Bill Text: OH SB337 | 2011-2012 | 129th General Assembly | Enrolled


Bill Title: And to amend Section 5 of Am. Sub. H.B. 86 of the 129th General Assembly to exclude most juvenile proceedings and adjudications from criminal records checks; to ensure that persons sentenced to confinement receive credit for time served in juvenile facilities; to expand eligibility for the sealing of criminal records and to eliminate the prohibition of the sealing of juvenile records in certain cases; to make the use or possession with purpose to use drug paraphernalia with marihuana a minor misdemeanor; to provide that a court's failure to warn an offender at sentencing about the possibility that the court may order community service if the offender fails to pay the costs of prosecution does not negate or limit the authority of the court to so order community service; to permit an individual subject to civil sanctions as a result of a conviction of or plea of guilty to a criminal offense to file a petition for relief from the sanctions and establish a procedure for the review of such petitions; to permit the court of common pleas of the individual's county of residence to issue a certificate of qualification for employment; to permit decision-makers to consider on a case-by-case basis whether to grant or deny the issuance or restoration of an occupational license or employment opportunity to an offender who has been issued such a certificate regardless of the offender's possession of the certificate and without reconsidering or rejecting any finding made by the issuing court; to provide for the revocation of a certificate of qualification for employment; to increase from eighteen to twenty-one the age at which certain offenders may be held in places not authorized for the confinement of children; to increase the juvenile court's jurisdiction over certain specified cases solely for the purpose of detaining a person while the person's case is heard in adult court; to create a process by which a prosecutor may file a motion in juvenile court to request that a person be held in a place other than those specified for the placement for children while the person's case is heard in adult court; to amend the law governing child support; to modify the penalty for driving under suspension if the suspension was imposed as part of the penalty for certain violations that do not directly involve the operation of a motor vehicle; to make changes in certain other driver's license suspension provisions; to require the Department of Public Safety to study the advisability and feasibility of a one-time amnesty program for drivers who have not paid fees or fines owed by them for motor vehicle offenses and driver's license suspensions; to define the terms moral turpitude and disqualifying offense as applied to certain employment; to provide for criminal records checks and a license issuance restriction regarding applicants for a trainee license for a profession or occupation; to require the Casino Control Commission to notify each applicant for a license from the Commission who is denied the license of the reasons for the denial and to provide an annual report to the General Assembly and Governor that specifies the number of license applications denied in the year and the reasons for the denial; to add an ex-offender appointed by the Director of Rehabilitation and Correction to the Ex-offender Reentry Coalition; to increase the time limit for a prosecutor to file a motion in juvenile court that objects to the imposition of a serious youthful offender dispositional sentence; to prohibit competency attainment reports and juvenile bindover evaluation reports from including details of the alleged offense as reported by the child; to require juvenile bindover evaluation reports to be completed within forty-five days unless an extension is granted; to require the Department of Youth Services to develop minimum standards for training of juvenile offender probation officers; to extend the deadline for the Ohio Interagency Task Force on Mental Health and Juvenile Justice to issue a report of its findings and recommendations; to revise the penalties for certain fifth degree felony drug offenses to generally favor not imposing a prison term; to permit the judges of the various courts of the state that supervise a concurrent supervision offender to authorize the chief probation officer to manage concurrent supervision offenders; to expand the availability of the probation improvement and incentive grants to municipal and county courts; to transfer control of the transitional control program from the Adult Parole Authority to the Division of Parole and Community Services; to amend the penalty for failure to comply with an order or signal of a police officer; to eliminate the requirement that a court sentencing a felony offender provide notice of possible eligibility for earning days of credit; and to prohibit the preclusion of individuals from obtaining or renewing certain licenses, certifications, or permits due to any past criminal history unless the individual had committed a crime of moral turpitude or a disqualifying offense.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-09-28 - Effective Date [SB337 Detail]

Download: Ohio-2011-SB337-Enrolled.html
As Enrolled

129th General Assembly
Regular Session
2011-2012
Am. Sub. S. B. No. 337


Senators Seitz, Smith 

Cosponsors: Senators Wagoner, Lehner, LaRose, Turner, Brown, Burke, Hite, Niehaus, Sawyer, Schiavoni, Skindell, Tavares 

Representatives Schuring, Conditt, Winburn, Bubp, Combs, Garland, Hayes, Heard, Pillich, Uecker, Williams, Amstutz, Antonio, Ashford, Barnes, Beck, Blair, Boyce, Brenner, Butler, Carney, Clyde, Derickson, Dovilla, Driehaus, Duffey, Fedor, Fende, Foley, Gerberry, Goyal, Grossman, Hackett, Hagan, C., Hagan, R., Hall, Hill, Huffman, Johnson, Kozlowski, Letson, Mallory, Martin, McClain, McGregor, Milkovich, Murray, Newbold, O'Brien, Patmon, Pelanda, Phillips, Ramos, Reece, Roegner, Ruhl, Sears, Slaby, M., Smith, Stautberg, Stebelton, Stinziano, Sykes, Szollosi, Thompson, Young Speaker Batchelder 



A BILL
To amend sections 109.57, 109.572, 109.578, 307.932, 1
2151.356, 2152.02, 2152.12, 2152.121, 2152.18, 2
2152.26, 2152.52, 2152.56, 2152.59, 2301.27, 3
2301.271, 2705.031, 2907.24, 2913.02, 2921.331, 4
2923.122, 2925.03, 2925.04, 2925.14, 2925.38, 5
2929.14, 2929.19, 2929.26, 2929.41, 2947.23, 6
2949.08, 2951.022, 2953.08, 2953.31, 2953.32, 7
2953.34, 2953.36, 2961.22, 2967.191, 2967.193, 8
2967.26, 3119.01, 3119.05, 3123.58, 3772.10, 9
4301.99, 4501.02, 4503.233, 4503.234, 4507.02, 10
4507.164, 4509.06, 4509.101, 4510.10, 4510.11, 11
4510.111, 4510.16, 4510.161, 4510.17, 4510.41, 12
4510.54, 4513.02, 4513.021, 4513.99, 4713.07, 13
4713.28, 4725.44, 4725.48, 4725.52, 4725.53, 14
4738.04, 4738.07, 4740.05, 4740.06, 4740.10, 15
4747.04, 4747.05, 4747.10, 4747.12, 4749.03, 16
4749.04, 4749.06, 4776.04, 5111.032, 5111.033, 17
5111.034, 5120.07, 5149.311, 5502.011, and 18
5743.99, and to enact sections 2925.141, 2953.25, 19
4776.021, and 4776.10 of the Revised Code and to 20
amend Section 5 of Am. Sub. H.B. 86 of the 129th 21
General Assembly to exclude most juvenile 22
proceedings and adjudications from criminal 23
records checks; to ensure that persons sentenced 24
to confinement receive credit for time served in 25
juvenile facilities; to expand eligibility for the 26
sealing of criminal records and to eliminate the 27
prohibition of the sealing of juvenile records in 28
certain cases; to make the use or possession with 29
purpose to use drug paraphernalia with marihuana a 30
minor misdemeanor; to provide that a court's 31
failure to warn an offender at sentencing about 32
the possibility that the court may order community 33
service if the offender fails to pay the costs of 34
prosecution does not negate or limit the authority 35
of the court to so order community service; to 36
permit an individual subject to civil sanctions as 37
a result of a conviction of or plea of guilty to a 38
criminal offense to file a petition for relief 39
from the sanctions and establish a procedure for 40
the review of such petitions; to permit the court 41
of common pleas of the individual's county of 42
residence to issue a certificate of qualification 43
for employment; to permit decision-makers to 44
consider on a case-by-case basis whether to grant 45
or deny the issuance or restoration of an 46
occupational license or employment opportunity to 47
an offender who has been issued such a certificate 48
regardless of the offender's possession of the 49
certificate and without reconsidering or rejecting 50
any finding made by the issuing court; to provide 51
for the revocation of a certificate of 52
qualification for employment; to increase from 53
eighteen to twenty-one the age at which certain 54
offenders may be held in places not authorized for 55
the confinement of children; to increase the 56
juvenile court's jurisdiction over certain 57
specified cases solely for the purpose of 58
detaining a person while the person's case is 59
heard in adult court; to create a process by which 60
a prosecutor may file a motion in juvenile court 61
to request that a person be held in a place other 62
than those specified for the placement for 63
children while the person's case is heard in adult 64
court; to amend the law governing child support; 65
to modify the penalty for driving under suspension 66
if the suspension was imposed as part of the 67
penalty for certain violations that do not 68
directly involve the operation of a motor vehicle; 69
to make changes in certain other driver's license 70
suspension provisions; to require the Department 71
of Public Safety to study the advisability and 72
feasibility of a one-time amnesty program for 73
drivers who have not paid fees or fines owed by 74
them for motor vehicle offenses and driver's 75
license suspensions; to define the terms moral 76
turpitude and disqualifying offense as applied to 77
certain employment; to provide for criminal 78
records checks and a license issuance restriction 79
regarding applicants for a trainee license for a 80
profession or occupation; to require the Casino 81
Control Commission to notify each applicant for a 82
license from the Commission who is denied the 83
license of the reasons for the denial and to 84
provide an annual report to the General Assembly 85
and Governor that specifies the number of license 86
applications denied in the year and the reasons 87
for the denial; to add an ex-offender appointed by 88
the Director of Rehabilitation and Correction to 89
the Ex-offender Reentry Coalition; to increase the 90
time limit for a prosecutor to file a motion in 91
juvenile court that objects to the imposition of a 92
serious youthful offender dispositional sentence; 93
to prohibit competency attainment reports and 94
juvenile bindover evaluation reports from 95
including details of the alleged offense as 96
reported by the child; to require juvenile 97
bindover evaluation reports to be completed within 98
forty-five days unless an extension is granted; to 99
require the Department of Youth Services to 100
develop minimum standards for training of juvenile 101
offender probation officers; to extend the 102
deadline for the Ohio Interagency Task Force on 103
Mental Health and Juvenile Justice to issue a 104
report of its findings and recommendations; to 105
revise the penalties for certain fifth degree 106
felony drug offenses to generally favor not 107
imposing a prison term; to permit the judges of 108
the various courts of the state that supervise a 109
concurrent supervision offender to authorize the 110
chief probation officer to manage concurrent 111
supervision offenders; to expand the availability 112
of the probation improvement and incentive grants 113
to municipal and county courts; to transfer 114
control of the transitional control program from 115
the Adult Parole Authority to the Division of 116
Parole and Community Services; to amend the 117
penalty for failure to comply with an order or 118
signal of a police officer; to eliminate the 119
requirement that a court sentencing a felony 120
offender provide notice of possible eligibility 121
for earning days of credit; and to prohibit the 122
preclusion of individuals from obtaining or 123
renewing certain licenses, certifications, or 124
permits due to any past criminal history unless 125
the individual had committed a crime of moral 126
turpitude or a disqualifying offense.127


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

       Section 1. That sections 109.57, 109.572, 109.578, 307.932, 128
2151.356, 2152.02, 2152.12, 2152.121, 2152.18, 2152.26, 2152.52, 129
2152.56, 2152.59, 2301.27, 2301.271, 2705.031, 2907.24, 2913.02, 130
2921.331, 2923.122, 2925.03, 2925.04, 2925.14, 2925.38, 2929.14, 131
2929.19, 2929.26, 2929.41, 2947.23, 2949.08, 2951.022, 2953.08, 132
2953.31, 2953.32, 2953.34, 2953.36, 2961.22, 2967.191, 2967.193, 133
2967.26, 3119.01, 3119.05, 3123.58, 3772.10, 4301.99, 4501.02, 134
4503.233, 4503.234, 4507.02, 4507.164, 4509.06, 4509.101, 4510.10, 135
4510.11, 4510.111, 4510.16, 4510.161, 4510.17, 4510.41, 4510.54, 136
4513.02, 4513.021, 4513.99, 4713.07, 4713.28, 4725.44, 4725.48, 137
4725.52, 4725.53, 4738.04, 4738.07, 4740.05, 4740.06, 4740.10, 138
4747.04, 4747.05, 4747.10, 4747.12, 4749.03, 4749.04, 4749.06, 139
4776.04, 5111.032, 5111.033, 5111.034, 5120.07, 5149.311, 140
5502.011, and 5743.99 be amended, and sections 2925.141, 2953.25, 141
4776.021, and 4776.10 of the Revised Code be enacted to read as 142
follows:143

       Sec. 109.57.  (A)(1) The superintendent of the bureau of 144
criminal identification and investigation shall procure from 145
wherever procurable and file for record photographs, pictures, 146
descriptions, fingerprints, measurements, and other information 147
that may be pertinent of all persons who have been convicted of 148
committing within this state a felony, any crime constituting a 149
misdemeanor on the first offense and a felony on subsequent 150
offenses, or any misdemeanor described in division (A)(1)(a), 151
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 152
of all children under eighteen years of age who have been 153
adjudicated delinquent children for committing within this state 154
an act that would be a felony or an offense of violence if 155
committed by an adult or who have been convicted of or pleaded 156
guilty to committing within this state a felony or an offense of 157
violence, and of all well-known and habitual criminals. The person 158
in charge of any county, multicounty, municipal, municipal-county, 159
or multicounty-municipal jail or workhouse, community-based 160
correctional facility, halfway house, alternative residential 161
facility, or state correctional institution and the person in 162
charge of any state institution having custody of a person 163
suspected of having committed a felony, any crime constituting a 164
misdemeanor on the first offense and a felony on subsequent 165
offenses, or any misdemeanor described in division (A)(1)(a), 166
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or 167
having custody of a child under eighteen years of age with respect 168
to whom there is probable cause to believe that the child may have 169
committed an act that would be a felony or an offense of violence 170
if committed by an adult shall furnish such material to the 171
superintendent of the bureau. Fingerprints, photographs, or other 172
descriptive information of a child who is under eighteen years of 173
age, has not been arrested or otherwise taken into custody for 174
committing an act that would be a felony or an offense of violence 175
who is not in any other category of child specified in this 176
division, if committed by an adult, has not been adjudicated a 177
delinquent child for committing an act that would be a felony or 178
an offense of violence if committed by an adult, has not been 179
convicted of or pleaded guilty to committing a felony or an 180
offense of violence, and is not a child with respect to whom there 181
is probable cause to believe that the child may have committed an 182
act that would be a felony or an offense of violence if committed 183
by an adult shall not be procured by the superintendent or 184
furnished by any person in charge of any county, multicounty, 185
municipal, municipal-county, or multicounty-municipal jail or 186
workhouse, community-based correctional facility, halfway house, 187
alternative residential facility, or state correctional 188
institution, except as authorized in section 2151.313 of the 189
Revised Code. 190

       (2) Every clerk of a court of record in this state, other 191
than the supreme court or a court of appeals, shall send to the 192
superintendent of the bureau a weekly report containing a summary 193
of each case involving a felony, involving any crime constituting 194
a misdemeanor on the first offense and a felony on subsequent 195
offenses, involving a misdemeanor described in division (A)(1)(a), 196
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 197
or involving an adjudication in a case in which a child under 198
eighteen years of age was alleged to be a delinquent child for 199
committing an act that would be a felony or an offense of violence 200
if committed by an adult. The clerk of the court of common pleas 201
shall include in the report and summary the clerk sends under this 202
division all information described in divisions (A)(2)(a) to (f) 203
of this section regarding a case before the court of appeals that 204
is served by that clerk. The summary shall be written on the 205
standard forms furnished by the superintendent pursuant to 206
division (B) of this section and shall include the following 207
information: 208

       (a) The incident tracking number contained on the standard 209
forms furnished by the superintendent pursuant to division (B) of 210
this section; 211

       (b) The style and number of the case; 212

       (c) The date of arrest, offense, summons, or arraignment; 213

       (d) The date that the person was convicted of or pleaded 214
guilty to the offense, adjudicated a delinquent child for 215
committing the act that would be a felony or an offense of 216
violence if committed by an adult, found not guilty of the 217
offense, or found not to be a delinquent child for committing an 218
act that would be a felony or an offense of violence if committed 219
by an adult, the date of an entry dismissing the charge, an entry 220
declaring a mistrial of the offense in which the person is 221
discharged, an entry finding that the person or child is not 222
competent to stand trial, or an entry of a nolle prosequi, or the 223
date of any other determination that constitutes final resolution 224
of the case; 225

       (e) A statement of the original charge with the section of 226
the Revised Code that was alleged to be violated; 227

       (f) If the person or child was convicted, pleaded guilty, or 228
was adjudicated a delinquent child, the sentence or terms of 229
probation imposed or any other disposition of the offender or the 230
delinquent child. 231

       If the offense involved the disarming of a law enforcement 232
officer or an attempt to disarm a law enforcement officer, the 233
clerk shall clearly state that fact in the summary, and the 234
superintendent shall ensure that a clear statement of that fact is 235
placed in the bureau's records. 236

       (3) The superintendent shall cooperate with and assist 237
sheriffs, chiefs of police, and other law enforcement officers in 238
the establishment of a complete system of criminal identification 239
and in obtaining fingerprints and other means of identification of 240
all persons arrested on a charge of a felony, any crime 241
constituting a misdemeanor on the first offense and a felony on 242
subsequent offenses, or a misdemeanor described in division 243
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the 244
Revised Code and of all children under eighteen years of age 245
arrested or otherwise taken into custody for committing an act 246
that would be a felony or an offense of violence if committed by 247
an adult. The superintendent also shall file for record the 248
fingerprint impressions of all persons confined in a county, 249
multicounty, municipal, municipal-county, or multicounty-municipal 250
jail or workhouse, community-based correctional facility, halfway 251
house, alternative residential facility, or state correctional 252
institution for the violation of state laws and of all children 253
under eighteen years of age who are confined in a county, 254
multicounty, municipal, municipal-county, or multicounty-municipal 255
jail or workhouse, community-based correctional facility, halfway 256
house, alternative residential facility, or state correctional 257
institution or in any facility for delinquent children for 258
committing an act that would be a felony or an offense of violence 259
if committed by an adult, and any other information that the 260
superintendent may receive from law enforcement officials of the 261
state and its political subdivisions. 262

       (4) The superintendent shall carry out Chapter 2950. of the 263
Revised Code with respect to the registration of persons who are 264
convicted of or plead guilty to a sexually oriented offense or a 265
child-victim oriented offense and with respect to all other duties 266
imposed on the bureau under that chapter. 267

       (5) The bureau shall perform centralized recordkeeping 268
functions for criminal history records and services in this state 269
for purposes of the national crime prevention and privacy compact 270
set forth in section 109.571 of the Revised Code and is the 271
criminal history record repository as defined in that section for 272
purposes of that compact. The superintendent or the 273
superintendent's designee is the compact officer for purposes of 274
that compact and shall carry out the responsibilities of the 275
compact officer specified in that compact. 276

       (B) The superintendent shall prepare and furnish to every 277
county, multicounty, municipal, municipal-county, or 278
multicounty-municipal jail or workhouse, community-based 279
correctional facility, halfway house, alternative residential 280
facility, or state correctional institution and to every clerk of 281
a court in this state specified in division (A)(2) of this section 282
standard forms for reporting the information required under 283
division (A) of this section. The standard forms that the 284
superintendent prepares pursuant to this division may be in a 285
tangible format, in an electronic format, or in both tangible 286
formats and electronic formats. 287

       (C)(1) The superintendent may operate a center for 288
electronic, automated, or other data processing for the storage 289
and retrieval of information, data, and statistics pertaining to 290
criminals and to children under eighteen years of age who are 291
adjudicated delinquent children for committing an act that would 292
be a felony or an offense of violence if committed by an adult, 293
criminal activity, crime prevention, law enforcement, and criminal 294
justice, and may establish and operate a statewide communications 295
network to be known as the Ohio law enforcement gateway to gather 296
and disseminate information, data, and statistics for the use of 297
law enforcement agencies and for other uses specified in this 298
division. The superintendent may gather, store, retrieve, and 299
disseminate information, data, and statistics that pertain to 300
children who are under eighteen years of age and that are gathered 301
pursuant to sections 109.57 to 109.61 of the Revised Code together 302
with information, data, and statistics that pertain to adults and 303
that are gathered pursuant to those sections. 304

       (2) The superintendent or the superintendent's designee shall 305
gather information of the nature described in division (C)(1) of 306
this section that pertains to the offense and delinquency history 307
of a person who has been convicted of, pleaded guilty to, or been 308
adjudicated a delinquent child for committing a sexually oriented 309
offense or a child-victim oriented offense for inclusion in the 310
state registry of sex offenders and child-victim offenders 311
maintained pursuant to division (A)(1) of section 2950.13 of the 312
Revised Code and in the internet database operated pursuant to 313
division (A)(13) of that section and for possible inclusion in the 314
internet database operated pursuant to division (A)(11) of that 315
section. 316

        (3) In addition to any other authorized use of information, 317
data, and statistics of the nature described in division (C)(1) of 318
this section, the superintendent or the superintendent's designee 319
may provide and exchange the information, data, and statistics 320
pursuant to the national crime prevention and privacy compact as 321
described in division (A)(5) of this section. 322

       (4) The attorney general may adopt rules under Chapter 119. 323
of the Revised Code establishing guidelines for the operation of 324
and participation in the Ohio law enforcement gateway. The rules 325
may include criteria for granting and restricting access to 326
information gathered and disseminated through the Ohio law 327
enforcement gateway. The attorney general shall permit the state 328
medical board and board of nursing to access and view, but not 329
alter, information gathered and disseminated through the Ohio law 330
enforcement gateway.331

       The attorney general may appoint a steering committee to 332
advise the attorney general in the operation of the Ohio law 333
enforcement gateway that is comprised of persons who are 334
representatives of the criminal justice agencies in this state 335
that use the Ohio law enforcement gateway and is chaired by the 336
superintendent or the superintendent's designee.337

       (D)(1) The following are not public records under section 338
149.43 of the Revised Code:339

       (a) Information and materials furnished to the superintendent 340
pursuant to division (A) of this section;341

       (b) Information, data, and statistics gathered or 342
disseminated through the Ohio law enforcement gateway pursuant to 343
division (C)(1) of this section;344

       (c) Information and materials furnished to any board or 345
person under division (F) or (G) of this section.346

       (2) The superintendent or the superintendent's designee shall 347
gather and retain information so furnished under division (A) of 348
this section that pertains to the offense and delinquency history 349
of a person who has been convicted of, pleaded guilty to, or been 350
adjudicated a delinquent child for committing a sexually oriented 351
offense or a child-victim oriented offense for the purposes 352
described in division (C)(2) of this section. 353

       (E)(1) The attorney general shall adopt rules, in accordance 354
with Chapter 119. of the Revised Code and subject to division 355
(E)(2) of this section, setting forth the procedure by which a 356
person may receive or release information gathered by the 357
superintendent pursuant to division (A) of this section. A 358
reasonable fee may be charged for this service. If a temporary 359
employment service submits a request for a determination of 360
whether a person the service plans to refer to an employment 361
position has been convicted of or pleaded guilty to an offense 362
listed in division (A)(1), (3), (4), (5), or (6) of section 363
109.572 of the Revised Code, the request shall be treated as a 364
single request and only one fee shall be charged. 365

       (2) Except as otherwise provided in this division, a rule 366
adopted under division (E)(1) of this section may provide only for 367
the release of information gathered pursuant to division (A) of 368
this section that relates to the conviction of a person, or a 369
person's plea of guilty to, a criminal offense. The superintendent 370
shall not release, and the attorney general shall not adopt any 371
rule under division (E)(1) of this section that permits the 372
release of, any information gathered pursuant to division (A) of 373
this section that relates to an adjudication of a child as a 374
delinquent child, or that relates to a criminal conviction of a 375
person under eighteen years of age if the person's case was 376
transferred back to a juvenile court under division (B)(2) or (3) 377
of section 2152.121 of the Revised Code and the juvenile court 378
imposed a disposition or serious youthful offender disposition 379
upon the person under either division, unless either of the 380
following applies with respect to the adjudication or conviction:381

       (a) The adjudication or conviction was for a violation of 382
section 2903.01 or 2903.02 of the Revised Code.383

       (b) The adjudication or conviction was for a sexually 384
oriented offense, the juvenile court was required to classify the 385
child a juvenile offender registrant for that offense under 386
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that 387
classification has not been removed.388

       (F)(1) As used in division (F)(2) of this section, "head 389
start agency" means an entity in this state that has been approved 390
to be an agency for purposes of subchapter II of the "Community 391
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 392
as amended. 393

       (2)(a) In addition to or in conjunction with any request 394
that is required to be made under section 109.572, 2151.86, 395
3301.32, 3301.541, division (C) of section 3310.58, or section 396
3319.39, 3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 397
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code or 398
that is made under section 3314.41, 3319.392, 3326.25, or 3328.20 399
of the Revised Code, the board of education of any school 400
district; the director of developmental disabilities; any county 401
board of developmental disabilities; any entity under contract 402
with a county board of developmental disabilities; the chief 403
administrator of any chartered nonpublic school; the chief 404
administrator of a registered private provider that is not also a 405
chartered nonpublic school; the chief administrator of any home 406
health agency; the chief administrator of or person operating any 407
child day-care center, type A family day-care home, or type B 408
family day-care home licensed or certified under Chapter 5104. of 409
the Revised Code; the administrator of any type C family day-care 410
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 411
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 412
general assembly; the chief administrator of any head start 413
agency; the executive director of a public children services 414
agency; a private company described in section 3314.41, 3319.392, 415
3326.25, or 3328.20 of the Revised Code; or an employer described 416
in division (J)(2) of section 3327.10 of the Revised Code may 417
request that the superintendent of the bureau investigate and 418
determine, with respect to any individual who has applied for 419
employment in any position after October 2, 1989, or any 420
individual wishing to apply for employment with a board of 421
education may request, with regard to the individual, whether the 422
bureau has any information gathered under division (A) of this 423
section that pertains to that individual. On receipt of the 424
request, subject to division (E)(2) of this section, the 425
superintendent shall determine whether that information exists 426
and, upon request of the person, board, or entity requesting 427
information, also shall request from the federal bureau of 428
investigation any criminal records it has pertaining to that 429
individual. The superintendent or the superintendent's designee 430
also may request criminal history records from other states or the 431
federal government pursuant to the national crime prevention and 432
privacy compact set forth in section 109.571 of the Revised Code. 433
Within thirty days of the date that the superintendent receives a 434
request, subject to division (E)(2) of this section, the 435
superintendent shall send to the board, entity, or person a report 436
of any information that the superintendent determines exists, 437
including information contained in records that have been sealed 438
under section 2953.32 of the Revised Code, and, within thirty days 439
of its receipt, subject to division (E)(2) of this section, shall 440
send the board, entity, or person a report of any information 441
received from the federal bureau of investigation, other than 442
information the dissemination of which is prohibited by federal 443
law. 444

       (b) When a board of education or a registered private 445
provider is required to receive information under this section as 446
a prerequisite to employment of an individual pursuant to division 447
(C) of section 3310.58 or section 3319.39 of the Revised Code, it 448
may accept a certified copy of records that were issued by the 449
bureau of criminal identification and investigation and that are 450
presented by an individual applying for employment with the 451
district in lieu of requesting that information itself. In such a 452
case, the board shall accept the certified copy issued by the 453
bureau in order to make a photocopy of it for that individual's 454
employment application documents and shall return the certified 455
copy to the individual. In a case of that nature, a district or 456
provider only shall accept a certified copy of records of that 457
nature within one year after the date of their issuance by the 458
bureau. 459

       (c) Notwithstanding division (F)(2)(a) of this section, in 460
the case of a request under section 3319.39, 3319.391, or 3327.10 461
of the Revised Code only for criminal records maintained by the 462
federal bureau of investigation, the superintendent shall not 463
determine whether any information gathered under division (A) of 464
this section exists on the person for whom the request is made.465

       (3) The state board of education may request, with respect to 466
any individual who has applied for employment after October 2, 467
1989, in any position with the state board or the department of 468
education, any information that a school district board of 469
education is authorized to request under division (F)(2) of this 470
section, and the superintendent of the bureau shall proceed as if 471
the request has been received from a school district board of 472
education under division (F)(2) of this section. 473

       (4) When the superintendent of the bureau receives a request 474
for information under section 3319.291 of the Revised Code, the 475
superintendent shall proceed as if the request has been received 476
from a school district board of education and shall comply with 477
divisions (F)(2)(a) and (c) of this section. 478

       (5) When a recipient of a classroom reading improvement grant 479
paid under section 3301.86 of the Revised Code requests, with 480
respect to any individual who applies to participate in providing 481
any program or service funded in whole or in part by the grant, 482
the information that a school district board of education is 483
authorized to request under division (F)(2)(a) of this section, 484
the superintendent of the bureau shall proceed as if the request 485
has been received from a school district board of education under 486
division (F)(2)(a) of this section. 487

       (G) In addition to or in conjunction with any request that is 488
required to be made under section 3701.881, 3712.09, 3721.121, 489
5119.693, or 5119.85 of the Revised Code with respect to an 490
individual who has applied for employment in a position that 491
involves providing direct care to an older adult or adult 492
resident, the chief administrator of a home health agency, hospice 493
care program, home licensed under Chapter 3721. of the Revised 494
Code, adult day-care program operated pursuant to rules adopted 495
under section 3721.04 of the Revised Code, adult foster home, or 496
adult care facility may request that the superintendent of the 497
bureau investigate and determine, with respect to any individual 498
who has applied after January 27, 1997, for employment in a 499
position that does not involve providing direct care to an older 500
adult or adult resident, whether the bureau has any information 501
gathered under division (A) of this section that pertains to that 502
individual. 503

       In addition to or in conjunction with any request that is 504
required to be made under section 173.27 of the Revised Code with 505
respect to an individual who has applied for employment in a 506
position that involves providing ombudsperson services to 507
residents of long-term care facilities or recipients of 508
community-based long-term care services, the state long-term care 509
ombudsperson, ombudsperson's designee, or director of health may 510
request that the superintendent investigate and determine, with 511
respect to any individual who has applied for employment in a 512
position that does not involve providing such ombudsperson 513
services, whether the bureau has any information gathered under 514
division (A) of this section that pertains to that applicant. 515

       In addition to or in conjunction with any request that is 516
required to be made under section 173.394 of the Revised Code with 517
respect to an individual who has applied for employment in a 518
position that involves providing direct care to an individual, the 519
chief administrator of a community-based long-term care agency may 520
request that the superintendent investigate and determine, with 521
respect to any individual who has applied for employment in a 522
position that does not involve providing direct care, whether the 523
bureau has any information gathered under division (A) of this 524
section that pertains to that applicant. 525

       On receipt of a request under this division, the 526
superintendent shall determine whether that information exists 527
and, on request of the individual requesting information, shall 528
also request from the federal bureau of investigation any criminal 529
records it has pertaining to the applicant. The superintendent or 530
the superintendent's designee also may request criminal history 531
records from other states or the federal government pursuant to 532
the national crime prevention and privacy compact set forth in 533
section 109.571 of the Revised Code. Within thirty days of the 534
date a request is received, subject to division (E)(2) of this 535
section, the superintendent shall send to the requester a report 536
of any information determined to exist, including information 537
contained in records that have been sealed under section 2953.32 538
of the Revised Code, and, within thirty days of its receipt, shall 539
send the requester a report of any information received from the 540
federal bureau of investigation, other than information the 541
dissemination of which is prohibited by federal law. 542

       (H) Information obtained by a government entity or person 543
under this section is confidential and shall not be released or 544
disseminated. 545

       (I) The superintendent may charge a reasonable fee for 546
providing information or criminal records under division (F)(2) or 547
(G) of this section. 548

       (J) As used in this section:549

       (1) "Sexually oriented offense" and "child-victim oriented 550
offense" have the same meanings as in section 2950.01 of the 551
Revised Code.552

       (2) "Registered private provider" means a nonpublic school or 553
entity registered with the superintendent of public instruction 554
under section 3310.41 of the Revised Code to participate in the 555
autism scholarship program or section 3310.58 of the Revised Code 556
to participate in the Jon Peterson special needs scholarship 557
program.558

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 559
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, 560
a completed form prescribed pursuant to division (C)(1) of this 561
section, and a set of fingerprint impressions obtained in the 562
manner described in division (C)(2) of this section, the 563
superintendent of the bureau of criminal identification and 564
investigation shall conduct a criminal records check in the manner 565
described in division (B) of this section to determine whether any 566
information exists that indicates that the person who is the 567
subject of the request previously has been convicted of or pleaded 568
guilty to any of the following:569

       (a) A violation of section 2903.01, 2903.02, 2903.03, 570
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 571
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 572
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 573
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 574
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 575
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 576
2925.06, or 3716.11 of the Revised Code, felonious sexual 577
penetration in violation of former section 2907.12 of the Revised 578
Code, a violation of section 2905.04 of the Revised Code as it 579
existed prior to July 1, 1996, a violation of section 2919.23 of 580
the Revised Code that would have been a violation of section 581
2905.04 of the Revised Code as it existed prior to July 1, 1996, 582
had the violation been committed prior to that date, or a 583
violation of section 2925.11 of the Revised Code that is not a 584
minor drug possession offense;585

       (b) A violation of an existing or former law of this state, 586
any other state, or the United States that is substantially 587
equivalent to any of the offenses listed in division (A)(1)(a) of 588
this section.589

       (2) On receipt of a request pursuant to section 5123.081 of 590
the Revised Code with respect to an applicant for employment in 591
any position with the department of developmental disabilities, 592
pursuant to section 5126.28 of the Revised Code with respect to an 593
applicant for employment in any position with a county board of 594
developmental disabilities, or pursuant to section 5126.281 of the 595
Revised Code with respect to an applicant for employment in a 596
direct services position with an entity contracting with a county 597
board for employment, a completed form prescribed pursuant to 598
division (C)(1) of this section, and a set of fingerprint 599
impressions obtained in the manner described in division (C)(2) of 600
this section, the superintendent of the bureau of criminal 601
identification and investigation shall conduct a criminal records 602
check. The superintendent shall conduct the criminal records check 603
in the manner described in division (B) of this section to 604
determine whether any information exists that indicates that the 605
person who is the subject of the request has been convicted of or 606
pleaded guilty to any of the following:607

       (a) A violation of section 2903.01, 2903.02, 2903.03, 608
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 609
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 610
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 611
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 612
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 613
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 614
2925.03, or 3716.11 of the Revised Code;615

       (b) An existing or former municipal ordinance or law of this 616
state, any other state, or the United States that is substantially 617
equivalent to any of the offenses listed in division (A)(2)(a) of 618
this section.619

       (3) On receipt of a request pursuant to section 173.27, 620
173.394, 3712.09, 3721.121, 5119.693, or 5119.85 of the Revised 621
Code, a completed form prescribed pursuant to division (C)(1) of 622
this section, and a set of fingerprint impressions obtained in the 623
manner described in division (C)(2) of this section, the 624
superintendent of the bureau of criminal identification and 625
investigation shall conduct a criminal records check with respect 626
to any person who has applied for employment in a position for 627
which a criminal records check is required by those sections. The 628
superintendent shall conduct the criminal records check in the 629
manner described in division (B) of this section to determine 630
whether any information exists that indicates that the person who 631
is the subject of the request previously has been convicted of or 632
pleaded guilty to any of the following:633

       (a) A violation of section 2903.01, 2903.02, 2903.03, 634
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 635
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 636
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 637
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 638
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 639
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 640
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 641
2925.22, 2925.23, or 3716.11 of the Revised Code;642

       (b) An existing or former law of this state, any other state, 643
or the United States that is substantially equivalent to any of 644
the offenses listed in division (A)(3)(a) of this section.645

       (4) On receipt of a request pursuant to section 3701.881 of 646
the Revised Code with respect to an applicant for employment with 647
a home health agency as a person responsible for the care, 648
custody, or control of a child, a completed form prescribed 649
pursuant to division (C)(1) of this section, and a set of 650
fingerprint impressions obtained in the manner described in 651
division (C)(2) of this section, the superintendent of the bureau 652
of criminal identification and investigation shall conduct a 653
criminal records check. The superintendent shall conduct the 654
criminal records check in the manner described in division (B) of 655
this section to determine whether any information exists that 656
indicates that the person who is the subject of the request 657
previously has been convicted of or pleaded guilty to any of the 658
following:659

       (a) A violation of section 2903.01, 2903.02, 2903.03, 660
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 661
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 662
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 663
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 664
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 665
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 666
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 667
violation of section 2925.11 of the Revised Code that is not a 668
minor drug possession offense;669

       (b) An existing or former law of this state, any other state, 670
or the United States that is substantially equivalent to any of 671
the offenses listed in division (A)(4)(a) of this section.672

       (5) On receipt of a request pursuant to section 5111.032, 673
5111.033, or 5111.034 of the Revised Code, a completed form 674
prescribed pursuant to division (C)(1) of this section, and a set 675
of fingerprint impressions obtained in the manner described in 676
division (C)(2) of this section, the superintendent of the bureau 677
of criminal identification and investigation shall conduct a 678
criminal records check. The superintendent shall conduct the 679
criminal records check in the manner described in division (B) of 680
this section to determine whether any information exists that 681
indicates that the person who is the subject of the request 682
previously has been convicted of, has pleaded guilty to, or has 683
been found eligible for intervention in lieu of conviction for any 684
of the following, regardless of the date of the conviction, the 685
date of entry of the guilty plea, or the date the person was found 686
eligible for intervention in lieu of conviction:687

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 688
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 689
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 690
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 691
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 692
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 693
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, 694
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 695
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 696
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 697
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, 698
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 699
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, 700
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 701
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141,702
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code, 703
felonious sexual penetration in violation of former section 704
2907.12 of the Revised Code, a violation of section 2905.04 of the 705
Revised Code as it existed prior to July 1, 1996, a violation of 706
section 2919.23 of the Revised Code that would have been a 707
violation of section 2905.04 of the Revised Code as it existed 708
prior to July 1, 1996, had the violation been committed prior to 709
that date;710

       (b) A violation of an existing or former municipal ordinance 711
or law of this state, any other state, or the United States that 712
is substantially equivalent to any of the offenses listed in 713
division (A)(5)(a) of this section.714

       (6) On receipt of a request pursuant to section 3701.881 of 715
the Revised Code with respect to an applicant for employment with 716
a home health agency in a position that involves providing direct 717
care to an older adult, a completed form prescribed pursuant to 718
division (C)(1) of this section, and a set of fingerprint 719
impressions obtained in the manner described in division (C)(2) of 720
this section, the superintendent of the bureau of criminal 721
identification and investigation shall conduct a criminal records 722
check. The superintendent shall conduct the criminal records check 723
in the manner described in division (B) of this section to 724
determine whether any information exists that indicates that the 725
person who is the subject of the request previously has been 726
convicted of or pleaded guilty to any of the following:727

       (a) A violation of section 2903.01, 2903.02, 2903.03, 728
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 729
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 730
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 731
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 732
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 733
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 734
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 735
2925.22, 2925.23, or 3716.11 of the Revised Code;736

       (b) An existing or former law of this state, any other state, 737
or the United States that is substantially equivalent to any of 738
the offenses listed in division (A)(6)(a) of this section.739

       (7) When conducting a criminal records check upon a request 740
pursuant to section 3319.39 of the Revised Code for an applicant 741
who is a teacher, in addition to the determination made under 742
division (A)(1) of this section, the superintendent shall 743
determine whether any information exists that indicates that the 744
person who is the subject of the request previously has been 745
convicted of or pleaded guilty to any offense specified in section 746
3319.31 of the Revised Code.747

       (8) On receipt of a request pursuant to section 2151.86 of 748
the Revised Code, a completed form prescribed pursuant to division 749
(C)(1) of this section, and a set of fingerprint impressions 750
obtained in the manner described in division (C)(2) of this 751
section, the superintendent of the bureau of criminal 752
identification and investigation shall conduct a criminal records 753
check in the manner described in division (B) of this section to 754
determine whether any information exists that indicates that the 755
person who is the subject of the request previously has been 756
convicted of or pleaded guilty to any of the following:757

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 758
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 759
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 760
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 761
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 762
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 763
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 764
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 765
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 766
of the Revised Code, a violation of section 2905.04 of the Revised 767
Code as it existed prior to July 1, 1996, a violation of section 768
2919.23 of the Revised Code that would have been a violation of 769
section 2905.04 of the Revised Code as it existed prior to July 1, 770
1996, had the violation been committed prior to that date, a 771
violation of section 2925.11 of the Revised Code that is not a 772
minor drug possession offense, two or more OVI or OVUAC violations 773
committed within the three years immediately preceding the 774
submission of the application or petition that is the basis of the 775
request, or felonious sexual penetration in violation of former 776
section 2907.12 of the Revised Code;777

       (b) A violation of an existing or former law of this state, 778
any other state, or the United States that is substantially 779
equivalent to any of the offenses listed in division (A)(8)(a) of 780
this section.781

       (9) Upon receipt of a request pursuant to section 5104.012 or 782
5104.013 of the Revised Code, a completed form prescribed pursuant 783
to division (C)(1) of this section, and a set of fingerprint 784
impressions obtained in the manner described in division (C)(2) of 785
this section, the superintendent of the bureau of criminal 786
identification and investigation shall conduct a criminal records 787
check in the manner described in division (B) of this section to 788
determine whether any information exists that indicates that the 789
person who is the subject of the request has been convicted of or 790
pleaded guilty to any of the following:791

       (a) A violation of section 2903.01, 2903.02, 2903.03, 792
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 793
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 794
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 795
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 796
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 797
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 798
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 799
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, 800
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, 801
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 802
3716.11 of the Revised Code, felonious sexual penetration in 803
violation of former section 2907.12 of the Revised Code, a 804
violation of section 2905.04 of the Revised Code as it existed 805
prior to July 1, 1996, a violation of section 2919.23 of the 806
Revised Code that would have been a violation of section 2905.04 807
of the Revised Code as it existed prior to July 1, 1996, had the 808
violation been committed prior to that date, a violation of 809
section 2925.11 of the Revised Code that is not a minor drug 810
possession offense, a violation of section 2923.02 or 2923.03 of 811
the Revised Code that relates to a crime specified in this 812
division, or a second violation of section 4511.19 of the Revised 813
Code within five years of the date of application for licensure or 814
certification.815

       (b) A violation of an existing or former law of this state, 816
any other state, or the United States that is substantially 817
equivalent to any of the offenses or violations described in 818
division (A)(9)(a) of this section.819

       (10) Upon receipt of a request pursuant to section 5153.111 820
of the Revised Code, a completed form prescribed pursuant to 821
division (C)(1) of this section, and a set of fingerprint 822
impressions obtained in the manner described in division (C)(2) of 823
this section, the superintendent of the bureau of criminal 824
identification and investigation shall conduct a criminal records 825
check in the manner described in division (B) of this section to 826
determine whether any information exists that indicates that the 827
person who is the subject of the request previously has been 828
convicted of or pleaded guilty to any of the following:829

       (a) A violation of section 2903.01, 2903.02, 2903.03, 830
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 831
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 832
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 833
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 834
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 835
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 836
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, 837
felonious sexual penetration in violation of former section 838
2907.12 of the Revised Code, a violation of section 2905.04 of the 839
Revised Code as it existed prior to July 1, 1996, a violation of 840
section 2919.23 of the Revised Code that would have been a 841
violation of section 2905.04 of the Revised Code as it existed 842
prior to July 1, 1996, had the violation been committed prior to 843
that date, or a violation of section 2925.11 of the Revised Code 844
that is not a minor drug possession offense;845

       (b) A violation of an existing or former law of this state, 846
any other state, or the United States that is substantially 847
equivalent to any of the offenses listed in division (A)(10)(a) of 848
this section.849

       (11) On receipt of a request for a criminal records check 850
from an individual pursuant to section 4749.03 or 4749.06 of the 851
Revised Code, accompanied by a completed copy of the form 852
prescribed in division (C)(1) of this section and a set of 853
fingerprint impressions obtained in a manner described in division 854
(C)(2) of this section, the superintendent of the bureau of 855
criminal identification and investigation shall conduct a criminal 856
records check in the manner described in division (B) of this 857
section to determine whether any information exists indicating 858
that the person who is the subject of the request has been 859
convicted of or pleaded guilty to a felony in this state or in any 860
other state. If the individual indicates that a firearm will be 861
carried in the course of business, the superintendent shall 862
require information from the federal bureau of investigation as 863
described in division (B)(2) of this section. TheSubject to 864
division (F) of this section, the superintendent shall report the 865
findings of the criminal records check and any information the 866
federal bureau of investigation provides to the director of public 867
safety.868

       (12) On receipt of a request pursuant to section 1321.37, 869
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised 870
Code, a completed form prescribed pursuant to division (C)(1) of 871
this section, and a set of fingerprint impressions obtained in the 872
manner described in division (C)(2) of this section, the 873
superintendent of the bureau of criminal identification and 874
investigation shall conduct a criminal records check with respect 875
to any person who has applied for a license, permit, or 876
certification from the department of commerce or a division in the 877
department. The superintendent shall conduct the criminal records 878
check in the manner described in division (B) of this section to 879
determine whether any information exists that indicates that the 880
person who is the subject of the request previously has been 881
convicted of or pleaded guilty to any of the following: a 882
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or 883
2925.03 of the Revised Code; any other criminal offense involving 884
theft, receiving stolen property, embezzlement, forgery, fraud, 885
passing bad checks, money laundering, or drug trafficking, or any 886
criminal offense involving money or securities, as set forth in 887
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of 888
the Revised Code; or any existing or former law of this state, any 889
other state, or the United States that is substantially equivalent 890
to those offenses.891

       (13) On receipt of a request for a criminal records check 892
from the treasurer of state under section 113.041 of the Revised 893
Code or from an individual under section 4701.08, 4715.101, 894
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 895
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 896
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 897
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 898
4762.031, 4762.06, 4776.021, or 4779.091 of the Revised Code, 899
accompanied by a completed form prescribed under division (C)(1) 900
of this section and a set of fingerprint impressions obtained in 901
the manner described in division (C)(2) of this section, the 902
superintendent of the bureau of criminal identification and 903
investigation shall conduct a criminal records check in the manner 904
described in division (B) of this section to determine whether any 905
information exists that indicates that the person who is the 906
subject of the request has been convicted of or pleaded guilty to 907
any criminal offense in this state or any other state. TheSubject 908
to division (F) of this section, the superintendent shall send the 909
results of a check requested under section 113.041 of the Revised 910
Code to the treasurer of state and shall send the results of a 911
check requested under any of the other listed sections to the 912
licensing board specified by the individual in the request.913

       (14) On receipt of a request pursuant to section 1121.23, 914
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised 915
Code, a completed form prescribed pursuant to division (C)(1) of 916
this section, and a set of fingerprint impressions obtained in the 917
manner described in division (C)(2) of this section, the 918
superintendent of the bureau of criminal identification and 919
investigation shall conduct a criminal records check in the manner 920
described in division (B) of this section to determine whether any 921
information exists that indicates that the person who is the 922
subject of the request previously has been convicted of or pleaded 923
guilty to any criminal offense under any existing or former law of 924
this state, any other state, or the United States.925

       (15) On receipt of a request for a criminal records check 926
from an appointing or licensing authority under section 3772.07 of 927
the Revised Code, a completed form prescribed under division 928
(C)(1) of this section, and a set of fingerprint impressions 929
obtained in the manner prescribed in division (C)(2) of this 930
section, the superintendent of the bureau of criminal 931
identification and investigation shall conduct a criminal records 932
check in the manner described in division (B) of this section to 933
determine whether any information exists that indicates that the 934
person who is the subject of the request previously has been 935
convicted of or pleaded guilty or no contest to any offense under 936
any existing or former law of this state, any other state, or the 937
United States that is a disqualifying offense as defined in 938
section 3772.07 of the Revised Code or substantially equivalent to 939
such an offense.940

       (16) NotSubject to division (F) of this section, not later 941
than thirty days after the date the superintendent receives a 942
request of a type described in division (A)(1), (2), (3), (4), 943
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this 944
section, the completed form, and the fingerprint impressions, the 945
superintendent shall send the person, board, or entity that made 946
the request any information, other than information the 947
dissemination of which is prohibited by federal law, the 948
superintendent determines exists with respect to the person who is 949
the subject of the request that indicates that the person 950
previously has been convicted of or pleaded guilty to any offense 951
listed or described in division (A)(1), (2), (3), (4), (5), (6), 952
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as 953
appropriate. TheSubject to division (F) of this section, the954
superintendent shall send the person, board, or entity that made 955
the request a copy of the list of offenses specified in division 956
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), 957
(14), or (15) of this section, as appropriate. If the request was 958
made under section 3701.881 of the Revised Code with regard to an 959
applicant who may be both responsible for the care, custody, or 960
control of a child and involved in providing direct care to an 961
older adult, the superintendent shall provide a list of the 962
offenses specified in divisions (A)(4) and (6) of this section.963

       NotSubject to division (F) of this section, not later than 964
thirty days after the superintendent receives a request for a 965
criminal records check pursuant to section 113.041 of the Revised 966
Code, the completed form, and the fingerprint impressions, the 967
superintendent shall send the treasurer of state any information, 968
other than information the dissemination of which is prohibited by 969
federal law, the superintendent determines exist with respect to 970
the person who is the subject of the request that indicates that 971
the person previously has been convicted of or pleaded guilty to 972
any criminal offense in this state or any other state.973

       (B) TheSubject to division (F) of this section, the974
superintendent shall conduct any criminal records check requested 975
under section 113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 976
1163.05, 1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 977
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 978
3721.121, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 979
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 980
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 981
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 982
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 983
4776.021, 4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 984
5111.034, 5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or 985
5153.111 of the Revised Code as follows:986

       (1) The superintendent shall review or cause to be reviewed 987
any relevant information gathered and compiled by the bureau under 988
division (A) of section 109.57 of the Revised Code that relates to 989
the person who is the subject of the request, including, if the 990
criminal records check was requested under section 113.041, 991
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 992
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 993
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 994
3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032, 995
5111.033, 5111.034, 5119.693, 5119.85, 5123.081, 5126.28, 996
5126.281, or 5153.111 of the Revised Code, any relevant 997
information contained in records that have been sealed under 998
section 2953.32 of the Revised Code;999

       (2) If the request received by the superintendent asks for 1000
information from the federal bureau of investigation, the 1001
superintendent shall request from the federal bureau of 1002
investigation any information it has with respect to the person 1003
who is the subject of the request, including fingerprint-based 1004
checks of national crime information databases as described in 42 1005
U.S.C. 671 if the request is made pursuant to section 2151.86, 1006
5104.012, or 5104.013 of the Revised Code or if any other Revised 1007
Code section requires fingerprint-based checks of that nature, and 1008
shall review or cause to be reviewed any information the 1009
superintendent receives from that bureau. If a request under 1010
section 3319.39 of the Revised Code asks only for information from 1011
the federal bureau of investigation, the superintendent shall not 1012
conduct the review prescribed by division (B)(1) of this section.1013

        (3) The superintendent or the superintendent's designee may 1014
request criminal history records from other states or the federal 1015
government pursuant to the national crime prevention and privacy 1016
compact set forth in section 109.571 of the Revised Code.1017

       (C)(1) The superintendent shall prescribe a form to obtain 1018
the information necessary to conduct a criminal records check from 1019
any person for whom a criminal records check is requested under 1020
section 113.041 of the Revised Code or required by section 121.08, 1021
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1022
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 1023
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 1024
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 1025
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 1026
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 1027
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 1028
4761.051, 4762.031, 4762.06, 4763.05, 4776.021, 4779.091, 1029
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 1030
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 1031
Code. The form that the superintendent prescribes pursuant to this 1032
division may be in a tangible format, in an electronic format, or 1033
in both tangible and electronic formats.1034

       (2) The superintendent shall prescribe standard impression 1035
sheets to obtain the fingerprint impressions of any person for 1036
whom a criminal records check is requested under section 113.041 1037
of the Revised Code or required by section 121.08, 173.27, 1038
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1039
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 1040
3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101, 1041
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 1042
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 1043
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 1044
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 1045
4761.051, 4762.031, 4762.06, 4763.05, 4776.021, 4779.091, 1046
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 1047
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 1048
Code. Any person for whom a records check is requested under or 1049
required by any of those sections shall obtain the fingerprint 1050
impressions at a county sheriff's office, municipal police 1051
department, or any other entity with the ability to make 1052
fingerprint impressions on the standard impression sheets 1053
prescribed by the superintendent. The office, department, or 1054
entity may charge the person a reasonable fee for making the 1055
impressions. The standard impression sheets the superintendent 1056
prescribes pursuant to this division may be in a tangible format, 1057
in an electronic format, or in both tangible and electronic 1058
formats.1059

       (3) Subject to division (D) of this section, the 1060
superintendent shall prescribe and charge a reasonable fee for 1061
providing a criminal records check requested under section 1062
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1063
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 1064
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 1065
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 1066
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 1067
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 1068
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 1069
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4776.021,1070
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 1071
5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the 1072
Revised Code. The person making a criminal records request under 1073
any of those sections shall pay the fee prescribed pursuant to 1074
this division. A person making a request under section 3701.881 of 1075
the Revised Code for a criminal records check for an applicant who 1076
may be both responsible for the care, custody, or control of a 1077
child and involved in providing direct care to an older adult 1078
shall pay one fee for the request. In the case of a request under 1079
section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 1080
5111.032 of the Revised Code, the fee shall be paid in the manner 1081
specified in that section.1082

       (4) The superintendent of the bureau of criminal 1083
identification and investigation may prescribe methods of 1084
forwarding fingerprint impressions and information necessary to 1085
conduct a criminal records check, which methods shall include, but 1086
not be limited to, an electronic method.1087

       (D) A determination whether any information exists that 1088
indicates that a person previously has been convicted of or 1089
pleaded guilty to any offense listed or described in division 1090
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 1091
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b), 1092
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15) 1093
of this section, or that indicates that a person previously has 1094
been convicted of or pleaded guilty to any criminal offense in 1095
this state or any other state regarding a criminal records check 1096
of a type described in division (A)(13) of this section, and that 1097
is made by the superintendent with respect to information 1098
considered in a criminal records check in accordance with this 1099
section is valid for the person who is the subject of the criminal 1100
records check for a period of one year from the date upon which 1101
the superintendent makes the determination. During the period in 1102
which the determination in regard to a person is valid, if another 1103
request under this section is made for a criminal records check 1104
for that person, the superintendent shall provide the information 1105
that is the basis for the superintendent's initial determination 1106
at a lower fee than the fee prescribed for the initial criminal 1107
records check.1108

       (E) When the superintendent receives a request for 1109
information from a registered private provider, the superintendent 1110
shall proceed as if the request was received from a school 1111
district board of education under section 3319.39 of the Revised 1112
Code. The superintendent shall apply division (A)(7) of this 1113
section to any such request for an applicant who is a teacher.1114

       (F)(1) All information regarding the results of a criminal 1115
records check conducted under this section that the superintendent 1116
reports or sends under division (A)(11), (13), or (16) of this 1117
section to the director of public safety, the treasurer of state, 1118
or the person, board, or entity that made the request for the 1119
criminal records check shall relate to the conviction of the 1120
subject person, or the subject person's plea of guilty to, a 1121
criminal offense.1122

       (2) Division (F)(1) of this section does not limit, restrict, 1123
or preclude the superintendent's release of information that 1124
relates to an adjudication of a child as a delinquent child, or 1125
that relates to a criminal conviction of a person under eighteen 1126
years of age if the person's case was transferred back to a 1127
juvenile court under division (B)(2) or (3) of section 2152.121 of 1128
the Revised Code and the juvenile court imposed a disposition or 1129
serious youthful offender disposition upon the person under either 1130
division, if either of the following applies with respect to the 1131
adjudication or conviction:1132

       (a) The adjudication or conviction was for a violation of 1133
section 2903.01 or 2903.02 of the Revised Code.1134

       (b) The adjudication or conviction was for a sexually 1135
oriented offense, as defined in section 2950.01 of the Revised 1136
Code, the juvenile court was required to classify the child a 1137
juvenile offender registrant for that offense under section 1138
2152.82, 2152.83, or 2152.86 of the Revised Code, and that 1139
classification has not been removed.1140

       (G) As used in this section:1141

       (1) "Criminal records check" means any criminal records check 1142
conducted by the superintendent of the bureau of criminal 1143
identification and investigation in accordance with division (B) 1144
of this section.1145

       (2) "Minor drug possession offense" has the same meaning as 1146
in section 2925.01 of the Revised Code.1147

       (3) "Older adult" means a person age sixty or older.1148

       (4) "OVI or OVUAC violation" means a violation of section 1149
4511.19 of the Revised Code or a violation of an existing or 1150
former law of this state, any other state, or the United States 1151
that is substantially equivalent to section 4511.19 of the Revised 1152
Code.1153

       (5) "Registered private provider" means a nonpublic school or 1154
entity registered with the superintendent of public instruction 1155
under section 3310.41 of the Revised Code to participate in the 1156
autism scholarship program or section 3310.58 of the Revised Code 1157
to participate in the Jon Peterson special needs scholarship 1158
program.1159

       Sec. 109.578. (A) On receipt of a request pursuant to section 1160
505.381, 737.081, 737.221, or 4765.301 of the Revised Code, a 1161
completed form prescribed pursuant to division (C)(1) of this 1162
section, and a set of fingerprint impressions obtained in the 1163
manner described in division (C)(2) of this section, the 1164
superintendent of the bureau of criminal identification and 1165
investigation shall conduct a criminal records check in the manner 1166
described in division (B) of this section to determine whether any 1167
information exists that indicates that the person who is the 1168
subject of the request previously has been convicted of or pleaded 1169
guilty to any of the following:1170

       (1) A felony;1171

       (2) A violation of section 2909.03 of the Revised Code;1172

       (3) A violation of an existing or former law of this state, 1173
any other state, or the United States that is substantially 1174
equivalent to any of the offenses listed in division (A)(1) or (2) 1175
of this section.1176

       (B) TheSubject to division (E) of this section, the1177
superintendent shall conduct any criminal records check pursuant 1178
to division (A) of this section as follows:1179

       (1) The superintendent shall review or cause to be reviewed 1180
any relevant information gathered and compiled by the bureau under 1181
division (A) of section 109.57 of the Revised Code that relates to 1182
the person who is the subject of the request, including any 1183
relevant information contained in records that have been sealed 1184
under section 2953.32 of the Revised Code.1185

       (2) If the request received by the superintendent asks for 1186
information from the federal bureau of investigation, the 1187
superintendent shall request from the federal bureau of 1188
investigation any information it has with respect to the person 1189
who is the subject of the request and shall review or cause to be 1190
reviewed any information the superintendent receives from that 1191
bureau.1192

       (C)(1) The superintendent shall prescribe a form to obtain 1193
the information necessary to conduct a criminal records check from 1194
any person for whom a criminal records check is requested pursuant 1195
to section 505.381, 737.081, 737.221, or 4765.301 of the Revised 1196
Code. The form that the superintendent prescribes pursuant to this 1197
division may be in a tangible format, in an electronic format, or 1198
in both tangible and electronic formats.1199

       (2) The superintendent shall prescribe standard impression 1200
sheets to obtain the fingerprint impressions of any person for 1201
whom a criminal records check is requested pursuant to section 1202
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any 1203
person for whom a records check is requested pursuant to any of 1204
those sections shall obtain the fingerprint impressions at a 1205
county sheriff's office, a municipal police department, or any 1206
other entity with the ability to make fingerprint impressions on 1207
the standard impression sheets prescribed by the superintendent. 1208
The office, department, or entity may charge the person a 1209
reasonable fee for making the impressions. The standard impression 1210
sheets the superintendent prescribes pursuant to this division may 1211
be in a tangible format, in an electronic format, or in both 1212
tangible and electronic formats.1213

       (3) Subject to division (D) of this section, the 1214
superintendent shall prescribe and charge a reasonable fee for 1215
providing a criminal records check requested under section 1216
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The 1217
person making the criminal records request shall pay the fee 1218
prescribed pursuant to this division.1219

       (4) The superintendent may prescribe methods of forwarding 1220
fingerprint impressions and information necessary to conduct a 1221
criminal records check. The methods shall include, but are not 1222
limited to, an electronic method.1223

       (D) A determination whether any information exists that 1224
indicates that a person previously has been convicted of or 1225
pleaded guilty to any offense listed or described in division (A) 1226
of this section and that the superintendent made with respect to 1227
information considered in a criminal records check in accordance 1228
with this section is valid for the person who is the subject of 1229
the criminal records check for a period of one year from the date 1230
upon which the superintendent makes the determination. During the 1231
period in which the determination in regard to a person is valid, 1232
if another request under this section is made for a criminal 1233
records check for that person, the superintendent shall provide 1234
the information that is the basis for the superintendent's initial 1235
determination at a lower fee than the fee prescribed for the 1236
initial criminal records check.1237

       (E)(1) All information regarding the results of a criminal 1238
records check conducted under this section that the superintendent 1239
reports or sends under this section to the person, board, or 1240
entity that made the request for the criminal records check shall 1241
relate to the conviction of the subject person, or the subject 1242
person's plea of guilty to, a criminal offense.1243

       (2) Division (E)(1) of this section does not limit, restrict, 1244
or preclude the superintendent's release of information that 1245
relates to an adjudication of a child as a delinquent child, or 1246
that relates to a criminal conviction of a person under eighteen 1247
years of age if the person's case was transferred back to a 1248
juvenile court under division (B)(2) or (3) of section 2152.121 of 1249
the Revised Code and the juvenile court imposed a disposition or 1250
serious youthful offender disposition upon the person under either 1251
division, if either of the following applies with respect to the 1252
adjudication or conviction:1253

       (a) The adjudication or conviction was for a violation of 1254
section 2903.01 or 2903.02 of the Revised Code.1255

       (b) The adjudication or conviction was for a sexually 1256
oriented offense, as defined in section 2950.01 of the Revised 1257
Code, the juvenile court was required to classify the child a 1258
juvenile offender registrant for that offense under section 1259
2152.82, 2152.83, or 2152.86 of the Revised Code, and that 1260
classification has not been removed.1261

       (F) As used in this section, "criminal records check" means 1262
any criminal records check conducted by the superintendent of the 1263
bureau of criminal identification and investigation in accordance 1264
with division (B) of this section.1265

       Sec. 307.932.  (A) As used in this section:1266

       (1) "Division of parole and community services" means the 1267
division of parole and community services of the department of 1268
rehabilitation and correction.1269

       (2) "Eligible offender" means, in relation to a particular 1270
community alternative sentencing center or district community 1271
alternative sentencing center established and operated under 1272
division (E) of this section, an offender who has been convicted 1273
of or pleaded guilty to a qualifying misdemeanor offense, for whom 1274
no provision of the Revised Code or ordinance of a municipal 1275
corporation other than section 4511.19 of the Revised Code, both 1276
section 4510.14 and 4511.19 of the Revised Code, or an ordinance 1277
or ordinances of a municipal corporation that provide the 1278
penalties for a municipal OVI offense or for both a municipal OVI 1279
ordinance and a municipal DUS ordinance of the municipal 1280
corporation requires the imposition of a mandatory jail term for 1281
that qualifying misdemeanor offense, and who is eligible to be 1282
sentenced directly to that center and admitted to it under rules 1283
adopted under division (G) of this section by the board of county 1284
commissioners or affiliated group of boards of county 1285
commissioners that established and operates that center.1286

       (3) "Municipal OVI offense" has the same meaning as in 1287
section 4511.181 of the Revised Code.1288

        (4) "OVI term of confinement" means a term of confinement 1289
imposed for a violation of section 4511.19 of the Revised Code or 1290
for a municipal OVI offense, including any mandatory jail term or 1291
mandatory term of local incarceration imposed for that violation 1292
or offense.1293

        (5) "Community residential sanction" means a community 1294
residential sanction imposed under section 2929.26 of the Revised 1295
Code for a misdemeanor violation of a section of the Revised Code 1296
or a term of confinement imposed for a misdemeanor violation of a 1297
municipal ordinance that is not a jail term.1298

       (6) "Qualifying misdemeanor offense" means a violation of any 1299
section of the Revised Code that is a misdemeanor or a violation 1300
of any ordinance of a municipal corporation located in the county 1301
that is a misdemeanor.1302

       (7) "Municipal DUS offense" means a violation of a municipal 1303
ordinance that is substantially equivalent to section 4510.14 of 1304
the Revised Code.1305

       (B)(1) The board of county commissioners of any county, in 1306
consultation with the sheriff of the county, may formulate a 1307
proposal for a community alternative sentencing center that, upon 1308
implementation by the county or being subcontracted to or operated 1309
by a nonprofit organization, would be used for the confinement of 1310
eligible offenders sentenced directly to the center by a court 1311
located in the county pursuant to a community residential sanction 1312
of not more than thirty days or pursuant to an OVI term of 1313
confinement of not more than sixty days, and for the purpose of 1314
closely monitoring those eligible offenders' adjustment to 1315
community supervision. A board that formulates a proposal pursuant 1316
to this division shall do so by resolution.1317

       (2) The boards of county commissioners of two or more 1318
adjoining or neighboring counties, in consultation with the 1319
sheriffs of each of those counties, may affiliate and formulate by 1320
resolution adopted by each of them a proposal for a district 1321
community alternative sentencing center that, upon implementation 1322
by the counties or being subcontracted to or operated by a 1323
nonprofit organization, would be used for the confinement of 1324
eligible offenders sentenced directly to the center by a court 1325
located in any of those counties pursuant to a community 1326
residential sanction of not more than thirty days or pursuant to 1327
an OVI term of confinement of not more than sixty days, and for 1328
the purpose of closely monitoring those eligible offenders' 1329
adjustment to community supervision. Each board that affiliates 1330
with one or more other boards to formulate a proposal pursuant to 1331
this division shall formulate the proposal by resolution.1332

       (C) Each proposal for a community alternative sentencing 1333
center or a district community alternative sentencing center that 1334
is formulated under division (B)(1) or (2) of this section shall 1335
include proposals for operation of the center and for criteria to 1336
define which offenders are eligible to be sentenced directly to 1337
the center and admitted to it. At a minimum, the proposed criteria 1338
that define which offenders are eligible to be sentenced directly 1339
to the center and admitted to it shall provide all of the 1340
following: 1341

       (1) That an offender is eligible to be sentenced directly to 1342
the center and admitted to it if the offender has been convicted 1343
of or pleaded guilty to a qualifying misdemeanor offense and is 1344
sentenced directly to the center for the qualifying misdemeanor 1345
offense pursuant to a community residential sanction of not more 1346
than thirty days or pursuant to an OVI term of confinement of not 1347
more than sixty days by a court that is located in the county or 1348
one of the counties served by the board of county commissioners or 1349
by any of the affiliated group of boards of county commissioners 1350
that submits the proposal;1351

       (2) That, except as otherwise provided in this division, no 1352
offender is eligible to be sentenced directly to the center or 1353
admitted to it if, in addition to the community residential 1354
sanction or OVI term of confinement described in division (C)(1) 1355
of this section, the offender is serving or has been sentenced to 1356
serve any other jail term, prison term, or community residential 1357
sanction. A mandatory jail term or electronic monitoring imposed 1358
in lieu of a mandatory jail term for a violation of section 1359
4511.19 of the Revised Code, for a municipal OVI offense, or for 1360
either such offense and a similar offense that exceeds sixty days 1361
of confinement shall not disqualify the offender from serving 1362
sixty days of the mandatory jail term at the center.1363

       (D) If a proposal for a community alternative sentencing 1364
center or a district community alternative sentencing center that 1365
is formulated under division (B)(1) or (2) of this section 1366
contemplates the use of an existing facility, or a part of an 1367
existing facility, as the center, nothing in this section limits, 1368
restricts, or precludes the use of the facility, the part of the 1369
facility, or any other part of the facility for any purpose other 1370
than as a community alternative sentencing center or district 1371
community alternative sentencing center.1372

       (E) The establishment and operation of a community 1373
alternative sentencing center or district community alternative 1374
sentencing center may be done by subcontracting with a nonprofit 1375
organization for the operation of the center.1376

       If a board of county commissioners or an affiliated group of 1377
boards of county commissioners establishes and operates a 1378
community alternative sentencing center or district community 1379
alternative sentencing center under this division, except as 1380
otherwise provided in this division, the center is not a minimum 1381
security jail under section 341.14, section 753.21, or any other 1382
provision of the Revised Code, is not a jail or alternative 1383
residential facility as defined in section 2929.01 of the Revised 1384
Code, is not required to satisfy or comply with minimum standards 1385
for minimum security jails or other jails that are promulgated 1386
under division (A) of section 5120.10 of the Revised Code, is not 1387
a local detention facility as defined in section 2929.36 of the 1388
Revised Code, and is not a residential unit as defined in section 1389
2950.01 of the Revised Code. The center is a detention facility as 1390
defined in sections 2921.01 and 2923.124 of the Revised Code, and 1391
an eligible offender confined in the center is under detention as 1392
defined in section 2921.01 of the Revised Code. Regarding persons 1393
sentenced directly to the center under an OVI term of confinement 1394
or under both an OVI term of confinement and confinement for a 1395
violation of section 4510.14 of the Revised Code or a municipal 1396
DUS offense, the center shall be considered a "jail" or "local 1397
correctional facility" for purposes of any provision in section 1398
4510.14 or 4511.19 of the Revised Code or in an ordinance of a 1399
municipal corporation that requires a mandatory jail term or 1400
mandatory term of local incarceration for the violation of section 1401
4511.19 of the Revised Code, the violation of both section 4510.14 1402
and 4511.19 of the Revised Code, the municipal OVI offense, or the 1403
municipal OVI offense and the municipal DUS offense, and a direct 1404
sentence of a person to the center under an OVI term of 1405
confinement or under both an OVI term of confinement and 1406
confinement for a violation of section 4510.14 of the Revised Code 1407
or a municipal DUS offense shall be considered to be a sentence to 1408
a "jail" or "local correctional facility" for purposes of any such 1409
provision in section 4510.14 or 4511.19 of the Revised Code or in 1410
an ordinance of a municipal corporation.1411

       (F)(1) If the board of county commissioners of a county that 1412
is being served by a community alternative sentencing center 1413
established pursuant to division (E) of this section determines 1414
that it no longer wants to be served by the center, the board may 1415
dissolve the center by adopting a resolution evidencing the 1416
determination to dissolve the center.1417

       (2) If the boards of county commissioners of all of the 1418
counties served by any district community alternative sentencing 1419
center established pursuant to division (E) of this section 1420
determine that they no longer want to be served by the center, the 1421
boards may dissolve the center by adopting in each county a 1422
resolution evidencing the determination to dissolve the center. 1423

       (3) If at least one, but not all, of the boards of county 1424
commissioners of the counties being served by any district 1425
community alternative sentencing center established pursuant to 1426
division (E) of this section determines that it no longer wants to 1427
be served by the center, the board may terminate its involvement 1428
with the center by adopting a resolution evidencing the 1429
determination to terminate its involvement with the center. If at 1430
least one, but not all, of the boards of county commissioners of 1431
the counties being served by any community alternative sentencing 1432
center terminates its involvement with the center in accordance 1433
with this division, the other boards of county commissioners of 1434
the counties being served by the center may continue to be served 1435
by the center.1436

       (G) Prior to establishing or operating a community 1437
alternative sentencing center or a district community alternative 1438
sentencing center, the board of county commissioners or the 1439
affiliated group of boards of county commissioners that formulated 1440
the proposal shall adopt rules for the operation of the center. 1441
The rules shall include criteria that define which offenders are 1442
eligible to be sentenced directly to the center and admitted to 1443
it. 1444

       (H) If a board of county commissioners establishes and 1445
operates a community alternative sentencing center under division 1446
(E) of this section, or an affiliated group of boards of county 1447
commissioners establishes and operates a district community 1448
alternative sentencing center under that division, all of the 1449
following apply:1450

       (1) Any court located within the county served by the board 1451
that establishes and operates a community correctionalalternative 1452
sentencing center may directly sentence eligible offenders to the 1453
center pursuant to a community residential sanction of not more 1454
than thirty days or pursuant to an OVI term of confinement, a 1455
combination of an OVI term of confinement and confinement for a 1456
violation of section 4510.14 of the Revised Code, or confinement 1457
for a municipal DUS offense of not more than sixty days. Any court 1458
located within a county served by any of the boards that 1459
establishes and operates a district community correctional1460
alternative sentencing center may directly sentence eligible 1461
offenders to the center pursuant to a community residential 1462
sanction of not more than thirty days or pursuant to an OVI term 1463
of confinement, a combination of an OVI term of confinement and 1464
confinement for a violation of section 4510.14 of the Revised 1465
Code, or confinement for a municipal DUS offense of not more than 1466
thirtysixty days.1467

       (2) Each eligible offender who is sentenced to the center as 1468
described in division (H)(1) of this section and admitted to it 1469
shall be offered during the eligible offender's confinement at the 1470
center educational and vocational services and reentry planning 1471
and may be offered any other treatment and rehabilitative services 1472
that are available and that the court that sentenced the 1473
particular eligible offender to the center and the administrator 1474
of the center determine are appropriate based upon the offense for 1475
which the eligible offender was sentenced to the community 1476
residential sanction and the length of the sanction. 1477

       (3) Before accepting an eligible offender sentenced to the 1478
center by a court, the board or the affiliated group of boards 1479
shall enter into an agreement with a political subdivision that 1480
operates that court that addresses the cost and payment of medical 1481
treatment or services received by eligible offenders sentenced by 1482
that court while they are confined in the center. The agreement 1483
may provide for the payment of the costs by the particular 1484
eligible offender who receives the treatment or services, as 1485
described in division (I) of this section.1486

       (4) If a court sentences an eligible offender to a center 1487
under authority of division (H)(1) of this section, immediately 1488
after the sentence is imposed, the eligible offender shall be 1489
taken to the probation department that serves the court. The 1490
department shall handle any preliminary matters regarding the 1491
admission of the eligible offender to the center, including a 1492
determination as to whether the eligible offender may be admitted 1493
to the center under the criteria included in the rules adopted 1494
under division (G) of this section that define which offenders are 1495
eligible to be sentenced and admitted to the center. If the 1496
eligible offender is accepted for admission to the center, the 1497
department shall schedule the eligible offender for the admission 1498
and shall provide for the transportation of the offender to the 1499
center. If an eligible offender who is sentenced to the center 1500
under a community residential sanction is not accepted for 1501
admission to the center for any reason, the nonacceptance shall be 1502
considered a violation of a condition of the community residential 1503
sanction, the eligible offender shall be taken before the court 1504
that imposed the sentence, and the court may proceed as specified 1505
in division (C)(2) of section 2929.25 of the Revised Code based on 1506
the violation or as provided by ordinance of the municipal 1507
corporation based on the violation, whichever is applicable. If an 1508
eligible offender who is sentenced to the center under an OVI term 1509
of confinement is not accepted for admission to the center for any 1510
reason, the eligible offender shall be taken before the court that 1511
imposed the sentence, and the court shall determine the place at 1512
which the offender is to serve the term of confinement. If the 1513
eligible offender is admitted to the center, all of the following 1514
apply:1515

       (a) The admission shall be under the terms and conditions 1516
established by the court and the administrator of the center, and 1517
the court and the administrator of the center shall provide for 1518
the confinement of the eligible offender and supervise the 1519
eligible offender as provided in divisions (H)(4)(b) to (f) of 1520
this section.1521

       (b) The eligible offender shall be confined in the center 1522
during any period of time that the eligible offender is not 1523
actually working at the eligible offender's approved work release 1524
described in division (H)(4)(c) of this section, engaged in 1525
community service activities described in division (H)(4)(d) of 1526
this section, engaged in authorized vocational training or another 1527
authorized educational program, engaged in another program 1528
designated by the administrator of the center, or engaged in other 1529
activities approved by the court and the administrator of the 1530
center.1531

       (c) If the court and the administrator of the center 1532
determine that work release is appropriate based upon the offense 1533
for which the eligible offender was sentenced to the community 1534
residential sanction or OVI term of confinement and the length of 1535
the sanction or term, the eligible offender may be offered work 1536
release from confinement at the center and be released from 1537
confinement while engaged in the work release.1538

       (d) If the administrator of the center determines that 1539
community service is appropriate and if the eligible offender will 1540
be confined for more than ten days at the center, the eligible 1541
offender may be required to participate in community service 1542
activities approved by the political subdivision served by the 1543
court. Community service activities that may be required under 1544
this division may take place in facilities of the political 1545
subdivision that operates the court, in the community, or in both 1546
such locales. The eligible offender shall be released from 1547
confinement while engaged in the community service activities. 1548
Community service activities required under this division shall be 1549
supervised by the court or an official designated by the board of 1550
county commissioners or affiliated group of boards of county 1551
commissioners that established and is operating the center. 1552
Community service activities required under this division shall 1553
not exceed in duration the period for which the eligible offender 1554
will be confined at the center under the community residential 1555
sanction or the OVI term of confinement.1556

       (e) The confinement of the eligible offender in the center 1557
shall be considered for purposes of this division and division 1558
(H)(4)(f) of this section as including any period of time 1559
described in division (H)(4)(b) of this section when the eligible 1560
offender may be outside of the center and shall continue until the 1561
expiration of the community residential sanction, the OVI term of 1562
confinement, or the combination of the OVI term of confinement and 1563
the confinement for the violation of section 4510.14 of the 1564
Revised Code or the municipal DUS ordinance that the eligible 1565
offender is serving upon admission to the center.1566

       (f) After the admission and until the expiration of the 1567
community residential sanction or OVI term of confinement that the 1568
eligible offender is serving upon admission to the center, the 1569
eligible offender shall be considered for purposes of any 1570
provision in Title XXIX of the Revised Code to be serving the 1571
community residential sanction or OVI term of confinement.1572

       (5) The administrator of the center, or the administrator's 1573
designee, shall post a sign as described in division (A)(4) of 1574
section 2923.1212 of the Revised Code in a conspicuous location at 1575
the center.1576

       (I) The board of county commissioners that establishes and 1577
operates a community alternative sentencing center under division 1578
(E) of this section, or the affiliated group of boards of county 1579
commissioners that establishes and operates a district community 1580
alternative sentencing center under that division, may require an 1581
eligible offender who is sentenced directly to the center and 1582
admitted to it to pay to the county served by the board or the 1583
counties served by the affiliated group of boards or the entity 1584
operating the center the reasonable expenses incurred by the 1585
county or counties, whichever is applicable, in supervising or 1586
confining the eligible offender after being sentenced to the 1587
center and admitted. Inability to pay those reasonable expenses 1588
shall not be grounds for refusing to admit an otherwise eligible 1589
offender to the center.1590

       (J)(1) If an eligible offender who is directly sentenced to a 1591
community alternative sentencing center or district community 1592
alternative sentencing center and admitted to the center 1593
successfully completes the service of the community residential 1594
sanction in the center, the administrator of the center shall 1595
notify the court that imposed the sentence, and the court shall 1596
enter into the journal that the eligible offender successfully 1597
completed the service of the sanction.1598

       (2) If an eligible offender who is directly sentenced to a 1599
community alternative sentencing center or district community 1600
alternative sentencing center and admitted to the center violates 1601
any rule established under this section by the board of county 1602
commissioners or the affiliated group of boards of county 1603
commissioners that establishes and operates the center, violates 1604
any condition of the community residential sanction, the OVI term 1605
of confinement, or the combination of the OVI term of confinement 1606
and the confinement for the violation of section 4510.14 of the 1607
Revised Code or the municipal OVI ordinance imposed by the 1608
sentencing court, or otherwise does not successfully complete the 1609
service of the community residential sanction or OVI term of 1610
confinement in the center, the administrator of the center shall 1611
report the violation or failure to successfully complete the 1612
sanction or term directly to the court or to the probation 1613
department or probation officer with general control and 1614
supervision over the eligible offender. A failure to successfully 1615
complete the service of the community residential sanction, the 1616
OVI term of confinement, or the combination of the OVI term of 1617
confinement and the confinement for the violation of section 1618
4510.14 of the Revised Code or the municipal OVI ordinance in the 1619
center shall be considered a violation of a condition of the 1620
community residential sanction or the OVI term of confinement. If 1621
the administrator reports the violation to the probation 1622
department or probation officer, the department or officer shall 1623
report the violation to the court. Upon its receipt under this 1624
division of a report of a violation or failure to complete the 1625
sanction by a person sentenced to the center under a community 1626
residential sanction, the court may proceed as specified in 1627
division (C)(2) of section 2929.25 of the Revised Code based on 1628
the violation or as provided by ordinance of the municipal 1629
corporation based on the violation, whichever is applicable. Upon 1630
its receipt under this division of a report of a violation or 1631
failure to complete the term by a person sentenced to the center 1632
under an OVI term of confinement, the court shall determine the 1633
place at which the offender is to serve the remainder of the term 1634
of confinement. The eligible offender shall receive credit towards 1635
completing the eligible offender's sentence for the time spent in 1636
the center after admission to it.1637

       Sec. 2151.356.  (A) The records of a case in which a person 1638
was adjudicated a delinquent child for committing a violation of 1639
section 2903.01, 2903.02, or 2907.02, 2907.03, or 2907.05 of the 1640
Revised Code shall not be sealed under this section.1641

       (B)(1) The juvenile court shall promptly order the immediate 1642
sealing of records pertaining to a juvenile in any of the 1643
following circumstances:1644

       (a) If the court receives a record from a public office or 1645
agency under division (B)(2) of this section;1646

       (b) If a person was brought before or referred to the court 1647
for allegedly committing a delinquent or unruly act and the case 1648
was resolved without the filing of a complaint against the person 1649
with respect to that act pursuant to section 2151.27 of the 1650
Revised Code;1651

       (c) If a person was charged with violating division (E)(1) of 1652
section 4301.69 of the Revised Code and the person has 1653
successfully completed a diversion program under division 1654
(E)(2)(a) of section 4301.69 of the Revised Code with respect to 1655
that charge;1656

       (d) If a complaint was filed against a person alleging that 1657
the person was a delinquent child, an unruly child, or a juvenile 1658
traffic offender and the court dismisses the complaint after a 1659
trial on the merits of the case or finds the person not to be a 1660
delinquent child, an unruly child, or a juvenile traffic offender;1661

       (e) Notwithstanding division (C) of this section and subject 1662
to section 2151.358 of the Revised Code, if a person has been 1663
adjudicated an unruly child, that person has attained eighteen 1664
years of age, and the person is not under the jurisdiction of the 1665
court in relation to a complaint alleging the person to be a 1666
delinquent child. 1667

       (2) The appropriate public office or agency shall immediately 1668
deliver all original records at that public office or agency 1669
pertaining to a juvenile to the court, if the person was arrested 1670
or taken into custody for allegedly committing a delinquent or 1671
unruly act, no complaint was filed against the person with respect 1672
to the commission of the act pursuant to section 2151.27 of the 1673
Revised Code, and the person was not brought before or referred to 1674
the court for the commission of the act. The records delivered to 1675
the court as required under this division shall not include 1676
fingerprints, DNA specimens, and DNA records described under 1677
division (A)(3) of section 2151.357 of the Revised Code.1678

       (C)(1) The juvenile court shall consider the sealing of 1679
records pertaining to a juvenile upon the court's own motion or 1680
upon the application of a person if the person has been 1681
adjudicated a delinquent child for committing an act other than a 1682
violation of section 2903.01, 2903.02, or 2907.02, 2907.03, or 1683
2907.05 of the Revised Code, an unruly child, or a juvenile 1684
traffic offender and if, at the time of the motion or application, 1685
the person is not under the jurisdiction of the court in relation 1686
to a complaint alleging the person to be a delinquent child. The 1687
court shall not require a fee for the filing of the application.1688
The motion or application may be made at any time after two years 1689
after the later ofsix months after any of the following events 1690
occur:1691

       (a) The termination of any order made by the court in 1692
relation to the adjudication;1693

       (b) The unconditional discharge of the person from the 1694
department of youth services with respect to a dispositional order 1695
made in relation to the adjudication or from an institution or 1696
facility to which the person was committed pursuant to a 1697
dispositional order made in relation to the adjudication;1698

       (c) The court enters an order under section 2152.84 or 1699
2152.85 of the Revised Code that contains a determination that the 1700
child is no longer a juvenile offender registrant.1701

       (2) In making the determination whether to seal records 1702
pursuant to division (C)(1) of this section, all of the following 1703
apply:1704

       (a) The court may require a person filing an application 1705
under division (C)(1) of this section to submit any relevant 1706
documentation to support the application.1707

       (b) The court may cause an investigation to be made to 1708
determine if the person who is the subject of the proceedings has 1709
been rehabilitated to a satisfactory degree.1710

       (c) The court shall promptly notify the prosecuting attorney 1711
of any proceedings to seal records initiated pursuant to division 1712
(C)(1) of this section.1713

       (d)(i) The prosecuting attorney may file a response with the 1714
court within thirty days of receiving notice of the sealing 1715
proceedings.1716

       (ii) If the prosecuting attorney does not file a response 1717
with the court or if the prosecuting attorney files a response but 1718
indicates that the prosecuting attorney does not object to the 1719
sealing of the records, the court may order the records of the 1720
person that are under consideration to be sealed without 1721
conducting a hearing on the motion or application. If the court 1722
decides in its discretion to conduct a hearing on the motion or 1723
application, the court shall conduct the hearing within thirty 1724
days after making that decision and shall give notice, by regular 1725
mail, of the date, time, and location of the hearing to the 1726
prosecuting attorney and to the person who is the subject of the 1727
records under consideration.1728

       (iii) If the prosecuting attorney files a response with the 1729
court that indicates that the prosecuting attorney objects to the 1730
sealing of the records, the court shall conduct a hearing on the 1731
motion or application within thirty days after the court receives 1732
the response. The court shall give notice, by regular mail, of the 1733
date, time, and location of the hearing to the prosecuting 1734
attorney and to the person who is the subject of the records under 1735
consideration.1736

       (e) After conducting a hearing in accordance with division 1737
(C)(2)(d) of this section or after due consideration when a 1738
hearing is not conducted, except as provided in division (B)(1)(c) 1739
of this section, the court may order the records of the person 1740
that are the subject of the motion or application to be sealed if 1741
it finds that the person has been rehabilitated to a satisfactory 1742
degree. In determining whether the person has been rehabilitated 1743
to a satisfactory degree, the court may consider all of the 1744
following:1745

       (i) The age of the person;1746

       (ii) The nature of the case;1747

       (iii) The cessation or continuation of delinquent, unruly, or 1748
criminal behavior;1749

       (iv) The education and employment history of the person;1750

       (v) The granting of a new tier classification or 1751
declassification from the juvenile offender registry pursuant to 1752
section 2152.85 of the Revised Code, except for public 1753
registry-qualified juvenile offender registrants;1754

       (vi) Any other circumstances that may relate to the 1755
rehabilitation of the person who is the subject of the records 1756
under consideration.1757

       (D)(1)(a) The juvenile court shall provide verbal notice to a 1758
person whose records are sealed under division (B) of this 1759
section, if that person is present in the court at the time the 1760
court issues a sealing order, that explains what sealing a record 1761
means, states that the person may apply to have those records 1762
expunged under section 2151.358 of the Revised Code, and explains 1763
what expunging a record means.1764

       (b) The juvenile court shall provide written notice to a 1765
person whose records are sealed under division (B) of this section 1766
by regular mail to the person's last known address, if that person 1767
is not present in the court at the time the court issues a sealing 1768
order and if the court does not seal the person's record upon the 1769
court's own motion, that explains what sealing a record means, 1770
states that the person may apply to have those records expunged 1771
under section 2151.358 of the Revised Code, and explains what 1772
expunging a record means.1773

       (2) Upon final disposition of a case in which a person has 1774
been adjudicated a delinquent child for committing an act other 1775
than a violation of section 2903.01, 2903.02, or 2907.02, 2907.03, 1776
or 2907.05 of the Revised Code, an unruly child, or a juvenile 1777
traffic offender, the juvenile court shall provide written notice 1778
to the person that does all of the following:1779

       (a) States that the person may apply to the court for an 1780
order to seal the record;1781

       (b) Explains what sealing a record means;1782

       (c) States that the person may apply to the court for an 1783
order to expunge the record under section 2151.358 of the Revised 1784
Code;1785

       (d) Explains what expunging a record means.1786

       (3) The department of youth services and any other 1787
institution or facility that unconditionally discharges a person 1788
who has been adjudicated a delinquent child, an unruly child, or a 1789
juvenile traffic offender shall immediately give notice of the 1790
discharge to the court that committed the person. The court shall 1791
note the date of discharge on a separate record of discharges of 1792
those natures.1793

       Sec. 2152.02.  As used in this chapter:1794

       (A) "Act charged" means the act that is identified in a 1795
complaint, indictment, or information alleging that a child is a 1796
delinquent child.1797

       (B) "Admitted to a department of youth services facility" 1798
includes admission to a facility operated, or contracted for, by 1799
the department and admission to a comparable facility outside this 1800
state by another state or the United States.1801

       (C)(1) "Child" means a person who is under eighteen years of 1802
age, except as otherwise provided in divisions (C)(2) to (7)(8) of 1803
this section.1804

       (2) Subject to division (C)(3) of this section, any person 1805
who violates a federal or state law or a municipal ordinance prior 1806
to attaining eighteen years of age shall be deemed a "child" 1807
irrespective of that person's age at the time the complaint with 1808
respect to that violation is filed or the hearing on the complaint 1809
is held.1810

       (3) Any person who, while under eighteen years of age, 1811
commits an act that would be a felony if committed by an adult and 1812
who is not taken into custody or apprehended for that act until 1813
after the person attains twenty-one years of age is not a child in 1814
relation to that act.1815

       (4) Except as otherwise provided in divisiondivisions (C)(5) 1816
and (7) of this section, any person whose case is transferred for 1817
criminal prosecution pursuant to section 2152.12 of the Revised 1818
Code shall be deemed after the transfer not to be a child in the 1819
transferred case.1820

       (5) Any person whose case is transferred for criminal 1821
prosecution pursuant to section 2152.12 of the Revised Code and 1822
who subsequently is convicted of or pleads guilty to a felony in 1823
that case, unless a serious youthful offender dispositional 1824
sentence is imposed on the child for that offense under division 1825
(B)(2) or (3) of section 2152.121 of the Revised Code and the 1826
adult portion of that sentence is not invoked pursuant to section 1827
2152.14 of the Revised Code, and any person who is adjudicated a 1828
delinquent child for the commission of an act, who has a serious 1829
youthful offender dispositional sentence imposed for the act 1830
pursuant to section 2152.13 of the Revised Code, and whose adult 1831
portion of the dispositional sentence is invoked pursuant to 1832
section 2152.14 of the Revised Code, shall be deemed after the 1833
transferconviction, plea, or invocation not to be a child in any 1834
case in which a complaint is filed against the person.1835

       (6) The juvenile court has jurisdiction over a person who is 1836
adjudicated a delinquent child or juvenile traffic offender prior 1837
to attaining eighteen years of age until the person attains 1838
twenty-one years of age, and, for purposes of that jurisdiction 1839
related to that adjudication, except as otherwise provided in this 1840
division, a person who is so adjudicated a delinquent child or 1841
juvenile traffic offender shall be deemed a "child" until the 1842
person attains twenty-one years of age. If a person is so 1843
adjudicated a delinquent child or juvenile traffic offender and 1844
the court makes a disposition of the person under this chapter, at 1845
any time after the person attains eighteentwenty-one years of 1846
age, the places at which the person may be held under that 1847
disposition are not limited to places authorized under this 1848
chapter solely for confinement of children, and the person may be 1849
confined under that disposition, in accordance with division 1850
(F)(2) of section 2152.26 of the Revised Code, in places other 1851
than those authorized under this chapter solely for confinement of 1852
children.1853

       (7) The juvenile court has jurisdiction over any person whose 1854
case is transferred for criminal prosecution solely for the 1855
purpose of detaining the person as authorized in division (F)(1) 1856
or (4) of section 2152.26 of the Revised Code unless the person is 1857
convicted of or pleads guilty to a felony in the adult court.1858

       (8) Any person who, while eighteen years of age, violates 1859
division (A)(1) or (2) of section 2919.27 of the Revised Code by 1860
violating a protection order issued or consent agreement approved 1861
under section 2151.34 or 3113.31 of the Revised Code shall be 1862
considered a child for the purposes of that violation of section 1863
2919.27 of the Revised Code.1864

       (D) "Chronic truant" means any child of compulsory school age 1865
who is absent without legitimate excuse for absence from the 1866
public school the child is supposed to attend for seven or more 1867
consecutive school days, ten or more school days in one school 1868
month, or fifteen or more school days in a school year.1869

       (E) "Community corrections facility," "public safety beds," 1870
"release authority," and "supervised release" have the same 1871
meanings as in section 5139.01 of the Revised Code.1872

       (F) "Delinquent child" includes any of the following:1873

       (1) Any child, except a juvenile traffic offender, who 1874
violates any law of this state or the United States, or any 1875
ordinance of a political subdivision of the state, that would be 1876
an offense if committed by an adult;1877

       (2) Any child who violates any lawful order of the court made 1878
under this chapter or under Chapter 2151. of the Revised Code 1879
other than an order issued under section 2151.87 of the Revised 1880
Code;1881

       (3) Any child who violates division (C) of section 2907.39, 1882
division (A) of section 2923.211, or division (C)(1) or (D) of 1883
section 2925.55 of the Revised Code;1884

       (4) Any child who is a habitual truant and who previously has 1885
been adjudicated an unruly child for being a habitual truant;1886

       (5) Any child who is a chronic truant.1887

       (G) "Discretionary serious youthful offender" means a person 1888
who is eligible for a discretionary SYO and who is not transferred 1889
to adult court under a mandatory or discretionary transfer.1890

       (H) "Discretionary SYO" means a case in which the juvenile 1891
court, in the juvenile court's discretion, may impose a serious 1892
youthful offender disposition under section 2152.13 of the Revised 1893
Code.1894

       (I) "Discretionary transfer" means that the juvenile court 1895
has discretion to transfer a case for criminal prosecution under 1896
division (B) of section 2152.12 of the Revised Code.1897

       (J) "Drug abuse offense," "felony drug abuse offense," and 1898
"minor drug possession offense" have the same meanings as in 1899
section 2925.01 of the Revised Code.1900

       (K) "Electronic monitoring" and "electronic monitoring 1901
device" have the same meanings as in section 2929.01 of the 1902
Revised Code.1903

       (L) "Economic loss" means any economic detriment suffered by 1904
a victim of a delinquent act or juvenile traffic offense as a 1905
direct and proximate result of the delinquent act or juvenile 1906
traffic offense and includes any loss of income due to lost time 1907
at work because of any injury caused to the victim and any 1908
property loss, medical cost, or funeral expense incurred as a 1909
result of the delinquent act or juvenile traffic offense. 1910
"Economic loss" does not include non-economic loss or any punitive 1911
or exemplary damages.1912

       (M) "Firearm" has the same meaning as in section 2923.11 of 1913
the Revised Code.1914

       (N) "Juvenile traffic offender" means any child who violates 1915
any traffic law, traffic ordinance, or traffic regulation of this 1916
state, the United States, or any political subdivision of this 1917
state, other than a resolution, ordinance, or regulation of a 1918
political subdivision of this state the violation of which is 1919
required to be handled by a parking violations bureau or a joint 1920
parking violations bureau pursuant to Chapter 4521. of the Revised 1921
Code.1922

       (O) A "legitimate excuse for absence from the public school 1923
the child is supposed to attend" has the same meaning as in 1924
section 2151.011 of the Revised Code.1925

       (P) "Mandatory serious youthful offender" means a person who 1926
is eligible for a mandatory SYO and who is not transferred to 1927
adult court under a mandatory or discretionary transfer and also 1928
includes, for purposes of imposition of a mandatory serious 1929
youthful dispositional sentence under section 2152.13 of the 1930
Revised Code, a person upon whom a juvenile court is required to 1931
impose such a sentence under division (B)(3) of section 2152.121 1932
of the Revised Code.1933

       (Q) "Mandatory SYO" means a case in which the juvenile court 1934
is required to impose a mandatory serious youthful offender 1935
disposition under section 2152.13 of the Revised Code.1936

       (R) "Mandatory transfer" means that a case is required to be 1937
transferred for criminal prosecution under division (A) of section 1938
2152.12 of the Revised Code.1939

       (S) "Mental illness" has the same meaning as in section 1940
5122.01 of the Revised Code.1941

       (T) "Mentally retarded person" has the same meaning as in 1942
section 5123.01 of the Revised Code.1943

       (U) "Monitored time" and "repeat violent offender" have the 1944
same meanings as in section 2929.01 of the Revised Code.1945

       (V) "Of compulsory school age" has the same meaning as in 1946
section 3321.01 of the Revised Code.1947

       (W) "Public record" has the same meaning as in section 149.43 1948
of the Revised Code.1949

       (X) "Serious youthful offender" means a person who is 1950
eligible for a mandatory SYO or discretionary SYO but who is not 1951
transferred to adult court under a mandatory or discretionary 1952
transfer and also includes, for purposes of imposition of a 1953
mandatory serious youthful dispositional sentence under section 1954
2152.13 of the Revised Code, a person upon whom a juvenile court 1955
is required to impose such a sentence under division (B)(3) of 1956
section 2152.121 of the Revised Code.1957

       (Y) "Sexually oriented offense," "juvenile offender 1958
registrant," "child-victim oriented offense," "tier I sex 1959
offender/child-victim offender," "tier II sex 1960
offender/child-victim offender," "tier III sex 1961
offender/child-victim offender," and "public registry-qualified 1962
juvenile offender registrant" have the same meanings as in section 1963
2950.01 of the Revised Code.1964

       (Z) "Traditional juvenile" means a case that is not 1965
transferred to adult court under a mandatory or discretionary 1966
transfer, that is eligible for a disposition under sections 1967
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and 1968
that is not eligible for a disposition under section 2152.13 of 1969
the Revised Code.1970

       (AA) "Transfer" means the transfer for criminal prosecution 1971
of a case involving the alleged commission by a child of an act 1972
that would be an offense if committed by an adult from the 1973
juvenile court to the appropriate court that has jurisdiction of 1974
the offense.1975

       (BB) "Category one offense" means any of the following:1976

       (1) A violation of section 2903.01 or 2903.02 of the Revised 1977
Code;1978

       (2) A violation of section 2923.02 of the Revised Code 1979
involving an attempt to commit aggravated murder or murder.1980

       (CC) "Category two offense" means any of the following:1981

       (1) A violation of section 2903.03, 2905.01, 2907.02, 1982
2909.02, 2911.01, or 2911.11 of the Revised Code;1983

       (2) A violation of section 2903.04 of the Revised Code that 1984
is a felony of the first degree;1985

       (3) A violation of section 2907.12 of the Revised Code as it 1986
existed prior to September 3, 1996.1987

       (DD) "Non-economic loss" means nonpecuniary harm suffered by 1988
a victim of a delinquent act or juvenile traffic offense as a 1989
result of or related to the delinquent act or juvenile traffic 1990
offense, including, but not limited to, pain and suffering; loss 1991
of society, consortium, companionship, care, assistance, 1992
attention, protection, advice, guidance, counsel, instruction, 1993
training, or education; mental anguish; and any other intangible 1994
loss.1995

       Sec. 2152.12.  (A)(1)(a) After a complaint has been filed 1996
alleging that a child is a delinquent child for committing an act 1997
that would be aggravated murder, murder, attempted aggravated 1998
murder, or attempted murder if committed by an adult, the juvenile 1999
court at a hearing shall transfer the case if either of the 2000
following applies:2001

       (i) The child was sixteen or seventeen years of age at the 2002
time of the act charged and there is probable cause to believe 2003
that the child committed the act charged. 2004

       (ii) The child was fourteen or fifteen years of age at the 2005
time of the act charged, section 2152.10 of the Revised Code 2006
provides that the child is eligible for mandatory transfer, and 2007
there is probable cause to believe that the child committed the 2008
act charged.2009

       (b) After a complaint has been filed alleging that a child is 2010
a delinquent child by reason of committing a category two offense, 2011
the juvenile court at a hearing shall transfer the case if the 2012
child was sixteen or seventeen years of age at the time of the act 2013
charged and either of the following applies:2014

       (i) Division (A)(2)(a) of section 2152.10 of the Revised Code 2015
requires the mandatory transfer of the case, and there is probable 2016
cause to believe that the child committed the act charged.2017

       (ii) Division (A)(2)(b) of section 2152.10 of the Revised 2018
Code requires the mandatory transfer of the case, and there is 2019
probable cause to believe that the child committed the act 2020
charged.2021

       (2) The juvenile court also shall transfer a case in the 2022
circumstances described in division (C)(5) of section 2152.02 of 2023
the Revised Code or if either of the following applies:2024

       (a) A complaint is filed against a child who is eligible for 2025
a discretionary transfer under section 2152.10 of the Revised Code 2026
and who previously was convicted of or pleaded guilty to a felony 2027
in a case that was transferred to a criminal court.2028

       (b) A complaint is filed against a child who is domiciled in 2029
another state alleging that the child is a delinquent child for 2030
committing an act that would be a felony if committed by an adult, 2031
and, if the act charged had been committed in that other state, 2032
the child would be subject to criminal prosecution as an adult 2033
under the law of that other state without the need for a transfer 2034
of jurisdiction from a juvenile, family, or similar noncriminal 2035
court to a criminal court.2036

       (3) If a complaint is filed against a child alleging that the 2037
child is a delinquent child and the case is transferred pursuant 2038
to division (A)(1)(a)(i) or (A)(1)(b)(ii) of this section and if 2039
the child subsequently is convicted of or pleads guilty to an 2040
offense in that case, the sentence to be imposed or disposition to 2041
be made of the child shall be determined in accordance with 2042
section 2152.121 of the Revised Code.2043

       (B) Except as provided in division (A) of this section, after 2044
a complaint has been filed alleging that a child is a delinquent 2045
child for committing an act that would be a felony if committed by 2046
an adult, the juvenile court at a hearing may transfer the case if 2047
the court finds all of the following:2048

       (1) The child was fourteen years of age or older at the time 2049
of the act charged.2050

       (2) There is probable cause to believe that the child 2051
committed the act charged.2052

       (3) The child is not amenable to care or rehabilitation 2053
within the juvenile system, and the safety of the community may 2054
require that the child be subject to adult sanctions. In making 2055
its decision under this division, the court shall consider whether 2056
the applicable factors under division (D) of this section 2057
indicating that the case should be transferred outweigh the 2058
applicable factors under division (E) of this section indicating 2059
that the case should not be transferred. The record shall indicate 2060
the specific factors that were applicable and that the court 2061
weighed.2062

       (C) Before considering a transfer under division (B) of this 2063
section, the juvenile court shall order an investigation into the 2064
child's social history, education, family situation, and any other 2065
factor bearing on whether the child is amenable to juvenile 2066
rehabilitation, including a mental examination of the child by a 2067
public or private agency or a person qualified to make the 2068
examination. The investigation shall be completed and a report on 2069
the investigation shall be submitted to the court as soon as 2070
possible but not more than forty-five calendar days after the 2071
court orders the investigation. The court may grant one or more 2072
extensions for a reasonable length of time. The child may waive 2073
the examination required by this division if the court finds that 2074
the waiver is competently and intelligently made. Refusal to 2075
submit to a mental examination by the child constitutes a waiver 2076
of the examination.2077

       (D) In considering whether to transfer a child under division 2078
(B) of this section, the juvenile court shall consider the 2079
following relevant factors, and any other relevant factors, in 2080
favor of a transfer under that division:2081

       (1) The victim of the act charged suffered physical or 2082
psychological harm, or serious economic harm, as a result of the 2083
alleged act.2084

       (2) The physical or psychological harm suffered by the victim 2085
due to the alleged act of the child was exacerbated because of the 2086
physical or psychological vulnerability or the age of the victim.2087

       (3) The child's relationship with the victim facilitated the 2088
act charged.2089

       (4) The child allegedly committed the act charged for hire or 2090
as a part of a gang or other organized criminal activity.2091

       (5) The child had a firearm on or about the child's person or 2092
under the child's control at the time of the act charged, the act 2093
charged is not a violation of section 2923.12 of the Revised Code, 2094
and the child, during the commission of the act charged, allegedly 2095
used or displayed the firearm, brandished the firearm, or 2096
indicated that the child possessed a firearm.2097

       (6) At the time of the act charged, the child was awaiting 2098
adjudication or disposition as a delinquent child, was under a 2099
community control sanction, or was on parole for a prior 2100
delinquent child adjudication or conviction.2101

       (7) The results of any previous juvenile sanctions and 2102
programs indicate that rehabilitation of the child will not occur 2103
in the juvenile system.2104

       (8) The child is emotionally, physically, or psychologically 2105
mature enough for the transfer.2106

       (9) There is not sufficient time to rehabilitate the child 2107
within the juvenile system.2108

       (E) In considering whether to transfer a child under division 2109
(B) of this section, the juvenile court shall consider the 2110
following relevant factors, and any other relevant factors, 2111
against a transfer under that division:2112

       (1) The victim induced or facilitated the act charged.2113

       (2) The child acted under provocation in allegedly committing 2114
the act charged.2115

       (3) The child was not the principal actor in the act charged, 2116
or, at the time of the act charged, the child was under the 2117
negative influence or coercion of another person.2118

       (4) The child did not cause physical harm to any person or 2119
property, or have reasonable cause to believe that harm of that 2120
nature would occur, in allegedly committing the act charged.2121

       (5) The child previously has not been adjudicated a 2122
delinquent child.2123

       (6) The child is not emotionally, physically, or 2124
psychologically mature enough for the transfer.2125

       (7) The child has a mental illness or is a mentally retarded 2126
person.2127

       (8) There is sufficient time to rehabilitate the child within 2128
the juvenile system and the level of security available in the 2129
juvenile system provides a reasonable assurance of public safety.2130

       (F) If one or more complaints are filed alleging that a child 2131
is a delinquent child for committing two or more acts that would 2132
be offenses if committed by an adult, if a motion is made alleging 2133
that division (A) of this section applies and requires that the 2134
case or cases involving one or more of the acts charged be 2135
transferred for, and if a motion also is made requesting that the 2136
case or cases involving one or more of the acts charged be 2137
transferred pursuant to division (B) of this section, the juvenile 2138
court, in deciding the motions, shall proceed in the following 2139
manner:2140

       (1) Initially, the court shall decide the motion alleging 2141
that division (A) of this section applies and requires that the 2142
case or cases involving one or more of the acts charged be 2143
transferred.2144

       (2) If the court determines that division (A) of this section 2145
applies and requires that the case or cases involving one or more 2146
of the acts charged be transferred, the court shall transfer the 2147
case or cases in accordance with that division. After the transfer 2148
pursuant to division (A) of this section, the court shall decide, 2149
in accordance with division (B) of this section, whether to grant 2150
the motion requesting that the case or cases involving one or more 2151
of the acts charged be transferred pursuant to that division. 2152
Notwithstanding division (B) of this section, prior to 2153
transferring a case pursuant to division (A) of this section, the 2154
court is not required to consider any factor specified in division 2155
(D) or (E) of this section or to conduct an investigation under 2156
division (C) of this section.2157

       (3) If the court determines that division (A) of this section 2158
does not require that the case or cases involving one or more of 2159
the acts charged be transferred, the court shall decide in 2160
accordance with division (B) of this section whether to grant the 2161
motion requesting that the case or cases involving one or more of 2162
the acts charged be transferred pursuant to that division.2163

       (4) No report on an investigation conducted pursuant to 2164
division (C) of this section shall include details of the alleged 2165
offense as reported by the child.2166

       (G) The court shall give notice in writing of the time, 2167
place, and purpose of any hearing held pursuant to division (A) or 2168
(B) of this section to the child's parents, guardian, or other 2169
custodian and to the child's counsel at least three days prior to 2170
the hearing.2171

       (H) No person, either before or after reaching eighteen years 2172
of age, shall be prosecuted as an adult for an offense committed 2173
prior to becoming eighteen years of age, unless the person has 2174
been transferred as provided in division (A) or (B) of this 2175
section or unless division (J) of this section applies. Any 2176
prosecution that is had in a criminal court on the mistaken belief 2177
that the person who is the subject of the case was eighteen years 2178
of age or older at the time of the commission of the offense shall 2179
be deemed a nullity, and the person shall not be considered to 2180
have been in jeopardy on the offense.2181

       (I) Upon the transfer of a case under division (A) or (B) of 2182
this section, the juvenile court shall state the reasons for the 2183
transfer on the record, and shall order the child to enter into a 2184
recognizance with good and sufficient surety for the child's 2185
appearance before the appropriate court for any disposition that 2186
the court is authorized to make for a similar act committed by an 2187
adult. The transfer abates the jurisdiction of the juvenile court 2188
with respect to the delinquent acts alleged in the complaint, and, 2189
upon the transfer, all further proceedings pertaining to the act 2190
charged shall be discontinued in the juvenile court, and the case 2191
then shall be within the jurisdiction of the court to which it is 2192
transferred as described in division (H) of section 2151.23 of the 2193
Revised Code.2194

       (J) If a person under eighteen years of age allegedly commits 2195
an act that would be a felony if committed by an adult and if the 2196
person is not taken into custody or apprehended for that act until 2197
after the person attains twenty-one years of age, the juvenile 2198
court does not have jurisdiction to hear or determine any portion 2199
of the case charging the person with committing that act. In those 2200
circumstances, divisions (A) and (B) of this section do not apply 2201
regarding the act, and the case charging the person with 2202
committing the act shall be a criminal prosecution commenced and 2203
heard in the appropriate court having jurisdiction of the offense 2204
as if the person had been eighteen years of age or older when the 2205
person committed the act. All proceedings pertaining to the act 2206
shall be within the jurisdiction of the court having jurisdiction 2207
of the offense, and that court has all the authority and duties in 2208
the case as it has in other criminal cases in that court.2209

       Sec. 2152.121.  (A) If a complaint is filed against a child 2210
alleging that the child is a delinquent child and the case is 2211
transferred pursuant to division (A)(1)(a)(i) or (A)(1)(b)(ii) of 2212
section 2152.12 of the Revised Code, the juvenile court that 2213
transferred the case shall retain jurisdiction for purposes of 2214
making disposition of the child when required under division (B) 2215
of this section.2216

       (B) If a complaint is filed against a child alleging that the 2217
child is a delinquent child, if the case is transferred pursuant 2218
to division (A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of 2219
the Revised Code, and if the child subsequently is convicted of or 2220
pleads guilty to an offense in that case, the sentence to be 2221
imposed or disposition to be made of the child shall be determined 2222
as follows:2223

       (1) The court in which the child is convicted of or pleads 2224
guilty to the offense shall determine whether, had a complaint 2225
been filed in juvenile court alleging that the child was a 2226
delinquent child for committing an act that would be that offense 2227
if committed by an adult, division (A) of section 2152.12 of the 2228
Revised Code would have required mandatory transfer of the case or 2229
division (B) of that section would have allowed discretionary 2230
transfer of the case. The court shall not consider the factor 2231
specified in division (B)(3) of section 2152.12 of the Revised 2232
Code in making its determination under this division.2233

       (2) If the court in which the child is convicted of or pleads 2234
guilty to the offense determines under division (B)(1) of this 2235
section that, had a complaint been filed in juvenile court 2236
alleging that the child was a delinquent child for committing an 2237
act that would be that offense if committed by an adult, division 2238
(A) of section 2152.12 of the Revised Code would not have required 2239
mandatory transfer of the case, and division (B) of that section 2240
would not have allowed discretionary transfer of the case, the 2241
court shall transfer jurisdiction of the case back to the juvenile 2242
court that initially transferred the case, the court and all other 2243
agencies that have any record of the conviction of the child or 2244
the child's guilty plea shall expunge the conviction or guilty 2245
plea and all records of it, the conviction or guilty plea shall be 2246
considered and treated for all purposes other than as provided in 2247
this section to have never occurred, the conviction or guilty plea 2248
shall be considered and treated for all purposes other than as 2249
provided in this section to have been a delinquent child 2250
adjudication of the child, and the juvenile court shall impose one 2251
or more traditional juvenile dispositions upon the child under 2252
sections 2152.19 and 2152.20 of the Revised Code.2253

       (3) If the court in which the child is convicted of or pleads 2254
guilty to the offense determines under division (B)(1) of this 2255
section that, had a complaint been filed in juvenile court 2256
alleging that the child was a delinquent child for committing an 2257
act that would be that offense if committed by an adult, division 2258
(A) of section 2152.12 of the Revised Code would not have required 2259
mandatory transfer of the case but division (B) of that section 2260
would have allowed discretionary transfer of the case, the court 2261
shall determine the sentence it believes should be imposed upon 2262
the child under Chapter 2929. of the Revised Code, shall impose 2263
that sentence upon the child, and shall stay that sentence pending 2264
completion of the procedures specified in this division. Upon 2265
imposition and staying of the sentence, the court shall transfer 2266
jurisdiction of the case back to the juvenile court that initially 2267
transferred the case and the juvenile court shall proceed in 2268
accordance with this division. In no case may the child waive a 2269
right to a hearing of the type described in division (B)(3)(b) of 2270
this section, regarding a motion filed as described in that 2271
division by the prosecuting attorney in the case. Upon transfer of 2272
jurisdiction of the case back to the juvenile court, both of the 2273
following apply:2274

       (a) Except as otherwise provided in division (B)(3)(b) of 2275
this section, the juvenile court shall impose a serious youthful 2276
offender dispositional sentence upon the child under division 2277
(D)(1) of section 2152.13 of the Revised Code. In imposing the 2278
adult portion of that sentence, the juvenile court shall consider 2279
and give preference to the sentence imposed upon the child by the 2280
court in which the child was convicted of or pleaded guilty to the 2281
offense. Upon imposing a serious youthful offender dispositional 2282
sentence upon the child as described in this division, the 2283
juvenile court shall notify the court in which the child was 2284
convicted of or pleaded guilty to the offense, the sentence 2285
imposed upon the child by that court shall terminate, the court 2286
and all other agencies that have any record of the conviction of 2287
the child or the child's guilty plea shall expunge the conviction 2288
or guilty plea and all records of it, the conviction or guilty 2289
plea shall be considered and treated for all purposes other than 2290
as provided in this section to have never occurred, and the 2291
conviction or guilty plea shall be considered and treated for all 2292
purposes other than as provided in this section to have been a 2293
delinquent child adjudication of the child.2294

       (b) UponWithin fourteen days after the filing of the journal 2295
entry regarding the transfer, the prosecuting attorney in the case 2296
may file a motion in the juvenile court that objects to the 2297
imposition of a serious youthful offender dispositional sentence 2298
upon the child and requests that the sentence imposed upon the 2299
child by the court in which the child was convicted of or pleaded 2300
guilty to the offense be invoked. Upon the filing of a motion 2301
under this division, the juvenile court shall hold a hearing to 2302
determine whether the child is not amenable to care or 2303
rehabilitation within the juvenile system and whether the safety 2304
of the community may require that the child be subject solely to 2305
adult sanctions. If the juvenile court at the hearing finds that 2306
the child is not amenable to care or rehabilitation within the 2307
juvenile system or that the safety of the community may require 2308
that the child be subject solely to adult sanctions, the court 2309
shall grant the motion. Absent such a finding, the juvenile court 2310
shall deny the motion. In making its decision under this division, 2311
the juvenile court shall consider the factors listed in division 2312
(D) of section 2152.12 of the Revised Code as factors indicating 2313
that the motion should be granted, shall consider the factors 2314
listed in division (E) of that section as factors indicating that 2315
the motion should not be granted, and shall consider whether the 2316
applicable factors listed in division (D) of that section outweigh 2317
the applicable factors listed in division (E) of that section.2318

       If the juvenile court grants the motion of the prosecuting 2319
attorney under this division, the juvenile court shall transfer 2320
jurisdiction of the case back to the court in which the child was 2321
convicted of or pleaded guilty to the offense, and the sentence 2322
imposed by that court shall be invoked. If the juvenile court 2323
denies the motion of the prosecuting attorney under this section, 2324
the juvenile court shall impose a serious youthful offender 2325
dispositional sentence upon the child in accordance with division 2326
(B)(3)(a) of this section. 2327

       (4) If the court in which the child is convicted of or pleads 2328
guilty to the offense determines under division (B)(1) of this 2329
section that, had a complaint been filed in juvenile court 2330
alleging that the child was a delinquent child for committing an 2331
act that would be that offense if committed by an adult, division 2332
(A) of section 2152.12 of the Revised Code would have required 2333
mandatory transfer of the case, the court shall impose sentence 2334
upon the child under Chapter 2929. of the Revised Code.2335

       Sec. 2152.18.  (A) When a juvenile court commits a delinquent 2336
child to the custody of the department of youth services pursuant 2337
to this chapter, the court shall not designate the specific 2338
institution in which the department is to place the child but 2339
instead shall specify that the child is to be institutionalized in 2340
a secure facility.2341

       (B) When a juvenile court commits a delinquent child to the 2342
custody of the department of youth services pursuant to this 2343
chapter, the court shall state in the order of commitment the 2344
total number of days that the child has been held in detention2345
confined in connection with the delinquent child complaint upon 2346
which the order of commitment is based. The court shall not 2347
include days that the child has been under electronic monitoring 2348
or house arrest or days that the child has been confined in a 2349
halfway house. The department shall reduce the minimum period of 2350
institutionalization that was ordered by both the total number of 2351
days that the child has been so held in detentionconfined as 2352
stated by the court in the order of commitment and the total 2353
number of any additional days that the child has been held in 2354
detentionconfined subsequent to the order of commitment but prior 2355
to the transfer of physical custody of the child to the 2356
department.2357

       (C)(1) When a juvenile court commits a delinquent child to 2358
the custody of the department of youth services pursuant to this 2359
chapter, the court shall provide the department with the child's 2360
medical records, a copy of the report of any mental examination of 2361
the child ordered by the court, the Revised Code section or 2362
sections the child violated and the degree of each violation, the 2363
warrant to convey the child to the department, a copy of the 2364
court's journal entry ordering the commitment of the child to the 2365
legal custody of the department, a copy of the arrest record 2366
pertaining to the act for which the child was adjudicated a 2367
delinquent child, a copy of any victim impact statement pertaining 2368
to the act, and any other information concerning the child that 2369
the department reasonably requests. The court also shall complete 2370
the form for the standard predisposition investigation report that 2371
the department furnishes pursuant to section 5139.04 of the 2372
Revised Code and provide the department with the completed form.2373

       The department may refuse to accept physical custody of a 2374
delinquent child who is committed to the legal custody of the 2375
department until the court provides to the department the 2376
documents specified in this division. No officer or employee of 2377
the department who refuses to accept physical custody of a 2378
delinquent child who is committed to the legal custody of the 2379
department shall be subject to prosecution or contempt of court 2380
for the refusal if the court fails to provide the documents 2381
specified in this division at the time the court transfers the 2382
physical custody of the child to the department.2383

       (2) Within twenty working days after the department of youth 2384
services receives physical custody of a delinquent child from a 2385
juvenile court, the court shall provide the department with a 2386
certified copy of the child's birth certificate and the child's 2387
social security number or, if the court made all reasonable 2388
efforts to obtain the information but was unsuccessful, with 2389
documentation of the efforts it made to obtain the information.2390

       (3) If an officer is preparing pursuant to section 2947.06 or 2391
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence 2392
investigation report pertaining to a person, the department shall 2393
make available to the officer, for use in preparing the report, 2394
any records or reports it possesses regarding that person that it 2395
received from a juvenile court pursuant to division (C)(1) of this 2396
section or that pertain to the treatment of that person after the 2397
person was committed to the custody of the department as a 2398
delinquent child.2399

       (D)(1) Within ten days after an adjudication that a child is 2400
a delinquent child, the court shall give written notice of the 2401
adjudication to the superintendent of a city, local, exempted 2402
village, or joint vocational school district, and to the principal 2403
of the school the child attends, if the basis of the adjudication 2404
was the commission of an act that would be a criminal offense if 2405
committed by an adult, if the act was committed by the delinquent 2406
child when the child was fourteen years of age or older, and if 2407
the act is any of the following:2408

       (a) An act that would be a felony or an offense of violence 2409
if committed by an adult, an act in the commission of which the 2410
child used or brandished a firearm, or an act that is a violation 2411
of section 2907.06, 2907.07, 2907.08, 2907.09, 2907.24, or 2412
2907.241 of the Revised Code and that would be a misdemeanor if 2413
committed by an adult;2414

       (b) A violation of section 2923.12 of the Revised Code or of 2415
a substantially similar municipal ordinance that would be a 2416
misdemeanor if committed by an adult and that was committed on 2417
property owned or controlled by, or at an activity held under the 2418
auspices of, the board of education of that school district;2419

       (c) A violation of division (A) of section 2925.03 or 2925.11 2420
of the Revised Code that would be a misdemeanor if committed by an 2421
adult, that was committed on property owned or controlled by, or 2422
at an activity held under the auspices of, the board of education 2423
of that school district, and that is not a minor drug possession 2424
offense;2425

       (d) An act that would be a criminal offense if committed by 2426
an adult and that results in serious physical harm to persons or 2427
serious physical harm to property while the child is at school, on 2428
any other property owned or controlled by the board, or at an 2429
interscholastic competition, an extracurricular event, or any 2430
other school program or activity;2431

       (e) Complicity in any violation described in division 2432
(D)(1)(a), (b), (c), or (d) of this section that was alleged to 2433
have been committed in the manner described in division (D)(1)(a), 2434
(b), (c), or (d) of this section, regardless of whether the act of 2435
complicity was committed on property owned or controlled by, or at 2436
an activity held under the auspices of, the board of education of 2437
that school district.2438

       (2) The notice given pursuant to division (D)(1) of this 2439
section shall include the name of the child who was adjudicated to 2440
be a delinquent child, the child's age at the time the child 2441
committed the act that was the basis of the adjudication, and 2442
identification of the violation of the law or ordinance that was 2443
the basis of the adjudication.2444

       (3) Within fourteen days after committing a delinquent child 2445
to the custody of the department of youth services, the court 2446
shall give notice to the school attended by the child of the 2447
child's commitment by sending to that school a copy of the court's 2448
journal entry ordering the commitment. As soon as possible after 2449
receipt of the notice described in this division, the school shall 2450
provide the department with the child's school transcript. 2451
However, the department shall not refuse to accept a child 2452
committed to it, and a child committed to it shall not be held in 2453
a county or district detention facility, because of a school's 2454
failure to provide the school transcript that it is required to 2455
provide under this division.2456

       (4) Within fourteen days after discharging or releasing a 2457
child from an institution under its control, the department of 2458
youth services shall provide the court and the superintendent of 2459
the school district in which the child is entitled to attend 2460
school under section 3313.64 or 3313.65 of the Revised Code with 2461
the following:2462

        (a) An updated copy of the child's school transcript;2463

        (b) A report outlining the child's behavior in school while 2464
in the custody of the department;2465

        (c) The child's current individualized education program, as 2466
defined in section 3323.01 of the Revised Code, if such a program 2467
has been developed for the child;2468

        (d) A summary of the institutional record of the child's 2469
behavior. 2470

       The department also shall provide the court with a copy of 2471
any portion of the child's institutional record that the court 2472
specifically requests, within five working days of the request.2473

       (E) At any hearing at which a child is adjudicated a 2474
delinquent child or as soon as possible after the hearing, the 2475
court shall notify all victims of the delinquent act who may be 2476
entitled to a recovery under any of the following sections of the 2477
right of the victims to recover, pursuant to section 3109.09 of 2478
the Revised Code, compensatory damages from the child's parents; 2479
of the right of the victims to recover, pursuant to section 2480
3109.10 of the Revised Code, compensatory damages from the child's 2481
parents for willful and malicious assaults committed by the child; 2482
and of the right of the victims to recover an award of reparations 2483
pursuant to sections 2743.51 to 2743.72 of the Revised Code.2484

       Sec. 2152.26.  (A) Except as provided in divisions (B) and 2485
(F) of this section, a child alleged to be or adjudicated a 2486
delinquent child or a juvenile traffic offender may be held only 2487
in the following places:2488

       (1) A certified foster home or a home approved by the court;2489

       (2) A facility operated by a certified child welfare agency;2490

       (3) Any other suitable place designated by the court.2491

       (B) In addition to the places listed in division (A) of this 2492
section, a child alleged to be or adjudicated a delinquent child 2493
or a person described in division (C)(7) of section 2152.02 of the 2494
Revised Code may be held in a detention facility for delinquent 2495
children that is under the direction or supervision of the court 2496
or other public authority or of a private agency and approved by 2497
the court and a child adjudicated a delinquent child may be held 2498
in accordance with division (F)(2) of this section in a facility 2499
of a type specified in that division. Division (B) of this section 2500
does not apply to a child alleged to be or adjudicated a 2501
delinquent child for chronic truancy, unless the child violated a 2502
lawful court order made pursuant to division (A)(6) of section 2503
2152.19 of the Revised Code. Division (B) of this section also 2504
does not apply to a child alleged to be or adjudicated a 2505
delinquent child for being an habitual truant who previously has 2506
been adjudicated an unruly child for being an habitual truant, 2507
unless the child violated a lawful court order made pursuant to 2508
division (C)(1)(e) of section 2151.354 of the Revised Code.2509

       (C)(1) Except as provided under division (C)(1) of section 2510
2151.311 of the Revised Code or division (A)(5) of section 2152.21 2511
of the Revised Code, a child alleged to be or adjudicated a 2512
juvenile traffic offender may not be held in any of the following 2513
facilities:2514

       (a) A state correctional institution, county, multicounty, or 2515
municipal jail or workhouse, or other place in which an adult 2516
convicted of crime, under arrest, or charged with a crime is held.2517

       (b) A secure correctional facility.2518

       (2) Except as provided under this section, sections 2151.56 2519
to 2151.59, and divisions (A)(5) and (6) of section 2152.21 of the 2520
Revised Code, a child alleged to be or adjudicated a juvenile 2521
traffic offender may not be held for more than twenty-four hours 2522
in a detention facility.2523

       (D) Except as provided in division (F) of this section or in 2524
division (C) of section 2151.311, in division (C)(2) of section 2525
5139.06 and section 5120.162, or in division (B) of section 2526
5120.16 of the Revised Code, a child who is alleged to be or is 2527
adjudicated a delinquent child or a person described in division 2528
(C)(7) of section 2152.02 of the Revised Code may not be held in a 2529
state correctional institution, county, multicounty, or municipal 2530
jail or workhouse, or other place where an adult convicted of 2531
crime, under arrest, or charged with crime is held.2532

       (E) Unless the detention is pursuant to division (F) of this 2533
section or division (C) of section 2151.311, division (C)(2) of 2534
section 5139.06 and section 5120.162, or division (B) of section 2535
5120.16 of the Revised Code, the official in charge of the 2536
institution, jail, workhouse, or other facility shall inform the 2537
court immediately when a child,person who is or appears to be 2538
under the age of eighteen years, or a person who is charged with a 2539
violation of an order of a juvenile court or a violation of 2540
probation or parole conditions imposed by a juvenile court and who 2541
is or appears to be between the ages of eighteen and twenty-one 2542
years, is received at the facility, and shall deliver the child2543
person to the court upon request or transfer the childperson to 2544
a detention facility designated by the court.2545

       (F)(1) If a case is transferred to another court for criminal 2546
prosecution pursuant to section 2152.12 of the Revised Code and 2547
the alleged offender is a person described in division (C)(7) of 2548
section 2152.02 of the Revised Code, the childperson may not be 2549
transferred for detention pending the criminal prosecution in a 2550
jail or other facility in accordance with the law governing the 2551
detention of persons charged with crimeexcept under the 2552
circumstances described in division (F)(4) of this section. Any 2553
child so held in accordance with division (F)(3) of this section2554
shall be confined in a manner that keeps the child beyond the 2555
range of touchsight and sound of all adult detainees. The child 2556
shall be supervised at all times during the detention.2557

       (2) If a person is adjudicated a delinquent child or juvenile 2558
traffic offender or is a person described in division (C)(7) of 2559
section 2152.02 of the Revised Code and the court makes a 2560
disposition of the person under this chapter, at any time after 2561
the person attains eighteentwenty-one years of age, the person 2562
may be held under that disposition or under the circumstances 2563
described in division (F)(4) of this section in places other than 2564
those specified in division (A) of this section, including, but 2565
not limited to, a county, multicounty, or municipal jail or 2566
workhouse, or other place where an adult convicted of crime, under 2567
arrest, or charged with crime is held.2568

       (3)(a) A person alleged to be a delinquent child may be held 2569
in places other than those specified in division (A) of this 2570
section, including, but not limited to, a county, multicounty, or 2571
municipal jail, if the delinquent act that the child allegedly 2572
committed would be a felony if committed by an adult, and if 2573
either of the following applies:2574

       (i) The person attains eighteentwenty-one years of age 2575
before the person is arrested or apprehended for that act.2576

       (ii) The person is arrested or apprehended for that act 2577
before the person attains eighteentwenty-one years of age, but 2578
the person attains eighteentwenty-one years of age before the 2579
court orders a disposition in the case.2580

       (b) If, pursuant to division (F)(3)(a) of this section, a 2581
person is held in a place other than a place specified in division 2582
(A) of this section, the person has the same rights to bail as an 2583
adult charged with the same offense who is confined in a jail 2584
pending trial.2585

       (4)(a) Any person whose case is transferred for criminal 2586
prosecution pursuant to section 2151.10 or 2152.12 of the Revised 2587
Code or any person who has attained the age of eighteen years but 2588
has not attained the age of twenty-one years and who is being held 2589
in a place specified in division (B) of this section may be held 2590
under that disposition or charge in places other than those 2591
specified in division (B) of this section, including a county, 2592
multicounty, or municipal jail or workhouse, or other place where 2593
an adult under arrest or charged with crime is held if the 2594
juvenile court, upon its own motion or upon motion by the 2595
prosecutor and after notice and hearing, establishes by a 2596
preponderance of the evidence and makes written findings that the 2597
youth is a threat to the safety and security of the facility. 2598
Evidence that the youth is a threat to the safety and security of 2599
the facility may include, but is not limited to, whether the youth 2600
has done any of the following:2601

       (i) Injured or created an imminent danger to the life or 2602
health of another youth or staff member in the facility or program 2603
by violent behavior;2604

       (ii) Escaped from the facility or program in which the youth 2605
is being held on more than one occasion;2606

       (iii) Established a pattern of disruptive behavior as 2607
verified by a written record that the youth's behavior is not 2608
conducive to the established policies and procedures of the 2609
facility or program in which the youth is being held. 2610

       (b) If the prosecutor submits a motion requesting that the 2611
person be held in a place other than those specified in division 2612
(B) of this section or if the court submits its own motion, the 2613
juvenile court shall hold a hearing within five days of the filing 2614
of the motion, and, in determining whether a place other than 2615
those specified in division (B) of this section is the appropriate 2616
place of confinement for the person, the court shall consider the 2617
following factors:2618

       (i) The age of the person;2619

       (ii) Whether the person would be deprived of contact with 2620
other people for a significant portion of the day or would not 2621
have access to recreational facilities or age-appropriate 2622
educational opportunities in order to provide physical separation 2623
from adults;2624

       (iii) The person's current emotional state, intelligence, and 2625
developmental maturity, including any emotional and psychological 2626
trauma, and the risk to the person in an adult facility, which may 2627
be evidenced by mental health or psychological assessments or 2628
screenings made available to the prosecuting attorney and the 2629
defense counsel;2630

       (iv) Whether detention in a juvenile facility would 2631
adequately serve the need for community protection pending the 2632
outcome of the criminal proceeding;2633

       (v) The relative ability of the available adult and juvenile 2634
detention facilities to meet the needs of the person, including 2635
the person's need for age-appropriate mental health and 2636
educational services delivered by individuals specifically trained 2637
to deal with youth;2638

       (vi) Whether the person presents an imminent risk of 2639
self-inflicted harm or an imminent risk of harm to others within a 2640
juvenile facility;2641

       (vii) Any other factors the juvenile court considers to be 2642
relevant.2643

       (c) If the juvenile court determines that a place other than 2644
those specified in division (B) of this section is the appropriate 2645
place for confinement of a person pursuant to division (F)(4)(a) 2646
of this section, the person may petition the juvenile court for a 2647
review hearing thirty days after the initial confinement decision, 2648
thirty days after any subsequent review hearing, or at any time 2649
after the initial confinement decision upon an emergency petition 2650
by the youth due to the youth facing an imminent danger from 2651
others or the youth's self. Upon receipt of the petition, the 2652
juvenile court has discretion over whether to conduct the review 2653
hearing and may set the matter for a review hearing if the youth 2654
has alleged facts or circumstances that, if true, would warrant 2655
reconsideration of the youth's placement in a place other than 2656
those specified in division (B) of this section based on the 2657
factors listed in division (F)(4)(b) of this section.2658

       (d) Upon the admission of a person described in division 2659
(F)(4)(a) of this section to a place other than those specified in 2660
division (B) of this section, the facility shall advise the person 2661
of the person's right to request a review hearing as described in 2662
division (F)(4)(d) of this section.2663

       (e) Any person transferred under division (F)(4)(a) of this 2664
section to a place other than those specified in division (B) of 2665
this section shall be confined in a manner that keeps the person 2666
beyond sight and sound of all adult detainees. The person shall be 2667
supervised at all times during the detention.2668

       Sec. 2152.52.  (A)(1) In any proceeding under this chapter 2669
other than a proceeding alleging that a child is an unruly child 2670
or a juvenile traffic offender, any party or the court may move 2671
for a determination regarding the child's competency to 2672
participate in the proceeding.2673

       (2) In any proceeding under this chapter other than a 2674
proceeding alleging that a child is an unruly child or a juvenile 2675
traffic offender, if the child who is the subject of the 2676
proceeding is fourteen years of age or older and if the child is 2677
not otherwise found to be mentally ill, intellectually disabled, 2678
or developmentally disabled, it is rebuttably presumed that the 2679
child does not have a lack of mental capacity. This presumption 2680
applies only in making a determination as to whether the child has 2681
a lack of mental capacity and shall not be used or applicable for 2682
any other purpose.2683

       (B) The court may find a child incompetent to proceed without 2684
ordering an evaluation of the child's competency or holding a 2685
hearing to determine the child's competency if either of the 2686
following applies:2687

       (1) The prosecuting attorney, the child's attorney, and at 2688
least one of the child's parents, guardians, or custodians agree 2689
to the determination.2690

       (2) The court relies on a prior court determination that the 2691
child was incompetent and could not attain competency even if the 2692
child were to participate in competency attainment services.2693

       Sec. 2152.56.  (A) Upon completing an evaluation ordered 2694
pursuant to section 2152.53 of the Revised Code, an evaluator 2695
shall submit to the court a written competency assessment report. 2696
The report shall include the evaluator's opinion as to whether the 2697
child, due to mental illness, intellectual disability, or 2698
developmental disability, or otherwise due to a lack of mental 2699
capacity, is presentlycurrently incapable of understanding the 2700
nature and objective of the proceedings against the child or of 2701
assisting in the child's defense. The report shall not include any 2702
opinion as to the child's sanity at the time of the alleged 2703
offense, details of the alleged offense as reported by the child, 2704
or an opinion as to whether the child actually committed the 2705
offense or could have been culpable for committing the offense.2706

       (B) A competency assessment report shall address the child's 2707
capacity to do all of the following: 2708

       (1) Comprehend and appreciate the charges or allegations 2709
against the child; 2710

       (2) Understand the adversarial nature of the proceedings, 2711
including the role of the judge, defense counsel, prosecuting 2712
attorney, guardian ad litem or court-appointed special assistant, 2713
and witnesses; 2714

       (3) Assist in the child's defense and communicate with 2715
counsel;2716

       (4) Comprehend and appreciate the consequences that may be 2717
imposed or result from the proceedings.2718

       (C) A competency assessment report shall include the 2719
evaluator's opinion regarding the extent to which the child's 2720
competency may be impaired by the child's failure to meet one or 2721
more of the criteria listed in division (B) of this section. If 2722
the evaluator concludes that the child's competency is impaired 2723
but that the child may be enabled to understand the nature and 2724
objectives of the proceeding against the child and to assist in 2725
the child's defense with reasonable accommodations, the report 2726
shall include recommendations for those reasonable accommodations 2727
that the court might make. If the evaluator concludes that the 2728
child's competency is so impaired that the child would not be able 2729
to understand the nature and objectives of the proceeding against 2730
the child andor to assist in the child's defense, the report 2731
shall include an opinion as to the likelihood that the child could 2732
attain competency within the periods set forth in division (D)(2) 2733
of section 2152.59 of the Revised Code.2734

       (D) If the evaluator concludes that the child could likely 2735
attain competency within the periods set forth in division (D)(2) 2736
of section 2152.59 of the Revised Code, the competency assessment 2737
report shall include both of the following:2738

       (1) A recommendation as to the least restrictive setting for 2739
child competency attainment services that is consistent with the 2740
child's ability to attain competency and the safety of both the 2741
child and the community;2742

       (2) A list of the providers of child competency attainment 2743
services known to the evaluator that are located most closely to 2744
the child's current residence.2745

       (E) If the evaluator is unable, within the maximum allowable 2746
time for submission of a competency assessment report under 2747
division (A) of section 2152.57 of the Revised Code, to form an 2748
opinion regarding the extent to which the child's competency may 2749
be impaired by the child's failure to meet one or more of the 2750
criteria listed in division (B) of this section, the evaluator 2751
shall so state in the report. The evaluator shall also include 2752
recommendations for services to support the safety of the child or 2753
the community. 2754

       Sec. 2152.59.  (A) If after a hearing held pursuant to 2755
section 2152.58 of the Revised Code the court determines that a 2756
child is competent, the court shall proceed with the delinquent 2757
child's proceeding as provided by law. No statement that a child 2758
makes during an evaluation or hearing conducted under sections 2759
2152.51 through 2152.59 of the Revised Code shall be used against 2760
the child on the issue of responsibility or guilt in any child or 2761
adult proceeding. 2762

       (B) If after a hearing held pursuant to section 2152.58 of 2763
the Revised Code the court determines that the child is not 2764
competent and cannot attain competency within the period of time 2765
applicable under division (D)(2) of this section, the court shall 2766
dismiss the charges without prejudice, except that the court may 2767
delay dismissal for up to ninety calendar days and do either of 2768
the following:2769

       (1) Refer the matter to a public children services agency and 2770
request that agency determine whether to file an action in 2771
accordance with section 2151.27 of the Revised Code alleging that 2772
the child is a dependent, neglected, or abused child;2773

       (2) Assign court staff to refer the child or the child's 2774
family to the local family and children first council or an agency 2775
funded by the department of mental health or department of 2776
developmental disabilities or otherwise secure services to reduce 2777
the potential that the child would engage in behavior that could 2778
result in delinquent child or other criminal charges.2779

       (C) If after a hearing held pursuant to section 2152.58 of 2780
the Revised Code the court determines that a child is not 2781
competent but could likely attain competency by participating in 2782
services specifically designed to help the child develop 2783
competency, the court may order the child to participate in 2784
services specifically designed to help the child develop 2785
competency at county expense. The court shall name a reliable 2786
provider to deliver the competency attainment services and shall 2787
order the child's parent, guardian, or custodian to contact that 2788
provider by a specified date to arrange for services. 2789

       (D) The competency attainment services provided to a child 2790
shall be based on a competency attainment plan described in 2791
division (E)(2) of this section and approved by the court. 2792
Services are subject to the following conditions and time periods 2793
measured from the date the court approves the plan:2794

       (1) Services shall be provided in the least restrictive 2795
setting that is consistent with the child's ability to attain 2796
competency and the safety of both the child and the community. If 2797
the child has been released on temporary or interim orders and 2798
refuses or fails to cooperate with the service provider, the court 2799
may reassess the orders and amend them to require a more 2800
appropriate setting. 2801

       (2) No child shall be required to participate in competency 2802
attainment services for longer than is required for the child to 2803
attain competency. The following maximum periods of participation 2804
apply:2805

       (a) If a child is ordered to participate in competency 2806
attainment services that are provided outside of a residential 2807
setting, the child shall not participate in those services for a 2808
period exceeding three months if the child is charged with an act 2809
that would be a misdemeanor if committed by an adult, six months 2810
if the child is charged with an act that would be a felony of the 2811
third, fourth, or fifth degree if committed by an adult, or one 2812
year if the child is charged with an act that would be a felony of 2813
the first or second degree, aggravated murder, or murder if 2814
committed by an adult.2815

       (b) If a child is ordered to receive competency attainment 2816
services that are provided in a residential setting that is 2817
operated solely or in part for the purpose of providing competency 2818
attainment services, the child shall not participate in those 2819
services for a period exceeding forty-five calendar days if the 2820
child is charged with an act that would be a misdemeanor if 2821
committed by an adult, three months if the child is charged with 2822
an act that would be a felony of the third, fourth, or fifth 2823
degree if committed by an adult, six months if the child is 2824
charged with an act that would be a felony of the first or second 2825
degree if committed by an adult, or one year if the child is 2826
charged with an act that would be aggravated murder or murder if 2827
committed by an adult. 2828

       (c) If a child is ordered into a residential, detention, or 2829
other secured setting for reasons other than to participate in 2830
competency attainment services and is also ordered to participate 2831
in competency attainment services concurrently, the child shall 2832
participate in the competency attainment services for not longer 2833
than the relevant period set forth in division (D)(2)(a) of this 2834
section.2835

       (d) If a child is ordered to participate in competency 2836
attainment services that require the child to live for some but 2837
not all of the duration of the services in a residential setting 2838
that is operated solely or in part for the purpose of providing 2839
competency attainment services, the child shall participate in the 2840
competency attainment services for not longer than the relevant 2841
period set forth in division (D)(2)(b) of this section. For the 2842
purpose of calculating a time period under division (D)(2)(d) of 2843
this section, two days of participation in a nonresidential 2844
setting shall equal one day of participation in a residential 2845
setting. 2846

       (3) A child who receives competency attainment services in a 2847
residential setting that is operated solely or partly for the 2848
purpose of providing competency attainment services is in 2849
detention for purposes of section 2921.34 and division (B) of 2850
section 2152.18 of the Revised Code during the time that the child 2851
resides in the residential setting.2852

       (E)(1) Within ten business days after the court names the 2853
provider responsible for the child's competency attainment 2854
services under division (D) of this section, the court shall 2855
deliver to that provider a copy of each competency assessment 2856
report it has received for review. The provider shall return the 2857
copies of the reports to the court upon the termination of the 2858
services.2859

       (2) Not later than thirty calendar days after the child 2860
contacts the competency attainment services provider under 2861
division (C) of this section, the provider shall submit to the 2862
court a plan for the child to attain competency. The court shall 2863
provide copies of the plan to the prosecuting attorney, the 2864
child's attorney, the child's guardian ad litem, if any, and the 2865
child's parents, guardian, or custodian.2866

       (F) The provider that provides the child's competency 2867
attainment services pursuant to the competency attainment plan 2868
shall submit reports to the court on the following schedule:2869

       (1) A report on the child's progress every thirty calendar 2870
days and on the termination of services;. The report shall not 2871
include any details of the alleged offense as reported by the 2872
child.2873

       (2) If the provider determines that the child is not 2874
cooperating to a degree that would allow the services to be 2875
effective to help the child attain competency, a report informing 2876
the court of the determination within three business days after 2877
making the determination;2878

       (3) If the provider determines that the current setting is no 2879
longer the least restrictive setting that is consistent with the 2880
child's ability to attain competency and the safety of both the 2881
child and the community, a report informing the court of the 2882
determination within three business days after making the 2883
determination;2884

       (4) If the provider determines that the child has achieved 2885
the goals of the plan and would be able to understand the nature 2886
and objectives of the proceeding against the child and to assist 2887
in the child's defense, with or without reasonable accommodations 2888
to meet the criteria set forth in division (B) of section 2152.56 2889
of the Revised Code, a report informing the court of that 2890
determination within three business days after making the 2891
determination. If the provider believes that accommodations would 2892
be necessary or desirable, the report shall include 2893
recommendations for accommodations.2894

       (5) If the provider determines that the child will not 2895
achieve the goals of the plan within the applicable period of time 2896
under division (D)(2) of this section, a report informing the 2897
court of the determination within three business days after making 2898
the determination. The report shall include recommendations for 2899
services for the child that would support the safety of the child 2900
or the community.2901

       (G) The court shall provide copies of any report made under 2902
division (F) of this section to the prosecuting attorney, the 2903
child's attorney, and the child's guardian ad litem, if any. The 2904
court shall provide copies of any report made under division (F) 2905
of this section to the child's parents, guardian, or custodian 2906
unless the court finds that doing so is not in the best interest 2907
of the child.2908

       (H)(1) Within fifteen business days after receiving a report 2909
under division (F) of this section, the court may hold a hearing 2910
to determine if a new order is necessary. To assist in making a 2911
determination under division (H) of this section, the court may 2912
order a new competency evaluation in accordance with section 2913
2152.53 of the Revised Code. Until a new order is issued or the 2914
required period of participation expires, the child shall continue 2915
to participate in competency attainment services.2916

       (2) If after a hearing held under division (H)(1) of this 2917
section the court determines that the child is not making progress 2918
toward competency or is so uncooperative that attainment services 2919
cannot be effective, the court may order a change in setting or 2920
services that would help the child attain competency within the 2921
relevant period of time under division (D)(2) of this section.2922

       (3) If after a hearing held under division (H)(1) of this 2923
section the court determines that the child has not or will not 2924
attain competency within the relevant period of time under 2925
division (D)(2) of this section, the court shall dismiss the 2926
delinquency complaint without prejudice, except that the court may 2927
delay dismissal for up to ninety calendar days and do either of 2928
the following:2929

       (a) Refer the matter to a public children services agency and 2930
request that agency determine whether to file an action in 2931
accordance with section 2151.27 of the Revised Code alleging that 2932
the child is a dependent, neglected, or abused child;2933

       (b) Assign court staff to refer the child or the child's 2934
family to the local family and children first council or an agency 2935
funded by the department of mental health or department of 2936
developmental disabilities or otherwise secure services to reduce 2937
the potential that the child would engage in behavior that could 2938
result in delinquency or other criminal charges.2939

       (4) A dismissal under division (H)(3) of this section does 2940
not preclude a future delinquent child proceeding or criminal 2941
prosecution as provided under section 2151.23 of the Revised Code 2942
if the child eventually attains competency.2943

       (5) If after a hearing held under division (H)(1) of this 2944
section the court determines that the child has attained 2945
competency, the court shall proceed with the delinquent child's 2946
proceeding in accordance with division (A) of this section.2947

       (6) A dismissal under this section does not bar a civil 2948
action based on the acts or omissions that formed the basis of the 2949
complaint.2950

       Sec. 2301.27.  (A)(1)(a) The court of common pleas may 2951
establish a county department of probation. The establishment of 2952
the department shall be entered upon the journal of the court, and 2953
the clerk of the court of common pleas shall certify a copy of the 2954
journal entry establishing the department to each elective officer 2955
and board of the county. The department shall consist of a chief 2956
probation officer and the number of other probation officers and 2957
employees, clerks, and stenographers that is fixed from time to 2958
time by the court. The court shall appoint those individuals, fix 2959
their salaries, and supervise their work. 2960

       (b) When appointing a chief probation officer, the court 2961
shall do all of the following:2962

       (i) Publicly advertise the position on the court's web site, 2963
including, but not limited to, the job description, qualifications 2964
for the position, and the application requirements;2965

       (ii) Conduct a competitive hiring process that adheres to 2966
state and federal equal employment opportunity laws;2967

       (iii) Review applicants who meet the posted qualifications 2968
and comply with the application requirements.2969

        (c) The court shall not appoint as a probation officer any 2970
person who does not possess the training, experience, and other 2971
qualifications prescribed by the adult parole authority created by 2972
section 5149.02 of the Revised Code or the department of youth 2973
services, as applicable. Probation officers have all the powers of 2974
regular police officers and shall perform any duties that are 2975
designated by the judge or judges of the court. All positions 2976
within the department of probation, except positions held by 2977
probation officers in the juvenile division of a court of common 2978
pleas, shall be in the classified service of the civil service of 2979
the county.2980

       (2) If two or more counties desire to jointly establish a 2981
probation department for those counties, the judges of the courts 2982
of common pleas of those counties may establish a probation 2983
department for those counties. If a probation department is 2984
established pursuant to division (A)(2) of this section to serve 2985
more than one county, the judges of the courts of common pleas 2986
that established the department shall designate the county 2987
treasurer of one of the counties served by the department as the 2988
treasurer to whom probation fees paid under section 2951.021 of 2989
the Revised Code are to be appropriated and transferred under 2990
division (A)(2) of section 321.44 of the Revised Code for deposit 2991
into the multicounty probation services fund established under 2992
division (B) of section 321.44 of the Revised Code.2993

       The cost of the administration and operation of a probation 2994
department established for two or more counties shall be prorated 2995
to the respective counties on the basis of population.2996

       (3) Probation officers shall receive, in addition to their 2997
respective salaries, their necessary and reasonable travel and 2998
other expenses incurred in the performance of their duties. Their 2999
salaries and expenses shall be paid monthly from the county 3000
treasury in the manner provided for the payment of the 3001
compensation of other appointees of the court.3002

       (4) ProbationAdult probation officers shall be trained in 3003
accordance with a set of minimum standards that are established by 3004
the adult parole authority of the department of rehabilitation and 3005
correction. Probation officers in the juvenile division of a court 3006
of common pleas shall be trained in accordance with a set of 3007
minimum standards that are established by the department of youth 3008
services.3009

       (B)(1)(a) In lieu of establishing a county department of 3010
probation under division (A) of this section and in lieu of 3011
entering into an agreement with the adult parole authority as 3012
described in division (B) of section 2301.32 of the Revised Code, 3013
the court of common pleas may request the board of county 3014
commissioners to contract with, and upon that request the board 3015
may contract with, any nonprofit, public or private agency, 3016
association, or organization for the provision of probation 3017
services and supervisory services for persons placed under 3018
community control sanctions. The contract shall specify that each 3019
individual providing the probation services and supervisory 3020
services shall possess the training, experience, and other 3021
qualifications prescribed by the adult parole authority or the 3022
department of youth services, as applicable. The individuals who 3023
provide the probation services and supervisory services shall not 3024
be included in the classified or unclassified civil service of the 3025
county.3026

       (b) A court of common pleas that has established a county 3027
probation department or has entered into an agreement with the 3028
adult parole authority as described in division (A) or (B) of 3029
section 2301.32 of the Revised Code may request the board of 3030
county commissioners to contract with, and upon that request the 3031
board may contract with, any nonprofit, public or private agency, 3032
association, or organization for the provision of probation 3033
services and supervisory services, including the preparation of 3034
presentence investigation reports to supplement the probation 3035
services and supervisory services provided by the county probation 3036
department or adult parole authority, as applicable. The contract 3037
shall specify that each individual providing the probation 3038
services and supervisory services shall possess the training, 3039
experience, and other qualifications prescribed by the adult 3040
parole authority. The individuals who provide the probation 3041
services and supervisory services shall not be included in the 3042
classified or unclassified civil service of the county. A 3043
nonprofit, public or private agency, association, or organization 3044
providing probation services or supervisory services under this 3045
division is hereby designated a criminal justice agency in the 3046
provision of those services, and as such is authorized by this 3047
state to apply for access to the computerized databases 3048
administered by the national crime information center or the law 3049
enforcement automated data system in Ohio and to other 3050
computerized databases administered for the purpose of making 3051
criminal justice information accessible to state criminal justice 3052
agencies.3053

       (2)(a) In lieu of establishing a county department of 3054
probation under division (A) of this section and in lieu of 3055
entering into an agreement with the adult parole authority as 3056
described in division (B) of section 2301.32 of the Revised Code, 3057
the courts of common pleas of two or more adjoining counties 3058
jointly may request the boards of county commissioners of those 3059
counties to contract with, and upon that request the boards of 3060
county commissioners of two or more adjoining counties jointly may 3061
contract with, any nonprofit, public or private agency, 3062
association, or organization for the provision of probation 3063
services and supervisory services for persons placed under 3064
community control sanctions for those counties. The contract shall 3065
specify that each individual providing the probation services and 3066
supervisory services shall possess the training, experience, and 3067
other qualifications prescribed by the adult parole authority or 3068
the department of youth services, as applicable. The individuals 3069
who provide the probation services and supervisory services shall 3070
not be included in the classified or unclassified civil service of 3071
any of those counties.3072

       (b) The courts of common pleas of two or more adjoining 3073
counties that have jointly established a probation department for 3074
those counties or have entered into an agreement with the adult 3075
parole authority as described in division (A) or (B) of section 3076
2301.32 of the Revised Code may jointly request the board of 3077
county commissioners of each county to contract with, and upon 3078
that request the board may contract with, any nonprofit, public or 3079
private agency, association, or organization for the provision of 3080
probation services and supervisory services, including the 3081
preparation of presentence investigation reports to supplement the 3082
probation services and supervisory services provided by the 3083
probation department or adult parole authority, as applicable. The 3084
contract shall specify that each individual providing the 3085
probation services and supervisory services shall possess the 3086
training, experience, and other qualifications prescribed by the 3087
adult parole authority. The individuals who provide the probation 3088
services and supervisory services shall not be included in the 3089
classified or unclassified civil service of the county. A 3090
nonprofit, public or private agency, association, or organization 3091
providing probation services or supervisory services under this 3092
division is hereby designated a criminal justice agency in the 3093
provision of those services, and as such is authorized by this 3094
state to apply for access to the computerized databases 3095
administered by the national crime information center or the law 3096
enforcement automated data system in Ohio and to other 3097
computerized databases administered for the purpose of making 3098
criminal justice information accessible to state criminal justice 3099
agencies.3100

       (C) The chief probation officer may grant permission to a 3101
probation officer to carry firearms when required in the discharge 3102
of official duties if the probation officer has successfully 3103
completed a basic firearm training program that is approved by the 3104
executive director of the Ohio peace officer training commission. 3105
A probation officer who has been granted permission to carry a 3106
firearm in the discharge of official duties, annually shall 3107
successfully complete a firearms requalification program in 3108
accordance with section 109.801 of the Revised Code.3109

       (D) As used in this section and sections 2301.28 to 2301.32 3110
of the Revised Code, "community control sanction" has the same 3111
meaning as in section 2929.01 of the Revised Code.3112

       Sec. 2301.271. (A) The adult parole authority of the 3113
department of rehabilitation and correction shall develop minimum 3114
standards for the training of adult probation officers as provided 3115
by section 2301.27 of the Revised Code. The adult parole authority 3116
shall consult and collaborate with the supreme court in developing 3117
the standards. The department of youth services shall develop 3118
minimum standards for the training of probation officers who 3119
supervise juvenile offenders.3120

       (B) Within six months after the effective date of this 3121
sectionSeptember 30, 2011, the department of rehabilitation and 3122
correction and, within six months after the effective date of this 3123
amendment, the department of youth services shall make available a 3124
copy of the minimum standards developed by the department, as 3125
applicable, to the following entities:3126

       (1) Every municipal court, county court, and court of common 3127
pleas;3128

       (2) Every probation department.3129

       Sec. 2705.031.  (A) As used in this section, "Title IV-D 3130
case" has the same meaning as in section 3125.01 of the Revised 3131
Code.3132

       (B)(1) Any party who has a legal claim to any support ordered 3133
for a child, spouse, or former spouse may initiate a contempt 3134
action for failure to pay the support. In Title IV-D cases, the 3135
contempt action for failure to pay support also may be initiated 3136
by an attorney retained by the party who has the legal claim, the 3137
prosecuting attorney, or an attorney of the department of job and 3138
family services or the child support enforcement agency.3139

       (2) Any parent who is granted parenting time rights under a 3140
parenting time order or decree issued pursuant to section 3109.051 3141
or 3109.12 of the Revised Code, any person who is granted 3142
visitation rights under a visitation order or decree issued 3143
pursuant to section 3109.051, 3109.11, or 3109.12 of the Revised 3144
Code or pursuant to any other provision of the Revised Code, or 3145
any other person who is subject to any parenting time or 3146
visitation order or decree, may initiate a contempt action for a 3147
failure to comply with, or an interference with, the order or 3148
decree.3149

       (C) In any contempt action initiated pursuant to division (B) 3150
of this section, the accused shall appear upon the summons and 3151
order to appear that is issued by the court. The summons shall 3152
include all of the following:3153

       (1) Notice that failure to appear may result in the issuance 3154
of an order of arrest, and in cases involving alleged failure to 3155
pay support, the issuance of an order for the payment of support 3156
by withholding an amount from the personal earnings of the accused 3157
or by withholding or deducting an amount from some other asset of 3158
the accused;3159

       (2) Notice that the accused has a right to counsel, and that 3160
if indigent, the accused must apply for a public defender or court 3161
appointed counsel within three business days after receipt of the 3162
summons;3163

       (3) Notice that the court may refuse to grant a continuance 3164
at the time of the hearing for the purpose of the accused 3165
obtaining counsel, if the accused fails to make a good faith 3166
effort to retain counsel or to obtain a public defender;3167

       (4) Notice of the potential penalties that could be imposed 3168
upon the accused, if the accused is found guilty of contempt for 3169
failure to pay support or for a failure to comply with, or an 3170
interference with, a parenting time or visitation order or decree;3171

       (5) Notice that the court may grant limited driving 3172
privileges under section 4510.021 of the Revised Code pursuant to 3173
a request made by the accused, if the driver's license was 3174
suspended based on a notice issued pursuant to section 3123.54 of 3175
the Revised Code by the child support enforcement agency and if 3176
the request is accompanied by a recent noncertified copy of a 3177
driver's abstract from the registrar of motor vehicles.3178

       (D) If the accused is served as required by the Rules of 3179
Civil Procedure or by any special statutory proceedings that are 3180
relevant to the case, the court may order the attachment of the 3181
person of the accused upon failure to appear as ordered by the 3182
court.3183

       (E) The imposition of any penalty for contempt under section 3184
2705.05 of the Revised Code shall not eliminate any obligation of 3185
the accused to pay any past, present, or future support obligation 3186
or any obligation of the accused to comply with or refrain from 3187
interfering with the parenting time or visitation order or decree. 3188
The court shall have jurisdiction to make a finding of contempt 3189
for the failure to pay support and to impose the penalties set 3190
forth in section 2705.05 of the Revised Code in all cases in which 3191
past due support is at issue even if the duty to pay support has 3192
terminated, and shall have jurisdiction to make a finding of 3193
contempt for a failure to comply with, or an interference with, a 3194
parenting time or visitation order or decree and to impose the 3195
penalties set forth in section 2705.05 of the Revised Code in all 3196
cases in which the failure or interference is at issue even if the 3197
parenting time or visitation order or decree no longer is in 3198
effect.3199

       Sec. 2907.24.  (A) No person shall solicit another to engage 3200
with such other person in sexual activity for hire.3201

       (B) No person, with knowledge that the person has tested 3202
positive as a carrier of a virus that causes acquired 3203
immunodeficiency syndrome, shall engage in conduct in violation of 3204
division (A) of this section.3205

       (C)(1) Whoever violates division (A) of this section is 3206
guilty of soliciting, a misdemeanor of the third degree.3207

       (2) Whoever violates division (B) of this section is guilty 3208
of engaging in solicitation after a positive HIV test. If the 3209
offender commits the violation prior to July 1, 1996, engaging in 3210
solicitation after a positive HIV test is a felony of the second 3211
degree. If the offender commits the violation on or after July 1, 3212
1996, engaging in solicitation after a positive HIV test is a 3213
felony of the third degree.3214

       (D) If a person is convicted of or pleads guilty to a 3215
violation of any provision of this section, an attempt to commit a 3216
violation of any provision of this section, or a violation of or 3217
an attempt to commit a violation of a municipal ordinance that is 3218
substantially equivalent to any provision of this section and if 3219
the person, in committing or attempting to commit the violation, 3220
was in, was on, or used a motor vehicle, the court, in addition to 3221
or independent of all other penalties imposed for the violation,3222
shallmay impose upon the offender a class six suspension of the 3223
person's driver's license, commercial driver's license, temporary 3224
instruction permit, probationary license, or nonresident operating 3225
privilege from the range specified in division (A)(6) of section 3226
4510.02 of the Revised Code. In lieu of imposing upon the offender 3227
the class six suspension, the court instead may require the 3228
offender to perform community service for a number of hours 3229
determined by the court.3230

       Sec. 2913.02.  (A) No person, with purpose to deprive the 3231
owner of property or services, shall knowingly obtain or exert 3232
control over either the property or services in any of the 3233
following ways:3234

       (1) Without the consent of the owner or person authorized to 3235
give consent;3236

       (2) Beyond the scope of the express or implied consent of the 3237
owner or person authorized to give consent;3238

       (3) By deception;3239

       (4) By threat;3240

       (5) By intimidation.3241

       (B)(1) Whoever violates this section is guilty of theft.3242

       (2) Except as otherwise provided in this division or division 3243
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of 3244
this section is petty theft, a misdemeanor of the first degree. If 3245
the value of the property or services stolen is one thousand 3246
dollars or more and is less than seven thousand five hundred 3247
dollars or if the property stolen is any of the property listed in 3248
section 2913.71 of the Revised Code, a violation of this section 3249
is theft, a felony of the fifth degree. If the value of the 3250
property or services stolen is seven thousand five hundred dollars 3251
or more and is less than one hundred fifty thousand dollars, a 3252
violation of this section is grand theft, a felony of the fourth 3253
degree. If the value of the property or services stolen is one 3254
hundred fifty thousand dollars or more and is less than seven 3255
hundred fifty thousand dollars, a violation of this section is 3256
aggravated theft, a felony of the third degree. If the value of 3257
the property or services is seven hundred fifty thousand dollars 3258
or more and is less than one million five hundred thousand 3259
dollars, a violation of this section is aggravated theft, a felony 3260
of the second degree. If the value of the property or services 3261
stolen is one million five hundred thousand dollars or more, a 3262
violation of this section is aggravated theft of one million five 3263
hundred thousand dollars or more, a felony of the first degree.3264

       (3) Except as otherwise provided in division (B)(4), (5), 3265
(6), (7), or (8) of this section, if the victim of the offense is 3266
an elderly person or disabled adult, a violation of this section 3267
is theft from an elderly person or disabled adult, and division 3268
(B)(3) of this section applies. Except as otherwise provided in 3269
this division, theft from an elderly person or disabled adult is a 3270
felony of the fifth degree. If the value of the property or 3271
services stolen is one thousand dollars or more and is less than 3272
seven thousand five hundred dollars, theft from an elderly person 3273
or disabled adult is a felony of the fourth degree. If the value 3274
of the property or services stolen is seven thousand five hundred 3275
dollars or more and is less than thirty-seven thousand five 3276
hundred dollars, theft from an elderly person or disabled adult is 3277
a felony of the third degree. If the value of the property or 3278
services stolen is thirty-seven thousand five hundred dollars or 3279
more and is less than one hundred fifty thousand dollars, theft 3280
from an elderly person or disabled adult is a felony of the second 3281
degree. If the value of the property or services stolen is one 3282
hundred fifty thousand dollars or more, theft from an elderly 3283
person or disabled adult is a felony of the first degree.3284

       (4) If the property stolen is a firearm or dangerous 3285
ordnance, a violation of this section is grand theft. Except as 3286
otherwise provided in this division, grand theft when the property 3287
stolen is a firearm or dangerous ordnance is a felony of the third 3288
degree, and there is a presumption in favor of the court imposing 3289
a prison term for the offense. If the firearm or dangerous 3290
ordnance was stolen from a federally licensed firearms dealer, 3291
grand theft when the property stolen is a firearm or dangerous 3292
ordnance is a felony of the first degree. The offender shall serve 3293
a prison term imposed for grand theft when the property stolen is 3294
a firearm or dangerous ordnance consecutively to any other prison 3295
term or mandatory prison term previously or subsequently imposed 3296
upon the offender.3297

       (5) If the property stolen is a motor vehicle, a violation of 3298
this section is grand theft of a motor vehicle, a felony of the 3299
fourth degree.3300

       (6) If the property stolen is any dangerous drug, a violation 3301
of this section is theft of drugs, a felony of the fourth degree, 3302
or, if the offender previously has been convicted of a felony drug 3303
abuse offense, a felony of the third degree.3304

       (7) If the property stolen is a police dog or horse or an 3305
assistance dog and the offender knows or should know that the 3306
property stolen is a police dog or horse or an assistance dog, a 3307
violation of this section is theft of a police dog or horse or an 3308
assistance dog, a felony of the third degree.3309

       (8) If the property stolen is anhydrous ammonia, a violation 3310
of this section is theft of anhydrous ammonia, a felony of the 3311
third degree.3312

       (9) In addition to the penalties described in division (B)(2) 3313
of this section, if the offender committed the violation by 3314
causing a motor vehicle to leave the premises of an establishment 3315
at which gasoline is offered for retail sale without the offender 3316
making full payment for gasoline that was dispensed into the fuel 3317
tank of the motor vehicle or into another container, the court may 3318
do one of the following:3319

        (a) Unless division (B)(9)(b) of this section applies, 3320
suspend for not more than six months the offender's driver's 3321
license, probationary driver's license, commercial driver's 3322
license, temporary instruction permit, or nonresident operating 3323
privilege;3324

        (b) If the offender's driver's license, probationary driver's 3325
license, commercial driver's license, temporary instruction 3326
permit, or nonresident operating privilege has previously been 3327
suspended pursuant to division (B)(9)(a) of this section, impose a 3328
class seven suspension of the offender's license, permit, or 3329
privilege from the range specified in division (A)(7) of section 3330
4510.02 of the Revised Code, provided that the suspension shall be 3331
for at least six months.3332

       (c) The court, in lieu of suspending the offender's driver's 3333
or commercial driver's license, probationary driver's license, 3334
temporary instruction permit, or nonresident operating privilege 3335
pursuant to division (B)(9)(a) or (b) of this section, instead may 3336
require the offender to perform community service for a number of 3337
hours determined by the court.3338

       (10) In addition to the penalties described in division 3339
(B)(2) of this section, if the offender committed the violation by 3340
stealing rented property or rental services, the court may order 3341
that the offender make restitution pursuant to section 2929.18 or 3342
2929.28 of the Revised Code. Restitution may include, but is not 3343
limited to, the cost of repairing or replacing the stolen 3344
property, or the cost of repairing the stolen property and any 3345
loss of revenue resulting from deprivation of the property due to 3346
theft of rental services that is less than or equal to the actual 3347
value of the property at the time it was rented. Evidence of 3348
intent to commit theft of rented property or rental services shall 3349
be determined pursuant to the provisions of section 2913.72 of the 3350
Revised Code.3351

       (C) The sentencing court that suspends an offender's license, 3352
permit, or nonresident operating privilege under division (B)(9) 3353
of this section may grant the offender limited driving privileges 3354
during the period of the suspension in accordance with Chapter 3355
4510. of the Revised Code.3356

       Sec. 2921.331.  (A) No person shall fail to comply with any 3357
lawful order or direction of any police officer invested with 3358
authority to direct, control, or regulate traffic.3359

       (B) No person shall operate a motor vehicle so as willfully 3360
to elude or flee a police officer after receiving a visible or 3361
audible signal from a police officer to bring the person's motor 3362
vehicle to a stop.3363

       (C)(1) Whoever violates this section is guilty of failure to 3364
comply with an order or signal of a police officer.3365

       (2) A violation of division (A) of this section is a 3366
misdemeanor of the first degree.3367

       (3) Except as provided in divisions (C)(4) and (5) of this 3368
section, a violation of division (B) of this section is a 3369
misdemeanor of the first degree.3370

       (4) Except as provided in division (C)(5) of this section, a 3371
violation of division (B) of this section is a felony of the 3372
fourth degree if the jury or judge as trier of fact finds by proof 3373
beyond a reasonable doubt that, in committing the offense, the 3374
offender was fleeing immediately after the commission of a felony.3375

       (5)(a) A violation of division (B) of this section is a 3376
felony of the third degree if the jury or judge as trier of fact 3377
finds any of the following by proof beyond a reasonable doubt:3378

       (i) The operation of the motor vehicle by the offender was a 3379
proximate cause of serious physical harm to persons or property.3380

       (ii) The operation of the motor vehicle by the offender 3381
caused a substantial risk of serious physical harm to persons or 3382
property.3383

       (b) If a police officer pursues an offender who is violating 3384
division (B) of this section and division (C)(5)(a) of this 3385
section applies, the sentencing court, in determining the 3386
seriousness of an offender's conduct for purposes of sentencing 3387
the offender for a violation of division (B) of this section, 3388
shall consider, along with the factors set forth in sections 3389
2929.12 and 2929.13 of the Revised Code that are required to be 3390
considered, all of the following:3391

       (i) The duration of the pursuit;3392

       (ii) The distance of the pursuit;3393

       (iii) The rate of speed at which the offender operated the 3394
motor vehicle during the pursuit;3395

       (iv) Whether the offender failed to stop for traffic lights 3396
or stop signs during the pursuit;3397

       (v) The number of traffic lights or stop signs for which the 3398
offender failed to stop during the pursuit;3399

       (vi) Whether the offender operated the motor vehicle during 3400
the pursuit without lighted lights during a time when lighted 3401
lights are required;3402

       (vii) Whether the offender committed a moving violation 3403
during the pursuit;3404

       (viii) The number of moving violations the offender committed 3405
during the pursuit;3406

       (ix) Any other relevant factors indicating that the 3407
offender's conduct is more serious than conduct normally 3408
constituting the offense.3409

       (D) If an offender is sentenced pursuant to division (C)(4) 3410
or (5) of this section for a violation of division (B) of this 3411
section, and if the offender is sentenced to a prison term for 3412
that violation, the offender shall serve the prison term 3413
consecutively to any other prison term or mandatory prison term 3414
imposed upon the offender.3415

       (E) In addition to any other sanction imposed for a felony3416
violation of division (B) of this section, the court shall impose 3417
a class two suspension from the range specified in division (A)(2) 3418
of section 4510.02 of the Revised Code. In addition to any other 3419
sanction imposed for a violation of division (A) of this section 3420
or a misdemeanor violation of division (B) of this section, the 3421
court shall impose a class five suspension from the range 3422
specified in division (A)(5) of section 4510.02 of the Revised 3423
Code. If the offender previously has been found guilty of an 3424
offense under this section, in addition to any other sanction 3425
imposed for the offense, the court shall impose a class one 3426
suspension as described in division (A)(1) of that section. The 3427
court shall not grant limited driving privileges to the offender 3428
on a suspension imposed for a felony violation of this section. 3429
The court may grant limited driving privileges to the offender on 3430
a suspension imposed for a misdemeanor violation of this section 3431
as set forth in section 4510.021 of the Revised Code. No judge 3432
shall suspend the first three years of suspension under a class 3433
two suspension of an offender's license, permit, or privilege 3434
required by this division on any portion of the suspension under a 3435
class one suspension of an offender's license, permit, or 3436
privilege required by this division.3437

       (F) As used in this section:3438

       (1) "Moving violation" has the same meaning as in section 3439
2743.70 of the Revised Code.3440

       (2) "Police officer" has the same meaning as in section 3441
4511.01 of the Revised Code.3442

       Sec. 2923.122.  (A) No person shall knowingly convey, or 3443
attempt to convey, a deadly weapon or dangerous ordnance into a 3444
school safety zone.3445

       (B) No person shall knowingly possess a deadly weapon or 3446
dangerous ordnance in a school safety zone.3447

       (C) No person shall knowingly possess an object in a school 3448
safety zone if both of the following apply:3449

       (1) The object is indistinguishable from a firearm, whether 3450
or not the object is capable of being fired.3451

       (2) The person indicates that the person possesses the object 3452
and that it is a firearm, or the person knowingly displays or 3453
brandishes the object and indicates that it is a firearm.3454

       (D)(1) This section does not apply to any of the following:3455

       (a) An officer, agent, or employee of this or any other state 3456
or the United States, or a law enforcement officer, who is 3457
authorized to carry deadly weapons or dangerous ordnance and is 3458
acting within the scope of the officer's, agent's, or employee's 3459
duties, a security officer employed by a board of education or 3460
governing body of a school during the time that the security 3461
officer is on duty pursuant to that contract of employment, or any 3462
other person who has written authorization from the board of 3463
education or governing body of a school to convey deadly weapons 3464
or dangerous ordnance into a school safety zone or to possess a 3465
deadly weapon or dangerous ordnance in a school safety zone and 3466
who conveys or possesses the deadly weapon or dangerous ordnance 3467
in accordance with that authorization;3468

       (b) Any person who is employed in this state, who is 3469
authorized to carry deadly weapons or dangerous ordnance, and who 3470
is subject to and in compliance with the requirements of section 3471
109.801 of the Revised Code, unless the appointing authority of 3472
the person has expressly specified that the exemption provided in 3473
division (D)(1)(b) of this section does not apply to the person. 3474

       (2) Division (C) of this section does not apply to premises 3475
upon which home schooling is conducted. Division (C) of this 3476
section also does not apply to a school administrator, teacher, or 3477
employee who possesses an object that is indistinguishable from a 3478
firearm for legitimate school purposes during the course of 3479
employment, a student who uses an object that is indistinguishable 3480
from a firearm under the direction of a school administrator, 3481
teacher, or employee, or any other person who with the express 3482
prior approval of a school administrator possesses an object that 3483
is indistinguishable from a firearm for a legitimate purpose, 3484
including the use of the object in a ceremonial activity, a play, 3485
reenactment, or other dramatic presentation, or a ROTC activity or 3486
another similar use of the object.3487

       (3) This section does not apply to a person who conveys or 3488
attempts to convey a handgun into, or possesses a handgun in, a 3489
school safety zone if, at the time of that conveyance, attempted 3490
conveyance, or possession of the handgun, all of the following 3491
apply:3492

        (a) The person does not enter into a school building or onto 3493
school premises and is not at a school activity.3494

       (b) The person is carrying a valid license or temporary 3495
emergency license to carry a concealed handgun issued to the 3496
person under section 2923.125 or 2923.1213 of the Revised Code or 3497
a license to carry a concealed handgun that was issued by another 3498
state with which the attorney general has entered into a 3499
reciprocity agreement under section 109.69 of the Revised Code.3500

       (c) The person is in the school safety zone in accordance 3501
with 18 U.S.C. 922(q)(2)(B).3502

       (d) The person is not knowingly in a place described in 3503
division (B)(1) or (B)(3) to (10) of section 2923.126 of the 3504
Revised Code.3505

       (4) This section does not apply to a person who conveys or 3506
attempts to convey a handgun into, or possesses a handgun in, a 3507
school safety zone if at the time of that conveyance, attempted 3508
conveyance, or possession of the handgun all of the following 3509
apply:3510

       (a) The person is carrying a valid license or temporary 3511
emergency license to carry a concealed handgun issued to the 3512
person under section 2923.125 or 2923.1213 of the Revised Code or 3513
a license to carry a concealed handgun that was issued by another 3514
state with which the attorney general has entered into a 3515
reciprocity agreement under section 109.69 of the Revised Code.3516

       (b) The person is the driver or passenger in a motor vehicle 3517
and is in the school safety zone while immediately in the process 3518
of picking up or dropping off a child.3519

       (c) The person is not in violation of section 2923.16 of the 3520
Revised Code.3521

       (E)(1) Whoever violates division (A) or (B) of this section 3522
is guilty of illegal conveyance or possession of a deadly weapon 3523
or dangerous ordnance in a school safety zone. Except as otherwise 3524
provided in this division, illegal conveyance or possession of a 3525
deadly weapon or dangerous ordnance in a school safety zone is a 3526
felony of the fifth degree. If the offender previously has been 3527
convicted of a violation of this section, illegal conveyance or 3528
possession of a deadly weapon or dangerous ordnance in a school 3529
safety zone is a felony of the fourth degree.3530

       (2) Whoever violates division (C) of this section is guilty 3531
of illegal possession of an object indistinguishable from a 3532
firearm in a school safety zone. Except as otherwise provided in 3533
this division, illegal possession of an object indistinguishable 3534
from a firearm in a school safety zone is a misdemeanor of the 3535
first degree. If the offender previously has been convicted of a 3536
violation of this section, illegal possession of an object 3537
indistinguishable from a firearm in a school safety zone is a 3538
felony of the fifth degree.3539

       (F)(1) In addition to any other penalty imposed upon a person 3540
who is convicted of or pleads guilty to a violation of this 3541
section and subject to division (F)(2) of this section, if the 3542
offender has not attained nineteen years of age, regardless of 3543
whether the offender is attending or is enrolled in a school 3544
operated by a board of education or for which the state board of 3545
education prescribes minimum standards under section 3301.07 of 3546
the Revised Code, the court shall impose upon the offender a class 3547
four suspension of the offender's probationary driver's license, 3548
restricted license, driver's license, commercial driver's license, 3549
temporary instruction permit, or probationary commercial driver's 3550
license that then is in effect from the range specified in 3551
division (A)(4) of section 4510.02 of the Revised Code and shall 3552
deny the offender the issuance of any permit or license of that 3553
type during the period of the suspension.3554

       If the offender is not a resident of this state, the court 3555
shall impose a class four suspension of the nonresident operating 3556
privilege of the offender from the range specified in division 3557
(A)(4) of section 4510.02 of the Revised Code.3558

       (2) If the offender shows good cause why the court should not 3559
suspend one of the types of licenses, permits, or privileges 3560
specified in division (F)(1) of this section or deny the issuance 3561
of one of the temporary instruction permits specified in that 3562
division, the court in its discretion may choose not to impose the 3563
suspension, revocation, or denial required in that division, but 3564
the court, in its discretion, instead may require the offender to 3565
perform community service for a number of hours determined by the 3566
court.3567

       (G) As used in this section, "object that is 3568
indistinguishable from a firearm" means an object made, 3569
constructed, or altered so that, to a reasonable person without 3570
specialized training in firearms, the object appears to be a 3571
firearm.3572

       Sec. 2925.03.  (A) No person shall knowingly do any of the 3573
following:3574

       (1) Sell or offer to sell a controlled substance;3575

       (2) Prepare for shipment, ship, transport, deliver, prepare 3576
for distribution, or distribute a controlled substance, when the 3577
offender knows or has reasonable cause to believe that the 3578
controlled substance is intended for sale or resale by the 3579
offender or another person.3580

       (B) This section does not apply to any of the following:3581

       (1) Manufacturers, licensed health professionals authorized 3582
to prescribe drugs, pharmacists, owners of pharmacies, and other 3583
persons whose conduct is in accordance with Chapters 3719., 4715., 3584
4723., 4729., 4730., 4731., and 4741. of the Revised Code;3585

       (2) If the offense involves an anabolic steroid, any person 3586
who is conducting or participating in a research project involving 3587
the use of an anabolic steroid if the project has been approved by 3588
the United States food and drug administration;3589

       (3) Any person who sells, offers for sale, prescribes, 3590
dispenses, or administers for livestock or other nonhuman species 3591
an anabolic steroid that is expressly intended for administration 3592
through implants to livestock or other nonhuman species and 3593
approved for that purpose under the "Federal Food, Drug, and 3594
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 3595
and is sold, offered for sale, prescribed, dispensed, or 3596
administered for that purpose in accordance with that act.3597

       (C) Whoever violates division (A) of this section is guilty 3598
of one of the following:3599

       (1) If the drug involved in the violation is any compound, 3600
mixture, preparation, or substance included in schedule I or 3601
schedule II, with the exception of marihuana, 3602
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, 3603
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole, 3604
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, 3605
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, 3606
cocaine, L.S.D., heroin, and hashish, whoever violates division 3607
(A) of this section is guilty of aggravated trafficking in drugs. 3608
The penalty for the offense shall be determined as follows:3609

       (a) Except as otherwise provided in division (C)(1)(b), (c), 3610
(d), (e), or (f) of this section, aggravated trafficking in drugs 3611
is a felony of the fourth degree, and division (C) of section 3612
2929.13 of the Revised Code applies in determining whether to 3613
impose a prison term on the offender.3614

       (b) Except as otherwise provided in division (C)(1)(c), (d), 3615
(e), or (f) of this section, if the offense was committed in the 3616
vicinity of a school or in the vicinity of a juvenile, aggravated 3617
trafficking in drugs is a felony of the third degree, and division 3618
(C) of section 2929.13 of the Revised Code applies in determining 3619
whether to impose a prison term on the offender.3620

       (c) Except as otherwise provided in this division, if the 3621
amount of the drug involved equals or exceeds the bulk amount but 3622
is less than five times the bulk amount, aggravated trafficking in 3623
drugs is a felony of the third degree, and, except as otherwise 3624
provided in this division, there is a presumption for a prison 3625
term for the offense. If aggravated trafficking in drugs is a 3626
felony of the third degree under this division and if the offender 3627
two or more times previously has been convicted of or pleaded 3628
guilty to a felony drug abuse offense, the court shall impose as a 3629
mandatory prison term one of the prison terms prescribed for a 3630
felony of the third degree. If the amount of the drug involved is 3631
within that range and if the offense was committed in the vicinity 3632
of a school or in the vicinity of a juvenile, aggravated 3633
trafficking in drugs is a felony of the second degree, and the 3634
court shall impose as a mandatory prison term one of the prison 3635
terms prescribed for a felony of the second degree.3636

       (d) Except as otherwise provided in this division, if the 3637
amount of the drug involved equals or exceeds five times the bulk 3638
amount but is less than fifty times the bulk amount, aggravated 3639
trafficking in drugs is a felony of the second degree, and the 3640
court shall impose as a mandatory prison term one of the prison 3641
terms prescribed for a felony of the second degree. If the amount 3642
of the drug involved is within that range and if the offense was 3643
committed in the vicinity of a school or in the vicinity of a 3644
juvenile, aggravated trafficking in drugs is a felony of the first 3645
degree, and the court shall impose as a mandatory prison term one 3646
of the prison terms prescribed for a felony of the first degree.3647

       (e) If the amount of the drug involved equals or exceeds 3648
fifty times the bulk amount but is less than one hundred times the 3649
bulk amount and regardless of whether the offense was committed in 3650
the vicinity of a school or in the vicinity of a juvenile, 3651
aggravated trafficking in drugs is a felony of the first degree, 3652
and the court shall impose as a mandatory prison term one of the 3653
prison terms prescribed for a felony of the first degree.3654

       (f) If the amount of the drug involved equals or exceeds one 3655
hundred times the bulk amount and regardless of whether the 3656
offense was committed in the vicinity of a school or in the 3657
vicinity of a juvenile, aggravated trafficking in drugs is a 3658
felony of the first degree, the offender is a major drug offender, 3659
and the court shall impose as a mandatory prison term the maximum 3660
prison term prescribed for a felony of the first degree.3661

       (2) If the drug involved in the violation is any compound, 3662
mixture, preparation, or substance included in schedule III, IV, 3663
or V, whoever violates division (A) of this section is guilty of 3664
trafficking in drugs. The penalty for the offense shall be 3665
determined as follows:3666

       (a) Except as otherwise provided in division (C)(2)(b), (c), 3667
(d), or (e) of this section, trafficking in drugs is a felony of 3668
the fifth degree, and division (C)(B) of section 2929.13 of the 3669
Revised Code applies in determining whether to impose a prison 3670
term on the offender.3671

       (b) Except as otherwise provided in division (C)(2)(c), (d), 3672
or (e) of this section, if the offense was committed in the 3673
vicinity of a school or in the vicinity of a juvenile, trafficking 3674
in drugs is a felony of the fourth degree, and division (C) of 3675
section 2929.13 of the Revised Code applies in determining whether 3676
to impose a prison term on the offender.3677

       (c) Except as otherwise provided in this division, if the 3678
amount of the drug involved equals or exceeds the bulk amount but 3679
is less than five times the bulk amount, trafficking in drugs is a 3680
felony of the fourth degree, and division (B) of section 2929.13 3681
of the Revised Code applies in determining whether to impose a 3682
prison term for the offense. If the amount of the drug involved is 3683
within that range and if the offense was committed in the vicinity 3684
of a school or in the vicinity of a juvenile, trafficking in drugs 3685
is a felony of the third degree, and there is a presumption for a 3686
prison term for the offense.3687

       (d) Except as otherwise provided in this division, if the 3688
amount of the drug involved equals or exceeds five times the bulk 3689
amount but is less than fifty times the bulk amount, trafficking 3690
in drugs is a felony of the third degree, and there is a 3691
presumption for a prison term for the offense. If the amount of 3692
the drug involved is within that range and if the offense was 3693
committed in the vicinity of a school or in the vicinity of a 3694
juvenile, trafficking in drugs is a felony of the second degree, 3695
and there is a presumption for a prison term for the offense.3696

       (e) Except as otherwise provided in this division, if the 3697
amount of the drug involved equals or exceeds fifty times the bulk 3698
amount, trafficking in drugs is a felony of the second degree, and 3699
the court shall impose as a mandatory prison term one of the 3700
prison terms prescribed for a felony of the second degree. If the 3701
amount of the drug involved equals or exceeds fifty times the bulk 3702
amount and if the offense was committed in the vicinity of a 3703
school or in the vicinity of a juvenile, trafficking in drugs is a 3704
felony of the first degree, and the court shall impose as a 3705
mandatory prison term one of the prison terms prescribed for a 3706
felony of the first degree.3707

       (3) If the drug involved in the violation is marihuana or a 3708
compound, mixture, preparation, or substance containing marihuana 3709
other than hashish, whoever violates division (A) of this section 3710
is guilty of trafficking in marihuana. The penalty for the offense 3711
shall be determined as follows:3712

       (a) Except as otherwise provided in division (C)(3)(b), (c), 3713
(d), (e), (f), (g), or (h) of this section, trafficking in 3714
marihuana is a felony of the fifth degree, and division (B) of 3715
section 2929.13 of the Revised Code applies in determining whether 3716
to impose a prison term on the offender.3717

       (b) Except as otherwise provided in division (C)(3)(c), (d), 3718
(e), (f), (g), or (h) of this section, if the offense was 3719
committed in the vicinity of a school or in the vicinity of a 3720
juvenile, trafficking in marihuana is a felony of the fourth 3721
degree, and division (B) of section 2929.13 of the Revised Code 3722
applies in determining whether to impose a prison term on the 3723
offender.3724

       (c) Except as otherwise provided in this division, if the 3725
amount of the drug involved equals or exceeds two hundred grams 3726
but is less than one thousand grams, trafficking in marihuana is a 3727
felony of the fourth degree, and division (B) of section 2929.13 3728
of the Revised Code applies in determining whether to impose a 3729
prison term on the offender. If the amount of the drug involved is 3730
within that range and if the offense was committed in the vicinity 3731
of a school or in the vicinity of a juvenile, trafficking in 3732
marihuana is a felony of the third degree, and division (C) of 3733
section 2929.13 of the Revised Code applies in determining whether 3734
to impose a prison term on the offender.3735

       (d) Except as otherwise provided in this division, if the 3736
amount of the drug involved equals or exceeds one thousand grams 3737
but is less than five thousand grams, trafficking in marihuana is 3738
a felony of the third degree, and division (C) of section 2929.13 3739
of the Revised Code applies in determining whether to impose a 3740
prison term on the offender. If the amount of the drug involved is 3741
within that range and if the offense was committed in the vicinity 3742
of a school or in the vicinity of a juvenile, trafficking in 3743
marihuana is a felony of the second degree, and there is a 3744
presumption that a prison term shall be imposed for the offense.3745

       (e) Except as otherwise provided in this division, if the 3746
amount of the drug involved equals or exceeds five thousand grams 3747
but is less than twenty thousand grams, trafficking in marihuana 3748
is a felony of the third degree, and there is a presumption that a 3749
prison term shall be imposed for the offense. If the amount of the 3750
drug involved is within that range and if the offense was 3751
committed in the vicinity of a school or in the vicinity of a 3752
juvenile, trafficking in marihuana is a felony of the second 3753
degree, and there is a presumption that a prison term shall be 3754
imposed for the offense.3755

       (f) Except as otherwise provided in this division, if the 3756
amount of the drug involved equals or exceeds twenty thousand 3757
grams but is less than forty thousand grams, trafficking in 3758
marihuana is a felony of the second degree, and the court shall 3759
impose a mandatory prison term of five, six, seven, or eight 3760
years. If the amount of the drug involved is within that range and 3761
if the offense was committed in the vicinity of a school or in the 3762
vicinity of a juvenile, trafficking in marihuana is a felony of 3763
the first degree, and the court shall impose as a mandatory prison 3764
term the maximum prison term prescribed for a felony of the first 3765
degree.3766

       (g) Except as otherwise provided in this division, if the 3767
amount of the drug involved equals or exceeds forty thousand 3768
grams, trafficking in marihuana is a felony of the second degree, 3769
and the court shall impose as a mandatory prison term the maximum 3770
prison term prescribed for a felony of the second degree. If the 3771
amount of the drug involved equals or exceeds forty thousand grams 3772
and if the offense was committed in the vicinity of a school or in 3773
the vicinity of a juvenile, trafficking in marihuana is a felony 3774
of the first degree, and the court shall impose as a mandatory 3775
prison term the maximum prison term prescribed for a felony of the 3776
first degree.3777

       (h) Except as otherwise provided in this division, if the 3778
offense involves a gift of twenty grams or less of marihuana, 3779
trafficking in marihuana is a minor misdemeanor upon a first 3780
offense and a misdemeanor of the third degree upon a subsequent 3781
offense. If the offense involves a gift of twenty grams or less of 3782
marihuana and if the offense was committed in the vicinity of a 3783
school or in the vicinity of a juvenile, trafficking in marihuana 3784
is a misdemeanor of the third degree.3785

       (4) If the drug involved in the violation is cocaine or a 3786
compound, mixture, preparation, or substance containing cocaine, 3787
whoever violates division (A) of this section is guilty of 3788
trafficking in cocaine. The penalty for the offense shall be 3789
determined as follows:3790

       (a) Except as otherwise provided in division (C)(4)(b), (c), 3791
(d), (e), (f), or (g) of this section, trafficking in cocaine is a 3792
felony of the fifth degree, and division (C)(B) of section 2929.13 3793
of the Revised Code applies in determining whether to impose a 3794
prison term on the offender.3795

       (b) Except as otherwise provided in division (C)(4)(c), (d), 3796
(e), (f), or (g) of this section, if the offense was committed in 3797
the vicinity of a school or in the vicinity of a juvenile, 3798
trafficking in cocaine is a felony of the fourth degree, and 3799
division (C) of section 2929.13 of the Revised Code applies in 3800
determining whether to impose a prison term on the offender.3801

       (c) Except as otherwise provided in this division, if the 3802
amount of the drug involved equals or exceeds five grams but is 3803
less than ten grams of cocaine, trafficking in cocaine is a felony 3804
of the fourth degree, and division (B) of section 2929.13 of the 3805
Revised Code applies in determining whether to impose a prison 3806
term for the offense. If the amount of the drug involved is within 3807
that range and if the offense was committed in the vicinity of a 3808
school or in the vicinity of a juvenile, trafficking in cocaine is 3809
a felony of the third degree, and there is a presumption for a 3810
prison term for the offense.3811

       (d) Except as otherwise provided in this division, if the 3812
amount of the drug involved equals or exceeds ten grams but is 3813
less than twenty grams of cocaine, trafficking in cocaine is a 3814
felony of the third degree, and, except as otherwise provided in 3815
this division, there is a presumption for a prison term for the 3816
offense. If trafficking in cocaine is a felony of the third degree 3817
under this division and if the offender two or more times 3818
previously has been convicted of or pleaded guilty to a felony 3819
drug abuse offense, the court shall impose as a mandatory prison 3820
term one of the prison terms prescribed for a felony of the third 3821
degree. If the amount of the drug involved is within that range 3822
and if the offense was committed in the vicinity of a school or in 3823
the vicinity of a juvenile, trafficking in cocaine is a felony of 3824
the second degree, and the court shall impose as a mandatory 3825
prison term one of the prison terms prescribed for a felony of the 3826
second degree.3827

       (e) Except as otherwise provided in this division, if the 3828
amount of the drug involved equals or exceeds twenty grams but is 3829
less than twenty-seven grams of cocaine, trafficking in cocaine is 3830
a felony of the second degree, and the court shall impose as a 3831
mandatory prison term one of the prison terms prescribed for a 3832
felony of the second degree. If the amount of the drug involved is 3833
within that range and if the offense was committed in the vicinity 3834
of a school or in the vicinity of a juvenile, trafficking in 3835
cocaine is a felony of the first degree, and the court shall 3836
impose as a mandatory prison term one of the prison terms 3837
prescribed for a felony of the first degree.3838

       (f) If the amount of the drug involved equals or exceeds 3839
twenty-seven grams but is less than one hundred grams of cocaine 3840
and regardless of whether the offense was committed in the 3841
vicinity of a school or in the vicinity of a juvenile, trafficking 3842
in cocaine is a felony of the first degree, and the court shall 3843
impose as a mandatory prison term one of the prison terms 3844
prescribed for a felony of the first degree.3845

       (g) If the amount of the drug involved equals or exceeds one 3846
hundred grams of cocaine and regardless of whether the offense was 3847
committed in the vicinity of a school or in the vicinity of a 3848
juvenile, trafficking in cocaine is a felony of the first degree, 3849
the offender is a major drug offender, and the court shall impose 3850
as a mandatory prison term the maximum prison term prescribed for 3851
a felony of the first degree.3852

       (5) If the drug involved in the violation is L.S.D. or a 3853
compound, mixture, preparation, or substance containing L.S.D., 3854
whoever violates division (A) of this section is guilty of 3855
trafficking in L.S.D. The penalty for the offense shall be 3856
determined as follows:3857

       (a) Except as otherwise provided in division (C)(5)(b), (c), 3858
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a 3859
felony of the fifth degree, and division (C)(B) of section 2929.13 3860
of the Revised Code applies in determining whether to impose a 3861
prison term on the offender.3862

       (b) Except as otherwise provided in division (C)(5)(c), (d), 3863
(e), (f), or (g) of this section, if the offense was committed in 3864
the vicinity of a school or in the vicinity of a juvenile, 3865
trafficking in L.S.D. is a felony of the fourth degree, and 3866
division (C) of section 2929.13 of the Revised Code applies in 3867
determining whether to impose a prison term on the offender.3868

       (c) Except as otherwise provided in this division, if the 3869
amount of the drug involved equals or exceeds ten unit doses but 3870
is less than fifty unit doses of L.S.D. in a solid form or equals 3871
or exceeds one gram but is less than five grams of L.S.D. in a 3872
liquid concentrate, liquid extract, or liquid distillate form, 3873
trafficking in L.S.D. is a felony of the fourth degree, and 3874
division (B) of section 2929.13 of the Revised Code applies in 3875
determining whether to impose a prison term for the offense. If 3876
the amount of the drug involved is within that range and if the 3877
offense was committed in the vicinity of a school or in the 3878
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 3879
third degree, and there is a presumption for a prison term for the 3880
offense.3881

       (d) Except as otherwise provided in this division, if the 3882
amount of the drug involved equals or exceeds fifty unit doses but 3883
is less than two hundred fifty unit doses of L.S.D. in a solid 3884
form or equals or exceeds five grams but is less than twenty-five 3885
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid 3886
distillate form, trafficking in L.S.D. is a felony of the third 3887
degree, and, except as otherwise provided in this division, there 3888
is a presumption for a prison term for the offense. If trafficking 3889
in L.S.D. is a felony of the third degree under this division and 3890
if the offender two or more times previously has been convicted of 3891
or pleaded guilty to a felony drug abuse offense, the court shall 3892
impose as a mandatory prison term one of the prison terms 3893
prescribed for a felony of the third degree. If the amount of the 3894
drug involved is within that range and if the offense was 3895
committed in the vicinity of a school or in the vicinity of a 3896
juvenile, trafficking in L.S.D. is a felony of the second degree, 3897
and the court shall impose as a mandatory prison term one of the 3898
prison terms prescribed for a felony of the second degree.3899

       (e) Except as otherwise provided in this division, if the 3900
amount of the drug involved equals or exceeds two hundred fifty 3901
unit doses but is less than one thousand unit doses of L.S.D. in a 3902
solid form or equals or exceeds twenty-five grams but is less than 3903
one hundred grams of L.S.D. in a liquid concentrate, liquid 3904
extract, or liquid distillate form, trafficking in L.S.D. is a 3905
felony of the second degree, and the court shall impose as a 3906
mandatory prison term one of the prison terms prescribed for a 3907
felony of the second degree. If the amount of the drug involved is 3908
within that range and if the offense was committed in the vicinity 3909
of a school or in the vicinity of a juvenile, trafficking in 3910
L.S.D. is a felony of the first degree, and the court shall impose 3911
as a mandatory prison term one of the prison terms prescribed for 3912
a felony of the first degree.3913

       (f) If the amount of the drug involved equals or exceeds one 3914
thousand unit doses but is less than five thousand unit doses of 3915
L.S.D. in a solid form or equals or exceeds one hundred grams but 3916
is less than five hundred grams of L.S.D. in a liquid concentrate, 3917
liquid extract, or liquid distillate form and regardless of 3918
whether the offense was committed in the vicinity of a school or 3919
in the vicinity of a juvenile, trafficking in L.S.D. is a felony 3920
of the first degree, and the court shall impose as a mandatory 3921
prison term one of the prison terms prescribed for a felony of the 3922
first degree.3923

       (g) If the amount of the drug involved equals or exceeds five 3924
thousand unit doses of L.S.D. in a solid form or equals or exceeds 3925
five hundred grams of L.S.D. in a liquid concentrate, liquid 3926
extract, or liquid distillate form and regardless of whether the 3927
offense was committed in the vicinity of a school or in the 3928
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 3929
first degree, the offender is a major drug offender, and the court 3930
shall impose as a mandatory prison term the maximum prison term 3931
prescribed for a felony of the first degree.3932

       (6) If the drug involved in the violation is heroin or a 3933
compound, mixture, preparation, or substance containing heroin, 3934
whoever violates division (A) of this section is guilty of 3935
trafficking in heroin. The penalty for the offense shall be 3936
determined as follows:3937

       (a) Except as otherwise provided in division (C)(6)(b), (c), 3938
(d), (e), (f), or (g) of this section, trafficking in heroin is a 3939
felony of the fifth degree, and division (C)(B) of section 2929.13 3940
of the Revised Code applies in determining whether to impose a 3941
prison term on the offender.3942

       (b) Except as otherwise provided in division (C)(6)(c), (d), 3943
(e), (f), or (g) of this section, if the offense was committed in 3944
the vicinity of a school or in the vicinity of a juvenile, 3945
trafficking in heroin is a felony of the fourth degree, and 3946
division (C) of section 2929.13 of the Revised Code applies in 3947
determining whether to impose a prison term on the offender.3948

       (c) Except as otherwise provided in this division, if the 3949
amount of the drug involved equals or exceeds ten unit doses but 3950
is less than fifty unit doses or equals or exceeds one gram but is 3951
less than five grams, trafficking in heroin is a felony of the 3952
fourth degree, and division (B) of section 2929.13 of the Revised 3953
Code applies in determining whether to impose a prison term for 3954
the offense. If the amount of the drug involved is within that 3955
range and if the offense was committed in the vicinity of a school 3956
or in the vicinity of a juvenile, trafficking in heroin is a 3957
felony of the third degree, and there is a presumption for a 3958
prison term for the offense.3959

       (d) Except as otherwise provided in this division, if the 3960
amount of the drug involved equals or exceeds fifty unit doses but 3961
is less than one hundred unit doses or equals or exceeds five 3962
grams but is less than ten grams, trafficking in heroin is a 3963
felony of the third degree, and there is a presumption for a 3964
prison term for the offense. If the amount of the drug involved is 3965
within that range and if the offense was committed in the vicinity 3966
of a school or in the vicinity of a juvenile, trafficking in 3967
heroin is a felony of the second degree, and there is a 3968
presumption for a prison term for the offense.3969

       (e) Except as otherwise provided in this division, if the 3970
amount of the drug involved equals or exceeds one hundred unit 3971
doses but is less than five hundred unit doses or equals or 3972
exceeds ten grams but is less than fifty grams, trafficking in 3973
heroin is a felony of the second degree, and the court shall 3974
impose as a mandatory prison term one of the prison terms 3975
prescribed for a felony of the second degree. If the amount of the 3976
drug involved is within that range and if the offense was 3977
committed in the vicinity of a school or in the vicinity of a 3978
juvenile, trafficking in heroin is a felony of the first degree, 3979
and the court shall impose as a mandatory prison term one of the 3980
prison terms prescribed for a felony of the first degree.3981

       (f) If the amount of the drug involved equals or exceeds five 3982
hundred unit doses but is less than two thousand five hundred unit 3983
doses or equals or exceeds fifty grams but is less than two 3984
hundred fifty grams and regardless of whether the offense was 3985
committed in the vicinity of a school or in the vicinity of a 3986
juvenile, trafficking in heroin is a felony of the first degree, 3987
and the court shall impose as a mandatory prison term one of the 3988
prison terms prescribed for a felony of the first degree.3989

       (g) If the amount of the drug involved equals or exceeds two 3990
thousand five hundred unit doses or equals or exceeds two hundred 3991
fifty grams and regardless of whether the offense was committed in 3992
the vicinity of a school or in the vicinity of a juvenile, 3993
trafficking in heroin is a felony of the first degree, the 3994
offender is a major drug offender, and the court shall impose as a 3995
mandatory prison term the maximum prison term prescribed for a 3996
felony of the first degree.3997

       (7) If the drug involved in the violation is hashish or a 3998
compound, mixture, preparation, or substance containing hashish, 3999
whoever violates division (A) of this section is guilty of 4000
trafficking in hashish. The penalty for the offense shall be 4001
determined as follows:4002

       (a) Except as otherwise provided in division (C)(7)(b), (c), 4003
(d), (e), (f), or (g) of this section, trafficking in hashish is a 4004
felony of the fifth degree, and division (B) of section 2929.13 of 4005
the Revised Code applies in determining whether to impose a prison 4006
term on the offender.4007

       (b) Except as otherwise provided in division (C)(7)(c), (d), 4008
(e), (f), or (g) of this section, if the offense was committed in 4009
the vicinity of a school or in the vicinity of a juvenile, 4010
trafficking in hashish is a felony of the fourth degree, and 4011
division (B) of section 2929.13 of the Revised Code applies in 4012
determining whether to impose a prison term on the offender.4013

       (c) Except as otherwise provided in this division, if the 4014
amount of the drug involved equals or exceeds ten grams but is 4015
less than fifty grams of hashish in a solid form or equals or 4016
exceeds two grams but is less than ten grams of hashish in a 4017
liquid concentrate, liquid extract, or liquid distillate form, 4018
trafficking in hashish is a felony of the fourth degree, and 4019
division (B) of section 2929.13 of the Revised Code applies in 4020
determining whether to impose a prison term on the offender. If 4021
the amount of the drug involved is within that range and if the 4022
offense was committed in the vicinity of a school or in the 4023
vicinity of a juvenile, trafficking in hashish is a felony of the 4024
third degree, and division (C) of section 2929.13 of the Revised 4025
Code applies in determining whether to impose a prison term on the 4026
offender.4027

       (d) Except as otherwise provided in this division, if the 4028
amount of the drug involved equals or exceeds fifty grams but is 4029
less than two hundred fifty grams of hashish in a solid form or 4030
equals or exceeds ten grams but is less than fifty grams of 4031
hashish in a liquid concentrate, liquid extract, or liquid 4032
distillate form, trafficking in hashish is a felony of the third 4033
degree, and division (C) of section 2929.13 of the Revised Code 4034
applies in determining whether to impose a prison term on the 4035
offender. If the amount of the drug involved is within that range 4036
and if the offense was committed in the vicinity of a school or in 4037
the vicinity of a juvenile, trafficking in hashish is a felony of 4038
the second degree, and there is a presumption that a prison term 4039
shall be imposed for the offense.4040

       (e) Except as otherwise provided in this division, if the 4041
amount of the drug involved equals or exceeds two hundred fifty 4042
grams but is less than one thousand grams of hashish in a solid 4043
form or equals or exceeds fifty grams but is less than two hundred 4044
grams of hashish in a liquid concentrate, liquid extract, or 4045
liquid distillate form, trafficking in hashish is a felony of the 4046
third degree, and there is a presumption that a prison term shall 4047
be imposed for the offense. If the amount of the drug involved is 4048
within that range and if the offense was committed in the vicinity 4049
of a school or in the vicinity of a juvenile, trafficking in 4050
hashish is a felony of the second degree, and there is a 4051
presumption that a prison term shall be imposed for the offense.4052

       (f) Except as otherwise provided in this division, if the 4053
amount of the drug involved equals or exceeds one thousand grams 4054
but is less than two thousand grams of hashish in a solid form or 4055
equals or exceeds two hundred grams but is less than four hundred 4056
grams of hashish in a liquid concentrate, liquid extract, or 4057
liquid distillate form, trafficking in hashish is a felony of the 4058
second degree, and the court shall impose a mandatory prison term 4059
of five, six, seven, or eight years. If the amount of the drug 4060
involved is within that range and if the offense was committed in 4061
the vicinity of a school or in the vicinity of a juvenile, 4062
trafficking in hashish is a felony of the first degree, and the 4063
court shall impose as a mandatory prison term the maximum prison 4064
term prescribed for a felony of the first degree.4065

       (g) Except as otherwise provided in this division, if the 4066
amount of the drug involved equals or exceeds two thousand grams 4067
of hashish in a solid form or equals or exceeds four hundred grams 4068
of hashish in a liquid concentrate, liquid extract, or liquid 4069
distillate form, trafficking in hashish is a felony of the second 4070
degree, and the court shall impose as a mandatory prison term the 4071
maximum prison term prescribed for a felony of the second degree. 4072
If the amount of the drug involved equals or exceeds two thousand 4073
grams of hashish in a solid form or equals or exceeds four hundred 4074
grams of hashish in a liquid concentrate, liquid extract, or 4075
liquid distillate form and if the offense was committed in the 4076
vicinity of a school or in the vicinity of a juvenile, trafficking 4077
in hashish is a felony of the first degree, and the court shall 4078
impose as a mandatory prison term the maximum prison term 4079
prescribed for a felony of the first degree.4080

       (8) If the drug involved in the violation is 4081
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, 4082
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole, 4083
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or 4084
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol or a 4085
compound, mixture, preparation, or substance containing 4086
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, 4087
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole, 4088
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or 4089
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, 4090
whoever violates division (A) of this section is guilty of 4091
trafficking in spice. The penalty for the offense shall be 4092
determined as follows:4093

       (a) Except as otherwise provided in division (C)(8)(b) of 4094
this section, trafficking in spice is a felony of the fifth 4095
degree, and division (C) of section 2929.13 of the Revised Code 4096
applies in determining whether to impose a prison term on the 4097
offender.4098

       (b) If the offense was committed in the vicinity of a school 4099
or in the vicinity of a juvenile, trafficking in spice is a felony 4100
of the fourth degree, and division (C) of section 2929.13 of the 4101
Revised Code applies in determining whether to impose a prison 4102
term on the offender.4103

       (D) In addition to any prison term authorized or required by 4104
division (C) of this section and sections 2929.13 and 2929.14 of 4105
the Revised Code, and in addition to any other sanction imposed 4106
for the offense under this section or sections 2929.11 to 2929.18 4107
of the Revised Code, the court that sentences an offender who is 4108
convicted of or pleads guilty to a violation of division (A) of 4109
this section shall do all of the following that are applicable 4110
regarding the offender:4111

       (1) If the violation of division (A) of this section is a 4112
felony of the first, second, or third degree, the court shall 4113
impose upon the offender the mandatory fine specified for the 4114
offense under division (B)(1) of section 2929.18 of the Revised 4115
Code unless, as specified in that division, the court determines 4116
that the offender is indigent. Except as otherwise provided in 4117
division (H)(1) of this section, a mandatory fine or any other 4118
fine imposed for a violation of this section is subject to 4119
division (F) of this section. If a person is charged with a 4120
violation of this section that is a felony of the first, second, 4121
or third degree, posts bail, and forfeits the bail, the clerk of 4122
the court shall pay the forfeited bail pursuant to divisions 4123
(D)(1) and (F) of this section, as if the forfeited bail was a 4124
fine imposed for a violation of this section. If any amount of the 4125
forfeited bail remains after that payment and if a fine is imposed 4126
under division (H)(1) of this section, the clerk of the court 4127
shall pay the remaining amount of the forfeited bail pursuant to 4128
divisions (H)(2) and (3) of this section, as if that remaining 4129
amount was a fine imposed under division (H)(1) of this section.4130

       (2) The court shall suspend the driver's or commercial 4131
driver's license or permit of the offender in accordance with 4132
division (G) of this section.4133

       (3) If the offender is a professionally licensed person, the 4134
court immediately shall comply with section 2925.38 of the Revised 4135
Code.4136

       (E) When a person is charged with the sale of or offer to 4137
sell a bulk amount or a multiple of a bulk amount of a controlled 4138
substance, the jury, or the court trying the accused, shall 4139
determine the amount of the controlled substance involved at the 4140
time of the offense and, if a guilty verdict is returned, shall 4141
return the findings as part of the verdict. In any such case, it 4142
is unnecessary to find and return the exact amount of the 4143
controlled substance involved, and it is sufficient if the finding 4144
and return is to the effect that the amount of the controlled 4145
substance involved is the requisite amount, or that the amount of 4146
the controlled substance involved is less than the requisite 4147
amount.4148

       (F)(1) Notwithstanding any contrary provision of section 4149
3719.21 of the Revised Code and except as provided in division (H) 4150
of this section, the clerk of the court shall pay any mandatory 4151
fine imposed pursuant to division (D)(1) of this section and any 4152
fine other than a mandatory fine that is imposed for a violation 4153
of this section pursuant to division (A) or (B)(5) of section 4154
2929.18 of the Revised Code to the county, township, municipal 4155
corporation, park district, as created pursuant to section 511.18 4156
or 1545.04 of the Revised Code, or state law enforcement agencies 4157
in this state that primarily were responsible for or involved in 4158
making the arrest of, and in prosecuting, the offender. However, 4159
the clerk shall not pay a mandatory fine so imposed to a law 4160
enforcement agency unless the agency has adopted a written 4161
internal control policy under division (F)(2) of this section that 4162
addresses the use of the fine moneys that it receives. Each agency 4163
shall use the mandatory fines so paid to subsidize the agency's 4164
law enforcement efforts that pertain to drug offenses, in 4165
accordance with the written internal control policy adopted by the 4166
recipient agency under division (F)(2) of this section.4167

       (2)(a) Prior to receiving any fine moneys under division 4168
(F)(1) of this section or division (B) of section 2925.42 of the 4169
Revised Code, a law enforcement agency shall adopt a written 4170
internal control policy that addresses the agency's use and 4171
disposition of all fine moneys so received and that provides for 4172
the keeping of detailed financial records of the receipts of those 4173
fine moneys, the general types of expenditures made out of those 4174
fine moneys, and the specific amount of each general type of 4175
expenditure. The policy shall not provide for or permit the 4176
identification of any specific expenditure that is made in an 4177
ongoing investigation. All financial records of the receipts of 4178
those fine moneys, the general types of expenditures made out of 4179
those fine moneys, and the specific amount of each general type of 4180
expenditure by an agency are public records open for inspection 4181
under section 149.43 of the Revised Code. Additionally, a written 4182
internal control policy adopted under this division is such a 4183
public record, and the agency that adopted it shall comply with 4184
it.4185

       (b) Each law enforcement agency that receives in any calendar 4186
year any fine moneys under division (F)(1) of this section or 4187
division (B) of section 2925.42 of the Revised Code shall prepare 4188
a report covering the calendar year that cumulates all of the 4189
information contained in all of the public financial records kept 4190
by the agency pursuant to division (F)(2)(a) of this section for 4191
that calendar year, and shall send a copy of the cumulative 4192
report, no later than the first day of March in the calendar year 4193
following the calendar year covered by the report, to the attorney 4194
general. Each report received by the attorney general is a public 4195
record open for inspection under section 149.43 of the Revised 4196
Code. Not later than the fifteenth day of April in the calendar 4197
year in which the reports are received, the attorney general shall 4198
send to the president of the senate and the speaker of the house 4199
of representatives a written notification that does all of the 4200
following:4201

       (i) Indicates that the attorney general has received from law 4202
enforcement agencies reports of the type described in this 4203
division that cover the previous calendar year and indicates that 4204
the reports were received under this division;4205

       (ii) Indicates that the reports are open for inspection under 4206
section 149.43 of the Revised Code;4207

       (iii) Indicates that the attorney general will provide a copy 4208
of any or all of the reports to the president of the senate or the 4209
speaker of the house of representatives upon request.4210

       (3) As used in division (F) of this section:4211

       (a) "Law enforcement agencies" includes, but is not limited 4212
to, the state board of pharmacy and the office of a prosecutor.4213

       (b) "Prosecutor" has the same meaning as in section 2935.01 4214
of the Revised Code.4215

       (G) When required under division (D)(2) of this section or 4216
any other provision of this chapter, the court shall suspend for 4217
not less than six months or more than five years the driver's or 4218
commercial driver's license or permit of any person who is 4219
convicted of or pleads guilty to any violation of this section or 4220
any other specified provision of this chapter. If an offender's 4221
driver's or commercial driver's license or permit is suspended 4222
pursuant to this division, the offender, at any time after the 4223
expiration of two years from the day on which the offender's 4224
sentence was imposed or from the day on which the offender finally 4225
was released from a prison term under the sentence, whichever is 4226
later, may file a motion with the sentencing court requesting 4227
termination of the suspension; upon the filing of such a motion 4228
and the court's finding of good cause for the termination, the 4229
court may terminate the suspension.4230

       (H)(1) In addition to any prison term authorized or required 4231
by division (C) of this section and sections 2929.13 and 2929.14 4232
of the Revised Code, in addition to any other penalty or sanction 4233
imposed for the offense under this section or sections 2929.11 to 4234
2929.18 of the Revised Code, and in addition to the forfeiture of 4235
property in connection with the offense as prescribed in Chapter 4236
2981. of the Revised Code, the court that sentences an offender 4237
who is convicted of or pleads guilty to a violation of division 4238
(A) of this section may impose upon the offender an additional 4239
fine specified for the offense in division (B)(4) of section 4240
2929.18 of the Revised Code. A fine imposed under division (H)(1) 4241
of this section is not subject to division (F) of this section and 4242
shall be used solely for the support of one or more eligible 4243
alcohol and drug addiction programs in accordance with divisions 4244
(H)(2) and (3) of this section.4245

       (2) The court that imposes a fine under division (H)(1) of 4246
this section shall specify in the judgment that imposes the fine 4247
one or more eligible alcohol and drug addiction programs for the 4248
support of which the fine money is to be used. No alcohol and drug 4249
addiction program shall receive or use money paid or collected in 4250
satisfaction of a fine imposed under division (H)(1) of this 4251
section unless the program is specified in the judgment that 4252
imposes the fine. No alcohol and drug addiction program shall be 4253
specified in the judgment unless the program is an eligible 4254
alcohol and drug addiction program and, except as otherwise 4255
provided in division (H)(2) of this section, unless the program is 4256
located in the county in which the court that imposes the fine is 4257
located or in a county that is immediately contiguous to the 4258
county in which that court is located. If no eligible alcohol and 4259
drug addiction program is located in any of those counties, the 4260
judgment may specify an eligible alcohol and drug addiction 4261
program that is located anywhere within this state.4262

       (3) Notwithstanding any contrary provision of section 3719.21 4263
of the Revised Code, the clerk of the court shall pay any fine 4264
imposed under division (H)(1) of this section to the eligible 4265
alcohol and drug addiction program specified pursuant to division 4266
(H)(2) of this section in the judgment. The eligible alcohol and 4267
drug addiction program that receives the fine moneys shall use the 4268
moneys only for the alcohol and drug addiction services identified 4269
in the application for certification under section 3793.06 of the 4270
Revised Code or in the application for a license under section 4271
3793.11 of the Revised Code filed with the department of alcohol 4272
and drug addiction services by the alcohol and drug addiction 4273
program specified in the judgment.4274

       (4) Each alcohol and drug addiction program that receives in 4275
a calendar year any fine moneys under division (H)(3) of this 4276
section shall file an annual report covering that calendar year 4277
with the court of common pleas and the board of county 4278
commissioners of the county in which the program is located, with 4279
the court of common pleas and the board of county commissioners of 4280
each county from which the program received the moneys if that 4281
county is different from the county in which the program is 4282
located, and with the attorney general. The alcohol and drug 4283
addiction program shall file the report no later than the first 4284
day of March in the calendar year following the calendar year in 4285
which the program received the fine moneys. The report shall 4286
include statistics on the number of persons served by the alcohol 4287
and drug addiction program, identify the types of alcohol and drug 4288
addiction services provided to those persons, and include a 4289
specific accounting of the purposes for which the fine moneys 4290
received were used. No information contained in the report shall 4291
identify, or enable a person to determine the identity of, any 4292
person served by the alcohol and drug addiction program. Each 4293
report received by a court of common pleas, a board of county 4294
commissioners, or the attorney general is a public record open for 4295
inspection under section 149.43 of the Revised Code.4296

       (5) As used in divisions (H)(1) to (5) of this section:4297

       (a) "Alcohol and drug addiction program" and "alcohol and 4298
drug addiction services" have the same meanings as in section 4299
3793.01 of the Revised Code.4300

       (b) "Eligible alcohol and drug addiction program" means an 4301
alcohol and drug addiction program that is certified under section 4302
3793.06 of the Revised Code or licensed under section 3793.11 of 4303
the Revised Code by the department of alcohol and drug addiction 4304
services.4305

       (I) As used in this section, "drug" includes any substance 4306
that is represented to be a drug.4307

       Sec. 2925.04.  (A) No person shall knowingly cultivate 4308
marihuana or knowingly manufacture or otherwise engage in any part 4309
of the production of a controlled substance.4310

       (B) This section does not apply to any person listed in 4311
division (B)(1), (2), or (3) of section 2925.03 of the Revised 4312
Code to the extent and under the circumstances described in those 4313
divisions.4314

       (C)(1) Whoever commits a violation of division (A) of this 4315
section that involves any drug other than marihuana is guilty of 4316
illegal manufacture of drugs, and whoever commits a violation of 4317
division (A) of this section that involves marihuana is guilty of 4318
illegal cultivation of marihuana.4319

       (2) Except as otherwise provided in this division, if the 4320
drug involved in the violation of division (A) of this section is 4321
any compound, mixture, preparation, or substance included in 4322
schedule I or II, with the exception of methamphetamine or 4323
marihuana, illegal manufacture of drugs is a felony of the second 4324
degree, and, subject to division (E) of this section, the court 4325
shall impose as a mandatory prison term one of the prison terms 4326
prescribed for a felony of the second degree.4327

       If the drug involved in the violation is any compound, 4328
mixture, preparation, or substance included in schedule I or II, 4329
with the exception of methamphetamine or marihuana, and if the 4330
offense was committed in the vicinity of a juvenile or in the 4331
vicinity of a school, illegal manufacture of drugs is a felony of 4332
the first degree, and, subject to division (E) of this section, 4333
the court shall impose as a mandatory prison term one of the 4334
prison terms prescribed for a felony of the first degree.4335

       (3) If the drug involved in the violation of division (A) of 4336
this section is methamphetamine, the penalty for the violation 4337
shall be determined as follows:4338

       (a) Except as otherwise provided in division (C)(3)(b) of 4339
this section, if the drug involved in the violation is 4340
methamphetamine, illegal manufacture of drugs is a felony of the 4341
second degree, and, subject to division (E) of this section, the 4342
court shall impose a mandatory prison term on the offender 4343
determined in accordance with this division. Except as otherwise 4344
provided in this division, the court shall impose as a mandatory 4345
prison term one of the prison terms prescribed for a felony of the 4346
second degree that is not less than three years. If the offender 4347
previously has been convicted of or pleaded guilty to a violation 4348
of division (A) of this section, a violation of division (B)(6) of 4349
section 2919.22 of the Revised Code, or a violation of division 4350
(A) of section 2925.041 of the Revised Code, the court shall 4351
impose as a mandatory prison term one of the prison terms 4352
prescribed for a felony of the second degree that is not less than 4353
five years.4354

       (b) If the drug involved in the violation is methamphetamine 4355
and if the offense was committed in the vicinity of a juvenile, in 4356
the vicinity of a school, or on public premises, illegal 4357
manufacture of drugs is a felony of the first degree, and, subject 4358
to division (E) of this section, the court shall impose a 4359
mandatory prison term on the offender determined in accordance 4360
with this division. Except as otherwise provided in this division, 4361
the court shall impose as a mandatory prison term one of the 4362
prison terms prescribed for a felony of the first degree that is 4363
not less than four years. If the offender previously has been 4364
convicted of or pleaded guilty to a violation of division (A) of 4365
this section, a violation of division (B)(6) of section 2919.22 of 4366
the Revised Code, or a violation of division (A) of section 4367
2925.041 of the Revised Code, the court shall impose as a 4368
mandatory prison term one of the prison terms prescribed for a 4369
felony of the first degree that is not less than five years.4370

       (4) If the drug involved in the violation of division (A) of 4371
this section is any compound, mixture, preparation, or substance 4372
included in schedule III, IV, or V, illegal manufacture of drugs 4373
is a felony of the third degree or, if the offense was committed 4374
in the vicinity of a school or in the vicinity of a juvenile, a 4375
felony of the second degree, and there is a presumption for a 4376
prison term for the offense.4377

       (5) If the drug involved in the violation is marihuana, the 4378
penalty for the offense shall be determined as follows:4379

       (a) Except as otherwise provided in division (C)(5)(b), (c), 4380
(d), (e), or (f) of this section, illegal cultivation of marihuana 4381
is a minor misdemeanor or, if the offense was committed in the 4382
vicinity of a school or in the vicinity of a juvenile, a 4383
misdemeanor of the fourth degree.4384

       (b) If the amount of marihuana involved equals or exceeds one 4385
hundred grams but is less than two hundred grams, illegal 4386
cultivation of marihuana is a misdemeanor of the fourth degree or, 4387
if the offense was committed in the vicinity of a school or in the 4388
vicinity of a juvenile, a misdemeanor of the third degree.4389

       (c) If the amount of marihuana involved equals or exceeds two 4390
hundred grams but is less than one thousand grams, illegal 4391
cultivation of marihuana is a felony of the fifth degree or, if 4392
the offense was committed in the vicinity of a school or in the 4393
vicinity of a juvenile, a felony of the fourth degree, and 4394
division (B) of section 2929.13 of the Revised Code applies in 4395
determining whether to impose a prison term on the offender.4396

       (d) If the amount of marihuana involved equals or exceeds one 4397
thousand grams but is less than five thousand grams, illegal 4398
cultivation of marihuana is a felony of the third degree or, if 4399
the offense was committed in the vicinity of a school or in the 4400
vicinity of a juvenile, a felony of the second degree, and 4401
division (C) of section 2929.13 of the Revised Code applies in 4402
determining whether to impose a prison term on the offender.4403

       (e) If the amount of marihuana involved equals or exceeds 4404
five thousand grams but is less than twenty thousand grams, 4405
illegal cultivation of marihuana is a felony of the third degree 4406
or, if the offense was committed in the vicinity of a school or in 4407
the vicinity of a juvenile, a felony of the second degree, and 4408
there is a presumption for a prison term for the offense.4409

       (f) Except as otherwise provided in this division, if the 4410
amount of marihuana involved equals or exceeds twenty thousand 4411
grams, illegal cultivation of marihuana is a felony of the second 4412
degree, and the court shall impose as a mandatory prison term the 4413
maximum prison term prescribed for a felony of the second degree. 4414
If the amount of the drug involved equals or exceeds twenty 4415
thousand grams and if the offense was committed in the vicinity of 4416
a school or in the vicinity of a juvenile, illegal cultivation of 4417
marihuana is a felony of the first degree, and the court shall 4418
impose as a mandatory prison term the maximum prison term 4419
prescribed for a felony of the first degree.4420

       (D) In addition to any prison term authorized or required by 4421
division (C) or (E) of this section and sections 2929.13 and 4422
2929.14 of the Revised Code and in addition to any other sanction 4423
imposed for the offense under this section or sections 2929.11 to 4424
2929.18 of the Revised Code, the court that sentences an offender 4425
who is convicted of or pleads guilty to a violation of division 4426
(A) of this section shall do all of the following that are 4427
applicable regarding the offender:4428

       (1) If the violation of division (A) of this section is a 4429
felony of the first, second, or third degree, the court shall 4430
impose upon the offender the mandatory fine specified for the 4431
offense under division (B)(1) of section 2929.18 of the Revised 4432
Code unless, as specified in that division, the court determines 4433
that the offender is indigent. The clerk of the court shall pay a 4434
mandatory fine or other fine imposed for a violation of this 4435
section pursuant to division (A) of section 2929.18 of the Revised 4436
Code in accordance with and subject to the requirements of 4437
division (F) of section 2925.03 of the Revised Code. The agency 4438
that receives the fine shall use the fine as specified in division 4439
(F) of section 2925.03 of the Revised Code. If a person is charged 4440
with a violation of this section that is a felony of the first, 4441
second, or third degree, posts bail, and forfeits the bail, the 4442
clerk shall pay the forfeited bail as if the forfeited bail were a 4443
fine imposed for a violation of this section.4444

       (2) The court shall suspend the offender's driver's or 4445
commercial driver's license or permit in accordance with division 4446
(G) of section 2925.03 of the Revised Code. If an offender's 4447
driver's or commercial driver's license or permit is suspended in 4448
accordance with that division, the offender may request 4449
termination of, and the court may terminate, the suspension in 4450
accordance with that division.4451

       (3) If the offender is a professionally licensed person, the 4452
court immediately shall comply with section 2925.38 of the Revised 4453
Code.4454

       (E) Notwithstanding the prison term otherwise authorized or 4455
required for the offense under division (C) of this section and 4456
sections 2929.13 and 2929.14 of the Revised Code, if the violation 4457
of division (A) of this section involves the sale, offer to sell, 4458
or possession of a schedule I or II controlled substance, with the 4459
exception of marihuana, and if the court imposing sentence upon 4460
the offender finds that the offender as a result of the violation 4461
is a major drug offender and is guilty of a specification of the 4462
type described in section 2941.1410 of the Revised Code, the 4463
court, in lieu of the prison term otherwise authorized or 4464
required, shall impose upon the offender the mandatory prison term 4465
specified in division (B)(3)(a) of section 2929.14 of the Revised 4466
Code.4467

       (F) It is an affirmative defense, as provided in section 4468
2901.05 of the Revised Code, to a charge under this section for a 4469
fifth degree felony violation of illegal cultivation of marihuana 4470
that the marihuana that gave rise to the charge is in an amount, 4471
is in a form, is prepared, compounded, or mixed with substances 4472
that are not controlled substances in a manner, or is possessed or 4473
cultivated under any other circumstances that indicate that the 4474
marihuana was solely for personal use.4475

       Notwithstanding any contrary provision of division (F) of 4476
this section, if, in accordance with section 2901.05 of the 4477
Revised Code, a person who is charged with a violation of illegal 4478
cultivation of marihuana that is a felony of the fifth degree 4479
sustains the burden of going forward with evidence of and 4480
establishes by a preponderance of the evidence the affirmative 4481
defense described in this division, the person may be prosecuted 4482
for and may be convicted of or plead guilty to a misdemeanor 4483
violation of illegal cultivation of marihuana.4484

       (G) Arrest or conviction for a minor misdemeanor violation of 4485
this section does not constitute a criminal record and need not be 4486
reported by the person so arrested or convicted in response to any 4487
inquiries about the person's criminal record, including any 4488
inquiries contained in an application for employment, a license, 4489
or any other right or privilege or made in connection with the 4490
person's appearance as a witness.4491

       Sec. 2925.14.  (A) As used in this section, "drug 4492
paraphernalia" means any equipment, product, or material of any 4493
kind that is used by the offender, intended by the offender for 4494
use, or designed for use, in propagating, cultivating, growing, 4495
harvesting, manufacturing, compounding, converting, producing, 4496
processing, preparing, testing, analyzing, packaging, repackaging, 4497
storing, containing, concealing, injecting, ingesting, inhaling, 4498
or otherwise introducing into the human body, a controlled 4499
substance in violation of this chapter. "Drug paraphernalia" 4500
includes, but is not limited to, any of the following equipment, 4501
products, or materials that are used by the offender, intended by 4502
the offender for use, or designed by the offender for use, in any 4503
of the following manners:4504

       (1) A kit for propagating, cultivating, growing, or 4505
harvesting any species of a plant that is a controlled substance 4506
or from which a controlled substance can be derived;4507

       (2) A kit for manufacturing, compounding, converting, 4508
producing, processing, or preparing a controlled substance;4509

       (3) Any object, instrument, or device for manufacturing, 4510
compounding, converting, producing, processing, or preparing 4511
methamphetamine;4512

       (4) An isomerization device for increasing the potency of any 4513
species of a plant that is a controlled substance;4514

       (5) Testing equipment for identifying, or analyzing the 4515
strength, effectiveness, or purity of, a controlled substance;4516

       (6) A scale or balance for weighing or measuring a controlled 4517
substance;4518

       (7) A diluent or adulterant, such as quinine hydrochloride, 4519
mannitol, mannite, dextrose, or lactose, for cutting a controlled 4520
substance;4521

       (8) A separation gin or sifter for removing twigs and seeds 4522
from, or otherwise cleaning or refining, marihuana;4523

       (9) A blender, bowl, container, spoon, or mixing device for 4524
compounding a controlled substance;4525

       (10) A capsule, balloon, envelope, or container for packaging 4526
small quantities of a controlled substance;4527

       (11) A container or device for storing or concealing a 4528
controlled substance;4529

       (12) A hypodermic syringe, needle, or instrument for 4530
parenterally injecting a controlled substance into the human body;4531

       (13) An object, instrument, or device for ingesting, 4532
inhaling, or otherwise introducing into the human body, marihuana, 4533
cocaine, hashish, or hashish oil, such as a metal, wooden, 4534
acrylic, glass, stone, plastic, or ceramic pipe, with or without a 4535
screen, permanent screen, hashish head, or punctured metal bowl; 4536
water pipe; carburetion tube or device; smoking or carburetion 4537
mask; roach clip or similar object used to hold burning material, 4538
such as a marihuana cigarette, that has become too small or too 4539
short to be held in the hand; miniature cocaine spoon, or cocaine 4540
vial; chamber pipe; carburetor pipe; electric pipe; air driver 4541
pipe; chillum; bong; or ice pipe or chiller.4542

       (B) In determining if any equipment, product, or material is 4543
drug paraphernalia, a court or law enforcement officer shall 4544
consider, in addition to other relevant factors, the following:4545

       (1) Any statement by the owner, or by anyone in control, of 4546
the equipment, product, or material, concerning its use;4547

       (2) The proximity in time or space of the equipment, product, 4548
or material, or of the act relating to the equipment, product, or 4549
material, to a violation of any provision of this chapter;4550

       (3) The proximity of the equipment, product, or material to 4551
any controlled substance;4552

       (4) The existence of any residue of a controlled substance on 4553
the equipment, product, or material;4554

       (5) Direct or circumstantial evidence of the intent of the 4555
owner, or of anyone in control, of the equipment, product, or 4556
material, to deliver it to any person whom the owner or person in 4557
control of the equipment, product, or material knows intends to 4558
use the object to facilitate a violation of any provision of this 4559
chapter. A finding that the owner, or anyone in control, of the 4560
equipment, product, or material, is not guilty of a violation of 4561
any other provision of this chapter does not prevent a finding 4562
that the equipment, product, or material was intended or designed 4563
by the offender for use as drug paraphernalia.4564

       (6) Any oral or written instruction provided with the 4565
equipment, product, or material concerning its use;4566

       (7) Any descriptive material accompanying the equipment, 4567
product, or material and explaining or depicting its use;4568

       (8) National or local advertising concerning the use of the 4569
equipment, product, or material;4570

       (9) The manner and circumstances in which the equipment, 4571
product, or material is displayed for sale;4572

       (10) Direct or circumstantial evidence of the ratio of the 4573
sales of the equipment, product, or material to the total sales of 4574
the business enterprise;4575

       (11) The existence and scope of legitimate uses of the 4576
equipment, product, or material in the community;4577

       (12) Expert testimony concerning the use of the equipment, 4578
product, or material.4579

       (C)(1) NoSubject to division (D)(2) of this section, no4580
person shall knowingly use, or possess with purpose to use, drug 4581
paraphernalia.4582

       (2) No person shall knowingly sell, or possess or manufacture 4583
with purpose to sell, drug paraphernalia, if the person knows or 4584
reasonably should know that the equipment, product, or material 4585
will be used as drug paraphernalia.4586

       (3) No person shall place an advertisement in any newspaper, 4587
magazine, handbill, or other publication that is published and 4588
printed and circulates primarily within this state, if the person 4589
knows that the purpose of the advertisement is to promote the 4590
illegal sale in this state of the equipment, product, or material 4591
that the offender intended or designed for use as drug 4592
paraphernalia.4593

       (D)(1) This section does not apply to manufacturers, licensed 4594
health professionals authorized to prescribe drugs, pharmacists, 4595
owners of pharmacies, and other persons whose conduct is in 4596
accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731., 4597
and 4741. of the Revised Code. This section shall not be construed 4598
to prohibit the possession or use of a hypodermic as authorized by 4599
section 3719.172 of the Revised Code.4600

       (2) Division (C)(1) of this section does not apply to a 4601
person's use, or possession with purpose to use, any drug 4602
paraphernalia that is equipment, a product, or material of any 4603
kind that is used by the person, intended by the person for use, 4604
or designed for use in storing, containing, concealing, injecting, 4605
ingesting, inhaling, or otherwise introducing into the human body 4606
marihuana.4607

       (E) Notwithstanding Chapter 2981. of the Revised Code, any 4608
drug paraphernalia that was used, possessed, sold, or manufactured 4609
in a violation of this section shall be seized, after a conviction 4610
for that violation shall be forfeited, and upon forfeiture shall 4611
be disposed of pursuant to division (B) of section 2981.12 of the 4612
Revised Code.4613

       (F)(1) Whoever violates division (C)(1) of this section is 4614
guilty of illegal use or possession of drug paraphernalia, a 4615
misdemeanor of the fourth degree.4616

       (2) Except as provided in division (F)(3) of this section, 4617
whoever violates division (C)(2) of this section is guilty of 4618
dealing in drug paraphernalia, a misdemeanor of the second degree.4619

       (3) Whoever violates division (C)(2) of this section by 4620
selling drug paraphernalia to a juvenile is guilty of selling drug 4621
paraphernalia to juveniles, a misdemeanor of the first degree.4622

       (4) Whoever violates division (C)(3) of this section is 4623
guilty of illegal advertising of drug paraphernalia, a misdemeanor 4624
of the second degree.4625

       (G) In addition to any other sanction imposed upon an 4626
offender for a violation of this section, the court shall suspend 4627
for not less than six months or more than five years the 4628
offender's driver's or commercial driver's license or permit. If 4629
the offender is a professionally licensed person, in addition to 4630
any other sanction imposed for a violation of this section, the 4631
court immediately shall comply with section 2925.38 of the Revised 4632
Code.4633

       Sec. 2925.141. (A) As used in this section, "drug 4634
paraphernalia" has the same meaning as in section 2925.14 of the 4635
Revised Code.4636

        (B) In determining if any equipment, product, or material is 4637
drug paraphernalia, a court or law enforcement officer shall 4638
consider, in addition to other relevant factors, all factors 4639
identified in division (B) of section 2925.14 of the Revised Code.4640

        (C) No person shall knowingly use, or possess with purpose to 4641
use, any drug paraphernalia that is equipment, a product, or 4642
material of any kind that is used by the person, intended by the 4643
person for use, or designed for use in storing, containing, 4644
concealing, injecting, ingesting, inhaling, or otherwise 4645
introducing into the human body marihuana.4646

        (D) This section does not apply to any person identified in 4647
division (D)(1) of section 2925.14 of the Revised Code, and it 4648
shall not be construed to prohibit the possession or use of a 4649
hypodermic as authorized by section 3719.172 of the Revised Code.4650

        (E) Division (E) of section 2925.14 of the Revised Code 4651
applies with respect to any drug paraphernalia that was used or 4652
possessed in violation of this section.4653

        (F) Whoever violates division (C) of this section is guilty 4654
of illegal use or possession of marihuana drug paraphernalia, a 4655
minor misdemeanor.4656

        (G) In addition to any other sanction imposed upon an 4657
offender for a violation of this section, the court shall suspend 4658
for not less than six months or more than five years the 4659
offender's driver's or commercial driver's license or permit. If 4660
the offender is a professionally licensed person, in addition to 4661
any other sanction imposed for a violation of this section, the 4662
court immediately shall comply with section 2925.38 of the Revised 4663
Code.4664

       Sec. 2925.38.  If a person who is convicted of or pleads 4665
guilty to a violation of section 2925.02, 2925.03, 2925.04, 4666
2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14,4667
2925.141, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 4668
of the Revised Code is a professionally licensed person, in 4669
addition to any other sanctions imposed for the violation, the 4670
court, except as otherwise provided in this section, immediately 4671
shall transmit a certified copy of the judgment entry of 4672
conviction to the regulatory or licensing board or agency that has 4673
the administrative authority to suspend or revoke the offender's 4674
professional license. If the professionally licensed person who is 4675
convicted of or pleads guilty to a violation of any section listed 4676
in this section is a person who has been admitted to the bar by 4677
order of the supreme court in compliance with its prescribed and 4678
published rules, in addition to any other sanctions imposed for 4679
the violation, the court immediately shall transmit a certified 4680
copy of the judgment entry of conviction to the secretary of the 4681
board of commissioners on grievances and discipline of the supreme 4682
court and to either the disciplinary counsel or the president, 4683
secretary, and chairperson of each certified grievance committee.4684

       Sec. 2929.14.  (A) Except as provided in division (B)(1), 4685
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G), 4686
(H), or (J) of this section or in division (D)(6) of section 4687
2919.25 of the Revised Code and except in relation to an offense 4688
for which a sentence of death or life imprisonment is to be 4689
imposed, if the court imposing a sentence upon an offender for a 4690
felony elects or is required to impose a prison term on the 4691
offender pursuant to this chapter, the court shall impose a 4692
definite prison term that shall be one of the following:4693

       (1) For a felony of the first degree, the prison term shall 4694
be three, four, five, six, seven, eight, nine, ten, or eleven 4695
years.4696

       (2) For a felony of the second degree, the prison term shall 4697
be two, three, four, five, six, seven, or eight years.4698

       (3)(a) For a felony of the third degree that is a violation 4699
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the 4700
Revised Code or that is a violation of section 2911.02 or 2911.12 4701
of the Revised Code if the offender previously has been convicted 4702
of or pleaded guilty in two or more separate proceedings to two or 4703
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12 4704
of the Revised Code, the prison term shall be twelve, eighteen, 4705
twenty-four, thirty, thirty-six, forty-two, forty-eight, 4706
fifty-four, or sixty months.4707

       (b) For a felony of the third degree that is not an offense 4708
for which division (A)(3)(a) of this section applies, the prison 4709
term shall be nine, twelve, eighteen, twenty-four, thirty, or 4710
thirty-six months.4711

       (4) For a felony of the fourth degree, the prison term shall 4712
be six, seven, eight, nine, ten, eleven, twelve, thirteen, 4713
fourteen, fifteen, sixteen, seventeen, or eighteen months.4714

       (5) For a felony of the fifth degree, the prison term shall 4715
be six, seven, eight, nine, ten, eleven, or twelve months.4716

       (B)(1)(a) Except as provided in division (B)(1)(e) of this 4717
section, if an offender who is convicted of or pleads guilty to a 4718
felony also is convicted of or pleads guilty to a specification of 4719
the type described in section 2941.141, 2941.144, or 2941.145 of 4720
the Revised Code, the court shall impose on the offender one of 4721
the following prison terms:4722

       (i) A prison term of six years if the specification is of the 4723
type described in section 2941.144 of the Revised Code that 4724
charges the offender with having a firearm that is an automatic 4725
firearm or that was equipped with a firearm muffler or silencer on 4726
or about the offender's person or under the offender's control 4727
while committing the felony;4728

       (ii) A prison term of three years if the specification is of 4729
the type described in section 2941.145 of the Revised Code that 4730
charges the offender with having a firearm on or about the 4731
offender's person or under the offender's control while committing 4732
the offense and displaying the firearm, brandishing the firearm, 4733
indicating that the offender possessed the firearm, or using it to 4734
facilitate the offense;4735

       (iii) A prison term of one year if the specification is of 4736
the type described in section 2941.141 of the Revised Code that 4737
charges the offender with having a firearm on or about the 4738
offender's person or under the offender's control while committing 4739
the felony.4740

       (b) If a court imposes a prison term on an offender under 4741
division (B)(1)(a) of this section, the prison term shall not be 4742
reduced pursuant to section 2967.19, section 2929.20, section 4743
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 4744
of the Revised Code. Except as provided in division (B)(1)(g) of 4745
this section, a court shall not impose more than one prison term 4746
on an offender under division (B)(1)(a) of this section for 4747
felonies committed as part of the same act or transaction.4748

       (c) Except as provided in division (B)(1)(e) of this section, 4749
if an offender who is convicted of or pleads guilty to a violation 4750
of section 2923.161 of the Revised Code or to a felony that 4751
includes, as an essential element, purposely or knowingly causing 4752
or attempting to cause the death of or physical harm to another, 4753
also is convicted of or pleads guilty to a specification of the 4754
type described in section 2941.146 of the Revised Code that 4755
charges the offender with committing the offense by discharging a 4756
firearm from a motor vehicle other than a manufactured home, the 4757
court, after imposing a prison term on the offender for the 4758
violation of section 2923.161 of the Revised Code or for the other 4759
felony offense under division (A), (B)(2), or (B)(3) of this 4760
section, shall impose an additional prison term of five years upon 4761
the offender that shall not be reduced pursuant to section 4762
2929.20, section 2967.19, section 2967.193, or any other provision 4763
of Chapter 2967. or Chapter 5120. of the Revised Code. A court 4764
shall not impose more than one additional prison term on an 4765
offender under division (B)(1)(c) of this section for felonies 4766
committed as part of the same act or transaction. If a court 4767
imposes an additional prison term on an offender under division 4768
(B)(1)(c) of this section relative to an offense, the court also 4769
shall impose a prison term under division (B)(1)(a) of this 4770
section relative to the same offense, provided the criteria 4771
specified in that division for imposing an additional prison term 4772
are satisfied relative to the offender and the offense.4773

       (d) If an offender who is convicted of or pleads guilty to an 4774
offense of violence that is a felony also is convicted of or 4775
pleads guilty to a specification of the type described in section 4776
2941.1411 of the Revised Code that charges the offender with 4777
wearing or carrying body armor while committing the felony offense 4778
of violence, the court shall impose on the offender a prison term 4779
of two years. The prison term so imposed, subject to divisions (C) 4780
to (I) of section 2967.19 of the Revised Code, shall not be 4781
reduced pursuant to section 2929.20, section 2967.19, section 4782
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 4783
of the Revised Code. A court shall not impose more than one prison 4784
term on an offender under division (B)(1)(d) of this section for 4785
felonies committed as part of the same act or transaction. If a 4786
court imposes an additional prison term under division (B)(1)(a) 4787
or (c) of this section, the court is not precluded from imposing 4788
an additional prison term under division (B)(1)(d) of this 4789
section.4790

       (e) The court shall not impose any of the prison terms 4791
described in division (B)(1)(a) of this section or any of the 4792
additional prison terms described in division (B)(1)(c) of this 4793
section upon an offender for a violation of section 2923.12 or 4794
2923.123 of the Revised Code. The court shall not impose any of 4795
the prison terms described in division (B)(1)(a) or (b) of this 4796
section upon an offender for a violation of section 2923.122 that 4797
involves a deadly weapon that is a firearm other than a dangerous 4798
ordnance, section 2923.16, or section 2923.121 of the Revised 4799
Code. The court shall not impose any of the prison terms described 4800
in division (B)(1)(a) of this section or any of the additional 4801
prison terms described in division (B)(1)(c) of this section upon 4802
an offender for a violation of section 2923.13 of the Revised Code 4803
unless all of the following apply:4804

       (i) The offender previously has been convicted of aggravated 4805
murder, murder, or any felony of the first or second degree.4806

       (ii) Less than five years have passed since the offender was 4807
released from prison or post-release control, whichever is later, 4808
for the prior offense.4809

        (f) If an offender is convicted of or pleads guilty to a 4810
felony that includes, as an essential element, causing or 4811
attempting to cause the death of or physical harm to another and 4812
also is convicted of or pleads guilty to a specification of the 4813
type described in section 2941.1412 of the Revised Code that 4814
charges the offender with committing the offense by discharging a 4815
firearm at a peace officer as defined in section 2935.01 of the 4816
Revised Code or a corrections officer, as defined in section 4817
2941.1412 of the Revised Code, the court, after imposing a prison 4818
term on the offender for the felony offense under division (A), 4819
(B)(2), or (B)(3) of this section, shall impose an additional 4820
prison term of seven years upon the offender that shall not be 4821
reduced pursuant to section 2929.20, section 2967.19, section 4822
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 4823
of the Revised Code. If an offender is convicted of or pleads 4824
guilty to two or more felonies that include, as an essential 4825
element, causing or attempting to cause the death or physical harm 4826
to another and also is convicted of or pleads guilty to a 4827
specification of the type described under division (B)(1)(f) of 4828
this section in connection with two or more of the felonies of 4829
which the offender is convicted or to which the offender pleads 4830
guilty, the sentencing court shall impose on the offender the 4831
prison term specified under division (B)(1)(f) of this section for 4832
each of two of the specifications of which the offender is 4833
convicted or to which the offender pleads guilty and, in its 4834
discretion, also may impose on the offender the prison term 4835
specified under that division for any or all of the remaining 4836
specifications. If a court imposes an additional prison term on an 4837
offender under division (B)(1)(f) of this section relative to an 4838
offense, the court shall not impose a prison term under division 4839
(B)(1)(a) or (c) of this section relative to the same offense.4840

       (g) If an offender is convicted of or pleads guilty to two or 4841
more felonies, if one or more of those felonies are aggravated 4842
murder, murder, attempted aggravated murder, attempted murder, 4843
aggravated robbery, felonious assault, or rape, and if the 4844
offender is convicted of or pleads guilty to a specification of 4845
the type described under division (B)(1)(a) of this section in 4846
connection with two or more of the felonies, the sentencing court 4847
shall impose on the offender the prison term specified under 4848
division (B)(1)(a) of this section for each of the two most 4849
serious specifications of which the offender is convicted or to 4850
which the offender pleads guilty and, in its discretion, also may 4851
impose on the offender the prison term specified under that 4852
division for any or all of the remaining specifications.4853

       (2)(a) If division (B)(2)(b) of this section does not apply, 4854
the court may impose on an offender, in addition to the longest 4855
prison term authorized or required for the offense, an additional 4856
definite prison term of one, two, three, four, five, six, seven, 4857
eight, nine, or ten years if all of the following criteria are 4858
met:4859

       (i) The offender is convicted of or pleads guilty to a 4860
specification of the type described in section 2941.149 of the 4861
Revised Code that the offender is a repeat violent offender.4862

       (ii) The offense of which the offender currently is convicted 4863
or to which the offender currently pleads guilty is aggravated 4864
murder and the court does not impose a sentence of death or life 4865
imprisonment without parole, murder, terrorism and the court does 4866
not impose a sentence of life imprisonment without parole, any 4867
felony of the first degree that is an offense of violence and the 4868
court does not impose a sentence of life imprisonment without 4869
parole, or any felony of the second degree that is an offense of 4870
violence and the trier of fact finds that the offense involved an 4871
attempt to cause or a threat to cause serious physical harm to a 4872
person or resulted in serious physical harm to a person.4873

       (iii) The court imposes the longest prison term for the 4874
offense that is not life imprisonment without parole.4875

       (iv) The court finds that the prison terms imposed pursuant 4876
to division (D)(B)(2)(a)(iii) of this section and, if applicable, 4877
division (D)(B)(1) or (3) of this section are inadequate to punish 4878
the offender and protect the public from future crime, because the 4879
applicable factors under section 2929.12 of the Revised Code 4880
indicating a greater likelihood of recidivism outweigh the 4881
applicable factors under that section indicating a lesser 4882
likelihood of recidivism.4883

       (v) The court finds that the prison terms imposed pursuant to 4884
division (D)(B)(2)(a)(iii) of this section and, if applicable, 4885
division (D)(B)(1) or (3) of this section are demeaning to the 4886
seriousness of the offense, because one or more of the factors 4887
under section 2929.12 of the Revised Code indicating that the 4888
offender's conduct is more serious than conduct normally 4889
constituting the offense are present, and they outweigh the 4890
applicable factors under that section indicating that the 4891
offender's conduct is less serious than conduct normally 4892
constituting the offense.4893

       (b) The court shall impose on an offender the longest prison 4894
term authorized or required for the offense and shall impose on 4895
the offender an additional definite prison term of one, two, 4896
three, four, five, six, seven, eight, nine, or ten years if all of 4897
the following criteria are met:4898

       (i) The offender is convicted of or pleads guilty to a 4899
specification of the type described in section 2941.149 of the 4900
Revised Code that the offender is a repeat violent offender.4901

       (ii) The offender within the preceding twenty years has been 4902
convicted of or pleaded guilty to three or more offenses described 4903
in division (CC)(1) of section 2929.01 of the Revised Code, 4904
including all offenses described in that division of which the 4905
offender is convicted or to which the offender pleads guilty in 4906
the current prosecution and all offenses described in that 4907
division of which the offender previously has been convicted or to 4908
which the offender previously pleaded guilty, whether prosecuted 4909
together or separately.4910

       (iii) The offense or offenses of which the offender currently 4911
is convicted or to which the offender currently pleads guilty is 4912
aggravated murder and the court does not impose a sentence of 4913
death or life imprisonment without parole, murder, terrorism and 4914
the court does not impose a sentence of life imprisonment without 4915
parole, any felony of the first degree that is an offense of 4916
violence and the court does not impose a sentence of life 4917
imprisonment without parole, or any felony of the second degree 4918
that is an offense of violence and the trier of fact finds that 4919
the offense involved an attempt to cause or a threat to cause 4920
serious physical harm to a person or resulted in serious physical 4921
harm to a person.4922

       (c) For purposes of division (B)(2)(b) of this section, two 4923
or more offenses committed at the same time or as part of the same 4924
act or event shall be considered one offense, and that one offense 4925
shall be the offense with the greatest penalty.4926

       (d) A sentence imposed under division (B)(2)(a) or (b) of 4927
this section shall not be reduced pursuant to section 2929.20, 4928
section 2967.19, or section 2967.193, or any other provision of 4929
Chapter 2967. or Chapter 5120. of the Revised Code. The offender 4930
shall serve an additional prison term imposed under this section 4931
consecutively to and prior to the prison term imposed for the 4932
underlying offense.4933

       (e) When imposing a sentence pursuant to division (B)(2)(a) 4934
or (b) of this section, the court shall state its findings 4935
explaining the imposed sentence.4936

       (3) Except when an offender commits a violation of section 4937
2903.01 or 2907.02 of the Revised Code and the penalty imposed for 4938
the violation is life imprisonment or commits a violation of 4939
section 2903.02 of the Revised Code, if the offender commits a 4940
violation of section 2925.03 or 2925.11 of the Revised Code and 4941
that section classifies the offender as a major drug offender and 4942
requires the imposition of a ten-year prison term on the offender, 4943
if the offender commits a felony violation of section 2925.02, 4944
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 4945
4729.37, or 4729.61, division (C) or (D) of section 3719.172, 4946
division (C) of section 4729.51, or division (J) of section 4947
4729.54 of the Revised Code that includes the sale, offer to sell, 4948
or possession of a schedule I or II controlled substance, with the 4949
exception of marihuana, and the court imposing sentence upon the 4950
offender finds that the offender is guilty of a specification of 4951
the type described in section 2941.1410 of the Revised Code 4952
charging that the offender is a major drug offender, if the court 4953
imposing sentence upon an offender for a felony finds that the 4954
offender is guilty of corrupt activity with the most serious 4955
offense in the pattern of corrupt activity being a felony of the 4956
first degree, or if the offender is guilty of an attempted 4957
violation of section 2907.02 of the Revised Code and, had the 4958
offender completed the violation of section 2907.02 of the Revised 4959
Code that was attempted, the offender would have been subject to a 4960
sentence of life imprisonment or life imprisonment without parole 4961
for the violation of section 2907.02 of the Revised Code, the 4962
court shall impose upon the offender for the felony violation a 4963
ten-yearmandatory prison term of the maximum prison term 4964
prescribed for a felony of the first degree that, subject to 4965
divisions (C) to (I) of section 2967.19 of the Revised Code, 4966
cannot be reduced pursuant to section 2929.20, section 2967.19, or 4967
any other provision of Chapter 2967. or 5120. of the Revised Code.4968

       (4) If the offender is being sentenced for a third or fourth 4969
degree felony OVI offense under division (G)(2) of section 2929.13 4970
of the Revised Code, the sentencing court shall impose upon the 4971
offender a mandatory prison term in accordance with that division. 4972
In addition to the mandatory prison term, if the offender is being 4973
sentenced for a fourth degree felony OVI offense, the court, 4974
notwithstanding division (A)(4) of this section, may sentence the 4975
offender to a definite prison term of not less than six months and 4976
not more than thirty months, and if the offender is being 4977
sentenced for a third degree felony OVI offense, the sentencing 4978
court may sentence the offender to an additional prison term of 4979
any duration specified in division (A)(3) of this section. In 4980
either case, the additional prison term imposed shall be reduced 4981
by the sixty or one hundred twenty days imposed upon the offender 4982
as the mandatory prison term. The total of the additional prison 4983
term imposed under division (D)(B)(4) of this section plus the 4984
sixty or one hundred twenty days imposed as the mandatory prison 4985
term shall equal a definite term in the range of six months to 4986
thirty months for a fourth degree felony OVI offense and shall 4987
equal one of the authorized prison terms specified in division 4988
(A)(3) of this section for a third degree felony OVI offense. If 4989
the court imposes an additional prison term under division (B)(4) 4990
of this section, the offender shall serve the additional prison 4991
term after the offender has served the mandatory prison term 4992
required for the offense. In addition to the mandatory prison term 4993
or mandatory and additional prison term imposed as described in 4994
division (B)(4) of this section, the court also may sentence the 4995
offender to a community control sanction under section 2929.16 or 4996
2929.17 of the Revised Code, but the offender shall serve all of 4997
the prison terms so imposed prior to serving the community control 4998
sanction.4999

        If the offender is being sentenced for a fourth degree felony 5000
OVI offense under division (G)(1) of section 2929.13 of the 5001
Revised Code and the court imposes a mandatory term of local 5002
incarceration, the court may impose a prison term as described in 5003
division (A)(1) of that section.5004

       (5) If an offender is convicted of or pleads guilty to a 5005
violation of division (A)(1) or (2) of section 2903.06 of the 5006
Revised Code and also is convicted of or pleads guilty to a 5007
specification of the type described in section 2941.1414 of the 5008
Revised Code that charges that the victim of the offense is a 5009
peace officer, as defined in section 2935.01 of the Revised Code, 5010
or an investigator of the bureau of criminal identification and 5011
investigation, as defined in section 2903.11 of the Revised Code, 5012
the court shall impose on the offender a prison term of five 5013
years. If a court imposes a prison term on an offender under 5014
division (B)(5) of this section, the prison term, subject to 5015
divisions (C) to (I) of section 2967.19 of the Revised Code, shall 5016
not be reduced pursuant to section 2929.20, section 2967.19, 5017
section 2967.193, or any other provision of Chapter 2967. or 5018
Chapter 5120. of the Revised Code. A court shall not impose more 5019
than one prison term on an offender under division (B)(5) of this 5020
section for felonies committed as part of the same act.5021

        (6) If an offender is convicted of or pleads guilty to a 5022
violation of division (A)(1) or (2) of section 2903.06 of the 5023
Revised Code and also is convicted of or pleads guilty to a 5024
specification of the type described in section 2941.1415 of the 5025
Revised Code that charges that the offender previously has been 5026
convicted of or pleaded guilty to three or more violations of 5027
division (A) or (B) of section 4511.19 of the Revised Code or an 5028
equivalent offense, as defined in section 2941.1415 of the Revised 5029
Code, or three or more violations of any combination of those 5030
divisions and offenses, the court shall impose on the offender a 5031
prison term of three years. If a court imposes a prison term on an 5032
offender under division (B)(6) of this section, the prison term, 5033
subject to divisions (C) to (I) of section 2967.19 of the Revised 5034
Code, shall not be reduced pursuant to section 2929.20, section 5035
2967.19, section 2967.193, or any other provision of Chapter 2967. 5036
or Chapter 5120. of the Revised Code. A court shall not impose 5037
more than one prison term on an offender under division (B)(6) of 5038
this section for felonies committed as part of the same act.5039

       (7)(a) If an offender is convicted of or pleads guilty to a 5040
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or 5041
2923.32, division (A)(1) or (2) of section 2907.323, or division 5042
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised 5043
Code and also is convicted of or pleads guilty to a specification 5044
of the type described in section 2941.1422 of the Revised Code 5045
that charges that the offender knowingly committed the offense in 5046
furtherance of human trafficking, the court shall impose on the 5047
offender a mandatory prison term that is one of the following:5048

       (i) If the offense is a felony of the first degree, a 5049
definite prison term of not less than five years and not greater 5050
than ten years;5051

       (ii) If the offense is a felony of the second or third 5052
degree, a definite prison term of not less than three years and 5053
not greater than the maximum prison term allowed for the offense 5054
by division (A) of section 2929.14 of the Revised Code;5055

       (iii) If the offense is a felony of the fourth or fifth 5056
degree, a definite prison term that is the maximum prison term 5057
allowed for the offense by division (A) of section 2929.14 of the 5058
Revised Code.5059

       (b) Subject to divisions (C) to (I) of section 2967.19 of the 5060
Revised Code, the prison term imposed under division (B)(7)(a) of 5061
this section shall not be reduced pursuant to section 2929.20, 5062
section 2967.19, section 2967.193, or any other provision of 5063
Chapter 2967. of the Revised Code. A court shall not impose more 5064
than one prison term on an offender under division (B)(7)(a) of 5065
this section for felonies committed as part of the same act, 5066
scheme, or plan.5067

       (8) If an offender is convicted of or pleads guilty to a 5068
felony violation of section 2903.11, 2903.12, or 2903.13 of the 5069
Revised Code and also is convicted of or pleads guilty to a 5070
specification of the type described in section 2941.1423 of the 5071
Revised Code that charges that the victim of the violation was a 5072
woman whom the offender knew was pregnant at the time of the 5073
violation, notwithstanding the range of prison terms prescribed in 5074
division (A) of this section for felonies of the same degree as 5075
the violation, the court shall impose on the offender a mandatory 5076
prison term that is either a definite prison term of six months or 5077
one of the prison terms prescribed in section 2929.14 of the 5078
Revised Code for felonies of the same degree as the violation.5079

       (C)(1)(a) Subject to division (C)(1)(b) of this section, if a 5080
mandatory prison term is imposed upon an offender pursuant to 5081
division (B)(1)(a) of this section for having a firearm on or 5082
about the offender's person or under the offender's control while 5083
committing a felony, if a mandatory prison term is imposed upon an 5084
offender pursuant to division (B)(1)(c) of this section for 5085
committing a felony specified in that division by discharging a 5086
firearm from a motor vehicle, or if both types of mandatory prison 5087
terms are imposed, the offender shall serve any mandatory prison 5088
term imposed under either division consecutively to any other 5089
mandatory prison term imposed under either division or under 5090
division (B)(1)(d) of this section, consecutively to and prior to 5091
any prison term imposed for the underlying felony pursuant to 5092
division (A), (B)(2), or (B)(3) of this section or any other 5093
section of the Revised Code, and consecutively to any other prison 5094
term or mandatory prison term previously or subsequently imposed 5095
upon the offender.5096

       (b) If a mandatory prison term is imposed upon an offender 5097
pursuant to division (B)(1)(d) of this section for wearing or 5098
carrying body armor while committing an offense of violence that 5099
is a felony, the offender shall serve the mandatory term so 5100
imposed consecutively to any other mandatory prison term imposed 5101
under that division or under division (B)(1)(a) or (c) of this 5102
section, consecutively to and prior to any prison term imposed for 5103
the underlying felony under division (A), (B)(2), or (B)(3) of 5104
this section or any other section of the Revised Code, and 5105
consecutively to any other prison term or mandatory prison term 5106
previously or subsequently imposed upon the offender.5107

       (c) If a mandatory prison term is imposed upon an offender 5108
pursuant to division (B)(1)(f) of this section, the offender shall 5109
serve the mandatory prison term so imposed consecutively to and 5110
prior to any prison term imposed for the underlying felony under 5111
division (A), (B)(2), or (B)(3) of this section or any other 5112
section of the Revised Code, and consecutively to any other prison 5113
term or mandatory prison term previously or subsequently imposed 5114
upon the offender.5115

       (d) If a mandatory prison term is imposed upon an offender 5116
pursuant to division (B)(7) or (8) of this section, the offender 5117
shall serve the mandatory prison term so imposed consecutively to 5118
any other mandatory prison term imposed under that division or 5119
under any other provision of law and consecutively to any other 5120
prison term or mandatory prison term previously or subsequently 5121
imposed upon the offender.5122

       (2) If an offender who is an inmate in a jail, prison, or 5123
other residential detention facility violates section 2917.02, 5124
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2) 5125
of section 2921.34 of the Revised Code, if an offender who is 5126
under detention at a detention facility commits a felony violation 5127
of section 2923.131 of the Revised Code, or if an offender who is 5128
an inmate in a jail, prison, or other residential detention 5129
facility or is under detention at a detention facility commits 5130
another felony while the offender is an escapee in violation of 5131
division (A)(1) or (2) of section 2921.34 of the Revised Code, any 5132
prison term imposed upon the offender for one of those violations 5133
shall be served by the offender consecutively to the prison term 5134
or term of imprisonment the offender was serving when the offender 5135
committed that offense and to any other prison term previously or 5136
subsequently imposed upon the offender.5137

       (3) If a prison term is imposed for a violation of division 5138
(B) of section 2911.01 of the Revised Code, a violation of 5139
division (A) of section 2913.02 of the Revised Code in which the 5140
stolen property is a firearm or dangerous ordnance, or a felony 5141
violation of division (B) of section 2921.331 of the Revised Code, 5142
the offender shall serve that prison term consecutively to any 5143
other prison term or mandatory prison term previously or 5144
subsequently imposed upon the offender.5145

       (4) If multiple prison terms are imposed on an offender for 5146
convictions of multiple offenses, the court may require the 5147
offender to serve the prison terms consecutively if the court 5148
finds that the consecutive service is necessary to protect the 5149
public from future crime or to punish the offender and that 5150
consecutive sentences are not disproportionate to the seriousness 5151
of the offender's conduct and to the danger the offender poses to 5152
the public, and if the court also finds any of the following:5153

       (a) The offender committed one or more of the multiple 5154
offenses while the offender was awaiting trial or sentencing, was 5155
under a sanction imposed pursuant to section 2929.16, 2929.17, or 5156
2929.18 of the Revised Code, or was under post-release control for 5157
a prior offense. 5158

       (b) At least two of the multiple offenses were committed as 5159
part of one or more courses of conduct, and the harm caused by two 5160
or more of the multiple offenses so committed was so great or 5161
unusual that no single prison term for any of the offenses 5162
committed as part of any of the courses of conduct adequately 5163
reflects the seriousness of the offender's conduct. 5164

       (c) The offender's history of criminal conduct demonstrates 5165
that consecutive sentences are necessary to protect the public 5166
from future crime by the offender. 5167

       (5) If a mandatory prison term is imposed upon an offender 5168
pursuant to division (B)(5) or (6) of this section, the offender 5169
shall serve the mandatory prison term consecutively to and prior 5170
to any prison term imposed for the underlying violation of 5171
division (A)(1) or (2) of section 2903.06 of the Revised Code 5172
pursuant to division (A) of this section or section 2929.142 of 5173
the Revised Code. If a mandatory prison term is imposed upon an 5174
offender pursuant to division (B)(5) of this section, and if a 5175
mandatory prison term also is imposed upon the offender pursuant 5176
to division (B)(6) of this section in relation to the same 5177
violation, the offender shall serve the mandatory prison term 5178
imposed pursuant to division (B)(5) of this section consecutively 5179
to and prior to the mandatory prison term imposed pursuant to 5180
division (B)(6) of this section and consecutively to and prior to 5181
any prison term imposed for the underlying violation of division 5182
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to 5183
division (A) of this section or section 2929.142 of the Revised 5184
Code.5185

       (6) When consecutive prison terms are imposed pursuant to 5186
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2) 5187
of this section, the term to be served is the aggregate of all of 5188
the terms so imposed.5189

       (D)(1) If a court imposes a prison term for a felony of the 5190
first degree, for a felony of the second degree, for a felony sex 5191
offense, or for a felony of the third degree that is not a felony 5192
sex offense and in the commission of which the offender caused or 5193
threatened to cause physical harm to a person, it shall include in 5194
the sentence a requirement that the offender be subject to a 5195
period of post-release control after the offender's release from 5196
imprisonment, in accordance with that division. If a court imposes 5197
a sentence including a prison term of a type described in this 5198
division on or after July 11, 2006, the failure of a court to 5199
include a post-release control requirement in the sentence 5200
pursuant to this division does not negate, limit, or otherwise 5201
affect the mandatory period of post-release control that is 5202
required for the offender under division (B) of section 2967.28 of 5203
the Revised Code. Section 2929.191 of the Revised Code applies if, 5204
prior to July 11, 2006, a court imposed a sentence including a 5205
prison term of a type described in this division and failed to 5206
include in the sentence pursuant to this division a statement 5207
regarding post-release control.5208

       (2) If a court imposes a prison term for a felony of the 5209
third, fourth, or fifth degree that is not subject to division 5210
(D)(1) of this section, it shall include in the sentence a 5211
requirement that the offender be subject to a period of 5212
post-release control after the offender's release from 5213
imprisonment, in accordance with that division, if the parole 5214
board determines that a period of post-release control is 5215
necessary. Section 2929.191 of the Revised Code applies if, prior 5216
to July 11, 2006, a court imposed a sentence including a prison 5217
term of a type described in this division and failed to include in 5218
the sentence pursuant to this division a statement regarding 5219
post-release control.5220

       (3) If a court imposes a prison term on or after the 5221
effective date of this amendment for a felony, it shall include in 5222
the sentence a statement notifying the offender that the offender 5223
may be eligible to earn days of credit under the circumstances 5224
specified in section 2967.193 of the Revised Code. The statement 5225
also shall notify the offender that days of credit are not 5226
automatically awarded under that section, but that they must be 5227
earned in the manner specified in that section. If a court fails 5228
to include the statement in the sentence, the failure does not 5229
affect the eligibility of the offender under section 2967.193 of 5230
the Revised Code to earn any days of credit as a deduction from 5231
the offender's stated prison term or otherwise render any part of 5232
that section or any action taken under that section void or 5233
voidable. The failure of a court to include in a sentence the 5234
statement described in this division does not constitute grounds 5235
for setting aside the offender's conviction or sentence or for 5236
granting postconviction relief to the offender.5237

       (E) The court shall impose sentence upon the offender in 5238
accordance with section 2971.03 of the Revised Code, and Chapter 5239
2971. of the Revised Code applies regarding the prison term or 5240
term of life imprisonment without parole imposed upon the offender 5241
and the service of that term of imprisonment if any of the 5242
following apply:5243

       (1) A person is convicted of or pleads guilty to a violent 5244
sex offense or a designated homicide, assault, or kidnapping 5245
offense, and, in relation to that offense, the offender is 5246
adjudicated a sexually violent predator.5247

       (2) A person is convicted of or pleads guilty to a violation 5248
of division (A)(1)(b) of section 2907.02 of the Revised Code 5249
committed on or after January 2, 2007, and either the court does 5250
not impose a sentence of life without parole when authorized 5251
pursuant to division (B) of section 2907.02 of the Revised Code, 5252
or division (B) of section 2907.02 of the Revised Code provides 5253
that the court shall not sentence the offender pursuant to section 5254