initiating party, by personal service or ordinary mail.	2396

Sec. 4511.181.  As used in sections 4511.181 to 4511.198 of	2397
the Revised Code:	2398

(A) "Equivalent offense" means any of the following:

2399

(1) A violation of division (A) or (B) of section 4511.19 of	2400
the Revised Code;	2401

(2) A violation of a municipal OVI ordinance;

2402

(3) A violation of section 2903.04 of the Revised Code in a	2403
case in which the offender was subject to the sanctions described	2404
in division (D) of that section;	2405

(4) A violation of division (A)(1) of section 2903.06 or	2406
2903.08 of the Revised Code or a municipal ordinance that is	2407
substantially equivalent to either of those divisions;	2408

(5) A violation of division (A)(2), (3), or (4), or (5) of	2409
section 2903.06, division (A)(2) of section 2903.08, or former	2410
section 2903.07 of the Revised Code, or a municipal ordinance that	2411
is substantially equivalent to any of those divisions or that	2412
former section, in a case in which a judge or jury as the trier of	2413
fact found that the offender was under the influence of alcohol, a	2414
drug of abuse, or a combination of them;	2415

(6) A violation of division (A) or (B) of section 1547.11 of	2416
the Revised Code;	2417

(7) A violation of a municipal ordinance prohibiting a person	2418
from operating or being in physical control of any vessel underway	2419
or from manipulating any water skis, aquaplane, or similar device	2420
on the waters of this state while under the influence of alcohol,	2421
a drug of abuse, or a combination of them or prohibiting a person	2422
from operating or being in physical control of any vessel underway	2423
or from manipulating any water skis, aquaplane, or similar device	2424
on the waters of this state with a prohibited concentration of	2425
alcohol, a controlled substance, or a metabolite of a controlled	2426
substance in the whole blood, blood serum or plasma, breath, or	2427
urine;	2428

(8) A violation of an existing or former municipal ordinance,	2429
law of another state, or law of the United States that is	2430
substantially equivalent to division (A) or (B) of section 4511.19	2431
or division (A) or (B) of section 1547.11 of the Revised Code;	2432

(9) A violation of a former law of this state that was	2433
substantially equivalent to division (A) or (B) of section 4511.19	2434
or division (A) or (B) of section 1547.11 of the Revised Code.	2435

(B) "Mandatory jail term" means the mandatory term in jail of	2436
three, six, ten, twenty, thirty, or sixty days that must be	2437
imposed under division (G)(1)(a), (b), or (c) of section 4511.19	2438
of the Revised Code upon an offender convicted of a violation of	2439
division (A) of that section and in relation to which all of the	2440
following apply:	2441

(1) Except as specifically authorized under section 4511.19	2442
of the Revised Code, the term must be served in a jail.	2443

(2) Except as specifically authorized under section 4511.19	2444
of the Revised Code, the term cannot be suspended, reduced, or	2445
otherwise modified pursuant to sections 2929.21 to 2929.28 or any	2446
other provision of the Revised Code.	2447

(C) "Municipal OVI ordinance" and "municipal OVI offense"	2448
mean any municipal ordinance prohibiting a person from operating a	2449
vehicle while under the influence of alcohol, a drug of abuse, or	2450
a combination of them or prohibiting a person from operating a	2451
vehicle with a prohibited concentration of alcohol, a controlled	2452
substance, or a metabolite of a controlled substance in the whole	2453
blood, blood serum or plasma, breath, or urine.	2454

(D) "Community residential sanction," "continuous alcohol	2455
monitoring," "jail," "mandatory prison term," "mandatory term of	2456
local incarceration," "sanction," and "prison term" have the same	2457
meanings as in section 2929.01 of the Revised Code.	2458

(E) "Drug of abuse" has the same meaning as in section	2459
4506.01 of the Revised Code.	2460

(F) "Equivalent offense that is vehicle-related" means an	2461
equivalent offense that is any of the following:	2462

(1) A violation described in division (A)(1), (2), (3), (4),	2463
or (5) of this section;	2464

(2) A violation of an existing or former municipal ordinance,	2465
law of another state, or law of the United States that is	2466
substantially equivalent to division (A) or (B) of section 4511.19	2467
of the Revised Code;	2468

(3) A violation of a former law of this state that was	2469
substantially equivalent to division (A) or (B) of section 4511.19	2470
of the Revised Code.	2471

Sec. 4511.251.  (A)(1) As used in this section and section	2472
4510.036 of the Revised Code, "street racing" means the operation	2473
of two or more vehicles from a point side by side at accelerating	2474
speeds in a competitive attempt to out-distance each other or the	2475
operation of one or more vehicles over a common selected course,	2476
from the same point to the same point, wherein timing is made of	2477
the participating vehicles involving competitive accelerations or	2478
speeds. Persons rendering assistance in any manner to such	2479
competitive use of vehicles shall be equally charged as the	2480
participants. The	2481

(2) The operation of two or more vehicles side by side either	2482
at speeds in excess of prima-facie lawful speeds established by	2483
divisions (B)(1)(a) to (B)(8) of section 4511.21 of the Revised	2484
Code or rapidly accelerating from a common starting point to a	2485
speed in excess of such prima-facie lawful speeds shall be	2486
prima-facie evidence of street racing.	2487

(B) No person shall participate in street racing upon any	2488
public road, street, or highway in this state.	2489

(C)(1) Whoever violates division (B) of this section is	2490
guilty of street racing,.	2491

(2) Except as otherwise provided in divisions (C)(3) to (7)	2492
of this section, street racing is a misdemeanor of the first	2493
degree. In addition to any other sanctions, the court shall	2494
suspend the offender's driver's license, commercial driver's	2495
license, temporary instruction permit, probationary license, or	2496
nonresident operating privilege for not less than thirty days or	2497
more than three years. No judge shall suspend the first thirty	2498
days of any suspension of an offender's license, permit, or	2499
privilege imposed under this division	2500

(3) Except as otherwise provided in divisions (C)(4) to (7)	2501
of this section, street racing is a felony of the fifth degree if	2502
the offender knew or had reasonable cause to believe that a device	2503
or apparatus was connected to any vehicle participating in the	2504
street race so as to inject nitrous oxide into the fuel or the	2505
combustion chambers of the engine of the vehicle during the street	2506
race.	2507

(4) Except as otherwise provided in divisions (C)(5) to (7)	2508
of this section, street racing is a felony of the fourth degree if	2509
either of the following applies:	2510

(a) The offender previously has been convicted of or pleaded	2511
guilty to one or more violations of section 4511.20 of the Revised	2512
Code, division (B) of this section, or a municipal ordinance that	2513
is substantially equivalent to that section or division;	2514

(b) The violation caused physical harm to property in an	2515
amount exceeding one thousand dollars or physical harm to any	2516
person, whether or not the physical harm was caused directly by	2517
the offender.	2518

(5) Except as otherwise provided in division (C)(7) of this	2519
section, street racing is a felony of the third degree if the	2520
offender knew or had reasonable cause to believe that a device or	2521
apparatus was connected to any vehicle participating in the street	2522
race so as to inject nitrous oxide into the fuel or the combustion	2523
chambers of the engine of the vehicle during the street race and	2524
either of the following applies:	2525

(a) The offender previously has been convicted of or pleaded	2526
guilty to one or more violations of section 4511.20 of the Revised	2527
Code, division (B) of this section, or a municipal ordinance that	2528
is substantially equivalent to that section or division;	2529

(b) The violation caused physical harm to property in an	2530
amount exceeding one thousand dollars or physical harm to any	2531
person, whether or not the physical harm was caused directly by	2532
the offender.	2533

(6) Except as otherwise provided in division (C)(7) of this	2534
section, street racing is a felony of the third degree if the	2535
violation caused serious physical harm to any person, whether or	2536
not the serious physical harm was caused directly by the offender.	2537

(7) Street racing is a felony of the second degree if the	2538
offender knew or had reasonable cause to believe that a device or	2539
apparatus was connected to any vehicle participating in the street	2540
race so as to inject nitrous oxide into the fuel or the combustion	2541
chambers of the engine of the vehicle during the street race and	2542
the violation caused serious physical harm to any person, whether	2543
or not the serious physical harm was caused directly by the	2544
offender.	2545

(D) In addition to any other penalty for a violation of	2546
division (B) of this section, the court shall suspend the	2547
offender's driver's license, commercial driver's license,	2548
temporary instruction permit, probationary license, or nonresident	2549
operating privilege for a period of not less than thirty days and	2550
not more than three years.	2551

(E)(1) In addition to any other sanctions and in accordance	2552
with divisions (E)(2) and (3) of this section, the court shall	2553
order the immobilization and impoundment of the license plates of	2554
or criminal forfeiture of the motor vehicle the offender was	2555
operating at the time the offender violated division (B) of this	2556
section if either of the following applies:	2557

(a) The motor vehicle the offender was operating at the time	2558
of the violation is registered in the offender's name.	2559

(b) The motor vehicle the offender was operating at the time	2560
of the violation is not registered in the offender's name but is	2561
registered in the name of another person, and the person in whose	2562
name the motor vehicle is registered knew or had reasonable cause	2563
to believe that the offender would operate the motor vehicle in	2564
violation of section 4511.251 of the Revised Code or a	2565
substantially equivalent municipal ordinance.	2566

(2) When division (E)(1) of this section applies, the court	2567
shall order the immobilization of the vehicle involved in the	2568
offense for a period of one hundred eighty days in accordance with	2569
section 4503.233 of the Revised Code and impoundment of the	2570
license plates of that vehicle for a period of one hundred eighty	2571
days in any case in which the penalty for a violation of division	2572
(B) of this section is a misdemeanor of the first degree. In all	2573
other cases in which division (E)(1) of this section applies, the	2574
court shall order the criminal forfeiture of the vehicle.	2575

(3) Any forfeiture of a motor vehicle under this section	2576
shall be in accordance with section 4503.234 of the Revised Code.	2577
If title to a motor vehicle that is subject to an order of	2578
criminal forfeiture under this section is assigned or transferred	2579
and division (B)(2) or (3) of section 4503.234 of the Revised Code	2580
applies, the court, in addition to any other sanctions, may fine	2581
the offender the value of the vehicle as determined by	2582
publications of the national auto dealers association. The	2583
proceeds of any fine so imposed shall be distributed in accordance	2584
with division (C)(2) of that section.	2585

Sec. 4511.253. Every retailer who sells at retail nitrous	2586
oxide shall conspicuously post a sign that contains the following	2587
language: "Street racing on the public roads, streets, and	2588
highways of Ohio is illegal and punishable by a fine, a jail term	2589
or prison term, suspension of a person's driver's or commercial	2590
driver's license, and criminal forfeiture of any vehicle involved	2591
in a street race. Violators of Ohio's prohibition on street	2592
racing are subject to increased penalties if the motor vehicle	2593
operated by the individual in an illegal street race is enhanced	2594
by the use of nitrous oxide." The sign shall be of sufficient	2595
size to be clearly legible to a person of normal vision. The	2596
department of public safety shall make the sign available at no	2597
charge on its internet web site.	2598

Section 2.  That existing sections 2743.51, 2903.06, 2929.01,	2599
2935.03, 4503.234, 4510.17, 4510.41, 4511.181, and 4511.251 of the	2600
Revised Code are hereby repealed.	2601

Section 3. The "Ohio Uniform Traffic Ticket," described in	2602
Traffic Rule 3(A) and (B), shall be amended as needed in order to	2603
implement this act.	2604

Section 4. The General Assembly, applying the principle	2605
stated in division (B) of section 1.52 of the Revised Code that	2606
amendments are to be harmonized if reasonably capable of	2607
simultaneous operation, finds that the following sections,	2608
presented in this act as composites of the sections as amended by	2609
the acts indicated, are the resulting versions of the sections in	2610
effect prior to the effective date of the sections as presented in	2611
this act:	2612

Section 2929.01 of the Revised Code as amended by both Am.	2613
Sub. H.B. 130 and Am. Sub. H.B. 280 of the 127th General Assembly.	2614

Section 4503.234 of the Revised Code as amended by both Sub.	2615
H.B. 241 and Am. Sub. H.B. 461 of the 126th General Assembly.	2616

Section 4510.41 of the Revised Code as amended by both Sub.	2617
H.B. 241 and Am. Sub. H.B. 461 of the 126th General Assembly.	2618