REPRESENTATIVES Womer Benjamin, Willamowski, Seitz, Latta, Salerno, Buehrer, Schmidt, D. Miller, R. Miller, Otterman, S. Smith, Patton

To amend sections 9.981, 119.062, 733.40, 1547.11,

1

1547.111, 1547.99, 1901.024, 1901.31, 1905.01,

2

1905.201, 1907.20, 2151.354, 2152.19, 2152.21,

3

2743.191, 2743.51, 2743.52, 2903.04, 2903.06,

4

2903.08, 2907.24, 2919.22, 2921.331, 2923.01,

5

2923.122, 2925.01, 2925.02, 2925.03, 2925.04,

6

2925.05, 2925.06, 2925.11, 2925.12, 2925.13,

7

2925.14, 2925.22, 2925.23, 2925.31, 2925.32,

8

2925.36, 2925.37, 2925.38, 2929.01, 2929.13,

9

2929.14, 2929.15, 2929.16, 2929.17, 2929.18,

10

2929.19, 2929.23, 2929.41, 2935.03, 2935.27,

11

2937.221, 2937.222, 2937.46, 2937.99, 2951.02,

12

2953.31, 2953.36, 3123.55, 3123.58, 3123.59,

13

3123.613, 3123.614, 3327.10, 3793.02, 3793.10,

14

3937.31, 4301.99, 4501.01, 4501.022, 4501.17,

15

4501.19, 4501.25, 4503.033, 4503.05, 4503.061,

16

4503.066, 4503.10, 4503.102, 4503.11, 4503.12,

17

4503.182, 4503.19, 4503.21, 4503.231, 4503.233,

18

4503.234, 4503.236, 4503.28, 4503.30, 4503.301,

19

4503.32, 4503.34, 4503.39, 4503.44, 4503.46,

20

4503.47, 4503.471, 4505.101, 4505.102, 4505.11,

21

4505.111, 4505.15, 4505.17, 4505.18, 4505.19,

22

4505.20, 4505.21, 4505.99, 4506.01, 4506.02,

23

4506.03, 4506.04, 4506.05, 4506.06, 4506.10,

24

4506.11, 4506.12, 4506.14, 4506.15, 4506.16,

25

4506.17, 4506.18, 4506.19, 4506.20, 4506.99,

26

4507.02, 4507.022, 4507.023, 4507.05, 4507.06,

27

4507.061, 4507.071, 4507.08, 4507.081, 4507.111,

28

4507.12, 4507.13, 4507.14, 4507.15, 4507.16,

29

4507.161, 4507.162, 4507.163, 4507.164, 4507.167,

30

4507.168, 4507.169, 4507.1610, 4507.1611,

31

4507.1613, 4507.17, 4507.19, 4507.20, 4507.21,

32

4507.25, 4507.27, 4507.28, 4507.29, 4507.30,

33

4507.31, 4507.321, 4507.33, 4507.34, 4507.35,

34

4507.36, 4507.361, 4507.38, 4507.45, 4507.50,

35

4507.52, 4507.54, 4507.55, 4507.61, 4507.62,

36

4507.63, 4507.99, 4508.03, 4508.04, 4508.06,

37

4509.02, 4509.101, 4509.17, 4509.24, 4509.291,

38

4509.33, 4509.34, 4509.35, 4509.37, 4509.40,

39

4509.42, 4509.45, 4509.74, 4509.77, 4509.78,

40

4509.79, 4509.80, 4509.81, 4511.01, 4511.03,

41

4511.051, 4511.11, 4511.12, 4511.132, 4511.16,

42

4511.17, 4511.18, 4511.19, 4511.191, 4511.192,

43

4511.193, 4511.195, 4511.196, 4511.20, 4511.201,

44

4511.202, 4511.21, 4511.211, 4511.213, 4511.22,

45

4511.23, 4511.25, 4511.251, 4511.26, 4511.27,

46

4511.28, 4511.29, 4511.30, 4511.31, 4511.32,

47

4511.33, 4511.34, 4511.35, 4511.36, 4511.37,

48

4511.38, 4511.39, 4511.40, 4511.41, 4511.42,

49

4511.43, 4511.431, 4511.432, 4511.44, 4511.441,

50

4511.45, 4511.451, 4511.452, 4511.46, 4511.47,

51

4511.48, 4511.481, 4511.49, 4511.50, 4511.51,

52

4511.511, 4511.521, 4511.53, 4511.54, 4511.55,

53

4511.56, 4511.57, 4511.58, 4511.59, 4511.60,

54

4511.61, 4511.62, 4511.63, 4511.64, 4511.66,

55

4511.661, 4511.68, 4511.681, 4511.69, 4511.70,

56

4511.701, 4511.71, 4511.711, 4511.712, 4511.713,

57

4511.72, 4511.73, 4511.74, 4511.75, 4511.751,

58

4511.76, 4511.761, 4511.762, 4511.763, 4511.764,

59

4511.77, 4511.771, 4511.772, 4511.78, 4511.79,

60

4511.81, 4511.82, 4511.84, 4511.85, 4511.951,

61

4511.99, 4513.02, 4513.021, 4513.022, 4513.03,

62

4513.04, 4513.05, 4513.06, 4513.07, 4513.071,

63

4513.09, 4513.10, 4513.11, 4513.111, 4513.12,

64

4513.13, 4513.14, 4513.15, 4513.16, 4513.17,

65

4513.171, 4513.18, 4513.182, 4513.19, 4513.20,

66

4513.201, 4513.202, 4513.21, 4513.22, 4513.23,

67

4513.24, 4513.241, 4513.242, 4513.25, 4513.26,

68

4513.261, 4513.262, 4513.263, 4513.27, 4513.28,

69

4513.29, 4513.30, 4513.31, 4513.32, 4513.34,

70

4513.36, 4513.361, 4513.51, 4513.60, 4513.64,

71

4513.65, 4513.99, 4517.02, 4517.03, 4517.19,

72

4517.20, 4517.21, 4517.22, 4517.23, 4517.24,

73

4517.25, 4517.26, 4517.27, 4517.40, 4517.41,

74

4517.42, 4517.43, 4517.44, 4517.45, 4517.64,

75

4517.99, 4519.02, 4519.05, 4519.06, 4519.20,

76

4519.22, 4519.40, 4519.41, 4519.44, 4519.45,

77

4519.52, 4519.66, 4519.67, 4549.01, 4549.02,

78

4549.021, 4549.03, 4549.042, 4549.08, 4549.10,

79

4549.11, 4549.12, 4549.18, 4549.42, 4549.43,

80

4549.44, 4549.45, 4549.451, 4549.46, 4549.62,

81

4551.04, 4561.11, 4561.12, 4561.14, 4561.15,

82

4561.22, 4561.24, 4561.31, 4561.99, 4563.09,

83

4563.10, 4563.20, 4582.06, 4582.31, 4582.59,

84

4583.01, 5120.032, 5120.033, 5120.161, 5503.22, and

85

5743.99; to amend, for the purpose of adopting new

86

section numbers as indicated in parentheses,

87

sections 4507.022 (4510.038), 4507.061 (4510.32),

88

4507.161 (4510.23), 4507.162 (4510.31), 4507.163

89

(4510.33), 4507.167 (4510.34), 4507.168 (4510.22),

90

4507.169 (4510.17), 4507.1610 (4510.06), 4507.1611

91

(4510.05), 4507.1613 (4510.07), 4507.25 (4501.34),

92

4507.26 (4501.351), 4507.27 (4501.36), 4507.28

93

(4501.37), 4507.29 (4501.38), 4507.33 (4511.203),

94

4507.34 (4510.15), 4507.361 (4510.161), 4507.38

95

(4510.41), 4507.54 (4510.52), 4507.55 (4510.53),

96

4507.60 (4510.61), 4507.61 (4510.62), 4507.62

97

(4510.63), 4507.63 (4510.64), 4511.95 (4510.71),

98

and 4511.951 (4510.72); to enact sections 4508.091,

99

4510.01, 4510.02, 4510.021, 4510.03, 4510.031,

100

4510.032, 4510.034, 4510.035, 4510.036, 4510.037,

101

4510.04, 4510.10, 4510.11, 4510.12, 4510.13,

102

4510.14, 4510.16, 4510.21, 4510.311, 4510.43,

103

4510.44, 4510.54, 4511.181, 4511.194, 4511.197, and

104

4549.52; to repeal sections 3123.611, 4503.235,

105

4503.99, 4507.012, 4507.021, 4507.165, 4507.166,

106

4507.18, 4508.99, 4509.105, 4509.31, 4509.32,

107

4509.99, 4511.83, 4511.991, 4519.99, 4549.99,

108

4551.99, 4563.99, 4582.99, and 4583.99 of the

109

Revised Code to adopt, effective January 1, 2003,

110

the Ohio Criminal Sentencing Commission's Traffic

111

Proposals, with modifications, and related changes

112

in the traffic laws.

113

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

Section 1.  That sections 9.981, 119.062, 733.40, 1547.11,	114
1547.111, 1547.99, 1901.024, 1901.31, 1905.01, 1905.201, 1907.20,	115
2151.354, 2152.19, 2152.21, 2743.191, 2743.51, 2743.52, 2903.04,	116
2903.06, 2903.08, 2907.24, 2919.22, 2921.331, 2923.01, 2923.122,	117
2925.01, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11,	118
2925.12, 2925.13, 2925.14, 2925.22, 2925.23, 2925.31, 2925.32,	119
2925.36, 2925.37, 2925.38, 2929.01, 2929.13, 2929.14, 2929.15,	120
2929.16, 2929.17, 2929.18, 2929.19, 2929.23, 2929.41, 2935.03,	121
2935.27, 2937.221, 2937.222, 2937.46, 2937.99, 2951.02, 2953.31,	122
2953.36, 3123.55, 3123.58, 3123.59, 3123.613, 3123.614, 3327.10,	123
3793.02, 3793.10, 3937.31, 4301.99, 4501.01, 4501.022, 4501.17,	124
4501.19, 4501.25, 4503.033, 4503.05, 4503.061, 4503.066, 4503.10,	125
4503.102, 4503.11, 4503.12, 4503.182, 4503.19, 4503.21, 4503.231,	126
4503.233, 4503.234, 4503.236, 4503.28, 4503.30, 4503.301, 4503.32,	127
4503.34, 4503.39, 4503.44, 4503.46, 4503.47, 4503.471, 4505.101,	128
4505.102, 4505.11, 4505.111, 4505.15, 4505.17, 4505.18, 4505.19,	129
4505.20, 4505.21, 4505.99, 4506.01, 4506.02, 4506.03, 4506.04,	130
4506.05, 4506.06, 4506.10, 4506.11, 4506.12, 4506.14, 4506.15,	131
4506.16, 4506.17, 4506.18, 4506.19, 4506.20, 4506.99, 4507.02,	132
4507.022, 4507.023, 4507.05, 4507.06, 4507.061, 4507.071, 4507.08,	133
4507.081, 4507.111, 4507.12, 4507.13, 4507.14, 4507.15, 4507.16,	134
4507.161, 4507.162, 4507.163, 4507.164, 4507.167, 4507.168,	135
4507.169, 4507.1610, 4507.1611, 4507.1613, 4507.17, 4507.19,	136
4507.20, 4507.21, 4507.25, 4507.27, 4507.28, 4507.29, 4507.30,	137
4507.31, 4507.321, 4507.33, 4507.34, 4507.35, 4507.36, 4507.361,	138
4507.38, 4507.45, 4507.50, 4507.52, 4507.54, 4507.55, 4507.61,	139
4507.62, 4507.63, 4507.99, 4508.03, 4508.04, 4508.06, 4509.02,	140
4509.101, 4509.17, 4509.24, 4509.291, 4509.33, 4509.34, 4509.35,	141
4509.37, 4509.40, 4509.42, 4509.45, 4509.74, 4509.77, 4509.78,	142
4509.79, 4509.80, 4509.81, 4511.01, 4511.03, 4511.051, 4511.11,	143
4511.12, 4511.132, 4511.16, 4511.17, 4511.18, 4511.19, 4511.191,	144
4511.192, 4511.193, 4511.195, 4511.196, 4511.20, 4511.201,	145
4511.202, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25,	146
4511.251, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31,	147
4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38,	148
4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432,	149
4511.44, 4511.441, 4511.45, 4511.451, 4511.452, 4511.46, 4511.47,	150
4511.48, 4511.481, 4511.49, 4511.50, 4511.51, 4511.511, 4511.521,	151
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	152
4511.60, 4511.61, 4511.62, 4511.63, 4511.64, 4511.66, 4511.661,	153
4511.68, 4511.681, 4511.69, 4511.70, 4511.701, 4511.71, 4511.711,	154
4511.712, 4511.713, 4511.72, 4511.73, 4511.74, 4511.75, 4511.751,	155
4511.76, 4511.761, 4511.762, 4511.763, 4511.764, 4511.77,	156
4511.771, 4511.772, 4511.78, 4511.79, 4511.81, 4511.82, 4511.84,	157
4511.85, 4511.951, 4511.99, 4513.02, 4513.021, 4513.022, 4513.03,	158
4513.04, 4513.05, 4513.06, 4513.07, 4513.071, 4513.09, 4513.10,	159
4513.11, 4513.111, 4513.12, 4513.13, 4513.14, 4513.15, 4513.16,	160
4513.17, 4513.171, 4513.18, 4513.182, 4513.19, 4513.20, 4513.201,	161
4513.202, 4513.21, 4513.22, 4513.23, 4513.24, 4513.241, 4513.242,	162
4513.25, 4513.26, 4513.261, 4513.262, 4513.263, 4513.27, 4513.28,	163
4513.29, 4513.30, 4513.31, 4513.32, 4513.34, 4513.36, 4513.361,	164
4513.51, 4513.60, 4513.64, 4513.65, 4513.99, 4517.02, 4517.03,	165
4517.19, 4517.20, 4517.21, 4517.22, 4517.23, 4517.24, 4517.25,	166
4517.26, 4517.27, 4517.40, 4517.41, 4517.42, 4517.43, 4517.44,	167
4517.45, 4517.64, 4517.99, 4519.02, 4519.05, 4519.06, 4519.20,	168
4519.22, 4519.40, 4519.41, 4519.44, 4519.45, 4519.52, 4519.66,	169
4519.67, 4549.01, 4549.02, 4549.021, 4549.03, 4549.042, 4549.08,	170
4549.10, 4549.11, 4549.12, 4549.18, 4549.42, 4549.43, 4549.44,	171
4549.45, 4549.451, 4549.46, 4549.62, 4551.04, 4561.11, 4561.12,	172
4561.14, 4561.15, 4561.22, 4561.24, 4561.31, 4561.99, 4563.09,	173
4563.10, 4563.20, 4582.06, 4582.31, 4582.59, 4583.01, 5120.032,	174
5120.033, 5120.161, 5503.22, and 5743.99 be amended; sections	175
4507.022 (4510.038), 4507.061 (4510.32), 4507.161 (4510.23),	176
4507.162 (4510.31), 4507.163 (4510.33), 4507.167 (4510.34),	177
4507.168 (4510.22), 4507.169 (4510.17), 4507.1610 (4510.06),	178
4507.1611 (4510.05), 4507.1613 (4510.07), 4507.25 (4501.34),	179
4507.26 (4501.351), 4507.27 (4501.36), 4507.28 (4501.37), 4507.29	180
(4501.38), 4507.33 (4511.203), 4507.34 (4510.15), 4507.361	181
(4510.161), 4507.38 (4510.41), 4507.54 (4510.52), 4507.55	182
(4510.53), 4507.60 (4510.61), 4507.61 (4510.62), 4507.62	183
(4510.63), 4507.63 (4510.64), 4511.95 (4510.71), and 4511.951	184
(4510.72) be amended for the purpose of adopting new section	185
numbers as indicated in parentheses; and sections 4508.091,	186
4510.01, 4510.02, 4510.021, 4510.03, 4510.031, 4510.032, 4510.034,	187
4510.035, 4510.036, 4510.037, 4510.04, 4510.10, 4510.11, 4510.12,	188
4510.13, 4510.14, 4510.16, 4510.21, 4510.311, 4510.43, 4510.44,	189
4510.54, 4511.181, 4511.194, 4511.197, and 4549.52 of the Revised	190
Code be enacted to read as follows:	191

Sec. 9.981.  (A) Sections 9.98 to 9.983 of the Revised Code	192
are applicable to bonds:	193

(1) The payment of the debt service on which is to be	194
provided for directly or indirectly by payments contracted to be	195
made in the bond proceedings by the absolute obligors, being	196
persons other than the issuer; and	197

(2) Which are authorized to be issued under sections 122.39	198
to 122.62, Chapter 165., 902., 3377., 3706., division (D)(A)(4) of	199
section 4582.06, division (H)(A)(8) of section 4582.31, section	200
4582.48, or Chapter 6121. or 6123. of the Revised Code,	201
notwithstanding other provisions therein.	202

(B) Sections 9.98 to 9.983 of the Revised Code are	203
applicable to bonds issued under Chapters 140., 152., 154., 175.,	204
and 349. of the Revised Code, and to any bonds authorized under	205
laws which expressly make those sections applicable.	206

(C) Subject to division (A) of this section, the authority	207
provided in sections 9.98 to 9.983 of the Revised Code is	208
supplemental to and not in derogation of any similar authority	209
provided by, derived from, or implied by, any law, the Ohio	210
Constitution, or any charter, resolution, or ordinance, and no	211
inference shall be drawn to negate the authority thereunder by	212
reason of the express provisions of sections 9.98 to 9.983 of the	213
Revised Code.	214

(D) Sections 9.98 to 9.983 of the Revised Code shall be	215
liberally construed to permit flexibility in the arrangements	216
therein provided to enhance the issuance of such bonds and provide	217
for terms most beneficial and satisfactory to the persons which	218
undertake to provide for their payment, security, and liquidity.	219

Sec. 119.062.  (A) Notwithstanding section 119.06 of the	220
Revised Code, the registrar of motor vehicles is not required to	221
hold any hearing in connection with an order revokingcanceling or	222
suspending a motor vehicle driver's or commercial driver's license	223
pursuant to section 4507.16, 4509.24, 4509.291, 4509.31, 4509.33,	224
4509.37, 4509.39, 4509.42, 4509.66, 4511.191, or 4511.1962903.06,	225
2903.08, 2907.24, 2921.331, 4549.02, 4549.021,or5743.99or any	226
provision of Chapter 2925., 4509., 4510., or4511. of the Revised	227
Code or in connection with an out-of-service order issued under	228
Chapter 4506. of the Revised Code.	229

(B) Notwithstanding section 119.07 of the Revised Code, the	230
registrar is not required to use registered mail, return receipt	231
requested, in connection with an order revokingcanceling or	232
suspending a motor vehicle driver's or commercial driver's	233
license, or a notification to a person to surrender a certificate	234
of registration and registration plates.	235

Sec. 733.40.  Except as otherwise provided in section	236
4511.193 of the Revised Code, all fines, forfeitures, and costs in	237
ordinance cases and all fees that are collected by the mayor, or	238
whichthat in any manner come into histhe mayor's hands, or which	239
that are due suchthe mayor or a marshal, chief of police, or	240
other officer of the municipal corporation, any other fees and	241
expenses whichthat have been advanced out of the treasury of the	242
municipal corporation, and all money received by suchthe mayor	243
for the use of suchthe municipal corporation, shall be paid by	244
himthe mayor into suchthe treasury of the municipal corporation	245
on the first Monday of each month. At the first regular meeting	246
of the legislative authority each month, the mayor shall submit a	247
full statement of all money received, from whom and for what	248
purposes received, and when paid into the treasury. Except as	249
otherwise provided by sections 3375.50 to 3375.52 or 4511.99	250
4511.19 of the Revised Code, all fines, and forfeitures collected	251
by the mayor in state cases, together with all fees and expenses	252
collected whichthat have been advanced out of the county	253
treasury, shall be paid by himthe mayor to the county treasury on	254
the first business day of each month. Except as otherwise	255
provided by sections 3375.50 to 3375.52 or 4511.994511.19 of the	256
Revised Code, the mayor shall pay all court costs and fees	257
collected by the mayor in state cases shall be paid by him into	258
the municipal treasury on the first business day of each month.	259

This section does not apply to fines collected by a mayor's	260
court for violations of division (B) of section 4513.263 of the	261
Revised Code, or for violations of any municipal ordinance that is	262
substantively comparable to that division, all of which shall be	263
forwarded to the treasurer of state as provided in division (E) of	264
section 4513.263 of the Revised Code.	265

Sec. 1547.11.  (A) No person shall operate or be in physical	266
control of any vessel underway or shall manipulate any water skis,	267
aquaplane, or similar device on the waters in this state if,at	268
the time of the operation, control, or manipulation, any of the	269
following applies:	270

(1) The person is under the influence of alcohol or, a drug	271
of abuse, or the combined influence of alcohol and a drug of	272
abuse;a combination of them.	273

(2) The person has a concentration of ten-hundredths of one	274
per cent or more by weight of alcohol per unit volume in the	275
person's whole blood;.	276

(3) The person has a concentration of twelve-hundredths of	277
one per cent or more by weight per unit volume of alcohol in the	278
person's blood serum or plasma.	279

(4) The person has a concentration of fourteen-hundredths of	280
one gram or more by weight of alcohol per one hundred milliliters	281
of the person's urine;.	282

(4)(5) The person has a concentration of ten-hundredths of	283
one gram or more by weight of alcohol per two hundred ten liters	284
of the person's breath.	285

(B) No person under twenty-one years of age shall operate or	286
be in physical control of any vessel underway or shall manipulate	287
any water skis, aquaplane, or similar device on the waters in this	288
state if,at the time of the operation, control, or manipulation,	289
any of the following applies:	290

(1) The person has a concentration of at least	291
two-hundredths of one per cent, but less than ten-hundredths of	292
one per cent by weight per unit volume of alcohol in the person's	293
whole blood;.	294

(2) The person has a concentration of at least	295
three-hundredths of one per cent but less than twelve-hundredths	296
of one per cent by weight per unit volume of alcohol in the	297
person's blood serum or plasma.	298

(3) The person has a concentration of at least twenty-eight	299
one-thousandths of one gram, but less than fourteen-hundredths of	300
one gram by weight of alcohol per one hundred milliliters of the	301
person's urine;.	302

(3)(4) The person has a concentration of at least	303
two-hundredths of one gram, but less than ten-hundredths of one	304
gram by weight of alcohol per two hundred ten liters of the	305
person's breath.	306

(C) In any proceeding arising out of one incident, a person	307
may be charged with a violation of division (A)(1) and a violation	308
of division (B)(1), (2), or (3),or(4) of this section, but the	309
person shall not be convicted of more than one violation of those	310
divisions.	311

(D)(1) In any criminal prosecution or juvenile court	312
proceeding for a violation of this section or of an ordinance of	313
any municipal corporation relating to operating a vessel or using	314
any water skis, aquaplane, or similar device while under the	315
influence of alcohol or a drug of abusefor an equivalent	316
violation, the court may admit evidence on the concentration of	317
alcohol or a drug,drugs of abuse,or a combination of them in the	318
defendant's or child's whole blood, blood serum or plasma, urine,	319
or breath at the time of the alleged violation as shown by	320
chemical analysis of the defendant's blood, urine, or breath	321
substance withdrawn, or specimen taken within two hours of the	322
time of the alleged violation.	323

When a person submits to a blood test, only a physician, a	324
registered nurse, or a qualified technician or, chemist,or	325
phlebotomist shall withdraw blood for the purpose of determining	326
itsthe alcohol or, drug of abuse,or alcohol and drug content of	327
the whole blood, blood serum, or blood plasma. This limitation	328
does not apply to the taking of breath or urine specimens. A	329
physician, registered nurse, or qualified technician or chemist	330
person authorized to withdraw blood under this division may refuse	331
to withdraw blood for the purpose of determining its alcohol or	332
drug of abuse contentunder this division if, in thethat person's	333
opinion of the physician, nurse, or technician or chemist, the	334
physical welfare of the persondefendant or child would be	335
endangered by the withdrawing of blood.	336

The whole blood, blood serum or plasma, urine, or breath	337
shall be analyzed in accordance with methods approved by the	338
director of health by an individual possessing a valid permit	339
issued by the director pursuant to section 3701.143 of the Revised	340
Code.	341

If(2)In a criminal prosecution or juvenile court proceeding	342
for a violation of division (A) of this section or for a violation	343
of a prohibition that is substantially equivalent to division (A)	344
of this section, if there was at the time the whole blood, blood	345
serum or plasma, urine, or breath was taken a concentration of	346
less than ten-hundredths of one per cent by weight of alcohol in	347
the defendant's blood, less than fourteen-hundredths of one gram	348
by weight of alcohol per one hundred milliters of the defendant's	349
urine, or less than ten-hundredths of one gram by weight of	350
alcohol per two hundred ten liters of the defendant's breaththe	351
applicable concentration of alcohol specified for a violation of	352
division (A)(2), (3), (4), or (5) of this section, that fact may	353
be considered with other competent evidence in determining the	354
guilt or innocence of the defendant or in making an adjudication	355
for the child. This division does not limit or affect a criminal	356
prosecution or juvenile court proceeding for a violation of	357
division (B) of this section or for a violation of a prohibition	358
that is substantially equivalent to that division.	359

(3) Upon the request of the person who was tested, the	360
results of the chemical test shall be made available to the person	361
or the person's attorney or agent immediately upon the completion	362
of the test analysis.	363

The person tested may have a physician, a registered nurse,	364
or a qualified technician or, chemist,or phlebotomist of the	365
person's own choosing administer a chemical test or tests in	366
addition to any administered at the direction of a law enforcement	367
officer, and shall be so advised. The failure or inability to	368
obtain an additional test by a person shall not preclude the	369
admission of evidence relating to the test or tests taken at the	370
direction of a law enforcement officer.	371

A(E)(1)Subject to division (E)(3) of this section, in any	372
criminal prosecution or juvenile court proceeding for a violation	373
of this section or for an equivalent violation, the court shall	374
admit as prima-facie evidence a laboratory report from any	375
forensic laboratory certified by the department of health that	376
contains an analysis of the whole blood, blood serum or plasma,	377
breath, urine, or other bodily substance tested and that contains	378
all of the information specified in this division. The laboratory	379
report shall contain all of the following:	380

(a) The signature, under oath, of any person who performed	381
the analysis;	382

(b) Any findings as to the identity and quantity of alcohol,	383
a drug of abuse, or a combination of them that was found;	384

(c) A copy of a notarized statement by the laboratory	385
director or a designee of the director that contains the name of	386
each certified analyst or test performer involved with the report,	387
the analyst's or test performer's employment relationship with the	388
laboratory that issued the report, and a notation that performing	389
an analysis of the type involved is part of the analyst's or test	390
performer's regular duties;	391

(d) An outline of the analyst's or test performer's	392
education, training, and experience in performing the type of	393
analysis involved and a certification that the laboratory	394
satisfies appropriate quality control standards in general and, in	395
this particular analysis, under rules of the department of health.	396

(2) Notwithstanding any other provision of law regarding the	397
admission of evidence, a report of the type described in division	398
(E)(1) of this section is not admissible against the defendant or	399
child to whom it pertains in any proceeding, other than a	400
preliminary hearing or a grand jury proceeding, unless the	401
prosecutor has served a copy of the report on the defendant's or	402
child's attorney or, if the defendant or child has no attorney, on	403
the defendant or child.	404

(3) A report of the type described in division (E)(1) of	405
this section shall not be prima-facie evidence of the contents,	406
identity, or amount of any substance if, within seven days after	407
the defendant or child to whom the report pertains or the	408
defendant's or child's attorney receives a copy of the report, the	409
defendant or child or the defendant's or child's attorney demands	410
the testimony of the person who signed the report. The judge in	411
the case may extend the seven-day time limit in the interest of	412
justice.	413

(F) Except as otherwise provided in this division, any	414
physician, registered nurse, or qualified technician or, chemist,	415
or phlebotomist who withdraws blood from a person pursuant to this	416
section, and a hospital, first-aid station, or clinic at which	417
blood is withdrawn from a person pursuant to this section, is	418
immune from criminal liability, and from civil liability that is	419
based upon a claim of assault and battery or based upon any other	420
claim that is not in the nature of a claim of malpractice, for any	421
act performed in withdrawing blood from the person. The immunity	422
provided in this division is not available to a person who	423
withdraws blood if the person engages in willful or wanton	424
misconduct.	425

(E) For the purposes of(G)As used in this section,	426
"operateand section 1547.111 of the Revised Code:	427

(1) "Equivalent violation" means a violation of a municipal	428
ordinance, law of another state, or law of the United States that	429
is substantially equivalent to division (A) or (B) of this	430
section.	431

(2) "Operate" means that a vessel is being used on the waters	432
in this state when the vessel is not securely affixed to a dock or	433
to shore or to any permanent structure to which the vessel has the	434
right to affix or that a vessel is not anchored in a designated	435
anchorage area or boat camping area that is established by the	436
United States coast guard, this state, or a political subdivision	437
and in which the vessel has the right to anchor.	438

Sec. 1547.111.  (A)(1) Any person who operates or is in	439
physical control of a vessel or uses any water skis, aquaplane, or	440
similar device upon any waters in this state shall be deemed to	441
have given consent to a chemical test or tests of the person's	442
blood, breath, or urine for the purpose of determining itsto	443
determine the alcohol or, drug of abuse,or alcohol and drug of	444
abuse content of the person's whole blood, blood serum or plasma,	445
breath, or urine if arrested for the offense of operating or being	446
in physical control of a vessel or usingmanipulating any water	447
skis, aquaplane, or similar device in violation of section 1547.11	448
of the Revised Code or a substantially equivalent municipal	449
ordinance. The	450

(2)The test or tests under division (A) of this section	451
shall be administered at the direction of a law enforcement	452
officer having reasonable grounds to believe the person to have	453
beenwas operating or in physical control of a vessel or using	454
manipulating any water skis, aquaplane, or similar device in	455
violation of section 1547.11 of the Revised Code or a	456
substantially equivalent municipal ordinance. The law enforcement	457
agency by which the officer is employed shall designate which of	458
thetest or tests shall be administered.	459

(B) Any person who is dead,or unconscious, or who otherwise	460
is in a condition rendering the person incapable of refusal shall	461
be deemed not to have withdrawn consentconsented as provided by	462
in division (A)(1) of this section, and the test or tests may be	463
administered, subject to sections 313.12 to 313.16 of the Revised	464
Code.	465

(C) Any person under arrest for the offense of operating a	466
vessel or using any water skis, aquaplane, or similar device in	467
violation ofviolating section 1547.11 of the Revised Code or a	468
substantially equivalent municipal ordinance shall be advised of	469
the consequences of refusing to submit to a chemical test or tests	470
designated by the law enforcement agency as provided in division	471
(A) of this section. The advice shall be in a written form	472
prescribed by the chief of the division of watercraft and shall be	473
read to the person. The form shall contain a statement that the	474
form was shown to the person under arrest and read to the person	475
in the presence ofby the arresting officer and either another law	476
enforcement officer, a civilian law enforcement employee, or an	477
employee of a hospital, first-aid station, or clinic, if any, to	478
which the person has been taken for first-aid or medical	479
treatment. The reading of the form shall be witnessed by one or	480
more persons, and the witnesses shall certify to this fact by	481
signing the form.	482

(D) If a law enforcement officer asks a person under arrest	483
for the offense of operating a vessel or using any water skis,	484
aquaplane, or similar device in violation ofviolating section	485
1547.11 of the Revised Code refuses upon the request of a law	486
enforcement officeror a substantially equivalent municipal	487
ordinance to submit to a chemical test designated by the law	488
enforcement agencyor tests as provided in division (A) of this	489
section, after first having been advisedif the arresting officer	490
advises the person of the consequences of the person's refusal as	491
provided in division (C) of this section, and if the person	492
refuses to submit, no chemical test shall be given, but the chief,	493
upon.Upon receipt of a sworn statement of the law enforcement	494
officer that the arresting law enforcement officer had reasonable	495
grounds to believe the arrested person had been operating a vessel	496
or using any water skis, aquaplane, or similar device while under	497
the influence of alcohol or a drug of abuse, under the combined	498
influence of alcohol and a drug of abuse, or with a prohibited	499
concentration of alcohol in the person's blood, urine, or breath,	500
violated section 1547.11 of the Revised Code or a substantially	501
equivalent municipal ordinance and that the person refused to	502
submit to the chemical test upon the request of the law	503
enforcement officer, and upon receipt of the form as provided in	504
division (C) of this section certifying that the arrested person	505
was advised of the consequences of the refusal, the chief of the	506
division of watercraft shall inform the person by written notice	507
that the person is prohibited from operating or being in physical	508
control of a vessel or,from using any water skis, aquaplane, or	509
similar device, and is prohibited from registering any watercraft	510
in accordance with section 1547.54 of the Revised Code, for one	511
year following the date of the alleged violation of section	512
1547.11 of the Revised Code. The suspension of these operation,	513
physical control, use, and registration privileges shall continue	514
for the entire one-year period, subject to review as provided in	515
this section.	516

If the person under arrest is the owner of the vessel	517
involved in the alleged violation, the law enforcement officer who	518
arrested the person shall seize the watercraft registration	519
certificate and tags from the vessel involved in the violation and	520
forward them to the chief. The chief, in addition to informing	521
the person by written notice that the person is prohibited from	522
operating a vessel or using any water skis, aquaplane, or similar	523
device, and from registering any watercraft in accordance with	524
section 1547.54 of the Revised Code, for one year following the	525
date of the alleged violation, shall retain the impounded	526
registration certificate and tags, and shall impound all other	527
registration certificates and tags issued to the person in	528
accordance with sections 1547.54 and 1547.57 of the Revised Code,	529
for a period of one year following the date of the alleged	530
violation, subject to review as provided in this section.	531

If the arrested person fails to surrender the registration	532
certificate because it is not on the person of the arrested person	533
or in the watercraft, the law enforcement officer who made the	534
arrest shall order the person to surrender it within twenty-four	535
hours to the law enforcement officer or the law enforcement agency	536
that employs the law enforcement officer. If the person fails to	537
do so, the law enforcement officer shall notify the chief of that	538
fact in the statement the officer submits to the chief under this	539
division.	540

(E) Upon suspending a person's operation, physical control,	541
use, and registration privileges in accordance with division (D)	542
of this section, the chief shall notify the person in writing, at	543
the person's last known address, and inform the person that the	544
person may petition for a hearing in accordance with division (F)	545
of this section. If a person whose operation, physical control,	546
use, and registration privileges have been suspended petitions for	547
a hearing or appeals any adverse decision that is adverse to the	548
person, the suspension of privileges shall begin at the	549
termination of any hearing or appeal unless the hearing or appeal	550
resultedresults in a decision favorable to the person.	551

(F) Any person who has been notified by the chief that the	552
person is prohibited from operating or being in physical control	553
of a vessel or using any water skis, aquaplane, or similar device	554
and from registering any watercraft in accordance with section	555
1547.54 of the Revised Code, or who has had the registration	556
certificate and tags of the person's watercraft impounded pursuant	557
to division (D) of this section, within twenty days of the	558
notification or impoundment, may file a petition in the municipal	559
court or the county court, or if the person is a minor in juvenile	560
court, in whosewith jurisdiction over the place at which the	561
arrest occurred, agreeing to pay the cost of the proceedings and	562
alleging error in the action taken by the chief under division (D)	563
of this section or alleging one or more of the matters within the	564
scope of the hearing as provided in this section, or both. The	565
petitioner shall notify the chief of the filing of the petition	566
and send the chief a copy of the petition.	567

The scope of the hearing is limited to the issues of whether	568
the law enforcement officer had reasonable grounds to believe the	569
petitioner was operating or in physical control of a vessel or	570
usingmanipulating any water skis, aquaplane, or similar device	571
while under the influence of alcohol or a drug of abuse, under the	572
combined influence of alcohol and a drug of abuse, or with a	573
prohibited concentration of alcohol or a drug of abuse in the	574
person's blood, urine, or breathin violation of section 1547.11	575
of the Revised Code or a substantially equivalent municipal	576
ordinance, whether the petitioner was placed under arrest, whether	577
the petitioner refused to submit to the chemical test upon request	578
of the officer, and whether the petitioner was advised of the	579
consequences of the petitioner's refusal.	580

(G)(1) The chief shall furnish the court a copy of the	581
affidavit as provided in division (C) of this section and any	582
other relevant information requested by the court.	583

(2) In hearing the matter and in determining whether the	584
person has shown error in the decision taken by the chief as	585
provided in division (D) of this section, the court shall decide	586
the issue upon the relevant, competent, and material evidence	587
submitted by the chief or the person whose operation, physical	588
control, use, and registration privileges have been suspended.	589

In the proceedings, the chief shall be represented by the	590
prosecuting attorney of the county in which the petition is filed	591
if the petition is filed in a county court or juvenile court,	592
except that if the arrest occurred within a city or village within	593
the jurisdiction of the county court in which the petition is	594
filed, the city director of law or village solicitor of that city	595
or village shall represent the chief. If the petition is filed in	596
the municipal court, the chief shall be represented as provided in	597
section 1901.34 of the Revised Code.	598

(3) If the court finds from the evidence submitted that the	599
person has failed to show error in the action taken by the chief	600
under division (D) of this section or in one or more of the	601
matters within the scope of the hearing as provided in division	602
(F) of this section, or both, the court shall assess the cost of	603
the proceeding against the person and shall uphold the suspension	604
of the operation, physical control, use, and registration	605
privileges provided in division (D) of this section. If the court	606
finds that the person has shown error in the action taken by the	607
chief under division (D) of this section or in one or more of the	608
matters within the scope of the hearing as provided in division	609
(F) of this section, or both, the cost of the proceedings shall be	610
paid out of the county treasury of the county in which the	611
proceedings were held, the chief shall reinstate the operation,	612
physical control, use, and registration privileges of the person	613
shall be reinstated without charge, and the chief shall return the	614
registration certificate and tags, if impounded, shall be returned	615
without charge.	616

(4) The court shall give information in writing of any	617
action taken under this section to the chief.	618

(H) At the end of any period of suspension or impoundment	619
imposed under this section, and upon request of the person whose	620
operation, physical control, use, and registration privileges were	621
suspended or whose registration certificate and tags were	622
impounded, the chief shall reinstate the person's operation,	623
physical control, use, and registration privileges by written	624
notice and return the certificate and tags.	625

(I) No person who has received written notice from the chief	626
that the person is prohibited from operating or being in physical	627
control of a vessel or,from using any water skis, aquaplane, or	628
similar device, and from registering a watercraft, or who has had	629
the registration certificate and tags of the person's watercraft	630
impounded, in accordance with division (D) of this section, shall	631
operate or be in physical control of a vessel or use any water	632
skis, aquaplane, or similar device for a period of one year	633
following the date of the person's alleged violation of section	634
1547.11 of the Revised Code or the substantially equivalent	635
municipal ordinance.	636

Sec. 1547.99.  (A) Whoever violates section 1547.91 of the	637
Revised Code is guilty of a felony of the fourth degree.	638

(B) Whoever violates section 1547.10, division (I) of	639
section 1547.111, section 1547.13, or section 1547.66 of the	640
Revised Code is guilty of a misdemeanor of the first degree.	641

(C) Whoever violates a provision of this chapter or a rule	642
adopted thereunder, for which no penalty is otherwise provided, is	643
guilty of a minor misdemeanor.	644

(D) Whoever violates section 1547.07 or 1547.12 of the	645
Revised Code without causing injury to persons or damage to	646
property is guilty of a misdemeanor of the fourth degree.	647

(E) Whoever violates section 1547.07 or 1547.12 of the	648
Revised Code causing injury to persons or damage to property is	649
guilty of a misdemeanor of the third degree.	650

(F) Whoever violates division (M) of section 1547.54,	651
division (G) of section 1547.30, or section 1547.131, 1547.25,	652
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92	653
of the Revised Code or a rule adopted under division (A)(2) of	654
section 1547.52 of the Revised Code is guilty of a misdemeanor of	655
the fourth degree.	656

(G) Whoever violates section 1547.11 of the Revised Code is	657
guilty of a misdemeanor of the first degree and shall be punished	658
as provided in division (G)(1), (2), or (3) of this section.	659

(1) Except as otherwise provided in division (G)(2) or (3)	660
of this section, the court shall sentence the offender to a term	661
of imprisonment of three consecutive days and may sentence the	662
offender pursuant to section 2929.21 of the Revised Code to a	663
longer term of imprisonment. In addition, the court shall impose	664
upon the offender a fine of not less than one hundred fifty nor	665
more than one thousand dollars.	666

The court may suspend the execution of the mandatory three	667
consecutive days of imprisonment that it is required to impose by	668
division (G)(1) of this section if the court, in lieu of the	669
suspended term of imprisonment, places the offender on probation	670
and requires the offender to attend, for three consecutive days, a	671
drivers' intervention program that is certified pursuant to	672
section 3793.10 of the Revised Code. The court also may suspend	673
the execution of any part of the mandatory three consecutive days	674
of imprisonment that it is required to impose by division (G)(1)	675
of this section if the court places the offender on probation for	676
part of the three consecutive days; requires the offender to	677
attend, for that part of the three consecutive days, a drivers'	678
intervention program that is certified pursuant to section 3793.10	679
of the Revised Code; and sentences the offender to a term of	680
imprisonment equal to the remainder of the three consecutive days	681
that the offender does not spend attending the drivers'	682
intervention program. The court may require the offender, as a	683
condition of probation, to attend and satisfactorily complete any	684
treatment or education programs, in addition to the required	685
attendance at a drivers' intervention program, that the operators	686
of the drivers' intervention program determine that the offender	687
should attend and to report periodically to the court on the	688
offender's progress in the programs. The court also may impose	689
any other conditions of probation on the offender that it	690
considers necessary.	691

(2) If, within fivesix years of the offense, the offender	692
has been convicted of or pleaded guilty to one violation of	693
section 1547.11 of the Revised Code, of a municipal ordinance	694
relating to operating a watercraft or manipulating any water skis,	695
aquaplane, or similar device while under the influence of alcohol,	696
a drug of abuse, or alcohol and a drug of abusea combination of	697
them, of a municipal ordinance relating to operating a watercraft	698
or manipulating any water skis, aquaplane, or similar device with	699
a prohibited concentration of alcohol in the whole blood, blood	700
serum or plasma, breath, or urine, of division (A)(1) of section	701
2903.06 of the Revised Code, or of division (A)(2), (3), or (4) of	702
section 2903.06 of the Revised Code or former section 2903.06 or	703
2903.07 of the Revised Code as they existed prior to March 23,	704
2000, in a case in which the jury or judge found that the offender	705
was under the influence of alcohol, a drug of abuse, or alcohol	706
and a drug of abusea combination of them, the court shall	707
sentence the offender to a term of imprisonment of ten consecutive	708
days and may sentence the offender pursuant to section 2929.21 of	709
the Revised Code to a longer term of imprisonment. In addition,	710
the court shall impose upon the offender a fine of not less than	711
one hundred fifty nor more than one thousand dollars.	712

In addition to any other sentence that it imposes upon the	713
offender, the court may require the offender to attend a drivers'	714
intervention program that is certified pursuant to section 3793.10	715
of the Revised Code.	716

(3) If, within fivesix years of the offense, the offender	717
has been convicted of or pleaded guilty to more than one violation	718
identified in division (G)(2) of this section, the court shall	719
sentence the offender to a term of imprisonment of thirty	720
consecutive days and may sentence the offender to a longer term of	721
imprisonment of not more than one year. In addition, the court	722
shall impose upon the offender a fine of not less than one hundred	723
fifty nor more than one thousand dollars.	724

In addition to any other sentence that it imposes upon the	725
offender, the court may require the offender to attend a drivers'	726
intervention program that is certified pursuant to section 3793.10	727
of the Revised Code.	728

(4) Upon a showing that imprisonment would seriously affect	729
the ability of an offender sentenced pursuant to division (G)(1),	730
(2), or (3) of this section to continue the offender's employment,	731
the court may authorize that the offender be granted work release	732
from imprisonment after the offender has served the three, ten, or	733
thirty consecutive days of imprisonment that the court is required	734
by division (G)(1), (2), or (3) of this section to impose. No	735
court shall authorize work release from imprisonment during the	736
three, ten, or thirty consecutive days of imprisonment that the	737
court is required by division (G)(1), (2), or (3) of this section	738
to impose. The duration of the work release shall not exceed the	739
time necessary each day for the offender to commute to and from	740
the place of employment and the place of imprisonment and the time	741
actually spent under employment.	742

(5) Notwithstanding any section of the Revised Code that	743
authorizes the suspension of the imposition or execution of a	744
sentence or the placement of an offender in any treatment program	745
in lieu of imprisonment, no court shall suspend the ten or thirty	746
consecutive days of imprisonment required to be imposed by	747
division (G)(2) or (3) of this section or place an offender who is	748
sentenced pursuant to division (G)(2) or (3) of this section in	749
any treatment program in lieu of imprisonment until after the	750
offender has served the ten or thirty consecutive days of	751
imprisonment required to be imposed pursuant to division (G)(2) or	752
(3) of this section. Notwithstanding any section of the Revised	753
Code that authorizes the suspension of the imposition or execution	754
of a sentence or the placement of an offender in any treatment	755
program in lieu of imprisonment, no court, except as specifically	756
authorized by division (G)(1) of this section, shall suspend the	757
three consecutive days of imprisonment required to be imposed by	758
division (G)(1) of this section or place an offender who is	759
sentenced pursuant to division (G)(1) of this section in any	760
treatment program in lieu of imprisonment until after the offender	761
has served the three consecutive days of imprisonment required to	762
be imposed pursuant to division (G)(1) of this section.	763

(H) Whoever violates section 1547.304 of the Revised Code is	764
guilty of a misdemeanor of the fourth degree and also shall be	765
assessed any costs incurred by the state or a county, township,	766
municipal corporation, or other political subdivision in disposing	767
of an abandoned junk vessel or outboard motor, less any money	768
accruing to the state, county, township, municipal corporation, or	769
other political subdivision from that disposal.	770

(I) Whoever violates division (B) or (C) of section 1547.49	771
of the Revised Code is guilty of a minor misdemeanor.	772

(J) Whoever violates section 1547.31 of the Revised Code is	773
guilty of a misdemeanor of the fourth degree on a first offense.	774
On each subsequent offense, the person is guilty of a misdemeanor	775
of the third degree.	776

(K) Whoever violates section 1547.05 or 1547.051 of the	777
Revised Code is guilty of a misdemeanor of the fourth degree if	778
the violation is not related to a collision, injury to a person,	779
or damage to property and a misdemeanor of the third degree if the	780
violation is related to a collision, injury to a person, or damage	781
to property.	782

(L) The sentencing court, in addition to the penalty	783
provided under this section for a violation of this chapter or a	784
rule adopted under it that involves a powercraft powered by more	785
than ten horsepower and that, in the opinion of the court,	786
involves a threat to the safety of persons or property, shall	787
order the offender to complete successfully a boating course	788
approved by the national association of state boating law	789
administrators before the offender is allowed to operate a	790
powercraft powered by more than ten horsepower on the waters in	791
this state. Violation of a court order entered under this	792
division is punishable as contempt under Chapter 2705. of the	793
Revised Code.	794

Sec. 1901.024.  (A) The board of county commissioners of	795
Hamilton county shall pay all of the costs of operation of the	796
Hamilton county municipal court. Subject to sections 3375.50,	797
3375.53, 4511.19, 4511.193, 4511.99, and 5503.04 of the Revised	798
Code and to any other section of the Revised Code that requires a	799
specific manner of disbursement of any moneys received by a	800
municipal court, the county shall receive all of the costs, fees,	801
and other moneys, except fines collected for violations of	802
municipal ordinances and for violations of township resolutions	803
adopted pursuant to Chapter 504. of the Revised Code, that are	804
received by the Hamilton county municipal court and shall receive	805
fifty per cent of all of the fines for violations of municipal	806
ordinances and for violations of township resolutions adopted	807
pursuant to Chapter 504. of the Revised Code that are received by	808
the court.	809

(B) The board of county commissioners of Lawrence county	810
shall pay all of the costs of operation of the Lawrence county	811
municipal court. Subject to sections 3375.50, 3375.53, 4511.19,	812
4511.193, 4511.99, and 5503.04 of the Revised Code and to any	813
other section of the Revised Code that requires a specific manner	814
of disbursement of any moneys received by a municipal court, the	815
county shall receive all of the costs, fees, and other moneys,	816
except fines collected for violations of municipal ordinances and	817
for violations of township resolutions adopted pursuant to Chapter	818
504. of the Revised Code, that are received by the Lawrence county	819
municipal court and shall receive fifty per cent of all of the	820
fines for violations of municipal ordinances and for violations of	821
township resolutions adopted pursuant to Chapter 504. of the	822
Revised Code that are received by the court.	823

(C) The board of county commissioners of Ottawa county shall	824
pay all of the costs of operation of the Ottawa county municipal	825
court. Subject to sections 3375.50, 3375.53, 4511.19, 4511.193,	826
4511.99, and 5503.04 of the Revised Code and to any other section	827
of the Revised Code that requires a specific manner of	828
disbursement of any moneys received by a municipal court, the	829
county shall receive all of the costs, fees, and other moneys,	830
except fines collected for violations of municipal ordinances and	831
for violations of township resolutions adopted pursuant to Chapter	832
504. of the Revised Code, that are received by the Ottawa county	833
municipal court and shall receive fifty per cent of all of the	834
fines for violations of municipal ordinances and for violations of	835
township resolutions adopted pursuant to Chapter 504. of the	836
Revised Code that are received by the court.	837

(D) The board of county commissioners of a county in which a	838
county-operated municipal court is located shall pay all of the	839
costs of operation of the municipal court. The county in which a	840
county-operated municipal court that is not subject to division	841
(A), (B), or (C) of this section is located shall receive all of	842
the costs, fees, and other moneys, except fines collected for	843
violations of municipal ordinances and for violations of township	844
resolutions adopted pursuant to Chapter 504. of the Revised Code	845
and except as provided in sections 3375.50, 3375.53, and 5503.04	846
of the Revised Code and in any other section of the Revised Code	847
that requires a specific manner of disbursement of any moneys	848
received by a municipal court, that are received by the court.	849

Sec. 1901.31.  The clerk and deputy clerks of a municipal	850
court shall be selected, be compensated, give bond, and have	851
powers and duties as follows:	852

(A) There shall be a clerk of the court who is appointed or	853
elected as follows:	854

(1)(a) Except in the Akron, Barberton, Cuyahoga Falls,	855
Medina, Toledo, Clermont county, Hamilton county, Portage county,	856
and Wayne county municipal courts, if the population of the	857
territory equals or exceeds one hundred thousand at the regular	858
municipal election immediately preceding the expiration of the	859
term of the present clerk, the clerk shall be nominated and	860
elected by the qualified electors of the territory in the manner	861
that is provided for the nomination and election of judges in	862
section 1901.07 of the Revised Code.	863

The clerk so elected shall hold office for a term of six	864
years, which term shall commence on the first day of January	865
following the clerk's election and continue until the clerk's	866
successor is elected and qualified.	867

(b) In the Hamilton county municipal court, the clerk of	868
courts of Hamilton county shall be the clerk of the municipal	869
court and may appoint an assistant clerk who shall receive the	870
compensation, payable out of the treasury of Hamilton county in	871
semimonthly installments, that the board of county commissioners	872
prescribes. The clerk of courts of Hamilton county, acting as the	873
clerk of the Hamilton county municipal court and assuming the	874
duties of that office, shall receive compensation at one-fourth	875
the rate that is prescribed for the clerks of courts of common	876
pleas as determined in accordance with the population of the	877
county and the rates set forth in sections 325.08 and 325.18 of	878
the Revised Code. This compensation shall be paid from the county	879
treasury in semimonthly installments and is in addition to the	880
annual compensation that is received for the performance of the	881
duties of the clerk of courts of Hamilton county, as provided in	882
sections 325.08 and 325.18 of the Revised Code.	883

(c) In the Portage county and Wayne county municipal courts,	884
the clerks of courts of Portage county and Wayne county shall be	885
the clerks, respectively, of the Portage county and Wayne county	886
municipal courts and may appoint a chief deputy clerk for each	887
branch that is established pursuant to section 1901.311 of the	888
Revised Code and assistant clerks as the judges of the municipal	889
court determine are necessary, all of whom shall receive the	890
compensation that the legislative authority prescribes. The	891
clerks of courts of Portage county and Wayne county, acting as the	892
clerks of the Portage county and Wayne county municipal courts and	893
assuming the duties of these offices, shall receive compensation	894
payable from the county treasury in semimonthly installments at	895
one-fourth the rate that is prescribed for the clerks of courts of	896
common pleas as determined in accordance with the population of	897
the county and the rates set forth in sections 325.08 and 325.18	898
of the Revised Code.	899

(d) Except as otherwise provided in division (A)(1)(d) of	900
this section, in the Akron municipal court, candidates for	901
election to the office of clerk of the court shall be nominated by	902
primary election. The primary election shall be held on the day	903
specified in the charter of the city of Akron for the nomination	904
of municipal officers. Notwithstanding section 3513.257 of the	905
Revised Code, the nominating petitions of independent candidates	906
shall be signed by at least two hundred fifty qualified electors	907
of the territory of the court.	908

The candidates shall file a declaration of candidacy and	909
petition, or a nominating petition, whichever is applicable, not	910
later than four p.m. of the seventy-fifth day before the day of	911
the primary election, in the form prescribed by section 3513.07 or	912
3513.261 of the Revised Code. The declaration of candidacy and	913
petition, or the nominating petition, shall conform to the	914
applicable requirements of section 3513.05 or 3513.257 of the	915
Revised Code.	916

If no valid declaration of candidacy and petition is filed by	917
any person for nomination as a candidate of a particular political	918
party for election to the office of clerk of the Akron municipal	919
court, a primary election shall not be held for the purpose of	920
nominating a candidate of that party for election to that office.	921
If only one person files a valid declaration of candidacy and	922
petition for nomination as a candidate of a particular political	923
party for election to that office, a primary election shall not be	924
held for the purpose of nominating a candidate of that party for	925
election to that office, and the candidate shall be issued a	926
certificate of nomination in the manner set forth in section	927
3513.02 of the Revised Code.	928

Declarations of candidacy and petitions, nominating	929
petitions, and certificates of nomination for the office of clerk	930
of the Akron municipal court shall contain a designation of the	931
term for which the candidate seeks election. At the following	932
regular municipal election, all candidates for the office shall be	933
submitted to the qualified electors of the territory of the court	934
in the manner that is provided in section 1901.07 of the Revised	935
Code for the election of the judges of the court. The clerk so	936
elected shall hold office for a term of six years, which term	937
shall commence on the first day of January following the clerk's	938
election and continue until the clerk's successor is elected and	939
qualified.	940

(e) In the Clermont county municipal court, the clerk of	941
courts of Clermont county shall be the clerk of the municipal	942
court. The clerk of courts of Clermont county, acting as the	943
clerk of the Clermont county municipal court and assuming the	944
duties of that office, shall receive compensation at one-fourth	945
the rate that is prescribed for the clerks of courts of common	946
pleas as determined in accordance with the population of the	947
county and the rates set forth in sections 325.08 and 325.18 of	948
the Revised Code. This compensation shall be paid from the county	949
treasury in semimonthly installments and is in addition to the	950
annual compensation that is received for the performance of the	951
duties of the clerk of courts of Clermont county, as provided in	952
sections 325.08 and 325.18 of the Revised Code.	953

(f) Irrespective of the population of the territory of the	954
Medina municipal court, the clerk of that court shall be appointed	955
pursuant to division (A)(2)(a) of this section by the judges of	956
that court, shall hold office until the clerk's successor is	957
similarly appointed and qualified, and shall receive pursuant to	958
division (C) of this section the annual compensation that the	959
legislative authority prescribes and that is payable in	960
semimonthly installments from the same sources and in the same	961
manner as provided in section 1901.11 of the Revised Code.	962

(g) Except as otherwise provided in division (A)(1)(g) of	963
this section, in the Barberton municipal court, candidates for	964
election to the office of clerk of the court shall be nominated by	965
primary election. The primary election shall be held on the day	966
specified in the charter of the city of Barberton for the	967
nomination of municipal officers. Notwithstanding section	968
3513.257 of the Revised Code, the nominating petitions of	969
independent candidates shall be signed by at least two hundred	970
fifty qualified electors of the territory of the court.	971

The candidates shall file a declaration of candidacy and	972
petition, or a nominating petition, whichever is applicable, not	973
later than four p.m. of the seventy-fifth day before the day of	974
the primary election, in the form prescribed by section 3513.07 or	975
3513.261 of the Revised Code. The declaration of candidacy and	976
petition, or the nominating petition, shall conform to the	977
applicable requirements of section 3513.05 or 3513.257 of the	978
Revised Code.	979

If no valid declaration of candidacy and petition is filed by	980
any person for nomination as a candidate of a particular political	981
party for election to the office of clerk of the Barberton	982
municipal court, a primary election shall not be held for the	983
purpose of nominating a candidate of that party for election to	984
that office. If only one person files a valid declaration of	985
candidacy and petition for nomination as a candidate of a	986
particular political party for election to that office, a primary	987
election shall not be held for the purpose of nominating a	988
candidate of that party for election to that office, and the	989
candidate shall be issued a certificate of nomination in the	990
manner set forth in section 3513.02 of the Revised Code.	991

Declarations of candidacy and petitions, nominating	992
petitions, and certificates of nomination for the office of clerk	993
of the Barberton municipal court shall contain a designation of	994
the term for which the candidate seeks election. At the following	995
regular municipal election, all candidates for the office shall be	996
submitted to the qualified electors of the territory of the court	997
in the manner that is provided in section 1901.07 of the Revised	998
Code for the election of the judges of the court. The clerk so	999
elected shall hold office for a term of six years, which term	1000
shall commence on the first day of January following the clerk's	1001
election and continue until the clerk's successor is elected and	1002
qualified.	1003

(h) Except as otherwise provided in division (A)(1)(h) of	1004
this section, in the Cuyahoga Falls municipal court, candidates	1005
for election to the office of clerk of the court shall be	1006
nominated by primary election. The primary election shall be held	1007
on the day specified in the charter of the city of Cuyahoga Falls	1008
for the nomination of municipal officers. Notwithstanding section	1009
3513.257 of the Revised Code, the nominating petitions of	1010
independent candidates shall be signed by at least two hundred	1011
fifty qualified electors of the territory of the court.	1012

The candidates shall file a declaration of candidacy and	1013
petition, or a nominating petition, whichever is applicable, not	1014
later than four p.m. of the seventy-fifth day before the day of	1015
the primary election, in the form prescribed by section 3513.07 or	1016
3513.261 of the Revised Code. The declaration of candidacy and	1017
petition, or the nominating petition, shall conform to the	1018
applicable requirements of section 3513.05 or 3513.257 of the	1019
Revised Code.	1020

If no valid declaration of candidacy and petition is filed by	1021
any person for nomination as a candidate of a particular political	1022
party for election to the office of clerk of the Cuyahoga Falls	1023
municipal court, a primary election shall not be held for the	1024
purpose of nominating a candidate of that party for election to	1025
that office. If only one person files a valid declaration of	1026
candidacy and petition for nomination as a candidate of a	1027
particular political party for election to that office, a primary	1028
election shall not be held for the purpose of nominating a	1029
candidate of that party for election to that office, and the	1030
candidate shall be issued a certificate of nomination in the	1031
manner set forth in section 3513.02 of the Revised Code.	1032

Declarations of candidacy and petitions, nominating	1033
petitions, and certificates of nomination for the office of clerk	1034
of the Cuyahoga Falls municipal court shall contain a designation	1035
of the term for which the candidate seeks election. At the	1036
following regular municipal election, all candidates for the	1037
office shall be submitted to the qualified electors of the	1038
territory of the court in the manner that is provided in section	1039
1901.07 of the Revised Code for the election of the judges of the	1040
court. The clerk so elected shall hold office for a term of six	1041
years, which term shall commence on the first day of January	1042
following the clerk's election and continue until the clerk's	1043
successor is elected and qualified.	1044

(i) Except as otherwise provided in division (A)(1)(i) of	1045
this section, in the Toledo municipal court, candidates for	1046
election to the office of clerk of the court shall be nominated by	1047
primary election. The primary election shall be held on the day	1048
specified in the charter of the city of Toledo for the nomination	1049
of municipal officers. Notwithstanding section 3513.257 of the	1050
Revised Code, the nominating petitions of independent candidates	1051
shall be signed by at least two hundred fifty qualified electors	1052
of the territory of the court.	1053

The candidates shall file a declaration of candidacy and	1054
petition, or a nominating petition, whichever is applicable, not	1055
later than four p.m. of the seventy-fifth day before the day of	1056
the primary election, in the form prescribed by section 3513.07 or	1057
3513.261 of the Revised Code. The declaration of candidacy and	1058
petition, or the nominating petition, shall conform to the	1059
applicable requirements of section 3513.05 or 3513.257 of the	1060
Revised Code.	1061

If no valid declaration of candidacy and petition is filed by	1062
any person for nomination as a candidate of a particular political	1063
party for election to the office of clerk of the Toledo municipal	1064
court, a primary election shall not be held for the purpose of	1065
nominating a candidate of that party for election to that office.	1066
If only one person files a valid declaration of candidacy and	1067
petition for nomination as a candidate of a particular political	1068
party for election to that office, a primary election shall not be	1069
held for the purpose of nominating a candidate of that party for	1070
election to that office, and the candidate shall be issued a	1071
certificate of nomination in the manner set forth in section	1072
3513.02 of the Revised Code.	1073

Declarations of candidacy and petitions, nominating	1074
petitions, and certificates of nomination for the office of clerk	1075
of the Toledo municipal court shall contain a designation of the	1076
term for which the candidate seeks election. At the following	1077
regular municipal election, all candidates for the office shall be	1078
submitted to the qualified electors of the territory of the court	1079
in the manner that is provided in section 1901.07 of the Revised	1080
Code for the election of the judges of the court. The clerk so	1081
elected shall hold office for a term of six years, which term	1082
shall commence on the first day of January following the clerk's	1083
election and continue until the clerk's successor is elected and	1084
qualified.	1085

(2)(a) Except for the Alliance, Auglaize county, Columbiana	1086
county, Lorain, Massillon, and Youngstown municipal courts, in a	1087
municipal court for which the population of the territory is less	1088
than one hundred thousand and in the Medina municipal court, the	1089
clerk shall be appointed by the court, and the clerk shall hold	1090
office until the clerk's successor is appointed and qualified.	1091

(b) In the Alliance, Lorain, Massillon, and Youngstown	1092
municipal courts, the clerk shall be elected for a term of office	1093
as described in division (A)(1)(a) of this section.	1094

(c) In the Auglaize county municipal court, the clerk of	1095
courts of Auglaize county shall be the clerk of the municipal	1096
court and may appoint a chief deputy clerk for each branch that is	1097
established pursuant to section 1901.311 of the Revised Code, and	1098
assistant clerks as the judge of the court determines are	1099
necessary, all of whom shall receive the compensation that the	1100
legislative authority prescribes. The clerk of courts of Auglaize	1101
county, acting as the clerk of the Auglaize county municipal court	1102
and assuming the duties of that office, shall receive compensation	1103
payable from the county treasury in semimonthly installments at	1104
one-fourth the rate that is prescribed for the clerks of courts of	1105
common pleas as determined in accordance with the population of	1106
the county and the rates set forth in sections 325.08 and 325.18	1107
of the Revised Code.	1108

(d) In the Columbiana county municipal court, the clerk of	1109
courts of Columbiana county shall be the clerk of the municipal	1110
court, may appoint a chief deputy clerk for each branch office	1111
that is established pursuant to section 1901.311 of the Revised	1112
Code, and may appoint any assistant clerks that the judges of the	1113
court determine are necessary. All of the chief deputy clerks and	1114
assistant clerks shall receive the compensation that the	1115
legislative authority prescribes. The clerk of courts of	1116
Columbiana county, acting as the clerk of the Columbiana county	1117
municipal court and assuming the duties of that office, shall	1118
receive compensation payable from the county treasury in	1119
semimonthly installments at one-fourth the rate that is prescribed	1120
for the clerks of courts of common pleas as determined in	1121
accordance with the population of the county and the rates set	1122
forth in sections 325.08 and 325.18 of the Revised Code.	1123

(3) During the temporary absence of the clerk due to	1124
illness, vacation, or other proper cause, the court may appoint a	1125
temporary clerk, who shall be paid the same compensation, have the	1126
same authority, and perform the same duties as the clerk.	1127

(B) Except in the Clermont county, Hamilton county, Medina,	1128
Portage county, and Wayne county municipal courts, if a vacancy	1129
occurs in the office of the clerk of the Alliance, Lorain,	1130
Massillon, or Youngstown municipal court or occurs in the office	1131
of the clerk of a municipal court for which the population of the	1132
territory equals or exceeds one hundred thousand because the clerk	1133
ceases to hold the office before the end of the clerk's term or	1134
because a clerk-elect fails to take office, the vacancy shall be	1135
filled, until a successor is elected and qualified, by a person	1136
chosen by the residents of the territory of the court who are	1137
members of the county central committee of the political party by	1138
which the last occupant of that office or the clerk-elect was	1139
nominated. Not less than five nor more than fifteen days after a	1140
vacancy occurs, those members of that county central committee	1141
shall meet to make an appointment to fill the vacancy. At least	1142
four days before the date of the meeting, the chairperson or a	1143
secretary of the county central committee shall notify each such	1144
member of that county central committee by first class mail of the	1145
date, time, and place of the meeting and its purpose. A majority	1146
of all such members of that county central committee constitutes a	1147
quorum, and a majority of the quorum is required to make the	1148
appointment. If the office so vacated was occupied or was to be	1149
occupied by a person not nominated at a primary election, or if	1150
the appointment was not made by the committee members in	1151
accordance with this division, the court shall make an appointment	1152
to fill the vacancy. A successor shall be elected to fill the	1153
office for the unexpired term at the first municipal election that	1154
is held more than one hundred twenty days after the vacancy	1155
occurred.	1156

(C)(1) In a municipal court, other than the Auglaize county,	1157
the Columbiana county, and the Lorain municipal courts, for which	1158
the population of the territory is less than one hundred thousand	1159
and in the Medina municipal court, the clerk of the municipal	1160
court shall receive the annual compensation that the presiding	1161
judge of the court prescribes, if the revenue of the court for the	1162
preceding calendar year, as certified by the auditor or chief	1163
fiscal officer of the municipal corporation in which the court is	1164
located or, in the case of a county-operated municipal court, the	1165
county auditor, is equal to or greater than the expenditures,	1166
including any debt charges, for the operation of the court payable	1167
under this chapter from the city treasury or, in the case of a	1168
county-operated municipal court, the county treasury for that	1169
calendar year, as also certified by the auditor or chief fiscal	1170
officer. If the revenue of a municipal court, other than the	1171
Auglaize county, the Columbiana county, and the Lorain municipal	1172
courts, for which the population of the territory is less than one	1173
hundred thousand or the revenue of the Medina municipal court for	1174
the preceding calendar year as so certified is not equal to or	1175
greater than those expenditures for the operation of the court for	1176
that calendar year as so certified, the clerk of a municipal court	1177
shall receive the annual compensation that the legislative	1178
authority prescribes. As used in this division, "revenue" means	1179
the total of all costs and fees that are collected and paid to the	1180
city treasury or, in a county-operated municipal court, the county	1181
treasury by the clerk of the municipal court under division (F) of	1182
this section and all interest received and paid to the city	1183
treasury or, in a county-operated municipal court, the county	1184
treasury in relation to the costs and fees under division (G) of	1185
this section.	1186

(2) In a municipal court, other than the Clermont county,	1187
Hamilton county, Medina, Portage county, and Wayne county	1188
municipal courts, for which the population of the territory is one	1189
hundred thousand or more, and in the Lorain municipal court, the	1190
clerk of the municipal court shall receive annual compensation in	1191
a sum equal to eighty-five per cent of the salary of a judge of	1192
the court.	1193

(3) The compensation of a clerk described in division (C)(1)	1194
or (2) of this section is payable in semimonthly installments from	1195
the same sources and in the same manner as provided in section	1196
1901.11 of the Revised Code.	1197

(D) Before entering upon the duties of the clerk's office,	1198
the clerk of a municipal court shall give bond of not less than	1199
six thousand dollars to be determined by the judges of the court,	1200
conditioned upon the faithful performance of the clerk's duties.	1201

(E) The clerk of a municipal court may do all of the	1202
following: administer oaths, take affidavits, and issue	1203
executions upon any judgment rendered in the court, including a	1204
judgment for unpaid costs; issue, sign, and attach the seal of the	1205
court to all writs, process, subpoenas, and papers issuing out of	1206
the court; and approve all bonds, sureties, recognizances, and	1207
undertakings fixed by any judge of the court or by law. The clerk	1208
may refuse to accept for filing any pleading or paper submitted	1209
for filing by a person who has been found to be a vexatious	1210
litigator under section 2323.52 of the Revised Code and who has	1211
failed to obtain leave to proceed under that section. The clerk	1212
shall do all of the following: file and safely keep all journals,	1213
records, books, and papers belonging or appertaining to the court;	1214
record the proceedings of the court; perform all other duties that	1215
the judges of the court may prescribe; and keep a book showing all	1216
receipts and disbursements, which book shall be open for public	1217
inspection at all times.	1218

The clerk shall prepare and maintain a general index, a	1219
docket, and other records that the court, by rule, requires, all	1220
of which shall be the public records of the court. In the docket,	1221
the clerk shall enter, at the time of the commencement of an	1222
action, the names of the parties in full, the names of the	1223
counsel, and the nature of the proceedings. Under proper dates,	1224
the clerk shall note the filing of the complaint, issuing of	1225
summons or other process, returns, and any subsequent pleadings.	1226
The clerk also shall enter all reports, verdicts, orders,	1227
judgments, and proceedings of the court, clearly specifying the	1228
relief granted or orders made in each action. The court may order	1229
an extended record of any of the above to be made and entered,	1230
under the proper action heading, upon the docket at the request of	1231
any party to the case, the expense of which record may be taxed as	1232
costs in the case or may be required to be prepaid by the party	1233
demanding the record, upon order of the court.	1234

(F) The clerk of a municipal court shall receive, collect,	1235
and issue receipts for all costs, fees, fines, bail, and other	1236
moneys payable to the office or to any officer of the court. The	1237
clerk shall each month disburse to the proper persons or officers,	1238
and take receipts for, all costs, fees, fines, bail, and other	1239
moneys that the clerk collects. Subject to sections 3375.50 and	1240
4511.193 of the Revised Code and to any other section of the	1241
Revised Code that requires a specific manner of disbursement of	1242
any moneys received by a municipal court and except for the	1243
Hamilton county, Lawrence county, and Ottawa county municipal	1244
courts, the clerk shall pay all fines received for violation of	1245
municipal ordinances into the treasury of the municipal	1246
corporation the ordinance of which was violated and shall pay all	1247
fines received for violation of township resolutions adopted	1248
pursuant to Chapter 504. of the Revised Code into the treasury of	1249
the township the resolution of which was violated. Subject to	1250
sections 1901.024 and 4511.193 of the Revised Code, in the	1251
Hamilton county, Lawrence county, and Ottawa county municipal	1252
courts, the clerk shall pay fifty per cent of the fines received	1253
for violation of municipal ordinances and fifty per cent of the	1254
fines received for violation of township resolutions adopted	1255
pursuant to Chapter 504. of the Revised Code into the treasury of	1256
the county. Subject to sections 3375.50, 3375.53, 4511.99	1257
4511.19, and 5503.04 of the Revised Code and to any other section	1258
of the Revised Code that requires a specific manner of	1259
disbursement of any moneys received by a municipal court, the	1260
clerk shall pay all fines collected for the violation of state	1261
laws into the county treasury. Except in a county-operated	1262
municipal court, the clerk shall pay all costs and fees the	1263
disbursement of which is not otherwise provided for in the Revised	1264
Code into the city treasury. The clerk of a county-operated	1265
municipal court shall pay the costs and fees the disbursement of	1266
which is not otherwise provided for in the Revised Code into the	1267
county treasury. Moneys deposited as security for costs shall be	1268
retained pending the litigation. The clerk shall keep a separate	1269
account of all receipts and disbursements in civil and criminal	1270
cases, which shall be a permanent public record of the office. On	1271
the expiration of the term of the clerk, the clerk shall deliver	1272
the records to the clerk's successor. The clerk shall have other	1273
powers and duties as are prescribed by rule or order of the court.	1274

(G) All moneys paid into a municipal court shall be noted on	1275
the record of the case in which they are paid and shall be	1276
deposited in a state or national bank, or a domestic savings and	1277
loan association, as defined in section 1151.01 of the Revised	1278
Code, that is selected by the clerk. Any interest received upon	1279
the deposits shall be paid into the city treasury, except that, in	1280
a county-operated municipal court, the interest shall be paid into	1281
the treasury of the county in which the court is located.	1282

On the first Monday in January of each year, the clerk shall	1283
make a list of the titles of all cases in the court that were	1284
finally determined more than one year past in which there remains	1285
unclaimed in the possession of the clerk any funds, or any part of	1286
a deposit for security of costs not consumed by the costs in the	1287
case. The clerk shall give notice of the moneys to the parties	1288
who are entitled to the moneys or to their attorneys of record.	1289
All the moneys remaining unclaimed on the first day of April of	1290
each year shall be paid by the clerk to the city treasurer, except	1291
that, in a county-operated municipal court, the moneys shall be	1292
paid to the treasurer of the county in which the court is located.	1293
The treasurer shall pay any part of the moneys at any time to the	1294
person who has the right to the moneys upon proper certification	1295
of the clerk.	1296

(H) Deputy clerks may be appointed by the clerk and shall	1297
receive the compensation, payable in semimonthly installments out	1298
of the city treasury, that the clerk may prescribe, except that	1299
the compensation of any deputy clerk of a county-operated	1300
municipal court shall be paid out of the treasury of the county in	1301
which the court is located. Each deputy clerk shall take an oath	1302
of office before entering upon the duties of the deputy clerk's	1303
office and, when so qualified, may perform the duties appertaining	1304
to the office of the clerk. The clerk may require any of the	1305
deputy clerks to give bond of not less than three thousand	1306
dollars, conditioned for the faithful performance of the deputy	1307
clerk's duties.	1308

(I) For the purposes of this section, whenever the	1309
population of the territory of a municipal court falls below one	1310
hundred thousand but not below ninety thousand, and the population	1311
of the territory prior to the most recent regular federal census	1312
exceeded one hundred thousand, the legislative authority of the	1313
municipal corporation may declare, by resolution, that the	1314
territory shall be considered to have a population of at least one	1315
hundred thousand.	1316

(J) The clerk or a deputy clerk shall be in attendance at	1317
all sessions of the municipal court, although not necessarily in	1318
the courtroom, and may administer oaths to witnesses and jurors	1319
and receive verdicts.	1320

Sec. 1905.01.  (A) In all municipal corporations, other than	1321
Batavia in Clermont county, not being the site of a municipal	1322
court nor a place where a judge of the Auglaize county, Crawford	1323
county, Jackson county, Miami county, Portage county, or Wayne	1324
county municipal court sits as required pursuant to section	1325
1901.021 of the Revised Code or by designation of the judges	1326
pursuant to section 1901.021 of the Revised Code, the mayor of the	1327
municipal corporation has jurisdiction, except as provided in	1328
divisions (B), (C), and (E) of this section and subject to the	1329
limitation contained in section 1905.03 and the limitation	1330
contained in section 1905.031 of the Revised Code, to hear and	1331
determine any prosecution for the violation of an ordinance of the	1332
municipal corporation, to hear and determine any case involving a	1333
violation of a vehicle parking or standing ordinance of the	1334
municipal corporation unless the violation is required to be	1335
handled by a parking violations bureau or joint parking violations	1336
bureau pursuant to Chapter 4521. of the Revised Code, and to hear	1337
and determine all criminal causes involving any moving traffic	1338
violation occurring on a state highway located within the	1339
boundaries of the municipal corporation, subject to the	1340
limitations of sections 2937.08 and 2938.04 of the Revised Code.	1341

(B)(1) In all municipal corporations, other than Batavia in	1342
Clermont county, not being the site of a municipal court nor a	1343
place where a judge of a court listed in division (A) of this	1344
section sits as required pursuant to section 1901.021 of the	1345
Revised Code or by designation of the judges pursuant to section	1346
1901.021 of the Revised Code, the mayor of the municipal	1347
corporation has jurisdiction, subject to the limitation contained	1348
in section 1905.03 of the Revised Code, to hear and determine	1349
prosecutions involving a violation of an ordinance of the	1350
municipal corporation relating to operating a vehicle while under	1351
the influence of alcohol, a drug of abuse, or alcohol and a drug	1352
of abusecombination of them or relating to operating a vehicle	1353
with a prohibited concentration of alcohol in the whole blood,	1354
blood serum or plasma, breath, or urine, and to hear and determine	1355
criminal causes involving a violation of section 4511.19 of the	1356
Revised Code that occur on a state highway located within the	1357
boundaries of the municipal corporation, subject to the	1358
limitations of sections 2937.08 and 2938.04 of the Revised Code,	1359
only if the person charged with the violation, within six years of	1360
the date of the violation charged, has not been convicted of or	1361
pleaded guilty to any of the following:	1362

(a) A violation of an ordinance of any municipal corporation	1363
relating to operating a vehicle while under the influence of	1364
alcohol, a drug of abuse, or alcohol and a drug of abuse	1365
combination of them or relating to operating a vehicle with a	1366
prohibited concentration of alcohol in the whole blood, blood	1367
serum or plasma, breath, or urine;	1368

(b) A violation of section 4511.19 of the Revised Code;

1369

(c) A violation of any ordinance of any municipal	1370
corporation or of any section of the Revised Code that regulates	1371
the operation of vehicles, streetcars, and trackless trolleys upon	1372
the highways or streets, in relation to which all of the following	1373
apply:	1374

(i) The person, in the case in which the conviction was	1375
obtained or the plea of guilty was entered, had been charged with	1376
a violation of an ordinance of any municipal corporation relating	1377
to operating a vehicle while under the influence of alcohol, a	1378
drug of abuse, or alcohol and a drug of abuse or relating to	1379
operating a vehicle with a prohibited concentration of alcohol in	1380
the blood, breath, or urinea type described in division (B)(1)(a)	1381
of this section, or with a violation of section 4511.19 of the	1382
Revised Code;	1383

(ii) The charge of the violation described in division	1384
(B)(1)(c)(i) of this section was dismissed or reduced;	1385

(iii) The violation of which the person was convicted or to	1386
which the person pleaded guilty arose out of the same facts and	1387
circumstances and the same act as did the charge that was	1388
dismissed or reduced.	1389

(d) A violation of a statute of the United States or of any	1390
other state or a municipal ordinance of a municipal corporation	1391
located in any other state that is substantially similar to	1392
section 4511.19 of the Revised Code.	1393

(2) The mayor of a municipal corporation does not have	1394
jurisdiction to hear and determine any prosecution or criminal	1395
cause involving a violation described in division (B)(1)(a) or (b)	1396
of this section, regardless of where the violation occurred, if	1397
the person charged with the violation, within six years of the	1398
violation charged, has been convicted of or pleaded guilty to any	1399
violation listed in division (B)(1)(a), (b), (c), or (d) of this	1400
section.	1401

If the mayor of a municipal corporation, in hearing a	1402
prosecution involving a violation of an ordinance of the municipal	1403
corporation the mayor serves relating to operating a vehicle while	1404
under the influence of alcohol, a drug of abuse, or alcohol and a	1405
drug of abusecombination of them or relating to operating a	1406
vehicle with a prohibited concentration of alcohol in the whole	1407
blood, blood serum or plasma, breath, or urine, or in hearing a	1408
criminal cause involving a violation of section 4511.19 of the	1409
Revised Code, determines that the person charged, within six years	1410
of the violation charged, has been convicted of or pleaded guilty	1411
to any violation listed in division (B)(1)(a), (b), (c), or (d) of	1412
this section, the mayor immediately shall transfer the case to the	1413
county court or municipal court with jurisdiction over the	1414
violation charged, in accordance with section 1905.032 of the	1415
Revised Code.	1416

(C)(1) In all municipal corporations, other than Batavia in	1417
Clermont county, not being the site of a municipal court and not	1418
being a place where a judge of a court listed in division (A) of	1419
this section sits as required pursuant to section 1901.021 of the	1420
Revised Code or by designation of the judges pursuant to section	1421
1901.021 of the Revised Code, the mayor of the municipal	1422
corporation, subject to sections 1901.031, 2937.08, and 2938.04 of	1423
the Revised Code, has jurisdiction to hear and determine	1424
prosecutions involving a violation of a municipal ordinance that	1425
is substantially equivalent to division (B)(1) or (D)(2) of(A)of	1426
section 4510.14 or section 4507.024510.16 of the Revised Code and	1427
to hear and determine criminal causes that involve a moving	1428
traffic violation, that involve a violation of division (B)(1) or	1429
(D)(2) of(A)of section 4510.14 or section 4507.024510.16 of the	1430
Revised Code, and that occur on a state highway located within the	1431
boundaries of the municipal corporation only if all of the	1432
following apply regarding the violation and the person charged:	1433

(a) Regarding a violation of division (B)(1) of section	1434
4507.024510.16 of the Revised Code or a violation of a municipal	1435
ordinance that is substantially equivalent to that division, the	1436
person charged with the violation, within fivesix years of the	1437
date of the violation charged, has not been convicted of or	1438
pleaded guilty to any of the following:	1439

(i) A violation of division (B)(1) of section 4507.02	1440
4510.16 of the Revised Code;	1441

(ii) A violation of a municipal ordinance that is	1442
substantially equivalent to division (B)(1) of section 4507.02	1443
4510.16 of the Revised Code;	1444

(iii) A violation of any municipal ordinance or section of	1445
the Revised Code that regulates the operation of vehicles,	1446
streetcars, and trackless trolleys upon the highways or streets,	1447
in a case in which, after a charge against the person of a	1448
violation of a type described in division (C)(1)(a)(i) or (ii) of	1449
this section was dismissed or reduced, the person is convicted of	1450
or pleads guilty to a violation that arose out of the same facts	1451
and circumstances and the same act as did the charge that was	1452
dismissed or reduced.	1453

(b) Regarding a violation of division (D)(2)(A) of section	1454
4507.024510.14 of the Revised Code or a violation of a municipal	1455
ordinance that is substantially equivalent to that division, the	1456
person charged with the violation, within fivesix years of the	1457
date of the violation charged, has not been convicted of or	1458
pleaded guilty to any of the following:	1459

(i) A violation of division (D)(2)(A) of section 4507.02	1460
4510.14 of the Revised Code;	1461

(ii) A violation of a municipal ordinance that is	1462
substantially equivalent to division (D)(2)(A) of section 4507.02	1463
4510.14 of the Revised Code;	1464

(iii) A violation of any municipal ordinance or section of	1465
the Revised Code that regulates the operation of vehicles,	1466
streetcars, and trackless trolleys upon the highways or streets in	1467
a case in which, after a charge against the person of a violation	1468
of a type described in division (C)(1)(b)(i) or (ii) of this	1469
section was dismissed or reduced, the person is convicted of or	1470
pleads guilty to a violation that arose out of the same facts and	1471
circumstances and the same act as did the charge that was	1472
dismissed or reduced.	1473

(2) The mayor of a municipal corporation does not have	1474
jurisdiction to hear and determine any prosecution or criminal	1475
cause involving a violation described in division (C)(1)(a)(i) or	1476
(ii) of this section if the person charged with the violation,	1477
within fivesix years of the violation charged, has been convicted	1478
of or pleaded guilty to any violation listed in division	1479
(C)(1)(a)(i), (ii), or (iii) of this section and does not have	1480
jurisdiction to hear and determine any prosecution or criminal	1481
cause involving a violation described in division (C)(1)(b)(i) or	1482
(ii) of this section if the person charged with the violation,	1483
within fivesix years of the violation charged, has been convicted	1484
of or pleaded guilty to any violation listed in division	1485
(C)(1)(b)(i), (ii), or (iii) of this section.	1486

(3) If the mayor of a municipal corporation, in hearing a	1487
prosecution involving a violation of an ordinance of the municipal	1488
corporation the mayor serves that is substantially equivalent to	1489
division (B)(1) or (D)(2) of(A)of section 4510.14 or section	1490
4507.024510.16 of the Revised Code or a violation of division	1491
(B)(1) or (D)(2) of(A)of section 4510.14 or section 4507.02	1492
4510.16 of the Revised Code, determines that, under division	1493
(C)(2) of this section, mayors do not have jurisdiction of the	1494
prosecution, the mayor immediately shall transfer the case to the	1495
county court or municipal court with jurisdiction over the	1496
violation in accordance with section 1905.032 of the Revised Code.	1497

(D) If the mayor of a municipal corporation has jurisdiction	1498
pursuant to division (B)(1) of this section to hear and determine	1499
a prosecution or criminal cause involving a violation described in	1500
division (B)(1)(a) or (b) of this section, the authority of the	1501
mayor to hear or determine the prosecution or cause is subject to	1502
the limitation contained in division (C) of section 1905.03 of the	1503
Revised Code. If the mayor of a municipal corporation has	1504
jurisdiction pursuant to division (A) or (C) of this section to	1505
hear and determine a prosecution or criminal cause involving a	1506
violation other than a violation described in division (B)(1)(a)	1507
or (b) of this section, the authority of the mayor to hear or	1508
determine the prosecution or cause is subject to the limitation	1509
contained in division (C) of section 1905.031 of the Revised Code.	1510

(E)(1) The mayor of a municipal corporation does not have	1511
jurisdiction to hear and determine any prosecution or criminal	1512
cause involving any of the following:	1513

(a) A violation of section 2919.25 or 2919.27 of the Revised	1514
Code;	1515

(b) A violation of section 2903.11, 2903.12, 2903.13,	1516
2903.211, or 2911.211 of the Revised Code that involves a person	1517
who was a family or household member of the defendant at the time	1518
of the violation;	1519

(c) A violation of a municipal ordinance that is	1520
substantially equivalent to an offense described in division	1521
(E)(1)(a) or (b) of this section and that involves a person who	1522
was a family or household member of the defendant at the time of	1523
the violation.	1524

(2) The mayor of a municipal corporation does not have	1525
jurisdiction to hear and determine a motion filed pursuant to	1526
section 2919.26 of the Revised Code or filed pursuant to a	1527
municipal ordinance that is substantially equivalent to that	1528
section or to issue a protection order pursuant to that section or	1529
a substantially equivalent municipal ordinance.	1530

(3) As used in this section, "family or household member"	1531
has the same meaning as in section 2919.25 of the Revised Code.	1532

(F) In keeping a docket and files, the mayor, and a mayor's	1533
court magistrate appointed under section 1905.05 of the Revised	1534
Code, shall be governed by the laws pertaining to county courts.	1535

Sec. 1905.201.  The mayor of a municipal corporation that has	1536
a mayor's court, and a mayor's court magistrate, are entitled to	1537
suspend or revoke, and shall suspend or revoke, in accordance with	1538
division (B) of section 4507.16sections 4510.02, 4510.07, and	1539
4511.19 of the Revised Code, the driver's or commercial driver's	1540
license or permit or nonresident operating privilege of any person	1541
who is convicted of or pleads guilty to a violation of division	1542
(A) of section 4511.19 of the Revised Code, of a municipal	1543
ordinance relating to operating a vehicle while under the	1544
influence of alcohol, a drug of abuse, or alcohol and a drug of	1545
abusea combination of them, or of a municipal ordinance relating	1546
to operating a vehicle with a prohibited concentration of alcohol	1547
in the whole blood, blood serum or plasma, breath, or urine that	1548
is substantially equivalent to division (A) of section 4511.19 of	1549
the Revised Code. The mayor of a municipal corporation that has a	1550
mayor's court, and a mayor's court magistrate, are entitled to	1551
suspend, and shall suspend, in accordance with division (E) of	1552
section 4507.16sections 4510.02, 4510.07, and 4511.19 of the	1553
Revised Code, the driver's, or commercial driver's license or	1554
permit or nonresident operating privilege of any person who is	1555
convicted of or pleads guilty to a violation of division (B) of	1556
section 4511.19 of the Revised Code or of a municipal ordinance	1557
relating to operating a vehicle with a prohibited concentration of	1558
alcohol in the whole blood, blood serum or plasma, breath, or	1559
urine that is substantially equivalent to division (B) of section	1560
4511.19 of the Revised Code.	1561

Suspension of a commercial driver's license under this	1562
section shall be concurrent with any period of disqualification or	1563
suspension under section 3123.6113123.58 or 4506.16 of the	1564
Revised Code or period of suspension under section 3123.58 of the	1565
Revised Code. No person who is disqualified for life from holding	1566
a commercial driver's license under section 4506.16 of the Revised	1567
Code shall be issued a driver's license under Chapter 4507. of the	1568
Revised Code during the period for which the commercial driver's	1569
license was suspended under this section, and no person whose	1570
commercial driver's license is suspended under this section shall	1571
be issued a driver's license under Chapter 4507. of the Revised	1572
Code during the period of the suspension.	1573

Sec. 1907.20.  (A) The clerk of courts shall be the clerk of	1574
the county court, except that the board of county commissioners,	1575
with the concurrence of the county court judges, may appoint a	1576
clerk for each county court judge, who shall serve at the pleasure	1577
of the board and shall receive compensation as set by the board,	1578
payable in semimonthly installments from the treasury of the	1579
county. An appointed clerk, before entering upon the duties of	1580
the office, shall give bond of not less than five thousand	1581
dollars, as determined by the board of county commissioners,	1582
conditioned upon the faithful performance of the clerk's duties.	1583

The clerks of courts of common pleas, when acting as the	1584
clerks of county courts, and upon assuming their county court	1585
duties, shall receive compensation at one-fourth the rate	1586
prescribed for the clerks of courts of common pleas as determined	1587
in accordance with the population of the county and the rates set	1588
forth in sections 325.08 and 325.18 of the Revised Code. This	1589
compensation shall be paid from the county treasury in semimonthly	1590
installments and is in addition to the annual compensation	1591
received for the performance of the duties of the clerk of a court	1592
of common pleas as provided in sections 325.08 and 325.18 of the	1593
Revised Code.	1594

(B) The clerk of a county court shall have general powers to	1595
administer oaths, take affidavits, and issue executions upon any	1596
judgment rendered in the county court, including a judgment for	1597
unpaid costs, power to issue and sign all writs, process,	1598
subpoenas, and papers issuing out of the court, and to attach the	1599
seal of the court to them, and power to approve all bonds,	1600
sureties, recognizances, and undertakings fixed by any judge of	1601
the court or by law. The clerk shall file and safely keep all	1602
journals, records, books, and papers belonging or appertaining to	1603
the court, record its proceedings, perform all other duties that	1604
the judges of the court may prescribe, and keep a book showing all	1605
receipts and disbursements, which shall be open for public	1606
inspection at all times. The clerk may refuse to accept for	1607
filing any pleading or paper submitted for filing by a person who	1608
has been found to be a vexatious litigator under section 2323.52	1609
of the Revised Code and who has failed to obtain leave to proceed	1610
under that section.	1611

The clerk shall prepare and maintain a general index, a	1612
docket as prescribed by the court, which shall be furnished by the	1613
board of county commissioners, and such other records as the	1614
court, by rule, requires, all of which shall be the public records	1615
of the court. In the docket, the clerk shall enter at times of	1616
the commencement of an action, the names of the parties in full,	1617
the names of the counsel, and the nature of the proceedings. Under	1618
proper dates, the clerk shall note the filing of the complaint,	1619
issuing of summons or other process, returns, and pleadings	1620
subsequent thereto. The clerk also shall enter all reports,	1621
verdicts, orders, judgments, and proceedings of the court, clearly	1622
specifying the relief granted or orders made in each action. The	1623
court may order an extended record of any of the above to be made	1624
and entered, under the proper action heading, upon the docket at	1625
the request of any party to the case, the expense of which may be	1626
taxed as costs in the case or may be required to be prepaid by the	1627
party demanding the extended record, upon order of the court.	1628

(C) The clerk of a county court shall receive and collect	1629
all costs, fees, fines, penalties, bail, and other moneys payable	1630
to the office or to any officer of the court and issue receipts	1631
therefor, and shall each month disburse the costs, fees, fines,	1632
penalties, bail, and other moneys to the proper persons or	1633
officers and take receipts therefor. Subject to sections 3375.51,	1634
3375.53, 4511.19, 4511.193, and 4511.995503.04 of the Revised	1635
Code and all other statutes that require a different distribution	1636
of fines, fines received for violations of municipal ordinances	1637
shall be paid into the treasury of the municipal corporation whose	1638
ordinance was violated, fines received for violations of township	1639
resolutions adopted pursuant to Chapter 504. of the Revised Code	1640
shall be paid into the treasury of the township whose resolution	1641
was violated, and fines collected for the violation of state laws	1642
shall be paid into the county treasury. Moneys deposited as	1643
security for costs shall be retained pending the litigation.	1644

The clerk shall keep a separate account of all receipts and	1645
disbursements in civil and criminal cases. The separate account	1646
shall be a permanent public record of the office. On the	1647
expiration of a clerk's term, those records shall be delivered to	1648
the clerk's successor.	1649

The clerk shall have such other powers and duties as are	1650
prescribed by rule or order of the court.	1651

(D) All moneys paid into a county court shall be noted on	1652
the record of the case in which they are paid and shall be	1653
deposited in a state or national bank selected by the clerk. On	1654
the first Monday in January of each year, the clerk shall make a	1655
list of the titles of all cases in the county court that were	1656
finally determined more than one year past in which there remains	1657
unclaimed in the possession of the clerk any funds, or any part of	1658
a deposit for security of costs not consumed by the costs in the	1659
case. The clerk shall give notice of the moneys to the parties	1660
entitled to them or to their attorneys of record. All the moneys	1661
remaining unclaimed on the first day of April of each year shall	1662
be paid by the clerk to the county treasurer. Any part of the	1663
moneys shall be paid by the county treasurer at any time to the	1664
person having the right to them, upon proper certification of the	1665
clerk.	1666

(E)(1) In county court districts having appointed clerks,	1667
deputy clerks may be appointed by the board of county	1668
commissioners. Clerks and deputy clerks shall receive such	1669
compensation payable in semimonthly installments out of the county	1670
treasury as the board may prescribe. Each deputy clerk shall take	1671
an oath of office before entering upon the duties of the deputy	1672
clerk's office and, when so qualified, may perform the duties	1673
appertaining to the office of the clerk. The clerk may require	1674
any of the deputy clerks to give bond of not less than three	1675
thousand dollars, conditioned for the faithful performance of the	1676
deputy clerk's duties.	1677

(2) A clerk of courts acting as clerk of the county court	1678
may appoint deputy clerks to perform the duties pertaining to the	1679
office of clerk of the county court. Each deputy clerk shall take	1680
an oath of office before entering upon the deputy clerk's duties,	1681
and the clerk of courts may require the deputy clerk to give bond	1682
of not less than three thousand dollars, conditioned for the	1683
faithful performance of the deputy clerk's duties.	1684

(3) The clerk or a deputy clerk of a county court shall be	1685
in attendance at all sessions of the court, although not	1686
necessarily in the courtroom, and may administer oaths to	1687
witnesses and jurors and receive verdicts.	1688

(F)(1) In county court districts having appointed clerks,	1689
the board of county commissioners may order the establishment of	1690
one or more branch offices of the clerk and, with the concurrence	1691
of the county judges, may appoint a special deputy clerk to	1692
administer each branch office. Each special deputy clerk shall	1693
take an oath of office before entering upon the duties of the	1694
deputy clerk's office and, when so qualified, may perform any one	1695
or more of the duties appertaining to the office of clerk, as the	1696
board prescribes. Special deputy clerks shall receive such	1697
compensation payable in semimonthly installments out of the county	1698
treasury as the board may prescribe. The board may require any of	1699
the special deputy clerks to give bond of not less than three	1700
thousand dollars, conditioned for the faithful performance of the	1701
deputy clerk's duties.	1702

The board of county commissioners may authorize the clerk of	1703
the county court to operate one or more branch offices, to divide	1704
the clerk's time between the offices, and to perform duties	1705
appertaining to the office of clerk in locations that the board	1706
prescribes.	1707

(2) A clerk of courts acting as clerk of the county court	1708
may establish one or more branch offices for the clerk's duties as	1709
clerk of the county court and, with the concurrence of the county	1710
court judges, may appoint a special deputy clerk to administer	1711
each branch office. Each special deputy clerk shall take an oath	1712
of office before entering upon the deputy clerk's duties and, when	1713
so qualified, may perform any of the duties pertaining to the	1714
office of clerk, as the clerk of courts prescribes. The clerk of	1715
courts may require any of the special deputy clerks to give bond	1716
of not less than three thousand dollars, conditioned for the	1717
faithful performance of the deputy clerk's duties.	1718

(G) The clerk of courts of the county shall fix the	1719
compensation of deputy clerks and special deputy clerks appointed	1720
by the clerk pursuant to this section. Those personnel shall be	1721
paid and be subject to the same requirements as other employees of	1722
the clerk under the provisions of section 325.17 of the Revised	1723
Code insofar as that section is applicable.	1724

Sec. 2151.354.  (A) If the child is adjudicated an unruly	1725
child, the court may:	1726

(1) Make any of the dispositions authorized under section	1727
2151.353 of the Revised Code;	1728

(2) Place the child on community control under any	1729
sanctions, services, and conditions that the court prescribes, as	1730
described in division (A)(3) of section 2152.19 of the Revised	1731
Code, provided that, if the court imposes a period of community	1732
service upon the child, the period of community service shall not	1733
exceed one hundred seventy-five hours;	1734

(3) Suspend or revoke the driver's license, probationary	1735
driver's license, or temporary instruction permit issued to the	1736
child for a period of time prescribed by the court and suspend or	1737
revoke the registration of all motor vehicles registered in the	1738
name of the child for a period of time prescribed by the court. A	1739
child whose license or permit is so suspended or revoked is	1740
ineligible for issuance of a license or permit during the period	1741
of suspension or revocation. At the end of the period of	1742
suspension or revocation, the child shall not be reissued a	1743
license or permit until the child has paid any applicable	1744
reinstatement fee and complied with all requirements governing	1745
license reinstatement.	1746

(4) Commit the child to the temporary or permanent custody	1747
of the court;	1748

(5) Make any further disposition the court finds proper that	1749
is consistent with sections 2151.312 and 2151.56 to 2151.61 of the	1750
Revised Code;	1751

(6) If, after making a disposition under division (A)(1),	1752
(2), or (3) of this section, the court finds upon further hearing	1753
that the child is not amenable to treatment or rehabilitation	1754
under that disposition, make a disposition otherwise authorized	1755
under divisions (A)(1), (3), (4), and (7) of section 2152.19 of	1756
the Revised Code that is consistent with sections 2151.312 and	1757
2151.56 to 2151.61 of the Revised Code.	1758

(B) If a child is adjudicated an unruly child for committing	1759
any act that, if committed by an adult, would be a drug abuse	1760
offense, as defined in section 2925.01 of the Revised Code, or a	1761
violation of division (B) of section 2917.11 of the Revised Code,	1762
then, in addition to imposing, in its discretion, any other order	1763
of disposition authorized by this section, the court shall do both	1764
of the following:	1765

(1) Require the child to participate in a drug abuse or	1766
alcohol abuse counseling program;	1767

(2) Suspend or revoke the temporary instruction permit,	1768
probationary driver's license, or driver's license issued to the	1769
child for a period of time prescribed by the court or, at the	1770
discretion of the court, until. The court, in its discretion, may	1771
terminate the suspension if the child attends and satisfactorily	1772
completes a drug abuse or alcohol abuse education, intervention,	1773
or treatment program specified by the court. During the time the	1774
child is attending thea program as described in this division,	1775
the court shall retain anythe child's temporary instruction	1776
permit, probationary driver's license, or driver's license issued	1777
to the child, and the court shall return the permit or license	1778
when the child satisfactorily completes the programif it	1779
terminates the suspension.	1780

(C)(1) If a child is adjudicated an unruly child for being	1781
an habitual truant, in addition to or in lieu of imposing any	1782
other order of disposition authorized by this section, the court	1783
may do any of the following:	1784

(a) Order the board of education of the child's school	1785
district or the governing board of the educational service center	1786
in the child's school district to require the child to attend an	1787
alternative school if an alternative school has been established	1788
pursuant to section 3313.533 of the Revised Code in the school	1789
district in which the child is entitled to attend school;	1790

(b) Require the child to participate in any academic program	1791
or community service program;	1792

(c) Require the child to participate in a drug abuse or	1793
alcohol abuse counseling program;	1794

(d) Require that the child receive appropriate medical or	1795
psychological treatment or counseling;	1796

(e) Make any other order that the court finds proper to	1797
address the child's habitual truancy, including an order requiring	1798
the child to not be absent without legitimate excuse from the	1799
public school the child is supposed to attend for five or more	1800
consecutive days, seven or more school days in one school month,	1801
or twelve or more school days in a school year and including an	1802
order requiring the child to participate in a truancy prevention	1803
mediation program.	1804

(2) If a child is adjudicated an unruly child for being an	1805
habitual truant and the court determines that the parent,	1806
guardian, or other person having care of the child has failed to	1807
cause the child's attendance at school in violation of section	1808
3321.38 of the Revised Code, in addition to any order of	1809
disposition authorized by this section, all of the following	1810
apply:	1811

(a) The court may require the parent, guardian, or other	1812
person having care of the child to participate in any community	1813
service program, preferably a community service program that	1814
requires the involvement of the parent, guardian, or other person	1815
having care of the child in the school attended by the child.	1816

(b) The court may require the parent, guardian, or other	1817
person having care of the child to participate in a truancy	1818
prevention mediation program.	1819

(c) The court shall warn the parent, guardian, or other	1820
person having care of the child that any subsequent adjudication	1821
of the child as an unruly or delinquent child for being an	1822
habitual or chronic truant may result in a criminal charge against	1823
the parent, guardian, or other person having care of the child for	1824
a violation of division (C) of section 2919.21 or section 2919.24	1825
of the Revised Code.	1826

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	1827
child, the court may make any of the following orders of	1828
disposition, in addition to any other disposition authorized or	1829
required by this chapter:	1830

(1) Any order that is authorized by section 2151.353 of the	1831
Revised Code for the care and protection of an abused, neglected,	1832
or dependent child;	1833

(2) Commit the child to the temporary custody of any school,	1834
camp, institution, or other facility operated for the care of	1835
delinquent children by the county, by a district organized under	1836
section 2152.41 or 2151.65 of the Revised Code, or by a private	1837
agency or organization, within or without the state, that is	1838
authorized and qualified to provide the care, treatment, or	1839
placement required;	1840

(3) Place the child on community control under any	1841
sanctions, services, and conditions that the court prescribes. As	1842
a condition of community control in every case and in addition to	1843
any other condition that it imposes upon the child, the court	1844
shall require the child to abide by the law during the period of	1845
community control. As referred to in this division, community	1846
control includes, but is not limited to, the following sanctions	1847
and conditions:	1848

(a) A period of basic probation supervision in which the	1849
child is required to maintain contact with a person appointed to	1850
supervise the child in accordance with sanctions imposed by the	1851
court;	1852

(b) A period of intensive probation supervision in which the	1853
child is required to maintain frequent contact with a person	1854
appointed by the court to supervise the child while the child is	1855
seeking or maintaining employment and participating in training,	1856
education, and treatment programs as the order of disposition;	1857

(c) A period of day reporting in which the child is required	1858
each day to report to and leave a center or another approved	1859
reporting location at specified times in order to participate in	1860
work, education or training, treatment, and other approved	1861
programs at the center or outside the center;	1862

(d) A period of community service of up to five hundred	1863
hours for an act that would be a felony or a misdemeanor of the	1864
first degree if committed by an adult, up to two hundred hours for	1865
an act that would be a misdemeanor of the second, third, or fourth	1866
degree if committed by an adult, or up to thirty hours for an act	1867
that would be a minor misdemeanor if committed by an adult;	1868

(e) A requirement that the child obtain a high school	1869
diploma, a certificate of high school equivalence, vocational	1870
training, or employment;	1871

(f) A period of drug and alcohol use monitoring;

1872

(g) A requirement of alcohol or drug assessment or	1873
counseling, or a period in an alcohol or drug treatment program	1874
with a level of security for the child as determined necessary by	1875
the court;	1876

(h) A period in which the court orders the child to observe	1877
a curfew that may involve daytime or evening hours;	1878

(i) A requirement that the child serve monitored time;

1879

(j) A period of house arrest with or without electronic	1880
monitoring;	1881

(k) A period of electronic monitoring without house arrest or	1882
electronically monitored house arrest that does not exceed the	1883
maximum sentence of imprisonment that could be imposed upon an	1884
adult who commits the same act.	1885

A period of electronically monitored house arrest imposed	1886
under this division shall not extend beyond the child's	1887
twenty-first birthday. If a court imposes a period of	1888
electronically monitored house arrest upon a child under this	1889
division, it shall require the child: to wear, otherwise have	1890
attached to the child's person, or otherwise be subject to	1891
monitoring by a certified electronic monitoring device or to	1892
participate in the operation of and monitoring by a certified	1893
electronic monitoring system; to remain in the child's home or	1894
other specified premises for the entire period of electronically	1895
monitored house arrest except when the court permits the child to	1896
leave those premises to go to school or to other specified	1897
premises; to be monitored by a central system that can determine	1898
the child's location at designated times; to report periodically	1899
to a person designated by the court; and to enter into a written	1900
contract with the court agreeing to comply with all requirements	1901
imposed by the court, agreeing to pay any fee imposed by the court	1902
for the costs of the electronically monitored house arrest, and	1903
agreeing to waive the right to receive credit for any time served	1904
on electronically monitored house arrest toward the period of any	1905
other dispositional order imposed upon the child if the child	1906
violates any of the requirements of the dispositional order of	1907
electronically monitored house arrest. The court also may impose	1908
other reasonable requirements upon the child.	1909

Unless ordered by the court, a child shall not receive credit	1910
for any time served on electronically monitored house arrest	1911
toward any other dispositional order imposed upon the child for	1912
the act for which was imposed the dispositional order of	1913
electronically monitored house arrest.	1914

(l) A suspension of the driver's license, probationary	1915
driver's license, or temporary instruction permit issued to the	1916
child for a period of time prescribed by the court, or a	1917
suspension of the registration of all motor vehicles registered in	1918
the name of the child for a period of time prescribed by the	1919
court. A child whose license or permit is so suspended is	1920
ineligible for issuance of a license or permit during the period	1921
of suspension. At the end of the period of suspension, the child	1922
shall not be reissued a license or permit until the child has paid	1923
any applicable reinstatement fee and complied with all	1924
requirements governing license reinstatement.	1925

(4) Commit the child to the custody of the court;

1926

(5) Require the child to not be absent without legitimate	1927
excuse from the public school the child is supposed to attend for	1928
five or more consecutive days, seven or more school days in one	1929
school month, or twelve or more school days in a school year;	1930

(6)(a) If a child is adjudicated a delinquent child for	1931
being a chronic truant or an habitual truant who previously has	1932
been adjudicated an unruly child for being a habitual truant, do	1933
either or both of the following:	1934

(i) Require the child to participate in a truancy prevention	1935
mediation program;	1936

(ii) Make any order of disposition as authorized by this	1937
section, except that the court shall not commit the child to a	1938
facility described in division (A)(2) of this section unless the	1939
court determines that the child violated a lawful court order made	1940
pursuant to division (C)(1)(e) of section 2151.354 of the Revised	1941
Code or division (A)(5) of this section.	1942

(b) If a child is adjudicated a delinquent child for being a	1943
chronic truant or a habitual truant who previously has been	1944
adjudicated an unruly child for being a habitual truant and the	1945
court determines that the parent, guardian, or other person having	1946
care of the child has failed to cause the child's attendance at	1947
school in violation of section 3321.38 of the Revised Code, do	1948
either or both of the following:	1949

(i) Require the parent, guardian, or other person having	1950
care of the child to participate in a truancy prevention mediation	1951
program;	1952

(ii) Require the parent, guardian, or other person having	1953
care of the child to participate in any community service program,	1954
preferably a community service program that requires the	1955
involvement of the parent, guardian, or other person having care	1956
of the child in the school attended by the child.	1957

(7) Make any further disposition that the court finds	1958
proper, except that the child shall not be placed in any of the	1959
following:	1960

(a) A state correctional institution, a county, multicounty,	1961
or municipal jail or workhouse, or another place in which an adult	1962
convicted of a crime, under arrest, or charged with a crime is	1963
held;	1964

(b) A community corrections facility, if the child would be	1965
covered by the definition of public safety beds for purposes of	1966
sections 5139.41 to 5139.45 of the Revised Code if the court	1967
exercised its authority to commit the child to the legal custody	1968
of the department of youth services for institutionalization or	1969
institutionalization in a secure facility pursuant to this	1970
chapter.	1971

(B) If a child is adjudicated a delinquent child, in	1972
addition to any order of disposition made under division (A) of	1973
this section, the court, in the following situations and for the	1974
specified periods of time, shall suspend the child's temporary	1975
instruction permit, restricted license, probationary driver's	1976
license, or nonresident operating privilege, or suspend the	1977
child's ability to obtain such a permit:	1978

(1) TheIf the child is adjudicated a delinquent child for	1979
violating section 2923.122 of the Revised Code, with the	1980
suspension and denial beingimpose a class four suspension of the	1981
child's license, permit, or privilege from the range specified in	1982
division (A)(4) of section 4510.02 of the Revised Code or deny the	1983
child the issuance of a license or permit in accordance with	1984
division (E)(F)(1)(a), (c), (d), or (e) of section 2923.122 of the	1985
Revised Code.	1986

(2) TheIf the child is adjudicated a delinquent child for	1987
committing an act that if committed by an adult would be a drug	1988
abuse offense or for violating division (B) of section 2917.11 of	1989
the Revised Code, withsuspend the child's license, permit, or	1990
privilege for a period of time prescribed by the court. The court,	1991
in its discretion, may terminate the suspension continuing until	1992
if the child attends and satisfactorily completes a drug abuse or	1993
alcohol abuse education, intervention, or treatment program	1994
specified by the court. During the time the child is attending	1995
thea program described in this division, the court shall retain	1996
anythe child's temporary instruction permit, probationary	1997
driver's license, or driver's license issued to the child, and the	1998
court shall return the permit or license when the child	1999
satisfactorily completes the programif it terminates the	2000
suspension as described in this division.	2001

(C) The court may establish a victim-offender mediation	2002
program in which victims and their offenders meet to discuss the	2003
offense and suggest possible restitution. If the court obtains	2004
the assent of the victim of the delinquent act committed by the	2005
child, the court may require the child to participate in the	2006
program.	2007

(D)(1) If a child is adjudicated a delinquent child for	2008
committing an act that would be a felony if committed by an adult	2009
and if the child caused, attempted to cause, threatened to cause,	2010
or created a risk of physical harm to the victim of the act, the	2011
court, prior to issuing an order of disposition under this	2012
section, shall order the preparation of a victim impact statement	2013
by the probation department of the county in which the victim of	2014
the act resides, by the court's own probation department, or by a	2015
victim assistance program that is operated by the state, a county,	2016
a municipal corporation, or another governmental entity. The court	2017
shall consider the victim impact statement in determining the	2018
order of disposition to issue for the child.	2019

(2) Each victim impact statement shall identify the victim	2020
of the act for which the child was adjudicated a delinquent child,	2021
itemize any economic loss suffered by the victim as a result of	2022
the act, identify any physical injury suffered by the victim as a	2023
result of the act and the seriousness and permanence of the	2024
injury, identify any change in the victim's personal welfare or	2025
familial relationships as a result of the act and any	2026
psychological impact experienced by the victim or the victim's	2027
family as a result of the act, and contain any other information	2028
related to the impact of the act upon the victim that the court	2029
requires.	2030

(3) A victim impact statement shall be kept confidential and	2031
is not a public record. However, the court may furnish copies of	2032
the statement to the department of youth services if the	2033
delinquent child is committed to the department or to both the	2034
adjudicated delinquent child or the adjudicated delinquent child's	2035
counsel and the prosecuting attorney. The copy of a victim impact	2036
statement furnished by the court to the department pursuant to	2037
this section shall be kept confidential and is not a public	2038
record. If an officer is preparing pursuant to section 2947.06 or	2039
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	2040
investigation report pertaining to a person, the court shall make	2041
available to the officer, for use in preparing the report, a copy	2042
of any victim impact statement regarding that person. The copies	2043
of a victim impact statement that are made available to the	2044
adjudicated delinquent child or the adjudicated delinquent child's	2045
counsel and the prosecuting attorney pursuant to this division	2046
shall be returned to the court by the person to whom they were	2047
made available immediately following the imposition of an order of	2048
disposition for the child under this chapter.	2049

The copy of a victim impact statement that is made available	2050
pursuant to this division to an officer preparing a criminal	2051
presentence investigation report shall be returned to the court by	2052
the officer immediately following its use in preparing the report.	2053

(4) The department of youth services shall work with local	2054
probation departments and victim assistance programs to develop a	2055
standard victim impact statement.	2056

(E) If a child is adjudicated a delinquent child for being a	2057
chronic truant or an habitual truant who previously has been	2058
adjudicated an unruly child for being an habitual truant and the	2059
court determines that the parent, guardian, or other person having	2060
care of the child has failed to cause the child's attendance at	2061
school in violation of section 3321.38 of the Revised Code, in	2062
addition to any order of disposition it makes under this section,	2063
the court shall warn the parent, guardian, or other person having	2064
care of the child that any subsequent adjudication of the child as	2065
an unruly or delinquent child for being an habitual or chronic	2066
truant may result in a criminal charge against the parent,	2067
guardian, or other person having care of the child for a violation	2068
of division (C) of section 2919.21 or section 2919.24 of the	2069
Revised Code.	2070

(F)(1) During the period of a delinquent child's community	2071
control granted under this section, authorized probation officers	2072
who are engaged within the scope of their supervisory duties or	2073
responsibilities may search, with or without a warrant, the person	2074
of the delinquent child, the place of residence of the delinquent	2075
child, and a motor vehicle, another item of tangible or intangible	2076
personal property, or other real property in which the delinquent	2077
child has a right, title, or interest or for which the delinquent	2078
child has the express or implied permission of a person with a	2079
right, title, or interest to use, occupy, or possess if the	2080
probation officers have reasonable grounds to believe that the	2081
delinquent child is not abiding by the law or otherwise is not	2082
complying with the conditions of the delinquent child's community	2083
control. The court that places a delinquent child on community	2084
control under this section shall provide the delinquent child with	2085
a written notice that informs the delinquent child that authorized	2086
probation officers who are engaged within the scope of their	2087
supervisory duties or responsibilities may conduct those types of	2088
searches during the period of community control if they have	2089
reasonable grounds to believe that the delinquent child is not	2090
abiding by the law or otherwise is not complying with the	2091
conditions of the delinquent child's community control. The court	2092
also shall provide the written notice described in division (E)(2)	2093
of this section to each parent, guardian, or custodian of the	2094
delinquent child who is described in that division.	2095

(2) The court that places a child on community control under	2096
this section shall provide the child's parent, guardian, or other	2097
custodian with a written notice that informs them that authorized	2098
probation officers may conduct searches pursuant to division	2099
(E)(1) of this section. The notice shall specifically state that	2100
a permissible search might extend to a motor vehicle, another item	2101
of tangible or intangible personal property, or a place of	2102
residence or other real property in which a notified parent,	2103
guardian, or custodian has a right, title, or interest and that	2104
the parent, guardian, or custodian expressly or impliedly permits	2105
the child to use, occupy, or possess.	2106

(G) If a juvenile court commits a delinquent child to the	2107
custody of any person, organization, or entity pursuant to this	2108
section and if the delinquent act for which the child is so	2109
committed is a sexually oriented offense, the court in the order	2110
of disposition shall do one of the following:	2111

(1) Require that the child be provided treatment as	2112
described in division (A)(2) of section 5139.13 of the Revised	2113
Code;	2114

(2) Inform the person, organization, or entity that it is	2115
the preferred course of action in this state that the child be	2116
provided treatment as described in division (A)(2) of section	2117
5139.13 of the Revised Code and encourage the person,	2118
organization, or entity to provide that treatment.	2119

Sec.  2152.21.  (A) Unless division (C) of this section	2120
applies, if a child is adjudicated a juvenile traffic offender,	2121
the court may make any of the following orders of disposition:	2122

(1) Impose costs and one or more financial sanctions in	2123
accordance with section 2152.20 of the Revised Code;	2124

(2) Suspend the child's driver's license, probationary	2125
driver's license, or temporary instruction permit for a definite	2126
period not exceeding two years or suspend the registration of all	2127
motor vehicles registered in the name of the child for a definite	2128
period not exceeding two years. A child whose license or permit	2129
is so suspended is ineligible for issuance of a license or permit	2130
during the period of suspension. At the end of the period of	2131
suspension, the child shall not be reissued a license or permit	2132
until the child has paid any applicable reinstatement fee and	2133
complied with all requirements governing license reinstatement.	2134

(3) Place the child on community control;

2135

(4) Require the child to make restitution for all damages	2136
caused by the child's traffic violation;	2137

(5)(a) If the child is adjudicated a juvenile traffic	2138
offender for committing a violation of division (A) of section	2139
4511.19 of the Revised Code or of a municipal ordinance that is	2140
substantially equivalent to that division, commit the child, for	2141
not longer than five days, to either of the following:	2142

(i) To theThe temporary custody of a detention facility or	2143
district detention facility established under section 2152.41 of	2144
the Revised Code;	2145

(ii) To theThe temporary custody of any school, camp,	2146
institution, or other facility for children operated in whole or	2147
in part for the care of juvenile traffic offenders of that nature	2148
by the county, by a district organized under section 2152.41 or	2149
2151.65 of the Revised Code, or by a private agency or	2150
organization within the state that is authorized and qualified to	2151
provide the care, treatment, or placement required.	2152

(b) If an order of disposition committing a child to the	2153
temporary custody of a home, school, camp, institution, or other	2154
facility of that nature is made under division (A)(5)(a) of this	2155
section, the length of the commitment shall not be reduced or	2156
diminished as a credit for any time that the child was held in a	2157
place of detention or shelter care, or otherwise was detained,	2158
prior to entry of the order of disposition.	2159

(6) If, after making a disposition under divisions (A)(1) to	2160
(5) of this section, the court finds upon further hearing that the	2161
child has failed to comply with the orders of the court and the	2162
child's operation of a motor vehicle constitutes the child a	2163
danger to the child and to others, the court may make any	2164
disposition authorized by divisions (A)(1), (3), (4), and (7) of	2165
section 2152.19 of the Revised Code, except that the child may	2166
not be committed to or placed in a secure correctional facility	2167
unless authorized by division (A)(5) of this section, and	2168
commitment to or placement in a detention facility may not exceed	2169
twenty-four hours.	2170

(B) If a child is adjudicated a juvenile traffic offender	2171
for violating division (A) or (B) of section 4511.19 of the	2172
Revised Code, in addition to any order of disposition made under	2173
division (A) of this section, the court shall suspendimpose a	2174
class six suspension of the temporary instruction permit,	2175
probationary driver's license, or driver's license issued to the	2176
child for a definite period of at least three months but not more	2177
than two years or, at the discretion of the court, untilfrom the	2178
range specified in division (A)(6) of section 4510.02 of the	2179
Revised Code. The court, in its discretion, may terminate the	2180
suspension if the child attends and satisfactorily completes a	2181
drug abuse or alcohol abuse education, intervention, or treatment	2182
program specified by the court. During the time the child is	2183
attending thea program as described in this division, the court	2184
shall retain anythe child's temporary instruction permit,	2185
probationary driver's license, or driver's license issued to the	2186
child, and the court shall return the permit or license when the	2187
child satisfactorily completes the programif it terminates the	2188
suspension as described in this division.	2189

(C) If a child is adjudicated a juvenile traffic offender	2190
for violating division (B)(1) or (2) of section 4513.263 of the	2191
Revised Code, the court shall impose the appropriate fine set	2192
forth in division (G) of that section 4513.99 of the Revised Code.	2193
If a child is adjudicated a juvenile traffic offender for	2194
violating division (B)(3) of section 4513.263 of the Revised Code	2195
and if the child is sixteen years of age or older, the court shall	2196
impose the fine set forth in division (G)(2) of that section	2197
4513.99 of the Revised Code. If a child is adjudicated a juvenile	2198
traffic offender for violating division (B)(3) of section 4513.263	2199
of the Revised Code and if the child is under sixteen years of	2200
age, the court shall not impose a fine but may place the child on	2201
probation or community control.	2202

(D) A juvenile traffic offender is subject to sections	2203
4509.01 to 4509.78 of the Revised Code.	2204

Sec. 2743.191.  (A) There is hereby created in the state	2205
treasury the reparations fund, which shall be used only for the	2206
payment of awards of reparations that are granted by the attorney	2207
general, the compensation of any personnel needed by the attorney	2208
general to administer sections 2743.51 to 2743.72 of the Revised	2209
Code, the compensation of witnesses as provided in division (B) of	2210
section 2743.65 of the Revised Code, other administrative costs of	2211
hearing and determining claims for an award of reparations by the	2212
attorney general, the costs of administering sections 2907.28 and	2213
2969.01 to 2969.06 of the Revised Code, the costs of investigation	2214
and decision-making as certified by the attorney general, the	2215
provision of state financial assistance to victim assistance	2216
programs in accordance with sections 109.91 and 109.92 of the	2217
Revised Code, the costs of paying the expenses of sex	2218
offense-related examinations and antibiotics pursuant to section	2219
2907.28 of the Revised Code, the cost of printing and distributing	2220
the pamphlet prepared by the attorney general pursuant to section	2221
109.42 of the Revised Code, and, subject to division (D) of	2222
section 2743.71 of the Revised Code, the costs associated with the	2223
printing and providing of information cards or other printed	2224
materials to law enforcement agencies and prosecuting authorities	2225
and with publicizing the availability of awards of reparations	2226
pursuant to section 2743.71 of the Revised Code. All costs paid	2227
pursuant to section 2743.70 of the Revised Code, the portions of	2228
license reinstatement fees mandated by division (L)(F)(2)(b) of	2229
section 4511.191 of the Revised Code to be credited to the fund,	2230
the portions of the proceeds of the sale of a forfeited vehicle	2231
specified in division (D)(C)(2) of section 4503.234 of the Revised	2232
Code, payments collected by the department of rehabilitation and	2233
correction from prisoners who voluntarily participate in an	2234
approved work and training program pursuant to division	2235
(C)(8)(b)(ii) of section 5145.16 of the Revised Code, and all	2236
moneys collected by the state pursuant to its right of subrogation	2237
provided in section 2743.72 of the Revised Code shall be deposited	2238
in the fund.	2239

(B) In making an award of reparations, the attorney general	2240
shall render the award against the state. The award shall be	2241
accomplished only through the following procedure, and the	2242
following procedure may be enforced by writ of mandamus directed	2243
to the appropriate official:	2244

(1) The attorney general shall provide for payment of the	2245
claimant or providers in the amount of the award.	2246

(2) The expense shall be charged against all available	2247
unencumbered moneys in the fund.	2248

(3) If sufficient unencumbered moneys do not exist in the	2249
fund, the attorney general shall make application for payment of	2250
the award out of the emergency purposes account or any other	2251
appropriation for emergencies or contingencies, and payment out of	2252
this account or other appropriation shall be authorized if there	2253
are sufficient moneys greater than the sum total of then pending	2254
emergency purposes account requests or requests for releases from	2255
the other appropriations.	2256

(4) If sufficient moneys do not exist in the account or any	2257
other appropriation for emergencies or contingencies to pay the	2258
award, the attorney general shall request the general assembly to	2259
make an appropriation sufficient to pay the award, and no payment	2260
shall be made until the appropriation has been made. The attorney	2261
general shall make this appropriation request during the current	2262
biennium and during each succeeding biennium until a sufficient	2263
appropriation is made. If, prior to the time that an	2264
appropriation is made by the general assembly pursuant to this	2265
division, the fund has sufficient unencumbered funds to pay the	2266
award or part of the award, the available funds shall be used to	2267
pay the award or part of the award, and the appropriation request	2268
shall be amended to request only sufficient funds to pay that part	2269
of the award that is unpaid.	2270

(C) The attorney general shall not make payment on a	2271
decision or order granting an award until all appeals have been	2272
determined and all rights to appeal exhausted, except as otherwise	2273
provided in this section. If any party to a claim for an award of	2274
reparations appeals from only a portion of an award, and a	2275
remaining portion provides for the payment of money by the state,	2276
that part of the award calling for the payment of money by the	2277
state and not a subject of the appeal shall be processed for	2278
payment as described in this section.	2279

(D) The attorney general shall prepare itemized bills for	2280
the costs of printing and distributing the pamphlet the attorney	2281
general prepares pursuant to section 109.42 of the Revised Code.	2282
The itemized bills shall set forth the name and address of the	2283
persons owed the amounts set forth in them.	2284

Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the	2285
Revised Code:	2286

(A) "Claimant" means both of the following categories of	2287
persons:	2288

(1) Any of the following persons who claim an award of	2289
reparations under sections 2743.51 to 2743.72 of the Revised Code:	2290

(a) A victim who was one of the following at the time of the	2291
criminally injurious conduct:	2292

(i) A resident of the United States;

2293

(ii) A resident of a foreign country the laws of which	2294
permit residents of this state to recover compensation as victims	2295
of offenses committed in that country.	2296

(b) A dependent of a deceased victim who is described in	2297
division (A)(1)(a) of this section;	2298

(c) A third person, other than a collateral source, who	2299
legally assumes or voluntarily pays the obligations of a victim,	2300
or of a dependent of a victim, who is described in division	2301
(A)(1)(a) of this section, which obligations are incurred as a	2302
result of the criminally injurious conduct that is the subject of	2303
the claim and may include, but are not limited to, medical or	2304
burial expenses;	2305

(d) A person who is authorized to act on behalf of any	2306
person who is described in division (A)(1)(a), (b), or (c) of this	2307
section.	2308

(2) Any of the following persons who claim an award of	2309
reparations under sections 2743.51 to 2743.72 of the Revised Code:	2310

(a) A victim who had a permanent place of residence within	2311
this state at the time of the criminally injurious conduct and	2312
who, at the time of the criminally injurious conduct, complied	2313
with any one of the following:	2314

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

2315

(ii) Was a member of the regular armed forces of the United	2316
States or of the United States coast guard or was a full-time	2317
member of the Ohio organized militia or of the United States army	2318
reserve, naval reserve, or air force reserve;	2319

(iii) Was retired and receiving social security or any other	2320
retirement income;	2321

(iv) Was sixty years of age or older;

2322

(v) Was temporarily in another state for the purpose of	2323
receiving medical treatment;	2324

(vi) Was temporarily in another state for the purpose of	2325
performing employment-related duties required by an employer	2326
located within this state as an express condition of employment or	2327
employee benefits;	2328

(vii) Was temporarily in another state for the purpose of	2329
receiving occupational, vocational, or other job-related training	2330
or instruction required by an employer located within this state	2331
as an express condition of employment or employee benefits;	2332

(viii) Was a full-time student at an academic institution,	2333
college, or university located in another state;	2334

(ix) Had not departed the geographical boundaries of this	2335
state for a period exceeding thirty days or with the intention of	2336
becoming a citizen of another state or establishing a permanent	2337
place of residence in another state.	2338

(b) A dependent of a deceased victim who is described in	2339
division (A)(2)(a) of this section;	2340

(c) A third person, other than a collateral source, who	2341
legally assumes or voluntarily pays the obligations of a victim,	2342
or of a dependent of a victim, who is described in division	2343
(A)(2)(a) of this section, which obligations are incurred as a	2344
result of the criminally injurious conduct that is the subject of	2345
the claim and may include, but are not limited to, medical or	2346
burial expenses;	2347

(d) A person who is authorized to act on behalf of any	2348
person who is described in division (A)(2)(a), (b), or (c) of this	2349
section.	2350

(B) "Collateral source" means a source of benefits or	2351
advantages for economic loss otherwise reparable that the victim	2352
or claimant has received, or that is readily available to the	2353
victim or claimant, from any of the following sources:	2354

(1) The offender;

2355

(2) The government of the United States or any of its	2356
agencies, a state or any of its political subdivisions, or an	2357
instrumentality of two or more states, unless the law providing	2358
for the benefits or advantages makes them excess or secondary to	2359
benefits under sections 2743.51 to 2743.72 of the Revised Code;	2360

(3) Social security, medicare, and medicaid;

2361

(4) State-required, temporary, nonoccupational disability	2362
insurance;	2363

(5) Workers' compensation;

2364

(6) Wage continuation programs of any employer;

2365

(7) Proceeds of a contract of insurance payable to the	2366
victim for loss that the victim sustained because of the	2367
criminally injurious conduct;	2368

(8) A contract providing prepaid hospital and other health	2369
care services, or benefits for disability;	2370

(9) That portion of the proceeds of all contracts of	2371
insurance payable to the claimant on account of the death of the	2372
victim that exceeds fifty thousand dollars;	2373

(10) Any compensation recovered or recoverable under the	2374
laws of another state, district, territory, or foreign country	2375
because the victim was the victim of an offense committed in that	2376
state, district, territory, or country.	2377

"Collateral source" does not include any money, or the	2378
monetary value of any property, that is subject to sections	2379
2969.01 to 2969.06 of the Revised Code.	2380

(C) "Criminally injurious conduct" means one of the	2381
following:	2382

(1) For the purposes of any person described in division	2383
(A)(1) of this section, any conduct that occurs or is attempted in	2384
this state; poses a substantial threat of personal injury or	2385
death; and is punishable by fine, imprisonment, or death, or would	2386
be so punishable but for the fact that the person engaging in the	2387
conduct lacked capacity to commit the crime under the laws of this	2388
state. Criminally injurious conduct does not include conduct	2389
arising out of the ownership, maintenance, or use of a motor	2390
vehicle, except when any of the following applies:	2391

(a) The person engaging in the conduct intended to cause	2392
personal injury or death;	2393

(b) The person engaging in the conduct was using the vehicle	2394
to flee immediately after committing a felony or an act that would	2395
constitute a felony but for the fact that the person engaging in	2396
the conduct lacked the capacity to commit the felony under the	2397
laws of this state;	2398

(c) The person engaging in the conduct was using the vehicle	2399
in a manner that constitutes an OMVIOVI violation;	2400

(d) The conduct occurred on or after July 25, 1990, and the	2401
person engaging in the conduct was using the vehicle in a manner	2402
that constitutes a violation of section 2903.08 of the Revised	2403
Code.	2404

(2) For the purposes of any person described in division	2405
(A)(2) of this section, any conduct that occurs or is attempted in	2406
another state, district, territory, or foreign country; poses a	2407
substantial threat of personal injury or death; and is punishable	2408
by fine, imprisonment, or death, or would be so punishable but for	2409
the fact that the person engaging in the conduct lacked capacity	2410
to commit the crime under the laws of the state, district,	2411
territory, or foreign country in which the conduct occurred or was	2412
attempted. Criminally injurious conduct does not include conduct	2413
arising out of the ownership, maintenance, or use of a motor	2414
vehicle, except when any of the following applies:	2415

(a) The person engaging in the conduct intended to cause	2416
personal injury or death;	2417

(b) The person engaging in the conduct was using the vehicle	2418
to flee immediately after committing a felony or an act that would	2419
constitute a felony but for the fact that the person engaging in	2420
the conduct lacked the capacity to commit the felony under the	2421
laws of the state, district, territory, or foreign country in	2422
which the conduct occurred or was attempted;	2423

(c) The person engaging in the conduct was using the vehicle	2424
in a manner that constitutes an OMVIOVI violation;	2425

(d) The conduct occurred on or after July 25, 1990, the	2426
person engaging in the conduct was using the vehicle in a manner	2427
that constitutes a violation of any law of the state, district,	2428
territory, or foreign country in which the conduct occurred, and	2429
that law is substantially similar to a violation of section	2430
2903.08 of the Revised Code.	2431

(3) For the purposes of any person described in division	2432
(A)(1) or (2) of this section, terrorism that occurs within or	2433
outside the territorial jurisdiction of the United States.	2434

(D) "Dependent" means an individual wholly or partially	2435
dependent upon the victim for care and support, and includes a	2436
child of the victim born after the victim's death.	2437

(E) "Economic loss" means economic detriment consisting only	2438
of allowable expense, work loss, funeral expense, unemployment	2439
benefits loss, replacement services loss, cost of crime scene	2440
cleanup, and cost of evidence replacement. If criminally	2441
injurious conduct causes death, economic loss includes a	2442
dependent's economic loss and a dependent's replacement services	2443
loss. Noneconomic detriment is not economic loss; however,	2444
economic loss may be caused by pain and suffering or physical	2445
impairment.	2446

(F)(1) "Allowable expense" means reasonable charges incurred	2447
for reasonably needed products, services, and accommodations,	2448
including those for medical care, rehabilitation, rehabilitative	2449
occupational training, and other remedial treatment and care and	2450
including replacement costs for eyeglasses and other corrective	2451
lenses. It does not include that portion of a charge for a room	2452
in a hospital, clinic, convalescent home, nursing home, or any	2453
other institution engaged in providing nursing care and related	2454
services in excess of a reasonable and customary charge for	2455
semiprivate accommodations, unless accommodations other than	2456
semiprivate accommodations are medically required.	2457

(2) An immediate family member of a victim of criminally	2458
injurious conduct that consists of a homicide, a sexual assault,	2459
domestic violence, or a severe and permanent incapacitating injury	2460
resulting in paraplegia or a similar life-altering condition, who	2461
requires psychiatric care or counseling as a result of the	2462
criminally injurious conduct, may be reimbursed for that care or	2463
counseling as an allowable expense through the victim's	2464
application. The cumulative allowable expense for care or	2465
counseling of that nature for each family member of a victim of	2466
that type shall not exceed two thousand five hundred dollars.	2467

(G) "Work loss" means loss of income from work that the	2468
injured person would have performed if the person had not been	2469
injured and expenses reasonably incurred by the person to obtain	2470
services in lieu of those the person would have performed for	2471
income, reduced by any income from substitute work actually	2472
performed by the person, or by income the person would have earned	2473
in available appropriate substitute work that the person was	2474
capable of performing but unreasonably failed to undertake.	2475

(H) "Replacement services loss" means expenses reasonably	2476
incurred in obtaining ordinary and necessary services in lieu of	2477
those the injured person would have performed, not for income, but	2478
for the benefit of the person's self or family, if the person had	2479
not been injured.	2480

(I) "Dependent's economic loss" means loss after a victim's	2481
death of contributions of things of economic value to the victim's	2482
dependents, not including services they would have received from	2483
the victim if the victim had not suffered the fatal injury, less	2484
expenses of the dependents avoided by reason of the victim's	2485
death. If a minor child of a victim is adopted after the victim's	2486
death, the minor child continues after the adoption to incur a	2487
dependent's economic loss as a result of the victim's death. If	2488
the surviving spouse of a victim remarries, the surviving spouse	2489
continues after the remarriage to incur a dependent's economic	2490
loss as a result of the victim's death.	2491

(J) "Dependent's replacement services loss" means loss	2492
reasonably incurred by dependents after a victim's death in	2493
obtaining ordinary and necessary services in lieu of those the	2494
victim would have performed for their benefit if the victim had	2495
not suffered the fatal injury, less expenses of the dependents	2496
avoided by reason of the victim's death and not subtracted in	2497
calculating the dependent's economic loss. If a minor child of a	2498
victim is adopted after the victim's death, the minor child	2499
continues after the adoption to incur a dependent's replacement	2500
services loss as a result of the victim's death. If the surviving	2501
spouse of a victim remarries, the surviving spouse continues after	2502
the remarriage to incur a dependent's replacement services loss as	2503
a result of the victim's death.	2504

(K) "Noneconomic detriment" means pain, suffering,	2505
inconvenience, physical impairment, or other nonpecuniary damage.	2506

(L) "Victim" means a person who suffers personal injury or	2507
death as a result of any of the following:	2508

(1) Criminally injurious conduct;

2509

(2) The good faith effort of any person to prevent	2510
criminally injurious conduct;	2511

(3) The good faith effort of any person to apprehend a	2512
person suspected of engaging in criminally injurious conduct.	2513

(M) "Contributory misconduct" means any conduct of the	2514
claimant or of the victim through whom the claimant claims an	2515
award of reparations that is unlawful or intentionally tortious	2516
and that, without regard to the conduct's proximity in time or	2517
space to the criminally injurious conduct, has a causal	2518
relationship to the criminally injurious conduct that is the basis	2519
of the claim.	2520

(N) "Funeral expense" means any reasonable charges that are	2521
not in excess of five thousand dollars per funeral and that are	2522
incurred for expenses directly related to a victim's funeral,	2523
cremation, or burial.	2524

(O) "Unemployment benefits loss" means a loss of unemployment	2525
benefits pursuant to Chapter 4141. of the Revised Code when the	2526
loss arises solely from the inability of a victim to meet the able	2527
to work, available for suitable work, or the actively seeking	2528
suitable work requirements of division (A)(4)(a) of section	2529
4141.29 of the Revised Code.	2530

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

2531

(1) A violation of section 4511.19 of the Revised Code, of	2532
any municipal ordinance prohibiting the operation of a vehicle	2533
while under the influence of alcohol, a drug of abuse, or alcohol	2534
and a drug of abusecombination of them, or of any municipal	2535
ordinance prohibiting the operation of a vehicle with a prohibited	2536
concentration of alcohol in the whole blood, blood serum or	2537
plasma, breath, or urine;	2538

(2) A violation of division (A)(1) of section 2903.06 of the	2539
Revised Code;	2540

(3) A violation of division (A)(2), (3), or (4) of section	2541
2903.06 of the Revised Code or of a municipal ordinance	2542
substantially similar to any of those divisions, if the offender	2543
was under the influence of alcohol, a drug of abuse, or alcohol	2544
and a drug of abusecombination of them, at the time of the	2545
commission of the offense;	2546

(4) For purposes of any person described in division (A)(2)	2547
of this section, a violation of any law of the state, district,	2548
territory, or foreign country in which the criminally injurious	2549
conduct occurred, if that law is substantially similar to a	2550
violation described in division (P)(1) or (2) of this section or	2551
if that law is substantially similar to a violation described in	2552
division (P)(3) of this section and the offender was under the	2553
influence of alcohol, a drug of abuse, or alcohol and a drug of	2554
abusecombination of them, at the time of the commission of the	2555
offense.	2556

(Q) "Pendency of the claim" for an original reparations	2557
application or supplemental reparations application means the	2558
period of time from the date the criminally injurious conduct upon	2559
which the application is based occurred until the date a final	2560
decision, order, or judgment concerning that original reparations	2561
application or supplemental reparations application is issued.	2562

(R) "Terrorism" means any activity to which all of the	2563
following apply:	2564

(1) The activity involves a violent act or an act that is	2565
dangerous to human life.	2566

(2) The act described in division (R)(1) of this section is	2567
committed within the territorial jurisdiction of the United States	2568
and is a violation of the criminal laws of the United States, this	2569
state, or any other state or the act described in division (R)(1)	2570
of this section is committed outside the territorial jurisdiction	2571
of the United States and would be a violation of the criminal laws	2572
of the United States, this state, or any other state if committed	2573
within the territorial jurisdiction of the United States.	2574

(3) The activity appears to be intended to do any of the	2575
following:	2576

(a) Intimidate or coerce a civilian population;

2577

(b) Influence the policy of any government by intimidation	2578
or coercion;	2579

(c) Affect the conduct of any government by assassination or	2580
kidnapping.	2581

(4) The activity occurs primarily outside the territorial	2582
jurisdiction of the United States or transcends the national	2583
boundaries of the United States in terms of the means by which the	2584
activity is accomplished, the person or persons that the activity	2585
appears intended to intimidate or coerce, or the area or locale in	2586
which the perpetrator or perpetrators of the activity operate or	2587
seek asylum.	2588

(S) "Transcends the national boundaries of the United States"	2589
means occurring outside the territorial jurisdiction of the United	2590
States in addition to occurring within the territorial	2591
jurisdiction of the United States.	2592

(T) "Cost of crime scene cleanup" means reasonable and	2593
necessary costs of cleaning the scene where the criminally	2594
injurious conduct occurred, not to exceed seven hundred fifty	2595
dollars in the aggregate per claim.	2596

(U) "Cost of evidence replacement" means costs for	2597
replacement of property confiscated for evidentiary purposes	2598
related to the criminally injurious conduct, not to exceed seven	2599
hundred fifty dollars in the aggregate per claim.	2600

(V) "Provider" means any person who provides a victim or	2601
claimant with a product, service, or accommodations that are an	2602
allowable expense or a funeral expense.	2603

(W) "Immediate family member" means an individual who is	2604
related to a victim within the first degree by affinity or	2605
consanguinity.	2606

Sec. 2743.52.  (A) The attorney general shall make awards of	2607
reparations for economic loss arising from criminally injurious	2608
conduct, if satisfied by a preponderance of the evidence that the	2609
requirements for an award of reparations have been met.	2610

(B) A court of claims panel of commissioners or a judge of	2611
the court of claims has appellate jurisdiction to order awards of	2612
reparations for economic loss arising from criminally injurious	2613
conduct, if satisfied by a preponderance of the evidence that the	2614
requirements for an award of reparations have been met.	2615

(C) A decision of the attorney general, an order of a court	2616
of claims panel of commissioners, or the judgment of a judge of	2617
the court of claims concerning an OMVIOVI violation shall not be	2618
used as the basis for any civil or criminal action and shall not	2619
be admissible as evidence in any civil or criminal proceeding.	2620

Sec. 2903.04.  (A) No person shall cause the death of	2621
another or the unlawful termination of another's pregnancy as a	2622
proximate result of the offender's committing or attempting to	2623
commit a felony.	2624

(B) No person shall cause the death of another or the	2625
unlawful termination of another's pregnancy as a proximate result	2626
of the offender's committing or attempting to commit a misdemeanor	2627
of any degree, a regulatory offense, or a minor misdemeanor other	2628
than a violation of any section contained in Title XLV of the	2629
Revised Code that is a minor misdemeanor and other than a	2630
violation of an ordinance of a municipal corporation that,	2631
regardless of the penalty set by ordinance for the violation, is	2632
substantially equivalent to any section contained in Title XLV of	2633
the Revised Code that is a minor misdemeanor.	2634

(C) Whoever violates this section is guilty of involuntary	2635
manslaughter. Violation of division (A) of th