Bill Text: OH HB272 | 2011-2012 | 129th General Assembly | Introduced

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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 7-1)

Status: (Introduced - Dead) 2011-06-21 - To Criminal Justice [HB272 Detail]

Download: Ohio-2011-HB272-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 272

Representatives Celeste, Ruhl 

Cosponsors: Representatives Murray, Stinziano, Yuko, O'Brien, Letson, Garland 

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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 one thousand three hundred twenty dollars, at a rate not	221
exceeding sixty dollars per hour, incurred to successfully obtain	222
a restraining order, custody order, or other order to physically	223
separate a victim from an offender, if the attorney has not	224
received payment under section 2743.65 of the Revised Code for	225
assisting a claimant with an application for an award of	226
reparations under sections 2743.51 to 2743.72 of the Revised Code	227
and provided that, except as otherwise provided in this division,	228
the attorney or the attorney's law firm may only receive	229
attorney's fees as an allowable expense for the services described	230
in this division in an amount that does not exceed a cumulative	231
total of thirty thousand dollars in any calendar year. The thirty	232
thousand-dollar maximum specified in this division does not apply	233
to an attorney who is an employee of a legal aid society regarding	234
the services described in this division that the attorney performs	235
while so employed and does not apply to a legal aid society.	236
Attorney's fees for the services described in this division may	237
include an amount for reasonable travel time incurred while	238
performing those services, assessed at a rate not exceeding thirty	239
dollars per hour.	240

(G) "Work loss" means loss of income from work that the	241
injured person would have performed if the person had not been	242
injured and expenses reasonably incurred by the person to obtain	243
services in lieu of those the person would have performed for	244
income, reduced by any income from substitute work actually	245
performed by the person, or by income the person would have earned	246
in available appropriate substitute work that the person was	247
capable of performing but unreasonably failed to undertake.	248

(H) "Replacement services loss" means expenses reasonably	249
incurred in obtaining ordinary and necessary services in lieu of	250
those the injured person would have performed, not for income, but	251
for the benefit of the person's self or family, if the person had	252
not been injured.	253

(I) "Dependent's economic loss" means loss after a victim's	254
death of contributions of things of economic value to the victim's	255
dependents, not including services they would have received from	256
the victim if the victim had not suffered the fatal injury, less	257
expenses of the dependents avoided by reason of the victim's	258
death. If a minor child of a victim is adopted after the victim's	259
death, the minor child continues after the adoption to incur a	260
dependent's economic loss as a result of the victim's death. If	261
the surviving spouse of a victim remarries, the surviving spouse	262
continues after the remarriage to incur a dependent's economic	263
loss as a result of the victim's death.	264

(J) "Dependent's replacement services loss" means loss	265
reasonably incurred by dependents after a victim's death in	266
obtaining ordinary and necessary services in lieu of those the	267
victim would have performed for their benefit if the victim had	268
not suffered the fatal injury, less expenses of the dependents	269
avoided by reason of the victim's death and not subtracted in	270
calculating the dependent's economic loss. If a minor child of a	271
victim is adopted after the victim's death, the minor child	272
continues after the adoption to incur a dependent's replacement	273
services loss as a result of the victim's death. If the surviving	274
spouse of a victim remarries, the surviving spouse continues after	275
the remarriage to incur a dependent's replacement services loss as	276
a result of the victim's death.	277

(K) "Noneconomic detriment" means pain, suffering,	278
inconvenience, physical impairment, or other nonpecuniary damage.	279

(L) "Victim" means a person who suffers personal injury or	280
death as a result of any of the following:	281

(1) Criminally injurious conduct;

282

(2) The good faith effort of any person to prevent criminally	283
injurious conduct;	284

(3) The good faith effort of any person to apprehend a person	285
suspected of engaging in criminally injurious conduct.	286

(M) "Contributory misconduct" means any conduct of the	287
claimant or of the victim through whom the claimant claims an	288
award of reparations that is unlawful or intentionally tortious	289
and that, without regard to the conduct's proximity in time or	290
space to the criminally injurious conduct, has a causal	291
relationship to the criminally injurious conduct that is the basis	292
of the claim.	293

(N)(1) "Funeral expense" means any reasonable charges that	294
are not in excess of seven thousand five hundred dollars per	295
funeral and that are incurred for expenses directly related to a	296
victim's funeral, cremation, or burial and any wages lost or	297
travel expenses incurred by a family member of a victim in order	298
to attend the victim's funeral, cremation, or burial.	299

(2) An award for funeral expenses shall be applied first to	300
expenses directly related to the victim's funeral, cremation, or	301
burial. An award for wages lost or travel expenses incurred by a	302
family member of the victim shall not exceed five hundred dollars	303
for each family member and shall not exceed in the aggregate the	304
difference between seven thousand five hundred dollars and	305
expenses that are reimbursed by the program and that are directly	306
related to the victim's funeral, cremation, or burial.	307

(O) "Unemployment benefits loss" means a loss of unemployment	308
benefits pursuant to Chapter 4141. of the Revised Code when the	309
loss arises solely from the inability of a victim to meet the able	310
to work, available for suitable work, or the actively seeking	311
suitable work requirements of division (A)(4)(a) of section	312
4141.29 of the Revised Code.	313

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

314

(1) A violation of section 4511.19 of the Revised Code, of	315
any municipal ordinance prohibiting the operation of a vehicle	316
while under the influence of alcohol, a drug of abuse, or a	317
combination of them, or of any municipal ordinance prohibiting the	318
operation of a vehicle with a prohibited concentration of alcohol,	319
a controlled substance, or a metabolite of a controlled substance	320
in the whole blood, blood serum or plasma, breath, or urine;	321

(2) A violation of division (A)(1) of section 2903.06 of the	322
Revised Code;	323

(3) A violation of division (A)(2), (3), or (4), or (5) of	324
section 2903.06 of the Revised Code or of a municipal ordinance	325
substantially similar to any of those divisions, if the offender	326
was under the influence of alcohol, a drug of abuse, or a	327
combination of them, at the time of the commission of the offense;	328

(4) For purposes of any person described in division (A)(2)	329
of this section, a violation of any law of the state, district,	330
territory, or foreign country in which the criminally injurious	331
conduct occurred, if that law is substantially similar to a	332
violation described in division (P)(1) or (2) of this section or	333
if that law is substantially similar to a violation described in	334
division (P)(3) of this section and the offender was under the	335
influence of alcohol, a drug of abuse, or a combination of them,	336
at the time of the commission of the offense.	337

(Q) "Pendency of the claim" for an original reparations	338
application or supplemental reparations application means the	339
period of time from the date the criminally injurious conduct upon	340
which the application is based occurred until the date a final	341
decision, order, or judgment concerning that original reparations	342
application or supplemental reparations application is issued.	343

(R) "Terrorism" means any activity to which all of the	344
following apply:	345

(1) The activity involves a violent act or an act that is	346
dangerous to human life.	347

(2) The act described in division (R)(1) of this section is	348
committed within the territorial jurisdiction of the United States	349
and is a violation of the criminal laws of the United States, this	350
state, or any other state or the act described in division (R)(1)	351
of this section is committed outside the territorial jurisdiction	352
of the United States and would be a violation of the criminal laws	353
of the United States, this state, or any other state if committed	354
within the territorial jurisdiction of the United States.	355

(3) The activity appears to be intended to do any of the	356
following:	357

(a) Intimidate or coerce a civilian population;

358

(b) Influence the policy of any government by intimidation or	359
coercion;	360

(c) Affect the conduct of any government by assassination or	361
kidnapping.	362

(4) The activity occurs primarily outside the territorial	363
jurisdiction of the United States or transcends the national	364
boundaries of the United States in terms of the means by which the	365
activity is accomplished, the person or persons that the activity	366
appears intended to intimidate or coerce, or the area or locale in	367
which the perpetrator or perpetrators of the activity operate or	368
seek asylum.	369

(S) "Transcends the national boundaries of the United States"	370
means occurring outside the territorial jurisdiction of the United	371
States in addition to occurring within the territorial	372
jurisdiction of the United States.	373

(T) "Cost of crime scene cleanup" means reasonable and	374
necessary costs of cleaning the scene and repairing, for the	375
purpose of personal security, property damaged at the scene where	376
the criminally injurious conduct occurred, not to exceed seven	377
hundred fifty dollars in the aggregate per claim.	378

(U) "Cost of evidence replacement" means costs for	379
replacement of property confiscated for evidentiary purposes	380
related to the criminally injurious conduct, not to exceed seven	381
hundred fifty dollars in the aggregate per claim.	382

(V) "Provider" means any person who provides a victim or	383
claimant with a product, service, or accommodations that are an	384
allowable expense or a funeral expense.	385

(W) "Immediate family member" means an individual who resided	386
in the same permanent household as a victim at the time of the	387
criminally injurious conduct and who is related to the victim by	388
affinity or consanguinity.	389

(X) "Family member" means an individual who is related to a	390
victim by affinity or consanguinity.	391

Sec. 2903.06.  (A) No person, while operating or	392
participating in the operation of a motor vehicle, motorcycle,	393
snowmobile, locomotive, watercraft, or aircraft, shall cause the	394
death of another or the unlawful termination of another's	395
pregnancy in any of the following ways:	396

(1)(a) As the proximate result of committing a violation of	397
division (A) of section 4511.19 of the Revised Code or of a	398
substantially equivalent municipal ordinance;	399

(b) As the proximate result of committing a violation of	400
division (A) of section 1547.11 of the Revised Code or of a	401
substantially equivalent municipal ordinance;	402

(c) As the proximate result of committing a violation of	403
division (A)(3) of section 4561.15 of the Revised Code or of a	404
substantially equivalent municipal ordinance.	405

(2) In one of the following ways:

406

(a) Recklessly;

407

(b) As the proximate result of committing, while operating or	408
participating in the operation of a motor vehicle or motorcycle in	409
a construction zone, a reckless operation offense, provided that	410
this division applies only if the person whose death is caused or	411
whose pregnancy is unlawfully terminated is in the construction	412
zone at the time of the offender's commission of the reckless	413
operation offense in the construction zone and does not apply as	414
described in division (F)(G) of this section.	415

(3) In one of the following ways:

416

(a) Negligently;

417

(b) As the proximate result of committing, while operating or	418
participating in the operation of a motor vehicle or motorcycle in	419
a construction zone, a speeding offense, provided that this	420
division applies only if the person whose death is caused or whose	421
pregnancy is unlawfully terminated is in the construction zone at	422
the time of the offender's commission of the speeding offense in	423
the construction zone and does not apply as described in division	424
(F) of this section.	425

(4) As the proximate result of committing a violation of any	426
provision of any section contained in Title XLV of the Revised	427
Code that is a minor misdemeanor or of a municipal ordinance that,	428
regardless of the penalty set by ordinance for the violation, is	429
substantially equivalent to any provision of any section contained	430
in Title XLV of the Revised Code that is a minor misdemeanor;	431

(5) As the proximate result of committing, while operating or	432
participating in the operation of a motor vehicle or motorcycle	433
upon a public road, street, or highway in this state, a violation	434
of division (B) of section 4511.251 of the Revised Code or of a	435
substantially equivalent municipal ordinance. Every operator of	436
every motor vehicle and motorcycle involved in the violation is	437
criminally culpable under division (A)(5) of this section, whether	438
or not the operator's motor vehicle or motorcycle made contact	439
with any other motor vehicle or motorcycle or any person.	440

(B)(1) Whoever violates division (A)(1) or (2) of this	441
section is guilty of aggravated vehicular homicide and shall be	442
punished as provided in divisions (B)(2) and (3) of this section.	443

(2)(a) Except as otherwise provided in division (B)(2)(b) or	444
(c) of this section, aggravated vehicular homicide committed in	445
violation of division (A)(1) of this section is a felony of the	446
second degree and the court shall impose a mandatory prison term	447
on the offender as described in division (E)(F) of this section.	448

(b) Except as otherwise provided in division (B)(2)(c) of	449
this section, aggravated vehicular homicide committed in violation	450
of division (A)(1) of this section is a felony of the first	451
degree, and the court shall impose a mandatory prison term on the	452
offender as described in division (E)(F) of this section, if any	453
of the following apply:	454

(i) At the time of the offense, the offender was driving	455
under a suspension or cancellation imposed under Chapter 4510. or	456
any other provision of the Revised Code or was operating a motor	457
vehicle or motorcycle, did not have a valid driver's license,	458
commercial driver's license, temporary instruction permit,	459
probationary license, or nonresident operating privilege, and was	460
not eligible for renewal of the offender's driver's license or	461
commercial driver's license without examination under section	462
4507.10 of the Revised Code.	463

(ii) The offender previously has been convicted of or pleaded	464
guilty to a violation of this section.	465

(iii) The offender previously has been convicted of or	466
pleaded guilty to any traffic-related homicide, manslaughter, or	467
assault offense.	468

(c) Aggravated vehicular homicide committed in violation of	469
division (A)(1) of this section is a felony of the first degree,	470
and the court shall sentence the offender to a mandatory prison	471
term as provided in section 2929.142 of the Revised Code and	472
described in division (E)(F) of this section if any of the	473
following apply:	474

(i) The offender previously has been convicted of or pleaded	475
guilty to three or more prior violations of section 4511.19 of the	476
Revised Code or of a substantially equivalent municipal ordinance	477
within the previous six years.	478

(ii) The offender previously has been convicted of or pleaded	479
guilty to three or more prior violations of division (A) of	480
section 1547.11 of the Revised Code or of a substantially	481
equivalent municipal ordinance within the previous six years.	482

(iii) The offender previously has been convicted of or	483
pleaded guilty to three or more prior violations of division	484
(A)(3) of section 4561.15 of the Revised Code or of a	485
substantially equivalent municipal ordinance within the previous	486
six years.	487

(iv) The offender previously has been convicted of or pleaded	488
guilty to three or more prior violations of division (A)(1) of	489
this section within the previous six years.	490

(v) The offender previously has been convicted of or pleaded	491
guilty to three or more prior violations of division (A)(1) of	492
section 2903.08 of the Revised Code within the previous six years.	493

(vi) The offender previously has been convicted of or pleaded	494
guilty to three or more prior violations of section 2903.04 of the	495
Revised Code within the previous six years in circumstances in	496
which division (D) of that section applied regarding the	497
violations.	498

(vii) The offender previously has been convicted of or	499
pleaded guilty to three or more violations of any combination of	500
the offenses listed in division (B)(2)(c)(i), (ii), (iii), (iv),	501
(v), or (vi) of this section within the previous six years.	502

(viii) The offender previously has been convicted of or	503
pleaded guilty to a second or subsequent felony violation of	504
division (A) of section 4511.19 of the Revised Code.	505

(d) In addition to any other sanctions imposed pursuant to	506
division (B)(2)(a), (b), or (c) of this section for aggravated	507
vehicular homicide committed in violation of division (A)(1) of	508
this section, the court shall impose upon the offender a class one	509
suspension of the offender's driver's license, commercial driver's	510
license, temporary instruction permit, probationary license, or	511
nonresident operating privilege as specified in division (A)(1) of	512
section 4510.02 of the Revised Code.	513

(3) Except as otherwise provided in this division, aggravated	514
vehicular homicide committed in violation of division (A)(2) of	515
this section is a felony of the third degree. Aggravated vehicular	516
homicide committed in violation of division (A)(2) of this section	517
is a felony of the second degree if, at the time of the offense,	518
the offender was driving under a suspension or cancellation	519
imposed under Chapter 4510. or any other provision of the Revised	520
Code or was operating a motor vehicle or motorcycle, did not have	521
a valid driver's license, commercial driver's license, temporary	522
instruction permit, probationary license, or nonresident operating	523
privilege, and was not eligible for renewal of the offender's	524
driver's license or commercial driver's license without	525
examination under section 4507.10 of the Revised Code or if the	526
offender previously has been convicted of or pleaded guilty to a	527
violation of this section or any traffic-related homicide,	528
manslaughter, or assault offense. The court shall impose a	529
mandatory prison term on the offender when required by division	530
(E)(F) of this section.	531

In addition to any other sanctions imposed pursuant to this	532
division for a violation of division (A)(2) of this section, the	533
court shall impose upon the offender a class two suspension of the	534
offender's driver's license, commercial driver's license,	535
temporary instruction permit, probationary license, or nonresident	536
operating privilege from the range specified in division (A)(2) of	537
section 4510.02 of the Revised Code or, if the offender previously	538
has been convicted of or pleaded guilty to a traffic-related	539
murder, felonious assault, or attempted murder offense, a class	540
one suspension of the offender's driver's license, commercial	541
driver's license, temporary instruction permit, probationary	542
license, or nonresident operating privilege as specified in	543
division (A)(1) of that section.	544

(C) Whoever violates division (A)(3) of this section is	545
guilty of vehicular homicide. Except as otherwise provided in this	546
division, vehicular homicide is a misdemeanor of the first degree.	547
Vehicular homicide committed in violation of division (A)(3) of	548
this section is a felony of the fourth degree if, at the time of	549
the offense, the offender was driving under a suspension or	550
cancellation imposed under Chapter 4510. or any other provision of	551
the Revised Code or was operating a motor vehicle or motorcycle,	552
did not have a valid driver's license, commercial driver's	553
license, temporary instruction permit, probationary license, or	554
nonresident operating privilege, and was not eligible for renewal	555
of the offender's driver's license or commercial driver's license	556
without examination under section 4507.10 of the Revised Code or	557
if the offender previously has been convicted of or pleaded guilty	558
to a violation of this section or any traffic-related homicide,	559
manslaughter, or assault offense. The court shall impose a	560
mandatory jail term or a mandatory prison term on the offender	561
when required by division (E)(F) of this section.	562

In addition to any other sanctions imposed pursuant to this	563
division, the court shall impose upon the offender a class four	564
suspension of the offender's driver's license, commercial driver's	565
license, temporary instruction permit, probationary license, or	566
nonresident operating privilege from the range specified in	567
division (A)(4) of section 4510.02 of the Revised Code, or, if the	568
offender previously has been convicted of or pleaded guilty to a	569
violation of this section or any traffic-related homicide,	570
manslaughter, or assault offense, a class three suspension of the	571
offender's driver's license, commercial driver's license,	572
temporary instruction permit, probationary license, or nonresident	573
operating privilege from the range specified in division (A)(3) of	574
that section, or, if the offender previously has been convicted of	575
or pleaded guilty to a traffic-related murder, felonious assault,	576
or attempted murder offense, a class two suspension of the	577
offender's driver's license, commercial driver's license,	578
temporary instruction permit, probationary license, or nonresident	579
operating privilege as specified in division (A)(2) of that	580
section.	581

(D) Whoever violates division (A)(4) of this section is	582
guilty of vehicular manslaughter. Except as otherwise provided in	583
this division, vehicular manslaughter is a misdemeanor of the	584
second degree. Vehicular manslaughter is a misdemeanor of the	585
first degree if, at the time of the offense, the offender was	586
driving under a suspension or cancellation imposed under Chapter	587
4510. or any other provision of the Revised Code or was operating	588
a motor vehicle or motorcycle, did not have a valid driver's	589
license, commercial driver's license, temporary instruction	590
permit, probationary license, or nonresident operating privilege,	591
and was not eligible for renewal of the offender's driver's	592
license or commercial driver's license without examination under	593
section 4507.10 of the Revised Code or if the offender previously	594
has been convicted of or pleaded guilty to a violation of this	595
section or any traffic-related homicide, manslaughter, or assault	596
offense.	597

In addition to any other sanctions imposed pursuant to this	598
division, the court shall impose upon the offender a class six	599
suspension of the offender's driver's license, commercial driver's	600
license, temporary instruction permit, probationary license, or	601
nonresident operating privilege from the range specified in	602
division (A)(6) of section 4510.02 of the Revised Code or, if the	603
offender previously has been convicted of or pleaded guilty to a	604
violation of this section, any traffic-related homicide,	605
manslaughter, or assault offense, or a traffic-related murder,	606
felonious assault, or attempted murder offense, a class four	607
suspension of the offender's driver's license, commercial driver's	608
license, temporary instruction permit, probationary license, or	609
nonresident operating privilege from the range specified in	610
division (A)(4) of that section.	611

(E)(1) Whoever violates division (A)(5) of this section is	612
guilty of street racing manslaughter, a felony of the second	613
degree. In addition to any other sanctions, the court shall impose	614
upon the offender a class two suspension of the offender's	615
driver's license, commercial driver's license, temporary	616
instruction permit, probationary license, or nonresident operating	617
privilege for a period prescribed in division (A)(2) of section	618
4510.02 of the Revised Code, which period shall be not less than	619
five years.	620

(2) In addition to any other sanctions, the court shall order	621
the criminal forfeiture of the motor vehicle the offender was	622
operating at the time the offender violated division (A)(5) of	623
this section if either of the following applies:	624

(a) The motor vehicle the offender was operating at the time	625
of such violation is registered in the offender's name.	626

(b) The motor vehicle the offender was operating at the time	627
of such violation is not registered in the offender's name but is	628
registered in the name of another person, and the person in whose	629
name the motor vehicle is registered knew or had reasonable cause	630
to believe that the offender would operate the motor vehicle in	631
violation of section 4511.251 of the Revised Code or a	632
substantially equivalent municipal ordinance.	633

(3) Any forfeiture of a motor vehicle under division (E)(2)	634
of this section shall be in accordance with section 4503.234 of	635
the Revised Code. If title to a motor vehicle that is subject to	636
an order of criminal forfeiture under this section is assigned or	637
transferred and division (B)(2) or (3) of section 4503.234 of the	638
Revised Code applies, the court, in addition to any other	639
sanctions, may fine the offender the value of the vehicle as	640
determined by publications of the national auto dealers	641
association. The proceeds of any fine so imposed shall be	642
distributed in accordance with division (C)(2) of that section.	643

(F) The court shall impose a mandatory prison term on an	644
offender who is convicted of or pleads guilty to a violation of	645
division (A)(1) of this section. If division (B)(2)(c)(i), (ii),	646
(iii), (iv), (v), (vi), (vii), or (viii) of this section applies	647
to an offender who is convicted of or pleads guilty to the	648
violation of division (A)(1) of this section, the court shall	649
impose the mandatory prison term pursuant to section 2929.142 of	650
the Revised Code. The court shall impose a mandatory jail term of	651
at least fifteen days on an offender who is convicted of or pleads	652
guilty to a misdemeanor violation of division (A)(3)(b) of this	653
section and may impose upon the offender a longer jail term as	654
authorized pursuant to section 2929.24 of the Revised Code. The	655
court shall impose a mandatory prison term on an offender who is	656
convicted of or pleads guilty to a violation of division (A)(2) or	657
(3)(a) of this section or a felony violation of division (A)(3)(b)	658
of this section if either of the following applies:	659

(1) The offender previously has been convicted of or pleaded	660
guilty to a violation of this section or section 2903.08 of the	661
Revised Code.	662

(2) At the time of the offense, the offender was driving	663
under suspension or cancellation under Chapter 4510. or any other	664
provision of the Revised Code or was operating a motor vehicle or	665
motorcycle, did not have a valid driver's license, commercial	666
driver's license, temporary instruction permit, probationary	667
license, or nonresident operating privilege, and was not eligible	668
for renewal of the offender's driver's license or commercial	669
driver's license without examination under section 4507.10 of the	670
Revised Code.	671

(F)(G) Divisions (A)(2)(b) and (3)(b) of this section do not	672
apply in a particular construction zone unless signs of the type	673
described in section 2903.081 of the Revised Code are erected in	674
that construction zone in accordance with the guidelines and	675
design specifications established by the director of	676
transportation under section 5501.27 of the Revised Code. The	677
failure to erect signs of the type described in section 2903.081	678
of the Revised Code in a particular construction zone in	679
accordance with those guidelines and design specifications does	680
not limit or affect the application of division (A)(1), (A)(2)(a),	681
(A)(3)(a), or (A)(4) of this section in that construction zone or	682
the prosecution of any person who violates any of those divisions	683
in that construction zone.	684

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

685

(a) "Mandatory prison term" and "mandatory jail term" have	686
the same meanings as in section 2929.01 of the Revised Code.	687

(b) "Traffic-related homicide, manslaughter, or assault	688
offense" means a violation of section 2903.04 of the Revised Code	689
in circumstances in which division (D) of that section applies, a	690
violation of section 2903.06 or 2903.08 of the Revised Code, or a	691
violation of section 2903.06, 2903.07, or 2903.08 of the Revised	692
Code as they existed prior to March 23, 2000.	693

(c) "Construction zone" has the same meaning as in section	694
5501.27 of the Revised Code.	695

(d) "Reckless operation offense" means a violation of section	696
4511.20 of the Revised Code or a municipal ordinance substantially	697
equivalent to section 4511.20 of the Revised Code.	698

(e) "Speeding offense" means a violation of section 4511.21	699
of the Revised Code or a municipal ordinance pertaining to speed.	700

(f) "Traffic-related murder, felonious assault, or attempted	701
murder offense" means a violation of section 2903.01 or 2903.02 of	702
the Revised Code in circumstances in which the offender used a	703
motor vehicle as the means to commit the violation, a violation of	704
division (A)(2) of section 2903.11 of the Revised Code in	705
circumstances in which the deadly weapon used in the commission of	706
the violation is a motor vehicle, or an attempt to commit	707
aggravated murder or murder in violation of section 2923.02 of the	708
Revised Code in circumstances in which the offender used a motor	709
vehicle as the means to attempt to commit the aggravated murder or	710
murder.	711

(g) "Motor vehicle" has the same meaning as in section	712
4501.01 of the Revised Code.	713

(2) For the purposes of this section, when a penalty or	714
suspension is enhanced because of a prior or current violation of	715
a specified law or a prior or current specified offense, the	716
reference to the violation of the specified law or the specified	717
offense includes any violation of any substantially equivalent	718
municipal ordinance, former law of this state, or current or	719
former law of another state or the United States.	720

Sec. 2929.01.  As used in this chapter:

721

(A)(1) "Alternative residential facility" means, subject to	722
division (A)(2) of this section, any facility other than an	723
offender's home or residence in which an offender is assigned to	724
live and that satisfies all of the following criteria:	725

(a) It provides programs through which the offender may seek	726
or maintain employment or may receive education, training,	727
treatment, or habilitation.	728

(b) It has received the appropriate license or certificate	729
for any specialized education, training, treatment, habilitation,	730
or other service that it provides from the government agency that	731
is responsible for licensing or certifying that type of education,	732
training, treatment, habilitation, or service.	733

(2) "Alternative residential facility" does not include a	734
community-based correctional facility, jail, halfway house, or	735
prison.	736

(B) "Basic probation supervision" means a requirement that	737
the offender maintain contact with a person appointed to supervise	738
the offender in accordance with sanctions imposed by the court or	739
imposed by the parole board pursuant to section 2967.28 of the	740
Revised Code. "Basic probation supervision" includes basic parole	741
supervision and basic post-release control supervision.	742

(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	743
"unit dose" have the same meanings as in section 2925.01 of the	744
Revised Code.	745

(D) "Community-based correctional facility" means a	746
community-based correctional facility and program or district	747
community-based correctional facility and program developed	748
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	749

(E) "Community control sanction" means a sanction that is not	750
a prison term and that is described in section 2929.15, 2929.16,	751
2929.17, or 2929.18 of the Revised Code or a sanction that is not	752
a jail term and that is described in section 2929.26, 2929.27, or	753
2929.28 of the Revised Code. "Community control sanction" includes	754
probation if the sentence involved was imposed for a felony that	755
was committed prior to July 1, 1996, or if the sentence involved	756
was imposed for a misdemeanor that was committed prior to January	757
1, 2004.	758

(F) "Controlled substance," "marihuana," "schedule I," and	759
"schedule II" have the same meanings as in section 3719.01 of the	760
Revised Code.	761

(G) "Curfew" means a requirement that an offender during a	762
specified period of time be at a designated place.	763

(H) "Day reporting" means a sanction pursuant to which an	764
offender is required each day to report to and leave a center or	765
other approved reporting location at specified times in order to	766
participate in work, education or training, treatment, and other	767
approved programs at the center or outside the center.	768

(I) "Deadly weapon" has the same meaning as in section	769
2923.11 of the Revised Code.	770

(J) "Drug and alcohol use monitoring" means a program under	771
which an offender agrees to submit to random chemical analysis of	772
the offender's blood, breath, or urine to determine whether the	773
offender has ingested any alcohol or other drugs.	774

(K) "Drug treatment program" means any program under which a	775
person undergoes assessment and treatment designed to reduce or	776
completely eliminate the person's physical or emotional reliance	777
upon alcohol, another drug, or alcohol and another drug and under	778
which the person may be required to receive assessment and	779
treatment on an outpatient basis or may be required to reside at a	780
facility other than the person's home or residence while	781
undergoing assessment and treatment.	782

(L) "Economic loss" means any economic detriment suffered by	783
a victim as a direct and proximate result of the commission of an	784
offense and includes any loss of income due to lost time at work	785
because of any injury caused to the victim, and any property loss,	786
medical cost, or funeral expense incurred as a result of the	787
commission of the offense. "Economic loss" does not include	788
non-economic loss or any punitive or exemplary damages.	789

(M) "Education or training" includes study at, or in	790
conjunction with a program offered by, a university, college, or	791
technical college or vocational study and also includes the	792
completion of primary school, secondary school, and literacy	793
curricula or their equivalent.	794

(N) "Firearm" has the same meaning as in section 2923.11 of	795
the Revised Code.	796

(O) "Halfway house" means a facility licensed by the division	797
of parole and community services of the department of	798
rehabilitation and correction pursuant to section 2967.14 of the	799
Revised Code as a suitable facility for the care and treatment of	800
adult offenders.	801

(P) "House arrest" means a period of confinement of an	802
offender that is in the offender's home or in other premises	803
specified by the sentencing court or by the parole board pursuant	804
to section 2967.28 of the Revised Code and during which all of the	805
following apply:	806

(1) The offender is required to remain in the offender's home	807
or other specified premises for the specified period of	808
confinement, except for periods of time during which the offender	809
is at the offender's place of employment or at other premises as	810
authorized by the sentencing court or by the parole board.	811

(2) The offender is required to report periodically to a	812
person designated by the court or parole board.	813

(3) The offender is subject to any other restrictions and	814
requirements that may be imposed by the sentencing court or by the	815
parole board.	816

(Q) "Intensive probation supervision" means a requirement	817
that an offender maintain frequent contact with a person appointed	818
by the court, or by the parole board pursuant to section 2967.28	819
of the Revised Code, to supervise the offender while the offender	820
is seeking or maintaining necessary employment and participating	821
in training, education, and treatment programs as required in the	822
court's or parole board's order. "Intensive probation supervision"	823
includes intensive parole supervision and intensive post-release	824
control supervision.	825

(R) "Jail" means a jail, workhouse, minimum security jail, or	826
other residential facility used for the confinement of alleged or	827
convicted offenders that is operated by a political subdivision or	828
a combination of political subdivisions of this state.	829

(S) "Jail term" means the term in a jail that a sentencing	830
court imposes or is authorized to impose pursuant to section	831
2929.24 or 2929.25 of the Revised Code or pursuant to any other	832
provision of the Revised Code that authorizes a term in a jail for	833
a misdemeanor conviction.	834

(T) "Mandatory jail term" means the term in a jail that a	835
sentencing court is required to impose pursuant to division (G) of	836
section 1547.99 of the Revised Code, division (E)(F) of section	837
2903.06 or division (D) of section 2903.08 of the Revised Code,	838
division (E) or (G) of section 2929.24 of the Revised Code,	839
division (B) of section 4510.14 of the Revised Code, or division	840
(G) of section 4511.19 of the Revised Code or pursuant to any	841
other provision of the Revised Code that requires a term in a jail	842
for a misdemeanor conviction.	843

(U) "Delinquent child" has the same meaning as in section	844
2152.02 of the Revised Code.	845

(V) "License violation report" means a report that is made by	846
a sentencing court, or by the parole board pursuant to section	847
2967.28 of the Revised Code, to the regulatory or licensing board	848
or agency that issued an offender a professional license or a	849
license or permit to do business in this state and that specifies	850
that the offender has been convicted of or pleaded guilty to an	851
offense that may violate the conditions under which the offender's	852
professional license or license or permit to do business in this	853
state was granted or an offense for which the offender's	854
professional license or license or permit to do business in this	855
state may be revoked or suspended.	856

(W) "Major drug offender" means an offender who is convicted	857
of or pleads guilty to the possession of, sale of, or offer to	858
sell any drug, compound, mixture, preparation, or substance that	859
consists of or contains at least one thousand grams of hashish; at	860
least one hundred grams of crack cocaine; at least one thousand	861
grams of cocaine that is not crack cocaine; at least two thousand	862
five hundred unit doses or two hundred fifty grams of heroin; at	863
least five thousand unit doses of L.S.D. or five hundred grams of	864
L.S.D. in a liquid concentrate, liquid extract, or liquid	865
distillate form; or at least one hundred times the amount of any	866
other schedule I or II controlled substance other than marihuana	867
that is necessary to commit a felony of the third degree pursuant	868
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	869
Code that is based on the possession of, sale of, or offer to sell	870
the controlled substance.	871

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

872

(1) Subject to division (X)(2) of this section, the term in	873
prison that must be imposed for the offenses or circumstances set	874
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	875
2929.13 and division (D) of section 2929.14 of the Revised Code.	876
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	877
and 2925.11 of the Revised Code, unless the maximum or another	878
specific term is required under section 2929.14 or 2929.142 of the	879
Revised Code, a mandatory prison term described in this division	880
may be any prison term authorized for the level of offense.	881

(2) The term of sixty or one hundred twenty days in prison	882
that a sentencing court is required to impose for a third or	883
fourth degree felony OVI offense pursuant to division (G)(2) of	884
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	885
of the Revised Code or the term of one, two, three, four, or five	886
years in prison that a sentencing court is required to impose	887
pursuant to division (G)(2) of section 2929.13 of the Revised	888
Code.	889

(3) The term in prison imposed pursuant to division (A) of	890
section 2971.03 of the Revised Code for the offenses and in the	891
circumstances described in division (F)(11) of section 2929.13 of	892
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	893
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	894
2971.03 of the Revised Code and that term as modified or	895
terminated pursuant to section 2971.05 of the Revised Code.	896

(Y) "Monitored time" means a period of time during which an	897
offender continues to be under the control of the sentencing court	898
or parole board, subject to no conditions other than leading a	899
law-abiding life.	900

(Z) "Offender" means a person who, in this state, is	901
convicted of or pleads guilty to a felony or a misdemeanor.	902

(AA) "Prison" means a residential facility used for the	903
confinement of convicted felony offenders that is under the	904
control of the department of rehabilitation and correction but	905
does not include a violation sanction center operated under	906
authority of section 2967.141 of the Revised Code.	907

(BB) "Prison term" includes either of the following sanctions	908
for an offender:	909

(1) A stated prison term;

910

(2) A term in a prison shortened by, or with the approval of,	911
the sentencing court pursuant to section 2929.20, 2967.26,	912
5120.031, 5120.032, or 5120.073 of the Revised Code.	913

(CC) "Repeat violent offender" means a person about whom both	914
of the following apply:	915

(1) The person is being sentenced for committing or for	916
complicity in committing any of the following:	917

(a) Aggravated murder, murder, any felony of the first or	918
second degree that is an offense of violence, or an attempt to	919
commit any of these offenses if the attempt is a felony of the	920
first or second degree;	921

(b) An offense under an existing or former law of this state,	922
another state, or the United States that is or was substantially	923
equivalent to an offense described in division (CC)(1)(a) of this	924
section.	925

(2) The person previously was convicted of or pleaded guilty	926
to an offense described in division (CC)(1)(a) or (b) of this	927
section.	928

(DD) "Sanction" means any penalty imposed upon an offender	929
who is convicted of or pleads guilty to an offense, as punishment	930
for the offense. "Sanction" includes any sanction imposed pursuant	931
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	932
2929.28 of the Revised Code.	933

(EE) "Sentence" means the sanction or combination of	934
sanctions imposed by the sentencing court on an offender who is	935
convicted of or pleads guilty to an offense.	936

(FF) "Stated prison term" means the prison term, mandatory	937
prison term, or combination of all prison terms and mandatory	938
prison terms imposed by the sentencing court pursuant to section	939
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	940
2919.25 of the Revised Code. "Stated prison term" includes any	941
credit received by the offender for time spent in jail awaiting	942
trial, sentencing, or transfer to prison for the offense and any	943
time spent under house arrest or house arrest with electronic	944
monitoring imposed after earning credits pursuant to section	945
2967.193 of the Revised Code.	946

(GG) "Victim-offender mediation" means a reconciliation or	947
mediation program that involves an offender and the victim of the	948
offense committed by the offender and that includes a meeting in	949
which the offender and the victim may discuss the offense, discuss	950
restitution, and consider other sanctions for the offense.	951

(HH) "Fourth degree felony OVI offense" means a violation of	952
division (A) of section 4511.19 of the Revised Code that, under	953
division (G) of that section, is a felony of the fourth degree.	954

(II) "Mandatory term of local incarceration" means the term	955
of sixty or one hundred twenty days in a jail, a community-based	956
correctional facility, a halfway house, or an alternative	957
residential facility that a sentencing court may impose upon a	958
person who is convicted of or pleads guilty to a fourth degree	959
felony OVI offense pursuant to division (G)(1) of section 2929.13	960
of the Revised Code and division (G)(1)(d) or (e) of section	961
4511.19 of the Revised Code.	962

(JJ) "Designated homicide, assault, or kidnapping offense,"	963
"violent sex offense," "sexual motivation specification,"	964
"sexually violent offense," "sexually violent predator," and	965
"sexually violent predator specification" have the same meanings	966
as in section 2971.01 of the Revised Code.	967

(KK) "Sexually oriented offense," "child-victim oriented	968
offense," and "tier III sex offender/child-victim offender," have	969
the same meanings as in section 2950.01 of the Revised Code.	970

(LL) An offense is "committed in the vicinity of a child" if	971
the offender commits the offense within thirty feet of or within	972
the same residential unit as a child who is under eighteen years	973
of age, regardless of whether the offender knows the age of the	974
child or whether the offender knows the offense is being committed	975
within thirty feet of or within the same residential unit as the	976
child and regardless of whether the child actually views the	977
commission of the offense.	978

(MM) "Family or household member" has the same meaning as in	979
section 2919.25 of the Revised Code.	980

(NN) "Motor vehicle" and "manufactured home" have the same	981
meanings as in section 4501.01 of the Revised Code.	982

(OO) "Detention" and "detention facility" have the same	983
meanings as in section 2921.01 of the Revised Code.	984

(PP) "Third degree felony OVI offense" means a violation of	985
division (A) of section 4511.19 of the Revised Code that, under	986
division (G) of that section, is a felony of the third degree.	987

(QQ) "Random drug testing" has the same meaning as in section	988
5120.63 of the Revised Code.	989

(RR) "Felony sex offense" has the same meaning as in section	990
2967.28 of the Revised Code.	991

(SS) "Body armor" has the same meaning as in section	992
2941.1411 of the Revised Code.	993

(TT) "Electronic monitoring" means monitoring through the use	994
of an electronic monitoring device.	995

(UU) "Electronic monitoring device" means any of the	996
following:	997

(1) Any device that can be operated by electrical or battery	998
power and that conforms with all of the following:	999

(a) The device has a transmitter that can be attached to a	1000
person, that will transmit a specified signal to a receiver of the	1001
type described in division (UU)(1)(b) of this section if the	1002
transmitter is removed from the person, turned off, or altered in	1003
any manner without prior court approval in relation to electronic	1004
monitoring or without prior approval of the department of	1005
rehabilitation and correction in relation to the use of an	1006
electronic monitoring device for an inmate on transitional control	1007
or otherwise is tampered with, that can transmit continuously and	1008
periodically a signal to that receiver when the person is within a	1009
specified distance from the receiver, and that can transmit an	1010
appropriate signal to that receiver if the person to whom it is	1011
attached travels a specified distance from that receiver.	1012

(b) The device has a receiver that can receive continuously	1013
the signals transmitted by a transmitter of the type described in	1014
division (UU)(1)(a) of this section, can transmit continuously	1015
those signals by a wireless or landline telephone connection to a	1016
central monitoring computer of the type described in division	1017
(UU)(1)(c) of this section, and can transmit continuously an	1018
appropriate signal to that central monitoring computer if the	1019
device has been turned off or altered without prior court approval	1020
or otherwise tampered with. The device is designed specifically	1021
for use in electronic monitoring, is not a converted wireless	1022
phone or another tracking device that is clearly not designed for	1023
electronic monitoring, and provides a means of text-based or voice	1024
communication with the person.	1025

(c) The device has a central monitoring computer that can	1026
receive continuously the signals transmitted by a wireless or	1027
landline telephone connection by a receiver of the type described	1028
in division (UU)(1)(b) of this section and can monitor	1029
continuously the person to whom an electronic monitoring device of	1030
the type described in division (UU)(1)(a) of this section is	1031
attached.	1032

(2) Any device that is not a device of the type described in	1033
division (UU)(1) of this section and that conforms with all of the	1034
following:	1035

(a) The device includes a transmitter and receiver that can	1036
monitor and determine the location of a subject person at any	1037
time, or at a designated point in time, through the use of a	1038
central monitoring computer or through other electronic means.	1039

(b) The device includes a transmitter and receiver that can	1040
determine at any time, or at a designated point in time, through	1041
the use of a central monitoring computer or other electronic means	1042
the fact that the transmitter is turned off or altered in any	1043
manner without prior approval of the court in relation to the	1044
electronic monitoring or without prior approval of the department	1045
of rehabilitation and correction in relation to the use of an	1046
electronic monitoring device for an inmate on transitional control	1047
or otherwise is tampered with.	1048

(3) Any type of technology that can adequately track or	1049
determine the location of a subject person at any time and that is	1050
approved by the director of rehabilitation and correction,	1051
including, but not limited to, any satellite technology, voice	1052
tracking system, or retinal scanning system that is so approved.	1053

(VV) "Non-economic loss" means nonpecuniary harm suffered by	1054
a victim of an offense as a result of or related to the commission	1055
of the offense, including, but not limited to, pain and suffering;	1056
loss of society, consortium, companionship, care, assistance,	1057
attention, protection, advice, guidance, counsel, instruction,	1058
training, or education; mental anguish; and any other intangible	1059
loss.	1060

(WW) "Prosecutor" has the same meaning as in section 2935.01	1061
of the Revised Code.	1062

(XX) "Continuous alcohol monitoring" means the ability to	1063
automatically test and periodically transmit alcohol consumption	1064
levels and tamper attempts at least every hour, regardless of the	1065
location of the person who is being monitored.	1066

(YY) A person is "adjudicated a sexually violent predator" if	1067
the person is convicted of or pleads guilty to a violent sex	1068
offense and also is convicted of or pleads guilty to a sexually	1069
violent predator specification that was included in the	1070
indictment, count in the indictment, or information charging that	1071
violent sex offense or if the person is convicted of or pleads	1072
guilty to a designated homicide, assault, or kidnapping offense	1073
and also is convicted of or pleads guilty to both a sexual	1074
motivation specification and a sexually violent predator	1075
specification that were included in the indictment, count in the	1076
indictment, or information charging that designated homicide,	1077
assault, or kidnapping offense.	1078

(ZZ) An offense is "committed in proximity to a school" if	1079
the offender commits the offense in a school safety zone or within	1080
five hundred feet of any school building or the boundaries of any	1081
school premises, regardless of whether the offender knows the	1082
offense is being committed in a school safety zone or within five	1083
hundred feet of any school building or the boundaries of any	1084
school premises.	1085

(AAA) "Human trafficking" means a scheme or plan to which all	1086
of the following apply:	1087

(1) Its object is to subject a victim or victims to	1088
involuntary servitude, as defined in section 2905.31 of the	1089
Revised Code, to compel a victim or victims to engage in sexual	1090
activity for hire, to engage in a performance that is obscene,	1091
sexually oriented, or nudity oriented, or to be a model or	1092
participant in the production of material that is obscene,	1093
sexually oriented, or nudity oriented.	1094

(2) It involves at least two felony offenses, whether or not	1095
there has been a prior conviction for any of the felony offenses,	1096
to which all of the following apply:	1097

(a) Each of the felony offenses is a violation of section	1098
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	1099
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	1100
(4), or (5) of section 2919.22 of the Revised Code or is a	1101
violation of a law of any state other than this state that is	1102
substantially similar to any of the sections or divisions of the	1103
Revised Code identified in this division.	1104

(b) At least one of the felony offenses was committed in this	1105
state.	1106

(c) The felony offenses are related to the same scheme or	1107
plan and are not isolated instances.	1108

(BBB) "Material," "nudity," "obscene," "performance," and	1109
"sexual activity" have the same meanings as in section 2907.01 of	1110
the Revised Code.	1111

(CCC) "Material that is obscene, sexually oriented, or nudity	1112
oriented" means any material that is obscene, that shows a person	1113
participating or engaging in sexual activity, masturbation, or	1114
bestiality, or that shows a person in a state of nudity.	1115

(DDD) "Performance that is obscene, sexually oriented, or	1116
nudity oriented" means any performance that is obscene, that shows	1117
a person participating or engaging in sexual activity,	1118
masturbation, or bestiality, or that shows a person in a state of	1119
nudity.	1120

Sec. 2935.03.  (A)(1) A sheriff, deputy sheriff, marshal,	1121
deputy marshal, municipal police officer, township constable,	1122
police officer of a township or joint township police district,	1123
member of a police force employed by a metropolitan housing	1124
authority under division (D) of section 3735.31 of the Revised	1125
Code, member of a police force employed by a regional transit	1126
authority under division (Y) of section 306.35 of the Revised	1127
Code, state university law enforcement officer appointed under	1128
section 3345.04 of the Revised Code, veterans' home police officer	1129
appointed under section 5907.02 of the Revised Code, special	1130
police officer employed by a port authority under section 4582.04	1131
or 4582.28 of the Revised Code, or a special police officer	1132
employed by a municipal corporation at a municipal airport, or	1133
other municipal air navigation facility, that has scheduled	1134
operations, as defined in section 119.3 of Title 14 of the Code of	1135
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	1136
required to be under a security program and is governed by	1137
aviation security rules of the transportation security	1138
administration of the United States department of transportation	1139
as provided in Parts 1542. and 1544. of Title 49 of the Code of	1140
Federal Regulations, as amended, shall arrest and detain, until a	1141
warrant can be obtained, a person found violating, within the	1142
limits of the political subdivision, metropolitan housing	1143
authority housing project, regional transit authority facilities	1144
or areas of a municipal corporation that have been agreed to by a	1145
regional transit authority and a municipal corporation located	1146
within its territorial jurisdiction, college, university,	1147
veterans' home operated under Chapter 5907. of the Revised Code,	1148
port authority, or municipal airport or other municipal air	1149
navigation facility, in which the peace officer is appointed,	1150
employed, or elected, a law of this state, an ordinance of a	1151
municipal corporation, or a resolution of a township.	1152

(2) A peace officer of the department of natural resources, a	1153
state fire marshal law enforcement officer described in division	1154
(A)(23) of section 109.71 of the Revised Code, or an individual	1155
designated to perform law enforcement duties under section	1156
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	1157
detain, until a warrant can be obtained, a person found violating,	1158
within the limits of the peace officer's, state fire marshal law	1159
enforcement officer's, or individual's territorial jurisdiction, a	1160
law of this state.	1161

(3) The house sergeant at arms if the house sergeant at arms	1162
has arrest authority pursuant to division (E)(1) of section	1163
101.311 of the Revised Code and an assistant house sergeant at	1164
arms shall arrest and detain, until a warrant can be obtained, a	1165
person found violating, within the limits of the sergeant at	1166
arms's or assistant sergeant at arms's territorial jurisdiction	1167
specified in division (D)(1)(a) of section 101.311 of the Revised	1168
Code or while providing security pursuant to division (D)(1)(f) of	1169
section 101.311 of the Revised Code, a law of this state, an	1170
ordinance of a municipal corporation, or a resolution of a	1171
township.	1172

(B)(1) When there is reasonable ground to believe that an	1173
offense of violence, the offense of criminal child enticement as	1174
defined in section 2905.05 of the Revised Code, the offense of	1175
public indecency as defined in section 2907.09 of the Revised	1176
Code, the offense of domestic violence as defined in section	1177
2919.25 of the Revised Code, the offense of violating a protection	1178
order as defined in section 2919.27 of the Revised Code, the	1179
offense of menacing by stalking as defined in section 2903.211 of	1180
the Revised Code, the offense of aggravated trespass as defined in	1181
section 2911.211 of the Revised Code, a theft offense as defined	1182
in section 2913.01 of the Revised Code, the offense of street	1183
racing as defined in section 4511.251 of the Revised Code or a	1184
substantially equivalent municipal ordinance, or a felony drug	1185
abuse offense as defined in section 2925.01 of the Revised Code,	1186
has been committed within the limits of the political subdivision,	1187
metropolitan housing authority housing project, regional transit	1188
authority facilities or those areas of a municipal corporation	1189
that have been agreed to by a regional transit authority and a	1190
municipal corporation located within its territorial jurisdiction,	1191
college, university, veterans' home operated under Chapter 5907.	1192
of the Revised Code, port authority, or municipal airport or other	1193
municipal air navigation facility, in which the peace officer is	1194
appointed, employed, or elected or within the limits of the	1195
territorial jurisdiction of the peace officer, a peace officer	1196
described in division (A) of this section may arrest and detain	1197
until a warrant can be obtained any person who the peace officer	1198
has reasonable cause to believe is guilty of the violation.	1199

(2) For purposes of division (B)(1) of this section, the	1200
execution of any of the following constitutes reasonable ground to	1201
believe that the offense alleged in the statement was committed	1202
and reasonable cause to believe that the person alleged in the	1203
statement to have committed the offense is guilty of the	1204
violation:	1205

(a) A written statement by a person alleging that an alleged	1206
offender has committed the offense of menacing by stalking or	1207
aggravated trespass;	1208

(b) A written statement by the administrator of the	1209
interstate compact on mental health appointed under section	1210
5119.51 of the Revised Code alleging that a person who had been	1211
hospitalized, institutionalized, or confined in any facility under	1212
an order made pursuant to or under authority of section 2945.37,	1213
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	1214
Revised Code has escaped from the facility, from confinement in a	1215
vehicle for transportation to or from the facility, or from	1216
supervision by an employee of the facility that is incidental to	1217
hospitalization, institutionalization, or confinement in the	1218
facility and that occurs outside of the facility, in violation of	1219
section 2921.34 of the Revised Code;	1220

(c) A written statement by the administrator of any facility	1221
in which a person has been hospitalized, institutionalized, or	1222
confined under an order made pursuant to or under authority of	1223
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1224
2945.402 of the Revised Code alleging that the person has escaped	1225
from the facility, from confinement in a vehicle for	1226
transportation to or from the facility, or from supervision by an	1227
employee of the facility that is incidental to hospitalization,	1228
institutionalization, or confinement in the facility and that	1229
occurs outside of the facility, in violation of section 2921.34 of	1230
the Revised Code.	1231

(3)(a) For purposes of division (B)(1) of this section, a	1232
peace officer described in division (A) of this section has	1233
reasonable grounds to believe that the offense of domestic	1234
violence or the offense of violating a protection order has been	1235
committed and reasonable cause to believe that a particular person	1236
is guilty of committing the offense if any of the following	1237
occurs:	1238

(i) A person executes a written statement alleging that the	1239
person in question has committed the offense of domestic violence	1240
or the offense of violating a protection order against the person	1241
who executes the statement or against a child of the person who	1242
executes the statement.	1243

(ii) No written statement of the type described in division	1244
(B)(3)(a)(i) of this section is executed, but the peace officer,	1245
based upon the peace officer's own knowledge and observation of	1246
the facts and circumstances of the alleged incident of the offense	1247
of domestic violence or the alleged incident of the offense of	1248
violating a protection order or based upon any other information,	1249
including, but not limited to, any reasonably trustworthy	1250
information given to the peace officer by the alleged victim of	1251
the alleged incident of the offense or any witness of the alleged	1252
incident of the offense, concludes that there are reasonable	1253
grounds to believe that the offense of domestic violence or the	1254
offense of violating a protection order has been committed and	1255
reasonable cause to believe that the person in question is guilty	1256
of committing the offense.	1257

(iii) No written statement of the type described in division	1258
(B)(3)(a)(i) of this section is executed, but the peace officer	1259
witnessed the person in question commit the offense of domestic	1260
violence or the offense of violating a protection order.	1261

(b) If pursuant to division (B)(3)(a) of this section a peace	1262
officer has reasonable grounds to believe that the offense of	1263
domestic violence or the offense of violating a protection order	1264
has been committed and reasonable cause to believe that a	1265
particular person is guilty of committing the offense, it is the	1266
preferred course of action in this state that the officer arrest	1267
and detain that person pursuant to division (B)(1) of this section	1268
until a warrant can be obtained.	1269

If pursuant to division (B)(3)(a) of this section a peace	1270
officer has reasonable grounds to believe that the offense of	1271
domestic violence or the offense of violating a protection order	1272
has been committed and reasonable cause to believe that family or	1273
household members have committed the offense against each other,	1274
it is the preferred course of action in this state that the	1275
officer, pursuant to division (B)(1) of this section, arrest and	1276
detain until a warrant can be obtained the family or household	1277
member who committed the offense and whom the officer has	1278
reasonable cause to believe is the primary physical aggressor.	1279
There is no preferred course of action in this state regarding any	1280
other family or household member who committed the offense and	1281
whom the officer does not have reasonable cause to believe is the	1282
primary physical aggressor, but, pursuant to division (B)(1) of	1283
this section, the peace officer may arrest and detain until a	1284
warrant can be obtained any other family or household member who	1285
committed the offense and whom the officer does not have	1286
reasonable cause to believe is the primary physical aggressor.	1287

(c) If a peace officer described in division (A) of this	1288
section does not arrest and detain a person whom the officer has	1289
reasonable cause to believe committed the offense of domestic	1290
violence or the offense of violating a protection order when it is	1291
the preferred course of action in this state pursuant to division	1292
(B)(3)(b) of this section that the officer arrest that person, the	1293
officer shall articulate in the written report of the incident	1294
required by section 2935.032 of the Revised Code a clear statement	1295
of the officer's reasons for not arresting and detaining that	1296
person until a warrant can be obtained.	1297

(d) In determining for purposes of division (B)(3)(b) of this	1298
section which family or household member is the primary physical	1299
aggressor in a situation in which family or household members have	1300
committed the offense of domestic violence or the offense of	1301
violating a protection order against each other, a peace officer	1302
described in division (A) of this section, in addition to any	1303
other relevant circumstances, should consider all of the	1304
following:	1305

(i) Any history of domestic violence or of any other violent	1306
acts by either person involved in the alleged offense that the	1307
officer reasonably can ascertain;	1308

(ii) If violence is alleged, whether the alleged violence was	1309
caused by a person acting in self-defense;	1310

(iii) Each person's fear of physical harm, if any, resulting	1311
from the other person's threatened use of force against any person	1312
or resulting from the other person's use or history of the use of	1313
force against any person, and the reasonableness of that fear;	1314

(iv) The comparative severity of any injuries suffered by the	1315
persons involved in the alleged offense.	1316

(e)(i) A peace officer described in division (A) of this	1317
section shall not require, as a prerequisite to arresting or	1318
charging a person who has committed the offense of domestic	1319
violence or the offense of violating a protection order, that the	1320
victim of the offense specifically consent to the filing of	1321
charges against the person who has committed the offense or sign a	1322
complaint against the person who has committed the offense.	1323

(ii) If a person is arrested for or charged with committing	1324
the offense of domestic violence or the offense of violating a	1325
protection order and if the victim of the offense does not	1326
cooperate with the involved law enforcement or prosecuting	1327
authorities in the prosecution of the offense or, subsequent to	1328
the arrest or the filing of the charges, informs the involved law	1329
enforcement or prosecuting authorities that the victim does not	1330
wish the prosecution of the offense to continue or wishes to drop	1331
charges against the alleged offender relative to the offense, the	1332
involved prosecuting authorities, in determining whether to	1333
continue with the prosecution of the offense or whether to dismiss	1334
charges against the alleged offender relative to the offense and	1335
notwithstanding the victim's failure to cooperate or the victim's	1336
wishes, shall consider all facts and circumstances that are	1337
relevant to the offense, including, but not limited to, the	1338
statements and observations of the peace officers who responded to	1339
the incident that resulted in the arrest or filing of the charges	1340
and of all witnesses to that incident.	1341

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	1342
this section whether to arrest a person pursuant to division	1343
(B)(1) of this section, a peace officer described in division (A)	1344
of this section shall not consider as a factor any possible	1345
shortage of cell space at the detention facility to which the	1346
person will be taken subsequent to the person's arrest or any	1347
possibility that the person's arrest might cause, contribute to,	1348
or exacerbate overcrowding at that detention facility or at any	1349
other detention facility.	1350

(g) If a peace officer described in division (A) of this	1351
section intends pursuant to divisions (B)(3)(a) to (g) of this	1352
section to arrest a person pursuant to division (B)(1) of this	1353
section and if the officer is unable to do so because the person	1354
is not present, the officer promptly shall seek a warrant for the	1355
arrest of the person.	1356

(h) If a peace officer described in division (A) of this	1357
section responds to a report of an alleged incident of the offense	1358
of domestic violence or an alleged incident of the offense of	1359
violating a protection order and if the circumstances of the	1360
incident involved the use or threatened use of a deadly weapon or	1361
any person involved in the incident brandished a deadly weapon	1362
during or in relation to the incident, the deadly weapon that was	1363
used, threatened to be used, or brandished constitutes contraband,	1364
and, to the extent possible, the officer shall seize the deadly	1365
weapon as contraband pursuant to Chapter 2981. of the Revised	1366
Code. Upon the seizure of a deadly weapon pursuant to division	1367
(B)(3)(h) of this section, section 2981.12 of the Revised Code	1368
shall apply regarding the treatment and disposition of the deadly	1369
weapon. For purposes of that section, the "underlying criminal	1370
offense" that was the basis of the seizure of a deadly weapon	1371
under division (B)(3)(h) of this section and to which the deadly	1372
weapon had a relationship is any of the following that is	1373
applicable:	1374

(i) The alleged incident of the offense of domestic violence	1375
or the alleged incident of the offense of violating a protection	1376
order to which the officer who seized the deadly weapon responded;	1377

(ii) Any offense that arose out of the same facts and	1378
circumstances as the report of the alleged incident of the offense	1379
of domestic violence or the alleged incident of the offense of	1380
violating a protection order to which the officer who seized the	1381
deadly weapon responded.	1382

(4) If, in the circumstances described in divisions (B)(3)(a)	1383
to (g) of this section, a peace officer described in division (A)	1384
of this section arrests and detains a person pursuant to division	1385
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	1386
this section, a peace officer described in division (A) of this	1387
section seizes a deadly weapon, the officer, to the extent	1388
described in and in accordance with section 9.86 or 2744.03 of the	1389
Revised Code, is immune in any civil action for damages for	1390
injury, death, or loss to person or property that arises from or	1391
is related to the arrest and detention or the seizure.	1392

(C) When there is reasonable ground to believe that a	1393
violation of division (A)(1), (2), (3), (4), or (5) of section	1394
4506.15 or a violation of section 4511.19 of the Revised Code has	1395
been committed by a person operating a motor vehicle subject to	1396
regulation by the public utilities commission of Ohio under Title	1397
XLIX of the Revised Code, a peace officer with authority to	1398
enforce that provision of law may stop or detain the person whom	1399
the officer has reasonable cause to believe was operating the	1400
motor vehicle in violation of the division or section and, after	1401
investigating the circumstances surrounding the operation of the	1402
vehicle, may arrest and detain the person.	1403

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	1404
municipal police officer, member of a police force employed by a	1405
metropolitan housing authority under division (D) of section	1406
3735.31 of the Revised Code, member of a police force employed by	1407
a regional transit authority under division (Y) of section 306.35	1408
of the Revised Code, special police officer employed by a port	1409
authority under section 4582.04 or 4582.28 of the Revised Code,	1410
special police officer employed by a municipal corporation at a	1411
municipal airport or other municipal air navigation facility	1412
described in division (A) of this section, township constable,	1413
police officer of a township or joint township police district,	1414
state university law enforcement officer appointed under section	1415
3345.04 of the Revised Code, peace officer of the department of	1416
natural resources, individual designated to perform law	1417
enforcement duties under section 511.232, 1545.13, or 6101.75 of	1418
the Revised Code, the house sergeant at arms if the house sergeant	1419
at arms has arrest authority pursuant to division (E)(1) of	1420
section 101.311 of the Revised Code, or an assistant house	1421
sergeant at arms is authorized by division (A) or (B) of this	1422
section to arrest and detain, within the limits of the political	1423
subdivision, metropolitan housing authority housing project,	1424
regional transit authority facilities or those areas of a	1425
municipal corporation that have been agreed to by a regional	1426
transit authority and a municipal corporation located within its	1427
territorial jurisdiction, port authority, municipal airport or	1428
other municipal air navigation facility, college, or university in	1429
which the officer is appointed, employed, or elected or within the	1430
limits of the territorial jurisdiction of the peace officer, a	1431
person until a warrant can be obtained, the peace officer, outside	1432
the limits of that territory, may pursue, arrest, and detain that	1433
person until a warrant can be obtained if all of the following	1434
apply:	1435

(1) The pursuit takes place without unreasonable delay after	1436
the offense is committed;	1437

(2) The pursuit is initiated within the limits of the	1438
political subdivision, metropolitan housing authority housing	1439
project, regional transit authority facilities or those areas of a	1440
municipal corporation that have been agreed to by a regional	1441
transit authority and a municipal corporation located within its	1442
territorial jurisdiction, port authority, municipal airport or	1443
other municipal air navigation facility, college, or university in	1444
which the peace officer is appointed, employed, or elected or	1445
within the limits of the territorial jurisdiction of the peace	1446
officer;	1447

(3) The offense involved is a felony, a misdemeanor of the	1448
first degree or a substantially equivalent municipal ordinance, a	1449
misdemeanor of the second degree or a substantially equivalent	1450
municipal ordinance, or any offense for which points are	1451
chargeable pursuant to section 4510.036 of the Revised Code.	1452

(E) In addition to the authority granted under division (A)	1453
or (B) of this section:	1454

(1) A sheriff or deputy sheriff may arrest and detain, until	1455
a warrant can be obtained, any person found violating section	1456
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	1457
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	1458
portion of any street or highway that is located immediately	1459
adjacent to the boundaries of the county in which the sheriff or	1460
deputy sheriff is elected or appointed.	1461

(2) A member of the police force of a township police	1462
district created under section 505.48 of the Revised Code, a	1463
member of the police force of a joint township police district	1464
created under section 505.481 of the Revised Code, or a township	1465
constable appointed in accordance with section 509.01 of the	1466
Revised Code, who has received a certificate from the Ohio peace	1467
officer training commission under section 109.75 of the Revised	1468
Code, may arrest and detain, until a warrant can be obtained, any	1469
person found violating any section or chapter of the Revised Code	1470
listed in division (E)(1) of this section, other than sections	1471
4513.33 and 4513.34 of the Revised Code, on the portion of any	1472
street or highway that is located immediately adjacent to the	1473
boundaries of the township police district or joint township	1474
police district, in the case of a member of a township police	1475
district or joint township police district police force, or the	1476
unincorporated territory of the township, in the case of a	1477
township constable. However, if the population of the township	1478
that created the township police district served by the member's	1479
police force, or the townships that created the joint township	1480
police district served by the member's police force, or the	1481
township that is served by the township constable, is sixty	1482
thousand or less, the member of the township police district or	1483
joint police district police force or the township constable may	1484
not make an arrest under division (E)(2) of this section on a	1485
state highway that is included as part of the interstate system.	1486

(3) A police officer or village marshal appointed, elected,	1487
or employed by a municipal corporation may arrest and detain,	1488
until a warrant can be obtained, any person found violating any	1489
section or chapter of the Revised Code listed in division (E)(1)	1490
of this section on the portion of any street or highway that is	1491
located immediately adjacent to the boundaries of the municipal	1492
corporation in which the police officer or village marshal is	1493
appointed, elected, or employed.	1494

(4) A peace officer of the department of natural resources, a	1495
state fire marshal law enforcement officer described in division	1496
(A)(23) of section 109.71 of the Revised Code, or an individual	1497
designated to perform law enforcement duties under section	1498
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	1499
detain, until a warrant can be obtained, any person found	1500
violating any section or chapter of the Revised Code listed in	1501
division (E)(1) of this section, other than sections 4513.33 and	1502
4513.34 of the Revised Code, on the portion of any street or	1503
highway that is located immediately adjacent to the boundaries of	1504
the lands and waters that constitute the territorial jurisdiction	1505
of the peace officer or state fire marshal law enforcement	1506
officer.	1507

(F)(1) A department of mental health special police officer	1508
or a department of developmental disabilities special police	1509
officer may arrest without a warrant and detain until a warrant	1510
can be obtained any person found committing on the premises of any	1511
institution under the jurisdiction of the particular department a	1512
misdemeanor under a law of the state.	1513

A department of mental health special police officer or a	1514
department of developmental disabilities special police officer	1515
may arrest without a warrant and detain until a warrant can be	1516
obtained any person who has been hospitalized, institutionalized,	1517
or confined in an institution under the jurisdiction of the	1518
particular department pursuant to or under authority of section	1519
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1520
2945.402 of the Revised Code and who is found committing on the	1521
premises of any institution under the jurisdiction of the	1522
particular department a violation of section 2921.34 of the	1523
Revised Code that involves an escape from the premises of the	1524
institution.	1525

(2)(a) If a department of mental health special police	1526
officer or a department of developmental disabilities special	1527
police officer finds any person who has been hospitalized,	1528
institutionalized, or confined in an institution under the	1529
jurisdiction of the particular department pursuant to or under	1530
authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,	1531
2945.401, or 2945.402 of the Revised Code committing a violation	1532
of section 2921.34 of the Revised Code that involves an escape	1533
from the premises of the institution, or if there is reasonable	1534
ground to believe that a violation of section 2921.34 of the	1535
Revised Code has been committed that involves an escape from the	1536
premises of an institution under the jurisdiction of the	1537
department of mental health or the department of developmental	1538
disabilities and if a department of mental health special police	1539
officer or a department of developmental disabilities special	1540
police officer has reasonable cause to believe that a particular	1541
person who has been hospitalized, institutionalized, or confined	1542
in the institution pursuant to or under authority of section	1543
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1544
2945.402 of the Revised Code is guilty of the violation, the	1545
special police officer, outside of the premises of the	1546
institution, may pursue, arrest, and detain that person for that	1547
violation of section 2921.34 of the Revised Code, until a warrant	1548
can be obtained, if both of the following apply:	1549

(i) The pursuit takes place without unreasonable delay after	1550
the offense is committed;	1551

(ii) The pursuit is initiated within the premises of the	1552
institution from which the violation of section 2921.34 of the	1553
Revised Code occurred.	1554

(b) For purposes of division (F)(2)(a) of this section, the	1555
execution of a written statement by the administrator of the	1556
institution in which a person had been hospitalized,	1557
institutionalized, or confined pursuant to or under authority of	1558
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1559
2945.402 of the Revised Code alleging that the person has escaped	1560
from the premises of the institution in violation of section	1561
2921.34 of the Revised Code constitutes reasonable ground to	1562
believe that the violation was committed and reasonable cause to	1563
believe that the person alleged in the statement to have committed	1564
the offense is guilty of the violation.	1565

(G) As used in this section:

1566

(1) A "department of mental health special police officer"	1567
means a special police officer of the department of mental health	1568
designated under section 5119.14 of the Revised Code who is	1569
certified by the Ohio peace officer training commission under	1570
section 109.77 of the Revised Code as having successfully	1571
completed an approved peace officer basic training program.	1572

(2) A "department of developmental disabilities special	1573
police officer" means a special police officer of the department	1574
of developmental disabilities designated under section 5123.13 of	1575
the Revised Code who is certified by the Ohio peace officer	1576
training council under section 109.77 of the Revised Code as	1577
having successfully completed an approved peace officer basic	1578
training program.	1579

(3) "Deadly weapon" has the same meaning as in section	1580
2923.11 of the Revised Code.	1581

(4) "Family or household member" has the same meaning as in	1582
section 2919.25 of the Revised Code.	1583

(5) "Street" or "highway" has the same meaning as in section	1584
4511.01 of the Revised Code.	1585

(6) "Interstate system" has the same meaning as in section	1586
5516.01 of the Revised Code.	1587

(7) "Peace officer of the department of natural resources"	1588
means an employee of the department of natural resources who is a	1589
natural resources law enforcement staff officer designated	1590
pursuant to section 1501.013 of the Revised Code, a forest officer	1591
designated pursuant to section 1503.29 of the Revised Code, a	1592
preserve officer designated pursuant to section 1517.10 of the	1593
Revised Code, a wildlife officer designated pursuant to section	1594
1531.13 of the Revised Code, a park officer designated pursuant to	1595
section 1541.10 of the Revised Code, or a state watercraft officer	1596
designated pursuant to section 1547.521 of the Revised Code.	1597

(8) "Portion of any street or highway" means all lanes of the	1598
street or highway irrespective of direction of travel, including	1599
designated turn lanes, and any berm, median, or shoulder.	1600

Sec. 4503.234.  (A) If a court orders the criminal forfeiture	1601
of a vehicle pursuant to section 2903.06, 4503.233, 4503.236,	1602
4510.11, 4510.14, 4510.16, 4510.161, 4510.41, 4511.19, 4511.193,	1603
or 4511.203, or 4511.251 of the Revised Code, the order shall be	1604
issued and enforced in accordance with this division, subject to	1605
division (B) of this section. An order of criminal forfeiture	1606
issued under this division shall authorize an appropriate law	1607
enforcement agency to seize the vehicle ordered criminally	1608
forfeited upon the terms and conditions that the court determines	1609
proper. No vehicle ordered criminally forfeited pursuant to this	1610
division shall be considered contraband for purposes of Chapter	1611
2981. of the Revised Code, but the law enforcement agency that	1612
employs the officer who seized it shall hold the vehicle for	1613
disposal in accordance with this section. A forfeiture order may	1614
be issued only after the offender has been provided with an	1615
opportunity to be heard. The prosecuting attorney shall give the	1616
offender written notice of the possibility of forfeiture by	1617
sending a copy of the relevant uniform traffic ticket or other	1618
written notice to the offender not less than seven days prior to	1619
the date of issuance of the forfeiture order. A vehicle is subject	1620
to an order of criminal forfeiture pursuant to this division upon	1621
the conviction of the offender of or plea of guilty by the	1622
offender to a violation of section 2903.06, division (A) of	1623
section 4503.236, section 4510.11, 4510.14, 4510.16, or 4511.203,	1624
or 4511.251, or division (A) of section 4511.19 of the Revised	1625
Code, or a municipal ordinance that is substantially equivalent	1626
to any of those sections or divisions.	1627

(B)(1) Prior to the issuance of an order of criminal	1628
forfeiture pursuant to this section, the law enforcement agency	1629
that employs the law enforcement officer who seized the vehicle	1630
shall conduct or cause to be conducted a search of the appropriate	1631
public records that relate to the vehicle and shall make or cause	1632
to be made reasonably diligent inquiries to identify any	1633
lienholder or any person or entity with an ownership interest in	1634
the vehicle. The court that is to issue the forfeiture order also	1635
shall cause a notice of the potential order relative to the	1636
vehicle and of the expected manner of disposition of the vehicle	1637
after its forfeiture to be sent to any lienholder or person who is	1638
known to the court to have any right, title, or interest in the	1639
vehicle. The court shall give the notice by certified mail, return	1640
receipt requested, or by personal service.	1641

(2) No order of criminal forfeiture shall be issued pursuant	1642
to this section if a lienholder or other person with an ownership	1643
interest in the vehicle establishes to the court, by a	1644
preponderance of the evidence after filing a motion with the	1645
court, that the lienholder or other person neither knew nor should	1646
have known after a reasonable inquiry that the vehicle would be	1647
used or involved, or likely would be used or involved, in the	1648
violation resulting in the issuance of the order of criminal	1649
forfeiture or the violation of the order of immobilization issued	1650
under section 4503.233 of the Revised Code, that the lienholder or	1651
other person did not expressly or impliedly consent to the use or	1652
involvement of the vehicle in that violation, and that the lien or	1653
ownership interest was perfected pursuant to law prior to the	1654
seizure of the vehicle under section 4503.236, 4510.41, 4511.195,	1655
or 4511.203 of the Revised Code. If the lienholder or holder of	1656
the ownership interest satisfies the court that these criteria	1657
have been met, the court shall preserve the lienholder's or other	1658
person's lien or interest, and the court either shall return the	1659
vehicle to the holder, or shall order that the proceeds of any	1660
sale held pursuant to division (C)(2) of this section be paid to	1661
the lienholder or holder of the interest less the costs of	1662
seizure, storage, and maintenance of the vehicle. The court shall	1663
not return a vehicle to a lienholder or a holder of an ownership	1664
interest unless the lienholder or holder submits an affidavit to	1665
the court that states that the lienholder or holder will not	1666
return the vehicle to the person from whom the vehicle was seized	1667
pursuant to the order of criminal forfeiture or to any member of	1668
that person's family and will not otherwise knowingly permit that	1669
person or any member of that person's family to obtain possession	1670
of the vehicle.	1671

(3) No order of criminal forfeiture shall be issued pursuant	1672
to this section if a person with an interest in the vehicle	1673
establishes to the court, by a preponderance of the evidence after	1674
filing a motion with the court, that the person neither knew nor	1675
should have known after a reasonable inquiry that the vehicle had	1676
been used or was involved in the violation resulting in the	1677
issuance of the order of criminal forfeiture or the violation of	1678
the order of immobilization issued under section 4503.233 of the	1679
Revised Code, that the person did not expressly or impliedly	1680
consent to the use or involvement of the vehicle in that	1681
violation, that the interest was perfected in good faith and for	1682
value pursuant to law between the time of the arrest of the	1683
offender and the final disposition of the criminal charge in	1684
question, and that the vehicle was in the possession of the	1685
interest holder at the time of the perfection of the interest. If	1686
the court is satisfied that the interest holder has met these	1687
criteria, the court shall preserve the interest holder's interest,	1688
and the court either shall return the vehicle to the interest	1689
holder or order that the proceeds of any sale held pursuant to	1690
division (C) of this section be paid to the holder of the interest	1691
less the costs of seizure, storage, and maintenance of the	1692
vehicle. The court shall not return a vehicle to an interest	1693
holder unless the holder submits an affidavit to the court stating	1694
that the holder will not return the vehicle to the person from	1695
whom the holder acquired the holder's interest, nor to any member	1696
of that person's family, and the holder will not otherwise	1697
knowingly permit that person or any member of that person's family	1698
to obtain possession of the vehicle.	1699

(C) A vehicle ordered criminally forfeited to the state	1700
pursuant to this section shall be disposed of as follows:	1701

(1) It shall be given to the law enforcement agency that	1702
employs the law enforcement officer who seized the vehicle, if	1703
that agency desires to have it;	1704

(2) If a vehicle is not disposed of pursuant to division	1705
(C)(1) of this section, the vehicle shall be sold, without	1706
appraisal, if the value of the vehicle is two thousand dollars or	1707
more as determined by publications of the national auto dealer's	1708
association, at a public auction to the highest bidder for cash.	1709
Prior to the sale, the prosecuting attorney in the case shall	1710
cause a notice of the proposed sale to be given in accordance with	1711
law. The court shall cause notice of the sale of the vehicle to be	1712
published in a newspaper of general circulation in the county in	1713
which the court is located at least seven days prior to the date	1714
of the sale. The proceeds of a sale under this division or	1715
division (F) of this section shall be applied in the following	1716
order:	1717

(a) First, they shall be applied to the payment of the costs	1718
incurred in connection with the seizure, storage, and maintenance	1719
of, and provision of security for, the vehicle, any proceeding	1720
arising out of the forfeiture, and if any, the sale.	1721

(b) Second, the remaining proceeds after compliance with	1722
division (C)(2)(a) of this section, shall be applied to the	1723
payment of the value of any lien or ownership interest in the	1724
vehicle preserved under division (B) of this section.	1725

(c) Third, the remaining proceeds, after compliance with	1726
divisions (C)(2)(a) and (b) of this section, shall be applied to	1727
the appropriate funds in accordance with divisions (B) and (C) of	1728
section 2981.13 of the Revised Code, provided that the total of	1729
the amount so deposited under this division shall not exceed one	1730
thousand dollars. The remaining proceeds deposited under this	1731
division shall be used only for the purposes authorized by those	1732
divisions and division (D) of that section.	1733

(d) Fourth, the remaining proceeds after compliance with	1734
divisions (C)(2)(a) and (b) of this section and after deposit of a	1735
total amount of one thousand dollars under division (C)(2)(c) of	1736
this section shall be applied so that fifty per cent of those	1737
remaining proceeds is paid into the reparation fund established by	1738
section 2743.191 of the Revised Code, twenty-five per cent is paid	1739
into the drug abuse resistance education programs fund created by	1740
division (F)(2)(e) of section 4511.191 of the Revised Code and	1741
shall be used only for the purposes authorized by division	1742
(F)(2)(e) of that section, and twenty-five per cent is applied to	1743
the appropriate funds in accordance with divisions (B) and (C) of	1744
section 2981.13 of the Revised Code. The proceeds deposited into	1745
any fund described in section 2981.13 of the Revised Code shall be	1746
used only for the purposes authorized by divisions (B)(4)(c), (C),	1747
and (D) of that section.	1748

(D) Except as provided in division (E) of section 4511.203 of	1749
the Revised Code and notwithstanding any other provision of law,	1750
neither the registrar of motor vehicles nor any deputy registrar	1751
shall accept an application for the registration of any motor	1752
vehicle in the name of any person, or register any motor vehicle	1753
in the name of any person, if both of the following apply:	1754

(1) Any vehicle registered in the person's name was	1755
criminally forfeited under this section and section 2903.06,	1756
4503.233, 4503.236, 4510.10, 4510.11, 4510.14, 4510.16, 4510.41,	1757
4511.19, 4511.193, or 4511.203, or 4511.251 of the Revised Code;	1758

(2) Less than five years have expired since the issuance of	1759
the most recent order of criminal forfeiture issued in relation to	1760
a vehicle registered in the person's name.	1761

(E) If a court orders the criminal forfeiture to the state of	1762
a vehicle pursuant to section 2903.06, 4503.233, 4503.236,	1763
4510.10, 4510.11, 4510.14, 4510.16, 4510.161, 4510.41, 4511.19,	1764
4511.193, or 4511.203, or 4511.251 of the Revised Code, the title	1765
to the motor vehicle is assigned or transferred, and division	1766
(B)(2) or (3) of this section applies, in addition to or	1767
independent of any other penalty established by law, the court may	1768
fine the offender the value of the vehicle as determined by	1769
publications of the national auto dealer's association. The	1770
proceeds from any fine imposed under this division shall be	1771
distributed in accordance with division (C)(2) of this section.	1772

(F) As used in this section and divisions (B)(4)(c), (C), and	1773
(D) of section 2981.13 of the Revised Code in relation to proceeds	1774
of the sale of a vehicle under division (C) of this section,	1775
"prosecuting attorney" includes the prosecuting attorney, village	1776
solicitor, city director of law, or similar chief legal officer of	1777
a municipal corporation who prosecutes the case resulting in the	1778
conviction or guilty plea in question.	1779

(G) If the vehicle to be forfeited has an average retail	1780
value of less than two thousand dollars as determined by	1781
publications of the national auto dealer's association, no public	1782
auction is required to be held. In such a case, the court may	1783
direct that the vehicle be disposed of in any manner that it	1784
considers appropriate, including assignment of the certificate of	1785
title to the motor vehicle to a salvage dealer or a scrap metal	1786
processing facility. The court shall not transfer the vehicle to	1787
the person who is the vehicle's immediate previous owner.	1788

If the court assigns the motor vehicle to a salvage dealer or	1789
scrap metal processing facility and the court is in possession of	1790
the certificate of title to the motor vehicle, it shall send the	1791
assigned certificate of title to the motor vehicle to the clerk of	1792
the court of common pleas of the county in which the salvage	1793
dealer or scrap metal processing facility is located. The court	1794
shall mark the face of the certificate of title with the words	1795
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate	1796
of title to the salvage dealer or scrap metal processing facility	1797
for its records.	1798

If the court is not in possession of the certificate of title	1799
to the motor vehicle, the court shall issue an order transferring	1800
ownership of the motor vehicle to a salvage dealer or scrap metal	1801
processing facility, send the order to the clerk of the court of	1802
common pleas of the county in which the salvage dealer or scrap	1803
metal processing facility is located, and send a photocopy of the	1804
order to the salvage dealer or scrap metal processing facility for	1805
its records. The clerk shall make the proper notations or entries	1806
in the clerk's records concerning the disposition of the motor	1807
vehicle.	1808

Sec. 4510.17.  (A) The registrar of motor vehicles shall	1809
impose a class D suspension of the person's driver's license,	1810
commercial driver's license, temporary instruction permit,	1811
probationary license, or nonresident operating privilege for the	1812
period of time specified in division (B)(4) of section 4510.02 of	1813
the Revised Code on any person who is a resident of this state and	1814
is convicted of or pleads guilty to a violation of a statute of	1815
any other state or any federal statute that is substantially	1816
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,	1817
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23,	1818
2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code. Upon	1819
receipt of a report from a court, court clerk, or other official	1820
of any other state or from any federal authority that a resident	1821
of this state was convicted of or pleaded guilty to an offense	1822
described in this division, the registrar shall send a notice by	1823
regular first class mail to the person, at the person's last known	1824
address as shown in the records of the bureau of motor vehicles,	1825
informing the person of the suspension, that the suspension will	1826
take effect twenty-one days from the date of the notice, and that,	1827
if the person wishes to appeal the suspension or denial, the	1828
person must file a notice of appeal within twenty-one days of the	1829
date of the notice requesting a hearing on the matter. If the	1830
person requests a hearing, the registrar shall hold the hearing	1831
not more than forty days after receipt by the registrar of the	1832
notice of appeal. The filing of a notice of appeal does not stay	1833
the operation of the suspension that must be imposed pursuant to	1834
this division. The scope of the hearing shall be limited to	1835
whether the person actually was convicted of or pleaded guilty to	1836
the offense for which the suspension is to be imposed.	1837

The suspension the registrar is required to impose under this	1838
division shall end either on the last day of the class D	1839
suspension period or of the suspension of the person's nonresident	1840
operating privilege imposed by the state or federal court,	1841
whichever is earlier.	1842

The registrar shall subscribe to or otherwise participate in	1843
any information system or register, or enter into reciprocal and	1844
mutual agreements with other states and federal authorities, in	1845
order to facilitate the exchange of information with other states	1846
and the United States government regarding persons who plead	1847
guilty to or are convicted of offenses described in this division	1848
and therefore are subject to the suspension or denial described in	1849
this division.	1850

(B) The registrar shall impose a class D suspension of the	1851
person's driver's license, commercial driver's license, temporary	1852
instruction permit, probationary license, or nonresident operating	1853
privilege for the period of time specified in division (B)(4) of	1854
section 4510.02 of the Revised Code on any person who is a	1855
resident of this state and is convicted of or pleads guilty to a	1856
violation of a statute of any other state or a municipal ordinance	1857
of a municipal corporation located in any other state that is	1858
substantially similar to section 4511.19 of the Revised Code. Upon	1859
receipt of a report from another state made pursuant to section	1860
4510.61 of the Revised Code indicating that a resident of this	1861
state was convicted of or pleaded guilty to an offense described	1862
in this division, the registrar shall send a notice by regular	1863
first class mail to the person, at the person's last known address	1864
as shown in the records of the bureau of motor vehicles, informing	1865
the person of the suspension, that the suspension or denial will	1866
take effect twenty-one days from the date of the notice, and that,	1867
if the person wishes to appeal the suspension, the person must	1868
file a notice of appeal within twenty-one days of the date of the	1869
notice requesting a hearing on the matter. If the person requests	1870
a hearing, the registrar shall hold the hearing not more than	1871
forty days after receipt by the registrar of the notice of appeal.	1872
The filing of a notice of appeal does not stay the operation of	1873
the suspension that must be imposed pursuant to this division. The	1874
scope of the hearing shall be limited to whether the person	1875
actually was convicted of or pleaded guilty to the offense for	1876
which the suspension is to be imposed.	1877

The suspension the registrar is required to impose under this	1878
division shall end either on the last day of the class D	1879
suspension period or of the suspension of the person's nonresident	1880
operating privilege imposed by the state or federal court,	1881
whichever is earlier.	1882

(C) The registrar shall impose a class D suspension of the	1883
child's driver's license, commercial driver's license, temporary	1884
instruction permit, or nonresident operating privilege for the	1885
period of time specified in division (B)(4) of section 4510.02 of	1886
the Revised Code on any child who is a resident of this state and	1887
is convicted of or pleads guilty to a violation of a statute of	1888
any other state or any federal statute that is substantially	1889
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,	1890
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23,	1891
2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code. Upon	1892
receipt of a report from a court, court clerk, or other official	1893
of any other state or from any federal authority that a child who	1894
is a resident of this state was convicted of or pleaded guilty to	1895
an offense described in this division, the registrar shall send a	1896
notice by regular first class mail to the child, at the child's	1897
last known address as shown in the records of the bureau of motor	1898
vehicles, informing the child of the suspension, that the	1899
suspension or denial will take effect twenty-one days from the	1900
date of the notice, and that, if the child wishes to appeal the	1901
suspension, the child must file a notice of appeal within	1902
twenty-one days of the date of the notice requesting a hearing on	1903
the matter. If the child requests a hearing, the registrar shall	1904
hold the hearing not more than forty days after receipt by the	1905
registrar of the notice of appeal. The filing of a notice of	1906
appeal does not stay the operation of the suspension that must be	1907
imposed pursuant to this division. The scope of the hearing shall	1908
be limited to whether the child actually was convicted of or	1909
pleaded guilty to the offense for which the suspension is to be	1910
imposed.	1911

The suspension the registrar is required to impose under this	1912
division shall end either on the last day of the class D	1913
suspension period or of the suspension of the child's nonresident	1914
operating privilege imposed by the state or federal court,	1915
whichever is earlier. If the child is a resident of this state who	1916
is sixteen years of age or older and does not have a current,	1917
valid Ohio driver's or commercial driver's license or permit, the	1918
notice shall inform the child that the child will be denied	1919
issuance of a driver's or commercial driver's license or permit	1920
for six months beginning on the date of the notice. If the child	1921
has not attained the age of sixteen years on the date of the	1922
notice, the notice shall inform the child that the period of	1923
denial of six months shall commence on the date the child attains	1924
the age of sixteen years.	1925

The registrar shall subscribe to or otherwise participate in	1926
any information system or register, or enter into reciprocal and	1927
mutual agreements with other states and federal authorities, in	1928
order to facilitate the exchange of information with other states	1929
and the United States government regarding children who are	1930
residents of this state and plead guilty to or are convicted of	1931
offenses described in this division and therefore are subject to	1932
the suspension or denial described in this division.	1933

(D) The registrar shall impose a class D suspension of the	1934
child's driver's license, commercial driver's license, temporary	1935
instruction permit, probationary license, or nonresident operating	1936
privilege for the period of time specified in division (B)(4) of	1937
section 4510.02 of the Revised Code on any child who is a resident	1938
of this state and is convicted of or pleads guilty to a violation	1939
of a statute of any other state or a municipal ordinance of a	1940
municipal corporation located in any other state that is	1941
substantially similar to section 4511.19 of the Revised Code. Upon	1942
receipt of a report from another state made pursuant to section	1943
4510.61 of the Revised Code indicating that a child who is a	1944
resident of this state was convicted of or pleaded guilty to an	1945
offense described in this division, the registrar shall send a	1946
notice by regular first class mail to the child, at the child's	1947
last known address as shown in the records of the bureau of motor	1948
vehicles, informing the child of the suspension, that the	1949
suspension will take effect twenty-one days from the date of the	1950
notice, and that, if the child wishes to appeal the suspension,	1951
the child must file a notice of appeal within twenty-one days of	1952
the date of the notice requesting a hearing on the matter. If the	1953
child requests a hearing, the registrar shall hold the hearing not	1954
more than forty days after receipt by the registrar of the notice	1955
of appeal. The filing of a notice of appeal does not stay the	1956
operation of the suspension that must be imposed pursuant to this	1957
division. The scope of the hearing shall be limited to whether the	1958
child actually was convicted of or pleaded guilty to the offense	1959
for which the suspension is to be imposed.	1960

The suspension the registrar is required to impose under this	1961
division shall end either on the last day of the class D	1962
suspension period or of the suspension of the child's nonresident	1963
operating privilege imposed by the state or federal court,	1964
whichever is earlier. If the child is a resident of this state who	1965
is sixteen years of age or older and does not have a current,	1966
valid Ohio driver's or commercial driver's license or permit, the	1967
notice shall inform the child that the child will be denied	1968
issuance of a driver's or commercial driver's license or permit	1969
for six months beginning on the date of the notice. If the child	1970
has not attained the age of sixteen years on the date of the	1971
notice, the notice shall inform the child that the period of	1972
denial of six months shall commence on the date the child attains	1973
the age of sixteen years.	1974

(E) Any person whose license or permit has been suspended	1975
pursuant to this section may file a petition in the municipal or	1976
county court, or in case the person is under eighteen years of	1977
age, the juvenile court, in whose jurisdiction the person resides,	1978
agreeing to pay the cost of the proceedings and alleging that the	1979
suspension would seriously affect the person's ability to continue	1980
the person's employment. Upon satisfactory proof that there is	1981
reasonable cause to believe that the suspension would seriously	1982
affect the person's ability to continue the person's employment,	1983
the judge may grant the person limited driving privileges during	1984
the period during which the suspension otherwise would be imposed,	1985
except that the judge shall not grant limited driving privileges	1986
for employment as a driver of a commercial motor vehicle to any	1987
person who would be disqualified from operating a commercial motor	1988
vehicle under section 4506.16 of the Revised Code if the violation	1989
had occurred in this state, or during any of the following periods	1990
of time:	1991

(1) The first fifteen days of a suspension under division (B)	1992
or (D) of this section, if the person has not been convicted	1993
within six years of the date of the offense giving rise to the	1994
suspension under this section of a violation of any of the	1995
following:	1996

(a) Section 4511.19 of the Revised Code, or a municipal	1997
ordinance relating to operating a vehicle while under the	1998
influence of alcohol, a drug of abuse, or alcohol and a drug of	1999
abuse;	2000

(b) A municipal ordinance relating to operating a motor	2001
vehicle with a prohibited concentration of alcohol, a controlled	2002
substance, or a metabolite of a controlled substance in the whole	2003
blood, blood serum or plasma, breath, or urine;	2004

(c) Section 2903.04 of the Revised Code in a case in which	2005
the person was subject to the sanctions described in division (D)	2006
of that section;	2007

(d) Division (A)(1) of section 2903.06 or division (A)(1) of	2008
section 2903.08 of the Revised Code or a municipal ordinance that	2009
is substantially similar to either of those divisions;	2010

(e) Division (A)(2), (3), or (4), or (5) of section 2903.06,	2011
division (A)(2) of section 2903.08, or as it existed prior to	2012
March 23, 2000, section 2903.07 of the Revised Code, or a	2013
municipal ordinance that is substantially similar to any of those	2014
divisions or that former section, in a case in which the jury or	2015
judge found that the person was under the influence of alcohol, a	2016
drug of abuse, or alcohol and a drug of abuse.	2017

(2) The first thirty days of a suspension under division (B)	2018
or (D) of this section, if the person has been convicted one time	2019
within six years of the date of the offense giving rise to the	2020
suspension under this section of any violation identified in	2021
division (E)(1) of this section.	2022

(3) The first one hundred eighty days of a suspension under	2023
division (B) or (D) of this section, if the person has been	2024
convicted two times within six years of the date of the offense	2025
giving rise to the suspension under this section of any violation	2026
identified in division (E)(1) of this section.	2027

(4) No limited driving privileges may be granted if the	2028
person has been convicted three or more times within five years of	2029
the date of the offense giving rise to a suspension under division	2030
(B) or (D) of this section of any violation identified in division	2031
(E)(1) of this section.	2032

If a person petitions for limited driving privileges under	2033
division (E) of this section, the registrar shall be represented	2034
by the county prosecutor of the county in which the person resides	2035
if the petition is filed in a juvenile court or county court,	2036
except that if the person resides within a city or village that is	2037
located within the jurisdiction of the county in which the	2038
petition is filed, the city director of law or village solicitor	2039
of that city or village shall represent the registrar. If the	2040
petition is filed in a municipal court, the registrar shall be	2041
represented as provided in section 1901.34 of the Revised Code.	2042

In granting limited driving privileges under division (E) of	2043
this section, the court may impose any condition it considers	2044
reasonable and necessary to limit the use of a vehicle by the	2045
person. The court shall deliver to the person a permit card, in a	2046
form to be prescribed by the court, setting forth the time, place,	2047
and other conditions limiting the person's use of a motor vehicle.	2048
The grant of limited driving privileges shall be conditioned upon	2049
the person's having the permit in the person's possession at all	2050
times during which the person is operating a vehicle.	2051

A person granted limited driving privileges who operates a	2052
vehicle for other than limited purposes, in violation of any	2053
condition imposed by the court or without having the permit in the	2054
person's possession, is guilty of a violation of section 4510.11	2055
of the Revised Code.	2056

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

2057

(1) "Child" means a person who is under the age of eighteen	2058
years, except that any person who violates a statute or ordinance	2059
described in division (C) or (D) of this section prior to	2060
attaining eighteen years of age shall be deemed a "child"	2061
irrespective of the person's age at the time the complaint or	2062
other equivalent document is filed in the other state or a	2063
hearing, trial, or other proceeding is held in the other state on	2064
the complaint or other equivalent document, and irrespective of	2065
the person's age when the period of license suspension or denial	2066
prescribed in division (C) or (D) of this section is imposed.	2067

(2) "Is convicted of or pleads guilty to" means, as it	2068
relates to a child who is a resident of this state, that in a	2069
proceeding conducted in a state or federal court located in	2070
another state for a violation of a statute or ordinance described	2071
in division (C) or (D) of this section, the result of the	2072
proceeding is any of the following:	2073

(a) Under the laws that govern the proceedings of the court,	2074
the child is adjudicated to be or admits to being a delinquent	2075
child or a juvenile traffic offender for a violation described in	2076
division (C) or (D) of this section that would be a crime if	2077
committed by an adult;	2078

(b) Under the laws that govern the proceedings of the court,	2079
the child is convicted of or pleads guilty to a violation	2080
described in division (C) or (D) of this section;	2081

(c) Under the laws that govern the proceedings of the court,	2082
irrespective of the terminology utilized in those laws, the result	2083
of the court's proceedings is the functional equivalent of	2084
division (F)(2)(a) or (b) of this section.	2085

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

2086

(1) "Arrested person" means a person who is arrested for a	2087
violation of division (A)(5) of section 2903.06 or of section	2088
4510.14, 4510.16, or 4511.203, or 4511.251 of the Revised Code, or	2089
a municipal ordinance that is substantially equivalent to that	2090
division or any of those sections, and whose arrest results in a	2091
vehicle being seized under division (B) of this section.	2092

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

2093

(a) The person in whose name is registered, at the time of	2094
the seizure, a vehicle that is seized under division (B) of this	2095
section;	2096

(b) A person to whom the certificate of title to a vehicle	2097
that is seized under division (B) of this section has been	2098
assigned and who has not obtained a certificate of title to the	2099
vehicle in that person's name, but who is deemed by the court as	2100
being the owner of the vehicle at the time the vehicle was seized	2101
under division (B) of this section.	2102

(3) "Interested party" includes the owner of a vehicle seized	2103
under this section, all lienholders, the arrested person, the	2104
owner of the place of storage at which a vehicle seized under this	2105
section is stored, and the person or entity that caused the	2106
vehicle to be removed.	2107

(B)(1) If a person is arrested for a violation of division	2108
(A)(5) of section 2903.06 or of section 4510.14 or, 4511.203, or	2109
4511.251 of the Revised Code or a municipal ordinance that is	2110
substantially equivalent to eitherthat division or any of those	2111
sections or if a person is arrested for a violation of section	2112
4510.16 of the Revised Code or a municipal ordinance that is	2113
substantially equivalent to that section and if division (B)(3) of	2114
section 4510.16 or division (B)(2) of section 4510.161 of the	2115
Revised Code applies, the arresting officer or another officer of	2116
the law enforcement agency that employs the arresting officer, in	2117
addition to any action that the arresting officer is required or	2118
authorized to take by any other provision of law, shall seize the	2119
vehicle that the person was operating at the time of, or that was	2120
involved in, the alleged offense if the vehicle is registered in	2121
the arrested person's name and its license plates. A law	2122
enforcement agency that employs a law enforcement officer who	2123
makes an arrest of a type that is described in this division and	2124
that involves a rented or leased vehicle that is being rented or	2125
leased for a period of thirty days or less shall notify, within	2126
twenty-four hours after the officer makes the arrest, the lessor	2127
or owner of the vehicle regarding the circumstances of the arrest	2128
and the location at which the vehicle may be picked up. At the	2129
time of the seizure of the vehicle, the law enforcement officer	2130
who made the arrest shall give the arrested person written notice	2131
that the vehicle and its license plates have been seized; that the	2132
vehicle either will be kept by the officer's law enforcement	2133
agency or will be immobilized at least until the person's initial	2134
appearance on the charge of the offense for which the arrest was	2135
made; that, at the initial appearance, the court in certain	2136
circumstances may order that the vehicle and license plates be	2137
released to the arrested person until the disposition of that	2138
charge; that, if the arrested person is convicted of that charge,	2139
the court generally must order the immobilization of the vehicle	2140
and the impoundment of its license plates or the forfeiture of the	2141
vehicle; and that the arrested person may be charged expenses or	2142
charges incurred under this section and section 4503.233 of the	2143
Revised Code for the removal and storage of the vehicle.	2144

(2) The arresting officer or a law enforcement officer of the	2145
agency that employs the arresting officer shall give written	2146
notice of the seizure under division (B)(1) of this section to the	2147
court that will conduct the initial appearance of the arrested	2148
person on the charges arising out of the arrest. Upon receipt of	2149
the notice, the court promptly shall determine whether the	2150
arrested person is the vehicle owner. If the court determines that	2151
the arrested person is not the vehicle owner, it promptly shall	2152
send by regular mail written notice of the seizure to the	2153
vehicle's registered owner. The written notice shall contain all	2154
of the information required by division (B)(1) of this section to	2155
be in a notice to be given to the arrested person and also shall	2156
specify the date, time, and place of the arrested person's initial	2157
appearance. The notice also shall inform the vehicle owner that if	2158
title to a motor vehicle that is subject to an order for criminal	2159
forfeiture under this section is assigned or transferred and	2160
division (B)(2) or (3) of section 4503.234 of the Revised Code	2161
applies, the court may fine the arrested person the value of the	2162
vehicle. The notice also shall state that if the vehicle is	2163
immobilized under division (A) of section 4503.233 of the Revised	2164
Code, seven days after the end of the period of immobilization a	2165
law enforcement agency will send the vehicle owner a notice,	2166
informing the owner that if the release of the vehicle is not	2167
obtained in accordance with division (D)(3) of section 4503.233 of	2168
the Revised Code, the vehicle shall be forfeited. The notice also	2169
shall inform the vehicle owner that the owner may be charged	2170
expenses or charges incurred under this section and section	2171
4503.233 of the Revised Code for the removal and storage of the	2172
vehicle.	2173

The written notice that is given to the arrested person also	2174
shall state that if the person is convicted of or pleads guilty to	2175
the offense and the court issues an immobilization and impoundment	2176
order relative to that vehicle, division (D)(4) of section	2177
4503.233 of the Revised Code prohibits the vehicle from being sold	2178
during the period of immobilization without the prior approval of	2179
the court.	2180

(3) At or before the initial appearance, the vehicle owner	2181
may file a motion requesting the court to order that the vehicle	2182
and its license plates be released to the vehicle owner. Except as	2183
provided in this division and subject to the payment of expenses	2184
or charges incurred in the removal and storage of the vehicle, the	2185
court, in its discretion, then may issue an order releasing the	2186
vehicle and its license plates to the vehicle owner. Such an order	2187
may be conditioned upon such terms as the court determines	2188
appropriate, including the posting of a bond in an amount	2189
determined by the court. If the arrested person is not the vehicle	2190
owner and if the vehicle owner is not present at the arrested	2191
person's initial appearance, and if the court believes that the	2192
vehicle owner was not provided with adequate notice of the initial	2193
appearance, the court, in its discretion, may allow the vehicle	2194
owner to file a motion within seven days of the initial	2195
appearance. If the court allows the vehicle owner to file such a	2196
motion after the initial appearance, the extension of time granted	2197
by the court does not extend the time within which the initial	2198
appearance is to be conducted. If the court issues an order for	2199
the release of the vehicle and its license plates, a copy of the	2200
order shall be made available to the vehicle owner. If the vehicle	2201
owner presents a copy of the order to the law enforcement agency	2202
that employs the law enforcement officer who arrested the arrested	2203
person, the law enforcement agency promptly shall release the	2204
vehicle and its license plates to the vehicle owner upon payment	2205
by the vehicle owner of any expenses or charges incurred in the	2206
removal or storage of the vehicle.	2207

(4) A vehicle seized under division (B)(1) of this section	2208
either shall be towed to a place specified by the law enforcement	2209
agency that employs the arresting officer to be safely kept by the	2210
agency at that place for the time and in the manner specified in	2211
this section or shall be otherwise immobilized for the time and in	2212
the manner specified in this section. A law enforcement officer of	2213
that agency shall remove the identification license plates of the	2214
vehicle, and they shall be safely kept by the agency for the time	2215
and in the manner specified in this section. No vehicle that is	2216
seized and either towed or immobilized pursuant to this division	2217
shall be considered contraband for purposes of Chapter 2981. of	2218
the Revised Code. The vehicle shall not be immobilized at any	2219
place other than a commercially operated private storage lot, a	2220
place owned by a law enforcement or other government agency, or a	2221
place to which one of the following applies:	2222

(a) The place is leased by or otherwise under the control of	2223
a law enforcement or other government agency.	2224

(b) The place is owned by the arrested person, the arrested	2225
person's spouse, or a parent or child of the arrested person.	2226

(c) The place is owned by a private person or entity, and,	2227
prior to the immobilization, the private entity or person that	2228
owns the place, or the authorized agent of that private entity or	2229
person, has given express written consent for the immobilization	2230
to be carried out at that place.	2231

(d) The place is a public street or highway on which the	2232
vehicle is parked in accordance with the law.	2233

(C)(1) A vehicle seized under division (B)(1) of this section	2234
shall be safely kept at the place to which it is towed or	2235
otherwise moved by the law enforcement agency that employs the	2236
arresting officer until the initial appearance of the arrested	2237
person relative to the charge in question. The license plates of	2238
the vehicle that are removed pursuant to division (B)(1) of this	2239
section shall be safely kept by the law enforcement agency that	2240
employs the arresting officer until at least the initial	2241
appearance of the arrested person relative to the charge in	2242
question.	2243

(2)(a) At the initial appearance or not less than seven days	2244
prior to the date of final disposition, the court shall notify the	2245
arrested person that, if title to a motor vehicle that is subject	2246
to an order for criminal forfeiture under this section is assigned	2247
or transferred and division (B)(2) or (3) of section 4503.234 of	2248
the Revised Code applies, the court may fine the arrested person	2249
the value of the vehicle. If, at the initial appearance, the	2250
arrested person pleads guilty to the violation of division (A)(5)	2251
of section 2903.06 or of section 4510.14, 4510.16, or 4511.203, or	2252
4511.251 of the Revised Code, or a municipal ordinance that is	2253
substantially equivalent to that division or any of those sections	2254
or pleads no contest to and is convicted of the violation, the	2255
following sentencing provisions apply:	2256

(i) If the person violated section 4510.14 or 4511.203 of the	2257
Revised Code or a municipal ordinance that is substantially	2258
equivalent to either of those sections, or violated section	2259
4510.16 of the Revised Code or a municipal ordinance that is	2260
substantially equivalent to that section and division (B)(3) of	2261
section 4510.16 or division (B)(2) of section 4510.161 of the	2262
Revised Code applies, the court shall impose sentence upon the	2263
person as provided by law or ordinance; the court shall order the	2264
immobilization of the vehicle the arrested person was operating at	2265
the time of, or that was involved in, the offense if registered in	2266
the arrested person's name and the impoundment of its license	2267
plates under section 4503.233 and section 4510.14, 4510.16,	2268
4510.161, or 4511.203 of the Revised Code or the criminal	2269
forfeiture to the state of the vehicle if registered in the	2270
arrested person's name under section 4503.234 and section 2903.06,	2271
4510.14, 4510.16, 4510.161, or 4511.203, or 4511.251 of the	2272
Revised Code, whichever is applicable; and the vehicle and its	2273
license plates shall not be returned or released to the arrested	2274
person.	2275

(ii) If the person violated section 4510.16 of the Revised	2276
Code or a municipal ordinance that is substantially equivalent to	2277
that section and division (B)(2) of section 4510.16 or division	2278
(B)(1) of section 4510.161 applies, the court shall impose	2279
sentence upon the person as provided by law or ordinance and may	2280
order the immobilization of the vehicle the person was operating	2281
at the time of, or that was involved in, the offense if it is	2282
registered in the arrested person's name and the impoundment of	2283
its license plates under section 4503.233 and section 4510.16 or	2284
4510.161 of the Revised Code, and the vehicle and its license	2285
plates shall not be returned or released to the arrested person.	2286

(b) If, at any time, the charge that the arrested person	2287
violated section 2903.06, 4510.14, 4510.16, or 4511.203, or	2288
4511.251 of the Revised Code, or a municipal ordinance that is	2289
substantially equivalent to any of those sections is dismissed for	2290
any reason, the court shall order that the vehicle seized at the	2291
time of the arrest and its license plates immediately be released	2292
to the person.	2293

(D) If a vehicle and its license plates are seized under	2294
division (B)(1) of this section and are not returned or released	2295
to the arrested person pursuant to division (C) of this section,	2296
the vehicle and its license plates shall be retained until the	2297
final disposition of the charge in question. Upon the final	2298
disposition of that charge, the court shall do whichever of the	2299
following is applicable:	2300

(1) If the arrested person is convicted of or pleads guilty	2301
to the violation of section 4510.14 or 4511.203 of the Revised	2302
Code, or a municipal ordinance that is substantially equivalent to	2303
either of those sections, or to the violation of section 4510.16	2304
of the Revised Code or a municipal ordinance that is substantially	2305
equivalent to that section and division (B)(3) of section 4510.16	2306
or division (B)(2) of section 4510.161 of the Revised Code	2307
applies, the court shall impose sentence upon the person as	2308
provided by law or ordinance and shall order the immobilization of	2309
the vehicle the person was operating at the time of, or that was	2310
involved in, the offense if it is registered in the arrested	2311
person's name and the impoundment of its license plates under	2312
section 4503.233 and section 4510.14, 4510.16, 4510.161, or	2313
4511.203 of the Revised Code or the criminal forfeiture of the	2314
vehicle if it is registered in the arrested person's name under	2315
section 4503.234 and section 2903.06, 4510.14, 4510.16, 4510.161,	2316
or 4511.203, or 4511.251 of the Revised Code, whichever is	2317
applicable.	2318

(2) If the person violated section 4510.16 of the Revised	2319
Code or a municipal ordinance that is substantially equivalent to	2320
that section and division (B)(2) of section 4510.16 or division	2321
(B)(1) of section 4510.161 applies, the court shall impose	2322
sentence upon the person as provided by law or ordinance and may	2323
order the immobilization of the vehicle the person was operating	2324
at the time of, or that was involved in, the offense if it is	2325
registered in the person's name and the impoundment of its license	2326
plates under section 4503.233 and section 4510.16 or 4510.161 of	2327
the Revised Code.	2328

(3) If the arrested person is found not guilty of the	2329
violation of section 2903.06, 4510.14, 4510.16, or 4511.203, or	2330
4511.251 of the Revised Code, or a municipal ordinance that is	2331
substantially equivalent to any of those sections, the court shall	2332
order that the vehicle and its license plates immediately be	2333
released to the arrested person.	2334

(4) If the charge that the arrested person violated section	2335
2903.06, 4510.14, 4510.16, or 4511.203, or 4511.251 of the Revised	2336
Code, or a municipal ordinance that is substantially equivalent to	2337
any of those sections is dismissed for any reason, the court shall	2338
order that the vehicle and its license plates immediately be	2339
released to the arrested person.	2340

(5) If the impoundment of the vehicle was not authorized	2341
under this section, the court shall order that the vehicle and its	2342
license plates be returned immediately to the arrested person or,	2343
if the arrested person is not the vehicle owner, to the vehicle	2344
owner and shall order that the state or political subdivision of	2345
the law enforcement agency served by the law enforcement officer	2346
who seized the vehicle pay all expenses and charges incurred in	2347
its removal and storage.	2348

(E) If a vehicle is seized under division (B)(2) of this	2349
section, the time between the seizure of the vehicle and either	2350
its release to the arrested person pursuant to division (C) of	2351
this section or the issuance of an order of immobilization of the	2352
vehicle under section 4503.233 of the Revised Code shall be	2353
credited against the period of immobilization ordered by the	2354
court.	2355

(F)(1) Except as provided in division (D)(4) of this section,	2356
the arrested person may be charged expenses or charges incurred in	2357
the removal and storage of the immobilized vehicle. The court with	2358
jurisdiction over the case, after notice to all interested	2359
parties, including lienholders, and after an opportunity for them	2360
to be heard, if the court finds that the arrested person does not	2361
intend to seek release of the vehicle at the end of the period of	2362
immobilization under section 4503.233 of the Revised Code or that	2363
the arrested person is not or will not be able to pay the expenses	2364
and charges incurred in its removal and storage, may order that	2365
title to the vehicle be transferred, in order of priority, first	2366
into the name of the person or entity that removed it, next into	2367
the name of a lienholder, or lastly into the name of the owner of	2368
the place of storage.	2369

Any lienholder that receives title under a court order shall	2370
do so on the condition that it pay any expenses or charges	2371
incurred in the vehicle's removal and storage. If the person or	2372
entity that receives title to the vehicle is the person or entity	2373
that removed it, the person or entity shall receive title on the	2374
condition that it pay any lien on the vehicle. The court shall not	2375
order that title be transferred to any person or entity other than	2376
the owner of the place of storage if the person or entity refuses	2377
to receive the title. Any person or entity that receives title	2378
either may keep title to the vehicle or may dispose of the vehicle	2379
in any legal manner that it considers appropriate, including	2380
assignment of the certificate of title to the motor vehicle to a	2381
salvage dealer or a scrap metal processing facility. The person or	2382
entity shall not transfer the vehicle to the person who is the	2383
vehicle's immediate previous owner.	2384

If the person or entity that receives title assigns the motor	2385
vehicle to a salvage dealer or scrap metal processing facility,	2386
the person or entity shall send the assigned certificate of title	2387
to the motor vehicle to the clerk of the court of common pleas of	2388
the county in which the salvage dealer or scrap metal processing	2389
facility is located. The person or entity shall mark the face of	2390
the certificate of title with the words "FOR DESTRUCTION" and	2391
shall deliver a photocopy of the certificate of title to the	2392
salvage dealer or scrap metal processing facility for its records.	2393

(2) Whenever a court issues an order under division (F)(1) of	2394
this section, the court also shall order removal of the license	2395
plates from the vehicle and cause them to be sent to the registrar	2396
if they have not already been sent to the registrar. Thereafter,	2397
no further proceedings shall take place under this section or	2398
under section 4503.233 of the Revised Code.	2399

(3) Prior to initiating a proceeding under division (F)(1) of	2400
this section, and upon payment of the fee under division (B) of	2401
section 4505.14, any interested party may cause a search to be	2402
made of the public records of the bureau of motor vehicles or the	2403
clerk of the court of common pleas, to ascertain the identity of	2404
any lienholder of the vehicle. The initiating party shall furnish	2405
this information to the clerk of the court with jurisdiction over	2406
the case, and the clerk shall provide notice to the arrested	2407
person, any lienholder, and any other interested parties listed by	2408
the initiating party, at the last known address supplied by the	2409
initiating party, by certified mail, or, at the option of the	2410
initiating party, by personal service or ordinary mail.	2411

Sec. 4511.181.  As used in sections 4511.181 to 4511.198 of	2412
the Revised Code:	2413

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

2414

(1) A violation of division (A) or (B) of section 4511.19 of	2415
the Revised Code;	2416

(2) A violation of a municipal OVI ordinance;

2417

(3) A violation of section 2903.04 of the Revised Code in a	2418
case in which the offender was subject to the sanctions described	2419
in division (D) of that section;	2420

(4) A violation of division (A)(1) of section 2903.06 or	2421
2903.08 of the Revised Code or a municipal ordinance that is	2422
substantially equivalent to either of those divisions;	2423

(5) A violation of division (A)(2), (3), or (4), or (5) of	2424
section 2903.06, division (A)(2) of section 2903.08, or former	2425
section 2903.07 of the Revised Code, or a municipal ordinance that	2426
is substantially equivalent to any of those divisions or that	2427
former section, in a case in which a judge or jury as the trier of	2428
fact found that the offender was under the influence of alcohol, a	2429
drug of abuse, or a combination of them;	2430

(6) A violation of division (A) or (B) of section 1547.11 of	2431
the Revised Code;	2432

(7) A violation of a municipal ordinance prohibiting a person	2433
from operating or being in physical control of any vessel underway	2434
or from manipulating any water skis, aquaplane, or similar device	2435
on the waters of this state while under the influence of alcohol,	2436
a drug of abuse, or a combination of them or prohibiting a person	2437
from operating or being in physical control of any vessel underway	2438
or from manipulating any water skis, aquaplane, or similar device	2439
on the waters of this state with a prohibited concentration of	2440
alcohol, a controlled substance, or a metabolite of a controlled	2441
substance in the whole blood, blood serum or plasma, breath, or	2442
urine;	2443

(8) A violation of an existing or former municipal ordinance,	2444
law of another state, or law of the United States that is	2445
substantially equivalent to division (A) or (B) of section 4511.19	2446
or division (A) or (B) of section 1547.11 of the Revised Code;	2447

(9) A violation of a former law of this state that was	2448
substantially equivalent to division (A) or (B) of section 4511.19	2449
or division (A) or (B) of section 1547.11 of the Revised Code.	2450

(B) "Mandatory jail term" means the mandatory term in jail of	2451
three, six, ten, twenty, thirty, or sixty days that must be	2452
imposed under division (G)(1)(a), (b), or (c) of section 4511.19	2453
of the Revised Code upon an offender convicted of a violation of	2454
division (A) of that section and in relation to which all of the	2455
following apply:	2456

(1) Except as specifically authorized under section 4511.19	2457
of the Revised Code, the term must be served in a jail.	2458

(2) Except as specifically authorized under section 4511.19	2459
of the Revised Code, the term cannot be suspended, reduced, or	2460
otherwise modified pursuant to sections 2929.21 to 2929.28 or any	2461
other provision of the Revised Code.	2462

(C) "Municipal OVI ordinance" and "municipal OVI offense"	2463
mean any municipal ordinance prohibiting a person from operating a	2464
vehicle while under the influence of alcohol, a drug of abuse, or	2465
a combination of them or prohibiting a person from operating a	2466
vehicle with a prohibited concentration of alcohol, a controlled	2467
substance, or a metabolite of a controlled substance in the whole	2468
blood, blood serum or plasma, breath, or urine.	2469

(D) "Community residential sanction," "continuous alcohol	2470
monitoring," "jail," "mandatory prison term," "mandatory term of	2471
local incarceration," "sanction," and "prison term" have the same	2472
meanings as in section 2929.01 of the Revised Code.	2473

(E) "Drug of abuse" has the same meaning as in section	2474
4506.01 of the Revised Code.	2475

(F) "Equivalent offense that is vehicle-related" means an	2476
equivalent offense that is any of the following:	2477

(1) A violation described in division (A)(1), (2), (3), (4),	2478
or (5) of this section;	2479

(2) A violation of an existing or former municipal ordinance,	2480
law of another state, or law of the United States that is	2481
substantially equivalent to division (A) or (B) of section 4511.19	2482
of the Revised Code;	2483

(3) A violation of a former law of this state that was	2484
substantially equivalent to division (A) or (B) of section 4511.19	2485
of the Revised Code.	2486

Sec. 4511.251.  (A)(1) As used in this section and section	2487
4510.036 of the Revised Code, "street racing" means the operation	2488
of two or more vehicles from a point side by side at accelerating	2489
speeds in a competitive attempt to out-distance each other or the	2490
operation of one or more vehicles over a common selected course,	2491
from the same point to the same point, wherein timing is made of	2492
the participating vehicles involving competitive accelerations or	2493
speeds. Persons rendering assistance in any manner to such	2494
competitive use of vehicles shall be equally charged as the	2495
participants. The	2496

(2) The operation of two or more vehicles side by side either	2497
at speeds in excess of prima-facie lawful speeds established by	2498
divisions (B)(1)(a) to (B)(8) of section 4511.21 of the Revised	2499
Code or rapidly accelerating from a common starting point to a	2500
speed in excess of such prima-facie lawful speeds shall be	2501
prima-facie evidence of street racing.	2502

(B) No person shall participate in street racing upon any	2503
public road, street, or highway in this state.	2504

(C)(1) Whoever violates division (B) of this section is	2505
guilty of street racing,.	2506

(2) Except as otherwise provided in divisions (C)(3) to (7)	2507
of this section, street racing is a misdemeanor of the first	2508
degree. In addition to any other sanctions, the court shall	2509
suspend the offender's driver's license, commercial driver's	2510
license, temporary instruction permit, probationary license, or	2511
nonresident operating privilege for not less than thirty days or	2512
more than three years. No judge shall suspend the first thirty	2513
days of any suspension of an offender's license, permit, or	2514
privilege imposed under this division	2515

(3) Except as otherwise provided in divisions (C)(4) to (7)	2516
of this section, street racing is a felony of the fifth degree if	2517
the offender knew or had reasonable cause to believe that a device	2518
or apparatus was connected to any vehicle participating in the	2519
street race so as to inject nitrous oxide into the fuel or the	2520
combustion chambers of the engine of the vehicle during the street	2521
race.	2522

(4) Except as otherwise provided in divisions (C)(5) to (7)	2523
of this section, street racing is a felony of the fourth degree if	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

(5) Except as otherwise provided in division (C)(7) of this	2534
section, street racing is a felony of the third degree if the	2535
offender knew or had reasonable cause to believe that a device or	2536
apparatus was connected to any vehicle participating in the street	2537
race so as to inject nitrous oxide into the fuel or the combustion	2538
chambers of the engine of the vehicle during the street race and	2539
either of the following applies:	2540

(a) The offender previously has been convicted of or pleaded	2541
guilty to one or more violations of section 4511.20 of the Revised	2542
Code, division (B) of this section, or a municipal ordinance that	2543
is substantially equivalent to that section or division;	2544

(b) The violation caused physical harm to property in an	2545
amount exceeding one thousand dollars or physical harm to any	2546
person, whether or not the physical harm was caused directly by	2547
the offender.	2548

(6) Except as otherwise provided in division (C)(7) of this	2549
section, street racing is a felony of the third degree if the	2550
violation caused serious physical harm to any person, whether or	2551
not the serious physical harm was caused directly by the offender.	2552

(7) Street racing is a felony of the second degree if the	2553
offender knew or had reasonable cause to believe that a device or	2554
apparatus was connected to any vehicle participating in the street	2555
race so as to inject nitrous oxide into the fuel or the combustion	2556
chambers of the engine of the vehicle during the street race and	2557
the violation caused serious physical harm to any person, whether	2558
or not the serious physical harm was caused directly by the	2559
offender.	2560

(D) In addition to any other penalty for a violation of	2561
division (B) of this section, the court shall suspend the	2562
offender's driver's license, commercial driver's license,	2563
temporary instruction permit, probationary license, or nonresident	2564
operating privilege for a period of not less than thirty days and	2565
not more than three years.	2566

(E)(1) In addition to any other sanctions and in accordance	2567
with divisions (E)(2) and (3) of this section, the court shall	2568
order the immobilization and impoundment of the license plates of	2569
or criminal forfeiture of the motor vehicle the offender was	2570
operating at the time the offender violated division (B) of this	2571
section if either of the following applies:	2572

(a) The motor vehicle the offender was operating at the time	2573
of the violation is registered in the offender's name.	2574

(b) The motor vehicle the offender was operating at the time	2575
of the violation is not registered in the offender's name but is	2576
registered in the name of another person, and the person in whose	2577
name the motor vehicle is registered knew or had reasonable cause	2578
to believe that the offender would operate the motor vehicle in	2579
violation of section 4511.251 of the Revised Code or a	2580
substantially equivalent municipal ordinance.	2581

(2) When division (E)(1) of this section applies, the court	2582
shall order the immobilization of the vehicle involved in the	2583
offense for a period of one hundred eighty days in accordance with	2584
section 4503.233 of the Revised Code and impoundment of the	2585
license plates of that vehicle for a period of one hundred eighty	2586
days in any case in which the penalty for a violation of division	2587
(B) of this section is a misdemeanor of the first degree. In all	2588
other cases in which division (E)(1) of this section applies, the	2589
court shall order the criminal forfeiture of the vehicle.	2590

(3) Any forfeiture of a motor vehicle under this section	2591
shall be in accordance with section 4503.234 of the Revised Code.	2592
If title to a motor vehicle that is subject to an order of	2593
criminal forfeiture under this section is assigned or transferred	2594
and division (B)(2) or (3) of section 4503.234 of the Revised Code	2595
applies, the court, in addition to any other sanctions, may fine	2596
the offender the value of the vehicle as determined by	2597
publications of the national auto dealers association. The	2598
proceeds of any fine so imposed shall be distributed in accordance	2599
with division (C)(2) of that section.	2600

Sec. 4511.253. Every retailer who sells at retail nitrous	2601
oxide shall conspicuously post a sign that contains the following	2602
language: "Street racing on the public roads, streets, and	2603
highways of Ohio is illegal and punishable by a fine, a jail term	2604
or prison term, suspension of a person's driver's or commercial	2605
driver's license, and criminal forfeiture of any vehicle involved	2606
in a street race. Violators of Ohio's prohibition on street racing	2607
are subject to increased penalties if the motor vehicle operated	2608
by the individual in an illegal street race is enhanced by the use	2609
of nitrous oxide." The sign shall be of sufficient size to be	2610
clearly legible to a person of normal vision. The department of	2611
public safety shall make the sign available at no charge on its	2612
internet web site.	2613

Section 2.  That existing sections 2743.51, 2903.06, 2929.01,	2614
2935.03, 4503.234, 4510.17, 4510.41, 4511.181, and 4511.251 of the	2615
Revised Code are hereby repealed.	2616

Section 3. The "Ohio Uniform Traffic Ticket," described in	2617
Traffic Rule 3(A) and (B), shall be amended as needed in order to	2618
implement this act.	2619

Section 4. The General Assembly, applying the principle	2620
stated in division (B) of section 1.52 of the Revised Code that	2621
amendments are to be harmonized if reasonably capable of	2622
simultaneous operation, finds that the following sections,	2623
presented in this act as composites of the sections as amended by	2624
the acts indicated, are the resulting versions of the sections in	2625
effect prior to the effective date of the sections as presented in	2626
this act:	2627

Section 4503.234 of the Revised Code as amended by both Sub.	2628
H.B. 241 and Am. Sub. H.B. 461 of the 126th General Assembly.	2629

Section 4510.41 of the Revised Code as amended by both Sub.	2630
H.B. 241 and Am. Sub. H.B. 461 of the 126th General Assembly.	2631