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

Ohio Senate Bill 337 (Prior Session Legislation)

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,

2151.356, 2152.02, 2152.12, 2152.121, 2152.18,

2152.26, 2152.52, 2152.56, 2152.59, 2301.27,

2301.271, 2705.031, 2907.24, 2913.02, 2921.331,

2923.122, 2925.03, 2925.04, 2925.14, 2925.38,

2929.14, 2929.19, 2929.26, 2929.41, 2947.23,

2949.08, 2951.022, 2953.08, 2953.31, 2953.32,

2953.34, 2953.36, 2961.22, 2967.191, 2967.193,

2967.26, 3119.01, 3119.05, 3123.58, 3772.10,

4301.99, 4501.02, 4503.233, 4503.234, 4507.02,

4507.164, 4509.06, 4509.101, 4510.10, 4510.11,

4510.111, 4510.16, 4510.161, 4510.17, 4510.41,

4510.54, 4513.02, 4513.021, 4513.99, 4713.07,

4713.28, 4725.44, 4725.48, 4725.52, 4725.53,

4738.04, 4738.07, 4740.05, 4740.06, 4740.10,

4747.04, 4747.05, 4747.10, 4747.12, 4749.03,

4749.04, 4749.06, 4776.04, 5111.032, 5111.033,

5111.034, 5120.07, 5149.311, 5502.011, and

5743.99, and to enact sections 2925.141, 2953.25,

4776.021, and 4776.10 of the Revised Code 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

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

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. ~~The~~Subject 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. ~~The~~Subject	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) ~~Not~~Subject 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. ~~The~~Subject to division (F) of this section, the	954
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

~~Not~~Subject 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) ~~The~~Subject to division (F) of this section, the	974
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) ~~The~~Subject to division (E) of this section, the	1177
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 ~~correctional~~alternative	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 ~~correctional~~	1460
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
~~thirty~~sixty 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 of~~six 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 ~~division~~divisions (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
~~transfer~~conviction, 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 ~~eighteen~~twenty-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) ~~Upon~~Within 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 detention~~	2345
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 detention~~confined 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
~~detention~~confined 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 ~~child~~	2543
person to the court upon request or transfer the ~~child~~person 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 ~~child~~person 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 crime~~except 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 section	2554
shall be confined in a manner that keeps the child beyond the	2555
~~range of touch~~sight 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 ~~eighteen~~twenty-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 ~~eighteen~~twenty-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 ~~eighteen~~twenty-one years of age, but	2578
the person attains ~~eighteen~~twenty-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 ~~presently~~currently 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 ~~and~~or 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) ~~Probation~~Adult 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
~~section~~September 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
~~shall~~may 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 felony	3416
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, no	4580
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-year~~mandatory 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
2971.03 of the Revised Code.	5255

(3) A person is convicted of or pleads guilty to attempted	5256
rape committed on or after January 2, 2007, and a specification of	5257
the type described in section 2941.1418, 2941.1419, or 2941.1420	5258
of the Revised Code.	5259

(4) A person is convicted of or pleads guilty to a violation	5260
of section 2905.01 of the Revised Code committed on or after	5261
January 1, 2008, and that section requires the court to sentence	5262
the offender pursuant to section 2971.03 of the Revised Code.	5263

(5) A person is convicted of or pleads guilty to aggravated	5264
murder committed on or after January 1, 2008, and division	5265
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	5266
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	5267
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	5268
2929.06 of the Revised Code requires the court to sentence the	5269
offender pursuant to division (B)(3) of section 2971.03 of the	5270
Revised Code.	5271

(6) A person is convicted of or pleads guilty to murder	5272
committed on or after January 1, 2008, and division (B)(2) of	5273
section 2929.02 of the Revised Code requires the court to sentence	5274
the offender pursuant to section 2971.03 of the Revised Code.	5275

(F) If a person who has been convicted of or pleaded guilty	5276
to a felony is sentenced to a prison term or term of imprisonment	5277
under this section, sections 2929.02 to 2929.06 of the Revised	5278
Code, section 2929.142 of the Revised Code, section 2971.03 of the	5279
Revised Code, or any other provision of law, section 5120.163 of	5280
the Revised Code applies regarding the person while the person is	5281
confined in a state correctional institution.	5282

(G) If an offender who is convicted of or pleads guilty to a	5283
felony that is an offense of violence also is convicted of or	5284
pleads guilty to a specification of the type described in section	5285
2941.142 of the Revised Code that charges the offender with having	5286
committed the felony while participating in a criminal gang, the	5287
court shall impose upon the offender an additional prison term of	5288
one, two, or three years.	5289

(H)(1) If an offender who is convicted of or pleads guilty to	5290
aggravated murder, murder, or a felony of the first, second, or	5291
third degree that is an offense of violence also is convicted of	5292
or pleads guilty to a specification of the type described in	5293
section 2941.143 of the Revised Code that charges the offender	5294
with having committed the offense in a school safety zone or	5295
towards a person in a school safety zone, the court shall impose	5296
upon the offender an additional prison term of two years. The	5297
offender shall serve the additional two years consecutively to and	5298
prior to the prison term imposed for the underlying offense.	5299

(2)(a) If an offender is convicted of or pleads guilty to a	5300
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	5301
of the Revised Code and to a specification of the type described	5302
in section 2941.1421 of the Revised Code and if the court imposes	5303
a prison term on the offender for the felony violation, the court	5304
may impose upon the offender an additional prison term as follows:	5305

(i) Subject to division (H)(2)(a)(ii) of this section, an	5306
additional prison term of one, two, three, four, five, or six	5307
months;	5308

(ii) If the offender previously has been convicted of or	5309
pleaded guilty to one or more felony or misdemeanor violations of	5310
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	5311
Revised Code and also was convicted of or pleaded guilty to a	5312
specification of the type described in section 2941.1421 of the	5313
Revised Code regarding one or more of those violations, an	5314
additional prison term of one, two, three, four, five, six, seven,	5315
eight, nine, ten, eleven, or twelve months.	5316

(b) In lieu of imposing an additional prison term under	5317
division (H)(2)(a) of this section, the court may directly impose	5318
on the offender a sanction that requires the offender to wear a	5319
real-time processing, continual tracking electronic monitoring	5320
device during the period of time specified by the court. The	5321
period of time specified by the court shall equal the duration of	5322
an additional prison term that the court could have imposed upon	5323
the offender under division (H)(2)(a) of this section. A sanction	5324
imposed under this division shall commence on the date specified	5325
by the court, provided that the sanction shall not commence until	5326
after the offender has served the prison term imposed for the	5327
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	5328
of the Revised Code and any residential sanction imposed for the	5329
violation under section 2929.16 of the Revised Code. A sanction	5330
imposed under this division shall be considered to be a community	5331
control sanction for purposes of section 2929.15 of the Revised	5332
Code, and all provisions of the Revised Code that pertain to	5333
community control sanctions shall apply to a sanction imposed	5334
under this division, except to the extent that they would by their	5335
nature be clearly inapplicable. The offender shall pay all costs	5336
associated with a sanction imposed under this division, including	5337
the cost of the use of the monitoring device.	5338

(I)~~(1)~~ At the time of sentencing, the court may recommend the	5339
offender for placement in a program of shock incarceration under	5340
section 5120.031 of the Revised Code or for placement in an	5341
intensive program prison under section 5120.032 of the Revised	5342
Code, disapprove placement of the offender in a program of shock	5343
incarceration or an intensive program prison of that nature, or	5344
make no recommendation on placement of the offender. In no case	5345
shall the department of rehabilitation and correction place the	5346
offender in a program or prison of that nature unless the	5347
department determines as specified in section 5120.031 or 5120.032	5348
of the Revised Code, whichever is applicable, that the offender is	5349
eligible for the placement.	5350

If the court disapproves placement of the offender in a	5351
program or prison of that nature, the department of rehabilitation	5352
and correction shall not place the offender in any program of	5353
shock incarceration or intensive program prison.	5354

If the court recommends placement of the offender in a	5355
program of shock incarceration or in an intensive program prison,	5356
and if the offender is subsequently placed in the recommended	5357
program or prison, the department shall notify the court of the	5358
placement and shall include with the notice a brief description of	5359
the placement.	5360

If the court recommends placement of the offender in a	5361
program of shock incarceration or in an intensive program prison	5362
and the department does not subsequently place the offender in the	5363
recommended program or prison, the department shall send a notice	5364
to the court indicating why the offender was not placed in the	5365
recommended program or prison.	5366

If the court does not make a recommendation under this	5367
division with respect to an offender and if the department	5368
determines as specified in section 5120.031 or 5120.032 of the	5369
Revised Code, whichever is applicable, that the offender is	5370
eligible for placement in a program or prison of that nature, the	5371
department shall screen the offender and determine if there is an	5372
available program of shock incarceration or an intensive program	5373
prison for which the offender is suited. If there is an available	5374
program of shock incarceration or an intensive program prison for	5375
which the offender is suited, the department shall notify the	5376
court of the proposed placement of the offender as specified in	5377
section 5120.031 or 5120.032 of the Revised Code and shall include	5378
with the notice a brief description of the placement. The court	5379
shall have ten days from receipt of the notice to disapprove the	5380
placement.	5381

~~(L)~~(J) If a person is convicted of or pleads guilty to	5382
aggravated vehicular homicide in violation of division (A)(1) of	5383
section 2903.06 of the Revised Code and division (B)(2)(c) of that	5384
section applies, the person shall be sentenced pursuant to section	5385
2929.142 of the Revised Code.	5386

Sec. 2929.19. (A) The court shall hold a sentencing hearing	5387
before imposing a sentence under this chapter upon an offender who	5388
was convicted of or pleaded guilty to a felony and before	5389
resentencing an offender who was convicted of or pleaded guilty to	5390
a felony and whose case was remanded pursuant to section 2953.07	5391
or 2953.08 of the Revised Code. At the hearing, the offender, the	5392
prosecuting attorney, the victim or the victim's representative in	5393
accordance with section 2930.14 of the Revised Code, and, with the	5394
approval of the court, any other person may present information	5395
relevant to the imposition of sentence in the case. The court	5396
shall inform the offender of the verdict of the jury or finding of	5397
the court and ask the offender whether the offender has anything	5398
to say as to why sentence should not be imposed upon the offender.	5399

(B)(1) At the sentencing hearing, the court, before imposing	5400
sentence, shall consider the record, any information presented at	5401
the hearing by any person pursuant to division (A) of this	5402
section, and, if one was prepared, the presentence investigation	5403
report made pursuant to section 2951.03 of the Revised Code or	5404
Criminal Rule 32.2, and any victim impact statement made pursuant	5405
to section 2947.051 of the Revised Code.	5406

(2) Subject to division (B)(3) of this section, if the	5407
sentencing court determines at the sentencing hearing that a	5408
prison term is necessary or required, the court shall do all of	5409
the following:	5410

(a) Impose a stated prison term and, if the court imposes a	5411
mandatory prison term, notify the offender that the prison term is	5412
a mandatory prison term;	5413

(b) In addition to any other information, include in the	5414
sentencing entry the name and section reference to the offense or	5415
offenses, the sentence or sentences imposed and whether the	5416
sentence or sentences contain mandatory prison terms, if sentences	5417
are imposed for multiple counts whether the sentences are to be	5418
served concurrently or consecutively, and the name and section	5419
reference of any specification or specifications for which	5420
sentence is imposed and the sentence or sentences imposed for the	5421
specification or specifications;	5422

(c) Notify the offender that the offender will be supervised	5423
under section 2967.28 of the Revised Code after the offender	5424
leaves prison if the offender is being sentenced for a felony of	5425
the first degree or second degree, for a felony sex offense, or	5426
for a felony of the third degree that is not a felony sex offense	5427
and in the commission of which the offender caused or threatened	5428
to cause physical harm to a person. This division applies with	5429
respect to all prison terms imposed for an offense of a type	5430
described in this division, including a term imposed for any such	5431
offense that is a risk reduction sentence, as defined in section	5432
2967.28 of the Revised Code. If a court imposes a sentence	5433
including a prison term of a type described in division (B)(2)(c)	5434
of this section on or after July 11, 2006, the failure of a court	5435
to notify the offender pursuant to division (B)(2)(c) of this	5436
section that the offender will be supervised under section 2967.28	5437
of the Revised Code after the offender leaves prison or to include	5438
in the judgment of conviction entered on the journal a statement	5439
to that effect does not negate, limit, or otherwise affect the	5440
mandatory period of supervision that is required for the offender	5441
under division (B) of section 2967.28 of the Revised Code. Section	5442
2929.191 of the Revised Code applies if, prior to July 11, 2006, a	5443
court imposed a sentence including a prison term of a type	5444
described in division (B)(2)(c) of this section and failed to	5445
notify the offender pursuant to division (B)(2)(c) of this section	5446
regarding post-release control or to include in the judgment of	5447
conviction entered on the journal or in the sentence a statement	5448
regarding post-release control.	5449

(d) Notify the offender that the offender may be supervised	5450
under section 2967.28 of the Revised Code after the offender	5451
leaves prison if the offender is being sentenced for a felony of	5452
the third, fourth, or fifth degree that is not subject to division	5453
(B)(2)(c) of this section. This division applies with respect to	5454
all prison terms imposed for an offense of a type described in	5455
this division, including a term imposed for any such offense that	5456
is a risk reduction sentence, as defined in section 2967.28 of the	5457
Revised Code. Section 2929.191 of the Revised Code applies if,	5458
prior to July 11, 2006, a court imposed a sentence including a	5459
prison term of a type described in division (B)(2)(d) of this	5460
section and failed to notify the offender pursuant to division	5461
(B)(2)(d) of this section regarding post-release control or to	5462
include in the judgment of conviction entered on the journal or in	5463
the sentence a statement regarding post-release control.	5464

(e) Notify the offender that, if a period of supervision is	5465
imposed following the offender's release from prison, as described	5466
in division (B)(2)(c) or (d) of this section, and if the offender	5467
violates that supervision or a condition of post-release control	5468
imposed under division (B) of section 2967.131 of the Revised	5469
Code, the parole board may impose a prison term, as part of the	5470
sentence, of up to one-half of the stated prison term originally	5471
imposed upon the offender. If a court imposes a sentence including	5472
a prison term on or after July 11, 2006, the failure of a court to	5473
notify the offender pursuant to division (B)(2)(e) of this section	5474
that the parole board may impose a prison term as described in	5475
division (B)(2)(e) of this section for a violation of that	5476
supervision or a condition of post-release control imposed under	5477
division (B) of section 2967.131 of the Revised Code or to include	5478
in the judgment of conviction entered on the journal a statement	5479
to that effect does not negate, limit, or otherwise affect the	5480
authority of the parole board to so impose a prison term for a	5481
violation of that nature if, pursuant to division (D)(1) of	5482
section 2967.28 of the Revised Code, the parole board notifies the	5483
offender prior to the offender's release of the board's authority	5484
to so impose a prison term. Section 2929.191 of the Revised Code	5485
applies if, prior to July 11, 2006, a court imposed a sentence	5486
including a prison term and failed to notify the offender pursuant	5487
to division (B)(2)(e) of this section regarding the possibility of	5488
the parole board imposing a prison term for a violation of	5489
supervision or a condition of post-release control.	5490

(f) Require that the offender not ingest or be injected with	5491
a drug of abuse and submit to random drug testing as provided in	5492
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	5493
is applicable to the offender who is serving a prison term, and	5494
require that the results of the drug test administered under any	5495
of those sections indicate that the offender did not ingest or was	5496
not injected with a drug of abuse.	5497

(g) ~~Include in the offender's sentence a statement notifying~~	5498
~~the offender of the information described in division (F)(3) of~~	5499
~~section 2929.14 of the Revised Code regarding earned credits under~~	5500
~~section 2967.193 of the Revised Code.~~	5501

(i) Determine, notify the offender of, and include in the	5502
sentencing entry the number of days that the offender has been	5503
confined for any reason arising out of the offense for which the	5504
offender is being sentenced and by which the department of	5505
rehabilitation and correction must reduce the stated prison term	5506
under section 2967.191 of the Revised Code. The court's	5507
calculation shall not include the number of days, if any, that the	5508
offender previously served in the custody of the department of	5509
rehabilitation and correction arising out of the offense for which	5510
the prisoner was convicted and sentenced.	5511

(ii) In making a determination under division (B)(2)(g)(i) of	5512
this section, the court shall consider the arguments of the	5513
parties and conduct a hearing if one is requested.	5514

(iii) The sentencing court retains continuing jurisdiction to	5515
correct any error not previously raised at sentencing in making a	5516
determination under division (B)(2)(g)(i) of this section. The	5517
offender may, at any time after sentencing, file a motion in the	5518
sentencing court to correct any error made in making a	5519
determination under division (B)(2)(g)(i) of this section, and the	5520
court may in its discretion grant or deny that motion. If the	5521
court changes the number of days in its determination or	5522
redetermination, the court shall cause the entry granting that	5523
change to be delivered to the department of rehabilitation and	5524
correction without delay. Sections 2931.15 and 2953.21 of the	5525
Revised Code do not apply to a motion made under this section.	5526

(iv) An inaccurate determination under division (B)(2)(g)(i)	5527
of this section is not grounds for setting aside the offender's	5528
conviction or sentence and does not otherwise render the sentence	5529
void or voidable.	5530

(3)(a) The court shall include in the offender's sentence a	5531
statement that the offender is a tier III sex	5532
offender/child-victim offender, and the court shall comply with	5533
the requirements of section 2950.03 of the Revised Code if any of	5534
the following apply:	5535

(i) The offender is being sentenced for a violent sex offense	5536
or designated homicide, assault, or kidnapping offense that the	5537
offender committed on or after January 1, 1997, and the offender	5538
is adjudicated a sexually violent predator in relation to that	5539
offense.	5540

(ii) The offender is being sentenced for a sexually oriented	5541
offense that the offender committed on or after January 1, 1997,	5542
and the offender is a tier III sex offender/child-victim offender	5543
relative to that offense.	5544

(iii) The offender is being sentenced on or after July 31,	5545
2003, for a child-victim oriented offense, and the offender is a	5546
tier III sex offender/child-victim offender relative to that	5547
offense.	5548

(iv) The offender is being sentenced under section 2971.03 of	5549
the Revised Code for a violation of division (A)(1)(b) of section	5550
2907.02 of the Revised Code committed on or after January 2, 2007.	5551

(v) The offender is sentenced to a term of life without	5552
parole under division (B) of section 2907.02 of the Revised Code.	5553

(vi) The offender is being sentenced for attempted rape	5554
committed on or after January 2, 2007, and a specification of the	5555
type described in section 2941.1418, 2941.1419, or 2941.1420 of	5556
the Revised Code.	5557

(vii) The offender is being sentenced under division	5558
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	5559
for an offense described in those divisions committed on or after	5560
January 1, 2008.	5561

(b) Additionally, if any criterion set forth in divisions	5562
(B)(3)(a)(i) to (vii) of this section is satisfied, in the	5563
circumstances described in division (E) of section 2929.14 of the	5564
Revised Code, the court shall impose sentence on the offender as	5565
described in that division.	5566

(4) If the sentencing court determines at the sentencing	5567
hearing that a community control sanction should be imposed and	5568
the court is not prohibited from imposing a community control	5569
sanction, the court shall impose a community control sanction. The	5570
court shall notify the offender that, if the conditions of the	5571
sanction are violated, if the offender commits a violation of any	5572
law, or if the offender leaves this state without the permission	5573
of the court or the offender's probation officer, the court may	5574
impose a longer time under the same sanction, may impose a more	5575
restrictive sanction, or may impose a prison term on the offender	5576
and shall indicate the specific prison term that may be imposed as	5577
a sanction for the violation, as selected by the court from the	5578
range of prison terms for the offense pursuant to section 2929.14	5579
of the Revised Code.	5580

(5) Before imposing a financial sanction under section	5581
2929.18 of the Revised Code or a fine under section 2929.32 of the	5582
Revised Code, the court shall consider the offender's present and	5583
future ability to pay the amount of the sanction or fine.	5584

(6) If the sentencing court sentences the offender to a	5585
sanction of confinement pursuant to section 2929.14 or 2929.16 of	5586
the Revised Code that is to be served in a local detention	5587
facility, as defined in section 2929.36 of the Revised Code, and	5588
if the local detention facility is covered by a policy adopted	5589
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	5590
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	5591
and section 2929.37 of the Revised Code, both of the following	5592
apply:	5593

(a) The court shall specify both of the following as part of	5594
the sentence:	5595

(i) If the offender is presented with an itemized bill	5596
pursuant to section 2929.37 of the Revised Code for payment of the	5597
costs of confinement, the offender is required to pay the bill in	5598
accordance with that section.	5599

(ii) If the offender does not dispute the bill described in	5600
division (B)(6)(a)(i) of this section and does not pay the bill by	5601
the times specified in section 2929.37 of the Revised Code, the	5602
clerk of the court may issue a certificate of judgment against the	5603
offender as described in that section.	5604

(b) The sentence automatically includes any certificate of	5605
judgment issued as described in division (B)(6)(a)(ii) of this	5606
section.	5607

(7) The failure of the court to notify the offender that a	5608
prison term is a mandatory prison term pursuant to division	5609
(B)(2)(a) of this section or to include in the sentencing entry	5610
any information required by division (B)(2)(b) of this section	5611
does not affect the validity of the imposed sentence or sentences.	5612
If the sentencing court notifies the offender at the sentencing	5613
hearing that a prison term is mandatory but the sentencing entry	5614
does not specify that the prison term is mandatory, the court may	5615
complete a corrected journal entry and send copies of the	5616
corrected entry to the offender and the department of	5617
rehabilitation and correction, or, at the request of the state,	5618
the court shall complete a corrected journal entry and send copies	5619
of the corrected entry to the offender and department of	5620
rehabilitation and correction.	5621

(C)(1) If the offender is being sentenced for a fourth degree	5622
felony OVI offense under division (G)(1) of section 2929.13 of the	5623
Revised Code, the court shall impose the mandatory term of local	5624
incarceration in accordance with that division, shall impose a	5625
mandatory fine in accordance with division (B)(3) of section	5626
2929.18 of the Revised Code, and, in addition, may impose	5627
additional sanctions as specified in sections 2929.15, 2929.16,	5628
2929.17, and 2929.18 of the Revised Code. The court shall not	5629
impose a prison term on the offender except that the court may	5630
impose a prison term upon the offender as provided in division	5631
(A)(1) of section 2929.13 of the Revised Code.	5632

(2) If the offender is being sentenced for a third or fourth	5633
degree felony OVI offense under division (G)(2) of section 2929.13	5634
of the Revised Code, the court shall impose the mandatory prison	5635
term in accordance with that division, shall impose a mandatory	5636
fine in accordance with division (B)(3) of section 2929.18 of the	5637
Revised Code, and, in addition, may impose an additional prison	5638
term as specified in section 2929.14 of the Revised Code. In	5639
addition to the mandatory prison term or mandatory prison term and	5640
additional prison term the court imposes, the court also may	5641
impose a community control sanction on the offender, but the	5642
offender shall serve all of the prison terms so imposed prior to	5643
serving the community control sanction.	5644

(D) The sentencing court, pursuant to division (I)(1) of	5645
section 2929.14 of the Revised Code, may recommend placement of	5646
the offender in a program of shock incarceration under section	5647
5120.031 of the Revised Code or an intensive program prison under	5648
section 5120.032 of the Revised Code, disapprove placement of the	5649
offender in a program or prison of that nature, or make no	5650
recommendation. If the court recommends or disapproves placement,	5651
it shall make a finding that gives its reasons for its	5652
recommendation or disapproval.	5653

Sec. 2929.26. (A) Except when a mandatory jail term is	5654
required by law, the court imposing a sentence for a misdemeanor,	5655
other than a minor misdemeanor, may impose upon the offender any	5656
community residential sanction or combination of community	5657
residential sanctions under this section. Community residential	5658
sanctions include, but are not limited to, the following:	5659

(1) A term of up to one hundred eighty days in a halfway	5660
house or a term in a halfway house not to exceed the longest jail	5661
term available for the offense, whichever is shorter, if the	5662
political subdivision that would have responsibility for paying	5663
the costs of confining the offender in a jail has entered into a	5664
contract with the halfway house for use of the facility for	5665
misdemeanor offenders;	5666

(2) ~~A term of up to one hundred eighty days in an alternative~~	5667
~~residential facility or a term in an alternative residential~~	5668
~~facility not to exceed the longest jail term available for the~~	5669
~~offense, whichever is shorter. The court may specify the level of~~	5670
~~security in the alternative residential facility that is needed~~	5671
~~for the offender.~~	5672

~~(3)~~ If the offender is an eligible offender, as defined in	5673
section 307.932 of the Revised Code, a term of up to sixty days in	5674
a community alternative sentencing center or district community	5675
alternative sentencing center established and operated in	5676
accordance with that section, in the circumstances specified in	5677
that section, with one of the conditions of the sanction being	5678
that the offender complete in the center the entire term imposed.	5679

(B) A sentence to a community residential sanction under	5680
division (A)(3) of this section shall be in accordance with	5681
section 307.932 of the Revised Code. In all other cases, the court	5682
that sentences an offender to a community residential sanction	5683
under this section may do either or both of the following:	5684

(1) Permit the offender to serve the offender's sentence in	5685
intermittent confinement, overnight, on weekends or at any other	5686
time or times that will allow the offender to continue at the	5687
offender's occupation or care for the offender's family;	5688

(2) Authorize the offender to be released so that the	5689
offender may seek or maintain employment, receive education or	5690
training, receive treatment, perform community service, or	5691
otherwise fulfill an obligation imposed by law or by the court. A	5692
release pursuant to this division shall be only for the duration	5693
of time that is needed to fulfill the purpose of the release and	5694
for travel that reasonably is necessary to fulfill the purposes of	5695
the release.	5696

(C) The court may order that a reasonable portion of the	5697
income earned by the offender upon a release pursuant to division	5698
(B) of this section be applied to any financial sanction imposed	5699
under section 2929.28 of the Revised Code.	5700

(D) No court shall sentence any person to a prison term for a	5701
misdemeanor or minor misdemeanor or to a jail term for a minor	5702
misdemeanor.	5703

(E) If a court sentences a person who has been convicted of	5704
or pleaded guilty to a misdemeanor to a community residential	5705
sanction as described in division (A) of this section, at the time	5706
of reception and at other times the person in charge of the	5707
operation of the halfway house, ~~alternative residential facility,~~	5708
community alternative sentencing center, district community	5709
alternative sentencing center, or other place at which the	5710
offender will serve the residential sanction determines to be	5711
appropriate, the person in charge of the operation of the halfway	5712
house, ~~alternative residential facility,~~ community alternative	5713
sentencing center, district community alternative sentencing	5714
center, or other place may cause the convicted offender to be	5715
examined and tested for tuberculosis, HIV infection, hepatitis,	5716
including, but not limited to, hepatitis A, B, and C, and other	5717
contagious diseases. The person in charge of the operation of the	5718
halfway house, ~~alternative residential facility,~~ community	5719
alternative sentencing center, district community alternative	5720
sentencing center, or other place at which the offender will serve	5721
the residential sanction may cause a convicted offender in the	5722
halfway house, ~~alternative residential facility,~~ community	5723
alternative sentencing center, district community alternative	5724
sentencing center, or other place who refuses to be tested or	5725
treated for tuberculosis, HIV infection, hepatitis, including, but	5726
not limited to, hepatitis A, B, and C, or another contagious	5727
disease to be tested and treated involuntarily.	5728

(F) A political subdivision may enter into a contract with a	5729
halfway house for use of the halfway house to house misdemeanor	5730
offenders under a sanction imposed under division (A)(1) of this	5731
section.	5732

Sec. 2929.41. (A) Except as provided in division (B) of this	5733
section, division ~~(E)~~(C) of section 2929.14, or division (D) or	5734
(E) of section 2971.03 of the Revised Code, a prison term, jail	5735
term, or sentence of imprisonment shall be served concurrently	5736
with any other prison term, jail term, or sentence of imprisonment	5737
imposed by a court of this state, another state, or the United	5738
States. Except as provided in division (B)(3) of this section, a	5739
jail term or sentence of imprisonment for misdemeanor shall be	5740
served concurrently with a prison term or sentence of imprisonment	5741
for felony served in a state or federal correctional institution.	5742

(B)(1) A jail term or sentence of imprisonment for a	5743
misdemeanor shall be served consecutively to any other prison	5744
term, jail term, or sentence of imprisonment when the trial court	5745
specifies that it is to be served consecutively or when it is	5746
imposed for a misdemeanor violation of section 2907.322, 2921.34,	5747
or 2923.131 of the Revised Code.	5748

When consecutive sentences are imposed for misdemeanor under	5749
this division, the term to be served is the aggregate of the	5750
consecutive terms imposed, except that the aggregate term to be	5751
served shall not exceed eighteen months.	5752

(2) If a court of this state imposes a prison term upon the	5753
offender for the commission of a felony and a court of another	5754
state or the United States also has imposed a prison term upon the	5755
offender for the commission of a felony, the court of this state	5756
may order that the offender serve the prison term it imposes	5757
consecutively to any prison term imposed upon the offender by the	5758
court of another state or the United States.	5759

(3) A jail term or sentence of imprisonment imposed for a	5760
misdemeanor violation of section 4510.11, 4510.14, 4510.16,	5761
4510.21, or 4511.19 of the Revised Code shall be served	5762
consecutively to a prison term that is imposed for a felony	5763
violation of section 2903.06, 2903.07, 2903.08, or 4511.19 of the	5764
Revised Code or a felony violation of section 2903.04 of the	5765
Revised Code involving the operation of a motor vehicle by the	5766
offender and that is served in a state correctional institution	5767
when the trial court specifies that it is to be served	5768
consecutively.	5769

When consecutive jail terms or sentences of imprisonment and	5770
prison terms are imposed for one or more misdemeanors and one or	5771
more felonies under this division, the term to be served is the	5772
aggregate of the consecutive terms imposed, and the offender shall	5773
serve all terms imposed for a felony before serving any term	5774
imposed for a misdemeanor.	5775

Sec. 2947.23. (A)(1)(a) In all criminal cases, including	5776
violations of ordinances, the judge or magistrate shall include in	5777
the sentence the costs of prosecution, including any costs under	5778
section 2947.231 of the Revised Code, and render a judgment	5779
against the defendant for such costs. At the time the judge or	5780
magistrate imposes sentence, the judge or magistrate shall notify	5781
the defendant of both of the following:	5782

~~(a)~~(i) If the defendant fails to pay that judgment or fails	5783
to timely make payments towards that judgment under a payment	5784
schedule approved by the court, the court may order the defendant	5785
to perform community service in an amount of not more than forty	5786
hours per month until the judgment is paid or until the court is	5787
satisfied that the defendant is in compliance with the approved	5788
payment schedule.	5789

~~(b)~~(ii) If the court orders the defendant to perform the	5790
community service, the defendant will receive credit upon the	5791
judgment at the specified hourly credit rate per hour of community	5792
service performed, and each hour of community service performed	5793
will reduce the judgment by that amount.	5794

(b) The failure of a judge or magistrate to notify the	5795
defendant pursuant to division (A)(1)(a) of this section does not	5796
negate or limit the authority of the court to order the defendant	5797
to perform community service if the defendant fails to pay the	5798
judgment described in that division or to timely make payments	5799
toward that judgment under an approved payment plan.	5800

(2) The following shall apply in all criminal cases:

5801

(a) If a jury has been sworn at the trial of a case, the fees	5802
of the jurors shall be included in the costs, which shall be paid	5803
to the public treasury from which the jurors were paid.	5804

(b) If a jury has not been sworn at the trial of a case	5805
because of a defendant's failure to appear without good cause, the	5806
costs incurred in summoning jurors for that particular trial may	5807
be included in the costs of prosecution. If the costs incurred in	5808
summoning jurors are assessed against the defendant, those costs	5809
shall be paid to the public treasury from which the jurors were	5810
paid.	5811

(B) If a judge or magistrate has reason to believe that a	5812
defendant has failed to pay the judgment described in division (A)	5813
of this section or has failed to timely make payments towards that	5814
judgment under a payment schedule approved by the judge or	5815
magistrate, the judge or magistrate shall hold a hearing to	5816
determine whether to order the offender to perform community	5817
service for that failure. The judge or magistrate shall notify	5818
both the defendant and the prosecuting attorney of the place,	5819
time, and date of the hearing and shall give each an opportunity	5820
to present evidence. If, after the hearing, the judge or	5821
magistrate determines that the defendant has failed to pay the	5822
judgment or to timely make payments under the payment schedule and	5823
that imposition of community service for the failure is	5824
appropriate, the judge or magistrate may order the offender to	5825
perform community service in an amount of not more than forty	5826
hours per month until the judgment is paid or until the judge or	5827
magistrate is satisfied that the offender is in compliance with	5828
the approved payment schedule. If the judge or magistrate orders	5829
the defendant to perform community service under this division,	5830
the defendant shall receive credit upon the judgment at the	5831
specified hourly credit rate per hour of community service	5832
performed, and each hour of community service performed shall	5833
reduce the judgment by that amount. Except for the credit and	5834
reduction provided in this division, ordering an offender to	5835
perform community service under this division does not lessen the	5836
amount of the judgment and does not preclude the state from taking	5837
any other action to execute the judgment.	5838

(C) As used in this section, "specified hourly credit rate"	5839
means the wage rate that is specified in 26 U.S.C.A. 206(a)(1)	5840
under the federal Fair Labor Standards Act of 1938, that then is	5841
in effect, and that an employer subject to that provision must pay	5842
per hour to each of the employer's employees who is subject to	5843
that provision.	5844

Sec. 2949.08. (A) When a person who is convicted of or	5845
pleads guilty to a felony is sentenced to a community residential	5846
sanction in a community-based correctional facility pursuant to	5847
section 2929.16 of the Revised Code or when a person who is	5848
convicted of or pleads guilty to a felony or a misdemeanor is	5849
sentenced to a term of imprisonment in a jail, the judge or	5850
magistrate shall order the person into the custody of the sheriff	5851
or constable, and the sheriff or constable shall deliver the	5852
person with the record of the person's conviction to the jailer,	5853
administrator, or keeper, in whose custody the person shall remain	5854
until the term of imprisonment expires or the person is otherwise	5855
legally discharged.	5856

(B) The record of the person's conviction shall specify the	5857
total number of days, if any, that the person was confined for any	5858
reason arising out of the offense for which the person was	5859
convicted and sentenced prior to delivery to the jailer,	5860
administrator, or keeper under this section. The record shall be	5861
used to determine any reduction of sentence under division (C) of	5862
this section.	5863

(C)(1) If the person is sentenced to a jail for a felony or a	5864
misdemeanor, the jailer in charge of a jail shall reduce the	5865
sentence of a person delivered into the jailer's custody pursuant	5866
to division (A) of this section by the total number of days the	5867
person was confined for any reason arising out of the offense for	5868
which the person was convicted and sentenced, including	5869
confinement in lieu of bail while awaiting trial, confinement for	5870
examination to determine the person's competence to stand trial or	5871
to determine sanity, ~~and~~ confinement while awaiting transportation	5872
to the place where the person is to serve the sentence, and	5873
confinement in a juvenile facility.	5874

(2) If the person is sentenced to a community-based	5875
correctional facility for a felony, the total amount of time that	5876
a person shall be confined in a community-based correctional	5877
facility, in a jail, and for any reason arising out of the offense	5878
for which the person was convicted and sentenced prior to delivery	5879
to the jailer, administrator, or keeper shall not exceed the	5880
maximum prison term available for that offense. Any term in a jail	5881
shall be reduced first pursuant to division (C)(1) of this section	5882
by the total number of days the person was confined prior to	5883
delivery to the jailer, administrator, or keeper. Only after the	5884
term in a jail has been entirely reduced may the term in a	5885
community-based correctional facility be reduced pursuant to this	5886
division. This division does not affect the limitations placed on	5887
the duration of a term in a jail or a community-based correctional	5888
facility under divisions (A)(1), (2), and (3) of section 2929.16	5889
of the Revised Code.	5890

(D) For purposes of divisions (B) and (C) of this section, a	5891
person shall be considered to have been confined for a day if the	5892
person was confined for any period or periods of time totaling	5893
more than eight hours during that day.	5894

(E) As used in this section, "community-based correctional	5895
facility" and "jail" have the same meanings as in section 2929.01	5896
of the Revised Code.	5897

Sec. 2951.022. (A) As used in this section:

5898

(1) "Concurrent supervision offender" means any offender who	5899
has been sentenced to community control for one or more	5900
misdemeanor violations or has been placed under a community	5901
control sanction pursuant to section 2929.16, 2929.17, 2929.18, or	5902
2929.20 of the Revised Code and who is simultaneously subject to	5903
supervision by any of the following:	5904

(a) Two or more municipal courts or county courts in this	5905
state;	5906

(b) Two or more courts of common pleas in this state;

5907

(c) One or more courts of common pleas in this state and one	5908
or more municipal courts or county courts in this state.	5909

"Concurrent supervision offender" does not include a parolee	5910
or releasee.	5911

(2) "Parolee" and "releasee" have the same meanings as in	5912
section 2967.01 of the Revised Code.	5913

(B)(1) Except as otherwise provided in divisions (B)(2), (3),	5914
and (4) of this section, a concurrent supervision offender shall	5915
be supervised by the court of conviction that imposed the longest	5916
possible sentence of incarceration and shall not be supervised by	5917
any other court.	5918

(2) In the case of a concurrent supervision offender subject	5919
to supervision by two or more municipal or county courts in the	5920
same county, the municipal or county court in the territorial	5921
jurisdiction in which the offender resides shall supervise the	5922
offender. In the case of a concurrent supervision offender subject	5923
to supervision by a municipal court or county court and a court of	5924
common pleas for two or more equal possible sentences, the	5925
municipal or county court shall supervise the offender. In the	5926
case of a concurrent supervision offender subject to supervision	5927
by two or more courts of common pleas in separate counties in this	5928
state, the court that lies within the same territorial	5929
jurisdiction in which the offender resides shall supervise the	5930
offender.	5931

(3) Separate courts within the same county may enter into an	5932
agreement or adopt local rules of procedure specifying, generally,	5933
that concurrent supervision offenders will be supervised in a	5934
manner other than that provided for in divisions (B)(1) and (2) of	5935
this section. The judges of the various courts of this state	5936
having authority to supervise a concurrent supervision offender	5937
may by local rule authorize the chief probation officer of that	5938
court to manage concurrent supervision offenders under such terms	5939
and guidelines as are consistent with division (C) of this	5940
section.	5941

(4)(a) The judges of the various courts of this state having	5942
jurisdiction over a concurrent supervision offender may agree by	5943
journal entry to transfer jurisdiction over a concurrent	5944
supervision offender from one court to another court in any manner	5945
the courts consider appropriate, if the offender is supervised by	5946
only a single supervising authority at all times. An agreement to	5947
transfer supervision of an offender under division (B)(4)(a) of	5948
this section shall not take effect until approved by every court	5949
having authority to supervise the offender and may provide for the	5950
transfer of supervision to the offender's jurisdiction of	5951
residence whether or not the offender was subject to supervision	5952
in that jurisdiction prior to transfer. In the case of a	5953
subsequent conviction in a court other than the supervising court,	5954
the supervising court may agree to accept a transfer of	5955
jurisdiction from the court of conviction prior to sentencing and	5956
proceed to sentence the offender according to law.	5957

(b) If the judges of the various courts of this state having	5958
authority to supervise a concurrent supervision offender cannot	5959
reach agreement with respect to the supervision of the offender,	5960
the offender may be subject to concurrent supervision in the	5961
interest of justice upon the courts' consideration of the	5962
provisions set forth in division (C) of this section.	5963

(C) In determining whether a court maintains authority to	5964
supervise an offender or transfers authority to supervise the	5965
offender pursuant to division (B)(3) or (4) of this section, the	5966
court shall consider all of the following:	5967

(1) The safety of the community;

5968

(2) The risk that the offender might reoffend;

5969

(3) The nature of the offenses committed by the offender;

5970

(4) The likelihood that the offender will remain in the	5971
jurisdiction;	5972

(5) The ability of the offender to travel to and from the	5973
offender's residence and place of employment or school to the	5974
offices of the supervising authority;	5975

(6) The resources for residential and nonresidential	5976
sanctions or rehabilitative treatment available to the various	5977
courts having supervising authority;	5978

(7) Any other factors consistent with the purposes of	5979
sentencing.	5980

(D) The court having sole authority over a concurrent	5981
supervision offender pursuant to this section shall have complete	5982
authority for enforcement of any financial obligations imposed by	5983
any other court, shall set a payment schedule consistent with the	5984
offender's ability to pay, and shall cause payments of the	5985
offender's financial obligations to be directed to the sentencing	5986
court in proportion to the total amounts ordered by all sentencing	5987
courts, or as otherwise agreed by the sentencing courts. Financial	5988
obligations include financial sanctions imposed pursuant to	5989
sections 2929.18 and 2929.28 of the Revised Code, court costs, and	5990
any other financial order or fee imposed by a sentencing court. A	5991
supervision fee may be charged only by the agency providing	5992
supervision of the case.	5993

(E) Unless the local residential sanction is suspended, the	5994
offender shall complete any local residential sanction before	5995
jurisdiction is transferred in accordance with this section. The	5996
supervising court shall respect all conditions of supervision	5997
established by a sentencing court, but any conflicting or	5998
inconsistent order of the supervising court shall supersede any	5999
other order of a sentencing court. In the case of a concurrent	6000
supervision offender, the supervising court shall determine when	6001
supervision will be terminated but shall not terminate supervision	6002
until all financial obligations are paid or otherwise resolved.	6003
Any unpaid financial obligation is a judgment in favor of the	6004
state or a political subdivision in which the court that imposed	6005
the financial sanction is located, and the offender subject to the	6006
financial sanction is the judgment debtor pursuant to sections	6007
2929.18 and 2929.28 of the Revised Code.	6008

(F) The adult parole authority and one or more courts may	6009
enter into an agreement whereby a releasee or parolee who is	6010
simultaneously under the supervision of the adult parole authority	6011
and the court or courts is supervised exclusively by either the	6012
authority or a court.	6013

Sec. 2953.08. (A) In addition to any other right to appeal	6014
and except as provided in division (D) of this section, a	6015
defendant who is convicted of or pleads guilty to a felony may	6016
appeal as a matter of right the sentence imposed upon the	6017
defendant on one of the following grounds:	6018

(1) The sentence consisted of or included the maximum prison	6019
term allowed for the offense by division (A) of section 2929.14 or	6020
section 2929.142 of the Revised Code, the maximum prison term was	6021
not required for the offense pursuant to Chapter 2925. or any	6022
other provision of the Revised Code, and the court imposed the	6023
sentence under one of the following circumstances:	6024

(a) The sentence was imposed for only one offense.

6025

(b) The sentence was imposed for two or more offenses arising	6026
out of a single incident, and the court imposed the maximum prison	6027
term for the offense of the highest degree.	6028

(2) The sentence consisted of or included a prison term, the	6029
offense for which it was imposed is a felony of the fourth or	6030
fifth degree or is a felony drug offense that is a violation of a	6031
provision of Chapter 2925. of the Revised Code and that is	6032
specified as being subject to division (B) of section 2929.13 of	6033
the Revised Code for purposes of sentencing, and the court did not	6034
specify at sentencing that it found one or more factors specified	6035
in divisions (B)~~(1)~~(2)(a) to (i) of section 2929.13 of the Revised	6036
Code to apply relative to the defendant. If the court specifies	6037
that it found one or more of those factors to apply relative to	6038
the defendant, the defendant is not entitled under this division	6039
to appeal as a matter of right the sentence imposed upon the	6040
offender.	6041

(3) The person was convicted of or pleaded guilty to a	6042
violent sex offense or a designated homicide, assault, or	6043
kidnapping offense, was adjudicated a sexually violent predator in	6044
relation to that offense, and was sentenced pursuant to division	6045
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	6046
of the indefinite term imposed pursuant to division (A)(3) of	6047
section 2971.03 of the Revised Code is the longest term available	6048
for the offense from among the range of terms listed in section	6049
2929.14 of the Revised Code. As used in this division, "designated	6050
homicide, assault, or kidnapping offense" and "violent sex	6051
offense" have the same meanings as in section 2971.01 of the	6052
Revised Code. As used in this division, "adjudicated a sexually	6053
violent predator" has the same meaning as in section 2929.01 of	6054
the Revised Code, and a person is "adjudicated a sexually violent	6055
predator" in the same manner and the same circumstances as are	6056
described in that section.	6057

(4) The sentence is contrary to law.

6058

(5) The sentence consisted of an additional prison term of	6059
ten years imposed pursuant to division (B)(2)(a) of section	6060
2929.14 of the Revised Code.	6061

(B) In addition to any other right to appeal and except as	6062
provided in division (D) of this section, a prosecuting attorney,	6063
a city director of law, village solicitor, or similar chief legal	6064
officer of a municipal corporation, or the attorney general, if	6065
one of those persons prosecuted the case, may appeal as a matter	6066
of right a sentence imposed upon a defendant who is convicted of	6067
or pleads guilty to a felony or, in the circumstances described in	6068
division (B)(3) of this section the modification of a sentence	6069
imposed upon such a defendant, on any of the following grounds:	6070

(1) The sentence did not include a prison term despite a	6071
presumption favoring a prison term for the offense for which it	6072
was imposed, as set forth in section 2929.13 or Chapter 2925. of	6073
the Revised Code.	6074

(2) The sentence is contrary to law.

6075

(3) The sentence is a modification under section 2929.20 of	6076
the Revised Code of a sentence that was imposed for a felony of	6077
the first or second degree.	6078

(C)(1) In addition to the right to appeal a sentence granted	6079
under division (A) or (B) of this section, a defendant who is	6080
convicted of or pleads guilty to a felony may seek leave to appeal	6081
a sentence imposed upon the defendant on the basis that the	6082
sentencing judge has imposed consecutive sentences under division	6083
(C)(3) of section 2929.14 of the Revised Code and that the	6084
consecutive sentences exceed the maximum prison term allowed by	6085
division (A) of that section for the most serious offense of which	6086
the defendant was convicted. Upon the filing of a motion under	6087
this division, the court of appeals may grant leave to appeal the	6088
sentence if the court determines that the allegation included as	6089
the basis of the motion is true.	6090

(2) A defendant may seek leave to appeal an additional	6091
sentence imposed upon the defendant pursuant to division (B)(2)(a)	6092
or (b) of section 2929.14 of the Revised Code if the additional	6093
sentence is for a definite prison term that is longer than five	6094
years.	6095

(D)(1) A sentence imposed upon a defendant is not subject to	6096
review under this section if the sentence is authorized by law,	6097
has been recommended jointly by the defendant and the prosecution	6098
in the case, and is imposed by a sentencing judge.	6099

(2) Except as provided in division (C)(2) of this section, a	6100
sentence imposed upon a defendant is not subject to review under	6101
this section if the sentence is imposed pursuant to division	6102
(B)(2)(b) of section 2929.14 of the Revised Code. Except as	6103
otherwise provided in this division, a defendant retains all	6104
rights to appeal as provided under this chapter or any other	6105
provision of the Revised Code. A defendant has the right to appeal	6106
under this chapter or any other provision of the Revised Code the	6107
court's application of division (B)(2)(c) of section 2929.14 of	6108
the Revised Code.	6109

(3) A sentence imposed for aggravated murder or murder	6110
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not	6111
subject to review under this section.	6112

(E) A defendant, prosecuting attorney, city director of law,	6113
village solicitor, or chief municipal legal officer shall file an	6114
appeal of a sentence under this section to a court of appeals	6115
within the time limits specified in Rule 4(B) of the Rules of	6116
Appellate Procedure, provided that if the appeal is pursuant to	6117
division (B)(3) of this section, the time limits specified in that	6118
rule shall not commence running until the court grants the motion	6119
that makes the sentence modification in question. A sentence	6120
appeal under this section shall be consolidated with any other	6121
appeal in the case. If no other appeal is filed, the court of	6122
appeals may review only the portions of the trial record that	6123
pertain to sentencing.	6124

(F) On the appeal of a sentence under this section, the	6125
record to be reviewed shall include all of the following, as	6126
applicable:	6127

(1) Any presentence, psychiatric, or other investigative	6128
report that was submitted to the court in writing before the	6129
sentence was imposed. An appellate court that reviews a	6130
presentence investigation report prepared pursuant to section	6131
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	6132
connection with the appeal of a sentence under this section shall	6133
comply with division (D)(3) of section 2951.03 of the Revised Code	6134
when the appellate court is not using the presentence	6135
investigation report, and the appellate court's use of a	6136
presentence investigation report of that nature in connection with	6137
the appeal of a sentence under this section does not affect the	6138
otherwise confidential character of the contents of that report as	6139
described in division (D)(1) of section 2951.03 of the Revised	6140
Code and does not cause that report to become a public record, as	6141
defined in section 149.43 of the Revised Code, following the	6142
appellate court's use of the report.	6143

(2) The trial record in the case in which the sentence was	6144
imposed;	6145

(3) Any oral or written statements made to or by the court at	6146
the sentencing hearing at which the sentence was imposed;	6147

(4) Any written findings that the court was required to make	6148
in connection with the modification of the sentence pursuant to a	6149
judicial release under division (I) of section 2929.20 of the	6150
Revised Code.	6151

(G)(1) If the sentencing court was required to make the	6152
findings required by division (B) or (D) of section 2929.13 or	6153
division (I) of section 2929.20 of the Revised Code, or to state	6154
the findings of the trier of fact required by division (B)(2)(e)	6155
of section 2929.14 of the Revised Code, relative to the imposition	6156
or modification of the sentence, and if the sentencing court	6157
failed to state the required findings on the record, the court	6158
hearing an appeal under division (A), (B), or (C) of this section	6159
shall remand the case to the sentencing court and instruct the	6160
sentencing court to state, on the record, the required findings.	6161

(2) The court hearing an appeal under division (A), (B), or	6162
(C) of this section shall review the record, including the	6163
findings underlying the sentence or modification given by the	6164
sentencing court.	6165

The appellate court may increase, reduce, or otherwise modify	6166
a sentence that is appealed under this section or may vacate the	6167
sentence and remand the matter to the sentencing court for	6168
resentencing. The appellate court's standard for review is not	6169
whether the sentencing court abused its discretion. The appellate	6170
court may take any action authorized by this division if it	6171
clearly and convincingly finds either of the following:	6172

(a) That the record does not support the sentencing court's	6173
findings under division (B) or (D) of section 2929.13, division	6174
(B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section	6175
2929.20 of the Revised Code, whichever, if any, is relevant;	6176

(b) That the sentence is otherwise contrary to law.

6177

(H) A judgment or final order of a court of appeals under	6178
this section may be appealed, by leave of court, to the supreme	6179
court.	6180

(I)(1) There is hereby established the felony sentence appeal	6181
cost oversight committee, consisting of eight members. One member	6182
shall be the chief justice of the supreme court or a	6183
representative of the court designated by the chief justice, one	6184
member shall be a member of the senate appointed by the president	6185
of the senate, one member shall be a member of the house of	6186
representatives appointed by the speaker of the house of	6187
representatives, one member shall be the director of budget and	6188
management or a representative of the office of budget and	6189
management designated by the director, one member shall be a judge	6190
of a court of appeals, court of common pleas, municipal court, or	6191
county court appointed by the chief justice of the supreme court,	6192
one member shall be the state public defender or a representative	6193
of the office of the state public defender designated by the state	6194
public defender, one member shall be a prosecuting attorney	6195
appointed by the Ohio prosecuting attorneys association, and one	6196
member shall be a county commissioner appointed by the county	6197
commissioners association of Ohio. No more than three of the	6198
appointed members of the committee may be members of the same	6199
political party.	6200

The president of the senate, the speaker of the house of	6201
representatives, the chief justice of the supreme court, the Ohio	6202
prosecuting attorneys association, and the county commissioners	6203
association of Ohio shall make the initial appointments to the	6204
committee of the appointed members no later than ninety days after	6205
July 1, 1996. Of those initial appointments to the committee, the	6206
members appointed by the speaker of the house of representatives	6207
and the Ohio prosecuting attorneys association shall serve a term	6208
ending two years after July 1, 1996, the member appointed by the	6209
chief justice of the supreme court shall serve a term ending three	6210
years after July 1, 1996, and the members appointed by the	6211
president of the senate and the county commissioners association	6212
of Ohio shall serve terms ending four years after July 1, 1996.	6213
Thereafter, terms of office of the appointed members shall be for	6214
four years, with each term ending on the same day of the same	6215
month as did the term that it succeeds. Members may be	6216
reappointed. Vacancies shall be filled in the same manner provided	6217
for original appointments. A member appointed to fill a vacancy	6218
occurring prior to the expiration of the term for which that	6219
member's predecessor was appointed shall hold office as a member	6220
for the remainder of the predecessor's term. An appointed member	6221
shall continue in office subsequent to the expiration date of that	6222
member's term until that member's successor takes office or until	6223
a period of sixty days has elapsed, whichever occurs first.	6224

If the chief justice of the supreme court, the director of	6225
the office of budget and management, or the state public defender	6226
serves as a member of the committee, that person's term of office	6227
as a member shall continue for as long as that person holds office	6228
as chief justice, director of the office of budget and management,	6229
or state public defender. If the chief justice of the supreme	6230
court designates a representative of the court to serve as a	6231
member, the director of budget and management designates a	6232
representative of the office of budget and management to serve as	6233
a member, or the state public defender designates a representative	6234
of the office of the state public defender to serve as a member,	6235
the person so designated shall serve as a member of the commission	6236
for as long as the official who made the designation holds office	6237
as chief justice, director of the office of budget and management,	6238
or state public defender or until that official revokes the	6239
designation.	6240

The chief justice of the supreme court or the representative	6241
of the supreme court appointed by the chief justice shall serve as	6242
chairperson of the committee. The committee shall meet within two	6243
weeks after all appointed members have been appointed and shall	6244
organize as necessary. Thereafter, the committee shall meet at	6245
least once every six months or more often upon the call of the	6246
chairperson or the written request of three or more members,	6247
provided that the committee shall not meet unless moneys have been	6248
appropriated to the judiciary budget administered by the supreme	6249
court specifically for the purpose of providing financial	6250
assistance to counties under division (I)(2) of this section and	6251
the moneys so appropriated then are available for that purpose.	6252

The members of the committee shall serve without	6253
compensation, but, if moneys have been appropriated to the	6254
judiciary budget administered by the supreme court specifically	6255
for the purpose of providing financial assistance to counties	6256
under division (I)(2) of this section, each member shall be	6257
reimbursed out of the moneys so appropriated that then are	6258
available for actual and necessary expenses incurred in the	6259
performance of official duties as a committee member.	6260

(2) The state criminal sentencing commission periodically	6261
shall provide to the felony sentence appeal cost oversight	6262
committee all data the commission collects pursuant to division	6263
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the	6264
data from the state criminal sentencing commission, the felony	6265
sentence appeal cost oversight committee periodically shall review	6266
the data; determine whether any money has been appropriated to the	6267
judiciary budget administered by the supreme court specifically	6268
for the purpose of providing state financial assistance to	6269
counties in accordance with this division for the increase in	6270
expenses the counties experience as a result of the felony	6271
sentence appeal provisions set forth in this section or as a	6272
result of a postconviction relief proceeding brought under	6273
division (A)(2) of section 2953.21 of the Revised Code or an	6274
appeal of a judgment in that proceeding; if it determines that any	6275
money has been so appropriated, determine the total amount of	6276
moneys that have been so appropriated specifically for that	6277
purpose and that then are available for that purpose; and develop	6278
a recommended method of distributing those moneys to the counties.	6279
The committee shall send a copy of its recommendation to the	6280
supreme court. Upon receipt of the committee's recommendation, the	6281
supreme court shall distribute to the counties, based upon that	6282
recommendation, the moneys that have been so appropriated	6283
specifically for the purpose of providing state financial	6284
assistance to counties under this division and that then are	6285
available for that purpose.	6286

Sec. 2953.25. (A) As used in this section:

6287

(1) "Collateral sanction" means a penalty, disability, or	6288
disadvantage that is related to employment or occupational	6289
licensing, however denominated, as a result of the individual's	6290
conviction of or plea of guilty to an offense and that applies by	6291
operation of law in this state whether or not the penalty,	6292
disability, or disadvantage is included in the sentence or	6293
judgment imposed.	6294

"Collateral sanction" does not include imprisonment,	6295
probation, parole, supervised release, forfeiture, restitution,	6296
fine, assessment, or costs of prosecution.	6297

(2) "Decision-maker" includes, but is not limited to, the	6298
state acting through a department, agency, board, commission, or	6299
instrumentality established by the law of this state for the	6300
exercise of any function of government, a political subdivision,	6301
an educational institution, or a government contractor or	6302
subcontractor made subject to this section by contract, law, or	6303
ordinance.	6304

(3) "Department-funded program" means a residential or	6305
nonresidential program that is not a term in a state correctional	6306
institution, that is funded in whole or part by the department of	6307
rehabilitation and correction, and that is imposed as a sanction	6308
for an offense, as part of a sanction that is imposed for an	6309
offense, or as a term or condition of any sanction that is imposed	6310
for an offense.	6311

(4) "Designee" means the person designated by the deputy	6312
director of the division of parole and community services to	6313
perform the duties designated in division (B) of this section.	6314

(5) "Division of parole and community services" means the	6315
division of parole and community services of the department of	6316
rehabilitation and correction.	6317

(6) "Offense" means any felony or misdemeanor under the laws	6318
of this state.	6319

(7) "Political subdivision" has the same meaning as in	6320
section 2969.21 of the Revised Code.	6321

(B)(1) After the provisions of this division become operative	6322
as described in division (J) of this section, an individual who is	6323
subject to one or more collateral sanctions as a result of being	6324
convicted of or pleading guilty to an offense and who either has	6325
served a term in a state correctional institution for any offense	6326
or has spent time in a department-funded program for any offense	6327
may file a petition with the designee of the deputy director of	6328
the division of parole and community services for a certificate of	6329
qualification for employment.	6330

(2) After the provisions of this division become operative as	6331
described in division (J) of this section, an individual who is	6332
subject to one or more collateral sanctions as a result of being	6333
convicted of or pleading guilty to an offense and who is not in a	6334
category described in division (B)(1) of this section may file a	6335
petition with the court of common pleas of the county in which the	6336
person resides or with the designee of the deputy director of the	6337
division of parole and community services for a certificate of	6338
qualification for employment.	6339

(3) A petition under division (B)(1) or (2) of this section	6340
shall be made on a copy of the form prescribed by the division of	6341
parole and community services under division (J) of this section	6342
and shall contain all of the information described in division (F)	6343
of this section.	6344

(4) An individual may file a petition under division (B)(1)	6345
or (2) of this section at any time after the expiration of	6346
whichever of the following is applicable:	6347

(a) If the offense that resulted in the collateral sanction	6348
from which the individual seeks relief is a felony, at any time	6349
after the expiration of one year from the date of release of the	6350
individual from any period of incarceration in a state or local	6351
correctional facility that was imposed for that offense and all	6352
periods of supervision imposed after release from the period of	6353
incarceration or, if the individual was not incarcerated for that	6354
offense, at any time after the expiration of one year from the	6355
date of the individual's final release from all other sanctions	6356
imposed for that offense.	6357

(b) If the offense that resulted in the collateral sanction	6358
from which the individual seeks relief is a misdemeanor, at any	6359
time after the expiration of six months from the date of release	6360
of the individual from any period of incarceration in a local	6361
correctional facility that was imposed for that offense and all	6362
periods of supervision imposed after release from the period of	6363
incarceration or, if the individual was not incarcerated for that	6364
offense, at any time after the expiration of six months from the	6365
date of the final release of the individual from all sanctions	6366
imposed for that offense including any period of supervision.	6367

(5)(a) A designee that receives a petition for a	6368
certification of qualification for employment from an individual	6369
under division (B)(1) or (2) of this section shall review the	6370
petition to determine whether it is complete. If the petition is	6371
complete, the designee shall forward the petition, and any other	6372
information the designee possesses that relates to the petition,	6373
to the court of common pleas of the county in which the individual	6374
resides.	6375

(b) A court of common pleas that receives a petition for a	6376
certificate of qualification for employment from an individual	6377
under division (B)(2) of this section, or that is forwarded a	6378
petition for such a certificate under division (B)(5)(a) of this	6379
section, shall attempt to determine all other courts in this state	6380
in which the individual was convicted of or pleaded guilty to an	6381
offense other than the offense from which the individual is	6382
seeking relief. The court that receives or is forwarded the	6383
petition shall notify all other courts in this state that it	6384
determines under this division were courts in which the individual	6385
was convicted of or pleaded guilty to an offense other than the	6386
offense from which the individual is seeking relief that the	6387
individual has filed the petition and that the court may send	6388
comments regarding the possible issuance of the certificate.	6389

A court of common pleas that receives a petition for a	6390
certificate of qualification for employment under division (B)(2)	6391
of this section shall notify the prosecuting attorney of the	6392
county in which the individual resides that the individual has	6393
filed the petition.	6394

(C)(1) Upon receiving a petition for a certificate of	6395
qualification for employment filed by an individual under division	6396
(B)(2) of this section or being forwarded a petition for such a	6397
certificate under division (B)(5)(a) of this section, the court	6398
shall review the individual's petition, the individual's criminal	6399
history, all filings submitted by the prosecutor or by the victim	6400
in accordance with rules adopted by the division of parole and	6401
community services, and all other relevant evidence. The court may	6402
order any report, investigation, or disclosure by the individual	6403
that the court believes is necessary for the court to reach a	6404
decision on whether to approve the individual's petition for a	6405
certificate of qualification for employment.	6406

(2) Upon receiving a petition for a certificate of	6407
qualification for employment filed by an individual under division	6408
(B)(2) of this section or being forwarded a petition for such a	6409
certificate under division (B)(5)(a) of this section, except as	6410
otherwise provided in this division, the court shall decide	6411
whether to issue the certificate within sixty days after the court	6412
receives or is forwarded the completed petition and all	6413
information requested for the court to make that decision. Upon	6414
request of the individual who filed the petition, the court may	6415
extend the sixty-day period specified in this division.	6416

(3) Subject to division (C)(5) of this section, a court that	6417
receives an individual's petition for a certificate of	6418
qualification for employment under division (B)(2) of this section	6419
or that is forwarded a petition for such a certificate under	6420
division (B)(5)(a) of this section may issue a certificate of	6421
qualification for employment, at the court's discretion, if the	6422
court finds that the individual has established all of the	6423
following by a preponderance of the evidence:	6424

(a) Granting the petition will materially assist the	6425
individual in obtaining employment or occupational licensing.	6426

(b) The individual has a substantial need for the relief	6427
requested in order to live a law-abiding life.	6428

(c) Granting the petition would not pose an unreasonable risk	6429
to the safety of the public or any individual.	6430

(4) The submission of an incomplete petition by an individual	6431
shall not be grounds for the designee or court to deny the	6432
petition.	6433

(5) A court that receives an individual's petition for a	6434
certificate of qualification for employment under division (B)(2)	6435
of this section or that is forwarded a petition for such a	6436
certificate under division (B)(5)(a) of this section shall not	6437
issue a certificate of qualification for employment that grants	6438
the individual relief from any of the following collateral	6439
sanctions:	6440

(a) Requirements imposed by Chapter 2950. of the Revised Code	6441
and rules adopted under sections 2950.13 and 2950.132 of the	6442
Revised Code;	6443

(b) A driver's license, commercial driver's license, or	6444
probationary license suspension, cancellation, or revocation	6445
pursuant to section 4510.037, 4510.07, 4511.19, or 4511.191 of the	6446
Revised Code if the relief sought is available pursuant to section	6447
4510.021 or division (B) of section 4510.13 of the Revised Code;	6448

(c) Restrictions on employment as a prosecutor or law	6449
enforcement officer;	6450

(d) The denial, ineligibility, or automatic suspension of a	6451
license that is imposed upon an individual applying for or holding	6452
a license as a health care professional under Title XLVII of the	6453
Revised Code if the individual is convicted of, pleads guilty to,	6454
is subject to a judicial finding of eligibility for intervention	6455
in lieu of conviction in this state under section 2951.041 of the	6456
Revised Code, or is subject to treatment or intervention in lieu	6457
of conviction for a violation of section 2903.01, 2903.02,	6458
2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02,	6459
2911.01, 2911.11, or 2919.123 of the Revised Code;	6460

(e) The immediate suspension of a license, certificate, or	6461
evidence of registration that is imposed upon an individual	6462
holding a license as a health care professional under Title XLVII	6463
of the Revised Code pursuant to division (C) of section 3719.121	6464
of the Revised Code;	6465

(f) The denial or ineligibility for employment in a pain	6466
clinic under division (B)(4) of section 4729.552 of the Revised	6467
Code;	6468

(g) The mandatory suspension of a license that is imposed on	6469
an individual applying for or holding a license as a health care	6470
professional under Title XLVII of the Revised Code pursuant to	6471
section 3123.43 of the Revised Code.	6472

(6) If a court that receives an individual's petition for a	6473
certificate of qualification for employment under division (B)(2)	6474
of this section or that is forwarded a petition for such a	6475
certificate under division (B)(5)(a) of this section denies the	6476
petition, the court shall provide written notice to the individual	6477
of the court's denial. The court may place conditions on the	6478
individual regarding the individual's filing of any subsequent	6479
petition for a certificate of qualification for employment. The	6480
written notice must notify the individual of any conditions placed	6481
on the individual's filing of a subsequent petition for a	6482
certificate of qualification for employment.	6483

If a court of common pleas that receives an individual's	6484
petition for a certificate of qualification for employment under	6485
division (B)(2) of this section or that is forwarded a petition	6486
for such a certificate under division (B)(5)(a) of this section	6487
denies the petition, the individual may appeal the decision to the	6488
court of appeals only if the individual alleges that the denial	6489
was an abuse of discretion on the part of the court of common	6490
pleas.	6491

(D) A certificate of qualification for employment issued to	6492
an individual lifts the automatic bar of a collateral sanction,	6493
and a decision-maker shall consider on a case-by-case basis	6494
whether to grant or deny the issuance or restoration of an	6495
occupational license or an employment opportunity, notwithstanding	6496
the individual's possession of the certificate, without, however,	6497
reconsidering or rejecting any finding made by a designee or court	6498
under division (C)(3) of this section.	6499

(E) A certificate of qualification for employment does not	6500
grant the individual to whom the certificate was issued relief	6501
from the mandatory civil impacts identified in division (A)(1) of	6502
section 2961.01 or division (B) of section 2961.02 of the Revised	6503
Code.	6504

(F) A petition for a certificate of qualification for	6505
employment filed by an individual under division (B)(1) or (2) of	6506
this section shall include all of the following:	6507

(1) The individual's name, date of birth, and social security	6508
number;	6509

(2) All aliases of the individual and all social security	6510
numbers associated with those aliases;	6511

(3) The individual's residence address, including the city,	6512
county, and state of residence and zip code;	6513

(4) The length of time that the individual has been a	6514
resident of this state, expressed in years and months of	6515
residence;	6516

(5) The name or type of each collateral sanction from which	6517
the individual is requesting a certificate of qualification for	6518
employment;	6519

(6) A summary of the individual's criminal history with	6520
respect to each offense that is a disqualification from employment	6521
or licensing in an occupation or profession, including the years	6522
of each conviction or plea of guilty for each of those offenses;	6523

(7) A summary of the individual's employment history,	6524
specifying the name of, and dates of employment with, each	6525
employer;	6526

(8) Verifiable references and endorsements;

6527

(9) The name of one or more immediate family members of the	6528
individual, or other persons with whom the individual has a close	6529
relationship, who support the individual's reentry plan;	6530

(10) A summary of the reason the individual believes the	6531
certificate of qualification for employment should be granted;	6532

(11) Any other information required by rule by the department	6533
of rehabilitation and correction.	6534

(G)(1) In a judicial or administrative proceeding alleging	6535
negligence or other fault, a certificate of qualification for	6536
employment issued to an individual under this section may be	6537
introduced as evidence of a person's due care in hiring,	6538
retaining, licensing, leasing to, admitting to a school or	6539
program, or otherwise transacting business or engaging in activity	6540
with the individual to whom the certificate of qualification for	6541
employment was issued if the person knew of the certificate at the	6542
time of the alleged negligence or other fault.	6543

(2) In any proceeding on a claim against an employer for	6544
negligent hiring, a certificate of qualification for employment	6545
issued to an individual under this section shall provide immunity	6546
for the employer as to the claim if the employer knew of the	6547
certificate at the time of the alleged negligence.	6548

(3) If an employer hires an individual who has been issued a	6549
certificate of qualification for employment under this section, if	6550
the individual, after being hired, subsequently demonstrates	6551
dangerousness or is convicted of or pleads guilty to a felony, and	6552
if the employer retains the individual as an employee after the	6553
demonstration of dangerousness or the conviction or guilty plea,	6554
the employer may be held liable in a civil action that is based on	6555
or relates to the retention of the individual as an employee only	6556
if it is proved by a preponderance of the evidence that the person	6557
having hiring and firing responsibility for the employer had	6558
actual knowledge that the employee was dangerous or had been	6559
convicted of or pleaded guilty to the felony and was willful in	6560
retaining the individual as an employee after the demonstration of	6561
dangerousness or the conviction or guilty plea of which the person	6562
has actual knowledge.	6563

(H) A certificate of qualification for employment issued	6564
under this section shall be presumptively revoked if the	6565
individual to whom the certificate of qualification for employment	6566
was issued is convicted of or pleads guilty to a felony offense	6567
committed subsequent to the issuance of the certificate of	6568
qualification for employment.	6569

(I) A designee's forwarding, or failure to forward, a	6570
petition for a certificate of qualification for employment to a	6571
court or a court's issuance, or failure to issue, a petition for a	6572
certificate of qualification for employment to an individual under	6573
division (B) of this section does not give rise to a claim for	6574
damages against the department of rehabilitation and correction or	6575
court.	6576

(J) Not later than ninety days after the effective date of	6577
this section, the division of parole and community services shall	6578
adopt rules in accordance with Chapter 119. of the Revised Code	6579
for the implementation and administration of this section and	6580
shall prescribe the form for the petition to be used under	6581
division (B)(1) or (2) of this section. The form for the petition	6582
shall include places for all of the information specified in	6583
division (F) of this section. Upon the adoption of the rules, the	6584
provisions of divisions (A) to (I) of this section become	6585
operative.	6586

(K) The department of rehabilitation and correction shall	6587
conduct a study to determine the manner for transferring the	6588
mechanism for the issuance of a certificate of qualification for	6589
employment created by this section to an electronic database	6590
established and maintained by the department. The database to	6591
which the mechanism is to be transferred shall include granted	6592
certificates and revoked certificates and shall be designed to	6593
track the number of certificates granted and revoked, the	6594
industries, occupations, and professions with respect to which the	6595
certificates have been most applicable, the types of employers	6596
that have accepted the certificates, and the recidivism rates of	6597
individuals who have been issued the certificates. Not later than	6598
the date that is one year after the effective date of this	6599
section, the department of rehabilitation and correction shall	6600
submit to the general assembly and the governor a report that	6601
contains the results of the study and recommendations for	6602
transferring the mechanism for the issuance of certificate of	6603
qualification for employment created by this section to an	6604
electronic database established and maintained by the department.	6605

(L) The department of rehabilitation and correction, in	6606
conjunction with the Ohio judicial conference, shall conduct a	6607
study to determine whether the application process for	6608
certificates of qualification for employment created by this	6609
section is feasible based upon the caseload capacity of the	6610
department and the courts of common pleas. Not later than the date	6611
that is one year after the effective date of this section, the	6612
department shall submit to the general assembly a report that	6613
contains the results of the study and any recommendations for	6614
improvement of the application process.	6615

Sec. 2953.31. As used in sections 2953.31 to 2953.36 of the	6616
Revised Code:	6617

(A) "~~First~~Eligible offender" means anyone who has been	6618
convicted of an offense in this state or any other jurisdiction	6619
and who ~~previously or subsequently has not been convicted of the~~	6620
~~same or a different offense~~has not more than one felony	6621
conviction, not more than two misdemeanor convictions if the	6622
convictions are not of the same offense, or not more than one	6623
felony conviction and one misdemeanor conviction in this state or	6624
any other jurisdiction. When two or more convictions result from	6625
or are connected with the same act or result from offenses	6626
committed at the same time, they shall be counted as one	6627
conviction. When two or three convictions result from the same	6628
indictment, information, or complaint, from the same plea of	6629
guilty, or from the same official proceeding, and result from	6630
related criminal acts that were committed within a three-month	6631
period but do not result from the same act or from offenses	6632
committed at the same time, they shall be counted as one	6633
conviction, provided that a court may decide as provided in	6634
division (C)(1)(a) of section 2953.32 of the Revised Code that it	6635
is not in the public interest for the two or three convictions to	6636
be counted as one conviction.	6637

For purposes of, and except as otherwise provided in, this	6638
division, a conviction for a minor misdemeanor, for a violation of	6639
any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the	6640
Revised Code, or for a violation of a municipal ordinance that is	6641
substantially similar to any section in those chapters is not a	6642
~~previous or subsequent~~ conviction. However, a conviction for a	6643
violation of section 4511.19, 4511.251, 4549.02, 4549.021,	6644
4549.03, 4549.042, or 4549.62 or sections 4549.41 to 4549.46 of	6645
the Revised Code, for a violation of section 4510.11 or 4510.14 of	6646
the Revised Code that is based upon the offender's operation of a	6647
vehicle during a suspension imposed under section 4511.191 or	6648
4511.196 of the Revised Code, for a violation of a substantially	6649
equivalent municipal ordinance, for a felony violation of Title	6650
XLV of the Revised Code, or for a violation of a substantially	6651
equivalent former law of this state or former municipal ordinance	6652
shall be considered a ~~previous or subsequent~~ conviction.	6653

(B) "Prosecutor" means the county prosecuting attorney, city	6654
director of law, village solicitor, or similar chief legal	6655
officer, who has the authority to prosecute a criminal case in the	6656
court in which the case is filed.	6657

(C) "Bail forfeiture" means the forfeiture of bail by a	6658
defendant who is arrested for the commission of a misdemeanor,	6659
other than a defendant in a traffic case as defined in Traffic	6660
Rule 2, if the forfeiture is pursuant to an agreement with the	6661
court and prosecutor in the case.	6662

(D) "Official records" has the same meaning as in division	6663
(D) of section 2953.51 of the Revised Code.	6664

(E) "Official proceeding" has the same meaning as in section	6665
2921.01 of the Revised Code.	6666

(F) "Community control sanction" has the same meaning as in	6667
section 2929.01 of the Revised Code.	6668

(G) "Post-release control" and "post-release control	6669
sanction" have the same meanings as in section 2967.01 of the	6670
Revised Code.	6671

(H) "DNA database," "DNA record," and "law enforcement	6672
agency" have the same meanings as in section 109.573 of the	6673
Revised Code.	6674

(I) "Fingerprints filed for record" means any fingerprints	6675
obtained by the superintendent of the bureau of criminal	6676
identification and investigation pursuant to sections 109.57 and	6677
109.571 of the Revised Code.	6678

Sec. 2953.32. (A)(1) Except as provided in section 2953.61	6679
of the Revised Code, ~~a first~~an eligible offender may apply to the	6680
sentencing court if convicted in this state, or to a court of	6681
common pleas if convicted in another state or in a federal court,	6682
for the sealing of the conviction record. Application may be made	6683
at the expiration of three years after the offender's final	6684
discharge if convicted of a felony, or at the expiration of one	6685
year after the offender's final discharge if convicted of a	6686
misdemeanor.	6687

(2) Any person who has been arrested for any misdemeanor	6688
offense and who has effected a bail forfeiture may apply to the	6689
court in which the misdemeanor criminal case was pending when bail	6690
was forfeited for the sealing of the record of the case. Except as	6691
provided in section 2953.61 of the Revised Code, the application	6692
may be filed at any time after the expiration of one year from the	6693
date on which the bail forfeiture was entered upon the minutes of	6694
the court or the journal, whichever entry occurs first.	6695

(B) Upon the filing of an application under this section, the	6696
court shall set a date for a hearing and shall notify the	6697
prosecutor for the case of the hearing on the application. The	6698
prosecutor may object to the granting of the application by filing	6699
an objection with the court prior to the date set for the hearing.	6700
The prosecutor shall specify in the objection the reasons for	6701
believing a denial of the application is justified. The court	6702
shall direct its regular probation officer, a state probation	6703
officer, or the department of probation of the county in which the	6704
applicant resides to make inquiries and written reports as the	6705
court requires concerning the applicant. If the applicant was	6706
convicted of or pleaded guilty to a violation of division (A)(2)	6707
or (B) of section 2919.21 of the Revised Code, the probation	6708
officer or county department of probation that the court directed	6709
to make inquiries concerning the applicant shall contact the child	6710
support enforcement agency enforcing the applicant's obligations	6711
under the child support order to inquire about the offender's	6712
compliance with the child support order.	6713

(C)(1) The court shall do each of the following:

6714

(a) Determine whether the applicant is ~~a first~~an eligible	6715
offender or whether the forfeiture of bail was agreed to by the	6716
applicant and the prosecutor in the case. If the applicant applies	6717
as ~~a first~~an eligible offender pursuant to division (A)(1) of	6718
this section and has two or three convictions that result from the	6719
same indictment, information, or complaint, from the same plea of	6720
guilty, or from the same official proceeding, and result from	6721
related criminal acts that were committed within a three-month	6722
period but do not result from the same act or from offenses	6723
committed at the same time, in making its determination under this	6724
division, the court initially shall determine whether it is not in	6725
the public interest for the two or three convictions to be counted	6726
as one conviction. If the court determines that it is not in the	6727
public interest for the two or three convictions to be counted as	6728
one conviction, the court shall determine that the applicant is	6729
not ~~a first~~an eligible offender; if the court does not make that	6730
determination, the court shall determine that the offender is a	6731
~~first~~an eligible offender.	6732

(b) Determine whether criminal proceedings are pending	6733
against the applicant;	6734

(c) If the applicant is ~~a first~~an eligible offender who	6735
applies pursuant to division (A)(1) of this section, determine	6736
whether the applicant has been rehabilitated to the satisfaction	6737
of the court;	6738

(d) If the prosecutor has filed an objection in accordance	6739
with division (B) of this section, consider the reasons against	6740
granting the application specified by the prosecutor in the	6741
objection;	6742

(e) Weigh the interests of the applicant in having the	6743
records pertaining to the applicant's conviction sealed against	6744
the legitimate needs, if any, of the government to maintain those	6745
records.	6746

(2) If the court determines, after complying with division	6747
(C)(1) of this section, that the applicant is ~~a first~~an eligible	6748
offender or the subject of a bail forfeiture, that no criminal	6749
proceeding is pending against the applicant, and that the	6750
interests of the applicant in having the records pertaining to the	6751
applicant's conviction or bail forfeiture sealed are not	6752
outweighed by any legitimate governmental needs to maintain those	6753
records, and that the rehabilitation of an applicant who is a	6754
~~first~~an eligible offender applying pursuant to division (A)(1) of	6755
this section has been attained to the satisfaction of the court,	6756
the court, except as provided in divisions (G) and (H) of this	6757
section, shall order all official records pertaining to the case	6758
sealed and, except as provided in division (F) of this section,	6759
all index references to the case deleted and, in the case of bail	6760
forfeitures, shall dismiss the charges in the case. The	6761
proceedings in the case shall be considered not to have occurred	6762
and the conviction or bail forfeiture of the person who is the	6763
subject of the proceedings shall be sealed, except that upon	6764
conviction of a subsequent offense, the sealed record of prior	6765
conviction or bail forfeiture may be considered by the court in	6766
determining the sentence or other appropriate disposition,	6767
including the relief provided for in sections 2953.31 to 2953.33	6768
of the Revised Code.	6769

(3) Upon the filing of an application under this section, the	6770
applicant, unless indigent, shall pay a fee of fifty dollars. The	6771
court shall pay thirty dollars of the fee into the state treasury.	6772
It shall pay twenty dollars of the fee into the county general	6773
revenue fund if the sealed conviction or bail forfeiture was	6774
pursuant to a state statute, or into the general revenue fund of	6775
the municipal corporation involved if the sealed conviction or	6776
bail forfeiture was pursuant to a municipal ordinance.	6777

(D) Inspection of the sealed records included in the order	6778
may be made only by the following persons or for the following	6779
purposes:	6780

(1) By a law enforcement officer or prosecutor, or the	6781
assistants of either, to determine whether the nature and	6782
character of the offense with which a person is to be charged	6783
would be affected by virtue of the person's previously having been	6784
convicted of a crime;	6785

(2) By the parole or probation officer of the person who is	6786
the subject of the records, for the exclusive use of the officer	6787
in supervising the person while on parole or under a community	6788
control sanction or a post-release control sanction, and in making	6789
inquiries and written reports as requested by the court or adult	6790
parole authority;	6791

(3) Upon application by the person who is the subject of the	6792
records, by the persons named in the application;	6793

(4) By a law enforcement officer who was involved in the	6794
case, for use in the officer's defense of a civil action arising	6795
out of the officer's involvement in that case;	6796

(5) By a prosecuting attorney or the prosecuting attorney's	6797
assistants, to determine a defendant's eligibility to enter a	6798
pre-trial diversion program established pursuant to section	6799
2935.36 of the Revised Code;	6800

(6) By any law enforcement agency or any authorized employee	6801
of a law enforcement agency or by the department of rehabilitation	6802
and correction as part of a background investigation of a person	6803
who applies for employment with the agency as a law enforcement	6804
officer or with the department as a corrections officer;	6805

(7) By any law enforcement agency or any authorized employee	6806
of a law enforcement agency, for the purposes set forth in, and in	6807
the manner provided in, section 2953.321 of the Revised Code;	6808

(8) By the bureau of criminal identification and	6809
investigation or any authorized employee of the bureau for the	6810
purpose of providing information to a board or person pursuant to	6811
division (F) or (G) of section 109.57 of the Revised Code;	6812

(9) By the bureau of criminal identification and	6813
investigation or any authorized employee of the bureau for the	6814
purpose of performing a criminal history records check on a person	6815
to whom a certificate as prescribed in section 109.77 of the	6816
Revised Code is to be awarded;	6817

(10) By the bureau of criminal identification and	6818
investigation or any authorized employee of the bureau for the	6819
purpose of conducting a criminal records check of an individual	6820
pursuant to division (B) of section 109.572 of the Revised Code	6821
that was requested pursuant to any of the sections identified in	6822
division (B)(1) of that section;	6823

(11) By the bureau of criminal identification and	6824
investigation, an authorized employee of the bureau, a sheriff, or	6825
an authorized employee of a sheriff in connection with a criminal	6826
records check described in section 311.41 of the Revised Code;	6827

(12) By the attorney general or an authorized employee of the	6828
attorney general or a court for purposes of determining a person's	6829
classification pursuant to Chapter 2950. of the Revised Code.	6830

When the nature and character of the offense with which a	6831
person is to be charged would be affected by the information, it	6832
may be used for the purpose of charging the person with an	6833
offense.	6834

(E) In any criminal proceeding, proof of any otherwise	6835
admissible prior conviction may be introduced and proved,	6836
notwithstanding the fact that for any such prior conviction an	6837
order of sealing previously was issued pursuant to sections	6838
2953.31 to 2953.36 of the Revised Code.	6839

(F) The person or governmental agency, office, or department	6840
that maintains sealed records pertaining to convictions or bail	6841
forfeitures that have been sealed pursuant to this section may	6842
maintain a manual or computerized index to the sealed records. The	6843
index shall contain only the name of, and alphanumeric identifiers	6844
that relate to, the persons who are the subject of the sealed	6845
records, the word "sealed," and the name of the person, agency,	6846
office, or department that has custody of the sealed records, and	6847
shall not contain the name of the crime committed. The index shall	6848
be made available by the person who has custody of the sealed	6849
records only for the purposes set forth in divisions (C), (D), and	6850
(E) of this section.	6851

(G) Notwithstanding any provision of this section or section	6852
2953.33 of the Revised Code that requires otherwise, a board of	6853
education of a city, local, exempted village, or joint vocational	6854
school district that maintains records of an individual who has	6855
been permanently excluded under sections 3301.121 and 3313.662 of	6856
the Revised Code is permitted to maintain records regarding a	6857
conviction that was used as the basis for the individual's	6858
permanent exclusion, regardless of a court order to seal the	6859
record. An order issued under this section to seal the record of a	6860
conviction does not revoke the adjudication order of the	6861
superintendent of public instruction to permanently exclude the	6862
individual who is the subject of the sealing order. An order	6863
issued under this section to seal the record of a conviction of an	6864
individual may be presented to a district superintendent as	6865
evidence to support the contention that the superintendent should	6866
recommend that the permanent exclusion of the individual who is	6867
the subject of the sealing order be revoked. Except as otherwise	6868
authorized by this division and sections 3301.121 and 3313.662 of	6869
the Revised Code, any school employee in possession of or having	6870
access to the sealed conviction records of an individual that were	6871
the basis of a permanent exclusion of the individual is subject to	6872
section 2953.35 of the Revised Code.	6873

(H) For purposes of sections 2953.31 to 2953.36 of the	6874
Revised Code, DNA records collected in the DNA database and	6875
fingerprints filed for record by the superintendent of the bureau	6876
of criminal identification and investigation shall not be sealed	6877
unless the superintendent receives a certified copy of a final	6878
court order establishing that the offender's conviction has been	6879
overturned. For purposes of this section, a court order is not	6880
"final" if time remains for an appeal or application for	6881
discretionary review with respect to the order.	6882

Sec. 2953.34. Nothing in sections 2953.31 to 2953.33 of the	6883
Revised Code precludes ~~a first~~an eligible offender from taking an	6884
appeal or seeking any relief from ~~his~~the eligible offender's	6885
conviction or from relying on it in lieu of any subsequent	6886
prosecution for the same offense.	6887

Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised	6888
Code do not apply to any of the following:	6889

(A) Convictions when the offender is subject to a mandatory	6890
prison term;	6891

(B) Convictions under section 2907.02, 2907.03, 2907.04,	6892
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section	6893
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised	6894
Code, or a conviction for a violation of a municipal ordinance	6895
that is substantially similar to any section contained in any of	6896
those chapters;	6897

(C) Convictions of an offense of violence when the offense is	6898
a misdemeanor of the first degree or a felony and when the offense	6899
is not a violation of section 2917.03 of the Revised Code and is	6900
not a violation of section 2903.13, 2917.01, or 2917.31 of the	6901
Revised Code that is a misdemeanor of the first degree;	6902

(D) Convictions on or after ~~the effective date of this~~	6903
~~amendment~~October 10, 2007, under section 2907.07 of the Revised	6904
Code or a conviction on or after ~~the effective date of this~~	6905
~~amendment~~October 10, 2007, for a violation of a municipal	6906
ordinance that is substantially similar to that section;	6907

(E) Convictions on or after ~~the effective date of this~~	6908
~~amendment~~October 10, 2007, under section 2907.08, 2907.09,	6909
2907.21, 2907.22, 2907.23, 2907.31, 2907.311, 2907.32, or 2907.33	6910
of the Revised Code when the victim of the offense was under	6911
eighteen years of age;	6912

(F) Convictions of an offense in circumstances in which the	6913
victim of the offense was under eighteen years of age when the	6914
offense is a misdemeanor of the first degree or a felony, except	6915
for convictions under section 2919.21 of the Revised Code;	6916

(G) Convictions of a felony of the first or second degree;

6917

(H) Bail forfeitures in a traffic case as defined in Traffic	6918
Rule 2.	6919

Sec. 2961.22. (A)(1) Any prisoner serving a prison term in a	6920
state correctional institution who satisfies all of the following	6921
is eligible to apply to the department of rehabilitation and	6922
correction at a time specified in division (A)(2) of this section	6923
and in accordance with division (D) of this section for a	6924
certificate of achievement and employability:	6925

(a) The prisoner has satisfactorily completed one or more	6926
in-prison vocational programs approved by rule by the department	6927
of rehabilitation and correction.	6928

(b) The prisoner has demonstrated exemplary performance as	6929
determined by completion of one or more cognitive or behavioral	6930
improvement programs approved by rule by the department while	6931
incarcerated in a state correctional institution, while under	6932
supervision, or during both periods of time.	6933

6934

(d) The prisoner shows other evidence of achievement and	6935
rehabilitation while under the jurisdiction of the department.	6936

(2) An eligible prisoner may apply to the department of	6937
rehabilitation and correction under division (A)(1) of this	6938
section for a certificate of achievement and employability no	6939
earlier than one year prior to the date scheduled for the release	6940
of the prisoner from department custody and no later than the date	6941
of release of the prisoner.	6942

(B)(1) Any prisoner who has been released from a state	6943
correctional institution, who is under supervision on parole or	6944
under a post-release control sanction, and who satisfies all of	6945
the criteria set forth in division (A)(1) of this section is	6946
eligible to apply to the adult parole authority at a time	6947
specified in division (B)(2) of this section and in accordance	6948
with division (D) of this section for a certificate of achievement	6949
and employability.	6950

(2) An eligible prisoner may apply to the adult parole	6951
authority under division (B)(1) of this section for a certificate	6952
of achievement and employability at any time while the prisoner is	6953
under supervision on parole or under a post-release control	6954
sanction.	6955

(C)(1) An eligible prisoner may apply to the department of	6956
rehabilitation and correction or to the adult parole authority at	6957
a time specified in division (A) or (B) of this section, whichever	6958
is applicable, for a certificate of achievement and employability	6959
that grants the prisoner relief from one or more mandatory civil	6960
impacts that would affect a potential job within a field in which	6961
the prisoner trained as part of the prisoner's in-prison	6962
vocational program. The prisoner shall specify the mandatory civil	6963
impacts from which the prisoner is requesting relief under the	6964
certificate. Upon application by a prisoner in accordance with	6965
this division, if the mandatory civil impact of any licensing	6966
agency would be affected by the issuance of the certificate to the	6967
prisoner, the department or authority shall notify the licensing	6968
agency of the filing of the application, provide the licensing	6969
agency with a copy of the application and all evidence that the	6970
department, authority, or court has regarding the prisoner, and	6971
afford the licensing agency with an opportunity to object in	6972
writing to the issuance of the certificate to the prisoner.	6973

(2) Upon application by a prisoner in accordance with	6974
division (C)(1) of this section, the department of rehabilitation	6975
and correction or the adult parole authority, whichever is	6976
applicable, shall consider the application and all objections to	6977
the issuance of a certificate of achievement and employability to	6978
the prisoner, if any, that were made by a licensing agency under	6979
division (C)(1) of this section. If the department or authority	6980
determines that the prisoner is an eligible prisoner, that the	6981
application was filed at a time specified in division (B) of this	6982
section, and that any licensing agency objections to the issuance	6983
of the certificate to the prisoner are not sufficient to deny the	6984
issuance of the certificate to the prisoner, subject to division	6985
(C)(3) of this section, the department or authority shall issue	6986
the prisoner a certificate of achievement and employability that	6987
grants the prisoner relief from the mandatory civil impacts that	6988
are specified in the prisoner's application and that would affect	6989
a potential job within a field in which the prisoner trained as	6990
part of the prisoner's in-prison vocational program.	6991

(3) The mandatory civil impacts identified in division (A)(1)	6992
of section 2961.01 and in division (B) of section 2961.02 of the	6993
Revised Code shall not be affected by any certificate of	6994
achievement and employability issued under this section. No	6995
certificate of achievement and employability issued to a prisoner	6996
under this section grants the prisoner relief from the mandatory	6997
civil impacts identified in division (A)(1) of section 2961.01 and	6998
in division (B) of section 2961.02 of the Revised Code.	6999

~~(E)~~(D) The department of rehabilitation and correction shall	7000
adopt rules that define in-prison vocational programs and	7001
cognitive or behavioral improvement programs that a prisoner may	7002
complete to satisfy the criteria described in divisions (A)(1)(a)	7003
and (b) of this section.	7004

(E) The department of rehabilitation and correction and the	7005
adult parole authority shall not be liable for any claim for	7006
damages arising from the department's or authority's issuance,	7007
denial, or revocation of a certificate of achievement and	7008
employability or for the department's or authority's failure to	7009
revoke a certificate of achievement and employability under the	7010
circumstances described in section 2961.24 of the Revised Code.	7011

Sec. 2967.03. The adult parole authority may exercise its	7012
functions and duties in relation to the pardon, commutation of	7013
sentence, or reprieve of a convict upon direction of the governor	7014
or upon its own initiative. It may exercise its functions and	7015
duties in relation to the parole of a prisoner who is eligible for	7016
parole upon the initiative of the head of the institution in which	7017
the prisoner is confined or upon its own initiative. When a	7018
prisoner becomes eligible for parole, the head of the institution	7019
in which the prisoner is confined shall notify the authority in	7020
the manner prescribed by the authority. The authority may	7021
investigate and examine, or cause the investigation and	7022
examination of, prisoners confined in state correctional	7023
institutions concerning their conduct in the institutions, their	7024
mental and moral qualities and characteristics, their knowledge of	7025
a trade or profession, their former means of livelihood, their	7026
family relationships, and any other matters affecting their	7027
fitness to be at liberty without being a threat to society.	7028

The authority may recommend to the governor the pardon,	7029
commutation of sentence, ~~medical release,~~ or reprieve of any	7030
convict or prisoner or grant a parole to any prisoner for whom	7031
parole is authorized, if in its judgment there is reasonable	7032
ground to believe that granting a pardon, commutation, ~~medical~~	7033
~~release,~~ or reprieve to the convict or paroling the prisoner would	7034
further the interests of justice and be consistent with the	7035
welfare and security of society. However, the authority shall not	7036
recommend a pardon,or commutation of sentence, ~~or medical release~~	7037
~~of,~~ or grant a parole to, any convict or prisoner until the	7038
authority has complied with the applicable notice requirements of	7039
sections 2930.16 and 2967.12 of the Revised Code and until it has	7040
considered any statement made by a victim or a victim's	7041
representative that is relevant to the convict's or prisoner's	7042
case and that was sent to the authority pursuant to section	7043
2930.17 of the Revised Code, any other statement made by a victim	7044
or a victim's representative that is relevant to the convict's or	7045
prisoner's case and that was received by the authority after it	7046
provided notice of the pendency of the action under sections	7047
2930.16 and 2967.12 of the Revised Code, and any written statement	7048
of any person submitted to the court pursuant to division (G) of	7049
section 2967.12 of the Revised Code. If a victim, victim's	7050
representative, or the victim's spouse, parent, sibling, or child	7051
appears at a full board hearing of the parole board and gives	7052
testimony as authorized by section 5149.101 of the Revised Code,	7053
the authority shall consider the testimony in determining whether	7054
to grant a parole. The trial judge and prosecuting attorney of the	7055
trial court in which a person was convicted shall furnish to the	7056
authority, at the request of the authority, a summarized statement	7057
of the facts proved at the trial and of all other facts having	7058
reference to the propriety of recommending a pardon,or	7059
commutation~~, or medical release,~~ or granting a parole, together	7060
with a recommendation for or against a pardon, commutation,	7061
~~medical release,~~ or parole, and the reasons for the	7062
recommendation. The trial judge, the prosecuting attorney,	7063
specified law enforcement agency members, and a representative of	7064
the prisoner may appear at a full board hearing of the parole	7065
board and give testimony in regard to the grant of a parole to the	7066
prisoner as authorized by section 5149.101 of the Revised Code.	7067
All state and local officials shall furnish information to the	7068
authority, when so requested by it in the performance of its	7069
duties.	7070

The adult parole authority shall exercise its functions and	7071
duties in relation to the release of prisoners who are serving a	7072
stated prison term in accordance with section 2967.28 of the	7073
Revised Code.	7074

Sec. 2967.191. The department of rehabilitation and	7075
correction shall reduce the stated prison term of a prisoner or,	7076
if the prisoner is serving a term for which there is parole	7077
eligibility, the minimum and maximum term or the parole	7078
eligibility date of the prisoner by the total number of days that	7079
the prisoner was confined for any reason arising out of the	7080
offense for which the prisoner was convicted and sentenced,	7081
including confinement in lieu of bail while awaiting trial,	7082
confinement for examination to determine the prisoner's competence	7083
to stand trial or sanity, ~~and~~ confinement while awaiting	7084
transportation to the place where the prisoner is to serve the	7085
prisoner's prison term, as determined by the sentencing court	7086
under division (B)(2)(g)(i) of section 2929.19 of the Revised	7087
Code, and confinement in a juvenile facility. The department of	7088
rehabilitation and correction also shall reduce the stated prison	7089
term of a prisoner or, if the prisoner is serving a term for which	7090
there is parole eligibility, the minimum and maximum term or the	7091
parole eligibility date of the prisoner by the total number of	7092
days, if any, that the prisoner previously served in the custody	7093
of the department of rehabilitation and correction arising out of	7094
the offense for which the prisoner was convicted and sentenced.	7095

Sec. 2967.193. (A)(1) Except as provided in division (C) of	7096
this section and subject to the maximum aggregate total specified	7097
in division (A)(2) of this section, a person confined in a state	7098
correctional institution may provisionally earn one day or five	7099
days of credit, based on the category set forth in division	7100
(D)(1), (2), (3), (4), or (5) of this section in which the person	7101
is included, toward satisfaction of the person's stated prison	7102
term for each completed month during which the person productively	7103
participates in an education program, vocational training,	7104
employment in prison industries, treatment for substance abuse, or	7105
any other constructive program developed by the department with	7106
specific standards for performance by prisoners. Except as	7107
provided in division (C) of this section and subject to the	7108
maximum aggregate total specified in division (A)(2) of this	7109
section, a person so confined who successfully completes two	7110
programs or activities of that type may, in addition,	7111
provisionally earn up to five days of credit toward satisfaction	7112
of the person's stated prison term for the successful completion	7113
of the second program or activity. The person shall not be awarded	7114
any provisional days of credit for the successful completion of	7115
the first program or activity or for the successful completion of	7116
any program or activity that is completed after the second program	7117
or activity. At the end of each calendar month in which a prisoner	7118
productively participates in a program or activity listed in this	7119
division or successfully completes a program or activity listed in	7120
this division, the department of rehabilitation and correction	7121
shall determine and record the total number of days credit that	7122
the prisoner provisionally earned in that calendar month. If the	7123
prisoner violates prison rules, the department may deny the	7124
prisoner a credit that otherwise could have been provisionally	7125
awarded to the prisoner or may withdraw one or more credits	7126
previously provisionally earned by the prisoner. Days of credit	7127
provisionally earned by a prisoner shall be finalized and awarded	7128
by the department subject to administrative review by the	7129
department of the prisoner's conduct.	7130

(2) The aggregate days of credit provisionally earned by a	7131
person for program or activity participation and program and	7132
activity completion under this section and the aggregate days of	7133
credit finally credited to a person under this section shall not	7134
exceed eight per cent of the total number of days in the person's	7135
stated prison term.	7136

(B) The department of rehabilitation and correction shall	7137
adopt rules that specify the programs or activities for which	7138
credit may be earned under this section, the criteria for	7139
determining productive participation in, or completion of, the	7140
programs or activities and the criteria for awarding credit,	7141
including criteria for awarding additional credit for successful	7142
program or activity completion, and the criteria for denying or	7143
withdrawing previously provisionally earned credit as a result of	7144
a violation of prison rules.	7145

(C) No person confined in a state correctional institution to	7146
whom any of the following applies shall be awarded any days of	7147
credit under division (A) of this section:	7148

(1) The person is serving a prison term that section 2929.13	7149
or section 2929.14 of the Revised Code specifies cannot be reduced	7150
pursuant to this section or this ~~Chapter~~chapter or is serving a	7151
sentence for which section 2967.13 or division (B) of section	7152
2929.143 of the Revised Code specifies that the person is not	7153
entitled to any earned credit under this section.	7154

(2) The person is sentenced to death or is serving a prison	7155
term or a term of life imprisonment for aggravated murder, murder,	7156
or a conspiracy or attempt to commit, or complicity in committing,	7157
aggravated murder or murder.	7158

(3) The person is serving a sentence of life imprisonment	7159
without parole imposed pursuant to section 2929.03 or 2929.06 of	7160
the Revised Code, a prison term or a term of life imprisonment	7161
without parole imposed pursuant to section 2971.03 of the Revised	7162
Code, or a sentence for a sexually oriented offense that was	7163
committed on or after ~~the effective date of this amendment~~	7164
September 30, 2011.	7165

(D) This division does not apply to a determination of	7166
whether a person confined in a state correctional institution may	7167
earn any days of credit under division (A) of this section for	7168
successful completion of a second program or activity. The	7169
determination of whether a person confined in a state correctional	7170
institution may earn one day of credit or five days of credit	7171
under division (A) of this section for each completed month during	7172
which the person productively participates in a program or	7173
activity specified under that division shall be made in accordance	7174
with the following:	7175

(1) The offender may earn one day of credit under division	7176
(A) of this section, except as provided in division (C) of this	7177
section, if the most serious offense for which the offender is	7178
confined is any of the following that is a felony of the first or	7179
second degree:	7180

(a) A violation of division (A) of section 2903.04 or of	7181
section 2903.03, 2903.11, 2903.15, 2905.01, 2907.24, 2907.25,	7182
2909.02, 2909.09, 2909.10, 2909.101, 2909.26, 2909.27, 2909.29,	7183
2911.01, 2911.02, 2911.11, 2911.12, 2919.13, 2919.151, 2919.22,	7184
2921.34, 2923.01, 2923.131, 2923.162, 2923.32, 2925.24, or 2927.24	7185
of the Revised Code;	7186

(b) A conspiracy or attempt to commit, or complicity in	7187
committing, any other offense for which the maximum penalty is	7188
imprisonment for life or any offense listed in division (D)(1)(a)	7189
of this section.	7190

(2) The offender may earn one day of credit under division	7191
(A) of this section, except as provided in division (C) of this	7192
section, if the offender is serving a stated prison term that	7193
includes a prison term imposed for a sexually oriented offense	7194
that the offender committed prior to ~~the effective date of this~~	7195
~~amendment~~September 30, 2011.	7196

(3) The offender may earn one day of credit under division	7197
(A) of this section, except as provided in division (C) of this	7198
section, if the offender is serving a stated prison term that	7199
includes a prison term imposed for a felony other than carrying a	7200
concealed weapon an essential element of which is any conduct or	7201
failure to act expressly involving any deadly weapon or dangerous	7202
ordnance.	7203

(4) Except as provided in division (C) of this section, if	7204
the most serious offense for which the offender is confined is a	7205
felony of the first or second degree and divisions (D)(1), (2),	7206
and (3) of this section do not apply to the offender, the offender	7207
may earn one day of credit under division (A) of this section if	7208
the offender committed that offense prior to ~~the effective date of~~	7209
~~this amendment~~September 30, 2011, and the offender may earn five	7210
days of credit under division (A) of this section if the offender	7211
committed that offense on or after ~~the effective date of this~~	7212
~~amendment~~September 30, 2011.	7213

(5) Except as provided in division (C) of this section, if	7214
the most serious offense for which the offender is confined is a	7215
felony of the third, fourth, or fifth degree or an unclassified	7216
felony and neither division (D)(2) nor (3) of this section applies	7217
to the offender, the offender may earn one day of credit under	7218
division (A) of this section if the offender committed that	7219
offense prior to ~~the effective date of this amendment~~September	7220
30, 2011, and the offender may earn five days of credit under	7221
division (A) of this section if the offender committed that	7222
offense on or after ~~the effective date of this amendment~~September	7223
30, 2011.	7224

(E) ~~If a court imposes a sentence including a prison term on~~	7225
~~or after the effective date of this amendment for a felony, and if~~	7226
~~the court is required to include notice of the type described in~~	7227
~~division (F)(3) of section 2929.14 of the Revised Code in the~~	7228
~~offender's sentence, the failure of the court to include the~~	7229
~~notice does not affect the eligibility of the offender under this~~	7230
~~section to earn any days of credit as a deduction from the~~	7231
~~offender's stated prison term or otherwise render any part of this~~	7232
~~section or any action taken under this section void or voidable~~	7233
~~and does not constitute grounds for setting aside the offender's~~	7234
~~conviction or sentence or for granting postconviction relief to~~	7235
~~the offender.~~	7236

~~(F)~~ The department annually shall seek and consider the	7237
written feedback of the Ohio prosecuting attorneys association,	7238
the Ohio judicial conference, the Ohio public defender, the Ohio	7239
association of criminal defense lawyers, and other organizations	7240
and associations that have an interest in the operation of the	7241
corrections system and the earned credits program under this	7242
section as part of its evaluation of the program and in	7243
determining whether to modify the program.	7244

~~(G)~~(F) As used in this section, "sexually oriented offense"	7245
has the same meaning as in section 2950.01 of the Revised Code.	7246

Sec. 2967.26. (A)(1) The department of rehabilitation and	7247
correction, by rule, may establish a transitional control program	7248
for the purpose of closely monitoring a prisoner's adjustment to	7249
community supervision during the final one hundred eighty days of	7250
the prisoner's confinement. If the department establishes a	7251
transitional control program under this division, the ~~adult parole~~	7252
~~authority~~division of parole and community services of the	7253
department of rehabilitation and correction may transfer eligible	7254
prisoners to transitional control status under the program during	7255
the final one hundred eighty days of their confinement and under	7256
the terms and conditions established by the department, shall	7257
provide for the confinement as provided in this division of each	7258
eligible prisoner so transferred, and shall supervise each	7259
eligible prisoner so transferred in one or more community control	7260
sanctions. Each eligible prisoner who is transferred to	7261
transitional control status under the program shall be confined in	7262
a suitable facility that is licensed pursuant to division (C) of	7263
section 2967.14 of the Revised Code, or shall be confined in a	7264
residence the department has approved for this purpose and be	7265
monitored pursuant to an electronic monitoring device, as defined	7266
in section 2929.01 of the Revised Code. If the department	7267
establishes a transitional control program under this division,	7268
the rules establishing the program shall include criteria that	7269
define which prisoners are eligible for the program, criteria that	7270
must be satisfied to be approved as a residence that may be used	7271
for confinement under the program of a prisoner that is	7272
transferred to it and procedures for the department to approve	7273
residences that satisfy those criteria, and provisions of the type	7274
described in division (C) of this section. At a minimum, the	7275
criteria that define which prisoners are eligible for the program	7276
shall provide all of the following:	7277

(a) That a prisoner is eligible for the program if the	7278
prisoner is serving a prison term or term of imprisonment for an	7279
offense committed prior to March 17, 1998, and if, at the time at	7280
which eligibility is being determined, the prisoner would have	7281
been eligible for a furlough under this section as it existed	7282
immediately prior to March 17, 1998, or would have been eligible	7283
for conditional release under former section 2967.23 of the	7284
Revised Code as that section existed immediately prior to March	7285
17, 1998;	7286

(b) That no prisoner who is serving a mandatory prison term	7287
is eligible for the program until after expiration of the	7288
mandatory term;	7289

(c) That no prisoner who is serving a prison term or term of	7290
life imprisonment without parole imposed pursuant to section	7291
2971.03 of the Revised Code is eligible for the program.	7292

(2) At least three weeks prior to transferring to	7293
transitional control under this section a prisoner who is serving	7294
a term of imprisonment or prison term for an offense committed on	7295
or after July 1, 1996, the ~~adult~~division of parole ~~authority~~and	7296
community services shall give notice of the pendency of the	7297
transfer to transitional control to the court of common pleas of	7298
the county in which the indictment against the prisoner was found	7299
and of the fact that the court may disapprove the transfer of the	7300
prisoner to transitional control and shall include a report	7301
prepared by the head of the state correctional institution in	7302
which the prisoner is confined. The head of the state correctional	7303
institution in which the prisoner is confined, upon the request of	7304
the ~~adult parole authority~~division of parole and community	7305
services, shall provide to the ~~authority~~division for inclusion in	7306
the notice sent to the court under this division a report on the	7307
prisoner's conduct in the institution and in any institution from	7308
which the prisoner may have been transferred. The report shall	7309
cover the prisoner's participation in school, vocational training,	7310
work, treatment, and other rehabilitative activities and any	7311
disciplinary action taken against the prisoner. If the court	7312
disapproves of the transfer of the prisoner to transitional	7313
control, the court shall notify the ~~authority~~division of the	7314
disapproval within thirty days after receipt of the notice. If the	7315
court timely disapproves the transfer of the prisoner to	7316
transitional control, the ~~authority~~division shall not proceed	7317
with the transfer. If the court does not timely disapprove the	7318
transfer of the prisoner to transitional control, the ~~authority~~	7319
division may transfer the prisoner to transitional control.	7320

(3) If the victim of an offense for which a prisoner was	7321
sentenced to a prison term or term of imprisonment has requested	7322
notification under section 2930.16 of the Revised Code and has	7323
provided the department of rehabilitation and correction with the	7324
victim's name and address, the ~~adult parole authority~~division of	7325
parole and community services, at least three weeks prior to	7326
transferring the prisoner to transitional control pursuant to this	7327
section, shall notify the victim of the pendency of the transfer	7328
and of the victim's right to submit a statement to the ~~authority~~	7329
division regarding the impact of the transfer of the prisoner to	7330
transitional control. If the victim subsequently submits a	7331
statement of that nature to the ~~authority~~division, the ~~authority~~	7332
division shall consider the statement in deciding whether to	7333
transfer the prisoner to transitional control.	7334

(4) The department of rehabilitation and correction, at least	7335
three weeks prior to transferring a prisoner to transitional	7336
control pursuant to this section, shall post on the database it	7337
maintains pursuant to section 5120.66 of the Revised Code the	7338
prisoner's name and all of the information specified in division	7339
(A)(1)(c)(iv) of that section. In addition to and independent of	7340
the right of a victim to submit a statement as described in	7341
division (A)(3) of this section or to otherwise make a statement	7342
and in addition to and independent of any other right or duty of a	7343
person to present information or make a statement, any person may	7344
send to the ~~adult parole authority~~division of parole and	7345
community services at any time prior to the ~~authority's~~	7346
division's transfer of the prisoner to transitional control a	7347
written statement regarding the transfer of the prisoner to	7348
transitional control. In addition to the information, reports, and	7349
statements it considers under divisions (A)(2) and (3) of this	7350
section or that it otherwise considers, the ~~authority~~division	7351
shall consider each statement submitted in accordance with this	7352
division in deciding whether to transfer the prisoner to	7353
transitional control.	7354

(B) Each prisoner transferred to transitional control under	7355
this section shall be confined in the manner described in division	7356
(A) of this section during any period of time that the prisoner is	7357
not actually working at the prisoner's approved employment,	7358
engaged in a vocational training or another educational program,	7359
engaged in another program designated by the director, or engaged	7360
in other activities approved by the department.	7361

(C) The department of rehabilitation and correction shall	7362
adopt rules for transferring eligible prisoners to transitional	7363
control, supervising and confining prisoners so transferred,	7364
administering the transitional control program in accordance with	7365
this section, and using the moneys deposited into the transitional	7366
control fund established under division (E) of this section.	7367

(D) The department of rehabilitation and correction may adopt	7368
rules for the issuance of passes for the limited purposes	7369
described in this division to prisoners who are transferred to	7370
transitional control under this section. If the department adopts	7371
rules of that nature, the rules shall govern the granting of the	7372
passes and shall provide for the supervision of prisoners who are	7373
temporarily released pursuant to one of those passes. Upon the	7374
adoption of rules under this division, the department may issue	7375
passes to prisoners who are transferred to transitional control	7376
status under this section in accordance with the rules and the	7377
provisions of this division. All passes issued under this division	7378
shall be for a maximum of forty-eight hours and may be issued only	7379
for the following purposes:	7380

(1) To visit a relative in imminent danger of death;

7381

(2) To have a private viewing of the body of a deceased	7382
relative;	7383

(3) To visit with family;

7384

(4) To otherwise aid in the rehabilitation of the prisoner.

7385

(E) The ~~adult parole authority~~division of parole and	7386
community services may require a prisoner who is transferred to	7387
transitional control to pay to the division ~~of parole and~~	7388
~~community services~~ the reasonable expenses incurred by the	7389
division in supervising or confining the prisoner while under	7390
transitional control. Inability to pay those reasonable expenses	7391
shall not be grounds for refusing to transfer an otherwise	7392
eligible prisoner to transitional control. Amounts received by the	7393
division of parole and community services under this division	7394
shall be deposited into the transitional control fund, which is	7395
hereby created in the state treasury and which hereby replaces and	7396
succeeds the furlough services fund that formerly existed in the	7397
state treasury. All moneys that remain in the furlough services	7398
fund on March 17, 1998, shall be transferred on that date to the	7399
transitional control fund. The transitional control fund shall be	7400
used solely to pay costs related to the operation of the	7401
transitional control program established under this section. The	7402
director of rehabilitation and correction shall adopt rules in	7403
accordance with section 111.15 of the Revised Code for the use of	7404
the fund.	7405

(F) A prisoner who violates any rule established by the	7406
department of rehabilitation and correction under division (A),	7407
(C), or (D) of this section may be transferred to a state	7408
correctional institution pursuant to rules adopted under division	7409
(A), (C), or (D) of this section, but the prisoner shall receive	7410
credit towards completing the prisoner's sentence for the time	7411
spent under transitional control.	7412

If a prisoner is transferred to transitional control under	7413
this section, upon successful completion of the period of	7414
transitional control, the prisoner may be released on parole or	7415
under post-release control pursuant to section 2967.13 or 2967.28	7416
of the Revised Code and rules adopted by the department of	7417
rehabilitation and correction. If the prisoner is released under	7418
post-release control, the duration of the post-release control,	7419
the type of post-release control sanctions that may be imposed,	7420
the enforcement of the sanctions, and the treatment of prisoners	7421
who violate any sanction applicable to the prisoner are governed	7422
by section 2967.28 of the Revised Code.	7423

Sec. 3119.01. (A) As used in the Revised Code, "child	7424
support enforcement agency" means a child support enforcement	7425
agency designated under former section 2301.35 of the Revised Code	7426
prior to October 1, 1997, or a private or government entity	7427
designated as a child support enforcement agency under section	7428
307.981 of the Revised Code.	7429

(B) As used in this chapter and Chapters 3121., 3123., and	7430
3125. of the Revised Code:	7431

(1) "Administrative child support order" means any order	7432
issued by a child support enforcement agency for the support of a	7433
child pursuant to section 3109.19 or 3111.81 of the Revised Code	7434
or former section 3111.211 of the Revised Code, section 3111.21 of	7435
the Revised Code as that section existed prior to January 1, 1998,	7436
or section 3111.20 or 3111.22 of the Revised Code as those	7437
sections existed prior to March 22, 2001.	7438

(2) "Child support order" means either a court child support	7439
order or an administrative child support order.	7440

(3) "Obligee" means the person who is entitled to receive the	7441
support payments under a support order.	7442

(4) "Obligor" means the person who is required to pay support	7443
under a support order.	7444

(5) "Support order" means either an administrative child	7445
support order or a court support order.	7446

7447

(1) "Combined gross income" means the combined gross income	7448
of both parents.	7449

(2) "Court child support order" means any order issued by a	7450
court for the support of a child pursuant to Chapter 3115. of the	7451
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,	7452
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13,	7453
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised	7454
Code, or division (B) of former section 3113.21 of the Revised	7455
Code.	7456

(3) "Court support order" means either a court child support	7457
order or an order for the support of a spouse or former spouse	7458
issued pursuant to Chapter 3115. of the Revised Code, section	7459
3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B)	7460
of former section 3113.21 of the Revised Code.	7461

(4) "Extraordinary medical expenses" means any uninsured	7462
medical expenses incurred for a child during a calendar year that	7463
exceed one hundred dollars.	7464

(5) "Income" means either of the following:

7465

(a) For a parent who is employed to full capacity, the gross	7466
income of the parent;	7467

(b) For a parent who is unemployed or underemployed, the sum	7468
of the gross income of the parent and any potential income of the	7469
parent.	7470

(6) "Insurer" means any person authorized under Title XXXIX	7471
of the Revised Code to engage in the business of insurance in this	7472
state, any health insuring corporation, and any legal entity that	7473
is self-insured and provides benefits to its employees or members.	7474

(7) "Gross income" means, except as excluded in division	7475
(C)(7) of this section, the total of all earned and unearned	7476
income from all sources during a calendar year, whether or not the	7477
income is taxable, and includes income from salaries, wages,	7478
overtime pay, and bonuses to the extent described in division (D)	7479
of section 3119.05 of the Revised Code; commissions; royalties;	7480
tips; rents; dividends; severance pay; pensions; interest; trust	7481
income; annuities; social security benefits, including retirement,	7482
disability, and survivor benefits that are not means-tested;	7483
workers' compensation benefits; unemployment insurance benefits;	7484
disability insurance benefits; benefits that are not means-tested	7485
and that are received by and in the possession of the veteran who	7486
is the beneficiary for any service-connected disability under a	7487
program or law administered by the United States department of	7488
veterans' affairs or veterans' administration; spousal support	7489
actually received; and all other sources of income. "Gross income"	7490
includes income of members of any branch of the United States	7491
armed services or national guard, including, amounts representing	7492
base pay, basic allowance for quarters, basic allowance for	7493
subsistence, supplemental subsistence allowance, cost of living	7494
adjustment, specialty pay, variable housing allowance, and pay for	7495
training or other types of required drills; self-generated income;	7496
and potential cash flow from any source.	7497

"Gross income" does not include any of the following:

7498

(a) Benefits received from means-tested government	7499
administered programs, including Ohio works first; prevention,	7500
retention, and contingency; means-tested veterans' benefits;	7501
supplemental security income; supplemental nutrition assistance	7502
program; disability financial assistance; or other assistance for	7503
which eligibility is determined on the basis of income or assets;	7504

(b) Benefits for any service-connected disability under a	7505
program or law administered by the United States department of	7506
veterans' affairs or veterans' administration that are not	7507
means-tested, that have not been distributed to the veteran who is	7508
the beneficiary of the benefits, and that are in the possession of	7509
the United States department of veterans' affairs or veterans'	7510
administration;	7511

(c) Child support received for children who were not born or	7512
adopted during the marriage at issue;	7513

(d) Amounts paid for mandatory deductions from wages such as	7514
union dues but not taxes, social security, or retirement in lieu	7515
of social security;	7516

(e) Nonrecurring or unsustainable income or cash flow items;

7517

(f) Adoption assistance and foster care maintenance payments	7518
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.	7519
501, 42 U.S.C.A. 670 (1980), as amended.	7520

(8) "Nonrecurring or unsustainable income or cash flow item"	7521
means an income or cash flow item the parent receives in any year	7522
or for any number of years not to exceed three years that the	7523
parent does not expect to continue to receive on a regular basis.	7524
"Nonrecurring or unsustainable income or cash flow item" does not	7525
include a lottery prize award that is not paid in a lump sum or	7526
any other item of income or cash flow that the parent receives or	7527
expects to receive for each year for a period of more than three	7528
years or that the parent receives and invests or otherwise uses to	7529
produce income or cash flow for a period of more than three years.	7530

(9)(a) "Ordinary and necessary expenses incurred in	7531
generating gross receipts" means actual cash items expended by the	7532
parent or the parent's business and includes depreciation expenses	7533
of business equipment as shown on the books of a business entity.	7534

(b) Except as specifically included in "ordinary and	7535
necessary expenses incurred in generating gross receipts" by	7536
division (C)(9)(a) of this section, "ordinary and necessary	7537
expenses incurred in generating gross receipts" does not include	7538
depreciation expenses and other noncash items that are allowed as	7539
deductions on any federal tax return of the parent or the parent's	7540
business.	7541

(10) "Personal earnings" means compensation paid or payable	7542
for personal services, however denominated, and includes wages,	7543
salary, commissions, bonuses, draws against commissions, profit	7544
sharing, vacation pay, or any other compensation.	7545

(11) "Potential income" means both of the following for a	7546
parent who the court pursuant to a court support order, or a child	7547
support enforcement agency pursuant to an administrative child	7548
support order, determines is voluntarily unemployed or voluntarily	7549
underemployed:	7550

(a) Imputed income that the court or agency determines the	7551
parent would have earned if fully employed as determined from the	7552
following criteria:	7553

(i) The parent's prior employment experience;

7554

(ii) The parent's education;

7555

(iii) The parent's physical and mental disabilities, if any;

7556

(iv) The availability of employment in the geographic area in	7557
which the parent resides;	7558

(v) The prevailing wage and salary levels in the geographic	7559
area in which the parent resides;	7560

(vi) The parent's special skills and training;

7561

(vii) Whether there is evidence that the parent has the	7562
ability to earn the imputed income;	7563

(viii) The age and special needs of the child for whom child	7564
support is being calculated under this section;	7565

(ix) The parent's increased earning capacity because of	7566
experience;	7567

(x) The parent's decreased earning capacity because of a	7568
felony conviction;	7569

(xi) Any other relevant factor.

7570

(b) Imputed income from any nonincome-producing assets of a	7571
parent, as determined from the local passbook savings rate or	7572
another appropriate rate as determined by the court or agency, not	7573
to exceed the rate of interest specified in division (A) of	7574
section 1343.03 of the Revised Code, if the income is significant.	7575

(12) "Schedule" means the basic child support schedule set	7576
forth in section 3119.021 of the Revised Code.	7577

(13) "Self-generated income" means gross receipts received by	7578
a parent from self-employment, proprietorship of a business, joint	7579
ownership of a partnership or closely held corporation, and rents	7580
minus ordinary and necessary expenses incurred by the parent in	7581
generating the gross receipts. "Self-generated income" includes	7582
expense reimbursements or in-kind payments received by a parent	7583
from self-employment, the operation of a business, or rents,	7584
including company cars, free housing, reimbursed meals, and other	7585
benefits, if the reimbursements are significant and reduce	7586
personal living expenses.	7587

(14) "Split parental rights and responsibilities" means a	7588
situation in which there is more than one child who is the subject	7589
of an allocation of parental rights and responsibilities and each	7590
parent is the residential parent and legal custodian of at least	7591
one of those children.	7592

(15) "Worksheet" means the applicable worksheet that is used	7593
to calculate a parent's child support obligation as set forth in	7594
sections 3119.022 and 3119.023 of the Revised Code.	7595

Sec. 3119.05. When a court computes the amount of child	7596
support required to be paid under a court child support order or a	7597
child support enforcement agency computes the amount of child	7598
support to be paid pursuant to an administrative child support	7599
order, all of the following apply:	7600

(A) The parents' current and past income and personal	7601
earnings shall be verified by electronic means or with suitable	7602
documents, including, but not limited to, paystubs, employer	7603
statements, receipts and expense vouchers related to	7604
self-generated income, tax returns, and all supporting	7605
documentation and schedules for the tax returns.	7606

(B) The amount of any pre-existing child support obligation	7607
of a parent under a child support order and the amount of any	7608
court-ordered spousal support actually paid shall be deducted from	7609
the gross income of that parent to the extent that payment under	7610
the child support order or that payment of the court-ordered	7611
spousal support is verified by supporting documentation.	7612

(C) If other minor children who were born to the parent and a	7613
person other than the other parent who is involved in the	7614
immediate child support determination live with the parent, the	7615
court or agency shall deduct an amount from that parent's gross	7616
income that equals the number of such minor children times the	7617
federal income tax exemption for such children less child support	7618
received for them for the year, not exceeding the federal income	7619
tax exemption.	7620

(D) When the court or agency calculates the gross income of a	7621
parent, it shall include the lesser of the following as income	7622
from overtime and bonuses:	7623

(1) The yearly average of all overtime, commissions, and	7624
bonuses received during the three years immediately prior to the	7625
time when the person's child support obligation is being computed;	7626

(2) The total overtime, commissions, and bonuses received	7627
during the year immediately prior to the time when the person's	7628
child support obligation is being computed.	7629

(E) When the court or agency calculates the gross income of a	7630
parent, it shall not include any income earned by the spouse of	7631
that parent.	7632

(F) The court shall issue a separate order for extraordinary	7633
medical or dental expenses, including, but not limited to,	7634
orthodontia, psychological, appropriate private education, and	7635
other expenses, and may consider the expenses in adjusting a child	7636
support order.	7637

(G) When a court or agency calculates the amount of child	7638
support to be paid pursuant to a court child support order or an	7639
administrative child support order, if the combined gross income	7640
of both parents is an amount that is between two amounts set forth	7641
in the first column of the schedule, the court or agency may use	7642
the basic child support obligation that corresponds to the higher	7643
of the two amounts in the first column of the schedule, use the	7644
basic child support obligation that corresponds to the lower of	7645
the two amounts in the first column of the schedule, or calculate	7646
a basic child support obligation that is between those two amounts	7647
and corresponds proportionally to the parents' actual combined	7648
gross income.	7649

(H) When the court or agency calculates gross income, the	7650
court or agency, when appropriate, may average income over a	7651
reasonable period of years.	7652

(I) AUnless it would be unjust or inappropriate and	7653
therefore not in the best interests of the child, a court or	7654
agency shall not determine a parent ~~receiving means-tested public~~	7655
~~assistance benefits~~ to be voluntarily unemployed or underemployed	7656
and shall not impute income to that parent~~, unless not making such~~	7657
~~determination and not imputing income would be unjust,~~	7658
~~inappropriate, and not in the best interest of the child~~if either	7659
of the following conditions exist:	7660

(1) The parent is receiving recurring monetary income from	7661
means-tested public assistance benefits, including cash assistance	7662
payments under the Ohio works first program established under	7663
Chapter 5107. of the Revised Code, financial assistance under the	7664
disability financial assistance program established under Chapter	7665
5115. of the Revised Code, supplemental security income, or	7666
means-tested veterans' benefits;	7667

(2) The parent is incarcerated or institutionalized for a	7668
period of twelve months or more with no other available assets,	7669
unless the parent is incarcerated for an offense relating to the	7670
abuse or neglect of a child who is the subject of the support	7671
order or an offense under Title XXIX of the Revised Code when the	7672
obligee or a child who is the subject of the support order is a	7673
victim of the offense.	7674

(J) When a court or agency requires a parent to pay an amount	7675
for that parent's failure to support a child for a period of time	7676
prior to the date the court modifies or issues a court child	7677
support order or an agency modifies or issues an administrative	7678
child support order for the current support of the child, the	7679
court or agency shall calculate that amount using the basic child	7680
support schedule, worksheets, and child support laws in effect,	7681
and the incomes of the parents as they existed, for that prior	7682
period of time.	7683

(K) A court or agency may disregard a parent's additional	7684
income from overtime or additional employment when the court or	7685
agency finds that the additional income was generated primarily to	7686
support a new or additional family member or members, or under	7687
other appropriate circumstances.	7688

(L) If both parents involved in the immediate child support	7689
determination have a prior order for support relative to a minor	7690
child or children born to both parents, the court or agency shall	7691
collect information about the existing order or orders and	7692
consider those together with the current calculation for support	7693
to ensure that the total of all orders for all children of the	7694
parties does not exceed the amount that would have been ordered if	7695
all children were addressed in a single judicial or administrative	7696
proceeding.	7697

Sec. 3123.58. (A) On receipt of a notice pursuant to section	7698
3123.54 of the Revised Code, the registrar of motor vehicles shall	7699
determine whether the individual named in the notice holds or has	7700
applied for a driver's license or commercial driver's license,	7701
motorcycle operator's license or endorsement, or temporary	7702
instruction permit or commercial driver's temporary instruction	7703
permit. If the registrar determines that the individual holds or	7704
has applied for a license, permit, or endorsement and the	7705
individual is the individual named in the notice and does not	7706
receive a notice pursuant to section 3123.56 or 3123.57 of the	7707
Revised Code, the registrar immediately shall provide notice of	7708
the determination to each deputy registrar. The registrar or a	7709
deputy registrar may not issue to the individual a driver's or	7710
commercial driver's license, motorcycle operator's license or	7711
endorsement, or temporary instruction permit or commercial	7712
driver's temporary instruction permit and may not renew for the	7713
individual a driver's or commercial driver's license, motorcycle	7714
operator's license or endorsement, or commercial driver's	7715
temporary instruction permit. The registrar or a deputy registrar	7716
also shall impose a class F suspension of the license, permit, or	7717
endorsement held by the individual under division (B)(6) of	7718
section 4510.02 of the Revised Code.	7719

(B)(1) A court may grant an individual whose license, permit,	7720
or endorsement is suspended under this section limited driving	7721
privileges in accordance with division (B) of section 4510.021 of	7722
the Revised Code pursuant to a request made during an action for	7723
contempt initiated under section 2705.031 of the Revised Code.	7724
Prior to granting privileges under this division, the court shall	7725
request the accused to provide the court with a recent	7726
noncertified copy of a driver's abstract from the registrar of	7727
motor vehicles and shall request the child support enforcement	7728
agency that issued the notice pursuant to section 3123.54 of the	7729
Revised Code relative to the individual to advise the court,	7730
either in person through a representative testifying at a hearing	7731
or through a written document, the position of the agency relative	7732
to the issue of the granting of privileges to the individual. The	7733
court, in determining whether to grant the individual privileges	7734
under this division, shall take into consideration the position of	7735
the agency, but the court is not bound by the position of the	7736
agency.	7737

(2) A court that grants limited driving privileges to a	7738
person under division (B)(1) of this section shall deliver to the	7739
person a permit card, in a form to be prescribed by the court,	7740
setting forth the date on which the limited privileges will become	7741
effective, the purposes for which the person may drive, the times	7742
and places at which the person may drive, and any other conditions	7743
imposed upon the person's use of a motor vehicle.	7744

(3) The court immediately shall notify the registrar, in	7745
writing, of a grant of limited driving privileges under division	7746
(B)(1) of this section. The notification shall specify the date on	7747
which the limited driving privileges will become effective, the	7748
purposes for which the person may drive, and any other conditions	7749
imposed upon the person's use of a motor vehicle.	7750

(C) If a person who has been granted limited driving	7751
privileges under division (B)(1) of this section is convicted of,	7752
pleads guilty to, or is adjudicated in juvenile court of having	7753
committed a violation of Chapter 4510. of the Revised Code or any	7754
similar municipal ordinance during the period of which the person	7755
was granted limited driving privileges, the person's limited	7756
driving privileges shall be suspended immediately pending a	7757
reinstatement hearing.	7758

Sec. 3772.10. (A) In determining whether to grant or maintain	7759
the privilege of a casino operator, management company, holding	7760
company, key employee, casino gaming employee, or gaming-related	7761
vendor license, the Ohio casino control commission shall consider	7762
all of the following, as applicable:	7763

(1) The reputation, experience, and financial integrity of	7764
the applicant, its holding company, if applicable, and any other	7765
person that directly or indirectly controls the applicant;	7766

(2) The financial ability of the applicant to purchase and	7767
maintain adequate liability and casualty insurance and to provide	7768
an adequate surety bond;	7769

(3) The past and present compliance of the applicant and its	7770
affiliates or affiliated companies with casino-related licensing	7771
requirements in this state or any other jurisdiction, including	7772
whether the applicant has a history of noncompliance with the	7773
casino licensing requirements of any jurisdiction;	7774

(4) If the applicant has been indicted, convicted, pleaded	7775
guilty or no contest, or forfeited bail concerning any criminal	7776
offense under the laws of any jurisdiction, either felony or	7777
misdemeanor, not including traffic violations;	7778

(5) If the applicant has filed, or had filed against it a	7779
proceeding for bankruptcy or has ever been involved in any formal	7780
process to adjust, defer, suspend, or otherwise work out the	7781
payment of any debt;	7782

(6) If the applicant has been served with a complaint or	7783
other notice filed with any public body regarding a payment of any	7784
tax required under federal, state, or local law that has been	7785
delinquent for one or more years;	7786

(7) If the applicant is or has been a defendant in litigation	7787
involving its business practices;	7788

(8) If awarding a license would undermine the public's	7789
confidence in the casino gaming industry in this state;	7790

(9) If the applicant meets other standards for the issuance	7791
of a license that the commission adopts by rule, which shall not	7792
be arbitrary, capricious, or contradictory to the expressed	7793
provisions of this chapter.	7794

(B) All applicants for a license under this chapter shall	7795
establish their suitability for a license by clear and convincing	7796
evidence. If the commission determines that a person is eligible	7797
under this chapter to be issued a license as a casino operator,	7798
management company, holding company, key employee, casino gaming	7799
employee, or gaming-related vendor, the commission shall issue	7800
such license for not more than three years, as determined by	7801
commission rule, if all other requirements of this chapter have	7802
been satisfied.	7803

(C) The commission shall not issue a casino operator,	7804
management company, holding company, key employee, casino gaming	7805
employee, or gaming-related vendor license under this chapter to	7806
an applicant if:	7807

(1) The applicant has been convicted of a disqualifying	7808
offense, as defined in section 3772.07 of the Revised Code.	7809

(2) The applicant has submitted an application for license	7810
under this chapter that contains false information.	7811

(3) The applicant is a commission member.

7812

(4) The applicant owns an ownership interest that is unlawful	7813
under this chapter, unless waived by the commission.	7814

(5) The applicant violates specific rules adopted by the	7815
commission related to denial of licensure.	7816

(6) The applicant is a member of or employed by a gaming	7817
regulatory body of a governmental unit in this state, another	7818
state, or the federal government, or is employed by a governmental	7819
unit of this state. This division does not prohibit a casino	7820
operator from hiring special duty law enforcement officers if the	7821
officers are not specifically involved in gaming-related	7822
regulatory functions.	7823

(7) The commission otherwise determines the applicant is	7824
ineligible for the license.	7825

(D)(1) The commission shall investigate the qualifications of	7826
each applicant under this chapter before any license is issued and	7827
before any finding with regard to acts or transactions for which	7828
commission approval is required is made. The commission shall	7829
continue to observe the conduct of all licensees and all other	7830
persons having a material involvement directly or indirectly with	7831
a casino operator, management company, or holding company to	7832
ensure that licenses are not issued to or held by, or that there	7833
is not any material involvement with a casino operator, management	7834
company, or holding company by, an unqualified, disqualified, or	7835
unsuitable person or a person whose operations are conducted in an	7836
unsuitable manner or in unsuitable or prohibited places or	7837
locations.	7838

(2) The executive director may recommend to the commission	7839
that it deny any application, or limit, condition, or restrict, or	7840
suspend or revoke, any license or finding, or impose any fine upon	7841
any licensee or other person according to this chapter and the	7842
rules adopted thereunder.	7843

(3) A license issued under this chapter is a revocable	7844
privilege. No licensee has a vested right in or under any license	7845
issued under this chapter. The initial determination of the	7846
commission to deny, or to limit, condition, or restrict, a license	7847
may be appealed under section 2505.03 of the Revised Code.	7848

(E)(1) An institutional investor otherwise required to be	7849
found suitable or qualified under this chapter and the rules	7850
adopted under this chapter shall be presumed suitable or qualified	7851
upon submitting documentation sufficient to establish	7852
qualifications as an institutional investor and upon certifying	7853
all of the following:	7854

(a) The institutional investor owns, holds, or controls	7855
publicly traded securities issued by a licensee or holding,	7856
intermediate, or parent company of a licensee or in the ordinary	7857
course of business for investment purposes only.	7858

(b) The institutional investor does not exercise influence	7859
over the affairs of the issuer of such securities nor over any	7860
licensed subsidiary of the issuer of such securities.	7861

(c) The institutional investor does not intend to exercise	7862
influence over the affairs of the issuer of such securities, nor	7863
over any licensed subsidiary of the issuer of such securities, in	7864
the future, and that it agrees to notify the commission in writing	7865
within thirty days if such intent changes.	7866

(2) The exercise of voting privileges with regard to publicly	7867
traded securities shall not be deemed to constitute the exercise	7868
of influence over the affairs of a licensee.	7869

(3) The commission shall rescind the presumption of	7870
suitability for an institutional investor at any time if the	7871
institutional investor exercises or intends to exercise influence	7872
or control over the affairs of the licensee.	7873

(4) This division shall not be construed to preclude the	7874
commission from investigating the suitability or qualifications of	7875
an institutional investor if the commission becomes aware of facts	7876
or information that may result in the institutional investor being	7877
found unsuitable or disqualified.	7878

(F) Information provided on the application shall be used as	7879
a basis for a thorough background investigation of each applicant.	7880
A false or incomplete application is cause for denial of a license	7881
by the commission. All applicants and licensees shall consent to	7882
inspections, searches, and seizures and to the disclosure to the	7883
commission and its agents of confidential records, including tax	7884
records, held by any federal, state, or local agency, credit	7885
bureau, or financial institution and to provide handwriting	7886
exemplars, photographs, fingerprints, and information as	7887
authorized in this chapter and in rules adopted by the commission.	7888

(G) The commission shall provide a written statement to each	7889
applicant for a license under this chapter who is denied the	7890
license that describes the reason or reasons for which the	7891
applicant was denied the license.	7892

(H) Not later than January 31 in each calendar year, the	7893
commission shall provide to the general assembly and the governor	7894
a report that, for each type of license issued under this chapter,	7895
specifies the number of applications made in the preceding	7896
calendar year for each type of such license, the number of	7897
applications denied in the preceding calendar year for each type	7898
of such license, and the reasons for those denials. The	7899
information regarding the reasons for the denials shall specify	7900
each reason that resulted in, or that was a factor resulting in,	7901
denial for each type of license issued under this chapter and, for	7902
each of those reasons, the total number of denials for each such	7903
type that involved that reason.	7904

Sec. 4301.99. (A) Whoever violates section 4301.47, 4301.48,	7905
4301.49, 4301.62, or 4301.70 or division (C) of section 4301.65 or	7906
division (B) of section 4301.691 of the Revised Code is guilty of	7907
a minor misdemeanor.	7908

(B) Whoever violates section 4301.15, division (A)(2) or (C)	7909
of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I)	7910
of section 4301.631, or section 4301.64 or 4301.67 of the Revised	7911
Code is guilty of a misdemeanor of the fourth degree.	7912

If an offender who violates section 4301.64 of the Revised	7913
Code was under the age of eighteen years at the time of the	7914
offense, the court, in addition to any other penalties it imposes	7915
upon the offender, ~~shall~~may suspend the offender's temporary	7916
instruction permit, probationary driver's license, or driver's	7917
license for a period of not less than six months and not more than	7918
one year. In lieu of suspending the offender's temporary	7919
instruction permit, probationary driver's license, or driver's	7920
license, the court instead may require the offender to perform	7921
community service for a number of hours determined by the court.	7922
If the offender is fifteen years and six months of age or older	7923
and has not been issued a temporary instruction permit or	7924
probationary driver's license, the offender shall not be eligible	7925
to be issued such a license or permit for a period of six months.	7926
If the offender has not attained the age of fifteen years and six	7927
months, the offender shall not be eligible to be issued a	7928
temporary instruction permit until the offender attains the age of	7929
sixteen years.	7930

(C) Whoever violates division (D) of section 4301.21, section	7931
4301.251, 4301.58, 4301.59, 4301.60, 4301.633, 4301.66, 4301.68,	7932
or 4301.74, division (B), (C), (D), (E)(1), or (F) of section	7933
4301.69, or division (C), (D), (E), (F), (G), or (I) of section	7934
4301.691 of the Revised Code is guilty of a misdemeanor of the	7935
first degree.	7936

If an offender who violates division (E)(1) of section	7937
4301.69 of the Revised Code was under the age of eighteen years at	7938
the time of the offense and the offense occurred while the	7939
offender was the operator of or a passenger in a motor vehicle,	7940
the court, in addition to any other penalties it imposes upon the	7941
offender, shall suspend the offender's temporary instruction	7942
permit or probationary driver's license for a period of not less	7943
than six months and not more than one year. If the offender is	7944
fifteen years and six months of age or older and has not been	7945
issued a temporary instruction permit or probationary driver's	7946
license, the offender shall not be eligible to be issued such a	7947
license or permit for a period of six months. If the offender has	7948
not attained the age of fifteen years and six months, the offender	7949
shall not be eligible to be issued a temporary instruction permit	7950
until the offender attains the age of sixteen years.	7951

(D) Whoever violates division (B) of section 4301.14, or	7952
division (A)(1) or (3) or (B) of section 4301.22 of the Revised	7953
Code is guilty of a misdemeanor of the third degree.	7954

(E) Whoever violates section 4301.63 or division (B) of	7955
section 4301.631 of the Revised Code shall be fined not less than	7956
twenty-five nor more than one hundred dollars. The court imposing	7957
a fine for a violation of section 4301.63 or division (B) of	7958
section 4301.631 of the Revised Code may order that the fine be	7959
paid by the performance of public work at a reasonable hourly rate	7960
established by the court. The court shall designate the time	7961
within which the public work shall be completed.	7962

(F)(1) Whoever violates section 4301.634 of the Revised Code	7963
is guilty of a misdemeanor of the first degree. If, in committing	7964
a first violation of that section, the offender presented to the	7965
permit holder or the permit holder's employee or agent a false,	7966
fictitious, or altered identification card, a false or fictitious	7967
driver's license purportedly issued by any state, or a driver's	7968
license issued by any state that has been altered, the offender is	7969
guilty of a misdemeanor of the first degree and shall be fined not	7970
less than two hundred fifty and not more than one thousand	7971
dollars, and may be sentenced to a term of imprisonment of not	7972
more than six months.	7973

(2) On a second violation in which, for the second time, the	7974
offender presented to the permit holder or the permit holder's	7975
employee or agent a false, fictitious, or altered identification	7976
card, a false or fictitious driver's license purportedly issued by	7977
any state, or a driver's license issued by any state that has been	7978
altered, the offender is guilty of a misdemeanor of the first	7979
degree and shall be fined not less than five hundred nor more than	7980
one thousand dollars, and may be sentenced to a term of	7981
imprisonment of not more than six months. The court also may	7982
impose a class seven suspension of the offender's driver's or	7983
commercial driver's license or permit or nonresident operating	7984
privilege from the range specified in division (A)(7) of section	7985
4510.02 of the Revised Code.	7986

(3) On a third or subsequent violation in which, for the	7987
third or subsequent time, the offender presented to the permit	7988
holder or the permit holder's employee or agent a false,	7989
fictitious, or altered identification card, a false or fictitious	7990
driver's license purportedly issued by any state, or a driver's	7991
license issued by any state that has been altered, the offender is	7992
guilty of a misdemeanor of the first degree and shall be fined not	7993
less than five hundred nor more than one thousand dollars, and may	7994
be sentenced to a term of imprisonment of not more than six	7995
months. ~~The~~Except as provided in this division, the court also	7996
~~shall~~may impose a class six suspension of the offender's driver's	7997
or commercial driver's license or permit or nonresident operating	7998
privilege from the range specified in division (A)(6) of section	7999
4510.02 of the Revised Code, and the court may order that the	8000
suspension or denial remain in effect until the offender attains	8001
the age of twenty-one years. The court ~~also~~, in lieu of suspending	8002
the offender's temporary instruction permit, probationary driver's	8003
license, or driver's license, instead may order the offender to	8004
perform a determinate number of hours of community service, with	8005
the court determining the actual number of hours and the nature of	8006
the community service the offender shall perform.	8007

(G) Whoever violates section 4301.636 of the Revised Code is	8008
guilty of a felony of the fifth degree.	8009

(H) Whoever violates division (A)(1) of section 4301.22 of	8010
the Revised Code is guilty of a misdemeanor, shall be fined not	8011
less than five hundred and not more than one thousand dollars,	8012
and, in addition to the fine, may be imprisoned for a definite	8013
term of not more than sixty days.	8014

(I) Whoever violates division (A) of section 4301.69 or	8015
division (H) of section 4301.691 of the Revised Code is guilty of	8016
a misdemeanor, shall be fined not less than five hundred and not	8017
more than one thousand dollars, and, in addition to the fine, may	8018
be imprisoned for a definite term of not more than six months.	8019

(J) Whoever violates division (B) of section 4301.65 of the	8020
Revised Code is guilty of a misdemeanor of the third degree. For a	8021
second or subsequent violation occurring within a period of five	8022
consecutive years after the first violation, a person is guilty of	8023
a misdemeanor of the first degree.	8024

Sec. 4501.02. (A) There is hereby created in the department	8025
of public safety a bureau of motor vehicles, which shall be	8026
administered by a registrar of motor vehicles. The registrar shall	8027
be appointed by the director of public safety and shall serve at	8028
the director's pleasure.	8029

The registrar shall administer the laws of the state relative	8030
to the registration of and certificates of title for motor	8031
vehicles, and the licensing of motor vehicle dealers, motor	8032
vehicle leasing dealers, distributors, and salespersons, and of	8033
motor vehicle salvage dealers, salvage motor vehicle auctions, and	8034
salvage motor vehicle pools. The registrar also shall, in	8035
accordance with section 4503.61 of the Revised Code, take those	8036
steps necessary to enter this state into membership in the	8037
international registration plan and carry out the registrar's	8038
other duties under that section. The registrar, with the approval	8039
of the director of public safety, may do all of the following:	8040

(1) Adopt such forms and rules as are necessary to carry out	8041
all laws the registrar is required to administer;	8042

(2) Appoint such number of assistants, deputies, clerks,	8043
stenographers, and other employees as are necessary to carry out	8044
such laws;	8045

(3) Acquire or lease such facilities as are necessary to	8046
carry out the duties of the registrar's office;	8047

(4) Apply for, allocate, disburse, and account for grants	8048
made available under federal law or from other federal, state, or	8049
private sources;	8050

(5) Establish accounts in a bank or depository and deposit	8051
any funds collected by the registrar in those accounts to the	8052
credit of "state of Ohio, bureau of motor vehicles." Within three	8053
days after the deposit of funds in such an account, the registrar	8054
shall draw on that account in favor of the treasurer of state. The	8055
registrar may reserve funds against the draw to the treasurer of	8056
state to the extent reasonably necessary to ensure that the	8057
deposited items are not dishonored. The registrar may pay any	8058
service charge usually collected by the bank or depository;	8059

(6) Develop rules that establish disqualifying offenses for	8060
licensure as a motor vehicle salvage dealer pursuant to sections	8061
4738.04, 4738.07, and 4776.10 of the Revised Code.	8062

The registrar shall give a bond for the faithful performance	8063
of the registrar's duties in such amount and with such security as	8064
the director approves. When in the opinion of the director it is	8065
advisable, any deputy or other employee may be required to give	8066
bond in such amount and with such security as the director	8067
approves. In the discretion of the director, the bonds authorized	8068
to be taken on deputies or other employees may be individual,	8069
schedule, or blanket bonds.	8070

The director of public safety may investigate the activities	8071
of the bureau and have access to its records at any time, and the	8072
registrar shall make a report to the director at any time upon	8073
request.	8074

All laws relating to the licensing of motor vehicle dealers,	8075
motor vehicle leasing dealers, distributors, and salespersons, and	8076
of motor vehicle salvage dealers, salvage motor vehicle auctions,	8077
and salvage motor vehicle pools, designating and granting power to	8078
the registrar shall be liberally construed to the end that the	8079
practice or commission of fraud in the business of selling motor	8080
vehicles and of disposing of salvage motor vehicles may be	8081
prohibited and prevented.	8082

(B) There is hereby created in the department of public	8083
safety a division of emergency medical services, which shall be	8084
administered by an executive director of emergency medical	8085
services appointed under section 4765.03 of the Revised Code.	8086

Sec. 4503.233. (A)(1) If a court is required to order the	8087
immobilization of a vehicle for a specified period of time	8088
pursuant to section 4510.11, 4510.14, ~~4510.16,~~ 4510.161, 4510.41,	8089
4511.19, 4511.193, or 4511.203 of the Revised Code, the court,	8090
subject to section 4503.235 of the Revised Code, shall issue the	8091
immobilization order in accordance with this division and for the	8092
period of time specified in the particular section, and the	8093
immobilization under the order shall be in accordance with this	8094
section. The court, at the time of sentencing the offender for the	8095
offense relative to which the immobilization order is issued or as	8096
soon thereafter as is practicable, shall give a copy of the order	8097
to the offender or the offender's counsel. The court promptly	8098
shall send a copy of the order to the registrar on a form	8099
prescribed by the registrar and to the person or agency it	8100
designates to execute the order.	8101

The order shall indicate the date on which it is issued,	8102
shall identify the vehicle that is subject to the order, and shall	8103
specify all of the following:	8104

(a) The period of the immobilization;

8105

(b) The place at which the court determines that the	8106
immobilization shall be carried out, provided that the court shall	8107
not determine and shall not specify that the immobilization is to	8108
be carried out at any place other than a commercially operated	8109
private storage lot, a place owned by a law enforcement or other	8110
government agency, or a place to which one of the following	8111
applies:	8112

(i) The place is leased by or otherwise under the control of	8113
a law enforcement or other government agency.	8114

(ii) The place is owned by the offender, the offender's	8115
spouse, or a parent or child of the offender.	8116

(iii) The place is owned by a private person or entity, and,	8117
prior to the issuance of the order, the private entity or person	8118
that owns the place, or the authorized agent of that private	8119
entity or person, has given express written consent for the	8120
immobilization to be carried out at that place.	8121

(iv) The place is a public street or highway on which the	8122
vehicle is parked in accordance with the law.	8123

(c) The person or agency designated by the court to execute	8124
the order, which shall be either the law enforcement agency that	8125
employs the law enforcement officer who seized the vehicle, a	8126
bailiff of the court, another person the court determines to be	8127
appropriate to execute the order, or the law enforcement agency	8128
with jurisdiction over the place of residence of the vehicle	8129
owner;	8130

(d) That neither the registrar nor a deputy registrar will be	8131
permitted to accept an application for the license plate	8132
registration of any motor vehicle in the name of the vehicle owner	8133
until the immobilization fee is paid.	8134

(2) The person or agency the court designates to immobilize	8135
the vehicle shall seize or retain that vehicle's license plates	8136
and forward them to the bureau of motor vehicles.	8137

(3) In all cases, the offender shall be assessed an	8138
immobilization fee of one hundred dollars, and the immobilization	8139
fee shall be paid to the registrar before the vehicle may be	8140
released to the offender. Neither the registrar nor a deputy	8141
registrar shall accept an application for the registration of any	8142
motor vehicle in the name of the offender until the immobilization	8143
fee is paid.	8144

(4) If the vehicle subject to the order is immobilized	8145
pursuant to the order and is found being operated upon any street	8146
or highway in this state during the immobilization period, it	8147
shall be seized, removed from the street or highway, and	8148
criminally forfeited and disposed of pursuant to section 4503.234	8149
of the Revised Code.	8150

(5) The registrar shall deposit the immobilization fee into	8151
the law enforcement reimbursement fund created by section 4501.19	8152
of the Revised Code. Money in the fund shall be expended only as	8153
provided in division (A)(5) of this section. If the court	8154
designated in the order a court bailiff or another appropriate	8155
person other than a law enforcement officer to immobilize the	8156
vehicle, the amount of the fee deposited into the law enforcement	8157
reimbursement fund shall be paid out to the county treasury if the	8158
court that issued the order is a county court, to the treasury of	8159
the municipal corporation served by the court if the court that	8160
issued the order is a mayor's court, or to the city treasury of	8161
the legislative authority of the court, both as defined in section	8162
1901.03 of the Revised Code, if the court that issued the order is	8163
a municipal court. If the court designated a law enforcement	8164
agency to immobilize the vehicle and if the law enforcement agency	8165
immobilizes the vehicle, the amount of the fee deposited into the	8166
law enforcement reimbursement fund shall be paid out to the law	8167
enforcement agency to reimburse the agency for the costs it incurs	8168
in obtaining immobilization equipment and, if required, in sending	8169
an officer or other person to search for and locate the vehicle	8170
specified in the immobilization order and to immobilize the	8171
vehicle.	8172

In addition to the immobilization fee required to be paid	8173
under division (A)(3) of this section, the offender may be charged	8174
expenses or charges incurred in the removal and storage of the	8175
immobilized vehicle.	8176

(B) If a court issues an immobilization order under division	8177
(A)(1) of this section, the person or agency designated by the	8178
court to execute the immobilization order promptly shall	8179
immobilize or continue the immobilization of the vehicle at the	8180
place specified by the court in the order. The registrar shall not	8181
authorize the release of the vehicle or authorize the issuance of	8182
new identification license plates for the vehicle at the end of	8183
the immobilization period until the immobilization fee has been	8184
paid.	8185

(C) Upon receipt of the license plates for a vehicle under	8186
this section, the registrar shall destroy the license plates. At	8187
the end of the immobilization period and upon the payment of the	8188
immobilization fee that must be paid under this section, the	8189
registrar shall authorize the release of the vehicle and authorize	8190
the issuance, upon the payment of the same fee as is required for	8191
the replacement of lost, mutilated, or destroyed license plates	8192
and certificates of registration, of new license plates and, if	8193
necessary, a new certificate of registration to the offender for	8194
the vehicle in question.	8195

(D)(1) If a court issues an immobilization order under	8196
division (A) of this section, the immobilization period commences	8197
on the day on which the vehicle in question is immobilized. If the	8198
vehicle in question had been seized under section 4510.41 or	8199
4511.195 of the Revised Code, the time between the seizure and the	8200
beginning of the immobilization period shall be credited against	8201
the immobilization period specified in the immobilization order	8202
issued under division (A) of this section. No vehicle that is	8203
immobilized under this section is eligible to have restricted	8204
license plates under section 4503.231 of the Revised Code issued	8205
for that vehicle.	8206

(2) If a court issues an immobilization order under division	8207
(A) of this section, if the vehicle subject to the order is	8208
immobilized under the order, and if the vehicle is found being	8209
operated upon any street or highway of this state during the	8210
immobilization period, it shall be seized, removed from the street	8211
or highway, and criminally forfeited, and disposed of pursuant to	8212
section 4503.234 of the Revised Code. No vehicle that is forfeited	8213
under this provision shall be considered contraband for purposes	8214
of Chapter 2981. of the Revised Code, but shall be held by the law	8215
enforcement agency that employs the officer who seized it for	8216
disposal in accordance with section 4503.234 of the Revised Code.	8217

(3) If a court issues an immobilization order under division	8218
(A) of this section, and if the vehicle is not claimed within	8219
seven days after the end of the period of immobilization or if the	8220
offender has not paid the immobilization fee, the person or agency	8221
that immobilized the vehicle shall send a written notice to the	8222
offender at the offender's last known address informing the	8223
offender of the date on which the period of immobilization ended,	8224
that the offender has twenty days after the date of the notice to	8225
pay the immobilization fee and obtain the release of the vehicle,	8226
and that if the offender does not pay the fee and obtain the	8227
release of the vehicle within that twenty-day period, the vehicle	8228
will be forfeited under section 4503.234 of the Revised Code to	8229
the entity that is entitled to the immobilization fee.	8230

(4) An offender whose motor vehicle is subject to an	8231
immobilization order issued under division (A) of this section	8232
shall not sell the motor vehicle without approval of the court	8233
that issued the order. If such an offender wishes to sell the	8234
motor vehicle during the immobilization period, the offender shall	8235
apply to the court that issued the immobilization order for	8236
permission to assign the title to the vehicle. If the court is	8237
satisfied that the sale will be in good faith and not for the	8238
purpose of circumventing the provisions of division (A)(1) of this	8239
section, it may certify its consent to the offender and to the	8240
registrar. Upon receipt of the court's consent, the registrar	8241
shall enter the court's notice in the offender's vehicle license	8242
plate registration record.	8243

If, during a period of immobilization under an immobilization	8244
order issued under division (A) of this section, the title to the	8245
immobilized motor vehicle is transferred by the foreclosure of a	8246
chattel mortgage, a sale upon execution, the cancellation of a	8247
conditional sales contract, or an order of a court, the involved	8248
court shall notify the registrar of the action, and the registrar	8249
shall enter the court's notice in the offender's vehicle license	8250
plate registration record.	8251

Nothing in this section shall be construed as requiring the	8252
registrar or the clerk of the court of common pleas to note upon	8253
the certificate of title records any prohibition regarding the	8254
sale of a motor vehicle.	8255

(5) If the title to a motor vehicle that is subject to an	8256
immobilization order under division (A) of this section is	8257
assigned or transferred without court approval between the time of	8258
arrest of the offender who committed the offense for which such an	8259
order is to be issued and the time of the actual immobilization of	8260
the vehicle, the court shall order that, for a period of two years	8261
from the date of the order, neither the registrar nor any deputy	8262
registrar shall accept an application for the registration of any	8263
motor vehicle in the name of the offender whose vehicle was	8264
assigned or transferred without court approval. The court shall	8265
notify the registrar of the order on a form prescribed by the	8266
registrar for that purpose.	8267

(6) If the title to a motor vehicle that is subject to an	8268
immobilization order under division (A) of this section is	8269
assigned or transferred without court approval in violation of	8270
division (D)(4) of this section, then, in addition to or	8271
independent of any other penalty established by law, the court may	8272
fine the offender the value of the vehicle as determined by	8273
publications of the national auto dealers association. The	8274
proceeds from any fine so imposed shall be distributed in the same	8275
manner as the proceeds of the sale of a forfeited vehicle are	8276
distributed pursuant to division (C)(2) of section 4503.234 of the	8277
Revised Code.	8278

(E)(1) The court with jurisdiction over the case, after	8279
notice to all interested parties including lienholders, and after	8280
an opportunity for them to be heard, if the offender fails to	8281
appear in person, without good cause, or if the court finds that	8282
the offender does not intend to seek release of the vehicle at the	8283
end of the period of immobilization or that the offender is not or	8284
will not be able to pay the expenses and charges incurred in its	8285
removal and storage, may order that title to the vehicle be	8286
transferred, in order of priority, first into the name of the	8287
entity entitled to the immobilization fee under division (A)(5) of	8288
this section, next into the name of a lienholder, or lastly, into	8289
the name of the owner of the place of storage.	8290

A lienholder that receives title under a court order shall do	8291
so on the condition that it pay any expenses or charges incurred	8292
in the vehicle's removal and storage. If the entity that receives	8293
title to the vehicle is the entity that is entitled to the	8294
immobilization fee under division (A)(5) of this section, it shall	8295
receive title on the condition that it pay any lien on the	8296
vehicle. The court shall not order that title be transferred to	8297
any person or entity other than the owner of the place of storage	8298
if the person or entity refuses to receive the title. Any person	8299
or entity that receives title may either keep title to the vehicle	8300
or may dispose of the vehicle in any legal manner that it	8301
considers appropriate, including assignment of the certificate of	8302
title to the motor vehicle to a salvage dealer or a scrap metal	8303
processing facility. The person or entity shall not transfer the	8304
vehicle to the person who is the vehicle's immediate previous	8305
owner.	8306

If the person or entity assigns the motor vehicle to a	8307
salvage dealer or scrap metal processing facility, the person or	8308
entity shall send the assigned certificate of title to the motor	8309
vehicle to the clerk of the court of common pleas of the county in	8310
which the salvage dealer or scrap metal processing facility is	8311
located. The person or entity shall mark the face of the	8312
certificate of title with the words "FOR DESTRUCTION" and shall	8313
deliver a photocopy of the certificate of title to the salvage	8314
dealer or scrap metal processing facility for its records.	8315

(2) Whenever a court issues an order under division (E)(1) of	8316
this section, the court also shall order removal of the license	8317
plates from the vehicle and cause them to be sent to the registrar	8318
if they have not already been sent to the registrar. Thereafter,	8319
no further proceedings shall take place under this section, but	8320
the offender remains liable for payment of the immobilization fee	8321
described in division (A)(3) of this section if an immobilization	8322
order previously had been issued by the court.	8323

(3) Prior to initiating a proceeding under division (E)(1) of	8324
this section, and upon payment of the fee under division (B) of	8325
section 4505.14 of the Revised Code, any interested party may	8326
cause a search to be made of the public records of the bureau of	8327
motor vehicles or the clerk of the court of common pleas, to	8328
ascertain the identity of any lienholder of the vehicle. The	8329
initiating party shall furnish this information to the clerk of	8330
the court with jurisdiction over the case, and the clerk shall	8331
provide notice to the vehicle owner, the defendant, any	8332
lienholder, and any other interested parties listed by the	8333
initiating party, at the last known address supplied by the	8334
initiating party, by certified mail or, at the option of the	8335
initiating party, by personal service or ordinary mail.	8336

As used in this section, "interested party" includes the	8337
offender, all lienholders, the owner of the place of storage, the	8338
person or entity that caused the vehicle to be removed, and the	8339
person or entity, if any, entitled to the immobilization fee under	8340
division (A)(5) of this section.	8341

Sec. 4503.234. (A) If a court orders the criminal forfeiture	8342
of a vehicle pursuant to section 4503.233, 4503.236, 4510.11,	8343
4510.14, ~~4510.16,~~ 4510.161, 4510.41, 4511.19, 4511.193, or	8344
4511.203 of the Revised Code, the order shall be issued and	8345
enforced in accordance with this division, subject to division (B)	8346
of this section. An order of criminal forfeiture issued under this	8347
division shall authorize an appropriate law enforcement agency to	8348
seize the vehicle ordered criminally forfeited upon the terms and	8349
conditions that the court determines proper. No vehicle ordered	8350
criminally forfeited pursuant to this division shall be considered	8351
contraband for purposes of Chapter 2981. of the Revised Code, but	8352
the law enforcement agency that employs the officer who seized it	8353
shall hold the vehicle for disposal in accordance with this	8354
section. A forfeiture order may be issued only after the offender	8355
has been provided with an opportunity to be heard. The prosecuting	8356
attorney shall give the offender written notice of the possibility	8357
of forfeiture by sending a copy of the relevant uniform traffic	8358
ticket or other written notice to the offender not less than seven	8359
days prior to the date of issuance of the forfeiture order. A	8360
vehicle is subject to an order of criminal forfeiture pursuant to	8361
this division upon the conviction of the offender of or plea of	8362
guilty by the offender to a violation of division (A) of section	8363
4503.236, section 4510.11, 4510.14, ~~4510.16,~~ or 4511.203, or	8364
division (A) of section 4511.19 of the Revised Code, or a	8365
municipal ordinance that is substantially equivalent to any of	8366
those sections or divisions.	8367

(B)(1) Prior to the issuance of an order of criminal	8368
forfeiture pursuant to this section, the law enforcement agency	8369
that employs the law enforcement officer who seized the vehicle	8370
shall conduct or cause to be conducted a search of the appropriate	8371
public records that relate to the vehicle and shall make or cause	8372
to be made reasonably diligent inquiries to identify any	8373
lienholder or any person or entity with an ownership interest in	8374
the vehicle. The court that is to issue the forfeiture order also	8375
shall cause a notice of the potential order relative to the	8376
vehicle and of the expected manner of disposition of the vehicle	8377
after its forfeiture to be sent to any lienholder or person who is	8378
known to the court to have any right, title, or interest in the	8379
vehicle. The court shall give the notice by certified mail, return	8380
receipt requested, or by personal service.	8381

(2) No order of criminal forfeiture shall be issued pursuant	8382
to this section if a lienholder or other person with an ownership	8383
interest in the vehicle establishes to the court, by a	8384
preponderance of the evidence after filing a motion with the	8385
court, that the lienholder or other person neither knew nor should	8386
have known after a reasonable inquiry that the vehicle would be	8387
used or involved, or likely would be used or involved, in the	8388
violation resulting in the issuance of the order of criminal	8389
forfeiture or the violation of the order of immobilization issued	8390
under section 4503.233 of the Revised Code, that the lienholder or	8391
other person did not expressly or impliedly consent to the use or	8392
involvement of the vehicle in that violation, and that the lien or	8393
ownership interest was perfected pursuant to law prior to the	8394
seizure of the vehicle under section 4503.236, 4510.41, 4511.195,	8395
or 4511.203 of the Revised Code. If the lienholder or holder of	8396
the ownership interest satisfies the court that these criteria	8397
have been met, the court shall preserve the lienholder's or other	8398
person's lien or interest, and the court either shall return the	8399
vehicle to the holder, or shall order that the proceeds of any	8400
sale held pursuant to division (C)(2) of this section be paid to	8401
the lienholder or holder of the interest less the costs of	8402
seizure, storage, and maintenance of the vehicle. The court shall	8403
not return a vehicle to a lienholder or a holder of an ownership	8404
interest unless the lienholder or holder submits an affidavit to	8405
the court that states that the lienholder or holder will not	8406
return the vehicle to the person from whom the vehicle was seized	8407
pursuant to the order of criminal forfeiture or to any member of	8408
that person's family and will not otherwise knowingly permit that	8409
person or any member of that person's family to obtain possession	8410
of the vehicle.	8411

(3) No order of criminal forfeiture shall be issued pursuant	8412
to this section if a person with an interest in the vehicle	8413
establishes to the court, by a preponderance of the evidence after	8414
filing a motion with the court, that the person neither knew nor	8415
should have known after a reasonable inquiry that the vehicle had	8416
been used or was involved in the violation resulting in the	8417
issuance of the order of criminal forfeiture or the violation of	8418
the order of immobilization issued under section 4503.233 of the	8419
Revised Code, that the person did not expressly or impliedly	8420
consent to the use or involvement of the vehicle in that	8421
violation, that the interest was perfected in good faith and for	8422
value pursuant to law between the time of the arrest of the	8423
offender and the final disposition of the criminal charge in	8424
question, and that the vehicle was in the possession of the	8425
interest holder at the time of the perfection of the interest. If	8426
the court is satisfied that the interest holder has met these	8427
criteria, the court shall preserve the interest holder's interest,	8428
and the court either shall return the vehicle to the interest	8429
holder or order that the proceeds of any sale held pursuant to	8430
division (C) of this section be paid to the holder of the interest	8431
less the costs of seizure, storage, and maintenance of the	8432
vehicle. The court shall not return a vehicle to an interest	8433
holder unless the holder submits an affidavit to the court stating	8434
that the holder will not return the vehicle to the person from	8435
whom the holder acquired the holder's interest, nor to any member	8436
of that person's family, and the holder will not otherwise	8437
knowingly permit that person or any member of that person's family	8438
to obtain possession of the vehicle.	8439

(C) A vehicle ordered criminally forfeited to the state	8440
pursuant to this section shall be disposed of as follows:	8441

(1) It shall be given to the law enforcement agency that	8442
employs the law enforcement officer who seized the vehicle, if	8443
that agency desires to have it;	8444

(2) If a vehicle is not disposed of pursuant to division	8445
(C)(1) of this section, the vehicle shall be sold, without	8446
appraisal, if the value of the vehicle is two thousand dollars or	8447
more as determined by publications of the national auto dealer's	8448
association, at a public auction to the highest bidder for cash.	8449
Prior to the sale, the prosecuting attorney in the case shall	8450
cause a notice of the proposed sale to be given in accordance with	8451
law. The court shall cause notice of the sale of the vehicle to be	8452
published in a newspaper of general circulation in the county in	8453
which the court is located at least seven days prior to the date	8454
of the sale. The proceeds of a sale under this division or	8455
division (F) of this section shall be applied in the following	8456
order:	8457

(a) First, they shall be applied to the payment of the costs	8458
incurred in connection with the seizure, storage, and maintenance	8459
of, and provision of security for, the vehicle, any proceeding	8460
arising out of the forfeiture, and if any, the sale.	8461

(b) Second, the remaining proceeds after compliance with	8462
division (C)(2)(a) of this section, shall be applied to the	8463
payment of the value of any lien or ownership interest in the	8464
vehicle preserved under division (B) of this section.	8465

(c) Third, the remaining proceeds, after compliance with	8466
divisions (C)(2)(a) and (b) of this section, shall be applied to	8467
the appropriate funds in accordance with divisions (B) and (C) of	8468
section 2981.13 of the Revised Code, provided that the total of	8469
the amount so deposited under this division shall not exceed one	8470
thousand dollars. The remaining proceeds deposited under this	8471
division shall be used only for the purposes authorized by those	8472
divisions and division (D) of that section.	8473

(d) Fourth, the remaining proceeds after compliance with	8474
divisions (C)(2)(a) and (b) of this section and after deposit of a	8475
total amount of one thousand dollars under division (C)(2)(c) of	8476
this section shall be applied so that fifty per cent of those	8477
remaining proceeds is paid into the reparation fund established by	8478
section 2743.191 of the Revised Code, twenty-five per cent is paid	8479
into the drug abuse resistance education programs fund created by	8480
division (F)(2)(e) of section 4511.191 of the Revised Code and	8481
shall be used only for the purposes authorized by division	8482
(F)(2)(e) of that section, and twenty-five per cent is applied to	8483
the appropriate funds in accordance with divisions (B) and (C) of	8484
section 2981.13 of the Revised Code. The proceeds deposited into	8485
any fund described in section 2981.13 of the Revised Code shall be	8486
used only for the purposes authorized by divisions (B)(4)(c), (C),	8487
and (D) of that section.	8488

(D) Except as provided in division (E) of section 4511.203 of	8489
the Revised Code and notwithstanding any other provision of law,	8490
neither the registrar of motor vehicles nor any deputy registrar	8491
shall accept an application for the registration of any motor	8492
vehicle in the name of any person, or register any motor vehicle	8493
in the name of any person, if both of the following apply:	8494

(1) Any vehicle registered in the person's name was	8495
criminally forfeited under this section and section 4503.233,	8496
4503.236, 4510.10, 4510.11, 4510.14, ~~4510.16,~~ 4510.41, 4511.19,	8497
4511.193, or 4511.203 of the Revised Code;	8498

(2) Less than five years have expired since the issuance of	8499
the most recent order of criminal forfeiture issued in relation to	8500
a vehicle registered in the person's name.	8501

(E) If a court orders the criminal forfeiture to the state of	8502
a vehicle pursuant to section 4503.233, 4503.236, 4510.10,	8503
4510.11, 4510.14, ~~4510.16,~~ 4510.161, 4510.41, 4511.19, 4511.193,	8504
or 4511.203 of the Revised Code, the title to the motor vehicle is	8505
assigned or transferred, and division (B)(2) or (3) of this	8506
section applies, in addition to or independent of any other	8507
penalty established by law, the court may fine the offender the	8508
value of the vehicle as determined by publications of the national	8509
auto dealer's association. The proceeds from any fine imposed	8510
under this division shall be distributed in accordance with	8511
division (C)(2) of this section.	8512

(F) As used in this section and divisions (B)(4)(c), (C), and	8513
(D) of section 2981.13 of the Revised Code in relation to proceeds	8514
of the sale of a vehicle under division (C) of this section,	8515
"prosecuting attorney" includes the prosecuting attorney, village	8516
solicitor, city director of law, or similar chief legal officer of	8517
a municipal corporation who prosecutes the case resulting in the	8518
conviction or guilty plea in question.	8519

(G) If the vehicle to be forfeited has an average retail	8520
value of less than two thousand dollars as determined by	8521
publications of the national auto dealer's association, no public	8522
auction is required to be held. In such a case, the court may	8523
direct that the vehicle be disposed of in any manner that it	8524
considers appropriate, including assignment of the certificate of	8525
title to the motor vehicle to a salvage dealer or a scrap metal	8526
processing facility. The court shall not transfer the vehicle to	8527
the person who is the vehicle's immediate previous owner.	8528

If the court assigns the motor vehicle to a salvage dealer or	8529
scrap metal processing facility and the court is in possession of	8530
the certificate of title to the motor vehicle, it shall send the	8531
assigned certificate of title to the motor vehicle to the clerk of	8532
the court of common pleas of the county in which the salvage	8533
dealer or scrap metal processing facility is located. The court	8534
shall mark the face of the certificate of title with the words	8535
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate	8536
of title to the salvage dealer or scrap metal processing facility	8537
for its records.	8538

If the court is not in possession of the certificate of title	8539
to the motor vehicle, the court shall issue an order transferring	8540
ownership of the motor vehicle to a salvage dealer or scrap metal	8541
processing facility, send the order to the clerk of the court of	8542
common pleas of the county in which the salvage dealer or scrap	8543
metal processing facility is located, and send a photocopy of the	8544
order to the salvage dealer or scrap metal processing facility for	8545
its records. The clerk shall make the proper notations or entries	8546
in the clerk's records concerning the disposition of the motor	8547
vehicle.	8548

Sec. 4507.02. (A)(1) No person shall permit the operation of	8549
a motor vehicle upon any public or private property used by the	8550
public for purposes of vehicular travel or parking knowing the	8551
operator does not have a valid driver's license issued to the	8552
operator by the registrar of motor vehicles under this chapter or	8553
a valid commercial driver's license issued under Chapter 4506. of	8554
the Revised Code. Except as otherwise provided in this division,	8555
whoever violates this division is guilty of an unclassified	8556
misdemeanor. When the offense is an unclassified misdemeanor, the	8557
offender shall be sentenced pursuant to sections 2929.21 to	8558
2929.28 of the Revised Code, except that the offender shall not be	8559
sentenced to a jail term; the offender shall not be sentenced to a	8560
community residential sanction pursuant to section 2929.26 of the	8561
Revised Code; notwithstanding division (A)(2)(a) of section	8562
2929.28 of the Revised Code, the offender may be fined up to one	8563
thousand dollars; and, notwithstanding division (A)(3) of section	8564
2929.27 of the Revised Code, the offender may be ordered pursuant	8565
to division (C) of that section to serve a term of community	8566
service of up to five hundred hours. The failure of an offender to	8567
complete a term of community service imposed by the court may be	8568
punished as indirect criminal contempt under division (A) of	8569
section 2705.02 of the Revised Code that may be filed in the	8570
underlying case.	8571

If, within three years of the offense, the offender	8572
previously has been convicted of or pleaded guilty to two or more	8573
violations of this section or a substantially equivalent municipal	8574
ordinance, the offense is a misdemeanor of the first degree.	8575

(2) No person shall receive a driver's license, or a	8576
motorcycle operator's endorsement of a driver's or commercial	8577
driver's license, unless and until the person surrenders to the	8578
registrar all valid licenses issued to the person by another	8579
jurisdiction recognized by this state. The registrar shall report	8580
the surrender of a license to the issuing authority, together with	8581
information that a license is now issued in this state. The	8582
registrar shall destroy any such license that is not returned to	8583
the issuing authority. No person shall be permitted to have more	8584
than one valid license at any time.	8585

(B)(1) If a person is convicted of a violation of section	8586
4510.11, 4510.14, ~~4510.16 when division (G)(2) and (3) of that~~	8587
~~section applies,~~ or 4510.21 of the Revised Code or if division	8588
~~(F)~~(E) of section 4507.164 of the Revised Code applies, the trial	8589
judge of any court, in addition to or independent of any other	8590
penalties provided by law or ordinance, may impound the	8591
identification license plates of any motor vehicle registered in	8592
the name of the person. ~~If a person is convicted of a violation of~~	8593
~~section 4510.16 of the Revised Code and division (G)(1) of that~~	8594
~~section applies, the trial judge of any court, in addition to or~~	8595
~~independent of any other penalties provided by law or ordinance,~~	8596
~~may impound the identification license plates of any motor vehicle~~	8597
~~registered in the name of the person.~~ The court shall send the	8598
impounded license plates to the registrar, who may retain the	8599
license plates until the driver's or commercial driver's license	8600
of the owner has been reinstated or destroy them pursuant to	8601
section 4503.232 of the Revised Code.	8602

If the license plates of a person convicted of a violation of	8603
any provision of those sections have been impounded in accordance	8604
with the provisions of this division, the court shall notify the	8605
registrar of that action. The notice shall contain the name and	8606
address of the driver, the serial number of the driver's or	8607
commercial driver's license, the serial numbers of the license	8608
plates of the motor vehicle, and the length of time for which the	8609
license plates have been impounded. The registrar shall record the	8610
data in the notice as part of the driver's permanent record.	8611

(2) Any motor vehicle owner who has had the license plates of	8612
a motor vehicle impounded pursuant to division (B)(1) of this	8613
section may apply to the registrar, or to a deputy registrar, for	8614
restricted license plates that shall conform to the requirements	8615
of section 4503.231 of the Revised Code. The registrar or deputy	8616
registrar forthwith shall notify the court of the application and,	8617
upon approval of the court, shall issue restricted license plates	8618
to the applicant. Until the driver's or commercial driver's	8619
license of the owner is reinstated, any new license plates issued	8620
to the owner also shall conform to the requirements of section	8621
4503.231 of the Revised Code.	8622

The registrar or deputy registrar shall charge the owner of a	8623
vehicle the fees provided in section 4503.19 of the Revised Code	8624
for restricted license plates that are issued in accordance with	8625
this division, except upon renewal as specified in section 4503.10	8626
of the Revised Code, when the regular fee as provided in section	8627
4503.04 of the Revised Code shall be charged. The registrar or	8628
deputy registrar shall charge the owner of a vehicle the fees	8629
provided in section 4503.19 of the Revised Code whenever	8630
restricted license plates are exchanged, by reason of the	8631
reinstatement of the driver's or commercial driver's license of	8632
the owner, for those ordinarily issued.	8633

(3) If an owner wishes to sell a motor vehicle during the	8634
time the restricted license plates provided under division (B)(2)	8635
of this section are in use, the owner may apply to the court that	8636
impounded the license plates of the motor vehicle for permission	8637
to transfer title to the motor vehicle. If the court is satisfied	8638
that the sale will be made in good faith and not for the purpose	8639
of circumventing the provisions of this section, it may certify	8640
its consent to the owner and to the registrar of motor vehicles	8641
who shall enter notice of the transfer of the title of the motor	8642
vehicle in the vehicle registration record.	8643

If, during the time the restricted license plates provided	8644
under division (B)(2) of this section are in use, the title to a	8645
motor vehicle is transferred by the foreclosure of a chattel	8646
mortgage, a sale upon execution, the cancellation of a conditional	8647
sales contract, or by order of a court, the court shall notify the	8648
registrar of the action and the registrar shall enter notice of	8649
the transfer of the title to the motor vehicle in the vehicle	8650
registration record.	8651

(C) This section is not intended to change or modify any	8652
provision of Chapter 4503. of the Revised Code with respect to the	8653
taxation of motor vehicles or the time within which the taxes on	8654
motor vehicles shall be paid.	8655

Sec. 4507.164. (A) Except as provided in divisions (C) to	8656
(E) of this section, when the license of any person is suspended	8657
pursuant to any provision of the Revised Code other than division	8658
(G) of section 4511.19 of the Revised Code and other than section	8659
4510.07 of the Revised Code for a violation of a municipal OVI	8660
ordinance, the trial judge may impound the identification license	8661
plates of any motor vehicle registered in the name of the person.	8662

(B)(1) When the license of any person is suspended pursuant	8663
to division (G)(1)(a) of section 4511.19 of the Revised Code, or	8664
pursuant to section 4510.07 of the Revised Code for a municipal	8665
OVI offense when the suspension is equivalent in length to the	8666
suspension under division (G) of section 4511.19 of the Revised	8667
Code that is specified in this division, the trial judge of the	8668
court of record or the mayor of the mayor's court that suspended	8669
the license may impound the identification license plates of any	8670
motor vehicle registered in the name of the person.	8671

(2) When the license of any person is suspended pursuant to	8672
division (G)(1)(b) of section 4511.19 of the Revised Code, or	8673
pursuant to section 4510.07 of the Revised Code for a municipal	8674
OVI offense when the suspension is equivalent in length to the	8675
suspension under division (G) of section 4511.19 of the Revised	8676
Code that is specified in this division, the trial judge of the	8677
court of record that suspended the license shall order the	8678
impoundment of the identification license plates of the motor	8679
vehicle the offender was operating at the time of the offense and	8680
the immobilization of that vehicle in accordance with section	8681
4503.233 and division (G)(1)(b) of section 4511.19 or division	8682
(C)(2)(a) of section 4511.193 of the Revised Code and may impound	8683
the identification license plates of any other motor vehicle	8684
registered in the name of the person whose license is suspended.	8685

(3) When the license of any person is suspended pursuant to	8686
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	8687
Code, or pursuant to section 4510.07 of the Revised Code for a	8688
municipal OVI offense when the suspension is equivalent in length	8689
to the suspension under division (G) of section 4511.19 of the	8690
Revised Code that is specified in this division, the trial judge	8691
of the court of record that suspended the license shall order the	8692
criminal forfeiture to the state of the motor vehicle the offender	8693
was operating at the time of the offense in accordance with	8694
section 4503.234 and division (G)(1)(c), (d), or (e) of section	8695
4511.19 or division (C)(2)(b) of section 4511.193 of the Revised	8696
Code and may impound the identification license plates of any	8697
other motor vehicle registered in the name of the person whose	8698
license is suspended.	8699

(C)(1) When a person is convicted of or pleads guilty to a	8700
violation of section 4510.14 of the Revised Code or a	8701
substantially equivalent municipal ordinance and division (B)(1)	8702
or (2) of section 4510.14 or division ~~(C)~~(B)(1) or (2) of section	8703
4510.161 of the Revised Code applies, the trial judge of the court	8704
of record or the mayor of the mayor's court that imposes sentence	8705
shall order the immobilization of the vehicle the person was	8706
operating at the time of the offense and the impoundment of its	8707
identification license plates in accordance with section 4503.233	8708
and division (B)(1) or (2) of section 4510.14 or division	8709
~~(C)~~(B)(1) or (2) of section 4510.161 of the Revised Code and may	8710
impound the identification license plates of any other vehicle	8711
registered in the name of that person.	8712

(2) When a person is convicted of or pleads guilty to a	8713
violation of section 4510.14 of the Revised Code or a	8714
substantially equivalent municipal ordinance and division (B)(3)	8715
of section 4510.14 or division ~~(C)~~(B)(3) of section 4510.161 of	8716
the Revised Code applies, the trial judge of the court of record	8717
that imposes sentence shall order the criminal forfeiture to the	8718
state of the vehicle the person was operating at the time of the	8719
offense in accordance with section 4503.234 and division (B)(3) of	8720
section 4510.14 or division ~~(C)~~(B)(3) of section 4510.161 of the	8721
Revised Code and may impound the identification license plates of	8722
any other vehicle registered in the name of that person.	8723

(D) ~~When a person is convicted of or pleads guilty to a~~	8724
~~violation of division (A) of section 4510.16 of the Revised Code~~	8725
~~or a substantially equivalent municipal ordinance, division (D) or~~	8726
~~(G) of section 4510.16 or division (B) of section 4510.161 of the~~	8727
~~Revised Code applies in determining whether the immobilization of~~	8728
~~the vehicle the person was operating at the time of the offense~~	8729
~~and the impoundment of its identification license plates or the~~	8730
~~criminal forfeiture to the state of the vehicle the person was~~	8731
~~operating at the time of the offense is authorized or required.~~	8732
~~The trial judge of the court of record or the mayor of the mayor's~~	8733
~~court that imposes sentence may impound the identification license~~	8734
~~plates of any other vehicle registered in the name of that person.~~	8735

~~(E)~~(1) When a person is convicted of or pleads guilty to a	8736
violation of section 4511.203 of the Revised Code and the person	8737
is sentenced pursuant to division (C)(3)(a) or (b) of section	8738
4511.203 of the Revised Code, the trial judge of the court of	8739
record or the mayor of the mayor's court that imposes sentence	8740
shall order the immobilization of the vehicle that was involved in	8741
the commission of the offense and the impoundment of its	8742
identification license plates in accordance with division	8743
(C)(3)(a) or (b) of section 4511.203 and section 4503.233 of the	8744
Revised Code and may impound the identification license plates of	8745
any other vehicle registered in the name of that person.	8746

(2) When a person is convicted of or pleads guilty to a	8747
violation of section 4511.203 of the Revised Code and the person	8748
is sentenced pursuant to division (C)(3)(c) of section 4511.203 of	8749
the Revised Code, the trial judge of the court of record or the	8750
mayor of the mayor's court that imposes sentence shall order the	8751
criminal forfeiture to the state of the vehicle that was involved	8752
in the commission of the offense in accordance with division	8753
(C)(3)(c) of section 4511.203 and section 4503.234 of the Revised	8754
Code and may impound the identification license plates of any	8755
other vehicle registered in the name of that person.	8756

~~(F)~~(E) Except as provided in section 4503.233 or 4503.234 of	8757
the Revised Code, when the certificate of registration, the	8758
identification license plates, or both have been impounded,	8759
division (B) of section 4507.02 of the Revised Code is applicable.	8760

~~(G)~~(F) As used in this section, "municipal OVI offense" has	8761
the same meaning as in section 4511.181 of the Revised Code.	8762

Sec. 4509.06. (A) The driver of any motor vehicle which is	8763
in any manner involved in a motor vehicle accident within six	8764
months of the accident may forward a written report of the	8765
accident to the registrar of motor vehicles on a form prescribed	8766
by the registrar alleging that a driver or owner of any other	8767
vehicle involved in the accident was uninsured at the time of the	8768
accident.	8769

(B) Upon receipt of the accident report, the registrar shall	8770
send a notice by regular mail to the driver and owner alleged to	8771
be uninsured requiring the person to give evidence that the person	8772
had proof of financial responsibility in effect at the time of the	8773
accident.	8774

(C) Within thirty days after the mailing of the notice by the	8775
registrar, the driver of the vehicle alleged to be uninsured shall	8776
forward a report together with acceptable proof of financial	8777
responsibility to the registrar in a form prescribed by the	8778
registrar. The forwarding of the report by the owner of the motor	8779
vehicle involved in the accident is deemed compliance with this	8780
section by the driver. This section does not change or modify the	8781
duties of the driver or operator of a motor vehicle as set forth	8782
in section 4549.02 of the Revised Code.	8783

~~(D) In accordance with sections 4509.01 to 4509.78 of the~~	8784
~~Revised Code, the registrar shall suspend the license of any~~	8785
~~person who fails to give acceptable proof of financial~~	8786
~~responsibility as required in this section.~~	8787

Sec. 4509.101. (A)(1) No person shall operate, or permit the	8788
operation of, a motor vehicle in this state, unless proof of	8789
financial responsibility is maintained continuously throughout the	8790
registration period with respect to that vehicle, or, in the case	8791
of a driver who is not the owner, with respect to that driver's	8792
operation of that vehicle.	8793

(2) Whoever violates division (A)(1) of this section shall be	8794
subject to the following civil penalties:	8795

(a) Subject to divisions (A)(2)(b) and (c) of this section, a	8796
class E(F) suspension of the person's driver's license,	8797
commercial driver's license, temporary instruction permit,	8798
probationary license, or nonresident operating privilege for the	8799
period of time specified in division (B)~~(5)~~(6) of section 4510.02	8800
of the Revised Code and impoundment of the person's license. ~~The~~	8801
~~court may grant limited driving privileges to the person only if~~	8802
~~the person presents proof of financial responsibility and has~~	8803
~~complied with division (A)(5) of this section.~~	8804

(b) If, within five years of the violation, the person's	8805
operating privileges are again suspended and the person's license	8806
again is impounded for a violation of division (A)(1) of this	8807
section, a class C suspension of the person's driver's license,	8808
commercial driver's license, temporary instruction permit,	8809
probationary license, or nonresident operating privilege for the	8810
period of time specified in division (B)(3) of section 4510.02 of	8811
the Revised Code. The court may grant limited driving privileges	8812
to the person only if the person presents proof of financial	8813
responsibility and has complied with division (A)(5) of this	8814
section, and no court may grant limited driving privileges for the	8815
first fifteen days of the suspension.	8816

(c) If, within five years of the violation, the person's	8817
operating privileges are suspended and the person's license is	8818
impounded two or more times for a violation of division (A)(1) of	8819
this section, a class B suspension of the person's driver's	8820
license, commercial driver's license, temporary instruction	8821
permit, probationary license, or nonresident operating privilege	8822
for the period of time specified in division (B)(2) of section	8823
4510.02 of the Revised Code. NoThe court may grant limited	8824
driving privileges to the person only if the person presents proof	8825
of financial responsibility and has complied with division (A)(5)	8826
of this section, except that no court may grant limited driving	8827
privileges ~~during~~for the first thirty days of the suspension.	8828

(d) In addition to the suspension of an owner's license under	8829
division (A)(2)(a), (b), or (c) of this section, the suspension of	8830
the rights of the owner to register the motor vehicle and the	8831
impoundment of the owner's certificate of registration and license	8832
plates until the owner complies with division (A)(5) of this	8833
section.	8834

(3) A person to whom this state has issued a certificate of	8835
registration for a motor vehicle or a license to operate a motor	8836
vehicle or who is determined to have operated any motor vehicle or	8837
permitted the operation in this state of a motor vehicle owned by	8838
the person shall be required to verify the existence of proof of	8839
financial responsibility covering the operation of the motor	8840
vehicle or the person's operation of the motor vehicle under any	8841
of the following circumstances:	8842

(a) The person or a motor vehicle owned by the person is	8843
involved in a traffic accident that requires the filing of an	8844
accident report under section 4509.06 of the Revised Code.	8845

(b) The person receives a traffic ticket indicating that	8846
proof of the maintenance of financial responsibility was not	8847
produced upon the request of a peace officer or state highway	8848
patrol trooper made in accordance with division (D)(2) of this	8849
section.	8850

(c) Whenever, in accordance with rules adopted by the	8851
registrar, the person is randomly selected by the registrar and	8852
requested to provide such verification.	8853

(4) An order of the registrar that suspends and impounds a	8854
license or registration, or both, shall state the date on or	8855
before which the person is required to surrender the person's	8856
license or certificate of registration and license plates. The	8857
person is deemed to have surrendered the license or certificate of	8858
registration and license plates, in compliance with the order, if	8859
the person does either of the following:	8860

(a) On or before the date specified in the order, personally	8861
delivers the license or certificate of registration and license	8862
plates, or causes the delivery of the items, to the registrar;	8863

(b) Mails the license or certificate of registration and	8864
license plates to the registrar in an envelope or container	8865
bearing a postmark showing a date no later than the date specified	8866
in the order.	8867

(5) Except as provided in division (A)(6) or (L) of this	8868
section, the registrar shall not restore any operating privileges	8869
or registration rights suspended under this section, return any	8870
license, certificate of registration, or license plates impounded	8871
under this section, or reissue license plates under section	8872
4503.232 of the Revised Code, if the registrar destroyed the	8873
impounded license plates under that section, or reissue a license	8874
under section 4510.52 of the Revised Code, if the registrar	8875
destroyed the suspended license under that section, unless the	8876
rights are not subject to suspension or revocation under any other	8877
law and unless the person, in addition to complying with all other	8878
conditions required by law for reinstatement of the operating	8879
privileges or registration rights, complies with all of the	8880
following:	8881

(a) Pays to the registrar or an eligible deputy registrar a	8882
financial responsibility reinstatement fee of one hundred dollars	8883
for the first violation of division (A)(1) of this section, three	8884
hundred dollars for a second violation of that division, and six	8885
hundred dollars for a third or subsequent violation of that	8886
division;	8887

(b) If the person has not voluntarily surrendered the	8888
license, certificate, or license plates in compliance with the	8889
order, pays to the registrar or an eligible deputy registrar a	8890
financial responsibility nonvoluntary compliance fee in an amount,	8891
not to exceed fifty dollars, determined by the registrar;	8892

(c) Files and continuously maintains proof of financial	8893
responsibility under sections 4509.44 to 4509.65 of the Revised	8894
Code;	8895

(d) Pays a deputy registrar a service fee of ten dollars to	8896
compensate the deputy registrar for services performed under this	8897
section. The deputy registrar shall retain eight dollars of the	8898
service fee and shall transmit the reinstatement fee, any	8899
nonvoluntary compliance fee, and two dollars of the service fee to	8900
the registrar in the manner the registrar shall determine.	8901

(6) If the registrar issues an order under division (A)(2) of	8902
this section resulting from the failure of a person to respond to	8903
a financial responsibility random verification request under	8904
division (A)(3)(c) of this section and the person successfully	8905
maintains an affirmative defense to a violation of section 4510.16	8906
of the Revised Code or is determined by the registrar or a deputy	8907
registrar to have been in compliance with division (A)(1) of this	8908
section at the time of the initial financial responsibility random	8909
verification request, the registrar shall do both of the	8910
following:	8911

(a) Terminate the order of suspension or impoundment;

8912

(b) Restore the operating privileges and registration rights	8913
of the person without payment of the fees established in divisions	8914
(A)(5)(a) and (b) of this section and without a requirement to	8915
file proof of financial responsibility.	8916

(B)(1) Every party required to file an accident report under	8917
section 4509.06 of the Revised Code also shall include with the	8918
report a document described in division (G)(1) of this section.	8919

If the registrar determines, within forty-five days after the	8920
report is filed, that an operator or owner has violated division	8921
(A)(1) of this section, the registrar shall do all of the	8922
following:	8923

(a) Order the impoundment, with respect to the motor vehicle	8924
involved, required under division (A)(2)(d) of this section, of	8925
the certificate of registration and license plates of any owner	8926
who has violated division (A)(1) of this section;	8927

(b) Order the suspension required under division (A)(2)(a),	8928
(b), or (c) of this section of the license of any operator or	8929
owner who has violated division (A)(1) of this section;	8930

(c) Record the name and address of the person whose	8931
certificate of registration and license plates have been impounded	8932
or are under an order of impoundment, or whose license has been	8933
suspended or is under an order of suspension; the serial number of	8934
the person's license; the serial numbers of the person's	8935
certificate of registration and license plates; and the person's	8936
social security account number, if assigned, or, where the motor	8937
vehicle is used for hire or principally in connection with any	8938
established business, the person's federal taxpayer identification	8939
number. The information shall be recorded in such a manner that it	8940
becomes a part of the person's permanent record, and assists the	8941
registrar in monitoring compliance with the orders of suspension	8942
or impoundment.	8943

(d) Send written notification to every person to whom the	8944
order pertains, at the person's last known address as shown on the	8945
records of the bureau. The person, within ten days after the date	8946
of the mailing of the notification, shall surrender to the	8947
registrar, in a manner set forth in division (A)(4) of this	8948
section, any certificate of registration and registration plates	8949
under an order of impoundment, or any license under an order of	8950
suspension.	8951

(2) The registrar shall issue any order under division (B)(1)	8952
of this section without a hearing. Any person adversely affected	8953
by the order, within ten days after the issuance of the order, may	8954
request an administrative hearing before the registrar, who shall	8955
provide the person with an opportunity for a hearing in accordance	8956
with this paragraph. A request for a hearing does not operate as a	8957
suspension of the order. The scope of the hearing shall be limited	8958
to whether the person in fact demonstrated to the registrar proof	8959
of financial responsibility in accordance with this section. The	8960
registrar shall determine the date, time, and place of any	8961
hearing, provided that the hearing shall be held, and an order	8962
issued or findings made, within thirty days after the registrar	8963
receives a request for a hearing. If requested by the person in	8964
writing, the registrar may designate as the place of hearing the	8965
county seat of the county in which the person resides or a place	8966
within fifty miles of the person's residence. The person shall pay	8967
the cost of the hearing before the registrar, if the registrar's	8968
order of suspension or impoundment is upheld.	8969

(C) Any order of suspension or impoundment issued under this	8970
section or division (B) of section 4509.37 of the Revised Code may	8971
be terminated at any time if the registrar determines upon a	8972
showing of proof of financial responsibility that the operator or	8973
owner of the motor vehicle was in compliance with division (A)(1)	8974
of this section at the time of the traffic offense, motor vehicle	8975
inspection, or accident that resulted in the order against the	8976
person. A determination may be made without a hearing. This	8977
division does not apply unless the person shows good cause for the	8978
person's failure to present satisfactory proof of financial	8979
responsibility to the registrar prior to the issuance of the	8980
order.	8981

(D)(1) For the purpose of enforcing this section, every peace	8982
officer is deemed an agent of the registrar.	8983

(a) Except as provided in division (D)(1)(b) of this section,	8984
any peace officer who, in the performance of the peace officer's	8985
duties as authorized by law, becomes aware of a person whose	8986
license is under an order of suspension, or whose certificate of	8987
registration and license plates are under an order of impoundment,	8988
pursuant to this section, may confiscate the license, certificate	8989
of registration, and license plates, and return them to the	8990
registrar.	8991

(b) Any peace officer who, in the performance of the peace	8992
officer's duties as authorized by law, becomes aware of a person	8993
whose license is under an order of suspension, or whose	8994
certificate of registration and license plates are under an order	8995
of impoundment resulting from failure to respond to a financial	8996
responsibility random verification, shall not, for that reason,	8997
arrest the owner or operator or seize the vehicle or license	8998
plates. Instead, the peace officer shall issue a citation for a	8999
violation of section 4510.16 of the Revised Code specifying the	9000
circumstances as failure to respond to a financial responsibility	9001
random verification.	9002

(2) A peace officer shall request the owner or operator of a	9003
motor vehicle to produce proof of financial responsibility in a	9004
manner described in division (G) of this section at the time the	9005
peace officer acts to enforce the traffic laws of this state and	9006
during motor vehicle inspections conducted pursuant to section	9007
4513.02 of the Revised Code.	9008

(3) A peace officer shall indicate on every traffic ticket	9009
whether the person receiving the traffic ticket produced proof of	9010
the maintenance of financial responsibility in response to the	9011
officer's request under division (D)(2) of this section. The peace	9012
officer shall inform every person who receives a traffic ticket	9013
and who has failed to produce proof of the maintenance of	9014
financial responsibility that the person must submit proof to the	9015
traffic violations bureau with any payment of a fine and costs for	9016
the ticketed violation or, if the person is to appear in court for	9017
the violation, the person must submit proof to the court.	9018

(4)(a) If a person who has failed to produce proof of the	9019
maintenance of financial responsibility appears in court for a	9020
ticketed violation, the court may permit the defendant to present	9021
evidence of proof of financial responsibility to the court at such	9022
time and in such manner as the court determines to be necessary or	9023
appropriate. In a manner prescribed by the registrar, the clerk of	9024
courts shall provide the registrar with the identity of any person	9025
who fails to submit proof of the maintenance of financial	9026
responsibility pursuant to division (D)(3) of this section.	9027

(b) If a person who has failed to produce proof of the	9028
maintenance of financial responsibility also fails to submit that	9029
proof to the traffic violations bureau with payment of a fine and	9030
costs for the ticketed violation, the traffic violations bureau,	9031
in a manner prescribed by the registrar, shall notify the	9032
registrar of the identity of that person.	9033

(5)(a) Upon receiving notice from a clerk of courts or	9034
traffic violations bureau pursuant to division (D)(4) of this	9035
section, the registrar shall order the suspension of the license	9036
of the person required under division (A)(2)(a), (b), or (c) of	9037
this section and the impoundment of the person's certificate of	9038
registration and license plates required under division (A)(2)(d)	9039
of this section, effective thirty days after the date of the	9040
mailing of notification. The registrar also shall notify the	9041
person that the person must present the registrar with proof of	9042
financial responsibility in accordance with this section,	9043
surrender to the registrar the person's certificate of	9044
registration, license plates, and license, or submit a statement	9045
subject to section 2921.13 of the Revised Code that the person did	9046
not operate or permit the operation of the motor vehicle at the	9047
time of the offense. Notification shall be in writing and shall be	9048
sent to the person at the person's last known address as shown on	9049
the records of the bureau of motor vehicles. The person, within	9050
fifteen days after the date of the mailing of notification, shall	9051
present proof of financial responsibility, surrender the	9052
certificate of registration, license plates, and license to the	9053
registrar in a manner set forth in division (A)(4) of this	9054
section, or submit the statement required under this section	9055
together with other information the person considers appropriate.	9056

If the registrar does not receive proof or the person does	9057
not surrender the certificate of registration, license plates, and	9058
license, in accordance with this division, the registrar shall	9059
permit the order for the suspension of the license of the person	9060
and the impoundment of the person's certificate of registration	9061
and license plates to take effect.	9062

(b) In the case of a person who presents, within the	9063
fifteen-day period, documents to show proof of financial	9064
responsibility, the registrar shall terminate the order of	9065
suspension and the impoundment of the registration and license	9066
plates required under division (A)(2)(d) of this section and shall	9067
send written notification to the person, at the person's last	9068
known address as shown on the records of the bureau.	9069

(c) Any person adversely affected by the order of the	9070
registrar under division (D)(5)(a) or (b) of this section, within	9071
ten days after the issuance of the order, may request an	9072
administrative hearing before the registrar, who shall provide the	9073
person with an opportunity for a hearing in accordance with this	9074
paragraph. A request for a hearing does not operate as a	9075
suspension of the order. The scope of the hearing shall be limited	9076
to whether, at the time of the hearing, the person presents proof	9077
of financial responsibility covering the vehicle and whether the	9078
person is eligible for an exemption in accordance with this	9079
section or any rule adopted under it. The registrar shall	9080
determine the date, time, and place of any hearing; provided, that	9081
the hearing shall be held, and an order issued or findings made,	9082
within thirty days after the registrar receives a request for a	9083
hearing. If requested by the person in writing, the registrar may	9084
designate as the place of hearing the county seat of the county in	9085
which the person resides or a place within fifty miles of the	9086
person's residence. Such person shall pay the cost of the hearing	9087
before the registrar, if the registrar's order of suspension or	9088
impoundment under division (D)(5)(a) or (b) of this section is	9089
upheld.	9090

(6) A peace officer may charge an owner or operator of a	9091
motor vehicle with a violation of section 4510.16 of the Revised	9092
Code when the owner or operator fails to show proof of the	9093
maintenance of financial responsibility pursuant to a peace	9094
officer's request under division (D)(2) of this section, if a	9095
check of the owner or operator's driving record indicates that the	9096
owner or operator, at the time of the operation of the motor	9097
vehicle, is required to file and maintain proof of financial	9098
responsibility under section 4509.45 of the Revised Code for a	9099
previous violation of this chapter.	9100

(7) Any forms used by law enforcement agencies in	9101
administering this section shall be prescribed, supplied, and paid	9102
for by the registrar.	9103

(8) No peace officer, law enforcement agency employing a	9104
peace officer, or political subdivision or governmental agency	9105
that employs a peace officer shall be liable in a civil action for	9106
damages or loss to persons arising out of the performance of any	9107
duty required or authorized by this section.	9108

(9) As used in this division and divisions (E) and (G) of	9109
this section, "peace officer" has the meaning set forth in section	9110
2935.01 of the Revised Code.	9111

(E) All fees, except court costs, fees paid to a deputy	9112
registrar, and those portions of the financial responsibility	9113
reinstatement fees as otherwise specified in this division,	9114
collected under this section shall be paid into the state treasury	9115
to the credit of the financial responsibility compliance fund. The	9116
financial responsibility compliance fund shall be used exclusively	9117
to cover costs incurred by the bureau in the administration of	9118
this section and sections 4503.20, 4507.212, and 4509.81 of the	9119
Revised Code, and by any law enforcement agency employing any	9120
peace officer who returns any license, certificate of	9121
registration, and license plates to the registrar pursuant to	9122
division (C) of this section, except that the director of budget	9123
and management may transfer excess money from the financial	9124
responsibility compliance fund to the state bureau of motor	9125
vehicles fund if the registrar determines that the amount of money	9126
in the financial responsibility compliance fund exceeds the amount	9127
required to cover such costs incurred by the bureau or a law	9128
enforcement agency and requests the director to make the transfer.	9129

Of each financial responsibility reinstatement fee the	9130
registrar collects pursuant to division (A)(5)(a) of this section	9131
or receives from a deputy registrar under division (A)(5)(d) of	9132
this section, the registrar shall deposit twenty-five dollars of	9133
each one-hundred-dollar reinstatement fee, fifty dollars of each	9134
three-hundred-dollar reinstatement fee, and one hundred dollars of	9135
each six-hundred-dollar reinstatement fee into the state treasury	9136
to the credit of the indigent defense support fund created by	9137
section 120.08 of the Revised Code.	9138

All investment earnings of the financial responsibility	9139
compliance fund shall be credited to the fund.	9140

(F) Chapter 119. of the Revised Code applies to this section	9141
only to the extent that any provision in that chapter is not	9142
clearly inconsistent with this section.	9143

(G)(1) The registrar, court, traffic violations bureau, or	9144
peace officer may require proof of financial responsibility to be	9145
demonstrated by use of a standard form prescribed by the	9146
registrar. If the use of a standard form is not required, a person	9147
may demonstrate proof of financial responsibility under this	9148
section by presenting to the traffic violations bureau, court,	9149
registrar, or peace officer any of the following documents or a	9150
copy of the documents:	9151

(a) A financial responsibility identification card as	9152
provided in section 4509.103 of the Revised Code;	9153

(b) A certificate of proof of financial responsibility on a	9154
form provided and approved by the registrar for the filing of an	9155
accident report required to be filed under section 4509.06 of the	9156
Revised Code;	9157

(c) A policy of liability insurance, a declaration page of a	9158
policy of liability insurance, or liability bond, if the policy or	9159
bond complies with section 4509.20 or sections 4509.49 to 4509.61	9160
of the Revised Code;	9161

(d) A bond or certification of the issuance of a bond as	9162
provided in section 4509.59 of the Revised Code;	9163

(e) A certificate of deposit of money or securities as	9164
provided in section 4509.62 of the Revised Code;	9165

(f) A certificate of self-insurance as provided in section	9166
4509.72 of the Revised Code.	9167

(2) If a person fails to demonstrate proof of financial	9168
responsibility in a manner described in division (G)(1) of this	9169
section, the person may demonstrate proof of financial	9170
responsibility under this section by any other method that the	9171
court or the bureau, by reason of circumstances in a particular	9172
case, may consider appropriate.	9173

(3) A motor carrier certificated by the interstate commerce	9174
commission or by the public utilities commission may demonstrate	9175
proof of financial responsibility by providing a statement	9176
designating the motor carrier's operating authority and averring	9177
that the insurance coverage required by the certificating	9178
authority is in full force and effect.	9179

(4)(a) A finding by the registrar or court that a person is	9180
covered by proof of financial responsibility in the form of an	9181
insurance policy or surety bond is not binding upon the named	9182
insurer or surety or any of its officers, employees, agents, or	9183
representatives and has no legal effect except for the purpose of	9184
administering this section.	9185

(b) The preparation and delivery of a financial	9186
responsibility identification card or any other document	9187
authorized to be used as proof of financial responsibility under	9188
this division does not do any of the following:	9189

(i) Create any liability or estoppel against an insurer or	9190
surety, or any of its officers, employees, agents, or	9191
representatives;	9192

(ii) Constitute an admission of the existence of, or of any	9193
liability or coverage under, any policy or bond;	9194

(iii) Waive any defenses or counterclaims available to an	9195
insurer, surety, agent, employee, or representative in an action	9196
commenced by an insured or third-party claimant upon a cause of	9197
action alleged to have arisen under an insurance policy or surety	9198
bond or by reason of the preparation and delivery of a document	9199
for use as proof of financial responsibility.	9200

(c) Whenever it is determined by a final judgment in a	9201
judicial proceeding that an insurer or surety, which has been	9202
named on a document accepted by a court or the registrar as proof	9203
of financial responsibility covering the operation of a motor	9204
vehicle at the time of an accident or offense, is not liable to	9205
pay a judgment for injuries or damages resulting from such	9206
operation, the registrar, notwithstanding any previous contrary	9207
finding, shall forthwith suspend the operating privileges and	9208
registration rights of the person against whom the judgment was	9209
rendered as provided in division (A)(2) of this section.	9210

(H) In order for any document described in division (G)(1)(b)	9211
of this section to be used for the demonstration of proof of	9212
financial responsibility under this section, the document shall	9213
state the name of the insured or obligor, the name of the insurer	9214
or surety company, and the effective and expiration dates of the	9215
financial responsibility, and designate by explicit description or	9216
by appropriate reference all motor vehicles covered which may	9217
include a reference to fleet insurance coverage.	9218

(I) For purposes of this section, "owner" does not include a	9219
licensed motor vehicle leasing dealer as defined in section	9220
4517.01 of the Revised Code, but does include a motor vehicle	9221
renting dealer as defined in section 4549.65 of the Revised Code.	9222
Nothing in this section or in section 4509.51 of the Revised Code	9223
shall be construed to prohibit a motor vehicle renting dealer from	9224
entering into a contractual agreement with a person whereby the	9225
person renting the motor vehicle agrees to be solely responsible	9226
for maintaining proof of financial responsibility, in accordance	9227
with this section, with respect to the operation, maintenance, or	9228
use of the motor vehicle during the period of the motor vehicle's	9229
rental.	9230

(J) The purpose of this section is to require the maintenance	9231
of proof of financial responsibility with respect to the operation	9232
of motor vehicles on the highways of this state, so as to minimize	9233
those situations in which persons are not compensated for injuries	9234
and damages sustained in motor vehicle accidents. The general	9235
assembly finds that this section contains reasonable civil	9236
penalties and procedures for achieving this purpose.	9237

(K) Nothing in this section shall be construed to be subject	9238
to section 4509.78 of the Revised Code.	9239

(L)(1) The registrar may terminate any suspension imposed	9240
under this section and not require the owner to comply with	9241
divisions (A)(5)(a), (b), and (c) of this section if the registrar	9242
with or without a hearing determines that the owner of the vehicle	9243
has established by clear and convincing evidence that all of the	9244
following apply:	9245

(a) The owner customarily maintains proof of financial	9246
responsibility.	9247

(b) Proof of financial responsibility was not in effect for	9248
the vehicle on the date in question for one of the following	9249
reasons:	9250

(i) The vehicle was inoperable.

9251

(ii) The vehicle is operated only seasonally, and the date in	9252
question was outside the season of operation.	9253

(iii) A person other than the vehicle owner or driver was at	9254
fault for the lapse of proof of financial responsibility through	9255
no fault of the owner or driver.	9256

(iv) The lapse of proof of financial responsibility was	9257
caused by excusable neglect under circumstances that are not	9258
likely to recur and do not suggest a purpose to evade the	9259
requirements of this chapter.	9260

(2) The registrar may grant an owner or driver relief for a	9261
reason specified in division (L)(1)(b)(i) or (ii) of this section	9262
whenever the owner or driver is randomly selected to verify the	9263
existence of proof of financial responsibility for such a vehicle.	9264
However, the registrar may grant an owner or driver relief for a	9265
reason specified in division (L)(1)(b)(iii) or (iv) of this	9266
section only if the owner or driver has not previously been	9267
granted relief under division (L)(1)(b)(iii) or (iv) of this	9268
section.	9269

(M) The registrar shall adopt rules in accordance with	9270
Chapter 119. of the Revised Code that are necessary to administer	9271
and enforce this section. The rules shall include procedures for	9272
the surrender of license plates upon failure to maintain proof of	9273
financial responsibility and provisions relating to reinstatement	9274
of registration rights, acceptable forms of proof of financial	9275
responsibility, and verification of the existence of financial	9276
responsibility during the period of registration.	9277

Sec. 4510.10. (A) As used in this section, "reinstatement	9278
fees" means the fees that are required under section 4507.1612,	9279
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other	9280
provision of the Revised Code, or under a schedule established by	9281
the bureau of motor vehicles, in order to reinstate a driver's or	9282
commercial driver's license or permit or nonresident operating	9283
privilege of an offender under a suspension.	9284

(B) Reinstatement fees are those fees that compensate the	9285
bureau of motor vehicles for suspensions, cancellations, or	9286
disqualifications of a person's driving privileges and to	9287
compensate the bureau and other agencies in their administration	9288
of programs intended to reduce and eliminate threats to public	9289
safety through education, treatment, and other activities. The	9290
registrar of motor vehicles shall not reinstate a driver's or	9291
commercial driver's license or permit or nonresident operating	9292
privilege of a person until the person has paid all reinstatement	9293
fees and has complied with all conditions for each suspension,	9294
cancellation, or disqualification incurred by that person.	9295

(C) When a municipal court or county court determines in a	9296
pending case involving an offender that the offender cannot	9297
reasonably pay reinstatement fees due and owing by the offender	9298
relative to one or more suspensions that have been or will be	9299
imposed by the bureau of motor vehicles or by a court of this	9300
state, the court, by order, may undertake an installment payment	9301
plan or a payment extension plan for the payment of reinstatement	9302
fees due and owing to the bureau in that pending case. The court	9303
shall establish an installment payment plan or a payment extension	9304
plan under this division in accordance with the requirements of	9305
divisions (D)(1) and (2) of this section.	9306

(D) Independent of the provisions of division (C) of this	9307
section, an offender who cannot reasonably pay reinstatement fees	9308
due and owing by the offender relative to a suspension that has	9309
been imposed on the offender may file a petition in the municipal	9310
court, county court, or, if the person is under the age of	9311
eighteen, the juvenile division of the court of common pleas in	9312
whose jurisdiction the person resides or, if the person is not a	9313
resident of this state, in the Franklin county municipal court or	9314
juvenile division of the Franklin county court of common pleas for	9315
an order that does either of the following, in order of	9316
preference:	9317

(1) Establishes a reasonable payment plan of not less than	9318
fifty dollars per month, to be paid by the offender to the	9319
registrar of motor vehicles or an eligible deputy registrar, in	9320
all succeeding months until all reinstatement fees required of the	9321
offender are paid in full. If the person is making payments to a	9322
deputy registrar, the deputy registrar shall collect a service fee	9323
of ten dollars each time the deputy registrar collects a payment	9324
to compensate the deputy registrar for services performed under	9325
this section. The deputy registrar shall retain eight dollars of	9326
the service fee and shall transmit the reinstatement payments,	9327
plus two dollars of each service fee, to the registrar in the	9328
manner the registrar shall determine.	9329

(2) If the offender, but for the payment of the reinstatement	9330
fees, otherwise would be entitled to operate a vehicle in this	9331
state or to obtain reinstatement of the offender's operating	9332
privileges, permits the offender to operate a motor vehicle, as	9333
authorized by the court, until a future date upon which date all	9334
reinstatement fees must be paid in full. A payment extension	9335
granted under this division shall not exceed one hundred eighty	9336
days, and any operating privileges granted under this division	9337
shall be solely for the purpose of permitting the offender	9338
occupational or "family necessity" privileges in order to enable	9339
the offender to reasonably acquire the delinquent reinstatement	9340
fees due and owing.	9341

(E) If a municipal court, county court, or juvenile division	9342
enters an order of the type described in division (C) or division	9343
(D)(1) or (2) of this section, the court, at any time after the	9344
issuance of the order, may determine that a change of	9345
circumstances has occurred and may amend the order as justice	9346
requires, provided that the amended order also shall be an order	9347
that is permitted under division (C) or division (D)(1) or (2) of	9348
this section.	9349

(F) If a court enters an order of the type described in	9350
division (C), (D)(1), (D)(2), or (E) of this section, during the	9351
pendency of the order, the offender in relation to whom it applies	9352
is not subject to prosecution for failing to pay the reinstatement	9353
fees covered by the order.	9354

(G) In addition to divisions (A) to (F) of this section, the	9355
registrar, with the approval of the director of public safety and	9356
in accordance with Chapter 119. of the Revised Code, may adopt	9357
rules that permit a person to pay reinstatement fees in	9358
installments in accordance with this division. The rules may	9359
contain any of the following provisions:	9360

(1) A schedule establishing a minimum monthly payment amount;

9361

(2) If the person otherwise would have valid driving	9362
privileges but for the payment of the reinstatement fees, the	9363
registrar may record the person's driving privileges as "valid" so	9364
long as the person's installments are current.	9365

(3) If the person's installments are not current, the	9366
registrar may record the person's driving privileges as	9367
"suspended" or "failure to reinstate," as appropriate.	9368

(4) Any other provision the registrar reasonably may	9369
prescribe.	9370

(H) Reinstatement fees are debts that may be discharged in	9371
bankruptcy.	9372

Sec. 4510.11. (A) Except as provided in division (B) of this	9373
section and in sections 4510.111 and 4510.16 of the Revised Code,	9374
no person whose driver's or commercial driver's license or permit	9375
or nonresident operating privilege has been suspended under any	9376
provision of the Revised Code, other than Chapter 4509. of the	9377
Revised Code, or under any applicable law in any other	9378
jurisdiction in which the person's license or permit was issued,	9379
shall operate any motor vehicle upon the public roads and highways	9380
or upon any public or private property used by the public for	9381
purposes of vehicular travel or parking within this state during	9382
the period of suspension unless the person is granted limited	9383
driving privileges and is operating the vehicle in accordance with	9384
the terms of the limited driving privileges.	9385

(B) No person shall operate any motor vehicle upon a highway	9386
or any public or private property used by the public for purposes	9387
of vehicular travel or parking in this state in violation of any	9388
restriction of the person's driver's or commercial driver's	9389
license or permit imposed under division (D) of section 4506.10 or	9390
under section 4507.14 of the Revised Code.	9391

(C) Upon the request or motion of the prosecuting authority,	9392
a noncertified copy of the law enforcement automated data system	9393
report or a noncertified copy of a record of the registrar of	9394
motor vehicles that shows the name, date of birth, and social	9395
security number of a person charged with a violation of division	9396
(A) or (B) of this section may be admitted into evidence as	9397
prima-facie evidence that the license of the person was under	9398
suspension at the time of the alleged violation of division (A) of	9399
this section or the person operated a motor vehicle in violation	9400
of a restriction at the time of the alleged violation of division	9401
(B) of this section. The person charged with a violation of	9402
division (A) or (B) of this section may offer evidence to rebut	9403
this prima-facie evidence.	9404

(D)(1) Whoever violates division (A) or (B) of this section	9405
is guilty of a misdemeanor of the first degree. The court may	9406
impose upon the offender a class seven suspension of the	9407
offender's driver's license, commercial driver's license,	9408
temporary instruction permit, probationary license, or nonresident	9409
operating privilege from the range specified in division (A)(7) of	9410
section 4510.02 of the Revised Code.	9411

(2)(a) Except as provided in division (D)(2)(b) or (c) of	9412
this section, the court, in addition to any other penalty that it	9413
imposes on the offender and if the vehicle is registered in the	9414
offender's name and if, within three years of the offense, the	9415
offender previously has been convicted of or pleaded guilty to one	9416
violation of this section or section 4510.111 or 4510.16 of the	9417
Revised Code, or a substantially equivalent municipal ordinance,	9418
the court, in addition to or independent of any other sentence	9419
that it imposes upon the offender, may order the immobilization of	9420
the vehicle involved in the offense for thirty days and the	9421
impoundment of that vehicle's license plates for thirty days in	9422
accordance with section 4503.233 of the Revised Code.	9423

(b) If the vehicle is registered in the offender's name and	9424
if, within three years of the offense, the offender previously has	9425
been convicted of or pleaded guilty to two violations of this	9426
section, or any combination of two violations of this section or	9427
section 4510.111 or 4510.16 of the Revised Code, or of a	9428
substantially similar municipal ordinance, the court, in addition	9429
to any other sentence that it imposes on the offender, may order	9430
the immobilization of the vehicle involved in the offense for	9431
sixty days and the impoundment of that vehicle's license plates	9432
for sixty days in accordance with section 4503.233 of the Revised	9433
Code.	9434

(c) If the vehicle is registered in the offender's name and	9435
if, within three years of the offense, the offender previously has	9436
been convicted of or pleaded guilty to three or more violations of	9437
this section, or any combination of three or more violations of	9438
this section or section 4510.111 or 4510.16 of the Revised Code,	9439
or of a substantially similar municipal ordinance, the court, in	9440
addition to any other sentence that it imposes on the offender,	9441
may order the criminal forfeiture of the vehicle involved in the	9442
offense to the state.	9443

(E) Any order for immobilization and impoundment under this	9444
section shall be issued and enforced under sections 4503.233 and	9445
4507.02 of the Revised Code, as applicable. The court shall not	9446
release a vehicle from immobilization ordered under this section	9447
unless the court is presented with current proof of financial	9448
responsibility with respect to that vehicle.	9449

(F) Any order of criminal forfeiture under this section shall	9450
be issued and enforced under section 4503.234 of the Revised Code.	9451
Upon receipt of the copy of the order from the court, neither the	9452
registrar of motor vehicles nor a deputy registrar shall accept	9453
any application for the registration or transfer of registration	9454
of any motor vehicle owned or leased by the person named in the	9455
declaration of forfeiture. The period of registration denial shall	9456
be five years after the date of the order, unless, during that	9457
period, the court having jurisdiction of the offense that led to	9458
the order terminates the forfeiture and notifies the registrar of	9459
the termination. The registrar then shall take necessary measures	9460
to permit the person to register a vehicle owned or leased by the	9461
person or to transfer registration of the vehicle.	9462

(G) The offender shall provide the court with proof of	9463
financial responsibility as defined in section 4509.01 of the	9464
Revised Code. If the offender fails to provide that proof of	9465
financial responsibility, then, in addition to any other penalties	9466
provided by law, the court may order restitution pursuant to	9467
section 2929.28 of the Revised Code in an amount not exceeding	9468
five thousand dollars for any economic loss arising from an	9469
accident or collision that was the direct and proximate result of	9470
the offender's operation of the vehicle before, during, or after	9471
committing the offense for which the offender is sentenced under	9472
this section.	9473

Sec. 4510.111. (A) No person shall operate any motor vehicle	9474
upon a highway or any public or private property used by the	9475
public for purposes of vehicular travel or parking in this state	9476
whose driver's or commercial driver's license has been suspended	9477
pursuant to section 2151.354, 2151.87, 2935.27, 3123.58, 4301.99,	9478
4510.032, 4510.22, or 4510.33 of the Revised Code ~~for failing to~~	9479
~~appear in court or to pay a fine, resulting in license forfeiture~~.	9480

(B) ~~No person shall operate any motor vehicle upon a highway~~	9481
~~or any public or private property used by the public for purposes~~	9482
~~of vehicular travel or parking in this state whose driver's or~~	9483
~~commercial driver's license has been suspended pursuant to section~~	9484
~~3123.58 of the Revised Code for being in default in payment of~~	9485
~~child support.~~	9486

~~(C)~~ Upon the request or motion of the prosecuting authority,	9487
a noncertified copy of the law enforcement automated data system	9488
report or a noncertified copy of a record of the registrar of	9489
motor vehicles that shows the name, date of birth, and social	9490
security number of a person charged with a violation of division	9491
(A) ~~or (B)~~ of this section may be admitted into evidence as	9492
prima-facie evidence that the license of the person was under	9493
suspension at the time of the alleged violation of division (A) or	9494
~~(B)~~ of this section. The person charged with a violation of	9495
division (A) ~~or (B)~~ of this section may offer evidence to rebut	9496
this prima-facie evidence.	9497

~~(D)~~(C) Whoever violates division (A) ~~or (B)~~ of this section	9498
is guilty of driving under suspension, and shall be punished as	9499
provided in division (D) of this section.	9500

(1) Except as otherwise provided in division (D)(2) of this	9501
section, the offense is an unclassified misdemeanor. The offender	9502
shall be sentenced pursuant to sections 2929.21 to 2929.28 of the	9503
Revised Code, except that the offender shall not be sentenced to a	9504
jail term; the offender shall not be sentenced to a community	9505
residential sanction pursuant to section 2929.26 of the Revised	9506
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the	9507
Revised Code, the offender may be fined up to one thousand	9508
dollars; and, notwithstanding division (A)(3) of section 2929.27	9509
of the Revised Code, the offender may be ordered pursuant to	9510
division (C) of that section to serve a term of community service	9511
of up to five hundred hours. The failure of an offender to	9512
complete a term of community service imposed by the court may be	9513
punished as indirect criminal contempt under division (A) of	9514
section 2705.02 of the Revised Code that may be filed in the	9515
underlying case.	9516

(2) If, within three years of the offense, the offender	9517
previously was convicted of or pleaded guilty to two or more	9518
violations of division (A) ~~or (B)~~ of this section, or any	9519
combination of two or more violations of division (A) ~~or (B~~) of	9520
this section or section 4510.11 or 4510.16 of the Revised Code, or	9521
a substantially equivalent municipal ordinance, the offense is a	9522
misdemeanor of the ~~first~~fourth degree. ~~The offender shall provide~~	9523
~~the court with proof of financial responsibility as defined in~~	9524
~~section 4509.01 of the Revised Code. If the offender fails to~~	9525
~~provide that proof of financial responsibility, then, in addition~~	9526
~~to any penalties provided by law, the court may order restitution~~	9527
~~pursuant to section 2929.28 of the Revised Code in an amount not~~	9528
~~exceeding five thousand dollars for any economic loss arising from~~	9529
~~an accident or collision that was the direct and proximate result~~	9530
~~of the offender's operation of the vehicle before, during, or~~	9531
~~after committing the offense for which the offender is sentenced~~	9532
~~under this section.~~	9533

~~(3) In all cases, the court may impose a class seven~~	9534
~~suspension of the offender's driver's or commercial driver's~~	9535
~~license or permit or nonresident operating privilege from the~~	9536
~~range of time specified in division (A)(7) of section 4507.02 of~~	9537
~~the Revised Code.~~	9538

~~(4)(a) In all cases, if the vehicle is registered in the~~	9539
~~offender's name and if, within three years of the offense, the~~	9540
~~offender previously has been convicted of or pleaded guilty to one~~	9541
~~violation of division (A) or (B) of this section or section~~	9542
~~4510.11 or 4510.16 of the Revised Code, or a substantially~~	9543
~~equivalent municipal ordinance, the court, in addition to any~~	9544
~~other sentence that it imposes upon the offender, may order the~~	9545
~~immobilization of the vehicle involved in the offense for thirty~~	9546
~~days and the impoundment of that vehicle's license plates for~~	9547
~~thirty days in accordance with section 4503.233 of the Revised~~	9548
~~Code.~~	9549

~~(b) In all cases, if the vehicle is registered in the~~	9550
~~offender's name and if, within three years of the offense, the~~	9551
~~offender previously has been convicted of or pleaded guilty to two~~	9552
~~violations of division (A) or (B) of this section, or any~~	9553
~~combination of two violations of division (A) or (B) of this~~	9554
~~section or section 4510.11 or 4510.16 of the Revised Code, or a~~	9555
~~substantially equivalent municipal ordinance, the court, in~~	9556
~~addition to any other sentence that it imposes upon the offender,~~	9557
~~may order the immobilization of the vehicle involved in the~~	9558
~~offense for sixty days and the impoundment of that vehicle's~~	9559
~~license plates for sixty days in accordance with section 4503.233~~	9560
~~of the Revised Code.~~	9561

~~(c) In all cases, if the vehicle is registered in the~~	9562
~~offender's name and if, within three years of the offense, the~~	9563
~~offender previously has been convicted of or pleaded guilty to~~	9564
~~three or more violations of this section, or any combination of~~	9565
~~three or more violations of this section or section 4510.11 or~~	9566
~~4510.16 of the Revised Code, or a substantially equivalent~~	9567
~~municipal ordinance, the court, in addition to any other sentence~~	9568
~~that it imposes upon the offender, may order the criminal~~	9569
~~forfeiture of the vehicle involved in the offense to the state.~~	9570

~~(E) An order for immobilization and impoundment under this~~	9571
~~section shall be issued and enforced under sections 4503.233 and~~	9572
~~4507.02 of the Revised Code, as applicable. The court shall not~~	9573
~~release a motor vehicle from immobilization ordered under this~~	9574
~~section unless the court is presented with current proof of~~	9575
~~financial responsibility with respect to that motor vehicle.~~	9576

~~(F) An order for criminal forfeiture under this section shall~~	9577
~~be issued and enforced under section 4503.234 of the Revised Code.~~	9578
~~Upon receipt of a copy of the order from the court, neither the~~	9579
~~registrar of motor vehicles nor a deputy registrar shall accept~~	9580
~~any application for the registration or transfer of registration~~	9581
~~of any motor vehicle owned or leased by the person named in the~~	9582
~~declaration of forfeiture. The period of registration denial shall~~	9583
~~be five years after the date of the order unless, during that~~	9584
~~period, the court having jurisdiction of the offense that led to~~	9585
~~the order terminates the forfeiture and notifies the registrar of~~	9586
~~the termination. The registrar then shall take the necessary~~	9587
~~measures to permit the person to register a vehicle owned or~~	9588
~~leased by the person or to transfer registration of the vehicle.~~	9589

Sec. 4510.16. (A) No person, whose driver's or commercial	9590
driver's license or temporary instruction permit or nonresident's	9591
operating privilege has been suspended or canceled pursuant to	9592
Chapter 4509. of the Revised Code, shall operate any motor vehicle	9593
within this state, or knowingly permit any motor vehicle owned by	9594
the person to be operated by another person in the state, during	9595
the period of the suspension or cancellation, except as	9596
specifically authorized by Chapter 4509. of the Revised Code. No	9597
person shall operate a motor vehicle within this state, or	9598
knowingly permit any motor vehicle owned by the person to be	9599
operated by another person in the state, during the period in	9600
which the person is required by section 4509.45 of the Revised	9601
Code to file and maintain proof of financial responsibility for a	9602
violation of section 4509.101 of the Revised Code, unless proof of	9603
financial responsibility is maintained with respect to that	9604
vehicle.	9605

(B) No person shall operate any motor vehicle upon a highway	9606
or any public or private property used by the public for purposes	9607
of vehicular travel or parking in this state if the person's	9608
driver's or commercial driver's license or temporary instruction	9609
permit or nonresident operating privilege has been suspended	9610
pursuant to section 4509.37 or 4509.40 of the Revised Code for	9611
nonpayment of a judgment.	9612

(C) Upon the request or motion of the prosecuting authority,	9613
a noncertified copy of the law enforcement automated data system	9614
report or a noncertified copy of a record of the registrar of	9615
motor vehicles that shows the name, date of birth, and social	9616
security number of a person charged with a violation of division	9617
(A) or (B) of this section may be admitted into evidence as	9618
prima-facie evidence that the license of the person was under	9619
either a financial responsibility law suspension at the time of	9620
the alleged violation of division (A) of this section or a	9621
nonpayment of judgment suspension at the time of the alleged	9622
violation of division (B) of this section. The person charged with	9623
a violation of division (A) or (B) of this section may offer	9624
evidence to rebut this prima-facie evidence.	9625

(D) Whoever violates division (A) of this section is guilty	9626
of driving under financial responsibility law suspension or	9627
cancellation and shall be punished as provided in divisions (D) to	9628
(I) of this section. Whoever violates division (B) of this section	9629
is guilty of driving under a nonpayment of judgment suspension and	9630
shall be punished as provided in divisions (D) to (I) of this	9631
section.	9632

(1) Except as otherwise provided in division (D)(2) of this	9633
section, the offense is an unclassified misdemeanor. When the	9634
offense is an unclassified misdemeanor, the offender shall be	9635
sentenced pursuant to sections 2929.21 to 2929.28 of the Revised	9636
Code, except that the offender shall not be sentenced to a jail	9637
term; the offender shall not be sentenced to a community	9638
residential sanction pursuant to section 2929.26 of the Revised	9639
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the	9640
Revised Code, the offender may be fined up to one thousand	9641
dollars; and, notwithstanding division (A)(3) of section 2929.27	9642
of the Revised Code, the offender may be ordered pursuant to	9643
division (C) of that section to serve a term of community service	9644
of up to five hundred hours. The failure of an offender to	9645
complete a term of community service imposed by the court may be	9646
punished as indirect criminal contempt under division (A) of	9647
section 2705.02 of the Revised Code that may be filed in the	9648
underlying case.	9649

(2) If, within three years of the offense, the offender	9650
previously was convicted of or pleaded guilty to two or more	9651
violations of this section, or any combination of two violations	9652
of this section or section 4510.11 or 4510.111 of the Revised	9653
Code, or a substantially equivalent municipal ordinance, the	9654
offense is a misdemeanor of the ~~first~~fourth degree.	9655

~~(E) The offender shall provide the court with proof of~~	9656
~~financial responsibility as defined in section 4509.01 of the~~	9657
~~Revised Code. If the offender fails to provide that proof of~~	9658
~~financial responsibility, then, in addition to any other penalties~~	9659
~~provided by law, the court may order restitution pursuant to~~	9660
~~section 2929.28 of the Revised Code in an amount not exceeding~~	9661
~~five thousand dollars for any economic loss arising from an~~	9662
~~accident or collision that was the direct and proximate result of~~	9663
~~the offender's operation of the vehicle before, during, or after~~	9664
~~committing the offense for which the offender is sentenced under~~	9665
~~this section.~~	9666

~~(F) The court may impose a class seven suspension of the~~	9667
~~offender's driver's or commercial driver's license or permit or~~	9668
~~nonresident operating privilege from the range of time specified~~	9669
~~in division (A)(7) of section 4510.02 of the Revised Code.~~	9670

~~(G)(1) If the vehicle is registered in the offender's name~~	9671
~~and if, within three years of the offense, the offender previously~~	9672
~~has been convicted of or pleaded guilty to one violation of~~	9673
~~division (A) or (B) of this section or section 4510.11 or 4510.111~~	9674
~~of the Revised Code or a substantially equivalent municipal~~	9675
~~ordinance, the court, in addition to or independent of any other~~	9676
~~sentence that it imposes upon the offender, may order the~~	9677
~~immobilization for thirty days of the vehicle involved in the~~	9678
~~offense and the impoundment for thirty days of the license plates~~	9679
~~of that vehicle in accordance with section 4503.233 of the Revised~~	9680
~~Code.~~	9681

~~(2) If the vehicle is registered in the offender's name and~~	9682
~~if, within three years of the offense, the offender has been~~	9683
~~convicted of or pleaded guilty to two violations of division (A)~~	9684
~~or (B) of this section or section 4510.11 or 4510.111 of the~~	9685
~~Revised Code, or any combination of two violations of this section~~	9686
~~or section 4510.11 or 4510.111 of the Revised Code, or a~~	9687
~~substantially similar municipal ordinance, the court, in addition~~	9688
~~to or independent of any other sentence that it imposes on the~~	9689
~~offender, may order the immobilization for sixty days of the~~	9690
~~vehicle involved in the offense and the impoundment for sixty days~~	9691
~~of the license plates of that vehicle in accordance with section~~	9692
~~4503.233 of the Revised Code.~~	9693

~~(3) If the vehicle is registered in the offender's name and~~	9694
~~if, within three years of the offense, the offender has been~~	9695
~~convicted of or pleaded guilty to three or more violations of this~~	9696
~~section or section 4510.11 or 4510.111 of the Revised Code, or any~~	9697
~~combination of three or more violations of this section or section~~	9698
~~4510.11 or 4510.111 of the Revised Code, or a substantially~~	9699
~~similar municipal ordinance, the court, in addition to or~~	9700
~~independent of any other sentence that it imposes upon the~~	9701
~~offender, may order the criminal forfeiture to the state of the~~	9702
~~vehicle involved in the offense. If title to a motor vehicle that~~	9703
~~is subject to an order for criminal forfeiture under this division~~	9704
~~is assigned or transferred and division (B)(2) or (3) of section~~	9705
~~4503.234 of the Revised Code applies, in addition to or~~	9706
~~independent of any other penalty established by law, the court may~~	9707
~~fine the offender the value of the vehicle as determined by~~	9708
~~publications of the national automobile dealers association. The~~	9709
~~proceeds from any fine so imposed shall be distributed in~~	9710
~~accordance with division (C)(2) of that section.~~	9711

~~(H) Any order for immobilization and impoundment under this~~	9712
~~section shall be issued and enforced in accordance with sections~~	9713
~~4503.233 and 4507.02 of the Revised Code, as applicable. The court~~	9714
~~shall not release a vehicle from immobilization ordered under this~~	9715
~~section unless the court is presented with current proof of~~	9716
~~financial responsibility with respect to that vehicle.~~	9717

~~(I) An order for criminal forfeiture under this section shall~~	9718
~~be issued and enforced under section 4503.234 of the Revised Code.~~	9719
~~Upon receipt of a copy of the order from the court, neither the~~	9720
~~registrar of motor vehicles nor a deputy registrar shall accept~~	9721
~~any application for the registration or transfer of registration~~	9722
~~of any motor vehicle owned or leased by the person named in the~~	9723
~~declaration of forfeiture. The period of registration denial shall~~	9724
~~be five years after the date of the order unless, during that~~	9725
~~period, the court having jurisdiction of the offense that led to~~	9726
~~the order terminates the forfeiture and notifies the registrar of~~	9727
~~the termination. The registrar then shall take the necessary~~	9728
~~measures to permit the person to register a vehicle owned or~~	9729
~~leased by the person or to transfer registration of the vehicle.~~	9730

Sec. 4510.161. (A) The requirements and sanctions imposed by	9731
divisions (B) and (C) of this section are an adjunct to and derive	9732
from the state's exclusive authority over the registration and	9733
titling of motor vehicles and do not comprise a part of the	9734
criminal sentence to be imposed upon a person who violates a	9735
municipal ordinance that is substantially equivalent to section	9736
4510.14 ~~or to division (A) of section 4510.16~~ of the Revised Code.	9737

(B) ~~If a person is convicted of or pleads guilty to a~~	9738
~~violation of a municipal ordinance that is substantially~~	9739
~~equivalent to division (A) of section 4510.16 of the Revised Code~~	9740
~~or former division (B)(1) of section 4507.02 of the Revised Code~~	9741
~~or a municipal ordinance that is substantially equivalent to~~	9742
~~either of those divisions, the court, in addition to or~~	9743
~~independent of any sentence that it imposes upon the offender for~~	9744
~~the offense, may do whichever of the following is applicable:~~	9745

~~(1) If the vehicle is registered in the offender's name and~~	9746
~~if, within three years of the current offense, the offender~~	9747
~~previously has been convicted of or pleaded guilty to one~~	9748
~~violation of this section or section 4510.11, 4510.111, or 4510.16~~	9749
~~of the Revised Code or a substantially equivalent municipal~~	9750
~~ordinance, the court, in addition to or independent of any other~~	9751
~~sentence that it imposes upon the offender, may order the~~	9752
~~immobilization of the vehicle involved in the offense for thirty~~	9753
~~days and the impoundment of that vehicle's license plates for~~	9754
~~thirty days in accordance with section 4503.233 of the Revised~~	9755
~~Code.~~	9756

~~(2) If the vehicle is registered in the offender's name and~~	9757
~~if, within three years of the current offense, the offender~~	9758
~~previously has been convicted of or pleaded guilty to two~~	9759
~~violations of this section or any combination of two violations of~~	9760
~~this section or section 4510.11, 4510.111, or 4510.16 of the~~	9761
~~Revised Code, or a substantially equivalent municipal ordinance,~~	9762
~~the court, in addition to or independent of any other sentence~~	9763
~~that it imposes upon the offender, may order the immobilization~~	9764
~~for sixty days of the vehicle involved in the offense and the~~	9765
~~impoundment of that vehicle's license plates for sixty days in~~	9766
~~accordance with section 4503.233 of the Revised Code.~~	9767

~~(3) If the vehicle is registered in the offender's name and~~	9768
~~if, within three years of the current offense, the offender~~	9769
~~previously has been convicted of or pleaded guilty to three or~~	9770
~~more violations of this section or any combination of three or~~	9771
~~more violations of this section or section 4510.11, 4510.111, or~~	9772
~~4510.16 of the Revised Code, or a substantially equivalent~~	9773
~~municipal ordinance, the court may order the criminal forfeiture~~	9774
~~to the state of the vehicle the offender was operating at the time~~	9775
~~of the offense. If title to a motor vehicle that is subject to an~~	9776
~~order for criminal forfeiture under this division is assigned or~~	9777
~~transferred and division (B)(2) or (3) of section 4503.234 of the~~	9778
~~Revised Code applies, in addition to or independent of any other~~	9779
~~penalty established by law, the court may fine the offender the~~	9780
~~value of the motor vehicle as determined by publications of the~~	9781
~~national automobile dealers association. The proceeds from any~~	9782
~~fine so imposed shall be distributed in accordance with division~~	9783
~~(C)(2) of that section.~~	9784

~~(C)~~ If a person is convicted of or pleads guilty to a	9785
violation of a municipal ordinance that is substantially	9786
equivalent to section 4510.14 of the Revised Code, the court, in	9787
addition to and independent of any sentence that it imposes upon	9788
the offender for the offense, if the vehicle the offender was	9789
operating at the time of the offense is registered in the	9790
offender's name, shall do whichever of the following is	9791
applicable:	9792

(1) If, within six years of the current offense, the offender	9793
has not been convicted of or pleaded guilty to a violation of	9794
section 4510.14 or former division (D)(2) of section 4507.02 of	9795
the Revised Code or a municipal ordinance that is substantially	9796
equivalent to that section or former division, the court shall	9797
order the immobilization for thirty days of the vehicle involved	9798
in the offense and the impoundment for thirty days of the license	9799
plates of that vehicle in accordance with section 4503.233 of the	9800
Revised Code.	9801

(2) If, within six years of the current offense, the offender	9802
has been convicted of or pleaded guilty to one violation of	9803
section 4510.14 or former division (D)(2) of section 4507.02 of	9804
the Revised Code or a municipal ordinance that is substantially	9805
equivalent to that section or former division, the court shall	9806
order the immobilization for sixty days of the vehicle involved in	9807
the offense and the impoundment for sixty days of the license	9808
plates of that vehicle in accordance with section 4503.233 of the	9809
Revised Code.	9810

(3) If, within six years of the current offense, the offender	9811
has been convicted of or pleaded guilty to two or more violations	9812
of section 4510.14 or former division (D)(2) of section 4507.02 of	9813
the Revised Code or a municipal ordinance that is substantially	9814
equivalent to that section or former division, the court shall	9815
order the criminal forfeiture to the state of the vehicle the	9816
offender was operating at the time of the offense.	9817

~~(D)~~(C) An order for immobilization and impoundment of a	9818
vehicle under this section shall be issued and enforced in	9819
accordance with sections 4503.233 and 4507.02 of the Revised Code,	9820
as applicable. The court shall not release a vehicle from	9821
immobilization ordered under this section unless the court is	9822
presented with current proof of financial responsibility with	9823
respect to that vehicle.	9824

~~(E)~~(D) An order for criminal forfeiture of a vehicle under	9825
this section shall be issued and enforced under section 4503.234	9826
of the Revised Code. Upon receipt of a copy of the order from the	9827
court, neither the registrar of motor vehicles nor a deputy	9828
registrar shall accept any application for the registration or	9829
transfer of registration of any motor vehicle owned or leased by	9830
the person named in the declaration of forfeiture. The period of	9831
registration denial shall be five years after the date of the	9832
order unless, during that period, the court having jurisdiction of	9833
the offense that led to the order terminates the forfeiture and	9834
notifies the registrar of the termination. The registrar then	9835
shall take the necessary measures to permit the person to register	9836
a vehicle owned or leased by the person or to transfer	9837
registration of the vehicle.	9838

Sec. 4510.17. (A) The registrar of motor vehicles shall	9839
impose a class D suspension of the person's driver's license,	9840
commercial driver's license, temporary instruction permit,	9841
probationary license, or nonresident operating privilege for the	9842
period of time specified in division (B)(4) of section 4510.02 of	9843
the Revised Code on any person who is a resident of this state and	9844
is convicted of or pleads guilty to a violation of a statute of	9845
any other state or any federal statute that is substantially	9846
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,	9847
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.141, 2925.22,	9848
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised	9849
Code. Upon receipt of a report from a court, court clerk, or other	9850
official of any other state or from any federal authority that a	9851
resident of this state was convicted of or pleaded guilty to an	9852
offense described in this division, the registrar shall send a	9853
notice by regular first class mail to the person, at the person's	9854
last known address as shown in the records of the bureau of motor	9855
vehicles, informing the person of the suspension, that the	9856
suspension will take effect twenty-one days from the date of the	9857
notice, and that, if the person wishes to appeal the suspension or	9858
denial, the person must file a notice of appeal within twenty-one	9859
days of the date of the notice requesting a hearing on the matter.	9860
If the person requests a hearing, the registrar shall hold the	9861
hearing not more than forty days after receipt by the registrar of	9862
the notice of appeal. The filing of a notice of appeal does not	9863
stay the operation of the suspension that must be imposed pursuant	9864
to this division. The scope of the hearing shall be limited to	9865
whether the person actually was convicted of or pleaded guilty to	9866
the offense for which the suspension is to be imposed.	9867

The suspension the registrar is required to impose under this	9868
division shall end either on the last day of the class D	9869
suspension period or of the suspension of the person's nonresident	9870
operating privilege imposed by the state or federal court,	9871
whichever is earlier.	9872

The registrar shall subscribe to or otherwise participate in	9873
any information system or register, or enter into reciprocal and	9874
mutual agreements with other states and federal authorities, in	9875
order to facilitate the exchange of information with other states	9876
and the United States government regarding persons who plead	9877
guilty to or are convicted of offenses described in this division	9878
and therefore are subject to the suspension or denial described in	9879
this division.	9880

(B) The registrar shall impose a class D suspension of the	9881
person's driver's license, commercial driver's license, temporary	9882
instruction permit, probationary license, or nonresident operating	9883
privilege for the period of time specified in division (B)(4) of	9884
section 4510.02 of the Revised Code on any person who is a	9885
resident of this state and is convicted of or pleads guilty to a	9886
violation of a statute of any other state or a municipal ordinance	9887
of a municipal corporation located in any other state that is	9888
substantially similar to section 4511.19 of the Revised Code. Upon	9889
receipt of a report from another state made pursuant to section	9890
4510.61 of the Revised Code indicating that a resident of this	9891
state was convicted of or pleaded guilty to an offense described	9892
in this division, the registrar shall send a notice by regular	9893
first class mail to the person, at the person's last known address	9894
as shown in the records of the bureau of motor vehicles, informing	9895
the person of the suspension, that the suspension or denial will	9896
take effect twenty-one days from the date of the notice, and that,	9897
if the person wishes to appeal the suspension, the person must	9898
file a notice of appeal within twenty-one days of the date of the	9899
notice requesting a hearing on the matter. If the person requests	9900
a hearing, the registrar shall hold the hearing not more than	9901
forty days after receipt by the registrar of the notice of appeal.	9902
The filing of a notice of appeal does not stay the operation of	9903
the suspension that must be imposed pursuant to this division. The	9904
scope of the hearing shall be limited to whether the person	9905
actually was convicted of or pleaded guilty to the offense for	9906
which the suspension is to be imposed.	9907

The suspension the registrar is required to impose under this	9908
division shall end either on the last day of the class D	9909
suspension period or of the suspension of the person's nonresident	9910
operating privilege imposed by the state or federal court,	9911
whichever is earlier.	9912

(C) The registrar shall impose a class D suspension of the	9913
child's driver's license, commercial driver's license, temporary	9914
instruction permit, or nonresident operating privilege for the	9915
period of time specified in division (B)(4) of section 4510.02 of	9916
the Revised Code on any child who is a resident of this state and	9917
is convicted of or pleads guilty to a violation of a statute of	9918
any other state or any federal statute that is substantially	9919
similar to section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,	9920
2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.141, 2925.22,	9921
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised	9922
Code. Upon receipt of a report from a court, court clerk, or other	9923
official of any other state or from any federal authority that a	9924
child who is a resident of this state was convicted of or pleaded	9925
guilty to an offense described in this division, the registrar	9926
shall send a notice by regular first class mail to the child, at	9927
the child's last known address as shown in the records of the	9928
bureau of motor vehicles, informing the child of the suspension,	9929
that the suspension or denial will take effect twenty-one days	9930
from the date of the notice, and that, if the child wishes to	9931
appeal the suspension, the child must file a notice of appeal	9932
within twenty-one days of the date of the notice requesting a	9933
hearing on the matter. If the child requests a hearing, the	9934
registrar shall hold the hearing not more than forty days after	9935
receipt by the registrar of the notice of appeal. The filing of a	9936
notice of appeal does not stay the operation of the suspension	9937
that must be imposed pursuant to this division. The scope of the	9938
hearing shall be limited to whether the child actually was	9939
convicted of or pleaded guilty to the offense for which the	9940
suspension is to be imposed.	9941

The suspension the registrar is required to impose under this	9942
division shall end either on the last day of the class D	9943
suspension period or of the suspension of the child's nonresident	9944
operating privilege imposed by the state or federal court,	9945
whichever is earlier. If the child is a resident of this state who	9946
is sixteen years of age or older and does not have a current,	9947
valid Ohio driver's or commercial driver's license or permit, the	9948
notice shall inform the child that the child will be denied	9949
issuance of a driver's or commercial driver's license or permit	9950
for six months beginning on the date of the notice. If the child	9951
has not attained the age of sixteen years on the date of the	9952
notice, the notice shall inform the child that the period of	9953
denial of six months shall commence on the date the child attains	9954
the age of sixteen years.	9955

The registrar shall subscribe to or otherwise participate in	9956
any information system or register, or enter into reciprocal and	9957
mutual agreements with other states and federal authorities, in	9958
order to facilitate the exchange of information with other states	9959
and the United States government regarding children who are	9960
residents of this state and plead guilty to or are convicted of	9961
offenses described in this division and therefore are subject to	9962
the suspension or denial described in this division.	9963

(D) The registrar shall impose a class D suspension of the	9964
child's driver's license, commercial driver's license, temporary	9965
instruction permit, probationary license, or nonresident operating	9966
privilege for the period of time specified in division (B)(4) of	9967
section 4510.02 of the Revised Code on any child who is a resident	9968
of this state and is convicted of or pleads guilty to a violation	9969
of a statute of any other state or a municipal ordinance of a	9970
municipal corporation located in any other state that is	9971
substantially similar to section 4511.19 of the Revised Code. Upon	9972
receipt of a report from another state made pursuant to section	9973
4510.61 of the Revised Code indicating that a child who is a	9974
resident of this state was convicted of or pleaded guilty to an	9975
offense described in this division, the registrar shall send a	9976
notice by regular first class mail to the child, at the child's	9977
last known address as shown in the records of the bureau of motor	9978
vehicles, informing the child of the suspension, that the	9979
suspension will take effect twenty-one days from the date of the	9980
notice, and that, if the child wishes to appeal the suspension,	9981
the child must file a notice of appeal within twenty-one days of	9982
the date of the notice requesting a hearing on the matter. If the	9983
child requests a hearing, the registrar shall hold the hearing not	9984
more than forty days after receipt by the registrar of the notice	9985
of appeal. The filing of a notice of appeal does not stay the	9986
operation of the suspension that must be imposed pursuant to this	9987
division. The scope of the hearing shall be limited to whether the	9988
child actually was convicted of or pleaded guilty to the offense	9989
for which the suspension is to be imposed.	9990

The suspension the registrar is required to impose under this	9991
division shall end either on the last day of the class D	9992
suspension period or of the suspension of the child's nonresident	9993
operating privilege imposed by the state or federal court,	9994
whichever is earlier. If the child is a resident of this state who	9995
is sixteen years of age or older and does not have a current,	9996
valid Ohio driver's or commercial driver's license or permit, the	9997
notice shall inform the child that the child will be denied	9998
issuance of a driver's or commercial driver's license or permit	9999
for six months beginning on the date of the notice. If the child	10000
has not attained the age of sixteen years on the date of the	10001
notice, the notice shall inform the child that the period of	10002
denial of six months shall commence on the date the child attains	10003
the age of sixteen years.	10004

(E) Any person whose license or permit has been suspended	10005
pursuant to this section may file a petition in the municipal or	10006
county court, or in case the person is under eighteen years of	10007
age, the juvenile court, in whose jurisdiction the person resides,	10008
agreeing to pay the cost of the proceedings and alleging that the	10009
suspension would seriously affect the person's ability to continue	10010
the person's employment. Upon satisfactory proof that there is	10011
reasonable cause to believe that the suspension would seriously	10012
affect the person's ability to continue the person's employment,	10013
the judge may grant the person limited driving privileges during	10014
the period during which the suspension otherwise would be imposed,	10015
except that the judge shall not grant limited driving privileges	10016
for employment as a driver of a commercial motor vehicle to any	10017
person who would be disqualified from operating a commercial motor	10018
vehicle under section 4506.16 of the Revised Code if the violation	10019
had occurred in this state, or during any of the following periods	10020
of time:	10021

(1) The first fifteen days of a suspension under division (B)	10022
or (D) of this section, if the person has not been convicted	10023
within six years of the date of the offense giving rise to the	10024
suspension under this section of a violation of any of the	10025
following:	10026

(a) Section 4511.19 of the Revised Code, or a municipal	10027
ordinance relating to operating a vehicle while under the	10028
influence of alcohol, a drug of abuse, or alcohol and a drug of	10029
abuse;	10030

(b) A municipal ordinance relating to operating a motor	10031
vehicle with a prohibited concentration of alcohol, a controlled	10032
substance, or a metabolite of a controlled substance in the whole	10033
blood, blood serum or plasma, breath, or urine;	10034

(c) Section 2903.04 of the Revised Code in a case in which	10035
the person was subject to the sanctions described in division (D)	10036
of that section;	10037

(d) Division (A)(1) of section 2903.06 or division (A)(1) of	10038
section 2903.08 of the Revised Code or a municipal ordinance that	10039
is substantially similar to either of those divisions;	10040

(e) Division (A)(2), (3), or (4) of section 2903.06, division	10041
(A)(2) of section 2903.08, or as it existed prior to March 23,	10042
2000, section 2903.07 of the Revised Code, or a municipal	10043
ordinance that is substantially similar to any of those divisions	10044
or that former section, in a case in which the jury or judge found	10045
that the person was under the influence of alcohol, a drug of	10046
abuse, or alcohol and a drug of abuse.	10047

(2) The first thirty days of a suspension under division (B)	10048
or (D) of this section, if the person has been convicted one time	10049
within six years of the date of the offense giving rise to the	10050
suspension under this section of any violation identified in	10051
division (E)(1) of this section.	10052

(3) The first one hundred eighty days of a suspension under	10053
division (B) or (D) of this section, if the person has been	10054
convicted two times within six years of the date of the offense	10055
giving rise to the suspension under this section of any violation	10056
identified in division (E)(1) of this section.	10057

(4) No limited driving privileges may be granted if the	10058
person has been convicted three or more times within five years of	10059
the date of the offense giving rise to a suspension under division	10060
(B) or (D) of this section of any violation identified in division	10061
(E)(1) of this section.	10062

If a person petitions for limited driving privileges under	10063
division (E) of this section, the registrar shall be represented	10064
by the county prosecutor of the county in which the person resides	10065
if the petition is filed in a juvenile court or county court,	10066
except that if the person resides within a city or village that is	10067
located within the jurisdiction of the county in which the	10068
petition is filed, the city director of law or village solicitor	10069
of that city or village shall represent the registrar. If the	10070
petition is filed in a municipal court, the registrar shall be	10071
represented as provided in section 1901.34 of the Revised Code.	10072

In granting limited driving privileges under division (E) of	10073
this section, the court may impose any condition it considers	10074
reasonable and necessary to limit the use of a vehicle by the	10075
person. The court shall deliver to the person a permit card, in a	10076
form to be prescribed by the court, setting forth the time, place,	10077
and other conditions limiting the person's use of a motor vehicle.	10078
The grant of limited driving privileges shall be conditioned upon	10079
the person's having the permit in the person's possession at all	10080
times during which the person is operating a vehicle.	10081

A person granted limited driving privileges who operates a	10082
vehicle for other than limited purposes, in violation of any	10083
condition imposed by the court or without having the permit in the	10084
person's possession, is guilty of a violation of section 4510.11	10085
of the Revised Code.	10086

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

10087

(1) "Child" means a person who is under the age of eighteen	10088
years, except that any person who violates a statute or ordinance	10089
described in division (C) or (D) of this section prior to	10090
attaining eighteen years of age shall be deemed a "child"	10091
irrespective of the person's age at the time the complaint or	10092
other equivalent document is filed in the other state or a	10093
hearing, trial, or other proceeding is held in the other state on	10094
the complaint or other equivalent document, and irrespective of	10095
the person's age when the period of license suspension or denial	10096
prescribed in division (C) or (D) of this section is imposed.	10097

(2) "Is convicted of or pleads guilty to" means, as it	10098
relates to a child who is a resident of this state, that in a	10099
proceeding conducted in a state or federal court located in	10100
another state for a violation of a statute or ordinance described	10101
in division (C) or (D) of this section, the result of the	10102
proceeding is any of the following:	10103

(a) Under the laws that govern the proceedings of the court,	10104
the child is adjudicated to be or admits to being a delinquent	10105
child or a juvenile traffic offender for a violation described in	10106
division (C) or (D) of this section that would be a crime if	10107
committed by an adult;	10108

(b) Under the laws that govern the proceedings of the court,	10109
the child is convicted of or pleads guilty to a violation	10110
described in division (C) or (D) of this section;	10111

(c) Under the laws that govern the proceedings of the court,	10112
irrespective of the terminology utilized in those laws, the result	10113
of the court's proceedings is the functional equivalent of	10114
division (F)(2)(a) or (b) of this section.	10115

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

10116

(1) "Arrested person" means a person who is arrested for a	10117
violation of section 4510.14~~, 4510.16,~~ or 4511.203 of the Revised	10118
Code, or a municipal ordinance that is substantially equivalent to	10119
~~any~~either of those sections, and whose arrest results in a	10120
vehicle being seized under division (B) of this section.	10121

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

10122

(a) The person in whose name is registered, at the time of	10123
the seizure, a vehicle that is seized under division (B) of this	10124
section;	10125

(b) A person to whom the certificate of title to a vehicle	10126
that is seized under division (B) of this section has been	10127
assigned and who has not obtained a certificate of title to the	10128
vehicle in that person's name, but who is deemed by the court as	10129
being the owner of the vehicle at the time the vehicle was seized	10130
under division (B) of this section.	10131

(3) "Interested party" includes the owner of a vehicle seized	10132
under this section, all lienholders, the arrested person, the	10133
owner of the place of storage at which a vehicle seized under this	10134
section is stored, and the person or entity that caused the	10135
vehicle to be removed.	10136

(B)(1) If a person is arrested for a violation of section	10137
4510.14 or 4511.203 of the Revised Code or a municipal ordinance	10138
that is substantially equivalent to either of those sections ~~or if~~	10139
~~a person is arrested for a violation of section 4510.16 of the~~	10140
~~Revised Code or a municipal ordinance that is substantially~~	10141
~~equivalent to that section and if division (G)(2) of section~~	10142
~~4510.16 or division (B) of section 4510.161 of the Revised Code~~	10143
~~applies~~, the arresting officer or another officer of the law	10144
enforcement agency that employs the arresting officer, in addition	10145
to any action that the arresting officer is required or authorized	10146
to take by any other provision of law, shall seize the vehicle	10147
that the person was operating at the time of, or that was involved	10148
in, the alleged offense if the vehicle is registered in the	10149
arrested person's name and its license plates. A law enforcement	10150
agency that employs a law enforcement officer who makes an arrest	10151
of a type that is described in this division and that involves a	10152
rented or leased vehicle that is being rented or leased for a	10153
period of thirty days or less shall notify, within twenty-four	10154
hours after the officer makes the arrest, the lessor or owner of	10155
the vehicle regarding the circumstances of the arrest and the	10156
location at which the vehicle may be picked up. At the time of the	10157
seizure of the vehicle, the law enforcement officer who made the	10158
arrest shall give the arrested person written notice that the	10159
vehicle and its license plates have been seized; that the vehicle	10160
either will be kept by the officer's law enforcement agency or	10161
will be immobilized at least until the person's initial appearance	10162
on the charge of the offense for which the arrest was made; that,	10163
at the initial appearance, the court in certain circumstances may	10164
order that the vehicle and license plates be released to the	10165
arrested person until the disposition of that charge; that, if the	10166
arrested person is convicted of that charge, the court generally	10167
must order the immobilization of the vehicle and the impoundment	10168
of its license plates or the forfeiture of the vehicle; and that	10169
the arrested person may be charged expenses or charges incurred	10170
under this section and section 4503.233 of the Revised Code for	10171
the removal and storage of the vehicle.	10172

(2) The arresting officer or a law enforcement officer of the	10173
agency that employs the arresting officer shall give written	10174
notice of the seizure under division (B)(1) of this section to the	10175
court that will conduct the initial appearance of the arrested	10176
person on the charges arising out of the arrest. Upon receipt of	10177
the notice, the court promptly shall determine whether the	10178
arrested person is the vehicle owner. If the court determines that	10179
the arrested person is not the vehicle owner, it promptly shall	10180
send by regular mail written notice of the seizure to the	10181
vehicle's registered owner. The written notice shall contain all	10182
of the information required by division (B)(1) of this section to	10183
be in a notice to be given to the arrested person and also shall	10184
specify the date, time, and place of the arrested person's initial	10185
appearance. The notice also shall inform the vehicle owner that if	10186
title to a motor vehicle that is subject to an order for criminal	10187
forfeiture under this section is assigned or transferred and	10188
division (B)(2) or (3) of section 4503.234 of the Revised Code	10189
applies, the court may fine the arrested person the value of the	10190
vehicle. The notice also shall state that if the vehicle is	10191
immobilized under division (A) of section 4503.233 of the Revised	10192
Code, seven days after the end of the period of immobilization a	10193
law enforcement agency will send the vehicle owner a notice,	10194
informing the owner that if the release of the vehicle is not	10195
obtained in accordance with division (D)(3) of section 4503.233 of	10196
the Revised Code, the vehicle shall be forfeited. The notice also	10197
shall inform the vehicle owner that the owner may be charged	10198
expenses or charges incurred under this section and section	10199
4503.233 of the Revised Code for the removal and storage of the	10200
vehicle.	10201

The written notice that is given to the arrested person also	10202
shall state that if the person is convicted of or pleads guilty to	10203
the offense and the court issues an immobilization and impoundment	10204
order relative to that vehicle, division (D)(4) of section	10205
4503.233 of the Revised Code prohibits the vehicle from being sold	10206
during the period of immobilization without the prior approval of	10207
the court.	10208

(3) At or before the initial appearance, the vehicle owner	10209
may file a motion requesting the court to order that the vehicle	10210
and its license plates be released to the vehicle owner. Except as	10211
provided in this division and subject to the payment of expenses	10212
or charges incurred in the removal and storage of the vehicle, the	10213
court, in its discretion, then may issue an order releasing the	10214
vehicle and its license plates to the vehicle owner. Such an order	10215
may be conditioned upon such terms as the court determines	10216
appropriate, including the posting of a bond in an amount	10217
determined by the court. If the arrested person is not the vehicle	10218
owner and if the vehicle owner is not present at the arrested	10219
person's initial appearance, and if the court believes that the	10220
vehicle owner was not provided with adequate notice of the initial	10221
appearance, the court, in its discretion, may allow the vehicle	10222
owner to file a motion within seven days of the initial	10223
appearance. If the court allows the vehicle owner to file such a	10224
motion after the initial appearance, the extension of time granted	10225
by the court does not extend the time within which the initial	10226
appearance is to be conducted. If the court issues an order for	10227
the release of the vehicle and its license plates, a copy of the	10228
order shall be made available to the vehicle owner. If the vehicle	10229
owner presents a copy of the order to the law enforcement agency	10230
that employs the law enforcement officer who arrested the arrested	10231
person, the law enforcement agency promptly shall release the	10232
vehicle and its license plates to the vehicle owner upon payment	10233
by the vehicle owner of any expenses or charges incurred in the	10234
removal or storage of the vehicle.	10235

(4) A vehicle seized under division (B)(1) of this section	10236
either shall be towed to a place specified by the law enforcement	10237
agency that employs the arresting officer to be safely kept by the	10238
agency at that place for the time and in the manner specified in	10239
this section or shall be otherwise immobilized for the time and in	10240
the manner specified in this section. A law enforcement officer of	10241
that agency shall remove the identification license plates of the	10242
vehicle, and they shall be safely kept by the agency for the time	10243
and in the manner specified in this section. No vehicle that is	10244
seized and either towed or immobilized pursuant to this division	10245
shall be considered contraband for purposes of Chapter 2981. of	10246
the Revised Code. The vehicle shall not be immobilized at any	10247
place other than a commercially operated private storage lot, a	10248
place owned by a law enforcement or other government agency, or a	10249
place to which one of the following applies:	10250

(a) The place is leased by or otherwise under the control of	10251
a law enforcement or other government agency.	10252

(b) The place is owned by the arrested person, the arrested	10253
person's spouse, or a parent or child of the arrested person.	10254

(c) The place is owned by a private person or entity, and,	10255
prior to the immobilization, the private entity or person that	10256
owns the place, or the authorized agent of that private entity or	10257
person, has given express written consent for the immobilization	10258
to be carried out at that place.	10259

(d) The place is a public street or highway on which the	10260
vehicle is parked in accordance with the law.	10261

(C)(1) A vehicle seized under division (B)(1) of this section	10262
shall be safely kept at the place to which it is towed or	10263
otherwise moved by the law enforcement agency that employs the	10264
arresting officer until the initial appearance of the arrested	10265
person relative to the charge in question. The license plates of	10266
the vehicle that are removed pursuant to division (B)(1) of this	10267
section shall be safely kept by the law enforcement agency that	10268
employs the arresting officer until at least the initial	10269
appearance of the arrested person relative to the charge in	10270
question.	10271

(2)(a) At the initial appearance or not less than seven days	10272
prior to the date of final disposition, the court shall notify the	10273
arrested person that, if title to a motor vehicle that is subject	10274
to an order for criminal forfeiture under this section is assigned	10275
or transferred and division (B)(2) or (3) of section 4503.234 of	10276
the Revised Code applies, the court may fine the arrested person	10277
the value of the vehicle. If, at the initial appearance, the	10278
arrested person pleads guilty to the violation of section 4510.14,	10279
~~4510.16,~~ or 4511.203 of the Revised Code, or a municipal ordinance	10280
that is substantially equivalent to ~~any~~either of those sections	10281
or pleads no contest to and is convicted of the violation, the	10282
following sentencing provisions apply:	10283

(i) If the person violated section 4510.14 of the Revised	10284
Code or a municipal ordinance that is substantially equivalent to	10285
that section, the court shall impose sentence upon the person as	10286
provided by law or ordinance; the court shall order the	10287
immobilization of the vehicle the arrested person was operating at	10288
the time of, or that was involved in, the offense if registered in	10289
the arrested person's name and the impoundment of its license	10290
plates under sections 4503.233 and 4510.14 of the Revised Code or	10291
the criminal forfeiture to the state of the vehicle if registered	10292
in the arrested person's name under sections 4503.234 and 4510.14	10293
of the Revised Code, whichever is applicable; and the vehicle and	10294
its license plates shall not be returned or released to the	10295
arrested person.	10296

(ii) If the person violated section 4511.203 of the Revised	10297
Code or a municipal ordinance that is substantially equivalent to	10298
that section, ~~or violated section 4510.16 of the Revised Code or a~~	10299
~~municipal ordinance that is substantially equivalent to that~~	10300
~~section and division (G)(2) of section 4510.16 or division (B) of~~	10301
~~section 4510.161 of the Revised Code applies,~~ the court shall	10302
impose sentence upon the person as provided by law or ordinance;	10303
the court may order the immobilization of the vehicle the arrested	10304
person was operating at the time of, or that was involved in, the	10305
offense if registered in the arrested person's name and the	10306
impoundment of its license plates under section 4503.233 and	10307
section ~~4510.16, 4510.161, or~~ 4511.203 of the Revised Code or the	10308
criminal forfeiture to the state of the vehicle if registered in	10309
the arrested person's name under section 4503.234 and section	10310
~~4510.16, 4510.161, or~~ 4511.203 of the Revised Code, whichever is	10311
applicable; and the vehicle and its license plates shall not be	10312
returned or released to the arrested person.	10313

~~(ii) If the person violated section 4510.16 of the Revised~~	10314
~~Code or a municipal ordinance that is substantially equivalent to~~	10315
~~that section and division (G)(1) of section 4510.16 or division~~	10316
~~(B) of section 4510.161 applies, the court shall impose sentence~~	10317
~~upon the person as provided by law or ordinance and may order the~~	10318
~~immobilization of the vehicle the person was operating at the time~~	10319
~~of, or that was involved in, the offense if it is registered in~~	10320
~~the arrested person's name and the impoundment of its license~~	10321
~~plates under section 4503.233 and section 4510.16 or 4510.161 of~~	10322
~~the Revised Code, and the vehicle and its license plates shall not~~	10323
~~be returned or released to the arrested person.~~	10324

(b) If, at any time, the charge that the arrested person	10325
violated section 4510.14~~, 4510.16,~~ or 4511.203 of the Revised	10326
Code, or a municipal ordinance that is substantially equivalent to	10327
~~any~~either of those sections is dismissed for any reason, the	10328
court shall order that the vehicle seized at the time of the	10329
arrest and its license plates immediately be released to the	10330
person.	10331

(D) If a vehicle and its license plates are seized under	10332
division (B)(1) of this section and are not returned or released	10333
to the arrested person pursuant to division (C) of this section,	10334
the vehicle and its license plates shall be retained until the	10335
final disposition of the charge in question. Upon the final	10336
disposition of that charge, the court shall do whichever of the	10337
following is applicable:	10338

(1) If the arrested person is convicted of or pleads guilty	10339
to the violation of section 4510.14 of the Revised Code or a	10340
municipal ordinance that is substantially equivalent to that	10341
section, the court shall impose sentence upon the person as	10342
provided by law or ordinance and shall order the immobilization of	10343
the vehicle the person was operating at the time of, or that was	10344
involved in, the offense if it is registered in the arrested	10345
person's name and the impoundment of its license plates under	10346
sections 4503.233 and 4510.14 of the Revised Code or the criminal	10347
forfeiture of the vehicle if it is registered in the arrested	10348
person's name under sections 4503.234 and 4510.14 of the Revised	10349
Code, whichever is applicable.	10350

(2) If the arrested person is convicted of or pleads guilty	10351
to the violation of section 4511.203 of the Revised Code, or a	10352
municipal ordinance that is substantially equivalent to that	10353
section, ~~or to the violation of section 4510.16 of the Revised~~	10354
~~Code or a municipal ordinance that is substantially equivalent to~~	10355
~~that section and division (F)(2) of section 4510.16 or division~~	10356
~~(B) of section 4510.161 of the Revised Code applies,~~ the court	10357
shall impose sentence upon the person as provided by law or	10358
ordinance and may order the immobilization of the vehicle the	10359
person was operating at the time of, or that was involved in, the	10360
offense if it is registered in the arrested person's name and the	10361
impoundment of its license plates under section 4503.233 and	10362
section ~~4510.16, 4510.161, or~~ 4511.203 of the Revised Code or the	10363
criminal forfeiture of the vehicle if it is registered in the	10364
arrested person's name under section 4503.234 and section ~~4510.16,~~	10365
~~4510.161, or~~ 4511.203 of the Revised Code, whichever is	10366
applicable.	10367

~~(2) If the person violated section 4510.16 of the Revised~~	10368
~~Code or a municipal ordinance that is substantially equivalent to~~	10369
~~that section and division (G)(1) of section 4510.16 or division~~	10370
~~(B) of section 4510.161 applies, the court shall impose sentence~~	10371
~~upon the person as provided by law or ordinance and may order the~~	10372
~~immobilization of the vehicle the person was operating at the time~~	10373
~~of, or that was involved in, the offense if it is registered in~~	10374
~~the person's name and the impoundment of its license plates under~~	10375
~~section 4503.233 and section 4510.16 or 4510.161 of the Revised~~	10376
~~Code.~~	10377

(3) If the arrested person is found not guilty of the	10378
violation of section 4510.14~~, 4510.16,~~ or 4511.203 of the Revised	10379
Code, or a municipal ordinance that is substantially equivalent to	10380
~~any~~either of those sections, the court shall order that the	10381
vehicle and its license plates immediately be released to the	10382
arrested person.	10383

(4) If the charge that the arrested person violated section	10384
4510.14~~, 4510.16,~~ or 4511.203 of the Revised Code, or a municipal	10385
ordinance that is substantially equivalent to ~~any~~either of those	10386
sections is dismissed for any reason, the court shall order that	10387
the vehicle and its license plates immediately be released to the	10388
arrested person.	10389

(5) If the impoundment of the vehicle was not authorized	10390
under this section, the court shall order that the vehicle and its	10391
license plates be returned immediately to the arrested person or,	10392
if the arrested person is not the vehicle owner, to the vehicle	10393
owner and shall order that the state or political subdivision of	10394
the law enforcement agency served by the law enforcement officer	10395
who seized the vehicle pay all expenses and charges incurred in	10396
its removal and storage.	10397

(E) If a vehicle is seized under division (B)(2) of this	10398
section, the time between the seizure of the vehicle and either	10399
its release to the arrested person pursuant to division (C) of	10400
this section or the issuance of an order of immobilization of the	10401
vehicle under section 4503.233 of the Revised Code shall be	10402
credited against the period of immobilization ordered by the	10403
court.	10404

(F)(1) Except as provided in division (D)(4) of this section,	10405
the arrested person may be charged expenses or charges incurred in	10406
the removal and storage of the immobilized vehicle. The court with	10407
jurisdiction over the case, after notice to all interested	10408
parties, including lienholders, and after an opportunity for them	10409
to be heard, if the court finds that the arrested person does not	10410
intend to seek release of the vehicle at the end of the period of	10411
immobilization under section 4503.233 of the Revised Code or that	10412
the arrested person is not or will not be able to pay the expenses	10413
and charges incurred in its removal and storage, may order that	10414
title to the vehicle be transferred, in order of priority, first	10415
into the name of the person or entity that removed it, next into	10416
the name of a lienholder, or lastly into the name of the owner of	10417
the place of storage.	10418

Any lienholder that receives title under a court order shall	10419
do so on the condition that it pay any expenses or charges	10420
incurred in the vehicle's removal and storage. If the person or	10421
entity that receives title to the vehicle is the person or entity	10422
that removed it, the person or entity shall receive title on the	10423
condition that it pay any lien on the vehicle. The court shall not	10424
order that title be transferred to any person or entity other than	10425
the owner of the place of storage if the person or entity refuses	10426
to receive the title. Any person or entity that receives title	10427
either may keep title to the vehicle or may dispose of the vehicle	10428
in any legal manner that it considers appropriate, including	10429
assignment of the certificate of title to the motor vehicle to a	10430
salvage dealer or a scrap metal processing facility. The person or	10431
entity shall not transfer the vehicle to the person who is the	10432
vehicle's immediate previous owner.	10433

If the person or entity that receives title assigns the motor	10434
vehicle to a salvage dealer or scrap metal processing facility,	10435
the person or entity shall send the assigned certificate of title	10436
to the motor vehicle to the clerk of the court of common pleas of	10437
the county in which the salvage dealer or scrap metal processing	10438
facility is located. The person or entity shall mark the face of	10439
the certificate of title with the words "FOR DESTRUCTION" and	10440
shall deliver a photocopy of the certificate of title to the	10441
salvage dealer or scrap metal processing facility for its records.	10442

(2) Whenever a court issues an order under division (F)(1) of	10443
this section, the court also shall order removal of the license	10444
plates from the vehicle and cause them to be sent to the registrar	10445
if they have not already been sent to the registrar. Thereafter,	10446
no further proceedings shall take place under this section or	10447
under section 4503.233 of the Revised Code.	10448

(3) Prior to initiating a proceeding under division (F)(1) of	10449
this section, and upon payment of the fee under division (B) of	10450
section 4505.14, any interested party may cause a search to be	10451
made of the public records of the bureau of motor vehicles or the	10452
clerk of the court of common pleas, to ascertain the identity of	10453
any lienholder of the vehicle. The initiating party shall furnish	10454
this information to the clerk of the court with jurisdiction over	10455
the case, and the clerk shall provide notice to the arrested	10456
person, any lienholder, and any other interested parties listed by	10457
the initiating party, at the last known address supplied by the	10458
initiating party, by certified mail, or, at the option of the	10459
initiating party, by personal service or ordinary mail.	10460

Sec. 4510.54. (A) Except as provided in division (F) of this	10461
section, a person whose driver's or commercial driver's license	10462
has been suspended for life under a class one suspension or as	10463
otherwise provided by law or has been suspended for a period in	10464
excess of fifteen years under a class two suspension may file a	10465
motion with the sentencing court for modification or termination	10466
of the suspension. The person filing the motion shall demonstrate	10467
all of the following:	10468

(1) One of the following applies:

10469

(a) At least fifteen years have elapsed since the suspension	10470
began.	10471

~~(2) For~~, and, for the past fifteen years, the person has not	10472
been found guilty of any felony, any offense involving a moving	10473
violation under federal law, the law of this state, or the law of	10474
any of its political subdivisions, or any violation of a	10475
suspension under this chapter or a substantially equivalent	10476
municipal ordinance.	10477

(b) At least five years have elapsed since the suspension	10478
began, and, for the past five years, the person has not been found	10479
guilty of any offense involving a moving violation under the law	10480
of this state, the law of any of its political subdivisions, or	10481
federal law, any violation of section 2903.06 or 2903.08 of the	10482
Revised Code, or any violation of a suspension under this chapter	10483
or a substantially equivalent municipal ordinance.	10484

~~(3)~~(2) The person has proof of financial responsibility, a	10485
policy of liability insurance in effect that meets the minimum	10486
standard set forth in section 4509.51 of the Revised Code, or	10487
proof, to the satisfaction of the registrar of motor vehicles,	10488
that the person is able to respond in damages in an amount at	10489
least equal to the minimum amounts specified in that section.	10490

~~(4)~~(3) If the suspension was imposed because the person was	10491
under the influence of alcohol, a drug of abuse, or combination of	10492
them at the time of the offense or because at the time of the	10493
offense the person's whole blood, blood serum or plasma, breath,	10494
or urine contained at least the concentration of alcohol specified	10495
in division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	10496
Revised Code or at least the concentration of a listed controlled	10497
substance or a listed metabolite of a controlled substance	10498
specified in division (A)(1)(j) of section 4511.19 of the Revised	10499
Code, the person also shall demonstrate all of the following:	10500

(a) The person successfully completed an alcohol, drug, or	10501
alcohol and drug treatment program.	10502

(b) The person has not abused alcohol or other drugs for a	10503
period satisfactory to the court.	10504

(c) For the past fifteen years, the person has not been found	10505
guilty of any alcohol-related or drug-related offense.	10506

(B) Upon receipt of a motion for modification or termination	10507
of the suspension under this section, the court may schedule a	10508
hearing on the motion. The court may deny the motion without a	10509
hearing but shall not grant the motion without a hearing. If the	10510
court denies a motion without a hearing, the court may consider a	10511
subsequent motion filed under this section by that person. If a	10512
court denies the motion after a hearing, the court shall not	10513
consider a subsequent motion for that person. The court shall hear	10514
only one motion filed by a person under this section. If	10515
scheduled, the hearing shall be conducted in open court within	10516
ninety days after the date on which the motion is filed.	10517

(C) The court shall notify the person whose license was	10518
suspended and the prosecuting attorney of the date, time, and	10519
location of the hearing. Upon receipt of the notice from the	10520
court, the prosecuting attorney shall notify the victim or the	10521
victim's representative of the date, time, and location of the	10522
hearing.	10523

(D) At any hearing under this section, the person who seeks	10524
modification or termination of the suspension has the burden to	10525
demonstrate, under oath, that the person meets the requirements of	10526
division (A) of this section. At the hearing, the court shall	10527
afford the offender or the offender's counsel an opportunity to	10528
present oral or written information relevant to the motion. The	10529
court shall afford a similar opportunity to provide relevant	10530
information to the prosecuting attorney and the victim or victim's	10531
representative.	10532

Before ruling on the motion, the court shall take into	10533
account the person's driving record, the nature of the offense	10534
that led to the suspension, and the impact of the offense on any	10535
victim. In addition, if the offender is eligible for modification	10536
or termination of the suspension under division (A)~~(2)~~(1)(a) of	10537
this section, the court shall consider whether the person	10538
committed any other offense while under suspension and determine	10539
whether the offense is relevant to a determination under this	10540
section. The court may modify or terminate the suspension subject	10541
to any considerations it considers proper if it finds that	10542
allowing the person to drive is not likely to present a danger to	10543
the public. After the court makes a ruling on a motion filed under	10544
this section, the prosecuting attorney shall notify the victim or	10545
the victim's representative of the court's ruling.	10546

(E) If a court modifies a person's license suspension under	10547
this section and the person subsequently is found guilty of any	10548
moving violation or of any substantially equivalent municipal	10549
ordinance that carries as a possible penalty the suspension of a	10550
person's driver's or commercial driver's license, the court may	10551
reimpose the class one or other lifetime suspension, or the class	10552
two suspension, whichever is applicable.	10553

(F) This section does not apply to any person whose driver's	10554
or commercial driver's license or permit or nonresident operating	10555
privilege has been suspended for life under a class one suspension	10556
imposed under division (B)(3) of section 2903.06 or section	10557
2903.08 of the Revised Code or a class two suspension imposed	10558
under division (C) of section 2903.06 or section 2903.11, 2923.02,	10559
or 2929.02 of the Revised Code.	10560

Sec. 4513.02. (A) No person shall drive or move, or cause or	10561
knowingly permit to be driven or moved, on any highway any vehicle	10562
or combination of vehicles which is in such unsafe condition as to	10563
endanger any person.	10564

(B) When directed by any state highway patrol trooper, the	10565
operator of any motor vehicle shall stop and submit such motor	10566
vehicle to an inspection under division (B)(1) or (2) of this	10567
section, as appropriate, and such tests as are necessary.	10568

(1) Any motor vehicle not subject to inspection by the public	10569
utilities commission shall be inspected and tested to determine	10570
whether it is unsafe or not equipped as required by law, or that	10571
its equipment is not in proper adjustment or repair, or in	10572
violation of the equipment provisions of Chapter 4513. of the	10573
Revised Code.	10574

Such inspection shall be made with respect to the brakes,	10575
lights, turn signals, steering, horns and warning devices, glass,	10576
mirrors, exhaust system, windshield wipers, tires, and such other	10577
items of equipment as designated by the superintendent of the	10578
state highway patrol by rule or regulation adopted pursuant to	10579
sections 119.01 to 119.13 of the Revised Code.	10580

Upon determining that a motor vehicle is in safe operating	10581
condition and its equipment in conformity with Chapter 4513. of	10582
the Revised Code, the inspecting officer shall issue to the	10583
operator an official inspection sticker, which shall be in such	10584
form as the superintendent prescribes except that its color shall	10585
vary from year to year.	10586

(2) Any motor vehicle subject to inspection by the public	10587
utilities commission shall be inspected and tested in accordance	10588
with rules adopted by the commission. Upon determining that the	10589
vehicle and operator are in compliance with rules adopted by the	10590
commission, the inspecting officer shall issue to the operator an	10591
appropriate official inspection sticker.	10592

(C) The superintendent of the state highway patrol, pursuant	10593
to sections 119.01 to 119.13 of the Revised Code, shall determine	10594
and promulgate standards for any inspection program conducted by a	10595
political subdivision of this state. These standards shall exempt	10596
licensed collector's vehicles and historical motor vehicles from	10597
inspection. Any motor vehicle bearing a valid certificate of	10598
inspection issued by another state or a political subdivision of	10599
this state whose inspection program conforms to the	10600
superintendent's standards, and any licensed collector's vehicle	10601
or historical motor vehicle which is not in a condition which	10602
endangers the safety of persons or property, shall be exempt from	10603
the tests provided in division (B) of this section.	10604

(D) Every person, firm, association, or corporation that, in	10605
the conduct of its business, owns and operates not less than	10606
fifteen motor vehicles in this state that are not subject to	10607
regulation by the public utilities commission and that, for the	10608
purpose of storing, repairing, maintaining, and servicing such	10609
motor vehicles, equips and operates one or more service	10610
departments within this state, may file with the superintendent of	10611
the state highway patrol applications for permits for such service	10612
departments as official inspection stations for its own motor	10613
vehicles. Upon receiving an application for each such service	10614
department, and after determining that it is properly equipped and	10615
has competent personnel to perform the inspections referred to in	10616
this section, the superintendent shall issue the necessary	10617
inspection stickers and permit to operate as an official	10618
inspection station. Any such person who has had one or more	10619
service departments so designated as official inspection stations	10620
may have motor vehicles that are owned and operated by the person	10621
and that are not subject to regulation by the public utilities	10622
commission, excepting private passenger cars owned by the person	10623
or the person's employees, inspected at such service department;	10624
and any motor vehicle bearing a valid certificate of inspection	10625
issued by such service department shall be exempt from the tests	10626
provided in division (B) of this section.	10627

No permit for an official inspection station shall be	10628
assigned or transferred or used at any location other than therein	10629
designated, and every such permit shall be posted in a conspicuous	10630
place at the location designated.	10631

If a person, firm, association, or corporation owns and	10632
operates fifteen or more motor vehicles in the conduct of business	10633
and is subject to regulation by the public utilities commission,	10634
that person, firm, association, or corporation is not eligible to	10635
apply to the superintendent for permits to enable any of its	10636
service departments to serve as official inspection stations for	10637
its own motor vehicles.	10638

(E) When any motor vehicle is found to be unsafe for	10639
operation, the inspecting officer may order it removed from the	10640
highway and not operated, except for purposes of removal and	10641
repair, until it has been repaired pursuant to a repair order as	10642
provided in division (F) of this section.	10643

(F) When any motor vehicle is found to be defective or in	10644
violation of Chapter 4513. of the Revised Code, the inspecting	10645
officer may issue a repair order, in such form and containing such	10646
information as the superintendent shall prescribe, to the owner or	10647
operator of the motor vehicle. The owner or operator shall	10648
thereupon obtain such repairs as are required and shall, as	10649
directed by the inspecting officer, return the repair order	10650
together with proof of compliance with its provisions. When any	10651
motor vehicle or operator subject to rules of the public utilities	10652
commission fails the inspection, the inspecting officer shall	10653
issue an appropriate order to obtain compliance with such rules.	10654

(G) Sections 4513.01 to 4513.37 of the Revised Code, with	10655
respect to equipment on vehicles, do not apply to implements of	10656
husbandry, road machinery, road rollers, or agricultural tractors	10657
except as made applicable to such articles of machinery.	10658

(H) ~~Except as otherwise provided in this division, whoever~~	10659
Whoever violates this section is guilty of a minor misdemeanor. If	10660
~~the offender previously has been convicted of a violation of this~~	10661
~~section, whoever violates this section is guilty of a misdemeanor~~	10662
~~of the third degree.~~	10663

Sec. 4513.021. (A) As used in this section:

10664

(1) "Passenger car" means any motor vehicle with motive	10665
power, designed for carrying ten persons or less, except a	10666
multipurpose passenger vehicle or motorcycle.	10667

(2) "Multipurpose passenger vehicle" means a motor vehicle	10668
with motive power, except a motorcycle, designed to carry ten	10669
persons or less, that is constructed either on a truck chassis or	10670
with special features for occasional off-road operation.	10671

(3) "Truck" means every motor vehicle, except trailers and	10672
semitrailers, designed and used to carry property and having a	10673
gross vehicle weight rating of ten thousand pounds or less.	10674

(4) "Manufacturer" has the same meaning as in section 4501.01	10675
of the Revised Code.	10676

(5) "Gross vehicle weight rating" means the manufacturer's	10677
gross vehicle weight rating established for that vehicle.	10678

(B) The director of public safety, in accordance with Chapter	10679
119. of the Revised Code, shall adopt rules in conformance with	10680
standards of the vehicle equipment safety commission, that shall	10681
govern the maximum bumper height or, in the absence of bumpers and	10682
in cases where bumper heights have been lowered or modified, the	10683
maximum height to the bottom of the frame rail, of any passenger	10684
car, multipurpose passenger vehicle, or truck.	10685

(C) No person shall operate upon a street or highway any	10686
passenger car, multipurpose passenger vehicle, or truck registered	10687
in this state that does not conform to the requirements of this	10688
section or to any applicable rule adopted pursuant to this	10689
section.	10690

(D) No person shall modify any motor vehicle registered in	10691
this state in such a manner as to cause the vehicle body or	10692
chassis to come in contact with the ground, expose the fuel tank	10693
to damage from collision, or cause the wheels to come in contact	10694
with the body under normal operation, and no person shall	10695
disconnect any part of the original suspension system of the	10696
vehicle to defeat the safe operation of that system.	10697

(E) Nothing contained in this section or in the rules adopted	10698
pursuant to this section shall be construed to prohibit either of	10699
the following:	10700

(1) The installation upon a passenger car, multipurpose	10701
passenger vehicle, or truck registered in this state of heavy duty	10702
equipment, including shock absorbers and overload springs;	10703

(2) The operation on a street or highway of a passenger car,	10704
multipurpose passenger vehicle, or truck registered in this state	10705
with normal wear to the suspension system if the normal wear does	10706
not adversely affect the control of the vehicle.	10707

(F) This section and the rules adopted pursuant to it do not	10708
apply to any specially designed or modified passenger car,	10709
multipurpose passenger vehicle, or truck when operated off a	10710
street or highway in races and similar events.	10711

(G) ~~Except as otherwise provided in this division, whoever~~	10712
Whoever violates this section is guilty of a minor misdemeanor. If	10713
~~the offender previously has been convicted of a violation of this~~	10714
~~section, whoever violates this section is guilty of a misdemeanor~~	10715
~~of the third degree.~~	10716

Sec. 4513.99. (A) Any violation of section 4513.10,	10717
4513.182, 4513.20, 4513.201, 4513.202, 4513.25, 4513.26, 4513.27,	10718
4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the Revised Code	10719
shall be punished under division (B) of this section.	10720

(B) Whoever violates the sections of this chapter that are	10721
specifically required to be punished under this division, or any	10722
provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of	10723
the Revised Code for which violation no penalty is otherwise	10724
provided, is guilty of a minor misdemeanor ~~on a first offense; on~~	10725
~~a second offense within one year after the first offense, the~~	10726
~~person is guilty of a misdemeanor of the fourth degree; on each~~	10727
~~subsequent offense within one year after the first offense, the~~	10728
~~person is guilty of a misdemeanor of the third degree~~.	10729

Sec. 4713.07. The state board of cosmetology shall do all of	10730
the following:	10731

(A) Prescribe and make available application forms to be used	10732
by persons seeking admission to an examination conducted under	10733
section 4713.24 of the Revised Code or a license issued under this	10734
chapter;	10735

(B) Prescribe and make available application forms to be used	10736
by persons seeking renewal of a license issued under this chapter;	10737

(C) Report to the proper prosecuting officer all violations	10738
of section 4713.14 of the Revised Code of which the board is	10739
aware;	10740

(D) Submit a written report annually to the governor that	10741
provides all of the following:	10742

(1) A discussion of the conditions in this state of the	10743
branches of cosmetology;	10744

(2) A brief summary of the board's proceedings during the	10745
year the report covers;	10746

(3) A statement of all money that the board received and	10747
expended during the year the report covers.	10748

(E) Keep a record of all of the following:

10749

(1) The board's proceedings;

10750

(2) The name and last known address of each person issued a	10751
license under section 4713.28, 4713.30, 4713.31, 4713.34, or	10752
4713.39 of the Revised Code;	10753

(3) The name and address of each salon issued a license under	10754
section 4713.41 of the Revised Code and each school of cosmetology	10755
issued a license under section 4713.44 of the Revised Code;	10756

(4) The name and address of each tanning facility issued a	10757
permit under section 4713.48 of the Revised Code;	10758

(5) The date and number of each license and permit that the	10759
board issues;	10760

(F) Assist ex-offenders and military veterans who hold	10761
licenses issued by the board to find employment within salons or	10762
other facilities within this state;	10763

(G) All other duties that this chapter imposes on the board.

10764

Sec. 4713.28. The state board of cosmetology shall issue a	10765
practicing license to an applicant who, except as provided in	10766
section 4713.30 of the Revised Code, satisfies all of the	10767
following applicable conditions:	10768

(A) Is at least sixteen years of age;

10769

(B) Is of good moral character;

10770

(C) Has the equivalent of an Ohio public school tenth grade	10771
education;	10772

(D) Passes an examination conducted under section 4713.24 of	10773
the Revised Code for the branch of cosmetology the applicant seeks	10774
to practice;	10775

(E) Pays to the board the applicable fee;

10776

(F) In the case of an applicant for an initial cosmetologist	10777
license, has successfully completed at least fifteen hundred hours	10778
of board-approved cosmetology training in a school of cosmetology	10779
licensed in this state, except that only one thousand hours of	10780
board-approved cosmetology training in a school of cosmetology	10781
licensed in this state is required of a person licensed as a	10782
barber under Chapter 4709. of the Revised Code;	10783

(G) In the case of an applicant for an initial esthetician	10784
license, has successfully completed at least six hundred hours of	10785
board-approved esthetics training in a school of cosmetology	10786
licensed in this state;	10787

(H) In the case of an applicant for an initial hair designer	10788
license, has successfully completed at least one thousand two	10789
hundred hours of board-approved hair designer training in a school	10790
of cosmetology licensed in this state, except that only one	10791
thousand hours of board-approved hair designer training in a	10792
school of cosmetology licensed in this state is required of a	10793
person licensed as a barber under Chapter 4709. of the Revised	10794
Code;	10795

(I) In the case of an applicant for an initial manicurist	10796
license, has successfully completed at least two hundred hours of	10797
board-approved manicurist training in a school of cosmetology	10798
licensed in this state;	10799

(J) In the case of an applicant for an initial natural hair	10800
stylist license, has successfully completed at least four hundred	10801
fifty hours of instruction in subjects relating to sanitation,	10802
scalp care, anatomy, hair styling, communication skills, and laws	10803
and rules governing the practice of cosmetology;	10804

(K) The board shall not deny a license to any applicant based	10805
on prior incarceration or conviction for any crime. If the board	10806
denies an individual a license or license renewal, the reasons for	10807
such denial shall be put in writing.	10808

Sec. 4725.44. (A) The Ohio optical dispensers board shall be	10809
responsible for the administration of sections 4725.40 to 4725.59	10810
of the Revised Code and, in particular, shall process applications	10811
for licensure as licensed dispensing opticians and ocularists;	10812
schedule, administer, and supervise the qualifying examinations	10813
for licensure or contract with a testing service to schedule,	10814
administer, and supervise the qualifying examination for	10815
licensure; issue licenses to qualified individuals; revoke and	10816
suspend licenses; and maintain adequate records with respect to	10817
its operations and responsibilities.	10818

(B) The board shall adopt, amend, or rescind rules, pursuant	10819
to Chapter 119. of the Revised Code, for the licensure of	10820
dispensing opticians and ocularists, and such other rules as are	10821
required by or necessary to carry out the responsibilities imposed	10822
by sections 4725.40 to 4725.59 of the Revised Code, including	10823
rules establishing criminal records check requirements under	10824
section 4776.03 of the Revised Code and rules establishing	10825
disqualifying offenses for licensure as a dispensing optician or	10826
certification as an apprentice dispensing optician pursuant to	10827
sections 4725.48, 4725.52, 4725.53, and 4776.10 of the Revised	10828
Code.	10829

(C) The board shall have no authority to adopt rules	10830
governing the employment of dispensing opticians, the location or	10831
number of optical stores, advertising of optical products or	10832
services, or the manner in which optical products can be	10833
displayed.	10834

Sec. 4725.48. (A) Any person who desires to engage in	10835
optical dispensing, except as provided in section 4725.47 of the	10836
Revised Code, shall file a properly completed written application	10837
for an examination with the Ohio optical dispensers board or with	10838
the testing service the board has contracted with pursuant to	10839
section 4725.49 of the Revised Code. The application for	10840
examination shall be made on a form provided by the board or	10841
testing service and shall be accompanied by an examination fee the	10842
board shall establish by rule. Applicants must return the	10843
application to the board or testing service at least sixty days	10844
prior to the date the examination is scheduled to be administered.	10845

(B) Except as provided in section 4725.47 of the Revised	10846
Code, any person who desires to engage in optical dispensing shall	10847
file a properly completed written application for a license with	10848
the board with a licensure application fee of fifty dollars.	10849

No person shall be eligible to apply for a license under this	10850
division, unless the person is at least eighteen years of age~~, is~~	10851
~~of good moral character~~, is free of contagious or infectious	10852
disease, has received a passing score, as determined by the board,	10853
on the examination administered under division (A) of this	10854
section, is a graduate of an accredited high school of any state,	10855
or has received an equivalent education and has successfully	10856
completed either of the following:	10857

(1) Two years of supervised experience under a licensed	10858
dispensing optician, optometrist, or physician engaged in the	10859
practice of ophthalmology, up to one year of which may be	10860
continuous experience of not less than thirty hours a week in an	10861
optical laboratory;	10862

(2) A two-year college level program in optical dispensing	10863
that has been approved by the board and that includes, but is not	10864
limited to, courses of study in mathematics, science, English,	10865
anatomy and physiology of the eye, applied optics, ophthalmic	10866
optics, measurement and inspection of lenses, lens grinding and	10867
edging, ophthalmic lens design, keratometry, and the fitting and	10868
adjusting of spectacle lenses and frames and contact lenses,	10869
including methods of fitting contact lenses and post-fitting care.	10870

(C) Any person who desires to obtain a license to practice as	10871
an ocularist shall file a properly completed written application	10872
with the board accompanied by the appropriate fee and proof that	10873
the applicant has met the requirements for licensure. The board	10874
shall establish, by rule, the application fee and the minimum	10875
requirements for licensure, including education, examination, or	10876
experience standards recognized by the board as national standards	10877
for ocularists. The board shall issue a license to practice as an	10878
ocularist to an applicant who satisfies the requirements of this	10879
division and rules adopted pursuant to this division.	10880

(D)(1) Subject to divisions (D)(2), (3), and (4) of this	10881
section, the board shall not adopt, maintain, renew, or enforce	10882
any rule that precludes an individual from receiving or renewing a	10883
license as a dispensing optician issued under sections 4725.40 to	10884
4725.59 of the Revised Code due to any past criminal activity or	10885
interpretation of moral character, unless the individual has	10886
committed a crime of moral turpitude or a disqualifying offense as	10887
those terms are defined in section 4776.10 of the Revised Code. If	10888
the board denies an individual a license or license renewal, the	10889
reasons for such denial shall be put in writing.	10890

(2) Except as otherwise provided in this division, if an	10891
individual applying for a license has been convicted of or pleaded	10892
guilty to a misdemeanor that is not a crime of moral turpitude or	10893
a disqualifying offense less than one year prior to making the	10894
application, the board may use its discretion in granting or	10895
denying the individual a license. Except as otherwise provided in	10896
this division, if an individual applying for a license has been	10897
convicted of or pleaded guilty to a felony that is not a crime of	10898
moral turpitude or a disqualifying offense less than three years	10899
prior to making the application, the board may use its discretion	10900
in granting or denying the individual a license. The provisions in	10901
this paragraph do not apply with respect to any offense unless the	10902
board, prior to the effective date of this amendment, was required	10903
or authorized to deny the application based on that offense.	10904

In all other circumstances, the board shall follow the	10905
procedures it adopts by rule that conform to division (D)(1) of	10906
this section.	10907

(3) In considering a renewal of an individual's license, the	10908
board shall not consider any conviction or plea of guilty prior to	10909
the initial licensing. However, the board may consider a	10910
conviction or plea of guilty if it occurred after the individual	10911
was initially licensed, or after the most recent license renewal.	10912

(4) The board may grant an individual a conditional license	10913
that lasts for one year. After the one-year period has expired,	10914
the license is no longer considered conditional, and the	10915
individual shall be considered fully licensed.	10916

Sec. 4725.52. Any licensed dispensing optician may supervise	10917
a maximum of three apprentices who shall be permitted to engage in	10918
optical dispensing only under the supervision of the licensed	10919
dispensing optician.	10920

To serve as an apprentice, a person shall register with the	10921
Ohio optical dispensers board either on a form provided by the	10922
board or in the form of a statement giving the name and address of	10923
the supervising licensed dispensing optician, the location at	10924
which the apprentice will be employed, and any other information	10925
required by the board. For the duration of the apprenticeship, the	10926
apprentice shall register annually on the form provided by the	10927
board or in the form of a statement.	10928

Each apprentice shall pay an initial registration fee of	10929
twenty dollars. For each registration renewal thereafter, each	10930
apprentice shall pay a registration renewal fee of twenty dollars.	10931

The board shall not deny registration as an apprentice under	10932
this section to any individual based on the individual's past	10933
criminal history or an interpretation of moral character unless	10934
the individual has committed a disqualifying offense or crime of	10935
moral turpitude as those terms are defined in section 4776.10 of	10936
the Revised Code. Except as otherwise provided in this division,	10937
if an individual applying for a registration has been convicted of	10938
or pleaded guilty to a misdemeanor that is not a crime of moral	10939
turpitude or a disqualifying offense less than one year prior to	10940
making the application, the board may use its discretion in	10941
granting or denying the individual a registration. Except as	10942
otherwise provided in this division, if an individual applying for	10943
a registration has been convicted of or pleaded guilty to a felony	10944
that is not a crime of moral turpitude or a disqualifying offense	10945
less than three years prior to making the application, the board	10946
may use its discretion in granting or denying the individual a	10947
registration. The provisions in this paragraph do not apply with	10948
respect to any offense unless the board, prior to the effective	10949
date of this amendment, was required or authorized to deny the	10950
registration based on that offense.	10951

In all other circumstances, the board shall follow the	10952
procedures it adopts by rule that conform to this section. In	10953
considering a renewal of an individual's registration, the board	10954
shall not consider any conviction or plea of guilty prior to the	10955
initial registration. However, the board may consider a conviction	10956
or plea of guilty if it occurred after the individual was	10957
initially registered, or after the most recent registration	10958
renewal. If the board denies an individual for a registration or	10959
registration renewal, the reasons for such denial shall be put in	10960
writing. Additionally, the board may grant an individual a	10961
conditional registration that lasts for one year. After the	10962
one-year period has expired, the registration is no longer	10963
considered conditional, and the individual shall be considered	10964
fully registered.	10965

A person who is gaining experience under the supervision of a	10966
licensed optometrist or ophthalmologist that would qualify the	10967
person under division (B)(1) of section 4725.48 of the Revised	10968
Code to take the examination for optical dispensing is not	10969
required to register with the board.	10970

Sec. 4725.53. (A) The Ohio optical dispensers board, by a	10971
majority vote of its members, may refuse to grant a license and,	10972
in accordance with Chapter 119. of the Revised Code, may suspend	10973
or revoke the license of a licensed dispensing optician or impose	10974
a fine or order restitution pursuant to division (B) of this	10975
section on any of the following grounds:	10976

(1) Conviction of a ~~felony or a~~ crime involving moral	10977
turpitude or a disqualifying offense as those terms are defined in	10978
section 4776.10 of the Revised Code;	10979

(2) Obtaining or attempting to obtain a license by fraud or	10980
deception;	10981

(3) Obtaining any fee or making any sale of an optical aid by	10982
means of fraud or misrepresentation;	10983

(4) Habitual indulgence in the use of controlled substances	10984
or other habit-forming drugs, or in the use of alcoholic liquors	10985
to an extent that affects professional competency;	10986

(5) Finding by a court of competent jurisdiction that the	10987
applicant or licensee is incompetent by reason of mental illness	10988
and no subsequent finding by the court of competency;	10989

(6) Finding by a court of law that the licensee is guilty of	10990
incompetence or negligence in the dispensing of optical aids;	10991

(7) Knowingly permitting or employing a person whose license	10992
has been suspended or revoked or an unlicensed person to engage in	10993
optical dispensing;	10994

(8) Permitting another person to use ~~his~~the licensee's	10995
license;	10996

(9) Engaging in optical dispensing not pursuant to the	10997
prescription of a licensed physician or licensed optometrist, but	10998
nothing in this section shall prohibit the duplication or	10999
replacement of previously prepared optical aids, except contact	11000
lenses shall not be duplicated or replaced without a written	11001
prescription;	11002

(10) Violation of sections 4725.40 to 4725.59 of the Revised	11003
Code;	11004

(11) Waiving the payment of all or any part of a deductible	11005
or copayment that a patient, pursuant to a health insurance or	11006
health care policy, contract, or plan that covers optical	11007
dispensing services, would otherwise be required to pay if the	11008
waiver is used as an enticement to a patient or group of patients	11009
to receive health care services from that provider.	11010

(12) Advertising that hethe licensee will waive the payment	11011
of all or any part of a deductible or copayment that a patient,	11012
pursuant to a health insurance or health care policy, contract, or	11013
plan that covers optical dispensing services, would otherwise be	11014
required to pay.	11015

(B) The board may impose a fine of not more than five hundred	11016
dollars for a first occurrence of an action that is grounds for	11017
discipline under this section and of not less than five hundred	11018
nor more than one thousand dollars for a subsequent occurrence, or	11019
may order the licensee to make restitution to a person who has	11020
suffered a financial loss as a result of the licensee's failure to	11021
comply with sections 4725.40 to 4725.59 of the Revised Code.	11022

(C) Notwithstanding divisions (A)(11) and (12) of this	11023
section, sanctions shall not be imposed against any licensee who	11024
waives deductibles and copayments:	11025

(1) In compliance with the health benefit plan that expressly	11026
allows such a practice. Waiver of the deductibles or copays shall	11027
be made only with the full ~~knowlege~~knowledge and consent of the	11028
plan purchaser, payer, and third-party administrator. Such consent	11029
shall be made available to the board upon request.	11030

(2) For professional services rendered to any other person	11031
licensed pursuant to this chapter to the extent allowed by this	11032
chapter and the rules of the board.	11033

Sec. 4738.04. Each person applying for a motor vehicle	11034
salvage dealer license or a salvage motor vehicle auction license	11035
or a salvage motor vehicle pool license shall make out and deliver	11036
to the registrar of motor vehicles, upon a blank to be furnished	11037
by the registrar for that purpose, a separate application for	11038
license for each county in which the business is to be conducted.	11039
The application for each type of license shall be in the form	11040
prescribed by the registrar and shall be signed and sworn to by	11041
the applicant. The application for a license for a motor vehicle	11042
salvage dealer, a salvage motor vehicle auction, or salvage motor	11043
vehicle pool, in addition to other information as is required by	11044
the registrar, shall include the following:	11045

(A) Name of applicant and location of principal place of	11046
business;	11047

(B) Name or style under which business is to be conducted	11048
and, if a corporation, the state of incorporation;	11049

(C) Name and address of each owner or partner and, if a	11050
corporation, the names of the officers and directors;	11051

(D) The county in which the business is to be conducted and	11052
the address of each place of business therein;	11053

(E) A financial statement of the applicant showing the true	11054
financial condition as of a date not earlier than six months prior	11055
to the date of the application;	11056

(F) A statement of the previous history, record, and	11057
association of the applicant and of each owner, partner, officer,	11058
and director, which statement shall be sufficient to establish to	11059
the satisfaction of the registrar the reputation in business of	11060
the applicant;	11061

(G) A statement showing whether the applicant has previously	11062
been convicted of a ~~felony~~crime of moral turpitude or a	11063
disqualifying offense as those terms are defined in section	11064
4776.10 of the Revised Code;	11065

(H) A statement showing whether the applicant has previously	11066
applied for a license under this chapter and the result of the	11067
application, and whether the applicant has ever been the holder of	11068
any such license which was revoked or suspended;	11069

(I) If the applicant is a corporation or partnership, a	11070
statement showing whether any of the partners, officers, or	11071
directors have been refused a license under this chapter, or have	11072
been the holder of any such license which was revoked or	11073
suspended.	11074

Sec. 4738.07. ~~The~~(A) Except as otherwise provided in	11075
division (B) of this section, the registrar of motor vehicles	11076
shall deny the application of any person for a license under this	11077
chapter and refuse to issue ~~him~~the person a license if the	11078
registrar finds that the applicant:	11079

~~(A)~~(1) Has made false statement of a material fact in ~~his~~the	11080
individual's application;	11081

~~(B)~~(2) Has not complied with sections 4738.01 to 4738.15 of	11082
the Revised Code:	11083

~~(C)~~(3) Is of bad business repute or has habitually defaulted	11084
on financial obligations;	11085

~~(D)~~(4) Has been convicted of or pleaded guilty to a ~~felony~~	11086
crime of moral turpitude or a disqualifying offense as defined in	11087
section 4776.10 of the Revised Code;	11088

~~(E)~~(5) Has been guilty of a fraudulent act in connection with	11089
dealing in salvage motor vehicles or when operating as a motor	11090
vehicle salvage dealer, salvage motor vehicle auction, or salvage	11091
motor vehicle pool;	11092

~~(F)~~(6) Is insolvent;

11093

~~(G)~~(7) Is of insufficient responsibility to assure the prompt	11094
payment of any final judgments which might reasonably be entered	11095
against ~~him~~the individual because of the transaction of ~~his~~the	11096
individual's business during the period of the license applied	11097
for;	11098

~~(H)~~(8) Has no established place of business;

11099

~~(I)~~(9) Has less than twelve months prior to said application,	11100
been denied a license under this chapter.	11101

(B)(1) Except as otherwise provided in this division, the	11102
registrar of motor vehicles may grant, but is not required to	11103
grant, the application of any person for a license under this	11104
chapter if the registrar finds that the applicant has been	11105
convicted of or pleaded guilty to either of the following:	11106

(a) A misdemeanor that is not a crime of moral turpitude or a	11107
disqualifying offense less than a year prior to the person's	11108
initial application;	11109

(b) A felony that is not a crime of moral turpitude or a	11110
disqualifying offense less than three years prior to the person's	11111
application.	11112

(2) The provisions in division (B)(1) of this section do not	11113
apply with respect to any offense unless the registrar, prior to	11114
the effective date of this amendment, was required or authorized	11115
to deny the registration based on that offense.	11116

(3) In considering a renewal of an individual's license, the	11117
registrar shall not consider any conviction or plea of guilty	11118
prior to the initial licensing. However, the registrar may	11119
consider a conviction or plea of guilty if it occurred after the	11120
individual was initially licensed, or after the most recent	11121
license renewal.	11122

(C) The registrar may grant a person a conditional license	11123
that lasts for one year. After the one-year period has expired,	11124
the license is no longer considered conditional, and the person	11125
shall be considered fully licensed.	11126

(D) If the applicant is a corporation or partnership, the	11127
registrar may refuse to issue a license if any officer, director,	11128
or partner of the applicant has been guilty of any act or omission	11129
which would be cause for refusing or revoking a license issued to	11130
the officer, director, or partner as an individual. The	11131
registrar's finding may be based upon facts contained in the	11132
application or upon any other information which he may have.	11133
Immediately upon denying an application for any of the reasons in	11134
this section, the registrar shall enter a final order together	11135
with ~~his~~the registrar's findings and certify the same to the	11136
motor vehicle salvage dealer's licensing board.	11137

(E) If the registrar refuses an application for a license,	11138
the reasons for such refusal shall be put in writing. An applicant	11139
who has been refused a license may appeal from the action of the	11140
registrar to the motor vehicle salvage dealer's licensing board in	11141
the manner prescribed in section 4738.12 of the Revised Code.	11142

(F) The registrar of motor vehicles shall not adopt,	11143
maintain, renew, or enforce any rule, or otherwise preclude in any	11144
way, an individual from receiving or renewing a license under this	11145
chapter due to any past criminal activity or interpretation of	11146
moral character, except as pursuant to division (A)(4), (5), and	11147
(B) of this section. If the registrar denies an individual a	11148
license or license renewal, the reasons for such denial shall be	11149
put in writing.	11150

Sec. 4740.05. (A) Each section of the Ohio construction	11151
industry licensing board, other than the administrative section,	11152
shall do all of the following:	11153

(1) Adopt rules in accordance with Chapter 119. of the	11154
Revised Code that are limited to the following:	11155

(a) Criteria for the section to use in evaluating the	11156
qualifications of an individual;	11157

(b) Criteria for the section to use in deciding whether to	11158
authorize the administrative section to issue, renew, suspend,	11159
revoke, or refuse to issue or renew a license;	11160

(c) The determinations and approvals the section makes under	11161
the reciprocity provision of section 4740.08 of the Revised Code;	11162

(d) Criteria for continuing education courses conducted	11163
pursuant to this chapter;	11164

(e) A requirement that persons seeking approval to provide	11165
continuing education courses submit the required information to	11166
the appropriate section of the board at least thirty days, but not	11167
more than one year, prior to the date on which the course is	11168
proposed to be offered;	11169

(f) A prohibition against any person providing a continuing	11170
education course unless the administrative section of the board	11171
approved that person not more than one year prior to the date the	11172
course is offered;	11173

(g) A list of disqualifying offenses pursuant to sections	11174
4740.06, 4740.10, and 4776.10 of the Revised Code.	11175

(2) Investigate allegations in reference to violations of	11176
this chapter and the rules adopted pursuant to it that pertain to	11177
the section and determine by rule a procedure to conduct	11178
investigations and hearings on these allegations;	11179

(3) Maintain a record of its proceedings;

11180

(4) Grant approval to a person to offer continuing education	11181
courses pursuant to rules the board adopts;	11182

(5) As required, do all things necessary to carry out this	11183
chapter.	11184

(B) In accordance with rules they establish, the trade	11185
sections of the board shall authorize the administrative section	11186
to issue, renew, suspend, revoke, or refuse to issue or renew	11187
licenses for the classes of contractors for which each has primary	11188
responsibility as set forth in section 4740.02 of the Revised	11189
Code.	11190

(C) Each trade section of the board shall establish or	11191
approve a continuing education curriculum for license renewal for	11192
each class of contractors for which the section has primary	11193
responsibility. No curriculum may require more than five hours per	11194
year in specific course requirements. No contractor may be	11195
required to take more than ten hours per year in continuing	11196
education courses. The ten hours shall be the aggregate of hours	11197
of continuing education for all licenses the contractor holds.	11198

Sec. 4740.06. (A) Any individual who applies for a license	11199
shall file a written application with the appropriate section of	11200
the Ohio construction industry licensing board, accompanied with	11201
the application fee as determined pursuant to section 4740.09 of	11202
the Revised Code. The individual shall file the application not	11203
more than sixty days nor less than thirty days prior to the date	11204
of the examination. The application shall be on the form the	11205
section prescribes and verified by the applicant's oath. The	11206
applicant shall provide information satisfactory to the section	11207
showing that the applicant meets the requirements of division (B)	11208
of this section.	11209

(B) To qualify to take an examination, an individual shall:

11210

(1) Be at least eighteen years of age;

11211

(2) Be a United States citizen or legal alien who produces	11212
valid documentation to demonstrate the individual is a legal	11213
resident of the United States;	11214

(3) Either have been a tradesperson in the type of licensed	11215
trade for which the application is filed for not less than five	11216
years immediately prior to the date the application is filed, be a	11217
currently registered engineer in this state with three years of	11218
business experience in the construction industry in the trade for	11219
which the engineer is applying to take an examination, or have	11220
other experience acceptable to the appropriate section of the	11221
board;	11222

(4) Maintain contractor's liability insurance, including	11223
without limitation, complete operations coverage, in an amount the	11224
appropriate section of the board determines;	11225

(5) Not have done any of the following:

11226

(a) Been convicted of or pleaded guilty to a ~~misdemeanor~~	11227
~~involving~~crime of moral turpitude or ~~of any felony~~a	11228
disqualifying offense as those terms are defined in section	11229
4776.10 of the Revised Code;	11230

(b) Violated this chapter or any rule adopted pursuant to it;

11231

(c) Obtained or renewed a license issued pursuant to this	11232
chapter, or any order, ruling, or authorization of the board or a	11233
section of the board by fraud, misrepresentation, or deception;	11234

(d) Engaged in fraud, misrepresentation, or deception in the	11235
conduct of business.	11236

(C) When an applicant for licensure as a contractor in a	11237
licensed trade meets the qualifications set forth in division (B)	11238
of this section and passes the required examination, the	11239
appropriate section of the board, within ninety days after the	11240
application was filed, shall authorize the administrative section	11241
of the board to license the applicant for the type of contractor's	11242
license for which the applicant qualifies. A section of the board	11243
may withdraw its authorization to the administrative section for	11244
issuance of a license for good cause shown, on the condition that	11245
notice of that withdrawal is given prior to the administrative	11246
section's issuance of the license.	11247

(D) All licenses a contractor holds pursuant to this chapter	11248
shall expire annually on the same date, which shall be the	11249
expiration date of the original license the contractor holds. An	11250
individual holding a valid, unexpired license may renew the	11251
license, without reexamination, by submitting an application to	11252
the appropriate section of the board not more than ninety calendar	11253
days before the expiration of the license, along with the renewal	11254
fee the section requires and proof of compliance with the	11255
applicable continuing education requirements. The applicant shall	11256
provide information in the renewal application satisfactory to	11257
demonstrate to the appropriate section that the applicant	11258
continues to meet the requirements of division (B) of this	11259
section.	11260

Upon application and within one calendar year after a license	11261
has expired, a section may waive any of the requirements for	11262
renewal of a license upon finding that an applicant substantially	11263
meets the renewal requirements or that failure to timely apply for	11264
renewal is due to excusable neglect. A section that waives	11265
requirements for renewal of a license may impose conditions upon	11266
the licensee and assess a late filing fee of not more than double	11267
the usual renewal fee. An applicant shall satisfy any condition	11268
the section imposes before a license is reissued.	11269

(E) An individual holding a valid license may request the	11270
section of the board that authorized that license to place the	11271
license in inactive status under conditions, and for a period of	11272
time, as that section determines.	11273

(F) Except for the ninety-day extension provided for a	11274
license assigned to a business entity under division (D) of	11275
section 4740.07 of the Revised Code, a license held by an	11276
individual immediately terminates upon the death of the	11277
individual.	11278

(G) Nothing in any license issued by the Ohio construction	11279
industry licensing board shall be construed to limit or eliminate	11280
any requirement of or any license issued by the Ohio fire marshal.	11281

(H)(1) Subject to divisions (H)(2), (3), and (4) of this	11282
section, no trade section of the board shall adopt, maintain,	11283
renew, or enforce any rule, or otherwise preclude in any way, an	11284
individual from receiving or renewing a license under this chapter	11285
due to any past criminal activity or interpretation of moral	11286
character, except as pursuant to division (B)(5)(a) of this	11287
section. If the section denies an individual a license or license	11288
renewal, the reasons for such denial shall be put in writing.	11289

(2) Except as otherwise provided in this division, if an	11290
individual applying for a license has been convicted of or pleaded	11291
guilty to a misdemeanor that is not a crime of moral turpitude or	11292
a disqualifying offense less than one year prior to making the	11293
application, the section may use its discretion in granting or	11294
denying the individual a license. Except as otherwise provided in	11295
this division, if an individual applying for a license has been	11296
convicted of or pleaded guilty to a felony that is not a crime of	11297
moral turpitude or a disqualifying offense less than three years	11298
prior to making the application, the section may use its	11299
discretion in granting or denying the individual a license. The	11300
provisions in this paragraph do not apply with respect to any	11301
offense unless the section, prior to the effective date of this	11302
amendment, was required or authorized to deny the application	11303
based on that offense.	11304

In all other circumstances, the section shall follow the	11305
procedures it adopts by rule that conform to division (H)(1) of	11306
this section.	11307

(3) In considering a renewal of an individual's license, the	11308
section shall not consider any conviction or plea of guilty prior	11309
to the initial licensing. However, the board may consider a	11310
conviction or plea of guilty if it occurred after the individual	11311
was initially licensed, or after the most recent license renewal.	11312

(4) The section may grant an individual a conditional license	11313
that lasts for one year. After the one-year period has expired,	11314
the license is no longer considered conditional, and the	11315
individual shall be considered fully licensed.	11316

Sec. 4740.10. (A) The appropriate section of the Ohio	11317
construction industry licensing board, upon an affirmative vote of	11318
four of its members, may take any of the following actions against	11319
a licensee who violates Chapter 4740. of the Revised Code:	11320

(1) Impose a fine on the licensee, not exceeding one thousand	11321
dollars per violation per day;	11322

(2) Direct the administrative section to suspend the	11323
licensee's license for a period of time the section establishes;	11324

(3) Direct the administrative section to revoke the	11325
licensee's license;	11326

(4) Require the licensee to complete additional continuing	11327
education course work. Any continuing education course work	11328
completed pursuant to this division may not count toward any other	11329
continuing education requirements this chapter establishes.	11330

(5) Direct the administrative section to refuse to issue or	11331
renew a license if the section finds that the applicant or	11332
licensee has done any of the following:	11333

(a) Been convicted of a ~~misdemeanor involving~~crime of moral	11334
turpitude or a ~~felony~~disqualifying offense as those terms are	11335
defined in section 4776.10 of the Revised Code;	11336

(b) Violated any provision of this chapter or the rules	11337
adopted pursuant thereto;	11338

(c) Obtained a license or any order, ruling, or authorization	11339
of the board by fraud, misrepresentation, or deception;	11340

(d) Engaged in fraud, misrepresentation, or deception in the	11341
conduct of business.	11342

(B) The appropriate section of the board shall determine the	11343
length of time that a license is to be suspended and whether or	11344
when an individual whose license has been revoked may apply for	11345
reinstatement. The appropriate section of the board may accept or	11346
refuse an application for reinstatement and may require an	11347
examination for reinstatement.	11348

(C) The appropriate section of the board may investigate any	11349
alleged violation of this chapter or the rules adopted pursuant to	11350
it. If, after an investigation, a section determines that any	11351
person has engaged or is engaging in any practice that violates	11352
this chapter or the rules adopted pursuant to it, that section may	11353
apply to the court of common pleas of the county in which the	11354
violation occurred or is occurring for an injunction or other	11355
appropriate relief to enjoin or terminate the violation.	11356

(D) Any person who wishes to make a complaint against a	11357
person who holds a license shall submit the complaint in writing	11358
to the appropriate section of the board within three years after	11359
the date of the action or event upon which the complaint is based.	11360

Sec. 4747.04. The hearing aid dealers and fitters licensing	11361
board shall meet annually to elect a ~~chairman~~chairperson and a	11362
~~vice-chairman~~vice-chairperson, who shall act as ~~chairman~~	11363
chairperson in the absence of the ~~chairman~~chairperson. A majority	11364
of the board constitutes a quorum. The board shall meet when	11365
called by the ~~chairman~~chairperson. The board shall:	11366

(A) Adopt rules for the transaction of its business;

11367

(B) Design and prepare qualifying examinations for licensing	11368
of hearing aid dealers, fitters, and trainees;	11369

(C) Determine whether persons holding similar valid licenses	11370
from other states or jurisdictions shall be required to take and	11371
successfully pass the appropriate qualifying examination as a	11372
condition for licensing in this state;	11373

(D) Determine whether charges made against any licensee	11374
warrant a hearing before the board;	11375

(E) Hold hearings to determine the truth and circumstances of	11376
all charges filed in writing with the board against any licensee	11377
and determine whether any license held by any person shall be	11378
revoked, suspended, or reissued;	11379

(F) Determine and specify the length of time each license	11380
that is suspended or revoked shall remain suspended or revoked;	11381

(G) Advise and assist the department of health in all matters	11382
relating to this chapter;	11383

(H) Deposit all payments collected under this chapter into	11384
the general operations fund created under section 3701.83 of the	11385
Revised Code to be used in administering and enforcing this	11386
chapter;	11387

(I) Establish a list of disqualifying offenses for licensure	11388
as a hearing aid dealer or fitter, or for a hearing aid dealer or	11389
fitter trainee permit, pursuant to sections 4747.05, 4747.10,	11390
4747.12, and 4776.10 of the Revised Code.	11391

Nothing in this section shall be interpreted as granting to	11392
the hearing aid dealers and fitters licensing board the right to	11393
restrict advertising which is not false or misleading, or to	11394
prohibit or in any way restrict a hearing aid dealer or fitter	11395
from renting or leasing space from any person, firm or corporation	11396
in a mercantile establishment for the purpose of using such space	11397
for the lawful sale of hearing aids or to prohibit a mercantile	11398
establishment from selling hearing aids if the sale would be	11399
otherwise lawful under this chapter.	11400

Sec. 4747.05. (A) The hearing aid dealers and fitters	11401
licensing board shall issue to each applicant, within sixty days	11402
of receipt of a properly completed application and payment of two	11403
hundred sixty-two dollars, a hearing aid dealer's or fitter's	11404
license if the applicant, if an individual:	11405

(1) Is at least eighteen years of age;

11406

(2) ~~Is a person of good moral character~~Has not committed a	11407
disqualifying offense or a crime of moral turpitude, as those	11408
terms are defined in section 4776.10 of the Revised Code;	11409

(3) Is free of contagious or infectious disease;

11410

(4) Has successfully passed a qualifying examination	11411
specified and administered by the board.	11412

(B) If the applicant is a firm, partnership, association, or	11413
corporation, the application, in addition to such information as	11414
the board requires, shall be accompanied by an application for a	11415
license for each person, whether owner or employee, of the firm,	11416
partnership, association, or corporation, who engages in dealing	11417
in or fitting of hearing aids, or shall contain a statement that	11418
such applications are submitted separately. No firm, partnership,	11419
association, or corporation licensed pursuant to this chapter	11420
shall permit any unlicensed person to sell or fit hearing aids.	11421

(C)(1) Subject to divisions (C)(2), (3), and (4) of this	11422
section, the board shall not adopt, maintain, renew, or enforce	11423
any rule that precludes an individual from receiving or renewing a	11424
license issued under this chapter due to any past criminal	11425
activity or interpretation of moral character, unless the	11426
individual has committed a crime of moral turpitude or a	11427
disqualifying offense as those terms are defined in section	11428
4776.10 of the Revised Code. If the board denies an individual a	11429
license or license renewal, the reasons for such denial shall be	11430
put in writing.	11431

(2) Except as otherwise provided in this division, if an	11432
individual applying for a license has been convicted of or pleaded	11433
guilty to a misdemeanor that is not a crime of moral turpitude or	11434
a disqualifying offense less than one year prior to making the	11435
application, the board may use the board's discretion in granting	11436
or denying the individual a license. Except as otherwise provided	11437
in this division, if an individual applying for a license has been	11438
convicted of or pleaded guilty to a felony that is not a crime of	11439
moral turpitude or a disqualifying offense less than three years	11440
prior to making the application, the board may use the board's	11441
discretion in granting or denying the individual a license. The	11442
provisions in this paragraph do not apply with respect to any	11443
offense unless the board, prior to the effective date of this	11444
amendment, was required or authorized to deny the application	11445
based on that offense.	11446

In all other circumstances, the board shall follow the	11447
procedures it adopts by rule that conform to division (C)(1) of	11448
this section.	11449

(3) In considering a renewal of an individual's license, the	11450
board shall not consider any conviction or plea of guilty prior to	11451
the initial licensing. However, the board may consider a	11452
conviction or plea of guilty if it occurred after the individual	11453
was initially licensed, or after the most recent license renewal.	11454

(4) The board may grant an individual a conditional license	11455
that lasts for one year. After the one-year period has expired,	11456
the license is no longer considered conditional, and the	11457
individual shall be considered fully licensed.	11458

(D) Each license issued expires on the thirtieth day of	11459
January of the year following that in which it was issued.	11460

Sec. 4747.10. Each person currently engaged in training to	11461
become a licensed hearing aid dealer or fitter shall apply to the	11462
hearing aid dealers and fitters licensing board for a hearing aid	11463
dealer's and fitter's trainee permit. The board shall issue to	11464
each applicant within thirty days of receipt of a properly	11465
completed application and payment of one hundred fifty dollars, a	11466
trainee permit if such applicant ismeets all of the following	11467
criteria:	11468

(A) AtIs at least eighteen years of age;

11469

(B) ~~The~~Is the holder of a diploma from an accredited high	11470
school, or possesses an equivalent education;	11471

(C) ~~A person of good moral character~~Has not committed a	11472
disqualifying offense or a crime of moral turpitude, as those	11473
terms are defined in section 4776.10 of the Revised Code;	11474

(D) ~~Free~~Is free of contagious or infectious disease.

11475

Subject to the next paragraph, the board shall not deny a	11476
trainee permit issued under this section to any individual based	11477
on the individual's past criminal history or an interpretation of	11478
moral character unless the individual has committed a	11479
disqualifying offense or crime of moral turpitude as those terms	11480
are defined in section 4776.10 of the Revised Code. Except as	11481
otherwise provided in this paragraph, if an individual applying	11482
for a trainee permit has been convicted of or pleaded guilty to a	11483
misdemeanor that is not a crime of moral turpitude or a	11484
disqualifying offense less than one year prior to making the	11485
application, the board may use the board's discretion in granting	11486
or denying the individual a trainee permit. Except as otherwise	11487
provided in this paragraph, if an individual applying for a	11488
trainee permit has been convicted of or pleaded guilty to a felony	11489
that is not a crime of moral turpitude or a disqualifying offense	11490
less than three years prior to making the application, the board	11491
may use the board's discretion in granting or denying the	11492
individual a trainee permit. The provisions in this paragraph do	11493
not apply with respect to any offense unless the board, prior to	11494
the effective date of this amendment, was required or authorized	11495
to deny the application based on that offense.	11496

In all other circumstances not described in the preceding	11497
paragraph, the board shall follow the procedures it adopts by rule	11498
that conform to this section.	11499

In considering a renewal of an individual's trainee permit,	11500
the board shall not consider any conviction or plea of guilty	11501
prior to the issuance of the initial trainee permit. However, the	11502
board may consider a conviction or plea of guilty if it occurred	11503
after the individual was initially granted the trainee permit, or	11504
after the most recent trainee permit renewal. If the board denies	11505
an individual for a trainee permit or renewal, the reasons for	11506
such denial shall be put in writing. Additionally, the board may	11507
grant an individual a conditional trainee permit that lasts for	11508
one year. After the one-year period has expired, the permit is no	11509
longer considered conditional, and the individual shall be	11510
considered to be granted a full trainee permit.	11511

Each trainee permit issued by the board expires one year from	11512
the date it was first issued, and may be renewed once if the	11513
trainee has not successfully completed the qualifying requirements	11514
for licensing as a hearing aid dealer or fitter before the	11515
expiration date of such permit. The board shall issue a renewed	11516
permit to each applicant upon receipt of a properly completed	11517
application and payment of one hundred five dollars. No person	11518
holding a trainee permit shall engage in the practice of dealing	11519
in or fitting of hearing aids except while under supervision by a	11520
licensed hearing aid dealer or fitter.	11521

Sec. 4747.12. The hearing aid dealers and fitters licensing	11522
board may revoke or suspend a license or permit if the person who	11523
holds such license or permit:	11524

(A) Is convicted of a ~~felony~~disqualifying offense or a	11525
~~misdemeanor involving~~crime of moral turpitude as those terms are	11526
defined in section 4776.10 of the Revised Code. The record of	11527
conviction, or a copy thereof certified by the clerk of the court	11528
or by the judge in whose court the conviction occurs, is	11529
conclusive evidence of such conviction;	11530

(B) Procured a license or permit by fraud or deceit practiced	11531
upon the board;	11532

(C) Obtained any fee or made any sale of a hearing aid by	11533
fraud or misrepresentation;	11534

(D) Knowingly employed any person without a license or a	11535
person whose license was suspended or revoked to engage in the	11536
fitting or sale of hearing aids;	11537

(E) Used or caused or promoted the use of any advertising	11538
matter, promotional literature, testimonial, guarantee, warranty,	11539
label, brand, insignia, or any other representation, however	11540
disseminated or published, which is misleading, deceptive, or	11541
untruthful;	11542

(F) Advertised a particular model or type of hearing aid for	11543
sale when purchasers or prospective purchasers responding to the	11544
advertisement cannot purchase the specified model or type of	11545
hearing aid;	11546

(G) Represented or advertised that the service or advice of a	11547
person licensed to practice medicine will be used or made	11548
available in the selection, fitting, adjustment, maintenance, or	11549
repair of hearing aids when such is not true, or using the words	11550
"doctor," "clinic," or similar words, abbreviations, or symbols	11551
which connote the medical profession when such use is not	11552
accurate;	11553

(H) Is found by the board to be a person of habitual	11554
intemperance or gross immorality;	11555

(I) Advertised a manufacturer's product or used a	11556
manufacturer's name or trademark in a manner which suggested the	11557
existence of a relationship with the manufacturer which did not or	11558
does not exist;	11559

(J) Fitted or sold, or attempted to fit or sell, a hearing	11560
aid to a person without first utilizing the appropriate procedures	11561
and instruments required for proper fitting of hearing aids;	11562

(K) Engaged in the fitting and sale of hearing aids under a	11563
false name or an alias;	11564

(L) Engaged in the practice of dealing in or fitting of	11565
hearing aids while suffering from a contagious or infectious	11566
disease;	11567

(M) Was found by the board to be guilty of gross incompetence	11568
or negligence in the fitting or sale of hearing aids;	11569

(N) Permitted another person to use ~~his~~the licensee's	11570
license.	11571

Sec. 4749.03. (A)(1) Any individual, including a partner in	11572
a partnership, may be licensed as a private investigator under a	11573
class B license, or as a security guard provider under a class C	11574
license, or as a private investigator and a security guard	11575
provider under a class A license, if the individual meets all of	11576
the following requirements:	11577

(a) Has a good reputation for integrity, has not been	11578
convicted of a ~~felony~~disqualifying offense as defined in section	11579
4776.10 of the Revised Code within the last ~~twenty~~three years or	11580
any ~~offense involving~~crime of moral turpitude as that term is	11581
defined in section 4776.10 of the Revised Code, and has not been	11582
adjudicated incompetent for the purpose of holding the license, as	11583
provided in section 5122.301 of the Revised Code, without having	11584
been restored to legal capacity for that purpose.	11585

(b) Depending upon the class of license for which application	11586
is made, for a continuous period of at least two years immediately	11587
preceding application for a license, has been engaged in	11588
investigatory or security services work for a law enforcement or	11589
other public agency engaged in investigatory activities, or for a	11590
private investigator or security guard provider, or engaged in the	11591
practice of law, or has acquired equivalent experience as	11592
determined by rule of the director of public safety.	11593

(c) Demonstrates competency as a private investigator or	11594
security guard provider by passing an examination devised for this	11595
purpose by the director, except that any individually licensed	11596
person who qualifies a corporation for licensure shall not be	11597
required to be reexamined if the person qualifies the corporation	11598
in the same capacity that the person was individually licensed.	11599

(d) Submits evidence of comprehensive general liability	11600
insurance coverage, or other equivalent guarantee approved by the	11601
director in such form and in principal amounts satisfactory to the	11602
director, but not less than one hundred thousand dollars for each	11603
person and three hundred thousand dollars for each occurrence for	11604
bodily injury liability, and one hundred thousand dollars for	11605
property damage liability.	11606

(e) Pays the requisite examination and license fees.

11607

(2) A corporation may be licensed as a private investigator	11608
under a class B license, or as a security guard provider under a	11609
class C license, or as a private investigator and a security guard	11610
provider under a class A license, if an application for licensure	11611
is filed by an officer of the corporation and the officer, another	11612
officer, or the qualifying agent of the corporation satisfies the	11613
requirements of divisions (A)(1) and (F)(1) of this section.	11614
Officers and the statutory agent of a corporation shall be	11615
determined in accordance with Chapter 1701. of the Revised Code.	11616

(3) At least one partner in a partnership shall be licensed	11617
as a private investigator, or as a security guard provider, or as	11618
a private investigator and a security guard provider. Partners in	11619
a partnership shall be determined as provided for in Chapter 1775.	11620
or 1776. of the Revised Code.	11621

(B) An application for a class A, B, or C license shall be	11622
completed in the form the director prescribes. In the case of an	11623
individual, the application shall state the applicant's name,	11624
birth date, citizenship, physical description, current residence,	11625
residences for the preceding ten years, current employment,	11626
employment for the preceding seven years, experience	11627
qualifications, the location of each of the applicant's offices in	11628
this state, and any other information that is necessary in order	11629
for the director to comply with the requirements of this chapter.	11630
In the case of a corporation, the application shall state the name	11631
of the officer or qualifying agent filing the application; the	11632
state in which the corporation is incorporated and the date of	11633
incorporation; the states in which the corporation is authorized	11634
to transact business; the name of its qualifying agent; the name	11635
of the officer or qualifying agent of the corporation who	11636
satisfies the requirements of divisions (A)(1) and (F)(1) of this	11637
section and the birth date, citizenship, physical description,	11638
current residence, residences for the preceding ten years, current	11639
employment, employment for the preceding seven years, and	11640
experience qualifications of that officer or qualifying agent; and	11641
other information that the director requires. A corporation may	11642
specify in its application information relative to one or more	11643
individuals who satisfy the requirements of divisions (A)(1) and	11644
(F)(1) of this section.	11645

The application described in this division shall be	11646
accompanied by all of the following:	11647

(1) One recent full-face photograph of the applicant or, in	11648
the case of a corporation, of each officer or qualifying agent	11649
specified in the application as satisfying the requirements of	11650
divisions (A)(1) and (F)(1) of this section;	11651

(2) Character references from at least five reputable	11652
citizens for the applicant or, in the case of a corporation, for	11653
each officer or qualifying agent specified in the application as	11654
satisfying the requirements of divisions (A)(1) and (F)(1) of this	11655
section, each of whom has known the applicant, officer, or	11656
qualifying agent for at least five years preceding the	11657
application, and none of whom are connected with the applicant,	11658
officer, or qualifying agent by blood or marriage;	11659

(3) An examination fee of twenty-five dollars for the	11660
applicant or, in the case of a corporation, for each officer or	11661
qualifying agent specified in the application as satisfying the	11662
requirements of divisions (A)(1) and (F)(1) of this section, and a	11663
license fee in the amount the director determines, not to exceed	11664
three hundred seventy-five dollars. The license fee shall be	11665
refunded if a license is not issued.	11666

(C)(1) Each individual applying for a license and each	11667
individual specified by a corporation as an officer or qualifying	11668
agent in an application shall submit one complete set of	11669
fingerprints directly to the superintendent of the bureau of	11670
criminal identification and investigation for the purpose of	11671
conducting a criminal records check. The individual shall provide	11672
the fingerprints using a method the superintendent prescribes	11673
pursuant to division (C)(2) of section 109.572 of the Revised Code	11674
and fill out the form the superintendent prescribes pursuant to	11675
division (C)(1) of section 109.572 of the Revised Code. An	11676
applicant who intends to carry a firearm as defined in section	11677
2923.11 of the Revised Code in the course of business or	11678
employment shall so notify the superintendent. This notification	11679
is in addition to any other requirement related to carrying a	11680
firearm that applies to the applicant. The individual or	11681
corporation requesting the criminal records check shall pay the	11682
fee the superintendent prescribes.	11683

(2) The superintendent shall conduct the criminal records	11684
check as set forth in division (B) of section 109.572 of the	11685
Revised Code. If an applicant intends to carry a firearm in the	11686
course of business or employment, the superintendent shall make a	11687
request to the federal bureau of investigation for any information	11688
and review the information the bureau provides pursuant to	11689
division (B)(2) of section 109.572 of the Revised Code. The	11690
superintendent shall submit all results of the completed	11691
investigation to the director of public safety.	11692

(3) If the director determines that the applicant, officer,	11693
or qualifying agent meets the requirements of divisions (A)(1)(a),	11694
(b), and (d) of this section and that an officer or qualifying	11695
agent meets the requirement of division (F)(1) of this section,	11696
the director shall notify the applicant, officer, or agent of the	11697
time and place for the examination. If the director determines	11698
that an applicant does not meet the requirements of divisions	11699
(A)(1)(a), (b), and (d) of this section, the director shall notify	11700
the applicant that the applicant's application is refused and	11701
refund the license fee. If the director determines that none of	11702
the individuals specified in the application of a corporation as	11703
satisfying the requirements of divisions (A)(1) and (F)(1) of this	11704
section meet the requirements of divisions (A)(1)(a), (b), and (d)	11705
and (F)(1) of this section, the director shall notify the	11706
corporation that its application is refused and refund the license	11707
fee. If the bureau assesses the director a fee for any	11708
investigation, the director, in addition to any other fee assessed	11709
pursuant to this chapter, may assess the applicant, officer, or	11710
qualifying agent, as appropriate, a fee that is equal to the fee	11711
assessed by the bureau.	11712

(4)(a) Subject to divisions (C)(4)(b), (c), and (d) of this	11713
section, the director shall not adopt, maintain, renew, or enforce	11714
any rule, or otherwise preclude in any way, an individual from	11715
receiving or renewing a license under this chapter due to any past	11716
criminal activity or interpretation of moral character, except as	11717
pursuant to division (A)(1)(a) of this section. If the director	11718
denies an individual a license or license renewal, the reasons for	11719
such denial shall be put in writing.	11720

(b) Except as otherwise provided in this division, if an	11721
individual applying for a license has been convicted of or pleaded	11722
guilty to a misdemeanor that is not a crime of moral turpitude or	11723
a disqualifying offense less than one year prior to making the	11724
application, the director may use the director's discretion in	11725
granting or denying the individual a license. Except as otherwise	11726
provided in this division, if an individual applying for a license	11727
has been convicted of or pleaded guilty to a felony that is not a	11728
crime of moral turpitude or a disqualifying offense less than	11729
three years prior to making the application, the director may use	11730
the director's discretion in granting or denying the individual a	11731
license. The provisions in this paragraph do not apply with	11732
respect to any offense unless the director, prior to the effective	11733
date of this amendment, was required or authorized to deny the	11734
application based on that offense.	11735

In all other circumstances, the director shall follow the	11736
procedures the director adopts by rule that conform to division	11737
(C)(4)(a) of this section.	11738

(c) In considering a renewal of an individual's license, the	11739
director shall not consider any conviction or plea of guilty prior	11740
to the initial licensing. However, the director may consider a	11741
conviction or plea of guilty if it occurred after the individual	11742
was initially licensed, or after the most recent license renewal.	11743

(d) The director may grant an individual a conditional	11744
license that lasts for one year. After the one-year period has	11745
expired, the license is no longer considered conditional, and the	11746
individual shall be considered fully licensed.	11747

(D) If upon application, investigation, and examination, the	11748
director finds that the applicant or, in the case of a	11749
corporation, any officer or qualifying agent specified in the	11750
application as satisfying the requirements of divisions (A)(1) and	11751
(F)(1) of this section, meets the applicable requirements, the	11752
director shall issue the applicant or the corporation a class A,	11753
B, or C license. The director also shall issue an identification	11754
card to an applicant, but not an officer or qualifying agent of a	11755
corporation, who meets the applicable requirements. The license	11756
and identification card shall state the licensee's name, the	11757
classification of the license, the location of the licensee's	11758
principal place of business in this state, and the expiration date	11759
of the license, and, in the case of a corporation, it also shall	11760
state the name of each officer or qualifying agent who satisfied	11761
the requirements of divisions (A)(1) and (F)(1) of this section.	11762

Licenses expire on the first day of March following the date	11763
of initial issue, and on the first day of March of each year	11764
thereafter. Annual renewals shall be according to the standard	11765
renewal procedures contained in Chapter 4745. of the Revised Code,	11766
upon payment of an annual renewal fee the director determines, not	11767
to exceed two hundred seventy-five dollars. No license shall be	11768
renewed if the licensee or, in the case of a corporation, each	11769
officer or qualifying agent who qualified the corporation for	11770
licensure no longer meets the applicable requirements of this	11771
section. No license shall be renewed unless the licensee provides	11772
evidence of workers' compensation risk coverage and unemployment	11773
compensation insurance coverage, other than for clerical employees	11774
and excepting sole proprietors who are exempted therefrom, as	11775
provided for in Chapters 4123. and 4141. of the Revised Code,	11776
respectively, as well as the licensee's state tax identification	11777
number. No reexamination shall be required for renewal of a	11778
current license.	11779

For purposes of this chapter, a class A, B, or C license	11780
issued to a corporation shall be considered as also having	11781
licensed the individuals who qualified the corporation for	11782
licensure, for as long as they are associated with the	11783
corporation.	11784

For purposes of this division, "sole proprietor" means an	11785
individual licensed under this chapter who does not employ any	11786
other individual.	11787

(E) The director may issue a duplicate copy of a license	11788
issued under this section for the purpose of replacement of a	11789
lost, spoliated, or destroyed license, upon payment of a fee the	11790
director determines, not exceeding twenty-five dollars. Any change	11791
in license classification requires new application and application	11792
fees.	11793

(F)(1) In order to qualify a corporation for a class A, B, or	11794
C license, an officer or qualifying agent may qualify another	11795
corporation for similar licensure, provided that the officer or	11796
qualifying agent is actively engaged in the business of both	11797
corporations.	11798

(2) Each officer or qualifying agent who qualifies a	11799
corporation for class A, B, or C licensure shall surrender any	11800
personal license of a similar nature that the officer or	11801
qualifying agent possesses.	11802

(3) Upon written notification to the director, completion of	11803
an application similar to that for original licensure, surrender	11804
of the corporation's current license, and payment of a	11805
twenty-five-dollar fee, a corporation's class A, B, or C license	11806
may be transferred to another corporation.	11807

(4) Upon written notification to the director, completion of	11808
an application similar to that for an individual seeking class A,	11809
B, or C licensure, payment of a twenty-five-dollar fee, and, if	11810
the individual was the only individual that qualified a	11811
corporation for licensure, surrender of the corporation's license,	11812
any officer or qualifying agent who qualified a corporation for	11813
licensure under this chapter may obtain a similar license in the	11814
individual's own name without reexamination. A request by an	11815
officer or qualifying agent for an individual license shall not	11816
affect a corporation's license unless the individual is the only	11817
individual that qualified the corporation for licensure or all the	11818
other individuals who qualified the corporation for licensure	11819
submit such requests.	11820

(G) If a corporation is for any reason no longer associated	11821
with an individual who qualified it for licensure under this	11822
chapter, an officer of the corporation shall notify the director	11823
of that fact by certified mail, return receipt requested, within	11824
ten days after the association terminates. If the notification is	11825
so given, the individual was the only individual that qualified	11826
the corporation for licensure, and the corporation submits the	11827
name of another officer or qualifying agent to qualify the	11828
corporation for the license within thirty days after the	11829
association terminates, the corporation may continue to operate in	11830
the business of private investigation, the business of security	11831
services, or both businesses in this state under that license for	11832
ninety days after the association terminates. If the officer or	11833
qualifying agent whose name is submitted satisfies the	11834
requirements of divisions (A)(1) and (F)(1) of this section, the	11835
director shall issue a new license to the corporation within that	11836
ninety-day period. The names of more than one individual may be	11837
submitted.	11838

Sec. 4749.04. (A) The director of public safety may revoke,	11839
suspend, or refuse to renew, when a renewal form has been	11840
submitted, the license of any private investigator or security	11841
guard provider, or the registration of any employee of a private	11842
investigator or security guard provider, for any of the following:	11843

(1) Violation of any of the provisions of division (B) or (C)	11844
of section 4749.13 of the Revised Code;	11845

(2) Conviction of a ~~felony or~~disqualifying offense as	11846
defined in section 4776.10 of the Revised Code if the offense	11847
occurred within the last three years;	11848

(3) Conviction of a crime involving moral turpitude as	11849
defined in section 4776.10 of the Revised Code;	11850

(4) Conviction of an offense that occurred after the	11851
individual was initially licensed, or after the most recent	11852
renewal.	11853

~~(3)~~(5) Violation of any rule of the director governing	11854
private investigators, the business of private investigation,	11855
security guard providers, or the business of security services;	11856

~~(4)~~(6) Testifying falsely under oath, or suborning perjury,	11857
in any judicial proceeding;	11858

~~(5)~~(7) Failure to satisfy the requirements specified in	11859
division (D) of section 4749.03 of the Revised Code.	11860

Any person whose license or registration is revoked,	11861
suspended, or not renewed when a renewal form is submitted may	11862
appeal in accordance with Chapter 119. of the Revised Code.	11863

(B) In lieu of suspending, revoking, or refusing to renew the	11864
class A, B, or C license, or of suspending, revoking, or refusing	11865
to renew the registration of an employee of a class A, B, or C	11866
licensee, the director may impose a civil penalty of not more than	11867
one hundred dollars for each calendar day of a violation of any of	11868
the provisions of this section or of division (B) or (C) of	11869
section 4749.13 of the Revised Code or of a violation of any rule	11870
of the director governing private investigators, the business of	11871
private investigation, security guard providers, or the business	11872
of security services.	11873

Sec. 4749.06. (A) Each class A, B, or C licensee shall	11874
register the licensee's investigator or security guard employees,	11875
with the department of public safety, which shall maintain a	11876
record of each licensee and registered employee and make it	11877
available, upon request, to any law enforcement agency. The class	11878
A, B, or C licensee shall file an application to register a new	11879
employee no sooner than three days nor later than seven calendar	11880
days after the date on which the employee is hired.	11881

(B)(1) Each employee's registration application shall be	11882
accompanied by one recent photograph of the employee, the	11883
employee's physical description, and the registration fee the	11884
director determines, not to exceed forty dollars.	11885

(2) The employee shall submit one complete set of	11886
fingerprints directly to the superintendent of the bureau of	11887
criminal identification and investigation for the purpose of	11888
conducting a criminal records check. The employee shall provide	11889
the fingerprints using a method the superintendent prescribes	11890
pursuant to division (C)(2) of section 109.572 of the Revised Code	11891
and fill out the form the superintendent prescribes pursuant to	11892
division (C)(1) of section 109.572 of the Revised Code. An	11893
employee who intends to carry a firearm as defined in section	11894
2923.11 of the Revised Code in the course of business or	11895
employment shall so notify the superintendent. This notification	11896
is in addition to any other requirement related to carrying a	11897
firearm that applies to the employee. The individual or	11898
corporation requesting the criminal records check shall pay the	11899
fee the superintendent prescribes.	11900

The superintendent shall conduct the criminal records check	11901
as set forth in division (B) of section 109.572 of the Revised	11902
Code. If an employee intends to carry a firearm in the course of	11903
business or employment, pursuant to division (B)(2) of section	11904
109.572 of the Revised Code the superintendent shall make a	11905
request of the federal bureau of investigation for any information	11906
and review the information the bureau provides. The superintendent	11907
shall submit all results of the completed investigation to the	11908
director of public safety.	11909

(3) If, after investigation, the bureau finds that the	11910
employee has not been convicted of a ~~felony~~disqualifying offense	11911
as defined in section 4776.10 of the Revised Code within the last	11912
~~twenty~~three years, the director shall issue to the employee an	11913
identification card bearing the license number and signature of	11914
the licensee, which in the case of a corporation shall be the	11915
signature of its president or its qualifying agent, and containing	11916
the employee's name, address, age, physical description, and right	11917
thumb print or other identifying mark as the director prescribes,	11918
a recent photograph of the employee, and the employee's signature.	11919
The director may issue a duplicate of a lost, spoliated, or	11920
destroyed identification card issued under this section, upon	11921
payment of a fee fixed by the director, not exceeding five	11922
dollars.	11923

(C) Except as provided in division (E) of this section, no	11924
class A, B, or C licensee shall permit an employee, other than an	11925
individual who qualified a corporation for licensure, to engage in	11926
the business of private investigation, the business of security	11927
services, or both businesses until the employee receives an	11928
identification card from the department, except that pending the	11929
issuance of an identification card, a class A, B, or C licensee	11930
may offer for hire security guard or investigator employees	11931
provided the licensee obtains a waiver from the person who	11932
receives, for hire, security guard or investigative services,	11933
acknowledging that the person is aware the employees have not	11934
completed their registration and agreeing to their employment.	11935

(D) If a class A, B, or C licensee, or a registered employee	11936
of a class A, B, or C licensee, intends to carry a firearm, as	11937
defined in section 2923.11 of the Revised Code, in the course of	11938
engaging in the business or employment, the licensee or registered	11939
employee shall satisfactorily complete a firearms basic training	11940
program that includes twenty hours of handgun training and five	11941
hours of training in the use of other firearms, if any other	11942
firearm is to be used, or equivalency training, if authorized, or	11943
shall be a former peace officer who previously had successfully	11944
completed a firearms training course, shall receive a certificate	11945
of satisfactory completion of that program or written evidence of	11946
approval of the equivalency training, shall file an application	11947
for registration, shall receive a firearm-bearer notation on the	11948
licensee's or registered employee's identification card, and shall	11949
annually requalify on a firearms range, all as described in	11950
division (A) of section 4749.10 of the Revised Code. A private	11951
investigator, security guard provider, or employee is authorized	11952
to carry a firearm only in accordance with that division.	11953

(E) This section does not apply to commissioned peace	11954
officers, as defined in division (B) of section 2935.01 of the	11955
Revised Code, working for, either as an employee or independent	11956
contractor, a class A, B, or C licensee. For purposes of this	11957
chapter, a commissioned peace officer is an employee exempt from	11958
registration.	11959

(F) The registration of an investigator or security guard	11960
employee expires annually on the anniversary date of its initial	11961
issuance. Annual renewals shall be made pursuant to procedures the	11962
director establishes by rule and upon payment of a renewal fee the	11963
director determines, not to exceed thirty-five dollars. The	11964
director shall not renew the registration of any investigator or	11965
security guard employee who no longer meets the requirements of	11966
this section. No background check is required for annual renewal,	11967
but an investigator or security guard employee shall report any	11968
~~felony~~ conviction of a disqualifying offense to the employer and	11969
the director of public safety as a condition of continued	11970
registration.	11971

Sec. 4776.021. (A) As used in this section and section	11972
4776.04 of the Revised Code, "trainee license" means a license,	11973
certificate, registration, permit, card, or other authority that	11974
is issued or conferred by any agency described in division (B) of	11975
this section that authorizes the holder to engage as a trainee in	11976
a profession, occupation, or occupational activity, or to operate	11977
as a trainee certain specific equipment, machinery, or premises,	11978
over which the agency described in division (B) of this section	11979
has jurisdiction.	11980

(B) Except as provided in division (E) of this section, if	11981
any licensing agency issues trainee licenses, or if any agency	11982
that issues licenses under Chapter 3772., 4729., 4738., 4747., or	11983
4749. of the Revised Code issues trainee licenses, an applicant	11984
for a trainee license from the licensing agency or other specified	11985
agency, in addition to any other eligibility requirements for the	11986
license, shall submit a request to the bureau of criminal	11987
identification and investigation for a criminal records check of	11988
the applicant. Division (A) of section 4776.02 of the Revised Code	11989
applies with respect to a request required under this division.	11990

(C) Upon receipt of the completed form, the set of	11991
fingerprint impressions, and the fee provided for in division (B)	11992
of this section and division (A) of section 4776.02 of the Revised	11993
Code, the superintendent of the bureau of criminal identification	11994
and investigation shall conduct a criminal records check of the	11995
applicant under division (B) of section 109.572 of the Revised	11996
Code. Upon completion of the criminal records check, the	11997
superintendent shall report the results of the criminal records	11998
check and any information the federal bureau of investigation	11999
provides to the licensing agency or the agency that issues	12000
licenses under Chapter 3772., 4729., 4738., 4747., or 4749. of the	12001
Revised Code that was identified in the request for a criminal	12002
records check.	12003

(D) Except as provided in division (E) of this section, no	12004
licensing agency that issues trainee licenses, and no agency that	12005
issues licenses under Chapter 3772., 4729., 4738., 4747., or 4749.	12006
of the Revised Code and that issues trainee licenses shall issue a	12007
trainee license to an applicant if the licensing agency or other	12008
agency determines that the applicant would not be eligible for	12009
issuance of a license, certificate, registration, permit, card, or	12010
other authority to engage in the profession, occupation, or	12011
occupational activity for which the trainee license would apply,	12012
or for issuance of a license, certificate, registration, permit,	12013
card, or other authority to operate certain specific equipment,	12014
machinery, or premises with respect to which the trainee license	12015
would apply, whichever is applicable.	12016

(E) Divisions (B) to (D) of this section do not apply with	12017
respect to any person who is participating in an apprenticeship or	12018
training program operated by or under contract with the department	12019
of rehabilitation and correction.	12020

Sec. 4776.04. The results of any criminal records check	12021
conducted pursuant to a request made under this chapter and any	12022
report containing those results, including any information the	12023
federal bureau of investigation provides, are not public records	12024
for purposes of section 149.43 of the Revised Code and shall not	12025
be made available to any person or for any purpose other than as	12026
follows:	12027

(A) If the request for the criminal records check was	12028
submitted by an applicant for an initial license or restored	12029
license, as follows:	12030

(1) The superintendent of the bureau of criminal	12031
identification and investigation shall make the results available	12032
to the licensing agency for use in determining, under the agency's	12033
authorizing chapter of the Revised Code, whether the applicant who	12034
is the subject of the criminal records check should be granted a	12035
license under that chapter.	12036

(2) The licensing agency shall make the results available to	12037
the applicant who is the subject of the criminal records check.	12038

(B) If the request for the criminal records check was	12039
submitted by a person seeking to satisfy the criteria for being a	12040
qualified pharmacy technician that are specified in section	12041
4729.42 of the Revised Code or a person seeking to satisfy the	12042
requirements to be an employee of a pain management clinic as	12043
specified in section 4729.552 of the Revised Code, the	12044
superintendent of the bureau of criminal identification and	12045
investigation shall make the results available in accordance with	12046
the following:	12047

(1) The superintendent shall make the results of the criminal	12048
records check, including any information the federal bureau of	12049
investigation provides, available to the person who submitted the	12050
request and is the subject of the criminal records check.	12051

(2) The superintendent shall make the results of the portion	12052
of the criminal records check performed by the bureau of criminal	12053
identification and investigation under division (B)(1) of section	12054
109.572 of the Revised Code available to the employer or potential	12055
employer specified in the request of the person who submitted the	12056
request and shall send a letter of the type described in division	12057
(B)(2) of section 4776.02 of the Revised Code to that employer or	12058
potential employer regarding the information provided by the	12059
federal bureau of investigation that contains one of the types of	12060
statements described in that division.	12061

(C) If the request for the criminal records check was	12062
submitted by an applicant for a trainee license under section	12063
4776.021 of the Revised Code, as follows:	12064

(1) The superintendent of the bureau of criminal	12065
identification and investigation shall make the results available	12066
to the licensing agency or other agency identified in division (B)	12067
of section 4776.021 of the Revised Code for use in determining,	12068
under the agency's authorizing chapter of the Revised Code and	12069
division (D) of section 4776.021 of the Revised Code, whether the	12070
applicant who is the subject of the criminal records check should	12071
be granted a trainee license under that chapter and that division.	12072

(2) The licensing agency or other agency identified in	12073
division (B) of section 4776.021 of the Revised Code shall make	12074
the results available to the applicant who is the subject of the	12075
criminal records check.	12076

Sec. 4776.10. As used in Chapters 4713., 4738., 4740., 4747.,	12077
and 4749. and sections 4725.40 to 4725.59 of the Revised Code:	12078

(A) "Crime of moral turpitude" or "moral turpitude" means all	12079
of the following:	12080

(1) A violation of section 2903.01 or 2903.02 of the Revised	12081
Code;	12082

(2) A sexually oriented offense as defined in section 2950.01	12083
of the Revised Code;	12084

(3) An offense that is an offense of violence as defined in	12085
section 2901.01 of the Revised Code, if the offense is a felony of	12086
the first or second degree;	12087

(4) Complicity in committing an offense described in division	12088
(A)(1) of this section;	12089

(5) An attempt or conspiracy to commit or complicity in	12090
committing any offense described in division (A)(1), (2), (3), or	12091
(4) of this section if the attempt, conspiracy, or complicity is a	12092
felony of the first or second degree;	12093

(6) A violation of any former law of this state, any existing	12094
or former law applicable in a military court or in an Indian	12095
tribal court, or any existing or former law of any nation other	12096
than the United States that is or was substantially equivalent to	12097
any offense listed in division (A)(1), (2), (3), (4), or (5) of	12098
this section.	12099

(B) "Direct nexus" means that the nature of the offense for	12100
which the individual was convicted or to which the individual	12101
pleaded guilty has a direct bearing on the fitness or ability of	12102
the individual to perform one or more of the duties or	12103
responsibilities necessarily related to a particular occupation,	12104
profession, or trade.	12105

(C) "Disqualifying offense" means an offense that is a felony	12106
and that has a direct nexus to an individual's proposed or current	12107
field of licensure, certification, or employment.	12108

Sec. 5111.032. (A) As used in this section:

12109

(1) "Criminal records check" has the same meaning as in	12110
section 109.572 of the Revised Code.	12111

(2) "Department" includes a designee of the department of job	12112
and family services.	12113

(3) "Owner" means a person who has an ownership interest in a	12114
provider in an amount designated by the department of job and	12115
family services in rules adopted under this section.	12116

(4) "Provider" means a person, institution, or entity that	12117
has a provider agreement with the department of job and family	12118
services pursuant to Title XIX of the "Social Security Act," 49	12119
~~State~~Stat. 620 (1965), 42 U.S.C. 1396, as amended.	12120

(B)(1) Except as provided in division (B)(2) of this section,	12121
the department of job and family services may require that any	12122
provider, applicant to be a provider, employee or prospective	12123
employee of a provider, owner or prospective owner of a provider,	12124
officer or prospective officer of a provider, or board member or	12125
prospective board member of a provider submit to a criminal	12126
records check as a condition of obtaining a provider agreement,	12127
continuing to hold a provider agreement, being employed by a	12128
provider, having an ownership interest in a provider, or being an	12129
officer or board member of a provider. The department may	12130
designate the categories of persons who are subject to the	12131
criminal records check requirement. The department shall designate	12132
the times at which the criminal records checks must be conducted.	12133

(2) The section does not apply to providers, applicants to be	12134
providers, employees of a provider, or prospective employees of a	12135
provider who are subject to criminal records checks under section	12136
5111.033 or 5111.034 of the Revised Code.	12137

(C)(1) The department shall inform each provider or applicant	12138
to be a provider whether the provider or applicant is subject to a	12139
criminal records check requirement under division (B) of this	12140
section. For providers, the information shall be given at times	12141
designated in rules adopted under this section. For applicants to	12142
be providers, the information shall be given at the time of	12143
initial application. When the information is given, the department	12144
shall specify which of the provider's or applicant's employees or	12145
prospective employees, owners or prospective owners, officers or	12146
prospective officers, or board members or prospective board	12147
members are subject to the criminal records check requirement.	12148

(2) At times designated in rules adopted under this section,	12149
a provider that is subject to the criminal records check	12150
requirement shall inform each person specified by the department	12151
under division (C)(1) of this section that the person is required,	12152
as applicable, to submit to a criminal records check for final	12153
consideration for employment in a full-time, part-time, or	12154
temporary position; as a condition of continued employment; or as	12155
a condition of becoming or continuing to be an officer, board	12156
member or owner of a provider.	12157

(D)(1) If a provider or applicant to be a provider is subject	12158
to a criminal records check under this section, the department	12159
shall require the conduct of a criminal records check by the	12160
superintendent of the bureau of criminal identification and	12161
investigation. If a provider or applicant to be a provider for	12162
whom a criminal records check is required does not present proof	12163
of having been a resident of this state for the five-year period	12164
immediately prior to the date the criminal records check is	12165
requested or provide evidence that within that five-year period	12166
the superintendent has requested information about the individual	12167
from the federal bureau of investigation in a criminal records	12168
check, the department shall require the provider or applicant to	12169
request that the superintendent obtain information from the	12170
federal bureau of investigation as part of the criminal records	12171
check of the provider or applicant. Even if a provider or	12172
applicant for whom a criminal records check request is required	12173
presents proof of having been a resident of this state for the	12174
five-year period, the department may require that the provider or	12175
applicant request that the superintendent obtain information from	12176
the federal bureau of investigation and include it in the criminal	12177
records check of the provider or applicant.	12178

(2) A provider shall require the conduct of a criminal	12179
records check by the superintendent with respect to each of the	12180
persons specified by the department under division (C)(1) of this	12181
section. If the person for whom a criminal records check is	12182
required does not present proof of having been a resident of this	12183
state for the five-year period immediately prior to the date the	12184
criminal records check is requested or provide evidence that	12185
within that five-year period the superintendent of the bureau of	12186
criminal identification and investigation has requested	12187
information about the individual from the federal bureau of	12188
investigation in a criminal records check, the individual shall	12189
request that the superintendent obtain information from the	12190
federal bureau of investigation as part of the criminal records	12191
check of the individual. Even if an individual for whom a criminal	12192
records check request is required presents proof of having been a	12193
resident of this state for the five-year period, the department	12194
may require the provider to request that the superintendent obtain	12195
information from the federal bureau of investigation and include	12196
it in the criminal records check of the person.	12197

(E)(1) Criminal records checks required under this section	12198
for providers or applicants to be providers shall be obtained as	12199
follows:	12200

(a) The department shall provide each provider or applicant	12201
information about accessing and completing the form prescribed	12202
pursuant to division (C)(1) of section 109.572 of the Revised Code	12203
and the standard fingerprint impression sheet prescribed pursuant	12204
to division (C)(2) of that section.	12205

(b) The provider or applicant shall submit the required form	12206
and one complete set of fingerprint impressions directly to the	12207
superintendent for purposes of conducting the criminal records	12208
check using the applicable methods prescribed by division (C) of	12209
section 109.572 of the Revised Code. The applicant or provider	12210
shall pay all fees associated with obtaining the criminal records	12211
check.	12212

(c) The superintendent shall conduct the criminal records	12213
check in accordance with section 109.572 of the Revised Code. The	12214
provider or applicant shall instruct the superintendent to submit	12215
the report of the criminal records check directly to the director	12216
of job and family services.	12217

(2) Criminal records checks required under this section for	12218
persons specified by the department under division (C)(1) of this	12219
section shall be obtained as follows:	12220

(a) The provider shall give to each person subject to	12221
criminal records check requirement information about accessing and	12222
completing the form prescribed pursuant to division (C)(1) of	12223
section 109.572 of the Revised Code and the standard fingerprint	12224
impression sheet prescribed pursuant to division (C)(2) of that	12225
section.	12226

(b) The person shall submit the required form and one	12227
complete set of fingerprint impressions directly to the	12228
superintendent for purposes of conducting the criminal records	12229
check using the applicable methods prescribed by division (C) of	12230
section 109.572 of the Revised Code. The person shall pay all fees	12231
associated with obtaining the criminal records check.	12232

(c) The superintendent shall conduct the criminal records	12233
check in accordance with section 109.572 of the Revised Code. The	12234
person subject to the criminal records check shall instruct the	12235
superintendent to submit the report of the criminal records check	12236
directly to the provider. The department may require the provider	12237
to submit the report to the department.	12238

(F) If a provider or applicant to be a provider is given the	12239
information specified in division (E)(1)(a) of this section but	12240
fails to obtain a criminal records check, the department shall, as	12241
applicable, terminate the provider agreement or deny the	12242
application to be a provider.	12243

If a person is given the information specified in division	12244
(E)(2)(a) of this section but fails to obtain a criminal records	12245
check, the provider shall not, as applicable, permit the person to	12246
be an employee, owner, officer, or board member of the provider.	12247

(G) Except as provided in rules adopted under division (J) of	12248
this section, the department shall terminate the provider	12249
agreement of a provider or the department shall not issue a	12250
provider agreement to an applicant if the provider or applicant is	12251
subject to a criminal records check under this section and the	12252
provider or applicant has been convicted of, has pleaded guilty	12253
to, or has been found eligible for intervention in lieu of	12254
conviction for any of the following, regardless of the date of the	12255
conviction, the date of entry of the guilty plea, or the date the	12256
applicant or provider was found eligible for intervention in lieu	12257
of conviction:	12258

(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	12259
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	12260
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	12261
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	12262
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	12263
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	12264
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	12265
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	12266
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	12267
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	12268
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	12269
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	12270
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	12271
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	12272
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141,	12273
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code,	12274
felonious sexual penetration in violation of former section	12275
2907.12 of the Revised Code, a violation of section 2905.04 of the	12276
Revised Code as it existed prior to July 1, 1996, a violation of	12277
section 2919.23 of the Revised Code that would have been a	12278
violation of section 2905.04 of the Revised Code as it existed	12279
prior to July 1, 1996, had the violation been committed prior to	12280
that date;	12281

(2) A violation of an existing or former municipal ordinance	12282
or law of this state, any other state, or the United States that	12283
is substantially equivalent to any of the offenses listed in	12284
division (G)(1) of this section.	12285

(H)(1)(a) Except as provided in rules adopted under division	12286
(J) of this section and subject to division (H)(2) of this	12287
section, no provider shall permit a person to be an employee,	12288
owner, officer, or board member of the provider if the person is	12289
subject to a criminal records check under this section and the	12290
person has been convicted of, has pleaded guilty to, or has been	12291
found eligible for intervention in lieu of conviction for any of	12292
the offenses specified in division (G)(1) or (2) of this section.	12293

(b) No provider shall employ a person who has been excluded	12294
from participating in the medicaid program, the medicare program	12295
operated pursuant to Title XVIII of the "Social Security Act," or	12296
any other federal health care program.	12297

(2)(a) A provider may employ conditionally a person for whom	12298
a criminal records check is required under this section prior to	12299
obtaining the results of a criminal records check regarding the	12300
person, but only if the person submits a request for a criminal	12301
records check not later than five business days after the	12302
individual begins conditional employment.	12303

(b) A provider that employs a person conditionally under	12304
authority of division (H)(2)(a) of this section shall terminate	12305
the person's employment if the results of the criminal records	12306
check request are not obtained within the period ending sixty days	12307
after the date the request is made. Regardless of when the results	12308
of the criminal records check are obtained, if the results	12309
indicate that the individual has been convicted of, has pleaded	12310
guilty to, or has been found eligible for intervention in lieu of	12311
conviction for any of the offenses specified in division (G)(1) or	12312
(2) of this section, the provider shall terminate the person's	12313
employment unless the provider chooses to employ the individual	12314
pursuant to division (J) of this section.	12315

(I) The report of a criminal records check conducted pursuant	12316
to this section is not a public record for the purposes of section	12317
149.43 of the Revised Code and shall not be made available to any	12318
person other than the following:	12319

(1) The person who is the subject of the criminal records	12320
check or the person's representative;	12321

(2) The director of job and family services and the staff of	12322
the department in the administration of the medicaid program;	12323

(3) A court, hearing officer, or other necessary individual	12324
involved in a case dealing with the denial or termination of a	12325
provider agreement;	12326

(4) A court, hearing officer, or other necessary individual	12327
involved in a case dealing with a person's denial of employment,	12328
termination of employment, or employment or unemployment benefits.	12329

(J) The department may adopt rules in accordance with Chapter	12330
119. of the Revised Code to implement this section. The rules may	12331
specify circumstances under which the department may continue a	12332
provider agreement or issue a provider agreement to an applicant	12333
when the provider or applicant has been convicted of, has pleaded	12334
guilty to, or has been found eligible for intervention in lieu of	12335
conviction for any of the offenses specified in division (G)(1) or	12336
(2) of this section. The rules may also specify circumstances	12337
under which a provider may permit a person to be an employee,	12338
owner, officer, or board member of the provider, when the person	12339
has been convicted of, has pleaded guilty to, or has been found	12340
eligible for intervention in lieu of conviction for any of the	12341
offenses specified in division (G)(1) or (2) of this section.	12342

Sec. 5111.033. (A) As used in this section:

12343

(1) "Applicant" means a person who is under final	12344
consideration for employment or, after September 26, 2003, an	12345
existing employee with a waiver agency in a full-time, part-time,	12346
or temporary position that involves providing home and	12347
community-based waiver services to a person with disabilities.	12348
"Applicant" also means an existing employee with a waiver agency	12349
in a full-time, part-time, or temporary position that involves	12350
providing home and community-based waiver services to a person	12351
with disabilities after September 26, 2003.	12352

(2) "Criminal records check" has the same meaning as in	12353
section 109.572 of the Revised Code.	12354

(3) "Waiver agency" means a person or government entity that	12355
is not certified under the medicare program and is accredited by	12356
the community health accreditation program or the joint commission	12357
on accreditation of health care organizations or a company that	12358
provides home and community-based waiver services to persons with	12359
disabilities through department of job and family services	12360
administered home and community-based waiver programs.	12361

(4) "Home and community-based waiver services" means services	12362
furnished under the provision of 42 C.F.R. 441, subpart G, that	12363
permit individuals to live in a home setting rather than a nursing	12364
facility or hospital. Home and community-based waiver services are	12365
approved by the centers for medicare and medicaid for specific	12366
populations and are not otherwise available under the medicaid	12367
state plan.	12368

(B)(1) The chief administrator of a waiver agency shall	12369
require each applicant to request that the superintendent of the	12370
bureau of criminal identification and investigation conduct a	12371
criminal records check with respect to the applicant. If an	12372
applicant for whom a criminal records check request is required	12373
under this division does not present proof of having been a	12374
resident of this state for the five-year period immediately prior	12375
to the date the criminal records check is requested or provide	12376
evidence that within that five-year period the superintendent has	12377
requested information about the applicant from the federal bureau	12378
of investigation in a criminal records check, the chief	12379
administrator shall require the applicant to request that the	12380
superintendent obtain information from the federal bureau of	12381
investigation as part of the criminal records check of the	12382
applicant. Even if an applicant for whom a criminal records check	12383
request is required under this division presents proof of having	12384
been a resident of this state for the five-year period, the chief	12385
administrator may require the applicant to request that the	12386
superintendent include information from the federal bureau of	12387
investigation in the criminal records check.	12388

(2) The chief administrator shall provide the following to	12389
each applicant for whom a criminal records check request is	12390
required under division (B)(1) of this section:	12391

(a) Information about accessing, completing, and forwarding	12392
to the superintendent of the bureau of criminal identification and	12393
investigation the form prescribed pursuant to division (C)(1) of	12394
section 109.572 of the Revised Code and the standard fingerprint	12395
impression sheet prescribed pursuant to division (C)(2) of that	12396
section;	12397

(b) Written notification that the applicant is to instruct	12398
the superintendent to submit the completed report of the criminal	12399
records check directly to the chief administrator.	12400

(3) An applicant given information and notification under	12401
divisions (B)(2)(a) and (b) of this section who fails to access,	12402
complete, and forward to the superintendent the form or the	12403
standard fingerprint impression sheet, or who fails to instruct	12404
the superintendent to submit the completed report of the criminal	12405
records check directly to the chief administrator, shall not be	12406
employed in any position in a waiver agency for which a criminal	12407
records check is required by this section.	12408

(C)(1) Except as provided in rules adopted by the department	12409
of job and family services in accordance with division (F) of this	12410
section and subject to division (C)(2) of this section, no waiver	12411
agency shall employ a person in a position that involves providing	12412
home and community-based waiver services to persons with	12413
disabilities if the person has been convicted of, has pleaded	12414
guilty to, or has been found eligible for intervention in lieu of	12415
conviction for any of the following, regardless of the date of the	12416
conviction, the date of entry of the guilty plea, or the date the	12417
person was found eligible for intervention in lieu of conviction:	12418

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	12419
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	12420
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	12421
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	12422
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	12423
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	12424
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	12425
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	12426
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	12427
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	12428
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	12429
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	12430
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	12431
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	12432
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141,	12433
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code,	12434
felonious sexual penetration in violation of former section	12435
2907.12 of the Revised Code, a violation of section 2905.04 of the	12436
Revised Code as it existed prior to July 1, 1996, a violation of	12437
section 2919.23 of the Revised Code that would have been a	12438
violation of section 2905.04 of the Revised Code as it existed	12439
prior to July 1, 1996, had the violation been committed prior to	12440
that date;	12441

(b) A violation of an existing or former municipal ordinance	12442
or law of this state, any other state, or the United States that	12443
is substantially equivalent to any of the offenses listed in	12444
division (C)(1)(a) of this section.	12445

(2)(a) A waiver agency may employ conditionally an applicant	12446
for whom a criminal records check request is required under	12447
division (B) of this section prior to obtaining the results of a	12448
criminal records check regarding the individual, provided that the	12449
agency shall require the individual to request a criminal records	12450
check regarding the individual in accordance with division (B)(1)	12451
of this section not later than five business days after the	12452
individual begins conditional employment.	12453

(b) A waiver agency that employs an individual conditionally	12454
under authority of division (C)(2)(a) of this section shall	12455
terminate the individual's employment if the results of the	12456
criminal records check request under division (B) of this section,	12457
other than the results of any request for information from the	12458
federal bureau of investigation, are not obtained within the	12459
period ending sixty days after the date the request is made.	12460
Regardless of when the results of the criminal records check are	12461
obtained, if the results indicate that the individual has been	12462
convicted of, has pleaded guilty to, or has been found eligible	12463
for intervention in lieu of conviction for any of the offenses	12464
listed or described in division (C)(1) of this section, the agency	12465
shall terminate the individual's employment unless the agency	12466
chooses to employ the individual pursuant to division (F) of this	12467
section.	12468

(D)(1) The fee prescribed pursuant to division (C)(3) of	12469
section 109.572 of the Revised Code for each criminal records	12470
check conducted pursuant to a request made under division (B) of	12471
this section shall be paid to the bureau of criminal	12472
identification and investigation by the applicant or the waiver	12473
agency.	12474

(2) If a waiver agency pays the fee, it may charge the	12475
applicant a fee not exceeding the amount the agency pays under	12476
division (D)(1) of this section. An agency may collect a fee only	12477
if the agency notifies the person at the time of initial	12478
application for employment of the amount of the fee and that,	12479
unless the fee is paid, the person will not be considered for	12480
employment.	12481

(E) The report of any criminal records check conducted	12482
pursuant to a request made under this section is not a public	12483
record for the purposes of section 149.43 of the Revised Code and	12484
shall not be made available to any person other than the	12485
following:	12486

(1) The individual who is the subject of the criminal records	12487
check or the individual's representative;	12488

(2) The chief administrator of the agency requesting the	12489
criminal records check or the administrator's representative;	12490

(3) An administrator at the department;

12491

(4) A court, hearing officer, or other necessary individual	12492
involved in a case dealing with a denial of employment of the	12493
applicant or dealing with employment or unemployment benefits of	12494
the applicant.	12495

(F) The department shall adopt rules in accordance with	12496
Chapter 119. of the Revised Code to implement this section. The	12497
rules shall specify circumstances under which a waiver agency may	12498
employ a person who has been convicted of, has pleaded guilty to,	12499
or has been found eligible for intervention in lieu of conviction	12500
for an offense listed or described in division (C)(1) of this	12501
section.	12502

(G) The chief administrator of a waiver agency shall inform	12503
each person, at the time of initial application for a position	12504
that involves providing home and community-based waiver services	12505
to a person with a disability, that the person is required to	12506
provide a set of fingerprint impressions and that a criminal	12507
records check is required to be conducted if the person comes	12508
under final consideration for employment.	12509

(H)(1) A person who, on September 26, 2003, is an employee of	12510
a waiver agency in a full-time, part-time, or temporary position	12511
that involves providing home and community-based waiver services	12512
to a person with disabilities shall comply with this section	12513
within sixty days after September 26, 2003, unless division (H)(2)	12514
of this section applies.	12515

(2) This section shall not apply to a person to whom all of	12516
the following apply:	12517

(a) On September 26, 2003, the person is an employee of a	12518
waiver agency in a full-time, part-time, or temporary position	12519
that involves providing home and community-based waiver services	12520
to a person with disabilities.	12521

(b) The person previously had been the subject of a criminal	12522
background check relating to that position;	12523

(c) The person has been continuously employed in that	12524
position since that criminal background check had been conducted.	12525

Sec. 5111.034. (A) As used in this section:

12526

(1) "Anniversary date" means the later of the effective date	12527
of the provider agreement relating to the independent provider or	12528
sixty days after September 26, 2003.	12529

(2) "Criminal records check" has the same meaning as in	12530
section 109.572 of the Revised Code.	12531

(3) "Department" includes a designee of the department of job	12532
and family services.	12533

(4) "Independent provider" means a person who is submitting	12534
an application for a provider agreement or who has a provider	12535
agreement as an independent provider in a department of job and	12536
family services administered home and community-based services	12537
program providing home and community-based waiver services to	12538
consumers with disabilities.	12539

(5) "Home and community-based waiver services" has the same	12540
meaning as in section 5111.033 of the Revised Code.	12541

(B)(1) The department of job and family services shall inform	12542
each independent provider, at the time of initial application for	12543
a provider agreement that involves providing home and	12544
community-based waiver services to consumers with disabilities,	12545
that the independent provider is required to provide a set of	12546
fingerprint impressions and that a criminal records check is	12547
required to be conducted if the person is to become an independent	12548
provider in a department administered home and community-based	12549
waiver program.	12550

(2) Beginning on September 26, 2003, the department shall	12551
inform each enrolled medicaid independent provider on or before	12552
time of the anniversary date of the provider agreement that	12553
involves providing home and community-based waiver services to	12554
consumers with disabilities that the independent provider is	12555
required to provide a set of fingerprint impressions and that a	12556
criminal records check is required to be conducted.	12557

(C)(1) The department shall require the independent provider	12558
to complete a criminal records check prior to entering into a	12559
provider agreement with the independent provider and at least	12560
annually thereafter. If an independent provider for whom a	12561
criminal records check is required under this division does not	12562
present proof of having been a resident of this state for the	12563
five-year period immediately prior to the date the criminal	12564
records check is requested or provide evidence that within that	12565
five-year period the superintendent of the bureau of criminal	12566
identification and investigation has requested information about	12567
the independent provider from the federal bureau of investigation	12568
in a criminal records check, the department shall request that the	12569
independent provider obtain through the superintendent a criminal	12570
records request from the federal bureau of investigation as part	12571
of the criminal records check of the independent provider. Even if	12572
an independent provider for whom a criminal records check request	12573
is required under this division presents proof of having been a	12574
resident of this state for the five-year period, the department	12575
may request that the independent provider obtain information	12576
through the superintendent from the federal bureau of	12577
investigation in the criminal records check.	12578

(2) The department shall provide the following to each	12579
independent provider for whom a criminal records check request is	12580
required under division (C)(1) of this section:	12581

(a) Information about accessing, completing, and forwarding	12582
to the superintendent of the bureau of criminal identification and	12583
investigation the form prescribed pursuant to division (C)(1) of	12584
section 109.572 of the Revised Code and the standard fingerprint	12585
impression sheet prescribed pursuant to division (C)(2) of that	12586
section;	12587

(b) Written notification that the independent provider is to	12588
instruct the superintendent to submit the completed report of the	12589
criminal records check directly to the department.	12590

(3) An independent provider given information and	12591
notification under divisions (C)(2)(a) and (b) of this section who	12592
fails to access, complete, and forward to the superintendent the	12593
form or the standard fingerprint impression sheet, or who fails to	12594
instruct the superintendent to submit the completed report of the	12595
criminal records check directly to the department, shall not be	12596
approved as an independent provider.	12597

(D) Except as provided in rules adopted by the department in	12598
accordance with division (G) of this section, the department shall	12599
not issue a new provider agreement to, and shall terminate an	12600
existing provider agreement of, an independent provider if the	12601
person has been convicted of, has pleaded guilty to, or has been	12602
found eligible for intervention in lieu of conviction for any of	12603
the following, regardless of the date of the conviction, the date	12604
of entry of the guilty plea, or the date the person was found	12605
eligible for intervention in lieu of conviction:	12606

(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	12607
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	12608
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	12609
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	12610
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	12611
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	12612
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	12613
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	12614
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	12615
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	12616
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	12617
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	12618
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	12619
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	12620
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141,	12621
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code,	12622
felonious sexual penetration in violation of former section	12623
2907.12 of the Revised Code, a violation of section 2905.04 of the	12624
Revised Code as it existed prior to July 1, 1996, a violation of	12625
section 2919.23 of the Revised Code that would have been a	12626
violation of section 2905.04 of the Revised Code as it existed	12627
prior to July 1, 1996, had the violation been committed prior to	12628
that date;	12629

(2) A violation of an existing or former municipal ordinance	12630
or law of this state, any other state, or the United States that	12631
is substantially equivalent to any of the offenses listed in	12632
division (D)(1) of this section.	12633

(E) Each independent provider shall pay to the bureau of	12634
criminal identification and investigation the fee prescribed	12635
pursuant to division (C)(3) of section 109.572 of the Revised Code	12636
for each criminal records check conducted pursuant to a request	12637
made under division (C) of this section.	12638

(F) The report of any criminal records check conducted by the	12639
bureau of criminal identification and investigation in accordance	12640
with section 109.572 of the Revised Code and pursuant to a request	12641
made under division (C) of this section is not a public record for	12642
the purposes of section 149.43 of the Revised Code and shall not	12643
be made available to any person other than the following:	12644

(1) The person who is the subject of the criminal records	12645
check or the person's representative;	12646

(2) An administrator at the department or the administrator's	12647
representative;	12648

(3) A court, hearing officer, or other necessary individual	12649
involved in a case dealing with a denial or termination of a	12650
provider agreement related to the criminal records check.	12651

(G) The department shall adopt rules in accordance with	12652
Chapter 119. of the Revised Code to implement this section. The	12653
rules shall specify circumstances under which the department may	12654
either issue a provider agreement to an independent provider or	12655
allow an independent provider to maintain an existing provider	12656
agreement when the independent provider has been convicted of, has	12657
pleaded guilty to, or has been found eligible for intervention in	12658
lieu of conviction for an offense listed or described in division	12659
(D)(1) or (2) of this section.	12660

Sec. 5120.07. (A) There is hereby created the ex-offender	12661
reentry coalition consisting of the following ~~seventeen~~eighteen	12662
members or their designees:	12663

(1) The director of rehabilitation and correction;

12664

(2) The director of aging;

12665

(3) The director of alcohol and drug addiction services;

12666

(4) The director of development;

12667

(5) The superintendent of public instruction;

12668

(6) The director of health;

12669

(7) The director of job and family services;

12670

(8) The director of mental health;

12671

(9) The director of developmental disabilities;

12672

(10) The director of public safety;

12673

(11) The director of youth services;

12674

(12) The chancellor of the Ohio board of regents;

12675

(13) A representative or member of the governor's staff;

12676

(14) The director of the rehabilitation services commission;

12677

(15) The director of the department of commerce;

12678

(16) The executive director of a health care licensing board	12679
created under Title XLVII of the Revised Code, as appointed by the	12680
chairperson of the coalition;	12681

(17) The director of veterans services;

12682

(18) An ex-offender appointed by the director of	12683
rehabilitation and correction.	12684

(B) The members of the coalition shall serve without	12685
compensation. The director of rehabilitation and correction or the	12686
director's designee shall be the chairperson of the coalition.	12687

(C) In consultation with persons interested and involved in	12688
the reentry of ex-offenders into the community, including but not	12689
limited to, service providers, community-based organizations, and	12690
local governments, the coalition shall identify and examine social	12691
service barriers and other obstacles to the reentry of	12692
ex-offenders into the community. Not later than one year after	12693
April 7, 2009, and on or before the same date of each year	12694
thereafter, the coalition shall submit to the speaker of the house	12695
of representatives and the president of the senate a report,	12696
including recommendations for legislative action, the activities	12697
of the coalition, and the barriers affecting the successful	12698
reentry of ex-offenders into the community. The report shall	12699
analyze the effects of those barriers on ex-offenders and on their	12700
children and other family members in various areas, including but	12701
not limited to, the following:	12702

(1) Admission to public and other housing;

12703

(2) Child support obligations and procedures;

12704

(3) Parental incarceration and family reunification;

12705

(4) Social security benefits, veterans' benefits, food	12706
stamps, and other forms of public assistance;	12707

(5) Employment;

12708

(6) Education programs and financial assistance;

12709

(7) Substance abuse, mental health, and sex offender	12710
treatment programs and financial assistance;	12711

(8) Civic and political participation;

12712

(9) Other collateral consequences under the Revised Code or	12713
the Ohio administrative code law that may result from a criminal	12714
conviction.	12715

(D)(1) The report shall also include the following	12716
information:	12717

(a) Identification of state appropriations for reentry	12718
programs;	12719

(b) Identification of other funding sources for reentry	12720
programs that are not funded by the state;	12721

(2) The coalition shall gather information about reentry	12722
programs in a repository maintained and made available by the	12723
coalition. Where available, the information shall include the	12724
following:	12725

(a) The amount of funding received;

12726

(b) The number of program participants;

12727

(c) The composition of the program, including program goals,	12728
methods for measuring success, and program success rate;	12729

(d) The type of post-program tracking that is utilized;

12730

(e) Information about employment rates and recidivism rates	12731
of ex-offenders.	12732

(E) The coalition shall cease to exist on December 31, 2014.

12733

Sec. 5149.311. (A) The department of rehabilitation and	12734
correction shall establish and administer the probation	12735
improvement grant and the probation incentive grant for ~~court of~~	12736
common pleas, municipal, and county court probation departments	12737
that supervise ~~felony~~ offenders.	12738

(B)(1) The probation improvement grant shall provide funding	12739
to ~~court of~~ common pleas, municipal, and county court probation	12740
departments to adopt policies and practices based on the latest	12741
research on how to reduce the number of ~~felony~~ offenders on	12742
probation supervision who violate the conditions of their	12743
supervision.	12744

(2) The department shall adopt rules for the distribution of	12745
the probation improvement grant, including the formula for the	12746
allocation of the subsidy based on the number of ~~felony~~ offenders	12747
placed on probation annually in each jurisdiction.	12748

(C)(1) The probation incentive grant shall provide a	12749
performance-based level of funding to ~~court of~~ common pleas,	12750
municipal, and county court probation departments that are	12751
successful in reducing the number of ~~felony~~ offenders on probation	12752
supervision whose terms of supervision are revoked.	12753

(2) The department shall calculate annually any cost savings	12754
realized by the state from a reduction in the percentage of people	12755
who are incarcerated because their terms of supervised probation	12756
were revoked. The cost savings estimate shall be calculated for	12757
each ~~county~~jurisdiction served by the probation department	12758
eligible for a grant under this section and be based on the	12759
difference from fiscal year 2010 and the fiscal year under	12760
examination.	12761

(3) The department shall adopt rules that specify the subsidy	12762
amount to be appropriated to ~~court of~~ common pleas, municipal, and	12763
county court probation departments that successfully reduce the	12764
percentage of people on probation who are incarcerated because	12765
their terms of supervision are revoked.	12766

(D) The following stipulations apply to both the probation	12767
improvement grant and the probation incentive grant:	12768

(1) In order to be eligible for the probation improvement	12769
grant and the probation incentive grant, ~~courts of~~ common pleas,	12770
municipal, and county courts must satisfy all requirements under	12771
sections 2301.27 and 2301.30 of the Revised Code ~~and, except~~.	12772
Except for sentencing decisions made by a court when use of the	12773
risk assessment tool is discretionary, in order to be eligible for	12774
the probation improvement grant and the probation incentive grant,	12775
a court must utilize the single validated risk assessment tool	12776
selected by the department of rehabilitation and correction under	12777
section 5120.114 of the Revised Code.	12778

(2) The department may deny a subsidy under this section to	12779
any applicant if the applicant fails to comply with the terms of	12780
any agreement entered into pursuant to any of the provisions of	12781
this section.	12782

(3) The department shall evaluate or provide for the	12783
evaluation of the policies, practices, and programs the ~~court of~~	12784
common pleas, municipal, or county court probation departments	12785
utilize with the programs of subsidies established under this	12786
section and establish means of measuring their effectiveness.	12787

(4) The department shall specify the policies, practices, and	12788
programs for which ~~court of~~ common pleas, municipal, or county	12789
court probation departments may use the program subsidy and shall	12790
establish minimum standards of quality and efficiency that	12791
recipients of the subsidy must follow. The department shall give	12792
priority to supporting evidence-based policies and practices, as	12793
defined by the department.	12794

Sec. 5502.011. (A) As used in this section, "department of	12795
public safety" and "department" include all divisions within the	12796
department of public safety.	12797

(B) The director ~~of the department~~ of public safety is the	12798
chief executive and administrative officer of the department. The	12799
director may establish policies governing the department, the	12800
performance of its employees and officers, the conduct of its	12801
business, and the custody, use, and preservation of departmental	12802
records, papers, books, documents, and property. The director also	12803
may authorize and approve investigations to be conducted by any of	12804
the department's divisions. Whenever the Revised Code imposes a	12805
duty upon or requires an action of the department, the director	12806
may perform the action or duty in the name of the department or	12807
direct such performance to be performed by the director's	12808
designee.	12809

(C) In addition to any other duties enumerated in the Revised	12810
Code, the director or the director's designee shall do all of the	12811
following:	12812

(1) Administer and direct the performance of the duties of	12813
the department;	12814

(2) Pursuant to Chapter 119. of the Revised Code, approve,	12815
adopt, and prescribe such forms and rules as are necessary to	12816
carry out the duties of the department;	12817

(3) On behalf of the department and in addition to any	12818
authority the Revised Code otherwise grants to the department,	12819
have the authority and responsibility for approving and entering	12820
into contracts, agreements, and other business arrangements;	12821

(4) Make appointments for the department as needed to comply	12822
with requirements of the Revised Code;	12823

(5) Approve employment actions of the department, including	12824
appointments, promotions, discipline, investigations, and	12825
terminations;	12826

(6) Accept, hold, and use, for the benefit of the department,	12827
any gift, donation, bequest, or devise, and may agree to and	12828
perform all conditions of the gift, donation, bequest, or devise,	12829
that are not contrary to law;	12830

(7) Apply for, allocate, disburse, and account for grants	12831
made available under federal law or from other federal, state, or	12832
private sources;	12833

(8) Develop a list of disqualifying offenses for licensure as	12834
a private investigator or a security guard provider pursuant to	12835
sections 4749.03, 4749.04, 4749.10, and 4776.10 of the Revised	12836
Code;	12837

(9) Do all other acts necessary or desirable to carry out	12838
this chapter.	12839

(D)(1) The director of public safety may assess a reasonable	12840
fee, plus the amount of any charge or fee passed on from a	12841
financial institution, on a drawer or indorser for each of the	12842
following:	12843

(a) A check, draft, or money order that is returned or	12844
dishonored;	12845

(b) An automatic bank transfer that is declined, due to	12846
insufficient funds or for any other reason;	12847

(c) Any financial transaction device that is returned or	12848
dishonored for any reason.	12849

(2) The director shall deposit any fee collected under this	12850
division in an appropriate fund as determined by the director	12851
based on the tax, fee, or fine being paid.	12852

(3) As used in this division, "financial transaction device"	12853
has the same meaning as in section 113.40 of the Revised Code.	12854

(E) The director shall establish a homeland security advisory	12855
council to advise the director on homeland security, including	12856
homeland security funding efforts. The advisory council shall	12857
include, but not be limited to, state and local government	12858
officials who have homeland security or emergency management	12859
responsibilities and who represent first responders. The director	12860
shall appoint the members of the council, who shall serve without	12861
compensation.	12862

(F) The director of public safety shall adopt rules in	12863
accordance with Chapter 119. of the Revised Code as required by	12864
section 2909.28 of the Revised Code and division (A)(1) of section	12865
2909.32 of the Revised Code. The director shall adopt rules as	12866
required by division (D) of section 2909.32 of the Revised Code,	12867
division (E) of section 2909.33 of the Revised Code, and division	12868
(D) of section 2909.34 of the Revised Code. The director may adopt	12869
rules pursuant to division (A)(2) of section 2909.32 of the	12870
Revised Code, division (A)(2) of section 2909.33 of the Revised	12871
Code, and division (A)(2) of section 2909.34 of the Revised Code.	12872

Sec. 5743.99. (A)(1) Except as provided in division (A)(2)	12873
of this section, whoever violates section 5743.10, 5743.11, or	12874
5743.12 or division (C) of section 5743.54 of the Revised Code is	12875
guilty of a misdemeanor of the first degree. If the offender has	12876
been previously convicted of an offense under this division,	12877
violation is a felony of the fourth degree.	12878

(2) Unless the total number of cigarettes exceeds one	12879
thousand two hundred, an individual who violates section 5743.10	12880
of the Revised Code is guilty of a minor misdemeanor. If the	12881
offender has been previously convicted of an offense under this	12882
division, violation is a misdemeanor of the first degree.	12883

(B) Whoever violates section 5743.111, 5743.112, 5743.13,	12884
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a	12885
felony of the fourth degree. If the offender has been previously	12886
convicted of an offense under this division, violation is a felony	12887
of the second degree.	12888

(C) Whoever violates section 5743.41 or 5743.42 of the	12889
Revised Code is guilty of a misdemeanor of the fourth degree. If	12890
the offender has been previously convicted of an offense under	12891
this division, violation is a misdemeanor of the third degree.	12892

(D) Whoever violates section 5743.21 of the Revised Code is	12893
guilty of a misdemeanor of the first degree. If the offender has	12894
been previously convicted of an offense under this division,	12895
violation is a felony of the fifth degree.	12896

(E) Whoever violates division (F) of section 5743.03 of the	12897
Revised Code is guilty of a misdemeanor of the fourth degree.	12898

(F) Whoever violates any provision of this chapter, or any	12899
rule promulgated by the tax commissioner under authority of this	12900
chapter, for the violation of which no penalty is provided	12901
elsewhere, is guilty of a misdemeanor of the fourth degree.	12902

(G) In addition to any other penalty imposed upon a person	12903
convicted of a violation of section 5743.112 or 5743.60 of the	12904
Revised Code who was the operator of a motor vehicle used in the	12905
violation, the court ~~shall~~may suspend for not less than thirty	12906
days or more than three years the offender's driver's license,	12907
commercial driver's license, temporary instruction permit,	12908
probationary license, or nonresident operating privilege. ~~The~~If	12909
the court imposes such a suspension, the court shall send a copy	12910
of its suspension order and determination to the registrar of	12911
motor vehicles, and the registrar, pursuant to the order and	12912
determination, shall impose a suspension of the same duration. No	12913
judge shall suspend the first thirty days of suspension of an	12914
offender's license, permit, or privilege required by this	12915
division. The court, in lieu of suspending the offender's driver's	12916
or commercial driver's license or permit or nonresident operating	12917
privilege, instead may require the offender to perform community	12918
service for a number of hours determined by the court.	12919

Section 2. That existing sections 109.57, 109.572, 109.578,	12920
307.932, 2151.356, 2152.02, 2152.12, 2152.121, 2152.18, 2152.26,	12921
2152.52, 2152.56, 2152.59, 2301.27, 2301.271, 2705.031, 2907.24,	12922
2913.02, 2921.331, 2923.122, 2925.03, 2925.04, 2925.14, 2925.38,	12923
2929.14, 2929.19, 2929.26, 2929.41, 2947.23, 2949.08, 2951.022,	12924
2953.08, 2953.31, 2953.32, 2953.34, 2953.36, 2961.22, 2967.191,	12925
2967.193, 2967.26, 3119.01, 3119.05, 3123.58, 3772.10, 4301.99,	12926
4501.02, 4503.233, 4503.234, 4507.02, 4507.164, 4509.06, 4509.101,	12927
4510.10, 4510.11, 4510.111, 4510.16, 4510.161, 4510.17, 4510.41,	12928
4510.54, 4513.02, 4513.021, 4513.99, 4713.07, 4713.28, 4725.44,	12929
4725.48, 4725.52, 4725.53, 4738.04, 4738.07, 4740.05, 4740.06,	12930
4740.10, 4747.04, 4747.05, 4747.10, 4747.12, 4749.03, 4749.04,	12931
4749.06, 4776.04, 5111.032, 5111.033, 5111.034, 5120.07, 5149.311,	12932
5502.011, and 5743.99 of the Revised Code are hereby repealed.	12933

Section 3. The Department of Public Safety shall conduct a	12934
study on the advisability and feasibility of there being held in	12935
this state a one-time amnesty program for the payment of fees and	12936
fines owed by persons who have pleaded guilty to or been convicted	12937
of motor vehicle traffic and equipment offenses or have had their	12938
driver's license, commercial driver's license, or temporary	12939
instruction permit suspended for any reason by this state. The	12940
Department may confer with any public or private organization or	12941
entity that the Department determines could be of assistance to	12942
the Department in conducting the study. The Department shall study	12943
all aspects of such a program, including its scope, duration, the	12944
amounts or percentages of fees or fines persons would be permitted	12945
to pay under the program, and which persons would be eligible to	12946
participate in the program.	12947

Not later than six months after the effective date of this	12948
section, the Department shall issue a report containing the	12949
results of the study. The Department shall furnish copies of its	12950
report to the Governor, the Ohio Senate, and the Ohio House of	12951
Representatives.	12952

Section 4. The General Assembly, applying the principle	12953
stated in division (B) of section 1.52 of the Revised Code that	12954
amendments are to be harmonized if reasonably capable of	12955
simultaneous operation, finds that the following sections,	12956
presented in this act as composites of the sections as amended by	12957
the acts indicated, are the resulting versions of the sections in	12958
effect prior to the effective date of the sections as presented in	12959
this act:	12960

Section 149.43 of the Revised Code as amended by both Sub.	12961
H.B. 64 and Am. Sub. H.B. 153 of the 129th General Assembly.	12962

Section 2925.03 of the Revised Code as amended by both Sub.	12963
H.B. 64 and Am. Sub. H.B. 86 of the 129th General Assembly.	12964

Section 4503.234 of the Revised Code as amended by both Sub.	12965
H.B. 241 and Am. Sub. H.B. 461 of the 126th General Assembly.	12966

Section 4507.164 of the Revised Code as amended by both Sub.	12967
H.B. 5 and Am. Sub. H.B. 153 of the 129th General Assembly.	12968

Section 5. The amendment of section 5120.07 of the Revised	12969
Code is not intended to supersede the earlier repeal, with delayed	12970
effective date, of that section.	12971

Section 6. That Section 5 of Am. Sub. H.B. 86 of the 129th	12972
General Assembly be amended to read as follows:	12973

Sec. 5. (A) The Ohio Interagency Task Force on Mental Health	12974
and Juvenile Justice is hereby established to investigate and make	12975
recommendations on how to most effectively treat delinquent youth	12976
who suffer from serious mental illness or emotional and behavioral	12977
disorders, while giving attention to the needs of Ohio's economy.	12978
The Task Force shall consist of the following members:	12979

(1) The Director of Youth Services;

12980

(2) The Director of Mental Health;

12981

(3) The Director of the Governor's Office of Health	12982
Transformation;	12983

(4) The Superintendent of Public Instruction;

12984

(5) A justice of the Supreme Court or a designee appointed by	12985
the justices of the Supreme Court who has experience in juvenile	12986
law or mental health issues;	12987

(6) A designee appointed by the President of the Ohio	12988
Association of Juvenile Court Judges;	12989

(7) A board-certified child and adolescent psychiatrist	12990
appointed by the Director of the Department of Mental Health;	12991

(8) A licensed child and adolescent psychologist appointed by	12992
the President of the State Board of Psychology;	12993

(9) Up to ten members with expertise in child and adolescent	12994
development, mental health, or juvenile justice appointed by the	12995
Governor, including, but not limited to, members representing the	12996
Ohio chapter of the National Alliance on Mental Illness, the Ohio	12997
Federation for Children's Mental Health, an academic research	12998
institution with expertise in juvenile justice and child and	12999
adolescent development, and a provider of children's	13000
community-based mental health services;	13001

(10) Two members of the General Assembly, one from the	13002
majority party and one from the minority party, jointly appointed	13003
by the Speaker of the House of Representatives and the President	13004
of the Senate;	13005

(11) A member of the public jointly appointed by the Speaker	13006
of the House of Representatives and the President of the Senate;	13007

(12) A representative of the Ohio Prosecuting Attorneys	13008
Association designated by the Association;	13009

(13) The State Public Defender;

13010

(14) A representative of the Ohio Judicial Conference.

13011

(B) Members of the Task Force shall be appointed by September	13012
30, 2011. Vacancies on the Task Force shall be filled in the same	13013
manner as the original appointments. Members shall serve without	13014
compensation.	13015

(C) The Governor shall designate the chairperson of the Task	13016
Force. All meetings of the Task Force shall be held at the call of	13017
the chairperson.	13018

(D) The duties of the Task Force shall include all of the	13019
following:	13020

(1) Reviewing the current staff training and protocols and	13021
procedures for treating mentally ill and seriously mentally ill	13022
youth committed to the Department of Youth Services;	13023

(2) Reviewing the current funding, roles, and	13024
responsibilities of the Department of Youth Services, Department	13025
of Mental Health, Department of Education, and other Departments	13026
providing services to youth, as the funding, roles, and	13027
responsibilities pertain to youth with serious mental illness, or	13028
severe emotional and behavioral disorders;	13029

(3) Conducting a review of literature related to the best	13030
practices in the treatment of youth with mental illness and	13031
seriously mentally ill youth who are adjudicated to be a	13032
delinquent child and committed to the Department of Youth	13033
Services;	13034

(4) Investigating mental health treatment models for youth	13035
involved in the juvenile justice system of other states and	13036
jurisdictions, and other relevant data and information, in order	13037
to identify potential model programs, protocols, and best	13038
practices;	13039

(5) Conducting at least one visit to a Department of Youth	13040
Services mental health unit and completing a comprehensive data	13041
review of the mentally ill and seriously mentally ill youth	13042
currently committed to the Department of Youth Services to develop	13043
a profile of such youth currently committed to the Department of	13044
Youth Services.	13045

(E) The members of the Task Force shall make findings and	13046
recommendations, based on the results of the Task Force's duties,	13047
regarding all of the following:	13048

(1) Best practices in the field of treatment for youth with	13049
mental illness or serious mental illness who are involved in the	13050
juvenile justice system;	13051

(2) Guiding principles for the treatment of youth with mental	13052
illness or serious mental illness who are involved in the juvenile	13053
justice system;	13054

(3) The infrastructure, roles, and responsibilities of and	13055
other departments providing services to youth, in relation to	13056
effectively meeting the multiple needs of youth with mental	13057
illness or serious mental illness who are involved in the juvenile	13058
justice system;	13059

(4) Funding strategies that maximize public, private, state,	13060
and federal resources and that create incentives for high	13061
performance and innovative treatment;	13062

(5) Changes to administrative, court, and legislative rules	13063
that would support the recommendations of the Task Force.	13064

The members of the Task Force may make other recommendations	13065
related to effectively treating delinquent youth who suffer from	13066
mental illness and serious mental health illness, including	13067
mentally ill youth who also have special education needs, as	13068
determined to be relevant by the chairperson of the Task Force.	13069

(F) Not later than ~~March 31~~September 30, 2012, the Task	13070
Force shall issue a report of the Task Force's findings and	13071
recommendations to the Governor, the President of the Senate, the	13072
Speaker of the House of Representatives, and the Chief Justice of	13073
the Supreme Court. Upon the issuance of the report by the Task	13074
Force, the Task Force shall cease to exist.	13075

Section 7. That existing Section 5 of Am. Sub. H.B. 86 of	13076
the 129th General Assembly is hereby repealed.	13077

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

Ohio Senate Bill 337 (Prior Session Legislation)

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